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WINTER ISLANDt WINTER ISLAND o"<<''i' i� < Winter Island Commission Office - City Hall 93 P, ashington Street Salem, Mass. 01970 October 2, 1984 To: Mayor Anthony V. Salvo Council President Jean Marie Rochna Members, Salem City Council Department Heads, City of Salem From: Gary M. Moore, Manager J Winter Island Commission Salem, Ma. 01970 Re: Winter Schedule - Winter Island The Winter Island Commission and I are happy to report that we are able to offer the citizens of Salem limited winter time access to Winter Island. Effective October 13, 1984 through April 28, 1985, the Second Season Schedule will take effect. The island will be open Saturdays, Sundays, holidays, and during the Christmas, winter and spring vacation periods, from 9:00 A.M. to 4 P.M. Additional weekday hours during the months of October and November will be offered as weather dictates the continued opening of Jillian's Snack Bar and windsurfing activity, excepting Mondays and Tuesdays, when the island will be closed on a regular basis. Please be aware that these weekday hours will be erratic at best. _,. One to two staff will be present to monitor activity on the island. They will be mobile (not fixed to the gatehouse) and will have access to help via a mobile, cordless, hand held telephone. No fee collection is anticipated. We will be attempting to develop a program of Winter Time Fun, ie. sledding, ice skating, cross country skiing, etc., as well as encouraging the school department to make use of the island during the weekdays for educational purposes. Revenue enhancement may be achieved by offering the sale of coffee, hot chocolate, donuts, and snacks by the Commission. These details are being assessed now for possible implementation as the Second Season continues. The prospect of increased utilization of Winter Island over the fainter months is a very positive step in the continued process of revitalization. As has been the experience of summer time use, visitors to the island are most often those who appreciate her the most, and add an important dimension of security and care. Your comments regarding the Second Season Schedule and other plans are most welcome. We will continue to need the broad base of support and help that has been offered and provided in the past by many officials and department employees. Office — City Hall 93 Washington Street Salem, Mass. 01970 (9ifu of �Ulenl, uutfe October 30, 1984 Winter Island Commission Michael E. O'Brien, City Solicitor City of Salem Salem, Ma. 01970 Dear Mr. O'Brien, IDDow OCT 311984 D CITY OF SALEM HEALTH DEPT, You may be aware that Winter Island is open for a "Second Season", October 15, to May 1st, five days per week, Wednseday through Sunday, during the daytime. Another financially successful summer season, coupled with the availability of non -city paid staff from the American Associa- tion of Retired Persons, has created the opportunity for continued public access and enjoyment of Winter Island on a near year round basis. This means, also, that security of the island will be enhanced. Support ser- vices to the public, however, remain scarce, especially since Jillian's is now closed until next spring. I have proposed and have received support for the establishment of a "Coffee Stand" at Winter Island, using a small rehabilitated white brick building with take out windows. I have discussed such a plan to sell coffee, hot chocolate, donuts, and other pre-packaged snacks with Bob Blenkhorn, Health Agent. He encouraged me first to review such use and activity plans with you to be sure that they are in keep- ing with all applicable ordinances, agreeements, etc. The Coffee Stand would operate on Saturdays, Sundays, certain hol- idays, and vacation periods between now and the time that Jillian's reopens in the Spring. It would be operated by the City of Salem, Win- ter Island Commission, with receipts generated offsetting operational costs and expenses. It is not expected to generate a surplus or profit,; but rather, to provide a public service, enhancing Second Season visi- tation, use, and enjoyment of Winter Island. Please advise me at your earliest convenience regarding any restric- tions, prohibitions, or other legal impediments to the establishment of a Coffee Stand at Winter Island for "Second Season" enjoyment. Sincerely, Gary M, Moore, Manager cc Anthony V. Salvo, Mayor Robert Blenkhorn, Health Agent Gerard Kavanaugh, City Planner File, Winter Island Commission CITY 0 Dr. PHILIP H. SAINDON ; Ir(31 . at3FFR=N. ROBERT C. BONIN FREDERICK M. PIECEWICZ, M.D. Patrick F. Scanlan Mayor Jean A. Levesque City Hall Salem, Massachusetts 01970 October 13, 1981 ROBERT E.BLENKHORN HEALTH AGENT (617) 745-9000 Dear Mayor Levesque:_ C I am enclosing Winter Island_Proposal by James F. Armstrong and Charles V. Cole, dated September 20, 1981. If approval is to be granted for this proposal, the following Board of. Health requirements must be invoked: 1. Adequate water supply 2. Toilet facilities 3. Washing facilities 4. Sewerage disposal 5. Refuse storage and disposal 6. Adequate measures for life and fire safety 7. Accepted policy for the keeping bf animals with veterinarian services In addition, this proposal must meet with other city department code requirements as well as zoning and variance requirements, approval of the City Council and the Winter Island Camassion. Very truly yours, FOR THE BOARD OF HEALTH R�BERT E. BL=FORN Health Agent REB/g encl. t t.caart4, J' its �tf ��Sttl�zzz, C�schlis�t One Grren OCT .8 REQUEST FOR REVIEW COMMENTS ' a 1p8 CITY OF SALCM SPECIAL PERMIT HEALTH DEPT. DATE: October 18, 1983 TO: ( ) Building Inspector ( ) Conservation Commission ( ) City Engineer ( ) Other:. ( c`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 ( ) PLANNED UNIT -DEVELOPMENT APPLICANT: Salem Sound Development Co. PROJECT NAME & ADRESS: Winter Island Marina --Winter Island, Salem CONTACT PERSONS AND PHONE: Applicant: Daniel Lynch City: Marblehead, MA. 631-6145 COM2IENTS DUE BY: November 1, 1983 (Failure to comment within 35 days shall be dee_ed lack of opposition.) ( ) Concur with proposal (Explain on reverse side) ( ) Need more information (Explain on reverse side) ( ) Cannot concur with proposal (Explain on reverse side) ( ) Comments included REVIEWER'S SIGNATURE TITLE DATE Ine 01pe po14W.-auvvnienlaI �-- t 700 Z�am�rtilSe JCreel ,qcsfcn, A&Ua aelL, 02202 MICHAEL S. DUKAKIS GOVERNOR JAMES S. HOYTE SECRETARY CERTIFICATE OF THE SECRETARY OF EiVIROI IENTAL AFFAIRS ON ZNVIRONHEVTAL NOTIFICATION FORM j PROJECT NAME Winter Island `farina PROJECT LOCATION Salem EOEA NIMBER 5007 ': PROJECT PROPONENT Salem Sound Development Corporation CITY OF SALEM HEALTH DEPT, DATE NOTICED IN MONITOR: November 23, 19S3 Pursuant to M.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 mooring sites be allowed in the area between the Shvagacion Channel and Winter Island. Thlat area includes the same area proposed For the marina.. it is understood that the mooring plan will be modified to eliminate the marina site and all areas needed for access. The current marina proposal has been allocated only 90 par ing spaces by the Winter Island Commission. %his will probable meet the parking de=ad for the i50 slips under average conditions, 3 but probably will not meet the demands on peak use days. (i.e. 'th of Jul.V and Labor Day.) The peak- demand on such days at the par? would also include the demand for the restaurant, For wori:ers at the refurbished han er, for individuals with cars and trailers who have used the on-site boat launching ramp, for individuals enjoying the marine site for picnicf:ing,, recreation or visiting the nistor7.C. site, et•c., as well as for those individuals using the public beach. It _ obvious that use of the czarina for dingv access to the 150 proposed mooring sires, or to the 375 existing permitted mooring sites would overta', the present'_.: available parking at the park (150 to 170 spaces)• Conseaue..tly, the proponent .has indicateG that access to the mooring sites :.ill FORM B Winter Island Marina EOEA ;,'5007 Page Two utilize five other Salem and Marblehead sites, but not the Winter Island Marina. If the Winter Island Marina should be considered for such access in the future, `!EPA should be notified of a project change under MEPA Regulation 10.16. While I have considered that boaters would not be parking remote from the ?farina in the adjacent community, picnickers or swi=,ers may be so inclined. I recommend that the Winter 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. DEOE has reviewed the sub—surface disposal planks and concluded that they indicate that Title 5 requirements will be met. December 27, 1453 DATE fE$ S. H C T f JSH/DS/dc DANIEL J. LYNCH P. E. 210 •'..hingun, M.. M,,h1.h..4. Mr... 01945 631.614S Nov. 6, 1983 To :+'hom It May Concern ENGINEXHING 0 CONSTRUCTION As of this date, this office is not responsible for the use and/or information on any plans be,�ring the ReEistration of Daniel 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 ,ice simply a policy of this office. .J.PknVh, P.E.. DANIEL J. LYNCH P. E. 210 Washington Sto Marblehead, Maes. 01945 ENGINEERING & CONSTRUCTION 631.6145 JAN U ; jr, Sr i:Fi'M: I_: :aLTH DEFxf. Jan. 6, 1984 Mr. Robt. Blenkhorn Health Agent City of Salem 9 North St. Salem, MA 01970 Dear Sir: Re: Sanitary Waste Disposal Winter Island Marina Persuant to our agreement and my conversation with Mr. Fair today; we are holding open and will appear at your Board meeting on the 17th of this month for approval of the above mentioned system. We shall at this time present to you Commonwealth of Mass. Dept. of Environmental Quality Engineering approval of our design as your requested prerequisite at our meeting in your office Friday Dec 16th 1983. In keeping with our leqse agreement for the prompt and expedi- tious resolution of the applicable permit processes by'tr,e various agencies,; we ask for your cooperation in this matter If for any reason there is a change in time or a misunder- standing of the above date as agreed upon please notify this office or Mr. Kelley at 744-2727 immediately. .E. for SALEM SOUND DEVELOPE14ENT r ROBERT E. BLENKHORN HEALTH AGENT (617) 741-1800 Oct. 18, 1983 Nov. 23, 1983 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 9 NORTH STREET INDEX Request for comments: Special Permit Applicant: Salem Sound Development Co. Project Name: Winter Island Marina Certificate of the Secretary of Environmental Affairs Nov. 6, 1988 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 Registrationcof 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 theit appearance at the Board of Health meeting of Jan. 17.1 1984, 4nd 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 bythe 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.— .i 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) e 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. Lyneh, 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 Health 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. Feb. 22, 1984 Letter to the Health Agent from Timothy J. O'Keefe dated Feb. 22,1984 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 June 12, 1984 Agenda: Tuesday, June 19, 1984 Minut^_s: Tuesday, June 19, 1984 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 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 ANTHONY D. CORTESE, Sc.D. Commissioner 747-5194 935-2160 Daniel J. Lynch, P.E. 210 Washington Street Marblehead, MA 01945 Gentlemen: r/l/Ca�r�o�lrrin �fJo.f/oi� _ �/�wl�arrrf/l �O�con O �'23, /(r%-Jlo.r/on, ✓li�rn! �f��eri. �////-,�7 O/rl'(/ January 9, 1984 Jn l^x 7'841 RE: SALEM - Subsurface Sewage C11 p ±_)F 5ALEM4 Disposal System HEALTH DEpt, Salem Sound Development Corp. Winter Island Marina Support Building 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 Thomas F. Clougherty at the above noted address or at 935-2160. Very truly yours, William A. Krol, P. . WAK/TFC/mes Deputy Regional Environmental Engineer cc: Salem Board of Health, One Broad St., Salem, MA 01970 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STRI:ET HEALTH AGENT (6»)741 18001 JANUARY 12, 1984 AGENDA Tuesday - January 17, 1984 I. Called to Order 7:30 P.M. II. MINUTES OF TILL 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 iffilaud Marina / 1. Letter dated January 6, 1984, Daniel J. Lynch, P.E." 2. Letter dated January 9, 1984 from Commonwealth, D.E.Q.E.J RE: 3. •Letter from Commonwealth of Massachusetts RE: Winter Island.Marina, Salem Sound Development Corporation D. highland Avenue Drainage 1. Letter dated January 10, 1984, Louis C. Mroz E. Water 'Main Break, Salem Water System Letter dated January.5, 1984, Mr. Thomas W. Knowlton, Superintendent of Salem and Beverly Water Supply Board F. Lettef dated December 19, 1984. RE: Request For License To Pracftae Massage in ttic City OL Sa1.em V. MON'T'HLY REPORTS OF DEPARTMENT VI. NOMINATION AND ELECTION CLERK OF THE BOARD CHAIRMAN OF THE BOARD VII. OTHER BUSINESS VIII. ADJOURNMENT FOR THE BOARD OF HEALTH jo , f --,a BERT E. BLENKHORN HEALTH AGENT t MINUTES OF JANUARY 17, 1984 BOARD OF HEALTH A regular meeting of the Board of Health was held at 9 North Street on Tuesday January 17, 1984 at 7:30 P.M. Present at the meeting were Peter Saindcn, 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 MEETING 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 Board 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 'matter of information. PICKMAN PARK SUBDIVISION Attorney Beatrice gave brief summary of project(Special Permit 204) said project was approved in 1977 by the Planning Board but the Economy was bad and couldn't built. They had to resubmit proposal. Received Renewal in August 1983. Filed for subdivision coming up for public hearing. Restrictions on Special Permit are the same. Have met with tte Planning Board many times for a 2 to 3 year period. Sewerage System will take sufficient water then and now. No cost on city all maintained by agreement (plowing, Rubbish removal)this is a part of subdivision control. 28 Acres donated to conservation. Limited to (186) units a year. Charlie Fredricksen said this proposal_ is up before the Planning Board Thursday. (History of this project, it was fully approved in 1977). Bob Bonin asked about water and sewerage problems ? Charlie Fredricksen said City Engineer gave full approval. Bob Bonin said there is a problem with Drainage and Sewerage in this area. Charile Fredricksen said all he can go by is City Engineers approval, an Impact Study was done by Jim MCDowal City Engineer. Reviews approval, Drainage System is Adequate. (Reviewed in last 6 weeks). Patrick Scanlon wants to check with the City Fire Department and City Engineer regarding this development. Bob Bonin said we need more information. There are alot of problems with water and sewerage in this area. MUCH DISCUSSION TOOK PLACE Attorney Beatrice added Question For The Record He was here tonight with a Engineer to answer any questions. Bob Bonin said there are alot of questions regarding this area that have to be answered by the City Engineer. Patrick Scanlon feels we need more time and information. Motion of Bob Bonin, seconded by Patrick Scanlon it was voted to Defer decision until the next meeting of the Board of Health reason being, need more information from the City Engineer. PROJECT RAP Project rap understands the Board of Health had to cut back but is requesting a recommendation to the Mayor from the Board of Health to increase the budget of Project rap $500.00. MUCH DISCUSSION TOOK PLACE Peter Saindon Chairman said he has no problems with Project rap and if they can save one person he will support them. Bob Bonin, Said the Budget had to be a level funded budget therefore, they had no choice but to cut the Project rap. On a Motion of Patrick Scanlon seconded by Dr. Reines it was voted to Consider granting additional $500.00 to Project Rap and hope that the mayor will find monies in Non Health Accounts. Bob Bonin - Opposed SANITARY WASTER DISPOSAL WINTER ISLAND MARINA Mr. Lynch said that they want to put in a leaching field for Salem Sound Development Coporation, he spoke with Mr. Clarity at D.E.Q.E. and said he would recommend approval just for leaching field. Health Agent Blenkhorn read a part of D.E.Q.E.'s letter aloud as follows: D.E.Q.E. has reviewed the sub surface disposal plans and concluded that they indicate that title 5 requirements will be met. also 2 letters received on January 17 by George Novak and Jean Marie Rochna were read aloud in opposition to this leaching field. Plan was layed out on the table for observation. Mr. Lynch pointed out where the leaching field would go, and stated that he wasn't asking the Board for a variance just for an approval. "Brand New Field, Can We Use It?" Health Agent Blenkhorn stated no approval will be given if it doesn't meet with the requirements of title 5 Discussion Took Place. Mr. Lynch wanted to know if he should ask for a variance? Health Agent Blenkhorn stated if it doesn't comply with title 5, yes, they should request a variance. This calls for clarification of D.E.Q.E. letter. Mr. Lynch explained plans to Board Members. Health Agent Blenkhorn stated if this plan does not comply with the requirements of title 5, His recommendation to the Board is that the request for approval be denied. Mr. Lynch requested temporary approval for use of a holding tank. On a Motion of Dr. Reiens seconded by Bob Bonin it was voted to denie request for approval for a leaching field. Mr. Moore stated he was quite suprised regarding the communication linkage understanding. Mr. Lynch will send written approval for a request for a holding tank. Mr. Kelly stated he answered an add to build a marena, they went right by regulations. Mr. Hobbs spoke in favor of this issue. Mr. Pierce, Mrs. Pierce spoke in opposition regarding this issue. HIGHLAND AVENUE DRAINAGE Health Agent Blenkhorn explained issue to the Chairman, and read letter from Louis C. Mroz, Director Constituent 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 WATER SYSTEM 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, seconded by Dr. Reines. All in favor. Accepted. MEETING ADJOURNED AT 10:30 P.M. Respectfully submitted, Karen J. McClory .. r COUNCILLORS -AT -LARGE 1983 JOSEPH M. CENTORINO JOHN J. GIARDI BRIAN T. O'KEEFE JEAN MARIE ROCHNA (ft#V Of �ttlem, �I�t�s r43ASAS OfEire of thE (9itu (90uncil (gag Pal STEPHEN P. LOVELY PRESIDENT JOSEPHINE R. FUSCO CITY CLERK Mr. Philip H. Saindon, Chairman Board of Health Salem, MA. 01970 Dear Chairman and Members of the Board: WARD COUNCILLORS 1983 GEORGE A. NOWAK JOHN F. NESTOR, HI STEPHEN P. LOVELY FRANCES J. GRACE JEAN -GUY J. MARTINEAU JAMES M. FLEMING JOHN R. NUTTING January 17, 1984 4 RECEIVED JAN 17 10-RAd L :.r • A (H DEPY. I would like to ask the Board of Health to deny the request of Salem Sound Development 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 bast. Very truly yours, ROBERT E. BLENKHORN HEALTH AGENT (617) 741-1800 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 Michael E. O'Brien, Esq. City Solicitor City Hall Salem, Massachusetts 01970 Dear Attorney O'Brien: January 19, 1984 9 NORTH STREET The Salem Board of Health would appreciate legal assistance regarding the request -'of -Salem -Sound Development to install a 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 5 of the State Environmental Code. Thank you for your cooperation. Very truly yours, FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN HEALTH AGENT REB/g' cc: Mayor Anthony V. Salvo Council President Rochna City Councillor Nowak Winter Island Commission encs. Planning Board Daniel J. Lynch, P.E. 210 Washington St. M'head I I.iANIEL J. LYNCH P. E. 210 Washington St., Marblehead, Mess. 01945 — ENGINEERING & CONSTRUCTION 631.6145 January 31, 1984 Salem Board of Health Nine North Street Salem, MA 01970 Attention: Mr. Patrick Scanlan, Chairman RE. Sanitary Waste Facilities — Winter Island Salem Sound Development, Lessee Dear Mr. Scanlan: RF7CE3VE1® FES 2 ' pQ4 CITY OF SALEM HEALTH DEPT. We request a hearing for the February Board of Health agenda for submittal and approval of a sanitary disposal system under P 15-18 or Title V of the State Sanitary Code "Miscellaneous Disposal." A DEQE approved copy of the proposed plan is attached hereto and includes lay— out. e float pump—out facility for boats. yours, /kA/V— Lynch, P.E. cal CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT February 2, 1984 (617) 741-1800 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 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 �D(/' ROBERT E. BLEN11IORN HEALTH AGENT REB/g encl. �A3 i 4 .�f ROBERT E. BLENKHORN HEALTH AGENT (617) 741-1800 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 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 9 NORTH STREET A. Sanitary Waste.Facilities - Winter Island (Time 7:30 P.M.) 1.Letter sent to City Solicitor, dated January 19, 19841 RE: Requesting Legal Assistance Advising that the Board did no approve the Design Plan 2.Letter to -Patrick Scanlon, Chairman, dated January 31, 19841/ 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.F..., dated Flbruary 15, 1984 RE: Salem Sound Development disposal system 6.List of Residents of the City of Salem, Opposed / RE: fainter Island Marena ✓ B. Pickman Park Subdivision (Time 8:00 P.M.) 1.Letter sent to Planning Board, dated February 2, 1984 AE: DI BIASE 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 i-?harf RE: Modification of Area Rear Victoria Station T. MONTHLY REPORTS OF DEPARTMENT VI. OTHER BUSINESS VII. ADJOURNMENT MINUTES OF N''LBRUJvEY 21,19tY� BWRD OF HL:ALTH re;ular meeting of the Board of Health was held at 9 north Street, on :U: =.day r'ebruary 21, 1984 at 7:00 P.M. Present at the meeting were _L:trick :;can__on, Chairman and Members Bob Bonin, Peter Saindon, Dr. Eric i`.eines uid Health Agent Hobert Blenkhorn. Also present were Uouncilor Lenny iecrry, Charles Fredricksen, Planning Board, Ann Dominic, V.N.A., and Richard w:,nson, Engineer a C:,LL i 14EETII1G TO ORDER Pl__NUT�S OF PREVIOUS MEETING 7:00 P.M. On a Motion of Peter Saindon seconded by Dr. Reines it was voted to accept to minutes of the previous meeting idUiGTHLY REPORTS V.N.A. working towards improving communications problems will keep posted. telth Agent Blenkhorn was inquiring about the draft agreement (contract) V.N.A. should put together regarding services that can be provided ir,n Dominic said she will check out the situation ACCEPTED AS INFORMATIONAL -1:1 :i BUSitESS 1;HARF ISSUE c 1ti r.gent Blenkhorn stated he still gets complaints of residue being flushed opt 'rack of� resturant, he also stated he had not received any response, should t:. e something done next meeting. D.scussion Took Place Patrick Scanlon stated we should get in.touch with president of neighborhood group to discuss this issue. !'0' ` ;1Y REPORTS razrick Scanlon inquiring about Resturant Inspection Agent Blenkhorn stated Board of Health strives to get 1.00 per cent perforr,.ance to code 1JisCussion 'Took Place t'rtrick Scanlon asked Health Agent the cost for permit Izalth Agent Bllenkhorn said $25.00 for service. Takes time to .cplain layout plans and there are 2 sate visits, especially �-Icn someone new is opening a resturant-. very time consuming. Patrick Scanlon stated we should consider -increasing fees, something we should keep in mind. Dr. Reines asked if these fees were in oi_ir. budget? Health Agent Blenkhorn stated these fees go into general funds Accepted As Informational 9 N E'ER ISLAND Patrick Scanlon stated that a letter received February 13, 1984 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 item from the Agenda because it doesn't appear to be ripe for iiscussion due to the City Solicitor's opinion. Applicants are not in favor of withdrawing application Patrick Scanlon stated that this issue has no standing before the Board based on legal opinion, therefore application is not 1Deing discussed. Motion presented by Bob Bonin, seconded by Dr. Reines, To Re -.move the Sanitary Waste Disposal Winter Island Marina from 'e Ag_-nda the reason for this motion is that the item was not for discussion based on the City Solicitor's Letter, received l':bruary 13, 1984 and that all further correspondence be referred to City Legal Council. N'o Further Discussion Took Place. All In Favor of Motion. 72JC.ESS FOR 5 MINUTES PICKMAN PARK SUBDIVISION Charles Fredricksen gave brief .summary of issue Richard Swenson answered any questions the P,oard had regarding Pumping Station, Sewer and Drainage Capacity, Water Capacity and Present Problems lob Bonin had written verification of 31 Water Breaks in the Ward arca since 1978,(This information was given to Mr. Bonin by 01br.ych). (This information wzis received from the city water (icuartnr,nt) . lie also noted that he could not find any records of ers, and was told that the city rlocsn't keep records the sewerage system. ;ch Disucssi.on Took Place. A Motion was presented by Bob Bonin, seconded by Patrick Scanlon t. was voted that the Board of Health nat concur with the proposal resented by Mr. DI Biase because of existing water, sewerage and ;rai.nage problems in the immediate arca, the inadequacy of the -(n erage system to handle additional flow, and because of the c,;rrent condition of the pumping station alluded to by Mr.. Anthony 10tcY:er in an article in the ;�I'\Torth Shore Sunday dated January 29, !95=. The Motion was passed on a vote of 3 to 1. 'fi bert Bonin, Patrick Scanlon and Peter 9aitdon,All In Favor. Dr. Eric J. Reines, Opposed. i4EETI;.G ADJOURNED AT 9:30 P.M. Respectfully submitted, Karen J. McClory I, p, .. ,. , ; ,.. . `NEALTEd..pEF . We, as..residents of the City of Salem, living in close proximity to theproposed develo development ofTa Marina on Winter Island,_ P Y Pm ------_.r___ Salem, Mass., would like to go on record as being opposed -tothis i development. __ � �_.. _• __ -_ %�/ L�'�'c-�` _ _— _ _ � --erg-ux� --T---�_�_� 4 l ---- 71- _.. _....._ _ .,.. ._ _�- v iWisPT'W f t PROPOSEDWINTERISLAND MAR INA ._.__-.._..�,.��_� p, .. ,. , ; ,.. . `NEALTEd..pEF . We, as..residents of the City of Salem, living in close proximity to theproposed develo development ofTa Marina on Winter Island,_ P Y Pm ------_.r___ Salem, Mass., would like to go on record as being opposed -tothis i development. __ � �_.. _• __ -_ %�/ L�'�'c-�` _ _— _ _ � --erg-ux� --T---�_�_� 4 l ---- 71- _.. _....._ _ .,.. ._ _�- v - ys — 77 i tj- -46 DANIEL J. LYNCH P. E. 210 Washington St., Marblehead, Mass. 01945 — 631.6145 ENGINEERING & CONSTRUCTION x 2v7 D Feb, 20, 19$4 FEB 211984 D CITY OF SALEM HEALTH DEPT, Salem Board of Health c' Patrick Scanlon, Chairman 9 North St. Salem Re: Sanitary Waste Disposal Facilities Minter Island Marina 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. This c itutes a variance under 310 CKR 15.02 (14) and (17). er r ly yours; sac . . Attacti<d: Letter of 2-15-84 R.E. Blenkhorn to writer r CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT February 15, 1984 (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 Board of Health will entertain a request for variances 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 be piped to a separate holding tank system. I would suggest that the holding tank system consist of two wttlertight 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- SPS ti;ilem Henith Department " 9 \orth ,St. Salem, Mass. 01970 a To: Daniel J. Lynch, P.E. 210 Washington Street Marblehead, Massachusetts 01945 -2- February 15, 1984 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) Construction in Fill If you have any further questions, please feel free to call this office. Very truly yours, FOR THE BOARD OF HEALTH BERT E. BLENKHORN 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, 198.4 at 7:30 p.m. Medting will be held at Health Department offices at.9 North Street, Sale®; 2nd floor•. MUIRPHY, ]RYAN & ®'KEEEE ATTORNEYS AT LAW, INC. TEN CHESTNUT STREET PEABODY, MASSACHUSETTS 01960 JOHN E. MURPHY TIMOTHY J. O'KEEFE JOHN E. MURPHY, JR. JAMES F. RENNICK JOHN R. KEILTY THOMAS M. DONOVAN City of Salem Health Department 9 North Street Salem, MA 01970 Attention: Robert Blenkhorn 109maly FEB 2 71984 � (617) 531-1421 crry HE i� �n RYAN 1� r IN REPLY REFER TO FILE NO. February 22, 1984 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. 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. I spect TIMOTHY J. E Attorneys a m Sound Development Corp. TJO:mko CC: Attorney Joseph Ryan 221 Essex Street Salem, MA 01970 4 ROBERT E. BLENKHORN HEALTH AGENT (617) 741-1600 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem. Massachusetts 01970 February 29, 1984 Timothy J. O'Keefe, Esq. Murphy, Ryan & O'Keefe Attorneys at Law, Inc. Ten Chestnut Street Peabody, Massachusetts 01960 Dear Sir: 9 NORTH STREET Re: Winter Island Marina Salem Sound Development Corp. With regard to your February 22, 1984 letter, I am enclosing herewith excerpt from Salem Board of Health Meeting of January 17, 1984. I have not received the Minutes of the Board of health Meeting held on February 21, 1984. Upon receipt of the same, I will forward you a copy. Very truly yours, FOR THE �BO%A�R�DJ OFA (HEEALTH ^ ROBERT E. BLENKHORN HEALTH AGENT REB/g encl. 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 REE/g encl. cc: Mayor Anthony V. Salvo City Council President, Mrs. Jean M. Rochna City Councillor, George A. Nowak Wm. H. Kelley, Principal, Salem Sound Development Corp. CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT March 2, 1984 (617) 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 for a new 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. COUNCILLORS -AT -LARGE 1984 JOSEPH M. CENTORINO FRANCES J. GRACE JEAN MARIE ROCHNA RICHARD E. SWINIUCH (9itV jof �$alem, C�assadjusetts Office of the C9itg (flmmcil (fitg pttll JEAN MARIE ROCHNA PRESIDENT JOSEPHINE R. FUSCO CITY CLERK January 17, 1984 Mr. Philip H. Saindon, Chairman Board of Health 10 Lyme Street Salem, Mass. 01970 Ladies and Gentlemen of the Board: WARD COUNCILLORS 1984 GEORGE A. NOWAK STANLEY J. USOVICZ, JR. STEPHEN P. LOVELY LEONARD F. O'LEARY JEAN -GUY J. MARTINEAU GEORGE P. MCCABE JOHN R. NUTTING RFECEIVED JAN 17 +4P4 C1TY OF SALEM HEALTH DEPT. 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, l� IE ROCHNA COUNCIL PRESIDENT JMR/jl City of Salem Health Department Board of Health 9 North Street Salem, Massachusetts 01970 Attention: Robert E. Blenkhorn, Health Agent Re: Salem Sound Development Corporation Winter Island Septic Sewerage System Dear Mr. Blenkhorn: 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 voted six (6) yeas and five (5) 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 2/3rds 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 40, 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- den6)-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 FEB 13 �Q CITY OF dALEM HEAL.T14 DEPT. MICHAEL E. O'BRIEN CITY OF SALEM CITY SOLICITOR MASSACHUSETTS MARY P. HARRINGTON 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 7443383 - 7440350 Please Reply to 187 Federal Street Please Reply to 59 Federal Street February 10, 1984 City of Salem Health Department Board of Health 9 North Street Salem, Massachusetts 01970 Attention: Robert E. Blenkhorn, Health Agent Re: Salem Sound Development Corporation Winter Island Septic Sewerage System Dear Mr. Blenkhorn: 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 voted six (6) yeas and five (5) 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 2/3rds 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 40, 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- den6)-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 34, Appendix A) provides for the specific methods of appealing a decision of the chair. While Cushing's Manual holds that a pro- 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 a5 a public park or other public use". By the acceptance of 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 2ark 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 approbationi.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 doubtful 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 - 2 - resembling an attempted amendment is the vote of the lease of June 9, 1983 which on its face was defeated and which would have requir- 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 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. MEO/7p cc: Anthony V. Salvo, Mayor George A. Nowak - 3 - submitted, Michael E. O'Brien City Solicitor COUNCILLORS -AT -LARGE 1984 JOSEPH M. CENTORINO FRANCES J. GRACE JEAN MARIE ROCHNA RICHARD E. SWINIUCH (9itg of "Salem, fl, iassar4usefts Offire of tl?e Ti#u Tm=il Qlity �ittll JEAN MARIE ROCHNA PRESIDENT JOSEPHINE R. FUSCO CITY CLERK February 15, 1984 WARD COUNCILLORS 1984 GEORGE A. NOWAK STANLEY J. USOVICZ, JR. STEPHEN P. LOVELY LEONARD F. O'LEARY JEAN -GUY J. MARTINEAU GEORGE P. MCCADE JOHN R. NUTTING W. Robert E. Blenkhorn FEB 16 Board of Health Salam, Mass. 01970 f,-IT'Y OF SAC:EM }iEALTH DEPT, Dear Mr. Blenkhorn: With the recent legal opinion regarding Winter Island, your Board - should not entertain any request regarding development on Winter Island. Any such requests should be forwarded to the City Solicitor, Michael O'Brien, for his opinion. v/ truly yours, GEORGE A. N(J PM Ward 1 Councillor CAT/j 1 HE SALEM, MASS., EVENING NEWS — FRIDAY, MARCH 9, 1984 9 Club threatens ,,4 swig fromh 111te1_1 1 ,l ByTIMS=VAN ' News Staff SALEM — Fearing they will, not be safe, the leaders of the-, Handicapped Travel Club are' reconsidering plans to hold al national rally on Winter Island; in June. But their threat to hold their) annual gathering elsewhere did! not sit too well with at least ones member of the City Council, who accused them of trying to hold i the city "hostage." The Handicapped Travel Club had its change of heart, ac- cording to a letter from'; wagonmaster Bruce W. Byrne of f Beverly, due to the'recent City Council decision to eliminate the ' parking fee for Salem residents. I That decisionis expected to j reduce the available funds for supervision of island activities by about a third. "I feel that your actions have jeopardized our chances of having a safe and enjoyable rally on Winter Island," Byrne said in his letter. His group is comprised of 50 to 60 motor home families from across the country which are scheduled to arrive on the, island June 12 for a week's camping. The council action, he said, would reduce security on the island and make it an extension . of the cruising area of Salem Willows, complete with noise, vandalism, drinking and in- creased traffic. "We expect at least 40 members in wheelchairs whose safety would be in doubt," Byrne said in the letter. "We would be unable to have a business meeting without a lot of onlookers and, in general, I have the feeling the whole thing would be turned into a circus." Byrne said he has to make a decision on the rally before the end of the month and is leaning toward a move to the Topsfield Fairgrounds. The week -lone stav at rhP s an q island by the club would produce T; approximately $1,800 in cam-,� . ping fees, an amount equal to Cl nearly 10 percent of the Winter n Island Commission's annual,, operating budget. Preliminary plans had been made' for sightseeing andT shopping trips during the stay, w mostly in Salem. "We had planned. continuous shuttle service to the Peabody Museum, East India Mall, Pickering Wharf and other points of in -I terest," Byrne said. "Also," he said, "we hadp planned with Pier Transit for,i harbor excursions, fishing trips and a whale watch." o If the rally is moved to Top- t sfield, he said, business will be,i lost because side trips would be r directed to ,Rockport,, Newburyport and Portsmouth, N.H., instead. 1 Byrne also said he is a.; member of, several .other' camper clubs which he wouldl encourage not to come to Salem because "I will not bring our; members where we are note wanted." Councilor -at -Large Richard,) Swiniuch, who first suggested,f that the parking fee for Salem g residents be eliminated, said he t was, offended by Byrne's letter. e He accused the club of wanting4 its own "private little island." Joseph M. Centorino, another T at -large member, responded, I however, that he felt Byrne was I merely concerned, as he is,1 about the possibility of the island becoming a haven for, undesireable elements. "Are we., giving it back to the animals?" I Ceniorino asked. Winter Island Commission,] member Ralph Hobbs said the Possibility that the clubs would,, not visit the island was "really, T really disappointing. i "They're great people," he said. "They're business, too, for evervbodv_" ilL` L�1! By TOM CLARK News Staff PEABODY — A police radar unit will soon be monitoring traffic on Mount Pleasant Drive in response to residents' com- plaints that motorists are using Nit as a speedway and as a cut- through.route from Route 114 to Lowell Street. "People fly up and down the hill at 50 to 60 miles per hour," Patricia Nizwantowski of 1 Richardson Road told members of the City Council's Public Services Committee Thursday. She also said Davy Chevrolet customers use the road for test drives and that other motorists have figured out they can avoid two sets of lights by using the road as a cut -through to Lowell Street. Ward 5 Councilor Jimmy Miller said residents became increasingly concerned about traffic on Mount Pleasant Drive when plans were recently an- nounced for the construction of a, new shopping _center on Route 114. Many, of the residents gathered recently at a neigh- borhood meeting called to discuss this latest development. "If the shopping center goes in its going to be twice as bad," Nizwantowski said of the traffic on Mount Pleasant. "Every time Monument ded icatit PEABODY — The Peabody Veterans Memorial Monument being erected on the front lawn at City Hall will be dedicated on Saturday, May 19 at 12 noon. The dedication ceremony will be preceded by an 11 a.m. march from Wilson Square to City Hall. The keynote speaker will be retired U.S. Army Major General George S. Patton, of Hamilton. The Peabody High School Band will also par- ticipate in the ceremony as will Gold Star families and Medal of Honor recipients from each of three wars. The three tablets that make up the monument will honor the 72 Peabody residents killed in World War II; the five residents killed in Korea; and "the 13 residents killed in Vietnam. Members of the committee organizing the dedication ceremony are: Mayor Peter Torigian, honorary chairman; Elizabeth Sakaris, commander of the Peabody Veterans Council; Stephen Mara, com- mander of the Greater Lynn Chapter of Vietnam Vets; Roland Pelletier, commander of VFW Post 1011, Peabody; Sydney Gold of Jewish War Vets Post 210; Peter Angeramo, city director of human services; and W. Peabody Ward 3 Councilor Mary Waselchuk. Jack Reddy of the Vietnam Vets of Mass., has been serving the committee as a consultant. Deceased' veterans whose names will be listed on the tablets are: World War II Christodoulos E. An- drianopoulos, George An- dronikos, Sydney Arrons, Walter B. Barker, John Butanko, .John F. Carney, William J. Clark, Richard J. Collins, Lawrence M. Courtis, Lawrence H. Cushing, Jack Dernegohosian; Walter J. Dombrowski, Philip H. Dorgan, Michael Eliuk, Daniel F. Flynn, Jr., Charles E. Fontaine, Fred B. Forrestall, Jr., Alden R. Gangloff, , John C. Gargas, Anthony J., George, Charles J. George, William J. Greenhalge, Paul V. Griffin, Eugene N. Hazel, and Robert T. Hingston. Also, Anson J. Hudson, Nicholas Katonuk, Arnold J. Kauppiuen, George E. Keith, Jr., Ralph D. Kiley, Roger G. Kiley, Harold M. Kirstein, John J. Kozicki, Frederick G. Lawrence, Edward S. LeBlanc, Howard MacFarland, Daniel Maniatakos, James T. Manning, William J. Manning, Francis Manuel, Leno J. Marshall, Crisf ' 1,. � 11L,'tll, AFM T2 W� ilaultiu$ c earl _ (Jar ��lrm �rren MAR 1.91984 CITY OI, SALEM . HEALTI.1 DEPT. . REQUEST FOR REVIEW COMMENTS SPECIAL PERMIT DATE: March 19, 1984 TO: ( ) Building Inspector ( )_Conservat_on Commission ( ) ity Engineer ( ) Other . ( __Board of Health Attached please find the application referenced belo•,. The Planning Board requests that you review this application relative to Section VII of the Zoning Ordinance. We would appreciate your co*,pleti.no thr form below ati:d returning it to us. Notice of the public hearing for this application will be forwarded to you. ( xx) WETIJkNDS & FLOOD HAZARD DISTRICTS ( ) CLUSTER DHVELOPIENT ( ) PLAIMD UNIT DEVELOPMENT ,APPLICANT• Eastern Sea Boards / City of Salem Fainter Island Commissicn PROJECT NAME & ADRESS: Easter Sea Boards -Winter Island, Salem - CONTACT PERSONS AND PHONE: Applicant: Brent: Morrill 619-1929 City: 'Iarhlelead, YTi. C0101ENTS DUE BY: April 2, 1984 _ (Failure to comment within 35 days shall be dee-ed lack of opposition.) ( ) Concur with proposal (Explain on revers size) (x) Need more information (Explain on rcversa side) ( ) Cannot concur with proposal. (Explain on reverse side) (X) Comments included The information provided does not indicate the number of people this establishment will employ: The'Massachusetts State Plumbing Code has requirements for plumbing fixtures under certain conditions. 10.19.5 Other Establishment Occupancy Requirements In -every establishment, except.industrial establishments and establishments where one.(1) person is employed.or works' -plumbing fixtures shall be provided within reasonable access and in accordance with table 10.19.5. Where two or more persons are employed.or.work, seperate water closets and lavatories, plainly marked, shall be provided for each sex. In general this establishment and others like it may be proposed to utilize the recreational value.of the Island and therefore, draw :more people there. Unlike public. the Willows,.Pbrest'R1ver Park, etc.' there are no sanitary,facilitiea for the �' CITY OF SALEM, MASSACHUSETTS APPLICATION SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICTS Ur Applicant: e a5er-v7 SGq (302rd S Address: Telephone: Owner: Address Location of Project Desc: Citv Clerk 1 I. It has been determined by the Building Inspector that the above property 1 lies in the following area(s)- A. Wetlands District Wetlands ( ) Buffer Zone (X ) B.. Flood Hazard District Zone A ( ) Zone A3 ( ) Zone V3 ( X ) 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. 1WM B. In the Wetlands District, a determination by a qualified engineer of the seasonal high water table, performed during the last two weeks of March or the first three weeks of April. A.minimum of two percolation tests for each leaching area shall be performed. C. In cases of flood -proofing or pile construction, certification by a registered professional engineer or architect as to the elevation of flood -proofing measures and as to compliance with the applicable sections of the Massachusetts State Building Code concerned with flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood. Where specific methods or techniques have been previously certi- fied, the Planning Board may waive this requirement. D. A list of Federal, State, and other local permits required by the applicant. E. Descriptions relative to all conditions applicable in Section III below. III. Conditions (Complete those sections indicated (x) by the Building Inspector) In the Wetlands and Flood Hazard Districts no structure or building, including pipes and wells,, shall be erected, constructed, substantially improved, enlarged, or otherwise created or moved; no area shall be paved; no earth or other material shall be stored, dumped, used as fill, excavated, or transferred; and no sediment shall be caused to be discharged from or onto a wetland, unless all the following condi- tions are found to exist as part of the granting of a Special Permit by the Planning Board (Use additional pages if necessary): A. All Districts: W 1. The proposed use will comply in all respects to the uses and provisions of the underlying District in which the land is located. Yes X_ No (X) 2. There is adequate convenience and safety of vehicular and pedes- trian movement within the site, and in relation to adjacent streets and property, particularly in the event of flooding of the lot(s) or adjacent lot(s) caused by either overspill from water bodies or high runoff. -3- 3. Utilities, including gas, electrictity, fuel, water, and sewage disposal, shall be located and constructed so as to protect against breaking, leaking, shortcircuiting, grounding or igniting or any other damage due to flooding. (Provide details) / Brit, TiE -I /)7clycir' cz //V SUIT ),% 17- "g X) T/3Yl S (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. 1 2 A9c7- g /0eP Anode. C/2/rea/A (may) B. Wetlands District: 17c loqlPL / e!9/3 L E�.- ( ) 1. The proposed development or use shall not include the storage of salt, chemicals, petroleum products or other conta urinating 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.) r -4- ( ) 2. The floor level of areas to be occupied by human beings as living or work space shall be four (4) feet or more above the seasonal high water table. ( ) 3. If the basement floor level is below the seasonal high water table and affords the possibility of human occupancy at some future date, although not originally intended, adequate perimeter drainage and foundation shall be installed to with- stand the effect of pressure and seepage. Furnace and utilities are to be protected from the effects of leaching. (Provide details) Applies ( ) Does not Apply ( X ) ( ) 4. If the lot is to be served by an on lot septic system, the leaching area designed for use, as well as a reserved area for future expansion or total future use, shall be plotted with dimensions on the site plan, and the leaching areas shall not be constructed where the seasonal high water table is less than 4 feet below the bottom of the leaching areas. Applies.( ) See site plan Does not apply 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. (X) 2. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for non- residential uses shall be at or above the 100 year flood level or the structures shall be flood -proofed to that level in compliance with the applicable requirements of the Massachusetts State Building Code. Flood -proofing measures shall insure that the structure is watertight and that structural components have the capability of resisting hydrostatic and hydrodynamic loads and the effects of bouyancy. i/Cr�C 7-- C--'�'�'� ��� /e[� Y/' FLrKi L.�vPC -5- D. Flood Hazard District, Coastal High Hazard Area (Zone V3)• QO 1. New structures or substantial improvements shall be located landward of the reach of Mean High Tide. T/E" I "F. t, <' 7- u R F !: , -r / S J� /5 ,'� i -/a J 7 T-/ A I C r L i7»g14:r3 h U r r %E'AY1 /I�-. !, r/ de ( ) 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 or fixed obstruction. (Provide details) (�C) 3. The support of new structures .or substantial improvements shall not be, in whole or in part, by the use of fill. (Provide details) 7�e S%RUCTOkE IPACP,-ISec1 Sk9l/ Ra<'T r*)a CCfnCkPTe /LcrKS Y�LRcPc/ /»o» P/exi ;T72ZL' C'R(fr SLAC3 (L)Sed FAY vS �v�Cr7 C /JnPoT) IV. Procedure The Planning Board shall, within 7 days after the filing of this application, transmit one copy of said application, plans and all other submitted information to the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission who may, at their discretion, investigate the application and report in writing their recommendation to the Planning Board. The Planning Board shall not take final action on such application until it has received a report thereon from the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission or until thirty-five (35) days have elapsed after dis- tribution of such application without a submission of a report. ,The Planning Board Shall hold a Public Hearing on said application as soon as possible after receiving the above reports, in accordance with Chapter 40A of the Massachusetts General Laws. The Planning Board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or refusing the special permit. The Planning Board may, as a condition of approval, require that the appli— cant give effective notice to prospective purchasers, by signs or by recording the special permit at the Registry of Deeds, of the wet— land or flood hazard conditions associated with said premises and the steps undertaken by the petitioner or his successor in title to alleviate the effects of same. Signed Title I a61i)4e✓ Dace 3-/3'?Y Office — City Hall 93 Washington Street Salem, Mass. 01970 1 /--� L/)nd 1(S e- Critu of SCtCem,; flcussnctulsett5 (rCtSe»T r �Vinter Island Commission S 11c : e •� 4 Frj. Pzckra)rQ L -r Nouse K1 trk Qe �edcS7k/Nrl _.; Con SCR, ✓.9 cc n „d CNF Cc-/ V e PSP R y 1ti Sw ST ' \ 1 - R� wCT T�1�= ♦ OJT wti 11�1� Q/y t ^t w imp T r a - 3 FNSTeR>t JeAL'v%Md e� i Locs/r/on,_ PSP R y 1ti Sw ST ' \ 1 - R� wCT T�1�= ♦ OJT wti 11�1� Q/y t ^t w imp r'ni L 4�ncK LJ �_ 20 : _ 1 Y t4.3 - � x — 2 C) 177, _one I �d 20 5 185 ` G C x. 20.2 _i7. ._ 1 202 Cortrere ove' 1 18.d Y ,d 16.7 Zoie 1 ' 176 162 . SeAi3aa20 ,i ~�;\ 16.4/ G �.. 'LO t 195 _ _ x 163 , i/ a l&7 176-------------- 195 76195 t x ib S a ` 173 j "e . " t `1 ye 123 137 �tYo\: 42 x L. Y 47 Ledge 5 46 'I. d u ,, „ - s Z ,� >: ,,i T 3` GROSSMAN'S DO-IT-YOURSELF CUSTOM WOOD STORAGE BUILDING PROGRAM MATERIAL SPECIFICATIONS 1.) Floor Joist 2x6 (24" O.C.) Construction Grade 2.) Deck 5/8"x4'x8' CDX P1 score y Agency Stamp 3.) Studs 2x4 (24" O.C.) Construction Grade 4.) Shoe 2x4 Construction Grade 5.) Plate 2x4 Construction Grade 6.) Rafters 2x4 (24" O.C.) 7.) Roof Sheathing 7/16"x4'x8' Wood Wafer Structural Board 8.) Roof Shingles Self -Sealing Asphalt 11235 (Any Stock Color) 9.) Roof Paper .1511 Asphalt Felt 10.) Window (Per Plan) Slip -Head 1 Light Window as a Casement 11.) Door.(Per Plan) Custom built by Owner 12.) Closed in Rafter Overhang Per Plan lx6 pine rake, facia and plancia (roof edge and soffit) 13.) Nails and Hardware Teco Fasteners, Flashing, Thumb Latch, Hinges, Nails and Door Chain 14.) Exterior Sidings: BASIC: 7/16" Wood Wafer Structural Board with lx3 Battens 24" O.C. (Single Wall) OPTIONAL EXTRAS: 3/8" or 5/8" Texture 1-11 (Single Wall) 3/8" Ext. Sanded Plywood with lx3 Battens 24" O.C. (Single Wall) *16" White Cedar Shingles 5" Exposure (Double Wall) *7/16"xl2" Hardboard Siding 101.1" Exposure (Double Wall) i*7/16"x9" Hardboard Siding 711" Exposure5'eCeeTad L(Double Wall) 15.) Shutters Custom built by owner from siding and/or sheathir, 16.) Plans and Instructions Included 17.) Cement Blocks Included per Plan *Double Wall Sub -Sheathing to be 4'x8'0/16" Wood Wafer Structural Board I RON' ELEVATION 'OTE : w:" &-- 7 e7 /z EXP05urc I X5 REAR ELEVATION ME ELEVAT O N EXECUTIVE OWES 2N VON ST. " • WAMIML MASS. Otto AM cool 611 048.11" c f� IV F, I it, 4++ W L- rK4+1ttir� M�MY>rtxs� �.0. _ j AN. n_xG" 1ex lbr G�fZPL `JiDi�NN� t�UL371N11 t rxrx stems 2 3 O2xG'Xlg r *-- ©ZcU 121-1 rK4+1ttir� M�MY>rtxs� �.0. _ j AN. n_xG" O2xG'Xlg r *-- ©ZcU 121-1 ©txG x ��-- �x 4 m 1 4x4 -tlGo h5 Ti - 51Dr. of EPcA 401&x Al IAA x T" At""F-! i 2x4 _ lrw.00 fit.,N w P �1'�t' 4 ►Za1(o � � aa� 519113&AM -S 191 U]da AYP«CAU ftp 11 ms-p$,L 1ZX 1 Co 0Aec)� !C W 1ZX 1 Co 0Aec)� W r.el ml'lwlfor� i .4 Mir r4 �. L�Ui1Nl• N-5 iY Ptd 12' i��'ur•!G 1/V f�I11JC� A-5 7Y- PtJ 51 PE) j 2x4�tvt �WoW.- A � j I i-rrP�c�-PEr�t�S �fOp� �UuylA� also STEP � POOR, bPtUL e.1 rNn uooR� "aiE THE MNQOF TNS HlHrvm• 5TEP )* 3 IN57ALL. VOOZ �51PING E M-Tt?-AIM TO -6o AZ --T+ Af4D- .BOTTDM---i3F gFT 51M DOM. BE MAI NTAINED. AT Tt TOP-- 0TTOM AND E (Tf iEE} AND R►bHtT 6112M5� b F� l COOK mm. STEP * 2 ROOK rAGE AlW- - X11 1.51-01 1 >s A k W REVEAL. j�-y2 -COP OF VOOK C f= Z- 2x4 - LEFT bim POOR -_mA1m-m%% DES 7%JD .. KISHT 65 TRIM 1x3 1 j , �oz.ws DOOR CITE , EDGE VPIC,AL JAMS WEN IN6TAl.1 Na 1x3 PINE AT MNTEX ED&E PSE SURE TO lALWW THE FiEC.a FOR THE B OND 1DCENTER EDC9E E`( I/211. , "- = MEM BER F -Du- S (Ze. "F FTI�,R TEM ? I vatToht FW W95 W95 a8o .DC'r- k e";(x& d �»d s: S JoiS _JSe✓L - - fi.s�«L lt� whu. /'7C K c.,,//,(f/ l/� 04e- TJ. r 7 e—_.. �04i "," ANTHONY D. CORTESE, S,.D. cemmi„iooer 777.5,91 935-2160 Daniel J. Lynch, P.E. 210 Washington Street Marblehead, MA 01945 Gentlemen: �i�riilmeal �(�r•rionmrrla��irril/�r ll/t2//Ire/R//P v'`LCll0�0!!l//n .J/C�9�J10/l •�.�i0�/'l�f(l.Sl e/GC6R0// c�J(I'l��!r��pp5 �y .�. •,�eu' J/C.1lCiill/rr� /�Blr/'2 ./� ��.� z J U N 1211984 June 5, 1984 CiT'Y 0_ SALEM -Holding TanVEALTH Salem Sound Development Winter Island Marina Support Building RE SALEiJ DEPT., Corp. On January 9, 1984, 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 which was 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 again reviewed the above noted plan and has determined that, based upon a misinterpretation of 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. Therefore, the Department retracts it's opinion as stated in the letter of January 9, 1984. Subsequently, the applicant has submitted a proposal to install a holding tank to service the sanitary waste generated from the "Suppport Building." The proposal pertains to the installation of a 2000 gallon concrete holding tank equipped with both audio and visual alarms set at the 2/3 liquid capacity level. The holding tank will be pumped as Necessary for off-site disposal. S! -c_- the site is nvot capes d e of sustaining a conventional subsurface sewage disposal system, in compliance with Title 5, and a connection to a municipal sanitary sewer system is not available to the site, the installation of a holding tank will provide the same degree of environmental protection required under Title 5 and strict enforcement of Title 5 would do manifest injustice to the applicant. The Department hereby approves the installation of a holding tank to service the "Suoport 3uilding" with the following conditions: No additional facilities shall be connected to the holding tank. ''-;age two Daniel J. Lynch, P.E.. 2. Approval for the installation of the holding tank must be obtained from the Salem Board prior to installation. 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 61 c/111KZJJe1zc�i%�e��1 II&It nl °C� r�,i oirinin�n�.,G¢nl/� CJi� rii ccrri�� _ Alllyolfnn .%Jo.9fon loil�i ics///✓�L�/� ion ANTHONY D. CO TESE, Sc.D. D - -l� " nJ/aie �l/rir f, /X2/"/" Commissioner w' 7273194 JUN 7 196 935-2160 June 5, 1984 CITY OF SALEM Daniel J. Lynch, P.E. $EALT14 DUN! RE: SALEM -Holding Tank 210 Washington Street Salem Soun.d nevelopment Corp. Marblehead, MA 01945Winter Island Marina 'Support Building Gentlemen: On January 9, 1984, 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 which was 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 again reviewed the above noted plan and has determined that, based upon a misinterpretation of 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. Therefore, the Department retracts it's opinion as stated in the letter of January 9, 1984. Subsequently, the applicant has submitted a proposal to install a holding tank to service the sanitary waste generated from the "Suppport Building." The proposal pertains to the installation of a 2000 gallon concrete holding tank equipped with both audio and visual alarms set at the 2/3 liquid capacity level. The holding tank will be pumped as necessary for off-site disposal. Since the site is not'capable of sustaining a conventional subsurface sewage disposal system, in compliance with Title 5, and a connection to a municipal sanitary sewer system is not available to the site, the installation of a holding tank will provide the same degree of environmental protection required under Title 5 and strict enforcement of Title 5 would do manifest injustice to the applicant. The Department hereby approves the installation of a holding tank to service the "Support Building" with the following conditions: No additional facilities shall be connected to the holding tank. I ,k .,Page two Daniel J. Lynch., P.E, 2. Approval for the installation of the holding tank must be obtained from the Salem Board prior to installation. 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 JOHN E. MURPHY TIMOTHY J. O'KEEFE JOHN E. MURPHY, JR. JAMES F. RENNICK JOHN R. KEILTY THOMAS M. DONOVAN Board of Health City of Salem 9 North Street Salem, MA 01970 MURPHY, IkYAN & O'KE:EFE ATTORNEYS AT LAW, INC. TEN. CHESTNUT STREET PEABODY. MASSACHUSETTS 01960 (617) 531-1421 June 11, 1984 OF COUNSEL JOSEPH CURTIS RYAN IN REPLY REFER TO FILE NO. RE: Subsurface Disposal of Sanitary Waste - Winter Island Marina - Salem Sound Development Corp. Please be advised that I represent Salem Sound Developement Corp., a lessee under a Lease with the City of Salem dated July 16, 1983, concerning development of a marina on Winter Island. Please accept this letter as my clienth request to be heard at your Board of Health meeting of June 19, 1984 relative to 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 Environmental Code. A copy of the approval of the, Department of Environmental Quality Engineering is attached. 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), Section 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, r�1 MURPHY, RYAN & TJOIK/ssm cc: Dan Lynch 210 Washington Street Marblehead, MA 01945 ATTORNE`AAR SALEM SOUND DEVELOPMENT CORP. i Fred Kelly c/o Barnegat Transportation 23 Congress Street Salon, MA 01970 ROBERT E. BLENKHORN HEALIH AGENT M17) 741-1800 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 June 12, 1984 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 9 NORTH STREET A. 1. 4/24/84 ltr to James [flood, Ass't Superintendent Mass. Electric re: unsanitary conditions of properties across Bridge St, along Webb & Saunders Streets 2. 5/15/84 ltr to Donald Lothrop re property at 110 Bridge St. 3. 5/15/84 ltr from David J. Beattie, Mass. Electric 4, 4/10/84 Analysis Report from ERT Research & Technology Inc. 5. 5/9/84 ltr from Commonwealth of Mass. Dept. Public Works to Mayor Salvo re: Bridge and Cross Street Bridges over abondoned railroad spur line B. 1. 5/24/84 ltr from Joseph W. Morphew re: 441 Highland Ave. 2. 5/31/84 ltr from Mr. N,orphew to City Solicitor O'Brien Page 1 of 2 Pages r, a lm a ;cIleLlh 0011,11L111011L :% 9 North St. Salem, Mass. 01970 AGENDA SALEM BOARD OF HEALTH MEETING IV. NEW BUSINESS Page 2 of. 2 Pages -)A. 1. 6/11/84 ltr from Law Firm Murphy, Ryan & O'Keefe 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 2. 6/5/84 ltr 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 & Flynn Fiesta Shows re: Carnival at Salem Common 6/5 - 6/10/84 and inspection report of same date V. MONTHLY REPORTS VI. OTHER BUSINESS VII. ADJOURNMENT BOARD OF HEALTH MINUTES OF MEETING JUNE 19, 1984 A regular Board of Health meeting was held at 9 North Street, Salem at 7:00 P.M. Present at the meeting were Patrick Scanlon, Chairman Peter Saindon, Bob Bonin, Vincent DiBona, Arthur F. Kingsley, Arthur J. Johnson, Arthur J. Kavanaugh and Health Agent Blenkhorn, also present were Councilor Lenny O'Leary, Ann Dominic, V.N.A. and Debbie Martin, V.N.A. CALL TO ORDER 7:00 P.M. UNFINISHED BUSINESS MONTHLY REPORT OF VISITING NURSES CONTRACT Debbie Martin stated the V.N.A. needs contract by end of month, and that she spoke with the Mayor and he doesn't have any problem if the contract is altered to 20,000 to continue services coverage '1. submit supplemental budget 2. decision regarding premature baby services 3. services that will be altered feedback needed to put new budget together Cancer report notin contract Ann Dominic took time to put this -together. (in future the. V.N.A.imight be hesitant and look hard and fast on how they spend hours if contract doesn't cover services). Health Agent Blenkhorn explained budget must be by end of month, he also stated he has no..problem with the 7% increase in contract, V.N.A. has always been cooperative. Peter Saindon stated he has no problem with increase Debbie..Martin.asked if the Board of Health wants to continue man dated, births services (should be the Board of Heatlhs Decision) Pat Scanlon stated that we should continue to provide these services Motion.presented by Bob Bonin seconded by Vincent DiBona to continue to have man dated services Motion presented by Peter Saindon and seconded by Vincent DiBona to send correspondence to Mayor Anthony Salvo to accept the 7% increase in the V.N.A. contract to continue services if the Mayor finds monies available. All In Favor 1 Opposed Pat Scanlon stated he appreciates the time Ann Dominic took to prepare this report Ann 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 data for statistical Dr. Kavanaugh stated he would like to have more in 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 4f 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 clean up, but we need more information about substance Letter from 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 TPonin 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 at this time Bob Bonin stated that they don't know if they can build Atty Tim O'Keefe stated they take very positive attitude they can build special permit granted, fire safety codes, state sanitary code, he said sure we can build or we wouldn't be here Pat Scanlon stated we have to go to City Solicitor for his legal opinion because the last time he stated this;<proposal has no legal standing before this Board Atty Tim O'Keefe For The Record on the merits of this Board they ask this Board to consider this proposal under state sanitary code DEAN & FLYNN FIESTA Health Agent Blenkhorn, explained mobile food units th'atoprepare food for residents must be inspected by the Board of Health regulations are required. He also stated that some of these units were real unsanitary BATHING 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 OLD HEALTH HOSPITAL,(condition) 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 Respectfully submitted Karen J. McClory 8:30 P.M. CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 June 20, 1984 Michael E. O'Brien, Esquire City Solicitor City Hall Salem, 14A 01970 RE: Winter Island Marina Proposal Dear Mr. O'Brien: On Tuesday, June 19, 1984 at the Board of Health meeting, a Motion was presented by Robert Bonin and seconded by Vincent DiBona on the above entitled issue. It was voted to refer this I'linter 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 ert E. Blenkhorn, Health Agent REB/kjm Enc. cc: Mayor Anthony V. Salvo Timothy J. O'Keefe, Esquire, Attorney for Salem Sound Development Corporation CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 - July 19, 1984 Timothy J. O'Keefe Attorney for Salem Sound Development Corp. 10 Chestnut St. Peabody, MA 01,960 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 -400&71—s-adit-n_ ROBERT E. BLMOMORN, C.H.O. Health Agent 21!2 81984 D °s^�mueW� CITY OF SALEM MICHAEL E.O'BRIEN CITY OF SALEM $E CITY SOLICITOR MASSACHUSETTS `�'rH DE�I7l;V P. HARRINGTON 93 WASHINGTON STREET ASSISTANT CITY SOLICITOR and 93 WASHINGTON STREET 187 FEDERAL STREET and SALEM, MA 01970 59 FEDERAL STREET 7464311 SALEM, MA 01970 7443363 - 7440350 Please Reply to 187 Federal Street Please Reply to 59 Federal Street June 27,.1984 City of Salem HealthDepartment Board of Health. 9 NorthStreet Salem, Massachusetts 01970 Attention: Robert E. Blenkhorn, lealth_'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 nstrument 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. (/O CF "I Board of Health Robert E. Blenkhorn 2 June 27, 1984 If you desire additional information, please feel free to contact me. MEO/jp Enclosures cc: Mayor Anthony V. Salvo City Clerk U.S.. Army Corps of Engineers BOARD OF HEALTH 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; 1984jTo David J. Beattie, Mgr.Community Relations RE: Fill for the .area Bridge.Street, along Webb Street and Saunders Street, Salem 2. Letter dated June 30, 1984 To Board of Health,.Robert Blenkhorn,H.A• RE: Fill for,the area Bridge 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 RE: 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. Letter dated June 19, 1984 To Mr. McIntosh, City Building Insp. RE: Old Health Hospital Building D. Letter dated June 20, 1984 To City Solicitor RE: Winter Island Marina Proposal 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 fur 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 VI OTHER BUSINESS III ADJOURNMENT BOARD OF HEAL9T11 MINUTES OF MEETING JULY 24, 1984 A regular Board of Health meeting was held at 9 North Street, Salem at 7:00 P.M. Present at the meeting were Patrick Scanlin, Chairman, Bob Bonin, Vincent DiBona, Arthur Kingsley, Arthur J. Johnson, and Health Agent, Robert E. Blenkhorn. 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 voter 1 opposed (Bob Bonin) All others in favor The Winter Island Proposal Voter 1 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 ammended. UNFINISHED BUSINESS CANCER OF THE CERVIX Anne Dominic, Public Health Nurse, stated that the American Cancer Association will assist in the screening for cercical 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 WEBB STREETS 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 411 ing 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 3. Sewage Pat Scanlin outlined the Pickman Park Issue for the new members and requested that Mr Niman elaborate. Mr. 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. Bobi.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 motions to table the issue for two weeks 2 opposed (Johnson and Kingsley) 3 in favor (DeBpna, Scan.iin, and Bonin) Peter Beatrice officially requests a list.of names and addresses of the members of the Board of Health, and a.copy of the minutes of the July 24, 1,984 meeting. OLD HEALTH HOSPITAL Health Agent, Blenkhorn informs the Board that there has been some clean up of the overgrowth but he has received no commentstructurally 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. Health Agent, Blenkhorn later received a phone call notifying him that the Fafard Company would not be attending the July 24, 1984 meeting, and also requesting.a hearing at a later date. BEVERLY WATER SUPPLY BOARD Letter dated June 22, 1984 relative to thei$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 Respectfully submitted Anne F. Byrne. 9:25 (TO PLAINTIFF'S ATTORNEY: Please Circle Type of Action Involved: —TORT —MOTOR VEHICLE TORT — CONTRACT — EQUITABLE RELIEF — OTHER.) COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT CIVIL ACTION IV`s: 84= t- r"3 SALEM SOUND_ DEt7EL OPMENT......................................... Plaintiff (s ) V. CITY OF SALEI.7; Salem Board of Health, and ._.............._...............---------........-----...-----..--------------......._....., Defendant(s ) Anthony V. Salvo, Mayor of Salem SUMMONS To the above named Defendant: You are hereby summoned and required to serve upon ..T..1?Ie ?y._J..-0'Keefe, EYrn'i-rg............. I........ plaintiffs attorney, whose address is .10. Chestnut_Street,...Peabod_yl-_MA..... 1960-........... an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon yau, 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- manded in the complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at ........... Salem........................ either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13 (a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiffs claim or you will thereafter be barred from making such claim in any other action. WITNESS. Thomas R. Morse. Jr., Esquire, at Salem, the D111I1� D day of , in the year of our Lord one thousand nine hundred and eighry- AUG 0 21984 CITY OF SALEM HEALTH DEPT. C� Clerk NOTES: I. This summons is issued pursuant to Rule 4 of the Massachusetts 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 1 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. mRmo COURT CIVIL ACTION Bwgg .T.wmlmw®m.... .. ....................... m»GW V. S@ J Salm, e ae .......................................................................... Defendant(s) QQ SUMMONS (em.mCiv. Rt § ) / \ )in § l m | ■ \ ncn \ |] \ 0 \ \ m m 2 E: § 2 < _ ' 2 2 ° §q 3 _ƒ � ): 2 § �k� C) q COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. SALEM SOUND DEVELOPMENT CORPORATION Plaintiff VS. 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 TRIAL COURT,OF THE COMMONWEALTH SUPERIOR COURT DEPARTMENT DOCKET N0. 7 C? 3 Ci ..._ .. COMPLAINT And now comes the Plaintiff, and represents, as follows: 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. 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 Defendant Vincent DiBona is an appointed member of the Salem Board of Health, and resides at 53 Endicott Street, Salem, Massachusetts. He is sued,in his indivi- dual and in his official capacity. fit° Y 6. The Defendant Arthur J. Kavanaugh is 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 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 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". 12. On October 19, 1983, the"Plaintiff obtained an Order of Conditions from the Salem Conservation Commission under GL 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 14. In February and June of 1984, The Plaintiff appeared before the Salem Board of Health for approval of a sep- tic sewerage system to service the marina '_-.,, 15. On May 29, 1984, the Plaintiff received from the Common- wealth of Massachusetts, Department.of Envfronmental 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:Plaintiff 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 r, - COUNT 2. BREACH OF LEASE 18. The Plaintiff realleges paragraph 11 of Count 1. 19. In February of 1984 and subsequent 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 with the City of Salem, and the City has accepted payment from the Plaintiff according to the terms of said lease. 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 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. 4of6 3. That if specific performance is not granted, that the Plaintiff have judgment against the Defendant City of Salem and its agents in the amount of Five Million Dollars ($5,000,000.00), interests, costs -Mand s. attor- ney's fees. 'r��_;_y 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 DAMAGES UNDER COUNT 3. COUNT 4. INTERFERENCE WITH ADVANTAGEOUS RELATIONSHIP 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 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. 27. The Plaintiff qualified for the issuance of said Permit 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 Plaintiff's application for a permit from the Corps of Engineers by stating to the Corps of Engineers that the Plaintiff's lease with the City of Salem is invalid, that the Plaintiff has no standing to construct a marina 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 individual and offi- cial capacity, or those for whose conduct they are respon- sible, in the amount of Five Million Dollars ($5,000,000.00), interests, costs, and attorney's fees. THE PLAINTIFF DEMANDS TRIAL BY JURY AS TO THOSE ISSUES RAISED BY COUNT 4. By its Attorneys, MURPHY, RYAN & O'KEEFE BY• TIMOTHY J. O'KEEFE, ESQUIRE 10 Chestnut Street Peabody, MA 01960 531-1421 6 of 6 2. 3. 4. LEASE O - PARTIES: This Indenture, made this>b day of 1983, Is between the City of Salem, Massachusetts , acting through its Mayor, _ .;«:.... Jean A. Levesque (hereinafter referred to as LESSOR) and SALEM SOUND x u:. ,23 VELOPMENT CORPORATION with a principal place of business located at 43'Congress Street, Salem, Massachusetts 01970, - PREMISES: The LESSOR for and in consideration of the covenants, conditions, • „. agreements and stipulations of the LESSEE hereinafter expressed, does hereby lease to the LESSEE the following described land and the building, or portion _ thereof located on said land, if any: The area identified as Section "G," including, the land to the low water mark, "G-1" and "J" on the "Winter Island Commission Master Plan," all as shown on the - - attached Exhibit, identified as Exhibit A. TERM: The term of this lease shall be for twenty (20) years commencing Q 003 _ , 198.3, and ending �y�vr I .30 , � unless therWfse terminated as provided herein. This Lease shall be valid only if not in violation of Massachusetts General Laws, the Charter or Ordinances of the City of Salem. RENT AND CONSIDERATION: The LESSEE shall 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 less than Twelve Thousand Dollars/year ($12,000.00). Rent shall consist of 5% of gross income for the first five 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 Dollarslyear ($12,000.00). The LESSEE shall 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 be paid in two installments, the first Installment shall be paid in the sum of $8,500 on July 1, 1983, and on July 1 of each year thereafter; the balance due as installment two under the terms of the Lease shall be paid no later than 60 days following the anniversary date of this Lease. For eg.: Lease executed March 1, 1983: rent balance for year March 1, 1983 to February 28, 1984 due no later than April 30, 1984. C) The LESSEE agrees as a condition of said Lease, to construct a marina pump out station if required by the U. S. Corps of Engineers. The LESSEE also agrees to make available float space at a fair market and competitive fee to any other commercial tenant including other commercial entities owned by LESSEE. These commercial ventures will be further licensed and approved and a fee shall be set by the Winter Island Commission. - Float space will be provided for the Salem Harbor Master Vessel. .' . ! Any and all fees to be charged, including any increases or decreases, shall )� ; •''' be submitted to the Winter Island Commission for approval prior to N Implementation. The Winter Island Commission shall approve or disapprove the proposed fees within forty five (45) days. Failure of the Commission to act within 45 days shall be deemed approved,- .� 1 .f D) The LESSEE shall be responsible for the construction and maintenance of the building to be constructed on said demised premises and any future repairs, alterations and/or replacements provided that the repair and/or ri"• - replacement was not necessitated by Lessor's negligence or misconduct. ' :. •' The proposed building shall comply with all applicable building codes and be n approved by the Winter Island Commission. Upon termination of this lease, - -- - - - all Improvements, Including the marine support building shall become the sole property of the City of Salem. { 5. USE OF THE PREMISES: The purpose for which the Premises may be used are set forth in the "DECISION ON THE .PETITION OF SALEM SOUND DEVELOPMENT CORPORATION," dated May 4, 1982, attached hereto as Exhibit B. except that the Marina to be constructed hereunder shall not include more than one hundred fifty (150) slips without the express written consent of the CIty. i 6. CONDITIONS: The LESSEE'S obligations under this LEASE are contingent upon: A. the grant of a Special Permit by the Board 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 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 Review Board shall have the right to review and approve of the construction plans for the marine support building before a building permit shall be issued. The LESSEE shall participate in good faith in the formation of the Winter Island Association and shall fulfill all of its obligations as a member of the association as set forth in Paragraph 7. The failurebf the LESSOR to pay its proportional share of the expenses incurred by the association shall constitute a failure to pay rent under this LEASE and shall subject the LESSEE to all of the remedies available under this LEASE and at law to the LESSOR. -2- 7. .ASSOCIATION: The LESSEE shall be a member of the association for Winter Island and as such a member shall pay a proportional part of the expense borne by said association for maintenance, common security, and improvements of the lands occupied by the members of the association. Said amount shall be an x y amount mutually agreed upon by at least a majority of the members of the: association. If the majority of the association is unable to agree uponn the the `, b� proportional share to be borne by the members, then the determination of shares b. tifV shall be made by the City of Salem Winter Island Commission, and its decision shall be final and binding on all of the members. The association shall be responsible for providing security at Winter Island on a 24 hour/day basis. In the event that the association fails to or is unable to provide adequate common maintenance and security, the LESSEE agrees to provide 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 rneintenance - and security. - S. IMPROVEMENTS/REPAIRS TO LAND/BUILDING(S): To enable the LESSEE to ' use and occupy the premises for the purposes 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 same shall be borne by the LESSEE. HOWEVER, no such improvements, alterations, 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 provision's 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 determine whether or not the LESSEE is complying with the requirements regarding maintenance and repairs required by this paragraph and paragraph 11. If the Building Inspector determines that the requirements relative to maintenance and repair are not being reasonably fulfilled or that the premises or improvements are being allowed to waste then the Building Inspector shall provide written notice to the LESSEE of the items which are in violation together with a reasonable period of time in which the LESSEE must remedy the violations. Failure to the LESSEE to remedy the violations in a resonably period of time shall be deemed a violation of the LEASE and clause for termination. The LESSOR shall allow the LESSEE adequate time to complete all necessary repairs and shall support any necessary applications for approval from any city, state or federal agency or board. INSURANCE: LESSEE shall keep the premises insured for their full insurable value loss or damage by reason of fire or other casualty, and all coverages comprehended in extended coverage insurance. _fK The LESSEE shall insure the "Premises" for any personal injury and property damage arising out of or in connection with its use and occupancy of the premises in an amount not less than $100,00/300,000, and shall name the City of Salem and Winter Island Commission as a co-insured. In the event that the statutory limit of liability for the City of Salem or Winter Island Commission is at any time during the term of this lease increased, then the insurance coverage for personal injury and property damage shall be automatically increased 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 the term of the LEASE, and shall provide proof to the anniversary date of the insurance policy, that the premium for the succeeding year has been paid. Failure to comply with this provision of the LEASE relative to its terms and a sufficient cause for termination. 10. PEACEFUL ENJOYMENT: A. LESSOR agrees that upon LESSEE'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 quitely have, hold and enjoy the premises 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 lease. 11. CONDITION OF PREMISES AT TERMINATION: LESSEE, at the expiration of the term hereof, or at any prior termination as herein provided, shall peaceably yield up the Demised Premises and all additions, Improvements and alterations made thereupon in the same condition and repair as the same were in at the commencement of the term hereof, or may have been put in thereafter, reasonable wear and use, damage by fire or other casualty, acts of God, acts of war and the enemy and acts of paramount authority only excepted. - 4- s s, 9. yt .,M -1 s The LESSOR shall allow the LESSEE adequate time to complete all necessary repairs and shall support any necessary applications for approval from any city, state or federal agency or board. INSURANCE: LESSEE shall keep the premises insured for their full insurable value loss or damage by reason of fire or other casualty, and all coverages comprehended in extended coverage insurance. _fK The LESSEE shall insure the "Premises" for any personal injury and property damage arising out of or in connection with its use and occupancy of the premises in an amount not less than $100,00/300,000, and shall name the City of Salem and Winter Island Commission as a co-insured. In the event that the statutory limit of liability for the City of Salem or Winter Island Commission is at any time during the term of this lease increased, then the insurance coverage for personal injury and property damage shall be automatically increased 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 the term of the LEASE, and shall provide proof to the anniversary date of the insurance policy, that the premium for the succeeding year has been paid. Failure to comply with this provision of the LEASE relative to its terms and a sufficient cause for termination. 10. PEACEFUL ENJOYMENT: A. LESSOR agrees that upon LESSEE'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 quitely have, hold and enjoy the premises 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 lease. 11. CONDITION OF PREMISES AT TERMINATION: LESSEE, at the expiration of the term hereof, or at any prior termination as herein provided, shall peaceably yield up the Demised Premises and all additions, Improvements and alterations made thereupon in the same condition and repair as the same were in at the commencement of the term hereof, or may have been put in thereafter, reasonable wear and use, damage by fire or other casualty, acts of God, acts of war and the enemy and acts of paramount authority only excepted. - 4- Including federal government purposes, or shall be substantially destroyed or greatly damaged by fire or other unavoidable casualty, or by the action of the City or other authorities, after the execution hereof and before the expiration of the said term, then this LEASE and the said term shall terminate at the election of either the LESSOR or LESSEE or their heirs or assigns, within thirty (30) days of said casualty or taking, and such election may be made in case of any such taking notwithstanding the entire interest of the LESSOR, or its heirs or assigns may have been divested by such taking or destruction of or damage to the demised premises, a just proportion of the rent thereinbef ore reserved, according to the nature and extent of the injury sustained by the demised premises, shall be abated until the demised premises are restored, or in case of such taking, what may remain thereof, shall have been put in proper condition for use and occupation. 14. ENTRY BY LESSOR: The LESSOR, and his agents, shall have the right to enter into and examine the premises only upon reasonable notice to the LESSEE. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. 15. PARKING AND PARKING STICKERS. The LESSOR shall provide parking adequate for ninety (90) passenger motor vehicles in approximately the area shown on a plan to be attached as Exhibit C. When leasing a slip in the Marina, the LESSEE shall collect, and pay to LESSOR, a separate fee for a Marina Parking Sticker which shall be issued by the Winter Island Commission and shall permit parking In the area designated on Exhibit B for the calendar year in which the sticker is issued. 16. LESSEE'S OBLIGATIONS. The LESSEE shall construct, within one year of the date of this LEASE, a 150 slip Marina at a cost of not less than Five Hundred and Forty-five Thousand Dollars ($545,000.00), a pier and ramp at a cost of not less than One Hundred Thousand Dollars ($100,000.00), a marina support building at a cost of not less than Sixty Thousand Dollars ($60,000.00), all in accordance with the proposal of Salem Sound Development consisting of four (4) pages attached hereto and incorporated by reference herein as if fully set forth. The design and location of these improvements shall be approved prior to construction by the Winter Island Commssion after receiving` written recommendations from the City of Salem Engineer and the City of Salem Harbormaster, and the Salem Historical Commission. The Winter Island Commission shall approve or disapprove the design and location of the proposed improvements within 45 days. Failure of the Commission to act within 45 days shall be deemed approval. -5- 12. REMOVAL OF LESSEE'S PROPERTY: LESSEE and those claiming by, through or under LESSEE, may, at any time prior to the expiration of the term or prior termination thereof, then or within a reasonable time thereafter, not to exceed t thirty (30) days, remove its personal property, and readily removable fixtures, provided that if such removal causes any damage to the demised premises, o .f LESSEE shall promptly repair the same. ,<< 13. CASUALTY OR TAKING AFFECTING PREMISES: - n'4 Ct^>�. In case the said premises, or any part thereof, shall be taken for public use, Including federal government purposes, or shall be substantially destroyed or greatly damaged by fire or other unavoidable casualty, or by the action of the City or other authorities, after the execution hereof and before the expiration of the said term, then this LEASE and the said term shall terminate at the election of either the LESSOR or LESSEE or their heirs or assigns, within thirty (30) days of said casualty or taking, and such election may be made in case of any such taking notwithstanding the entire interest of the LESSOR, or its heirs or assigns may have been divested by such taking or destruction of or damage to the demised premises, a just proportion of the rent thereinbef ore reserved, according to the nature and extent of the injury sustained by the demised premises, shall be abated until the demised premises are restored, or in case of such taking, what may remain thereof, shall have been put in proper condition for use and occupation. 14. ENTRY BY LESSOR: The LESSOR, and his agents, shall have the right to enter into and examine the premises only upon reasonable notice to the LESSEE. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. 15. PARKING AND PARKING STICKERS. The LESSOR shall provide parking adequate for ninety (90) passenger motor vehicles in approximately the area shown on a plan to be attached as Exhibit C. When leasing a slip in the Marina, the LESSEE shall collect, and pay to LESSOR, a separate fee for a Marina Parking Sticker which shall be issued by the Winter Island Commission and shall permit parking In the area designated on Exhibit B for the calendar year in which the sticker is issued. 16. LESSEE'S OBLIGATIONS. The LESSEE shall construct, within one year of the date of this LEASE, a 150 slip Marina at a cost of not less than Five Hundred and Forty-five Thousand Dollars ($545,000.00), a pier and ramp at a cost of not less than One Hundred Thousand Dollars ($100,000.00), a marina support building at a cost of not less than Sixty Thousand Dollars ($60,000.00), all in accordance with the proposal of Salem Sound Development consisting of four (4) pages attached hereto and incorporated by reference herein as if fully set forth. The design and location of these improvements shall be approved prior to construction by the Winter Island Commssion after receiving` written recommendations from the City of Salem Engineer and the City of Salem Harbormaster, and the Salem Historical Commission. The Winter Island Commission shall approve or disapprove the design and location of the proposed improvements within 45 days. Failure of the Commission to act within 45 days shall be deemed approval. -5- 1 " 17. LESSOR'S OBLIGATIONS. The City of Salem shall support In good faith all applications for permits necessary to the construction and operation of the _.. ' ..... marina and ancillary facilities to be constructed hereunder. In the event that all 4 � permits to construct the marina have not been obtained by June 30, 1983, then the first Installment of rent due on Jul 1983 shall be Y 1 r postponed untll all such permits have been obtained. 5. 18. ASSIGNMENT OR TRANSFER SUBLEASING AND INDEPENDENCE 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, - without the prior written consent of LESSOR. .,H r „ 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 if 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 if 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. 6- �"/V 19. INDEMNIFICATION": LESSEE agrees to indemify and hold LESSOR harmless from and against all liability of whatever nature, including claims, loss and . - damage to which LESSOR may be subject by reason of any act or negligence of a.4 M.?r,y:,'t LESSEE causing damage to persons or property, or both, in connection with - p LESSEE'S use and occupancy of the demised premises and the conduct of its business at said demised premises; provided, however, that LESSEE shall not be liable for any damage, injury or loss solely caused by the negligence of LESSOR its agents or employees; and provided, further, that LESSOR shall give to LESSEE reasonable notice of any claim made or suit instituted, and the LESSEE shall have the right to compromise and defend the same. �• 20. ADDITIONAL CONDITIONS 1. No more than four (4) boats owned by Salem Sound Development shall be stored on the leased premises. - --- -- - -- -- - - 2. LESSEE will supply a drop-off and tie-up service with tender rack which i they will operate at a fair and competitive market rate. 'i LESSOR: CITY OF SALEM, MASSACHUSETTS By _///, LESSEEit/ii,ZZ JW,.l -l/ i �"/V l RECEj% E r- oIQm,tz�c%u�tis.82 �Y -a P2 31 �xkutxr ofOFFICE r�!V CIT`C CLERIC S sab4 DECISION ON THE PETITION OF SALEM SOUND DEVELOPMENT CORP FOR A SPECIAL PERMIT FOR A PARCEL OF LAND ON WINTER ISLAND A bearing 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 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' a 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. 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 proposee use will promote the health, safety, convenience, and welfare of the City's inhabitants and that the proposed use is in harmony with the Zoning 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 —:a c — p C '82 thy. -4 P2.31 DhCISION - SALEM SOUND DEVELOPMENT CORP. FOR SPECIAL * AV LAN ON WINTER ISLAND "'' �`` cows OFFICE PERiIT FOR A PARCEL D � CITY C Page 2 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. 6) Petitioner will, together with the Winter Island Commission, agree . on a plan to give Salem residents priority for the marina slips. If no such zgreement 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 must be owned or operated by the Petitioner. Anthony M. Feeii=_'rry,,' Secretary 8W.RD 07- LP?LL COPY OF THIS DECISION AND PLANS HAS BEEN FILED WITH THE PLATTUINC BOARD AND CITY CLERI:. N Je I p - °✓ '. • `"`P ). JING V p �)ONT AT t ` NL:N \L HM✓�' I `,/ 11 �T +- ,` �- \)c - }Dt.TTON 1y MAN6..2 \ \�• I _ �_ ✓/ O O/. SUIT 6Y ll .l✓� .� � /. \ �/IUnr i ; `' i,: � W r hl .:, .SEN Rrni� �. � ✓�\ \ \ '1 �I �..I �_ _ .�( /i.. - �J \`�-,.—�_ EOyF.- 1 yrC \ ✓ `�I TAHY I E.L i �.TnL h, ./'. 41 11r+--� \ n•f f rMa _- � 1 l ,• =III �:^ ♦T V rI I1GC 11.--- � �\':i_'»r•pn� -----• .. - .. ! RV 19 J �. �� {'—�-- O PSC00 L�4NT /% � o ]n\n ` . Ar • l W I DI-]IGGLC RL'D LIC Y.(l I _ �.�,� �' ' EAPf_A13E Q I, ,� SN�uNEY G :.CITY J?W6.* P SEAPI �_ " ,l a >_'ii�f• T-� .;,,. s"T7 :-JJ SO f� 9S}M9E ! 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's Forms ,-,._r OEOEFiletJo. 64-97 fro be provided by OEQEI :S - Commonwealth srCityy/ ALEM ,,.A ic of Massachusetts SYS >p�st°, Salem Sound Development a • , ,r!X1 R; sem { at Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 Fro SALEM CONSERVATION COMMISSION To Salem Sound Development City of Salem, c/o Winter Island Comm. (Name of Applicant) (Name of property owner) Address 23 Congress Street, Salem 'Address City Hall, Salem This Orders issued and delivered as follows: ❑ Eby hand delivery to applicant or representative on (date) xx® 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, 1983 (date) The public hearing was closed on October 13, 1983 Findings (date) The SALEM CONSERVATION COMMISSION ' has reviewed the above -referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the CONSERVATION COMMISSION at this time, the COMMISSION has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act (check as appropriate): ❑ Public water supply x:1 Storm damage prevention ❑ Private water supply ❑. Prevention of pollution' ❑ Ground water supply xf3 Land containing shellfish ❑ Flood control xf3 Fisheries 5-1 �1 C I ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. x 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. _ 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the COMMISSION on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site riot less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 64-97 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: \, 5.2 Therefore, the SALEM CONSERVATION COMMISSION hereby finds that the following conditions are - . �." •+ necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The CONSERVATION COMMISSION orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above "To the extent that the foi- lowing conditions modify or differ from the plans, specifications or other proposalssubmitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply withal[ conditions stated herein, and with all related statutes and other regulatory meas- ures, shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. x 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act; or (b) the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. _ 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the COMMISSION on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site riot less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Quality Engineering, File Number 64-97 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: \, 5.2 Plans: :._. Title Dated Signed and Stamped by: -On File with: Plan Accompany Petition of Salem Sound Development to ,..,,_.,d_...._._.. Construct and Maintain a Timber .. PiEZ dild martna mcility>_n Salem, MA. (3 sheets) 9-21-83 Daniel J Lynch #23331'" Conservation Comm. (ShePY 1 --Urn necrl Timhcr Tl,, ing" Pile Bend Pier Elevation and Section Sheet 2 --Plan of Marina and Pier Sheet --Typical Sections --Marina Float System)USCG Sheet #57 "Marblehead North" Special Conditions (Use additional paper if necessary) ------- 13. _. :_ ___. 13. Work shall conform to the above -referenced plans. %.• o<'i''. 14. No fueling facilities shall be installed without a new filing 15. No dredging shall be performed without a new filing. 16. Coast Guard approved oil absorbent materials shall be stored onSsite. 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 Registered Land Surveyor, shall be submitted to the Commission prior to issuance of a Certifi- cate of Compliance. (Leave Space Blank) 5-3A SALEM -CONSERVATION COMMISSION Issued Conservation Commission :U';i':f _ :gy R .:i:1r .. This Order must be signed by a majority of the Conservation Commission 27th. ' _ .. October' . ,...._ 83 _ On this_' � day of 19 , before me :pbrsonakyappeared theabove—named persons - �" ;tomeknown tobethe . . poison described in and who executed the foregoing instrument and acknowledged that he/she executed the sante is/her free act and de 9-9-88 Notary Public My commission expires The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land upon which the proposed work Is to be done or any ten residents of the city or town in which such land is located are hereby notified of their right to 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 ten days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. Detach on dotted line and submit to the - prior to commencement of worlt- To 'Issuing Authority Please be advised that the Order of Conditions for the project at File Number has been recorded at the Registry of and has been noted in the chain of tide of the affected property in accordance with General Condition 8 on 19_ If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant 5.4A • t 'flu of idem, 'Massadjusef#s � Yw�yd,, I � �,Iltttming �;3unrD Rej e ' (Otte "63nlEm Greett November 18, 1983 SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT City of Salem/Winter Island Commission One Salem Green Salem, MA. 01970 F'Frt_i'r_ . '83 NOV 18 All :3 S CITYCL_RI''- iFEICE .s On Thursday, November 3, 1983, the Planning Board of the City of Salem 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 November 17, 1983, the none opposed, to approve the application Board voted, by a vote of seven in favor, 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 Timber Pier and Marina Facility in 'Salem, MA. (three sheetas Sheet 1 --Proposed Timeber Bearing Pile Bent Pier Elevation and Section; Sheet 2 --Plan of Marina and Pier; Sheet 3 --Typical Sections --Marina Float System), dated September 21, 1983, prepared by Daniel J. Lynch 423331,.and USCG Sheet 957 "Marblehead North," and letter dated November 4, 1983, signed by Mr. Lynch. 2. This order doesnotgrant any property rights or any exclusive privileges; it does not authorize any injury to private/public property or any invasion of public/private rights. I hereby certify that a copy of this decision and plans have been filed with the City Clerk and copies are on file with the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. dey Date I Hereby certify that 20 days have c. nlrea ' from the o_:e this ins llumcnl was I. ah'd that NO AP?LAL hos LC= Gird in I;)i' a Cx� tarT 4 M)EST: Ill Mr, Salem, Mass Walter B. Power, 'II :'11 Chairman, Planning Board N ✓� �000x�no�u�ea.�t o����ac�tuQekd - ///j)�( �sauli.:ns �p�ioe of �K�nniwewlal �ai� q,: (O!{�ILM7�IyN�I�A/�f� :1Jie�raius a/ eda"/�:ls�ote'a�soi. � 4 f I7 6WOF JGreeG, 9904&0 02109 July 2, 1984 Salem Sound Development _ .. - 23 Congress Street Salem, Ms. 01970 Dear Sire: 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, Ms. 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. cc Corps of Engineers DEQE- Region III enc: License and Plan dfh/JZ V ry tru ours, C John Z c,- Jr. Chief Engineer Waterways Regulation 11 r it - ..Form WD b4 y _' ' 1,, _?IIl�r (�nmmunmpnlxl� of !�{ttssurl�ttsrlts �-�� � . • Salem Sound Development Corporation Of Salem . in the County of Essex and Cammonwealth 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 fined for a hearing thereon has been given, as required bylaw, to the Mayor and City Council . of the City of Salem ITvw said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and lioeneea the ofd Salem Sound Development Corporation , subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to construct and maintain a timber pier in and over,the waters of Salem Harbor in the City of Sales in conformity with the accompanying D.E.Q.E. License Plan No. 1061 (3 sheets). 9 License No. 1061 Page 2 A pile and timber pier may be constructed and maintained extending into Salem Harbor in a southwesterly direction a distance of approximately 240 feet beyond the mean high water line. Said pier may have a maximum width of 14 feet as measured to the outside of siderails, and a finished deck elevation 14.0 feet above the mean low water datum =#V* 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 marina.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 91 of the Massachusetts General.Laws. Any unauthorized change in use or structural alteration shall .render the license void. Licenses granted -by the.departmsnt pursuant to this ....chapter 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 raid plan, numbered 1061 is on file in the office of said Department and original of said plan accompanies this License. and Is to be referred to as a part hereof. The amount of tide -water displaced by the work hereby authorized has been ascertained by sail Department, and compensation thereof has been made by the said Salem Sound Development Corporatio License No. 1061 Page 3 Nothing in this.lieense shall be.construed as authorizing encroachment on or over property not owned or controlled by the licensee, except. ,with the consent of the. owner or owners thereof.tz Acceptance of this license shall constitute an agreement by the ice so, to conform to all terms and conditions herein stated. This license to 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 maybe modified or may be revoked in whole.or in part in the event of the licensee, its successors and assigns, failing to comply with said authorization or any provisions of the license or failing to maintain all authorized structures and Installations in good condition, to the satisfaction of the Department of EnvironmentaL 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 Comonwealth or claim for compensation by the licensee, its successors and assigns. This license is granted upon the further express condition that the lican ' its successors and assigns, shall upon request in writing by the Dqparrment of Environmental Quality Engineering or its successors, cha a location of said lower it to such depth, or raise it such height, as said Department may prescribe or remove it entiroi said waters, and said licensee, by accepting this license she deemed to consent and agree to the condition herein set forth, -and se of any refusal or neglect on the part of the licensee, its succ s and assigns, to comply with this condition, then this license s e wholly void and the Commonwealth, by its proper officers, ma oceed to remove or to cause the removal of said at th ense of said licensee, its successors and assigns, as an unauthorized unlawful structure in said waters. License No. 1061 pap 4 by Paying into the treasury of the Commonwealth Two dollars and no cents ($2.00) for each cubic yard so displaced, being the amount hereby a==W by said Department. (16 cubic yards)' Nothing in this License shall be so construed as to impair the legal ri is of ao This License shall be void unless the same and the accompanying plan are recorded within sixty, dd*P, from the date hereof, in the Registry of Deeds for the Southern Matrlct of the Count)r of Essex Itt INUttPD9 04PiPHs, said Department of Environmental Quality Engineering have hereunto set their hands this Twenty-ninth day of May _ ... _. _ _-- in the Year _ nineteen hundred and eighty-four... Chief Engineer Department of Division DirectEnvironmental Quality Engineering THE COMMONWEALTH OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by the said 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 Common Approved by the Governor. AOMM94 *b WMfWLTi y • :QLYM►/[e *0049 TbIL S • 47sr*rvcg of W 1.1rw/ Zd Lu^ r) M4 O'f . D1N1lVelrl • r '. hdWtlllNAtAI et MAys �e;•T N NA11M1►1. Qtlsv�Est . i�MilfRssl►i[w►aLµAr/4�ILwrur pow le• CA046410" 9T deSreN �wlhc2�" Cir• 45 W Swl.t►.n _ 9i W+rsle TstAMV Ca+•41.S0110 ,!! CP1C S^. W. CMIWCM • 51. CPA A&^ 01•j�e DSII S iw 3 •sm grMMAL Nefst 11.4 IM WlMTCR. TSLANp J i +- •ti •I.11•M I y. . A erya 'Q 1a.• 8�•� % JAe•s /1 LOA Q ccam?ANy o4 Purrsw OF ?AL[N SAuwD CtvgLO"cor !� (il *OCT Aa.o MAurr►eN A 11.4e1[r.Pl.& 400 MAQuIA 1rAClLvrr IN gAL[HNAtselc CIyfae5A6[1•, COwOM 00 ftlMMA}1n n rM i 0 40 /I� V ,•U Qj ,l'� wi c ri dry A. u Y 1 t'� e. MAR►w► 1l.A�t oa f,Ia *ease ,,.. ie•' LICENSE PLAN N0. WWW r1 Owutweet d Emilawtlew Qvl" evnee �/�✓11 /QA 4 7 �i • ufi�ail646OW&RUSO kc itty�Grs Aaa I '_ trs N�was:� - � tl 4•• Ma11LjI ' 1 ar Mlr . TII•I•aL ik; SaY►•a 17.•Y IN �, G, Sas e4 .� ria rwm L~. 'Pat pigs cr 1;"a m SO&O W6 IR&& Scar. P. an .lFLau•eleu 1". dpi e. a•eftfo" ti (I ♦ 6Al.vw deco fR64. Chad~ as W/ s.l.+y R WTsw OR taw u s ANIlL a 1. U'NCN • /p//�� tA% ACCONAwy," q' ir" (1 es 'ALfM j9~ O§UrL.p1E04srT- 16 iiwsmmAAIB MANimm A r,"MQgi Aw NAQJCNI fACu.I.Y IrSAIAM 44to R �i N.SAIJ+tiI_Clalal� M � MAff(,) l ,1 IA' �C•e�e.�11Yr f 4{►� i �Y. YIY I a a YL W i I,p 1■Komm i•I•Mw• (Z Vol be / I 127MNao. 6i $awr •s LICENSE PLAN NO. /0G/ Av, o•N a Dow n(NI(t a k d Ar• utki tu. mamlluum CJ'dMISS*Neffl CHIEF ENGINEER L"_VISLOA DIRECT( 1N tLAwM EQ��tg WATtodAL. &"PhV e, MLWJ VAASAtr 1929 L) 1W Piffvowv •i TNL paip* cc MARKKA iS C~09"LO sem„ fl•4ace emo if .JeT mvic.aw *1 S.uw.mss 47 fowMmr. f+'WrWQ,&s is eg"Ami was M+a•.+r• 5.) 'Popp~ 1MRC.. ty ftleww sko %WO eMfs Mwwwp l ��.i�f.MlA FLM i C�wctt tE.+r alit r _& �f�uJ. �✓Cct►ovS.w�..u, iw►r SYtrsM1 LICENSE PLAN N0. /o`/ s/.riter IzW �tr✓�pAuClwl. '�nrre.l J► f Lsrt 4.0Juv ah &OgcioL]Wr r dwwtar "Q. WNursu► A IaAeW Rg a ANO NA121►J♦ FAGILoV Iw SL6104 ryv�oQ G► rj / -'ALS64, C4*!lNrt OF E HAS, l . .. ..s • .b. s... a$. I%s. 5 K 5 e+( 31 WOO EXCERPT FROM SALEM BOARD OF HEALTH'MEETING HELD ON n e FEBRUARY 21, 1984 PERTAINING TO WINTER ISLANDa.: a4y _ WINTER ISLAND Patrick Scanlon stated that a letter received February 13;,:19a4 . 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 item from the'Agendalbecause it doesn't appear to be ripe for discussion due to the City Solicitor's opinion. Applicants are not in favor of withdrawing application Patrick Scanlon stated that this issue has no standing before the Board based on legal opinion, therefore application is not being discussed. A Motion presented by Bob Bonin, seconded by Dr. Reines, To Remove the Sanitary Waste Disposal Winter rsland Marina from the Agenda the reason for this motion is that the item was not ripe.for discussion based on the -City Solicitor's Letter, received February 13, 1984 and that all further correspondence be referred to City Legal Council. No Further Discussion Took Place. All In Favor of Motion. ......... a^M c 'MTNTTTRR 11 f 0J o,E tl f +,+,jfl j r.� °� ,. + 1:"assachusetts, and by e$ �3,p of'. the Deed Records of Essex County, States from dated June 24, 1865, re - t0' the pnited the City of Salem, hi,, + That Ii 3 ki 1678, leaf 291 of the same Records: Provided, However, blic park purposes, or ;o"igTty;.hereby:lconveyed shall be used for pu qT Cir hand any or all of said land shall be szbject to r pulo]li0e manner to and all times and in any iri' +'Of the United States at any leave i' hold, use and occupy without license, consent a! w i��.�i �'' , . I all military, naval or lighthouse purposes, _theisaici City for any and Qm any -conveyance, or liens made, cr charges, encumbranceseated, i Provided further, That the h ted, or, sanctioned thereon by said City: damages or coWFensa- 'States shall not be or become liable for any the Gove;�.ment of e future usby 4'Fgtgkrer ito the said City for any of the above-mentioned Pur - above -mentioned �'tiI-'� i •IG, a. �,` or all of the above-mentioned land for any s; And provided ,further, That if the said land shall not be used for purp,4$es'hereinabove mentioned the same or such parts thereof not so lles0q the said John shall revert to the United States. :IN 'WITNESS WHEREy' eeks,'Secretary of War of the United States of America,under the of the Ale of Congress aforesaid, has executedtriese presents ority ear handthe seal of the War Department this the day and Y1labopltl'kanrit' 7. w+'(U, S, of America mar Office seal) U ited. States 0f America, All of Wac. i Secretary )= j gy• J John W. Weeks i {, Ti �. of Liay, 1922, be - ,i `` CA! District of.Columbia ss. On this 12th day "by me being to me personally known, who, a�{p@ared JOhn W. Weeks, of War of the United States srOrit�_,,didajc)1y�Q..he is the Secretary America, and th9t the seal' affixed to said instrument is the official ,;., �' meat, and that said instrument was signed and sealed g, of the War a virtue of the authority con- � be �'r ��t�� States of America by 25, 1922,(�blic-No. 153, 0 �i t t�eQ 'jthg +go��,".p � C;tlngress� approved February i entitled "An AcIt t Providing for the conveyance of certain jL_ t th'Congress) , It 4, , egg ary res ations in the -State of 1?assachusetts to the city o d tihe said Jr h^. W. vroeks acknOwledg- m and 'the town of Marblehead", an of the United States of e,igpild instrument to be the free act and deed A.i,�lmuth Notary Public (Notarial seal) ,. 1924 4'd'� ) apMISS-Jon expires Feb. 27, �r� 1922. Referred to the Committee on public Prop- Ct Juy clerk. iff0rd Entwisle aId Examined. ast 11 r.L. Reccr +` >r 1 Iiadl 14 1928. 32 m. Pa ----------- v if It h--------------------------------- 1 �pp,.I �+rl i11q This Lidenture made this 12th day of May, 1922,1 between theyTuL{LiBd`, of America, acting through and by John.W: Weeks, S�et��ta� of X14 �ht I I,I� of the first part, and the City of Salem, in the State of Mas'j s fL3 party of the second part, WITNESSETH: XIDMEAi3; abs • at oP7Congress• a � 7'`4 February 25, 1922, (Public- No. 153, -67th Congress)` entitled "1Kmm, t Providing for the conveyance of certain unused militatyr�rege�vatlbns''!an the State of Massachusetts to the city of Salem and the totoatof *iVieheWL the Secretary of War is authorized and directed to convey, 17y quit1cl�i.m � deed, to the Cit of Salem in the State of Massachusetts 'stir Y � � petuai a 1. use as a public park or other public use, Certain property;Ytherein YA hereinafter described. NOW TH=OBE, the United States of America G�actling through and by John W. Weeks, Secretary of War, by virtue of said A1L of 1 Congress hereby conveys, remises, releases and quitclaims unto the "id City of Salem, in the State of Massachusetts,.for perpetual use as dpub�, lic park or other public use, all the proprietary right; title and ter I t�• est of the United States of America to and in that certain tract ofji:and�l i!il i together with all structures and improvements th, �(q�om oyPedit States, embraced within the military reservation knovrrn as Vont Te'e; itu� e or, Salem Neck, in Essex County, in the State of Massachusetts,`4&y1,''. t ing approximately two and three tenths (2.3) acres, being''the'same. �. d � iI;ji that was conveyed to the United States by the City. of Sa1emv7-17- slat �Ga, July 31, 1867, recorded in Book 730, leaf 10 of Deed Rec6i-d3 ofIR 91 1,...10� County, Yassachusetts, And all the proprietary right, title andl'iz} ed I'I of the United States to and in those certain tracts of land,�66t4V 4V all structures and improvements thereon owned by the United States.,; braced within the military reservation known as Fort Pickering,';Si Salem, in Essex County, in the State of Massachusetts,,including'i'e 1 on Hospital Point and a portion of Winter Island,, in the har'bor,; a taining an aggregate area of approximately thirty-two (32) aoresly JA the same land tba.t was conveyed, to the United St,a481 by'il 1e OR! of the City of Salem, by deed dated September:rl's