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1988-CONSERVATION COMMISSION CONSERVATION COMMISSION MINUTES OF MEETING JANUARY 14, 1988 On January 14, 1988, 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 Crowley, John Doyle, Harry Takis, Student Intern, Darren Eng and Staff Advisor, Rebecca Curran. Mr. Moran called the meeting to order at 7:30 p.m. Salem State College - Continued Determination At the December 10, 1987 meeting, the Commission reviewed a request for determination filed by Salem State College for the proposed construction of a new residence facility consisting of eight four-story townhouse units on the South Campus. After the review of the proposal, the Commission decided a site visit was necessary and the inspection was made on December 12, 1987. Engineers representing Salem State College were present to submit a survey of the "ponding area" on the site that the Commission was concerned with in regards to the Wetlands Protection Act. A representative of 'Salem State College, has flagged the "ponding area" and has determined that it is clearly under k acre in size, therefore • the project is not applicable to the Wetland Protection Act. Mr. Moran asked where the run-off presently flows and the engineer responded that it flows over the curb into an existing catch basin in the parking lot and eventually to to the Forest River. Ms. Curran asked what the flow of drainage would be after the proposed construction and the engineer responded that an underground drain will be constructed that would lead to a ditch and eventually flow into the Forest River. As there were no further comments, Mr. Takis made a motion to close the Public Hearing. Mr. Doyle seconded the motion. It was so voted. Mr. Moran read a letter that was sent to the Commission from Councillor Mark E. Blair regarding the proposed construction at Salem State College. He is concerned with the drainage problems that may occur pertaining to the flow, or lack of flow, from the subject area into the Forest River Wetlands. He also expressed concern with the determination of applicability to the Wetlands Protection Act. There being no further discussion, Ms. Hogan made a motion for a Positive Determination on the Salem State College proposal due to the urban run-off that may have an impact on wetland areas. Mr. Takis seconded the motion and the Commission was unaminously in favor. • Seemore Street - Order of Conditions • Upon the motion of Fred Harney and second Harry Takis, the following Order of Conditions for Patrick DeIulis, 6 Seemore Street, was adopted. It was so voted. 1. Work shall conform to the above referenced plans 2. A drainage alteration permit must be submitted and approved by the City Engineer prior to commencement of work. 3. Prior to construction, an erosion and sedimentation control barrier shall be installed along the bank of the stream. These control barriers shall be established in accordance with "Erosion & Sedimentation Control Guidelines" Publication #13 529-39-1000-2-84-C.R. , dated August, 1983 and shall be improved by the Conservation Commission or its designated agent. 4. Notify Conservation Commission prior to commencement of work. New England Telephone - Public Hearing Mr. Moran read the notice of The New England Telephone Public Hearing from the Salem Evening News. Mr. John Davis, representing New England Telephone, discussed the proposed placement of two 4" armored submarine telephone conduits across Beverly Harbor from the City of Salem to the City of Beverly. • Mr. Paul McManus of Gulf of Maine Research, representing the applicant, informed the Commission that the process would involve the excavating of a 12" deep trench across the harbor. The trenching will be done by both hand tools and if necessary, in low sediment areas a hydraulic jet will be used. Mr. Takis expressed concern for the fish in that area, and Mr. McManus responded that it is not part of a fish run and that fish habitat is very poor in this area. Ms. Curran asked if the area contained soft shell clam beds and Mr. McManus responded that he inspected the area very carefully and found no sign of productive soft shell clam beds. Mr. Harney asked if any backfill material would be used in the process and Mr. McManus replied in the negative. Ms. Curran asked what the conduits consisted of and what would result if one was to explode. Mr. McManus responded that the conduit is made up of metal sheets surrounded in plastic and that it would be highly unusual for one to explode. Mr. Harney questioned the time involved and Mr. Doyle responded that the the process would take approximately 7 to 10 work days. There being no further discussion from the Commission or comments from the public, Mr. Doyle made a motion to close the Public Hearing and Mr. • Takis seconded the motion. It was so voted. Mr. Takis made a motion to issue an Order of Conditions referencing the report submitted by Gulf of Maine Research. Ms. Hogan second the motion and the Commission was unaminously in favor. Tri-City Sales - Order of Conditions Upon the motion of Mr. Crowley and second of Mr. Takis, the following Order of Conditions for David Cohen, owner of Tri-City Sales, were adopted. It was so voted. 1 . Work shall conform to above referenced plans. 2. Work shall conform to narrative submitted with Notice of Intent, entitled "Wetlands Report" dated 10/28/87 prepared by Gulf of Maine Research Center Inc. and "Drainage Analysis and Calculations," prepared by Sumner Schein Architects and Engineers. 3. Any changes in the plans shall require the applicant to file a new Notice of Intent, or to inquire of the Commission in writing whether the changes are substantial enough to require new filing. 4. Prior to connection to existing drainage structures all catch • basins shall be cleaned. 5. Maintenence of catch basins and culverts shall be the responsibility of the owner, his successors or assigns. 6. All unacceptable fill materials shall be removed from the site prior to commencement of work. 7. Proposed compensatory area shall be maintained in such a manner as to provide maximum flood storage capacity. 8. Conservation Commission members and/or their designated agent reserve the right to enter and inspect the site during the filling and construction procedures. 9. As built plans stamped by a registered professional Engineer, shall be submitted to the Commission prior to the issuance of a Certificate of Compliance. Traders [day and First Street - Continued Public Hearing At the December 10, 1987 meeting, a Public Hearing was held involving the proposal to culvert an intermittent stream and filling to accomodate the culvert. The hearing was continued until a site visit could be taken. an eterminedrt ae the79tteam Cll asl a s steepnbsa n t ands Hereef orennasa no bordering vegetated wetland. • There being no further discussion, Mr. Doyle made a motion to close the Public Hearing and Ms. Hogan seconded the motion. It was so voted. Mr. Doyle made a motion to issue the Fafard Companies an Order of Conditions that reference the submitted plans. Ms. Hogan second the motion and the Commission was unaminously in favor. Swampscott Road — Continued Public Hearing Mr. Ron Killian, representing the Fafard Companies, requested that the hearing be continued, for all applicable information could not be provided for tonights meeting. Fafard Phase III and Phase IV — Discussion Ms. Leslie Dale and Ron Killian of the Fafard Company were present to discuss the preliminary review of Phase III and Phase IV construction. The project is still under a DEQE superceeding order. The review was positive and Fafard requested that the Commission send a letter to DEQE stating that a preliminary review was made. Winter Island Pier • Upon the motion of Mr. Takis and second of Ms. Hogan, the following Order of Conditions were issued for the Winter Island Pier. 1 . Work shall conform to above referenced plans submitted with Notice of Intent. 2. Any proposal or executed changes in the plans approved under this order shall require the applicant to file a new Notice of Intent, or to inquire of the Commission in writing whether the change or the changes are substantial enough to require new filing. Any errors in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. 3. As built plans, stamped by a registered professional engineer, shall be submitted to the Commission prior to issuance of a Certificate of Compliance. Old/New Business Ms. Curran reported a possible violation of dumping fill into the harbor by Bill and Bob's on Bridge Street. Both Ms. Curran and Mr. Moran will take a site visit on Friday. Ms. Curran stated that the Bertinis may be donating to the Conservation Commission a parcel of land near Rosie's Pond. Ms. Curran will have more information at the next meeting. Ms. Curran discussed the possibility of establishing by—laws for the Commission, which will allow for better policy. Ms. Curran suggested that the Commission take a site visit to Small Wheels located on Highland Avenue. A Cease and Desist was previously issued and the owners will be attending the next meeting. Ms. Curran stated that work had been completed at Collins Cove and that a site visit should be taken for a Certificate of Compliance. Mr. Moran noted that duck hunters had been sighted in Salem Harbor, near Jeggle' s Island, where duck hunting, is strictly prohibited by a City Law. The State Fish and Game had issued these hunter a permit. Mr. Moran has been speaking with the City Solicitor about this matter. Mr. Moran noted that a Treasurer and an Acting Chairman will be appointed at the next meeting. Upon the motion of Mr. Crowley and the second of Mr. Doyle, the meeting adjourned at 9:30 p.m. It was so voted. Respectfully submitted, • Susan Cosman Clerk S/CCDM • CONSERVATION COMMISSION MINUTES OF MEETING • JANUARY 28, 1988 A regular meeting of the Conservation Commission met at One Salem Green, second floor conference room on Thursday, January 28, 1988. Present were Chairman, Philip Moran, Martha Hogan, Robert Crowley, Fred Harney, Student Intern, Darren Eng, and Staff Advisor, Rebecca Curran. Chairman Philip Moran called the meeting to order at 7:30 p.m. Determination of Applicability - Extra Space Storage Richard Tanner of Extra Space Storage was present to discuss the proposed construction of two 2-story 285' x 55' metal buildings, paved driveways, and a gravel parking lot at 441-445 Highland Avenue. In June of 1987 the Commission issued a Cease and Desist on the property, which is presently owned by Joseph Morphew, for the dumping of inappropriate materials within a wetland buffer zone. Extra Space is in the process of purchasing this site, from Mr. Morphew, for the proposed storage facility. Mr. Moran asked if Extra Space had previously constructed other storage facilities similar to the proposed. . Mr. Tanner responded that Extra Space, which is located at 55 Wheeler • Street in Cambridge, has constructed 7 other similar storage facilities in Massachusetts. Mr. Tanner presented pictures to the Commission of the area and a drawing of the proposed buildings. Mr. Harney asked if they would be excavating materials from the property and Mr. Tanner answered that they would be removing underground tanks and other innapropraite fill located on the site. There being no further discussion, Ms. Hogan made a motion for a positive determination. Mr. Crowley seconded the motion, and the Commission was unaminously in favor. Certificate of Compliance - Collins Cove On January 23, 1988, Ms. Hogan, Mr. Crowley, Mr. Harney and Mr. Eng went on a site inspection at the Collins Cove Condominiums to determine if McNeil and Associates conformed with the Order of Conditions issued on October 10, 1985. Ms. Hogan discussed a few unsatisfactory conditions, including the rip-rap wall, which does not extend as far as proposed, and innapropriate fill has been dumped in this area. Mr. Harney stated that the area needs to be cleaned and that there is an improperly placed drain pipe which is causing the walkway to erode. Mr. Moran stated that the Certificate of Compliance should be postponed , because no representative from McNeil and Associates were present. Ms. Curran will send a letter to McNeil and Associates describing the unsatisfactory conditions that the Commission does not feel complies with the Order of Conditions. Old/New Business At this time Chairman Philip Moran entertained nominations for a slate of officers. Mr. Harney made a motion to nominate the following slate: Mr. John Doyle for Acting Chairman and Mr. Fred Harney as Treasurer. Ms. Hogan seconded the motion and the Commission was unaminously in favor. Mr. Moran entertained a motion to direct the Secretary to cast a single ballot for the nomination of the above slate of officers. Mr. Harney made a motion and Ms. Hogan seconded the motion, all were in favor, motion so carried. Ms. Curran informed the Commission that she had been to Bill and Bob's on a site visit and saw no violation of dumping, Mr. Moran will be taking a site visit this week of the area. Ms. Curran stated that Mr. Ebershoff would Like to donate a 3 acre pond, located behind his property at Swampscott Road, to the Conservation Commission. There being no further business, Mr. Harney made a motion to approve the minutes of January 21 , 1988, and Mr. Crowley seconded the motion. It was so voted. Upon the motion of Mr. Crow Ley to adjourn the meeting and the second of Mr. Harney, it was so voted to adjourn the meetinting at 8:30 p.m. Respectfully submitted, Susan Cosman Secretary cccom CONSERVATION COM14ISSION MINUTES OF MEETING FEBRUARY 25, 1988 A regular meeting of the Conservation Commission met at One Salem Green, second floor conference room on Thursday, February 25, 1988. In attendance were: Chairman, Philip Moran, Harry Takis, Martha Hogan, Fred Harney, John Doyle, Bob Crowley, Student Intern, Darren Eng, and Staff Advisor, Rebecca Curran. Mr. Moran called the meeting to order at 7:30 p.m. Richs's Warehouse - Discussion Mr. Ron Killian of the Fafard Company was present to request that the Commission review their proposal to construct a 302,300 S.F. distribution warehouse and office complete with associated paved parking areas. Special Condition #11 of the Superseding Order of Conditions DEQE #64-92, for the "Highland Avenue" project, was issued to the Fafard Company on January 12, 1984. Mr. Killian informed the Commission that the proposed site for Rich's Warehouse has been relocated to the intersection of First Street and Trader' s Way, instead of the Salem Business Park. The two story building will contain a distribution center with 58 bays, and office space. Mr. Killian stated that proposed 20 acre site is not located in any resource area, and that 32% of the land will remain open space and landscaped. Mr. Larry Mahoney, of Rich's Department, presented the design and the production process of the warehouse. He 'informed the Commission that main activity will be on the shipping and receiving docks. Approximately 71 trucks a day will be traveling through the warehouse and a separate driveway has been designed for trucks only. The trucks will exit via Trader's Way, continuing on to Highland Avenue into Lynn. Mr. Mahoney stated that all statistics involved for Rich's are projected for full utilization in the year of 1994, in which an addition is proposed. Mr. Dave Westinghouse, a representative of the Fafard Company, presented the proposed drainage system, which will mainly run-off to an existing detention basin on Trader's Way. The storage basin is 3/8 of an acre and the pipe leading to it is 42 inches. Mr. Moran questioned the control of the flow for the basin and whether • the basin will be able to handle that flow. Mr. Westinghouse responded that the detention basin will contain a vertical perforated riser and that 72% of the site is impervious, so the basin is large enough. Mr. Moran asked if there would be any other proposed manholes on the • site, and Mr. Westinghouse responded that there would be 3 roof drains and 4 catch basins with sumps. Mr. Moran questioned about grease and oil traps located on the site, and Mr. Westinghouse responded that none were proposed. Mr. Harney stated that it appears there will be a problem with snow removal and storage due to lack of space. Mr. Killian pointed out the 2 proposed areas for storage located on opposite ends of the building. Mr. Harney expressed concern over the size of a second detention basin of unknown side on the south side of the project. He felt that this ' depression' may not be of adequate size for the amount of snow meet that could occur in that area. He was also concerned of the effects on that basin if the asphalt berm that is proposed to stop water from flowing into it was destroyed. Mr. Takis questioned whether salt would be used and Mr. Westinghouse responded in the negative, stating that they will use sand. Mr. Moran stated that it appears the natural depression for the detention will be creating a wetland, and the Commission will postpone a decision until DEQE can verify the laws on this situation. Mr. Westinghouse informed the Commission that the basin is 26 feet above the road and it designed so that it is dry at all times, except after rainfall. Mr. Eng questioned what will be located on the bottom of the basin and • Mr. Westinghouse responded that it would be barren earth. Mr. Moran stated that the Commission will speak with DEQE and will notify Mr. Killian of their decision. OLD/NEW BUSINESS Ms. Curran read a letter from the Fafard Company, they are requesting an extension on the public hearing for their site on Swampscott Road until the wetlands mapping of the Salem Business Park has been completed. Ms. Curran stated that DEQE has placed a Cease and Desist on the Fafard Company for the dumping of dredge materials on Highland Avenue. Ms. Curran informed the Commission that the McNeil Company never responded to the Commission's letter regarding the Collins Cove Condominiums. Ms. Curran took another site visit to Bill and Bob's and found no dumping in the area. Mr. Harney informed the Commission that they are placing a fence around a portion of a beach along the Forrest River. Ms. Curran will send them a letter informing them that they should file for a Determination. • Mr. Harney stated that there is a 6 f000t chain link fence being placed at the bridge on Lafayette Street. Ms. Curran will investigate and send . I them a letter informing them that they need to file a Notice of Intent. • Mr. Doyle made a motion to approve the minutes for the January 28, 1988 meeting and Mr. Crowley seconded the motion. The Commission was unaminously in favor. After there being no further business, Mr. Doyle made a motion to adjourn the meeting and Mr. Crowley seconded the motion. All were in favor and the meeting adjourned at 8:30 p.m. Respectfully submitted, Susan Cosman Secretary 52222 -• CONSERVATION COMMISSION MINUTES OF MEETING MARCH 24, 1988 A regular meeting of the Conservation Commission was held at One Salem Green, second floor conference room on Thursday, March 24, 1988. In attendance were: Chairman, Philip Moran, Harry Takis, Martha Hogan,Fred Harney, John Doyle, Bob Crowley, and Staff Advisor, Rebecca Curran. Mr. Moran called the meeting to order at 7:30 p.m. Bertini's - Public Hearing Mr. Earl Townsend, engineer for the project, was present to discuss the proposal to install an 18" storm drain pipe across Kimball Road which will discharge into an existing wetland area. The drain will be constructed of reinforced concrete and 100 feet of the drain will be located in a wetland buffer zone which is adjacent to a swamp known as 'Rosie's Pond'. There will be a headwall at the end of the drain pipe and a stone rip rap will be constructed to reduce the water velocity. Presently the water is draining in this area, but the proposal will now distribute it in a controlled fashion. There will be catch basins in the parking lot area that will discharge into the marsh. There are no wetlands on the construction site itself. The pipe is being placed through the buffer zone and does not encroach on the wetlands. The drain line will sit approximately 3 feet deep. Mr. Takis asked if any salt was used in the area, if so, a condition should stipulate that no salt be used in the parking lot. Mr. Crowley asked if the catch basins would have grease traps. Mr. Townsend answered in the affirmative. The Board questioned the elevation and slope of the pipe and which way it would be pitched. They also asked if any flooding of other properties would occur. Mr. Townsend replied that the pipe would be pitched down and flooding should not occur because this would be stabilized with retaining walls or vegetation. The difference in slope is a 30 foot differential. Mr. Crowley asked if haybales would be used during construction. Mr. Townsend replied in the affirmative. At this time, Mr. Moran asked if the audience has any questions. Mr. Leo Pelletier of 7% Adams Street questioned the location of the pipe in comparison to his property line. Mr. Townsend responded the pipe would be 150' feet from his house. Mr. Pelletier went on to state that he has has a problem with flooding in the area and was concerned whether this drain would cause more flooding onto his property. He also expressed his concern for the wetlands and the animals that live there and the potential danger of salt usage. Mrs. Claire Ellis Pelletier of 7% Adams Street asked whether any existing trees would be cut down and if the pipe would alter the existing path. • Mr. Townsend stated that only the trees necessary to put the drain line in would be cut, and if the path was disrupted during construction, it would be refurbished when the project was completed. , 1 ,• Mr. Doyle made a motion to close the public hearing. Mr. Crowley seconded the motion. All were in favor, public hearing stands closed. Mr. Moran asked for a consensus of the Board to issue an Order of Conditions. The Board felt in addition to the standard requirements the following stipulations be enacted: No salt be used; Maintenance of the catch basins be done twice a year; The slope should be 14:1 and be seeded and vegetated; Haybales shall be used during construction; The rip rap be constructed as proposed; All work should be done with minimum impact on present vegetation and trees; and the existing walking path be restored if it is disturbed during construction. Extra Space Storage - Public Hearing Let the record show Commissioner Harney withdrew from this proceeding. He will not take part in the discussion and vote regarding this matter. Steve Fausset, Construction Manager of the project, presented plans for two buildings to be used as self storage units. The buildings will be 2 stories, (20 foot in height). The perimeter of the land will be fenced with a control gate and security present. There will be a fire gate on Clarke Street for emergency access. The construction will consist of concrete floor with light gauge metal framing. It will take on the appearance of an office building and the grounds will be landscaped. The operating hours will be 7 a.m.-7p.m., six days a week. Mr. Fausset went on to state that an on-site resident manager would be present and no flammable or toxic substances can be stored in the building. The buildings will be climate controlled and heated with gas. Mr. Takis asked where the wetland area was located. Mr. Fausset replied the corner of the property was located in a buffer zone. Mr. Crowley asked Mr. Fausset to explain the current and proposed drainage system. Mr. Fausset replied there is stagnated water in a ditch that will be excavated and dryed out. A culvert 4-5 feet wide will be used to transport the water into the drainage ditch. Mr. Moran noted that 2 old gas tanks are located underground. He asked if the tanks have anything in them. Mr. Fausset replied that the tanks were pulled out yesterday, and they were partially filled with water. There was some soil discoloration in one section which is being investigated. • Mr. Moran asked if DEQE has inspected the site. -2- A . y :+ J • Mr. Fausset replied that the Fire Chief has inspected the site and did not know whether DEQE had, but the hole has been left open for further investigation. Mr. Moran asked who would remove the debris from the present junkyard site, and where would it be disposed. Mr. Fausset responded that Atlantic Waste in Lynn would be removing the tires on the site and perhaps ENPRO would be removing the other debris. He will inform the Board of this decision, and assured them that all debris would be removed properly and disposed of legally. Mr. Fausset explained that the drainage water would end up in the same place. The snow will be stored on a new gravel area near Clarke Street. At this time Mr. Moran asked if the audience had any questions. Mr. Rudolph Growitz of Z Clarke Avenue expressed his concern of water flooding his back yard. Mr. Fausset explained that all the water would be underground and a retaining wall would be constructed. Mr. Richard Tanner of Extra Space Associates informed the Board that several meetings with the Ward Councillor and abutting neighbors have been held to address all of their concerns. At this time, Mr. Doyle made a motion to close the public hearing. Mr. Takis seconded the motion. All were in favor, public hearing stands closed. The Board felt that along with the standard Order of Conditions the following conditions would be included: Inspection of the site when it is cleaned up by the Conservation Commission or their representative; Information be furnished to the Commission of how and when any debris or contaminated materials be removed from the site; and An Order of Conditions be furnished to the contractors working on the site. 31 Pierce Road - Determination of Applicability Mr. Steven Hensley appeared before the Board with a proposal to construct an addition to an existing lye story brick house house at 31 Pierce Road. The proposed addition is 154 sq. ft. which will be a 14 x 11 ft. new kitchen. Ms. Curran explained that the rear of his property line is in a buffer zone, but the proposed work is not. The site is relatively flat and she suggested that a negative determination be granted. Mr. Takis made a motion that a Negative Determination be given to the applicant. Ms. Hogan seconded the motion. All were in favor, motion so carried. • -3- • Old Business DeIulis - Mr. Moran asked if Mr. DeIulis had ever responded to a Cease and Desist order placed on his property on Mooney Road last fall. Ms. Curran stated that she had sent an order that the work be done immediately, then met with Mr. DeIulis and flagged the area to be returned to its natural state. A recent visit to the area indicated that no work had been done to correct the violation. Mr. Moran suggested a letter be sent stating that the Commission will file the Cease and Desist at the Registry of Deeds if no action is taken within a certain time limit. The Parlee St. subdivision was discussed and it was agreed that the owner should be notified that they must replace haybales. New Business Ms. Curran explained to the Board that a Cease and Desist Order had been placed on the land owned by the Fafard Companies on Swampscott Road, the Town of Swampscott, and Mr. Coursa land that have to be ratified. Mr. Takis made a motion to ratify all three Cease and Desist Orders. Mr. Crowley seconded the motion. All were in favor, motion so carried. Ms. Curran discussed the proposal of acquiring a piece of land owned by David Ebershoff which includes a pond and trails. The Assistant City Solicitor has begun the process. Ms. Curran informed the Board that a Cease & Desist Order has been placed on the Town of Swampscott for illegal storage of material within a wetland and wetland buffer zone. The Town of Swampscott filed a Notice of Intent on March 22, 1988 for the clean up and stabilization of the Salem and Swampscott land. They would like to conduct a joint public hearing. The Board decided to hold a joint public hearing in Salem on Tuesday, April 5, 1988. A site visit was also planned for Monday, April 4, 1988 at 6:00. Mr. Harney requested that a letter and Determination of Applicability be sent to Edna Panzini for the construction of a fence along the Forest River. Mr. Moran informed the Board that SESD had sent letters of apology to the Commission because they did not notify us of the Beverly water break. Mr. Moran read the letters to the Board. There being no further business, Mr. Takis made a motion to adjourn the meeting. Mr. Doyle seconded the motion. All were in favor, meeting stands adjourned. Respectfully submitted, 6214 Ellen Deky Clerk Acting Clerk M35 -4- SALEM CONSERVATION COMMISSION MINUTES OF MEETING • APRIL 5, 1988 The Swampscott and Salem Conservation Commission helda joint Public Hearing on April 5, 1988 at One Salem Green second floor conference room. In attendance from the Swampscott Conservation Commission were: Chairman Sarah Ingalls, Larry Picaullo, David Dilisio, Harold Keating, and David McCarthy. Fred Harney, Martha Hogan, Bob Crowley and Staff Advisor Rebecca Curran were present from the Salem Conservation Commission. Ms. Ingalls opened the Public Hearing at 7:30 p.m. A Cease and Desist was issued by the Salem Conservation Commission to the Town of Swampscott for the dumping of inappropriate and appropriate material in a wetland and wetland buffer zone located off Loring Ave/Essex Street on the Swampscott/Salem town line. Mr. Jim Sotiros, Engineer for the Town of Swampscott, was present to discuss the area. He informed the Commission that presently people have been dumping inappropriate material in the area. The Town of Swampscott proposes to clean the area and cap it with clean fill. The process will also involve building up and vegetating the slopes with grass and trees. Mr. Crowley questioned whether all inappropriate material will be removed before the sledging. Mr. Sotiros answered positively. • Mr. Harney questioned what will be used to hold the slope back and Mr. Sotiros answered boulders will be placed in the area. Mr. Sotiros stated that the Town proposes seeding the area and it would be preferable to do this before June 30th. Ms. Curran questioned the type of security that is used for the area and Mr. Sotiros stated that boulders and granite blocks will prevent the public from entering. He added that the main gate to the cemetary does remain open all night. Ms. Curran reccomended using a gate. There being no further questions, Mr. Picaullo made a motion to close the Public Hearing and Mr. Dilisio seconded the motion. The Commissions were unaminously in favor. The following Orders were adopted: 1 . Work shall conform with the plans that were submitted. 2. A gate will be placed on the right hand corner of the composting area. 3. The Salem Conservation Commisiion will be notified if and before any changes are made and before seeding occurs. 4. No excess water will be drained in the area. 5. Grading will be maintained. 6. All inappropriate material and trash shall be removed prior to seeding. The Orders will be typed by the Swampscott Commission and sent to the Salem Conservation Commission for final approval and signatures. The meeting adjourned at 8:00 p.m. Respectfully submitted, Susan Cosman Secretary S202 • • • CONSERVATION COMMISSION MINUTES OF MEETING APRIL 14, 1988 A regular meeting of the Conservation Commission was held at One Salem Green, second floor conference room, on April 14, 1988. In attendence were : Chairman, Philip Moran, Fred Harney, Bob Crowley, Martha Hogan, Harry Takis, John Doyle, and Staff Advisor, Rebecca Curran. Chairman Philip Moran called the meeting to order at 7:30 p.m. Public Hearing — 441 Lafayette Street Mr. Moran read the notice of the Public Hearing from the Salem Evening News , and read a letter from Councillor Mark Blair of Ward 7, who is concerned with the construction of Mr. Larry Green' s proposed project. Attorney Richard Stafford, representing Larry Green, was present to discuss the proposed float. The structure will consist of an aluminum ramp connected to an 8' x 10' deck to another 12' x 12' deck, that will run approximately parallel to Lafayette Street. Mr. Stafford added that construction will take place on site and that the float will be assembled off site and installed during low tide. The float will rest on the mud flats at low tide and will float at high tide. • Mr. Gus Falsey, an engineer representing Mr. Green, was present to discuss the structure and its location. He designed the plans for the float and positioned it so that the float could withstand the Northeast winds . Mr. Falsey added that the ramp will be 40 feet and the float will extend another 12 feet. The structure will not obstruct water activities due to an outcropping of rocks to the immediate right of the proposed float. Mr. Stafford stated that Mr. Green does have title to all this land in which he proposes to use for the decks and dock. Mr. Moran questioned the structural support of the dock and Mr. Falsey responded that they will be using anchors and chains to moor the dock. Ms. Hogan questioned vegetated life under the ramp and Mr. Falsey responded that the area is ledge, therefor there is no vegetation. Mr. Harney questioned whether any blasting would be needed, and Mr. Falsey answered in the negative. Mr. Moran asked if there were any people whom would like to speak in favor of the proposed dock, there being no one in favor, he opened the floor to any opposed citezens. • • Mr. Tim Noonan, of 4 Fairview Avenue, was present to represent the neighborhood surrounding Mr. Green's property. He stated that this area is the last shoreline harbor view in the area and to build the dock would deprive the public of that view. He added that he did not feel the location of the ramps and dock could withstand the Northeast winds. The neighbors fear that the structure would eventually be used as a retaining wall making future construction in this area possible. Mr. Gene Pelletier of Raymond Road spoke in opposition to the proposed dock. He questioned whether Mr. Green has title to all this property. There being no further comment from the public, Mr. Takis made a motion to close the Public Hearing and Mr. Doyle seconded the motion, the Commission was unaminously in favor. The Commission voted to make a decision on the Order of Conditions at the April 28th meeting after a site visit can be taken. The site visit will take place on Monday, April 18, 1988, at 7:00 p.m. , at which time, it will be low tide. Public Hearing - 25 Pierce Road Mr. Moran read the notice of the Public Hearing from The Salem Evening News. A letter was read stating Councillor Blair's opposition of the proposed construction of a single family home by Mr. Clayton Smith. • Attorney Martha Driscoll , representing the petitioner, stated that the proposal involves the construction of a 25' x 70' single family home, a 24' wide driveway and associated utilities, located.adjacent to the Forest River salt marsh which is owned by the Conservation Commission. Mr. Moran questioned the size of Parcel A, the existing lot, and Mr. Smith responded that it is 9,400 square feet and the new parcel will consist of 15,000 square feet, totaling 24,400 square feet . Mr. Moran informed the public that a site visit had been taken by the Commission on April 4, 1988. Mr. Moran questioned whether the area had been sub-divided and the petitioner, Clayton Smith, responded in the negative. Mr. Moran stated his concern over the proposed driveway that appears to run through the buffer zone. Mr. Moran asked the petitioner if he would object to moving the driveway so that it would go directly to the house and would not pass through the buffer zone. He also added that he would rather the driveway was 17 feet wide instead of the proposed 24 feet . Mr. Smith answered positively to both reccomendations . • Ms. Curran asked the petitioner if he would object to using gravel in place of the proposed bituminous , and Mr. Smith stated he would not object . Mr. Takis questioned whether the turn around would meet fire regulations and former Fire Chief Crowley stated that the Fire Department would be concerned with easy access more than turnaround area. Ms. Curran questioned the one hundred year flood elevation and Mr. Talzone answered that the elevation is 15.36 and the basement level .is 15.4. Mr. Moran opened the meeting to all in favor of the applicant 's proposed construction. There being no one in favor, Mr. Moran asked if any one would like to speak in opposition. Attorney Harvey Berg, representing, the Weitings, abuttesr to Mr. Smith, stated that the proposed roadway will be on a paper street and is located on city owned land. He stated his concern for wildlife and the preservation of the salt marsh. Mr. Berg stated that in 1983 an Order of Conditions was issued to the City for the installation of a sewer line along the paper street Pierce Road. The Order required the restoration of saltmarsh areas disrupted during construction. He added that in 1983 the City recognized that • this area was an abandoned road and not a street. Mr. Berg reccomended that a new plan be drawn with more detail of proposed construction. Paul McManus , of Gulf of Maine Research, also representing the Weitings, spoke in opposition to the destruction of the salt marshes. He stated that salt marshes form a base and are productivity areas for the fish. The proposed plans will cause incremental changes both biologically and ecologically to the area. Mr. Fred Sullivan of the Marblehead Conservation Commission spoke of the destruction of the wildlife area, he is particularly concerned with the birds . He stated that the map of the proposed plan was too vague, and the construction of the roadway will cause more pollution in this area. Mr. Hugh Mulligan of Gulf of Maine Research, stated his concern for the road being constructed in a buffer zone, near a coastal bank. He stated that the area should be flagged and an additional site visit taken. Mr. Mulligan concluded that storm flowage will be a problem if the driveway goes through the buffer zone. Mr. Bob Mackey of Buchanan Road questioned why the plans show a 24 foot wide road, and Mr. Moran responded that the Commission reccomended that change to 17 feet. . Mr. Gene Morrin of Leach Street spoke in opposition to the applicant 's proposed plan because of the destruction to the wildlife in that area. Ms. Karen Gallagher of 22 Cleveland Road questioned a remark that Councillor Blair wrote in his letter regarding a 1980 Board of Appeals Order of Conditions. Mr. Moran responded that this is a concern with • the Board of Appeal , and not the Conservation Commission. Mr. Randall weiting asked the Commission if they could come to a decision regarding the paper street Pierce Road. Ms. Georgette Stafford of Buchanan Road stated her opposition to the construction on Pierce Road. Attorney Driscoll stated that her client is looking for the approval of a driveway and not a street. Mr. Moran stated that the Commission will need a more clearly defined map, which should include placement of driveway and the buffer zone and marshes clearly outlined. Mr. Dave Talzone suggested that the concerned neighbors hire an independent party to flag the wetlands, for Mr. Smith has already flagged and mapped the wetlands on the submitted plans . Attorney Driscoll suggested that the Commission accept the submitted plan, and the applicant will follow all reccomendations made by the Commission. Mr. Moran stated that the Commission agrees that Pierce Road does not • exist now, therefore it is the Commission's opinion that the road cannot be extended without doing serious harm. Mr. Moran added added that Mr. Smith must submit another plan defining the wetlands and showing the new placement of the driveway. Mr. Takis made a motion to continue the Public Hearing until April 28, 1988, Ms. Hogan seconded the motion and all in favor, the motion so carried. Public Hearing — Salem State College Mr. Moran read the letter from Councillor Blair, whom is concerned with the proposed construction of a new residence facility on the Salem State College South Campus . Mr. Michael, Niece an architect for Salem State College, discussed the proposed construction of eight resident builidngs with associated landscaping and parking. He stated that the two areas within the buffer zone are a sewer line and extension of an existing parking area. Proper drainage and an erosion control fence will be used during all construction. Mr. Neice further added that a hydraulic analysis of the area has been completed by the college. Run—off will hold 722 CFS for a 100 year storm, and the dorms and parking area maximumum CFS will be 6 for a 100 year storm. Mr. Neice informed the Commission that gas and oil traps will be used in all catch basins and that he does not feel any flooding will occur to adjacent abutters . Mr. Moran questioned the architect on the two areas of ponding that the Commission was previously concerned with, and Mr. Neice responded that the water ponded there only because the parking lot had not been completed by the contractor. Mr. Moran questioned the drainage in the buffer zone and Mr. Neice responded that a headwall ,at elevation 12 will be installed and follow to a 3 x 3 foot basin. Ms Curran asked if rip-rap will be used, and Mr. Neice responded affirmatively. Mr. Harney asked why an entrance through Harrison Road was not being used, and Mr. Fred Todd of Salem State College answered that there were too many houses in that area and sewer lines could not run through that area. Mr. Moran asked the time frame on the proposed construction and Mr. Todd replied that the project has gone out for bid and construction is expected for this summer. Mr. Moran questioned the amount of additional parking spaces that will be constructed in the buffer zone, and Mr. Todd responded that 40 additional spaces will be added. • Mr. Moran asked if the college was required to come before any other City board, and Mr. Marrs of Salem State College responded in the negative. Mr. Moran asked how many students will be residing in the eight buildings and Mr. Marrs responded that 354 students will reside there and the parking will hold 122 new spaces. Mr. Neice added that the water flow problem on Harrison Road will improve due to the project and improved drainage. Mr. Moran opened the meeting to the public. Mr. Sullivan, a concerned neighbor, stated that they are concerned with the excess quantity of water that will result and not the quality of that water. Mr. Neice responded that the excess is not a significant amount. Mr. Gene Morin of Leach Street questioned the run-off plans and asked how the college could account for the flow in the Swampscott Road area. Mr. Neice responded that water flow determined is an estimate. Mr. Morrin added that he feels run-off will back up and and result in disturbing wildlife in that area. Councillor Blair asked the how close the new parking lot will be to the . surrounding neighbors and Mr. Neice responded that it will be 30 feet. at the closest point . Mr. Blair inquired if the lot would be on a decline and Mr. Neice responded positively and added that a retaining wall with reinforced concrete will be used. Mr. Bob St. Pierre of McKinley Road asked if any blasting will be done, and if so what protection do the nieghbors have if destruction occurs at their homes because of it. Mr. Neice responded that no blasting is planned, but it is. a possibility. He further added that there are sstate regulation for blasting which would have to be followed. This process includes insurance and a survey of the surrounding homes before blasting can occur. Mr. Bob Mackey of Buchanan Road questioned the final run-off destination and Mr. Neice pointed to the three area that water will exit and stated that it will empty into the river. Mr. Mackey asked what will occur when the tidal gates are closed, and further added that it is his opinion that this event will cause flooding to the surrounding homes. Mr. Paul -LaVoie of 1 Hazel Road questioned Mr. Neice regarding the catch basib hoods and their function. Mr. Neice responded that it is used as a separator to catch the oil and gas and stated that it will be emptied twice a year. There being no further discussion, Mr. Doyle made a motion to close the • Public Hearing, Mr. Crowley seconded the motion, and the Commission was unaminously in favor. Mr. Moran stated that the Commission will take a site visit on Saturday, April 23 to the proposed site, at whcih time the college will have the buffer zone clearly flagged. Informal Discussion - Salem - Beverly Bridge Commissioner DiGeronimo and associates were present to informally discuss the status on the cestruction of the March Street Bridge, which is included in the Salem - Beverly Bridge Project . Commissioner DiGeronimo stated that no construction will be allowed until all the proper permits are acquired. She further added that they are excused from Ch. 131 Section 40 of the W.P.A. and do not need consent of this Commission, but will continue to keep the Commission informed on the status of the project on a regular basis. Mr. Rich Hargon discussed the rebuilding of the March Street Bridge, which they are planning to begin soon. They will be relocating existing water line and replacing gas pipe and installing drainage. lie further added that a detour road is needed during time of construction. Mr. Doyle questioned the drainage on the March Street road area, and Mr. Frank Burch responded that the plan includes controlled drainage, sidewalks and raising the elevation of the area. • Mr. Harney asked who is responsible for maintaining the area and Commissioner DiGeronimo replied that it is a state highway and therefore will be mainatianed by the state. 1 • Ms. Curran questioned the proposed time frame of the project and Commissioner DiCeronimo answered that they will be advertising in late summer/early fall. Commissioner Digeronimo concluded that the design of the bridge is presently 75% completed and wetlands will be protected at all costs. Old/New Business Ms. Curran informed the Commision that dumping of dredge material has been occuring at 63 Memorial Drive, and a Cease and Desist will be issued to the owner. Ms. Curran further added that the Cease and Desist issued to Mr. Corsa of Swampscott Road in March of 1988 has not been responded to and she will attempt to get assistance from DEQE. Ms. Curran stated that Patrick DeIulis has informed the Commission that he plans to commence work this week as request in his Order of Conditions. Ms. Curran stated that Mr. DeIulis , property on Mooney Road was never resored to its original condition after a wetland was illegally filled last fall. Mr. Moran suggested that Mr. DeIulis be invited to the Commissions next meeting. • Mr. Crowley made a motion to approve the minutes of the previous meeting, Mr. Doyle seconded the motion, all were in favor, the minutes were approved. Mr. Crowley made a motion to adjourn the meeting and Mr. Doyle seconded the motion. The Commssion was uanminously in favor, the meeting adjourned at 10:00 p.m. Respectfully submitted Susan M. Cosman 5210 %oN Cp1J Z Conservatim Commissim Salem. Massachusetts 01970 ASS nCN� CONSERVATION COMMISSION MINUTES OF MEETING APRIL 28, 1988 A regular meeting of the Salem Conservation Commission was held on April 28, 1988 at One Salem Green, second floor conference room. In attendance were: Chairman, Philip Moran, Fred Harney, Martha Hogan, Bob Crowley, Student Intern, Darren Eng, and Staff Advisor, Rebecca Curran. Mr. Moran called the meeting to order at 7 :30 p.m. 441 Lafayette Street - Decision A Public Hearing ,was held on April 14, 1988 for Mr. Larry Green' s proposed construction of a dock, which will run parallel to Lafayette Street. The Public Hearing was closed and a decision was to be made after a site visit which took place on April 18, 1988. Mr. Moran read a letter from Ward Seven Councillor Blair, questioning if the applicant is required to have his plans certified by an engineer. Mr. Moran reponded, that it is his opinion, that the plans do not need to be certified. • The general conditions along with the following Special Order of Conditions were adopted: 1 . All work is to conform with submitted plans. 2. All work is to take place on Landward side. 3. No filling is to be performed to accomodate this project. Mr. Crowley made ,a motion to adopt the Order of Conditions, Ms. Hogan seconded the motion, and the Commission was unaminously in favor. 25 Pierce Road - Continued Public Hearin This Public Hearing was continued from the April 14th meeting because the applicant was requested to submit new plans, with a change in the driveway' s position and size and with the buffer zone more clearly outlined. Ms. Curran stated that she had spoke with the Salem Fire Chief, who informed her that the required width of the driveway for fire access 20' . Mr. Moran questioned the portion of the house that will be in the buffer zone and Mr. Talzone, an engineer for Mr. Smith stated that it was 20' into the buffer. Mr. Moran further questioned the distance from the • applicant' s abutter, Mr. Dumas. Mr. Talzone replied that it was 30' which is the minimum required set back for an R1 zone. Mr. Moran stated that the Commission must protect the salt marsh for it is a significant area for wildlife and productivity. Ms. Driscoll, attorney for the applicant, stated that the run-off from the proposed construction will be minimal, therefore will not harm the salt marshes. • Mr. Smith added that he would be willing to use gutters and run the water into a dry well in order to prevent excess drainage into the salt marshes. Mr. Harney questioned why the driveway still is not positioned completely on the applicant' s property. Mr. Smith responded that he is willing to change the position so that it will be located on his land. He thought the positioning presented tonight was what the Commission had asked for. Mr. Moran opened the meeting to all in favor of the applicant' s proposed construction. There being no one in favor, Mr. Moran asked if any one would like to speak in opposition. Mr. Bob Mackey of Buchanan Road questioned the hard top that will be used for the driveway, and he felt the run—off will drain into grass area to the left of the lampost. Mr. Moran replied that Mr. Smith has , agreed to use lynnpac, which is a pervious material. Dr. Hugh Mulligan of Gulf of Maine Research stated that the Commission should be cautious of activities in that buffer zone and further added that the Wetlands Protection Act requires the Commission to protect resource areas such as this. • Mr. Randall Weiting of 14 Buchanan Road submitted pictures to the Commission of Mr. Smith's property and stated that the applicant has never planted anything other than grass to enhance his property. Mr. Moran responded that this was not a Conservation Commission issue. Ms. Georgette Stafford of 12 Buchanan Road questioned the Commission regarding the extended driveway and further asked if the Commission had any plans of purchasing land around this area and also asked if it is true that the Wetland Protection Act is increasing the buffer zone to two hundred feet. Mr. Gene Morin of Leach Street stated that it is his opinion that the proposed construction of a house will have a negative impact on the wetlands, specifically, the wildlife. Mr. Bob Mackey asked if this project is approved, will this allow other developers to build in the area. Mr. Moran replied that any one that owns property has the right to build, if approved by the Boards and that each case is reviewed separately. Ms. Carey Fladger of Cleveland Road Extension stated her concern for the children of the area. Ms. Loretta Weiting of 14 Buchanan Road stated that she felt the plans were poorly presented and that the marsh area has still not clearly been . defined. • Upon the motion of Mr. Harney and the second of Ms. Hogan the Commssion voted to continue the Public Hearing until May 12th, in order that another site visit can be taken. The Commission requested of the applicant that a new map be submitted with clearly defined wetlands. For the site visit, the top of the bank should be flagged and the buffer zone, driveway and house should be staked out. The Commission further reqested of Ms. Driscoll to document a legal opinion as to any adverse effect on salt marshes due to the proposed construction. The Commission will be taking a site visit on May 5, 1988 at 7:00 p.m. Salem State College - Decision A site visit was taken on April 30, 1988 at the proposed construction of townhouses and parking at Salem State College South Campus. The Commission determined that most of the parking lot is located in the buffer zone and many individual lots will be positioned as close as 25 feet from the wetlands. Ms. Hogan stated her concern that it will cut off access and parking for the Conservation Trail. Mr. Crowley added that he strongly disagrees to the parking located in a buffer zone. Ms. Hogan made a motion to deny the application of Salem State College and Mr. Crowley seconded the motion. The Commission was unaminously in favor. • Clark Avenue Extension - Public Hearing Mr. David Colpitts was present to discuss the proposal which involves the extension of Clark Avenue approximately 420' to provide vehicular access and utilities to four single family house lots. A portion of the road, 2,725 square feet, is proposed to be constructed within a wetland buffer zone. Mr. Don Kent of Gulf of Maine Research was present to discuss the proposed plan of extending the roadway and sidewalk 420 feet, which is presently a paper road. The area consists of delineated wetlands, an intermittent stream with bordering vegetated wetlands and is needed for a sewer system. Mr. Kent further added that no work is proposed in the buffer zone and hay.will be used for protection. Ms. Curran questioned if granite curbing will be used and Mr. Colpitts responded in the affirmative because the house lots will be close to the sewer system. Mr. Harney made a motion to continue th Public Hearing until a site visit can be taken, Mr. Crowley seconded the motion and the Commission was unaminously in favor. • A site visit will be taken on May 5, 1988 at 6:30 p.m. • Palmer Cove Yacht Club - Public Hearing Mr. Bob Levesque was present to discuss the proposal of an extension to the marina which will include 32 slips accomodation oak pilings . He further added that they have already received a permit from the Corp. of Engineers and DEQE. Ms. Curran asked if the marina and club is rented space and Mr. Leveque answered in the positive, stating that they rent the property through the City. Mr. Harney questioned the life span of oak pilings and Mr. Levesque responded that they last long mainly because they are capped with plastic to protect them from the sun. Mr. Crowley questioned the depth of water in the new area and Mr. Leveque responded that it is eight feet at low tide. Mr. Moran questioned if the Harbor Master and the Waterways Advisory Board had been informed and further asked when they would start driving the pilings. Mr. Levesque responded that the two have not been formally informed and that the floats still need to be ordered and they expect to begin this summer. After there being no further discussion, Mr. Moran opened the meeting to all in favor of the applicant's proposal. • The following Officers of the Palmer Cove Yacht Club were in favor: Clifford Pooler Phil Pecukonis Paul Rafferty Vaughn Dariase Mr. Crowely made a motion to close the Public Hearing, Ms. Hogan seconded the motion, the Public Hearing was closed. Mr. Crowley made a motion to approve the proposed expansion and issue an Order of Conditions at the next meeting. Ms. Hogan seconded the motion and the Commission was unaminously in favor. Old/New Business Mr. Moran informed the Commission that he received a letter from the Mayor's Aide, Mr. Toomey, regarding the dumping on Memorial Road. Mr. Moran continued that the Commission was aware of this violation and had previously issued a Cease and Desist to the owner of the property, Mr. Cardella. Mr. Moran received another letter from Mr. Toomey regarding the dumping on Parlee Street. The Commission was aware of this and Ms. Curran will take a site visit tommorrow to check on the status. • Ms. Curran informed the Commission that she had issued a Cease and Desist to Mr. Corso, owner of Sweeney's Auto Body Shop on Swampscott Road. Mr. Corso has not responded and continues dumping fill in the area after receiving the Order. Ms. Curran has notified DEQE and requested that they implement enforcement on this issue. Ms. Curran informed the Commission that she had spoken with Mr. DeIulis and he stated that he felt he had conformed with the Commissions Order of Conditions. Ms. Curran willmeet with Mr. DeIulis at the site this week. Ms. Curran stated that the Fafard Property on Highland Avenue, had been issued a Cease and Desist by the Commission. DEQE was informed of this and since that time issued the Fafard Company a Cease and Desist and have' fined them for the violation. Ms. Curran will send Mr. Toomey a letter regarding the status on these violations. Mr. Crowley made a motion to approve the minutes of the April 14, 1988 meeting and Ms. Hogan seconded the motion, all were in favor, motion so carried. Mr. Crowley made a motion to adjourn the meeting, Ms. Hogan seconded the motion and the Commission was unaminously in favor. The meeting • adjourned at 9:00 p.m. Respectfully submitted, � Susan M. Cosman 5216 • CONSERVATION COMMISSION MINUTES OF MEETING MAY 12, 1988 • A regular meeting of the Conservation Commission was held on May 12, 1988 at One Salem Green, second floor conference room. In attendance were Chairman Philip Moran, Martha Hogan, Harry Takis, Bob Crowley, John Doyle, Fred Harney, Student Intern Darren Eng, and Staff Advisor, Rebecca Curran. Mr. Moran called the meeting to order at 7:30 p.m. Public Hearing — D.P.W. Maintenance — Highland Avenue Mr. George Whittie, the City Engineer, was present to discuss the proposed removal of debris and limbs from a stream bed on Highland Avenue, across from Swampscott Road. Mr. Whittie had been contacted by the neighbors, who are concerned about the mosquito and muskrat problem due to the debris blocking the water flow. Mr. Moran questioned if dredging would be needed and if any existing growth would be removed. Mr. Whittie responded in the negative. Mr. Moran further questioned if the area is Conservation land and Mr. Whittie responded in the affirmative. • Mr. Gene Morin of Leach Street questioned if this stream flows into the Forest River. Mr. Whittie responded in the affirmative and stated that it will not increase the water level. Mr. Moran added that once the culvert is replaced by the State DPW the water flow will resume as it was before the culvert had been crushed. There being no further discussion, Mr. Takis made a motion to close the Public Hearing. Mr. Crowley seconded the motion and the Commission was unanimously in favor. Mr. Takis made a motion to grant the Department of Public Works request and to issue an Order of Conditions at the next meeting. Mr. Doyle seconded the motion and all were in favor. Continued Public Hearing — Pierce Road A site visit on. Pierce Road was taken by the Commission on May 7, 1988. At which time the applicant, Mr. Smith, had flagged the buffer zone and staked out the house and driveway, as the Commission had requested. Attorney Martha Driscoll submitted the revised plan, which includes changing the position of the driveway and the house. A small portion of the proposed driveway still remains in the buffer zone. Ms. Driscoll further added that the driveway will be constructed of lynnpac and therefore will remain a pervious surface. • Ms. Driscoll submitted a report from The Lelito Environmental Consultants and a report from herself. Both wetland impact reports determined no adverse affect. • Ms. Curran questioned if the revised plan displays what had been staked out on the site visit. Ms. Driscoll answered in the affirmative. Mr. Moran opened the meeting to the public. Attorney Harvey Berg, representing the Weitings, who are abutters in opposition to the proposed plans. He stated that the acceptance of this proposal will result in other homes constructed in the area, which will eventually result in the encroachment of the wetland area. He further requested that the Commission take note of the beauty of this area and preserve it. Mr. Bob Mackey of Buchanan Road stated to the Commission that he is opposed to the applicant' s proposal. An abutter to Mr. Smith asked if the lamposts and installation went through the Conservation Commission can be moved from the buffer zone. Mr. Smith answered that he would move them if the Commission requested. The abutter also requested that the Commission order the applicant not to cut the grass in that area. Mr. Bob Mackey of Buchanan Road asked the Comission who owns the land to the right of the property. Mr. Moran responded that the City of Salem owns that land. • There being no futher comment from the public, Mr. Doyle made a motion to close the Public Hearing. Mr. Crowley seconded the motion and the Commission was unanimously in favor Mr. Takis suggested that the Commission turn the proposal over to DEQE, and Mr. Moran responded that if that happens, then the Commission will lose control. Mr. Takis and Mr. Doyle both stated their opposition to the proposal because of the encroachment on the wetland. Mr. Crowley stated that he is not opposed to the plans, but would be opposed to any further construction in the area. Mr. Harney and Ms. Hogan stated that they are opposed becuase of the encroachment in the buffer during construction. Mr. Takis made a motion to deny Mr. Smith' s proposed construction of a house on Pierce Road and Mr. Doyle seconded the motion. The Commission denied the application 5-1 . Continued Public Hearing - Clark Avenue Mr. Don Kent, an architect representing Mr. David Colpitts, was present to discuss the proposed extension of Clark Avenue for the purpose of • accessing 4 new house lots. Mr. Kent stated that there will be no impact to the wetlands, and hay bales and a fence will be used during construction to protect the wetlands. • Mr. Takis questioned if salt would be used on the extension and Mr. Kent responded that they will not be using it, but eventually the City will most likely salt the street. Mr. Moran asked the size of each lot and Mr. Kent responded that each lot consists of 15,000 square feet. Mr. Takis questioned if the proposal involves single family dwellings and Mr. Kent answered in the affirmative. Mr. Moran asked if there would be curbing around the cul-de-sac and Mr. Kent responded that the Planning Board ordered that a granite curb be placed around the cul-de-sac. Mr. Moran opened the meeting to the public. Mr. Nick Fiore, of Clark Avenue, spoke in favor of the proposed development and stated that it would enhance the value of the surrounding property. Mr. LeBlanc, of Clark Street, spoke in opposition of the proposed construction because of the effect on the wildlife in that area. Mr. Kent stated that there will be no filling in the wetland, therefor it will have no impact on the wildlife. • There being no further discussion, Mr. Doyle made a motion to close the Public Hearing, Ms. Hogan seconded the motion and the Commission was unanimously in favor. Mr. Takis stated his opposition to the proposed construction because of the infringement to the wetland. Mr. Doyle made a motion to grant the applicants proposal and to issue an Order of Conditions at the next meeting and Ms. Hogan seconded the motion. The Commission approved the proposal 5-1 . Violations A Cease and Desist was issued to Mr. Nick Fiore for dumping in a wetland area on Wyman Avenue. Mr. Fiore stated that he was not aware that the area was a wetland and further added that it was his neighbor, Mr. Malone that dumped fill in the area. The Commission decided to take a site visit with Mr. Malone and Mr. Fiore on Monday, May 16, at 6:30 p.m. A Cease and Desist had been issued to Mr. Frederick Cardella at 63 Memorial Drive for the dumping of fill in a wetland area. • • Mr. Cardella was present to inform the Commission that he filled in the area to level off his property and plans to plant grass there. Mr. Moran stated to Mr. Cardella that he is violating the Wetlands Protection Act by dumping fill in a salt marsh. Ms. Lori Driscoll of 61 Memorial Drive stated her opposition to the dumping by Mr. Cardella. A site visit will be taken on Monday, May 16, at 7:15 p.m. Discussion - Dedication of Land on Swampscott Road Ms. Curran informed the Commission that the land on Swampscott Road had been donated to the Conservation Commission by Mr. Ebbershoff. She stated that she had spoke to the City Solicitor, Lenny Femino, and he informed her that the Commission needs to send a letter to City Council requesting approval. Once the donation has been approved, the deed of ownership can be transfered. Mr. Takis made a motion to proceed with a request to Council, Mr. Doyle seconded the motion, and the Commission was unanimously in favor. Order of Conditions - Palmer Cove Yacht Club Upon the motion of Mr. Takis and the second of Ms. Hogan, the following • conditions will be included in the Order of Conditions issued to the Palmer Cove Yacht Club: I. All work is to conform with submitted plans. 2. The pilings are not to be chemically treated. 3. Any changes in plans shall be submitted to the Conservation Commission prior to any action. Marblehead/Salem Land Acquisition A joint effort with the Marblehead Conservation Commission in attempting to purchase the remaining land along the Forest River Estuary. The land area encompasses approximately thirty acres - 60% in Salem and 40% is in Marblehead. The two comprehensive appraisals have just been completed and indicate that the cost of the total purchase would be approximately $6,000,000. Ms. Curran informed the Commission that the Town of Marblehead recently voted a bond to purchase contingent upon a 2� overide at the June 13th town meeting. Ms. Curran further added that Gerard Kavanaugh, the City Planner is reviewing the appraisal of the area. Ms Curran stressed the importance of the Commission's support of the land acquisition. • Mr. Moran stated that the Commission will need to lobby with the City Council, for it is a large sum of money. He further stated that Councillor Mark Blair is in favor of the land acquisition. • Old/New Business Mr. Moran informed the Commission that Attorney John Vallis was voted by City Council 10-1 to be a regular member of the Conservation Commission. Mr. Takis stated that a letter should be written to the Board of Appeals conveying our disapproval that a variance was issued to Mr. Colpitts of Clark Avenue before an approval of the Conservation Commission was granted. Mr. Moran informed the Commission that DEQE is now involved at Mr. Ferris's property on Franklin Street, who continues leave cars in a wetland area. Ms. Curran stated that she could not find the dumping in a wetland at Rosie's Pond. Councillor Blair informed of the area and stated that there are carts, tires, and junk dumped here. Ms. Curran will take another site visit this week. Mr. Harney stated that Mr. Corso's property on Swampscott Road continues to have trucks dump demolition material in the area although a Cease and Desist had been issued. Mr. Moran informed the Commission that DEQE had been notified and Mr. Corso could be fined up to $25,000. Mr. Moran futher stated that he has notified the City Solicitor, Mike O'Brien, who is currenty writing a • legal complaint to Mr. Corso. Mr. Harney questioned the cars dumped on the land owned by Exta Space on Highland Avenue. Ms Curran responded that they plan on having the cars removed from the area. Ms. Hogan questioned if the the entrance ,to the Nature Trail will be cleaned before the holiday weekend. Ms. Curran responded that the prisoners will be cleaning the area on Tuesday. Ms. Curran informed the Commission that Salem State College needs a letter explaining the reasons for denial of the application. The following reasons were voted by the Commission: 1. The parking lot was located in the buffer zone. 2. The access route to the townhouses was located in Conservation land. 3. Access for the construction vehicles would encroach upon the wetlands. The following reasons were voted upon as a result of the Pierce Road denial by the Commission: 1. The driveway was located in the buffer zone. 2. Construction would require massive encroachment in the buffer zone. • Mr. Moran amended two items on the April 28th minutes of the meeting, that were not clearly written. Mr. Takis made a motion to approve the minutes with the above amendments and Mr. Doyle seconded the motion. The Commission were all in favor. There being no further business, Mr. Doyle mad a motion to adjourn the meetin, Mr. Takis seconded the motion and the Commission was unanimously in favor. The meeting adjourned at 9:30 p.m. Respectfully submitted Susan M. Cosman 5218 • I� CONSERVATION COMMISSION MINUTES OF MEETING (AS AMENDED) • MAY 26, 1988 A regular meeting of the Salem Conservation Commission was held on May 26, 1988 at One Salem Green, second floor conference room. In attendance were Chairman Philip Moran, Fred Harney, Harry Takis, Martha Hogan, Bob Crowley, John Vallis , John Doyle, and Staff Advisor Rebecca Curran. The meeting was called to order at 7:35 p.m. Old/New Business Mr. Peter Tracy of 273 Sunset Road was present to discuss the proposed construction of a dormer to his present residence. He submitted the plans to the members and needs the Commission's approval before a building permit can be issued. Mr. Tracy stated that he plans to extend the first floor wall and the addition to the second floor will include a bedroom and bathroom. He further added that the dormer will face the East side near Forest River. Mr. Takis questioned if the proposed dormer will be within the buffer zone. Ms. Curran responded that she has taken a site visit and that the change to the second floor is within 100 feet, but the foundation will not be changing. • Mr. Takis made a motion for a negative determination, Ms. Hogan seconded the motion and the Commission was unanimously in favor. Discussion — Salem Shoe Factory Mr. Gus Sherry, an engineer for Hancock Survey, was present to discuss the proposed demolition of The Salem Shoe Factory and the construction of condominiums. Mr. Sherry stated that they will be requesting a determination of applicability from the Commission because the proposed construction is within 100 feet of a coastal bank, which is East of the North River. Mr. Takis asked how far the proposed condominium development will be from the buffer zone, and Mr. Sherry responded that it will be appoximately 50 to 60 feet within the buffer. Mr. Sherry stated that the buffer zone protects the coastal bank and that construction will not disturb the resource area that is located on the opposite side of the tracks. Ms . Curran asked if the by—pass will result in the removal of the railroad tracks and Mr. Sherry responded in the affirmative, and added that it will not effect the condominium development . • Mr. Moran stated that the applicant will need to file a Notice of Intent because the construction will be within the buffer zone. • Ms. Curran stated that they can apply for the Notice by May 31 , and will be on the Conservation Commission's agenda for May 9, 1988. Old/New Business Mr. and Mrs. Weiting of Pierce Road were present to discuss the maintanence of there existing garden which is located within the a resource area. A complaint was made by an abutter of the Weitings. Mr. Moran stated that the Commission will have to determine if the garden has an adverse effect on the salt marsh. Mr. Moran suggested the Weitings hire Mr. Don Kent of the Gulf of Maine Research because he is familiar with the area. Ms. Curran informed the Commission that a letter was sent to Mr. Cardella of 63 Memorial Drive requesting that he file plans for his property to remove the material that was dumped in a wetland. Ms. Curran further added that he agreed to use hay bails for protection until the area can be cleaned. Mr. Moran stated that fly ash was found near Collins Cove when taking a site visit to Memorial Drive. The fly ash had been dumped there years ago by the Power Company and has caused serious erosion to the area. • Ms. Curran stated that she is trying to contact the State to investigate the possibility of receiving funds for the construction of a retaining wall . Mr. Harney informed the Commission that the D.P.W is presently cleaning the stream near Mr. Fiore's property on Highland Avenue to allow the flow of water from the culvert to the basin. Mr. Moran stated that the Commission is requesting that Mr. Fiore file a plan to stop the dumping in a wetland and he will be returning to submit the plans to the Commission. Ms. Curran stated that she is investigating the possibility of receiving funds for the joint land acquisition of the Forest River area. She was informed that Urban Self Help Grant funds may be awarded to the City. She further added that she is applying for these funds and Marblehead is applying for a Coastal Facilities Grant. Ms. Curran informed the Commission that Land Acquisition is going to the City Council on June 9, 1988. Ms. Curran stated that both Mr. Clayton Smith of Pierce Road and Salem State College are appealing the Commission's denial to D.E.Q.E. Ms. Curran stated that she is presently collecting the by—laws of surrounding towns for the purpose of implementing by—laws for the Salem • Conservation Commission. Mr. Harney informed the Commission that there is a broken pipe on Mooney • Road and that the culverts in the area need to be cleaned. Ms . Curran informed the members that she will be leaving the Planning Department and will no longer be the Staff Advisor for the Conservation Commission. She introduced Ms. Beth Debski of the Planning Department who will be taking her place. There being no further business, Mr. Doyle made a motion to .adjourn the meeting and Mr. Takis seconded the motion. The Commission was unanimously in favor and the meeting adjourned at 8:30 p.m. Respectfully submitted, Susan M. Cosman 5221 • • SALEM CONSERVATION COMMISSION MINUTES OF MEETING JUNE 9, 1988 A regular meeting of the Salem Conservation Commission was held on June 9, 1988 at 7:30 p.m. in the second floor conference room, One Salem Green. Those in attendance were: Chairman Philip Moran, Fred Harney, Harry Takis, Martha Hogan, Bob Crowley, John Vallis , John Doyle, and staff advisors Rebecca Curran and Beth Debski. Chairman Moran called the meeting to order at 7:30 p.m. Determination of Applicability — Amtrak Chairman Moran read a letter from Sanford Ecological Services, Inc. requesting a Determination of Applicability for Amtrak for wetland delineations along portions of the railroad within Salem. The proposed areas to be delineated with impactable posts are those areas which will not be sprayed during the conpany's annual vegetation control plan. The "no spray" zones include any area within 19' (on center) of a wetland resource area. Mr. Richard Albano, representing Amtrak, provided the Commission with a map of the proposed "no spray" areas. He added that Amtrak will provide a five—year vegetation control plan, which must be approved by the Department of Agriculture, on which the Commission can comment. Mr. Albano suggested that the Commission make a site visit during the month of July. He added that each community will be informed of the • spray dates two weeks prior to their commencement. It was the consensus of the Commission that July 9th, 16th, or 23rd would be possible dates for a site visit , and Mr. Albano agreed to confirm one of the suggested dates with Beth Debski . Mr. Takis made a motion to table the applicant 's request for determination until after a site visit in July. Mr. Doyle seconded the motion. The vote was unanimously in favor. Public Hearing — Clarke Avenue .Chairman Moran read the notice of public hearing which was advertised in the Salem Evening News on June 2, 1988. Mr. Vallis excused himself from the meeting room during this public hearing. Chairman Moran presented the Commission with a letter from the City Solicitor, Michael O'Brien. Mr. O'Brien stated that when the City of Salem sold the aforementioned parcel to Mr. and Mrs. Colpitts, the Purchase and Sale Agreement was conditioned upon the receipt of necessary permits for the construction of one single family home. Mr. O' Brien, therefore, requested that the Commission act favorably on the petition. • Chairman Moran questioned whether a denial would nullify the sale, and petition. • Chairman Moran questioned whether a denial would nullify the sale, and Mr. Colpitts responded that in the event of a denial, he would not be required to go through with the purchase. Mr. Donald Kent of Gulf of Maine Research reviewed the proposed project for the Commission. The project would involve the construction of a single family home, accessory building, and garage all within a buffer zone. Mr. Kent noted that when last presented, the plan indicated that the wetland line was closer to the front of the property than it is indicated on the present plan. Mr. Kent was able to re—evaluate the parcel and found that the line is further to the rear of the parcel . Mr. Kent has reflagged the area to reflect this change. Mr. Kent noted that this change was due to the existence of an upland form of groundcover which was not visible in March when the first plan was prepared. Mr. Kent stated that, in his opinion, the proposed construction would not disturb the wetland area, and that haybales would be placed down gradient of construction to prevent siltation of bordering vegetated wetlands. He added that the installation of sod would enhance flood control , no drains would be constructed within the garage, and no wildlife would be disturbed. Ms . Curran asked if there was a large rock outcrop, and Mr. Kent responded that the rocks can easily be removed. He noted that the accessory building will have a slab foundation. Access to this • accessory building will be via a driveway and over the lawn. Ms. Debski noted that the Planning Board has given Form A approval , but has not yet approved the road and utlity plans. Chairman Moran voiced concern over where the wetland begins, and suggested that the Commission make a site visit. Mr. Takis made a motion to continue the public hearing until June 23, 1988 following a site visit on Wednesday, June 15, 1988 at 6:00 p.m. Ms. Hogan seconded the motion. The vote was unanimously in favor. Two public hearings scheduled to be held this evening will be continued until the Commission's next meeting because the applicants representatives were unable to attend the meeting. Old Business At the last Commission meeting, Mr. and Mrs. Weiting of Pierce Road were asked to retain the services of Gulf of Maine Research to determine if their existing garden had an adverse effect on the wetlands to the rear of their parcel. Chairman Moran presented the Commission with a letter from Mr. Donald Kent of the Gulf of Maine Research. Mr. Kent stated that the gardens • begin 35 feet from the salt marsh, and 100 feet from the Forest River. He noted that there is no evidence that the gardens adversely affect the wsalt marsh at this time, but to ensure continued salt marsh productivity, channeled surface runoff should be prevented. This could • be accomplished by decreasing the unvegetated area in the gardens nearest the marsh, leveling the surface of the gardens so that channels do not develop, or establishing a 2-3 foot wide grass strip for diffusion of surface run off downgradient of the gardens. He added that herbicides and pesticides should not be applied. Mr. Salvo asked if this area was City-owned, and Chairman Moran responded that the Commission would look into the matter. Chairman Moran suggested that the area be allowed to return to its natural state. Ms. Hogan made a motion to send Mr. and Mrs. Weiting a letter requesting that they remove the coffee bean shells within the garden, and remove the aluminum trim around the garden, as well as any other unnatural materials and allow the area to return to its natural state. the Commission also requested that a letter be sent to Mr. Clayton Smith requesting that he no longer mow the grass in this area and allow the area to return to its natural state. New Business Ms. Curran informed the Commission that she had requested a copy of the by-laws from the City of Gloucester Conservation Commission. Councillor Blair presented the Commission with a City Council order • requesting that the City Solicitor, City Planner and Conservation Commission meet the necessary requirements to purchase the parcels at Legg's Hill and the Lead Mills. Chairman Moran presented the Commission with a letter from Mr. DeIulis of 6 Seemore Street who reported that the residents of 7, 11 , and 13 Freeman Road are dumping leaves and grass onto the embankment leading into the wetland: Chairman Moran requested that these residents be sent letters requesting that they cease dumping immediately. Minutes Mr. Takis made a motion to approve the minutes of the May 29, 1988 meeting, as amended. Mr. Doyle seconded the motion. The vote was unanimously in favor. Ms. Hogan made a motion to adjourn at 8:45 p.m. Mr. Takis seconded the motion. The vote was unanimously in favor. Respectfully submitted, Elizabeth Newton S222 Acting Clerk June 23, 1988, Page 1 CONSERVATION COMMISSION MINUTES OF MEETING • JUNE 23, 1988 A regular meeting of the Salem Conservation Commission was held on June 23 , 1988 at 7:30 p.m. in the second floor conference room at One Salem Green. In attendance were Fred Harney, Harry Takis, Bob Crowley, John Vallis, and staff advisor Beth Debski. Phil Moran, Martha Hogan and John Doyle were absent. The meeting was called to order at 7:35 By Fred Harney, Acting Chairman, who then introduced the members of the Conservation Commission to those present at the meeting. PUBLIC 'HEARING - SALEM SHOE Fred Harney read the Notice of Public Hearing concerning the project which stated that the project involved the construction of 60 residential units and associated parking at the Salem Shoe building site located at the terminus of Saunders and Pearl Streets. At a previous meeting the applicant was instructed to file a Notice of Intent. This project lies within 100 feet of a coastal bank but is separated by an elevated railroad track abutting the property which precludes the possibility of any bank disturbance. Gus Sherry from Hancock Associates addressed the Commission concerning the project. He said that appropriate variances had been issued by the • Board of Appeals, and the Fire Department had been contacted as well as the City Engineer. He also noted that the Planning Board has endorsed the plan based on the approval of the Board of Health. He stated that the resource area is the coastal bank of the North River side of the MBTA embankment, and requested an Order of Conditions. Fred Harney asked if there was any vegetation on the site and Mr. Sherry stated that there is on the railroad side but they did not own that area. He also noted that trees will be planted and that a six foot fence will be constructed inside the property line. Harry Takis asked what the foundation would be and Mr. Sherry replied it would be slab on slab. Bob Crowley asked about the the tanks that had once been stored in the building for its previous use and Mr. Sherry responded that a 21E report has been done. Mr. Harney asked if anyone would like to speak in favor or in opposition of the project. There was no response from those present in the room. There being no further discussion Harry Takis made a motion to close the public hearing and issue an Order of Conditions seconded by John Vallis and approved unanimously. - June 23, 1988, Page 2 PUBLIC HEARING - DARBIE LANDING Fred Harney read the Public Hearing Notice. He stated that this proposal involved the installation of three (3) 4000 gallon double-wall fuel storage tanks to replace tanks that were previously removed. The proposed construction is to be conducted entirely on the buffer zone in a paved level area adjacent to a coastal bank or land under the ocean is proposed. John Vallis offered to excuse himself from this discussion since he and his father had represented the applicants in the past but informed the parties that there would not be a quorum to vote on the matter and it could be held up until the July 14, 1988 meeting of the Commission. The applicants agreed that it would be all right with them for Mr. Vallis to take part in this discussion. Mr. Phil Posner, showed the plans of the proposed changes to the Commission. He noted that the removal of the fuel storage tanks had been done under the supervision of the Fire Department and the Fire Marshall. Fred Harney asked if the tanks were the same size as the ones removed and Mr. Posner responded yes. Harry Takis asked if the tanks were fiberglass and Mr. Posner reported that the Fire Department would not allow fiberglass. • Bob Crowley asled if they were keeping the same feed line of would it be replaced. Mr. Posner replied that they would be replaced. Mr. Harney asked if any one would like to speak in favor or against the proposal. There being no further discussion Bob Crowley made am motion to close the public hearing and issue an Order of Conditions, seconded by Harry Takis and unanimously approved. NEW BUSINESS Attorney John Serafini addressed the Board on behalf of Harry and Stacey Fraser who purchased The Grapevine Resturant at 26 Congress Street. He said that the would like to do some remodeling of the building and particularly the patio which is located out in the rear of the building. He said that the would like to do some changing and upgrading which would require no excavation. Mrs. Fraser showed a drawing of what they plan to do and explained it to the members of the Commission. Attorney Serafini stated that he had contacted the Building Inspector and that he has requested that the Conservation Commission review it. The commission agreed to allow the proposed changes. Beth Debski will send a letter to the Building Inpector informing him of the Commission' s approval of the project. ` June 23, 1988, Page 3 OLD BUSINESS Mr. Kiernan of 21 Linden Avenue requested that his Order of Conditions granted to him in 1983 regarding the construction of a swimming pool be extended. Beth Debski noted that the request was recieved by the planning office prior to this but somehow never made it to the commission until now. The members present unanimously agree to the extension of the order of conditions from April 28, 1988 to April 28, 1989. APPROVAL OF THE MINUTES Beth Debski reported to the Commission members that there is some question as to a statement that Mr. Steve Salvo wanted recorded in the minutes of the last meeting. Beth said that she will check over the notes of the meeting again to see if the item in question occured before the meeting started or during the course of the meeting. She said that she believed that the statement was made before the start of the meeting. John Vallis made a motion to accept the minutes of the meeting excluding the statement about Mr. Salvo, seconded by Harry Takis and approved unanimously by the members present. There being no further discussions Bob Crowley made a motion to adjourn the meeting, seconded by Harry Takis and approved unanimously. • The meeting was adjourned at 8:35 P.M. Respectfully submitted by: Eileen M. Sacco Clerk ESI/CCO62388 r • Conservation Commission Minutes of Meeting July 14, 1988 A regular meeting of the Salem Conservation Commission was held on Thursday July 14, 1988 at 7: 30 P.M. in the second floor conference room at One Salem Green. In attendance were Chairman Philip Moran, Fred Harney, Harry Takis, Bob Crowley, John Vallis, Martha Hogan, and staff advisor Beth Debski . John Doyle was absent . The meeting was called to order at 7: 30 p.m. by Chairman Philip Moran who introduced the members of the Commission to those in attendance at the meeting. DETERMINATION-127 MARLBOROUGH ROAD Joseph Furnari of 127 Marlborough Road was present at the meeting to address the Commission concerning a subdivision of his property to allow his son Anchony Furnari to build a home on the property. He noted that there is a brook on the property and chat the proposed dwelling will not be within 100 feet of the brook. Chairman Moran asked for :any comments from those in attndance at the meeting. There being no comments from those in attendance the Chairman said that he saw no reason not to vote a negative • determination on the matter. John Vallis made a motion to make a negative determiniation on the matter seconded by Martha Hogan and approved unanimously by the Commission. CONTINUED PUBLIC HEARING — CLARK AVENUE John Vallis recused himself from this discussion and Left the meeting for the duration of this discussion. . On June 9, 1988, a public hearing was opened for this proposal involving the construction of a single family house with attached garage and the construction of an :accessory building. In addition, some grading will be necessary in order to provide access from the house to the accessory building. This work will occur within a wetland buffer zone. Donal.d Kent from Gulf of Maine Research Center Inc. , the applicants consultant was present at the meeting to address the Commission and answer any questions that they may have. He indicated that they have identified and delineated the wetland resouce areas on the property He said that an intermitent stream and bordering vegetative wetland is on the site and that no work is proposed within these resource areas. Chairman Moran noted that the commission had a site visit to the location of the proposed buildings on June 15, 1988. Donald Kent stated that they plan to take appropriate measures during construction to protect the area . He also stated that he feels that they • have met all performance standards . Harry Takis asked that since the site is in a Buffer Zone what effect would • the project have on wildlife. Mr. Kent, informed him that no animals are in danger at the site. Mr. Takis also expressed concerns about the road leading to the shed. Mr. Kent stated that this would be used as access the to shed only and that Mr. Colpitts would be using the shed to store antique cars in . Mr. Takis asked if the road required plowing in the winter months and Mr. Kent replied that it was not Likely that the cars would be used in the winter. Chairman Moran asked for comments from the audience concerning the proposal . There being no comments from those in attendance a motion was made by Bob Crowley to close the public hearing seconded by Fred Harney and approved unanimously by the Commission. A motion was made by Harry Takis to deny the petition because it is within a Buffer Zone. There being no second the motion failed. Fred Harney made a motion to grant the petition with stipulations seconded by Martha Hogan with conditions . (See Order of Conditions 64-167) Chairman Moran asked the members to vote on the motion and a vote was taken. Four Members were in favor of the motion. Harry Takis was opposed and John Vallis recused himself. PUBLIC HEARING—STATION ROAD EXTENSION • This proposal involves the construction of twelve single family homes and the construction of :approximately 550 feet of roadway and associated Utilities at the end of Station Road. The proposal also includes filling 1000 square feet of wetland and replicating 1900 square feet . The applicants Engineer, Charles Wear of Carter and Towers and Donald Kent from Gul.f of Maine Research Center were present to address the Commission. Chairman Moran asked about the wetland classification and Mr. Kent told him that it is bordering vegetative wetland and the source of the wetland is a brook which runs along Station Road. Martha Hogan asked about the change in the Land since there is already a water problem in that area . Mr. Kent said that he did not feel there would be any change since they are going to replicate 1 ,900 square feet of wetland and fill in only 1 ,000. Chairman Moran asked for discussion from the audience Several neighbors of the area were present to discuss the issue. Jean Croteau of 29 Station Road addressed the Commission and stated that she has concerns about the catch basins , fire hydrants , and the cul—de—sac . She noted that the area has severe water and sewer problems during heavy rain fal.L . She asked if the proposed development would be tieing into the present sewer system and indicated that she felt that the existing sewers do not meet the needs of the neighborhood. • At this time Chairman Moran addressed the group and told them that issues such as sewers and fire hydrants do not come under the jurisdiction of the Conservation Commission and that they should be directed to the Planning Board. Margaret Crowdis who was representing her father George Crowdis a resident of Station Road, presented a petition to the Commission on behalf of the elderly residents of Station Road. (A copy of this petition is attached to these minutes . ) Joe Correnti addressed the Commission and expressed concern that at high tide and heavy rains Forest River backs up to Station Road. He said that he was concerned about the runoff. Lucille Tondreau expressed concerns about possible blasting and the effect that the project would have on the wildlife in the area . Martha Hogan made a motion that the Commissioners make a site visit to the area and continue the Public Hearing to the July 28, 1988 meeting seconded by John VaLlis and approved unanimously by the Commission. Chairman Moran also read a letter from Ward 7 Councillor Mark E. Blair stating some concerns that he has about the project . ( A copy of his letter is attached to these minutes . ) The Commission planned a site visit to the area for Saturday, July 16, 1988 • at 11 :00 a .m. Chairman Moran told those in attendance that the Commissioners would meet at Station Road and invited anyone who wished to attend the site visit to do so. PARLEE STREET—DISCUSSION Mr. Richard Malone was present to address the Commission concerning his project on Parlee Street . Mr. Moran noted that the Commission had placed a Cease and Desist Order on the project because they did not feel that Mr. Malone was keeping the conditions placed by the Commission. He said that a site visit has been held by the Commission. Barry Takis said that there is inappropriate fill on the site that Mr. Malone was supposed to take care of and it is still there . He also noted that the slope of the project was of concern as well . The Commission reviewed the Order of Conditions and Chairman Moran told Mr. Malone that the Commission was concerned about the inappropriate fill and the slope of the project . The Commission asked Mr. Malone to take care of those matters in the next two weeks so that they can resolve the matter at the July 28, 1988 meeting. NEW BUSINESS Chairman Moran addressed the Commission and stated that he had been in touch with the Salem State Soccer Coach and that the College may be coming before the Commission to widen the soccer field which would require going into wetland. He said that they may be in for the July 28, 1988 meeting. • J APPROVAL OF MINUTES Motion made by Harry Takis to approve the minutes of the previous meeting held on June 23, 1988, seconded by Fred Harney :ind approved unanimously by the Commission. There being no further business to come before the Commission, a motion was made by Martha Hogan to adjourn the meeting seconded by Harry Takis and approved unanimously. The meeting was adjourned at 9:00. RESPECTFULLY SUBMITED BY: EILEEN M SACCO CLERK • • �v6 xOnNB1*M� Citp of batem, �Iaggacfjugettg Office of the Citp Council 9e�MIVB dJ WARD COUNCILLORS KEVIN R. HARVEY 1988 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK 1988 DONALD T.BATES JOSEPHINE R. FUSCO KEVIN R.HARVEY FRANCES J.GRACE CITY CLERK VINCENT J.FURFARO NEIL J.HARRINGTON LEONARD F.O'LEARY JEAN{GUY J.MARTINEA.0 GEORGE P.MCGABE SARAH M.HAYES MARK E.BLAIR July 13, 1988 Mr. Philip Moran, Chairman Conservation Commission City of Salem Salem, Mass. 01970 Dear Mr. Moran: • I will be unable to attend the July 14, 1988 meeting of the Con- servation Commission because of a City Council meeting conflict. My particular concern is the application of Dibiase Salem Realty Trust pertaining to building twelve single family lots on Station Road. I understand Mr. Dibiase would like to fill 1,000 sq. ft. of wet- lands and replace the area by creating a 1,900 sq. ft. area. My concern is with the existing residential homes on Station Road and Moffatt Road. Many of these homes have water problems in their basements and backyards. Poor drainage and a high water table plague this neighborhood. Please give serious consideration to these ex- isting problems in your determination. I hope the Conservation Ccnmission will visit this site especially from the yards of the Moffatt Road area. Finally, I request that my above concerns be read into the minutes of the meeting this Thursday, July 14, 1988. ver/y' truly yours, • MARK E. BIAIR COUNCILLOR WARD SEVEN mm/jc .l E SALEM. 3tASS., EVENING NEWS — THURSDAY. JLZY 7, 1988 31 L _ CITY OF SALEM CONSERVATION C0.11311SSION Will hold a public hearing under the Wetlands Protection Act. Mass. G.L. Chapter 131. Section 40. at the request of Paul DiBiase. The proposal involves the construction of 12 houses, roadway and associated utilities on Station Road.The pro- posea work includes filling 1,000 s.ff of wetland and rePUcating 1,900 s.f.This hearing will be held on Thursday,July 14,1988,at 7:30 P.m.,One Salem �.. Green, second floor conference room. PHILIP D. 11ORAN, Chairman — July 7. 1988 .'. _:_... ... .._ - • PLEASE TRY TO ATTEND THIS MEETING TO PROTECT OUR NEIGHBORHOOD! ! ! ! ANOTHER 12 "HOUSES" (DOES THIS MEAN AN EXTENSION OF THE ALREADY CONGESTED PICKMAN PARK CONDOMINIUM DEVELOPMENT IN WHICH ALL "HOUSES" ARE DUPLEX HOMES???'. ) AND POTENTIAL 24 CARS (2 PER HOUSE — 4 PER HOUSE IF THEY ARE DU?LEX HOUSES) 14ILL ONLY INCREASE THE TRAFFIC FLOW ON STATION, BRADLEY, MARION AND SUMNER ROADS. THIS IS THE SAME "DIBIASC•" THAT BUILI "PICK?LaN PARK" -- tdILL CONDO–MANIA BE HITTING STATION ROAD"? LET' S ALL JOIN' IN' ON THIS FIGHT TO SAVE STATION ROAD FROM BECOMING ANOTHER DEVELOPMENT. THANK YOU" " ! ! ! -- 7 � Conservation Commission Minutes of Meeting July 28, 1988 • A regular meeting of the Salem Conservation Commission was held on Thursday, July 28, 1988 at 7:30 P.M. in the second floor conference room at One Salem Green. In attendance were: John Doyle - Acting Chairman, Martha Hogan, John Vallis, and Fred Harney. Phil Moran, Bob Crowley, and Harry Takis were absent. Also present were Beth Debski and Eileen Sacco. The meeting was called to order at 7:35 p.m. by Vice-Chairman John Doyle. At that time he introduced the members of the Commission and staff to those in attendance at the meeting. CONTINUED PULIC HEARING - STATION ROAD Mr. Doyle stated that on July 14, 1988, a public hearing was opened up for this proposal involving the construction of twelve (12) single family homes and the construction of approximately 550 feet of roadway amd associated utilities at the end of Station Road. This proposal also includes filling 1 ,000 square feet of wetland and replicating 1 ,900 square feet of wetland. He also noted that a presentation had been made and a site visit was held on the site and asked if any members had any questions they would like to ask. John Vallis asked what the source of the brook on the property was. Donald Kent from Gulf of Maine Research Inc. , said that there was no way • to determine that because it dries up at various times throughout the seasons. He said that the fact that it dries up indicates that the source is a runoff. He also stated that he did not think it was a spring, however it is impossible to tell due to all the rubbble that is in there. Fred Harney asked what the grade would be when the area is filled in. Mr. Kent said that it would be a three to one slope. Mr. Doyle asked if anyone present at the meeting wished to speak in favor of the project. There was no repsonse. Mr. Doyle asked if there was anyone present at the meeting who wished to speak in opposition to the project. Margaret Crowdis of 3 Station Road addressed the Commission and stated that she feels that there is a spring there since there is a well located at 35 Station Road. She said that she is also concerned about the water problems that already exist in the neighborhood. She al.so said that she thinks that the brook runs from Forest River to Pickman Park and that there are underground streams as well. Donald Kent responded that a well does not indicate a spring, it only indicates a high water table. He also said that by cleaning the pipe that runs up Station Road there should be less of water problem in the area. John Doyle asked if the Commission was aware of the pipe and they indicated that they were. Mr. Kent responded that plans from the City indicate • Page 2 chat there are two pipes one of which they have been unable to locate. Mr. Doyle asked how much of the pipe they intend to clean and are there • any provisions to replace the pipe if it is necessary to. Mr. Paul DiBiase, the developer, who was present at the meeting stated that they would only be cleaning the portion of the pipe in the area in question and that they were doing the City a courtesy since the pipe belongs to the City. Jean Croteau of 29 Station Road also expressed concerns about the brook C/ and that the replication may cause more problems. Jea ogan of 82 Moffatt Road stated that she has lived in the area for ears and expressed concerns about the brook. Priscilla Tondreau of 11 Station Road asked if 200 feet of pipe that runs behind her property would be replaced. Paul DiBiase said that he could consider it if it were a problem but that legally he could not without easements being granted. Martha Hogan asked if they were planning to leave any natural vegetation. Mr. Kent replied that they would leave as much as they could. John Vallis moved to schedule another site visit Fred Harney suggested that a good time for a site visit would be when the tide was high. A motion was made by John Vallis to schedule a site visit for Saturday August 6, 1988 at 9:00 A.M seconded by Fred Harney and approved • unanimously. The public hearing was closed and an Order of Conditions will be issued at the next meeting. DETERMINATION OF APPLICABILITY —38 SHORE AVENUE Mr. Doyle stated that this proposal involves the construction of a two car garage at 38 Shore Avenue. The lot is located in the Buffer Zone, adjacent to Salem Harbor. John Vallis stated that he had represnted Mr. Schwelbee in the past and offered to recuse himself from this hearing, however there would not be a quorum for the Commission to act on this proposal at this meeting. Mr. Schwelbee stated that he had no objection to Mr. Vallis' participation. Mr. Schwelbee presented plans to the Commission for the thier review . Fred Harney asked what the existing wall was made of. Mr. Schwelbee stated that that it was made of granite blocks, mortar and fill. He also said that there was no runoff to the ocean, and that the construction would be slab on grade. Fred Harney made a motion for a Negative Determination. The motion was seconded by John Vallis and approved unanimoulsy by those in attendance. Page 3 DETERMINATION OF APPLICABILITY — 73 NORTH STREET • Mr. Doyle stated that this proposal involved the construction of an extension of an existing commercial structure at 73 North Street abutting the North River Canal. The building is located in the Buffer Zone. Attorney George Atkins representing Mr. Rossi stated that Mr. Rossi had been a victim of the proposed connector road and that a small building had been taken from him. He said that his plans are to extend the present building to replace what was lost. He said that it would be simple construction. He said that they would also gravel fill the area. He also noted that there would not be a problem with drainage. Mr. Atkins also noted that the plans were still pending the approval of the Board of Appeals and the Planning Board, and that they were at the Conservation Commission first because of the schedule of meetings. Mr. Doyle asked what the comparability of the addition was to the space that was taken. Mr. Atkins stated that the addition would be about 1 ,500 square feet, to be used for warehouse space. Fred Harney asked if there would be any additional entrances to the building with the addition. Mr. Atkins stated that there were none needed. John Vallis made a motion for a Negative Determination, seconded by Fred • Harney and approved unanimously by the members present. OLD BUSINESS PARLEE STREET John Vallis reported on the progress of Parlee Street. He stated that he has made two site visits to the project and pointed out that the grading had been taken back and that he did not see any bad fill. He said that on the second visit he noted only a few small pieces of bad fill and that it appeared that it had been removed. He also noted that it appeared that the roadway was there for the purpose of constructing the headwall, and that the road had been broken up. PICKERING WHARF SEAWALL Donald Kent from Gulf of Maine Research, Inc. addressed the Commission concerning the seawall at Pickering Wharf. He noted that it was necessary to construct sheet pilings before they can remove what is there to prevent further damage to the Chase House. He also noted that the project is estimated to take about three months to complete. APPROVAL OF THE MINUTES John Doyle asked the Commission for approval of the Minutes to the previous meeting. Page 4 Motion made by Martha Hogan to approve the minutes of the previous meeting, seconded by John Vallis and approved unanimously. by the members present. It was noted that the next meeting of the Commission would be on September 8, 1988. Motion made by John Vallis to adjourn the meeting, seconded by Martha Hogan and approved unanimously. The meeting was adjourned at 8:45 P.M. RESPECTFULLY SUBMITTED BY: EI�SACCO ES1/CC072888 • • CONSERVATION COMMISSION MINUTES OF MEETING • SEPTEMBER 8, 1988 A regular meeting of the Salem Conservation Commission was held on Thursday, September 8, 1988 at 7:30 P.M. in the second floor conference room at One Salem Green. In attendance were Chairman -Philip Moran, Martha Hogan, Fred Harney, and Harry Takis. Also present was Eileen Sacco clerk. The meeting was called to order by Chairman Philip Moran at 7:30 P.M. At that time Mr. Moran introduced the members of the Commission to those present and explained the rules of a public hearing. ORDER OF CONDITIONS — STATION ROAD Chairman Moran stated that the matter of issuing an order of conditions for the Station Road Project was postponed for two weeks until the next meeting of the commission on September 22, 1988. FUBLIC HEARING — 26 READ STREET Chairman Moran opened the public hearing by informing the Commission that this proposal involves the construction of a single family home, roadway and associated utilities at the intersection of of Read Street and Champlain Road. The proposed work is in the buffer zone. • Attorney John Serafini was representing John Buonfiglio, as well as the engineer for the project Mr. Erland S. Townsend of T and M Engineering .Associates of Peabody Massachusetts. Mr. Townsend presented plans and noted that the location of the project is in the buffer zone, bordering on vegetative wetland. He stated that about a quarter of the lot would be used for building area. Mr. Moran asked how close the building would be to the wetland and Mr. Townsend replied that it would be about 10 or 11 feet at the tightest corner. Mr. Moran also asked what material. would be used for the proposed retaining wall and how long would it be. Mr. Townsend stated that it would be made of concrete and would be about 100 feet long. Fred Harney asked what the total size of the lot was. Mr. Townsend stated that it was about 24,000 plus square feet , but they are only ten feet from the street, and this is the only location that they can construct on within the property. Martha Hogan asked if the drainage pipes would be draining into the wetlands. Mr. Townsend replied that the only kind of drainage would be weep holes. Mr. Moran asked if there was anyone present who wished to speak in opposition to the project. There was no response. • Mr. Moran asked if there was anyone present who wished to speak in favor of the project. There was no response. • Martha Hogan suggested that the Commission hold a site visit to view the area in relation to the buffer zone and the wetlands. Mr. Moran asked Mr. Townsend to mark off the area of the back wall and where the wetlands begin. He asked him when he thought he could have this done and Mr. Townsend said that he thought that he could have it done in a week or so. The commission discussed dates and scheduled a site visit for September 19, 1988 at 6:00 P.M. A motion was made by Harry Takis to continue the Public Hearing until the next meeting of the Commission on September 22, 1988, seconded by Fred Harney and approved unanimously. PUBLIC HEARING — 9 MARCH STREET COURT Chairman Moran opened the Public Hearing and stated that this proposal involves the construction of two single family homes and trenches for associated utilities at 9 March Street Court. The proposed work is to take place in the buffer zone and the coastal. beach resource area. Mark Petit addressed the Commission on behalf of himself and Jeff Morris who was not present at the meeting. Mr. Petit presented plans to the commission. He also stated that the Board of Appeals had approved the variances for the project. Mr. Moran asked if they had gone before the • planning board for a subdivision and Mr. Petit stated that he would be going to the planning board next. Mr. Moran suggested that the Commission make a site visit to the area. He also expressed some concerns about the tide. The Commission scheduled a site visit for September 19, 1988 at 6:45 F.M. Harry Takis made a motion to contiunue the Public Hearing until the next meeting of the Commission on September 22, 1988, seconded by Martha Hogan and approved unanimously. CONTINUED PUBLIC HEARING — THE FAFARD COMPANIESi SWAMPSCOTT ROAD Chairman Moran stated that .on October 8, 1987 a Public Hearing was cgened for this proposal involving the construction of a new building on Swampscott Road in the Salem Business Park. At that time the commission requested that the Fafard Companies prepare an "existing conditions" plan for the entire Salem Business Park as well as a review of the conditions within the Maynard Plastics Order of Conditions (64-120) . The Fafard Companies have submitted this additional information for the Commission' s review. Those present representing the Fafard Companies were: Attorney John Serafini, Don Seaberg and Ron Killian. They informed the commission that the site was once considered as an • alternate site for the Rich' s Department Store Warehouse, but that the proposal did not go through. They stated that they have a prospective tenant for the property for a warehouse and distribution center. Don Seaberg presented a plan illustrating the wetlands on the property, and indicated areas that would be filled and replicated if in fact this particular project is the one that is constructed on the property. Mr. Moran asked if it were possible that a smaller building might be constructed on the property. They replied that was possible. Harry Takis asked what the use of the building would be and they replied that it would be used for warehouse space and a distribution center, and a small amount of office space. Mr. Takis expressed concern about snow removal on the premises. They pointed out areas where snow could be stacked Mr. Takis also expressed concerns about the use of salt on the property. They stated that under the Order of Conditions issued for the previous project that no salt could be used and that it would be written into lease agreements to enforce it. Dennis Colbert a resident of Clark Avenue addressed the Commission and asked if the Fafard Companies were granted permission for the project tonight , could they turn around and build anything they wanted to, particularly several smaller buildings. Mr. Moran informed him that any deviation from the approved plan required them to go through the process all over again. • Mr. Colbert also asked if there would be any timetable issued in which the replication would have to take place. He stated that they were doing replication this summer on the Maynard Plastics site. He was informed that the work that was performed this summer was additional work that they felt was necessary and that it was necessary to complete it in the summer since water conditions are low. It was also stated that the work was done in conjunction with the Order of Conditions issued for the project and under the supervision of the City of Salem Engineering Department. There being no further questions Harry Takis made a motion to close the public hearing , seconded by Martha Hogan and approved unanimously. Mr. Moran addressed those present and stated that the Commission realizes that there is a great deal of interest in the Clark Avenue area and assured them that this proposal was the largest scale of a project that would be constructed on the property, as it is possible that they could come back with alternative plans in the future . Mr. Moran informed the group that the next meeting of the Commission was September 22, 1988 at which time and Order of Conditons for the proposal would be issued.L DETERMINATION OF APPLICABLITY — HOUSE OF SEVEN GABLE SEAWALL • Chairman Moran stated that this proposal involved the maintenance and repair of the existing seawall located at 54 Turner Street . All excavated materials will be stockpiled landward of excavation to prevent erosion into the marine resource areas. Repairs to the base of the wall will be performed from the landward side of the wall. Attorney George Hall of Ardiff and Morse addressed the Commission. He stated that they are going to repair and replace the wall and would be working on the land side. He said that the wall was built in the 1800' s and that other sections of the wall have been repaired in the past. Harry Takis made a motion for a negative determination, seconded by Fred Harney and approved unanimously. DETERMINATION OF APPLICABILITY — JACKMAN FIELD Chairman Moran stated that theis proposal involved the construction of a new backstop, two (2) dugouts, and improvements to stabalize the glass in the outfield at Jackman Field, located in the buffer zone. Steven Dibble, Public Improvements Coordinator for the Salem Planning Department addressed the commission regarding the project. He stated that the field is used as the home field for the Salem State Baseball Team and the Salem High Girls Softball Team. He also pointed out that the site is owned by Sylvania and leased 'to the city for $1 .00 per year. He also noted that the site was once a dumping ground for Sylvania. He further stated that the city wishes to clean it up by cutting a new infield with a clay loamline, installation of two concrete dugouts, digging six inches and grading the loam as well as place a fabric called Mirafi 60OX down to prevent the glass from protruding. He also passed • around a sample of the Mirafi 60OX material. Fred Harney asked if there were any plans to install lights at this time. Mr. Dibble said not at this time. Harry Takis suggested that they should look into the possibility of installing the lights now or providing cables while they are digging up the field at this time. A motion was made by Harry Takis for a Negative Determination , seconded by Fred Harney and approved unanimously. EXTENSION OF ORDER OF CONDITIONS — MOOSE LODGE Chairman Moran stated that on October 27, 1987, the Conservation Commission voted to extend the Order of Conditions for the Moose Lodge until September 11 , 1988. The Moose Lodge has had to wait until the State DPW completed their work on the other side of Highland Avenue before they could begin their work. The state has now completed their work and the Moose has requested that they be allowed to extend the Order of Conditions for a period of time of one year so that they can complete their project. Motion made by Harry Takis to extend the Order of Condtions for the Moose Lodge for a period of one year seconded by Martha Hogan and • approved unanimously. OLD BUSINESS • Chairman Moran stated that a Certificate of Compliance is needed for the pump station of Swampscott Road. He stated that Beth Debski has visited the site and that they are in compliance. A motion was made by Harry Takis to sign the Certificate of Compliance, seconded by Fred Harney and approved unanimously. The matter of the Order of Conditions for David Colpitts was held over until the next meeting for further information and a quorum to sign the order. Chairman Moran informed those present that he has received unofficial word that the $600,000 to purchase the Lead Mills Property has been approved. He stated that he and Beth Debski would be meeting with the people responsible for putting the loans together on September 20, 1988. BYLAWS Chairman Moran stated that the commission should adopt some bylaws. He asked Eileen Sacco to have Beth'Debski prepare a draft of the Bylaws using the Gloucester Conservation Commission bylaws as a guide for the next meeting so that the members can discuss it and have Councillor Mark Blair, the Council Liason, present them to the Salem City Council for • approval. APPROVAL OF THE MINUTES The minutes of the Conservation Commission meeting of July 28, 1988 were presented for approval. Martha Hogan made a correction of the name Jean Hogan who had addressed the Commission concerning the Station Road project. It should have read Eleanor Hogan. A Motion was made by Fred Harney to approve the minutes of the meeting seconded by Harry Takis and approved unanimously. A motion was made by Martha Hogan to adjourn the meeting, seconded by Harry Takis and approved unanimously. The meeting was adjourned at 9:15 P.M. RESPECTFULLY SUBMITTED BY: EILEEN M SACCOi CLERK • SALEM CONSERVATION COMMISSION MINUTES OF MEETING SEPTEMBER 22, 1988 • A regular meeting of the Salem Conservation Commission was held on Thursday, September 22 , 1988 at 7:30 P.M. in the second floor conference room at One Salem Green. Present were Chairman Phil Moran, Fred Harney, Harry Takis, Bob Crowley, Martha Hogan, and John Vallis. Also present were Staff Advisor Beth Debski and Eileen Sacco. ORDER OF CONDITIONS - STATION ROAD Chairman Moran stated that he would entertain a motion on the matter of issuing an Order of Conditions for the Station Road project. Harry Takis made a motion to deny the project, seconded by Bob Crowley. Chairman Moran asked for discussion of the matter. Harry Takis stated that he is opposed to the project because it is within 100 feet of the Buffer Zone and he does not feel that the proposed replication area will be sufficient. Mr. Moran stated that the replication area will double the size of the wetland area. John Vallis stated that the Commission has made two site visits to the area and he feels that the cleaning of the pipe that the developer is proposing will benefit the area. He did not think that the City should miss the chance to have the pipe cleaned. • Chairman Moran asked for a vote on Mr. Takis' motion. A vote was taken and the vote was 2 in favor., 3 opposed with Martha Hogan abstaining. John Vallis stated that he would like more discussion on the matter before another vote is taken. Mr. Moran asked if the Commission would like to table this discussion until the next meeting. Beth Debski stated that in fairness to the petitioner the Commission should come to a decision on the matter one way or another this evening because the matter has been pending since the July 28, 1988 meeting. Fred Harney stated that Mr. DiBiase is proposing to double the size of the wetland and is also going to clean the pipe. He felt that Mr. Dibiase has a legitimate right to what he is asking for. He also stressed that the cleaning of the pipe is for the betterment of the surrounding neighborhood. Phil. Moran stated that the concerns that were raised during the Public Hearing were Planning Board concerns and not for the Conservation Commission to decide. John Vallis made a motion to approve the project and issue an Order of Conditions, seconded by Fred Harney and approved 3-2 with Martha Hogan abstaining. (2) ORDER OF CONDITIONS - FAFARD COMPANIES • Chairman Moran informed the Commission that on September 8, 1988 the Public Hearing for this proposal involving the Fafard Companies Business Park on Swampscott Road was closed, and that an Order of Conditions needs to be issued. Mr. Killian was present at the meeting to review the plans for the benefit of the members who were not present at the last meeting. Bob Crowley asked what the impact on the wetlands would be. Mr. Killian pointed out the areas that would be filled in and the replication areas. Chairman Moran stated that some residents of Clark Avenue were present at the meeting and voiced concerns. The Commission assurred them that any changes to the plans presented at this time would require a new filing. Martha Hogan made a motion to approve the plan and issue an Order of Conditions, seconded by Bob Crowley and approved unanimously. CONTINUED PUBLIC HEARING - 26 READ STREET This matter was continued until the next meeting of the Commission scheduled for October 13 , 1988. CONTINUED PUBLIC HEARING - 9 MARCH STREET COURT • Chairman Moran informed the members of the Commission that on September 8, 1988 a Public Hearing was held for this proposal involving the construction of two (2) single family homes and associated trenches for utilities at 9 March Street Court. A small portion of the proposed work is to take place in the Buffer Zone. Mr. Moran also noted that the Commission held a site visit on September 19, 1988. He also noted that the Board of Appeals issued a Variance and that plans have been filed with the Planning Board. Fred Harney asked where the material will be placed from the excavation for the foundation. The engineer stated that the material will be placed on the March Street Court side to eliminate the use of hay bales. Mr. Moran stated that he had concerns about the low water mark for the foundation. Richard Mailhoit stated that they would keep the foundation at 14.3 to meet the 100 year storm level. A motion was made by Harry Takis to close the public hearing seconded by Fred Harney and approved unanimously. Motion made by Martha Hogan to approve the plans and issue an Order of Conditions, seconded by Fred Harney and approved unanimously. DETERMINATION OF APPLICABILITY - 110 BAYVIEW AVENUE . Chairman Moran informed the members that this proposal. involves the s construction of a deck to the rear of the house at 110 Bayview Avenue. The (3) deck measures 16 feet in width and 10 feet in depth with an attached spiral staircase 5 feet in width. • Attorney William Lundregan addressed the Commission on behalf of Raymond McFarlane. He stated that the house is presently being sided and that they are requesting permission to construct a deck that would replace a porch which was the same size. He also stated that the McFarlane' s have lived there for many years and the neighbors are in favor of the deck. He also showed the members pictures of the area. Motion made by Martha Hogan for a Negative Determination seconded by Fred Harney and approved unanimously. OLD BUSINESS LORETTA AND RANDALL WIETING — 14 BUCHANAN ROAD Chairman Phil Moran recused himself from this matter and asked John Vallis to read the letter submitted by Donald Kent, Senior Environmental Scientist, from Gulf of Maine Research Inc. John Vallis read the letter, a copy of which is attached to these minutes. Donald Kent was also present at the meeting to clarify his position on the matter. He stated that he felt that the Commission may have misinterpreted his remarks regarding the issue of Mr. Wieting' s garden and he wanted to clarify that he sees no problem with the garden in relation to the adjacent salt marsh. • Steve Salvo addressed the Commission and stated that the area in question is encroaching on City property, namely a paper street. He noted that in 1906 a subdivision was approved and that Pierce Road is a paper street. Donald Kent addressed the Commission and stated that the issue of whether or not Pierce Road is a paper street is not a Conservation Commission issue but a Planning Board concern. Mr. Salvo also reported that Mr. Wieting installed a porch on his house and did not go before the Conservation Commission five years ago. Mr. Vallis stated that he was not sure of the time frame that the Commission had to do anything about that but he would check ..into it. Patricia Salvo stated that the assessors office has Mr. Wietings property listed as 1 Pierce Road. Fred Harney suggested that the Commission schedule a site visit to the area to see exactly what the issue is. Motion made by Fred Harney to schedule a site visit for Wednesday September 28, 1988 at 6:00 p.m. , seconded by Martha Hogan and approved unaniTously. The issue will be discussed at the next meeting of the Commission on October 13, 1988. SALEM BEVERLY BRIDGE PROPOSAL John Vallis read a letter from Donald Kent regarding the determination of • areas containing shell fish for the Salem/Beverly Bridge Project. He stated that the areas need to be defined to protect the areas when (4) construction of the bridge begins. He stressed that the Commission needs to define these areas and show proof that they exist in order to have them • protected. He noted areas he was aware of on a map and asked the Commission to proceed on the matter in a reasonable amount of time. Beth Debski will check into the matter of identifying these areas and report back to the Commission. 63 MEMORIAL DRIVE Mr. Cardella was present to answer questions concerning the status of the fill on his property. Phil Moran stated that he was under the impression that the City is waiting on a determination from DEQE on the status of the area from the Condominiums at Collins Cove to Mr. Cardella' s property so that the area can be cleaned up. Beth Debski will try to get in touch with DEQE to see where they stand on the situation. CERTIFICATE OF COMPLIANCE- 331 HIGHLAND AVENUE A Certificate of Compliance needs to be issued for 331 Highland Avenue, Beth Debski has been to the site and all is in compliance. Motion made by Harry Takis to sign the Certificate, seconded by Martha Hogan and approved unanimously. BY-LAWS • A copy of the by-laws was distrubuted to the members for their review. Mr. Moran stated that it was modeled after the City of Gloucester Conservation Commission By-law and he would like to discuss it at the next meeting. He asked the members to review it and make comments at the next meeting. There being no further matters to come before the Commission at this meeting, a motion was made by John Vallis to adjourn the meeting at 9:25 p.m. , seconded by Bob Crowley and approved unanimously. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CC092288 • • Conservation Commission . Minutes of Meeting October 13, 1988 A regular meeting of the Salem Conservation Commission was held on Thursday, October 13, 1988, at 7:30 p.m., One Salem Green, Second Floor Conference Room. In attendance were Chairman Philip Moran, Martha Hogan, Fred Harney, Bob Crowley and John Vallis. Also present was Staff Advisor Beth Debski. Harry Takis was absent. Order of Conditions - 26 Read Street On September 8, 1988, a public hearing was opened for this proposal involving the construction of a single family home, roadway, and associated utilities at the intersection of Read Street and Champlain Road, the proposed work is located within the Buffer Zone. Mr. Moran told Commission members that a concern had been raised at the site visit regarding the relationship of the house to the wetlands. Earle Townsend of T & M Engineering presented pictures to the Commission,showing an old concrete foundation with growth on top of it. Mr. Townsend told the Commission that this explained the wetland vegetation found outside of the flagged area. Mr. Moran asked what material the retaining wall would be constructed of. Mr. Townsend told the Commission that it would be masonry units or dry stone. There being no comments or questions, Fred Harney made a motion to close the public • hearing. Martha Hogan seconded the motion and the vote was unanimous. Fred Harney made a motion to issue an Order of Conditions with the following special conditions: 1. The concrete slab should be removed and taken off site. Z. Retaining wall shall be constructed of masonry units or dry stone, not paved concrete. Bob Crowley seconded the motion, and the vote was unanimous. Wieting's Garden Discussion Phil Moran recused himself from this discussion. John Vallis read a letter from Clayton Smith regarding the Wieting's garden on Pierce Road (See Attached). John Vallis told the Commission that he felt the Wieting's should file a Determination of Applicability with the Commission to put an end to this issue. Mr. Vallis further stated that the Commission should send a letter to the Planning Board and the City Council asking them who has jurisdiction over the use of the Paper Street (Pierce Road). Bob Crowley told the Commission that he felt Mr. Smith's concerns over the Wieting's garden should be addressed. Mr. Vallis then went through Mr. Smith's concerns one by one. Don Kent, the Wieting's . representative, answered on behalf of his clients. 1. Map - The Commission agreed that an Assessor's map depicting the buffer zone and the salt marsh would be adequate. • Z. Stakes - The Commission agreed that it was not necessary to stake out the garden because there are plans on file with the Commission and the Planning Board depicting the boundaries. 3. Soil Tests - The Commission agreed that soil tests were not necessary at this time. 4. Rights-of-Access - The Commission agreed that this is a Planning Board issue. 5. Liability - The Commission agreed that this is not an issue for them to decide. Mr. Vallis asked Mr. Kent to prepare the new plan at the same scale as the plans that are on file. Mr. Kent agreed to submit the required information on time for the Commission's next meeting. He further added that evidence should be presented by opponents of this project that damage to the wetlands is occurring. Steve Salvo asked if the sewer cover was covered by the garden. Mr. & Mrs. Wieting told the Commission that the sewer cover is in the garden area with a 1-134" buckwheat hull covering. The Commission will ask the City Engineer if there is a problem with this. Mr. Wieting told the Commission that he will mark the cover if necessary. Mr. Crowley told the Commission that the public hearing process was the best idea to settle this issue. • Mr. Salvo told the Commission that he thought the Planning Board should make a determination of whether or not there is any encroachment on City-owned land. Mr. Vallis told Mr. Salvo that the Commission would send letters to the Planning Board and the City Council regarding the private use of a paper street and ask them to take any actions necessary to protect the City's rights. Mr. Vallis also told Mr. Salvo that the Commission would request an opinion from the City Solicitor on this matter. By-Laws Commission members discussed the proposed by-laws based on the City of Gloucester By-Laws. John Vallis told the Commission that he had made some minor changes. Beth Debski told the Commission that she would have the changes made and give the By-laws to Mark Blair for submittal to the City Council and ask him to attach an Emergency Preamble. There being no further business, a motion was made by John Vallis to adjourn at 8:Z0 p.m. Fred Harney seconded the motion and the vote was unanimous. Respectfully submitted, • Beth Debski Staff Advisor M4ZWP Salem Conservation Commission Minutes of Meeting Thursday, November 10, 1988 A regular meeting of the Salem Conservation Commission was held on Thursday November 10, 1988 at 7:30 P.M. in the second floor conference room at One Salem Green. Those present were John Vallis, Fred Harney, Bob Crowley, Martha Hogan, and Chairman Philip Moran. Also present were Beth Debski, Kathy Wynn, and Eileen Sacco, Clerk. John Vallis called the meeting to order at 7:40 P.M. , and introduced the members of the commission to those present at the meeting. PUBLIC HEARING - 14 BUCHANAN ROAD Mr. Vallis informed the commission that at the last meeting of the commission a positive determination was made regarding this proposal concerning a garden located at 14 Buchanan Road. He • stated that the applicants, Randall and Loretta Wieting, have filed a notice of intent with the commission and they will present plans and information for the commission to review. Dr. Donald Kent from Gulf of Maine Research Inc. addressed the commission on behalf of the Wietings. He stated that they have filed a notice of intent and wish to be allowed to maintain the garden, He asked the commission for approval of the projsect end thy, order of conditions that have been corked—ouE Atl''the Planning Department staff. Randall Wieting, the applicant addressed the commission and stated that he put the garden in with the verbal approval of the Conservation Commission at the time that the South Salem Sewer project was completed. He said that there were to be improvements made as part of the project and that they were not done so he wanted to put a garden in. Clayton Smith of 27 Pierce Road asked to speak before the commission to clarify his position. He stated that upon reviewing the petitioners material he found that a statement in the documents which said Clayton Smith strongly urged the Conservation Commission to have Mr. Wieting remove the garden. He said that was not true - and that he has questions concerning the project but he has no opinion at this time. He also stated • that he was denied permission to build a house on a piece of property on Pierce Road by the Conservation Commission because Pierce Road does not exist. He read the decision of the Conservation Commission with regards to his proposal to build a house. Donald Kent apologized to Nr. Smith if he misused any of his statements. He said that his information came from discussions held at the Conservation Commission meetings. Loretta Wieting of 14 Buchanan Road addressed the Commission and stated that many people have spoken in favor of the garden and among the supporters of it are the Salem Historical Commission. She also said that she feels that the garden benefits alot of people. Charlie O'Donnell of 18 Buchanan Road stated that he is in favor of the garden and that he feels that the garden beautified the area. John Vallis asked if there was anyone present who wished to speak in opposition to the proposal. Joyce Salvo of 12 Loring Avenue addressed the commission. She said that she owns property on Pierce Road which abuts the Wietings' property. • "I expect, in the near future, to petition this board and the Planning Board to a develop a portion of Pierce Road so that I will be able to reach my property. I want to go on record as objecting to this petition for the following reasons: 1. The Wietings' notice in the Salem News was misleading. The notice stated gardens located on 14 Buchanan Road, which gives the impression of being property belonging to the Wietings. In fact, the gardens are located on the paper street, Pierce Road, which is city owned property. 2. I believe abut are supposed to be notified of Public Hearings. I am an abutter to the Wietings Property and was not notified. 3. The Notice of Intent filed by the Wietings, as of Tuesday, November 8, 1988 is inaccurate. In Part I, #1 Location: Street Address and Lot #, they had 14 Buchanan Road, lot # 318. The gardens are located on Pierce Road, City Owned Property, • in front of 1 Pierce Road, with no lot #. In question #5, the Property Owner, Telephone, and address were left blank. Why? -3- 4. Has the owner of the area in question, City of Salem, since it is not the person making such request, been given written notification of the project? 5. I would like to read a portion of a letter, addressed to me, from the Chief Assessor, Peter Caron, dated August 2, 1988, RE: Pierce Road: "Based on the available records in the Assessors Office, the road layout has been in existence on our tax records since the original subdivision plan was filed on August 1, 1907. At no time since then is there any indication that any part of the street layout has been removed and assessed as private property." Also if this petition is approved You will be allowing the applicants to use city owned land with out compensation to the city. • You will be extending the applicants property. And you will be setting a precedent. Ms. Salvo stated that these were reasons for objecting to the proposal and wished that he comments be recorded into these minutes." Donald Kent addressed the Commission and asked that he be allowed to respond to Ms. Salvo's comments. He said that with regards to #1, the applicants address is 14 Buchanan Road. He also stated that all abutters were notified in the Salem News of the Public Hearing. Beth Debski stated that publication in the News is notification, and that no other notification was necessary. He also stated that the information given on the Notice of Intent was accurate. He stated that the applicants address was used and that they are not claiming ownership of the property, they are asking for an Order Of Conditions to maintain the property. John Vallis asked for further questions concerning this issue. • Clayton Smith again addressed the Commission and asked why his letter dated September 26, 1988 to the Commission had not been addressed. -1- John Vallis stated that the =_tar seas aaaressec :z the 'last meeting of the commission tnd that ` ,e public :^Baring was the result of the action taken at the meeting. °e further stated that they have recuested an opinion on the ':,.attar from the city solicitor Iichael O'Brien and they are still waiting for that . Beth Debski noted that the City Solicitor is on vacation and that she would see about the opinion next week. John Vallis also slated that the issue before the Commission is to determine what impact the proposed and continued use of the I and has with regards to the wetlands protection act. There being no further comments from those in attendance, Donald Kent explained :'te ?roposed Order of Condit'-ons to the members. They are as follows: 1. Channelling of surface water runoff shall be prevented. • 2. No alterations of the natural vegetation area between the gardens and the salt marsh shall occur. 3. No biologically incompatible herbicides or pesticides shall be applied. 4. Organic nutrients should only be applied during the time of year that the vegetation is incorporating nutrients. 5. No significant changes the Barden configuration shall occur without written notification to the Salem Conservation Commission. There being no further questions concerning the matter, a motion was made by Bob Crowley to close the Public Hearing, Seconded by Fred Harney and approved unanimously. John Vallis declared the Public Hearing Closed. John Vallis stated that he felt that approval of the proposal was in order and that the order of condition be approved. ?lotion made by Fred Harney to approve the Order ^f Conditions as stated seconded by Bob Crowley, and approved unanimously. Clayton Smith stated that he could not see how the Commission • could approve this petition when he was denied approval to build a house in the area because it would encroach on a salt marsh. Patricia Salvo also voiced her objection to the approval of the proposal. Chairman Philip :.orae assumed the chair. �l�V DETERMINATION OF APPLICABILI?? AAR- Chairman Moran =nformed the Commission that -his -)roposal involved the :-aintenance and repair of approximately 150 cubic yards of washed rip-rap located at the Boston Gas CNG facie'-ty at 20 Pierce Avenue, off of Bridge Street. He said that the applicant will present plans to the Commission to review. Henry Chouinard addressed the Commission on behalf of Boston Gas. He showed the Commission '!embers pictures of `he area to be repaired. He explained the restoration process and described what was there before. Motion made by John Vallis to .-lake negative deter:.n.1nation, seconded by Fred Harney and approved unanimously. SESD DISCUSSION • Jim Ryan addressed the Commission on behalf of the South Essex Sewerage District with regard to an Order of Conditions issued by the Commission three years ago in relation to the Beverly Harbor project. He said that they were requesting modification of the special conditions imposed by the commission with regards to the tolerances of the bottom of the ocean where the dredging occurred. Chairman Horan stated that schen the Order of conditions was issued there -.as a :-amber, Paul Goeghen who had some very strong feeling concerning this proposal .•-.nd had great deal of input into the Order of Conditions. He said that ',e would be willing to grant condi;ionai approve'_ contingent on the review with Mr. Goeghen to see what he thinks. Motion .-.ade ')y John Vallis that the harbor bottom be in substantial compliance with pre-existing conditions at completion, and that evidence of compliance be submitted to the commission, seconded by Martha Hogan and approved unanimously. Motion made by Fred Harney to adjourn the :-eeting, seconded by Bob Crowley and approved unanimously. The meeting was adjourned at 3:45 P.M. RESPECTFULLY SUBMITTED • BY, ------------------------- EILEEN M SACCO CONSERVATION COMMISSION MINUTES OF MEETING DECEMBER 22 , 1988 A Regular meeting of the Salem Conservation Commission was held on December 22 , 1988 at 7 : 30 P.M. in the second floor conference room at One Salem Green. In attendance were Chairman Philip Moran, Martha Hogan, Bob Crowley, George Ahmed, and John Vallis . Also present were Kathy Winn, Conservation Administrator, Beth Debski , Staff Advisor, and Eileen Sacco, Clerk. Chairman Moran called the meeting to order at 7 : 30 P.M. and introduced the members of the commission and explained the procedures of the commission to those present. DETERMINATION OF APPLICABILITY - SALEM WILLOWS YACHT CLUB Chairman Moran informed the rest of the Commission members that this proposal involves making repairs to a 40 ' long pier at the Salem Willows Yacht Club and replacement of fuel piping and electrical conduit . This work is intended to repair damage which occurred during a recent storm. • John Hayes of 21 Fairmount Street, Salem, addressed the Commission on behalf of the members of the Salem Willows Yacht Club. He talked briefly of the club' s history and showed pictures of the storm damage that resulted from a storm on October 22, 1988 . He noted that they propose to replace the deck from the porch to the pier. He also told the Commission that the proposed construction would be wood. He also told the commission that they still need to go through the permit and approval process, and emphasized that they do not intend to take any short cuts on the project . He requested that the Commission grant a negative determination so that they may proceed with their project. Phil Moran asked if they would be adding anything to what was originally there . Mr . Hayes replied that they were simply replacing what was there and that there would be no additions . John Leclerc addressed the commission and stated that he is registered with DEQE and gave his assurance that everything would be in compliance with regulations . . .Ralph Hobbs of 7 Larchmont Road, Salem, addressed the commission and stated that he has been a member of the club for fifty five years and that they have not ever received any compensation from the city or any agency and that the members have always paid for everything themselves . 2 • Ed Moran of 118 Columbus Avenue stated that if the pier is not rebuilt, about 200 people will be looking for places to put their boats . Councillor at Large Donald Bates of 1 Oak Street stated that he is a member of the club and that the club had solid management and the members are all good people. Ward Six Councillor Sarah Hayes of 21 Fairmount Street stated that she had been a member of the club for twenty two years and she feels that the club is an asset to the community. Motion was made by John Vallis for a negative determination for the proposal seconded by Martha Hogan and approved unanimously. REQUEST FOR RELOCATION OF WETLAND REPLICATION SITES - FAFARD COMPANIES Chairman Moran informed the rest of the commission that the applicant, the Fafard Companies is requesting to relocate approved compensatory areas #4 and #7 to a new site area #8 . Ron Killian addressed the board on behalf of the Fafard Companies . He • stated that area #4 contains red maple trees, grapevines, and lawn along Whalers Lane which they would like to preserve. He also stated that area #7 comprises 10-15 feet of wooden ledge adjacent to Highland Park, and that red maple, red oak, paper, birch and white pine comprise the canopy layer . He also noted that the new area #8 that they are proposing to replicate is 7 , 500 square feet, which is 389 square feet more than the original plan. George Ahmed asked Mr. Killian to clarify the replication process for him. Mr. Killian stated that they would drop the water flow about a foot. Mr. Ahmed asked if any vegetation would be affected by this and Mr. Killian stated that there are presently cat tails on the site and that he hoped that they would continue to thrive. John Vallis asked if there would be any change to the water current . Mr. Killian stated no. George Ahmed asked if there would be any change to the water level or a shift in the water table. Mr. Killian stated no and explained possible reactions that might be. Motion made by Bob Crowley to send a letter to DEQE stating that the Commission. has no opposition to the proposed relocation seconded by John Vallis and approved unanimously. n • 3 DETERMINATION OF APPLICABILITY - AMTRACK This matter was postponed until the next meeting of the Commission. Chairman Moran explained that he has some concerns about the areas outlined by Amtrack to be sprayed and not sprayed. Kathy Winn stated according to a Salem New article, that the Ipswich and Beverly and Manchester Conservation Commissions voted to deny Amtrack the right to spray along the tracks in their towns . George Ahmed asked how something like that would be policed and Phil Moran explained that an Order of Conditions would be issued by the Commission that they would have to abide by and a certificate of compliance would be issued stating that the work was done in compliance with the Order of Conditions . OLD BUSINESS There were no matters to be discussed by the Commission at this meeting. • NEW BUSINESS Chairman Moran stated that someone had reported him to the State Ethics Commission for writing a letter on behalf of the Phoenix School from the Commission when his son is a student at the School . He said that he had been in touch with the Ethics Commission and they have requested a copy of the minutes of the meeting at which the request was discussed. Beth Debski stated that she had researched the minutes and could find nothing relating to the matter. Eileen Sacco stated that she recalled the discussion and would check her notes and report back to Phil Moran. Beth Debski stated that Ellen DiGeronimo will be present at the next meeting to bring the Commission up to date on the status of the Salem- Beverly Bridge. George Ahmed asked if there was a map that showed the areas of the city that are Conservation Areas . Phil Moran stated that there was and explained some of the functions of the commission. • 4 APPROVAL OF THE MINUTES The minutes of the meeting of September 8 , 1988 were presented to the commission for their approval . Motion made by Bob Crowley to approve the minutes of the meeting of September 8 , 1988 seconded by Martha Hogan, and approved unanimously. The minutes of the meeting of November 10, 1988 were presented to the Commission for their review and approval . Motion made by John Vallis to approve the minutes of the meeting of November 10, 1988 seconded by Martha Hogan and approved unanimously. Motion made by John Vallis to adjourn the meeting seconded by Martha Hogan and approved unanimously. The meeting was adjourned at 8 : 30 P .M. RESPECTFULLY SUBMITTED BY EILEEN M. SA00O • ._..._.__._._.6861.__._._. _