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MINUTES OF MEETING
January 15, 1987
The Salem Conservation Commission met on Thursday, January 15, 1987 at
One Salem Green, second floor conference room at 7 :30 p.m. Present were
Chairman Philip Moran, Harry Takis, Martha Hogan, Fred Harney, John
Doyle, Paul Geoghegan, David Lash and Staff Advisors Dale Yale and
Rebecca Curran.
Vice-Chairman Paul Geoghegan called the meeting to order at 7 :35 p.m.
Public Hearing - Winter Island Yacht Yard
Mr. Geoghegan read the advertisement for the public hearing from the
Salem Evening News and opened the public hearing. Mr. Peter Haywood,
owner of Winter Island Yacht Yard at 3A Winter Island Road explained his
proposal to the Commission. 14r. Haywood told the Commission that recent
storms have caused much damage to his property. He is asking the
Commission permission to reconstruct a retaining wall to prevent future
land erosion. Mr. Haywood proposed to build a straight blockwall made
of concrete blocks, or granite depending on the availablity and expense
of granite. The existing wall which has suffered severe storm damage
has been at the site for the past 9 years. The proposed wall would be
in approximately the same location, but would be 10' high at low tide.
There is no abutter opposition to this plan.
1:s. Yale asked if the applicant would need to install footings. Mr.
-` Haywood responded that he would not need to install footings if the
glacial ledge could be reached during installation excavations.
Mr. Geoghegan asked Mr. Haywood if all the fill will be done from the
land side of the proposed wall. Mr. Haywood responded in the positive.
Mr. Takis asked Mr. Haywood if any removal would take place. Mr.
Haywood responded that there may be some care in of land as construction
begins which would have to be removed.
Mr. Robert Gauthier, an abutter was present and at this time spoke in
favor of the proposed project. He stated that Mr. Haywood has done a
good job in maintaining his property and has reinvested substantially in
the boat yard since purchasing it.
Mr. Lash made a motion to close the public hearing. Mr. Takis seconded
the motion and the vote was unanimously in favor:.
Ms. Yale told Mr. Haywood that the Commission has the option of drafting
conditions after the meeting or during the next two weeks and that the
Commission will be in touch with him when the conditions are drafted.
Public Hearing continuation - Parlee Street
Ms. Yale stated that the site visit was held on January 3, 1987, but due
to the large amount of snow cover on the ground, it was difficult for
',the Commission members to determine the visual condition of the fill as
well as to do a visual wetland deliniation.
- 2 -
Ms. Yale then stated that the issues of most concern to the Commission
9 in the memo were the wetland delineation, the slope of the fill in
} relation to the wetland as well as the quality of fill.
Mr. Geoghegan-stated that the bank seemed unstable because of the
construction technique used when filling took place. He also stated
that it was unclear to him as to where the unsuitable fill had been
removed from. Mr. Malone, the applicant , stated that the unsuitable
fill had been removed from the stockpiled fill on the site.
Mr. Robert Gauthier then spoke to the Commission members as a consultant
for Mr. Malone. Mr. Gauthier stated that he supervised all of the fill
he designated to go into the area. He further stated that some
undesignated filling has taken place at the site and that the lock on
the gate has been broken at least twice. Mr. Gauthier stated that
residents of Parl.ee Street were dumping bituminous into the site when
replacing their driveways this past summer. This dumping was
unauthorized. Mr. Gauthier stated 'that all of the fill he authorized to
be dumped at the site came from either Collins Cove, Salem Willows and
Jerry's Army and Navy. The fill is at least 12 ' in solid rock and
13 '-14' in some places. Mr. Gauthier stated that the authorization to
spread the fill would never have been given if he thought that the fill
was going to go into a wetland, and to his knowledge, no fill to date
has encroached upon a wetland.
Mr. Gauthier added that in order to. have proper sewer installation, the
dwelling units must be built at elevation 97. The site was 79 at some
points before filling began, and any places which have not yet reached
95, must be brought up to this elevation prior to construction of the
houses.
Mr. Takis asked why hay bales had not been installed at the site. Mr.
Gauthier responded that some had been installed and that if hay bales
are available at this time of year, more will. be purchased and staked if
this is a requirement of the Commission.
Mr. Gauthier also stated that Mr. Malone has had problems with the
previous engineers he had hired for the project, but now Mr. Chuck Fayer
has been retained for this job and all. previous problems can be
resolved.
Mr. Gauthier further stated that during the next 5-6 years the City wi.l.l.
be undertaking a sidewalk improvement program and he proposes to have
the old sidewalk materials dumped at this site to stabilize the bank of
the fill and to save dumping costs for the City.
Mr. Geoghegan asked if the wetland had been delineated on the plan
presented to the Commission. Mr. Malone responded .in the affirmative.
Mr. Geoghegan asked what the basis for this delineation had been. Mr.
Malone responded that Mr. Chuck Fayer had done the wetland delineation
work based upon a survey and the topo maps.
- 3 -
Mr. Gauthier asked if a survey done by Mr. Hugh Mulligan would better
address the needs of the Commission. It was responded in the
affirmative and Mr. Gauthier stated that a survey and wetland
delineation by Mr. Mulligan will. be forthcoming.
Ms. Yale stated that a priority of the applicant should be to stake hay
bales approximately 10' from the bottom of the slope. Ms. Yale then
stated that a silt fence may be a suitable alternative if hay bales were
not available at this time of year.
Mr. Gauthier also asked if the Commission wanted the edge of the wetland
or the 100' buffer del.iniated on the map. Mr. Geoghegan responded that
both of these delineations would be preferable.
Mr. Harney asked where the gate is located at the site. Mr. Gauthier
responded that the gate is located near the junction of Parlee and
Crowdis Streets. Mr. Malone stated that no one that he or Mr. Gauthier
would give authorization to have been at the site since the cease and
desist order was placed on the property.
Mr. Harney asked if the backhoe parked at the end of Crowdis Street
belongs to either Mr. Gauthier or Mr. Malone. They responded in the
negative.
Mr. Moran stated that he has sited wood, plaster and Isuzu brochures at
the site. Mr. Gauthier responded that he had not authorized fill.
comprised of these materials to be dumped at the site, but the lock has
been cut on several occasions and that he will do everything possible to
satisfy the. Commission regarding the outcome of this project .
After examining the plan, Commission members felt that two of the
proposed houses are located within the 100' buffer zone and one has a
steep slope at the rear corner.
Mr. Moran made a motion to continue the public hearing at the next
meeting. Mr. Takis seconded the motion and the vote was unanimously in
favor.
Legg' s Hill - Discussion
Ms. Yale told the Commission that after a site survey performed by the
City, it was determined that Mr. Mackey was at elevation 30.69. His
Order of Conditions stated that he was not to go below elevation 40.
The Commission requested that Mr. Mackey respond to the Commission' s
survey by having a registered engineer or land surveyor perform a survey
within fourteen days to confirm Mr. Mackey' s verbal: disagreement with
the City' s survey.
This request was sent to Mr. Mackey by registered mail and, to date, the
Commission has not received a response to this request .
4 -
Mr. Takis asked what the Commission should do next. Mr. Moran stated
J that he felt the Commission should turn the case over to D.E.Q.E. and
let them take over the case from this point . Mr. Geoghegan agreed with
Mr. Moran.
Mr. Lash asked how the case is supposed to be documented. Ms. Yale
stated that Ms. Curran will look into the necessary documentation.
Ms. Yale announced her resignation from her position as Staff Advisor to
the Conservation Commission and introduced Ms. Rebecca Curran as her
replacement . Commission members wished Ms. Yale well and thanked her
for her service over the years . Commission members then welcomed Ms.
Curran to the Commission.
Certificate of Compliance - Fafard - Parcels 1 & 2
Ms. Yale explained to the Commission that two parcels on First Street
are completed and that As-built plans have been submitted to and
reviewed by the Department of Public Works and the Clerk of the Works.
Both of these reviews have been positive and it would be appropriate at
this time for the Commission to write a letter of compliance for these
two parcels.
Mr. Lash made a motion that the Commission write a letter stating that
the two parcels previously referenced in the Fafard project are in
compliance of the Order of Conditions. Mr. Moran seconded the motion
and the vote was unanimously in favor with Mr. Harney voting present .
Old Business
Ms. Yale summarized the past two weeks events at Legg' s Hill Pond for
Commission members. She explained that a dike now retains the pond
elevation at an elevation dictated by the D.E.Q.E. There is a small
culvert at pond site, but due to clogging it has never worked as a
drainage outlet for the pond. During the recent storms, increased
neighborhood flooding brought requests to the Deparment of Public Works
to clear out the culvert and allow the pond to drain. Last week the
Department of Public Works cleaned out the culvert and some drainage of
the pond occured. The pond is stabilized now at an appropriate
elevation. Ms. Yale stated she would like the Commission to get
momentum behind the plan to install a control structure, which has
received funding as well as permission from all. concerned agencies
except the Army Corp of Engineers. A permit must be obtained from them
in order to breech the dike and construct the control structure. To
have this control. structure in place as soon as possible will. be a
benefit to all. concerned, thus Ms. Yale was requesting Commission
members to work expedientl.y on the project.
The Winter Island Yacht Yard conditions were then discussed with
consensus being reached that the plan should be referenced in the Order
of Conditions and that all work will take place from the landward side
of the wall. The wall. will be 10' at low tide.
- 5 -
rParlee Street discussion ensued with the issues of the slope and fill of
the buffer zone being discussed. Mr. Harney asked how the slope will be
stabilized. Mr. Geoghegan responded that a 1 : 1 .5 slope should vegetate
itself. The maps were examined by Commission members and it was shown
that a 1 ;1 .5 slope is attainable at all house locations, but it will be
very close to a wetland in one instance. Mr. Moran stated that building
can occur in a buffer zone unless significant impact on the wetland can
be shown. Mr. Geoghegan asked how strong a case the Commission would
have if significant impact allegation was used in this case as a
deterent from filling so.close to the wetland. Mr. Moran stated that in
his opinion the case would not be that strong in this case. Mr. Moran
further stated that the Commission has a strong precident as to slopes
allowable and that a 1 :1 .5 slope would be in keeping with the
Commission' s precident . Discussion ensued as to the relocation of the
proposed houses. Mr. Lash asked what the legal front set back is for
residences in this district. Ms. Yale responded that it is 251 .
Mr. Moran then asked. the Commission if there are any new developments at
Mr. Steve Lovely' s property. It was responded that Mr. Lovely has
installed an in-ground swimming pool . Mr. Lash stated he would look
into the situation at the Lovely property.
Mr. Moran then stated that Ms. Yal.e spoke with him about the City
deeding land at the end of Victory Road to the Conservation Trust.
Mr. Moran stated that even though this action would prevent future
oi� eminent domain taking of this property for any reason it would not
prevent it from being considered a contingeous piece for future
expansion at the South Essex Sewage District Plant. Mr. Moran suggested
instead that the land be deeded Co the Park Department as a place of a
scenic vista, thus it will be safe from eminent domain taking and from
being considered a contingeous land parcel.
Mr. Geoghegan raised the issue of reimbursement for the seminars
attended last October. Mr. Moran stated that he is the only member at
this tme who can sign checks from the Commission' s account . He thought
it would be a good idea if a few more people had this ability.
Approval of Minutes
Mr. Geoghegan made a motion to approve the minutes as ammended. Mr.
Takis seconded the motion and the vote was unanimously in favor.
Mr. Harney made a motion to adjourn the meeting at 9:00 p.m. Ms. Hogan
seconded the motion and the vote was unanimouslyin favor.
C1027
�V
MINUTES OF MEETING
January 29, 1987
We Salem Conservation Commission met on Thursday, January 29, 1987 at
One Salem Green, second floor conference room at 7:30 p.m. Present were
Chairman, Philip Moran, Harry Takis, John Doyle, Martha Hogan, and David .
Lash and Staff Advisor Rebecca Curran.
Chairman Philip Moran called the meeting to order at 7:30 p.m.
Mr. Moran explained to the audience the manner in which public hearings
were held by the Conservation Commission. The applicant presents
his1her proposal and then the proponents of the proposal voice their
opinion, stating their name and address, then the opponents voice their
opinion also stating their name and address.
Determination of Applicability — 14 Rear Cherry Hill Avenue
Mr. Robert Farley, the applicants ' architect , told Commission members
that the parcel is approximately 300' from Highland Avenue and is
accessed by a 20' wide right of way. The existing wetlands map
indicates that a wetland and buffer area are located within this parcel .
Since the mapping occured, however, the site has been blasted, and fill
has been used at the site. Currently existing is a cliff and a new
growth line of vegetation, which was indicated on the plan submitted to
the Conservation Commission on January 29, 1987. Mr. Farley submitted
pictures of the site to the Commission.
91r. Moran asked if the pictures were a fair and.accurate .picture of
existing conditions at the site. Mr. Farley responded in the
affirmative.
Mr. Farley then stated that the proposed medical building will be
constructed approximately 6 ' behind the present growth area and that no
development will take place on the growth area. Mr. Lash asked if the
existing slope would be altered. Mr. Farley responded in the
affirmative and stated that the slope would be maintained with a
retaining wall .
Mr.Farley stated that the building will not have a foundation and will
be constructed on a slab. It will be approximately 13' from the base of
the slope to the construction area and will be approximately 14' from
the grade of the first floor to the present growth. There will be a
paved parking area around the building. A 36" concrete pipe will be
installed at the floodline which will bring the water under Highland
Avenue. All service wires or pipes extend to the site via the right of
way.,
In !972 the Conservation Commission reviewed and approved the proposal.
to fill the area.
Ms. Curran stated that she had reviewed the site and that there are no
*wetlands on the property at the present time. The topography of the
lar.•; has changed since the mapping such that no wetiands now exist at
the site.
Page 2
Mr. Lash made a motion to find a negative Determination of Applicability
for 14 rear Cherry Hill Avenue. Mr. Takis seconded the motion.
Mr. Moran asked if there should be any conditions added to the negative
determination. Ms. Curran stated that it may be in the best interest of
the City to state that no storage of construction materials occur on the
existing growth. Mr. Takis asked if the applicant should be restricted
in the use of salt as a deicing agent. Mr. Farley stated that there are
catch basins which drain into rock rubble and that this system will be
utilized by the medical building. Mr. Moran asked if the use of salt
would have any negative affect of bordering vegetation if it drains into
rock rubble. Mr. Lash responded in the negative.
The vote on the motion was unanimously in favor.
Parlee Street — Continuation of Public Hearing
Mr. Malone stated that since the last meeting a representative from Gulf
of Maine Research, Mr. Paul McManus, had examined the site and had
indicated an appropriate line where the hay bales were to be staked.
Mr. McManus then stated that he had flagged the area where 150 hay bales
should be staked to prevent damage to the wetland during further fill
activities or construction.
Mr. Moran asked if the wetland had been staked. Mr. McManus responded
in the negative. Mr. McManus stated that he had made a determination as
to the location of the wetland and then flagged an appropriate location
for the haybales based on this determination.
Mr. Takis asked if the wetland Mr. McManus identified has been indicated
in the plan. Mr. McManus responded in the negative.
Mr. Moran then read from the minutes of the January 15, 1987 meeting
which stated that the Commission requested Mr. Malone: stake hay bales
to prevent adverse affects on the wetland, flag the wetland and indicate
this flagging on the plan, deliniate the 100' buffer zone and identify
this on the plan.
Mr. Malone stated that he thought what was done by the Gulf of Maine
Research was appropriate. Mr. Moran stated that slope instability was a
major concern of the Commission and the future effects of slope
instability on the wetland, so delineation of the wetland and the buffer
zone on the plan is very important to their decision making. Mr. Lash
stated that the Commission needs wetland and buffer zone delineation as
a base map on which to place the plan for decision making purposes.
Mr. Moran asked what Mr. Malone ' s time frame is for the proposal . Mr.
Malone stated that there has been no work done since the Cease and
Desist was issued, but that he has an opportunity to receive 500 cubic
• yards of gravel this week and would like to take advantage of the
opportunity. It was the consensus of the Commission that Mr. Malone
could receive and stockpile the gravel at the site.
Page 3
Mr. Doyle made a motion to continue the public hearing at the next
Conservation Commission meeting. Ms. Hogan seconded the motion and the
vote was unanimously in favor.
100 Highland Avenue
Mr. Moran stated that he had received a phone call from a concerned
neighbor regarding the dumping and burying of tires at this site. Ms.
Curran verified that a 10' pile of tires was stockpiled at the site.
There was no representative at the site to inform Ms. Curran as to the
plans for these tires, so a Cease and Desist order was prepared for the
site.
Mr. Chuck Stone, representing the Welch Group, told the Commission that
no materials have been brought to the site and that his group has been
clearing the brush and trash from the site so clean up of the site can
be accomplished prior to building on the site.
Mr. Doyle asked if it was his intention to have the site cleaned up.
Mr. Stone responded in the affirmative.
Mr. Moran told the Commission that last March the Commission made a
negative determination of the site, providing all inappropriate
materials are removed from the site and only clean fill is used at the
site. Mr. Moran further stated that if Mr. Stone will leave his phone
number with Ms. Curran future neighborhood concerns regarding the site
can be handled in a manner which would not involve issuance of a cease
and desist order. Mr. Stone left his business card with Ms. Curran and
stated that future communication will be easier to achieve between
himself and the Commission regarding the site.
Old Business
Mr. Lash stated that he has not contacted Mr. Steven Lovely yet
regarding his installation of a swimming pool.
Franklin Street was discussed and it was decided that a Cease and Desist
should remain on the property of Giffy Russell so that conditions of the
Commission are adhered to before the property can be sold.
Mr. Moran then asked if there were any regulations regarding the tanks
in the middle of the North River. Mr. Lash suggested that
communications be opened with the Harbormaster' s Office so that future
water related issues could be dealt with the Conservation Commission' s
point of view included in projects.
Mr. Moran told the Commission that he noticed a "For Sale" sign on
Beaver Pelliter' s property on Broadway Street . He thought that this
would be an opportune time for the Commission to check the property for
• compliance to the Order of Conditions issued by the Commission. If
compliance has not been reached a cease and desist order may a manner
for compliance to be reached.
Page 4
Mr. Takis asked about the status of Mackey's property. Mr. Moran
replied that a letter has been sent to D.E.Q.E. regarding the property
situation and, that the next course of action is D.E.Q.E. 's decision.
Mr. Doyle made a motion to adjourn at 8:30 p.m. Ms. Hogan seconded the
motion and the vote was unanimously in favor.
Respectfully submitted,
hia Carr
Clerk of Commission
- C1030
MINUTES OF MEETING
FEBRUARY 12, 1987
• The Salem Conservation Commission met on Thursday, February 12, 1987 at
One Salem Green, second floor conference room at 7 : 30 p.m. Present were
Vice-Chairman Paul Geoghegan, Harry Takis, Fred Harney, Martha Hogan and
David Lash. Staff Advisor Rebbeca Curran was also present.
Hutchinson Medical - 333 Highland Avenue
Mr. Jim Norris of Tinti , Quinn and Savoy presented the completed plan to
the Commission as dictated by Condition #2 on the Order of Conditions
issued November, 1986. The applicants have completed the technical
aspects of the plan and have come before the Commission for final
approval prior to appearing before the Board of Appeal and the Planning
Board. Mr. Norris stated that the Order of Conditions has been complied
with and presented Mr. Earl Townsend of T & M Engineering Associates,
Inc. to present the technical aspects of the completed plan.
Mr. Townsend explained to the Commission that the overall aspects of the
plan have not changed. He stated that the ponding area is to the rear
of the property and there are on site oil and grease traps proposed for
the catch basins. An M.D.C. trap will also be installed at the site of
the Last catch basin providing extra screening of the parking lot
runoff. Mr. Townsend further explained that the catch basins collect in
a reinforced concrete pipe which disperses the water into the retention
area then it drains into the wetland at a rate equal to the natural
undisturbed rate of dispersion. There will also be grillwork on the
inside of the inlet pipe to prevent debris from entering the pipe.
The pondage area will have a 10,000 cubic foot retention capacity and
since the 100 year storm level creates the need for 7 ,000 cubic feet of
water storage, the retention area will. be adequate for the proposed
development. Mr. Townsend further explained that the pondage area tilts
slightly forward to prevent runoff entering the bordering City owned
property.
Mr. Harkness, the applicants architect, explained to Commission members
that the rip rap to be installed is on a 1 : 1 slope and that there will
be intensive plantings on this site for aesthetic purposes. Mr.
Harkness told Commission members that ground vegetation will be planted
by hand so that it will grow between the rocks. He also stated that
trees will be planted on the site and that salt will not be used as a
deicing agent on the parking lot .
Mr. Harney asked if the proposal encroaches on property other than that
belonging to the applicants. Mr. Harkness replied that the plan did
encroach on other property, but he has letters from both property owners
affected which state there support of the proposed development as well
as give permission to use their property.
Mr. Takis made a motion to approve the plan as submitted as conforming
with the Order of Conditions issued in November 1986. Ms. Hogan
• seconded the motion and the vote was Mr. Takis, Geoghegan, Lash, and Ms.
Hogan being in favor, Mr. Harney voted present , thus the motion carried.
-z-
Parlee Street — Continuation of Public Hearing
Mr. Malone presented a plan to Commission members which clearly
delineated the edge of the wetland as well as the edge of the wetland
buffer zone . Mr. Takis asked Mr. Malone who did the wetland flagging
and bufferline delineation. Mr. Malone responded that Gulf of Maine
Research had flagged the wetland and Mr. Chuck Fayer delineated the
buffer zone. Commission members agreed that -the revised plan was close
to the plan Mr. Malone had previously submitted and had worked from.
°` Mr. Geoghegan stated that the slope of the fill is greater than a 1 : 1
slope. Mr. Geoghegan asked how the slope was constructed. Mr. Malone
stated that granite and boulders had been dropped at the site and then
additional fill was added. The finished sloped was to be loomed and
seeded.
Mr. Lash stated that Mr. Malone is to keep the tow of slope at it 's
current location and work back toward the building sites to achieve a
1 1 :i' slope for the project . Discussion ensued concerning the location
and/or reduction of one of the proposed houses. Mr. Malone stated that
the adjustment could be made on this house. Mr. Takis asked if these
houses were to be spec houses. Mr. Malone answered that he intended to
live in one of the houses, the one that the adjustments need to be made
on, and the other three will be spec houses.
Mr. Lash asked when the final grading and seeding of the slope was to
take place. Mr. Malone stated he planned to accomplish this after the.
• houses were complete.
Mr. Geoghegan stated that construction debris was still a problem at the
site . He stated that brick and concrete blocks are at the site and that
this type of fill will not produce a stable bank, thus is unacceptable
fill .
Mr. Malone stated he was under the impression that the fill issue had
been resolved at the previous meetings and that what was currently
existing was aceptable fill .
Mr. Lash stated that the Commission needed to receive the information
regarding the wetland delineation and buffer zone delineation, which Mr.
Malone provided this evening, prior to moving on to other issues of
concern to the Conservation Commission. Mr. Harney stated that usually
an applicant who notifies the Commission of work to be done in or near a
wetland does so prior to undertaking any work, thus the Commission can
work the details out before the applicant starts work, but Mr. Malone' s
s,ftuation is different because work was started prior to the filling of
a Notice of Intent .
_3_
Mr. Lash stated that there were three issues with which the Commission
would like to explore further with Mr. Malone. They were:
• 1 . 1 to 1 :� slope throughout the project ,
2 . Removal of unacceptable fill ,
3. No movement of the tow toward the wetlands is to occur.
Mr. Harney asked if the corners of the house locations should be staked
for Commission members to inspect . It was the Commission' s consensus
that this would not be necessary. Mr. Malone told Commission members
that he will. submit a revised plan with the slope at 1 : 1' throughout and
the tow remaining where it is as well as the house locations on the,
revised plan.
Mr. Takis made a motion to continue the public hearing until February
26, 1987. Mr. Harney seconded the motion and the vote was unanimously
in favor.
Old Business
Ms. Curran stated that she would contact Mr. Pelliter, owner of the
Nauwmkeag Salvage on Broadway Street , and invite him to the February 26,
1987 meeting to tell Commission members how he has complied with the
Order of Conditions issued to him and answer Commission questions.
Mr. Lash stated that he has not had any luck with arranging a meeting
with Steve Lovely to discuss the alleged inground swimming pool he has
• on his property. Mr. Lash wished to write a letter concerning this
matter to Mr. Lovely, and asked if there were any objections to this .
There were none.
Mr. Harney made a motion to approve the minutes of January 8, 1987 . Mr.
Lash seconded the motion and the vote was unanimously in favor.
Mr. Harney made a motion to approve the minutes of January 22 , 1987.
Mr. Takis seconded the motion and the vote was unanimously in favor.
Mr. Lash then told Commission members that he will be out of town on
February 26, 1987 so he will not be able to attend the meeting.
Ms. Hogan made a motion to adjourn at 9:00 p.m. Mr. Takis seconded the
motion and the vote was unanimously in favor.
Respectfully submitted,
Cynthia Carr
Clerk of Commission
C1105
MINUTES OF MEETING
February 26,1987
The Salem Conservation Commission met on Thursday, February 26, 1987 at
One Salem Green, second floor conference room at 7:30 p.m. Present were
Chairman Philip Moran, John Doyle, Fred Harney, Harry Takis, and Martha
Hogan. Staff Advisor Rebecca Curran was also present.
Determination of Applicability - Gibbs Gas Station
Mr. Albert Costa, the project architect and Mr. William Holus, the
project engineer, presented a plan to the Commission members which
depicted above ground changes to the gas station's islands and gas
dispensers. Mr. Costa stated that the plans include the renovation of
the islands with new gas dispensers, which will further serve the
self-service customer and the station. There will be two pumps on the
islands with three access hoses to the gas tanks. The pumps will be in
complete conformance to state and federal regulations regarding the
operation of a self-service gas station, including the inclusion of an
automated supression system in the event of a fire. .
Mr. Costa further stated that Captain Turner of the Salem Fire
Department has reviewed the proposed changes and found the plan
satisfactory. Mr. Costa stated that both the municipality and the state
�j agencies governing gas dispensers and their proper installation have
inspected the plans.
Mr. Moran questioned Mr. Costa and Mr. Holus pertaining to the safety
methods employed at the station in the event of .a fire or gas spill.
Mr. Costa stated that the station will be fully equipped with positive .
limited barriers, as required by law. These barriers are part of the
concrete surrounding the station and will have drain "slots into an
impermiable surface retaining area, where any spilled gas would stay
until clean-up methods could be performed or evaporation took place.
These areas have a twenty gallon retention capacity. In the event of a
fire, the pumps automatically shut off and the automatic supression
system is activated. The automatic supression system releases a
chemical containing a phosphate from the hose nozzle and covers the area
of fire.
Mr. Moran asked what would happen if the phosphates were flushed into
the river to the rear of the property. Mr. Costa stated he did not
know.
Mr. Takis made an inquiry into the age and material of the existing
storage tanks. Mr. Holus stated that the 3, 10,000 gallon tanks were
installed in 1971 and were made of fiberglass.
Mr. Doyle asked Mr. Holus why digging is occuring at the site at the
�. present time. Mr. Holus responded that water was detected in one of the
tanks so Gibbs Company dug to the tank location to perform tests and
determine the amount of water in the tank as well as the manner in which
the water entered the tank. Mr. Holus stated that the water was
entering through an access point at the pump location.
i
-2-
Mr. Harney asked if the station had presented any environmental problems
to the river in the past. Mr. Moran stated that he had no knowledge of
problems with the station in the past.
Mr. Takis made a motion to make a negative determination of the plan as
submitted. Mr. Doyle seconded the motion and the vote was unanimously
in favor.
Continuation of Public Hearing — Parlee Street
It was the consensus of the Commission members to postpone this agenda
item until later in the meeting.
Discussion — Naumkeag Salvage
Mr. David Pelliter, Lionel Pelliter's son, was present at the meeting to
answer question from Commission members.
Mr. Moran stated that a Cease and Desist Order had been placed on the
property approximately a year ago and that he was under the impression
that the property was for sale and the Commission was interested in
determining whether or not the Order of Conditions had been adhered to.
Mr. Pelliter stated that the property is not for sale and that 2 rows of
cars have been pulled away from the area determined to be a wetland
. after a site visit approximately 1 year ago by the City Planner, Gerard
Kavanaugh. Questioning ensued concerning the condition of the cars when
they are parked in the yard and the location of the dismantallingarea
from the wetland as well as the length of time a dismantled car stays at
the site. Mr. Pelliter responded that all cars in the yard are
completely drained of all fluids before they are located in the yard
area of the property and the car systems are sealed to prevent any type
of leakage from the vehicle. Mr. Pelliter also stated that if a car has
a malfunctioing part when it arrived at his establishment which could
cause leakage, the part was removed from the car and was discarded.
Mr. Pelliter continued to explain to Commission members that the
dismantaling area is as close to the front of his property as possible
and thus as far removed from the wetland as poss.ible. He stated that if
the car had a leakage problem at the dismantaling area, Spill & Dry was
applied to the entire area and then it was swept up and put into a car
on the way to the crusher were it would be burned during the
incineration process of car crushing. Mr. Pelliter stated that the
length of time a vehicle remains at the site depends on various factors
including make and model of the car. He also stated that there were
approximately 300 cars at the location.
Mr. Pelliter stated that he was a member in the Automotive Recycling
Association of Massachusetts and that issues of importance to the
Conservation Commission are also issues dealt with within the
• Association. Mr. Pelliter told Commission members that his main
objective is to run a clean yard and that as many problems as possible
-3-
are taken care of by draining and resealing a car before setting it in
the yard.
Mr. Harney asked how long the business has been operated at the present
site. Mr. Pelliter responded that his family's business has been at the
site for 13 years and the site was used for the same type of business
prior to that time.
Mr. Moran asked Mr. Pelliter if a site visit would be possible for
Saturday, February 28, 1987 at 9:00 a.m. Mr. Pelliter responded in the
affirmitive.
Discussion - Highland Avenue drainage - State D.P.W.
Ms. Curran stated that the Commission has received correspondence which
stated the state would like to begin construction of the improved
drainage plan under Highland Avenue near the Moose Hall as soon as
possible. The letter also stated that there have been minor changes to
the plan, but the invert and the operations are to stay the same, so
Mass. D.P.W. believes that the Commission will not object to the
proposed changes. The letter was written by Mr: Arthur Doyle.
Mr. Moran asked Mr. Harney how the State planned to proceed with the
process of digging under Highland Avenue in order to attain the improved
• drainage system. Mr. Harney responded that Mass. D.P.W. plans to
accomplished this by jacking a steel casing under Highland Avenue and
then inserting a concrete carrier pipe. This method will eliminate the
need for extensive excavation as originally planned. Mass. D.P.W. has
,performed numerous boorings at the site and the exact spot for the
jacking process was probably determined by the booring results.
Ms. Curran stated that the State 's Order of Conditions expires in March
1987 and suggested that an extension may be in order to facilitate the
improved drainage.
Mr. Doyle asked if there would be any perceived complaints regarding the
project from abutters. The Commission felt that there would be no
abutter complaints.
Mr. Takis made a motion to extend the Order of Conditions for the
improved drainage system on Highland Avenue with the extension Order
reflecting the proposed changes submitted to date by Mass. D.P.W. and
stating that the project will maintain the same elevations and
operations as originally approved, with any changes that may arise being
brought before the Commission. Ms. Hogan seconded the motion and the
vote was unanimously in favor.
Old/New Business
Mr. Moran stated that he had been contacted by Councillor Fufaro who
requested that Mr. Moran speak at, or submit a letter to be read at a
meeting which took place on February 25, 1987 regarding the Stasinos
-4-
project on Highland Avenue. Mr. Moran told Commission members he had
submitted a letter to be read at the meeting which stated that the
Stasinos ' project was not going to occur near a wetland, but that the
Commission was concerned about the drainage across Highland Avenue.
Discussion ensued regarding the Stasinos ' project and the ramifications
it has to future drainage problems along that section of Highland
Avenue. Mr. Stasinos had submitted a plan which included catch basins,
but the pipes draining the catch basins dead-ended at Highland Avenue.
A Cease and Desist Order has been placed on the project due to problems
encountered by the Building Inspector' s Office.
Mr. Harney stated that Mass. D.P.W. has issued a Cease and Desist Order
on Dr. Kurtin's property on Highland Avenue since no plans at all had
been to submitted to that agency.
Mr. Moran voiced concern regarding the state of the pilings in front of
the hanger at Winter Island and made the suggestion that the
Harbormaster be contacted, since the disintergrating coverings around
the pilings could prove to be hazardous to navigation in the area.
Parlee Street
Mr. Harney stated he visited the site this morning and that the gates
were locked and there was no evidence that any work had been performed
at the site. Ms. Curran stated Mr. Gauthier had communicated with her
and stated that no work could be performed because the ground is frozen.
Mr. Doyle asked if the concrete blocks were removed. Mr. Harney
responded in the affirmative.
Mr. Harney made a motion to close the public hearing. Mr. Takis
seconded the motion and the vote was unanimously in favor.
Discussion ensued concerning the Order of Conditions to be issued for
the project. The following issues were to be included in the Order of
Conditions for the project :
1 . Staked haybales shall remain in place until permanent vegetative
cover has been established.
2. All unacceptable fill material cuurently on site including, but not
necessary limited to, bricks, concrete blocks, building material, scrap
metal, etc. shall be removed prior to commencement of work.
3. Addtional fill. material shall not include broken sidewalk material or
any bituminous or concrete material.
• 4. The tow of the existing slope, as designated on plan submitted,
December 6, 1986, is to be maintained.
5. The finished slope shall be 1'x:1 . The slope shall be loamed and
seeded for stability.
• -5-
6. Inspection and approval by the Conservation Commission of the slope
at the site is required before final loaming and seeding of the slope is
performed.
Ms. Curran asked Commission members if she should investigate the Loring
Avenue sign replacement for Conservation land. Members stated that Mr.
Lash originally did the work involving the placement of the sign, so
suggested that she contact him regarding the sign.
Mr. Takis made a motion to approve the minutes of February 12, 1987 as
submitted. Mr. Doyle seconded the motion and the vote was unanimously
in favor.
Mr. Doyle made a motion to adjourn at 8:30 p.m. Mr. Takis seconded the
motion and the vote was unanimously in favor.
Respectfully submitted,
Cynthia Carr
Clerk of Commission
C1113
MINUTES OF MEETING
• March 12, 1987
The Salem Conservation Commission met on Thursday, March 12, 1987 at One
Salem Green, second floor conference room at 7:30 p.m. Present were
Chairman Philip Moran, Harry Takis, John Doyle, and Fred Harney and
Staff'Advisor, Rebecca Curran. Absent were Martha Hogan, Paul
Geoghegan, and David Lash.
Philip Moran called the meeting to order at 7:30 p.m.
Station Road Discussion
Mr. Raymond Beaulieu, owner of 35 Station Road and the abutting property
requested an informal discussion with Conservation Commission members
regarding the options he has for building an addition on his existing
home at 35 Station Road. He was also interested in the possibilities of
building a new house on the abutting lot. The lot his existing house is
on is completely in a buffer zone and the lot he wants to build a new
structure on is approximately 80%,wetland the remainder is a buffer
zone.
Mr. Beaulieu stated he has resided at this location for the past 13 or
14 years and had the lots subdivided in 1983 . He stated he did not know
until recently that he was in an area subject to the Wetlands Protection
• Act, thus needing Conservation Commission approval prior to building on
the property.
Mr. Takis asked how large the proposed addition was to be. Mr. Beaulieu
stated that the addition will be approximately 30' to 40' long and will
extent to 10' of the side yard lot line.
Mr. Moran suggested that Commission members meet at the site on
Saturday, March 14, 1987 at 9:00 a.m. with Mr. Beaulieu to look at the
site prior to making suggestions to Mr. Beaulieu about the addtion or
the new structure. Mr. Beaulieu stated that this was agreeable and the
other members were in agreement.
Mr. Moran then stated that Mr. Beaulieu may have problems building a new
structure on the property he owns adjacent to his home since most of the
parcel is in a wetland.
Paden Discussion
Mr. Faden of 45 Daniels Street requested an informal discussion
regarding his property. Mr. Paden distributed pictures of his home on
Daniels Street. He stated that the seawall, as existing, needs to be
improved to avoid future storm damage to his property and he would like
to remove the existing stairs and relocate them as well as explore the
possiblity of adding a deck which would protrude approximately 3 ' over
the seawall, after it had been improved. Mr. Faden also told the
• Commission members that the mudflats abutting the seawall were owned by
Mr. David Crosby of Beverly Farms, MA. He stated that Mr. Crosby bought
_2_
• the flats in 1977 for $100.00 and is paying $2k a year in taxes on the
flats to the City of Salem.
Mr. Moran stated that the first issue Mr. Faden had to overcome was that
of the flats belonging to a person other than himself, and he would have
to get an easement or Mr. Crosby's permission before the Commission
could give him approval to build any structure over Mr. Crosby's
property.
Mr. Moran stated that all three projects described by Mr. Faden would
require a Notice of Intent and Conservation Commission approval. Mr.
Takis asked whether or not the Army Corps of Engineers would have to be
notified about the projects.
Mr. Moran asked the applicant and other Commission members if a site
visit on Saturday morning, following the Station Road site visit would
be possible since the proposals are not clear in his mind, even after
viewing pictures of the property. The consensus of the other Commission
members was that this was a good idea and Mr. Faden was in agreement.
Naumkeag Salvage
Mr. Moran stated that after a site visit Ms. Curran has suggested that
Mr. Pelliter be informed of the following requirement regarding his
property:
• 1 . Require the applicant to remove two rows of cars and all other debris
for the entire length of the property,
and suggest that Mr. Pelliter undertake the following:
2. Require the applicant to retain a qualified expert to determine both
the environmental impact of the yard on the wetland and a method of
alleviating any determined impact.
Mr. Moran stated that all vegetation behind the property could be
identified as wetland vegetation. He also stated that Mr. Pelliter has
two truck trailers stock piled directly above the wetland. Ms. Curran
stated that there is a large pile of tires adjacent to wetland. Mr.
Moran further stated that Mr. Pelliter has been agreeable with
Conservation Commission suggestions to date and stated he belonged to an
organization which helps used car lots to function in an environmentally
sound manner so he. is hopeful of compliance to the two requirements as
stated above.
New/Old Business
Ms. Curran stated while visiting Mr. Mackey's property abutting Mr.
Pelletier's property and she discovered that he is in violation of all
Order of Conditions issued to him for the property. She contacted
D.E.Q.E. and they would like documentation of this noncompliance in
order to strengthen their case against Mr. Mackey. This documentation
will help to show that Mr. Mackey has a pattern of noncompliance to
Wetland Protection Act regulations. The Commission members were of the
• -3-
consensus that they should do anything within their power to help
D.E.Q.E. document their case against Mr. Mackey, so Ms. Curran was
directed to send a letter to D.E.Q.E. documenting Mr. Mackey' s
noncompliance.
Ms. Curran stated that Mr. Kieren requested a one year extension on his
Order of Conditions to build a swimming pool in his back yard at
15 Linden Avenue. The consensus of the Commission was that the
extension should be granted.
Ms. Curran then told Commission members that Darbie Landing has notified
her that dreging operations will begin, as they were required to in
their Order of Conditions.
The deteriorating pilings at Winter Island were then discussed. Mr.
Moran suggested, and it was the Commission's consensus, that a letter be
written to the City Enginner, Planning Department and the Mayor' s Office
stating their concern with the condition of the pilings as being in
violation of the Wetland Protection Act. He suggested that the
Harbormaster also contact the same depatrments stating his concern with
the condition of the pilings as being a hazard to navigation.
• Mr. Moran told Commission members that David Lash has notified him that
he will be moving to Essex, MA in April, thus can no longer serve on the
Cpnservation Commission. Mr. Moran asked Commission members to let him
know if they know of any qualified people who would like to serve on the
Commission.
Ms. Curran stated that it would be Ms. Carr' s last meeting and that if
there was no objection she would like next weeks meeting to be recorded.
There were no objections.
Mr. Ta kis made a motion to approve the minutes of February 27, 1987 as
submitted. Mr. Harney seconded the motion and the vote was unanimously
in favor.
Mr. Doyle made a motion to adjourn at 8:30 p.m. , Mr. Harney seconded the
motion and the vote was unanimously in favor.
Respectfully submitted,
Cynthia Carr
C1126
•
'
MINUTES OF MEETING
March 26, 1987
1
The Salem Conservation Commission met at One Salem Green, second floor .
conference room on Thursday, March 26, 1987 . Present were Phil Moran,
Harry Takis, John Doyle , Fred Harney, Martha Hogan, Paul Geoghegan,
+ David Lash, and Conservation Advisor Rebecca Curran.
DETERMINATION OF APPLICABILITY-MAGEE, 441 LAFAYETTE STREET
Attorney Bob LeDeux, representing the applicant Marquis Magee, informed
' the Commission that in 1978 there was an Order of Conditions issued for
P
a Foundation plan at 441 Layfayette St. which was to be built in a
wetland buffer zone. The house is now for sale, and two foot
encroachment on the side line was recently discovered. The discretion
E was due to an error in which tkle deck was never shown on the original
i plan. Mr LeDeux, informed the Commission that the foundation was built
as submitted. The deck is an important aspect of the house, was built
but, did not appear on the original plans. Mr. Moran stated that the
7 foundation does comply to the Order of Conditions. Mr. Moran suggested
that the Commission issue a Certificate of Compliance for the foundation
and a Negative Determation be issued for the deck. Mr. Geoghegan
questioned_[he_decj< in .regard. to the. buffer -and-Mr. Moran-replied that
;. • it does no[.JDtgrf.Cxe 3with-it.__ _ :__. _= _ -- -_==- - =-
i
Upon the motion of Mr. Moran and the second of Mr. Takis it was decided
that a Certificate of Compliance would be issued. The Commission
{ unaminously voted in favor and a Negative Determation would be issued
for the deck.
OLD/NEW BUSINESS
i
1 Mr. Moran questioned Ms. Curran on the status of Mr. Beaulieu and she
informed him that he was planning to submit a Notice of Intent for the
next meeting.
Mr. Takis informed the Commission that he had been to Parlee Street and
noticed that fill was being dumped over the existing slope. Mr. Moran
asked if he was in compliance and Mr. Takis responded that he believed
so. Mr. Moran suggested that he continue to visit the site and keep the
Commission informed of the status.
Ms. Curran stated that she and Mr. Ralph Perkins of the DEQE inspected
Mr. Mackey's properties . After inspecting and reviewing the Broadway
site it was found that there was no time limit on the Broadway Order of
1 Conditions and therefore there was not much the Commission or DEQE could
do. She then stated that the DEQE is putting on Enforcement Order on
the Leggs Hill case. The owner will have twenty-one (21) days to submit
• an erosion control plans and plans to restore the bank to elevation 40.
If he does not comply the owner could be subject to penalties
administered by the DEQE.
r
Ms. Curran informed the Commission that there was a Cease and Desist
Order placed on Joseph Morphew' s property at Highland Avenue and he had
i
i
not yet responded to the Order.
Mr. Moran questioned the status on Fafard and Ms. Curran informed him
that the Fafard issue had been taken care of.
David Lash stated that Steve Lovely' s swimming,pool on Story Street may
possibly be affecting the bank. Mr. Geoghegan asked where. Mr. Lovely is
discharging the chlorinated water. Mr. Moran suggested that this issue
be on a future agenda and that the Commission take a site visit this
Spring. Ms. Curran replied that she would'keep the Commission informed
on the status .
Mr. Lash then stated that tonight would be his last meeting.
Mr. Takis then motioned the meeting ajourned and David Lash second the
motion. Having passsed unaminously the meeting adjourned at 7 :45.
Respectfully submitted,
Susan Cosman
Clerk of Commission
C1136
•
0 �i�
z� Conservation Commission
• Salem. Massachusetts 01970
^Ussnc���
MINUTES OF MEETING
April 9, 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, April 9, 1987. Present were Philip Moran,
John Doyle, Paul Geoghegan, Martha Hogan, Fred Harney, and Staff Advisor
Rebecca Curran.
Chairman Philip Moran called the meeting to order at 7:35 p.m.
35 STATION ROAD — PUBLIC HEARING
Chairman Philip Moran read the notice of the public hearing.
Mr. Beaulieu was present to discuss the construction of a`12OO square
foot addition to his existing house at 35 Station Road. The proposed
addition would be constructed within 100' of a wetland. Mr. Moran asked
what the dimensions of the proposed addition would be. Mr. Beaulieu
then presented an architectural drawing of the plan. Mr. Moran noted
that the proposed addition would not appear to effect the existing
• culvert. The Commission had previously visited the site and concluded
that the proposed addition would not effect the existing wetland. Mr
Beaulieu stated that the dimensions of the proposed addition were 25 x
36 feet and 12 feet from the property line.
Councilor Nutting was present spoke in favor of Mr. Beaulieu's proposal
and added that he is an abutter to the property and approved of the
proposal.
Upon the motion of Mr. Harney and the second of Ms. Hogan the hearing
was closed.
Mr. Moran made a motion to find a Negative Determination of
Applicability for 35 Station Road. Mr. Harney made a motion and Ms.
Hogan seconded the motion.
The vote was unaminously in favor.
Mr. Moran stated that Mr. Beaulieu is to follow the plan presented to
the Conservation Commission.
333 HIGHLAND AVENUE — PUBLIC HEARING
Chairman Philip Moran read the notice of the public hearing.
• Dr. Hugh Mulligan of Gulf of Maine Research was present to represent Mr.
Thomas McAuliffe. Mr. Mulligan noted that the proposed construction of
a 15,000 square foot building to the rear of the existing Hutchinson
Medical Building at 333 Highland Avenue. An Order of Conditions was
previously approved by the Conservation Commission, but was rejected by
the Planning Board for reasons unrelated to conservation concerns. Dr.
Mulligan stated that the ammendment to the proposed plans was the
acquisition of 50 feet of land to Mr. McAuliffe's property. He noted
that this had been confirmed by T&M Engineering and the new retention
basin of the same volume extended on to the new property.
Dr. Mulligan requested of the commission for an ammendmant of the
original Order of Condition. Dr. Mulligan also confirmed to Mr. Moran
that Dr. Chiang's calculations had not changed.
Mr. Moran motioned the hearing closed and the motion was second by Mr.
Geoghegan and Mr. Harney.
Mr. Moran made a motion to ammend the Order of Condition dated October
3, 1986. The ammended plan is to be dated March 31 , 1987. Mr.
Geoghegan second the motion followed by Martha Hogan. Mr. Doyle also
voted in favor and Mr. Harney voted present.
STORY STREET
Mr. Moran discussed the issue of Mr. Steve Lovely's property on Story
Street. He concluded that nothing has been done by either Mr. Lovely or
the City of Salem, he suggested a site visit by the Commission and asked
• for Ms. Curran to send a letter to both parties.
EXTENSION PERMIT — 415 LAFAYETTE STREET
On July 9, 1981 , a public hearing was held regarding the placement of
wooden floats on land adjacent to water and anchoring floats in water at
415 Lafayette Street. An Order of Condition was issued. Mr. Moran, the
owner of the property stated that his previous plan designed by Mr. Bill
French had been destroyed in a storm. Mr. Moran wishes an extension
permit for the Order of Conditions. The plans have not changed.
Mr. Geoghegan made the initial motion and Mr. Harney and Mr. Doyle
second the motion. All were in favor.
DISCUSSION — 474 LAFAYETTE STREET
Mr. Harney was present to dicuss the possibility of constructing a
swimming pool on his property at 474 Layfayette Street. He informed the
Commission that the pool would be constructed 130 feet away from the
Conservation land and not in the buffer zone. The pool is to be located
in the back of the house and there is an existing fence surrounding the
area. The discretion lies during the construction of the pool in which,
material to be used would have to be stored in a wetland buffer zone.
• Mr. Harney's plans will soon be finalized and he will then present it to
the Commission.
OLD/NEW BUSINESS
Ms. Curran informed the Commission that she had been on a site visit to
Mr. Gallo's property on Valley Street and had found a bus and two cars
on the property which is bordering a wetland. Mr. Gallo was present and
stated that the bus is a Massachusetts title motor home for storage and
the cars there are currently working and have value. Mr. Moran, who had
also seen the property said the place looked like a "dump." He also
stated that this fill is illegal and has created a dump adjacent to a
wetland. Mr. Gallo stated that this is an existing City problem in
which sewer drains into the wetland. Mr. Moran suggested a site visit
on Saturday morning and the Commission and Mr. Gallo agreed upon it.
Mr. Mark Sasnowski introduced himself to the Commission and stated that
he would like to become an associate member. He is a native of Salem
and will be sending Ms. Curran a resume.
Mr. Moran stated that he had visited the Witchcraft Heights School and
construction was being done with a bulldozer. It appears that they are
filling a wetland. Mr. Moran suggested a site visit on Saturday
morning.
Ms. Curran stated that a Cease and Desist had been placed on 80 Marlboro
Road. Mr. Ingemi, the owner, has until Monday to remove the debris that
have been dumped in a wetland. Mr. Moran said if the debris was not
removed, the next step would be to record the Cease and Desist with the
Registry of Deeds.
Ms. Curran informed the Commission that the Board of Health had
questioned the property being constructed on Seemore Street and if the
Commission had any jurisdiction over this. Mr. Moran responded no, for
there would be no substantial effect on the wetland since the the wall
is 100 feet away from wetland.
Mr. Harney stated he had been to Parlee Street and new fill had been
brought to the site and was being spread. Mr. Moran suggested a site
visit here on Saturday morning.
Mr. Moran made a motion to ajourn and Mr. Doyle second the motion. All
were in favor and the meeting ended at 8:30 P.M.
Respectfuly submitted,
Susan Cosman
BN810
•
{(�Ou COt!
• � Salem. Massachusetts 01970
yASS�Ca
MINUTES OF MEETING
April 23, 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, April 23, 1987. Present were Phil Moran,
Fred Harney, John Doyle, Martha Hogan, Paul Geoghegan, Harry Takis and
Conservation Advisor Rebecca Curran.
RICH'S DRAINAGE SYSTEM - DISCUSSION
Mr. Nick Fiore was present to discuss the problem of drainage which
involves the drainage at Rich' s Department Store and runs under Highland
Avenue. Mr. Fiore owns property at 459 Highland Avenue and 4 Clark
Avenue. A brook runs through both areas and Mr. Fiore anticipates an
increase in the water flow due to Mr. Stasinos' condominiums and Rich' s
Department Store. Mr. Fiore stated that the increase in water will
cause his land to wash away. Last year Mr. Fiore was promised by the
Department of Public Works that his property would be culverted and
nothing has been done thus far. Mr. Moran stated that the Salem
Conservation Commission had no jurisdiction on this issue, but they
• could determine by a site visit if this excess water flow is effecting
the wetlands. The Commission could also check on the status of this
through the State. Ms. Curran stated that the Stasinos project involves
the installation of an underground detention tank that will prevent
increased run off into Rich' s system. This was approved by the City
Engineer. Mr. Fiore wants the culvert to enable him to have more use of
the land. Mr. Moran added that there was once a pond there that has
been filled in and that Mr. Fiore is not losing land, but trying to gain
land. This is an issue of the State not the Conservation Commission.
Mr. Moran concluded that they would check on the status of the culvert
from the State and also discuss this issue with the City Engineer.
MOSQUITO CONTROL - DISCUSSION
Mr. Harsip was present to discuss the problem of mosquito control. on his
property at 22 Bengal Lane. He lives in one of Fafard's condos which
backs up to a wetland. He has contacted the Health Department, Public
Works, D.E.Q.E of Boston and the Mosquito Commission of Essex County and
has had no help from any parties. Mr. Geoghegan stated that he had
talked to Norm Dobson of the Mosquito Control Commission and he was
quite helpful. and had many measures of control. Mr. Harsip is going to
contact this man for some habitat modification ideas. Mr. Moran
suggested that he also send this information to Mr. Fafard.
Ron Killian, a representative of the Fafard Company, was present and
• suggested that Mr. Harsip speak with the Property Management Director
Mike Springer. He would also speak with him regarding this issue.
• WARD DEVELOPMENT PHASE II - REVIEW
Mr. Ron Killian was present to represent the Fafard Company regarding
Phase II of construction. He had previously dicussed the Phase II with
the Commission in November of 1986. The two main issues brought up by
the previous meeting were the placement of two units that were close to
a wetland area and one unit that should be eliminated completely. Mr.
Killian stated that both these proposal had been completed. The two
units were placed on a foundation of stone and now lie 13 to 14 feet
back from the wetland.
Mr. Killian is requesting a letter of reccomendation from the Commission
to D.E.Q.E stating that they have seen the proposed plan and approve an
Order of Condition.
Mr Takis made a motion to approve and Mr. Harney second the motion. All
were in favor.
OLD/NEW BUSINESS
Ms. Curran stated that so far Mr. Mackey failed to meet the deadline on
the Cease and Desist Order and D.E.Q.E will administer penalties on
Monday, April 27, 1987 .
Ms. Curran stated that she had written a letter to Mr. John Seroni,
owner of property on Valley Street. She has had no response to this.
Mr. Moran suggested she check with the Building Inspector to see if a
Building Permit was issued for the construction.
Ms. Curran had recently been on a site visit to Mr. Joseph Ingemi ' s
property on 80 Marlboro Road. He has been asked to remove the debris
that were dumped on the wetland. He has moved it, but not out of the
wetland area. It appears he does not understand where the wetland lies
and that the removal. has not helped the situation. Mr. Moran suggested
a site visit on Tuesday at 6:00 p.m.
Ms. Curran informed the Commission that she had been to Seemore Street
and that asphalt chunks are being dumped in a area above a wetland.
Asphalt is a petroleum product and she is concerned with the effects on
the wetland below. Although the area is out of the Commission' s
jurisdiction, there will be a site vistit on Tuesday night.
Mr. Harney motioned the meeting ajourned at 8:45
Respectfully submitted
Susan Cosman
Clerk of Commission
• BN913
z Comservativn Commission
Salem. Massachusetts 01970
ssnc��e
MINUTES OF MEETING
May 14, 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, May 14, 1987. Present were Philip Moran,
John Doyle, Martha Hogan, Fred Harney, Harry Takis, and Staff Advisor
Rebecca Curran.
Chairman Philip Moran call.led the meeting to order at 7 :30 p.m.
474 LAFAYETTE STREET
Mr. Moran stated that the proposed plan was the temporary storage of 64
cubic yards of fill within a wetland buffer zone. while the construction
of an inground swimming pool is in progress. Mr. Harney, owner of the
property, and member of the Conservation Commission was present to
discuss his proposal. He stated that 70% of the fill will be used for
backfill around the swimming pool. and the remaining 30% will be spread
as loam on the front lot away from the buffer zone. Mr. Harney
• concluded that the size of the pool will be 12 x 24 .Mr. Takis made a
motion of Negative Determination and Mr. Doyle second the motion. The
Commission was unaminously in favor.
OLD/NEW BUSINESS
Ms. Curran stated that she had heard nothing from Mr. Mackey regarding
Leggs Hill. Mr. Moran informed the Commission that he suggested to Mr.
Mackey that he hire an engineer and to submit the proposed plans to the
Commission. Mr. Mackey has not responded in any way to this suggestion.
Mr. Moran stated that he received a unaminous tip regarding Leggs Hill.;
he was told that 50 gallon drums had been buried in this area. The
Commission will write a letter to D.E.Q.E. informing them of this and
suggest that they take a site visit and conduct a boring test.
Mr. Takis asked if the state had been contacted regarding the status of
Nick Fiore's property and the Department of Public Works' plans to
update the culvert. Ms. Curran will write a letter to Authur Doyle of
Division 5 of the State D.P.W.
Ms. Curran informed the Commission that Mr. John Sironi of 69 Valley St.
had contacted her this past week. He requested that the Commission take
a site visit to his property. Mr. Moran suggested that Ms. Curran
• inspect Mr. Sironi's property next week.
- r
• Ms. Curran stated that Coucillor Swiniuch had contacted her regarding an
odd odor at Sunburst Fruit Juices. She also received a call from
D.E.Q.E. stating that there was an odd smell at Vincent Potato's. Ms.
Curran made a site visit to Vincent's and found waste water in the
stream. Mr. Curran stated that they did not have a sewer but had a drum
which was used as a septic tank. Mr. Takis suggested that the Board of
Health be informed of this.
Mr. Moran made an ammendmant to the April 9, 1987 minutes, the
ammendmant was noted by the clerk. Mr. Doyle made a motion to approve
the minutes and Mr. Takis second the motion.
The meeting ajourned at 8:00 p.m.
Respectfully submitted,
Susan M. Cosman
L403
•
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• Salem. Massachusetts 01970
F� yv
y erAssnt�'
MINUTES OF MEETING
May 28, 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday,_May 28, 1987. Present were Paul Geoghegan,
Harry Takis, John Doyle, Martha Hogan, Rebecca Curran and the
Commission' s newest member Robert Crowley.
Paul Geoghegan called the meeting to order at 7:40 p.m.
18 CLARK STREET — DETERMINATION OF APPLICABILITY
Mr. Walter Abraham was present to discuss his proposed plans-for his
property and has submitted a report by The Gulf of Maine Research to the
Commission. The applicant proposes to construct a single family house
on the property, within the 100 foot Buffer Zone. No work will be done
in the wetland. Mr. Abraham stated that he will be removing debris
including metal materials and replacing it with ^a y— ^s grass for
slope stabilization. Mr. Geoghegan concluded that Mr. Abraham would
have to submit a Notice of Intent for the next meeting. The Commission '
requested that Mr. Abraham detail the proposed diagram which should
include elevation, surrounding wetland and a scale for the next meeting.
20 CLARK STREET — DETERMINATION OF APPLICABILITY
Mr.. Abraham also proposes to construct a house on lot 20 within the 100
foot discretionary Buffer Zone. His proposals include the filling in of
500 square feet of Bordering Wetland in order to maximize the use of the
property. Ms. Curran quoted from the Wetlands Protection Act (10.55 4C)
"the said portion has a surface area less than five hundred .(500) square
feet, therefore the issuing authority may issue an Order of Conditions
permitting work in bordering vegetated wetland." The Commission
requested of Mr. Abraham that when submitting the Notice of Intent that
the diagram be well detailed and that lot 18 & 20 be combined as one
project.
Mr. Geoghegan suggested a site visit so the Commission would be fully
prepared when Mr. Abraham returned with the Notice of Intent. Mr. Takis
made a motion of Positive Determination for lot 18 & 20 and Ms. Hogan
second the motion.
It was unaminously in favor.
3 McKINLEY ROAD — DISCUSSION
Ms. Curran stated that the abutters of Forest River were not present,
but she had been informed by the neighbors that there was a pile of junk
in the area. Mr. Geoghegan suggested that Ms. Curran call the
Department of Public Works and request assistance in the removal, for it
is Conservation owned land.
PICKMAN PARK - EXTENSION PERMIT
• Ms. Curran informed the Commission that the DiBiase Corporation
requested an extension on the construction of condominiums. No changes
have been made to the proposed plans.
Mr. Doyle made a motion for a six month extension and Mr. Takis second
the motion. All were in favor.
JEGGLE'S ISLAND - DISCUSSION
Ms. Curran stated that the Osgood Park Association, which is a private
park on Hemenway Street, was involved in the smashing of Canadian Geese
eggs on Jeggle's Island. These people were also pouring oil on the eggs
in order to get rid of them. They have complained that the geese
continually return to their park, which is due to people feeding them.
Ms. Curran stated that these people are probably also pouring oil on the
Snowy White and Mallard eggs and that the pouring of bil will not solve
this problem. It appears that the Fish and Wildlife issued a permit for
this, but it involved the park and not the island. Mr. Doyle noted that
this lies within the Commission' s jurisdiction and that the Fish and
Wildlife should be contacted for this permit should not have been
issued. The Commission agreed that action should' be taken immediately.
Mr. Doyle made a motion for a Cease and Desist on' Osgood Park
Association from _pouring .oi1_on a wetland or within 100 feet of the
• water Ms. Hogan second 'the'motion and a-11^were-in-favor:
OLD/NEW BUSINESS
Ms. Curran stated that she had been to Naumkeag Salvage and that they
were doing a good job of cleaning the place as the Commission ordered.
She will plan a site visit with the Commission when it has been
completed.
Ms. Curran informed the Commission that she had contacted the Hazardous
Waste Commission regarding the anonymous tip of waste buried 'on Leggs
Hill. They need'more information before they will do a boring test.
Mr. Takis questioned the status on Mr. Lovely' s property on Story Street
and suggested a site visit.
The site visit of the Commission will be on Thursday; June 4, at 6:30
p.m. It will include Clark Street, Parlee Street, and Story Street.
Mr. Takis suggested to the Commission that they keep a formal list of
old business in order to keep up on open and or closed files.
Ms. Curran stated that new bbsiness included projects such as land
banking, Friends of Forest River and The City Wide Walking Trail. The
Commission will research these new ideas.
Mr. Geoghegan noted a change to the May 14 minutes and Mr. Takis made a
motion to approve the minutes followed by the second of Ms. Hogan. All
were in favor.
I
Mr. Doyle made a motion to ajourn and Ms. Hogan second the motion. The
f meeting ajourned at 8:30 p.m.
•
Respectfully submitted,
Susan Cosman
L424
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•
JON C 'tj
z Conservation Commission
Salem. Massachusetts 01970
• � W
'As
MINUTES OF MEETING
June 11 , 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, June 11 , 1987. Present were Phil Moran,
Fred Harney, Martha Hogan, Harry Takis, and Conservation Advisor Rebecca
Curran.
Mr. Moran called the meeting to order at 7:30 p.m.
18 CLARK STREET - PUBLIC HEARING
Mr. Moran read the notice of the public hearing to the Commission. Mr.
Walter Abraham was present to request an Order of Conditions for 18
Clark Street for the construction of a single family house. The
foundation will be located within the 100 foot buffer zone, but there
will be no construction in the wetland. Mr. Abraham proposes to remove
debris from the wetland and replace it with sod-forming grass. The
Commission inspected the lot last week on a site visit and were well
aware of the proposed work.
• Mr. Takis made a motion to close the public hearing and Ms. Hogan second
the motion, all were in favor.
Mr. Abraham requested that the hearing be continued for lot 20 on Clark
Street. Mr. Takis made a motion to continue the hearing and Ms. Hogan
second the motion. All were in favor.
Mr. Takis motioned that an Order of Conditions be granted on 18 Clark
Street as proposed on The Gulf of Maine Research work description. Ms.
Hogan second the motion. The Commission was unaminously in favor.
PARLEE STREET - DISCUSSION
Concerned residents of Crowdis Street were present to discuss the
construction on Parlee Street and the blasting on Crowdis Street. Mr.
Ted Michaud of 39 Crowdis Street presented pictures of the area to the
Commission and questioned the status and future plans of Mr. Richard
Malone, owner of the property.
Ms. Curran responded that the Commission was aware of the situation and
that Mr. Malone was issued an Order of Conditions to remove the debris.
Mr. Robert Redican of 42 Crowdis Street was present and informed the
Commission that he has been observing the construction closely and that
no debris has been removed.
• Mr. Moran then concluded that the Commission will monitor the situation
closely.
FAFARD PHASE II — REVIEW AND APPROVAL
Ms. Curran informed the Commission that there was a minor change in
Fafard' s condominium project that did not concern the Conservation
Commission, therefore was not within our jurisdiction.
Mr. Takis made a motion for the record that they were aware of this
change and Mr. Harney second the motion, all were in favor.
OLD/NEW BUSINESS
Mr. Moran stated that as of ,vet there has been no other destruction of
eggs at Jeggle's Island. Ms. Curran said that the situation was under
investigation by Federal and State agents.
Mr. Harney informed the Commission that Mr. Mackey has continued
construction at Legg' s Hill. Ms. Curran will inform D.E.Q.E. of this
for a Cease and Desist had been placed on his property.
Ms. Curran updated the Commission on new business that she is currently
working on which includes; an informational pamphlet to residents
residing near a wetland, and the reorganization of the Commis'sion's
files. She will submit the pamphlet this to the members for their
review upon completion.
Mr. Moran made an amendment to the minutes of the previous meeting. The
• spelling changes of Hemenway Street and Naumkeag were noted and the
motion was made for the approval and all members were in favor.
Mr. Takis made a motion to ajourn the meeting at 8:30 p.m. and Ms. Hogan
second the motion.
Respectfully submitted,
Susan Cosman
S107
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Ci ori Commissim
Salem. Massachusetts 01970
ASS S
MINUTES OF MEETING
June 25, 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, June 25, 1987. Present were Philip Moran,
Harry Takis, Martha Hogan, Bob Crowley, John Doyle, Fred Harney, and
Staff Advisor Rebecca Curran.
Chairman Philip Moran called the meeting to order at 7:30 p.m.
Hamblet and Hayes, Colonial Road - Public Hearing
Chairman Philip Moran read the notice of the public hearing.
Mr. Jebb Wallace of Hamblet & Hayes and Mr. John Dick of Hancock Survey
• were present to propose the connection of the north drainage area to the
south drainage area. Two years ago a gate valve was installed in the
south drainage area (DEQE #64-105) . Mr. Wallace and Mr. Dick feel. it
will be beneficial if the north drainage area is connected to the south
drainage area in case of a major incident. The gate valve would contain
the contamination from entering the South River. The grading will.
change slightly away from the wetland. Ms. Curran asked where the pitch
would be. Mr. Wallace responded by showing Ms. Curran that the pitch
would be towards the catch basin on the plans. Mr. Takis asked where
the gate valve was. Mr Dick said they wanted to upgrade because of the
shallow depth of the system. Mr. Moran asked Mr. Dick if he had ever
received a Certificate of Compliance on DEQE case #64-105. Mr. Dick was
not certain. Ms. Curran informed the Commission that there was no
Certificate of Compliance. Mr. Moran asked Mr. Wallace and Mr. Dick
whether the 64-105 has been completed. They said they will check on it
for next Tuesday. Mr. Moran suggested a site visit.
Mr. Moran asked for a motion to be made for a continuance until. next
meeting to allow for a site inspection. Mr. Takis -made a motion for a
site inspection and Mr. Doyle seconded the motion. The vote was
unanimous.
Mr. Harney was asked if it was necessary to have the location staked
out. Mr. Harney replied that it was not.
The Commisssion decided that the site visit will be at 6:00 p.m. on June
• 30, 1987.
• Discussion — Brentwood
Councillor O'Leary was present to ask the Commission if the problem on
Brentwood regarding the Wetlands was investigated. Councillor O'Leary
wanted to know if there was a natural spring located there. Ms. Curran
replied although there are some problems with the variances it was not a
wetland area, and the Conservation Commission has no jurisdiction. Ms.
Curran thought that sand as fill was odd; however, she continued to say
that if it was a natural spring it would be apparent.
Discussion — Crowdis Street
The second issue raised by Councillor O'Leary was Crowdis Street. Mr.
Takis said that he visited the site. Ms. Curran mentioned that the
concern was with Parlee Street and that Crowdis Street construction was
not effecting the wetland area. Mr. O'Leary inquired about the problem
on Parlee Street. Ms. Curran responded by saying that the fill was
originally placed too close to a wetland area. Some of the fill was
removed; however some remained because the backhoe was unable to reach
it. Ms. Curran also mentioned that the toe of the slope was presently
1-1 but a 1�-1 slope was requested by the Order of Conditions.
Old/New Business
Discussion — Jefferson Avenue
• Ms. Curran received a letter from a concerned citizen regarding a salt
pile on Jefferson Avenue. Mr. Takis suggested that a site visit be
made. The Commission decided to look at this site on Tuesday, June 30.
Discussion — Legg's Hill
Mr. Monga was invited by the Conservation Commission to discuss the
Commission's involvement in the Legg's Hill case. Mr. Monga stated that
if the Commission would approve the restoration work, DEQE would allow
the Conservation, Commission to handle the case. The Conservation
Commission felt that the matter could be more effectively dealt with by
DEQE instead of locally. Mr. Monga requested that a phone call or
letter be written to Ralph Perkins of DEQE informing him that the
Conservation Commission has complete disinvolvement. Mr. Moran said
that he would do that. The Conservation Commission was also concerned
with the plans submitted on May 18, 1987 because the restoration work
was done without the approval of the Conservation Commission nor DEQE.
Mr. Moran read a public hearing notice regading a public meeting/hearing
concerning the South Essex Sewerage District on Thursday, July 30, 1987
at 7:00 p.m. at Salem State College.
Mr. Abraham of 20 Clark Street was not present.
• Mr. Moran suggested a motion be made to vote on the continuance of 20
Clark Street.
Mr. Takis made a motion to approve the continuation and was seconded by
Mr. Harney. The vote was unanimous.
Mr. Moran requested a motion in favor of approving the minutes. Mr.
Takis made a motion to approve the minutes and was seconded by Ms.
Hogan.
Mr. Moran requested a motion in favor of adjourning the meeting. Mr.
Doyle made the motion to adjourn and Mr. Takis seconded the motion. All
were in favor and the meeting ended at 8: 20.
Respectfully submitted,
Ilene Talkowsky
I715
MINUTES OF MEETING
JULY 30, 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, July 30, 1987. Present were Phil Moran,
Harry Takis, John Doyle, Fred Harney, Paul Geoghegan, Bob Crowley, and
Conservation Advisor Rebecca Curran.
PUBLIC HEARING - 20 CLARK STREET
Chairman Phil Moran read the notice of the continued public hearing on
20 Clark Street. The owner of the property, Walter Abraham, was present
to discuss the proposed construction of a single family home within the
buffer zone. To accomodate this construction the applicant proposes to
fill approximately 500 square feet of bordering vegetated wetland at the
rear of the property in order to maximize the use of the land. Mr.
Takis and Mr. Doyle stated that they had been to Mr. Abraham's property
and determined that the proposed construction had no negative impact on
the adjacent wetland. Mr. Abraham then informed the Commission that he
would be using clean material for filling. Staked hay bales would be
used for erosion control.
Mr. Geoghegan made a motion to close the public hearing. Mr. Takis
second the motion and the Commission was unaminously in favor.
Mr. Moran stated that an Order of Condition be issued which shall state
that; all construction shall reference the plan, all fill must be clean,
• and that the slope shall not be steeper than 4 to 1 as indicated on the
plans.
PUBLIC HEARING - HAMBLET & HAYES
Mr. Moran opened the continued Public Hearing by reading the notice
from Hamblet and Hayes located on Colonial Road. Mr. Wallace,
representing the applicant informed the Commission that a modification
in the plans had been made. A site visit was held June 30, 1987 at
which time a representative of Hancock Survey explained the proposal.
Mr. Wallace submitted the revised plans which shows the berm constructed
of granite rather than the original bituminous. After the Commission
reviewed the plans, Mr. Doyle made a motion to close the Public Hearing
and was seconded by Mr. Takis. Mr. Moran stated that an Order of
Conditions would be issued.
CERTIFICATE OF COMPLIANCE - HAMBLET & HAYES
A representative from Hancock Survey was present to request a
Certificate of Compliance from the Commission on an Order of Conditions
granted on September 27, 1984. The construction of a valve chamber and
sump on an existing drain had recently been completed. The Order of
Conditions included the construction of a grease trap.Because all
chemicals used in the area are water soluble there is no need for grease
traps since they would serve no purpose. The Commission agreed. Mr.
• Moran stated that before a Certificate of Compliance could be issued the
Commission would need an engineer's certificate stating that the Order
of Conditions had been met.
• DISCUSSION — SEEMORE STREET
Mr. Patrick DeIulis recently constructed a single family home on Seemore
Street and came to the Commission to informally discuss the possibility
of filling in an area to level off his backyard. The applicant also
proposes to construct a wall along the property line to contain run—off.
Ms. Curran asked if any vegetation would be removed. Mr. DeIulis
answered no that his intent was only to terrace the land down. Ms.
Curran asked if he would be adding any fill and Mr. DeIulis responded
that he will be using dry mulch along the property line to stabilize the
slope. Mr. Moran stated that the proposal appeared to be negative in
determination but Mr. Deulis should file Determination of Applicability.
EXTENSION PERMIT — MOOSE LODGE
The Moose Lodge has requested an extension on the Order of Conditions
issued to them on October 27, 1983 by DEQE. The culvert 'work under
Highland Avenue has not been completed by the State Department therefore
an extension needs to be issued. Mr. Takis made a motion to approve a
one year extension and Mr. Doyle sicond the motion, all were in favor.
OLD/NEW BUSINESS
Ms. Curran informed the Commission that the B&M Company will be spraying
pesticide off the train next week along the railroad tracks.
• After there being no more old or new business, Mr. Geoghegan mad a
motion to ajourn the meeting and was seconded by Mr. Crowley. The
meeting was ajourned at 9:00 p.m.
5119
• MINUTES OF MEETING
SEPTEMBER 10, 1987
The Conservation Commission met at One Salem Green, second floor
conference room on Thursday, September 10, 1987. Present were John
Doyle, Martha Hogan, Fred Harney, Harry Takis, and Staff Advisor Rebecca
Curran.
Acting Chairman John Doyle called the meeting to order at 7:40 p.m.
SWAMPSCOTT ROAD - DETERMINATION OF APPLICABILITY
Mr. Ron Killian was present to represent the Fafard Companies on the
proposed construction of Rich' s Distribution Center on Swampscott Road.
The Fafard Corporation presently owns this site and is here to determine
the types of wetland which presently exist .
Dr. Carr of Carr Research Laboratory was also present to discuss the
site that he has inspected recently and three years previously. He has
determined that both of the questioned areas were actually isolated
lands subject to flooding and not bordering wetlands.
Mr. Ron Killian stated that if the Commission determines that it is
• isolated lands then The Fafard Corporation can begin with testing and
design to manage flooding possibly with a detention basin.
Ms. Curran, who has seen the site, agrees that this is an isolated land
subject to flooding because the hydraulic connection was cut off by a
gravel roadway. She stated that the site• was reviewed at the time that
Maynard Plastics was built (DEQE 64-120) and special condition #5 of
the Order of Conditions stated that no more than 5000 s. f. of bordering
vegetated wetland could be filled in this area.
John Doyle and Harry Takis concluded that they cannot make a
determination without taking a site visit. The site visit will be
Tuesday at 6:00 p.m.
SEEMORE STREET - DETERMINATION OF APPLICABILITY
Mr. Patrick DeIulis is requesting a Negative Determination on his
proposal of leveling off his backyard. He had previously been before
the Commission to informally discuss filling and leveling of his
property. He presented the plans and stated that he will be using
gravel for fill and a stone wall will be built for run-off.
After the Commission reviewed the proposed plans, Mr Harry Takis made a
motion for Negative Determination with an Order of Condition that clean
• fill be used and Martha Hogan seconded the motion. The Commission was
unaminously in favor.
• DARBIE LANDING - EXTENSION ON CONDITION #5
Darbie Landing Ltd. is requesting an extension of special condition #5
to continue and finish dredging at Darbie Landing. The delays are due
to financial problems.
Fred Harney made a 'motion for a one year extension and Harry Takis
seconded the motion. The Commission was unaminously in favor.
OLD./NEW BUSINESS
Mr. Takis questioned the status on Malone' s property on Parlee Street.
Ms. Curran stated that she would be speaking with him and inform him
that the Order of Conditions requires him to pull back the slope to a
1' -1 as well as seed and loam the area for stability.
Ms. Curran informed the Commission that the Municipal Golf Course will
be adding 9 holes to the course and will be working with the Salem and
Marblehead Commission on the plans.
Ms. Curran stated that she recently received a letter from neighbors in
the Webb Street area regarding Professional Roofing on 78A Webb Street.
• They would like the Commission to investigate the storage of chemicals
at Professional Roofing. Ms. Curran will research this and keep the
Commission informed' and possibly contact the Fire Department and Board
of Health.
Mr. Takis made a motion to approve the minutes of August 27, 1987 and
Mr. Harney seconded the motion. All were in favor.
Mr. Takis made a motion to adjourn the meeting and Mr. Harney seconded
the motion. The meeting adjourned at 8:30 p.m.
Respectfully submitted,
Clerk
S120
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W = Conservation Commissim
• Salem. Massachusetts 01970
W
MAssnc��y
MINUTES OF MEETING
September 24, 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday September 24, 1987. Present were Philip
Moran, John Doyle, Paul Geoghegan, Martha Hogan, Fred Harney, Harry
Takis and Staff Advisor Rebecca Curran.
Chairman Philip Moran called the meeting to order at 7:30 p.m.
HAMBLET AND HAYES — CERTIFICATE OF COMPLIANCE
Phil Moran read a letter the Commission received from Hancock Survey
with a certified stamp from an engineer stating that the work completed
meets the Orders of Conditions. The Commission had previously requested
this of them at the last meeting.
Mr. Takis made a motion to approve the Order of Conditions and issue a
Certificate of Compliance with the requirement that the Commission be
notified of any spills. Ms. Hogan seconded the motion and the
Commission was unaminously in favor.
SWAMPSCOTT ROAD — CONTINUATION OF DETERMINATION
Ms. Judy Brown was present to represent Carr Resources who is working
for The Fafard Company. All the members have been to the site to
determine if the area is bordering vegetative wetland or isolated land
subject to flooding.
Mr. Moran stated that he is concerned with the future plans that would
impact development at the park and that the Commission should consider
overall impact on the future perhaps for the next company that wants to
build and fill in more wetland area. The continuation of filling will
result in no wetland area at all.
Mr. Moran suggested that the Commission hire an expert to determine the
impact of this development and future development on the wetland area.
The Fafard Company will pay for this expert and he will report to the
Commission. Mr. Moran suggested Mr. Mulligan at Gulf of Maine Research
to review Carr Resources proposal.
Mr. Takis made a motion for a positive determination for the proposal
and Mr. Takis seconded the motion.
•
PROFESSIONAL ROOFING - 78A WEBB STREET
— }, ..i
Ms. Stergwald was present representing the neighbors of LbTS area who
are extremely concerned over the storage of chemicals at Professional
Roofing. Mr. Moran asked what types of chemical are being stored and
she replied asphalt, tar, and sheet metal.. Mr. Moran noted that the
shoreline backs up to the building.
Ms. Curran has sent Mr. Shea, owner of Professional Roofing, a letter
stating that he must come before the Commission and if he does not
further action may be taken.
PARLEE STREET
Mr. Moran has received annonymous calls, letters, and photos of the
filling that continues on Parlee Street. Ms. Curran has spoken with Mr.
Gauthier and he assured her that it would be taken care of. He was
ordered to remove the fill in February and although he has removed some
of the original fill., new unacceptable fill has been added. Mr. Moran
will contact Mr. Malone and Mr. Gauthier tomorrow and allow them ten
days to remove the fill.
OLD/NEW BUSINESS
Mr. Harney informed the Commission that the Papalado property on
Dearborn Lane was supposed to report back to the Commission once the
foundation had been poured. It was an Order of Conditions in August of
1986. Ms. Curran will send him a letter and check if a building permit
had been issued.
Mr. Harney made a motion to approve the minutes of the last meeting and
Mr. Takis seconded the motion.
After there being no further business, Mr. Harney made a motion to
ajourn the meeting and Mr. Takis seconded the motion. All were in favor
and the meeting ajourned at 8:45 p.m.
Respectfully submitted
Secretary
S125
•
MINUTES OF MEETING
October 8, 1987
• The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, October 8, 1987. Present were Phil Moran,
John Doyle, Bob Crowley, Fred Harney, Martha Hogan, and Staff Advisor
Rebecca Curran.
Chairman Phil Moran called the meeting to order at 7 :30 p.m.
MBTA - PUBLIC HEARING
Chairman Phil Moran read the notice of Public Hearing. The MBTA
proposes to replace, clean, and reinstall the ballast along the eastern
train tracks in Salem. Plans also include the restoration of existing
drainage on Jefferson Avenue. The MBTA will contract out for these
services. Mr. Moran stated that there has been no previous drainage
problems and this will provide a positive flow.
Mr. Doyle made a motion to approve the Notice of Intent with an Order of
Conditions that the proposed plans be followed and a copy of the
Conditions be sent to the contractor. Ms. Hogan seconded the motion and
the Commission was unaminously in favor.
SWAMPSCOTT ROAD - DISCUSSION
At the September 24, 1987 meeting, the Commission issued a positive
• determination on the Request for Applicability filed by the Fafard
Company to determine the type of wetlands which exist on a site on
Swampscott Road.
The Commission then voted to retain services of a qualified expert to
prepare a wetland evaluation of the area. The study was conducted at
the applicant 's expense by Paul McManus of Gulf of Maine Research.
Dr. Carr was present to represent the Fafard Company. He had previ6usly
determined that the site is an isolated area subject to flooding. He
submitted a report to the Commission that resulted in his conclusion.
Mr. McManus, representing the Commission, stated that evidence shows
that the area was a boardering vegetated wetland, but a gravel road had
caused the area to become isolated.
Mr. Kilian was present and informed the Commission that over 5,000
square feet would need to be filled for the proposed construction of
Rich' s Warehouse. Therefore, the project could not proceed if the land
was not isolated.
Attorney John Serafini spoke on behalf of the Fafard Company stating the
importance of Rich's Warehouse for the City of Salem and the employment
of Salem people.
Due to the discrepencies in the August '1985 plans submitted by Fafard
• and the present plans, Mr. Moran requested of Mr. Killian to submit a
plan and map the entire 43 acres that are owned by the Fafard Company.
This will prevent future Commissions from any further dispute over the
Swampscott Road parcel.
Mr. Killian then responded that he will submit the current status of the
43 acres when Fafard files for a Notice of Intent.
Mr. Doyle made a motion that determined the area to be isolated area
subject to flooding and that Fafard may submit a notice of intent with
the status of all 43 acres which is to reflect the Orders of August
1985. Mr. Crawley seconded the motion, Mr. Harney voted present, and
the remaining Commission members were in favor.
OLD/NEW BUSINESS .
Ms. Curran informed the Commission that a Cease and Desist was placed on
the property of Patrick DeIulis on Seemore Street. He has been using
bituminous as fill for his backyard. He was issued a negative
determination on work to be performed on his property with the condition
that clean fill be used.
Mr. Nick Fiore was issued a Cease and Desist for illegal dumping in the
Wyman Drive area. Mr. Fiore has 14 days to contact the Commission.
Chairman Phil Moran reported to the Commission that Parlee Street had
• been cleaned. After meeting with Mr. Gauthier and Mr. Malone, they
contracted Linskey Construction to remove the rubbish and bituminous.
Ms. Curran stated that she visited the site today and the job was
underway.
After there being no further business, Mr. Doyle made a motion to ajourn
the meeting. Ms. Hogan seconded the motion and the Commission was all
in favor. The meeting ajourned at 9:00 p.m.
Respectfully submitted,
Susan Cosman
Secretary
5126
1
ON CO,{�
• Salem. Massachusetts 01970
ASS Pta�h CONSERVATION COMMISSION
MINUTES OF MEETING
DECEMBER 10, 1987
On December 10, 1987, a regular meeting of the Salem Conservation
Commission was held in the second floor conference room, One Salem Green
at 7:30 p.m. In attendance were: Chairman, Philip Moran, Martha Hogan,
Fred Harney, Bob Crawley, and John Doyle.
Mr. Moran called the meeting to order at 7:35 p.m.
Seemore Road — Public Hearing
Mr. Moran read the notice of public hearing as published in the Salem
Evening News.
At the .September 10, 1987 meeting of the Commission, the property owner
of 6 Seemor.e Street, Patrick DeIulis, received a negative determination
for a proposal to regrade and fill the rear portion of his property.
On October 16, 1987 a Cease and Desist Order was issued and is still in
effect. This Order was issued in connection with the use of
. inappropriate fill and neighbors ' concern regarding drainage patterns.
Consequently, an additional Cease and Desist Order was issued by the
City Engineer, which will remain in effect until the applicant receives
a drainage alteration permit from the Engineering Department.
A site visit was conducted on October 21, 1987 at which time Mr. Delulis
was asked to re—file and submit a Notice of Intent.
Mr. DeIulis reviewed the project for the Commission explaining that he
had proposed to regrade the rear portion of his property creating three
levels, maintaining the existing 45% angle, landscaping the sloped
areas, and installing a retaining wall 1-2' above—grade. He added that
the inappropriate fill (hot top) would be excavated in the spring, and
that if required to do so, the soil would be turned over. Mr. DeIulis
noted that since the Cease and Desist order was issued, he has only
installed hay bales.
Mr. Moran asked how close the wall would be to the stream, and Mr.
DeIulis responded that it would be a 30' wall between 15-60' away from
the stream at different points along the property line.
Mr. Moran voiced concern over the impact of increased drainage and.
debris on the existing culvert on Mr. Puleo' s property at 5
Freeman Road, and Mr. DeIulis added that he felt that the retaining wall
would decrease the amount of debris running into the culvert.
• Ms. Curran asked what type of vegetation would be used on the sloped
areas, and Mr. DeIulis responded that a combinations of shrubs, wood
chips, and possibly grass would be utilized.
Page 2
•' Mr. Harney questioned the method to be employed to protect the stream
without encroaching on abutters' parcels, and Mr. DeIulis replied that
the wall would be constructed by hand, minimizing the effects of
construction.
Ms. Curran asked if a drainage permit had been applied for through the
City Engineer, and Mr. DeIulis responded that the Engineer was waiting
for the Conservation Commission to release the Cease and Desist Order
before issuing such a permit.
There being no further comments from the Commission, the meeting was
opened to the public.
There being no proponents of the project, those in opposition were asked
to voice their concerns.
Mr. Edward Parody of 11 Freeman Road felt that adequate information
regarding the construction of the wall had not been provided,
specifically the amount of digging to be involved. Also, he asked what
recourse the abutters would have if the hot top was not removed. Mr.
Moran responded that the Commission would require him to do so, and
legal action could also be taken.
Mr. Moran asked Mr. Parody if all issues relative to drainage were
• resolved with the City Engineer, did he have any other concerns? Mr.
Parody responded in the negative.
Mr. Edmund Polchlopek of 12 Freeman Road inquired as to whether or not
the wall would be directly on the property line. Mr. Moran explained
that the City' s Zoning Ordinance did allow walls to be built on the
property line.
Mr. Polchlopek informed the Commission that several years ago, a 12"
culvert was installed, and he felt it could not withstand an increase in
waterflow. Mr. Moran responded that a slope of 1�:1 would be prefered
over 1 : 1 , and that the City Engineer would require drainage calculations
prior to beginning construction. Mr. Moran added that the Conservation
Commission would issue an Order of Conditions requiring Mr. DeIulis to
comply with the City Engineer's requirements.
Mr. Lavonowicz asked what type recourse could be taken if the drainage
is altered to the degree that the culvert is overtaxed. Mr. Moran
responded that, based on the City Engineer's data and calculations, an
Order of Conditions would require him to make the necessary improvements
or a maintenance plan to avoid overtaxing the culvert. Mr. Moran also
noted that if any property causes damage to another property, that land
owner is liable for damages.
There being no further comments, Mr. Harney made a motion to close the
public hearing. Mr. Crawley seconded the motion. It was so voted.
•
i
Page 3
• Ms. Hogan made a motion that the Order of Conditions be issued on
January 14, 1987 so that sufficient information regarding drainage
calculations could be obtained from the City Engineer. Mr. Harney
seconded the motion. It was so voted.
Mr. Moran informed those present that the Order of Conditions would be
presented at the next meeting, and that comments would be heard before a
formal vote was taken.
Salem State College - Determination of Applicability
Mr. Moran read the notice of public hearing and explained that this
proposal involves the construction of a new residence facility on the
Salem State College South Campus. The proposed facility consists of
eight four story townhouse units with associated landscaping located on
the northern side of an existing parking lot.
The proposal is located near the Forest River and construction may be
located within the wetland buffer zone.
Vice President of Administration at Salem State College, Richard Marrs,
was present to discuss the proposal which involves the construction of
dormitories on Harmon Avenue along the base of an existing 40' ridge.
Water and sewer lines will be brought in from Loring Avenue, crossing
the 100' buffer zone. The water would drain into several catch basins,
through an existing channel, and into the Forest River.
• Mr. Moran asked if the parking lot was salted in the winter, and Mr.
Marrs responded that the lot had been constructed with a rough coating
so that the water would leach out.
Mr. Moran inquired about the existence of a small pond with a make-shift
bridge running across it, and Mr. Marrs noted that there is an existing
swale with a make-shift bridge. Mr. Marrs added that when the parking
lot was reconstructed, a new culvert and catch basins were installed,
decreasing the amount of water in the swale. Since the reconstruction,
a small pond has been created. Ms. Curran noted that the pond will have
to be studied.
There being no further comments from the Commission, the public hearing
was opened.
Mr. Gene Morrin spoke in opposition to the plan as he felt the
conservation land would be disrupted by the students. Mr. Marrs
responded that upper classmen would be housed in the units, and would
hope that they would not disrupt the conservation areas.
Councillor-Elect Mark Blair requested that the site be studied for the
existence of wetlands.
Mr. Marrs informed the Board that in 1985, a negative determination was
issued by the Conservation Commission.
Page 4
• Since the area has been altered, Ms. Hogan made a motion to continue the
hearing until January 14, 1988, and to conduct a site inspection on
December 12, 1987 at 9:30 a.m. Mr. Harney seconded the motion. It was
so voted.
Public Hearing - Winter Island Pier
Mr. Moran read the notice of public hearing.
Ms. Debra Hilbert of the Salem Planning Department and John Maynard of
Maguire Group were present to review the plans for the construction of a
public pier and restoration of an existing boat ramp at Winter Island.
The 180' pier will be supported by 24 concrete filled steel piles
(coated with an industry standard heat cured epoxy) which will be
founded in bedrock. Floats, anchored to pilings drilled into bedrock,
will be attached to the pier to allow docking. If funds are available,
an electric hoist will be installed to allow for the launching of small
boats.
Ms. Curran asked the life expectancy of the piles, and Mr. Maynard
responded that, if maintained, over 25 years.
Mr. Moran asked what portion of the grant would be used for the hoist,
and Ms. Hilbert responded that of the $545,000 Coastal Zone Management
• grant awarded, less than $10,000 will be spent on a hoist. The hoist
will be bid as an alternate in the event that the pier construction bids
are higher than estimated. Also, depending on the bid results, the pier
may have to be shortened 30' to be constructed within budget.
There being no further comments, Mr. Moran opended the public hearing.
As there were no comments, Mr. Harney made a motion to close the public
hearing. Mr. Crawley seconded the motion. It was so voted.
Public Hearing - Tri City Sales
Mr. Moran read the notice of public hearing.
Mr. John Serafini, representing the petitioner, reviewed this proposal
to construct an additional parking area and expand the existing building
15,000 square feet.
This construction would require the filling of an area of isolated land
subject to flooding. To compensate for the flood storage capacity lost
with the filling of the area and additional run-off due to an increase
in impermeable surface area, a holding pond will be constructed.
The applicant has retained the services of the Gulf of Maine Research
Center and Sumner Schein Architects and Engineers to identify and
delineate the wetlands on the site.
•
Page 5
• Mr. Douglas Banoit of Sumner Schein Architects and Engineers explained
that the proposal involves the construction of three general water shed
areas, on Highland Avenue, Veronna Avenue, and to the rear of the
parcel. The water will drain into catch basins (and sump pump) on
Highland Avenue and Veronna Street and collect in a detention pond to
the rear of the parcel. The detention pond will be constructed at
elevation 129 with a drainage pipe at elevation 130 to allow sedement to
collect. The water will then be fed into the storm drain on Highland
Avenue which will be increased from a 12" to 15" concrete pipe with a
reduced slope. A swail will be constructed along Verona Street with
slopes of 2:1 and 4: 1 along the Eastern side.
Ms. Curran asked what materials would be used on the bottom of the
detention pond, and Mr. Banoit responded that gravel and cat tails would
be used and maintained annually.
Having no further questions, Mr. Moran opened the public hearing.
There being no comments, Mr. Crawley made a motion to close the public
hearing. Ms. Hogan seconded the motion. It was so voted. An Order of
Conditions will be issued at the next meeting.
I
Public Hearing — Swampscott Road
Mr. Moran read the notice of public hearing as it appeared in the Salem
i• Evening News.
71
1 At the October 22, 1987 meeting, a determination of applicability
j regarding the proposed construction of an industrial building on
Swampscott Road was given a positive determination.
i
The applicant has now filed a Notice of Intent which proposes the
construction of a new building in an area containing isolated land
subject to flooding. These areas would be partially filled to
accomodate the new structure.
The resulting changes in peak flows to downstream areas due to the
filling of isolated areas will be compensated for through the expansion
of an existing flood storage area downstream from the building site.
Mr. John Serafini, representing the petitioner, informed the Commission
that all the information required had not been compiled, and since the
21 day statutory review period will be exceeded, he requested that the
public hearing be continued until January 14th.
Upon the motion of Mr. Crawley and second of Mr. Harney, the public
hearing was continued until January 14, 1988.
Public Hearing — First Street and Traders Way
Mr. Moran read the notice of a public hearing as it appeared in the
Salem Evening News.
Page 6
• This proposal involves the culverting of an intermittent stream and
filling to accomodate the culvert.
The intermittent stream is 3-4" wide and 6" deep, and in the areas of
proposed fill, there is no bordering vegetated wetland.
The work is being completed as part of a pre-construction grading
program for a planned commercial building. The applicant is looking for
approval at this time so that construction can begin as soon as the area
is dry.
The intermittent stream receives run-off from an existing shopping
center and from adjacent areas of exposed bedrock. The existing 30"
drainage pipe will be extended 120' to handle existing peak flows.
Mr. Harney made a motion to continue the public hearing until January
14, 1988 and to visit the site on December 12, 1987 at 10:15. Mr.
Crawley seconded the motion. It was so voted. Mr. Serafini,
representing the petitioner, will submit a letter waiving the statutory
review period.
Discussion - 78A Webb Street
Over the past several months, the Commission has received complaints
from an abutter regarding the storage of waste at Shea Roofing. Mr.
• Moran of the Conservation Commission and Mr. LaPointe from the Fire
Department have visited the site and did not witness any violation. Mr.
Shea has invited the Commission to visit the site.
Ms. Hogan made a motion to conduct a site visit on December 12, 1987.
Mr. Crawley seconded the motion. It was so voted.
Discussion - Salem/Marblehead Land Acquisition
Ms. Rose Collins, Chairman of the Marblehead Conservation Commission,
has informed the Commission that $5 million in open space grants may
become available through the Commonwealth. As a result, she has
contacted the owners of 3 parcels totalling approximately 30 AC of land
(17 AC in Salem and 12 AC in Marblehead) adjacent to Forest River
regarding the purchase of their land for open space by Salem and
Marblehead.
Mr. Moran informed the Commission that the City Planner would obtain
three appraisals for the parcel, and that he would be working with the
town of Marblehead to acquire grant funds.
Ms. Curran informed the Commission that there may be funds available to
acquire the parcels on Swampscott and Marlborough Roads.
•
i
Page 7
• Old/New Business
Ms. Hogan, a member of the Golf Course Construction ADHOC Committee, had
been approached by Councillor Furfaro regarding the Commission's opinion
of the proposed golf course expansion. It was the consensus of the
Commision that since the plans are addressing wetland issues and have
been altered to include a detention pond and relocation of several
holes, the Commission is in favor of the plan.
Ms. Curran informed the Commission that Tinkers Island has been
designated by the Massachusetts Heritage and Endangered Species Program
as an area inhabited by endangered species. Under the new added eighth
interest development in "statelisted," areas will be limited.
Mr. Harney informed the Commission that Joseph Morphew plans to sell the
junk yard on Highland Avenue, and requested that the Cease and Desist
Order be recorded at the Registry of Deeds.
Approval of the minutes was deferred until January 14, 1988.
Mr. Moran noted that Mr. Paul Geoghegan has resigned from the
Commission, and therefore, there would be a vacanacy.
Upon the motion of Mr. Harney and second of Mr. Crawley, the meeting
adjourned at 10:00 p.m. It was so voted.
• Respectfully submitted,
Elizabeth Newton
Acting Clerk
BN/declO
•
1988
i,-F