1983-CONSERVATION COMMISSION c Conservation Commission
Salem. Massachusetts 01970
Mnssno�v�
AGENDA--June 9, 1983
1. Fafard--Public Hearing
2. Horton Street
3. Approval of Minutes
4. Ronald Gauthier
5. Old Business
6. New Business
•
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• Salem. Massachusetts 01970
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MINUTES OF MEETING
June 9, 1983
The Salem Conservation Commission met at One Salem Green, second
floor, on Thursday, June 9 , 1983. Present were Philip Moran,
James MacDowell, Raymond Lavender , Richard Femino , and Glenn
Yale . Christopher Hagger, Alice Akatyszewski, and Associate
Member Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8:02 p.m.
FAFARD--PUBLIC HEARING
Chairman Philip Moran read the notice of the public hearing and
introduced Attorney John Serafini who gave an overview of the
project.
The proposed project basically involves 120 acres off Highland Avenue .
This includes adding nine additional holes to the Municipal Golf
Course , construction of condominium units , commercial, and light
• industrial space . A 'road will be constructed from Willson Road
through the golf course , into Highland Acres and join the proposed
extension of First Street. First Street will be extended out to
Marlborough Road/Highland Avenue intersection. A $500 ,000 grant
has been granted for the proposed road and traffic work . The cost
of the entire project will be in the area of $70 million, phased
over four to five years , and will be privately financed. One-
hundred acres will be developed into condominium units , ten acres
will be retained for conservation land, and nine additional holes
will be constructed for the golf course . In exchange , they want
forty acres and access from Willson Road through the golf course .
Mr. Serafini added that their interest is in beginning the indus-
trial portion of the project first as they already have two poten-
tial tenants . He noted that from a tax standpoint, the City stands
to gain approximately $1,200 ,000 .00 . He emphasized the reputation
of the developers and their willingness to work in concert with
the Commission and all other involved parties . They have recently
done a similar project in Ashland which has worked very well.
Philip Moran asked how much park land would be given over to the
project and Mr. Serafini replied forty acres of land would initially
be given; ten would be returned as conservation land, so a net of
thirty acres would be given over to the project. In essence , the
City gets ten acres of conservation land plus the additional nine
holes for the golf course in return for their forty-acre parcel.
• Mr. Moran asked what the ratio of industrial-commercial-residential
will be and Mr. Robert Maschi, vice-President of Fafard and a
Minutes of Meeting--June 9, 1983 Page 2
• Registered Professional Engineer , replied that after the swap of
land, roughly one-hundred acres will be residential, thirsty will
be industrial, and eight, commercial. Philip Moran asked if they
anticipate any zoning problems and Mr. Serafini replied that the
plan is contingent upon existing zoning, but they are away e3 there
are some re-zoning plans upcoming. They plan to discuss this in
detail with the Planning Board and Planning Department to see what
is planned for the area. He added that some lines inevitably have
been crossed, but they plan to clarify this in detail.
Mr. Maschi then gave the Commission an overview of the drainage
study he performed on the area and its surrounding drainagel-T
areas . As noted previously, they propose extending First Street
to Swampscott Road. They also would like to construct a roadway
from Willson Street to First Street which would serve as the main
entrance to the residential portion of the project. Further, a
road will be constructed from Marlborough Road to First Street
which has been suggested by the Planning Department as the best
entrance from Highland Avenue and the most feasible in terms of
traffic patterns , etc .
The main concern of the Conservation Commission as Mr. Maschi sees
it is the 500-600 acres of watershed which affects the proposal.
In preparing his study, he divided the area into eighteen separate
• drainage areas. Calculations were done on ten, twenty-five , fiftty,
and one-hundred year storms . He noted that the area along Swamp-
scott Road, even with no construction whatever , cannot handle drain-
age of a ten year storm capacity. Mr. Maschi went on to explain
that there is an existing retention area abutting the golf course
which has an elevation of twenty-five and a 4 x 4 culvert. Based
on 100-year storm calculations , this 4 x 4 culvert will allow
170 cu. ft/sec . to discharge with a head of eight feet. Off Jef-
ferson Avenue , there is an existing triple 36" culvert which allows
174 cu. ft./sec. of discharge . These two areas provide excellent
drainage with no modifications whatever.
The Swampscott Road area is a different situation. The existing
drainage is severely restricted. It cannot adequately handle the
water at all. Therefore , aasystem was devised of controls to try
to eliminate the problem here and retain the water in natural areas
to eventually drain to the two aformentioned drainage areas . They
propose constucting a retention pond which will collect run-off
from ninety-two acres off Highland Avenue . They would retain the
water with a control structure which would evenutally allow the
water to drain to the existing retention area abutting the golf
course . The pond would be aesthetically pleasing and serve as a
water supply for the golf course . The control structure would be
a relatively simple dam type of structure and would be designed
to'minimize the impact on the existing retention basin. Essentially
the flow to Swampscott Road would be diverted. The contours of the
land would be changed to accomodate the industrial park and their
40 intent is to reduce the run-off to Swampscott Road by 40%.
Minutes of Meeting--June 9, 1983 Page 3
• A slight increase (50 cu.ft/sec . ) in run-off is anticipated to
Thompson's Meadow, but by reducing the run-off from Swampscott
Road by 40%, there is almost a balance , so there is no problem
to Thompson' s Meadow.
Six Phases of construction will take place in the condomimium phase
of the project. The commercial and industrial sections will be
constructed first. They wish to work toward an Order of Conditions
which perhaps could be amended as the individual phases are com-
pleted. The time frame is four to six years , depending upon sales ,
etc The Mayor, Building Inspector, Planner, City Engineer, recently
inspected the area and Mr. Maschi expressed confidence in their
ability to do this type of project.
In response to a question from Glenn Yale ; Mr. Maschi stated they
may start construction as early as August.
Richard Femino asked if the drainage system would be set up initially
and Mr. Maschi replied that the pond where the control is to be
plus the retention pond (A) abutting the golf course (over which
the railroad tracks run) , are critical. The control will be
designed so that water will stay in one retention pond for a
maximum of two hours .
Philip Moran noted that the control structure will be located in
the land which will revert to the City as conservation land and
• Mr . Maschi concurred.
Philip Moran asked when they plan to take title to the land for
the project and Mr. Serafini replied that they plan to build
the industrial portion first , together with doing the road 'con-
struction and will take title in phases . Mr. Moran asked what
happens if the industrial phase of the project is completed and
they decide to pull out of the rest of the project and Mr. Serafini
replied they will simultaneously be doing the golf course for which
the company put up a bond. The history of the company is excellent.
Mr. Maschi added that just constructing the industrial park alone
with the added drainage changes would eliminate many of the problems
on Swampscott Road.
James MacDowell expressed some concern that the run-off anticipated
for Thompston' s Meadow emanating from the industrial portion of
the project and causing a potential contamination of the well
fields located in the Meadow. Mr. Maschi replied this can be con-
trolled by permits .
Glenn Yale asked if there will be public access to the pond where
the control structure is to be located. Mr. Maschi replied it
will be the City' s pond, but the structure will be part of the
condominium association' s maintenance agreement. He added there
will be little ar?no maintenance to this control structure .
•
Minutes of Meeting--June 9 , 1983 Page 4
• Regarding Thompson' s Meadow, Philip Moran expressed some concern
for the increase in run-off and all. the Engineers agreed this
was relatively minimal.
James MacDowell asked if they had any long-term erosion control
plans as yet. Mr. Maschi replied they plan to use silkscreen and
hay bales ; however beyond that they have not worked out a plan
until they find out what their final construction areas are to be .
He noted they have had great success with rough cobble rip-rap
which they put on the slope in a twelve inch layer, lay loam on
top, then plant grass . Within six months , the slope is very strong.
Regarding the pond partly on conservation land , Glenn Yale wished
Mr. Maschi to clarify if this would be a pond with public access
and Mr. Maschi replied that they will consider an easement to this
effect if the Commission wishes .
Upon the motion of Raymond Lavender and second of Philip Moran,
a sub-committee consisting of James MacDowell, Glenn Yale , Chris
Hagger, and Richard Femino was appointed to work with Fafard
and make recommendations to the full board regarding the Order of
Conditions . It was so voted.
Upon the motion of Raymond Lavender and second of Richard Femino ,
the public hearing will be continued. It was so voted. _
• HORTON STREET--INSPECTION
Members of the Commission will inspect an area of potentials vio-
lation on Horton Street on Monday evening, June 13 , at 6: 00 p.m.
MINUTES
Upon the motion of Raymond Lavender and second of Richard Femino,
the minutes of the previous meeting were approved as amended. It
was so voted.
RONALD GAUTHIER
A Council Order addressing the issue of the Sunoco Service Station
on Highland Avenue has been forwarded to the Commission. Upon
perusal of all past minutes relating to the subject, as well as
communications between Mr. Gauthier and various City officals , it
was the consensus of the Board that the Commission had made it
clear to Mr. Gauthier that any alteration of the wetland requred
a Notice of Intent. A letter will be sent to the Council and Mr.
Gauthier reiterating this fact.
tNEW BUSINESS
Two sets of plans have been received bythe Commission for comments .
They will be discussed further at our next meeting.
• There being no further business , a motion was made to adjourn. Ha-
ving passed unanimously, the meeting was adjourned at 9: 50 p.m.
Resptflly ubmitted,
Dale E. Yal , Clerk
%ON CO'tf
C Conservation Commission
Salem. Massachusetts 01970
ASS�����
AGENDA--June 23 , 1983
1. Public Hearing--John Keane
2 . Fafard
3. Input re proposed zoning change by A. V. Fletcher
4 . Approval of Minutes
5. Old Business
6 . New Business
•
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Nz Conservation Commission
Salem. Massachusetts 01970
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MINUTES OF MEETING
June 23 , 1983
The Salem Conservation Commission met at One Salem Green, second
floor conference room on Thursday, June 23 , 1983 . Present were
Christopher Hagger, Raymond Lavender, Glenn Yale , and James Mac-
Dowell ( 8: 55 p.m. ) . Philip Moran, Alice Akatyszewski, Richard
Femino , and Associate Member Paul Willis were absent.
Vice-chairman Glenn Yale called the meeting to order at 8: 10 p .m.
PUBLIC HEARING--JOHN KEANE
Glenn Yale read the notice of the Public Hearing. Mr. Keane was
present to discuss his proposal for a single-family house within
one-hundred feet of a wetland. He also reminded the board that
this lot was the lot for which a compromise was worked out with
the Commission, the City Solicitor , and the owner, due to some
ambiguity in the original deed as to the actual lot line . Mr. Keane
noted that this compromise was agreeable to him completely. He
then proceeded to show the Commission his proposed plan.
Susan Madison asked at what level is bottom would be and Mr. Keane
replied 15.3 . Susan noted that by law it must be at 15 .36 and
Mr. Keane was agreeable to this . In response to a question from
Chris Hagger, Mr. Keane noted he planned to build the majority of
the basement above ground and would clapboard over part of it to
provide a harmonius design with the neighborhood.
Chris Hagger asked how much excavation is planned and where he
plans to put any excavated material and Mr. Keane replied he plans
to slope so the lawn will slightly pitched toward the street.
Any excess material after excavation will be taken away.
Susan Madison asked at what elevation the street is and Mr . Keane
replied it is at 18 . 5 or 19, so now drainage comes from the street .
Chris Hagger asked what type of footings were planned for the foun-
dation and Mr. Keane replied they will be the standard 2 x 10' .
Chris asked what material he will be building on and Mr. Keane
replied that 24"down it is gravel. Further, in response to a ques-
tion from Chris Hagger, Mr. Keane noted there will be underground
utilities--sewer and water. Susan Madison noted he should check
with the City Engineer regarding sewer and water.
Chris Hagger asked if he had a finish contour plan and Mr. Keane
replied there really will be no change in contours--6" or less ,
Chris asked if , when the deck is cantilevered over the slope it
will adversely affect the vegetation and Mr. Keane replied it
affects the toe of the slope only, plus the vegetated area is not
shaded.
Minutes of Meeting--June 23 , 1983 Page 2
• Susan Madison asked how he planned to anchor his deck and Mr.
Keane replied the footings will be down three to four feet and
supported from that.
Glenn Yale asked if the egress from the deck is on to the marsh
and Mr. Keane replied there will be no exits off the deck . Susan
Madison asked if he would be anchoring the deck to the bank and Mr,
Keane replied in the affirmative .
Chris Hagger asked if any erosion problems are anticipated and
Mr . Keane replied he will plant whatever the Commission recommends
to hold the bank . Chris noted the position of the house will
be rather precarious if any further erosion occurs . Mr. Keane
noted ,his first floor will be at elevation 23. His footings will
be at elevation 15. Chris replied that if the footings are at
15 and the toe of the slope is at 18 , erosion could be a problem
Mr. Keane replied he will protect against this potentiality. ,Chris
noted this a critical problem. The slope is 1: 1.5 which is fairly
steep, so erosion is of significant concern. The Commission will
try to find out a good type of vegetation to suggest.
Chris asked if Mr. Keane had any plans for the footings and Mr.
Keane replied that as a contractor he has done this type of work
many times . Glenn Yale asked if the footings will be reinforced
and Mr. Keane replied in the affirmative . Chris asked if the
Building Inspector had required any drawings of the footings and '
• Mr. Keane replied that he felt that a foundation plan was all that
was required.
Susan Madison -felt some detail of the porch would be helpful. Mr.
Keane replied it was relatively standard. Chris Hagger felt the
Commission would require a detail of footings and relationship of
etle7distr"bution to the slope . The Commission also noted that th
corner of the garage at the corner of the slope was also a critical
area and details of these two areas are needed. Mr. Keane will
supply the additional information for our next meeting.
FAFARD
Ji
James MacDowell expressed some concern regarding" the response of
DEQE to the filing of Fafard. The possibility of obtaining some
further input from DEQE regarding this project was discussed.
The sub-committee on Fafard will meet on Wednesday, July .13 , 1983 ,
at 8:00 p.m. at Glenn Yale ' s home and will report to the full
Commission on July 14. The possiblity of the Commission ob-
taining the services of a consultant for this project will also
be considered further.
PROPOSED ZONING CHANGE
Upon the motion of James MacDowell and second of Raymond Lavender
a letter will be sent to City Engineer Fletcher endorsing his idea
of addressing any type of excavation or filling in new zoning
language . It was so voted.
Minutes of Meeting--June 23 , 1983 Page 3
• MINUTES
Upon the motion of James MacDowell and second of Chris Hagger, the
Minutes of the previous meeting were approved. It was so voted.
There being no further business , a motion was made to adjourn. Having
passed unanimously, the meeting was adjourned at 9:45 p.m.
Res �ecnt-fully submitted,
Dale E . Yale
Clerk
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Salem. Massachusetts 01970
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MINUTES OF MEETING
July 14, 1983
The Conservation Commission met at One Salem Green, second floor .
rsd 1 1983 . Present were Philip
conference room on Thursday, July 14P
Moran, Glenn Yale , Raymond Lavender, James MacDowell, and Chris-
topher Hagger. Richard Femino , Alice Akatyszewski, and Associate
Member Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8: 01 p.m.
PUBLIC HEARING--BOUCHER/TREMBLAY, LINDEN AVENUE
Chairman Philip Moran read the notice of the public hearing. Mr,
Charles Johnson of Hancock Survey gave an overview of the proposal.
On Lot 1, Mr. Tremblay proposes to construct a single-family
home to the rear of the lot, with a deck which would be in the
buffer zone. The house proposed for Lot 2 would not be in the buf-
fer zone , but construction would have some impact on the pond.
• Mr. Johnson noted that the final grade for Lot 1 would include
removing a portion of the berm at the edge of the pond. Glenn
Yale asked who put the berm there in the first place and Mr. Trem-
blay replied it was put there several years ago. He is in posses-
sion of pictures which were taken prior to the construction of
the berm and felt it was placed there in the late 195O' s .
Several members of the Commission expressed concern that the bank
be disturbed--there is specific reference to "natural" banks in
the wetlands regulations . The question is whether this bank is
considered natural. Some direction from DEQE will be sought in
this matter.
Chris Hagger noted that he felt there were two ridges which were
to be leveled off and Mr. Johnson replied in the affirmative ;
however only one is shown on the plan.
Glenn Yale asked what the final grade in relation to what is now
there shall be and Mr. Johnson replied it will be four feet higher.
James MacDowell referred to the wetlands regulations and noted
there may be a problem with the disturbance of the bank--there
is a potential of erision. He suggested the applicants provide
a detail as to how they plan to control erosion and sedimentation
in the pond until there is surface coverage . Mr. Johnson agreed,
adding that the critical question is the erosion problem and what
effect taking the berm down will have on the pond and the poten-
tial for flooding.
1
Minutes of Meeting--July 14, 1983 Page 2
-• Chris Hagger asked if there was any significant vegetation present
and it was agreed this will be looked into .
Pending the input from DEQE regarding the bank and the erosion
question, there is nothing further the Commission can do regarding
this petition at present.
Mr. John Hourihan of 2 Wilfred Terrace expressed some concern for
the drainage problems on the street., He felt there should be
some construction of catch basins now that the open space surround-
ing the pond is to be constructed upon. Commission members noted
that if indeed there was a drainage problem in the future , those
constructing the new homes would be the first to suffer the con-
sequences , so they are urged to address the drainage problem fully.
Upon the motion of Chris Hagger and second of Raymond Lavender,
the hearing will be continued until July 29. It was so voted.
JOHN KEANE--RIVERBANK ROAD
It was the consensus of the Commission that the calculations pre-
sented this evening for Mr. Keane do not adequately address the
areas of concern. Calculations for the foundation are critical,
as well as cross-sections of the- South and West corners of the
proposed structure . Mr. _Keane will return at our next meeting with
the requested information.
MINUTES
Upon the motion of Glenn Yale and second of Raymond Lavender, the
Minutes of June 23 , 1983 , were approved. It was so voted.
KERNWOOD BRIDGE
A copy of a letter sent from the Beverly Conservation Commission
to Cat Cove Marine Laboratories was read for the record (attached
hereto and made a part hereof) . A Cease and Desist order was
served to the contractors sandblasting Kernwood Bridge due to the
potentially hazardous lead paint chips landing in the Danvers
River. A meeting of the Beverly Commission is being held this
evening to address this issue .
Upon the motion of Raymond Lavender and second of James MacDowell,
a letter of support for the actions the Beverly Conservation Com-
missionhas taken regarding this matter will be sent. It was so
voted. -Pending further .action' by the Beverly Commission, the
Salem Conservation Commission may also write to several agencies
to address this problem. It was felt that the Hazardous Waste
Division of DEQE , the Army Corps of Engineers , and the Board of
Health in Salem should all be part of any action taken.
Minutes of Meeting--July 14, 1983 Page 3
FAFARD
Regarding the question of the considered legal filing date for
the Fafard project, Philip Moran reported he had met with Attorney
John Serafini and ProjectEngineerRobert Maschi had a return re-
ceipt card from DEQE with the simultaneous filing date of the
Commission. It was decided that the Subcommittee will continue
to work on this project and Mr. Serafini will be invited to our
next meeting to discuss what is needed to begin an Order of Con-
ditions . The question of Fafard hiring a mutually-agreeable con-
sultant for this project was discussed and will be discussed with
Mr. Serafini.
NEW BUSINESS
A letter from B & M Railroad regarding theirproposed spraying
operation will be referred to Richard Femino for his input.
A letter from City Engineer Fletcher regarding the operation of
the Tide Gates was read to the Commission.
There being no further business , a motion was made to adjourn.
Having passed unanimously, the meeting was declared adjourned at
9: 50 P.M.
Res ectfully submitted,
0Q,Q e ce �—
Dale E. Yale
Clerk
•
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2 z Conservation Commission
Salem. Massachusetts 01970
� ASS,
AGENDA--July 28, 1983
1. Tremblay/Boucher--Linden Avenue
2. John Keane--Riverbank Road
Joan Boudreay--Extension of Order of Conditions
3. Fafard
4. Winter Island Marina--Preliminary Discussion
5. Approval of Minutes
6. Old Business
7. New Business -
1
.S(ON Cpt
Conservation Commission
Salem. Massachusetts 01970
HASSNCa
MINUTES OF MEETING
July 28, 1983
The Commission met at One Salem Green, second floor conference room on Thurs-
day, July 28, 1983. Present were Richard Femino, Raymond Lavender, Glenn
Yale, James MacDowell, Christopher Hagger, Alice Akatyszewski, and Philip
Moran. . Associate Member Paul Willis was absent.
Chairman Philip Moran called the meeting to order at 8:01 p.m.
TREMBLAY/BOUCHER--LINDEN AVENUE
Mr. Colin Peters of DEQE was contacted regarding the removal of part of the
berm surrounding the pond. It was his opinion that the proposal could be
done according to the plan, but he urged the Commission to make sure any
distrubed vegetation would be replaced and emphasized erosion control--
hay bales should be placed end to end to prevent sedimentation to the pond.
Richard Femino had previously inspected the area and found no vegetation
which will need to be replaced; therefore, the Order of Conditions will
• address the matter of erosion control.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
hearing was closed. It was so voted.
Upon the motion of Raymond Lavender and second of Alice Akatyszewski, the
Order of Conditions with language addressing erosion control was endorsed.
It was so voted.
JOHN KEANE--RIVERBANK. ROAD
James MacDowell and Philip Moran had met with Mr. Keane's engineer on the
site earlier this evening and it was decided that the garage will be moved
three feet closer to the street which will give five feet from the founda-
tion to the embankment. Further, railroad ties will be placed on the bank
to improve the stability.
Chris Hagger asked what the slope of the existing bank was and James MacDowell
replied it was 1:1. Chris asked if there was any vegetation and Jim replied
there was some. Chris asked if the bank was stable and Jim replied he felt
upon inspection it was relatively stable, but any distrubances during con-
struction could be a problem, so the railroad ties were suggested.
Upon the motion.-of Raymond Lavender and second of James MacDowell, the
hearing was closed. It was so voted.
Upon the motion of James MacDowell and second of Raymond Lavender, the Order
of Conditions referencing the amended plans, upon review by a member of the
Commission, was endorsed. It was so voted.
Minutes of Meeting--July 28, 1983 Page 2
• JOAN BOUDREAU -- EXTENSION OF ORDER OF CONDITIONS
Mrs. Boudreau was present to request an extension of the Order of Conditions
granted to her on February 28, 1980 (File # 64-57) . She plans to build a
pier and float at 409 Lafayette Street and will use the exact same plan as
was presented in 1980. Mrs. Boudreau was apprised of the fact that she will
need an extension from the Army Corps as well.
Upon the motion of James MacDowell and second of Raymond Lavender, the
Order of Conditions issued on February 28, 1980, was extended for three
years. It was so voted with Philip Moran abstaining. (He is an abuttor to
the property in question) .
FAFARD
Attorney John Serafini and Engineer Robert Maschi were present to update
the Commission on the proposal. Mr. Serafini reported that the project
was proceeding and they are working on the areas of concern expressed in
the draft EIR from the State.
Concerning the magnitude of the project, Mr. Serafini suggested that a staff
member of HMM Associates in Waltham, who have prepared the majority of the
draft report, be employed to work with the Commission on the project.
Mr. Serafini gave an overview of the company and two of the individuals he
would like to suggest. The Commission felt this was a sound plan.
• There follow6d several minutes of discussion as to the way an Order of
Conditions should be issued. It was the suggestion of Mr. Maschi that
an Order be written which could be amended as the project progressed. He
added it would be impossible to address every facet of a project of this
magnitude at one time. Individual site plans will be submitted for each
phase of the project. In response to a question from Glenn Yale, Mr.
Maschi stated he anticipates twelve separate phases, possibly more.
It was further noted that some of the questions the sub-committee had re-
garding the project were being addressed in the EIR. It was felt that a
meeting after the completion of the EIR in two to three weeks would be help-
ful. James MacDowell added that a preliminary phased plan would be helpful
as well. Mr. Maschi stated he had no problem with presenting a site plan
for each phase. A meeting with the sub-committee, Mr. Maschi, and the
consultant will be held in late August and the sub-committee will report
back to the Commission in September.
WINTER ISLAND MARINA--PRELIMINARY DISCUSSION
Mr. Daniel Lynch, engineer for Salem Sound Development, was present to dis-
cuss some preliminary ideas for the proposed 150-slip marina on Winter Island.
In response to a question from Chris Hagger, Mr. Lynch stated he anticipated
it would take approximately nine months to construct the marina once the
needed permits, etc. were obtained. He stated they would like to use as
many of the existing caissons as possible in construction.
•
Minutes of Meeting--July 28, 1983 Page 3
• James MacDowell stated that the Commission will be interested in the type
of construction of permanent structures; alteration of drainage channels, etc.
Mr. Lynch stated they have no intention of doing any dredging and they in-
tend to go out approximately 1000' into the harbor with slips that will be
moored and tied. He is interested in the "cribbing" technique at present.
Chris Hagger asked about utilities and Mr. Lynch replied they plan to put
utility stations at each slip. They also plan a central building with two
washrooms and an area for washers and dryers.
Richard Femino raised the question of pump out facilities for the holding tanks.
Also of some concern is the actual septic system they anticipate using.
James MacDowell added that any fuel dock areas will also need to be addressed.
Philip Moran asked how the timbers will be treated and Mr. Lynch replied that
he anticipates using pressure treated wood similar to what has been used at
Pickering Wharf.
Mr. Lynch added that they will use what caissons they can and anticipate
constructing a pier of 15' x 12'x' x 3' . What caissons they do not use will
be disposed of in the best possible way. James MacDowell felt that the caissons
could not be saved.
• Chris Hagger stated that a detail of the septic tank storage would be required,
and generally anything constructed within 100' of the water or had adverse
impact on the water would be under the jurisdiction of the Commission.
MINUTES
Upon the motion of Alice Akatyszewski and second of Raymond Lavender, the
Minutes of July 14 were approved with the correction of two typographical
errors. It was so voted.
OLD BUSINESS
Philip Moran had received word from the Marblehead Consnrvation Commission
that one of the tide gates was not working properly and there was an erosion
problem beginning to occur on the Marblehead side. The matter will be re-
ferred to the City Engineer.
Regarding the B & M RR spraying program, Marblehead will also be apprised of
this due to the potential of a problem in Thompson's Meadow.
NEW BUSINESS
Upon the motion of James MacDowell and second of Alice Akatyszewski, there
will be no meetings of the commission in August. The next meeting will be
on September 8, 1983. It was so voted'.
Minutes of Meeting--July 28, 1983 Page 4
The Clerk had received a call from Judy Skinner of COAST who suggested that
Paul Willis could perhaps give the Board an update on COAST'S activities.
If Paul is unavailable for our next meeting, a meeting will be arranged with
Ms. Skinner.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was adjourned at 10:02 p.m.
Respectfully submitted,
4/ a 8 �-
Dale E. Yale
Clerk
•
z Conservation Commission
Salem. Massachusetts 01970
e
ASSI �
AGENDA--SEPTEMBER 8, 1983
1. Pickering Wharg--Certificate of Compliance
2. Moose Lodge--Public Hearing
3. Ronald Gauthier--Highland Avenue
4. Approval of Minutes
5. Old Business
6. New Business
•
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No Conservation Commission
Salem. Massachusetts 01970
NASS
MINUTES OF MEETING
September 8, 1983
The Commission met at One Salem Green, second floor conference room,
on Thursday, September 8, 1983. Present were Alice Akatyszewski,
James MacDowell, Glenn Yale , and Philip Moran. Raymond Lavender,
Richard Femino , Christopher Hagger, and Associate Member Paul Willis
were absent.
Chairman Philip Moran called the meeting to order at 8:10 p.m.
PICKERING WHARF--CERTIFICATE OF COMPLIANCE
Upon the motion of Alice Akatyszewski and second of James MacDowell,
a Certificate of Compliance was issued to the Pickering Wharf pro-
ject (DEQE # 64-63, 64-64) . It was so voted, four in favor, none
opposed.
MOOSE LODGE--PUBLIC HEARING
• Due to the fact the petitioners had not notified their abuttors of
the hearing, the hearing will be postponed until September 22, 1983 .
Jim MacDowell felt there were some issues regarding the proposal
which should be addressed and he suggested the Commission inspect
the site again before the public hearing. The Commission will view
the property on Saturday, September 17 , 1983 , at 9: 00 a.m.
RONALD GAUTHIER--96 HIGHLAND AVENUE
Mr. Gauthier has appeared before the Commission in the past and
noted he is still here in an unofficial capacity. He is not
ready to hire an engineer to address the matter of filling around
his property, which is a wetland area, but he would like permission
to clean up around the swale , i. e . cut some of the vegetation, etc .
to increase useable space on his property.
James MacDowell felt he should file a Notice of Determination and
it was noted he had done so for other work in the past. Philip
Moran referred to a site plan the Commission has on file and asked
Mr. Gauthier to point out where he plans to cut, etc. Mr. Gauthier
did so , adding the vegetation is very thick .
The Commission engaged in several moments of discussion regarding
Mr. Gauthier' s larger problem of not being to use his property
•
Minutes of Meeting--September 8, 1983 Page 2
• to its best potential. The Commission again stressed the need for
drainage studies and engineering drawings to work out the best
possible solution. Mr. Gauthier noted the stream presently is
"nearly dry. " It was noted by the Commission, however, that the
area is the scene of many water problems and care is needed not
to exacerbate them. Pkilip Moran read a copy of a letter from the
City Engineer confirming that the stream must be maintained as it
is a natural run-off area. Mr. Gauthier emphasized that what he is
proposing now is an interim project.
It was decided to inspect this area on Saturday, September 17 after
the Moose inspection.
MINUTES
Upon the motion of Alice Akatyszewki and second of James MacDowell,
the Minutes of July 28, 1983, were approved. It was so voted, four
in favor, none opposed.
OLD BUSINESS
A letter from the Ashland Conservation Commission regarding their
experience with the Fafard Company was read by Philip Moran. It
was noted the sub-committee on Fafard will meet on Tuesday, Septem-
ber 13, 1983, at 7: 30 p.m. A report will be made to the full Com-
mission on this meeting at our next regular meeting.
A letter addressing a wetlands issue on Barnes Road was read and
Jim MacDowell will look into the matter and report back to the
Commission at our next meeting.
A copy of letter sent to the City Engineer regarding the Winter- Is-
land Marina was read and some discussion as to the proposal ~took
place .
It was noted that a great deal of the bank abutting the Tremblay
property on Linden Avenue had come down during bulldozing. The
Clerk noted that the Planning Board addressed this problem in their
Wetland/Special Permit public hearing.
NEW BUSINESS
Upon the motion of James MacDowell and second of Alice Akatyszewski,
Philip Moran shall be empowered to enter into agreements deemed
necessary on behalf of the Commission. It was so voted, four in
favor, none opposed. Two such areas were discussed one on Pope
Street which Philip Moran will look into and one on 78A Webb Street,
which the City Engineer has recommended remain under City ownership.
All correspondence referred to above is attached hereto and made a
part hereof.
•
Minutes of Meeting--September 8, 1983 Page 3
• Concern was expressed by several members of the Commission as to
the progress of the Phase V sewer project through a sensitive
marsh, wetland, and conservation area. The City Engineer will be
contacted regarding this matter.
There being no further- business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 9: 30 p.m.
SrIReectfully submitted,
Dale E. Yale
Clerk
•
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Q�A�Yr OFFICE OF
o�zMaR4 z A RAW CONS�RV� O COMMISSION
X• � �eae. .b
CASs' ASHLAND, MASSACHUSETTS 01721 - -
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AUG 3 0 1983
August 29, 1983
SALEM PLANNING DEPT.
Town of Salem
Conservation Commission
Salem,, Massachusetts
Attention: Mr. Philip D. Moran
Dear Mr. Moran:
With regard to your correspondence,dated June 30, 1983, this Commission
has been involved with the Fafard Company for ten years. This company
had built several hundred homes, and condominiums, a commercial complex
and a light industrial project in this community.
The design and execution of these projects have been most satisfactory.
The large retention basins constructed have preformed extremely well and were
adequately sized to receive the 100 year design storm they were intended
to handle.
• As with all projects of such magnitude, problems have arisen during const-
ruction, that were not forseen during design. This Commission has always
found that the Fafard Company is most amenable in dealing with such problems.
The company offices are easy to reach and are interested in getting the
job done correctly.
If you have any more questions, please feel free to ask.
Very truly yours,
ohn R. ertorelli,P.E.
Chairman
•
2 Barnes Avenue
Salem, MA 01970
July 30, 1983
Ms. Susan Madison
Conservation Aide
CONSERVATION COMMISSION
City of Salem, Massachusetts
Salem, MA 01970
Dear Ms. Madison:
As of the above date, my filling project has not been
completed. However,, the property has been seeded with rye
grass, per your request.
• In lieu of hay, which was requested by your department,
I have had large rocks laid along the base to prevent run—off.
I feel in time, the marsh hay would rot away, perhaps causing
a future problem, therefore, I feel that the rocks will serve
a longer purpose in this matter.
An on—sight inspection would be welcome at your convenience.
If you have any further questions regarding this matter, please
. feel free to call me at 744-6472. Thank you.
Sincerely,
David L. Madsen
•
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DANIEL J. LYNCH P. r•..,
210 Washington St., Marblehead,Moss. 01.945 — ENGINEERING K CONSTRUCTION
• 631.6145
Aug. 9, 1983
Mr, Anthony Fletcher
City Engineer
One Salem Green
Salem, MA 01970
Dear Sir, Re: Salem Sound Development Corp,
Winter Island Marina
To reiterate our conversation in your office on Pion. Aug 8
I summerize as follows;
Several matters were brought un and discussed; the appropriate
authorities were delineated as follows;
sanitary- Health officer and Dept. It was suggested we
• test the area and observe some perculation tests
water - you inform me that there is an 8" main available
for tapping
eleccric - we agreed to aprroach 1dew England Electric .
sewer discharge - I will contact SESD for the exact loca-
tion of their discharge pipe
license . - we agreed that a builders license frdm...the City
of Salem and a Mass, Professional Engineer' s
were sufficient to encompass both design and
construction.
clean up - specifically the old caissons that are in ruin
at the site. By cony of this letter we inform
you that we intend to begin clean-up operations
immediately as regards the above.
Thank you for the time to review this project; as agreed we
intend to keep you informed out of courtesy for your office,
to insure . compatability during construction between the City
and ourselves and for the assistance your office and yourself
can be to us
• ,e y ruly ours,
D h, E.
copy: Salem Conservation Commission, Atty Philip Moran, Chairman
BACHOROWSKI & FORSSTROM
Attorneys at Law
• 81 WASHINGTON STREET
SALEM, MASSACHUSETTS 01970
(617) 744-5100
222 CABOT STREET
JOSEPH A.BACHOROWSKI,SR. BEVERLY,MASSACHUSETTS 01915
H.ALLAN FORSSTROM,R
(617) 922-3434
September 1 , 1983
Mr . Raymond G . Lavender
Chairman, Conservation Commission
City of Salem
One Salem Green
Salem, Massachusetts 01970
Re: land located off Pope Street in Salem
Dear Mr . Lavender:
Enclosed please find
( 1 ) photocopy of letter to Stephen Lovely , President , Salem
• City Counsel , dated January 20 , 1983 ,
( 2) photocopy of letter to Stephen Lovely , President , Salem
City Counsel , dated February 10 , 19839
(3 ) photocopy of property area and abutting land area, and
(4) Conservation Commission Approval Form.
I believe that the enclosures are self-explanatory and would ask
that you review the same.
If further clarification of the proposal is necessary , please do
not hesitate to phone me .
Your response will be forwarded to Brian O ' Kefe, Chairman of the
Community Development Committee, to whom this matter has been
referred to by the Salem City Counsel .
Thank you for your attention to this matter.
Very truly yours ,
• H . Allan Forsstrom
HAF :msb
Enclosures
BACHOROWSKI & FORSSTRO:yl
Attorne.vs at. Law ® 0
• 61 %VASHINGT0\ STREET 6 oke
SALEM, \IASSACHtiSETTS 01970 - d'
(617) 744-0100
222 CABOT STREET
JOSEPH A.BACMOROMS KI,54. BEVERLY, MASSACMVBETTE 01915
M.ALLAN GORS6TROM.O _
16171 922-3939
January 20, 1983
Stephen Lovely, President '
Salem City Counsel
93 Washington Street
Salem, Massachusetts 01970
Dear President Lovely and Members of the Counsel :
I represent Elmer H. Warner and Eleanor Warner, the owners of a piece of land off
Pope Street, Salem, Massachusetts (please see attached Exhibit 1 ) . This parcel
of property contains approximately 26,330 square feet of land. Of this 26,330
square feet of land, however, only 19.88 feet is on Pope Street (please see
attached Exhibit 2) . Land owned by the City of Salem abuts the Warner property
• on three sides.
Mr. and Mrs . Warner are interested in purchasing a small triangle of land which
abuts,'this parcel on the southwest edge (please see attached Exhibit 3) ; said
parcel runs 85 feet along Pope Street , 19.89 feet along land now of the City of
Salem, and 87 . 50 feet along the existing property of the Warners . The square
footage which is the subject of this inquiry is approximately 845.33 square feet .
Purchase of this property would provide the frontage on Pope Street necessary for
the Warner's property to qualify for a building permit . The City of Salem would
accrue additional tax moneys once the land is developed.
If the City Counsel is interested in the sale of this property to the, Warners, I
am prepared to make an immediate offer on behalf of my clients .
Should you have any questions regarding this request, please do not hesitate to
contact me directly.
Very truly yours, ---
H. Allan Forsstrom
HAF:msb
Enclosures (3 Exhibits)
•
BACHOROWSKI & FORSSTROM %Z
ATTORNEYS AT LAW
81 WASHINGTON STREET o�
• SALEM. MASSACHUSETTS 01970 1j
15171 744-6190
JOSEPH A.BACHOROWSKI
H.ALLAN FORSSTROM,11 222 CABOT STREET
BEVERLY,MASSACHUSETTS 01915
' February 10, 1983 16171922-3434
Stephen Lovely, President
Salem City Counsel
c/o Mrs. Josephine Fusco, Sec.
93 Washington Street
Salem, Massachusetts 01970
Re: Intention of Elmer Warner to purchase city-owned land off Pope Street, Salem
Dear Pres. Lovely and Members of the Counsel:
The following information is forwarded to you to supplement my letter of January
20, 1983.
I have expressed to you the desire of Mr. and Mrs. Elmer Warner to purchase an
• area of city-owned lana off Pope Street in Salem. This piece of property which
my client has expressed a desire in purchasing has an area of approximately
85.33 square feet of "land. At this time, I would like to offer $750.00 as a
purchase price for this property.
My clients have a secor.•.d proposal which I would like to present to the Counsel
for consideration: to exchar.ge a portion of the land owned by the Warners which
is adjacent to the city-owne-i land on the North, North Westerly border of their
property for city-owned land on the South, South Westerly border. (please refer
to attached Exhibit l) The land which my clients would deed to the City is
colored in blue; the land the City would deed to my clients is co ore 1n yellow.
This exchange would provide a greater area for a City Park. It would also be
easier to fence the park area if the boundary was straighter than it is at the
present time. A large:- contiguous piece of land would make the property more
useful for its designated purpose -- being a public park.
The Warners would gain more land along Pope Street from the exchange. This
would qualify the lot under the zoning regulations for development.
The area which the City would receive appears to be larger in area than the piece
which the Warners would receive. A proper survey would have to be made prior to
finalyzing the terms of the exchange of land.
Other than costs for the survey, no money would be passed either from the Warners
to "he City of Salem or from the City of Salem to the Warners.
•
z
Re: . Intention of Elmer Warner to purchase city-owned land off Pope Street, Salem
•
Please review the two proposals and if the City Counsel is willing to consider
either proposal, please contact me. I am available to the City Counsel if any
further information is requested.
I await your response.
Very truly yours,
hz
H. Allan Forsstrom
HAF:msb
Enclosure
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Deparimeni of Publir Works
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ANTHONY V. FLETCHER. R.P.E. WILLIAM F. HAIGHT, JR.
DIRECTOR OF PUBLIC SERVICES ASSISTANT DIRECTOR OF PUBLIC SERVICES
CITY ENGINEER
September 2, 1983
TO: BRIAN O' KEEFE
CHAIRMAN
COMMUNITY DEVELOPMENT COMMITTEE
FROM: A. V. FLETCHER
SUBJECT: LAND PURCHASE REQUEST
78A WEBB STREET, JAMES W. SHEA
Attached is plan of land at Andrews and Webb adjacent to 78A Webb Street.
The City went to great length to obtain this land (circled in red) , expressly
for public access to the Cove walkway. The way also provides access for maintenance
and police vehicle access.
Based on the above facts, I do not declare the property surplus, nor do I believe
it would be in the best interest of the public that anyone propose to declare this land
surplus.
cc: Building Inspector /
Conservation Commission ✓
Planning Department
z Conservation Commission
Salem. Massachusetts 01970
5
�yMASS,.�N°
AGENDA--OCTOBER 13, 1983
1. Continuation of Public Hearing--Moose Landfill
2. Public Hearing--Winter Island Marina
3. Public Hearing--Phase V Sewer Project
4. Extension of Order of Conditions--NEPCO
5. Approval of Minutes
6. Old Business
7. New Business
L
%)N coy'y,
Nz Conservation Commission
Salem. Massachusetts 01970
5�
ess,
AGENDA--May 12, 1983
1. Approval of Minutes
2. Sunset Road
3. Moose
4. Fafard
5. Highland Realty Trust
6. Old Business
7. New Business
•
•
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z Conservation Commission
Salem. Massachusetts 01970
KAS'
MINUTES OF MEETING
May 12, 1983
The Conservation Commission met at One Salem Green second1
oor
conference room on May 12 , 1983. Present were Chris Haggerf Alice
Akatyszewski, Raymond Lavender, James MacDowell, Glenn Yale , and
Associate Member Paul Willis. Richard Femino and Philip Moran
were absent.
Vice-chairman Glenn Yale called the meeting to order at 8:14 p.m.
and acknowledged the appointment this evening of James MacDowell
as a voting member of the Commission and continued expertise of
Paul Willis as Associate Member of the Commission.
MINUTES
Upon the motion of James MacDowell and second of Alice Akatyszewski,
the minutes of April 28, 1983, were approved as amended. It was
so voted.
RIVERBANK ROAD
• Philip Moran, Paul Willis and James MacDowell had inspected the prop-
erty to which City Solicitor Richard Stafford alluded at our last
meeting. They felt there seemed to be sufficient room to put in
a single-family house. However, the embankment appears to be un-
stable. A letter will be sent to City Solicitor Stafford stating
the� Commission has no objection to the proposed compromise , but
for any alteration of the property a Notice of Intent will be re-
quired. James MacDowell noted that the house size would have to
be limited and Paul Willis added that there is clear cut vegeta-
tion on the site , so they will have to come before
the Commission
MOOSE
Mr. McLaughlin was present on behalf of the Moose Lodge . Chris Hagger
raised the issue of sampling. He felt that perhaps before any work
was started data be obtained on the brook at both high flow and low
flow. Then samples can periodically be obtained during the filling
to see if there were any changes. Assuming asphalt was used as
a fill material, testing for benzene and sodium should be done ;
if construction debris is used that contains pipes , testing for
asbestos fibers, iron and manganese should be done . Ph turbidity,
specific conductant and total suspended solids should also be
done . Testing should be done quarterly during filling, then once
or twice a year after it is completed.
Glenn Yale read the letter listing the proposed fill materials and
• James MacDowell noted the only material specifically addressed
Minutes of Meeting--May 12 , 1983 Page 2
•
in the Wetlands Regulations were bricks. Glenn Yale asked for a
definition of "subsoil" (as stated in the regulations) , and James
MacDowell replied it is that portion between loam and clay or
gravel and is somewhat organic in nature .
Mr. McLaughlin expressed concern for construction activity going
on two lots away from the Moose which could have a detrimental
impact on the Moose project. Susan Madison commented that this
project was Mr. Rick Ragone 's who had previously obtained an
Order of Conditions for his proposed project and was unable to
proceed due to engineering and construction costs. He has now
asked for an extension of his Order of Conditions and has al-
ready employed hay bales to lessen the impact on the wetland.
Susan further noted that this project is downstream of the Moose ,
so the impact on their property is minimal. James MacDowell fur-
ther stated that it was not the intention of anyone on the Com-
mission to hold the Moose Lodge responsible for anyone but their
own property. Mr. McLaughlin felt Mr. Ragone may have impact on
his property by changes in elevation, etc. Also , the design of
the culvert could be affected. Paul Willis replied that work
being done on Ragone 's land will not have any inpact on the Moose
property.
Mr. McLaughlin stated they are waiting to file their Notice of• In-
tent pending the receipt of minutes from the last meeting and this
evening's meeting.
Glenn Yale spoke to the supposed issue of an adversarial relation-
ship between the Commission and the Moose Lodge . This is not the
case at all and the Commission wishes to cooperate fully with
the Moose Lodge. Paul Willis added that it is in the Lodge' s best
interests to work with the Commission as well to insure the best
possible fill material to adequately support a building.
FAFARD
There was some confusion as to the actual purpose of the meeting
held with Fafard representatives and some members of the Commission.
It was felt that the issue of accepting the filing of the Notice
of Intent for Fafard under the "old" regulations should have been
discussed before any actual vote was taken. It was noted that
there were really no "old"regulations for inland, therefore ,
perhaps the new regulations should be used at least as a guide-
line in administering this project.
Upon the motion of Chris Hagger and second of Alice Akatyszewski,
the vote taken on May 4, 1983, is to be reconsidered and the
ramifications and pros and cons of the proposal are to be discussed
in greater detail. It was so voted. Further, several questions
•
Minutes of Meeting--May 12, 1983 Page 3
from an engineering standpoint need to be answered. Chris Hagger
and James MacDowell felt that some of their questions
• the calculations and the engineer's use of the rational method.
Chris also felt the impact of the project on the South River Flood
Control Project should be discussed with Tony Fletcher.
HIGHLAND REALTY TRUST
Both Glenn Yale and Philip Moran had expressed concern regarding
the fill on the Burger King site . It seems to be growing in size
and it was suggested it be inspected again. They are still under
a Cease and Desist and Susan Madison, Alice Akatyszewski and John
Serafini will inspect the area again and report back to the Com-
mission.
OLD BUSINESS
Regarding the Barnes Road inspection, Susan Madison was assured
that hay bales would be placed, etc. during the work being done
on the property. Susan will check the area again; meanwhile
Paul Willis suggested a letter addressing the Commission's concerns
as to the slopes, etc. be sent. He suggested they consider hydro-
seeding with Rye Grass Fescew to protect the slope . The consensus
of the Commission was that this was a good idea.
Paul Willis noted that once again problems with the North River
have been observed. He will check it out. Upon the motion of
• James MacDowell and second of Raymond Lavender, Paul Willis has
been designated as an agent of the Conservation Commission. It
was so voted.
NEW BUSINESS
Paul Willis attended a meeting with the Regional Administrator of
the EPA regarding SESD. Representatives from Marblehead Conser-
vation Commission, Mass. Audubon, and the Ipswich River Watershed
Association also attended. It is Paul's recommendation that a
letter be drafted to send to EPA addressing the Commission's con-
cerns regarding SESD. Upon motion made by Alice Akatyszewski and
seconded b Raymond Lavender, t ' 1
Y and Ym this will be done. It was so voted
and Paul Willis will draft the letter.
Regarding the extension of the Order of Conditions for Rick Ragone ,
Paul Willis will get some background on this from Brian French and
will report back to the Commission by our next meeting.
There being no further business, a motion was made to adjourn.
Having passed unanimously, the meeting was declared adjourned
at 9s4o p.m.
Re ectfully submitted,
��
Dale E. Yal 6y�
•
Clerk
Y' l 0 0 0
ons
on
Salem. Massachusetts 01970
NOTES- ON INFORMATIONAL MEETING RE FAFARD PROPOSAL--MAY 4, 1983
An informational meeting of the Salem Conservation Commission was
held on May 4 , 1983, at One Salem Green, second floor , to discuss
the proposal for Fafard and Sons , Inc , for Highland Avenue , Wilson
Street, Swampscott Road, and First Street. Present were Chairman
Philip Moran, Raymond Lavender , Richard Femino , and Christopher
Hagger. Also present were Attorney John Serafini, City Engineer
Anthony Fletcher , Fafard Vice-President Robert Maschi, and Con-
servation Aide Susan Madison.
Chairman Philip Moran called the meeting to order and explained that
the purpose of the meeting was to hear preliminary drainage plans
regarding the area and to determine the legality of the filing of
the Notice of Intent which was filed on March 25 , 1983 , prior to
the effective date of the new Wetlands Regulations .
Attorney John Serafini stated that an explanation was needed of the
scope and size of the project which will be taking place over the
next five years . Part of the project includes an arrangement with
the Park and Recreation Commission for the addition of nine holes
to the Municipal Golf Course and an entrance into that area from
• Willson Road, Plans are underway to have Richard Stafford, City
Solicitor , arrange the transfer of this property to Fafard. Ten'
acres of land will be designated as conservation land as part of
this arrangement as well. A golf course consultant will be re-
tained shortly and legislation is now being drafted to pursue this
part of the project . The entire scope of the project includes a
combination of residential and industrial development which will
be an enhancement to the City. It is the largest undertaking for
Salem in many years . An Environmental Impact Statement is now in
progress as well as a MEPA Review. What they are asking is for an
opinion from the Commission Conservation as to whether the applica-
tion can be allowed under the old regulations . The 21-day re-
view requirements will be waived by the petitioner.
Mr. Robert Maschi , a registered professional engineer and vice-
president of Fafard presented a report of the drainage study they
have recently completed of the area. Calculations made during
the study were also presented to the group (attached hereto and
made a part hereof). The entire site of the proposed project
was surveyed, as well as 500 acres of watershed and an additional
200 acres which will contribute to the drainage . The watershed
area was divided into eighteen areas and calculations were done
according to the 100 , 50 , 25 , and 10-year storms . Mr. Maschi
described first a basin (basin A on his study) as a "perfect
retention area. This basin abuts the golf course and is culverted
• under the railroad tracks and provides a good storm-control area.
The existing drainage system on Swampscott" Road does not adequately
Fafard meeting--May 4, 1983 Page 2
• handle the water in the region. The City already owns an area (Basin C)
which is used for retention, so the Fafard proposal would add to
this retention area for control by the City. They would like to
divert water from the Swampscott Road area toward this proposed
area for approximately two hours of storage time . Subsequently
would drain into Basin A (described earlier) . Two other additional
areas (Basins D & E) are proposed. They would be used to divert
water from Swampscott Road into Basin C . Basin B would be enlarged
and deepened to act as a watering and supply pond for the golf course .
Further, they would like to come in from Willson Road throught the
golf course with a road to connect to property to First Street.
He emphazised that their intention overall is to reduce the water
problems on Swampscott Road by approximately 40%. The flow even-
tually will end up in Thompson' s Meadow and will be increased by
approximately 50 cf/s , but Mr. Maschi felt this increase was negli-
gible . A controlled structure is planned for Basin C and overall
what is proposed will be an improvement over what it is now.
The 100-year storm at Pond A is 22 feet and the railroad tracks are
at 25 feet , so there is no danger of water breaching the tracks .
Mr. Maschi emphasized the fact that they must be allowed to
apply under the old regulations . The new regulations would not
allow them the flexibility to improve the Swampscott Road drainage
conditions . Under the new regulations a maximum of 5000 square
feet of wetland'displacement is allowed which has to be replaced.
• They wish to work with the Conservation Commission so that a good
project will be done which will be an asset to the City. They will
not go ahead without a great deal of planning, but need the flex-
ibility of the old regulations .
Chris Hagger asked how many major water courses come from Highland
Avenue (he noted that this area is already a major source of prob-
lems) . City Engineer Tony Fletcher replied there are two and no-
ted that he has serious problems with Swampscott Road; the water
ends up either in Thompson' s Meadow or at Jefferson Avenue where
he has the pumping station.
Richard Femino expressed concern for the effects this plan may
have on Thompson' s Meadow. Mr. Fletcher replied the plan is a
good one--the water ends up in the same places , just by different
routes . Mr. Maschi added the kep is the 4 x 4 control structure
they plan for Basin A . This basin will handle
the 100-year storm
without breaching the railroad track . He added he met with a
golf course architect and without a controlled holding area , they
cannot build the nine holes--or it would be extremely difficult.
This plan will solve serious City water problems .
Chris Hagger asked if the control system was passive and Mr. Nlaschi
replied in the affirmative . They will control the elevations with
spillways, etc. Tony Fletcher noted that this study has been dis-
•
Fafard meeting--May 4, 1983 Page 3
•. cussed with all the appropriate groups .
Chris Hagger stressed the importance of the impact of the water qual-
ity. Testing of the present conditions of the water should be made
and periodic testing during the entire project should be planned.
Mr. Maschi replied they had not addressed this as yet, but plan
. to take all precautions needed; i. e , hay bales , etc. to prevent
siltation.
Chris Hagger asked if they plan to obtain water quality data and
also monitor the quality during construction and Mr. Maschi they
have not addressed this matter as yet. Tony Fletcher noted
this could be made a condition and the City would test and do
the monitoring.
Richard Femino stressed the importance of protecting the saltmarsh.
Mr. Maschi agreed, but added that overall it seems the project
would be an improvement to many serious problems in the City.
There followed some discussion as to the use of the rational
method of calculation. Both Mr. Maschi and Mr. Fletcher agreed
that this was the more conservative method. Chris asked what
the existing "c" value was based upon and Mr. Maschi replied
it was based on inspection plus slopes , and other factors such
as hot top, etc. Mr. Fletcher added he intends to photograph
• the area from the air and Chris Hagger said this would be helpful
to the Commission.
Regarding the issue of old vs. new regulations% John Serafini
stated that they had discussed the ,issue ;with City Solicitor Staf-
ford and they are all convinced that the Conservation Commission
can make this determination. Richard Stafford is comfortable
with the Commission making the decision. He noted that Beverly
had recently gone through a similar experience . He added that
Fafard has waived all time constraints.
Chris Hagger asked what the major problem with the r w regulations
were and Mr. Maschi the 5000 sq. ft. limitation and replacement in
kind of the wetland, plus several "gray areas" . He added he
could not do the drainage controls for this job to lessen the im-
pact on Swampscott Road under the new regulations. It was econom-
ically unfeasible . Tony Fletcher agreed that the new regulations
would not allow the planned drainage changes proposed for the
Swampscott Road area. Susan Mladison commented that they are not
eliminating any wetland, but Mr. Maschi replied that they could
not create an in-kind type of area.
John Serafini stated that the City Solicitor has stated the Com-
mission has the right to make the determinatioh. He added that
the issue should not be old vs , new regulations as much as the
• creation of a good project with all the proper controls . He noted
the reputation of the Fafard Company. Both Mr. Serafini and Mr .
Fletcher noted that, the time factor is of utmost importance .
�. " —
Fafard meeting--May 4, 1983 Page 4
• Upon the motion of Raymond Lavender and second of Richard Femino ,
the Notice of Intent as filed on March 25 , 1983 , will be accepted
and administered under the old regulations . There were three votes
in favor and one abstention.
There being no further discussion, the meeting was adjourned .
Resp , ctfully submitted,
T& e
Dale E . Yale
Clerk
•
•
HIGHLAND ACRES - SALEM, MA.
��'g
OWNER and Highland Realty Trust �� :o.;,
PETITIONER The Fafard Companies g E. ,
Iv WiASCHI
H'ss
ENG'R and L.S. : Robert E. Maschi 90.2CIS
36
•�ONALEa
' Run-Off Calcs. By "Rational Method" (0 = Aci)
,
1100 = 3.0 inches in one hour
1 50 = 2.6 inches in one hour
1 25 = 2.3 inches in one hour
1.10 = 1.8 inches in one hour
• Pipe Capacities Using: Seelye Design (18-06)
Total [dater Shed Area: 492± Acres
Allowable Q Factor on existing drain pipes and culverts are
all figured on a 100 year storm to show maximum impact.
Total Water Shed Area was divided into 18 seperate sections
to determine existing and proposed run-off conditions.
I
I
•
• RATIONAL METHOD: Q = Aci = Cu. Ft. per Sec.
DRAIN AREA in 110
AREA IN nC 100 100
NO. ACRES EXIST. PROP. EXIST. PROP. EXIST. . PROP.
1 92± 0.2 0.2 5.2 5.2 96 96
2 14± 0.5 0.6 6.5 6.9 48 58
3 18± 0.4 0.7 5.3 6.9 38 100
I
4 10± 0.4 0.7 6.0 7.0 24 49
5 6± 0.4. 0.7 6.0 7.3 14 31
6 10± 0.4 0.6 6.2 6.8 25 41
7 10± 0.3 0.4 5.8 6.0 18 24
8 12± 0.3 0.4 5.8 6.0 21 29
9 16± 0.3 0.5 5.8 6.2 28 50
• 10 4± 0.3 0.5 6.2 6.5 8 13
11 4± 0.3 0.5 6.0 6.2 8 12
12 12± 0.2 0.5 5.7 52 14 37
13 34± 0.2 0.4 5.4 6.0 37 82
14 14± 0.3 0.4 5.2 5.8 22 33
15 20± 0.2 0.2 4.8 4.8 20 20
16 22± 0.2 0.2 4.2 4.2 19 19
171 60± 0.2 0.2 4.3 4.3 52 52
18 134± 0.4 0.4 4.8 4.8 258 258
TOTAL 492± 750± 1004±
• RATIONAL METHOD:
DRAIN AREA "i" "
AREA IN C 50 450
NO. ACRES EXIST. PROP. EXIST. PROP.- EXIST. PROP.
1 92± 0.2 0.2 4.8 4.8 88.3 88.3
2 14± 0.5 0.6 5.8 6.2 40.6 52.1
3 18± 0.4 0.7 4.8 6.2 34.6 78.1
4 10± 0.4 0.7 5.5 6.3 22.0 44.1
5 6± 0.4 0.7 5.5 6.8 13.2 28.5
6 10± 0.4 0.6 5.7 6.0 22.8 36.0
7 10± 0.3 0.4 5.2 5.5 15.6 22.0
8 12± 0.3 0.4 5.2 5.5 18.7 26.4
9 16± 0.3 0.5 5.2 5.7 25.0 45.6
• 10 4± 0.3 0.5 5.7 5.8 6.8 11.6
11 4± 0.3 0.5 5.5 5.7 6.6 11.4
12 12± 0.2 0.5 5.0 5.7 12.0 34.2
13 34± 0.2 0.4 4.8 5.5 32.6 74.8
14 14± 0.3 0.4 4.8 5.2 20.2 29.1
15 20± 0.2 0.2 4.2 4.2 16.8 16.8
16 22± 0.2 0.2 3.7 3.7 16.3 16.3
17 60± 0.2 0.2 3.8 3.8 45.6 45.6
i
18 134± 0.4 0.4 4.2 4.2 225.1 225.1
I
TOTAL 492± 662.8 886.1
• RATIONAL METHOD:
DRAIN AREA n "i^ "Q"
AREA IN C 25 25
NO. ACRES EXIST. PROP. EXIST. PROP.. EXIST. PROP.
1 92± 0.2 0.2 4.2 4.2 77.3 77.3
2 14± 0.5 0.6 5.2 5.5 36.4 77.0
3 18± 0.4 0.7 4.2 5.5 30.2 69.3
4 10± 0.4 0.7 5.0 5.8 20.0 40.6
5 6± 0.4 0.7 5.0 6.2 12.0 26.0
6 10± 0.4 0.6 5.1 5.5 20.4 33.0
7 10± 0.3 0.4 4.7 5.0 14.1 20.0
8 12± 0.3 0.4 4.7 5.0 16.9 24.0
9 16± 0.3 0.5 4.7 5.1 22.6 40.8
10 4± 0.3 0.5 5.1 5.2 6.1 10.4
• 11 4± 0.3 0.5 5.0 5.1 6.0 10.2
12 12± 0.2 0.5 4.5 5.1 10.8 30.6
13 34± 0.2 0.4 4.2 5:0 28.6 68.0
14 14± 0.3 0.4 4.2 4.7 17.6 23.5
15 20± 0.2 0.2 3.8 3.8 15.2 15.2
16 22± 0.2 0.2 3.3 3.3 14.5 14.5
17 60± 0.2 0.2 3:4 3.4 40.8 40.8
i
18 134± 0.4 0.4 3.8 3.8 203.7 203.7
i
TOTAL 492± i 579.1 824.9
•
• RATIONAL METHOD:
DRAIN AREAil ""' ^ "
AREA IN C 110 410 .
NO. ACRES EXIST. PROP. EXIST. PROP.- EXIST. PROP.
1 92± 0.2 0.2 3.5 3.5 64.4 64.4
2 14± 0.5 0.6 4.3 4.7 30.1 39.5
3 18± 0.4 0.7 3.5 4.7 25.2 59.2
4 10± 0.4 0.7 4.1 4.8 16.4 33.6
5 6± 0.4 0.7 4.1 5.2 9.8 21.8
6 10± 0.4 0.6 4.2 4.6 16.8 27.6
7 10± 0.3 0.4 3.9 4.1 11.7 16.4
8 12± 0.3 0.4 3.9 4.1 14.0 19.7
9 16± 0.3 0.5 3.9 4.2 18.7 33.6
10 4± 0.3 0.5 4.2 4.3 5.0 8.6
• 11 4± 0.3 0.5 4.1 4.2 4.9 8.4
12 12± 0.2 0.5 3.8 4.2 9.1 25.2
13 34± 0.2 0.4 3.6 4.1 24.5 55.8
14 14+_ 0.3 0.4 3.5 3.9 14.7 21.8
15 20± 0.2 0.2 3.1 3.1 12.4 12.4
16 22± 0.2 0.2 2.6 2.6 11.4 11.4
17 60± 0.2 0.2 2.7 2.7 32.4 32.4
18 134± 0.4 0.4 3.1 3.1 166.2 166.2
492± 487.7 658.0
Refer to Drainage Plan
•
A. Drain Areas No. 1, 2, 3, 4, 11, 12, 13, 16, 17 and 18 flow
from Highland Avenue through the Golf Course and exits at
the existing 4' x 4' box culvert at Boston 6 Maine Railroad
tracks. The watershed area consists of approximately 400±
acres and slopes from 5% to 20%.
B. Drain Areas No. 5, 6, 7, 8 and 9 (total 54± Acres) flow
from approximately 1,000' inside the project area and enters
Swampscot Road at various locations to "Thompsons Meadow".
C. Drain Areas No. 10, 14 and 15 (total 38± Acres) flow from
approximately 1,000' inside the project area and enters
directly into "Thompsons Meadow".
D. Storage area on the Golf Course, along the railroad tracks,
• consists of approximately 28± Acres to elevation 25.0± which
is critical. The railroad tracks will be breached at any-
thing above the 25 foot elevation.
1. Storage Capacity equals 7,300,000 Cu. Ft. or
Approximately 54,600,000 Gallons.
2. Existing Culvert Allows: 170± C.F.S.
3. x100 (Exist.) equals 594± C.F.S.
4100 (Prop.) equals 763± C.F.S.
4. Storage Time equals 3.4 hours.
5. Maximum Elevation of flooding for 100 year
storm equals 22.5 feet. '
6. Conclusion: The .Storage Area with the. exist-
ing culvert make an excellent storage basin
and control structure as they presently exist;
also controlling flows to the existing three
• 36" culverts on Jefferson Avenue.
• E. Storage Area along the proposed road through the Golf Course
at Station 15 + 0 to 23 + 0 collects most of the run-off from
Drain Area. No. 1 and is approximately 6± Acres. Our intent
is to construct a 1± Acre pond for retention and to water
the greens on the Golf Course, but not to impede the flow of
water or create any additional flooding. Street drainage
would also be added to this storage area for maintaining a
constant water level.
F. Storage Area at No. 13 is the second most critical retention
area within the project and enters the proposed Golf Course
Road at Station 33 + 0. The outlets for this area should be
modified, for a 100 year storm, to retain water levels at
Elevation 100.0± and to control its outflow at a constant rate.
In doing so, we will be able to divert much of the run-off that
presently flows to Swampscot Road, thus reducing the problems
with existing culverts and drains, which would presently be
• inadequate to handle a storm of this size. The storage time
that this elevation would be maintained is approximately 2 hours.
G. Storage Areas at No. 8 and 12 would be converted into ponds and
retention areas which would work in conjunction with diverting
run-off from Swampscot Road. The proposed pond at No. 12 would
be controlled to a maximum water level of Elevation 113.0±.
The proposed pond at No. 8 would be controlled to a maximum water
level of Elevation 120.0±.
Both proposed ponds would also receive street drainage. i
I
r
FLOW PATTERN - 100 YEAR STORM
DRAINAGE PROPOSED
AREA EXIISTING FINAL
NO. EXISTING PROPOSED 100 4100 .
1 Basin "B" to "A" Same (96) 96 c.f.s.
2 Basin "C" to "A" Same (48) 58 c.f.s.
3 Basin "C" to "A" Same (38) 100 c.f.s.
4 Basin "C" to "A" Same (24) 49 c.f.s.
5 Swampscott Road Basin "C" to "A" (14) 31 c.f.s.
6 Swampscott Road Basin "C" to "A" (25) 41 c.f.s.
7 Swampscott Road Same (18) 24 c.f.s.
8 Basin "E" to "C" to "A Same
(21) 29 c.f.s.
9 Swampscott Road Thompsons Meadow (28) 50 c.f.s.
10 Thompsons Meadow Same ( 8) 13 c.f.s.
11 Swampscott Road Same ( 8) 12 c.f.s.
12 Basin "D" to "C" to "A" Same
(14) 37 c.f.s.
13 Basin "C" to "A" Same (37) 82 c.f.s.
• 14 Thompsons Meadow Same (22) 33 c.f.s.
15 Thompsons Meadow .Same (20) 20 c.f.s.
16 Basin "A" Same (19) 19 c.f.s.
17 Basin "A" Same (52) 52 c.f.s..
18 Basin "A" Same 258 258 c.f.s.
EXISTING PROPOSED
RUN-OFF AREA 8100 4100
Swampscott Road 93± c.'f.s., 36± c.f.s.
Thompsons Meadow i 50± c.f.s 116± c.f.s.
Basin "E" 21± c.f a. 29± c.f.s. .
Basin "D" I14± c.f.s. 37± c.f.s.
Basin "C" 147± c.f.s,. 361± c.f.s.
(2 hour storage)
Basin "B" 96± c.f.s. 96± c.f.s.
Basin "A" 329± c.f.s. 329± c.f.s.
(3 hour storage)
_ rn
CONCLUSION: (Based on 100 Year Storm)
The Preceeding calculations, with the proposed retention areas and
control structures, show the following results: '
1. The run-off to Swampscot Road would be reduced from
approximately 93± c.f.s. to 36± c.f.s. , by almost 40%,
thus substantially eliminating the drainage problems
that can be anticipated in the existing drainage system.
2. The Run-off to Thompsons Meadow would be increased from
approximately 50 c.f.s. to 116± c.f.s. ; however, due
to the size and storage capacity of this area, also the
decrease in run-off from Swampscott Road, there would
be a minimal impact to Thompsons Meadow and the down-
stream properties.
3. Controls of Basin "E" and "D" which flow directly to
Basin "C", with a storage time at Basin "C" of approxi-
mately 2 hours, would keep, outflows at the same or re-
• ducedrate after construction of the project as now flow
without any construction.
4. Control of Basin "B", which flows to Basin "A", would
maintain a no increase in run-off.
5. Existing Basin "A" of approximately 28± Acres and its
4'..x 4' box culvert, provide more than 3 hours of stor-
age time for over 54,000,000 gallons of water. This
Basin makes an excellent natural storage area as `it
presently exists, also controlling flows to the existing
triple 36" culverts on Jefferson Avenue.
I6. The overall drainage pattern is greatly improved with
the proposed storage areas and their control structures,
also by diverting flows from overloaded drainage areas
to less critical areas, the downstream properties will
have a much reduced flooding crest after completion of
the project. These conclusions are derived from the cal
• culations based on a 100 Year Storm and it should be noted
that the impacts based on a 50 Year, 25 Year and 10 Year
Storm show even greater control and less impact after con-
struction than before construction.
,.xoN Col
z Nz Conservation Commission
Salem. Massachusetts 01970
ASS(.C�v�
AGENDA--MAY 26, 1983
1. Approval of Minutes
2. DelPero--Order of Conditions
3. Ragone--Extension of Order:of Conditions
4. Old Business
5. New Business
•
•
J
v0N CQ It
z� z Conservation Commission
Salem. Massachusetts 01970
Vie'Nnssno�vy
MINUTES OF MEETING
May 26, 1983
The Conservation Commission met at One Salem Green, second floor conference
room on May 26, 1983. Present were Philip Moran, James MacDowell, Richard
Femino, and Raymond Lavender. Glenn Yale, Christopher Hagger, Alice Akaty-
szewski, and Associate Member Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8:05 p.m.
MINUTES
Upon the motion of James MacDowell and second of Richard Femino, the Minutes
of May 12, 1983, were approved. It was so voted.
DELPERO
Susan Madison gave the Board a background of Mr. DelPero's proposal for
a four-unit dwelling at 82 Webb Street. Mr. DelPero had requested the
Board hold issuance of an Order of Conditions pending further test
borings on the site. He has now submitted an amended plan based on this
• borings. Both Jim MacDowell and City Engineer Tony Fletcher have re-
viewed the plans and felt that if anything, the project was overdesigned.
The Order of Conditions shall reflect the new calculations. Upon the
motion of Richard Femino and second of Raymond Lavender the Order of
Conditions- for this project were approved. It was so voted.
RAGONE.
Susan Madison read a letter from Tony Fletcher addressing the request of
Mr. Ragone for an extension on his Order of Conditions. Mr. Rick
Ragone was present and agreed to the recommendations set forth in Tony's
letter (attached hereto and made a part hereof) . Richard Femino will
be. the. liason for this project and periodic inspections of the project
will Be made.
Upon the motion of James MacDowell and second of Raymond Lavender, the
extension was granted. It was so voted.
FAFARD
Philip Moran noted there was some question in several Commissioners' minds
as to whether the vote on the administration of this project under the
old regulations had been a bit premature. He felt that scheduling a
•
Minutes of Meeting--May 26, 1983 Page 2
• Public Hearing for Une 9, 1983, with the stipulation that all time limits
have been waived would be an appropriate place to address the concerns
the Commission has regarding this project.
James MacDowell stated he had discussed the matter further with Tony Fletcher
and noted that Fafard is in very early stages of planning at this point. There
is ample time for the Commission to get the calculations they need to pro-
perly review this project. He added that he was uncomfortable in the be-
ginning, but the public hearing process can be the area to pose all necessary
questions. As far as administering under the old regulations is concerned,
he is comfortable with the March 25, 1983 filing.
Upon the motion of Raymond Lavender and second of Richard Femino, the Commission
has determined they can administer the proposed project under the March 25, 1983
filing. It was so voted.
Upon the motion of James MacDowell and second of Richard Femino, the public
hearing for the project will be held on June 9, 1983. It was so voted.
NEW BUSINESS
A letter from Tony Fletcher (attached hereto and made a part hereof) was read
which address the possibility of adding language to the Salem Code of
Ordinances, Article V. Excavation Section 26-126, "Permit Required." This
language would require a permit from the City Engineer before any land is filled,
• excavated, or ledge removal takes place. He would like input from the
Commission as to the final language to be recommended. Each Commissioner
will draft their recommendations for the next meeting.
It has come to the attention of the Commission that in order to repair
the tide gates at Lafayette Street some accumulated silt must be removed.
Some concern was expressed by the Commission as to how much,will be re-
moved and where it will be stored upon removal. Philip Moran will
speak to the City Engineer regarding this matter.
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was adjourned at 9:10 p.m.
Respectfully submitted
Dale E. Yale
Clerk
r
VoN coy'
z Conservation Commission
Salem. Massachusetts 01970
F, �5
yASSi
AGENDA--FEBRUARY 10 , 1983
1. Approval of Minutes
2 . Determination--New England Veterinary Clinic
3 . Highland Realty Trust
4 . Maine Post and Beam
5 . Trail Bike
6 . Moose Landfill
7 . Old Business
8 . New Business
•
•
.,'�IoN coy
?� z Cmservatim Commission
Salem. Massachusetts 01970
w
Fy'hASSnCav�
MINUTES OF MEETING
February 10 , 1983
The Commission met at One Salem Green, second floor, on Thursday,
February 10 , 1983 . Present were Raymond Lavender, Glenn Yale,
Philip Moran, and Associate member James MacDowell. Alice Akaty-
szewski, Christopher Hagger, Richard Femino, and Paul Willis
were absent.
There being no quorum, Chairman Philip Moran opened the meeting
for discussion at 8 :05 p.m.
DETERMINATION--NEW ENGLAND VETERINARY CLINIC
Attorney Robert LeDoux was present to discuss the petition of
the New England Veterinary Clinic to make an addition to their
existing building at 204 Highland Avenue. James MacDowell wished
to state for the record that his engineering firm had prepared
the drawings for this proposal.
• The building is owned by Dr. and Mrs . Kart who wish to add a
52 ' 6" x 34 ' 8" structure to the existing building plus a bi-
tuminous parking lot for seven cars . The addition will go no
closer to the wetland than the present building, but the parking
area will be within 100 ' of the wetland. There will be no
filling, removing, altering, etc. Hav bales will be placed on
the embankment during construction and the contours are not
changed.
Glenn Yale asked if any catch basins or gas trans were planned.
James MacDowell felt there was so little volume it was not
necessary.
There being no further questions, the 'matter will be tabled-- until
our next meeting.,
HIGHLAND REALTY TRUST
Attorney John Serafini and Mr. Dwver , engineer for Highland Realty
Trust, were present to discuss the fill being stored in the wetland
behind the Burger King on Highland Avenue. A letter from Mr.
Serafini to City Engineer , Anthony V. Fletcher addressing this
problem was read by Philip Moran (attached hereto and made a part
hereof) . Mr. Fletcher agrees that sixty days is a reasonable amount
of time to get proper engineering studies drawn to see exactly
• what has to be done . Mr. Serafini felt that much of this problem
was inherited and noted that the culvert still has not been
located.
• Minutes of Meeting--February 10 , 1983 Page 2
James MacDowell interjected that Mr. Fred Harnev of District 5
DPW had spoken to him regarding the culvert. It had indeed now
been located and cleaned and he had expressed some concern as
to the fill causing problems in the future.
Mr. Serafini replied that they are aware of the potential for
problems and will come back to the Commission with a full report
in sixty days.
Susan Madison noted that the Cease and Desist was served on
December 9 , 1982 , and two months have already _oast without anv
.resolution of the problem. If we wait another sixty days , four
months will have gone by without anv action whatsoever. Spring
run-off problems could cause a great deal of water Problems in
the area. Further, Tony Fletcher felt this Problem should not
wait until potential new owners assumed ownership of the Property.
Susan has spoken with Philip Moran, Richard Stafford, and Greg
Senko regarding this problem and an option has been recommended.
It was felt that if some sort of "red flag" could run with the
land, this would be the best way to handle the situation. There-
fore a lis: pendens has been recommended to alert any title
search that litigation is in process.
• Glenn Yale felt that the fill had changed dramatically from December
12 when the Cease and Desist was issued to the present. Mr.
Serafini categorically stated that all work was stopped upon re-
ceipt of the Cease and Desist order. He further stated that
the problem has been recognized, work has stopped, and a reasonable
attempt is being made to find the best wav to handle the problem.
City Engineer Fletcher felt this was a reasonable timetable and
he wishes to state that he feels a lis ' pendens , is inappropriate.
He further stated for the record that the Commission has his per-
sonal guarantee that this matter will be handled expediently and
reasonably. The people technically responsible for this project
feel sixty days is reasonable and he sees no reason to place any
future negotiations in this area in jeopardy.
Philip Moran felt that the discussions between Tonv Fletcher and
John Serafini change the complexion of the problem somewhat. April-
14
pril14 has now been targeted for review of this situation. If, at
that time, the matter is not resolved to the satisfaction of the
Commission, appropriate. action by the City Solicitor will be
recommended.
Mr. Serafini felt this was reasonable and noted that the Commission
was dealing with people who own property in the City and will not
leave.
• There being no further discussion on this matter, Mr. Serafini and
Mr. Dwyer were excused with the Commission's thanks .
r
Minutes of Meeting--February 10 , 1983 Page 3
•
MAINE POST AND BEAM/TEDE'SCO POND
Mr. Reid Blute of Maine.--Post and Beam and Mr. Bruce Poole of Sea
Plantations were present to discuss proposed work on the pond
which is part of the cluster development proposal of Maine Post
and Beam for the Tedesco Pond area in Vinnin Sauare. Mr. Blute
filed a Notice of Intent this evening and a Public hearing will
be held on February 24 , 1983.
Mr. Poole presented a detailed plan of the testing done on the
pond (attached hereto and made a Part hereof) . He has made several
recommendations to the developer to enhance the pond area and
create an ecologically-balanced environment. On the whole he
is extremely pleased with the results of the testing and feels
the pond can be brought back extremely well. He has made and
will be making several suggestions to Maine Post and Beam in-
cluding the stocking of the pond with a mosquito-eating fish to
biologically control the mosquitoes . Also several suggestions as
to plantings , etc. are being made to help control the algae, etc,
They further Plan semi-annual or annual testing of the pond to
keep a good track of the quality.
There being no further discussion, the gentlemen were excused with
• the Commission' s thanks .
TRAIL BIKE
The matter of the trail bike violation was continued until February
28 , 1983.
MOOSE LANDFILL
A public hearing will be held by the Board of Health on Tuesday,
February 15 , 1983 , regarding a proposed landfill for the area
behind the Moose Lodge. It is hoped as many Commission members as
possible will attend.
MINUTES
It was the consensus of the Commission that the minutes of the
previous meeting were acceptable.
There being no further business , the meeting dispersed at 9 :45 p.m.
Repectfully s mitted,
Ly n �.
Dale E. Yale
• Clerk
f
February 7, 1983
Mr. Anthony V. Fletcher
Director of Public Services
One Salem Green
Salem, Massachusetts 01970 .
Lear Mr. Fletcher; `
On my return, I reviewed the copy of letter sent to me which
you had addressed to the Conservation Commission concerning the Highland
Avenue situation as it pertains to Highland Realty Trust. I will recommend
to my clients that work on the plans you requested be Implemented immediately,
and that we review said plans with you as the work procReds so that an
overall presentable conclusion can be arrived at within 8 reasonable time.
As you have indicated, the detail necessary to come up with a
comprehensive solution will require some time to address In the manner of
physical on-site survey and engineering work,. I would like to suggest to the
Conservation Commission at their February 10th meeting that we will work
with your office, and will report to them in sixty days after having had an
opportunity to review our plans with your office.
If you agree that this is a reasonable timetable in view of the
complexity of the problem, please advise so that I can communicate that
to the. Commission when I meet with them.
Very truly yours,
JOHN R. SERAFINI, Esquire
JRS/cac
` 0N cob
z Conservation Commission
Salem. Massachusetts 01970
�y NASS n� AMENDED
MINUTES OF MEETING
February 24, 1983
The Commission met at One Salem Green, second floor, on February
24, 1983. Present were Philip Moran, Christopher Hagger, Glenn
Yale , Raymond Lavender, and Associate member James MacDowell.
Richard Femino , Alice Akatyszewski, and Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8: 07 p.m.
PUBLIC HEARING--MAINE POST AND BEAM/TEDESCO POND
Mr. Reid Blute of Maine Post and Beam was present to discuss their
proposal for Tedesco Pond, Vinnin Square . Following the reading
of the notice of the public hearing by Chairman Philip Moran, Mr.
Blute gave a detailed description of their proposal.
Mr. Blute explained that they have retained the services of Sea
Plantations of Salem to do analysis of the pond and make recommen-
dations as to improvements. The pond is a 3 .1 acre kettle hole
pond totally located within the property they propose to develop
• (7a acres) . The property is owned by Pond View Realty Trust and
is now vacant. The pond is a holding area for drainage primarily
from Vinnin Square ; there is an in-flow culvert at the upstream
end and an outflow at the downstream end. The 60" diameter in-
flow culvert was placed there as part of the DPW drainage project
several years ago .
Maine Post and Beam proposes to construct six four-unit buildings
around the pond. Mr. Blute emphasized that their first concern
regarding the pond is the oil and grease emanating from the Stop
and Shop area. They propose to construct an oil and sediment re-
tention area at the Vinnin Square in-flow culvert to help contain
the oil and grease . The area would be incorporated into a foot
bridge over the pond which would be part of a proposed jogging
track around the entire pond. In this way the oil and scum could
periodically be skimmed off. Further, a baffle which would con-
tain the sediment would be incorporated and could be periodically
pumped out. Mr. Blute noted this region (the in-flow end at Vin-
nin Square) is where the highest concentration of pollutants is
located. In order to filter this area further, a bio-mass filter
bar consisting of reeds , willows , etc. would be encouraged to fur-
ther filter the water from this area.
Any other drainage would emana a from the area of the buildings
and roads planned for the site . Rain water and run-off would be
handled chiefly by changes in topography and slope to channel
• run-off into catch basins which allow the water to leech through
gravel before draining into the pond. One central leeching area
is proposed for this purpose . An oil trap is anticipated for these
Minutes of Meeting--February 24, 1983 Page 2
•
catch basins as well. Mr. Blute noted that there are two other
culverts emanating from the Stop and Shop area. . These by far
are the cources of the most pollutants in the pond. They would
like to channel the flow from this area through a pipe located
behind the oil and sediment retention area for treatment.
The jogging �;track which is being planned would fit in to the con-
tours of the land as they now exist. The track would be set back _
from the pond so as not to disturb the natural bank . In the area-=
where the slope is steep, they would terrace up and cut a narrow
ledge to accomodate the path. With the exception of the sloped
area, the majority of the jogging path would have minimal effect
on the pond.
Just off the oil and sediment retention area, a waterfowl nesting
island is being planned to serve as a safe nesting area for water-
fowl and also to help divert the flow of influent from the Stop
and Shop drainage area.
A series of plantings are being planned around the pond and the
perimeter of the property. The steep embankment area, which is
now cov red with spillover asphalt from the Stop and Shop parking
lot, cause high-velocity run-off. They would like to remove the
paving and plant hardy specimens of evergreens to improve the
• aesthetics of the area as well as helping to minimize the erosion.
Along the bank of the pond they plan to augment the existing
aquatic vegetation with more . In the area where the banking is
the steepest, the plantings would be the most prevalent. They _
plan to install a wooden terrace board to provide a ledge for
these plantings . No unnecessary excavation is being planned
for the pond area beyond the removal of refuse and rubbish.'
The pond will be stocked with mosquito-eating fish to biologically
control the mosquitopopulation. Mr. Blute noted that the water
quality of the pond is relatively good. If they can control the
algae by avoiding excessive run-off from the use of loam and
fertilizers , they hope to continue the upgrading of the quality
of the.,pond.
Chairman Philip Moran openZO the meeting to questions from the
Commission members .
Chris Hagger asked who would be responsible for the maintenance
of the oil and sediment facility. Mr. Blute replied that the
Association of residents would be responsible for this function,
as well as the landscaping maintenance , etc. This would be part
of the ongoing maintenance of the property.
t,
Chris asked what specific plans they had for the 12" pipe which
• is located high on the bank. Reid Blute replied that they hope
Minutes of Meeting--February 24, 1983 Page 3
to block it up completely. They are in the process of investiga-
ting this possibility. However, if this is not possible , they
would put in an underground drain pipe set in a base of large
stone to direct the flow into the back of where the oil and sedi-
ment retention facility is located. , Chris asked if Mr. Blute had
any engineering drawings of the oil and sediment retention facility
and Mr. Blute replied in the negative . Chris asked how large this
facility would be and Mr. Blute replied that he anticipated the
facility to be between twelve and twenty feet and further described
the facility as forming the base of the footbridge which would go
over the inlet at the culvert opening.
P g
Chris Hagger expressed some concern as to how the Association
of residents would know when to clean out the facility. Mr. Blute
assured the Commission that this will be clearly spelled out.
Regarding the 30" drain, Chris asked if this would drain into the
same area, and Mr. Blute replied in the affirmative ; so all three .
drains would be channeled into the same collection area for treatment.
Chris Hagger asked about the biological filter being planned and
Mr. Blute explained that this would consist of selected natural
vegetation which would further filter out pollutants . The island
j is loczted just off the oil and sediment facility to help channel
the flow of water through this vegetation. Mr. Blute noted that
li the system is for the most part a natural one .
Chris Hagger felt that a critical part of the plan was to furnish .
the homeowners with a guide to the maintenance and cleaning of the
treatment facility. Mr. Blute agreed.
Chris asked if there was any drainage from Vinnin Street (Tedesco
a; St. ) towards the pond. Mr. Blute replied that it is only an indirect
flow from the parking lot.
i
Chris asked how they plan to build the island and Mr. Blute explained
they will use material excavated from the site . Plantings will
be added to the island to impede erosion.
Chris asked about the outlet from the pond and Mr . Blute noted it
is similar in size and design to the inflow culvert--50 " with a
head wall and grate . Other than possibly painting the grate , there
will be no substantive change to this culvert.
• James MacDowell noted that an overflow system should be planned
so as not to defeat their erosion control plans . Mr. Blute felt
this was a good idea.
i
Minutes of Meeting--February 24 , 1983 Page 4
•
Chris Hagger asked if there was anv drainage plan for the south-
east corner. Mr. Blute replied there was none at present. Thev
intend to build up the grades to pitch slightly towards the road
to channel to run off into the catch basins . Chris asked if roof
drains were anticipated and Mr . Blute replied in the negative .
In response to a question from Jim MacDowell regarding gutters ,
Mr. Blute said thev planned pitched roof dwellings with gutters
over doorways, etc. He added that foundation plantings are also
being planned which will help absorb run-off from the roof .
Chris Hagger asked the location of the pumping station for the
sewerage system and Por. Blute replied it would be in the vicinity_
of the catch basin opposite Peter Road.
While expressing general support for the plan, the Commission felt
that detailed engineering drawings of the oil and sediment basin
were needed, as well as plans for an overflow pipe into the
leeching field and specific plans for the maintenance of the
treatment facility were needed before the issuance of an Order
of Conditions . Upon the motion of Glenn vale and second of
Chris Haqqer, the public hearing was continued until April 14 ,
1983 . It was so voted.
• Upon the motion of Ravmond Lavender and second of Chris Haager,
a letter will be sent to the Board of Appeal expressinq sup-
port for the proposal as presented. It was so voted.
There being no further discussion, Mr. Blute was excused with
the Commission' s thanks .
SHAUnHNESSEY HOSPITAL
Mr. Ravmond LaBrecaue and Mr. Albert Levesque were present to
discuss the possibility of Shauqhnessev Hospital expanding their
Parking facilities. Mr. LaBrecaue noted that the hospital will
be accomodating 300 speech therapv patients in the near future
and more parking is necessary. Two areas are under consideration
by the Hospital--one is approximately 15, 000 square feet off
Dove Avenue which Mr. LaBrecaue feels would accomodate 50-75
cars . It would require some filling. The second area is on the
corner of Jefferson Avenue. The use of shuttle bus would be re-
auired.
Susan Madison expressed concern about both these areas being part
of the Southi'River Flood Control project. Even if filling were
done (and allowed) there was a good possibility of cars sinking.
In response to a question from Chris Hagaer, Mr. LaBrecaue said
they would like to pave this proposed narking lot as well.
•
,
• Minutes of Meeting--February 24 , 198$ Page 5
Susan Madison asked if thev had discussed this oronosal with
the City Engineer and Mr. LaBrecaue replied in the negative .
It was Susan' s suggestion that input from Tonv Fletcher be
obtained. In the meantime , she will find out what the require-
ments regarding building in the Flood Control area are and
get some input from DEQE. The Commission will also view the
two proposed areas again as well .
There being no further discussion, the gentlemen were excused
with the Commission"s thanks .
NEW ENGLAND VETERINARY�CLINIC-DETERngINATION
Upon the motion of Chris Hagger and second of Ravmond Lavender,
the Determination for New England Veterinary Clinic was an-
proved. It was so voted.
OLD BUSINESS
As soon as the weather permits , an insnection of Mr. DeCotis '
property is planned. Susan Madison noted that the time to
plant saltmarsh buds is in March, so this inspection should
• take place as soon as feasible.
The Trail Bike issue will be heard in District Court on Mondav,
February 28 , 1983 , at 9 : 00 a.m. Anv Commission members who
could attend are urged to do so.
Glenn Yale gave a brief report on the final Board of Health hearing
regarding the Moose landfill . The permission for a landfill was
denied.
MINUTES
Upon the motion of Raymond Lavender and second of Chris Hagger ,
the minutes of the two previous meetings were approved. It was
so voted-.
There being no further business , a motion was made to adjourn.
Having passed unanimously, the meeting was declared adjourned
at 9 :50 p.m.
Re pectfully submitted,
Dale E . Yale f
Clerk
•
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•
AON Cpif
�z Conservation Commission
• ;,(� Salem. Massachusetts 01970
f y v5
yASS
AGENDA--MARCH 10, 1983
1. Approval of Minutes
2 . Linden Avenue
3 . Maine Post and Beam
4 . DeCotis--appointment for inspection
5 . Old Business
6 . New Business
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z Conservation Commission
Salem. Massachusetts 01970
ASS
MINUTES OF MEETING
March 10 , 1983
The Commission met at One Salem Green, second floor, on Thursday,
March 10 , 1983. Present were Christopher Hagger, Paul Willis ,
Richard Femino , Glenn Yale , Philip Moran, and Associate member
James MacDowell. Raymond Lavender and Alice Akatyszewski were
absent.
Chairman Philip Moran called the meeting to order at 8: 00 p.m.
MAINE POST AND BEAM/TEDESCO POND
Reid Blute of Maine Post and Beam and Bruce Poole of Sea Planta-
tions were present to request that their public hearing be con-
tinued on March 24, 1983, and to file an amended plan reflecting
the requests of the Commission. Two letters addressing this mat-
ter were read by Chairman Philip Moran (attached hereto and made
a part hereof) .
Bruce Poole gave a synopsis of the proposal: The oil and sed-
iment retention basin would be constructed in the vicinity of
the influent culvert were the largest concentration of adverse
pollutants have been found. The basin would form a foot bridge
which would be incorporated into a proposed jogging track around
the entire pond. Surface scum trapped behind the bridge could
be periodically manually removed by means of a portable skimmer.
Silt and sediment would be periodically pumped out by means
of a septic tank pumping truck .
A sediment bar which exists to the northeast of the influent cul-
vert would remain. They would like to add to the plantings on
this bar so it would act as a natural filter to further improve
the quality.
Four catch basins will drain into two leaching fields to allow
natural filtration of water draining from the roadway into the
pond. Each basin will contain an oil trap and sediment collec-
tion sump. Mr. Poole emphasized that their calculations were
made taking into account the greatest degree of flood potantial.
Further, each leaching basin will be chambered and contain an
overflow pipe.
Philip Moran asked how large the oil and sediment baffle will be .
Mr. Blute replied it will be two feet in depth and 110 feet in
length. Chris Hagger asked how it would be constructed and Mr.
Blute stated it will be manually constructed by the use of a gas
• driven pile driver. Chris asked how far down the piles will go
and Mr. Blute replied between five and seven feet. He further
noted the baffle will be constructed out of wood and will sit
approximately 6" off the bottom.
Minutes of Meeting--March 10 , 1983 Page 2
• Richard Femino asked if any chemical control of algaeblooms was
anticipated and Mr. Poole replied in the negative .
Chris Hagger asked if any discussion regarding the Stop and Shop
drain had taken place and Mr. Blute replied in the negative ;
however, Health Agent Bob Blenkorn plans to help in this area.
Paul Willis asked if Stop and Shop salted their parking lot and
Mr. Poole replied that their testing did not show large concen-
trations of salt.
Chris Hagger asked what the life of wooden baffles would be and
Mr. Blute replied their life would be quite long; particularly
where they are submerged. They would be protecting the wood with
cu$rinol, however.
In response to a question from Glenn Yale , Mr. Blute noted that
approximately 40% of the pond budget would be eliminated if the
desired density of 24 units was not approved.
There being no further discussion, it was agreed the public hear-
ing will be continued on March 24, 1983.
MINUTES
• Upon the motion of Chris Hagger and second of Paul Willis , the
minutes of February 24, 1983 , were approved as amended. It was
so voted.
DECOTIS
A letter will be sent to Mr. DeCotis requesting a statement of his
intentions within seven days of receipt.
OLD BUSINESS
The Trail Bike matter was continued without a finding, carrying a
$50.00 fine and six months probation.
Upon the motion of Glenn Yale and second of Paul Willis , a Cer-
tificate of Compliance for Clayton Smith was approved. It was
so voted.
An effort will be made to get some input from DEQE regarding the
new Wetlands regulations.
There being no further business , a motion was made to adjourn.
Having passed unanimously, the meeting was adjourned at 8: 55 p.m.
Respectfully submitted,
t Dale E. Yale , Clerk
z Conservation Commission
Salam. Massachusetts 01970
w
�.tssn�`�J�
AGENDA--March 24 , 1983
1. Public Hearing--Maine Post and Beam (continuation)
2 . Public Hearing--Pickman Park Swim Area restoration
3 . ' .Annroval of Minutes
4 . Old Business
5. New Business
•
\ON COt�'ti
?� z Conservation Commission
Salem. Massachusetts 01970
Fy o5
MAssN��
MINUTES OF MEETING
March 24 , 1983
The Commission met at One Salem Green, second floor on March 24 ,
1983 . Present were Philip Moran, Christopher Hagger , Alice
Akatyszewski , Richard Femino, Paul Willis, and Associate Mem-
ber James MacDowell. Raymond Lavender and Glenn Yale were ab-
sent.
Chairman Philip Moran called the meeting to order at 8 :10 p.m.
MAINE POST AND BEAM--CONTINUATION OF PUBLIC HEARING
Chairman Philip Moran read the notice of the hearing and introduced
Mr. Reid Blute of Maine Post and Beam, Mr. Blute explained that
in spite of the fact that they have withdrawn without prejudice
from the Board of Appeal , they would like to continue the process
and clarify a few points. He, therefore , would like the Com-
mission to issue an Order of Conditions based on the additional
• information he supplied to the Board at our previous meeting.
There being no auestions from the Commission members or from
any persons present, upon the motion of Alice Akatvszewski and
second of Richard Femino, the public hearing was closed. It was so voted .
Upon the motion of Paul Willis and second of. Richard Femino, an
Order of Conditions referencing the presented plans was approved.
It was so voted.
PICKMAN PARK--PUBLIC HEARING
Chairman Philip Moran read the notice of the hearing. The en-
gineering firm contracted to do the work, Green International,
were unable to send a representative to this hearing. Therefore ,
at the designat16n of Mr. Tim Noonan of the Park and Recreation
Commission, Susan Madison will make the presentation to the
Board.
The proposal is to scrape the wading pool area of Pickman Park
approximatelv 6"', dispose of the dredged material off site, place
clean sand on the swim area bottom,, and replace the existing
concrete retaining wall located adjacent to the swim area.
Susan Madison stressed that no areas of saltmarsh will be dis-
placed, This is under order from Coastal Zone Management.. The
possibility of moving the saltmarsh and replanting it in amore
appropriate spot was considered, but this will not be allowed
Minutes of. Meeting--P4arch 24 , 1983 Page 2
• unless a variance is granted. However, the timing of this project
is tied into the Phase V sewer Project, so this is not an option
at this time.
Susan noted that the dredged material will be de-watered and disoosed
at the Peabody landfill due to the fact that the material has
been designated a special waste (contains lead and cadmium) . The
dredging and replacement of the retaining wall will be done first,
then the sewer project work will be done, then the clean sand
will be brought in.
The Water Pollution Control Division of MEPA has suggested the use
of an oil boom to help contain any contaminants and they have
also recommended that a licensed contractor be on site during all
phases of the project.
Richard Femino asked if any testing had been done on the vegetation
and Susan replied in the negative. Chris Hagger asked where the
samples were taken and upon learning a "scraping" rather than an
actual dredging was being proposed, he and Richard Femino agreed
that the testing did not have to be quite so sophisticated .
There being no further questions from the Commission, the Chairman
asked for questions from the other persons present.
• Councillor John Nutting of [lard 7 was Present to sneak in favor of
the nronosal . He gave a brief background of the area and the
State funding which is helping to defray the costs of the Project.
Ann Fournier , Secretary of the Pickman Park Association, and
Ann Butters, co-President of the Association both snoke in
favor of the proposal.
Upon the motion of Alice Akatvszewski and second of Chris Hagger ,
the public Bearing was closed. It was so voted.
Upon the motion of Chris Hagger and second of Alice Akatyszewski,
an Order of Conditions referencing the plan presented, the comments
received, and requesting an analysis of the PCB levels of the swim
area was anproved. It was so voted.
OLD BUSINESS
Councillor Nutting presented the Commission with a copy of a Council
order addressing the matter of the discharge of firearms within
city limits., (_attached hereto and zmde a part hereof) .
r
Philip Moran noted that he had received a call from Mr. DeCotis
requesting information as to where saltmarsh buds could be nur-
chased. A letter will be sent to him with some suggestions.
ommis- SlOn
Salem. Dlttsc ichucctt� 01970
•
• Minutes of Meeting--March 24 , 1983 Page 3
APPROVAL OF MINUTES
• Upon the motion of Richard Femino and second of Paul Willis , the
minutes of March 10 , ,1983; were approved. It was so voted.
M
There being no further business, a motion was made to adjourn.
Having passed unanimously, the meeting was declared adjourned at
9 : 10 p.m.
Respectfully' submitted,
Dale E. Yale
Clerk
•
•
\ON CO,y�, ,
z Conservation Commission
Salem. Massachusetts 01970
F`y'yASSA��vy
AGENDA--April 14 , 1983
1. Public Hearing--James Kieran
2 . Public Hearing--Ernest DelPero
3 . Highland Realty Trust--Burger King
4 . Moose Landfill
5 . Determination Kernwocd Country Club
6 . Aporoval of Minutes
7 . Old Business
8 . New Business
•
•
ON Cp���,
C z Conservation Commission
• Salem. Massachusetts 01970
�Fy MASSi.��°�
MINUTES OF MEETING
April 14, 1983
The Commission met at One Salem Green on Thursday, April 14, 1983, at One
Salem Green, second floor conference room. Present were Alice Akatyszewski,
Christopher Hagger, Richard Femino, Philip Moran, and Associate Member
James MacDowell. Glenn Yale, Raymond Lavender, and. Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8:10 p.m.
PUBLIC HEARING--JAMES KIERAN
Chairman Philip Moran read the notice of the Public Hearing. Mr. Kieran
and Mr. Johnson of Hancock Survey were present to discuss the proposed
plan for a single-family dwelling with appurtencances at Lot 4, Linden
Avenue. This is within one-hundred feet of a wetland area.
Mr. Johnson stated there was to be no detrimental impact on the pond. They
anticipate no filling of the wetland area, and plan only to clean up
the debris. There will be minimal change in grade and only the proposed
swimming pool will actually be within one-hundred feet of the pond.
• Chris Hagger asked where the main changes in grade were proposed and Mr.
Johnson replied they plan minor changes in grade to accommodate a deck
around the pool. Chris asked what the loss of storage capacity would
be and Mr. Johnson replied they anticipate no loss of capacity or a
minimal loss at best.
Philip Moran asked what the distance was from the contour change to the
wetland and Mr. Johnson replied it was approximately thrity-five feet.
Mr. Moran asked if there was any bordering vegetation and James MacDowell
noted the proposed dwelling is quite high above the pond.
Chris Hagger asked how much fluctuation in the water was experienced during
changes in season and Susan Madison stated the pond is almost dry in the
summer. She further pointed out that this pond was third in a series of
ponds which are part of the Vinnin Square Drainage Project. Therefore,
the level is fairly well controlled.
Philip Moran asked what the elevation of the deepest part of the pool would
be and Mr. Kieran replied they plan to excavate to 29 feet. Chris Hagger
asked if they hit ground water at 28 feet and Mr. Johnson replied in the
negative. Chris asked about the slope of the other side of the pool and
Mr. Johnson stated they would like to keep it as flat as possible and
therefore anticipate a change of no more than 10%.
•
Minutes of Meeting--April 14, 1983 Page 2
• Chris Hagger asked about the location of the septic system and Mr. Johnson
stated they plan to locate it in front of the dwelling. They plan to go
to Board of Health for a permit after the permits from Conservation Commission
and Planning Board have been obtained. They plan to go to Planning Board
next week for a Wetlands Special Permit.
James MacDowell suggested that a plan of erosion control be made for the
excavation period of the project.
Mr. Kieran reiterated their determination to do nothing of detriment to the
wetland area and noted that there will be very little excess fill. It will,
however, be trucked off site.
There were no further questions from the Board and no other persons present
speaking in favor of the petition.
Mr. and Mrs. John Hourihan of 2 Wilfred Terrace were present to speak in
opposition to the proposal. They raised several questions: how was the
pool to be drained? Also they expressed concern for the storm drainage
problem in the area. Susan Madison noted that any drainage problems encountered
from the swimming pool and from adverse impact of the building would be borne
for the most part by the Kierans themselves, so they would do everything pos-
sible to avoid this type of problem.
Mr. Al Rynkowski of Marblehead was present to speak in opposition to the
• proposal as well.
Upon the motion of Chris Hagger and second of Alice Akatyszewski, the Order
of Conditions will be written at our next meeting following an inspection of
the property. It was so voted.
PUBLIC HEARING--ERNESTDELPERO-
Chairman Philip Moran read the notice of the public hearing. Attorney
John Serafini, Jr. was present to discuss the proposal of Mr. DelPero
to construct a four-unit dwelling on the site of the former Sobocynski's
Meat Market at 82 Webb Street. The area is in a flood hazard district as
well as a wetlands district. The design is to construct the building on
stilts which will support a living space beginning at 23.5 feet. No habitation
will take place below that level.
Attorney Serafini presented the plan which calls for footings of three foot
wide, twelve foot thick reinforced concrete buried in the ground which support
pillars which support the bottom floor sill beams. They feel the impact on the
wetland is minimal.
Chris Hagger asked whether any drains were being planned. Mr. DelPero replied
that some drains are anticipated and will be put in as needed. So far testing
shows gravel down approximately four feet. They plan to excavate a total of
eight.
• Chris Hagger asked if uplift calculations were available and Mr. DelPero said
he will supply them.
Minutes of Meeting--April 14, 1983 Page 3
•
James MacDowell asked if any borings have been done and Mr. DelPero replied
in the affirmative. He has retained Belamazzie Associates of Stoneham for
this work.
Upon the motion of Chris Hagger and second of Richard Femino, the hearing
will be continued until April 28, 1983, when further calculations will be
available. It was so voted.
MOOSE LANDFILL
Mr. William McLaughlin, governor-elect of the Moose Lodge and Mr. Joseph
Falzone, engineer, were present to discuss the matter of a landfill on
the Moose property off Highland Avenue. Mr. McLaughlin stated that they
wish to fill the area with clean fill, including the culverting of the
stream (Forest River) . The letter addressing this proposal from Thomas
Neve was read into the record (attached hereto and made a part hereof) .
James MacDowell raised the possibility of the new Wetlands regulations
addressing this particular issue.
Chris Hagger stressed that the plans as finally presented should address
the slopes ,as well as the final proposed use for the filled parcel.
• The Commission will inspect the area on Saturday, April 16, and contact
Mr. McLaughlin after that time.
KERNWOOD DETERMINATION
A letter from Attorney Harry Ankeles requesting a Determination for the repair
of the seawall at Kernwood Marina was read.
Upon the motion of Alice Akatyszewski and second of Richard Femino, the Determination
was approved. It was so voted.
HIGHLAND REALTY TRUST -
A letter from City Engineer Anthony Fletcher suggesting an additional sixty
days be granted to Highland Realty Trust for full drainage studies of the
area was read. Attorney John Serafini was present to describe the proposed
project for Fafard Companies which has impact on the entire area in question.
They plan extensive drainage studies with retention ponds, etc. The City
Solicitor is reserving his opinion as to whether this filing can be done under
the old wetland regulations. However, Mr. Serafini has assured the Board that
all sufficient safeguards will be taken.
Upon the motion of Alice Akatyszewski and second of Chris Hagger, the
matter will be postponed for sixty days. It was so voted.
•
Minutes of Meeting--April 14, 1983 Page 4
• MINUTES
Upon the motion of Chris Hagger and second of Alice Akatyszewski, the minutes
of the previous meeting were approved. It was so voted.
OLD BUSINESS
Carl DeCotis has contracted Sea Plantations to handle the matter of the re-
planting of the eel grass on his property.
Regarding Shaughnessey Hospital, the City Engineer has found an appropriate
place for them to construct a parking lot which will not adversely affect
the wetland. Susan will inspect the area.
There being no further business, the meeting was adjourned, upon motion made
and seconded, at 9:50 _p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
,,,%oN
z z Conservation Commission
• ;; Salem. Massachusetts 01970
`V
Assn����
AGENDA--April 28 1983
1. James Kieran--Signing of Order of Conditions
2. Continuation of Public Hearing--Ernest DelPero
3. Moose Landfill
4. Richard Stafford
5. Approval of Minutes
6. Old Business
7. New Business
•
•
z Conservation Commission
• ;� Salem. Massachusetts 01970
Messnc���
MINUTES OF MEETING
April 28, 1983
The Commission met at One Salem Green, second floor conference room on
Thursday, April 28, 1983. Present were Christopher Hagger, Richard Femino,
Paul Willis, Philip Moran, and Associate Member James MacDowell. Glenn
Yale, Alice Akatyszewski, and Raymond Lavender were absent.
Chairman Philip Moran called the meeting to order at 8:20 p.m.
JAMES KIERAN--ORDER OF CONDITIONS
Chris Hagger gave a brief outline of the inspection the Commission made of
the area inuestion. His only suggestion is to try to divert the road
4 Y 44
drainage away from the center of the lot. Mr. Kieran felt this was no
problem.
Upon the motion of Chris Hagger and second of Richard Femino the Order of
Conditions was voted referencing the plans as submitted. It was so voted.
• DELPERO-=CONTINUATION OF PUBLIC HEARING
Chairman Philip Moran read the continuation notice for the public hearing.
This involves the proposed construction of a four-unit dwelling at
82 Webb Street, which is in a wetland/flood hazard district. The con-
tinuation was requested in order to obtain uplift calculations for
the pilings which will support the building. Both James MacDowell and
Chris Hagger were satisfied with the calculations as presented. Attorney
John Serafini, Jr. , representing Mr. DelPero, noted that thecalculations
were designed for the maximum conditions of "spongy"soil and no deep
testing has been completed as yet. They would like the Board's tentative
approval for the design as presented and, if deep testing shows the
soil to be different, they would make a minimal design change in the pro-
posed plan.
Upon the motion of Paul Willis and second of Chris Hagger.; the public
hearing was closed. It was so voted.
Attorney Serafini stated that they will waive the twenty-one-day time limit
and, after deep soil testing is completed if any changes are needed, they
will present them to the Commission.
Upon the motion of Paul Willis and second of Chris Hagger, the Order of
Conditions referencing the final presented plan was approved. It was
so voted.
Minutes of Meeting--April 28, 1983 Page 2
•
MOOSE
Mr. William McLaughlin and Mr. Joseph Falzone were present to discuss the
proposed culverting and filling of property abutting the Lodge on Highland
Avenue. Chris Hagger, James MacDowell and Susan Madison inspected the
area again and the Commission expressed their questions regarding the
proposal: Plans for the maintenance of the culverts and catch basin are
needed; the 'unacceptable fill materials ori'the site (i. e. refrigerators) need to be
removed; the stability of the slope (3:1 vs. the proposed 1:1) ; the
impact of the proposed design on the abuttors; all calculations are to
be based on 100-year storm; the handling of surface drainage: James
MacDowell noted that the new April 1 regulations deal with acceptable
fill materials, so a specific list of what fill is being proposed is
needed. Philip Moran asked what percentage of fill was to be stumps and
Mr. Falzone replied it would be in the area of 40%. James MacDowell
felt a certain area of the proposed area to be filled should be designated
just for stumps. Chris Hagger added that the concern here is for the
brook which is recharged by the ground water. He asked if they plan to
install a dome-type culvert over the brook. James MacDowell noted that
under the new regulations a complete culvert is not considered a good
idea due to the recharging characteristics. A culvert under the new
regulations should be done under the same specifications as that which
would be done under a road or driveway. He would recommend that they look
• at the line in the new regulations which addresses constructing a conduit
with an open bottom so the recharging capacity is still there.
Chris Hagger asked if they had an access and maintenance plan as yet and
Mr. Falzone replied they have not received approval from the City Engineer
or the State as yet. Susan Madison reiterated that an access and maintenance
plan was needed. Paul Willis asked what was the eventual planned use for
the land and Mr. Falzone replied they plan to build there eventually. Paul
Willis felt they should consider the potential methane gas production. Roots
and stumps are a source of this. James MacDowell reiterated the need for drainage
calculations based on the 100-year event for both the site itself and the
surrounding area. Calculations for the capacity of the culvert are essential.
Chris Hagger added a map showing the abuttors of the property and how the
drainage of the abuttors will be affected is needed. He added that no filling
could be done upstream of the cat-o-nine tails.
Mr. McLaughlin called the Board's attention to the fact that there has been
a collapse of the ledge which is currently slowing the flow of the brook.
This is on City property and will be called to the attention of the City
Engineer. Mr. Falzone further noted that the City is dumping leaves up
there and this should be addressed as well. Chris Hagger noted that leaves
and branches are worse than stumps.
James MacDowell and Chris Hagger agreed that their plan as presented should
show contours at a 20th scale at two-foot intervals. Also several slope
sections should be shown particularly where it affects the abuttors. A
• cross section perpendicular to Highland Avenue is also needed plus an
outline and schedule of filling (sequence of filling) .and an erosion plan
during construction.
Minutes of Meeting--April 28, 1983 Page 3
• Paul Willis asked what kind of safeguards to insure that all is done according
to plan can be built in? Philip Moran replied we have the Order of Conditions
and a Commissioner who will oversee the project. He added that they deal
at their own peril. Susan Madison will discuss the matter of a possible
Clerk of the Works with the City Engineer.
Chris Hagger asked if site access will be limited during the filling process
and Mr. Falzone replied in the affirmative. Chris asked that this plan
also be included in their submission.
The question of road salt causing a problem which was not the fault of the
project was discussed. It was suggested that preliminary water testing
be done and a water sampling program be scheduled at regular intervals.
Chris Hagger noted that this could be incorporated into the erosion control
plan. Mr. Falzohe noted that no sedimentation ponds are being planned.
Also no impervious liner or leechate collection system is planed.
Paul Willis expressed concern for the oil present in the bituminous which
is planned for fill material. The Commission agreed this was a concern
which they had not considered previously. Mr. Falzone will present a
written list of types of proposed fill materials. In response to a
question from Mr. McLaughlin regarding the consensus of agreement as to
the proposed filling, the Commission agreed that all potential fill
materials should be carefully considered during the hearing process.
• There being no further discussion, the gentlemen were excused with the Com-
mission's thanks.
LINDEN AVENUE
Mr. Roger Boucher and Mr. Arthur Tremblay were present to discuss their
plans for Lots One and Two at Linden Avenue. Both plan to build homes
in the near future, but wanted guidance from the Board as to what is
needed. The Commission stated their concern for the pond and anything
within 100 feet of the pond. There is one low area more than 100 feet from
the pond which they wish to fill. It was agreed this would be no problem
as long as there was no impact on the pond itself. Both gentlemen will
be filing a Notice of Intent in the near future.
RICHARD STAFFORD
City Solicitor Richard Stafford was present to discuss a legal matter which
affects conservation land. A controversy has,arisen relative to'a`parcel of
land on Sunset Road, a part of'.which. was taken,by,the City during £he`Pha'se I
Forest River Conservation Project.- n-In the Order of Taking the -parcel was ,
.divideded&-."mean high water." In- a recent survey done for the present owners
of the remaining parcel, the interpretation of mean high-water.. differs signif-
icantly from the City's interpretation of several years ago. Because any" �
dwelling considered on this land would require a variance for backyard setbacks,
Mr. Stafford has drafted a proposal for the Commission's consideration.
• -
0
Minutes of Meeting--April 28, 1983 Page 4
• What Mr. Stafford would like to propose is a compromise of sorts which would
allow the Commission to enter into an agreement which would essentially create
an agreed property line which would keep a parcel intact that would allow
a house to be built without variances. A public access would still be present
and other conditions the Commission deems necessary would be included.
Mr. Stafford suggested an inspection of the area which is located off Sunset
Road. The consensus of the Board was that what Mr. Stafford proposes is
a good compromise, but would like to inspect the area first.
MINUTES
Upon the motion of Paul Willis and second of Chris Hagger, the Minutes of the
previous meeting were approved. It was so voted.
CONTINUING BUSINESS
The Conservation Commission Cocktail Party will be held on May 20, 1983,
at Philip Moran's home. All are asked for a food donation and each
Commissioner is also asked to address invitations which will be available
shortly.
Upon the motion of Chris Hagger and second of Richard Femino, Paul Willis
will become an Associate Members of the Commission pending the approval
of James MacDowell as a Voting Member. It was so voted. The matter of
• Mr. MacDowell's appointment is before the City Council this evening.
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 9:55 p.m.
Re�ctfully submitted,
Dale E. Yale
Clerk
•
v
ST
Salem. hlassachuseas 01970
f^
MINUTES OF MEETING
January 13 , 1983
The Commission met at One Salem Green, Second Floor, on January
13 , 1983. Present were Richard Femino , Raymond Lavender , Glenn
Yale , Christopher Hagger, Alice Akatyszewski , Philip Moran, Asso-
ciate Member James MacDowell, and Conservation Aide Susan Madison.
Chairman Philip Moran called the meeting to order at 8:04 p.m.
MOOSE LANDFILL
Mr. Fred Sullivan of the Marblehead Conservation Commission was
present to discuss the impact of the proposed landfill on Thompson's
Meadow. He and several members of the Marblehead Board plan to
attend the public hearing on January 18 , 1983. In addition, Chair-
man Philip Moran read letters from the Massachusetts Association
of Conservation Commissions and the Citizens Advisory Committee
on the Metropolitan District Commission Water Supply speaking in
opposition to the proposal. Mr. Moran reminded the Board of the
date by also reading a letter from the Board of Health dated Decem-
ber 28, 1982 , setting up the public hearing. As many Commissioners
• as possible were urged to attend this hearing.
DECOTIS
Mr. Carl DeCotis of Belleau Road was present to ask for an amend-
ment to his original Order of Conditions for a sea wall he has
constructed. During construction of his sea wall, the design was
changed to include a ramp which was built into the salt marsh.
DEQE wishes to establish how much of the salt marsh was destroyed
and where it will be re-located.
Mr. DeCotis presented an as-built drawing of the ramp. Philip Moran
asked how far out the ramp goes . Mr. DeCotis replied approximately
six to seven feet. James MacDowell felt from looking at the plan
it was more like twelve to fifteen feet. Mr. DeCotis disagreed.
Susan Madison pointed out that it would be helpful if contours
were shown. Glenn Yale asked if the area of cord grass was defined
by a surveyor or was it part of the original plan. To his recol-
lection after inspecting the area, the grass was up to the ramp
and there was fill on the ramp which covered the grass. Mr. Yale
felt there was quite a bit of sand fill which has encroached on
the cord grass. Mr. Yale further suggested that each Commission
member go back and look at the area again and this could be addressed
at a future meeting. Susan Madison noted that re-planting time for
grass would be in March.
Glenn Yale asked what plans Mr. DeCotis had for the ramp? Any
further use could further damage the salt marsh. Mr. DeCotis replied
Minutes of Meeting--January 13 , 1983 Page 2
• he would use the ramp primarily to clean out any debris which
became trapped. Susan Madison suggested additional orders be
placed similar to those given to the LaBries; i, e , a boat could
only be brought in at high tide , no mooring of a boat, etc. Philip
Moran asked if Mr. DeCotis planned to launch a boat from this ramp
and Mr. DeCotis replied in the negative .
Upon the motion of Glenn Yale and second of Alice Akatyszewski , this
matter will be postponed until the last meeting in February (Feb.24) .
It was so voted. It was further asked by the Chairman that each
Commission member take a look at the area before that time as soon
as the weather permits .
HIGHLAND REALTY--BURGER KING
Attorney John Serafini, Mr. Thomas Dwyer, a surveyor, and Mr. Franklin
of Franklin Construction were present to discuss the Cease and Desist
served by the Commission due to large amounts of fill blocking the
wetland behind the Burger King construction site on Highland Avenue.
Mr. Serafini stated that according to his contract, Mr. Franklin
was to grade and level the area where the Burger King is to be
constructed. He and his crew did this and placed the fill behind
the site . On the day the Cease and Desist,, all work was stopped
and no work was done since that time . Mr. Dwyer was then brought
in to see whether the culvert was indeed blocked and if there was
• any imminent danger of water problems. It is Mr. Dwyer's opinion
that the culvert was not blocked.
Mr. Dwyer showed a copy of a wetlands map of the area to the Board
and pointed out where the culvert in question was located. He
added that he checked the area after a substantial rainfall and
there was no collection of water. He noted there is already old
fill in the region, but the water is now draining into a ponding
area. There is some fill in the area which will be pushed back ,
but it is well beyond the ponding area. The present fill material
is sitting on five to six feet of old fill. Susan Madison noted
that she walked the area in 1977 and it was quite marshy at that
time . Mr. Dwyer replied that he does not remember there ever being
a real wet area there , 1.
Chris Hagger asked if any calculations were made and Mr. Dwyer re-
plied that he had only located the fill area. Susan Madison asked
if the culvert itself was located. Mr. Dwyer replied in the nega-
tive . He felt it had prbably been buried a long time ago .
Glenn Yale felt that the stream there had been re-directed and now
has been dead-ended by the new fill. Mr. Franklin stated that he
had been working in the area since 1965 and can never remember a
wetland area there . The original owner of the property had a garden
there .
•
I �
Minutes of Meeting--January 13 , 1983 Page 3
• Mr. Serafini described Burger King's plans to tie into the culvert
for their drainage system. He added that they are prepared to ex-
cavate to find the culvert and tie in their drain. Susan Madison
noted that no one had found the culvert as yet.
Glenn Yale asked how the fill now being stored will eventually be
distributed in the overall plan of development for the area. He
noted that the grade in the area is now quite steep. Mr. Franklin
replied that it was to be moved. Glenn Yale added that it is
still within one-hundred feet of the wetland. Chris Hagger added
that there are other problems on the other side of Highland Ave .
Glenn Yale stated that connecting to the culvert is not the problem
here , it is how much the fill will be pushed into the flood-storage
area. Chris Hagger reiterated the Board' s concern for the flood
problems in the area. Mr. Dwyer felt the flood storage capacity
was not changed. Chris Hagger asked how this could be determined
without making calculations. Mr. Dwyer replied that the, new fill
has been placed on top of what was already there . Chris Hagger
felt this was not an accurate determination.
John Serafini stated that his concern was whether this was an
immediate problem and described future plans for the area which
would include development of the area and extension of Marlborough
Road to the other side of Highland Avenue . This plan would include
full Notice of Intent, etc. Could this problem be handled when
• the larger development is underway?
Susan Madison noted that the City Engineer had expressed some con-
cern for this situation. He was unable to attend this evening' s
meeting; however, it was felt his input was needed. Mr. Serafini
agreed and they will return at our February 10 meeting to discuss
this further. The Cease and Desist orderwill remain in effect.
Upon the motion of Raymond Lavender and second of Chris Hagger,
this recommendation was adopted. It was so voted.
SALEM STATE
Richard Femino reported that he and Susan Madison had viewed the
area staked by Salem State for their proposed parking lot. The
wetland area will not be encroached upon.
Upon the motion of Richard Femino and second of Alice Akatyszewski,
a Determination including the following conditions was accepted.
It was so voted. Conditions included: 1) All work shall be done
in accordance with the presented plan; 2) Wooden bollards shall
be placed at six foot centers as indicated on the presented plan;
3) All brush shall be removed from the site ; 4) Surface shall be
crushed stone ; 5) Snow removal shall be towards Pacific Street; '
6) No salt shall be used.
•
Minutes of Meeting--January 13 , 1983 Page 4
• BUDGET
Upon the motion of Alice Akatyszewski and second of Raymond Lavender,
a budget reflecting the following was submitted: Conservation Aide--
$3 ,000; Clerk--$1500; Dues--$200; Office Supplies--$200. It was
so voted with Glenn Yale abstaining.
OLD BUSINESS
Susan Madison has received the name of a contact person with whom
to discuss the matter of the debris being stored on the B & M R .R.
property within 100 feet of the North River.
It was noted that the debris has been completely removed from the
area behind Lazarakis Paint Company. A letter will be sent acknowl-
edging the owner's cooperation.
In response to a question from Philip Moran, the Ferris Junkyard
matter is still in litigation.
NEW BUSINESS
Upon the motion of Raymond Lavender and second of Glenn Yale ,
Alice Akatyszewski will serve as the Commission' s Treasurer.
It was so voted.
• A public hearing will be held at our next meeting to address the
proposal of Mr. Louis Boisvert to put an addition to a structure
on Commercial Street which would be below the 100-year flood level.
A Certificate of Compliance for Salem Hospital will also be addressed
at our next meeting.
There being no further business , a motion was made to adjourn. Ha-
ving passed unanimously, the meeting was declared adjourned at 9: 35 P.m.
Res ectful� C(l`y submitted,
Res
E. Yale(/
Clerk
Clerk
•
"XON Cot
z sz Conservation Commission
n
„ Salem. Massachusetts 01970
Fli'ttASSN���� ..
1983 ANNUAL REPORT OF THE SALEM CONSERVATION COMMISSION
The Salem Conservation Commission holds its regular meetings on
the second and fourth Thursdays of each month to administer and
enforce the "Wetlands Protection Act" Chapter 131, Section 40 of the
Massachusetts General Laws (as amended), and to review andAmplement
conservation goals and activity in the City.
Present members of the Commission include: Phillip D. Moran,
Chairman; Glenn A. Yale, Vice Chairman; Alice M. Akatyszewski;
Richard J. Femino; Chistopher Hagger; James MacDowell, P.E.; and
Paul Willis, Associate Member. Mrs. Dale Yale is the Clerk and
• Charles, Frederiksen is- the- Aide.
During the year between January 1, 1983 and December 31, 1983
the Commission received fourteen "Notices of Intent" for proposed
development in wetland areas under the jurisdiction of the "Wetlands
Protection Act." Of these, eleven were approved with "Orders of
Conditions" and one was deferred until 1984. During the same time
period, four previous 'Orders of Conditions" were extended and three
previous orders received "Certificates of Compliance" with the Act.
One "Ceast and Desisit" order was issued to Highland Realty Trust
to remove fill left in a wetland behind the Burger King site on
Highland Avenue. Also during the year the Commission responded to
reports of wetland violations throughout the City.
In 1983, the Commission commented to the City Engineer about
• sandblasting being done on the Kernwood Bridge by the City of Beverly.
Page 2.
•
The Commission also endorsed the "Drainage Alteration Permit" .
proposed by the City Engineer and approved , by the City Council.
The Commission was actively involved in the arrest and conviction
of a man who was riding a trail bike in the Forest River Conservation
Area.
The aquisition of land in Phase II of the Conservation Area
was finalized with the State in 1983 and the Conservation Aide
has updated the "Open Space and Recreation Plan" to include all
municipally owned land in Salem.
As of April;, 1983, the "Wetlands Protection Act" was amended
by the State and is now more restrictive to development in and
adjacent to wetland areas.
• In_1983 the City was sued in Court regarding the assessed value - - --
of the "Loring Hills" land squired as part of the Forest River
Conservation Area. The land which was ro osed fordevelopment,
P P
was aquired with State funds and by the Court's ruling was under
assessed. The City lost $1,600,000.00 in the suit.
Finally, the Commission has been working closely with City and
other local groups, and agencies on conservation matters. The Planning
Board consults the Commission on a regular basis regarding proposed
projects and the impact on wetland areas. The Commission has
endorsed the efforts of COAST and their efforts to clean up Salem
Sound. The Conservation Aide is presently working with a representa-
tive from the U.S. Environmental Protection Agency to determine if
Salem qualifies for Superfund monies to clean up the Nort River.
•
Charles Frederiksen, Aide.
,"%oN Cpi��,
z Conservation Commission
Salem. Massachusetts 01970
tinssi
MINUTES OF MEETING
January 27 , 1983
The Commission met at One Salem Green, second floor on Thursday,
January 27 , 1983 . Present were Raymond Lavender, Richard Femino,
Alice Akatyszewski , and Glenn Yale. Philip Moran, Christopher
Hagger, Paul Willis , and Associate' member James MacDowell were absent.
Vice-chairman Glenn Yale called the meeting to order at 8 :07 p.m.
APPROVAL OF MINUTES
Upon the motion of Raymond Lavender and second of Alice Akatvszewski,
the minutes of January 13 , 1983 , were approved. It was so voted.
PUBLIC HEARING--LOUIS BOISVERT
• Mr. Louis Boisvert ,and Mr. David Doyle were present to address
their proposal to add to an existing building at Rear Commercial
Street. The addition would be in a flood hazard district. The
building is currently owned by Snowcrest and is under agreement
for purchase by Mr. Boisvert. He would like to add 5000 square
feet to the existing building. The addition would be 8" below
the 100-year flood level. They plan to raise the foundation and
floor and put in a ramp connecting the addition to the existing
building. Board of Appeal has granted a variance for this pro-
ject.
Glenn Yale asked if Board of Appeal addressed the elevation? Mr.
Doyle replied in the negative. Susan Madison noted that the
Planning Board may deny the permit due to the elevation situation.
Mr. Doyle stated that the addition will be above the limit. He
noted that the road has been built up and is passable even when
wet, so he felt there would be no major problems.
Glenn Yale asked if there was to be any chemicals stored in the
building. Mr. Doyle replied in the negative. They will be using
cutting oils only--most of their business is with General Electric.
Susan Madison asked where any run-off would ao and Mr. Doyle
replied that any run-off is re-used. Any residue stays in the
machines themselves. They use a cleaning solution which is the
same type used in any car wash.
• Glenn Yale asked if any non-destructive testing was done in their
shop and Mr . Doyle replied in the negative.
Minutes of .Meeting--January 27 , 1983 Page 2
• Glenn Yale asked where rough material was stored and. Mr. Doyle
replied it was stored inside the building.
Upon the condition that the floor would be raised and a ramp
placed inside, which would require a new Plan, the Order of
.Conditions was voted upon the motion of Alice Akatvszewski and
second of Raymond Lavender.
Upon the motion of Richard Femino and second of Alice Akat_v_ szewski
the Public Hearing was closed. It was so voted.
The Order of Conditions referencing the amended plan and including
the following condition will be issued; Upon completion of the
proposed addition, an engineer shall certify the building was
constructed at or above 15 . 36 .
MAINE POST AND BEAM -- TEDESCO POND
Mr. Reed Blute from Maine Post and Beam was Present to discuss
their proposed cluster subdivision for the Tedesco Pond area.
They plan between 21 and 24 units , 11, Blute gave an overview of
plan. They propose cluster residential homes which would consist
of six buildings around the pond each containing four units ,
Garages are also proposed, „The entire development will be
pri-vately owned and -maintained. The roads , etc , all will be main-
tained by the owners of the dwelling units , All untilities will
be underground. The sewer line wild. be tied into the municiP_ al
sewer by -means of .a pumping station The water line will be
looped and tied into the existing main, There will be a single
access from Vinnin (Tedesco) Street. All other abutting accesses
will be closed off and breakawaygates will be installed for
emergency access.. All developed space is within 1001' of the
Pond area. Mr. Blute emphasized that the pond is the focal Point
of the deve.l�o went; so they wish to restore the Pond to its
original quality. They have enlisted the aid of Sea Plantations
to help them with the Pond work. Sea Plantations is Presently
doing water tests and also making recommendations as to the best
way to eliminate algae and bacteria.
In response to a question from Richard Femino as to how they Plan
to arrest the bacteria,' Mr.. Blute replied they would like to cut
down on the nutrients emanating from the StopandShop Parking
lot. They would like to promote an area of marsh grass by
building an underwater dam- and filter to maintain and retain
the silt and sediments so the nutrients can be filtered out,
Richard Femino noted that the ,nroblem is with the algae. He sug-
gested the bank be worked upoi�.;the bank should be cut sharbly
to inhibit the algae growth.
• Minutes of Meeting--January 27 , 1983 Page 3
Mr. Blute further noted that they are considering putting an is-
land in the middle of the pond to create a natural soot for the
nesting of waterfowl.
Glenn Yale questioned the location of drains . Mr. Blute replied
there are two drains being planned and noted that the most substantial
run-off comes from the direction of Chandler Road.
Mr. Blute described their plans for a ten-foot buffer zone with
the use of several evergreen plantings , railroad ties and other
landscaping to create a buffer between the development and the
abuttors . He added that if all their permits fall into place and
everything goes according to their present schedule , they an-
ticipate a one-vear timetable for completion of the Droiect.
Thev will be filing a Notice of Intent shortly and a public
hearing will be scheduled.
SALEM HOSPITAL--CERTIFICATE OF- COMPLIANCE
Upon the motion of .Alice Akatvszewski and second of Ravmond Lavender ,
a Certificate of Compliance for Salem Hospital was approved .
It was so voted.
• OLD BUSINESS
A letter from City Engineer Tony Fletcher regarding the illegal
fill behind the new Burger King on Highland Avenue was read
and entered into the record (attached hereto and made a part
hereof) . It is the City Engineer' s opinion that the fill should
be removed immediately_ as there is considerable potential for
flooding in the area. A copv of the letter will be sent to
John Serafini . It was further noted that our responsiblity in
this area is clear as the Wetlands Protection Act addresses
the .issue of flood storage prevention.
Regarding Ronald Gauthier, City Engineer Fletcher also sent a let-
ter to the Commission addressing this matter.. (.attached hereto and
made a part hereofl . It was the concensus of the Commission
that a Notice of Intent should be filed.
There being no further business , a notion was made to adjourn,
Having passed unanimously,, the meetinq was declared adjourned
at 9 : 50 p.m.
Respectfully submitted,
Dale E , Yale
• Clerk
JAN vn,rgsP
• his�\ ,-L'wr/
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ANTHONY V. FLETCHER, R.P.E. WILLIAM F. HAIGHT, JR.
DIRECTOR OF PUBLIC SERVICES ASSISTANT DIRECTOR OF PUBLIC SERVICES
CITY ENGINEER
January 18, 1983
TO: CONSERVATION COMMISSION
FROM: A. V. FLETCHER
SUBJECT: HIGHLAND REALTY TRUST
Unfortunately, I was unable to attend your meeting of Thursday, January 13th, at
which time this subject was discussed, therefore I take this opportunity to express my
feelings regarding this property and clear violations of wetlands and drainage patterns.
I am strongly opposed to any delay in removing materials, placed by Highland Realty,
•that affect the area drainage, ostensibly to be removed by some second party at some un-
known date. This City does, and can recognize only one owner, the present one. There
are no iron clad agreements with some other party. The present owners, under the guise
of blasting for one project (Burger King) have changed the topograp, y of a large, signi-
ficant area so that drainage can and will be affected from the area bounded by Highland
Avenue, Swampscott Road, and Willson Road. Let me remind you of a similar situation with
the High School construction. Since no one bothered to search out drainage effects down-
stream of the new High School , the City was eventually forced to spend $250,000 to correct
a drainage problem that should not have occured if there had been prior planning. In my
opinion this area must be reviewed as a whole, not a series of parts.
Without drainage restored, since it affects land West of Highland Avenue - where
incidentally, this department and Conservation has had many complaints due to flooding -
I do not intend to. issue an occupancy permit to the Burger King Project. Greater runoff
has now been directed to the area blocked by Highland Realty' s filling program, and I
cannot support probable flooding on either the East or West side of Highland Avenue.
I request that the Commission does not consider lifting the Cease and Desist Order
until such time as the owner presents to your Commission, and the City Engineer, complete
plans showing cuts, fills, site drains and piped drains, for review and approval .
•
1oN COA7
?� z Conservation Commission
Salem. Massachusetts 01970
/ ASSnGNv�
MINUTES OF MEETING
October 13, 1983
The Conservation Commission met at One Salem Green, second floor conference
room, on Thursday, October 13, 1983. Present were James MacDowell, Richard
Femino, Raymond Lavender, Philip Moran, Christopher Hagger, and Conservation
Aide Charles Frederiksen. Glenn Yale and Alice Akatyszewski were absent, as
was Associate Member Paul Willis.
MOOSE LANDFILL--CONTINUATION OF PUBLIC HEARING
Mr. Thomas Neve, an engineer representing the applicants, was present to up-
date the board as to the progress of the proposal. Per the Commission's
request, Mr. Neve met with Richard Femino of the Commission to delineate
the wetland area of the site. This was done and there is approximately 11,600
square feet of wetland area on the site. The applicant intends to alter
4900 square feet of the area and pull the toe of the slope back. The con-
tours which now exist on the site are shown on the revised plan.
• Mr. Neve further noted that he had been in contact with the state D.P.W.
regarding the extension of the culvert. The state sees no problem with
the proposal but will require a permit which the applicants will file after
the Order of Conditions is drafted. As far as cleaning the culvert which
goes under Highland Avenue, several attempts have been made which so far
have been unsuccessful, but the state plans to try again. The feeling is
they will need "roto-rooting" equipment which`-,they will have to borrow.
Mr. Neve also noted the applicants are aware of the need for monitoring the
site, providing security, etc. They are agreeable to segregating the areas
where stumps and bitumincus will be allowed and they will clean up all un-
acceptable material currently on the site prior to beginning the project.
Philip Moran asked if two separate filings would be necessary as there are
two owners involved and Mr. Neve replied that they will only be altering
on one parcel (Crete)_, so two filings would not be necessary.
f James MacDowell questioned the area bordering the Hutchinson Drug property
and Mr. Neve stated that area drains toward the wetland.
Chairman Moran asked for anyznembers of the audience to speak in favor of
the petition, and Mr. William McLaughlin, Governor of the Moose Lodge wished
to be recorded in favor of the application, as well as Mr. Frank Luca, Secretary
of the: Lodge. Mr. Joseph. F'alzone, Specification Soils, Inc. , wished to recorded
in favor.
•
Minutes of Meeting--October 13, 1983 Page 2
A letter from Mr. and Mrs. Jean LaChapelle, abuttors to the property, was
read by Mr. Moran (attached hereto and made a part hereof) . They do not
necessarily oppose the proposal, but are concerned with the culvert blockage
under Highland Avenue. It has posed a continuing problem for them and they
have not been satisfied that everything has been done to get the state to
rectify the situation. The Commission assured the group that they would con-
tinue to follow up with the state on 'this matter.
Upon the motion of James MacDowell and second of Richard Femino, the public
hearing was closed. It was so voted, five in favor, none opposed.
Upon the motion of James MacDowell and second of Raymond Lavender, the Order
of Conditions for this project will be written and signed at our next meeting.
It was so voted, five in favor, none opposed.
A letter will be sent to the Planning Board outlining the areas to be addressed
in the Order of Conditions so that they may make a judgment as to their Wetlands/
Flood Hazard Special Permit which will be heard on October 20.
PUBLIC HEARING--WINTER ISLAND MARINA
Chairman Philip Moran read the notice of the public hearing and introduced
Mr. Daniel Lynch, engineer for the proposed 150 slip marina facility at Winter
Island. Mr. Lynch gave an overview of the plan for the Commission. He stated
they have submitted plans and have satisfied the Army Corps and the Division
• of Waterways and have submitted plans to the Planning Board for a Wetlands/
Flood Hazard Special Permit as well. The pier and floats fall under the
jurisdiction of the Conservation Commission. They plan support buildings
over 100 feet from the water. No sewer is planned within 100 feet and
other utilities are not applicable.
Jim MacDowell asked what the soundings were limited to and Mr. Lynch replied
they are limited to mean low water. Jim MacDowell noted that at half tide
there was a rock which could pose a hazard to navigation. Mr. Lynch replied
that it will be marked with a spindle. Jim MacDowell raised the question of
the SESD interceptor and Mr. Lynch replied they will build away from it so
there will be no navigational problem.
Jim MacDowell noted that previously the plan was to use some of the existing
caissons and Mr. Lynch replied they now plan to drive piles all the way out.
Richard Femino asked how deep the piles will be driven and Mr. Lynch replied
four feet. Chris Hagger asked if any calculations were done on stability depth
penetration and Mr. Lynch replied in the affirmative. Chris Hagger asked
what he encountered at four feet and Mr. Lynch stated no soil samples were
taken--just penetration testing. City Engineer Fletcher noted the construction
is a truss type similar to the Beverly-Salem trestle. Mr. Lynch added the
piles are capable of much more than what they will put on them.
Chris Hagger asked what provisions were being made for pump out of holding
tanks. Mr. Kelley of Barnegat/Salem Sound Development replied they plan
a pump out area on one section of the facility which will pump to a holding
• tank which will subsequently be pumped out. Chris asked if there was any
Minutes of Meeting--October 13, 1983 Page 3
• spill control plans for this facility. Mr. Mentuck of Salem Sound Develop-
ment replied the pump will not run continuously, so there should be no problem.
Mr. Kelley added that it will be a suction type of line, so no effluent will be
discharged. Jim MacDowell asked what type of material the suction line will be
made of and Mr. Kelly replied it will be constructed of reinforced PVC pipe.
Jim MacDowell asked if they planned a fueling facility and Mr. Mentuck replied
in the negative. Mr. MacDowell asked if they had a clean-up plan for fuel loss
from boats and Mr. Mentuck replied they plan to use absorbent pillows.
Philip Moran noted they had abandoned the "cribbing" plan which they were
previously considering and Mr. Lynch replied they had decided this plan was
a better alternative. Mr. Moran asked how far out the slips will go and
Mr. Lynch replied they will go out close to 1000 feet. . Tony Fletcher noted
his Department will require drive records on the pilings.
Jim MacDowell asked if moorings will be used for the floats and Mr. Lynch
replied in the affirmative--they will be concrete blocks secured with 3/4"
chain. Richard Femino asked why moorings were going to be used rather that
more pilings and Mr. Mentuck replied that this way Y the could be removed in
the winter and there -would be no remaining pilings to pose a navigational
hazard. In response to a question from Chris Hagger, Mr. Lynch provided a
picture of the hardware they plan to use to connect the floats to the piers.
There being no further questions from the Commission, Chairman Moran asked
• for comments from those members of the public present.
Mr. Ralph Hobbs of the Winter Island Commission and the Waterways Advisory
Y
Board spoke in favor of the proposal and read a letter from the Waterways
Advisory Board endorsing the proposal (attached hereto and made a part hereof) .
Mr. Tom White of Winter Island Road spoke in opposition to the proposal and
read a letter to that effect (attached hereto and made a part hereof) . Mr.
Larry LeBoeuf of Winter Island Road also wished to be recorded as opposed.
Philip Moran addressed the matter of siltation problems which was addressed
in Mr. White's letter and the consensus of the Commission that there would
be no problem with timbers and a float system.
Upon the motion of Richard Femino and second of Chris Hagger, the public
hearing was closed. It was so voted, five in favor, none opposed.
Upon the motion of James MacDowell and second of Richard Femino, the Order
of Conditions for the project will be written and signed at our next meeting.
It was so voted, five in favor, none opposed.
PUBLIC HEARING--PHASE 'V SEWER PROJECT
Chairman Philip Moran read the notice of the public hearing and introduced
City Engineer Fletcher and Mr. Kevin O'Brien of C. E. Maguire, the con-
• sultants. to the project. The City Engineer noted that from previous discussions
slon
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Minutes of Meeting--October 13, 1983 Page 4
• with the Commission regarding the project, the area where there is a slight
amount of filling being done is just before the "St. Chretienne" curve where
some ponding would take place during flood tides if this area was not leveled.
Mr. O'Brien further explained that at this curve there was a problem of the
old pipe overflowing and causing an exfiltration problem, so when it was re-
placed that had to make sure any run-off would not undermine the pipe and
cause damage.
Mr. Fletcher noted that grading is now being done and they plan to re-seed
with native grasses. In response to a question from Mr. MacDowell regarding
cord grass replacement, Mr. Fletcher noted that they have not gone into the
marsh area at all. Mr. O'Brien added that their EIR update addressed this
particular area.
Upon the motion of James MacDowell and second of Raymond Lavender, the public
hearing was closed. It was so voted, five in favor, none opposed.
Upon the motion of James MacDowell and second of Richard Femino, the Order
of Conditions referencing the plans and specifications presented, was signed.
It was so voted, five in favor, none opposed.
OLD BUSINESS
The City Engineer noted he had inspected the area behind the transfer station
• where dumping had been observed by members of the Commission. He noted that
the tree stumps, etc. were from the Park Department. He further stated that
some things have already been removed and some more will be taken away shortly.
He will look into where the source of this dumping can be.
NEPCO EXTENSION
Upon the motion of Chris Hagger and second of Jim MacDowell, the Order of
Conditions for New England Power (464-85) was extended as requested. It was
so voted, five in favor, none opposed.
MINUTES
Upon the motion of James MacDowell and second of Raymond Lavender, the Minutes
of September 22, 1983, were approved. It was so voted, five in favor, none
opposed.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 9:40 p.m.
Res ectfully submitted,
7� E _
Dale E. Yale
Clerk
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ii�� alrrri. llacachil�etts 01970
i
October 8, 1983
To: Conservation Commission, City of Salem
Subj : Proposed Marina at Winter Island .
There are many reasons why this marina should not be allowed to
proceed, some of which I will include in this correspondence:
1. The City of Salem has very little in the way of free and complete
public waterfront access. This marina will restrict approximately
*�A
50% of what is remaining.
The area is now open land with a large quantity of wild life, which
will be either killed or dispossessed.
U3 The access road to Winter Island will not support the traffic which
will be generated by the marina and associated businesses. This
will adversely affect neighborhood property values.
�4 The proposed breakwaters will cause additional and accelerated
silting-in of Cat Cove. The result of which will be dredging by
New England Power to keep their in-take pipes clear, and by the
Department of Natural Resources for water flow. This cost will have
to be borne by the consumer and general public. Evidence of what
happens when breakwaters are indiscriminately built can be observed
at White St. Marina, Juniper Cove, and on a larger scale at Plum
Island. All of these areas have silted-in rapidly after breakwaters
were constructed. Before any permits for breakwater construction
are granted, I request that extensive tidal flow and wave action
• studies be done and that New England Power and the Cat Cove Marine
Laboratory be advised as to the results.
(5� The oil and gasoline spills along with the normal discharges associ-
ated with a marina may also have a detrimental affect upon the Cat Cove
Marine Laboratory, as there is now only one tidal entrance to the pool.
6. This property was deeded back to the City of Salem by the United States
Government for perpetual use as a public park. In view of the past
decision of the U. S. Courts regarding the construction of a public
school on park land, this project is completely illegal and beyond
the authority of the City of Salem to authorize.
7. At this stage in the city's development, I believe we should take a
long look at what legacy of free space we will leave for our children
to enjoy. We should not be coerced by promises of small sums of
money or political pressure for private gain.
These are but a few of the factors to be considered before granting
any further permits for this undertaking.
Sincerely,
Thomas J. White
19 Winter Island Rd.
• Salem, MA
`- cc• New England Power Co.
Cat Cove Marine Laboratory
U. S. Army Corp. of Engineers
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Salem. Massachusetts 01970
MINUTES OF MEETING
December 8, 1983
The Salem Conservation Commission held its regular meeting on Thursday, -
December 8, 1983, at 8:00 p.m., OneSalemGreen, second floor conference
room. Present were Alice Akatyszewski, Chris Nagger, James MacDowell, Glenn
Yale, and Conservation Aide, Charles Frederiksen. Philip Moran; Ravmond
Lavender, Richard Femino, and Associate Member Paul Willis were absent.
Vice-chairman Glenn Yale called the meeting to order at 8:02 p.m.
PUBLIC HEARING-9 LOCUST 'STREET
Developer Robert Gauthier and the owner of the property, Mr, Frank Harris,
were present to discuss the proposed construction of a single family dwelling
at 9 Locust Street; which is- a wetland area Vice-chairman Glenn Yale read
the notice of the public hearing. Mr. Gauthier stated they planned to build
a singlie-family dwelling on a buildable lot. All sewer and water plus utility
• connections are present. He stated that 180 yards of fill material to build
up the lot to avoid going through a neighbor's land. He has further found
By excavation that the land is- buildable--consisting of mostly clay material.
Glenn Yale questioned the build up of the lot to such a degree in the rear Wank
area)_, Mr, Gauthier replied that the lot dropped off so severely, this was
done to provide some yard area Charles Frederiksen observed that the tide
does not come up there. Glenn Yalefeltthat some feel the fill has been
pushed over on to the marsh. Mr. Gauthier disagreed, stating the only fill
material he used has been for backfill, Jim MacDowell asked if there was
any encroachment on the marsh and Charles Frederiksen replied it was quite
close, Glenn Yale asked what the slope from the bak lot to the water was and
Mr. Gauthier replied that it was no different than any of the neighbors.
Glenn Yale questioned the location of the basement floor at 14 and Mr. Gauthier
replied that they intend to water=proof the basement and this was consistent
with. the Btilding Inspector"s requirements. He added there were no change in
the. contours-.
Jim MacDowell asked if there were any signs of erosion and Mr. Gauthier replied
in the negative.. He has built up the property to create a plateau which is
level to avoid any erosion: Glenn Yale asked how he proposed to maintain the
slope and Mr. Gauthier replied there has been no change in the slope at all.
Glenn Yale expressed concern for the s3ope suffering changes from loose fill
and Mr. Gautheir felt this was no problem. Jim MacDowell asked if they were
willing to stake some hay bales or other appropriate erosion control measure
• and Mr. Gauthier felt this would be no problem. He suggested using planking
Minutes of Meeting--December 8, 1983 Page 2
instead of hay bales and this was agreeable to the Commission.. In response to
a question from Glenn Yale, Mr. Gauthier added that once the foundation was
put in, the elevations would be returned to their original heights.
Upon the motion of James MacDowell and second of Alice Akatvszewski, the Order
of Conditions referencing the presented plan dated November 1, 1983, with the
additional condition that appropriate erosion control measures be taken ad-
jacent to the wetland areas to the satisfaction of the Conservation Commission,
was signed. It was so voted, four in favor, none opposed.
FAFARD
Mr. Gerard McNeil and Mr. David Webster were present to discuss the draft
Order of Conditions discussed at our last meeting. Mr. McNeil presented a
plan of the project outlining areas A, B, and C, as requested. He added that
the order in which this areas will be developed is still contingent upon the
progress of the land swap; however, Area A will be begun this winter as there
is a time requirement under the grant for the road construction.
With regard to the 1" to 40' scale, they would like to present 1"-20' for the
smaller areas. Jim MacDowell felt this was no problem, but any work within
the wetland areas should be shown at a suitable scale. Therefore, order #1.2
of the Order of Conditions shall read, "A site plan at a scale of 1" equals
40' for each phase (plan attached)and enlargements to a scale acceptable to
the Conservation Commission where specific work under the jurisdiction of the
Wetlands Protection Act takes place shall be prepared by a registered profes-
sional engineer or registered land surveyor and shall show at least the fol-
lowing: . (remaining language is the same--see attached) . All other con-
ditions listed in the draft are mutually acceptable.
In response to a question from Glenn Yale, Mr. McNeil stated they anticipate two
construction shifts of seven to eight per shift. He noted further that they
plan to use siltation screens for erosion control which have been very effective.
Regarding the issue of aq_uafer protection for Thompson's Meadow, David Webster
has spoken with Dana Snow, Superintendent of Water and Sewer Department in
Marblehead, and the wells formerly located there were shallow in nature. The
question of requiring Fafard to take measures to test the bedrock aquafer re-
sources was discussed in some detail and it was decided to get a formal reaction
from Marblehead before taking any specific action on this matter.
RAGONE
Mr. Ragone was present at the request of the Commission to answer some questions
which. have arisen regarding the proposed use of his land off Swampscott Road.
His original Order of Conditions was extended and some complaints have been
received regarding filling and erosion problems.
Mr. Ragone acknowledged that he has not been able to move on this project as
quickly as he first thought; however, he will remove the accumulated debris
on the property, take the proper erosion control measures, and cooperate to
• the fullest extent possible. The Commission felt it was essential that the
marsh be protected and the slopes be maintained. Mr. Ragone agreed. Mr.
Ragone was also reminded that any new construction on the parcel will require
a new filing. He stated he plans to construct mini-warehouses on the site
and when he is ready to begin will file a Notice of Intent.
Minutes of Meeting--December 8,..1983 Page 3
PICKMAN PARK EXTENSION OF ORDER OF CONDITIONS -
The Commission reviewed the plan presented and it was ascertained that there
had been no changes since the original filing. Therefore, upon the motion of
Alice Akatyszewski and second of Chris Hagger, the Order of Conditions was
extended. It was so voted
MINUTES
Upon the motion of Alice Akatyszewski and second of Chris Hagger, the Minutes
of November 10, 1983, were approved. It was so voted.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 9:55 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
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Conservation Commission
Salem. Massachusetts 01970 .
1
ASS>�t\`
TO: Jerry McNeil, Fafard Company
FROM: Dale Yale, Conservation Commission Clerk n
RE: Revised draft Order of Conditions per meeting November 10, 1983. U
12. A site plan at a scale of 1" equals 20' for each phase (plan:.attached) shall
be ,prepared by a registered professional engineer or registered land surveyor
and shall show at least the following lot lines within which the development
is proposed and the tie-in to the nearest road interesection; the location,
boundaries, and dimensions of each lot in question; two-foot contours of the
existing and proposed land surface; location of existing and proposed structures,
water courses, drainage and drainage easements, means of access, utilities,
and sewer disposal facilities. Proposed elevations should be noted_
13. Site development plans when submitted to the Planning Board shall be sub-
mitted concurrently to the Commission to determine the adequacy of drainage
and maintenance of the integrity of the controls stipulated under this Order.
14. The members-and agents of the Commission shall have the right to enter and
inspect the premises to evaluatie compliance with these conditions and to re-
quire the applicant to submit any data deemed necessary by the Commission for
that evaluation.
15. All approvals of any work performed in accordance with- this Order shall be
acted upon at regularly scheduled -meetings of the Comaission, --Request for In-
spections by the Commission or their agent shall be in writing. Advance notices
shall state specifically the area A, B, or C which is subject to inspection
and -the statement shall include a. general description of the work considered done_
16. Each phase shall be reviewed and acted upon by the Conservation Commission in-
dependently and'as"rt impacts the total development.
17. Written inspection reports relative to items regulated under the Order of
Conditions shall be prepared by the "Clerk of the Works" designated by the
Planning Board and shall be provided to the Commission on a bi-monthly basis_
18. Siltation and Erosion Control plans shall be submitted to the Conservation
Commission for its- approval 30 days prior to the commencement of each phase..
Said plan shall stipulate a phased construction schedule required by the Con-
servation Commission and shall be strictly adhered to.
19. No filling and/or grading of an area is allowed until the siltation control
facilities are installed, inspected and approved by the Clerk of the Works.
•
Draft Order of Conditions--Highland Acres Page 2
20. Updated drainage calculations shall be submitted to the Conservation Com-
mission with application for specific phases.
21. Any conservation work required within a specific phase by this Order of Con-~
ditions shall be completed to the satisfaction of the Conservation Commission
prior to the commencement' of work in a subsequentphase unless prior consent from
the Commission is obtained. This consent shall not be unreasonably withheld.
22. Any changes made or. intended to be made in the plans shall require the apple
cant to inquire of the Conservation Commission in writing whether the change
requires an amendment to .the original filing.
23. Prior to issuance of a, Certificate of Compliance for any phase of the project;
the developer shall submit evidence of the dedication of drainange easements of
overall drainage facilities within the phase including, but not necessarily limited
-to retention areas, detention areas, control structures, pipes, drainage swales
and appurtenant facilities.
24. As-built drawings, stamped by a Registered Professional Engineer or Registered
Land Surveyor, shall be submitted for each phase within thirty (30) days of the
completion of the phase;';prior to issuance of a Certificate of Compliance for that
phase.
25. A list of any proposed above-ground or underground storage facilities for
• chemicals and/or fuel, together with engineering construction plans, shall be
submitted to the Eonservation Commission.prior to any construction of same. -
26. Aquafer protectionlanguagesubject to discussion between David Webster and
Chris Hagger of the Commission.
27. This Order of Conditions shall apply to any successor in interest or suc-
cessor in control.
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Salem. Massachusetts 01970
yASSnC�
AGENDA--SEPTEMBER 22, 1983
1. Public Hearing--Moose/Crete Filling of Land
2. Report on Field inspections
3. Fafard sub-committee report
4. Approval of Minutes
5. Old Business
6. New Business
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Salem. Massachusetts 01970
ASS.C�°y
MINUTES OF MEETING
September=22, 1983
The Commission met at One Salem Green, second floor conference room on Thursday,
September 22, 1983. Present were Alice Akatyszewski, James MacDowell Richard
Femino Raymond Lavender Christopher pher Hagger, and Philip Moran. Glenn Yale and
Associate Member Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8:00 p.m.
PUBLIC HEARING--MOOSE LANDFILL
Chairman Philip Moran read the notice of the public hearing and declared the
hearing open. Mr. .Thomas Neve, engineer for the project, and Mr. Joseph Falzone,
Specification Soils, Inc. were present to discuss their proposal for filling
of land abutting the Moose Lodge property for future development. They plan
to use "clean" fill--gravel, clay, some excavation materials and roots and
stumps in designated areas. They plan to fill the deep crevice on the property
• and extend the existing culvert. They also plan to install a manhole to grade and
place a new headwall at the toe of the slope. The pipe they plan to install will
be angled to follow the ditch so there will be no re-direction of the flow.
Philip Moran expressed concern for the steepness of the slope and James MacDowell
noted that the area had been re-worked so much that what is now present is not
whattis :shown':on thespian. Mr. Neve stated there is a 25' difference in elevations
and Jim MacDowell added the contours on the plan are different from what exists
and the Commission would like to see specific topos on the plan.
Mr. MacDowell further asked how much area of wetland is actually being filled and
Mr. Neve replied, he anticipates 7000 square feet. Jim MacDowell asked where the
lot lines were and Mr. Neve noted the parcel is actually divided into four. Mr.
MacDowell stated these lines must be shown on the plan to satisfy the requirement
of the Wetlands regulations governing the amount of square footage per lot which is
to be filled. Mr. Neve felt this was no problem. Mr. MacDowell stated the Com-
mission will require a detail of how much wetland is being filled. Further, Mr.
Neve will meet with- Richard Femino to establish the wetland areas by inspecting the
vegetation. Contours and quantity of vegetation should be shown on the plan.
Jim MacDowell addressed the matter of a pocketing situation in the area near the
brook and Mr. Neve will look into this.
Chris Hagger asked if any analysis was ever done of the brook and the matter of the
culvert under Highland Avenue was also addressed. Mr. Neve felt the culvert did
not operated The-culvert they plan will extend from the existing culvert and will
Minutes of Meeting--September 22, 1983 Page 2
r
• be the same size per the City Engineer's instructions. James MacDowell suggested
checking with the state DPW regarding the culvert. He also added that the materials
dumped on the site--refrigerators, tires, etc.--would have to be removed prior to
any filling.
Mr. Joseph Falzone wished to be recorded in favor of the proposal. Mr. Frank Lucca,
secretary of the Moose Lodge is also in favor of the proposal.
Mr. Fred Sullivan, Chairman of the Marblehead Conservation Commission, stated he had
spoken with the Water Department in Marblehead. They are not necessarily opposed to
the proposal, but are concerned with the impact on Thompson's Meadow, which is their
secondary water supply. They want the water quality to remain high and urge that
only clean fill be used. He questioned the use of bituminous and concrete as fill
materials and Mr. Neve replied it would only be, the remains of excavation. Mr.
Sullivan also asked that Mr. 'Neve guarantee there be no unauthorized dumping during
the fill operation. Mr. Neve replied they will fence off the area and provide
security. a t
Mr. Jean LaChapelle, owner of land abutting the conservation land on the other side
of the street, expressed concern for the stagnant water existing on their property.
He felt it was a health hazard and nothing new should be started before this
matter was resolved. Mr. Moran agreed that it was foolish to extend a culvert
which was already blocked. Mr. Neve will speak with the state to try and get the
culvert cleaned, but feels they should not be held responsible for an existing
problem.
• James MacDowell felt the State should also have input regarding the access manhole.
City Engineer Tony Fletcher added that he had had verbal committment from the State
to clean the culvert.
James MacDowell noted that bituminous could not be put directly within the wetland
area and Mr. Neve felt perhaps a designated site could be ascertained. Mr. MacDowell
felt a water testing program should be set up with testing done on a regular basis.
Mr. Neve felt this was no problem. Mr. MacDowell asked Mr. Neve to outline this
for the Commission. Mr. Neve felt they would do basic EP tosicity testing at six-
month intervals.
Mr. Hugh Mulligan of the Marblehead Conservation Commission asked what their time-
table to completion would be and Mr. Neve felt it would be less than two years.
Mrs. Alda LaChapelle reiterated her concern for no new filling to be done before
the matter of the pipe is resolved. Mr. Moran stated he will see that this is ad-
dressed.
Upon the motion of Raymond Lavender and second of Alice Akatyszewski, the hearing
was continued until October 13, 1983. It was so voted, six in favor, none opposed.
MINUTES
Upon the motion of Alice Akatyszewski and second of Raymond Lavender, the minutes of
• the previous meeting were approved. It was so voted, six in favor, none opposed.
Minutes of Meeting--September 22, 1983 Page 3
FAFARD SII
The sub-committee on Fafard had met and James MacDowell reported that the
final EIR has been submitted. The major concern of the sub-committee was
the drainage calculations and they have been revised. Jim MacDowell has
reviewed them and is satisfied'that more detail , etc. has been presented.
The items discussed at the sub-committee meeting included retention ponds,
with pipe outlets, the question of traps being included, maintenance, etc.
City Engineer Anthony Fletcher stated his department would insist on traps
and the maintenance of the ponds and outlets would be under the jurisdiction
of the condominium association except in the case of those located on
City-owned land. His department would provide a "watchdog" on the maintenance
of these outlet pipes.
Jim MacDowell asked about the possibility of an inspection person for the
project and Mr. Fletcher stated that funding shall be provided by the
developer for an inspector. Chris Hagger asked if the City and the Com-
mission would have input into who is hired and Mr.Fletcher replied in the
affirmative. Chris Hagger felt that there were critical areas that the Con-
servation Commission needed to address. James MacDowell added we would need
on-going site plan review, erosion control programs, etc. Mr. Fletcher stated
he would require as-built drawings submitted to his department for each phase
of the project.
• Mr. Maschi of the Fafard Company will be sending sample Orders of Conditions
from previous projects for the sub-committee's perusal. They will be meeting
again in the near future to begin drafting an Order of Conditions'--for the
Commission's consideration.
REPORT ON FIELD INSPECTIONS
Glenn Yale, Philip MO'ran, and James MacDowell inspected several areas the
Saturday previous to this-meeting. There appears to be a dump area right
on the wetland behind the transfer station of some magnitude. Hydraulic
oil is leaking into the brook and the dumping is quite recent with fresh
tracksleading in. The City Engineer will look in to the matter.
Regarding the Sunoco Station on Highland Avenue, the Commission has determined
that the cutting of the vegetation around the swale on Mr. Gauthier's pro-
perty will have no adverse effect on the wetland.
Regarding an area off Emerald Avenue, the area in question is a "perched"
area which. collects- run-off. There is no problem with drainage, but the
developer will have to file a determination if there is to be construction
there.
Philip Moran asked the City Engineer what provisions have been made to restore
the area which. has been distrubed with. the sewer project construction on
Loring Avenue. Mr. Fletcher replied that they will restore the grass, etc.
A public hearing addressing this- issue further will be held on October 13,1983.
Minutes of Meeting--September 22, 1983 Page 3
FAFARD
The City Engineer was present to discuss the various
l
Minutes of Meeting--September 22, 1983 Page 4
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 9:40 p.m.
1'Respectfully submitted,
Dale E. Yale 11//
Clerk
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z Conservation Commission
• Salem. Massachusetts 01970
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ti.tssn���a
AGENDA--OCTOBER 27, 1983
1. Order of Conditions--Moose Landfill
2. Order of Conditions--Winter Island Marina
3. Fafard
4. Approval of Minutes
5. old Business
6. New Business
•
%ON Cp��,
z Conservation Commission
Salem. Massachusetts 01970
y+�ASSe
5
MINUTES OF MEETING
October 27 , 1983
The Salem Conservation Commission met at One Salem Green, second
floor on Thursday, October 27, 1983 . Present were Raymond Lavender,
James MacDowell, Alice Akatyszewski, Glenn Yale , and Conservation
Aide Charles Frederiksen. Philip Moran, Richard Femino , Christopher
Hagger, and Associate Member Paul Willis were absent.
Vice-chairman Glenn Yale called the meeting to order at 8,05 p.m.
MOOSE LANDFILL--ORDER OF CONDITIONS
Following discussion of the draft Order of Conditions , upon the mo-
tion of Alice Akatyszewski and second of Raymond Lavender, the Or-
der of Conditions (attached hereto and made a part hereof) were
accepted. It was so voted, four in favor, none opposed. The Order
of Conditions was signed and notarized.
WINTER ISLAND MARINA
• Following discussion of the draft, upon the motion of Raymond Lavender
and second of Alice Akatyszewski, the Order of Conditions (attached
hereto and made a part hereof) were accepted. It was so voted, four
in favor, none opposed. The Order of Conditions was signed and
notarized.
FAFARD
Mr. Jerry McNeil, consultant to the Fafard project, has requested
any draft Order of Conditions be sent to him and he will be present
at our next meeting to discuss them in greater detail with the
Board. A draft Order (attached hereto and made a part hereof) was
discussed and written and will be discussed with Mr . McNeil at our
next meeting.
MINUTES
Upon the motion of Alice Akatyszewski and second of Raymond Lavender,
the Minutes of the previous meeting were accepted. It was so vo-
ted, four in favor, none opposed.
There being no further business, a motion was made to adjourn. Ha-
ving passed unanimously, the meeting was declared adjourned at 9:45
p.m.
• Respectfully submitted,
Dale E. Yal
Clerk
Form 564-96
DEOE File tdo.
(Tobe provided by DECE)
• '- -
Commonwealth City/TownSALEM
of Massachusetts Applicant- Mr. Joseph Falzone
-
on behalf of Loyal Order
of Moose Lodge -
Order of Conditions
Massachusetts Wetlands Protection Act.
G.L. c. 1 31, §40
FromSALEM CONSERVATION COMMISSION -
To_?4r' Joseph Falzcne LoyalOrderof Moose/Crete Realtv Trtgt
(Name of Applicant) (Name of property owner)
Address P. Box 357, Beverly, hL1. - Address 319 Highland Ave. Salem
This Orders issued and delivered as follows:
❑ Eby hand delivery to applicant or representative on (date)
T3 by certified mail,return receipt requested on November 7, 1983 (date)
This project is located at 319 Hi gh1 and Avenue Sa i em MA
C�
The property is recorded at the Registry of Essex
Book 6097 Page 592
Certificate(if registered) 6104; 5858 '(See Cert. #29365; 44569; 4f561
The Notice of Intent for this project was filed on August 23, 1983 (date)
The public hearing was closed on October 1.3, 1983 (date)
Findings
The SALEM CONSERVATION COMMISSION _has reviewed the above-referenced Notice of-
Intent and plans and has held a public hearng on the project.Based on the information available to the
CONSERVATION cmimTSSTom at this time,the COMMTSATON has determined that
the area on which the proposed work into be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
a Public water supply ❑ Storm damage prevention
• xJf Private water supply ,N Prevention of pollution
C xD Ground water supply ❑ Land containing shellfish
x$7 Flood control ❑ Fisheries
51
Therefore,the SALEM CONSERVATION COMMISSION hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above.The CONSERVATION COMMISSION orders that ail work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol-
lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice
of Intent,the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas-
ures,shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local staiutes, ordinances, by-laws or regulations
4: The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply: .
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three years,but less than
five years,from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by.the issuing authority for one or more periods of up to threeyears each
• upon application to the issuing authority at least 30 days prior to the expiration date of the Order_
6. Any fill used in connection with this project shall be clean fill,containing no trash,refuse,rubbish or de-
bris,including but not limited to lumber,bricks,plaster,wire,lath, paper,cardboard,pipe,tires,ashes,
refrigerators,motor vehicles or parts of any of the foregoing. -
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if
such an appeal has been filed,until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds orthe[and
Court for the district in which the land is located,within the chain of title of the affected property.in the
case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done.In the case of registered land,the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the rnrnMTggrnV
on the format the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words,"Massachusetts Department of Environmental Quality Engineering,-
File Number 64-9:6
10.Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
• 11 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12.The work shall conform to the following plans and special conditions:
5-2
` Plans:
Title Dated Signed and Stamped by:
On Fite with:
Plan of Land in Salem, MA.
Prepared to Accompany a Notice
of Intent proposing to fill land
o a em o ge 7L$ oya
Order of moose and Crete Realty
Trust" - -
8-1-83; Rev.
10-10-83 Thomas E. Neve 30138
Conservation Commission
Special Conditions(Use additional paper if necessary)
13. All work shall conform to above=named plans.
14 . No bituminous material or tree stumps shall be placed with.. 10.0'
distance of the wetland. . horizontal
15. Surface drainage patterns in the area bordering Hutchinson Drug o br.tY
area.
(southeast portion of the site) shall be maintained toward the existingj,�et`1an3, '.. • ;
16. A copy of the state DPW permit for the extension of the drain si 11 be%
on rior
submitted to " he Commissipto commencement of work. Y
17. The members and agents of the Conservatio
to enter and inspect the premises n Commission shall have'the rgYtu< < 'f
to evaluate compliance with these conditions
and to require the applicant .to submit an
to
d
a
Y deemed
necessary es
a
rI bY the Commissionssionfor that evaluation. Any changes made or intended tobe made in the plans shall `
require the applicant to inquire of the Commission in writing whether the change
requires a new filing.
18. Security of the property shall be the responsibility of the applicant.
A fence shall be erected around the entire site controlled by a locked gate
to insure there is no unauthorized dumping of non-acceptable materials.
19. All unacceptable material currently onsite, including but not necessarily
limited to refrigerators; tires, appliances, scrap metals, etc. , shall be removed
prior to commencement of work.
CONTI - - -
NUED ON ADDENDA PAGE THREE -
. . ......................•--
. -
" (Leave Space Blark) � •" -
- _ . .
5-3A
-3-
ADDENDA TO # 64-96 Loyal Order of Moose/Crete Realty Trust Order of Conditions
20. Water sampling and analysis shall be performed by a State-certified laboratory
prior to commencement of work and at six-month intervals during the life of the
project. Water testing shall include total suspended solids, dissolved solids,
total solids, Ph, Ethyl Benzene, Benzene, Xylene, Toluene. Results of these
tests shall be submitted to the Commission within thirty (30) days of the sampling_.
The Commission shall be notified of the sampling dates and an authorized represen-
tative of the Commission shall be present at the time of the sampling. Samples
shall be taken at the location of the proposed head wall. Eased upon the results
of the independent laboratory testing, the frequency of additional testing shall
be determined by the Commission.
21. Any site modifications other than as shown on the referenced plan within
one-hundred feet of the proposed 36" drain or the wetland area in the southwest
corner of the site shall require a new filing.
22. Approved and adequate measures of soil erosion protection and siltation
prevention shall be implemented whenever and wherever the existing ground has
been disturbed .in the vicinity of or in areasco:ntributing runoff to local -,
streams, retention areas and waterways.
23. As-built drawings, stampled by a Registered Professional- Engineer or
Registered Land Surveyor, shall be submitted to the Commission prior to
issuance of a Certificate of Compliance.
•
YJA-
Issued By SALEM- CONSERVATION COMMISSION Conservation Commission
Signature(s) _
This Order must be signed by a majority of the Conservation Commission.
On this 27 th day of_October t9 83 before ma
the above named
personally appeared tome known to be the
_.person described in and who executed the foregoing instrument and ac'. nowledged that he/she executed
the„
*pas hisiher free act and deed. 3,
1 J ^�
- 9-9-88
x
No�?ry olid Nl y commission expires
T.�appacant.the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to -
�b�,eron'a-,-ra,-ry ten residents of the city or town in which such land is located are hereby notified of their right to request the Department
of quality Engineering to issue a Supersedirig Order,providing the request is madeby ceitlfied maitor hand delivery to
�uffliltrr.ment within ten days from the date of issuance of this Order.Atopy of the e-quest shall at the same timebe sent by certified _ -
• mail or hand delivery to the Conservation Commission and the applicant
r -
t
"- r
" Detach on dotted line and submit to the prior to commencement ofi world - -
To :IssuingAuthority
Please be advised that the Order of Conditions for the project at - - -
File Number has been recorded at the Registry,of - and
has been noted in the chain of fide of the affected property in accordance with General Condition S on t9_
It recorded land,the instrument number which identities this transaction is
• If registered land,the document number which identifies this transaction is
Signature_ _ Applicant
5=4A
,`1lOV CU��
b
Coeron commission
Salem. Alassaehusetts 01970
TO: Jerry McNeil, Fafard Company
FROM: Dale Yale, Conservation Commission Clerk
RE: Draft Order of Conditions for Highland Acres project
The first eleven orders would be included in the standard Order of Conditions
form.
12. A site plan at a scale of 1" equals 20' shall be prepared by a registered
professional engineer or registered land surveyor and shall show at least the
following: lot lines within which the development i's,nroposed and the tie-in
to the nearest road intersection; the location, boundaries, and dimensions of
each lot in question; two-foot contours of the existing and proposed land
surface; location of existing:.and proposed structures, water courses, drainage
and drainage easements, means of access; utilities, and sewer disposal facilities.
Proposed elevations should be noted.
• 13 Site development plans when submitted to the Planning Board shall be
submitted concurrently to the Commission to determine the adequacyrof drain-
age-and maintenance of the integrity of the controls stipulated under this
Order.
14. The members and agents of the Commission shall have the right to enter
and inspect the premises to evaluate compliance with these conditions and
to require the applicant to submit any data deemed necessary by the Commission
for that evaluation.
15. All approvals of any work performed in accordance with this .Order shall be
acted upon at regular scheduled meetings of the Commission. Request for
inspections by the Commission or their agent shall be in writing. Advance notices
shall state specifically the area A, B, or C which is subject to inspection
and the statement shall include a general description of the work considered
done.
16. Each phase shall be reviewed and acted upon by the Commission independently_
17. Written inspection reports relative to items regulated under the Order of
Conditions shall be prepared by the "Clerk of the Works" designated by the Plan-
ning Board and shall be provided to the Conservation Commission on a bi-monthly
basis.
18. Siltation and Erosion Control plans shall be submitted to the Conservation
Commission for its approval 30 days prior to the commencement of each phase.
• Said plan shall stipulate a phased construction schedule required by the
Conservation Commission and shall he strictly adhered to.
Draft Order of Conditions--Highland Acres Page 2
19. No filling and/or grading of an area is allowed until the siltation con-
trol facilities are installed, inspected and approved in writing by the Conser-
vation Commission.
20. Updated drainage calculations shall be submitted to the Conservation Com-
mission with application for specific phases.
21. Any work required within a specific phase by this order of Conditions shall
be completed to the satisfaction of the Conservation Commission prior to the
commencement of work in a subsequent phase.
22. Any changes made or intended to be made in the plans shall require the
applicant to inquire of the Conservation Commission in writing whether the
change requires a new filing.
28. Prior to issuance of a Certificate of Compliance for any phase of the project,
the developer shall submit evidence of the dedication of drainage easements of
overall drainage facilities within the phase including, but not necessarily limited
to retention areas, detention areas, control structures, pipes, drainage swales,
and appurtenant facilities.
24. This order of Conditions shall apply to any successor in interest or
successor in control.
• These areas are still to be discussed at the next meeting on Thursday, November 10:
Language relating to the protection of the wildlife habitat.
Storage capacity of Thompson's Meadow
A condition requiring a listing of all underground storage facilities.
A condition requiring a depth. of at least four feet of clean fill above the
highwater table be maintained (Stagnation prevention)
Public access
Maintenance of catch. basins (.annually) (containing oil traps) and control structures.
•
,.�%oN COb
z� z Conservation Commission
Salem. Massachusetts 01970
nssn���5
AGENDA--NOVEMBER 10, 1983
1. Jerry McNeil--Fafard
2. Approval of Minutes
3. Old Business
4. New Business
•
•
?� No Conservation Commission
Salem. Massachusetts 01970
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will hold its
regular meeting on Thursday, December 8, 1983, at 8:00 p.m. , One Salem Green,
second floor conference room.
Philip Moran
Chairman
AGENDA:
1. Public Hearing--9 Locust Street, Single=family dwelling
• 2. Ragone
3. Fafard
4. Approval of Minutes
5. Old Business
7. New Business
Please take a look at 9 Locust Street and Ragone's property on Swampscott Road
next to the Transfer Station before the meeting. Work at 9 Locust Street was
stopped pending the public hearing and it is the general feeling of those who
have already looked at the Ragone property that he is in massive violation of
his Order of Conditions (copy enclosed) . He has been invited to the meeting
to discuss this further.
•
z Conservation Commission
Salem. Massachusetts 01970
ASS�C���
MINUTES OF MEETING
November 10, 1983
The Salem Conservation Commission met at One Salem Green, second floor conference
room, on Thursday, November 10, 1983. Present were Philip Moran, Richard Femino,
Christopher Hagger, Glenn Yale, and Raymond Lavender. Also present were Charles
Frederiksen, Conservation Aide, Jerry McNeil of Fafard, and David Webster, con-
sultant to the Fafard project. James MacDowell, Alice Akatyszewski, and Associate
Member Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8:05 p.m.
FAFARD
Mr. Jerry McNeil gave the board an update of the progress of the Highland Acres
project and stated he plans to submit a PUD application and plans to the Plan-
ning Board within thirty days. He further noted that a MEPA review is underway
and a final Environmental Impact Report will be completed shortly. He added that
archeological studies have discovered evidence of an ancient way which they
intend to incorporate into a pedestrian walkway or some other means of preserving
• it. Further, a plaque of some sort will be erected to preserve the historical
nature of the area. No other artifacts or evidence to suggest any further his-
torical significance were discovered.
Mr. McNeil further outlined the planned land swap which will enable the Fafard
Company to more equitably distribute their planned 700 residential units over
100 acres rather than the sixty they now own. He noted the zoning now allows
them to put the total number of planned units on sixty acres, but it certainly
was desirable from both their point of view and the City's to distribute them
over 100 acres. He noted the total construction time is estimated to be six
years. Mr. McNeil assured the board of his committment to continued cooperation
over the life of the project.
There followed a lenghty discussion of the draft Order of Conditions which was
previously distributed to the board. Following, a new draft was drawn (attached
hereto and made a part hereof) which will be discussed further at our next meeting.
Glenn Yale noted that he felt strongly that there should be conservation restrictions
on any land the City receives from Fafard. Mr. McNeil agreed this would be a good
idea.
MINUTES
Upon the motion of Chris Hagger and second of Glenn Yale, the Minutes of the
previous meeting were approved. It was so voted.
•
I
Minutes of Meeting--November 10; .1983 Page 2
•
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 10:10 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
•
rz Co rCommissionon �
i
\ Salem. Massachusetts 01970
`Tor Jerry McNeil, Fafard Company _-
FROM: Dale Yale, Conservation Commission Clerk
RE: Revised draft order of Conditions per meeting November lo, 1983-
12. A site plan at a scale of 1" equals 20! for each phase (plan-attached) shall.
be prepared by a registered professional engineer or registered land surveyor
and shall show at least the following: lot lines within which the development
is proposed and the tie-in to the nearest road interesection; the location,
boundaries, and dimensions of each lot in question; two-foot contours of the
existing and proposed land surface; location of existing and proposed structures,
water courses, drainage and drainage easements, means of access, utilities,
and sewer disposal facilities. Proposed elevations should be noted_
13. Site development plans when submitted to the Planning Board shall be sub-
mitted concurrently to the Commission to determine the adequacy of drainage
and maintenance of the integrity of the controls stipulated under this order_
•
14.. The-membersand agents of the- Commission shall have the right to enter and
inspect the premises to evaluatie compliance with these conditions and to re-
quire the applicant to submit any data deemed necessary by the Commission for
that evaluation.
15. All approvals of any, wore- performed in accordance w trL this Order" shall be
acted upon at regularly scheduled -meetings of`the: Commiission-- --Request for in-
spections by the Commission or their agent shall be in writing_ Advance notsces
shall state specifically the area .A, B, or C which is subject to inspection
and the statement shall include a general description of the work considered done_
16. Each phase shall be reviewed and acted upon by the conservation Commission in-
dependently. and7as7it*impacts the total development_
17. Written inspection reports relative to items regulated under the order of
Conditions shall be prepared by the "Clerk of the Works" designated by the
Planning Board and shall be provided to the Commission on a bi-monthly basis_
18. Siltation and Erosion Control plans shall be submitted to the Conservation
i� Commission for its approval 30 days prior to the ccr encement of each phase_
Said plan shall stipulate a phased construction schedule required by the Con-
servation Commission and shall be strictly adhered to_
19. No filling and/or grading of an area is allowed until the siltation control
• facilities are installed, inspected and approved by the Clerk of the Works_
l
I
Draft Order of Conditions--Highland Acres Page 2
20. Updated drainage calculations shall be submitted to the Conservation Com-
mission with application for specific phases.
21. Any conservation work required within a specific phase by .this Order of Con-
ditions shall be completed to the satisfaction of the Conservation Commission
prior to the commencement of work in a subsequent phase unless prior consent from
the Commission is obtained. This consent shall not be unreasonably withheld_
22. Any changes made or intended to be made in the plans shall require the appli—
cant to inquire of the Conservation Commission in writing whether the change
requires an amendment to the original filing.
23. Prior to issuance of a Certificate of Compliance for any phase of the project,
the developer shall submit evidence of the dedication of drainange easements of
overall drainage,facilities within the phase including, but not necessarily limited
to retention areas, detention areas, control structures, pipes, drainage swales,
and appurtenant facilities.
24. As-built drawings, stamped by a Registered Professional Engineer or Registered
Land surveyor, shall be submitted for each phase within thirty (30) days of the
completion of the phasev:.prior to issuance of a Certificate of Compliance for that
phase.
25. A list of any proposed above-ground or underground storage facilities for-
chemicals
orchemicals and/or fuel, together with engineering construction plans, shall be
submitted .to the Eonservation Commission prior-to anw construction of same--
26. Aquafer protection language subject to discussion between David. Webster and
Chris Hagger of the Commission.
27. This Order of Conditions shall apply to any successor in interest or suc-
cessor in control.
•
z Conservation Commission
Salem. Massachusetts 01970
Hassnc���
MINUTES OF MEETING
December 8, 1983
The Salem Conservation Commission held its regular meeting on Thursday,
December 8, 1983, at 8c00 p.m. , One Salem Green, second floor conference
room. Present were Alice Akatyszewski, Chris Nagger, James MacDowell, Glenn
Yale, and Conservation Aide, Charles Frederiksen. Philip Moran, Raymond
Lavender, Richard Femino, and Associate Member Paul Willis were absent.
Vice-chairman Glenn Yale called the meeting to order at 8:02 p.m.
PUBLIC HEARING^ 9 LOCUST 'STREET
Developer Robert Gauthier and the owner of -the- property, Mr, Frank Harris,
were present to discuss the proposed construction of a single family dwelling
at 9 Locust Street, which is a wetland area -Vice-chairman Glenn Yale read
the notice of the public hearing. Mr. Gauthier stated they planned to build
a singlie--family dwelling on a buildable lot. All sewer and water plus utility
connections- are present. He stated that 180 yards of fill material to build
up the lot to avoid going through a neighbor's land. He has further found
• by excavation that the land is- buildable-=consisting of mostly clay material.
Glenn Yale questioned the build up of the lot to such a degree in the rear (bank
area)_. Mr. Gauthier replied that the lot dropped off so severely, this was
done to provide some yard area. Charles Frederiksen observed that the tide
does not come up there. Glenn Yale felt that some feel the 'fill has been
pushed over on to the marsh. Mr. Gauthier disagreed, stating the only fill
material he used has- been for backfill. Jim MacDowell asked if there was
any encroachment on the marsh and Charles Frederiksen replied it was quite
close. Glenn Yale asked what the slope from the bak lot to the water was and
Mr. Gauthier replied that it was no different than any of the neighbors.
Glenn Yale questioned the location of the basement floor at 14 and Mr. Gauthier
replied that they intend to water-proof the basement and this was consistent
with. the Building Inspector"s requirements. He added there were no change in
the contours-.
Jim MacDowell asked if-therewere any signs of erosion and Mr. Gauthier replied
in the negative He has- built up the property to create a plateau which is
level to avoid any erosibn.. Glenn Yale asked how he proposed to maintain the
slope and Mr. Gauthier replied there has been no change in the slope at all.
Glenn Yale expressed concern for the slope suffering changes from loose fill
and Mr. Gautheir felt this- was- no problem. Jim MacDowell asked if they were
willing to stake some hay bales or other appropriate erosion control measure
and Mr. Gauthier felt this-.would be no problem. He suggested using planking
t
Y
Minutes of Meeting--December 8, 1983 Page 2
• instead of hay bales and this was agreeable to the Commission. In response to
a question from Glenn Yale, Mr. Gauthier added that once the foundation was
put in, the elevations would be returned to their original heights.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the Order
of Conditions referencing the presented plan dated November 1, 1983, with the
additional condition that appropriate erosion control measures be taken ad-
jacent to the wetland areas to the satisfaction of the Conservation Commission,
was signed. It was so voted, four in favor, none opposed.
FAFARD
Mr. Gerard McNeil and Mr. David Webster were present to discuss the draft
Order of Conditions discussed at our last meeting. Mr. McNeil presented a
plan of the project outlining areas A, B, and C, as requested. He added that
the order in which this areas will be developed is still contingent upon the
progress of the land swap; however, Area A will be begun this winter as there
is a time requirement under the grant for the road construction.
With regard to the 1" to 40' scale, they would like to present 1"-20' for the
smaller areas. Jim MacDowell felt this was no problem, but any work within
the wetland areas should be shown at a suitable scale. Therefore, order #12
of the Order of Conditions shall read, "A site plan at a scale of 1" equals
40' for each phase (plan attached)and enlargements to a scale acceptable to
the Conservation Commission where specific work under the jurisdiction of the
• Wetlands Protection Act takes place shall be prepared by a registered profes-
sional engineer or registered land surveyor and shall show at least the fol-
lowing; . . (remaining language is the same--see attached) . All other con-
ditions listed in the draft are mutually acceptable.
In response to a question from Glenn Yale, Mr. McNeil stated they anticipate two
construction shifts of seven to eight per shift. He noted further that they
plan to use siltation screens for erosion control which have been very effective.
Regarding the issue of aquafer protection for Thompson's Meadow, David Webster
has spoken with Dana Snow, Superintendent of Water and Sewer Department in
Marblehead, and the wells formerly located there were shallow in nature. The
question of requiring Fafard to take measures to test the bedrock aquafer re-
sources was discussed in some detail and it was decided to get a formal reaction
from Marblehead before taking any specific action on this matter.
RAGONE
Mr. Ragone was present at the request of the Commission to answer some questions
which have arisen regarding the proposed use of his land off Swampscott Road.
His original .Order of Conditions was extended and some complaints have been
received regarding filling and erosion problems.
Mr. Ragone acknowledged that he has not :been able to move on this project as
quickly as he first thought; however, he will remove the accumulated debris
on the property, take the proper erosion control measures, and cooperate to
the fullest extent possible. The Commission felt it was essential that the
marshbe protected and the slopes be maintained. Mr. Ragone agreed. Mr.
Ragone was also reminded that any new construction on the parcel will require
a new filing. He stated he plans to construct mini-warehouses on the site
and when he is ready to begin will file a Notice of Intent.
Minutes of Meeting--December 8,,1983 Page 3
•
PICKMAN PARK EXTENSION OFORDEROF CONDITIONS
The Commission reviewed the plan presented and it was ascertained that there
had been no changes since the original filing. Therefore, upon the motion of
Alice Akatyszewski and second of Chris Hagg er, the Order of Conditions was
extended. It was so voted
MINUTES
Upon the motion+ of Alice Akatyszewski and second of Chris Hagger, the Minutes
of November 10, 1983, were approved. It was so voted.
e
There beingno further business, a motion was made to-adjourn. Having passed
unanimously, the meeting was declared -adjourned at 9:55 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
Corlservaton Commission
Salem. Massachusetts 01970
lie ss,
'TO: Jerry McNeil, Fafard Company
FROM: Dale Yale, Conservation commission Clerk
RE: Revised draft Order of Conditions per meeting Nov� ber IO, 1983-
12. A site plan at a scale of 1" equals 20! for each phase• (plan_-attached) shall-
.. .be by a registered professional engineer or registered land surveyor
and shall show at least the following: lot lines withia which the development
is proposed and the tie-in to the nearest road interesection; the location,
boundaries, and dimensions of each lot in question; two-foot contours of the
existing and proposed land surface; location of existing and proposed structures,
water courses, drainage and drainage easements, means of access, utilities,
and sewer disposal facilities. Proposed elevations should be noted:
13. -Site development plans when submitted to the Planning Board shall be sub-
mitted concurrently to the Commission to determine the adequacg of drainage
�- and maintenance of the integrity of the controls stipulated und_r this Order_
14.. The.membersand agents of the:Commission shall have the right to enter and
inspect the premises to evaluatie compliance with these conditions and to re-
quire the applicant to submit any data deemed necessary by the Commission for
that evaluation. .
15. All approvals of any work, performed x11 accordance xitb_ Ut:ts Order shams be-
acted upon at, regularly scheduled -meetings of'the: CO=ilsSlon. --Request for in.-
i. spections by the Commission or their agent shall be in writing, Advance notices
shall state 'specifically the area .A, B, or C which is subject to inspection
and the statement shall include a general description, of: the- work can done_
16. Each phase sha1T be reviewed and acted upon by the Conservation Comaission in
—') dependently-and'as'st'imn acts the total,development_
17. Written inspection reports relative to items regulated u-ider the Order of
Conditions shall be prepared by the "Clerk of the Works" designated by the
Planning Board and shall be provided to the Commission on a bi.-monthly basis_
18. Siltation and Er6sion Control plans shall be submitted to the Conservation
Commission for its approval 30 days prior to the commencement: of each phase_
Said plan shall stipulate a phased construction schedule reaczired by the Con-
servation Commission and shall Be strictly adhered to_
19. No filling and/or grading of an area is allowed until the siltation control.
facilities are installed, inspected and approved by the Clerk of the works_
Draft Order of Conditions--Highland Acres Page 2
20. Updated drainage calculations shall be submitted to the Conservation Com-
mission with application for specific phases.
21. Any conservation work required within a specific phase by-,this Order of Con7_
ditions shall be completed to the satisfaction of the Conservation Commission
prior to the commencement of work in a subsequent phase unless prior consent froxm
the Commission is obtained. This consent shall not be unreasonably withhe•13_
22. Any changes made or intended to be made in the plans shall require- the appli-
cant to inquire of the Conservation Commission in writing -,inether the change
requires an amendment to the original filing.
23. Prior to issuance of a Certificate of Compliance for any phase of the project,
the developer shall submit evidence of the dedication o= d_rainangs easements of
overall drainage.facilities within the phase including, but not necessarily limited.
to retention areas, detention areas, control structures, pines, drainage swales,
and appurtenant facilities.
24. As-built drawings, stamped by a Registered Professional Engineer or Registered
Land Surveyor, shall be submitted for each phase within thirty (30) days of the
completion of the phase;!:prior to issuance of a Certificate of Compliance for that.
phase. -
25. A. list of any proposed above-ground or underground storage facilities for-
chemicals
orchemicals and/or fuel; together with engineering construction plans, shall be
submitted .to the Conservation Commission prior-to anw construction of same_-
26. Aquafer protection language subject to discussion between David1jebster and
Chris Hagger of the Commission.
27. This order of Conditions shall apply to any successor in interest or suc_.
cessor. in control.
Per meeting of Decemberc10, 1983, Condition #12 shall read, "A site plan at a scale-
of 1" equals 40' for each phase (plan attached) and enlargements to a scale acceptable
to the Conservation Commission where specific work under the jurisdiction of the
Wetlands Protection Act takes place shall be prepared by a registered professional
engineer or registered land surveyor and shall show at least the following:
(same language henceforth) .