1986-CONSERVATION COMMISSION • MINUTES OF MEETING
January 16, 1986
The Salem Conservation Commission met on Thursday, January 16, 1986 at:
One Salem Green, second floor conference room at 7:30 p.m. Present were
Chairman Philip Moran, Glenn Yale, Paul Geoghegan, Martha Hogan, Ray
Lavender, Harry Takis, and Staff Advisor Dale Yale. David Lash was
absent.
Philip Moran called the meeting to order at 7:30 P.M.
PUBLIC HEARING - CITY OF SALEM - SWAMPSCOTT ROAD SEWER AND WATER
IMPROVEMENTS
Philip Moran read the notice, of the public hearing.
Mr. Bruce Thibodeau, Project Manager for LEA Engineering, presented the
Board with a proposal which involves the construction of 2300' linear
feet of water main, sewer force main, and gravity sewer, and a waste
water pump station on Swampscott Road. The pump station is located
within a wetland area roughly opposite the North Shore Tennis Club.
Resource areas significant to the Act are: inland bank, bordering land
subject to flooding, and land under a water body.
• Mr. Thibodeau explained that the wetland follows along Swampscott Road,
crosses the existing culvert and continues along through the lot. He
noted that the culvert will be taken out for the purpose of opening up
the wetlands.. There will be a general cleaning up of the brook. Some
filling is proposed along the bank. The entire area will be paved and
drainage will be into the existing brook. A 12: 1 slope is proposed,
with rip-rap to minimize erosion.
Glenn Yale asked how the edge of the wetlands was defined and Mr.
Thibodeau replied that it was determined by vegetation and water.
Regarding de-watering, Mr. Thibodeau noted that the specifications call
for hay bales and control sedimentation. A full-time resident
inspection by a Clerk of the Works will be hired by the City during
construction.
Paul Geoghegan asked what the elevation of the bottom of the fuel oil
tank would be and Mr. Thibodeau stated that it was approximately 8-9 ft.
deep.
Philip Moran raised the issue of the removal of fill from the site and
Mr. Thibodeau responded that mostly rock will be excavated from the
foundation which can in turn be used as rip-rap. Mr. Moran asked if the
fill will be stored on the site And Mr. Thibodeau replied in the
affirmative stating that it will not be stockpiled in the wetlands and
that an appropriate place will be found. Mr. Moran further asked if
• there were any provisions relative to stockpiling and Mr. Thibodeau
stated that provisions were addressed in the specifications plan.
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Glenn Yale expressed concern regarding sedimentation control and
suggested that a plan be submitted to the Engineering Dept. and
Conservation Commission prior to de-watering. Mr. Thibodeau stated that
these plans will be coordinated and submitted accordingly.
Further, it was agreed that no final payment will be made to the
contractor until a Certificate of Compliance is issued by the
Conservation Commission. That way, the Commission can monitor the
adequacy of revetation, etc.
There being no further discussion, the public hearing was declared
closed. An Order of Conditions will follow.
PUBLIC HEARING. - MBTA' - TRAIN STATION, BRIDGE STREET
Philp Moran read the notice of the public hearing.
Mr. Stephen Erickson, Project Engineer for T.K. Dyer, presented the
Board with a proposal which involves the construction of a new 815
platform, busway, shelters, handicapped access, and parking for 300 cars
at the site of the former temporary train station off Bridge Street.
• Mr. Erickson noted that reolocation of the train station is desired
because of limited access, excessive congestion of traffic and limited
parking. The new station has been designed in conjunction with the
Bridge .St . by-pass. The entire rail will be renewed along the main line
to Boston. One leg of the track will be removed and the tunnel will be
fenced off for the storage of railroad materials.
Regarding design criteria, security will be maximized, accessibility for
the handicapped will be available, adequate parking will be provided and
directional information will be provided for users of the train station
through signage. Two 45 ' long canopies with windscreens will be
provided for shelter.
A paved parking lot is proposed where a gravel lot currently exists-
Staircases will be constructed from the bus and train level and rotary
area. The existing ramp from Bridge to North Street will be eliminated.
Dale Yale asked if the proposed windscreens would offer proper
protection for waiting passengers and Mr. Erickson stated that there is
only an overhead protection. Dale Yate stated that it was the City' s
desire to ensure that passengers would have adequate protection. Mr.
Muldoon of the MBTA suggested that a letter be drafted to Mr. O Leary of
the MBTA.
Philip Moran expressed concern regarding the impact this project will
• have on the North river and Mr. Erickson explaiend that the River is
currently protected by a seawall , thus posing no adverse impact on the
River.
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Mr. Moran questioned the use of salt for de-icing and Mr. Erickson
stated that the MBTA does not allow the use of salt for this purpose.
Mr. Erickson noted that incoming water and oil will drain through a 24"
pipe and then flow into an oil separator which works on a gravity
system. Elevation of the top of the tank and pipe will be approximately
equal . The estimated length of time for oil/water .to pass through the
pipe is 5 minutes.
Staff Advisor Dale Yale expressed concern regarding maintenance of the
oil separator tank and Mr. Erickson stated that this would be the
responsibility of the MBTA.
Glenn Yale asked if any areas on the site would be appropriate for snow
storage and Mr. Erickson replied that along the wall and on one side of
the track may be considered for this purpose. The Commission is opposed
to dumping plowed snow directly onto the North River.
Philip Moran noted that the drainage problem of oil and gas into the,
North River may be further exacerbated as a result of the proposed
parking lot and Mr. Thomas Muldoon of the MBTA noted that once the
• project is complete, a maintenance program will be put into effect that
will address this concern and also the cleaning of the oil tank. Mr.
Muldoon further stated that this can be addressed in the Order of
Conditions.
Mr: Moran and Glenn Yale raised the issue of the importance of the
proper and frequent inspection of the tank and Mr. Muldoon stated that
he would refer to the railroad operations personnel and the B & M to
insure proper maintenance and inspection of the tank. The Commission
would strongly urge the T to consider more trees on the site.
Glenn Yale asked what type of vegetation would be provided and Michael
McGuinness of the MBTA stated that there will be several plantings in
the vicinity of the main entranceway on Bridge Street. Mr. Muldoon
suggested that the Planning Board contact the General Manager of the
MBTA to request these plantings at the completion of the project .
There being no further discussion, the public hearing was declared
closed. An Order of Conditions will follow.
DETERMINATION OF APPLICABILITY - SALEM STATE COLLEGE - PRESS BUILDING,
OFF CANAL STREET
This involves a proposal to construct a concrete block and shed type
facility adjacent to the soccer field off Canal street abutting the
• O'Keefe Athletic Center. There is a small wetland to the rear of the
field. The proposed location of the building will be on the site where
bleachers were proposed in a former Determnation (negative) . The
bleachers were erected at a different location. and the college would
now like to erect a building at that location.
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Upon the motion of Glenn Yale and second of 'Paul Geoghegan, a negative
determination, will be issued to Salem State College. It was so voted.
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ORDERS OF CONDITIONS
Legg' s Hill:
This is a continuation of a discussion on a proposal by Mr. Danny Mackey
to excavate to elevation 30 within the .buffer zone of the pond on his
property. Attorney Timothy O'Keefe was present representing Mr. Mackey.
Mr. O'Keefe suggested a compromise of excavating to elevation 35 instead
of 40, as referenced in the Order of Conditions issued to Mr. Mackey.
He stated that, there is no evidence of lack of stability in the slope at
elevation 40.
Upon the motion of Philip Moran and second of Raymond Lavender, it was
recommended that elevation 35 be accepted. Glenn Yale felt strongly
that the excavation should be limited to elevation 40 and that a lower
elevation could pose hazardous conditions to ground water. Further, if
Mr. Mackey wishes to return to the Commission in the future after he has
excavated to elevation 40, a Determination could be made as to whether
• there was a significant impact or not: Mr. Yale further expressed
concern regarding dust control generated from excavation and suggested
that the utilization of a water wagon be addressed in the final Order of
Conditions to control this problem. The motion failed, one in favor,
five opposed.
Upon the motion of Glenn Yale and second of Paul Geoghegan, an Order of
_ Conditions will be issued for Legg' s Hill with the limit of excavation
being held to elevation 40. it was so voted, five in favor, one
opposed.
Broadway:
This is a continuation of discussions involving a proposal by Mr. Danny
Mackey 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. Attorney
Timothy O'Keefe was present representing Mr. Mackey.
Regarding a recent visit by the Conservation Commission to the site,
Glenn Yale stated that unacceptable fill was still present within 100'
of the wetland area which is in violation of the boilerplate Order of
Conditions. Philip Moran noted he was "disappointed" at thelack of
progress on cleaning up the site. Mr. Mackey had indicated on several
• occasions that progress had been made in removing unacceptable materials
and re—vegetating the slope. This obviously has not been done. Mr.
Yale expressed concern regarding the removal of the fill,
restabilization with an imperviuos, acceptable material and revegation
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Philip Moran suggested a vertical wall be put outside of the bank and
Mr. Mackey stated that this would be agreeable. This will be addressed
in the Order of Conditions. Mr. Yale asked how the wall would tie in
with the corner of Mr. Mackey' s property. Mr. Mackey replied that it
will tie in at a 90 degree turn and will not encroach upon abutters
property.
Glenn Yale suggested that engineering plans be submitted to the
Conservation commission at the completion of the project.
There being no further discussion the public hearing was declared
closed. An Order of Conditions will follow.
APPROVAL OF MINUTES
Upon the motion of Ray 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 unamiously, the meeting was declared adjourned at 10:00 p.m. '
c�Respectfully submitted,
Nancy Syatt V
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MINUTES OF MEETING
• January 30, 1986
The Salem Conservation Commission met at One Salem Green on Thursday,
January 30, 1986 at 7:30 P.M. , second floor conference room. Present
were Chairman Philip Moran, Vice— Chairman Glenn Yale, Paul Geoghegan,
Martha Hogan, David Lash, Ray Lavander and Staff Advisor Dale Yale.
Harry Takis was absent.
Philip Moran called the meeting to order at 7:30 P.M.
DETERMINATION OF APPLICABILITY, JOHN BRENNAN, LAFAYETTE STREET
This proposal involves the construction of a stationary pier in front of
the seawall off of Mr. Brennan' s property on Lafayette Street to provide
access to Salem Harbor. The applicant also proposes to attach a
pivoting gangway running down to a float. The gangway and float will be
removable and stored on his land during the off—season.
Dale Yale asked if any seagrass existed under the pier and Mr. Brennan
replied in the affirmative, but noted that it was not in the vicinity of
the float.
Philip Moran questioned the number of pilings that are being proposed
• and how the float would be secured. Mr. Brennan stated that 4 pilings
are proposed and that the float will be secured with anchored moorings.
Staff Advisor Dale Yale felt that the proposed pilings may necessitate
the need for an Army Corps permit.
Mr. Brennan noted that some repairing of the seawall would be necessary
for installation of the pilings. Glenn Yale suggested that an engineer
examine the wall to determine the best procedure for repair.
Upon the motion of David Lash and second of Raymond Lavender, the Board
recommended a positive determination and that a Notice of Intent be
filed regarding this proposal.. It was so voted.
SWAMPSCOTT ROAD CULVERT
This proposal involves the installation of a culvert at the Maynard
Plastics site on Swampscott Road. This culvert will be constructed in
conjunction with the proposed pump station and sewer and water
utilities. The Maynard Plastics Order of Conditions specifies that any
culverts being installed must be independently reviewed by the
Conservation Commission.
Following a recent site visit by Philip Moran and Glenn Yale, and some
discussion by the Board, the following concerns were expressed:
• 1 . A provision for a 3rd land on Swampscott Road should be made at
the discharge end of culverts."
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2. The contour extending from the road elevation to the top
elevation of the pipe shall be maintained at a slope of 12:1 .
3 . An erosion and sedimentation control plan shall be submitted to
the Conservation Commission for review and approval.
De-watering provisions during construction shall be included.
A letter will be sent to the developer addressing these issues.
OLD/NEW BUSINESS
Regarding -Legg' s Hill, the Applicant has advised the Commission that
they may have new information regarding the elevation imposed by the
Commission in ots Order. The Applicant questioned whether the
Commission would entertain hearing the new information.
Following some discussion, it was agreed that if the Applicant submitted
written evidence in advance of the next meeting, the Commission would
review and hear the information. If, upon review they feel the evidence
is significant, they will re-open the public hearing and nullify the
Order. If the evidence is deemed not to be significant, the appeal
period will be tolled from that evening to allow the Applicant to
appeal.
• -APPROVAL OF MINUTES
Upon the motion of..Ray Lavender and second of Paul Geoghegan, the
minutes of the previous meeting 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: 15 P.M.
Respectfully submitted,
Nancy Syatt
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• MINUTES OF MEETING
February 13, 1986
The Salem Conservation Commission met at One Salem Green on Thursday,
February 13 , 1986, at 7 :30 p.m. at One Salem Green, second floor
conference room. Present were Chairman Philip Moran, Glenn Yale, Paul
Geoghegan, Ray Lavender, Martha Hogan, Harry Takis and Staff Advisor
Dale Yale.
David Lash was absent.
Chairman Moran called the meeting to order at 7:35 p.m.
DETERMINATION OF APPLICABILITY - ALMEDA STREET
Philip Moran read the notice of the determination.
Attorney Michael McMann Was present representing Mr. Thomas Maribito and
Mr. David Tremblay who propose to extend Almeda Street to provide
frontage for two single-family lots. There is a large pond in the
immediate vicinity of the road right-of-way; therefore the Building
Inspector directed the Applicant to the Conservation Commission for
guidance before he went any further in applying for the necessary
permits. It appears from our maps that a substantial amount of fillipg
would be necessary in order for the road to be constructed.
• Mr. M:Mann noted that both lots contain more than enough land than is
required by current zoning laws. The lots will be subdivided and Almeda
St. extended for the purpose of servicing both parcels.
Staff Advisor Dale Yale pointed out that the proposed road layout
appears to extend directly through the existing pond. It was
recommended that a botanistbe engaged to delineate the actual edge of
the wetland, then a proper assessment could be made as to the extent of
filling necessary•
Mr. McMann stated that an excessive amount of ledge exists on the site
and that the buildings would be installed in such a way so as not to
extend the road any further than is necessary. He felt that a variance
from frontage requirements from the Board of Appeals may be required.
Glenn Yale asked if a cul-de-sac is proposed and Mr. McMann replied that
the road would be widened sufficiently for access of fire trucks.
Dale Yale noted that because this lot is one of the last developable
lots on the street , the requirement of a cul-de-sac could be waived by
the Planning Board.
Glenn Yale asked if any blasting is proposed and Mr. McMann explained
that the front of both lots may require blasting to allow for the
• extension of the right of way for the purpose of providing utilities..
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Following some discussion, a motion was made by Glenn Yale and seconded
by Harry Takis for a positive determination. A Notice of Intent will
follow. It was so voted.
DETERMINATION OF APPLICABILITY - 3A WINTER ISLAND ROAD
Philip Moran read the notice of the determination.
This involves a Determination of the significance of a proposal by Mr.
Peter Haywood, 3-A Winter Island Road, to construct a concrete block
vertical wall adjacent to his boatyard to mitigate erosion problems on
his property.
Philip Moran asked what would be done with the excavated material and
Mr. Haywood stated that it would be placed behind the block wall . A
footing will be excavated at the toe of the slope which will be dug and
concreted at low tide.,(Quick setting cement will be used to set by high
tide.
Glenn Yale questioned the type of blocks proposed for construction. Mr.
Haywood stated that the blocks would be standard granite blocks to a
height of 10' . The wall will be approximately 4 blocks high.
• Philip Moran asked if any live shellfish existed in the area and Mr.
Haywood replied that some mussels are present but will not be disturbed
during excavation. Paul Geoghegan confirmed that any disturbed mussels
would re-generate quickly.
Dale Yale asked if any marsh grass was present and Peter Haywood stated
that while some does exist, it was not a substantial amount and the
project would not impact the marsh.
Following some discussion, a motion was made by Glenn Yale and seconded
by Ray Lavender for a positive determination. A Notice of Intent will.
follow. It was so voted.
DETERMINATION OF APPLICABILITY - 96 HIGHLAND AVENUE
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Philip Moran read the notice of the determination.
' Mr. Robert Connor and Mr. Bruce Stamsky of Charterhouse Development and
Mr. Dennis Lowry, Wetlands Ecologist for IEP were present to discuss
this proposal which involves the construction of a two-story medical
office building on the site of the former Sunoco station at 96 Highland
Avenue.
Mr. Ronald Gauthier, owner of the Sunoco station on the site has
. appeared before the Commission several times to obtain permission to cut
back brush in the drainage swale along the southerly border of the
property.
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The present Applicant has had a site assessment performed by IEP,
Environmental Scientists, of Northborough, MA. It appears from their
assessment that the swaie would not be defined as a bordering vegetated
wetland, but rather the Commission' s jurisdiction is limited to flooding
or hydraulic issues (Land Under a Waterway; Land Subject to Flooding) .
The calculations performed by their engineers indicate that the flood
storage capacity of the site will not be diminished following
development.
Mr. Lowry noted that during a site visit in early December, several
cattail stems existed. A 24" culvert, which provides a hydraulic
connection to the wetland area will be extended and 2 catch basins will
pick up run—off from the site. A storage area of 7,480 cu. ft . is
proposed. Some fill exists in an area which is subject to flooding.
The intent is to maintain ekisting flood storage capacity of the area.
Philip Moran asked if the culvert would tie in with the existing swale
and Mr. Connor explained that the parking lot would remain depressed to
channel run—off to the drainage system.
Glenn Yale asked what the total AC was from which run—off would drain
and'Mr. Samsky replied that it was approximately 12 AC. Mr. Yale also
• questioned what the optimum time would be to look for vegetation on the
site and Mr. Lowry stated that determinations are commonly performed
throughout the year but that growing season was the most practical time
for this .
Paul Geoghegan asked what would be done with the gas tanks that
presently exist on the site and Mr. Connor stated that after the gas is
pumped out, the tanks would be removed from the ground, steam cleaned
and tested and removed from the site. A general cleaning up of the site
will follow. Tank removal will be strictly controlled by the Fire
Department .
Harry Takis expressed concern regarding parking and Mr. Stamsky replied
that 57 spaces will be provided, which is slightly more than the
anticipated number of spaces needed.
Dale Yale asked if a basement is proposed and Mr. Connor replied that it
was not.
Mr. Connor noted that access will be provided from Colby St. and
Highland Avenue. There will be no new curb cuts.
Glenn Yale asked when construction is proposed to begin and Bob Connor
stated that he hopes to commence in June of 1986, but that a Special
Permit was needed from the Board of Appeal prior to construction.
. Following some discussion, a site visit was suggested by the Board prior
to making a determination on this proposal. It was agreed that further
review was needed with regard to the wetlands issue.
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APPROVAL OF MINUTES
Upon the motion of. Harry Takis and second of Ray Lavender, the minutes
of the previous meeting were approved. It was so voted.
OLD/NEW BUSINESS
Upon the motion of Paul Geoghegan and second of Raymond Lavender, the
appeal period for Mr. Mackey' s Order of, Conditions (#64-119) will be
tolled from this meeting. The Order, as issued, will stand with no
modifications. 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 :05 p.m.
Respectfully submitted,
Nancy Syatt
• MINUTES OF MEETING
February 27 , 1986
The Salem Conservation Commission met at One Salem Green on Thursday,
February 27, 1986 at 7 :30 p.m. , second floor conference room. Present
were Chairman Philip Moran, Vice—Chairman Glenn Yale, Martha Hogan,
Harry Takis, Paul Geoghegan, Ray Lavender and Staff Advisor Dale Yale. i
David Lash was absent .
Philip Moran called the meeting to order at 7 :35 p.m.
CONTINUATION OF DETERMINATION, 96 HIGHLAND AVE.
This involves a proposal to construct a two—story medical office
building on the site of the former Sunoco Station on Highland Ave. The
consultant to the project from IEP Environmental Consultants has
determined that the swale on the parcel is not a bordering vegetated
wetland, but rather land subject to flooding. Engineering calculations
submitted with the proposal indicate the post—development storage
capacity and run—off conditions will remain the same as presently
exists. Some concern was also expressed by Commission members as to the
method of removal of the gas tanks on the site. The issue was continued
in order to allow new members of the Commission an opportunity to study
• the submitted materials and view the site.
Paul Geoghegan recently visited the site and noted that inappropriate
fill was present , including tires, refrigerators, etc. He stated that
the only function of the swale is for storage but saw no problem if
storage capacity was unchanged.
The board expressed concern regarding the removal of the inappropriate
fill and of the gas tanks which would be disposed of per supervision of
the Fire Department and agreed that these issues would be addressed in
the Determination.
Upon the motion of Paul Geoghegan and second of Glenn Yale, a negative
determination will be issued. It was so voted.
EXTENSIONS OF ORDERS OF CONDITIONS
a. MOOSE LODGE
This involves the proposal by the Moose Lodge to connect to an existing
culvert which goes under Highland Avenue and fill above the culvert to
provide some buildable property behind the Lodge building.
A condition of the Order of Conditions required that the culvert under
Highland Avenue be cleaned prior to connection by the Moose Lodge. The
• culvert has been blocked for several years and needs to be addressed.
The State D.P.W. has also applied to the Commission to do the necessary
culvert work on this project; 'however, the blockage is now appearing to
be more serious than was first anticipated.
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Therefore, the State D.P.W. is in the process of bringing in new
equipment to resolve the issue. The Moose Lodge must wait until the
State work is completed before they can begin their project.
Upon the motion of Glenn Yale and second of Harry Takis, the six month
extension was granted. It was so voted.
b. PICKMAN PARK �
This proposal consists of 300 residential housing units located off
Loring Ave. at the ends of Pickman Road, Marion Road, Preston Road,-
Sumner Road and bordered by the Forest River Conservation Area and the B
& M Railroad. The proposal was first approved by the Commission in
September of 1978 and has been subsequently extended for yearly periods.
The developer has been working with the City Planning Department and
Planning Board to modify the project in order to minimize the impact of
the development on the existing land. Any modifications of the
development which fall within the pervue of the Commission will be
reviewed following submission of definitive plans. However, while the
planning process is continuing, it was suggested extending the Order for
. one year.
Upon the motion of Glenn Yale and second of Harry Takis, a six month
extension was granted. It was so voted.
JOINT MEETING WITH MARBLEHEAD
Rose Collins, Fred Sullivan, Jodie Howard and Dick Ferrar met jointly
with the Salem Conservation Commission to discuss mutual issues•.
Following a lengthy discussion, the two commissions agreed to jointly
explore the possibility of linking our two conservation areas by a trail
marker system.
Further, the Town of Marblehead will be asking for an appropriation to
test their wells in Thompson' s Meadow with the possibility of opening
them in the future. They will send us the results after testing.
APPROVAL OF MINUTES
Upon the motion of Ray Lavander and second of Harry Takis, the minutes
of the February 13 meeting were approved. It was so voted.
OLD/NEW BUSINESS
• Regarding Broadway/Mackey Order of Conditions, word has been received by
DEQE that the Notice of Intent has been received by them, which
necessitated keeping the public hearing open.
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Upon the motion of Glenn Yale and second of 'Harry Takis, the public
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hearing was closed. The draft Order of Conditions will be submitted to
the Commission for review and will be finalized at our next 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 9:30 p.m.
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Respectfully submitted,
Nancy Syatt
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• MINUTES OF MEETING
March 13, 1986
The Salem Conservation Commission met at One Salem Green on Thursday,
March 13, 1986 at 1:30 p.m. Present were Chairman Philip Moran,
Vice—Chairman Glenn Yale, Paul Geoghegan, Martha Hogan, Harry Takis,
Staff Advisor Dale Yale. Ray Lavender and David Lash were absent.
Philip Moran called the meeting to order at 7 :30 p.m. .
UPDATE ON BEVERLY—SALEM BRIDGE AND CONNECTOR ROAD — COMM. OF MASS.
D.P.W.
Ms. Ellen DiGeronimo, D.P.W.' Commissioner, Mr. Frank Burke and Mr. Bob
Willeth, all of the State D.P.W. were present to discuss plans for the
Bridge- St . By—Pass.
This proposal involves the reconstruction and minor widening of Bridge
Street, the reconstruction of part of Flint Street and the relocation
and reconstruction of the North River canal. The canal will be
relocated where the B & M tracks are located presently and will be 40'
in width. The railroad will be relocated, having some encroachment on
• the- River. A new bridge will be constructed over March Street. As a•
result, several homes will have to be taken, along with the rear section
of the Old Pilgrim Motel. The existing Salem/Beverly bridge will be
removed and Bridge St. will be dead—ended. Mr. Burke noted that a
portion of Allied Lumber and Strombergs will remain.
The By—Pass will continue paralleling the existing street. New tide
gates will be. installed. Mr. Burke noted that the D.P.W. is
coordinating with -the appropriate agencies regarding these issues.
Mr.• Earke stated that either a concrete retaining wall or concrete
sheeting will be proposed at the end of Bridge Street to accommodate the
new readway. . A portion of the channel will be filled. Provisions will
be made for tidal flows per order of CZM and other coastal environmental
agencies. Mr. Burke stated that the Coastal Zone people suggested using
excavated material to enhance other areas.
Glenn Yale asked if a traffic study was recently conducted in the area
and Mr. Burke replied .that a traffic count was done last year. Mr. Yale
also questioned whether any dredging was proposed. Ellen DiGeronimo
stated that some dredging may be proposed in relocating the canal from
wetland to dryland. Paul Geoghegan questioned whether the existing
bridge could be retained for fishing purposes and Mr. Burke answered
that this was possible.
• Philip Moran asked what the overall sq. ft. of wetlands to be filled or
disturbed was and Mr. Burke replied approximately 9 AC. Mr. Burke added
that •they fully expect the Conservation Commission to deny the project
and the D.P.W. will go through the appeal process.
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Glenn Yale asked what the design speed of the roadway curve would be and
Mr. Burke replied at least 40 m.p.h.
Dale Yale asked how many phases the development will be presented in and
Ms. ,DiGeronimo replied that there will be three in Salem and one in
Beverly. The re—location of the canal wi1J be the first phase.
Glenn Yale felt that the new ,road should be located directly adjacent to
the canal to provide a better buffer to existing residential areas along
Bridge Street or, the state could provide plantings and vegetation along
Bridge Street. He added that this project could 'be an asset to Salem
provided the North River is cleaned and well maintained.
It was noted that the design for the roadway has been. set and -approved
andlikelythere will be few substantive changes at this point•.
UPDATE ON RESIDENTIAL DEVELOPMENT — WHALERS LANE — FAFARD
Representatives of the Fafard Companies were present to discuss the
continuation of a proposal for the development of 520 residential units
to be located on a 69 acre parcel of land off of Highland'Ave. and
• Swampscott Road. Mr. Ron Killian and Mr. Dave Westerling of the Fafard
Companies were present to give an update on the proposal. The project
is governed by an Order of Conditions issued by DEQE in 1984, but input
from the local Commission is desired by both DEQE and the Planning
Board.
Ron Killian submitted a letter to the Board sent to him by Mr. William
Krol of DEQE regarding the creation of ponds which is desired by the
Planning Board and "under what circumstances and conditions the
Department would allow for the construction of ponds in- lieu of
compensatory vegetated wetlands." The letter goes on to state . . ." As
io' whether the Department would approve a request to construct ponds in
lieu of bordering vegetated wetlands, please be advised that the
'Department probably would not. Although both resource areas perform
similar functions, it is the Department's opinion-that the vegetated
community of a wetland serves specific functions that a pond does not.
A vegetated wetland community is particularly valuable in filtering
pollutants, removing sediments and providing nutrients to the
surrounding area. The Department would consider a request to reduce or
eliminate a bordering vegetated wetland as not serving the interests
identified in the Act, and therefore, would probably not be allowed.
However, if a proposal was made to convert upland area for pond sites,
the Department would probably look favorably on such a request."
Mr. Killian noted that the revised plan focuses on the reduction of
• density and increase in open space. There will be 47 AC of open space,
47z AC of wetlands and 9,000 ft. of sidewalk. Natural land and
landscaped areas will occupy 68% of the site.
• — Page 3 —
Walls and ceilings will be made of concrete which will drastically
reduce the length of construction. This will also be beneficial for
fire safety, energy efficiency, will decrease insurance costs and will
allow for additional space between units.
The type of units have been changed from 87plex to 4—plex, with a
phasing plan of 176 units in the first phase. Additional vegetated
buffering has been added to separate the phases. All units will be two
bedroom.
Mr. Killian noted that all utilities will be placed underground. Trash
removal will be the responsibility of the Condo Association and will be
contracted through a disposal. firm.
There will be cross trails with historic markers tying into the road
system creating access paths from the development into the conservation
land. An extensive, upgraded landscaping plan is proposed, including
white pine and oak trees.
Dave Westerling submitted a site drainage report and addressed some key
issues which were raised at the last Planning Board meeting. He noted
• that a proposed wetland shows compensating elevation of 111 , and it has
been recommended to leave that area at elevation 113 to closely
replicate pre—construction conditions.
Glenn Yale felt that the creation of a pond on the site would enhance
the sale value of the units and Dave Westerling explained that any ponds
would not be aesthetic ones but rather seasonal type of wetlands
vegetation. Ron Killian noted that he did not propose to blast ledge
for ;the creation of ponds. This .could create additional problems with
maintaining a water level.
Mr. Westerling stated that flood storage on site could be increased but
excessive water backed up into the wetland could cause extensive
flooding and there could be adverse impact on downstream wetland areas.
He would recommend maintaining the flood storage capacity as proposed to
minimize adverse impacts.
Upon the motion of Glenn Yale and second of Harry Takis, the
Conservation Commission will forward a letter to DEQE addressing the
proposed development with the reduction in units. A letter will also be
sent to the Planning Board stating the Commission' s concurrence with
DEQE's assessment of the inadvisability of creating ponds from
bordering vegetated wetlands. It was so voted.
• ORDER OF CONDITIONS — MACKEY, BROADWAY
Upon the motion of Harry Takis and second of Paul Geoghegan, the draft
Order of Conditions sent to each Commissioner previously for review
regarding Broadway was approved. It was so voted.
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APPROVAL OF MINUTES
Upon the motion of .Harry Takis and second of Paul Geoghegan, the minutes
of the previous meeting were approved. It was so voted.
OLD/NEW BUSINESS
a. Shetland
Letters from russell Iwanowicz of Cat Cove Marine Labs and James Cahill,
Harbormaster, regarding an appropriate time for dredging to take place
for construction of a proposed marina were read for the record. Cat
Cove has no problem with dredging taking place after flounder spawning
is over (Apri1 ,15) . Further, the Harbormaster has stated that' he has no
objection to the work taking place between approximately April 15 — May
1 . A letter will be sent to Shetland from the Commission agreeing to
this time frame.
b. Kieran — Extension
• Upon the motion of Glenn Yale and second of Harry Takis, an Order of
Conditions issued to a the Kierans (#64-90) for construction of a
swimming pool within 100' of a wetland was extended for one year. It
was so voted.
C. Conservation Area — birds
Dale Yale reported that a number of birds in the Conservation Area
appeared to have been poisoned. Eight mergansers, several mallards and
a' gneat blue heron have been lost. A specimen has been sent to the U.S.
Fish and .Wildlife Service for autopsy and it is hoped that results will .
be forwarded shortly.
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 10:30 p.m.
Respectfully submitted,
Nancy Syatt
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MINUTES OF MEETING
April 10,1986
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, April 10, 1986. Present were Chairman
Philip, Moran, Vice—chairman Glenn Yale, Harry Takis, Martha Hogan, David
Lash, and Fred Harney. Paul Geoghegan was absent. Also present was
Staff Advisor Dale Yale.
Chairman Philip. Morari called the meeting to order at 7 :35 p.m.
DETERMINATION OF APPLICABILITY--MCNEIL, COLLINS COVE
Thomas Southworth of McNeil Associates and Dr. Hugh Mulligan of Gulf of
Maine Research were present to discuss McNeil ' s proposal to extend a
rip—rap wall allowed under a previous Order of Conditions approximately
400' further than was originally proposed. Mr. Southworth noted that
there is an abundance of rock on the site which they would like to
utilize rather than trucking it away, and there is a potential for
erosion in this area in the future, so placing the rip—rap there now '
will preclude installation in the future. They propose to tie into the
dumped rock wall that was placed by the City several years ago.
Glenn Yale asked if this wall would be above 1984 mean high water and
Mr. Southworth replied in the affirmative. Glenn Yale asked if much
erosion had taken place in the area where they propose to place the rock
and Mr. Southworth replied it was not acute now, but during storms the '
potential for erosion exists.
Glenn Yale asked if the slope of the rip—rap will be 1'k: 1 and Mr.
So14t1'-,rth replied in the affirmative. He added, however, that this
slope varies slightly depending on the topography of the embankment.
In response to a further question from Mr. Yale, Mr. Southworth noted
able to continuing the would be amen g this rip—rap along the area where
Y
the City dumped rock wall presently exists.
Upon the motion of Glenn Yale and second of Harry Takis a negative.
Determination will be issued with the stipulation that the existing .
Order of Conditions apply to this wall extension. It was so voted.
DETERMINATION--TRI—CITY SALES
This proposal involves the desire by Tri—City Sales to expand their
existing building. The request for Determination proposes a 25' x 140'
• addition to the easterly side of the building. There is a small wetland
on the site, but no actual filling of that wetland is proposed.
Mr. Erlan Falck, architect for the project, requested leave to withdraw
the request for Determination as the owner' s plans have been changed as
to the actual size`of the addition required. The Commission granted him
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leave to withdraw and suggested that..the wetlands on the site be flagged
in order' to aid in properly evaluating any future proposals for the
site.
24 CLARK STREET--FILL
Staff Advisor Dale Yale gave the Commission a brief overview of the.
issue. It had been reported to the Planning Department that wetlands to
the rear of 24 Clark Street were in the process of being filled. Upon
inspection of the site it was determined that filling had taken place
and the owners of the property were notified. They were unaware that
filling behind their property was contrary to the, wetlands regulations.
They cooperated in ceasing the fill operations immediately and wish to
discuss with the Commission how best to proceed.
Mr. and .Mrs. Wilkins, owners of the property, wish to place additional
fill to the rear of their home and level the lot and construct a fence.
Of concern to the Commission is the quality of the fill and the
stability of the slope to the wetland area.
Glenn Yale asked where the fill was coming from. and Mr. Wilkins replied-
they received several, truckloads free from the City of Mal_den. He added
there is is no junk, garbage, or trash. The fill is mostly gravel and
sand, 'with some concrete and bituminous.
•
Following some discussion it was agreed that a site visit would be
necessary.
BRETT--POPE AND PROCTER STREETS--PUBLIC HEARING
Chairman Philip Moran read the notice of the public hearing. Mr.
Varshak Talasco of Hancock Survey presented the plan for- the
,Com[nission' s review.
.The site is a 46,000 square foot lot upon which the developer proposes
to construct ten dwelling units within five buildings. There is a
wetland area which is an outlet to the drainage system which serves
Witchcraft Heights. Over the years the swale hasvegetated, but there
is no indigenous wetlands vegetation existing on the site.
The developer proposes to pipe the existing stream and to work in the
buffer zone. Mr. Talasco noted the stream now is filled with debris and
is overgrown so some flooding now exists on the site.
Chairman Philip Moran read a letter from the Board of Appeal which noted
that variances for the project have not yet been received.
Glenn Yale asked why the stream should be culverted and Charles Brett,
• owner of the property, stated that he was willing to leave it open as an
amenity to the site. David Lash questioned why the stream was left open
to begin with and Mr. Talasco .replied he wasn't sure, but it was likely
more economic to stop the culvert pipe at the property line on Procter
Street and continue it again on the Pope Street side.
' 1
• —3—
Glenn Yale asked what the slope of the stream was and Mr. Talasco
replied it varied. It was .shallow to the south and steep to the north.
Some blasting will be necessary during construction.
Mr. Talasco reviewed the drainage calculations for the site and noted
the increase in run—off during' a 100-year storm event would be .9%
Mr. Rober Theriault of Greenway Road stated he was very familiar with
the site. The drain line is tied into the North River. Up to 1940, the
brook was 20' wide.
Mr. Maynard Allen of- 15 Pope Street is opposed to the plan. Sever water
problems exist and the force of the run—off is so great it sometimes
lifts the manhole cover in Pope Street off. At high tide, they have 3 '
to 4' of water in their cellar. Mr. Allen also wondered who would
maintain the catch basins, etc.
Khris Zbysynski of 5 Pope Street expressed concern with the impact of
wildlife in the area. She noted that the discussion this evening
characterized the area as full of debris; etc. when in reality it is a
nice undisturbed area.
Glenn Yale asked what could be plugging the drains and Mr. Talasco
' • replied there were bars across the end of. the pipe which catch debris.
Glenn Yale asked what material was on the base of the stream and Mr.
Talasco replied it was basically gravel and rock.
Following some further discuss it was agreed that the hearing would be
continued until our next meeting and a site visit would be held prior to
that time.
PUBLIC HEARING--GREENWAY ROAD/EMMERTON AVENUE
A-
Chairman Philip Moran read the notice of the public hearing.: ..
Attorney David Goodof and Mr. Erland Townsend. of T & M Engineering were
present to discuss a proposal to extend the existing Greenway
Road to
serve seven single—family house lots. One lot will be conveyed to the
City for open space and they propose to construct on the remaining six
lots.
The issue before the Commission specifically is with regard to drainage
for the new subdivision. They propose to install a drainage system
which will cross Willson Road and drain into an existing wetland area.
There is an 8 —. 10—foot bank above the wetland which has an outlet pipe
installed by the City at the opposite end.
• Erland Townsend noted they propose only to formalize drainage which.
already exists. Thet water already drains into this wetland, but they
propose to get it there faster. He noted the drainage in the area will
not be exacerbated, but it will not improve either.
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• -4-
Fred. Harney asked if they intend to blast to'install this drain line and
Mr. Townsend replied in the affirmative. Any Order of Conditions would
address the cut and street opening.
Glenn Yale asked who would maintain the manholes and Mr. Townsend
replied it would depend if the City accepted the proposed new street.
Glenn Yale asked what the invert of the existing headwall was and Mr.
Townsend replied it was 48 at the outlep end and the pipe was at an
invert of 44.6. The top of the dam is at 46.2.
Mr. Stan Poirier of 8 Cottage Street noted there was a dam or plug in
the pipe that was placed by the City to maintain the wetland for
wildlife, etc.+ ` Prior to the construction of the High School there were
minimal water problems in the area. Following construction several
problems arose. The City later made an attempt to address these and the
flooding has been minimized. They are fearful that any further
construction of this type will cause the previous problems to arise.
Mr. Poirier showed a series of pictures that had been taken over a
number of years which depicted the problems that have taken place.
Philip Brown of Greenway Road added his concerns regarding this proposal
� • "un-doing" what had previously been improved. There is a severe water
problem which exists.
Erland Townsend stated again that they were not adding any new drainage
to the area, just directing it there faster.
Glenn Yale asked if there was to be any change in the storage capacity
on site and Mr. Townsend replied in the negative. The site is basically
. ;ledge, so nothing will basically change with the addition of homes and
pa'ement.
In response to a further question from Mr. Yale, Mr. Townsend stated
there will be a 12% increase in run-off, post development.
Some concern was expressed for exacerbating water problems downstream
and it was generallly agreed that a site visit would be necessary. The
hearing was therefore continued until April 24, 1986.
MINUTES
Action on the minutes will be deferred until our next meeting.
OLD/NEW BUSINESS
• 1 . Staff Advisor Dale Yale reported that the autopsy report on the
birds that had died in the Conservation Area died of starvation.
2. A call was received from Mr. Nick Fiore on Highland Avenue who
expressed concern for Rich' s Department Store tying in to a drain on
Highland Avenue which drains onto his property. He would like to
culvert the stream to the rear of his property. Fred Harney noted the
State D. P. W. had served Rich' s with a Cease and Desist until a permit
could be issued for the drain connection. As a general opinion,
however, the Commission would be opposed to any'culverting of the stream
to the rear of Mr. Fiore' s property.
3. Staff Advisor Dale Yale reported that a superceding Determination of
Applicability for Ferris was issued requesting his to file a Notice of
Intent and basically upholding the Commission' s viewpoint as to the
potential for pollution from the seepage of fluids from stored
automobiles into the North River.
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at
Respectfully submitted,
Dale E. Yale
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MINUTES OF MEETING
April 24, 1986
_ The Salem Conservation Commission met at One Salem Green on Thursday,_
April 24, 1986, second floor conference room at 7:30 p.m. Present were
Chairman Philip Moran, Glenn Yale, Martha Hogan, Paul Geoghegan, David
Lash and Fred Harney. Harry Takis was absent.
Philip Moran called the meeting to order at 7:35 p.m.
CONTINUATION OF PUBLIC HEARING - CHARLES BRETT, POPE AND PROCTOR STREETS
Mr. Varshak Talasco of Hancock Survey was present for this continuation
of a public hearing on a proposal involving the construction of ten
townhouse condominiums, .within 5 buildings, on a 46,000 s.f. parcel of
land located .at Pope and Proctor Streets. Originally, the Applicant had
proposed to culvert the stream as part of the construction process.
Following a site visit, the developer agreed to consider leaving the
stream open with rip-rap. Plans were being prepared to address this
change. It should alsq be noted that this proposal will be reviewed by
the Planning Board under Site Plan Review Process.
Mr. Talasco presented the revised plans to the Commission for their
• review. He noted that the banks of the stream will be rip-rapped 15'
beyond each headwall and the bottom willbe rip-rapped to control
erosion. A small settling pond will be located at the downstream end.
Glenn Yale asked if re-direction of the stream throughout the property
is proposed and if storage capacity has ,been increased. Mr. Talasco
replied that there would be no re-direction of the stream and that
storage capacity has been increased somewhat. He noted that the outlet
.. .elevation of the pond would be 27 and the bottom of the basin, 24. Some
siltation will take place. Glenn Yale asked if the developer would be
responsible for maintenance of the settling pond and catch basins and
Mr. Brett replied in the affirmative.
Glenn Yale asked what type of sedimentation control program would be
followed and Mr. Talasco stated that all requirements would be complied
with, i.e. , the placing of hay bales along the section of the stream
being worked on. Drainage will be accomplished first, followed by
rip-rap and stabilization of the bank. He noted that this plan would be
submitted to the Conservation Commission prior to construction.
Mr. Yale asked if there would be any temporary culverting-of the stream _
and Mr. Talasco replied that there would not.
Upon the motion of David Lash and second of Martha Hogan, the public
hearing was declared closed. An Order of Conditions will follow.
— .Page 2 —
•
CONTINUATION OF PUBLIC HEARING — GREENWAY ROAD/EMMERTON AVENUE
This is a continuation of a public hearing regarding the subdivision of
a parcel of land at the end of Greenway Road into eight single—family
house lots, seven of _which will be developed, with the remaining lot
retained for open space. Attorney David Goodof and Mr. Erland Townsend
of T & M Engineering were present to discuss the plan.
The plan is before the Commission because the developer proposes to
provide proper drainage to the site by installing a new 18" drain pipe
across Willson Road which will discharge into an existing wetland area.
Mr. Townsend noted that there will be approximately 105 AC of drainage
with a 1 .4% increase in total volume of water. The ponding area will
consist of approximately 1 .3 acres and was designed on a 10-15 year
storm period. There are no catch basins existing presently, however a
gutter outlet exists.
Glenn Yale questioned the dumping of the pipe discharge into the flood
control area and expressed concern regarding the maintenance schedule of
the. pond. Mr. Townsend stated that the grade would be reltoved, followed
by a general cleaning of the inlet and outlet.
• Mr. Yale asked about the outlet structure of the pond and Mr. Townsend
replied that it would be a standard headwall.
Paul Geoghegan felt that periodic flooding could be caused by the outlet
drain being plugged. Mr. Townsend noted that maintenance could be a
condition. He further stated that the water will get into the wetland
faster but will leave faster.
Philip Moran asked if there was any way to retain water on site and
Erlar1 Townsend stated that there was no appropriate place of adequate
size on site to do this.
Mr. Stanley Poirier of 8 Cottage street and Mr. Robert Theriault of 41
Greenway Road, both abutters, spoke in opposition to the plan with major
concern focusing on the possibility .of excessive flooding in the area.
Upon the motion of Glenn Yale and second of Martha Hogan, the public
hearing will be continued in order that certain issues may be further
addressed with the City Engineer. It was so noted.
CLARK STREET
Previously, the Conservation Commission issued an Order of Conditions
for the construction of two (2) single—family dwellings adjacent, to a
• wetland on Clark Street. The wetlands to the rear of the property were
deeded to the Commission. A fill operation was undertaken by the
occupants of 24 Clark Street which was voluntarily suspended pending
discussions with the Commission.
Page 3 —
Following a site visit, the Wilkins have agreed to the following:
1.) Remove inappropriate fill from the site (bituminous) '
2) Establish a 1' :'l slope .
3) Loam and seed slope for stability
Ward III City Councillor Vincent Furfaro was present to speak in favor
of the plan.
Glenn Yale asked what would be put over the bank for stabilization and .
Mr. Wilkins replied that.dirt would be placed on' the bank, followed by .
loaming and seeding of the area. Mr. Yale further asked what slope
would be established suggesting that 45 ' would probably be appropriate.
Mr. Wilkins stated that he would comply with whatever slope is desired
by the Commission. He noted that the area would eventually be fenced
in.
Paul. Geoghegan stated that vegetation of the slope would cause the bank
to become more stable and felt that it would be better left as is, with
no more fill going in. ' It was generally agreed that there should be no
more fill placed on the site unless compensatory wetland areas are
established.
• Staff Advisor Dale Yale suggested that the Applicant slope off the bank
and remove any inappropriate fill. Chairman Moran felt that this
situation was acceptable to the Commission.
Ms. Yale will forward a letter to the Applicant stating what action is
desired by the Commission.
.. .APPROVAL OF MINUTES
Upon the motion of Paul Geoghegan and second of Martha Hogan, the
minutes of the March 13 meeting were approved as corrected. It was so
voted.
Upon the motion of Fred Harney and second of Glenn Yale, the minutes of
the April 10 meeting were approved. . It was so voted.
OLD/NEW BUSINESS
Mr. Nick Fiore and Mr. Roger Beyea were present to express concern over
the exacerbation of drainage problems on their proeprties_ (opposite
Rich's on Highland Ave. ) by the construction at Rich' s and the
possibility of further development on the parcel adjacent to Rich' s.
Fred Harney reported that the State DPW will be adressing these issues
at a meeting to be held on Friday, April 25 at 2:00 p.n. Dale Yale will
• attend on behalf of the Commission and will report to the Board at our
next meeting.
Page 4 —
There being no further business, "a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 9:50 p.m.
Respectfully submitted,
Nancy Syatt
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• MINUTES OF MEETING
May 8, 1986
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, May 8, 1986. Present were Martha Hogan,
Fred Harney, Paul Geoghegan and Harry Takis. Philip Moran, Glenn Yale,
and David Lash were absent.
Acting Chairman Paul Geoghegan called the meeting to order at 7 :35 p.m.
PUBLIC HEARING--ALLIED LUMBER
Paul Geoghegan read the notice of the public hearing.
Architects Charles DeMarco and Dan Nelson and Attorney DiMento were
present to discuss this proposal to relocate two buildings on their
property at 400 Bridge Street to accomodate the proposed relocation of
the North River canal and widening of Rte. 107.
Mr. DeMarco gave the Board a brief description of the proposal and
showed the proposed plan with an overlay of the existing configuration.
The State is taking a portion of Allied's property, therefore
necessitating the relocation of buildings closer to the railroad tracks.
The Commission will have an opportunity to review the actual canal
• relocation later this year. Mr. DeMarco noted the road design is
presently in the working drawing stage.
The state proposes to construct a new headwall for the new canal and
install a chain link fence on the road side.
Two buildings are proposed for the Allied property. One will be a 500 x
60 storage type of building and the second building will be a "home
center" retail type of store . The sewer will be connected to existing
sewer on Flint Street and stormwater will drain via weepholes into the
canal off the parking until the state finalizes their drainage system,
at which time they will tie in.
Harry Takis asked if the parking lot proposed is even with the top of
the canal and Mr. DeMarco replied the wall will be 6-12" higher than the
actual parking lot, depending on what the state wants to do. He noted
that mean low tide is 8.8 ' and the 100 year flood elevation is 14.7 .
The floor of the retail store is at 15.25.
Fred Harney asked if they had any timetable in mind and Mr. DeMarco
replied the state is stilt in the working drawing stage, but they are
proceeding with their proposal which reflects the "worst case."
Paul. Geoghegan suggested that the effect of salt water on the trees they
propose should be looked at.
• —2—
Mr.
Mr. Geo he an asked what the elevation at the to of the head wall will
g g P
be and Mr. DeMarco replied that it will be 6 — 8 " above the existing
elevation.
There being no further discussion, the public hearing was declared
closed. An Order of Conditions will be issued at our next meeting.
VILLAGE AT VINNIN SQUARE--POND IMPROVEMENTS
Mr. James Zieff and landscape architect Kathy Bell were present to
preliminarily discuss some ideas regarding improvements to the pond
which exists on their property.
The pond is approximately 3/10 of an acre and was created by excavation
(gravel pit) several years ago. They depth is approximately 12 ' at its
deepest point and, according to water samples, the water quality is
"pretty good." They have solicited proposals from two firms and will
make a decision on which one they will choose shortly.
They propose to make the pond a focal point of future .development. They
are considering aeration of the pond and a water fall.
Kathy Bell showed slides of the pond as it presently exists. There is
some debris in the pond and overgrown "bramble" around the pond. Algae
• at the water' s edge presently encourages mosquito growth. There is an
embankment of rip rap which they wish to enhance with pockets of
plantings. They would also like to consider dredging a portion of the
pond area and enhance the water lillies that are present.
In summation, they propose 1) To create pockets for plantings along the.
embankment; 2) remove invasive materials and perhaps construct a walkway
with a culvert for free flow between the wetland area and the pond; 3)
dredge the edge of the pond and remove the sediment; and 4) aerate and
filter the pond to maintain quality.
Dale Yale asked if there was any indigenous wetlands vegetation and
Kathy Bell replied in the negative. -
Paul Geoghegan noted for the record that he will absent himself from any
voting on the proposed improvements if his company is chosen to do the
improvements.
Mr. Geoghegan asked what the source of thewater was and Kathy Bell
stated she felt it was as a result of run—off. There is a drainage
outlet and the level of the pond remains relatively constant. Paul
Geoghegan asked what parameters were being tested for water quality and
Kathy Bell replied they have asked for suspended solids, dissipated
oxygen, nitrates and phosphates. Paul noted the key is the control of
nutrients to the pond. Fertilizer for lawns, etc. can have a disastrous
effect on the water quality. Ms. Bell felt some plantings would help
absorb this fertilizer.
• -3
It was generally agreed by the Commission that any work except the
landscaping of the embankment must be done under a Notice of Intent
process.
GREENWAY ROAD--CONTINUATION OF PUBLIC HEARING
Attorney David Goodof gave a brief summary of the proposal which
involves the subdivision of a parcel of land at the end of Greenway Road
into eight single-family house lots, seven of which will be built upon.
The proposed drainage system for the development would funnel drainage
into an existing wetland across Willson Road.
Erland Townsend, engineer for the project, gave a description of the
proposed drainage system and noted that the City Engineering department
had reviewed the proposal and agreed there would be no exacerbation of
drainage problems in the area and the proposed system could improve the
existing problem somewhat.
Paul Geoghegan asked what storms were used in doing the calcuations and
Mr. Townsend replied the calculations were done using worst case
conditions.
Mr. William Mahoney of Castle Road raised the issue of an illegal house
being built on top of a spring, which has made the drainage problems
• worse. He felt this proposal would exacerbate drainage problems and all
the natural drainage in the area would be lost.
Mr. Townsend stated that all these problems were considered in preparing
their calculations. They propose to install new manholes and catch
basins designed to catch a maximum amount of water.
Henry Lavoie of 'Cottage Street asked if there were plans to clean the
existing grate which is clogging the inlet to the wetland and Dale Yale
replied the City plans to clean this grate. It is hoped that regular
maintenance of this grate can be achieved.
There being no further discussion, the public hearing was declared
closed. An Order of Conditions will be issued at our next meeting.
BRETT--ORDER OF CONDITIONS
Upon the motion of Harry Takis and second of Fred Harney, an Order of
Conditions for Charles Brett , Pope and Procter Streets will be issued
with the following conditions:
1 . Work shall conform to plan entitled Olde Towne Village, Salem, MA,
as revised per site visit of April 12, 1986 and hearing of April 24,
1986.
2. Prior to construction, an erosion and sedimentation control barrier
• shall be installed along the bank of the stream.
- Page 4 -
These control 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 shall be approved by
the Conservation Commission or its designated agent.
3. Sequence of construction shall be as follows:
1 . Erosion and sedimentation control
2. Roadway and building construction
3. Rip-rap and headwall construction
4. Prior to connection to existing drainage structures, all catch
basins shall be cleaned.
5. During working hours of construction project, existing catch basins
shall be covered.
6. Maintenance of catch basins, culverts, and headwall shall be the
responsibility of the developer, his successors or assigns.
7 . As-built plans, stamped by a Registered Professional Engineer shall
be submitted to the Conservation Commission prior to issuance of
Certificate of Occupancy.
It was so voted.
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 9:45 p.m.
Respectfully submitted,
Dale E. Yale
• MINUTES OF MEETING
May 22, 1986
The Salem Conservation Commission met at One Salem Green on Thursday,
May 22, 1986, second floor conference room at 7:30 p.m. Present were
Martha Hogan, Paul Geoghegan, Fred Harney, David Lash and Staff Advisor
Dale Yale. Chairman Philip Moran, Vice Chairman Glenn Yale and Harry
Takis were absent.
Acting Chairman Paul Geoghegan called the meeting to order at 7:35 p.m.
DETERMINATION OF APPLICABILITY — RUSSELL, BAKERS ISLAND
Attorney William Donaldson was present representing Keith and Lesley
Russell for this proposal involving the proposed construction of a
dwelling on an existing foundation on Bakers Island. The foundation is
within 100' of the top of the bank, but there is no excavating proposed.
The Applicant proposes to tear down an existing but—type structure
presently on the site and replace it with a pre—cut home. Mr. Donaldson
felt that this proposal would not violate the Wetlands Protection Act
and would have no effect on the wetlands area.
Paul Geoghegan asked if this house would be used as a summer residence
and Mr. Donaldson replied in the affirmative. Paul Geoghegan also
questioned how the sewerage was presently being handled. Mr. Donaldson
explained that currently, a chemical system is being used but that an
electrified type waste disposal, system was being issued by the Building
Inspector- and Health Department.
Upon the motion of Daivd Lash and second of Fred Harney, a .negative
determination was issued. It was so voted.
PUBLIC HEARING — SUNBURST FRUIT JUICES
Acting Chairman Paul Geoghegan read the notice of the public hearing.
Attorney John Serafini, Jr. was present representing Sunburst Fruit
Juice for this proposal involving the construction of approximately
21,000 square feet of office production and warehouse space as an
addition to the existing Sunburst Fruit Juice building at 220 Highland,
in addition to a 36 car parking lot to serve the building.
The site consists of approximately 3.6 acres on Highland Avenue and
abuts wetlands to the north. No wetlands are to be filled as a result
of the project, however construction will take place within 100 feet of
these wetlands.
• Mr. Serafini noted that all work will be done entirely within the buffer
zone with little alteration. The parking lot will be graded and the
bank will be stabilized and rip—rapped to 1 :1 throughout the entire
slope.
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Paul Geoghegan asked what type of drainage system was proposed and Mr.
Serafini replied that a catch basin system or sheet run-off (which may
be less problematic) will be used.
Mr. Geoghegan also expressed concern regarding oil run-off from cars and
Mr. Serafini stated that gas traps may be installed to control this
problem but that maintenance could be a problem.
Dale Yale raised the issue of de-icing and Mr. Serafini stated that the
gravel lot which currently exists will be paved. Only materials
acceptable to the Board for ice and snow management will be used.
David Lash asked how the number of parking spaces proposed was arrived
at and John Serafini replied that this is determined by the Board of
Appeal and the Building Inspector. The number of spaces is in
accordance with the Zoning Ordinance.
Upon the motion of David Lash and second of Martha Hogan, the public
hearing was declared closed. A site visit will beheld prior to issuance
of an Order of Conditions. It was so voted.
DETERMINATION OF APPLICABILITY - VILLAGE AT VINNIN SQUARE, POND
IMPROVEMENTS
The Planning Board recently approved a condominium development project
in Vinnin Square, off Loring Hills Avenue. Located on the site is a
"kettle-hole" pond which the developer proposes to upgrade and enhance
as an amenity to his development.
Ms. Cathy Bell, landscape designer, gave the Board an overview of this
proposal to construct a recreational path for the residents. She noted
that pockets will be installed in the existing rip-rap and plantings
will be placed to aesthetically improve the stone rip-rap. Dead trees
and overgrown material will be removed and various trees will be
planted to make for a more attractive pond area.
David Lash asked if any grade changes were proposed and Ms. Bell replied
in the negative.
Ms. Bell noted that a culvert will be installed to improve the
circulation of the pond.
Upon the motion of David Lash and second of Martha Hogan, a negative
determination was issued for the landscape portion of the improvement
only. A Notice of Intent will be required for any actual alteration or
improvements to the pond. It was so voted.
•
MINUTES OF MEETING
June 26 , 1986
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on Thursday, June 26, 1986. Present were Philip Moran,
Martha Hogan, Paul Geoghegan, Fred Harney, and David Lash. Harry Takis
was absent. +'
Chairman Philip Moran called the meeting to order at 7 :40 p.m.
PUBLIC HEARING--LEGGS HILL POND
Chairman Philip Moran read the notice of the public hearing.
This proposal involves the installation of a control structure at the
outlet end of Leggs Hill Pond to maintain the existing elevation of
Leggs Hill Pond. The installation of this structure is in response to a
request from the Commission based upon the fact that previously the
outlet pipe placed during the Vinnin Square drainage project had been
damaged in order to raise the level of the pond for fishing and ice
skating, etc. The level of the pond had been raised and the perimeter
• became vegetated. A verbal ruling from DEQE was received stating that
the pond must be maintained at this new elevation. This ruling was
reconfirmed earlier this week.
The Conservation Commission, therefore, made a judgement that t'he
elevation of the pond should be maintained at approximately elevation
27 . This was determined by several survey plans which were submitted
with Notices of Intent for homes on the opposite side of the pond
(Linden Avenue) . The Commission then requested that a control structure
be designed and installed by the .City.
Assistant Engineer Tom Rouleau presented the proposed plan to the
Commission. It involves the installation of a catch basin type of
structure. The inlet is designed to handle the existing flow with the
pipe 50% clogged. A sump will be included in the design to reduce
siltation. The existing dike which was placed as an emergency measure
to maintain the pond will be removed and the bank will be established at
a 2 : 1 slope maximum and loamed and seeded to prevent erosion.
Mr• Rouleau noted that wetlands maps which were done from aerials taken
in 1964 showed the pond at nearly the same elevation as presently
exists. The elevation of the proposed structure is taken from an
October 1985 survey done by T & M Engineering of 27.69, which is
approximately 1 ' less than today.
Philip Moran asked if the new structure will drain down the pond and Mr.
Rouleau replied the level of the pord will to 27.3 with average flows.
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• —2-
Mr. Moran asked if the 1964 maps showed the pond area to be
approximately the same as presently and Mr. Rouleau replied in the
affirmative. The aerials were taken in 1964 and the wetlands mapping
was done in 1977. The area shown on the maps is similar to the existing
conditions.
Philip Moran asked what exists presently to maintain the pond level and
Mr. Rouleau replied that an earth dyke was placed there to maintain the
pond elevation until a permanent structure could be installed.
Mr. Dave Monga of Murphy, Ryan, and O'Keefe, an attorney representing
Dan Mackey, was present to aske some questions on behalf of his client.
He questioned when the dyke was placed at the outlet end of the pond and
Mr. Rouleau replied it was placed there approximately one year ago.
Mr. Monga asked if there was an Order of Conditions or a Determination
made at that time as to the necessity for the dyke and Mr. Moran replied
in the negative.
Staff Advisor Dale Yale noted the placement of the dyke was done as a
temporary, emergency measure until a control structure could be designed
and built. She reviewed the history of the site for Mr. Monga and noted
• the DEQE input which determined that the level of the pond should be
maintained at approximately elevation 27 .
Mr. Monga felt that the removal of the earth dyke should require some
approvals from the Army Corps. He further questioned the maintenance
aspect of this project and felt there should be a full Notice of Intent
filed with rebuttable presumptions of significance. He conceded the
jurisdiction of the Conservation Commission and the actions of the
Commission as an emergency in placing the dyke at the outlet, but now
questions whether an Army Corps permit would be needed to remove it.
Mr. Moran stated that any question Mr. Monga may have as to the
appropriateness of the filing should be handled as an appeal.
Mr. Moran asked when the installation of the structure would take place
and Mr. Rouleau felt they would like to do this in August or early
September during the driest part of the year.
Mr. Monga stated he felt the information regarding the pond elevation is
.inaccurage and Mr. Moran reiterated his statement regarding this being
handled through an appeal. Historically, the 27 .3 elevation has been
established based upon several surveys and an opinion from DEQE.
Mr. Rynkowski of Mystic Road in Marblehead stated he felt the pond had
always been at this approximate elevation. A lowering of the level as
• is suggested by Mr. Mackey would create a bog.
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There being no further discussion, upon the motion of David Lash and
second of Paul Geoghegan, the hearing was closed. It was so. voted.
PUBLIC HEARING--ZIEFF, POND IMPROVEMENTS
Ms. Kathy O'Connor, a landscape designer, and Mr. Paul Mulloney of SP
Engineering were present to discuss proposed improvements to a small
pond on the property of the Village at Vinnin Square, off Loring Avenue.
They propose minimum disturbance to the pond and would like to visually
improve the pond itself by removing "waste" vegetation and provide
access around the pond by installing a jogging/walking trail.
The existing vegetation has been typed and they propose landscape
plantings on the rip—rap for which they have received a negative
Determination from the Commission.
They propose to selectively remove the waste vegetation, enhance the
plantings, and fill two small low stagnant pools with appropriate
crushed stone. Mr. Mulloney stated that they area they propose to fill
would be under 500 square feet total in area.
• Philip Moran asked if the removal of "waste" vegetation would result in
a negative impact on the pond and Mr. Mulloney replied that an inventory
of species indicated several varieties of poor quality wetlands plants
such as bamboo, phragmites, alders, etc. They do not improve the
quality of the water or underlying soil. They also do not provide
necessary intake of nutrients to improve the quality of the pond. They
propose to install red cedar and several other wetland plantings to
improve the pond, particularly in the lower corner.
Paul Geoghegan asked where the outlet pipe was connected and Kathy
O'Connor replied the outlet is connected to a catch basin on the
property. There is also a headwall with an inflow pipe which collects
run—off from Loring Towers.
Mr. Mulloney noted that , based upon sampling, the pond is moderately
eutrophic. They do not anticipate high levels of nitrogen input into
the pond.
Paul Geoghegan expressed some concern regarding the phosphates. He
asked whether the bottom of the pond was muck and Mr. Mulloney replied
in the affirmative. Mr. Geoghegan questioned who would maintain the
pond and surrounding jogging trail. Kathy O'Connor noted that the
plantings they propose would help maintain the pond quality.
Paul Geoghegen expressed some concern over the ability of new plantings
. to properly absorb nutrients. He urged the applicants to institute a
proper habitat management plan which would minimize fertilizer and
control introduction of oil by placement. of oil separators in catch
basins, etc.
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WINTER ISLAND IMPROVEMENTS
Andrea Fish of the Planning Department was present to discuss several
improvements which are proposed for Winter Island. She noted that
preliminary approval for funding has been received. Also, a Notice of
Intent must be filed with the Conservation Commission.
—' Regardirig the proposed improvements, she noted that the path on the fort
will be eliminated and a new cap will be put over the roadway, which
will be widened from 16-20 feet . A 26 car parking lot will be
constructed where the current parking area exists.
The foundation of the powder house will be stabilized and a roof will be
constructed. A bath house and picnic area will also be constructed. A
snow fence for wheelchair access will be provided to Waikiki Beach.
Debris will be removed from the moat, without disturbing the wetlands
vegetation.
All utilities will be placed underground.
The barracks, building, hangar area, and bunkers will remain untouched
pending review by Mass. Historic of possible historic significance. The
. ,� City will file a Notice of Intent and detailed plans at our next
meeting.
ORDERS OF CONDITIONS:
a. Allied Lumber
Upon the motion of David Lash and second of Fred Harney, an Order of
Conditions will be issued for this project. It was so voted.
b. Greenway Road
Upon the motion of Fred Harney and second of Martha Hogan, an Order of
Conditions will be issued for this project. It was so voted.
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 9:45 p.m.
Respectfully submitted,
Nancy Syatt
•
• I
Mr. Moran asked what material would compose the jogging trail and Mr.
Mulloney replied they propose to use 12" diameter stone.
Dale Yale asked if they propose to use a backhoe to remove the waste
vegetation and Kathy O'Connor replied in the affirmative.
There being no further discussion, upon the motion of David Lash and
second of Martha Hogan, the public hearing was declared closed. It was
so voted. P'
PUBLIC HEARING--FRANK HARRIS, BOAT RAMP
This proposal involves the construction of a boat ramp to the rear of
Mr. Frank Harris' property on Locust Street, for access to the Danvers
River. Mr. Harris presented a sketch of the area and noted the ramp
will only be useful at high tide. He noted the proposed ramp will have
no encroachment on the public easement adjacent to his property and the
float will be served by a stairway and the float will be hinged to
accomodate the tide. The ramp will be constructed of pressure treated
limber and three pipes will be installed on each side which will be
imbedded in the mud to stabilize the ramp.
David Lash asked if there would be any filling or stone work and Mr.
• Harris replied in the negative. The pipe proposed will be galvanized
pipe and the bed of the mudflat contains rocks to serve as a shelf for
the ramp to provide stability.
Mr. George O'Brine representing a property owner at 5 Locust Street has
some problems with the proposal. He stated the right-of-way at the end
of Locust Street has been partially blocked due to construction of Mr.
Harris ' home. He asked that a condition of any approval be contigent
upon Mr. Harris cleaning up the right-of-way..
Mr. Harris stated that nothing had been done to block the right-of-way.
He further indicated a willingness to work with the neighbors to help
clean up the area. It was the consensus of the Commission that the
issue of the right-of-way should not be tied to the boat ramp.
There being no further discussion, upon the motion of David Lash and
second of Fred Harney, the public hearing was declared closed. It was
so voted.
CERTIFICATE OF COMPLIANCE--MAYNARD PLASTICS
Ronald Killian of The Fafard Companies was present to request a
Certificate of Compliance for Maynard Plastics. As-built plans have
been submitted and reviewed by the City Engineer, a letter from Fafard' s
engineer, David Westerling, certifying that all work was done according
• to the Order of Conditions, was submitted and read for the record, and a
letter from Maynard Plastics stating that they will be responsible for
the maintenance of all outlet structures, catch basins, and will not use
salt on their paved areas was submitted and read for the record.
• -5-
Upon the motion of David Lash and second of Fred Harney, the Certificate
of Compliance was approved. It was so voted.
AMES STREET j
A letter from a Mrs. Bilode.au of Ames Street was read for the record
which stated that her neighbor was operating a lobster business in a
residential district and, to accomodate this business, a float 4nd
storage area was constructed filling in a large area of mudflat.
Following some discussion, it was agreed to visit the site on Tuesday,
July 1 1986 at 7: 0 .m.
u y , 3 p
SALEM SUEDE
Upon the motion of Paul Geoghegan and second of Fred Harney, an Order of
Conditions for Salem Suede will be issued with the following conditions:
1. Work shall conform to the submittedlans and specifications.
r ,
2. A minimum safety factor of 1.5 shall be employed in the anchoring
and construction of the storage tanks.
• It was so voted.
I
It was noted for the record by Paul Geoghegan that there will be in
increase in chromium discharge to SESD. Thomas Rouleau of the-
Engineering Department stated that SESD has reviewed the proposal and
has approved the submission.
Philip Moran expressed some concern over the depth of the tanks on the
property and wondered if there should be some protective fencing. A
letter will be sent to the Planning Board addressing this issue.
MINUTES
Upon the motion of Paul Geoghegan and second of Fred Harney, the minutes
of June 12 were approved. It was so voted.
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 9:50 p.m.
Respectfully submitted„
Dale E. Yale
MINUTES OF MEETING
July 24, 1986
The Salem Conservation Commission met at One Salem Green, second floor
conference room, on. Thursday, . July. 24, 1986. Present were Paul
Geoghegan, Fred Harney, David Lash, and John Doyle. Philip Moran, Harry
Takis, and Martha. Hogan were absent.
Acting Chairman Paul Geoghegan called the meeting to order at 7:40 p.m.
and oPened the meeting by welcoming new member John Doyle to the Board.
I
DETERMINATION OF APPLICABILITY--SALEM OIL AND GREASE
i
Paul Geoghegan read the notice of the Determination.
Mr. Vance Smith of Salem Oil and Grease was present to discuss his
company' s proposal to construct a 15' x 65' addition to their facility
to house EPA mandated pre—treatment facilities. This proposed facility
will require excavation for a footing, but the first floor elevation
will be above the 100—year flood elevation and over 100 feet from the
• North River canal.
Paul Geoghegan asked Mr. Smith for a brief description of the treatment
process. Mr. Smith noted the process will allows fats to rise to the
top of the wastewater tanks and they are skimmed off. The pH is then
neutralized and the wastewater is discharged via South Essex Sewerage
District treatment plant.
Paul Geoghegan asked where the acid used in the treatment process is
stored and Mr. Smith replied they use an acid brine solution which is
delivered .to the site in small tanks. The solution is transferred by
pipeline when needed in the actual treatment process.
Upon the motion of David Lash and second of Fred Harney, a negative
Determination will be issued. It was so voted.
PUBLIC HEARING--HARVEST OF THATCH, FOREST RIVER CONSERVATION AREA
Paul Geoghegan read the notice of the public hearing.
This proposal involves' the harvesting of phragmites in the Forest River
Conservation Area. A group of individuals are involved in the
restoration of Pioneer Village and have researched materials which
closely replicate the thatch used as roofing material. Thatchers from
• Piimouth Plantation will be doing the actual harvesting work and they
plan to do the cutting by hand. One acre of phragmites will be required
for one roof.
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David Goss of the Essex Institute was present to discuss the proposal
and answer any questions the Commission might have. He noted they plan
to begin in late August and will employ ten to fifteen people to do the
job. : The :whole`Harvest operation..will take one to two days and they ,
will need to re-harvest every three years.
Upon the motion of David Lash and second. of Fred Harney, the public
hearing.was declared closed.
Upon the motion of David Lash and second of Fred Harney, an Order of
Conditions will be issued for the project with the following additional
conditions:
1. All harvesting of phragmites in the Forest River Conservation. Area
shall be- done by har'7 ,only.
2. During. harvest, sensitivity to inland banks shall be maintained.,
3. Notification shall be given to the Conservation Commission or its
designated agent one ( 1) week prior to harvest.
•
4.. Notification shall be given to the Conservation Commission or its
designated agent one ( 1) month prior to any subsequent harvest.
It was so voted.
ALMEDA STREET
Attorney Michael McMahon was present to discuss the issue of the
proposed subdivision of a lot of land on Almeda Street into two
single-family house lots. In order to provide access to these lots,
extension of the existing Almeda Street will be necessary and this
roadway construction will encroach on a pond in the area. The Planning
Board has requested that a roadway be constructed, even though the Board
of Appeal granted a variance from frontage requirements. He is
requesting an opinion from the Commission as to possible negative
environmental impacts of roadway construction on the project. .
Further input will be solicited from the Planning Department regarding
this issue.
ORDER OF CONDITIONS--ZIEFF, POND IMPROVEMENTS
Upon the motion of David Lash and second of Fred Harney, an Order of
Conditions for improvements to a pond located off Loring Hills Avenue,
Village at Vinnin Square was issued, subject to the following
• conditions:
1. Work .shall-conform to submitted plans and report .
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2. No more than 500 square feet of wetland shall be filled, including
the area proosed to be filled for the construction of the jogging path. .
3. The use of fertilizers within 100' of the- pond shall be prohibited „
except for a .one—time normal use in the initial installation of shrubs,
trees, and other landscape vegetation.
4. Disturbance of existing wetlands plants shall be restricted to the
activities outlined in submitted plan and report.
5. An erosion and sedimentation control barrier in accordance with
"Erosion and Secimentation Control Guidelines," Publication #13,
529-39-1000-2-84—C.R. , dated August , 1983, shall be implemented prior to
commencement of work. Such barrier shall be approved by the
Conservation Commission or its designated agent.
6. Any changes made or intended to be made in the plans shall require
the applicant to inquire of the Conservation Commission in writing
whether the changes require Commission comments or approval.
It was so voted.
• HARRIS BOAT RAMP, ORDER OF CONDITIONS
Upon the motion of Fred Harney and second of David Lash, the plans for
Mr. Frank Harris to construct a boat ramp to the rear of his property on
Locust Street were approved. An Order of Conditions referencing the
submitted plans shall be issued. It was so voted.
LEGGS HILL POND CONTROL STRUCTURE--ORDER OF CONDITIONS
Upon the motion of David Lash and second of John Doyle, an Order of
Conditions will be issued for the installation of a control structure at
Leggs Hill Pond, subject to the following conditions:
1. The installation and construction of the proposed outlet structure
of Leggs Hill Pond has been determined to be significant to public water
supply, ground water supply, and to the prevention of pollution, since
Leggs Hill Pond has in the past been used as a water supply source (the
supply came from a well and the area is still maintained as an emergency
water source) .
2. Work shall conform to plan entitled, "Leggs Hill Pond Outlet Control
Structure," dated May 9, 1986, prepared by Thomas Rouleau, P. E. ,
Engineering Assistant, and detail plan entitled, "Precast Cement
• Concrete Catch Basin."
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3. Prior to commencement of construction, an erosion and sedimentation
control barrier in accordance with "Erosion and Sedimentation Control
W.
Guidelines," Publication #13, 529-39-1000-2-84-C.R. , dated August, 1983,
shall be installed upstream of the proposed control structure and
downstream of the proposed structure.
a. Staked haybales shall be placed in a configuration which will
adequately contain any sedimentation resulting from the dike removal.
b. Such hay bales may be removed after the water has sufficiently
cleared to indicate no further sedimentation will take place. _
4. The Town of Marblehead Water Department shall be notified
seventy-two (72) hours prior to commencement of construction.
5. Prior to backfilling around the control structure, the Commission or
its designated shall be notified to confirm the rim elevation is set at
27 .3.
6. The City of Salem shall be responsible for ensuring that the
• structure is cleaned and maintained at least twice yearly. The Town of
Marblehead shall be notified at least seventy-two (72) hours in advance
of such maintenance operations.
7. Following installation, the proposed slope shall be vegetated to
ensure stability.
It was so voted.
OLD/NEW BUSINESS
The next regular meeting of the Conservation Commission shall be on
September 11, 1986.
There being no further business, a motion was made to adjourn: The
motion carried and the meeting was declared adjourned at 9:40 p.m.
Respect lysu�tted,
cat
Dale E. Yale
•
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MINUTES OF MEETING
September 11 , 1986
• The Salem Conservation Commission met on Thursday, September 11 , 1986 at
One Salem Green, second floor conference room at 7:30 p.m. Present were
Chairman, Philip Moran, Fred Harney, Harry Takis, Martha Hogan, John
Doyle, Paul Geoghegan and Staff Advisor Dale Yale. David Las was
absent.
Philip Moran called the meeting to order at 7:30 p.m.
DETERMINATION OF APPLICABILITY - ALMEDA STREET
Mr. Moran read the notice of the Determination.
Mr. David Tremblaywas resent to resent his revised plan to the
P P
Commission. The applicant had been before the Commission twice before
and had been granted a negative determination. The applicant before the
Commission again because of changes in his plan recommended by the
Planning Board. A cul-de-sac was required by the Planning Board to
provide frontage for the second lot. The cul-de-sac is closer to the
pond than the originally planned driveway and must be reviewed for
determination by the Commission.
Mr. Moran asked if there would be any additional impact than what is
already there. It was responded that there would be no additional
impact. it was explained that the cul-de-sac would be pitched toward
• the road and that construction blasting would be minimal or done by
chipping for the installation of sewer lines. There will be no filling
on the ledge.
Mr. Moran then asked if there were any comments,either for or against,
the project. Ms. Julie Tremblay of 33 Hood street in Lynn, Ma. spoke in
favor of the project.
Mr. Moran suggested that a motion be made to make a negative
determination with the condition that all construction material or
debris be removed from the site. Ms. Yale suggested that an additional
condition be attached to the negative determination that states the
applicant must stack bales of hay around the pond during construction.
Mr. Takis made a motion to give the applicant a negative determination
with the two conditions discussed. The conditions are; 1. to remove all
construction material and debris from the site and 2. to place bales of
hay around the pond during construction. Mr. Hogan seconded the motion
and the vote was unanimously in favor.
PUBLIC .HEARING - Mr. Pappalardo - 4 Dearborn Lane
Mr. Moran read the notice of the public hearing.
-Page 2-
Mr. Leonard Pappalardo was present and distributed plans for his
addition to his house at 6 Dearborn Lane.
The applicant has been before the Commission twice before; once for the
original construction of his house, the second time for the construction
of a swimming pool. The applicant built, a restraining wall when he
built the pool.
Mr. Moran asked for the dimensions of the house as well as the proposed
dimensions of the addition. The applicant responded that the house is
36' X 18' and that the addition will be 15' X 221 . The addition is to
be located to the rear of the house and is for the purpose of providing
more living space. The addition will be 22' from the water and will be
2 stories high. Mr. Moran asked the applicant if any variances are
necessary for this construction and the response was that none were
necessary.
Mr. Geoghegan questioned the applicant about his need to bring in fill
and was answered that fill was never brought in and that fill will not
be necessary for this project, although the applicant will be doing
excavation for the foundation.
Mr. Harney asked about a manhole easement and it was responded that
there is an easement, but the construction of an addition, as proposed,
will not affect the easement.
. Mr. Moran then asked if there were people present to speak in favor of
the project. Since there were none, he asked for opponents to identify
themselves and state their opposition.
Mr. Ralph Hobbs of 7 Larchmont Road spoke against the proposed addition.
His opposition was based upon the fact that the applicant had
restrictions originally placed on the size of the house bythe
Commission and Mr. Hobbs felt that the addition would be a breach of
those original restrictions. Mr. Hobbs was also concerned about the
right-of-way to the beach and the eventual usage of the addition.
Mr. Moran suggested that the Commission review the minutes from the
meeting which dictated the original decision for Mr. Pappalardo' s house
construction before making a determination. A site visit was also
suggsted and was arranged for Tuesday, September 16, 1986 at 6:00 p.m.
A detailed plan•of the proposed construction was also asked to be
available for Commission members at this time.
MINUTES OF MEETING
September, 25, 1986
• The Salem Conservation Commission met on Thursday, September 25, 1986 at
One Salem Green, second floor conference room at 7:30 p.m. Present were
Chairman Philip Moran, Fred Harney, Harry Takis, Martha Hogan, John
Doyle and Staff Advisor Dale Yale. Paul Geoghegan and David Lash were
absent.
Philip Moran called the meeting to order at 7:35 p.m.
PUBLIC HEARING — HUTCHINSON MEDICAL — Highland Avenue
Mr. Moran read the notice of the public hearing.
Mr. Tom McAuliffe of Hutchinson Medical, Mr. Harkins of Lindentree
Architects, and Dr. Hugh Mulligan of Gulf of Maine Research were in
attendence to present the proposal.
e
Mr. McAuliffe told the Commission that the extra space would be required
for additional warehouse and office space for the current occupants, who
have been at this location since 1981 , and for an additional medical
practice which is seeking to relocate.
The proposed plan is for construction of a 15,000 sq. ft. building
( 7,500 on each of 2 floors) with a medical practice occupying the first
floor and the warehouse and medical storage on the second floor.
Mr. Harkins presented a conceptual drawing of the proposed building.
Fill will be used at the rear of the lot in order to accomodate the
additional building. The slope is currently 1 :2, the fill would make
the slope more gradual and be able to facilitate parking in the rear.
Mr. Hawkins presented a two level parking scheme as part of the
development. One lot would be 15' lower than the top lot. The grade of
the lots would be at elevation 125 with the slope maintaining its
current direction. The area proposed to be filled is a finger—like
projection of bordering land subject to flooding and is hydraulically
connected to a bordering vegetated wetland. In order to provide proper
flood storage during a 100 year storm, a compensating area is necessary.
A plan was presented which would locate a compensatory storage area to
the rear of the property. The idea presented is to cut out a site which
would serve as a retention area for flood waters with the same hydraulic
connection as existing.
Dr. Mulligan has mapped and identified the wetlands at the rear of the
property for Hutchinson Medical. Dr. Mulligan has done the calculations
for estimates of the retention basin size in order to have a plan ready
if the Conservation Commission chooses to enforce the option of
compensatory storage when bordering lands subject to flooding are filled
in.
•
L
—Page 2—
The run—off , even after a 100 year storm, will. be the same and the
proposed retention area will be able to handle the water.
• The proposal is to excavate for a retention area, with the proposed
retention area on City property. No arrangements have yet been made for
use of the City property. The applicant is in the process of obtaining
permission. The proposal is to excavate approximately 2' for 22,000
cubic feet of storm water during a 100 year strom. This level is
actually 9000 cubic feet more than what is necessary.
Mr. Moran asked the applicant what his proposal was if the City does not
allow this compensatory storage area to be built and maintained on City
ro ert
P .P Y
Dr. Mulligan explained that the second option is to install two large
sections of concrete pipes which would retain the water during the flood
period. From the pipes the water would seep into an existing pond which
borders the property.
Mr. Harney asked the applicant exactly who the abutters are. Mr.
McAuliffe responded the abutters are the City, Nondas Lagonakis, and
Salem Honda.
Mr. Moran asked for the current drainage and run—off flow. He also
questioned the applicant about increased run—off since the expanded
parking facility would greatly increase the impenetrable area of the
lot.
Dr. Mulligan explained that the slab grade is 5' lower than the street
and that the drainage is now toward the rear of the property. He also
told the Commission that catch basins which will be installed will be
able to handle all the run—off and will be equipped with grease and oil
traps.
Mr. Moran then questioned the applicant about the wording of the
Wetlands Protection Act which Mr. Moran interpreted to read that an
applicant must replace, on his own property, any wetlands which he is
proposing to fill. Mr. Moran also asked whether the applicants proposal
of, installing retention pipes is the same as replacing 4000 square feet
of wetlands.
Dr. Mulligan responded that the retaining pipes serve the same purpose
as the wetlands and as such is accepted under the Wetlands Protection
Act. Because no bordering vegetated wetland is being filled, no
re—vegetated compensating area is necessary. The interests of the Act
are limited to flood water retention, not wetland replication.
Mr. Moran asked if the proposal was only affecting lands bordering an
area subject to flooding and whether or not the proposal needs to be
approved by the Planning Board also. Mr. McAuliffe responded that this
was the first process he and his associates have filed and that only the
land bordering wetlands will be affected.
•
Page 3
Mr. Moran asked if this proposal will serve as a branch for Puritan
Medical of Swampscott or whether they are seeking a home base
• relocation.
Doctor Casale from Puritan Medical told the Commission that he plans to
relocate his main office to Salem from Swampscott.
Mr. Harney and Mr. Takis suggested that the Commission members visit the
site. The consensus of the Commission is that this is a good idea.
September 29, 1986 at 6:00 p.m. is the designated time for the site
visit to 333 Highland Avenue.
Mr. Takis made a motion to continue the public hearing until our next
regularly scheduled meeting, October ,9, 1986.
Ms. Hogan seconded the motion and it was unanimously voted in favor.
ORDERS OF CONDITIONS — DARBIE LANDING, WHITE STREET f
Mr. Moran updated the Commission regarding this application since the
September 11, 1986 meeting at which a Public Hearing was held for Darbie
Landing.
The following list of Conditions was read to the Commission members:
1 . Work shall conform to plans and narrative submitted with Notice of
Intent.
• 2. All demolition materials (pilings) shall be disposed of at an
approved dumping facility. The name and location of the facility shall
be furnished to the Commission, and copies of the delivery slips, dated
and signed by the disposal site manager and the contractor shall be
furnished to the Commission.
3. There shall be no landward storage of dredged materials. All dredged
material shall be transported by scow to the Federal Disposal Site. No
de—watering shall be performed on the landward portion of the site.
4. Notification of the commencement of dredging operations shall be
given to the Conservation Commission at least 72 hours prior to
initiation of work.
5. Dredging operations shall be completed prior to March 15, 1987.
Mr. Moran asked Ms. Yale why the inclusion of a de—watering condition
was in the Orders of Conditions when it was his understanding that no
de—watering of the dredged materials was planned.
•
Page 4
• Ms. Yale responded that de—watering of dredged materials will have to
occur somewhere and the Commission should ensure that it does not happen
on land.
Mr. Takis made a motion to accept the Orders of Conditions as proposed.
Ms. Hogan seconded the motion and the vote was unanimously in favor.
ORDERS OF CONDITIONS — DEARBORN LANE — PAPPALARDO
Mr. Moran brought the Commission up to date on the status of this
proposal. The public hearing has been continued from the meeting of
September 11, 1986 in order to allow the Commission members the time for
a site visit and for Ms. Yale to research the minutes of the original
Orders of Condition to see if, or why, size limitations were set on the
house.
Ms. Yale, after researching the minutes which documented the original
Orders of Conditions, reported to the Commission that the present house
was sold to Mr. Pappalardo from a developer and that Mr. Papparlardo was
not allowed to bring in fill to enlarge the lot on which to build. The
only stipulation given in the original Orders was to build a house upon
a difficult lot.
Ms. Yale pointed out that at the site visit there were several neighbors
who voiced support for the proposed plan.
Mr. Moran reminded the Commission that Mr. Ralph Hobbs, who was in
opposition to the plan when the public hearing was opened at the
September 11, 1986 meeting, was not in attendence at the site visit and
was not in attendence at this meeting to voice any other opposition to
the plan.
Mr. Harney made a motion to close the public hearing. The motion was
seconded by Mr. Takis and the vote was unanimously in favor.
Mr. Takis made a motion to accept the Orders of Condition as follows:
1. Proposed structure shall conform to plot plan entitled, "Plan of Land
in Salem, for 6 Dearborn Lane", dated August 1986, prepared by Sherman
Eidelman. Any alteration of the plan shall require the Applicant to
inquire, in writing, of the Commission whether a new filing is required.
2. The finished slope of the bank shall be 2: 1 . The bank shall be
loamed and seeded for stability.
3. Any excavated materials shall be removed from the site.
4. A minimum of 10' shall be maintained between the proposed addition
and the City' s drainage easement.
Page 5
5. There shall be no encroachment on the public right—of—way to the
. beach. '
6. Following the construction of the foundation, the Commission shall
inspect the site prior to issuance of a building permit.
7. As— built plans, stamped by a Registered Engineer or Land Surveyor,
shall be submitted before issuance of a Certificate of Occupancy.
Ms. Hogan seconded the motion and the vote was unanimously in favor.
REVIEW OF MINUTES
Mr. Takis made a motion to accept the-minutes as amended. Ms. Hogan
seconded the motion and the vote was unanimously in favor.
OLD—NEW BUSINESS f
Ms. Yale raised the issue of a development occuring on Parlee Street in
which fill is definately' within 100' of wetland vegetation. The area is
bordering a pond.
Mr. Takis told the Commission that fill and piles are on the site and
that two issues of concern to him are:
1 . the developer has no hay bales to protect the pond
• 2. The slope is poor and the fill is of poor quality.
Ms. Yale suggested that the Commission send the developer a strongly
worded letter requesting him to get and use hay bales as well as file an
application. The consensus of the Commission is that this should be
done.
Ms. Yale then directed the Commission's attention to a contract for
Commission members to sign concerning the funding of Winter Island
Improvements, as discussed three months ago with Andrea Fish, a Staff
Assistant in the Planning Department.
Mr. Doyle asked Ms. Yale if the property between Fort Avenue and
Memorial Drive past the power transmitor station is under Conservation
Commission control. Ms. Yale responded that it was in the process of
being turned over to the Conservation Commission.
Mr. Takis made a motion to adjourn at 8:30 p.m. , which was seconded by
Ms. Hogan and unanimously voted on in favor.
C215
•
MINUTES OF MEETING
October 9, 1986
• The Salem Conservation Commission met on Thursday, October 9, 1986 at
One Salem Green, second floor conference room at 7:30 p.m. Present were
Chairman Philip Moran, Martha Hogan, Fred Harney, David Lash, John
Doyle, and Staff Advisor Dale Yale. Paul Geoghegan and Harry Takis were
absent.
Philip Moran called the meeting to order at 7:30 p.m.
CONTINUATION OF PUBLIC HEARING — HUTCHINSON MEDICAL — Highland Avenue
Mr. Moran began the continued public hearing by asking the
representatives of Huthinson Medical to recap the issues involved in
their proposal to the Commission members. Dr. Hugh Mulligan of Gulf of
Maine Research, representing Hutchinson Medical, explained that his
client would like to construct an additional building on his property in
order to facilitate a business expansion as well as the relocation of
Purtian Medical to the proposed facility. The proposed building would
be located behind the existing building with parking facilities around
the building and a floodwater retention area to the northwest corner of
the property.
Mr. Lash asked Dr. Mulligan what the elevation difference is at the site
currently and how they propose to work with the elevation drop. Dr.
Mulligan responded that the top elevation is 125 and bottom elevation is
85, so there is approximately a '40 foot drop at the site. Mr. Lash
• commented that this is very steep.
Dr. Mulligan continued to recap the original plan for the Commission
stating that Hutchinson Medical had proposed to construct a retention
area on abutting City owned land, but since that initial proposal has
received less than enthusiastic responses .from several sources, the new
proposal has a retention area incorporarted into plans entirely on the
applicants property.
Dr. Mulligan distribu=ed an analysis done by Dr. Chang, Gulf of Maine 's
Engineering Consultant , which showed that the minimal area necessary for
retention of water during the 100 year flood was 9,080 cubic feet.
Hutchinson Medical is proposing to build a retention area with a 10,000
cubic feet storage capacity.
Dr. Mulligan told the Commission that a berm will surround the area of
the proposed development including the retention area. The topography
of the area includes a pond and connected marsh land. It is the
applicant's intention that the retention area will allow the waters to
seep into the surrounding wetland at a gradual rate thereby minimizing
the possibility of flooding downstream during a 100—year storm.
In order to accomodate the proposed building and parking facility, the
applicant proposes .to build a parking lot at a lower elevation. A 1 : 1
slope shall be maintained between the parking level and the retention
pond with riprap consisting of large rocks.
•
Page 2
The building will also be built into the slope so that entrance occurs
at two different elevations.
• Ms. Yale questioned Mr. Harkins of Lindentree as to the size of the
rocks to be used as riprap. Mr. Harkins responded that the rocks will
be approximately k toe yard and the slope will be stabilized with
plantings so as to preserve the landscaping the applicant proposes to
do.
Ms. Yale asked Dr. Mulligan if the applicant has any maintenance
schedule for the retention area so that it does not loose its retention
capacity through siltation. Dr. Mulligan responded that this could be
added as a part of the Order of Conditions.
Mr. Lash asked about the slope of the retention area and where the water
will go. Dr. Mulligan responded that abutters are being informed of all
plans and their concerns, if any, will be addressed.
Mr. Harney questioned Dr. Mulligan about the slope from one parking
level to the next and about the plans to include plantings throughout
the levels in order to stabilize the area. Ms. Yale added that the
Planning Board will more than likely require some type of plantings at
these levels. Mr. Harkins replied that the applicant is attempting to
leave a variety of areas for plantings throughout the parking lot.
Dr. Mulligan told the Commission that the underground pipes which were
originally proposed as part of as retention plan are no longer being
considered. The parking lot will also have catch basins with grease
•` traps. These catch basins will also drain into the retention area.
Mr. Moran raised the issue of Dr. Chang's calculations and his maximum
figure of 19,000 cubic feet of retention area necessary for the 500 year
flood level. Dr. Mulligan responded that this level is very
conservative and the manner in which Dr. Chang arrived at the minimum
cubic feet of retention was the manner in which most projects derive
their retention figures. dr. Mulligan also told the Commission that
what Hutchinson Medical has proposed is what they have the capacity for.
It may be that during a 100 year storm the retention area will overflow,
but it will overflow into a pond.
Mr. Moran read from the Wetlands Protection Act, Chapter 4-2, Section
10.57 and asked Dr. Mulligan to respond to this as it pertains to the
proposed project. This section refers specifically to the requirement
that proposed compensating areas shall not contribute to increases in
flows or velocity.
Dr. Mulligan responded that the proposed development will not cause an
increase in the downstream flooding because of the provisions being
taken for flood water retention. The retention area will be created on
the land bordering an area subject to flooding during a 100 year storm
and the retention area will equalize the amount of water before and
after the flood, since the retained water will have a channeled flow
toward the pond.
•
Page 3
Mr. Moran questioned Dr. Mulligan about the loss of bordering land due
to development. Dr. Mulligan responded that the present area of
• flooding will be relocated, not decreased, and as such will not be
increasing flood level.
Mr. Moran theh asked Dr. Mulligan about information presented in Dr.
Chang' s report about the flow direction in which Dr. Chang stated that
water flow directed away from the wetland could cause the drying up of
the wetland. - Dr. Mulligan responded that it is not his client' s
intention to direct the floodwater away from the wetland, but to direct
it toward the pond. Dr. Mulligan stated that he was trying to retain
the flow into the wetland, not divert it.
Mr. Moran then asked if there were any comments from the public. Since
there were no comments, either in favor or opposition, Mr. Lash made a
motion to close the public hearing. Ms. Hogan seconded the motion and
the vote was unanimously in favor.
Mr.. Moran told the applicant that an Order of Conditions would be
available. at the next meeting.
PHASE VI SEWER IMPROVEMENTS
Ms. Yale updated the Commission on the status of the sewer improvements
which, as a part of the grant process, came before the Commission in
January of 1985. At that time, the Commission issued an Order of
Condition which specified that written notice be given to the Commission
30 days prior to the begining of any work. The grant has been approved
• and the City has submitted a revised plan to the Commission for its
review and comments.
Ms. Yale informed the Commission that in the previous plan, the sewer
improvements were to be placed alongside the North River on Franklin
Street. This placement was in an environmentally sensitive area and.
encroached on some private properties. The new plan runs the sewer line
up the middle of Franklin Street, which is removed from the
environmentally sensitive area and away from private properties.
Ms. Yale read a letter from Mr. Robert Barrows of C. E. Maguire,
consultants for the project, which stated that the Department of Public
Works is ready to go forward with the amended plans and that the
Department has received its grant money to perform the work. It is
proposed that the work will go out to bid in the Spring of 1987.
Mr. Moran and Mr. Doyle both stated that they felt the amended plan is
much better from an environmental point of view.
Mr. Moran put forward the idea that a letter be sent to Mr. Paul Niman
of the Public Works Department stating the concurrence of the
Conservation Commission with the amended plan.
•
Page 4
OLD BUSINESS
. Ms. Yale raised the topic of Parlee Street and informed the Commission
members that she wrote the owner, Mr. Malone, a letter in which the
Commission' s concerns about the pond and the bordering wetlands were
expressed. Mr. Malone responded that he would provide an adequate type
of buffer to prevent siltation into the pond. He also responded to a
phone call Ms. Yale made to him by stating that he will file a Notice of
Intent and until action on the Notice is taken by the Commission no work
will occur with 100' of land bordering a wetland.
Mr. Takis called Ms. Yale afterthephone conversation had occurred and -
told Ms. Yale that work had not ceased in the designated area and that
Mr. Malone had installed granite curbing in order to prevent siltation.
Ms. Yale told the Commission that it is Mr. Malone' s intent to use old
sidewalks which the City is removing for fill and to fill to the Parlee
Street elevation to within 100' from the pond and then have a 50' drop
with a 2:1 .elevation.
The consensus of the Commission was that this proposal is unacceptable
to the Commission and that future correspondence with Mr. Malone be done
by registered mail. Additional correspondence should seek a filing of a
Notice of Intent from Mr. Malone.
Ms. Yale raised the issue of violations of the Order of Condition issued
by the Commission to Mr. Dan Mackey of Leggs Hill Road. Ms. Yale has
• received several phone calls from Marblehead residents who view the
site. Site examination indicated that Mr. Mackey has indeed violated
the Order of Conditions.
Ms. Yale brought a recently passed law regarding Order of Condition
violations to the Commission' s attention. The law states that DEQE can
impose a fine on the party in violation without going to Court so long
as the Commission can prove that the party is in violation of the Order
-
of Condition and a cease and desist order has been issued.
Since both of these criteria have been met in Mr. Mackey's case, Mr.
Moran suggested that the Commission write to Mr. Monga, Mr. Mackey's
attorney, expressing the intent of the Commission to use this new law, in
Mr. Mackey's case if changes are not swiftly forthcoming. It was the
consensus of the Commission that Mr. Mackey' s violation be handled in
this fashion.
NEW BUSINESS
Ms. Yale read a letter of thanks from Mr. Ray Lavender and expressed
Glenn Yale's thanks for acknowledgement of their service to the
Commission.
Mr. Moran suggested that the Conservation Commission send a letter to
DEQE and state officials endorsing any increase in DEQE staff in order
•
Page 5
to better enforce the existing legislation under their perview, as well
as keep up with the increasing demands made upon DEQE.
Ms. Yale told Commission members about an upcoming MACC workshop. Ms.
Yale will mail Commission members additional information about the
workshop.
Mr. Moran suggested that Ms. Yale get in touchwiththe City Solicitor
for an opinion about Juniper Cove which was requested some time ago.
A motion was made by Mr. Harney to approve the minutes as submitted.
The motion was seconded by Ms. Hogan and was voted unanimously in favor.
Ms. Hogan made a motion to adjourn, which was seconded by Mr. Doyle.
The vote was unanimously in favor. The meeting adjourned at 8:25 p.m.
Respectfully submitted,
W�
Cynthia Carr
Clerk of Commission
C331
•
MINUTES OF MEETING
October 23, 1986
The Salem Conservation Commission met on Thursday, October 23, 1986 at
One Salem Green, second floor conference room at 7:30 p.m. Present were
Chairman Philip Moran, John Doyle, Harry Takis, Paul Geoghegan, Martha
Hogan, Fred Harney and David Lash.
Philip Moran called the meeting to order at 7:30 p.m.
Huthchinson Medical — Order of Conditions
This proposal involves the construction of a 15,000 square foot building
to the rear of Hutchinson Medical, 333 Highland Avenue. In order to
accomodate this new construction and attendant parking, filling of a
bordering land subject to flooding will be necessary. The Applicants
propose to provide a compensatory flood storage area along their rear
property line and construct a 1 : 1 riprap slope up to the proposed
parking area.
The proposed Conditions were reviewed by the Commission.
Mr. Moran raised the issue of the cleaning of the grease and oil traps
,and enforcement of this requirement as well as making sure the applicant
knows the cleaning is his private responsibility. Mr. Moran did not
want the interpretation as to whose responsibility the maintenance of
the grease and oil traps to be .left open. Ms. Yale suggested that the
maintenance contracts for the cleaning of the grease and oil traps be
submitted to the Conservation Commission and that Condition #7 include
the phrase "at the owners expense".
Mr. Moran also raised the issue as to the maintenance of the retention
basin which was brought up at the October 9, 1986 meeting. The minutes
refer to Dr. Mulligan as stating that a maintenance schedule for the
retaining basin could be included in the Order of Conditions for the
applicant, if the Commission felt it to be a necessity.
The proposed conditions were presented as follows: _
1 . Except as modified by this Order, work shall conform to plan
entitled, "Site Plan -- Highland Avenue", prepared by Lindentree
Corporation, dated October 5,1986, addendum to Notice of Intent
dated September 8, 1986, by Gulf of Maine Research, and calculations
performed by Tsung Ting Chaing, P.E. , dated September 23, 1986,
revised version.
2. Prior to commencemennt of construction, a detail of proposed
riprap slope, including plantings, shall be submitted to the
Conservation Commission for review and approval.
3 . All unacceptable fill materials including but not limited to
tires, appliances, scrap metals, etc. shall be removed from the site
prior to commencement of fill operations.
10-1 4. Prior to commencement of fill operation, and subsequent
Page 2
construction, an erosion control barrier shall be installed in
accordance with "Erosion and Sedimentation Control Guidelines",
•- Publication #13, 529-39-1000-2-84-C.R. dated August 1983.
5. Fill material shall be clean, gravel fill. During fill operations
and subsequent construction, the property shall be fenced and locked
to prevent unauthorized dumping of inappropriate materials.
6. Surface drainage patterns shall be maintained toward the wetland
area on the southwest corner of the site.
7. Proposed compensatory area shall be maintained in such a manner as
to provide maximum flood storage capacity. Prior to any maintenance
operation, however, the Conservation Commission shall be notified.
8. . All proposed catch basins shall be equipped with oil and grease
traps which shall be cleaned a minimum of twice yearly at the owners
expense. Verification of such cleaning shall be forwarded to the
Commission.
9. A 6' level pervious landscaped buffer zone shall be established
between the top of the proposed 1:1 slope and the paved parking area.
10. The use of salt as a de-icing agent on the parking areas shall be
prohibited.
It . Conservation Commission members and/or their designated agent
reserve the right to enter and inspect the site during the filling
• and construction procedures.
12. As-built plans stamped by a Registered Professional Engineer
shall be submitted to the Commission prior to issuance of a
Certificate of Compliance.
Mr. Takis made a motion to approve the Order of Conditions as
amended. Mr. Harney seconded the motion and the vote was
unanmimously in favor.
Sunburst Fruit Juices - Modification to Order of Conditions
Attorney Serafini, the applicant' s representative, had not arrived so
Mr. Moran suggested the Commission move to the next agenda item and
address the Sunburst concerns when the applicant ' s attorney and
engineer arrive. The consensus of the Commission was favorable to
this suggestion.
Minutes
Mr. Moran stated that there was a typographical
error in the minutes
from October 9, 1986 and that it should be corrected. Mr. Takis made
a motion to approve the corrected minutes. Mr. Lash seconded the
motion and the vote was unanimously in favor.
Old Business
L
Page 3
Ms. Yale mentioned that the MACC workshop at the Reading Town Hall
was coming up on November 8, 1986 and that Commission members should
sign up with her if they wanted to attend this workshop. Ms. Yale
told Commission members the cut off date for submitting an attendence
reply would be October 30, 1986.
Mr. Geoghegan raised the issue of Mr. Zieff' s construction at the
Village at Vinnin Square. He stated that Mr. Zieff seems to be in
compliance with the Order of Conditions the Commission issued in
regard to the pond. The pond looked brown to Mr. Geoghegan, but he
suspected that this coloration would clear up once construction was
finished.
Mr. Moran raised the issue of Mr. Mackey being below elevation 30 by
several inches. Ms. Yale said she is expecting a letter from
Mr. Mackey' s attorney, Dev Monga. The letter will state that he and
his client are anxious to work with the Conservation Commission to
seek a solution without the imposition of a fine.
Mr. Moran suggested that Mr. Mackey submit evidence to the Commission
that he has not violated the 30' elevation level which was dictated
in his Order of Conditions. Mr. Moran then stated that before the
Commission take action with DEQE, Mr. Mackey be given until the next
meeting to put things in order.
Mr. Moran then raised the issue of Naumkeag Salvage. The owner of
the property has not complied with his agreement with the Commission.
•' It was the consensus that a letter be sent to Mr. Pelleter, the
owner of Naumkeag Salvage, informing him of the new legislation which
allows DEQE to impose a fine on the owners of properties which are in
violation of the Wtlands Protection Act.
Mr. Takis questioned Ms. Yale as to the status of the Parlee Street
development. Ms. Yale responded that Mr. Malone has hired a new
engineer and his plans were not ready to present to the Commission.
Mr. Malone agreed not to work within 100' of a wetland until his
Notice of Intent was filled and reviewed by the Commission. Mr.
Moran stated that the fill is now all spread and that some of it is
unsuitable fill material. Mr. Moran then stated that the burden of
proof as to the suitabliity of the fill material is on the applicant
and that the Commission can enforce removal of unsuitable materials.
Mr. Doyle responded that the applicant and the developer are not
ignorant as to the quality of the fill and the violations they may be .
creating so they should be required to remove as much fill as the
Commission deems unsuitable.
Mr. Lash asked what the status of the work was. Ms. Yale responded
that Mr. Malone has ceased work within 100' of the wetland until they
file a Notice of Intent. Ms. Yale stated that the Planning Board.
approved a subdivision for 3 lots at this site.
Mr. Lash suggested that a Cease and Desist Order be issued to the
• applicant and be attached to the deed. Mr. Lash noted that Mr.
Page 4
Malone should be notified he is in clear violation of the wetlands
regulations.
Mr. Takis questioned the routine filing procedures which occur with
other projects. taking place within 100' of a wetland. Ms. Yale
responded a Notice of Intent is usually filed before work begins on a
project and relatively close to the time of submittal to the Planning
Board. Because the Planning Board and Conservation Commission work
cooperatively, usually each Board is included in necessary reviews.
New Business
The topic of a billboard placed on state easement property was
discussed. Mr. Moran then brought to the Commission' s attention the
fact that Nick Fiore was filling behind his property on Highland
Avenue. Ms. Yale responded that she would check the filling to
ascertain if it was in violation of the Commission' s regulations.
Mr. Moran then told the Commission that the property between the
Volkswagen repair shop and Nick' s had old tires and used auto parts
dumped onto a wetland.
Sunburst Fruit Juice - Modification to Order of Conditions
Mr. Moran read a letter submitted by Attorney Serafini, Jr. , the
applicant ' s representative, which stated the problem with the parking
lot drainage into the state system on Highland Avenue as dictated by
•- the Order of Conditions. The applicant will install and maintain the
gas and oil separators but cannot tie into the state system. The
applicant stated that the state system runs into a wetland area
anyway, just further down Highland Avenue. Mr. Wear, the applicant' s
engineer, stated that the applicant will install sets of 4 catch
basins which will be able to accomodate the water flow for the 10
year storm level. The alternative to allowing the drainage of water
from the catch basins to the wetlands would be to construct 12" pipe
replacement into the existing system. This would cost between
$250,000.00 - $500,000.00 and would be a financial hardship to the
applicant.
Mr. Wear suggested that if the applicant installed MDC gas traps as
well as maintained these traps when the water dissipates from the
traps the wetlands will not be in jeopordy.
Mr. Geoghegan questioned Mr. Wear as to the flow from each catch
basin. Mr. Wear responded that the rate of dissipation will be
approximately 3.5-4 c.ft./second for both catch basins at the 10 year
storm level. The project slope is 1 :1.5 which is a little less than
45%. 6" to 1.5' stones will be used on the slope and will be used as
velocity reducers and energy dissipators. Mr. Geoghegan asked how
erosion will be controlled between the riprap. Mr. Wear responded
that the riprap will be 1 '-2' deep and the gravel will not be
exposed. Ms. Yale then asked about the maintenance of the catch
basins. Mr. Wear responded that they need to be pumped out and have
the hoods cleaned every 6 months or so.
Page 5
Mr. Takis asked if two sets of catch basins will serve the projected
water flow. Mr. Wear answered in the affirmative.
Mr. Moran asked as to the percentage of water which will be on the
impervious surface as well as how much of it will be directed into
the catch basins. Mr. Ware stated that a 6" berm will be placed
around the entire parking facility so it is hoped that all of the
water will drain to the catch basins before dispersing into the
wetland.
Mr. Lash made a motion to modify the Order of Conditions to allow the
catch basins to drain into the wetlands. Ms. Hogan seconded the
motion and the vote was unanimously in favor.
The Conditions will now read as follows:
1 . Work shall conform to plan entitled, "Site Plan of Land, Salem,
MA, prepared for Sunburst Fruit Juices", dated 5/14/86, revised
7/18/86 and 9/8/86.
2. Catch basins equipped with gas and oil separators shall be
installed in proposed parking lot. Maintenance of such catch basins
shall be performed a minimum of three times per year and verification
of such maintenance shall be forwarded to the Conservation
Commission. There shall be no sheet run—off from the parking
facility into the adjacent wetland.
3. A detail of proposed rip—rap slope shall be submitted to the
Conservation Commission for review and approval prior to commencement
of construction.
4. The use of salt (NaCl) as a deicing agent on the parking facility
shall be prohibited.
5. As—built plans, stamped by a Registered Professional Engineer or
Registered Land Surveyor shall be submitted to the Commission prior
to issuance of a Certificate of Compliance.'
Mr. Doyle made a motion to adjourn at 8:15 p.m. Mr. Lash seconded
the motion and the vote was unanimously in favor.
C526
To: Conservation Commission members
From: Dale Yale, Staff Advisor
Re: November 14 agenda
In my absence, here is a brief summary of each agenda item:
1 . Joseph Gallo--Determination. Advertised November 9. Mr. Gallo
wishes to construct a single family home which will involve some filling
and re—grading. Our wetlands maps (W-8) indicate there is wetland to
the rear of the lot; however, Mr. Gallo has stated that there is a drain
pipe which was installed by the state some time ago which has alleviated
the wetlands problem I inspected the site and there is an area of
phragmites to the rear of the parcel. Also, Mr. Gallo should be
informed he probably needs Board of Appeal approval before building. I
suggest a site visit if any filling is to be proposed.
2. Salem State--Determination. Advertised November 9. This involves
the upgrading of two existing parking areas on Salem State property.
One area is adjacent to the Library off 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. I inspected the site and feel there is minimal
0potential for impact. They plan to install catch basins which will
drain into the closed drainage system already existing. I suggest a
conditioned Determination which would require grease and oil traps in
the catch basins with yearly maintenance and no salt for de—icing
purposes.
The second lot is off Harrison Avenue at the South Campus. Where they
plan to pave is beyond the buffer zone line. Once again, it is an
existing lot which is currently lynn pack. They plan to pave this lot
with a porous bituminous to aid in drainage. I suggested to Mr. Marrs
on the site visit that they may want to pitch the lot slightly away from
the wetland area. I suggest a negative Determination.
It is important to note that the City is very much in favor of
maximizing parking for Salem State to alleviate the parking problems on
the streets.
3. Public Hearing--Danny Mackey, Broadway. Advertised Nov. 6. You are
familiar with this area. Mr. Mackey is proposing to regrade his lot and
stabilize the existing bank within the buffer zone. You may want to
consider an Order this evening because we do not meet again until
December 12, which is beyond 21 days. Or you could continue the
hearing.
ti
MINUTES OF MEETING
December 11, 1986
The Salem Conservation Commission met on Thursday, December 11 , 1986 at
One Salem Green, second floor conference room at 7:30 p.m. Present were
Acting Chairman, Paul Geoghegan, Harry Takis, Fred Harney, Martha Hogan
and Staff Advisor, Dale Yale.
Mr. Geoghegan called the meeting to order at 7:35 p.m.
Parlee Street
Mr. Geoghengan read the public hearing advertisement from the Salem
Evening News and opened the public hearing.
Mr. Malone ' s attorney, Mr. Dev Monga of Murphy, Ryan and O'Keefe,
presented Mr. Malone ' s plans for the subdivision of four single—family
house lots. Mr. Monga added that one of the proposed dwelling units is
partially in the wetland buffer zone.
Mr. Monga stated that Mr. Malone was unaware, when filling began, that
he was not in compliance of the Wetlands Regulations. Since
notification from the Conservation Commission, Mr. Malone has staked hay
bales. Mr. Monga stated that these efforts show good faith on Mr.
Malone ' s part. Mr. Monga added that more hay bales willbe in place
before any additional filling takes place.
Mr. Geoghegan asked if the wetland was delineated on the plan presented
to the Commission. Mr. Monga responded that the edge of the wetland is
marked, but that the edge of the buffer zone is not delineated.
Mr. Takis questioned the applicant regarding the quality of fill used to
date. Mr. Monga replied that the undesirable fill referred to in a
letter dared October 1 , 1986 has been removed from the site. Mr. Takis
asked the applicant when the undesirable fill had been removed and Mr.
Malone responded that it was removed after the Commission' s letter had
been received.
Mr. Takis then asked how long the filling had been going on and stated
that prior to the staking of any hay bales concrete barriers had been
placed at the site. Concrete barriers are an inappropriate method of
protecting the wetland from sedimentation. Mr. Malone responded that
the fill operations have been taking place for approximately six months
now. He further stated that he has had problems with the Engineers he
has hired and once again stated that he did not realize he was in
violation of any regulations. Mr. Monga reiterated that it is
unfortunate that Mr. Malone had not filed a Notice of Intent earlier,
but he is hopeful that compliance can be reached regarding this project.
Mr. Takis asked whether the proposal is for three of four homes. Ms.
Yale responded that it is for four homes.
Mr. Geoghegan asked about the volume of fill. removed since the October 1
�t1 , 1986 Letter was received. Mr. Malone responded that between three and
Page 2
four trailer loads of inappropriate fillhave been removed. Mr. Takis
asked if the last fill dumped was the first removed, or was there an
_,area in which most of the inappropriate fill was dumped, thus this has
been the area which has seen the most removal .
Mr. Malone stated that much of the fillwas very good fill. and that it
had come from Salem Willows and behind Rich' s Department store.
Mr. Harney asked Mr. Malone how much more filling has to be added to the
site. Mr. Malone responded that approximately 6" of gravel and 8" of
loam has to be added at the site. Mr. Harney stated that the grade will.
be changed another 1 .5 ' or so. Mr. Malone answered in the affirmative.
Mr. Harney then asked how the filling will affect the surrounding house
lots . Mr. Malone stated that the filling will not affect the abutting
homes since the fill is pitched toward the wetland.
Mr. Takis then asked the applicant how the finished bank was going to be
stabilized. Mr. Malone responded that the bank will be seeded.
Mr. Takis stated that a site visit was necessary in order for the
Commission to examine the fill which remains at the site as well. as the
proposed location of the buildings in relation to the wetlands buffer
zone. Ms. Yale explained that the Commission can close the public
hearing or continue the .public hearing after at the next meeting on
January 15, 1987 after the site visit. Mr. Malone had no objections to
this continuation.
Mr. Takis asked the applicant why he hadn' t filed a Notice of Intent
before. Mr. Malone responded that he has a partner who was handling the
permit application processes previously.
Mr. Geoghegan asked if the fill process has been monitored at all.. Mr.
Malone stated that he has been monitoring the filling and that the
unacceptable fill that was dumped has been removed. Mr. Geoghegan
stated that the Commission can require the applicant to do borings at
his own expense. Mr. Malone responded that this would be acceptable to
him. Mr. Harney then asked Mr. Malone what compaction method has been
used. Mr. Malone stated that the trucks dumping the fillhave compacted
the fill . He further stated that the fill at the bottom is comprised of
large boulders.
Mr. Geoghegan asked if the 100' buffer zone can be delineated on the
plan before the site visit. Mr. Monga answered in the affirmative. Mr.
Malone asked if he could speak to the Commission and stated that he has
had no bad intentions and is sorry that he had been misled and not filed
a Notice of-Intent earlier.
Mr. Takis made a motion to continue the public hearing until January 15,
1987 . Ms. Hogan seconded the motion and the vote was unanimously in
favor.
r
Page 3
. Champlain Road — discussion
*arms. Yale told the Commission that Mr. John Buonfiglio has submitted a
plan to the Commission for discussion and input before he submits a
Notice of Intent . Ms. Yale stated that the proposed plan has a
retaining wall approximately 5' from the wetland with the applicant
filling in the dry side of the retaining wall . Mr. Buonfiglio' s
engineer has suggested the a retaining wall constructed from railroad
ties be built at the site. The applicant has come before the Commission
informally to ask what type of wall would be satisfacotry to the
Commission as well as discuss other issues of interest to the Commission
since he is building close to the wetland.
Mr. Geoghegan asked if allowing Mr. Buonfiglio to build in the buffer
zone would set a precedent for the Commission or present problems with
future requests. Ms. Yale replied that the Commission has allowed
building to take place in the buffer zone before.
Mr. Harney asked how large the wallis going to be. Mr. Buonfiglio
replied that the wall will be 3 ' to 4' high. Mr. Geoghegan asked how
much of the buffer zone will be filled. Mr. Buonfiglio responded that
none of the buffer zone will be filled, but the filling will take place
within 5' of the buffer zone.
Mr. Harney asked the applicant if the building was for speculative
purposes or for his own residence. Mr. Buonfiglio responded that the
building is for his own residence. Discussion ensued concerning the
life span of a retaining wall comprised of railroad ties. Mr. Harney
stated that the life span of a railroad tie is approximately 20 years
and that in everyone ' s best interest it would be better to use a
different construction material for the retaining wall . Mr. Takis asked
how long the retaining wall will be and Mr. Buonfiglio replied that it
will be approximately 100' in length. Mr. Takis raised the issue of
building the retaining wall with drainage holes in it if concrete is
used for the wall .
Ms. Yale told Mr. Buonfiglio that other issues the Commission will be
reviewing will be the quality of fill , the staking of hay bales around
the wetland during construction and a public hearing will have to be
held.
Old/New Business
Ms. Yale raised the issue of Mr. Mackey's noncompliance with the Order
of Conditions issued to him. She stated that an informal survey done by
the Planning Department shows that Mr. Mackey has violated the condition
that he not excavate below elevation tO. Mr. Geoghegan asked if the
matter should be reffered to the City Solicitor. Ms. Yale suggested
that the Commission request Mr. Mackey to submit a signed, stamped
survey by a Registered Professional Engineer of the property in
question. His compliance or noncompliance with this request will
determine if the matter should be refered to the City Solicitor.