The Woodlands Complaint 12-20-2018 RECEIVED
D'ERAMO'�
10 ANDREW SQUARE,SUITE 101
PETER SZYJKA,ESQ.
DEC 2 6 2018
SOUTH BOSTON,MA 02127
DAvID E.UERAMo,ESQ. - TEL.:617-269-4290
O HEAL
BOARD OF HEALTH
PATRICK M.CONRAN,ESQ. ATTORNEYS AT LAW CITY FAX:617-314-9234
December 20, 2018
Via Priority Mail, 9405 5036 9930 0365 098109
Elizabeth Gagakis, Senior Sanitarian
City of Salem
Board of Health
98 Washington Street
Salem, MA 01970
Re: "The Woodlands" Subdivision—impact on neighbors at 23 Clark Avenue, Salem, MA
Dear Ms. Gagakis:
This office is legal counsel to Tadeusz and Joanna Barcikowski ("Barcikowskis"),
owners of a parcel located at 23 Clark Avenue, Salem, MA("Affected Parcel"). The Affected
Parcel abuts a subdivision development project known as The Woodlands ("The Woodlands").
The Woodlands is a cluster development of 26 residential homes on Clark Avenue in Salem,
Massachusetts. The Woodlands development is constructed on land owned by Nicholas S.
Meninno and Deborah Regan as Trustees of the NSD Realty Trust("NSD"). It appears that most
of the work is performed by Meninno Construction Co. Inc. ("Meninno).
The construction on The Woodlands has been going on for over two years. The project
involves blasting, excavation of rocks, crushing and grinding of stones, earth moving and
grading and erection of buildings. Meninno uses heavy equipment, machinery and vehicles to
perform the work. The work performed by Meninno has constituted an extreme nuisance and
hardship to the Barcikowskis, who are a recently-retired couple. The Barcikowskis have
suffered and are continuing to suffer very serious damages as a result of Meninno's work on The
Woodlands, including but not limited to:
• Constant, excessive noise which prevents them from using and enjoying their property,
especially when multiple hydraulic stone breakers are crushing stones directly next to
their backyard(it should be noted Meninno could crush the stones farther away from the
Affected Parcel and other properties as The Woodlands consists of over 750,000 square
feet of land);
• Constant and ongoing migration of dust from the constructions site, which prevents the
Barcikowskis from using and enjoying their home and backyard, constitutes a health
hazard and is damaging their property;
• Constant and ongoing impact from projectiles (rocks of various sizes launched into the
air during stone crushing process) onto the Affected Parcel from the constructions site
which has caused severe damage to the outdoor sections of the Barcikowski's house and
r
improvements on their yard, including deck, patio furniture, gazebo and swimming pool
(see attached photos as Exhibit 1);
• Various cracks throughout the Barcikowski's house and a leaking roof as a result of
excessive vibration from stone crushing work directly next to the Affected Parcel (see
attached photos as Exhibit 2);
■ Various cracks in the Barcikowski's driveway as a result of excessive vibration from
stone crushing work directly next to the Affected Parcel(see attached photos as Exhibit
3); and
• Damages to their vehicle as a result of projectiles from the construction site impacting the
hood and roof panels (see attached authorization from New Angle Glass Co. as Exhibit
4).
Pursuant to the City of Salem Planning Board's decision of February 22, 2016 granting
the Special Permit to develop The Woodlands ("Special Permit"),the developer needed to
comply with several conditions, among them:
• Section 13g states "[t]he developer shall submit [to] the City Health Agent a written plan
for dust control and street sweeping which will occur during construction";
• Section 13h thereof states "[t]he developer shall submit [to] the City Health Agent a
written plan for the containment and removal of debris, vegetative waste, and
unacceptable excavation material generated during demolition and/or construction";
• Section 20 states "Prior to the start of work on the approved subdivision, a pre-
construction conference shall be scheduled with the City Planner...the Health
Agent....The Owner shall submit a construction schedule at the time of the pre-
construction conference."
I request that you provide me with a copy of all these documents as soon as possible
along with any other documentation in the Board of Health's records pertaining to The
Woodlands development.
In addition to the foregoing requirements, the Special Permit demands in Section 21a(v)
that"[a]ll reasonable action shall be taken to minimize the negative effects of construction of
abutters." Please provide any information known to you or documentation you may have as to
the steps NSD has taken to comply with the foregoing requirement.
As you may know the development of The Woodlands is far from being completed. The
Barcikowskis and their Affected Parcel will continue to suffer damages as indicated above,
unless steps are taken to ameliorate the noise,vibration, dust and projectiles. With this in mind,I
request, on behalf of the Barcikowskis, that the Board of Health work with NSD to take the
following corrective measures:
1. Perform a thorough inspection of The Woodlands construction site and Affected Parcel to
verify compliance with all terms of the Special Permit;
2. Erect a sound wall around the abutting sections of the Affected Parcel and The
Woodlands land, for the duration of the construction of The Woodlands to minimize
noise and vibration;
3. Move the site where stone crushing is performed to the opposite side of The Woodlands
parcel and prohibit any stone crushing work near the Affected Parcel to prevent
accidental launching of projectiles onto the Affected Parcel; and
4. Spray the stone crushing site during stone crushing operations to prevent migration of
dust onto the Affected Parcel.
Please contact me directly at(617)269-4290 to discuss this matter or if you have any
questions or need additional information. Thank you for your attention to this matter.
Regards,
Peter Szyjka
Encs.
EXHIBIT 1
AtIV1 .s '
ll� y' .
I*' 4-
04 T�
J
;.a
f, ti-
�
f�
� �" `� ,.-tea::hf�r:��e.rY ♦•\.
+•is � i:`--.j� ';Y'h";.'+
if
�. :. 4 m;1;1.• r�Y� s i
Al
T. i••
i
vt
AIW
' I A r
low
Ipb
�:
■ :-..�'
.: �.-�
.�J � ±�
r _ I � ��
"��'y
� � � ,.
.. _� - - . •�� 1 r
•/`Y
f
i
~ �
r •.1
Mw
t.
rr
r • , r I �.
10
• ' r
�i•I.r r r
�� 1 ��
EXHIBIT 2
���
r��
�.
R
.�
a
f� -
�,
, �
4
i
i
t
i
1
i
� �
v y
EXHIBIT 3
•3 ti�
t Igo
jj
AP LIP
dwbk
ib
ti ` �` '�` i 1
t�� M �' 1�y air r �i �la.�'� = ��
AVW
a 94 . ■
FA�. �=ti
"'
Nk
* 40 % `tea ''► 'M"�� r.�a a � � �►
am
all- i + w # - ■r
40,
0 4
w
40
qp
40.
+ '► F ram ' ■ . _.1 �� 7 M �
R
r-•-tom - ..; �. ,�. +.�. a � � � ,; �.
10
�. ~ ' L ►�
lb 4it "a
., • at46.
Ml.
f 1 L.
w41 fa
wA IL
Imo• ■ t ; � '� 4 �' � M1�� - �� � � � `- a Ada � �t ���. ��
to
s } ti } r .� i
ram.�= - ,_-`��' ,-- _v �w+r�� -r��•J� -
_ -
� ram_ _ ; -• '� ,. ... r _
imp-
ON-
oil
dor—
Idowd k
10
l'
—Zo- _
��_r ��. `""�'r. � •� � � ,�_.� wry Y�
r
-soft'
EXHIBIT 4
Authorization For Repairs and
Newi'Angle .Directions to Pay New Angle Glass Co.
�
1-0ss Mnr T hanAuto class!
herebrauthorize Now Angle Glass Company to make repairs to my vehicle.
also authorize w ""`s to make payment for repairs to my vehicle to
New Angle Glass Company less any deductible that may apply for which I will be responsible.
If for any reason said Insurance Company does not cover this loss I understand that I am responsible for payment.
Vehicle should not be driven for atleast 1-hour after installation of windshield.
Special tape may have been used to secure your windshield moldings while the adhesive cures.
Remove this tape 24-hours after installation.
Do not put your car through an automabc car wash for 24-hou3rs.
Do not slam the car door with all the windows closed.
Avoid the use of glass cleaner that contain ammonia for the first 48-hours after installation.
Replace the present windshield wipers if they show signs of wear.
This work has been completed to mysatls€action:
Date: - % ,`�= Signed:' - -
Massachusetts Registered Motor Vehicles Repair Shop*1262
Physical Damage of Vehicle
Damaged Rusted Damaged Rusted Damaged
❑ Front Bumper ❑ ❑ Door Right Rear ❑ ❑ Windshield
❑ Rear Bumper ❑ ❑ Quarter Panel Left Rear ❑ ❑ Worn/Soiled Interior
❑ Fender Left Front ❑ ❑Quarter Panel Right Rear ❑ ❑ Dashboard/Sound System
J
❑ Fender Right Front ❑ ER food Panel ❑ ❑ Interior Panels
❑Door Left Front Rodf Panel
❑ Door Right Front ❑ ❑ Trunk Lid Rear Door ❑
❑ Door Left Rear ❑ ❑ Grill ❑
❑Wipers ❑ ❑Wheel Cover ❑
❑ Cowel ❑ ❑ Pinchweld ❑
For the safety and concern of our New Angle Glass customers it is mandatory
that your vehicle not be driven for,,atleast 1-hour after windshield installation.
�s
r'
Installer:
Auto Residential Commercial
617 Lynnway, Lynn, MA 019`05 800-642-7373 i°nfo@newang9eglass.com www:newanllellass.com