1989-CONSERVATION COMMISSION SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JANUARY 12 , 1989
A Regular meeting of the Salem Conservation Commission was held
on Thursday, January 12 , 1989 , at 7 : 30 P. M. in the Second floor
conference room at One Salem Green.
Those present were Chairman , Philip Moran , John Vallis, George
Ahmed, Fred Harney, Bob Crowley and Martha Hogan . Also present
were Kathy Winn, Conservation Administrator and Eileen Sacco,
Clerk.
The meeting was called to order at 7 : 30 P.M. by Chairman, Philip
Moran .
PIONEER VILLAGE•
Peter LaChape.11.e from the National. Park Service addressed the
Commission concerning some work that they are planning to do to
the -pond at Pioneer. Village. He stated that the pond in its'
•
original configuration was about 1/3 the size that it is today.
He said that, they intend to drain and rebuild the banking and
install a new drain pipe . He also noted that heavy rains or a
Northeast storm cause :flooding in all of the buildings.
Phil Moran asked if they were simply going to reduce the size of
the pond from what it is now. Mr. LaChapel..l.e stated yes.
Mr . Moran also asked if he had any plans for the project . Mr.
LaChape.ile stated. that he has plans that show the original
configuration of the pond..
George Ahmed asked if the present size of the pond attracted any
other forms of wildlife. Mr. LaChape.11e stated no .
Phil. Moran asked what the approximate time frame for the project
would be. Mr. LaChapelle stated that he has a contractor ready
to begin as soon as the approval process is complete.
Phil Moran suggested that they file a Notice of Intent , so that
the commission could act on this at the next meeting.
George Ahmed asked if a site visit would be held so that they
could view the area. He said that he would like to see the area
before the next meeting. John Vallis agreed. Chairman Moran
suggested that, all of the member make a site visit at their
convenience before the next meeting.
• SALEMZEVERLY_BRIDGE
Ellen DiGeronimo from the State Department of Public Works was
present at the meeting to review and discuss plans for. the Salem
• Beverly Bridge with the members of the Commission . She
introduced Bob Joseph, from Edwards/Kelsey, Joy Ryan Legal
Counsel for the project, and Hugh Mulligan, Consultant.
Bob .Josephs reviewed the plans and layout of the proposed two
mile road. He also showed photographs indicating areas of Salem
and Beverly that will be affected.
Phil. Moran asked about the status of the See Side Eye Clinic.
Ellen DiGeronimo stated that they are presently using the
building for office space for the project and she thinks that the
City of Beverly wants to maintain the building for the
Harbormasters office.
Mr. Josephs also distributed fact sheets to the members detailing
the impact to the wetlands disturbed by the project.
Would ted-she,4
Mr. . Josephs also .noted that it was difficult o find locations
for the mitigation to replace the 7 acres tha . He noted that a
location along 195 in Saugus was the best site so far. He noted
that it is in the same river system and that they would take a
portion of it and make an island with a bird sanctuary effect.
He also noted that the', area along the North River Canal is to be
• made into a Linear. Park by dredging 30 , 000 yards in the 80 foot
area between the road and the North River Canal . He noted that
area presently has solid waste class two and three . He noted
that by doing this they would make a pleasant area out of an
unpleasant area.
.Phil Moran stated that he was concerned that some of the waste
could leech back into the North River. He suggested removing the
waste and bringing in 30, 000 yards of clean fill from the Saugus
site.
George Ahmed asked what effect the filling would have on the
ocean water. Mr. Josephs said that it would have a minuscule
effect on the water.
John Vallis asked if there were any plans for, the Mason Street
side of the canal. . Mr. Josephs stated that there are no plans at
the present time.
George Ahmed asked what the approximate time frame of the project
would be. Ellen. DiGeron.imo stated that they hope to have all of
their permits by the end of 1989 . She also said that if they get
the areas approved for mitigation she would :Like to start them
soon since they are offsite. She also explained where the
project stands in terms of Design Development.
• Joy :Ryan explained that some of the legal procedures that they
must go through in relation to the approval process .
George Ahmed asked if the funding for the project had been set
• aside or if the funds could be frozen. Ellen Di.Geroni.mo stated
that the money is coming from Urban Systems Funds and Bridge
Replacement Funds and that there should be sufficient money
within the frame work of the project.
George Ahmed. asked what the plans were for the existing bridge.
Ellen DiGeroni.mo stated that there are many ideas for the future
of the bridge, and it was her understanding that the City of
Salem would like to keep the bridge.
There being no further questions by the members present, Phil
Moran thanked those present for their time.
OLD/NEW_BUSINESS
Phil. Moran stated that at the last meeting he requested that
Eileen Sacco check her notes from the meeting of September 22,
1988 with regards to the conversation concerning the Phoenix
School . Eileen reported that she had nothing regarding this
matter in her notes although she did recall the conversation.
John Vallis presented an affidavit to the members of the
Commission detailing the conversation, to be given to the State
Ethics Commission, which was signed by all members who were
present at the September 22, 1988 meeting.
Phil Moran stated that he had been contacted by Councillor George
Nowak concerning Haywards Boatyard. on Winter Island Road. He
stated that it seems that the boatyard has expanded and filled in
a culvert that used to go from the boatyard to the Smith Pool. .
He suggested that they take a look at it to determine what action
should be taken.
Kathy Winn reported to the Commission that Clayton Smith and
Joyce Salvo have 'both received letters from DEQE rejecting their
appeals .
APPROVAL OF MINUTES
Motion made by John Vallis to approve the minutes of the December
22, 1988 meeting seconded by Bob Crowley and approved
unanimously.
Motion made by George Ahmed to adjourn the meeting seconded by
Martha Hogan and approved unanimously. The meeting was adjourned
at 9: 30 P.M.
RESPECTFULLY SUBMITTED BY;
EI SACCO. CLERK
•
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
JANUARY 26, 1989
A Regular meeting of the Salem Conservation Commission was held
on Thursday, January 26, 1989 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman Philip Moran, Fred Harney, Martha Hogan,
Bob Crowley, George Ahmed, John Vallis and Richard Femino. Also
present were Kathy Winn, Conservation Administrator, and Eileen
Sacco, Clerk.
The meeting was called to order at 7:30 P.M. by the Chairman,
Philip Moran.
NOTICE OF INTENT - TOWN OF SWAMPSCOTT
Chairman Moran informed the Commission members that the Town of
Swampscott has filed a Notice of Intent for work involving clean-
up and bank stabilization adjacent to a compost site located off
Essex Street on the Swampscott/Salem line. Filing a Notice of
Intent before the Conservation Commission in Swampscott and Salem
is required under a Consent Decree between the Town of
Swampscott, the Environmental Protection Agency and the
Commonwealth of Massachusetts. He noted that a joint Order of
Conditions regarding work at this site was issued last spring by
both Commissions.
Mr. Donald Brewer, Superintendent of the Swampscott Department of
Public Works, was present to address the Commission with regards
to the project. He reviewed the History of the project stating
that last May a Notice of Intent was filed and approved with
Special Conditions. He noted that at the time there concerns
that the site, a small area behind a Cemetery was being used as
land fill. He said that testing had been done and that DEQE had
determined that the site is not a landfill. He noted that they
would be installing locks, removing concrete, regrate the area
and create a Natural Irrigation System, as well as perform water
testing and begin a monitoring program.
Phil Moran asked if this work would be the end of the Compost
Site. Mr. Brewer replied yes. Phil Moran also asked if the site
was eventually going to sink on its own weight. Mr. Brewer said
that he did not think that would happen. Phil Moran also asked
• if this site would become part of the Cemetery. Mr: Brewer
replied that there are no plans for that at this time.
Phil Moran asked if any of the Commissioners had any questions
concerning the project.
George Ahmed stated that he was not familiar with the area and
Phil Moran explained the location of the site. George Ahmed also
requested that copies of the results of the testing performed be
sent to the commission for their files.
Phil Moran also requested a copy of the Consent Decree. Mr.
Brewer said that both items would be forwarded to the Commission.
.I .
Motion made by John Vallis to approve the Notice of Intent,
seconded by Bob Crowley, and approved unanimously.
NOTICE OF INTENT - PIONEER VILLAGE
Chairman Moran informed the members that at the last meeting of
the Commission, Peter LaChapelle of the National Park Service,
made an informationa\ presentation to the commission regarding
drainage work to be undertaken at Pioneer Village. At the
Commissions' request, the National Park Service and the Salem
Planning Department have filed a Notice of Intent for the project
which involves the repair and replacement of an existing pipe
from a man-made pond located adjacent to Pioneer Village, to the
tidal low water mark.
• Peter LaChapelle from the National Park Service and Will
Beaulieu, Clerk of the Works for the Salem Planning Department
addressed the commission. Will Beaulieu stated that the plans
call for simply replacing in kind what was previously there. He
said that the pipe was previously there had been removed sometime
ago, and as a result the pond has built up. He said that the
plans call for the installation of PVC pipe that will have a .
flapper with a one way valve at the end, to prevent excess sand
in the pipe. He also showed the members photographs of the area.
Richard Femino asked how far the pipe will go. Will Beaulieu
stated that the original pipe was 90 feet and that they would
probably go another 20 feet. He also said that the project would
cause minimal disturbance.
George Ahmed asked how the park manager would know when to lower
the pond. Will Beaulieu stated that the appropriate level for
the pond should be determined.
Richard Femino expressed concern that in the hot summer months
there could be a problem with toxic algae. Peter LaChapelle
stated that the Board of Health could do some testing and that
they would monitor the bacteria.
• Phil Moran suggested that the ideal elevations for the pond
should be determined to avoid future problems. He noted that if
there is a set elevation at which to the keep the pond, it would
also give an idea as to when to lower the pond. He also noted
that if the pond is not maintained, a wetland would be created.
Richard Femino asked what the position of the pipe would be.
Will Beaulieu stated that the pipe would be positioned the same
before, right along the bottom, straight so it would not disturb
the bottom. Richard Femino suggested that the pipe should be
elevated so that there would be a better pitch for a flushing
effect.
Phil Moran asked Will Beaulieu to research the ideal elevations
of the pond and the elevations as to where the pipe is to begin.
Motion made by Fred Harney to Close the Public Hearing, seconded
by Richard Femino and approved unanimously.
The Commission will discuss the elevations and determine the
ideal elevations for the pond at the next meeting.
DETERMINATION OF APPLICABILITY- AMTRACK
Phil Moran informed the members that this request for a
determination is submitted in accordance with 333 CMR 11:00,
which stated the regulations for Rights of Way Management in
Massachusetts. He noted that the proposed work entails herbicide
• application along a portion of Amtrack's railroad line. The
request for determination is for wetland delineations performed
along the track by Sanford Ecological Services, Inc. He also
noted that a site visit was made by the Commissioners in July
1988.
Susan Miller from Sanford Ecological Services addressed the
commission concerning this project. She stated that the tracks
have been marled for permanent markers, designating areas to be
sprayed or not sprayed.
Richard Femino asked for clarification of the project for the
members that are not familiar with the project.
Susan Miller stated that under new regulations rail roads are
required to identify sensitive areas, and that wetlands within
100 feet of the tracks are considered limited spray areas.
Phil Moran expressed concern that Rosie' s Pond is not designated
as a no spray area. Susan Miller stated that she was not present
at the site visit, however she did have the notes from the person
who did the visit, and reviewed it with Phil Moran. Phil :•loran
stated that Rosie's Pond should be designated a no spray area.
George Ahmed asked if there was a buffer zone between spray and
• non spray areas and Susan Miller replied yes there was. George
Ahmed also asked what the composition of the spray would be. Ms.
Miller responded that it has not yet been determined. She
further stated that at this time they are concentrating on having
the wetland boundaries set and approved.
John Vallis asked if the operational plan included guidelines
for spraying within the correct areas. Susan Miller stated that
she was not sure but would find out.
Phil Moran asked if there were any questions from the members.
There being no further questions from the members he asked for a
determination, noting that a negative determination would
approve the plan as is and he would like to see Rosie's Pond
designated as a no spray area.
Susan Miller cited CMR 310 1005.3 which stated that Amtrack is
exempt from filing a Notice of Intent. She also stated that she
would include Rosie's Pond as a non spray area.
Motion made by John Vallis for a negative determination with the
following conditions:
1. That the plan is revised to delete Rosie's Pond as a spray
area.
2. That the markers are placed in accordance with the revised
• plan deleting Rosie's Pond as a spray area.
The motion was seconded by Martha Hogan and approved unanimously.
OLD BUSINESS
George Ahmed stated that the culvert on Winter Island road near
Hayward Boat Yard seems to be filled in. Phil Moran asked Kathy
Winn to contact Mr. Hayward and have him come to the next meeting
to determine if he filled in the culvert and why he did it.
Phil Moran also asked Kathy Winn to contact DEQE and check the
status of the Mackey property on Broadway.
Phil Moran reported on his meeting with the State Ethics
Commission and stated that they requested a copy of the minutes
to the meeting of September 22, 1988. He noted that he had given
them newspaper articles and other documents and the lawyer wanted
to complete the file.
George Ahmed asked Phil Moran if he had a chance to review the
language on the Ordinance concerning sewers. Phil Moran said
that he would check on it .
Phil Moran stated that we now have an ordinance and as a result
we now have to notify abutters of Public Hearings. He suggested
that we use the same process as the Board of Appeals. Kathy Winn
stated that she could give the addresses to the Assessors office
and they would provide a list of abutters.
Kathy Winn stated that DEQE will have a site visit at Salem State
College on' Tuesday, January 31, 1989 at 1:00 P.M. John Vallis
Bob Crowley stated that they would attend the meeting.
Phil Moran welcomed Richard Femino to the Commission, noting that
Mr. Femino had previously served on the Commission.
Phil Moran stated that he had received a letter from a Mr.
Richard Treadwell expressing concerns over the new Salem/Beverly
Bridge. He noted that the letter said that another environmental
Impact Study should be performed because the project has been
reduced 60% since the study was done in 1975.
Kathy Winn reported that she has received a Certificate of
Compliance from Lawrence Green for the project on 441 Lafayette
Street, as specified in his Order of Conditions.
APPROVAL OF THE MINUTES
Motion made by John Vallis to approve the minutes of the meeting
of January 12, 1989, as amended and approved unanimously.
Motion made by Martha Hogan to adjourn the meeting, seconded by
• Fred Harney and approved unanimously.
The meeting was adjourned at 8:45 P.M.
RESPECTFULLY SUBMITTED BY;
--------------------------
EILEEN M. SACCO, CLERK
•
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 23, 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 23, 1989 at 7:30 P. M. , in the second floor
conference room at One Salem Green.
Present were: John Vallis, Bob Crowley, George Ahmed, Richard
Femino, and Fred Harney. Also present were Kathy Winn,
Conservation Administrator and Eileen Sacco, Clerk. Absent were
Chairman Phil Moran and Martha Hogan.
In Chairman Phil Moran's absence, John Vallis suggested that a
vote be taken to appoint an acting Chairman for this meeting.
Motion made by George Ahmed to appoint John Vallis Acting
Chairman for this meeting, seconded by Richard Femino and
approved unanimously.
PUBLIC HEARING - DION'S YACHT YARD
• John Vallis informed the commission members that the owners of
Dion's Yacht Yard located at 23 Glendale Street have filed a
Notice of Intent for maintenance dredging at approximately 8,000
cubic yards of material to the originally dredged depth of -8.0'
MLW at the Dion boat basin and channel.
Attorney George Atkins addressed the commission on behalf of the
owners of Dion's Yacht Yard. He stated that they intend to have
maintenance dredging of approximately 8,000 cubic yards of
material as stated in the Notice of Intent. He also noted that
the last time the area was dredged was twenty years ago and a
gradual siltation process caused by the tide prevents boats from
getting to the docks at certain tide levels. He also noted that
the application is on file with DEQE and that they will are
awaiting local approval of the Conservation Commission and the
Planning Board in order to issue a ruling.
Richard Femino asked where the disposal site would be for the
material that is dredged. Jim Stalecki, the engineer for the
project, stated that the designated site for disposal is located
about' sixteen (16) miles from the project. Attorney Atkins
further stated that DEQE is concerned about disposal and only use
land disposal as a last resort.
John Vallis asked if the offshore disposal indicated that there
• is less contamination than that which would be disposed of on
land. Mr. Stalecki stated that contamination regulations require
sea disposal as opposed to land disposal.
George Ahmed asked for an explanation of the process of dredging
and the type of equipment that is required for the project. Mr.
Stalecki reviewed the plans with the commission.
George Ahmed asked how long the project would take to complete.
Mr. Atkins stated that it would take approximately 4-6 weeks to
complete.
John Vallis asked when the project would commence. Mr. Atkins
said that it is scheduled to start in the late fall (Nov or Dec) ,
and noted that DEQE allows dredging at certain times of the year.
Richard Femino asked if the channel would remain the same and Mr.
Atkins responded yes.
John Vallis asked if there would be any disturbance of Sea life
from the project. Mr. Stalecki stated that there could be some
disturbance of shellfish, but only in that area.
Mr. Stalecki stated that Bioassay Testing has been done by an
outside firm which tested for sediments and those at the disposal
• site and the results of the test indicated that there is no more
contamination than in the disposal area.
George Ahmed asked if there would be a noise factor to be
concerned about during the project. Mr. Atkins stated that the
hours of operation would probably be the same as the hours of
the yacht yard. He also noted that he has a good relationship
with the neighbors and does not expect any problems.
George Ahmed .asked what the depth would be after dredging. He
said that it would be about 8 feet below MLW.
John Vallis asked if there was anyone present at the hearing who
wished to speak in favor of the proposal.
There was no response.
John Vallis asked if there was anyone present at the hearing who
wished to speak in opposition to the project.
There being no further questions from the commission or those in
att6ndance, a motion was made by George Ahmed to close the public
hearing, seconded by Richard Femino, and approved unanimously:
Motion made by George Ahmed to approve the [totice of Intent for
Dion's Yacht lard for Maintenance Dredging and issue an Order of
• Conditions, seconded by Richard Femino and approved unanimously.
WINTER ISLAND YACHT YARD - PETER HAYWARD
John Vallis informed the commission that they had received
reports regarding the filling in of a culvert located at the
Winter Island Yacht Yard and had requested that Mr. Hayward
appear before the commission to inform the members of actions
taken at this location to determine if further action by the
commission is required.
Peter Hayward, owner of the Winter Island Yacht Yard, was present
at the meeting to address the concerns of the commission. He
showed the commission a plot plan of his property and showed them
where the lines where. He also said that he had a verbal
agreement with his neighbor Mrs. Ballou that he could use a
portion of her property. He said that at one time he approached
her about purchasing the section of property but that she said
that he could use it.
Mr. Hayward stated that the culvert in question was filled in by
the city about 10 years ago when they replaced a pipe. He said
that he did not recall any of the details of the project such as
who the contractor was.
George Ahmed asked that Kathy Winn research the project and see
if the proper approvals were granted at the time and the reason
that the culvert was filled in.
• There being no further information needed from Mr. Hayward the
commission thanked him for attending.
OLD BUSINESS
Kathy Winn distributed a copy of a letter addressed to EEOA with
regards to the Proposed Dormitory for 350 students at Salem State
College. She asked the members to read '_t and 7ote to approve
sending the letter to EEOA. (A copy of this letter is attached
to these minutes.)
Bob Crowley asked if Salem State was exempt from the Wetlands
Protection Act. Paul Willis, an associate member of the
commission, stated that he did not believe that they were exempt
from it.
Motion made by Bob Crowley to send the letter to EEOA seconded by
Richard Femino and approved by the commission. Fred Harney voted
present on the matter.
Kathy Winn also informed the commission that she had received a
letter from Mr. Michael Beatrice requesting guidance with regards
to a project that he has to do per order of the Board of Health,
at his property located at 29-35 Station Road.
• George Ahmed suggested that Mr. Beatrice present some plans to
the commission before any work proceeds and at that time the
commission should review it and issue and Order of Conditions.
NEW BUSINESS
i
George Ahmed requested that the members be given sufficient
information on projects before the meeting so that the members
can review it and have time to have any questions answered that
they may have. Kathy Winn stated that she sends memos to the
members but that a filing deadline before each meeting does not
leave much time to get information to the members. She noted
that the Planning Department Office is open until 7:00 P.M. on
Thursday Nights and that if the members wished to come in early
before the meetings they could review the material.
Paul Willis addressed the board and informed them of the status
of the Salem/Beverly Bridge. He said that another environmental .
impact study must be completed due to the changes made since the
original study for the bridge was done. He noted that a private
citizen has called for this action.
APPROVAL OF MINUTES
Motion made by Fred Harney to approve the minutes of the meeting
of January 26, 1989, seconded by Bob Crowley, and approved
unanimously.
• Motion made by Bob Crowley to adjourn the meeting, seconded by
George Ahmed, and approved unanimously.
The meeting was adjourned at 9:00 P.M.
RESPECTFULLY SUBMITTED BY;
----------------------------
EILEEN M. SACCO
CLERK
•
JON C0,4 i
C- ? Conservation 'on
Salem. Massachusetts 01970
�yNASS r� February 23 , 1989
John De Villars; Secretary
Executive Office of Environmental Affairs
100 Cambridge Street
Boston, MA 02202
RE: Project Name: Dormitory for 350 Students
Project Location: Salem
E.O.E.A. Number: 6509
Project Proponent: Mass . State College Building
Dear Secretary De Villars :
On August 14 , 1988 a public hearing was held by the
Conservation Commission of the City of Salem with respect to the
above referenced project. The proponent presented its case to
the Commission and several opponents also presented their views .
On April 23 , 1988 a site visit was held at the project and again
• each side presented their views. At that site visit, it was
apparent to several members of the Commission that significant
changes had been made to wetlands since the last site visit some
three years before. Despite repeated questioning, the proponents
denied any significant changes . In addition, it was obvious that
the proponent intended to construct a parking lot within twenty
five feet of the Forest River, and do significant work within the
buffer zone of that river .
On April 28 , 1988 the Commission denied the proponents '
application for an Order of Conditions because of the concerns
stated above plus , the proponents ' failure to have any evidence
as to what affect the proposed project would have on the wildlife
in the area that the neighbors stated were abundant in the
region.
The proponent appealed the decision of . the Commission to
D.E.Q. E. shortly thereafter .
On January 31 , 1989 a site visit was held at the site by a
representative of D.E.Q.E. for the purpose of determining whether
a superseding order should be issued. During the presentation by
the City, the Chairman of the Conservation Commission stated that
it was the City' s position that it was a major project which
would have a significant negative impact on the wetlands by
• reducing wetlands wildlife habitat and the Forest River
Conservation Area, the major Conservation preserve of the City
and one that is considered to be of critical environmental
concern both to the City of Salem and the Town of Marblehead.
The Chairman then stated that the proponent had failed to file an
E.N.F. or E. I .R. and felt that both were necessary and required .
At that time , he was interrupted by one of the proponents who
• indicated that an E.N.F . had been filed and an E. I . R. had been
waived by the Secretary.
The rest of the site visit is irrelevant to this letter but
a review of the records of both the Conservation Commission and
Planning Department of the City of Salem indicate that no E.N.F.
was ever filed with either board by the project proponent. As
you are aware, this is a violation of 301 C14R 11 . 24 (2) (b) and,
as set forth in 301 CMR 11. 04 (1) , may require an extension or
repetition of the E.N.F. review.
In view of the fact that the City of Salem never received
any formal notice of the E.N.F. or a copy of the request for a
waiver for a E.I.R. , a fact that you obviously would not be aware
of, and because of the critical environmental nature of this area
(despite the proponents ' statements to the contrary) , we, the
City Council of the City of Salem and the Conservation Commission
of the City. of Salem, hereby request under the requirements of
301 C14R 11 .03 (6) that a new E.N.F. procedure be commenced. We
believe that the reasons set forth in subparagraphs 1 and 2 (a) ,
(b) , ; 3 and 4 of 301 CMR 11 .03 (6) as well as the failure to
publish properly should be sufficient to require same .
In addition, we would request that you require an E. I.R. be
filed in compliance with 301 CMR 11.06 (1) and (2) . Our belief
• is that if the E.I .R. is properly filed you will then be able to
designate the project as a major and complicated project as
defined in 301 CMR 11 . 12 and/or identify, designate and protect
said area as an area of critical environmental concern as set
forth in 301 CMR 11 . 15.
We feel that the proponent_ has considered compliance with
the rules and regulations as well as the Wetlands Protection Act
N.G. L . Chapter 131 , Section 40 as nothing more than a nuisance
and one that they could ride roughshod over . However, with your
assistance we hope to be able to enforce these rules , regulations
and statutes and compel the proponent to respect our critical
environmental areas as much as we do .
Thank you for your anticipated courtesy and cooperation.
Very truly yours ,
City Council
By
Conservation Commission
By
•
t
i
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
MARCH 9, 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 9, 1989 at 7: 30 P.M. in the second floor
conference room at One Salem Green.
Present were : Chairman Philip Moran, Bob Crowley, Martha Hogan,
Richard Femino, George Ahmed , and John Vallis . Absent was Fred
Harney . Also present were Kathy Winn, Conservation Administrator
and Eileen Sacco, Clerk.
CERTIFICATE OF COMPLIANCE 18-20 KOSCIUSKO STREET
Mr. Dennis Helmar was present at the meeting to ask the Commission
to grant a Certificate of Compliance on his property located at
18-20 Kosciusko Street . He stated that the Certificate of
Compliance was part of an order of Conditions issued by the
Salem Conservation Commission in July of 1979 and had apparently
been overlooked during a title search performed when he purchased
• the property seven years ago. He stated that he is presently
selling the property and became aware of the Order of Conditions
when the title search was performed for this sale.
Phil Moran stated that he received a call from Mr . Helmar ' s
Attorney, Thomas Alexander and was made aware of the situation.
He noted that since the work was performed by the previous owners
he suggested that the architect or engineer for the project sign
an affidavit saying that the work was done in compliance with the
Order of Conditions . He said thatJim Ballou did the drawings for
the project but did not supervise the work so he could not attest
to the work performed , which was to entail filling in an old cellar
and putting a concrete slab over it. Mr . Helmar provided an
affidavit from the previous owner , J. Chappin, which was read at the
meeting by Phil Moran, and a copy of wich is on file in the Planning
Department.
Motion made by John Vallis to approve the Certificate of Compliance
of 18-20 Kosciusko Street , seconded by Bob Crowley and approved
unanimously .
CLERK OF THE WORKS REPORT - WILL BEAULIEU
PIONEER VILLAGE
• Will Beaulieu reported to the Commission that the Engineering
Department has determined the elvation of the pond at Pioneer
Village to be 10. 9 . He also stated that the plans for the project
remain the same as previously reported except that the mechanical
manhole had been changed to a manual one .
2 .
HAYWARDS BOAT YARD
Will Beaulieu reported that he had visited Haywards Boat Yard
concerning the complaints received by the Commission of a culvert
being filled in. He said that he noted a direct catch basin
outfall for storm drainage and some old granite curb that was
probably moved in by the city when the sewer line was put
through the boat yard . He said that he did not see any evidence
that the culvert had been filled in by Mr. Hayward .
OLD BUSINESS
Phil Moran reported that the State Ethics Commission had determined
that there was no unethical conduct found with regards to his
writing a letter from the Conservation Commission endorsing the
Phoenix School ' s proposal to purchase the library.
25 Linden Avenue - Request for Extension Of Pool Permit
Kathy Winn reproted that she had received a request from James
. Kiernan of 25 Linden Avenue for an extension of the permit
issued to him for the construction of a swimming pool .
George Ahmed asked how many extension can be granted for a permit .
Phil Moran explained that there is no limit and when a permit
expires an extension can be requested .
Motion made by John Vallis to approve the extension of the permit
for the construction of a swimming pool at 25 Linden Avenue,
seconded by Richard Femino and approved unanimously.
COMPLAINTS
Kathy Winn reported to the commission that she had receive some
complaints on various properties in the city. She stated that
she received a phone call concerning Pummell Comstruction , that
they had sand and salt pile which seem to be encroaching on
wetlands vegitation. She said that the complaint also mentioned
that there are trucks running late at night and that power washing
of the trucks is taking place on the property.
Phil Moran asked who the pwner of the property was . Kathy Winn
informed him that the land is owned by John Bertini and the company
is owned by Paul LeBlanc. He suggested that a cease and desist
order issued .
George Ahmed suggested that Mr . LeBlanc be asked to attend a
meeting to address the complaints . Phil Moran also requested
that John Bertini be asked to attend as well .
3 .
LINDEN AVENUE
Kathy Winn reported that she also received complaints that there
is someone dumping into the pond at Linden Avenue and Peter Road .
She said that there is no ID on the trucks and that there are
signs in the area posting No Trespassing and Private .
Phil Moran stated that Bob Bouchard owns a Construction Company
and lives there. He suggested that Mr . Bouchard be asked to
attend the next meeting to address this issue .
MACKEY PROPERTY
Kathy Winn reported that the status of the Mackey Property should
be decided By DEQE within the next month.
Phil Moran suggested that the members of the Commission make
a visual inspection of the area before the next meeting so that
the commission can determine how to proceed .
. NEW BUSINESS
George Ahmed informed the commission that there are pilings in
the water behind the Chase House, and asked if the commission was
aware of them. Phil Moran stated that permission was granted
for the project by the commission last July and that the work
should be completed by the end of April .
APPROVAL OF MINUTES
Motion made by John Vallis to approve the minutes as submitted
to the meeting of February 23 , 1989, seconded by George Ahmed ,
and approved unanimously.
There being no further business to come before the Commission,
a motion was made by John Vallis to adjourn the meeting, seconded
by Richard Femino, and approved unanimously.
The meeting was adjourned at 8 : 30 P.M.
RESPECTFULLY ;SUBMITTED BY:
EZLEEN M. SACCO, CLERK
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
MARCH 23, 1989
A regular meeting of the Salem Conservation Commission was held on
Thursday, March 23, 1989 at 7:30 P.M. in the second floor conference
room at One Salem Green.
Present were: Chairman Philip Moran, Robert Crowley, Fred Harney,
Martha Hogan, John Vallis, George Ahmed, and Richard Femino. Also
present were Kathy Winn, Conservation Administrator, and Kim Lord of the
Salem Planning Department.
The meeting was called to order at 7:30 P.M. by the Chairman, Philip
Moran.
Enforcement Order — Paul Leblanc, Pumel Enterprises, 284 Canal Street
The first order introduced by Chairman Moran concerned Paul Leblanc, of
Pumel Enterprises. Phil Moran stated that the Commission has received
complaints of truck washing and storage in a wetland, and the observance
of wetlands being plowed back.
Mr. Paul LeBlanc was present to address the Commission, and stated that
he used the property for storage of his trucks only.
Chairman Moran noted he had seen trucks being washed outside of a fenced
• in area on the property. He inquired into the length of time Mr.
Leblanc had been leasing the property and asked how many trucks he
stored there. Mr. LeBlanc replied he had been using the property as
storage for four years and he presently has seven trucks there.
Chairman Moran addressed Tetrault Enterprises, who also store trucks on
the property. Barry Colletti, owner of Tetrault Enterprises, stated
that he stores two trucks on the property.
Kathy Winn stated that in conversation with John Bertini, owner of the
property, he had stated that Gulf of Maine Research Center had drawn up
plans that assessed the conservation land. She inquired into whether or
not Mr. John Bertini had given the plans to Mr. LeBlanc for purposes of
discussion at tonight's meeting. Mr. Paul LeBlanc responded that Mr.
John Bertini had not given him any plans.
Mr. Frank Bertini identified himself as attending the meeting on behalf
of his brother, John Bertini.
Chairman Moran asked Mr. Frank Bertini to point out the location of the
property, the fence, and where the activity was taking place on the
wetlands map.
Mr. Frank Bertini identified the property and the existing fence.
Mr. Frank Bertini stated that Gulf of Maine had done some work for his
brother assessing where the wetlands were exactly located. He also
pointed out where the pavement ended on the map.
Commissioner John Vallis inquired into what other work was conducted on
the premises. Mr. Paul LeBlanc responded that no other work was
conducted on the premises besides storage.
. Commissioner John Vallis questioned how steep the grade of land is.
Mr. Paul LeBlanc responded that the land was very level.
Commissioner Harney inquired whether or not Mr. Colletti stored
materials on the premises. Mr. Colletti responded that he did not store
materials, only equipment on the premises.
Chairman Moran suggested a site visit occur on Saturday, April 11, 1989
at 9:00 A.M. Comissioner Vallis suggested that Mr. Bertini bring any
plans drawn up by Gulf of Maine Research Center with him to the site
visit. Motion made by Commissioner Ahmed for a site visit, seconded by
Commissioner Femino, and approved unanimously.
Enforcement Order — Robert Bouchard, 25 Linden Avenue
Chairman Moran introduced the next order of business which concerned
Robert Bouchard and stated that the Commission had received reports of
fill being placed on the banks of a pond abutting Mr. Bouchard's
property. Chairman Moran informed the commission that in a prior
conversation, Mr. Bouchard explained that he intended to use the
materials to stabilize the pond's bank and wanted to clean up the lot
for beautification reasons. Most of the material has been hauled away
at the present time.
• Commissioner Vallis inquired into whether or not the necessary material
needed for the job was presently on site.
Mr. Bouchard identified himself and stated that Chariman Moran had
correctly summarized their conversation and that all the materials
needed for the job were currently on site.
Commissioner Ahmed clarified the location of the site with Mr. Bouchard.
Chairman Moran suggested an Order of Conditions was necessary. Motion
made for a site visit to occur on Saturday, April 1 , 1989 at 9:30 A.M. ,
seconded by Commissioner Vallis, and unanimously approved.
Commisioner Vallis suggested Mr. Bouchard file the Notic Of Intent prior
to the visit to expedite the process.
Determination of Applicability — Galen Frizzi 40 Cedarcrest Avenue
Chairman Moran introduced the next order and asked Mr. Frizzi to explain
his plans for the property. Mr. Frizzi stated that he would like to
take down the existing shed and build a two car garage in it' s place.
Kathy Winn explained that Mr. Frizzi 's property was in the buffer zone
and located the property on the map. Chairman Moran questioned what
• wetland the property was near. Commissioner Femino suggested the
property was located within a Coastal Flood Zone.
Chairman Ahmed questioned whether or not the job required any outside
fill. Mr. Frizzi responded that it did not require additional fill.
Commissioner Vallis asked if Mr. Frizzi required a variance from the
Board of Appeals. Mr. Frizzi stated that he was seeking a ruling from
the Conservation Commission first and that if a positive determiniation
was made he would not pursue the project.
Commissioner Ahmed made a motion for a site visit on April 1, 1989 at
10:00 A.M. , seconded by Commissioner Vallis, and unanimously approved.
Old Business
Kathy Winn distributed a copy of a letter from neighbors of the Bertini
property which discussed concerns about the wetlands.
Chairman Moran reminded the members that the commission only had
jurisdiction over wetlands violations.
Commissioner Ahmed inquired about aerial photographs and the possibility
of acquiring some that may show the Bertini property ten years ago.
Kathy Winn said she would look into that possibility.
Motion made to adjourn the meeting, seconded by Commissioner Ahmed, and
approved unanimously.
The Meeting was adjourned at 8:45 P.M.
•
Respectfully �Submitted,
Lk
KL316
•
April 13, 1989, Page 1
SALEM CONSERVATION COMM'1SSION
MINUTES OF MEETING
• April 13, 1989
A regular meeting of the Salem Conservation Commission was held on
Thursday, April 13, 1989 at 7:30 p.m. in the second floor conference
room at One Salem Green.
Present were: Chairman Philip Moran, Richard Femino, John Vallis,
Martha Hogan, Fred Harney and Kathy Winn, Conservation Administrator.
NOTICE OF INTENT - Robert Bouchard - 23 Linden Avenue
Phil Moran stated that an Enforcement Order had been issued to Mr.
Bouchard relative to unauthorized fill being placed on the banks of a
pond abutting Mr. Bouchard's property. He stated that the Commission
had required Mr. Bouchard to file a Notice of Intent for proposed work
at this location and that the Commission members had visited the site.
Mr. Bouchard addressed the Commission and stated that his intent is to
stabilize the pond's bank and improve the property' s appearance. Mr.
Bouchard stated that he proposes to correct the existing slope which is
eroding and grade and seed the lot. He asked that the Commission allow
installation of a post and rail fence to be placed 3' from the street.
Richard Femino suggested that rip-rap and shrubbery be placed to form a
solid base and that layers of gravel and loam be spread along the bank
• followed by seeding.
Phil Moran asked if anyone was present who wished to speak in favor of
the proposal . There was no response.
Phil Moran asked if anyone was present who wished to speak in opposition
to the proposal.
There being no further questions from the Commission, a motion was made
by John Vallis to approve the Notice of Intent and issue an Order of
Conditions to correct the existing slope to a 2' to 1' seeded and loamed
slope and to hold the existing toe of slope. The motion was seconded by
Richard Femino and approved unanimously.
DETERMINATION OF APPLICABILITY - GALEN FRIZZI - 40 CEDARCREST AVENUE
Phil Moran stated that Commissions members had made a site visit to Mr.
Frizzi 's property to discuss the proposed work. Mr. Moran indicated
that during the visit it was agreed that any expansion of the existing
garage should occur in the direction of the residence and that a
retaining wall consisting of poured concrete or cinder blocks would be
constructed along the creek to the rear of the garage.
Richard Femino asked if any drains would be installed in the garage
floor. Mr. Frizzi replied that there would be no drains located along
the floor.
0
aril 13, 1989, Page 2
There being no further questions from the Com-7% pion, a motion was made
• by Richard Femino to issue a negative Deterar.;ation along with an Order
of Conditions. The motion was seconded by '' ;.*.tha Hogan and approved
unanimously.
Order of Conditions:
1 . ) Any expansion of the existing structure would occur only in a
Southwesterly direction ( toward the residence ) ;
2. ) No drains shall be installed in the garage floor.
3. ) A retaining wall shall be constructed along length of creek to
consist of poured concrete or cinder block.
ENFORCEMENT ORDER - Paul LeBlanc/John Bertini 284 Canal Str. (Continued)
Phil Moran introduced the next order of business which concerned
continuation of a discussion regarding an enforcement order issued for
284 Canal Street Rear, owned by John Bertini and occupied by Pumel
Construction and Tetrault Paving. Phil Moran noted that a
representative for Councillor Mark Blair was present and has requested
permission to record this portion of the meeting since Councillor Blair
was attending a City Council meeting. There was no opposition to
Councillor Blair's request.
Phil Moran reported that the Commission had conducted a visit to the
site on Saturday, April 11 , 1989 and asked that members discuss what
they had observed. Fred Harney stated that he was concerned about piles
of bituminous mixture and telephone poles apparently covered with
• creosote that he observed around the fenced area. Phil Moran asked how
long the area had been fenced. Paul LeBlanc of Pumel Construction
replied that the fence was installed four years ago.
John Vallis stated that it was his observation that the buffer zone was
encroached upon. He stated he observed old fill and recent fill located
behind the fence and that he saw evidence that there had been a recent
cleaning up of the area.
Phil Moran asked Mr. LeBlanc if he had placed the hot top. Mr. LeBlance
replied that some had been placed by Loring Motors and that he had hot
topped the inside of the fenced area.
Phil Moran stated that he observed the presence of wetland to the rear
of the fenced area and that the predominate vegetation in the area is
fragmite. He stated that , according to an SJC ruling, an area is
defined as a wetland if at least 50% of the vegetation is of wetland
species. He also stated that the Commission has jurisdiction over any
work conducted within 100 feet of a wetland boundary but that there is
no law which says you cannot conduct authorized work in a buffer zone.
Phil Moran stated that the two previous applicants who had appeared at
this meeting were authorized by the Commission to conduct work in a
buffer zone. One applicant was voted a Negative Determination with
conditions and the other applicant was voted an Order of Conditions.
• Phil Moran stated that work apparently been undertaken without
notification to the Conservation Commission.
Phil Moran asked Commission members for their suggestions regarding a
,pril 13, 1989, Page 3
solution to the above-stated problem. John i' 14is stated that he felt
• the fill located behind the fence should be . ,eaned up. Fred Harney
stated that the bituminous mix and old tel-- , hone poles should be
removed.
John Bertini was asked if he had knowledge of where the wetland boundary
is located. He replied that Gulf of Maine had conducted a survey and
had tagged the boundary but that no drawings were made showing the
boundary. Mr. Bertini also stated that the presence of cat-of-nine
tails is considered a fire hazard and that they were cut back because of
insurance requirements.
Paul Willis, an Associated Commission member joined the meeting at 8:00
p.m. Mr. Willis stated that the area in question is located in a Zone B
flood plain which is under Conservation Commission jurisdiction.
Mr. Bertini stated that he would like to get a definition from the
Commission regarding what land is considered usable. He stated that
properties that were filled upstream have caused the pond to expand.
Roger Pelletier, 7. Kimball Road, asked when a decision in this matter
could be expected. Phil Moran indicated that the Commission may ask Mr.
Bertini to retain a wetlands expert to update the survey of the area and
that under the Enforcement Order no filling is to take place.
Mr. Pelletier stated that Pume1 was filling in the area around the
parking lot today. Mr. LeBlanc responded that three loads of fill were
• removed. Mr. Pelletier stated that they had seen no trucks leaving with
fill . Mr. LeBlanc stated that the fill was delivered to the Swampscott
Road compost site.
Claire Pelletier, 7� Adams Street stated that the fence was put up 1� to
2 years ago and that she has observed fill consisting of sand, salt and
hot-top which she stated is moved around inside the fenced area.
Mr. Pelletier stated Mr. LeBlanc has slowly moved back to the stone
fence and that he has observed Mr. LeBlanc dumping salt and sand. Mr.
Pelletier stated that Mr. LeBlanc uses Junior's Auto Body as a staging
area for fill. He stated that he has observed Mr. LeBlanc pushing the
piles of fill toward the top of the fence and that some of it drops into
the wetland.
Mr. LeBlanc was asked how many trucks he had. He replied that he had 5
dump trucks but that he did not store trucks until he put up a fence.
Phil Moran read a letter from Councillor Blair, a copy of which is
attached to these minutes.
Phil Moran asked if Mr. Bertini could have Gulf of Maine provide a
delineation of the wetland boundary. Mr. Bertini said that he would
talk to Dr. Mulligan about it . Phil Moran stated that the cease and
desist order is in effect and that no fill should be dumped or removed.
• Mr. LeBlanc stated that he needs to dispose of the loam in the near
future since he would not be able to disposed of it in the winter. Phil
Moran stated that if a solution isn't found by the next meeting, the
Commission would take that into consideration.
April 13, 1989, Page 4
Rene Barrett, 5 Adams St. asked if the property was zoned for this use.
Phil Moran replied that the Conservation Commission' s jurisdiction is
• limited to wetlands concerns.
Mr. Bertini was asked about the status of the drain pipe installed in
connection with the mall. Mr. Bertini replied that he had expected that
re-vegetation would occur in the Spring and that he would ask the
Conservation Commission for advice regarding re-vegetation. Phil Moran
asked if the City Planner had approved removal of any trees. Mr.
Bertini replied that he didn' t think so.
Paul Willis suggested planting red maple of 1k" to 2" caliper but said
that he'd like to look at the site.
Polly Ferry, 4 Bertini Lane stated that fragmites grow right to the edge
of the parking lot and that the area used to have a lot of geese and
ducks but , she stated, that they have been driven from the area.
Phil Moran stated that he had suggested to Mr. Bertini that the
Conservation Commission may have an interest in taking over Rosie's Pond
property which Bertini owns. He said that Mr. Bertini had indicated
that he would be willing to negotiate with the Commission.
Mrs. Dube, 2 Adams Street, asked if Mr. Bertini owned land directly
behind Dube's. Mr. Bertini replied that he did and that he had cleaned
the area at the request of the Board of Health.
Phil Moran stated to Mr. Bertini that a delineations of the wetlands
• behind the parking lot was needed and asked that Gulf of Maine attend
the next meeting.
John Vallis made a motion to continue the discussion to the next meeting
scheduled for April 27th. The motion was seconded by Martha Hogan and
approved unanimously.
Old Business
Phil Moran stated the DEQE issued a Superseding Order of Conditions to
Salem State College on March 29, 1989 allowing them to go forward with
construction of the proposed dormitories under conditions set by the
Order. Mr. Moran suggested that the Commission may appeal the decision
due to the presence of the pond located behind the parking lot. Mr.
Moran indicated that the area used to contain a stream that apparently
had been filled in. Paul Willis stated that the pond may be a vernal
pool. He stated that vernal pools can consist of ground water and snow
melt and are present for 3 or 4 months of the year. Vernal pools
provide a breeding ground for sensitive organisms such as salamanders
which are endangered. He stated that the size of the pond is also an
issue. Paul Willis suggested contacting Conservation Law Foundation
regarding an appeal.
Richard Femino made a motion to file an appeal of the Superseding Order
issued to Salem State. The motion was seconded by Martha Hogen. Mssrs.
Mornan, Vallis, Femino and Ms. Hogan voted in favor and Mr. Harny voted
• present . The motion so carried.
April 13, 1989, Page 5
• Approval of Minutes
Richard Femino made a motion to approve the minutes of the meeting of
March 23, 1989, seconded by Fred Harney and approved unanimously.
There being no further business before the board, a motion was made by
John Vallis to adjourn the meeting, and the vote was unanimous.
The meeting was adjourned at 10: 20 P.M.
Respectfuly submitted,
Kathleen M. Winn,
Conservation Admisistrator
R524
•
•
Citp of Oaiem, MaggacbUgetto
• `� Office of the Citp crouncit
��� QCitp �aU
��rlMB WARD COUNCILLORS
VINCENT J. FURFARO
COUNCILLORS-AT-LARGE 1989
PRESIDENT
1989 GEORGEA.NOWAK
DONALD T.BATES
JOSEPHINE R. FUSCO KEVIN R.HARVEY FRANCESJ.GRACE CITY CLERK VINCENT J.FURFARO
NEIL J.HARRINGTON LEONARD F.O'LEARY
GEORGE P.MCCABE
JEAN-GUY J.MARTINEAU
SARAH M.HAVES
MARK E.BLAIR
April 13 , 1989
Mr. Philip Moran, Chairman
Conservation Commission
City of Salem
Salem, Ma. 01970
Dear Chairman Moran:
• I will be unable to attend the April 13, 1989 meeting of
the Conservation Commission because of a City Council meeting
conflict.
My particular concern is about the wetlands located at the
rear of 284 Canal Street.
I have been notified that Pumel Construction Company has
filled the pond without submitting a Notice of Intent. My
understanding is that a permit is required for filling a wet-
land and that a permit was not obtained. If the pond was im-
properly altered, I would hope that the Conservation Commission
orders a restoration of the pond and conditions are set for the
pond' s protection in the future.
I would also like to know if the recently installed drain-
age pipe in this area will have replanted trees and vegetation
about it this spring season. A Notice of Intent was filed
March 9 , 1988 for this project.
Finally, I request that my above concerns be read into the
minutes of the meeting this Thursday, April 13 , 1989 .
Very truly yours,
P9ARK E. BLAIR
COUNCILLOR WARD SEVEN
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
APRIL 27, 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 27 , 1989 at 7: 30 P.M. in the second floor
conference room at One Salem Green.
Present were : Chairman Philip Moran, Robert Crowley, George
Ahmed , Richard Femino, Martha Hogan, John Vallis, and Fred
Harney . Also present were Kathy Winn, Conservation
Administrator and Eileen Sacco, Clerk.
ENFORCEMENT ORDER - (CONTINUED) PAUL LEBLANC/JOHN BERTINI
284 CANAL STREET
Chairman Philip Moran recused himself from this discussion and
John Vallis assumed the chair as Acting Chairman.
John Vallis read a letter from Gulf of Maine Research Center
concerning the property located at 264 Canal Street . (A copy
• of the letter is attached to these minutes . )
John Vallis asked Mr . Bertini to comment on the findings of
Gulf of Maine, and he stated that he has not personally ordered
the moving of any boulders into the wetlands area which '
was a finding in the report from Gulf of Maine . He indicated
that Pumel Construction had moved them to protect the rear of
the property. He also stated that he did not realize that the
area was in the buffer or wet zone , and that he would have Pumel
Construction move the boulders to correct the problem.
Mr . Bertini also indicated that he would file a Notice of Intent
with the Commission as to the plans he has for the property.
John Vallis reminded those present that the Stop Work Order on
the property is still in effect . He also suggested issuing a
time limit for the filing of the Notice of Intent, so that a
Public Hearing can be scheduled as soon as possible .
John Vallis also asked Mr . Bertini how long Pumel Construction
has been operating on the site . Mr. Bertini stated that he thought
it had been three or four years but he would have to check his
records .
John Vallis asked for comments from the Commission members .
George Ahmed suggested that Mr . Bertini be given 30 days to prepare
his Notice of Intent .
John Vallis addressed those in attendance to clarify the action
that the Commission was taking on the situation. He stated that
• Page 2
as requested by the Commission Mr. Bertini has had Gulf of Maine
report on the area and that a Notice of Intent will be filed
with the Commission so that the Public Hearing can be scheduled
and notices will be sent to the abuttors, and Public Notice
will be advertised in the Salem Evening News.
Claire Pelletier of 7� Adams Street adressed the Commission and
stated that she felt that the Cease and Desist Order was a joke
and showed pictures which she said showed that work had'. :. ...
recently been performed on the property. Mr. Bertini indicated
that the work was done by Tetrault Paving and questioned whether
they were included in the Cease and Desist order. Kathy Winn
stated that the order was sent to Mr. Bertini who is the property
owner and the order covers the activities of all tenants.
Rene Barrett of 5 Adams Street stated that this was the second
meeting that he had attended and that he was unclear about the
issue. He stated that he did not feel that the area should be
zoned for construction. John Vallis stated that the issue
before the Commission was the Wetlands and that zoning should
be addressed to the Planning Board.
• Mrs. Bedard of 13 Adams Street stated that she had lived in the
area for 35 years and that years ago there were more wetlands
in that spot. She also noted that the trucks are sitting in new
fill.
Leo Pelletier of 7h Adams Street stated that he felt that
Pumel Construction had done the work without a permit.
Roger Pelletier of 7 Kimball Road stated that work has been
going on inside the fence and that Pumel Construction is washing
their trucks on the property and that the water is going into
the wetlands.
There being no further comments a motion was made by Richard
Femino to grant Mr. Bertini thirty (30) days to file a Notice
of Intent, and that the Public Hearing be scheduled for June 8,
1989 , seconded by George Ahmed and approved unanimously.
Chairman Philip Moran assumed the Chair.
NOTICE OF INTENT - HOWARD A. FAFARD - FOR INDUSTRIAL CONDOMINIUM
BUILDING AT SWAMPSCOTT ROAD
Fred Harney recused himself from this discussion.
Ron Killian and Don Seaberg addressed the Commission on behalf
of the Fafard Companies. They showed the members plans of the
proposed Industrial Condominium Building for Swampscott Road.
Ron Killian stated that the building would abut Maynard Plastics.
PAGE 3
He also showed areas of drainage and wetlands He stated that
use of the building would be light manufacturing.
Richard Femino asked if the units were sold by the owners if
they would be required to insure that the zoning bylaws are
met before selling the unit . Mr . Killian stated yes .
John Vallis asked if hay bails would be used during construction.
Ron Killian stated yes and indicated the areas on the plans .
Chairman Moran referred to an Order of Conditions issued in
September 1988 and it was clarified that the plans submitted
for that Order of Conditions did not include this parcel .
Ron Killian also informed the Commission that an Environmental
Impact Report on the area is being done and the results will
be forwarded to the Commission.
George Ahmed asked if any site preparation would take place .
. Ron Killian stated that at the present stage there would be
some grading and some possible blasting.
George Ahmed also asked what type of vehicles would be parked in
the area . Ron Killian stated that it depended on the type of
businesses that occupy the units . He also noted that as in the
other areas of the business park no salt would be used during
snow removal operations .
George Ahmed also asked about the gas traps . Ron Killian stated
that other communities had made them part of the Order of Conditions
and that they are planning to install them.
Chairman Moran asked if there were any comments from those in
attendance . There being none, a motion was made by John Vallis
to close the Public Hearing, seconded by Richard Femino and
approved unanimously.
Chairman Moran asked for commented from the Commission.
John Vallis stated that he would like to see some assurance that
the Gas Traps would be maintained and that there would be no salt
used on the premises . He suggested that they be included in the
Order of Conditions .
• George Ahmed expressed concern that check valves should be installed
and would like to see diagrams indicating flooding according to the
100 year storm.
Motion made by John Vallis to issue an Order of Conditions with
PAGE 4
the following special conditions :
1 . Work shall conform to above referenced plans .
2 . Any changes in building sites or building sizes shall require
an amendment to this Order of Conditions.
3 . No salt shall be used as a de-icing agent .
4. Prior to construction, staked haybales shall be installed to
protect the nearby wetlands.
5. Gas traps shall be installed in catch basins .
6 . Conservation Commission members and/or their designated
agent reserve the right to enter and inspect the site during
construction.
7 . As-built plans stamped by a Registered Professional Engineer,
shall be submitted to the Commission prior to the issuance
of a Certificate of Compliance.
• Motion was seconded by Martha Hogan and approved unanimously .
OLD BUSINESS
Kathy Winn stated that she had received a letter from Mary Jane
Sturgovilt of 78A Webb Street concerning Professional Roofing.
She stated that the file had no documentation in it . Chairman
Moran stated that he recalled the complaint and that a site
visit was made and it was determined that there was no basis for
the Complaint . ,
Bob Crowley suggested that Kathy Winn inform Ms . Sturgovilt that
if she has concerns about the propane tanks she should contact
the fire department .
Kathy Winn will send her a letter .
Kathy Winn also reported that she had received an Order from The
Salem City Council appropriating $1 , 500 . 00 to hire an Attorney
with regards to Salem State College .
Kathy Winn also stated that an Elderly couple at 15 Sable Road
are having a dispute with a neighbor over drainage during heavy
rain fall . She stated that she looked at the topo map and that
a stream is indicated . George Ahmed suggested getting the topo
map for the commission to see and they would address it at the
next meeting .
NEW BUSINESS
PAGE 5
NEW BUSINESS
George Ahmed suggested that the Commission appropriate some
money to purchase a 35 milVimeter camera so that they could
document files for the future use of Commission members .
Chairman Philip Moran addressed the Commission members and stated
that he had informed Mayor Salvo that he was resigning from the
Commission effective immediately. He noted that personal reasons
resulted in his decision and thanked the members for their
support. He also noted that he felt that the present Commission
was the best he had served with and feels that after eleven years
on the Commission he is leaving it in good hands .
APPROVAL OF-MINUTES
Motion made by Fred Harney to approve the minutes of the Meeting
of March 23 , 1989, seconded by Bob Crowley and approved unanimously .
There being no further business to come before the commission,
• a motion was made by George Ahmed to adjourn the meeting, seconded
by Richard Femino and approved unanimously.
The meeting was adjourned at 9: 00 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
•
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
MAY 11 , 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 11 , 1989 at 7 : 30 P.M. in the second floor
conference room at One Salem Green .
Present were : George Ahmed , Robert Crowley, Richard Femino,
Fred Harney, Martha Hogan , and John Vallis . Also present were
Kathy Winn, Conservation Administrator , and Eileen Sacco, Clerk.
Conservation Administrator , Kathy Winn opened the meeting in
the absence of Chairman Philip Moran who resigned at the last
meeting. She asked the members of the Commission to place
nominations for a Chairman Protem to preside over the election
of a new Chairman for the Commission .
George Ahmed placed the name of John Vallis in nomination for
Chairman Protem, seconded by Richard Femino and approved
unanimously .
John Vallis called the meeting to order.} and read the letter
• of resignation from Philip Moran, asking for the Commission
to accept Mr . Morans resignation with regret .
Motion made by George Ahmed to accept Philp Morans ' resignation
with regret, seconded by Richard Femino, and approved unanimously.
John Vallis asked the Commission for nominations for a new
Chairman of the Commission.
George Ahmed nominated John Vallis for the Office of Chairman
of the Salem Conservation Commission noting that he felt that
he was well qualified for the position . The nomination was
seconded by Richard Femino .
John Vallis asked the Commission for further nominations, hearing
none the nominations were closed and a vote was taken .
Motion by George Ahmed to approve John Vallis as the Chairman
of, the Salem Conservation Commission, seconded by Richard Femino,
and approved unanimously.
George Ahmed made a motion that in the event that the 'Chairman
has a conflict with any issues that come before the Commission,
he rotate appointing members of the Commission to Act as the
Chairman so that all of the members could get the experience of
• presiding at a meeting, seconded by Fred Harney and approved
unanimously .
PAGE 2 .
PUBLIC HEARING - NOTICE OF INTENT - PICKERING WHARF CONDOMINIUM
TRUST
John Bleiler and Hugh Mulligan of Gulf of Maine Research Center
addressed the Commission on behalf of the Pickering Wharf
Condominium Trust with regards to their Notice of Intent for the
demolition and reconstruction of a collapsed Pickering Wharf
Seawall located on the South River . John Bleiler noted that the
seawall collapsed in July 1988 and due to the emergency nature
of the situation they were allowed to proceed with the repair
work on the condition that applications for permits would be
filed at a later date . He also noted that the demolition will
consist of .the removal of existing granite blocks, sidewalks ,
and debris . The reconstructed wall will be of rectangular
granite blocks lined with filter fabric. The foundation will
have a concrete tremi pad resting on wood piling and the top
of the wall will be of brick and concrete .
Richard Femino asked what happened to the old pipe. John Bleiler
replied that a 12" pipe was removed and a 24" pipe was installed .
• George Ahmed asked where the pipe ended , and John Bleiler replied
that it ends at Union Street at a storm drain.
Tom Chevor , a Trustee of the Pickering Wharf Condo Association
asked what the function of the Conservation Commission was . John
Vallis stated that the Commission oversees the projects that are
`,within 100 ft ,_ of 'iwetlands Mr . Chevor also expressed concern that
the collapsed seawall was built less than ten years ago and that
it is now costing the, Association alot of money to have it repaired .
Hugh Mulligan stated that the original plans should have been
'stamped_'.by a registered engineer . Richard Femino agreed stating
that when the seawall was built the plans were submitted to the
Army Corp of Engineers and they should have the plans on file .
George Ahmed asked if the new drains are owned ..privately or by
the city. Mr . Bleiler stated that they belong to the city .
George Ahmed asked who wrote the specs . Mr . Bleiler replied that
their engineer wrote the specs and that the planning department
reviewed them.
George Ahmed stated that he would like the City Engineer to look
at the specs and approve them before taking action.
John Vallis asked for comments from those present at the meeting. _
There being none a motion was made by George Ahmed to close the
• Public Hearing, seconded by Richard Femino.
Motion made by Robert Crowley to approve the Notice of Intent and
Issue and Order of Conditions to include approval of the specs
by the city Engineer and a Maintenance Agreement for the wall ,
• PAGE 3 .
seconded by George Ahmed and approved unanimously.
John Bleiler also addressed the Commission concerning the request
for Determination of Applicability for reconstruction of the
Chase House restaurant Deck on the South River . The reconstructed
deck will be of 20 ton service capacity concrete piles , concrete,
reinforcing steel and an epoxy bonding agent/grout . All of the
proposed work is located within a Wetland Buffer Zone .
John Vallis asked what the pitch of the deck would be . Mr . Bertini
stated that the pitch was forward . He also noted that the size of
the deck is comparable to the previous deck.
George Ahmed expressed concern about litter and asked if trash
receptacles would be placed on the deck for the use of the patrons .
Mr . Bertini replied that the staff of the restaurant would be
serving the patrons and they would handle the cleanup. He
further noted that the Wharf area is the responsibility of
Pickering Wharf and that he only rents his space at the Chase
House .
. George Ahmed asked if the public would enter the deck through the
restaurant or if the deck would have an entrance . Mr . Bertini
stated that the entrance to the deck would be through the
restaurant .
John Vallis asked if there would be a covering on the concrete .
Mr . Bertini stated that indoor/outdoor carpeting would cover
the concrete which would be removed in the off season.
John Vallis asked for comments from those in attendance at the
meeting, either in favor or opposition to the project. There
being none a Motion was made by George Ahmed for a negative
determination seconded by Fred Harney and approved unanimously.
SWAMPSCOTT ROAD INDUSTRIAL CONDOMINIUMS
Fred Harney recused himself from this discussion.
Ron Killian representing the Fafard Companies addressed the
Commission to answer questions ,caised. by the members
at the last meeting . At the last meeting George Anmed expressed
concern's about the 100 year flood , and Mr . Killian stated that
the 100 year flood elevation was 68 . 01 , and the proposed plans
would be about a foot above the 100 year storm. He also stated
that the pipe connects to a drain manhole .
• There being no further questions on the plans , motion made by
George Ahmed to accept the drawing, seconded by Richard Femino,
and approved unanimously.
PAGE 4.
OLD BUSINESS
Kathy Winn read a letter from Rosemary Collins , Chairman of the
Marblehead Conservation Commission, concerning the Mackey
Parcel of land . (A copy of the letter is attached to these
minutes . )
John Vallis stated that he wanted to keep the lines of communication
open with Marblehead , and that a meeting should be scheduled to
discuss the matter . George Ahmed agreed adding that when the
meeting is scheduled an approximate length of time for the
discussion be indicated so that it can be placed on the agenda
accordingly.
Paul Willis suggested that the Commission approach the Town of
Marblehead concerning Thompsons .Meadow and the`possibility 'of
making it a restricted area in an effort to protect the water
supply.
Kathy Winn also informed the Commission that the Health Department
has scheduled a joint site visit to Amanti Plumbing, 392
• Highland Avenue concerning complaints that there:.is illegal. dumping
going on. She said that the Health Dept. , the Fire Dept . , and
the Conservation Commision have been invited to attend . Robert
Crowley stated that he could possibly attend . The site visit
is scheduled for Friday, May 19 , 1989 at 10 : 00 A.M.
Kathy Winn asked if any members were planning to attend the
workshop sponsored by Gulf of Maine Research Center on Saturday
June 3, 1989 from 9-12 at the Peabody Museum. John Vallis ,
George Ahmed , and Richard Femino said that they are planning to
attend .
Kathy Winn also showed the Commission a map indicating the
property on Rockdale Ave and Sable Rd . as requested at the last
meeting . There `was some question as to the presence of a stream
Hugh Mulligan offered to take a look at the site and get back to
the commission .
APPROVAL OF THE MINUTES
Motion made by Martha Hogan to approve the minutes of the meeting
of April 27 , 1989, seconded by Richard Femino and approved
unanimously.
Motion made by Robert Crowley to adjourn the meeting, seconded by
Fred Harney and approved unanimously.
The meeting was adjourned at 8 :45.
RESPECTFULLY SUBMITTED BY
EILEEN M. SACCO, CLERK
i
I •
I
i
i
PHILIP D. MORAN
• ATTORNEY AND COUNSELLOR AT LAW
32;LYNDE STREET:
SALEM, MASSACHUSETTS 01970 i
(508 )745-6085
PHILIP D. MORAN
GEORGE R. SUSLAK May 1 , ;1989
Honorable Anthony Salvo
City Hall '
Washington: Street
Salem, MA 01970
Dear Mayor Salvo:
As we discussed on Thursday evening April 27th, please
accept my resignation as a member of the Conservation Commission.
I have been privileged to serve as a member of the
Commission since 1979' and as Chairman since 1982 . However, at
this time I feel that because of personal : and business
constraints , it is in my best; interest if I resign. ;
• Thank you for your anticipated c'ourtesyand cooperation.
Very truly yours,
v
PHILIP G. MORAN
imm
cc : Salem' City Clerk
Salem, Conservation Commission
I
i
I
i
morblehead
May 9 , 1989 conservation
commission
Salem Conservation Commission
One Salem Green
Salem, MA 01970
Dear fellow conservation commission members :
Since our proposed joint purchase of three parcels along the
Forest River estuary is stalled pending State funding, the
Marblehead Water and Sewer Board put forth an article in our
Special Town Meeting on May 2 , 1989 to purchase the entire
Mackey parcel . The article was successful and if all goes well ,
the Marblehead Water and Sewer Board will complete the purchase.
At first, this may appear to be a blatant slap at our conserva-
tion efforts. The reality is that rather than risk the loss of
this parcel so necessary to the protection Of our wells, the
. Water and Sewer decided to purchase the whole thing.
We all may still be in this picture . According to Joel Lerner,
at Conservation Services, we will shortly be receiving a letter
funding a portion of both the Leggs Hill/Mackey property and the
Lead Mill. However, the money will not be available for anywhere
from four to seven years !
The current thought is for Marblehead Water and Sewer to
purchase the parcel. with an increase in the water rate. (All of
this has been voted in on May 2 . ) . As the Water and Sewer develops
their plans and needs for the parcel , we hope that it will sub-
sequently become possible for the Marblehead and Salem Conserva-
tion Commissions to purchase portions of the land for conservation
using the grant money from the Self Help grant.
As you can see, this is a win/win situation. We save the land,
the aquifer and we get State help to boot.
The Marblehead Conservation Commission and Water and Sewer
representative will be happy to meet with your board at any time
to bring you up to speed on the project. Unfortunately, Phil
Moran and Becky Curran did all of the Salem side of the grant and
negotiations and now both are gone . Please let us know any prob-
lems or questions you may have so that we may continue the excel-
lent co-operative effort our commissions have enjoyed.
zncere ,
Cha
osmr
cc : M'hd Water/Sewer ReaCollins, Chairman
3Widaer Rd
Mit marblehead, Massachusetts 01945
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
• THURSDAY MAY 25, 1989
A regular meeting of the Salem Conservation Commission was held on
Thursday, May 25, 1989 at 7:30 P.M. in the second floor conference room
at One Salem Green.
Those present were: Chairman John Vallis, Robert Crowley, Fred Harney
and Martha Hogan. Also present were Kathy Winn, Conservation
Administrator, and Eileen Sacco, Clerk.
The meeting was called to order at 7:30 P.M. by the Chairman, John
Vallis.
DISCUSSION WITH MARBLEHEAD CONSERVATION COMMISSIONERS
Rosemary Collins, Chairman of the Marblehead Conservation Commission and
Fred Johnson, a member of the Commission, attended the meeting to
discuss various issues with the Commission.
Rosemary Collins addressed the members concerning the purchase of the
Mackey Property. She noted that a joint venture of both the Salem and
Marblehead Conservation Commissions to purchase three parcels on the
Forest River Estuary had been in the works and that the money from the
State is promised in fiscal year 1996. She stated that since the owners
• of the property, the Mackey Family, would not wait until then, the
Marblehead Water and Sewer Board decided to purchase the property now.
She stated that the state has promised 1 Million dollars to the City of
Salem, and $205,000.00 to the Town of Marblehead to purchase the
property. She said the Special Town Meeting in Marblehead, approved the
purchase of the property and that the Water and Sewer Board may sell a
portion of the property to the Salem and Marblehead Commisssions, when
the money is available from the state to do so. She also had a letter
from the state on the progress of the grant money situation. She stated
that she will keep the Commission informed on the status of the
purchase.
Rose Collins also addressed the Commission on Thompson's Meadow. She
stated that MWRA has determined that it is not a viable water way and
that it was technically a rock basin that had silted in. She noted that
she had been trying to have that area declared Conservation land for
years but that she had not met with any success.
Rose Collins also raised the issue of the Tidal Gates at Forest River.
She had a letter from Professor Johnes K. Moore of Salem State College,
addressing the tidal gates and his concerns about the times of the
closing of the gates and the impact that it has on the freshwater
wetland plants in the marsh area. (This letter was also received by the
Salem Conservation Commission and a copy is attached to these minutes) .
His concerns with the tidal times and the closing of the gates were
• discussed. Rose Collins also had a letter from George Whittie
concerning repairs that are scheduled to be made on the gates. She
asked if a Notice of Intent had been filed with the Commission. Kathy
Winn had the file from the original request that the gates be closed
PAGE 2.
•
with the original Notice of Intent that was denied by the Commission and
subsequently was passed by an act of the Legislature. The legislation
read that the gates could be closed from June 1 - September 1 on
weekends under the supervision of the Mayor in consultation with the
Conservation Commission. Kathy Winn stated that she did not know if the
legislation meant that they did not have to file a notice of intent
since it said that it was exempt from the wetlands.
John Vallis reviewed the legislation and stated that he felt that it
only pertained to the opening and closing of the gates and not the
maintenance or repair of them.
Kathy Winn stated that since this was the first discussion of the matter
and none of the members on the commission presently were on during this
issue, she would like to investigate it further.
John Vallis stated that he felt that it was definitely something that
the Commission should look into. He suggested that they contact Phil
Moran who was active in getting the legislation passed and see what
thoughts he had on the situation. He assured the Marblehead
Commissioners that they would be kept informed.
• Rose Collins noted that she had received complaints from the public
concerning the situation and Fred Johnson stated that he had recieved a
complaint from a Salem resident about the encroachment of the freshwater
plants.
Rose Collins also asked the commission to see about the possibility of
developing a walking trail on Leggs Hill Rd. to connect Salem and
Marblehead.
There being no further matters to discuss at this time, Rose Collins
thanked the Commission for their time and departed the meeting.
CERTIFICATE OF COMPLIANCE - SOUTH ESSEX SEWERAGE DISTRICT
Kathy Winn presented a letter from James Ryan of Metcalf & Eddy
requesting a Certificate of Compliance for the SESD Danvers-Beverly
Relief Interceptor Beverly Harbor Crossing project. The Commission had
issued an Order of Conditions on November 14, 1985 and a modified Order
of Conditions on January 4, 1989. The modifications were for general
condition number 11 and a special condition number 2. ( A copy of Mr.
Ryans letter is attached to these minutes. )
Motion made by Robert Crowley to approve the Certificate of Compliance
for the SESD Danvers-Beverly Relief Interceptor at Beverly Harbor
Crossing, seconded by Fred Harney and approved unanimously.
. OLD BUSINESS
Kathy Winn reported to the Commission that she has been getting more
complaints concerning the condition of a lot on Station Rd. owned by
PAGE 3.
•
Michael Beatrice. She noted that Councillors Frances Grace and Mark
Blair have also been receiving complaints on the matter. She also
reported that the Board of Health has been contacted as well, and they
have requested that the Conservation Commission inform Mr. Beatrice
about the procedures that he should follow to clean the area up. There
also seems to be a problem with rats in the area as well as overgrown
grass and rubbish on the property.
John Vallis reported that he called Frances Grace and Mrs. Crowder
concerning the matter.
The Commission decided to have Kathy Winn send a letter to Mr. Beatrice
asking him to come to a meeting of the Commission to discuss the matter.
Kathy Winn also presented a letter from Gulf of Maine Research Center
Inc . to the Army Corp of Engineers concerning the Bertini property. The
letter indicated that a Notice of Intent will be filed by May 26, 1989
as requested by the Commission. (A copy of the letter is attached to
these minutes. )
Kathy Winn also reported that there was a site visit at the property of
Amanti Plumbing on Highland Avenue. She noted that there was evidence
of illegal dumping on the property, particularly grass cuttings in the
• rear of the property. She also noted that George Ahmed and Bob Crowley
attended the site visit, and that she had discussed it with George
Ahmed, who was unable to attend this meeting. He suggested to her that
the area be posted as a conservation area and that no dumping is
allowed. Robert Crowley stated that he agreed with the Health
Department 's suggestion that the abuttors be notified that there should
be no dumping taking place in the area and inform them that this is
being monitored.
Kathy !Jinn presented letters from Councillor Leonard O' Leary and Acting
City Planner William Luster concerning the situation on Sable Road and
Rockdale Avenue regarding the unauthouized filling of a stream which
runs along the rear of 15 Sable Road. William Luster requested that the
Commission make a site visit to the area to determine whether
unauthouized alteration of a wetland has occured. (Copies of these
letters are attached to these minutes. )
The Commission scheduled a site visit at 15 Sable Road for Wednesday,
May 31 , 1989 at 6:00 P.M. John Vallis requested that a letter be sent
to Councillor O'Leary and Acting City Planner William Luster notifying
them of the site visit.
Kathy Winn also reported that she received a call from Galen Frizzi ,
requesting to use Rip rap, as opposed to cinder block of concrete on his
project . John Vallis suggested that Mr. Frizzi come before the
Commission with his new plans to be reviewed.
• APPROVAL OF MINUTES
Motion made by Martha Hogan to approve the minutes of the meeting on May
PACE 4.
•
11, 1989, seconded by Bob Crowley and approved unanimously.
There being no further business to come before the Commission, a motion
was made by Robert Crowley to adjourn the meeting, seconded by Fred
Harney and approved unanimously.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
r157
•
SALEM CONSERVATION COMMISSION
MINUTES OF BOARD MEETING
JUNE 8 , 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, June 8 , 1989 at 7:30 P.M. in the second floor conference
room at One Salem Green.
Present were : John Vallis , George Ahmed , Robert Crowley, and
Martha Hogan. Also present were Kathy Winn, Conservation Admin-
istrator, and Debra Tucker, Acting Clerk.
Chairman John Vallis called the meeting to order , and introduced
the board members to the public . He asked that anyone that
wished to address the Commission state his name and address
before speaking.
r
PUBLIC HEARING : DETERMINATION OF APPLICABILITY-
GALEN FRIZZI OF 40 CEDARCREST AVE '
• Galen Frizzi of 40 Cedarcrest Ave appeared before the board
concerning his request to construct a garage within a buffer
zone to a wetlands area . Mr . Frizzi had previously received
a negative determination and seeks to get board approvall. The
Conservation Commission had authorized that a concrete or cinder
block retaining wall be constructed along the creek in question.
Mr. Frizzi asked how long the wall should be. John Vallis replied
that it should be the length of his property. Mr. Frizzi suggested
that a rip rap wall of rock would be the best material for the
wall and that it could be repaired more easily and would require
less maintenance . He said that he has learned that concrete
will leach lime into the wetlands and cinder block could collapse
with the first frost . Mr . Frizzi displayed a superimposed plot
plan with his proposal . Mr . Frizzi replied to Martha Hogan' s
question that he would construct according to the slope of the
land with a ratio of about one to one . George Ahmed asked who
would be doing the work . Mr . Frizzi replied that he would do
the work himself .
John Vallis asked if there was anyone who wished to speak in
favor of Mr . Frizzi 's plan. There was none .
Roger Pelletier of 7 Kimball Road asked to speak. He expressed
concern over the wetlands, and asked if Mr . Frizzi didn ' t need
the Army Corp . of Engineers to look at the site once permission
• was granted for the wall . John Vallis replied that Mr . Frizzi
is present to respond to a negative determination made previously,
• Page 2 of 8
Minutes of Conservation Commission Meeting 6-08-89
Robert Crowley motioned to close the public hearing . Martha
Hogan seconded the motion, and the vote was unanimous .
John Vallis asked Mr. Frizzi to show on the plan where his property
begins and ends . Mr . Frizzi indicated approximately 82 feet
from the property line to a tree in an east northeasterly direction,
and that the fence would be constructed approximately 60 feet
from the northwest corner.
Martha Hogan made a motion to ratify a prior negative determination.
Robert Crowley seconded the motion, and the vote was unanimous .
The following change in the order of conditions is to be incor-
porated:
The direction will be changed from southeast to east northeast .
The third condition will be changed to a starting point of approx-
imately 60 feet from the north northwest corner of the property
at a point and running 82 feet along the creek to an existing
tree . A rip rap wall of bluestone and granite not to exceed
a one and a half to one slope along said length of creek will
be constructed.
• PUBLIC HEARING- NOTICE OF INTENT FOR 284 CANAL STREET
BY JOHN BERTINI
Dr . Hugh Mulligan of the Gulf of Maine Research Center addressed
the Commission on behalf of John Bertini regarding his Notice
of Intent for 284 Canal Street . In February of 1988 Dr . Mulligan
nut up 14 flags along the edge of the bordering vegetated wetlands
behind Kimball Road , and upon checking them in the Spring of
this year has found them all in place . Several boulders had
fallen into the wetlands and should be taken from the area .
Mr. Bertini wants to erect a 6 ' chain link fence along his property
within the buffer zone and pave the enclosure for additional
parking. The fence will have no openings at the back in order
to prevent access to the wetlands. Dr. Mulligan said that there
will be catch basins installed and a line of hay bales put up
behind the area. He also said that Mr. Bertini plans to revegitate
the area with low maintenance plants when and if the cease and
desist order is removed . George Ahmed asked if there would
be any signs posted in the area , and Dr . Mulligan replied that
there would be a DEQE site notice . Mr . Ahmed also asked at
what height the drainpipe would empty at and if its diameter
were sufficiently large enough . Dr . Mulligan answered that
it would meet at the existing pipe and that there would be no
backup of water into the pipe . He also said that the parking
lot runoff and rain would drain into the pipe and not into the
• wetland area , and that the gas traps that would be installed
would be cleaned once a year as was the norm.
Page 3 of 8
. Minutes of Conservation Commission Meeting 6-08-89
George Ahmed asked if there are any intentions to build on the
site in the future. Dr. Mulligan replied that there were presently
no plans .
John Vallis asked what the time frame is for the project . Dr.
Mulligan said as soon as possible with an approval , and that
the project could begin within a month of any approval . He
also stated that Mr . Bertini would have three years to complete
the project .
John Vallis then asked if there was anyone who wished to speak
in favor of Mr . Bertini ' s plan. There were none . He then read
a letter from Ward 7 Councilor Mark Blair addressed to the Con-
servation Commission and dated June 7, 1989 regarding his concerns
over the project .
Leo Pelletier of 7 1/2 Adams St . asked to read a letter dated
April 17 , 1989 from the Army Corp . of Engineers . The letter
indicated that unauthorized filling had occurred at the wetlands
in auestion. Mr . Pelletier displayed maps which he said show
the area in which the violation has occurred. John Vallis asked
that it be noted that it is a topographic map developed by Dr . Jerome
Long of New England Graphic and is dated 1965 with revisions
• March 15, 1977 . Mr . Pelletier stated that the area in auestion
is a marsh area in the summer and ices over in the winter .
In 1988 a pipe was put in and much of the vegetation is now
gone. He said that he does not want to see any further development
as there is too much noise and dirt and the developing is occuring
in the neighbor ' s backyards . He also stated that his map showed
the buffer zone to be further than the Gulf of Maine maps show .
The work that has been done has been done with no permits .
He suggested that the Army Corp . of Engineers be brought in
and a decision over what area is wetlands be made. Even though
a cease and desist order was imposed work is being done . Mr .
Pelletier said that he wants to see the area restored back to
its original condition . He and Claire Pelletier of the same
address showed the Commission pictures of the area in the _past
and said that using posts and trees as landmarks one could see
the changes that have occurred.
Polly Ferrior of 4 Bertini Lane asked exactly where the lot
would be . When shown she said that it looked as though it would
be in her backyard . She said that only in the last year and
a half of eighteen years has she seen any water in her cellar,
and that now it floods .
Roger Pelletier of 7 Kimball Road stated that he too gets water
in his cellar , and that for the last 10 years has had to pump
it out .
• Cynthia Bedard of 14 Adams Street asked Dr . Mulligan if salt
Page 4 of 8
• Minutes of Conservation Commission Meeting 6-08-89
stored near wetlands would affect the wetlands because, acccording
to the Board of Health, salt and sand is stored there. Dr. Mulligan
replied that it was not a good idea to store it there because
it could affect the area.
John Alex of 7 1/2 Adams Street said that the area in questions
used to be wetlands .
Larry McIntire of 3 Adams Street said that the area in question
is near his home is also a proposed road. The pipe only extends
half way down and not to the end . He asked which direction
the pipe would drain.
A resident of 9 Adams Street stated that the whole area would
become another pond if all the activity were ceased , and if
water is diverted it will accumulated somewhere else .
Irene Dennis of 4 Adams Street said that she had been a resident
of the area for seventy-five years and that the restaurant itself
was built on wetlands .
Claire Pelletier asked if zoning maps had been checked , and
John Vallis replied that they were not applicable.
• Robert Crowley motioned to close the public hearing . George
Ahmed seconded the motion, and the vote was unanimous .
John Vallis asked Dr . Mulligan why the maps presented differed.
He replied that the Pelletier map was taken from an aerial map ,
and that there was a larger margin of error. The scales differed;
one was 1"= 1200 ' while the other 1 "= 40 ' . Therefore the two
maps were not really comparable . He also stated that if the
rest of the plan were included and he scales adjusted then the
maps would be similar . According to Dr. Mulligan the Pelletier
map was made before the wetland regulations were created.
Geroge Ahmed asked about the drainage pipe. Dr . Mulligan said
that it would extend to the hay bales .
The current vegetation of the area is bare ground with tubers
of fragmites and possibly some box elder trees .
Leo Pelletier said that in April of 1988 he tried to stop the
water pipe proposal . Mr . Bertini had said that he would clear
15 ' of land and revegitate . The revegitation has not occurred
yet . He also said that there seems to be a difference of opinion
between the Army Corp . of Engineers reports and those of the
Gulf of Maine .
• John Vallis informed those present that if the proposal were
approved tonight, any use of the land is subject to zoning laws .
Page 5 of 8
• Minutes of Conservation Commission Meeting 6-08-89
Mr . Bertini presented photos from the 1960 ' s . He said that
he hadn ' t filled anything since that time . He also stated that
since he has been using the property, piles of coal have been
removed as well as trucks that used to be on site of New England
Coke .
George Ahmed asked for the measurements of the proposed area
to the buffer zone . Dr . Mulligan said approximately 85 ' and
no closer than 201 .
John Vallis asked what materials are currently stored on site .
Paul Leblanc replied that only loam and gravel are stored there
now and in the winter months salt and sand piles . He said that
he uses a 5 to 1 sand to salt mixture , and that the City uses
straight salt on the Saint Anne ' s hill on Jefferson Ave. which
is right next to the wetlands . Mr . Vallis asked if any petroleum
products were stored there . He said only oil in containers .
Mr. Leblanc said also that a creosote covered pole will be removed.
Mr . Pelletier stated that there is a 500 gallon tank of deisel
fuel on the site. Mr. Leblanc replied that the tanks were portable.
Ms . Ferrior asked if the trucks could be moved to the other
side of the flea market area.
• George Ahmed stated that the Conservation Commission must stay
within its own jurisdiction and that they can only impose an
order of conditions . Other city bodies such as zoning and planning
regulate the operations .
Due to concerns over hazardous spills and dumping, John Vallis
suggested restricting oil and fluid changes and vehicle maintenancee
work, to seal off the swamp by way of the fence, and materials
considered hazardous to wetlands be stored off site or at least
100 ' away.
Robert Crowley motioned to issue an order of conditions to Mr.
Bertini for 284 Canal Street . George Ahmed seconded the motion,
and the vote was unanimous.
Order of Conditions for 284 Canal Street
The fence will be a six foot high chain link one with no
openings other than an entrance area
Hay bale dykes will be place along the perimeter of the
area of work
No hazardous materials ( ie : petroleum products) nor materials
hazardous to wetlands ( ie : sand and salt ) will be stored within
100 feet of the vegetated wetland area
Only clean fill may be stored within the chained fence
• Page 6 of 8
Minutes of Conservation Commission Meeting 6-08-89
area
Unauthorized fill must be removed and only clean fill may
be stored within the chained fence area
and a gradual slope must be created
The boulders that have fallen into the wetlands area must
be removed
The area must remain flagged
Added after :
The boulders shall be removed from the wetlands area and
then the bale dykes shall be put in place immediately
A slope at grade must be made to prevent puddling
The area to the far left of the plan must be revegitated
as per the prior order of conditions
Maintenance of the gas traps will occur at least once a
year
The chain link fence must be kept in good repair
The drain pipe is to be installed as per plan
All other work shall be done as per the prior order of
conditions
• Separate vote :
Motion made by Robert Crowley and seconded by George Ahmed that
the following be added to the order of conditions : that the
existing gate will be relocated to an opening at the front and
to the northeast corner .
John Vallis reiterated that the use of the site is the _province
of the zoning board.
NEW BUSINESS :
Kathy Winn informed the Commission that she had received a letter
from the Marblehead Water and Sewer Commission regarding the
end of Loring Ave . and Mackey property and the Lead Mill . John
Vallis instructed Kathy Winn to send a letter to the Marblehead
Water and Sewer Commission and schedule an appointment to meet
with them.
The Commission received a letter from New England Power regarding
vegetation management . They asked if any of the targeted areas
were water supply sites . .Kathy Winn said that it wasn't necessary
for them to file . They own the sites , will flag the area , and
were only concerned with non-visible sites . John Vallis said
that the intended areas seemed to be highland areas . Robert
• Crowley said that though some of the sites were wetlands, none
were water supplies .
• Page of 8
Minutes of Conservation Commission Meeting 6-08-89
Kathy Winn told the board of a carbon copy of a letter from
Nicholas Daley to Peter Strout of 29 Riverview Street regarding
dumping on the property. The Board of Health cited the dumping .
John Vallis asked that Kathy Winn contact Mr . Blenkhorn to see
if he wanted the Conservation Commission to become actively
involved.
Kathy Winn presented a letter that she had composed for approval
by the. board regarding illegal dumping at Pyburn Ave . near the
Amanti property . She also said that alot of the material that
was previously dumped had been removed.
George Whittie has cited the Hendricks Co . of 32 Commercial
Street for altering a drainage ditch elevation by two feet .
Kathy Winn visited the site and took pictures . John Vallis
asked the Commission if they felt that a site visit
was warranted. George Ahmed said that it seemed appropriate .
Kathy Winn brought the board up to date on two other possible
site visits : 65 Valley Street and Sable Road.
Walter Abraham of 65 Valley St . is filling in behind his property.
There is a stream that runs along behind the property. A crushed
• culvert is not allowing the water to flow properly. Bill Twomey
of the Mayor ' s office asked that the Commission investigate .
There has been a complaint from a Sable Road resident claiming
that a stream has been diverted to run onto his property. Kathy
Winn has visited the site and checked the appropriate maps and
can see no evidence of a stream . She felt that it was surface
runoff from a possible intermittant stream during rain and not
a wetland area .
Site visits were scheduled for Thursday, June 15 , 1989 to begin
at 3 P.M. at the Commercial Street property.
John Vallis read a letter from Farah Courtney regarding the
tidal flood gates at the Lead Mills . They are in need of repair,
and there operation schedule is having a severe impact on the
area . Ms . Courtney asked that she be informed when the matter
is before the Commission. Mr. Vallis suggested contacting George
Whittie regarding the proposed repair work to see if it would
come under the Commission ' s jurisdiction and giving an order
of conditions if necessary.
George Ahmed suggested a letter of thanks to Dr . Hugh Mulligan
• of the Gulf of Maine for his invitation to the workshop at the
Peabody Museum . Mr . Ahmed said that these workshops are a good
idea especially for new members as most come from different
Page 8 of 8
Minutes of Conservation Commission Meeting 6-08-89
professional backgrounds . He also asked that Kathy Winn look
into a possible reference library for the Commission.
APPROVAL Or MAY 11 , 1989 CONSERVATION COMMISSION MINUTES
A motion was made by Martha Hogan to approve the minutes of
the meeting on May 11 , 1989 . The motion was seconded by Robert
Crowley, and the vote was unanimous .
There being no further business before the board, a motion was
made by George Ahmed to adjourn the meeting . Robert Crowley
seconded the motion, and the vote was unanimous .
The meeting was adjourned at 10 : 15 P.M.
Respectfully submitted by:
Debra A. Tu k� er, Acting Clerk
•
SALEM CONSERVATION COMMISSION
MINUTES OF BOARD MEETING
JUNE 22 , 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday , June 22 , 1989 at 7 : 30 P . M . in the second floor
conference room at One Salem Green.
Present were : John Vallis, George Ahmed, Robert Crowley, Richard
Femino, Fred Harney, and John Bleiler . Also present were Kathy
Winn, Conservation Administrator, and Debra Tucker, Acting Clerk.
Chairman John Vallis called the meeting to order, and introduced
the board members to the public . He asked that anyone that
wished to address the Commission state his name and address
before speaking.
DETERMINATION OF APPLICABILITY- HALEY & ALDRICH, INC.
Bob Bouchard of Haley & Aldrich, Inc . appeared before the Con-
servation Commission Board on behalf of Pine Realty Trust .
Mr. Bouchard was seeking a Negative Determiniation of Applicability
• for the excavation and removal of an underground fuel storage
tank on land leased by the Stop and Shop in Vinnin Square .
The two thousand gallon tank which used to hold #2 heating oil
is located approximately 100 to 200 feet from the Tedesco Pond
area. The land does slope steeply toward the pond, but Mr. Bouchard
does not anticipate any runoff . The work should take only one
day and will be scheduled to take place during a dry spell .
All digging will be done above the water table , and the area
will be backfilled the same day. The storage tank will be drained
first if necessary. A permit from the fire department is necessary.
George Ahmed asked what the distance between the tank and the
pond was . Mr . Bouchard said that it was approximately 100 feet
on a slope at the closest horizontally.
Mr . Bouchard stated that tests of the soil and material found
will be made . If the soil is contaminated, the fire department
and the DEQE must be notified . Any oil left and any grossly
contaminated soil will then be removed.
Richard Femino asked if Haley and Aldrich will be responsible
for the job . Mr . Bouchard replied that they will be . John
Blyor asked how old the tank was . Mr . Bouchard approximated
that it was 32 years old . He also stated that the tank will
not be replaced because the store has converted to gas. Granular
• fill will be used . This will be compacted and then resurfaced
with blacktop.
• Page 2 of 8
Minutes of Conservation Commission Meeting 6-22-89
Kathy Winn stated that she had received a call from a condo
owner that there is a pollution problem in the pond. Some lead
contaminated geese have been discovered . The caller felt that
the problem may be coming from pipes from the Stop & Shop area.
Mr. Bouchard said that there is no evidence of leakage . There
does appear to be some contaminated soil in the area, but that
may be due to parking lot runoff or a past dry cleaning business
nearby.
George Ahmed asked how much of the soil would be removed, and
Mr . Bouchard replied that as little as possible would be removed
as per DEQE suggests .
John Vallis asked if there will be an engineer from DEQE present
while work is being done. Mr. Bouchard said that the department
would be notified and that there would be one present if they
felt the need.
George Ahmed stated that he would like the Conservation Commission
Board to receive a written report of the firms findings . Mr .
Bouchard said that a report would be filed with the fire department
and the state after the work was completed unless contamination
• is found.
Richard Femino asked for which types of contaminants the firm
would be looking . Mr . Bouchard stated that even if there are
no visible signs of contamination, the firm would screen the
soil at different levels while in the field . A photoionization
meter will be used for lab analysis . Mr . Femino noted that
the firm would be backfilling that same day. Mr. Bouchard replied
that if evidence of contamination is found a layer of polyethaline
will be used to segregate the clean fill from the dirty. During
initial testing boring was done every several feet down approximately
five feet into the water table then screened, and tested.
Mr. Vallis asked how much fuel is left in the tank. The contractor
will "stick" the tank the day before to determine how much is
left . The tank will be empty before being removed . The top
will be cut open and then the tank will be emptied then cleaned .
Fred Harney asked if this work was being done strictly due to
the conversion from oil to gas . Mr . Bouchard replied that it
was and that many sites had been surveyed.
John Vallis asked if there was anyone who wished to speak in
favor of the firm receiving a negative determination . There
was none .
• Fred Sullivan of the Marblehead Conservation Commission spoke
against a negative determination . Marblehead is considering
Page 3 of 8
Minutes of Conservation Commission Meeting 6-22-89
reactivating a nearby well field because of water shortages .
He said that there may be problems with drainage to a lower
pond if the tank is disturbed . He urged that the firm take
all the precautions that it could to assure that the job be
done well .
George Ahmed motioned that the Public Hearing be closed. Robert
Crowley seconded that motion, and the vote was unanimous.
George Ahmed stated that he would like documentation on file
with the findings at the site. Richard Femino asked if it wasn' t
standard procedure to have an engineer from the DEQE present .
John Bleiler stated that they only have to be notified . It
is then up to them whether they visit the site or not .
The board asked Mr . Bouchard who would actually be doing the
work. He replied that Zecco a division of Metcalf Eddy would
be doing the work. They have gotten a five million dollar insurance
certificate and are very experienced in the field.
Mr. Femino asked Mr. Sullivan if there were any specific removal
procedures required by Marblehead. He said that the last problem
of a leaking tank occurred in the harbor and the firm was required
• to have a boom in place.
George Ahmed asked what the soil composition of the area was
and if it is a type that is very permeable . Mr . Bouchard said
that it is granular matter and fill with regrading done . He
said that when excavation is done , any material removed will
be placed in a lined container. there will be no rain or runoff
problems. Then the soil can be replaced or removed if contaminated.
John Vallis asked what the time frame would be if the soil is
found to contaminated . Mr . Bouchard said that according to
the Massachusetts contingency plan, the firm would then have
to notify and file a plan with the DEQE which would have to
be approved before the work could be done . Since it is not
a priority site, that could take four years.
Robert Crowley stated that with good precautions it would be
best to remove the tank now before it begins to leak.
Fred Harney stated that the specifications seem good and that
he is in favor of the plan.
Richard Femino , George Ahmed , and John Bleiler agreed with Mr.
Crowley and Mr . Harney and also requested a lab report with
soil conditions .
George Ahmed motioned to grant a negative determination of applica-
bility for the site with contingencies that the lab findings
Page 4 of 8
• Minutes of Conservation Commission Meeting 6-22-89
and analysis of data be sent to the Conservation Commission ,
a copy of the specifications be attached to the request , a copy
of the bonding contract be sent , and that a sketch with approximate
distances locating both the pond and the tank be included .
Fred Harney seconded the motion, and the vote was unanimous .
DISCUSSION OF SALEM STATE SOCCER FIELD EXPANSION
The Salem State soccer coach Nick Padovani appeared before the
board to request that Salem State College be allowed to develop
10 , 000 feet of wetlands for additional soccer field space .
Sixty-five thousand dollars has been raised over the last four
years for the development . Mr. Padovani wants to move the wetland
and extend the pipe further . He feels that the area is not
really a wetland . He proposed that a hill will be taken down
and that material will be used for fill . A retaining wall will
be built and shrubs will be moved and replanted on the outside
of the fence. The area was once marked.
George Whittie stated that a drainage alteration permit would
be required from the City.
John Vallis asked the board if they felt that a site visit was
• in order. The board agreed and a site visit will be scheduled
for July 8, 1989 at 9 A.M.
DISCUSSION: TIDAL GATE REPAIR
George Whittie , City of Salem Public Works Director, addressed
the board concerning proposed repairs to the tidal gates near
the Forest River Conservation land . The City is proposing to
repair the existing gates . The movable parts , gearings , and
motors , including electrical switch gears, will all be repaired
or replaced . The estimated repair time is 20 weeks because
getting new motors may be a problem . Mr . Whittie stated that
the proposed operating time schedule can be adhered to as he
has a crew on call at all times .
John Vallis stated that the Conservation Board could not enforce
the hours of operation. The Planning Department would have
to be consulted . He would have to check with the Mayor to see
if a schedule could be attached as an order of conditions .
Mr . Whittie said that there should be no problem with that issue.
Richard Femino asked why the flood gates were installed. Mr. Whittie
replied said that they were put in around the turn of the century
with modifications made in 1964 for flood control as well as
for recreational use . By the 1980 ' s only two were functional .
John Vallis added that they were installed for statutory purposes
• for the neighbors to create a beach.
Page 5 of 8
• Minutes of Conservation Commission Meeting 6-22-89
Fred Harney asked if applying equal pressure would be a problem .
George Whittie replied that there is one stationary gate and
one moveable one, and that there would be no problem . Richard
Femino asked if there had been a build up of silt around the
gates and if it would be removed . Mr . Whittie replied that
there was a buildup, but that it would not be removed. He also
said that by eliminating the drive shafts and with regular yearly
maintenance, this system should last a long time.
Ian Smith of the state Coastal Zone Management said that there
used to be a large smelt run in the Forest River area in the
past . There are indications that the run may be returning .
The CZM is interested in maintaining conditions that would be
conducive to the return of the run . He also stated that the
CZM feels that it would be well withing the jurisdiction of
the Conservation Commission to impose hours of operation as
part of the order of conditions .
Mr . Sullivan of the Marblehead Conservation Commission said
that to repair the gates would be a great amount of work . He
said that he felt that the Commission should hold a public hearing,
and that the tidal gates have caused harm to wetland areas .
There has been significant encroachment of freshwater materials
• in the salt water marsh areas . He stated that the town line
is the edge of the river . Marblehead is losing land due to
the operation of the gates , and they are destroying marsh land
on both sides . Mr . Sullivan felt that the gates should be removed
or left open.
Richard Femino asked if there had ever been any recorded instances
of flooding . Mr . Sullivan stated that just the opposite had
been occurring , and that the flora and fauna was being killed
and the bank was eroding.
Mr . Femino asked who would be funding the repair work, and Mr.
Whittie responded that it would be City money.
Don Jeffrey representing the Salem Neighborhood Association ,
gave a history of the tidal gates . He stated that they were
installed for recreational purposes as well as for flood and
pollution control . Mr . Jeffrey stated that the gates were closed
only on weekends and never for long periods of time. Only in
the case of an emergency such as the Blizzard of 1978 and an
oil spill have the gates remained closed otherwise . He said
that the reason for tidal pressure problems and erosion problems
was due to the fact that there is only one gate that is currently
operational . Professor Moore of the Salem State College Biology
department has created time charts for the tides. George Whittie
added that the gates were being opened and closed during normal
working hours rather than at the correct tides . Mr . Jeffrey
stated that the water clarity at Pickman Park is good , and that
Page 6 of 8
Minutes of Conservation Commission Meeting 6-22-89
regular year round operation of the gates would help with the
maintenance . An electric motor should have no impact on the
wetlands . And repair work to the gates and gears should have
no impact on the area.
The board felt that a site visit of the tidal gates would be
appropriate and scheduled one for July 8, 1989 .
DISCUSSION: CLEAN-UP OF LOT BETWEEN #29 & #35 STATION ROAD
Michael Beatrice appeared before the board regarding a request
to clean up the lot between lot #29 and #35 on Station Road .
Mr . Beatrice checked the area in question and picked up wind
blown debris . He has no immediate plans for the land and does
not wish to clear the land which he feels would make the lot
attractive to children and possible trespassing and subject
him to possible liability . He has agreed to cut back some of
the growth that is near the street . Mr . Beatrice has written
to various City departments regarding a pool of water at the
back of the lot and two unconnected pipes which drain there .
He would like to connect the pipe so that the water would not
drain onto his property.
• Kathy Winn instructed Mr . Beatrice to file a Notice of Intent
with the Commission regarding connecting the pipe.
John Vallis said that he may need an easement to connect the
.pipes . He suggested that Mr . Beatrice get some legal advice
to determine who is responsible for the pipe. Mr. Vallis also
said that he should file a Notice of Intent . Under the order
of conditions he would have three years to complete the work.
After consulting a map of the lot, John Bleiler asked if a site
visit would' be appropriate . George Ahmed agreed and said that
because the map showed wetland areas in front , Mr . Beatrice
should hold off on trimming the vegetation.
OLD BUSINESS
The board addressed Mr . & Mrs . Abraham of 65 Valley Street .
John Vallis stated that after a site visit by the board to the
property , they had determined that new fill had been added to
the back of the property which is well within a buffer zone
and probably even wetland area. He also said that it is within
the jurisdiction of the Commission to protect the City ' s wetland
areas and the ecosystem . The board is very concerned that Mr.
Abraham had not appeared before the board before the work was
begun , and that the grading appears to have been changed by
• two feet . John Bleiler stz(ted that the fill is within a buffer
zone and that the house appeared to be as well .
• Page 7 of 8
Minutes of Conservation Commission Meeting 6-22-89
Mr . Abraham stated that he is only filling three to four feet
from the bank to level his yard . John Vallis said that the
board had seen from a neighboring yard fresh fill and tractor
prints . Mr . Abraham said that a truck dumps the clean fill ,
and he distributes it around the area . He also said that he
is expecting six more loads of fill . He said that none of the
fill has gone over the edge of the slope. The trees and bushes
are still there.
John Vallis said that the area is clearly within a buffer zone,
and suggested that if allowed to continue , he would like to
see fertilizer use banned to avoid runnoff. John Bleiler suggested
an erosion line. Fred Harney indicated that a Notice of Intent
should still be filed . Mr . Vallis informed Mr . Abraham that
the conditions are being made to protect the wetland and not
to stop him from improving his yard but just to control what
is and is not done.
George Ahmed suggested that the board review the Notice of Intent
once it is filed and then issue an order of conditions . John
Vallis asked if Mr . Abraham could wait until this is done .
Mr. Abraham replied that he would if he was ordered to do so .
Geroge Ahmed asked the distance that is being filled. Mr. Abraham
• said approximately thirty feet which stopped six feet from the
edge.
John Vallis stated that reseeding the area would be allowed
as long as no fertilizers were used . Also no addtional fill
should be brought in until the correct slope is determined and
to prevent unclean fill from being used.
Fred Harney motioned to issue a cease and desist order to Mr . &
Mrs . Abraham of 65 Valley Street prohibiting the use of unclean
fill or fertilizer on the area facing the wetlands. It is also
ordered that the filled areas shall not exceed the present grade.
A Notice of Intent is to filed with the Conservation Commission
for the remainder of the work . area that faces the wetlands .
The board discussed the filling in of land at Hendricks Manufacturing
on Commercial Street . According to the owner the contractor
on the North Street sewer project last year asked if the fill
that had been removed from the project could be placed there .
The owner felt that he was doing the City a favor and agreed.
C .E. Maguire confirmed that that is where the fill came from.
The fill was then leveled out . The board asked that Kathy Winn
send a letter to Hendricks Manufacturing to appear before the
board regarding the fill and their intentions.
• The board instructed Kathy Winn to send a letter to Mason Realty
the other area on Commercial Street where there is evidence
of filling activity to come before the board.
• Page 8 of 8
Minutes of Conservation Commission Meeting 6-22-89
Robert Crowley said that there is another area across the canal
with piles of fill . Kathy Winn said that that was on State
owned land, but that it still falls under the Commissions juris-
diction.
George Ahmed asked that a letter be sent to Council member O'Leary
regarding the Board ' s inspection of Sable Raod . Based on a
visual inspection of the area the board found no evidence of
water. Mr. Ahmed also asked if a reply was ever sent to Councilor
Nowak regarding the boat yard culvert at Winter Island. There
was no evidence that the culvert was blocked.
NEW BUSINESS
Kathy Winn informed the board that a student Muncipal Intern
had been appointed to the Commission by the Mayor. The appointment
will begin in September.
Ms. Winn also informed the board that the residents of the Bertini
area had filed an appeal .
• Fred Harney stated that Mr . Bertini had applied to the Board
of Appeals for a Special Permit because it is a flood plain
wetland area.
Kathy Winn said that Council Member Blair had introduced to
the City Council an order regarding zoning ordinance regarding
Pummel Construction on the Bertini land.
APPROVAL OF MINUTES FROM JUNE 8 , 1989
Robert Crowley made a motion to approve the minutes from the
June 8 , 1989 Conservation Committee meeting . Richard Femino
seconded the motion, and the vote was unanimous .
There being no further business before the board , a motion was
made by Robert Crowley to adjourn the meeting. George Ahmed
seconded the motion, and the vote was unanimous .
The meeting was adjourned at 10: 05 P .M.
Respectfully submitted by:
Debra A. Tuski6r, Acting Clerk
i
SALEM CONSERVATION COMMISSION
MINUTES OF BOARD MEETING
JULY 13 , 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday , July 13 , 1989 at 7 : 30 P . M. in the second floor
conference room at One Salem Green.
Present were : John Vallis , Robert Crowley, Richard Femino ,
Fred Harney, Martha Hogan, and John Bleiler . Also present were
Kathy Winn, Conservation Administrator, and Debra Tucker, Acting
Clerk.
Chairman John Vallis called the meeting to order, and introduced
the board members to the public . He asked that anyone that
wished to address the Commission state his name and address
before speaking.
PUBLIC HEARING: 164R BOSTON STREET
A public hearing was held for a proposed four story 48 unit
development for 164R Boston Street . The site is located on
�. the Salem/Peabody line . Attorney Ellen Winkler said that the
project will house mixed income tenants . Since a portion of
the site crosses the buffer zone of a wetland area a Notice
of Intent was filed with the Conservation Commission.
John Vallis asked about the drainage of the site. Chris Mello
of Eastern Land Survey Associates said that a closed drainage
system will be installed with catch basins and manholes . He
said that the lot is in a Zone A , contour 11 within the 100
year flood. plain . The elevation is 12 feet above sea level
at Howley Street and 11 feet at the town line.
John Bleiler asked if there would be grease traps installed
in the catch basins . Mr . Mello replied that this was not in
the plan but that it could be made a part of any order of conditions
that the Commission may issue. Mr. Bleiler asked if there would
be any water storage lost at the eleven foot elevation and if
there was any compensatory water storage . Chris Mello said
that there was none. There are two pads planned for the building.
The area near the North River is the lowest . The developer
will excavate the land at the lower level . There are parking
areas designed under the 100 year flood plain study. John Bleiler
asked what would happen to the parking area during a 100 year
flood. Mr. Mello stated that they would be under water . John
Vallis asked if this wouldn ' t be a problem. Mr . Mello replied
that he did not see it as a problem.
Staked hay bales will be placed along the north edge along the
• Page 2 of 11
Minutes of Conservation Commission Meeting 7-13-89
railroad tracks . This should prevent siltation onto the tracks .
Mr . Mello also stated that the plan will be reviewed by the
City of Peabody Conservation Commission next week.
Richard Femino asked how many storm drains would empty into
the North River. Chris Mello said that there would be approximately
twenty from three point sources of drainage of which there is
only one located on Salem property.
John Vallis asked what type of deicing materials would be used
for the site . Mr . Mello replied that there were none planned
yet . Richard Femino asked if the site would be kept up by a
private maintenance firm . Mr . Mello said that there would be
raking , mowing, etc . done by a management company. Mr. Femino
also asked if this management company would solve any problems
that might arise from a problem with the catch basins . Chris
Mello replied that it would.
John Vallis asked about the high tide level . Chris Mello said
that at high tide the actual pipes would be under water but
that the catch basins wouldn ' t be . The water would then seek
its own level .
• Mr . Vallis asked about the issue of hazardous waste. Attorney
Winkler stated that there has been no hazardous waste found
on the Salem property . Chris Mello said that there used to
be an old wooden barn on the site. CSS Architects of Wakefield
designed the plans for the building. Their representative stated
that there were plans for parking under and along side the building.
There will be no access from the Salem side as the entrance
is planned for Howley Street . The building will be of brick
with stud backup and will consist of a mixture of one and two
bedroom units . The one bedroom units will be 650 square feet
and the two bedroom units will be 950 square feet.
John Vallis asked about the utility access to the entire project .
Chris Mello said that the water and sewer will be fed from Peabody
through Howley Street on the north side.
John Bleiler asked about the point source discharge. He asked
if there were any other permits such as from the DEQE or NPDS
that were required for the project . Mr . Mello said that he
was not sure yet . He said that it may require one from the
DEQE and maybe a permit from the railroad.
John Bleiler asked how the 18 to 20 year high tide would affect
the property . Chris Mello reported that according to the mean
tides the water does not come out of the river . He estimated
the high tide to be on average 6 to 7 feet, and the bank height
is 9 feet .
Page 3 of 11
Minutes of Conservation Commission Meeting 7-13-89
John Vallis asked about the area near the canal that is in the
buffer zone. According to Mr. Mello the area will be a landscaped
birm area which will be maintained right up to the railroad
tracks . He also said that there is a railroad crossing only
three times a week. There are no plans yet for the maintenance
and fertilizer use of the landscaped area.
John Vallis asked if there was anyone who wished to speak in
favor of the plan . There were none . He then asked if anyone
would like to speak in opposition.
Thomas Brennan of 160 Boston Street asked the Commission if
they had visited the site . John Vallis replied that they had .
Mr . Brennan said that he had lived on Boston Street for sixty
years . He also stated that the area floods quite often . In
February and March the area floods over the tracks and the access
road from the tracks to Howley Street . He felt that the flooding
problem would worsen with the addition of families at the site.
John Vallis asked in the event of a flood where the area would
flood and how long it would take to drain. Chris Mello said
that the Salem elevation was 11 feet and at Howley Street it
Is 12 feet . He said that it would flood approximately 2 feet
• at the Peabody building and 3 feet at the Salem area . He could
not give an exact time for the drainage of the area, but said
that the pipes have been designed for a ten year flood.
Richard Femino asked if there had been any studies done on the
contents of the North River . Chris Mello said that the developer
had not done any testing of the North River because the site
does not directly abut the river . There is a strip of land
between the river and the property in question.
John Vallis stated that from a practical standpoint the parking
area will flood in the event of a flood . Chris Mello agreed
and said that it is a flood storage site so that any cars left
there during a flood would become wet .
Susan Reese of 30 Silver Street said that the notice that she
had received stated that some portions of the area are in a
wetland buffer zone . She said that the site is in a filled
in area and wondered how it could be defined as a wetland.
John Bleiler replied that wetland resource areas are defined
by the State as any area within 100 feet of the top slope of
a river and are known as bordering vegetated wetland.
Steve Drebit of 150 Boston Street asked if the installation
of a sewer pumping station was a possibility. Chris Mello replied
that the Howley Street sewer line is lower , the sewer invert
is 4 .03 feet, and that gravity would keep the water from backing
up pipes . Mr . Drebit asked about the pitch. Mr. Mello said
• Page 4 of 11
Minutes of Conservation Commission Meeting 7-13-89
that it would be . 5% or 1% . Mr . Drebit then asked if a flood
would have any effect on the sewer system. Mr. Mello said that
it wouldn't because the pipes are water tight . Mr . Drebit wondered
if a blockage in the system would back sewage up through the
system and if the system is capable of handling all of the waste
that would come from 48 units . Chris Mello said that he had
designed the system and felt comfortable that the system is
capable of handling the waste . The site plan will be reviewed
by the City of Peabody. Mr . Drebit asked from where would the
drinking water be supplied . Mr . Mello replied that the water
would come from Peabody through Howley Street through a ten
inch pipe . Tests have shown that this would be adequate for
the 48 units . Mr . Drebit said that he felt that the development
was too close to the river and borders on being unsafe . He
said that his property had been in the family for 70 years .
The area floods often and there used to be a pond there.
Mrs . Foley of 158 Boston Street has been a resident for 52 years.
She said that she too had seen the area flood, and that it will
happen again.
Joan Sweeney of 22 Silver Street had seen the area often flood,
and that the water remains puddled for a long time . She said
• that Peabody is planning a dredging project at Foster Street.
Mrs . Sweeney feels that this will worsen the flooding . She
also stated that there are PCP 's and chrome in the river content.
The oil and grease from the parking lot will wash into the river.
Mrs . Sweeney said that there is a freight railroad crossing
twice a day.
Robert Crowley made a motion to close the Public Hearing. . John
Bleiler seconded the motion, and the vote was unanimous .
John Vallis asked if there were any areas designated to hold
stagnant water . Chris Mello said that there would be catch
basins and underground pipes . The water puddles in the low
areas but should drain right away.
Richard Femino asked about the flooding effects of the river.
He said that no one is sure exactly what waste is in the water .
There will probably be children living in the development .
He said that he felt that someone should determine what was
in the river water . Chris Mello stated that as developers of
the property they have no right to test the river ; it is not
on their property. Mr . Femino said that he agreed that they
were not responsible for the condition of the river , but he
said that he felt that the prospective tenants should be made
aware of any potential danger. Mr. Mello said that the project
• will not exacerbate the problems ,of the North River and may
even improve it by stopping the erosion and siltation currently
occuring.
Page 5 of 11
Minutes of Conservation Commission Meeting 7-13-89
John Vallis asked if any fencing could be erected in the area .
Attorney Winkler replied that according to Condition #20 of
the Comprehensive Permit issued by the Board of Appeals any
lighting or landscaping plans are to be reviewed by the Salem
Planning Board and the Salem Board of Appeals .
John Bleiler asked if there were any other compensatory storage
other than the parking area . Chris Mello replied that every
area will flood . The developer cannot create an area or build
anything that will alter the flood area.
John Vallis asked about trash receptacles and any debris that
may find its way into the North River . Chris Mello said that
they are unable to block any matter coming onto the property
and would therefore be unable to block any matter flowing out .
Mr . Vallis stated that he was concerned with maintenance of
the area especially after the flooding . Mr . Mello said that
It is a large project and would probably have a maintenance
plan.
John Vallis asked about the type of gas traps and which materials
that they would trap . Chris Mello said that they could use
traps designed for normal parking areas . Due to the flooding
• problem he questioned the value of the traps and said that this
is why they are not in the original plans. John Bleiler suggested
some type of pillow for the traps that would absorb parking
lot materials.
Paul Summer suggested an environmental MDC trap that is hooded
with a baffle. The pillows , he has found , are only 20% to 30%
effective and are not usually used in the northeast because
of the six month freezing that occurs .
John Bleiler asked if the City Engineer could be consulted.
John Vallis stated that the plans are subject to review by the
City Engineer according to Condition #8 of the Comprehensive
Permit .
John Vallis said that the Commission should have on file the
results of testing of the waters of the North River by the State.
There were a lot of waste and heavy metals found. Richard Femino
added that this will be flooding up onto the parking lot area .
John Vallis stated that anything in the North River could end
up on the site, and that the developer cannot prevent the flooding..
He also said that he was concerned about the parking plan.
Richard Femino asked if there was a system for getting rid of
water and any contaminants . Paul Summer replied that regular
maintenance of the catch basins and traps usually quarterly
• would remove some contaminants . He said that oil and grease
tend to be held up and deposited into the catch basins . He
said that this is really the only one way where there is a drainage
• Page 6 of 11
Minutes of Conservation Commission Meeting 7-13-89
system that floods . It would be impossible to filter when the
area is inundated with water.
Paul Summer said that vegetation for the landscaping will be
chosen with the flood plan in mind. Currently there is no vegetation
in the area, except some areas of goldenrod, due to State author-
ization of the railroad ' s use of herbicide in the area . No
vegetation will be planted that would prevent the flooding only
for slope stablization. The right of way area will not be reveg-
etated.
Richard Femino asked if any soil testing had been conducted
of the area. Attorney Winkler said that there was no hazardous
material found and presented a copy of the Chapter 21E report
of the site.
John Vallis stated that if the B & M parcel of land was ever
sold, the owner would have to come before the Conservation Commission
for approval of any plans.
John Bleiler felt that the point source discharge was still
a problem. He stated that this was a large project for this
site . He said that there would be problems with the provision
• for parking for 96 cars at that elevation and the materials
in the North River . He said also that there is little green
space left in the City.
John Vallis asked if the management company for the project
would be willing to tow or move cars if there were a flood anti-
cipated.
Fred Harney made a motion to approve the Notice of Intent for
164 R Boston Street . Robert Crowley seconded the motion and
the vote was as follows:
Ayes Nava
John Vallis John Bleiler
Robert Crowley
Richard Femino
Fred Harney
Martha Hogan
Robert Crowley made a motion to attach to the Board of Appeals
order of conditions for 164R Boston Street the following Special
order of Conditions:
1 . Gas traps to be installed at catch basins , manholes, and
piping and regularly maintained all to be approved by the
• Salem Conservation Commission.
2 . Any changes issued by any other applicable Salem board
Page 7 of 11
•. Minutes of Conservation Commission Meeting 7-13-89
( is : Planning, Appeals, etc. ) affecting the property shall
cause the owner to appear before the Conservation Commission
again for further approval .
3 . No hazardous materials nor salt for deicing purposes may
be used on or stored at the site.
4. A landscaping plan shall be submitted for board approval
incorporating a revegetation plan and a fence for the area
along the buffer zone.
5 . The developers must comply with the Board of Appeals' Compre-
hensive Permit and Order of Conditions which shall be attached
to this order of conditions.
6. The Conservation Commission requests a copy of any orders
of conditions issued by any board of the City of Peabody.
7 . The study done by the state of Massachusetts shall be incor-
porated into the Conservation Commissions ' file.
8 . There is to be no storage of commercial vehicles , trailers ,
boats, or vehicles with more than two axles.
Fred Harney seconded the motion, and the vote was unanimous .
DISCUSSION
The board discussed the unauthorized filling activity occuring
• in the North River canal area behind Commercial and Boston Streets.
A site visit to the area was made by the board.
Dan Wiggin of 32-36 Commercial Street and owner of Hendrick
Manufacturing appeared before the board. The filling on his
property occurred a year and a half ago during the sewer project
on Route 114 . The contractor , Joseph Beote , dumped fill on
his property . Mr . Wiggin spoke with Mr . Beate who said that
he had thought that it was state land. Mr. Wiggin told Mr. Beote
that if he wanted to continue the fill must be clean. Mr. Wiggin
said that he was unaware that he needed Commission approval .
John Vallis told Mr . Wiggin that the Commission was concerned
because structural changes had been made in the grade of the
site. He said that there is a substantial amount of new fill .
Fred Harney said that this may involve State property and Division
5 was unaware of any authorization of filling. He stated that
he will remove himself from the issue to avoid conflict. John
Valli§ said that this was only discussion.
Mr . Wiggin stated that the filling had occurred between the
railroad tracks. Kathy Winn stated that according to the FEMA
map this area is within a 100 year flood plain.
• Fred Harney stated that the fill is stored on land where the
memorial business is located as well . Dan Wiggin stated that
from what he has seen that fill is deposited and removed. Mr. Wiggin
• Page 8 of 11
Minutes of Conservation Commission Meeting 7-13-89
said that his company, which makes industrial machine tools
for the plastics and woodworking industries , has outgrown is
present building . He has been thinking of expanding back .
He feels that this work would help to clean up the site and
make it visually more attractive as well .
Fred Harney asked how much fill it would take to expand. Mr. Wiggin
replied that the filling has not occurred for expansion reasons
although he said that it will be helpful . He has not had any
survey of elevations done yet . He did not think that he would
need much more fill though.
John Vallis said that the filling activity is in violation of
a City ordinance and State statute which controls activity in
Zone A within 100 feet of the North River.
Aaron Weinstein owner of 53 Mason Street also appeared before
the board regarding unauthorized filling activity. He too was
asked if fill could be stored there when work was being done
to North Street . Mr . Weinstein said that there is a lot of
dumping of cars, bikes, and tires that occurs on the site near
the North River . He has put up a fence to try to stop some
• of the dumping. He stated that he should have come to the Commission
for approval but at the time was unaware that it was required.
As soon as he received the Conservation Commission ' s letter
he stopped the filling activity. The fill that was put there
before was leveled. Mr. Weinstein said that he would like all
parties to work together with board approval to plan something
better for the site. He said that the area could provide jobs
and industry.
John Vallis instructed Mr. Wiggin and Mr. Weinstein to maintain
the status quo and not to engage in any more filling activity
until they present a plan to the Conservation Commission for
approval .
John Bleiler asked if the board should issue a cease and desist
order and request the filing of a Notice of Intent . John Vallis
replied that this would be the correct step so that the Commission
could issue an order of conditions to control the work.
Aaron Weinstein asked if they could reinforce the canal bank
and continue the filling . Mr . Vallis replied that there was
some severe erosion in some area . Dan Wiggin asked if they
should present a properly engineered plan . John Vallis said
that they should contact Kathy Winn who would help them file.
If the slope is to be changed more than two inches then the
Department of Engineering may become involved.
• Fred Harney asked about .the third property where the filling
activity was seen. He said that in all fairness they too should
. Page 9 of 11
Minutes of Conservation Commission Meeting 7-13-89
be reprimanded.
John Bleiler moved that a cease and desist order be issued to
the owners of 32-36 Commercial Street and 53 Mason Street with
regards to unauthorized filling activity. Richard Femino seconded
the motion, and the vote was unanimous.
Kathy Winn will check with the assessor ' s office to see who
owns the third site at which there is filling activity occurring.
Robert Crowley moved that the Conservation Commission issue
a cease and desist order to the third party at Commercial street
that is filling his property. John Bleiler seconded the motion,
and the vote was unanimous .
Fred Harney asked that a copy of the cease and desist orders
be sent to the State District 5 . The board also requested that
copies of the cease and desist orders be sent to the Planning
Board , the Building Inspector , the Board of Health , and the
DPW.
OLD BUSINESS
John Bleiler said that he had received a call from Professor
• Morin of Salem State College who said that he was concerned
that there appears to be work going on at the tidal gates.
John Vallis reported that the Vice President of Salem State
College spoke with soccer coach Nick Padovani regarding his
request of the Conservation Commission concerning soccer field
expansion. The plan requires state approval first .
Kathy Winn reported that there has been no filing by the owner
of the property at 29-35 Station Road although she had sent
him a Notice of Intent form. She also stated that there was
no filing received as of yet from 65 Valley Street.
Mr . Sullivan , a representative of the Marblehead Conservation
Commission, asked whether or not the Salem Conservation Commission
had decided whether or not a Notice of Intent should be filed
for work to be done at the tidal gates.
John Vallis replied that according to George Whittie there was
no work slated for this year as it has been estimated to take
twenty weeks in order to get the necessary parts. The Commission
had asked that Mr. Whittie try manually to open the tidal gates
a bit in order to alleviate the deteriorating marsh problem.
Mr. Sullivan asked if he did not need to file a Notice of Intent
• in order to do that work.
John Vallis replied that he would like to consult the City Solicitor
• Page 10 of 11
Minutes of Conservation Commission Meeting 7-13-89
regarding the matter first .
Ian Smith stated that Coastal Zone Management feels that it
would be within the Conservation Commission ' s jurisdiction to
require a Notice of Intent .
Richard Femino asked if the gates were even necessary. He feels
that the necessity of the gates should be determined first .
John Vallis said that it was his understanding that the gates
were installed first for protection of the area during storms
and then for recreational purposes for the Pickman Park area.
Richard Femino said that anyone who lives on the coast must
_ realize that there are both high and low tides . He said that
he does not see the need to control the tide.
Ian Smith stated that the State feels that any repair work must
address the hourly operation as well . He said that the CZM
attorney states that no other state ordinance takes precedence
over the Wetlands Protection Act .
John Vallis again stated that he wants a decision from the City
Solicitor first and will report the answer back. He said that
• he would like to proceed carefully and get a legal opinion and
that he hoped to have an answer at the next meeting. Mr. Sullivan
asked that he be kept abreast of the situation. Farrah Courtney
of Marblehead wrote regarding the operation of the gates . She
hoped that a compromise could be reached between Salem and Marble-
head.
John Bleiler stated that he had been to the Leach Street Beach
to investigate the claim of filling and dumping as per a City
Council order . Mr . Bleiler reported that there appeared to
be some debris on the beach and some filling that has occured,
but there is no way to tell who has done it . John Vallis said
that he will look over the file at the City Clerk ' s office .
Kathy Winn will contact Councilor Martineau to see exactly what
information he needs.
The board signed an Order of Conditions for 164R Boston Street,
Salem.
APPROVAL OF MINUTES FROM JUNE 22 1989
Richard Femino made a motion to approve the minutes from the
June 22 , 1989 Conservation Committee meeting . John Bleilor
seconded the motion, and the vote was unanimous .
•
Page 11 of 11
Minutes of Conservation Commission 7-13-89
There being no further business before the board , a motion was
made by Fred Harney to adjourn the meeting. Richard Femino
seconded the motion, and the vote was unanimous .
The meeting was adjourned at 10:00 P.M.
Respectfully submitted by:
Debra A. Tucker, Acting Clerk
•
SALEM CONSERVATION COMMISSION
MINUTES OF BOARD MEETING
JULY 27 , 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday , July 27 , 1989 at 7 : 30 P . M . in the second floor
conference room at One Salem Green.
Present were : John Vallis, Robert Crowley, George Ahmed, Richard
Femino, Fred Harney, Martha Hogan, and John Blieler . Also present
were Debbie Hurlburt of the Planning Department , and Debra Tucker,
Acting Clerk. ,
Chairman John Vallis called the meeting to order, and introduced
the members of the Conservation Commission.
DETERMINATION OF APPLICABILITY- 65 VALLEY STREET
Walter Abraham of 65 Valley Street appeared before the board
• regarding his Request for Determination of Applicability for .
filling to be done on his property . A Cease and Desist order '
specifying that no unclean fill or fertilizer be placed within,
100 feet of the wetland and that the filled area should not,
exceed present grade was issued at the June 22 , 1989 Conservation
Commission meeting.
Mr . Abraham is requesting approval of his plan to place clean
fill on top of his property . The fill will be mostly sandy
gravel and loam . There will be no hot topping done. According
to Mr . Abraham the filling will be done at least three to four
feet from the edge of the property . George Ahmed asked if he
did not anticipate any runoff from his land to the buffer zone
below. Mr . Abraham replied that he did not .
John Vallis asked what type of fence Mr . Abraham intended to
erect . Mr . Abraham said that he is planning to put up a wooden
stockade fence . Fred Harney asked if there were any cars to
be parked on the site . Mr . Abraham replied that there were
none to be parked on the area in question . Mr . Harney asked .
if the lot lines of the neighboring lots were all fairly even
and if all of the filling will be done on the Abrahams ' own
property . George Ahmed informed Mr . Abraham that if approved
he could do the work on his property only . Mr . Abraham said
that he understood . John Vallis said that the lots appear to
be about even and asked Mr . Abraham if there were plans for
• the removal of any existing shrubbery, and Mr . Abraham replied
that he wasn' t planning to remove any.
• Page 2 of 6
Minutes of Conservation Commission Meeting 7-27-89
Martha Hogan moved that a Negative Determination of Applicability
be made for 65 Valley Street . Richard Femino seconded the motion,
and the vote was unanimous .
The ,Commission mandated the following conditions for the filling
of property at 65 Valley Street :
1 . The same level of land as the abutters shall be maintained.
2 . The work planned for landscaping and fencing must conform
to the plan submitted
3 . All work must be performed withing the borders of the
property at 65 Valley Street .
4 . The slope is to be such as in proper proportion in order
to keep any runoff on said property.
5 . The use of fertilizers , insecticides , and herbicides
shall be in proper proportions and kept to a minimum and used
only as necessary.
6 . Replacement of an existing stockade fence shall be according
to the plan submitted on July 27 , 1989 and be maintained in
good condition.
7 . Shrubbery shall be placed inside the fence line in general
accordance with the sketch submitted July 27 , 1989 .
B . Vegetation shall be planted so as to prevent erosion
• on the rear side of the fence at the lot line .
9 . Only clean quality fill as defined by the Wetlands Protection
Act shall be used.
10 . All clippings and cuttings shall be disposed of in the
proper manner according to City regulations and shall not be
thrown into the area outside of the fence at the buffer zone.
Richard Femino moved that the above Order of Conditions for
the Negative Determination be issued for property at 65 Valley
Street. Fred Harney seconded the motion, and the vote was unanimous .
Robert Crowley made a motion that the Cease and Desist Order
issued to Walter Abraham of 65 Valley Street on July 13 , 1989
be termiated . Martha Hogan seconded the motion , and the vote
was unanimous .
SOMERVILLE LUMBER BRIEFING
Ron Killian of the Fafard Company appeared before the Conservation
Commission in order to brief them of plans for a 96, 000 square
foot Somerville Lumber to be built at the corner Trader ' s Way
and First Street . Fred Harney excused himself from discussion
of the matter .
The project is still under an order of conditions from October
• of 1984 . Mr. Killian stated that he wanted to ensure Somerville
Lumber that there would be no additional conditions from the
Conservation Commission . The area in question is outside of
• Page 3 of 6
Minutes of Conservation Commission Meeting 7-27-89
the 100 foot buffer zone, but Somerville Lumber wanted to receive
the Conservation Commission' s assent to the project .
According to Ron Killian there will be one 800 foot road as
primary access from Whaler ' s Lane . George Ahmed asked if the
drainage pipe was installed with future planning in mind and
if the pipe could handle the project . Ron Killina replied that
drainage from the site to existing lines was designed and approved
in 1984 by the Planning Department , the DEQE, the Conservation
Commission, and the Department of Engineers . George Ahmed asked
if there would still be the same proportion of traffic expected,
and Mr . Killian replied that there would be .
Somerville Lumber is requesting that special condition #11 of
the DEQE ' s superceding order of conditions 64-92 be reviewed
by the Conservation Commission in the hope that a negative deter-
mination will be made. They also want to ensure that additional
filings are not required pursuant to what was presented at this
meeting.
There is a short term water storage area planned where water
will be piped to the existing drainage pipe . Rip rap banks
and a chain link fence will be placed around the area, and then
• the area will be landscaped. Hooded catch basins will be installed
for the water going to the drainage area and all drain manholes,
and the area will be fenced.
George Ahmed asked if the area would have much greenery. Ron
Killian said that there will be some rip rap, some ledge outcrop
and a lot of the area will be heavily planted with trees and
shrubbery.
John Bleilor asked if there would be a head wall . Ron Killian
replied that there would be a rip rap wall to reduce the water
velocity.
John Vallis asked what the impact would be on the neighboring
lumber company . Mr . Killian said that Somerville Lumber is
oriented to homeowners and that One Way Lumber is geared more
towards contractors. Richard Femino asked if there was a regulation
regarding competition . Ron Killian replied that he was unsure
of the language of the contract with Somerville Lumber concerning
the placement of another similar business in the area.
John Bleilor asked where the dumpsters would be located on site .
According to Ron Killian there will be a trash compactor and
one portable dumpster on site. George Ahmed asked whether there
was a rodent problem anticipated in the area. Ron Killian stated
• that based on the nature of the business , he did not expect
a problem with rodents . In any event Fafard has had a contract
for the past four years with New England Exterminators .
• Page 4 of 6
Minutes of Conservation Commission Meeting 7-27-89
Robert Crowley moved that a negative determination be made .
John Bleilor noted that there was no filing before the board.
John Vallis said that Somerville Lumber is requesting a negative
determination of applicability of the superceding special conditions
by the DEQE . He asked Mr . Killian if he were looking for an
endorsement from the Conservation Commission. Ron Killian said
that he felt that this would be sufficient .
Robert Crowley moved that the Conservation Commission endorsement
that the Fafard Corporation will conform with previous filings
as outlined under Special Condition #11 of the DEQE ' s superceding
order of conditions 64-92 and that a Negative Determination
that the Fafard Corporation does not need to submit any additional
filings pursuant to the presentation made and plans shown on
July 27 , 1989 because the site is not within one hundred feet
of a buffer zone. Richard Femino seconded the motion , and the
following voted in favor of the motion : John Vallis , Robert
Crowley, George Ahmed, Richard Femino, John Bleilor , and Martha
Hogan. Fred Harney voted present . There were none opposed.
NEW BUSINESS
John Vallis informed the board that there has been activity
• at the south campus parking lot of Salem State College . The
matter has gone to court . The administrative level of the DEQE
dismissed the Conservation Commission ' s determination . The
motion for appeal was denied . The Charles Construction Co . ,
Inc . has been clearing the land . The Conservation Commission
filed a motion for reconsideration. The area neighbors ' appeals ,
the Conservation Commission ' s appeals , and the City ' s appeals
were all dismissed . The appeal filed with the Superior Court
was also dismissed , and the matter is now before the Court of
Appeals .
Because the work is continuing while under appeal , Mr . Vallis
felt that this was a question of both a procedural matter and
a conflict . construction was underway during the appeal process .
As chairman Mr . Vallis executed a cease and desist order on
July 25 , 1989 through an emergency provision of the Conservation
Commission bylaws . An original cease and desist order named
only Salem State College . The emergency cease and desist now
encompasses Salem State College , Salem State College Building
Authority, and the Charles Construction Co. , Inc .
In the meantime Charles Construction ' s attorneys have advised
that the company stop work.
John Vallis requested that the board ratify his emergency issuance
• of the cease and desist orders .
John Vallis moved that George Ahmed be appointed temporary chairman
• Page 5 of 6
Minutes of Conservation Commission Meeting 7-27-89
for the purpose of the vote to ratify the orders . Robert Crowley
seconded the motion, and the vote was unanimous .
Richard Femino made a motion that the Conservation Commission
ratify the emergency cease and desist orders issued by Chairman
John Vallis against Salem State College , Salem State College
Building Authority, and the Charles Construction Company. Martha
Hogan seconded the motion . The following voted in favor of
the motion : George Ahmed , Robert Crowley, Richard Femino, and
Martha Hogan . Fred Harney voted present , John Vallis recused
himself from voting on the matter, and there were none opposed.
George Ahmed suggested appointing an acting chairman or co-chairman
to run any meetings that the Chairman may not be able to attend.
Mr . Ahmed said that in this way someone else on the board can
become familiar with the procedures . John Vallis said that
the election of a Vice Chairman could be a possiblity . Richard
Femino said that he thought that the board should appoint someone
as necessary in the event of the absence of the Chairman . John
Vallis asked the board to think the matter over and it will
be discussed at the next meeting .
George Ahmed also recommended that there be a sign made and
• put in place during meetings that would indicate which board
is meeting and the names of the members . He said that this
would be beneficial to the public and would relieve Mr . Vallis
of having to introduce the Commission members at every meeting.
John Vallis suggested name plates as an alternative to consider .
He also said that a copy of the meeting notice could be put
up the night of the meeting . Richard Femino also suggested
a short resume or summary of the background of the board members '
qualifications to aid the public .
OLD BUSINESS
Dana Snow of the Marblehead Water and Sewer Commission was not
present; therefore , John Vallis stated that his presentation
would be postponed until September .
John Vallis said that he spoke with City Solicitor Michael O ' Brien
regarding the tidal gates . Mr . O ' Brien needs time to review
the matter. Mr. Vallis will let the Commission know of Mr . O ' Brien' s
comments .
With Kathy Winn on vacation this week there has been no feedback
on the issuance of the cease and desist orders at the last meeting
to the owners doing filling on Commercial Street at the Bridge
Street canal .
Ip
• Page of 6
Minutes of Conservation Commission Meeting 7-27-89
APPROVAL OF MINUTES FROM JUNE 22 , 1989
Richard Femino made a motion to approve the minutes from the
July 13 , 1989 Conservation Committee meeting . John Bleilor
seconded the motion, and the vote was unanimous .
There being no further business before the board , a motion was
made by Martha Hogan to adjourn the meeting . George A. Ahmed
seconded the motion, and the vote was unanimous .
The meeting was adjourned at 9 : 03 P .M.
Respectfully submitted by:
Debra A. Tucker , Acting Clerk
•
. SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
SEPTEMBER 14, 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 14, 1989 at 7: 30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis , Fred Harney, John Bleiler,
Martha Hogan, George Ahmed, Richard Femino, Conservation Advisor
Kathy Winn, and Eileen Sacco, Clerk.
Chairman John Vallis called the meeting to order at 7 : 30 P.M. ,
and introduced the members of the Commission to those present.
NOTICE OF INTENT - CITY OF SALEM DEPARTMENT OF PUBLIC SERVICES
VALLEY STREET
City of Salem Director of Public Services George Whittie, was
present at the Public Hearing to discuss the plans for the
removal of the remains of a culvert and fill located to the
rear of 69 Valley Street. He stated that the removal will
include the excavation of 320 s .f. of trapazoidal area within
the channel and buffer zone of materials presently impeding
• the flow of the brook. The plans also call for the construction
of a timber crossing in order to maintain the pathway.
Mr. Whittie showed the members of the Commission photographs
of the area, and noted that the situation came to his attention
when a resident of Valley Street complained about the mosquito
control problem in the area.
George Ahmed asked what kind of lumber would be used for the
crossing. Mr. Whittie stated that he planned to use pressure
treated lumber.
John Vallis asked those in attendance at the meeting if anyone
would like to speak in favor of the proposal. There was no
response.
John Vallis asked if anyone in attendance at the meeting would
like to speak in opposition to the proposal . Mr. Ernest Cody
of 34 Kirkland Street, Lynn, Massachusetts addressed the
commission and stated that he owns property at the corner of
Parlee Street and Valley Street. He stated that he was concerned
that if he ever wanted to build on his property there would
be no access road to that area. Mr. Whittie responded that
the road is presently impassable, and that the intent of the
project is to return the brook to normal and that if the crossing
. is built it would not preclude the possibility of expanding
the roadway in the future.
1
Fred Harney asked if the site was a paper street, and noted
that all of the work would be done on city property.
John Bleiler asked if there was any current to the brook. Mr.
Whittie responded that there was none.
George Ahmed asked if the pressure treated lumber would be in
the water. Mr. Whittie responded no.
John Bleiler stated that the plan indicated that the area of
excavation contained bordering vegetated wetland and asked if
replication was necessary. Mr. Whittie said no. John Bleiler
stated that the law stated that replication is required up to
5, 000 s .f .
John Vallis suggested that perhaps a site visit would be in
order.
There being no further questions or comments from the Commission
at this time, a motion was made by Fred Harney to close the
public hearing seconded by John Bleiler and approved unanimously.
The members discussed the possibility of having a site visit
so that they could view the area for the proposed project.
John Vallis also suggested getting an opinion from the City
Solicitor on the status of the paper street. It was decided
• that the members would hold a site visit on Saturday, September
23, 1989 at 9 :00 A.M. George Ahmed asked if the area could
be staked out so that the members would know specifically where
the construction is to take place.
DETERMINATION OF APPLICABILITY - 4 BUCHANAN ROAD
Mr. Arthur Zarkades was present at the meeting seeking approval
for his proposal to extend a current patio/deck and additional
16 feet along the rear of his house and to alter/replace current
double hung windows with a 5 ' x 6 ' 8" patio door. A portion
of the proposed work is located in the Wetland buffer zone.
Kathy Winn showed the members the proposed area on the Wetlands
map.
John Vallis asked Mr. Zarkades if he had a fence. Mr. Zarkades
replied no, and noted that the backyard was clear and the only
vegetation was the lawn.
George Ahmed asked if there were any flooding problems. Mr.
Zarkades replied no.
John Vallis stated that from what he could see on the Wetlands
map it looks as though Mr. Zarkades property is slightly
• encroaching the buffer zone.
2
• George Ahmed suggested that the commission make a negative
determination as to the significance of the work being done,
with conditions. Mr. Ahmed also asked Mr. Zarkades what type
of lumber would be used. Mr. Zarkades stated that he had not
yet chosen the material that he would use, and noted that the
wood would be supported by two concrete footings and no wood
should touch the ground. George Ahmed stated that he was
concerned about the use of pressure treated wood and its effect
on the environment.
Motion made by Fred Harney to make a negative determination
with conditions for the project on 4 Buchanan Road, seconded
by George Ahmed and approved unanimously, with the following
conditions :
1 . All work shall conform to the plan submitted to the
commission on September 14, 1989 .
2 . The deck shall be constructed of pressure-treated wood
having no chemical coating, as per plan.
3 . Footings shall consist of concrete and shall be raised above
ground.
4 . Excavation shall be limited to footing areas.
• 5. Any vegetation shall be planted outside the buffer zone.
6. All Construction debris shall be disposed of in the proper
manner outside of the buffer zone.
NOTICE OF INTENT - HALEY & ALDRICH, INC. , 15 PARADISE ROAD
Bob Bouchard representing Haley & Aldrich addressed the
commission concerning their proposal to install 2 or 3 ground
water observation wells at the rear of Stop and Shop in Vinnin
Square to determine the course and extent of soil and ground
water contamination on the site. He explained that during the
course of prior work done to remove storage tanks contamination
had been found and they are doing this work to prevent further
contamination, as well as to determine if the oil had moved
toward the pond. He stated that they felt that the soil had
absorbed most of the oil. He also added that they are waiting
for DEQE to grant limited approval so that they can proceed
or if DEQE does not grant limited approval they will have to
go through normal filing procedures .
George Ahmed asked if the storage tanks had been removed. Mr.
Bouchard stated that they had been removed and the hole was
back filled and patched.
�. John Bleiler asked if they would place hay bails around the
catch basins . Mr. Bouchard stated that they would block the
3
catch basins completely. John Bleiler asked how deep the borings
would be. Mr. Bouchard stated that they would be about 20 feet
deep.
John Bleiler asked if, in the event that the soil is contaminated
would they be removing at this time. Mr. Bouchard stated that
another filing would be required for the removal of the soil
and that DEQE approval would be required.
There being no further questions or comments from those present,
a motion was made by Fred Harney to close the public hearing,
seconded by John Bleiler and approved unanimously.
A motion was made by George Ahmed to approve the proposal and
issue an Order of Conditions, seconded by Martha Hogan and
approved unanimously with the following conditions :
1 . That a copy of the test borings , and soil and water analysis
be forwarded to the Conservation Commission for their files.
2 . That the survey plans show how the catch basins will be
closed off.
3. That no work shall commence until a plan is presented.
• CERTIFICATE OF COMPLIANCE - RICHARD MALONE, PARLEE ST. EXT.
Richard Malone addressed the Commission and requested that they
approve his certificate of compliance for the Parlee St.
subdivision that he has nearly completed. He presented a letter
from Charles D. Faia of Parsons and Faia certifying that the
work completed is in compliance with the plans for the project
and the Order of Conditions ( 222612 ) that was issued by the
Conservation Commission.
Motion made by Fred Harney to approve the Certificate of
Compliance for the Parlee Street Extension, seconded by Richard
Femino, and approved unanimously.
STATION ROAD - MICHAEL BEATRICE
Mr. Beatrice addressed the Commission concerning the plans he
has to clean up his property located on Station Road. He showed
plans to the members.
Mr. Beatrice also noted that the Board of Health has ordered
him to clean up the property, due to complaints from the
neighbors. He also stated that Parsons and Faia had done a
survey of the property.
John Vallis stated that the members had made a site visit to
.. the property and that he did not feel that another one was
necessary.
4
` John Bleiler suggested that Mr. Beatrice define where the
wetlands are in relation to his property, in terms of the
definition of the state, and suggested that he should do some
clearing along the fence and sidewalk to take care of the
neighbors concerns . He also noted that over growth is natural .
DISCUSSION: PROPOSED PURCHASE OF MACKEY PROPERTY ON LEGGS HILL
Dana Snow and Wilbur Bass of the Marblehead Sewer and Water
Commission were present at the meeting to discuss-their plans
to purchase the Mackey Property located on Leggs Hill. They
noted that they are in the process of getting appraisals and
that they are waiting for MWRA to confirm that there is no
contamination. They also discussed their plans for possibly
reactivating the wells on the property, and the outcome of that
decision may affect their decision on whether to buy the property
They also discussed the possibility of maintaining the property
as conservation land as discussed with the Marblehead
Conservation Commission, and their joint effort with the Salem
Conservation Commission to keep it conservation land. He also
stated that there has been no agreement reached with Mr. Mackey,
but that the Marblehead Town Meeting had approved the funding
for the purchase.
There being no further questions or comments from the members,
•' the discussion was ended.
EXTENSION OF PERMIT - CRETE REALTY TRUST/LOYAL ORDER OF MOOSE
319 HIGHLAND AVENUE
Kathy Winn explained that the Moose Lodge had requested an
extension of the permit issued in 1983 for the extension of
an existing culvert under Highland Avenue. He noted that the
project had been delayed due to a state DPW project that is
now completed.
John Vallis asked if perhaps the commission should review the
plan since some members were not on the commission when the
plan was approved.
John Bleiler stated that the wetlands change over the years
and that a new filing may be in order.
George Ahmed stated that he did not feel that the delays were
caused by the Moose Lodge if they were waiting for the DPW to
finish their work.
John Bleiler stated that the job of the Conservation Commission
is to enforce the Wetlands Protection Act and not to determine
politics and delays in the start up of a project.
John Vallis suggested that the matter be held over to the next
5
• meeting in October, and asked that the Moose Lodge be represented
to answer questions about the concerns of the Commission.
NEW BUSINESS
Kathy Winn reported that she has received complaints that there
is illegal dumping going on at the end of Story Street. She
noted that the owner of the property is listed as a Joseph Raby.
Motion made by George Ahmed to issue a cease and desist order
to stop the dumping, seconded by Fred Harney and approved
unanimously.
APPROVAL OF MINUTES
Motion made by Martha Hogan to approve the minutes of the July
26, 1989 meeting seconded by Richard Femino, and approved
unanimously.
There being no further business to come before the Conservation
Commission at this meeting, a motion was made by Richard Femino
to adjourn the meeting, seconded by Fred Harney and approved
unanimously
The meeting was adjourned at 10: 00 P.M.
• RESPECTFULLY SUBMITTED BY;
L�"� y/Q4�4-
EIL/EEN M. SACCO, CLERK
•
6
. SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
SEPTEMBER 28 , 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 28, 1989 , at 7 : 30 P.M. on the second
floor at One Salem Green.
Present were: Chairman John Vallis, George Ahmed, Bob Crowley,
Martha Hogan, and Fred Harney. Also present were Kathy Winn,
Conservation Administrator, and Debbie Hurlburt of the Planning
Department.
Chairman John Vallis called the meeting to order at 7 :40 P.M.
PUBLIC HEARING - CITY OF SALEM DPW NOTICE OF INTENT - VALLEY
STREET
Department of Public Services Director George Whittie was present
at the meeting to answer questions that the members may have
from the site visit that they made to Valley Street on Saturday,
September 23, 1989 , so that an Order of Conditions may be issued.
Fred Harney stated that he did not see anything wrong with the
• proposal but felt that the neighbors of the area had some
concerns. He made a suggested that the Conservation Commission
try to get the area cleaned up.
John Vallis asked Mr. Whittie if there were any stages or phases
of his proposal which would lead to the clean up of the area
aside from the ones in his proposal. Mr. Whittie stated that
he sees the clean up of that area as a significant environmental
problem, which would entail going in there and dredging the
area to define the profile of the brook He noted that his
proposal was not intended to do that. He said that he was asked
to check out the area and see if there was a solution to the
problem. He noted that the problem is that the stream is
constricted caused by gravel material washed down from the road,
and at this moment the only plans that he had were to remove
that area to define the brook in that area and not to get into
a total study of the brook. He stated that the study would
encompass almost a mile of stream.
John Vallis asked if it would be possible to clean up the area
that is within the flagged area. He said that he knew that
there was some trash and debris that was located in that area.
Mr. Whittie stated that he would not mind cleaning up an area
of debris or limbs that is not in the area specified in the
proposal if they wanted it cleaned up. John Vallis noted that
• outside of the flagged area there was some sort of couch, and
asked if that could be taken out. Mr. Whittie stated that "ie
would remove articles such as that from the area, but felt that
1
• he had to limit himself to the area of concern, but if the
Conservation Commission wanted to give him the authority to
go further down the brook and remove limbs and debris he would
do so.
John Vallis asked Mr. Whittie if he had a maintenance schedule
to the immediate area under his proposal . Mr. Whittie stated
that he has enough problems maintaining streets and sidewalks
that he doesn ' t have time to maintain a stream of that nature
unless there was an eminent problem of someone being flooded
out.
George Ahmed asked Mr. Whittie if he had traveled up the length
of the stream himself . He stated that he had been from that
point northerly up towards Witchcraft Heights four or five
hundred feet. George Ahmed asked Mr. Whittie if he thought
the problem was five or six feet from the center of the stream
or if it was wider than that. Mr. Whittie stated that after
the four or five hundred feet towards Witchcraft heights it
is no longer a brook it is swamp area. George Ahmed asked if
the area had limbs on top of the brook He noted that he was
concerned about the brook being able to flow freely.
John Vallis asked Martha Hogan what her feeling were on the
matter. She stated that she thought that anything that could
• alleviate the backup at that point would be helpful .
Fred Harney asked if there was any possibility of getting Essex
County Mosquito Control in there to do anything on behalf of
the city. George Whittie stated that he had talked to Bob
Blenkhorn about that and he has pretty much abandoned mosquito
control, as the city does not have a mosquito control program.
Fred Harney noted that they have the equipment available to
go in and clean out ditches that the city might not have, and
he thought it would be something to look into, and try to help
the neighbors out.
Dan O 'Neill of 77 Valley Street addressed the Commission and
asked Mr. Whittie if it would be difficult to take a back hoe
down to the stream and dig up one or two shovel fulls wide the
length of the stream. He noted that he did not think it would
be very expensive and that they would let the city on their
property to do that. He said that he felt that the stream needs
to be a little bit deeper so that the water can run down through
the banks . He said that he was not asking for a full drainage
ditch but that if the water could move it would be difficult
for the mosquitoes to lay eggs and they would be controlled
John Vallis stated that he understood Mr. O'Neill ' s concern
but that the only proposal before the Commission tonight was
the culvert area where a walk way is to be made, and stated
that any future cleanup of the area would come before the
. Commission under a separate proposal
2
Jack Anderson of 79 Valley Street addressed the Commission and
stated that he had been trying to get something done about this
for four years and asked Mr. Whittie if they go down what used
to be Middle Road when they put the new culvert in how was the
water going to run any place. He said that he did not see how
there would be any flow because it is all filled in with dirt
and debris and there has been some dumping done.
John Vallis again stated that the area he is referring to is
not before the Conservation Commission tonight. He said that
he felt that it was a wait and see kind of thing and that if
the action were to be undertaken, we could see what lessening
of any water levels are made by the action proposed and if that
does the trick everybody would be happy.
George Whittie stated that he understood what Mr. Anderson was
saying and that he is talking about the area in question but
that he is under impression that the proposal entails putting
in a culvert and they are not doing that. He noted that they
are opening the area up and redefining the channel of the brook
Mr. Andersen again expressed his concern that the area had a
lot of debris in it and that the water would not flow. Mr.
Whittie replied that he would excavate the area and redefine
the channel, from witchcraft Heights to Highland Avenue. He
also noted that the walk way would be there for people to walk
• up Middle Road. The question was asked if there were any plans
to keep trucks out of the area. John Vallis stated that he
did not think that it was possible to get trucks in the area.
He noted that he thought it was possible for recreational
vehicles to get into the area, but did not know if they were
allowed to.
There being no further questions or comments from those present
a motion to close the public hearing was made by Fred Harney,
seconded by Bob Crowley, and approved unanimously.
Motion made by George Ahmed to approve the Notice of Intent
for the City of Salem Department of Public Services for the
work off Valley Street, with conditions seconded by Martha Hogan
and approved unanimously.
Motion made by George Ahmed to attach the following conditions
to the Notice of Intent:
1 . That the walk way or structure as outlined in the plan of
the Salem Engineering Department dated 9/22/89 conform to
said plan.
2 . That the area to be worked on will conform to plan as
outlined in the Notice of Intent.
�J 3 . That the City Engineer use his judgment in the area that
should be cleaned to safe guard the plants or vegetation
3
• in the area that he feels needs to be maintained.
4 . To extend the cleanup of the area other than those outlined
and remove any other debris that would provide the water
flow and alleviate the problem of mosquitoes in the area.
5 . Place obstacles in the area to prevent any vehicles from
going in the area.
The motion was seconded by Fred Harney and approved unanimously.
John Vallis addressed the neighbors attending the meeting and
stated that the proposal before the Commission has been approved
and will be undertaken by the DPW. He also noted that the
Commission had placed certain other conditions to the approved
Order of Conditions . He noted that after the completion of
this proposal it does not solve the problems of the neighborhood,
he suggested that they should contact the Ward Councillor and
the Councillors at Large and let them know about it and they
could refer an additional matter back to the Commission for
further action.
ENFORCEMENT ORDER - LAND LOCATED OFF CLEVELAND STREET
John Vallis informed the members that subsequent to a site visit
• to property located off Cleveland Street an Enforcement Order
was issued to stop illegal dumping on the site. He stated that
the parties that were served with an enforcement order were
Joseph Raby, Francis Tardiff, Warren Lovely, and Donald Emerton.
John Vallis asked the Commission Members to ratify his action
in issuing the Enforcement Orders as he did so following a site
visit to the property on Saturday, September 23 , 1989 . He noted
that he saw what appears to be illegal dumping in the buffer
zone and bordering vegetated wetland area.
Motion made by George Ahmed to ratify the Chairman John Vallis '
action in issuing the Enforcement Orders with regards to property
located at 12 Cleveland Street, seconded by Bob Crowley, and
approved unanimously. John Vallis recused himself from the
discussion of the matter and the vote on the motion.
Robert Crowley stated that he was not present at the site visit
and asked what the extent of the dumping was. John Vallis stated
that he saw quite a few articles and showed the members pictures
of the area. He noted that the pictures showed dumping but
when they arrived on Saturday the area had been filled and
graded. He also noted that he believed on Mr. Lovely ' s property
there seemed to be four or five mounds of fill ready to push
over what he observed to be tar shingles, brick matter, as well
as appliances and broken bituminous concrete.
Mr. Raby was present at the meeting and John Vallis asked him
4
• if he was aware that the area is within or close to a wetland.
Mr. Raby said that he had done a little surveying of the area
himself and he did not think that he was too close to the
wetlands . He stated that from where his property line goes
there is no water for about 200 yards, and down below his land
on the same line as his land is all filled and has been for
twenty years. John Vallis stated that what constitutes a wetland
is not the fact that the area might be wet, but rather the
vegetation that is growing there at the time, and it appears
that although the area itself where the dumping is taking place
might not be an actual wetland it is certainly within the 100
ft. buffer zone, and the jurisdiction of the Conservation
Commission extends 100 feet beyond what would be bordering
vegetated wetland and any activity that takes place within that
buffer zone such as an altering that has been done would have
to come before the board before any action is taken. He also
noted that it is clear that the dumping has been taking place.
John Vallis also noted that there is some question as to who
owns the land there and stated that he believed that there was
a paper street owned by the City of Salem in the back of that
area. Mr. Raby stated that used to be owed by the Almy ' s estate.
John Vallis clarified that the area would be owned by Mr. Emerton
but that the paper street tends to support the notion that the
area would be owned by the City of Salem.
• Fred Harney asked the City Engineer if he had gone up to the
area to look at the situation.
Mr. Raby stated that the land had been filled for over twenty
years , and that he was only filling in his own land, that is
nowhere near the wetland.
John Vallis stated that the evidence presented appears to show
that the area is in the buffer zone.
George Ahmed stated that he thought that Mr. Raby felt that
it was not in the buffer zone and all he was doing was filling
in his own land. He explained that even though he is filling
in his own land he still needed to review his plans with the
Conservation Commission so that they can enforce the Wetlands
Protection Act, by ensuring that proper materials are used that
do not affect the wetland. He further noted that if the material
that is being used to fill the land is not proper then the
wetlands could be affected.
George Ahmed asked George Whittie if there was any way that
the boundary lines could be staked out. George Whittie said
that he had no ordinance that allowed him to determine wetlands .
John Vallis stated that he felt that the Ordinance is clear
and that if it is apparent to the Commission that a violation
has occurred, and that the burden of proof is on the person
causing the injury, to show that it is not within the buffer
5
zone or bordering vegetated wetlands. He also noted that the
Commission had the authority to require the removal of all fill
and suggest that a more appropriate coarse of action would be
for Mr. Raby, Mr. Tardiff and Mr. Lovely to show them that the
land is not within the 100 ft. buffer zone . He also suggest
that enforcement order be continued so that no other dumping
takes place. He asked that they come before the Commission
within a reasonable amount of time and prove that. He further
noted that if it turns out that the land is in the buffer zone
it would be well within their jurisdiction and authority to
treat the area as though a violation had taken place by illegal
dumping.
John Vallis asked George Whittie if possible barriers could
be erected on the City ' s property. Fred Harney stated that
he felt that before barriers are put up the city lines should
be established.
George Ahmed agreed that the lines should be established in
order to determine where the illegal dumping took place.
John Vallis stated that there are sever fines for violations
of Enforcement orders . He suggest that they should all get
together and present a plan that shows where the wetland are
in relation to there property.
` Mr. Raby again stated that an area had been filled for twenty
years . Bob Crowley stated that twenty years ago before the
Wetlands Protection Act, you could fill your own land , but
you can ' t do that anymore. Mr. Raby questioned why should he
own the land if he can 't fill it. John Vallis stated that he
could fill it provided that he fills it with the proper
materials . He noted that the Commission is concerned about
having toxic run off into a wetland and tar shingles and
bituminous concrete are not good fill . He asked Kathy Winn
about an incident that occurred in 1985 where the prior
Commission had issued a letter back then regarding illegal
dumping on the site. Mr. Raby stated that it was determined
that the dumping was not on his property. John Vallis stated
that it was not so much that the dumping is on his land but
it is a protected area and any dumping done on the protected
area would have to come before the Commission. He further stated
that Mr. Raby was notified in 1985 and it is apparent that the
dumping has continued.
Raymond A. Ouellette of 25 Hazel Street, Salem, addressed the
Commission and stated that he did not think that Mr. Raby could
be held responsible for illegal dumping that takes place at
2 : 30 A.M, when the Police Department can' t stop it. John Vallis
stated that the ordinance clearly states that the owners are
responsible. He also noted that he was not sure that the owners
have not been involved in the dumping themselves. He further
stated that he does not know what has gone on down there, but
6
• he wants to know the clearly defined areas and whether or not
this is the buffer zone.
George Ahmed asked if the owners had signs posted that say "NO
DUMPING." Mr . Raby stated that he had the city put up signs
years ago. He also asked if anyone has ever taken number plates
of the trucks that are doing the dumping. Mr. Raby stated yes ,
but he can 't stay up all night waiting for the people to dump.
John Vallis suggested to Mr. Raby that he show the Commission
a plot plan and show where his lot lines are in relation to
the buffer zone. He also noted that without that the Commission
would not lift the enforcement orders. He suggested that he
contact a firm that could survey the area to determine the lines
of the property.
Raymond Ouellette stated that he felt that the burden should
be on the City of Salem to show that Mr. Raby has been either
illegally dumping or dumping on the property. John Vallis stated
that the burden of proof is on the owner. Mr. Ouellette further
stated that he thought that the City of Salem should be named
in the Enforcement Order since the property in back is City
owned land. John Vallis stated that he would entertain a motion
to place an Enforcement Order on the City of Salem for any
illegal dumping that they may be doing.
•' George Whittie stated that with the Commission' s approval he
would make a visit to the site and see if there is any action
that he could take to stop the illegal dumping, possibly by
placing Jersey Barriers on the property, in order to stop the
illegal dumping by parties other than the owners .
George Amend made a motion to allow Mr. Raby, Mr. Tardiff and
Mr. Lovely, and Mr . Emmerton 60 days in which to identify their
properties in relation to the wetlands, and return to the
Commission for further review, seconded by Bob Crowley and
approved unanimously.
Motion made by George Ahmed that a Cease and Desist order to
the City of Salem, to prevent further dumping by the City of
Salem in the area as so noted and stated in the previous
Enforcement Orders , seconded by Martha Hogan and approved
unanimously.
Motion made by George Ahmed that the City of Salem place
obstacles in such a way that would prevent vehicles from having
access to the area to prevent further dumping, and that the
barriers be placed on City owned land, and to extend beyond
the City Property with approval from the owners , seconded by
Bob Crowley and approved unanimously.
John Vallis suggested that a notice be sent to the Police
Department that they have discovered illegal dumping taking
7
• place in this area and that they keep watch on the area.
CERTIFICATE OF COMPLIANCE - HAMBLET AND HAYES -
John Vallis read a letter addressed to Kathy Winn stating that
the demolition of building C at Colonial Road had been completed
and requested that a Certificate of Compliance be issued. He
stated that there was an RPE stamp and original signature on
the request by a John Lutts . (A copy of that letter is attached
to these minutes. )
Motion made by Bob Crowley to issue the Certificate of Compliance
for Hamblet and Hayes , seconded by Martha Hogan and approved
unanimously.
OLD BUSINESS
BERTINI PROPERTY REMAND FROM SALEM CITY COUNCIL
John Vallis read a communication from the Salem City Council
remanding the issue back to the Conservation Commission. He
opened the meeting up to those in attendance for discussion
noting that this was not a Public Hearing. Attorney Michael
Smerzynski addressed the Commission and stated that he was
representing Mr. & Mrs . John Ellis and Mr. & Mrs. Leo Pelletier .
He stated that the land in dispute was land located between
. Bertini Lane and Kimball Avenue, Adams Street, wetlands known
publicly as Rosies Pond and Bertini ' s Restaurant He referred
to a Notice of Intent filed in the Spring by Mr. Bertini seeking
to enlarge the parking lot with pavement and drainage and
classify the area as a buffer zone. He noted that the board
issued an order of conditions consistent with the findings .
He stated that his clients feel that this project site has been
the site of illegal filling for two or three years prior to
the application and they feel that the area filled was bordering
vegetated wetland. He stated that they would like the Commission
to reconsider the classification of the area as a buffer zone,
and disagree that the consultant correctly flagged the area.
He noted that his client contacted the Army Corp or Engineers
and had them conduct an on site investigation of the physical
layout of the land and a factual investigation with the
neighbors . He presented a copy of their report to the
Commission with their conclusion that the area was filled in
violation of the wetlands protection act. He stated that in
addition his clients hired an engineer Mr. Richard Doherty who
conducted a physical study and factual study with the neighbors
and he concluded that the area was filled illegally. He also
noted that Mr. & Mrs. Ellis have also requested a superseding
order from DEQE which is expected to be undertaken within the
next year and those documents are included in his package to
the Commission. He requested that his clients would like to
review the events of the last few years . He reviewed photographs
which showed the area over the years.
8
John Vallis asked that the material presented be information
or evidence that the Commission had not already heard. Atty.
Smerzynski suggested that he felt that the neighbors should
be allowed to present the evidence that they have and felt that
if they were not concerned they would not be here, and have
gone to the trouble and expense of hiring a private consultant
and that there was a need for them to them to present it.
John Vallis stated that he felt that task of the Commission
was to prove to the City Council that they have before them
adequate evidence to support their decision and further stated
that he felt that the wetlands reports dated May 26, 1989 from
Gulf of Maine Research Inc. and an aerial photograph from 1960
circa of the area, as well as a site visit performed by he
Commission members and certification from Dr. Mulligan that
the area is not a wetland, was the evidence that the Commission
used to make their decision. He noted that the testimony
presented, stated that, the area was wetlands and there was
no certification presented and that he was not sure that everyone
understands what constitutes a -wetland.
Atty. Smerzynski stated that the pictures presented indicate
that there was vegetation in the area. John Vallis stated that
vegetation by themselves do not constitute wetlands .
Atty. Smerzynski requested that the Commission reopen the hearing
and receive their evidence. John Vallis stated that the evidence
mentioned at this meeting indicated that the evidence that would
be presented is information that the Commission has already
seen. Atty. Smerzynski asked if the Army Corp. of Engineers
report dated April 17, 1989 was considered at the time of the
decision. John Vallis stated that a letter of response to the
report was made stating that no unauthorized filling of wetlands
was conducted under permit or otherwise. Atty. Smerzynski stated
that his clients should not suffer because of lack of
presentation to the Commission. George Ahmed disagreed stating
that the Pelletier ' s presented their information very well .
John Vallis asked if John Serafini would be present at the
meeting to address the Commission. Kathy Winn stated that he
was not notified that the issue would be coming up at this
meeting and that he was at a Planning Board meeting. John Vallis
stated that he would like to continue the matter until the next
meeting since Atty. Serafini is not present. Atty. Smerzynski
asked that the Commission accept his evidence and act on it
after Atty. Serafini ' s presentation. John Vallis stated that
he would be inclined not to proceed any further until opposing
counsel has the benefit to be heard.
Motion made by •George Ahmed to continue the issue of the Remand
regarding the property at R284 Canal Street, until the meeting
on October 12, 1989 , seconded by Bob Crowley and approved
9
unanimously.
Kathy Winn informed the Commission that the State has increased
the fees charged to applicants . She also noted that the
legislature passed a law that the first $25 .00 plus 508 of the
fee after the first $25 .00 comes to the local Conservation
Commission and cannot go into the General Fund of the City.
She stated that she in the process of setting up an account
separate from the City for that.
NEW BUSINESS
George Ahmed stated that he took a ride down to Valley Street,
and noticed a lot of fill there. Fred Harney said that was
Mr. Gallo' s property and that the Commission had investigated
that property before. He also noted that he did not think that
there was any activity going on there now. Kathy Winn will
check the file from the previous complaint and see if an order
of conditions was issued.
There being no further business to come before the Commission
at this meeting, a motion was made by Bob Crowley to adjourn
the meeting, seconded by George Ahmed and approved unanimously.
The meeting was adjourned at 9 :45 P.M.
RESPECTFULLY SUBMITTED AS INTERPRETED BY:
EILEEN M. SACCO, CLERK
10
Salem Conservation Commission
Minutes of Meeting
• October 12, 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday; October 12, 1989, at 7:30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, Bob Crowley, George Ahmed,
John Bleiler, Martha Hogan, Fred Harney, Conservation
Administrator Kathy Winn, Deborah Hurlburt of the Planning
Department, and Eileen Sacco, Clerk.
EXTENSION PERMIT - CRETE REALTY TRUST / LOYAL ORDER OF MOOSE
319 HIGHLAND AVENUE
Fred Harney recused himself from the discussion of this matter.
Thomas Neve addressed the Commission and described the proposed
work to be done in the area. Joseph Falzone, was also present
to answer questions. Mr. Neve noted that they had received
a Wetlands Special Permit from the Planning Board and an Order
of Conditions from the Conservation Commission in November of
1983, to construct a culvert abutting Highland Avenue. He
stated that the project had been delayed by the State DPW project
on Highland Avenue, which is now complete. He noted that
• although the construction is complete the as built plans are
not complete, and they are planning to send a survey team in
to survey the as built work for the purposes of their project.
George Ahmed asked what conditions were specified in the Order
of Conditions. Kathy Winn stated that they were standard
conditions. George Ahmed asked what the approximate length
of the project would be. Mr. Falzone replied that the work
would be done over two construction seasons. He also noted
that the project would be started in the spring.
John Vallis asked how many extensions the project had received
from the Commission. Mr. Falzone replied that there had been
three extensions since 1983.
John Bleiler asked what measures would be taken for erosion
control. Mr. Neve stated that hay bails and filter fabric would
be used.
John Vallis asked if there was any discussion of the matter
from the Commission members.
George Ahmed stated that he would like to make a motion to extend
the permit for Crete Realty Trust since the delays were not
caused by them.
. 1
John Bleiler stated that he felt that a site visit would be
in order because he felt that it was unlikely that the wetlands
would be in the same place after six years.
John Vallis asked if the applicants were under any time
constraints to begin the project. Mr. Neve stated that although
the construction would not start until the spring, they need
to file with the DPW and need the extension of the Order of
Conditions in order to file.
John Vallis stated that he agreed that a site visit would be
in order and asked the applicants if they could meet with the
Commission on Saturday, October 14, 1989, so that the Commission
could review the matter further and address the extension at
the next meeting of the Commission on October 26, 1989. Mr.
Neve agreed to meet the members of the Commission at 1 :00 P.M.
Saturday.
OLD BUSINESS
REMAND FROM SALEM CITY COUNCIL - BERTINI PROPERTY/ CANAL STREET
John Bleiler recused himself from the discussion of this matter.
John Vallis stated that at the last meeting of the Commission,
the discussion of this matter was started, however Attorney
Serafini was not notified that the matter was to be addressed
• at that meeting, and the discussion was continued until tonight.
He also noted that only the Attorney's would be allowed to
address the Commission this evening.
Attorney Michael Smerzynski, of Pearl, McNiff, Crean, Cook and
Sheehan, Peabody, Mass . , addressed the Commission on behalf
of his clients Mr. & Mrs. John Ellis, and Mr. & Mrs. Leo
Pelletier. He stated that his position had not changed and
that although he was not at the original hearing he felt that
there is evidence that should be presented that would prove
that the determination made by the Commission should be reversed.
Attorney John Serafini addressed the Commission on behalf of
his clients, John and Frank Bertini. He stated that his clients
filed a Notice of Intent with the Commission for work to be
done in the Kimball Road area. He stated that the Notice of
Intent tells the Commission that the applicant is going to
perform in the wetland or buffer zone. He noted that the plans
for the project were clearly defined and that the Commission
made a site visit to the area, and took into consideration the
site visit, the public hearing, and the plans submitted by the
engineer for the project, in issuing the Order of Conditions.
Attorney Serafini also noted that State Law sets forth
procedures that are to protect both parties. He recommended
that the hearing not be reopened and wait for the decision of
• DEQE, on the appeal that has been filed. He further stated
2
that he felt that there was no lack of evidence, as the plans
specified the area to be worked in, the Commission made a site
visit, and the task of the Commission is to relate the evidence
to what is requested in the Notice of Intent.
John Vallis asked the Commission members if they had any
comments.
George Ahmed asked that the members take the matter under
advisement, and meet in Executive Session to discuss it.
John Vallis informed the parties that the Commission would notify
them of their decision.
CERTIFICATE OF COMPLIANCE HAMBLET AND HAYES
John Vallis read a letter from John Lutts requesting a
certificate of compliance for the completion of the valve chamber
project, and the sewerage pump station and force main at Colonial
Road. (Copies of these letters are attached to these minutes. )
After reviewing the Orders of Conditions issued for the two
projects it was decided that a site visit be made to the
property. The Site Visit will be on Saturday, October 14, 1989
after the visit to Highland Avenue.
Kathy Winn informed the members that she had received
• notification from DEP that they will be having a site visit
at 25 Pierce Road, concerning Clayton Smith's appeal. The visit
will be on November 8, 1989 at 10:00 A.M.
Kathy Winn also informed the Commission that she received a
copy of a letter that was sent to Michael Harrington regarding
his request for an expedient review of his appeal, for the
proposal on Howley Street. She stated that they would be meeting
to determine if the situation meets the guidelines for an
expedient review.
NEW BUSINESS
George Ahmed informed the Commission that he had ordered a map
from the University of Massachusetts that details wetlands in
the city.
George Ahmed also suggested that the Commission Members should
have badges to identify themselves when they make site visits.
Kathy Winn will check around and see what can be done.
CLEVELAND STREET
The Commission discussed the problem of suspected illegal dumping
in a wetland area at the end of Cleveland Street. Kathy Winn
• stated that she had talked to Father Bougouis at St. Anne ' s
3
Church, concerning the barriers that should be placed behind
the Church.
George Ahmed suggested that Lally columns could be placed in
the area to prevent vehicles from gaining access to dump there.
John Bleiler stated that it needs to be made clear what has
to be done. He said that the unclean fill should be removed
and that the owners are subject to $25,000 .00 per day in fines
for not complying.
Kathy Winn will send a letter to all of the owners explaining
what is expected and suggest that the owners should secure the
perimeters of the property to prevent further dumping.
APPROVAL OF MINUTES
Motion made by Fred Harney to approve the minutes of the meeting
of September 28, 1989, seconded by Martha Hogan, and approved
unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by George Ahmed to adjourn
the meeting seconded by Bob Crowley, and approved unanimously
The meeting was adjourned at 9:45 P.M.
• RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
• 4
SALEM CONSERVATION COMMISSION
MINUTES OF BOARD MEETING
OCTOBER 26, 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 26 , 1989 at 7 : 30 P .M. in the second floor
conference room at One Salem Green.
Present were : John Vallis , Robert Crowley, Fred Harney, Martha
Hogan, and John Bleiler . Also present were Kathy Winn and Debbie
Hurlburt of the Planning Department , and Debra Tucker , Acting
Clerk.
Chairman John Vallis called the meeting to order . The board
decided to take the items of the agenda out of order while awaiting
the arrival of the parties representing Crete Realty and the
Loyal Order of Moose.
APPROVAL OF MINUTES FROM APRIL 13, 1989 AND OCTOBER 12 , 1989
• The board reviewed the minutes of the Conservation Commission
meeting held on April 13 , 1989 . There being no changes made,
Fred Harney moved that the minutes be approved . Robert Crowley
seconded the motion, and the vote was unanimous .
The board then reviewed the minutes of the Conservation Commission
meeting held on October 12 , 1989 . Fred Harney requested that
in paragraph 4 on page one the word "under" be changed to the
word "abutting" . Martha Hogan noted that in the last paragraph
on page three the site in question is Cleveland Street not Cleveland
Road.
With the changes requested duly notated , John Bleiler moved
that the minutes of October 12 , 1989 be approved . Martha Hogan
seconded the motion, and the board voted unanimously.
PERMIT EXTENSION FOR CRETE REALTY TRUST/LOYAL ORDER OF MOOSE
Fred Harney recused himself from the Crete Realty Trust/Loyal
Order of Moose matter siting a possible conflict of interest
as the reason.
Thomas Neve , a civil engineer and land surveyor, appeared before
the board in order to request an extension on the order of conditions
issued in November of 1983 . Mr. Neve requested that the extension
be granted until September 7 , 1990 in order to coincide with
the special conditions issued by the Planning Department .
i
Page 2 of 4
• Minutes of Conservation Commission Meeting 10-26-89
Mr . Neve reported that in the years since 1983 the vegetation
has moved slightly. It is planned that the area will be flagged
first and a hay bale line then will be staked . The work on
the 4 , 980 square feet area is scheduled to begin in March of
1990 . According to Mr . Neve , after this work is completed he
plans to have it reviewed and approved by the Conservation
Commission. Details on sedimentation, erosion control , etc . have
been provided to the Conservation Commission in a letter from
Mr . Neve dated October 16, 1989 .
Martha Hogan stated that she would agree to a site observation
of the staked area in the spring in order to have a current
observation of the area prior to work commencing . John Vallis
agreed that this seemed to be a good idea.
John Vallis asked John Bleiler if a siltation fence should be
required in this instance . Mr . Bleiler said that he did think
that it would be necessary . He asked Mr . Neve about the tow
of the slope to edge.
Mr . Neve said that there would be in the 4 , 980 square foot area.
There will be no alteration of the wetland where the new culvert
is to be installed and there will be no encroachment beyond .
Mr . Neve also stated that he thought that the DPW will require
• a ten foot rip rap or apron contingent upon his presentation.
He has planned a river rock and rip rap approximately He has
presented the plan to the DPW , and the resident engineer who
worked on the original culvert is involved in the current plans .
He feels confident that the plan will be approved by the DPW.
John Bleiler motioned to approve an extension of the construction
permit until September 7 , 1990 with the following order of con-
ditions :
1 . The plan is subject to Conservation Commission
approval prior to any work beginning.
2 . The wetlands areas must be flagged.
3 . A minimum of ten feet of rip rap wall must
be constructed to slow the velocity of the
water before it enters the wetlands .
4 . Mr . Neve ' s letter to the Conservation Commission
dated October 16, 1989 detailing his plans
will be made a part of the order of conditions .
Martha Hogan seconded the motion. Robert Crowley, Martha Hogan ,
John Bleiler , and John Vallis all voted in favor of the motion.
There were none opposed.
Dr . Hugh Mulligan of the Gulf of Maine Research Center, Inc. asked
• the board if he could leave copies of capability statements
of his firm . He asked that the' Commission keep his company
Page 3 of 4
• Minutes of Conservation Commission Meeting 10-26-89
in mind for future recommendations of firms . John Vallis said
that he was aware of the fine work that the Gulf of Maine does ,
and that the Commission would be glad to consider his request .
Fred Harney rejoined the Conservation Commission meeting.
John Vallis entertained a motion to convene to Executive Session.
John Bleilor recused himself from the Executive Session of the
Conservation Commission.
Robert Crowley moved that the Conservation Commission convene
into Executive Session, and Fred Harney seconded the motion .
Robert Crowley, Fred Harney , Martha Hogan, and John Vallis all
voted in favor -of the motion. There were none opposed.
EXECUTIVE SESSION
Martha Hogan moved to reconvene into Open Session, and Fred
Harney seconded the motion. Robert Crowley , Martha Hogan, Fred
Harney, and John Vallis all voted in favor of the motion. There
were none opposed.
Robert Crowley moved that the Conservation Commission uphold
• and ratify its decision regarding the order of conditions issued
to John Bertini for land at Canal Street . Martha Hogan seconded
the motion . Robert Crowley, Martha Hogan , Fred Harney , and
John Vallis all voted in favor of the motion. There were none
opposed.
The Commission informed John Bleiler of its decision as he rejoined
the Conservation Commission in Open Session . The Commission
also will request a letter from Captain LaPointe of the Salem
Fire Department regarding the current condition of the vegetation
surrounding the wetland area at the Bertini property and to
inquire as to whether it constitutes a fire hazard. The Commission
will ask to have the Fire Department cut back the vegetation.
Kathy Winn informed the board that Mr . Pelletier had called
and asked if the owner of a fuel tank on the property had a
license for it the storage. According to Mr. Pelletier, Mr . Leblanc
would not allow the Fire Department on the property to inspect
the tank. Mr . Leblanc then called Kathy Winn to tell her that
he felt that he was being harrassed. The Fire Department decided
that if the tank storage was allowed by the Commission then
they would not be opposed to it .
Mr . Pelletier questioned the Order of Conditions that had been
issued and said that he had thought that had been issued and
asked if it had been decided that no flammable materials were
• to be stored within one hundred feet of a buffer zone . He also
stated that the tank is within one hundred feet and said that
Page 4 of 4
• Minutes of Conservation Commission Meeting 10-26-89
it should be moved.
Robert Crowley said that Mr . Leblanc could move the tank with
no difficulty. Mr . Crowley said that the tank should be moved
because it appears to be too close to the wetlands . He also
stated that with no permit the tank on the property is illegal .
John Vallis said that this would fall under the jurisdiction
of the Fire Department .
OLD BUSINESS :
Kathy Winn informed the board that a letter to the violators
on Story Street has been drafted . She said that she did not
know if Mr . Whittie had yet been to the site, and the barriers
had not been picked up.
A letter to Mr . Lovely was sent to informing him of the deadline
for submission of his plan.
Fred Harney stated that there appeared to be no action taken
at the site . John Vallis suggested that the board go to the
site on Saturday to see if the stakes had been installed as
per the diagram. He said that he was concerned with the length
• at Story Street and the proximity to the edge so that nothing
will go over it . Fred Harney said that the fence does not appear
to be on Mr . Lovely ' s property . John Vallis said that he is
proceeding at his own risk and that any damages will be at his
own expense. Any additional work to be done requires an additional
notice of intent .
NEW BUSINESS :
There was no new business to discuss .
There being no further business before the board , a motion was
made by John Bleiler to adjourn the meeting at 8 : 31 P.M. Robert
Crowley seconded the motion, and the vote was unanimous .
Respectfully submitted by:
��/vYrCa .(-f. 1 C )
Debra A. Yucker , Acting C1erK
EXECUTIVE SESSION
CONSERVATION COMMISSION MEETING 10-26-89
John Vallis announced that the Duroose of this Executive Session
was to discuss the decision made by the Conservation Commission
regarding the Bertini property off Canal Street and to determine
whether or not it was made "in a frivolous manner with little
evidence and little discussion of the matter . " The City Council
remanded the matter back to the Conservation Commission to review
whether the decision was made in an arbitrary or capricious
manner , in excess of the Commission's authority, or unsupported
by evidence.
Mr . Vallis first asked the board if they thought that the decision
was made arbitrarily. Robert Crowley siad that he did not believe
SO . He stated that all parties were allowed to speak at length
at the Public Hearings and that site visits were made by the
• Commission . John Vallis agreed . He said that the Commission
heard all presentations and viewed photographs and ariel shots
showing hot topping on the site at least ten years ago and cars
and trucks stored on the site . Fred Harney stated that the
opponents had many opportunities to show evidence to the contrary.
John Vallis said that an attorney for the abutters now wishes
to present some evidence . The board agreed that there had been
ample opportunity before for any presentations .
Kathy Winn told the board that she had found that nine sets
of the Conservation Commission' s minutes have contained information
pertaining to the Bertini matter . There were four meetings
with discussion of the matter , two meetings where public meetings
were held , two appeals , and in addition there were two site
visits made .
Kathy Winn also informed the board that the fire department
has found that the phragmites in the area are hazardous and
should be cut down . She stated that an abbreviated Notice of
Intent must be filed by the Fire Department .
John Vallis asked the board to consider whether they believed
that the board acted capriciously . He said that he thought
that the word capricious sounded in malice . He stated that
it was his belief that each meeting had been conducted openly
and fairly, and that each party was allowed to speak.
Page 2 of 2
Executive Session
Conservation Commission Meeting 10-26-89
According to Mr . Vallis, the next area to consider was whether
the board acted in excess of its authority . He stated that
both the city ordinance creating the Conservation Commission
and the state statute gave the Commission the authority to act .
He stated that the buffer zone is not a BVW area and building
in a buffer zone is allowed. The board members agreed.
The final area of review was whether the Commission ' s decision
was unsupported by evidence . Board members all agreed that
there was substantial evidence provided . There were plans and
pictures presented and the area had been flagged.
John Vallis asked the board to decide whether the board would
ratify its decision thereby upholding it or vacate the decision
which would reopen the matter for public hearing.
Robert Crowley said that the board should uphold the decision.
He referred to the site visits made and the presentations and
information by the Gulf of Maine as proof that the Commission
acted appropriately.
Fred Harney agreed with Mr . Crowley . He stated that the lot
has been there for more than twenty years and he did not know
• what kind of evidence the abutters could provide to the contrary.
He also said that he felt that the board had taken a lot of
time with this issue .
Martha Hogan agreed . She stated that the Commission did not
act capriciously . Ms . Hogan also remarked that to overturn
the decision may start a precedent .
John Vallis said that the decision was not made arbitrarily
nor capriciously . Both sides had fair opportunity to present
evidence . The Commission was within its authority to rule on
the matter , and there was ample evidence to support the decision,
including engineer ' s certifications and certified plans .
Salem Conservation Commission
• Minutes of Meeting
December 14 , 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 14, 1989. , at 7:30 P.M. in the second
floor conference room at One Salem Green.
Those present were: Chairman John Vallis, Bob Crowley, George
Ahmed, Richard Femino, Martha Hogan, Fred Harney, John Bleiler,
Kathy Winn Conservation Administrator, Deborah Hurlburt of the
Planning Department, and Eileen Sacco, Clerk.
Chairman Vallis called the meeting to order at 7:30 P.M.
PUBLIC HEARING - NOTICE OF INTENT - JOYCE SALVO, 25 RAYMOND
ROAD
Fred Harney recused himself from discussion of this matter.
Attorney John Serafini addressed the Commission on behalf of
his client Joyce Salvo. Also in attendance to answer questions
was Joseph Carter of Carter and Tower Engineering.
Attorney Serafini stated that the Commission was familiar with
• the area which Ms. Salvo proposes to construct two single family
homes, from a prior proposal presented to the Commission on
another parcel.
Attorney Serafini further stated that they were present at this
meeting to present the proposal and evidence to the Commission
to convince the members after an examination of the facts and
reports, that the proposal would have no adverse impact on the
provisions of the Wetlands Protection Act. He also noted that
the property is located in the buffer zone. Atty. Serafini
also stated that they feel that they have satisfied the
requirements of the law in their plans, and that the proposal
was not a large scale development. He also stated that the
issue to be determined was if in fact the construction will
create an adverse impact on the area.
Mr. Joseph Carter presented the plans to the Commission members.
He noted that the first parcel would be 29,000 s.f. and the
second would be 6,218 s.f. He also stated that they plan to
install a pipe so that the isolated wetland would not exceed
what it is now. He also explained the elevations in relation
to the buffer zone and the 100 year flood zone.
Richard Femino asked what size the drain pipe would be. Mr.
Carter stated that it would be 12 inches, to comply with DEQE
regulations and for cleaning purposes.
• 1
John Vallis asked if the project would tie into the sewer system.
• Mr. Carter stated that the municipal water and sewer system
would be used. He also stated that the road would be lin pack
as opposed to asphalt.
George Ahmed asked if a study had been done on the water. Mr.
Carter stated that the MLW is 90 and they would be 3 feet higher
than normal. He noted that there would be no basic change to
the flow of the water.
John Blieler noted that the area of the isolated wetland is
connected by a ditch, which would make it a bordering vegetated
wetland.
John Blieler also asked if catch basins are in the plans. Mr.
Carter stated that they have no plans for catch basins at this
time but they could be installed. He also stated that they
would use hay bails and fencing for erosion control.
John Vallis asked what would be used for heating. Mr. Carter
stated that he thought it would be gas heat.
George Ahmed suggested that the Commission make a site visit
to the area, and asked if the area of the wetlands could be
staked out prior to the visit.
Richard Femino asked if the proposed houses would fall in the
• same foot print as shown on the plans. Mr. Carter stated that
one of the houses cannot be changed but that the other could
be altered slightly.
Mr. Carter also noted that the State had approved the entrance
to the property to be cut on Loring Avenue.
John Vallis opened up the public hearing to those in attendance
that wished to speak in favor of the proposal.
Clayton Smith of 27 Pierce Avenue stated that he was in favor
of the proposal .
There being no further comments from those in attendance in
favor of the project, Chairman Vallis asked if there was anyone
in attendance who wished to speak in opposition of the project.
Ward Seven Councillor Mark Blair stated that he was against
any kind of development in the area whether it consisted of
one or one hundred homes. He noted that he felt that the
wetlands and marsh in the area would be damaged. Councillor
Blair also suggested that if the Commission makes a site visit
to the area, they do so during high tide. Councillor Blair
also noted that a consultant shows the best side of the project
that you propose, and that if the neighbors who are opposed
to the project had the benefit of a consultant they could show
•
2
that their opposition was well founded. Councillor Blair further
noted that the letter approving the curb cut on Loring Avenue
from DPW district 5 has expired and a new approval needs to
be granted.
Mayor Elect Neil Harrington addressed the Commission and stated
that he is also against the development of this area. He noted
that he is familiar with the area, having grown up there and
felt that there would be severe damage to the wildlife in the
area. He also noted that the area on Loring Avenue that is
proposed for the entrance, also known as "Dead Mans Curve" is
a very dangerous spot, and a road in that location would have
an adverse effect on the neighborhood.
Maureen Burke of 20 Buchanan Road also stated her objections
to the project. She also asked what type of chemicals would
be used for icing conditions during the winter, noting that
they could be harmful to the environment.
Anthony Zarkades of 4 Buchanan Road showed the Commission
photographs of the wetlands during high tides and noted that
the area is heavily flooded during a high tide. John Vallis
asked if the Commission could keep the photos for their files
and Mr. Zarkades agreed.
Bob Mackey of 8 Buchanan Road stated that he questioned the
fact that only two homes were going to be built on the property
• and stated that he had heard that four homes would eventually
be built in the area.
Tim Shea of 21 Buchanan Road stated that he thought that the
isolated wetland could eventually be filled in according to
the laws concerning Conservation in Massachusetts, and stated
that he was opposed to that. He also cited the entrance of
a playground nearby and felt that it would be dangerous for
the children of the neighborhood.
Fred Sullivan of the Marblehead Conservation Commission stated
that the Marblehead Conservation Commission was against the
project. He also cautioned Commission members that the use
of lint pack for the driveway would not hold up well and that
it would interfere with the ground water flow, and eventually
the owners will be requesting to pave the driveway.
Kathy O'Donnell of 18 Buchanan Road stated that she is also
against the project and showed the Commissioners photographs
of the area. She also stated that there has been an increase
in wildlife in the area. Mrs. O'Donnell also presented the
Commission with a petition signed by 41 people opposed to the
project.
Eleanor Burke of 20 Buchanan Road also stated that she was
opposed to the project and that she has lived in the area for
• 3
24 years and had noticed an increase in the wildlife in the
• area this year.
Jane Mackey of 8 Buchanan Road stated that she felt that the
equipment for the project would be detrimental to the area and
that she was opposed to the project.
Randall Weiting of 14 Buchanan Road stated that he was opposed
to the project and showed the Commission photographs of the
area. He also stated that the plans call for a 20 foot roadway
and DPW requires a 24 foot roadway.
Loretta Weiting of 14 Buchanan Road also stated her objections
to the project and noted that the Forest River Marsh is a rare
and scarce resource that should remain untouched. She stated
that she felt that the project would effect the marsh and that
the fact that this is a small project does not down play the
significance of the effect on the marsh. She also noted that
the petition presented in opposition to the project was from
people who are abuttors to the area and that more weight should
be given to the abuttors rather than people who are not so close
to the area.
Georgette Stafford of 12 Buchanan Road stated her opposition
to the project and stated that this land should be preserved
since there is a shortage of it.
• There being no further comments from those in attendance at
the meeting, Chairman Vallis asked Attorney Serafini if he would
like to rebut the comments made in opposition. Attorney Serafini
stated that the purpose of the Public Hearing was to hear all
of the concerns and that the Commission should make their
decision based on the facts. He again stated that they have
addressed the wetlands in their proposal and that the issue
should be the impact on the wetlands not who owns the land.
Attorney Serafini also noted that the concerns regarding the
number of homes to built on the property could be satisfied
with a covenant that would limit the property to two homes and
would be recorded at the Registry of Deeds.
George Ahmed asked Mr. Carter if any provisions had been made
that would prevent illegal dumping in the area, noting another
problem in the city with illegal dumping. Mr. Carter stated
that he did not know from an engineering stand point what could
be done, but perhaps a chain link fence could be installed.
John Blieler noted that the issue involving the driveway on
Loring Avenue was not within the jurisdiction of the Conservation
Commission and that would have to be addressed by the Planning
Board.
There being no further comments or discussion on the matter
• at this time the a motion was made by George Ahmed to close
4
the Public Hearing seconded by Bob Crowley, and approved
• unanimously.
The Commissioners discussed having a site visit. It was
suggested that the site visit be held during a lunar tide.
The members decided to have the visit on January 13, 1990, with
the possibility of having it on January 6, 1990. Motion made
by Bob Crowley to tentatively schedule a site visit for January
13, 1990, seconded by John Blieler and approved unanimously.
The Commission took a five minute recess.
CERTIFICATE OF COMPLIANCE - 6 SEEMORE STREET
Patrick DeIulis addressed the Commission and requested that
a certificate of compliance be issued for work performed on
his property at 6 Seemore Street. He stated that the work is
complete. He also noted that the property had a lot of material
stock piled on it prior to his owning it and that he had removed
it and the fill was in place. He further noted that he was
under a time constraint since he is in the process of refinancing
and he needs the Certificate in order to close.
Kathy Winn stated that Will Beaulieu had been out to the project
and that he was satisfied with the work.
John Vallis suggested that the Commission make a site visit
• to the property since usually the Commission is presented with
a certified statement from an Engineer and in this case there
was none. He stated that the Commission could have the site
visit on Saturday and issue the Certificate on Tuesday if there
was no negative report from the members on Saturday.
Motion made by Bob Crowley to issue the Certificate of Compliance
for 6 Seemore Street, subject to the Site Visit on Saturday,
December 16, 1989, seconded by Richard Femino, and approved
unanimously
PUBLIC HEARING - COLLINS COVE CONDOMINIUM TRUST
John Tangusso, Trustee for the Collins Cove Condominium Trust
addressed the Commission on behalf of the Condominium Trust
and explained their plans to construct a 40 ' timber pier as
an extension to an existing stone bulkhead and to include a
35 ' gangway to a 15 ' X 25 ' timber float with styro foam
flotation.
Kathy Winn noted that DEP needs more information on this project.
John Vallis stated that Mr. Tangusso had contacted him prior
to the meeting to discuss the steps that needed to be taken
for the project.
• 5
The Commission reviewed an order of conditions that was issued
• for the construction of the Condominiums in 1985.
Mr. Tangusso stated that the purpose of the pier is to provide
access for the residents to their boats. He stated that they
have hired Jack Pelletier to construct the pier and that the
pilings will be positioned in such a way as to prevent damage
from ice in the winter. He also noted that they plan to install
a gate and issue keys to the residents for safety measures.
Richard Femino stated that Coastal Zone Management recommends
the use of polystyrene enclosed in vinyl rather than styrofoam.
Mr. Tangusso stated that needed some direction in the areas
that need to be addressed for DEP. It was suggested that they
retain the services of a consultant to help them address the
items requested by DEP, such as the identification of resource
areas.
Bob Crowley asked what the condition of the existing pier was.
Mr. Tangusso stated that the pier was in good condition. He
also noted that no dredging would be required for the project.
He further noted that there are some granite blocks that need
to be removed from the end of the pier that was not mentioned
in the notice of intent.
Kathy Winn noted that a DEP file number is needed to issue an
• Order of Conditions.
John Blieler made a motion to continue the Public Hearing to
the first meeting in February 1990, seconded by Fred Harney
and approved unanimously.
The Commission discussed having a site visit to the area on
Saturday December 16, 1989. The Commission will meet at the
site on December 16, 1989 at 10:30 A.M.
OLD/NEW BUSINESS
John Blieler stated that he felt that the public hearing
regarding the property on Pierce Road should have been continued
since the Commission must issue a decision with in 21 days of
the closing of the public hearing, or the matter will be out
of their hands .
Fred Harney recused himself from the discussion of this matter.
Richard Femino made a motion to reconsider the closing of the
Public Hearing regarding Pierce Road to correspond with the
site visit, seconded by Bob Crowley and approved unanimously.
John Blieler made a motion to reopen the Public Hearing regarding
Pierce Rd. and Continue it to the site visit scheduled for
•
6
January 13, 1990, seconded by George Ahmed and approved
• unanimously.
John Vallis asked Kathy Winn to send a letter to the applicants
informing them that the Public Hearing has been reopened and
continued as set forth in the motion.
Kathy Winn presented a letter to the Commission from Mayor
Anthony V. Salvo stating his opposition to the expansion to
the Golf Course. A copy of the letter is attached to these
minutes.
Kathy Winn informed the Commission that a Public Meeting is
scheduled for Wednesday January 3, 1990 regarding the site
selection for the Secondary Sewerage Treatment Plant.
The issue of illegal dumping on Story Street will be reviewed
at the next meeting. John Vallis suggested that the parties
involved be asked to attend the meeting.
George Ahmed showed the Commissioners maps that he had ordered
from the University of Massachusetts defining the wetlands in
the Salem Area.
There being no further business to come before the Commission
at this meeting, a motion was made by Bob Crowley to adjourn
the meeting, seconded by Fred Harney and approved unanimously.
• The meeting was adjourned at 11 :15 P.M.
RESPECTFULLY SUBMITTED BY:
EEN M. SACCO, CLERK
• 7
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
DECEMBER 28, 1989
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 28, 1989, at 7:30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, George Ahmed, John Bleiler,
Bob Crowley, Richard Femino, Kathy Winn Conservation
Administrator, and Eileen Sacco, Clerk.
Chairman John Vallis called the meeting to order at 7:30 P.M.
The members of the Commission reviewed the minutes to the
meetings of October 26, 1989 and December 14 , 1989.
Motion made by Richard Femino to approve the minutes of the
meetings of the Conservation Commission held on October 26,
1989, and December 14, 1989, seconded by Bob Crowley and approved
unanimously.
DISCUSSION- STORY STREET VIOLATIONS
The members of the Commission reviewed the minutes of the
meetings at which the matter of alleged illegal dumping at the
• end of Story Street was discussed.
Kathy Winn noted that she had not heard from any of the parties.
She also noted that Mr. Lovely had submitted the plans for a
fence that he said that he would put up, but that she had not
heard from him since and the fence has not been put up.
George Ahmed suggested that the City go ahead and install the
Jersey Barriers as discussed at a prior meeting.
John Vallis stated that he would contact Steve Lovely concerning
the fence.
Richard Femino reported that he has seen a green dump truck
coming out of Story Street, and would see if he could find the
name of the Company who owns the truck.
The members discussed what action should be taken to solve the
problem after the fence is up.
John Vallis suggested that the fill should be removed or capped.
Richard Femino questioned whether the owners could be held
responsible for the fill if they did not put it there themselves.
John Vallis stated that the law holds the owner of the property
• responsible.
1
John Vallis suggested that the Commission could refer the matter
to the City Solicitor for prosecution if the matter is not taken
care of by the property owners .
George Ahmed recommended that the parties be invited to attend
the next meeting of the Commission to discuss the matter. He
also suggested that only the property owners should be allowed
to address the Commission.
John Bleiler suggested that the Commission have a list of
recommendations to offer the owners, before going to the City
Solicitor.
The members discussed the possibilities and the following
recommendations were decided:
1 . Delineate the wetlands as specified in the Wetlands
Protection act.
2. Compare the previous topography of the property to the
existing topography of the land. As of the effective date
of the Wetlands Protection Act.
3 . Identify the existing property lines.
4 . Identify the nature and volume of the fill.
• Kathy Winn will send a letter to Mr. Lovely, Mr. Emmerton, Mr.
Tardiff, and Mr. Raby and invite them to the next meeting to
discuss the situation. John Vallis also suggested inviting
Ward Three Councillor Vincent Furfaro, and the Councillors-At-
Large to attend the meeting as well.
OLD/NEW BUSINESS
Kathy Winn informed the members of a workshop to be held on
February 28, 1990, on the Enforcement of the Wetlands Protection
Act.
Kathy Winn also informed the members that the Collins Cove
Condominium Trust has been issued a file number by DEP and that
the notice makes no mention of the items that they previously
requested. She asked the Commissioners if they wanted to require
them to provide the information to the Commission anyway.
John Bleiler stated that he felt that the Commission should
require the items so that they can see what exactly is in the
area. He suggested that they should delineate the wetlands,
and do an environmental assessment of the area so the they could
see what impact the project would have in terms of present and
future use. He also suggested that copies of all pertinent
data with regards to the construction of the pier should also
• be submitted.
2
The members discussed setting a date for the site visit to Pierce
• Road with regards to Joyce Salvos application. after review
of a tidal chart it was decided to hold the site visit on
Thursday, January 11 , 1990 12:00 P.M.
Motion made by John Bleiler to Continue the Public Hearing for
Pierce Road to January 11 , 1990, when a site visit will be made
at 12: 00 P.M.
Kathy Winn will notify Ms. Salvo of the visit and the neighbors
who were notified of the public hearing.
There being no further business to come before the Commission
at this meeting a motion was made by Bob Crowley to adjourn
the meeting, seconded by George Ahmed and approved unanimously.
The meeting was adjourned at 9 :15 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
• 3
� A�� k .J i -
i.`
��-
--�.�-t-