1978-CONSERVATION COMMISSION ( on �mm .Ssit�
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,onservation Commission
N Salem, Massachusetts 01970
�9�A J6 Telephone (617) 745-5056
`yASSPC�
Minutes of .Meeting - December 19, 1978
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The Comilds.,ion met at One Salem Green, third floor at 8:00 P.M. on
December-; 19 ' 1'978. . . Commission members
present were Cleti Cervoni,
Bradford Northrup, James Rienhardt, Anthony Feeherry, David DeVoe and
Brian' Fr.ench. Paul Willis was absent.
ACEC"NoWination
Chairman .Northrup opened the meeting with the discussion on the with-
drawal:_of" the, nomination of the islands and shoals of the area of Salem
Dound as an Area of Critical Environmental Concern,. `It was explained '
that the.Commission's consideration was a result of action taken,by the
Lower North;Shore Citizens Advisory Committee of CZM. Discussion Was
opened;-to 'the floor.`
A discussion- took place on membership of proposed Citizens Task Force
which is';-.to' consider the nomination of the Commission. Mr. Stone •of
Manchester asked that island owners be represented. :' He said .the
. r Selectmen want a hearing and that Manchester was coopted and'-wants '
r= to work`independently as their rights are threatened: -.Richard Thi-`
bedeaus ?of>.CZM said that Manchester and Marblehead would be' cbntacte-d
for suggested: representatives.
Mr. Isaaka of Baker's Island Association said that the function+ of the'',
city. zons Task Force should be mutual education. He .said- ii
people ,never`,'received information yet from .CZM and that itis things
like that- which have=caused a' feeling of paranoia.' Baker's Island
Associat-ion-would :like time to discuss the idea of the nomination with,
owners luring .the summer and to explore what CZM could do for the •Island. '
He state(l .than;the process should be open. and participatoryland: that
communities should be allowed to withdraw so that residents.:`wguld not
,:have to'v'attend'.'meetings of the task force.
In response to a question by Mrs. Coburn of fila"nch'ester; Anthony Feeherry.
said that the .findings of the Citizens 'Tasl Force 'would not,.be' binding
on the 'Conservation Commission.
Mr. Cobufn of the Manchester Conservation Com'missi'on said that;-an`, r '-
mportan`t thing to be done is to _look at whaC'we have,,, laws `et`cexplain
where we ;stand=and why an ACEC designation is necessary in' ®raer,to
convince::.people of the need for it.
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Minutes of 12/19/78 Page 2
. Mrs Collins of Baker's Island Association stated that Beverly should
be represented as some of the islands are in Beverly waters.
In response to a question from Mr. Coburn as to how long the Committee
would last, Chairman Northrup responded that this is not a responsibility
of the Commission but it would be established by the Citizens Advisory
Committee.
Mr. Stone asked that Manchester be omitted and that the Committee con-
tact the town to this effect and that Salem go alone. It is not fair
that Manchester be asked to participate.
Mrs. Otto of Baker's Island Association asked if any Commissioners
were ever on the island and was answered in the affirmative. She also
asked if the CZM plan impact statement had been read. She stated that it
states that the primary objective is to increase use of the shoreline
and to expand new sites. She is concerned about owner's rights because
terms such as acquisition, restrictions and eminent domain are used.
She stated that the Commission was not doing a service for the Island
as the public would ruin it considering that 20,000 people visit Misery
Island each year. Island owners pay $1200 in taxes each year and re-
ceives $1500 from the City. The elected officials treat them fairly
and communicate. Their opposition was caused by the defensive and
aggressive reaction when the nomination was questioned. They have
learned the truth and it makes no sense. The nomination is a mistake and
she is angry; it will take her a long time to recover, but she will
defend the Island at any cost. They do not need a committee - the island
can take care of itself.
Mr. Isaaks responded by saying that the people on Baker'- Island must
keep .an open mind on the Committee as it only takes 10 residents of the
Commonwealth to make a nomination. They should be fair and open minded
as it has been an adversary situation since the beginning. They should
try to understand the process - to find the real objectives and they
should be willing to share their expertise with those who make decisions.
If the committee is not truly seeking input it can be disbanded. They
cannot ignore the situation as it will not go away; the regulations
are there and they should be part of the process.
A motion was made by James Rienhardt , seconded by Anthony Feherry and
carried unanimously "That the Salem Conservation Commission withdraw
its nomination of the islands and shoals of the area of Salem Sound as
an Area of Critical Environmental Concern as nominated in the letter to
the Secretary of Environmental Affairs, dated. October 13, 1978."
At this point Mr. Stone asked that there be a moratorium on the whole
matter and let each community go alone. Anthony`Feeherry asked Mr.
Stone if he would be agreeable to a committee being 'formed' to represent
the upper Northshore to which he responded in the negative. Mr. Coburn
said that it would be up to the town officials to decide whether or not
Manchester should withdraw.
Minutes of 12/19/78 Page 3
' A motion was made by Anthony Feeherry, seconded by James Rienhardt and
carried unanimously "That the Salem Conservation Commission recommend
to the Lower Northshore Citizens Advisory Committee that a Citizens
Task Force be formed to review the nomination by the Salem Conservation
Commission contained in its letter to the Secretary of Environmental
Affairs, dated October 13, 1978 and that a report be made to the Con-
servation Commission on its findings."
Burba and Tassinari - Determination for Miller Wharf Marina
The Commission considered the request to determine applicability of
the Wetlands Protection Act submitted by Roberto G. Tassinari and Stanley
J. Burba on behalf of Miller Wharf Marina. Details of the work were
submitted in a letter and attachment on December 14, 1978. Both Burba
and Tassinari r were inattendance. Dr. Tassinari described the work as
involving the removing of 8-10 piles, replacement of floating piers and
floats and minor repairs to existing stationery piers. The applicants
explained that access to these new piers would be thru their gas dock
area of the marina and not along the pier on the former Suslak property
recently acquired by Burba and Tassinari.
Anna Kopka, an abutter asked questions about the use of the Suslak
property and the access off turner St. Ed Stevenson,(Director of the
House of Seven Gables asked if other permits would be required for the
use of the Suslak property. Burba replied they did believe other permits
were required. Chairman Northrup explained that the Commission was
limited to consideration of work under the Wetlands Protection Act.
Commissioner French moved that the Wetlands Protection Act was not
applicable to the work proposed by Burba and Tassanari described at the
meeting and in the letter of December 14, 1978 and attachment titled
"Written Description of the Proposed Work." Motion passed unanimously.
GTE Sylvania
On December 11, 1978, GTE Sylvania was issued a cease and desist. This
was a response to the fact that they had begun to discharge at 3:OO P.M.
Tony Feeherry has spoken to Bill Tinti and Tony will draft a complaint
for Bill who will then file the lawsuit.
Ragone
Tony Feeherry's letter to Bill Tinti was read and filed. The State
(DEQE) has agreed that the area should be cleaned up as it represents
an illegal dump. Neil Tully in a telephone conversation with Tony
Feeherry agreed to get together with us.
Budget
The budget has been submitted. Dave DeVoe received a copy. A letter
explaining and asking for support for our budget was sent to Bill Tinti,
Tony Fletcher and Greg Senko.
Minutes of 12/19/78 Page 4
• Correspondence
Tidal Gates
Inspection with Stirling Wall was cancelled. We received a letter (copy
of) sent to DEQE from Tony Fletcher. A letter to the Mayor from Brad was
read also.
Mike Moniz sent a letter requesting our input on the South River Channel.
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�o Conservation Commission
Salem, Massachusetts 01970
• '��yL1 J5 Telephone (617) 745-5056
ASS
Minutes
Minutes of Meeting - December 5, 1978
The Conservation Commission me a 0 m
t t One Sale Green on Tuesday, December
5, 1978 at 8:00 P.M. Commission members attending were: Cleti Cervoni,
Jim Rienhardt, Tony Feeherry, Brad Northrup; Brian French, David DeVoe
and Paul Willis.
YCC Grant
Ellen Rovner of the Salem Youth Commission was present to describe the
Youth Commission's program and outline how it may be worked in work the
Commission is planning. Ellen explained that delinquency prevention is
the main thrust of the program. She stated that the age range for the
program is from 12-18 years old and that kids are admitted to the program
by referrals when they first start getting into trouble. Ellen further
explained that the Youth Commission could provide supervision for a
program involving the ConCom since there are four outreach workers on
the staff. She added she could provide no money.
Paul Willis explained that the Commission is in the process of applying
to the Department of Agriculture and Interior for monies to implement a
development plan for the recently acquired Forest River Conservation
area. The grant provides for a 30 hour work week with 10 hours of
instruction, which could be provided by the Commission.
Discussion next centered around the possibility of submitting the proposed
grant as a joint effort between the ConCom and the Youth Commission.
A motion was made by Brian French and seconded by Paul Willis that the
ConCom and Youth Commission jointly apply for a YCC Grant from the Department
of Agriculture and Interior to restore land and cut rough trails in the
Forest River Conservation area. The vote was unanimous and the Chairman
declared the motion carried.
Ragone
A brief,.history of Mr. 'Ragone's actions with the Commission were reviewed.
Tony Feeherry explained that an "agreement for judgement"' could
be tried for which would include the items which the Commission would
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Minutes of 12/5/78 Page 2
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establish. Some of the items discussed to be included in this proposed
agreement included the payment of $50 for tests that were done on his
property, removal of construction material and submission of a Notice of
Intent explaining present plans for the land.
A motion was made by Tony- Feeherry and seconded by Paul Willis that
Tony Feeherry and Brian French meet and prepare a response to Mr.
Ragone's request for an out of court settlement in the form of an
agreement for judgement to be presented to Bill Tinti for action.
The vote was unanimous and the Chairman declared the motion carried.
GTE Sylvania
Tony Feeherry informed the Commission that on December 1, 1978 GTE
Sylvania had intended to start discharging cooling water into the North
River. Tony Feeherry spoke to a representative from GTE Sylvania and
they agreed to postpone discharging until December 11, 1978. Tony
added that Mike Ventruska from the ,OSA
men't will respond to the legal question of jurisdiction under the Wetlands
Protection Act relevant to GTE Sylvania.
A motion was made by Tony Feeherry and seconded by Brian French that
dependent on the result of the legal opinions relevant to jurisdiction
arrived at by the Attorney General's office and DEM and if GTE
Sylvania starts discharging cooling water into the North River without
• submitting a Notice of Intent and bing issued an Order of Conditions, then
a cease and desist will be served. The vote was unanimous and the Chairman
declared the motion carried.
A brief discussion next ensued on the glass dumped by GTE Sylvania at
the Pickman Park playground. It was noted that action on this should be
postponed until the discharging of the cooling water situation is resolved.
FY1980 Budget
The Commission next discussed the proposed budget for FY1980. The amount
requested for Technical Services has been increased by $2,000 as a one
time request for funds to restore and protect a section of the Forest
River Conservation Area. It was also noted that the amount requested
for Printing and Photography has been decreased from $2,000 to $1,000.
A motion. was made by Jim Rienhardt and seconded by Brian French to approve
the FY1980 budget as presented. The vote was unanimous and the chairman
declared the motion carried.
CZM Hearing
The Commission was informed that the State has reviewed the testimony
presented and is in the process of contacting other people for input.
CZM will notify the Commission of their decision within 60 days.
Minutes of 12/5/78 Page 3
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A motion was made by Tony Feeherry and seconded by Brian French that a
representative from the Commission attend Thursday's meeting of the
Lower North Shore Advisory Council for CZM and voice the Commission's
concern that the Department of Environmental Management's Coastal Wetland
Restriction Regulations should be made available to the People who
requested copies of all applicable regulations at the public hearing.
The vote was unanimous and the Chairman declared the motion carried.
Cleti Cervoni will attend this meeting.
Tide Gates
Notice has been received from DEQE that the inspection of the Tide Gates
will be held on December 20, 1978 at 3:00 P.M.
After a brief discussion, a motion was made by Tony Feeherry and seconded
by Brian French that Brad Northrup write a letter to the Mayor with a
copy to Edna Panzini stating that when the sewerage surcharging and storm
drainage problems are eliminated in the Tide Gate area, then the ConCom
would consider a new Notice of Intent relative to the position of the
Forest River Tide Gates. The vote was unanimous and the Chairman
declared the motion carried.
The meeting was adjourned at 10:20 P.M.
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Respectfully submitted,
4P�VON CC) _
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Conservation Commission
• Salem, Massachusetts 01970
Telephone (617) 745-5056
M'yASSPC�J
Minutes of Meeting - November 21, 1978
The Conservation Commission met at One Salem Green on Tuesday, November
21, 1978 at 8:00 P.M. Commission members attending were: Cleti Cervoni,
Brian French, Jim Rienhardt, Brad Northrup and David DeVoe.
Commission Members not attending: Tony Feeherry, Paul Willis
The Chairman declared the meeting opened with a quorum present at 8:00 P.M.
Brad Northrup informed the Commission that he has met with Jo Stewart of the
Salem Evening News and that she is to receive notices of meetings and copies
of the corrected minutes of the meetings.
Brad also informed the Commission that he has met with Attorney Irving Weissman
who is representing the Kernwood Country Club and gave him information relevant
to the filing of the Notice of Intent for the storm damage suffered at Kernwood
Country Club.
•' A motion was made by Cleti Cervoni and seconded by Brian French to accept the
minutes of September 20, 1978 as corrected. The vote was unanimous and the
Chairman declared the motion carried.
A motion was made by Cleti Cervoni and seconded by James Rienhardt to accept
the minutes of October 16, 1978 as written. The vote was unanimous and the
Chairman declared the motion carried.
Brad noted that he has received a list of changes from Cheri Cooper which will
be incorporated in the Environment element of the Master Plan.
Joseph Ragone
A letter has been received from the attorney representing Mr. Ragone stating
that Mr. Ragone would be willing to submit a new Notice of Intent to the
Commission. Discussion ensued relevant to whether it would be in the
Commission's best interest to attempt to have Mr. Ragone sign a binding
contractual agreement to remove the fill that has been previously placed.
After some further discussion, a motion was made by Brian French and
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Minutes of 11/21/78 Page 2
• seconded by Cleti Cervoni that Brad Northrup discuss the Ragone situation with
Bill Tinti, but that no action be taken until the Commission as a whole has
discussed the various possibilities.
CZM
Discussion was next held on the upcoming CZM public hearing relevant to the desig-
nation of the Harbor Islands as an area of critical Environmental concern. This
public hearing will be held on November 30, 1978 on the third floor of One
Salem Green. It was suggested that a copy of "Mass. CZM Designating Areas
of Critical Environmental Concern" be sent to each of the City Councillors
and Jo Stewart of the Salem Evening News. It was also suggested that it
might clear up some confusion if an article dealing with the CZM public
hearing were printed before the hearing.
Phase II Sewers
A letter has been received from David Goodemote of CE Maguire requesting
a letter of waiver from the Commission relevant to the design of
connections to the new SESD sewer trunk. After a brief discussion, a
motion was made by Brian French and seconded by David DeVoe that the
Wetlands Protection Act is not applicable to the work as described in the
letter from David Goodemote dated November 10, 1978.
Wetlands/Flood Hazard Special Permit - Comment Sheet
• The Commission next considered the Wetlands/Flood Hazard Special Permit
application which has been submitted by McDonald's Corporation to the
Planning Board.
After a brief discussion, it was the consensus of the Commission that the
following comments be included in the Commission's comment sheet:
11-"No elevations are shown on the plan.
2. If floodproofing is needed, then there should be details shown on
the plan.
GTE Sylvania
It was noted that GTE Sylvania is ready to install the monitors for the
cooling waters which will be discharging into the North River I: , Anthony
Feeherry is to call GTE Sylvania relevant to this. He is to inform them
that if they start discharging into the North River before they submit a
Notice of Intent to the Commission, they will be served with a Cease
and Desist.
Tide Gates
The Commission considered possible dates for the viewing of the Tide
• Gates with Sterling Wall, the representative from DEQE.
The meeting was adjourned at 9:30 P.M.
Respectfully submitted,
`maN Co.
�.r4 L/1� -
P Conservation Commission
-r Salem, Massachusetts 01970
Telephone (617) 745-5056
Minutes of Meeting - October 16, 1978
The Conservation Commission met at One Salem Green on Tuesday, October 16,
1978 at 8:15 P.M. Commission members attending were: Brad Northrup,
Tony Feeherry, Paul Willis and Cleti Cervoni.
Commission Members not attending: Brian French, David DeVoe and Jim
Rienhardt.
It was noted that Sally Ingalls be sent a copy of the "Environment" element
of the Master Plan for her review.
After a brief discussion, a motion was made by Cleti Cervoni and seconded
by Tony Feeherry that an Order of Conditions be issued to Nondas Lagonakis
(DEQE File X164-35) for his proposed work at 5 Bridge Street with the following
additional conditions:
1. All work shall be done in accordance with the plan entitled, "Plan of Land
showing extent of fill at 5 Bridge St. , Salem, MA, September 14, 1978,
• Essex Survey Service, Inc. , 47 Federal St. , Salem, Mass, revised: Sept_
21, 1978.
2. The work shall be complete by March 31, 1979. Prior to the start of work
the area shall be laid out by a registered surveyor in accordance with the
above plan.
3. All stone beyond the constructed toe of the bank shall be removed and all
excess rock, stone and soil shall be removed from the site and shall not
be disposed of in adjacent areas of the harbor.
4. The riprap bank shall be constructed strictly in accordance with that
specified for stone riprap in the Commonwealth of Massachusetts Standard
Specifications for Highways and Bridges (latest edition) .
The vote was unanimous and the chairman declared the motion carried.
GTE Sylvania
Relevant to GTE Sylvania Tony Feeherry stated that the first step would be to
present the question of jurisdiction to a judge as a stipulation of facts.
A motion was made by Tony Feeherry and seconded by Paul Willis that a legal
opinion from Bill Tinti as to whether the ConCom has jurisdiction over the
work proposed by GTE Sylvania. The vote was unanimous and the chairman
declared the motion carried.
• It was the consensus of the commissioners that Tony Feeherry form a committee
of one to work with Bill Tinti relevant to this question.
The meeting was adjourned at 8:35 P.M.
�Q4P�` N Co
cy� Jz Conservation Commission
Salem, Massachusetts 01970
Telephone (617) 745-5056
yASSP��
CORRECTED 11/9/78
Minutes of Meeting - September 26, 1978
The Conservation Commission met at One Salem Green on Wednesday, September
20, 1978 at 7:45 P.M. Commission members attending were: Cleti Cervoni,
Brad Northrup, Tony Feeherry, Brian French, Jim Rienhardt, and David DeVoe
Commission Members not attending: Paul Willis
Minutes
A motion was made by Tony Feeherry and seconded by David DeVoe to accept
the minutes of July 5, 1978 as corrected. The vote was unanimous and the
Chairman declared the motion carried.
A motion was made by Tony Feeherry and seconded by David DeVoe to accept
the minutes of July 18, 1978 as corrected. The vote was unanimous and the
Chairman declared the motion carried.
• A motion was made by Tony Feeherry and seconded by David DeVoe to accept
the minutes of August 1, 1978 as corrected. The vote was unanimous and the
Chairman declared the motion carried.
A motion was made by David DeVoe and seconded by Tony Feeherry to accept
the minutes of August 15, 1978 as corrected. The vote was unanimous and the
Chairman declared the motion carried. '
A motion was made by David DeVoe and seconded by Tony Feeherry to accept
the minutes of September 5, 1978 as corrected. The vote was unanimous and the
Chairman declared the motion carried.
Correspondence and Communications
The Commission was informed that Mr. Fallon of 126 Bayview Ave. wishes to repair
his seawall which was damaged during the February Storm. Members of the Commission
will view the damage.
The Commission has also been called by the Plummer Home for Boys relevant to
repair of the storm damage they suffered last February. They will be sent a
Notice of Intent to be filled out.
Tony Feeherry read a draft of a letter he has written to Attorney Attfield
who is an attorney for GTE Sylvania. In it he explains the Commission's
jurisdiction as stated in the Wetlands Protection Act.
Minutes of 9/20/78 Page 2
• Discussion was next held on the proposed sign to be nlaced by the recently
acquired conservation land. Cleti stated that she has obtained the re-
quirements for the sign for the Forest River Conservation area from David
Lash. Cleti explained that it will be a routed wood sign which will
contain the Commission's Logo as well as the Federal and State grants
obtained for the purchase of the land. Cleti will obtain an estimate
from Jim McDougall relevant to the sign. The location of the sign
will be Loring Ave. near the Forest River.
Order of Conditions - George Kastrinakis
The Commission next discussed the Order of Conditions to be issued to Mr.
George Kastrinakis relevant to his proposed riprap wall at 2 Bridge St.
(Stombergs Restraurant) . After a brief discussion, a motion was made by
Tony Feeherry and seconded by David DeVoe to issue an Order of Conditions
to George Kastrinakis of 2 Bridge St. with the following additional
conditions:
1. All work shall be done in accordance with the plan__submitted,by the
applicant titled "Riprap Wall .Strombergs Restaurant„ 2; Bridge _S.t. ,
Salem, Mass. , " prepared by R:L. Mailhoit Assoc. , Engineers, 209 Essex
St. , Salem, Mass. and dated 6/29/78.
2. The work shall entail no filling other than the placement of the riprap
wall.
3. Upon completion, all construction equipment and excess materials and debris
shall be removed from the wetland.
The vote was unanimous and the Chairman declared the motion carried.
Order of Conditions - Pickman Park
Brian French read the rough draft of the proposed Order of Conditions for
Pickman Park. Attorney Peter Beatrice was present representing the
developers. Under Vs 1 and 2 of the proposed Order of Conditions, the
developers voiced no objection. Brian French stated that X13 on the rough
draft of the Order of Conditions is "vital and all important" because it
outlines the specifications referred to in the remaining conditions.
Attorney Beatrice, however, pointed out that in a correspondance from
Carter and Towers Engineering Corp. dated 9/22/78, Mr. Carter stated that
Condition #3 "is too restrictive and leaves the contractor without flexibility.
Construction of this nature is always subject to modification or revisions to
meet day to day site conditions. The developer would rather work with a
selected representative of the Conservation Commission on a day to day basis."
Attorney Beatrice ended by stating that by including this condition, the
Commission will not be allowing the developer any flexibility. Brian French
replied that Condition #3 outlined the procedures for erosion control and was
not meant to inhibit the developer.
• Discussion next ensued relative to thew 'immedi.ately" which appears in
several of the proposed conditions. Attorney Beatrice stated, that again,
y Minutes of 9/20/78 Page 3
• the developer was being denied flexibility. It was the consensus of the
.
Cimm'.ssion that the word immediately be substituted with the phrase, "with-
out unreasonable delay".
Attorney Beatrice pointed out that Condition fl-O as well as Condition iilO A and
B may be revised during construction or as a result of recommendations from the
Salem Engineering Department. Tony Feeherry stated that the problem seems to
be one of scheduling ;and not disagreement with 'the," -.intent expressed in-
the condition.
Brian suggested that the wording "Design of the sanitary sewer crossing- and
South River diversion may be revised and detailed plans and specifications
shall be submitted to the Salem Conservation Commission for approval at least
six weeks prior to construction." It was the consensus of the Commission that
this sentence be added to 1110.
Furtherdiscussion was then held on possible ammendments for Condition 113, which
would serve the purposes of both the Commission and the developer. It was the
consensus of the Commission that the phrase "with scheduling of land disturbance,
construction and planting, selection of undisturbed areas and vegetation,
selection of vegetation for planting following grading, maintenenace and
inspection of all relevant orders contained in these orders.", be eliminated
and the phrase "in accordance with this Order of Conditions "be added as follows,
"A detailed plan and specification shall be prepared for erosion control and
sedimentation control for each phase of the development in accordance with this
Order of Conditions."
• A motion was made by Tony Feeherry, and seconded by David DeVoe to approve
the ammended Order of Conditions for Salem Acres, Inc. for the proposed
Pickman Park development, DEQE file 1164-32 and whose Notice of Intent was
received by the Commission on July 5, 1978. The vote was unanimous and the
Chairman declared the motion carried.
Communications
Jim Rienhardt informed the Commission that he had attended a City Council
meeting dealing with the possibility of combining the Parks Department
and the Recreation Department. Jim stated that it had been decided that a
'feasibility study' be made in order to ascertain the advantages and dis-
advantages of combining the two Departments.
Brad Northrup informed the Commission that relative to the map to be used for
the Conservation, Open Space, and Recreation Plan, he has been informed by
Cheri Cooper that the final map will be 'z the size of the Commission's
original plan for the map.
The meeting was adjourned at 10:00 P.M.
Respectfully submitted,
•
NON Co
Conservation Commission
e Salem, Massachusetts 01970
Telephone 1617) 745-5056
NASSPG�
Minutes of Meeting - September 20, 1978
The Conservation Commission met at One Salem Green on Wednesday, September
20, 1978 at 8:00 P.M. Commission members attending were: Brian French,
Paul Willis, Brad Northrup, Cleti Cervoni, Jim Rienhardt and David DeVoe.
Commission Members not attending: Tony Feherry
Chairman Brad Northrup stated that the Commission would first discuss the
Order of Conditions for the Forest River Tidal Gates.
Arthur DiSali, president of the Pickman Park Association, stated that
the Pickman Park Association was in favor of the periodic closing of the
tidal gates. He further stated that he couldn'st see that the closing of
the gates for ten days in two months could seriously effect anything.
Paul Willis informed the Commission that he has contacted the DEQE and
discovered that, contrary to Attorney Moran's statement at the Wetlands
• Public Hearing, the clam flats in the tide gate are have been closed by
the Department of Public Health, since July 27, 1970. In the warning
that was issued at that time, it was stated that "Shellfish taken from the
contaminated areas are unfit for food purposes and dangerous to the public
health."
Commission member Brian French read the proposed Order of Conditions for the
Salem Park Department relevant to the Forest River Tidal Gates. Brian then
read the correspondence that has been received relevant to the tidal gates
which will be included with the Order of Conditions as attachments. Brian
than stated that the Order of Conditions forbids closure of the gates at
any time.
Also included in the Order of Conditions is a discussion of the adverse
impact on the saltmarsh environment, as well as the impact on the water
quality first by the surcharging sewer as well as direct runoff entering
the marsh from several storm drain outlets.
Cleti Cervoni questioned why there had been no mention of storm drains at
the public hearing. Brian replied that he had made a field inspection of the
marsh and discovered one 54 inch diameter pipe, three 24 inch diameter pipes, one
30 inch diameter pipe and one 12 inch diameter pipe.
Page 2
• Cleti also stated that two of the gates are not in a fully opened position.
She asked if the gates will have to be dismantled to open them, Brad
Northrup noted that the Park Department may have problems with the expense
incurred in opening the gates that are inoperative and in a permanently
closed position. Brian French stated that the expense would not be ex-
orbitant and that erosion on the left bank is becoming substantial.
Jim Rienhardt talked of the possibility of completely removing the gates
and what effect that might have on the marsh. Paul Willis stated that
the effect would be mimimal. Brian French stated that the removal of the
gates would be a far costlier project than forcing them in a permanently
open position.
Brad then questioned the procedure that could be used if the opening of the
broken gates is too expensive of a project for the City to fund. Brian
stated that to amend an Order of Conditions it would require an additional
public hearing, but that a cease and desist or court action would not be
necessary.
Brian French added that one of the storm drains is draining a black
sludge-like material from Sylvania.
A motion was made by Paul Willis and seconded by Jim Rienhardt to accept
the Order of Conditions for the Salem Park Department (DEQE File 1164-34)
as presented. The vote was unanimous and the Chairman declared the motion
• carried.
Brad Northrup informed the members of the Harbor View Associates who were
present of their right to appeal the Order of Conditions and the procedure
to be followed to appeal.
White St. Marina
A letter has been received from Attorney Donnelson requesting an extension
of the Order of Conditions for Dr. Roberto Tassinari (DEQE file #64-8) .
Attorney Donelson noted that the last extension issued for Miller Wharf
Marina was in August of 1977.
Brad Northrup, in discussing the inspection of the site, explained that
the fuel storage tanks are located in a different place then is indicated
in the Order of Conditions that was issued. Mr. Tassinari pointed out that
new engineering drawings have been included in their Special Permit application
to the Planning Board. Brian French questioned how the fuel storage tanks
are anchored. Mr. Tassinari replied that it was a combination of concrete and
steel bands.
Paul Willis questioned what spill precautions were being taken. Mr. Tassinari
replied that there was "absorption material" in the shed which resembles kitty
litter. Paul further questioned if there was a collection area for runoff
if there was a spill. Mr. Tassinari pointed out that the slope of the land
goes away from the water and so any spill would go from the pavement into the dirt.
Minutes of 9/20/78 Page 3
Brad Northrup pointed out that a new Order of Conditions would be needed
for the proposed dock on what is presently the abutting Suslak property
as well as the proposed paving which Mr. Tassinari feels will be done this
Spring.
Paul Willis stated that he will speak to Lieut. Goggin relevant to any fire
safety regulations there may be for the gas tanks.
A motion was made by Brian French and seconded by Paul Willis that the
deviations in the work on the Miller Wharf marina from the Order of Conditions
(DEQE file 1164-8) issued by the Commission on February 17, 1976 are not
significant to the purposes of the Wetlands Protection Act and the commission
grant a one year extension for the completion of the work covered in that
Order of Conditions. The vote was unanimous and the chairman declared the
motion carried.
The Commission next considered the comment sheet from the Planning Board
relevant to the Wetlands/Flood Hazard Special Permit application of Messrs.
Tassinari and Burba. It was the consensus of the Commission that they
concur with the proposed work.
George Kastrinakis
It was noted that David DeVoe and Brian French have reviewed the stability
. calculations for the seawall work at 2 Bridge Street for George Kastrinakis,
and that a proposed Order of Conditions will be presented at the next
meeting.
Nondas Lagonakis
George Haddad, the surveyor for Mr. Lagonakis (5 Bridge St.) was present
to explain what was intented. Mr. Haddad stated that this plan would bring
back Mr. Lagonakis' land to where it was before the February storm.
Brian French questioned whether a filter layer was being considered. Mr.
Haddad stated that this would be quite costly and that Mr. Lagonakis is not
considering it at this time. Brian stated that without the filter layer
the fill will wash out. Mr. Haddad pointed out that what was being pro-
posed was better than what existed before the storm.
After some further discussion, it was the consensus of the Commission that
the following items be added to the plan:
1. The top of the property line be approximately in the same position
as on ,the present plan with a slope of 1 on lz to the toe.
2. There will be a note added to the plan specifing the grading material
to be used.
3. The plans stamped by a registered engineer.
4. The area in question will be staked at top and toe before the Wetlands
• Public hearing so that it can be viewed by the Commission
It was the consensus of the members present that the public hearing for Mr.
Lagonakis be held on Oct. 3, 1978 at 7:45 P.M.
Page 4
• Heritage Trust II
Brad Northrup noted that a letter has been received from Barry Plunkett
asking for an extension on the Order of Conditions (DEQE File # 64-23)
issued to Heritage Trust II. After a brief discussion a motion was made
by Brian French and seconded by David DeVoe to grant an extension to
Heritage Trust II (DEQE File # 64-23) for one year in order for them to
complete the work covered in their Order of Conditions. The vote was
unanimous and the Chairman declared the motion carried.
Respectfully submitted,
•
ION COMA'
�o Conservation Commission
N_FSalem, Massachusetts 01970
9 � 5� Telephone (617) 745-5056
M'yASSNO�J
CORRECTED 9/20/78
Minutes of Meeting - September 5, 1978
The Conservation Commission met at One Salem Green on Tuesday, September 5, 1978
at 7:30 P.M. , Commission members attending were: Paul Willis, Tony Feeherry,
David DeVoe, James Rienhardt and Brad Northrup.
Commission Members not attending: Cleti Cervoni, Brian French
The Chairman opened the continuation of the public hearing for Salem Acres Inc.
at 7:30 P.M. Joe Carter, of Carter and Towers, reviewed what had been requested
by the Commission at the last public hearing and what had been done to fulfill
the requests. Joe stated that an outline of the erosion controls that will be
used during construction has been submitted. Brad Northrup stated that in
speaking to Brian French, Brian stated that he was concerned about some of the
generalities contained in the report and that he would like to meet with Joseph
Carter for more detailed information. Mr. Carter said that this could be ar-
ranged.
Mr. Carter also has submitted the information requested for compensating
storage. He stated that information was based on elevation 16 and that there was
more than adequate compansation for the sewer.
Mr. Carter also stated that he has met with Richard Swenson of the Engineering
Department and discussed what would be required for final engineering approval.
A letter to the ConCom dated Sept. 5, 197E from the City Engineer contains a
list of what "changes or revisions to the plan are required for final
engineering approval. This letter was read.
Robert Blenkhorn, Health Agent, questioned whether the sewer tie into parallel
Road will be adequate. Tony Fletcher stated that two years ago, when the
developers were talking of an Industrial Park for this land, there were questions
raised as to the adequacy of the sewer line. Now that the development is housing,
the sewer tie in is adequate.
After some further discussion, a motion was made by David DeVoe and seconded
by Paul Willis to close the Wetlands Public Hearing for Salem Acres at 7:55 P.M.
The vote was unanimous and the Chairman declared the motion carried.
Correspondance and Communications
Brad noted that a letter has been written to Attorney Serafini from Morgan Rees
of the Army Corps of Engineers relevant to Mr. Ingemi's unauthorized fill
adjacent to the Forest River. Mr. Rees stated that "Mr. Ingemi should either
remove all the unauthorized fill or construct and impervious dike around the
Minutes of 9/5/78 Page 2
• base of the existing fill to prevent pollutants from entering the wetlands."
Brad also noted that Attorney Serafini responded to this letter by informing
the Army Corps of Engineers that Mr. Ingemi's engineer, Erland Townsent,
has been working with the DEQE relevant to this situation. Brad noted that
the DEQE will continue working on this situation. Paul Willis is to contact
Thomas McLoughlin of the DEQE for further information.
The Commission is in receipt of copies of the Wetlands/Flood Hazard Special
Permits that have been issued to Mr. Kastrinakis and Mr. Ginkus by the
Planning Board.
The Commission is in receipt of a letter from Earl Weissman to Alan Randall of
the Army Corps of Engineers relative to the "unauthorized piles in the waters
of Salem Harbor installed by Gene Pelletier of North Shore Dredging and
Marine Construction. The Army Corps of Engineers has granted Mr. Pelletier a
15 day extension to substantiate his claim that the piles in question have been
there for 18 years. Brad Northrup will do the follow up work on this.
The Chairman opened the wetlands public hearing for George Kastrinakis
at 8:00 P.M. Brad noted that the Commission still needed the stability
calculations for the proposed seawall at 2 Bridge St. Mr. Mailhoit stated
that he had mailed the stability calculations and that he was surprised
that they had not been received yet.
Robert Blenkhorn, Health 'Agent, informed the Commission that there is an old
existing floor surface drain from the restaurant which goes out in the sea in
direct line with the proposed seawall.
Mr. Kastrinakis stated that the drain in question is 49 years old and that the
ice machine is the only thing attached to it. Mr. Kastrinakis also stated
that he has plans to do the kitchen over and when this is done the ice machine
will be moved.
It .was pointed out that the problem of the floor-surface drain has been-
referred,-to
een referred,.to the Plumbing Inspector._
A motion was made by Paul Willis and seconded by David DeVoe that the Wetlands
public hearing for Mr. George Kastrinakis be closed at 8:10 P.M. The vote was
unanimous and the chairman declared the motion carried.
Tidal Gates
The Chairman opened the continuation of the public hearing for the Forest River
Tidal Gates at 8:15 P.M.
Minutes of 9/5/78 Page 3
Brad briefly outlined the background of the Tidal Gates. Philip Moran, attorney
• representing the Harbor View Associates, next spoke to the Commission. He
stated that there are 54 families that make up the Harbor View Association.
He pointed out that the Association is not questioning the Commission's jurisdic-
tion in being involved. He continued by stating that he felt the critical area
was whether or not there was a water pollution problem. He pointed out that
historically the gates had been closed as late as 1974 for six days at a
time. He added that his clients were only asking that the gates be closed at
high tide on Friday evening and opened late Sunday.
Attorney Moran stated that he felt the most significant argument against
closing the gates was one of pollution. He added that Ann Pelletier
of the Engineering Department had stated at the meeting with the Pickman
Park Associates that the worst part of the sewerage pollution had been
corrected when the siphon was installed. Ms. Pelletier added that there
was still some exfiltration into the Tidal Gate area from the sewer system.
Attorney Moran stated that Harbor View Asssociates had had a Bacteriological Analysis
Report done by Biomarine Research Corporation covering the period from June 23, 1978
to July 6, 1978 and that none of the coliform tests came close to the minimum
standards established by the State for bathing waters. He also stated that
relevant,_to the testing done by the Board of Health there was only one test,
on June;6th�that went above the State minimum standards.
Attorney Moran also stated that he has contacted the DEQE and that they stated
that it was a matter for local jurisdiction.
• Attorney Moran again stated that he felt it was a question of "how severe the
pollution was." Relevant to the impact of the closing of the gates on the salt
marsh, Attorney Moran stated that "man also has his rights."
Brad Northrup pointed out that-the coliform count, taken.,bV,the Board_of-Health on
June,',6th}was 2400 parts per 100 �1, which is well above 'the State's minium
standards. At this time Brad also read a letter from the Marblehead ConCom
stating that they are categorically against the closing of the Tidal Gates from an
ecological standpoint. Brad also read a memo dated August 30, 1978 from Gary
Clayton, a Marine Biologist working for CZM. Mr. Clayton in support of the tidal
gates remaining in an open position wrote of the quality of the water and the salt
marsh and made the following observations:
1. The existing tidal gate remain in an open position and that the other 2 gates be
permanently opened to insure adequate tidal flow in the Forest River estuary.
2. The tidal restrictions created by the barriers at the Leggs Hill Road bridge
be removed to also allow for adequate tidal flow in the upper estuary.
3. The City of Salem develop a comprehensive plan to manage the Forest River
estuary as a valuable natural resource and open space area in an urbanized
environment.
•
Minutes of 9/5/78 Page 4
• Brad also noted a letter received by the Commission from Sohnes Moore who is a
professor of Biology at Salem State. It was his opinion "that the gates serve no
useful purpose for the public and in fact, if used as originally contemplated,
constitute a detriment to the entire marsh environment upstream."
Attorney Moran stated that he felt the issue of pollution was more important
than the "small effect" the closing of the gates would have on the salt
marsh. He also stated that the stand taken by Gary Clayton seems to contradict the
report entitled "Report of Biological Survey Pickman Park Swimming Area, Salem
Massachusetts" conducted by Allied Biological Control Corporation in 1974 which
called for "perhaps flushing three to six times a week." He also cautioned the
commission to be careful of overreacting to the amount of pollution present
since he felt there were many public beaches in Salem that were more
polluted and still had swimming.
Tony.Fletcher referred to"_the .letLeruhe has written to the Mayo r,_on_August 4,_19781_
relevant to the Tidal Gates w66i e he "requested that the tide gates be left
open to reduce the possibility of infection and also so that liability to
the City is minimal." Tony added that he had testified in court 2 2 years
ago that,ldangerous amounts of fecal matter were exfilltrating into the Forest
River. Since that time the siphon has been completely replaced, but
exfiltration does still take place along the main trunk at Pierce Road and
Monroe St. He pointed out that there would be increased exfiltration during
various surcharging periods and that random samples taken of the water would
not represent adequate testing. He further stated that unless testing
• was done at the source of pollution on an hourly basis, it would show bad
judgement to close the gates on a regular basis. Tony added that the MAPC
and EDA recommend Class A water for swimming and that the Forest River is now
Class C. He also stated that unless the City uses its own money it will be
two years before the City will be working on the sewers in that area.
Tony Feeherry- questioned if there was_.anv..predictibility„to the surcharging,
— _ g. Vj __
periods. Bony Fletcter”stated t_-iat the periods _fzom�6 AM 9 AM and 4 PM_-8 PM
were probably peak surcharging'times, but-that he could not guarantee this.
Mr. Panzini questioned why the "leaks could not be plugged". Tony pointed
out that some of the pipes are above ground, some below and in some cases
they run uphill. He stated that it would take 3.5 million dollars to correct
the situation in the area. Tony reiterated that,as the City Engineer, he
could not condone swimming in the tidal gate area.
Brad Northrup questioned Robert Blenkhorn as to the position of the Board of Health
relevant to the Tidal Gates. Mr. Blenkhorn explained that the opening and closing
of the tidal gates were not in the Board of Health's jurisdiction. He did say,
however, that in speaking to Ann Pelletier at the time of the Pickman Park meeting
he now felt that maybe the gates should be left open. Bob Bonnin, a member
of the Board of Health, stated that he had made the motion that the Board of
Health approve the closing of the Tidal Gates one week after the coliform
tests were completed.
•
Minutes of 9/5/78 Page 5
• Arthur DiSali of the Pickman Park Associates stated that the court case in which
the City Engineer testified was one involving increased housing and that that
should not have relevance in the tidal gates controversy. Tony Fletcher replied
that no matter what the intent of that particular court case, it did not change the
fact that coliform was surcharging into the Forest River. He added that now that
the siphon has been installed, the pollution has been cut down - but certainly
not eliminated.
Edna Panzini questioned why the Pickman Park area was not given a higher
priority than Phase IV in the Sewer project. Mr. Fletcher stated that Phases
I, II, and III have a larger effect on the City as a whole than Phase IV will
have.
Mrs. Panzini then questioned the reliability of the tests done by the Board of
Health. She pointed out that she had been in the Board of Health's office when
a water sample p e w as left standing in the heat. She stated that the samples should
be refregerated. Mr. Fletcher pointed out that refridgeration will kill fecal
coliform, thus rendering the test invalid. Health Agent, Robert Blenkhorn, stated
that for the testing to be successful the temperature of the sample should not
be raised or lowered. Steve Sklover of the Parks.-Commission questioned if
Mr. Blenkhorn if the test of June 'S, 1978 was'Cvalid.f Mr. Blenkhorn stated that
everything was subject to human error. Steve than asked if the Board of Health
would support the test results obtained authorized by the Board of Health. Mr.
Blenkhorn replied that he would "not stick to any figures."
• Attorney Moran then submitted a petition to the Commission containing 620
signatures calling for the closing of the Tidal Gates on summer weekends.
Paul Willis questioned if the clam flats were open. Attorney Moran stated that
he had learned from the Department of Fisheries that individuals could clam there
but the clams cannot be sold.
Attorney Moran also stated that at the present time the 54 families involved were
working to have their "rights" to the beach included in their deeds.
Councillor Daly questioned the mechanical aspects of the gates. John Ahern of
the Parks Commission stated that it takes approximately 10 minutes to open or shut the
gates.
Councillor Daly then inquired why the gates could not be closed from Saturday
morning to Sunday night, thus cutting down the time they would be closed. Attorney
Moran stated that it depended on the timing of the tides. John Adhern stated
that overtime would probably be involved in having someone operate the gates.
After some further discussion, a motion was made by Paul Willis and seconded
by Tony Feeherry to':close the Wetlands public hearing for the Tidal Gates at
10:00 P.M.
Minutes of 9/5/78 Page 6
• The Chairman opened the regular meeting of the ConCom at 10:01 P.M.
It was the consensus of the Commission members that an inspection of Miller
Wharf Marina be scheduled for Tues. , September 12, 1978 at 7:30 P.M.
Brad informed the Commission that a request for an extension of the Order of
Conditions for Miller Wharf has been received. It was the consensus of the
Commission that an in depth review of these Orders of Condition be conducted
at the next regular meeting.
Relevant to comments requested from the Commission relevant to the Wetlands
Flood Hazard Zoning of Trumbly construction, Brad is to obtain further
information from Michael Moniz.
GTE Sylvania
Brad Northrup and Tony Feeherry reported on their meeting with the attorneys from
GTE Sylvania. Brad, in reviewing this project stated that Sylvania has been
informed that their "cooling water" should be taken out of the sewer system.
This would entail 191,000 gallons of water a day being emptied into the North
River instead.
Tony Feeherry stated that the argument being considered by the Attorneys for
Sylvania is that the Wetlands Protection Act is not applicable because there
will be no construction and the land will not be changed. They seem to feel
that the Commission's authority is over the land and not the water.
Brad informed the Commission that Sylvania wishes to have an informal, non-
binding sense of the Commission relevant to what may be required by the
Commission if a Notice of Intent is submitted.
After a brief discussion, it was the consensus of the Commission that a Notice
of Intent will have to be submitted before even an "informal" conclusion
can be reached.
Respectfully submitted,
•
F
ION Co
No Conservation Commission
• 4 Salem, Massachusetts 01970
Telephone )617) 745-5056
nssnc�J
CORRECTED 9/20/78
Minutes of Meeting - August 15, 1978
The Conservation Commission met at One Salem Green on Tuesday, August 15, 1978
at 7:45 P.M. Commission members attending were: Cleti Cervoni, Paul Willis,
Brad Northrup, David DeVoe, James Rienhardt and Brian French.
Commission Members not attending: Anthony Feeherry
Chairman Brad Northrup opened the Wetlands Public Hearing for Salem Acres Inc.
at 7:45 P.M. Joseph Carter of Carter and Towers Engineering Corporation stated
that David DeVoe, Brian French, Cleti Cervoni and Michael Moniz had been present
at an inspection of the planned road construction that will be located in a
wetland area. Brian French pointed out that the proposed road would encroach
on a pond. Brian requested that the road be moved over 20 feet. Attorney
Beatrice pointed out that the Planning Board had already approved of the lo-
cation of that road and that changing the plans at this time would necessitate
going through the Special Permit process again. Attorney Beatrice suggested
that the Order of Conditions that will be issued by the Commission contain
• language that would change the exact location of the road. He also pointed
out that 1121 on the list of conditions relevant to the Cluster Residential
Special Permit issued by the Planning Board gives the Commission authority
to make minor alterations in road location. This condition states that "The
stand of trees at entrance to Phase III loop and extending southwesterly shall be
left standing except those in path of entrance road. After preliminary road
layout on site prior to commencement of construction, the Conservation Commission
shall be consulted so that minor alterations can be made to allow for re-
taining existing vegetation.
Next discussed was a letter dated August 1, 1978 from Carter and Towers to
the Commission relevant to "compensating storage". In this letter it is stated
that "Since compensating storage is a matter of concern to the Conservation
Commission, and since the amount of compensating storage which can be
attained on Parcels 1 and 2 is minimal, we are recommending that Salem Acres
Inc. do no regrading on Parcels 1-and 2 other than the earth removal indi-
cated on the plans to compensate lost storage due to the construction of the
12 inch sewer and Fillmore Road."
Mr. Carter also stated that he will be forwarding a copy to the Commission of the
"erosion control plan" that will be followed during construction. Mr. Carter
also stated that he will be meeting with the City Engineer next week for his a
•
1
Minutes of 8/15/78 Page 2
• approval of some minor invert changes that have come about because of the
elimination of the pond.
Attorney Beatrice reviewed the Commission's requests before their issuance
of an "Order of Conditions" as follows:
1. A plan of the alteration of the wetland relevant to the encroachment
of the road.
2. Erosion and siltation controls to be used.
3. Inclusion of #21 of the conditions for the Cluster Residential Special
Permit in the language of the Order of Conditions.
A motion was made by Brian French and seconded by Jim Rienhardt to continue
the wetlands public hearing for Salem Acres Inc. to Tuesday, September 5, 1978
at 7:45 P.M. The vote was unanimous and the Chairman declared the motion
carried.
Chairman Brad Northrup opened the Wetlands Public Hearing for Mr. George
Kastrinakis at 8:10 P.M. The engineer for the project, Richard Mailhoit,
was present to explain what was intended. Mr. Mailhoit explained that it is the
intent of Mr. George Kastrinakis, proprietor of Stromberg's Restaurant to
correct a serious erosion problem which exists along his property adjacent
to the Danvers River.
Mr. Mailhoit also stated that he felt a formal stability analysis should
not be required. since the design of the seawall is nearly identical and less highly
• stressed than the seawalls in the area. He did say, however, that he would
provide a formal analysis if the Commission requested that he do so.
Brian French questioned if a footing was planned for the wall. Mr. Mailhoit
replied that the existing soil would be adequate.
Brian also questioned if the wall in question would be just a 'dry wall' . Mr.
Mailhoit replied that the wall would be a "placed riprap wall" and would
be constructed according to state specifications. David DeVoe questioned how
the stability calculations would be done for a 'placed riprap' seawall. Mr.
Mailhoit replied it would be based on the sliding of the entire soil mass. It
was the consensus of the Commissioners present that a copy of the State
standards for a placed riprap will would be sufficient to fulfill the
Commission's requirement for stability calculations.
A motion was made by Brian French and seconded by David DeVoe to continue the
Wetlands public hearing for George Kastrinakis to Tuesday, September 5, 1978 at
8:00 P.M. The vote was unanimous and the chairman declared the motion carried.
Determination of Applicability - Soccer Field
The City Engineer was present to explain what was intended. ' He explained that
this project will involve the regrading,loaming and seeding of a 240 feet by
360 feet rectangular piece of land at the rear of McGrath Park on Marlborough
Road to-be used as a soccer field.
•
Minutes of 8/15/78 Page 3
• After a brief discussion, a motion was made b Brian French Y c and seconded b Jim
im
Rienhardt that the Wetlands Protection Act is not applicable to the construction
of a soccer field at the rear of McGrath Park on Marlborough Road.
Wetlands Public Hearing - Tidal Gates
Chairman Brad Northrup opened the public hearing at 8:30 P.M.
Philip Moran, the attorney representing Harbor View Associates, was present and
requested a continuance of the public hearing until September 5, 1978. Attorney
Moran explained that at the present time there was some question of conflict
of interest connected with his representing the Harbor View Association. He
stated that the City Council has passed a resolution that would designate
him as a special employee and that all that is needed at this time is the
Mayor's signature and the issue of conflict of interest will be cleared up.
Steve Sklover, representing the Park Commission, agreed with Attorney Moran
and also requested that the hearing be continued to Sept. 5, 1978.
Brian French inquired if it was clear that the tidal gates should not be
closed until the public hearing is held and an Order of Conditions issued.
Mr. Sklover, speaking for the Park Commission, stated that the gates had
not been closed
on their initiative.t ve. Mr. Sklover, speaking as an Aide to the
Mayor, stated that he could not guarantee if theates would d be closed
before the public hearing.
• Brad Northrup stated that Cit Solicitor,citor, Bill Tinti, has made the recommendation
to Steven Sklover that the gates be kept open until the Order of Conditions
has been issued.
Frank Sweeney, a member of the Harbor View Association, stated that he did not feel, o
since there are only two weekends left in the summer, that it was that important
if the gates were left open or closed.
Stephen Sklover stated that he wanted a letter from the City Solicitor outlining
who has the legal right to determine what is done to the tidal gates. Brad '
Northrup is to call the City Solicitor relevant to this.
A motion was made by Brian French and seconded by Paul Willis to continue the
Wetlands Public Hearing to Tuesday, September 5, 1978 at 8:15 P.M. The vote
was unanimous and the Chairman declared the motion carried.
Determination of Applicability - Salem Willows Pier
Stephen Sklover of the Parks Commission was present to explain what was intended.
He explained that plans had been made to reconstruct the pier as it existed
before the February 6th storm. Steve informed the Commission that Charles Quigley
has drawn the plans and Jean Paul Pelletier of North Shore Dredging will be
the contractor for the project. Steve added that in contacting the Army Corps
of Engineers and DEQE he was informed that they will not become involved as long
• as the project qualifies for Federal Disaster Assistance and is reconstruction
work .
Minutes of 8/15/78 Page 4
• Cleti Cervoni questioned why the Park Commission was in charge of this project
and Paul Willis questioned why the City Engineer had not seen the plans yet.
Steve stated he did not think it was necessary that the City Engineer review all of
the plans for all projects in the City.
It was noted that there were no plans submitted with the "Application for Deter-
mination of the Wetlands Protection Act". Steven Sklover stated that when he spoke
to Joe Antonelli, Joe had said that it was not necessary to submit the plans.
After a brief discussion, a motion was made by Brian French and seconded by
Paul Willis that the Wetlands Protection Act is not applicable to the repair and
reconstruction of the Salem Willows Pier as long as the work is of a "duplicatory"
nature and there is no filling of the shore or the removal of fill from the shore.
The vote was unanimous and the Chairman declared the motion carried.
Blubber Hollow Realty Trust
Mr. Hanson of Blubber Hollow Realty Trust was present to describe what was
intended. Mr. Hanson explained that Blubber Hollow wished to replace a
presently existing building which has been damaged over the years by the
chemicals being utilized. Brad Northrup questioned if the damaged building will
be taken down. Mr. Hanson stated that he didn't know.
Mr. Hanson went on to state that after the Argo Merchant catastrophy, word was
received from the EPA that they now were requiring spill plans in case of an
. emergency. Gallagher Engineering informed Blubber Hollow that the present
building could not provide adequate spill coverage. Mr. Hanson explained
that the new building will house a modernized production facility and some
storage tanks. He added that exterior storage tanks will be eliminated from
the flood plain area of the site by putting them in this building. He also
pointed out that the only buried utilities will be water and sewerage. Both
will be new consturction. Electric power will come in overheadsl.
Paul Willis questioned the leachates that will still be going into the North River
from the old building if it is left intact. Brian French questioned how the
chemicals were now leaching into the North River at the present'' time. Mr. Hanson
replied that the problem now was an improper sewer system which will be corrected
when the new fiber cast pipe is installed.
After some further discussion a motion was made by Brian French and seconded by
Paul Willis that the planned construction of a new sulfonaticn building is within
1m feet of a flood hazard area and therefore subject to the Wetlands Protection
Act. The vote was unanimous and the Chairman declared the motion carried.
Jim Rienhardt requested that Blubber Hollow Realty Trust submit a copy of their
spill plan for the Commission's review. Mr. Hanson replied that he would
forward a copy.
•
Minutes of Meeting - August 15, 1978 Page 5
• The Commission was in that a letter had been received at the Building
Inspector's office!from Arthur Collins of`Heritage Trust III that one of
the building piles had bee`n`built into-the-seawall-.- Because-6f this, their
structural engineer has designed a new beam that represents an alteration from
their original design. After a brief discussion, a motion was made by Brian
French and seconded by Paul Willis that the Wetlands Protection Act is not
applicable to the change in the plans for Heritage Trust II at Pickering Wharf
described in a letter from James VanSickle of Add Inc. The vote was unanimous
and the chairman declared the motion carried.
Nondas Lagonakis
A discussion was held on the inspection that was done by the Commission as well as
Bill Tinti, Michael Moniz, Steve Sklover and Nondas Lagonakis on August 14, 1978.
Brian French pointed out that a verbal agreement had been reached at the inspection
that the fill to be removed would be approximately one-half of the fill that
was placed. After some further discussion a motion was madeby James Rienhardt
and seconded by David DeVoe that Mr. Lagonakis be granted a, 30 day extension
in order for him to submit a Notice of Intent relevant to the removal of the
previously placed fill and the addition of a riprap wall to protect the remaining
embankment as was discussed during the inspection of the filled area on
August 14, 1978. The vote was unanimous and the chairman declared the motion
carried.
Correspondance and Communications
Paul Willis will further investigate the communication relevant to Sea
Plantations.
James Rienhardt will meet with Cheri Cooper relevant to the Master Plan.
Respectfully submitted,
•
N Co
e`P,S�O '
C Nz Conservation Commission
Salem, Massachusetts 01970
�FyL1 Jy�` Telephone (617) 745-5056
AS
CORRECTED
CORRECTED 9/20/78
Minutes of Meeting — >
August 1 1978
g
. The Conservation Commission met at One Salem Green on Tuesday, July 18
1978 at 7:45 P.M. Commission members attending were: Cleti Cervoni,
Jim Rienhardt, Brian French, Brad Northrup, Tony Feeherry and David DeVoe.
Joseph Antonelli also attended.
Commission Member not attending: Paul Willis
Chairman Brad Northrup opened the public hearing for Salem Acres, Inc. at
7:4S P.M. Brad informed the Commission that the engineer for the Pickman
Park development had been unable to complete the requested calculations
relevant to storage capacity or complete the staking of the road in the time
since the last public hearing. A motion was made by Jim Rienhardt and seconded
by Brian French to continue the Wetlands public hearing for Salem Acres
on August 15, 1978 at 7:45 P.M. The vote was unanimous and the Chairman
declared the motion carried.
• - - -
Correspondance .and .Communications
Joe Antonelli noted that Mr. Carter of Carter and Towers has informed him that
the road will be staked by August 9, 1978. It was the consensus of the
Commission that they meet at Brian French's house at 7:30 P.M. and view the
site of the road.
A copy of a cease and desist from the Army Corps of Engineers to Mr.
Gene Pelletier of North Shore Dredging has been received by the Commission.
The trustees of Heritage Trust II had informed the Army Corps of Engineers that
Mr. Pellitier has installed six new piles in Salem Harbor for barges in the same
area covered in a permit issued to Heritage Trust II.
Fred Sullivan of the Marblehead ConCom has written to the Commission stating
that the Marblehead ConCom are "opposed to anything which will upset the
ecological balance of the area."
Brad Northrup informed the Commission that he has written Mary Ellen Pelletier
a letter of appreciation from the Commission
David DeVoe and Brad Northrup attended a seminar in Danvers relevant to new
regulations for CZM and the Wetlands Protection Act. David pointed out that the
Minutes of 8/1/78 Page 2
• changes will increase the technical requirements for the Order of Conditions.
David also pointed out that a workbook will be issued to help the commission
in dealing with the new requirements. Brian French pointed out that the
new regulations would virtually eliminate the filling of salt marshes.
The Commission was informed that the position of Conservation Aide was posted
with CETA a week ago.
George Kastrinakis
Joe Antonelli informed the Commission that the stability calculations for the
proposed seawall have not been received yet. Joe is to call the engineer for
the project, Mr. Mailhoit, for this information. Brian French requested that
Joe ask if Mr. Mailhoit intends to use cement or is it to be a rubble wall.
In reviewing Mr. Kastrinakis' Wetlands/Flood Hazard Special Permit application
with the Planning Board, it was the consensus of the Commission that the
following comments be included:
1. Elevations should be shown.
2. Is this a rubble wall or a stone and mortar wall?
3. The wall should preferably have a footing.
4. The Commission always requires a stability calculation to demonstrate
that the wall will withstand the loading.
• A motion was made by Jim Rienhardt' and seconded by Brian French that a Wetlands
Public Hearing be scheduled for August 15, 1978 at 8:15 P.M. The vote was
unanimous and the chairman declared the motion carried.
Helen Pauline Derflinger
David DeVoe explained that Mr. Derflinger's original design for the reconstruction
of his seawall called for a concrete block wall cemented together. After the
stability calculations for the wall were done, Don Curran, the contractor for
the project , decided to change the design based on the results of the stability
calculations. The new design for the wall will eliminate the concrete and
12 steel rods will be sunk in the footing. David stated that the space
between the blocks will replace the original weepholes.
Joe Antonelli stated that a copy of the new design will be filed with the original
Notice of Intent. Brian French noted that._in_the futu_r_e_ , stability calcujations.
should be obtained before the hearing is closed.
_...
Andrew Ginkus
The stability calculations for the reconstruction of the Ginkus' wall were
reviewed. In the review of the stability calculations several discrepencies
were noted including the width of the wall, the material to be used and
the solidness of the wall. Joe Antonelli is to contact Mr. Bouffard with
these questions.
. In preparing the "Request for Review Comments" for the Planning Board relative to
this seawall reconstruction the questions raised previously were noted and included
in the comment sheet.
-.A
Minutes of 8/1/78 Page 3
Nondas Lagonakis
The Commission has received an aerial-photo of Mr. Lagonakis' property as it existed in 1' i :
1977. Alan Randell of the_ Army Corps of Engineers has also informed the Commission
that ;:he feels that the aerialtphoto of the property will serve as the input
from the Army Corps in the establishing the line for the removal of fill. It
was the consensus of the Commission that Commission members meet to view the
site on Monday, August 14, 1978 at 7:30 P.M.
UDAG
David Lash of the Planning Department informed the Commission that the City has
just received an UDAG grant .in the amount of 1.9 million. He pointed out that
at this point he does not know which parts of th original grant proposal are
being included in the 1.9 million. At this point he thinks that the money will
be primarily for the housing rehabilitation program and will not include the
South River park or the work proposed for Derby St.
David also informed the Commission that the Planning Department will be
submitting a Urban Self Help Grant proposal for the South River area. He
stated that a proposal could not be submitted for the Forest River until
the appraisals are completed.
He next informed the Commission that the Planning Department is also submitting
2 proposals for funding by CZM. One would be a proposal for $30,000 from
surplus funds through the Federal CZM Program. The other is a $20,000 grant
• proposal through the state CZM Program. Both proposals are for the South River
Waterfront area. It would consist of site analysis, schematic designs and construc-
tion cost estimates for a proposed 6 acre park and recreation area, seaside walkway
and public marina to be located on Salem's downtown waterfront. David asked
if the Commission would write a letter of endorsement to be included with the
$20,000 CZM Grant Proposal. It was the consensus of the members present that a
letter of endorsement be written.
Forest River
Brad Northrup questioned the endorsement letter relative to the Order of Taking
for the Forest River Conservation Area. After a brief discussion, it was
decided that David Lash would prepare a`,chronological. review of the events from
3 months before the land taking for the Commission to review and vote upon.
A brief discussion was next held relative to the second round funding for the Forest
River Conservation Area. David suggested that since the second phase consists of
primarily land in the buffer zone it would probably be advisable to speak
to the individual owners before any decisions are made. David also pointed out
that development money will also be included in the second phase.
David also informed the Commission that a sign is needed for Loring Ave. for the
Conservation area. Cleti is to work with David in establishing the wording
and design for the sign.
cr
Minutes of 8/1/78 Page 4
• Soccer Field
The City Engineer was present to discuss a proposed soccer field to be located
at the rear of McGrath Park on Marlborough Road. The project will involve
the regrading, loaming, and seeding of a 240 feet by 360 feet rectangular
piece of land to be used as a soccer field. There are no permanent structures
to be erected during this project.
Tony explained that the land for the proposed field involves part of the
buffer zone. He also explained that the project will be funded 'by CETA with no
cost to the City. The City, however, will do the grading.
Brad Northrup questioned whether there were any plans for parking. Tony stated
that there would be no parking in the buffer zone and that the parking would
be off the existing road. Tony will complete a "Request to Determine Applicability"
for the next Commission meeting.
Tidal Gates
Chairman Brad Northrup read a letter from the Mayor which stated that he has
"ordered the Park Department, to close the gates for the upcoming week ends."
This will allow the area residents to make use.of the beaches while the final
decision is being formulated."
Councillor James Daly stated that he has spoken to the Pickman Park Association
and they feel that if the gates were fixed then it would improve the quality of
their beach. David DeVoe stated that if the gates were repaired the quality of
the water would go down, not improve. Tony Fletcher pointed out that even with
the siphon installed, there is still sewer filltration going to the beach area.
He also stated that a test taken at 10:00 A.M. could have very different
results from a test taken at a different time. He further stated that he, as
well as some of the Commissioners and members of the Board of Health have
testified in court relative to the condition of the water in that area and
he felt that the closing of the gates would contradict their court testimony.
Tony agreed to test the water in three locations in that area each day and
present the results at the Wetlands public hearing for the Tidal Gates.
After some further discussion, a motion was made by Brian French and seconded
by David DeVoe that a Wetlands hearing be held for the Forest River Tidal Gates
on August 15, 1978 at 8:30 P.M. The vote was unanimous and the Chairman
declared the motion carried.
The meeting was adjourned at 10:15 P.M.
Respectfully submitted,
,,,.XON Co
z Conservation Commission
• N Salem, Massachusetts 01970
Telephone (617) 745-5056
yASSPC�
CORRECTED 9/20/78
Minutes of Meeting - July 18, 1978
The Conservation Commission met at One Salem Green on Tuesday, July 18,
1978 at 7:45 P.M. Commission members attending were: Cleti Cervoni,
Brad Northrup, Brian French, Paul Willis, Tony Feeherry, David DeVoe
Commission Members not attending: James Rienhardt
Chairman Brad Northrup opened the Public Hearing for Salem Acres Inc. at
7:45 P.M. Mr. Carter, of' Carter & Towers Engineering Corp. , and Attorney
Peter Beatrice, the Attorney for the developers were present to explain
what was intended. Chairman Brad Northrup explained that Paul Willis,
Cleti Cervoni and Mario Triconi had walked the property in question.
Brad Northrup first questioned the pond area near Jefferson Ave. He
questioned if the creation of this pond was optional. Attorney Beatrice explained
that in speaking to the abutters of the area it was felt that this pond
would cut down on the rodent population and also provide a recreational
• outlet that was desired by both the Planning Board and the Conservation
Commission. Brad then questioned if there were conservation restrictions
associated with this pond. Attorney Beatrice replied that the Conservation
Restrictions were contained in the Cluster Residential Special Permit that was
issued by the Planning Board in December of last year.
Brad also pointed out that Eillmore Road does touch some of the wetland
area. Mr. Carter stated that the peat level in this area ranged from
8.7 to 11. 7 and that those portions connected with the road would be
1 brought to a level of 2.
Brad also expressed additional concern about the drainage from the road that
swings by the pond detailed on Sheet 4. Mr. Carter explained that the drainage will
end up in the Forest River not the pond.
Paul Willis expressed concern relevant to the noise from the trains which
will affect the housing shown on Sheets 24 and 26. He questioned what
kind of noise abatement was being considered. Mr. Carter explained
that the architect for the subdivision was not present and that that would
be a question for him to answer.
Brian French suggested that the invert of the drainage at ground elevation
be determined for the outflow relevant to the small pond. He also suggested
that stakes be placed from the extension of Pickman Road with special emphasis
in staking the middle of the portion of the road that will lie in a
wetland area.
• In discussing the 'optional' pond near Jefferson Ave, Brian pointed out that it
will silt over again in a matter of a few years. Brian also pointed out that the
elevations by this pond do not match the elevations established in the `
South River Flood Control project report. Brian asked to see the calculations
f
Minutes of 7/18/78 Page 2
that were done to arrive at the elevations established by Carter &
• Towers. He also asked to see the calculations for the storage area.
Mr. Carter then asked if the Conservation Commission wanted the
'optional' pond eliminated, because if they did, than the calculations
relevant to its storage capacity would be irrelevant. Discussion
next followed as to the advisability of eliminating this ponder Cleti _
Cervoni reiterated that there would be a major amount of ,fnaintenance J
necessary to keep the pond from silting in. After further discussion
relevant to the scenic value of the proposed pond and the ecosystem of. the
area, it was the consensus of the commission to eliminate the pond. Mr.
Carter then stated that there would have to be some dredging to the side
to compensate for the storage and that the calculations would be based on
that. Mr. Carter also stated that the staking requested by the Commission
could be accomplished within 2 weeks.
Phyllis Olbrych of 6 Patton Road questioned if Salem Acres Inc. were legally
allowed to apply for an Order of Conditions under the Wetlands Protection
Act before they obtained the other necessary permits. Brad Northrup
explained that recent changes in the Wetlands Protection Act allows for
parallel submittals.
Ms. Olbrych also questioned the "dangerous noise levels" in some areas
of the proposed subdivision. Brad pointed out that, although the
Commission is concerned about the possible noise levels, it is not under
the Commission's jurisdiction.
• Phyllis than questioned when the Notice of Intent was submitted. Brad stated
that it was submitted on July 5, 1978.
Brian French questioned if the City Engineer had approved of the sewer line
that will go across the B & M Railroad tracks. Attorney Beatrice pointed out that
Mr. Fletcher did testify in favor of the subdivision during the recent court case
involving the Planning Board. He also stated that he would talk to Mr.
Fletcher about this specifically.
It was the consensus of the Commissioners that they inspect the area to be
staked on Thurs. , July 27, 1978 at 7:30 P.M.
A motion was made by Paul Willis and seconded by Brian French to continue the
Wetlands Public Hearing for Salem Acres, Inc. on Tuesday, August 1, 1978
at 7:45 P.M.
Chairman Brad Northrup closed the public hearing at 8:35 P.M.
Chairman Brad Northrup opened the regular meeting of the Conservation Commission
at 8:36 P.M. with a quorum present.
•
Minutes of 7/18/78 Page 3
• Update on Filling Violation - Nondas Lagonakis
A brief discussion was held relevant to recent events involving g the illegal
fill at 5 Bridge St. The Commission reviewed the letter from the Building
Inspector of June 30, 1978 which stated that Mr. Lagonakis was in
violation of the Salem Zoning Ordinance and that Mr. Lagonakis had until July
31, 1978 to remove the fill to the line of the original embankment or
submit a Special Permit application to the Planning Board relevant to the
work that has been done.
It was also stated that at the Planning Board meeting of July 6, 1978
the Planning Board voted to request the Zoning Enforcement Officer to
grant an extension to Sept. 1, 1978 for Mr. Lagonakis to correct this
Zoning violation with the following two conditions:
1. The violation is corrected by removing the additional fill to the
line of the original embankment as it existed prior to the February
6th storm. The exact location of this line will be determined by a
cooperative effort between the Army Corps of Engineers and the
Salem Conservation Commission.
2. That Mr. Lagonakis meet with the Conservation Commission relevant to their
requirements under the WetlandsProtection Act. This will include
filing a Notice of Intent with the Conservation Commission.
It was the consensus of the Commission that the Commissioners with a
• representative from the Army Corps of Engineers and Mr. Lagonakis meet
at 7:30 P.M. on July 31, 1978 to determine the line of the original
embankment.
Special Permit Comments on George Kastrinakis and Andrew Ginkus
After a brief discussion it was the consensus of the Board members present
that these comments be made at the next regular meeting of the Commission.
CZM Special Assistance Funding
It was noted that the first round of funding for a CZM grant will be
submitted and will be a South River WaterfrontProject. Brad is to speak to
Nancy Kepes relevant to . a future grant .proposal for the Harbor Islands.
Conservation Assistant Position
Brad Northrup will be pursuing the position of Conservation Aide with CETA.
He noted that he has mailed the job description to two local colleges.
Hewitt Construction Co. - Clark St.
Joe informed the Commission that a complaint has been made by Mrs. Agnes
George relevant to the dumping of materials on Mr. Hewitt's property on
Clark St. Mr. Hewitt has been given permission to dump rock up to the
• buffer zone on his property. Joe asked that Commission members view the
site to insure that Mr. Hewitt .is dumping in the appropriate area.
Minutes of 7/18/78 Page 4
Tidal Gates +
Cleti Cervoni reported on the Board of Health meeting she attended. Cleti
explained that Marty Fear who did the testing for the Board of Health reported
to the Board the inadequacies of the testing that was done. Mr Fear also stated
at the Board of Health meeting that because this concerns a private beach the
Board of Health could not rule on the position of the gates. The
Board of Health did vote, however, that the water quality in that area is at
a safe level using state standards and that the Board of Health has no
objections to the tidal gates being closed. A Notice of Intent will have to be
now submitted by the Parks Commission before any further action can be taken.
Financial Report
Joe reported that the warrant for June was in the amount of $585.03. He
added that $1,034.24 was held over for the next fiscal year.
Correspondence and Communications
Cleti reported that she has received a list of birds found in Salem from
Cheri Cooper to be used in the Environment Section of the. Master Plan.
Cleti will add to the list and advise that Cheri contact Sally Ingalls
of the Peabody Museum for further information.
• Paul Willis questioned what plans were being made for the reconstruction
of the Willows Pier. Tony Fletcher explained that John'Ahern-`of the
Parks Commission has the plans for the reconstruction of the pier. Joe
will contact Mr,
.Ahern to this.
Respectfully submitted,
•
6A
r
w
p, ,Xo COMM
z Conservation Commission
Salem, Massachusetts 01970
• 9��� 5 Telephone (617) 745.5056
ASSPC�J
CORRECTED 9/20/78
Minutes of Meeting - July 5, 1978
The Conservation Commission met at One Salem Green on Wednesday, July 5,
1978 at 8:00 P.M. Commission members attending were: Cleti Cervoni,
Paul Willis, Brad Northrup and Brian French. Joseph Antonelli also
attended.
Commission Members not attending: Tony Feeherry, Jim Rienhardt and
David DeVoe.
Chairman Brad Northrup opened the Wetlands Public hearing for James
Michaud of 140 Bayview Ave. at 8:00 P.M. Attorney Robert Ledoux, repre-
senting the Michauds, was present to explain what was intended. Atty.
Ledoux explained that the Michauds propose to repair their seawall which
was severely damaged during the February storm. Atty. Ledoux noted that Mr.
Rice (contractor) and Mr. Rumpf (engineer) were also present to answer
any questions relevant to the project.
Mr. Rumpf explained that the top of the wall had been "wiped out"
• and that the soil behind the wall had eroded. He also stated that there
was no reason to do any work on the existing base or footing. He also
stated that he would be backfilling the area behind the wall that has
eroded.
Commission members next considered the plans and Brian French commended
Mr. Rumpf on the completeness of the calculations.
A motion was made by Brian French and seconded by Cleti Cervoni to adjourn
the public hearing at 8:15 P.M. The vote was unanimous and the Chairman
declared the motion carried.
Chairman Brad Northrup reopened the regular meeting of the Conservation
Commission'with a quorum present at 8:16 P.M.
A motion was made by Paul Willis and seconded by Cleti Cervoni to accept
the minutes of June 20, 1978 as corrected. The vote was unanimous and the
chairman declared the motion carried.
Correspondance and Communications
Notice has been received from the City Clerk stating that Anthony Feeherry
has been approved by the City Council to serve on the ConCom.
•
Minutes of 7/5/78 Page 2
• Brad Northrup stated that he has sent the job description for the position
of Conservation Aide to Essex Aggie. It was also the consensus of the
members present that Brad investigate the possibiity of adding the re-
quirement of a college degree to the fob description for Conservation
Aide.
.Joe Antonelli informed the Commission that he has spoken to Mr. George
Hall representing Jason Cortell & Associates relevant to any regulations
that the City of Salem might have regarding the use of the Salem Harbor
Islands. Joe further explained that Mr. Cortell is involved with a pro-
ject that is putting together an environmental assessment suggesting a
possible change in the location of the outfall emanating"from the SESD.
Joe is to write to Jason Cortell and Associates with further information.
Joe also informed the Commission that Bill #1420 now being considered by
the State legislature which would supersede the original Scenic Rivers
Act is still in committee and is expected to stay there.
A letter has been received form the Conservation Foundation requesting that a
questionaire relative to the importance of the waterfront to Salem's historic,
cultural or economic heritage be completed. Joe Antonelli is to complete
this questionnaire.
The Legilative Committee on Natural Resources is now in the process of doing
a study of ConCom's. Brad Northrup is to complete this questionnaire'. k,
• The ConCom was informed that CZM is currently accepting grant proposals
until July 31, 1978 for this round of funding. The next funding cycle
deadline will be October 31. Brad Northrup explained that the maximum
amount of these grants is $25,000 with a 20% match. Jim will further
investigate the possibilities of this funding. The Commission members
next discussed various possible projects utilizing this funding. Some of
the projects mentioned was a natural resource inventory of the Harbor
Islands or a feasibility study of Salem's coast relevant to future moorings
and marinas.
Determination of Applicability - Salem High School
The Commission next considered a determination of applicability submitted
by the Salem School Department relevant to "corrective work to be performed
at the entry Roadway and abutting playfield areas". The School department
is proposing to widen the access roads and fields.
Brad Northrup, Brian French and Joe Antonelli have viewed the site for the
proposed work. Brad stated that the area is wet with seepage and that the
School Department is planning to use fill for this project obtained
from the site of the new overpass. Brian stated that there could be
drainage problems resulting from this filling and he noted that the abutters
have not been notified. After a brief discussion, a motion was made by
Paul Willis and seconded by Brian French that the Wetlands Protection
. Act is applicable to the work outlined in the "Request to Determine
Applicability of the Wetlands Protection Act" submitted by the Salem School
Department and received by the Commission on June 27, 1978. The vote
was unanimous and the Chairman declared the motion carried.
Minutes of 7/5/78 Page 3
It was also the consensus of the members present that the cover letter
accompanying this Determination of Applicability explain that the Commission
in requesting the filing of a Notice of Intent to establish:
1. how much fill is to be used in the action_ proposed---
2. what kind of fill(the"physical make up) is to"be used in -the proposed
action.
3. what consideration is being made for the drainage and culvert in the
area.
Order of Conditions
Andrew Ginkus
Conditions to be included in the Order of Conditions for Mr. Andrew Ginkus
were next considered. After a brief discussion a motion was made by Paul
Willis and seconded by Brian French to issue an Order of Conditions to
Mr. Andrew Ginkus of 16 Glover St. with the following conditions:
a. All work shall be in accordance with the drawing submitted to the
Conservation Commission prepared by registered engineer Mr. John F.
Burns, Jr. of Northeast Engineering and Survey Inc. , of 15 Chestnut
St, Peabody, MA. These plans have been stamped and dated.
b. All debris from the collapsed wall and all construction material for
• the new wall shall be removed from the tidal flats adjacent to the
property.
c. The new wall shall not extend beyond the line of the previously existing
wall.
d. Stability calculations and elevation of the top of the wall shall be
submitted to the Conservation Commission prior to the start of construction
at the site (16 Glover St. , Salem MA ) .
The vote was unanimous and the chairman declared the motion carried.
James Michaud
Conditions to be included in the Order of Conditions for Mr. James Michaud
were next considered. After a brief discussion a motion was made by
Paul Willis and seconded by Brad Northrup to issue an Order of Conditions to
Mr. James Michaud of 140 BayView Ave. with the following conditions:
a. All work shall be done in accordance with the drawings prepared by
Mr. Robert M. Rumpf, dated June 26, 1978, and titled "sea wall restora-
tion for Mr. and Mrs. James R. Michaud, and signed accordingly.
b. Weep holes shall be placed at as low an elevation as possible during the
reconstruction of the sea wall.
c. All temporary and excess materials shall be removed from the seaward
side of the wall following reconstruction of the wall.
•
Minutes of 7/6/78 Page 4
• Thomas Hanlon
Conditions to be included in the Order of Conditions for Mr. Thomas Hanlon
were next considered. Differing opinions relevant to the use of "eroded
soil" or "beach material" as backfill were expressed by several members
of the Commission. After discussion was held, a motion was made by Paul
Willis and seconded by Brad Northrup that an Order of Conditions be issued
to Mr. Thomas Hanlon . with the following additional conditions:
The work done shall be in accordance with the site plan and drawings
prepared by Mr. Vortan T. Mooradian, signed and dated May 23, 1978, and
submitted to the Salem Conservation Commission. The total length of this
seawall is to be forty feet (including the remaining wall and the proposed
reconstruction) from the end of the yard line. All workis to be done with
the tide. A protective erosion shield will be placed along the entire
length of the seawall on the ocean side only. The granite rock slabs
now on the beach are to be removed and placed as a dry wall on the lot to
the right of the houlse. Upon completion of the reconstruction all equip-
ment and surplus materials shall be removed from the site, including mortar
and any debris accumulated thereon. No materials from the beach shal be used
for the backfill.
Notice of Intent - Salem Acres Inc.
A Notice of Intent has been received from Salem Acres Inc. relevant to
• the Pickman Park Subdivision. It was the consensus of the Commission that
a Wetlands Public Hearing be held Tues. , July 18, 1978 at 8:00 P.M.
Open Space Update
Joe Antonelli explained to the Commission members that Cheri Cooper of the
Planning Department is requesting some information relevant to the map
created for the Conservation, Open Space and Recreation Plan Update.
Joe Antonelli will present and map and explanatory information to Cheri.
Cheri will also be invited to attend the meeting relevant to the map
to be held Thursday, July 13, 1978.
Financial Report
The Commission was informed that $1,000 from the FY78 budget will be carried
over to the FY79 budget.
Harbor Islands Update
Brad Northrup stated that he will be requesting a written legal opinion
from the City Solicitor relevant to right of access to the Islands if
custodianship of the Islands is granted to the Commission.
•
Minutes of 7/5/78 Page 5
• Forest River
Brian French requested that any management plan for the Forest River
conservation area should be presented to the Commission before they are
submitted for funding.
Brad Northrup stated that David Lash has requested a letter from the Com-
mission stating that the Commission confirms the action taken on behalf
of the Conservation Commission by the Planning Department relevant to
the land takings in the Forest River area. Action will be taken on this
at the next ConCom meeting.
The meeting was adjourned at 10:20 P.M.
•
Respectfully submitted,
\O\ CQ11t
�i
'- -Conservation Commission
Salem, Massachusetts 01970
'<F� may`' 4hone (617( 745-5056
�41ASSP�t� AUGUST 1 , 1978
AGENDA
WETLAND HEARING ( CONTINUATION ) - SALEM ACRES, INC.- PICKMAN PARK
TO BE RESCHEDULED FOR AUGUST 15, 1978 AT 7:45PM
MINUTES TO BE ACCEPTED FOR JULY 5, 1978 , AND MINUTES TO BE
DISTRIBUTED FOR JULY 18, 1978
CORRESPONDENCE AND COMMUNICATION
MR. GEORGE KASTRINAKIS- STROMBERG'S RESTAURANT -2 BRIDGE STREET, SALEM
ACCEPT NOTICE OF INTENT, SET HEARING DATE AND RESPOND TO
" SPECIAL PERMIT" COMMENTS.
DAVE LASH WILL SPEAK ON THE SOUTH RIVER WATERFRONT PARK PROPOSAL
FOR C.Z.M. "SPECIAL FUNDING"
TONY FLETCHER WILL ADDRESS ISSUE OF THE PROPOSED SOCCER FIELD OFF
MARLBOROUGH ROAD, SALEM.
(ALSO , INFORMATION NEEDED ABOUT SEWER CROSSING-PICKMAN PARK)
` ""'ABILITY CALCULATIONS FOR DERFLINGER AND GINKUS- DAVE DEVOE
HONDAS LAGONAKIS - 9 BRIDGE STREET, SALEM -SET INSPECTION FOR
PROP ERTY BOUNDARY
TIDAL GATES DISCUSSION- SET DATE FOR PUBLIC HEARING AFTER ACCEPTING
THE NOTICE OF INTENT FROM PARK DEPARTMENT. ( MAYOR'S LETTER) .
TO ALL COMMISSIONERS : THANK YOU ALL FOR A WONDERFUL YEAR AND
EXCELLENT OPPORTUNITY TO SEE .IT FROM THE INSIDE: : : : :
-------Joe
, %ON CO,{�'
Conservation Commission
U
N x Salem, Massachusetts 01970
9�FyL) J5 Telephone (6171745-5056
NASSPG�
July 18, 1978
AGENDA FOR SCHEDULED MEETING
WETLANDS HEARING
PICKMAN PARK (SALEM ACRES , INC.) DEVELOPMENT
MINUTES TO BE DISTRUBUTED FROM JULY 6, 1978 MEETING - SUSAN
CORRESPONDENCE AND COMMUNICATIONS - JOE ET. AL
UPDATE ON FILLING VIOLATION -MR. NONDAS LAGONAKIS - 9 BRIDGE STREET SALEM
LETTER FROM ZONING ENFORCEMENT OFFICER
"SPECIAL PERMIT" COMMENTS ON MR: GEORGE KASTRINAKIS (STROMBERG'S RESTAURANT)
3 BRIDGE STREET , SALEM
" SPECIAL PERMIT " COMMENTS ON MR. ANDREW GINKUS -16 GLOVER STREET ,SALEM
CZM SPECIAL ASSISTANCE FUNDING PROPOSAL- SOUTH RIVER WATERFRONT PROJECT - JOE ET AL
MASTER PLAN MAP REVIEW - JOE ET AL
CONSERVATION ASSISTANT POSITION -JOE ET AL
HEWITT CONSTRUCTION - CLARK STREET - COMPLAINTS FROM NEIGHBORS -JOE
TIDAL GATE MEETING WITH THE BOARD OF HEALTH - CLETI
I� FINANCIAL REPORT FOR END OF FISCAL YEAR- DAVE
JFA SUBMITTED BY:
( ' r ION CoM�'
�No Conservation Commission
Salem, Massachusetts 01970
' '�FyL1 Jy Telephone (617) 745.5056
yASSPC�
CORRECTED 7/5/78
Minutes of Meeting - June 20, 1978
The Conservation Commission met at One Salem Green on Tuesday, .June 20, 1978
at 7:30 P.M. Commission members attending were: Brad Northrup, Brian
French, Cleti Cervoni, James Rienhardt, Paul Willis, David DeVoe. Joseph
Antonelli also attended.
Chairman Brad Northrup opened the continuation of the public hearing for
Mr. & Mrs. Andrew Ginkus of 16 Glover St. at 7:35 P.M. Mr. Bouffard of
Northeast Engineering and Surveying Co, Inc. was present to explain what
was intended. He explained that the seawall would have a concrete base
and would be a 'gravity wall . He also noted that the elevation of the
wall would be 11 ft, mlw and not 15.36 ft. mlw as established for the 100
year flood. Mr. Bouffard stated that if the wall was at 15.36 ft. mlw
"water would be trapped in the back yard of the property". Mr. Bouffard
also noted that he did not include 'weepholes' in the plan since the
"properties around the wall are free draining."
Paul Willis questioned if the stability calculations for the seawall were
• completed. Mr. Bouffard stated that the calculations were not completed
because it would take a considerable amount of time to do the soil testing
involved. It was explained to Mr. Bouffard that "these calculations should
be based on assumptions of physical properties obtained from engineering
and only major projects should require soil testing. Mr. Bouffard stated
that he would submit the calculations by June 23, 1978. Brad Northrup also
noted that the "Regulations for all Applications for the Construction and
reconstruction of Seawalls" should probably be- amended so that the extent
of the 'stability calculations' is clearly delineated.
A motion was made by Paul Willis and seconded by Jim Rienhardt that the
continuation of the public hearing for Andrew Ginkus be closed at 7:50 P.M.
The vote was unanimous and the Chairman declared the motion carried.
Chairman Bradford Northrup opened the Wetlands public hearing for Mr.
Thomas Hanlon at 7:51 P.M. Don Curran, the contractor for the project,
explained that the Hanlons wish to repair their seawall which suffered
storm damage as a result of the Feb. 6th storm. He explained that 6 or 8
feet of the original wall is still standing and that the seawall being
proposed will be a free standing wall, double faced fieldstone and will
be connected to the remaining wall.
Brad Northrup questioned what equipment will be used for the project. Mr.
Curran replied that the "work would be done with the tide."
Ms. Cervoni questioned if any work was planned on the adjoining lot to
the right of the Hanlon house, also owned by the Hanlons. Mr. Curran
explained that this lot had also suffered erosion and that the Hanlon's
proposed to take the granite that is already there and stand it up to make
a dry wall 6 to 8 feet high and then to backfill what has eroded. He
explained that the fill would be taken from the eroded soil that is now
Minutes of 6/20/78 Page 2
on the beach.
A motion was made by Cleti Cervoni and seconded by James Rienhardt to close
the public hearing at 8:00 P.M. The vote was unanimous and the Chairman
declared the motion carried.
Chairman Brad Northrup opened the regular meeting of the Conservation
Commission with a quorum present at 8:01 P.M.
Forest River Tidal Gates
Walter Szczerbinski, Acting Health Agent, was present to discuss the Forest
River Tidal Gates. He stated that Mr. Jeffries and Mrs. Panzini had
talked to him and that at the June 13, 1978 meeting of the Board of Health
it was decided that the water in the area of the Forest River Tidal Gates
would be tested with the gates closed and then with the gates opened,
Mr. Szczerbinski informed the Commission that he thought that chemical
leachates`from the old incinerator site were being carried down to that
area, but that the Health Department was not in a position to do testing
for chemicals. The tests done by the Health Department were for fecal
coliform. Mr. Szczerbinski explained that the test results that have
been taken with the gates closed could not be considered conclusive since
it was found that the gates, when closed, leak quite badly.
Brad Northrup explained to Mr. Szczerbinski that at previous discussions
• of the tidal gates it was the consensus of the Commission as well as the
Waterways Advisory Board, Recreation Department ', Parks Commission 'and.'the
ti Marblehead ConCom that the gates remain open.
Mr. Szczerbinski stated that in addition to the tests being inconclusive
because of the condition of the gates, he also thought that any test
results of the area would be inconsistent because at different times
different pollutants could be carried to the area. Mr. Szczerbinski
also stated that during the summer months testing is done at all public
beaches in Salem, but not private ones.
Jim Rienhardt questioned what Mr. Szczerbinski felt would be the action of
the Board of Health at their next meeting. Mr. Szczerbinski stated that
he could not predict the Board of Health's action, but that he would
explain his reasons for his considering any of the test results inconclu-
sive. He will also point out that if the gates are repaired the tests would
have to be repeated and that there was a possibility that the rat population
in the area would be disturbed causing problems elsewhere.
Paul Willis questioned why there was no testing being done relevant to
turbidity._ Mr. Szczerbinski stated that a disc couldn't be placed since
the turbidity was -high. '
' Minutes of 6/20/78 Page 3
Mr. Szczerbinski stated that the results of the test would be discussed at
the July 11th meeting of the Board of Health. This meeting will begin at
6:00 P.M. and Brad Northrup and Cleti Cervoni will attend.
A motion was made by Brian French and seconded by Paul Willis that a letter
be sent to the Park Commission reiterating the Commission's position, as
the managing body of the surrounding land, against the closing of the Forest
River Tidal Gates. The letter will also state that if a recommendation is
made to open the gates than a Notice of Intent will have to be filed with
the ConCom and a Wetlands public hearing will have to be held. The vote
was unanimous and the Chairman declared the motion carried.
Copiesof this letter will be sent to the Board of Health, Director of Recre-
ation, Superintendent of Park and Shade Trees, Waterways Advisory Board,
Marblehead ConCom and the Mayor.
A motion was made by Jim Rienhardt and seconded by David DeVoe to accept
the minutes of June 6, 1978 as corrected. The vote was unanimous and the
Chairman declared the motion carried.
Requests for Determination of Applicability
Linda Gallagher
In reviewing Mrs. Gallager's "Request to Determination Applicability of the
Wetlands Protection Act" it was noted that the Gallagers propose to level
• excess sand from a previous excavation at 38 March St, by spreading it
on the beach section of 36 and 38 March St, in order to improve the
appearance of"the property.
It was noted that during the inspection by Commission members of this
property it was discovered that there was a property dispute between the
Gallaghers and Mr. Grant of 40 March St. David DeVoe pointed out that the
dispute is over beach rights and is not of concern to the Commission rele-
vant to the Wetlands Protection Act.
The Commission next discussed the limits to be delineated as to the spread-
ing of the sand.�A.motionwas made by -Brian-French and secon_de_d,by Paul,
1 Willis__that the ,Wetlands Protection Act is not..applicable to the spreading of
proposed by Linda Gallagher
, the sand at theebeach."at the end .of 36-38 March:St
�-of--.38—March _in=hdL"'Request to ,Determine_Applicability of the,Wetlands 'Pro-
tection Act" received by the Commission on June 13, 1978, on the condition
'.hat this grading of snad will be placed only from the edge of the fence and actual
yard lines to, but not including, the marsh grass. In addition only the sand that is
now accumulated on the rear side of 38 March St. is to be used in the grading-
on the beach. The vote was unanimous and the Chairman declared the motion
carried.
Minutes of 6/20/78 Page 4
• George & Evangelia Kastrinakis
After a brief discussion, a motion was made by Paul Willis and seconded by
James Rienhardt that the Wetlands Protection Act is applicable to the
seawall construction proposed by George Kastrinakis at his property
at 2 Bridge St. The vote was unanimous and the Chairman declared the
motion carried.
Robert Yates
The Commission next discussed the "Request to Determine Applicability"
for Robert Yates of 53 Osgood St. This property was inspected by various
members of the Commission and it was explained that Mr. Yates proposes to
repair his wooden seawall which suffered storm damage as a result of the
Feb. 6th storm. After a brief discussion, a motion was made by Paul Willis
and seconded by Cleti Cervoni that the Wetlands Protection Act is not
applicable to the repairs to the existing wooden seawall at 53 Osgood
St. that were covered in the Request to Determine Applicability" of
Mr. Robert Yates. The vote was unanimous and the Chairman declared the
motion carried.
Wetlands Violation
Joe Antonelli-explained- that Nondas Lagonakis is in violation of his
• Determination of Applicability , .7hich was granted at the_May_24,, 1978
ConCom meeting. Joe noted that the Determination of'Applicability ,
had been issued on the condition that "the work did not involve filling
beyond the line of existing protective stone adjacent to the beach. Joe
further stated that Mr. Lagonakis has filled 10 to 15feetbeyond the
line allowed by the Commission. He also noted that Mr. Lagonakis is
planning on hard topping the newly filled area. Brian French noted that
the fill, at this point, is loose but that Mr. Lagonakis' next step will
be to place protective stone to prevent erosion of the new fill.
Brad stated that the Commission could require a Notice of Intent to be
submitted relevant to the filling that has already been done. Paul Willis
and Brian French stated that the Commission could serve Nondas with a
cease and desist in order to prevent any future violation and require that
he remove all fill that has been placed since May 24, 1978. Brian pointed
out that any filling in that area could increase flooding by displacing
the flood storage.in the area. Tony Feeherry noted that a cease & desist
would just prevent future activity and that it would probably be neces-
sary to encourage Mr. Lagonakis' to file a Notice of Intent in order to
insure that the fill is removed.
A motion was made by Brian French and seconded by Paul Willis that a cease
and desist be issued to Mr. Nondas Lagonakis, c/o Crete Realty Trust,
because he is in violation of the "Determination of.,Applicability voted
by the ConCom at their meeting of May 24, 1978 and transmirEed' with a letter
.dated May 26, 1978 which stated "the condition that the work does not
involve filling beyond the line of existing protective stone adjacent to
Minutes of 6/20/78 Page 5
• the beach "at 5 Bridge St. In addition, the Commission is requiring the
removal of all fill and the return of the bank to its previous state as
of May 24, 1978 and that Mr. Lagonakis be required to submit a Notice of
Intent for any additional work on this property other than the removal of
fill. The vote was unanimous and the Chairman declared the motion carried.
Harbor Islands
Brad Northrup stated that the Harbor Island Resolution had been presented
to the Natural Resource committee of the City Council. Brad Northrup,
Brian French and Jim Rienhardt represented the Commission at this pre-
sentation. Brad stated that Mrs. Moran, Buckley and Hobbs were also
present and were opposed to the resolution that the ConCom be granted
custodianship of the Harbor Islands. The result of this meeting was the
tabling of the resolution pending further investigation by the Committee.
Brad stated that the opposition to the resolution centered around the ques-
tion of public access. Brad explained that the Conservation Act denies
the Commission the right to deny access. Brad is to speak to Bill Tinti
and have the City Solicitor issue his opinion relevant to public access.
Brian French is to supply Councillor Nowak with additional information.
Jim Rienhardt noted that the Harbor Islands have been identified by CZM
as a critical natural resource area.
• Conservation Aide
Brad stated that he has spoken to Lee Freemont Smith and that the Commis-
sion will be receiving a CETA person for the position of Conservation
Aide.
CZM
Jim Rienhardt noted that June 29th is the date set for the implementation
of the CZM plan. He also noted that he has received a copy of, the affidavit
he signed relevant to the API suit.
API
The Commission next briefly discussed the current API court action. Brad
stated that in a letter dated June 5, 1978 from Douglas Foy of the Conser-
vation Law Foundation (CLF) it was stated that "on Friday, June 2, 1978
the Federal District Court for the District of Columbia announced its
order allowing our intervention in the above case." The CLF is now
developing their arguments in defense of the Mass. CZM program."
A motion was made by Paul Willis and seconded by Cleti Cervoni that the
Salem Conservation Commission ratify the action taken by the Commission to
be an intervener-defendent in the API suit. The vote was unanimous and the
, r
A Minutes of 6/20/78 Page 6
Chairman declared the motion carried.
Financial Report
David DeVoe stated that monies in the current budjet should be spent by
June 30, 1978. After a brief discussion it was the consensus of the
members that a poloroid camera be purchased for use in wetland inspections.
David also stated that the Commission will be requesting that the money
for the printing of the Conservation, Open Space and'Recreation plan
update t6-be held over to the next fiscal year.
The meeting was adjourned at 10:15 P.M.
Respectfully submitted,
r '
,\\UN cp��
z Conservation Commission
Salem. Massachusetts 01970
ASS
July
July 5, 1978
AGENDA
Wetlands Hearing - Mr. and Mrs. James R. Michaud- seawall reconstruction
140 Bay View Avenue , Salem
Acceptance and corrections for minutes of June 20, 1978 meeting
Correspondence and communications
Request for "Determination of Applicability"-Salem High School (Wil.lson Rd. )
Salem School Dept.
Write and sign the "Order of Conditions" for Mr./Mrs. Andrew Ginkus
16 Glover Street,Salem
(check the stability analysis as delivered 7/3/78)
Write and sign the "Order of Conditions" for Mr./Mrs. Thomas Hanlon
60 Bay View Avenue , Salem
Accept and set date for review of the "Notice of Intent" for Salem Acres, Inc.
(PICKMAN PARK PROJECT) . Also review for comment for
" Special Permit ".
Open Space Update - Base Map, Text , Monies ,
• Financial Report
Harbor Islands Update (Tour,etc. )
Report on the Rotary Luncheon
N.B.- from the City Clerk - ANNUAL REPORTS DUE ON OR BEFORE OCTOBER 6,1978
covering JULY 1 , 1977 to JUNE 30, 1978:
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City of Salem
Conservation Commission
Wetlands Hearing
A public hearing will be held as required by the Wetlands Protection
Act, G.L. Chapter 131, Section 40, at the request of Mr. James Michaud,
140 Bayview Avenue, Salem, Massachusetts. The purpose of the hearing
is to explore the effects of the reconstruction of a seawall at
140 Bayview Avenue , Salem, Massachusetts. The hearing will be held
on Wednesday, July 5, 1978, at d`YdP//P�hf,, on the. third floor of One
Salem Green. 7yj Pt t
Bradford Northrup
Chairman
June 30, 1978
``NON CrJ�
14
Conservation Commissioni
• F� = Salem. Massaehtisetts 01970 June 20, 1978
AGENDA
WETLANDS HEARINGS:
(Continuation)- Mr. Andrew Ginkus- 16 Glover Street,Salem
Reconstruction of a seawall
Mr. Thomas. Hanlon- 60 Bay View Avenue ,Salem
Reconstruction of a seawall
SCHEDULED MEETING:
Acceptance of minutes of June 6, 1978 Meeting
Correspondence and Communication
Tidal Gates Discussion with the Board of Health
(Walter F. Szczerbinski R.S.-Health Agent)
REQUESTS FOR DETERMINATION OF APPLICABILITY
a. )G. Wayne Belleau-435 Lafayette Street
b, )Linda Gallagher-38 March Street
• c. )George & Evangelia Kastrinakis- 2 Bridge Street
d. )Robert F. Yates- 53 Osgood Street
Harbor Islands Resolution Discussion
Conservation Aide (C.E.T.A.) Position
CZM Update
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Salem. 11astiachusetts 01070
Minutes of Meeting - June 6, 1978
The Conservation Commission met at One Salem Green on Tuesday, June 6,
1978 at 7:30 P.M. Commission members attending were: Cleti Cervoni,
Paul Willis, Brian French and James Rienhardt.
Commission Members not attending: Brad Northrup, David DeVoe
Vice-Chairperson Cleti Cervoni opened the Wetlands Hearing requested by
Andrew Ginkus of 16 Glover St. at 7:40 P.M. After Ms. Cervoni read the
relevant portions of the Wetlands Protection Act, Mr. Ginkus explained
the reconstruction he was planning to do on his property. Mr. Ginkus
explained that his seawall was damaged during the Feb. 6th storm and that
he wishes to reconstruct the wall as it previously existed and to fill in
areas that have eroded since the seawall damage.
Joe Antonelli stated that the Commission still has not received the
stability calculations for this seawall reconstruction from the project
• engineer, Mr. Bouffard, even though Joe has notified him of this requirement
on several occassions. Brian French noted that the required elevations have
not been noted on the plans.
Mr. James, a surveyor in Mr. Bouffard's office, stated that he was un-
familar with the project and was not qualified to supply the missing
calculations.
Mrs. Ginkus stated that Mr. Bouffard had told her that he had given the
Commission all the necessary information. Mrs. Ginkus further stated
that access to their garage has been hampered because of the storm damage
and that their driveway could not be repaired until the seawall reconstruc-
tion was completed.
Mr. Antonelli again stated that Mr. Bouffard had been notified on several
occasions of the requirements of the Commission relevant to seawall
reconsturction and that as of now he has failed to supply the necessary
information.
Mrs. Ginkus also questioned if she and her husband would be forced to pay
for an additional ad in the Salem Evening News if the hearing were
continued. Mr. James stated that he felt sure that Mr. Bouffard would pay
for the additional legal notice.
A motion was made by Brian French and seconded by Cleti. Cervoni that the
• Wetlands Hearing for Mr. & Mrs. Andrew Ginkus be continued to June 20, 1978
at 7:30 P.M. The vote was unanimous and the vice-chairperson declared the
motion carried.
Minutes of 6/6/78 Page 2
Vice Chairperson, Cleti Cervoni closed the public hearing at 8:02 P.14
Vice Chairperson, Cleti Cervoni, opened the regular meeting of the Con- •
servation Commission at 8:03 P.M.
A motion was made by James Rienhardt and seconded by Brian French to
approve the minutes of May 23, 1978 as corrected. The vote was unanimous
and the vice chairperson declared the motion carried.
Correspondence and Communications
Joe Antonelli informed the Commission that he is doing a slide presentation
for the Salem Rotary on June 27, 1978.
An article that appeared in the Lynn Sunday Post on June 3, 1978 on the
Forest River land acquisition was noted and will be placed on file.
Joe also stated that the Salem Evening News is planning on doing a feature
article on the Forest River. Joe is to speak to Nina Bim' relevant to
this. MARY O"Bil
A notice has been received from the DEQE that they have informed Salem
Acres Inc. that they have to apply under the Wetlands Protection Act for
the proposed Pickman Park development.
In reviewing the Conservation Legislation Bulletin, Paul Willis noted
that Joe should request a copy of Bill # S1420 which is a bill clarifying •
the duties of the Commissioner of Environmental Management relative to
Scenic and Recreational Rivers and streams in the Commonwealth. Paul noted
that this was especially significant since the Forest River has been
nominated as a Scenic River.
Paul also noted that a copy of bill # H5622 which would authorize the repair
and reconstruction of buildings damaged by the Feb. storm if the minimum
standards of Title V, the state building code, and Federal Flood Insurance
are met. Paul Willis stated that he would write letters to State legis-
lators informing them of the Commission's objections to the passage of this
bill.
The MAPC report on regional transportation was received.
Correspondence was also received relevant to the API suit. A copy of this
letter will be forwarded to Bill Tinti. Jim Rienhardt requested that
Joe obtain a copy of the affadavit he signed.
Tidal Gates Discussion
Brian French began the discussion by briefly explaining what transpired
at the first meeting held in May relevant to the Forest River tidal gates.
•
Minutes of 6/6/78 Page 3
• He stated that the Park Dept. , Rec Dept, Marblehead ConCom, Salem ConCom,
as well as a member of the Salem State Biology Department were represented
at this meeting and that the consensus at that meeting was unanimous that
the gates remain open.
Mr. Jeffrey, President of the Harbor View Association, acknowledged that
he was aware that there was a cracked sewer line at the present time that
was dumping sewerage into the River. He also stated that a letter had been
received from the Salem ConCom in 1976 stating that the closing of the gates
for eight or ten tidal cycles would significantly increase the bacteria
count. He further stated that correspondence from the Board of Health in
1977 placed authority for opening the gates with the Parks Department. John
Adhern of the Parks Commission stated that he was in receipt of corres-
pondence from the Board of Health stating that the gates were not to be
closed. John stated that the gates could not be closed without the Board
of Health's approval.
Mr. Jeffrey then stated that the neighborhood association was only requesting
that the gates be closed for the weekend which would be below the 8 or 10
tidal cycles referred to in the 1976 letter from the ConCom. He then asked
if any testing had been done to determine if closing the gates for two days
is dangerous to the marsh or the people utilizing the beach.
Brian French pointed out that both Marblehead and Salem have invested a
• great deal of money in order to protect that area and that it would
go against good management practices to close the gates. He also noted that
there were also the additional problems of sewer runoff and the fact that
some of the gates aren't even in working order. Brian also stated that
although closing them for 2 days out of 7 isn't a lot, it could have an
adverse effect after several years.
Edna Panzini of 3 Riverway Road stated that the beach itself has suffered
from erosion as has the marsh itself. She also pointed out that the Harbor
View Association would be willing to be responsible for the opening and
closing of the gates so that city personnel would not have to be utilized.
She further stated that 45 families use this beach.
Mr. Sullivan of the Marblehead ConCom was present and stated that Marble-
head has a great deal of money invested in the area and that the Marblehead
ConCom was against any closing of the gates. He Pointed out that the marsh
was designed to be flushed twice a day. He further stated that he believed
the burden of proof lay with the people wanting the gates closed and that if
the Harbor View Association wished, they should have an environmental
impact statement prepared.
Mrs. Panzini disagreed that the 'burden of proof' rested with them and
again stated that she felt the marsh and beach had deteriorated because
the gates had been left open the last 3 years. Mr. Sullivan stated that
any erosion that has occurred is probably a result of the two gates that
are permently closed.
• Brian French then quoted from a letter the Commission received from Professor
Moore of the Salem State Biology Department which said in part, " It is
my opinion that the gates serve no useful purpose for the public and in
fact, if used as originally contemplated, constitute a det/riment to the
entire marsh environment upstream."
Minutes of 6/6/78 Page 4
Mrs. Panzini again stated that what the Association was proposing would be
for just one 24 hour cycle and only during the summer months. •
Brian French pointed out that if a decision to close the gates was agreed
upon by the Board of Health then a Wetlands Hearing would have to be held.
Bran also stated that a definitive statement has to be made by the Board
of Health.
correspondence and Communications con't
Cleti Cervo ni questioned if anyone had any comments relevant to the
management plan written by Francie Latawiek. There were no comments.
Order of Conditions for Helen Derflinger
A discussion next followed as to the Order of Conditions to be issued to
'Mr. & Mrs. Derflinger. Paul Willis noted there should be an inspection
at low tide by the commission after the work has been finished.
After a brief discussion,a motion was made by Paul Willis and seconded by
Jim Rienhardt that an Order of Conditions be issued to Mrs. Helen Derflinger
with the following conditions:
1. All work shall be in accordance with the drawing submitted to the
Conservation Commission prepared by Vortan Mooradian dated 5/23/78.
2. All debris from the collapsed wall and all construction material for •
the new wall shall be removed from the tidal flats adjacent to the property.
3. The new wall shall not extend beyond the line of the previously
existing wall.
4. Stability calculations and elevation of the top of the wall shall be
submitted to the Commission prior to start of construction.
The vote was unanimous and the vice-chairperson declared the motion carried.
Harbor Islands
Custody of the Harbor Islands will be discussed by the Natural Resource
subcommittee of the Salem City Council on June 8, 1978. Brian French,
Brad Northrup, James Rienhardt and Paul Willis will attend this meeting.
Joe Antonelli is to obtain a copy of the resolution from Bill Tinti and
he is also to obtain a chart that includes the Harbor Islands.
Open Space Update
There has been further work completed on the map for the Conservation, Open
Space and Recreation Plan update. Joe Antonelli is to prepare the map
using the new key and including the corrected information from the Parks
Department. Joe is also to check on the deeds for some property in the
South River flood control area. Paul Willis noted that Ragone's pond and •
buffer zone have not been identified on the map for future acquisition_
Paul also stated that he would speak to Bill Tinti relevant to the pending
court case for Mr. Ragone.
Minutes of 6/6/78 Page 5
Conservation Aide
Cleti pointed out that Joe will be leaving the first part of August and
that negotiations with CETA should begin shortly. Chairman Bradford
Northrup will work on this.
Wetlands Hearing Date
A motion was made by James Rienhardt and seconded by Paul Willis that a
wetlands hearing be scheduled for Thomas Hanlon relevant to his proposed
seawall reconstruction on June 20, 1978 at 7:45 P.M. The vote was
unanimous and the vice chairperson declared the motion carried.
Jim Rienhardt requested that Foe Antonelli check with Cheri Cooper relevant
to the cost of the map for the Conservation, Open Space and Recreation
plan as well as who will be responsible for the cost.
Brian French requested that Joe check with DEQE as to what is being done on
the Order of Conditions for Mr. Ingemi.
The meeting was adjourned at 10:00 P.M.
Respectfully submitted,
Conservation Commission
Salem, Massachusetts 01970
Telephone )617) 745.5056
creSs
AGENDA
- MEETING OF MAY 24, 1978 - - -
1. Wetlands Hearing - Helen & Donald Derflinger, 26 Hardy St.
reconstruction of seawall, comments for Special Permit
2. Request for "Determination of Applicability" - Nondas Lagonakis
- to repair washout erosion
3. Request for "Determination of Applicability" - Charlotte Berman, 21
Hemenway Rd, to replace earthen embankment
' 4.
Request for "Review Comments" for Special Permit: James Michaud, 140
Bayview Ave. , reconstruct seawall
5. Request for "Determination of Applicability" - Thomas & Marie Hanlon,
60 Bayview Ave, reconstruct seawall
6. Set date for wetlands hearing for Andrew Ginkus, 16 Glover St, to
• . reconstruct seawall
7. Open Space plan for Forest River
8. Correspondence and Communications
9. Appointment of Anthony Feeherry to Con/Com - discussion
tON (p.l��
Conservation Commission
• Salem, l'6assachusetts 01970
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Telephone 1617) 745.5056
�:t/ASS�
Minutes of Meeting - May 23, 1978
The Conservation Commission met at One Salem Green on Tuesday, May 23, 1978
at 8:00 P.M. Commission members attending were: Brad Northrup, Brian
French, Cleti Cervoni, Paul Willis and Jim Rienhardt. Conservation Aide
Joseph Antonelli was also present.
Commission Member not attending: David DeVoe
' O
Chairman Brad Northrup opened the Wetlands Public Hearing for Helen and
Donald Durflinger of 26 Hardy St. at 8:00 P.M. Brad next read excerpts
from the Wetlands Protection Act which govern the public hearing. In re-
reiewing the Notice of. Intent it was noted that the plans were prepared and
stamped by a certified Civil Engineer in compliance with the regulations
adopted by the Commission governing sea wall construction and reconstruction.
Thomas Curran, the .contractor for the project, was present and presented- the
standard retaining wall design which will be utilized for this project.
. Mr. Curran also informed the Commission that he had added riprap below the
weep hole on the submitted plans. Brian French suggested that granular
fill be added to direct the water to the weep hole.
Mr Curran also explained that the plans call for removal of the fill that's
there so that this fill will be used for backfill. He noted that the path
behind the garage will have to be made wider in order to get the equipment
in to reconstruct the seawall.
Brian French informed Mr. Curran that cement and mortar had been left in '
the harbor when Henry O'Donnell'.sfseawall was repaired. He asked if Mr. Q
Curran, since he was the contractor for that project, if he would make arrange=
ments to have it removed. Mr. Curran replied he would.
Mr. Durflinger noted that children have been playing on his old seawall and '•
he expressed concern that if it continues a child will be injured. Brad
Northrup stated that the Commission had no jurisdiction in this matter but
he suggested that a sign be. installed. 0
•
A motion was made by Brian French and seconded by Cleti Cervoni.to close
the public hearing at 8:15 P.M. The vote was unaimous and the chairman !
declared the motion carried. '
t
Minutes of Meeting 5/23/78 Page 2
j .Request for "Determination of Applicability" - Nondas Lagonakis
Mr. Nondas Lagonakis was present to request a determination of . applicability •
relevant to the work he proposes to do at his property at 5 Bridge St.
Brad Northrup noted that the property had been inspected by several of the
commissioners. Mr. Lagonakis further explained that he proposes to repair
the washout erosion that occurred after the February 6th storm by filling
the eroded embankment with crushed stone and rocks.
Brian French, in noting that Mr. Lagonakis has purchased the gas station
next to his property at 5 Bridge St. , reminded Mr. Lagonakis that the Order
of Conditions issued to the previous owners are still in effect.
Mr. Lagonakis stated that because of the current plans for the connector
road he did not want to incur the expense of a seawall. ' For this reason
he wished to fill with crushed stone in order to protect his property. He
also noted that he only wished to fill the portion of the embankment that
has caved in. Mr. Lagonakis also informed the Commission that he has
receivecJ 17,000 from the Federal Gov't to do this work. Mr. Lagonakis
also stated that he had an opportunity to obtain crushed stone for the fill
for $50 a truck load.
Cleti Cervoni reiterated that there should be no stone placed on the beach.
Brian French questioned when Mr. Lagonakis planned to begin the work.
He stated he wanted to begin immediately. Brad Northrup informed Mr.
Lagonakis that if the Commission found the proposed work inapplicable to the
Wetlands Protection Act there would still be a 10 day appeal period be- •
fore work can begin.
A motion was made by Brian French and seconded by Paul Willis that the
Wetlands Protection Act is not applicable to the work proposed by Mr.
Lagonakis A his• "Request for a Determination" on the condition that the work
does not involve filling beyond the line of existing protective stone ad-
jacent to the beach. The vote was unanimous and the Chairman declared
the motion carried.
A4motion was made by Brian French and seconded by Paul Willis to approve
the minutes of May 2, 1978 as written. The vote was unanimous and the
Chairman declared the motion carried. _
Request for "Determination of Applicability" - Charlotte Berman
0 Cleti Cervoni and Brian ,French inspected Ms. Berman's property at 21
O Hemenway Rd. and Ms. Cervoni gave the report on their findings. Cleti
explained that Charlotte Berman wishes to repair a bank by means of rip
rap and install a path in order to get the equipment in to shore up
the embankment.
Cleti noted that Ms. Berman does not want to construct a seawall. A motion
was made;-by Cleti Cervoni and seconded by Paul Willis that the Wetlands
Protection Act is not applicable to the work proposed by Ms. Berman in
i
Minutes of 5/23/78 Page
• her "Request for a Detemrination" on the condition that any work be confined
to the repair of the bank and that there be no filling of the beach. The
vote was unanimous and the Chairman declared the motion carried.
Request for "Review Comments" for Special Permit: James Michaud
It was noted by Joe Antonelli that the information the Commission had pre-
viously requested before concurring with the project had been supplied. This
information consisted of the plans being prepared by a Civil Engineer and
that the top elevation of the seawall should be shown on the plans. Joe also
noted that Mr. Michaud is to submit his Notice of Intent before the end of
the week.
A motion was made by Brian French and seconded by Paul Willis that the
ConCom, after receiving additional info=rmation from the applicant, now
concurs with the work proposed by Mr. James Michaud in his application
for a Wetlands/Flood Hazard Special Permit providing that any information
requested by the ConCom from the applicant is forwarded to the Planning
Board for their consideration. The vote was unanimous and the Chairman
declared the motion carried.
Request for "Determination of Applicability" - Thomas & Marie Hanlon
The Commission next considered a Request for a Determination from Mr. & Mrs.
• Thomas Hanlon of 60 Bay View Ave. It was explained that her seawall had
washed out a long time ago and that the Feb. 6th storm had collapsed the
remaining portion of the wall. Mr. & Mrs. Hanlon would now like to recon-
struct their seawall and also build _a breakwater at right angles to
the wall.
Paul Willis questioned if any studies had been done to see if this break-
water , would be effective. Brian French stated that the Commission could
not require such a study ., but thaf' since F;1_i*.ng was involved a.Notice
of Intent should be required.
A motion was made by Brian French and seconded by Cleti Cervoni that the
Wetlands Protection Act is applicable to the work proposed by Mr. & Mrs.
Thomas Hanlon of 60 Bay View Ave. on their "Request to Determine Applica-
bility" of the Wetlands Protection Act. The vote was unanimous and the
Chairman declared the motion carried.
Mr. Donald Curran, contractor for -this project., -was given a Notice of Intent
Form as well as the ConCom's requirements for seawall construction.
Request for "Review Comments" for Special Permit: Hanlon
Relevant to the comments requested by the Planning Board with regards to
the Special Permit application of Mr. & Mrs. Hanlon, a motion was made
by Brian French and seconded by James Rienhardt that the Commission concur
• with the proposal outlined in their Wetland/Flood Hazard Special Permit
application provided that the updated information required for the
Conservation Commission be submitted to the Planning Board.
Minutes of 5/23/78 Page 4
Wetlands Hearing for Andrew Ginkus .
Joe Antonelli informed the Commission that although the Notice of Intent
had been filed the stability calculations for the seawall have not been
submitted as of yet.
It was the consensus of the members present that a Wetlands Public hearing
be held 7:30 P.M. on June 6, 1978 on the second floor of One Salem Green.
Request for Review Comments for Special Permit - Helen Durflinger
After a brief discussion a motion was made by Brian French and seconded
by Paul Willis that the Commission concur with the proposal outlined in
their Wetland/Flood Hazard Special Permit application provided that the
updated information required for the Conservation be submitted to the Planning
Board.
Open Space Plan for Forest River
Francie Latawiek was present to submit a management report for the Forest
River area. Francie briefly outlined her report and Cleti explained that
the report contained basically what was noted on the map, only now it was
in writing. Cleti also noted that this report would be quite useful
to David Lash when he submits his Management Plan relevant to additional
funding for Forest River. Brad Northrup suggested that the Commissioners
review this report in order to make comments at the next meeting. •
It was noted that Cleti Cervoni, Brian French and Joe Antonelli met last
Wednesday to work on the map for the Conservation, Open Space and Recre-
ation Plan. Brian French noted that further investigation is needed
of several properties relevant to ownership and City easements in the South
River Flood Control project. Brian also noted that some of the areas
marked on the map to ascertain that the boundaries are correct. Brian also
noted that, the map should also contain the parks that are under the juris-
diction of the Parks department as well as land they would like to acquire.
Jim Rienhardt stated that he will be attending the next Planning Board
meeting dealing with the 'Environment' element of the Master Plan.
Joe Antonelli is to investigate the City easements and land ownership in
the area Brian outlined in the South River Flood District. Joe is also to
meet with Cheri Cooper to discuss the printing of the map and the areas
of responsibility for the Conservation Open Space and Recreation Plan
update. He is also to present the map that the Commission has developed in
order to insure that it correlateVaith the Master Plan.
Jim Rienhardt stressed that the commission_should be working closely with
Cheri Cooper so that the Open Space Plane map will be consistent and included
in the Master Plan.
Brian French noted that the South River Flood Area and Forest River area
should be walked by the Commissioners. Paul Willis suggested that Ragone's
pond also be considered for future acquisition. At the next meeting a date
will be set to walk these areas.
Correspondance and Communications
It was noted that the MACC is sponsoring a workshop on land trusts on June 14.
Minutes of 5/23/78 Page 5
. Paul Willis is to attend.
Brad Northrup briefly spoke to the Commission of the API suit that the
Commission is involved in. Brad noted that Jim Rienhardt had signed the
affidavit stating the Commission's concerns relevant to the protection of
the coastal zones. Brad stressed that this action does not commit the
City or the Commission to any specific action and that the involvement of
the Commission is being used as a 'Legal Tool' . Brian French requested
more information, which will be presented at the next meeting. It was
the consensus of the members present that the Commission support the
action taken by Brad Northrup relevant to the API suit and that it will
be voted upon at the next meeting.
There will be a public hearing June 5, 1978 at Essex Aggie relevant to
proposed changes in the Wetlands Protection Act. Brian is to review these
changes.
Brad noted a letter he has received from the MACC highlighting a bill before
the State Legislature which would allow all local, State and Federal
permit procedures be bypassed relative to reconstruction necessary after the
February storm. Brad Northrup is to call Kevin Harrington relative to
this.
Paul Willis is to participate ina workshop on ConComs in an Urban Environment
on June 7, 1978.
• Brad Northrup stated that he met with Mayor Levesque and that the Mayor stated
that Bill Tinti is in.the process of writing up a resolution on the Harbor
Isalnds. Brad will check on this with Bill Tinti. Jim stated that the
timing for the CZM workshop is dependent on the resolution of this issue.
Brad also stated that the Mayor had suggested that one of the Commissioners
be made a constable in order to clear up any difficulties in serving Cease
and Desists. A discussion ensued relative to the merits of this idea.
Tony Feeherry is to speak to Bill Tinti relative to this.
It was the consensus of the Commission that Mr. Donald Jeffrey president
of the Harbor View Association be invited to the next conservation
commission meeting to dicuss the Forest River Tidal Gates.
The meeting was adjourned at 10:30 P.M.
Respectfully submitted,
Q,P,,ION Cpff
z Conservation Commission
Salem, Massachusetts 01970
Telephone (6171745-5056
ASSPC�J
AGENDA FOR MAY 2, 1978 MEETING
CORRESPONDENCE AND COMMUNICATIONS------------------------------Joe
FOREST RIVER MANAGEMENT PLAN (FRANCIE LATAWIEK)----------------Cleti
"DETERMINATION" FOR MR. CHESTER J . KOHN(LA BRIE)---------------Brad
"SPECIAL PERMIT" COMMENTS AND "NOTICE OF INTENT" FILING FOR
SEAWALL (26 HARDY STREET)-(DERFLINGER)-----------------Brad
C.E.T.A. EMPLOYMENT PROJECT(PAUL ROGAN, DARLENE COKELEY)-------Joe
"ORDER OF CONDITIONS" -D.P.W. VINNIN SQUARE STORM DRAIN PROJECT
(MARBLEHEAD COVENANTS)---------------------------------Brian
REPORT ON THE "ENVIRONMENT" SUB-COMMITTEE OF THE PLANNING BOARD
FOR THE OPEN SPACE PLAN -------------------------------Brian
DISCUSSION ON THE OPERATION OF THE FOREST RIVER TIDAL GATES----Brian
REMARKS ON THE PROPOSED NEW SOCCER FIELD FOR SALEM-------------Joe
SPRING WEEKEND DISCUSSION (FINAL PLANS, DATES, TIMES,et al )----Cleti & Joe
DISCUSSION OF A NEW COMMISSION APPOINTMENT --------------------Brad
ADJOURNMENT
NOTES : (from the office) ----------------- Joe
Minutes from the April 18, hearing and meeting will be distributed
in the coming week.
Brochures are being put together for mailing for the "Wetlands" property
owners, several remaining pages of "Coastal " landowners remain
to be completed at Assessor's. Mailing will begin next week
after Spring Weekend activities.
Bottle Bill : McLaughlin -YES, Ruane- NO, Harrington - NO. McLaughlin
Fund-Raiser May 17, 1978 at the Salem Theatre. NOW IT' S OUR
TURN TO SUPPORT. (a personal opinion, of course)
A strong show of support and confidence from the CITY COUNCIL: It was
unanimous ,11-0, for both the "Orders of taking"for the Forest
River Conservation Area , and the "care and custody" to the
CON/COM. A job very well done CONGRATULATIONS ! ! ! !
WELCOME BACK CLETI AND SUSAN ! ! !
e,P,tI N Co
Vy� z Conservation Commission
N Salem, Massachusetts 01970
Telephone 1617) 745-5056 May 11 1978
M'yASSPo�J
SUBJECT: DISCUSSION OF THE FOREST RIVER TIDAL GATES
THE CONSERVATION COMMISSION REQUESTS YOUR PRESENCE AT AN
INFORMAL DISCUSSION GROUP MEETING TO BE HELD :
TUESDAY , MAY 23, 1978 AT 7:45PM
THIRD FLOOR -ONE SALEM GREEN
PARTICIPATING IN THIS DISCUSSION WILL BE MEMBERS OF THE
SALEM CONSERVATION COMMISSION, ALSO MEMBERS OF THE MARBLE-
HEAD CONSERVATION COMMISSION, THE SALEM PARK COMMISSION,
THE SALEM RECREATION DEPARTMENT , THE SALEM PARK DEPART-
MENT, AND THE SALEM HEALTH DEPARTMENT.
WE LOOK FORWARD TO YOUR ATTENDING.
Sincerely,
Brad Northrup
Chairman
BN/jfa
,PION
Co
No Conservation Commission
V
Salem, Massachusetts 01970
Telephone 1617) 745-5056
ASSPC�J
Minutes of Meeting - May 2, 1978
The Conservation Commission met at One Salem Green on Tuesday, May 2, 1978
at 8:10 P.M. Commission members attending were: Bradford Northrup, Cleti
Cervoni, Brian French and David DeVoe. Conservation Aide, Joe Antonelli,
was also in attendance.
iCommission Members not attending: Mary Ellen Pelletier, Paul Willis and
'. James Rienhardt
tt4
Chairman Brad Northrup reminded the Commissioners that there will be
a public hearing for GTE Sylvania on Tuesday, May 9, 1978 at 7:30 P.M.
on the second floor of One Salem Green.
Spring Weekend
Cleti Cervoni informed the Commission that she has sent press releases
to David Johnson relevant to Spring Weekend to be included in the Notes
and Calendar sections of the Salem Evening News. Cleti also noted that
she included the change in time of the boat cruise in the press release.
Cleti will be contacting wives of Commissioners relevant to appetisers
for the cocktail party.
Forest River Management Plan
Francis Latawiek next spoke to the Commission relevant to the Management
Plan for the Forest River land acquisition. Francie informed the Com-
mission that she had transfered the contours of the area to a smaller,
more usable map. She also informed the Commission that she would have
3 weeks after school finishes and before her summer job starts to work
on this plan. It was noted that the Commission should take the lead as
far as input to the management plan is concerned. Cleti is to find out
from David Lash what the deadline for the submission of the management
plan is.
Determination for Mr. Chester Kohn
Mr. & Mrs. LaBrie of 11 Hemenway Road, were present to explain what was
intended. Mr. LaBrie stated that the land in question was owned by Mr.
Chester Kohn. Mr. LaBrie explained that what was proposed is the con-
struction of a sea wall on Mr. Kohn's land. He further explained that
the seawall that had been located there had deteriorated to such an
extent that only the pilings of the wall remained after the 1972 storm.
Minutes of May 2, 1978 Page 2
Brad Northrup pointed out that the construction of a seawall would in-
volve substantial building and that the Commission would have to inspect
the site.
Brian French questioned what plans there were for land lost through ero-
sion during the years. Mr. LaBrie explained that there would be filling
in order to save the trees on lot #342, whose root systmes have been
exposed due to the erosion of the land.
Brian also questioned why Mr. LaBrie was proposing the construction of
a seawall instead of the placing of riprap. Mr. LaBrie stated that he
felt that with the placement of riprap there would be continuing erosion
of land on both his and Mr. Kohn's property. He pointed out that he had
water in his basement after the last storm.
Cleti Cervoni questioned why Brian was recommending reprap. Brian replied
that the installation of a sea wall would eliminate a small beach that
presently exists and that the placement of riprap would be less costly
for the applicant. Mr. LaBrie stated that he thought a wall would
offer more protection and that what is proposed is a fieldstone sea wall.
Brad Northrup questioned the height of the proposed sea wall. Mr. LaBrie
replied that a six foot wall is planned.
Brian French pointed out that the Commission requires that all sea wall
designs to be stamped by a projessional Civil Engineer. Brian also re-
minded the applicant that a Special Permit will also have to be obtained
• from the Planning Board.
A motion was made by Brian French and seconded by David DeVoe that the
work described in the "Determination of Applicability of the Wetlands
Protection Act" 'for Mr. Chester Kohn is applicable to the Wetlands
Protection Act and that a Notice of Intent will have to be submitted
along with plans drawn by a registered Civil Engineer. The vote was
unanimous and the Chairman declared the motion carried.
Notice of Intent Filing - Mr. Derflinger
Mr. Derflinger explained that a seawall that is ten feet high with a
3 foot footing is what is being proposed. Brian French requested that
Mr. Derflinger obtain the stability calculations from the engineer who
drew the plan, Mr. Meridian. Mr. Derflinger is also in the process of
submitting an application to the Planning Board for a Special Permit.
Brad Northrup asked that Mr. Derflinger meet with Joe Antonelli so that
the Notice of Intent will be filed in the proper fashion.
CETA Employment Project
Paul Rogan and John Condon of CETA were present to describe the project.
Paul Rogan explained that this project funds the employment of Youthful
Offenders between the ages of 17 to 21. The qualifications, in addition
to age, for this funding is that the person is either a parolee, on
probation or awaiting trial.
Mr. Rogan went on to explain that participants in this program are first
screened, then a service plan is developed for them based on their in-
terest and capabilities and their efforts are made to find them employment
Minutes of May 2, 1978 Page 3
not funded by CETA.
He further stated that a work crew with supervision provided by CETA
personnel is now working in Harmony ,rove Cemetery doing various maintenance
work. Mr. Rogan pointed out that although each participant in the pro-
gram spends two weeks in this supervised work crew as part of the screening
process, the structure of the supervised work crew remains with the addition
of new applicants.
Mr. Rogan explained that the work crew is funded by CETA for a 30 hr.
work week and that necessary hand tools are provided by CETA.
Brad Northrup questioned whether a proposal had to be submitted as a part
of this program. John Condon replied that there is a standard contract
for sub-grantees and that no proposal is necessary. He also stated that
he felt there was more of a chance of varied work through the commission
rather than the strictly maintainence jobs that the work groups are now
performing.
Brad Northrup explained that although the taking of land for the Forest
River area has been approved by the City Council, only 30% of the landowners
have formally accepted the value established for their land. The re-
maining 70% of the owners are in a state of "legal limbo" at the present
time. Brad continued by stating that the Forest River acquisition is
still in its 'germ stage' and that it would be a few years before the
Commission obtained complete cusdodianship of the area.
Suggestions were then made to the CETA representatives of other city
agencies that could be approached for possible work. Among the suggestions
were the high school nature trail, the Plummer Home for Boys and Winter
Island.
Orders of Condition - DPW
Discussion was held on the proposed Order of Conditions for the DPW
Vinnin Square storm drainage project written by Brian French. Brian ex-
plained that he had incorporated the conditions suggested by Hayley &
Ward and outlined in a letter to Marbehead's Town Counsel, Attorney Lausier,
into the Commission's Order of Conditions.
As part of the proposed Order of Conditions is a condition that water
tests be made on Pond C and D three times a year and that the Commission,
in conjunction with the City Engineer, select the person, as well as the
specific tests to be made. Brad Northrup questioned the costs of these
tests. David Devoe estimated that the Commission's share of the costs
would be approximately $225.00. Brian French noted that the Commission
should remain committed to preserving the water quality of Salem and that
by sharing the costs of the testing, the Commission would be assured
of input in the future.
Minutes of May 2, 1978 Page 4
�• A motion was made by David DeVoe and seconded by Brian French to issue
Orders of Conditions to the Salem Department of Public Works for work
proposed in the Vinnin Square area which would include the following
conditions:
These C-rders of Conditions are issueQ to protect -,late2 quality for the fMON—.
inn rcasons :
1. The Vinnin `quare drainage improvements h2ve been determined to be -
s.': 1_ ricant to public water supply, to ;round water. su7?ly and to pro-
vontion: o1 pollution since the receivin= Don"1 at Legg's :Fill (named Pond -
nlO in he analicaLion, DE12 File Do, vv!-20 has in he pastybeen used as
2. ifater .supply source by the Town of iiarblehead. The suD^1y came from _
.roll and the area is still maintained as an emergency dater source.
2. draina, e improvcment� have Fen determined to be significant to _o- -
tection of land containing shellfish since "t':le 'dater i:ill enter Salem :a.rbor
by '.;ay Of the Forest River Saltmarsh. The marsh is also Dart Of a con-
. Lion area established under ,a _ achusetts ,annual '-ts, hapter
e_tion A.
...
present InFin ' jgU_ars drainage system discharges into the pond behind
Moo. and Rhop Sup _mArket (,named fond "N in the annlication, D' QT File
64.24) without a pipe connection to Pond. "C" . The, proposed improvements -
..il'_ connect both panda by a niDa, mill =in a larger land area and will
increase flow rates into the ponds and thereby increase the loading of
.,=..._ident- and pollutants k:hich may advarsely, affect both ponds anG the -Forest -
liver
w. '' raDart on '_,ater quality :prepared for the i:onser ation lommission by
: _che:.___l Associates, dated jams ry 10,. 17 ; and a report by the City
of 3a_en ealth Department dated january n, 1972indicate that the hater
quality in Pond *D" behl.lu Mo_ L 3ho_, 3u? rcr`LiP: is at least 'Glass
ana that of the pond at P,_j's ::111 is probably better than Class 3.
i
-
—he proposed drainage improvements have JQ b..G _ detarminud 1..17 be wS-;;t_i_i..FnL-.
to floc-control on the land adjacent to the?on. at gg's ..ill As a result
of t e significance of the proposed dinnin Square drainage improvements, the
folio ing conditions are established: -
1. -ie ..iter quality in either pond shall not be less than Class B due to
co ?otruction Or operation oI the drainage system. Prior to the Start Of
construction the Department of Public Works of Salem and the Conservation
Commission shall establish a street and catch basin cleaning Droxram for
"he drainage area to ma.intainat least Class B water quality. 'This
p-,ol ..._ shall incl,;i water ling 1 monitor effectiveness _
_ _ _ :_e a. - sampling_ to o:_ or mess o� t-
m
cleaning _?r04n'a:T.. �Cle sc'.i'711Tig '>?lll in^_l t...,, tE3sii.1Pg for chlorides 2.G 41e11
k
Minutes of May 2, . 1978 Page 5
as tests for 34'Ost?^Ces. which are _ncl,•laed in ':lazy 3 definition.
;� =^ OLO- "am sh=.11 1. e at ^c'St j a. -il , -as ti e. . tT'Laedl2"G?lf
follo-,T1n OT darn- neriods, Of hi-1 runoff _O'_l0 r e,,..>nded dry per.0:'s,
T
h9i_nn�'_n;�l at the ;11n t;?T fila.. . '1 he cos-, ODTO---Ta1': shall
equally C " the 1 P
JO � y ✓ .D,.1,�_ --,,ant Oi Ua_., `Or.... -'..n- ':3 `:On32rva LiO_.
Co,: is=ion of Sal_e;i
Sapling shall i1c1;1de ot.-ler 7J011U " n+: and s%).ll _e dono ;Ore fTeqli93"t1 j'
as ren'_l93ted. b,-r the �.arb1 7.'..:1. 'clatter le ? . c,r.t l ' r -
. _._J_eh9ad s .tate_
D�ro.rt nt shall be _urlishedith all test
n the event that the 7`arbl(?11?SCJ. ia'„ _ e-artment -_..+.-_-^;:lines that th9
isc =r'"- O' this dra.ina- -sate is resUl:-i il= cond"'Ons ;hich r
.. 00 be - ' - - ,x._07?_d1Ze
t:^e )otentlal use of the Mall adjacent to Pond "'T" as a public S':ator
Si:^•)l•,r the Cltf Of Sale'+. shall_ rs1 - qra ._._� around-✓ r C`h L_,_�C L :,, 1 _ S 'Coi3 04nd Or LYrOUoh
�'ont nen to nrevent iUrth3r contaT1 ''d+1Jn _rJn L1:.- 50�.-_..e . -
� . viltlet Structura fro1m Pond n'n a elevation of .3
.%L9 outlet .3 tlu ti.l-e S'O_I_A a _Ovil 1 idit'1 st0rL)
Other device to -provide a :.".eans t0 __:e79nt the :i^_?rn9 of Nater froa
po l `T to Pond "C'• in the event 0 `�.'.'a: ,i0:": O_ Pond "17" .
,:t.. tno Or.1tlet of- Pond al lV" 4_i:i3�- ri a
Cn installed vj �^
gal )e-)artma t of Public +Or'3 adjaC9 : to th _ nZ 10" dia,Reter ._
0.2t L7'_7' and at the ?amo i nve l e• n� , ^� . e �
rL e _ _ .. _ __� shal l_ �
rtrent of
Cie -ii,nn I lets Or outlets hall ._.,.. bar __.n _.'sL'-=!led t0V07
1
c'lild en ent9.ring the:z.
�• "llhe c-eci fi Cr....io'1S f r the worn shall '_'IIcl'_i'1.. c. t0 ^lniliz..n
l -
Se ' Cnt..t on Ol the nonls durir- c0: -,: U1 t or O 02
-r'1.. �- ilalrcmeit -,hp-ll be in accor?'1.__c:. rl t.. ^_.'_l'd,.l_:-9s --.Or 3011 -and - -
rater -^ons ervat ion 1n .;r Danizinlg Areas of ..ansa.. ,s9`+., � �n_ted Sl`.2te5.
char"t!lent Of %.;�_ic'ul tire, Boil loi'Se-rv,-ati0'? .'�.ei:'i.•_,•••'.nr4 �.
Ill 197
The vote was unanimous and the Chairman declared the motion'carried.
Report on the 'Environment' Sub-Committee
Brian informed the Commission that the final subcommittee report on the
Environment is currently being revised by Cheri Cooper and will be presented
to the Planning Board by James Rienhardt on May 4, 1978.
Inspection
It was the consensus of the members present that an inspection be held on
May 14, 1978 at 10:00 A.M. of Mr. Thomas Hanlon's property at 60 Bayview
Avenue. His sea wall was destroyed during the February storm.
Minutes of May 2, 1978 Page 6,
Forest River Tidal Gates
Brian suggested that a meeting be held between the Park Department, Rec-
retation Department, Board of Health, Marblehead ConCom and the Salem Con
Com during the last week in May to discuss whether the Forest River Tidal.
Gates should remain open or closed during the summer months. Joe is to
make the arrangements for this meeting.
Remarks on the Proposed New Soccer Field for Salem
The Recreation Department is currently trying to obtain a location for a
Soccer field in Salem. One possibility, which is favored by Recreation, is
the old dump site off of Marlborough Road. The second proposed location
is adjacent to field 5 in back of the High School. It was noted that this
second location was also adjacent to the Nature Trail. Brian questioned
possible parking facilities in connection with using the site off of Marl-
bourough Rd. Joe Antonelli is to find out this information.
Discussion of a new Commission Appointment
After a brief discussion, a motion was made by Brian French and seconded by
David DeVoe that the Commission express its gratitude to Mary Ellen Pelletier
for her dedication to the Commission and the commission's regret at her
resignation, and that the Commission recommend Anthony Feeherry to fill
the opening on the Commission. The vote was unanimous and the Chairman
declared the motion carried.
A letter will be written by Brad Northrup to the mayor informing him of the
Commission's recommendation.
Open Space Meeting
There will be a meeting of the Open Space, Conservation and Redreation Plan
committee on May 10, 1978 at 7:30 P.M. to discuss the map to be used for
the required update of the plan.
The meeting was adjourned at 10:15 P.M.
Respectfully submitted,
Conservation Commission
Salem, Massachusetts 07.970
Telephone (617) 715•:,056
Minutes of Meeting April _4, 1978
The Conservation Commission met at One Salem Green on Tuesday, -
April 4 , 1978 at 7 : 45 P.,1. Commission members attending were
Cle. ti Cervoni, Brad Northrup , David DeVoe , James R.ienhardt and
Paul Willis .
Commissioners not attending: Mary Ellen Pelletier and Brian
French
Chairman Brad Northrup declared the public hearing for DPW
opened with a quorum present at 7 : 45 P .M.
Tony Fletcher was present and informed the Commission of the
results of the Marblehead Water Board meeting of Monday, April
17 , 1978 . Marblehead' s Water Board is concerned that the level
of 'Mackey' s pond' not be lowered and that the quality of the
water in this pond remain relatively the same. Charles Miller.
of Hayley and Ward engineering in Waltham will be writing a
covenant along with Marblehead' s Town Council which will set
the minimum standards for this pond . Tony further explained that
Marblehead has a well located 40 feet from an existing pipe .
I
Tony also questioned the necessity of a 60 inch pipe connecting
the two ponds . He would prefer a 3 ft pipe with a dropped inlet
into it . He noted that he would ' grill ' the pipe and that it
will have a gate. Tony also agreed that his department would be
responsible for testing the quality of .water in this pond. Tony
noted that he had agreed to the Marblehead ' s Water Board' s
request to maintain the 10" pipe that presently leaves 'Mackey' s
pond' and that a 16 inch pipe will be installed in addition to .
the existing 10 inch pipe.
Another of Marblehead ' s requests that has been agreed upon is that
if thee quality of the water goes below the standards established
by Marblehead than the pond will be drained and the 36" pipe
will be placed across the pond . Tony stated that he felt xr,
these were acceptable covenants.
Tony also stated that 53 acres , the same amount as present ,
would be served by this drainage system. Attorney Burke ,
representing Thomas Mackey, stated that he thought more than
53 acres would be served and that the drainage would have ` to
change from the present since there will now be a ' direct
line' to his client ' s property .
Minutes of 4/4/78 Page 2 y
I
':-ad Northrup questioned whether the ' specs ' for the project
,re completed. Walter Lezenski stated that they were in
_; .)ston at the present time and Tony Fletcher stated that he
cold try to get a copy for the Commission.
ad Northrup also questioned the ' esthetic ' design of the drain-
- -c system. ITony stated that the design would be like the one
-irst presented and that the only change would be in the size
of the pipe connecting the two ponds. He further stated that
'.here would be oil booms designed in the system as well as a -
tt!:opped inlet.
responding to a question from Attorney Burke , Tony stated
'..iat the water quality of the ponds would be tested on a ,
aor_thly basis.
Brad Northrup requested copies of the covenant that Marblehead
:,s preparing when it is finished so that the information con-
_ained in it could be included in the Order of Conditions
issued by the Commission.
motion was made by Paul Willis and seconded by James Rienhardt
iat the continuation of the hearing for the proposed drainage
.,ject in the Vinnin Square are be scheduled for Tues ., April
.3, 1978 at 7 : 30 P .M. The vote was unanimous and the Chairman
�clared the motion carried .
:'he Chairman closed the public hearing at 8 : 15 P.M.
Che Chairman declared the regular meeting of the Conservation
"cmmission open at 8:16 P.M. with a quorum present .
-he Commission next spoke to Brad Freeman of the Marblehead
.ter Board relevant to the Forest River acquisition plan.
rad Northrup stated the Commission was still interested in
obtaining a conservation easement for Thompson' s Meadow. He
`•irther explained that primarily the Commission wants to
._i::ure that there will be no building in that area in the
`_uture. Brad Freemena, although he could not speak for his
Board, could see no objection to this . Brad Northrup is to
contact Marblehead' s Town Counsel to see what action is planned
on the covenant that was submitted to them by Bill Tinti .
Brad Northrup requested that Cleti Cervoni write letters in
support of the Bottle Bill to Messrs. Harrington, Ruane and
McLaughlin.
iti motion was made by James Rienhardt and seconded by Paul
Willis that the minutes for March 21, 1978 be accepted as corrected.
The vote was unanimous and the Chairman delcared the motion
carried.
Minutes of 4/4/78 Page 3
Correspondance and Communications
There will be a meeting tomorrow night on the Regele83ens for
Coastal Wetlands draft prepared by CZM. Jim Rienhardt suggested
that Brian French attend.
Copies of letters from the Planning Board relevant to repair
work resulting . from _the. Feb . 6th storm for Dion' s Boat Yard ,
Cahill' s Boat Yard and at Mr . Thomas Condon' s -of 25 Beach St..
were noted.
A copy of a letter to Attorney Philip Litman from DEQE informing
him that he could not -appeal the decision by the Salem Con
servation Commission that the work proposed at 4 Dearborn Lane
is-applicable to the Wetlands Protection Act was noted.
Paul Willis informed the Commission that he has formed a pro—
fessional ConCom
rofessionalConCom Assistants Association and that there will
be a workshop relevant to this at Tufts University.
Cleti informed the Commission that the arrangements for Spring
Weekend are almost complete . The invitations for the
Cocktail party will be received by the end of the week and
will be addressed this weekend. - -She has also finalized arrange-
ments relevant to the boat trip to be held..on Sunday of the
Weekend. The boat cruise will start at 2 :00 and will cost
$2 ,
per- person. - The owner of the Stacey Star has required that
there be a minimum of 30 persons for the cruise. She also
informed the Commission that the posters for the weekend are
being designed by Mary Ellen Pelletier' s daughter and will be
available for distribution by the next meeting.
The Commission was informed that Attorney Peter Merry and David
. Lash are meeting Thurs . morning to- review- the order of taking
for the Forest River area. The Order of Taking will then be
presented to the City Council and notice will be sent to the
owners of land_in_ the area by . the end of next week. It was
noted that signs have to be posted in this area.
The Commission was reminded of the meeting relevant to the Man
and Environment element of the Master Plan that will be held this
Thurs. at 7 : 30 P .M. Commissioners were encouraged to attend.
Relevant to the inspection of Mr. Ginkus' property at 16
Glover St . it was noted that he wishes to repair his seawall and
black top his driveway . He will be sent a Notice of Intent and
a letter explaining that the work he is proposing is applicable
to the Wetlands Protection Act .
Minutes of 4/4/ 78 Page 4 . .
George Kastinakis was present to discuss the rebuilding of
;lis seawall on the western side of Stromberg°s restraurant.
"ice work he proposed does require a Notice of Intent and. he was
;i . on one to fill out .
.'n addition, Paul Willis visited the site owned by Mr.
astinakis° brother-in-law located across the street from
.,trombergs. After viewing the storm related damage, Paul gave
Notice of Intent to Mr. Kastinakis for his brother in law,
':r. Lagonaris, to fill out .
._'_evant to the application of New England Power for a Special
..'ermit from the Planning Board, David DeVoe explained that he '
:.a:3 reviewed the plans and that New England Power plans to
construct a concrete bunker around the tanks and that an
i.ievanted pump will be built . He added that the specs refer to
:rrent federal and state standards . Paul Willis asked if they
-ere planning on pulverzing the coal . It was the consensus
if the Commissioners that the commenting. sheet be returned as
n2ading more information.
. .':levant to the meeting between the Mayor and various members
.F the Commision, Brad reported that the Mayor felt that the
,ommissdon could continue for the next year using CETA to
-'apply the conservation aide. The mayor also suggested a
project grant with a project supervisor through CETA. Brad
-411 write the Mayor a letter confiming the opinions expressed
-elevant to this at themeeting and a copy will be sent to
:ouncillors Martineau and Daly.
A letter of support will be sent to Steven Zisson relevant to
housing for the elderly;
;rad Northrup will .contact Jim Daly: in order to ascertain whether
ate can attend the Open Space Meeting on Thurs.
The meeting was adjourned at 10 : 30 P.M. .
Respectfully submitted,
Uonsen-ahon Commission
r Salem. Dgassachusetts 01970
AGENDA FOR MEETING 3/21/78
1 , Wetlands Hearing Continuation for DPW Vinnin Sq
2. Acceptance of minutes of meetings of 2/21/78 and 3/7/78
3. Correspondence and Communication
4. Request for "Determination of Applicability"
Raymond Tardiff
5. "Determination" Update on Ronald Plante
6. Special Permit request from New England Power
7. Notice of Intent filing for Pickman Park
8. On site inspections - emergency Permits
a. Mr. Donald Derflinger
b. Dion's Boat Yard
c. Leach St. Beach
d. Mr. Thomas Condon
e. Plummer School for Boys
f. Salem Willows Yacht Club
g. Mr. Michael Michaud
h. Mrs Doris Crandall
9. Wetlands Property owners letters
10. Con. , O.S. & R Plan update
11 . Spring Weekend update
i
12. New Youth Training Program Employment
13. Business Cards distributed
•
`t Conservation Commission.
r Salem. Massachusetts 01970
F, .Vis
CITY OF SALE".4
COPSE ERVATION COil lSHO t
WETLANDS HARING
A continuation of a public hearipg will be held as required by the
Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request
of the Salem Department of Public Works, One Salem Green, Salem,
Massachusetts . The purpose of the hearing is to explore the effects
of the installation of storm drainage pipes in the Vinnin Square area
at the end of Linden Ave. and Chandler toad. The hearing will be
held on Tuesday, March 21, 1978, at 7:30 P.M. on the third floor
of One Salem Green.
Bradford". liorthrup
Chairman
BCN/sm
,-larch 16, 1973
•
MON Co
vz Conservation Commission
• y Salem. Massachusetts 01970
`yASSPCN�
CORRECTED 4/4/78
Minutes of Meeting------March 21, 1978
The Conservation Commission met at One Salem Green on Tuesday, March 21,
1978 at 7:35 P.M. Commission members attending were: Cleti Cervoni,
Brad Northrup, Brian French, and David DeVoe . Joe Antonelli, Conservation
Aide was also present.
Commissioners not attending: Paul Willis, James Rienhardt, Mary Ellen
Pelletier.
The Chairman declared the meeting in session with a quorum present
at 7:35 P.M.`
Wetlands Hearing Continuation
A letter has been received from Paul Lausier, of the office of Town
Counsel of Marblehead, stating that before "any final steps are taken to
authorize the proposed drainage construction, the Town of Marblehead,
through its Water Department, would appreciate representatives of Salem
• meet with the Town to discuss the matter." In the ensuing discussion
it was the sense of the Commission that Joe Antonelli arrange a meeting
between representatives of Salem's Engineering Dept., Salem ConCom,and
Marblehead's Water Department to be held prior to the Conservation
meeting of April 4, 1978. Brian French reiterated that the Commission
needs the'design calculations' for the proposed drainage work at Vinnin
Square. Joe is to speak to Tony Fletcher relevant to this. A motion
was made by Brian French and secodded by Cleti Cervoni that the
continuation of the hearing for the proposed drainage project in the
Vinnin Square area be scheduled for Tues. , April 4, 1978 at 7:30 P.M.
The vote was unanimous and the chairman declared the motion carried.
Acceptance of Minutes
A motion was made by Cleti Cervoni and seconded by David DeVoe that the
minutes for February 21, 1978 be approved as written. Cleti Cervoni,
David DeVoe and Brad Northrup voted yea. Brian French voted nay. The
Chairman declared the motion carried.
A motion was-made by Brian French and seconded by Cleti Cervoni that
the minutes of March 7, 1978 be accepted as corrected. The vote was
unanimous and the chairman declared the motion carried.
On site Inspections - Emergency Permits
• Mr. Philip Cahill was present to discuss the proposed work. He stated
that as a result of the Feb. 6th blizzard the riprap on his property as
well as his complete launching ramp and pier- needs replacing .. Brian
stated that an Emergency Permit cannot be issued at this time because
Mr. Cahill will have to have 100% replacement of his jetty. A motion
was made by Brian French 'and seconded by Cleti Cervoni that the
Minutes of 3/21/78 Page 2
Wetlands Protection Act is not applicable to the replacement of the jetty
and pilings as well as the riprap as it previously existed. The vote
was unanimous and the Chairman declared the motion carried.
Dion's Boat Yard
Mr. Leo Dion was present to discuss the proposed action relevant to
his boat yard on Glendale Ave. Brian French reported on the results of
the inspection held on March 12, 1978. Brian stated that the floor of
the boathouse and the riprap to the side of the boathouse located on
the northeast section of. the boatyard needs replacement. In addition the repair of
-the -S and dolphins located on the northeast section
r
_I needs replacement. Finally, the bulkhead located in the south-
east section of the property needs replacement.
Brian further explained that in speaking to Mr. Dion, Mr. Dion had
stated that he proposed replacing the floor of the boathouse, the
r@prap to the side of it as well as the pier, pilings and dolphin as
it existed before the storm. Because this work would be one of re-
placement, Brian stated that the Wetlands Protection Act could be
found inapplicable. Brian further explained, however, that Mr. Dion
had stated that the bulkhead located on the southeast section of the
property was to be replaced in a different location and would involve
filling approximately 30 feet. For this reason, Brian stated that
a Notice of Intent would have to be submitted for this proposed work.
Mr. Dion then stated, that after further consideration, he now pro-
posed replacing the bulkhead directly in front of the bulkhead damaged
by the storm. He pointed out that by doing this there would be no
new filing necessary.
A motion was made by Brian French and seconded by Cleti Cervoni that the
Wetlands Protection Act is not applicable to the following work:
1. Replacement of the boathouse floor, and riprap to the side of- the
boathouse. '
2 . Replacement of the pier, pilings and dolphins located on the
northeast section of the property.
3. Replacement of the bulhead as long as the new bulkhead is placed
in front of the disturbed "with no new -filling.
4 . The pier will be repaired .
The vote was unanimous and the Chairman declared the motion carried.
Mr. Ginkus of 16 Glover Street (74.5-6414) was present to inform the
Commission that he wants to rebuild his sea wall because of damage
inflicted by the storm. Brad Northrup informed him that an on site
inspection of the site by the Commission is necessary before any
action can be taken. It was the consensus of the Commission that the
inspection be held on April 2, 1978.
Reginold Hartley, of the Marblehead ConCom was present to discuss the
damage and actions resulting from it. He explained that the Marblehead
Commission had issued 28 emergency permits, but that the Marblehead
Minutes of 3/21/?8 Page 3
• ConCom was requiring a Notice of Intent for reconstruction of seawalls.
He noted that, at this time; there have been 26 filings.
Mr. Hartley also informed the Commission that at the MACC meeting held in
Worcester, it was discussed that the ConCom's of the Coastal Communities
of the North Shore meet to discuss standarizing actions taken by the
Commissions relevant to the Wetlands Protection Act. Mr. Hartley further
stated that the Commission should receive notice of this proposed meeting
shortly.
Mr. Hartley next informed the Commission that the oil spill from the
Global Hope is now being handled by the Coast Guard. He explained that
approximately 1000 cubic yards of sand have been removed at this time
and been replaced by 'clean' sand. He stated that this work would be
going on all summer.
On Site Inpections - Emergency Permits
In reviewing the on site inspections that have been made, it was stated
that Mr. Donald Derflinger has been issued an Emergency Permit for his
proposed work and that he will submit a Notice of Intent when he
reconstructs his sea wall.
• Mr. Thomas Condon has -also been issued an Emergency Order since the
damage to his property was less than loo.
Relevant to the Plummer Home for Boys, it was stated that they will
submit a Notice of Intent for their proposed work. A motion was made
by Brian French and seconded by Cleti Cervoni that the Notice of Intent
and accompanying plans to be submitted by the Plummer Home for Boys be
prepared by a Registered Civil Engineer. The vote was unanimous a_n_d
the Chairman declared the motion carried. Joe is to inform the,
Plummer Home for Boys of this decision.
Relevant to the Salem Willows Yacht Club it was noted that their plans
call for the repair of existing damage and the installation of a new
holding tank above mean high water. A motion was made by Brian French
and seconded by Cleti Cervoni that the Wetlands Protection Act is not
applicable to the work proposed. The vote was unanimous and the chairman
declared the motion carried.
Relevant to the storm damage to ''James ,.'Michaud's sea wall it was noted
hat he plans to knock down the rest of the wall and completely rebuild
his sea wall. A motion was made by Brian French and seconded by David
DeVoe that the Notice of Intent and accompanying plans to be submitted
by Mr. -James _ Michaud for the proposed work on the seawall at 140
Bayview Ave. be prepared by a Registered Civil Engineer. The vote
was unanimous and the chairman declared the motion carried. Joe is to
inform Mr. Michaud of this decision.
Minutes of 3/21/78 Page 4
• Relevant to the storm damage to Mr. Doris Crandall's seawall in the
Juniper Cove Area it was noted that she plans to extend the sea wall
which was damaged by the Feb. 6th blizzrd. A motion was made by Brian
French and seconded by Cleti Cervoni that the Notice of Intent and
accompanying plans to be submitted by Mis. Doris Crandall for the
proposed work on her sea wall be prepared by a Registered Civil
Engineer. The vote was unanimous and the Chairman declared the motion
carried. Joe is to inform Mrs. Crandall of this decision
Correspondeii`ce�-and Communications
A copy of in "Environmental Notification Form" from MEPA has been
received. This form is to be used in conjunction with work proposed
utilizing State Grants. This form will be discussed at the continuation
of the public hearing for the proposed work in the Vinnin Square area.
The draft regulations for Wetlands Protection from CZM has been received.
Joe noted that draft regulations for Waterways and Mineral Resources
will be received in the near future. Jim Rienhardt and Brian French
are to review the draft regulations received. It was noted that the
public hearing for these draft regulations is planned for May.
Notification has been received from the MAPC of the availability of various
'legal case abstracts' . Joe is to contact them in order to ascertain
whether any of these abstracts apply to Salem.
• A list of pending bills has been received from the Conservation
Legislative Bulletin. Cleti Cerooni is to review this list and re-
quest copies of those bills that would be significant to the Salem
Area.
The Commission was informed that Tom Arnold of the�Conservation_,Law
Foundation will now be associated with;the'Scenic River' ':3egislaton.
Joe is to call Mr. Arnold relevant to the Foreet River.`
Relevant to the proposed bottle bill, Cleti is to draft a letter of
endorsement to be sent to various legislators.
Brian French noted that there was a legislative bill pending that
calls for the suspension of local jurisdiction relevant to storm
damage.
Request for "Determination of Applicability" Raymond Tardiff
Mr. Tardiff's "Request for a Determination" relevant to the installation of
three 10' X 20' floats and a gangway on the west side of Central Wharf in
the South River has been received by the Commission. A motion was made
by Brian French and seconded by David DeVoe that the Wetlands Protection
Act is not applicable to the proposed istallation and maintainance of
a dock at Central Wharf. The vote was unanimous and the chairman declared
the motion carried.
Minutes of 3/21/78 Page 5
• "Determination" Update on Ronald Plante
A copy of a letter written to Mr. Tarbell of the DEQE by Attorney Lippman
stating that his client disagreed with the determination rendered by the
Salem ConCom was noted. Brad Northrup stated that there is no right of
appeal on a Determination that calls for the submission of a Notice of
Intent. Joe is to contact Mr. Tarbell, of the DEQE, and Attorney Lippman
relevant to this.
Special Permit Request from New England Power
New England Power has applied to the Planning Board relevant to work they
plan to do in a flood hazard zone. David DeVoe is to review this appli-
cation and report on it at the next Commission meeting.
Notice Of Intent - Pickman Park
-
A Notice of Intent has been received from Salem Acres relative to the
proposed Pickman Park development. Brian French is to review the Notice
of Intent for further discussion at the next Commission meeting. There
will be an on site inspection of the proposed development area on April
2, 1978. A motion was made by Brian French and seconded by Cleti Cervoni
that the public hearing for the proposed work by Salem Acres be held
April 10, 1978 at 8:00 P.M. The vote was unanimous and the Chairman
declared the motion carried.
• Wetlands Property Owners Letter
A brief discussion was held relevant to the letter prepared by Brian French
to be included in the mailing to property owners in Wetland and Coastal
areas. A sentence was added to the letter that would further clarify that
materials mailed are for informational purposes.
Conservation Open Space & Recreation Plan Update
A letter has been received from John Adhern of the Park Commission stating
the four recommendations from the Park Commission relevant to the Conser-
vation, Open Space and Recreation Plan. The four recommendations are as
follows:
1. Expand the Salem Golf course from 9-18 holes.
2. Kernwood Park be utilized for passive recreation.
3. A waterfront park be created along Webb St. in the Collins Cove area.
4. A boat livery be established on the waterfront of the Forest River.
Joe noted that Paul Willis had informed him that he has met with the
Waterways Advisory Board and Harbormaster and their written comments
should be received by April 12, 1978.
•
Minutes of 3/21/78 Page 6
• Spring Weekend Update
Cleti reported that the invitations for Spring Weekend have been ordered.
The Daniel's House has been contacted relevant to the cocktail party to
be held on Friday, May 5, 1978. She will investigate the rental possibilites
of canoes by the next meeting. Joe is to contact Mr. Tardiff relevant
to the boat cruise scheduled for May 7, 1978.
Joe reported that he has spoken to Mary Hyland of Heritage Trust and she
informed him that the official opening for Pickering Wharf is planned for
the first week in June. She stated that there will be special showings
at the theater in May. Mary further stated that the theater could be
available to the Commission for a showing of the movie "The Voyage of the
India Star" after the boat tour of the harbor planned for Sun., May 7th.
It was the consenses of the members present that the movie preview be
made available after the boat cruise.
Relevant to the picnic to be held Sat. , May 6th on Eagle Hill, Cleti and
Joe are to check on the availability of telescopes and explore the
possibilities of some kind of musical entertainment during the picnic.
It was the consensus of the members present that the issuing of a Con-
servation award at the cocktail party be eliminated.
New Youth Training Program Employment
• Joe informed the Commission that a CETA youth training program for 16-
21 year olds is being planned for this summer. Amy Schmulberger is the
coordinator for this project. Joe also informed the Commission that there
will also be CETA group projects with CETA providing supervisors for the
groups. After a brief discussion, it was the sense of the Commission that
Brad Northrup and Joe Antonelli meet with the Planning Department to
discuss various projects that could be accomplished through these CETA
projects.
Forest River
Brad informed the Commission that the grant for $9,100 from the self help
funding has been officially approved. In addition the,appraisals sub-
mitted to BOR have been accepted and .the actual land acquisition will be
dealt with now.
David Lash of the Planning Department stated that Attorney Merry is
supervising the completion of the necessary surveying and that he will be
done with his work in a week or ten days. The land taking will be pre-
sented to the City Council on April 13, 1978. David explained that manage-
ment monies for FY 1979 will not be requested if the City receives the
UDAG grant. It was noted that a management plan for the Forest River
area will have to be prepared.
The meeting was adjourned at 10:35 P.M.
Respectfully submitted,
oR
ConservationUlCommission
(� Salem. Massachusetts 01970
Minutes of Meeting-------March 7, 1978
The Conservation Commission met at One Salem Green on Tuesday, March 7,
1978 at 7:35 P.M. Commission members attending were: Cleti Cervoni,
Brad Northrup, Brian French, Jim Rienhardt, David DeVoe, and Mary
Ellen Pelletier. Joe Antonelli, Conservation Aide, was also present.
Commissioners not attending: Paul Willis
The Chairman called the meeting to order with a quorum present at 7:35 P.M.
A motion was made by Brian French and seconded by Jim Rienhardt to
accept the minutes of the Special Meeting of January 30, 1978 as
corrected. The vote was unanimous and the chairman declared the motion
carried.
A motion was made by [Mary Ellen Pelletier and seconded by Jim Rienhardt
to accept the minutes of the meeting of February 14, 1978 as corrected.
The vote was unanimous and the chairman declared the motion carried.
• Correspondence and Communications
The Commission has received notice that there will be a :tater Policy
conference on March 10th from 9:30 A.M. - 12:00 P.M. Joe Antonelli
is to attend.
Relevant to the proposed CZM Plan, a copy of the response from State
Attorney General Belotti to questions of legality posed by Evylyn
Murphy.
Regarding the grant that the Salem Planning Department submitted to
CZM for a three day symposium on Salem's waterfront, it was noted that
11 out of the 19 grant proposals submitted were granted. Guidelines
for future CZM ,
;
CZiM. rants will be sent to the Planning Department from
'notification has been received from the City Clerk that Bradford C.
Northrun has been reappointed to the Conservation Commission.
Jim Rienhardt has written a letter to the Salem Evening News relevant
to the coastal zone damn e that resulted from the Feb. 6-7th store,.
This letter will be submitted -to the Salem Evening ileus this week.
Cheri Cooper of the Planrinl- Department next met with the commission
.to discuss the City's Master Plan as well as the Con/con's Conservation
• Open Space and ,Recreation Plan. Cheri informed the Commission that the
Planning Board wants' to have ajoint meeting to discuss the a'nvironment
element of the Master Plan on April 6, 1978. At this time she is unsure
Minutes of 3/7/73 Page 2
whether this joint meeting will be with the Con/Com and Planning Board as
a whole or whether it will consist of representatives of various City
boards and agencies.
Cheri then started discussion on the handouts she has prepared for the
Commission. She explained that the pages entitled "Areas of Concern
Identified for farther 'Study by Conservation Commission" are a result
of "brainstorming" sessions of the Planning Department and Planning
Board. They raise issues important to the Environment element of the
faster Plan and Cheri asked that the Commissioners review them for
further input.
Cheri then questioned whether the April 5th meeting date with the Planning
Board will fit in with the time schedule established by the Commission
for the Conservation Open . Space and Recreation Plan. Jim Rienhardt stated
that the Commission was still on target for their Parch meeting. Jim
added that the parks and recreation commissions have been contacted
and will be submitting their materials by Parch 14th. It was noted
that Paul gillis has not yet met with the Waterways Advisory Board,
but that that should be accomplished by the end of Parch. Reports
relevant to the Forest River land acquisition, as well as the Wetland
Flood Hazard Zoning will also be completed by that time.
Cheri next informed the Commission that she will be receiving a 1 in =
400 ft. mylar of topography by the end of the week. Brian French
requested that the Commission receive two copies of this topo map for
work sheets. Brian further stated that these work sheets are necessary
for Conservation's input to the Piaster Plan as well as the update for •
the Conservation Open Space and Recreation Plan. He also pointed out
that Manning Board Aide, Michael Moniz, has agreed to transfer Wetland
areas and their buffer zones to the topo map.
In reviewing the current land use map Cheri explained that land
labeled 80 is public open. space and consists of park and recreation
land, cemetery and conservation land. Parcels of land labelled 70
and colored orange on the map includes tax titled land owned by the City.
This land is public/quasi-public land. Parcels of land marked with the
f number 90 includes vacant land owned by the City. This land is not
tax title land and includes areas such as Fort Lee, Winter Island and
the Plummer Rome for Boys . She pointed out that the present land use
map is not complete and input from the ConCom, as well as Parks and
Recreation and the Waterways Advisory Board is necessary for its com-
pletion. Brad Northrup noted that school land was not included on the
present map. Cheri also added that the ownershop and acreage of parcels
of land that have potential as a possible greenbelt have been included
on the present map.
Cheri also stated that the Harbor Islands have not been included for two
reasons . One is that there is no usable map available and the second
is that the islands should really be included as part of the waterfront.
I
Minutes of 3/7/78 Page 3
• In referring to la. of the outline she submitted to the Commission, Cheri
explained that she wanted the Commission to add its input relevant to
current land use that is not, as of now, outlined on the land use map,
as well as specifing areas that are "environmentally sensitive" and
should be protected in the future. In further elaborating on possible
future land use, Cheri stated that she wanted input relevant to land that
the Commission feels should be protected and recommended tools of pro-
tection such as Conservation Restrictions, easements or outright purchase
of land. Cheri also requested that any land on the land use map that
is not marked 70, 80 or 90 and should be, be added by the Commission.
Brad Northrup pointed out that for the Commission to do a complete
analysis of existing and potential land use, a topo map including
wetland areas is essential. He also questioned whether there would be
enough time for this to be accomplished before the April 6th joint
meeting with the Planning Board. It was the consensus of the Commission .
members present that a work session relevant to the land use map be
held Sunday, Harch 19, 1978 at 7:00 P.M. at Brad Northrup's home .
Cheri further explained that soon the information from the assessors
Department will be placed in the computer. It is her aim that additional
information, including Wetland/Flood Hazard designation, as well as
land use potential also be programmed into the computer. She also
informed the Commission that the Planning Department was in the process
of accumulating information for property analysis cards which goes
beyond the information contained in the assessor's office. Brian
• French stated that he would like to see one of these property analysis
cards . Cheri noted that the accumulation of information for these
cards is still in the beginning stages.
Cheri next pointed out that she would like information relevant to land
that could potentially be used for land fill. She pointed out that if
areas are not designated, than there will be "bandit landfilling" which is
potentially quite dangerous . Cheri pointed out that the present site
of Lynn Sand and Stone might be a -possibility for this use.
In discussing possible zoning changes that could be implemented as a
result of the Master Plan, Cheri commented that it was possible that
some land areas could be zoned for PUD only. Possible land areas
that could be included under this designation are Kernwood Country
Club, Cabot Farm, and the Municipal Golf Course.
Cheri ended by requesting that the Commission spend some time discussing
possible policy and action plans relevant to water quality, energy use,
and noise quality.
rIr. Durflin er was present to discuss the sea wall on his property .
Brad Nforthrup briefly reviewed the history of this seawall. He pointed
out that although the City Engineer had first thought the sea wall would
be repaired under a CFTA. program, he later established that ;dr. Durflinger's
sea:;all was not a public seawall and so could not be repaired under a
• City pro;ram.
Minutes of 3/7/78 Page 4
Mr. Durflinger stated that as a result of the February blizzard his
gaga e is now within t�ao feet of sliding into the harbor. He further •
informed the Commission that he had applied for a 30 year disaster
loan from the Federal government and had been turned down. Because of
this he has gone to Congressman Harrington's office for alternative
action. Congressman Harrington is examining grant possibilities
for Mr. Durlinger and Harrington suggested that Mr. Durflinger speak
UO the Commission relevant to the emergency procedures under the Wetlands
Protection Act. Mr. Durflinger also stated that two contractors have
viewed the sea wall damage and that neither one will give him an
estimate until Mr. Durflinger's grant application has been approved.
Brad Northrup suggested that a Notice of Intent be submitted to the
Commission. After that the Commission can view the site and then
geve approval under the emergency section of the Wetlands Protection
Act. This would eliminate the need for a public hearing. Mr. Durflinger
stated that Friday :gas the deadline for him to submit his grant application.
Brad Northrup stated that he didn't think that Mr. Durflinger needed
the 'on'on's approval to apply for the grant. Mr. Durflinoer stated
that he did need the temporary permit in order to obtain estimates
from contractors. It was the consensus of the Commission that Joe
Antonelli view the site tomorrow at 10:00 A.M. Brian French pointed
out that the ConCom w'as.not the only agency to be dealt with relevant to
this work. Brian stated that the Salem Planning .Board, as well as the
Army Corps of Engineers and the Division of Waterways also have to be
dealt with. Joe Antonelli stated that in an Addendum received by the
- Commission from the Governo'r's office (Executive Order 142) implementa- •
tion of the Emergency _procedures of the Wetlands Protection Act was
more fully discussed. This executive order outlined that a temporary
permit could be issued that would eliminate the need for a Notice of
intent. Mr. Durflinger stated that although he wanted the sea wall
replaced at some future date, at this time he :rants to place large stones
behind the sea .gall to protect his land from further damage.
Brad Northrup stated that an emergency permit for this work could be
issued by the Commission and a. notice of Intent issued before tr.
Durflinger begins work on actual reconstruction of his sea wall Joe
Antonelli stated that he will contact the DEQ11 and the Army Corps
of 'Engineers in order to ascertain whether any application has to
be made to them relevant to the emergency procedures of the Wetlands
Protection Act.
It was the consensus of the Commission members present that a Wetlands
Inspection be scheduled for Sunday March 12, 1978 at 10:00 2.14.
Dion's Boat Yard as well as the leach St. property will be viewed at that
time .
Jim dienhardt, in speaking of CZ1,1, stated that the Commission has been
formall> thanked for their pa'rtic _nation in the Citizen's Advisory
Groep for the CZ" Plan. He further stated that another Advisory Council
is now being formed to deal with the implementation of the CZ1,1 Plan.
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Minutes of 3/7/78 Page 5
• He added that the Mayor will be asked to appoint a person to represent
Salem on this advisory council. It was the consensus of the Commission
that a letter be written to the Mayor recommending that the appoint
Jim Rienhardt to this Advisory Council,
After A brief discussion of the Wetlands Hearing that was to have
been held at 7:30 P.M. this evening, a motion was made by Brian French
and seconded by James Rienhardt that a continuation of the Wetlands
Hearing for the proposed drainage work in the Vinnin Square area be
held at 7:30 P .M. on Larch 21, 1978 at One Salem Green. The vote
was unanimous and the Chairman declared the motion carried.
Brian stated that the Commission still requires the design calculations
from the State before a Notice of Intent can be issued to the Department
of Public Works. -
The Commission next considered a Request for a Determination from Ron
Plante relevant to land located at 4 Dearborn Road. The plans included '
call for a house and swimming pool to be built on this property. After
a brief discussion, a motion was made by Brian French and seconded
by dleti Cervoni that the work proposed at 4 Dearborn Rd. is significant
to the Wetlands Protection Act and will require a Notice of Intent.
The vote was unanimous and the Chairman declared the motion carried.
Cleti Cervoni reported that she has met with Recreation last.Thursday
and .that that was the first time they had seen the Conservation Open
Snace and Recreation Plan. She stated that they will complete their
input for the update for this plan.
Joe reported that he is to meet with Mr. LaBlanc at 11:30 A.M.
tomorrow to discuss the Leach St. property. Joe is also to obtain a
copy ofthe deed for this property.
Brian French read the cover letter he has written to be included in
the mailing to owners of Wetland land and Coastal proterties. Brad
Northrup suggested that the Planning Department be asked to write a
summary of the Wetland/Flood Hazard Zoning to be included in this mailing
rater than including the zoning ordinance itself. Joe is to speak to
Michael Moniz of the Planning Department relevant to this.
Relevant to the MACC Annual Meeting to be held on [March 18; 1978 in
Worcester, Joe Antonelli will attend.
A discussion was next held relevant to Conservation's Spring Weekend
which will be held May 5,6, and 7. Cleti reported that the cocktail
party will be held the evening of iiay 5th from 6 - 9:00 P.M. at the
Daniel's ':.House. Brad suggested that the First Conservation award
be presented at the cocktail party . Each commissioner could submit
the names of possible candidates for this award and a selection
made by the whole Commission.
Minutes of 3/7/73 Pa-e 6 '
0
During the ensuing discussion the possibility of a canoe trip of the •
Forest River ending with a picnic on Eagle Hill in the afternoon
iias discussed. It was also noted that maos could be handed out
outlining vmlks in the Forest River Area. Cleti is to check in
the costs and sources of canoes in the area. The ConC , also discussed.
the possibility of the posters used for the advertisement of Spring
➢(eekend could serve as a high school project.
The meeting Bras adjourned at 10:35 P.M.
Respectfully submitted
I
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='Z Conservation Uommission
Salem. Alassaclmsctts 01970
AGENDA 3I?I7B
1. Distribution of Minutes 2/21/78
2. Acceptance of Minutes 1/30/78 and 2/14/78
3. Correspondence and
p Communication
4. Cheryl Cooper - Open Space Plan (and maps)
5. Ronald Plante - Request for Determination
6. CZM Update - Jim Rienhardt
7. Leach St. Beach - Joe Antonelli
8. Wetlands List Draft Letter - Brian French
Ili • 9. MACC Annual Meeting - 3/18/78 Worcester
10. Discussion on the executive order and the Emergency Special Permit - Joe Antonelli
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11. Spring Weekend 1978 - Cleti Cervoni
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,,\ON Co
Conservation Commission
" Salem. Massachusetts 01970
yASSt�v
AGENDA - FEBRUARY 21, 1978
1. Wetlands Hearing - DPW Continuation
2. Acceptance of Minutes of 1/30/78
3. Correspondance and Communications
4. Annual Report (Revisions) (Joe)
5. Meeting with Salem Evening News (Joe & Jim)
6. Leach St. Beach update (Joe)
7. Cat Cove Marine Lab Update (Joe)
8. Plummer Home for Boys visit (Joe)
9. Open Space Update (Cleti)
•
10. Wetlands Property Listings
11. Harbormaster's report of storm damage (Joe)
12. Stationary Order (Joe)
13. State Environmental Legislation Workshop 2/25/78 (Joe)
Conservation Commission
Salem. Massachusetts 01970
MINUTES OF MEESTING - FrEBRUAR'L 21, 1978
The Conservation Commission met at One Salem Green on Tuesday, February
21, 1978 at 7:30 P.M. Commission members attending were: Cleti Cervoni,
Jim Rienhardt, Brian French, Brad Northrup, Mary ellen Pelletier, and
David DeVoe.
Commission members not attending: Paul Willis
Chairman Brad Northrup opened the continuation of • the public hearing
for the Department of Public Works at 7:35 P.M. with a quorum present.
This public hearing is being held to consider the effects ofthe proposed
installation of storm drainage pipes in the Vinnin Square area at the
end of Linden Ave. and Chandler Road.
Brian French, having viewed the site, started that the elevations for
Pond D were above those indicated on the Plans and he asked Tony
Fletcher, the City Engineer, the differential between mean low water
and mean sea level. Tony replied that the difference was 4.8 feet.
Brian stated that he still thought that the pond should be kept higher
than had been proposed on the Plan. The City engineer stated that he
wanter to lower the Stop & Shop pond (pond D) to its historic elevation.
He further explained that since the drainage ditch near Peter St. had
been filled there had been more flooding in the area. As an example,
he pointed out that Stop & Shop has had flooding in their basement.
Brian then stated that the crater level at Pond D appears to be suffi-
cient.
Brian French further pointed out that Mackey's Pond looks as if the pipes
need to be cleaned out. Attorney Burke, representing Mr. Thomas Mackey,
explained that the Town of Marblehead had installed an earthen clam
years ago. Tony Fletcher added that he has been informed by Mr. Harris
of the Marblehead Water Department that the 10" pipe located in Mackey's
pond :•ra.s installed by Marblehead in 1900. Tony further stated that a
14" cast iron pipe was installed where the road crosses near Mackey's pond
in the fifties. Tony then suggested that the 10" pipe be eliminated and
that the drainage bo.�illowed to flow in a natural swale. Tony stated that
he would further investigate this possibility before a final decision
to remove the pipe was made.
Brian then questioned what precautions were being planned to insure that
children do not enter the proposed pipe let.reen the two ponds. Tony
noted that the necessary precautions will be taken and some device installed
to prevent'children from entering.
Because of the inclement weather during the past month, the calculations
and testing requested by the ConCom were unable to be done . Tony informed
the commission that the tests that had been done showed that the PH count
'Ainutes of hleetinF 2/21/78 Page 2
for both ponds was 6.7 and that the fecal colorform was tested at 4
parts . Tony also stated that his testing indicated no hydrocarbons present
in either pond. Brian French stated that the testing that had been
done by the Commission indicated a high chloride count. Brian then
reviewed other results of the testing clone for the Commission by Thomas
Rich.
Tony further explained that the pipe connecting the two ponds is going to
be concrete. He added that ever though .stone would be more attractive,
he felt the area of maintenance had to be considered as a deciding
factor. He did say, however, that the banks are ragged now and that
cosmetic Bork would be done to hide the pipe as much as possible.
Richard Swenson stated that calculations will be done before the next
public hearing. He also stated that the difference in rates of precipi-
tation between the 10 year storm and the 100 year flood do not vary as
greatly as one might think. For the ten year storm the rate is 2 inckes
per hour and for the 100 year flood the rate is 3 inches per hour.
A motion was made by Brian French and seconded by Gleti Cervoni that the
public hearing be continued until march 7, 1978 at 7:30 P.i+l.
Chairman Brad Northrup called the regular meeting of the Conservation
Commission to order at $410 P.M. with a quorum present.
Tony Fletcher briefly spoke to the Commission relevant to the clean up
that is being done as a result of the recent storm. Tony explained that
clean up has started relevant to the debris that was tossed up in the
Leech St. area as well as other areas . He also stated that damage to
Winter Island and the Plummer Home for Boys was extensive. He added that
a complete photographic record of the storm damage in the coastal area
Is now being compiled. He stated that he would probably be able to give
a presentation of damage done to docks and seawalls around the City by
the next meeting. He stressed that much of the repair work should begin
as soon as possible and asked that the Commission try to expedite matters
as much as possible. Brad informed Tony that emergency procedures under
the Wetlands Protection Act have been issued by the State and that they
will speed up the filing process .
Tony also stated that Gunter Island is .to be treated separately because there
is a, question of whose jurisdiction 'the repair work falls under. He added
that riprap as well as a good amount bf fill will be necessary for Winter
Island.
Mary Ellen Pelletier questioned the damage to Fort Pickering. Tony replied
that there was heavy damage to the ramp and the lighthouse.
It was the consensus of the Commission that the minutes for the special
meeting of January 30, 1978 be deferred until the next meeting.
Minutes of Meeting 2/21/78 Page 3
4
Raymond Tardi£ of 40 Columbus Ave . was present to submit his "Request
to Determine Applicability of the Wetlands Protection Act" . He explained
that he wishes to install three 10' X 20' floats and a gangway on the west
side of Central Wharf in the South River. He also explained that the
purpose of these floats is for the landing and discharge of passengers
taking excursion tours of Salem Harbor. He added that these floats would
be in the water from May until August and then they would be removed.
He also stated that he has applied for a permit from the Army Corps
of Engineers for this project. .
Jim Rienhardt questioned whether the Zdonowicz Brothers and their desire
for dockage enters into any decision the Commission may reach. Brad stated
that that issue did not come under the Commission's jurisdiction.
Brian French noted that the "Request to Determine Applicability" was not
delivered by certified mail. Mr. Tardif will do this and the Commission
will act on this at their next meeting.
Correspondance and Communications
The MAPC will hold a open Panel discussion on the 208 Water Quality Program
on February 22, 1978.
The Commission has received the guidelines for the administration of
the Wetlands Protection Act for the emergency conditions created by the
storm of Feb. 6. The Commissioner—s1will each receeve a copy of this
emergency legislation. Joe informed the Commission that the Harbormaster
will be submitting a list of the storm damage for the Commission's use.
The XACC is to hold their annual meeting on March 18, 1978 in Worcester.
Discussion of attendance will be held at the next meeting.
Brian French has written a letter to the Planning Board, Board of Appeal,
and the Board of Health relevant to Mr. Hewitt's request to fill land
off Clark St. with stone. The letter informed the various boards that
Mr. Hewitt will not require any City Permits to fill outside of the
Wetland buffer zone.
The Commission was also informed that the CZM grant application filed by
the Planning Department was turned down for not being specific enough.
{ Guidelines are being sent for funding procedures in May.
A.brief discussion was next held on the rough draft of the annual report.
f Copies of the finished annual report will be sent to the Commissioners.
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James Rienhardt reported to the Commission relemant to his and Joe's
meeting with representatives of the Salem Evening flews. Jim stated
that in speaking to Ron Harrison of the Salem Evening flews, Mr.
Harrison stressed the lack of manpower that prevents the paper from being
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Minutes of 2/011/73 Page 4
Y
able to cover the Commission's work in depth. Mr. Harrison stated that
meeting dates as well as some agenda items could be published in the
paper. He also suggested the Letters to the Editor column for information
£rora the Commission. Jim is to write a letter to the news relevant to
the storm by the end of this week..
Relevant to Leech Street Beach, Joe reported that the recent storm has
removed much of the fill that had been placed in the past. A meeting
will be held in early Spring between i;essrs . Gibney, Martineau, Tinti,
Farrell, LaBlanc as well as a representative of the Commission relevant
to turning over ownership of the land to the City. It was noted that
even though Mr. LaBlanc has been under a cease and desist he has already
started to fill again. Joe is to speak to Mr. LaBlanc. In addition an
earlier meeting of the people involved is to be arranged.
Joe reported that Cat Cove is being used as a receiving station for the
Mass . Division of Wildlife relevant to the 'oiled' birds. Three hundred
birds have been received thus far.
Joe reported that he has visited the Plummer Home for Boys and taken pic-
tures of the damage . He stated that several trees are ready to fall and
there has been approximately 15 feet of erosion of the lawn. He further
stated that the Army Corps of Lngineers has already viewed the site.
Brad stated that thiscan be dealt with at the next meeting, after Tony
Fletcher has given his report on storm damage.
Cleti stated that she has not contacted Messrs McIntrye or Foley but
will by the next meeting.
A map was sent to the Commission. by Cheri Cooper of the Planning Depart-
ment for their comments a.s to whether it would fulfmll the requirements
established by the Commission for the Conservation, Open Space and
Recreation Plan update . Jim Rienhardt, Brian French and Cleti Cervoni
are to meet with Cheri to further discuss the Plan.
The mailing list for people owning land in 14etland Areas was presented to
the Commission. Brian French is to write a cover letter for the mailing
by the next meeting.
Joe informed the Commission that he is ordering 1000 pieces of stationery
from Circket Press at a cost of $36.50. He is also ordering business
cards for the commission. He will have the proof for the cards by the
next meeting.
:i D;-vid DeVoe gave the financial report. The balance of the budget at
the end of January was p?_,766.70. Bills being paid in February amount
to :;390.66. This will leave a balance of $2,376.04 for the rest of the
fiscal year. David added that approximately $400 will have to be trans-
y . Minutes of 2/21/78 Page 5
ferred back into the phone account because of increased costs . He further
stated that there still would be X1,000. left after this transfer, as
well as the X1,000. for the expenses incurred by the Conservation,
Open Space and Recreation Plan update.
Brad Northrup reported that the land taking for the Forest River acquision
plan will be presented to the City Council at their second meeting in
March. David Lash, Brad Northrup, Attorney Peter Herry and Jim Daly are
to meet to discuss this taking. Brad added that nothing has been heard
relevant to the self help funds that have been applied for.
Cleti informed the Commission that she will present plans for Spring
Ueekend at the next meeting.
The meeting was adjourned at 10:30 P.M-
Respectfully submitted,
�o Conservation Commission
Salem. Massachusetts 01970
Agenda - February 14, 1978
1. Approval of minutes of January 17, 1978
2. Correspondence and Communication (include Flower Show Tickets $2.50)
3. Update on Forest River
4. O'Donnell - Special Permit Comments
5. Reschedule Hearing for I1 DPW
6. Update on GTE Sylvania
7. Stationery Order, Business cards
8. Annual Report draft for Comments
9. Objectives for 1978 to be discussed (� Brad)
10. Bradford C. Northrup's term on the Commission ex*ares March 1st.
•
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Conservation Commission
Salam. Massachusetts 01970
MINUTES OF M2ETIIQPRECTED RiiQry 14, 1918
The Conservation Commission met at One Salem Green on Tuesday, February
14, 1978 at 8:00 P.M. Commission members attending were: Brad Northrup,
Cleti Cervoni, Paul Willis and James Rienhardt.
Commission members not attending: :Brian French, Mary Ellen Pelletier
and David DeVoe
A motion was made by Paul Willis and seconded by Cleti Cervoni to accept
the minutes of January 17, 1978 as corrected. The vote was unanimous and
he Chairman declared the motion carried.
Corresspondance and Communications
Brad informed the Commission that there will be a regional meeting of the
MIUPC tomorrow evening, February 15, 1918. Brian French is to be informed
of this meeting.
• Brad also noted that there is funding available through PLUMB. The prime
prerequisite of this funding is that the project benefit at least two
municipalities. Brad suggested that possibly a project could be arrived
at with Marblehead. David Lash of the Planning Department briefly spoke
to the ConCom relevant to this funding. David advised the Commission not
to seek this funding. He stated that the funding was just for technical
assistance and that the requirements were complicated and decisions were
made on an arbitrary basis.
A questionaire has been received from the Conservation Law Foundation
relevant to local conservation zoning. The questionnaire was completed
and will be mailed back.
A number of bills relevant to Conservation legislation have been received
by the Commission. Of immediate interest to the ConCom was a bill that
proposes to regulate the taking of shellfish from certain contaminated
areas . Brad is to discuss the various bills with Joe Antonelli.
Brian French is also to be asked about any further action that maybe taken
relevant to the Harbor Islands .
Cleti Cervoni informed the Commission that 'oiled birds' are being brought
to Cat Cove. Paul Willis suggested that Joe Antonelli contact Cat Cove
in order to ascertain what is being done concerning the oil spill.
•
Minutes of Meeting 2/14/78 Page 2
Brad informed the Commission that the land taking necessary for the Forest
River Acquisition will be put before the City Council by Peter Merry on
March 9, 1978. Paul Willis suggested that the council also transfer the
management rights for the area to the ConCom. He noted that many 'legal
hassels' could be avoided by this action..
A brief discussion was next held relevant to the comments to be made
to the Planning Board regarding the work to be done on Henry O'Donnell's
seawall. It was the consensus of the commissioners present that the
Order of Conditions issued by the ConCom relevant to this work .be refer-
enced mn the comment sheet with special attention noted for condition
#12 which reads: "The work shall be done in accordance with the site Dian.
prepared by Vortan T. Mooradian and submitted to the :U'6nseiV��tion Commission
with the exception that proposed riprap be replaced by riprap extending no
more than 3 feet from the fall of the wall . The rock used for ripra.p shall
be of a size and shape suitable to sea conditions in the area."
A letter has been received by the Commission from the water resources
division of the DEME relevant to the proposed work to be done at GTE
Sylvania.
Also discussed was the possible ordering of business cards for the
Commission. In the ensuing discussion relevant to the cards it was
suggested that the cards be green and contain the conservation logo as
well as the City logo. A motion was made by Paul Willis and seconded by
James Rienhardt that Joe Antonelli be authorized to order 1000 pieces
of stationery from Circket press as well as design a suitable business •
card for the Commission and place a minimum order for business cards.
The vote was unanimous and the Chairman declared the motion carried'.
The rough draft of the annual report was distributed and comments
relevant to the annual report are to be. made by the end of, the week.
Joseph Antonelli informed the Commission that the Harbormasters going to
i give the Commission a list of damages to sea walls and momes t at resulted
from the storm of February 6th.
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Joe also announced that he had tickets for the flower show that will be
held March 11-19th. The tickets are :$2.50 and commissioners wanting tickets
will contact Joe by the next meeting.
The address labels of people owning land in wetland or coastal areas of the
City will be completed by the next meeting.
The commission members present next discussed the 1978 operating plan
for the Salem Conservation Commission. The following corrections were
made on Goal A which concerns the land acquisition for the Forest River.
Brad noted that 100 % not 60% "of the land targeted for the Forest
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Minutes of Meeting 2/14/78 Page 3
• River Conservation Area" will be acquired. In addition under Plan #1 for
Goal A the obtaining of City Council approval of the taking order is
scheduled for March not February as listed on the original operating
plan. In addition under Plan #3 for Goal A it should read "Apply for
Fiscal 1979 management monies for the Forest River" .
Goal B pertains to the transfer of the Salem Harbor Islands to the ConCom's
jurisdiction. Plan #2 of Goal B which deals with City Council approval .
is now targeted for March.
Goal C states "Support and provide input to the Massachusetts Coastal
Zone Management Plan" . Jim Rienhardt noted that the planned CZM workshop
sponsored by the Conservation Commission and various state personnel
should also be listed as a plan for this goal. The workshop will form
Plan #3 of this goal with the original Plan #3 forming Plan #4. The
target date for the workshop will be some time in April. Jim also noted
that the State expects approval of the CZM plan by the Department of
Commerce some time in March and funding should be available in April.
There were no changes suggested for Goals D and E.
Relevant to Goal F which deals with the Conservation Open Space and
Recreation Plan it was the consensus of those present that receipt of
input from other boards and agencies be extended through March.
Relevant to Goal G which states "Develop a better public awareness of the
• importance of Salem's natural resources and the role of the ConCom.in
community life.", it was noted that the addresses for the mailing of
general wetlands information will be completed by the next meeting.
. Relevant to Plan ;'#3 of Goal G, there was a discussion of various ways the
Commission could work with the Salem Evening News to increase public
awareness of the Commission. It was suggested that Nelson Benton be
called after each meeting. Brad Northrup pointed out that there should
be a specific issue treated in a press release and it should be submitted
2 weeks before the event. Paul Willis suggested that the Commission
become more involved in the oil spill cleanup and that the Salem
Rvening News may be a vechical for the Commission to comment in. Cleti
suggested that more could be discussed after Joe contacts Cat Cove.
Brad noted that he felt that the letters to the editor could provide
coverage and that the oil spill could be used as a lead in to the
Commission's CZ1,1 workshop. Paul Willis also suggested that this story
and CZM plan information could be incorporated in the 'opinion' on the
editorial page. Joe Antonelli and James Rienhardt will talk to a repre-
sentative of the Salem Evening News about these possiblities. It was
also suggested that Commission Meeting dates and possibly some agenda
items could be listed under the weekly listing of events in the
newspaper.
Minutes of I4eeting 2/14/78 Page 4
Relevant to Plan #4 of Goal G, Cleti and Joe will report to the Commission •
next meeting on possible plans for Spring Weekend.
Relevant to Plan #5 of Goal G which states, Hold a program in conjunction
with the Peabody Museum, featuring a noted speaker.", Brad Northrup
explained that this type of program could appeal to a large cross section .
of the population of Salem and would increase awareness of the Commission.
Paul Willis suggested that a Natural History of Salem with a comparison
of open space 100 years ago and now could be effective. Paul Willis
stated he would help coordinate this program and a target date for next
October was decided.
Jim Rienhardt questioned various members of the Commission for progress
reports on the Conservation Open Space. and Recreation Plan update. Cleti
is to contact John Adhern and Larry McIntrye. Pauld Willis is to contact
Jim Bennett.
Brad Northrup informed the commission that a truck had run into a gas
tank at Hamblet & Hayes and that sodium bichromate had been released. Brad
noted that he has spoken to John Brown, Vice President of Administration,
and found out that the leak is stopped and that the substance is being diluted
by flushing with hoses. Joe is to visit the site -i
ine meeting was adjourned. at 10:00 P.M.
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Respectfully submitted,
CbnservadonCornmission
,Siulrin. I gsachusetts 01970
CORRECTED 3/7/78
SPECIAL MZI+TING OF JAINUARY 30, 1978
The Conservation Commission met at One Saler Green on Monday, Januarf
30, 1978 at 7:30 P.M. Commission members attending were: Brian French,
Cleti Cervoni,. David DeVoe and Paul Millis.
Conn ssion members not attending: Jim Rienhardt, Brad Eorthrup and
Mary Ellen Pelletier.
The Vice Chairman called the Special Meeting to order at 7:24 P.M. ..with a
quorum present.
A br&ef discussion was held relevant to the Harbor Islands the Com-
mission wishes to have transferred to their custody.
A motion was made by Brian French and seconded by Paul Willis that the Com-
mission request the City to dedicate the islands rased below for
conservatio^. by transferring them to the care and custody of the Salem
Conservation Commission for all purposes under Chapter 40, Section 8c.
The islands are:
North and South Gooseberry Coney Ledge ,
Pope Head Brimbles
Satan Rock Tom Moore Rock
Great Rase Chubb Island
Half:+'ay Rock Black Rock
Marblehead Rock Great Aquavitae
Eagle Island Little Aquavitae
Jeggle Island Monument Bar
Gray's Rock Hardy Rock (off Baker's Island)
Coney Island Dry Breakers
The Vote was unanimous and the 'Dice-Chairperson declared the motion car-.
ried.
David Lash briefly spoke to the Commission relevant to a grant
proposal the Planning Department has submitted to CZM. David explained
th t CZi'' has some 'seed money' available and that the Planning- Department
has submitted a request for $3,000 to have an symposium of technical
exoerts for three days to coordinate with the waterfront inventory and data
Goll=_cted by the Planning Department. :ie further explained that this
symposium would end with a "teari" _response to possible development oI'
the Salem, Coas+line . For example somie of the conclusions resulting
from this symposium could include ',;here dred7ing feasible and what
Minutes of 1/30/78 Page 2
locations would be most desirable for possible marinas. David went on
to explain that there would also be a stenographer hired so that there
would be a detailed transcript of the three days. A copy of this trans—
cript would be presented to the CZM people and would serve as tangible
proof of the positive results of the grant. David then requested that the
Conservation Commission submit a brief letter of endorsement to CZM relevant
to this grant. It was the consensus of the commissioners present that this
be done. Joe Antonelli will write this letter.
Paul Willis asked if $3,000 would be adequate: David replied that he
thought it would and .that he believed the size of the grant request would
increase its chances to be approved.
Brian French questioned whether the people for this symposium had been
selected yet. David answered that they haven't been and that input from
the Commission would be requested when it was time to select participants
for the symposium.
The wetlands public hearing for Henry & Diane O'Donnell was opened at
7:35 P.M. Henry &Diane as well as their contractor, Donald Curren, were
present to explain what was intended.
Donald Curren explained that the proposed work to be done on the seawall is
being done to save the wall £r om"deteriorating from underneath."
Brian French pointed out that the plans submitted call for riprap which •
would result. in forcing waves to break against the sea wall because it
would create a ramp like effect. .
Donald Curren explained that it had been originally designed to follow the
grade of the seawall - but that it would be no problem to reduce the base
to a 3 foottwlde riprap. Mr. Curren further explained that
larger rocks would used at the bottom, and that the wall would narrow
at the top. He also added that there would be reinforcing rods on the
corners and that the-wall yould be double faced. at the top.
There were no more questions from the commission and the public hearing
was closed at 7:45 P.M.
After a brief discussion, a motion was made by Brian French and seconded
by Paul Willis to issue an Order of Conditions to Henry and Diane O'Donnell
with the added condition that the work shall be done in accordance with
the site plan prepared by Vortan T. Mooradian and submitted to the Con-
servation Commission with the exception that proposed riprap be replaced
by riprap extending no more than 3 feetfrom the fall of the wall. The
rock used for riprap shall be of a size and shape suitable to sea conditions
in the area. The vote was unanimous and Vice Chairperson Cleti Cervoni
declared the motion carried.
Minutes of 1/30/78 Page 3
The public hearing requested by the Salem DPW relevant to the proposed
installation of. storm drainage pipes in the Vinnin Square area at the end
of Linden Ave and Chandler Road was opened at 7:55 P.M.by Vice Chairperson
Cleti Cervoni. Cleti read relevant sections of the Wetlands Protection
Act to those present as well as a letter that has been received by the
Commission from a number of sportsmen who utilize the area.
Richard Swenson of the engineering Department was present to explain that
this was basically a reconstruction project which would replace an existing .
system that is not working because of a build up of sedimentation in the
pipes. He further explained that they also planned to lower the water
level of the pond at the rear of Stop and Shop (Pond D on the plan) to
maintain a constant elevation of 29.36 feet. Richard also stated that the
elevation of .the pond easterly of Linden Ave. (Pond C on the plan) is 20.6
feet. He did say, however, that the measurements of these ponds were
taken late last winter and so the levels may differ now.
Brian French pointed out that the plans were not stamped or dated and that
the datum was not referenced. Walter Lezenski of the State DPW explained
that the plans submitted to the commission were preliminary plans and that
in all the years he has worked for the State DPW he has never seen a stamped
plan. Brian questioned whether there was any one person who was responsible
for the Plans. Walter said no.
Brian then questioned what frequency of storm was the plan designed for.
Richard Swenson replied that it was designed for the 10 year storm level.
r -
Brian also questioned why no calculations had been submitted with the
Notice of Intent. Walter replied that he had never gone before a local
ConCom 'before and didn't realize it was necessary. He also noted that
1. Salem would be receiving $400,000 out of a total $650,000 that has been
allocated for such projects. Relevant to the calculations, Walter stated
that the flow would be 85 cubic feet per second from the water shed 'area
of 54 acres. He also stated that the runoff coifficient would be 0.4
or 40%.
1 Brianquestioned whether there would be curb inlets. Richard Swenson said
there ;could be and that they were shown on the plans. Brian then asked
if they would have catch basins . Richard Swenson replied that they would.
Brian noted that current engineering journals were recomendations were judging
catch basins to be useless.
Brian then asked if the pipes were "designed to run full." Walter statad
li that they weren't.
1 In discussinJ tha various elevations marked on the plan, Richard Swenson
stated that the State bases their elevations on mean sea level.
i
i
Minutes of 1/30/72 Page 4
Brian also questioned why Pond D had to be lowered. Richard replied that
cellar floors in the area experience frequent flooding. •
Brian stated that the Commission 's concern is the water quality of the ponds
after the new drainage system is completed. Brian informed Walter and
Richard that the. Commission had had tests of the ponds taken and that
Pond C is Class A water .and that Pond D fulfills the qualifications
for Class C. Brian stated that the commission giants Pond C to stay Class
A.
Brian next questioned the depth of Pond D. Richard Swengnn quoted depths
of 13' , 15' and 11 ' in various parts of the pond. "
Paul Willis questioned whether some 'chemical buffering effect' could
be utilized so that the :nater quality of Pond C will be insured.
Paul Willis suggested that booms could be used to control
surface oil and gasoline runoff.
Brian questioned what protective devices were planned to insure that
children do not get trapped in the connecting pipe. Walter stated that
was up to the Salem City Engineer. Brian suggested that a bar rack
be installed.
Brian then stated that he was still concerned about the heater level of •.
Pond D. He stated that it may turn out that the level of the pond should
be increased not decreased. He asked that stakes be placed from elevation
25 for the ConCom to inspect before any final decision is made. Richard
Swenson agreed to do this.
Attorney Burke, representing Thomas Mackey, was present to question some
possible effects of this project on his clients property. He pointed
out that the DPW plan takes the runoff to -lackey's pond and then ends.
He stated that the level of the pond could be raised with resulting flood-
ing of the dirt road beyond.
Attorney Burke further stated that the City Engineer had promised hydraulics
testing and that it had not been done. He also stated that .the elevation
of the pond is 20 and that the 2 pipes leaving the pond are at elevation
13 and 18 and that they are both presently blocked. He questioned
whether these two pipes could handle the outflow when there was a 60
pipe connecting the two ponds.
Brian French stated that he understood that >1r. nackey didn't want any
more water hut__that Mr. 'r'ackey' s land is high and could take an additional
elevation of several feet. halter pointed out that _heand aoe ,Anto e 1 " d
viewed the area in Plov. and that the pipes corning from Mackey s piw vie �
not blocked at that time. Richard Swenson stated that the promised tests had
not been done yet because of the weather but that they would be.
Minutes of 1/30/78 Page 5
Attorney Burke questioned what would happen to the quality of the water.
• Brian stated that it was hard to tell but that there may be a temporary
drop in the water quality.
Richard Swenson stated that he would recheck the slopeand the size of
the pipes in Mackey's pond to discover their capacity and follow this
to the Forest River. Walter stated that the dirt road beyond the pond
could be dug and a pipe placed.
A briefdisussjo�;fp,,llptrg¢is to,_copti,nuing ,t ;11zar2rhgsg,,tf }y_;�alculatiohs
would be made available as well as estimate of 100year flow rate, and the stakes
that are to be Placed in Pond D can be observed. A motion was made by Brian French s
and seconded by Paul Willis that the public hearing for the DPW be continued
on February 7. 1978 at 7:30 P.M. at One Salem Breen,
The special meeting was adjourned at 9:45 P.M.
Respectfully submitted,
•
•
Conservation' -io
U
Salrin. Massachusetts 03910
�`' ��ss•c4�
SPECIAL MEETING
THE SALEM CONSERVATION COMMISSION WILL HOLD A
SPECIAL MEETING TO VOTE ON THE SALEM HARBOR ISLANDS
RESOLUTION.
TIME : 7:15PM
DATE : MONDAY , JANUARY 30 , 1978
PLACE ONE SALEM GREEN
THIRD FLOOR (INNER CONFERENCE )
•
RESPECTFULLY, L�
f
BRADFORD C. NORTHRUP
CHAIRMAN
SALEM CONSERVATION' ;''i r iSSION
ONE SALUVI GREEN
SALEM, MASS. 01970
This notice posted on "Of ficial Bulletin Board"
City Hall Ave. , Salem, Mass . on
St /a /� PM• in accordance with Chap. 626.
5f the Acts of 1958.
i �^ tiairnl Zlas. tchnett. (11970
CITY OF SALEM
COD?SERVATTON COM"'TSSION
- iii;`=i:r:i•lli?i rL�Fa7 iP:iv
A public hearing will be held as required by the Wetlands
Protection Act, G.L. Chapter 131, Section 40 , at the request
of Diane and Henry J. O'Donnell of 17 Hemenway Road, Salem, .
Massachusetts. The purpose of , the-hearing is to explore
the effects of the reconstruction of an elisting seawall_ .
The hearing will be held on Monday, January 30 , 1978 , e.t
7 : 30 P.M. on the third floor of One Salem Green.
Bradford C. Northrup
Chairman
CITY OF SALEM
V.k�y.RVATION SALEM CONSERVATION C0'!%`1SS3011
COMMISSION
WEU _NDS 11EARL`iCr GiNIE SALE N11 GREEi':
A phbli .hearing will be held ir.
as reol;tr?d .by the. Wetlands i SALEM, MASS, 01970-
Protection. Sr_, G.L. Chapter
131,Sectzi 44,at.the request of
Diane a ad Henry a.O'Donnell of
17 "He;aenway Road; Salem,
111sssachuwtti: Ttc purpose of
the heart-, is to asplore the ef-
fects of the reconstruction of anj
existing seawall: The hearing
will be he'd on Monday,January
30,197a;at7:10P.M.onthe third, This notice posted on. "Of'ficial Bulletin Board"
Floor oE.Oia Salem Green. 0ity Hall Ave. , '' lem, 1:ass. on 1�as/7,�
BR1. :. , ) t . 1IORTfiRUP. at �� " �� � �� in accordance with Chap. 626.
Chairman
• :Ian. 24, i9Ia,',; of the Acts of 1958.
o�1s'�1..�1 'Yj�13. �' .+t.�'.L :Llv' i1.1•
• ;� 1i Sal nt 11a�, tchu,�tt� 1)1970
T^
C Y OF SALT1,4
CO''(Sci;�iA"'SC'. ;Ci4ri>SS=(;r•I
WETLANDS HEARING
A public hearing will he held as recuired by the Wetlands
Protection Act, G.L. Chapter 131, Secticn 40 , at the request
of the Salem Department of Public Works, One Salem Green,
Salem, Massachusetts. The purpose of the hearing is to
explore the effects of the installation of storm drainage
pipes in the Vinnin Scuare area at the end of Linden Ave.
and Chandler Road. The hearing will be held on Monday, Jan-
uary 30, 1978, at 8:00 P.M. on the third floor. of One Salem
Green.
•
CITY OF SALEM
CONSERVATION Bradford C. Northrup
COMMISSION Chairman
WETLANDS HEARING
A.public bearing will ba held
as required by the- Wetlands-
Protection Act, G.L. .Chapter
131,Section 40, at the request of
the Salem Department of Public.
Works, One Salem. Green; SALEM CONSERVATION COMMISSION
Salem, Massachusetts.The pur
pose of the hearing is taexplore ON SALEM GREEN
the effects of the installation of
storm-drainage pipes iatheVin SALEM, MASS. 0I970
nin Square area at the-end oi .
tLinden Ave.and Cbaadler Road:
The hearing will be heldoa Mon-
- day"Ianuarl-30-1971 ,t. 8:ffiI _
on the third floor of One
5alerrm Green.
BRADFORD C. NORTHRL?
Chairman
.Jan. 24, 137a. -
This notice posteQ On zicial Bulletin Board'`
City Hall Ave . , Salem, Mass . on
at /a; l& /7 4�1• in accordance with Chap. 626 .
of the Acts of 1958.
y r o 0 0
Commission
ia)e ni. Massachusetts 01970
AGENDA FOR JANUARY 17 , 197£:
A. ) Approval of minutes for Election Meeting,January 3,1973
Distribution of minutes for Special Meeting of November 29 ,
1977
B. ) Correspondence and Communication- Joe Antonelli
C, ) Discussion of Pickman Park Proposal- Attorney Peter
Beatrice and Mr. Jim McDowell
D. ) Salem Conservation., Open/Space & Recreation Plan -
Cher1 Cooper
L'. ) Notice of Intent filed by Henry O'Donnell for the
re-construction of a seawall
Y. ) Notice of Intent filed by the Plass. DPW and the City
Engineer for a new storm drain in Vinnin Square
G. ) Report on the meeting with Mayor Levesque concerning
the custody of the Harbor Islands - Brian French
T., ) Report on the approach and appraisals concerning the
- ' _prcperty-owners in Forest Rider Conservation Tires.
- Brad Northrup
I. ) Update on the Annual Report - Joe Antonelli
J. ) Update on the Wetland Property-Owner ' s mailing list--
Joe Antonelli
L. ) 1976 Operating Plan - L.rad Northrup _
L. ) Discussion of S.S.C. Course onVonservation of Natural
Resources" - Joe Antonelli -
M. ) Other Old Business
1) Typewriter purchase
N. ) Adjournment.
J .'A
,
1ON CoM
Conse1 V Atim Commissim
Salem. Massachusetts 01970
ASS PCt` Corrected 2/17/78
Minutesof Meeting -----January 17, 1978
The Conservation Commission met at One Salem Green on Tuesday, January
17, 1978 at 8:00 P.M. Commission members attending were: Brian French,
Brad Northrup, Cleti Cervoni, David DeVoe and James Rienhardt
Commission Members not Attending: Paul Willis, Mary Ellen Pelletier
A motion was made by Brian French and seconded by James Rienhardt to
approve the minutes of January 3, 197$ as corrected. The vote was
unanimous and the Chairman declared it carried.
Chairman Brad Northrup outlined the order the agenda for meetings will
follow from now on. The following is the outline the agenda will
now follow: Consideration of Past Minutes
Correspondance and Communication
Special Topies
Old Business
New Business
Adjourn
Correspondance and Communications
Joe informed the Commission that the Atlantic Lobster Cooperative has
written a letter protesting the removal of the lobstermen from the Picker-
ing Wharf site.
The Commission has been informed by the Army Corps of Engineers that a
request for a permit has been submitted to them to provide dockage
at Central Wharf in the South River for excursion tours. Joe has called
the National Park Service and they are aware of this proposed project.
It was the consensus of the Commissioners present that no comments
be made to the Corps.
The Conservation Law Bulletin contained information relative to the
changes in the Wetlands Protection Act.
The Marblehead Conservation Commission minutes made reference to the
Conservation Restrictions for Ram Island. Joe is to request a copy of
these restrictions.
Cleti Cervoni informed the Commission that she has received information
from the Committee sponsoring the Bottle Bill and she explained that
currently they are advocating sending empty beer cans to President
Carter.
Minutes of Meeting 1/17/78 Page 2
• Cleti also informed the Commission that the Police Department requested
that she inspect a dead blue heron in the Forest River area. She later
turned this bird over to the Peabody museum.
Brian French noted that the Pickman Park Special Permit has been
appealed.
Pickman Park
Attorney Peter Beatrice and Jim McDowell of Carter & Towers Engineering
were present as representatives of the developers of Pickman Park. Jim
McDowell informed the Commission that the Notice of Intent for the ConCom
was just about complete and that this was to be an informational meeting
before the actual submission of the Notice of Intent.
Jim McDowell then reviewed the major points that will be treated on
the Notice of Intent. Jim first referred the Commission's attention to
the area in Phase I adjacent to Jefferson Ave, and the future Fillmore
Road where the developers propose to dredge approximately 2. feet of
peat. He also pointed out that a 12' sewer pipe will be placed crossing
the South River and a culvert will be placed underneath the sewer.
Jim pointed out that the sizing of the culvert is based on the study
that was done on the South River in 1966.
In speaking of the proposed work in Phase III, Jim McDowell spoke of
a culvert to be placed under the extension of Pickman Road. He maintained
• that the overflow culvert would not change the level of the pond. He
further explained that at first the developers planned to put a 30"
or 36" pipe under the railroad, but afterkreliminary negotiations with
the railroad it was decided that it would take too long to obtain permission
from the railroad. Mr. McDowell explained that now the developers plan
construction of a ditch li feet deep and 2 ft. at its base that would end
at the wetland by the Forest River Conservation land. He further explained
that this culvert would follow the natural drainage of the area more
closely than the original plan. David DeVoe questioned if the shale
being used for the ditch would have a gravel base. Jim McDowell replied
that that could be done.
Jim McDowell stated that the Environmental Data form for the Notice of
Intent will be using information from the Environmental Impact Statement
for Pickman Park prepared by Alan M. Voorhees & Associates, Inc., especially
the information relevant to erosion controls contained in Addendum 1.
Brian French questioned what storm levels were being used for the culverts
location in flood hazard areas. Jim McDowell replied that calculations
were based on the 10 year storm level. Brian stated that he felt stand-
ards for the 100 yr. flood should be used at major discharge points.
Jim McDowell stated that calculations could be done and estimates of
the 100 year flood level be obtained.
•
f
Minutes of 1/17/78 Page 3
• Jim McDowell pointed out that the dredging of the pond in Phase III was
covered in a DPW study on Flood Control for the South River. Brian French
questioned wh4ther the 10 year storm level would lead to an overflow
of this pond. Jim McDowell replied that he didn't know. Brian then
questioned whether when the pond is altered whether it will have the
same storage capacity.
Brad Northrup questioned who will eventually own the pond. Jim McDowell
replied that the pond will be owned by the future association of
owners.
In referring to the storage capacity of the pond, Brian French pointed
out that storage capacity will be diminished because of the sewer. Jim
McDowell stated that this was true, but that storage would be gained with
the removal of some of the peat. The
Brian then questioned possible erosion during construction. Jim McDowell
replied that this is treated in Addendum I of the Environmental Impact
Statement. Brian stated that surface runoff to the pond in Phase III
should be advoided. Jim McDowell replied that there won't be any surface
runoff entering the pond.
Brian further questioned why a swale wasn't being considered in this area.
Jim McDowell replied that if a swale was being used he would want it
further from the road, since the tossing of debris could result from
the swale being too close to the road. He did state, however, that part
of the Y
drainage system will consist of a Swale.
•
David DeVoe questioned if gravel would be placed on the Swale. Brian
questioned the use of gravel. David stated that this will help check
future vegetation from taking over. Brian French replied that he would
rather see grass there since the houses in that area are at a high
elevaXtion.
Brad Northrup questioned if there would be restoration of the altered
land that is to be deeded to the City. Jim McDowell replied that there
would be. Brad also stated that the plantings that are planned for the
area should be shown. Jim McDowell agreed to this.
Brad ended the discussion by stating that the Commission would work
with the Planning Board in trying to establish a joint hearing for
Pickman Park which would cover both the requirements for the Wetlands
Protection Act and the Wetlands/Flood Hazard Special Permit.
Master Plan
Cheryl Cooper was present to review the questions received by her from
the Commission. In response to question #1 which stated: "What work
is the Planning Department prepared to do on the Conservation Open
Space and Recreation Plan?", Cheri at first stated that the Planning
Department was prepared to do "all of it" . She then referred the
Commission's attention to the first "basic study element" on her
• handout entitled "Community Development Master Plan". This element
entitled "Environment" will contain the following sub-elements:
r-
Minutes of 1/17/78 Page 4
• 1. Natural Resources, Open Space, Recreation
2. Land Use
3. Man and Envormment
Cheri stated that these are the 3 areas that will be used for the update
for the ConCom's part of the Master Plan. Cheri further stated that the
data contained in the current "Conservation Open Space and Recreation
Plan" is good and needs only to be updated to show where there have been
changes. Cheri stated that the update of the data should be done by
the Commission.
Cheri further showed a preliminary land use map that has been prepared
by the Planning Department and stated that a completed land use map will
be finished in a few weeks. Brad Northrup questioned how this was going
to be done without input or suggestions from the ConCom. Cheri replied
that after the ConCom's input, further changes could be made.
Brian French stated that water storage areas should be included as pro-
tected areas.
Brad questioned who would be on this "Environment" subcommittee and Jim
Rienhardt questioned who is responsible for the subcommittee. Cheri
stated that the subcommittees will be established by the Planning Board
and that they will be sending invitations to various City Boards and
agencies for inclusion in the subcommittees.
• In answer to question #2 from the Commission which pertained to a map
containing contours, wetlands, existing recreation and conservation
land, and public and institutional land, Cheri stated that the land use
map could be used. This map however does not cnntain contours. Brad
Northrup explained to Cheri that the Commission wished to incorporate
a map similar to the one used in the Lincoln Open Space Plan. Brad
explained that the size of this map makes it very workable and that it
would contain all the information needed for the update when used
in conjunction with written mattrial keyed to the map. Cheri answered
that she felt the maps in the current Oonservation, Open Space and
Recreation Plan needed color but that otherwise they were fine and then
showed the Commission various fold out maps from other Master Plans
she has been responsible for to illustrate her point. Cheri stated that
she would consult with various printers for cost estimates for this kind
of map, but that she thought the cost would be exorbinate. She also
stated that she preferred that all the maps of the Master Plan be the
same size. She also stated that she would talk to the engineering
department to ascertain if contours could be incorporated on the land
use map.
In speaking of the subcommittees, Cheri stated that the ConCom would be
valuable in recommending policy and strategy. Brian stated that this
would be giving input, not receiving it. Cheri answered that with the
time restraints both would have to be acoomplished at the same time.
•
Minutes of 1A/7/78 Page 5
• In response to question #3 which questioned the existing requirements
of the Master Plan beyond the requirements for the basic Conservation
Open Space and Recreation Plan, Cheri listed the 7 elements of the Master
Plan as follows:
Environment
Economic Base
Government, Community Facilities and Services
Transportation, Communications
Housing/Neighborhoods
In response to question #4 which asked what funding might be available
from the Master Plan monies forth Commission to complete their update;
Cheri stated that there are no �gvailable in the Master Plan
budget. Brad N&thrup questioned why no other boards besides the Planning
Board was receiving community development monies. Cheri replied that
the Master Plan was the responsibility of the Planning Board. Cheri
further stated that the funds for the Master Plan are to bring the Master
Plan to 'camera ready' and to complete various maps to be incorporated
In the plan, but will not cover the printing costs of the Master Plan.
In treating question #5, Cheri stated that the Planning Board subcommittees
will not be doing any of the inventories, they will be done by Cheri.
It is relevant to the action pland and policy statements that input
will be needed from the various city agencies. Cheri also stated that
• if the commission wishes to do the update themselves, she will edit it.
Brad Northrup questioned whether the Commission should have its meeting
on Jan. 31st relevant to the Conservation, Open Space and Recreation
Plan. Jim Rienhardt added that the meeting is planned as an overview of
the plan. Cheri stated that she would inform the Planning Board of this
at their next meeting. She also stated she would be speaking to the
Parks & Recreation Departments before the meeting.
In response to question #6 which asked what data will be available for
Air and water quality and funding for such studies, Cheri replied that
funding has been obtained from a grant from the NEA for a study of the
Collins Wove area. Cheri also informed the Commission that a person
has been assigned from the MAPC to work with her.
As far as the work plan and time schedule for the Master Plan is concerned,
Cheri stated that at the February 2nd meeting of the Planning Board,
subcommittees will be formed and that at the Feb. 16th meeting there will
le an orientation session for all subcommittees. Cheri estimated that
the Environmental subcommittee will have their first meeting on
March 2, 1978.
In considering the Notice of Intent submitted by Henry O'Nonnell, Brian
noted that excessive fill was being called for in the reconstruction of
the seawall which might cause increased wave action resulting in in-
creased storm damage. Hank is to be informed that elevations are required
on the Plans. After a brief discussion it was the consensus of the
• Commissioner's present that a public hearing be held under the Wetlands
Protection Act for Henry O'Donnell at 7:30 P.M. on February 7, 1978
and that a public hearing be scheduled for the proposed drainage work
by the State DPW in the Vinnin Square area at 8:00 P.M. the same
r
Minutes of 1/17/78 Page 6
<r,
f
• evening.
Relevant to the Harbor Islands, Brian French is to contact Bill Tinti
for additional information.
Brad reported that one of the owners of land in the proposed Forest
River Conservation area wishes to build houses on the front part of
his property which is near a road and leave the back free of development.
After a brief discussion, a motion was made by Brian French and seconded
by Jim Rienhardt that the Commission, as a matter of policy, not consider
subdivisions or partial takings for land included in the Forest River
Acquisition plan. The vote was unanimous and the Chairman declared the
motion carried.
Relevant to the purchase of a typewriter for the commission,, it was ex-
plained that the Planning Board is in the process of purchasing a type-
write., and if the Commission provides money to partially purchase this
mach#'; 'it will be available for their use also. A motion was made by
Brian French and seconded by Cleti Cervoni that the commission allocate
$100. towards the purchase of a typewriter which will be located in
the Planning Department. The vote was unanimous and the Chairman
declared the motion carried.
The meeting wa6 adjourned at 10:40 P.M.
•
Respectfully submitted,
F CONSERVATION COMMISSION
AGENDA
FOR JANUARY 3, 1978 8 : OOPM
APPROVAL OF MINUTES FROM DECEMBER 6, 1977 NM.EETING
CORRESPONDENCE AND COMMUNICATION
_ OLD BUSINESS
a. D.P.W. WATER SURVEY - A, , T S/BRIAN FRENCH
C�8t�
b. UPDATE ON INGEMI - DEQE DECISION/LETTERS SENT
BRIAN FRENCH
c. LETTER OF AGREEMENT FOR HEWITT CONSTRUCTION
d. ANNUAL REPORT STATEMENT DUE
- NEW BUSINESS
a'. OPEN SPACE AND RECREATION PLAN.- CHERYL COOPER
JIM RIENHARDT
b. GTE SYLVANIA - REPRESENTATIVES FROM SYLVANIA
WILL BE PRESENT (LO7 (( 5 Z,TNq)/ 41 4:A"
C. ELECTION OF OFFICERS FOO 1978
N CVy�.
V
z Conservation Commission
Salem. Massachusetts 01970
ASS
CORRECTED
CORRECTED 2/17/78
Minutes of Meeting ------January 3, 1979
The Conr:srvation Commission met at One Salem Green on Tuesday,January
3, 197@. at 8:00 P.M. Commission members attending were: Brian French,
James Rienhardt, Paul Willis, Cleti Cervoni, Mary Ellen Pelletier,, Brad
Northrup and David DeVoe.
A motion was made by Brad Northrup and seconded by Brian French to accept
the minutes of the meeting of December 6, 1977 as corrected. The vote
was unanimous and the chairperson declared themotion carried.
Correspondance and Communications
Cleti Cervoni is to review a draft prepared by the DEQE relevant to a study
on aquatic vegetation.
Army Corps of Engineers
The Commission has recieved communication from the � that a permit is
being sought to put a ramp and dock for a lobster boat behind Shetland
• Properties. If comments are to be made to the Corps they are to be made
by January 9, 1978. Paul Willis pointed out that this action is the
result of Salem not hav&ng a municipal pier. A copy of this notice will
be forwarded to the Planning Board Aide, Michael Moniz, for consideration
relevant to the proposed South River Project. The dock in question will
be 50 feet out from the Shetland Properties. It was the consensus of
those present that the ConCom voice no objections to this project.
A copy of the thank you note sent to Mayor Levesque by Evelyn Murphy
for his testimony in favor of the CZM Plan was noted.
A copy of a letter from the Board of Health to Mr. Ragone recommending
that he put up a fence on his property in the area of Swampscott Road
to prevent more debris from being dumped was noted.
Notice has been received from the MACC relevant to the changes in the
Wetlands Protection Act. These changes are to be incorporated into the
Commission's copies of the Wetlands Protection Act.
Brad Northrup briefly discussed the Salem Evening News article which dealt
with the Forest River Acquisition plan being accepted for funding.
James Rienhardt spoke briefly of the letter that was written to various
City Boards and agencies relevant to the Conservation Open Space and
Recreation Plan update. Jim noted that the letter asked the various
agencies to send representatives to discuss this plan on January 10.
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Minutes of 1/3/78 Page 2
• I�
Jim pointed out that the meeting of January 10th is to be only for com-
mission members and that the meeting for January 31, 1978 is the meeting
for the Commission and the various city agencies. Joe is to inform the
Boards and City departments of this.
Cheryl Cooper of the Planning Department next spoke to the Commission
of the City's Master Plan and its relevance to the Commission's
Conservation Open Space and Recreation Plan. Cheryl informed the`Com-
mission that she is now finishing up the data base and inventories for
the City Master Plan. She further explained that the Master Plan will
also have a 5 year action plan and 20 year policy statement. , Cheri also
informed the Commission that a consultant will be hired during the policy
stage of the Waterfront Study for the Master Plan. She also noted that the
firm of Alan M. Voorhees & Associates, Inc. has lbeen hired to do a traffic
study of the downtown area.
In response to a question from the Commission, Cheri informed the ConCom
that the Master Plan does not require approval from the City Council,
that it is endorsed by the Planning Board.
Cheri, stated that the Parks Department, Recreation Department and
Conservation Commission were to be consulted for input into the City
Master Plan. For this reason,Cheri felt that she, the Commission and
the Planning Board should work together on areas that will be covered
• in both Plans instead of duplicating work and efforts by both boards.
Brian French pointed out that the Commission did have information that
would be relevent to the City's Master Plan.
Cheri noted that she will be attending the Planning Board meeting this
Thursday to outline the format and schedule for the City's Master Plan.
Cheri also noted that only a policy statement and 5 year action plan is
needed for the Conservation Open Space and Recreation Plan update.
Cheri next reviewed the format ff the City's Master Plan. She explained
that there will be one binder containing all the data and reference
material thatwere collected for the Master Plan. There will also be a
separate booklet for each section of the Master Plan wit® a policy statement
and action plan for each. She also plans on a booklet summarizing the
Master Plan along the lines of the one that was issued by Los Angelos.
Cheri feels that this last booklet could be of use in grant applications,
tourism in Salem and may be distributed to all the residents in Salem.
Cheri; noted that the Waterfront section of the Master Plan will be
discussed at the February 16th meeting of the Planning Board. The Com-
mission is invited to attend. Brian noted that some members of the Com-
mission should be on the various relevant subcommittees for the City's
Master Plan. Cheri agreed.
Louis Zitnay and Kenneth Demb of GTE Sylvania were present to speak to
the Commission of the proposed work at their plant in Salem. Messrs.
Zitney and Demb were at the meeting to discuss the Commission's comments
• relevant to the proposed discharge of non-contact cooling water. Louts
Minutes of 13/78 Page 3
Zitnay stated that 190,000 gals. a day of cooling water would be the most
• that would be discharged. He explained that 60% of the cooling water would
be from the air conditioning system which would be, of course, a seasonal
thing. The remaining 40% of the water would be uncontaminated water used
during manufacturing. He further explained that he had been informed
that this cooling water will no longer be allowed to drain into the
sewers. What Sylvania proposes to do is to'divert the cooling water to
existing storm drains and measure the water entering with meters. He
also noted that this plan had met with the City Engineer's approval.
Brian French suggested that stations be set up to measure the flows in
the North River during. several tidal 'cycles.
Mr. Demb pointed out that no new outflow is being proposed. He
again stated that they just want to divert the outflow to existing drains.
He alto noted that they have just discovered that there is a culvert in
the N rth River which they believe this outflow will pass through. They
have not, however, ascertained the exact location of this culvert.
Brian French questioned the possible results on the North River with the
increased temperature of this outflow. Mr. Demb questioned whether the
90 temperature of this outflow could really be termed 'hot' . Brad
Northrup questioned whether the State has set any temperature limits
for discharges. Brian replied that there were no State Standards for this,
but that the State does have standards for dissolved oxygen levels.
Mr. Demb stated that he thought this project would help the City, not
cause additional problems. In response to the statement in the
Commission's letter relevant to the effect on biota by this project,
• Mr. Demb stated that the temperature of the ocean at the shoreline at
low tide was increased in the summer without any negative effects on
the biota.
Brian French suggested that a small cooling tower be constructed to deal
with the discharge. Mr. Demb stated that they were considering it for
a later phase, but that it would cost approximately $125,000., whereas
the proposed plan would cost $24,000, which is the same amount as the
sewer charges that Sylvania is now paying per year. For this reason
the present plan is more palatable to the management of Sylvania.
Brian French stated that no data collection was being proposed relevant
to the effect of this discharge on the North River. Mr. Zitney pointed
out that sylvania would have to hire outside consultants for this, which
would be costly, and that testing would not be able to begin before this
summer. The discharge would also be going into the sewer for a longer
period. Mr. Demb also pointed out that as the air conditioning is re-
placedthe discharge would eventually be reduced by 60%. Paul Willis
suggested that the information given at this meeting be put in a letter
from Mr. Demb. Paul noted specifically the comments relevant to the phasing
out of the present air conditioning system. Mr. Demb agreed.
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Minutes of 1/3/78 Page 4
Bran questioned if Sylvania had yet applied for a Special Permit from
• the Planning Board. Mr. Zitney stated that he did not think the Special
Permit had relevance for this project, but that he would get a ruling
on this from the Planning Board. Brian also informed him that the
Wetlands Protection Act did apply to the question and that they would have to
have a hearing before the Commission.
Brad Northrup questioned the timetable for the project. Mr. Demb replied
that tHey had wanted the project to go out to bid right after 12/27/77.
Election
Election of Officers for the Commission for the coming year were next held.
The first office considered was that of Chairman. A�motion was made by
Brian French and seconded by Paul Willis that Brad Northrup be nominated
for Chairman of the Commission. There were no other^nominations. Avote
was taken and it was unanimous. The Chairperson declared The motion
carried.
The office of Vice-Chairman was next considered. A motion was made by
Brian French and seconded by Paul Willis that Cleti Cervoni be nominated
for the office of Vice-Chairman. There were no 6hher nominations. A vote
was taken and it was unanimous. The Chairperson declare the motion
carried.
The office of Secretary was next considered. A motion was made by
• Cleti Cervoni and seconded by Brad Northrup that Brian French be nominated
for the office of Secretary of the Commission. There were no other
nominations. A vote was taken and it was unanimous. The Chairperson
declared the motion carried.
The office of -Financial Officer was next considered. A motion was made
by Brad Northrup and seconded by Paul Willis that David DeVoe be nominated
for the office of Financial Secretary. There were no other nominations.
A vote was taken and it was unanimous. The Chairperson declared the
motion carried.
A discussion was briefly held on the letters written by Brian French to
the DEQE questioning the reasons for their recent actions r-levant to
Mr. Ingemi's Order of Conditions. A letter has also been written to the Army Corps
of Engineers updating them on'current developments�in the Ingemi situation.
Brian French is to write a letter of confirmation to Mr. Hewitt outlining
the agreed action for his plans for his property.
Cleti Cervoni noted that goals for the Commission should be discussed
at some future meeting. Newly elected Chairman Brad Northrup stated
that he would meet with Joe Antonelli in the near future to work out an
outline for the thrust of the Commission for the coming year. It was
also noted that the list of the new officers be circulated to various
City agencies.
Minutes of 1/3/78 Page 5
. Paul Willis reported to the Commission that Tom Rich has taken 12 samples
(6 from the-large.pgnd, 6 from the small pond) rlevant to the proposed
project by the DPW in the Vinnin Square area. Paul noted that some of
the tests are being rerun because the dissolved oxygen level is very low.
The Chemistry Department of Northeastern is doing further interpretations
of these tests and at this point it is felt that icing is causing a lack
of mixing of the water. Paul Willis gave an estimate of $185 for the
tests done.
The meeting was adjourned at 10:20 P.M.
Respectfully submitted,
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