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SALEM SOUND DEVELOPMENT • Please Report To Attorney Timothy J.O'Keefe iz4jr (emnmumrttlt4 of 9l assar4nuff--6 Essex gs, �p Robert E. Blenkhorn Salem Board of Health, 9 North Street�Salem1P9A ._---• ,--.__- --- -- ----------Greeting: Vpn are 4pre u TPlj*tb in the name of the COMMONWEALTH OF MASSACHUSETTS, to appear before the Lai rt p_nze Su er ri ar Cour— — ----- I, holden at._Lajamence. nom--_ .within and for the County of..__Essex —___ _--__-. I on the_ 6th __.__.day 10:00 _—_—o'clock in the.—.fore --noon, and from day to day thereafter, until the action hereinafter named is heard by said Court, to give evidence of what you know relating to an action of _-- ontract and mart 1 ---_------ .them and there to be heard and tried between.... . SalemSound�evelo ment Coro I and —_City-of Salem, et als, Docket No_ 84-1793 and you are further required to bring with you all records relatin_q_to the application._of_.._— _ N a1 _—_—Salem Sound Develo_ment Corp. for_a Septic sewer.Dermit.before_the Board••__._..— `t of Health 71 a U H 31arof fail not as you will answer your default under the pains and penalties in the law in that behalf made and provided Batrb atPeabody th _ of _ ,uar ........._ —.11. D. 1986 �tlte — Notary Public. THE BLAKE PRESS. INC.-PUBLISHERS BOSTON, MASS. FQAM 1S4•D I HEALTH DEFT. R CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 WINTER ISLAND MARINA INDEX Oct. 18, 1983 Request for comments: Special Permit Applicant: Salem Sound Development Co. Project Name: Winter Island Marina Nov. 23, 1983 Certificate of the Secretary of Environmental Affairs Nov. 6, 1983 Letter from D. J. Lynch, P.E. RE: Stating this office is not responsible for the use and/or information on any plans. bearing the Registration of Daniel J. Lynch, P.E. unless signed in the original. Jan. 6, 1984 Letter to Health Agent from D. J. Lynch, P.E. RE: Sanitary Waste Disposal: Winter Island Marina Stating their appearance at the Board of Health meeting of Jan. 171 1984, and their approval of the above mentioned system. Jan. 9, 1984 Letter to Daniel J. Lynch, P.E. from William A. Krol, P.E. RE: Salem: Subsurface Sewage Disposal System, Salem Sound Development Corp. , Winter Island Marina, Support Building Acknowledges receipt of the letter dated December 16, 1983 requesting a review by. the Department of a proposed subsurface sewage disposal system plan to service the subject facility. Jan. 12, 1984 Agenda: Tuesday, January 17, 1984 Minutes: Tuesday, January 17, 1984 Jan. 17, 1984 Letter from George A. Nowak to Mr. Philip H. Saindon, Chairman asking the Board of Health to deny the request of Salem Sound Development for a new septic sewerage system on Winter Island. Jan. 19, 1984 Letter to Michael O'Brien, Esq. from Health Agent .RE Board of Health requesting that the Salem Sound Development install a new septic severage system on Winter Island. Jan. 31, 1984 Letter to Board of Health from D.J. Lynch, P.E. RE: Sanitary Waste Facilities-Winter Island Requesting a hearing for the February Board of Health agenda for submittal and approval of a sanitary disposal system. Feb. 2, 1984 letter to Mr. Patrick F. Scanlan, Chairman from Health Agent RE: Requesting a hearing; before the Board at their February 1984 meeting. (For Daniel J. lynch) Feb. 15, 1984 Agenda: Tuesday, February 21 , 1984' Minutes: Tuesday, February 21 , 1984 Feb. 15, 1984 Letter to Health Agent from Sallie W. Cass and Katherine M. Klein enclosing a list of signitures of Salem residents collected the weekend of February 15, 1984 Feb. 15, 1984 Letter to D.J. Lynch, from Health Agent RE: Enclosing a correspondence in regard to Salem Sound Develop- went Corporation's proposed individual sewage disposal system received February 13, 1984 from the City Solicitor. Feb. 20, 1984 Letter to Salem Board of Health from D.J. Lynch RE; Sanitary Waste Disposal Facilities: Winter Island Marina Requesting approval under title V and all applicable City of Salem rules and regulations. Feb. 22, 1984 Letter to Michael E. O'Brien, Esq. from 14ealth Agent RE: ,Advising that the regular meeting on February 21, 1984 the Salem Board of Health voted NOT to take up the matter of the Winter Island Marina. i Feb. 22, 1984 Letter to the Health Agent from Timothy J. O'Keefe dated Feb. 22,1981 Feb, 29, 1984 Letter to Timothy O'Keefe, Esq. regarding hes request of Feb. 22, 1984 letter from Health Agent from Health Agent. March 2; 1984 Letter to Timothy J. O'Keefe, Esq. from Health Agent Re: Enclosing the following correspondence: 1. Letter from Mrs. Jean M. Rochna to Phillip H. Saindon expressing opposition to request for a new septic sewerage system on Winter Island dated January 17, 1984 2. Letter from Michael E. O'Brien, City Solicitor to Salem Board of Health expressing hes opinions, dated Feb. 10, 1984 3. Letter from Councillor George A. Nowak to Health Agent stating all requests be forwarded to City Solicitor, dated Jan. 17,1984 4. Exerpt from Salem Board of Health meeting held on February 21 , 1984 March 9, 1984 Salem Evening News article: Handicapped Travel Club threatening to hold their annual gathering elsewhere. March 19, 1984 Request for review comments: Special Permit to Board of Health RE: Eastern Sea Boards/City of Salem Winter Island Commission June 5, 1984 Letter to D.J. Lymch from William A. Krol, P.E. RE: Approval of holding tank, Salem Sound Development Corp. June 11, 1984 Letter to Board of Health RE Subsurface Disposal of Sanitary Waste Winter Island Marina - Salem Sound Development 4 iAgeud, : lunnia1' , jam 17, NMI M.inuunn: Tueuday, June 19, 198/. June 20, 1984 Letter to Michael. O'Brien from Health Agent , RE: Winter Island Marina Results of vote taken at the meetin of June 19, 1984 II' ' July 24, 1984 Agenda: Tuesday, July 24, 1984 Minutes: Tuesday, July 24, 1984 June 27, 1984 Letter to Health Department RE: Winter Island Marina Proposal t I j I I j Ay cartify that tha structu«a(s) sho..n is (aro) locstad as endicatad and 'A'-7• confo.m to tha zoning ty favus oi'r7Ai.cn.t MA. at tha tuna of C'onr:r —91 Thr prcpertr shown'Cbts Aei. lia 'n a F{ood ){aaard Atea at dai.ned by H U D. ttlL AccA - i5oa S.v } Coktu�utr�f No. 2�aa,oz� . i t}rtK �?t2t = f,�$1 �A n't+*t �NIYIAl1•D'S7 .�Et'frcnJC}au.a Is i7-t7 rAICyC Id + ftp. d t9 83 jos i \ Of r f 4 IT: ,-_ M t - 1 1t f 1 1k�` ar7 Jr �V�^' 05�"' r � b ti{'. 4 - 17 9L N vwr " N /Jsq•J �4 $ f' ..+t` u LL CH w �+ ) '., g=et_, � .• ..\ _ ylc;-"—_...�. \\` 7 � rfDAMe7GMtxc Stt. (DO LCGYit �j � iZaAw6w'CeA L,04 fa V.4 a MA iS4FNCI.9, M/Si� vt.t7U2 5 _ f •- ,.t,ttF.sKr. l lza.cr r a ,s jTrif. �rs - .. — -•r•• ., FS.A�p4tmczy t.4r.1C1.5ALC" MA rate ' IJ,FLtwN, (No hcbt �. _ . ..._.-_ ._ ... l Q { Cm I t1 ',k�'rrns y.• One §-Item (6ceen C E ED, REQUEST FOR REVIEW COZfHENTS OC, ) 8 1983 C11 OF SA Wil,A4 SPECIAL PER -MITF CALTH DEPT. DATE: October 18, 1983 TO: ( ) Building Inspector ( ) Conservation Commission { ) City Engineer ( } Other:. { t-'� 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 form below and returning it to us. Notice of the public hearing for this application will be forwarded to you. ( x } WETLANDS & FLOOD HAZARD DISTRICTS ( ) CLUSTER DEVELOPMENT ( } PLeiNNED UNIT DEVELOPMENT APPLICANT: Salem sound Development Co. PROJECT NATE & ADRESS: Winter Island Marina--Winter Island, Salem CONTACT PERSONS AND PHONE: Applicant: Daniel Lynch City: Marblehead, MA. 631-6145 COA&BENTS DUE BY: November 1, 1983 (Failure to comment within 35 days shall be deeWed lack of opposition.), (XX) Concur with proposal (Explain on reverse side) ( } Need more information (Explain on reverse side) ( ) Cannot concur with proposal (Explain on reverse side) ft) Comments included Health Anent October 2$ 1983 REVIEWER'S SIGNATURE TITLE DATE - At this time the Health Department has not received a proposed individual sewage disposal system design. Soil testing conducted thus far did not fall within 100' buffer zone. i i j t1Ct. 17 , 1 83 I� Salem Planning Board One Salem Green Att : Dale Yale . Clerk Re : Pronosed grin: and support 51ri9, inter Island .'1 ese find attached ,the following { with aonlicati.on } I Exibit "A" Proposed 14arina and Support Bldg. 1 "=5r0t Exibit 'B" List of annropriate licensing agencies Exibit "C" Board of Appeals decision under , separate cover I Exibit "D" Dept of Housing and Urban Development flood hazard determination excerpt. TY, I D. .Lync P.S. ! i I !, i CITY OF SALEM rfASSnCuuSr.CTS - APPLICATION SPECIAL PERMIT B3 [ICT 1 s PI '.? ' WETLANDS AND FLOOD HAZARD DISTRICTS Applicant: Salem Sound Developement Corp. St. ; Salem,g Address: Congress 23 Con St. SalMA 01970 1City Clerk stamp Telephone: 745-2415 Owner: City of Salem, c/o Winter Island Commission Address One Salem Green; Salem, MA 01970 Location of Property: Winter Island Project Description: Construction and Maintainanee of Marina Facility i • r I. It has been determined by the Building Inspector that the above property lies in the following area(s) : A. Wetlands District Wetlands (X ) Buffer Zone ( X) i i B.• Flood Hazard District i Zone A ( ) Zone A3 ( x ) 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 existing 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. See Exhibit "A" -2- 11. 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. NA 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 4_ : _. . uplift forces, and other factors associated with the base flood. Where specific methods or techniques have been previously certi- fied, the Planning Board may pp waive this requirement. NA d D. A list of Federal, Statt'Xhibit bTTg local permits required by the applicant. E. Descriptions relative to all conditions applicable in Section III i below. III. Conditions (Complete those sections indicated (x) by the Building Inspector) i 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) : I A. All Districts: j I (X) 1. The proposed use will comply in all respects to the uses and provisions of the underlying Distri t i whhii h th��find is located. Yes No X eeXhi�bit (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. No change in water bodies or runoff I i 1i J �. 3 3. Utilities, including gas, electrictity, fuel, wktter, ;uid sewage disposal, shall be located and constructed so as to protect against breaking, leaking, shorteircuiting, grounding or igniting or any other damage due to flooding. (Provide details) All utilities installation and material as per local codes and City of Salem Harbor installations. - E II' i) (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. No effects with respect to flood flow, flood storage ground water levels etc. or any of above mentioned phenomena. i All construction on.piles and floats to eliminate the necessity of adding or subtracting from existing environment B. Wetlands District: ( ) 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.) I Z. The floor level of areas to be occupied by human beings as living or work space shall be [our (4) feet ormore above the seasonal high water table. ( ) 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 ( ) i ( ) 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 I Does not apply ( ) C. Flood Hazard District (all zones) : ( ) 1. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for residential uses shall be at or above the 100 year. flood level. I ( ) 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 thestructure is watertight and that structural components have the capability of resisting hydrostatic and hydrodynamic loads and the effects of bouyancy. I � i I D. Flood Hazard i)LtatrLct Coastal high Hazard Area ("Lone V1) ( } 1. New structures or substantial improvements shall be located landward of the reach of Mean lligh Tide. i { ) 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) i }i { ) 3. The support of new structures or substantial improvements shall not be, in whole or in part, by the use of fill. (Provide details) , i i 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 in€ormatioh .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 i 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 qf eds, of the wet- land or flood hazard conditions associapremises and the steps undertaken by the petitioner or hn title o alleviate the effects of same. Ly ch, P. E. Signed WM. H. Kelley Title Principal i Date Oct. 17, 1983 � I i f � I i II � i ; i i \NIIA, J. 1,1 NCII .10 i... %I.' I. hp.... 1114'.; - LNG IN ICfiR INN R CON4'1RU( TION 31011.9 t Exiblt "Bu ii Applicable Federal, State and wcol agencies Permits a . ) Commonwealth of Mass. DEQI-7 b. ) U . S. Army, Corps of ing 4eers C . ) City of :alem - PlanninE Doard - Conservation Commission - Board of Appeals - City engineer - Health Dept. - Inspector of ruildings - Waterways ;Advisory - Winter Island Commission I � i, I i L:XIi�I`I' ITC if lJIr�1 Uf �7-� uil`_,S�IL��LI��It�•�� Y -q P2 '.3� U)Irb of cAppv `f F SAIL`•' DEC1S10N ON 'ritL PETITION OF SALEM SOUND DEVELOPMENT CORP. FOR A SPECIAL PERMIT FOR A PARCEL OF LAND ON WINTER ISLAND A hearing on this petition was held on April 28, 1982 with the following Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, LaBrecque and Fe::herry and Associate Tieimber Luzinskd. Notice of the hearing was sent to ahutters and others and notices of the hearing were properly published in the Sales Evening News in accordance with Massachusetts General Laws Chapter 40A. The Petitioner has requested a Special Permit to use a portion of Winter Island as a marina with not more than 208 slips. In addition, Petitioner proposes to construct a 30' x 40' marina support building at the site in question. The property in question is in an R-C Zoning District. The Special Permit which has been requested may therefore be granted upon a finding by the Board of Appeal, that the grant of the Special Permit will promote the health, safety, convenience a::•! welfare of the City's inhabitants. The Board of Appeal, after considering the evidence presented at the hearing, and after viewing the property, makes the following findings of fact: 1) The proposed use of the property is supported by the Winter Island Commission. 2) The proposed use of the property will provide additional security for the area and will result in an improvement in the area. 3) The proposed use of the property will not limit public access to Winter Island. In fact, revenue from the Petitioner's lease with the City may generate income that will promote public use of Winter Island. On the basis of the above findings of fact and on the evidence presented at the public hearing, the Board of Appeal concluded unanimously that the proposed usa will promote the health, safety, convenience, and welfare of the City` s inhabitants and that the proposed use is in harmony with the Toning Ordinance. Accordingly, the. Board unanimously voted in favor of granting a Special Permit to the Petitioner, The Special Permit is therefore granted in accordance with the following terms and conditions: 1) The Petitioner may use an area on Winter Island, that will be defined by the terms of a lease between the Petitioner and the City, for use as a marina with not more than 208 slips. In . ... . .. ... ..._.._ _... . 'j .C1SION - SALE:M SOUND I)EVE .OPMENT CORP. FOR SPECIAL ! Fi `11'1 FOR A PARCEL. OF LAN ) ON NlN'i'Fi) ISLAND Pa,,e 2 addition, Petitioner may construct a 30' a 40' marina support building at the site in accordance with plans submitted to the Board. 2) The Petitioner' s use of the area in question is conditioned upon the execution of a lease with the City. In the event that no such lease is executed, this Special Permit shall be null and void. 3) Petitioner will comply with all applicable Fire Safety Codes prior to commencing the operation of hi.s. marina. I 4) Petitioner's use of the marina support building shall be limited to use as an office, shower and laundromat and for the storage of marina equipment. 5) Petitioner shall sell no food at the site in question nor shall Petitioner sell gasoline, store gasoline or sell boats at the facility. 6) Petitioner will, together with the Winter Island Commission, agree on 'a plan _to give Salem residents priority for the marina slips. j If no such agreement tan be reached this Board will order such a plan for the marina's use. 7) Petitioner. may store no more than four boats at the site and these: boats must be owned or operated by the Petitioner. / Anthony M. Feehdrr,y,,' Secretary Ti 17 cr r:i CC.;t1 ^7 .:PrZK COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK. i i, HARBOR BEVERLY i Salem Neck ZONE V3 (EL I I' MSL) 3175177 ZONE C ZONE B �� d' ZONE B F<< 0 r ZONE C I ZONE A3 COVE tELtt'MSL) _ .`:'..i ZONE V3 ZONE 3115n7 (E 371S777 L) i 4� ZONE A3 WINTER tE 3115777 L) p ISLAND2, N z ! ZONE B THIS MAP IS FOR 1 SURANCE PURPOSES ONLY AND DES NOT SHOW ALL PLANIMETRI INFORM- am& stet i ATION OUTSIDE OF SPECIAL ZONE V3 FLOOD HAZARD AREAS. (EL I 3115n7 Li d i �@ ZONE C i is ("A" P Ice On III C /00 AKu_WVLaie11; 02202 MICHAEL S. DUKAKIS G,3qcANOa JAMES S. HOYTE SECRETARY CERTIFICATE OF THE SECRETARY OF EINIVIROZ�[ENTAL AFFAIRS ON E`iVIRONNEZ4-LAL NOTIFIC,\TION FORt PROJECT NAME Winter Island Marina PROJECT LOCATION : Salen EOEA NMBER : 5007 PROJECT PROPONENT Salem Sound Development Corporation 07y LTH SALEM HEADEPT. DATE NOTICED IN :[O\T . ITOR: November 23, I- S3 Pursuant to H.G.L. , Chapter 30, Section 62,1, and 10.04(9) of the Regulations Governing the Implementation of the Massachusetts Environmental Policy Act. I hereby determine that the above referenced project does not require an Environmental Impact Report. The proponents have filed with regulatory agencies a second plan proposing that 150 goring sites be allowed 4n the area between the NavagaLiorx Channel and Winter Island. That area includes tae same area proposed for the marina. It is understood that the roaring plan will be modified to eliainate the Marina site and all areas needed for access. Tile current marina proposal has been allocated only 90 parkin_; spaces by the Winter Island Co=nission- This will orobablv reef tneUa7f:I -d for the 150 slips under averace conditions . n' GeMa.. but Drobsblv wiil nc-z meet the demands on peak use days. (i . e. 4th of ju-- y ,and Lnbor Day. ) Thle peak de=and on such days at the park wo---ld also include the demand for the restauTanz, ror wor.e*,s at the refurbished hanzer, for individuals with cars and trailers who have used the on-site boat launching ramp, for individual_ enjoying the marine sire fcr picnicking , recreati-n or visitilj� the nistor,:. site, eE--. , as well -.+ for those individuals using the publ:c beach. 'i � .[ - - b-,!`11US th3t Use Of marina for --ccess to the 150 proposed noorin� or to the 375 exiszin, pernitted Sizes Would overtn: the r,resent available parking aL the park ( 150 to 110 spaces).. consecluta:111V has that access to tae 700-Ing Site ut iI i.ze five other Saien and >!arblchead sites , but not the hinter Island :l;.rina. If the hinter island "arina should be considered for such access in the future. MEPA should be notified of a project change under `[FPA Regulation 10. 16. UThile I have considered that boaters would not b� parking remote from the ?farina in the adjacent picnickers or ;wimr._ers cay be so inclir.ed- I recommend that the [:inter Island Commission review the assignment of on-island 'parking spaces to assure that all the planned development does not necessitate street- side parking on the neighboring streets- DFQE has reviewed the seg-surface disposal olar.s, ;.0 concluded that ther _rdic_te .;:at Title 5 requireacnts will b.2 met. = December 27 , 1953 DATE / Ms S. JSH/DS/dc (1,(111: , J. t,l .�(,Nif ry21O R4. r. r. urd1N...A, Mw.., AI44S — i.NGINECHM : A C*/N STIR(43.1(1N 63 1-6143 Nov, 6, 1983 To ' hom It May Concern As of this date, this office is not responsible for the use and/or information on any plans beelring the Registration of Drniel J. Lynch, P:E. unless signed in the original. This applies to all documents whereon the affixing of the registration seal or license no, is required. This ,notice is not meant to reflect on any party but 4. h a policy of this office. 1� .i 1P�.E. I .IU A'n«liuu =• "i.. NI,�,td�.b...�d. H..-.. OIOM1; .. I-.h(ANIJ UIIAC A 1.11 N'4 1'8071'WIN 1.:11-G 1 Ar, i Jan. 6, 1984 Mr, Robt. Blenkhorn Health Agent City of Salem 9 North St. Salem, MA 01970 Dear Sir: Re: Sanitary ',iaste Disposal Minter Island Marina Persuant to our agreement and my conversation with Mir. Fair today; we are holding open and will appear at your Board meeting on the 77th of this month for approval of the above mentioned system. We shall at this time present to you Commonwealth of I4ass. Dept, of Environmehtal Quality Fn-lineering approval of our design as Nrour requested prerequisite at our meeting in your office Friday Dec 16th 19$3. In keening with our lease agreement for the prompt and expedi- tious resolution of the apnlicable permit processes by L!te various agencies , ; we ask for vour cooperation in this matter If for any reason there is a change in time or a misunder- standing of the above date =., al-reed upon please notify this office or I•4r. Kellev at 711.1,-`127 immediately. mours, ch, P.E for .4ii,... 3u1JA :') i 1 ANINONY D. CORIES E, S,.D. - C.—mm;.n" 717.5194 January 9, 19£34 935-2160 Daniel J . Lynch, P.E. •• -•a RF: SALEM - Subsurtace Sewage 210 Washington Street Disposal System Marblehead, MA 01945 HE.at.'fH `DLrTt Salem Sound Developmenr Corp. Winter Island Marina Support Building Gentlemen: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Quality Engineering acknowledges receipt of your letter, dated December 16, 1983, requesting a review by the Department of a proposed subsurface sewage disposal system plan to service the subject facility. The plan consists of one sheet which is titled: Salem Sound Development Corp. Proposed Sanitary Leaching Facilities Winter Island Marina Date: Decmeber 15, 1983 Scale: As noted Engineer: D.J. Lynch, P.E. An engineer of the Department has reviewed the plan and it is the opinion of the Department that the plan is in conformance with the provisions of 310 CMR 15.00 (Title 5) of the State Environmental Code. If additional information is required, contact 'Phomas F. Clougherty at the above noted address or at 935-2160. Very truly yours, William A. Krol, P.E. Deputy Kegional. Environmental Engineer WAK/TFC/mes cc : Salem Board of Health, One Broad St . , Salem, MA 01970 Av - w OI` IIKA1,111 1)Hi PAICl'AU{N'l' IIOA1 1) OF ItI;A1,11f Sit lt.fn, :N1 un;;;it r l u Is C t t s 01`.170 ROBERT E. BL,ENKHOR14 4 NORTH STRP!-;-J IICALnI AGCNI I61 r1 to 1.t000 JANUARY 12 , 1984 AGENDA i Tuesday - January 17 , 1984 1 . Called to Order 7: 30 P.M: I1 . MINUTES OF TUE PREVIOUS MEETING ATTACHED (December 6th Budget Meeting) MINUTES OF THE PREVIOUS MEETING ATTACHED (December 13, 1983) III , UNFINISHED BUSINESS A. The Fafard Proposal Highland Avenue Letter sent to planning board 12/15/83 IV. NEW BUSINESS A. Project Rap Letter dated January 6, 1984 B. Pickman Park Subdivision RE: Planning Board Request For Review of Comments C. Sanitary Waste Disposal Winter Qland Marina 1. Letter dated January 6, 1984, Daniel J. Lynch, P.E. 1 2. Letter dated January 9, 1984 from Commonwealth, I1.E.Q.H.- RE: 3. Letter from Commonwealth of Massachusetts RE: Winter Island Marina; Salem Sound Development Corporation' !). lliy�hland Avenue Drainage 1.. letter dated January 10, 1984, Louis C. Mroz E. Water ?lain Break, Sultan Water System Letter Jared January 1, 14H4 , Mr. Thomas W. Fl owlt.,,n, Su,pvrfutrnd.wnt tit 1;nirm and flrt•rrty tJai .'r 'supply Board . s+ V . :4uidlll Ll' Itia'�iiCPtl ��F !!ha'AHI'f4 P.t+'I' VI , rv0111 :1/i'C1ON AND I':I.I!CI' !(I;,i i I CLERK OV fill, BOARD i CHAIRMAN OF ME WARD i VIl . o'rm R Busi ,,Ss VILi . ADJOURNMENT FOR THE BOARD OF HEALTH BERT E. BLENKHORN �{ HEALTH AGENT i l lr I A regular meeting of the Board of Ilea ] th was field at 9 North Street on Tuesday January 17 , 1984 at 7 : 30 P .M. Present at the meeYtirnl were Peter Sainden , Chairman and Members Bob Bonin , Patrick Scanlon , Dr. Eric Reines, and Health Agent Robert Blenkhorn also present were Councilor Lenny O' Leary, Charles Fredricksen , Planning Board , Mr . DIBiase , Carl Bosnic , Engineer for DIBiase Proposal , Attorney Peter Beatrice, Joan Mikula , Project Rap, Jack Jerdan, Project Rap, Mr: Lynch , Salem Sound Development ,Mr Moore , Mr . Kelly , Mr . & Mrs . Pierce , Mr. Hobbs , Ann Dominic , V. N . A.. CALL MEETING TO ORDER AT 7 : 30 P . M. Peter Saindon, Chairman amended the minutes Of the previous meeting as requested,- MINUTES OF THE PREVIOUS : 1EE ZING,:. , On a Motion of Patrick Scanlon, seconded by Dr. Reines it was voted to accept the minutes of the previous meeting. All in Favor . UNFINISHED BUSINESS In reference to a letter of December 15 , 1983 sent to the Planning Beard from Health Agent Blenkhorn regarding the Fafard Company Issue, The Board concurs with the proposal providing it meets with all requirements of the Local Board of Health and the State Department of Public Health, Letter accepted as a Flatter of Information . PICKMAN PARK SUBDIVISION Attorney Beatrice gave br .ef summary of project (Sp6bial Permit 204 ) said project was approved in 1977 by the Planning 'Board but the Economy was bad sr.d couldn ' t built . They had to resubmit proposal . Received Renewal in AugUst 1983. Filed for subdivision coming up for public hearing. Restrictions on Special Pr,rmit are : the snwo. Have met with the Planning Board mr:ny times for a > to 3 year period . �. Sewerage system will take sufficient water" thin and now, No 'Cost On city all ma.int�% i.nod by ntirremrnl (plowinq , , Rubbish rollllval ) this is n part 1)f itl(}tI1Vt !i Yiln c'!>nt t ,, l Acros Oonal",,d Lo t'(,nscrvat ktrll-. I,ifuitod illi!,) 114111 !: .1 1'x'•11 ro HIGHLAND AVENUE DRA1NAGh.__,_ t Health Agent. Blenkhorn explainod issue to the Chairman , and read letter from Louis C. Mroz , Director Cons& tient Services aloud . Much Discussion Took Place . On a Motion of Dr . Reines seconded by Patrick Scanlon , it was voted that before site development can start this problem has to be corrected. WATER MAIN BREAK, SALEM WA'T'ER SYSTEM i I Accepted as Informational MONTHLY REPORTS Accepted as Informational NOMINATION AND ELECTION On a Motion of Bob Bonin, seconded by . Dr. Reines it was voted to appoint Karen McClory as CLERK OF THE BOARD. Everyone in favor . Bob Bonin nominated Patrick Scanlon to be CHAIRMAN OF THE BOARD, I seconded by Dr. Reines . .All in favor. Accepted . MEETING ADJOURNED AT 10 : 30 P .M.' Respect €ully submitted , Karen J . Mcelory I �:-__•,, C�itfit ui `:';tlrut, t��;t��l_;;trlttt�-lrfil.:1 ilil I�nll Nit, IPA v^IdtUl s,pl P.I l.11,l,l.iO sTFPIIrN P. LOVELY 19133 COUNCILLORS-AT-LARGE PRE 5I GE NT 1963 JOSEPHINE R- FUSCO GEORGI: A. NOWAH JOHN F NESTOR, Iii JOSEPH M, CENTORINO CITY CLERK STERNEN P_ l,py[I y JOIN J. G(ARCH FRANCES J. GRACE BRIAN TO•KEE FE JEAN-GUY J. MARTINLAU . JAMES M. fLEMkNG JEAN MARIE ROCHNA JOHN R, NUTTING Januar 17, 1964 j RECEIVED Mr. Philip H. Saindon, Chairman JAN 17 142 Board of Health a Salem, MA. 01970 „ ,H _[per r. Dear Chairman and Members of the Board: I would like to ask the Board of Health to deny the request of Saleri Sound Develocment for a new septic sewerage system on Winter Island. I would further ask the Board to request a legal opinion from the ` City Solicitor. I thank, the Board for all their assistance in the past. Very truly yours, q ~`JGE rE1. NONAK 00MCILLOR NAM ME Uhl til it, ' U,ljliiI' ul Htr :ilii llututiil WARD COUNCILLORS JEAN MARIE ROCHNA 1904 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A. NOWAK 1984 JOSEPHINE R. FUSCO STANLEY J. USOvlC2. JR. JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY LEONARD F. O'LEARY FRANCES J. GRACE /� JEAN.G IIY J. MARTINEAU JEAN MARIE ROCHNA 84 GEORGE P. MCCARE RICHARD E. SWINIUJanuary 17, 19CH 84 JOHN R. NUTTING Ir F RECEIVED JAN 17 190A Mr. Philip H. Saindon, Chairman CI If OF SALEM Board of Health - HEALTH DEPT. 10 Lyme Street Salem, Mass. 01970 p' s ladies and Gentlemen of the Board: Please be advised that I am opposed to the request of the Salem Sound Development for a new septic sewerage system on Winter Island. Thank you for your consideration in this matter. Very truly yours, �'� IE I�JrIA Cl7IJNCIL PRESIDENT JMR/jl CITY OF SALEM HEALTH DEPARTMENT BOAPD OF HEALTH cialom, Massachusetts 01970 ROnERT E. BLENKHORN v t )RiFi yl t2AEi HUA01i AGEN1 (617) 741 1800 January 19, 1984 Michael E. O'Brien, Esq. City Solicitor City Hall Salem, Massachusetts .01970 Dear Attorney O'Brient The Salem Board of Health would appreciate legal assistance regarding the request-,of -Salem Sound Development to installs. new septic sewerage system on Winter Island. Enclosed is a copy of City Councillor George A. Nowak's letter asking the Board to deny this request and further requesting the Board to contact you. In addition, enclosed is a letter dated January 17, 1984 from Council President Mrs. Jean Marie Rochna expressing her opposition to this proposed septic sewerage system. Please be advised that the Board did not approve the Design Plan for the Sanitary Waste Disposal System because it did not conform with the minimum requirements for Subsurface Disposal of Sanitary Sewage with the Provisions of Title S of the State Environmental Code. Thank you for your cooperation. Very truly yours, FOR/THHEE. BOARD OF HEALTH ROBERT ROBERT E. BLENKHORN HEALTH AGENT REB/P, cc: Mayor Anthony V. Salvo Planning Board Council President Rochna Daniel J. Lynch, P.E. City Councillor Nowak 210 Washington St , W head Winter Island Commission i encs. ' «i❑ rig."0. ..... r"' 1t,i+-6 Ldu-��d. ]t..n_ oi4l — 1-:N1,;6N 6:6111M. A GU:N.7JMi(XION January 31 , 1981, Salem Board of Health Nine North Street Salem, MA 01979 Attention: Mr. Patrick Scanlan, Chairman I ts: Sanitary Waste Facilities — Winter Island Salem Sound Development, Lessee Dear Mr. Scanlan: We request a hearing for the February Board of Health agenda for submittal and approval-of a,.sanitarydisposal system under Pl,5-18 or Title V of the State Sanitary Code "113iscellaneous Disposal." A DEQE approved copy of the proposed plan is attached hereto and includes lay– tly tloat pump-out facility for boats. I yours, Lynch, P. . cal 'i Y .... . __........ CITY OF SALEM HEALrH DEPARTMENT BOARD 06 HEAL -111 Salm, Masnarhu:ni(s 01970 ROBERT E. BLENKNORN .Ekti. 1 ` HLALTH AGENT Fahruary ? , 1984 (617) 741-1800 I Mr. Patrick F. Scanlan, Chairman Salem Board of Health c/o 17 Dunlap Street Salem, Massachusetts 01970 Dear Pat: Enclosed is a letter from Daniel J. Lynch, P.E. requesting a hearing, i before the Board at their February 1984 meeting and also enclosing his proposed plans relative to Sanitary Waste Facilities — Winter Island Salem Sound Development. I have retained the blueprints/plans in the office for review, Very truly yours, FOR THE BOARD OF HEALTH vo1�= ROBERT E. BLENYH0R1%1 HEALTH AGENT REB/g j I encl. a� J) nrrvr 'Y4 4 1 r0/NM[�r MICHAEL E. O'BRIEN CITY OF SALEM CITY SOLICITOR MASSACHUSETTS MARY P, HARRING TON 93 WASHINGTON STREET ASSISTANT CITY SOLICITOR and 93 WASHINGTON STREET 187 FEDERAL STREET and - SALEM, MA 01970 59 FEDERAL STREET 745-4311 SALEM,MA 01970 7443363 744-0350 ! Please Reply to 187 Federal Street Please Reply to 59 Federal Street l February 10, 1984 City of Salem Health Department Hoard of Health 9 North Street Salem, Massachusetts 01970 I Attention: Robert E. Blenkhorn, Health Agent Re: Salem Sound Development Corporation Winter Island Septic Sewerage,System Dear Mr. Blenkhornn pursuant to the request of the Board of Health and Councillor George A. Nowak conveyed to me- by letter of January 8, 1984 , I am pleased to respond. to the inquiry as follows : I. The petitioner, Salem Sound Development Corporation, pre- sumes to derive authority to install a new and separate sewerage system under lease dated July 7 , 1983 executed by the immediate past mayor of this city calling for commerical use of Winter Island by Salem Sound Development Corporation. The order of the city coun- cil for the .approval of this lease came before the city council on June,. 9, 1983 where, after discussion, the record reflects the coun- cil votRd six (6) yeas and fj -re (S) nays to lease the area in ques- tion .for a twenty (20) - year period to. Salem :Sound Corporation. The record further reflects that the president of the council declared that the vote did not pass as it required a 2J3rds vote (8) and a councillor served notice of reconsideration at the next regular meet- ing of the city council. The records of the next council meeting re- flect that the matter was not acted on and the vote stood as orig- inally voted and declared. Massachusetts General Laws' .Chapter 4.0, Section 3 gives authority to the city council of a city •,to enter into leases. According to the Salem Code of Ordinances Section .3, Appendix A "The president (of a city council) . . . , shall decide all questions of order, subject to an appeal to the council by motion : •---- regularly seconded .. " . Section 3 further states "He (the presi- den4 shall declare all votes" . Cushing 's Manual of Parliamentary Practice, -Sec. 154 , (John C. Winston Co. , copyright 1947) which gov- erns the rules of the city council (Salem Code of Ordinances Section j' 34 , Appendix A) providu,s for the specific meulodi ; t,t 'tppenlu,y a decision of the chair . while Cushing ' s Manual holds that , p, o- position is carried by a majority of votes cast (Sec . 24a) it qualified this general principle and holds that particular pro- positions may require a greater number than a majority to carry (Sec. 25) . In the instant vote, it is my opinion that since the ruling of the chair was not appealed and the vote declaring the matter of the lease as defeated is reflected upon the official records of the city council, the purported lease is invalid . II . My study in the preparation of this opinion required some in-depth research . I obtained from the records of the Essex South District Registry of Deeds the instrument by which the City of Salem obtained what is now Winter Island. The deed runs from the United States of America to the City of Salem which includes the areas sought to be leased and on which the sewerage system and support buildings would be placed. Certain rights reserved in this instru- ment by which the federal government had the right to resume control of the property were released. by the United States of America by instrument dated August 10, 1973 and recorded in Book 6013 , Page 576 of the aforementioned Registry of Deeds . The most significant part of the original deed to the city is that it recites that the land was deeded to the city "for perpetual use as a ublic park or other- public use" . By the acceptance o this instrument, it is my opinion that the City of Salem is obligated to use the property as dictated-,by the--terms of the instrument and for no other use . The case law- of our Commonwealth has held that the verbiage "for per- petual use as . a public park or other use"makes the land subject to a charitable trust requiring that . the land be used only for the pur- poses of a public park. By a strange coincidence, the leading case espousing this doctrine is Salem v Attorney General, 344 Mass 626 (1962) which dealt with the attempted use of Mack Park for public school purposes . ordinarily, by statute, legislative approbation is required to change the use of land acquired for one purpose and to which another use is proposed (Article 49. as appears in Article 97 of the Amendments to the Constitution of the Commonwealth of Mass- achusetts) . This amendment requires a two-thirds (2/3rds) vote of each branch of the Great and General Court to change the use of any land held for park purposes . However, even if such a vote of the legislature were obtained, it is duubtful if the use of the land in question could be legally changed because of the word "perpetual" in the original instrument. Such would conflict the contract clause (Article 1, Sec . 10) of the United States Constitution. III . I have also considered the contract between the Plummer Home for Boys and the City of Salem. This agreement is dated August 27,1980 and signed by the immediate past mayor and chairman of the Trustees of the Plummer Home for Boys . The agreement was authorized by a vote of the city council (10 yeas , 0 _nays$ 1 absent) whereby the parties to the contract agreed that "no commercial activity shall be permitted on the property except a municipally-operated marina , snack bar or gift shop . " . The agreement further provided that it could only be amended or modified by a "two-thirds" vote of all the members of the city council . I can find no amendment, cancella- tion or termination of this agreement. The only thing remotely t - 2. - k I r.=remhl i.ng an attempted anrendiztent is the vote of: the lease OI ,luny 9 , 19£33 which on its Pace was defeated and which would ha I (.gl.lir- ed a two- thirds affirmative vote according to the August. 27 , 1980 agreement. In summary , it is my opinion that Salem Sound Corporation has- no asno standing before the Salem Board of Health based upon the reasons heretofore enumerated. I trust the foregoing will be satisfactory to your request and I trust that the Board of Health will take whatever action it deems appropriate under the circumstances . ,,R spe tfully submitted, Yichael E. O'Brien City Solicitor MEO/7p cc: Anthony V. Salvo, Mayor George A.. Nowak i i, �i 3 - M LNUTEN UP' rc:b:,M f /I , 1'901 BUiJiU UY Hi..'kUDI Calir meeting of the Board of Health was held at 9 north Meet, on . .w. !-y rebruary 21, 19£4 at 7100 P.M. irebent at the meeting were . .. ,,:•ie': Scanlon, chairman and Members Bob Bonin, Peter saindon, ur. Eric : nIn :i and Health Agent Hobert blenkhorn. h1so priuent were councilor Lenny Wary, Charles Weclricksen, Planning Board, Ann Dominic, V.N.A. , and Richard ,:wnLon, Engineer .:;,LL :^ccTTr�G TO OhDriJ /:00 P.M. i;l:;iT S OF FREVIOUS N EETING On a Motion of Peter Sai.ndon seconded by 0r. Reines it wan voted to accept t o minutes of the previous meeting ! �_:;Til,Y hF1,ORTS a .i;.A; working towards improving.communications problems will keep posted. Lealth Agent Blenkhorn was inquiring about the draft agreement (contract) V.ii.A. should tut together regarding services that can.be provided znn Do_ninic wid she will check out the situation ACCEPTED AS INFORMATIONAL BUS N SS 42 WHARF ISSUE . th .-.gent Blenkhorn stated he still gets complaints of residue being flushed on Vack of resturant, he also stated he had not received any response, should a-vo soneth.ing done nest meeting. jAcussion Took Place Patrick Scanlon stated we should get in.touch with pros;ident of neighborhood arc":;, V discuss this issue. P " KA REPORTS kk.:; rick Scanlon inquiring about Resturant Inspection h .lth Agent Plenkhorn stated Board of Health strives to get 100 per cent •i'orc.4yce to code ;!:::;ion Took Place :: ;ck Scanlon asked Health Agent the coat for lormlt u;,!lil . . kln WI i :-�� . 'I`nF,r'; I irm I plar::; ind th"r .e ain . r. iIu ci :IL5 onpan ia ! Iy :i ,•,�r.ln,� n, %o I �, nirrni-ng a rusCHronL . Vary Linin 0"n ,"Wine , r . �.. Gcrnlon ".gale.( wc- should c,,nnirl,_1 inur"a; iny Cows , rct :;c s;hnuld koop in mind . !r; R•rines asked if these fees wcuo in nor budget? "„al.th Arent Blenkhorn stated. these fees go into general funds Accepted As Informational 1 " iT=P ISLAND i Patrick Scanlon stated that a letter received February 13 , 1984 `.l:om the City Solicitor, that it is the opinion of the City Solicitor that this issue has no standing before the Board of Health . Bob Bonin presented a Motion, seconded by Dr. Reines to withdraw item from the Agenda because it doesn ' t appear to be ripe for discussion due to the City Solicitor 's opinion. Applicants are not in favor of withdrawing application ?:trick Scanlon stated that this issue has no standing before . ha ' PcArd based on legal opinion, therefore application is not _:iiscussed . - Mti.on presented by Bob Bonin, seconded by Dr. Reines, To tho Sanitary haste Disposal Winter Toland Marina from the reason for this motion is that the item was not -e ".or 6iscussion based an the City Solicitor ' s Letter , received ruziry 13 , 1984 and that all further correspondence be referred i c Cii ,� Leval Council . I c Further Discussion Took Place. } I1Tn Favor of ^iot.ion. { FOR 5 FITNUTES f iCii 1h?v PARK SUBDIVISION luir.l(n; KA?dricksen gave brief summary of issue lchard S Onson answered any Question:,- the Ftu,'.ird had tegardl.11Ia EI 11'lil ln,l :it i.'Un , Sower and Drainage Capp(, i t `,7 , Water C pac.i t.y f i`r;!ne"t Probj ems h Va"l i n had written vrrit'icat ion ,If 31 Wawr Breaks in the 4 ai d tra't -tiny,• 1 '1711 , (This informaLinn was yiv-n to Mr . 1S„nin by ,liyy-hl . (Thip. in ! „t'maKoll 1:•att rr.cv• i ,.Iw fow t-1 „ city wit . I in(i void that the city -w- I WT recurds 1 i .r_h ,isucssion 'look Place. i 'Motion was presented by Bob Bonin, scconded by Patrick Scanlon: it was voted that the Board of health not concur with the proposal. escnt& by Mr . DI Biase because of CAP Ling water. , sewerage ano.. . ainvgQ problems in the immediate area , the inadequacy or the wrago system to handle additional flow, and because of the ;rreAt condition of the pumping st, t.i.on alluded to by Mr . Anthony cicnar .in an article in the north Shore Sunday dated January 29 , 084 , i The Motion was passed on a vote of 3 to 1 . A)bert Bonin; Patrick Scanlon and Peter Saindon ,All In Favor . Dr . Eric ,l, .Reines, Opposed. I ?'?ETI*NG ADJOURNED AT 9:30 P.M.' I I Raspoctfully submitted, '';!ren .3 . McClory f EXCERI'T FROM SALE14 BOARD OF HEALTH MEETING gFjj) ON FFRPUARY 21, 1984 I'ERTAINING '1'0 WINTER ISLAND WINTER ISLAND Patrick Scanlon stated that a letter received February 13, 19be from the City Solicitor,. that .it, is the opinion of the City Solicitor that this issue has no standing before the Board of Health. Bob Bonin presented a Motion, seconded by Dr. Reines .to withdraw itern'`from the Agenda because it doesn ' t appear to .be ripe for discussion due to the City Solicitor 's opinion. i Applicants are not in favor of withdrawing application r Patrick Scanlon stated that this issue has no standing before the Board based on legal opinion, therefore application is not being discussed. i Motion presented by Bob Bonin, seconded by Dr. Reines, To Remove the Sanitary Waste Disposal Winter rsland Marina tram the Agenda the reason for this motion is that the item was not ripe for discussion based on the. City Sol icit-o is Letter , received i Fobruary 13 , 1984 and that all further correspondence be referred to City Legal Council . ' 3 No Further Discussion Took Place. All In Favor of Motion. { r t �iI � FI i L1t11 tl{ �`;I �l•I11 , Ia��l':�';I;lt�lll,_-Il'� tE, 4, 1 , �'7 QJf[irr of Illy ��ii�i W.inui�il I d WARD COUNCILLORS .IPAN MARIE ROCHNA 1984 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A. NOWAK 1904 JOSEPHINE R. FUSCO STANLEY J. USOVICZ. JR, JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY LEONARD F. O'LEARY FRANCES J. GRACE ,,L., C JEAN-GUY J. MARTINEAU JEAN MARIE ROCHNA February 1S, 1984 GEORGE P. MCCARE RICHARD E. SWINIUCH JOHN R. NUTTING R J Mr. Robert E. Blenkhorn FEB 16 +.4 : Board of Health Salm, Mass. 01970 �14E�A OF i&DEEP�T. ',.. Dear Mr. Blenkhorn: With the recent legal opinion regarding Winter Island, your Board should not entertain any request regarding develognent on Winter Island. Any such requests should be forwarded to the City Solicitor, Michael O'Brien, for his opinion. V truly yours, GEORGE A. NCI-MK Ward 1 Councillor Gal 4/j 1 IIS PROPOSED WINTER ISLAND MARINA FEB A-5-"., !_--___ --_---' We, a_ .xesidents::_itf.the City of Salem , liming in close Proximity to the proposed development of a Marina on Winter Islands Salem, Mass. , would like to: go'on .reGord as being opposed to this development. FEB :' CATY OF SALEM HEAA TH DEPT. r G_ 4-rC /�. . C_ l • .: � �- , r c + X—C Ca..t . t t" L, - - r „ 4"t_.. _r'Z r' ' r. ;z PROPOSED WINTER ISLAND MARINA FEB 15 19,0 TkK18-SALVA 'HEALTH DEPT. We, as residents of the City of Salem, living in .close __. . proximity to the proposed development of a Marina on Winter Island Salem, Mass. , would like to go on record as being opposed to this development. .i AjC VAAa dl. _.._.._<' � l�'�lS-4_✓1%I:..fL✓.�!:��=t.rVL_ . ._ �./ ._ :/5 ._-11.� C.t..�.• - -�i`Y-`'-"'� .....__. ._ __ r 1 / { y � 1 1c . c�+�J� - ,,� . . e-7 s--:T- oo . � �:Cc��:�,,,,. _ !� i 3 � 24 . � �s 14 1 04 497 Arl z j 4 +y<;;ts- _.rs=_ -' IRllbll IAA IIiAA�wwi „v -. . - ,01 4 r r e . 7 - --' - _ ---O t7 I GSC _ R; ;y 4L ._._a-� .__� ._`, v�M. - lir-::__ rm-m� ........... . - t _- - Iry ---- i r w CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN February 15, 1984 9 NORTH STREET HEALTH AGENT (617) 741.1800 Daniel J. Lynch, P.E. 210 Washington Street Marblehead, Massachusetts 01945 Dear Mr. Lynch: I am enclosing a copy of correspondence in regard to Salem Sound Development Corporation's proposed individual sewage disposal system which I. received- from the City Solicitor after we met on Monday, February 13, 1984. As you will probably _summarize from the correspondence, I cannot assure you that`the will entertain a request for vari.ancgs .to Title V:of:the State Environmental Code nor subsequently authorize the issuance of -a disposal works construction permit. However," considering the design alternatives we discussed at our meeting, and if one is •to be considered, I believe that which affords the.greatest: deal of environmental protection is your suggestion that sanitary sewage .be split between two separate systems according to whether or not it con- tains..human waste, i.e. sanitary sewage from the sinks, washing machines and showers in the marina support building would be disposed via the sewage disposal system you originally proposed at the previous Board of Health Meeting and. sanitary sewage from the toilets in the marina support building and that from the boat pump-out station would he piped to a separate holding tank system. I would suggest that the holding tank system consist of two w0t¢ertight precast concrete septic tanks in series, H-20 if subject to vehicular loads. The first tank having a high water alarm with visual indicator. The second tank will serve as an overflow until the septage hauler ar- rives to pump the system. -1- To: Daniel J. Lynch, P.E. 210 Washington Street Marblehead, Massachusetts 01945 -2- If these sewage disposal systems are proposed, a request for the follow- ing variances must be made in writing along with the reasons therefore: 1. A Variance from 310 CMR 15.02_ (14) Type of System 2. A Variance from 310 CMR 15.02 (17) Construct#on in Fill If you have any further questions, please feel free to call this office. Very truly yours. EbR/THE- BOARD OF;HEALTH , ROBERT E. BLENRHORN HEALTH AGENT REB/g encl. cc: Mayor Anthony V. Salvo City Council President Mrs. Jean M. Rochna City Solicitor Michael E. O'Brien Salem Planning Board Winter Island Commission Salem Sound Development Corporation P.S. This matter has been placed on the Agenda for the next Salem Board of Health meeting scheduled for Tuesday, February 21, 1984 at 7:30 p.m. Meeting•will be held at Health .Department offices at. 9 North Street, Salem; 2nd floor. +4V a i '3 �a�4fN6 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E- BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 FEBRUARY 15, 1984 A G. E N D A Tuesday February 21, 1984 I. CALL TO ORDER 7:00 P.M. II. MINUTES OF THE PREVIOUS MEETING ATTACHED III. UNFINISHED BUSINESS A. Sanitary Waste. Facilities Winter Island (Time 7:30 P.M.) l.Lettet..sent_.to City Solicitor, dated January 19, 1984 _ RE: Requesting Legal Assistance Advising that the Board did no approve the Design Plan 2.Letter to-Patrick Scanlon, Chairman, dated January 31, 1984)/ RE: Requesting a Hearing for approval of a sanitary disposal system 3.Letter to Patrick Scanlon dated February 2, 1984 RE: Letter sent by Daniel J. Lynch, P.E. to the Board of Health 4.Letter to Health Department dated February 10, 1984,from City Solicitor RE: Salem Sound Development Corporation Winter Island Septic Sewerage System 5.Letter to Daniel J. Lynch, P.E. , dated Fibruary 15, 1984 RE: Salem Sound Development disposal system 6.List of Residents of the City of Salem, Opposed RE: Winter Island Marena B. Pickman Park Subdivision (Time 8:00 P.M.). 1.Letter sent to Planning Board, dated February 2, 1984 • ..: DI BLASE PROPOSAL Letter sent to Salem Planning Board RE: Salem Acres, Inc. 2. Letter dated January 26, 1984 RE: Salem Acres, Inc. IV. NEW BUSINESS A. Letter dated February 1, 1984, from Pickering Wharf RE: Modification of Area Rear Victoria Station Y. MONTHLY REPORTS OF DEPARTMENT VI. OTHER BUSINESS VII. ADJOURNMENT I f, I I r I s IIANII{I. J. LYNCH 110 Wn.h M'i o.. moi.. ML LI.hi.0 A, M"... 01945 — ENGINIAMINC & CONSTRII(AlON 631-6145 Feb. 20, 1464 FEB 21 1984 D CITY. OF SALEM HCALTI3 DEPT. Salem Board of Health Patrick Scanlon, Chairman o North St. Salem Re; Sanitary V.aste Disposal Facilities Piinter Island Karina Dear Sir; . , In accordance with your letter of Feb: 15, 1984 and the suggestions of your Mr. Blenkhorn; we respectfully request approval under title V and all applicable City of Salem rules and regulations as per our attached drawing amended this date. q1hitutes a variance under 310 CKR 15 .02 ( 14) and ( 17) . yours;Lett; r of 2-1 _81. It. : . Blenkhorn to writer e 5 ,y4 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT February 22, 1984 (617) 741.1800 Michael E. O'Brien, Esq. City Solicitor City Hall Salem, Massachusetts 01970, Dear Mr. O'Brien: Please be advised that at their regular meeting on February 21, 1984, the Salem Board. of Health VOTED not to take up the matter of the Winter island Marina, No further discussion took place at the meeting. Enclosed is a copy of a letter from D.J. Lynch', P.E. which was in -response to my letter of February 15, 1984. Mr._ Lynch's letter was presented at the Board of Health Meeting. All further inquiries, correspondence and information will be forwarded to the City Solicitor's office. Very truly yours, FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN HEALTH AGENT REB/g encl. cc Mayor Anthony V. Salvo City Council President, Mrs. .Jean M. Rochna City Councillor, George A. Nowak Wm. 11. Kelley, Principal, Salem Sound Development Corp. ,1► k' It Vtt }'. dd 1'.1y' iA QT1�. f; {.;P ii "--gp'�"p��-?(J ){f1 -� � f CF {ATTORNEYS AT LAW, INC �K�Y�C` " �!!l�) C (k A TEN CHESTNUT STREET �� F� On 84 PEABODY. MASSACHUSETTS 01960 JOHN E- MURPHY CITY TIMOTHY J. OKEEFE (617) 531-14 21 RYAN JOHN E. MURPHY,JR. 11 'l 11 JAMES F. RENNICK IN REPLY REFER TO JOHN R. KEILTY FILE NO. THOMAS M. DONOVAN February 22, 1984 - City of Salem Health Department 9 North Street Salem, MA 01970 Attention: Robert Blenkhorn i RE: Salem Sound Development Corp. Dear Mr. Blenkhorn: Please be advised that I represents Salem Sound Development Corp. , My client has appeared before the Health Department:in January, '1984 and on February 21, 1984, a would you kindly forward to me the Board of Health's vote, ,. as well ,as minutes, relative to these two (2) meetings. Thank you for your anticipated cooperation. � ..-_Respectf 1y, ( i TIMTHY ( ' E Attorney. , a m Sound Development Corp. TJO:mko cc : Attorney Joseph Ryan 221 Essex Street Salem, MA 01970 CITY OF SALEM HEALTH DEPARTMENT SOAR© OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT March 2, 1984 16171 741-1800 Re: Winter Island Marina Timothy J. O'Keefe, Esq. Murphy, Ryan and O'Keefe Attorneys at Law, Inc. Ten Chestnut Street Peabody,, Massachusetts 01960 Dear Sir: Enclosed please find the following correspondence: 1. Letter from Council President Mrs. Jean M. Rochna to Philip H. Saindon, former Chairman, Board of Health expressing opposition to Salem Sound Development's request fon anew septic sewerage system on Winter Island. 2. Letter from Michael E. O'Brien, City Solicitor to Salem Board of Health expressing his opinions. 3. Letter from Councillor George A. Nowak to Health Agent stating all requests be forwarded to. City Solicitor. 4. Excerpt from Salem Board of Health Meeting held on February 21, 1984, Very truly yours, FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN HEALTH AGENT REB/g encls. i r "V `\•.lif5 r' { r/(lii��/.a. .�w/.x �cn;�rr i� ..%fi/m.. gNn,ONY D'COR7ESE. S,D. r%' '!!it•: .��•.✓n,•. . iii/, ��:mow. //� �/;f// . COT Mil.�011f. i 777.3191 L_'... �I �II� / •r i.>� • 935-2160 June 5, 1954 Daiiel J. Lynch, P.E. RE: SALEM-Holding TaA' 210 Washington Street Salem Sound Development Corp. Marblehead, MA 01945 :linter Island Marina. Support Building Gentlemen: On January 9, 1934, the Metropolitan Boston/Northeast Regional Office of the Department of Environmental Quality Engineering forwarded to yourself, with a copy to the Salem Board of Health, a letter stating that a plan, submitted to the Department for review, for a proposed subsurface sewage disposal system to service the subject facility conformed with the provisions of 310 CMR 15.00 (Title 5) of the State Environmental Code. The plan consisted of one sheet whichwas titled: Salem Sound Development Corp. Proposed Sanitary Leaching Facilities Winter Island Marina Date: December .15, 1983. Scale: As Noted Engineer: D.J. Lynch, P.E.. An engineer of the Department, at the request of the Salem Board of Health, has .gain reviewed the above noted plan and has determined that, based upon a misinterpretation Off the :Soil logs,; the proposed leaching facilities were to, be placed in fill upon impervious material in violation of the provisions of 310 CMR 15.03: (6) of Title 5. 'herefore, the Department retracts it's opinion as stated in the letter of January 9, 1964. Subsequently, the ,applicant has suDmitted a. pr000sal to install a holding tank to iervice the sanitary waste generated frcm the 'Supoport Building. " The pr000sal Dertains :re ir:stallation of a 2S00 iailon :oncrete noldir.e_ tank eauipoed with beth audio enc isual alarms set at the .i3 liquid caaacity level . ?he holding tank will be �umceo :s •a,_ess ry for off-site disposai . _ :),I C. i::�:..i i 'il,: ] .O r,YQ It .. •o fho ♦a i ,cnel :JS:If' e Se Wa-`e " Sres.il system, in compli2nce 'pith `tie Lnd •:enriectf+on to i unicipai sanitary 'Vier system is not avai abie :o the site. :he insta' I.-tiCn 'Jf a !folding Lank Will . , vide -he same dearee )f environmentai �re:ec-icn rewired .sneer "itle : and strict *crcement of :-itle 5 Would :o Tian47'est `r..:4istice '.o :he oroi icant. -he ?eDartrient nere.vy aDDroves -:ne ^s t:- ;oti n )i tc :sing 'ahK ': service the iulldina with -:.e Ao .cdi tional :ti 1 i s ?s ';h,. . , e _.n:.ec - a o x 2. Approval for the installation of the holding tan;_ "mot, be obtained fro.o the Salem Board prior to installation. i If additional information is required, contact Thomas F . Clougherty at the above address or at 935-2160. Very truly yours , William A. Krol , P.E. Deputy Regional Environmental Engineer WAK/TFC/crd cc: Salem Board of Health, On Broad St. , Salem, MA 01970 'i ,NJ Ult1'111', It VAN & O' KLE, F1; ATTORNEYS AT LAW, INC. TEN CHESTNUT STREET PEABODY. MASSACHUSETTS 01960 JOHN E. MURPHY OF COUNSEL TIMOTHY J. O'KEEFE (517) 531-1421 JOSEPH CURTIS {RYAN I, JOHN E. MURPHY,JR. JIN REPLY REFER TO JAMES F. RENNICK FILE NO. JOHN R. KEILTY June 11, 1984 THOMAS M. DONOVAN k} J 08 Board of Health U1V �. L City of Salem 9 North Street Ci'i Y _..i Salam, MA 01970 RE: Subsurface Disposal of Sanitary Waste - Winter Island Marina - Salam Sound Develq mnt Corp. Please be advised that I represent Salam Sound Development Corp., a lessee under a Lease with the City of Salam dated July 16, 1983, concerning development of a marina<on Winter Island. Please accept this letter as my clientd3 request to be heard at your Board of Health meeting of June 19, 1984 relative m its submittal and request for approval of a plan attached hereto of a holding tank to service sanitary waste on the site, under the provisions of 310 CMR 15 (Title 5) of the State Emdranent:al Code. A copy of the approval of the Department of Environmental Quality Engineering is attadied. In addition, I would also ask that you let me know what alternative date would be convenient for the Board to hear my client's request for a variance for a subsurface disposal system from the provisions of 310 CMR 15 Section 15:02 (17) , Sections 15:03 (6) . The reason for said variance is that there is not, on the site, the required four (4) foot depth of naturally occurring pervious soil below the leaching facility. A plan showing that system is also enclosed, showing four (4) feet of clean bank gravel over the leaching area. Please put these matters on your agenda for Tuesday, June 19, 1984. Thank you. Respectfully, MURPHY, & ' TIIx= 'I [JIRE ATMM R SOUND DEVEIDPMENT CORP. TJO'IVSM oc: Dan Lynch Fred Kelly 210 Washington street c/o Barnegat Transportation Marblehead, MA 01945 23 congress street Salem, MA 01970 tl CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT I (617) 7eI-1800 July 19, 1984 Timothy J. O'Keefe Attorney for Salem Sound Development Corp. 10 Chestnut St. Peabody, MA 01960 Dear Mr. O'Keefe: At your request, enclosed is a copy of the Minutes of the Board of Health Meeting held June 19., 1984. Very truly yours, FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN, C.H.O. Health Agent CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALIH AGENT June 12 , 1984 16171 741.1800 AGENDA SALEM BOARD OF HEALTH MEETING Date: Tuesday, June 19, 1984 Time: 7:00 p.m. Location: 9 North St. Salem 2nd floor I. CALL TO ORDER II. MINUTES OF LAST MEETING III. UNFINISHED BUSINESS I A. 1. 4/24/84 1tr to James Wood, Asst Superintendent Mass. Electric re: unsanitary conditions of properties across Bridge St. along Webb 6 Saunders Streets 2. 5/15/84 ltr to Donald Lothrop re property at 110 Bridge St. 3. 5/15/84 Itr from David J. Beattie, Mass. Electric 4. 4/10/84 Analysis Report from ERT Research 6 Technology Inc. 5. 5/9/84 itr from Commonwealth of Mass. Dept. Public Works to Mayor Salvo re: Bridge and Cress Street Bridges over abondoned railroad spur line B. 1 . 5/24/84 'Itr from Joseph W. Morphew re: 441 Highland Ave. 2. 5/31/84 'ltr from Mr. Morphew to city Solicitor O'Brien Dago I of Pages : AGENDA SALEM BOARD OF HEALTH MEETING I IV. NEW BUSINESS !A. 1. 6/11/84 ltr from Law Firm Murphy, Ryan 6 O'Keefe y re: Resubsurface disposal sanitary waste- Winter Island Marina - Salem Sound Development Corp. request to be heard at Board of Health Meeting and approval of plan (attached) for holding tank 12. 6/5/84 Itr from D.E.Q.E. Wm. A. Krol, P.E. re: Salem Holding Tank- Salem Sound Development Corp. Winter Island Marina - Support Building B. 6/6/84 Ltr to Dean 6 Flynn Fiesta Shows re: Carnival at Salem Common 6/5 - 6/10/84 and inspection report of same date i V. MONTHLY REPORTS VI. OTHER BUSINESS . VIL ADJOURNMENT i i M1N(j11'Ir:5 "J MIJ�T1W, JUNE, 1.9 , 1984 ii regular Board of Health meeting was held at 9 North Street , Salem 7 : 00 P.M. Present at the meeting were Patrick Scanlon , Chairman rter Saindon , Bob Bonin, Vincent DiBona , Arthur F. Kingsley,, Arthur i' Johnson, Arthur J. Kavanaugh and Health Agent Blenkhorn , also present re Councilor Lenny O' Leary , Ann Dominic, V.N . A. and Debbie Martin , V.N.A. LL TO ORDER 7 :00 P.M. FINISHED BUSINESS NTHLY REPORT OF VISITING NURSES NTRACT bbie Martin stated the V.N.A. needs contract by end of month, and at she spoke with the Mayor and he doesn ' t have any problem if the ntract is altered to 20,000 to continue services s verage 1. submit supplemental budget 2. , decision regarding premature baby services 3. , services that will be altered eedback needed 'to put new budget together ancer report not in contract Ann Dominic took time to put this together in future the V.N.A.-might be hesitant and look hard and fast on how hey spend hours if. contract doesn' t cover services) . ealth Agent Blenkhorn explained budget must be by end of month, he also tated he has no. problem with the 7% increase in contract, V`.N.A. has always een cooperative eter Saindon stated he has no problem with increase ebbie Martin asked if the Board of Health wants to continue man dated irths services (should be the Board of Eeatlhs Decision) at Scanlon stated that we should continue to provide these services otion presented by Bob Bonin seconded by Vincent DiBona to continue o have man dated services otion presented by Peter Saindon and seconded by Vincent DiBona to end correspondence to Mayor Anthony Salvo to, accept the 7% increase n the V.W.A. contract to continue services if the Mayor finds monies vailable. 11 In Favor 1 Opposed at Scanlon stated he appreciates the time lu:n Dominic took to prepare his report vin Dominick stated there are too few cases , pap screenings still some aspects need further work Health Agent Blenkhorn stated we should release to media and investigate screening and make aware to residents to attend Such tests for statistical data Dr. Kavanaugh stated he would like to have more information on what type of Cancer of the Cervics, what stages 1, 2 , 3 or 4 MONTHLY REPORTS ACCEPTED AS INFORMATIONAL UNFINISHED BUSINESS Letter to James Wood, RE: unsanitary conditions Health Agent Blenkhorn explained situation and letters sent. Also stated that Mr. Wood came to the Board of Health and licensed a. pestisite individual to commence cleaning, 20th & 21st Rodent Control, 26th clean up crew(heavy bucket)piece of equipment)will contact state agency to see if substance is safe Peter Saindon concerned about"Coal Fly Ash Pat Scanlon stated we are happy with cleanup, but we need more information about substance- Letter f.rom. Joseph Morphew (441 Highland Avenue) Health Agent Blenkhorn explained letters, also stated Mr. Morphew has said he is very sorry and is doing his best, letter was read aloud to city Solicitor from Joseph Morphew, Health Agent took ride and has been some improvment at sites in that area NEW BUSINESS WINTER ISLAND Health Agent Blenkhorn explained this has been before the Board in the past Atty Tim O' Keefe-10 Chestnut Street stated they would like to set date for variance if the Board of ' Health seems fit, no changes in plans Motion was presented by Bob 11onin and seconded by Vincent DiBona it was voted to refer this Winter Island Proposal to the City Solicitor for review and written correspondence of his legal opinion before Board of Health comments on this issue. 4-Favor 1-Opposed 2-Obstained Pat Scanlon stated we must have a solid legal stand point Atty Tim O' Keefe requested a denial be issued It this I i1110 op I f know it t jje\- t,jjjj 1)u i I -I Itty Tim O' Keefe stated they take very positive attitude they can build pecial permit granted , fire safety codes , state sanitary code, he said ure we can build or we wouldn ' t be here at Scanlon stated we have to go to City Solicitor for his Legal opinion ecause the last time he stated this proposal has no legal standing before his Board tty Tim O'Keefe For. The Record on the merits of this Board they ask his Board to consider this proposal under state sanitary code EAN & FLYNN FIESTA ealth Agent Blenkhorn, explained mobile food units that prepare food or residents must be inspected by the Board of Health regulations are equired. He also stated that some of these units were real unsanitary i ATHING BEACHES Dicussion Took Place and Decision must be made as to fee and who will test beaches, Health Agent Blenkhorn will look further into this matter , i OLD HEALTH HOSPITAL(condition) i Peter Saindon stated several occasions people mentioned there is a problem with the Old 'Health Hospital and something should be done to correct this problem. We should have it all boarded up Motion presented by Peter Saindon seconded by Vincent DiBona it was voted to contact Mr. Macintosh, Building Inspector regarding the Old Health Hospital Building and its condition and they Board of Health Concern over safety ADJOURNMENT 8 : 30 P . ". Respectfully submitted Karen J. McClory s ,i •s 9. r, CITY OF SALEM HEALTH DEPARTMENT [BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 4 NORT11 STREET HEAL.IH AGENT (6M 741-1800 June 20, 1984 Michael E. O' Brien, Esquire City Solicitor City Hall Salem, MA 01970 RE: Winter Island Marina Proposal Dear Mr. O'Brien: On Tuesday, June 19, 1984 at the Board of Health meeting, a Ir?otion was presented by Robert Bonin and seconded by Vincent DiBona on the above entitled issue. It was voted to refer this Winter Island Marina Proposal to the City Solicitor, Michael E. O'Brien, Esquire for his review and written correspondence regarding his legal opinion before the Board of Health comments on this issue. The results on this issue were, 4 In Favor, 1 Opposed, 2 Obstained. Looking forward to :hearing from you. Thank you for your time and consideration. Very truly yours, FOR THE BOARD OF HEALTH R bert E. Blenkhorn, Health Agent REB/kjm Enc. t.c: Mayor Anthony V. Salvo Timothy J. O'Keefe, Esquire, -Attorney for. Salem Sound Development Corporation '�\y Ash ! p JUN 2819 ,. 84 •r I,IIM4 1lIY CITY 01, SALL.iv1 MICHAEL E. O'BRIEN CITY OF SALEM HLAL'1'11 CITY SOLICITOR MASSACHUSETTS U1%ULRY P. HARRINGTON 93 WASHINGTON STREET ASSISTANT CITY SOLICITOR and 93 WASHINGTON STREET 187 FEDERAL STREET and SALEM, MA 01970 59 FEDERAL STREET 7454311 SALEM, MA 01970 744-3363 7440350 Please Reply to 187 Federal Street Please Reply to 59 Federal Street June 27 , 1984 City of Salem Health Department Board of Health 9 North Street Salem, Massachusetts 01970 Attention: Robert E. Blenkhorn, Health Agent Re: Winter Island Marina Proposal Dear Mr. Blenkhorn: By letter dated June 20, 1984 , you have requested my opinion as to the legality of the above matter. By way of response, I herein incorporate my previously rendered opinion of February 10, 1984 . Additionally, I re- fer you to the original instrument of conveyance of Winter Island to the inhabitants of the City of Salem by the United States dated May 12, 1922 . Among other things, that instru- ment recites that "the property hereby conveyed shall be used for a public park, or other public use. " and said instrument goes on to recite that "if the said land shall not be used for the purpose hereinabove mentioned, the same or such parts not so used shall revert to the United States. " Accordingly, it is my opinion based upon the aforemention- ed reasons that the proposal before the Board of Health has no standing. I am enclosing a copy of my previously rendered opinion as well as .a copy of the deed referred to above. t �1V Board of Health Robert E . Blenkhorn - 2 - June 27 , 1984 If you desire additional information , please feel free to contact me. y truly yours.,_. _. chael E. 0 Brien MEO/jp Enclosures cc: Mayor Anthony V. Salvo City Clerk U.S. Army Corps of Engineers 4 BOARD 01� Ii1%AL 111 AGENDA JULY 18,1984 Tuesday July 24 , 1984 7:00 P.M. 9 North Street, 2nd Floor I. CALL TO ORDER II. MINUTES OF LAST MEETING ATTACHED, dated June 19, 1984 III. UNFINISHED BUSINESS A.1.Letter dated June 20; 1984`To David J. Beattie, Mgr.Community Relations RE: Fill for the area Bridge Street, along Webb Street andSaundersStreet, Salem . 2. Letter dated June 30, 1984 To Board of Health, Robert Blenkhorn,H.A. RE: Fill for. the area B idge Street., Along Webb Street and Saunders B. 1. Pickman Park Subdivision Time: 7:30 P.M. Letter dated June 22, 1984 To Planning Board RE: Pickman Park Subdivision 2. Letter dated June 26, 1984 To Paul S. Niman, City Engineer RF.: Pickman Park Subdivision 3. Letter dated June 29, 1984 To Peter R. Beatrice Jr, Esquire Invitation To Mr. Beatrice and Mr. Diabiase to attend meeting C.j1. Letter dated June 19, 1984 To Mr. McIntosh, City Building Insp. ??t�� RE: Old Health Hospital Building D. Letter dated June 20, 1984 To City Solicitor \. RE: Winter Island Marina Proposal 2� Letter dated June 27, 1984 From City Solicitor RE: Winter Island Marina Proposal IV A. afard Companies Time: 8:00 P.M. 1. Letter dated July 12, 1984 from Gregg Warren RE: Planned Unit Development fue Highland Acres B. Salem Beverly Water Supply Board 1. Letter dated June 25, 1984 from Thomas W. Knowlton ' RE: Analyses for Bathing Beach Samples 1984 Season V MONTHLY REPORTS Vl - OTURR BUSINESS .. ;linurrr „i rt;a-, i ;;c JULY 24 , 1984 A regular Board of-Health meeting was held at 9 North Street, Salem at 7:00 P.M. Present at themeeting were Patrick Scanlin, Chairman, Bob Bonin, Vincent DJ-Bona, Arthur Kingsley, Arthur J. Johnson, and Health Agent, Robert E. Bienkhorn. Also present were Anne Dominic, Public Health Nurse, Peter S. Niman, City Engineer, Gerard Kavanaugh, City Planner, Peter R. Beatrice, and Mr. DiBiase. CALL TO ORDER 7:00 P.M. Bob Bonin opened the meeting as acting chairman until Pat Scanlin arrived. MINUTES OF PREVIOUS MEETING The following are corrections of the minutes of the June 19, 1984 meeting: The first motion was made by Arthur Kingsley The VNA vote: 1 opposed (Bob Bonin) All others in favor The Winter Island Proposal Vote: l opposed (Peter Saindon) 2 Obstained (Arthur J. Johnson and Arthur Kingsley) ' All others in favor The minutes of the Board of Health meeting of June 19, 1984 were accepted as a—ended. UNFINISHED BUSINESS CANCER OF THE CERVIX Anne Dominic, ,Public Health Nurse, stated that the American Cancer Association will assist in the screening for tercical cancer where there have been so many cases reported in the area. The screening will be done under the following two conditions: 1. The agency screening cannot charge a fee if the American Cancer Assocation aids in the screening. 2. A lab must be found to process the slides Anne Dominic's report accepted as informational . FOREST RIVER POOL Arthur J. Johnson brought to the attention of Anne Dominic that there were several cases of empatigo amoung children, possibly linked with the Forest River Pool. Bob Bonin suggested that someone be placed at the pool to test for such things. Anne Dominic will persue the matter further. BRIDGE, SAUNDERS, AND WEISB STRl1C8 Letter to Dave Beaty relative to filling of the streets of Bridge, Saunders, and Webb . Letter to the Health Agent from Mr . Beaty notifying that key personnel were away on vacation. Mr. Beaty will get back to the matter after the vacation season is over. The site is clean at this point, but there are no permanant plans made .for the filling of the site. PICKMAN PARK SUBDIVISION At this point in the meeting Pat Scanlin resumes his chairman position. Letters to Planning Board, Engineer, Mr. Beatrice, and Mr. DiBiase to inform them of the July 24, 1984 Board of Health Meeting. Health Agent Blenkhorn informs the Board of his meeting with Mr. Niman. The three problems discussed were the following: 1. Water (Drinking) 2. Surface Drainage 3c Sewage Pat Scanlin outlined the Pickman Park Issue for the new members and requested that Mr Niman elaborate. Mro NimAn's main, concerns were; 1. A contract for the new pumping facility (proposed 24 units) 2. To note that the new facility had already received Planning Board approval. Bob-..Bonin informs the Board of the sewer problems on Charles Street where the new system will adventually flow. Peter'Niman requests a list of complaints be brought to him with the exact location of these sewer problems on Charles Street so he can address the problems they are having there, which he was originally unaware of. Gerard Kavanaugh reminded the Board that the Pickman Park Subdivision has been approved only under the conditions that the problems that the Board of Health has with it be resolved. He also stated the proposed 24 units would virtually unaffect Jefferson Avenue. Peter Beatrice addresses Board and proposes that the conditions set by the Board have been satisfactorally met and he urged the Board to vote in favor of the Pickman Park Subdivision. He stated that there has been only one new proposal since the original proposal in 1977, and that new proposal is the 18" pipe. Pat Scanlin was concerned because he beleived he was shown a different map, one which introduced the problem with Charles Street, and beleived that the maps shown at previous meeting did not show this, and would like Paul Niman to address the problem in two weeks. Bob Bonin unction:; Ut table the Lssiov for two weeks . f in f:wur (De&tna, SA ;till :uid lionize) 2 opposed (Johnson and Kingsley) Peter Beatrice officially requests a list.of names and addresses of the members of the hoard of Health, and a copy of the minutes of the July 24 , 1984 meeting . OLD HEALTH HOSPITAL Health Agent, Blenkhorn informs the Board tbat there has been some clean up of the overgrowth but he has received no comment structurally wise from the Building Inspector , Health Agent, Blenkhorn's statement accepted as informational. WINTER ISLAND MARINA PROPOSAL Letter dated June 20, 1984 to Michael O'Brien, City Solicitor relative to Winter Island as directed by the Board of Health at the. June 19, 1984 meeting accepted as informational. Letter dated June 27, 1984 from Michael O'Brien in reply of Letter dated June 20, 1984 accepted as informational. FAFARD COMPANY Letter dated July 12, 1984 requesting a slot in the July 24, 1984 Board of Health Meeting. s Health .Ageni, Blenkhorn later received a phone call not#fying him that the Fafard .Company would not be attending the July 24, 1984 meeting, and also requesting a hearing at a later date. SALEM BEVERLY WATER SUPPLY BOARD Letter dated June 22, 1984 relative to the:$500.00 fee for the testing` of the water of the Salem bathing beaches accepted as informational. MONTHLY REPORTS Accepted as informational. OTHER BUSINESS WINTER ISLAND: JILLIAN'S SNACK BAR Motion of Bob Bonin to refer the issue to the City Solicitor, Michael O'Brien. Pat Scanlin seconded the motion. Unanimous vote of the Board. It was decided by the Board that the next, Board of Health Meeting be held on Monday, August 6, 1984. Motion of Bob Bonin to close the meeting, seconded by Vincent DiBona, ADJOURNMENT 9:25 Respectfully xubntitted Anne R. Byrn'. I�t,�^�J't�',?l�l 11 `. :A I I� uhf-:I1IC.-.i . . 1}r , r .. , .• i. . ::.-_ I11H I '.I � i � �I; `.'I.I I; I I I � 'I( ! 1'. I ht)I 'i I "WI !:I_I.li I - SI I II li CON�IMONWEALTI-1 OF MASSACIIUSEITS a ESSEX, ss. SUPERIOR COURT ° CIVIL ACTION V 0':- 84 SALEM SOUND DE\,=PME W v .........._. . ...------..._....--•---..._------....---..........................• .................Plaintiff(s) , o . . sZ3 Z3 CITY OF SAIjR Salem Board of Health, and ----....................—..........................-.............Defendant(s) a Anthony V. Salvo, Mayor of Salem .» t O A VSUMMONS 3 To the above named Defendant: E $ You are hereby summoned and required to serve upon _T..}Imthy.JA-_9'K £.._ESSP?7r'E_......_.........._, � e plaintiffs attorney, whose address is .19_Chestnut_Stre_4a..P�at�pc} ......_.., an answer to the s complaint which.is herewith served upon 3 a p po You. within ?A days after service of this summons upon you, exclu- sive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief de- 9 7 a manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk sof this court at ..........-S_.........alem........................ either before service upon plaintiff's attorney or within a reasonable 3 time thereafter. v C 3 Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you g may have against the plaintiff which arises out of the transaction or occurrence that k Ute: subject matter of the j plaintiffs claim or you will thereafter be barred from making such claim in any other action. s ; o. I a• = n v ' WITNESS. Thomas R. Morse,Jr., Esquire. at S:dem, the 3 D �� day w in the year of our Lord one thousand u .nine hundred and eighty- 0 21984 3 . e C1Ty OF SALEM HEALTH DEPT. C' Clerk NOTES: - 1. This summons is issued pursuant to Rule a of the Munchusens Rules of Civil Procedure. 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant. each should be addressed to the particular defendant. SC 15 Form t RC1 I her"by ettily null mUun tl,nt nn Hu• within stimmotc, together with a mpy of the winplaita m this a0mli, telxm the within-ttamvd <Irlrndant, in thw following manner (See. Mass. It_ Civ 1'. 4 (d) ( 1-5): - _..-..._._.............__................I......I........... . _ .,.._ ._....._.-...._ ........ _. . - - _-.--........-.... .._.....-...--......- ..-_.... . Dated: , 198 - ...................._................ ...........:...--..... N.B. TO PROCESS SERVER:— PLEASE PLACE DATE YOU MAKE.SERVICE ON DEFENDANT IN THIS"BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT. C zrn U Or GU O vt E O w cz I j W cn t 7 S, 1n :tl • v .. w ;/t rt I' 4 ESSFiX , SS• TRIAL COURT 01+ THE COMMONWEALTH SUPERIOR COURT DEPARTMENT DOCKET NO. -7q.3 SALEM SOUND DEVELOPMENT } C7 CORPORATION, ) Plaintiff ) VS . ) COMPLAINT ) THE CITY OF SALEM, AND } ROBERT C. BONIN, PATRICK F. ) SCANLON, VINCENT DIBONA, ) ARTHUR J. KAVANAUGH, ) ARTHUR J. JOHNSON, AND ) ARTHUR F. KINGSLEY, ALL ) INDIVIDUALLY AND AS THEY ARE ) THE MAJORITY OF THE SALEM } BOARD OF HEALTH, AND } ANTHONY V. SALVO, INDIVIDUALLY } AND AS MAYOR OF THE CITY ) OF SALEM, ) Defendants ) And now comes the Plaintiff, and represents , as follows : i PARTIES: APPLICABLE TO ALL COUNTS 1 . The Plaintiff, Salem Sound Development Corporation, is a Massachusetts corporation with a usual place of business at 23 Congress Street , Salem, Massachusetts. I 2. The Defendant, City of Salem is a Massachusetts Municipal corporation. 3. The Defendant Robert C . Bonin is an appointed member of the Salem Board of Health, .and resides at 22 Charles Street , Salem, Massachusetts. He is sued in his Indivi- dually and in his official capacity . 4 . The Defendant Patrick F. Scanlon is an appointed member of the Salem Board of Health, and resides at 17 Dunlap Street , Salem, Massachusetts. He is sued in his indi- vidual and in his official capacity. 1 of 6 5 . The I?tifendant; Vl.ucent, ULL'uria 1.3 qui cl,,, , I [t -'d the Stilem 130ard o1' lk! ai.th , and rr31d<,:+ ut 53 1'n�flcr>ct Street , Salem , Massachusetts . He is sued in hl.i indl,vi- dual and in his offlclal capacity . 6 . The Defendant Arthur J. Kavanaugh le an appointed member of the Salem Board of Health and resides at 26 Chestnut Street , Salem, Massachusetts . He is sued in his individual and in his official capacity. 7 . The Defendant Arthur F. Johnson is an appointed member of the Salem Board of Health and resides at 82 Bridge Street, Salem, Massachusetts . He is sued in his indivi- dual and in his official capacity. 8 . The Defendant Arthur f. Kingsley is an appointed member ! I of the Salem Board of Health and resides at 86 Ord Street , Salem, Massachusetts . He is sued in his Indivi- dual and in his official capacity. 9 . The Defendant Anthony V. Salvo is the elected Mayor of the City of Salem, Massachusetts and resides at 18 Sumner Road, Salem, Massachusetts . He is sued in his individual and in his official capacity. COUNT I. MANDAMUS I 10. On July 6, 1983, the City of Salem executed a lease with the. Plaintiff, whereby for consideration, ' the Plaintiff leased from the City certain land from the City on Winter Island, so called, for a period of twenty (20) years for the purpose of constructing and maintaining a marina. A copy of said Lease is attached hereto and marked "A". 11 . On May 4 , 1982, the Plaintiff received a Special Permit from the Salem Board of Appeal for the construction of said marina. A copy of said Special Permit is attached + hereto and marked "B" . i 12 . On October 19 , 1983, the -Plaintiff obtained an Order of Conditions from the Salem Conservation Commission under CL Ch 131 , Sec . 40 (Massachusetts Wetlands Protection Act) permitting construction of said marina, a copy of which is attached hereto and marked "C" . 13. On November 18 , 1983, the Plaintiff received a Special Permit from the Salem Planning Board allowing construc- tion of the marina to proceed , a copy of which is attached hereto and marked "D" . 2 of 6 bru;iry tIyd June of 198E Thu PI.atntlff nppea r�xl before the Salem Hoard of Health for approval of a sep- tic sewerage system to service the nutrina. '. i 19 . On May 29 , 1984 , the Plaintiff received from the Common- wealth of Massachusetts , Department of Environmental 1� Quality Engineering, Division of Wetlands Protection, . a license to construct piers and wharves for the said marina. Said license is attached hereto and marked "E" , and is recorded in Essex South District Registry of deeds Book 7455 , Page 318. 16. At meeting on February 21 , 1984 and on June 19, 1984 , the majority of the Defendant Board of Health refused to act on the Plaintiff' s application for a septic sewerage system. See "F" attached hereto. Despite repeated demands by the Plaintiff, the majority of the Defendant Board of Health refuses to act on the Plaintiff' s appli- cation for a septic sewerage system. The : Plaintlff has not received copies of the minutes of June 19 , 1984 prior to the filing of this Complaint. 17 . The Defendant Board of Health has a duty to act on the Plaintiff' s application for a septic sewerage system, and by failing to so act, the Defendants have breached that duty. As a result thereof, and due to the delay occasioned thereby, the Plaintiff has suffered damage, which damage is continuing. WHEREFORE, the Plaintiff demands : 1. That the court order the Defendant Board of Health to hold a hearing on the merits and act on the Plaintiff ' s application for a septic sewerage permit. 2. That after a hearing on the merits of the Plaintiff ' s application for a septic sewerage permit , the court order the Defendant Board of Health to issue a permit to the Plaintiff for said septic sewerage system in accor- dance with the Plaintiff ' s application for a septic sewerage system. 3. The court asses the damage to the Plaintiff due to the failure to act by the Defendant Board of Health. 4 . The court award the Plaintiff damages , costs , and attorney ' s fees. 3 of 6 it I The paragraph Ll oC counlu I . 19 . In February of 19811 and subseiluent thereto , the City of Salem, acting by and through its Mayor, Anthony V. Salvo or through those for whose conduct the City of Salem and Anthony V. Salvo are responsible , renounced and repu- diated the lease executed by the Plaintiff and the Defendant City of Salem on July 6 , 1983 , and said Defendants have held that the same is Invalid, and have otherwise breached the terms of said lease. 20 . The Plaintiff has performed under the terms of its Lease i with the City of Salem, and the City has accepted payment from the Plaintiff according to the terms of j said lease. i 21 . By so repudiating and renouncing the Lease as invalid, . and by refusing to allow the Plaintiff to peacefully enjoy the leased premises and by performing other acts , the Defendant City of Salem has breached its Lease with the Plaintiff.. WHEREFORE, the Plaintiff demands Judgment against the city of Salem and Arthur V. Salvo, in his individual and official capacity, in the amount of Five Million Dollars ($5,000,000.00) , interest, costs and attorney' s fees. THE PLAINTIFF DEMANDS TRIAL BY JURY AS TO THOSE ISSUES RAISED BY COUNT 2. . COUNT 3. SPECIFIC PERFORMANCE i 22. The Plaintiff realleges paragraph 11 of Count 1 and paragraph 19 and 20 of Count 2 . 23. At all times material hereto, the Plaintiff has been ready , willing .and able to perform under the Lease, but the Defendant City of Salem refuses to do so. WHEREFORE, the Plaintiff demands : 1 . That the Defendant City of Salem be required specifi- cally to perform under said Lease. 2 . That damages for the failure of the City of Salem to perform ,be assessed up to the date of performance. 4 of 6 i _i 111i1 I� ti ._ : _ _. . •JI",,.i . . . :IUi r � , Salem and tta xgcnts t1i tht: amount of F1VC M117. lot Dollars y5 , 000 01)0 , 00 } interests , costs , and atCor- ney ' s fees . 4 . That the Defendant City of Salem and its agents or boards and commissions be enjoined from assigning, transferring, encumbering, alienating, or in any manner attempting the pass outside of its control the premises subject to the lease referred to In the, Complaint. 5 . For such other and further relief as to the court seems proper and just , THE PLAINTIFF DEMANDS TRIAL BY JURY AS TO THE ISSUE OF. f: DAMAGES UNDER COUNT 3. i1 i' COUNT 4 . INTERFERENCE WITH ADVANTAGEOUS RELATIONSHIP I 24, The Plaintiff realleges paragraph 11 of Count 1, 25. The Plaintiff applied for and received all the necessary permits, licenses, and approvals from the City of Salem } i and the Commonwealth of Massachusetts necessary for the construction of the marina referred to in said Lease. 26. In addition to the approvals set forth in paragraph 25 above, the Plaintiff needed a permit from the U.S. Army Corps of Engineers to construct and maintain the marina in coastal zone waters. On May 30, 1983 the Plaintiff applied to the U. S. Army Corps of Engineers for said permit. 1 i 27. The Plaintiff qualified for the issuance of said Permit i from the Corps of Engineers, and the plans and specifica- tions submitted by the Plaintiff to the Corps of Engineers entitled the Plaintiff to receive said per- mit, and the Plaintiff had more than reasonable expec- tations for obtaining said permit from the Corps of . Engineers . 28. On or about June of 1984 , the Defendant City of Salem acting by and through its Mayor Anthony V. Salvo, or through those for whose conduct the City of Salem and Anthony V. Salvo are responsible, without justification, maliciously intending and designing to injure the Plaintiff and prevent the Plaintiff from receiving its permit from the Corps of Engineers , interfered with the 5of6 l� E -X1,;,1 t. •. , =tin ; ..r�,. . :' r,>w '.J,.• : En� ineera t>y uG, ting to the i; orp:l u1' P] aintil'i" s lease wlth the City of SaLc,.III to ill va,lI'd , that the Plaintiff has no itarid ing to construct a inarina on the locus In question, and otherwise obstructed the Plaintiff ' s attempt to obtain the permit from the Corps of Engineers . 29 . As a result of the Defendants ' City of Salem and Anthony V. Salvo, or those for whose conduct they are respon- sible, interference with the Plaintiff ' s application for a permit , the Plaintiff has been unable to proceed with Its plans for the marina. and the Plaintiff ' s loss and resultant damage is a direct result of the said Defendants interference and conduct . WHEREFORE, the Plaintiff demands judgment against the City of Salem and Anthony v. Salvo, in his individualeand offi- cial capacity , or those for whose conduct they are respon- sible, in the amount of Five Million Dollars (I ( $5,000 ,000 .00) , interests , costs , and attorney ' s fees . i( f THE PLAINTIFF DEMANDS TRIAL BY JURY AS TO THOSE ISSUES RAISED BY COUNT 4. By its Attorneys , MURPHY, RYAN & O'KEEFE }�}t i BY : I TIMOTHY J. O` KEEFE, ESQUIRE r 10 Chestnut Street Peabody , MA 01960 ! 531-1421 6of6 it i i I r i 1 i • I i 4 I 1 , A. Lc„..p.r {I,u li oIr 1 I At 0 I',II _ �� !}Cvt:LOI'MLNt (;i51i{Y)ftATl<7N ifh ;r n..q,,i pine rullusi st h,..,s.d „r , J 3 �YC <ngr est Slrrrl, Su m, h1'u+nr h, ,.nt nl'110 7- f Rt MISP S: Ih, LVtiM)k ler anti i Of 11 ! r u is <u, arreu nestsand stlp"I'l6 ns of the t t 511.1: hv,,..tstt. vl r tic3 r1 e h r 1 } Ic.me to the LLSSEEIhe fullowml� described band .and the huildinl„ or I”,tion therm1 located on said laud, if any: - � . ! The area identified as Section"G,” indudiny„ the land to thr low wa hx +nark, "G-I" and"Y' on the "Winter Island Coimnission Master Plan," all as slsawn on the I i. attached Exhibit,identified as Exhibit A. 3. TERM: The term of this lease shall he for twenty (20) ars coauncing 1 c)cr rn ,tel/yu�cls_ , 1983, and ending Qua..a 30 � b ,unless ttb 'tt wise terminated ay provided hes-cin. This Lease shall be valid only if not in violation Of Massachusetts General Laws, the Charter or Ordinances of the City of Salcm. 4. RENT AND CONSIDERATION: The LESSEE shatl pay to the LESSOR as rent for � the use and rent of the PREMISES the following sums of money, and shall undertake and incur the following expenses: A. Rent,no fess than Twelve Thousand D011arslyear ($12,000.00), Rent shall consist of 5% of gross income for the first live years of this Lease, 10%of the gross income for years 6-15 of the Lease;and 10%for years 16- 20 of the Lease. HOWEVER, in no year shall the rent payable be less than Twelve Thousand Dollars/year($12,000.00). The LESSEE shaft be entitled in the first year of the Lease to a credit,not - to exceed Six Thousand Dollars ($6,000.00)for the actual cost of installation of water services to the Marina facility. , B. The rent due hereunder shall he paid in two instaliments, the first j Installment shall be paid in the Burn of $3,500 on July I, 1933, and on July I of each year thereafter; the balance due as installment two under the 1 turns of the Lease shall be paid no later than 60 days following Inc 1 anniversary date of this Lease. For eg._ � ( Lease executed March 1, 1933: rent balance for year Islarch 1, 1953 to I February 23, 1934 due nO later than April 30, 1954. C) The LESSEE agrees as a condition of said Lease, to construct a manna pump out station if rryuired by Ilse U. }. Corps of Engineers. Thr I also agrees to asake avoilabb. Ileal spa,x at a.fair rnarlu-t mid rvnl.e fee to any other i:ornrnrr,s,,I nmant mc9udim; other cot nm¢rc,.d rntttrrt I I .r r..rnil I, d rr r.r� . .r...r. I'.L,.... .�inr �i u.ar r err ur..A r nor Ire I ,rlrl .rr„nl,lli„II. Illy wlrr l,'l I'...rr rel , r.rrrrrrr.sr err sl r,lll .I!rpr r.� rr rli s.rplrr rr., the Inulxn'd Iters wrllmr Irn Iy Irv- (1,it days. I:.ulun- ul it.,. l'.unurn'.•rn,u ,3 to as within 4> days shall tr deemed :q q,rovc A. D) The LL.SSEh 0'.01 l” r :,poo,ibt, fur tlu- rV wruction and or.... enanCc of "j the building to be CtnutruCtvA un swirl Acudsed premises ruul eny Irnnre i repairs, alteration and/or replace uscnls provided that the repair :mA/nl replacement was not me cssitated by Lcssur's negligence or misconduct. The pngsoscd building shall Comply with all applicable building Codes anti be approved by the Winter Island Cornoossion. Upon termination of ibis lease, _ all Improvements, including the uouine support building shall become the sole property of the City of Salem. 3. USE OF THE PREMISES: The purpose for which the Premises may br used air - Set forth in the "DECISION ON THE PETITION OF SALEM SOIINO DEVELOPMENT CORPORATION,” dated May 4, 1982, attached hereto as Exhibit B, except that the Marina to Ise constructed hereunder shall not include more than one hundred fifty (150) slips without the express written consent of the City. 6. CONDITIONS: The LESSEE'S obligations under this LEASE are contingent upon: A. the grant of a Special Permit by the Iksard of Appeals of the City of Salem to allow the premises to be used for the purpose(s)stated in Paragraph 5 of this LEASE; and B. the formation and Continuing existence.of an association of persons and/or corporations or partnerships or other or business or governmental entities 1 I who are to lease,occupy or use the land and buildings owned by the City of Salem on Winter Island; and, C. the operation of the association. - D. the LESSEE shall promptly initiate and diligently pursue the engineering and design work to required to obtain, and shall obtain, the approval of City, State, and Federal governmental agencies prior to waterfront construction or the construction of the marine support building, the Salem Design fieview BOAF(l shall have the right to review and :,pprove o! 9v- construction econstruction plans Ln be marine suplt.x i building before a budding pernut shall be issued. The LESSEE shad parucipalc in good faith in the formation of the lt'inh-r Islenn Association and shall fulfill all of its obliratlnns is a member of Ih•- ."tion as set forth in Pmal;raph 1. Dw failure'of the I I SS,)P In pa, Its pt.yoroonnl 'share of the expenses in(uned by the :o.w, i:r.iol, h"ll r.nnst::aie ., !.:dare us 1.." rent under this LE.ASP. and hall •:uhp•1-.I the L1.SUI-I In all of the n•rne,bs available mulct this I.P.A�l .Ind at 1.svv u, th,. I L.SSOR. • lervh ,,. : ul,r ..r r nl .r ..I rim r..•, a rr, .,u•I ,.r..eurl ..r.rll b. .u. •.nr.r.nt rr,u l...dly npr..,...' .:p. rr LI .J Iv.r•.I ., r .,L. rly :•I 11.. .... ...Lr r of 11h, as ux:r.,l uu.. II the rIlai nI iy of thr .r.. r..l r.ur r: uunblr- In a1•,l, a .q.. n t prulen lluud I Slran' IU hr Lull e by Ihr Ir rnrL.'IS Ihru (hr dl erlrlLnallu . of Sl.al ri f shall be made by the City of Sohn. Winter IsLmd Con ruli:_it n, .uut its de, %"'n shall be final end bind imp on all of tl... m.urbvr.. � i The association shall be respons,hle lot pruv'Iding security at Winter Island on a 24 hour/day basis. - In the event that the associaliun fails to or is unable to provide adequate co anion maintenance and security, the LPS.SLE agrees to pt Ovide his own maintenance and security and LESSEE further agrees to enter into negotiations with other members of the association to share the expense of said maintenance and security. 8. IMPROVEMENTS/REPAIRS TO LAND/dl)ILOING(S): To enable the LESIGE to use and occupy the premises for the purlwses intended,certain improvements, alterations,additions and landscaping to the PREMISES are or may be required. The LESSEE shall have the privilege to make such improvements, alterations, additions or landscaping if so required, and the costs of the Samc shall he Ix,rne by the LESSEE. HOWEVER, no such improvements, alleratiuns, additions,or landscaping, shall be made until plans and specifications therefor have been presented to and approved by the City of Salem Winter Island Commission,and all necessary permits have been obtained in accordance with applicable laws. LESSEE shall,at its own expense, during the term of this lease, make all necessary repairs to the interior of the Demised - mises so as to keep the Demised Premises in the same condition in which they are now or may hereafter be put,in accordance with the provisions set forth above, reasonable wear and use, damage by fire or other casualty, acts of paramount authority, acts of God, :acts of war and the enemy only excepted. LESSEE shall be responsible for all exterior and structural repairs, including the roof, and all other repairs. The City of Salem Building Inspector shall annually inspect the leased premises and improvements to detrrmine whelher or not the LI:SM.F is eom pl yinF•, v4th the requirements regarding malntcnance and rrpairS required !JV this paragraph and paragraph 11. 11 the 1ludding Inspmctor dvlertncnes that the rryuirenlruts relative to maintenance and repair are not firing reasonably Iullllle•d ur that Ihr premises or unprovemrnb my belnr ailo"'.? n. ,c aSrr Ihru Ihr liuildi nl; h.Spe.'!:" shall prrlvulr• wrl:len nPll, r to The LL>\L!_ nl lhlIlan'. al•.r, h .In' In ,,I atuv. together x•Ith a rt•as.a LG d. ;:.•I.... ..I inn. ;r. -.el u• h Thr I.1 \\t I ....:,. r r,r•..Ir I' v to Ia R.m S. I` Idurr Io 11:•: LI.\SI I-. to reorr.h Ile- vn,I.l!Inn. u. .. n ..un..I of tm.e shall be deenwd e lwLition r,I Ile. I I \\i and .'Ln r.. Ior Irnnrn:..a•n. l 9. I(J)IIHAI%, t-; 1.1''.?I ! .uu It ndcp'- The 11 SM I sirdl luau,<: Ihr F',rnvu s I :a,y I s(...0 Grlury end pro{rely dtuuap,e arising n,tl of uI in connection will, 'rts is, :Ind occupancy of Ihr prenuses in an ,n niant nut has tirm SItX1,tIt 1/iriti3Ot)ft, :uu1 sh:di n.v nr the f;ily nl Salon and Wolter Isl:n,d C,ruunission as ;t cu-hts,xtd. to the Cvrnt that the I statutory limit of liability for the City of Salon or Winter Island Cnuunission is at any tittle during the term of this lease increased, then tile. insurance coverage for personal injury and property damage shall be automatically in(r rased by the LESSEE at least to the amount of the increased liability. The LESSEE shall provide proof adequate to the City Solicitor that such insurance is in effect at all times during tilt term of the LEASE., and shall provide proof to the anniversary date of the insurance policy, that the premium for the %occeeding year has been paid. Failure to comply with this provision of the LLASP, relative i to its terms and a sufficient cause for termination. ' 10. PEACEFUL ENJOYMENT: - A. LESSOR agrees that upon LESSEF'S paying the rent and performing and observing the agreements,conditions and other provisions on its part to be performed and observed, LESSEE shall and may peaceably and(vilely have, hold and enjoy the prernises during the leased term,without any manner of hindrance or interference from LESSOR or any one claiming under LESSOR, subject,however, to the terms of this lease. B. In the event that LESSOR shall, during the term of this lease, sell, convey or otherwise transfer the Demised Premises to any third party, it is hereby understood and agreed that said sale, conveyance or transfer shall be subject to the terms of this lease and that LESSEE will not be disturbed in its possession as long as it fulfills all the terms and conditions of this least•. 1 I. CONDITION OF PREMISES AT TERMINATION: LESSEE, at the expiration of the term herein,or at any prior iernu„atlun .Is herein provided, shall peaceably yield up the Drtnised Premises and all ofdtt wns, improvements and alterations made thereupon in the sante;'nnd,Ws:,.wd rrieur as the sans were in at the i'onunem Clnent nt the ler") lo-root. ... m.)v lt'tar her,; pat or thereafter, reasonable wear and use, -tunage by fire of o. +rt .t",Wv, - :leis if ti,00, acts of out en.t tIm rnr,;n n,u. c't•. of (,-t;anna,a. .... C to ep f.¢1. ,. In .• I I. r1 .I .... h ,. .I : ::,. . . .p. .,.. �, :.. T ' 1}_ ( q}i k11_I1 Uf; (flKitu si�il :'1 1 i'P t Sti'.i , Illi '>e lie slid pt.... a .p' I III ..I IdI I •- 1 ,4. rhrl II � Inc I xiin{� Ir Lral yovrr nl u•nl Purl . rs, sl:dl br b.r snU div r4-sU yr.f ,: grratly damagett try lit, or ,Itu3s un.evoi+4.,61.-Cau-Jtp,n, i.y III— ;" i.a: •,I Ihr City or other :m tl rorii rz•., afore the exrr..ruu. hrv,rd :u:'I brl•vr Ih•, r rl." nn. ..I the said term, tire,, this LEAST and th-- -,.,iA Iron st.,dl L• nnl.ret" ,,1 Ih•- vl— l:o., of either the LESSOR or LCSSCE or their herr, n: .rssig»s, -ohir, thirty f if)).!,,y, of said casualty or taking, and such elcctiun .nay br n.ade in case of any an<h taking notwithstanding the entire interest of Ib, Lir.SSOit, or its heirs or assip,ns may have been divested by such taking or destruction of or damage to the demised premises, a just proportion (if the rent Ihercinb,fore rrscry+d, arrorrliny, to the nature and extent of the injury susmi 'ed by the drnri sed Premises, shall hr- abated until the demised premises are re,"med, or irk case of Stich taking„ what may remain thereol, shall have been put in prober condition lot use^ and occupation. Iv. ENTRY BY LESSOR: The LESSOR, and Iris agcnn, shall have the "K'Ilt to ,,kt,-r .into and examine the premises only upon r'rasunable notice to the 1-115SIJP. IN WITNESS WHEREOF, the parties have hereunto %et their hands and seats it,,- day hrday and year first above written. 13- PARKING AND PARKING STICKEILS. The LESSOR shall provide adequate for ninety (90) passenger motor vehicles in approximately the area shown on a plan to be attached as Exhibit C. When leasing a ,lin it. the Marina, tine LESSEE shall collect,and pay to LESSOR,a separate tee for a Marina Parking Sticker which shall be issued by the Winter Island Connmissiun and shall permit parking in the area designated on Exhibit it for iter ca!e,,dar veer in who h the stacker is issued. IG. LCSSCE'S OBLIGATIONS, The LCSSCE shall :w,,irnt I, withus ,err v••a, of I! ,- date of this LEASE, a 150 Slip Marina III a cost of nnI isrxs than I-ive Iiww rd :ur.l Forty-iive Thousand Dollars {$505,000.::51, a p:re and rtlti" ,tt .: •r„I ••I r..,t Irss than One Hundred Thousand Dollars (jt^U,tiO�.U'It,a u:ar i.Is s:Ic•;••:r t :,.:....I . ., cost of not less than \ixiv Thousand Isoildrs Itir,li J:;i!i.u'll, Al P.: .0 ern.:aur r w'J!' the prolrnsal of Salem found Drv.•4gnnrnt rons..Inro heti-to end mcorj,waw-l by u•G•r rnrr te,•rrer .,, if I:Ili,' ,. - n re. i rrr rvi, ... las. elloo M Ihesr unpinrr cn-nt•. •.:.a l! hr• .;pr•..•.:I I!„"; . .r.... ., . . ':n :rr hLuW Colmins urn n!Irr r.• rrr.n, rrr:::.... .... .... .....:..'., .,,., ..... .. of dem {:'rF.nv.-t :o.r} :6.• r.-ra ..r `•.d..... ::.........: -.•.:. .:. :._.. .. r I:u u.•,nne, Thr Wnur: I+L,nr1 r ..n,.:.r.., ....•.: . . r . . .. ,•, .,. .cvl 1,-�.elum al ;hr• ^I ape v d :. .. ..r. . .it I.. ,.. . I!... k ,m:: •.c.um to m t uN?ase .� .,.rr . •.ba❑ `.. . . ... .. .. . . .. t •'Pl li ,i t'„ . 1. , L. un n cs.. ,t ., n . nuu t .,nil nl i , .. ..t .n- 'I in.trinn :..J an, illuiy far_ililies In I,` n."I" i, d hr,run dei. In (6v —_nl 11..,l :,II iliermits to conNttm I the marina havr not been obtained by June 30, I')S), lhrn the first Inslallmenl of rrnt due on July I, 19K shall be instil all such per or is have been obt si,w d. IS. ASSIGNMENT OR TRANSFER, SUSLf ASING,ANO INDEPENI)I'.NCf. OF , AGREEMENT': LESSEE shall not assign the leasehold hereby created, nor sublet or sublease the demised premises or any part thereof, In Whole or in part, 1 without the prior written consent of LESSOR. i 1 The interest of LESSEE under this lease shall not,except at LESSOR'S option and written consent,be assignable by operation of law. In case of bankruptcy of LESSEE or of the appointment of a receiver for LESSEE,or it a receiver be appointed to take possession of the demised premises as a result of any act or omission of LESSEE, of if LESSEE makes an assignment of this lease for the benefit of creditors, or if possession of the demised premises shall be taken by virtue of any attachment, execution or the levy of any judicial process, any person taking such possession pursuant to any such proceeding or process shall not acquire any right, title or interest in or to this lease, the leasehold,or the demised premises,or the rights granted herein without first securing the written consent of LESSOR. In the event of the approval of this right or privilege to more than one individual or other legal entity(or to any combination thereof),then and in that event, each and every obligation or undertaking herein stated to be fulfilled or - performed by the LESSEE shall be the joint and several obligation of each such individual or other legal entity. ' If tenant is a corporation and iI the control thereof changes at any time during the term hereof, then landlord may,at its option,declare such change a breach of this agreement. It is mutually understood and agreed that nothing contained in this agreement is intended,or shall be construed, as in any wise creating or establishing the relationship of copartners or joint vbenturers between the parties hereto or as constituting the tenant as the agent or representative of the landlord for any purpose or in any manner whatsoever. d.nii,i p� h. uhu:h LI'.SS(N! innl' Le to L�,�.1 Ly nnsun ul ruiy .iat ur nrr•liy,riu'� ul �� ' i Li S I I Ca usinl I m 'r}{r lu fx,sons t+r yruperty, or both, in ..... _lion v/IU use and .rnpa» 'y of the• drmVertd premtsos and the of its Y; businrn at said dcmitt.d per ues; provided, however, that LI'SSI L shall not be y x. liable for any damal,e, injury or Ions solely caused by the negligence of LESSUIt 1 its agents or employees; and provided, further, that LESSOR xhali give to LESSEE reasonable notice of any claim made or suit instituted, and the LESSEE i shall gave the right to compromise and defend the same. t 20. ADDITIONAL CONDITIONS j 1. No more than four (4)boats owned by Salem Sound Development shall be stored on the leased premises. . �t 2. LESSEE will supply a drop-oil and tie-up service with tender rack which they will operate at a fair and competitive market rate. LESSOR: CITY O7 SALEM,MASSACHUSETTS 1 � I BY t LESSEE: MI 8y�/ 2L*'L �..f�fX1T // s1 A ✓ / �i Ci �tit1 111 11 1t1� Cl �l'i _ '1��1('-; ' eiu irl of \pral cg,f CL(-R; `i t1rFL S�L[t17, . , I : DECISION ON TLIF PETITION OF SALEM SOUND DEVELO!14ENT CORP. FOR A SPECT.AL PERMIT FOR A PARCEL OF LAND ON WINTER ISLAND A hearing on this petition was held on April 28, 1982 with the following Board Members present: Douglas Hopper, Chairman, Messrs. Hacker, LaBrecque and Feeherry and Associate Member Luzinski. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published -in the Salem Evening Nees in accordance with Massachusetts General Laws Chapter 40A. 14 I The Petitioner has requested a Special Permit to use a portion of Winter i Island as a marina with not more than 208 slips. In addition, Petitioner proposes to construct a 30' x 40' marina support building at the site in question. The property in question is in an R-C Zoning District. The Special Permit which has been requested may therefore be granted upon a finding by the Board of Appeal, that the grant of the Special Permit will promote the health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after considering the evidence presented at the hearing, and after viewing the property, makes the following findings of fact: 1} The proposed use of the property is supported by the Winter Island Commission. 2) The. proposed use of the property will provide additional security for the area and will result in an improvement in the area. ;,} The proposed use of the property will not limit public access to i Winter Island. In fact, revenue from the Petitioner' s lease with ! the City ray generate income that will promote public use of I i Winter island. ! i On the basis of the above findings of fact and on the evidence presented a, t.:c ^. :?c hearing, the Board of Appeal concluded unanimously cleat the pr^pa;e '. :,U! promote the health, safety, convenience., .-:;id wzliare of ...__ < iahahitants and that the proposed use is in harmony with the Zoning Ordi an: c . ?_ccordin.gly, the Board unanimously voted in favor of granting a Special !-omit to the Petitioner. Tisa Soecial Per-mit is therefore granted in accordance with the following terms a!r2 conditions: c 1 T} The Petitioner may use an area on Winter Island, that will be defined by the terms of a lease between the Petitioner and the City, for use as a marina with not more than 208 slips. In i UGC! :. lillv - .';ALL1 SU U6;i) UIR'I:LUPIGtf[ CORY . FOR SPECIAL VUtI'C FOR A PARCEL, UI' LAND ON IITN'I FR ISLAND addition, Petitioner may construct a 30' x 40' marina support building at the site in accordance with plans submitted to the Board. 2) The Petitioner' s use of the area in question is conditioned upon the execution of a lease with the City. In the event that no such lease is executed, this Special Permit shall be null and void. 3) Petitioner will comply with all applicable Fire Safety Codes prior to commencing the operation of his marina. 4) Petitioner's use of the marina support building shall be limited to use as an office,- shower and laundromat and for the storage of marina equipment. 5) Petitioner shall sell no food at the site in question nor shall Petitioner sell gasoline, store gasoline or sell boats at the facility. b) Petitioner will, together with the Winter Island Commission, agree on a plan to give Salem residents priority for the marina slips. If no such agreement can be reached this Board will order such a plan for the marina's use. 7) ,Petitioner may store no more than four boats at the site and these boats mu.<,t be o-.-ned or operated by the Petitioner. Anthony X. Se:re/`.ar_v !� j1 47 COPY OF T'TS DECISION' 0M PLANS HAS BEEN FILED WITH Ti:E PLA''tiIN:C BOARD /,ND CITY C4 ?1:. w"r ,ty _ �C•� ..i J ^�.r+r+:ttM ` `r,�� "'�' ti�.b 5 r/� ..`u r �t i` y �� -y.rH �,/ { t .L i t a �"�' .`ry r t-!br.'•r'. .._ r � I{.r/' : 1 � /' i !rt 7�'rL - {r F,r�j';r t tr.�'t. ( .*�4t 5 e'_ � +'•� r '�j: ' ,f'-' r' ' } ( `n .-f. 1ft'�/t•: .;''` ''{\r rt'y d h''Siy''It r�'��i.��zrs�...a _ ,.�:-r <-'fr;',r� .. Jt r• ;; " S 'ti }3+ "y41e^!r�$Zrl Ky x i�2'ht lan�t4t � it �iF +s3 i" /'t \�: s l��>Y.l r'ra,�,�,tvji rtV tire,7t �h!{N�1+�- r'�4;.r�J1 h�'!N,At}.�� /TfffJ^ /'` )' wk. j .♦ r .\ -> � 1 f..+ �� { '"71 h` t.i�+tl +i .��V yl;rl ri l�Q `./' ♦`\ ,� -+. t J^t ttt�p+�ry.� '?r: t"e" }I�'C�I S�i t) r' .`4`lt!L'i , `r i{ r{,� a.,'R[y tt �,..�•r i i {r�, .. � n t "/� � �rlr� TL -!•3t,� \tri+t } ij )t.ti lr. 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F. t Gx S; ct.l cw V ♦Ut1 � �� - r r .. ., . � •`. �_. , 't .yam.. � , �_ ��♦ \\ • YA 4:Ivr. y41+ �.. >MJ laVt � _ '�• � Y L.Sn �YM ti i • iv NJ � I r .' yI Cl '� :Y � Cp Uctf� � �� 1 �=—•�� E � C9.'- .: _ � 4 r •➢1 !4i e> r 1�)� �II IT:�: 1 .iA Lx XA1'- L.y31i' er 1J >-qCr,lirl.4 E. q SNITCN CtoCXc �' •aL R •� 'w' \. .� �.i G��e �f/r rIc �� 1•� 1r1S, se Foot E - J �' �-..—oma•: ]�•+a4.� r. t T 1 YT�� O � '"/ sirrw. ts-:l{yam C t.CQ ETE >t v///111ay CALl6 1-.I!J4 CICr IICAS F\-.. tj .140 ". _ .. i• I fla tA.G LFAT I+i � a �W •C^ 1 •� 11/ ra .r :,il tq /��. ' c5 r, - �.r4t2 L"'+t a' .�Talu i..,;•. .,/1:•rtirs ..uv f ,�,� � )•t1,aJ z� V iA yJ -•: d as % >} '•.'y' tici�iY ` .. � ,!'. .VST: ' . q x r i — �� - . ! / �. .. •M"r{IS it �' 1, •l / �d} 1 r .� rE7� i 'A J F�ry Tg ro i \ ,r e (fro hw�a n..LMS h,fit Oi l commonwealth of Massachusetts Appk-4517, in ound 17< vc) >rmm �r Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §44 From SALEM CONSERVATION COMMISSION To Salem Sound Development City of Salem, C/o Winter Island Conin. (Name of Applicant) (Name of property owner) 23 ngresStreet, Sle s ree , am Citi• Hall, Salern Address Co _ Address _ This Clyder:s issued and delivered as follows: © 'by hand delivery to applicant or representative on (date) xxID by certified mail,return 'receipt requested on November 7, 1983 (date) This project is located at Winter Island, Salem, MA. The property is recorded at the Registry of Essex Book Page Certificate(if registered) The Notice of Intent for this project was filed on October 3 , 19N 3 (date) The public hearing was closed on— Octeber 13, 1983 (date) Findings The SALEM C'ONSI iZlh1'PZON COMht7SSI0'Q has reviewed the above-referenced Notice o; Intent and plans and has held a public hearing on the project. Based on the information available to the CONSERVATION COM,MISs ION at this time, the COMMISSION has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection under the Act (check as appropriate): C) Public water supply X g) Storm damage prevention U Private water supply O Prevention of pollution Ground water supply xf.) Land containing shellfish 0 Flood control ti£I Fisheries 5 1 f n,s'.c:.:,ai'„ in ,�,.c ut�ldnr, , ,,villi Ih,. I',.ifs nrn ;n.,.• aUu u:..ii r1'.; .;rl i,u lU ni I!ir i, i;r,L.I n rn'•, li, ��i ul �.l 1,oi , i i, i . Cat ckgd;lhnvo, Ihi; Ot,l: '! � r I ertl, .i ,,;;;;jrlrl ._. O�(Irr 11, It I'll w'', I i r, slI;I f (lvrf or n tl I irlcll with 5airl Cortddjot I ,rind%v;lh lhl r7ohf c of Int_=lt rta-.mnr,ocl ,�kruvw. To Hits t:xlent tha! thr, lot- J lowing cr)nddions rnoc ity or differ from lo,, Illans. >;Ixscilic;ui<xr;nr vlhur 4xopos;ilz: submitted with lh!9 Nollce, of Intent, the condition; shall control !I !I General Conditions I . Failure to comply with all conditions stated herein,and with all related statules and other regulatory meas. ores, 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, Gres, ashes, v refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. B. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. in the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the dame 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 suhmitted to thn. on !ha fame ai 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 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Consr,rvahon Commission shalt be o party to alt agency prn.ceedm(Is and hearings before the Department 1 1 Upon completion of the work descn`,}ed lwo,,n, tla'.i forthwith rogtlest in wwinry flint a Cei ldicale of Cornplianee he 755urd stating Thal Ihr work ha_:been=.aleV,actorily completed. 1 :' f Ili, work shali c(infnnn to the lolklwln,l p!.ulN ;cul eundihons i it I 1 . r ..r_. . _..��. This Order must be signed by a majority of the Conservation Commisslon. On this_ 27th I of October 83 Y __, 19 before me psrsonaf;y appeared the above-nam< d persons to me known to be the pnrson dasc:;bed In and who executed the foregoing instrument and acknowledged that he/she executed thD s::m9 }is/hor free act and deed. I // f 0 8 . ( "/)(-" 9-9-B8 Notary Fub!lc My commission expires The apps+cant,the owner,ally person aggrieved by this Order,any owner of Land abutting the land upon which I"proposed work is to be done or any ten residents of the city or town in which seCh land is located are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Order,providing the request is made by certified mail Or hand delivery to the Department within tan days from the date of issuance of this Order,A copy of the request sha at the same time be sent by Certified mad or hand delivery to the Conservation Commission and the applicant. Dalecn on dotted Ilne end submit to the prior to commenCemen of work. ............—.........................................................-----._...._................................._........ .................._...................:.._....._..___.---- To —.—_--_ _..._�.._.__.,___,._Iarul nq Authtvlty t'teese ne advised met the Older of Conditions for the pro', Iat�__.,�:_______. F,fe rv.,moer has been r,colded et the Regrstry of �__ �___ and been noted in the Chain of brip of the affected property to accordance wdh Gen,lm t;onnlLnn a on __ 19_,___. V recoweo land, the in,numnni number which rdenULes In,, fr ansaC hon rs I(1,grslefed lend, Ill, locument numtier which iderrbhes this tr.xts:+C U.»+tit AoorK uq ti dA i`t.ili h ' ,>Ililllli`.' r ' I l Ittll . - CUn;PiucL and M� IintIIn a 'I'i110 1 Piz-r-nntt-vrar.S'n.rract7.-ta', [ S__ Sa )(fm, IiA. (3 ;haeCst) 1-:1.-H I Daniel J. Lynch H23331 Cunno vai.hm (:Homo. Pile Bond Pier Elevation and SOCK011 �. Shoat 2--]plan of Marina and Pier Sheet -1'yp icai !iectians--N,a z'ina Float:. System) USCC Sheet 457 "Marblehead North" 'I Special Conditions(Use additional paper 0 necessary) 13, work shall conform to the above-referenced plans. 1.4 . No fueling facilities shall be installed without a new fili.nq . 15. No dredging shall be perfoonwo without a new filing . 16. Coast Guard approved oil absorbent materials shall be stored on site. 17. Calculations for the stability of the proposed pier shall be submitted to the Commission for approval prior to the commencement of work. 18. Pile-drive records shall be provided to the Commission within fifteen days of the commencement of work.- 19. Any site modifications not designated on the submitted plans (dated September 21, 1983) within 100' of the mean high water mark shall require an additional filing. 20. As-built drawings, stamped by a Registered Professional Engineer or Registored Land Surveyor, shall be submitted to the Commission prior to issuance of a Certifi- cate of Compliance. {Leave SYMO F O"O i I i 53A i , I M � Ill)vI roto:I 111 Dul l ;1 1 SI'ECI A1. PCIVA!'C WF.'PI.An US lain F1",h) HAZARD UIS'I'n ICT Cl I of !:alem/W 111 to Ir.I and 1-bion lI ou One Sa Ism G,oen Salem, MA. 019/0 O,I Thursday, tlovemher 1, I9B3, the Planning Dlln rd of the Clty of S.11" held a public hearing regarding the application of the City of Salem/Winter Island Commission/Salem Sound Development Company for a Special Permit under Section P, Wetlands and Flood Hazard Districts, of the Salem Zoning ordinance, with respect to the construction of a marina facility on Winter island, Salem, MA. At a regularly scheduled meeting of the Planning Board on Movcmbee 17, 19017, the Board voted, by a vote of seven in favor, none opposed, to .+ppr0ve the application as complying with the requirements for the issuance of the permit with the following conditions: 1. Work shall conform to plans entitled,'Plan Accompanying Petition of Salem Sound - Development to construct and maintain a Timmer Pier and Marina facility if, Salem, MA. lthree sheets: Sheet 1--Proposed Timeber Clearing Pile nl,L Pier Elevation ,unci Section; Sheet 2--Plan of Marina and Pier; Sheet 1--'typical Sections--Marina Float Systeml , dated Septe,nber 21, 1987, prepared by Ddnlel J. Lynch 9' 1:71 , and USCG Sheet 151 "Marblehead North," and letter dated November a. 1901, signed by Mr. Lynch. 2. This order does not grant any property rights or .any exclu:;ive privileges: it does not authorize any injury to private/public property or any iucasion of public/private rights. I hereby certify that a copy of this decision and plans have bum ,`fled with till- City Clerk and copies are on file with the Planning Board. This Special Permit shall not take effect unril a copy of On U inion hoat-04 the certification of the City Clerk that twenty days I.eo•.• rl.n• .r•I .and no ep,al has been filed or that if such .appeal. has kern filed, awl " Inc; ,.on dismird or denied, is recorded in the Essex County Ncuistr•: of Oce lti ..nd iodcsrd in the grantor index under the name of the owner of rerurd or P. I ,corino ao%i noted on the owner's certificate of title. The few for ornr!in; , , coy i�::erin•; shall be paid by the owner or applicant. Wait,, CL.0 rn:w. P!.un..vl P. .a.. y Iw Uo le - -1.17%::. .0, I In.,b, . •nd, 0.170 dor, h -. - •.u..... j.ton 9— ....H ,.Ind Yell r:.J Ar.1df hot i.• n1y'F5T a. ��_nr �Yf.'rrw ;olein, A,n,l � ia� :J��fs CiJurn�rrn�lncrsf��rll/r, o� ��llrr<S:S�zC�rcrdf'l��i - V 1- r SIu� .h....4 0/ 65 "A"»...... Z 2'.W"-Y �.:.....•r.� IYtnli�+a Ai W 02108 July 2, 1984 Salem Sound Development 23 Congress Street Salem, Ms. 01970 Dear Sirs: The Department of Environmental Quality Engineering is in receipt of the check for 452.00 In payment of the charges assessed to License No. 1061. The said License No. 1061, authorizing Salem Sound Development to perform certain work in Salem Harbor, in the City of Salem is enclosed. A copy of this license is being forwarded to the United States Army, . Corps of Engineers, 424 Trapelo Road, Waltham, Ma. 02154 for their information and records. Please notify this Department of the date this license is recorded in the Essex County Registry of Deeds, including the book and page numbers and the date the authorized work is completed. Vrry truLvwours , G .John .7'44ic JJr. i� Chief Engineer Waterways Regulation cc Corps of Engineers DEOE- Region III enc : License and Plan L. Form V"T..) 54 tot lje TOM111n11111ea[t!l of iMt10iMr1�1Wrtt1i Na. 1061 Salem Sound Development Corporation of Salem in the County of Essex ani CIth aforesaid, ha a applied to the Department of Environmental Quality Engineering for license to construct and maintain a timber pier and ha a submitted plans of the same; and whereas due notice of said application, and of the time and place fixed for a hearing thereon, has been given, as required by law, to the Mayor and City Council of the City of Salem i Nam xafd Dcpartmcnt, having heard aH parties desiring to be heard, and having fuIly considered said application, hereby, subject to the approval of the Govemor, authorizes and llocamm the sold Salem Sound Development Corporation subloct to the proviAons of the ninety-first chapter of the Caneml Laws_ and of all laws whfch are or may be in force applicable thereto, to construct and maintain a timber pier in and overthewaters of Salam Harbor in the City of Sales in conformity with the accompanying D. E.Q. E. License Plan No. 1061 (3 sheets) . A pile and ttnaber pine May be tonNtriiCted nod mai.nrained extending into Salem Harbor in a aouthweetterly direction a distance of approximately 240 Leet beyond the mean high water Line. Said pier may have a maximum width of 14 feet as measured to the outside of sideratls , and a finished deck elevation 14.0 feet above the mean low water datum. This license does not grant authorization for the bottom anchored float system to the south of said pile and timber pier. Permission must be obtained from the Harbormaster for the City of Salem. If authorization is received, a 48 foot long ramp may be placed and maintained at the southerly end of said pier to provide access to the float system. The structure licensed herein is limited to the following use: to provide permanent access for a proposed bottom anchored marim .facility. . Any change in use or substantial alteration of a licensed structure or fill, shall require the issuance by the department of a new- license in accordance with the provisions and procedures established in Chapter 41 of the Hassachusette General. Laws. Any unauthorized change in use or structural alteration shall . render the license void. Licenses granted by the .department pursuant to this _ .ychaptar shall be revocable by the department .for noncompliance with the conditions set forth therein. Please see page 3 for additional conditions to this license. Duplicate of Bald plan, numbered 1061 U on file to the office of said Department and original of said pbw acoompanics this License. and is to be referred to as a part her of. "Ilia amount of Ude-water displaced Iry the work hereby suthorizrd leas iwen ascertained by s j Department, and compensation.thereof has been made by the said Salem Sound Development Corporatic. scans a• No. 1061 Pegs 3 Nothing in this license shall be construed as authariring encroachment on or over property not ow-ned or controlled by the licensee, except with the consent of the owner or owners thereof. Acceptance of this license shell constitute on agreement by the licenses, to conform to all terms and conditions herein stated. This license is granted subject to all applicable Federal, Stats, County and Municipal laws , ordinances and regulations. This license is granted upon the express condition that use by boats or otherwise of the structures hereby licensed shall involve no discharge of sewage or other polluting matter into the adjacent tidewaters, except in strict conformity with the requirements of the local and State health departments and the Division of Water Pollution Control. This license is granted upon the further express condition that any other authorizations necessitated due to the provisions hereof shall be secured prior to the commencement of any work under this license. This license is granted upon the further express condition that the authorization contained herein may be modified or may be revoked in whole or in part in the event of the licensee, its successors and designs, failing to comply with said authorization or any provisions of the license or failing to maintain all authorized strictures and installations in good condition, to the satisfaction of the Department of Environment&L Quality Engineering-or its successors. This condition permitting modification or revocation of the license shall also apply in the event of the failure of the licensee, its successors and assigns, to secure approval under all other applicable laws , ordinances or regulations or failure to adhere to the conditions of such approvals upon receipt of such failure provided by an agency having jurisdiction. Revocation or modification of this license as provided herein shall be without liability to the Coaasonwealth or claim for compensation by the licensee, its successors and E assigns . i Sh1a license is granted upon the further express condition that the licen ,a.!""� E its successors and assigns , shall upon request in writing by the mens of Environmental Quality Engineering or its successors , chs a location i of said laver it to such depth, or raise it much Height, as said Departoent may prescribe or remove it entiral said waters , and said licensee, by accepting this license aha deemed to consent and agree to the condition herein set forth , andse of any refusal or neglect on the part of the licensee, its succeyaa s and assigns , to comply with this condition, then this license a e wholly void and the Commonwealth, by its proper officers , me oceed to remove or to cause the removal of said at th ense of said licensee , its successors and assigns , as an unauthorized --aitd-unlawful structure in said waters. ------------- .12rn+o wry, if)til raK, 4 !ry irayhrq ilio Qin trriuury of the Cmnuwnwcalth Two dollnra and no cent" , (52,00) for each cubic yard so displaced, being the amount hereby ursessed by raid Department (16 cubic yards) Nothing in (Ids License shall be so construod as to impair tha legal rights of any perstm This License shall ba void unless the same and the accompanying plan are rreordod within sixty-defya ►from the date herrof, in the Registry of Deets for the Southern District of the county of Essex It' TfftInrtiH U4tretta, said Department of Environmental Quality Engineering hive hereunto set their hands this Twenty–ninth day of May in the year nineteen hundred and eighty–four. Chief Engineer / /J/t/i Department of Division Directo � L/� — EnvfmnmentnlQuality Engt;noering THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by the acid Salem Sound Development of the further sum of Four Hundred Twenty Dollars and No Cents ($420.00) the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in land of the Commonwealth. ( 347 square f !j Approvrei by the C4verrtp r. ; i llr f f f� r AA 9 fb IS {.[r♦rtL1 .• "' y�y� W 1./ T� Ls(....o tn., 3 ..u..q Ham . ol� •lo k '��/f�1. �+I111eN c li .0 /��• • F NII<IM �LC1t ICS LKIa �•.I.r.aav r ♦vy *or MA" V C.r -V a.Tvn�a Qt,*ev w c r t G 4 y• wuwrr.a w L`�Jd'1I1RA�iM(1+T►��ANtiILHCMT D(K, Ir . CAM"jv. 9T 1 •• y� ' Vv1r.M 2v4p4c2'7 CIerGO.LC" L . v Ce. A 5a j tt ONC S^,Xu G(1CCN , SCM ISM. O1g10 Int 'S+1 S a, 3 •e2 LcNo4s Hor`[f - WIWTte- r-5uKv ,i k ji C) �' [ 4.1 $.A • � v re I I � •I ly,yl 61 11.s pr Mr ti r ( a�.T 77 F Ir MIf11 1 I YI I,•,s% t 0 J V Q oI 11.0 11.4 11.. �p I>t.• I I � !�77 huRlw A.Aa LfAI ACGOMPA NY WG PfIT10►1 j a 1.. �. �' ►LCN S�u�� C��L�ofwcur w.1p_ �y 0. 1waC Nal- L r LIipC r4L1 a►r rw Z 40 a.vw 11 Cw et P4* M[w fR«ati•.C«k.A�.w+rr 4 cM tl 4.e [. M 6,4.- J9�� FLI f ♦ ry�.a . T,. C14 11fo,_9 ffir + f# iV"� O.G. got CO .1 a.t SRT ua.�. '�w trrs v u J+oc 6�+r ra R69 8 COf. Pea ao r fw. #art Mw �f�, •1.tev. , (' � dsa.•W�iC9 ac crus. - IT r* a V..i #t J* - 0ANort �, .. .r�f►*'+n..r I i i r ' �it�rrli0. TV�I(.a.(» 7eF.a/A �a aJT -.ji e� ♦ n w s � .. t tlC[NSE Rt.AN N0 10GJ . br D4,wrwrx w 0 pr } �:Ali ?!Hutu cion rl hCr( N [Vf I 70 ' ?�• t ♦� L) 11[ �(7Ab C' eF rl1[ FMO{ 'sGD 4tsit,KA tS �4►f't' ,,,e��r f -_i�SC.H Sl H pil.Q C�Q.t°S 3 t S Kor i H O�C..TYt's h^i �+u.•t wad S „ �i r cT 4) {.Y}�r L r7 U�d4 U'1 r�a�ea�,.[rKw.r tion W04-r. h.tO cc''��rr iii 7 n"_ — Thi C.A J» �5WC- +o•s 5_ +.I At2t"A. Vi, ST OrW" '1 ; riiiq ie` ya UCENSE PLAN N0. ►L.t �GGaM�A.1�i++Cr ri(ntios! 4 , * kU4rr. ov L am► o a r 10 GuSrtrcr Auo MAjUr)wij A lil4tj a Rtf2 t»+c* r 1i», .. H:OININM1 �' CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT November 9, 1984 (617) 741-1800 Re: Salem Sound Development Corp. Vs. The City of Salem Thomas Bussone, II, Esq. Segal, Edelstein 6 Bussone Attorneys At Law 21 Broadway Beverly, Ma 01915 Dear Mr. Bussone You are cordially invited to attend the next Board of Health Meeting scheduled for November 20, 1984 to be. held at 9 North Street (2nd floor) Salem, at 6:30 p.m. ' Sa At that time, discussion will take place re your October 18, 1984 letter. . received .by this department.. .Very truly yours, FOR THE BOARD SOF �HEALTH ROBERT E. BLENRHORN Health Agent REB/ • S FGAL , EDE LSTEI N & i3USSONE ATTORNEYS AT LAW OCT 1 91984 21 BROADWAY CITY OF SALEM BEVERLY, MASSACHUSETTS 01915 HEALTH DU`r, RALPH J.EDELSTEIN 927-22n JEROME A. SEGAL 774-2197 I THOMAS BLSSONE,II AREA CODE 617 MICHAEL EDWARD CASEY October 18 , 1984 I Robert E. Blenkhorn City of Salem Health Department 9 North Street Salem, MA 01970 Re : Salem Sound Development , Corporation vs . The City of Salem, et al . Gentlemen : Please be advised that on August 31 , 1984 I filed a Motion to Dismiss in the above-mentioned matter . The Motion was heard on September, 18, 1984 and after taking the matter under advisement , the Court denied our Motion . Enclosed is a copy of this Motion. As you can see by the Motion , I argued that you are not liable as individuals and that the Plaintiff's Complaint does not apply to You as individuals. You should not interpret the Court 's denial to mean that you are , in fact , personally liable in this case . In fact , the Court agreed with many of our aguments but I believe was of the opinion that the case was so complex that no issue should be resolved on a Motion to Dismiss. As a result of the Court's denial , I then filed an Answer in your behalf denying all of the Plaintiff' s allegations. I have also enclosed a copy of this document . Also be advised that this case has now been transfered from the Superior Court of Essex County to the Federal District Court in Boston . This was a result of your City Solicitor adding the Army Corps of Engineers to this case . The transfer does not in any way affect your position in this case . My office will continue to represent you in this matter and will keep you informed as events require. i . , D ELS TEI N 6 t3 US SONE If there are any questions , please do not hesitate , co contact me . Very truly Yours , 1 SEGAL, EDELSTEIN & BUSSONE � II Thomas Bussone , II ' TB/jt Enc . 1� 1 I i 1 i it .I I i III I� i, ,i it J �f r Ii EOCT 1 91984 CITY OF SALEM HEALTH DEPT, COMMONWEALTH OF MASSACHUSETTS i ESSEX, SS. SUPERIOR COURT j CIVIL NO. 84-1793 T Salem Sound Development Corp. , : Plaintiff VS. MOTION TO DISMISS COMPLAINT PURSUANT TO MASS. R. CIV. City of Salem, et al, P. 12 (b) (6) Defendants Now come the Defendants Robert C. Bonin, Patrick F. Scanlon, Vincent Dibona, Arthur J. Kavanaugh, Arthur J. Johnson and Arthur F. Kingsley, as they are individuals, and hereby move this Honorable Court, pursuant to Mass. R. Civ. P. 12 (b) (6) , to dismiss the Complaint against them, upon the ground that said Complaint fails to state a claim against them as individuals upon which relief may be granted. j ' In support of the present motion, the Defendants say as follows: 1. The present action arises out of, and concerns, an j alleged leasing agreement between the Plaintiff corporation and j the Defendant City, and the alleged wrongful acts and omissions of the said Defendant City and the Defendant Board of Health committed with respect to the said leasing agreement. 2. The Plaintiff's exclusive remedy against the said Defendants for their alleged wrongful acts and omissions is by way of M.G.L. Ch. 258, Secs. 1-13. is 3. M.G.L. Ch. 258, Sec. 2 provides, inter Ajia, that, "no such public employee...shall be liable for any injury or loss of property or personal injury or death caused by his negligent or wrongful act or omission while acting within - the scope of his office or employment. . . " 4. All of the allegations against the present Defendants L.[D[LSTZIN relate to alleged wrongful acts or omissions committed by them sussoNE in keit capacity Ad members '2f JhC Defendant ltd al Health, O Nrn At uw 1 "IIO Av ♦.YAMACNU{RTA 011■ I .Nltl N] 3311 j 5. Therefore: a. the present Defendants are not liable as individuals to the Plaintiff as a matter of law, and b. none of the counts in the present Complaint in fact apply to the Defendants as individuals. WHEREFORE the Defendants move that this 4ourt dismiss the Complaint against them in their capacity as individuals. Respectfully submitted, The Defendants, By their attorneys, SEGAL, EDELSTEIN & BUSSONE Thomas Bussone, II 21 Broadway Beverly, MA 01915 Tel . (927-2211) �i y I ( r 's DELSTEIN SONE Y1 AT uw AY l aACausaYn i na •aYsa++ f i rt�' J3 ZERIIEIELIE LE SERVILE I , Thomas 8ussone , II , hereby certify that on August 41 , 1984 1 mailed, postage pre—paid, a copy of the within Motion to Dismiss, together with WIjILCE that t'. I would present the same to the Essex Superior Court , Peabody Sitting, Peabody District Courthouse , Peabody, kj MA on September 18 , 1984 at 9:30 A .M. , to: Timothy J. O'Keefe , Esq . , 10 Chestnut Street , Peabody, MA 01960 . Signed under penalty of perjury, ? I, t' Thornes 8ussone , 11 SR' i 4• E• i V i 1` �i ` r t tY) C EDEl6TEIN 66ONIE ri AT uw :} inowowAr u+aaxc+rw[tis anis nr pnan k ! ! i i 1lLD SiArES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS ,{ CIVIL ACTION NO. 84-3131 -44 ------------------------------ D � II�� ALEM SOUND DEVELOPMENT ORPORATION, OCT 19 %4 Plaintiff CITY OF SALEM S . HEALTH DEPT, j HE CITY OF SALEM, AND OBERT C. BONIN, PATRICK F. ANSWER CANLON , VINCENT DIBONA, RTHUR J . KAVANAUGH, RTHUR J. JOHNSON, AND RTHUR F . KINGSLEY, ALL NDIVIDUALLY AND AS THEY ARE HE MAJORITY OF THE SALEM BOARD OF HEALTH, AND THONY V. SALVO, INDIVIDUALLY D AS MAYOR OF THE CITY F SALEM. t i The Defendants, Robert C. Bonin, Patrick F. Scanlon , incent Dibona, Arthur J. Kavanaugh , Arthur J. Johnson , and rthur F. Kingsley, as individuals and not as they are members f the Salem Board of Health (herein referred to as " the efendants" ) answer the numbered paragraphs of the Plaintiff's omplaint as followsa I 1 . The Defendants are without sufficient knowledge to admit or deny the allegations of this paragraph and call upon the Plaintiff to prove same . 2. Admitted. 3. Admitted. , 4 . Admitted. I 5. Admitted. 76TWIN 6. Admitted. ivc 'uw 7. Admitted. B. Admitted. uu I Y . The Defendants are without sufficient knowledge to admit or deny the allegations of this paragraph and call upon the Plaintiff to prove same . -'LllL•JI 1 10 . Denied . 11 . Denied . s 12 . Denied. 13. Denied. 14 . Denied. S 15 . Denied. 16. Denied. i$$s 17. Denied. G' I IMT 11 �, Count lI of this Complaint does not refer to your Defendants, and therefore no response from your Defendant Is , required. 1)DU1 III ¢ Count III of this Complaint does not refer to your p; Defendants, and therefore no response from your Defendants is required, n1�uu Count IV of this Complaint does not refer to your Defendants, and therefore no response from your Defendants ', is required. E1R4T DEEEMSE The Plaintiff ' s Complaint fails to state a claim upon which relief can be granted. AFrnw QFFFNSF The Plaintiff's Complaint falls to state a claim upon which relief can be granted against the members of the ELSTE'N Salem Board of Health In their Individual capacities. SONE •e*eew IH i Rn nFFFWCF owe, "0~°�^• The Plaintiff has failed to exhaust its administrative remedies and has thereby deprived this Court Jurisdiction i over the subject matter of this Complaint . EDUSIH AEEEMSE J: The Defendants say that the purported lease is invalid . EIEIH DEEENSE � Y: The Defendants say that if the Plaintiff suffered damages , the damages were caused in whole or in part by the Plaintiff' s own negligence . S-LXI.0 DEEEMSE The Defendants say that if the Plaintiff suffered damages, the damages were caused by a person , persons or entity by 1 011 whose conduct the Defendants are not responsible . SEUENIH DEEENSE The United States of America has a reversionary interest in the subject matter of this Complaint thereby depriving this Court of jurisdiction . WHEREFORE, the Defendants demand thats 1 . The Plaintiff's Complaint and each and every cause of action and Count therein be dismissed; 2. The Defendants be awarded costs incurred in. this A y; action , and; �. i" is This Honorable Court award such other relief as it deems equitable and just . DEMAND FOR A JURY TRIAL ON ALL ISSUES SO TRIABLE TO A JURY. Dated: October--/Z_ , 1984. Respectfully submitted, ' The Defendants By Their Attorneys SEGAL, EDELSTEIN & BUSSONE Thomas Bussone , II 21 Broadway Beverly, MA 01915 Tel . (617) 927-2211 CO[LSTCIN SSONIE :rs AT Www MA0W.Y wwc�uur» - ne I nr xan