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AGENDA--JANUARY 12, 1984
1. Tedesco Pond--Maine Post and Beam
2. Stasinos
3. Barnes Road--Mr. Madsen
4. Hewitt
6. Aide Report
7. Old Business (Letter from Mrs. LaChapelle re Moose)
8. New Business
9. Approval of Minutes
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MINUTES OF MEETING
January 12, 1984
The Salem Conservation Commission met at One Salem Green, second floor con-
ference room on Thursday, January 12, 1984. Present were Philip Moran,
Raymond Lavender, James MacDowell, and Christopher Hagger. Richard Femino,
Glenn Yale, Alice Akatyszewski, and Associate Member Paul Willis were absent.
STASINOS
Attorney George Vallis was present to discuss a proposal to construct a
residential/commercial development on Highland Avenue next to Rich's
Department Store. Mr. Vallis stated they have submitted a preliminary
plan to the Planning Board and must go before the Board of Appeal for
a variance from the zoning of the area. They anticipate constructing
216 condominium units with a small shopping center and some commercial
office/condominium units. Part of the land is conservation and wetland
area and they have Hired HMM Associates to do a drainage study of the
area.
• Ms. Margaret Briggs of HMM Associates gave an overview of the plan as it
impacts the wetland areas. She divided the parcel into three areas. The
first area (area C) there is a pit-type of wetland area with no outlet. They
do not anticipate building in this area so there will be little impact. The
second area (area B) has two outfalls .and the drainage will be increased
slightly. Grease traps will be constructed for each outfall and they antici-
pate no significant impact. Area A, the third area, is an area of some concern.
She suggested the Commission might consider a field inspection of that area.
There is some question as to how far the wetland exists and they wish to
avoid any impact on the wetland. They anticipate 5.27 acres will drain into
this area with an outfall. The remaining land drains into the Spring Pond
area and they plan to analyze impact on this watershed. Any other run-off
drains to the street.
Philip Moran noted that any run-off which drains across the street on Highland
Avenue will have additional impact. He noted the long history of water
problems in the area. Mr. Vallis- noted that his client has been blamed for
several violations for which he was not responsible. Mr. Moran suggested
that HMM look. into this matter further. Conservation Aide Charles Frederiksen
noted also that there was some question of adequate water and sewer services
for this area. Jim MacDowell added that the amount of wetland to be tampered
with should be studied. Ms. Briggs replied they would like to avoid any
encroachment on Area A, but have not made a final decision as yet.
Minutes of Meeting--January 12, 1984 Page 2
• Charles Frederiksen added he felt the Planning Board would like the developer
to deal with the existing contours more as well. Philip Moran raised the is-
sue of the Spring Pond area serving as Peabodv's secondary water supply. Ms.
Briggs will look into these matters further and will return to the Commission
when more definitive decisions have been made.
MAINE POST AND BEAM--TEDESCO POND
Mr. Carl Gardner of Maine Post and Beam was present to discuss an alternative
proposal for the Tedesco Pond area. They have recently submitted a preliminary
plan to the Planning Board after re-drafting their plan to suit the zoning
of the area without a variance. They have also detached their buildings so
no variance will be required. He would like the Commission to ascertain whether
a new filing of a Notice of Intent will be required or if the previous Order
of Conditions could be extended. They still anticipate the use of the footbridge
filtration system earlier planned and will also construct the nesting island
previously planned.
Following some discussion, it was decided the Commission will review the Minutes
of the previous presentation and make a determination at our next meeting as
to whether an extension can be granted. It was the general consensus of the
board that a new filing would not be necessary.
DAVID HARK--LORING AVENUE
• Mr. David Hark and Mr. Mark Clayman were present to discuss their plan to
construct an addition to their office building located at the intersection of
Loring Hills Avenue. Several years ago, the land they are contemplating using
was excavated and a depression was created which holds water for much of the
year (December -- June) . The question is whether, in filling this area for
their proposed construction a compensating storage area should be created.
Philip Moran asked if this depression was man-made and Mr. Hark replied in
the affirmative. There is no outlet or inlet, it just collects storm water.
Chris Hagger asked what fill material they intend to use and Mr. Hark replied
they would use some type of material acceptable to the Commission which would
support the building they intend to construct.
In questioning whether a compensating storage area is needed, Jim MacDowell
noted this was definitely the most conservative approach. Philip Moran sug-
gested further studies be done on the area, but a Determination would be the
route to take.
FAFARD
Mr. Gerard McNeil of Fafard was present to discuss the Order of Conditions for
the Fafard project. Additional language was added to condition g (see attached)
to address the stockpiling of construction materials and to condition o regarding
the protection of Thom son's Meadow-. A further order prohibiting the use of
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road salt on private roadways, driveways, or parking areas was added to the
Order.
I
Minutes of Meeting=-January 12, 1984 Page 3
• Upon the motion of James MacDowell and second of Christopher Hagger, the
public hearing was declared closed. It was so voted.
Upon the motion of James MacDowell and second of Raymond Lavender, the Order
of Conditions as amended through January 12, 1984, was approved. It was so
voted.
MADSEN--BARNES ROAD
In the past Mr. Madsen had discussed the matter of erosion protection for
his property with Susan Madison. An erosion control program was outlined
for him at that time. With the passage of the new excavation ordinance, the
Commission now must comment on any further work Mr. Madsen does on his property.
Conservation Aide Charles Frederiksen has inspected the area and feels Mr.
Madsen has complied with the Commission's requests.
Upon the motion of James MacDowell and second of Raymond Lavender, a letter
will be sent to the City Engineer stating Mr Madsen has complied with the
requirements of the Commission. It was so voted.
AIDE REPORT
Conservation Aide Charles Frederiksen reported that the Planning Board is
still considering the Pickman Park proposal. He further presented an updated
map of the conservation areas the City owns to the board.
• A letter from City Engineer Fletcher regarding the water main break and their
plans to repair it was read to the Commission, as well as a letter from Assistant
City Engineer William Haight addressing the same problem.
Two letters from Mrs. Alda LaChappelle regarding her continuing water problem
were read. It was generally agreed that once the pipe under Highland Avenue
is cleaned, this problem will be alleviated.
NEW BUSINESS
Philip Moran reported that Mr. Stuart Martin of 1 Lowell Avenue, Salem (Juniper
Cove) had contacted him. He is interested in donating his land in Juniper
Cove to the City to protect the area. Following some discussion, the consensus
of the board was the Commission should try to acquire this land.
HEWITT .
Mr. .Hewitt, Barnes Avenue, will be coming in to the Commission at our next meeting
to re-file for a new Order of Conditions.
MINUTES
Upon the motion of Raymond Lavender and second of James MacDowell, the Minutes
of the previous meeting were approved. It was so voted.
. There being no further business, upon motion made and seconded, the meeting
was adjourned at 9:45 p.m.
Respectfully submitted,
Dale E. Yale, Clerk
Cpt�,
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• ;(� Salem. Massachusetts 01970
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MINUTES OF MEETING
January 26, 1984
The Salem Conservation Commission met at One Salem Green, second
floor conference room, on Thursday, January 26, 1984. Present
were Raymond Lavender, Alice Akatyszewski, James MacDowell, and
Glenn Yale . Richard Femino , Christopher Hagger, and Philip Moran
were absent.
Vice-chairman Glenn Yale called the meeting to order at 8:02 p.m.
MAINE POST AND BEAM
Mr. Carl Gardner from Maine Post and Beam was present to discuss
the changes to the original plan made to comply with density and
zoning requirements. Twenty units of detached housing are planned
and the issue is whether a new filing will be necessary. Mr.
Gardner noted the lot coverage will be less, but there will be
more roadway. The proposed footbridge over the pond will be lo-
cated closer to the drain from the Stop and Shop end of the pond.
Water looping and fire regulations will be adhered to.
• Some concern was expressed about the stability of the bank above
the Stop and Shop drain which is now covered with asphalt. When
the asphalt is removed, there could be erosion problems. Mr.
Gardner replied they intend to stabilize the bank with jute mesh
until vegetation can become firmly established. They will also
protect the toe of the slope . They further would like to work
with the Stop and Shop to contain the run-off from the parking
lot.
There followed some discussion as to the method of removing the
asphalt. Jim MacDowell asked if Mr. Gardner would agree to sub-
mit a method of removal to the Commission prior to commencement
of work and Mr. Gardner saw no problem with this. An amendment
to the Order of Conditions addressing this issue will be written.
Upon the motion of James MacDowell and second of Alice Akatyszewski
the following amendment shall be made to the original Order of
Conditions (64-88) : Siltation and Erosion Control Plans shall be submitted to
the Commission for its approval 30 days prior to the commencement of work on the
project. Plans shall address all stockpiled material; any disturbed land, and
finished landscaped areas deemed significant to wetland protection.
DAVID HARK--LORING AVENUE
The record shows Mr. MacDowell abstaining from any action on this
proposal.
Mr. Erland Townsend of T & M Associates was present, together with
Mr. Hark to submit a Request for Determination of Applicability
Minutes of Meeting--January 26, 1984 Page 2
eplus run-off calculations for a site on Loring Avenue which con-
tains a ponding area with no inlet or outlet. They intend to fill
4200 square feet with broken ledge placed in a layered fashion, so
some water will still be able to leach through. There is no vege-
tation whatsoever.
Upon the motion of Raymond Lavender and second of Alice Akatyszewski,
a Determination of Applicability was signed stating the area des-
cribed is not an area subject to protection under the Wetlands Pro-
tection Act. It was so voted.
HEWITT
Mr. MacDowell has abstained from any action on this proposal.
Mr. Townsend explained that the Order of Conditions for this project
had expired and he would like some direction from the Commission as
to how to proceed, particularly in light of some proposed changes
in Mr. Hewitt' s plan which may allow him to build on all the lots.
The original Order prohibited the building of any homes on two lots
due to potential adverse impact on an abutting wetland area.
Following some further discussion, it was recommended a new Notice
of Intent be filed.
AIDE REPORT
A complaint of illegal fill being used in the construction of a dock
at 9 March Street Court has been filed. Charles Frederiksen will
look into this further and an inspection of the site will be made
in early Spring.
COMMENTS ON SUBDIVISION OF TRADERS" WAY--FAFARD
A public hearing on the subdivision of Traders' Way will be held
by the Planning Board next Thursday, February 2, 1984. Upon review
of the plan and calculations, a letter was drafted to the Planning
Board stating the Commission' s concerns (attached hereto and made
a part hereof) . It was felt that some of the drainage velocities
were excessive and there would be potential erosion problems.
MINUTES
Upon the motion of Alice Akatyszewski and second of Raymond Lavender,
the Minutes of January 12, 1984, were approved. It was so voted.
There being no further business , upon motion made and seconded,
the meeting was declared adjourned at 9:25 p.m.
RTctfully su fitted,
e
Dale E . Yale
Clerk
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z Conservation Commission
Salem. Massachusetts 01970
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MINUTES OF MEETING
February 9, 1984
The Salem Conservation Commission met at One Salem Green, second floor conference
room, on Thursday, February 9,` 1984. Members present were Raymond Lavender,
Philip Moran, James McDowell, and Alice Akatyszewski. Christopher Hagger, Glenn
Yale, Richard Femino, and Associate Member Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8:04 p.m.
MACKEY--RIVERWAY ROAD
Mr. Frederick Forbes of Hancock Survey was present to file a Notice of Intent for
property at 9. Riverway Road (Map 31, Lot 325) which is a wetland area. He agreed
the public hearing would be set for February 23, 1984. They intend to construct
a single-family residence and some filling will be required.
• Mr. Forbes--,,requested a waiver from the 15.36 requirement for location of the
basement floor and the consensus of the Board was that this would not be ac-
ceptable.
A site walk was scheduled for Sunday, February 12, 1984 at 9:00 a.m. to gain
a better perspective on the plan.
PICKMAN PARK
A letter received by the Commission dated February 2, 1984, from Phyllis Ohlbrych
was read. She claims that several conditions of the original Order have not been
adhered to (see attached letter) . Jim McDowell stated he had visited the site
earlier today and felt there were no specific violations beyond the posting of
the DEQE sign. Mrs. Ohlbrych felt several boulders from the Dion's Yacht Yard
site had been placed in the wetland area. Jim McDowell proposed the Commission
inspect the area again after viewing the Mackey site on Sunday.
Mrs. Ohlbrych asked if the Commission had ever researched the possibility of
making this area available for purchase by the Audubon Society or other similar
organization and Mr. Moran replied that the Commission had no say in what Mr.
DiBiase did with his land beyond ascertaining that there were no wetland violations.
The. Commission had not been opposed to this project when it first was proposed.
After the Commission has viewed the site again, Mr. Frederiksen, the Conservation
Aide will brief Mrs. Ohlbrych on the results.
SHETLAND
A letter requesting an extension of the Order of Conditions which allowed Shetland
to store bricks on the mudflats along the South River was read. The proposed
marina has been postponed indefinitely, so no definite date for removal of the
Minutes of Meeting--February 9, 1984 Page 2
bricks could be given. Philip Moran stated he was generally opposed to the ex-
tension, and it was felt that further input from all concerned City agencies
should be obtained.
Upon the motion of James McDowell and second of Alice Akatyszewski, the matter
will be tabled until input from other agencies, as well as the applicants, can
be obtained. It was so voted.
MINUTES
Upon the motion of Raymond Lavender and second of Alice Akatyszewski, the Minutes
of the previous meeting were approved. It was so voted.
OLD BUSINESS
Regarding the matter of the Commission having conservation restrictions on Juniper
Cove, Mr. Moran will contact the City Solicitor regarding this matter.
Charles Frederiksen stated that Marblehead is interested in granting the Commission
conservation restrictions on Thompson's Meadow in return for tax waivers. Philip
Moran felt that due to the unsuitability of the Meadow for building purposes,
this had already been achieved; however, Marblehead also would like to do the same
for a parcel on Legg's Hill Road which would be a suitable lot for building. There-
fore, it might be in the Commission's best interest to consider this possiblity.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 8:59 p.m.
• Respectfully submitted,
,IAJ, � ,
Dale E. Yale
Clerk
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z Conservation C®mmissim
• Salem. Massachusetts 01970
MINUTES OF MEETING
February 9, 1984
The Salem Conservation Commission met at One Salem Green, second floor conference
room, on Thursday, February 9, 1984. Members present were Raymond Lavender,
Philip Moran, James McDowell, and Alice Akatyszewski. Christopher Hagger, Glenn
Yale, Richard Femino, and Associate Member Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8:04 p.m.
MACKEY--RIVERWAY ROAD
Mr. Frederick Forbes of Hancock Survey was present to file a Notice of Intent for
property at 9. Riverway Road (Map 31, Lot 325) which is a wetland area. He agreed
the public hearing would be set for February 23, 1984. They intend to construct
a single-family residence and some filling will be required.
• Mr. Forbes .requested a waiver from the 15.36 requirement for location of the
basement floor and the consensus of the Board was that this-Twould not be ac-
ceptable.
A site walk was scheduled for Sunday, February 12, 1984 at 9:00 a.m. to gain
a better perspective on the plan.
PICKMAN PARK -
A letter received by the Commission dated February 2, 1984, from Phyllis Ohlbrych
was read. She claims that several conditions of the original Order have not been
adhered to (see attached letter) . Jim McDowell stated he had visited the site
earlier today and felt there were no specific violations beyond the posting of
the DEQE sign. Mrs. Ohlbrych felt several boulders from the Dion's Yacht Yard
site had been placed in the wetland area. Jim McDowell proposed the Commission
inspect the area again after viewing the Mackey site on Sunday.
Mrs. Ohlbrych asked if the Commission had ever researched the possibility of
making this area available for purchase by the Audubon Society or other similar
organization and Mr. Moran 'replied that the Commission had no say in what Mr.
DiBiase did with his land beyond ascertaining that there were no wetland violations.
The Commission had not been opposed to this project when it first was proposed.
After the Commission has viewed the site again, Mr. Frederiksen, the Conservation
Aide will brief Mrs. Ohlbrych on the results.
• SHETLAND -
A letter requesting an extension of the Order of Conditions which allowed Shetland
to store bricks on the mudflats along the South River was read. The proposed
marina has been postponed indefinitely, so no definite date for removal of the
Minutes of Meeting--February 9, 1984 Page 2
bricks could be given. Philip Moran stated he was generally opposed to the ex-
tension, and it was felt that further input from all concerned City agencies
should be obtained.
Upon the motion of James McDowell and second of Alice Akatyszewski, the matter
will be tabled until input from other agencies, as well as the applicants, can
be obtained. It was so voted.
MINUTES
Upon the motion of Raymond Lavender and second of Alice Akatyszewski, the Minutes
of the previous meeting were approved.. It was so voted.
OLD BUSINESS
Regarding the matter of the Commission having conservation restrictions on Juniper
Cove, Mr. Moran will contact the City Solicitor regarding this matter_
Charles Frederiksen stated that Marblehead is interested in granting the Commission.
conservation restrictions on Thompson's Meadow in return for tax waivers. Philip
Moran felt that due to the unsuitability- of the Meadow for building purposes,
this had already been achieved; however, Marblehead also would like to do the same
for a parcel on Legg's Hill Road which would be a suitable lot for building. There-
fore, it might be in the Commission's best interest to consider this possiblity.
There being no further business, a motion was made to adjourn. Having passed
• unanimously, the meeting was declared adjourned at 8:59 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
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• Salem. Massachusetts 01970
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CITY OF SALEM
CONSERVATION COMMISSION
Will hold a public hearing under Mass. General Laws Chap. 131, Section 40, at the
request of Thomas Mackey and Sons, Inc. , 58 Broadway, Salem. The purpose of
the hearing is to explore the effects of the construction of a single-family dwelling
at 9 Riverway Road, Salem, which is a wetland area. The hearing will be held on
Thursday, February 23, 1984, at 8:00 p.m. , One Salem Green, second floor conference
room.
Philip D. Moran d
Chairman
February 15
•
Dear Members of the Conservation Commission:
Whereas since the issuing of permits by the
Conservation Commission on September 26, 1978 the
following covenants have not been adhered to by the
developer,Salem Acresjnc. ,71 Hancock St. Everett,
Mass DEQE file no. 64-32,we the abutting residents
believe it is in the best interest of the City of
Salem to not grant permits based on the developers
performance to this time.
Under the conditions granted the developer
at that time the developer was to display a sign at
the site before construction took place. He did not
do so. .(Pg.2 Condition No.$) Further the developer
has not been in compliance with the General Orders M
when the area continuing from Marion Rd. and for.
�- approximately two acres the gradedlevel has been
r
grossly altered with huge boulders exposed and this
is not in compliance with 11 -4 (i)-(d) . Furtl#re
he has placed a huge tru M with large doors left _
open for vagrants and children to enter thus ores-
enting dangers. This is not in compliance with No-5
of the covenants under which the original permits
were granted.
Under the circumstances we feel you should
not grant any further permits based on these poor
past performances.
Sincerely,
llis ._. ...CYIb i
Phy ; - `\ �
� \
Committee of Concerned Citizens
of : ard 7.
P.S. I am sorry I was unable to attend this meeting
because of a previous engagement.
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10" COt�ti
2 '
z Conservation Comrnb* sion
• Salt-in. Massachusetts 01970 `
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will hold
its regular meeting on Thursday, February 23, 1984, at 8:00 p.m. , one
Salem Green, second floor conference room.
Philip Moran 7"
Chairman
Tentative agenda:
Public Hearing--Mackey,Riverway Road
Determination of Applicability--Eastern Seaboards, Winter Island
Determination of Applicability--Boucher, 17 Linden Avenue
Shetland
Approval of Minutes
Old/New Business
(I'm hopeful you all can attend--Ray is in Florida and Jim is away, so a
quorum is urgent.)
s.
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Conservation Commission
• �" Salem. Massachusetts 01970
F�{A7.9ssi
MINUTES OF MEETING
February 9, 1984
The Salem Conservation Commission met at One Salem Green, second floor conference
room, on Thursday, February 9, 1984. Members present were Raymond Lavender,
Philip Moran, James McDowell, and Alice Akatyszewski. Christopher Bagger, Glenn
Yale, Richard Femino, and Associate Member Paul Willis were absent_ .
Chairman Philip Moran called the meeting to order at 8:04 p.m.
MACKEY--RIVERWAY ROAD
Mr. Frederick Forbes of Hancock Survey was present to file a Notice of Intent for
property at 9. Riverway Road (Map 31, Lot 325) which is a wetland area. He agreed
the public hearing would be set for February 23, 1984. They intend to construct
a single-family residence and some filling will be required.
• Mr. Forbes requested a waiver from the 15.36 requirement for location of the
basement floor and the consensus of the Board was that this'-would not be ac-
ceptable.
A site walk was scheduled for Sunday, February 12, 1984 at 9:00 a.m. to gain
a better perspective on the plan.
PICKMAN PARK
A letter received
b'y the Commission dated February 2, 1984, from Phyllis Ohlbrych
was read. She claims that several conditions of the original Order have not been
adhered to (see attached letter) . Jim McDowell stated he had visited the site
earlier today and felt there were no specific violations beyond the posting of
the DEQE sign. Mrs. Ohlbrych felt several boulders from the Dion's Yacht Yard
site had been placed in the wetland area. Jim McDowell proposed the Commission
inspect the area again after viewing the Mackey site on Sunday.
Mrs. Ohlbrych asked if the Commission had ever researched the possibility of
making this area available for purchase by the Audubon Society or other similar
organization and Mr. Moran replied that the Commission had no say in what Mr_
DiBiase did with his land beyond ascertaining that there were no wetland violations.
The Commission had not been opposed to this project when it first was proposed.
After the Commission has viewed the site again, Mr. Frederiksen, the Conservation
Aide will brief Mrs. Ohlbrych on the results.
• SHETLAND
A letter requesting an extension of the Order of Conditions which allowed Shetland
to store bricks on the mudflats along the South River was read. The proposed
-marina has- been postponed indefinitely, so no definite date for removal of the
Minutes of Meeting--February 9, 1984 Page 2
bricks could be given. Philip Moran stated he kvas generally opposed to the ex-
tension, and it was felt that further input from all concerned City agencies
should be obtained.
Upon the motion of James McDowell and second of Alice Akatyszewski, the matter
will be tabled until input from other agencies, as well as the applicants, can
be obtained. It was so voted.
MINUTES - - -
Upon the motion of Raymond Lavender and second of Alice Akatyszewski, the Minutes
of the previous meeting were approved. It was so voted.
OLD BUSINESS
Regarding the matter of the Commission having conservation restrictions on Juniper
Cove, Mr. Moran will contact the City Solicitor regarding this matter.
Charles Frederiksen stated that Marblehead is interested in granting the Commission
conservation restrictions on Thompson's Meadow in return for tax waivers. Philip
Moran felt that due to the unsuitability; of the Meadow for building purposes,
this had already been achieved; however, Marblehead also would like to do the same
for a parcel on Legg's Hill Road which would be a suitable lot for building. There-
fore, it might be in the Commission's best interest to consider -this possiblity.
There being no further business, a motion was made to adjourn. Having passed
• unanimously, the meeting was declared adjourned at 8:59 p.m.
Respectfully submitted,
� ,
,
r
Dale E. Yale
Clerk
•
,NoN Cpl
Nz Conservation Commission
• r. Salem. Massachnsetts 01970
CITY OF SALEM - -
CONSERVATION COMMISSION - -
Will hold a public hearing under Mass. General Laws Chap. 131, Section 40, at the
request of 'Thomas Mackey and Sons, Inc. , 58 Broadway, Salem. The purpose of
the hearing is to explore the effects of the construction of a single-family dwelling
at 9 Riverway Road, Salem, which is a wetland area. The hearing will be held on
Thursday, February 23, 1984, at 8:00 p.m. , One Salem Green, second floor conference
room.
Philip D. Moran C� e
Chairman U
February 15
•
Dear Members of the Conservation Commission:
w ' . whereas since the issuing of permits by the
Conservation Commission on September 26 , 1978 the
following covenants have not been adhered to by the
developer,Salem Acres,Inc. 271 Hancock St. Everett,
Mass DEQE file no. 64-32,we the abutting residents
believe it is in the best interest of the City of
Salem to not grant permits based on the developers
performance to this time.
Under the conditions granted the developer
at that time the developer was to display a sign at
the site before construction took place. He did not
do so. (Pg.2 Condition No.$) Further the developer
has not been in compliance with the General Orders
when the area continuing from Marion Rd. and for
�)
approximately two aures the grade level has been f i
grossly altered with huge boulders exposed and this
is not in compliance with 11 -4 (i)-( d) . Furth ore
he has placed a huge true-X with large doors left - f
t,
open for vagrants and children to enter thus pres-
enting dangers. This is not in compliance with Ko-5
of the covenants under which the original permits
were granted.
Under the circumstances we feel you should
not grant any further permits based on these poor
past performances.
Sincerely,
Phyllis'1•I:..�.l,o
Committee of Concerned Citizens
of ';lard 7.
P.S. I am sorry I was unable to attend this meeting
�• because of a previous engagement.
Ve
ION C
z z Conservation Commission
y, Salem. Massachusetts 01970
yASS,
MINUTES OF MEETING
February 23, 1984
The Salem Conservation Commission met at One Salem Green, second floor conference
room, on Thursday, February 23, 1984. Present were Philip Moran, Glenn Yale,
Christopher Hagger, Alice Akatyszewski, Associate Member Paul Willis, and
Conservation Aide Charles Frederiksen. Raymond Lavender, James MacDowell and
Richard Femino were absent.
Chairman Philip Moran called the meeting to order at 8:05 p.m.
PUBLIC HEARING--MACKEY,RIVERWAY ROAD
Chairman Philip Moran read the notice of the public hearing. Following intro-
duction of the members of the Commission, Mr. Moran absented himself from
the remainder of the hearing due to a potential conflict of interest and turned
the meeting over to vice-chairman Glenn Yale.
Mr. Yale outlined the format for the hearing and introduced Mr. G. William
Rendle and Mr. Frederick Forbes. who were presentyrepresenting Mr. Mackey.
• Attorney Rendle noted that the Commission had previously reviewed the plan
and had inspected the site. The parcel was created by City land-taking
on either side of the parcel under consideration. It is the owner's intention
to divorce himself from the property entirely as it is no longer economically
feasible for him to own the property. Therefore, he wishes to construct a
single-family dwelling because he feels it is the best use of the parcel.
Mr. Frederick Forbes, a registered land surveyor, presented the plan for
a single-family home. An Order of Conditions is required due to the proposed
dwelling's proximity to the Forest River. He noted that since the plan was
originally submitted, the applicant has agreed to locate the basement floor
at 15. 36. Previously, they had intended to ask for a waiver from this re-
quirement. The plan would require certain filling and a retaining wall is pro-
posed to be constructed above mean high water. The top of the wall will be
located at 17.5. Mr. Rendle stated the applicant is willing to provide any
further information the Commission may require and will allow Mr. Mackey to
exercise his rights to make the best use of his property.
Chris Hagger asked how they intend to construct the retaining wall and Mr.
Forbes replied it would be constructed according to the detail on the plan.
They intend to use 1000 to 2000 lb. stone in order to create a secure wall.
Chris Hagger asked what their construction procedure would be and Mr. Mackey
replied they intend to use a clam shell digger. Glenn Yale asked where the
first stone would be located and Mr. Forbes replied it would be below mean
high water. Mr. Hagger asked how much material would be removed in order
to accomodate the wall and Mr. Forbes replied they intend to do no dredging,
• just removal of fill.
• Minutes of Meeting--February 23, 1984 Page 2
Mr. Hagger asked how they intended to remove the material and Mr. Mackey re-
plied they will use a clam shell digger placed on a temporary road which gill
.be- built with timbers. Once the stones have been placed, fill will be
placed to meet the stones.
Chris Hagger asked how much material will be removed and Mr. Forbes replied
less than 1600 sq. ft. will be removed. Mr. Hagger asked at what location
the dredging will be begun and Mr. Forbes replied they will begin at the
face of the wall towards the Forest River. Mr. Hagger asked what width the
dredged area will span and Mr. Forbes estimated the width to be 19.5 ft.
Glenn Yale asked if all the removing will be done on that face of the wall
initially and Mr. Forbes replied in the affirmative, noting that as they rise
less will be taken out.
Chris Hagger:�asked where the dredged material will be placed and Mr. Forbes
replied inside the wall. Chris asked if an analysis of the material had been
made and Mr. Forbes replied it is beach sand. Mr. Hagger asked there was any
peat and Mr. Forbes stated no formal testing of the material had been done.
Chris Hagger asked if any analysis of marine organisms had been done and Mr.
Forbes replied in the negative. Chris Hagger asked what is the type of material
which will be removed from the sides of the wall and Mr. Forbes felt it was the
same, but no formal analysis had been done. Chris Hagger asked what vegetation
existed on the site and Mr. Forbes replied that marsh grass was present on the
site. Glenn Yale asked what the square footage of the marsh area was and Mr.
• Forbes replied it was approximately 1800 square feet.
Glenn Yale asked where the run-off from Riverway Road goes and Mr. Forbes replied
it goes out into the Forest River. Further, the general contours of the land
run toward the river across the adjacent property. There is a storm drain on
Riverway Road for this purpose. Glenn Yale asked the condition of the storm
drains and Mr. Forbes replied the drains are indicated on the plan and extend
50' beyond the basin.
Glenn Yale asked if the area was being used as a coastal beach and Mr. Forbes
replied in the affirmative, noting on the plan where the primary coastal beach
was locatdd. Glenn Yale questioned the stability of the elevation 9.5 and Mr.
Forbes replied it appeared to be stable.
Chris Hagger asked if any overturn or stability calculations were available for
the corners of the wall and Mr. Forbes replied he will provide these if necessary.
Chris asked how the corners will be joined on the retaining wall and Mr. Forbes
replied the stones will be constructed in such a manner as to form the corners
similar to brickwork on a building. Chris asked if any reinforcing was anticipa-,.
ted and Mr. Forbes replied in the negative.
Glenn Yale asked for the definition of a tidal flat and Mr. Forbes replied it
is the area between high and low tide. Mr. Yale asked if Mr. Forbes would con-
sider this area a tidal flat and Mr. Forbes replied in the affirmative. Glenn
Yale asked if the vegetated area was estimated to be 1800 square feet and Mr.
• Forbes replied in the affirmative.
• Minutes of Meeting--February 23, 1984 Page 3
Attorney Rendle noted that the applicant realizes that additional'information
may be needed regarding several aspects of this proposal. What needs to be
ascertained is at what point any additional information would become cost
prohibitive. He added that the area has been a private beach for a number of
years. He added that if a cost effective Order of Conditions could be arrived
at, Mr.' Mackey would be willing to construct a new beach for the neighbors.
Chris Hagger asked what their construction schedule was and Mr. Forbes replied
it depended upon the Order of Conditions and what was required. They also feel
they will have to go for an Army Corps permit, also a Planning Board Special
Permit, so this will take 3 to 6 months.
Chris Hagger noted that the Notice of Intent indicated the area to be an inland
wetland, not coastal. Mr. Forbes replied they will ask the Army Corpos for
a determination in this matter. Chris Hagger asked why they felt it was not a
coastal area and Mr. Robers replied because of its location on the Forest River.
The erosion of the coastline would be minimal during a storm due to the tide
gates.
Mr. Raymond Muse, 3 Rosedale Avenue, President of the Harborview Association,
vigourously opposes the proposal. He spoke on behalf of the neighbors. When
the land was taken by the City in 1976 and 1978, it was agreed the beach would
be preserved for the benefit of the neighborhood and the entire property was
to be left as natural as possible. A letter from David Lash, formerly of the
• Planning Department was read for the record which stated that the property
was to be maintained by the neighborhood association, not by the Conservation
Commission. The proposal before the board this evening goes against everything
that was intended in creating the Forest River Conservation Area. Different
from Mr. Keane's proposed building (Riverbank Road) , this proposal distrubs
the marsh, the bank, and the flow of the river. They are absolutely opposed.
Mr. Peter O'Connor of Riverway Road expressed concern for the marine life in
the area. They have clams mussels, horseshoe crabs there which could be des-
troyed by this construction.
Mr. Donald Jeffery felt the proposal would be a denial of a recreational area
which has been in existence for a number of years. Further, he felt there could
be erosion problems with the veolcity of current created by the construction
of the retaining wall.
Mr. Mark Doherty of Riverway Road noted the acute action of the water on the
Lead Mills side of the river on the stones placed there.
Mr. Brett Harney of Lafayette Street asked how long the tide gates would be
closed during construction and what the effect this would have on the area.
Glenn Yale replied this would considered in the final decision on the proposal.
Chris Hagger raised the issue of any dredged material going out with the tide
and Mr. Forbes replied it would be placed on high ground Mr. O'Connor felt
• the material would flow away regardless.
Minutes of Meeting--February 23, 1984 Page 4
• Mrs. Edna Panzini of 3 Riverway noted that the marsh grass starts at the pavil-
lion and goes out to the bank. He would be removing quite a bit of marshland
with the project.
Mr. Daniel Mackey wished to be recorded as in favor of the proposal.
Glenn Yalespoke to the shellfish potential of the area. Mr. O'Connor noted
that harvesting .takes place all the time and the area is also a spawning
ground for mallard ducks and canadian geese.
Associate Member Paul Willis noted he was on the Commission when the original
land taking took place. The beach area was surveyed at that time and there was
spartina marsh grasses there. There is a significant amount of marsh grass on
the site.
There being no further discussion, Glenn Yale declared the Public Hearing closed.
DETERMINATION OF SIGNIFICANCE--BOUCHER, 17 Linden Avenue
Mr. Boucher was present to discuss his propossal to construct a dock on his
property 8' wide and 20' long with a 5' x 12' ramp. He has recently completed
a course in pond maintenance and wishes to have a small boat with which he
can clean up the pond area with the Commission's guidance. and permission. He
will not be using a motor boat.
• Chris Hagger asked if there would be any alteration to the bank and Mr.
Boucher replied in the negative. Chris asked what type of floatation would be
used and Mr. Boucher replied he would be using styrofoam or he could use
4 x 4 posts placed in the pond. It was the consensus of the Commission that
the styrofoam would be better. Mr. Moran, however, noted he felt the
size of the dock planned was rather large for the pond. Mr. Boucher was
willing to reduce the size to whatever the Commission felt was appropriate.
The dock will also be removed during the winter months.
Mrs. Joan Hourihan of 2 Wilfred Terrace expressed concern for the hazardous
nature of styrofoam. It was generally agreed that this was not a problem.
She further questioned the cleaning of the pond. Did Mr. Boucher have the
proper expertise to do this? Mr. Boucher noted he would not do anything with-
out first consulting the Commission. He is interested mainly in removing the
old shopping carts, etc.
Upon the motion of Chris Hagger and second of Alice Akatyszewski, it--was de-
termined the proposal had no significance on the wetland with the restriction
that the dock be no larger than 8' x 12' . It was so voted.
Mrs. Hourihan wished to recorded as opposed to the project.
DETERMINATION OF SIGNIFICANCE--EASTERN SEABOARDS, WINTER ISLAND
Mr. Gary Moore of the Winter Island Commission was present to discuss the
• proposal of Eastern Seaboards to construct a temporary building with a deck
on an existing pad (tarmac) which was formerly used as a fueling area
Minutes of Meeting--February 23, 1984 Page 5
•
for the Coast Guard. There is a small moat abutting the tarmac, but the
elevation is 16.3. The structure being considered is a Grossman's pre-
fab shed with an attached deck. It will be non-residential, contain no
utilities and fits nicely on the raised slab. The building is 12x16 and
the deck is 12x12.
Glenn Yale asked how the building will be affixed to the slab and Gary Moore
replied it will be bolted through for breakaway purposes, but will just rest
on the pad on concrete blocks.
Upon the motion of Glenn Yale and second of Alice Akatyszewski it was
determined the plan was not significant to the wetland based on the plan
which designates the size and location of the building. It was so voted.
COAST UPDATE
i
Paul Willis, who has been working closely with COAST for several months,
announced that COAST will be holding a hearing regarding the SESD problem
on February 27, 1984, at 7:30 p.m. at the Peabody Institute Library. They
are now looking at overrides and are hopeful Salem and Peabody will con-
sider this as well. The meeting will serve to clarify many questions resi-
dents may have.
JUNIPER COVE
• Several minutes of discussion took place as to the best way to handle
the protection of Juniper Cove as requested by Mr. Stuart Martin. Paul
Willis will look into the Land Trust to see if this is a viable way to
handle this.
NEW BUSINESS
It was noted that the sign for the Conservation Area was in bad shape and
needs some re-furbishing. This will be looked into further.
Upon the motion of Glenn Yale and second of Alice Akatyszewski, a letter
of recommendation will be sent on behalf of Paul Willis to the Massachusetts
Assocication of Conservation Commissioners. It was so voted.
Conservation Aide Charles Frederiksen noted that Ms. Polly Whitmore of NUS,
a consulting firm has been looking into the North River to ascertain whether
it may qualify for Superfund money for clean up.
MINUTES
Upon the motion of Alice Akatyszewski and second of Chris Hagger, the Minutes
of the previous meetingwere approved. It was o
PP s voted.
There being no further business, a motion was made to adjourn. Having passed
• unanimously, the meeting was adjourned at 10:10 p.m.
ctfully subfitpted,
Dale E. Yale,LClerk
%ON Cpy, •
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Conservation Commission
Salem. Massachusetts 01970
yASSno�
AGENDA--MARCH 8,1984
1. Mackey Order of Conditions
2. Marsilia--Linden Avenue, Determination of Significance
3. Shetland--Extension of Order of Conditions
4. Approval of Minutes
5. Old/New Business
I
CAIISS�,N"
,�ON cooC onCommission.40 ; Salem. Massachusetts 01970
MINUTES OF MEETING
March 8, 1984
The Salem Conservation Commission met at One Salem Green, second floor con-
ference room, on Thursday, March 8, 1984. Present were Philip Moran, Alice
Akatyszewski, Christopher Hagger, Glenn Yale, and James MacDowell. Also
present was Conservation Aide Charles Frederiksen. Raymond Lavender, Richard
Femino, and Associate Member Paul Willis were absent.
Vice-chairman Glenn Yale called the meeting to order at 8:10 p.m. Mr. Moran
absented himself from the first part of the meeting.
MACKEY--ORDER OF CONDITIONS
Vice-chairman Glenn Yale gave a brief oderview of the project for the benefit
of those members of the Commission not present at the last meeting.
Chris Hagger noted that according to the Minutes, the applicant agreed that
the area was a tidal flat. Paul Willis had further identified the saltmarsh
with the presence of spartina marsh grass. The Minutes further state there
is an area of saltmarsh of approximately 1800 square feet present on the site.
The Notice of Intent did not ,identify the area-as a coastal beach, Mr. Forbes
had stated he would leave that determination to the Army Corps; however,
Coastal Zone Management, the area has been mapped as a coastal beach. Mr.
O'Connor, an abuttor, had identified the area as a shellfish area. In order
to further clarify this, .a request was made to Cat Cove Marine Labs to
survey the site. They did this and found several examples of shellfish (see
attached letter) .
Therefore, the site is composed of the following: a coastal beach, a coastal
bank, a saltmarsh, and a shellfish area. On that basis, upon the motion of
Christopher Hagger and second of Alice Akatyszewski, the application is denied.
It was so voted (4 - 0) .
DETERMINATION OF SIGNIFICANCE--ROBERT MARSILIA, LINDEN AVENUE
Mr. Moran read the notice of the Determination which was published in the
newspaper on March 1, 1984.
Mr. Marsilia presented a certified plot plan showing the bulkhead of his
proposed single-family dwelling to be 102' from the edge of the pond.
Jim MacDowell asked if they have any plans for grading and Mr. Marsilia re-
plied there will be no grading changes, they just plan to fill in the ruts.
Jim MacDowell asked what type of landscaping they anticipate and Mr. Marsilia
replied they will plant a lawn, but anticipate minor landscaping.
. Glenn Yale asked what the setback from the street is and Mr. Marsilia replied
they will be 75' back from the street and 102' from the pond.
R
} �r
Minutes ofMeeting--March8, 1984. Page 2 ; -
- - -
Charlie Frederiksen noted that the Board of Health had inspected the site
for septic purposes and had approved the plan. Mr. Marsilia added the soil
is excellent for septic purposes.
Chris Bagger asked if any excavated materials will be stored on the pond side
of the site and Mr. Marsilia replied in the negative.
Regarding the leach pit, Jim MacDowell noted the bottom of the field is at
elevation 92, four feet above the pond elevation.
Mrs. Joan Hourihan of Wilfred Terrace if there was any plan to deal with the
drainage pipe on the site and Mr. MacDowell noted.there was an easement for
that pipe so nothing would be done. Mr. Marsilia adde& that his leach field
plan was approved by a Sanitary Engineer and the Board of Health and the pipe
would have no impact.
Upon the motion of James MacDowell and second of Christopher Bagger, the
Determination was made that the plan-had no significance on the wetland,
providing minor grading and landscaping is done. It was so voted.
SHETLAND -
Two letters were read for the record regarding the issue of extending the
Order of Conditions which was granted for the. storage of bricks on. the
mudflats of the South River. One letter was the request for the extension
and the second was from Acting Assistant Planning Director Beverly Estes-
• Smargiassi regarding the. Planning Department's efforts to .extend the Commercial
Area Revitalization District (CARD) in order,to allow Shetland .to be eligible
for low interest financing to build their proposed marina. . .
. Peter Kronenberg of Shetland gave the board somebackground of the issue and. -
noted they. had complied with all the conditions of the Conservation Commission
and the Army Corps. The bricks are being stored neatly, within 12' of the building
(430 cu. yds; of bricks were initially dumped) . No work was done during the
boating season (May--November) and no navigational hazards have been created.
They have posted signs on buoys in the channel and regularly update the
Harbormaster on the progress of the project. The extension is construction
related and'the CARD extension is necessary for the completion of their pro-
posal. Bruce Eriksen of Shetland noted further that they initially thought
the mudflats were included in the CARD, so this delay_ could not have been
anticipated. .
The Harbormaster has found no problem with the extension however, the Water-
ways Advisory Board is opposed. Both these opinions were,received verbally
only. A letter from Barnegat Transportation supporting the extension was
read for the record.
Upon the motion of Glenn Yale and second of Alice Akatyszewski, the matter
was tabled .until further information can be obtained and reviewed. It was
-.so voted.
.. Mr. Erikson noted that if the CARD is e'xtended, 'dredging will take place this
Fall for construction in the .following Spring. ,He noted-that $15,000 will.be
saved by only having to dredge the area one time.
Minutes of Meeting--March 8, 1984 Page 3
_ ,MINUTES
'.8 r
Upon the motion of Alice Akatyszewski and second of James MacDowell,' the Minutes
of February 23, 1984, were approved as amended.; .' It was so voted.
OLD BUSINESS + -
A letter .from the Board of Selectmen of Marblehead expressing concern over
any adverse impact on Thompson's Meadow from new developments in,the city was
read for the record. A letter and copy of theOrderof Conditions for the
Fafard project will be sent to Marblehead assuring them`of the Commission's'
committmentto protection the .Meadow.
A meeting between DEQE, Mr. Frederiksen representatives of=the Fafard' Company,and Purity Supreme was. recently held regarding the. appeal of our Order by
Purity Supreme. The State has objected to the Conservation Commission's method
of'drafting'the Order which allowed for only one appeal period. A specific
Order was not included;in the final Order of Conditions to allow for appeal
of each amendment.
There being no further business, a' motion was-made to adjourn. . Having, passed
unanimously, the meeting•was'adjourned at 9:45 p.m.
Resp ' tfully submitted,
:. -.Dale.E. Yale - -
Clerk
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• y Salem. Massachusetts 01970
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AGENDA--MARCH 23, 1984
1. Phoenix Enrichment Center
2. Shetland
3. Ragone--Modification of original Order
4. Approval of Minutes
5. Old/New Business
•
•
z Conservation Commission
• ;� Salem. Massachusetts 01970
kASSI
MINUTES OF MEETING
March 22, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, March 22, 1984. Present were Alice Akatyszewski,
Christopher Hagger, James MacDowell, Philip Moran, and Conservation Aide
Charles Frederiksen. Glenn Yale, Raymond Lavender, Richard Femino, and
Associate Member Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8:05 p.m.
RAGONE--EXTENSION OF ORDER OF CONDITIONS (64-73)
Mr. Richard Ragone was present to request an extension to his Order of Con-
ditions. Due to financial hardship he has been unable to complete his
project on Swampscott Road. He has further requested a modification of the
Order to allow him to stabilize the slope with rip=rap rather than loam
and seed. He is now able to obtain some rock from the Fafard project which
he can use to construct his rip-rap.
Upon review of the plan and original Order, James MacDowell moved to allow
• the extension to March 1, 1985, with the added modification that the proponent
stabilize the slope either by the installation of loam and seed or by rip=rap.
The motion was seconded by Alice Akatyszewski and it was so voted.
PHOENIX ENRICHMENT CENTER
A letter from the Phoenix Enrichment Center was read:,for the record which re-
quested permission to use the Conservation Area for educational programs
for children in the Spring and Summer. The directors shall be informed
by letter that the Commission supports and encourages this type of use of
the Conservation Area.
SHETLAND.
The Commission spent several minutes reviewing the Order of Conditions and
previous Minutes concerning this project. The Planning Department has
stated they are actively pursuing the CARD extension at this point and hope
to hear within the next month. The consensus of the Commission was that they
were philosophically opposed to any extension of the Order, but would
consider a small extension if the proponent would consider entering into a
contract guaranteeing that regardless of the outcome of the CARD extension
and financing, the bricks will be removed by December 1, 1984.
The above was so moved by Alice Akatyszewski and seconded by James MacDowell.
It was so voted, 3 in favor, one opposed.
•
Minutes. of Meeting--March 22, 1984' 's Page 2
• , STUART MARTIN LAND DONATION _
The Commission has �been requested to obtain an appraisal of the Juniper -
Cove-^property which the owner has offered to donate to the City for'con-
servation purposes. 'The Commission will get. the property appraised and,
following this, will The
a draft deed with-certain conditions that
Mr. Martin has requested. , -
AIDE REPORT
Charles Frederiksen reported-that Salem State College ROTC is planning a
clean-up of the`Conservation Area on April 7, -1984. ,The Salem News will
provide publicity for this event so that citizens may join in if they so s
desire. : . . 5
Mr. Frederiksen also showed'a plan of a proposed trail which will provide a e
large greenbelt area connecting the Conservation Area with`the Peabody line.
This is largely in the planning stages, however, in negotiations with the
Fafard Companies, a trail easement has been included in�the plan` to help
facilitate this trail system for the ,future.
MINUTESFis
as (.,i .� + p t
Upon the motion"of 'James `M acDowell and seC.end
of Chris .Hagger, the Minutes `
of March 8, 1984, were approved. It was so voted.
• NEW BUSINESS • r -"'' lc� ,
Jim tMacDowell" noted that the Winter-Island.Commission and the Pickering'Light/ .
•Ft. 'Pickering Association are studying the feasibility of.restoring Fort
Pickering.' The problem is the bluff, along the revetmerit which is badly
eroded. They wish to-restore and stabilize the bluff with rip-rap and
the planting of a strongly rooted plant such as crown.:vetch. He 'question is
whether, this. restoration will`reauire a full Notice of Intent or a Deter-
mination. He will .bring in.'further information at our'next' meeting.
:There being no further business, a motion'was made to adjourn. .. Having passed
unanimously, the meeting was 'adjourned at 9:25 p.m.
a
R1yespe/ecat0foully submitted, ,
.Dale E. Yale -
Clerk '
�, r
map
March 30 , 1984
Dear CLF Member:
I am writing to ask your help in our fight to clean up Salem Sound.
This is not an appeal for money, but a request for information.
I am sure you are aware of the pollution which renders the Sound
unsuitable for swimming, fishing, scuba diving, and any activity other
than boating across it to get somewhere else. Clam beds in the area
have been closed for over 20 years due to contamination, and toxic
contaminants discharged into the harbor now threaten fisheries. As
you know from our newsletter , the South Essex Sewer District spews
26 million gallons of raw sewage, and 200 tons of sewage sludge --
contaminated with toxic metals -- into the harbor every day from its
outfall pipe near Great Haste Island.
In December of 1983 , CLF filed suit in federal court, alleging
that this practice is a violation of the Clean Water Act, and is
adversely affecting the aesthetic, public health and economic interests
• of CLF members living in communities near Salem and Beverly Harbors .
We have three goals in this case: to have the court order SESD to
stop dumping raw sewage and sludge into the harbor; to have SESD
develop a plan to clean up the harbor; and to have SESD pay a fine
for each day that the dumping continues .
We are now in the process of gathering facts to support our
allegations . We need your help. We need names of members who are
adversely affected by the sewage discharge. As a resident of a
community near Salem and Beverly Harbors , you have perhaps had the
opportunity to observe the pollution firsthand. You may have noted
the discoloration of the harbor , actually seen raw sewage flowing
from the outfall near Great Haste Island or know someone who has .
or you may just have the general impression that the harbor is unclean.
We would like to present to the court these sorts of observations
and impressions . Your testimony will allow us to demonstrate fully
to the court the impact of the dumping of sewage into the harbor on
people who live near it. This is a chance for you to work directly
for the cleanup of the Salem Sound.
If you can help, please give me or Peter Shelley, CLF' s attorney
on the case, at 742-2540 at your earliest convenience. We will give
you more details on the case and on how your testimony will be used.
Your. name and testimony would certainly not be identified to the court
• without your full consent.
Sincerely ours,
-� 2-
Patriciciaa Coog
Technical Intern
Conservation Law Foundation of New England,Inc.,3 Joy Street,Boston,Massachusetts 02108(617)742-2540
I �
n &
CITY OF SAIEM
CONSERVATION CO3'!ISSI_ON -
will give a Public Hearing under the Wetlands Protection Act, Mass.
G. L. Chap. 131, Section 40, at the request of Mr. Donald R. Masella, Jr.;
467 Eastern Avenue, Lynn, In. The purpose of the hearing is to determine
the effects of building a single-family residence at is"9 Marlborough Road,
which is a wetland area. The hearing ,;ill be held on T�ursday, April 12,
1934, at 8:00 p.m. , One Salem Green, second floor conference room.
Philip D Moran
Chairman
April 4
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• %ON Cpl r
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0 Conservation Commission
Salem. Massachusetts 01970
AS9PC���
AGENDA--April 12, 1984
1. Public Hearing--Donald Masella, Marlborough Road
2. Pickman Park Beach--Extension of Order of Conditions
3. James Kieran--Extension of Order of Conditions
4. John Keane--Certificate of Compliance
5. Acceptance of donated land for conservation purposes--Clark Street--Hewitt'-
6. Approval of Minutes
7. Old/New Business
•
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.PAX)
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2� z Conservation Commission
• J
Salem. Massaclrt(SES�OF"N�EETING
'yAssncN U77 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, April 12, 1984. Present were James MacDowell,
Christopher Hagger, Glenn Yale, and Alice Akatyszewski. Richard Femino,
Raymond Lavender, Philip Moran, and Associate Paul Willis were absent.
The meeting was called to order at 8:02 p.m.by Vice-chairman Glenn Yale.
PUBLIC HEARING--DONALD MASELLA, MARLBOROUGH ROAD
Vice-chairman Glenn Yale read the notice of the public hearing. Mr. Masella
stated he plans to build a raised ranch style home. The plan was orignally prepared
for the current owner of the parcel Alfred Gemma, however; it was never built.
The major difference between what was approved for Gemma and what he is
proposing is the garage is on the other side of the house. The edge of the wetland
shown on the City's wetland map is actually different than what is on the site. The
site was surveyed recently and the actual edge of the wetland is different. The
possibility of the change being due to filling having taken place was discussed and
it was agreed that if this was true, it was done a number of years ago; therefore,
changing the location of the wetland edge.
• Jim MacDowell asked if Mr. Masella was building a cellar and Mr. Masella replied
in the negative--he intends to build on a concrete slab. Glenn Yale asked where
Mr. Masella intended to place the excavated material and Mr. Masella replied he
plans to raise the grade of the lot to street level. Jim MacDowell cautioned Mr.
Masella that no filling could take place beyond the top of the slope and Mr. Masella
agreed. Chris Hagger asked what type of material had been dumped on the site and
Mr. Masella replied there were some bricks and construction rubble on the site
which he intends to clean up. In response to a question from Glenn Yale Mr.
Masella stated he intends to begin construction this summer.
Following further discussion, Mr. Yale directed that the minutes state the
discrepancy between where the edge of the wetland is located on the City map and
where it is in actual fact. The wetlands maps were prepared in 1965 and the site
was surveyed in 1982.
Upon the motion of Alice Akatyszewski and second of James MacDowell, the Order
of Conditions will be written and signed with the following additions:
1. The plan presented (and stamped) shall be referenced.
2. No fil material shall be distributed beyond the top of the slope.
3. Any modification of the house plan which includes construction of a cellar
would require a modification of the Order of Conditions issued this evening.
It was so voted.
• PICKMAN PARK BEACH--EXTENSION OF ORDER OF CONDITIONS
Glenn Yale read the minutes of the original public hearing on this issue. It was
noted that no written request for an extension and it is not clear what work has
been accomplished and what has not.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the Order
will be extended for thirty days only and a letter will be sent to the Park
Department and Green International asking them to appear at our next meeting. It
was so voted.
JAMES KIERAN--EXTENSION OF ORDER OF CONDITIONS
Mr. Kieran had requested an extension of his order as he has not yet constructed
the swimmingpool which was included p c uded on the original plan.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
extension was granted for one year upon receipt of a written request. It was so
voted.
JOHN KEANE--CERTIFICATE OF COMPLIANCE
James MacDowell had viewed the site earlier this evening and noted that loam is
still stock-piled on the site and the railroad tie cribbing has not been completed.
The garage has not been constructed as yet either.
• Upon the motion of Alice Akatyszewski and second of Christopher Hagger, the
issue will be deferred until Mr. Keane can appear in person. It was so voted.
SHAUGHNESSEY HOSPITAL
Glenn Yale noted that a complaint had been made to the Commission regarding the
placement of fill material on the South River Flood Control project; therefore, Mr.
Jean-Paul Pelletier, Chairman of the Board of Trustees, was contacted by Mr.
Frederiksen and asked to appear at this evening's meeting.
Mr. Pelletier, Mr. Levesque, Mr. LaBreque, and Dr. Shaughnessey, all Trustees of
the hospital were present to discuss the issue. It was their understanding that all
permits, etc. had been filed. A plan was drawn for the project by former City
Engineer Anthony Fletcher who had told them all was ready to begin. They
therefore put the project out to bid and the work was begun last Friday. The
project involves the blasting away of ledge on one side of Dove Avenue and placing
the blasted material on the other side (South River). Mr.-Pelletier noted the
parking problem in the area was acute and this project was begun to alleviate that
problem.
Both Glenn Yale and James MacDowell had viewed the site and noted the top soil
from the river side of the road had been stripped away and a good deal of fill had
already been placed.
•
• Minutes of Meeting-Apil 12, 1984 Page 3
Chris Hagger noted that there obviously had been some misinformation somewhere
along the line, but what needed to be ascertained was what could not be done and
what the problems were with this project.
Jim MacDowell stated there were two problems that he could see: one was the
problem of controlling erosion. The whole area grades towards the basin and a
heavy rain storm could cause serious problems. The second problem is the issue of
doing any work in the area of the South River Flood Control project at all. The
project was funded with federal funds and there are likely to be stipulations on what
can or cannot be done there regardless of the Wetlands Protection Act. Glenn Yale
added he is not sure any work can be done there at all.
Chris Hagger asked if there was something that could be done to control the
erosion. He further asked if the work could be stopped until this issue can be
resolved. Mr. Pelletier stated that there is a great deal of money involved here
and he would like the issue resolved as soon as possible. Glenn Yale noted that we
have insisted on a lot more being done for much smaller projects than this one.
Jim MacDowell felt that the blasting could continue if an area outside the buffer
zone could be found to stockpile the blasted material. Temporary erosion control
measures must be taken as well.
Charlie Frederiksen will speak to the Acting City Engineer about staking out the
area of the buffer zone so that a stockpiling site can be ascertained. Hay bales will
• also be staked to control erosion. It was agreed by the Trustees that all other work
will be stopped immediately. A Notice of Intent will be required for any work done
on the South River side of Dove Avenue and further input will be obtained from the
State to ascertain whatg limitations on work in that area exist.
Glenn Yale felt a Cease and Desist was in order to designate the actual area where
work is to be stopped; however, it was the consensus of the Commission that this
would not be necessary. Proper erosion control measures will be taken
immediately and no work shall take place within the wetland area. The area will
be inspected again on Friday.
NEW BUSINESS
A complaint from a resident of Buchanan Road was reported by Charles
Frederiksen. She stated that a portion of the Phase V sewer project was "sinking."
The matter will be referred to the City Engineer.
Jim MacDowell noted that his firm had recently appeared before the Planning
Board on behalf of Mr. Harry Hewitt of Barnes Road who is planning to develop his
property. There is a wetland area on a portion of his property which he would like
to donate to the Commission. The parcel will have a 20' access strip and is 45,582
square feet. Mr. Hewitt will be contacted and a deed will be prepared.
•
• Minutes of Meeting--April 12, 1984 Page 4
MINUTES
Upon the motion of Alice Akatyszewski and second of Chris Hagger, the Minutes of
March 22, 1984, 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 10:00 p.m.
Respectfully submitted, O
a� � , y
Dale-E. Yale
Clerk
•
•
• ADDENDUM TO MINUTES OF APRIL 12, 1984
On Friday, April 13, 1984, at meeting was held at the request of Vice-chairman
Glenn Yale with Mayor Salvo, City Solicitor Michael O'Brien, Assistant City
Solicitor Mary Harrington, Acting City Engineer Richard Swenson, Conservation
Aide Charles Frederiksen, Mr. Yale, James MacDowell, Conservation Commission
Chairman Philip Moran, Mr. Jean-Paul-Pelletier of Shaughnessey Hospital, the
contractor for the project, a Mr. Pelletier, and the Attorney for Shaughnessey
Hospital.
It was pointed out that Shaughnessey Hospital was in clear violation of the
Wetlands Protection Act and, upon inspection this morning by the Commission and
Mayor Salvo, work had not stopped as was agreed Thursday evening. Following
some discussion,four things were resolved:
1. No work will be done within 100' of the wetland. The 100' mark will be defined
by the Acting City Engineer. It was noted by James MacDowell that in one corner
it would be difficult to determine the wetland area.as this is where the majority of
work had been done. In this area, it will have to be estimated where the wetland
actually begins.
2. The contractor agreed that hay would be spread in the area adjacent to the
wetland and definition by the Conservation Commission as to where erosion control
measures are to be taken will be made and the measures carried out no later than
April 14, 1984.
• 3. Regarding the issue of the South River Flood Control project, Mary Harrington
will look into the issue of whether any work can actually take place in that area.
4. The Conservation Commission agreed to work closely with the Engineering
Department and the Assistant City Solicitor in the preparation of the Notice of
Intent and public hearing on the subject will be advertised and held on April 26,
1984.
•
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AGENDA--AprSil.'26, 1984
1. Public Hearing--Shaughnessey Hospital
2. Determination of Applicability--Pennell, Sophia Road
3. Pickman Park Beach--Extension of Order of Conditions
4. Hamblet and Hayes
5. Gifford Russell, Franklin Street
6. DeFrancesco, Hersey Street
7. John Keane, Riverbank Road
8. Land aquisitions
• 9. Violations we have known and loved
10. Approval of Minutes
• MINUTES OF MEETING
April 26,_1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday,-April 26, 1984: Present were Chris Hagger, Alice
Akatyszewski, James MacDowell, and Glenn Yale. Richard Femino, Raymond
Lavender, Philip Moran, and Associate Member Paul Willis were absent.
The meeting was called to order at 8:05 p.m. by Vice-chairman Glenn Yale.
SHAUGHNESSEY HOSPITAL--PUBLIC HEARING
Vice-chairman Glenn Yale read the notice of the public hearing and introduced Mr.
Jean-Paul Pelletier, Trustee of Shaughnessey Hospital. Mr.Pelletier introduced
those present who were proponents of the project: Mr. Pelletier, the contractor
for the project, Mr. Levesque, Mr. LaBrecque, and Dr. Shaughnessey of the Board
of Trustees, and Ms. Evangeline Dumont, Director of the hospital.
Ms. Dumont first spoke of the acute need for parking at the hospital. From a
safety viewpoint, as well as from the viewpoint of the patients and visitors to the
hospital, the need for additional parking is great. The parking lot now located at
the corner of Dove Avenue and Jefferson Avenue is inadequate and poses problems
for third shift employees who must walk down Dove Avenue late at night.
• Mr. Tim Noonan, a former trustee, felt a solution to the problem could be using a
portion of the land on the site which is not a wetland. He noted the hospital is a
public facility and he hopes the Commission will take their needs into consideration.
James MacDowell noted that, while the Commission does not wish to take an
adversarial role in administering this project, there is a clear mandate under State
law to control the design and construction of any work which takes place within
100' of the wetland.
Glenn Yale read the letter from Mr. Pelletier dated April 24, 1984 (attached
hereto) which states the hospital intends only to loam and seed the area on the
South side of Dove Avenue. Mr. Yale stated he is not clear as to the intent of the
letter--does Shaughnessey intend to use this grassed area for parking? Mr. Pelletier
replied that he was asked by the Mayor to limit the work on the South side and not
to pave that area. However, the hospital cannot afford not to use the area for
parking purposes. They need 100 parking spaces and they feel they can still get
these spaces outside of the area which Richard Swenson staked out.
Jim MacDowell asked if they intend to pave the area outside the buffer zone and
Mr. Pelletier replied not for the time being; however, they may wish to pave the
area sometime in the future. Jim MacDowell noted that the larger issue is one of
run-off and erosion control. Glenn Yale added they must delineate where the line
of the wetland actually is. Much of that area has been destroyed, so an arbitrary
line must be established on the plan and clarified with the contractor.
•
• Minutes-of Meeting--April 26, 1984 Page 2
Jim MacDowell noted the unusual nature of this particular application.- Normally,
the proponent retains the services of an engineer who prepares the plan and
presents it on behalf of his client. In this case, the City is the applicant;so it is an
unusual situation. What we are trying to do here is to lay down some conditions for
the contractor to work with.
Glenn Yale asked Mr. Pelletier the contractor if he felt it was unusual for work to
be contracted in a wetland area for which no Order of Conditions had been issued
and Mr.Pelletier the contractor replied that he felt it was taken care of prior to
the job going out to bid. Glenn Yale asked if an Order of Conditions would be part
of the bid documents and Mr. Pelletier replied in the affirmative. He added,
however, that the bid process was a public procedure. Glenn Yale asked if the -
contractor had any input he wished to add to this evening's procedure and Mr.
" Pelletier replied that he felt he could still fulfill the requirements of the hospital
and stay within the confines set forth by the Commission.
Jim MacDowell noted-that the Commission had reviewed the site and the wetlands
maps, etc. and had set the edge of the wetland at the 26' contour. No work other
than grading and re-seeding shall take place within that line. The line would define
the toe of the slope and grading at a 2:1 slope would form a good grading pattern.
This would narrow the parking facilities by twenty feet across.
The other area of concern is run-off. It was felt that 2:1 was a reasonable slope.
• The low end (southeast corner) should have a paved drainage swale. At the base, a
rip-rap bed should be placed to dissipate energy.
Chris Hagger asked how the run-off would be channelled and Jim MacDowell noted
the pitch was 8' to that end. A condition could be that the pitch be directed to the
southeast corner. Also a bituminous berm will channel the flow.
There followed several minutes of discussion as to the advisability of requiring a
catch basin with a gas trap as was done for the Salem Hospital parking lot and it
was decided this situation differed from Salem Hospital. Chris Hagger raised the
issue of road salt leaching in to the wetland and Mr. Pelletier noted that the parking
areas are not salted.
Glenn Yale asked what their completion time was anticipated to be and Mr.
Pelletier replied they feel they can complete the project in twenty days. It was felt
that a condition of the project should be that re-seeding of all slopes should take
place no later than this Fall (October 1, 1984). The Commission will also require
that all disturbed areas be "dressed off." They should be temporarily re-seeded
until the natural wetlands re-vegetates.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the public
hearing was declared closed. It was so voted.
Upon the motion of Alice Akatyszewski and second of Chris Hagger, the following
conditions will be included in the Order of Conditions issued for the project:
• Minutes-of Meeting--April 26, 1984 Page 3
1. All work shall conform to the plan presented as amended by these Orders.
2. The toe of the slope line shall begin at a point beginning at Dove Avenue,
progressing South along the erosion control barrier line as staked out by the Acting
City Engineer to a point where it intersects a defined 26' elevation contour line. No
work shall be done other than restoration between the toe of the slope and the
wetland.
3. All fill material beyond the defined toe of the slope shall be removed and the
area restored and seeded prior to June 1, 1984.
4. Any filled slope shall not exceed 2:1.
5. Any area between the top of the slope and the toe of the slope shall be loamed
to a minimum depth of 4" and seeded.
6. A drainage swale formed of 1/4 to 1/2 cu. yd. stone, minimum width of 51, depth
of 1' shall be constructed from the southeast corner of the parking lot to the toe of
the proposed slope (elevation 25). At the termination of the proposed swale, an
energy dissipating pad, formed of 1/4 to 1/2 cu. yd. stone in minimum dimension of
10' x 10' shall be constructed.
7. As shown on the plan, the proposed berm shall be a minimum of 6 x 6 in size.
• 8. Loaming and seeding of the filled slopes shall take place no later than October
1, 1984.
9. Any modification of the above-referenced plans and conditions shall require a
new filing.
10. As-build drawings shall be submitted to the Conservation Commission upon
completion of the project prior to issuance of a Certificate of Compliance.
The above conditions were so voted.
DETERMINATION OF APPLICABILITY--PENNELL, SOPHIA ROAD
Vice-chairman Glenn Yale read the notice of the Determination.
Attorney Jack Kielty, representing the applicant, noted that plans for the proposed
project were not available for this evening's meeting, so he requested to withdraw.
A site visit will be scheduled for this site in order to better ascertain the
particulars involved.
HAMBLET AND HAYES
Mr. Tom Andruszkiewicz of Hamblet and Hayes was present to discuss the
possibility of Hamblet and Hayes constructing a new sewer line from their plant out
•
• Minutes of Meeting--April 26, 1984 - Page 4
to Jefferson Avenue. A right-of-way has been obtained from New England Power
Company down Colonial Road to put in any utilities. They propose to construct a
pressure sewer along Colonial Road to Jefferson Avenue, down 100' feet to the
major interceptor. They propose 4' pressure-PVC pipe. In response to a question
from Jim MacDowell, Mr. Andruszkiewicz noted they would go through the paved
area on Colonial Road and would re-pave when the project was completed. An
easement will have to be obtained from Cressey-Dockham to go along their
property line. They are proposing this construction,due to the fact that in July,
SESD will no longer accept their waste. Presently, they truck in their waste and it
is accepted by SESD, but this will no longer be the case after July 1. They intend
to settle out the heavy metals in the waste prior to introduction into the sewer
system.
Glennn Yale asked if the material is considered a hazardous waste and Mr.
Andruszkiewicz replied in the negative. The material contains sulfate and heavy
metals. The effluent they intend to introduce will comply with the parameters of
SESD. Chris Hagger asked if they presently store chemicals on the property and
Mr. Andruszkiewicz replied in the affirmative.
Some concern was raised over the condition of the sewer pipe through which the
effluent would pass and Mr. Andruszkiewicz noted that only a small portion of
older pipe would be involved. Glenn Yale asked what the volume of effluent would
be and Mr. Andruszkiewicz replied they intend to pump 2500 gallons per day which
• would average 1.7 gallons per minute. He noted they will be using an ejector pump.
They will be doing additional installation of pre-treatment facilities in order to
comply with SESD standards. Jim MacDowell noted that a copy of the test results
on the pressure pump and force main would be required by the Commisssion. Mr.
Andruszkiewicz agreed and added he will be filing a short form Notice of Intent in
the near future.
GIFFORD RUSSELL, FRANKLIN STREET
Mr. Russell was present to discuss a matter which has been pending for a number of
years before the Commission. In the past a large amount of fill material was
dumped on Mr. Russell's property on Franklin Street for which a Cease and Desist
was issued. Subsequently, a Notice of Intent was filed and an Order of Conditions
issued for the proposed rip-rap and marine railway which was intended for the site.
Little, if any work has been done on the site since that time. Mr. Russell is under a
stop work order from the Army Corps and they wish Commission input into where
to go next.
Further research will be done by the Commission on this matter and a joint site
inspection between the Commission and the Army Corps will be arranged. It was
generally agreed that any fill material that is to be removed would likely mean the
filing of a new Notice of Intent.
Minutes of Meeting--April 26, 1984 - Page 5
JOHN KEANE, RIVERBANK ROAD--CERTIFICATE OF COMPLIANCE
Mr. Keane was present to discuss the matter of the issuance of a Certificate of
Compliance. There was still some work to be completed--i.e. railroad tie cribbing,
and completion of the garage. Following some discussion, it was agreed to defer
issuance of a Certificate of Compliance until all work was completed. Mr. Keane
agreed this was acceptable.
- PICKMAN PARK BEACH--EXTENSION OF ORDER OF CONDITIONS
A letter from Mr. Frederick Geisel of Green International, contractor for the
proposed work at Pickman Park Beach was read which stated that no work has been
initiated on the project at present. They anticipate the project taking
approximately six months.
Upon the motion of James MacDowell and second of Chris Hagger, the Order of
Conditions will be extended until October 1, 1984: It was so voted.
MINUTES
Upon the motion.of Alice Akatyszewski and second of James MacDowell the
minutes of April 12, 1984, 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 10:15 p.m.
Respectf ly submitted,
Dale E. Yale
Clerk
• MINUTES OF MEETING
May 10, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, May 10, 1984,-Present were Glenn Yale, Alice
Akatyszewski, Raymond Lavender, James MacDowell, and Philip Moran (8:15 p.m.).
Also present were City Planner Gerard Kavanaugh and Conservation Aide Charles
Frederiksen. Richard Femino, Christopher Hagger, and Associate Member Paul
Willis were absent.
The meeting was called to order at 8:02 p.m. by Vice-chairman Glenn Yale.
DETERMINATION OF APPLICABILITY--COLLINS COVE
Vice-chairman Glenn Yale read the notice of the Determination.
Mr. William McDevitt, representing McNeil and Associates, the developers of the
site, was present to discuss their proposal for the construction of condominium
units on Collins Cove at Essex Street Extension and Memorial Drive (site of former
Health Hospital). Mr. McDevitt felt there were two area where the Commission
would be most concerned. One was their intention to restore one pier and
construct a second for the use of the neighborhood. No dredging or filling would be
required. The second area would be their intention to construct a footpath around
the perimeter of the property. This footpath construction was part of the
• agreement made with the City during negotiations for the development of the site.
Mr. McDevitt noted the building elevations (slab) would be located at elevation 22
or higher. Some buildings will be located in the buffer zone.
James MacDowell stated the Commission would need information regarding any
changes in grading patterns in the buffer zone, temporary erosion control
procedures, type of anticipated ground cover and calculations for drainage. Mr.
McDevitt replied they would be tying in to the City sewer system and would direct
any run-off towards Collins Cove. Mr. MacDowell stated the Commission would
need calculations for drainage at the outlet site and erosion control plans. Mr.
McDevitt will provide this information. Glenn Yale asked what work was proposed
for the shore line and Mr. McDevitt replied they would be constructing the
footpath and do some clean-up work. Mr. Yale felt construction plans for the foot
path should be included in the information provided to the Commission.
Upon the motion of James MacDowell and second of Raymond Lavender, it was
determined the proposal was significant to the provisions of the Wetlands
Protection Act and a Notice of Intent will be required. It was so voted.
DETERMINATION OF-APPLICABILITY--DEFRANCESCO HERSEY STREET
Mr. Sam DeFrancesco was present to discuss the issue of storage of fill which was
excavated from a site where a family home is being constructed on a lot of land
owned by the DeFrancesco family on Hersey Street. Vegetation on the site
• suggests that the area is a wetland. Mr. DeFrancesco noted that much of the fill
present on the site at this time.
• Minutes-of Meeting--May 10, 1984 Page 2
was put there by other persons without his permission. They stored their material
there and did not realize they were doing anything wrong.
Glenn Yale asked what they intended to do with the site and Mr. DeFrancesco
replied they intend to grade off and make the site look better. Charles Frederiksen
noted that the site is not designated a wetland on the City wetlands maps;
however, the vegetation suggests wetlands exist: Philip Moran noted that there
was enough space on the lot to pull the fill back away from the wetland area and
spread it around on the remaining space. Mr. DeFrancesco felt this would be
acceptable.
Upon the motion of Philip Moran and second of Raymond Lavender, the proposal is
not significant under the Wetlands Protection Act as long as the intention of the
applicant is to pull the fill away from the edge of the wetland and spread it over
the remainder of the parcel. It was noted that if they ever intend to fill the area,
they must return to the Commission for their input. It was so voted.
DETERMINATION OF APPLICABILITY--PENNELL. SOPHIA ROAD
Glenn Yale read the notice of the Determination.
Mr. Pennell and Mr. Gerber, both of whom wish to construct homes in the area
were present and showed a topographical plan of the property in question. There is
a steep slope down to a wetland area behind the property. Mr. Gerber explained
• that their homes would be built on a plateau which was 200' from the wetland.
Glenn Yale asked where any excavation materials would be stored and Mr. Gerber
replied there would be not excavated material. They will be building on a slab and
any excavated material would be used to grade off at the front of the property.
There followed several minutes of discussion as to the best way to handle this
issue. There are some questions as to the finishing of the road and what the
Planning Board will require. Further, there could be a serious run-off and erosion
problem on the site. It was felt that some input from the Planning Board regarding
this site should be obtained. It was felt that the Pennell dwelling would pose no
problem, but Mr. Gerber's site would be another matter. Charles Frederiksen
added that there were several problems the Planning Board will wish to address--
road width, erosion control, location of the turn-around, etc. It was felt an
inspection of the site would be beneficial and the Commission will inspect on
Monday evening, May 14, at 6:30 p.m.
-ZIEFF--LORING HILLS AVENUE
Glenn Yale read the notice of the Determination.
Mr. James Zieff, developer of property off Loring Avenue was present to discuss
two instances where input from the Commission is needed. -They are developing
eight acres off Loring Hills Avenue which passes by a pond. An access road into
•
• Minutes-of Meeting--May 10, 1984 Page 3
their development has been constructed in the buffer zone: It has been constructed
along a utilty easement and was intended to keep construction vehicles away from
the existing condominiums. They wish Commission input as to whether placing
gravel on this road and eventually bituminous would have an adverse impact on the
pond.
Glenn Yale asked if they intend to change the elevation of the road and Mr. Zieff
replied they intend to put 6 - 8" of gravel on the road, plus bituminous. Charlie
Frederiksen noted that the pond runs into a storm drain which is presently clogged,
so the actual level of the pond is unnaturally high. The developer also hopes to
clean out the storm drain and improve the pond as an amenity to the development.
It was decided that the Commission will also view this site on Monday evening, May
14.
GIFFORD RUSSELL--FRANKLIN STREET
Ms. Sally Byors, Mr. Russell's sister, summed up the issue at the moment. There
are 350 cu. yds. of fille to be removed according to a recent inpsection by the
Commission and a representative of the Army Corps. She feels if the fill can be
"cleaned up," could they refrain from removing it as she feels much fill will have to
be placed on the property when she is ready to develop it. Her long-range intention
is to construct a marina type of facility on the site and she noted this was in
conformance with the Master Plan.
• It was noted this entire issue was clouded for a number of years; much illegal fill
has been placed there; the property is under a Cease and Desist order; and the
Army Corps has asked that the local Commission make a determination as to how
best to handle the situation.
Jim MacDowell stated that the Commission is acting under the new wetlands
regulations now and that amount of fill would never be allowed. The coastal
regulations are quite specific as to what is allowed.
Mr. George Meridian, an engineer, stated that the fill material placed there
contains granite blocks from the old Salem train tunnel and also a great deal of
clay. He reiterated Ms. Byors' request to "clean up" what was present rather than
removing it all. He added that Universal Testing performed tests on borings done
on the filled site and it was determined there were not contaminants present.
Glenn Yale asked for a copy of the test results. Jim MacDowell again stated that
the wetlands regulations were very specific as to what can be used as fill material.
Glenn Yale was present at the Army Corps inspection and noted the Corps would
like the fill removed back beyond a line designated by the Conservation
Commission. It was noted that the entire area is subject to control under the
Wetlands Protection Act and the City Wetlands Special Permit due to its location
•
• Minutes-of Meeting--May 10, 1984 Page 4
within the flood hazard district (15.36). Further information will be required before
any determination can-be made. Input will be obtained from Brian French and
Susan Madison, the site will be inspected again, and further plans and maps will be
obtained from the Army Corps. The matter will be discussed again on May 24,
1984.
FAFARD--UPDATE
Mr. Gerard McNeil of Fafard was present and introduced Mr. Greg Warren who will
be working on the project, particularly the building design and locations in the
residential areas.
Mr. McNeil noted that a superceding Order of Conditions had been issued by DEQE
on the basis of an appeal filed by Purity Supreme. DEQE feels they must
administer the project under the April 1, 1983, regulations. Fafard met with DEQE
last Friday and produced evidence that the Commission and DEQE did receive
Fafard's application prior to April 1, 1983. They also are discussing the possiblity of
Purity Supreme withdrawing their appeal and if this will have an effect on the
superceding order.
They have requested that the Conservation Commission become part of the hearing
process. This is because the superceding order puts DEQE in control rather than
the Conservation Commission, which he feels would be unfortunate in light of the
many months of work the Commission has devoted to the project. He feels the
• Commission should press to re-gain jurisdiction. Mr. McNeil has suggested that the
Commission send a representative to attend the pre-hearing conference to push the
Commission's point of view. They will suggest a compromise in order to complete
First Street and to fill 5000 square feet of area and provide compensating storage.
The concern is for the change in ecosystem from a swamp area to a pond area. Also
the matter of changing the drainage direction to alleviate water problems on
Swampscott Road will be addressed. The City is in favor of this to help their water
problems; however, it may be an issue to discuss further. Mr. McNeil noted
changing the flow direction makes no difference to the developer, but could help
the City in the long run, so they are willing to do it.
Mr. McNeil noted that a date for the pre-hearing conference had not been set as
yet; however, he will keep the Board apprised. This would be the best time to let
the concerns of the Commission be aired. Fafard's aim would be to restore the
control of the project to the Commission and administer the project under the
original Order of Conditions.
STUART MARTIN LAND DONATION
Philip Moran has received a copy of the original deed and will research the matter
further and we will hopefully act by our next meeting.
•
• Minutes of Meeting--May 10, 1984 Page 5
MINUTES
Upon the motion of Alice Akatyszewski and second of Raymond Lavender, 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 declared adjourned at 9:55 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
•
• x0N QUI
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z Conservation C®mmiss m
Salam. Massachusetts 01970
CITY OF SALEM
CONSERVATION COMMISSION
Will give a public hearing under the Wetlands Protection Act, Mass. G. L.
Chap. 131, Section 40, at the request of Hewitt Construction Company, 18
Verdon Street, Salem. The purpose of the hearing is to explore the effects
of the construction of two dwelling units on Clark Street, which is a wetland
area. The hearing will be held on Thursday, May 24, 1984, at 8:00 p.m., One
Salem:Green, second floor conference room.
c
Philip b. Moran
Chairman (�
May 17
•
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• MINUTES OF MEETING
May 10, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, May 10, 1984. Present were Glenn Yale, Alice
Akatyszewski, Raymond Lavender, James MacDowell, and Philip Moran (8:15 p.m.).
Also present were City Planner Gerard Kavanaugh and Conservation Aide Charles
Frederiksen. Richard Femino, Christopher Hagger, and Associate Member Paul
Willis were absent.
The meeting was called to order at 8:02 p.m. by Vice-chairman Glenn Yale.
DETERMINATION OF APPLICABILITY--COLLINS COVE
Vice-chairman Glenn Yale read the notice of the Determination.
Mr. William McDevitt, representing McNeil and Associates, the developers of the
site, was present to discuss their proposal for the construction of condominium
units on Collins Cove at Essex Street Extension and Memorial Drive (site of former
Health Hospital). Mr. McDevitt felt there were two area where the Commission
would be most concerned. One was their intention to restore one pier and
construct a second for the use of the neighborhood. No dredging or filling would be
required. The second area would be their intention to construct a footpath around
the perimeter of the property. This footpath construction was part of the
• agreement made with the City during negotiations for the development of the site.
Mr. McDevitt noted the building elevations (slab) would be located at elevation 22
or higher. Some buildings will be located in the buffer zone.
James MacDowell stated the Commission would need information regarding any
changes in grading patterns in the buffer zone, temporary erosion control
procedures, type of anticipated ground cover and calculations for drainage. Mr.
McDevitt replied they would be tying in to the City sewer system and would direct
any run-off towards Collins Cove. Mr. MacDowell stated the Commission would
need calculations for drainage at the outlet site and erosion control plans. Mr.
McDevitt will provide this information. Glenn Yale asked what work was proposed
for the shore line and Mr. McDevitt replied they would be constructing the
footpath and do some clean-up work. Mr. Yale felt construction plans for the foot
path should be included in the information provided to the Commission.
Upon the motion bf'James MacDowell and second of Raymond Lavender, it was
determined the proposal was significant to the provisions of the Wetlands
Protection Act and a Notice of Intent will be required. It was so voted.
DETERMINATION OF APPLICABILITY--DEFRANCESCO, HERSEY STREET
Mr. Sam DeFrancesco was present to discuss the issue of storage of fill which was
excavated from a site where a family home is being constructed on a lot of land
• owned by the DeFrancesco family on Hersey Street. Vegetation on the site
suggests that the area is a wetland. Mr. DeFrancesco noted that much of the fill
present on the site at this time.
44
Minutes of Meeting--May 10, 1984 Page 2
• was put there by other persons without his permission. They stored their material
there and did not realize they were doing anything wrong.
Glenn Yale asked what they intended to do with the site and Mr. DeFrancesco
replied they intend to grade off and make the site look better. Charles Frederiksen
noted that the site is not designated a wetland on the City wetlands maps;
however, the vegetation suggests wetlands exist. Philip Moran noted that there
was enough space on the lot to pull the fill back away from the wetland area and
spread it around on the remaining space. Mr. DeFrancesco felt this would be
acceptable.
Upon the motion of Philip Moran and second of Raymond Lavender, the proposal is
not significant under the Wetlands Protection Act as long as the intention of the
applicant is to pull the fill away from the edge of the wetland and spread it over
the remainder of the parcel. It was noted that if they ever intend to fill the area,
they must return to the Commission for their input. It was so voted.
DETERMINATION OF APPLICABILITY--PENNELL SOPHIA ROAD
Glenn Yale read the notice of the Determination.
Mr. Pennell and Mr. Gerberboth of whom wish to construct homes in
the area
,
were present and showed a topographical plan of the property in question. There is
a steep slope down to a wetland area behind the property. Mr. Gerber explained
• that their homes would be built on a plateau which was 200' from the wetland.
Glenn Yale asked where any excavation materials would be stored and Mr. Gerber
rep
and
lied there would excavated material would be used t material.e not excavated l grade off at hebe
front e propertng on a y.
any .
There followed several minutes of discussion as to the best way to handle this
issue. There are some questions as to the finishing of the road
and what and•
Planning Board will require. Further, there could be a ser .
pro g from the Planning Board regarding
input fr g
problem on the site. It was felt that some
this site should be obtained. It was felt that the Pennell dwelling would pose no
problem, but Mr. Gerber's site would be another matter. Charles Frederiksen
s the Planning Board will wish to address--
added that there were several problemroad width, erosion control, location of the turn-around, etc. It was felt an
inspection of the site would be beneficial and the Commission will inspect on
Monday evening, May 14, at 6:30 p.m.
ZIEFF--LORINGHILLS AVENUE
Glenn Yale read the notice of the Determination.
Mr. James Zieff, developer of property off Loring Avenue was present to discuss
two instances where input from the Commission is needed. They are developing
eight acres off Loring
Hills Avenue which passes by a pond. An access road into
•
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%oN Cpl
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• ;�(� Salem. Massachusetts 01970
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MINUTES OF MEETING
June 14, 1984
The Salem Conservation Commission met at One Salem Green, second floor conference
room, on Thursday, June 14, 1984. Present were Philip Moran, Alice Akatyszewski,
Raymond Lavender, James MacDowell, Glenn Yale, and Christopher Hagger (8:15 p.m. ) .
Also present were Conservation Aide Charles Frederiksen and City Planner Gerard
Kavanaugh. Richard Femino and Associate Member Paul Willis were absent.
Chairman Philip Moran called the meeting to order at 8:04 p.m.
LEGG'S HILL POND
Chairman Philip Moran gave a brief summary of the discussion which took place at
our previous meeting regarding the issue of the pond known as Legg's Hill Pond.
As a result of sections of outlet pipe being removed from the end of the pond,
the level of the pond had dropped dramatically. As a temporary measure, the
Conservation Commission had ordered the placement of an earth dam to maintain the
water level in the pond until such time as the proper outlet pipe could be in-
stalled. There has been some argument as to what the actual level of the pond
• should be and the discussion of our last meeting was continued until this evening
so that certain legal and engineering aspects could be researched further.
Mr. Moran had researched the original deeds to the property and noted that Marble-
head purchased the pond some years ago, but it is located entirely within the
boundaries of Salem. According to definitions noted in the wetlands regulations,
the area is defined as a pond and as such is subject to the protection of the
Conservation Commission under the Wetlands Protection Act. The Commission will
attempt this evening to define the issues and reach an equitable solution to
determine the level of the pond which will protect wetlands vegetation in the area,
provide the aesthetics the neighbors of the area had believed were part of their
property, and satisfy the concerns of the Marblehead Water Department as well.
Mr. Dana Snow, Superintendent of the Marblehead Water and Sewer Department, noted
that the original 10" pipe that was set in the pond in 1923 was placed at a certain
invert elevation. When the Order of Conditions for the Vinnin Square Drainage
Project was issued a larger pipe (16" was ordered, 16" was installed) was to be
placed at the same invert elevationaas, the 10" pipe. He introduced Mr. Charles
Miller who is a consulting engineer for the Town of Marblehead.
Mr. Miller is from the firm of Haley and Ward. He noted the invert elevation
Of the 10" pipe was 23.31 and the 16" pipe was 23.13. The pond surface presently
is 27.4, so the pond is now 4' above the invert of the drainage pipe.
Philip Moran asked why the orifi naly pipe was placed there and Mr. Miller replied
that this was done when their 14" water main was installed up Legg's Hill Road.
0
The 10" pipe accomodated a brook which ran through the property.
Minutes of Meeting--June 14, 1984 Page 2
• Philip Moran asked what the Town of Marblehead wished the Conservation Commission
to do and Mr. Snow replied that it was the feeling of the Water Commissioners in
Marblehead that the pond should be restored to its original level. This would
mean a drop in level of approximately four feet. He also raised the issue of
liability.
Philip Moran felt the liability issue was not within the jurisdiction of the Con-
servation Commission, but he also noted that he has never been aware of a municipality
being held liable for a drowning in a municipal water area. He added that even
if the pond were lowered, the problem of liability still exists. The Conservation
Commission must first consider the state law which governs this wetland.
Glenn Yale asked when was the last time Marblehead pumped from their well in
the area and Mr. Snow replied in 1954-55. He added that Marblehead had to work
very hard to maintain the elevation due to the accumulated debris and vandalism.
Glenn Yale asked if the level of the pond ever reached the level of the invert of
the 10" pipe and Mr. Snow replied he felt the level was maintained, but periodic
damming up of the pipe was allowed to happen to accomodate skaters, etc.
James MacDowell noted he had found the elevation of the pond to be 28.0 on
Wednesday. Mr. Miller had done his elevation calculations on Monday, June 11.
Mr. MacDowell noted that the Commission had in its possession a plan which took
the elevation of the pond in March of 1983 and placed it at 27.2. He raised
the issue of whether the invert had changed and Mr. Snow felt that was a possibility.
• He added, however, that the drainage pipe at Vinnin Square lays 2' higher.
Mr. MacDowell noted that according to the Linden Avenue plan to which he referred
earlier, the outlet shows a high water mark stain at 27.5. This is fairly clear
evidence that the level of the pond was at this elevation for a prolonged period
of time. Mr. Snow felt this could be due somewhat to the continued blockage problem.
James MacDowell felt it would be difficult to justify lowering the pond level by
three to four feet.
Chris Hagger raised the issue of water quality, which seemed to be of concern to
Marblehead at our last meeting. Mr. Snow stated that the consensus was now that
the elevation as it stands now would not affect water quality. Mr. Miller added,
however, _that any further rise in the level could have a detrimental effect. Chirs
then asked if there was no detrimental effect on water quality, what difference
would it make? Mr. Snow again raised the issue of liability. The Order of Conditions
issued in 1978 does set the invert elevation of the pipe at the same level as the
existing 10" pipe, therefore the level of the pond should be lower. Chris Hagger
felt he was not clear as to the liability issue and Mr. MacDowell added that
if any legal action was ever instituted, it would be "messy" as there are so
many owners of the property. Mr. Miller felt that whatever reason the pond ele-
vation is higher, some type of official sanction should be made.
Glenn Yale clarified the dam situation. It was done as a temporary measure to
preserve the level of the water that is presently there until such time as
a determination could be made as to the appropriate level.
•
• Minutes of Meeting--June 14, 1984 Page 3
Mr. Miller further added that the Town of Marblehead has made a great deal of ef-
fort to maintain that outlet pipe in the absence of any maintenance from Salem.
If any liability questions should arise, at least Marblehead could show that
these efforts had been made. He added that if the pond was lowered to the ;'proper"
level, there would actually be two small ponds.
Jim MacDowell noted that if the Town of Marblehead wishes to bring the level of
the pond down to four feet less than it is now, it would clearly require a filing
of a Notice of Intent.
Attorney William Rendle, representing Mr. Mackey, asked what identifiable vegetation
existed in the pond area which needs protecting? If that vegetation became.
established as a result of a recent rise in the level of the pond and occurred
due to a lack of maintenance of the outlet pipe by the-City he feels it would
fall into a different category than vegetation which exists as part of a wetland.
The increased elevation of the pond has taken some of Mr. Mackey's land and
he feels this loss of land should be addressed.
Jim MacDowell noted that we are not dealing with just wetlands vegetation--the
pond is defined in the Act as a resource area which is protected by the Wetlands
Protection Act. Vegetation is only one criterion. Also, the regulations make
no distinction a5_.to_whether the pond came into existence. We must dealLwith it
• as it now exists. Mr. Rendle replied that the original Order of Conditions created
a balance of interests, which are not all served equally at present.
Mr. Moran felt that negligence in maintenance was not a valid argument. He asked
if Mr. Mackey had an explanation as to why sections of pipe were removed and Mr.
Mackey replied that the sections that were removed were not part of the original
installation. They had been placed there by Marblehead in an effort to cut back
on the vandalism and when he went in there to clean out the pipe, his equipment
inadvertently dug up those additional lengths. Mr. Rendle added that if the City
had maintained the pipe as they were supposed to, this would not be a problem
now.
Philip Moran noted that there is strong evidence that the level of the pond
should be 27.3. Glenn Yale added that we also have aerial photos of the
area taken in 1968 which show the pond at an equivalent level as presently.
Dana Snow asked if there were any plans available from the state which set the
appriprate level of the pond and Mr. MacDowell replied they had construction draw-
ings only--this is why there is such a dilemma. Glenn Yale asked what benchmark
Mr. Mackey used and Mr. Rendle replied he used the old 10" pipe as a guide. This
was explictly explained in the Order of Conditions.
Attorney Gary Sackfder, representing residents of the neighborhood, asked Mr.
Miller if they had any topographical plans which showed the pond level being so
low as to create-,two small ponds and Mr. Miller replied in the negative. Some
• discussion ensued as to the benchmarks used in calculating the invert elevations.
Mr. Miller noted that the top of the hydrants in the well fields were 21.41 and
17.44, using "Marblehead base."
I
Minutes of Meeting--June 14, 1984 Page 4
• Mr. Sackrider asked if Marblehead felt there would be reduced liability if the
level of the pond was lower and Mr. Snow stated that by making the pond level
higher, the recreational aspects of the pond are enhanced.
Glenn Yale asked how Marblehead would feel about a level of approximately 27 or so?
Mr. Snow replied that some permanent type of structure would have to be installed
and he wondered who would bear the cost for this? Mr. MacDowell noted that the
City of Salem will design and build this structure and it would then be the
responsibility of the City of Salem to maintain. As to the mechanism of how this
is achieved regarding a Notice of Intent or a modification of the original order,
this has yet to be worked out.
Upon the motion of Glenn Yale and second of Alice Akatyszewski, the City Engineer
will be requested to design and install an outlet structure which will maintain
the level of the pond at:.27. 3. It was so voted.
HEWITT--ORDER OF CONDITIONS (#64-103)
James MacDowell abstained from any participation in this project.
Conservation Aide Charles Frederiksen visited the site this past week and noted
that the only issue of any real concern was the presence of debris--stumps, limbs,
etc. on the site. The proponent is willing to remove this as a condition of
approval. Mr. Frederiksen felt there should also be some erosion control em-
ployed on the bank behind lot 345.
• Upon the motion Alice Akatyszewski and second of Christopher Hagger, the Order
of Conditions will be written referencing the presented plan, requiring that
all debris be removed, and that erosion control measures be employed behind
lot 345. It was so voted.
RAGONE
A summary of the illegal fill which was found to be stored on Mr. Ragone's property
was read to the Board (attached hereto) . It was noted that upon the serving of
the Cease and Desist, Mr. Ragone voluntarily locked his gates and cooperated
fully with the Commission. The fill material came originally from New England
Power and there is positive evidence that it contains petrochemical and expert
opinion that it also contains coal ash. Both are unacceptable materials for
a wetland area.
Upon the motion of Alice Akatyszewski and second of Raymond Lavender, the fill
material must be removed within fourteen days. It was so voted.
MOOSE
Mr. William McLaughlin of the Moose Lodge was present to seek permission from
the Commission to begin work in the area away from where the culvert and manhole
are to be constructed. Differing opinions as to whether the pipe under Highland
Avenue has been cleaned or not have been received from the state DPW and this
• will be reserached further. It was noted, however, that a state DPW permit must
be obtained for the Commission's perusal before any construction or filling takes
place according to our Order of Conditions.
The matter will be taken under advisement and will be addressed at our first meeting
in July.
i
Minutes of Meeting--June 14, 1984 Page 5
• OLD BUSINESS
It was noted that Mr. Martin's land on Juniper Cove will be appraised on Tuesday,
so the matter of the land donation should proceed after that time. Paul Willis
has promised the Conservation Trust information before our next meeting.
An adjudicatory hearing was held regarding the appeal of the Fafard Order of
Conditions and it will henceforth be under the jursidiction of DEQE who will
issue a superseding Order. The Commission will have input into each phase
review, however.
MINUTES
Upon the motion of Alice Akatyszewski and second of James MacDowell, the Minutes
of June 4, 1984, were approved. It was so voted.
There.being no further business, the meeting was declared adjourned at 9:50 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
•
`�(ON Cp�7
z Conservation Commission
Salem. Massachusetts 01970
ASS
AGENDA--June 4, 1984
1. Public Hearing--Hewitt Construction Company
2. Extension of Order of Conditions, Ernest DelPero, Webb Street
3. Legg's Hill Pond discussion
4. Gifford Russell--Franklin Street
i
5. Kernwood wall repair, discussion--Erland Townsend
6. Moose
7. Approval of Minutes
8. Old/New Business (Stuart Martin, Juniper Cove)
�.��ON CO,y i
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z Conservation Commission
Salem. Massachusetts 01970
F�snc`�vy
MINUTES OF MEETING
June 4, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, June 4, 1984. Present were Raymond Lavender,
Alice Akatyszewski, Glenn Yale, James MacDowell, Christopher Hagger,
and Philip Moran. Also present were City Planner Gerard Kavanaugh and
Conservation Aide Charles Frederiksen. Richard Femino and Associate Member
Paul Willis were absent. The meeting was called to order at 8:05 p.m.
HEWITT--PUBLIC HEARING
Chairman Philip Moran read the notice of the public hearing. James MacDowell
noted for the record that he will be abstaining from any participation in this
application. Mr. Erland Townsend of T & M Engineering was present on behalf
of the proponent and stated the project consists of the construction of two
single-family dwellings on lots which were recently re-subdivided by the
Planning Board. Each lot consists of approximately 16,000 square feet and
are within the buffer zone. Some re-grading and re-shaping of the lots, par-
ticularly in one corner of the buffer zone is anticipated. Any fill re-
moved during excavation will be used within the site or trucked away. Only
clean fill will be used and they also intend to construct siltation control
devices to place at the bottom of the banking until growth is re-established.
Philip Moran asked how far into the buffer zone the dwellings will encroach
and Mr. Townsend replied one dwelling will encroach approximately eight
feet into the buffer zone.
Glenn Yale noted that they plan to soften the contour slightly and Mr.
Townsend replied in the affirmative, noting they plan to try and re-shape
in some areas. Glenn Yale asked if any vegetation existed on the site and
Mr. Townsend replied there is mostly scrub type vegetation,,.adding that
some fill had been placed there in the past which was not placed there by
his client.
Philip Moran asked if these lots had been before the Commission previously
and Mr. Townsend replied in the affirmative, adding that several years ago
four lots were proposed to be developed. They have now reduced that number
to three. Mr. Moran recalled that some dlmtpoing had taken place on the
property and Mr. Townsend replied there were some stumps, etc. They were
amenable to a condition in the Order of Conditions requiring that all unaccep-
table. fill materials be removed.
Minutes of Meeting--June 4, 1984 Page 2
There being no further discussion and no members of the public present wishing
to speak in favor or:-in opposition to the proposal, upon the motion of Glenn
Yale and second of Alice Akatyszewski, the public hearing was declared closed.
It was so voted. Upon the motion of Glenn Yale and second of Raymond Lavender,
the site will be inspected prior to our next meeting and the Order of Conditions
written at that time. It was so voted.
ERNEST DELPERO--EXTENSION OF ORDER OF CONDITIONS (#64-91)
Attorney John Serafini Jr. was present to discuss the proposed extension of
an Order of Conditions issued to Mr. Ernest DelPero for work on Webb Street.
The proposal consists of the construction of condominium units on pillars sunk
into the mudflat at Collins Cove. Mr. DelPero has done quite a bit of the
work, but needs a little more time. He noted that the project has minimal
impact on the wetland.
James MacDowell asked how long Mr. Serafini felt Mr. DelPero needed and Mr.
Serafini replied he felt they would be finished with the project and would be
coming back to the Commission for a Certificate of Compliance by the end of
the year. They would be amenable to an extension of less than a year.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
Order of Conditions was extended for six months. It was so voted.
• LEGG'S HILL POND'-
Glenn Yale gave a brief update of the situation. It was reported by one of
the residents of Linden Avenue that the pond level had dropped dramatically
and quickly. Upon inspection, it was noted that the outlet pipe which was
placed in the pond as part of the Vinnin Square drainage project had been
been removed, thus changing the invert elevation of the pipe and the level
of the pond. The City of Salem has been mandated to keep the pipe free of
debris and Mr- MackpWAad been contracted by the City to perform this cleaning
work. However, .as an emergency measure, until such time as it could be as-
certained what the appropriate level of the pond should be, the outl6t was
temporarily dammed up. The dam was removed by Marblehead subsequent to that
time and was again dammed up upon order of the Commission on an emergency
basis. Mr. Yale stressed that the blocking procedure was only temporary until
it could be determined what action was appropriate.
James MacDowell noted that ,the Commission has plans of homes built on the
Linden Avenue side of the pond dated March 1983, which put the elevation of
the pond at 27.2.
Mr. Dana Snow of the Marblehead Water and Sewer Department stated that Marble-
head had been maintaining the outlet pipe there for years in the absense of
maintenance by Salem. The pipe is constantly being plugged up for skating
purposes, vandalism, etc. He stressed that the pipe must be maintained in order
Minutes of Meeting--June 4, 1984 Page 3
• to maintain the water quality of the pond which directly impacts their
well fields. He disputes the 27.2 elevation and expressed concern that
if the pond level were too high the water quality would be adversely af-
fected in their well fields. He felt the elevation should be four feet
lower than what now exists. According to the Order of Conditions issued
for the Vinnin Square drainage project, the 18" pipe shoilld be laid along
the existing 10" pipe. Therefore, the pipe which was removed was laid
into the center of the pond and the invert elevation should be relatively
clear. He added that in reality there should be no pond there at all. In the
past the area was the site of many peat fires and the pond was only created
as part of the drainage project.
Philip Moran asked if the pond is within the boundaries of Salem and Mr.
Snow replied in the affirmative. Glenn Yale asked if Marblehead had coor-
dinated their efforts with Salem to maintain this pond propertly and Mr. Snow
replied that Salem did not coordinate with Marblehead at all and the clean out
of the pipe is practically a daily occurrence.
Chris Hagger asked what exactly the water quality issue was and Mr. Snow
replied that the well was constructed in the late 1800's and its use was
discontinued in 1952. They have recently been under some pressure from the
MDC to reactivate the use of that water supply. Chris Hagger asked what
the yield would be and Mr. Snow replied .75 mgd. Philip Moran asked what
specifically Marblehead would like to see and Mr. Snow replied they would like
• the elevation of the pond to be four feet lower than now. He is further
concerned with the fact that Linden Avenue residents are using the pond
for recreational pursuits--who is liable? He added that the use of fertilizers,
etc. could cause eutrification of the pond. Glenn Yale stated that those
residents felt their property lines ran out into the water.
Mr. Snow stated that pond in its natural state is practically non-existent.
If they begin pumping from their well again, the level will drop dramatically.
The elevation as it is now could seriously affect their water quality because
if the water runs into their well too quickly, they will be pumping surface
water rather than ground water and the leaching effect of the water will be
affected as well. Chris Hagger asked what the size of the well was and Mr.
Steve Benjamin of the Marblehead Water Department replied it is a gravel well
60' deep and 30' in diameter. Mr. Snow stated they are concerned that if
the elevation of the pond is too high, improper infiltration will take place.
Chris Hagger felt this was not a concern. Mr. Snow stated that his consulting
engineers had stated this concern.
Glenn Yale asked what the elevation of the well was and Mr. Snow replied it is
the same as the pond. Chris Hagger felt Marblehead's concerns were not neces-
sarily valid and felt the matter needed more discussion. Mr. Benjamin raised
the issue of road salt contaimination of the well and Mr. Hagger agreed, but
added that this is always a problem.
Glenn Yale asked what Mr. Snow's opinion of where the pipe should be placed
would be and Mr. Snow felt it should follow the contour of the bottom of the
• pond. Glenn Yale asked if Mr. Snow felt the invert had been changed and Mr.
Snow replied in the negative.
Minutes of Meeting--June 4, 1984 Page 4
• Attorney William Rendle representing Mr. Mackey stated that the pond should
be tested three times a year by the Conservation Commission. To his knowledge
this had not been done, even though the Order of Conditions specified that
it must be done. The pond must be maintained as Class B. Regarding the
elevation of the pipe, if the 18" pipe is set adjacent to the existing 10"
pipe at the same invert elevation, the elevation of the pond would be con-
stant. He stressed that Salem must maintain this pond. They have a respon-
sibility to Marblehead and to Mr. Mackey as an abuttor as well.
Philip Moran felt the whole matter needed a great deal more study. There
are several areas to look into and he suggested dealing with the matter
again at our next meeting. Mr. Peach of the Marblehead Water Commission felt
their engineer could provide input into this as well and it was agreed he
should be invited.
Mr. Albert Tremblay of Linden Avenue stated that aerial photos of the area
show the pond to be higher than it is now. The neighbors certainly.do not wish
to live on a swamp. It was further noted by the Commission that vegetation
has established on the pond which make it subject to wetlands protection.
Mr. Snow stated that if Marblehead begins to use their well again, there will
be no pond.
GIFFORD RUSSELL-FRANKLIN STREET
A Cease and Desist order is still in effect on the property. Additional
• information from the Army Corps has just been received which does not shed
too much more light on the situation.
James MacDowell noted there is still some material being stored on the
property which is in violation of the Order of Conditions. It was further
noted there is a question of ownership of the property according to the
Planning Board minutes of 1971. Mr. Russell replied he had a title search
done and his land goes out to the center of the river. He added that the
fill was there long before he owned the land.
Glenn Yale noted that we still have no information as to what the actual
contour should be. The Army Corps has indicated they would like all the fill
material removed--not just the unsuitable fill; however, they will abide
by the Conservation Commission recommendation. Mr. Yale feels that the
Corps wishes the fill to be removed. He also pointed out that the Cease and
Desist was not limited to the subsequent Order of Conditions. The Order
of Conditions did specify removal of unsuitable fill materials, but was
issued for a proposed marine railway which now is not going to be constructed.
Mr. Yale feels all the fill should be removed. Alice Akatyszewski agreed.
Mr. Russell felt a great deal of the fill material had already been removed.
Upon the motion of Glenn Yale and second of Alice Akatyszewski, a set of
drawings at 20 scale shall be provided to the Commission defining what is
currently on the site so that a. definition can be made as to how to best
handle the situation. It was so voted.
•
• Minutes of Meeting--June 4, 1984 Page 5
KERNWOOD
Mr. Erland Townsend of T & M Engineering was present to informally discuss
a proposal for some repair work at the Kernwood Country Club.
A retaining wall along the Danvers River is beginning to crumble and they
propose to excavate in back of the existing wall and put a new retaining
wall in place, leaving the existing wall there.
Glenn Yale asked if there was a potential for damage by excavation and
Mr. Townsend replied they intend to do a section at a time, skipping a
section in between in order to avoid this problem. There is also a
smaller existing wall adjacent to a small pond which is crumbling. The
pond is controlled by a control structure and they wish to stabilize this
wall with gabions. He questioned whether this needed two filings or what
the wish of the Commission would be. The consensus was the a full Notice
of Intent would be required for each project.
Mr. Townsend then noted there is an existing wooden wall on the seventh
tee which is in urgent need of repair. They would like to go in on the
outside, leaving the present wall in place and construct another wall and
reinforce with gabions. He felt this definitely should be a full Notice
• of Intent.
Chris Hagger raised the issue of where any excavated materials would be placed
and Mr. Townsend replied they will be taken off site.
MOOSE
Mr. William McLaughlin of the Moose Lodge was present to state that
the pipe under Highland Avenue has been cleaned and is now flowing. They
wish to begin their project and would like a letter from the Commission
giving them permission.
Charles Frederiksen spoke with Mr. Eidelmann of the DPW and he stated that
the pipe had not been cleaned, though': any blockage may have been pushed out
by the pressure build up as a result of the recent heavy rains. Mr. Eideleman
raised the issue, however, of the possibility of the pipe under Highland
Avenue being replaced altogether.
Glenn Yale asked if any timetable was given for the possible replacement and
Mr. Frederiksen replied it had not yet gone out to bid. Mr. McLaughlin
stated that the water is flowing and they would like to proceed. The State
work could take a long time and they would like to begin. Whatever takes
place as far as replacement of the drain pipe would not affect them. They
will maintain trash racks, etc. during construction and will construct an
access manhole for their project. They are anxious to begin. The Commission
will inspect the area and will communicate with the Moose subsequent to the
• inspection.
i
Minutes of Meeting--June 4, 1984 Page 6
• RAGONE
A complaint has been received from residents of Swampscott Road regarding
the type of fill material being placed on Mr. Ragone's property. It has
been ascertained that the material is coming from the power plant and there
is question as to whether it is toxic. DEQE has stopped the project and
Charles, Frderiksen has taken samples of the fill.
The proponent will provide test results of the fill material and the Com-
mission will also look into the matter further. A Cease and Desist is now
in effect on the project, so no more work will take place until the matter
can be resolved.
MINUTES
Upon the motion of Alice Akatyszewski and second of Raymond Lavender, the
minutes of the previous meeting were approved. It was so voted.
OLD BUSINESS
The adjudicatory hearing for Fafard will take place on Tuesday, June 12,
1984, at 10:00 a.m. Gerard Kavanaugh will attend on behalf of the Commission.
He would like some guidance from the board as to what is desired. Mr.
MacDowell felt the Order of Conditions speak for themselves. The Commission
• would like to retain control over the project and if an amendment to the
conditions allowing for appeal over each phase is needed, that would be
agreeable.
Mr. Moran noted that the Stuart Martin land issue is proceeding.
The Phoenix School has indicated a willingness to perform some maintenance
work in the Conservation Area in the Fall and a letter will be sent to them
acknowledging the Commission's support for this proposal.
Regarding the Legg's Hill Pond issue, upon the motion of Glenn Yale and
second of Raymond Lavender, some semblanc of level shall be maintained
on the pond until a resolution of the issue is achieved. It was so voted.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 10:30 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
i
i
f
• MINUTES OF MEETING
June 14, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, June 14, 1984. Present were Philip Moran, Alice
Akatyszewski, Raymond Lavender, James MacDowell, Glenn Yale, and Christopher
Hagger (8:15 p.m). Also present were Conservation Aide Charles Frederiksen and
City Planner Gerard Kavanaugh. Richard Femino and Associate Member Paul Willis
were absent.
The meeting was called to order at 8:04 p.m. by Chairman Philip Moran.
LEGG'S HILL POND
Chairman Philip Moran gave a brief summary of the discussion which took place at
our previous meeting regarding the issue of the pond known as Legg's Hill Pond. As
a result of sections of outlet pipe being removed from the end of the pond, the level
of the pond had dropped dramatically. As a temporary measure, the Conservation
Commission had ordered the placement of an earth dam to maintain the water level
in the pond until such time as the proper outlet pipe could be installed. There has
been some discussion as to what the actual level of the pond should be and the
discussion at our last meeting was continued until this evening so that a certain
legal and engineering aspects could be researched further.
Mr. Moran had researched the original deeds to the property and noted that
Marblehead purchased the pond some years ago, but it is located entirely within the
• boundaries of Salem. According to definitions noted in the wetlands regulations,
the area is defined as a pond and as such is subject to the protection of the
Conservation Commission under the Wetlands Protection Act. The Commission will
attempt this evening to define the isssues and reach an equitable solution to
determine the level of the pond which will protect wetlands vegetation in the area,
provide the aesthetics the neighbors of the area had believed were part of their
property, and satisfy the concerns of the Marblehead Water Department as well.
Mr. Dana Snow, Superintendent of the Marblehead Water and Sewer Department,
noted that the original 10" pipe that was set in the pond in 1923 was placed at a
certain invert elevation. When the Order of Conditions for the Vinin Square
Drainage Project was issued, a larger pipe (18" was ordered, 16" was installed) was
to be placed at the same invert elevation as the 10" pipe. He introduced Mr.
Charles Miller who is a consulting engineer for the Town of Marblehead.
Mr. Miller is from the firm of Haley and Ward. He noted the invert elevation of
the 10" pipe was 23.31.and the 16" pipe was 23.13. The pond surface presently is 27.4,
so the pond is now 4' above the invert of the drainage pipe.
Philip Moran asked why the original pipe was placed there and Mr. Miller replied
that this was done when their 14" water main was installed up Legg's Hill Road. The
10" pipe accomodated a brook which ran through the property.
•
Minutes of Meeting--June 14, 1984 Page 2
•
Philip Moran asked what the Town of Marblehead wished the Conservation
Commission to do and Mr. Snow replied that the feeling of the Water
Commissioners in Marblehead was that theand should be resored to its original
P g
level. This would mean a drop in the level of approximately four feet. He also
raised the issue of liability.
Philip Moran felt that the liability issue was not within the jurisdiction of the
Conservation Commission, but he also noted that he has never been aware of a
municipality being held liable for a drowning in a municipal water area. He added
that even if the pond level were lowered, the problem of liability would still exist.
The Conservation Commission must first consider the state law which governs this
wetland.
Glenn Yale asked when the last time Marblehead pumped from their well in the
area and Mr. Snow replied in 1954-55. He added that Marblehead had to work very
hard to maintain the elevation due to the accumulated debris and vandalism. Glenn
Yale asked if the level of the pond ever reached the level of the invert of the 10"
pipe and Mr. Snow replied he felt the level was maintained, but periodic damming
up of the pipe was allowed to happen to accomodate skaters, etc.
James MacDowell noted he had found the elevation of the pond to be 28.0 on
Wednesday, June 13. Mr. Miller had done his elevation calculations on Monday,
June 11. Mr. MacDowell noted that the Commission had in its possession a plan
which took the elevation of the pond in March of 1983 and placed it at 27.2. He
• raised the issue of whether the invert had changed and Mr. Snow felt that was a
possiblity. He added, however, that the drainage pipe at Vinnin Square lays 2'
higher. Mr. MacDowell noted that according to the Linden Avenue plan to which
he referred earlier, the outlet shows a high water mark stain at 27.5. This is fairly
clear evidence that the level of the pond was at this elevation for a prolonged
period of time. Mr. Snow felt this could be due somewhat to the continued
blockage problem.
James MacDowell felt it would be difficult to justify lowering the pond level by
three to four feet.
Chris Hagger raised the issue of water quality, which seemed to be of concern to
Marblehead at our last meeting. Mr. Snow stated that the consensus was now that
the elevation as it stands now would not affect water quality. Mr. Miller added,
however, that any further rise in the level could have a detrimental effect. Chris
then asked if there was no detrimental effect on water quality, what difference
would it make? Mr. Snow again raised the issue of liability. The Order of
Conditions issued in 1978 does set the invert elevation of the pipe at the same level
as the existing 10" pipe, therefore the level of the pond should be lower. Chris
Hagger felt he was not clear as to the liability issue and Mr. MacDowell added that
if any legal action was ever instituted, it would be "messy" as there are so many
owners of the property. Mr. Miller felt that whatever reason the pond elevation is
higher, some type of official sanction should be made.
Glenn Yale clarified the dam situation. It was done as a temporary measure to
• preserve the level of the water that is presently there until such time as a
determination could be made as to the appropriate level.
Minutes of Meeting--June 14, 1984 Page 3
• Mr. Miller further added that the Town of Marblehead has made a great deal of
effort to maintain that outlet pipe in the absence of any maintenance from Salem.
If any liability questions should arise, at least Marblehead could show that these
efforts had been made. He added that if the pond was lowered to the "proper"
level, there would actually be two small ponds.
Jim MacDowell noted that if the Town of Marblehead wishes to bring the level of
the pond down to four feet less than it is presently, it would clearly require a filing
of a Notice of Intent.
Attorney William Rendle, representing Mr. Mackey, asked what identifiable
vegetation existed in the pond area which needs protecting? If that vegetation
became established as a result of a recent rise in the level of the pond and
occurred due to a lack of maintenance of the outlet pipe by the City, he feels it
would fall into a different category than vegetation which exists as part of a
wetland. The increased elevation of the pond has taken some of Mr. Mackey's land
and he feels this loss of land should be addressed.
Jim MacDowell noted that we are not dealing with just wetlands vegetation--the
pond is defined in the Act as a resource area which is protected by the Wetlands
Protection Act. Vegetation is only one criterion. Also, the regulations make no
distinction as to whether the pond came into existence as a result of something
else. We must deal with it as it now exists. Mr. Rendle replied that the original
Order of Conditions created a balance of interests, which are not served equally at
• present.
Mr. Moran felt that negligence in maintenance was not a valid argument. He asked
if Mr. Mackey had an explanation as to why sections of pipe were removed and Mr.
Mackey replied that the sections that were removed were not part of the original
installation. They had been placed there by Marblehead in an effort to cut back on
the vandalism and when he went in there to clean out the pipe, his equipment
inadvertently dug up those additional lengths. Mr. Rendle added that if the City
had maintained the pipe as they were supposed to, this would not be a problem now.
Philip Moran noted that there is strong evidence that the level of the pond should
be 27.3. Glenn Yale added that we also have aerial photos of the pond taken in
1968 which showe pond at an equivalent level as presently.
Dana Snow asked if there were any plans available from the state which set the
appropriate level of the pond and Mr. MacDowell replied they had construction
drawings only--this is why there is such a dilemma. Glenn Yale asked what
benchmark Mr. Mackey used and Mr. Rendle replied he used the old 10" pipe as a
guide. This was explicitly explained in the Order of Conditions.
Attorney Gary Sackrider, representing residents of the neighborhood, asked Mr.
Miller if they had an topographical plans which showed the pond level being so low
as to create two small ponds and Mr. Miller replied in the negative. Some
•
• Minutes of Meeting--June 14, 1984 Page 4
discussion ensued as to the benchmarks used in calculating the invert elevations.
Mr. Miller noted that the top of the hydrants in the well fields were 21.41 and 17.44,
using "Marblehead base."
Mr. Sackrider asked if Marblehead felt there would be reduced liability if the level
of the pond was lower and Mr. Snow stated that by making the pond level higher,
the recreational aspects of the pond are enhanced.
Glenn Yale asked how Marblehead would feel about a level of approximately 27 or
so? Mr. Snow replied that some permanent type of structure would have to be
installed and he wondered who would bear the cost of this? Mr. MacDowell noted
that the City of Salem will design and build this structure and it would then be the
responsibility of the City of Salem to maintain. As to the mechanism of how this is
achieved regarding a Notice of Intent or a modification of the original order, this
has yet to be determined.
Upon the motion of Glenn Yale and second of Alice Akatyszewski, the City
Engineering will be requested to design and install an outlet structure which will
maintain the level of the pond at 27.3. It was so voted.
HEWITT--ORDER OF CONDITIONS (/164-103)
James MacDowell abstained from any participation in this project.
• Conservation Aide Charles Frederiksen visited the site this week and noted that
the only issue of any real concern ws the presence of debris--stumps, limbs, etc. on
the site. The proponent is willing to remove this as a condition of approval. Mr.
Frederiksen felt there should also be some erosion control employed on the bank
behind lot 345.
Upon the motion of Alice Akatyszewski and second of Christopher Hagger, the
Order of Conditions will be written referencing the plan presented, requiring that
all debris be removed, and that erosion control measure be employed behind lot
345. It was so voted.
RAGONE
A summary of the illegal fill which was found to be stored on Mr. Ragone's
property was read to the Board (attached hereto). It was noted that upon serving
the Cease and Desist order, Mr. Ragone voluntarily locked his gates and cooperated
fully with the Commission. The fill material came originally from New England
Power and there is positive evidence that it contains petrochemical and expert
opinion that it also contains coal ash. Both are unacceptable materials for a
wetland area.
•
• Minutes of Meeting--June 14, 1984 Page 5
MOOSE
Mr. William McLaughlin of the Moose Lodge was present to seek permission from
the Commission to begin work in the area away from where the culvert and manhole
are to be constructed. Differing opinions as to whether the pipe under Highland
Avenue has been cleaned or not have been received from the state DPW and this
will be researched further. It was noted, however, that a state DPW permit must
be obtained for the Commission's perusal before any construction or filling takes
place according to the Order of Conditions.
This matter will be taken under advisement and will be addressed at our first
meeting in July.
OLD BUSINESS
It was noted that Mr. Martin's land on Juiniper Cove will be appraised on Tuesday,
June 19, so the matter of the land donation should proceed after that time. Paul
Willis has promised the Conservation Trust information before our next meeting.
MINUTES
Upon the motion of Alice Akatyszewski and second of James MacDowell, the
minutes of June 4, 1984, 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.
Respectfully submitted,
Dale E. Yale
Clerk
•
Conservation Commission
Sabin. Massachusetts 01970
AGENDA--June 28, 1984 -
1. Gifford Russell--Discussion.
2. Maine Post and Beam--Discussion.
3. John Clayman and Sons--Discussion.
4. John Keane--Extension of Order of Conditions.
5. Ragone--Cease and Desist Order.
6. Approval of 6/14/84 Minutes.
7. New Business/Old Business.
MINUTES OF MEETING
• June 28, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, June 28, 1984. Present were Philip Moran, Glenn
Yale, James MacDowell, Alice Akatyszewski, and Christopher Hagger. Also
present were Conservation Aide Charles Frederiksen and City Planner Gerard
Kavanaugh. Raymond Lavender, Richard Femino, and Associate Member Paul
Willis were absent.
The meeting was called to order at 7:35 p.m.by Chairman Philip Moran.
GIFFORD RUSSELL--FRANKLIN STREET
Chairman Moran noted that at our last meeting this issue was taken off the agenda
because the requested plans did not arrive until that evening. Since that time the
plans submitted have been studied by the members of the Commission and we are
hopeful of arriving at some sort of consensus as to how best to handle the situation.
James MacDowell noted that he and Charles Frederiksen had visited the site
recently and found evidence of unacceptable fill material. His first
recommendation would be that the cable, bricks, pipes, etc. be removed from the
site. He would like to see the surface of the fill cleaned. Secondly, if the
Commission s n acce is the fill as it is presently located, as a future means of
monitoring, he would suggest that the plan be prepared to Registry standards with
• dimensions from Franklin Street out to the top of the slope shown on the plan. The
plan_should_then be registered and a copy of that plan submitted to the
Commission. Glenn Yale concurred with this proposal, noting that this is the only
way we can be assured any changes have not taken place for future reference.
James MacDowell outlined the proposal for Sally Byors who wishes to purchase the
property: 1. The most recent plan is to be brought up to Registry standards and
should show dimensions from the right of way on Franklin Street to the slope at 40,
intervals; 2. All unacceptable fill material shall be removed from the site within
thirty working days. A copy of the recorded plan shall be submitted to the
Commission within that time as well.
Charles Frederiksen asked if the Commission wished to do anything with the.bank
and the consensus was the slope was fine.
Following the arrival of Chris Hagger and Alice Akatyszewski, a brief re-cap of the
above was given and, upon the motion of Glenn Yale and second of Alice
Akatyszewski, the above policy was adopted. It was so voted.
It was noted that the Cease'and Desist Order will be lifted upon compliance with
all the conditions requested above.
•
i 1
Minutes of Meeting--June 28, 1984 Page 2
• MAINE POST AND BEAM
City Planner Gerard Kavanaugh stated that the Planning Board has recently
completed deliberations on a cluster subdivision for Tedesco Pond in Vinnin Square.
According to the Zoning Ordinance, a provision must be made for the open space on
the property. The developer must either deed a portion of the open space to the
City or place that land in the custody of a trust or corporation with the stipulation
that limited access be provided to such open space. Mr. Kavanaugh noted that this
was the first time that the second option was chosen by a developer and the
mechanism for providing this limited access was never spelled out in the ordinance.
Therefore, the Planning Department and the developer prepared a preliminary plan
for the Commission's perusal. It has been suggested to the Planning Board that the
Conservation Commission be provided with the authority to grant to organized
groups, permission to use the common area (including the pond) for nature walks
and skating. The Conservation Commission would set forth the provision that the
land could be used for a maximum of 36 days per year. He also suggested that in
order to do this, twice per year, at the expense of the homeowners association, in
February and September, an advertisement be placed in the Salem Evening News
advertising applications being accepted for limited access. Interested
organizations could fill out an application at the Planning Department and the
Conservation Commission could hold a public hearing and then, according to
certain criteria, permission could be granted and a calendar set up for the year.
Mr. Kavanaugh noted that if the Conservation Commission was comfortable with
• this, it would be up to the developer to come up with a plan which the Conservation
Commission felt was acceptable and workable.
Glenn Yale asked how the 36 day figure was arrived at and Mr. Kavanaugh replied
it was relatively arbitrary, taking into account the amount of days when foliage
would be at peak in the fall for nature walks and when it would be cold enough for
ice skating in the winter. This was in no way a firm figure--the Commission was
free to make any changes it wished. Carl Gardner of Maine Post and Beam felt the
36-day figure was a reasonable one.
Jim MacDowell felt there were some problems with the proposal: Do we as a
Commission wish to become a permit granting authority for the City? Secondly,
the implied liability could be a problem. Philip Moran felt the liability issue was a
very remote possibility. Jim MacDowell asked if any insurance company had
addressed this question as yet and Mr. Gardner replied that the homeowners
association would have the appropriate liability insurance. He added that
regardless of the use, liability would be an issue, so steps will be taken to provide
adequate insurance coverage. Mr. MacDowell felt some evidence should be
presented to the Commission from the developer's insurer.
•
Minutes of Meeting--June 28, 1984 Page 3
• Jim MacDowell also felt there was a logistical question involved, and Philip Moran
agreed, noting however that we probably should give it a try--the ordinance calls
for this type of plan to be implemented.
Chris Hagger felt the whole issue was not feasible. Mr. Kavanaugh replied he was
not particularly comfortable with the proposal; however, it is a requirement of the
ordinance. Hopefully, in the future, the ordinance can be amended to provide for a
more workable arrangement.
Jim MacDowell suggested that the proposal be accepted in principle and a working
session be held to work out the criteria in detail. Carl Gardner added that the
Conservation Commission would have a great deal of administrative leeway in
governing this proposal.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
Conservation Commission accepts the proposal of the Planning Department to
administer the limited use of Tedesco Pond contingent upon the development of a
complete plan for that administration. It was so voted, four in favor, one opposed.
CLAYMAN
P. Clayman and Sons, located on Grove Street adjacent to the North River,
recently wished to install water meters at their factory. At that time, it was
noted by the Water Department that air-conditioning water was being pumped
directly into the North River. The Water Department refused to install the meters
4. •. _until_the.Conservation Commission made a determination as to whether this water
was having a detrimental effect on the river.
Charles Frederiksen has asked the opinion of several engineers on this issue. The
City Engineer felt the water would be colder and technically would be a violation of
the Wetlands Protection Act.
Chris Hagger asked what the quantities being placed in the river were and Mr.
Frederiksen replied there were two 1" pipes continually pumping during the warm
weather. Chris asked if it appeared to be clean water and Mr. Frederiksen replied
in the affirmative. Chris Hagger felt that further investigation should be made as
to what actually is being placed in the river. From an environmental impact
standpoint, the differing temperatures could have some effect. A storage tank
would be desirable.
Following further discussion, Charles Frederiksen will obtain additional data
regarding the quantities and temperature of the water and perhaps the Commission
will require some testing. It was felt an abbreviated Notice of Intent might be
required to place some conditions on the proponent. This will be discussed further
at our next meeting.
•
Minutes of Meeting—June 28, 1984 Page 4
• KEANE--EXTENSION OF ORDER OF CONDITIONS (#64-93)
Upon the motion of James MacDowell and second of Glenn Yale, a six-month
extension was granted to Mr. Keane. It was so voted.
RAGONE
This issue is regarding the fill material which has been placed on Mr. Ragone's
property which the Commission had previously ordered removed. It was felt that, -
based on testing done by Sea Plantations, the fill was unacceptable for a watershed
area. Mr. Ragone had received the fill from New England Power's contractor,
Fluor, who assured him the fill material was "clean." Mr. John Webster of Fluor
was present to discuss some independent testing they performed on the fill, both at
New England Power and at Mr. Ragone's site on Swampscott Road. He introduced
Mr. James Okun of GZA, a consulting firm, who presented some test results of
samples taken both at New England Power and at the site (attached hereto).
Mr. Okun gave a detailed presentation of the type of testing performed and the
methodology of obtaining the samples. It was noted that the samples taken from
the Ragone property were composite samples. Further, Mr. Okun noted that the
samples were taken at the direction of the Conservation Aide in areas which were
felt to be "worst cases."
In response to a question from Glenn Yale, Mr. Okun stated that DEQE had set a
limit of 3-5% concentration of petrochemical. However, this did not apply to
• wetlands. Charles Frederiksen added that DEQE hada policy only for wetland areas
of fi of l%petrochemical content.
Glenn Yale asked if Mr. Webster was familiar with the area in question—it was a
very sensitive area. Mr. Webster replied he was familiar with the site.
Philip Moran noted that the samples taken at the site contained 4Y: times more
petrochemical than those taken at New England Power. Mr. Okun felt that was due
to the methodology of the sampling. Those on the site were worst case and not
necessarily representative of the fill.
Christopher Hagger felt that the Commission had enough preliminary information
that this material should not be placed in a watershed area. It is obviously not
clean fill. James MacDowell agreed. Philip Moran felt that it is clear that perhaps
the fill is not illegal or hazardous, but it is inappropriate for a watershed area.
Glenn Yale agreed 100%.
Rick Ragone asked what the purpose of the settling basin put in the original Order
of Conditions served and it was noted that this would hopefully improve conditions
downstream, but the Order of Conditions did call for clean fill.
•
Minutes of Meeting--June 28, 1984 Page 5
• Upon the motion of Christopher Hagger and second of Alice Akatyszewski, the fill
material must be removed from the site within a two-week period. It was so voted.
Mr. Webster asked if the Commission had any suggestions as to where the fill could
go and Mr. Moran replied that any landfill site outside of a wetland area would be
appropriate.
MINUTES
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
minutes of the previous meeting were approved. It was so voted.
NEW BUSINESS
Glenn Yale noted that City Planner Gerard Kavanaugh will be making some
recommendations regarding the Commission in the near future based on his
attendance at thelast few meetings.
Philip Moran presented the Commission with a copy of a court case which ruled
that any subcommittee meetings of Boards and Commissions not advertised and
publicly held are in violation of the Open Meeting Law. It was felt a copy of this
case should be sent to the City Solicitor for his information.
James MacDowell raised the possibility of the Conservation Commission being the
governing body for the Wetlands/Flood Hazard Special Permit rather than the
- •: Planning-Board. Further, he raised the possibility of a fee system being established
which could subsequently fund some consultant services if needed. Gerard
Kavanaugh will look into this possibility.
OLD BUSINESS
The appraisal for Stuart Martin's property is in process and Charles Frederiksen
will call David Hark regarding this shortly and report back to the Commission.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 9:20 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
• MINUTES OF MEETING
July 12, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, July 12, 1984. Present were Christopher Hagger,
Glenn Yale, Raymond Lavender, James MacDowell, and Alice Akatyszewski. Also
present were City Planner Gerard Kavanaugh and Conservation Aide Charles
Frederiksen. Philip Moran, Richard Femino, and Associate Member Paul Willis
were absent.
The meeting was called to order at 7:35 by Vice-chairman Glenn Yale.
WINTER ISLAND YACHT YARD
Two letters (attached hereto) from attorneys representing Mr. and Mrs. Pelletier of
Winter Island Road and Peter Hayward of Hayward's Boatyard were read for the
record.
Attorney Francis Mayo, 30 Federal Street, representing the Pelletiers, noted that
his clients have no intention of harassing anyone, they feel they have a reasonable
complaint. They have reason to believe that illegal fill has been placed in the cove
on the Hayward Boatyard property. Several neighbors have concurred. He also
raised the issue of a retaining wall on the easterly side of the Pelletier's property
which is crumbling and several boulders have fallen on the Pelletier's property. Mr.
Mayo showed an aerial photograph which he felt showed that a great deal of fill had
• been placed on the waterfront.
James MacDowell asked what the date of the photographs was and Mr. Mayo _
replied they were taken in 1964. Mr. MacDowell asked if there were any more
recent photographs and Mr. Mayo replied in the negative.
Attorney William Lundregan, 221 Essex Street, representing Mr. Hayward, noted
that this evening's meeting was an informal discussion. He stated that Mr. Cahill
formerly owned the boatyard (since 1920) and was not available this evening.
However, Mr. Lundregan recently appeared before the Board of Appeal on an
ancillary matter and Mr. Cahill confirmed at that time that the configuration of the
boatyard was the same today as it was in the 1940's, with the exception of the
culvert which is not owned by Mr. Hayward. The last expansion of the boatyard
was in 1947 when two tons of gravel was placed in the area. No expansion has been
done since that time. Mr. Lundregan felt there were three issues that were to be
addressed: 1. Regarding the retaining wall on the boundary of the Pelletier's
property. Mr. Hayward agrees that some boulders have fallen from the wall on to
the Pelletier's property. They will remove the stones forthwith. They are prepared
to come before the Commission for permission to construct a new retaining wall.
They feel this will help the problem considerably.
Glenn Yale asked when the retaining wall was built originally and Mr. Hayward
replied it was built in 1964. Nothing has been added since that time. He added that
the area in question is a relatively small area.
•
• Minutes of Meeting--July 12, 1984 Page 2
Jim MacDowell asked if there were any outstanding licenses from the Corps of
Engineers or the Division of Waterways and Mr. Hayward replied in the negative.
Mr. Lundregan added that some repair was done to the wall following the blizzard
of 1978 and approval was received for that repair. Jim MacDowell suggested that
the Division of Waterways be contacted to make sure that there are no outstanding
licenses. Peter Hayward stated that the only work he has done on the site is to
replace some wooden sleepers. He added some lin-pak to the area.
Mrs. Louise Pelletier, an abuttor to the boatyard stated that it took years for Mr.
Cahill to bring in truckloads of fill in to the boatyard. She and several of her
neighbors have noticed dramatic changes in the configuration of the yard over the
years. Several letters from neighbors were read for the record by the vice-
chairman.
Mr. Lundregan stated there were several abuttors who would refute that claim. He
did not ask them to be present this evening as he was under the impression it was
an informal meeting. However, several neighbors were present at the recent Board
of Appeal meeting to speak in favor of Mr. Hayward's petition. Mr. Hayward added
that his storage capacity of boats has not increased dramatically since 1970. He is
prepared to remove the rocks which have fallen on to the Pelletier's property.
A second issue is an inlet which contains a pipe placed by SESD several years ago.
Mrs. Pelletier claims that the inlet has been filled. She showed a photograph to the
Board which depicts a structure on that property. Mr. Lundregan noted that in the
• late 1970's SESD extended their outfall line and this was the result. Dr. Hugh
Mulligan, a consultant speaking on behalf of Mr. Hayward, noted that there is an _
easement for SESD to place a 66" pipeline 10' below the top of the road. Work was
completed on this in 1977. In 1980, neighbors complained of experiencing drainage
problems and former City Engineer Anthony Fletcher went to SESD for permission
to place a drain and extend the pipe to 161. This was done--a 12" or 16" storm drain
was placed and the pipe was actually extended to 20' and filled in. In 1982, the pipe
was still not draining properly, so the City hired Mackey Construction to extend
the pipe to 801. The area was then filled in and brought up to the grade of the
boatyard. Mrs. Pelletier claimed that the area was not filled in in 1982. Glenn
Yale asked about the structure located in that area and Mr. Hayward replied that it
was a temporary structure and it is actually located on a Mrs. Jebb's property and
she had given permission for Mr. Hayward to use the site.
Charles Frederiksen stated that there have been no Requests for Determination of
Applicability or Notices of Intent filed on the property. Mr. Cahill came before
the Planning Board for the repair work he needed to do as a result of storm damage
in 1978. The Engineering Department never filed any Notice of Intent for any work
done on that site. Copies will be requested of any SESD records.
A neighbor of the area noted that up until two years ago there was a right of way
there and now Mr. Hayward has filled the area and erected a fence. Mr. Hayward
replied there was always a fence there. SESD built a new fence from the Jebb's
fence to the picket fence erected by Mr. Cahill. Dr. Mulligan added that he spoke
•
• Minutes of Meeting--July 12, 1984 Page 3
with Mr. Mackey and he said the work was done under the supervision of former
City Engineer Fletcher. The contract called for extending the pipe and rip-rapping
the top.
Mrs. Pelletier claimed that Mr. Hayward had constructed a new pier without
benefit of permit and Mr. Hayward noted that the photograph dated 1977 shows the
same as exists today. The 1964 aerial also shows the same pier.
Glenn Yale noted that Mr. Hayward has indicated his willingness to remove the
rocks on the Pelletier's property. Regarding the pier, Mr. Hayward has a right to
maintain the pier. Attorney Mayo would like the Commission to investigate further
the matter of the configuration of the boatyard and the shoreline being changed.
He feels there has been substantial changes and a great deal of fill has been placed '
there. James MacDowell suggested the matter be taken under advisement and the
site be inspected prior to our next meeting.
Glenn Yale asked when Mr. Hayward will submit a Notice of Intent for the repair
to the retaining wall and Mr. Hayward replied he hopes to as soon as time and funds
permit. Jim MacDowell urged Mr. Hayward to begin the permit process early.
Mr. Mayo reiterated his concern for the configuration change in the boatyard and
Vice-chairman Yale encouraged the Commission members to inspect the area. Mr.
Lundregan stated he feels the configuration has not changed.
• CONSERVATION AIDE REPORT
Charles Frederiksen noted that upon inspection of the Ragone site, he found the fill
had been removed. Upon the motion of James MacDowell and second of Raymond
Lavender, the Cease and Desist order was lifted. It was so voted.
Regarding Legg's Hill Pond, City Planner Gerard Kavanaugh noted the City
Engineer felt the design and funding for a new control structure was not his
department's responsibility. Following some discussion, upon the motion of James
MacDowell and second of Raymond Lavender, Mr. Kavanaugh will speak with the
Mayor regarding the possibility of supplemental funding for a structure for Legg's
Hill Pond. It was so voted. Further, input will be provided to the City Engineer
from the Commission as to the design of the structure.
Regarding Clayman and the matter of the discharge of air-conditioning water into
the North River, Mr. Frederiksen reported that he visited the site with Health
Agent Robert Blenkorn and two air-conditioning units were discharging directly
into the North River. It is clearly air-conditioning water only. Chris Hagger
stated he would prefer to see any discharges go into a drain which will ultimately go
into the sewer system. Upon the motion of Chris Hagger and second of Alice
Akatyszewski, a letter will be sent to Mr. Clayman stating that the Commission is
not in favor of any discharge into the North River. It was so voted. A survey will
be made of the other buildings on the river to ascertain everyone complies.
•
• Minutes of Meeting--July 12, 1984 Page 4
NEW BUSINESS
A letter from Richard Femino resigning from the Commission was read for the
record. His resignation was accepted with regret. Efforts will be made to find a
qualified candidate to replace him as soon as possible and it was suggested a news
release in the Salem paper be placed looking for volunteers who may wish to serve
on the Commission.
OLD BUSINESS
The assessment of the Juniper Cove property which is to be donated to the
Commission will take place this week.
MINUTES
Upon the motion of James MacDowell and second of Raymond Lavender, the
minutes of June 28, 1984, 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 9:08 p.m.
Respectfully submitted,
•
Dale E. Yale _
Clerk
•
• MINUTES OF MEETING
July 12, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, July 12, 1984. Present were Christopher Hagger,
Glenn Yale, Raymond Lavender, James MacDowell, and Alice Akatyszewski. Also
present were City Planner Gerard Kavanaugh and Conservation Aide Charles
Frederiksen. Philip Moran, Richard Femino, and Associate Member Paul Willis
were absent.
The meeting was called to order at 7:35 by Vice-chairman Glenn Yale.
WINTER ISLAND YACHT YARD
Two letters (attached hereto) from attorneys representing Mr. and Mrs. Pelletier of
Winter Island Road and Peter Hayward of Hayward's Boatyard were read for the
record.
Attorney Francis Mayo, 30 Federal Street, representing the Pelletiers, noted that
his clients have no intention of harassing anyone, they feel they have a reasonable
complaint. They have reason to believe that illegal fill has been placed in the cove
on the Hayward Boatyard property. Several neighbors have concurred. He also
raised the issue of a retaining wall on the easterly side of the Pelletier's property
which is crumbling and several boulders have fallen on the Pelletier's property. Mr.
Mayo showed an aerial photograph which he felt showed that a great deal of fill had
• been placed on the waterfront.
James MacDowell asked what the date of the photographs was and Mr. Mayo
replied they were taken in 1964. Mr. MacDowell asked if there were any more
recent photographs and Mr. Mayo replied in the negative.
Attorney William Lundregan, 221 Essex Street, representing Mr. Hayward, noted
that this evening's meeting was an informal discussion. He stated that Mr. Cahill
formerly owned the boatyard (since 1920) and was not available this evening.
However, Mr. Lundregan recently appeared before the Board of Appeal on an
ancillary matter and Mr. Cahill confirmed at that time that the configuration of the
boatyard was the same today as it was in the 1940's, with the exception of the
culvert which is not owned by Mr. Hayward. The last expansion of the boatyard
was in 1947 when two tons of gravel was placed in the area. No expansion has been
done since that time. Mr. Lundregan felt there were three issues that were to be
addressed: 1. Regarding the retaining wall on the boundary of the Pelletier's
property. Mr. Hayward agrees that some boulders have fallen from the wall on to
the Pelletier's property. They will remove the stones forthwith. They are prepared
to come before the Commission for permission to construct a new retaining wall.
They feel this will help the problem considerably.
Glenn Yale asked when the retaining wall was built originally and Mr. Hayward
replied it was built in 1964. Nothing has been added since that time. He added that
the area in question is a relatively small area.
•
f�
• Minutes of Meeting--July 12, 1984 Page 2
Jim MacDowell asked if there were any outstanding licenses from the Corps of
Engineers or the Division of Waterways and Mr. Hayward replied in the negative.
Mr. Lundregan added that some repair was done to the wall following the blizzard
of 1978 and approval was received for that repair. Jim MacDowell suggested that
the Division of Waterways be contacted to make sure that there are no outstanding
licenses. Peter Hayward stated that the only work he has done on the site is to
replace some wooden sleepers. He added some lin-pak to the area.
Mrs. Louise Pelletier, an abuttor to the boatyard stated that it took years for Mr.
Cahill to bring in truckloads of fill in to the boatyard. She and several of her
neighbors have noticed dramatic changes in the configuration of the yard over the
years. Several letters from neighbors were read for the record by the vice-
chairman.
Mr. Lundregan stated there were several abuttors who would refute that claim. He
did not ask them to be present this evening as he was under the impressi6n it was
an informal meeting. However, several neighbors were present at the recent Board
of Appeal meeting to speak in favor of Mr. Hayward's petition. Mr. Hayward added
that his storage capacity of boats has not increased dramatically since 1970. He is
prepared to remove the rocks which have fallen on to the Pelletier's property.
A second issue is an inlet which contains a pipe placed by SESD several years ago.
Mrs. Pelletier claims that the inlet has been filled. She showed a photograph to the
• Board which depicts a structure on that property. Mr. Lundregan noted that in the
late 1970's SESD extended their outfall line and this was the result. Dr. Hugh
Mulligan, a consultant speaking on behalf of Mr. Hayward, noted that there is an
easement for SESD to place a 66" pipeline 10' below the top of the road. Work was
completed on this in 1977. In 1980, neighbors complained of experiencing drainage
problems and former City Engineer Anthony Fletcher went to SESD for permission
to place a drain and extend the pipe to 161. This was done--a 12" or 16" storm drain
was placed and the pipe was actually extended to 20' and filled in. In 1982, the pipe
was still not draining properly, so the City hired Mackey Construction to extend
the pipe to 801. The area was then filled in and brought up to the grade of the
boatyard. Mrs. Pelletier claimed that the area was not filled in in 1982. Glenn
Yale asked about the structure located in that area and Mr. Hayward replied that it
was a temporary structure and it is actually located on a Mrs. Jebb's property and
she had given permission for Mr. Hayward to use the site.
Charles Frederiksen stated that there have been no Requests for Determination of
Applicability or Notices of Intent filed on the property. Mr. Cahill came before
the Planning Board for the repair work he needed to do as a result of storm damage
in 1978. The Engineering Department never filed any Notice of Intent for any work
done on that site. Copies will be requested of any SESD records.
A neighbor of the area noted that up until two years ago there was a right of way
there and now Mr. Hayward has filled the area and erected a fence. Mr. Hayward
replied there was always a fence there. 5 '
P y ESD built a new fence from the Jebb s
fence to the picket fence erected by Mr. Cahill. Dr. Mulligan added that he spoke
•
• Minutes of Meeting--July 12, 1984 Page 3
with Mr. Mackey and he said the work was done under the supervision of former
City Engineer Fletcher. The contract called for extending e and rip-rapping
n
g
the top.
Mrs. Pelletier claimed that Mr. Hayward had constructed a new pier without
benefit of permit and Mr. Hayward noted that the photograph dated 1977 shows the
same as exists today. The 1964 aerial also shows the same pier.
Glenn Yale noted that Mr. Hayward has indicated his willingness to remove the
rocks on the Pelletier's property. Regarding the pier, Mr. Hayward has a right to
maintain the pier. Attorney Mayo would like the Commission to investigate further
the matter of the configuration of the boatyard and the shoreline being changed.
He feels there has been substantial changes and a great deal of fill has been placed
there. James MacDowell suggested the matter be taken under advisement and the
site be inspected prior to our next meeting.
Glenn Yale asked when Mr. Hayward will submit a Notice of Intent for the repair
to the retaining wall and Mr. Hayward replied he hopes to as soon as time and funds
permit. Jim MacDowell urged Mr. Hayward to begin the permit process early.
Mr. Mayo reiterated his concern for the configuration change in the boatyard and
Vice-chairman Yale encouraged the Commission members to inspect the area. Mr.
Lundregan stated he feels the configuration has not changed.
• CONSERVATION AIDE REPORT
Charles Frederiksen noted that upon inspection of the Ragone site, he found the fill
had been removed. Upon the motion of James MacDowell and second of Raymond
Lavender, the Cease and Desist order was lifted. It was so voted.
Regarding Legg's Hill Pond, City Planner Gerard Kavanaugh noted the City
Engineer felt the design and funding for a new control structure was not his
department's responsibility. Following some discussion, upon the motion of James
MacDowell and second of Raymond Lavender, Mr. Kavanaugh will speak with the
Mayor regarding the possibility of supplemental funding for a structure for Legg's
Hill Pond. It was so voted. Further, input will be provided to the City Engineer
from the Commission as to the design of the structure.
Regarding Clayman and the matter of the discharge of air-conditioning water into
the North River, Mr. Frederiksen reported that he visited the site with Health
Agent Robert Blenkorn and two air-conditioning units were discharging directly
into the North River. It is clearly air-conditioning water only. Chris Hagger
stated he would prefer to see any discharges go into a drain which will ultimately go
into the sewer system. Upon the motion of Chris Hagger and second of Alice
Akatyszewski, a letter will be sent to Mr. Clayman stating that the Commission is
not in favor of any discharge into the North River. It was so voted. A survey will
be made of the other buildings on the river to ascertain everyone complies.
•
J
• Minutes of Meeting--July 12, 1984 Page 4
NEW BUSINESS
A letter from Richard Femino resigning from the Commission was read for the
record. His resignation was accepted with regret. Efforts will be made to find a
qualified candidate to replace him as soon as possible and it was suggested a news
release in the Salem paper be placed looking for volunteers who may wish to serve
on the Commission.
OLD BUSINESS
The assessment of the Juniper Cove property which is to be donated to the
Commission will take place this week.
MINUTES
Upon the motion of James MacDowell and second of Raymond Lavender,'the
minutes of June 28, 1984, 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 9:08 p.m.
Respectfully submitted,
•
Dale E. Yale
Clerk
•
• MINUTES OF MEETING
July 26, 1984
The Salem Conservation Commission met at One Salem Green second floor
conference room, on Thursday, July 26, 1984. Present were Philip Moran, Alice
Akatyszewski, Raymond Lavender, James MacDowell, and Curtis Hussey. Also
present were Conservation Aide Charles Frederiksen and City Planner Gerard
Kavanaugh.
The meeting was called to order at 7:35 p.m. by Chairman Philip Moran.
NEW MEMBER
Chairman Philip Moran opened the meeting by welcoming our new member Curtis
Hussey to the board. Mr. Hussey was recently appointed to replace Richard
Femino. A copy of a letter sent to the Council from Mayor Salvo nominating Mr.
Hussey was read for the record.
DETERMINATION OF APPLICABILITY--RICHDALE, BRIDGE STREET
Chairman Moran read the notice of the Determination and noted he had been
contacted by Attorney Gregory Demakis on behalf of Richdale. They were unaware
they had to appear before the Commission and would very much like to open their
store on July 27.
• Attorney Demakis stated that the store is ready to open on July 27 and no one
informed him of the need to appear before the Conservation Commission. The
Building Inspector and Fire Department have issued their permits and the City
Council has issued a license for storage tanks for the fueling operation. Three
weeks ago it came to his attention that there was a wetland area involved and he
immediately filed a request for Determination.
Mr. Arthur Bouras, manager of the store, felt he had obtained all the necessary
permits. He was not told he needed to appear before the Conservation Commission
but now is present and would like to clear up all the necessary questions so he may
open tomorrow. He added he felt the installation of the new tanks would improve
the site and his operation will be top notch and an improvement to the area.
Conservation Aide Charles Frederiksen confirmed that Mr. Bouras has been
cooperative.
Glenn Yale asked if the site is within the 100-year floodplain and Mr. Frederiksen
replied that part of the parking lot is within that area, but the remainder of the
site, including the store and the storage tanks is in the 500-year flood plain.
However, the lot does drain into Beverly Harbor. Further, DEQE has determined
that a monitoring well must be installed on the site which they have done.
Glenn Yale asked if buoyancy calculations were done on the storage tanks and Mr.
Bouras replied that when the new tanks were installed they were placed on concrete
•
• Minutes of Meeting--July 26, 1984 Page 2
pads and more concrete was added above the tanks. He felt they were very
securely anchored. Glenn Yale asked the size of the tanks and Mr. Bouras replied
that two tanks totalling 31,000 gallon capacity. Glenn Yale noted that he felt there
was a potential that the tanks could pop up. Mr. Bouras felt this was unlikely.
Jim MacDowell felt the installation as described by Mr. Bouras was accepted
engineering practice; however, factor of safety calculations should be submitted.
Charles Frederiksen stated the lot does slope so there would be no puddling of
water.
Jim MacDowell felt there could be a problem in a high tide storm event such as the
1978 blizzard.
Glenn Yale asked if the tanks were filled presently and Mr. Bouras replied in the
affirmative. Mr. Yale felt strongly that calculations should be submitted to the
Commission for their perusal. We would like uplift and factor of safety
calculations. Mr. Bouras will submit these to Charles Frederiksen prior to our next
meeting and the Commission will determine the applicability of the work.
Upon the motion of Alice Akatyszewski and second of Glenn Yale, the matter will
be continued until our next meeting. It was so voted.
WINTER ISLAND YACHT YARD
• Raymond Lavender noted he had inspected the site today and based on his past
knowledge of the area, he saw very little change in the area. There is some
levelling on the seaward side.
Charles Frederiksen added that there were no outstanding permits from the
Division of Waterways for either Mr. Hayward or Mr. Cahill, the previous owner.
He also spoke with Mr. Grinnell of SESD and there are no plans available for the
pipe installation.
Jim MacDowell noted that any encroachment of fill was due to the failure of the
bulkhead and Mr. Hayward has indicated he will replace this.
Following some further discussion, the consensus of the Board was to do nothing
until plans are submitted for repair work.
Upon the motion of James MacDowell and second of Raymond Lavender, the
matter was tabled. It was so voted.
RIVERVIEW ROAD
Conservation Aide Charles Frederiksen stated that three lots which border.the
Forest River Conservation Area, owned by the City, have been requested to be
sold. Riverview Road is essentially a paper street, so there is no sufficient
frontage for building on the sites without completing the road, sewers, etc.
•
• Minutes of Meeting--July 26, 1984 Page 3
One of the abuttors to the property would like to purchase it for a buffer.
Philip Moran felt if all they wanted was a buffer, conservation easements could be
put on the land to preserve it. A letter to this effect will be sent to the Chairman
of the Community Development committee of the City Council.
CLAYMAN
Charles Frederiksen noted that Mr. Clayman is still discharging water from his air-
conditioners into the North River despite a letter from the Commission requesting
he discharge into the sewer system instead. A second letter will be sent to Mr.
Clayman addressing this matter.
MINUTES
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
minutes of the previous meeting were approved. It was so voted.
OLD BUSINESS
David Hark will be performing the assessment of Mr. Martin's property this week
and Philip Moran will prepare a deed. Mr. Hark noted that it was difficult to
estimate the value of the property.
• NEW BUSINESS
A letter from New England Power Company describing their proposed herbicide
spraying program was read for the record. Local commissions have no jurisdiction
over this operation.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 8:35 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
r
MINUTES OF MEETING
September 13, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, September 13, 1984. Present were Alice
Akatyszewski, Christopher Hagger, James MacDowell, Raymond Lavender, and
Glenn Yale. Also present were Conservation Aide Charles Frederiksen and City
Planner Gerard Kavanaugh. Philip Moran and Curtis Hussey were absent.
The meeting was called to order at 7:35 p.m. by Vice-chairman Glenn Yale.
PUBLIC HEARING--HAMBLET AND HAYES--CONSTRUCTION OF PUMP
STATION AND FORCE MAIN
Vice-chairman Glenn Yale read the notice of the public hearing. Mr. Thomas
Andruskiewicz of Hamblet and Hayes and Mr. John Dick of Hancock Survey were
present to give the Commission an overview of the proposed plan. Mr.
Andruskiewicz noted that a brief outline of their proposal was presented to the
Commission in April. They wish to construct a sewer line out to the City sewer
together with constructing a pre-treatment plant on their premises which are within
the buffer zone. They wish to tie in both their sanitary sewer facilities and the
industrial waste generated by their business. There are four sources of sanitary
waste on the site. Presently, their industrial waste is trucked directly to SESD, but
this will no longer be acceptable according to new regulations governing SESD
waste.
James MacDowell asked if their waste will be classified as a hazardous waste
following pre-treatment and Mr. Andruskiewicz replied that once the pre-treatment
takes place, the waste will meet SESD standards. He added that their waste
consisted mostly of chromium, aluminum, and some lead. In response to a question
from Glenn Yale, Mr. Andruskiewicz also presented the board a copy of their SESD
permit. ,
Jim MacDowell noted that the SESD permit has several conditions attached to it
which could also be made part of our Order of Conditions.
Chris Hagger asked what kind of emergency plan they had formulated for power
outages and Mr. Andruskiewicz replied their tank would store three to four days of
waste and the ejector pump they propose could be activated by a generator.
Chris Hagger asked what material they plan to use to construct the lines and Mr.
Andruskiewicz replied they would be using PVC pipe.
Jim MacDowell asked what erosion control procedures they intended to employ and
Mr. Dick replied they will do whatever is necessary to protect the wetland. They
will provide hay bales and store stockpiled materials on the paved area away from
the wetland. The area slopes "gently" toward the marsh. Mr. MacDowell felt that
an erosion control and stockpiled materials plan should be submitted to the
Commission for approval prior to commencement of construction.
r r
• Minutes of Meeting--Septembver 13, 1984 Page 2
Glenn Yale asked how deep they plan to excavate and Mr. Andruskiewicz replied
they will excavate to a depth of five feet. Glenn Yale asked if they intend to pave
over the area following construction and Mr. Andruskiewicz replied in the
affirmative.
Chris Hagger asked what contingency plans they had for any blockages or breaks in
lines and Mr. Andruskiewicz replied they would haul away the industrial waste for
treatment. Chris Hagger asked what types of volumes were involved and Mr.
Andruskiewicz replied they anticipate 1500 gallons per day of domestic waste per
day and 1800 gallons of industrial in an extreme conditions. All the solids will be
settled out.
Glenn Yale asled what precipitated the design of this project and Mr.
Andruskiewicz replied the cost of disposal is prohibitive and they can no longer
truck the settled solids for disposal at SESD.
Chris Hagger asked where the sampling spots will be located and Mr.
Andruskiewicz replied this has not been determined as yet. This will be included in
the pre-treatment engineering. Jim MacDowell felt it was important that the
Commission receive copies of all reports pertaining to the project and Mr.
Andruskiewicz concurred.
Chris Hagger asked were the sludge will be disposed and Mr. Andruskiewicz replied
they will truck it to a landfill where it will be accepted--this has not as yet been
• determined. Mr. Hagger added he felt it would be helpful to have a copy of the
Operations and Maintenance manual and Mr. Dick noted that the details of the
application guarantee the right of review. He added that the time frame will be of
some importance. They anticipate having the draft manual ready by December or
January.
Upon the motion of Jim MacDowell and second of Alice Akatyszewski, this hearing
will be continued until after the second public hearing is held. It was so voted.
PUBLIC HEARING--HAMBLET AND HAYES--PROPOSAL TO CONSTRUCT A
VALVE CHAMBER AND SUMP OVER AN EXISTING DRAIN
Vice-chairman Glenn Yale read the notice of the public hearing. Mr.
Andruskiewicz noted that presently there exists a surface drainage system of
several catch basins which drain into the South River. Hamblet and Hayes feel
that if a tank should rupture or leak or a truck were to spill, there could be a
potential for pollution. Presently they have a sandbag type of system to handle this
type of emergency as part of an outdated SPCC plan. They wish to put in the valve
chamber now which will be monitored manually so any chemical spill can be
detected. At some future time, they may enhance this project further by adding
electonic sensors to the chamber and doing some re-grading to pitch the site away
from the South River. Mr. Andruskiewicz added that presently the hazardous
chemical tanks are dyked to help prevent any spills into the river.
•
• Minutes of Meeting--September 13, 1984 Page 3
Chris Hagger asked if there was any discharge into the river presently and Mr.
Andruskiewicz replied there was some and they hoped to correct this in the further
phases of the project by the proposed re-grading.
Chris Hagger asked what would be done if the valve closed down and the lines filled
up and Mr. Andruskiewicz replied they would manually pump out the lines.
Jim MacDowell asked if the present SPCC called for hazardous waste clean up
procedures and Mr. Andruskiewicz noted their SPCC plan was very outdated.
Glenn Yale asked if the facility was manned 24 hours per day and Mr.
Andruskiewicz replied it is not manned on weekends. Chris Hagger asked about any
previous history s and Mr. Andruskiewicz no
� Y of ills� ted that there was an alum spill
in 1980, but there were no environmental repercussions. The Coast Guard
monitored the river and found no problems. In 1978, a tank was damaged by a snow
plow.
Chris Hagger asked if their facility contained any underground tanks and Mr.
Andruskiewicz replied they have approximately twenty-five and they contain
solvents. Chris asked what the volume of those tanks was and Mr. Andruskiewicz
stated they contained a total of approximately 200,000 gallons when full.
Glenn Yale asked what their present monitoring plan was and Mr. Andruskiewicz
said they currently monitor by inventory and sampling pits. The monitoring is done
• monthly and in response to a request from the Commission, they will send us copies
of the reports. Chris Hagger asked if the materials stored are considered a
hazardous waste and Mr. Andruskiewicz replied in the affirmative.
There being no persons present wishing to speak in opposition to the proposals, upon
the motion of Jim MacDowell and second of Raymond Lavender, the first public
hearing was closed. It was so voted. Upon the motion of James MacDowell and
second of Chris Hagger an Order of Conditions referencing the plan as revised by
the City Engineer and including the following conditions will be issued for the
proposed sewage pump station and force main:
1. Work shall conform to plans entitled, "Proposed Sewage Pump Station and Force
Main for Hamblet and Hayes Company, Colonial Road, Salem, MA." and "Sewage
and Flow Calculations" prepared by Hancock Survey Associates, dated July 23,
1984, revised August 31, 1984, and further noted and approved by City Engineer Paul
S. Niman on September 10, 1984.
2. Work shall conform to South Essex Sewage District Class 3 Wastewater
Discharge Permit #05-00171086, dated August 22, 1984.
3. Prior to commencement of work, an erosion control plan and stockpiled soil
storage plan shall be submitted to the Conservation Commission for review and
approval.
•
• Minutes of Meeting--September 13, 1984 Page 4
4. Prior to commencement of work, the Operations and Maintenance Manual for
the proposed pump station and force main shall be submitted to the Conservation
Commission for their review and approval.
5. Prior to commencement of work, a pre-treatment plan shall be submitted to the
Conservation Commission for review and approval.
It was so voted.
Regarding the proposal for the valve chamber, Glenn Yale asked if DEQE had
raised any concerns and Charles Frederiksen replied that no inspection had taken
place as yet. Glenn Yale asked if Hamblet and Hayes was expecting an audit by
DEQE and Mr. Andruskiewicz replied in the negative.
Jim MacDowell noted the valve sampling program is a step ahead in safeguarding
against spill damage. However, the general consensus of the Commission was that
they needed more time to study the proposal and were not ready to draft an Order
of Conditions for this project as yet.
Upon the motion of Chris Hagger and second of Alice Akatyszewski, the public
hearing was continued until September 27, 1984. It was so voted, with Mr.
MacDowell wishing to be recorded as opposed.
• DETERMINATION OF APPLICABILITY--WINTER ISLAND YACHT YARD
This involves the repair of an existing masonry wall which is crumbling in two
areas. Mr. Haywood proposes to excavate out the crumbled stone and replace with
concrete block or railroad ties to repair the wall. Mr. Haywood noted the wall is
on the property line of himself and his neighbor, Mr. Cahill and Mr. Cahill concurs
with the proposal. The wall in question is in the buffer zone.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
Commission has determined that the Wetlands Protection Act is not applicable to
the proposed plan. It was so voted.
DEFRANCESCO--HERSEYSTREET
Vice-chairman Glenn Yale read from the minutes of the May 10 meeting concerning
this property. At that time it was agreed that any further work done on the
property should first be cleared with the Commission. However, the owners of the
property, the DeFrancescos, rented the parcel to the abutting batting cage business
and some fill was placed on the site. Therefore, a Cease and Desist order was
issued.
Attorney John Serafini, representing the DeFrancescos, noted they are aware of
the requests of the Commission and noted that they do wish to fill the area.
Therefore, they will file a Notice of Intent.
•
. Minutes of Meeting--September 13, 1984 Page 5
Jim MacDowell noted the area is subject to flooding even though the wetland is
small and isolated. If it holds 5Y: feet of water at any time it is subject to the
wetlands regulations. He would suggest that a determination be made as to the
applicability of the Act.
Following some further discussion, the consensus of the Commission was that if the
appropriate data is submitted, the Cease and Desist order will be lifted.
CLAYMAN--GOODHUE STREET
A letter sent to Mr. Clayman on July 27, 1984, was read for the record.
Dr. Hugh Mulligan, appearing before the Commission on behalf of Mr. Clayman,
stated Mr. Clayman would like permission to continue discharging air-conditioning
water into the North River. He feels the discharge is not hazardous and only takes
place during the summer months. The discharge is approximately 2Yz gallons per
minutes and a 10 degree differential exists between the discharge and the river
water. There is no apparent impact on the river and it is plain City water that is
being discharged. Mr. Clayman wishes to show that his sewer use charges should be
less as a result of discharging into the river.
Jim MacDowell stated that the installation of a tank where the water can be re-
used would also amount to a considerable saving. Chris Hagger added that there
• was no way the Commission could adequately police any discharges into the river,
so they would prefer no discharges at all. There is also some evidence that viruses
and bacteria can breed in air conditioning water which could pose a problem.
Jim MacDowell suggested that a holding tank installation would realize a pay back
quite quickly. The water conservation aspect of the tank suggestion was also
noted. The consensus of the Commission was to continue their policy of no
discharges into the river.
BYORS/RUSSELL--FRANKLIN STREET
The conditions of the agreement made with Ms. Byors regarding the lifting of the
Cease and Desist on the Franklin Street property were that dimensions will be
placed on the plan and a clean up of the site will take place. Charles Frederiksen
noted that no dimensions have been noted on the plan; however, an attempt has
been made to clean up the site.
Upon the motion of James MacDowell and second of Alice Akatyszewski, Ms. Byors
was granted until October 15, 1984, to accomplish the above requests. It was so
voted.
•
• Minutes of Meeting--September 13, 1984 Page 6
RIVERVIEW ROAD
A form from the Community Development Committee of the City Council was
received asking input from the Commission as to the disposition of a City-owned
parcel on Riverview Road. The City wishes to offer the property for sale.
Upon research in to the parcel in question it was found that the parcel was left to
the City specifically for conservation and recreation use. Minutes of the Council
acceptance of this parcel specifically refer to this use..
Upon the motion of James MacDowell and second of Raymond Lavender a letter
will be sent to Councillor Centorino, Chairman of the Committee on Community
Development indicating the Commission's opposition to the proposed disposition of
this land. It was so voted.
MINUTES
Upon the motion of Jim MacDowell and second of Raymond Lavender, the minutes
of the previous meeting were approved. It was so voted.
NEW BUSINESS
A letter from Associate Member Paul Willis notifying the Commission of a
• wetlands workshop to be held at Old Town Hall at 7:00 p.m. on September 20 was
read for the record. Upon the motion of Jim MacDowell and second of Chris
Hagger the $15 fee for attending will be paid from the Conservation account. It
was so voted.
OLD BUSINESS
It was noted that the Planning Department is in the process of obtaining the funds
needed for the design and construction of a control structure at Legg's Hill Pond.
Marblehead has notified DEQE of the Commission's decisions regarding the pond and
wish them to make a determination as to whether the construction of the new
structure would require a filing of a Notice of Intent.
It was also noted that some activity is taking place on Mackey's land relatively
close to the wetland and Attorney Rendle has been notified that the Commission
will be monitoring this carefully.
A Determination of Applicability will be made on a site on Freeman Road at our
next meeting and Commission members are asked to visit the site in advance of the
meeting.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 9:45 p.m
Respectfully submitted,
• Dale E. Yale, Clerk.
• MINUTES OF MEETING
September 27, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, September 27, 1984. Present were Philip Moran,
Glenn Yale, Raymond Lavender, James MacDowell, Christopher Hagger, and Alice
Akatyszewski. Also present were City Planner Gerard Kavanaugh and
Conservation Commission Aide Charles Frederiksen.
The meeting was called to order at 7:35 by Chairman Philip Moran.
CONTINUATION OF PUBLIC HEARING--HAMBLET AND HAYES--PROPOSAL TO
CONSTRUCT VALVE.CHAMBER AND SUMP OVER AN EXISTING DRAIN
Chairman Philip Moran read the notice of the continuation of the public hearing
and introduced Tom Andruskiewicz of Hamblet and Hayes. Mr. Andruskiewicz
stated they are proposing to install a valve and valve chamber on their property in
order to prevent any chemical spills on their property from draining into the South
River via the catch basins located on their site. He stated that the project is
proposed to be accomplished in three phases: The first phase is what they are
Proposing this evening--the installation of the valve and chamber and re-grading
their yard towards the catch basins; the second phase would involve re-grading the
front part of their property; and in the third phase they would consider the
automation of the valve. He noted this third phase has not been finalized as yet
• and it may not be done.
Glenn Yale asked who was notified in the event of a spill and Mr. Andruskiewicz
replied the EPA, DEQE, the Coast Guard, Civil Defense, the Fire Department, and
Chem-Trex are all notified. Chris Hagger asked at what time of day their most
recent spills occurred and Mr. Andruskiewicz replied that one was at 4:00 p.m. and
the second was during a snow-plowing operation in the late evening. Since those
two spills, all the tanks except those containing water-treatment chemicals have
been dyked. Chris Hagger asked if there was any environmental damage to the
marsh as a result of these spills and Mr. Andruskiewicz replied that they were
never notified of any adverse effects, so they assume none took place. Testing was
done by the Coast Guard in Collins Cove.
Chris Hagger asked what the flood level of the area was and Mr. Andruskiewicz
replied it was at the 11' contour.
Glenn Yale asked how often the facility is manned and Mr. Andruskiewicz replied it
is manned five days per week, twenty-four hours per day from Sunday midnight to
Friday midnight. On Saturdays and Sundays, the facility is checked briefly by a
security person. He added they are in the process of updating their SPCC plan, but
at present it only applies to oil.
Chris Hagger asked if the valve will remain open over weekends and evenings and
Mr. Andruskiewicz replied in the affirmative. Chris noted that there is a
•
• Minutes of Meeting--September 27, 1984 Page 2
potential for spills over the weekends and Mr. Andruskiewicz agreed this was a
possibility.
Glenn Yale asked what the storage capacity of the valve was and Mr.
Andruskiewicz replied that on the basis of the capacity of the catch basins and the
yard, the calculations were to the ten-year flood. Glenn Yale asked why they would
not close the valve on weekends and Mr. Andruskiewicz replied that they felt there
was a potential for damage to the valve from freezing, etc.
Jim MacDowell asked if, during snow-plowing for example, a representative of the
company is present to operate the valve if necessary and Mr. Andruskiewicz replied
this was not always the case.
Chris Hagger stated that, in his opinion, the clause in the Wetlands Regulations
(1002, 2C) which addresses an area outside a buffer zone causing damage to a
wetland area is cause for the Commission to mandate that the valve system be as
foolproof as possible. Chairman Philip Moran and James MacDowell respectfully
disagreed. Glenn Yale felt it was important for Hamblet and Hayes to address the
matter of coverage of the site on weekends. He is uncomfortable with leaving the
valve open for 48 hours per week. There is a potential for a hazardous spill to
occur during that period which could cause damage which could not be undone. Mr.
Yale asked if Hamblet and Hayes would consider a storage facility adjacent to the
valve chamber and Mr. Andruskiewicz respectfully stated he could not make that
kind of commitment. There followed several minutes of discussion regarding this
• issue. Chairman Moran felt that research into the spill history could still take place
without holding up this project. Glenn Yale asked Hamblet and Hayes to consider
security for the site on weekends.
Christopher Hagger moved to continue the hearing until further research could be
done on the spills history. The motion was seconded by Glenn Yale. The motion
was defeated on a tie vote.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the public
hearing was closed. It was so voted, four in favor, two opposed.
Upon the motion of James MacDowell and second of Raymond Lavender, the Order
of Conditions was approved with the following additional conditions:
1. Work shall conform to plans entitled, "Hamblet and Hayes Company, Colonial
Road, Site Work Plan--Proposed Valve Chamber," by Hancock Survey Associates,
Inc., dated August 1984 as revised and signed by Paul S. Niman, City Engineer,
8/31/84.
2. Hamblet and Hayes shall submit to the Conservation Commission for their
review and approval prior to the completion of the proposed work, a spill prevention
control and counter measure plan for the valve chamber which has been approved
by the Department of Environmental Quality Engineering.
•
• Minutes of Meeting--September 26, 1984 Page 3
3. Prior to the commencement of work, an erosion control and stockpiled soil
storage erosion plan shall be submitted to the Conservation Commission for their
review and approval.
4. All proposed catch basins shall include oil and grease traps.
5. Hamblet and Hayes shall notifiy the Conservation Commission in the event of
any spill within 24 hours.
It was so voted, four in favor, two abstensions.
HAMBLET AND HAYES--MODIFICATION OF ORDER OF CONDITIONS #64-104
It was noted by Mr. Andruskiewicz that he felt the intent of the Commission's vote
on the proposal to install a sewage force main and pre-treatment facility on site
was not clearly expressed in the Order of Conditions issued at our last meeting.
Upon the motion of James MacDowell and second of Alice Akatyszewski, numbers
four and five of the Order of Conditions were modified to read as follows:
4. Prior to the discharge of any industrial waste, the Operations and Maintenance
Manual for the proposed pre-treatment facility shall be submitted to the
• Conservation Commission for their review and approval.
5. Prior to commencement of the construction of the pre-treatment facility, a
pre-treatment plan shall be submitted to the Conservation Commission for review
and approval.
It was;so voted.
PUBLIC HEARING--KERNWOOD COUNTRY CLUB
Chairman Philip Moran read the notice of the public hearing. Mr. MacDowell noted
for the record that he is abstaining from any participation in this hearing.
Mr. Erland Townsend of T & M Engineering was present on behalf of the proponent.
They propose to perform maintenance work on two areas on the Kernwood Country
Club property. The first area is on the sixth fairway adjacent to the Danvers
River. They propose to repair a retaining wall located there which is in a state of
extreme disrepair. It is a stone wall and they plan to construct a second wall inside
the existing wall. There is also an area on the sixth fairway where a stone wall is
deteriorating badly. They would like to construct a new gabion retaining structure.
The second area is located on the seventh tee also adjacent to the Danvers River.
There is a timber retaining wall located here which is also deteriorating badly.
They propose to construct a new concrete retaining wall with a gabion-tied top.
Mr. Townsend added that the work is generally maintenance.
•
• Minutes of Meeting--September 26, 1984 Page 4
Chris Hagger asked what their construction sequence was and Mr. Townsend stated
they plan to construct the walls in question in alternating sections to help keep the
wall in place. Glenn Yale asked what their schedule for construction was and Mr.
Townsend replied they would like to begin now and complete the project in the
Spring. In response to a further question from Glenn Yale, Mr. Townsend noted that
an Erosion Control Plan was included with the submission of the Notice of Intent.
Chris Hagger asked if any test borings were done and Mr. Townsend replied they
have done two borings and they plan to go down no farther than 8 - 101.
Upon the motion of Chris Hagger and second of Glenn Yale, the public hearing was
closed.
Upon the motion of Glenn Yale and second of Chris Hagger, the Order of
Conditions was approved with the following additional conditions:
1. Work on the 6th fairway shall conform to plans entitled, "Repairs to retaining
walls--6th fairway and the Danvers River--Kernwood Country Club," dated May 24,
1984 by T & M Engineering Associates, Inc.
2. Work on the 7th tee shall conform to plans entitled, "Reconstruction--retaining
wall--7th tee and the Danvers River--Kernwood Country Club," dated May 24, 1984
by T & M Engineering Associates, Inc.
• 3. All work shall conform to a report entitled, "Appendix: Soil Erosion and Control
Plan," included in the Notice of Intent dated 8/24/84 by T & M Engineering.
It was so voted.
DETERMINATION OF APPLICABILITY--RALPH SALVO--FREEMAN ROAD
Chairman Moran read the notice of the Determination.
Dr. Hugh Mulligan of Gulf of Maine Research was present on behalf of Mr. Salvo.
He noted that Mr. Salvo owns Lot 269 and the owners of the other lots were also
present this evening. Mr. Salvo would like to begin construction of a single-family
home this Fall.
Dr. Mulligan stated that based upon his research and a U.S. Coast Guard sheet
depicting the area in question, it is his opinion that their is no significant wetland
existing on Mr. Salvo's lot. They wish a negative determination.
In response to a question from Glenn Yale, it was noted that the development of
these lots will require a formal filing of a Definitive Subdivision Plan, as the road
is not completed.
•
• Minutes of Meetng--September 26, 1984 Page 6
James MacDowell noted he had inspected the site and observed a rather marked
wetland area on the site. There is a small stream between one small wetland and a
larger one and he would classify the wetland as a resource area under the Wetlands
Protection Act. There is a question of how the wetland area would be addressed
when a dwelling was constructed. It is his opinion that this cannot be handled under
a Determination and would recommend the filing of a Notice of Intent.
Upon the motion of Alice Akatyszewski and second of Chris Hagger, the
Commission determined that the area in question is significant to the Wetlands
Protection Act and a Notice of Intent will be required. It was so voted.
DETERMINATION OF APPLICABILITY--WAIKIKI RESTAURANT
Chairman Moran read the notice of the Determination.
Charles Frederiksen noted that since this request was filed new Flood Hazard maps
have been issued which indicate this proposed construction would be outside the
flood hazard district. Mr. Edmund Danielson, architect for the proponents, noted
that they plan to construct a new restaurant adjacent to the existing building. The
parking lot will remain the same and they will install three new catch basins. The
building will be located 205' back from Bridge Street.
• Glenn Yale asked if they will excavate for a footing and Mr. Danielson replied in
the affirmative. He added they plan to construct on a concrete slab and the
elevation of the slab will be 11.49 to 121. James MacDowell felt there was some
potential of erosion during construction. Glenn Yale asked where any excavated
materials would be stored and Mr. Danielson replied they would be stored away
from the fence.
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
Commission determined the proposal was not significant to the Wetlands
Protection Act subject to an inspection of the site to determine the distance of one
proposed corner from the wetland. It was so voted.
MOOSE LODGE--EXTENSION OF ORDER OF CONDITIONS (#64-96)
Mr. William McLaughlin from the Moose Lodge was present to request an extension
of the Order of Conditions for their property.
James MacDowell asked what their construction schedule was and Mr. McLaughlin
stated that no work has been done so far as they have been waiting for the state to
repair the drain under Highland Avenue. Presently only one bidder has responded
to the request for bids and the state may have re-advertise. Basically, the matter
is in "limbo."
Upon the motion of Glenn Yale and second of Christopher Hagger, the Order of
Conditions was extended for six months. It was so voted.
•
• Minutes of Meeting--September 26, 1984 Page 6
FAFARD
Mr. Gregg Warren and Mr. William McDonough of Fafard were present to give the
Commission an overview of the project thus far. An Order of Conditions is
presently being drafted by DEQE for the entire project and will be submitted to the
Commission upon completion.
Presently, in order to provide a safe intersection at Traders Way and Whaler's
Lane, a portion of conservation land will be needed. Fafard intends to provide a
compensating piece of land in return for the piece they need to accomplish the
construction of the intersection. Research is currently underway to determine the
legality of this.
Further, an easement over conservation land is needed in order to provide drainage
for Traders Way. Both these issues are currently being researched by the Assistant
City Solicitor. The parcel was originally deeded to the Commission for
conservation purposes and it is not yet clear what restrictions have been imposed
on the property.
Mr. Warren gave the board a brief description of their proposed pond re-location
and re-vegetation plans and stated that he feels the draft Order of Conditions will
be ready early next week.
• WENHAM LAKE
Conservation Aide Charles Frederiksen stated he had been contacted by the
Chairman of the Wenham Conservation Commission regarding a proposal to build a
housing development on Wenham Lake, which is Salem's primary water supply.
After meeting with Mr. Berlin, the Wenham Con/Com chairman, Mr. Frederiksen
was convinced that this project would have a severe detrimental impact on Salem's
watershed.
Upon the motion of Glenn Yale and second of Alice Akatyszewski, a letter will be
sent expressing the Commission's opposition to this proposal. It was so voted.
RICHDALE DETERMINATION
Action on this Determination was postponed from our last meeting pending the
submission of stability calculations for the gasoline storage tanks.
Upon studying the calculations submitted, the Commission expressed concern that
the calculations did not reflect the water level that could occur for that parcel.
Further, the calculations were not prepared and stamped by a Registered
Professional Engineer.
Upon the motion of James MacDowell and second of Alice Akatyszewski, no action
will be taken on this Determination until amended calculations are submitted. It
was so voted.
•
• Minutes of Meeting--September 26, 1984 Page 7
PICKMAN PARK--EXTENSION OF ORDER OF CONDITIONS (164-32)
Upon the motion of Alice Akatyszewski and second of James MacDowell, the Order
of Conditions for Pickman Park was extended for six months. It was so voted.
PICKMAN PARK BEACH--EXTENSION OF ORDER OF CONDITIONS (#64-89)
Upon the motion of James MacDowell and second of Raymond Lavender, the Order
of Conditions for Pickman Park Beach was extended for six months. It was so
voted.
DISPOSITION OF CITY PROPERTY
Upon the motion of Glenn Yale and second of Raymond Lavender, two parcels--one
on Pope Street and one on Cherry Hill Avenue--were determined to be of no
interest to the Conservation Commission. It was so voted.
MINUTES
Upon the motion of Raymond Lavender and second of Alice Akatyszewski, the
minutes of September 12, 1984, 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 9:45 p.m.
• Respectfully submitted,
Dale E. Yale
Clerk
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AGENDA--October 11, 1984
1. Determination of Applicability--DeFrancesco, Hersey Street
2. Pickman Park update
3. Fafard--DEQE Order of Conditions
4. Fafdrd--comments on Wetlands Special Permit application for two parcels on First St.
5. Tedford, Ravenna Ave.--Comments on proposed subdivision
6. Waikiki vote
7. Ragone
• 8. Approval of Minutes
9. Old/New Business
• MINUTES OF MEETING
October 13, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, October 13, 1984. Present were Philip Moran, Glenn
Yale, Raymond Lavender, and James MacDowell. Also present was Conservation
Aide Charles Frederiksen and City Planner Gerard Kavanaugh. Alice Akatyszewski
and Christopher Hagger were absent.
The meeting was called to order at 7:30 p.m. by Chairman Philip Moran.
DETERMINATION OF SIGNIFICANCE--DEFRANCESCO, HERSEY STREET
Chairman Philip Moran read the notice of the Determination and introduced Dr.
Hugh Mulligan of Gulf of Maine Research who spoke on behalf of the DeFrancesco's.
He stated that they would respectfully request a negative Determination as the
parcel in question contains an isolated wetland which is subject to flooding, but
does not retain sufficient water to qualify as a wetland significant to the Wetlands
Protection Act. There is not inlet or outlet and, according to his calculations, the
depression holds no more than 7" of water in twenty-four hours and this is an
exaggerated situation. This would amount to approximately 8500 cu. ft. of water
and the minimum required under the Act is 10,000 cu. ft. He added that only 1/3 of
the lot is subject to ponding.
• Dr. Mulligan presented a map depicting the site (attached hereto). Glenn Yale
asked if he had taken run-off into consideration in the calculations for the site and
Dr. Mulligan replied in the affirmative.
Jim MacDowell asked what the depth of the small depression was and Dr. Mulligan
replied it was one foot. The total ponding for the depression was 174 cu. ft. He
added that the entire site was once ripped up and backfilled. There were some
phragmites on the property. Dr. Mulligan further noted that the catch basins in the
area were clogged. This will be brought to the attention of the City Engineer.
Mrs. Donna Ouellette of 18 Hersey Street expressed concern for the water problem
in the area. She felt that filling of the wetland area would further exacerbate the
problem--the small wetland area serves as a place for the water to drain. The catch
basins in the area are inadequate and filling of the land would cause further
drainage problems.
Mrs. Fraser of Hersey Street reiterated these concerns--the water is sometimes
three feet deep in the area and their basements are constantly flooded. The area is
definitely a wetland. Mr. DuMais of the same neighborhood concurred. Mr.
Roderick and Mr. Rattigan of the neighborhood also agreed.
Philip Moran asked if there was any way compensating storage could be provided.
He is troubled by this problem and the Commission is in full agreement that there
are serious water problems in the area. Mr. DeFrancesco has agreed to slope the
•
Minutes of Meeting--October 13, 1984 Page 2
•
lot away from the abutters and towards the appropriate catch basins. It was noted
the drain on Hersey Street is clogged. It was further agreed, however, that the
water table of the area precludes proper drainage.
Jim MacDowell cited the wetlands regulations which address this type of area. It
is clear we have no jurisdiction under the Wetlands Protection Act. Mr. Moran
agreed, however he wished there could be some solution to the water problems in
the area. He noted this type of problem is City-wide.
Upon the motion of James MacDowell and second of Glenn Yale, the area was
determined not to be significant to the Wetlands Protection Act. It was so voted.
Upon the motion of Glenn Yale and second of James MacDowell, a letter will be
sent to the City Engineer asking him to address the drainage problems in the area.
It was so voted.
PICKMAN PARK UPDATE
Mr. Charles Faia, Mr. Paul DiBiase, and Attorney Peter Beatrice were present to
update the Board on the Pickman Park project. Mr. Beatrice stated that
construction had begun in the area of Marion Road and Quadrant Road. They have
done some rough grading on Marion Road.
• Jim MacDowell asked what their schedule was for the work to take place in the
wetland area and Mr. DiBiase replied they felt this work would be done next
summer. Mr. MacDowell suggested they consider an erosion control plan be
submitted well ahead of schedule to give the Commission ample time for review.
Mr. DiBiase agreed. Mr. MacDowell also suggested the Commission inspect the
site to ascertain if erosion control measures are needed at present.
Mr. DiBiase stated that the proposed sewer line for Fillmore Road on the South
River and the sewer for Parallel Street are scheduled for this year. They will be
filing a Notice of Intent shortly for the Parallel Street sewer.
FAFARD
The matter of review of the Order of Conditions for Fafard was tabled until our
next meeting.
Regarding the two "out" parcels on First Street which will be the subject of a
public hearing before the Planning Board on October 18, 1984, the Commission
reviewed the plans and w11 make the following recommendations to the Planning
Board: 1) A rip-rap energy dissipator shall be installed at the outlet of the 21"
drain where it re-enters the brook. The adequacy of this drain shall be reviewed
and approved by the City Engineer; 2) All erosion control plans and wetlands
replication narratives requested by DEQE should also be forwarded to the Planning
Board for their records. Upon the motion of James MacDowell and second of
Raymond Lavender, it was so voted.
•
• Minutes of Meeting--October 13, 1984 Page 3
Regarding a proposal for the Commission to grant an easement across Conservation
Commission property in order to provide a proper intersection from Traders Way to
Whalers Lane, discussions have been taking place between Attorney Serafini and
Assistant City Solicitor Mary Harrington regarding the granting of this easement.
In response to some discussion as to compensation for this easement, it was
suggested that Fafard provide some signage marking a nature trail in the area. Mr.
Serafini felt this was a good idea.
Upon the motion of Glenn Yale and second of James MacDowell, the granting of
the requested easement is approved subject to confirmation from Assistant City
Solicitor Mary Harrington and with appropriate signage being provided subject to
Planning Department and Conservation Commission approval. It was so voted.
WAIKIKI
Members of the Commission had recently inspected the site and feel that a
negative determination is in order, providing no activity takes place beyond the
location of the existing fence. Upon the motion of James MacDowell and second of
Raymond Lavender, it was so voted.
RAGONE
• Conservation Aide Charles Frederiksen stated he had been informed by DEQE that
fill from a hazardous waste site in Lynn had been placed on the Ragone property on
Swampscott Road. A Cease and Desist Order was issued for the site and the fill
will be removed immediately. In the future, any placing of fill on the site will be
subject to prior inspection by the Conservation Aide.
MINUTES
Upon the motion of Raymond Lavender and second of James MacDowell, the
minutes of September 29, 1984, were approved. It was so voted.
NEW BUSINESS
James MacDowell stated to the Commission that, effective by the end of the year,
he is hereby resigning from the Commission due to increased job responsibilities.
His resignation was accepted with regret. An attempt to find a qualified
replacement will be undertaken shortly.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 10:00 p.m.
Respectfully submitted,
. Dale E. Yale
Clerk
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AGENDA--October 25, 1984
1. Public Hearing--Pickman Park Sewer--Parallel Street and "along B & M R.R. line
2. Mackey
3. Richdale--Review of submitted calculations
4. New England Power--Extension of Order of Conditions #64-85
5. Approval of Minutes
6. Old/New Business
•
• MINUTES OF MEETING
October 25, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, October 25, 1984. Present were Philip Moran,
Christopher Hagger, Raymond Lavender, James MacDowell, and Glenn Yale (8:05
p.m.). Also present were Conservation Aide Charles Frederiksen and City Planner
Gerard Kavanaugh. Alice Akatyszewski was absent.
The meeting was called to order at 7:35 p.m. by Chairman Philip Moran.
PUBLIC HEARING--PICKMAN PARK SEWER
Chairman Philip Moran read the notice of the public hearing.
Mr. Charles Faia of Faia and Parsons Engineering was present to discuss developer
Paul DiBiase's plan to construct a replacement 18" sewer line on Parallel Street and
along the B & M railroad tracks. Presently there is a 15" line on the site. Mr. Faia
noted that the construction of this sewer was a condition of the approval of the
Pickman Park development. He added that there is a building located over the
present sewer line, so they will have to move the replacement line closer to the
wetland area. Easements are currently being negotiated for construction of the
replacement line.
• James MacDowell noted he has studied the plan and has also discussed the proposal
with Public Services Director Paul Niman. Mr. MacDowell's major concern is the
width of the dyke which will serve as an access for construction equipment. Mr.
Faia stated they felt 10' would be adequate and Mr. MacDowell felt that was
acceptable. Mr. McDowell felt a condition of the Order should also address the
locations of any cross culverts. A designated representative of the Conservation
Commission should approve these locations prior to construction.
Chris Hagger asked what the duration of the construction will be and Mr. Faia
replied they feel two to three weeks will be adequate to complete the job.
Philip Moran asked where the excavated material will be stored and Mr. Faia felt it
would be trucked off site. Mr. Moran added that proper erosion control procedures
should be followed.
Jim MacDowell suggested that any organic wetlands soil excavated from the site
should be spread over the bank to help in the re-vegetation process. Mr. Faia noted
they propose to loam and seed the embankment when the weather permits. Mr.
MacDowell felt this may not be necessary if the organic soils re-seed quickly.
There being no further discussion, upon the motion of James MacDowell and second
of Christopher Hagger, the public hearing was closed. It was so voted.
Upon the motion of James MacDowell and second of Christopher Hagger, an Order
• of Conditions will be issued with the following additional conditions:
•` I
• Minutes of Meeting--October 25, 1984 Page 2
1. Work shall conform to plan entitled, " dated and
reviewed and approved by Director of Public Services Paul S. Niman.
2. The location of any proposed cross culverts in the new sewer easement shall be
approved in the field by a designated representative of the Conservation
Commission prior to construction.
3. Proper erosion control procedures shall be practiced as specified in the Order of
Conditions issued for Pickman Park/Salem Acres, Inc., DEQE File x/64-32.
4. Movement of vehicles and excavated areas shall be limited to the 20' easement
area shown on the plan. This includes storage of all construction materials.
5. Any excess construction materials from the project shall be removed from the
site.
6. Sideslopes abutting existing wetland areas shall be finished with wetland soils
excavated from the site.
It was so voted.
MACKEY
• Conservation Aide Charles Frederiksen gave the board a brief overview of the
situation on Legg's Hill Road. Work was observed in what could be described as a
sensitive wetland area. Following assurances from Mr. Mackey's attorney that no
work would take place in the buffer zone, it was determined by the Commission
that the top of the ledge constituted an inland bank. Therefore, all the work Mr.
Mackey was performing was within the buffer zone. Subsequently, an Enforcement
Order of issued to Mr. Mackey ceasing further work on the site.
Mr. Timothy O'Keefe, an attorney representing Mr. Mackey, cited a section of the
wetlands regulations, Section 10.54, part 2 c which deals with the definition of a
bank, which he felt refuted the Commission's determination of the actual boundary
of the bank. Mr. Mackey has several contractual agreements to fulfill with gravel
orders and he would like to reach some kind of compromise with the Commission so
that these committments can be fulfilled. Mr. Mackey would like to "split the
difference" between the the level of the invert on the pond and the cast iron pipe
the City maintains and excavate above that level. Mr. O'Keefe further noted that
Mr. Mackey had been requested by the Director of Public Services to provide the
manpower for the installlation of a new control structure for Legg's Hill Pond. Mr.
Mackey would be happy to help the City in this matter. In return, he would like
some assistance in reaching an equitable compromise so he can fulfill his
contractual agreements.
•
• Minutes of Meeting--October 25, 1984 Page 3
Jim MacDowell noted that the work that Mr. Mackey is proposing would certainly
require a filing of a Notice of Intent. The Commission would require a proposed
re-grading plan and erosion control procedures, as well as a long-term plan as to
the finishing off of the site. Mr. O'Keefe replied Mr. Mackey has every intention of
filing, but would like an interim agreement regarding the removal of gravel from
the pit. Jim MacDowell raised the issue of the potential of the possible collapse of
the bank and Mr. Mackey replied he uses extreme care in doing the backhoe work
on the site. Nothing has gone or will go into the pond.
Following some further discussion, it was agreed that the Commission will inspect
the site on Saturday morning, at 9:30 a.m. In the meantime, Mr. Mackey will stake
out a 100' line and the Commission can make a decision as to the extend of work
Mr. Mackey can perform.
NEW ENGLAND POWER COMPANY--EXTENSION OF ORDER OF CONDITIONS #
64-85
Upon the motion of James MacDowell and second of Raymond Lavender, the Order
Y �
of Conditions for New England Power was extended for one year. It was so voted.
Vice-chairman Glenn Yale assumed the Chair at this point in the meeting.
RICHDALE
• Upon review of the submitted calculations, a motion to accept was made by James
MacDowell and seconded by Christopher Hagger. It was so voted.
MINUTES
Upon the motion of Raymond Lavender and second of Christopher Hagger, the
minutes of October 11, 1984, were approved. It was so voted.
OLD BUSINESS
Conservation Aide Charles Frederiksen gave the Commission an update on the
situation with Ragone. The hazardous material has been removed and the clean fill
has been spread. The gate is locked and a representative of the Commission must
inspect stockpiled fill material prior to placement.
Upon the motion of James MacDowell and second of Christopher Hagger the Cease
and Desist Order was lifted. It was so voted.
Charles Frederiksen had visited the Conservation Area for two specific reasons
recently. Muskrats in the Area had been observed to be behaving in an unusual
manner. It was the general opinion of the board that the blasting taking place in
the area could be causing this problem; however, Mr. Frederiksen will contact the
MSPCA for their input.
•
r
• Minutes of Meeting--October 25, 1984 Page 4
A resident of Hayes Road, which abuts the Conservtion Area, had requested
permission to trim back some of the low branches which block the trail with a chain
saw. It was the general consensus of the board that chain saws were inappropriate
for the Area. A pile of asphalt was observed at the entrance to the Area from
Hayes Road and the Director of Public Services will be requested to have it
removed.
A question was raised as to the posting of signs prohibiting trail bikes in the
Conservation Area. The signs have been made up, but were never posted.
Research will be done as to whether this is acceptable under the terms of the
original grant for the funding of the trails, etc. in the Area.
Upon the motion of James MacDowell and second of Raymond Lavender, a check
for $10 will be forwarded to the Phoenix School to reimburse them for materials
they used in the repair of the bridge in the Conservation Area. It was so voted.
It was generally agreed that better publicity about the Conservation Area was
needed. Leaflets will be placed in the library and other prominent places in the
City. Further, it was felt that a Spring clean-up weekend would be valuable in
maintaining the Conservation Area.
NEW BUSINESS
• Chris Hagger has observed further filling operations along the North River and also
off Broadway. These areas will be inspected Saturday.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 9:00 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
ION CO,b
Conservation Commission
Salem. Massachusetts 01970
yASSNC�
AGENDA--November 8, 1984
1. Determination of Applicability--Salem Willows Yacht Club
2. Determination of Applicability--Pappalardo, Dearborn Lane
3. Public Hearing--Sidney Gerber--Sophia Road
4. Discussion of Field inspections
5. Approval of Minutes
6. Old/New Business
•
•
• MINUTES OF MEETING
November 8, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, November 8, 1984. Present were Philip Moran, Paul
Geogeghan, Glenn Yale, James MacDowell, and Alice Akatyszewski. Raymond
Lavender and Christopher Hagger were absent.
The meeting was called to order at 7:35 p.m. by 7:35 p.m.
DETERMINATION OF APPLICABILITY--SALEM WILLOWS YACHT CLUB
Chairman Philip Moran read e d he notice of the Determination.
t
Mr. Normand Michaud, Commodore of Salem Willows Yacht Club, was present to
discuss the Yacht Club's proposal to replace a gasoline storage tank on their
property. The Fire Department had suggested they come before the Conservation
Commission prior to installation due to their proximity to the water.
Mr. Michaud noted the previous tank was thirty to forty years old and they felt in
order to prevent any pollution problems, they should replace the tank. They intend
to install a 1000 gallon fiberglass tank. Mr. Michaud further noted that he had
hoped his contractor would be present to better describe what was proposed, but he
was unable to attend tonight's meeting.
• Philip Moran asked how deep they intend to excavate for the new tank and Mr.
Michaud they will dig down approximately six feet. Glenn Yale asked what the
elevation of the tank would be and Mr. Michaud felt it would be 12 to 15 feet above
high tide.
The consensus of the Commission was the more information would be necessary to
make a proper determination. If the tank is to be located below the flood
elevation, calculations as to stability, uplift, etc. would be required. The
Commission will inspect the site prior to our next meeting and Mr. Michaud will be
informed as to what is needed.
Upon the motion of Glenn Yale and second of Alice Akatyszewski, the matter will
be continued to our next meeting. It was so voted, with James MacDowell
abstaining.
DETERMINATION OF APPLICABILITY--PAPPALARDO, 6 DEARBORN LANE
Chairman Philip Moran read the notice of the Determination.
Mr. Pappalardo was present to discuss his proposal to construct a swimming pool in
the back of his property which abuts the North River. There is a retaining wall
between where his pool is proposed and the river; however it is techinically within
the buffer zone. The pool will be 12' x 20' and will be 4' deep all the way across.
•
I
• Minutes of Meeting--November 8, 1984 Page 2
Upon the motion of Alice Akatyszewski and second of Glenn Yale, the proposal was
determined to have no significance on the Wetlands Protection Act. It was so
voted.
PUBLIC HEARING--SIDNEY GERBER, SOPHIA ROAD
Chairman Philip Moran read the notice of the public hearing. Mr. Moran further
directed that the record indicate no abutters in favor of or opposed to the project
were present.
This involves the proposed construction of a single-family dwelling on Sophia Road.
The lot slopes steeply toward an abutting street and there is some concern for the
stability of the bank and the drainage to the brook behind the property.
Both James MacDowell and Glenn Yale expressed some concern for the location of
a turnaround. If the Planning Board, Department of Public Works, or Fire
Department should require a different configuration for the turnaround, the
concerns of the Conservation Commission would be changed. The Commission
would also like to see a detail of the proposed drainage swale--some concern was
expressed as to the construction. Large stones could be dislodged during a heavy
storm event.
Glenn Yale asked where the edge of the new fill will be located and Mr. Gerber
• stated he does not intend to place any fill at all. The Commission requested that
his plans be amended to show a profile through the house to ascertain the finished
contours.
Therefore, the consensus of the Commission was to continue the hearing until the
following information is provided: Stability calculations for the bank; detail of
proposed drainage Swale; profile of the proposed finished grades. Upon the motion
of James MacDowell and second of Alice Akatyszewski, the hearing will be
continued until our next meeting on December 13, 1984. It was so voted.
FIELD INSPECTION REPORT
The Commission members inspected the Legg's Hill property and Broadway
properties of Mr. Mackey and an agreement was made to allow Mr. Mackey to
continue with the excavation of gravel on Legg's Hill Road. Further, Mr. Mackey
will clean up the site off Broadway and it will be inspected again prior to our next
meeting.
MINUTES
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
minutes of October 25, 1984, were approved. It was so voted.
•
• Minutes of Meeting--November 8, 1984 Page 3
OLD/NEW BUSINESS
Chairman Philip Moran welcomed Mr. Paul Geoghagen to the Commission and
noted his expertise in matters of marine biology will be valuable to the Commission
in their deliberations.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 9:15 p.m.
Respectfully submitted,
Dale E. Yale
Staff Advisor to the Conservation
Commission
•
• MINUTES OF MEETING
November 8, 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, November 8, 1984. Present were Philip Moran, Paul
Geogeghan, Glenn Yale, James MacDowell, and Alice Akatyszewski. Raymond
Lavender and Christopher Hagger were absent.
The meeting was called to order at 7:35 p.m. by 7:35 p.m.
DETERMINATION OF APPLICABILITY--SALEM WILLOWS YACHT CLUB
Chairman Philip Moran read the notice of the Determination.
Mr. Normand Michaud, Commodore of Salem Willows Yacht Club, was present to
discuss the Yacht Club's proposal to replace a gasoline storage tank on their
property. The Fire Department had suggested they come before the Conservation
Commission prior to installation due to their proximity to the water.
Mr. Michaud noted the previous tank was thirty to forty years old and they felt in
order to prevent any pollution problems, they should replace the tank. They intend
to install a 1000 gallon fiberglass tank. Mr. Michaud further noted that he had
hoped his contractor would be present to better describe what was proposed, but he
was unable to attend tonight's meeting.
• Philip Moran asked how deep they intend to excavate for the new tank and Mr.
Michaud they will dig down approximately six feet. Glenn Yale asked what the
elevation of the tank would be and Mr. Michaud felt it would be 12 to 15 feet above
high tide.
The consensus of the Commission was the more information would be necessary to
make a proper determination. If the tank is to be located below the flood
elevation, calculations as to stability, uplift, etc. would be required. The
Commission will inspect the site prior to our next meeting and Mr. Michaud will be
informed as to what is needed.
Upon the motion of Glenn Yale and second of Alice Akatyszewski, the matter will
be continued to our next meeting. It was so voted, with James MacDowell
abstaining.
DETERMINATION OF APPLICABILITY--PAPPALARDO 6 DEARBORN LANE
Chairman Philip Moran read the notice of the Determination.
Mr. Pappalardo was present to discuss his proposal to construct a swimming pool in
the back of his property which abuts the North River. There is a retaining wall
between where his pool is proposed and the river; however it is techinically within
the buffer zone. The pool will be 12' x 20' and will be 4' deep all the way across.
•
• Minutes of Meeting--November 8, 1984 Page 2
Upon the motion of Alice Akatyszewski and second of Glenn Yale, the proposal was
determined to have no significance on the Wetlands Protection Act. It was so
voted.
PUBLIC HEARING--SIDNEY GERBER, SOPHIA ROAD
Chairman Philip Moran read the notice of the public hearing. Mr. Moran further
directed that the record indicate no abutters in favor of or opposed to the project
were present.
This involves the proposed construction of a single-family dwelling on Sophia Road.
The lot slopes steeply toward an abutting street and there is some concern for the
stability of the bank and the drainage to the brook behind the property.
Both James MacDowell and Glenn Yale expressed some concern for the location of
a turnaround. If the Planning Board, Department of Public Works, or Fire
Department should require a different configuration for the turnaround, the
concerns of the Conservation Commission would be changed. The Commission
would also like to see a detail of the proposed drainage swale--some concern was
expressed as to the construction. Large stones could be dislodged during a heavy
storm event.
Glenn Yale asked where the edge of the new fill will be located and Mr. Gerber
stated he does not intend to place any fill at all. The Commission requested that
• his plans be amended to show a profile through the house to ascertain the finished
contours.
Therefore, the consensus of the Commission was to continue the hearing until the
following information is provided: Stability calculations for the bank; detail of
proposed drainage swale; profile of the proposed finished grades. Upon the motion
of James MacDowell and second of Alice Akatyszewski, the hearing will be
continued until our next meeting on December 13, 1984. It was so voted.
FIELD INSPECTION REPORT
The Commission members inspected the Legg's Hill property and Broadway
properties of Mr. Mackey and an agreement was made to allow Mr. Mackey to
continue with the excavation of gravel on Legg's Hill Road. Further, Mr. Mackey
will clean up the site off Broadway and it will be inspected again prior to our next
meeting.
MINUTES
Upon the motion of James MacDowell and second of Alice Akatyszewski, the
minutes of October 25, 1984, were approved. It was so voted.
•
• Minutes of Meeting--November 8, 1984 Page 3
OLD/NEW BUSINESS
Chairman Philip Moran welcomed Mr. Paul Geoghagen to the Commission and
noted his expertise in matters of marine biology will be valuable to the Commission
in their deliberations.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 9:15 p.m.
Respectfully submitted,
Dale E. Yale
Staff Advisor to the Conservation
Commission
•
•
V�
,%ON CConsff py
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• Salem. Massachusetts 01970
ASS
AGENDA--December 13, 1984
1. Determination of Applicability--Warren Williamson, Riverview Street
2. Public Hearing--New England Telephone--installation of armored submarine telephone
cable across and on the bottom of the Danvers River between Beverly and Salem.
3. Public Hearing--MBTA--construction of parking lot to serve temporary commuter rail
stationaat intersection of Bridge and North Sts adjacent to the North River.
4. Shetland--Certificate of Compliance
5. Report on field inspections
6. Approval of Minutes
7. Old/New Business
•
•
MINUTES OF MEETING
December 13, 1984
The Salem Conservation Commission met at One Salem Green, second. floor
conference room, on Thursday, December 13, 1984. Present were Philip
Moran, Paul Geoghegan, Glenn Yale, Christopher Hagger, Raymond Lavender,
and Alice Akatyszewski. Also present were City Planner Gerard Kavanaugh
and Staff Advisor Dale Yale. James MacDowell was absent.
Chairman Philip Moran called the meeting to order at 7:40 p.m.
DETERMINATION OF APPLICABILITY--WARREN WILLIAMSON, RIVERVIEW STREET
Chairman Philip Moran read the notice of the Determination.
This involves the proposed construction of a single—family dwelling on
Riverview Street , which is off Loring Avenue. The issue specifically is
• the construction of a septic system with the possibility of the leaching
field being within the buffer zone.
It was noted by the Commission that the wetland area in question is
separated from the property by a road; therefore, no problem was
discerned.
Upon the motion of Glenn Yale and second of Christopher Hagger, it was
determined the proposal had no significance under the Wetlands
Protection Act. It was so voted.
PUBLIC HEARING--NEW ENGLAND TELEPHONE--PROPOSAL TO CONSTRUCT A SUBMARINE
TELEPHONE CABLE UNDER THE DANVERS RIVER BETWEEN BEVERLY AND SALEM.
Chairman Moran read the notice of the public hearing.
Dr. Hugh Mulligan of Gulf of Maine Research and Mr. George Cooley of New
England Telephone were present to discuss the proposal.
Mr. Cooley stated that the purpose of the proposed installation was to
provide increased telephone service between Salem and Beverly. Both
local and long distance service would be increased. The armored
submarine cable will encase 616 telephone lines. Seven—hundred fifty
feet of cable will be installed on the Salem side with a total of 1300
feet to be installed. The cable will be laid during one high tide event
and will be laid on the bottom of the river, with no disturbance of the
• river itself. The cable proposed to be laid is similar to what is now
there and is encased in protective armor to minimize damage to the
wires. They anticipate doing the laying of the cable in the Spring of
1985.
•
Minutes of Meeting--December 13 , 1984 Page 2
Dr. Mulligan gave an outline of the permits needed for this project: A
Chapter 91 from Army Corps will be necessary, as well as a DEQE
Waterways permit. He added the cable will be laid along the existing
cable and will be 312 inches in diameter. It will be armored and
weighted and there are nine layers of protection around the actual
cable. They intend to go through a manhole cover on the Salem side just
before the bridge. They will then go down the bank and across the beach
and mudflats and lay the cable under the water. This will be done by
barge during a high tide event. Dr. Mulligan added that the location of
the cable was determined in part by the location of the new
Beverly—Salem connector bridge abutments. They expect the cable will
sink into the mud There will be no alteration of the river bottom
topography and there will be no affect on fisheries, water quality, or
soft shell clam beds.
Raymond Lavender asked if there would be effect on moorings in the
area,and Dr. Mulligan felt there should be no effect whatever. Chris
Hagger asked if the existing cables would stay in place and Dr. Mulligan
replied in the affirmative, adding the life span, of these cables was
approximately 40 years. However, it is likely that with the
construction of the new bridge the cable will be removed before that
• time and coduits incorporated into the bridge for telephone cables.
Chris Hagger raised the issue of the existing cable preventing the new
cable from properly sinking in the mud and Dr. Mulligan felt this was
not a problem. He added that the cable will like 6" to 12" deep in the
mud and the cable is only 3z " in diameter. Chris Hagger asked if the
cable will be visible from the surface and Dr. Mulligan replied in the
negative. Chris Hagger asked what material was inside the cable and Dr.
Mulligan replied it was a non—toxic gelatine type of material which
stops the water from coming in and corroding the lines. The material is
made of a gum rubber type of base. It is standard inert material, very
common to the telephone company. Glenn Yale asked what would happen if
the cable were to rupture and Mr. Cooley replied the telphone company
would repair the cable, but this has never happened.
Chris Hagger asked who places the cable and Mr. Cooley replied it is
done by contract through the telephone company. Chris asked what would
happen if the installation was not completed in one day and Mr. Cooley
replied they would simply pull back what cable had been laid and wait
for another opportune day. The positioning of the cable can be done by
hand, as it weighs only 14 lbs. per foot.
Chris Hagger asked if the existing cables would be removed in the event
use was made of the new bridge and Mr. Cooley felt this was a
possibility. It was noted that . if the cable were to be removed, the
Commission would need to be notified. Further, it was recommended the
• Harbormaster and Waterways Advisory Board be notified of the telephone
company' s plans.
Upon the motion of Glenn Yale and second of Raymond Lavender, the public
hearing was closed. It was so voted.
• Minutes of Meeting--December 13, 1984 Page 3
Upon the motion of Glenn Yale and second of Alice Akatyszewski, the
Order of Conditions was signed referencing the submitted plan and
narrative. It was so voted.
It was noted by the Commission that the plans for the telephone company
cable also show the proposed new Beverly-Salem Bridge show a large area
which is proposed to be filled. In discussing the matter briefly with
the DPW, Philip Moran was informed that this plan was only one of
several concepts being considered. Therefore, the Commission should not
be overly concerned at this point.
PUBLIC HEARING--MBTA--CONSTRUCTION OF TEMPORARY TRAIN STATION AT BRIDGE
AND NORTH STREETS
Chairman Philip Moran read the notice of the public hearing.
Mr. Allan Hodges of Parsons Brinckerhoff, Ms.Jane Chmlienski of the
MBTA, and Dr. Hugh Mulligan of Gulf of Maine Research were present to
discuss the construction which has already taken place as a result of
the fire to the Beverly-Salem railroad bridge. The construction of the
temporary po ary train station was done specifically to accomodate the train
passengers displaced by the bridge fire.
• Dr. Mulligan stated that essentially what has been done is between 1"
and 4" of gravel have been removed from the site and taken to a private
landfill. The area is in the 100-year flood plain and within 100' of
the North River seawall. He added that with the removal of the gravel
there is a net displacement of zero.
Chris Hagger asked if the drainage is directed towards the river and Mr.
Hodges replied that the drainage grades were not disturbed. Chris asked
if any test borings were done to determine the content of the soil and
Jane Chmlienski noted that this type of work will be done when the
permanent facility is begun. Chris asked what the time frame for
construction of the new facility will be and Jane Chmlinenski stated
that they anticipate beginning in the 1986 construction season. Chris
asked if the storage of trains as they are doing presently is temporary
and Dr. Mulligan replied in the affirmative. Chris Hagger asked if the
parking area will be increased for the new facility and Jane Chmlienski
replied that this is still in the negotiating stages. They will be
submitting an EIR soon.
Chris Hagger raised the issue of the possible installation of gas traps
in catch basins and the consensus of the Commission that this could be
done when the permanent facility was constructed. Chris asked if they
intend to salt the parking lot during icy weather and Dr. Mulligan
indicated that the MBTA would be amenable to indicating a snow storage
removal plan and would also restrict the use of salt on the parking
• area.
Upon the motion of Chris Hagger and second of Alice Akatyszewski, the
public hearing was closed. It was so voted.
Minutes of Meeting--December 13, 1984 Page 4
Upon the motion of Chris Hagger and second of Alice Akatyszewski, the
Order of Conditions for the project will be written and signed with the
following additional conditions:
1. A snow removal plan shall be submitted to the Conservation
Commission for their review and approval.
2 . Use of salt as a de—icing agent on the site shall be prohibited.
It was so voted.
SHETLAND--CERTIFICATE OF COMPLIANCE
A letter from Shetland stating that the conditions of the original Order
had been met was read for the record.
Peter Kronenberg of Shetland Properties was present to answer any
questions the Commission may have. He noted that the bricks were
removed from the mudflat and disposed at acceptable landfill outside of
Salem. In response to a general question from the Commission, Mr.
Kronenberg further noted that the marina is still under consideration,
but they are waiting for clarification of the possibility of funding.
• Upon the motion of Alice Akatyszewski and second of Raymond Lavender,
the Certificate of Compliance was approved and signed. It5 was so
voted.
REPORT ON FIELD INSPECTIONS
The Commission inspected Legg' s Hill pond area and felt there was no
immediate problem. Mr. Mackey will be filing additional plans shortly
for the development of the site.
Regarding Mr. Mackey' s property on Broadway, the Commission will inspect
the area again on Saturday morning at 9:30 a.m. (December 15, 1984) .
It was noted that Mr. Linskey is continuing to store fill on the bank of
the North River; therefore, upon the motion of Glenn Yale and second of
Chris Hagger, a Cease and Desist Order will be issued to Mr. Linskey.
It was so voted.
Upon inspection of the Salem Willows Yacht Club new gas tank
installaltion, it was agreed their method is acceptable to the
Commission. It was suggested that the tank be inspected again prior to
backfilling over the site to ascertain that proper anchoring of the tank
was accomplished.
• OLD/NEW BUSINESS
It was felt by several members of the Commission that some attention
should be paid to any proposed land parcels owned by the City that are
slated for auction. The possibility of these parcels being placed under
the pervue of the Commission via the Conservation Land Trust.
Minutes of Meeting--December 13, 1984 Page 5
City Planner Kavanaugh felt this was a good idea and future parcels
slated for sale will be reviewed with this in mind.
BUDGET
Upon the motion of Alice Akatyszewski and second of Raymond Lavender,
the budget for FY 1986 was approved. It was noted the budget is level
funded except for a mandated 6% increase in the salary line. It was so
voted.
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 10:00 p.m.
The next meeting of the Commission will be on January 10, 1985.
Respectfully submitted,
Dale E. Yale
Staff Advisor to the Conservation
• Commission
.a
MINUTES OF MEETING
December 13 , 1984
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, December 13, 1984. Present were Philip
Moran, Paul Geoghegan, Glenn Yale, Christopher Hagger, Raymond Lavender,
and Alice Akatyszewski. Also present were City Planner Gerard Kavanaugh
and Staff Advisor Dale Yale. James MacDowell was absent.
Chairman Philip Moran called the meeting to order at 7:40 p.m.
DETERMINATION OF APPLICABILITY--WARREN WILLIAMSON, RIVERVIEW STREET
Chairman Philip Moran read the notice of the Determination.
This involves the proposed construction of a single-family dwelling on
Riverview Street , which is off Loring Avenue. The issue specifically is
the construction of a septic system with the possibility of the leaching
field being within the buffer zone.
It was noted by the Commission that the wetland area in question is
separated from the property by a road; therefore, no problem was
discerned.
Upon the motion of Glenn Yale and second of Christopher Hagger, it was
determined the proposal had no significance under the Wetlands
Protection Act. It was so voted.
PUBLIC HEARING--NEW ENGLAND TELEPHONE--PROPOSAL TO CONSTRUCT A SUBMARINE
TELEPHONE CABLE UNDER THE DANVERS RIVER BETWEEN BEVERLY AND SALEM.
Chairman Moran read the notice of the public hearing.
Dr. Hugh Mulligan of Gulf of Maine Research and Mr. George Cooley of New
England Telephone were present to discuss the proposal.
Mr. Cooley stated that the purpose of the proposed installation was to
provide increased telephone service between Salem and Beverly. Both
local and long distance service would be increased. The armored
submarine cable will encase 616 telephone lines. Seven-hundred fifty
feet of cable will be installed on the Salem side with a total of 1300
feet to be installed. The cable will be laid during one high tide event
and will be laid on the bottom of the river, with no disturbance of the
. river itself. The cable proposed to be laid is similar to what is now
there and is encased in protective armor to minimize damage to the
wires. They anticipate doing the laying of the cable in the Spring of
1985.
Minutes of Meeting--December 13, 1984 Page 2
Dr. Mulligan gave an outline of the permits needed for this project: A
Chapter 91 from Army Corps will be necessary, as well as a DEQE
Waterways permit. He added the cable will be laid along the existing
cable and will be 32 inches in diameter. It will be armored and
weighted and there are nine layers of protection around the actual .
cable. They intend to go through a manhole cover on the Salem side just
before the bridge. They will then go down the bank and across the beach
and mudflats and lay the cable under the water. This will be done by
barge during a high tide event. Dr. Mulligan added that the location of
the cable was determined in part by the location of the new
Beverly—Salem connector bridge abutments. They expect the cable will
sink into the mud There will be no alteration of the river bottom
topography and there will be no affect on fisheries, water quality, or
soft shell clam beds.
Raymond Lavender asked if there would be effect on moorings in the
area,and Dr. Mulligan felt there should be no effect whatever. Chris
Hagger asked if the existing cables would stay in place and Dr. Mulligan
replied in the affirmative, adding the life span of these cables was
approximately 40 years. However, it is likely that with the
construction of the new bridge the cable will be removed before that
time and coduits incorporated into the bridge for telephone cables.
Chris Hagger raised the issue of the existing cable preventing the new
cable from properly sinking in the mud and Dr. Mulligan felt this was
not a problem. He added that the cable will like 6" to 12" deep in the
mud and the cable is only 32 " in diameter. Chris Hagger asked if the
cable will be visible from the surface and Dr. Mulligan replied in the
negative. Chris Hagger asked what material was inside the cable and Dr.
Mulligan replied it was a non—toxic gelatine type of material which
stops the water from coming in and corroding the lines. The material is
made of a gum rubber type of base. It is standard inert material, very
common to the telephone company. Glenn Yale asked what would happen if
the cable were to rupture and Mr. Cooley replied the telphone company
would repair the cable, but this has never happened.
Chris Hagger asked who places the cable and Mr. Cooley replied it is
done by contract through the telephone company. Chris asked what would
happen if the installation was not completed in one day and Mr. Cooley
replied they would simply pull back what cable had been laid and wait
for another opportune day. The positioning of the cable can be done by
hand, as it weighs only 14 lbs. per foot.
Chris Hagger asked if the existing cables would be removed in the event
use was made of the new bridge and Mr. Cooley felt this was a
possibility. It was noted that if the cable were to be removed, the
Commission would need to be notified. Further, it was recommended the
Harbormaster and Waterways Advisory Board be notified of the telephone
company' s plans.
Upon the motion of Glenn Yale and second of Raymond Lavender, the public
hearing was closed. It was so voted.
Minutes of Meeting--December 13 , 1984 Page 3
Upon the motion of Glenn Yale and second of Alice Akatyszewski, the
Order of Conditions was signed referencing the submitted plan and
narrative. It was so voted.
It was noted by the Commission that the plans for the telephone company
cable also show the proposed new Beverly—Salem Bridge show a large area
which is proposed to be filled. In discussing the matter briefly with
the DPW, Philip Moran was informed that this plan was only one of
several concepts being considered. Therefore, the Commission should not
be overly concerned at this point.
PUBLIC HEARING--MBTA--CONSTRUCTION OF TEMPORARY TRAIN STATION AT BRIDGE
AND NORTH STREETS
Chairman .Philip Moran read the notice of the public hearing.
Mr. Allan Hodges of Parsons Brinckerhoff, Ms.Jane Chmlienski of the
MBTA, and Dr. Hugh Mulligan of Gulf of Maine Research were present to
discuss the construction which has already taken place as a result of
the fire to the Beverly—Salem railroad bridge. The construction of the
temporary train station was done specifically to accomodate the train
passengers displaced by the bridge fire.
Dr. Mulligan stated that essentially what has been done is between 1"
and 4" of gravel have been removed from the site and taken to a private
landfill. The area is in the 100—year flood plain and within 100' of
the North River seawall. He added that with the removal of the gravel
there is a net displacement of zero.
Chris Hagger asked if the drainage is directed towards the river and Mr.
Hodges replied that the drainage grades were not disturbed. Chris asked
if any test borings were done to determine the content of the soil and
Jane Chmlienski noted that this type of work will be done when the
permanent facility is begun. Chris asked what the time frame for
construction of the new facility will be and Jane Chmlinenski stated
that they anticipate beginning in the 1986 construction season. Chris
asked if the storage of trains as they are doing presently is temporary
and Dr. Mulligan replied in the affirmative. Chris Hagger asked if the
parking area will be increased for the new facility and Jane Chmlienski
replied that this is still in the negotiating stages. They will be
submitting an EIR soon.
Chris Hagger raised the issue of the possible installation of gas traps
in catch basins and the consensus of the Commission that this could be
done when the permanent facility was constructed. Chris asked if they
intend to salt the parking lot during icy weather and Dr. Mulligan
indicated that the MBTA would be amenable to indicating a snow storage
removal plan and would also restrict the use of salt on the parking
area.
Upon the motion of Chris Hagger and second of Alice Akatyszewski, the
public hearing was closed. It was so voted.
Minutes of Meeting--December 13 , 1984 Page 4
Upon the motion of Chris Hagger and second of Alice Akatyszewski, the
Order of Conditions for the project will be written and signed with the
following additional conditions:
1. A snow removal plan shall be submitted to the Conservation
Commission for their review and approval.
2. Use of salt as a de—icing agent on the site shall be prohibited.
It was so voted.
SHETLAND--CERTIFICATE OF COMPLIANCE
A letter from Shetland stating that the conditions of the original Order
had been met was read for the record.
Peter Kronenberg of Shetland Properties was present to answer any
questions the Commission may have. He noted that the bricks were
removed from the mudflat and disposed at acceptable landfill outside of
Salem. In response to a general question from the Commission, Mr.
Kronenberg further noted that the marina is still under consideration,
but they are waiting for clarification of the possibility of funding.
Upon the motion of Alice Akatyszewski and second of Raymond Lavender,
the Certificate of Compliance was approved and signed. It5 was so
voted.
REPORT ON FIELD INSPECTIONS
The Commission inspected Legg' s Hill pond area and felt there was no
immediate problem. Mr. Mackey will be filing additional plans shortly
for the development of the site.
Regarding Mr. Mackey's property on Broadway, the Commission will inspect
the area again on Saturday morning at 9:30 a.m. (December 15, 1984) .
It was noted that Mr. Linskey is continuing to store fill on the bank of
the North River; therefore, upon the motion of Glenn Yale and second of
Chris Hagger, a Cease and Desist Order will be issued to Mr. Linskey.
It was so voted.
Upon inspection of the Salem Willows Yacht Club new gas tank
installaltion, it was agreed their method is acceptable to the
Commission. It was suggested that the tank be inspected again prior to
backfilling over the site to ascertain that proper anchoring of the tank
was accomplished.
OLD/NEW BUSINESS
It was felt by several members of the Commission that some attention
should be paid to any proposed land parcels owned by the City that are
slated for auction. The possibility of these parcels being placed under
the pervue of the Commission via the Conservation Land Trust.
y
m Minutes of Meeting--December 13, 1984 Page 5
City Planner Kavanaugh felt this was a good idea and future parcels
slated for sale will be reviewed with this in mind.
BUDGET
Upon the motion of Alice Akatyszewski and second of Raymond Lavender,
the budget for FY 1986 was approved. It was noted the budget is level
funded except for a mandated 6% increase in the salary line. It was so
voted.
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 10:00 p.m.
The next meeting of the Commission will be on January 10, 1985.
Respectfully submitted,
Dale E. Yale
Staff Advisor to the Conservation
Commission
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