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20 LINCOLN RD & PICKMAN PARK - CONSERVATION COMMISSION E`alp 1-r,ce� z: I N� CITY OF SALEM " CONSERVATION COMMISSION May 27, 2011 Lisa Spence and Brett Mentuck Salem Community Gardens, Inc. P.O. Box 82 Salem, MA 01970 Re: Negative determination of applicability-20 Lincoln Rd. (Pickman Park) Community Gardens Ms. Spence and Ms. Mentuck: Enclosed, please find the negative determination of applicability for the above-referenced project. As discussed during the hearing, the Commission requests the following actions: 1. Add a monitoring provision to your maintenance plan to ensure that garden plantings do not grow outside the footprint of the tennis court. 2. Place an erosion control sock, filled with compost, in an appropriate location between the garden plots and the resource area. 3. Place resource area markers on the river side of the garden. Please contact me to obtain the markers. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Tom Devine Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office R Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use only the tab Conservation Commission key to move To: Applicant Property Owner(If different from applicant):cursor- do not use the Salem Community Gardens Inc. City of Salem return key. Name Name P.O. Box 82 93 Washtington Street r° Mailing Address Mailing Address Salem MA 0Salem MA 0 City/Town State Zipp Cod Code Citylrown State Zipp Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Figure 2. PPCG Plan 4/2/2011 Title Date Pickman Park Maintenance Plan 5/18/2011 rdle Date Tdle Date 2. Date Request Filed: 5/5/2011 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): 95 raised-bed garden plots(8'x2'or 4'4)on existing asphalt tennis court, 3 compost pins outside western fence, 2 fence/gate sections in tennis court entrances, water line and spigot from Lincoln Road to edge of garden area and possible picnic table and children's play area on former tennis court Project Location: 20 Lincoln Road Salem Street Address City/Town 31 286 Assessors Map/ let Number Parcel(Lot Number wpafurm2.dm•Detenninabon of Applicability•rev.1N Page I of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Nofice of Intent)or Order of Resource Area Delineation(issued following submittal of Simplified Review ANRAD)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing, filling,dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Munidpality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpeform2.0oc•Deteenir w of Appli,,alhty•fay.IQ604 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands \ WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions(if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. v.Woma2 Goc•Deta mirw6on b APWcabifity•rev.IGUN Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) (� 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations`,/no Notice of Intent is required: n CrAR /tD0 Zi a nod 71t -4, a oI r�,3 f CCA isi 9� o d i H/Je u Exempt Activity(site pp fable statuat ry/regulatory provisions) � V-cyv� Ml S Jr US ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on S - 1- ��� 1 Date _ Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Deter n mu be signed by a majority of the Conservation Commission. A copy must be sent to the ap opriate DEP R gional Office (see http://www mass aov/deo/about/region findyour htm)and the property wner(if differe t from the applicant). Signal Date wraf r Zdm•D.1"inafiw&Appli Miry•rev.lar.D1 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, 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 appropriate Department of Environmental Protection Regional Office (see http://www mass aov/deo/about/region findvour htm) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. v afam2.doo•Determination d Agylir Iq•rev,Ia6104 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request(if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. CltyRo� —ICI State Zip Code VQfD Phone Number Fax Number(if applicable) Project Location Mailing Address --._.. Cdyi town State Zip Code 2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address Cltylrown State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and Check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wp&b 2.doc-Request for Depanmenlal Adios Fee Transmittal F.•rev.10,6/04 Pe0e 1 of 2 e LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts usetts Wetlands Protection Act or regulations, eg s, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/dei)/about/region/findyour.htm). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wWorml. •Reg0eaf far Departmertlal Action Fee Transmitral Fonn•rev.for I04 Page 2 02 Project Status Sheet Address: )-b L;--Jn lz� (PiJ" Pd��� DEP #: Application Type: a �A Contact Name: L,,� 96--Z'n"-Y— Phone: Date Submitted: -'Application Complete ist Requested ❑ Received 125Legal Notice Sent 7�Legal Notice Confirmed 'Added to Agenda Agenda to Applicant t�Agent Comments to Commission -e-DEP Comments Hearing Opened: �'Z Continued: �"`� Site Visit: ❑ Ab ttefs Notice Confirmed rder of Conditions Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ A plicant Recorded OoC with Registry Preconstruction Meeting: ❑ Certif to of Compliance Sent to Applicant and DEP Confirmation of Delivery Applicant Recorded CoC with Registry Notes: --------------------------------------------------------------- Con Contin Members Eligible to Vote: (* with Mullin Rule) David Pabich ebe Michael Blier Dan Ricciarelli _ Amy Hamilton Julia Knisel Carole McCauley DEP#: Address: '-------------------------------------------------------------- 1 1 1 r wfp 3g1� t � `r y s 1�Y x� �', .¢ cd ��n�r'+��`vttgy,: a'.4•:. '° ' ct a k j� •"�A n =-\ C' „ ddias�`Fr i„ r1 f �`�'K A §V• �F a *F �y 7 3 YPYNIP:tA. h . T _ -_. .c✓ .-.—•.-'--c i.�- ewe ate: r � t 111 1 Jk a � 'I.4' i t aY� i, F H'3• 5 ye b � 'SCR y -1 14, i 4 w1 w sd• f i `; vV P .Y o; I MAI) P 86>�T.• ,r- P � s iV/- 11, • • to •a •. - .- • .-• -•-- • a�,:,,;*_:. - E sY " i3"•up 4c.. z'c'.:sz:�Wti'L `sy!'w�^4,a^.;'*La?.e;�;<. :s`:-' "?' 'Ga-r'" �' -yF� +r."k ''s��,h ot 4'- �`p:� _ •. w f' ro •A' i ep ► Pickman Park - of I'mhCLn Salem Community Garden's 4th Garden Wan , . Conservation Commission Meeting 5/26/11 As concerned neighbors, and as organic gardeners, we understand the importance of maintaining the integrity of the salt marsh. We commit to working with ConCOM to ensure our actions have a nominal impact on the salt marsh. Our 95 raised beds were built using untreated pine, and after being lined with weedcloth and gravel, were filled with organic compost from Thomson's on Jefferson Rd. in Salem. Our fencing was built using untreated pine pickets. We dug 6 holes for the posts, and filled them with the smallest amount of cement possible, stabilizing the posts with gravel. We have no plans to build further structures. Attached is the maintenance plan you requested from Salem Community Garden (SCG). Steps we are taking: 1. No chemical pesticides/fertilizers or other additives will be used at the garden. We will police this effectively. 2. We are removing the large pile of leaves that is currently on the outside perimeter of the tennis court, on the Pierce Road entrance side of the garden. This will be done on Sunday, May 29, 2011 . 3. We would like to establish a raised compost pile (using pallets on the bottom) behind the backboard of the tennis court, pending your approval. 3. We are removing the leftover pile of soil from the end of Pierce Road. This will also be done on Sunday, May 29, 2011. �.r. 4. We are using a short hose at the garden, which will force gardeners to transport water to their plots using smaller watering cans. Hopefully, this will eliminate potential overwatering and the runoff that would occur as a result. 5. We would like to line the perimeter of the garden with the roll of "sock" material previously shown. This "sock" could be filled soil and planted to absorb nutrients in the runoff. This could provide an additional line f. of defense for any runoff to the marsh. Alternatively, the "sock" could be filled with hay. 6. We'll be using a "drinking-water-safe hose", which will eliminate lead and other nutrients from the water. .. 7. We plan on consistently educating our gardeners on environmentally conscious practices, using facebook and email blasts. We would also be more than willing to be volunteer monitors for the salt marsh, and incorporate a study which could take place yearly to determine the garden's impact on the marsh. With your guidance, we would happily so our best to limit our effect on Y �' •l . _ the ecosystem. r r' Pickman Park Maintenance Plan Raised Bed Replacement We have yet to need to replace a raised bed - even then beds made from 1"x6" boards nailed together in 2007. Assuming that the beds at Pickman Park will last more than 5 years, we will use replacement in 5 years for this maintenance plan in order to address the worst case. Labor is free since all gardeners are required to volunteer 2 hours per year, and a raised bed is easily built in 2 hours. Each of the 4'x4' raised beds is made from one 16 foot board of 12"x2" non-pressure treated pine wood. The current cost to replace the bed with hardware and weedcloth is $20. We will assume $25 in five years. Each of the 8'x2' raised beds is made with one 20 foot board. The current cost to replace an 8'x2' bed is $22. We will assume $30 in five years. At most, there will be 24 8'x2' beds and 85 4'x4' beds at Pickman Park Community Garden which would cost roughly $2125 to replace in 2016. Salem Community Gardens is willing to put $708 per year in a separate savings account in 2011, 2012 and 2013 in order to have that amount saved. Since we will raise over $1300 each year in plot fees alone for this garden, this goal should be easily accomplished. Refuse and Compost The City of Salem will provide an additional garbage can for the garden and will collect the garbage at regular intervals. Some gardens choose to collect recycling as well, in which case the garden captains will bring the bin to the street for collection each week. The compost area will be outside the garden fence along the western fence - the furthest away from the river. Gardeners sign a Code of Conduct when they rent a garden bed which outlines our requirement for maintaining one's rental. Here's an excerpt: Gardeners' Code of Conduct • Gardeners will keep a clean and well-maintained garden area. Plant refuse, rocks and stones, and trash will be put in designated areas. • Gardeners will minimize the shading of neighboring plots. • Gardeners will follow organic gardening practices. Gardeners will not use chemical fertilizers, pesticides, or weed repellents. • Gardeners will plant and maintain their garden. If a garden has not been weeded by June 1st and planted by June 15th, or it appears to be abandoned at any time during the growing season, the Gardener will be contacted and given one week to tend his or her garden. If the Gardener does not, his or her garden will be re-assigned or tilled in. Page 1 of 2 May 18, 2011 Info@growsalem.org Pickman Park Maintenance Plan • Gardeners will clean their garden area by Nov 15th. Gardeners are not only discouraged from leaving refuse and plant debris around the garden; they can lose their garden beds if they do. Further, as part of their volunteering commitment, gardeners will be keeping the garden area free of plant debris and refuse. Organized work days are held once a month to tackle any bigger jobs, but most cleanup jobs would not go undone for more than a week. Drainage and flooding There was some concern raised during the initial meeting about drainage from the court. I hope that your site visit illustrated that the court is largely flat and that rainwater ultimately migrates across the court toward the river, but that the slope is gradual. Pooling up and over the end raised beds (closest to the river) is extraordinarily unlikely given the slope and the side openings. Tom Devine also determined that the area is outside the 100-year flood zone which further reduces the chance for any bulk release of bed soil from the garden. Page 2 of 2 May 18, 2011 Info@growsalem.org Pidm®n Park Community Gardm 412111 to show possible sunniness 95 plots 1 •�1 xvadxl aea mem perimeter bma= perre madennanre l'a9' li'w�de nor] o ❑ o � E� o - o © ❑ � �I oUMw 000 ❑ ❑ 0 ;'m E3 E3 E� El 11 o ❑ ❑ 0 mmpe Ple b =a'xa' mtaior pxk i 1 unk '0 t' '-,a I I bndi 351awtide e'hi,btide I gazebo ss'xss' 1 I I I 18t � F ����rg , � �,�,r.-, ✓l,�-mss 4��.� - � CITY OF SALEM CONSERVATION N OMMI SION City of Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act, Mass. General Laws c.131§40 and Salem's Ordinance Pertaining to General Wetlands for Salem Community Gardens,PO Box 82, Salem MA.The purpose of the hearing is to discuss after-the-fact installation of 88 community garden plots and appurtenances within riverfront area and buffer zones to coastal bank and salt marsh at 20 Lincoln Rd (Pickman Park). This hearing will be held on Thursday, May 12 at 6:00 p.m. in City Hall Annex, Rm 313, 120 Washington St. David Pabich, P.E. Chairman Please print legal ad on: May 5, 2011 Please invoice: Lisa Spence Salem Community Gardens P.O. Box 82 Salem, MA 01970 s 978-745-8900 CITY OF SALEM CONSERVATION COMMISSION 978-619-5685 WILL City of Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act, Mass. General Laws c.131§40 and Salem's Ordinance Pertaining to General Wetlands for Salem Community Gardens, PO Box 82, Salem MA. The purpose of the hearing is to discuss after-the-fact installation of 95 community garden plots and appurtenances within riverfront area and buffer zones to coastal bank and salt marsh at 20 Lincoln Rd (Pickman Park). This hearing will be held on Thursday, May 12 at 6:00 p.m. in the City Hall Annex, Rm 313, 120 Washington St. David Pabich, P.E. Chairman SN 5/5/11 Appeared in: The Salem News on Thursday, 05/05/2011 Back Pickman Park Community Garden Map-April 6, 2011 Pierce Road Er ranm P4 P2 P4 PS Ps Jan awM E4m eh"mn _(i Uta Usa fs&;nz i} it P4 fl I KEl Ell N. Bvumd t4un CvMt C.4nt iWCLA u a e I 3m tAeobz UNa m ■ �n F E :tyl El Fil a E � i il tiMdJve Qale I R H �Vain p� ■ - OesmmY O M E 0 E 1 n i I x n S ..Haar ([[ Jt Rh - FaMa Y E-12- t�beezM E E € tk 3 3 ' L ❑sd8 [ Eli. &nnie3xE t� Mand RachM�nan Nfmuvk Gvk [[ Y a ?E 1 m "Wim Btarry scan lStlaY Px Gds�M i_..... UOahues Gwe Prean i Bren' hlerc�d �l^hiaeua tvk Ym,pnan WelwilAuze ��—� IaM1S.aren I P24 P23 P22 P21 P29 P19 - - P15 P41 PIG P15 P14 P13 P.M ■ = on hold = available N you have any questions about your plat assignment ordo not see your name on the map, email registrar@growsalem.org. AFFIDAVIT OF SERVICE City of Salem provision M.G.L., Chapter 39, Section 23D. (For a City Councilor, Board, or Commission Member, to sign upon listening to the audio of a missed meeting and examining all evidence.) Per the City of Salem provision M.G.L., Chapter 39 Section 23D, I, hereby certify under the pains and penalties of perjury that I have examined all evidence pertaining to 20 Lincoln Road, Salem, MA (Pickman Park) Community Gardens Request for Determination of Applicability which was distributed at the single missed session on 5/12/2011 , which evidence included an audio recording of the missed session. This certification was submitted prior to the undersigned's participation in a vote on the matter and shall become part of the record of the hearing. Name: Date: Board or.Commission: Urn Conservation Commission AFFIDAVIT OF SERVICE City of Salem provision M.G.L., Chapter 39, Section 23D. (For a City Councilor, Board, or Commission Member, to sign upon listening to the audio of a missed meeting and examining all evidence.) Per the City of Salem provision M.G.L., Chapter 39 Section 23D, I, 1 1X, hereby certify under the pains and penalties of perjury that I have examined all evidence pertaining to 20 Lincoln Road, Salem, MA (Pickman Park) Communitv Gardens Request for Determination of Applicability which was distributed at the single missed session on 5/12/2011 which evidence included an audio recording of the missed session. This ce kation was submitted prior to the undersigned's participation in a to n t e ma ter and shall become part of the record of the hearing. Name: Date: 5 Board or Commission: Salem Conservation Commission Pickman Park Maintenance Plan Raised Bed Replacement We are willing to set aside money to replace the raised beds at the Pickman Park Community Garden although we have yet to have cause to replace a raised bed. Even the raised beds made in the Mack Park Community Garden five years ago from nailed 1"x6" boards are holding together. Assuming that the beds at Pickman Park will also last more than 5 years,we will use replacement in 5 years for this maintenance plan in order to address the worst case. The expense of replacement will be for wood, hardware, and weed cloth. Labor is free since all gardeners are required to volunteer 2 hours per year. Each 4'x4' raised beds is made from one 16 foot board of 12"x2" non-pressure treated pine wood. The current cost to replace the bed with hardware and weedcloth is$20. We will assume $25 in five years. Each of the 8'x2' raised beds is made with one 20 foot board. The current cost to replace an 8'x2' bed is $22. We will assume$30 in five years. At most,there will be 24 8'x2' beds and 85 4'x4' beds at Pickman Park Community Garden which would cost roughly$2125 to replace in 2016. Salem Community Gardens is willing to put$708 per year in a separate savings account in 2011, 2012 and 2013 in order to have that amount saved if the Salem Conservation Commission requires it. Since we will raise over$1300 each year in plot fees alone for this garden,this goal should be easily accomplished. Whenever these funds are used to replace raised beds at Pickman Park Community Garden,we will replenish the amount over the subsequent three years. Refuse and Compost The City of Salem, Department of Parks and Recreation will provide an additional garbage can for the garden and will collect the garbage at regular intervals. Some gardens choose to collect recycling as well, in which case the garden captains will bring the bin to the street for collection each week. The compost area will be outside the garden, along the western fence—the furthest away from the river. Gardeners sign a Code of Conduct when they rent a garden bed which outlines our requirement for maintaining one's rental. Here's an excerpt: Gardeners' Code of Conduct • Gardeners will keep a clean and well-maintained garden area. Plant refuse, rocks and stones,. and trash will be put in designated areas. • Gardeners will minimize the shading of neighboring plots. • Gardeners will follow organic gardening practices. Gardeners will not use chemical fertilizers, pesticides, or weed repellents. • Gardeners will plant and maintain their garden. If a garden has not been weeded by June 1st and planted by June 15th,or it appears to be abandoned at any time during the growing season, Page 1 of 2 May 18, 2011 Info@growsalem.org Pickman Park Maintenance Plan the Gardener will be contacted and given one week to tend his or her garden. If the Gardener does not, his or her garden will be re-assigned or tilled in. • Gardeners will clean their garden area by Nov 15th. Gardeners are not only discouraged from leaving refuse and plant debris around the garden;they can lose their garden beds if they do. Further, as part of their volunteering commitment,gardeners will be keeping the garden area free of plant debris and refuse. Organized work days are held once a month to tackle any biggerjobs, but most cleanup jobs would not go undone for more than a week. Drainage and flooding There was some concern raised during the initial meeting about drainage from the tennis court. 1 hope that your site visit illustrated that the court is largely flat and that, although rainwater ultimately migrates across the court toward the river,the slope is quite small. Pooling up and over the end raised beds (closest to the river) is extraordinarily unlikely given the slope and the side openings. Tom Devine also determined that the area is outside the 100-year flood zone which further reduces the chance for any bulk release of bed soil from the garden. Page 2 of 2 May 18, 2011 Info@growsalem.org �i� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/town WPA Form 1 - Request for Determination of Applicability ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Salem Community Gardens Inc. info@growsalem.org computer, use Name E-Mail Address only the tab key to move your P.O. Box 82, Salem, MA 01970 cursor-do not Mailing Address use the return Salem MA 01970 key. City/rown State Zip Code ' 978-317-1752 fad Phone Number Fax Number(if applicable) 2. Representative (if any): 4 none Firm Contact Name E-Mail Address Mailing Address t City/Town State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem Conservation make the following determination(s). Check any that apply: Commission ❑ a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. ® c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. Eld. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdictioR n of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). l wpaformI Eoc Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request):; 20 Lincoln Road Salem Street Address Cityrrown Map 31 Lot 286 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The location of the Pickman Park Community Garden is almost completely within the footprint of the existing tennis court in Pickman Park, a public park owned by the City of Salem. The Pickman Park tennis court is within the Buffer Zones of multiple sensitive conservation areas. For example, the tennis court directly abuts a salt marsh, is 12 feet from the river, and likely within 100 feet of a coastal beach (Figure 3 is a photo taken from southeast corner of the tennis court looking east). t c. Plan and/or Map Reference(s): r Figure 1. Arial Map Showing Conservation Areas 5/3/2011 Title Date Figure 2. Pickman Park Community Garden Plan 5/3/2011 Title Date Title Date SII 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): See attached sheet. r wpaforml doe Page 2 of 4 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 1 - Request for Determination of Applicability acyRoWr, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). See the attached sheet. 1 1 a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot p before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision, institutional, industrial, or commercial project ® Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) Salem Community Gardens, Inc. is a 501(c)5 organization run completely by volunteers. While the four community gardens in the City of Salem are operated by Salem Community Gardens, Inc., all of the; gardens are located on Salem municipal land, are operated with the permission of the Salem Park and Recreation Department, and serve only Salem residents. wpaformI doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Citylrown WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request(including all appropriate documentation) 1 simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Salem Community Gardens Inc. (property manager) Name P.O. Box 82 Mailing Address Salem k Citylrown Y MA 01970 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense 1 in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. a Signature o rA—pp Iica Dale Signature of Representative(if any) Date I wpaformt.dot Page 4 of 4 V� ✓ti� y ; � � 1 £�� � S N dk f 13y. / J/fJ i I e r}f s� i e 0 j I i iLx Ri ogaee8 1 t iYm+%mtvul � aPp 48�4.b - dY i > aN� w id M rr T gaed „at.a ® 0 0 000 ® 00 ❑O 0 wod 6eI vxoq tegd > 0 0 0 0 ® 0 0 0 moIPA f ' 0 0 0 ® Cl 0 0 4new aln n 0 ® ® 0000 0 0 0 0 0 0 1 � P ZI BxZ t pmavad vrogaavwuad uaaR 1 —,P. t S � MM'. �hSH goIdS6 ssamuuns a�gissod mot's os �i�P NZPo is �u kkUaPJeDStlunawopdJedueurq>!d t _— tub WPA Form 1 —Request for Determination of Applicability 20 Lincoln Road, Salem, MA(Pickman Park Community Garden) May 2011 Question 2.a. Salem Community Gardens(SCG) is in the process of installing a community garden on the tennis court at Pickman Park. The components of the garden are listed below and can be found depicted on Figure 2. 1. There are 95 wooden raised garden beds(Figure 4) 2. There will be three compost bins outside of the western fence. 3. There are two additional fence sections which will have attached gates on the two openings in the court fence (Figure 5). V 4. There may be a picnic table and children's play area/garden on the court as well (Figure 6). 5. A water line and spigot were installed from Lincoln Road to the edge of the tennis court/garden area. The Raised Beds The raised beds are either 8'x2' along the fence or 4'x4' in the center of the court. The wood used is non- pressure treated pine, 12"x2" boards. The raised bed have a wooden frame and no bottom. Once constructed and placed in location, approximately 2"of gravel was placed in the bottom. Then a sheet of weed cloth (permeable to water but not much else)was stapled to the inside of the box (Figure 7). Finally 8-10" of plant-based compost from Thomson's was loaded into the box (Figure 8). These beds are located 12 to 132 feet from the riverbank. Compost Bins Three compost bins will be installed against the western edge of the tennis court along the exterior fence, 140 feet away from the riverbank (Figure 9 shows the area where they will be located). They will be constructed from lumber and wire fencing and will be used for plant material from the garden. These were originally located on the eastern half of the south side of the tennis court and are being moved. Additional Fencing and Gates Wooden posts and fence sections have been added to each of the two existing tennis court openings (Figure 10). Doors will be added to this and will be locked when no gardeners are present. The fencing is 70 to 82 feet from the riverbank. From 310 CMR 10: 1. Minor activities within the buffer zone and outside any areas specified in 310 CMR 10.02(1)(a) through (e) are not subject to regulation under M.G.L. c. 131, §40: a. Unpaved pedestrian walkways for private use; b. Fencing, provided it will not constitute a barrier to wildlife movement..." Picnic Table & Play Area There will be a place for people to gather, store small garden tools, and children to play. I anticipate the addition of some form of table and seating. This area is 120 feet from the riverbank. Water Line Wynne Irrigation installed a water line from the street(Figure 11)through the park(Figure 12) to the tennis court (Figure 13). They used a Ditch Witch to insert the plastic line from 4 to 12 inches below the surface of the soil. There was very little disturbance of the soil. The spigot is mounted on the northern new fence section with the tap located inside the fence. This means that only gardeners, inside the garden will have access to this water. We will post instructions for the conservative use of water in the Pickman Park garden (Attachment 1), as we have done at our other gardens. Parts of the water line come within approximately 20 feet of the riverbank and the spigott is 70 feet from the riverbank. The Operation of the Community Garden Once the garden installation is complete, it will be operated by Salem Community Gardens, Inc. using our guidelines and rules. All of our community gardens are organic and we publish educational articles on our website to help people follow this requirement. We also encourage water conservation. There's no formal supervision for the garden, but there are four garden captains at this location. They are gardeners who will be encouraging gardeners to follow our rules. Page 1 of 8 May 5, 2011 M WPA Form 1 — Request for Determination of Applicability 20 Lincoln Road, Salem, MA (Pickman Park Community Garden) May 2011 We will attach a drinking water quality hose to the spigot for gardener use. We also have approximately one cubic yard of composted cow manure delivered in early spring to each of our gardens. At Pickman Park, we anticipate having manure delivered to Pierce Road near the top of the dirt path beyond the southwestern corner of the garden. Gardeners would then be able to distribute the manure among their raised beds. We can forgo the delivery to the Pickman Park garden if the commission is concerned about E. coli release to the adjacent habitats. Factors Reducing or Eliminating the Runoff of Water and Sediments There are a few approaches that Salem Community Gardens will use in its establishment and management of this community garden that will eliminate any impacts to the adjacent conservation areas. 1. All of the raised garden beds have been lined with weed cloth to allow the flow through of water, i but not sediments and soil. 2. The boxes located at the eastern edge of the tennis court, bordering the riverbank, were constructed using an extra layer of weed cloth underneath the gravel. 3. The garden will be run using organic gardening techniques—without chemical fertilizers, pesticides, and herbicides. 4. We will encourage the conservative use of water through education and reminders. 5. The compost area will be located 140 feet from the riverbank on the western exterior edge of the tennis court. 6. We are willing to apply additional runoff mitigation at the edge of the tennis court, like additional weed cloth or use of something absorbent (like a Polygrow tube— Figure 14). Question 2.b. SCG has not and will not be dredging, filling, removing or altering any land on the riverbank or in the buffer zone except for the installation of 10 wooden poles and a water line. SCG feels the pole installation constitutes a "minor activities"as referred to in the following portion of the regulation: "...1. Minor activities within the buffer zone and outside any areas specified in 310 CMR 10.02(1)(a) through (e) are not subject to regulation under M.G.L. c. 131, §40: a. Unpaved t pedestrian walkways for private use, b. Fencing, provided it will not constitute a barrier to wildlife 1 movement..." Further. SCG feels that they are able to eliminate any sediment or nutrient leaching from the community garden by requiring the use of organic gardening practices, conservative water use, and limiting access to the water spigot to gardeners. As a result, SCG will not destroy or alter any portion of the marsh, beach, river, and riverbank. Nor will SCG alter the growth, distribution and composition of these ecological communities. Page 2 of 8 May 5, 2011 1 ,r. 1 • .. Sf '{ 4 i -:1•h til YV' ��� 1'-^ :. � I y 1�a Y fyj�? Y,•}I tE'i`,'S. M.f 0 ' r Y 1 - 1 i ' _t -:r" ra •.`,iK4t ' .} t� ly �rA'b�rL�M 9���5; �. ..', t ` a: MIME,8 * Joe :P .1 iaa�. ie •i '°f irY taE�_ �el ttt��v Y yrr' e 1 • - • ••y •- • -• - • - ••- 02 s a\Yi+�x• r ..�''x/ x .: vPiFnr7rV ?rale l �P � v r: x �ad � �Nr�'•'J S'iy Y. y �'^t t YI'tj�ry' •f. VSrt W'W P 5 • 1 ' •• • 11MI- • - - • • • •••- •• - • _ � a! I y � P sF.\ Yktl \ 1 a e 5 ..� �+ 1 FVa�.+�s e sZ"Q �tesn y,ayr i *+ 'v1 r i J s -rte°•"" .�„-”- .� yew •y `w; '7f6y 1_ 2 Npr • t - it= 'la ° r� �y„ ,Xrer T ttr9 •_-4:- WPA Form 1 — Request for Determination of Applicability 20 Lincoln Road, Salem, MA (Pickman Park Community Garden) May 2011 Figure 13. Water Spigot Attached to the North Gate of the Garden (coming) Figure 14. Polygrow Tubing— Potential for Mitigating Runoff 1` ? Page 8 of 8 May 5, 2011