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1982-CONSERVATION COMMISSION N Cpl C Conservation Commission • Salem, Massachusetts 01970 Telephone (617) 745-5056 M'yAssPC�J NOTES ON DISCUSSION MEETING--January 8 , 1982 Three members of the Commission (Christopher Hagger, Raymond Lavender, and Glenn Yale) , Susan Madison, City Engineer Anthony Fletcher, Assis- tant City Engineer William Haight, Health Agent Robert Blenkorn, and William St. Hilaire of the Department of Environmental Quality En- gineering met informally to discuss two current violations : Robin- son Road (A & H Auto) and Moose Lodge (use of coal ash for fill) . ROBINSON ROAD Tony Fletcher feels there are twoseparate problems here : One is the wetland violations , the other is the drainage matter on Swamp- scott Road. Tony stated there is more than ample drainage on Swampscott Road and presented a rough sketch for the group to study. He stated that Robinson Road is not a City road--it is just a driveway and Mr. Hutchinson has created the problem himself. Aside from the coliform found in the water two years ago , the Civ s concern is the water which collects at .the foot of Robinson Road, • freezes , and has caused several serious traffic accidents . He feels it would be a fairly simple matter for Mr. Hutchinson to re- direct the water towards the back of his property and if he does not comply, the City will take him to court. In terms of miney and time , the correction of the problem is relatively simple . Mr. St. Hilaire added that we must not allow the Hutchinsons to put the Conservation Commission or the Board of Health on the line . It is his problem and he should be made to hire a consultant to evaluate alternatives; and report them back to the Commission. Tony will require a report also in terms of drainage relating to the road. Mr. St. Hilaire suggested making the larger dam even larger; however this may cause problems further down Swampscott Road. The work that Hutchinson has done over the years has altered the water system-- the violations are clear. If Tony has a case ,• perhaps the Conser- vation case could be included and the case would be even stronger. Christopher Hagger raised the question of the potential contaminants in the wells. Mr. St. Hilaire agreed the test results previously submitted did not include results for gas and oil constituents ( i.e . benzene , toluene , etc. ) . Mr. St. Hilaire will come back and test both surface and well water in the Spring. MOOSE--NEW ENGLAND POWER Tony Fletcher stated that he has a particular problem on the west side of Highland Avenue . Filling would raise the water table . He would need to see a comprehensive plan of the whole proposal. Discussion meeting Page 2 • Mr. St. Hilaire stated that when and if the Moose Lodge applies for a site assignment, the state statute gives authority to the , Board of Health first in this case due to the refuse being buried there . The Board of Health would be the first to rule on the site assignment and the state would back their decision. Tony has many,many questions relative to the culvert, stability, etc. It is an extremely expensive problem; however with enough money, it can be done.: As far'`as the potential contamination by use of coal ash, there are many unanswered questions here alba The EPA must approve the ash before it can be removed, but has many problems classifying the coal ash, as it depends upon where the coal came from in the first place and New England Power receives coal from several dif- ferent places . Unquestionably, with time it could break down and leech into the river. However, Mr. St. Hilaire feels the biggest problem is the length of time involved in completing the project. Done correctly, the final-' results could be acceptable , however getting to that point is another matter entirely. Transporting the ash, storing, etc. in such a vulnerable area is a virtual night- mare . Again, hiring a consultant to make a comprehensive plan to present to all proper,, bodies is the first step. • Mr. St. Hilaire stated that before New England Power can obtain ap- proval to burn coal they must have an approved dump site for their ash for;'ene year. They have a potential site in Amesbury, but it will be prohibitively expensive to truck and store the fill there . The implication is that New England Power would welcome a site much closer and the potential for more than one year' s dumping would be extremely attractive to them. Christopher Hagger asked assuming they did get permission to use the coal ash for fill, could DEQE stop the operation if all criteria were not being met? Mr. St. Ha.l'aire said monitoring would be relatively infrequent. He reiterated that with enough money, it can work , but the big- gest problem is getting from beginning to end. Chris asked how the state would monitor the situation and Mr. St. Hilaire answered that the state would hire an engineering firm to send test results to DEQE. Susan Madison asked who cleans up the contaminated areas if there are violations . Mr. St. Hilaire answered that any engineering firm would be bonded. Following this: discussion, •Board members present felt it was imper- ' ative to mee't �with the Board of Health •as soon as possible . They - will be asked' to attend our next meeting. Also all other agenda items will be tabled until our January 28 meeting to give full at- tantion •to this matter. Glenn Yale has been in contact with a group in western Massachusetts with a, similar problem on their hands and it was their suggestion that Conservation Law be included in any Discussion meeting page 3 • further discussion and action on this matter. They will be in- vited to our next meeting as well. Thet(e,being no further business , the discussion ended. Dale E. Yalevm e_�_ Clerk • t L:J N Co z Conservation Commission • N y Salem, Massachusetts 01970 '�FyL) Jy Telephone (617) 745-5056 ASS MINUTES MINUTES OF MEETING January 28 , 1982 The Commission met at One Salem Green, third floor , on Jan- uary 28 , 1982 . Commission members present were Raymond Lavender , David DeVoe , Christopher Hagger , Philip Moran, Paul Willis , and Glenn Yale. Alice Akatyszewski was absent . Chairman Raymond Lavender called the meeting to order at 8 : 05 p .m. APPROVAL OF MINUTES There being no corrections or additions , the Chairman declared the minutes of December 10 , 1981 approved. FIORE • Mr. Nicholas Fiore , Jr. was present and stated the person he has had contact with in the past regarding the culvert on his property was a Mr. Zarella. Further effort will be made to contact him. Mr . Fiore stated that the land was filled years ago and a de- pression was created. The flooding problem across the street is due to this filling plus a possibility of debris blocking the culvert . Christopher Hagger stated that the issue here was the fill on the bank. Philip Moran added that the time he visited the property he was told that because the fill was clean , there was no problem. The fact the fill is within one hundred feet of the wetland is the problem. Mr. Fiore agreed with this premise . Glenn Yale stated there should be no further encroachment on the brook. David DeVoe added there is a possibility that the culvert or drain is blocked and if so , it is a state issue . The state Department of Public Works will be contacted re- garding this issue and then the Commission can take appropriate action . • There being no further discussion, Mr. Fiore was excused with the thanks of the Commission. l k Minutes of Meeting--January 28 , 1982 Page 2 • ROBINSON ROAD Mr. Carmen Mongiello and his attorney , Mr . Buongiorno were present to discuss this matter . Susan Madison related the details of a meeting held regarding this matter with Mr. Fletcher , the City Engineer . Mr. Fletcher stated categorically that Robinson Road is not a City-own@d road and was , therefore , not the City' s respon- sibility. He added that there was adequate drainage in the area, but the diversion of the water is what has caused the problem. The responsibility lies with Mr . Hutchinson and possibly Mr. Mongiello to get together and work out an acceptable solution. Mr. St . Hilaire from DEQE feels the best idea is to hire a consultant to survey the area and make recommendations as to-the best solution to the water problem. Paul Willis pointed out that the problem will probably happen again this Spring when thawing takes place. Hiring a consultant would be the best idea because taking the matter into their own hands could possibly make matters worse . Philip Moran added that the problem might even be worse this year:; t Mr . Buongiorno stated that the Mongiello' s primary concern is the hazardous waste problem. ` ; , —a Paul Willis stated that cars are `a'i 'source of hazardous waste. Mr.. Buongiorno agreed, citing several laws—pitainingi-to junk yards and car storage. There followed, several,minutes of discussion as to when Robinson Road was closed and whether it had ever been a public ' way . Glenn Yale pointed out that the City now considers Robinson Road a driveway. Susan Madison added that the City is getting ready to move legally against Mr.. Hutchinson and the Conservation Com- mission' s concern is the alteration oftthe wetland and the pos- sible contamination of the surface and well water. She further added that DEQE will return in the .Spring t-o re-test the surface and well water for potential contaminants from the stored autos . David DeVoe commented that our role here was one of getting the Mongiellos and Mr. Hutchinson to work together to work out an equitable solution to both problems . DEQE has suggested a consultant be hired to study the best possible way to handle the problem and it is the Commission' s view that this is a good idea. He added that solving the drainage problems will go Ia long way toward solving the other problems in the area. Christopher Hagger added that we will be in touch with both the Mongiellos and Mr. Hutchinson when the water testing is done . • There being no further discussion,the gentlemen were excused with the Board' s thanks . Minutes of Meeting--January 28 , 1982 Page 3 • MICHAEL MONIZ Mr. Michael Moniz of the Planning Department spoke at length to the Board regarding a study he has conducted of land use in the City. The study has concentrated on the southern area of Salem and special attention was paid to the vacant land in the City. He detailed the various uses of-the land in the area and asked for the Commission' s input as to possible greenbelt tie-ins , land- takings , conservation restrictions , etc. Paul Willis asked what potential there currently may be to the purchase of land. Michael replied that liabilities and funds were the main problem. The City would be very leery of taking land. However , a green- belt package could beti achieved. David DeVoe asked if there was a potential to negotiate with developers for acquisition or conservation restrictions . Philip P q P Moran feels the recent court decision has not helped our cause. _ P David DeVoe added, however , that the impetus would be tax write- off . Susan Madison feels that conservation restrictions or public vistas would be the way to go. • Philip Moran felt very strongly that vistas do not have as much appeal , as people value their privacy and do not wish to have people on-their property all the time. He felt that conservation restrictions should be our position rather than public access . Susan Madison said it would depend upon the developer. Some feel it is an enhancement . David DeVoe stated that we should take a position to 1) Negotiate for acquisition, then 2) drop back to restrictions , hopefully with access . Michael Moniz would like the input of the Board as to a "game plan" for-.the future . Christopher Hagger raised the possibility of negotiatin for land locked parcels , or possibly A-`trade-off" arrangement . Philip Moran asked what the status of Thompson' s Meadow was at this time . . Haybe the Commission should pursue purchase of Thompson' s Meadow. Paul Willis supported this suggestion. Glenn Yale asked if perhaps we could negotiate for restrictions . • Philip Moran moved to approach Marblehead with aoproposal to purchase Thompson' s Meadow. Second by Paul Willis . It was so voted. Phil Moran and Paul Willis will meet with the Marblehead Conservation Com= mission regarding this matter in the near future and in the mean- time , Marblehead will be contacted for the results of their last tests done on-the Meadow. I Minutes of Meeting--January 28 , 1982 Page 4 David DeVoe stated that the ultimate concern of the Commission is the protection of the Meadow. Christopher Hagger raised the question of whether this was our most desirable piece of-property or are there other parcels of equal importance? Phil Moran answered that politically and conservation-wise he feels itis . Michael Moniz added that Spring Pond is a similar situation. Paul P g Willis and Philip Moran will look into this also and will present a report to the Board by the end of February. MOOSE LODGE Susan Madison met witti Mr. Glick, the ash consultant from New England Power and the question of- dumping coal ash on the Moose Lodge property is»no longer an issue. New England Power needs a much greater amount of area than the Moose can provide . However , re- presentatives of the Commission will be-meeting with the Board of Health on February 8 , 1982 , to let them know our views on the subject and to cooperate fully with them in the event of any future requests for site assignment of this nature . • Regarding the removal of the fill, Mr. Fletcher and Mr . Haight felt the fill could safely be removed with the proper equipment . The Lodge will be . contacted and an April 1 deadline will be given'-thl-m to remove the.rfill from the bank. VINNIN SQUARE Mr. David Hark and Mr . Andy Rose have purchased the land behind the Stop and Shop in Vinnin Square to build a cluster of condo- miniums . They wish the opinion ofi,the Commission. They are amenable to restrictions , access to the pond, jogging paths , etc. They wish a permit for a building on-the buffer zone and no filling will be done . Mr. Hark and Mr . Rose will be invited to the next meeting to present their plan in more detail . In the meantime, each Commissioner will inspect the property and get a better idea of the possibilities before our next meeting. There being no further business , atmotion was made to adjourn by Paul Willis and seconded by David DeVoe . The meeting was adjourned at 10 : 30. Respectfully submitted , oil. • Dale E. Yale Clerk Conservation Commissi®n Salem, Massachusetts 01970 • 'F� Telephone (617) 745.51)56 tIASg, - MINUTES OF MEETING February 11, 1982 The Commission met at One Salem Green, Third Floor, on February 11, 1982. Commission members present were Raymond Lavender, David DeVoe , Glenn Yale , Christopher Hagger, and Paul Willis (9:30) . Alice Akatyszewski and Philip Moran were absent. Chairman Raymond Lavender called the meeting to order at 8:00 p.m. A motion was made by Glenn Yale and seconded by David DeVoe to defer action on the minutes of the previous meeting until later in the meeting. It was so voted. VINNIN SQUARE Mr. David Hark , Mr. Andy Rose , and Design Consultant James MacDowell were present to discuss a proposed cluster of condominiums in Vin- nin Square behind. the Stop and Shop. They are very much interested in working with the Commission and plan a good quality, small project. They are amenable to public access to the pond for fishing and ice • skating, etc. and plan to change the natural environment very little . _ Their proposed design meets cluster zoning criteria--there is access to utilities, etc. and they plan to meet with the residents in the surrounding area for their input. They additionally plan to meet with Ward Councillor Nutting for his input David DeVoe pointed out that our main concern is with the pond quality and its storage capacity. He further recommended inter- facing with the Planning Board. Mr. MacDowell agreed and added perhaps a joint meeting of the two Boards in the future to air all concerns would be beneficial. David DeVoe asked that a short narrative be given the Board as to the scope of the project. James MacDowell replied that they are planning twenty-two units . There would be three clusters of townhouses , using approximately 1200 square feet. They would be two bedroom, one and one-half bath units , with most likely a garage underneath. However, water table concerns will be studied and tests taken before this is finalized. David DeVoe cited several areas of helpful information from the DPW project undertaken in the area several years ago . • Christopher Hagger asked how much total area was involved. Mr. MacDowell replied there are eight acres , three of which is the pond. Two acres will be actively developed. Minutes of Meeting--February 11, 1982 Page 2 • Andy Rose stressed their desire to keep the area as natural as pos- sible. They want to avoid the "manicured" look of some develop- ments. He further reiterated their desire to work with the Com- mission and their interest in conservation restrictions , etc . David DeVoe commented that restrictions are usually negotiated with the developers. Glenn Yale asked how much encroachment within 100 feet of the pond was anticipated. Mr. MacDowell replied this was not certain as yet. David DeVoe stressed the Board's interest in examining the impact of the building on the wetland and making sure the design is viable . Christopher Hagger asked if the townhouse concept they planned would avoid any major grading changes. Mr. MacDowell answered that they don' t want to ruin the pond and plan to keep grading changes to a minimum. Christopher Hagger asked if they anticipated putting a pier on the pond or anything of that nature . Andy Rose replied that they plan a scenic easement perhaps or a bench or two for skaters' use . They anticipate cleaning up the trash in the area and replacing some • vegetation which has been destroyed, but they want the area to be as natural as possible . There is a possibility of a " jogging path" or something of that nature . Christopher Hagger asked if JAning the access roads was anticipated. He commented that one section of the land is quite narrow and if the roads were connected it would encroach quite heavily on the pond. Run-off would be a problem as well. James MacDowell replied the impact on the pond will be minimal. Andy Rose added that they plan a meandering type road--not sub- division look at all. Raymond Lavender commented that what they are planning is a big improvement over what exists now. Andy Rose gave a brief background of his previous experience in converting townhouses on Beacon Hill. Both David DeVoe and Glenn Yale urged Mr. Hark and Mr. Rose to include the Marblehead Commission in their planning. Marblehead' s main concern is for their well head in the area, but all agreed that their input on the project would be appreciated. It was also stressed that the condition of the pond should be protected at all times , particularly during construction. James MacDowell stated that the Commission will have full access to grading plans , water supply analysis , environmental impact state- ments, etc. There being no further discussion, the gentlemen were excused with the Board's thanks. 2' Conservation Commission u. Salem, Massachusetts 01970 • Telephone 16171 745-5056 SS JS 1 1 =v Minutes of Meeting--February 11, 1982 Page 3 APPROVAL OF MINUTES On the motion of David DeVoe and second of Glenn Yale , the minutes of the January 28, 1982, meeting were approved as amended. FIORE Efforts made to contact Mr. Zarella of the DPW regarding the clean- ing of the culvert will continue . It was also suggested that per- haps contacting one of Mr. Zarella's superiors would be helpful. BOARD OF HEALTH MEETING--MOOSE LODGE Although the g question of the Moose Lodge contracting with New England Power Company to use their fly ash for fill on the Lodge property appears to be resolved at the present time , the Board of Health is now aware of the question and is interested in helping the Commission in this and any other issue of mutual concern. They have been extremely supportive of the fact that the site on the Moose property is a former hazardous waste disposal site. They agree that the area is extremely sensitive. Additionally, in a meeting with the City administration recently regarding this issue , full supprt- was given to the Commission's efforts to protect the area. • THOMPSON'S MEADOW Although Philip Moran was unable to attend the meeting this evening, he. has been in contact with Mr. Mulligan of the Marblehead Con- servation Commission. Mr. Mulligan felt that although the Mar- blehead Commission would most likely not agree to selling the Thompson's Meadow property, they would be amenable to restrictions. This will be explored further. Additionally, a walk through the Meadow is being planned for early Spring. There being no further business , a motion was made and seconded to adjourn. It was so voted. Upon the motion of Paul Willis and second of David DeVoe , the meet- ing was reconvened to address the issue of the Moose Lodge . A letter sent to the Lodge on February 8 included the concensus of the Board to remove the fill on the property by April 1. Paul Willis felt this should be stated to the Lodge in the form of a motion. It was so moved and seconded. A letter to this effect will be sent to Mr. McLaughlin. The meeting was adjourned at 10,15 p.m. Respectfully submitted, dCcLt • Dale E. Yale Clerk Conservation Commission r Salem, [ v P assachusetts 01970 Telephone Jfi17j 745-5056 LIASy nI d -1 Conservation Commission V (�_ Salem, Massachusetts 01970 • y�Fl LJ Telephone J6171 745-5056 MINUTES OF MEETING February 2�, 1982 The Commission met at One Salem Green, Third Floor, on February 28 , 1982. Commission members present were Philip Moran, Christo- pher Hagger, Glenn Yale , David DeVoe , and Raymond Lavender. Alice Akatyszewski and Paul Willis were absent. v Chairman Raymond Lavender called the meeting to order at 8:05 p.m. ` Upon the motion of Glenn Yale and second of Christopher Hagger, the minutes of the February 11, 1982 meeting were approved. CLETI CERVONI Ms. Cleti Cervoni of the Massachusetts Audubon Society requested permission of the Commission to film a ten_.)minute pilot program in the Forest River Conservation Area. Warner Cable will be doing the filming and will teach Ms. Cervoni and an assistant how to use video equipment. The program will most likely center on the Eagle Hill and estuary area and will "hype" the Conservation Area and Salem and present the area as a place for passive recreation. • Philip Moran moved to give permission to the Audubon to use the Forest River Conservation Area for a cable television program. The motion was seconded by Glenn Yale. . It was so voted. Cleti will keep us informed as to the progress of the program and when it can be seen. She expressed her appreciation and was excused with the Commission's thanks. FIORE Glenn Yale was finally in touch with Mr. Zarella and his superior, Mr. Madeiros regarding this problem. Mr. Zarella remembers the problem quite well. Mr. Zarella stated that in no way was permis- sion given to Mr. Fiore to fill. However, Mr. Zarella feels what was done was somewhat of. an improvement. Regardless, Mr. Fiore ' did not receive permission from either the Commission or the D.P.W. David DeVoe asked about the condition of the culvert. Glenn Yale replied that Zarella felt the culvert was all right and Mr. Rich seemed to be happy. The state will check it again, however. David DeVoe asked when the cleaning of the culvert took place. Glenn Yale replied that it was done sometime last year. Philip Moran observed that this was most likely done after the filling was begun. There followed several minutes of discussion relative to the Com- mission's concerns regarding the Fiore property. Minutes of Meeting--February 25, 1982 Page 2 • A letter detailing the Commission's concerns will be sent to Mr. Fiore. r: THOMPSON'S MEADOW AND SPRING POND Philip Mown stated he had nothing to report regarding Spring Pond as yet. He would like the input of the Board as to the approach he should take with the City of Peabody. David DeVoe replied that Spring Pond is an active water resource so therefore , knowing this, we are as concerned as the City of Peabody with protecting the area. Christopher Hagger asked if we might suggest obtaining restrictions on the land acting as buffer zone to prevent any development of the land for purposes other than conservation. Philip Moran will contact the City Solicitor in Peabody and will report to the Commission at a future meeting. Regarding Thompson's Meadow, Mr. Moran has been in contact with Hugh Mulligan of the Marblehead Conservation Commission and they are agreeable to discussing restrictions on Thompson's Meadow. They have other concerns also : i, e . New England Power's storage of coal within 100 feet of the wetland, the Sewerage District, and Vinnin Square. They will be invited to our next meeting to dis- cuss these mutual concerns. LOTS 235 and 236--Marblehead Line Glenn Yale spoke with a gentlemen who is concerned with potential development of two lots on the Marblehead line between the railroad bridge and the river. Philip Moran knows the gentleman in question and will discuss the matter with him. There being no further business, upon the motion of Glenn Yale and second of Christopher Hagger, the meeting was adjourned at 9:44 p.m. Res ectfully submitted, i Dale E. Yale Clerk Minutes of Meeting February 25, 1982 } an; .. ., . 1 - - .,. L •.y ,r _ � / 'G.�.; 1 ielT 3 .'_,.,�;. �". � :',p�- �r � y. i A nj -OV Own ' j")•7 , a" r:4i ,`r G 'L VGX 7( 140 . SIS - E:.. '.7.7A Uzi . r 4 ..GU¢ ;'CJ IS;. 'ti ' r.trj"7.- . ,iv.{ W , . , .. L' x:. .. - ; r .�> �. '„(1� e :, e i :..{' `{.t 'B;.r L,T' C . r•n'.,. fY y ` 4 TV JNA' .. , l . 7.1 it i s 4 l 7 • 1 ^ ,y '= Conservation Commissi®n Sah-ni. Mas.sachusctts 01970 MINUTES OF MEETING March 11, 1982 The Commission met at One Salem Green, Third Floor, on March 11, 1982. Members present were David DeVoe , Christopher Haggei, Philip Moran, Alice Akatyszewski, Glenn Yale , and Paul Willis (9:30 P.m. ) . Also present were Susan Madison, Conservation Aide , and the fol- lowing members of the Marblehead Conservation Commission: Fred Sullivan (Chairman) , Hugh Mulligan, Marie Hoyt, Jeannette Yeaple , Rosemary Collins , and Jody Howard. Vice-Chairman Philip Moran called the meeting to order at 8:04 p.m. Upon the motion of Chtistopher Hagger and second of David DeVoe , the _minutes of the February 25 meeting were approved. OLD BUSINESS Philip Moran has been in contact with the City Clerk in Peabody who will send us the names of the Peabody Conservation Commission members. We will then contact the appropriate party regarding Spring Pond. • Mr. Moran also plans to be in touch with the appropriate parties regarding the Lead Mills property as. discussed at the last meeting. The remainder of the meeting was set aside for discussion with the Marblehead Commission of issues of mutual concern. THOMPSON'S MEADOW The concern among Salem commissioners is the large piece of wetland which is owned by Marblehead but situated in Salem. Would it be possible to negotiate some mutually agreeable restrictions on the property which would protect the water shed but offer open land. Mr. Sullivan felt the management of the Meadow was in good hands under the pervue of the Water and Sewer Department and there was no danger of it ever being filled or drained. Mr. Moran stated, however, that there is a movement in the country and in the City of Salem of a more conservative nature and at the moment there are no restrictions whatever on that land. Susan Madison added that the Meadow is surrounded by Salem's pri- mary Conservation Area. There is no secondary level of conservation restrictions. We are looking for a cohesiveness and protection of our land. • Rose Collins suggested placing an Order of Conditions on the deed. Fred Sullivan felt the route to follow was to contact Mr. Hardwick of the Water and Sewer Department for some suggestions as to ways to legally protect the area. The Marblehead Commission was supportive of this plan. Minutes of Meeting--March 11, 1982 Page 2 A & H AUTO Mr. Mulligan and several members of the Marblehead Board expressed deep concern for the situation at A & H Auto. Several members of the Salem Board gave an overview of what we have done and are trying to do with regard to Hutchinson. Once DEQE returns to do the testing they have promised, Marblehead will be notified of the results. Fred Sullivan asked how far the Salem land extended. Philip Moran replied it went all the way to the Swampscott Cemetery. Of concern to the Marblehead Commission is the sludge dumping area behind the cemetery which ultimately drains into Thompson's Me adois,. There followed several minutes of discussion regarding the. land usage map hanging in the office. VINNIN SQUARE Several minutes of discussion were spent regarding the proposed cluster of condominiums in Vinnin Square and the impact it may have on Marblehead's well heads, etc. The Salem Commission had recommended that Mr. Hark and Mr. Rose contact the Marblehead Commission for their input. Mr. Sullivan will follow through on • .this. NEW ENGLAND POWER Both Boards are extremely concerned with the delayed compliance granted to New England Power. Further, two new storage tanks for fly ash are to; be built on the site. The storage of coal on the property is also a concern of both Boards. However, it is not under the pervue of the Conservation Commission because the stor- age is further than 100 feet from the harbor. It was felt that coal burning and the existence of the power company 4as a fact of life and while we will continue to monitor what is happening at the plant, our energies were better spent in other areas. A letter will be sent to New England Power, however, asking that both Boards be informed of any future public meetings. CONSERVATION SPRING WEEKEND Both Boards felt a worthwhile goal of us all was to make an attempt to tie in both Conservation trails. In conjunction with this , we will have a walk on the weekend of May 7. The Salem Conservation Commission will hold its cocktail party on May 6. . Paul Willis also volunteered to do a bird walk. The whole idea was received enthusiastically by both Commissions. JEGGLE ISLAND • Of serious concern to Mr. Moran in particular",' and to us all is the practice of hunting on Jeggle Island in Salem Harbor. There evidently are two conflicting laws governing this area. Marblehead will look into this further and report to us. There being no further business , a motion was made to adjourn by Minutes of Meeting--March 11, 1982 Page 3 Christopher Hagger and seconded by David DeVoe. It was so voted. All agreed the meeting had been extremely informative , enjoyable and productive, and it is hoped further joint meetings can be held. Vice-Chairman Philip Moran adjourned the meeting at 10:10 p.m. a Respectfully submitted, Dale E. vYale Clerk z N Co Conservation Commission • Salem, Massachusetts 01970 Telephone (617) 745-5056 `HASSPO�J MINUTES OF MEETING March 25 , 1982 The Commission met at One Salem Green, Third Floor , on March 25 , 1982 . Members present were David DeVoe , Christopher Hagger , and Glenn Yale . In the absence of Mr. Moran, David DeVoe assumed the chair. There being no quorum, the approval of the minutes will be deferred until the next meeting. David DeVoe explained that this evening would be a discussion meeting and if an urgent vote was needed, the Commission would call a special meeting for that purpose . CHARLES FOX Mr. Charles Fox of Greenlawn Road spoke to the Board regarding a flooding problem in his yard. He feels the trouble began when Tri-City Sales began filling . Susan Madison gave the Board some background as to the filling in this area. It seems that fill from the Phase II sewer project ended up behind Tri-City Sales . It was stopped by a Cease and Desist order issued by the Commission. Tri- City wanted the fill there and wished to fill to the line of the embankment in the buffer zone . Mr. Fox stated that after an important storm; the drainage problem in his yard is very serious . After several minutes of discussion and study of topographical maps of the area, it was decided to inspect the area and see what can be done to alleviate the problem. Mr. Fox was excused with the thanks of the Board. SNACK BAR WINTER ISLAND Mr . Al Potorski and Mr. Ralph Hobbs of the Winter Island Commission were present to describe Mr. Potorski ' s plan to construct a snack bar on Winter Island. Mr . Hobbs presented some background information on Winter Island and its use last summer. It is hoped that persons proposing use of the island will first use the septic system that is in place on the island which Mr. Hobbs feels is adequate judging from infor- mal tests he did last year , then eventually tie into the sewer system out on Fort Avenue. Mr. Potorski wishes to pipe to the existing tank from two toilets he plans to construct in his snack bar . He plans to bolt to the • existing pad, so there will be no digging except for a trench behind his building for the pipe. • Minutes of Meeting Page 2 David DeVoe observed that the only objection he could see was the potential for contamination. There is no documented evidence of the location of the leeching field and, while it is likely it is not significant to the bank, there is always that possibility. Mr . Hobbs stated that the septic tank itself is more than 100 feet from the bank. The building itself, which is 50' x 40 ' , is within 100 feet . He is of the opinion that the plan will not have sig- nificant impact on the coastal bank. David DeVoe stated that the ability of the system to service the building is not an issue the Commission can address . The Board of Health has jurisdiction over this area; the effect of the building on the coastal area is negligible and we would have lit- tle objection. Glenn Yale cautioned Mr . Potorski and Mr. Hobbs as to the addition of extra toilets in the future, however. Christopher Hagger added that it depended on where the leeching field is or even if it exists , . how many people are tied into the system, and the'Acondition of the field. Ralph Hobbs commented that this is a temporary situation. Susan Madison added that if the leeching field is in the worse possible place, it would be true for any activity on the island coming in to the Commission for approval , so we would not lose jurisdiction. Ralph Hobbs observed that because this is a snack bar, it is not necessary for toilets to be installed, but Mr. Potorski is in- stalling them for the convenience of his customers . Christopher Hagger asked where the water will be coming from. Mr . Hobbs replied that a plastic pipe will be laid from the fire hydrant. Christopher Hagger stated that there will be additional waste wa- ter irrespective of the toilets . Ralph Hobbs suggested a dye to trace the waste water. Christopher Hagger felt this was not necessarily a definitive test . He added that borings would be necessary to determine the location of the leeching field. Susan Madison said that the Board of Health has absolute jurisdiction over this area. Mr. Hobbs stated that the present tank is 182 x 162 x 10' . Chris Hagger observed that the tank could be filled with sludge which would have to be pumped out. Minutes of Meeting Page 3 David DeVoe stated that fundamentally the construction is not significant , but the Board of Health will not allow construction until borings , etc . are done . The concensus of the Board is that there is not a problem with the plan presented. A formal vote on this matter will be taken at a special meeting next week. There being no further discussion, Mr. Hobbs and Mr. Potorski were excused with the Commission' s thanks . HUTCHINSON Mr. Hutchinson, Attorney Lescaris , Mr . James Cooke of Lynn Sand and Stone, and Mr. Richard Mailhoit , an Engineer , were present to dis- cuss the request made to Mr. Hutchinson by the Commission to have a drainage study done to alleviate .the flooding problems on his property. Mr. Mailhoit presented a detail of the study he has made . He sta- ted that a french drain was constructed several years ago which in no way can handle the flow of water in that area. Tests were done during a medium flow period using dye. There are two dams with 18" reinforced concrete pipes which cannot handle the drainage . The capacity of the system is 18 cu. ft . /sec. He proposes re- moving the dams , constructing a new head wall and adding a sluice • gate which would be manually operated to control the elevations . The gate would be located on Lynn Sand and Stone property on which the Salem Conservation Commission has conservation restrictions . Christopher Hagger asked who would operate the gate. Mr . Mailhoit replied that the City would operate the gate in light of the facg the Commission has restrictions . The concensus of the Board was that this was not a workable idea. David DeVoe asked if any testing was done further downstream. He felt that what is proposed was only a partial solution unless it is tied to downstream. Christopher Hagger reiterated the problem of who would be control- ling the gate . David DeVoe added that the cure may be worse than the disease unless the possibility of overflows further downstream are considered. Mr. Mailhoit felt that Mr . Hutchinson would possibly be a good person to operate the gate where it directly affects his property. Mr. Cooke suggested an inverted siphon. There would be no people involved and it would handle the problem well. • I� Minutes of Meeting Page 4 David DeVoe felt it was needed to restrict the flow in such a way that will not allow the flow to go beyond a maximum rate . He liked the inverted siphon idea and also felt it was critical to verify the calculations made . Mr. Mailhoit prefers the sluice ,gate idea. There followed several minutes of discussion as to the possibility of changing the level of the marsh. Mr. Cooke felt that at one time it was much drier. Both Susan Madison and Glenn Yale felt it was not the Commission' s intent to change the marsh in any way. Mr. Cooke stated that he would be happy to see anything done which would improve the situation. He will put this in writing if we wish. As far as the odor problem is concerned, it was suggested that holes drilled in the ice would perhaps vent the pond and help eliminate the odor . Susan Madison asked what the difference in cost between the sluice gate and an inverted siphon would be. Mr. Mailhoit replied it would be $400-$5.00 . • Glenn Yale stated that the biggest problem with the sluice gate is who would operate it . Mr . Mailhoit agreed to design an inverted siphon system. The french drain will remain in place and all these calculations are predica- ted upon the capacity of the drain. Christopher Hagger felt all three property owners in the area should be brought together to alleviate the problem. Mr. Mongiello' s channel should be opened according to Mr.Mailhoit . A letter to the Mongiellos describing the evening' s discussion will be sent . Mr . Lescaris felt the expense should be shared, etc. Chris Hagger said the size of the pipe would have to be designed, but once the design is done, the labor is available , so he cost would be rela- tively minimal . It was the concensus of the Board that no further action could be taken this evening. The calculations need to be checked, Mr. Mail- hoit will submit further plans , and the Mongiellos will be con- tacted regarding this matter. We will also contact DEQE for their input . There being no further discussion, the gentlemen were excused with the Commission' s thanks . FIORE • It was noted for the record that Mr. Fiore did not appear with the required survey drawings as requested. A decision as to further action on this matter will be made at a special meeting set up for Friday, April 2 , 1982, at 6 : 30 p.m. b Minutes of Meeting Page 5 • There being no further discussion, the meeting was adjourned at 10: 15 p.m. Respectfully submitted, Dale E . Yale Clerk • Conserved®n Commission � Salem, Massachusetts 01970 • '-f �) ` Telephone 16171 745-5056 MINUTES OF MEETING April 8 , 1982 The Commission met at One Salem Green, Third Floor, on April 8 , 1982. Present were Christopher Hagger, David DeVae, Glenn Yale, and Philip Moran (8 :25 p .m. ) . Absent were Raymond Lavender , Paul Willis , and Alice Akatyszewski. Before discussion of the evening' s agenda, an informal discussion regarding Miller' s Wharf was held. Mr . Purcell was present to dis- cuss the structure on the pier at the site of Jillian' s Snack Bar. The structure overhanging the eating area was never approved and now there has to be additional reconstruction on the pier. There has also been some question as to the stability of the pier itself. Mr . Purcell stated , however , that Mr. Andrew Dominic of Cape Ann Marine had checked the stability of the pier . Susan Madison will contact Mr. Dominic for his findings . Mr. Purcell further stated that the pier is concrete poured over wood , which is not the best , but the pilings and plankings are in fairly good shape . He wishes to put welded pipe through pipe holes which are present in the concrete to further stabilize the pier . He also wishes to add an additidnal railing for further security. and to provide superior stability to the pier. David DeVoe commented that what we are essentially being asked to do is to grant a retroactive permit . Glenn Yale and Christopher Hagger felt it was unfair to ask us to issue a permit without an inspection. Susan Madison said we would have until the next meeting under. the provisions of the Wetlands Protection Act . Mr . Purcell was hopeful of quick action on the project due to time constraints . It was decided that the Board will inspect the site on Saturday, April, 10 , and then get back to Mr. Purcell . Upon the arrival of Mr . Moran, a quorum was achieved and the meeting was called to order . APPROVAL OF MINUTES Upon the motion of Glenn Yale and second of Chfis Hagger, the minutes of March 25 were approved as amended. It was so voted. Upon the motion of David DeVoe and second of Chris Hagger , the minutes of the April 2 meeting were approved as amended . It was so voted. Minutes of Meeting--April 8 , 1982 Page 2 FIORE There was no word from Mr. Fiore regarding the survey the Board requested. Upon the motion of David DeVoe and second by the Chair, a letter will be sent to Mr. Fiore requiring him to ap- pear at the next meeting on April 22 , 1982 , or the matter will be sent to the courts . If he does not appear at this time , it will be a clear sign to the court that he is not complying with the Clerk Magistrate ' s requirement that Mr. Fiore work with the Commission to solve the problem. It was so voted. MOOSE The Moose property was informally inspected on March 30 and no attempt has been made to rectify the fill situation on the site as required by the Commission. Upon the motion of David DeVoe and second of Glenn Yale , it was decided to extend their deadline to May 1 due to the unusual weather conditions . Beyond that date , if nothing has been done to pull the fill back from the bank, they will be taken to court . It was so voted. THOMPSON' S MEADOW Susan Madison has been in contact withMr. Hardwick regarding restrictions on Thompson' s Meadow. She asked if it was the wish of the Board to request restrictions similar to those done under Phase II? David DeVoe felt this would be a good plan. Susan asked if a. member of our Board would like to go to a meet- ing of the Water Board in Marblehead when this was discussed. David DeVoe felt it would be a good idea if we were represented as well as asking a representative of the Marblehead Conservation Commission to attend. Susan will find out when the Water Board will be meeting and we will arrange to send a representative. MACKEY Susan Madison outlined the history of the illegal filling done next to Miller ' s Wharf. She also read a letter from the Depart- ment of the Army regarding this matter (attached hereto and made a part hereof) . She commented that Coastal Zone Management is now getting into regulation on this issue . 4 Philip Moran asked from where CZM is getting their authority. Susan replied that they serve in an advisory capacity to the Army Corps of Engineers . I` 1: r Minutes of Meeting--April 8, 1982 Page 3 • David DeVoe observed that in the past the Army Corps has followed the recommendations of CZM. He further added that the Mackey proposal had little impact on the harbor. Philip Moran added he thought it was an enhancement. Mr. Mackey has not yet contacted us on this issue and if and when he does , we can offer technical assistance . N 6+i ENGLAND POWER New England Power will be present for the next meeting for a pub- lic hearing on their proposed 68' in diameter stack foundation which is in an A-3 flood hazard zone . KASTRINAKIS Mr. Moran reported that he had inspected the work completed on Mr. Kastrinakis ' property and suggested a certificate of com- pliance be be sent to him. It was put in the form of a motion by David DeVoe and seconded by Glenn Yale . It was so voted. TRAIL BIKE Regarding the incident of a trail bike being seen on the Conserva- tion Area land, witnessed by a resident of the area, it was the concensus of the Board that the matter should be pursued legally with City Solicitor Stafford. There being no further business , a motion was made to adjourn by David DeVoe and seconded by Christopher Hagger. The meeting was adjourned at 10:00 p.m. Respectfully submitted, Dale E . Yale Clerk .-r > . Conservation Commission Salem, Massachusetts 01970 Telephone X617) 745-5056 MINUTES OF MEETING April 22 , 1982 The Commission met at One Salem Green, Third Floor, on April 22 , 1982. Present were Philip Moran, Christopher Hagger, David DeVoe , and Paul Willis. Absent were Raymond Lavender, Glenn Yale , and Alice Akatyszewski. NEW ENGLAND POWER--PUBLIC HEARING Vice-Chairman Philip Moran declared the public hearing open at 8:00 p.m. and read the notice of hearing dated April 17 , 1982. The purpose of the hearing is to review the proposed chimney foundation New England Power wishes to construct within a flood hazard district. Present were Mr. Ronald Boches, Supervisor of Licensing and Permits for Salem Harbor Station, Mr. Andrew Estrin, Attorney, Mr. Jack Walsh, a vice-president who is supervisor of the coal conversion, and Mr. Dave Beattie , chairman of Community Relations . Additionally, • four neighbors from Salem Willows were also present: Mr. Al Cloyd, Mrs. Doris Maliwicki, Mr. Richard Maliwicki, and Mr. Robert Shea, all of Larkin Lane . Mr. Boches presented his testimony (attached hereto and made a part hereof) and then opened the meeting to questions. Christopher Hagger asked where the excavation material would be stored. Mr. Boches replied that it would be stored outside the flood hazard district and would be used for another phase of the construction. The acceptability of the fill will determine its ac- tual use. Mr. Moran asked if the condition of the fill was known. Mr. Boches answered it was silt and sand. Mr. Hagger questioned whether the excavated material would be clean. Mr. Boches anticipates it will be clean material. Paul Willis asked if any testing has been done on the site . Mr. Boches said some preliminary testing had been done . Paul Willis asked if the Commission could have copies of the test results. He further asked how the flood hazard boundary line was determined. Mr. Boches replied it was determined from the Federal Insurance Administration Flood map. In reference to the map which Mr. Boches gave the Board with his testimony, Paul Willis asked what the grade line represented. • Mr. Boches answered it was 15.36 mean low water, so that is essen- tially the contour line Paul Willis asked if there were any ad - ditionaly contour lines to see the relationship of that line to the wharf and/or Derby Street. Mr. Boches replied there: were Minutes of Meeting--April 22 , 1982 Page 2 • Mr. Boches stated that the line designated is the contour line. This was designated by the federal government . Paul Willis asked how the line was derived and Mr . Boches replied the calculations came from a HUD map obtained from the City. It is the Federal In- surance Administration map for 100-year flood plan. Susan Madison added that HUD' S calculations came from topo maps provided by the City. Susan Madison asked what the elevation of the coal pile would be. Dir. Boches felt it would be approximately 14-15 feet . Chris Hagger asked why the area where the foundation is to be con- structed is bermed. Mr. Boches replied that by state law the area around tanks which store slurry materials or oil must be bermed for spill prevention. Mr. Hagger asked if there ever had been a spill . Mr. Boches felt it was doubtful and Mr . Walsh added that no tank has ever ruptured. Mr. Hagger asked if the excavation material was contaminated and Mr . Walsh replied he thought not. Philip Moran asked how far down they would be excavating. Mr . Boches replied they would go down to bedrock. Mr . Moran asked the distance and Mr. Boches answered it would be between six and • nineteen feet down. David DeVoe asked if it was possible to get more detailed cal- culations . Mr. Boches referred him to the packet which was included with the Notice of Intent. Mr. DeVoe asked if it was possible to get calculations for the hydrodynamic and hydrostatic loads . Mr. Boches stated that the design is not complete but will be designed to hydrostatic and hydrodynamic specifications . Philip Moran asked how high the chimney will be. Mr. Boches an- swered it will be 445 feet . The highest stack that is there now is 500 feet. David DeVoe asked if it was intended to take over the work of the three other stacks . Mr . Boches replied in the affirmative adding that pollution control equipment will beinstalled in .the new stack. Susan Madison stated that since the calculations for hydrodynamic and hydrostatic loads are not completed, we need to deal with whether we can issue an Order of Conditions without this data. Chris Hagger asked how much fill they feel is needed. Mr . Boches replied he felt they would need 1500 yards of material . There being no further questions from the Board, Mr . Moran opened the • questioning to the neighbors . Minutes of Meeting--April 22 , 1982 Page 3 • Mr . Cloyd asked if this was the first step in the sequence of get- ting approval for this project . Mr . Boches answered in the affirma- tive. Mr . Cloyd then asked what other other steps need to be taken and Mr. Boches replied that they are under a delayed compliance under the Environmental Protection Agency for the whole project . This particular phase will also have to be heard by the Planning Board. Mr. Cloyd commented that this seemed like an expansion rather than a conversion. Philip Moran remarked that the Conservation Commission' s involvement at the present is how the proposal affects the flood zone . David DeVoe added that emissions , etc . are regulated under the EPA and the rationale for the new stack is appropriate scrubbers , etc . Mr. Shea asked if this new stack will obsolete the other three al- ready in place. Mr. Boches answered in the affirmative. Mr. Shea asked what will happen to the other three and Mr. Walsh re- plied that they will be retired in place--capped off and sealed. Mr. Shea asked why they couldn' t be removed and Mr. Walsh de- tailed the expense and the equipment beneath is extremely sensitive and cannot be disturbed. He described it as a resky operation at best . He added that this was not included in the estimated $100 million cost of the conversion. Mr. Shea asked what the projected life of the plant is . Mr . Walsh • replied that if kept in excellent shape , the life would be long. Mr . Shea then asked what percentage of the total system does this plant contribute. Mr. Walsh felt it was approximately 25% or a bit less . Christopher Hagger asked where the material from the re-bermed area around the tanks will be placed. Mr. Boches commented that the S-1 and S-2 tanks will be bermed as mandated by State and City ordinance and the the material will be reutilized to berm elsewhere. Mr . Walsh added that part of the project will be to re-berm S-2 and S-3 and the area will be raised slightly to construct fly ash settling ponds . Mr. Boches added that the company will be back with further projects within the flood hazard district . Mr. Walsh added that the reason they are coming in in steps this way is due to the delayed compliance order. They are coming ininow for scheduling purposes--the chimney is crucial to the project . Chris Hagger asked where the water will be pumped when excavating begins . Mr. Boches allowed that this was a good question--perhaps it could be pumped into the settling!,ponds as opposed to the harbor. It is just ground water, however, according to the preliminary tests . It is brackish, but not contaminated. • Paul Willis felt it would be helpful for the Board to visit the site before any vote is taken. Mr . Beattie will set this in- spection up . There being no further questions , Mr . Moran closed the hearing. I Minutes of Meeting--April 22 , 1982 Page 4 • APPROVAL OF MINUTES Upon the motion of Christopher Hagger and second of Paul Willis , the minutes of April 8 , 1982 were approved as amended. FIORE Mr. Fiore was present as requested by the Board and Mr. Moran opened the discussion by thanking him for coming and reiterated the Board' s concern for survey drawings on his property to ascertain that no further filling will be done in the future on the property. Mr. Fiore said he had no objection to the idea, but had been waiting in the hope that the zoning changes being done in the City would mean he wouldn' t have to have a survey done twice. Susan Madison said that he would need a topo map anyway which could be used again during the zoning changes . Mr. Fiore said he was advised by his lawyer , Mr. Serafini , to "sit tight. " David DeVoe gave a brief summary of the situation reiterating the fillip• fact that the g that was done on the property was probably an improvement and we felt we could live with the filling that was done . providing we could verify the fill line would remain stationary. We need a document which defines the fill line so that we are confident that fill line stays the same. Also subsequent Y q owners would know the restrictions . We would like to have the line surveyed from the street to the property line across the broad plane at five foot contours . Mr. Fiore asked if he needed to come in for a hearing if a building he wishes to construct is far enough away from the wetland. Paul Willis urged Mr. Fiore to come in anyway. David -DeVoe added that the proper procedure would be for him to come in with a plan with a request for a determination of impact which the Board can look over and judge whether there is significant impact . If , however, it does have significant impact , a hearing will be held. . Susan Madison added the fact there is a wetland on the property is the major concern. Mr. Fiore asked whether he could fill in the small area which he doesn' t presently own. Chris Hagger urged him to do his surveying before any further filling is done. Mr. Fiore agreed to "shoot some grades and put them on a plot plan. " Chris Hagger stated this must be done by- a Registered Professional • as a matter of record. Paul Willis added we need a 40 scale plot plan. 1 Minutes of Meeting--April 22 , 1982 Page 5 Susan Madison reiterated that this was for Mr. Fiore' s protection as much as anything else. Philip Moran stated that our meeting of May 20 , which is one month, is the final deadline for getting this work done. Mr. Fiore said he would try. The Board urged him to stay in touch with Susan as to his progress . There being no further questions , Mr. Fiore was excused with the thanks of the Commission. MONGIELLO Susan Madison gave the Commission an update on her meeting with Mr. Mongiello. He seems to be getting angry with Mr . Hutchinson again and we all agreed that there was no way anything could be accomplished without mutual cooperation. A letter will be sent to Mr. Mongiello explaining the situation. Further , a reminded will be sent to Mr. St. Hilaire regarding, the testing he plans to do in the Spring. Chris Hagger has been following up on this matter as well. MILLER' S WHARF • David DeVoe reported that fundamentally the inspection of the wharf showed the conditions to be as presented in the plan. He sees no objection to the proposal and the concensus was there was satisfaction with the work being done . Upon the motion of David DeVoe and second of Chris Hagger , the pro- posed work on Miller' s Wharf (Suslack' s Pier) was determined to have no significant impact. It was so voted. CHARLES FOX Mr. Fox' property was inspected and all were in agreement that the fill material put in by Tri-City Sales has aggravated the flooding problem, if not causing it out right . There could be a blockage of the culvert , but there is also a large amount of fill on the other side of the road which has virtually closed off the wetland. After several minutes of .discussion, it was decided to try to alert the State regarding the culvert and also ascertain where the fill on the other side of the road came from. There being no further discussion, a motion was made to adjourn by David DeVoe and seconded by Paul Willis . It was so voted. The meeting was adjourned at 10 : 10 p;' M. • Respectfully submitted, Dale E. Yale Clerk Conservation Commission v. Salem, Massachusetts 01970 • 'tF•1 Telephone )617) 745-5056 MINUTES OF MEETING June 10 , 1982 The Commission met at One Salem Green, Third Floor, on June 10 , 1982. Present were Raymond Lavender; Glenn Yale , and Chris- tonher Hagger. Philin Moran, Paul Willis, Alice Akatvszewski , and David DeVoe were absent. There being no quorum, Vice-chairman Glenn Yale declared the meet- ing open for discussion. FREEMAN ROAD Mr. and Mrs . Benjamin Svlvanowicz and Mr. and Mrs . Edmund Paradv were Present to discuss the severe f.loodinq problem which has occurred on their properties at 11 and 13 Freeman Road. M.r. Svlvanowicz presented photographs of the problem which graphically_ gave the Board an idea of the severity of the situation. Mr. Svlvanowicz stated that this problem has existed for several years causing them to take extreme measures to protect their homes , • but with the current rain problem, the flooding has reached a new level of severity. Susan Madison gave a background of the area. It seems that in April of 1977 , Mr. Charles Puleo, 5 Freeman Road submitted a reauest to the Conservation Commission for permission to build a single family dwelling. At that time, Mr. Puleo explained there would be no filling and "drainage from the wetland to the west of the property would be accomplished by a culvert running parallel to the Marchant Road right of way to Highland Avenue." The land lies in a buffer zone of a wetland and tests conducted .at the time showed refusal at- elevation 91 and no water was found. At that time, it was determined by the Conservation Com mission that the Wetlands Protection Act was not applicable to the work oronosed in the request for Determination Mr. Svlvanowicz and. Mr. Parady felt that a verbal agreement was made at that time, however , for Mr. Puleo to maintain the drain- age pipe . This has not been done and..the pipe itself is not an propriate to :provide' the drainage nc6ded, He further added hr, Felt that additional filling had taken place over the _years which has further aggravated the problem. Mayor Levesaue visited the site over the weekend and Tony Fletcher has written a letter to the Mayor asking that the information pertinent to the problem be reviewed. However, as far as the • Minutes of Meeting--June 10 , 1982 Page 2 i Commission was concerned, there wasn't a great deal we could do. Because there is no point of reference , there is no way to deter- mine the amount of fill ,which has been placed. A Glenn Yale stated the regrets` o.f. the Commission. Unfortunately we have no jurisdiction over an area after the fact. He added the Commission is very much aware of problems such .as these and the Commission is now taking a -tough ' stand regarding ,anv filling such as has contributed to the Freeman Road problem. He stated that the Commission will lend whatever support it can to helping alleviate the problem and he urged Mr. Svlvanowicz and Mr. Paradv to keep in close contact with their Councillors to keep them abreast of the situation. Commission members will also try to visit the property themselves .to see if any other solutions can be found. There being no further ,.discussion, the Sylvanowicz ' and Paradvs were excused with the Commission' s thanks. FIORE Once again Mr. Fiore did not attend the meeting as requested. Susan will try once more to contact him and then if the matter • is not resolved, the Clerk Magistrate will be contacted. TRAIL BIKE Susan Madison has been requested to speak to Mr. Stafford re- garding this matter. He and the Clerk Magistrate will discuss how best to handle this violation. P. CLAYMAN & SONS - Upon the motion of Glenn Yale and _second of Christopher Hagger, an Order of Conditions was issued to P. _Clayman.& _Sons for construction of an outside elevator-In a flood hazard district. No special conditions were added beyond ,the assumption that the construction would be according to the_plans submitted with the Notice of Intent. It was so voted. There being no further business, a ,'inotion was made and seconded to adjourn. Having passed unanimously, the meeting was adjourned at 9135 P.M. ResRectfully submitted, Dale E. Yale , Jerk Conservation Commissi®n U �)� Salem, Massachusetts 01970 . Telephone 1617) 745-5056 IIASsNt% MINUTES OF MEETING May 13 , 1982 The Commission met at One Salem Green, Third Floor, on May 13 , 1982. Present were Christopher Hagger, David DeVoe , Alice Akatyszewski, and Philip Moran. Absent were Glenn Yale , Raymond Lavender, and Paul Willis . Vice-Chairman Philip Moran called the meeting to .order at 8: 05 p.m. SALEM STATE Dean Richard Marrs and Joe Mulligan, a Civil Engineer for the College , were present to talk about the College soccer field which abuts a wetland area. Now that the soccer field has been completed, the College has found that the field is not large enough in one corner. They wish to extend the field approximately fifteen feet back and sixty feet in length. They estimate they will be using approximately fifteen yards` of fill, The Commission questioned whether the fill would detract from the • holding capacity of the wetland area and the stability of the newly created bank . Mr. Mulligan felt the storage capacity would not be significantly affected. However, Commission mem- bers have been invited to view the soccer field and the College would be happy to tour the area with the Commission members . It was, however, the consensus of the Board to view the field in- dividually. Dean Marrs would like to submit a Notice of Intent to the Commission. There being no further questions , the gentlemen were excused with the Commission' s thanks. NEW ENGLAND POWER Mr. Ronald Boches of New England Power and Ms . Annette Lewis , an attorney for the company were present to discuss the Order of Conditions for New England Power' s construction of the stack foundation. The Commission' s concern was basically centered on the possible contamination of the soil to be excavated and the water which will be encountered during this project. Chris Hagger questioned what kind of testing New England Power felt was applicable to ascertain whether the material was con- taminated. Mr. Boches replied they are intending to use a visual and olfactory analysis. The Commission questioned the scientific • nature of this testing procedure . After much discussion, the Commission felt the following four entities should be tested: , Minutes of Meeting--May 13, 1982 Page 2 1) Total volatile hydrocarbons (unchlorinated) , 2) Toluene , • 3) Benzene , 4) Ethylbenzene . In discussing the manner of testing, it was decided that the test- ing should be done from three equidistant points within the excava- ted area at three foot depth intervals or if there is a change in the soil strata. Analytical data must be furnished to the Commis- sion within three months of the Order so that final disposition of the excavation material can be determined. Mr. Boches questioned if the excavated material was stored at or above the 100-year flood elevation or used in an area at or above the 100-yaar flood elevation, would this testing be necessary. It was the concensus of the Commission that it would not. The Commission next discussed the possibility of the water en- countered during excavation being contaminated., Mr. Boches pointed out that the Planning Board had agreed that the water encountered during excavation being pumped back to the settling tank on the site before being pumped into the ocean. The Commission questioned whether this was an adequate protection if the water was contaminated since settling tanks are designed to treat solids and the elements the Commission was concerned about were soluable . New England Power reiterated that there had been no record of a spill at this par- ticular site . The Commission pointed out that if this was true , then no extraordinary measures would be necessary to treat either • the fill or the water beyond testing. The conditions being discussed would only be brought into play if the soil or water were found to ' be contaminated. After further discussion, it was decided that an additional condi- tion be added stating that ground water shall be sampled at the location of the proposed foundation construction. If the existing ground water well at the site is to be used, it should be purged for a total of six volumes of well water before sampling. Analysis of ground water should include the followin 1)Total volatile hydrocarbons (unchlorinated) , 2) Toluene , 3� Benzene , 4) Ethyl- benzene . Analytic results must be furnished to the Comission within thirty days of this Order or prior to any de-watering at the construction site . There being no further discussion, Mr. Boches and Ms. Lewis were excused with the Commission' s thanks . MONGIELLO AND HUTCHINSON The Mongiellos were unable to attend the meeting. They will be in- vited to the next meeting on May 27. The Commission has been in- formed by Hutchinson's engineer, Mr. Malhoit , that his plans are ready to go . • L Minutes of Meeting--May-. 13, 1982 Page 3 TRAIL BIKE UPDATE Susan will be going to court regarding the Trail Bike incident on Tuesday, May 18 and will report further at our next meeting. MOOSE It was the consensus of the Commission to file a criminal complaint against the Moose Club for non-compliance of our past orders . CORRESPONDENCE A reply was received from Mr. Hardwick of the Marblehead Water Board' regarding conservation restrictions on Thompson' s Meadow. He has indicated we would be welcome at the next meeting of their Board regarding this matter. There being no further business , a motion was made to adjourn. Having passed unanimously, the vice-chairman declared the meet- ing adjourned. Respectfully submitted, • Susan Madison Clerk Pro Tem I_ S� "y = Conservation Commission • ���1 u Salem, Massachusetts 01970 `- Telephone 16171745-5056 MINUTES OF MEETING May 27 , 1982 The Commissionmetat One Salem Green, Third Floor, on May 27, 1982 . Present were Christopher Hagger, Glenn Yale , Raymond La- vender, Philip Moran, and Alice Akatyszewski. Absent were David DeVoe and Paul Willis . Vice-Chairman Philip Moran called the meeting to order at 8:05 p.m. .PUBLIC HEARING--P. CLAYMAN AND SONS Mr. Peter Ogrin from Hayes Engineering and Mr. John Lutz from Connelly Brothers Construction were present to answer questions regarding the proposal of P . Clayman and Sons to construct an outside elevator at 29 Goodhue Street. A public hearing is necessary under the Wetlands Protection Act because the area is below the one-hundred-year flood level. Mr. Ogrin showed the Board a copy of the plan they propose. It will be a hydraulic elevator. All control equipment for the elevator will be above the 100 year flood. The existing ele- vator within the structure has been condemned by the State and • -the company has been ordered to construct a new elevator.; Glenn Yale asked if any excavating would be done . Mr. Ogrin replied in. the affirmative . They will go down approximately thirty feet for the cylinders and a sump. However, no electrical equipment will be at that level. Christopher Hagger asked how much excavating around the site will be done . Mr . Ogrin-estimated it would be approximately twenty square feet around the site . Mr. Hagger asked how far down they plan to dig. Mr. Ogrin replied it would be four to five feet. Chris Hagger expressed some concern about hitting water at that level. . Mr. Ogrin agreed, but stated they plan to do no substantial de-watering. Glenn Yale asked where the excavated material will be stored. Mr. Lutz said it will be either hauled off site--legally disposed of-- or used an another area of the construction. There being no further questions from the Commission and none from the audience , Raymond Lavender moved to close the public hearing. The motion was seconded by Glenn Yale . The Vice- Chairman declared the hearing closed at 8:15 p.m. The gentlemen were excused withthe Commission's thanks. t Minutes of Meeting--May 27, 1982 Page 2 0 • SALEM STATE SOCCER FIELD Dean Marrs and Mr. Mulligan, an Engineer with the College were present to answer questions from the Commission. Dean Marrs gave a brief description of the problem they have encountered with their soc- cer field and their desire to fill from the culvert four feet in width and fifty feet- in length and straighten the fence which exists on the property. This would al—l -w the players to have room to slap out of bounds and perhaps allow some room for construction of bleachers. Christopher Hagger asked about their original permit for the work done to construct the field. Mr. Mulligan replied •'it was a Determination and they came in primarily because of the culvert. They added that the only filling they did was on the one corner they now wish to fill further. Chris Hagger asked if any calculations have been done regarding the loss of storage volume on the wetland area. He feels the storage capacity of the wetland is already severely diminished and further filling would make the problem worse . Dean Marrs stated he had not been aware of any problems. He furt added he never felt it was a big problem. • Both Glenn Yale and Chris Hagger expressed concern for the storage capacity of the wetland area. It has- already been reduced so much. Glenn Yale felt we would be setting a dangerous precedent by issuing a Determination without proper studies , topos etc. He felt the Commission should have an outline of their pyoposed plan, a drainage study, etc. , then the Commission can act accordingly. This information will be provided by Salem State. There being no further questions , the gentlemen were excused with the Commission' s thanks. INTERVALE PARKING LOT Ms. Paula Wall, 5 Cedar Hill Road, was present to discuss this situation with the Commission. Mr. Moran stated he had received a call from Councillor Nutting regarding the problem in the Intervale Road parking lot for the Conservation Area. Mr. Moran inspected the area and agreed there was indeed a problem with van- dalism, drinking , parties , etc . He agreed this parking lot should be closed. Clean fill from Salem Common will be put there to ef- fectively seal off that entrance to the Conservation Area. Ms . Wall was satisfied with this action. All expressed regret that this action had to be taken. Susan Madison felt the fill would be put there within the next two weeks . .f Minutes of Meeting--May 27, 1982 Page 3 • SALEM HOSPITAL Mr. John Serafini, together with a representative of Salem Hospital, were present to answer questions regarding the intention of the Hospital to extend their parking lot off Colby Street. They intend to file a Notice of Intent regarding this proposal. Two neighbors , Mr. Levesque and Mr. Leta..-do of Hlside Avenue were also present and expressed some concerns as to the filling of the pond at the site . There is already extensive flooding on Greenway Road and further tampering with the pond will just lead to further problems . Mr. Moran suggested all the parties involved retire to another area to sort out their problems, then come back at the end of the meet- ing to discuss this issue further. MONGIELLO AND HUTCHINSON Mr. George Haddad from Essex Survey was present to substitute for Mr. Mailhoit who was ill. He felt he could answer general questions regarding the drainage problems , but could not go into specifics. Mr. Buongiorno , representing the Mongiello family, asked several questions to which Mr. Haddad could not provide specific answers•. It was decided that this matter would have to be postponed further until Mr. Mailhoit was available . • The gentlemen were excused with the Commission' s thanks , TRAIL BIKE Mr. Jeffrey was not present as requested, so the Clerk of Courts will be notified. FIORE Mr. Fiore was not present as requested, so the Clerk of Courts will be notikied. MOOSE CLUB The hearing for this violation will be on June 11, 1982, at 10:15 a.m. MARBLEHEAD WATER COMMISSION MEETING A representative of our Commission will try to attend the next meeting of the Marblehead Water Commission regarding restrictions on Thompson' s Meadow. NEW BUSINESS • Upon the motion of Raymond Lavender and second of Alice Akatyszewski Philip Moran was elected Chairman of the Commission. It was so voted. Upon the motion of Chris Hagger and second of Raymond Lavender Glenn Yale was elected Vice-Chairman. It was so voted. rY i Minutes of Meeting--May 27 , 1982 Page 4 Outgoing Chairman Raymond Lavender was warmly thanked by the Com- mission for the fine job he has done and the dedication he showed to the Commission. There being no further business, a motion was made to. adjourn. Having passed unanimously, the meeting was declared adjourned at 9105 p.m. Respectfully submitted, Dale E. Yale Clerk • Conservation Commission y. x Salem, Massachusetts 01970 'F Telephone (617) 745-5056 MINUTES OF MEETING June 24, 1982 The Commission met at One Salem Green, Third Floor, on June 24, 1982. Present were David DeVoe , Raymond Lavender, Christopher ; Hagger, Paul Willis, Alice Akatyszewski, and Glenn Yale. Philip Moran was absent. Vice-Chairman Glenn Yale called the meeting to order at 8:08 p.m. Upon the motion of David DeVoe and second of Raymond Lavender,. the minutes of May 13, May 27, and June 10 were approved with the June 10 minutes being amended to include the signing of the Order of Conditions for P. Clayman & Sons. It was so voted._ 96 HIGHLAND AVENUE This property had been inspected by the Commission members and there were two problems to be discussed this evening. The first was the excavation being done there and the storage of the fill on the embankment of the brook , and the second was the desire of the owners to construct an addition to their service station y . which would encroach on the buffer zone . The owners, Mr. and Mrs. Ronald Gauthier were present to discuss the situation. Mr. Gauthier had expressed some concerns as to the drainage problems on his property to the City Engineer. Upon excavation to check the culvert, it was found no culvert existed, only a french drain and large head wALl. The fill from the excavation is now being stored on the embankment of the brook abutting Mr. Gauthier' s property to avoid potential safety problems on Highland Avenue and Almeda Road. Mr. Gauthier felt at present the water was be- ing handled well, but to insure that no future problems arise it was suggested by Mr. Mackey that debris be cleaned out. of the drain and a pipe be placed. He felt that while the proper equp- ment was on site it would be a good idea. Mr. Gauthier agreed this was a good idea, realized a permit was needed, but assumed it was an extension of the City's work . Susan Madison stated that Mr. Mackey' s suggestion was denied be- cause there was no permit, but if the Gauthiers wished to extend the pipe at their own expense , they could come in for a permit. Mr. Gauthier felt he would address that problem at a later date and perhaps include some filling at that time as well. Chris Hagger asked about the status of the fill on the property. Mr. Gauthier stated it would be moved as soon as the City work was completed. Chris Hagger asked how long this would take and • Mr. Gauthier replied he had no idea. Glenn Yale questioned Mr. Gauthier's plan for the area. Mr. Gauthier replied he wished to extend the pipe and level off the land by filling. Glenn Yale stated that alLything further done on the site would require complete plans. Paul Willis added that an engineering survey needed to be done . Minutes of Meeting--June 24, 1982 Page 2 Mr. Gauthier stated he had been advised by Mr. Fletcher to wait until the City had completed their work and knew where they were going on this matter. Mr. Gauthier, however, would like to address the matter of putting an addition on his service station which will encroach on the buffer zone . David DeVoe stated that a Determination would be in order in this matter. He also felt that a proviso should be added to the De- termination that the fill be removed by August 1, 1982. This was put in the form of a motion by Chris Hagger and seconded by Raymond Lavender. It was so voted. There being no further questions of the Gauthiers, they were ex- cused with the Commission's thanks. MOOSE LODGE Members of the Commission have inspected the area again and some of the fill has indeed been moved, but not from the lip of the em- bankment. David DeVoe added that some fill had actually spilled over into the brook. A letter will be sent to the Lodge acknowledging their progress and expressing our hope that removal will soon be completed, stressing the lip area which is so sensitive. Mem- bers of the Commission will be available for consultation if the Lodge so desires. FIORE Mr. Fiore's case will be discussed between the C1erk. Magistrate and City Solicitor Stafford. Paul Willis pointed out that both civil and criminal action can be taken here and we can have the work on Fiore's property performed ourselves and force Mr. Fiore to pay. HUTCHINSON AND MONGIELLO A plan has been submitted to address the problem on these properties and all concerned parties will study the plan and come in to the next meeting for discussion. SILENT SHIPS Mr. Richard Mailhoit and Mr. Gifford Russell were present to request a year's extension on the Order of Conditions , DEQE # 64-66. They are still in the process of getting the necessary permits from the State and Federal governments. They further need a letter from the Commission stating that Items 2 and 3 on the Order have been completed to the Commission's satisfaction. Once all necessary permits have been obtained, the work should be completed in approx- imately one year's time . • David DeVoe gave a brief background of the proposal and upon mo- tion of Paul Willis and second of Alice Akatyszewski, a letter i s Minutes of Meeting--June 24, 1982 Page 3 • will be sent extending the Order of Conditions for one year and stating that Items 2 and 3 were completed to the Commission' s satisfaction. It was so voted. There being no further discussion, the gentlemen were excused with the Commiasion's thanks: OLD BUSINESS Glenn Yale had finally contacted Mr. Madeiros of District Five regarding- the cleaning of the culvert affecting Charles Fox' property off Highland Avenue . Mr. Madeiros will have an answer by July 6. Mr. Fox has been informed of this and was pleased that the matter is being addressed. Chris Hagger will contact Ronald Boches of New England Power re- garding their materials analysis. The first target date is upon US. Chris Hagger will also contact DEQE reagarding the analysis of the samples taken on the Mongiello property. There being no further business , a motion was made and seconded to adjourn. Having passed unanimously, the meeting was adjourned at 9:25 p. m. Respectfully submitted, ,&�, C qb, Dale E. Yale Clerk • ,. t0N CoA,.1 Conservation Commission 7.G Salem, Massachusetts 01970 Telephone (617) 745-5056 n�,tss�� MINUTES OF MEETING July 8 , 1982 The Commission met at One Salem Green, Third Floor, on July 8 , 1982 . Present were Philip Moran, David DeVoe, Raymond Lavender, .Christopher Hagger, and Paul Willis . Glenn Yale and Alice Akatv- szewski were absent. Chairman Philip Moran called the meeting to order at 8 : 05 P.m. PUBLIC HEARING--PAUL LABRIE The Salem Conservation Commission held a public hearing relative to the construction of a sea wall at 30 Belleau Road. The owner, Mr. LaBrie explained that he had recently purchased the property from Mr. Chester Kohn and he noe wishes to construct a sea wall T I level with the wall now exisiting on the remaining Kohn property. Mr. LaBrie pointed out that the bank is eroding six inches to a foot every year. He proposes to fill to the wood pilings marking the original wall . The amount of area to be filled is approximately • 60 x 23; x 15 feet. In response to a Question from the Commission . regarding the footings , Mr. LaBrie stated that the dredging for the placement of the footings would be 'from the landward side. He also stated that the wall would be connected to the existing wall be means of interlocking stones. The Commission requested that Mr. LaBrie submit overturn calculations by the next meeting. Attorney Edward London, 34 Central Street, Lowell, was present repre- senting his client, Mr. Carl DeCotis, Hemenway Road. Attorney London expressed concern for the impact of the fill on what he feels is a salt marsh. He also stated that it was his opinion that the plans submitted lacked detail . He further Questioned whether a MEPA review would be in order. Philip Moran stated that he was concerned with the amount of land lost in the continuing erosion of the area. He also stated that the issue before the Commission is quite similar to the previous filing by Mr. DeCotis for a sea wall . He noted that the Commission had granted Mr. DeCotis permission for additional fill and sea wall; Attorney London replied that a wood wall was already existing on Mr. DeCotis' property, so in effect Mr. DeCotis was repairing his wall , where in Mr. LaBrie ' s case , he was actually_ building_ a new one. Minutes of Meeting--July 8 , 1982 Page 2 • Mr. DeCotis then expressed concern that the additional filling that Mr. LaBrie was proposing would eliminate a valuable water storage area which coulc cause flooding. The Commission pointed out that 15. 36 meal low water was the height of the 100 year flood and that the proposed wall as well as other walls in the immediate area were above this level. Mr. LaBrie stated that he had originally applied for this permit in 1977 . At that time the boards from the original wall still existed. Now, however, only some of the pilings remain. He also stated that Mr. Kohn' s wall is buckling and that by connecting a new wall to Mr. Kohn' s, it will serve to buttress the present wall. Attorney London assured the neighbors present that he felt sure Mr. LaBrie ' s wall would be propertly constructed and would be safe, however he definitely felt that there was an absence of necessary information. He did not feel that the Commission was being apprised of the true impact of the construction. He asked that the hearing be continued until members of the Commission could go out and view the site again. Raymond Lavender moved that the hearing be continued until the • next regular meeting of the Commission. The motion fails for want of a second. David DeVoe moved that the hearing be closed. Second by Christopher Hagger. It was so voted (4 in favor, 1 voting Present) . The Chairman declared the hearing closed at 8 : 45 p.m. Mr. LaBrie and the others present for the hearing were informed that the Commission would be voting on the Order of Conditions at their next meeting. There being no further discussion, all concerned were excused with the Commission' s thanks. POPE--BRIDGE STREET The Salem Conservation Commission held a public hearing relative to the construction of an elevator at F. W. Webb Co. , 295 Bridge Street. Edward Welch, General Manager of Webb was present to explain what was intended. Also present was Roger Bresnahan of Zampbell Construction, Beverly. They explained to the Commission that they planned to replace an elevator which no longer met the state safety standards. They pointed but that all the machinery would be located above the 100 year flood elevation. The Commission had no questions and upon the motion of David • DeVoe and second of Chris Hagger, the hearing was closed at 9 : 05 p.m. The Order of Conditions for this project will be written at the next meeting. Minutes of Meeting--July 8 , 1982 Page 3 • There being no further discussion, the gentlemen were excused with the Commission' s thanks. OLD BUSINESS Chris Hagger noted for the record that the soil and water tests have been satisfactorily completed by NEPCO. The amount of con- taminated material was within acceptable limits. The Commission requested that Richard Stafford be asked for an update regarding Ferris ' Junkyard. The Commission would be willing to join the suit if the Solicitor thought it would be helpful to the case. Philip Moran expressed his continuing concern over the shooting that takes place on Jeggle Island. He pointed out that there are at least fifteen species of ducks that have been sighted on the Island. The Commission discussed the possibility of some environmental group such as the Massachusetts Audubon Society being contacted in the hope that they would provide some protection to the Island. Susan Madison was asked to contact the City Engineer to request a sign stating, "Posted, No Hunting" to be placed • on the Island. There being no further business , a motion was made and seconded to adjourn. Having passed unanimously, the Chairman-!declared the meeting adjourned at 9 : 35 p. m. Respectfully submitted, Susan Madison Clerk, Pro Tem \UN C0X11/ Conservation Commissi®n V Salem, Massachusetts 01970 Telephone (617) 745-5056 1j.yASSNl��`, MINUTES OF MEETING July 22, 1982 The Commission met at One Salem Green, Third Floor, on July 22, 1982. Present were Raymond Lavender, Glenn Yale , Philip Moran, and Paul Willis . Christopher Hagger, Alice Akatyszewski, and David DeVoe were absent. The meeting was called to order at 8:15 p.m. PAUL LABRIE Mrs. LaBrie was present, together with a representative of the Osgood Park Association. The overturn calculations submitted to the Commission as requested were found to be adequate. Upon the motion of Raymond Lavender and second of Glenn Yale, the Order of Conditions for the LaBries was approved as drafted. It was so voted. • There being no further business, the guests were excused with the -_Commission's thanks. POPE--BRIDGE STREET Upon the motion of Glenn Yale and second of Raymond Lavender, the Order of Conditions for the elevator to be constructed at 295 Bridge Street was approved as drafted. It was so voted. There being no further business, a motion was made and seconded to adjourn. Having passed unanimously, the meeting was adjourned at 9:15p, m. 7Res ectfully submitted, � 9. cj�& Dale E. Yalet Clerk k-Aonservation Commissim r' Salmi. Diassachusetts 01970 • , a MINUTES OF MEETING December 9, 1982 The Commission met at One Salem Green, Second Floor, on December 9, 1982. Present were Raymond Lavender, Richard Femino , Christopher Hagger, Alice Akatyszewski, Glenn Yale , Associate Member James MacDowell, and Conservation Aide Susan Madison. Paul Willis and Philip Moragi were absent. Vice-chairman Glenn Yale called the meeting to order at 8:04 p.m. 96 HIGHLAND AVENUE Mr. Ronald Gauthier, owner of the Sunoco Station at 96 Highland Avenue , was present to discuss the problem of the removal of . fill being stored on the embankment on his property. The Commission had requested that the fill be removed by August 1, then had given Mr. Gauthier an additional three weeks to remove the fill. As of this date , the fill has not been removed, • Mr. Gauthier gave some background of the problem: The City was doing some work abutting the property, they were storing the fill removed behind his station. The fill has remained since . Part of the fill was intended to be used for an addition to his station and to help correct some water problems Mr. Gauthier was having. However, Mr . Gauthier was requested to bring the fill back away from the culvert. This has .not been done .,' Mr.- Gauthier finds he cannot drive around his building, so now he "wishes to fill in part of the swail so he can drive around his station. He noted that there was "very little water" in the swail, so he feels the impact would be insignificant. Glenn Yale stated that if it is Mr. Gauthier's intention to fill in order to provide a driveway around his building, a Notice of Intent would be required. Mr. Gauthier felt that doing engineering drawings, etc. for the amount of water and size of the area in ques- tion was basically a waste of time' and money. Susan Madison commented that when this matter was originally discussed with Tony Fletcher and Mr. Gauthier, a Notice of Intent was being. planned. Glenn Yale read the minutes of June 24, 1982 , which addressed this issue . The understanding then was the fill would be removed upon completion of the City' s work. Chris Hagger added that it seemed • clear what the procedure should be ; perhaps it was not clear to Mr. Gauthier? Mr. Gauthier replied that the amount of fill in question is minimal. Chris Hagger asked how Mr. Gauthier could be sure . Mr. Gauthier again stated that the amount of water is " just a trickle" and there was no potential of flood conditions. w,. Minutes of Meeting--December 9, 1982 Page 2 • Glenn Yale noted that the concern was for further encroachment on the culvert. Mr . Gauthier reiterated his desire for a driveway around his station. He added that he had no control over the pipe work which the City did, he lost property, etc. , so he felt he should not have to bear the burden of this problem. Susan Madison clarified the situation. She felt there were two points to consider: The City Engineer had authorized Mr. Mackey to work in the area to try to relieve the water problems on Mr. Gauthier' s property. If any further filling was to be done , a Notice of Intent must be filed and an engineer be hired. Mr. Gauthier stated that someday he would like to do more filling. Susan Madison said this was fine , as long as proper procedure was followed. Chris Hagger added that there is a procedure which must be followed, it was really not a complicated process . Mr. Gauthier suggested that the area be inspected again. Once the Commission sees the amount of water and size of the swail in question, it can readily be seen there is little problem. Susan Madison commented that there are other water problems in the neighborhood. Chris Hagger added that a study really needed to be done . Mr. Gauthier said he just wanted his business to be able • to function efficiently. Glenn Yale stated there are laws and procedures by which the Commission must abide. The Commission will come out and inspect the area again, but he cautioned Mr. Gauthier to be aware that he is in violation of past. requests made by the Commission and no more filling is to .be done . Susan Madison will discuss the matter further with Tony Fletcher and and appointment will be set up after the first of the year with Mr. Gauthier to inspect the property. There being no further discussion on this matter, Mr. Gauthier was excused with the Commission' s thanks. SALEM STATE Dean Marrs of Salem State College was present to address the issue of a parking lot abutting a wetland area. He read a prepared statement to the Commission (attached hereto and made a part hereof_) and gave an overview of the plan. They wish to take an area which runs from the existing fence behind their soccer field to a three- car garage on Charles Street, clear the area, level it, and create a Lynn-pak parking area. They are trying to use an area which would have the least impact on the neighbors , etc. Councillor John Nutting was present to address the Commission. Since the last meeting of the Commission (at which time he spoke in favor • of this proposal) Councillor Nutting has received numerous phone calls from constituents expressing concern for this proposal. In light of this fact, he feels he must withdraw his support for this Minutes of Meeting--December 9, 1982 Page 3 • proposal. Concerns were expressed by the neighbors regarding drainage , etc. John Wood, President o'.� the Student Government Assocition at the college spoke in favor of the proposal. He noted that 4000 students will be directly affected by the resident parking sticker plan and when this ordinance was formulated, no consideration was given to the college. Now that the college is taking steps to alleviate the problem, they are being thwarted. They want to work with the community to provide the best possible solution. Mr. Joseph Mulligan, engineer for the project, stated there are really two possiblities: one is to provide a lot for twenty-two cars and leave the wetland area alone , the second is to fill in the wetland area and provide space for thirty cars. Richard Femino asked if Salem State would salt the area during the winter. Mr. Mulligan replied that they would only plow. Chris Hagger commented that if no filling was done of the wetland area, the flooding problems in the area would not be changed at all. Susan Madison said that a Mr. Ladd of 50 Charles Street, had called • her office expressing concern for the proposal. After she explained that there were actually two proposals--one for filling the area and providing compensating storage somewhere else; the other for providing space for twenty-two cars and not touching the wetland at all. Once he heard this , he had no objection to the proposal, Robert Bonin of 22 Charles Street spoke in opposition to the proposal. He felt the concensus of the neighborhood was that they were opposed. He has lived in his house for eight years and when he moved in, there was no water problem, now there is . Tim Gray, a member of the Board of Trustees of Salem State and a resident of Charles Street was offended by Mr. Bonin's remarks. His property is the lowest on the 'dtreet and there is minimal water problem--a pump handles the situation well. The proposed parking space would handle three hundred students per week. It will have no serious impact on the water problem and will clean up an area which is now an eyesore to the neighborhood. Councillor Nutting commented that there were numerous water problems in the area; i.e . the Donut >Ring, which has just lifted their park- ing lot by six inches . Richard Femino felt we had an obligation to the City to make sure a parking lot was designed that would provide no further drainage problems . • Glenn Yale asked if the College would entertain the idea of level- ing the area, not filling whatever, putting in some type of boundary and getting what parking they could with no encroachment of the wet- land area. Minutes of Meeting--December 9, 1982 Page 4 • Jim MacDowell suggested ,the College stake out the area they propose and then the Commission will inspect. There is to be no encroach- ment of the wetland, no paving, and perhaps bollards could be used as a boundary for esthetics. This would insure that no further drainage problems would be createdl ,in the neighborhood. Glenn Yale further suggested that cleaning up of the debris in the area be included. A Determination including these conditions: Staking out of area, Lynn-pak surface--not bituminous , clean-up of debris , and bollards creating the boundary will be issued following an in- spection of the area. Dean Marrs will notify Susan Madison once the staking has been done . Further, a letter will be sent to the abuttors describing this proposal so they .will be assured that no further drainage problems will be created. Richard Femino will be the Conservation Commission liason to this project. Both Richard Femino and Chris Hagger added that they felt that any snow to be plowed should be plowed toward the street side and also ,no snow is to be placed in the culvert. Further, the slope of the grade should be towards the road. ` MOOSE LANDFILL It was decided that once a new hearing date is set by the Board of Health to deal with the proposed landfill on the Moose property, representatives from the Mt . Tom Citizens Advisory Group which has • dealt: with a similar problem should be invited to testify. CLAYMAN In light of the recent problems noted in the North River, Mr. Clay- man who owns property abutting the river;;;was asked to attend this evening' s meeting to address his property' s possible contribution to contamination of the river. Mr. Clayman opened his remarks by stating that he has a great deal of concern for the waterways of the Commonwealth. He further has some training in this area. He would definitely not allow his company to harm any waterway. At his company at 63 Grove Street, laminating of recycled materials is done. A latex water-base adhesive is used in this process. It is the same material once used in chewing gum; it is FDA approved. The only other element used in this material is rosin--from gene trees , plus trace amounts of ammonia. At the end of the working day (3130 p.m. ) this adhesive is poured into containers, then the trays and rolls used in the process are washed using fifty gallons , of water. The amount of actual cement left behind is highly diluted and has been dispersed into the river. The furor began with the red material which was originating from 28 Goodhue Street--one of Clayman's tenants . • Chris Hagger noted that every Friday on a regular basis , the canal is white. Mr. Clayman felt this , and the other colors seen in the canal from time to time , .was from the tanneries. His company has Minutes of Meeting--December 9, 1982 Page 5 • never done anything furtively. Mr. Clayman brought along a sample of what is actually dispersed in the river. Glenn Yale commented that there is always a white sticky substance on the bottom of the canal and added that many abuttors of the river are dumping there . Chris Hagger felt the white substance could also be an acid precipitate . Mr. Clayman acknowledged that there are several of his tenants who could have an impact on the river. Glenn Yale asked if there was anything else from Mr. Clayman' s own operation going into the river. Mr . Clayman replied in the negative . Mr. Clayman plans to have SESD and DEQE visit his plant. Originally, at the suggestion of SESD , he was going to plumb into the City sewer line. However, the City Engineer felt this was unacceptable , so Mr. Clayman has now built a pilot pre-treatment system and a sample will be sent to SESD to see if it now would be acceptable to the City sewer system. Glenn Yale felt that from a public perception this was a good way to go. Chris Hagger suggested that an effort be made to get all the people in that neighborhood to try to alleviate the problem collectively. Mr. Clayman felt this was a fine idea; however, he personally felt the river was beyond saving. • There being no further discussion, Mr. Clayman was excused with the Commission's thanks. HIGHLAND REALTY--BURGER KING Glenn Yale gave a brief background of this problem. It seems in the construction of the new Burger King on Highland Avenue , the fill removed from the site was dumped into the wetland. The storage area has been completely dead-ended. A Cease and Desist was served to both the contractor, Franklin of Lynn, and Highland Realty Trust. However, if the Building Inspector issues a building permit for the actual structure , a Cease and Desist can be issued to Burger King as well. Upon motion made by Chris Hagger and seconded by Raymond Lavender, a vote of confidence in this action was made . It was so voted. OLD BUSINESS Upon the motion of Chris Hagger and second of Richard Femino , a Certificate of Compliance for the chimney foundation portion of work being done at New England Power Company was approved. It was so voted. It was noted that the debris behind the Lazarakis Painting Company has now been completely cleaned up. • Mr. DeCotis will be attending our January 13 , 1983 meeting with engineering drawings and a revised plan showing as-built drawings of his ramp and also showing dimensions as to saltmarsh damage . Minutes of Meeting--December 9, 1982 Page 6 • There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was declared adjourned at 10:s17 p.m. Respectfully submitted, Ja,-,LC , y Dale E . Yale Clerk • • • STATEMENT PREPARED FOR SALEM CONSERVATION COMMISSION The College proposal to use a portion of the formerly Day Avenue land owned by the State for parking is a direct result of the recently passed Resident Parking Ordinance. As the result of this Ordinance, the College is attempting to respond by examining every available alternative to help provide additional parking on campus property. One of those alternatives involves the Day Avenue property. The Ward 7 Councillor, John Nutting, has appeared before the Commission to speak in favor of this proposal. The Commission posed the question whether the College would give its committment that no additional use of the Day Avenue area would be submitted in the future. President Amsler does not feel that such a committment is appropriate since he cannot commit the College's future policy given changes in College leadership, College needs and community needs. Mr. Marrs, representing the College before the Commission, reminds the members of the Conservation Commission that the sole purpose in the College requesting that a portion of Day Avenue be used for student parking is in direct response to the Salem City Council Resident Parking Ordinance. This proposal is one of the several ways the College is attempting to allieviate student parking on public streets. While by itself it only provides for up to thirty spaces, it nevertheless is one specific and concrete response to help toward a total solution and can be quickly and easily accomplished. • The College administration and student leadership is attempting to find a number of alternatives to contribute toward easing the parking problem. It hopes that its good- faith efforts will be recognized and supported by the City Council, residents and the Conservation Commission. The College also feels that while no plans now exist for the construction of any structures on the Day Avenue property, and none are now envisioned (The administration feels construction would be economically and environ- mentally unfeasible), f uture parking plans for surface parking must remain open for future consideration to meet whatever the changing needs of the community dictate or as may be determined by future city ordinances, etc. Also, anyfuture plans affect- ing the Day Avenue area would necessarily come before the Salem Conservation Commission for approval at that time: It is the hope of the College community that this proposal will be determined to be in the best interest of both the College and the Salem community since it is a direct response to the Resident Parking Ordinance passed by the City Council, and that a determination may be granted to allow use of a portion of this land for parking. Distributed to Salem Conservation Commission by R. P. Marrs at Conservation Commission meeting held December 9, 1982. r. e au £861 0 g AA� } Z 1 a' r � • t �DWM6� Lritil of Salem, mmiar4lifiPtto 43epartmenl of Publir Morks (One E mlem (Green ANTHONY V. FLETCHER, R.P.E. WILLIAM F. HAIGHT. JR. DIRECTOR OF PUBLIC SERVICES ASSISTANT DIRECTOR OF PUBLIC SERVICES CITY ENGINEER January .20, 1983 TO: CONSERVATION COMMISSION FROM: A. V. FLETCHER SUBJECT: SUNOCO STATION, HIGHLAND AVENUE/GAUTHIER Your meeting minutes of 9 December 1982: Remedial drainage work was done at the Highland Avenue/Almeda Street drain specifically • at the request of Mr. Gauthier, who complained of excess ponding and excessive run-off from the Colby Street area. This Department researched the entire drainage pattern for this area in response to the original Gauthier complaint, construction of a proposed parking lot on the South side of Colby Street, and a medical building on the North side of Colby Street. It was determined that a natural water way has existed here since the settlement of Salem. The present culvert, enlarged and rebuilt by the State in 1962, is the receptor for several hundred acres - an area North of Colby, West of Highland Avenue, (including approximately 700 L.F. of Highland Avenue) , South of Colby Street and Almeda Street, and acts as an overflow for the Colby Street pond area. This waterway must be maintained. Obviously, the amount of water this swale handles varies with season and rainfall , therefore what water might exist at any one time cannot be considered as annual or total runoff. Mr. Gauthier did not "lose" any of his property. Prior to construction, the swale was over grown with second -growth, bushes and weeds and some three to four feet of washed out fines. This material , at his request, was given to Mr. Gauthier, and placed in an area North of the swale, for his use in accommodating grade changes to improve his pro- perty. This department has no intention of piping the swale, and Mr. Gauthier has been advised that he must file and present plans before any consideration can be given to his proposal . He was also advised that he would be liable for all maintenance on any proposed drainage system. Since I have reviewed this property three times in the past three years, I see no • reason to make another review. Conservation col-'a".11�is Sion Sa.lain, Massachusetts (11970 'Telephone (61.71 7455056 MINUTES OF MEETING October 14 ; , 19.82 The Commission met at One Salem Green, Second Floor on October 14 , 1982 . Present were Ravmond Lavender, Christopher Hagger, Paul Willis , Alice Akatyszewski , and Glenn Yale. Philip Moran was absent. Vice-chairman Glenn Yale called the meeting to order at 8 : 02 p.m. BURSAW OIL--PUBLIC HEARING Mr. Bill Bursaw and Mr. Bill Patch, an engineer, were present to discuss the replacement of 1 2 ,000 gallon tank and 2 3000 gallon tanks at 200-208 Canal Street. The site is in a flood hazard district. Thev wish to install four 10 ,000 gallon tanks on the site. The Fire Department has approved the plan and it is on file with the Citv Clerk. . Glenn Yale asked about the buovance calculations . There was some question as to the safety factor. Mr. Patch replied that the calculations came out to be 1. 79 , so thev called it 1 .5 to be on the most conservative side. He further added that with the tank completely submerged, evervthing still was within the, safety limits . Further assurances were made by Mr. Patch regarding the instal- lation 'of the tanks in a proper manner to avoid anv spills . Captain Goggin of the Fire Department had approved all plans . Upon the motion of Paul Willis and second of Ravmond Lavender, the Order of Conditions referencing the plan 4190-191, including the uplift calculations was approved. It was so voted. There being no further discussion, the gentlemen were excused with the Commission' s thanks and the vice-chairman declared this publici hearing closed. 'SALEM HOSPITAL--PUBLIC HEARING Mr. Charles Hincman and Mr. Ken Thompson of Salem Hospital were present to discuss the possibility of constructing a 28-car parking lot behind the Davenport building at the hospital. The area is a wetland and would rea_ uire some filling, .in the buffer zone. Minutes of fleeting--October 14 , 1982 Page 2 ' Paul Willis asked what the grade was . Mr. Hincman replied that it was 30 ' at the lowest point. Chris Hagger noted the plan called for drainage directly into the wetland. Mr. Hincman replied in the affirmative . Chris Hagger asked about the possiblity and location of storm drains and Mr. Hincman replied there were none planned to his knowledge. Paul Willis observed that therefore all road salt, grease, oil,, etc. would drain into the wetland. Mr. Hincman understood the Commission ' s concern and suggested that MDC gas traps could be installed to trap the oil and grease . Thev would then be periodically cleaned by the Hospital and maintained . He added that the Hospital was interested in doing the right thing. - '- Paul Willis felt he was not ready to approve this plan this evening. He felt it deserved further study and inspection of the site by all the Commissioners . Glenn Yale also questioned the other area where fill is being stored on the bank. Mr. Hincman felt this was on Shaughnessey property, not Salem Hospital ' s . This will be checked upon further. Mr. Thompson will have further calculations and location of all storm drains on the Hospital property. Upon the motion of Paul Willis and second of Alice Akatvszewski , the public hearing will be continued until October 28 , 1982 . It was so voted. FOREST RIVER LANDFILL D LL Mr. Tom Neve of Neve Associates in Tonsfield was present to discuss the possibility of constructing a sanitary landfill behind the Moose Lodge on 5 . 4 acres of land. Thev propose to use no refuse, no flammables , only inert matter. Thev will fill under the reauirements of Chapter 111, Section 150 A of. the State statutes. They wish to fill to such an elevation as to make optimum use of the property. Mr. Neve then gave an overview of his aualifications for the construction of a proper landfill. He then further stated they plan to fill to the level of the road, there will be no mounds--a flat approach to the property and slope down to the existing grade. They will also extend the existing culvert and install a manhole at the end of the existing headwall and turn toward the direction of the flow. Thev will install a new headwall at the toe of the proposed slope. There will be no land fill around the culvert, the culvert will be placed in clean fill andlinerwill be installed over the fill per DEQE requirements . The liner will be made of impervious material Minutes of Meeting--October 14 , 1982 Page 3 • such as polyethylene or a butyl type ,of liner--or it could be a natural material such as clay. The purpose of the liner is to encapsulate the fill to avoid run-off. Glenn Yale asked what the anticipated total volume of the fill would be. Mr. Neve replied he anticipated approximately 100 , 000 cu. yds. of landfill. Glenn Yale asked how long it would take to fill the area. Mr. Neve estimates it would take approximately two - three years. Chris Hagger asked what material exactly they are considering for the landfill. Mr. Neve replied they were planning the safest tvpe--non-polluting, non-toxic. No decomposable substances will be accepted. When pressed to be more specific, Mr. Neve stated that the fill he anticipates would be municipal ash, fly ash, bottom ash, wood ash, coal ash, demolition materials, i . e. bricks, excavating materials, debris from fires. No wood would be accepted. Glenn Yale asked who would supervise the management of this land- fill. Mr. Neve introduced Mr. Joseph Falzone of Special Soils Company of Beverlv Farms who has been contracted to supervise the landfill. Chris Hagger asked what material would be used to cover the • landfill. Mr. Neve replied they anticipate using daily cover of clean fill that will be purchased. Glenn Yale asked if they have negotiated with NEPCO to use their coal ash or if they plan to in the future . Mr. Falzone and Mr. Neve allowed that they had talked "informally. " However, they have several other sources of supply. Glenn Yale asked if they plan to use fly ash or bottom ash for cover. Mr. Neve replied in the negative. Chris Hagger asked what slope was anticipated. Mr. Neve replied it would be between 1: 1 and 3:1--it is not definitely designed as yet. Glenn Yale stated he wished to make Mr. Neve and Mr. Falzone aware that this area had a direct impact on the Forest River Conservation Area and Thompson' s Meadow. 4 Mr. Neve stated they propose�lto fill a section of "static'! wet- land. The wetland area on the southwest portion is a "dead end finger. " Therefore, the impact is not significant. The section thev intend to fell near the head wall is a small stream bed. They will maintain it by extending the culvert. Susan Madison observed that the flow would be intensified once the culvert which runs under Highland Avenue is cleaned. She • further asked what technique for maintenance would be used. • Minutes of Meeting--October 14 , 1982 Page 4 • Mr. Neve replied that high pressure hoses would be used to clean the culvert as opposed to using the manhole. Susan Madison asked what provisions would be made to address the run off problem near the transfer station. Mr. Neve replied that a new headwall would be constructed at the toe of the slope. Chris Hagger asked what the height from the bottom of the toe to the top of the proposed landfill would be. Mr. Neve replied it would be in the area of 45 ' in height at the highest point. There being no further questions at this time, Mr. Neve stated that they are now planning to obtain a site assignment from the Board of Health which is conditional upon the comments of the Conservation Commission. They will then come in for a Notice of Intent. His intent this evening was to inform us of their proposal and exchange ideas. He would like our support when he goes before the Board of Health. There followed some discussion as to the fill now being stored on the lip of the embankment. Mr. Falzone requested an ex- tension of the time to remove it. The consensus of the Board is that no more time should be allowed. Mr. Falzone agreed to have the fill removed and the area re-seeded within the • next week. There being no further discussion, the gentlemen were excused with the Commission' s thanks. WINTER ISLAND LIGHTHOUSE--DETERMINATION Susan Madison read a letter from Jim MacDowell (attached hereto and made a part hereof) outlining the proposed repair of Pickering Light at Winter Island. Upon the motion of Paul Willis and second of Chris Hagger, it was determined the proposal did not have significant impact on the bank. It was so voted and a Determination will be sent. SUBDIVISION COMMENTS The Commission has been asked by the Planning Board to comment on a proposed subdivision off Greenlawn Avenue into four lots. The area is not wet and it is auite high. Following some study of topo maps and an expression of some concern for drainage and run-off, it was decided to ask for the location of storm drains in the area to ascertain whether there is proper drainage. OLDBUSINESS Chris Hagger has spoken with Jim MacDowell regarding the calculations • for the LaBries. Jim will re-work his figures and get back to us in a few days . Minutes of Meeting--October 14 , 1982 Page 5 • Chris Hagger will also look in to the matter of Mr. Lazarakis who has not responded to our letter regarding the storage of trash on his property within 100 feet of the wetland. NEW BUSINESS Councillor Nutting has asked for the Commi'ssion' s thoughts on the construction of a parking lot adjacent to the soccer field behind Salem State. We are waiting for Salem State to contact us regarding a conservation easement for the area in question and Councillor Nutting will be informed that the area will be inspected again and the impact discussed. There being no further business, a motion was made and seconded to adjourn. Having passed unanimously, the meeting was adjourned at 10 :20 p.m. Respectfully submitted, 8 Dale E. Yale • Clerk ' (u F OPTION Co • 0 'Lii C Conservation Commission • �'}� Salem, Massachusetts 01970 Telephone (617) 745-5056 HASSPOa AMENDED MINUTES OF MEETING October 28, 1982 The Commission met at One Salem Green, Second Floor, on October 28 , 1982. Present were Christopher Hagger, Glenn Yale , Richard Femino, Alice Akatyszewski, Raymond Lavender, Philip Moran, and Associate member James MacDowell . Paul Willis was absent. Chairman Philip Moran called the meeting to order at 8:05 p.m. , and opened the meeting by welcoming Richard Femino and James MacDowell to the Board. SALEM HOSPITAL--CONTINUATION OF PUBLIC HEARING Attorney John Serafini was present, together with Mr. Ken Thompson and Charles Hincman of Salem Hospital to discuss the matter of the construction of a bituminous parking lot behind the Davenport building at Salem Hospital. Mr. Serafini felt that the majority of questions raised at our last meeting were resolved at an on- site inspection by the Commissioners . Their plans have not changed, but they have addressed the areas of concern. He stressed that the proposed work will keep the sensitivity of the wetland in mind. • Chris Hagger raised the question of the road salt which will be leeching into the wetland. Mr. Hincman stated it was relatively minimal--approximately 5% . Chris Hagger asked about the drainage from the Hospital's cooling towers going into the wetland. Mr. Serafini replied that that problem had been addressed. There being no further questions or discussion from the Board or any other person present, upon the motion of Alice Akatyszewski and second of Chris Hagger, the hearing was closed. It was so voted. As the issue of the cooling towers , Mr. Serafini stated that the Hospital has two towers--one to maintain water levels and the other to be used when the entire system is drained. The overflow pipe will be pumped into the sewer system with controls within the next two weeks. The other one will not be used this Fall as it has been in the past. The system will be pumped out and both pipes will be capped and sealed. In the future the run off will go through the sewer system. The Hospital feels this can be accomplished before the cold weather. This will be permanent and an affadavit stating such will be provided by the Hospital. There was some discussion as the addition of B-111 into the wetland which can be toxic to fish and vegetation. Mr. Hincman felt that B-111 has a short life span in water and certainly the vegetation . in the wetland area is thriving. • Minutes of Meeting--October 28 , 1982 Page 2 The Hospital will come back to the Commission in early_ December to report on the progress of the work proposed. Upon the motion of Glenn Yale and second of Richard Femino, an Order of Conditions referencing the amended plan and containing the following additional conditions was approved: No asphalt swails will be constructed along the perimeter of the parking area , drainage will be collected by a catch basin in the south- east corner of the parking area; the catch basin will contain an MDC gas trap or equivalent to be cleaned and maintained by Sa- lem Hospital; the embankment will be repaired, reseeded and restored to its original condition. It was so voted. NEW ENGLAND POWER COMPANY--PUBLIC HEARING Mr. Ronald Boches , Mr. Andrew Aitken, Mr. David Rilev, and Mr. David Beattie were present from New England Power Company to address the proposal of the Salem Harbor Station coal con- version project. The area is within a flood hazard district. Mr. Boches presented descriptive testimonv to the Commission (attached hereto and made a part hereof) and then opened the • hearing to questions. Chris Hagger asked where any excavation material would be placed. Mr. Boches replied that it would be trucked off site. Chris asked about potential run-off problems and Mr. Boches replied that the system is a "closed system and any run off will be han- dled and re-used. Mr. Aitken further stated that they have built in safeguards to handle any unusual run-off problem (i.e. heavy rainfall, etc. ) : In response to a further question from Chris Hagger, Mr. Aitken added that the settling basin was designed to handle a ten-year, twenty-four-hour rain. Chris asked how much free board was included in the design and Mr. Boches replied 2-1/2 feet. Chris asked if there was provision for run-off from the other tanks and Mr. Roches answered that thev were all diked. In response to questions regarding studies done to determine whether the existing treatment system can handle new water , the calculations will be made available to the Commission. Mr. Boches additionally pointed out that the existing basins used to handle much more than is now- uroposed. Chris asked where the water from the truck wash would go and Mr. Boches replied it will be pumped into a settling basin. Chris asked what the ground water elevations were in the ash handling area, Mr, Boches replied they were between 8 and 9 ft. mlw. Chris • asked if ,any underdrains were planned. Mr, Boches replied in the negative, However, the bottom of the settling basins will be at 10 mlw which. is aboveground water levels . Minutes of Meeting--October 28 , 1982 Page 3 • Mr. Boches further stated that the uplift of the settling basins would be controlled by their dead weight. Regarding the coal pile run off pond, the top of the berm is at 15. 5 mlw, and there is 1/2 foot of free board under maximum flow into coal pile run-off basin. In the coal pile run-off pond, Chris questioned the use of under drains. Mr. Boches stated that under drains would indeed be used in this area. The pond will be asphalt lined. Glenn Yale asked if NEPCO made a discrepancy between fly ash and bottom ash. Mr. Boches replied in the affirmative. Glenn asked if this was true from a disposal standpoint and Mr. Aitken replied that fly ask can be used for cover; however for outright disposal, no discrepancy is seen. Philip Moran asked what the capacity would be of the coal pile run-off basin. Mr. Aitken replied it would be approximately 850 , 000 gallons and the retention time is 5 . 4 days. Chris asked what elevations are proposed for the collection troughs at the base of the coal pile. Mr. Boches replied that at the upper end they are at 15-1/2 ft. mlw and sloping down to 14=1/2 mlw at the coal pile run-off pond inlet. The wall of the collection • troughs will be above the 100-year flood. The center line of the roadway adjacent to the troughs is above or at 15 mlw. Glenn Yale asked what effect cold weather conditions could have on the flow and also in the truck wash area, etc. Mr. Boches said these could be controlled manuallv by valves if needed. In response to a request from Chris, NEPCO will provide cross sections showing grades around the precipitator area. Also cross sections will be provided of the fan house showing how it will be tied into existing or proposed grades for the ash area. Also an area drainage plan would be helpful. NEPCO will provide this also. Chris asked what is under the existing coal pile. Mr. Aitken replied that is impermeable, filled land. Chris Hagger and Jim MacDowell will discuss further with Mr. Boches our needs to put together an Order of Conditions . Upon Motion of Chris Hagger and second of Alice Akatyszewski , the public hearing • Minutes of Meeting--October 28, 1982 Page 4 • will be continued until November 9, 1982 at 800 p.m. (Note the change of day--this date was chosen due to the November 11 holiday. ) It was so voted. WINTER ISLAND Assistant Harbormaster Joseph Dunn was present to request per- mission to construct a 40' x 20' float and ramp at Winter Island. The ramp will be free standing. Two 1" x 1' holes will be drilled in ledge for anchors . No heavy equipment will be used. It will be supported by mushroom anchors and is a non-permanent structure . Upon the motion of Glenn Yale and second of Richard Femino , the proposed-Work was determined to be non-significant. A determination to this effect will be issued. It was so voted. MOOSE LANDFILL (Forest River) Glenn Yale gave a brief background of the situation as it now stands . The fill being stored on the bank has been removed and the Board of Health has requested an opinion from the Commission regarding the significance of placing a : ' 3landfill on the site behind the Moose . Mr. George Amenta and Mr.'Richard Deschamps of Marl- borough Road were present to speak in opposition to the proposal. • After several minutes of discussion regarding the pros and cons of the proposal, the concensus of the Board was in the direction of perhaps a proposal which would fill the area (culverted) with clean fill, properly engineered and allowing for any contingency such as cleaning the :culvert, proper drainage , etc, would perhaps be acceptable , a "landfill" as such would not. Each Commission member is to draft their thoughts and a letter will be sent to the Board of Health after our next meeting. APPROVAL OF MINUTES Upon the motion of Glenn Yale and second of Alice Akatyszewski, the minutes of October 14, 1982 , were approved. �It was so voted. OLD BUSINESS Chris Hagger reported that the owner of Lazarakis Painting Co . , Mrs. Mary Pitucha, has been contacted and he feels she should be contacted regarding a schedule of clean-up of the area behind the painting company. Glenn Yale spoke briefly about the North River situation and felt we should pursue the violations if possible . Regarding the sludge area off Marlborough Road, the name and title of the person at DEQE responsible for this area will be sent to • Councillor Grace in response to her Council Order. • Minutes of Meting--October 28, 1982 Page 5 Philip Moran will find out who the counsel is for Shaughnessey Hospital so that their illegal fill problem can be addressed. Susan Madison and Councillor Nutting will visint the site at Salem State proposed for a parking lot, stake the area and the Commissioners can visit at their convenience to inspect. There being no further business, a motion was made and seconded to adjourn. Having passed unani' sly, the meeting was adjourned at 1000 p.m. Respectfully submitted, Dale H. Yale Val Clerk • • a a TESTIMONY OF RONALD J. BOCHES NEW ENGLAND POWER COMPANY Before the Salem Conservation Commission October 28, 1982 My name is Ronald J. Boches, I am Supervisor, Licenses and Permits, here , tonight representing New England Power Company (NEP) . On October 15, 1982, NEP filed a Notice of Intent with the Salem Conser- vation Commission requesting an Order to perform work within and adjacent to the City of Salem's Flood Hazard District. We are proposing to excavate, fill and install foundations and structures, including new pollution control equipment at Salem Harbor Generating Station in connection with the long-term conversion of Units No. 1, 2 and 3 from oil burning to coal burning. We are presently burning coal in all of the three coal capable units at the Station under a Delayed Compliance Order (DCO) issued by the U.S. • Environmental Protection Agency. As you may recall from our earlier submittal to your Commission, the Delayed Compliance Order established a compliance schedule for the long-term conversion. This schedule requires all three units to be converted to coal burning within 43 months after the burning of coal in any unit, but not later -rschedule, than December 31; 1985. In order to meet our long-range work on the overall project has begun and, in fact, the concrete shell of the new chimney is now complete. The existing elevation of the land associated with the proposed work varies across the southerly portion of the existing Station from approximately elevation 16.0 mean low water (MLW) to 13.0 MLW. The site plan, SK101282, submitted as a part of our Notice of Intent, shows the approximate horizontal limits of the 100—year flood plain as • determinedby the Federal Insurance Administration Flood Hazard Boundary Map. - z - Major structures or work associated with coal conversion are three new precipitators, an induced draft (I.D.) fan house, a new ash handling system, a • coal pile runoff collection system and miscellaneous piping, pipe racks and drain trenches. The ash handling system will include a fly ash silo, two dewatering or decanting bins, two settling basins, a surge basin and an ash sluice pumphouse. Of these structures, the ash handling system and the coal pile runoff collection system will be located on land which is below the 100-year flood elevation of 15.36 feet MLW. The precipitators and the induced draft fan house will fall within 100 feet of the 100-year flood plain. Many of the proposed structures are integrally related. At this point, a brief explanation of the operation of each of the proposed structures might be helpful. When coal is burned, not all of it undergoes complete combustion. The unburned portion remains behind as ash. The heavier ash, known as bottom ash, • falls into collecting bins known as hoppers. From there, it will be carried by water to the proposed dewatering bins. The ash will be separated from the water in these bins. The clarified water then goes to the settling basins where most of the remaining ash settles out and from there, the clarified water is routed to the surge basin where it is pumped via the ash sluice pumphouse back to the existing Station for reuse. The lighter fly ash is transported via flue gas to the precipitators. The precipitators collect the ash particles on electrically charged plates and the articles then fall into a hopper located below each precipitator. The fly ash is then blown via enclosed pipes into the fly ash silo. The silo will function as the storage receptacle for the ash. The induced draft fans control the velocity of the flue gas traveling through the precipitators to insure effective ash removal. • - 3 - Finally, the coal pile runoff collection system, to be located at the most • southerly portion of the site, will collect runoff from rainfall in trenches located along the edge of the coal pile and carry this runoff to a storage pond. A more detailed description of these structures was included as Attach- ment A to our Notice of Intent. In the ash handling area, we propose to place clean granular fill material in. order to raise the existing grade from approximately 14.0 feet MLW to a final grade of 18.0 feet MLW. This will .raise the grade level of the proposed structures in this area to 18.0 feet MLW, which is well above the 100-year flood plain. Once filled, this area will be paved. Runoff from this area will be collected in area drains and routed to the new settling basins and will then be used as makeup for the recirculating bottom ash system. Outside of the ash handling area, where foundations are proposed for • aboveground structures, such as the I.D. Fan House, the lowest floor of all such structures will be above elevation 15.36 MLW. The proposed work will not have a significant effect on any of the seven statutory interests set forth in the Wetlands Protection Act. The work will place no additional demands on use of potable water. All fill will be clean fill; therefore, groundwater will not be affected. Although the additional work will displace some 3.1 acre-feet of flood storage, the removal of facilities and the addition of a coal pile runoff storage pond provide approximately 3.7-acre feet of new storage. Flood control and storm damage protection, therefore, will not be affected. All appropriate precautions and applicable State and Federal regulations relating to pollution control will be complied with. Because the work will take place on land above the mean high water line, neither shellfisheries nor marine fisheries will be affected. • Since the proposed structures and work will not significantly impact upon any of the interests set forth in the Wetlands Protection Act, we request that • Conservation Commission issue an order authorizing NEP to proceed the Salem t with the proposed work. Thank you for this opportunity to address the Commission. I would be happy to answer any questions you may have. • • I Con servaho O J Salem. Ala,,saehusetts 01970 AMENDED MINUTES OF MEETING November 9 , 1982 The Commission met at One Salem Green, Second Floor, on Tuesday, November 9 , 1982 . Present were Raymond Lavender, Alice Akatyszewski, Glenn Yale, Christopher Hagger, Philip -Moran, and Associate member James MacDowell. Richard Femino and Paul Willis were absent. Chairman Philip Moran called the meeting to order at 8 : 04 p.m. NEW ENGLAND POWER COMPANY--CONTINUATION OF PUBLIC HEARING Chris Hagger noted that he and James MacDowell had met with Mr. Andrew Aitken of New England Power to address concerns that were raised at our last meeting. Chris and Jim felt that their con- cerns were answered adequately. Upon the motion of Chris Hagger and second of Alice Akatyszewski, the public hearing was closed. Upon the motion of Chirs Hagger and second of Raymond Lavender, • an Order of Conditions referencing the plans as presented, including the additional information supplied to the Commission upon request, be issued. It was so voted. SHAUGHNESSEY HOSPITAL A Cease and Desist Order has been sent by Certified rail to Shaughnessey Hospital to address the fill problem behind the Hospital. DECOTIS Since our first Cease and Desist Order was not accepted (sent by Certified Mail) , a second Cease and Desist Order for as- built plans for his rip-rap ramp will be served to Mr. DeCotis by a Police Officer. LINDEN AVENUE Following some discussion as to the extent of fill actually on Salem land, a motion was made and seconded to request Mr. Bouchard to remove the fill being stored--and spilling over--the embankment. It was so voted. Minutes of Meeting--November 9 , 1982 Page 2 • LEGG' S HILL Susan Madison inspected the area in question and noted that the actual violation is taking place on Marblehead land. Philip Moran felt the impact was on Salem property as well. Susan noted that the developer is Mr. Angenica who has had ongoing development in the area for some time. Philip Moran will speak to Hugh Mulligan of the Marblehead Conservation Commission regarding this matter. LAZARAKIS A Certified letter has been sent to Mary Pitucha, owner of Lazarakis Paint Co. , reauesting a schedule of clean-up for the debris behind her painting business. She will supply a schedule by our next meeting. OLD BUSINESS Asst. City Solicitor Harrington had gone to .District Court to determine "the progress of"the. City vs . James Jeffries case and_founa the file 'had been misplaced,. A new complaint has now been -issued and a summons sent. The-court date .is ,Dec. 10 in. Salem. At that time a request for a change of venue will be made. Regarding the Salem State parking lot proposal , after some dis- cussion as to the impact of the proposal on the wetland, the con- sensus of the Board was that if the wetland area was not filled, a Notice of Intent was not required. Upon motion made and seconded to this effect, this was so voted. Copies of two comments regarding the Moose landfill proposal were read, both speaking in opposition to the proposal. A public hearing by the Board of Health will be held on November 16 , 1982 , regarding a site assignment. A draft of a letter stating our opposition to a landfill (as opposed to filling of land) citing Chapter 111 , Section 150 A of Massachusetts General Laws, was made . There being no further business , a motion was made and seconded to adjourn. Having passed unanimously, the meeting was adjourned at 9 : 10 p.m. Respectfully submitted, Dale E. Yale Clerk Conservation Commission ' Salem. Massachusetts 01970 MINUTES OF MEETING November 22, 1982 The Commission met at One Salem Green, Second Floor, on November 22 , 1982 . Present were Raymond Lavender, Paul Willis , James MacDowell , Glenn Yale, Alice Akatvszewski, Christopher Hagger , and Philip Moran. Chairman Philip Moran called the meeting to order at 8: 10 p.m. Upon the motion of Raymond Lavender and second of Alice Akaty- szewski , the approval of the minutes will be delayed until the end of the evening' s meeting. It was so voted. SALEM STATE Dean Richard Marrs , Mr. Joseph Mulligan, and Councillor John Nutting were present to discuss the matter of ad- ditional parking at Salem State . Several residents of the area were also present. ' Dean Marrs stated that due to the impending resident parking ordinance, the college needs to Provide additional parking for students wherever possible. Thev wish to create a parking lot for 20 - 30 cars adjacent to Pacific Avenue . Thev will not touch the cat o ' nine tail area and thev plan to clear away some brush, etc . If they did not use the corner, they would have space for 22 cars . Councillor Nutting spoke in favor of the proposal . There have been ongoing discussions between the Citv and the college concerning the parking Problem in the Salem State area. Thev want to try to find parking spaces wherever possible to help alleviate the problem. Mr. Tim Gray, a member of the Board of Trustees at Salem State and a resident of the area (42 Charles Street) spoke in favor of the project. He noted there have been several problems on the marsh area now including fires and debris which is an eyesore. He feels the proposal will help alleviate the parking problems as well as cleaning up the area and keeping it better looking. Paul Willis and Glenn Yale both raised the question of a conservation easement on the property to insure that in ' the future the area will not be built upon. Dean Marrs Minutes of Meeting--November 22 , 1982 Page 2 • felt that he could not promise the college could agree to this kind of proposal in the future. He added that the college had no plans to develop this area at all but were forced into taking some action due to the resident parking ordinance. Glenn Yale pointed out that a little fill could add up to a very large problem. There followed some discussion as to whether the college could fill the area and provide compensating storage. Dean Marrs reiterated that he could not provide a lead pipe guarantee that; he college,.would agree to a °no-build"cclause under. a -con'servation' easement. Mr. John Avigian of Day Avenue was present and stated that while in principle he was not opposed to the proposed parking area, he did have a water problem in his cellar. In the area near the three garages, there is a drainage problem. Mr. Avigian noted, also, that the abutters had not been notified of this evening' s meeting. Philip Moran asked when they planned to begin construction. Councillor Nutting noted that the resident sticker program • will begin early this winter. Susan Madison clarified the situation as an either/or. Either the proposal is approved this evening under a Determination or thev file a Notice of Intent. Following further discussion, it was agreed that the Determination would be extended by one day and the matter will be addressed again at our next meeting on December 9 , 1982 . Dean Marrs agreed with this and they will return to the Commission that evening. Upon the motion of Glenn Yale and second of Alice Akatyszewski , the matter was deferred to our next meeting. It was so voted. SHETLAND PROPERTIES Mr. Peter Kronenberg and Mr. Bruce Erikson were present from Shetland Properties to discuss their proposal to jackhammer out brick panels facing the Chase House to replace with windows. They wish to temporarily drop the bricks on to the mud flat on the South River Channel until such time as the whole area is dredged to put in a marina. They feel this dredging will take place by May of 1984 at the latest. • Philip Moran, Glenn Yale, and Susan Madison had all inspected the area and found that it appeared very little would be affected by doing this. The Harbormaster had expressed some Minutes- ofIMeet ng_-November 22 , 1982 Page 3 • concern as to the bricks being stored on the channel during a boating season. Mr. Erikson noted that there is 50 feet from the edge of the building to the channel, so he feels there would be little impact on the channel itself. Regarding the timing, Mr. Erikson stated that they are in the process of finishing stability calculations and engineering drawings to assure the stability of the building for dredging. Also they are under a time problem as far as finances are concerned and they still have to appear before various Boards in the Citv. They hope to be back to the Conservation Commission by January or February with their marina and dredging proposal. There are thirty panels on each of five floors to remove. They feel they can remove no more than one to two panels per day and are working around tenants still present in the building. In response to a question from Chris Hagger, Mr. Erikson stated that there are three cubic yards of brick per panel to be removed. Jim MacDowell asked what was now existing as far as bottom mud was concerned. Mr. Erikson replied there was approximately three to four feet. Jim MacDowell expressed some concern • for the possibility of a mud wave due to the comuression of the mud. This would cause a severe navigational problem. Mr. Erikson replied that drilling had indicated there was a four foot refusal so he felt there would be no problem. Chris Hagger asked if any dredger had expressed concern for dredging up all these bricks. Mr. Erikson replied in the negative. Mr. Bill Kelley from Barnegat Transportation was uresent to speak in favor of the project. He felt there was little problem with the proposal and he was affected by this a great deal. Glenn Yale asked what guarantee the Commission had that the dredging would take place no matter what happened to funding, etc. Mr. Erikson said that Shetland would guarantee the bricks would be removed by April 1984 no matter happens. Susan Madison asked if Shetland would out a bond to guarantee this and Mr. Erikson replied he hoped to put this in the form of a contract and added that they never had to post a bond in the past and they have always dealt in an honorable way with the City. Glenn Yale asked if their neighbors had any objection to the proposal. Mr. Erikson replied that the neighborhood • has been supportive of the project. Mr. Erikson added that the Building Inspector will give a demolition permit for the project and felt it was a reasonable request. Minutes of Meeting--November 22 , 1982 Page 4 • In response to a question from Philip Moran, Mr. Erikson stated that they plan to work only during the week and they cannot work during the colder winter months. Following much discussion, the Commission recommended that the matter be handled through a Notice of Intent. There were' too many questions and too many people who could be affected to go ahead under a Determination. The project will be advertised and a public hearing will be held on Monday, November 29 , 1982 . Any work done before that time will be done at Shetland' s peril. MOOSE LANDFILL Glenn Yale gave a background of the public hearing by the Board of Health. He noted that while the request for a site assignment was denied, Thomas Neve, Inc. has sub- mitted a new request for assignment leaving out fly ash as a possible fill. They wish to request a new hearing before December 1. Upon the motion of Paul Willis and second of Raymond Lavender, it was voted to send a letter to the Board of Health stating it was "inconceivable for the Commission to prepare expert testimony by December 1" and asked that the hearing be delayed until after the holidays. • It was so voted. PICKMAN PARK A request for an extension of the Order of Conditions for Pickman Park was presented. Due to the economy, con- struction has been delayed. Upon the motion of Alice Akatyszewski and second of Raymond Lavender, the Order of Conditions was extended for one year. It was so voted. CERTIFICATES OF COMPLIANCE Requests for Certificates of Compliance have been made from New England Power Company (#64-80) regarding their chimney foundation and from Mr. Clayton Smith, 27 Pierce Road (#64-60) . Chris Hagger will look into the matter of New England Power and Paul Willis will handle Mr. Smith and these will be acted upon at our next meeting. APPROVAL OF MINUTES Upon the motion of Raymond Lavender and second of Alice Akaty; szewski , the minutes of November 9 , 1982, were approved as amended. It was so voted. • There being no further business , a motion was made and seconded to adjourn. Having passed unanimously, the meeting was declared adjourned at 10 : 02 p.m. Respectfully submitted, Dale E. Yale, Clerk t Conservation Commission • ' Salem. Massachusetts 01970 `<, MINUTES OF MEETING NOVEMBER 29 , 1982 A special meeting of the Salem Conservation Commission Commission was held on November 29 , 1982 at One Salem Green, Second Floor. Present were Raymond Lavender, Glenn Yale, Richard Femino, Paul _ Willis, Alice Akatvszewski, and -Associate member James PlacDowell. Philip Moran and Chris Hagger were absent. Vice-chairman Glenn Yale called the meeting to order at 7 : 30 p.m. SHETLAND PROPERTIES--PUBLIC HEARING Glenn Yale read the notice of the hearing and openedi the hearing to Mr. Erikson and Mr. Kronenberg or Shetland Properties. Mr. Kronenherg. stated that Shetland proposes to removed the brick in fill panels from the west and north sides of their building and temporarily store the bricks on the mudflat on the north side for a period of eighteen months. The total is • approximately 438 cu. yds total. The bricks will be removed when the entire South River channel is dredged for a marina they propose to construct at the site. He emphasized that the time period to accomplish the removal of these panels is considerable particularly where they are working around tenants in the building. Bruce Erikson of Shetland added that the eighteen month time frame is also necessary to extend the "card" district out to the mud flat. This is a community area revitalization district which allows for preferential tax treatment and low interest loans for the project. Mr. Erikson stated that the building now fits all the criteria for this. He added that the "card" extension is critical to the marina, but regardless of the outcome of the marina proposal , the bricks will be removed. Peter Kronenberg emphasized that the bricks will be contained on the mud flat onlv and added that the flat extends fifty feet from the building to the channel. Richard Femino felt !.this was somewhat of an exaggeration. Peter Kronenberg stated that they plan would upgrade the neighborhood, they are not planning any condominiums, they have forty tenants who will stay in the building and the building provides a good mix of office space, warehouse space, and light manufacturing. They plan to convert 12 , 800 square feet to office space and the rest will remain the same. . y k Minutes of Meeting--November 29, 1982 Page 2 • Mr. Kronenberg added that they plan to stop work on the brick re- moval during the boating season. Ralph Hobbs of the Waterways Advisory Board asked about the stability_ calculations needed before dredging takes place. Mr. Erikson replied that they are underway and they hope to be back before the Conservation Commission in January or February for the full marina proposal. In any event, however, the bricks will be removed by May, 1984 . Mr. Hobbs asked if the Army Corps has been apprised of this proposal and Mr. Erikson replied that it is the Conservation Commission who is the first step. Councillor James Fleming was present to speak in opposition to the proposal and commented that work had already been done prior to this evening' s hearing. Glenn Yale stated that they had been doing this at their own peril. Ralph Hobbs asked if the mud roll problem had been addressed. Glenn Yale replied that this will be included in the Order of Conditions. Councillor Fleming commented that they seemed to have "jumped the gun" in this matter. Mr. Kronenberg replied that timing is of the utmost importance in this project. Councillor Fleming • stated that at present the City has no guarantee that the bricks already there will be removed and by going ahead with the project before this evening' s hearing it puts the City and the Commission in an extremely awkward position. Mr. Kronenberg replied that this was a legitimate observation; however , they have always worked with the City in an honorable fashion, they care about the building and plan on being there for a long period of time and they would, without question, adhere to the determination of the Conservation Commission. Glenn Yale added that they are here to be as realistic and as amenable as possible within the confines of the laws and very_ often react "under the gun" to problems in the city. Councillor Fleming asked about environmental issues such as noise, dust, etc. Mr. Erikson replied that the most objection has come from the actual removal of the bricks. They will cease removal during peak summer time. Councillor Fleming asked if they had considered all alternatives as to the proposed brick removal. Mr. Kronenberg replied that they. had spoken with several contractors for ideas, but the best pos- sible solution relative to demand plus cost effectiveness was this proposal. • Minutes of Meeting--November 29 , 1982 Page 3 • Richard Femino raised the question of the cost of a barge. Mr. Erikson allowed that the cost was tremendous, including the tug, etc. This is one of the reasons why they hope to only have to do it once. Mr. Joe Jones, a neighbor, asked when the channel would be cleared. Mr. Erikson replied that any debris in the channel that was the direct responsibility of Shetland would be removed. Jim MacDowell asked if any definite arrangement was made as to who would remove a potential obstruction. Bill Kelley replied that once dredging permits were in place, a barge would be available within a week. Glenn Yale asked if there was anything living in the mud flat that could be harmed by the storage of the bricks. Mr. Hobbs stated there was not. Paul Willis added that the flats are closed to any shellfishing, etc. Upon the mostion of Paul Willis and second of Richard Femino, the public hearing was declared closed after the vice-chairman as- certained there were no further comments from the persons present. It was so voted. • Upon the motion of Alice Akatyszewski and second of Richard Femino an Order of Conditions referencing the plan and containing the fol- lowing additional conditions was written: The removal of brick infill panels shall be completed by May 1, 1984 . If the project is stopped for any reason other than normal con- struction scheduling, commencement of removal of brick from the mudflat will be within thirty (30) days. Any obstruction posing a navigational hazard as determined by the Harbormaster and the Salem Conservation Commission of the South River Channel as a result of this project shall be removed within fourteen (14) days. A written work schedule shall be submitted to the Conservation Commission within ten (10) days of receipt of this Order of Conditions. The Order of Conditions was so voted. There being no further business, the meeting was adjourned at 9 : 15 P.M. Respectfully submitted, is Dale E. Yale Clerk ON Conservation Commission • r Salem, Massachusetts 01970 Telephone )617) 745.5056 MINUTES OF MEETING August 12, 1982 The Commission met at One Salem Green, Second Floor, on August 12, 1982. Present were Philip Moran, Glenn Yale, Alice Akatyszewski, Raymond Lavender, and Paul Willis. David DeVoe and Christopher Hagger were absent. Chairman Philip Moran called the meeting to order at 8:09 p.m. . SALEM STATE SOCCER FIELD Dean Marrs and Mr. Joseph Mulligan were present to continue dis- cussion on the soccer field problem. A brief background of the situation was presented by Dean Marrs and Mr. Mulligan presented a set of plans and provided an explanation of their desires . They wish to fill an area six feet wide , fifty feet long, and two feet deep in one corner of their newly-constructed soccer field. In response to a past question from the Commission as to the hold- ing capacity of the wetland, Mr. Mulligan has calculated the • capacity to be 411, 000 gallons . They plan to fill 600 cubic feet, therefore they will diminish the holding capacity by 4,000 gal- lons or 1%.' They do not feel this is `significant. There followed several minutes of discussion as to the City pipe which exists in the area. It was acknowledged that the area. is indeed quite wet, but Dean Marrs and Mr. Mulligan felt the amount they wished to fill would not significantly alter the area. Paul Willis asked about the area on the other side . Dean Marrs replied that the College had no plans for developing,that area in any way. Paul Willis felt the Commission should put a specific restriction on this area in the form of an easement. Mr. Mulligan said there is a City easement there . Paul Willis asked if the abutters were notified and what, if any, were their comments . Dean Marrs replied that there was no concern expressed among the abutters. Paul Willis explained that a conservation easement would give protection to an area which is subject to flooding. It provides a buffer and assures non-development of a sensitive area. He felt that this could be done at a later time separate from a De- termination. Upon the motion of Paul Willis and second of Alice Akatyszewski • it was agreed the proposed work would have no significant impact on the area. It was so voted. Minutes of Meeting--August 12, 1982 Page 2 • Glenn Yale asked that the area be cleaned up. He felt it has been subject to much "fill" from the neighborhood. Dean Marrs and Mr. Mulligan agreed. Dean Marrs further commented that their proposal included the construction of bleachers which would not be built on the wetland area, but were included as part of the original request. There being no further questions, the gentlemen were excused with the Commission's thanks. SOUTH RIVER Mr. Don Clarke and Mr. James Irving were present to discuss. a proposal for the South River on the side of the river- abutting Mr. Clarke's property (Waters and Brown Hardware) . What they wish to do is threefold: 1. Clean the debris which abuts the property, 2. Mr. James Irving of Jimmy's Marine wishes to build a float and ramp to service small boats (no pU ings, etc . ) , and 3. They wish to build a marina for approximately 20 to 30 boats. Philip Moran asked what the condition of the bridge was at present. Paul Willis felt it would operate, it just had no tender. Philip Moran asked if they would get any boats in there in light of the bridge problem. Mr. Irving replied they were taliking about 16 to • 18 foot long runabouts, etc . The tide would determine how large a boat could get in there as well. This is true of other draw bridges as well, i, e , the Beverly bridge . Mr. Irving went to des- cribe the area of debris as rotting old boats, etc. It is approx- imately twenty feet in diameter. Philip Moran raised the question of whether it may be silt. Susan Madison commented that the mound had been there for quite some time . Philip Moran asked what effect this proposal would have on the over- all plan for Bowditch Park . Mr. Clarke replied that he would rather not wait to see if those plans are ever actually realized. He wants to go ahead and improve his own property. As far as the con- tent of the mound they wish .to remove is concerned, Mr. Clarke will look into this further and invited Commission members to inspect as well. Paul Willis felt a permit would be required from the Army Corps for the marina proposal. Also a Notice of Intent and public hearing would be required from the City's standpoint. Philip Moran commented that certainly this proposal would be an improvement. Mr. Clarke stated that for now they would just like to remove the debris and put in a float. Susan Madison asked if this could be covered under a Determination. • The Concensus of the Board was the removal of the flotsam and jet- sam and the placing of a float could be covered under a Determina- I r Minutes of Meeting--August 12, 1982 Page 3 • tion and the proposal sounded like a good idea. Mr. Clarke will submit more complete plans in the near future . There being no further discussion, the gentlemen were excused with the Commission' s thanks. JOHN HAYES--WINTER ISLAND LIGHTHOUSE Mr. John Hayes , Chairman of the Winter Island Commission, was present to discuss the restoration of the lighthouse at Winter Island. Susan Madison mentioned that she had been in contact with Congressman Mavroules' office regarding the lightouse and it was still in the hands of the government Surplus Office . Mr. Hayes gave the Board a brief historical background of the light- house , stating that it had been built in 1867 and that since the Coast Guard abandoned the Island twenty years ago, erosion on the foundation of the lighthouse has been considerable . He feels it would not withstand another winter. Mr. Hayes is involved with the repair of dams and feels the founda- tion to the lighthouse could be handled in much the same way. Es- sentially what he is proposing is to chip out the bad concrete on the face and place hooks to reinforce and then reinforcing mesh. The hook would resemble small dowels from the outside so this is • the only thing that would show. Mr. Hayes feels strongly that this should be done because of the historical and esthetic aspects, together with the fact that if it indeed topples into the harbor it would be a menace to naviga- tion and the cost if its removal would be prohibitive . Mr. Hayes estimates the cost of his proposed restoration, with volunteer labor and perhaps some donation of materials to be approximately $5,000. Several organizations were discussed as to the possibility of do- nation of materials. It was also decided that this could be covered under a Determination. Mr. Hayes further mentioned his desire to restore the bridge that connected the lighthouse to the island. - He would like to make it a walkway only. He will submit completplans by our next meet- ing. It was the concensus of the Board that what he has proposed would be no problem and was an exciting plan. There being no further discussion, Mr. Hayes was excused with the Commission's thanks. APPROVAL OF MINUTES Upon the motion of Glenn Yale and second of Alice Akatyszewski, • the minutes of June 24, July 8, and July 22 , were approved. It was so voted. Minutes of Meeting--August 12, 1982 Page 4 ' OLD BUSINESS Mr. Moran reported on the status of the Trail Bike court case . He had met with Clerk Arena and charges will indeed be filed. Mr. Moran requested that a change of venue from Salem to Gloucester be made. This was granted and there has been no date set for the hearing as yet. Regarding Jeggle Island, Susan Madison reported that Tony Fletcher will get the sign painted for posting on the; Island. NEW BUSINESS It was with regret that Mr. Moran reported that David " DeVoe has reported his intent to resign from the Commission. A letter of resignation will be sent to the Mayor in the near future . All agreed he will be sorely missed. There being no further business, ,a motion was made by Raymond La- vender to adjourn and seconded by Paul Willis . Having passed unanimously, the meeting was declared adjourned at 9s43 p.m. Respectfully submitted, Dale E.E. Yale Clerk Conservation Commission • v r Salem, Massachusetts 01970 Telephone 1617) 745-5056 'HASS. MINUTES OF MEETING August 26, 1982 The Commission met at One Salem Green, Second Floor, on August 26, 1982. Present were Alice Akatyszewski, Christopher Hagger, Raymond Lavender, Glenn Yale , and Philip Moran. Paul Willis and David DeVoe were absent. Chairman Philip Moran called the meeting to order at 8:12 p.m. APPROVAL OF MINUTES Upon the motion of Alice Akatyszewski and second of Raymond Lavender, the minutes of August 12 , 1982, were approved as amended. It was so voted. DECOTIS/LABRIE UPDATE Susan Madison reported to the Commission that LaBrie 's proposed work is being appealed by Mr. DeCotis. DEQE will be `inspecting the site on September 3 and "t is hoped that some members of the Commission • can attend. Sterling Wall of DEQE stated that the appeal is based -on procedure ,(applying for the permit` sa long ago) and the feeling that there will be filling in a salt marsh. The Commission will be updated further at our next regular meeting. FAFARD Susan Madison apprised the Board of the possibility of a developer named Furfard doing extensive work next to the Hawthorne Shopping Mall off Highland Avenue . Fafard wishes to develop residential housing units and a light industrial complex in the area. They are further currently negotiating with the City to open additional area to extend the Municipal Golf Course an additional nine holes. Presently the City is in the process of asking for a grant to ex- tend First Street and do some traffic improvements in the area. Fa- fard would like to make a road in off Willson through the golf course and connect to his residential area. In addition to extending the golf course an additional nine holes , the Conservation Commission could acquire some land off First Street. Susan emphasized that this is all in the discussion phase at this point. Susan further stated that the developer has done some very nice work of s imilar nature in Ashland and that the Commission has been in- vited to inspect this area. After some discussion, it was decided to try to go on September 21 in the afternoon. OLD BUSINESS Philip Moran reported that he has been informed that the proposed tire reef to be builit off Gloucester is now a reality again. Minutes of Meeting--August 26, 1982 Page 2 Mr. Moran feels that this is just a convenient way to create a dumping ground for old tires and the material which ties them down could disintegrate with time , etc. Chris Hagger observed that the installation of the reefs has also been in question. Mr. Moran stated that DEQE , the Army Corps and the EPA have all been recorded as opposed to the construction of this reef. After further discussion, the Commission as a body asked to be recorded as opposed to the construction of this reef. Congressman Mavroules will be contacted regarding our concerns . Regarding Fiore , upon the motion of Alice Akatyszewski and second of Christopher Hagger, this matter will be pursued in court through City Solicitor Stafford. It was so voted. NEW BUSINESS Regarding the City action against Ferris , it was decided we would ask Mr. Ferris and Solicitor Stafford to meet with the Commission to work out the best way to return the land where Mr. Ferris has been illegally operating his business to its original state . Mr. Moran mentioned that he has noticed dumping at the B & M yards across the North River from Silent Ships within 100 feet of the River. • Chris Hagger also observed an area behind Lazarakis' painting shop which shotiws signs of dump storage within 100 feet of the River. Both these areas will be looked into . Following several minutes of discussion as to areas of the City that need our attention, it was suggested that we meet with Richard Stafford and try to work more closely with the City Solicitor or Assistant City Solicitor to address some of these problems. There being no further business , a motion was made and seconded to adjourn. Having passed unanimously, the Chairman declared the meeting adjourned at 9:20 p.m. Respectfully submitted, Dale E. Yale Clerk i� Conservation Commission • v. Salem. Massachusetts 01970 .�.,`U Nom. MINUTES OF MEETING September 9, 1982 The Commission met at One Salem Green, Second Floor, on September 9, 1982. Present were Christopher Hagger, Glenn Yale , Raymond Lavender, Alice Akatyszewski, and Philip Moran. Paul Willis and David DeVoe were absent. Chairman Philip Moran called the meeting to order at 8:14 p.m. APPROVAL OF MINUTES Upon the motion of Raymond Lavender and second of Alice Akatyszewski, the minutes of August 26, 1982 were approved. It was so voted. NEW ENGLAND POWER New England Power Company has invited members of the Conservation Commission, Planning Board, and Board of Appeal to an informational meeting on September 15, 1982, at 7 :00 p.m. It is hoped as many members of the Board can attend as possible as New England Power • will be coming in for another phase of their conversion project shortly. The Commission discussed potential areas of question ( i.e . removal of old stacks, schedule for construction, tax status, coal ash storage and dumping, etc. ) Susan Madison felt that the Moose Lodge still wished to negotiate with NEPCO to obtain coal ash for filling behind the Lodge . There followed extensive discussion regarding this continuing problem. Upon the motion of Alice Akatyszewski and second of Christopher Hagger, Glenn Yale was appointed as liason between all concerned parties regarding the potential culverting and filling of the Forest River. It was so voted. LABRIE-DECOTIS The LaBrie property was inspected by DEQE regarding the appeal filed by Mr. DeCotis . The LaBries will transplant eel grass sprouts to protect the salt marsh, but Mr. DeCotis does not feel this is ade- quate. While inspecting, it was discovered that Mr. DeCotis has constructed a rip rap boat ramp which was not included in his original Order of Conditions. Mr. DeCotis was never issued a Certificate of Com- pliance , so a letter will be sent regarding this violation. He will be requested to submit a Notice of Intent for an"as-built" Order of Conditions . If his Notice is not submitted within 30 days , we will take him to court. t Minutes of Meeting--September 9, 1982 Page 2 There followed considerable discussion as to the follow up of Orders of _Conditions . It was decided that an additional order would be included stating that periodic inspections of the project would be taking place . Upon the motion of Glenn Yale and second of Alice Akatyszewski, a follow up of each Order of Condition will be made to insure proper procedure was followed. It was so voted. Upon the motion of Glenn Yale and second of Alice Akatyszewski, a letter will be sent to Mr. DeCotis as discussed previously. It was so voted. MARLBOROUGH ROAD An SESD sludge dump is located at the end of Marlborough Road on the Dibiase property and has been the location of several fires, etc. according to Councillor Grace . Chris Higger will report on this matter further in the future . CONGRESS STREET BRIDGE A letter has been received from the City Engineer stating that he had received numerous telephone calls regarding the possible • opening of the Congress Street bridge . He felt these calls may have been generated as a result of our conversations regarding a potential marina on the South River. Philip Moran will contact Mr. Fletcher to discuss this with him further. FAFARD The inspection of the Fafard property in Ashland has been changed to September 23 at noon. Transportation and lunch will be provided. OLD BUSINESS Philip Moran read a letter of resignation from David DeVoe . Phil will see the Mayor shortly regarding the appointment of a new Commissioner. Upon the motion of Raymond Lavender and second of Glenn Yale , David's resignation was accepted with regret. It was so voted. NEW BUSINESS A new developer, Maine Post and Beam, plans to meet with the Commis- sion at our next meeting regarding the development of the pond area behind Stop and Shop. The plan is to build 24 townhouse units in a quadriplex design. The floor space will be 1200 square feet. A potential problem is the location of a proposed ramp over the ri five foot City pipe . Also they plan to connect to the sewer on Minutes of Meeting--September 9, 1982 Page 3 I+ Elm Avenue and $o do this they must pump uphill. A question arises as to the location of the pumping station. Our main impact will be our comments to the Planning Board regarding cluster zoning, etc. There will no filling, etc. It was suggested that the Marblehead Conservation Commission be in- vited to this meeting. V There being no further business , a motion was made and seconded to adjourn. Having passed unanimously, the Chairman declared the meeting adjourned at 9:40 p.m. ResRectfully submitted, Z E . Dale E. Yale Clerk Conservation C C r`)fy$7 nq(`1m7cn Salem, Massachusetts 01970 Telephone 1617) 745-5056 ASSNC MINUTES OF MEETING September 24 , 1982 The Commission met at One Salem Green, second floor, on Septem- ber 24, 1982 . Present were Christopher Hagger, Alice Akatyszewski , Paul Willis , and Philip Moran. Raymond Lavender, David DeVoe, and Glenn Yale were absent. APPROVAL OF MINUTES Upon the motion of Alice Akatvszewski and second of Christopher Hagger, the minutes of September 9 , 1982 , were approved. It was so voted. LABRIE Mr. and Mrs . LaBrie were present to discuss the possibility of amending their. previous plan to include the construction of a boat ramp. The ramp will only be used at high tide and the LaBries have agreed that no boats will be moored on "the • salt marsh. Philip Moran asked what the dimensions will be. Mr. LaBrie replied it is planned to be eight feet high and go back to ground level for a-;total` of nine feet. In response to a question from Chris Hagger, Mr. LaBrie stated that it will abut the existing stone wall. It will not be tied together, just well-constructed. There followed much discussion as to the best construction methods. Mr. LaBrie further stated that weep holes will be included in the wall. Upon the motion of Paul Willis and second of Alice Akatyszewski , it was agreed the proposal had no significant impact on the salt marsh and conditional approval of the plan was given subject to review of the final calculations by Chris Hagger. It was so voted. Mr. LaBrie also plans to replant salt marsh buds and asked for the Commission' s advice as to the best time of year to do this . Susan will ask Sterling Wall for advice in this matter. There being no further discussion, the LaBries were excused with the Commission' s thanks. . MAINE POST AND BEAM Twenty-four units are Being proposed for the area behind the Ston and Shop in Vinnin Sauare. Board of Appeal will be involved as Minutes of Meeting--September 24, 1982 Page 2 • this requires a zoning variance. The Commission' s impact will be minimal--some building is planned in the buffer zone; however as to design or number of units , the greater authority lies with Planning Board. Our comments as to the Plans for the pond are in order when the Plans are finalized. FAFARD Philip Moran and Susan Madison attended a Presentation at a site which has been developed by Fafard in Ashland. Philip Moran felt that extreme care was given to conservation matters at that development and he was impressed. Holding ponds were included and the water stored there was used for surinkler systems , etc. Much attention was given to saving trees and the clusters, while sounding dense (eight . units per acre) , were done very well. A slide presentation will be shown at the Planning Board meeting on September 29 , 1982 , at 7 : 30 p.m. SESD Susan had received a call from Marblehead proposing a meeting be- tween all North Shore Conservation Commissions regarding the Proposed outfall for SESD. ' After much discussion as to the frustrations experienced by us all regarding the whole matter (both the sludge and the outfall) , it was felt that a joint meeting, while beneficial from the stand- point of an exchange of frustrations , would be an exercise in futility. Thousands of dollars in consultant' s fees have been spent on this problem and we most likely couldl not come up with an alternative that hasn' t already been suggested and/or re- jected. NEW MEMBERS Mr. Richard Femino will be asked to our next meeting to discuss the likelihood of his becoming a new member of the Commission. James MacDowell will also be asked if he wishes to become an Associate member of the Board. NEPCO NEPCO will be coming in for their overall plan in the immediate future. The possibility of putting "red flag" orders into the conditions was discussed in order to maintain proper surveillance over the construction. Chris Hagger felt there were potential problems with lagooning, coal storage , etc. It is hoped that potential areas of problem can be discussed at our next meeting so that we can be ready when they come in. Minutes of Meeting--September 24, 1982 Page 3 It is also hoped that David DeVoe can attend this meeting for his input where a new member of the Board would not be familiar with the potential problem areas. There being no further business , a motion was made and seconded to adjourn. Having passed unanimously, the Chairman declared the meeting adjourned at 9 : 10 p.m. Respectfully sub itted, Dale E. Yale Clerk