220 HIGHLAND AVENUE - CONSERVATION COMMISSION 220 Highland Ave.
MENEM
�- 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
•'°�``� 10.99: continued
`�'"� 310 CMP. 10.99
Form 2
ovrarax
M
rteaaab.aaaavn
.� commonwealth civ T~ C a 1 Pm
of Massachusetts •r�r�n
(Sunburst )
11/28/90
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From qAlpmr - Issuing Authority
t0i0 5536n
To Arthur POOro(oSunburst ) Arthur Poor ( Sunburst )
(Name of person making request) (Name of property owner I
Address 220 Highland Avenue Address 220 Highland Avenue
This dote in Ion is issued and delivered an follows:
❑ by herd deftvery to person makkg requital on 'dale)
Q{ by candied man,return receipt requested on 1,1161/9 1 (dotal
V1� Pursuant to the authority of G.L.C.131,§40,the Salem Conservatinn Cnmmission
ii has con,) ared your request for a Determination of Applicability and as supporting documentation,and has
made the IosowMg determination Ieheek whichever Is applicable):
i
Location:Streel Address 2 2 n u ti l a "1.^n H 2
Lot Number.
This DetertNnallon Is positive.
8' 1. ❑ The area described below,which Includes all"n of the area described In your request,Is an Area
?h Subject to Protection Under the Act.Therefore,any removing.If".dredglrq or altering of that
area requires the INV d a Notice of Inienl.
2. ❑ The wore described below,which Includes aNparl of the work described In your request.Is within
an Area Subject to Protection Under the Ad and win remove.IM,dredge or after that area.
Therefore,said work requires the IMng of a Notice of Intent.
+i
2.1
3
12/8/89 (Effective 11/10/89) -corrected 310 CMR - 280.tT
r.
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
I
10.99: continued
�II
3. ❑ The work described below.which kielWes aiilpart of the work described in your request,is within
•--the Butler Zone as delkrod In the regulation,and will eller an Area Subject to Protection Under
It*Act.Therefore,said work requires the fang of a Notice of Intent.
liry�ui':11II
This DatemWnation b negative:
1. ❑ The area described in your request N not an Area Subject to Protection Under the Act.
I
2. ❑ The work described In you request Is within an Area Subject to Protection Under the Act.but will
j
not remove,19.dredge,or alter that area.Therefore.said work does not require the 14rfg of a
Notice of Intent.
ii
3. 0 The work da orbs In your rawest Is within the Stiffer Zone.as defined in the regulations,but will
not atler an Area Subject to Protection Under theAct.Therefore.said work does not requi a the
j filing of a Notice of Intent.
ii a. ❑ The area described In your request is Subject to Protection Under the Act,but sake the work
described therein meets the requirements for the following esemplbn,as specified in iM Act and
the regulation,no Notice of Mede Is required:
r
Usued by Sa 1 Pm Conservation Com lesion
Spnturela) r
n
i I
ii Ttrs DelerfrIf flon must be signed by a niiijOrlty of Me Conservation Commission.
On gra 16 day of LLadUddjda 19_LL—,balowme
personaay appeared „{ .to me krawn Io.0e the
person described In.end who exended,aro fae9o►q subtenant,and acknowledgerd,aMt heltilwereeuled
Me same as Irelhar free act and deed.
J,'
Notary My corns sbn expires '
i
llYibbrrwrYreYe nrreeeeY M ereererr rpnewaMrrgrm Y arrr e00Yeeer heed.slob p brei rVlMaa.pirrrY.
ar•bra MeaarYbmr the prbrrYrOrair•Y wMbreN vrna brwMYbM reunce
lOe irYpr.dwerY,/7 rwwlr eapheeapM perenrrrrrlsl prrwwrr al Yb plN1Yq M IYM rlrerrrhlYrawprpYearM
Yb Ypwr,parr bnbMOwiMMYypbwbrYwpra YerY leraw4 wMeerrrepW paha rgbbwpbpare Derersrrrr
M EwYvpYM rrere0pl bYEY•M9pYYgpYwpbaprM a00aw0alk Pe.Megar reexep■ewerarsrpM close Yb
i areeerybM perprrrrrL Mir aw uepmbe Iaba MewafY ibrreaM fpm O preiara b ata Gun a.aYrlweNebnaeyr Irwin
Grasp IIe1b10 Mai Oppraraie A qrM M reexrer pr•p M Yrs low M awn gawNM pMp I�r aMwrrb M
Oe�nerlwl panereplY wM rY eeresa
2.2A
tt/10/89 310 CMR - 280. 18
• ' P 070 315723
RECEIPT FOR CERTIFIED MAIL
k SURANCE COVERAGE PROVIDED
c NOT FOR INTERNATIONAL MAIL
(See Reverse)
S tt �i
Uf OY
Street and NP.
P Iate and IP Code `
Postage 5
Codified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
N
Return Receipt showing to whom,
Date,and Address of Delivery
v
j TOTAL Postage and Fees S
p Postmark or Date
�i
E
`o
LL
N
6
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (sea franc)
1. It you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt attached and present the article at a post office service window or hand it to your rural carrier.
I (no extra charge)
( 2. II you do not want this receipt postmarked,stick the gummed stub to the right of the return address of
the article,date,detach and retain the receipt,and mail the article.
3. If you want a return receipt,write the certified mail number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per-
mits.Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressel,endorse
RESTRICTED DELIVERY an the front of the article.
5. Enter fees for the services requested in the appropriate spaces on the front of this recelpl. If return.
receipt is requested,check the applicable blocks in item 1 of Form 3811.
6. Save this receipt and present it it you make inquiry. U.S.G.P.O.1988-217-132
XON CO if .
J
Salem. Massachusetts 01970
HAssnC�
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
On Thursday, December 13, 1990 at 7 : 00 p .m. , the Salem
. Conservation Commission will make a determination of the significance
of the Wetlands Protection Act, Massachusetts General Law, Chapter
131, Section 40, for a proposal by Sunburst Fruit Juices Inc . at 220
Highland Avenue, Salem, MA to construct a 14 ' x 14 ' concrete pad to
hold a silo to be used for storage purposes . The meeting will be
held at One Salem Green, second floor conference room.
. 6--
John G. Vallis
Chairman
D824
Tkia notice postrd. on ''Officlal Bulletin Bo&TV
City Hall Ave. , Salem, Mass . on �i .e(. 6 iq q c)at 9, 40L P117 in accordance with C ap. 828.
of the .tots of 1958 .
4
4. The owner(s)of the area, if not the person making this request,has been given written notification of this
request on 11/28/90 (date)
The name(s)and addresses)of the owner(s):
Sunburst Fruit Juices, Inc. 220 Highland Ave., Salem, MA 01970
Sunburst Realty Trust, Inc. 220 Highland Ave„ Salem, MA 01970
Owner of both Corporations'
Arthur P. Poor, Jr., 21 Topsfield Rd., Boxford, MA
t
r y`f
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Protection_I1 9R/90 (date)
DEP Northeast Regional Office DEP Southeast Regional Office
5 Commonwealth Avenue °Lakeville Hospital
Woburn, MA 01801 Route 105
Lakeville, MA 02347
DEP Central Regional Office
75 Grove Street DEP Western Regional Office
Worcester, MA 01605 State House West, 4th Floor
436 Dwight Street
Springfield, MA 01103
6. I understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3)(b)lot the regulations by the Conservation Commission and that I will be
billed accordingly./
Frelild 'Jr:. qi e'President
derick' W "Wake
Signature _ �`-� Name , ,97';'IJf.g7 �
Address 220 HighlandrAvs., Salem,_ MA.,..,, Tel. (508)~7 4-1267
- r�.3� ' �7 n .. . :A .. 1� r,. .'-t . .. , >r. :,fir• n*
1-2
310 CMR 10.99
Form 1
DEP File No.
0
(To De provioeC by DEP)
�a city'Town
Commonwealth ,..P, ,
' of Massachusetts
o '. ro c
Request for a Determination of Applicability "
Massachusetts Wetlands Protection Act, G.L. c. 1319 §40
1. I,the undersigned, hereby request that the City of Salem
Conservation Commission make a determination as to whether the area, described below, or work to
be performed on said area,also described below, is subject to the jurisdiction of the Wetlands
Protection Act, G.L. c. 131, ¢40.
2. The area is described as follows. (Use maps or plans, if necessary,to provide a description and the
location of the area subject to this request.) , 'A ,
Location: Street Address ??0 Atghland Avo_� tom- Me nicer
Lot Number:
see enclosed
3. The work in said area is described below. (Use additional paper, if necessary, to describe the
proposed work.)
Excavation .of area shown on :site.plan, which is 15' x 15' to allow for a
14" x 14'` concrete pad, for hhe construction of a silo as shown on
manufacturers drawing. Silo will be used to store plastic-resin used in
manufacturing. ` gay bales to be ,judiciously placed arouiid`construction site
to insure sedimentation of the wetland does not occur.
• t:
Effective 11/10/89 / /
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
,3 and 4.
Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card
from being returned to you.The return recei t fee will rovide ou the name of the 22, on delivered to and
the date of delivery. For additional Tees the allowing services are available. onsult postmaster or Tees
and check box(es)for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(E'Ctm charge) (Extra charge)
3. Article Addressed to: 4. Article Number
Arq+)uf 3i oorr 7 o'-I u 315 -7&)
` A U� Type of Service:
F� O ❑ Registered ❑ Insured
Sa�gY>1 h e 61q') Q Certified ❑ COD
t "1 Express Mail ❑ ReturnReceipt
for Merchandise
C/G 5bUCS� Always obtain signature of addressee
or agent and DATE DELIVERED.
5. Sig r Addressee 8. Addressee's Address (ONLY if
X requested and fee paid)
6. Signature — Agen
X
7. Date of Deliver
PS Farm 3811, Apr. 1989 U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT
1
UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS VD
Print your name,address and ZIP Code /��
the space below.
• i
• Complete items 1,2,3,and 4 on the
reverse.
• Attach to front article if aceta
permits, otherwise
eflix to beck of
enicle. 9{' PENALTY FOR PRIVATE
• Endorse article Return Receipt p fpT USE, 5300
Requested"adjacent to number.
a
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO DaAml Pl h '
nnina
i 1
_ burst
9-ru(q
Uices
1 Inc.
II
220 HIGHLAND AVE.
{ " SALEM. MA 01970 MIKE TENNEY ,
508-74,4.1267 PLANT MANAGER
_J
CONSOLIDATED BRICK He BUILDING SUPPLIES, INC.
650 BODWELL STREET
AVON, MA 02322
(617) 587-6600
41
N
z �
lio
Tye
PFWE UST No. ODi•1 e�[arMe +asap ,. 1444
12' Die. 450 C61o1 w Drew Spedficatlions
HEIQHT CAPACITIES CAPACITIES DECIMAL TO GAGE CHART
CUBIC Fr. BUSHELS
.036=20 Ga .071 = 14 Ga
23' 2206 1773 .047 = 18 Ga .100= 12 Ga
.053= 17 Ga .130= 10 Ga
2z 2094 1663 .058= 16 Ga. .160 = 8 Ga
21' 1982 1593
20 1870 1503 12'DIA.450 B DY SHEET GAGES U ED
19' 1758 1413 Model Number 01 ings
No. 1 2 3 4 5 6 7
18' 1646 1323 16 -01232 .071 .047
17' 1533 1233 16 -01233 .071 .047 .036
16 -01234 .071 .05B .047 .036
16' 1422 1143 16 -01235 .100 .071 .058 .047 .036
16 -01236 .100 .071 .058 .058 .047 .036
15' 1310 1053 16 -01237 .100 .071 .071 .058 .053 .047 -.036
14' 1198 963
13' 1066 873 21
12' 974 783
11' 862 693 b
10' 750 603 Fllp
9' 638 513 d
6' 526 423
7' 414 333 - Z
6' 302 243 al li
5' 180 153
F
4' 108 85
3' 51 41
7 20 16
1' 6 4-
0-- 0
MODEL HEIGHT FT. &IN. HEIGHT IN. ,
16.01232 16' 11' 203'
16-01233 19' 7' 235' C n
16.01234 2z 3' 2670 "
16-01235 24' 11' 299' is
16-01236 27' 7' 331'
16-01237 30' 3' 3630 _
90
PNCE LIST ND. GOF•1
EFFWri IVE Jimmy 1. ,sido
ANCHOR BOLT DETAIL AND FOUNDATION
SPECIFICATIONS FOR STANDARD HOPPER BINS
REFER TO BIN FOUNDATIONS FOR ANCHOR BOLT LOCATIONS
%ANCHOR BOLT(3.20075)
SEE ALTERNATE ANCHOR BOLTS
1_11/2- CONCRITS IN FOOTINGS shall hero a min.eon• RIl1 m44NTto GUMC 14`101
vnu+e nnngth. 11'3I 29,10y,of 3000 PSI. a•
to
0 I CONCR3T! RSINPORCING ST@l Mall ha.e a >• Its
0 6.1/2" 'S m.n.mam T..Id .4eng3h or 33.000 PSI.
FOUNDATIONS ,hall be opP•3 a e e
. .� P^mdr d*'.pn.d
' for 101-1 3011 and /•o,l depth Condition. Siul IY 4 i r1
p.+en on 0d.,.m ter •*'ming 1 3 Limn the
wmurmnp due 10 0 30 PSI wmd ac0np on 0.6 it T I
• A•.0 of li -,Ih m3umum leo eeten.o",
6
FOUNDATIONS 3,300 be pl-eed aoilwof beer
r 1004
inp wPoeilr oI J,300 PSI o•1P*'.sI modificationt/ Ito
�R -----
31 loundol,on,.ant be lontidemd,
SHOULD ADD 10%FOR WASTE
6x610/10WWile --•� 2- �---•
LEG ANCHORING INSTRUCTIONS
STANDARD HOPPER BINS
'ALTERNATE ANCHOR BOLT FORMED LEG ANCHORING INSTRUCTIONS
5/8"x 8"bolt with a
3/16"Ink. x 1-5/8"O.D.Washer
next 10 the bolt head
-- �C—5/8"
FORMEOLEG
5/16 NUT(34.20020)
LEG ANCHOR
8 (3.16587)
3/16'' x 1-5/8 • 516 FLAT WASHER
(39.20058) -- GR x 1 BIN SEAL BOLT
washer �� g:gLE
GRADE NO.B(39.200'!3)
5/8 MVVWASHER SIB NUT(38-T0076)
2nd alternate (39-20077) G ANCHOR PLATE
The Hdb Anchor KWIx•Boll 11-d.ameteW
t x B ' • - o - (3•16568)
v with a minimum anahm depth of 7"to, 5/8 ANCHOR BOLT
equivalent with 12.5004 Pull out aupngth) rT— 439.200751
may be substituted.
BIN FOUNDATIONS
STANDARD HOPPER BINS
6DIA.6 7'DIA.BINS 9'DIA.BINS 12'DIA.BINS 15'DIA.BINS 16'DIA.BINE
�++ 21'DIA.BINS
N'� dna
aIs
LM 3rN - IN
ad -a e.a fM!!rM I 36-3Na T
De
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I ,ea m a•INA a.
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SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, DECEMBER 13 , 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 13 , 1990, at 7: 00 P.M. in the Conference
area outside the Treasurers Office, second floor of One Salem
Green.
Those present were: Chairman John Vallis, Abby Burns, Bob
Crowley, Fred Harney, and Betsy Horne. Also present were Julie
? Environmental Planner, Assistant City Planner Beth Debski
and Eileen Sacco, Clerk.
The meeting was called to order at 7:00 P.M. by Chairman John
Vallis .
REQUEST FOR DETERMINATION - SUNBURST FRUIT JUICE CO.
Fred Harney recused himself from discussion of this matter since
it is located on a State Highway, and he is an employee of the
State DPW.
Mike ? the owner of Sunburst Fruit Juices addressed the
Commission and explained his plans to pour a concrete pad, and
install a silo to house plastic pellets, which he uses for the
bottles which he packages the juice in. He explained that the
silo would have a 6 inch tube on the bottom and an augur to
pump the pellets into the building. The silo itself will be
30 feet high and 12 feet round. The proposed work is to be'
done in the buffer zone. He further noted that they would dig
out the area for the pad, fill it with 12 inches of crushed
stone and pour 12 inches of concrete.
Betsy Horne asked where the access for construction vehicles
would be. Mr. ? noted that it would from the Highland Avenue
entrance to his property.
John Vallis suggested that the Commission make a site visit
to the property. He asked how long the installation would take
and Mr. ? replied 1 or 2 days. Bob Crowley noted that the
wetland in question has very little water and is mostly
vegetation.
It was decided to have a site visit to Sunburst Fruit Juices
on Saturday, December 15, 1990 at 8:00 A.M.
Motion made by Betsy Horne to continue the Public Hearing until
the next regular meeting of the Commission, seconded by Bob
Crowley and approved unanimously.
1
NOTICE OF INTENT - PICKERING WHARF
Dr. Hugh Mulligan of Gulf Maine Research Inc. was present at
the meeting along with Phil and Jack Pelletier to explain the
plans for the repair of the sea wall.
Phil Pelletier explained that the project should take two months
to complete, since they need to do most of their work at low
tide. He explained that they would be pouring concrete footings
under water.
John Vallis asked if the pilings would be treated. Mr. Pelletier
stated that they had planned on using treated pilings since
they had them in stock. He also noted that they would be the
same as the ones used at the Chase House, and that the pilings
would be below the mud line so there should be no leaching.
He also noted that they would be pressure washing the wall to
remove loose debris and growth.
John Vallis asked if any aquatic life would be disturbed in
the process. Dr. Mulligan stated that barnacles and blue green
k
algae that commonly encrust on rock would be disturbed, but
they should have a quick recolonization process . John Vallis
also asked if they would be refueling equipment with a barge
or a truck. Mr. Pelletier stated that they would be using a
truck.
John Vallis suggested that the Commission make a site visit
to the area. Mr. Chevoor of the Pickering Wharf Trustees voiced
his concern that the site visit would hold up the process and
that they have been at this for two years. Dr. Mulligan stated
that a site visit would be no problem, as they have other steps
to take in the permitting process, such as approval of the
Planning Board. John Vallis suggested that each member go the
site at low tide and see it at their convenience.
John Vallis asked if there was anyone present who wished to
speak in favor or opposition to the proposal. There was no
response from those in attendance.
Motion made by Betsy Horne to continue the Public Hearing to
the next meeting of the Commission, seconded by Bob Crowley
and approved unanimously.
OLD/NEW BUSINESS
John Vallis reported that he had spoken to Mayor Harrington
about the status of the Emmerton proposal to give the city his
property, and they need to see how much fill is involved and
determine how much illegal fill would need to be removed.
John Vallis also reported that the letters to Mr. Lovely and
Mr. Raby had not gone out from the City Solicitor, and that
2
Kevin Daly had turned the matter over to Lenny Femino.
Fred Harney reported that there is illegal dumping going on
next to Vincents Potatoe Chips. He noted that the state is
aware of it and will be pursuing the matter.
Bob Crowley asked if the results of the pumping test on Leggs
Hill Road had been completed. John Vallis reported that they
had completed the test and that he had been there on the first
day and everything looked fine.
There being no further business to come before the Commission
at this meeting a motion was made by Fred Harney to adjourn
the meeting seconded by Betsy Horne and approved unanimously.
The meeting was adjourned at 8: 15 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC121390
3
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, NOVEMBER 29 , 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, November 29 , 1990 at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Betsy Horne, George
Ahmed, Bob Crowley, and John Bleiler. Also present were Kathy
Winn, Conservation Administrator and Eileen Sacco, Clerk.
The meeting was called to order at 7:00 P.M. by Chairman John
Vallis.
PUBLIC HEARING (CONTINUED) - NOTICE OF INTENT BY ALLIED LUMBER
Attorney George Atkins addressed the Commission and presented
a signed, stamped copy of the Engineering Report as requested
by the Commission. He also noted that the Commission has been
to the site. He outlined two issues that are of concern. The
first issue is that of gas traps and he noted that everything
on the site is pitched towards the North River Canal. The second
issue is that of timing, and the Planning Board had concerns
about the timing of the planting of the trees before the state
builds the road, and that would also leave the gas traps in
the middle of the lot. He informed the members that the timing
of the landscaping and the location and types of trees had been
left up to the Planning Department.
John Vallis suggested that the Order of Conditions could mandate
that Allied Lumber come back to the Commission to address the
issue when the State proceeds with their plans . Atty. Atkins
agreed to that and suggested that the time for Allied to come
to the Commission for this matter would be when the State
presents their plans to the Commission.
George Ahmed asked if there would be any site preparation
involved in the project such as the laying of pipes. Atty.
Atkins stated that the project entails construction of the new
buildings and the demolition of the old ones. He also noted
that the entire area is paved and that they do not anticipate
any removing of pavement. Rainer Koch noted that asphalt is
not a legal interior flooring so that a concrete slab may be
installed.
John Vallis asked if the area that was taken by the state would
be regraded or repaved. Atty. Atkins stated that the area
between the new storage building and the canal will not be
touched.
John Bleiler suggested that there could be a condition that
1
the drainage be installed at a later date when and if the canal
is widened.
There being no further questions or comments from those present,
a motion was made by John Bleiler to closed the public hearing
seconded by George Ahmed, and approved unanimously.
Motion made by George Ahmed to issue an Order of Conditions
with 11 special conditions, and a 12th to be added with regards
to future work concerning drainage which may affect the canal,
seconded by John Bleiler and approved unanimously.
EXTENSION PERMIT - GULF OF MAINE RESEARCH INC. FOR DAVID COHEN
282 HIGHLAND AVENUE.
John Bleiler recused himself from discussion of this matter.
Dr. Hugh Mulligan addressed the Commission on behalf of Mr.
David Cohen to request an extension of the permit that Mr. Cohen
was issued in January 1988. He noted that Mr. Cohen still
intends to go forward with his plans to expand his property
on Highland Avenue, but he has no immediate plans in progress.
The Commission reviewed the plans that were presented in 1988
and the Conditions issued at that time. George Ahmed asked
if there were any new regulations that would affect this project
in place now. John Vallis stated that the Conditions would
be grandfathered.
Kathy Winn noted that the request for an extension should be
for an unavoidable reason. Dr. Mulligan stated that Mr. Cohen 's
reason is economic hardship.
George Ahmed asked Dr. Mulligan how long an extension Mr. Cohen
looking for. Dr. Mulligan asked for 3 years . George Ahmed
noted that the Commission usually grants one year extensions,
and he would like to be consistent. John Vallis stated that
he felt that the magnitude of the project should be considered
and that this project has not even begun yet. He asked Dr.
Mulligan what the estimated time frame for the project would
be. Dr. Mulligan stated that Mr. Cohen would need 6-9 months
lead time to get tenants for the building and then it would
take another 10 months to complete the project.
George Ahmed asked if Mr. Cohen has a commitment from a bank.
Dr. Mulligan stated that he does not have a commitment at this
time, noting that he is waiting for the economy to settle down.
He also noted that there are a lot of larger stores in the area
that Mr. Cohen has to compete with.
George Ahmed stated that he felt that a two year extension would
be adequate. Dr. Mulligan stated that 3 years would allow Mr.
Cohen to plan properly.
2
John Vallis stated that if the 2 year extension were granted
the petitioner would be back for an extension, he suggested
that the Commission grant a 3 year extension with a notation
that the next request will only be given a 1 year extension.
George Ahmed expressed his concern that the Commission is here
to check on the environment and he is concerned that changes
over the years will affect it. He noted that he would like
to see some safeguards so that will not happen.
Betsy Horne noted that she understood George Ahmeds concerns
but that she felt that 3 years would be appropriate.
Bob Crowley stated that he felt that 3 years was not unreasonable
and felt that 2 years would be boxing Mr. Cohen in.
John Vallis suggested that the Commission could notate the file
that if there has been no construction in the six year period
that a complete review of the project should be done, so that
if there are any changes to the regulations they could be
considered at that time.
Motion made by George Ahmed to grant a three year extension
of the Order of Conditions issued for Mr. David Cohen ( 64154 ) ,
and that further extensions without any work being done will
require that all records be reviewed before further extensions
are issued, seconded by Betsy Horne and approved unanimously.
1 PEABODY STREET - GULF OF MAINE RESEARCH INC.
Dr. Hugh Mulligan addressed the Commission and reviewed the
process that has taken place so far. He noted that they had
begun the work yesterday and that they have placed hay bails,
and removed soil to expose the tops of the tanks that are to
be removed. He noted that they moved uncontaminated soil to
the South River behind the hay bails, and the contaminated soil
was moved away from the river and is covered with 6 mil
polyethylene sheeting. He stated that he felt that it should
take about week to empty the tanks and clean them. He noted
that the heavy oil sludge will be pumped out. He requested
that the Commission close the Public Hearing and issue an Order
of Conditions.
George Ahmed asked if there was any barrier along the edge of
the river. He noted that he is concerned about the future
use of the lot as a parking lot.
John Vallis asked if they were stock piling the soil outside
of the buffer zone. Dr. Mulligan stated that they were as best
they could and that they were as close as 90 feet from the
coastal bank and the hay bail is 85 feet from the coastal bank.
Motion made by George Ahmed to close the public hearing seconded
3
by Bob Crowley and approved unanimously.
George Ahmed suggested the Commission issue the standard Order
of Conditions and that if in the future the property is to be
used as a parking lot curbing should be installed along the
edge of the river and catch basins with oil and grease traps
should be installed.
Dr. Mulligan noted that he felt that would be a financial
hardship and that the area presently has no elaborate catch
basins . He questioned whether requiring this area to catch basins
would help the environment since the rest of the area will not
have them.
Betsy Horne noted that there are a lot of activities that may
have an effect on the environment and a switch in the activity
may not require Commission approval .
John Vallis suggested that the condition could read that No
temporary or permanent storage of vehicles within the area
designated on the plan shall be allowed until a letter from
the Conservation Commission is issued stating that a drainage
review has been completed and is satisfactory.
Motion made by Betsy Horne to issue an Order of Conditions
subject to such other and future conditions, seconded by George
Ahmed and approved unanimously.
EMERGENCY REPAIR OF THE PICKERING WHARF SEAWALL
Jack Pelletier and Phil Pelletier, the contractors for the
project, and Tom Chevoor of the Pickering Wharf Condominium
Trustees, addressed the Commission and explained the process
that the they need to under take to repair the sea wall at
Pickering Wharf. A letter was presented from Gulf of Maine
Research Inc. , explaining that the applicant was requesting
to proceed with excavation of the buffer zone soils upgradient
of a failing portion of the sea wall. The letter noted that
the failing portion is sixty-four ( 64 ) feet in length, and is
located on the easterly portion of the property, and because
this section of failing sea wall poses a potential threat to
public health and safety, it has been cordoned from public
access .
Mr. Pelletier explained to the Commission that they intend to
remove approximately 400 cubic yards of a grass strip from the
buffer zone upgradient of the 64 feet of wall to be replaced.
He also noted that fill work would be removed from the area
in an effort to avoid further destabilization. Mr. Pelletier
stated that this work must be done before the frozen weather
conditions of winter, which is why they are requesting emergency
review at this time.
4
Betsy Horne asked why the matter was an emergency if the wall
has been collapsing for some time. Mr. Pelletier noted that
this is a different section from the last time a portion of
the wall collapsed.
Mr. Pelletier reviewed the procedure for repairing the wall,
and noted that it would be the same structure of the sea wall
at the Chase House. He also noted that this request was for
the activity in the buffer zone and that he would be filing
a Notice of Intent for the construction work.
John Vallis asked if the excess soil would be removed off site.
Mr. Pelletier noted that it wouldbe and that the area would
be fenced off for safety purposes . He further noted that they
would place hay bales around anything down gradient.
There being no further questions from the Commission at this
time a motion was made by George Ahmed to approve the request
for emergency repairs to the sea wall a Pickering Wharf, seconded
by Bob Crowley and approved unanimously.
OLD/NEW BUSINESS
John Vallis reported that there has been no word from Atty.
Keilty concerning Steve Lovely' s property. Kathy Winn stated
that she felt that they may be under the impression that the
Commission would not be meeting again until December, since
the Commission was not originally scheduled to meet this evening,
but did so due to Thanksgiving. John Vallis suggested that
the Commission remand this to Kevin Daly for prosecution. John
Bleiler suggested that the Army Corp. and DEP be notified of
the action. John Vallis suggested that the entire file
concerning Mr. Raby and Mr. Lovely be given to Kevin Daly for
review, and take appropriate action before the next meeting
of the Commission.
John Bleiler asked about the status of the Emmerton Property.
John Vallis reported that the City is in negotiations with him
concerning his wish to give the property to the city.
John Vallis also reported that he had received a complaint from
Roger Pelletier that there was illegal dumping going on a Pumel
Construction, behind Bertini ' s. He stated that he went to the
site and did not see anything illegal.
John Vallis noted that this would be John Bleilers last meeting.
John Bleiler stated that he resigned because he moved to
Gloucester. John Vallis thanked John Bleiler for his service
to the Commission and wished him luck.
A motion was made by Bob Crowley to Continue the Public Hearing
for 3 months from the date of the last continuance of the Public
Hearing on the request from GTE to close the landfill on Loring
5
Avenue, seconded by John Bleiler and approved unanimously.
Kathy Winn will notify GTE of the continuance by letter.
APPROVAL OF MINUTES
The minutes of the meeting of November 8, 1990 were presented
for approval. Motion made by John Bleiler to approve the minutes
of the meeting of November 8, 1990 , seconded by Betsy Horne
and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by John Bleiler to adjourn
the meeting seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 9 :30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC112990
6
Cpy -
�i�
Z
Consmmfim Commiss7m
Salem. Massachusetts 01970
ASS
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will hold its
regular meeting on Thursday, January 10, 1991 at 7:00 p.m., One Salem Green,
second floor conference room.
John G. Vallis
Chairman
Tentative Agenda:
I. Request for Determination - Sunburst Fruit Juice Co.
Z. Notice of Intent - Pickering Wharf
3. Old/New Business
4. Approval of Minutes
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