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1977-CONSERVATION COMMISSION Conservation e ® Commission 1 Sabin. Massachusctts 01970 CORRECTED 1/24/77 Minutes of Meeting--------January 17, 1977 The Conservation Commission met at One Salem Green on Monday, January 17, 1977 at 8:00 P.M. Commission members attending were: Chairman Brian French, Vice Chairwoman Mary Ellen Pelletier, Brad Northrup, Paul Willis, Donald Hunt and David DeVoe. Associate members attending were: Cleti Cervoni, Paul D'Amour, Marc Sosnowski and Jim Rienhardt. Also attending was Conservation Assistant Richard Morton and Kathy. Willis . Commission member not attending was Capt. Henry Nichols . The minutes for the meeting of December 13, 1976 were accepted as corrected. Chairman Brian French briefly discussed the Annual Report of the Con- servation Commission which he had submitted. A motion was made by Brad Northrup, seconded by Mary Ellen Pelletier and unanimously passed to accept the Annual Report as submitted. The election of Officers for the Salem Conservation Commission was held.. • Paul Willis nominated Brian French for the office of Chairman. The nomination was seconded by Brad Northrup. Donald Hunt moved and Mary Ellen Pelletier seconded that the nominations be closed. The chairman declared the nominations closed. A vote was taken and was unanimous. Brad Northrup nominated Paul Willis for the Office of Vice-Chairman. The nomination was seconded by Brian French. Mary Ellen Pelletier moved and Brad Northrup seconded that the nominations be closed. The Chairman declared the nominations be closed. A vote was taken and was unanimous. Paul Willis nominated Mary Ellen Pelletier for the Office of Secretary. The nomination was seconded by Donald Hunt. Brad Northrup moved and Paul Willis seconded that the nominations be closed. The chairman declared the nominations be closed. A-vote was .taken and was unanimous. Donald Hunt nominated David DeVoe for the Office of Financial Secretary. The nomination was seconded by Paul Willis . Brad Northrup moved and Mary Ellen Pelletier seconded that the nominations be closed. The Chairman declared the nominations be closed. A vote was taken and was unanimous . Communications & Notices A letter has been received from Councillor Swiniuch stating that Councillor Grace has been designated as the liaison between the ConCom and the City Council Minutes of Meeting 1/17/77 Page 2 • The January 5 , 1977 issue of the Conservation Legislative Bulletin contained information concerning a conference on Environmental Legislation for 1977 which will be held Saturday, February 5, 1977 at the Cabot Auditorium. A copy of a letter written by Walter Power to Peter Beatrice regarding the expiration of the current extensions for the Pickman Park Subdivision was noted. Walter has asked Mr. Beatrice to request an additional extension for three months . A bill for $6.50 has been received from the Deputy Sheriffs office for a cease and desist that was issued to North Shore Dredging Co. The January 6th minutes from the Marblehead Conservation Commission contained a reference to the grey material- polluting Forest River. Paul Willis is to contact Mr. Sullivan regarding future action in this matter. The ConCom is in receipt of an Order of Conditions from. the Peabody ConCom regarding the proposed dredging of Upper and Little Spring Ponds. According to the Order of Conditions there will be no further dredging of Spring Pond until a subsequent Order of Conditions is issued. At the present time they are giving further consideration to the test samples that indicated a high iron content in the soil that is to be dredged. A copy of a letter written to William White of the Massachusetts Housing Finance Agency from Greg Senko and Staley McDermet was briefly discussed. A brochure was received from the MAPC describing the procedure used by Carlisle to complete a wetlands mapping of their town. The proposed zoning amendments for Chapter 808 changes, Cluster Develop- ment, Planned Unit Development, as well as a proposed Wetlands and Flood Hazard Districts and a proposed Planning Moratorium is now completed and was sent to the City Council on January 13th. Richard Morton informed the Commission that he has received official notification from CETA that his employment will end on February 25, 1977. Brad Northrup informed the Commission that he had spoken to Pam Burns of CETA and that she had informed him of a new jobs program This program would provide funds on the basis of a project and would involve at least 6 individuals . • Minutes of Meeting 1/17/77 Page 3 Dick Morton has spoken to Ms. Dawson of the Conservation haw Foundation • and she thinks that the people doing the work on Central Warf and Derby Warf are not under any legal obligation to file with the Salem ConCom. Business David DeVoe and Richard Morton are to work on the upcoming Warrant. It was noted that our telephone Credit Card Number is about to expire. David will apply for a new one. The Commission was also reminded that the City Tax number should be used when making any purchases . Brian French outlined the Order of Conditions for Phase II of the sewer improvements (File #64-18) . The Order of Conditions applies to portions of the Scenic Heights, McShay and Messina Interceptors . A motion was made by Donald Hunt to accept the Order of Conditions as written by Brian French. Brad Northrup seconded the motion and the vote was unanimous. Next followed a discussion relevant to the disbursement of the different brochures put together by the Salem ConCom. One of these brochures is an explanation of the WPA_ and the other deals with the preservation of open space in Salem. It was the sense of the Commission that the Wet- lands Maps should be placed over the Assessor's maps in order to determine which of Salem's residents are affected by the Wetlands Protection Act. Landowners who live in these areas should be given the brochure con- cerning the WPA. Richard Mortnn and Marc Sosnowski are to work on this. Regarding the brochure on open space in Salem, it was the sense of the Commission that 100 copies of this brochure be placed in the main branch of the library and 50 in each of the branches . Richard Morton is to deliver these brochures and check on the possibility of this brochure being sent out with the Water Bills . The deadline for Messrs. Mackey and Pelletier to file with the Salem ConCom was January 15th. Brad Northrup made the motion that the Commission approve- the serving of the Cease & Desist notice to Northshore Dredging, Co. Paul Willis seconded the motion and the vote was unanimous. Paul Willis is to contact Bill Tinti. It was noted that the Army Corps of Engineers has referred their information concerning Messrs. Mackey and Pelletier to the Attorney General's office. Mary Ellen Pelletier informed the Commission that she was in receipt of a letter from the Department of Environmental Quality Engineering to the Salem Board of Health. DEQE recommends that the Ingemi situation be handled. at the local level, but they will assist in any way they can. Mary Ellen Pelletier is to set up a meeting between representatives of the Board of Health, DEQE, Attorney General's Office and the Army Corps of Engineers. • Iinutes of Meeting 1/17/77 Page 4 • Richard Morton informed the Commission that he has sent Mr. Burke of Colonial Road a request for compliance . Mr. Burke owns the triangular lot next to Mr. Ragone. Brad Northrup informed the Commission that David Lash is checking into the implications resulting from the donation of land by Messrs. Carpenter and Costin to the Town of Swampscott for a Brad is to keep in touch with David concerning this. Regarding the pollution of the salt marsh in the Forest River Area, Paul Willis informed the Commission that a representative from Cat Cove will go on a walk of the area with him. Richard Morton told the Commission that Ralph Hobbs had notified him that the owners of the Shetland properties have been placing rocks by the rip rap on the South River. Richard contacted Bruce Ericson who is in charge of maintenance for the company. Mr. Ericson explained that the rocks were being put there because of existing erosion. Richard gave him a Request for Determination as well as a Notice of Intent and asked him to contact the Commission if any additional work is planned. Brad Northrup briefly reviewed resent discussions regarding the proposed Forest River Conservation land as well as the status of the Community Development Fund Application. The final Community Development Fund • Hearing is January 20, 1977 at 7:30 P.M. The final application for BOR should be completed in March or April. $90,000 is being requested from Community Development funds to complete the Forest River Conservation Area. Brian French spoke of the need to update the Open Space Recreation Plan in order to fulfill current requirements set by the Executive Office of Environmental Affairs. Jim Reinhardt is to work with the Planning Department regarding this update. The update will include a study of other areas to be conserved, the necessity of acquiring land in the South River Flood Control Area, etc. Jim would like to set up a meeting with Messrs. McIntyre, Foley and Ftench'concerning comments to be made regarding the update. Brad Northrup spoke to the Commission of the results of the recent walk on the land of Hyman Marcus by members of the ConCom. Brad estimated that the land consisted of approximately 3 acres of pond and 4 acres of land. It was the sense of the Commission that the land should be acquired by the Parks Department, if at all, rather than the ConCom. Brad Northrup is to write to Dan Foley of the Parks Department regarding their possible interest in and possible aquisition of this land. Jim Reinhardt is to contact the MCZM in order to ascertain if the ConCom can still comment on the MCZM Preview even though the official deadline for comments was December 17, 1976. The ConCom was not in receipt of this summary until quite recently. f Minutes of Meeting 1/1777 Page 5 It has been brought to the attention of the ConCom that it is not clear • at this time, what future plans for Fort Pickering and Fort Lee will be. Paul Willis is to contact Councillor Grace in order to try to ascertain who is eventually going to be responsible for Fort Pickering. Respectfully submitted, • l ,�o• co,�f ,z Conservation Commission Salent. Massachusetts 01970 Minutes of Meeting-------February 14, 1977 The Conservation Commission met at One Salem Green on Monday, February 14, 1977 at 8:0o P.M. Commission members attending were: Chairman Brian French, Vice Chairman Paul Willis, David DeVoe and Mary Ellen Pelletier. Associate members attending were: Cleti Cervoni, Jim Rienhardt, Dolores Jordan and Paul D'Amour. Also attending were: Conservation Assistant Richard Morton, Mr. & Mrs. John Cappucio, Mr. & Mrs . M.A. Dixie, and Bruce Ericson. Commission members not attending: Donald Hunt, Brad Northrup and Capt. Henry Nichols The minutes for the meeting of January 24, 1977 were accepted as corrected. Mr. & Mrs John Cappucio of 44 Valley Road as well as Mr. & Mrs. M.A. Dixie of 46 Valley Road were present to explain problems they were having because of improper drainage from an abutting lot. Mr. Cappucio explained that he has put two drains in on his property, but they have proved in- sufficient because of a dammed up drain on an abutting property. Mr. • Cappucio explained that his basement has flooded several times, and Mr. Dixie stated that his driveway and garage have also flooded. It was pointed out that Mr. Carmarda (the owner of the abutting land) has had a meeting with Tony Fletcher relevant to this problem, but Mr. Carmarda has failed to follow Mr. Fletcher's suggestions for rectifying this situation. Brian French is to speak to Tony Fletcher concerning this . Brian explained that if this fails to accomplish anything, then the Conservation Commission can take Mr. Carmarda to court. Brian then asked if Mr. & Mrs. Cappucio and Mr. & Mrs. Dixie would be willing to testify in Court. They replied they would. Bruce Ericson representing the Shetland Properties next spoke to the Commission. He explained that he was requesting a Determination of Applicability for proposed repair work to an existing sea wall. He ex- plained that they wished to plug holes in the wall with bricks obtained from the dismantling of two furnaces . These bricks are being stockpiled until Spring. Some of these bricks have fallen and will be picked up in the Spring. Mr. Ericson pointed out that they have a permit from the Army Corps of Engineers for the sea wall. Paul Willis is to view the site and the Commission will consider this request at the next meeting. It was the consensus of the Members present that the new meeting days for the Commission should be the first and third Wednesday of each month. Meeting of 2A4/77 Page 2 Notices and Communications • A Legislative Status Report has been received from the MAPC concerning the Public Hearing that was 'held relative to the Commonwealth's 3 year experiment with compulsory and binding arbitration for police and firemen. The monthly report from the Army Corps of Engineers concerning permits issued or denied was briefly noted. Brian French pointed out that an application for a permit made by Peter Clarizia was withdrawn. Richard Morton is to further investigate this action. A notice has been received from the City Clerk that the Public Hearings for the proposed Chapter 808 Zoning Amendments will be held on February 15th and 16th, 1977 at Old Town Hall. Richard Morton is to check with the Fire Department concerning fires occurring on the property of Mr. Ragone. A letter has been received from Mr. James Cahill requesting permission to put a pier off of his land at 70 Dearborn St. This pier will be put out in the Spring and taken in in the Fall. The necessary forms are to be sent to him. The Commission has received a copy of a letter sent to Lt. Col. Hall from Greg Senko. The letter concerns the proposed demolition work on Winter Island. Nine buildings are slated for demolition as well.as a • timber pier. The agenda for the B°.ACC Annual Meeting to be held on March 5, 1977 has been received. The agenda for the Workshop on Environmental Quality & Land Use Management sponsored by the American Lung Association will be held on March 5, 1977 at the Hawthorne Hotel. Mary Ellen Pelletier and Brian French expressed interest in attending. Business A Request for Determination has been received from David Lash regarding the work proposed on Winter Island. After a brief discussion a motion was made by Paul Willis that the Wetlands Protection Act is not applicable to the demolition of the structures and removal of the timber pier as described in the letter dated January 31, 1977. The motion was seconded by David DeVoe and the vote was unanimous. A Request for Determination has been received from Mrs. Moore regarding the installation of a pier off of her property on Lafayette St. Paul Willis noted that there is clustered vegetation there and that the shell- fish in the area may be affected. Mary Ellen Pelletier made a motion that the Wetlands Protection Act is not applicable to the work being proposed. There was no second to this motion. Paul Willis and David DeVoe are to • view the site of this proposed pier on Saturday, February 19, 1977. Minutes of Meeting 2/14/77 Page 3 The Commission next considered the establishment of the proposed Salem • Land Trust. Paul Willis noted that the date of the Annual Meeting for the Land Trust should be changed to the first Wednesday in September. David DeVoe made the motion that the Articles and Bylaws for the Salem Land Trust be accepted as amended. The motion was seconded by Paul Willis and the vote was unanimous. Paul Willis made the motion that the present officers of the Salem Conservation Commission serve as the interim President, Treasurer and Clerk of the Salem Land Trust. The motion was seconded by Mary Ellen Pelletier and the vete was unanimous . David DeVoe gave the Financial Report. There is presently $717.66 in the different accounts. The Order of Conditions for the proposed work on Webb Wharf was considered next. This Order of Conditions includes the following additional condi- tions: 1. All inoperable vehicles and machines shall be removed from Webb Wharf prior to completion of work. 2. Riprap is to be placed over the southerly existing face of Webb Wharf. 3. Only gravel and traprock shall be used in filling the upper and lower tidal pools . • 4. The top of the pier deck shall be constructed to elevation 15.5 feet mean low water datum so as to be above the 100 year flood elevation. 5. Nothing in this Order of Conditions 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. Paul Willis made a motion to accept the Order of Conditions as presented. The motion was seconded by David DeVoe and the vote was unanimous. Jim Rienhardt gave a brief report on the Coastal Zone Management Plan, He has spoken to Matthew Connolly, Director of the Mass . CZM Program, and discovered that the Coastal Zone Management Plan is in the process of being redrafted. Any input we may have should be channelled through Salem's representative, David Pelletier, on the Regional Citizen Advisory Committee. Another draft of this plan is to be completed by March 15, 1977. There will be a Regional Meeting in Salem in May and a Public Meeting in Boston in June. September is the deadline for this Plan. Brian French is to call David Pelletier to find out if he will be able to attend the next ConCom meeting. • L (. c Minutes of Meeting 2A4/77 Page 4 _ The Commission is in receipt of a copy of a letter from Peter Harrington to • the City Council in which he expresses his interest in buying 4 lots of tax title land on Baker's Island. A motion was made by David DeVoe that Brian French write a letter to the City Council stating that the Commission agreed that the lots have no natural resource value to the City and for this reason there is no objection to the sale of the land. The motion was seconded by Mary Ellen Pelletier. Brian French, David DeVoe and Mary Ellen Pelletier boted yea. Paul Willis abstained from voting. The Chairman declared the motion carried. The meeting was adjourned at 10:30 P,M, Respectfully Submitted, • Conservation Commission Su1rTn. 11'IxssachusclEs 01970 F, Nom. Minutes of Meeting-------March 1, 1977 The Conservation Commission met at One Salem Green on Tuesday, March 1, 1977 at 8:00 P.M. Commission members attending were: Chairman Brian French, Vice Chairman Paul Willis, David DeVoe and Brad Northrup. Associate members attending were: Cleti Cervoni, Jim Rienhardt, Tony Feeherry and Marc Sosnowski. Also attending were: Messrs. Shea, DeVito, and Reed. Commission members not attending: Mary Ellen Pelletier and Capt. Henry Nichols. The minutes for the meeting of February 14, 1977 were accepted as written Notices and Communications Brad NorthruAnformed the Commission that a response has been received from the Parks Department regarding Mr. Hyman Marcus' property in the Vinion Square area. The Parks Department stated that they have no interest in the property for park purposes. Brad Northrup is to write a letter to • Mr. Marcus stating this and explaining that there are no monies available for the City to purchase this land at the present time and suggesting that the land could be donated. It was noted that the Marblehead Minutes of February 17, 1977 made reference to the Ram Island Conservation Restrictions. Richard Morton has spoken to Bill Tinti regarding further action to be . taken on the blockage of a City Drainage Easement by Mr. Camarda on his land on Valley Street. A letter was sent to Mr. Camarda from Mr. Tinti stating that "the City of Salem, by virtue of the taking of a Drainage Easement, has the right to go on your land in order to perform any other type of work necessary to properly drain the area, including the construction of ditches." Richard Morton sent a memo to Bill Tinti on February 25, 1977 explaining that Mr. Camarda has hired an engineer to draw up another plan to alleviate the drainage problem on his Valley St. property. Mr. Camarda will be asked to attend the next ConCom meeting. Brian French read Donald Hunt's letter of resignation to the Commission. A letter has been received from Evelyn Murphv of the Executive Office of Environmental Affairs stating that. the Annual"State of the Environment"-'address will be held on March 9, 1977 at the New England Aquarium. Paul Willis is to attend. K Minutes of Meeting 3/1/77 Page 2 • "Understanding the Wetlands Protection Act" will be held at Essex Agricul- tural and Technical Institute on Tues. Evenings March 8, 15, 22 and 29, 1977. Paul Willis and Cleti Cervoni expressed interest in attending some of these workshops. The monthly report (January) of permits issued or denied by the Army Corps of Engineers was briefly discussed. There were two permits granted for work in Salem. One was granted to Palmer Cove yacht Club and the other to the City of Peabody for work on a Wetland near Oak Grove Cemetery. Mary Ellen is to check these. Business Jim Rienhardt spoke to the Commission of the Coastal Zone Management Plan that is now in the process of being redrafted. On April 14th there is to be a public hearing on the Chapter dealing with the lower North Shore. . Jim Rienhardt will report any developments to the Commission. David Pelletier will be asked to attend the next Commission meeting. David DeVoe informed the Commission that the Salem ConCom is now a member of the Ipswich River Watershed Association. Brian French noted that the proposed Wetland/Flood Hazard Ammendment has passed the City Council for the first time. Brian French reminded Commission Members that the Wetland's Hearing for Mr. • Ingemi will be held on March 29, 1977 at 8:00 P.M. The Request for Determination from Mrs Moore regarding the installation of a pier off of her property on Lafayette St. was next considered. Paul Willis informed the Commission that he, Cleti Cervoni and David DeVoe viewed the site for the proposed pier. Paul stated that although he felt the installation of a non-permanent pier was not a significant action, he noted that there is a large pile of dirt to the Northwest of the property. Paul felt that the Spring runoff will cause serious erosion of the dirt. After a brief discussion a motion was made by Paul Willis that the proposed pier described in the plans submitted by Mrs. Moore is not subject to the Wetlands Protection Act. The motion was seconded by Brad Northrup and the vote was unanimous. Paul is to write to Mrs. Moore concerning the dirt stored on her property. The Commission next considered the Harbor Islands the ConCom wishes to have transferred to their care and custody. A motion was made by Paul Willis "that the Commission request the City to dedicate the islands named below for Conservation by transferring them to the care and custody of the Salem Conservation Commission for all purposes under Chapter 40, Section 8c." • I' i f i Minutes of Meeting 3/1/77 Page 3 The Islands are: • North and South Goosebery Coney Ledge Pope Head Brimbles Satan Rock Tom Moore Rock Great Haste Chubb Island Halfway Rock Great Aquavitae Marblehead Rock Little Aquavitae Eagle Island Monument Bar Jeggle Island Lobster Rocks Cat Island Hardy Rock (off Baker's Island) Gray's Rock Dry Breakers Coney Island The motion was seconded by David DeVoe and the vote was unanimous. Messrs Shea , DeVito and Reed of New England Power were present to discuss the work they propose to do in Salem Harbor. They explained the proposed work and requested information relevant to proper filing procedures. The work site is in the area of an existing woodpile dock structure approxi- mately 700 feet long with appropriate ship berthing equipment. Mr. Shea explained that the present sheet pile bulkhead is in failing condition and in some places is leaning against the dock. ' A new stabilizing steel sheet pile bulkhead with steel soldier beams at 9 ft intervals along the bulkhead is proposed to be installed 4' landward of the existing steel bulkhead. Mr. DeVito explained that the proposed bulkhead will have a rock • anchobs and the soldier pile will be driven into rock. Mr. DeVito also explained that they propose to install 2 ship berthing dolphins, 2 barge fender dolphins and an oil unloading platform with 2 oil- unloading arms all of which would be pile supported and cut into the existing dock structure. (An 'oil spill barrier boom will be extended to further assure minimizing any possible oil spills. Mr. DeVito explained that there would be no dredging involved and that the proposed work would primarily consist of driving piles. Mr. Shea explained they would like to start construction this summer and the estimated that the proposed work would take one year to complete. The Commission requested that a statement dealing with procedures after an oil spill (i.e. what chemicals are added) be submitted with the formal filing of the Notice of Intent. Mr. Shea stated that he felt the Notice of Intent could be submitted to the ConCom by March 8th or 9th. It was the consensus of Commission Members present that the hearing date for this proposed work be tentatively set for March 23, 1977 at 8:00 P.M. The ConCom next considered the Conservation Spring Weekend. It was felt that the Commission should try to work closely with the schools when completing the plans for Spring Weekend. Cleti Cervoni is to submit a pro- posed agenda, with an estimate of cost, at the next regular ConCom Meeting. • Minutes of Meeting 3/1/77 Page 4 • Tony Feeherry spoke to the Commission about the present status of the proposed Salem Land Conservation Trust. Tony explained that there is a $30. filing fee to be paid to the Secretary of State. Tony informed the ` Commission that the first draft of the application for a non-profit status for the Trust has been completed. This will be filed with the Attorney General's office. Tony explained that it will probably take 6 months for a preliminary ruling on the tax exempt status of the organization. He pointed out that care has to be exercised so that there is no question as to the tax exempt status when real estate is transferred to the Trust. He also explained that comprehensive liability insurance will not be needed until land is transferred to the Trust. Brad Northrup informed the Commission that the final application for the Forest River acquision will be completed by June lst. Brian French noted that Leggs Hill has not been included in the proposed application. Brad Northrup is to speak to ,David Lash concerning this, but he felt it was too late to add any new land to the proposed application. Bract is also to investigate whether ,the Dibiase land can be utilized foi: matching .funds. Jim Rienhardt noted that it is stated in the drafted Coastal Zone Manage- ment Plan that they will provide help in setting up recreational areas and provide technical assistance if needed. The meeting was adjourned at 10:30 P.M. Respectfully submitted,/ j i i i I r I i f 4 • i Li �v S. ON CO,L�`�i �o Conservation Commission ^� Salem. Massachusetts 019.70 F� `yASSAC� CITY OF SALEM CONSERVATION COMMISSION WETLANDS HEARING A continuation of a public hearing as required by the Wetlands Protection Act, Chapter 131, Section 40, will be held at the request of John M. Ingemi of 381 Highland Avenue, Salem, Massa- chusetts, to consider the effects which have resulted from the use of prolerized material for filling on and around wetlands on land northeast of Cedar Road off Highland Avenue. DEQ File No. 64-17 • Date: Tuesday, March 29, 1977 Place: One Salem Green, 3rd Floor Time: 8:30 P.M. Brian E. French Chairman xON Salam. Massachusetts 02970 y,iss, WETLANDS iFARING CONTINUATION John Ingemi - DEQE File #64-17. March 29, 1977 Commission Members Present: Brad idorthrup, Mary Ellen Pelletier, David Devoe, Donald Hunt, Paul Millis, Brian French Also Attending: Cleti Cervoni, Dolores Jordan, John Serafini.-6U Chairman Brian French called the hearing to order with a quorum present at 8:50 P.M. Brian French stated that he wrote a letter to i4r. Serafini dated March 14, 1977 reviewing the results of the Wetlands Hearing of November 30, 1977. At this time Attorney Serafini requested permission to withdraw the Notice of Intent of Mr—Ingemi. He stated that additional time is needed to ascertain the severity of the pollution in the area and the procedures • necessary for correction the pollution. He added that because of the weather, his client has been unable to have the various tests made that were agreed to at the hearing on November 30, 1976. �_ �Q Paul Willis agreed that because of the weather, it has been impossible to complete the tests agreed upon. a Mr. SexRkini requested that the hearing be continued in three months, which ROL would give his client the time he needs. Brian reiterated that in filling out the Notice of Intent, care should be exercised in separating the proposed plans (i.e. driving range) for the area and the pollution that already exists and must be dealt with. A motion was made by Brad Northrup, seconded by Mary Ellen Pelletier and unanimously voted to extend the hearing to June 28, 1977• The Chairman declared the motion carried. The Chairman declared the hearing closed at 9:05 P.M. Respectfully submitted, Conservation Commission Salem. Massachusetts 01970 F� a Corrected 4/5/77 Minutes of Meeting--------March 15, 1977 The Conservation Commission met at One Salem Green on Tuesday, March 15, 1977 at 8:00 P.M. Commission members attending were: Chairman Brian French, Vice-Chairman Paul Willis , Brad Northrup and Mary Ellen Pelletier. Associate members attending were: Cleti Cervoni, Jim Rienhardt, Marc Sosnowski and Dorlores Jordan. Also attending were: Mr. & Mrs. Walter Abraham and Councillor Francis Grace. Commission members not attending: David DeVoe Notices and Communications: A communication has been received from the Ipswich River Watershed Asso- ciation requesting that each Conservation Commission designate a member as a town representative to the newly created Advisory Board. Cleti Cervoni is to be the representative from the Salem ConCom. • The ConCom is in receipt of the Annual Report from the Peabody ConCom. Brian French noted that the town of Peabody, acting on behalf of the Conservation Commission, took Brooksby Farm by eminent domain for "con- servation and outdoor recreation purposes ." A memo has been received from John Emerson outlining meetings he has had with various city officials regarding the Pickman Park proposal plan dated ;larch 1, 1977. A letter to Mayor Levesque from Miss. Dorothy Snyder, former Curator of Natural History at the Peabody Museum, regarding her favorable opinion . of the Wetlands/Flood Hazard Zoning Amendment and the efforts of the ConCom in acquiring land for conservation purposes was forwarded to the ConCom. Paul Willis is to respond to Miss. Synder's letter. On Tuesday, March 29 there will be a wetlands hearing at 7:30 P.M. for New England Power and a continuation of a Wetlands Hearing for Mr. John Ingemi. Brian noted that the developers of the Pickering property might also be present. Brian informed the Commission that he has received a phone call from Walter Szymanski complaining of the odor and noise surrounding the opera- tion of the Beverly Leather Finishing Corporation at 12 Hanson St. Mary ,Ellen Pelletier is to investigate this further. Mary Ellen reported that an error was made in the January report of permits issued by the Army Corps of Engineers . The permit issued to 'Oak Grove Cemetery' was really issued to 'Cedar Grove Cemetery.' Mary Ellen v Minutes of Meeting - March 15, 1977 noted that Eastman Gelatine is in the process of suing the City of Peabody. Mary Ellen is to send a certified letter to the Peabody City. Engineer • informing him that a Wetlands Hearing will be required for the proposed dredging of Spring Pond. The Commission next considered a Request to Determine Applicability of the Wetlands Protection Act for Mr. Walter Abraham of 65 Valley St: for filling he proposes to do on property he owns on Clark St. Paul Willis stated that he felt that the work proposed did fall under the Wetlands Protection Act and was significant. Paul informed the Commission that one of the lots in question is almost totally a swamp and .that the other lot has a small stream, possibly running from the road. Mr. Abraham was present and explained that there were sump pumps operating on Cox Street and that they were dumping and draining onto his property. Mr. Abraham questioned whether his land was a natural or man made wetland. To illustrate this he showed pictures of water funneling onto his pro- perty. Brian French explained that even if the sump pumps were not in operation the land would still be a natural wetland. Brian also explained that filling is the most serious action to be taken in a wetland. Paul Willis added that the headwaters of a natural drainage system is located on the property in question. A motion was made by Paul Willis, seconded by Brad Northrup and unanimously voted that the action proposed on lot 107 on the Assessors Map #3 is • significant relevant to the Wetlands Protection Act and will require a public hearing. Cleti Cervoni briefly outlined the general plans for the Conservation Spring Weekend to be held May 13-15, 1977• Cleti has reserved the Daniels House for the cocktail party to be held from 6-9P.M. on May 13th. The cost for reserving the Daniels House will be $75. Cleti estimated that the charge for the cocktail party would be $3 per person. Cleti explained that the proposed invitations would be half the size of last years and the cost estimate she has received from Cricket Press is $52 for 300 invitations . Proposed activities for Saturday would include a beach walk, a walk of the Forest River Area and a film on the Bow Head Whale which Cleti hopes can be shown at the Peabody Museum. Sunday would include a bird walk conducted by Paul Willis and a boat cruise of Salem Harbor in the noon. Brad will conduct a walk in the Forest River Area to descrAeft me proposed Forest River Conservation Area. Jim Rienhardt spoke to the Commission of the Coastal Zone Management Plan. He informed the Commission that the Lower North Shore Advisory Board will be meeting on April 14th and that any comments the ConCom has should be directed to the two Salem representatives as well as the Mayor. Jim informed the Commission that Salem is listed as a critical area in the drafted plan. The Forest River Area is also identified including the Minutes of Meeting - March 15, 1977 Page 3 • land gifts and the area proposed for the Conservation area. Jim suggested that the ConCom submit an overview of their present and future plans. Brian French briefly spoke of a recent Waterways Advisory Board meeting he attended. He mentioned tha+ concern was expressed over the possiblity that the ConCom would restrict public access to 'the islands. Brian stressed that the ConCom shares the belief that Salem Harbor is definitely underdeveloped and more boating facilities are needed. Paul Willis informed the Commission that Mr. Noble was committing a wet- lands violation off of Clark St, and requested authorization to issue a cease and desist. A motion was made by Brad Northrup, seconded by Mary Ellen Pelletier and unanimously voted to authorize Paul Willis to issue a cease and desist to Mr. Noble. Paul Willis is to investigate where the fill from Phase I of the Sewers is going to be placed by contacting the contractor. Marc Sosnowski is to draft a letter of appreciation to the Assessors office for their help in ascertaining the owners of land in the Wetland/Flood Hazard district. Brian French informed the Commission that unknown to the members of the Commission Richard Morton had been authorized by CETA to work an additional week. . Richard failed to notify the Commission that he was scheduled to • work and as a result did not fulfill his duties as Conservation Aslistant. The Commission, by consensus, agreed that it was not possible because of the deception to recommend Richard Morton to a prospective employer. The meeting was adjourned at 9:45 P.M. Respectfully submitted, b, Uonservation Co *sion • f Salt•m. 111asGachusetts 03970 Corrected as of 4/20/77 Minutes of Meetinr, - ADril 5 1977 The Conservation Commission met at One Salem Green on Tuesday, April 5, 1977 at 8:00 P.M. Commission members attending were: Chairman Brian French, Vice-Chairman Paul Willis, David DeVoe, Mary Ellen Pelletier and Brad Northrup. Associate members attending were Cleti Cervoni, Marc Sosnowski and Mary Nestor. Also attending were: Henry Andesse, Tom Leonard Robert Bramble, Arthur Collins , Philip Briggs, Barry Plunkett, Paul Armstrong, Robert Camarda, Ron Plant, David Lash, Charles Puleo and Kevin Valliere . The minutes for the meeting of March 15, 1977 were accepted as corrected. Communications Two letters have been received from John Toomey regarding illegal dump- ing of rubbish off of Clark Street (top of South Monestary Hill) by Richard and Gladyce Campbell of 29 Brimblecom St., Lynn, MA. Mr. Toomey wrote on March 15th requesting that the rubbish be removed and a letter be provided indicating the circumstances that resulted in the illegal dumping in Salem. Paul Willis is to further investigate this. • It was noted in the Marblehead Conservation Commission minutes of March 24, 1977 that Mr. Welch has sent a letter stating that IL-r. Mackey plans to . construct lots on Leggs Hill Road and that this work in no-way will involve any filling of the large crater. It was noted that the DEQ has assigned New England. Power Co., file number 64-20. A letter has been received from Commissioner Richard Kendall of. the Department of Environmental Management requesting nominations of rivers and streams to be studied in a statewide inventory of scenic rivers and streams which could be considered for inclusion in the statewide system of scenic rivers and streams . The minimum length for such a river or stream is three miles . It was the consensus of the Commission to submit a nomination for Forest River. Nominations should be sent by April 22, 1977 to Suzanne Kilner, Scenic Rivers Planner. The CETA job fair held on April 4, 1977 at the Salem Armory was noted. A letter written to Jerome Long from David Lash was briefly discussed. The letter outlined some requested details for the final drafting. Minutes of Meeting 4/5/77 Page 2 • David requested that the final drafting be completed by the end of April. A letter of resignation has been received from Associate Member Pollyanne Tierney. In the February edition of the Conservation Legislation Bulletin it was noted that House Bill 2435 would give the Department of Public Works permission to dredge the North River Basin and Palmer's Cove Channel. Brad Northrup is going to try to get a copy of the Bill. Pickering Wharf Attending : Henry Andesse Robert Bramble Arthur Collins Philip Briggs Architect Barry Plunkett - Attorney Tom Leonard Representatives from Heritage Trust were present to inform the Commission of their plans for Pickering Wharf and to inquire into the requirements of building in a wetland area. Philip Briggs outlined the basic design of the proposed plan for Pickering Wharf. The development would consist of two and three story wooden buildings on pilings . Mr. Briggs also pointed out that the first floor • of these buildings would be above the flood hazard area. The buildings would be of mixed usage with both businesses and 45 units of housing on the upper levels . The initial phase, of building would occur on parcel "M" on the plan. The work on the seawall would be essentially reconstruction and-repair of the existing seawall. There would be some minor dredging. The sewers will be tied to the City's system and the only site drainage they predict is storm drainage. The developers have already been in contact with the Army Corps of Engineers relevant to the South River Channel and the proposed marina which would be able to service approximately 80 boats . When questioned about when work would begin on the sea wall, Mr. Briggs answered that that would depend on when the various necessary permits from the Army Corps of Engineers, the State, and the ConCom could be obtained. It was pointed out that engineering plans would be necessary for application for these permits and Mr. Briggs stated that these plans would be ready for submission in the next few weeks. In speaking of the work that will be necessary for the sea wall, Mr. Briggs explained that where the wall"bellys" out they would have to reset the blocks . Most of the wall is )n timber piles with some wood cribbing. Also, Mr. Briggs stated that for the most part the pilings are in good shape. 1'.i Minutes of Meeting 4/5/77 Page 3 Brian French explained that the areas that would be pertinent to the • Wetlands Protection Act would be storm damage, flooding and any dredging. Valley St. Flooding Attending: Paul Armstrong Robert Camarda Ron Plant Paul Armstrong was present to explain the various solutions to the drainage problems on Mr. Camarda's property on Valley St. Mr. Armstrong explained that the City had put in a catch basin on Mr. Carmarda's land which became blocked when Mr. Camarda filled on his property in order to sell it. Mr. Armstrong had proposed . the construction of a ditch in order to alleviate the flooding in the area. City Engineer Anthony Fletcher objected to this beside the. Valley St. as he felt it wouldlbe dangerous to have a ditch behind a didewalk. Mr. Armstrong outlined two additional solutions he saw as feasible. One would be to have the catch basin changed to :a man hole and connecting a pipe .to it. This is the plan Tony Fletcher favored. The second possibility would consist of part pipe and part ditch and would be less of an expense for Mr. Camarda. Brian French noted that he favored the second alternative since it could also lower the water table in the area. Paul Willis pointed out that more effective results could be obtained if the ditch • was extended from lot 114 to lot 113 as needed. Mr. Camarda expressed concern as to whether he will be able to sell his land even after the drainage problem has been corrected. It was explained to him that after the drainage problem has been corrected, he could sell his land and the requirements for building would be similar to anyone building in a wetland. Mr. Armstrong is to find out from the City Engineer if the City will maintain the easement at the catch basin. Mr. Armstrong stated that the Notice of Intent for Mr. Camarda could be completed as soon as the ditch elevations are ascertained. He stated that the Notice of Intent could possibly be ready by the first Conserva- tion meeting in May. Determination of Applicability - Charles Puleo Attending: Charles Puleo Kevin Valliere Charles Puleo was present to explain the work proposed for his property on 5 Freeman Road. He explained that he plans to build a single family dwelling at this location. Mr. Puleo explained that no filling will • Minutes of Meeting 4/5/77 Page 4 • take place and "drainage from the wetland to the west of the property is accomplished by a culvert running parallel to the Marchant Road right of way to Highland Ave." Mr. Puleo also explained that his land lies in the buffer zone of a wetland and that tests conducted on 3/25/77 showed refusal at elevation 91 and no water was found. A motion was made by David DeVoe and seconded by Brad Northrup that the Wetlands Protection Act was not applicable to the work proposed in Charles Puleo's 'Bequest for Determination" . The vote was unanimous and the Chairman declared the motion carried. A motion was made by Brad Northrup and seconded by Pau! Willis to concur with the issuance of a Wetlands Special Permit for tor. Charles Puleo. The vote was unanimous and the Chairman declared the motion carried. Business David Lash informed the Commission that he has received a "dummy" of the final drafting for the Wetlands Mapping from Jerome Long. Some of the ideas utilized in the "dummy" are: 1. A slightly heavier line for the wetland boundary (with ref. to contours) . 2. "tick marks" on the inside of the wetland boundary. 3. Letters written "straight up": "F" (firm bottom) , "M" (organics of medium thichness, i.e. 0-3) and "D" (deep organics, more than 3') • 4. The approximate boundary separating soil conditions by a wavy line. 5. Drainage direction, a double arrow. David explained that Dr. Long also has requested a list of all the sites that the ConCom has indicated need additional field checking. ..Brian French is to contact Dr. Long concerning this. David informed the ConCom that the final cost for this project was $10,500. The request for a Wetlands/Flood Hazard Special-Permit for Pickering Wharf was briefly discussed. Brian French noted that the application for the Special Permit did not contain enough information (for example, the submitted plan did not show where the buildings were fastened . Brian requested that the Commissioners review more closely the Wetlands Flood Hazard Zoning Amendment. Comments on this application are due at the Planning Board by April 20, 1977. And last, but certainly not least, Mayor Levesque ,jili appoint. Ms . Cleti Cervoni and Mr. James Reinhardt to the Conservation Commission. Respectfully submitted, :_� I' Conservation Commission Salem, l'lassacln:setts 01970 Iss Corrected 5/3/77 Minutes of Meeting - April 20, 1977 The Conservatio Commission met at One Salem Green on Wednesday, April 20, 1977 at 8:00 P.M. Commission members attending were: Cleti Cervoni, Jim Reinhardt, Brian French, David DeVoe, Mary Ellen Pelletier and Brad Northrup. Associate member attending was Marc Sosnowski. Commission Member not attending: Paul Willis The minutes for the meeting of April 5, 1977 were accepted as corrected. Communications Chairman Brian French announced that he was resigning as Chairman of the Commission. A motion was made by Mary Ellen Pelletier and seconded by David DeVoe that an election for this office be held on June 7, 1977. The vote was unanimous. Brad Northrup informed the Commission that the necessary papers for the incorporation of the Salem Land Trust had been filed. He added that Tony • Feeherri has completed the application for Recognition of Exemption and has forwarded it to the Commission for their consideration. Brian informed the Commission that the March'21st issue of the Conservation Legislative Bulletin contained a discussion of a proposed Bottle Bill being considered by the state legislature. In a list provided by the Conservation Legislative Bulletin State Representative Ruane was listed as against this proposed Bottle Bill and Senator Harrington as undecided. A motion was made by Brad Northrup and seconded by James Reinhardt that a letter be written to State Rep. Ruane and Senator Harrington expressing the Commission's support of the proposed Bottle Bill. The vote was unanimous. Brad Northrup is to write these letters. Relevant to the Environmental Monitor, Mary Ellen Pelletier is to review future issues in order to bring significant items to the Commission's attention. A copy of a letter to Mayor Levesque concerning dumping and illegal digging of sea worms in the area of the Franklin St. playground and the North River Tidal Basin was briefly discussed. David DeVoe is to further investigate this . Brian noted that there had been a meeting between representatives for Pickman Park and the Planning Board on April 14th. At this meeting additional turnarounds were added to minimize the effect of some of the • dead end streets . It was also noted that the Conservation Commission parking lot will provide parking for 25 cars and have a gravel surface. A letter has been written to DEM nominating Forest River for inclusion in a.� the inventory of Scenic and Recreational Rivers in Massachusetts. Minutes of Meeting 4/20/77 page 2 There will be a last preliminary submission of this subdivision plan on Thursday, April 28, 1977• Brian noted that City Solicitor William Tinti has written a letter to Mr. Hanlon informing her that any action taken which would result in the filling or altering of his property would be in violation of State law. A letter has been received form Lee Fremont-Smith of CETA informing the commission that she is reviewing the complaint filed by the Commission against Richard Morton. Business Brad Northrup informed the Commission of the status of the Forest River Conservation project. He stated that the appraisals for the Loring Hills property as well as those for Salem Acres, Inc will be completed by April 27th. Brad stated that he had a meeting with David Lash on April 8th to review the status of this project. Brad feels that the application for BOR and Self-Help Funding will be completed by June lst. Brad stated that he is going to write a letter to Joel Lerner updating him as to what has been accomplished and asking for a preliminary ruling on utilizing the land given to the City by Salem Acres, Inc. as part of our match. David DeVoe gave the. financial report. He stated that the next warrant should total $261.72. This will leave $252.86 left for the rest of the fiscal year. • The Commission next considered the application for a Wetlands and Flood Hazard Special Permit from Heritage Trust, Inc. After some discussion relevant to necessary information omitted in this application, a motion was made by Brad Northrup and seconded by Mary Ellen Pelletier that the Commission has reviewed the application of Heritage Trust for permits to do work in Wetlands and Flood Hazard Districts and has voted to recommend that a permit be given to work on the seawall only. The reasons for this recommendation, with reference to Section P of the Zoning Ordinance, are as follows: (1) Subsection 4c is not properly addressed as detailed design of these systems is required to make a decision; (2) For Subsection d volume and surface area of dredging should be specified and it should be restricted to a period from October to the end of May; (3) Subsections 41 and 4m require design drawings to determine whether or not piles support the total structure, including floors, as this is a requirement for building in a V zone of a Flood Hazard District; (4) There is no certification supplied as required by Subsection 5d for pile construction; • i ` Minutes of Meeting 4/20/77 Page 3 • (5) No list of required permits as required by Subsection 5e was supplied. It would appear that giving permits only for work on the seawall would present no burden to the applicant as according to a presentation by Heritage Trust to the Commission, the only work planned for this year is work on the seawall and work close to Derby St. The vote was unanimous . The Commission has received a letter from William Lawless of the Army Corps of Engineers regarding the Order of Conditions issued to Roberto Tassinari on Feb. 17, 1976 to construct a marina in Salem Harbor. Mr. Lawless explained that the Omer of Conditions states that "all dredging shall be done between October 1st and May lst." Since a Department of the Army permit was not issued until Feb. 17, 1977, Mr. Tassinari feels that he will not be able to complete the necessary dredging by May 1, 1977. For this reason a 30 day extension to the dredging time condition has been requested. After a brief discussion a motion was made by David DeVoe and seconded by Mary Ellen Pelletier that the Order of Conditions issued to Mr. Tassinari be amended so that the dredging period be extended to the end of May, since this work is not significant under the Wetlands Protection Act. David DeVoe, Mary Ellen Pelletier, Cleti Cervoni, Jim Reinhardt and Brian French voted yea. Brad Northrup abstained. The Chairman de- clared the motion carried. Discussion next followed of a letter written by Attorney Drucas for Robert • St. Pierre to Counsellor Saraceno. Mr. St. Pierre wishes to purchase land located at 23 Mooney Road from the City in order to construct a single family dwelling. The lot consists of 24,295 qquare feet and Mr. St Pierre wishes to deed back to the City approximately 8,000 square feet which consists of wetlands. Brad Northrup stated that at this point he did not feel it would benefit the City to have the 8000 sq, feet returned after the proposed purchase. Brad also noted that Mr. St Pierre would have to appear before the Conservation Commission before construction of the house begins . This property will be viewed by the Commission Sunday, April 24th at 4:00 P.M. Jim Reinhardt next spoke to the Commission of the CZM draft of the Regional Chapter of the Lower North Shore. Jim noted that a letter written by Mayor Levesque to Karen O'Donnell, North Shore Cordinator of the CZM, reflected the comments of the Conservation Commission and the Planning Department. Jim also stated that of the Towns represented at the April 14th To City review of the Lower North Shore Chapter of the CZM report, Salem was the only one to submit written comments on the proposed chapter. Jim also noted that he was the only representative of Salem present at this meeting. The ConCom will receive minutes of this meeting from CZM. Regarding the dates of implementation, Jim stated that the CZM draft has been submitted to the Washinton D.C . office . Approval is expected by mid-May. This would mean that the amended draft would be available for further comments by mid-June. Regional Hearings would then be set for • 1-i i Minutes of Meeting 4/20/77 Page 4 the end of June. Jim noted that the revised Chapter dealing with the Lower . North Shore would be received by the Commission before the Regional Hearings. The formal State and Federal Hearings relevant to the CZM Report would then take .place in mid-July. This would mean that the final plan and funding could be accomplished by mid-October. Jim noted some comments made by surrounding Towns at this meeting. The representatives from Marblehead stated that they wanted no increase in Harbor activities and wanted to conserve the remaining coastline of their town. They also discussed a Community Assistance program they have utilized in which two graduate students £rom .the Iiarvara5chool of Design worked with them on a program of public awareness. The representatives from Lynn spoke of the current misuse of the Harbor and that they felt the CZM was going-to simply increase thebureacratic red tape without effectiveness. Jim stated that there will be an Advisory Committee Meeting on May 12th or 19th which he will attend. Brian informed the Commission that the package concerning the dedication of the uninhabited City Islands for conservation is near completion. Jim Reinhardt is to obtain the comments made in the CZM draft that lists the Salem Harbor Islands as a "critical area". Paul Willis and Brian French recently attended a Waterways Advisory Board Meeting in which they voted against the acquisition of certain Harbor Islands for Conservation use. Their reasons for this action was that they felt this would restrict access to the Islands and that the City might need more taxable land in the future . Brian pointed out that the ConCom could not restrict public access • to these islands. Althou h the Waterways Advisory Board has voted against the project, Ralph Hobbs (Harbormaster) is going to write a letter to the Mayor favoring the proposal. It was noted that fill-has been dumped in a salt-marsh off of'Monroe :Road, and cdrtified letters have been written to Mr. George Tassinari and Mr. Robert Tina stating that any further filling or dumping will result in the Commission taking legal action. Paul Willis is to contact Sylvania con- cerning the dumping of glass in this area. Brian noted that a revised Cease and Desist form has been received from the DEQE. A motion was made by Brad Northrup and seconded by Cleti Cervoni that the Salem Conservation Commission implement this revised Cease and Desist form for use by the Salem Conservation Commission. The vote was unanimous . Cleti Cervoni reviewed plans for the Conservation Spring Weekend with the following results: 1. Karen O' Donnell Tom Ross, Joel Learner, Frank Columbo and Mary Barbara Alexander were added to the invitation list. 2. Cleti will complete the press release for Spring Weekend which will include an outline of activities planned, as well as a brief discussion of the Conservation projects of Forest River and the Harbor 'Islands by the end of the week. • i� i , ._ Minutes of Meeting 4/20/77 Page 5 3. Aerial Photosof Salem, proposed Forest River Conservation area, as well as maps of the. Harbor Islands (from CZM) , and the changed Salem • Coastline will be displayed at the cocktail party. Marc Sosnowski will be responsible for this as well as having the T-shirts, decals, and wetland pamphlets available,. 4. Brad Northrup is to pick up the wood frames and burlap from Richard Morton. 5. Mary Nestor is responsible for the set up of glasses for the cocktail party• 6. Cleti is to obtain the liquor from the Bung Hole. 7. Mary Ellen's husband is to serve as bartender. 8. Sam Northrup is to complete the posters by next week. 9. Cleti is to call Paul D'Amour concerning the Boat ride scheduled for Sunday, May 15th. It ••ras suggested that the Conservation Commission provide a speaker for the boat ride . The possibilities discussed were: Sarah Robins, or someone from Salem State or the Cat Cove Marine Lab. 10. The site of the picnic will be Thompson's Meadow. 11. Cleti will schedule a movie to be shown in case of rain on Saturday. • The meeting' was adjourned at 16:00 P-.M:. Respectfully submitted, t i — 1, Conse .bon Commission I Salein. Massachusetts 01970 1�AI lSc,�C w Minutes of Meeting - May 3 1977 The Conservation Commission met at One Salem Green on Tuesday, May 3, 1977 at 8:00 P.M. Commission members attending were: Cleti Cervoni, Jim Reinhardt, David DeVoe, Mary Ellen Pelletier, Brad Northrup and Paul Willis. Commission Member not attending: Brian French The minutes for the meeting of April 20, 1977 were accepted as corrected. City Engineer Anthony Fletcher was Dresent to discuss some proposed filling behind the transfer station off of Highland Ave. Tony stated that he wishes to use some of the D.-,ase 1 sewer fill to increase the area behind the transfer station. One of the plans for this increased area would be to build a dog pound which the city needs . He also stated that the City has found some pipe made in 1867 that can no longer be used for sewers, but which he feels could be used to con- struct a culvert for this area. He stated that "this could stop the leaching problem in this area and prevent the flyash from going into the • headwaters of the Forest River. Tony stated he has already spoken to the Board of Health concerning this and stated that the money necessary for this project would come from "receivables for dumping." He also stated that the cost to purchase new pipe for this 30" culvert would be exorbitant and the construction of the culvert would only be possible using the old pipe. When asked about the tathroo:is at the 'txansferstation, Tony replied that they were not connected. Brad Northrup inquired whether there would be any influence on the other end of Highland Ave. as a result of this pro- posed culvert. Tony stated there would be increased velocity_ , but he felt it would not be significant. He added that he would be filling to grade 37. Paul Willis pointed out that the Army Corps of Engineers would have to be involved in this proposed project. Tony stated he was aware of this. Tony pointed out that there is no plan at this time to fill on the Moose property. He did say, however, that they would be approached and if they wanted fill they could pay for their part. Paul Millis inquired about the quality and velocity of the runoff from this proposed culvert and whether it had the potential to hurt the Forest River. Tony replied that it was strictly runoff and that the Engineering Department was planning on doing a velocity study to discover any other potential problems. ` i Minutes of Meeting 5/3/77 Page 2 • It was the consensus of those present that the proposed work does fall under the Wetlands Protection Act and a hearing date was set for Wednesday, - June 1, 1977 at 7:30 P.M. Tony next spoke of a plan to place fill from the sewer project at Magrath Park in order to complete a baseball field that various people are interested in completing. Tony informed the commission that several potentially dangerous items including toluene have been dumped and filled over in the past in the area next to the baseball field. Jim Rienhardt expressed interest in viewing this site It was the consensus of those present that the hearing for this proposed work should also be held the evening of June 1st. Tony added that if these plans are approved, he does not know when they will be completed since he has no way of knowing when the amount of accept- able fill needed will be available. The Commission next discussed the filling being done by Mr. Fantoni on Mr. Mackey's property. Tony informed the Commission that he had requested that Mr. Fantoni not fill areas until it had been cleared by either him or Ann Pelletier, who is an Environmental Engineer. The filling done on the Mackey property has been done without the City Engineer's knowledge. As City Engineer, Mr. Fletcher has no salvage rights and any control he • may have has to be in an advisory capacity. The Commission is to further investigate the situation on Legge Hill Road. It was also felt that the Marblehead Conservation Commission should be informed of this matter. Notices and Communications It was noted that the Marblehead ConCom has written to Mr Welch, representing Mr. Mackey, informing him that he must file for a Wetlands Hearing relevant to any work he proposes on Leggs Hill Road. Also noted in these minutes was the fact that the Marblehead ConCom is also writing to the Department of Environmental Management nominating the Forest River for inclusion in the inventory of Scenic and Recreational Rivers in Mass. A copy of the Con's letter nominating the Forest River as a Scenic River will be forwarded to the Marblehead ConCom. The ConCom is also interested in obtaining a copy of their letter. Noted in the April 14th and 21st Marblehead ConCom minutes were descriptions of the areas utilizing fill from the South Essex Sewer construction. Paul noted that the Committee on Natural Resources and Agriculture has urged the passage of House Bill number 5534 which would authorize the Department of Public 'Works to dredge the North River basin and the Palmer's Cover Channel in the City of Salem. • L Minutes of Meeting 5/3/77 Page 3 • Paul Willis also noted that an act has been enacted by the State Senate and House of Representatives authorizing Conservation Commissions to appoint Associate Members. A request from the Planning Board for review comments relevant to the issuance of a Wetlands Special Permit to James Cahill for the installation of a pier, ramp and float at 70 Dearborn St, was next considered. After a brief discussion a motion was made by Brad Northrup and seconded by James Rienhardt that the ConCom concurs with the plan described. The vote was unanimous. A copy of a letter to Anthony Fletcher from the Planning Board relevant to the Special Wetlands Permit application of Charles Puleo was next discussed. Walter Power, Chairman of the Planning Board, noted in the letter that at the public hearing for this Special Permit it was brought to the Planning Board's attention that "extensive filling of this lot has occurred in the past and apparently an inadequate culvert has been installed to accomodate drainage." Mr. Power is requesting that Mr. Fletcher investigate this situation and ascertain what effect this situation has on the Special Permit application. It was the consensus of the members present that a letter be written to the PlanningBoard oard stating that the ConCom has viewed this property and feels that the con- struction of a single family dwelling will have no significant influence • on the existing conditions. However, the problems incurred by the inade- quate culvert should be addressed as a separate issue. A letter to Councillor Saracen from the ConCom relevant to the proposal of Mr. St. Pierre to purchase land located at 23 Mooney Road was- next discussed. A motion was made by Brad Northrup and seconded by Cleti Cervoni that the letter written by Brian French stating"that the Commission has inspected the land and is of the opinion that it is of no use to the City and has no objection to the requested purchase, however, it is recommended that Mr. St. Pierre not return the 5,000 sq, ft., he proposed to do, as this would be useless land for the City to own" be approved as read. The vote was unanimous. Brian French and Brad Northrup are to meet on the evening of May 5 to write the proposed conservation restrictions for the Pickman Park subdivision. Jim Rienhardt noted that he has spoken to Ann Conway and that the report dealing with the 208 Water Quality Program North of Boston will be com- pleted by Jure 17th. The Commission will receive these comments by June 29th. Jim Rienhardt informed the Commission that he is in receipt of various information from CZM relevant to the Salem Harbor Islands. He has a map of the islands which CZM has included under ciritical areas and a copy of • the draft language describing the Harbor Islands as a critical area. He also noted that CZM is writing a letter to the Mayor relevant to these islands. Minutes of Meeting 5/3/77 Page 4 • Mary Nestor informed the Commission that the Coast Guard has eliminated the light at the lighthouse at the end of Derby Wharf. Brad is to inform Historic Salem of this development and Mary Nestor is to contact the Coast Guard for further information. Cleti spoke to the Commission of the Plans for Spring Weekend. Cleti distributed the posters to be placed throughout the City. Mary Nestor is to contact people to bring food for the cocktail party. Cleti urged members to participate in the events scheduled for Spring Weekend and requested that Commission Members come early Friday night. Cleti stated that the charge for the boat cruise would be $2 for adults, Paul D'Amour informed the Commission that an $80 deposit has been requested for the boat cruise. A check for $25 was issued for the deposit. The meeting was adjourned at 9:50 P.M. Respectful) submitted, • i O,. `ON (x,311' Conservation on Commission r Salem. Massachusetts 01970 "Ass\c0 MINUTES OF MEETING - 14AY 17, 1977 The Conservation Commission met at One Salem Green on Tuesday, May 17, 1977 at 8.00 P.M. Commission members attending were. Cleti Cervoni, Brian French, Paul Willis, Brad Northrup, Mary Ellen Pelletier, David DeVoe and Jim Rienhardt. Associate members attending were. Mary Nestor and Marc Sosnowski. Also attending was Tom Rich. The minutes for the meeting of May 3, 1977 were accepted as corrected. Notices and Communications The Pickman Park Draft Conservation Restrictions that have been submitted to the Planning Beard for their consideration were briefly discussed. A communication has been received from the MAPC dealing with stormwater runoff as a serious type of water pollution. A check for $30 was received from Peter Beatrice for tickets to the Spring Weekend Cocktail Party. Since he did not attend, Cleti Cervoni is to con- tact him and give him the option of having the money returned. Bills resulting from the Conservation Commission Spring Weekend have been received from Cricket Press ($48.30) , police department ($28) , and Salem Paper Co. ($7.84) . Brad Northrup has met with Tony Feeherry concerning the Salem Land Conservation Trust's application for recognition of Exemption and the application has been filed. A notice has been received from the Army Corps of Engineers stating that beginning July 11, 1977, in addition to local and State Wetlands approval, Corps of Engineers permits will be required for placing fill material in most streams and wetlands. Notification was also received from the Army Corps of Engineers that Ms. Bronislawa Moore of 330 Lafayette St, has requested a permit, to construct and maintain a pile and timber pier, ramp and float in Salem Harbor. Brian French will attend the annual meeting of the Essex Conservation District on May '26, 1977. It was noted in the April issue of the 14ACC Newsletter that support is needed for Senate Bill 888 - An act to protect and encourage Plass. agriculture by means of acquisition of agricultural preservation re- strictions. Brad Northrup is to write a letter in support of this bill. (A 1 Minutes of Meeting 5/17/77 Page 2 Business • Tom Rich spoke to the Commission of the water analysis performed on the Wetlands on the Ingemi and Ragone property abutting Highland Ave and Swampscott Road in Salem. Tom explained that seven cater samples were collected on May 1, 1977 at points designated on a map attached to his written report. He also showed the Commission the 10 micron and 1 micron filter papers from the suspended solids analysis. Also in his presentation to the Commission he detailed his findings in relation to the Sampling Map enclosed in his report. In sampling Area 1 which was at the pond on the Ingemi prone-+.v. he found the pool stao nant, rusty in color and with a Ogbm dissolved ox ygea level. (a level of 5 ppm would be normal) . This pool drains to the marshland on the ,Ingemi property and sample 2 was taken in the marshland near where the pond drains into the marshland. He found no form of life in this area, but he did find a "black gritty" substance. This 'black grit' was not organic or petroleum. The dissolved oxygen level in this area was still 0 ppm and the total mineral and fixed solids leval was quite high at 1990 - parts per million. Sample site #3 was on the other side of the marsh. Tom explained .that by the .time the 'black grit' , which was suspended in Sample Area #2, reaches Sample Area #3 it has sunk, the testing area was stagnant and the water has started to percolate. The dissolved oxygen level in this sampling area was also very low at 0.3. Tom noted that in Sampling area 4, which was located just before the Ragone property the low dissolved oxygen level continues. In Sampling areas 5,6, and 7 which are located on the Ragone property, the dissolved oxygen level rose to a normal level but the metallic levels were still quite high. Tom noted that he had observed dead Red Maple trees and deformed leaves on the skunk cabbage in this area. Tom Rich concluded that the "runoff from the Ingemi landfill is severely contributing to the pollution of the adjacent wetlands and contributing to . the delinquency of the neighboring Ragone property wetlands and the tributary Forest River. However, the total pollution problem is complicated by the presence of organic and metallic detrit us: strewn about the Ragone property': He also stated that in his opinion the waters sampled at points 1,2,3, and 4 do not meet Class C requirements necessary for a suitable habitat for wildlife and fish. Brian French questioned whether it would be worthwhile to obtain two more samples above and on the side of the incinerator by the Ragone property. Paul 'Willis replied that he did not feel this would be of much value except for reference. It was also pointed out that if .ad- ditional samples were taken there then samples would also have to be taken in areas already sampled before these control samples could really be considered valid. t:{ Minutes of Meeting 5/17/77 Page 3 Brian questioned what the degree of accuracy was for the tests used to establish the dissolved oxygen levels. Tom replied that it was + 3J, Brian also asked if Messrs. Serefini and Ingemi were advised when the tests took place and whether they were invited to go along. Paul Willis stated that Mr. Ingemi was contacted and invited to accompany them when the tests were made. He did not go. Brian French is to write to Attorney Serefini regarding the upcoming Wetlands Hearing for Mr. Ingemi. Included in the letter will be a reminder of the various tests Mr. Ingemi agreed to have done before the hearing. The Commission next considered the Kernwood Park project. A brief discussion was held 6n the proposed parking lot for the marina, as well as the proposed playground to be located in the area. It was pointed out that there is already an existing playground close to ., the site. Paul Willis stated that he felt this was an "inappropriate use of open space." _ is to examine and review the project. He stated that the development project proposal for Kernwood Park has been approved for BOR funds. Brad Northrup pointed out that this project was proposed three years ago. Commission members are to view the area in question Sunday May 22nd at 9:00 A.M. Mr. D'Amato is to be contacted to appear before the Commission at the next meeting to discuss his plans for rectifying the dumping behind his father's house on Clark St. Mr. Carmarda is also to be contacted relevant to filing his notice of Intent, which he stated would be completed by the first of May. Paul Willis is to contact Tony Fletcher relevant to the culvert he discussed with the Commission at the May 3rd meeting. A discussion was next held on a letter the commission wrote to the City Council Committee on Natural Resources pertaining to the sale of land on Baker's Island. At the time the Commission stated that the land had no natural resource value and that the Commissicn did not object to its sale. Brian noted that in speaking to several of the City Councillors he had revised his position concerning this matter. Brian stated that although the land itself has no natural resource value, the City in planning for the future should not only retain ownership of the lots in question, but make an effort to obtain more in the future. By pursuing this course of action, there is a possiblity that ownership of Baker's Island could be obtained by the City. It was the consensus of the commission that Brian write a letter to Councillor Saracen modifying the previous letter and recommending that the City retain • { i a of Meeting 5/17/77 Page 4 ownership of the land in question. Brian French informed the Commission that Councillor Nowak had spoken to him of the possibility of the Commission taking custody of 5.8 some of City owner land located at Fort Ave. and Memorial Drive. Sim Rienhardt pointed out that management of this area would be difficult. Brad North- rop questioned who would be responsible for the policing of this area. Discussion was also held concerning the possiblity of the Commission assuming the custody of Fort Lee and Fort Pickering. Again doubt was expressed whether the Commission has adequate resources to assume these responsibilities. Paul Willis stated that in Brookline, there was a community clean up twice a year for the conservation land under their custody. In addition the Brookline Conservation Commission utilized CETA personnel for additional work that was needed. The Commission next considered the Wetland/Flood Hazard Special Permit application of.New England Power. After a brief discussion, amotion was made by David DeVoe, seconded by Cleti Cervoni and unanimously voted that the Conservation Commission concurs with the project outlined In the application. Cleti Cervoni reported on the results of Spring Weekend. She reported on the program attendance as well as the final costs. Brian requested that income from the weekend also be noted. Support for the weekend had ---- --been good and the weekend was felt to have been successful.. Discussions of various violations was next considered. Paul Willis is to write a letter to Mr. Derflinger of 26 Hardy St. regarding the fill he Is putting in the Harbor. '- Marc Sosnowski reported that he had learned from Ann Pelletier of the Engineering Department that Mr. Mackey has made arrangements to obtain some non-reusable fill. Mare is to investigate where this fill will be placed. Brian French is to check on dumping reported by Councillor Grace by Dgo and Elio DiBiase at 56 Almeda St. The meeting was adjourned at10:25 P.M. Respectfully submitted, ( i / of Meeting 5/17/77 Page 4 • ownership of the land in question. Brian French informed the Commission that Councillor Nowak had spoken to him of the possibility of the Commission taking custody of 5.8 acres of City owner land located at Fort Ave. and Memorial Drive. Jim Rienhardt pointed out that management of this area would be difficult. Brad North- rap questioned who would be responsible for the policing of this area. Discussion was also held concerning the possiblity of the Commission assuming the custody of Fort Lee and Fort Pickering. Again doubt was expressed whether the Commission has adequate resources to assume these responsibilities. Paul Willis stated that in Brookline, there was a community clean up twice a year for the conservation land under their custody. In addition the Brookline Conservation Commission utilized CETA personnel for additional work that was needed. The Commission next considered the Wetland/Flood Hazard Special Permit application of New England Power. After a brief discussion, a motion was made by David DeVoe, seconded by Cleti Cervoni and unanimously voted that the Conservation Commission concurs with the project outlined in the application. Cleti Cervoni reported on the results of Spring Weekend. She reported on the program attendance as well as the final costs. Brian requested that income from the weekend also be noted. Support for the weekend had been good and the weekend was felt,to have been successful.. Discussions of various violations was next considered. Paul Willis is to write a letter to Mr. Derflinger of 26 Hardy St. regarding the fill he is putting in the Harbor. Marc Sosnowski reported that he had learned from Ann Pelletier of the Engineering Department that Mr. Mackey has made arrangements to obtain some nor.-reusable fill. Marc is to investigate where this fill will be placed. Brian French is to check on dumping reported by Councillor Grace by Ugo and Elio DiBiase at 56 Almeda St. The meeting was adjourned at10:25 P.M. Respectfully submitted, ii j}i Ingemi 6/28/77 page 2 • :Mary ',Alen Pelletier pointed out that the City -.,Ir-as consider-In.,-1- putting in a culvert in the area and that tir. Ragone has been under a cease and desist since November 1976. iary Ellen also questioned if Attorney Serefini was aware of any areas which would legally allowthedumping of prolerized material. Attorney Serefini stated t'.na.t he was not, but that he would further investigate this question. ria.n French spoke of the high dissolved oxygen content that was indicated in the testing done for the Commission by Thomas Rich of Geo-Chemical. Brian stated that the levels of dissolved oxy. en on dr. Inge-mils property did not meet the minimum standards for Class C ,rater. Brian also pointed out that bacterial count is not applicable to Class C ,rater. Attorney Serefini pointed out that pollution was -_resent on the other side of iiihland Avenue near the culvert that was unrelated to .Ir. Inge-Tai. Brian stated that this was a poor nlace to take a. sample since people are constantly "tossing refuse" fro!a "the road. . Brad "orthrup stated that he felt it was reasonable to try for a. joint solution which ,could improve the total area. Brian French stated -that this would just 'drag' out this problem even lon=er without any positive results. Attorney Sera.fini stated that he did not believe it was a long range problem. He proposed that the .)rolerized material previously dumped • need only to be contained since he felt enoug=h time had passed that the major negative results from the dumping had already been filtered out. Brian French stated that there was quite a. lot of material left to brewdo*.,n. Mery Fllen Pelletier added that the Commission did not knoT.a : hat the long term effect of this material breaking down would be . Attorney Serefini stated that he would try to find out other areas where this material ;ras dumped and the effect it might have had. Attorney Serafini again stated that the tests by Weston u Sampson indicated that the pollution is not carried down. stream. Tor. Ingemi pointed out that P.r. Raone dwmped fly ash for years in the area. of the present Tyota dealership. Brad aorthrup suggested that the property of Ragone, Ingemi and the City of Salem be viewed and recommend.a.tions made to correct the total situation. Brian French stated the City :ras already planning to place a culvert and that 4r. Ragone had changed the land area. but ,ras not contributing to the pollution in the area. Therefore the burden ,could still be on Ingemi to rectify the situation he is responsible for. Attorney Serzfini stated that the whole area, is the result of fill,-'n and that the -orevious actions of all involved has led to the "_oollution of the area. • Inge-al- 0/28/77 Pa = 3 • .Jim Rien'Liardt suT)oorted the idea. Of Joint action and suggested. that 7. con-iittee be -�Or.med consiMin , or .1essrs . Ingerai and atone, and the—Ir Ia,Iyers, the City :Jolicitor and n; ineer, as ,cell as 11<:=7.^•j Alen lelletier, . ,iTi?_"t7 "'renCil, 'Paul + ill is, Cleti Cervonl and 1L;-self. This 'Cormimittee could- meet some time in August to discuss possi''Jle solutions and that the creation of this committee could serve a.s a 'catalyst' for Ra;one to correct the damage he is responsible for. Drian stated again that iir. Ra.;one's proble;n is not one of pollution and that the formation of t[li_s com:littee would lead to a 'lack of focus' concernin„ the main problem of the area ,,rhich is r. Ingemi's fill. Attorney Serefini replied that. the alternative at this time to the creation Of a coiIlmittee w011ld be court action. - 13rian expressed disappointment that n0 possible sol dtions had bee:'! Dre- sented by Attori;ey Sera.fini. i'atorney Seraflni stated that any solutions za'ould. have .to be for the enti-^e area. Jim 1ienhardt y)ointed. out that if the croblem is substantially that or Ir. Ingemi's, it would be noted. in the course of action arrived at oy th , cor=nittee. Ir. In;erri stated he ..ill not be frill nc:; to "spend m_ld:; more ,-..0ney" relevant to t'.li are?:. t .a5 the COilsensu• t0 Continue t.1i3 :'lea-_I_i1I0:^_ OC .O'o^cr 25, 1977 at • 0:1_)t1 P, l, [; motion is"a.s made by Brian French and seconded by James Rienhardt to orga.niZe a. committee Consistin,,, of members Of the Commission as well as representatives of ?'iess-rs. iagone, Ingem- and the City of Salem to propose solutions for the pollution in the area. discussed. The vote was unanimous and the Chairman declared the motion carried. The hearing was closed at 9:35 P.P'i. Respectfully submitted, • w r Conservation Commission Salem. l'Iassaclactts 01970 F Corrected 7/5/55 Minutes of meeting -----June 7, 191? The Conservation Commission met at One Salem Green on Tuesday, June 7, 1977 at 8:00 P.M. Commission members attending were: Cleti Cervoni, Jim Rienhardt, Brian French, David Devoe, Pail iillis, Mary Ellen Pelletier and Brad Northrup. Associate member attending was: Marc Sosnowski Communications Mr. Der-flinger of 26 Hardy St, was .resent to speak to the Commission of his sea-wall. Iie explained that he would like to recap it. A motion was made by Paul Willis, seconded by David DeVoe and unanimously passed that the Wetlands Protection Act is not applicable to the work proposed. Mr. berflinger then inquired about the increased sewerage that would result from the new Marinas being built. Hai-j Ellen is to check with the Board of Health concerning this. • Brian French went over the lists distributed to the ConCom members regarding mailing lists and hearing procedures. Staley McDermet is to be added to the mailing list. Brian asked that the Minutes for the Ingemi Hearings be read for the next meeting. Brian went over the letter written to the Mayor regarding the care and custody of the Harbor Islands. A notice has been received by the City Clerk that the City Council has approved of the budget proposed by the ConCom. A letter has been received from Suszanne 'Kilner thanking the Commission for the interest shown in the Mass. Scenic Rivers Program by the nomination of the Forest River as a Scenic River. It was noted in the May 12 minutes of the Marblehead Conservation Com- mission that j5,000 has been added to its conservation fund via a vote at town meeting. It was also noted that the Marblehead Commission is cont ducting walks in the Forest River area. The Mass. Environmental Coalition's mass meeting scheduled for June 28 at Essex Aggie was briefly discussed. It was explained that the reason for this meeting was to establish a network o£ people and organizations to lobby and raise money for Conservation Bills. Marc Sosnowski is to attend this initial meeting. : i Minutes of Meeting 6/7/77 Page 2 • A letter has been received from the Town of Seaconk asking for a opinion on the consulting firm of Wallace, Floyd, illenzirreg, and Moore who were responsible for the report on Open Space in Salem. Opinions were offered by various Commission members as to the quality of work produced by this firm. Disatisfaction was expressed but it was noted that the plan was developed without much guidance from the ConCom. Mary Ellen Pelletier is to call Don Hunt and respond to this letter. Cleti informed the Commission that she has spoken to Mr. Beatrice and that the check received from him for the Spring Weekend Cocktail Party will be depositied in the Commission's account. Cleti will write a thank younote to Mr. Beatrice. Jim Rienhardt's letter to Karen O'Donnell relevant to the proposed transfer of various harbor islands to the care and custody of the ConCom was discussed. A copy of this letter is to be forwarded to Mayor Levesque . It has been learned that samples have been taken at Cedar Grove Cemetery by the Peabody ConCom. The results are not yet known. Business Tony Fletcher informed the Commission that he and Marc Sosnowski have met with the Bouchard Sisters regarding their land. Tony explained that • a portion of the land has been previously filled to level lj. VIS Bouchard expressed interest in donating part of the land to the City. She does, however wish to sell approximately 3 acres of the filled area and wants to know what would be allowable in this filled area._ Tony stated that the Bouchard sisters will come to the June 21st meeting of the ConCom. He also stated that he will ascertain - much of the land is usable. Tony will also establish the maximum flooding elevation and define the line of fill. It was the consensus of those present that a Wetlands hearing be held on June 28 relevant to the proposed ballfield at McGrath Park. Tony is to complete the Notice of Intent for this project at least a week before the hearing. Paul :Millis informed Tony of the previous discussion that was held with I'dr. Derflingez. Tony explained that Mr. Derflinger sea wall as well as seawalls from Palmers Cove to Collins Cove will be repaired this summer. The signing of the contract for this project has been set for June 19th. Work should begin by July 1st, and Tony stated that the work could begin with Mr. Dur£�inger's sea wall. Tony further explained that this project would entail no stockpiling, no excavation and that filling would be done on street ends. A motion was made by Paul 'dillis and seconded by Brad Northrup that • the fetlands Protection Act is not applicable to work on the seawalls as outlined by Tony Fletcher. The vote was unanimous, t=art Sosnowksi is to inform Mr. Derflinger of the results of the Commissions I dis- cussion with Tony Fletcher. Minutes of Meeting 6/7/77 Page 3 Brian French informed Tony that if any work is being planned on .linter • Island than the Commission should be informed and a determination should be requested. Tony replied that he would submit a sketch of the work proposed. Next came a brief discussion of the Loring Hills Public Hearing. It was noted that there was little opposition to the project at the hear= ing. A letter is to be written to Mr. Carmarda that he has 30 days in which to comply with the Wetlands Protection Act and submit a Notice of Intent relevant to his proposed work on his land on Valley St. The Commission next dealt with the selection of a Conservation Aid. Mr. Harrington has informed the Commission that a decision on the people al- ready interviewed has to be made by Friday. After a brief discussion of the applicants, a motion was made by Paul Willis and seconded by Cleti Cervoni that David Coleman III be offered the position of Conservation Aid. David DeVoe, Cleti Cervoni, Paul Willis and Mary ellen Pelletier voted yea. Brad Northrup and Jim Rienhardt abstained. A motion was made by David DeVoe and seconded by Paul Willis that Thomas McCarthy be the second choice for Conservation Aid if David Coleman does not acdept the position. The vote was unanimous. A motion was made by Paul Willis and seconded by Cleti Cervoni that Fin • Whelton be offered the position of Conservation Aid if 'Doth David Coleman and Thomas .McCarthy are unable to accept. David DeVoe, Cleti Cervoni, Paul Willis, and Mary Ellen Pelletier voted yea. Brad Northrup and Jim Rienhardt. abstained. The Co.-.mission next discussed the Droposed Kernwood Park property. A discussion was held and it was the consensus of the members present that a letter be written by Jim Rienhardt to George McCabe outlining the following areas of concert_: 1. The proposed 80 space parking lot lies within a wetland. 'We recommend relocating the lot southeasterly and reducing it to a maximum of 40 spaces. Regardless of the size and location, the proposed park is subject to the 'Wetlands Protection Act. 2. Before implementing any part of the proposed plan , a Wetlands Flood Hazard permit from the City Planning Board would have to be obtained. 3. It was apparent that the present condition of the proposed park area is a dumping ground for waste material. Consequently, before any action is taken there will have to be a wetlands hearing and is subject to DEQE Division of dater Polution Control Review. 4. That consideration should be given to alter the proposed use of the park from a.ctivehassive recreation to just passive recreation. 5• Given the fact that the proposed site plan was developed March 10, 1971 and the park proposal developed in September 1972, project cost figures have inflated considerably. If the proposal is to be im- plemented, it appears that the cost estimate needs to be revised accordingly. ` 'minutes of June 7, 1977 Page 4 The election for officers of the Conservation Commission was next held. Brian French resigned his post as chairman of the commission. Paul Willis resigned his post as Vice-Chairman of the Commission. Nary Ellen resigned as Secretary. The Chairman opened the nominations. Paul Willis nominated Mary Ellen Pelletier for 'Chairman of the Commission. The nomination was seconded- by Brad Northrup. The' vote taken was unanimous. Jim Rienha'rdt nominated Cleti Cervoni for Vice-Chairperson for the Commission. The nomination was seconded by Paul Willis. The Chairman declared the nominations closed. The vote taken was unanimous. Cleti Cervoni nominated Brian French for Secretary of the Commission. The nomination was seconded by Paul Willis. The Chairman declared the nominations closed. The vote taken was unanimous. A motion was made to adjourn the meeting at 10:1.5 P• '' Respectfully submitted, Conservation Commission Salt-m. Massachusetts (1197(1 Corrected 7/5/77 Minutes of Meeting -----June 21, 1977 The Conservation Commission met at One Salem Green on Tuesday, June 2k, ' 1977 at 8:00 P.M. Commission members attending were: Cleti Cervoni, Jin Rierhardt, Brian French, David DeVoe and Brad Northrup. Associate members attending were Marc Sosnowski and Dolores Jordan. Also attending were: Tony Fletcher, firs . Bouchard, and Councillors Cawley and Saracen. Commission members not attending 'we: Paul Willis and Mazy Ellen Pelletier. Vice-Chairperson Cleti Cervoni declared a quorum present and the meeting in session at 8:00 P .M. A motion was made by Brian French and seconded by Brad Northrup to approve the minutes of May 17, 1977 as corrected. The vote was unanimous. A motion was made by Brian French and seconded by Brad Northrup to accept the minutes of the Ingemi 4etlands Hearing of November 30, 1976 at read. The vote was unanimous. A motion was made by Brian French and seconded by Jim Rienhardt to accept the minutes of • the Ingemi Wetlands Hearing of March 29, 1977 as corrected. The vote was unanimous. Tony Fletcher was present along with Mrs Bouchard to discuss her pro- perty. Mr. Fletcher stated that he was unable to provide a map at this time of the area in question but that the part of her land that had been already filled consisted of approximately 32 acres, Mrs. Bouchard stated that the people interested in purchasing the filled section of land want to know if they can level this filled land, but that they do not wish to build ibn it. Although Mrs. Bouchard feels that she should receive some compensation for the rest of the land, she did say she would be willing to donate the rest of the land, including Rosie's Pond, to the City. Mrs. Bouchard stated that the area of land already filled would need some additional fill in order that it could be at the level of the adjoining property which is Bertinis. Tony Fletcher stated that, in his opinion this would create no drainage problems in the area. He also stated that he was interested in the proposed donated land as a holding area. Brad Northrup pointed out that the proposed donated land could assessed and that the amount could serve as a tax deduction. Mrs. Bouchard expressed concern that if she donated the non-filled portion of her land, that she would be prevented from selling the rest because of conservation regulations. Brad Northrup pointed out that • all land is under some type of regulations and that as far ae the Commission was concerned, the most serious change would be filling of the area . Tony Fletcher again pointed out that any additional fill Minutes of 6/21/77 Page 2 • would be to level the land not raise it. Brian French stated that the people planning to buy this land could come in with their plans for the land and a determination would be made at that time. The appropriate forms will be sent to Mrs. Bouchard. It was the consensus of the Commission that the land in question be viewed by the Commission on Sunday, June 26th. Tony Fletcher stated that the boundary of the filled area would be marked by his department and that someone from the engineering department would be present to accompany the Commission on this inspection. Tony next spoke to the Commission of the 1.5 million dollar grant that has been awarded to the City for the construction of a municipal garage. Tony explained that 2 locations had been considered for this project. The area decided on was near Swifts on Jefferson Ave. Tony stated that the land was in a flood plain area and that the plans for construction would consist of raising the grade approximately one foot. Tony further stated that the City has only 90 days to breailoround in order to keep this grant. A motion was made by Brian French and seconded by David Devoe that the Wetlands Protection Act is not applicable to the work proposed. The vote was unanimous and the Vice-Chairperson declared the motion carried. A discussion was next held with Councillor Joseph Saraceno concerning the proposed donation of various Harbor Islands to the care and custody of the Conservation Commission. After a. brief discussion of the conflict • with the Waterways Advisory Board relevant to this issue, Joe Saraceno stated that he and Len Cawley would be willing to discuss this project further with the 'Waterways Advisory Board. Information relevant to this project will be forwarded to Councillors Saraceno and Cawley. A discussion has held concerning the section of the minutes of June 7, 1977 relevant to the selection of a Conservation Aid. The job as Conservation Aid was offered to David Coleman and was refused since he has already accepted another position. In addition, on June 8th information was received that a more qualified person than the people previously inter- viewed did meet the CETA qualifications. For this reason a motion was made by Brian French to reconsider the previous motions relevant to the selection of the Conservation Aid in order to consider a more highly qualified candidate that has been brought to the attention of the Com- mission. The motion was seconded by Brad Northrup and unanimously passed. Vice-Chairperson Cleti Cervoni declared the motion carried. Notices and Communications A Public iIotice has been received from the Army Corps of Engineers stating that eir. Roberto Tassinari has requested a permit to install and maintain two floating tire brew kraters at the outer end of the marina in Salem Harbor. • �}i Minutes of 6/21/77 Page 3 A notice of the Natural Resources Inventory was received from • _Essex Co. Planner and will be followed up by Brian French. Cleti informed the Commission that Air. McIntire has been informed that a notice of Intent will be required for the proposed work at McGrath Park. Cleti noted that the Commission is in receipt of a letter from Karen O'Donnell to Mayor Levesque supporting the Commission's request that various Salem Harbor Islands be transferred to the care and custody of the Conservation Commission. Brian French sated that he had forwarded the final comments concerning the Wetlands Mapping to Dr. Jerome Long. Brian stated that he commented on the section dealing with "values of wetlands" which its to be deleted in the final report. A questionnaire has been received from the Coast Guard concerning possible oil spills. I•Iarc Sosnowski is to complete the questionnaire. Cleti reminded the Commission that the wetlands 'Hearing for Mr. Ingemi is to be held on Tuesday, June 23, 1977. It was the consensus of the Commissioners present that a special meeting was not needed before the hearing, but that there would be a meeting to write up an Order of Conditions for Mr. Ingemi's Notice of Intent. • Business Brad Northrup stated that he has spoken with Staley McDermet relevant to the Definitive Subdivision Plan for Loring Hills. Brad stated that there was still some confusion as to the donation of z of Parcel H to the City. The developers have interpreted the donation as a joint ownership until the City pays the appraised value. Some members of the Planning Board felt that the agreement consisted of the City receiving ownership of 2 the land and receiving the other half when if the appraised value of the total parcel was paid. Brad is to meet with Staley tomorrow for futher discussion of this matter. Brad also stated that Staley felt that it was not necessary for a member of the Commission to be present during the Planning Board's discussion of the proposed Conservation Restrictions for Picl�-nan Park. Brian stated that violations of the Wetlands Protection Act should be more detailed in the minutes. Marc Sosnowski is to review the violations that have been noted at recent meetings as to what follow up may now be required. A brief discussion was held on the request for a special permit from the Planning Board by Firs. Moore to construct a pier off of her property on Layayette St. A motion was made by Brian French and seconded by Brad Northeup that the ConCom concurs with the proposal as outlined in the plan submitted. The vote was unanimous and the 'Dice-Chairperson declared • the motion carried. Minutes of 6/21/77 Page 4 A discussion was next held relevant to a request for a Special Permit • from the Planning Board by Messrs. Tassinari and Burba relevant to renovations planned on two buildings located on their property off of White St. Brian French stated that the construction was located in a V3 zone. Iie also felt that the Planning Board, Conservation Commission and City Engineer should inspect the site. Brad Northrup noted that at the public hearing held for Nessrs. Tassi- nari and Burba the question was raised that since the area in question has been filled an additional 121 feet,would that charge the flood line. A motion was made by Brian French and seconded by Jim Rienhardt that the ConCom believes that additional information is needed before the Special Permit can be issued and that comments read relevant to this Special Permit be included in the review comments for the Planning Board's consideration. The vote was unanimous and the Vice-Chairperson declared the motion carried. Requests for review comnents relevant to Special Permit requests from Paul Lyons and Paul Sullivan have been received. Brian French is to review them for the next meeting. David Devoe gave the Finanical Report. He stated that ?223.62 was left in the Conservation Budget for the rest of the fiscal year. He noted that the bills received by the Commission total al more. He also stated that he was going to have meeting with the Purchasing Department. • Brad Northrup stated that the appraisals for the Forest Riveracquision were completed except for the review appraisal of the Loring Hills appraisals. He also stated that David Lash has completed the draft of the self-help application for BOR . He informed the Commission that he has still not received a ruling regarding the Dibiase gift. He will be meeting with David Lash tomorrow. Brian also noted that the ownership of the land around the mouth of the Forest River was not known. Marc is to further investigate this. Brian French informed the Commission that the firm of Carpenter & Costin is dumping soil and trees on lot 6 Assessors Maps 11 and 20. A motion was made by Brian French and seconded by Brad Northrup that a cease and desist be sent to Carpenter & Costin, and the Swampscott Department of Public Works. The cease and desist will call for a Notice of Intent to be filed with the Salem ConCom by Aug. 2 , 1977 . The Vote was unanimous. It was noted that a cease and desist had been issued in 1974 for the same action and that at that time the Salem Board of Appeals turned down their special permit application. The meeting was adjourned at 10 : 15 P.M. . Respectfully submitted, . r (f r Conservation Commission Salein. Massachusetts 01970 17.155; MINUIES OF 14EETING - July 5, 1977 The Conservation Commission met at One Salem Green on Tuesday, July 5, 1977 at 8:00 P.M. Commission members attending were: Cleti Cervoni, Brian French, Jim Rienhardt, and David DeVoe . Associate members attending was :1arc Sosnorrski. Also attending were: Mrs. R.M. Bouchard, Loraine Dunfy, Adrianne Bouchard, Frank Bertini, Charles Bertini and Attorney Serafini. Commission members not attending: Mary Ellen Pelletier and Brad Northrup [ The minutes for the meeting of June 7, 1977 were accepted as corrected. [EI Mrs Bouchard was present to further discuss her plans for her land. She informed the commission that she was interested in the :thole parcel being E sold to Mr. 3ertini if 4 acres of the land behind Mr. 3ertini's present property is judged to be usable. Firs . Bouchard pointed out that the informal line of fill established by Tony Fletcher allows less than 2 acres of usable land. Mr. Bertini stated that he was interested in donating the non-filled area, but that he would need 4 acres of usable land for • his purposes . j Brian French informed Mrs . Bouchard and Mr. Bertini that the Commission has viewed the land and although the Commission could not allow any additional fill to be placed in the area, that there was additional filled land not included in Mr. Fletcher's informal survey. For this reason Brian thought it would be possible to transfer the existing fill to the area Mr. Bertini wants. I Tony Fletcher pointed out that an accurate survey of the filled area is necessary and that his Denartment is too busy at the present time to do it. Attorney Serafini was present and asked what portion of the land in question } had been already surveyed by the State. Tony Fletcher stated that the i rail road line had been established by the state. J� Paul 'riillis questioned what the proposed use of this lard would be. Mr. E Bertini stated that at this time he wished to lease the land to a. I! trucking firm. Brian French stated that nothang definite could be decided until an ac- curate surrey of the filled area, complete with the levels of fill that now exist, is completed. He again stated that there could be "no net increase o£ fill" in the area . A brief diticussion of the Zoning of this area. was ':text discussed. After • some investigation it eras ascent--ined tr_at the area oa.s probably K . if I I I r t Minutes of Meeting 7/5/77 Page 2 this is true than a variance would have to be obtained from the Board of Appeals for Mr. Bertini's proposed use of the land. • Notices and Communisations An environmental assessment form from the Executive Office of environmental Affairs relevant to the Forest River land acquisition has been received. It was noted in the June Toth minutes of the Marblehead Conservation Com- mission that they are investigating the possibility of acquiring land =which would enlarge the proposed Forest River Conservation area. Jim Rienhardt noted that a copy of a movie "Off Shore, On Shore" is available for viewing by the ConCom. Jim is to investigate this further. A letter has been received from Steven Kadish of the glass. Environmental Coalition thanking ;Marc for his help for their meeting of June 28th. It was noted that Larry Morse and Dana Hansen were selected as delegates to the P,11C Steering Committee . Brian French noted that complaints had been received from the Juniper Cove area relevant to material that has been dumped by SE3D. Brian noted that a ;Wetlands Hearing had been held relevant to the work being done by SESD, although no orders of condition had been issued. Brian suggested that the Commission view the site next weekend. A discussion ,.gas next held relevant to Marc's eligibility for the position • of Conservation Aid. Marc stated that he had had a meeting at the Boston CITTA office and although they sta0ed that Marc had sufficient qualifications to be referred for the position, but because of his close association with the Commission they felt that a question of favortism might be in- volved. Ken Harrington has called Mary Ellen and informed her that if the Commission has not selected an Aid by Wenesday they will lose the position. Mary Alen has contacted Francis Frace for further information. Bill Farrell is to call Mary Ellen relevant to any information he is able to obtain. Cleti Cervoni is to call Ken Harrington and write to Lee Freemont-Smith relevant to the letter written to her concerning Richard Morton's work with the Commiision. A discussion of the Ingemi hearing held on June 29th was next discussed. Brian French briefly outlined the results of the hearing. He stated that it had been decided at the hearing that a committee be formed consisting of some members of the ConCom, City Solicitor William Tinti, Attorney Serafini, Mr. ingemi, Mr. Ragone and his attorney. This committee would then try to reach a, joint solution for the existing pIllution in the area which would be considered at the continuation of the Hearing in October. Brian pointed out that the pmlution resulting from the prolerized material is Ingemi's responsibility and has nothing to do with what either Mr. Ragone or the City of Salem have done in the past. Brian requested that • for this reason the vote taken at the hearing be changed. (�i : 1 Minutes of Fleeting 7/5/77 page 3 . . Jim 3:ienhardt stated that the action at the hearing resulted from the attitude that although everyone agrees that the area is polluted, the important thing at this time is that a total solution be found. Paul Willis stated that the Ingemi situation has been discussed for 3 years without any action being taken to rectify the situation. He pointed out that the idea of a joint committee would result in a 'dilution of the issue'.' and that Mr. Ingemi should be dealt with separately relevant to the pollution from his land, rorhich is the most serious . A motion was made by Brian French and seconded by Paul ;Millis that the Commission reconsider the vote taken at the Wetlands Hearing of June 29, 1977 to organize a committee consisting of members of the Commission as orell as representatives of Nessrs. Ragone, Ingemi and the City of Salem because the case deals specifically with the violation of the 'Wetlands Protection Act by IIr. Ingemi. Also proposed is that a letter be sent to Mr. Sera.-ini advising him that the Commission has reconsidered the motion of June 29th and that a.t the continuation of the hearing in October, Mr. Ingemi will be expected to propcse some possible solutions to this problem. Paul 'dillis, Brian French and David DeVoe voted yea. Jim Rienharit abstained, The Chairman declared the motion carried. Brian French will ;write the letter to Attorney Serefini. A motion was made by Brian French and seconded by Paul Willis that Brian French write letters to the Army Cors of Engineers and the DEME `.Jater Pollution Control of the action being taken with ilr. Ingemi. The vote • eras unanimous . The Vice-Chairman declared the motion carried. The Commission next considered the `,I-t1ands;Flood Hazard Special permit applications of Paul Lyons and Thomas Sullivan. Brian f5-'rench informed the Commission that I'4r. Lyons wishes to build an addition to an existing building at 20 Commercial St. Brian pointed out that the building is above the 15.36 feet elevation. After a brief discussion a. motion was made by Brian French, seconded by Jim Rienhardt and unanimously voted to concur :with the proposal as outlined in the application. Brian next explained that Thomas Sullivan wishes to install a 3,000 gallon oil tank at 16-18 Commercial St. Paul 'rillis expressed concern relevant to the type of spillage control proposed. After a brief discussion e- motion motion eras made by Brian French, seconded by Paul dillis and unanimously voted to concur with the proposal outlined and reco;mnend that the Planning Board request the flotation calculations necessary for the empty tank. The meeting was adjourned at 10:15 P .N. espectfully submitted, SOS Coll Conservation Commission • Salem. Massachusetts 01970 4 Wetlands Hearing J oin Ingemi June 28, 1977 Chair`aan Mary Alen Pelletier called the continuation of the Public :Hearin" for John Ingemi open at 8:00 P. i. Robert Lavoie of Essex Survey was present and presented the list of lots Of the abutters of !`'1r. Ingemi's property. All of the, a.butters are related to Mr. ingemi and their pe_,nission has been obtained relevant to any future action by iir. Ingeml. Mr. Lavoie also stated that the list of Book and page number in the registry of Deeds of these lots will be forwarded to the Commission tomorrow. Attorney Serafini stated that Worthy Lab Inc , of Chelsea did an analysis of material found on Mr. Ingemi's property in November and their re- sults Frere that the material is non-combustible . Attorney Serefini noted that the ' otice of Intent that has been filed calls for the main- tenance of the existing fill along with the addition of new fill. Attorney Serafini next discussed the investigation and test samples taken on 'r. ingemi's land by the engineering fire of `Weston and Sampson. He explained that they had -taken samples at four sites: the wetland area adjacent to the lard fill, the stream draining from the Wetland area,, the stream at Highland Ave. and the stream below the incinerator. ;he conclusion of Weston & Sampson indicated that the samples collected at point #1 show that there is a concentration of metals leaching from the land fill into the adjacent wetland area. Attorney Serafini agreed that there iaas a high concentration of metalic solids in the immediate area of Mr. Ingemi's property., but that 200 feet from ingemi's fill at test point ;7#2 the situation measurably improves . Attorney Serefini stated that although there is no disagreement that pollution exists in the area, the samples taken by Lleston and Sampson indicate that the sources of the pollution are not only those of ingerni's fill. The actions of Ragone and the Cit, of Salem have to be considered before a. total solution can be found. _'.ttorney Serafini _pointed out that the City operated an inc&nerato-r in the area for 15-20 years and also were responsible for durming "rarr riobish" in the area. He also pointed out that the action of ;°r. Ragone had served to divert the stream -from its 'natural _`lot-:'. Attorney Serefini concluded that the problem in the area is not just ".r. Ingemi's fill and that a.ny total solution for the tarea would have to be a combined effort of '4essrs . Ingemi, Ra;one and the, City of Salem. Attorney Serefini also pointed out that 'ir. Tn`7emi had not durnoed any material on the grope y since Septelaber 1975.' `4Rv CQ1/ Uoe 'gin Commission • '� Salem. Massachusetts 01970 r, �c Minutes of the Meeting-----July 19, 1977 The Conservation '.t:ommission met at One Salem Green on Tuesday, July 19, 1977 at 8:00 P .M. Oommission members attending were: Cleti Cervoni, Mary Ellen Pelletier, Brad ?Jorthrup, Brian French, David DeVoe and Jim Rienhardt. Associate member attending was Marc Sosnowski. Co-emission members not attending: Paul Millis The minutes for the meeting of July 5, 1977 were accepted as corrected. Notices and Communications It was noted that Kelly McClintock has resigned as Executive Director of the Conservation Law Foundation and Douglas Fay has been named her successor. A letter to Tony Fletcher from Elizabeth Williams of the Bureau of Solid Waste Disposal relevant to the Northeastern Massachusetts Resource Recovery Project was briefly discussed. Ann Pelletier of the Engineering • Department has informed the Commission that Mayor Levesque has decided to join '`ES'riC . As a, result Salem will have 5 representatives (one voting to the Northeast Solid Waste Committee . Cleti Cervoni will be one of the representatives along with Ann Pelletier, Tony Fletcher, David Lash, and ?Mayor Levesque. A letter has been received from Ann Conway of the HAPC stating that the wa,ter quality reports for the Ipsi-rich and north Coastal Basin are expected to be ready for public review in August. Ms. Conway also stated that the MAPC wishes to have private citizens read and prepare written comments on the report in its draft form. Cleti Cervoni will read and comment on these draft reports . A letter has been received from Brad Allen of Arlinton who became aware of the ConCom through the Conservation Stall at Market Days . Marc Sos- nowski is to send him further information relevant to the Commission. Brian French read a rough draft of the letter to be sent to Mr. Serefini advising him that the Commission has reconsidered the :Motion of June 28th and that at the continuation of the hearing in October, Mr, Ingemi will be expected to Dropose some Dossi.ble solutions to this D-roblem, Brad Northrup stated that a solution was needed for the total area. and that separating Mr. Ingemi would provide a partial not total solution of the problem, Lary Ellen Pelletier stated that she felt this action would end with the matter going to court, the results of which could be • damaging to the area in question. Minutes of 7/19/77 Page 2 Brian French stated that he felt the matter would end up in court anyway • and that the process of including the City and Mr. Ragone in the dis- cussion of possible solutions would only serve to further cloud the issue. He again reiterated that the major source of pollution has resulted from t he prolerized material dumped. by Mr. Ingemi. Paul D'Amour added that he felt Mr. Ingemi wanted to "enlarge" the issue in order to advoid his responsiblity in the matter. David Devoe stated that the Commission had tried to work with Mr. Ragone before concerning Mr. Ragone's violation of his Order of Conditions and that the situation had ended up in court. David also felt that Mr. Ragone and 4r. Ingemi would have to be dealt with sepa.r Lely. After the discussion, it was the consensus of those present that the letter be sent. There :rill be 'a meeting Thursday, July21, 1977, between Councillor Mcu"abe, ,ir. Folley, a representative from Robert Charles Associates, Jim Rienhardt, Cleti Cervoni and Brian French relevant to the plans for Kernwood Park. James Rienhardt informed the Commission that the Advisory Committee for the Coastal Zone I-anagement Plan will meet Thurs . , Aug. 4, 1977 at One Salem Green. At that time the CZII draft plan will be distributed. Also to be discussed at this meeting will be the schedule for the next several months in terns of hearings and federal review and and approval. The Commission is also in receipt of a Coastal Zone Management Update dated June 23, 1977. Jim Rienhardt informed the Commission that he has spoken to Lee Freemont- Smith as well as Messrs . Harrington and Welsh relevant to the Conservation Aide position. After some discussion the position of Conservation Aide ,,as 'reinstated and Mr. Harrington stated that additional referrals would be sent to the Commission. Mary Alen Pelletier noted that the position of Conservation Aide was not listed in the latest CETA advertisement in the Salem Evening Mews. Jim added that he had also spoken to Lee Freemont-Smith concerning the letter written to CETA relevant to the Commission's previous Conservation Assistant. She advised that any action resulting from this letter should be postponed until after the Commission has selected a Conservation Aide. Brad Northrup gave an update on the proposed Forest River Conservation Area. Brad informed the Commission that David Lash has been assigned the task of finding a lawyer to represent the City in the negotiations relevant to the land acquisions. Brad also noted that as of now' it was felt that -the landowners should be met with individually to discuss the various appraisals. Brian French questioned whether the Commission *.could have input in the selection of the Attorney, Jim Rienhardt stated that he could see no reason to get involved in the selection until David had further in- vestigated the matter. Brad Northrup stated that the final decision on the selection of an attorney would be made after -the Commission had • an opportunity to reviewhis qualifications . Minutes of 7/19/77 Page 3 Brad also informed the Commission that the applications for self help and • BOR funding have been submitted. Paul D'Amour stated that I?r. Quigley wished to impose a 2 year limit on the option to purchase Parcel H of his property. Brad -lorthrup stated that this was not enough time. Marc Sosnowski initiated a discussion relevant to various Notices of Intent acted on by the Commission. The following information was noted: 1. Kevin Harrington (64-20) - ilo Order of Conditions was issued. 2. Carpenter and Costin - They never filed a Notice of Intent. 3. Moose Lodge ( 4-16) A determination was made . 4. John Ingemi (64-17) - A Notice of Intent was filed, but there has been no Order of Conditions issued. 5. New 3ngland Power (64-20) - A determination was made. The following is a sist of current violators of the UPA being acted upon by the Commission: Carpenter and Costin Town of Swampscott . Mr. Ca march IX. Mackey Por. Ragone Mrs . Sirvoni ir. Ingemi Marc Sosnowski is to get a copy of Denmit r IA0100501 which has been • issued to SESD. A letter has been received from Tassinari w Burba requesting that their permission to dredge be extended fifteen days. Drian explained that rock and. stone had. been placed on the property in order to enable the crane access. Additonal time is now needed to remove the rock and stone. A motion was made by Brian French and seconded by Jim Rienhardt that Tassinari' and Burba's dredging permit be extended from July 15th to August 15th. Cleti Cervoni, Brian French, Jim Rienhardt and David DeVoe voted yea. Brad Northrup abstained. The chairman declared the motion carried. Cleti informed the Commission that the Sirvoni property has been inspected. Irian French read the letter to Firs . Sirvoni explaining that no .more filling or dumping is to be done on her property. The letter also explained that the fill already placed need not be removed but that the trash dumped is to be removed. A motion rias made by Cleti C"ervoni and seconded by Brad Northrup that the letter be accepted as read. The vote was unanimous and the Chairman declared the motion carried. Mary Ellen next informed the Commission that Hank O'Donnell wishes to repair the sea wall on. his property. After a brief discussion it ryas the consensus of those present that a cross section illustrating how the wall would be constructed would be necessary before a determination could be made . Marc Sosnowski is to contact Mr. O'Donnell concerning this , • Minutes of 7/19/77 Page 4 • The Commission was reminded tnat Mr. Carmarda has until July 1.1st to file his Notice of Intent. Brian informed the Commission that Jim Klein is willing to meet with the Commission to view the material that has been dumped by SESD in the Juniper Cove Area. I•Iarc is to contact Mr. Klein and ascertain when it =.could be convenient to viewthe area at low tide . Discussion eras next held on the update of the master plan. The major thrust of the plan will deal with o_oen space . Brad Northrup suggested that a Committee be formed. Jim Rienhardt, Brian French, Cleti Cexvoni Marc Sosnows__i and David Lash will be on this Committee. Jim Rienha.rdt is to obtain -the current Scorn plan. . Relevant to the Harbor Islands, Brian is to contact Iayor Levesque to have a meeting with the Uaten,;ays Advisory Board and any one else * ho objects to the project. Councillors Saraceno, 'Grace and Cawley will also be in.iied, It was noted that 113 CETA personnel are wo-rkin; on :-linter Island. They are involved in landscapin , cleaning up and policin the area. Brad Northrup is to contact Staley McDermet for more information concerning the work on Minter Island. Brian French is to review the Snocial Permit a-pplication for the Publgc • works garage. He is also to review the application for Cluster Development filed by Salem Acres . Brad Northrup informed the Commission that a Public Hearing is to be held relevant to _ieu England Poker's proposed plan to burn oil and coal ./ Cleti Cervoni explained that Tony Fletcher had authorized the dumping of Hydrogen Peroxide in the North River. A sewer bypass opened which necesitated this action. Brian French was wished a Happy Birthday and the meeting was adjourned at 1C:10" P .lI. Respectfully submitted, • oA CQ rim Conservation Commission • J. Salem. Massachusetts 01970 Minutes of Pieeting-----August 2, 1977 The Conservation Commission met at One Salem Green on Tuesday, August 2, 1977 at 8:25 P.M. Commission members attending were: Mary Ellen Pelletier, Cleti Cervoni, Brian French, Jim Rienhardt, Paul Willis, Brad Northrup and David DeVoe. Associate members attending were Marc Sosnowski and fury Nestor. Marc Sosnowski informed the Commission that Councillor Joseph Saracen had informed him that trucks from Pjourn Construction Co. have been filling on Clark St. off of Highland Ave. Brian French pointed out that the Commission had already made a determination that sae Wetlands Protection Act is applicable to any work to be done on Mr. Abraham's property. A motion was made by Brian French and seconded by Paul Willis that a cease and desist be sent to :falter Abraham and to the contractor ordering that any filling be stopped on Lot 107, Assessors Map 3 and that a Notice of Intent be submitted to the Commission relevant to any future action on the land. The vote was unanimous and the Chairman declared the notion carried. Marc Sosnowski is to call Mr. Abraham and • inform him that a cease and desist is to be issued. A cover letter is to be sent with the cease and desist explaining the procedures to be followed in filing a Notice of Intent and to inform fir. Abraham that he also has to apply for a Wetlands/Flood Hazard Special Permit from the Planning Board. Brian spoke to the Commission of the meeting that he, Cleti Cervoni and " Jim Rienhardt attended with Councillor McCabe, Bob Vanne and John Ahern relevant to the proposed Kernwood Park Project. Brian noted that the plan presented at the meeting was different from the plan previously reviewed by the ConCom. Brian in discussing the neeting outlined the various points discussed: 1. The Commission noted that a Notice of Intent, as required by the Wetlands Protection Act, would have to be submitted to the Commission and that a Special Permit under the Wetlands District Zoning of the City would be required from the Planning Board. It was also suggested that the US Army Corps of Engineers and the DEQQ�, Division of ':Iaterways, be contacted to see if permits are necessary, 2 . It was stated the Parks Commission intended that Kernwood Park be used only for passive recreation and that the basketball court has beer, removed from the plan. 3 . The Commission asked what the criteria. for the number of parkin„ • spaces was. It was stated that there is no criteria, but that a judgement eras used. The spaces are now set for ?0 cars. The Commission was told that users of Kernwood farina :could definitely not be, allowed to park at Kernwood Park. It was noted by the Commission that it is difficult to see the necessity of spaces for 70 cars, which at 2 people per car, would provide spaces for 140 people to use Kernwood (.i Minutes of 8/2/77 Page 2 • Park at any one time. 4. It is still believed that the estimated cost for development of the park is reasonable considering the proposed scope of capital improve- ments . 5. It was agreed that an attempt will be made to orient the parking lot in order to retain as much of the wetland as possible. 6. The swings, slide and all buildings, but an attendent's building, will be removed from the plan. 7. The Parks Commission may be required by the State to have another archaeological survey of the site. Discussion was next held on the 1.1etlands/Flood Hazard Special Permit application of the City of Salem for a Public Works complex to be con- strutted on Jefferson Ave. After a brief discussion, a motion was made by Brian French that the Conservation Commission requires more information and that it cannot concur with the proposed construction because the two garage buildings are below the 15.36 elevation required by the Flood Hazard Zoning. In addition the plan shows one building extremely close to the sidewalk. If this building could be placed further back and trees planted it would improve the appearance of the project. The motion was seconded by Cleti Cervori and the vote was unanimous. The Chairman declared the motion carried. Notices and Communications A-letter has been received from Evelyn Murphy informing the Commission that "Applications for this year's program for allocation of the remaining self-help funds will be accepted only through August 31, 1977. Brad Northrup noted that the application for self help funds for the proposed Forest River Conservation Area have been received by Joel Lerner. Jim Rienhardt spoke briefly relevant to CZM. Having briefly reviewed.the CZM draft he noted that the Forest River was not properly identified. He informed the Commission that a Public Information meeting relevant to CZM will be held on August 11th. Jim is to attend. Brad Northrup informed the Commission that he,David Lash and Tom Ross met on August 1st to go over the BOR funding application. Brad noted that there was to be some minor changes and then the application will be resubmitted. Brad also stated that the grant will encompass proposed development of the area as well as acquisition. Cleti is to work with David relevant to future usage of the land. Brad informed the Commission that he had been contacted by Dr. Tassinari. Dr. Tassinari informed him that the crane operator was not able to come and remove the rock and stone previously placed. For this reason he is • requesting that the dredging permit be extended. A motion was made by Cleti s Cervoni and seconded by James Rienhardt that Tassinari and Burba' dredging permit be extended from Aug. ljt:i to August 31, 1977 . Cleti Minutes of 8/2/77 Page 3 • Cervoni, David DeVoe and Jim Rienhardt and Mary Ellen Pelletier voted yea. Brad Northrup abstained. The Chairman declared the motion carried. It was noted that Robert Carmarda has submitted his notice of intent to improve the drainage on his property. It was the sonsensus of the Commission that a Public ;-Searing be held August 8, ly 7 at 8:00 P.M. It was noted that New England Power has rebuilt their pier without notifing the ConCom. The meeting was adjourned at 9:15 P.M. Respectfully submitted, • • Ill it i \`%ON COIJ JG Conservation Commission Z Salem. Massachusetts 01970 �G77 Agenda A. Approval of Minutes of July 19, August 2 and Ingemi B. Communications and Correspondence C. New Business a. O'Leary - Essex City Planners b. Conservation Aide c. Winter Island Report d. Special permits (2) • e. Land Trust budget D. Old Business a. Hewitt Cease & Desist / Carpenterk ECostin/Report b. CZM report c. Carmarda Orders of Condition d. O'Donnell e. Forest River f. Land Trust budget , (Status of Non-Profit) Conservation Commission r Salem. Massachusetts 01970 M i'II_;UTES OF }METING - AUGUST 16, 1977 The Conservation Commission met at One Salem Green on Tuesday, August 16, 19(7, at 8:0? P.M. Cor^mission members attending Were: Cleti Cervoni, Mary Ellen Pelletier, James Rienhar'dt, David Devoe and Paul :Willis . Associate member present ,rs 1'1a.rc Sosnowski. Also attending were Joe Antonelli, Mr. & Ers Durflinger, and Thomas O'Leary. The minutes .for the meetings of July 19, August 2 and for the Imgemi ' hearing of June 28th were accepted as corrected. Thomas O'Leary, Esses County Planner \ia.s present to speaK to the Commission of a proposed cooperative venture which would produce an inventory Atlas of natural resources of Essex County. This Atlas would ,,e a "compendium Of resource information which generally can be found in various places, but when found may have limited access or cause one to experience other frustrations ." Tom further explained that, in the past, such information has never been integrated for quick reference. The Atlas would describe natural resource areas, functions and conditions and in this way can help in the formulation of natural resource policy. Tom pointed out that the r.tlas ?'rould be F. pacR-7•ge of facts, in other i-,ords, c neutral document. Com- panion documents could provide .policy and a planning program. The node! Atlas Tom had available for the Commission's inspection was of the Berkshires. Relevant to the cost of this project, is. O'Leary stated that the Essex County Plan'}ng Department ha.s 2 full time- -planners assigned to the research and coordination effort, as well as 2 graduate interns . He further stated that the Cooperative 'Extension program w'oul'd Publish 750-1000 copies of the finished Atlas free of charge . rfith the cor;oletion of the .',tlas than the 'project would qualify for self-help =as. Mr. O'Leary stated that What he wanted from the Commission at this time was a representative from the Commission who ,could share information needed for the Atlas. Paul Willis questioned what the 'reaction had been to the Berkshires' Atlas . 'Er. O'Leary stated that he was unaware of :chat the reaction ,lad been. g; . 4{ Cleti pointed out that the Corm scion`s outdoor SDace a.nd Recreation. Plan could provide much of the information that ' r. O'Leary would be interested in. Jir:, =P,n ar t OURS"lienee hOL'1' iiiuCil Ofr'OrT'able --001" t:1his inven"to:y would 'oe . 7vir. O'Leary :.gain stated that, at tre present time Co,�rlscions here forced to go to many differe;rt places for in_'cr nation that could lie centr.lized in one place . 1 Minutes of 8/16/77 Page 2 • Cleti inquired what use the self-help funds would be put to r O'Leary replied that the in>_ti-1 project would be in developing more of a 7,vitle_r supply for the area. Jin _Rienh�,.rdt inquired hat sts.ge this project was at. Mr. O'Leary re- plied that 70.1' of the information needed h=d been collected. He further added that he felt the Atlas would be drafted :oy October and printed by February. It was the Consensus of the Commission that the , tlas res a worthwhile project and would receive the support of the Commission. Joe Antonelli will serge as the Commission's resoure.: person for the project. Mr. Durflinger was present to inform the Commission that work on his seawall by the City had yet to begin and that his garage was in "imminent dan- ger" of falling into the ocean. arc SosnOYiski explained that because of the Public 'forks garage the repair of the se . *.Malls had been pose one-i . Work was scheduled to begin or, this project in a few a'ee;:s and it was noted that lir. Fletcher had promised that 14r. Durflinger's wall would be the first worked on. 111r. Durflinger is to call the City Engineer for more information. Communications and Correspondence There will be a Mass . Tarn Tour sponsored by .ssey .g,2;e on f.ugust 25th. Joe • ntonelli is to attend. It was noted th�.t the developers of Pickering 'J(harf will be submitting _.. notice of Intent. It was also noted that !Ir. ,dhern of the Parks Commission will be submitting a notice of intent next. Spring in order to open the tidal gates of the Forest giver, Cleti Cervoni noted that she has ordered the envelopes for the Comdssion. A discussion was next .held on the position of Conservation Aide. It was suggested that Joe be at the office between 9-12 each morning, except for an emergency situation. Richard Norton suggested that this schedule be slightly varied to 4 aorniegs and 1 afternoon, or tiL t people planning to illegally fill could easily find out that the the Conservation Aide � would not be inspecting in the morning. There c,.. s a brief discussion on the possibility of the Commission purchasing an telephone answering machine. Joe is to obtain some pricer for such me chlne . Teti also suggested that each of the Commissioner t=ake the time to get together with Joe to discuss their arc.as of expertise. Joe qU s t'_oned why only black and u 1'1 to film had been used in f llmin. . vi.olations . .:e st-ted t t detail could be mo-Te easily xiscerned wit: color flim. Paul Willis s,_.tcd that ulz.ck and ..crit ph os, could be more effectively xeroxed for legal pu_^poses. Joe is to get e_ few roles of color film. _ _ - Minutes of 3/16/77 Page 3 Relevant to ;linter Island, C1eti informed the Commission that she had viewed the area because she had received a phone call st:a.ting that many • trees were being unnecessarily cut dorm. Cleti stated ta-t on viewing the prodect only Sumac and a few diseased trees were being taken dorm. Tile pipes in the area are being stored by Hydro-dredge . They are renting the storage area from the City. 'next discussed by the Commission *were comments to be issued to the Planning Board relevant to the Special Permit applications of Pic?nra.n Paris (cluster development special"permit) and Pie, England Power (Wetlands/Flood Hazard special permitj . The following comments will be forsariled to the Planning Board relevant to Picluaan Park: 1. It is our understanding that the conditions agreed to bet:;een the developer and the City form part of the documentation for the gre.nting of the permit, but it w%:s not enclosed. ,Ie are unable to comalete our comments until the conditions c:.'re available. 2. Section N of the Zoning Ordinance, Cluster Rescdential Development, re- quires submission of documentation of Section III B and Appendix A of the Subdivision Regulations but none of this has been included. We believe that this material should be submitted by the developer and reviewed by all City reviewing boards or departments . 3. The name or McKinley Road should be nna.nged as a read nearby off Hayes Road • is already so named. The naes of ror.ds in ger_erLl *,:'ould be better if based on City history or environs. 4. The developer should be required to place permanent bounds to enable the boundaries bet•;'een the proposed conserv=ation land and the development to conservation lards on the north and south of the development. 5. All land with conservation restrictions or other restrictions should be clearly labelled on the plans. The large elevated and highly visible open space surrounded by the Picitnan Road loco is not labelled as being under conservation restrictions or any restrictions,as ;ias previously agreed to. 6. The developer will be required to file a notice of Intent under the 1:1et- la.nds Protection Act ,q-ith the Conservation Commission in at least the following a.ppro;:ipr;.te locations . a . On PiCiaT:'-di Road from the proposed T)arking lot to Arnold Drive; b. For work on Arnold. Drive at the last two northerly lots. c . For .ror!' at the erd of wish .l7 and `/ariderarif Drives. d. For all ,.702':"_ v ithin 100 feet of lots I and 2 on the nCr th of the develoT melt . e. For all loc tio?s of discharge 7,o`_rts :with 1100 feet of a rretla.nd. 3elev='n't to "the Special Permit application of .glF,nd Po'n.^.'r it i:as the consensus of the Commission 'us concu-_ uith.thev*olan outlinCd in the . 0,0pli_C3 tioP. Page linutes' of 8/16/77 L Since Brad Northrup was not present, there ,;as no discu s.`_cn o the Con- servation Iz.nd Trust. Joe is to contact Bvd. in order to .certain ae progress being rude in the eSuablishmei:t o- a non-profit sW UAs -For laic corpov-tion. Discussion of the Current stat,U.s of the land -owncd by HeYiitt Construction Company on Clark St. which is under s. cease and desist Baas next discussed. The property has been viewed by ilarc and Joe. Joe reported that approxi- 701tely a dozen loads of stell and appliances, as well as tree stumps h've been dumped. Joe stated that he hz.d taken j pictures of the are:3 . He also noted that the dunping was adjacent to the street. it as suggested that Jack ?oilers be 'ta,T;en to see the property in order to ascertain if iewitt •riasi_n violation of City ord.ina:nces governing dumping. David Defoe noted that in the future cease and desists should be themed to include the ste..tement that the land should be returned to its original condition. It wigs noted. by Paul :Lillis that if a cease and desist is being violated, copy of the cease and. desist and proof of its violation should be brought iamedia.tely to Dill Tinti in order that a. Court ordered injunc- tion can be obt=ined. Jim Rieni.a.rdt reported to the Commission t'ne .results of the latest ?egion_l CZr: "eeting. His minutes of that meeting are a.tF�=ched to the end of these minutes . • ;i_ra noted -let-jal Salem is Drell covered in the listed. critic .l areas of t -region. fie also stated that because of the importance u1'i has attached to both the Harbor Islands and Forest River they *.mild be willing to offer Planning and technical assistance as well as help in funding endeavors. Jim also proposed that the Coiulission and CZii co-sponsor a. Public cork- shop which could discuss the City's role in CZ :. .Invi�.tions would be sent to various City agencies, officials and fellow ConComs of the lower orth Shore. A motion -vias mode by Jim Rienhardt and seconded by Paul Tiflis that the Salem ConCom and the CZ?4 staff co-sponsor a workshop which would outline the Commission's work as well as the scope of the CZf plain and its effect on the Lower Aiorth Shore . The vote was unanimous and the chiix"ri=n declared the motion carried. Jim also mentioned that the CZii plan is expected to be implemented by February 1973. lkt that time 1.2-1.4 million dollars .will be available for implementation. The Commission next discussed the Order of Conditions for Robert Ca -naarda's land on Valley at. It was theconsensus of those pi,esent that Mr. Ce.=arda be given to iovember, 1977 to complete the work outlined. in addition any soil that is to be removed is to be placed in the area that is alreedy.filled. tinutes of 3/16/77 Dine 5 • compl int h.,s been rece ved ti-kat there is - highly disagreeable odor roming from the site oz the :Ihite "atrect '�rina,. Joe is to investi .te. this . Respectfully submitted, 1` L Uomervatio onion Salem. Massachusetts 01970 F. '/.71:1Sti DC ML4UTES OF MELDING - September 6, 1977 The Conservation Commission met at One Salem Green on Tuesday, September 6, 1977 at 8:15 P.M. Commission members attending were: Mary Ellen Pelletier, Brad Northrup, James Rienhardt, David DeVoe and Paul Willis. Commission Members not attending: Brian French and Cleti Cervoni Ron Callivani of 19 Clark St wa.s present to express his concern relevant to the dumping on the land owned by the Hewitt Construction Co. on Clark St. Mr. Callivani explained that since the -initial filling and dumping by Hewitt Cnrst-ruction Co., there has been additional dumping by various passers by. ;-r. Callivani questioned the effect of the Cease and Desist issued by th3 ConCom and what further action the Co Cc plans. Joe Antonelli showed the Commissioners pictures he had taken of the debris on the property. Paul Willis remarked that at least part of the fill placed on the property came from the sewerage. project. Joe is to check with Hewitt Construction Co. as to when they are going to comply with the Cease and Desist. In addition Joe informed the Commission that he • Has written a. letter to Colin Cameron advising him of the potential health hazard resulting from the dumping on the lot on Clark St. Joe is to follow up the letter to Mr. Cameron with a phone call. It was the consensus of the members present that a public hearing, be held on September 13, 1977 at 7:30 P.M. to consider the Notice of Intent of the Salem Park Board, 'North St., to develop a. recreational area. entitled "Kernwood Park" on Kernwood St. The impacts of construction of a parking lot and paved shoreline wall: will be explored at the hearing. it was the consensus of the members present that, a public hearing be held on September 13, 19(7 at 8:00 P.M. to consider the Notice of Intent of Heritage Trust 1I, 206 Essex St., Salen, Massachusetts, to work in Salem Harbor. The impacts of reconstruction of seawalls and attendant dredging at Pickering Wharf, 197 Derby St. will be discussed at the hearing. Brad Northrup spoke to the Commission of the Salem land Trust, It was noted that the annual meeting of the 'Trust will take place after the public hearings of September 13th. Brad explained that in response to the inquiry of the internal Revenue Department, a signed cony of the Trust's bylaws and a budget ;:or .$300 for the next two years was fortrz.*ded to them. Brad informed the Commission that Brian had received notification from Internal Revenue that the Trust has received nun-profit status. • Minutes of 9/5/77 Page 2 Joe reported on the Mass. Farm Tour that he attended. He informed the Commission that 600 people had attended and that various representatives of • the Federal government expressed concern relevant to the vanishing farm- land of New England. A discussion was next held as to the feasibility of the Commission purchasing a telephone answering device. Joe informed the Commission that he had priced two of these devices at $149. and $159. David DeVoe advised that the answering device from Sears would provide a convenient servicing agency. A motion was made by Paul Willis and seconded by Brad Northrup to authorize +he purchase of an electronic answering device not to exceed $160. in cost. The vote w .s unanimous and the Chairman declared the motion carried. Mr. Cappuccio was present to inform the Commission that he had visited the ConCom office on August 19, 1977 with several questions concerning the proposed ditch along (adjacent) to his property line. The questions are as follows: 1. Can the ditch hangle all the water; have there been calculations made. 2. There has been nothing mentioned about grading on both lots. 3. Once new Catch basins have been put in, will the drain covers be removed (old ones) . 4. Does the State have to be notified about the proposed work. Mr. Cappuccio �ra.s informed that Anthony Fletcher aid the calculations necessary and found the plan satisfactory. He was also informed that • the DEQE receives a copy of the Order of Conditions. Brian French is to be asked for further information relavant to this issue. A brief discussion was next held releaant to Juniper Cove. Some con- fusion was expressed as to the reason for a proposed inspection of the site. David DeVoe reviewed the history of Juniper Cove relevant to SF,SD. David pointed out that after the original public hearing the Commission had for SESD the resulting Order of Conditions were never sent out. Brad Northrup pointed out that the work being done by SESD has been exempted from the 'Wetlands Protection Act. it was the consensus of the Commissioners present that since Brian French had been originally contacted relevant to current activities of SESD in Juniper Cove, any action by the Commission should be delayed until he returns. Jim next spoke to the Commission of the proposed CZM workshop. After outlining the draft he had prepared for the workshop, he informed the Commission that he had not heard from the CZM staff as of yet. He will be contacting them soon. After a brief discussion it was the consensus of the members present that the film Off Shore/On Shore be shown on September 27th at 7:30 P.M. Jim suggested teat a press release be prepared to advertise the movie. Joe is to check if the function room of Salem Five Cents Savings Bank can be used for the film. Brad Northrup informed the Commission that Peter Merry has been selected as the lawyer to represent the City in the land acquisition negotiations • for the proposed Forest River Conservation area. P4inutes of 9/5/77 Patre 3 • Brad informed the ConCon that there would be a neeting next Friday at 3:00 P.M. with vivid. Lash and Nancy Kapis to discuss the B02 and Self-Help fund applications relevant to a use plan for the Forest River Conservation Area.. The meeting :gas adjourned at 9:45 P-M- Respectfully submitted, • • y�� �a -t� ��y,,�p�-,yam y�yq g�, r�firn Ii t�.9'+`'d. 1� ''�+19i11111�Y;i 'i.Y batt°�a:. 1��a�sacla:setts 01970 WETIANDS HEARING Heritage Trust September 13, 1977 (These minutes have not been voted upon by the Conservation Commission) Commission Members Present: Brian French, Mary Ellen Pelletier, Cleti Cerrooni, James Bienhardt, Paul Willis, Bradford Northrup, David Devoe Also Attending: Michael Zdonowicz, Gertrude Zdonowicz, Thomas Zdonowicz, Alexander Tourna.s, Stephan Zdonowicz, Dolores Jordan, Donna Nicholas, Fernandez, Ruth Sarrabel, Julia Sygowski, Barry Plunkett, Philip Briggs, Arthur Collins The public hearing to consider the Notice of Intent of Heritage Trast II, 205 Essex St., Salem, Mass., to work in Salem Harbor was opened by Chairperson Mary Ellen Pelletier at 8:04 P.M. Following the readir;; of the ad placed in the Salem Evening News on September 8, 177, Ms . Pelletier • read a letter received from Esther Stevens on September 13, 19?7 at 12:30 P.M. Attorney Stevens stated that the date set for the hearing was Rosh :Hashanah and people of the Hebrew faith would be unable to attend. A brief discussion was held relevant to extending the hearing to September 20, 1977 to allow for any additional comments to be made. Attorney Plunkett, representing the. developers, explained that his clients wish to reconstruct the seawall, build slips and dredge at their property at 197 Derby St. Attorney Plunkett added that the necessary permits from the Army Corps of Engineers and the Division of Waterways are pending. Philip Briggs of Add Inc. explained that Heritage Trust wishes to re- build the seawall from where it is now to the property owned by the Federal Government. Dredging will be done on the edge of the pier and will consist of approximately 500 cubic yards of silt. The developers wish to dredge the silt to lZ feet below mean low :rater. Brad Northrup questioned the construction of the floating dock. Mr. Briggs explained that they would be wood piles with styrofoam floats with wood ramps to the dock. Brad Northr^ap also inquired whethar the developers will have gasoline on the site. Mr. Briggs stated there would be underground fuel storaga . He added that it has not been decided at this time wh'=t fuel sto�age CaU city would be, but he gave an approximate estirate of 5000 gallons. Pauli Willis questioned the proposed anchorage of these tanks. Mr. Collins • stated that they would be fiberglass tanks, stee=l. banded and anchored it, slab concr: te . Mr. Briggs added that the process o_ anchoring r s a. Heritage Trust Page 2 standard detail and he foresaw no problem with effectively accomplishing it. He also stated that information about anchoring of the tanks is not • required by the Army Coxes of Engineers or the State of Massachusetts. Brian French asked where the tanks would be located, Mr. Briggs answered that they would be in an open area away from the buildings and 20 feet from the water. Brian French suggested that the vents be placed 'nigher than the 100 year flood elevation level. Dolores Jordan questioned 'now long it would take to complete the work described. Mr. Briggs sated that it would take six months to complete. Brian French questioned when construction would begin. Mr. Briggs replied that the drawings are out to bid and that they expected to obtain the permits from the Army Corps of Engineers and the Division of Waterways in 3 or 4 weeks. If this happens then work could begin in 4 or 5 weeks. Attorney Stephens representing the Zdonowicz brothers questioned why the area was no longer open for public use. Mr. Collins explained that up to four weeks ago it had been, but access has now been curtailed to protect the public and the property during the construction phase of the development. He added that in the future there will be public access. Attorney Stephens stated that her clients and Heritage Trust were in court at this time relevant to the eviction of the Zdonowicz brothers from the said property. Attorney Stevens stated -that she felt the Con • servo tion Commission should be concerned with preserving the are as a. natural resource for the future. She questioned whether fishing would be allowed in this area. Brian French read the portion of the Wetlands Protection Act, Chap. 131 Sec. 40 dealing with the areas covered by the Act. He stated that he questioned whether the issues raised by Attorney Stephens were relevant to the Act. She stated that she did not think that the owner- ship of the land had been clearly established and that a court decision relevant to this was pending. Attorney Plunkett informed the Commission that Judge David Doyle of the First District Court of Essex County had handed do-.in a decision that Heritage Trust is "the owner of the premises in issue in fee simple by decree of the land Court, Certificate of Title #45958 originally registered October 14, 1900. The Court finds further that the defendants in this action have no possessory rights in the area in issue either as tenants, by adverse use or otherwise." Attorney Stephens replied that this decision -was being appealed. Attorney Stephens next questioned the date of the hearing, as it falls on a .Jewish Holiday. Mary 'Alen Pelletier replied that she had. spoken to City Solicitor Bill Tinti and that he had stated that it is s a legally posted hearing' that all City departments had been operating • Heritage Trust Page 3 that day and that it would have been illegal to cancel the meeting. • She further pointed out that Attorney Stephens' objection had not been received until today at 12:30 P.M. and that her letter had been the only objection to the date of the hearing. James Rienhardt stated that the minutes of the hearing would be avail- able at the next -regular meeting of the Conservation Commission. Attorney Stephens stated that that would still prevent people from having input on this issue. Brad Northrup questioned what "fishing areas" Attorney Stephens was referring to. Attorney Stephens explained that her clents could not transport their fish from their boat to the street because a chain had been placed across the previous access route by the owners of the property. Attorney Plunkett reiterated that the property was private property and not public. Attorney Plunkett added that the developers ,".ave informed the Zdanowicz brothers for a year and one-half that they would have to vacate the premises during construction. The eviction had been served on September n, 197?. Brian French stated that the impact to the environment of the work planned appeared to be minimal . The only justification for extending the hearing would be to allow the Zdanowicz brothers to testify relevant to the Wetlands Protection Act. Brian French also stated that the right of • public access to the property is not a concern under the Wetlands Protection Act and that only physical changes and the effects are to be considered. Attorney Stephens repeated that the decision handed down by Judge Doyle is being appealed and that the land court case is still pending. -Brad Northrup pointed out that the ownership of the land was not relevant to the Wetlands Protection Act because the Order of Conditions would be attached to the land not the owner. Attorney Stephens stated that if construction is allowed on the seawall then it will affect access. Attorney Plunkett asked Attorney Stephens if her clients, the Zdanowicz bothers, were present at this hearing. She replied affirmative and the brothers were then, introduced to the Commission. Mary Ellen Pelletier stated that since the brothers were present, they could give imput without extending the hearing. She pointed out that there had been no other objections to the hearing date . Attorney Stephens said that her clients chose not to discuss anything at this time. • Heritage Trust Page 4 Ralph Hobbs stated that he found nothing objectionable in the proposed • work. Iie felt it would not injure the ecology of the area and would greatly improve the area. Brian French stated that the application for the hearing was complete and that the ConCom had all the necessary information and that the Commission could not require the hearing to be extended unless the applicant concurred. Brian French asked Mr. Collins if he had any objections to extending the hearing to September 20, 1977 as a courtesy to the public. Mr.. Collins replied that the developers were agreeable to this. Mr. Hobbs added that the Zdanowicz brothers had been offerred dockage at Central Wharf for an unspecified time period. Attorney Stephens replied that an "unspecified" time period is not acceptable. Brian French made a motion that the Hearing for Heritage Trust be extended, with permission from the owner, to September 20, 1977 at 7:30 P.M. , One Salem Green, Second Floor. The motion has seconded by Brad Northrup and the vote was unanimous. The Chairman declared the motion carried. Chairperson Mary Ellen Pelletier declared the hearing closed at 9:3.5 P.M. • Respectfully submitted, • Conservaton Commission �ale3n. �'Iass:�chusetta � Conservation Commission Agenda - September 20 , 1977 1. Approve minutes of previous meeting. 2. Correspondence and Communications. 3. Old Business a. Orders of Conditions - Kernwood Park. b. Hewitt Construction Co. Update. c. Coastal Zone Management • Film and Workshop d. Forest River 4. New Business a. Special Permit - Pickman Park b. Derflinger sea wall. c. Notth River - Mrs. Cole d. Financial Report • Conservation Commission • Salein. Massachusetts 01970 Minutes of Meeting - September 20, 1977 The Conservation Commission met at One Salem Green On Tuesday, September 20, 1977 at 9.15 P.M. Commission members attending were: Cleti Cervoni Mary Ellen Pelletier, Brian French, Jim Rienhardt. Commission Members not attending: David DeVoe, Brad Northrup and Paul Uilis. The Commission was informed that the first regular ConCom meeting for October could not be held on October 4th since that was the date of the primaries. It was the consensus of those present that the meeting date be switched to Monday, October 3rd at 8:00 P.M. The building inspector's office will be informed of the change. In reviewing the correspondance, Jo@.Antonelli noted that the Peabody Con Com had held a Wetlands Hearing relevant to Spring Pond. Joe is to request a copy of the Order of Conditions resulting from that hearing. Brian stressed that the Order of Conditions should be received within the 10 day appeal period allowed by the Wetlands Protection Act. The Commission next considered a Coastal Environment seminar being offered by the Cooperative Extension. Joe explained that it would meet once a week on Tuesdays from 3:30 to 5:30 P.M., and that he was interested in attending. Also discussed was a fellowship at Tufts. After a-brief discussion a motion was made by James Rienhardt and seconded by Brian French that Joe Antonelli attend the seminar being offered by the Cooperative Extension. The vote was unanimous aid the Chairman declared the motion carried. Cleti informed the Commission that the 208 Water Quality report for the North Coastal Basin has arrived. The meeting to discuss the comments to this report will be held on September 26th at 8:00 P.M. at One Salem Green. Cleti will attend this meeting and encouraged other members to attend also. Brian French informed the Commission that there will be a meeting of the Ipswich River Watershed Association on September 22nd at 8:00 P.M. Brian is a Director of this Association and Cleti is the Commission's liasson person. Mary Ellen Pelletier informed the Commission that the Fall meeting of the MACC will be Saturday, October 29th at 1960143W4 High School. Interest in attending this meeting was expressed by several Commission members. • , 46 Meeting of 9/20/?7 Page 2 Joe Saraceno spoke briefly to the Commission of information relevant to • the Wetlands Hearing which was held for Heritage Trust. Councillor Saraceno explained that the sea wall in question was in existence "before the Wetlands Protection Act or the Zdonowicz Brothers". Councillor Saraceno informed the Commission that he has spoken to the Army Corps of Engineers and the Division of Waterways and his understanding is that If the waters were at one time navigable, they must remain navagable. Councillor Saraceno suggested that the Commission contact Bill Tinti for a legal opinion on this matter, but that his understanding was that If any waters that were navagable at one time were filled by silt causing a change of course of the waterways, than dredging is allowed in order to correct the situation. The Commission next considered the Order of Conditions for Kernwood Park. A motion was made by Brian French and seconded by Jim Rienhardt that the following special conditions be placed on the Order of Conditions: a. All work will be done in accordance with the site plan prepared by Robert Charles Associates as modified and submitted by Mr. Charles Quigley. B. All construction equipment and surplus material shall be removed from the site following construction. The vote was unanimous and the Chairman declared the motion carried. Joe Antonelli reviewed the activities of Hewitt Construction Company on their property on Clark St. Joe informed the Commission that after • calls Hewitt Construction Company, Colin Camerson and George Vallis (attorney for Hewitt) an inspection was made on September 16th by Messrs. Hewitt and Cameron. In speaking to Mr. Vallis relevant to this situation, Joe informed the Commission that Attorney Vallis agrees that a hearing will have to be held relevant to the filling on Clark St. Attorney Vallis informed Joe that Mr. Hewitt is doing demolition elsewhere and is filling his land on Clark St with dirt and crushed stone. Attorney Vallis also stated that it is Mr. Hewitt's intention to level off the lot and that in so doing he will alleviate the unsightly mounds already deposited there. In addition Attorney Vallis stated that Mr. Hewitt has not been dumping rubbish-or refuse there and that other persons are using the lot as a dumping area. Attorney Vallis also questioned the designation of the lot as a wetland area. There will be further communication between Joe and Messrs Vallis and Hewitt once the report for the Health Department is received. Joe is to contact Jack Powers relevant to any possible violations the Building Inspector's office can act upon. Joe next informed the ConCom that one-half of the memos relevant to the showing of Offshore/Onshore have been sent out. Tomorrow he will send the rest of the memos to the candidates running for election, Councillors and the Habormaster. He also noted that press releases were sent to the Weekend Magazine of the Herald American, Boston Globe. Calendar, Morth Shore Sunday Times, the local papers in Danvers, Peabody, Lynn and Salem, • as well as WESX and WMLO. Joe also stated that he had not heard from any state officials relevant to their attending. He also stated that the film Meeting of 9, 20/77 Page 3 • projector and operator: is to be supplied by the High School. Mary Ellen stated that coffee forthe film showing would be from Bonanza and cold drinks from McDonalds. Jim Rienhardt is to make the opening remarks. Relevant to the Heritage Trust hearing, Brian suggested that further discussion be held before the Order of Conditions were voted on at the next meeting. Brian suggested that Commission members meet at his house on Monday night for further discussion. It was the consensus of the members present to meet at,-Brian's house on Mon. Joe is to notify Brad Northrup, David DeVoe and Paul Willis of this meeting. The Commission was informed that Mr. Durflinger has been told by Tony Fletcher that he will not be able to repair his seawall. Mr. Durflinger's ward councillor, George Nowak, will be informed of this. The meeting was adjourned at 10:30 P.M. Respectfully submitted, i • i J Conservation CAommissi®n Salem. Massachusetts 01970 �'� ynssnc•�` -� / 7/ AGENDA 1. Approval of the minutes for September 2 . Correspondence and communications 3. Update of Hewitt 4 Hank 0 5 . CZM & report on the movie 6. Open space and recreation plan 7 . Ingemi • 8. New Business .gN°N CO 41 t Conservation Commission " Salem. Massachusetts 01970 'Fid dl:Is4.�C�`VM Minutes of the Meeting---October 18, 1977 The Conservation Commission met at One Salem Green on Tuesday, October 18, 1977 at 8:10 P.M. Commission members attending were: Cleti Cervoni, Brian French Paul Willis Ma Ellen Pelletier,tier, James Rienhaxdt and David DeVoe.. Commission members not attending: Brad Northrup The Commission was informed that the fall meeting of the 14ACC will be held on October 26, 1977 at Btockton High School. Joe Antonelli is to contact the Commissioners relevant to who will be attending. A motion was made by Brian French and seconded by Paul Willis to accept the minutes of September 20, 1977 as corrected. The vote was unanimous and the Chairman declared the motion carried. A motion was made by Paul Willis and seconded by James Rienhardt to • accept the minutes of September 6, 1977 as written. The vote was unanimous and the Chairman declared the motion carried. A motion was made by David DeVoe and seconded by Brian French to accept the minutes of the Wetlands Hearing for Heritage Trust as corrected. The vote was unanimous and the Chairman declared the motion carried. Joe informed the Commission that the Cooperative Extension program is conduction seminars dealing with coastal zone problems during October, \ November and December. Joe next informed the Commission that two high school students have been selected by their Student Council to attend future ConCom meetings. Their names are Terry Grant and Linda MaRlgr. It was noted in the Beverly Times that the Town of Ipswich has been having trouble with hunting in their area. Paul Willis suggested that a letter be written to the Salem Marshall and the Salem Evening News relevant to this issue. Brian French noted that there were certain areas in Salem where hunting is allowed. A motion was made by Jim Rienhaxdt for a vote of confidence for the letter Paul Willis is to write concerning hunting in Salem. This motion was seconded by Cleti Cervoni and the vote was unanimous. The Chairperson declared the motion carried. Minutes of Meeting 10/18/77 Page 2 • The Commission was informed that Robert Carmarda has started correcting the drainage problem on his property on Valley St. The catch basin on his property has been cleaned out and the remaining work should be completed.in the next few weeks. Mr. Carmarda has invited the Commission to view the work being done. Joe Antonelli will view the property. Brian French has received a phone call from Mrs. Cappuscio stating that she is pleased with the work being done on the Carmarda land. Cleti reported on the meeting she attended relevant to the 208 water quality program. Cleti stated that she and Anne Pelletier were the only people from Salem at the meeting. Cleti informed the Commission that peole representing the 208 water quality program were unaware of the wetlands mapping of Salem, as well as the Wetlands/Flood Hazard zoning that has been recently initiated in Salem. Joe Antonelli stated that since the death of Colin Cameron, Walter Sobinski has reissued Colin's letter to Hewitt Construction Co. Joe informed the Commission that the "mounds of dirt" that had previously been placed on the land have now been leveled. Brian suggested that Joe speak to Bill Tinti relevant to the illegal filling of this property. Joe replied that he and Bill Tinti are to meet in the near future to discuss several properties of interest to the Commission. Joe also stated that he will be speaking to Messrs. Cogin and Powers relevant to the illegal dumping by Hewitt Construction Company. • Brian French asked Joe to also speak to Bill Tinti about the length of time it is taking to get to court relevant to the wetlands violation of Mr. Ragone. Brian questioned the current status of the cease and desist issued to the town of Swampscott and Carpenter & Costin. Joe replied -that-he has been unable to view the property up to now, but would in the near future. Brian also suggested that he speak to Bill Tinti relevant to this property. Joe informed the Commission that Henry O'Donnell has submitted plans for the repair of his crumbling sea wall. Joe is to phone him and ask him to submit a Request for Determination with the plans. Jim Rienhardt reported to the Commission on the latest developments with the Coastal Zone Management Plan. Jim informed the ConCom that various oil and industrial interests have influenced the State Legislators to reconsider the worth of the CZM Plan. As a result of this development, the Department of Commerce has withheld their approval of the plan until more information has been reclived relevant to its effectiveness. Jim also stated that Evelyn Mmrphy is planning to meet with each of the State legislators to more fully explain the proposed CZM plan. There will be an additional public hearing on the CZM plan for the Lower and Upper North Shore on November 14, 1977. Jim has also received the CZM draft of thtir Environmental Impact Statement. • 1 Minutes of Meeting 1OA8/77 Page 3 • David DeVoe informed the Commission that he received a phone call from Nancy Anderson of the MACC relevant to the public hearing being held by the State Ways and Means Committee. Nancy expressed concern that the portions of the Capitol Outlay Budget pertaining to self help funding and Urban self help, amounting to 10 million dollars, might be cut. Various members of the Commission spoke to Mike Ruane's office voicing their support for these budget items and urging that they remain intact. Jim Rienhardt spoke at this hearing for the Department of Interior in support of these budget items. Jim also stated that he spoke to Mike Ruane and that Representative Ruane had been unaware of the use Salem was making of the self help funding. Jim added that he has signed a petition being circulated at the hearing supporting these Budget items. David DeVoe added that Rep. Ruane had called him after the hearing to Inform him that the Committee Chairman of the Ways and Means Committee sets the agendas for their meetings. Rep. Ruane stated that if the Chairman does not bring up the budget items in question, then they will probably remain in tact. Brian French informed the Commission that he will be calling Bill Tinti to set up a meeting between the Commission, the Waterways Advisory Board, members of the City Council and the Mayor relevant to the . proposed aczuision of the unoccupied Harbor Islands by the ConCom. Brian hopes to schedule this meeting for next week. Brian spoke to the Commission of the recent public hearing for Pickman • Park. Brian requested that he receive a copy of the covenants agreed upon by the City and the developers relevant to this proposed develop- ment, as well as the Environmental Impact Statement. In reading the Conservation Restrictions for phase III of the proposed development agreed upon by the Planning Board and the developers, Brian expressed concern over the portion of the restrictions outlining the enforcing procedures of the conservation restrictions. As these restrintions are noir written, the ConCom is.allowed only to respond to complaints made not to periodically inspect themselves. Brian is to attend the next Planning Board meeting to further discuss these restrictions. In speaking of the upcoming Ingemi hearing, Joe stated that he has been informed by the Division of Waterways and the Army Corps of Engineers that they are unable to assist the Commission until an Order of Conditions is issued. It was the consensus of those present that when the Order of Conditions is written that it contain two broad solutions for Mr. Ingemi to pick from. Joe suggested that Peter Holman be invited to attend the hearing. After a brief discussion, it was the consensus of those present that the Commission should encourage more press coverage of its activities. Joe asked that Commissioners check their files to see if they have any material that should be in the Commission's Central File. • The meeting was adjourned at 10:10 P.M. Respectfully submitted, Conservation Commission ' Salem. Masaachusetts 01970 Minutes of the Meeting - November 1, 1977 z The Conservation Commission met at One. Salem Green on Tuesday, November 1, 1977 at 8:05 P.M. Commission members attending were: Cleti Cervoni, II4�rtyyQjyl�tg $&l�le�i�ry James Rienhardt, Brad Northrup, and David DeVoe. Commission members not attending: Brian French and Paul Willis P'1R{LY F_LLS.N PF L-cC,5n, 6 Walter Leszczynski and Louis Longo from the Department of Public Works (DPW) were present to explain a proposed drainage project behind Stop and Shop. The DPW proposes to run a 54 inch reinforced concrete pipe to a pond owned by Hyman Marcus behind Stop and Shop and .then down Chandler St. to another pond near the tidal estuary of the Forest River. It was the opinion of Mr. Leszczynski that this pipe will relieve the flooding that now occurs in the area of Vinnon Square and Highland Ave and cause the water to go in one spot. • Brad Northrup asked when the DPW would like to start this work. Mr. Les- zczynski stated that it would probably be scheduled for the Spring. It was also pointed out that this project would_accomodate future development of the area. Brad Northrup pointed out .that the Commission's main interest in this project is the quality of the water going into the Forest River. Mr. Leszczynski pointed out that the surface runoff from this area was already draining into the Forest River. Brad questioned if the proposed runoff would go directly into the Forest River or into the marshland also in that area. Mr. Leszczynski stated that he wasn't sure, but that the pond nearer the Forest River had been a gravel pit originally"and now was in the cat of nine tails stage". He also pointed out that if this state funded project were held up because of various City board's, then the City would "loose this gift" from the state. Brad Northrup stated that he felt the route of the piping should be viewed by Joe Antonelli in order to ascertain the possible effects on the Forest River. David DeVoe stated that if the second pond had been a gravel pit then there would be .leaching before it entered the river. Jim Rienhardt asked how soon a decision has to be made relevant to this pro- ject. Mr. Leszczynski stated that they would like to submit the plans to the state in a few weeks. Minutes of 11/1/77 _ Page 2 Brad Northrup questioned whether the Wetlands Protection Act would apply . to this project. After a brief discussion, it was the consensus of the Commission members present that Joe call Bill Tinti to discover if Public Works projects are exempt from the Wetlands Protection Act. Joe is also to ask Staley McDermet if the DPW has to file for a Wetlands/Flood Hazard Special Permit from the Planning Board. Mr. Leszczynski was of the opinion that these procedures could be circumvented. Joe will view the area of the proposed work.with Waltertomorrow morning. A motion was made by Bradford Northrup and seconded by James Rienhardt to approve the minutes of the meeting of October 18, 1977 as corrected. The vote was unanimous and the Chairperson declared the motion carried. Theresa Grant of 4 Cliff St. and Linda Marler of 2 Grove St. were introduced to the Commission as the two representatives from Salem High School who will be observing the Commission meetings. Correspondance and Communications Jim Rienhardt has received a thank you note from Kevin Harrington relevant to his testimony on the Capitol Outlay budjet Mems. There will be a CZM Public Meeting for the Lower and Upper North Shore area on November 14th at Essex Aggie. Jim Rienhardt will attend. -Jim-Rienhardt spoke to the Commission of the MACC conference he'attended • on October 29, -1977. Jim stated .that one session he attended concerned the coming water supply crisis. Jim added that the main thrust of this session was to make people aware of the problem. Jim stated that he has also obtained information relevant to the changes in . ' the selection process of the Self Help program which he wishes to be forwarded to David Lash of. the Planning Department. Jim pointed out that the self help program will now be.weighted to favor urban areas. Jim also stated that this Urban Self Help program which would stress parks and recreation rather than just open space is now before the legislature. `. In talking to Michael Ruane at the meeting, Mr. Ruane expressed concern that the chances for passage for the total budget allocation for the self-help funds "does not look good" at the present time. Jim also requested that Joe obtain a copy of "A Guide to the New Mass.' Zoning Act" by Alexander Dawson. Jim attended the session at th.: MACC meeting dealing with "How to Protect you Resources" led ty Ale,candei Dawson. Joe Antonelli repor_ed that Bob Carmarda has finished the drainage work on his propert- on Valley St, and has requested a Certificate of Compliance from the Commission. Joe also noted that a phone call has been received from Mr. and Mrs. Cappuccio stateng that they are "pleased" with the work • that has been done. It was the consensus of the Commission that a Certificate of Compliance be issued. Minutes of 11/1/77 Page 3 • Joe also noted that , it Construction Company went before the Board of Appeal and that the Board tabled further action on Hewitt's request for a variance until their November 29th meeting. The Board of Appeal is to check with the Planning Board and ConCom relevant to their objections to the proposed variance. Joe is to check with the Fire Department relevant to the combustibles. that have been vuried on the property. Joe also informed the Commission that two more loads of fill have been dumped on the property in violation of the Cease and Desist. Joe stated that he t}as contacted Bill Tinti relevant to obtaining an injunction. Bill transferred ./the case to Peter Merry who has not returned Joe's calls. Joe is to con- tact Peter Merry and ask that he speak to George Vallis. Joe also informed the Commission that he has spoken to Peter Homan who has agreed to give the Commission some news coverage if he is given notice of the meetings or hearings in advance. Joe next stated. that Patrick. Gibney. still wishes to dorate land of his on Leach St, to the City. Mr. Gibney was not present to discuss this further so discussion was tabled until he could attend a meeting. The land in question is beach property and was brought to the Commission's attention at the ConCom.meeting of Nov. 8, 1976. At that time there was some disagreement as to .ownership of the property in question. Jim Rienhardt reported to the Commission current developments relevant • to CZM. Jim reported.that the Massachusetts Legilature has held up approval of the CZM Plan. The Legislature will be holding public meetings for the next thirty .days. seeking. public reaction to the proposed plan. The meeting for the Lower and Upper North Shore will be held on November 14th. On Nov. 30, the legislature will.either endorse or not endorse the Plan. The major question the legislature seems to have at the present time is whether Evelyn Murphy has the power to implement the plan without legislature approvals The main concern seems to be where the authority lies for expenditures. Jim also stated that Ms. Murphy has agreed to address the proposed work shop the ConCom is planning to hold on the CZM Plan. However, the State officials do not want to,have the workshop before the question of the cus- tody of the harbor islands has been decided. Joe Antonelli is to call Mr. French relevant to the status of the proposed ConCom custody of the Harbor Islands. The Commission was reminded that the Wetlands Hearing for Mr. Ingemi will be on November 15, 1977 at 7:30 P.M. Joe informed the Commission that the phone mate has been ordered and will arrive soon. The meeting was adjourned at 9:30 P.M. • Respectfully submitted, l CIUN Cp,� Jl, l Conservation Commission • (� Salam. Massachusetts 01970 ,:as�,ncl MINUTES OF MEETING ----------- November 15, 1977 The Conservation Commission met at One Salem Green on Tuesday, November 15, 1977 at 7:35 P.M. Commission members attending were: Mary Ellen Pelletier, Cleti Cervoni, Paul Willis, David DeVoe and Jim Rienhardt. Commission Members not attending: Btian French, Brad Northrup Chairperson Mary Ellen Pelletier decared a quorum present and the meeting in session at 7:35 P.M. A motion was made by Cleti Cervoni and seconded by James Rienhardt to accept the minutes of the meeting of November 1, 1977 as corrected. The vote was unanimous and the Chairperson declared the motion carried. It was noted that the Board of Appeal is now sending the Commission their minutes. The Board of Appeal will be added to our mailing list. Joe informed the Commission that the Massachusetts Conservation Council has given an award honoring Representative Hatch of Beverly Farms. Joe has written a letter to RepresentativeHatch congratulating him on behalf of the Commission. A letter has been received from Mr. Roderick stating that there are some dead trees behind the playground off Wilson St at the High School which he would like to have permission to move. David DeVoe stated that he could see no objection, but that he did not think it was something that the Commission should vote on. Cleti Cervoni stated that since these trees may be located on the nature trail, they should not be moved. Joseph Antonelli is to "pinpoint" the location of the dead trees. Joe noted that GTE Sylvania located on Boston St. has requested a permit from the Division of Water Pollution Control to discharge non-contact cooling water. This permit would require the applicant to monitor the quality and quantity of the discharge. The public comment period for this proposed permit is from Nov. 25 - Dec. 27, 1977 Joe is to send members of the Commission copies of a memo written by David Lash relevant to the avalibility of grants. Pat Gibney was present to discuss the beach property. on Leech St. Mr. Gibney explained that controversy relevant to this beach had started in 1966. Pat further informed the Commission that before 1966 it was a "clean beach". Filling of the beach started in 1966 and was accomplished by the City. He added that CETA workers had been observed on October 20th dumping cement on the land. Pat stated that he is the.:taxpayer Minutes of Meeting 11/15/77 Page 2 for the property and that he wishes to donate it to the City, but he wants it cleared out so that it will be a usable beach again. Pat added that Mr. • LaBlanc is also willing to relinquish any rights he feels he has to the property if it is donated to the City. Pat concluded with the statement that "there is no question that I own the land and that if donated, it must be cleaned up:" When questioned whether he had spoken to the City Engineer relevant to the dumping, Pat replied that he does not have the time anymore to pursue this and that the Commission should speak to Tony relevant to this. David DeVoe asked if the Commission could borrow the photos taken of the beach during the past 10 years.. David also stated that the Commission would speak to the City Engineer. Mr. Gibney added that if the City does not clear the beach then the people in the neighborhood will. A motion was made by Cleti Cervoni and seconded by David DeVoe that the regular meeting of the ConCom be temporarily adjourned so that the contin- uation of the Public Hearing for Mr. John Ingemi could be opened. The regular meeting will continue after the Public Hearing. Chairperson Mary Ellen Pelletier called the continuation of the Public Hearing for John Ingemi open at 8.12 P.M. Mary Ellen opened the hearing by reading theletter of October 12, 1977 that was written to Mr. Serafini outlining what would be expected of his client at this public hearing. • Mr. Serafini stated that at the June continuation of the public hearing.it had been proposed that a joint meeting between Messrs. Ragone, Ingemi, representatives of. the City and the ConCom would be held to consider the total pollution. of the area. Mr. Serafini stated that at a later ConCom meeting this procedure was reconsidered and and a letter was written in August informing Messrs. Serafini and Ingemi of this. Attorney Serafini pointed out that Mr. Ingemi's land is upstream from the site of the former incinerator. He added that when the consultants hired by Mr. Ingemi took samples coming from the City land, they concluded that the City of Salem was contiributing as much to the pollution of the area as Mr. Ingemi. Attorney Serefini expressed disappointment that the Commission reversed their position without the knowledge of his client. Attorney Serafini stated that if he had been informed that the ConCom was considering "changing the agreement of the previous public hearing" the consultants hired by Mr. Ingemi could have been present to substantiate their findings of pol- lution from the City owned land. Attorney Serafini stated that if this case was brought to court then the City would also be brought in. Mary Ellen questioned why the City would be brought in. Attorney Serafini stated that "on the basis of engineering evidence that indicates that the City Is responsible for more of the pollution of the area." Attorney Serafini also stated that he has spoken to New Eggland Prolerized and that they refused to tell him where prolerized material was now being disposed of. He suggested that a State agency might be able to better obtain this information. • Minutes of 1115177 Page 3 When asked what the possible long range results of this pollutant might be, Mr. Serafini replied that their engineer, Mr. Lavoie of Essex Survey, • "feels it will go away." Mr. Lavoie spoke to the Commission of the updated plans which Mr. Ingemi would like to submit to the Commission. He explained that the plan calls for extending the area of fill with gravel to provide a greater area of fill. . Mr. Lavoie stated that by extending the fill by 25 feet with "clean gravel" it would filter the water and reduce the pollution. He added that the only other alternative would be the removal of the pro- lerized material which would be a very expensive project. He also pointed out that if the material were to be removed, more pollution would be exposed and a clay dike would have to be constructed. Mr. Lavoie stated that the proposed additional fill would not stop the pollution completely, but would greatly reduce it. Attorney Serafint pointed out that it will be a "considerable expense" to his client to put in the additional fill, but that Mr. Ingemi is willing to try it. Mr. Lavoie continued by stating that this "25 ft, barrier" would have to be topped and seeded. There would also be riprap placed on the bottom of the slope. Tom Rich of Geo-Chemical reviewed in detail the study made by him and Paul Willis of the pollution in the area. He pointed out that the studies done for Mr. Ingemi tested for coloform while the testing for dissolved • oxygen provided a better indication df the pollution present. Attorney Serefini questioned if Mr. Ingemi eased the pollution problem in the area and the City did nothing to correct their polluting would Mr. Ingemi be held responsible for pollution discovered in the future. Attorney Serefini pointed out that at the time Mr. Ingemi dumped this prolerized material it was legal and that nothing had been added since the original cease and desist had been issued in 1975. Tom Rich replied that it was simple to ascertain where the pollutants were coming from. Mr. Lavoie questioned if the man made pool were el&minated, would that improve the situation. Tom Rich agreed that it would and added that a clay barrier would greatly prevent the seepage of ferric material. Jim Rienhardt suggested that Mr. Lavoie place this proposal in a "narrative" to be added to the Notice of Intent. Chairperson Mary Ellen Pelletier closed the public hearing at 9:10 P.M. Chairperson Mary Ellen Pelletier repoened the regular meeting of the ConCom at 9:30 P.M. Jim Rienhardt has received a thank you note from Evelyn Murphy for his testimony in favor of the CZM Plan. • Jim stated that the mayor, ".Michael 'Harrington and Rep. McLaughlin testified in favor of the CZM Plan. Jim added that Michael Ruane also indicated that Minutes of Meeting 11/15/77 Page 4 he would submit his favorable &ndorsement of the Plan in writing. Jim also stated that there was good news coverage of the meeting and that it would appear in tomorrow's Salem Evening News. • Joe spoke to the Commission relevant to Hewitt Construction Co. He pointed out that the Boazd. of Appeal tabled action on Hewitt's request of a variance until further action is taken by the Planning Board and Con Com. Joe added that five more truckloads of fill have been dumped since the action of the Board of Appeal. Joe is to follow this up. Joe informed the Commission that the Planning Board is having a public hearing relevant to the proposed drainage work in the Vinnon Square area on December 1, 1977. Mr. Dolon of Salem High School has requested a slide show for his classes. Joe is to contact him and will present the show. Paul Willis arrived and made a motion that the regular meeting be adjourned. The motion was seconded by David DeVoe and the Chairperson declared the motion carried. • • :cxov Co.,, Ii `t Conservation Commission Salem. Massachusetts 01970 Ft �< Meeting of 11/1/77 AGENDA 1. Approve Minutes of 10/18/77 2. Correspondance and Communications 3. Carmarda, Hewitt 4. Leach St. Beach 5. Mass DPW 6. CZM report 7. Ingemi • II • I N Com Na Conservation Commission Salem. Massachusetts 01970 ASS�C�Jy SPECIAL MEETING OF NOVEMBER 29, 1977 AGENDA A) DISTRIBUTION OF MINUTES FROM NOVEMBER 15, 1977 MEETING AND WETLAND HEARING OF JOHN INGEMI B) DISCUSSION ON "SPECIAL PERMITS" DAVE LASH & MIKE MONIZ-PLANNING BOARD C) REVIEW AND MAKE COMMENT ON MASSACHUSETTS DPW STORM DRAIN PROJECT (VINNIN SQ/CHANDLER RD AREA) D) WRITE THE ORDER OF CONDITION ON THE JOHN INGEMI LANDFILL (CEDAR ROAD) •\```�{�'\ (OI (�J�(j `(�1 �f�gy■�� Commission(i}��Q p. r. Salem. Massachusetts 07.970 w SPECIAL r,1EETING OF NOVE?,1BER 29, 1977 The Conservation Commission met at One Salem Green on Tuesday, Nov- ember 29, 1977 at 8:00 P.M. Commission members attending were: Brian French, Cleti Cervoni, Mary Ellen Pelletier, James Rienhardt, Paul Willis, Brad Northrup and David DeVoe . The minutes from the regular meeting' of 'Joveinber 15, 1977 and the Wet- lands hearing for i1r. John In-=,i :were distributed for consideration. Discussion next followed relevant to the Special Permit application slOnttted _ to ine Punning Depart-ian' from, the. 0?i. J{: , Antonell ! t,,.P o Rlrslon that he . -.1 1'F✓{� DP r13:�. behI-nd the Stop '. JO- - ., ... .O:[:i'. 3 LL _ In J'JJJ�P1 "p Shc,u 'hat Sh i •..1/ cif -o-:' -i E.- 'E: t+ i. . 'her a Yl:i.l (,() scm 3'Ll.1'_ ng Go .:O .+ly.Ye 't L' `] !,-:L' of 't;^e --,'-later a'f'ter the :norm drains anal connect_i.Gn piDe between the t:co ponds have been installed. :He also noted that ldarblehead wishes to ifNintain ThOmpson's Meadobl 'or their secondary '.I'a.t'er supply. The t•j "O._;i--lee;_ 'Las stated in the 3pecaal Permit rl i:.a tion that the + na +rnn t.he. Street runoff alreadir died-ns i- the pond by Stray and ,r anL '1_:- 'G 1: storm drains i/, li.d on-ly :Ux–prove the e fiolenO`s of ,I ste iP'. 1'1. 11 as c i4'an—,';..o o v i'1a v bed?n i_foinn-: d of .1 .proposed actlun. i aul `+:Llli•s stated that a study could be donein two wepks In order to ascertain the quality of the Plater in the area. Briar_ French pointed ou , that the run off that is now draining into the pond is filtering in slowly and that the work proposed by the DPW will speed up the pr?cess conside_abl^ - --rtuy e to the detr!..aetlt of the area. A: te--r a brief discussion a motion Was' iT,ade by Paul 4i.11is and seconded by .�raa :FortIhrup that Pini Willis be authorizes. to col tact Thom Rich OIL' Geo-':'he Tical for the purpose of having ..^.im perform various :nater tests on the two ponds involved in the proposed iaork by the DPW in the `l allnln Square. Area . Toilt will do the testing relevant to :loss G water 4Ie71C;^.. YIJ.11 Include testing for sa..l:L:lity and dissolved oxy.-Pn. The vote t Cr, ' r cl•a, ed not' on ed. '�.'1Ci •hti ,7.iY IIia.t dP _. ? i Ccii"ri Minutes of ll/29/77 Page 2 • David Lash of the Planning Department next spoke to the Commission of the inter-relationship of the Planning Board Special Permit and the Wetlands Protection Act. David explained that the time involved in obtaining permission from both the Planning Board and ConCom was a real hardship to many of the people that have to apply to both Boards in order to work in a Wetland Area. David stated that he wanted to try to set up a systap: that would allow people to apply for buth permits at the same time. He then questioned what conditions could be waived by the ConCom to speed up the process. Brad Northrup suggested that a joint public hearing could be held that would meet both the require- ments of the Planning Board and the Conservation Commission. Brian French, however, informed the ConCom that it is stated in the Wetlands Protection Act that a Notice of Intent can not be issued until all other permits are obtained. He pointed out that the Planning Board has 60 days after the public hearing to consider the application, but that the Conservation Commission has only a third of this time under the flatlands Protection Act. Brian further stated that most of the applications to the Wetlands Protection Act are handled through a determination and do not requi=re a public hearing. David DeVoe added that the criteria for the »pedal Permit is detern'ined by the Salem Zoning Qrdinance and that thq detl " Protection Act is Ata e La,.­ and anc...-, r. t. and that, they are judged differently. ��. ,.-_',.-p stated thaL he could 38`., n').1 the existence 6`' the ton permits could. cause _.. beuracratic mess" and suggested that maybe . -.here is a way ,o create one application for both permits. David, Lash pointed out that the time allocationsboth)" h p2l colts. d0 '.lot match and suggested that in ;....ses in w-hicII bot.. :)oards Will be involved that the ConCom handle the situation through a determination and not a Notice of Intent. Brian French pointed out that the form for the Notice of Intent is more complex and technical than the form for the Wetland/Flood Hazard Special Permit. David then suggested that a determination be used as .much as possibleand that the determination and Wetlands/Flood Yazard 'special Permit be combined. Brad Northrup suggested that, a legal opinion be obtained relevant to the possibility of holding joint public hearings. David Lash further pointed out that it is possible that the conditions of the Special Permit issued by the Planning Board and the Order of Conditions i55lled by the Colnlissi.on cculd conflict. This Yould mean that an applicant for both permits would be unable to comply with one of the pernits without vitiating the Other. Brad Rorthrup suggested that since the Planning Board has more time allowed to consider the Special Permit, that the Commission could write comments in conjunc- tion with the Planning Board and in so doing would eliminate conflicts between the wording of the two permits . Briar, again pointed out that Minutes of 11/29/77 Page 3 • it is required by the Wetlands Protection Act that all other permits be obtained before an Order of Conditions can be issued. He also again stated that most applications submitted to the, Commission are covered by a determination. It was the consensus of those present that Joe Antonelli work with David Lash on the possibilities of combining all or part of the two _permit processes . Relevant to the Order of Conditions for Mr. Ingemi, Brian French stated that Mr. Ingemi should be presented with two alternatives to rectify the condition on his land. The first alternative would be for him to remove all the prolerized material. The second alternative would 8e to change the drainage on his property so that only natural precip- itation shall. .` (inter the abutting wetlands. It was noted by James Rienhardt that Mr. Ingemi had not submitted the narrative to accompany his Notice of Intent that had been agreed upon at the :Nov. lj, 1977 public hearing. A motion was made by Brian French and seconded by Paul Willis that Mr. John Ingemi shall submit a Notice of Intent with a detailed restoration plan, to the Conservation Commission within 60 days of receipt of this Order of Conditions. The restoration plan shall be in accordance with either Alternative A or Alternative B as explained as follows: A All prolerized material snall be removed Prom Vne site. All. Cil>tlr Ded `• are::s shall be graded and seeded, inciud-ing ti. e area batwa�n tha fill and Barnes Road. All fill -,halal be r�naovad from the wetland which shall be cleaned and restored to the original bound=ary. Measures shall be taken Burin;; the removal, grading and seeding to prevent pollutants and eroding soil from entering the wetland and water courses. 'ltcrna.tive B :. plan shall be executed in general accordance wit'a the sketch in Attachment A. This plan requires that: a. The fill shall be removed from the wetland to at least 100 feet from the original wetland boundary. b. An Impervious dam and a lagoon with zn imperneable liner shall be constructed between the fill and the wetland to collect leachate from the fill. The leachate shall be pumaed from the la.goon to the City setrar system. c. The prolerized fill shall be compacted and graded to disperse direct precipitation from the fill to the natural drainage system.' The Mill. shall be covered with an impermeable layer impenetrable by roots . The impe-c-eable layer shall be covered with to-soil and seeded. '.• d. A drainage system shall be constructed around the fill to collect all leachate and to convey it to the lagoon. e. All disturbed land, including the area between the fill and Barnes Road, shall be graded and seeded. f. Measures shall be taken during the restoration to prevent pollutants and eroding soil from entering the wetland and crater courses. Minutes of 11/29/77 Page 4 • A vote was taken. Brian French, Paul Willis, Cleti Cervoni, James Rienhardt, David DeVoe and Mary Ellen Pelletier voted yea. Brad Northrup present. The Chairman declared the motion carried. The meeting was adjourned at 9:45 P.M. Respectfully submitted, ANON Cpl No Umservation Commission V Salem. Massachusetts 01970 ASSNC�� AGENDA 12/6/77 1. Approval of minutes of Nov. 15, 1977 2. Correspondance and Communications 3. Wetland abutters 4. Open Space Plan 5. Budget and annual report 6. Joe's meeting with Bill Tinti 7. Hewitt 8. Ingemi • 9. Carpenter and Costin M DPW - Notice of Intent ,xoN CoM�' z Conservation Commission • Salem. Massachusetts 01970 'F'ti J5 yASS, Minutes of the Meeting - December 6, 1977 The Conservation Commission met at One Salem Green on Tuesday, December 6, 1977 at 8:00 P.M. Commission members attending were: Cleti Cervoni, James Rienhardt, Brad Northrup, David DeVoe, Paul Willis and Brian French. Commission members not attending: Mary Ellen Pelletier A motion was made by Brad Northrup and seconded by Paul Willis to approve the minutes of November 15, 1977 as written. The vote was unanimous and the Vice Chairperson declared the motion carried. Relevant to the Conservation Commission's Open Space and Recreation Plan, Jim Rienhardt noted that it has to be updated by June in order for the Commission to continue qualifying for State funding. Jim also noted that there were deficiencies in the present plan and that he would like to meet with Brian French, Cleti Cervoni and Joe Antonelli next week to • further discuss any proposed changes or additions to the plan. Brad Northrup noted that he could get a copy of Lincoln's Open Space and Recreation plan for the committee to consider at their work session. He also stated that there was a possibility that the Commission could obtain planning assistance from the State to complete this Plan. Mr. Hewitt of Hewitt Construction was present to discuss his property at 28 Clark St. Mr. Hewitt explained that he has stone fill that he has taken from a construction site on Greenledge St. which he would like to place on the edge of the wetland buffer zone location on Clam} St. Paul Willis, Joe Antonelli and Cleti Cervoni viewed this property on December 3rd. Paul Willis stated that he felt that Mr. Hewitt should be allowed to place this fill outside of the buffer zone. Mr. Willis also reported that Mr. Hewitt has agreed to remove the material that is not 'good fill' that has been previously dumped on the property. Paul added that Mr. Hewitt will come to the Commission for a request for determination and/or Notice of Intent when he is ready to build. Mr. Hewitt further explained that some time in the future he wants to build 4 houses on the property. He also stated that he had requested a variance for frontage requirements from the Board of Appeal. Current zoning requires 100 ft. frontage and three of the lots proposed by Mr. Hewitt have 90 ft. frontage. Because of letters written to the Board of Appeal from the Planning Board and the Conservation Commission • . Minutes of 12/6/77 Page 2 • the Board of Appeal decided to table the variance request until Mr. Hewitt had spoken to the Planning Board and ConCom relevant to their concerns. After consulting the wetland's map, Brian Fiench noted that some of the areas in which Mr. Hewitt wishes to put the stone fill are approxi- mately 25 feet into the buffer zone. Brian added that if the fill were placed in the buffer zone than the action would fall under the wetlands protection act. Paul Willis suggested a "memorandum of understanding" between Mr. Hewitt and the ConCom would be adequate to cover the exact placement of the stone fill as well as the removal of the unsuitable fill now there. After a brief discussion a motion was made by James Rienhardt and seconded by Brian French that upon receipt of a letter and sketch from Mr. Hewitt outlining the proposed short term work on his property on Clark St. and after stakes have been placed indicating the areas to be filled, the Commission will write a letter of confirmation to Mr. Hewitt and the stone fill can be placed. The vote was unanimous and the Vice-chair- person declared the motion carried. Mr. Hewitt also informed the Commission that he would be intested in giving the wetland portion of his property to the City. Brad Northrup stated that the possible donation of the land could be discussed at a future meeting. Mr. Hewitt added that he might wait 2 years before he starts building on the property in order to wait for the sewer line to •. be completed by his property. Correspondance and Communications The Commission has received notice from the Army Corps of Engineers that the comment period for the requested permit for Heritage Trust II will end December 19th. The Conservation Law Foundation has sent a list of pamphlets that might be of interest to the Commission. A copy of a letter written to Ralph Hobbs by the Army Corps of Engineers relevant to a condition survey of Salem Harbor And the South River Channel by the Corps has been scheduled for this fiscal year. GTE Sylvania has requested a permit from the State Division of Water Pollution Control that would allow the company to discharge cooling water into the North River. Ann Pelletier of the Engineering Department has expressed interest in this permit and a copy of the company's proposal is to be reviewed by Brian French. Joe Antonelli asked the Commission to consider purchasing a typewriter for use in the office. After a brief discussion a motion was made by Brad Northrup and seconded by Paul Willis that Joe Antonelli be authorized to purchase a typewriter, the price of which shall not exceed $110. • The vote was unanimous and the vice-chairperson declared the motion carried. Jim Rienhardt reported that he has spoken to Margaret Reynolds relevant to the proposed CZM plan. He stated that the adverse reactions expected at the CZM public hearings did not materialize and that-the bill Minutes of 12/6/77 Page 3 submitted to the State Legislature in an attempt to undercut the CZM plan is expected to die in committee. Jim also noted that by December 15th the Attorney General's office is to decide who has the power of adminis- tering the monies of this plan. Jim added that the CZM Plan should be implemented by the end of February. David DeVoe next gave the financial report. He stated that $1227.75 has been spent so far this year. Of the $4,280 of the total expense budget, approximately $3,000 remains. David further added that of the money left $1,000 is allocated to updating the Master Plan, $500 is left in the telephone account and $750 is allocated for technical services. In considering the position of Conservation Aide, it was the consensus of those present that efforts be made to mage the position a permanent City paid position at a salary of $12,000. Jim Rienhardt is to review the job description for Conservation Aide. In considering the $1000 that is allocated for the printing of the Open Space and Recreation Plan, Brad Northrup stated that he did not think that this would be enough to complete the project. After a brief discussion, there was a consensus of those present that the $1000 allocated in this years budget be held over for next year and that $1000 be requested for FY79 to complete the Master Plan. David DeVoe will write the fustification for this action. • A motion was made by Brian French to accept the proposed budget for FY79 as outlined by the Financial Becretary. The motion was seconded by James Rienhardt and unanimously voted. A brief discussion was held on the annual report of the Commission's activities for the year. It was the consensus of those present that each member of the Commission submit a paragraph on their projects thisyear to Joe Antonelli for inclusion in the annual report. The paragraphs are due before Christmas. Joe informed the ConCom that he has spoken to Bill Tinti relevant to the court case of Mr. Ragone. Bill informed Joe that the Commission if 8 months into the 2-3 year waiting periof for the case to get to court. Since new rubbish has been dumped on the property, Joe is to contact the Board of Health to see if they can take any action in this matter. Brian French is to contact Bill Tinti to ascertain if there is any way an in- junction can be issued. Joe next informed the commission as to the current developments with the land owned by Carpenter and Costin that is currently under a cease and desist. Joe stated that he has spoken to Swampscobt's DPW Superintendant Don Houston and has been informed by him that the area is now being used for the dumping of trees. He was informed by Swamp- scott Town Counsel Davern that Swampscott has accepted the land as a • Minutes of 12/6/77 Page 4 gift from Carpenter and Costin and that it is to be used as an extension of the existing cemetary. Attny. Davern also stated that it is possible that the Deed has not been recorded yet and that there is some question relevant to ownership. Atty. Davern added that the Town is trying to purchase from Salem continguous land to the rear and to the right of the donated land. Brian French suggested that Joe ascertain exactly where this land is and stated that it might be land included in the proposed Forest River Acquisition plan. Joe informed the Commission that the proposed Leech St. Beach donation is now in the hands of the City Council and Mayor. Arrangements are being made for Messrs. Gibney and La Blanc to meet and donate the land to the City. These arrangments should°be finished by Spring and then the beach will be cleared out. The question of maintenance of this property still remains. Brian French is to set up a meeting between the mayor, City Solicitor and the Commission relevant to granting custody of the barious Harbor Islands to the Conservation Commission. Joe stated that Richard Swenson of the Engineering Department is working on the Notice of Intent for the proposed work in the Vinnon Sq . area by the State DPW. The new Notice of Intent submitted by Mr. Ingemi was briefly discussed. It was the consensus of those present that a public hearing would have to be scheduled and that a new Drder of Conditions would have to be issued. The public hearing will be held on Dec. 20th at 7930 P.M. on the 3rd Floor of ORe Salem Green. Brian French is to inform Atty. Serafini of this action. The meeting was adjourned at 10:00 P.M. Respectfully submitted,