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1985-CONSERVATION COMMISSION • MINUTES OF MEETING January 10, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room on Thursday,. January 10, 1985. Present were Philip Moran, RaymondP Lavender, Christopher Hagger, and Glenn Yale. Also present were City Planner Gerard Kavanaugh and Staff Advisor Dale Yale. Paul Geoghegan and Alice Akatyszewski were absent. Chairman Philip Moran called the meeting to order at 7:40 p.m. PHASE VI SEWER PROJECT--PUBLIC HEARING Chairman Philip Moran read the notice of the public hearing. Mr. Kevin O'Brien of C. E. Maguire and Director of Public Services Paul Niman were present to discuss the City's on-going plan to upgrade the sewer system. The area presently in question is in North Salem, bordering the North River. Mr. O'Brien delineated the area on a map of the City. They are currently studying the area and hope to have enough hydraulic gradient to keep away from the wetland. Public Services Director Paul Niman confirmed the necessity for the • project, adding the area is frequently experiencing collapses and speculation is that there is no sewer at all in some areas and there is serious leaching into the North River. In response to a further question from Glenn Yale, Mr. Niman added the area has a history of problems, including cross connections with storm drains which will be corrected under the replacement. Keving O'Brien noted that in some areas they are also looking into re-locating the pipe so it will not be going through people's back yards. Philip Moran asked if there are any legal problems anticipated with obtaining easements and Mr. O'Brien replied in the negative. In response to a further question from Mr. Moran, Mr. O',Brien noted they do not intend to replace the siphon under the river, just clean it out. Chris Hagger expressed some concern for the cross connections and Mr. O'Brien noted the storm drains currently drain into the North River. The sewer surcharges into the storm drains. They intend to eliminate the connections, so the storm drains will still function properly. Glenn Yale asked what their time table was and Mr. O'Brien replied they hope to hear from the State as to the availability of funding with the next six weeks. The design will take six to twelve months. Mr. Yale expressed concern that there were currently no plans available and it • was noted that a condition of the receipt of the grant was the obtaining of all necessary permits. They also plan to go before the Planning Board for a Wetlands and Flood Hazard Special Permit. Mr. Niman added that when construction drawings are prepared, they will return to the • 2 Commission so that the Commission can review them in detail . Mr. O'Brien added that particular consideration would take place of the portions of the project which are within the wetland area. Upon the motion of Glenn Yale and second of Chris Hagger, the public hearing was closed. It was so voted. Upon the motion of Glenn Yale and second of Raymond Lavender, the Order of Conditions will be signed with the following conditions: 1. Engineering drawings of the project, particularly those areas bordering the North River, shall be submitted to the Conservation Commission for their review and approval thirty days prior to the commencement of work. It was so voted. COLLINS COVE--PUBLIC HEARING Chairman Philip Moran read the notice of the hearing and noted the hearing will be deferred to our next meeting on January 24, 1985. STORY STREET • In response to a letter sent to Steve Lovely regarding fill material being placed abutting his property in the wetland area, Mr. Lovely was present to give the Commission some background in to the issue. Mr. Lovely noted the site has had a history of dumping and when he purchased the property in 1981, he found it was difficult to police the continuous dumping in the area. In an effort to rehabilitate the site, Mr. Lovely attempted to excavate out some of the materials which existed. Upon excavating he found evidence of washing machines, tires, an abandoned auto, etc. He, therefore, felt it was too large a proposition to try and excavate out what existed. Therefore, upon learning he had an opportunity to obtain some fill, he brought in some clean fill material to "dress up" the site and cover up the unsightly material existing there. He added there was a rat problem there as well and in bringing in the fill he was hopeful of clearing up the problem. He felt the complaint the Commission received regarding the fill was a "grudge" matter and had little to do with wetland issues. It was asked how much fill material was brought in and Mr. Lovely replied he brought in approximately ten eighteen wheelers' full of material which he graded off from his property out to the wetland and "paper street" which exists there. He added there is some dispute as to where his actual property line is as well. He did not place the fill in • any wetland area and he noted that at the time he had asked Susan Madison if he needed any permission to proceed to which she replied in the negative. • -3- It was noted that the filled area appears to go out approximately forty feet on to the paper street (Champlain Ave. ) . It was further pointed out that ..the area is part of the South River Flood Control project which severely limits activity. Following some further discussion, it was decided to inspect the site after snow melt and make a determination at that time as to the Commission's jurisdiction. MINUTES Upon the motion of Raymond Lavender and second of Christopher Hagger, the Minutes of the previous meeting were approved. It was so voted. OLD BUSINESS Philip Moran will inspect the Salem Willows Yacht Club tank installation. They are ready to backfill the tank. A letter will be sent to the Wenham Conservation Commission reiterating the Commission' s opposition to a proposed development on Wenham Lake. It was agreed that if this development is allowed, the Conservation Commission would likely appeal it. • SALEM-BEVERLY BRIDGE--PUBLIC HEARING Chairman Philip Moran read the notice of the public hearing. Ms. Jane Chmlienski of the MBTA, Mr. Richard O'Brien of the MBTA, and Mr. Allan Hodges of Parsons-Brinckerof were present to discuss their proposal to repair the burned out swing span and reconstruct the trestle 'of the Salem-Beverly railroad bridge. t Mr. O'Brien presented the plan to the Commission. He noted the Salem side of the trestle was completely destroyed, the Beverly side was basically untouched. There was some damage to the swing span which is now in the open position. The MBTA elected to pursue maintaining the existing swing span with updated equipment and rebuild the entire trestle with fireproof materials. They intend to construct the new bridge of pre-case concretewith a ballasted deck. The piles will be 14" pre-cast concrete and the pile bents will be spaced 32-1/2 on senter. There will be no change in grade on the Beverly side and on the Salem side there will be an increase in grade of approximately two feet. Mr. O'Brien noted that demolition has already begun on the burned bridge per orders of the Coast Guard. A floating boom has been installed to • contain debris and upon completion of the demolition, the bottom will be inspected by divers to ascertain there are no hazards remaining. The existing pilings will be cut off at the mud line except at the center of I -4- of the bridge where the pilings will be pulled out. Here they plan to install battered piles to avoid resistance, so the existing piles have to be removed. Chris Hagger asked what kind of piles they will be using and Mr. O'Brien replied they intend to install 14" square pre-cast concrete piles. The new pile bents will fall between the existing piles Philip Moran asked how far down the existing piles were and ased if there was any possibility of the cut piles popping up when the new piles are driven in and Mr. O'Brien felt there was some potential for this happenkng, but the location would preclude this. They do not anticipate any problems. Chris Hagger asked how far away the new piles will be from those existing and Mr. O'Brien replied they will be 5' to 6' away. He does not anticipate any problems. Chris Hagger asked how dee the water was at that point and Mr. O'Brien P replied that mean low water was elevation 4.84, which is 15 ' below the bridge. Chris asked what the minimum clearance was and Mr. O'Brien repleid at mean high water there is a minimum of 8' of clearance. Glenn Yale asked about the design of the cribbing and Mr. O'Brien replied this had not been determined as yet. It is felt that what they • design will have minimal impact and they intend to stay within the existing slopes. They intend to construct either a concrete retaining wall or rip-rap. They will return to the Commission with this information if they Commission so desires. Chris Hagger asked about the time frame and Mr. O'Brien replied they hope to begin in early Spring. Chris Hagger asked if they intend to have divers inspect the site upon completion of the project and Mr. O'Brien replied that this requirement is included in the construction specifications. Ralph Hobbs of the Waterways Advisory Board asked if the swing span would be improved and Mr. O'Brien replied in the affirmative, adding the controls will now be from the middle of the trestle on the Beverly side. Glenn Yale asked if they intend to sandblast the trestle and Mr. O'Brien replied they may have to do some, but precautions would be taken to protect the waterway. Mr. Hodges added that in Boston a canvas was hung to catch any dust. Glenn Yale asked if the piles are considered hazardous and Mr. Hodges replied that DEQE has determined that they are not hazardous; however, they will be trucked to an approved landfill . Mr. O'Brien added that the demolished piles are collected daily and the delivery slip is filed + • daily with Parsons Brinckerof. • 5_ Upon the motion of Chris Hagger and second of Glenn Yale, the public hearing was declared closed. 'It was so voted. Upon the motion of Glenn Yale and second of Chris Hagger, the Order of Conditions will be written at our next meeting, it was so voted. Mr. Hodges noted that the MBTA will be filing a Notice of Intent for some work they propose to do along the rail lines. They plan to do some track replacement and tree and brush cutting while rail traffic is down. There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was adjourned at 10:00 p.m. Respectfuly/( ,submitted, - �l.l-lam• � I Dale E. Yale Staff Advisor to the Conservation iCommission • j • MINUTES OF MEETING January 24, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Thursday, January 24, 1985. Present were Philip Moran, Glenn Yale, Raymond Lavender, and Paul Geoghegan. Also present was Staff Advisor Dale Yale. Christopher Hagger and Alice Akatyszewski were absent. Chairman Philip Moran called the meeting to order at 7 :32 p.m. PUBLIC HEARING--COLLINS COVE BANK STABILIZATION Chairman Philip Moran read the notice of the public hearing. Ms. Beverly Estes—Smargiassi from the Salem Planning Department and Mr. Erland Townsend, an engineer were present to discuss the City' s proposal to address the wall located adjacent to the Collins Cove playground. Mr. Townsend noted the first section of the present wall was in very poor condition. The question was raised as to what type of project could be done to stabilize the wall to avoid further deterioration. He noted the wall is constructed of granite blocks. It is the City' s intention to stabilize the wall within a financially feasible framework. • The City proposes to go in from the back of the the existing wall for approximately fifteen feet. They plan to excavate behind and re—grade. The present section will be laid down on a slope and will serve as a rip—rap. Approximately fifteen feet of the park will be lost, but it is not in the area of the playground or basketball or baseball areas. Ms. Estes—Smargiassi added that the fifteen foot strip which will be eliminated is pocketed with holes from storm erosion. What is proposed should stabilize the bank to a point where further eriosion would not take place. Glenn Yale asked why they were planning on a slope configuration and Mr. Townsend replied this was the most cost effective. Glenn Yale asked the thickness of the wall and Mr. Townsend replied it was variable and rather difficult to determine. The wall consists of two to three foot face squares, each about 12" to 18" thick plus rubble, so there is no easy to determine the actual thickness. Paul Geoghegan asked if a sloped wall would be more durable and Mr. Townsend replied there would not be a great deal of difference; however, the sloped wall would be easier to maintain. He noted that the proposed plan would allow for corrction of any movement. Glenn Yale asked if any filling would be undertaken and Mr. Townsend • replied in the affirmative, but there would be no more than what is now present. Mr. Yale asked if there was a potential for contaminated materials being encountered upon excavation and Mr. Townsend replied he does not anticipate this , but if they do, they will follow all the proper guildlines for disposal. Glenn Yale asked if the work is to be -2- done from the landward side and Mr. Townsend replied in the affirmative. He added they would leave the toe stones in place . Mr. Yale asked if all the stone will be needed or will some have to be removed. Mr. Townsend stted some will be removed from the site and will be disposed of at an approved location in an approved manner. Beverly Estes-Smargiassi noted that the filing of this Notice of Intent is a requirement of the process for obtaining the funding for the project. The Planning Department is applying for grant funding from Coastal Zone Manangement. The estimated cost of the project is $50,000 or less and the funding is a 50-50 grant. They will know in eary February if the funding will be available. Upon the motion of Glenn Yale and second of Raymond Lavender, the Order of Conditions was approved referencing the submitted plans and specifications. It was so voted. SWAMPSCOTT ROADIPRELIMINARY DISCUSSION Mr. Rick Moore and Mr.Bill Rizzo of Rizzo Associates and Mr. David Ebershoff, a developer interested in the purchase of the Ragone property on Swampscott Road were present to give the Commission an overview of a proposal to develop a parcel on Swampscott Road next to the Transfer Station. Mr. Ebershoff gave a brief description of the proposal. He noted the site has many problems, but he is interested in constructing a self-storage type of operation which would include incubator manufacturing space. He noted that trends indicate this type of use is becoming increasingly popular. It provides a multitude of uses. The project will be aesthetically pleasing--clapboard siding with extensive landscaping--and will consist of modules of storage space. The front module will include heated space, a small office and lavatory. Twenty-four security will be provided, the area will be fenced and no City services will be necessary except for the rest room facility and a home for the on-site manager. Traffic impact will be minimal . Philip Moran asked if there was a capability for these storage modules being turned into retail space and Mr. Ebershoff felt it was unlikely. Mr. Rick Moore gave the Commission on overview of the present situation. The current Order of Conditions allowed the current owners to fill. They also were allowed to divert the stream which is a tributary of the Forest River. The original Order also allowed a former backwater to become a pond. The pond is at elevation 68.7. What is required is 70.5. An outlet channel was placed below the required level. The fill material is questionable and they now plan to expose the fill material and compact what fill is acceptable. Any unacceptable fill will be removed to an approved landfill site. They are presently undertaking a hazardous waste study. This includes testing of the surface and ground water as well. • • —2— What they propose will in efffect eliminate the bordering wetland and replace it with a landscaped slope and enclose the rock outlet with a five foot culvert which will be covered. Mr. Ebershoff noted the pond will be cleaned up as well and the culvert will serve as a control which will bring the pond level up to 75.5 feet which is the elevation of the 100—year flood. There will be a landscaped border along the edge of the property. The outlet structure will be a five foot circular culvert with a cover. They intend to take advantage of the natural storage of the pond. Secondly, they intend to reduce the peak flow downstream and eliminate drainage problems experienced on Swampscott Road. The culvert will also eliminate the hazard the steep bank of the blasted outlet represents and provide additional developable land. Glenn Yale asked if they were currently under a Purchase and Sale agreement and Mr. Ebershoff replied in the affirmative. Mr. Moore noted the installation of the culvert will have minimal effect on the elevation of the pond and would reduce the outflow. Glenn Yale asked if the culvert was not placed, would the storage • capacity of the pond be affected and Mr. Moore replied that the present ditch can handle the larger flows, but the 24" and 36" culverts downstream are inadequate. They feel the best route to take is to take advantage of the storage of the pond and alleviate the problems downstream. Glenn Yale questioned the need for a culvert 200' in length. He asked why some other type of control would not be as effective and Mr. Ebershoff replied that it does not help from a development standpoint, but is more aesthetically pleasing and eliminates a safety hazard. Glenn Yale asked if a weir would provide the same type of control and .Mr. Moore felt it would. Mr. Yale pointed out that a weir would be less costly than 200' of culvert. There followed several minutes of discussion as to the merits of installing a culvert vs. another type of control structure. Glenn Yale expressed concern for the installation of 200' of culvert. Paul Geoghegan asked if the abutters would be affected by the increase in the storage in the pond and Mr. Moore replied it was minimal--back ups regularly occur as it stands presently. Mr. Moore gave the Commission on overview of the report prepared for the EPA and noted that Marblehead' s major concern was the possibile introduction of salt into the river which could impact on Marblehead' s • secondary water supply in Thompson' s Meadow. They would agree not to use and salt as a de—icing agent. They would also agree to provide necessary maintenance to the culvert and gas traps installed in the catch basins and would employ the neceessary erosion control measures • —3— during construction. Waste disposal will be tied into the sewer presently being installed on First Street. It will be lifted via a pump station. Water will be obtained from the main line which ends in front of the Transfer Station. Glenn Yale will discuss the issue of the culvert further with the consultants and they will be filing for the project in the near future. MBTA--ORDER OF CONDITIONS Upon the motion of Raymond Lavender and second of Glenn Yale, the following conditions will included in the Order for the MBTA Salem Beverly Railroad Bridge: 1. The contractor shall remove all temporary structures, surplus materials and rubbish which the contractor may have accumulated during the progress of th work and will leave the area in a neat, orderly, and safe condition. 2. All demolition material shall be disposed in to approved dumping facility. The name and location of the facility shall be furnished to the Conservation Commission. Copies of the delivery certificates, dated, signed by the contractor and the displsal site manager shall be • furnished to the Conservation Commission. 3 . Prior to commencement of work, the contractor shall furnish, install and maintain a boom system capable of capturing all floating debris around the west and.east trestles. The boom shall not encroach on the navigation channel. The boom system shall be capable of accomodating tidal fluctuations and withstanding the force of the currents. 4. Certified divers shall be engaged to locate all remaining debris at the bottom of the river. All such debris shall be removed and the bottom shall be cleared to insure that debris is removed for the full length of both approach trestles. The divers shall verify that piles have been cut off at the mudline, or removed as shown on the plans. 5. Protective measures shall be undertaken to avoid contamination of the river during any sandblasting of the swing span. 6. The design of the proposed cribbing for the Salem side of the trestle shall be submitted to the Conservation Commission for their review and approval thirty days prior to the project goes out to bid. It was so voted, with the Chairman noting that in order for the conditions to be legal , a quorum of the members of the Commission must. According to Massachusetts General Law, as long as a sitting member of the Commission has reviewed the Minutes relative to the issue being • voted upon, unless there is objection from the floor, that person may vote upon and sign the Order of Conditions even though that member was �J -4- not present at the time of the discussion. There being no objections, Paul Geoghegan voted upon and signed the Order of Conditions. In drafting the conditions,the issue of shellfish protection was addressed and it was agreed that any displacement of the shellfish beds in the area would be remedied with time and it was not a significant enough issue to include in an Order of Conditions. LINSKY In response to a Cease and Desist Order issued to Mr. Linsky on December 13 , 1984, Mr. Linsky was present to discuss alternative measures to alleviate the situationb. He noted he is only storing the material temporarily until Spring when his contracting business will resume. The Commission pointed out that there were several examples of unacceptable materials such as plaster, bituminous, etc. on the site and Mr. Linsky replied those were not his responsibility. Very often people use his property for illegal dumping. He feels 90% of the fill was there before he purchased the property. He has tried to police the site, but has not been entirely successful. Upon the motion of Glenn Yale and second of Raymond Lavender, the matter will be tabled until Spring when the site can be inspected, with the specific stipulation that no further fill be placed on the site. It was so voted. MINUTES Upon the motion of Raymond Lavender and second of Paul Geoghegan, the minutes of the previous meeting were approved. It was so voted. OLD BUSINESS Two letters will be sent regarding the Wenham Lake issue--one to the Wenham Conservation Commission congratulating them for their decision to deny the proposed subdivision abutting Wenham Lake and one to Mayor Monahan of Beverly expressing the Commission' s support for the possible acquisition of the property to protect it from further development. There was considerable discussion on the proposals the Commission has seen which address the large amount of fill anticipated for the construction of the new Salem-Beverly by-pass bridge. It was suggested that a letter be sent to DPW as soon as possible asking them to appear before the Commission and give the Commission an overview of their intentions. It was generally agreed that the amount of fill shown on the plans we have seen thus far would not be acceptable to the Commission. • There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was declared adjourned at 9:45 p.m. 44L � . vce_� A J • MINUTES OF MEETING February 14, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Thursday, February 14, 1985. Present were Paul Geogeghan, Raymond Lavender, Alice Akatyszewski, and Glenn Yale. Also present was Staff Advisor Dale Yale. Philip Moran and Christopher Bagger were absent. Vice-chairman Glenn Yale called the meeting to order at 7:35 p.m. PUBLIC HEARING--MBTA; RAIL AND TRACK IMPROVEMENTS Vice-chairman Yale read the notice of the public hearing. Dr. Hugh Mulligan, consultant to the MBTA, introduced Jane Chmielinski of the MBTA, Steve Erickson of T.K. Dyer, and Marilyn Rowand of Parsons Brinckerhoff, all of whom are involved in the current rail and bridge construction between Beverly and Salem. Dr. Mulligan stated that what is proposed tonight are track • improvements which are within the 100-year storm and wetland areas and signal improvements within the wetland area. Mr. Steve Erickson of T. K. Dyer noted that as a result of the cessation of service between Salem and Beverly, the T is interested in doing some maintenance improvements on the rail line. They propose to cut brush along the tracks, chip the brush into mulch and spread it along the tracksides. The larger branches, together with the any accumulated refuse, will be removed to an accepted landfill site. Further, they intend to replace approximately 1200 ties between the location of the proposed new station and the Salem-Beverly bridge and install new rail over the replaced ties. He noted the new rail will be of a heavier weight (132 lb. as opposed to 107 lb. presently) which ' will give a smoother ride. Further, they plan to install new signals and electric gates on the new bridge. The issue of the location of the new signal was raised and Dr. Mulligan noted that if the present concrete post has to be removed, the Commission will be notified; however, it is anticipated that they will install the new signal on the existing post. Glenn Yale asked where the debris and branches will be disposed and Mr. Erickson replied they will be sent to an approved disposal site. Mr. Yale asked if this was part of the bid specifications and Mr. Erickson replied they would be happy to include this stipulation. • Upon the motion of Raymond Lavender and second of Alice Akatyszewski the public hearing was declared closed. It was so voted. Upon the motion of Alice Akatyszewski and second of Raymond Lavender, the Order of Conditions referencing the specifications with the r • -2- stipulation that the debris be disposed at an approved disposal site be referenced. It was so voted. ROBERT KART--DETERMINATION OF APPLICABILITY Vice-chairman Glenn Yale read the notice of the Determination. Dr. Robert Kart, a Veterinarian on Highland Avenue was present to discuss his proposal to connect a floor drain in his basement to the City sewer and install some type of retention structure to contain any drainage from the washing down of his animal run area from leaching into the wetland. What he is proposing is to cap off an existing drain pipe which drains directly into the wetland, tie in a second drain pipe to the City sewer and construct a retaining wall to contain any water in the paved run area. Two small pump stations will be installed to handle the sewer tie-in. He added it will be necessary to dig a trench for a footing to construct his retaining wall. This trench will be within the buffer zone. Following some discussion on the proposal , it was suggested that a raised berm around the paved run area could accomplish the same thing as a retaining wall. Dr. Kart was agreeable to this and it was noted there • would be less impact on the wetland area by avoiding the digging of the trench for a footing and retaining wall. Upon the motion of Alice Akatyszewski and second of Raymond Lavender, it was determined the proposed work is not significant to the Wetlands Protection Act providing that any fill that is displaced be stored - upland, proper erosion control measures are followed in the removal of the existing pipe, and the area be re-loamed and re-seeded following construction. It was so voted. JOHN KEANE--EXTENSION OF ORDER OF CONDITIONS Upon the motion of Alice Akatyszewski and second of Paul Geogeghan, the Order of Conditions for John Keane of Riverview Road (#64-93) . It was so voted. MINUTES Upon the motion of Raymond Lavender and second of Paul Geogeghan, the Minutes of January 24, 1985, were approved. It was so voted. NEW BUSINESS A letter from Mr. Clayton Smith of Pierce Road was read which addressed the need for the replacement of the bollards to keep cars out of the Conservation Area. Ray Lavender and Paul Geogeghan will visit the site • and inform the Commission of their conclusions. -3— 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, / '—L g: Dale E.Yale Staff Advisor • i • MINUTES OF MEETING February 28, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Thursday, February 28, 1985. Present were Philip Moran, Glenn Yale, Paul Geoghegan, and Alice Akatyszewski. Also present was Staff Advisor Dale Yale. Raymond Lavender and Christopher Hagger were absent. Chairman Philip Moran called the meeting to order at 7:35 p.m. EXTENSION OF ORDER OF CONDITIONS--RAGONEi SWAMPSCOTT ROAD (#64-73) Mr. Rick Ragone was present to discuss the extension of his Order of • Conditions. He stated he was presently in the process of conveying his property to Mr. David Ebershoff of Colorado. An extension is required in order to complete the transaction. Upon the motion of Glenn Yale and second of Alice Akatyszewski , the Order of Conditions was extended for a period of sixty (60) days. It , e was 'so vo4ed. PUBLIC HEARING--MODIFICATION OF ORDER OF CONDITIONS #64-73, DAVID EBERSHOFF, SWAMPSCOTT ROAD Chairman Philip Moran read the notice of the public hearing. Mr. Rick Moore and.Mr. William Rizzo of Rizzo Associates and Mr. Richard Stafford, attorney for Mr. Ebershoff, were present to discuss the proposed plan with the Commission and answer any questions that may arise. Mr. Rizzo noted that two meetings ago the Commission was given an • —2— overview of the proposal. The proposal involves a site on Swampscott Road approximately 1/4 mile from Highland Avenue. The site consists of primarily filled land with a small area of unfilled wetland and a channel which has been blasted out which diverts the stream which previously ran through the property along the property line. They propose to construct a small tenant business park of approximately 120,000 square feet. The development will be divided into two categories--the first being a small tenant warehouse and industrial space which will include an office, lavatory and storage or assembly facility. The balance of the project (approximately 100,000 square feet) will consist of self—storage units from closet size to garage size for unheated storage. There will be no lavatories, heat, or other • amenities. Mr. Rizzo added that there will also be a resident manager on the site and security, secretarial services and a copy machine, etc, will be provided in the smaller space. The development will consist of four buildings--two two—story storage buildings, one one—story storage building and one building which will combine two—story storage space and a one story portion for office and incubator space. It was noted that Mr. Ebershoff has constructed this type of development in several areas over the country and has had much success. The design shows a residential theme and the property is well landscaped. There is an existing Order of Conditions on the site and they wish to modify the Order in the following ways: 1) They propose a residence on the site for a full—time manager; 2) They will not construct a septic system, but will tie into the sewer line being constructed from the extension of First Street out to Swampscott Road; 3) they propose to construct a culvert in place of a portion of the open outlet channel. They wish a modified Order of Conditions to proceed with the project. They have. • requested a Wetlands Special Permit from the Planning Board and have received preliminary approval for IDFA funding. -3— Mr. Rick Moore of Rizzo Associates proceeded to give the Commission a detailed overview of the proposal. He presented a grading and drainage plan and noted that new fill would be needed in some areas in order to bring the site up to grade. They plan to develop five acres of the total 10—acre site. Two acres of the site will be building, one acre will be parking, and one acre will be landscaped border. All utilities will come off of Swampscott Road/First Street and they will stabilize the bank with rip—rap and loam and seed the bank bordering the pond. Mr. Moore added that four catch basins are located on the site. Mr. Moore stated that, according to the concerns raised at the first meeting, three issues need to be addressed this evening: 10 Approach to the site work, 2) culvert, and 3) flood elevations. tRegarding the aproach to the site work, Mr. Moore stated that the Forest River has already been diverted under the original Order of Conditions. There has been some question as to the content of the fill material which has been placed on the site. They plan to expose the material with a bulldozer, remove any unsuitable fill, and place and compact what remains, together with adding any necessary additional fill material. The question of hazardous waste on the site has been raised and four sampling wells and soil samples taken on the site indicate not hazardous material is present. Any hazardous waste which is encountered will be removed. Glenn Yale asked if the entire area has been turned over and Mr. Moore replied only the newly filled areas. Glenn Yale asked to what depth the areas have been turned over and Mr. Moore replied approximately to the pond elevation. Mr. Moore added that in some areas some fill will have to be replaced in order to provide proper stability for the building. • • —4— Glenn Yale raised the issue of any hazardous material being encountered and Mr. Moore replied they would follow the proper procedures for the removal. of hazardous waste materials. Mr. Yale asked if a responsible party would be present during excavation and Mr. Moore replied in the affirmative. Regarding the proposed culvert, they wish to install a culver, five feet in diameter, in a portion of the blasted channel. The pond elevation will be raised as a result of this approximately two feet, which is consistent with the present Order of Conditions. The culvert will extend for a total of 1201 , which is a reduction from the original proposal of 200' . They wish to install this culvert because of safety reasons. • Glenn Yale asked about the present slopes existing on the site and Mr. Moore noted that they are presently approximately two vertically'- to one horizontally. To conform to the existing Order of Conditions the slope should be 1 : 1. Philip Moran raised the issue of a safety grate being installed at the end of the culvert to keep children from walking through it. Mr. Moore replied they had not planned on this, but felt it could be done. He added that the entire site would be fenced. Mr. Moore noted that a culvert would provide for a more aesthetically pleasing effect, there would be no adverse enviornmental impact--the channel is now rock, there is no biological habitat, and, while the culvert may establish a precedent in concept, the Forest River is not in its original condition at this point anyway and enclosing it at the point could. be of some benefit. They have removed a portion of one • building to accomodate the reduction in the length of the culvert. Regarding flood elevations and flood control, there is no significant change and what they propose will provide a permanent control downstream which would alleviate a serious existing problem. What they are proposing is making better use of the pond for storage. The pond elevation will be raised two feet which is authorized by the present Order of Conditions. Regarding pollution control, It was noted that Thompson's Meadow could be affected by this project, or any project proposed for the Swampscott Road area. Mr. Moore stated that it has been determined that urban run—off is not detrimental to groundwater and there is a natural filtration which takes place. They will not use and sodium for de—icing purposes on the project. Further, run—off control will prevent solids from being washed. into Thompson' s Meadow. He also added that all wastewater will be pumped to the municipal sewer. Philip Moran asked if the oily sheen which was observed during the . testing was further analyzed and Mr. Moore pointed out there could possibly be some residue from some drums which were found on the site. However, sampling found nothing of major concern. Glenn Yale asked how the calculations for the 100—year storm were determined and Mr. Moore replied they were calculated by Rizzo Associates tand were accurate to plus or minuw one foot. The wetland ' areas were determined by the mapped areas made available by the City. Y Mr. Anthony Corso, of Swampscott Road, stated he was not opposed to the project, but was concerned with the possiblity of flooding of his property. He owns the property directly adjacent to the parcel in question. Mr. Moore pointed out the catch basins located on the site and noted that 80% of the run—off will discharge to the pond and the remaining 20% will be discharged through the catch basins and will discharge below Mr. Corso' s property. Mr. Corso felt that a great deal of the development in the past several years has impacted his property. _6— It was pointed out by Mr. Moore that there will be no significant difference between what is proposed and what presently exists. Mr. John Ingemi of Highland Avenue stated he is in favor of the proposal, but also is concerned with the impact of this development on his property. He was assured by ,Mr. Moore and members of the Commission that the impact will negligible. Glenn Yale asked what siltation and erosion control plans they were planning to employ and Mr. Moore replied they will use staked hay bales. Philip Moran asked if -they had received Chapter 21E approval and Mr. Moore replied in the affirmative. • The Order of Conditions will be signed and issued at our next meeting. FAFARD Attorney John Serafini , Mr. George Seeley of Fafard, and Mr. Danny Drake of Fafard were present to give the Commission a brief update on their proposals. The subdivision of Whalers Lane, a road intended to serve their residential development of approximately 500 units, will be heard before the Planning Board on March 7. If the Conservation Commission has any specific comments, they can forward them to the Planning Board at that time. Mr. Drake showedtheproposed plan and pointed out the roadway which is anticipated. They continue to comply with the Order of Conditions issued by DEQE. Mr. Drake noted that the buildings will be fit into the contours of the land and they anticipate 138 buildings will be • construccted. He noted the HMM calculations were based on a proposed 800—plus units. The project will be constructed in three phases and Mr. Serafini noted that eventually a Certificate of Compliance will be required. Upon the motion of Glenn Yale and second of Paul Geoghegan, the Conservation Commission will inform the Planning .Board of their concurrence with the proposed plan. It was so voted. WENHAM LAKE The Salem Conservation Commission has been requested to participate in an appraisal of the Wenham Lake property owned by Beverly and Salem. This appraisal would be the first step in the possible acquisition of the parcel through state funding in order to protect the area from any future development. • Upon the motion of Glenn Yale and second of Alice Akatyszewski, a request will be made to the Mayor to appropriate $4000 as one-half of the anticipated cost of the appraisal. It was so voted. MINUTES r Upon the motion of Paul Geoghegan and second of Alice Akatyszewski, the Minutes of February 14, 1985; were approved as corrected. It was so voted. There being no further business, a motion was made to adjourn. Having passed unanimously, the 'meeting was declared adjourned at 9:20 p.m. Respectfully submitted, • Dale E. Yale MINUTES OF MEETING March 19, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Tuesday, March 19, 1985. Present were Philip Moran, Paul Geoghegan, Glenn Yale, and Christopher Hagger. Raymond Lavender was absent. Chairman Philip Moran called the meeting to order at 8:35 p.m. PUBLIC HEARING--DEPARTMENT OF PUBLIC WORKS, REPLACEMENT OF CULVERT UNDER HIGHLAND AVENUE Chairman Philip Moran read the notice of the public hearing. Mr. Bob Carter of the DPW was present to discuss their proposal to replace the existing pipe under Highland Avenue adjacent to the Moose Lodge which appears to have collapsed. They plan to excavate and remove the existing 30" concrete pipe and headwall and replace with a new 30" reinforced concrete pipe, new headwall, and new frame and grate. They plan further to add a new drain pipe to eliminate washout. Mr. Carter • noted this was a standard maintenance project and they will use hay bales to control erosion and sedimentation. Philip Moran asked if they plan to excavate a portion of Highland Avenue and Mr. Carter replied in the negative. They will only excavate around the catch basin. They will use a backhoe to excavate down the slope and then will backfill following replacement of the pipe. This will take place on the side of Highland Avenue where the LaChapelles have been experiencing problems and it is hoped this will alleviate their problems. Glenn Yale asked if this work was typical of how failures happen when they occur and Mr. Carter replied in the affirmative. The collapse is within the first 30' of the pipe on the LaChapelle side. Chris Hagger asked if water backed up upstream and Mr. Carter replied in the affirmative, noting there was a pooling of water on the LaChapelle' s property. They are hoping to alleviate this problem with the proposed work. Mr. William McLaughlin, representing the Moose Lodge, noted they are in the process of filing for permission to install a trash rack on the culvert on the LaChapelle' s side. They will be responsible for the maintenance of the trash rack once it is installed. • Mrs. Alda LaChapelle noted that previously excavation had been done below the pipe so the water stands and presents a health problem. • _2_ Chris Hagger asked what the proposed invert of the new drain on the upstream end will be and Mr. Carter replied there will be no change. Philip Moran noted that the original grade of the property should be restored. Mr. William McLaughlin of the Moose Lodge spoke in favor of the proposal. Mr. Nondas Lagonakis, owner of the abutting property, spoke in favor; Mrs. Alda LaChapelle of Highland Avenue spoke in favor; Mr. Frank Luca of the Moose Lodge spoke in favor; Mr. Jean LaChapelle of Highland Avenue, spoke in favor of the proposal. Upon the motion of Glenn Yale and second of Chris Hagger, the public hearing was closed. Upon the motion of Glenn Yale and second of Paul Geoghegan, the Order of Conditions was approved with the following additional conditions: 1. Proper erosion control procedures shall be followed during excavation and replacement work. This includes the use of staked hay bales to prevent erosion and sedimentation. • 2. All contours shall be restored at the inlet of the pipe to the invert elevation of the existing pipe, so that there is no standing water. Following replacement of the pipe, the bank shall be stabilized and seeded to prevent erosion. It was so voted. EBERSHOFF--ORDER OF CONDITIONS The Commission reviewed the rough copy of the Order of Conditions drafted from the minutes of the last meeting. There followed several minutes of discussion as to the advisability of the developer employing an on—site person experienced in hazardous waste site assessments during excavation. It was agreed this would likely be possibile with some flexibility being exercised by Rizzo Associates, the consultants for the developer. It was also agreed that the duration of the excavation shall be no longer than two weeks unless otherwise deemed acceptable by the Planning Board. Upon the motion of Glenn Yale and second of Paul Geoghegan, the modification of the Order of Conditions was approved with the following additional conditions: • 1. All work shall be in accordance with proposal and plans submitted. 2. Soil erosion both during and after construction shall be kept to a minimum by employing procedures recommended in the Erosion and Sedimentation Control Guidelines, Commonwealth of Massachusetts, DEQE, -3— Division of Water Supply and Montachusett Regional Planning Commission, dated August, 1983. Erosion and sedimentation control shall conform to details submitted. 3. During the exposure of fill material on the site, the services of a professional with expertise in hazardous waste site assessments shall be employed. Any unsatisfactory fill material as defined in General Condition #6 shall be segregated and removed to an approved disposal site. Any fill material considered hazardous will be isolated, covered and tested in accordance with a plan jointly approved by the Commonwealth of Massachusetts Department of Environmental Quality Engineering and the Conservation Commission. The hazardous material will then be removed by alicensed contractor toan approved disposal site. Copies of delivery slips, signed by the disposal site operator shall be supplied to the Conservation Commission for both unsatisfactory and hazardous materials. 4. Prior to commencement or excavation of fill material, notification shall be given to the Commission. Duration of excavation shall be no longer than two weeks unless otherwise specified by the Conservation Commission. • 5. Certification that the site is free of hazardous waste shall be supplied to the Conservation Commission prior to commencement of building construction. 6. As—built drawings, stamped by a Registered Professional Engineer or a Registered Land Surveyor shall be submitted to the Conservation Commission prior to issuance of a Certificate of Compliance. 7. No application of road salt for the purpose of de—icing roadways or parking areas shall be permitted in the development. 8. The members and agents of the Conservation Commission shall have the right to enter and inspect the premises to evaluate the compliance with these conditions and to require the applicant to submit any data deemed necessary by the Commission for evaluation. Any changes made or intended to be made in the plans, shall require the applicant to inquire of the Commission in writing whether the change requires a new filing. It was so voted, with Chris Hagger voting present. MOOSE--EXTENSION OF ORDER OF CONDITIONS Mr. William McLaughlin of the Moose Lodge was present to request an extension to their Order of Conditions. They have beenwaiting for the • DPW to address the culvert issue, which is now in process, and they wish an extension. -4— Upon the motion of Glenn Yale and second of Paul Geoghegan, the Order of Conditions was extended for six months. It was so voted. KIERAN--EXTENSION OF ORDER OF CONDITIONS Upon the motion of Glenn Yale and second of Paul Geoghegan, the Order of Conditions for James Kieran was extended for one year. It was so voted. MINUTES Upon the motion of Paul Geoghegan and second of Chris Hagger, the Minutes of February 28, 1985, were approved as corrected. It was so voted. OLD/NEW BUSINESS A letter from Councillor George McCabe was read to the Commission. He is the liason to the Commission and will address any concerns we may have. He is unable to attend meetings, however, as they are the same evening as City Council meetings. May 4, 1985, has been designated as the night for the Conservation Commission cocktail party. Further details will be forthcoming. • There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was adjourned at 9:40. Respectfully submitted, Dale E. Yale • .a MINUTES OF MEETING April 11, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Thursday, April 11, 1985. Present were Philip Moran, Glenn Yale, Paul Geoghegan and David Lash. Raymond Lavender and Christopher Hagger were absent. Chairman Philip Moran opened the meeting by welcoming David Lash to the Commission. He then called the meeting to order at 7:40 p.m. PUBLIC HEARING--SALEM SUEDE Chairman Moran read the notice of the public hearing. Mr. Bruce Poole of SP, Inc. , representing Salem Suede, was present to discuss Salem Suede' s proposal to construct a pre-treatment facility for wastes generated by their leather business. This pre-treatment is mandated by State and Federal law and must be in place by November of 1985. • Mr. Poole stated they have submitted plans and specifications to SESD and have been approved to discharge into their system following the treatment process they plan on-site. David Lash asked the nature of the SESD review and Mr. Poole explained the pre-treatment proposal further: 1. Wastewater from the tannery flows by gravity to a pump area. In the pump pit the pH is monitored and the wastewater is agitated to prevent settlement of solids. 2. The wastewater is then pumped to a mixing chamber and combined with alum and polymer to assist in the settling out of solids. 3. Solids are settled out in a settling tank. The sludge is removed from the bottom of the tank and the remaining wastewater is monitored prior to discharge into the sewer system. 4. The sludge is pumped into twin storage tanks and is de-watered on site. Presently, all the tanneries in the area are looking into a central sludge facility. Once the sludge is de-watered, the water removed is put back through the mixing process again. Sludge is disposed of at a central facility off-site. Mr. Poole noted that the tanneries have a July 15 deadline to find a • central de-watering facility, but are building in plans so that they can de-water on site if plans for this central facility do not materialize. T a.f • -2- Paul Geoghegan asked why the de-watering could not take place at SESD and Mr. Poole noted that this was politically unpopular. Federal regulations sqy that certain exemptions need to granted in order for SESD to do this and they have been unwilling to apply. Paul Geoghegan asked if there was a potential for odor problems during de-watering and Mr. Poole replied that the worst part of the process takes place within the tan building which is enclosed. He added that Salem Suede is no longer going to "beam" (shaving hair off the hides) which contributes significantly to the odor problem. Therefore, the odor will be much less. Glenn Yale asked if there was any additionaly ventilation and Mr. Poole relied in the negative. Glenn Yale asked if there was a blower on site and Mr. Poole noted there was ablower in the dust box area. Paul Geoghegan asked how stringently the monitoring of pH, etc. was followed and Mr. Poole replied that SESD is very specific about monitoring. David Lash asked if periodic checks took place and Mr. Poole replied in the affirmative. • Glenn Yale asked where the unloading of the sludge took place and Mr. Poole noted it is done within the building. In response to a further question from Mr. Yale, Mr. Poole noted that SESD does periodic testing, usually at the manhole in the street, unannounced, to ascertain that all regulations are being adhered to. David Lash asked what contingency programs were in place for power outages, breakdowns, or during a flood situation and Mr. Poole replied that all walls are 4 - 5' above flood level. The existing wall is at elevation 16. The remaining walls are at elevation 18 to 20' . All outside tanks are sealed and designed on floating slabs with a safety factor of 1.2. Mr. Lash and the other Commissioners expressed some concerns regarding the safety factors. Mr. Poole stated he felt confident of the safety at 1.2. He did state, however, that he would be consider an 18" slab vs. the proposed 12". Some discussion took place as to the location of the proposed by-pass road and Mr. Poole noted the road is intended to go through the Allied Lumber building and should cause no problem. Regarding the possibility of a power outage or breakdown, Mr. Poole stated that if the wastewater cannot be transferred, it cannot go anywhere. It would go back through the system before overflowing the the tanks. Glenn Yale asked if there were any areas where overflow could seep through into the river and Mr. Poole replied in the negative. David Lash asked what sequence of events would happen during a power • outage and Mr. Poole replied nothing would happen; the system would just totally shut down. a. .f —3 • Upon the motion of Glenn Yale and second of David Lash, the public hearing was closed. It was so voted. Upon the motion of Glenn Yale and second of Paul Geoghegan, the Order of Conditions will be draftedandsigned at our next meeting pending the submission of uplift calculations for the tanks and a copy of the SESD permit. It was so voted. DETERMINATION OF APPLICABILITY--WITCH CITY CAB Chairman Philip Moran read the notice of the Determination. Ms. Karen Burke, owner of Witch City Cab, and Mr. Alex Willis, General Manager, were present to discuss their proposal for the operation of a taxicab repair service to the rear of the Richdale property at 3 Bridge Street. Their lot is located directly on an embankment on Beverly Harbor. Mr. Willis presented a sketch of the area. He noted that no major repair work was done on the site--just fan belts, lightbulbs, etc. Glenn Yale asked if any engine removal had taken place and Mr. Willis stted they take engines out of cars slated for the junkyard. Glenn Yale • asked if any motors were being repaired on the site and Mr. Willis replied there are three presently under repair. Glenn Yale asked if any oil changes were done on the property and Mr. Willis replied in the negative. Glenn Yale raised the issue of accumulated tires and stockpiled engines and batteries on the embankment. This was in violation of the Wetlands Protection Act. Photographs of the area were submitted which had been taken by the Fire Inspector. These confirmed the stockpiling of engines and batteries. Upon the motion of Glenn Yale and second of Paul Geoghegan, the Determination was found to be positive and a Notice of Intent must be filed. Ms. Burke and Mr. Willis will attempt to clean up the area and will return to the Commission in two weeks. WETLANDS VIOLATIONS Photographs of three areas which have caused some concern to the Commission were discussed: 1. Linsky: It has been observed that Mr. Linsky has not removed the fill stored on his property as promised. He will be asked to attend our next meeting to address this issue. • 2. Mackey: David Lash noted the concern for Mr. Mackey' s Broadway property is the stability of the bank. Rather than clearing the debris away from the wetland area as requested by the Commission, Mr. Mackey covered it. .I • —4- Upon the motion of Glenn Yale and second of David Lash, a Cease and Desist order will be sent to Mr. Mackey and a plan of clean—up will be drafted for Mr. Mackey to follow. 3. Story Street: The owners of the abutting lots to the area where dumping has been taking place at the end of Story Street will be notified and a clean—up plan will be discussed. OLD/NEW BUSINESS Regarding some trail work in the Conservation Area to discourage trailbikers, the Phoenix School will be contacted to see if they will help with manpower. David Lash will contact Signworks for a quote on a new sign for the Conservation Area. The Conservation Spring Cocktail Party will be held on Friday, May 10, at Philip Moran's residence. Upon the motion of Glenn Yale and second of Paul Geoghegan, Order of Conditions #64-11 issued to Joseph Ragone in 1981, was rescinded. This Order was supersceded by Order #64-73, which was recently modified to • allow the construction of a warehouse storage project by David Ebershoff. MINUTES Upon the motion of Paul Geoghegan and second of Glenn Yale, the Minutes of March 28, 1985, were approved. It was so voted. There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was adjourned at 9:35 p.m. Respectfully submitted, Dale E. Yale r,_ IL MINUTES OF MEETING April 25, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Thursday, April 25, 1985. Present were Philip Moran, Paul Geoghegan, David Lash, and Glenn Yale. Raymond Lavender and Harry Takis were absent. Chairman Philip Moran called the meeting to order at 7:40 p.m. VIOLATIONS UPDATE a. Linskey--It was observed that some clean-up of the Linskey site off Commercial Street has taken place. It was agreed that members of the Commission will make independent inspections of the site and a decision will be made as to whether further action by the Commission is necessary. b. Witch City Cab--The owner of Witch City Cab had begun the process of filing an Abbreviated Notice of Intent, but noted that they actually had • cleaned up the area as requested and were not planning on doing any more storage of auto parts, etc. on the bank. An inspection of the site has confirmed the clean-up. Following some discussion, it was agreed that periodic checks will be made of the site and no Notice of Intent will be requested at this time. Mrs. Burke., the owner of the company has agreed that no storage of auto parts or oil changes will take place on the site. She will be notified that any violation of this agreement will result in legal action by the Commission. c. Mackey--A Cease and Desist Order was voted and signed by the Commission addressing the fill material on Broadway. A Notice of Intent will be sent to Mr. Mackey as well in the hope that this issue can be resolved. It was also noted that Naumkeag Salvage, next door to Mackey's is in violation. They will be notified by letter and it is hoped an amicable solution can be reached without legal action. Regarding Mr. Mackey, it was agreed that the bank must be stabilized, any unacceptable fill material should be removed and the slope should be no greater than 1: 1. SALEM SUEDE Upon the motion of Glenn Yale and second of Paul Geoghegan, the Order of Conditions for Salem Suede was signed, referencing the submitted plans, • 0 & M Manual and SESD permit and requiring that the factor of safety for the anchoring of the storage tanks on the site be a minimum of 1.5. It was so voted. Y41� � d • -2- OLD/NEW BUSINESS A letter will be sent to Paul Niman requesting the City place some large boulders blocking of entrances to the Conservation Area in order to help protect the area. MINUTES Upon the motion of David Lash and second of Paul Geoghegan, the Minutes of April 11 were approved. It was so voted. There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was adjourned at 8:35 p.m. Respectfully submitted, ,dr 6 llc&, j Dale E. Yale • • MINUTES OF MEETING May 9, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Thursday, May 9, 1985. Present were David Lash, Raymond Lavender, Philip Moran, Glenn Yale, and Harry Takis. Paul Geoghegan was absent. Chairman Philip Moran called the meeting to order at 7:35 p.m, and opened the meeting by welcoming Harry Takis to the Commission. DOCTOR VORGEAS RE FOREST RIVER CONSERVATION AREA Dr. Vorgeas of Pickman Road was present to discuss the issue of better security for the Conservation Area. He described in detail the efforts the abutters of the Area have made to keep the Area clean and secure. He noted that very often parties are held in the Area and as a result the Area is littered with beer cans, etc. He and his neighbors have made an effort to keep the area clean, but he is concerned with the adverse affects of the trail bikers, trappers, hunters, etc. on the Area. Dr. Vorgeas suggested that trees be felled across the trails to • discourage the trail bikers and ATVs. The Pickman Road residents are also willing to post signs if the Commission will make them available. Raymond Lavender observed that the need for patrols of some type seems to be the issue. That, together with the barricades, is the issue which needs to be addressed. Glenn Yale asked who would determine what trees would be toppled across the trails and Dr. Vorgeas stated they would be thinned properly and aproximately six trees per every 200 feet would be placed across the trails strategically. Philip Moran suggested that a meeting with Chief St. Pierre be arranged to discuss the issue. It was the general consensus of the Commission that this was a good idea. David Lash expressed the thanks of the Commission to Dr. Vorgeas and his neighbors for their efforts in the maintenance of the Conservation Area. Philip Moran read a letter from an Eagle Scout asking for permission to clean the Conservation Area for his Eagle Scout project. Dr. Vorgeas indicated his willingness to work with him in this project. • • —2— STORY STREET In response to a letter sent from the Conservation Commission, several residents of the Story Street neighborhood were present to discuss the. illegal dumping being done at the end of Story, Cleveland, and Read Streets. Chairman Philip Moran noted the matter had been brought to the attention of the Commission in late Fall and the Commission had postponed action on the issue until Spring when the snow melted. It was agreed by the Commission members that some sort of plan should be put together to try to address the issue and clean up the area. Mr. Francis Tardiff of 15 Story Street noted this has been going on for a number of years. He felt a sign and a fence would help alleviate the problem immeasurably. Steve Lovely of 16 Story Street echoed Mr. Tardiff' s comments, noting that several contractors had used the area as a dump site over the past several years. Glenn Yale asked if Mr. Raby of Cleveland Street was present and it was determined he was not. It was generally agreed by the Commission that • the area behind his home was in the most need of work. Mr. John Walsh, speaking for Donald Emmerton noted that Mr. Emmerton' s property had been encroached upon by some filling that had taken place. There has also been some question as to the actual lot lines and Mr. Belfiore of Read Street6 stated that the area had been survey by Hancock Survey. Mr. Lovely stated he was willing to remove whatever was placed beyond his property line. He had placed the fill there originally in order cover up the debris and accumulated trash in order to give a better aesthetic look to his property. Mr. Lovely further noted that the fill came from New England Power and was not contaminated fill. He has tried to make his property more pleasing to the eye. Mr. Belfiore noted that he had grown up in the area and the dumping seems to have increased over the past few years. It wwas noted that with the closing of dump sites there are fewer and fewer places to dump. This tends to be a relatively common problem. David Lash felt the Commission should concentrate on ways to clean up the site and avoid any future dumping there. Philip Moran agreed, suggesting that the City Engineer be requested to join the Commission and the neighbors in addressing the issues. It was agreed to conduct an on—site visit of the area on Tuesday, May 21, 1985, at 6:00 p.m. at the • end of Story Street. The City Engineer will be invited to attend. • —3— OLD/NEW BUSINESS The Harbormaster will be contacted to address the matter of the derelict boat being stored on the flat off Franklin Street and the barge stored in the middle of the North River Channel. A letter will be sent to Charles Ferris addressing the issue of the junk cars being- stored on his property abutting the North River. Upon the motion of Raymond Lavender and second of Harry Takis, $100 will be earmarked to aid the Pickman Road neighbors in the installation of signs prohibiting trailbikes. It was so voted. MINUTES Upon the motion of Raymond Lavender and second of David Lash, the minutes of April 25, 1985, were approved. It ws so voted. There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was adjourned at 9:30 p.m. Respectfully submitted, • Dale E. Yale • MINUTES OF MEETING May 23, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room on Thursday, May 23, 1985. Present were Philip Moran, Glenn Yale, Raymond Lavender, Harry Takis and Paul Geoghegan. David Lash was absent. Vice Chairman Glenn Yale called the meeting to order at 7:40 P.M. DETERMINATION OF APPLICABILITY Glenn Yale read the notice of Determination. George Bouffard, representing Bouffard Oil, presented a plan in which he would like to lease a corner of the lot across from Allied Lumber on Flint Street, Salem, to store a 5,000 gallon tank which would contain driveway sealing material. The tank will be surrounded by a six foot fence with barbed wire and will rest on a concrete pad which will sit directly on the ground. Harry Takis asked how far away from the North River the tank was to be located amd Mr. Bouffard replied it was approximately 80 feet. Glenn • Yale read a letter from Brian Lockhard at the Health Department outlining the material included in seal coat and noted it is a petroleum—based product and any spillage could have a long lasting hazardous effect on plant and animal life. Glenn Yale asked where the tank .is presently being stored and Mr. Bouffard stated the tank is being rebuilt at a facility on Highland Avenue and there were parts needed to be added in order for the seal coat material to be agitated. Presently, Mr. Bouffard obtains his seal—coat material from Worcester. He would like a closer location. Mr. Bouffard stated that there is no automatic shut—off on the tank and would require two men for loading. Philip Moran raised the possibility of overflow and Mr. Bouffard felt this was unlikely He added the seal—coat material is not flammable. Harry Takis asked how the tank would be anchored and Mr. Bouffard replied it would be anchored with i—beams to a concrete pad. In response to a question from Glenn Yale regarding a standard procedure for the anchoring of these type of tanks, Mr. Bouffard stated there is no standardized method available. Mr. Bouffard further stated the sealer is heavier than water, it is not flammable and the valves on the outside of the tank would be locked with padlocks to guard against vandalism. • —Page 2— • The lot he is considering has been re—zoned from an Industrial zone to a Business Park zone. There is, therefore, some question as to whether this would be an allowed use in this zone. It was suggested the Building Inspector be consulted. Vice—Chairman Yale felt that Mr. Bouffard' s request is significant to the Wetlands Protection Act and a Notice of Intent will be needed. Upon the motion of Philip Moran and second of Raymond Lavender, a Notice of Intent shall be required. It was so voted. CERTIFICATE OF COMPLIANCE—HELEN BEHARREL, OSGOOD STREET An Order of Conditions was issued in 1979 for wall repair on Mrs. Beharrel 's property on Osgood Street which abuts Collins Cove. No work has been done on the wall. The property is now in the process of being sold and documentation that no work has been done needs to be provided by the Conservation Commission in order for the transfer to take place. Upon the motion of Raymond Lavender and second of Harry Takis, the Conservation Commission has determined that no work has commenced and the Order of Conditions (#64-41) was declared invalid. It was so voted. • WAIKIKI RESTAURANT, BRIDGE STREET A letter from Attorney William Tinti's office requesting the Conservation Commission to re—evaluate their decision regarding the expansion of the Waikiki Restaurant was read by Chairman Moran. It was suggested in the letter that a Notice of Intent might be required for the construction of this addition. Following some discussion, it was determined that the Commission' s original decision regarding this proposal will stand and no Notice of Intent will be required. It was noted that this project will be subject " to Site Plan Review by the Planning Board so adequate input from abutters will be obtained. ' e OLD/NEW BUSINESS Members of the Commission will be meeting with Chief St . Pierre on Wednesday, May 29 at the Police Station to discuss better security for the Conservation area. Dr. Vorgeas will be invited to attend. Tom Burke, Assistant Director of Public Works will place some curbings across the entrances to the Conservation Area to try and discourage trail bikers. Dr. Vorgeas will direct this installation. A letter to Mr. Raby of Read Street will be sent strongly urging him to contact the Commission regarding the illegal filling of the wetland abutting his property. J • —Page 3— Captain Turner of the Fire Department reported that there was a leaky gasoline storage tank on Robert Bouchard' s property on Jefferson Ave. Dale Yale will look into this further. MINUTES Upon the motion of Raymond Lavender and second of Harry Takis, the minutes of May 9 were approved. It was so voted. There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was adjourned at 9:00. Respectfully submitted, , - Nancy Syatt • • by • '1 MINUTES OF MEETING June 13, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room on Thursday, June 13, 1985. Present were Raymond Lavender, David Lash, Paul Geoghegan, Martha Hogan, and Vice Chairman Glenn Yale. Also present was Staff Advisor Dale Yale. Vice Chairman Glenn Yale called the meeting to order at 7:40 p.m. Vice Chairman Yale welcomed Martha Hogan, who was recently confirmed by the Council, to the Commission. DETERMINATION OF APPLICABILITY—BURNHAM ASSOCIATES' This involves a proposal to remove a piece of obstructing rock off the Salem Willows Yacht Club pier. Mr. Craig Burnham of Burnham Associates, contractor for the removal, explained that the rock, which is just , beyond Salem Willows Yacht Club pier, juts up approximately three and a half feet from the bottom. Everett Hobbs, who is the nearest abutter to the pier, is supportive of its removal. Staff Advisor Dale Yale inquired as to how many cubic yards the rock is • and Mr. Burnham replied that it is approximately just under one cubic yard. Vice Chairman Glenn Yale expressed several concerns regarding the rock and the blasting procedure that would be used to dispose of it. He asked how deep the rock was located and Mr. Burnham replied that it was approximately twenty inches below the water surface. Glenn Yale also asked if there was any vegetation or marine life located around the rock and Mr. Burnham answered that there was none and that only mud surrounded it. David Lash addressed the issue of disposing of any waste that would be left after the blasting and Mr. Burnham replied that this would be a one day operation and that any large pieces of rock remaining from the blast would be lifted out of the water with a barge or crane. Paul Goeghegan added that any small pieces of rock left would be an enhancement to the marine life in the area. Dale Yale asked 'if a pre—blast survey would be necessary and Mr. Burnham replied that the Yacht Club did not ask for one since the pier is located more than 150 feet from the nearest building. He also noted that he would need permission from the Salem Fire Department and that if permission is granted, residents in the area would be given notification of the blast. • There followed several minutes of discussion, and upon the motion of David Lash and second of Harry Takis, the proposed project was determined not significant• to the Wetlands Protection Act. It was so voted. • - Page 2 - DETERMINATION OF APPLICABILITY-HENRY COBB i This involves the construction of a temporary 30' ramp and 10' x 20' float off Juniper Beach. The structures would be placed in back of Mr. Cobb' s home and would remain from May through October. Glenn Yale asked what the structure would be secured to and Mr. Cobb replied that it would be attached to a ledge with screws and schackles. The float will be secured with two moorings. Glenn Yale also expressed some concern over whether navigation would be a hazard and Mr. Cobb said that it would not be a problem and that he has a permit from the Harbor Master. Mr. Yale inquired as to whether a determination would be sent to DEQE and David Lash felt that the Commission could 'deal with this on a ' preliminary basis. The proposal will not dredge, alter, fill or remove material from the cove, therefore, he feels the proposal is not significant to the Wetlands Protection Act. Staff Advisor Dale Yale will send a letter to Mr. Cobb stating that this proposal is not significant to the Wetlands Protection Act. Upon the motion of David Lash, and second of Harry Takis, the above recommended action will be taken. It was so voted. JOHN-PIROVANNO-PRELIMINARY DISCUSSION-LAFAYETTE ST. This involves the purchasing of ocean front property on Lafayette Street on which Mr. Pirovanno would like to build a single family residence. Dale Yale noted that because this is an undersized lot , Mr. Pirovanno will not be able to build without authorization from the Board of Appeal. It was further noted that an Order of Conditions had been issued for this parcel approximately five years ago. The property was recently inspected and there is salt marsh bordering the waterfront but it was generally agreed that if built properly, a single family residence could be constructed on the site. It was suggested that Mr. Pirovanno meet with his neighbors to address their concerns and have some plans drawn up as to the design of his house. The Commission would be happy to continue acting in an advisory ' capacity prior to filing the Notice of Intent. • CERTIFICATE OF COMPLIANCE-KERNWOOD COUNTRY CLUB A letter from T & M Engineering was read by the Vice Chairman requesting a certificate of Compliance for •work done on the sixth fairway and seventh tee at Kernwood Country Club. r — Page 3 — • It was suggested that Commission members inspect the site between now and the next meeting and the matter will be voted on at that time. FOREST RIVER CONSERVATION AREA—UPDATE Dale Yale, Phil Moran, Ray Lavender and Chief of Police St. Pierre met to discuss the vandalism that has been going on in this area. They propose to erect 24" x 24" signs stating that there will be a $50 fine for hunting, fires and trail bikes. Also, Chief St. Pierre and Councillor Nutting will draft an ordinance prohibiting parking after dusk in the Conservation Area parking lots. This will enable the police to ticket or tow vehicles present after that time. Following some discussion, it was agreed that the ordinance should state the specific time of 9:00 p.m. for closing. Glenn Yale• suggested a walk—through of this area for the Board members on July 11 . He also is suggested that City Planner Gerry Kavanaugh, and Dr. Vorgeas attend. OLD/NEW BUSINESS David Lash has spoken with the Ward III Councillor regarding the Story • Street meeting to clean up the dumping area. He would like to meet with Paul Niman to discuss this issue prior to meeting with the neighbors. A date of Wednesday, June 19 at 6:00 p.m. was arranged for the Commission to meet with the neighbors . Regarding previous correspondence to Mr. Ferris, the Board feels that Mary Harrington should be consulted for further guidance. Staff Advisor Dale Yale will present this at the next Conservation Commission meeting. David Lash suggested adding a second page to the Conservation Commission agenda for continuing buisness or open orders of conditions. Regarding a letter sent to Naumkeag Salvage, the owner, Mr. 'Pelletier, met with Dale Yale and informally agreed to pull back the illegally stored automobiles 100 feet from Rosie' s Pond. It was suggested Mr. Pelletier file a Request for Determination. • • MINUTES OF MEETING June 27, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room on Thursday, June 27, 1985. Present were Raymond Lavender, David Lash, Paul Geoghegan, Harry Takis Martha Hogan and Vice Chairman Glenn Yale. Also present was Staff Advisor Dale Yale. Philip Moran was absent. Vice Chairman Glenn Yale called the meeting to order at 7 :35 p.m. PUBLIC HEARING - CITY OF SALEM - IMPROVEMENTS TO FRANKLIN PARK Vice Chairman Yale read the notice of the public hearing. Andrea Fish, Assistant Director for Development of the Salem Planning Department, was present to discuss specific improvements planned for Franklin Park. First, approximately 425 feet of loose rip-rap will be placed along the shoreline of the park at a 2:1 slope for stabilization purposes and erosion control. The rip-rap will be located approximately three feet from the shoreline. Andrea Fish noted that no specific permit for this • work will be needed from the Army Corp, but they will have general review over the proposal.. She noted that this is known as a "Nationwide Army Corp Permit". Second, a four foot wide jogging path, made of sand and bark mulch, will be constructed around the park. Six exercise stations will be installed along the path and will require small footings which will be done with an auger and will be filled with crushed stone and concrete. Andrea also asked for a specific recommendation from the Commission regarding the location of the path in relation to the shoreline. Glenn Yale asked why the rip-rap was only 425 feet in length and Andrea replied they plan to place the rip-rap only in the areas where it is needed. The remainder of the shoreline is gently sloping. Upon the motion of Raymond Lavender and second of Harry Takis, the public hearing was declared closed. It was so voted. Upon the motion of David Lash and second of Harry Takis, an order of conditions will be drafted referencing the plan presented this evening and including the following additional conditions: 1 . A maximum of one foot of fill (six inches of sand and six inches of bark mulch) will be used in the construction of the jogging path. • - Page 2 - 2. The jogging path will be located a minimum of ten feet from the top of the slope. It was so voted. DETERMINATION OF APPLICABILITY - CITY OF SALEM - IMPROVEMENTS TO MC CABE PARK Glenn Yale read the notice of the public hearing Andrea Fish from the Planning Department explained this proposal involved some upgrading of an existing path which borders an intermittent stream located in McCabe Park. They intent to formalize the existing path by placing four inches of gravel and two inches of the bituminous on the path. Further, it is proposed to replace two small asbestos pipes which run under the path with one concrete pipe. Paul Geoghegan asked if the pipe which they plan to replace will have an equal diameter to the existing one and Andrea Fish replied in the affirmative. • Glenn Yale asked how wet the area bordering the path was and Andrea Fish replied there is wetland approximately three to four feet on either side. The path, however, is above the level of the stream. David Lash asked if the path was built up and Andrea Fish replied in the affirmative. Glenn Yale asked if there was any wetlands vegetation present and Andrea stated the area is grassy and wooded and no vegetation would be destroyed. She added that the path is already clear, what is being proposed merely upgrades the existing path. Upon the motion of David Lash and second of Raymond Lavender, the Commission determined the proposal not to be significant to the Wetlands Protection Act. It was so voted. CERTIFICATE OF COMPLIANCE - KERNWOOD COUNTRY CLUB Upon the motion of Raymond Lavender and second of Harry Takis, a Certificate of Compliance will be issued for work done at Kernwood Country Club on the sixth fairway and seventh tee. It was so voted. WETLANDS VIOLATIONS UPDATE Several minutes of discussion were devoted to the issues of Ferris' • junkyard and Danny Mackey's property on Broadway. It was agreed the Commission should take firm steps to correct both situations. • — Page 3 — Regarding Ferris' junkyard on Franklin St. , Dale Yale stated she had discussed the situation with the Assistant City Solicitor who felt the Commission should consider issuing an enforcement order on the property. The Commission discussed -in detail the wording of the order and also asked that the order be filed at the Registry of Deeds prior to sending a copy to Mr. Ferris' attorney. Upon the motion of Harry Takis and second of Raymond Lavender, an enforcement order for Ferris ' property was issued. It was so voted. A similar order will be sent to Mr. Mackey and he will be requested to remove all inappropriate fill, establish a 2:1 slope, and loam and seed the bank abutting Rosie' s Pond. Upon the motion of Paul Geoghegan and second of Raymond Lavender, the order will be issued. It was so voted. Regarding Story St. , David Lash will meet with Steve Lovely to discuss with him the issue of the clean—up of story St. In discussing this issue, it was agreed by the Commission that the fill adjacent to Mr. • Lovely's property will be pulled back, a 1z:1 slope will be established, The City property at the end of Story Street will be similarly cleaned up and a barrier will be installed to prevent further dumping. An update of this situation will be given at our next meeting. OLD/NEW BUSINESS The Commission will walk through the Conservation Area on July 11 at 6:00 p.m. It was suggested members meet at the Salem State South Campus parking lot. MINUTES There being no additions or corrections, upon the motion of Raymond Lavender and second of David Lash, 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 9:35 p.m. Respectfully submitted, • Nancy Syatt page '2 _ • Glenn Yale asked if the water level and retention design of the Ebershoff project was considered in calculating this design and Mr. Merloni replied in the affirmative. Glenn Yale asked what preconstruction runoff coefficients were and Mr. Merloni replied 57 cubic feet per second. Mr . Yale asked what would be done about the existing reinforced culverts and Staff Advisor Dale Yale replied that the City would have to address this. Mr. Merloni added that the proposed 'retention area would somewhat improve that situation. Dale Yale asked what type of control structure would be installed and Mr . Merloni answered they probably would use an open pipe which would be the easiest type of structure to maintain. Glenn Yale asked what elevation the top of the retention Pond would be and Mr. Merloni calculated that elevation to be approximately 90. Glenn Yale noted the slope of the berm on the retention pond could encroach on neighboring property. Glenn Yale further oues.tioned how the slope would be stabilized and Mr. Fafard stated they would likely rip-rap the slope. Further, the slope is proposed to be at 1 : 1'x. Philip Moran inquired as to how many employees Maynard Plastics has in their employ , how many parking spaces were available to them and where • parking was available on the site. Mr. Fafard answered that there are approximately 250 employees , 125 parking spaces , and that parking will be available on both sides of the entrance to the building. It was the consenus of the commission that this was too few parking spaces . Mr . Moran asked if parking would also be available along Swampscott Road and Mr . Fafard stated that the Planning Department would have to address ,this . Glenn Yale asked what type of chemicals would be stored in the tanks and Mr . Fafard stated he would provide that information. Because of the need to facilitate this project as quickly as possible, Chairman Moran asked David Lash and Glenn Yale to serve on a sub-committee to work with the developer in obtaining all necessary information to draft an Order of Conditions. Following some discussion, a motion was made by Glenn Yale and seconded by Raymond Lavender to continue this public hearing until the next meeting. It was so voted. WETLANDS VIOLATIONS UPDATE Regarding Mr. Mackey ' s property on Legg' s Hill , Staff Advisor Dale Yale • had received a request from Mr. Mackey' s attorney to remove more gravel from the site. It was agreed the Commission had acted in good faith by allowing Mr. Mackey to remove in the agreed upon area. Therefore, he will be notified that no, further removal can take place until a formal filing with the Commission is made. • — Page 3 — The Enforcement Orders for Mr. Ferris and Mr. Mackev ' s land on Broadway have been recorded at the Registry of Deeds. APPROVAL OF MINUTES Upon the motion of Ravmond Lavender and second of David Lash, a motion was made to approve the minutes of June 27. It was so voted. OLD/NEW BUSINESS Philip Moran noted that the annual Conservation Commission report will be due in September. The VISTA will be notified that the Commission feels the storage of branches cut from the trees along the railroad line within a wetland area is a violation of their Order of Conditions. Following our next meeting, the Commission has been invited to Philip Moran' s house for a social gathering. • 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, Nancy Syatt • MINUTES OF MEETING July 11 , 1985 The Salem Conservation Commission met at One Salem Green; second floor conference room on Thursday, May 23 , 1985. Present were Philip Moran, Glenn Yale, Raymond Lavender, Harry Takis, David Lash, Paul Geoghegan and Staff Advisor Dale Yale. Chairman Philip *loran called the meeting to order at 7 :40 P.M. PUBLIC HEARING — MAYNARD PLASTICS — SWAMPSCOTT ROAD Chairman Moran read the notice of the public hearing. The .purpose of this hearing is to explore the effects of the construction of a 100,000 sq. ft . building with attendant parking to house Maynard Plastics Corp. This building is proposed for a parcel of land on Swampscott Road. which is within a wetlands area . John Serafini, attorney representing The Fafard Companies, was present to discuss plans for the project . A contract has been signed between Howard Fafard and Maynard Plastics to construct a new facility for Maynard on 15 acres of a 43 acre parcel. Mr. Fafard has agreed to have • a building ready for occupancy by May of 3.986 . He stated that some vegetation and a small stream exists on the site but that by repositioning the building, it would be angeled so as not to touch any wetlands areas. M— . Howard Fafard referred to a large topographical map of the area and stated the building has been angered on the site to preclude any filling of a wetland. it will be necessary to cross the stream at the front of the property for access, necessitating installation of culverts. The building is sited so the office portion of the business is facing up Swampscott Road toward Highland .Avenue. To the rear of the property chemical storage tanks will be positioned and they propose to submerge the tanks to conceal their visibility from Swampscott Road. Loading docks will be located to the rear of the building and natural vegetation will remain in the front. A. small pond at the front of the property Will remain untouched and part of an upland area at the front of the property is proposed for a retention pond. Mr. Jim Merloni, , an engineer, presented a drainage plan, to the Board and noted that his calculations indicate the need for a retention basin to compensate for the two small culverts presently existing on Swampscott Road. His calculations indicate the use of this retention basin will decrease runoff by 50% during peak storm periods . Philip Moran asked what the dimensions of the building would be and • Howard Fafard replied that it would be 163 ,000 sq. ft. , (500' x 160' ) . Mr. Moran asked about the impact of increased runoff on neighboring properties and Mr. Merloni replied they will retain the majority of the increased runoff . MINUTES OF MEETING • July 25, 1985 The Salem Conservation Commisssion met at One Salem Green, second floor conference room, on Thursday, July 25 , 1985. Present were Martha Hogan, Harry Takis, Glenn Yale, David Lash, and Philip' Moran. Also present were City Planner Gerard Kavanaugh and Staff Advisor Dale Yale. Paul Geoghegan and Raymond Lavender were absent. Chairman Philip Moran called the meeting to order at 7 :40 p.m. JUNIPER COVE Chairman 1 .Moran introduced the members of the Commission to the audience present and gave a breif history of the situation which was under discussion this evening. On Wednesday morning, Mr. Moran received a call from Councillor Nowak asking why the sand that had been contracted by the City could not be placed on . Steps Beach adjacent to Juniper Cove. it was noted that sand is routinely placed on area beaches as a maintenance project. Councillor Nowak had been informed that the trucks contracted to place the sand on Steps Beach had been stopped by Mr. Stuart Martin, who informed them that placement of sand on the beach was a violation of an agreement Mr. Martin had reached with the Conservation Commission in a deed which donated Juniper Cove to the Land Trust . Mr. • Moran informed Mr. Martin that any fill, regardless of who owned the land was under the jurisdiction of the Wetlands Protection Act and the Commission would look into the matter. Mrs . Eileen Phipps of 65 Columbus Avenue stated she owned property directly across the street from the beach and produced the deed to her property which indicated the Phipps owned beach rights to a portion of Steps Beach. It was the consensus of Mrs. Phipps and the rest of the neighbors that sand was needed; therefore , Councillor Nowak was requested to obtain some sand. She would like the Commission to determine if sand can be placed on the beach. Mr. Robert Armstrong of Columbus Avenue stated he felt Mr. Martin had no right to stop the trucks from dumping. Philip Moran noted Mr. Martin felt it was a violation of his agreement with the Conservation Commission. There followed several minutes of discussion as to the conflicting deeds and it was noted that the City Solicitor would have to research the matter further. At the time of the donation the City Solicitor had ruled the deed was in order. Councillor George Nowak of Ward One noted that South Essex Sewerage District had researched this matter several years ago when an outfall pipe was installed and it was found at that time that Mr. Martin did not . own the entire Cove. Further input will be obtained from SESD if necessary. Mrs. Jane Doyle of 41 Columbus Avenue felt there was a safety problem with the sand being n a left ipile on the sidewalk. It was an . s' -2 • I attraction for children and there could be a serious accident. Councillor Nowak concurred with this concern. i Glenn Yale asked if the level of the beach had dropped dramatically III since sand was last placed on the beach and the general consensus was that there was a serious shift in the sand and most all that remained was in one corner. The rest of the beach is now gravel. Glenn Yale asked the grain size of the sand to be placed and Danny Mackey, contractor for the project , felt it was finer than what is presently there. Glenn Yale felt the Wetlands regulations addressed the issue of beach maintenance very clearly and that this type of "beach nourishment" was clearly allowed. An informal poll of those present (approximately 25) showed no one was opposed to the spreading of the sand. Eileen Phipps noted for the record that the beach rights included in her deed were not included in the Phipps ' plot plan and they were not taxed on them. • .David Lash felt the problem was twofold: One, is sand appropriate regardless of ownership, and two, who actually owns the beach, and if the Conservation Land Trust deed is correct , Conservation Commission supercede the deed restrictions and allow placement of sand. Philip Moran suggested the sand be spread on the 52 ' which is in front of the Phipps ' home and no further sand should be placed until the ownership is determined. Glenn Yale felt the wetlands regulatiions specifically addressed the sand issue and the maintenance project should be allowed to proceed. David Lash felt there was the issue of whether the Wetlands Protection Act superceded the deed restrictions to consider. Harry Takis felt the safety issue was of importance. Mrs. Jane Doyle stated she believed that the Wetlands Protection Act had Jurisdiction over any wetland issue regardless of ownership. Glenn Yale concurred, noting the Wetlands Protection Act has final jurisdiction over all wetland areas regardelss of the ownership. Upon the motion of. Harry Takis and second of David Lash, it was agreed to allow the stockpiled sand to be placed over the portion of the beach which may belong to the Phipps. No further sand is to be placed until the ownership issue is resolved. It was so voted, with Glenn Yale abstaining. LEGG' S HILL • Mr. Danny Mackey, Attorney Timothy O'Keefe, and Mr. Ted Forbes of Hancock Survey were present to file a Notice of Intent which would allow Mr. Mackey to fulfill some contractual obligations to excavate some gravel from his site on Legg's Hill. — Page 3 — • Mr. O'Keefe noted that thus far Mr. Mackey has lived up to his agreements with the Commission. What the Notice of Intent proposes is to excavate to elevation 30 away. from the pond. Glenn Yale asked how much gravel they intend to excavate and Mr. Mackey replied they intend to excavate approximately 100,000 cubic yeards. David Lash asked what the elevation of the berm was presently and Mr. Mackey replied it was at elevation 60. Glenn Yale asked what the slope of the berm was presently and Mr. Forbes noted it was a 20% slope. Glenn Yale asked how long the actual excavation would take after approval and Mr. Mackey replied it would be on—going. Philip Moran asked how many yards of gravel would be necessary to excavate between now and our next meeting in September and Mr. Mackey replied he would need to excavate 10,000 yards. Mr. Moran noted that Mr. Mackey has lived up to the agreements he has had with the Commission in the past. Glenn Yale asked if Mr. Mackey could excavate down to elevation 38 approximately prior to the public hearing and Mr. Mackey replied he could stay within that elevation boundary easily and still live up to his contractual agreements for gravel . Glenn Yale stated the Commission would need some assurances as to slope • stability. Mr. Forbes felt some erosion and sedimentation controls could be employed. Upon the motion of Glenn Yale and second of Harry Takis, gravel can be removed down to elevation 40, provided an erosion control plan is submitted to the Conservation Commission prior to our next meeting. It was so voted. MAYNARD PLASTICS This is a continuation of a public hearing which was opened on July ll , 1985. Mr. George seeley, Ms. Sylvie Michel uit, and Mr. David Westerling of Fafard, and Attorney John Serafini were present to discuss revisions to the Maynard plan resulting from sub—committee meetings held with both Planning Board and Conservation Commission members. Mr. Seeley gave an overview of the entire 43 acre parcel. It was generally agreed that the Commission would write an Order of Conditions for the entire parcel with site by site specifics for each individual site as it is developed. Mr. Seeley showed the delineated wetlands which have now been flagged and noted Fafard plans to address the 30" and 24" culverts on Swampscott Road which are already inadequate and whose inadequacy will be exacerbated by the construction of the proposed • Maynard building. Mr. Seeley pointed out the drainage patterns of the entire site for the Commission' s information. It was noted that the proposed retention pond would be dry except for the 100—year storm periods; therefore as an alternative, they now i� J y • — Page 4 — propose using existing wetland areas for retention. There are two areas which are possibilities: 1) an existing wetland on their own site. . They need to retain 52,700 cu. ft. and in either case , would need to construct some sort of control structure to make use of existing wetlands for retention. Mr. Seeley pointed out they now propose one curb cut , in response to Planning Board and conservation Commission concerns. Regarding the issue of the vertical wall vs. the 1'x: 1 slope , they propose to construct the requested 1'x: 1 slope with 6 ' of vegetation in most areas, but wish to construct a vertical wall close to roadway. The other alternative would be to use a portion of bordering vegetated wetland to allow the creation of the 1'x:1 slope. Glenn Yale noted that replication must occur as close to the area taken away as possible. George Seeley replied this will be addressed. Glenn Yale questioned the use of wetlands for retention and Mr. Seeley stated the wetlands regulations allow this if the area proposed for retention has been previously determined to be 'a wetland. Following some discussion, both David Lash and Glenn Yale felt the. original created retention pond could be more desirable. David Lash added that making use of the less significant wetland to the front of the property for retention may be more acceptable. Philip Moran felt strongly that more square footage for the Maynard site would go a long way to alleviate the wetlands issues. Following some further discusslbn, it was generally agreed the following policies should be addressed. 1 ) The curb cut issue should be looked at further. 2 ) The tightness and density of the site should be addressed. 3) Any vertical stone walls along the wetlands would not be acceptable. 4) 60% of proposed 1' :1 slope shall be vegetated. Upon the motion of Glenn Yale and second of David Lash, the public hearing was continued. It was so voted. SOCCER FIELDS • City Planner Kavanaugh stated the City had recently committed to providing badly needed soccer fields for the youth of Salem. Three sites have been selected and the Planning Department is seeking the Commission's advice as to how best to proceed. - Page 5 - 1 • Mr. Rich Carniero of Rizzo Associates showed plans of the three sites being considered for the Commission' s perusal: Site One is at Winter Island where the tennis courts were previously located. A "peanut" field (150' x 225 ' ) is proposed and some cutting and filling close to Cat Cove is required. A silt fence or hay bales will be placed for erosion control. Following some discussion, it was felt this field required no further input from the Commission. Site Two is at the High School. It is proposed to turn the existing field and place a second regulations size field beside it . Some filling of a wetland area in the upper corner of the new field will be required. David Lash asked where the "compensating area will be lcoated and Mr. Carniero delineated the area on the plan. Mr. .Carniero further added that the natural drainage of the site will be maintained. Site Three involves the dressing of the existing regulation size field at McGrath Park on Marlborough Road and placing a second field beside it . It was agreed by the Commission that no further input from the • Commission would be necessary. MINUTES There being no additions or corrections, the minutes of July 11 , 1965 were approved. It was so voted. There being no further business, a motion was made to adjourn. The motion carried and the meeting was declared adjourned at 10:00 P.M. It was noted for the record that there will be no meetings during the month of August. Respectfully submitted, Dale E. Yale r s • MINUTES OF MEETING September 12, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Thursday, September 12, 1985.. Present were Chairman Philip Moran, Vice Chairman Glenn Yale, Paul Geoghegan, Harry Takis, Martha Hogan, David Lash and Staff Advisor Dale Yale. Raymond Lavender was absent. Chairman Philip Moran called the meeting to order at 7 :35 p.m. DETERMINATION OF APPLICABILITY — FERRIS, FRANKLIN STREET Mr. Ed Ferris, Mr. Thomas Gorman, Attorney for Mr. Ferris, and Dr. Hugh Mulligan of Gulf of Maine Research were present to discuss the Determination. Mr. Gorman presented the Commission with a brief history of the business that Charles Ferris has owned and operated at the same location for the past 30 years. He stated that all cars being stored in Mr. Ferris' junkyard are drained of gasoline prior to their storage period thus not altering the land or having an adverse effect on the neighboring wetland. Hugh Mulligan noted that he had examined the wetland area at Mr. Ferris ' • junkyard during a site visit on September 12. He stated that several hundred automobiles are stored upland of the coastal bank. Mr. Mulligan further noted the area was once a dump site. Glenn Yale expressed concern regarding the storage of these automobiles and the manner in which fluids were removed from them. He also inquired as to what sections of the cars were removed to be resold. Mr. Ferris stated that all fluids (radiator, brake, steering, transmission, carbeurator, etc. ) remain. Only gasoline is siphoned out prior to storage and fenders, doors and windshields are resold. Glenn Yale also asked if there was any future potential for the shellfish area and Mr. Mulligan replied that there was none due to the area being so contaminated. He also stated that there were no shellfish or aquatic vegetation along the bank of the river. Chairman Philip Moran asked if Dr. Mulligan he felt that any polluting of the area was being done. as a result of the storage of these automobiles and Dr. Mulligan stated that there could be minimal spillage of some fluids during siphoning but that there was no significant alteration to the wetland area. Glenn Yale asked if any cars were placed upside—down and Mr. Ferris replied that they were not. Mr. Yale also inquired as to what happened to the fluids once siphoned out of the vehicles. Mr. Ferris replied • that the fluids drain into the ground. — Page 2 — • Mrs. William Donaldson, Mr. Normand Houle df Dearborn Lane, Mr. Scott Harrison , Patricia Donohue, and Attorney Albert Pitcoff, all living on Dearborn St. and Dearborn Lane, were present to express their disapproval of the existence of the junkyard. Mr. Houle expressed that older cars continue to leak fluids and because of the stored cars hitting the embankment of the River, the natural filtering and cleaning process of the river was disrupted. Glenn Yale expressed concern over radiation fluids being spilled and Mr. Gorman stated Mr. Ferris will henceforth drain radiators prior to storage. Philip Moran suggested a site visit by the Commission for Saturday, September 21 , at 9:00 a.m. Mr. Moran further stated that at the next Conservation Commission meeting, a vote will be taken on whether the existence of this site is significant to the protection of the Wetlands Protection Act. No action will be taken until our next meeting. PUBLIC HEARING — DR. KART, 204 HIGHLAND AVENUE • Philip Moran read the notice of the public hearing. This proposal involves the dividing of a parcel of land at 204 Highland Avenue into two separate lots, retaining ownership of both. Attorney Robert LeDoux and Varshak Hallack of Hancock Survey, Engineer for this project , were present representing Dr. Robert Kart, owner of the New England Veterinary Clinic. The proposal includes the construction of an access road to the second parcel which involves culverting a wetland area. Glenn Yale asked how may feet of filling would be needed as a result of the culvert crossing and Mr. Hallack replied 640 s. f. of vegetated wetland with 970 s. f. of wetland being recreated. He further stated that this would be done by using soft organic material excavated from the existing wetland area and that the vegetation would then respread and re—establish itself quickly. Paul Geoghegan asked what kind of vegetation existed in the area and Mr. Hallack stated that blueberry bushes and fern are present . Glenn Yale asked if the slope of the wetland area would be changed and Mr. Hallack replied that it would be changed somewhat to be continous with the existing wetland. He proposes a 2: 1 slope, A cut in the existing 86 contour would be cut back. Mr. Yale also asked how much filling would be involved in the road and Mr. Hallack answered that the • road would remain at the same elevation as currently exists but that a 22 ' wide strip would be paved. There will be no slope change between the N.E. Power property and N.E. Veterinary Clinic. Page 3 - • Regarding the proposed parking lot, Mr. Hallack noted that minimal filling would be done and there would be as little change in grade as possible. Glenn Yale asked if the lot would be paved and Dr. Kart replied that this has not yet been determined but that he would prefer it be paved. Mr. Yale asked if any calculations had been done on the size of the culverts and Mr. Hallack answered that in a 100 year storm, maximum elevation of 90 would be reached. Davis Lash asked for a brief description of the culvert and Mr. Hallack stated that the roadway is at a 2 :1 slope, is rip-rapped with large stones on the embankment and is of a corrugated metal structure. A mortared stone headwall will be constructed. Glenn Yale asked what type of erosion control plan was proposed and Mr. Hallack noted that hay bales would be placed along the shore of the wetland during construction. Mr. Yale also asked what method of de-icing would be used and Dr. Kart replied that he would be using sand for this purpose. He was amenable to a__condition which would prohibit the use of sand. • There being no further discussion, a motion was made by Harry Takis and seconded by Paul Geoghegan to close the public hearing. It was so voted. The Order of Conditions will bedrafted for vote at our next meeting. PUBLIC HEARING - MCNEIL, COLLINS COVE Chairman Philip Moran read the notice of the public hearing. The purpose of this hearing is to explore the effects of the construction of 36 townhouses on Szetela Lane (Collins Cove) . Thomas Southworth, President of McNeil Associates, and Dr. Hugh Mulligan and Dr. Jay Moore of Gulf of Maine Research were present to give a brief overview of this proposal. Mr. Southworth noted that the units will be constructed on the downhill section of the site, thus enhancing Collins Cove and minimizing the visual impact of the power plant from the abutters. The majority of the proposed condominiums will be two story structures with two bedrooms, each with a separate entrance. Only six three-bedroom units are proposed as Mr. Southworth noted that there is little demand for three bedroom units. A cul-de-sac will be placed at the end of the driveway and a gated fire lane will be built per the specifications of the Fire Department. It • will not be used for a travel lane. The main entrance was planned at the end opposite Bentley School to minimize traffic congestion in that area. f' - Page 4 - "Carriage house" garages will offer 30 parking spaces with an additional 37 open spaces and 30 "apron" type spaces for a .total of 22 spaces per dwelling unit. A 4' gravel path walkway will be provided over the perimeter of the site for public access to Collins Cove. The existing wall will be restored to prevent further erosion of the bank. The existing graveyard will be restored and public access to both the graveyard and the pier will be provided for Salem residents. However, the clubhouse will be for condominium residents only. A portion of the clubhouse has been set aside for use by the Crow I Club, but this has not yet been finalized. Regarding landscaping, Mr. Southworth stated that as many trees as possible will be preserved and also that a buffer zone from the existing neighborhood will be provided. Mr. Southworth has agreed to screen to the abutters' specifications. Plantings, grass strips, etc. will also be considered. A tree survey has been performed to maximize existing trees. A full Landscaping Plan will be provided to the Planning Department. Dr. Mulligan noted the resource areas to be protected are coastal bank, • coastal beach, land under the ocean, saltmarsh, and the land containing shellfish. Hugh Mulligan stated that the existing saltmarsh on the site will be protected and allowed to re-establish with a rip-rapped stone wall which has badly deteriorated and -that there have been some erosion problems on the property due to storms. The bank will be stabilized at a 1'x: 1 slope. Tom Southworth further stated that he will provide the Board with a detailed Erosion Siltation Control Plan. Glenn Yale asked how the proposed path will be constructed and Dr. Mulligan stated it will be a stone dust footpath served by a pressure-treated wooden footbridge at the inlet. The lowest elevation of the footbridge is above the flood elevation. (17 .5) Dale Yale asked if there was any danger regarding the stability of the bank during excavation of the foundations and Tom Southworth stated that no danger was anticipated. He further noted that the wetland boundary will be protected with hay bales until vegetation is restored. Glenn Yale expressed concern regarding the construction of the dock and Tom Southworth answered that there will be a float placed in front of the pier but that this will not be a permanent construction. It will be a barrel float with a "roller" ramp. No pilings will be employed. Staff Advisor Dale Yale noted that the City Enginner has reviewed this plan and anticipates no problem with it. • Following some discussion as to the existing proposed contours, a motion was made by Harry Takis and seconded by David Lash to continue the public hearing until our next meeting in order for some clarification to be obtained from McNeil 's. engineer. It was so voted. • — Page 5 — APPROVAL OF MINUTES Upon the motion of Harry Takis and second of Paul Geoghegan, a motion was made to approve the minutes of the previous meeting as amended. It was so voted. OLD/NEW BUSINESS Philip Moran noted that the Phoenix School has requested permission to use the Conservation Area next week and that he supports this. Upon the motion of Paul Geoghegan and second of Harry Takis, permission was granted. It was so voted. There being no further business, a motion was made to adjourn. Having passed unamiously, the meeting was declared adjourned at 10: 10 p.m. Respectfully submitted, Nancy Syatt • • t MINUTES OF MEETING • September 26, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room on Thursday, September 26, 1985. Present were Chairman Philip Moran, Vice—Chairman Glenn Yale, Martha Hogan, Harry Takis, Paul. Geoghegan, David Lash and Staff Advisor Dale Yale. Raymond Lavender was absent. FERRIS This is a continuation of a determination of the applicability on the Wetlands Protection Act held on September 12, regarding the junkyard on Franklin Street which is owned and operated by Charles Ferris and whether activity within 100' of the river is significant to the Act. Dr. Hugh Mulligan of Gulf of Maine Research was present to discuss this proposal. Vice Chairman Glenn Yale noted that during a site visit by the Conservation Commission on September 21 , 1985, evidence of radiators, crank case oil, etc. , existed within the junkyard, along the bank of the river. Chairman Philip Moran stated that there appeared to be inappropriate fill along the bank of the river and Paul Geoghegan further stated that there was evidence of oil being drained from the • automobiles within 100' of the wetland. Based upon the site visit, the Commission made the following findings of fact: 1 . There is universal evidence of auto fluids which have drained into the soil throughout. 2. Mr. Ferris has confirmed that auto parts are available to individuals who strip vehicles themselves, unsupervised, without regard to discharge of fluids. 3 . Automobiles are turned over rapidly on the site, which exacerbates the discharge of fluids. 4. Visual inspection of the soil shows prevalent contamination. 5. Inappropriate fill material extends out into the river forming a peninsula. 6. Neighbors have observed children playing in the junkyard and throwing material into the river. Glenn Yale expressed some concern regarding a buffer zone and possible vegetation and Hugh Mulligan stated that a retaining wall may be considered. • • - Page 2 - Mr. Yale asked about the prolerized material from car seats, which could affect the river and Mr. Ferris replied that car seats are not a marketable commodity. Glenn Yale expressed concern about having this material stored wthin the 100' boundary. Some discussion took place regarding the issue of fluids being drained from the autos prior to storage. Mr. Ferris indicated that he would try to do this. Tcommission agreed that this was an unworkable and unenforceable solution. Mr. Yale also asked if removing some of the cars on the lot had been considered and Mr. Ferris stated that this was not feasible as it would place an economic burden on the business and that all available space was needed for storage of cars. Ms. Mary Miller of Everett Road, an abutter of the junkyard was present to express her disapproval of the existance of Mr. Ferris' business. She stated that Mr. Ferris has had sufficient time to correct the detrimental situation that the junkyard proposes and has done nothing to improve the situation. After some discussion, a motion was made by Glenn Yale and seconded by • David Lash for a positive vote on the Determination of Applicability. A Notice of Intent will be required. It was so voted. CONTINUATION OF PUBLIC HEARING - MCNEIL COLLINS COVE This is a continuation of a public hearing to explore the effects of the construction of 36 townhouses on Szetela Lane (Collins Cove) . Mr. Thomas Southworth, President of McNeil. Associates presented the Board with a brief history of this proposal. Mr. Southworth stated that since the public hearing held on September 5, he has worked together with his engineer to define more clearly the existing and proposed contours of the proposed housing. Very little change in existing contours is planned. He further stated that it is proposed to maintain the maritime historic charactristics of the area in the architecture planned for the units. David Lash asked if there would be dormers within the structures and Mr. Southworth replied in the affirmative. Mr. Lash also inquired as to the number of levels of each unit and Mr. Southworth stated that they would all be two story structures. Staff Advisor Dale Yale asked what the base flood elevation is and Mr. Hugh Mulligan replied that it is elevation 17.5. Mr. Southworth noted that there would be no filling, with the exception • of building #5, which would have approximately 4' of filling in front of it. - Page 3 - • Thomas Southworth stated that rip-rap would be placed along the site at a 12: 1 slope to prevent erosion. Glenn Yale asked if the rip-rap stone would be indigenous to the area and Mr. Southworth replied in the affirmative. Mr. Yale asked how long construction would take and Mr. Southworth replied approximately 12-14 months, hopefully beginning before winter. Mr. and Mrs. Lee Richard of 16 Memorial Drive, abutters of Collins Cove were present to express their support of this proposal. There being no further discussion, a motion was made by David Lash and seconded by Paul Geoghegan to close the public hearing. An Order of Conditions will be drafted for approval at our next meeting. PUBLIC HEARING - SESD The purpose of this hearing is to explore the effects of the construction of a 2600 ft. segment of the Danvers-Beverly sewerage interceptor to provide relief capacity to the existing interceptor. This segment is a 42" diameter flexible joint force main. • Mr. Barry Hampson and Mr. Jim Ryan, Project Manager for Metcalf and Eddy were present to give an overview of this proposal. Mr. Hampson stated that currently, the existing force main does not have enough capacity to handle the existing flow. He further stated that the new 42" ductile iron pipe with 4'-6 ' of cover will be connected to the existing gate valve to provide better flow. A small retaining wall adjacent to Dead Horse Beach will be replaced following construction. There will be three post construction surveys of the ocean floor. Mr. Ryan noted, too, that construction time will be limited due to flounder spawning. Glenn Yale asked how these surveys would be conducted and Mr. Hampson replied that a diving company would take photographs of the bottom of the channel. Mr. Yale asked what would be used for a disposal site of excavated fill and Mr. Ryan replied that the fill would be spread widely over the bottom along the excvated area. This has not been definitely decided as yet. Mr. Geoghegan also asked if there would be a de-watering site present and Mr. Hampson explained that there would not be an area of land available to de-water. They intend to de-water on the barge. • • — Page 4 — Mr. Geoghegan asked if any marine fisheries had been contacted to inform them of the intent to distribute material and Mr. Hampson replied that they had not. Mr. Geoghegan felt that the plan to spread dredged material could increase the turbidity of the water. Glenn Yale asked where stockpiling of material. would take place and Mr. Ryan stated along the beach area, to either side of the pipe. Mr. Hampson noted that two excavation methods are being considered: One calls for siltation curtains to be placed along the sides of the trench approximately 100' apart. The second method would be to use steel sheeting to contain the excavated area. A determination has not been made as yet to which method will be employed. Glenn Yale asked s d wh en construction is proposed to an begin and Mr. Ryan Y replied that funding must first be acquired and then approval must be granted from the U.S. Division of Fisheries and Corps of Engineers. The Conservation Commission is the first step in the process. Following some discussion, a motion was made by Glenn Yale and seconded by David Lash to continue the public hearing until October 24. • DR. KART — ORDER OF CONDITIONS Upon the motion of Glenn Yale and second of David lash, the following Order of Conditions for Dr. Kart, Highland Ave. , was adopted. It was so voted. PLANS: HSA #2466 Grading & Utility Plan 7/9/85 A.F. Sharry III " " Engineering Calculations Various dates: Hancock Survey (Attached to Notice of 2/14/85 Associates Intent) 2/15/85 7/12/85 8/8/83 SPECIAL CONDITIONS: GENERAL 1 . All. work shall be in accordance with the Notice of Intent, including supporting documentation and the above referenced plans. 2. The Conservation Commission has determined that the bordering vegetated wetland to be significant to the Act. • Page 5 - • 3. Any changes made or intended to be made in the plans shall require the applicant to inquire of the Conservation Commission in writing, by Registered Return Receipt, whether the changes require Salem Conservation Commission comments or approval. 4. As-built plans, stamped by a Registered Professional Engineer, shall be submitted to the Commission prior to issuance of a Certificate of Compliance. 5. The above conditions designated by a ` shall remain in effect beyond a Certificate of Compliance issued for this phase of construction. ALTERATIONS TO THE WETLAND 1 . Any damaged or impaired bordering vegetated wetland shall be compensated for on a one for one, square foot for square foot basis in the following manner: a) The replacement areas shall. function in a manner similar to the area that will be lost. • b) The replacement area shall have surface and ground water elevations approximately equal to the wetland areas to be. filled. c) The overall horizontal configuration and location of the replacement area with respect to the bank will. be similar to that of the lost area. d) The replacement area shall have an unrestricted hydraulic connection to the same water body associated with the lost area. e) The replacement areas shall be located within the same general area of the waterway as the lost area. f) Wetland area to be filled: 640 + 50 s.f. Wetland area to be created: 970 - 50 s.f. 2. Notwithstanding the approval of plans, calculations and supporting documents referenced as part of this Order of Conditions, the respective discharge flows from the stream shall not be increased beyond its present level. 3. All replacement areas to be constructed shall be lined on their surface with topsoil excavated from the wetlands to be filled as a result of the project. Arrangements shall be made for storage and protection of the topsoil after removal and before replacement. • Page 6 - • 4. At least 75% of the surface of the replacement areas shall be re-established with indigenous wetlands plant species within two growing seasons. Prior to vegetative re-establishment, any exposed soil in the replacement area shall be temporarily stabilized in accordance with "Erosion and Sedimentation Control Guidelines", Publication #13 , 529-39-1000-2-84-C.R. , dated August, 1983. 5. A report shall be presented to the Conservation Commission and the DEQE at the end of two growing seasons subsequent to the implementation of this project indicating the amount of wetlands that has actually been replicated/created by the construction of the replacement areas and any associated construction or plantings. Any compensatory wetland area which does not revegetate with characteristic bordering vegetated wetland species over 75% of its surface area within two growing seasons shall be re-planted with characteristic species. A planting plan for such purposes shall be presented to and approved by the Salem Conservation Commission prior to its implementation. CONSTRUCTION DETAILS AND MITIGATION 1 . Prior to any construction within one hundred feet of the wetlands as shown on the above referenced plans, an erosion control and • sedimentation barrier shall be installed between the construction site and any down gradient bordering vegetated wetlands. The erosion controls and sedimentation barriers shall be established in accordance with "Erosion and Sedimentation Control Guidelines", Publication #13 , 529-39-1000-2-84-C.R. , dated August , 1983, and approved by the Salem Conservation Commission or its designated agent. 2. Banks bordering vegetated wetlands shall be disturbed as little as possible. Those bank areas requiring alteration will be regraded at a maximum slope of 12:1 , loamed and re-established with indigenous vegetation. At the top of said slope, a 6 ' level pervious landscaped zone shall be maintained. In locations where the applicant are unable to maintain the banks as defined above, detailed plans for those specific conditions will be submitted for Conservation Commission approval prior to construction. 3. If, during the course of construction, the Applicant discovers inappropriate fill within the wetland or buffer zone, it shall be promptly removed from the site. If said fill might be construed as hazardous, the following steps shall be taken. The Applicant shall immediately request a determination from the DEQE as to whether the material constitutes a hazardous waste. If DEQE determines the material to be non-hazardous, the Applicant will remove the material from the site or dispose of the matter on site in a manner approved by the Conservation Commission. Fill material which DEQE determines to be • hazardous shall be removed from the site within four weeks from the date of the positive finding. 1 _ y Page 7 - • The hazardous material shall be removed to an approved facility and copies of delivery slips shall be supplied to the Conservation Commission. Until such material is removed, the material shall be covered and surrounded by'hay' bales. The Applicant shall provide the Conservation Commission with copies of all correspondence to and from DEQE within seven calendar days. 4. The Applicant and/or his Engineer shall promptly submit drawings and specifications which show how both the proposed force main and utilities shall impact the wetland areas. Such drawings and specifications shall address the following: a. Method of construction b. Re-vegetation of disturbed wetlands C. Construction materials and shall be reviewed and approved by the Conservation Commission prior to construction. MAINTENANCE 1 . The Applicant, and its successors and assigns, shall be • responsible for maintenance of all drainage inlets and outlets and for ensuring that said maintenance becomes a condition of all leasing or ownership of the property. Copies of all such maintenance agreements shall be forwarded to the Conservation Commission and the DEQE. 2. The Applicant, and its successors and assigns shall be responsible for ensuring that salt (NaCl) as a deicing agent shall not be used on the roadways. APPROVAL OF MINUTES Upon the motion of Harry Takis and second of Paul Geoghegan, it was voted to approve the minutes of the previous meeting. It was so voted. There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was declared adjourned at 9:40 P.M. Respectfully submitted, Nancy Syatt • Joe 41 MINUTES OF MEETING • October 10, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room on Thursday, October 10, 1985 at 7:30 p.m. Present were Chairman Philip Moran, Martha Hogan, David Lash and Staff Advisor Dale Yale. Vice Chairman Glenn Yale, Harry Takis, Paul Geoghegan and Raymond Lavender were absent. Chairman Philip Moran called the meeting to order at 7:45 p.m. PUBLIC HEARING — SHETLAND MARINA Philip Moran read the notice of the public hearing. It was noted for the record that no quorum was present. The Chairman stated that the Commission wished to proceed if there was no objection • from those present. The absent members will review detailed minutes of the hearing prior to any vote. There being no objectrins, the hearings will proceed. The Chairman further noted that both hearings scheduled for this evening had been reviewed in detail by the Commission in the past. The purpose of this hearing is to explore the effects of dredging on the • south side of the South River east of Congress Street Bridge, and the construction of a marina adjacent to existing Shetland property. Dr. Peter Kronenberg, Property Manager of Shetland Properties and Mr. Hugh Mulligan of Gulf of Maine research were present to discuss this proposal . David Lash asked if a marine engineer had participated in the preparation of plans and Dr. Mulligan replied in the affirmative. Chairman Philip Moran noted that the Harbormaster has been consulted with respect to the piers and that he has a letter from the Harbormaster endorsing the extensions of all necessary permits to construct the marina. The Harbormaster feels that the proposal will not present any hazards to navigation. David Lash asked if this proposal would interfere with the operation of any public docks in the area and Dr. Mulligan replied that they would not be disturbed. The issue of where the dredged material was to be placed was discussed in some detail. The Army Corps permit allows them to de—water and dispose of the dredged material at sea (20-30 mi. out) but Shetland would like the option of storing the material at an appropriate site on their property and using hte de—watered material for fill appropriately. This possibility will be considered further. - Page 2 - • The matter of the content of the dredged material was also discussed. Peter Kronenberg noted that soil borings were taken and a copy of the results will be sent to the Commission. Dr. Mulligan added that the borings showed the material was relatively innocuous. Philip Moran asked if this plan was different from the one that was presented to the board in 1981 and Mr. Kronenberg stated that it was the same plan and that only the file number was different. It was also noted that the Army Corps Waterways and Marine Fishery permits were all current. The proposal will be before the Planning Board on October 17. Staff Advisor Dale Yale noted that she spoke with DEQE and they felt that where this is a new filing, a new file number should be assigned. Following some discussion, a motion was made by David Lash and seconded by Martha Hogan to close the public hearing. An Order -of Conditions will follow. POPEYE' S - INFORMAL DETERMINATION This proposal involves the construction of a 2500 sq. ft. fast food restaurant on Canal and Hersey Streets, between Alice's Ice Cream and The Donut Ring. Mr. Sam Tassel, owner of the several Popeye Restaurants, presented the board with an overview of this proposal . • Mr. Tassel noted that the building will provide parking on both sides and that 60-70% of the business will be take-out. Chairman Philip Moran asked if it was proposed to demolish Alice's Ice Cream and Mr. Tassel stated that it was not. ,Mr. Tassel noted that there is a catch basin present and that there would be no change in the contours of the land. Philip Moran asked what portion of the lot is paved and Mr. Tassel replied that the entire parcel is paved. There will be no change in the impervious cover of the parcel. Staff Advisor Dale Yale noted that the Conservation Commission has dealt with this parcel of land in the past and that concerns have been raised by neighbors regarding exacerbation of the existing drainage problems. There is a small, isolated wetland to the rear of the property which is vegetated. Philip Moran suggested that Mr. Tassel file a Request for Determination and that this could hopefully be resolved by the next meeting. • Page 3 - • MCNEIL This is a proposal which involves the construction of 36 townhouses on Szetela Lane (Collins Cove) . The units will be constructed on the downhill section of the site, thus enhancing Collins Cove and minimizing the visual impact of the power plant from the abutters. The majority of the proposed condominiums will be two story structures with two bedrooms, each with a separate entrance. A cul-de-sac will be placed at the end of the driveway and a gated fire lane to be used for emergencvy access will be constructed. This access gate will be built per the specifications of the Fire Department and will not be used for a travel lane. Upon the motion of David Lash and second of Martha Hogan, it was voted • to approve this proposal, subject to the following conditions: SPECIAL CONDITIONS: GENERAL 1 . . All work shall be in accordance with the Notice of Intent , including • supporting documentation and the above referenced plans. 2. The Conservation Commission has determined the coastal bank to be significant to the Act. 3. Any changes made or intended to be made in the plans shall require the applicant to inquire of the Conservation Commission in writing, by Registered Receipt Mail, whether the changes require Salem Conservation Commission comments or approval. 4. As-built plans, stamped by a Registered Professional engineer, shall be submitted to the Commission prior to issuance of a Certificate of Compliance. 5. The above conditions designated by a * shall remain in effect beyond a Certificate of Compliance issued for this phase of construction. CONSTRUCTION DETAILS AND MITIGATION 1 . Prior to any construction within one hundred feet of the wetlands as shown on the above referenced plans, an erosion control and sedimentation barrier shall be installed between the construction site and any down gradient bordering vegetated wetlands. The erosion controls and sedimentation barriers shall be established in accordance with "Erosion and Sedimentation Control Guidelines", Publication #13, • 529-39-1000-2-84-C.R. , dated August, 1983., and approved by the Salem Conservation Commission or its designated agent. Page 4 — 2. A detail of the proposed path shall be submitted to the Conservation Commission for review and approval prior to commencement of construction. 3. Reconstruction of proposed rock wall shall be at a minimum slope of 12: 1 and shall be constructed of indigenous rock. . 4. If, during the course of construction, the Applicant discovers inappropriate fill within the wetland or buffer zone it shall be promptly removed from the site. If said fill might be construed as hazardous, the following steps shall be taken. The Applicant shall immediately request a determination from the DEQE as to whether the . material constitutes a hazardous waste. If DEQE determines the material to be non—hazardous, the Applicant will remove the material from the site or dispose of the matter on site in a manner approved by the Conservation Commission. Fill material which DEQE determines to be hazardous shall be removed from the site with in four weeks from the date of the positive finding. The hazardous material shall be removed from the date of the positive finding. The hazardous material shall be removed to an approved facility and copies of delivery slips shall be supplied to the Conservation Commission. Until such material is removed, the material shall be covered and surrounded by hay bales. The Applicant shall provide the Conservation Commission with copies of all correspondence to and from DEQE within seven calendar days. MAINTENANCE 1 . The Applicant, and its successors and assigns, shall be responsible for maintenance of all drainage, inlets and outlets and for ensuring that said maintenance becomes a condition of all leasing or ownership of the property. Copies of sll such maintenance agreements shall be forwarded to the Conservation Commission and the DEQE. 2. Gas traps shall be installed in all catch basins. Cleaning on an annual basis, and maintenance of such catch basins shall be the responsibility of the developer, his successors or assigns. NAUMKEAG Regarding Naumkeag Salvage on Broadway, Staff advisor Dale Yale will send a letter to Mr. Lionel Pelletier requesting a topographic plan indicating the removal of material from the bank, how the bank will be stabilized, the loaming and seeding of the bank and the vegetated buffer. Repeated attempts to resolve the issue amicably have produced no results. Therefore, the Enforcement Order issued in September will be reocorded. This will act as a lien on Mr. Pelletier' s property. • Page 5 • MOOSE LODGE — EXTENSION The Moose Lodge wishes an extension of their Order of Conditions to culvert behind their property. A condition of the original approval was that cleaning of the culvert under Highland Avenue would take place prior to construction on the Moose property. The DPW has not yet completed this cleaning; therefore, an extension is necessary. Upon the motion of David Lash and second of Martha Hogan, it was voted to grant a six month extension of the Order of Conditions. It was so voted. PUBLIC HEARING — S.H.S. SOCCER FIELD Philip Moran. read the notice of the public hearing. 0 The purpose of this hearing is to explore the effects of the upgrading of the existing soccer field and the construction of an additional field at Salem High School, off Willson Street. The present field will be turned and an additional field will be constructed adjacent. Mr. Richard Carniero, engineer for Rizzo Associates, was present _to,give the board an overview of this plan. • Mr. Carniero stated that this plan is somewhat different from the one that was originally presented. He noted that the grading has been changed and that the wetland area to be filled would be 4680 s. f. , with 5595 s.f. of compensatory area. He further stated that the use of the fields would be rotated, thus , keeping the wear of the grass minimized. David Lash asked what the anticipated sequence of construction is and Mr. Carniero stated that the area would be excavated and graded, followed by filling and spread of organic material, loam and seed of fields. Mr. Lash also asked if any wetland organic material would be stockpiled and Mr. Carniero replied in the affirmative. It was agreed that this organic material would be spread over the compensatory area to aid in re—vegetation. Upon the motion of Martha Hogan and second of David Lash, the public hearing was declared closed. It was so voted. An Order of Conditions will follow. APPROVAL OF MINUTES Upon the motion of David Lash and second of Martha Hogan, the minutes of the previous meeting were approved as corrected. It was so voted. Y Page 6 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, Il� . Nancy Syatt ti • pr MINUTES OF MEETING • October 24, 1985 The Salem Conservation Commission met at One Salem Green, second floor conference room on Thursday, October 24, 1985 at 7:30 P.M. Present were Chairman Philip Moran, Vice-Chairman Glenn Yale, Martha Hogan, David Lash, Paul Geoghegan, Harry Takis Raymond Lavender and Staff Advisor Dale Yale. Vice-Chairman Yale called the meeting to order at 7:35 p.m. PUBLIC HEARING - DAN MACKEY, LEGG'S HILL ROAD Glenn Yale read the notice of the public hearing. The purpose of this hearing is to explore the effects of the removal of. gravel from property located on Legg' s Hill Road, within a wetland area. Attorney Timothy O'Keefe and Mr. Ted Forbes of Hancock Survey were present representing Mr. Mackey. Mr. Forbes stated that it is proposed to excavate to elevation 30, within the buffer zone of the pond and that a hay bale barrier would be installed to prevent sedimentation into the pond. Mr. Forbes further stated that gravel will be excavated as it is requested by Mr. Mackey' s customers. Therefore, the removal process . could take several years. Glenn Yale asked what grade they proposed and Mr. Forbes replied the slope would be 10%. Glenn Yale felt this slope was excessive. Mr. Forbes noted that the City required a maximum of 10% for secondary streets. Mr. Yale expressed concern regarding future development of this area and asked if any hydraulic calculations have been done to determine what effects a 100 year storm would have on the pond and Mr. Forbes answered that there is not sufficient information to determine this at the present time. Mr. O'Keefe further noted that Mr. Mackey still has the ultimate say in what is done there and the risks are his. A siltation and erosion control program was discussed and Staff Advisor Dale Yale suggested that a silt fence might be more effective than hay bales. Mr. Bob Marsilia of Linden Ave. , an abutter to the pond, expressed concern over the stability of the bank. Mr. Roger Boucher added he was concerned about the dumping of inappropriate material on the site and Mr. Mackey replied that there was no inappropriate material in the buffer zone. • David Lash stated that he would like to look at Mr. Mackey's property before making a decision on this proposal and it was then suggested that the board arrange a ,site visit. — Page 2 — Following some discussion, a motion was made by David Lash and seconded by Ray Lavender to continue the public hearing. It was so voted. CERTIFICATE OF COMPLIANCE — DON MASELLA, MARLBOROUGH ROAD Staff Advisor Dale Yale stated that she has looked at Mr. Masella' s property and feels that he has filled the requirements of the Order of Conditions. Upon the motion of Harry Takis and second of Ray Lavender, the Certificate of Compliance was approved. It was so voted. MAYNARD PLASTICS — SWAMPSCOTT ROAD Mr. George Seeley of The Fafard Companies was present to discuss two issues. One is a proposal which involves the construction of 3 42" diameter pipes to run under Swampscott Road just at the entrance to the Maynard Plastics site. Philip Moran and Glenn Yale had visited the site and met with David Westerling, Engineer for Fafard. Presently, a 30" culvert exists which is grossly inadequate. Fafard proposes the cosntruction of 3 42" pipes • and possibly leaving the existing 30" in place to act as a french drain. Mr. Seeley would like the Conservation Comi.ssion' s guidance as to what design storm to use. It was noted the Ebershoff development used a 100—yr. design storm. Fafard will be re—looking at the hydraulic calculations and will return with a design in the near future. I The second issue Mr. seeley wished to discuss is the issue of a drop of one foot elevktions for Maynard Plastics. Staff Advisor Dale Yale asked if the culvert would be designed to a 100 year storm and Mr. Seeley replied that he has talked with the City Engineer who feels that a 50 year storm is adequate. Mr. Seeley further stated that if the culvert is designed for less than a 100 year storm, no storage area would be present. i Mr. Seeley stated that earlier cut and fill calculations were incorrect due to inacurate topographic calculations. Flood elevations were lowered by one ft . but have the same amount of run—off and will have no greater impact on the neighboring wetlands. ORDERS OF CONDITIONS: Upon the motion of Harry Takis and second of Martha Hogan, the Order of • Conditions for McNeil was approved, as drafted. It was so voted. PP' - Page 3 - • Upon the motion of Martha Hogan and second of Paul Geoghegan, the Order of Conditions for Shetland was approved, as drafted. It was so voted. Upon the motion of Paul Geoghegan and second of Raymond Lavender, the Order of Conditions for the Soccer Field was approved, as drafted. It was so voted. Upon the motion of Harry Takis and second of Martha Hogan, the Orders of Conditions as drafted were approved. APPROVAL OF MINUTES Upon the motion of Harry Takis and second of Raymond Lavender, the minutes of the previous meeting were approved as amended. • There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was declared adjourned at 9:30 p.m. Respectfully submitted, • Nancy Syatt MINUTES OF MEETING November 14, 1985 The Salem Conservation Commission met on Thursday, November 14, 1985 at 7 :30 p.m: .at One Salem Green, second floor conference room. Present were Vice-Chairman Glenn Yale, Raymond Lavender, Harry Takis, David Lash, and Martha Hogan. Chairman Philip Moran, and Paul Geoghegan were absent. Vice-Chairman Glenn Yale called the meeting to order at 7:35 p.m. DETERMINATION OF APPLICABILITY - JOSEPH GALLO, ORLEANS AVENUE Vice- Chairman Yale read the notice of the Determination. Mr. Joseph Gallo presented the Board with a plan which involves the construction of a single family home at 15 Orleans Ave. , which will involve filling and re-grading of the lot. Mr. Gallo stated that there is a wetland to the rear of the lot but a drain pipe was previously installed by the state which has alleviated the wetland problem. Glenn Yale asked if either abutters property or any wetland area would be infringed upon as a result of this proposal and Mr. replied that it would not . SMr. Yale asked what type of fill would be used and Mr. Gallo stated that he proposes to use solid gravel and noted that he will purchase this once the building permit is filed. Glenn Yale asked how the slope of land would be treated and Mr. Gallo replied that a vegetable garden exists on the slope and that this area will not be excavated. Mr. Yale asked what the change in elevation would be between the fill and abutters property and Mr. Gallo replied that it would be approximately 3 ft. Following some discussion, the Board suggested a site visit before making a vote on the Determination of Applicability. DETERMINATION OF APPLICABILITY - SALEM STATE PARKING LOT Glenn Yale read the Notice of the Determination. This involves the upgrading of two existing parking areas on Salem State property. One area is adjacent to the Library off of Lafayette Street. It is presently a lynn pack lot which they wish to pave and paint lines, thereby maximizing the parking spaces. There is a small wetland to the rear of the lot, however, there is minimal potential for impact. It is • proposed to install catch basins which will drain into the closed drainage system already existing. • — Page 2 — Mr. John Welsh of the Division of Capital Planning, Mr. Joe Mulligan and Mr. Richard Maars, Vice President of Salem State College, and Mr. Bill Holland orf' Phineas Alpers Architects were present to give the Board an overview of this proposal. It was noted that the City is very much in favor of maximizing parking for Salem State to alleviate the parking problems on the streets. Mr. Yale raised the issue of snow removal and Mr. Holland stated that this will be done by a contractor and that sand will be used. Glenn Yale asked if additional landscaping is proposed and Mr. Holland stated that none will be added to the landscaping which already exists. Mr. Yale asked if it was proposed to further upgrade the area and Mr. Holland replied that this would be proposed if funds are available. Mr. Holland noted that it is proposed to extend and square off this lot. Some erosion exists, which will be cleaned out, the slope will be stabilized to prevent erosion and catch basins will be installed into the storm drain systems. • Mr. Yale asked when construction is expected to begin and Mr. Holland replied that it would start some time next summer. Glenn Yale expressed concern regarding the existing swale and Mr. Holland replied that it is an isolated wetland of approximately 15-20 feet with no standing water or continuation. ,Some discussion took place regarding the construction process and the impact it would have on the isolated wetland. A detail of the process will be submittgd to the Commission for review prior to making a decision on the determination. The second lot is off of Harrison Avenue at the South Campus. Paving is proposed beyond the buffer zone line. This is an existing lot which is currently lynn pack. They plan to pave this lot with a porous bituminous to aid in drainage. Mr. Holland noted that the lot will be paved with a porous asphalt material. Glenn Yale asked if additional run—off was anticipated and Mr. Holland replied that it was not expected and that the material to be used is similar to asphalt paving. Mr. Holland further noted that the State DPW has used this material on some highways and has proven to be very effective after several years and "proposed no problems with freezing conditions. • Following some discussion, a motion was made by Ray Lavender and seconded by Harry Takis for a negative determination. , It was so voted. — Page 3 — • CONTINUATION OF HEARING — SESD — INSTALLATION OF NEW INTERCEPTOR Mr. Barry—Hampson and Mr. Jim Ryan, Project Manager for Metcalf and Eddy were present to discuss this proposal which involves the construction of a 2600 ft . segment of the Danvers—Beverly sewerage interceptor to provide relief capacity to the existing interceptor. This segment is a 42" diameter flexible joint force main. Mr. Hampson noted that the primary method of excavation will be performed with a clamshell bucket which will dig to a depth of 11 ft. He further noted that silt screens will not be used, as planned, due to the high tital current speed (app. 1'k — 2 knots) . Every effort will be made to prevent erosion. Approximately 35,000 yards of dredged material will be excavated and n brought to land, then transportated to the Corps of Engineers by truck. Mr. Hampson stated that sidecasting is the least disruptive method of construction and that the sediment quality would be consistent with the rest of the harbor. Harry Takis asked what additional permits would be required and Mr. Hampson stated that he would need a Water Quality Certificate and • approval from Chapter 91 Division of Wetlands and Waterways and also from the Corps of Engineers. Glenn Yale asked if there would be any impact on marine fisheries and Mr. Hampson stated that no construction will be performed during spawning season, between February 15 and April 15. Mr. Yale asked if a pre and post survey would be done and Mr. Hampson replied in the affirmative and noted that Metcalf and Eddy would hire a subcontractor to do this. Following some discussion, a motion was made by Ray Lavender and seconded by Harry Takis to close the public hearing. An Order of Conditions will follow. It was so voted. MACKEY It was noted for the record that Mr. Mackey, his attorney, or engineer were not present to 'discuss Legg' s Hill or Broadway. Upon the motion of David Lash and second of Harry Takis, the Legg' s Hill issue will be continued until our next meeting. It was so voted. As a coutesy to the applicant, the public hearing notice was not read; therefore the hearing is nullified. The applicant will be given leave • to re—submit his application. Page 4 — • APPROVAL OF MINUTES Upon the motion of Raymond Lavender and second of Harry Takis, the minutes of the previous meeting were approved. There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was declared adjourned at 9:45. Respectfully submitted, Nancy Syatt • • • MINUTES OF MEETING December .12, 1985 The Salem Conservation Commission met .on December 12, 1985 at One Salem Green, second floor conference room. Present were Chairman Philip Moran, Vice—Chairman Glenn Yale, Ray Lavender and Harry Takis. Martha Hogan, Paul Geoghegan, David Lash and Dale Yale were absent. p Vice Chairman Glenn Yale called the meeting to order at 7:35. DETERMINATION OF APPLICABILITY — POPEYE"S, CANAL ST. Glenn Yale read the notice of the Determination. Mr. Sam. Tassel 'representing Popeye'soand Dr. Hugh Mulligan of Gulf of Maine Research were present to discuss this plan which involves the construction of a 2500 sq. ft. fast food restaurant on an existing paved surface on Canal and Hersey Streets, .between Alice' s Ice Cream and The Donut Ring. This area is zoned for .this use. The property is within Zone B, flood hazard area and is outside any wetland resource area or buffer zone. • Dr. Mulligan stated that landscaping will be provided on the Canal St. side of the 100 X 150 sq. ft. site. He further noted that this area is subject to 100-500 year storm, this not being classified as a wetland resource area. Speaking in opposition to the plan were Mr. Roger Dyer and Mr. Ray Frazier, both of Hersey Street. Also present expressing disapproval. of the plan was Ward VII Councillor, Jack Nutting. Major concern was with regard to the proximity of Popeye ' s to Alice' s Ice Cream. Lighting and drainage were .among other concerns expressed. Philip Moran stated that while this area is subject to flooding, the area is paved and not classified as a wetland area. Upon the motion of Philip Moran and second of Ray Lavender, a negative determination will be issued. It was so voted. PUBLIC HEARING — DANNY MACKEY, BROADWAY Glenn Yale read the notice of the public hearing. Attorney Timothy O'Keefe and Mr. Ted Forbes of Hancock Survey were present representing Mr. Mackey who proposes to stabilize the existing bank adjacent to Rosie' s Pond at 58 Broadway. The bank has been filled and altered substantially over the past several months. Also, the fill • that has been placed there covers salvage materials that Mr. Mackey stores on his property. • — Page 2 — Glenn Yale asked what the current elevation of the slope is and Mr. Forbes replied that it is 1 :1 , which he feels is more than adequate and that this is uniform across the entire parcel. Mr. Yale stated that a 1 : 1 slope with the proposed slope is inconsistent with DEQE recommendations. Glenn Yale expressed concern regarding the stability of the slope and stated that any material felt to be inadequate by the Board should be removed. Mr. Mackey stated that the bank, which is made up of natural ,grass growth and impervious clay has existed for many years with no evidence of erosion. Mr. Mackey suggested constructing a vertical wall and Mr. Yale stated that a 2: 1 slope would be preferable. Glenn Yale asked what the previous level of the slope was and Mr. Mackey stated that it was at elevation 20. Philip Moran asked Mr. Mackey if he plans to sell his property in the near future and Mr. Mackey replied in the affirmative. • Glenn Yale expressed concern regarding what materials are present underneath the bank and the future of Rosie' s Pond. He stated that this is an unstable bank and suggested a 21E. Mr. Yale asked if the bank is sealed with clay and Mr. Mackey replied in the affirmative. Mr. Yale stated that he would like to see a plan of how the bank will be stabilized. Upon the motion of Phil Moran and second of Ray Lavender, the public hearing will be continued following a site visit by the Board. It was so votea. r LEGG'S HILL, ORDER OF CONDITIONS Attorney Timothy O'Keefe and Mr. Ted Forbes of Hancock Survey were present representing Mr. Mackey who proposes to excavate to elevation 30 within the buffer zone of the pond on his property. Glenn Yale asked how many cubic yards of material would be removed and over what time frame and Mr. Mackey replied that approximately 70,000 cu. yards of material would be removed and stated that it would be done over an indefinite period of time. Mr. Yale asked how long it would take to excavate to elevation 40 and Mr. Mackey replied that this would depend entirely upon the demand for gravel. • Mr. Yale noted that the Board is concerned regarding the water table of the pond and protection of public water supply. — Page 3 — Stability of the slope and erosion control were other concerns -raised by the Board, and Mr. Forbes noted that silt fences can be used instead of hay bales. Glenn Yale asked if Mr. Mackey proposes to fence the area and Mr. Mackey replied that this is not proposed due to the expense involved. Ward VII City Councillor Jack Nutting addressed the Board stating that the level of the pond has risen over the 'past several years and asked the Conservation Commission to do whatever was in -the best interest of Salem. Following some discussion, the public hearing was declared closed. An Order of Conditions will follow. Mr! Mackey agreed to waive the 21—day i time limit for drafting the Orders. PUBLIC HEARING — STANLEY MIKULSKI, ALMEDA ST. Philip Moran read the notice of the public hearing. This proposal involves the construction of two single—family dwellings • within the buffer zone of a bordering vRgetated wetland on Almeda street.. No filling or altering of the wetland is proposed, but some filling will be necessary to level an area for the home construction. Mr. John Dick of Hancock Survey was present to discuss this plan. He stated that the proposed slope would be approximately 3:4:1 in height and that 100-135 cubic yards of material will be brought on the site. Glenn Yale asked if excavation is proposed outside of the hay bales as indicated on the plan and Mr. Dick replied in the negative. Mr., John Wright and Mr. and Mrs. Divirgilio of Almeda Street and Ward IV ' City Councillor Lenny O'Leary were present to speak in favor of the proposed construction. All were very much in support of this plan. Upon the motion of Glenn Yale and second of Ray Lavender, the public hearing was declared closed. An Order of Conditions will follow. An amendment to the plan detailing erosion control procedures will be submitted. DETERMINATIONS: Upon the motion of Glenn Yale and second of Ray Lavender, a negative Determination will be issued to Mr. Joseph Gallo for his project on Orleans Ave. It was so voted. • Upon the motion of Harry Takis and second of Raymond Lavender, a negative determination will be issued for the Salem State College parking lot located off of Harrison Ave. - Page 4 - • Upon the motion of Harry Takis and second of Ray Lavender, a negative determination will be issued for the Salem State College lot located off of Lafayette Street with the following condition: 1 . Crossing of the pipe across the finger wetland shall be performed in accordance with the letter submitted by Haley and Aldridge. CERTIFICATE OF COMPLIANCE - NEPCO Upon the motion of Glenn Yale and second of Harry Takis, two Certificates of Compliance will be issued to New England Power Company. It was so voted. APPROVAL OF MINUTES Upon the motion of Harry Takis and second of Ray Lavender, the minutes of the previous meeting were approved. OLD/NEW BUSINESS 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, Nancy Syatt r • 9