1990-CONSERVATION COMMISSION I.c) n �Mn'irSS � C� �
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SALE:; CO'?SEnVA^:ION :£OMMISSION
II.IUTES OF MEETING
-HU SDAY, "':ARCA 8 , 1990
A reaular raeetinQ of the Salem Conservation Commission was held
on "hursday, .".arch 3 , 1990 at 7 : 30 P.M. in the second floor
conference room at One Salem green.
Present were: Chairman John Vallis , . George Ahmed., John Dleiler;
lob Crowley, ichard Femino, and Fred Barney. ' Also nres,ent
were Conservation Administrator Icathy Minn, Debra Huriburt of
the Salem Planninq Denartment, and Eileen Sacco, Clerk.,
CON=-7UED PUBLIC HEARING r ?'OTIC OF INTE*IT 7Y-JOYCE SALVO FOP
PIE"CE GOAD -
Commission member Fred rlarnev recused himself from discussion
of this :natter.
Chairman John Vallis read :a letter from Joyce Salvo to the
Commission, (A copv of this. letter is attached to these minutes)
advisina them of the changes that she has made to her original
proposal to construct two homes along the Forest "iver salts,
marsh.
vJoyce Salvo addressed the Commission and, read a list of items
that she would adhere to with the approval of the Commission`
if her nronosal is approved. She ,also showed the Commission
ohotoaraohs of the proposed location for a 16 ' driveway rather
than the oronosed development of Pierce Road.
Chairman John Vallis asked :Is . Salvo how much activity would;
take .-)iacc in the buffer zone with 'the neva proposed_ drivewav;
:;s . salvo stated that the area is not in ,the salt .harsh buffer
zone -inti the area for the driveway is a lower; quality atypical
�jetland as reports by IEP `.state.- She referred to a',report from
IEP.
John _;leiler pointed out that the area•. in.-,question is considered
a bordering vegetated wetland' and. not an isolated wetland.
John 3leiler also asked what 'direction the runoff from the
drivewav would go. els. Salvo stated that the runoff would go
toward the driveway.
John Vallis stated that during the site 'visit he noticed .a
significant amount of wildlife in the area. ns. Salvo stated
that she intends to have hay bails placed and fabric filter
fences used to protect the wildlife and': the area during
construction.
T1s. Salvo also noted that at the present time ,there is a lot
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07 of :'.ebris on her nronerty and -,bowed-:the commission thotorranns
of tae nronerty with trash and, other items on it.
Georae ::hmed asked wliat tvpe of tree would. `ie used as shop.,n
on the elan. '.s . Calvo stated that she would have to consult
with the landscaoer.
George Ahmed also asked if the studv conducted 'iv I= addressed
the bituminous drivewav in the present nroposed plan. '?s . Salvo
stated that the driveway had not been considered in the study,
only the original plan to develon Pierce iload.
Steve Salvo addressed the Commission and _stated that I-P (Alid
thorough research at the time and that lint pack had been
considered, as opposed to hot top out of consideration for the
salt marsh buffer .one. He stated that 'ie (lid not think that
the hot top would ')e a determent to the area and noted that
the use of !)ituminous concrete was planned at the renuest of
Captain ^_urner of the Fire nenartment.
Pichard ?emino stated that he could rather see hot ton with
safe (7uards used.
John Vallis asked what kind of solid fill would he needed for
the construction. Ms. Salvo stated that they will need to fill
• down to the frost line with gravel and that the livable oortion
of the homes would ')e five feet above the foundation.
George Ahmed asked if FIs. Salvo knew the nercentage of runoff
before the construction of the homes and the imnact that they
will have on the runoff in the area.
Steve Salvo stated that the nroposed homes would not interfere
with the runoff in the area.
John Vallis asked how they would maintain the nrivate xray.
Ms . Salvo stated that snow plowing would be their responsibility
and that they would use sand rather than salt on the driveway.
^ichard ^emino suggested that plants could be used below the
houses for drainage control. She also stated that Ile li'.ed
this plan better than the original plan.
John Vallis stated that he felt that there is a difference in
the storm damage prevention in that IEP stated that the inarsh
can be considered significant and the new plans were not
considered in the study that determined that.
George Ahmed asked if the gutters and dry wells -)reposed are
an approved size. Tim Salvo stated that they_ would be
proportionate to the size of the houses .
•
Chairman Vallis asked if there were any other questions from
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• the Commission concerning the nronosee 1Llano .
here :^,eing none, Chairman d.allis asked. if Cher .,as an one
present at the meeting !.rho shed to soeai: in favor or oonosition
to the nronosal.
Jean 'cCarthv of 10 Buchanan .^road addressed the Commission and
stated that he has concerns about the driveway z3 it annears
on the plans . tie noted that it looks lice it -)acl:s right un
to his nronerty, rather than extend five feet to the end of
the Salvo property. tIe also stated that he was concerned about
the fact that there is no design for the houses at this time
and felt that he did not feel that the Commission could aonrove
the -)roposal without that information.
'Pim Salvo addressed t!r. cCarthv ' s concerns . ?e stated that
proncsed drivewav mould extend the full length of the )rcnerty
and that the elan rl.oes loo!f lice it stops )ut assured .:r.
'cCartnv that the five feet extends to the end of the ,)ronerty.
'tc also stated that although the Oesicn of the homes have not
>>een (iecided at the present the location or them would not )e
altered veru_ much. 'to noted that the plans show the louses
to scale.
John Vallis questioned Mr. Salvo' s statement that the location
• of the homes would not change very much. 'tr. Salvo stated that
the location of his house may change slightly 'nit that if there
were any changes to he made they would come to the Commission
before any changes were made.
:obert ::ackey of 0 Puchanan Coad stated that he resented :'.s .
Salvo ' 3 statement that her pronerty was ')ping user. as n ciumnina
<-Tround. `Ie stated that the students of Salem State Collcne
leave a lot of trash around. -?e also stated that 'ic cut (IOWi
some sumac that was encroaching on his nronert,,r. is . salvo
stated that she did not name anyone in connection �,,ith her
statement concerning ciumning.
Ellen Gallagher of 22 Cleveland ^oad stated that the
:Massachusetts Association of Conservation Commissions have
oronosed an Executive order which would preserve the remaining
wetlands in the state. She referred to an article in the Sunday
Boston Globe, and noted that although the proposal is not law
she felt that it was valuable information for this c.',iscussion.
Artnur 3arkades of 4 Buchanan load expressed his concerns about
an asphalt driveway. Ile also told the Commission that he had
photographs showing wildlife in the area. :ir. Zarhades also
stated that he has concerns about the curb cut on Loring Avenue.
• Diane ?ogan of Loring Avenue stated that she previously lived
at 3 'Buchanan Road and she was against this nroposal because
of the effect that it would have on the area. She stated that
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the Geoaranhv Denartment at Salem Sta+e College uses that area
• to study and observe wildlife. She also stated that she had
observed ducks migrating in the area.-
Jane iackey of 8 Buchanan Road stated that there are pheasants
nesting in the area. She also added that the nesting period
is going on at the present time.
Fred Sullivan of the Marblehead Conservation Commission addressed
the Commission and stated that the area is extremely significant
for wildlife. He stated that he has walked the area many times
and he fails to see how anything can be built that would not
disturb the wetlands. He also noted that the location is
considered the only estuary of any significance on the north
Shore between here and Revere. Mr. Sullivan also cited examples
of wildlife that could be in the area.
Randall tIeiting of 14 Buchanan Road asked to review the plans .
He noted vegetation and the closeness of the proposal to the
wetlands.
John rleiler stated that he did not feel that wetland delineation
was as important as some of the other issues .
Richard Femino asked Mr. Weiting how big his back yard was .
. Mr. tdeiting stated that it is 19,000 s .f. and goes into the
paper street. Richard Femino stated that he felt that the house
would have the same effect on the wildlife as the lawn does,
and the environmental impact on the wildlife would not be great.
He suggested that the wildlife would move.
Ellen Gallagher addressed the Commission again and stated that
according to the Boston Globe article that she had, there have
been manv decisions and mistakes made with regards to the
wetlands in the state that have led to the decrease in them.
Kathy O'Donnell of 18 Buchanan Road stated that she agreed with
Mr. Sullivan and is opposed to this proposal. She stated that
she would like to see what is there preserved.
Chairman John Vallis asked if anyone else wished to speak on
the subject. There being no response he asked Ms. Salvo if
she would like to make a closing statement.
Ms. Salvo stated that she has spent a great deal of money
developing and amending her plans. She noted that this is not
a big development and it is not being built for profit.
There being no further discussion of the matter, a motion was
made by George Ahmed to close the Public Hearing, seconded by
• John Bleiler, and approved unanimously
John Vallis asked Ms. Salvo about her plans to subdivide the
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• lots . s . Jalvo stated that lot .'316 will convey 9 , 000 .. . f .
to lot .. 317 to :7a--.e that lot 15 ,21 :' s . f .
Chairman John vallis reminded Commission *embers of the
jurisdiction of ^e Commission and to consider the information
)resented in their recision of this :natter.
aichard Femino stated that the Commission should act on :.hat
is 'there. _'e also stated that he got the feeling that the
neighbors did not �7ant anything at all built there.
John 7leiler stated that there is a salt marsh in the area and
the job of the Commission is to protect the wetlands in
accordance with the SIetlands Protection '.ct and the City of
Salem Ord nance, and cited state lace. e also stated that he
felt that the aoolicants had made a c;ood faith effort to protect
the area :rl moving the driveway, however he has a problem seeing
develon:nent near wetlands . 1Ie noted wildlife and marine
°isheries are in the area and that with navinu there voul(I he --
a pollution concern ('.ue to the runoff. 'le :Iso commended the
annlicant for the effort made to present an environmentally
sound :nronosal .
George Ahmed suggested that there would 1.>e less of an impact
on the area if only 1 house was built. John Vallis agreed but
• noted that the nronosal before the Commission was for 2 houses.
George Ahmed stated that he would like some more time to consider
the nronosal.
John ',vallis stated that the Commission has 21 days to render
a decision after the close of the Public 'Iearina.
:::"ichard Femino stated that the environmental impact report was
not correct since it (lid not address the impact of the oronosed
oriveway. 'le stated that he would li'.ce to ::now the impact.
Chairman John Vallis asked for a motion in the affirmative on
the nronosal .
".otion made by George Ahmed to approve the aotice of Intent
for Joyce Salvo, seconded by Bob Crowley, and approved
unanimously.
Chairman Vallis asked for discussion on the motion.
^ichard Femino stated that he felt that the Commission has looked
at the nlans and laces and felt that the law was being adhered
to .'Ie noted that the IEP report speaks to rare species of
wildlife and that he did not feel that the nronosal could be
• denied based on the report.
John Pleiler noted that in the past the Commission has gone
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• on record to protect the area demonstrating a commitment to
oreservina the area.
There being no further discussion on the motion, Chairman Vallis
called for a roll call vote on the motion as follows:
George Ahmed ------YES
John Bleiler ------NO
Bob Crowley -------NO
Richard remino ----YES
John Vallis -------NO
With all members present voting the vote was 3 members voting
NO and 2 members voting YES . The motion was denied.
Chairman Vallis informed Pts . Salvo that she could appeal the
decision of the Commission to the Department of Environmental
Protection. _ ------
[TOTICE OF INTENT - 'f OWN OF MARBLEIiEAD AND .".',MA
Fred Brandon of MWRA, Doug Peed of SEA Consultants , Dana Snow,
Wilbur Bassett, and Charles Segal of the f°arblehead ?later and
Sewer Commission were present at the meeting to request approval
• of an abbreviated Notice of Intent for the installation of
testing wells to conduct a pumping test for the nurpose of
qualifying groundwater availability.
Doug Reed addressed the Commission and explained that the area
off Loring Avenue near Leggs '.sill Road was formerly the water
supply for the Town of P1arblehead and that they are requesting
to install test wells that would be 3" in diameter and perform
pumping tests . lie stated that they would I)e pumping 350 gallons
of water per minute, 24 hours a day for 5 days . `[e noted that
the purpose of the test is to see the amount of �!ater on the
site for the possible future use of it to supplement the Town
of Marblehead water supply.
John Vallis clarified that this proposal was only for testing
and that the placing of any permanent wells on the site would
require additional review by the Commission.
George Ahmed asked when they propose to do the testing. Mr.
Reed stated that it would be done in late May or early June.
Bob Crowley asked if they could use the old well head that is
there. yr. Reed stated that they could but that they want to
get further away.
• John Bleiler asked if hay bails could withstand a half a million
gallons of water a day, yr. Reed stated that the hay bails
would be staked.
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• John Vallis asked .:hat '.:inti of vehicle woulc be used on the
oronerty. '=r. ^eed stated that a 25 foot long true': with a
derric'.c and a generator would be used.
John Theiler suggested that the Commission have a site visit
before making a decision.
Chairman Vallis asked if there %ias anyone in attendance at the
meeting who wished to speak on the matter.
Sheila ,'holley of 9 Linden Avenue asked if the Town of aarblehead
does use this as a water supply can they anticipate iDuilding
on the orooerty.
John Vallis stated that this proposal was only to determine
the feasibility of the use as a water supply.
Stephen Doucette of 454- Loring avenue
asked to-be_ noti-f i_n
d of
the site visit. ;Ie also e::nressed his concerns about numning
the water 24 hours a day noting that there are many children
in the area. 'ie also asked how close the generator would ')e
to the road.
'Irs. 'hollev stated that she thought that the City of Salcm
• leased the property to the Town of "arblehead. Dana Snow stated
that the Town of :flarblehead owns the property out right and
pays taxes to the City of Salem.
Jim ?Tiernan of Linden Avenue stated that he was concerned about
the noise factor that the pumning would cause. lie also asked
if the level of the pond would be maintained.
There being no further discussion on the ratter at this time
a motion was made ')y Fred Harnev to Continue the Public !tearing
to a future meeting of the Commission after a site visit is
made by the Commission to property, seconded by P,ob Crowley
and approved unanimously.
The Commission scheduled a site visit to the property for
Saturday, ::arch 24 , 1990 at 9 :00 A.:I. Letters will be sent
out to the owners of the property abutting the site, notifying
them of the Site Visit.
PROGRESS 2EPOP.T - STORY STREET VIOLATIONS
Attornev Jack Keilty representing Steve Lovely and "r. Raby
addressed the Commission to give a progress report on the status
of the determination of fill on his clients property. Atty.
Keilty stated that Eastern Land Survey has completed its survey
• of Mr. Lovely ' s property and they are in the process of surveying
Por. Paby' s land, He requested to address the Commission at
their next meeting on the status of Nr. naby ' s property.
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• Attornev aeilty stated that thev used-- aplan done by u ?!
Engineering dated September 12, 1988 as the basis for the survey.
He noted that they identified the area of fill, and presented
the Commission with a letter from the Fafard Companv indicating
that Mr. Lovely had trucked the fill from their job site on
Highland Avenue. He also stated that Mr. Lovely plans to plant
and seed his property, and would file a Pdotice of Intent to
accomplish that.
George Ahmed asked if the fill was all clean fill . Attorney
Keilty stated that it was. lie also stated that he hoped that
test boring would not be necessary since they cost ;800 .00 per
day.
John Bleiler asked if T & M Engineering had previously flagged
the wetland. Attorney Reilty stated that they had.
Fred Harney asked about the status of the temporary fence that
'Ir. Lovely was supposed to put up. Attornev P.eilty will check
on that matter.
George Ahmed clarified that this report was only for tar. Lovely ' s
property at this time.
• John Bleiler suggested that the Commission wait until they have
the results from all parties before going any further with the
matter. He also stated that the Commission had seen photographs
of illegal fill during previous discussions of this matter.
Attorney Reilty stated that at this point what has been examined
is all clean fill. He suggested that if the Commission requires
a filing of a Notice of Intent that the Commission could view
the property again.
It was suggested that if test borings are required perhaps the
cost could be split.
Motion made by John Bleiler to require a Notice of Intent be
filed for the placement of the fill on Mr. Lovely' s property,
seconded by Richard Femino.
George Ahmed stated that he felt that requiring a Notice of
Intent at this time was premature, and noted that he would like
to continue the matter for a couple of weeks until more
information is received.
John Bleiler withdrew his motion.
The Commission agreed to continue the matter for two weeks at
which time the results of Mr. Raby' s survey will be presented.
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• :O^:ICE OF T_',R,7= - (71:0'G= � � OD`_' CCOT'E'AT_I.'" .ATiI: - 1 ?^A3OD7
-T'ETIT -
John Eleiler recused himself from discussion of this :.atter.
Dr. I ucih :'ullician of Gulf of iaine _,Zesearch Inc, addressed the
Commission on behalf of the !?eorce Peabodv Cooperative 3an]:,
concerninc their Jotice of Intent to remove four storage tanks
and one casoline tank found on the nrcu_ erty. Or. ."ullican had
discussed this at the "ebruary 2 , 1990 meeting and received
anoroval from the Commission to nerform exploratory test on
- the nrooertv. 'Te reported that their intent was to oven the
tanks to check for the presence of chemicals , ')ut because of
generators and transformers previously on the site in the past
there was an indication that PCB' s might be found. `ie reported
that no PCB ' s were found, ')ut a little ;;'G fuel oil was found
in the 20 , 000 crallon tanks , which were low levels of volatile
organic compound.
`?r. lullicTan also r^ported that clorinefeci ::ydrocarnons dere
found in the 1 , 000 gallon tank located close to the building.
?Ie also noted that nome contamination was found in the soil .
'Ie further noted that they arc in the process of rIettina bids
for the removal of the tanks .
• Dr. ::ulligan stated that they thin]: they can get a permit to
filter the material found in the clean tanks and discharge it
into the South ,'.fiver. He also noted that they have applied
to the State for a waiver to go ahead and clean up the area.
PIotion made by Fred 'larnev to continue the Public Nearing to
the meeting of starch 22 , 1990 , seconded by 'lob Crowley and
aunroved unanimously.
32 "3 STTZEET - C=TI?IC""^ OF COiMPLIA!TCE
:Cathv ':,'inn gave the Commission a letter rcauestina a Certificate
of Compliance for 82 Webb Street. John Vallis suggested that
the Commission should conduct a site visit before approving
the request. i:athv '.'inn will notify the Attornev.
OLD nUSINESS
LET^.EI'. :.E: SESD' s / ,MEPA' s SUBMISSION
It was suggested that copies of the letter from the Commission
statincr it ' s position be sent to Senator I(ennedy, Senator 'terry,
Senator Berry, the EPA, Governor Dukakis, Congressman I'.avroules,
City Planner ':Iilliam Luster, the Department of Environmental
Protection, and Coastal Zone :Management.
•
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• ;'.PPnOVt1L OF ;'IIATUT^S
The annroval of the minutes to the meeting of February 22 , 1990
was nostnoned until the :':arch 22 , 1990 Meeting so that the
Commission :-Members can review them.
There :being no further business to come before the Commission
at this meeting a Notion to adjourn was made by Fred 1'arney,
seconded by George Ahmed and approved unanimously.
The meeting was adjourned at 11 : 30 P.M.
12ESPECTFULLY SUDMITTED DY:
IUITIIY 'IITN, COHSE-VAT-ION,
ADMIi1ISTP.ATO^
CC030890
10
t
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
'MARCH 22, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 22, 1990, 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, Fred Harney, and Martha Hogan. Also present were
Conservation Administrator Kathy Winn, and Debra Hurlburt of
the Salem Planning Department.
PUBLIC HEARING - NOTICE OF INTENT - SALEM HOSPITAL PARKING LOT
Commissioner John Bleiler recused himself from discussion of
this matter.
Attorney John Darling of Serafini, Serafini and Darling addressed
the Commission on behalf of his client Salem Hospital. He
informed the Commission that if they are planning to have a
site visit to the property, that Dr. Hugh Mulligan of Gulf of
Maine Research Inc. would be unavailable this coming Saturday,
but would be available at any other time to visit the site.
• Attorney Darling introduced Rob Leonard of Gulf of Maine Research
Inc. who was present at the meeting. He addressed the Commission
and presented the plans of Salem Hospital for the construction
of a parking lot. He explained that the lot would be built
on 4.48 acres of land and would accommodate 329 cars. He noted
that the area had been flagged in 1988 and had be reflagged
in February of 1990. Mr. Leonard also identified the wetlands
and the bordering vegetated wetlands for the Commission. He
explained that the activity proposed would take place in the
wetlands areas would be by the entrance and the North West Corner
of the property.
Mr. Leonard explained the drainage of the property and stated
that catch basins would be outfitted with MDC oil and grease
traps to prevent surface and groundwater contamination. He
also noted that a drainage report had been filed with the Notice
of Intent done by Earl Townsend and that the report stated that
the drainage was adequate.
In summary Mr. Leonard stated that there are no proposed
alterations to the wetlands and that appropriate erosion controls
would be taken using staked hay bails.
Richard Femino asked if the erosion control measures would be
set up prior to construction. Mr. Leonard stated that they
• would be set up prior to construction.
1
. George Ahmed asked if what the total area being developed would
be. Mr. Leonard stated that it was 4 .48 acres. George Ahmed
also asked if they had any drawings which would show the
topography of the land before and after construction. Mr. -.
Leonard stated that he did not have them at this time.
Fred Harney asked about the sizes of the catch basins. He noted.-,
that they should be shown on the plan. Mr. Harney also asked -
what the retaining wall would be made of. Mr. Leonard stated -
that
George Ahmed asked if the surfacing of the lot would take away
from the natural drainage that is there now. He noted that
the water that falls there now is going to have to go somewhere,. "
and he would like to see the least amount of impact shown on
the plan. He noted that the plans do not satisfy him with - -
regards to drainage.
Fred Harney asked if curbing would be installed around the
parking lot. Mr. Leonard stated that he believed that there
would be but
� noted_ that he was not
sure what
type.
John Vallis noted that the plan shows MDC gas traps and asked
if there was anything proposed to trap an existing runoff to
Y g
the area. Mr. Leonard explained the plans showing the basins
and the routes of the runoff.
. George Ahmed asked if the curbing would be to contain surface
runoff or would certain areas drain off the parking lot into
the land. Mr. Leonard stated that he believed that it would
be curved.
Fred Harney asked if there was any blasting proposed for this s$F
project. Mr. Leonard stated he did not believe so.
Mr. Leonard stated that the Commission seems to be concerned
with the drainage and that some of their concerns cannot be
sufficiently addressed with the information that they have.
He noted that the engineer stated in his report that the drainage n
was adequate mostly because of the oversized flood river control..
He further stated that the information necessary to satisfy
the Commission' s concerns could be obtained if they choose to
continue the Public Hearing.
Patricia Marcus of 9 Greenway Road asked to see the plans in
relation to Greenway Road.
George Ahmed asked what the number of automobiles that would
be on the Parking Lot per day would be. Mr. Leonard stated
that the lot could accommodate 329 cars but he did not know
if they would be there everyday.
• John Vallis asked if there where any plans for future development
of an area near the proposal. Representative of Salem Hospital.
2
noted that not at this time.
Richard Femino asked if any problems had been encountered after
the completion of a similar project by North Shore Childrens
Hospital near the same area. Mr. Leonard stated that there
were no problems.
Fred Harney asked if they would hauling material in to the site.
Mr. Leonard stated that he did not know how much fill would
be needed.
John Vallis asked if the surface of the parking lot would be ..
asphalt. Mr. Leonard replied yes.
George Ahmed asked who the Contractor for the project would
be. Mr. Leonard stated that it would be Meridian Engineering
in Peabody. George Ahmed asked if the contractor could be
present at the site visit.
John Vallis asked if there was anyone present at the meeting
who wished to speak in favor or opposition to the proposal.
Roger Pelletier of 7 Kimball Road asked if the plans could be
submitted to the Army Corp of Engineers for review. John Vallis
stated that he did not think that this was the jurisdiction
of the Army Corp of Engineers.
There being no further questions from those in attendance,
Chairman Vallis asked for a motion.
Motion made by George Ahmed to Continue the Public Hearing to
April 51 1990, seconded by Richard Femino and approved
unanimously
Fred Harney requested that the engineer be present at the site
visit and notify them of the concerns of the Commission ahead
of time. He also stated that all drainage calculation be stamped
by a registered PE.
The site visit was scheduled for March 31 , 1990 at 9:00 A.M.
CONTINUED PUBLIC HEARING - 1 PEABODY STREET
John Bleiler again recused himself from discussion of this
matter.
Rob Leonard of Gulf of Maine Research Inc. addressed the
Commission and requested that they continue the Public Hearing
again until the next meeting of the Commission on April 5, 19901
to give them time to complete testing and compile the
information.
• Motion made by George Ahmed to continue the Public Hearing
3
• regarding 1 Peabody Street until the next meeting of the
Commission on April 5, 1990, seconded by Fred Harney and approved
unanimously.
George Ahmed asked Mr. Leonard if he could update the Commission
on the status of the Gibbs Gas Station Project. Mr. Leonard
reported that the new tanks had been installed and the stock
pile of fill is still present on the site. He noted that they
are still awaiting approval from the State to remove the stock
pile and are in the process of finding a location to remove
it to. George Ahmed suggested that the Commission write a letter
to the State requesting that they expedite the approval process.
STORY STREET DISCUSSION
Attorney Jack Keilty addressed the Commission on behalf of his
clients Steven Lovely and Joseph Raby. He addressed them first
concerning Mr. Lovely's property.
Atty. Keilty showed the Commission a plan that showed a profile
of the area indicating the original grade and the existing grade.
He also presented an affidavit from Mr. Lovely regarding the
fill that he removed from the Shaw's Supermarket Site. George
Ahmed asked Atty. Keilty who took the affidavit. Atty. Keilty
replied that he prepared it.
aAtty. Keilty noted that the subdivisions off of Jefferson were
filled to grade and that the properties on the other side of
Jefferson Avenue would be more representative of the grades
before the subdivision. He also noted that the property appears
to be about 38 feet from the resource areas, and that Mr. Mello
had based his depth on the T & M Engineering Plan of 1988.
Atty. Keilty informed the Commission that Mr. Lovely has not
yet authorized him to have test borings taken on the property.
He stated that as he reported at the last meeting they are costly
and would cost about $800.00 for the day, and that if they could
avoid unnecessary expense they would like to. He suggested
that the Commission make a site visit to the property to see
the area and the fill that has been placed. He noted that Mr.
Lovely would like to grade out the property and stabilize it
to plant and seed it. He stated that he has suggested hydroseed
to him so that it would take.
Atty. Keilty also reported that he had spoken to Mr. Paul Summer
and that he had been to the site. He stated that they discussed
the effects of asphalt on the environment and that depending
on the volume of it and the exposure of the surface, water could
carry petroleum by products to the wetlands. In summary Atty.
Keilty stated that as he sees it there are two options which
. could be taken, one being to stabilize the fill and plant and
seed it or capping the area with clay on the top and the sides
which would require the use of rip rap and a different grade
4
. so that the sides would stay in place.
Atty. Keilty addressed the Commission on the status of Mr. Raby's
property. He noted that Mr. Raby is a fixed income retiree,
and wished that the Commission would come and see his land.
Atty. Keilty showed the Commission a diagram of Mr. Raby's land
and noted that Mr. Raby claims he owns a portion of land out
to the paper street, be that he had not seen the deed and would
have to check that out.
Atty. Keilty stated that Mr. Raby had intentionally filled some
of the property but that unauthorized fill had also been dumped
there and Mr. Raby claims he does not know who dumped it. He
also noted that he did not feel that Mr. Raby had made an attempt
to stop the dumping since he seems happy with the grade that
is there now. Atty. Keilty also noted that he had informed
Mr. Raby that even though he did not dump the material himself
he is stuck with it and if the Conservation Commission sees
fit to have him remove it they can order him to remove it.
John Bleiler asked Atty. Keilty where Mr. Raby's land was in
relation to the wetland. Atty. Keilty refereed to the plan
and stated that if it is true that Mr. Raby owns out to the
paper street, he has done work in an area which is in the
jurisdiction of the Conservation Commission. He also suggested
• that vegetation has taken root on Mr. Raby's property and that
the fill does not appear to be as recent as Mr. Lovely's fill.
Atty. Keilty suggested that if the fill were to be removed there
would still be the runoff from the other streets. He noted
that he felt that aggressive planting and seeding would create
vegetation that would act as a filter before the runoff got
to the wetlands.
John Vallis asked Atty. Keilty if he was suggesting that it
would be more advantageous to have the asphalt fill in the buffer
zone than not having it. Atty. Keilty replied No, he felt that
ideally it would be better not to have it but he also felt that
removing it may do damage to the wetland. John Vallis asked
if it would be possible to show that there is no leeching.
Atty. Keilty stated that he had discussed that with Mr. Summer
and that he had indicated that would not be possible. He said
that Mr. Summer could not suggest removal unless an ambitious
plan to cap the area followed.
John Bleiler stated that he was not sure that the Commission
could permit unclean fill within 100 feet of the buffer zone.
He noted that it is not an issue of good or bad fill or what
is financially acceptable, and an Order of Conditions lists
what is appropriate and inappropriate and asphalt is
inappropriate.
•
5
• George Ahmed stated that he wanted to know the true picture
of the fill and what is there. He stated that he was concerned
about how the fill could stay in place at the grade.
Attorney Keilty suggested that the Commission visit the site.
John Vallis suggested that the Commission meet at the site at
9:00 A.M. on Saturday March 24, 1990.
There being no further business to come before the Commission
at this meeting a motion was made to adjourn the meeting by
George Ahmed, seconded by John Bleiler and approved unaimously.
The meeting was adjourned at 10:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC032290
•
•
6
` f
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
APRIL 12, 1990 ,
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 12, 1990 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, George Ahmed Fred Harney,
and John Bleiler. Also present were Kathy Winn, Conservation
Administrator, and Eileen Sacco, Clerk.
PUBLIC HEARING (CONTINUED) TOWN OF MARBLEHEAD / MWRA
Fred Harney recused himself from discussion of this matter.
Doug Reed of SEA Consultants addressed the Commission on behalf
of the Town of Marblehead and MWRA. Also present were Dana
Snow of the Marblehead Water and Sewer Board and Fred Brandon
from MWRA.
Mr. Reed reviewed their plans for pump testing to determine
the feasibility of reactivating the abandoned water supply o6-
Loring Avenue. He noted that MWRA encouraged the Town to
• determine the quantity of water available for the possible
reactivation of the water supply. Mr. Reed also noted that
at the site visit held by the Commission there were specific
requests made by the Commission which he would address. One
concern was the size of the equipment to be used on the
property. He provided photocopies of pictures of the equipment
for the Commission. He also noted that he has met with DEP
and they have approved the procedure for the testing. He added
that DEP required the addition of 2 more 8" diameter test wells.
He showed the Commission an amended plan showing the additional
test wells. Mr. Reed further noted that DEP had no problem
with the location for the discharge of water from the testing.
Mr. Reed addressed another concern of. the Commission that being
the level of the pond after pumping for 24 hours a day for five
days. Mr. Reed stated that the volume of the pond is unknown,
but a rough estimate would be that the effect on the level of
the pond would be less than a foot, probably less than z a foot.
He stated that this would be the worst case scenario and that
the test would have no long term effect on the pond.
George Ahmed asked Mr. Reed if during the course of the testing
they find that they are pumping more water than anticipated
would they stop the pumping or continue. Mr. Reed stated that
they would probably cut back on the pumping. He also noted
• that they would be monitoring the pond daily, as well as after
the completion of the testing to see how fast the level of the
pond comes back.
1
George Ahmed suggested that the water should be diverted in
different directions rather than going in the same direction.
He also questioned whether the pipe would be large enough.
Mr. Reed stated that it would be more accurate to use one device
and smaller pipes would restrict the flow.
George Ahmed asked if the water has been tested. Mr. Reed stated
that they have tested it and the results showed that the water
is pretty good for drinking water, but may need to be treated
for iron and manganese.
John Bleiler asked about the time frame for the project. He
also expressed concerns for the wildlife breeding at the edge
of the pond and the effect that the level of the pond would
have on it. Mr. Reed stated that he thought there would be
little effect on the wildlife.
George Ahmed asked if the contractor would be restricted to
certain areas on the property. Mr. Reed stated that they would
be meeting with the contractor to review the locations for the
testing.
Chairman Vallis asked if the was anyone in attendance at the
meeting who wished to speak in favor of the application.
. Bernard Tremblay addressed the Commission and asked if there
were any plans to control noise levels if the pumping station
is reactivated. Chairman Vallis stated that this proposal was
only to conduct a study to determine the feasibility of the
possible pumping station not a permanent one.
Terry Savage of 15 Linden Street addressed the Commission with
2 concerns. The first being that he is concerned about the
homes adjacent to the pond and the possibility of damage to
the foundations, and the second being that spawning fish will
be effected. He noted that the dewatering of the pond on a
previous occasion caused sever damage to his foundation which
he has recently completed repairs on. He also had sent a letter
to John Vallis concerning the project and outlines a number
of possible conditions for the project. John Vallis read that
letter into the record a copy of the letter is attached to these
minutes.
Jim Kiernan addressed the Commission and state that he is not
opposed to the project but noted that he built his property
subject to the conditions of the Conservation Commission and
would like to see the Town of Marblehead do the same.
Roger Boucher of 17 Linden Avenue suggested that the test be
done in the winter since the pond goes down about a foot and
• a half in September. Mr. Reed stated that the aquifer is large
enough to sustain the amount of water coming out from the
2
• testing.
Terry Savage asked if the hydraulics of the pond change over
a period of time as opposed to a sudden drop such as five days
of testing. Doug Reed stated that the aquifer goes down during
a summer drought but he felt that the aquifer would stay up
during testing.
George Ahmed asked how many gallons of water were pumped per
day when the pumping station was operating. Mr. Reed stated
that it was approximately 500-600 thousand gallons per day.
He also noted that at that time there was no pond and that the
discontinuation of the pumping resulted in the pond.
John Bleiler asked if the pump test could be bumped to the end
of summer in consideration of the breeding that takes place
at the time presently planned. Mr. Reed replied that the ideal
time to do the testing is when the water table is highest.
John Bleiler suggested contacting Fish and Wildlife to get an
opinion from them.
John Vallis asked what kind of sound insulating barrier could
be used to control the noise level of the generator used for
the pumping. Mr. Reed stated that the generator would be a
four cylinder engine with a muffler. He also noted that the
sound would be a constant one and they have never had any .
• complaints on previous projects.
Mr. Tremblay asked if a permanent facility would be run 24 hour
a day. Mr. Reed replied no.
There being no further questions or comments from those present
or the Commission, George Ahmed made a motion to continue the
Public Hearing until May 10, 1990 to gather information
concerning the effect of the testing on fish and wildlife by
a qualified consultant, seconded by Bob Crowley and approved
unanimously.
John Vallis requested that the Commission obtain an opinion
from City Solicitor Kevin Daly concerning the binding legal
obligation of the Town of Marblehead in the event of structural
damage to property as a result of the testing.
PUBLIC HEARING (CONTINUED) SALEM HOSPITAL
Fred Harney returned to the meeting at this time. John Bleiler
recused himself from discussion of this matter.
Attorney John Darling addressed the Commission on behalf of
Salem Hospital. He noted that Rick Waite and Mike Juliano of
Meridian Engineering Collaborative, Dr. Hugh Mulligan of Gulf
• of Maine Research Inc. , and Don Garrity of Salem Hospital were
present at the meeting as well.
3
Mike Juliano of Meridian Engineering Collaborative addressed
• the Commission and explained the drainage system planned for •
the two tiered parking area planned by Salem Hospital. He noted
that existing drainage flows towards the wetlands in all
directions and after construction it would be piped.
George Ahmed asked if there was a reason for the 12" pipe and
not a smaller one. Mr. Juliano stated that a minimum of 12"
is needed to prevent clogging. George Ahmed also asked if there
would be anything over the opening of the catch basins. Mr.
Juliano stated that traps will collect silt and oil and grease
that separates and collects. He also noted that the traps would
be maintained on a yearly basis.
John Vallis asked if there would be any additional work on Old
Road. Don Garrity of Salem Hospital stated that the agreement
for the easement from the City includes the resurfacing of Old
Road and that a gate restricting traffic would be placed. Mr.
Garrity also noted that the parking area would be used for
employee parking only, and they would be providing shuttle buses
up to the Hospital.
Fred Harney asked about the snow removal policies of the
Hospital. Mr. Garrity stated that they do most of the plowing
themselves and they use calcium and sand on the roads.
• Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the •
Commission and showed plans marking the vegetated areas of the
property as requested by the Commission at the previous meeting.
George Ahmed noted that he was concerned about the effect of
the project on the vegetation in the area, by the diversion
of water run off. Dr. Mulligan stated that he felt there would
be 100% impact on the paved area but less than 5% on the downside
of the hill.
John Vallis asked what the time frame for the project would
be. Dr. Mulligan stated that he thought it would be 10 weeks
average. Don Garrity stated that they hope to begin the project
'in the fall.
There being no further comments or discussion of the matter,
a motion was made by Fred Harney to close the public hearing
seconded by George Ahmed and approved unanimously.
Motion made by Bob Crowley to issue and Order of Conditions,
seconded by George Ahmed and approved unanimously.
The Commission will issue the Order of Conditions at the next
meeting of the Commission, scheduled for April 26, 1990.
George Ahmed asked Don Garrity if when the Colby Street Parking
• Area is closed if the pavement would be taken up. Mr. Garrity •
4
. replied that there is no paving on the Colby Street lot.
PUBLIC HEARING (CONTINUED) GEORGE PEABODY COOPERATIVE BANK
John Bleiler recused himself from discussion of this matter.
Dr. Hugh Mulligan of Gulf of Maine research Inc. addressed the
Commission to report on the progress of the tanks at 1 Peabody
Street. He reported that they have been notified by DEP that
a file number 64188 has been issued and that a waterways chapter
91 permit is not required. He noted that the work is not
finished and that the large tanks shown on a 1915 plan for the
area are 4 - 20,000 gallon steel tanks and all seem to be intact.
He reported that they are full of liquid which has been tested
and is mostly water, there are no PCB' s and low levels of benzene
which exceeds drinking water standards. He reported that they
would rather use a treatment system and discharge the water
into the sewer as opposed to pumping the liquid from the tanks
which costs $1 .50 per gallon and would cost $80,000 - $120,000.
He stated that he is working with the City Engineer on the
possibility.
He also referred to water tanks that were referred to on the
plan, but noted that they may have been above ground and have
probably been removed since they have not been located.
Dr. Mulligan stated that he hoped to have a schedule for the
removal of the tanks for the Commission by the next meeting.
There being no further comments or questions from the Commission,
a motion was made by George Ahmed to continue the Public Hearing
until the May 24, 1990 meeting of the Commission, seconded by
Fred Harney and approved unanimously.
George Ahmed asked Dr. Mulligan on the status of the dirt pile
at the Gibbs Gas Station on Derby 'Street. Dr. Mulligan noted
that the pile had been recovered and is now secure. He also
stated that the pile is to be removed to Derry New Hampshire,
in the near future.
John Bleiler returned to the meeting.
DISCUSSION - MCKINLEY ROAD
Kathy Winn reported that she had received an anonymous call
reporting that City trucks are dumping wood chips and branch
cuttings in the area of McKinley Road which is in the buffer
zone of the conservation area outside of the wetland. Carmen
Labrecque was present at the meeting and stated that the DPW
was doing this at the request of the homeowners to cover glass
in the area.
• Dr. Borges of 33 Pickman Road addressed the Commission and noted
5
• that he is a former member of the Conservation Commission.
He 'explained the history of the neighborhood and the situation
of the dumping. He noted that the neighbors have maintained
the area over the years and that he did not believe that there
was any harm to the wetlands.
John Vallis suggested that the Commission hold a site visit
to the area, and asked Carmen Labrecque if she minded if the
Commission entered her property to view the area. Ms. Labrecque
stated that she did not mind.
The Commission scheduled a site visit for April 21 , 1990 at
9:00 A.M.
PRESENTATION BY MBTA RE: PROPOSED BRIDGE STREET PARKING LOT
Jane Chimielinski of the MBTA and Sarah Walker addressed the
Commission to have an informal discussion on the proposed parking
lot on Bridge Street. Sarah Walker stated that they intend
to file 2 notices of intent for the project. One for the
Permanent parking area and one for a temporary parking area
to be used for about three years during the construction of
the permanent lot. Ms. Walker noted that the site for the
temporary lot is owned by Parker Brothers and will be leased
to the MBTA.
. George Ahmed asked what will happen to the lot when the permanent .
lot is completed. Ms. Walker stated that the lot will revert
back to Parker Brothers. She also noted that although the lot
is temporary for the MBTA, it has been planned for use before,
during and after the Bridge Street Bypass Project.
John Vallis asked when they proposed to begin the work. Ms.
Walker stated that they have been funded for the design phase
of the project and that they are waiting for Construction Funds.
She noted that they are going through the permit process so
that everything will be in place when funding is available.
She also noted that they will notify the Commission of the date
of the scoping session and are hoping to have it in Salem.
OLD/NEW BUSINESS
Kathy Winn reported that a request has been made for a
Certificate of Compliance for 82 Webb Street. She noted that
the Commission held a site visit at the property recently.
John Vallis stated that he felt that the lack of a retaining
wall does not effect the wetlands, and it was more of a
landscaping issue. George Ahmed questioned if the Commission
could issue the Certificate if the retaining wall was required
by an Order of Conditions. Kathy Winn stated that the wall
was not specified in the Order of Conditions.
. Motion made by John Bleiler to approve the Certificate of
6
• Compliance for 82 Webb Street, seconded Fred Harney and approved
unanimously.
Kathy Winn informed the Commission that they had received
notification from District 5 DPW informing the City of two
projects which are exempt from filing. The projects are for
the Kernwood Bridge and the Beverly Salem Draw Bridge. She noted
that the letter stated that they would be will to meet with
the Commission to discuss their plans. George Ahmed suggested
that the Commission acknowledge the letter.
Kathy Winn also informed the Commission that the neighbors are
complaining about the Bertini property again. She noted that
the work being performed is general maintenance and that they
do not need to file for that. John Vallis suggested that they
send a letter stating that it is general maintenance.
The Commission discussed the repairs being made for the tidal
gates at Forest River. John Bleiler stated that he is concerned
that the work is taking place and the Commission has not been
informed. He noted that he is concerned about the oil from
the motors being installed and the effect it will have on the
water. He also noted that the issue of opening the gates is
of concern. He noted that Dr. Moore' s recommendations were
suggested times when the gates could be opened rather than when
they should be open.
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 10:50 P.M.
RESPECTFULLY SUBMITTERD BY:
EILEEN M. SACCO, CLERK
CC041290
2i
r i
z Conservatim Commissim
Salem. Massa chusctts 01970
F. �t
i ss n���.
CIT : OF SALEM
CONSERVATION C0141ISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will
hold its regular meeting on Thursday, April 26, 1990, at 7:30 p.m. , One
Salem Green, second floor conference room.
John G. Vallis
Chairman
•
Tentative Agenda:
1. Request for Certificate of Compliance - Robert Gauthier, Tedesco
Pond Place
2. Request for Extension Permit for Pioneer Village - Peter
LaChapelle, National Park Service
3. Order of Conditions - Salem Hospital
4. Old/New Business
5. approval of Minutes
P113 7:0'G1C. po:' "tifi„14i Bullstl Board"
City Hall Ave. , "alem. Mass . on �prl/ � i%4<
4-k �a�. 'in accordance with Chap. bit.
,3f the Aots of 1958.
1oN CO,e!
z conservatimcomiTlissim
Salem. Massachusetts 01970
'A 'ASS
TO: Conservation Commis ion Members
FROM: Kathy Winn, C nvation Administrator
SUBJECT: April 26 0 Agenda
P g
There are no public hearings scheduled for this week' s
meeting.
-Peter LaChapelle will be present to request an Extension
Permit to an Order of Conditions issued by the Commission to
Pioneer Village in July 1986 . The Order approved the applicant ' s
request to harvest phragmites in the Forest River Conservation
Area for use in thatching roofs . This procedure is conducted
annually ; the Order of Conditions expires next July .
Robert Gauthier is tentatively scheduled to appear to request
a Certificate of Compliance for Tedesco Pond Place (DEP 64-133 ) .
• The Commission issued an Order of Conditions for this project in
June, 1986 which requires that as-built plans shall be submitted
prior to issuance of a Certificate . It is expected that the
applicant will submit the plans at Thursday ' s meeting .
The public hearing regarding Salem Hospital ' s proposed
parking lot was closed at the last meeting. Attached is a draft
set of Special Conditions . Please review and revise in
preparation for a vote at this week' s meeting.
Betsy Horne, the Commission ' s newest member, will. be in
attendance at this week ' s meeting. By way of introduction, I 've
attached Betsy ' s letter of appointment .
Finally, please note that DEP has already scheduled a site
visit in connection with •Joyce Salvo' s appeal fo the Commission ' s
decision to deny her recent application . The site visit is
scheduled for 9 : 00 a.m. on Wednesday, May 9, 1990 .
D523
•
SALEM CONSERVATION"COMMISSION
• MINUTES OF MEETING
APRIL 26, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 26, 1990 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, George Ahmed, Fred Harney,
John Bleiler and Betsey Horne. Also present were, Conservation
Administrator Kathy Winn, Debra Hurlburt of the Planning Dept. ,
and Eileen Sacco, Clerk.
Chairman John Vallis called the meeting to order at 7:30 P.M.
Chairman Vallis introduced and welcomed Betsey Horne, newly - -
appointed to the Commission by Mayor Harrington.
REQUEST FOR CERTIFICATE OF COMPLIANCE - ROBERT GAUTHIER - TEDESCO_
POND PLACE
The request for a certificate of compliance for Tedesco Pond
Place was postponed to another date.
ORDER OF CONDITIONS - SALEM HOSPITAL
• John Bleiler recused himself from discussion of this matter.
Attorney John Serafini Jr. addressed the Commission on behalf
of his clients Salem Hospital. He noted that he had reviewed
the list of special conditions drafted by the Planning Department
and noted that they were similar to the draft submitted by Gulf
of Maine Research Inc. with no substantial differences.
Atty. Serafini referred to items one and ten of the Planning
Department draft. He requested that the word "substantial" be
added after the word "any" no item number one ( 1 ) , noting that
he felt that there was no need to go before the Commission for
every minor change in the plans.
John Vallis suggested that item #1 be changed to read "All work
shall conform to the above referenced plans, and final specs
shall be filed with the Planning Department prior to the
Commencement of Construction. Any changes made or intended
to be made shall require the applicant to notify the Conservation
Commission to determine if the change is substantial, and if
found to be substantial the Commission may require that a new
Notice of Intent be filed.
George Ahmed asked who the responsible party would be. Atty.
Serafini stated that the owners, Salem Hospital would be the
responsible party.
• The Commission discussed the two drafts of Special Conditions
and the following is the agreed upon set of Special Conditions:
,
Special Conditions -Salem Hospital Parking Lot
1 . All work shall conform to the above_-referenced plans and
those final specifications which shall be filed with the
Commission prior to construction. Any change made or intended to
be made in the approved plans shall require the applicant to
inquire of the Conservation Commission as to whether the change
is substantial enough to require a new filing. If the
Conservation Commission determines the changes to be substantial ,
the Commission can require the applicant to file a Notice of
Intent .
2 . Prior to commencement of construction activity, a haybale
barrier shall be placed downgradient of construction to prevent --
siltation of the adjacent wetland. Haybales shall be anchored
with stakes and entrenched 4 to 6 inches in depth . Trench
material shall be deposited on the upgradient side of the haybale
barrier. Haybales shall be inspected daily and those showing
signs of deterioration shall be replaced immediately . The
haybale barrier shall remain in proper functioning condition
until all disturbed areas have been stabilized.
3 . Any additional erosion and sedimentation control measures
deemed necessary by the Commission shall be instituted by the
• applicant . Any siltation caused onto any wetland or waterway
areas shall be promptly reported to the Salem Conservation
Commission and such areas restored to the satisfaction of the
Commission.
4 . During construction, all debris, fill and excavated material
shall be stockpiled more than 100 feet away from designated
wetlands, at a location to prevent sediment from surface runoff
entering wetlands .
5 . A paved berm shall be installed around the perimeter of the
parking lot to contain and direct the flow of water to catch
basins .
6 . All catch basins and pipes shall be fitted with oil and gas
traps , and all catch basins, manholes and pipes shall be
maintained in good hydrologic condition and be kept free of
litter, refuse or other extraneous matter. A letter stating that
said annual cleaning and maintance has occured shall be filed
with this Commission annually .
7 . Servicing of equipment must be done outside the Buffer Zone
to the resource area . Equipment must be maintained to prevent
leakage or discharge of pollutants . Overnight storage of
equipment must be 100 feet from the wetland boundry .
• 8 . Use of rock salt ( sodium chloride ) or other toxic de-icing
chemicals on paved areas is prohibited and any arrangement for
snow removal shall so stipulate.
Members and agents of the Salem Conser5tation Commission shall
ave the right to enter and inspect the premises at all
reasonable times to evaluate compliance with the conditions
stated in the Order, and may require the submittal of any further
and additional data deemed necessary by this Commission for that
evaluation.
10 . Upon completion of the project, the applicant shall submit
with their request for a Certification of Compliance, and
affidavit prepared by a professional engineer or land surveyor
duly registered in the Commonwealth of Massachusetts, stating
that the site has been developed in accordance with the
requirements of this Order of Conditions and the referenced site
plan.
11 . Notice shall be given to this Commission no more than two
( 2 ) weeks nor less than two ( 2 ) days prior to the commencement of
any construction activities . Said notice shall include in
writing, the name( s ) , address (es ) , business and home phone
numbers of the project supervisor (s ) who will be responsible for
insuring performance of all sedimentation and erosion control ,
buffer zone alterations, and drainage system installation.
12 . All disturbed soils shall be immediately and similarly
re-vegetated upon completion of construction activities or shall
�e mulched until the next growing season.
13 . Any proposed headwalls with pipes shall be fitted with a
protective barrier approved by the Commission . These headwalls
shall be kept free of any obstructions to the flow of water.
14 . During and after work on this project, there shall be no
discharge or spillage of petroleum products or other pollutants
into any wetland resource area or land within the Buffer Zone .
15 . There shall be minimal pruning and no removal of any buffer
zone or wetland vegetation downgradient of the northern-most
limit of workline, as delineated by the staked haybale line, on
the above-referenced plan.
16 . This Order shall apply to any successor in control or
successor in interest of the property described in the Notice of
Intent and accompanying plans .
D524
•
Fred Harney asked if any gravel would: be brought on site for
the project. Dr. Hugh Mulligan stated that he thought that
there would be enough on the site and that no additional gravel
should be required.
George Ahmed asked if there were any plans to replant any of
the trees removed for construction. Dr. Mulligan stated that
there were no plans to replant the trees and noted that it would `--
be difficult to replant the trees.
There being no further questions concerning this matter, a motion
was made by George Ahmed to approve the Order of Conditions
for Salem Hospital and 16 Special Conditions, including some
of the language from the conditions submitted by gulf of Maine
Research Inc. , seconded by Fred Harney and approved unanimously.__
REQUEST FOR EXTENSION PERMIT FOR PIONEER VILLAGE
The request for the extension of the permit for Pioneer Village
was rescheduled for another meeting.
OLD/NEW BUSINESS
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission concerning the dirt pile at the Gibbs Oil Project.
He noted that there has been no activity regarding the pile,
• adding that the pile had been uncovered and recovered and he
had been made aware that the pile was uncovered again.
Dr. Mulligan stated that he had been trying to reach Dennis
Field the project manager for Gibbs Oil, but he had not returned
his calls. He further noted that he is concerned about the
stability of the sea wall, citing other instances in the area.
John Vallis suggested writing a letter to DEP noting the
seriousness of the matter. Kathy Winn noted that the Commission
has sent a letter to DEP and has received no reply as yet.
John Vallis stated that they should be notified to cover the
pile and attend the next meeting to discuss the situation.
Dr. Mulligan noted that the project was approved on an emergency
basis and he felt that the situation had gone beyond the status
of an emergency.
John Vallis noted that the Commission authorized temporary
storage of the pile and that maybe an enforcement order should
be issued. Kathy Winn noted that until the State responds to
the letter we won' t know what the problem is.
John Vallis suggested sending a letter to them ordering them _
• to cover the pile and attend the next meeting to discuss the
situation.
PEABODY STREET
• Dr. Mulligan informed the Commission that the tanks have not
been scheduled for removal and that they should be ready to
file a Notice of Intent soon.
MCKINLEY ROAD
Commissioner Fred Harney, John Bleiler and Bob Crowley attended _-
a site visit to McKinley Road concerning the dumping of wood
chips in the area by the City of Salem.
Fred Harney reported that they are dumping the wood chips neatly
- and that there is no sign of any other dumping in the area.
He noted that there are logs in place to prevent entry.
John Bleiler reported that the dumping is close to encroaching
on the wetlands. He also noted that there is no malicious
activity taking place and suggested that they maybe dump a few
more truck loads to stabilize the area and that should be it.
He also noted that there is a garden on conservation land in
the area.
John Vallis suggested having the neighbors come in and specify
areas that need to be shored up and discuss the matter.
NEW BUSINESS
• Kathy Winn informed the Commission that DEP would be holding
a site visit on May 9, 1990 at 9:00 A.M. on Pierce Road
concerning Joyce Salvo's appeal.
Kathy Winn also informed the Commission that DEP has scheduled
a site visit for Wednesday May 16, 1990 on Howley Street/R Boston
Street, which is Michael Harrington's project.
Kathy Winn informed the Commission that she had received a report
of illegal dumping on 22 Clark Avenue. She showed the Commission
pictures of the lot and noted that the assessors map showed
the vacant lot as being owned by Mr. Hewitt. She stated that
when she contact Mr. Hewitt he told her that he had given the
land to the City.
John Vallis suggested that the Commission should proceed on
the basis that he owns the property, and invite him to the next
meeting to discuss the matter.
John Bleiler suggested that the Commission should visit the
site before the next meeting so as not to drag it out. John
Vallis suggested meeting there on May 9, 1990 at 8:30 A.M. ,
before the site visit on Pierce Road.
• Motion made by John Bleiler to issue a cease and desist order
for 22 Clark Avenue, seconded by Bob Crowley.
George Ahmed suggested having Mr. Hewitt- come in before the
• order is issued, and if he does not respond then get tough.
John Vallis stated that the order onlq prevents the dumping
and Mr. Hewitt will get the chance to present is views to the
Commission at the next meeting.
There being no further discussion on the matter, a vote was =
__ --- - - — -- --- -- - -- - -- vow---- - ---- - --
-
(4- t .a -4tu 4 . OM4 -
-a =- - -
SALEM CONSERVATION COMMISSION
MINUTES OF BOARD MEETING
MAY 10 , 1990
A u
_eg
_ar meetingof the Salem Conservation Commission was held
on Thursday, May 10 , 1990 at 7 :30 P.M. in the second floor conference
room at One Salem Green.
Present were : John Vallis , Richard Femino , Robert Crowley ,
Fred Harney, George Ahmed, 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.
• CPUBLIC HEARING:TOWN'OF'MARBLEHEAD—AND-MWRA•-7
A continuation of the public hearing for a limited testing period
to determine potable water at the Leggs Hill pond which is owned
by the town of Marblehead. Fred Harney recused himself from
the matter .
Fred Brandon of the Massachusetts Water Resources Authority
addressed the commission . The proposed testing o. the ground
water supply in Salem includes plans for an eignt foot test
well located one hundred feet from Leggs Hill . Water will be
pumped from the aquifer for five consecutive days in order to
determine the feasibility of the location as a secondary water
supply for Marblehead and the impact on the pond. Mr. Brandon
stated that the MWRA ' s objective is to maximize the use and
protection of water supplies . The Marblehead Water and Sewer
Commission has been authorized through a town meeting to purchase
an additional site adjacent to the pond to protect the water
supply if the site is determined to be feasible .
IEP , Inc . was retained to perform an environmental assessment
of the site . Nancy Palmstrom of IEP said the she evaluated
the site by rowboat where depth measurements were taken. Information
was regarding the pond' s gathered from the Massachusetts Natural
Heritage and Endangered Species Program, the DEP Division of
Water Pollution Control, and the Division of Fisheries and Wildlife .
• Based on SEA ' s estimate of a maximum drawdown of seven inches
there would be little impact on the shore line according to
Ms . Palmstrom. A one to four inch drawdown would have no negative
Page 2 of 10
Minutes of Conservation Commission Meeting 5-10-90
impact on the fish in the _pond and there are no rare species
'rnown to this pond.
John Vallis asked about the noise of the pump engine . Fred
Brandon replied that a six foot barrier of hay bales would be
placed between the generator and the nearby houses at least
three or four feet from the generator . He stated that this
method of noise reduction has worked well in past instances
that were similar to this project .
Richard Femino asked what type of testing were performed. Nancy
Palmstrom replied that there were no plankton and limited algae
due to the dense vegetation. Visual observation and depth soundings
along with the historical informations gathered were used .
The maximum depth of the pond was found to be approximately
ten and one half feet at the southeast corner . Mr . Femino asked
when the pumping would be scheduled . Mr . Brandon replied that
the best time would be June or early summer .
Doug Reed of SEA said that a vertical turbine with an eight
inch shaft would be placed one hundred feet from the pond with
water table reading eq_uipmen. There would be five days of testing
performed. Richard Femino was concerned about the oxygen exchange
• between layers . Doug Reed said that there would be two well
points between the pond and the aquifer .
John Vallis expressed concern over a paragraph in the letter
submitted from Nancy Palmstrom of IEP to Fred Brandon of MWRA
and asked about the sunfish and their spawning habits. He referred
to page two paragraph four of the letter and the worst case
scenario excluding any underground recharging. Nancy Palmstrom
stated that the sunfish is similar to the blue gill and spawns
somewhere between one and three feet of water . John Bleilor
asked if unable to spawn at a certain time if the fish would
respawn later and what were the chances of them abandoning their
brood. Ms . Palmstrom said that sunfish are very prolific and
spawn several times between May and August . There would be
minimum impact with a test of this magnitude and legth.
John Bleiler asked about the turtle population of the pond .
Ms . Palmstrom observed only common pond turtles .
John Vallis read a letter from the Marblehead Conservation
Commission and abuttor Vernon Tremblay . These letters as well
as any others that the Commission has received regarding the
matter will be made a part of the May 10, 1990 minutes .
Doug Reed stated that if the testing shows that the site would
• be a good secondary water supply, then a well pumping station
with a small treatment facility with underground piping would
be planned with only one or two small structures visible would
Page 3 of 10
• Minutes of Conservation Commission Meeting 5-10-90
be planned. Mr . Reed stated that the equipment would be enclosed
and sealed to reduce any noise.
John Vallis asked what the maximum drawdown on any one of the
five days would be. Doug Reed responded that it would all depend
upon the aquifer response . His estimate was about six inches .
There is a possibilty that the drop could occur quickly the
first day and within three days it would be much smaller. Mr. Reed
anticipates a slow drawdown. John Vallis asked for specifics .
Mr . Reed said that it would not exceed six inches in any one
day. John Bleilor asked if it would be reasonable to add that
the drawdown would be no more than twelve inches in the five
days. Doug Reed answered that this would be reasonable.
John Vallis asked for neighbors to voice their concerns .
Bob Marsilia of 19 Linden Ave . said that the slope of the pond
is steep but that the fish spawn in the shallow end of the pond
near the Savage and Tremblay property lines . Mr. Marsilia contended
that a six inch drawdown would have a big impact on the pond.
He stated that he had seen no more than a six inch arawaown
in a week' s period.
• John Vallis stated that he was aware of extensive water seepage
in a broken pipe and that some nearby homes had experienced
foundation cracks . Roger Bouchard of 17 Linden Ave . stated
that his house was listing at the present . Mr . Marsilia
said that his concern was the amount of change to the pond and
the suddeness . John Vallis replied that the only issue before
the board was the initial testing.
Jim Kiernan of 21 Linden Ave. asked about the issue of liability
concerning the testing and any possible resulting damage. John
Vallis replied that if the Town of Marblehead exceeded the
specifications within the test ' s parameters . Mr . Savage of
15 Linden Ave . questioned liability if the tests were performed
as per the conditions and there was still damage and asked who
would be responsible if the tests cause damage to the nearby
homes . Mr . Vallis replied that he had not said that there is
no liability. Mr. Savage stated that he supports Marblehead ' s
project but wants protection.
Wilbur Bass the Chairman of the Marblehead Water and Sewer Commission
said that he would have an insurance appraiser look at the properties
before the testing if the residents wanted. Mr . Bass also stated
that this would be to determine whether any damage would have
been caused by the testing that he was not accenting liability.
• Rosemary Collins of Marblehead stated that the Conservation
Commission should be concerned with wetland issues and not
iiabiiity.
• Page 4 of 10
Minutes of Conservation Commission Meeting 5-10-90
Mr . Savage said that the land is conservation land as well as
the site of a potential well . The wetlands issue and the personal
property issue cannot be divorced. He also stated that he would
have serious objections if the town were to be held harmless.
Ms . Collins restated that Marblehead had offered to survey the
homes and that the tests were only to check the site to determine
if it is a viable aauifer . Mr . Savage said that he was stili
seeking assurance on the liability issue.
John Vallis said that the question of liability is not before
the board . The neighbors have the right to appeal and should
consult with their own personal attorneys on further liability
questions . Mr . Marsilia asked if the liability issue could
be made a part of the order of conditions . Mr . Vallis replied
that it would not be made a part of the order . Mr . Marsilia
asked if Marblehead could be required to provide a survey of
the neighbors ' property , and Mr. Vallis replied that this could
be added to the order of conditions . Mr . Savage wanted to add
a condition concerning compensation in the event of damage ,
but Mr . Vallis answered that this could not be added to the
conditions.
Mr . Bass stated that if the water in Vinnin Square near the
• Stop and Shop were contaminated then since it feeds into the
pond, it too would be contaminated.
Richard Femino asked how the problems with spawming and the
shallow end of the pond could be alleviated . Ms . Paimstrom
answered that by June most fish will have spawned already .
Also the species spawns several times so that one missed spawning
period would not be a great problem.
Mr . Marsilia stated that the abuttors wish to be notified of
any further hearings or continuances . John Vallis answered
that this meeting was a continuation of the last Public 'nearing.
The continuation was announced at that time.
Mr . Vallis asked if there were any other concerns of the neighbors.
A concerned person in attendance asked about the noise level
and the adequacy of hay bales . John Vallis asked if the hay
bales would be all around the generator . Mr . Reed replied that
they would be around three sides and that this is more than
the minimum that would be required. The engine would be equipped
with a muffler as well .
Mr . Brandon stated that in a similar circumstance in Dover at
the Elm Bank_ aquifer near the Charles River the bales worked
well .
• Mr . Marsilia asked if there would be a clerk of the works at
the site daily . Mr . Vallis said that a clerk could be made
• Page 5 of 10
Minutes of Conservation Commission 5-10-90
a part of the conditions . Mr . Marsilia said that he and some
of the other neighbors give the Conservation Commission members
permission to enter their property in order to perform site
visits and inspections .
John Charkress said that the MWRA will make its decision on
whether to proceed based on the scope of the order of conditions .
He stated that the test will cost approximately sixty thousand
dollars . Mr . Charkress wanted the board to give a sense of
what they would consider a reasonable drawdown amount. He maintained
that it was not their intention to cause a lot of grief nor
waste the taxpayers ' money if it is apparent that the commission
would not approve the project . Mr . Vallis replied that he
appreciated the comments made and that the board would give
its comments once the Public Hearing is closed.
Richard Femino stated that he would be concerned if the level
droDDed between seven inches and one foot . He is also concerned
with any increase or decrease in the oxygen level of the water
and any environmental impact this would have . He would also
like the test to be done at different water levels.
Mr. Marsilia said that in the summer there is a long green string-
like plant that grows in the pond . With evaporation the top
of the pond is covered with algae which does clear , but he was
concerned that pumping operations would exacerbate the probiem.
Nancy Palmstrom said that there is a large population of exotic
weeds associated with a utrophic productive pond which provide
nutrients . Ms . Palmstrom said that long term the pond would
reach a new balance and that the pumping test would have no
direct impact on the weed.
Mr . Kiernan said that it has been over forty years since the
area has been tampered with and that there are over forty houses
at or near pond level . Mr . Kiernan was concerned that if the
order of conditions is approved no one knows what will be in
store for the area in the future. He asked that the board approve
an order of conditions with a very small plus or minus margin
of change.
A person speaking for Marblehead reminded Mr. Kiernan that this
land in question is not conservation land but land owned by
Marblehead.
Richard Femino moved that the Public Hearing be closed. John
Bleiler seconded the motion , and the vote was unanimous . John
Vallis declared the Public Hearing closed.
• John Bleiler asked if the twenty-one day requirement was not
reauired in this case . John Vallis replied that it did not
• Page 6 of 10
Minutes of Conservation Commission Meeting 5-10-90
unless something caused the cancellation of the next board meeting
scheduled for May 24 , 1990 . Richard Femino said that he was
in favor of the testing with conditions for the protection of
the neighbors . We would like the tests timed and the oxygen
level monitored.
John Vallis said that he agreed that the Town of Marblehead
is entitled to test the water but that the area and the Salem
neighbors should be protected by an order of conditions. Mr. Vallis
stated that the board has the option of voting to issue an order
of conditions and additional special conditions can be attached
at the next meeting . In this way the commission would not be
forced into devising a hasty order of conditions .
George Ahmed asked if the commission could request that the
Town of Marblehead and its Conservation Commission to submit
any conditions . John Vallis replied that this would be asking
a lot of Marblehead and that it would not be appropriate. George
Ahmed said that where they had sent a letter they should extend
themselves . John Bleiler responded that Salem could request
an order of conditions but not require it . John Bleiler asked
about a waiver from the applicant for the twenty-one day require-
ment . Mr . Vallis said that the commission should pursue that
• since there is some severe weather expected within the next
few days. He stated that it is customary ,that the Monday following
a meeting that the order of conditions be issued. He said that
this would make it no later than the first meeting held in June
which would be June 14 , 1990.
Mr . Reed stated that they would like to test in July. Mr . Vallis
said that this would be possible since winter is the only critical
time . George Ahmed asked if there would be more testing. Mr. Reen
replied that there is only one test required . John Bleiler
asked that the Salem Conservation Commission be sent a copy
of the test results .
John Bleiior moved that an order of conditions be issued by
the first regularly scheduled meeting in June of 1990 . Richard
Femino seconded that motion, and the vote was unanimous .
John Vallis requested a waiver of the twenty-one day requirement
for the issuance of an order of conditions no later than the
first regularly scheduled meeting in June 1990 . Fred Brandon
waived the twenty-one day requirement . Mr . Vallis said that
an order with special conditions should be available at the
May 24 , 1990 meeting . At that time the order can be ratified
and any additional special conditions can be added . George
Ahmed asked that if anyone had any input for the conditions ,
• that they submit it to the Conservation Commission before that
time for consideration. John Vallis also directed that a letter
be sent to the Marblehead Conservation Commission as well .
• Page 7 of 10
Minutes of Conservation Commission Meeting 5-10-90
Fred Harney rejoined the meeting.
REQUEST'FOR _EXTENSION OF-PERMIT-FOR PIONEER-VILLAGE.T
Peter LaChavelle of the National Park service has requested
an extension permit for Pioneer Village. William Cahill appeared
before the board on the matter of re-
thatching the roof of some of the buildings a the Pioneer Village
site . There has been previous patching and repair done . At
that time thatching materials were cut from the area behind
Dube' s restaurant .
John Vallis asked if fragmites and purple loostrife were used
as well as the cattails . Mr . Cahill replied that they were
used as well but that cattails were the main material used .
Kathy Winn asked how ofted re-thatching a roof must be done .
Mr. Cahill replied that this would be one of the last sections
done and that as a rule it is done about every sixty years .
John Bleilor noted that the order of conditions had expired
and cannot be legally extended because the DPE would send it
back . Mr . Cahill should have applied before the expiration .
• Kathy Winn said that since no work was done last year the three
year order wasn ' t extended . She asked when the work would be
done . Mr . Cahill said that it would be within the next month.
George Ahmed asked whether an emergency order could be issued.
Kathy Winn said that the order could be extended retroactively.
and since it was due to a clerical error it would be the Conservation
departments responsibility to rectify it . The order is previously
dated to expire on June 24 , 1989.
George Ahmed moved that the permit be extended for an additional
five years subject to special circumstances and being limited
to maintenance purposes only with no new construction and that
all harvesting is to be done at various locations on land under
the Conservation Commission' s jurisdiction. John Bleiler seconded
the motion, and the vote was unanimous.
OLD BUSINESS
John Charkress of the MWRA asked to address the board regarding
the previous Public Hearing on pond testing . He stated that
there was no pond there forty years ago and questioned whether
pumping water from the site would dry the pond out . Mr . Vallis
stated that the pond has changed dramatically in the last fifteen
to twenty years , but that testing was important in order to
determine the future of the pond . Mr . Charkress said that the
• plant would not be built if it is not feasible . He questioned
if the well was located more than one hundred feet from the
pond if the matter would still fall under Conservation Commission
• Page 8 of 10
Minutes of Conservation Commission Meeting 5-10-90
jurisdiction. Mr . Vallis answered that it would . Mr . Bleiler
added that the Commission is responsible for any matters which
affect groundwater as well .
Kathy Winn brought up the matter of Mr . 'Hewitt of 22 Clark Street.
He has installed a fence and posted it against illegal dumping
and there is a line of staked 'nay bales . George Ahmed asked
if this was a barrier to nrevent further dumping . Ms . Winn
said that a cease and desist order was sent but Mr . Hewitt has
not responded to that nor to her calls . Mr . Vallis suggested
that the board reauire him to attend the next meeting regarding
the enforcement of the order . George Ahmed agreed and stated
that since access to the property cannot be gained , further
damage to the wetlands cannot be gauged . Mr . Ahmed suggested
legal action if Mr . Hewitt does not appear before the board .
Mr . Vallis instructed Ms . Winn to call Mr . Hewitt again, and
Mr . Ahmed said that all calls should be documented.
At the last meeting a letter from the DEP to Hawthorne Cove
was read regarding the fact that they were not in compliance
by lack of a waterways license . They are now in compliance.
Kathy Winn presented a letter and pictures received by certified
• mail from Leo Pelletier and Mr . & Mrs . John Ellis detailing
activity on the Bertini property . The letter also refers to
trees that are supposed to be replaced as per the order of conditions
but have not been. The matter is still under a cease and desist
order which supercedes the order of conditions . Mr . Vallis
indicated that it would not be appropriate to act upon the matter
while it is still under appeal . If the matter were not under
appeal then the commission would have jurisdiction and the matter
could be acted u_non. The commission must wait until after the
appeal process . They would then have three years in which to
comply.
Junior ' s Auto Body has left the area but another garage has
replaced it . According to the complaint there is a dumpster
within the buffer zone and they are in defiance of the cease
and desist order and are polluting the wetlands . There is oil ,
grease and debris in the area of the dumpster.
Upon inspection of the photographs , John Vallis agreed that
it did appear that there was a violation. Kathy Winn said that
the matter has been under appeal for about one year . George
Ahmed asked that the four photographs and the letter submitted
be made a part of the file . Kathy Winn stated also that since
the Conservation Commission placed a cease and desist order
and the matter is under appeal the matter then the Conservation
• Commission cannot yet cancel the cease and desist order . John
Vallis nointed out that the commission could revoke the order
of conditions and report the violations to the DEP or inform
• Page 9 of 10
Minutes of Conservation Commission Meeting 5-10-90
Mr . Bertini that he is in violation of the order of conditions .
He suggested a telephone call to the DEP to explain the nature
of the problem and inquire about the proper procedure.
John Bleiler addressed the board regarding representation of
the board. He suggested that the board speak with one voice .
George Ahmed agreed and said that whatever the majority of the
board feels should be what is represented no matter what the
individual feeling of the member . John Vallis said that while
speaking on behalf of the commission any member should speak
in favor of the decision made by the commission.
John Vallis turned the chair over to Richard Femino and temporarily
left the meeting.
The matter of Mr . Lovely was brought before the board under
old business as well . George Ahmed said that the cease and
desist order is still in effect . He stated that the site should
be backhoed to correct the slope . John Bleiler asked to what
point it should be corrected . Mr . Ahmed replied approximately
three to four feet . John Bleiler added that since the board
could not really specify a grade perhaps it should be worded
that the area should be returned to the condition that it was
• in back in 1988 .
Kathy Winn informed the board that Mr. Emmerton' s attorney would
be attending the next meeting.
On the matter of the pier project , Ms . Winn stated that the
City Council did not think that Gary Moore ' s suggestions were
appropriate . In the matter of the General Management Plan of
the Derby Wharf/Central Wharf area, the Commission should inform
the National Park Service of any concerns by letter. The National
Park Service will keep the Commission apprised of the situation.
On the matter of the area behind the Gibb ' s station on Derby
Street , John Bleiler recused himself from the matter . Kathy
Winn reported that the pile of debris had a torn tarp . She
has also received a letter from John Fitgerald of the DEP which
stated that the DEP is satisfied with the effort that the owner
is making and that the matter is under DEP jurisdiction . George
Ahmed said that., the Conservation Commission should consider
taking the DEP to court if the matter is not expedited . He
asked that Kathy Winn call the DEP again.
John Vallis returned to the meeting .
The Salem Partnership has established a sub committee. Regulations
• will be formulated and sent through the Partnership and the
Mayor ' s office.
• Page 10 of 10
Minutes of Conservation Commission Meeting 5-10-90
The "North Shore Sunday" contacted John Vallis regarding Jay
Moore ' s letter concerning the tidal gates at the Lead Mills .
There were two gates down causing an eddying effect . The
newspaper wanted to know what action the Conservation Commission
was taking in the matter . George Whittie had the gates manually
pulled up , but apparently the situation had gone on all winter .
Mr . Vallis suggested that the Commission recommend to the Mayor
that the City follow Dr . Moore ' s schedule for operation of the
tidal gates .
Richard Femino asked if this would cause a problem with extra
overtime for the City crew in the administration of the schedule .
Kathy Winn answered that Mr . Whittie had indicated that there
would be no problem since he has people on twenty-four hours
a day. Mr. Vallis said that the "North Shore Sunday" was concerned
that just the wishes of a few people for their own personal
enjoyment were being considered . He said that since there is
a public Dark off of Monroe Street that the matter was of more
public concern . Mr . Vallis also said that the Commission can
only make suggestions and recommendations to the Mayor since
ultimately the decision is his . City Solicitor Kevin Daley
was consulted by the Commission four weeks ago . John Bleiler
asked that he be contacted again since he has not yet responded.
He also noted that the use of the gates has changed over the
years from flood damage prevention to recreational use. Richard
Femino felt that using the gates in this new way was wrong .
John Bleiler agreed with Mr . Vallis that the Commission should
strongly suggest that if the gates must be opened then Dr . Moore ' s
schedule should be adhered to . John Vallis recommended that
the Commission get something in writing from the City Solicitor
first .
MINUTES OF APRIL 26 , 1990 MEETING
The minutes of the April 26 , 1990 meeting were presented for
approval .
Robert Crowley moved that the minutes of the April 26 , 1990
Conservation Commission meeting be approvea as given . Richard
Femino seconded the motion, and the vote was unanimous .
There being no further business before the board, a motion was
made by George Ahmed to adjourn the meeting at 10:00 P.M. Richard
Femino seconded the motion, and the vote was unanimous .
Respectfully submitted by:
•
Debra A. Tucker , Acting Cleric
° C �021cOmmissim
• Salem. Massachusctts ,01970
yAssnCN�.
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will hold its
regular meeting on Thursday, May 24, 1990, at 7:30 p.m., One Salem Green, second
floor conference room.
John G. Vallis
Chairman
• Tentative Agenda:
1. Public Hearing - Notice of Intent by Kernwood Country Club
2. Order of Conditions - Town of Marblehead/MWRA n 1i
3. Discussion: Story St./Cleveland St. - Attorney Jack K 1t , Attorney John Crean
4. Old/New Business
5. Approval of Minutes
M1WP
.chis notice postea on °Official Bulletin Board"
City Hall Ave. , Salem, Mase. on may aai/99Q
at 3 ! 3i Odin accordance with Chay. 626.
of the Acte of 1958. 1- y�
+ I
• Special Conditions MWRA/Town of Marblehead
Five Day Pump Test
1 . All work shall conform to the above-referenced p4,axs . ny
change made or intended to be made in the approved plans shall U
require the applicant to inquire of the Conservation Commission
as to whether the change is substantial enough to require a new
filing.
2 . During operation of the pump test, the drop in water level of
Leggs Hill Pond shall not exceed a total of six inches within a
twenty-four hour periodpor a total of twelve inches over the
entire five day test period . Testing shall be terminated
immediately if the drop in water level exceeds the5spe�oi',f ' d �cqRj
levels . For the purpo e of measuring drawdown, the i ater& il•-�`
the pond shall be �@l at the time of the start of the pump UU
test , txl'kA, Kud Rw (2e wOULdc'D W (Cw 61" Cov Q K� t( U-J
3 . Prior to commencement of the test, a six foot barrier of r
haybales shall be placedthree to four feet from the generator and
shall surround the generator on�three sides, in order to mitigate
excessive noise . (c t� (ctub4 kut
l u
4 . To gaterrti-al impacts to wildlife species, the pumping
test shall be conducted during spring, summer or fall months
only .
�� ,�,�,�,�Q �/�✓
• 5 . Prior to commencement of the test, hayb>dd'
s hall be
installed in an amount and manner that will fuse pump
discharge in order to prevent erosion of thordering vegetated
wetland area . 1C �.0 ��LC (A (2e Ikij��uafi� L�' ((.Af' P_(�Cd� .) p�`�,��'�tt�'°
C� y /� r �l�c�A ld �e 610(trl.lS�l%c ?6 ' �Nk poa tsSC
6 . Servicing of equipment must be done outside the buffer zone
to the resource area . Equipment must be maintained to prevent
leakage or discharge of pollutants . Overnight storage of
equipment must beV100 feet from the wetland boundary .
Lu lw K'L-a'
7 . Members and agents of the Salem Conservation Commission shall
hav right to enter and inspect the premises at all
reasonable times to evaluate complaince with the conditions
\ �y1 stated in th�SOrder, and may require the submittal of any further
c�Ny�1A' data deemed necessary by this Commission for that evaluation .
S . Notice shall be given to this Commission no more than two ( 2 )
weeks nor less than two ( 2 ) days prior to the commencement of
activity . Said Notice shall include the name (s ) , address ( s ) ,
business and home phone numbers of the project supervisor ( s ) who
will be responsible for insuring that operations are in
compliance with this Order .
9 . Upon completion of testing, the applicant shall submit with
• their request for a Certification of Compliance, an/ affidavit
prepared by a professional engineer duly registered in the
Commonwealth of Massachusetts , stating that work was done in
compliance with requirements of the Order of Conditions and. the
referenced site plan ,/,
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•
- -
__ _-
C
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
MAY 24, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday May 24, 1990 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, Fred Harney, and Betsey Horne.
Also present were: Kathy Winn, Conservation Administrator,
Debra Hurlburt, and Eileen Sacco, Clerk.
The meeting was called to order at 7:30 P.M. by Chairman John
Vallis .
PUBLIC HEARING - KERNWOOD COUNTRY CLUB - NOTICE OF INTENT
Paul Summer of Summer Environmental Technologies addressed the
Commission on behalf of his clients, Kernwood Country Club.
He explained that they intend to remove a sand trap and do some
regrading and delineation of a green at the Golf Course. He
stated that they would use siltation erosion control measures
• to protect the area during the changing of the green. He further
noted that they would rapidly seed the green and maintain it
intensively.
John Vallis asked why the project was being done. Martin
Goldman, President of Kernwood addressed the Commission and
stated that they were redoing the green to make it larger and
it is alternatively located to be more aesthetically interesting.
George Ahmed asked if they would be removing any trees for the
project. Mr. Summer stated that what is there now is small
scrub oak and one birch tree which they are attempting to retain
in the area. ,
Fred Harney asked how the construction vehicles would access
the area. Mr. Summer stated that there is a golf cart path
and an existing service road that would be used so that no
vehicles would be on the wetland side of the tee or green.
John Vallis asked if the runoff in the area would be affected.
Mr. Mello stated that the runoff would change towards the
fairway.
George Ahmed asked if when the project is completed there would
be any negative impact on the area. Mr. Summer replied that
• there would be no negative impact.
1
• John Bleiler asked if any of the proposed work was staked out,
and suggested that the Commission make a site visit to the
property.
John Vallis agreed that a site visit was in order and asked
Mr. Summer if the area could be staked before the site visit.
Mr. Summer stated that the area could be staked for the visit.
Motion made by John Bleiler to continue the Public Hearing until
the next meeting of the Commission pending a site visit, seconded
by Bob Crowley and approved unanimously.
It was decided to hold the site visit on Saturday, June 2, 1990
at 9:00 A.M.
ORDER OF CONDITIONS - TOWN OF MARBLEHEAD/MWRA - FIVE DAY PUMP
TEST
Fred Harney recused himself from discussion of this matter.
John Vallis discussed the proposed special conditions for the
Town of Marblehead/MWRA Five Day Pump Test. He noted that the
Public Hearing was closed at the last meeting of the Commission
and the time frame waived.
• Chairman Vallis reviewed each condition and discussed them with
the Commission.
Doug Reed of SEA Consultants stated that there is an outside
chance that the test could take longer than five days to
complete, but that they would not know that until the test
begins. He asked if they would need to come before the '
Commission should the test go beyond five days.
John Bleiler questioned if knew that they test could take longer
during previous discussion of the project or if this was new
information. Mr. Reed stated that the DEP regulations state
that it is a five day test or until stabilization is reached.
John Vallis stated that they should try to schedule the pump
test during a period when the Commission would be meeting should
they need to request additional time to complete the test.
John Bleiler noted that the discharge area should be noted on
the plans and that they should be submitted to the Conservation
Commission prior to the start of testing. He also suggested
that a copy of the results of the pump test should be given
to the Commission.
John Bleiler suggested that a condition should be added that
• staked hay bails shall be placed down gradient of the pumping
station.
2
John Vallis stated that he would like to see something about
the pretest surveys that should be done on the homes in the
area. Mr. Reed stated that the scope of the survey had not been
determined as of yet but they would notify the Commission when
it is.
Dana Snow from the Marblehead water and Sewer Board stated the
Town was willing to do the surveys for its protection and to
satisfy the neighbors concerns. John Vallis suggested that
when the surveys are complete the results should be sent to
the Conservation Commission prior to testing. He suggested
adding a condition that stated copies of the results of the
pre and post testing shall be provided to the Salem Conservation
Commission for survey inspections of 15, 17, 19, 20 and 21 Linden
Avenue.
George Ahmed asked how soon after the completion of the test
would the post surveys be done. Mr. Reed stated that it had
not been determined.
Motion made by Richard Femino to attach 11 special conditions
to the previously issued Order of Conditions, seconded by George
Ahmed and approved unanimously.
• Fred Harney returned to the meeting at this time.
PROGRESS REPORT - STORY STREET VIOLATIONS
Attorney John Keilty representing Steve Lovely addressed the
Commission and reported that there have been no changes. He
requested that the Commission consider a proposal to loam and
seed the area to stabilize the site. He noted that this would
be a more economical approach to a solution.
John Vallis asked Paul Summer what the effectiveness of a clay
cap would be. Mr. Summer stated that it would be a viable
alternative to removing the fill, noting that removing it would
cause a greater disruption to the area. He stated that clay
is preferred in land fills for controlling infiltration as an
alternative to capping.
Richard Femino expressed his concern that if there is potentially
bad fill in there, covering it would not be the solution.
John Vallis suggested that the fill should be examined.
Attorney Y.eilty suggested that the Commission arrange a site
visit and they could get a back hoe there to examine the fill.
• Attorney John Crean, representing Mr. Emmerton addressed the
3
J
• Commission and stated that his client never gave anyone
permission to dump on his land. He suggested that Mr. Emmerton
would like to convey the property to the City, noting that the
area is a buffer to the golf course and could possibly expand
the playground in the area.
John Vallis stated that it was a generous offer but noted that
he did not think that the City should accept contaminated land.
He did say that if the land were to be cleaned up the City could
take it. Attorney Crean stated that if the city were given
the land, the City could take care of the clean up.
George Ahmed suggested that Attorney Crean submit a written
proposal to the Commission.
John Bleiler stated that a 21E on the property would have to
be evaluated.
Attorney Crean stated that he would draft a proposal to be
submitted to the Commission.
John Vallis stated that he would get in touch with the DPW and
Mayor Harrington to see what could be done.
Attorney Keilty stated that he would like to arrange for the
back hoe for the excavation of Mr. Lovely' s property prior to
• scheduling a site visit. John Bleiler asked if all of the
requested information had been submitted to the Commission.
Attorney Keilty stated that he would have the plans brought
up
to date and impress upon Mr. Raby of the necessity to comply
Y
with the Commission' s request, and have his lines delineated
by a registered professional land surveyor. John Bleiler
requested that the lines be delineated by the date of the site
visit.
OLD / NEW BUSINESS
1 PEABODY STREET PROGRESS REPORT
John Bleiler recused himself from discussion of this matter.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission and reported that they will be filing for a permit
next week for the discharge of the water in the tanks located
during the preliminary investigation. He noted that they will
be looking for a location on the street to pump the material
out, and the material in the 2,000 gallon tanks will be pumped
and taken away as it is hazardous. He stated that when the
tanks are empty they will be removed from the ground. He
estimated that the process would take 2-4 weeks and the fire
department would be involved.
• Motion made by George Ahmed to continue the Public Hearing for
4
• Kathy Winn reported that she had spoken to Rick Rowsel of Gibbs
Oil and they received approval for the removal of the fill on
May 18 from DEP. She noted that they are finalizing the plans
to remove it to Londonderry New Hampshire.
Kathy Winn reported that the wrong person had been contacted
with regards to the dumping on 23 Clark Street. She reported
that the correct owner is Walter Abraham who lives on Valley
Street. She will pull the file and review the previously issued
Order of Conditions and issue a cease and desist order.
Kathy Winn reported that she received a letter from Randall
Weiting requesting to build a bird house on Pierce Road. John
Vallis stated that the Commission could not authorize the
building of any structure, temporary or otherwise on property
owned by another. He suggested that Mr. Weiting be sent a letter
concerning the matter, and noted that should he decide to build
it on his own property, and it is in the buffer zone he will
need to file a request for determination with the Commission.
John Vallis reported that he has been unable to arrange a
definite meeting with City Solicitor Kevin Daly. George Ahmed
suggested sending a letter to him to attend the next meeting
of the Commission, to discuss the operation of the tidal gates
at Forest River.
• The Commission discussed the Tidal Gates. John Vallis stated
that the legislation reads that the Conservation Commission
can advise t Mayor
he Ma with regards to the schedule for the
operation of gates.
George Ahmed suggested adopting the recommendations of Professor
Moore regarding the schedule for the opening and closing of
the gates. John Bleiler noted that Dr. Moores ' recommendation
is to keep the tidal gates closed, but if they have to be opened
he suggested times that would be less harmfull to the ecology.
Richard Femino suggested that the gates should be kept open
until the City Solicitor can meet with the Commission to discuss
the matter.
Betsey Horne suggested that it may put the Mayor in an awkward
situation with the neighbors, and that perhaps the Commission
could make recommendations on the times to close the gates until
a solution can be reached.
John Vallis will contact Mayor Harrington to discuss the Tidal
Gates with him.
George Ahmed asked about the status of the dumpster on the
• Bertini Property. Kathy Winn reported that the dumpster is
not in the buffer zone.
5
Betsey Horne asked if DEP had a time requirement in which to
• make a decisions on appeals such as Joyce Salvos. Kathy Winn
stated that they have 70 days from the date that the appeal
is filed.
APPROVAL OF MINUTES
The minutes of the meeting of May 10, 1990 were presented for
approval. Motion made by Richard Femino to approve the minutes
of the meeting of May 10, 1990, seconded by George Ahmed and
approved unanimously.
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 John Bleiler and approved unanimously.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC052590
•
6
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JUNE 14, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, June 14, 1990, at 7:30 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, John
Bleiler, Bob Crowley, Fred Harney, and Betsy Horne. Also present
were Kathy Winn, Conservation Administrator, Debra Hurlburt
of the Salem Planning Department, and Eileen Sacco, Clerk.
The meeting was called to order by the Chairman, John Vallis.
STORY STREET DISCUSSION
Kathy Winn reported that. Attorney John Keilty had informed her
that they had scheduled a back hoe to excavate the area for
next Saturday, but that they were trying to reschedule it for
a weekday. George Ahmed and Bob Crowley stated that they could
attend if it were done during the week.
George Ahmed suggested that the soil should be tested, to be
• sure that it is clean fill . John Vallis noted that it could
be expensive, and suggested that if it is clearly clean fill
it would not need to be tested, but if there is any question
then the Commission could order that it be tested. John Bleiler
suggested that if they use an environmental firm they may have
the equipment to test the soil.
George Ahmed asked if the Commission is not satisfied with the
results of the excavation can they take alternative measures.
John Vallis stated that they could.
John Bleiler stated that he felt that if the fill is found to
be unclean then they should be made to remove it.
Fred Harney recalled that Mr. Lovely had been before the
Commission before with the regards to the placement of the
swimming pool in his yard. He asked Kathy Winn to review the
records. He noted that he thought that the area in question
at present is closer to the wetland than the pool.
John Vallis noted that Mr. Lovely was aware prior to placing
the fill that he should go before the Commission, and the
Commission could make him remove it. John Bleiler noted that
other Conservation Commissions do it all the time. He further
noted that if it is found to be bad fill it should be 'removed.
• George Ahmed suggested that the Commission take samples of the
soil and have it tested, and have Mr. Lovely pay for it. Betsy
1
• Horne noted that there are clear quality control measures that
are taken when samples are collected and procedures that are
followed by professionals. She noted that you can not use just
any container to collect samples.
John Bleiler suggested that they be required to have the soil
tested if the Commission sees that it appears that there is
more there than the rocks stated in the affidavit.
George Ahmed asked if Attorney Crean had submitted his proposal
to the Commission regarding Mr. Emmerton's property. Kathy
Winn stated that she had not received anything yet.
John Vallis asked that Attorney Keilty be contacted to arrange
for the back hoe for a weekday, with qualified personnel to
evaluate what they find.
KERNWOOD COUNTRY CLUB - ORDER OF CONDITIONS
John Vallis suggested that the Commission continue the Kernwood
Country club request for an Order of Conditions, since they
were not present at the meeting.
The Commission discussed the site visit that was held. Fred
Harney stated that he had no problem with the issuance of an
Order of Conditions.
• John Bleiler suggested that on the fifth tee there should be
double erosion control measures to make it clear to them that
there is a limitive work line. He also stated that he would
like them to minimize the number of trees that are removed for
the project.
Motion made by John Bleiler to continue the Public Hearing for
Kernwood Country Club until the next regular meeting of the
Commission, seconded by George Ahmed and approved unanimously.
OLD/NEW BUSINESS
Kathy Winn reported that she received a letter from Roger
Pelletier stating that he felt that the Army Corp of Engineers
should be involved in the Salem Hospital Parking lot.
Kathy Winn reported that she had received a letter from Ellen
DiGironimo stating that the Beverly Salem Bridge Project is
waiting for FHWA to re-evaluate plans and are proceeding with
the permitting process. The letter also stated that there would
be a public meeting on July 9, 1990 regarding the bridge.
Kathy Winn also reported that she had received a letter from
DEQE concerning the Forest River Tidal Gates.
• John Vallis stated that he was unable to get City Solicitor
2
• Kevin Daly to attend tonight' s meeting but would try to have
him come to the next meeting. George Ahmed stated that the
Commission should send a letter to Kevin Daly asking him to
attend the next meeting. Betsy Horne suggested that the letter
should clearly stated that if the Commission does not hear from
the City by the next meeting, the Commission would proceed on
the matter.
John Bleiler reviewed the correspondence from DEP and stated
that they have issued a superseding determination, on Dr. Moore' s
request for a Determination of Applicability as an abutter.
He noted that the City must file a Notice of Intent or DEP
will issue an Enforcement Order.
Kathy Winn will call Mr. Perkins at DEP to clarify the matter
and see how to proceed.
John Vallis suggested that a letter be sent to the Mayor
requesting that the City notify the Commission how they intend
to proceed. He will write the letter and send it to the Mayor.
APPROVAL OF MINUTES
The minutes of the meeting of May 24, 1990 were presented for
approval. Motion made by Fred Harney to approve the minutes
• for the meeting of May 24 , 1990, seconded by Betsy Horne and
approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by Fred Harney to adjourn
the meeting seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 9:20 P.M.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO, CLERK
CC061490
• 3
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
JULY 12, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 12, 1990 at 7:30 P.M.
Those present were: Chairman John Vallis, John Bleiler, George
Ahmed, Bob Crowley, and Betsy Horne. Also present were Kathy
Winn, Conservation Administrator, and Eileen Sacco, Clerk.
DISCUSSION - GTE/SYLVANIA CLEAN UP
Randall Craig addressed the Commission to get their input on
their plans to clean up property on Loring Avenue owned by
Sylvania. He showed the Commission plans and discussed them.
He noted that they plan to permanently close the parcel of land
that is filled with glass and covered by sandyldsoil. He stated {#
that they propose to install a low permeable soil 'cap, and they
hoped that two feet would be sufficient.
George Ahmed asked if any test borings had been done on the
property. Mr. Craig replied that they had done test borings
in 1984 and that they located glass for seven feet before they
reached silty sand. He also noted that they have done other
• environmental testing, and are presently testing for chemical
constituency. George Ahmed asked that copies of the studies
be sent to the Commission for their records.
Betsy Horne asked if the site was a 21E site. Mr. Craig stated
that the it is considered a 21E site. Betsy Horne also asked
if there was any indication of anything other that glass on
the site. Mr. Craig stated that they have found natural soils
below the glass lines and have tested for chemicals such as
heavy metals and have determined that no mitigation of heavy
metals has taken place in the area.
George Ahmed also expressed his concern about chemicals in the
area. Bob Crowley noted that at one time a salvage operation
was on that site, but has since been removed.
George Ahmed asked if the soil around the banking has been
tested. Mr. Craig stated that the samples taken were found
to be below the acceptable levels.
Mr. Craig noted that the objective of GTE is to have the area
characterized as a landfill rather than a hazardous waste area.
He stated that the state has agreed to close is as a solid waste
landfill but that the property is listed on the Massachusetts
Contingency Plan. He also noted that they intend to apply for
• a waiver so that they can close the landfill on their own
schedule.
1 .
• John Vallis asked about the difference between closing hazardous
and solid waste. Mr. Craig stated that the difference would
be capping versus remediating and if it is classified as
hazardous it would be more complicated to close.
Betsy Horne asked how many acres are involved. Mr. Craig stated
that there are seven acres involved. Betsy Horne asked GTE
had any plans for the property after they close the plant.
Mr. Craig stated that he did not know what GTE plans for the
property but closure does not preclude the use of the land.
Betsy Horne asked what the timetable for the project would be.
:fir. Craig stated that they have a number of agencies to get
approval from before they can proceed and they are hoping to
start construction next summer.
John Vallis suggested that the more information they provide
for the Commission with their Notice of Intent, the better it
would be for- the Commission
REQUEST FOR EXTENSION - WALTER ABRAHAM, 65 VALLEY STREET
Kathy Winn informed the Commission that she had received a
request for an extension of an Order of Conditions that was
issued to Walter Abraham at a Public Hearing closed on July
• 30, 1987. The Order of Conditions expires at the end of this
month.
John Vallis suggested that the Commission make a site visit
to the property to see if a violation to the Order of Conditions
is occuring. He noted reports of illegal dumping taking place.
Motion made by George Ahmed to have site visit to the property
located on Clark Street, seconded by Bob Crowley and approved
unanimously.
Kathy Winn will contact Mr. Abraham to arrange for the site
visit. The Commission decided to have the site visit on Tuesday,
July 17, 1990 at 5:30 P.M.
REQUEST FOR EXTENSION - DARBY LANDING
The request for the extension of an Order of Conditions for
Darby Landing was tabled until the next meeting of the Commission
since George Ahmed and John Vallis had to recuse themselves
from discussion of this matter.
OLD/NEW BUSINESS
John Vallis suggested that the Commission hold a Special Meeting
for the purpose of discussing the Salem/Beverly Bypass Road
• proposal. He suggested that the Commissioners take time before
the meeting to review the documents.
2.
l
• Motion made by George Ahmed to have a Special Meeting of the
Conservation Commission for the purpose of discussing the
Salem/Beverly Bypass Road, seconded by Bob Crowley, and approved
unanimously.
TIDAL GATES DISCUSSION
Kathy Winn reported that the neighbors monitored the tides and
determined that there is no fifty minute lag time between the
Boston and Salem Tides. She noted that the used the Eldridge
Tidal Calendar and determined that they closely coincide. She
also reported that the neighbors had requested that the times
for closing the gates be determined by the last high tide on
Friday rather than the earliest high tide on Saturday. Kathy
Winn also reported that Mrs. Tanzinni noted that there are five
high tides at 4 P.M. on Sundays and requested that the schedule
delay the opening time by one hour on those dates.
�- John Vallis *e > c.
xpressed hiss•concerm-that.;the:;;gatesarshould bex1 4 ��
for the smallest amount of time possible.
The Commission discussed the times for the closing and opening_.,,,:-
of the gates for the weekend of July 14 and 15. It was
recommended that the gates be closed at 4:51 A.M on Saturday
and opened at 5:10 P.M. on Sunday.
• Kathy Winn also reported that she had received correspondence
from Dr. Moore notifying the Commission of his receipt of the
Determination from DEP.
John Vallis read a letter to the Commission that he received
from Councillor Mark Blair asking that the Commission investigate
possible violations at Tetrault Hot Top at the rear of Bertini's
Restaurant.
STORY STREET VIOLATIONS
Kathy Winn reported that she had not be able to contact Atty.
Keilty regarding the status of the Story Street violations.
John Vallis suggested that a certified letter be sent to Atty.
Keilty stating that if the Commission is not notified of the
date and time of the presence of the back hoe to do the
exploration of the site by July 26, 1990, then the Commission
will take appropriate legal action.
There being no further business to come before the Commissions
at this meeting, a motion was made by John Bleiler to adjourn.,,;'...,
the meeting seconded by Bob Crowley and approved unanimously.
RESPECTFULLY SUBMITTED BY;
• EILEEN M. SACCO
CC071290
3. , .
•
SALEM CONSERVATION COMMISSION
MINUTES OF
JULY 26, 1990 MEETING
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 26, 1990 at 7 : 30 P.M.
Those present were: Chairman John Vallis , George Ahmed , Robert
Crowley, and Fred Harney. Also present were Kathy Winn, Conservation
Administrator, and Debra Tucker, Acting Clerk.
EXTENSION PERMIT FOR HAWTHORNE COVE MARINA
John Vallis recused himself from the matter of the request for
an extension permit for the Hawthorne Cove Marina.
This resulted in the lack of a quorum to decide the matter of
the extension. The request will be taken up at the next regularly
scheduled meeting in September 1990 .
PUBLIC HEARING: NOTICE OF INTENT FOR -
• Tony Fletcher addressed the board on behalf of Michael Kapnis
regarding a notice of intent filed for 3 t . The
Kapnises intend to construct a single family home on the property
at 3 Brook Street , a portion of which is located within a buffer
zone . Mr . Fletcher gave the board some background information
regarding the flood plain project at Dove Ave. which was completed
in 1973-1974 when he was the City Engineer and Director of Public
Works.
A variance from side lot requirements has been granted to the
Kapnises . They propose to extend the channel which exists at
the back of their property approximately fifty feet ( 501 ) and
recontour the land in the same manner as on either side of the
abutting properties .
According to Mr. Fletcher, the channel depth and flow is controlled
at Rosie ' s Pond and at the marsh area behind the hospital by
strong inlet and outlet controls . The pumps are activated by
the drainage on Jefferson Ave.
Attorney James Fleming indicated that a six month time limit ,
the maximum statutory, had been imposed on January 25 , 1990
by the Board of Appeals but was acutally issued February 7 ,
1990, so that would make it valid until August 8 , 1990.
• John Vallis stated that a site visit is usually warranted in
such requests but that this is the last meeting before the board
recesses until September.
• Page 2 of 6
Minutes of Conservation Commission Meeting 7-26-90
Attorney Fleming stated that the Kapnises need the Conservation
Commission to sign off on the project in order to receive a
building permit , which they must get before the time limit
expiration.
George Ahmed asked Mr . Fletcher how long he had been working
on the project . Mr . Fletcher replied that it had taken two
and a half months to have a survey done. He stated that Brook
St . had been created between Jefferson Ave . and Lawrence St . by
the engineering department in order to put in a sewerage system
for the hospital . He stated that the area is never under more
than six to eight inches of water and that there are no velocity
or volume problems and no runoff . The Kapnises intend to keep
the back of the property as a area. Mr. Fletcher indicated
grassy Y
that at the back of the property the flow is kept restricted
and confined from Dove Ave. to Rosie 's pond except at the Pelletier
property.
Mr . Fleming said that the present petitioners had received the
land as a gift from Mr . Pelletier , Mr . Kapnis ' s father-in-law. {
Mr . Pelletier has owned the land for some time and has paid
taxes on it throughout . Since the area was given an "easement
• by necessity" virtually by eminent domain, the petitioners have
suffered "for the greater good. "
John Vallis asked about any apparent vegetation as is noted
on the assessor 's map. Mr . Fletcher replied that there didn ' t
appear to be any. Mr. Vallis then pointed out that the proposed
contours would be made on the abutting property owned by Mr .
Pelletier . Mr . Fletcher said that Mr . Pelletier is present
tonight and has no objection to this . George Ahmed asked that
Mr . Pelletier put this in writing . Mr . Pelletier indicated
that he would if necessary . Mr . Ahmed asked if the total plan
is in writing. Mr. Fletcher said that there was no total chrono-
logical plan in writing. John Vallis said that since the contouring
would be done on Mr . Pelletier ' s property, his abuttors would
have to be notified. Even though they were notified concerning
the Kapnises ' request and the variance, this is a separate matter
and they may have objections .
The existing rip rap according to Mr . Fletcher runs ten feet
into the abutting property. Since he would supervise the project
he said . that the first thing that would be done before any con-
struction would begin would to have Mackey Construction build
a rip rap wall .
John Vallis informed them that since the board needs further
information and since a site visit to the area would be necessary,
• the Conservation Commission could issue an order of conditions
with the stipulation that the conditions are to be determined
at a later date and added . This would give the board broad
• Page 3 of 6
Minutes of Conservation Commission Meeting 7-26-90
range of latitude and the board could still impose strict con-
ditions .
George Ahmed asked if the area had been staked . Mr. Fletcher
replied that all four corners had been flagged . He said that
the slope is three to one and that the land is almost. completely
flat . He also stated that Brook Street was paved in the mid
1970 's, and there is little gradient to Lawrence Street .
Mr. Vallis asked Mr. Fleming if the petition before the commission
should be amended to include Mr. Pelletier's abuttors. Mr. Fleming
replied that even though the reason for appearing before the
board had changed, all of the abuttors had been notified. Mr. Vallis
said that since Mr . Pelletier was not under any time constraint
then he should file a separate notice of intent.
George Ahmed asked about sewer connections . Mr. Fletcher stated
that there is a thirty inch ( 3011 ) sewer main and an eight inch
( 8" ) water main in place.
The Commission scheduled a site visit for September 8 , 1990
at 9 : 30 A.M. for 3 Brook Street.
• George Ahmed moved that the Public Hearing be closed. Robert
Crowley seconded the motion, and it was approved unanimously.
George Ahmed asked Mr . Fleming if he understood that in the
remote chance that the board is not satisfied with the plans
that the Commission could order the building inspector to revoke
the building permit , which would in effect tie the Kapnises '
hands . Mr . Vallis added that this was not a blanket approval
merely the issuance of an order of conditions , to be named at
a later date , so that the Kapnises would be able to apply for
a building permit . Attorney Fleming said that they understood.
Robert Crowley moved that an order of conditions be issued to
Michael and Maureen Kapnis for 3 Brook Street as follows : that
the order of conditions be subject to such other and further
conditions as may be determined at the next regularly scheduled
meeting, and that said order of conditions is subject to the
assent of the abuttors as shown as lot 171 who shall file a
Notice of Intent for work to be done on the abutting property.
Fred Harney seconded the motion, and it was approved unanimously.
OLD BUSINESS :
DISCHARGE OF EFFLUENT AT 1 PEABODY STREET
Hugh Mulligan of Gulf of Maine sent the Commission a letter
• regarding 1 Peabody Street. The matter had been continued from
the last meeting. According ng to Mr . Mulligan the SES
D has found
• Page 4 of 6
Minutes of Conservation Commission Meeting 7-26-90
that the discharge is clean and not suitable for processing
by the SESD and has recommended that the discharge be directed
into the South River . Dr . Mulligan indicated that he would
pursue the matter with the EPA in order to get approval . He
would like to continue the public hearing until September .
John Vallis ,asked if there would be no further discharging until
then. Kathy Winn said that she did not necessarily think that
this would stop . Mr . Vallis asked that a letter be sent to
Dr . Mulligan granting the continuance with the understanding
that there will be no further discharge of effluent into the
South River. George Ahmed also added that he would like a copy
of the lab report from the SESD.
REQUEST FOR PERMIT EXTENSION FOR 65 VALLEY ST.
Walter Abraham had sent a letter to the Conservation Commission
apologizing for not attending the site visit . He stated that
due to economic conditions he has not completed the work. John
Vallis said that the site looked relatively good . George Ahmed
asked that Mr . Abraham ' s letter be attached and made a part
of the minutes.
• George Ahmed moved that due to the financial hardship Walter
Abraham has encountered, the Conservation Commission grant him
a three year extension on the order of conditions issued to
him for the property at 65 Valley Street . Robert Crowley seconded
the motion, and the motion was approved unanimously.
TIDAL GATES
The Conservation Commission received a reply from City Solicitor
Daly. John Vallis read the letter dated July 19, 1990 . Attorney
Daly determined that Chapter 593 supercedes the Wetlands Protection
Act and indicated that the Mayor intends to obey this law and
regulate the tidal gates . Fred Harney reported that one of
the gates is broken and in the down position . He said that
previously two were broken, and that even when the gates are
working that they are not holding the water back as well as
they should and are leaking at the gate area.
John Vallis instructed Kathy Winn to send a copy of the original
letter from the Conservation Commission to the City Solicitor
and his reply to the DEP . He also asked that a directive be
sent to the Salem DPW with a copy sent to the Mayor to keep
all three gates raised while they are malfunctioning.
Mr. Vallis stated that the legal opinion has been rendered by
• the City. The matter of conflicting legal opinions is now between
the DEP and the City. The Conservation Commission is precluded
from taking any action until the determination of which legal
• Page 5 of 6
Minutes of Conservation Commission Meeting 7-26-90
opinion is correct . Once the matter is settled the Conservation
Commission will be directed as to which law prevails . Robert
Crowley noted that the Conservation Commission is caught in
the middle.
The board reviewed the tidal schedule and recommended tidal
gate opening and closing schedules from Dr. Moore and Mrs . Panzinni .
The board compared the two schedules and devised the following
schedule which will be recommended to the Mayor as the schedule
to follow for the remainder of the summer of 1990 :
Saturday July 28 close 4 : 24 A.M.
Sunday July 29 open 5 : 38 P.M.
Saturday August 4 close 10 :40 A.M.
Sunday August 5 open 11 : 28 P.M.
Saturday August 11 close 3 : 24 P .M.
Sunday August 12 open 4 : 13 P.M.
Saturday August 18 close 10 :02 A.M.
Sunday August 19 open 11 : 11 P.M.
Saturday August 25 close 3 : 19 P .M.
Sunday August 26 open 4 :05 P.M.
Saturday September 1 close 9 : 16 A.M.
• Sunday September 2 open 10: 14 P.M.
Monday September 3 close 10: 46 A.M.
Monday September 3 open 10: 57 P.M.
This schedule will be sent to the Mayor , City Solicitor , and
the DPW . This is the best compromise that could be reached
taking into consideration the recreational needs of the public
and the least possible damage to be done to the wetlands area.
The Conservation Commission will ask that when the DPW employees
are opening or closing the gates that they be sensitive to the
level of water, and if waiting a few minutes would be beneficial
then they are to use their discretion.
JULY 12 , 1990 MINUTES
Fred Harney moved that the minutes for the Conservation Commission
meeting held on July 12 , 1990 be approved as submitted . George
Ahmed seconded the motion, and the motion was approved unanimously.
John Vallis instructed Kathy Winn to send letters to Attorney
Keilty regarding Mr . Lovely and Mr . Ravey . Soil testing must
be completed by August 10, 1990 or legal action will be taken.
The information must be in to the office by that date regardless
of the fact that the next meeting is not until September .
• George Ahmed asked Kathy Winn to make copies of a new manual
on the enforcement of the Wetlands Protection Act for all of
• Page 6 of 6
Minutes of Conservation Commission Meeting 7-26-90
the Commission members .
John Vallis recommended that a letter of reply be sent to Councillor
Blair indicating that the area in question appears to be within
a buffer zone and therefore not subject to an order of conditions.
Kathy Winn recommended a site visit by the Conservation Commission
members to view the new Winter Island pier . She said that a
dedication ceremony will be held sometime in August .
NEW BUSINESS :
MEETING TIME CHANGE
George Ahmed asked if it would be possible to move the time
that the Conservation Commission meets up to 7 : 00 P . M. He said
that he would prefer this schedule to the current 7 : 30 P .M .
meetings . Kathy Winn said that she would make sure , but that
it should be alright as long as the time is still convenient
to the public .
George Ahmed moved that all future Conservation Commission meetings
be held at 7 : 00 P .M. beginning with the next regularly scheduled
. meeting in September 1990 . Robert Crowley seconded the motion,
and the motion was approved unanimously.
Mr . Vallis asked Kathy Winn to notify all board members of this
change.
There being no further business to come before the Commission,
a motion was made by Robert Crowley to adjourn the meeting at
9 : 35 P . M . George Ahmed seconded the motion, and approved
unanimously.
Respectfully submitted
By: /J
Debra A. Tucker
•
..IUN Cp��
0 yi
J
Salem. Massachusetts 111970
MASSn�N��
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation
Commission will hold its regular meeting Thursday, September
13 , 1990 at 7 : 00 p.m. , One Salem Green, second floor
conference room.
John G. Vallis
Chairman
• Tentative Agenda:
1. Determination of Applicability - Salem Partnership
Walkways Committee, Forest River
2 . Determination of Applicability - New Derby Realty
Trust, 285 Derby Street
3 . Public Hearing ) - Michael and Maureen r �
Kapnis, -!� Brooks Street
113 D c. a(1 r4a r(�f
4 . Notice of Intent - Lionel Pellitier, Brooks Street /
5 . Public Hearin - Gulf of Maine - 1 Peabody Street 0)& l LI I G II I
A
6. Certificate of Compliance - Collins Cove Condominium
Trust, 37 Settlers Way �l
7 . Old/New Business �.�( '�JC�(%1 '
8. Approval of Minute's `
"Sia nJLicb poelud Uzi "UYTiolal Bulletin Board"
„1ty Hall Ave . , Salem, Mass. on �o y. //, /990
• It, ,2JJ-,) 7 in accordance with Chap. 626.
of the Aot@ of 1958.
D639 9—,a—v? /Y
i
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, SEPTETM"= 13 , 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 13 , 1990 at 7: 00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, John Bleiler, Bob
Crowley, Richard Femino, Fred Marney and Betsy Horne.
DETERMINATION OF APPLICABILITY - SALEM PARTNERSHIP '.•IALPGIAYS
COMMIT^lEE, FOREST RIVER
Deborah Hilburt of the National Park Service and a member of
the Salem Partnership Walkways Committee, addressed the
Commission and explained the Committee ' s plans for establishing
walkways throughout the city. She noted that they are beginning
with the Forest River Conservation area, and described their
plans for cleaning up the trail that exists. She stated that
they plan to have a workday to clear brush, replace tread on
the wooden boardwalk, install a handrail, and define the path.
She stated that they plan spread some gravel and cover the it
with a geotextile style fabric.
• John Vallis stated that he had walked the area with a
representative of the Appalachian Mountain Trails and noted
that the area needs some attending to. He noted that the
geotextile fabric would be porous and durable and would raise
the area but permit drainage.
John Bleiler asked if the damp area had any vegetation in it.
Debbie Hilburt replied no.
Betsy Horne asked how they plan to get the gravel to the site.
Debbie Hilburt stated that it would be dumped in the Salem State
Parking lot and they would use wheelbarrows to get it to the
site.
Debbie Hilburt also noted that the Town of Marblehead wanted
to work with the Committee, and that they plan to have a formal
trail opening in October. She also noted that they have plans
to publish a brochure.
Kathy Winn relayed George Ahmed's request that trash barrels
be placed along the trail.
There being no further questions or comments concerning the
proposal, a motion was made by John Bleiler for a negative
determination, seconded by Richard Femino and approved
• unanimously.
1
;e
• Motion made by John Bleiler to append the following conditions
to the determination:
1 . , That no digging shall take Place.
2. That no heavv equipment shall be used.
3. That trail markers shall be Placed along the trail and a
map be placed at the entry way.
4 . That city ordinances relative to Parks shall be adhered
to.
Motion was seconded by Betsy Horne and approved unanimously.
DETERMINATION OF APPLICABILITY - NEW DERBY STREET REALTY TRUST
285 DERBY STREET
John Bleiler recused himself from discussion of this matter.
Dr. Hugh Mulligan addressed the Commission on behalf of his
client Donald Clark concerning property located at 285 Derby
Street. Dr. Mulligan noted that as a condition of the sale
of the property to his client Mr. Clark the contaminants on
the property need to be cleaned up. He said that they plan
• to pump the ground water to the surface and remove the
contaminant, treat the water and discharge it. He explained
the treatment process to the Commission.
Betsy Horne asked how the contamination occurred. Dr. Mulligan
explained that it is not clear how it happened, noting that
Kurz Associates did a study, and that Gulf of Plaine had found
the tanks, and when it became known of the contamination it
became the sellers Problem.
John Vallis noted that further work would require further
filings. He also asked if this would be a 24 hour operation.
Dr. Mulligan stated that they could probably do the pumping
in 12 hours, but the area is secure. He also stated that they
could probably secure the equipment in the building.
Motion made by Richard Femino for a negative determination of
applicability as per item 3 of the CMR, seconded by Fred Harney
and approved unanimously.
Motion made by Fred Harney to append the following conditions
to the determination:
1 . That the equipment be secured either with and fence or stored
in the building.
• 2 . That all work be in compliance with the letter dated
September 41 1990.
2
• motion was seconded by Betsy Horne and approved unanimously.
CONTINUED PUBLIC HEARING - 1 PEABODY STREET
Dr. Mulligan reported to the Commission on the status of 1
Peabodv Street. He noted that they are treating the water and
discharging it, following detailed specifications from EPA.
Ile also suggested that they could be able to file by the next
meeting. John Vallis suggested that the public hearing :be
continued for four weeks, to ensure that they would have enough
time to file.
Motion made by Richard Femino to continue the Public Hearing
until the first regular meeting in October, seconded by Bob
Crowley and approved unanimously.
John Bleiler returned to the meeting at this time.
NOTICE OF INTENT - LIONEL PELLETIER - BROOKS STREET
Tony Fletcher addressed the Commission on behalf of his client
Lionel Pelletier, and noted that they had been before the
Commission in July, and the Commission suggested that they should
grade the lot adjacent to lot 192, which they proposed to
construct a single family home on.
• John Vallis asked how close to Rosies pond the property is
located. Mr. Fletcher stated that it was about 1100 feet.
He also noted that they intend to continue the existing rip
rap.
John Vallis noted that the address for the property had been
incorrectly listed as 3 Brooks street, and will now be referred
to as lot 192 on map 24 . He also noted that the abutters had
all been properly notified.
John Bleiler noted that when you alter more than 50 feet you
affect the wildlife habitat threshold. Tony Fletcher stated
that there are no trees or bushes to support habitation.
Richard Femino asked how close to the brook the work would take
place. Mr. Fletcher stated that it would be 12 feet from the
top of the bank. He noted that they will be going from a 5-
1 slope to a 3-1 slope.
John Vallis asked if there was anyone in attendance at the
meeting who wished to speak in favor of the proposal.
Felix Lariviere of 211 Jefferson Avenue addressed the Commission
and stated that he is in favor of the proposal .
• There being no further questions or comments at this time, a
motion was made by Fred Harney to close the public hearing
3
J
• seconded by Richard Femino and approved unanimously.
John Vallis reviewed a list of proposed conditions for the work.
Motion made by Bob Crowley to issue an Order of Conditions for
lot 192, of map 24 seconded by Pichard Femino and approved
unanimously
Motion made by Richard Femino to append 12 additional conditions
to the Order of Conditions seconded by Betsy Horne and approved
unanimously.
CONTINUED PUBLIC HEARING - MICHAEL AND MAUREEN KAPNIS - LOT
192, BROOKS STREET
John Vallis stated that the Order of Conditions for this
application had been issued in July and that they were back
for the issuance of special conditions. He reviewed a list
of 15 special conditions, and they were discussed.
Motion made by Betsy Horne to ratify and confirm the Order of
Conditions issued in July, and amended by appending 15 special
conditions, seconded by Richard Femino and approved unanimously.
CERTIFICATE OF COMPLIANCE - COLLINS COVE CONDOMINIUM TRUST
John Vallis read a letter from Por. John Tangusso on behalf of
• the Collins Cove Condominium Trust. He suggested that the
Commission make a site visit to the property before issuing
a Certificate of Compliance. Kathy Winn will notify them and
set up a date for the visit.
OLD/NEW BUSINESS
STORY STREET VIOLATIONS
Kathy P Winn reported that they had been to a site visit at which
Mr. Lovely had a backhoe present to perform the excavation work
requested by the Commission. She noted that some asphalt was
found and well as roofing material and some metal sheathing.
She noted that the first two holes dug were clean and the third
one found the materials stated.
John Bleiler suggested that if the fill in the buffer zone is
clean a permit could be considered.
John Vallis suggested notifying Mr. lovely that he should remove
the fill or submit a request for a Notice of Intent of work
to be performed in a buffer zone. He suggested giving them
30 days to file.
John Vallis noted that he had been in contact with the Mayors
• office concerning Mr. Emmertons offer to donate his land to
the Commission.
4
• P.athy Cdinn reported that 11r. -aby had not responded to the
Commissions requests. John Bleiler suggested that he be given
30 days to do the excavation or the Commission should turn the
case over to DEP for enforcement.
Kathy Winn reported that the Marblehead pump test had 'begun
and that she and Will Beaulieu had been to the site.
APPROVAL OF MINUTES
Motion made by Fred Harney to approve the Minutes of the meeting
of July 26 , 1990, seconded by Bob Crowley and approved
unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by Betsy Horne to adjourn
the meeting, seconded by Bob Crowley and approved unanimously.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC091390
•
• 5
�``.,\ON Cp���'
�z Conservation Commission
• Salem. Massachusetts 01970
Mnssnc��y
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation
Commission will hold its regular meeting. on Thursday, September
27, 1990, at 7 :00 p.m. , One Salem Green, second floor conference
room.
John G. Vallis
Chairman
TENTATIVE AGENDA:
• 1. Notice of Intent - GTE/Sylvania.- 71 Loring Avenue
2. Old/New Business
3. Approval of Minutes
� 0 �G -7
SC (
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This notioe posted on 11Offioial B lletin Board"
city�all P. , Salem, Mase. on $�P�TaS/yj'U
at . /i , - in aaoordanos with Chat. 626,,
of Us lots of 1958.
•
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• SALEM CONSERVATION COMMISSION
MINUTES OF
SEPTEMBER 27 , 1990 MEETING
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 27 , 1990 at 7 : 00 P.M.
Those present were: Chairman John Vallis , George Ahmed , Robert
Crowley , Richard Femino , Fred Harney , and Betsy Horne . Also
present were Kathy Winn, Conservation Administrator , and Debra
Tucker, Acting Clerk.
PUBLIC HEARING : NOTICE OF INTENT FOR 71 LORING AVE.
A public hearing was held as requested by GTE for 71 Loring
Ave . GTE is requesting permission to permanently close the
seven acre landfill behind 71 Loring Ave which abuts a tidal
wetland. Ed Hawkins and Paul Sanborn of Goldberg Zoino Associates
as well as Mark Bornstein of GTE appeared before the Commission
regarding the matter.
Ed Hawkins made a presentation before the board which included
• slides and detailed the plan . The site in question is a glass
landfill which abuts a wetland area that eventually drains into
Salem Harbor . The plant , which manufactures incandescent light
bulbs , has been at the site since 1936. The landfill was created
to store "shrinkage" described as defective bulbs which were
crushed and piled at the site . The boundaries of the landfill
are the B & M railroad property , Pickman Park, GTE parking lot
and Monroe St . According to Mr . Hawkins, the site is composed
mainly of silicon dioxide and metallic by products . Though
the plant will remain open until the end of this year, materials
have not been added to the site since 1983 . The area is slightly
sloped towards the salt marsh area . Granular soil covers some
areas of the fill and other areas are still exposed.
The plan for closure of the site is to isolate the fill from
the hydrogeologic cycle by minimizing precipitation infiltration
with the application of a low permeability soil cap. The area
will be regraded. Soil will be layered on top of the landfill .
The proposed composition would be approximately twelve inches
of granular soil for filtration, six inches of clay or a mixture
of clay and silt , and six inches of topsoil suitable for vegetative
growth. The plan is to minimize or eliminate the possibility
of sedimentation and siltation by the installation of runoff
controls . There will be no fill introduced to the wetland since
the area at the edge will be excavated away from the wetland
• and the tow of the cap will not encroach any further than that
of the current fill .
• Page 2 of 6
Minutes of Conservation Commission Meeting 9-27-90
John Vallis opened the Public Hearing to questions from the
floor .
Dr . Gerard Michaud of 50 Raymond Road stated that he was new
to the area and had heard of several cases of cancer along Raymond
Road.
Mr . Hawkins answered that GTE has extensive analytical data
that shows that there has been no adverse impact in the ground
and surface water , sediment , or soil . Raymond Road would not
suffer any change of flow as a result of the work according
to the available data.
Pat Jennings Welch of 145 Loring Ave . asked what GTE ' s long
term goals were and if the company was intending to sell the
plant .
Mark Bornstein of GTE stated that closing the landfill area
was not a new idea . The company has been in the process of
closing the area since 1983 . He stated that as far as he knew
GTE intended to keep the land an open space .
Mr . Davis of 67 1/2 Loring Ave . asked that if another company
• bought the site would it be suitable for building. Mr . Bornstein
replied that it all depends upon state requirements and the
future use of the site. Any digging may be restricted. Mr . Hawkins
added that the area does border a salt marsh and that would
probably restrict any future use . Mr . Vallis stated that the
one hundred foot buffer zone cuts a wide swath through the site.
John Langlois of 36-38 Buchanan Rd. asked if plans were to turn
the site into a parking lot . He also asked what else the site
could be used for in the future . John Vallis said that GTE
was appearing before the board for permission to permanently
close the landfill not for future use or development .
Mr . Langlois stated that with a culvert cutting through the
area it floods often. Mr . Bornstein stated that if GTE decides
to recreate the ball park after the project it will then be
higher after regrading. He also said that the state must decide
about the rebuilding of a park on the site due to capping
regulations . Mr . Langlois stated for the record that he wanted
the ball park to remain in existence
Mr . Hawkins stated that the Department of Solid Waste of the
DEP has an established criteria for capping a landfill and it
may be determined that a ball park would disturb the cap and
defeat the purpose.
• Thomas Capano of 139 Loring Ave . asked why GTE was pursuing
the matter . He stated that the area seemed pretty settled .
Page 3 of 6
• Minutes of Conservation Commission Meeting 9-27-90
Mr . Bornstein replied that there are areas of exposed glass
and some of the material is too close to the wetlands . GTE
would meet the solid waste regulations by capping the site and
this meeting before the Conservation Commission is just one
more step in the process that was started in 1983 .
Richard Caron of 26 Monroe St . asked if the material was found
to be hazardous and if the DEQE was notified . Mr . Bornstein
replied that the matter comes under sanitary solid waste juris-
diction, that the DEQE was notified , and that the material was
found to be not hazardous .
Mr . Caron stated that he was a former employee at the plant
and that there were chemicals especially lead at the site .
Mr . Borenstein replied that testing has proven that there were
no materials leaching into the landfill and no hazardous waste
present .
Mr . Davis asked if GTE was considering removing the materials .
Mr . Bornstein answered that removal would be more disruptive
and almost impossible.
Roland Gauthier , Jr. asked what the impact of vehicles and equipment
• of the project on the neighborhood would be . Mr . Bornstein
said that he assumed that access to the area would be through
the GTE plant facilities . He also said that the size of equipment
would be as minimal as possible . Mr . Gauthier asked what the
time frame for the project would be , to which Mr . Bornstein
answered that it was dependent upon the approval process . He
assured Mr . Gauthier that the company intended to expedite the
matter .
Mr . Michaud asked what the ulterior motive of GTE was. He contended
that it was to make the site more "saleable" . Mr . Bornstein
stated that there were no ulterior motive , that the project
had been started in 1983 , and that there would most probably
be limited future use . He restated that GTE is pursuing the
project because they both have to as well as want to cap the
land . Mr . Michaud replied that the use would be less limited
once the land has been capped.
Dan Welch asked about the conservational aspect of the project .
He asked if there would be excess runoff into the saltmarsh
because of the low permeability and how scraping the edges would
affect the marsh.
Mr . Hawkins stated that short term impact would be minimized
as much as possible . He said that the plans currently called
• for five to ten feet of material to be pulled back from the
edge carefully in order to minimize siltation into the wetlands .
He also stated that the volume of runoff reaching the marsh
Page 4 of 6
• Minutes of Conservation Commission Meeting 9-27-90
should not change much.
Paul Sanborn said that construction activity would be restricted
to light weight equipment . The sight would be graded and there
would be flat slopes but not much difference in the contour
or elevation. This would not be a major construction effort .
Mr . Michaud expressed concern that the area would be turned
into a parking lot .
Mr . Vallis informed the public that any order of conditions
issued by the Conservation Commission would be recorded at the
Registry of Deeds and would carry to any future owner . The
conditions can be amended in the future.
Mr . Welch said that even though the state requires a cap on
any landfill he questioned whether the area would be better
with or without the cap.
Richard Femino asked what material would make up the twelve
inch base. He was concerned about runoff and erosion with the
use of clay which is not permeable . Mr . Hawkins replied that
it would be layers of various materials . Mr . Bornstein replied
• that the storm water drains , beach area, two wells , and landfill
area were all tested.
Mr . Davis asked about the coating material inside of the bulbs .
George Ahmed asked that the firm explain the lightbulb composition.
The components were described to be brass base, solder material ,
tungsten filament , soft glass , coating of vaporized aluminum ,
frosting of silicone powder.
Mr . Caron stated that a colored lead paint is used as well ,
and that there is a lot of lead, phosphorous , and mercury in
the landfill area. Mr . Bornstein countered that the only mercury
used is in the vacuum pump machinery . Mr . Caron replied that
there are other things in the landfill besides just glass .
Mr . Bornstein again stated that the site has been tested and
that there is nothing but non-hazardous materials . Mr . Caron
again contended that there are other chemicals present even
if they are not leaching.
Mr . Caron said that it appears that the main concern of the
area residents is the future use of the site . According to
Mr . Caron there are hazardous materials present and the land
should not be developed for future use.
Richard Femino said that he felt that GTE has a right to cap
• the site and that it is up to the board to set conditions .
Betsy Horne asked when the DEP would rule on the matter . The
process would continue after the Conservation Commission issued
Page 5 of 6
• Minutes of Conservation Commission Meeting 9-27-90
and order of conditions . The proposal would then go back to
the DEP in order to finalize the plans . There will be a MEPA
hearing on October 19 , 1990 at 10 A . M . at the GTE plant and
all interested parties are invited to attend.
John Vallis read aloud a letter from John DeVillars of the EOEA
regarding a meeting at which advice and comments on the matter
are welcome . This meeting will be to determine the environmental
impact of the project on the area.
Mr . Hawkins stated that GTE did the initial testing and then
was mandated by the State to have additional tests performed .
John Vallis stated that he thought a site visit would be appropriate
so that the board would be familiar with the whole site . A
site visit was scheduled for Saturday , September 29 , 1990 at
9 : 00 A.M.
Robert Crowley moved that the Public Hearing be continued to
the next regularly scheduled Conservation Commission Meeting
on October 11 , 1990 . Richard Femino seconded the motion, and
the vote was unanimous .
• John Vallis read a letter dated September 26 , 1990 from Ward
7 Councillor Mark E . Blair who asked that it be made a part
of the minutes . Mark Bornestein of GTE asked for a copy of
the letter.
John Vallis thanked all for their views and concerns , and the
board took a five minute recess .
OLD BUSINESS
Kathy Winn reported that Trail Days were a success . Approximately
thirty to thirty-five people , including boy scouts, Salem State
College students , and representatives of the Salem Partnership
attended . The overgroth along the trail was cleared away .
All of the work that had been proposed was completed.
Matters involving Keilty, Lovely, and Raby will be turned over
to the DEP if they do not respond by the next meeting.
John Vallis reported that there was no new progress on the Emmerton
land donation to the City. He and the City Solicitor are looking
into the matter .
Kathy Winn stated that the Salvo ' s have appealed the. Conservation
Commission ' s decision to the DEP . John Vallis said that the
• basis for the City' s denial of the plan is that the design proposed
is inappropriate.
• Page of 6
Minutes of Conservation Commission Meeting 9-27-90
Betsy Horne requested a list of properties owned by the Commission.
John Vallis replied that he would bring in a list .
SEPTEMBER 14 , 1990 MINUTES
Richard Femino moved that the minutes for the Conservation Commission
meeting held September 13 , 1990 be approved as submitted . Betsy
Horne seconded the motion, and it was approved unanimously.
There being no further business to come before the Commission ,
a motion was made by Richard Femino to adjourn the meeting at
9 : 10 P .M. Betsy Horne seconded the motion , and it was approved
unanimously.
Respectfully submitted
By:
Debra A. Tucker
•
•
cmc.
2� z C .m .m
• .r Salem. Massachusetts 01970
4A SS, 5
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation
Commission will hold its regular meeting on Thursday,
October 11, 1990, at 7 : 00 p.m. , One Salem Green, second
floor conference room.
�j
John G. Vallis
Chairman
• TENTATIVE AGENDA:
1. Public Hearing (continued) - Notice of Intent
by GTE/Sylvania - 71 Loring Avenue
2 . Certificate of Compliance - 38 Swampscott Road
3 . Old/New Business V
4 . Approval of Minutes
luncv
�e� .
D712
This notice Bull-tin Board"
City Hall Ave . , Salem, Mass. on QV. 9, 19SG
at. Z, /8 //7 in accordance with Chap. 626.
of the Aots of 1958.
•
•1
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER 11 , 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 11 , 1990 at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, Bob Crowley, Fred Harney
and Betsy Horne. Also present were Kathy Winn, Conservation
Administrator, and Eileen Sacco, Clerk.
CONTINUED PUBLIC HEARING - NOTICE OF INTENT - GTE/SYLVANIA -
71 LORING AVENUE
Mark Bornstein of GTE addressed those present and stated that
at the last meeting there were concerns about the status of
the ball field at Pickman Park. He stated that GTE will take
whatever course of action the state will allow for the property,
and if the state allows the rebuilding of the park they will
do so.
Tom Langlois of 36-38 Buchanan Road asked if the property would
become part of Pickman Park, and would GTE consider leasing
• or selling the property to the city. Mr. Bornstein stated that
they have considered the possibilities and they would consider
a lease or sale of the property to the city.
John Vallis clarified that GTE would be agreeable to a condition
of approval that would address the conversion of the property
to a ball field again. Mr. Bornstein stated yes they would.
Tom Capato of 139 Loring Avenue asked if the city had any plans
to test the soil for contamination. He noted that he is
concerned about the contents of the soil, and that once it is
covered over there will be no way to tell what is there. John
Vallis addressed the question and referred to an order from
the City Council that the Conservation Commission hire a
consultant to do some testing in the area. He noted that the
order was approved by Mayor Harrington on October 2, 1990 and
that this was a matter that the Commission would discuss this
evening.
Tom Langlois addressed the Commission and stated that he was
concerned about the proposed cap washing away over a period
of time. Paul Sanborn of Goldberg Zoino Associates addressed
the question and stated that DEP has not given their criteria
for the cap as of yet, but that they will incorporate measures
to control and eliminate runoff. He further noted that GTE
is prepared to go by the rules and regulations established by
• DEP and has already filed for all appropriate permits should
they be needed. John Vallis also noted that DEP would require
1
• a maintenance schedule.
John Vallis noted that the Commission needs to determine what
the Independent Consultant should do on behalf of the city.
Betsy Horne stated that it is difficult for non technical people
to see if they have enough data on the subject. She suggested
that the consultants check to see that the data is reasonable.
Fred Harney asked how many test borings had been done on the
property. Mr. Sanborn stated they had done two in the last
several years and that they recently did six more and took
samples from the surface and three samples of sediment from
beneath the glass .
John Vallis suggested that the consultant review the data that
GTE has presented to the Commission, and check for the
appropriateness of the testing, sufficiency of the data,
familiarize themselves with the area and see of there was
anything left out of the report.
Betsy Horne asked the representatives from GTE if there was
any information that was not submitted to the Commission. Mr.
Bornstein stated that there was correspondence from the state
and test results that were not relevant at this time.
• Fred Harney asked if there was a plan available that showed
the locations of where the samples were taken from. Mr.
Bornstein stated yes.
John Vallis asked if there was a breakdown available of the
components that can be found if the land fill. Mr. Bornstein
stated that there •would be the components of lightbulbs which
would be glass , tungsten, copper and aluminum. John Vallis
asked if they were the components used 20 years ago, and Mr.
Bornstein stated that they should be similar.
Kathy Winn suggested that they consultant could also be used
to assist with the MEEPA review which is to be held on October
19, 1990 at 10:00 A.M. at the land fill .
John Vallis reviewed the aspects that the Consultant will cover:
1 . Review the GTE data submitted for sufficiency.
2. Check that appropriate testing methods were used.
3 . Check to see that the procedures of the methods were
appropriate.
4 . Provide a conclusion on the cap versus removal of the fill .
• •' 5. Familiarize themselves with the site to see that nothing
2
• was overlooked.
6 . Assist the City of Salem with the MEEPA review of the
project.
7 . Maintain contact with GTE Officials if necessary.
Motion was made by Betsy Horne to hire a consultant to review
the documentation submitted by GTE, seconded by Bob Crowley
and approved unanimously.
John Vallis addressed that matter of payment of the consultant
and noted that if other communities developers have paid for
private consultants to assist the city in making a determination.
Mr. Bornstein stated that GTE feels that they have spent a
great deal of money on this project and that he was concerned
that if they paid they would be open to subjectivity, and if
the Commission paid it would be independent from them.
Kathy Winn noted that the City Council was meeting this evening
and that the request for funding for the Consultant had been
submitted for approval .
John Vallis suggested that the Commission continue the Public
Hearing until they get the results of the Independent Consultant.
• Jacqueline Michaud of 30 Raymond Road asked how deep the glass
is. It was noted that the glass is 6-7 feet in some areas and
as much as 10-15 feet in other areas.
Betsy Horne made a motion to amend her previous motion to read
that the Commission hire a consultant pending approval of the
appropriation of the funding for it by the Salem City Council,
seconded by Bob Crowley and approved unanimously.
Motion made by Fred Harney to Continue the Public Hearing until
the next meeting following the reciept of the information from
the Independent Consultant , seconded by Betsy Horne and approved
unanimously.
The Commission discussed possible firms to hire for the
Consultation. Kathy Winn will check them out and report to
the members.
CERTIFICATE OF COMPLIANCE - 38 SWAMPSCOTT ROAD
Kathy Winn addressed the Commission and stated that the storage
facility at 38 Swampscott Road had gone bankrupt and that they
are under receivership. She referred to a 1980 order of
conditions that was issued and a certificate of compliance was
never applied for. She noted that there are no as built plans
• for the property and that everything else seems to be in order.
3
• Fred Harney noted that it should not be difficult to get as
built plans of the property by an engineer. He suggested that
the Commission make available the information that is on file.
John Vallis suggested that a site visit would be in order .
Fred Harney suggested that the Commission have the as built
plans before they go on a site visit. Kathy Winn will contact
the Company and inform them.
OLD/NEW BUSINESS
John Vallis reviewed a letter that will be sent to Steve Lovely
concerning the Commission ' s findings at his property and
instructing him to file a Notice of Intent.
The Commission discussed the situation at Mr. Raby ' s property.
It was decided to send Mr. Raby a notice that the requested
items be completed or further legal action will be taken.
APPROVAL OF MINUTES
The minutes of the meeting of September 27, 1990 were presented
for approval. Motion made by Fred Harney to approve the minutes
of the meeting of September 27, 1990 , seconded by Bob Crowley
and approved unanimously.
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 8 :40 P.M.
RESPECTFULLY SUBMITTED BY
EILEEN M. SACCO, CLERK
CC101190
4
`.�\pN Cp��
?' z Conservation Commissim
J
• ; � Salem. Massachusetts 01970
ASS
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, November 8, 1990, at 7 : 00
p.m. , One Salem Green, second floor conference room.
-;/t,.t Ule. 4 Z
John G. Vallis
Chairman � (
TENTATIVE AGENDA:
1. Public Hearing - Notice of Intent by Allied Realty T/�u t 63
• Flint Street AN Afr.ulo lZto)
2 . Old/New Business �Q�u �� Q fC�.
3. Approval of Minutes
D738 ✓� S IT J�� �l � Zq
This uotict; poii.Ha eir, "t4flplal BulletO Board"
91ty Hall Ave. , Salem, Mass. 'on Oil 6'I'm
Alk /:56 f M in accordance with Chap. 626.
of. the Rote of 1988.
•
r
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, NOVEMBER 8, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, November 8, 1990 at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Present were: chairman John Vallis, John Bleiler, Betsy Horne,
and George Ahmed. Also present were: Kathy Winn, Conservation
Administrator and Eileen Sacco, Clerk.
The meeting was called to order at 7:OO P.M. by the Chairman,
John Vallis.
PUBLIC HEARING - NOTICE OF INTENT BY ALLIED REALTY TRUST - 63
FLINT STREET
Attorney George Atkins addressed the Commission and stated that
his clients are undertaking this project because the state has
taken a portion of their property for the Bridge Street By-Pass
Road. He stated that they intend to remove the four existing
buildings and create two new buildings . Atty. Atkins noted
that the new buildings would have a footprint of 20,000 s .f.
He also reported that they have received a variance from the
• Board of Appeal.
Attorney Atkins stated that the two problems that they are faced
with is that they are located in a flood plain and within the
100 foot buffer zone and storm drainage. He noted that the
present drainage is into the North River Canal and that they
could culvert the drainage to several points, but it would reach
the same .point. He also noted that they drainage report prepared
by Ryan Engineering concludes that the effects would be minimal .
Atty. Atkins also addressed flood storage. He noted that if
the project were to decrease the capacity to store flood water
you are required bylaw to compensate for it elsewhere. He
also stated that they feel that the decrease in the number of
buildings on the property would significantly improve the flood
storage capacity. Atty. Atkins also noted that they have located
the buildings as far upland as possible, and that most of the
lot is at 9 feet.
Rainer Koch the Architect for the project explained the flood
proofing planned for the project. He noted that they are
constructing two buildings , one to be use as a storage facility
and one to be used as a retail facility. He stated that the
state building code is specific on flood zone areas and that
non residential uses can be allowed if they are built flood
• proof. He noted that they plan to flood proof, 2 feet of the
building.
1
• Jim Ryan of Ryan Engineering addressed the Commission and noted
that there is no formal drainage system at present. He stated
that the water hits the ground ( 1 .88 acres ) and travels along
the ground to drain into the canal. He also noted that planting
will be done and that the construction would not alter the
current drainage. He stated that he felt that it is a straight
forward drainage area.
Atty. Atkins noted that the area is not inhabited by any animals,
and that they are dealing with an unknown factor since the state
has not prepared any specs for the reconstruction of the North
River Canal, so they do not know what the state plans for
drainage.
Rainer Koch noted that in conversations with the state they
have indicated that they would install a 6" curb to control
the runoff of unwanted drainage.
George Ahmed expressed his concerns about the leakage of gas
and oil and asked if they planned to install any catch basins
or gas traps. He noted that the Commission does not like to
see runoff going into the canal from the parking area. Rainer
Koch stated that they looked into that but the gradient is not
present to drain properly with drains. He noted that the
proposed curb would help. George Ahmed suggested the use of
a dry well . Mr. Koch stated that they would be costly to dispose
• of and that the nature of the business of a lumber yard, would
have the kind of traffic that a shopping mall would have. John
Bleiler suggested that an absorbent pillow material could be
used, where the water would be filtered before it goes into
the canal.
George Ahmed asked if company vehicles would be maintained on
the property. Atty. Atkins stated that they only have two
vehicles and they would not be maintained on the site. George
Ahmed also asked how damaged products would be disposed of.
Atty. Atkins stated that they would be disposed of off site.
George Ahmed asked if they had done an impact study of the
present condition of the land and the water flow. Atty. Atkins
stated that this project has been a costly one and that it is
an alternative to going out of business . He also noted that
they have tried to provide all of the boards and agencies with
the information required with limited resources. He also stated
that they will end up with the same basic site that is there
now but it will have fewer buildings and will be cleaner. John
Bleiler noted that coastal land is not as strictly regulated
as wetlands .
John Vallis suggested that the Commission make a site visit
to the property. It was agreed that the site visit would be
• held on Saturday November 24, 1990 at 9 :00 A.M.
2
• George Ahmed requested that the drainage report be signed and
stamped by the Engineer.
John Bleiler suggested that they think about alternatives to
catch basins and oil and grease traps and that the Commission
could address them at a later date.
Motion made by George Ahmed to continue the Public Hearing until
the next meeting of the Commission, seconded by Betsy Horne
and approved. unanimously.
George Ahmed suggested that they draw up a list of proposed
conditions and submit them to Kathy Winn.
OLD/NEW BUSINESS
Kathy Winn gave the members copies of the GTE Impact Report,
a letter from Mayor Harrington and Mark Blair to Environmental
Affairs, and the report from Gulf of Maine concerning the GTE
Landfill. She also noted that the Scoping Meeting was held
and that there were few people who attended, and that they will
be required to file a full environmental impact report.
There being no further business to come before the Commission
at this meeting, a motion was made by Betsy Horne to adjourn
the meeting seconded by John Bleiler and approved unanimously.
• The meeting was adjourned at 8: 30 P.M.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO, CLERK
CC110890
3
v``ttON CO,II,�
2� �z Canservatian .■/y��■
:1 Vai
Salem. Massachusetts 01970
"fnssn�`�
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will
hold its regular meeting on Thursday, November 29, 1990, at 7 : 00 P.M. ,
One Salem Green, second floor conference room:
1B 6. 6,4�Ky
John G. Vallis
Chairman
TENTATIVE AGENDA:
1 . Public Hearing (continued) - Notice of Intent by Allied
• Lumber
2 . Extension Permit - Gulf of Maine for David Cohen, 282
Highland Avenue h - CI VLI S0-((
3 . Discussion - Story Street
4 . Old/New Business
5 . Approval of Minutes
D806
ehi9 L:.� ic:, y•.; ,,, lulal E letin Board"
oity ��11 ulem, Mass . on �7 /Yyp
at. / r�/ '�� in accordance t Chat', 6=`;
of the Aote of 1958 . y�
.. l
•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, NOVEMBER 29 , 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, November 29 , 1990 at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Betsy Horne, George
Ahmed, Bob Crowley, and John Bleiler. Also present were Kathy
Winn, Conservation Administrator and Eileen Sacco, Clerk.
The meeting was called to order at 7 :00 P.M. by Chairman John
Vallis .
PUBLIC HEARING (CONTINUED) - NOTICE OF INTENT BY ALLIED LUMBER
Attorney George Atkins addressed the Commission and presented
a signed, stamped copy of the Engineering Report as requested
by the Commission. He also noted that the Commission has been
to the site . He outlined two issues that are of concern. The
first issue is that of gas traps and he noted that everything
on the site is pitched towards the North River Canal . The second
issue is that of timing, and the Planning Board had concerns
• about the timing of the planting of the trees before the state
builds the road, and that would also leave the gas traps in
the middle of the lot. He informed the members that the timing
of the landscaping and the location and types of trees had been
left up to the Planning Department.
John Vallis suggested that the Order of Conditions could mandate
that Allied Lumber come back to the Commission to address the
issue when the State proceeds with--their_-plans_.- _Atty._ A-t-kins_,
agreed to that andisug es eg tes eg t d that the time for Allied to come
-the--Commission for--this-matter-would-be when- the--State,'
presents their plans to the -Commission.
George Ahmed asked if there would be any site preparation
involved in the project such as the laying of pipes. Atty.
Atkins stated that the project entails construction of the new
buildings and the demolition of the old ones. He also noted
that the entire area is paved and that they do not anticipate
any removing of pavement. Rainer Koch noted that asphalt is
not a legal interior flooring so that a concrete slab may be
installed.
John Vallis asked if the area that was taken by the state would
be regraded or repaved. Atty. Atkins stated that the area
between the new storage building and the canal will not be
• touched.
John Bleiler suggested that there could be a condition that
1
• the drainage be installed at a later date when and if the canal
is widened.
There being no further questions or comments from those present,
a motion was made by John Bleiler to closed the public hearing
seconded by George Ahmed, and approved unanimously.
Motion made by George Ahmed to issue an Order of Conditions
with 11 special conditions , and a 12th to be added with regards
to future work concerning drainage which may affect the canal ,
seconded by John Bleiler and approved unanimously.
EXTENSION PERMIT - GULF OF MAINE RESEARCH INC. FOR DAVID COHEN
282 HIGHLAND AVENUE.
John Bleiler recused himself from discussion of this matter.
Dr . Hugh Mulligan addressed the Commission on behalf of Mr.
David Cohen to request an extension of the permit that Mr. Cohen
was issued in January 1988 . He noted that Mr. Cohen still
intends to go forward with his plans to expand his property
on Highland Avenue, but he has no immediate plans in progress .
The Commission reviewed the plans that were presented in 1988
and the Conditions issued at that time. George Ahmed asked
if there were any new regulations that would affect this project
• in place now. John Vallis stated that the Conditions would
be grandfathered.
Kathy Winn noted that the request for an extension should be
for an unavoidable reason. Dr. Mulligan stated that Mr. Cohen 's
reason is economic hardship.
George Ahmed asked Dr. Mulligan how long an extension Mr. Cohen
looking for. Dr. Mulligan asked for 3 years . George Ahmed
noted that the Commission usually grants one year extensions,
and he would like to be consistent. John Vallis stated that
he felt that the magnitude of the project should be considered
and that this project has not even begun yet. He asked Dr.
Mulligan what the estimated time frame for the project would
be. Dr. Mulligan stated that Mr. Cohen would need 6-9 months
lead time to get tenants for the building and then it would
take another 10 months to complete the project.
George Ahmed asked if Mr. Cohen has a commitment from a bank.
Dr . Mulligan stated that he does not have a commitment at this
time, noting that he is waiting for the economy to settle down.
He also noted that there are a lot of larger stores in the area
that Mr. Cohen has to compete with.
George Ahmed stated that he felt that a two year extension would
• be adequate. Dr. Mulligan stated that 3 years would allow Mr.
Cohen to plan properly.
2
• John Vallis stated that if the 2 year extension were granted
the petitioner would be back for an extension, he suggested
that the Commission grant a 3 year extension with a notation
that the next request will only be given a 1 year extension.
George Ahmed expressed his concern that the Commission is here
to check on the environment and he is concerned that changes
over the years will affect it. He noted that he would like
to see some safeguards so that will not happen.
Betsy Horne noted that she understood George Ahmeds concerns
but that she felt that 3 years would be appropriate .
Bob Crowley stated that he felt that 3 years was not unreasonable
and felt that 2 years would be boxing Mr. Cohen in.
John Vallis suggested that the Commission could notate the file
that if there has been no construction in the six year period
that a complete review of the project should be done, so that
if there are any changes to the regulations they could be
considered at that time.
Motion made by George Ahmed to grant a three year extension
of the Order of Conditions issued for Mr. David Cohen ( 69159 ) ,
and that further extensions without any work being done will
• require that all records be reviewed before further extensions
are issued, seconded by Betsy Horne and approved unanimously.
1 PEABODY STREET - GULF OF MAINE RESEARCH INC.
Dr. Hugh Mulligan addressed the Commission and reviewed the
process that has taken place so far. He noted that they had
begun the work yesterday and that they have placed hay bails,
and removed soil to expose the tops of the tanks that are to
be removed. He noted that they moved uncontaminated soil to
the South River behind the hay bails, and the contaminated soil
was moved away from the river and is covered with 6 mil
polyethylene sheeting. He stated that he felt that it should
take about week to empty the tanks and clean them. He noted
that the heavy oil sludge will be pumped out. He requested
that the Commission close the Public Hearing and issue an Order
of Conditions.
George Ahmed asked if there was any barrier along the edge of
the river. He noted that he is concerned about the future
use of the lot as a parking lot.
John Vallis asked if they were stock piling the soil outside
of the buffer zone. Dr. Mulligan stated that they were as best
they could and that they were as close as 90 feet from the
coastal bank and the hay bail is 85 feet from the coastal bank.
• Motion made by George Ahmed to close the public hearing seconded
3
• by Bob Crowley and approved unanimously.
George Ahmed suggested the Commission issue the standard Order
of Conditions and that if in the future the property is to be
used as a parking lot curbing should be installed along the
edge of the river and catch basins with oil and grease traps
should be installed.
Dr. Mulligan noted that he felt that would be a financial
hardship and that the area presently has no elaborate catch
basins . He questioned whether requiring this area to catch basins
would help the environment since the rest of the area will not
have them.
Betsy Horne noted that there are a lot of activities that may
have an effect on the environment and a switch in the activity
may not require Commission approval .
John Vallis suggested that the condition could read that No
temporary or permanent storage of vehicles within the area
designated on the plan shall be allowed until a letter from
the Conservation Commission is issued stating that a drainage
review has been completed and is satisfactory.
Motion made by Betsy Horne to issue an Order of Conditions
• subject to such other and future conditions, seconded by George
Ahmed and approved unanimously.
EMERGENCY REPAIR OF THE PICKERING WHARF SEAWALL
Jack Pelletier and Phil Pelletier, the contractors for the
project, and Tom Chevoor of the Pickering Wharf Condominium
Trustees, addressed the Commission and explained the process
that the they need to under take to repair the sea wall at
Pickering Wharf . A letter was presented from Gulf of Maine
Research Inc. , explaining that the applicant was requesting
to proceed with excavation of the buffer zone soils upgradient
of a failing portion of the sea wall. The letter noted that
the failing portion is sixty-four ( 64 ) feet in length, and is
located on the easterly portion of the property, and because
this section of failing sea wall poses a potential threat to
public health and safety, it has been cordoned from public
access .
Mr. Pelletier explained to the Commission that they intend to
remove approximately 400 cubic yards of a grass strip from the
buffer zone upgradient of the 64 feet of wall to be replaced.
He also noted that fill work would be removed from the area
in an effort to avoid further destabilization. Mr. Pelletier
stated that this work must be done before the frozen weather
conditions of winter, which is why they are requesting emergency
• review at this time.
4
Betsy Horne asked why the matter was an emergency if the wall
has been collapsing for some time . Mr. Pelletier noted that
this is a different section from the last time a portion of
the wall collapsed.
Mr. Pelletier reviewed the procedure for repairing the wall ,
and noted that it would be the same structure of the sea wall
at the Chase House. He also noted that this request was for
the activity in the buffer zone and that he would be filing
a Notice of Intent for the construction work.
John Vallis asked if the excess soil would be removed off site.
Mr. Pelletier noted that it would be and that the area would
be fenced off for safety purposes. He further noted that they
would place hay bales around anything down gradient.
There being no further questions from the Commission at this
time a motion was made by George Ahmed to approve the request
for emergency repairs to the sea wall a Pickering Wharf, seconded
by Bob Crowley and approved unanimously.
OLD/NEW BUSINESS
John Vallis reported that there has been no word from Atty.
Keilty concerning Steve Lovely' s property. Kathy Winn stated
• that she felt that they may be under the impression that the
Commission would not be meeting again until December, since
the Commission was not originally scheduled to meet this evening,
but did so due to Thanksgiving. John Vallis suggested that
the Commission remand this to Kevin Daly for prosecution. John
Bleiler suggested that the Army Corp. and DEP be notified of
the action. John Vallis suggested that the entire file
concerning Mr. Raby and Mr. Lovely be given to Kevin Daly for
review, and take appropriate action before the next meeting
of the Commission.
John Bleiler asked about the status of the Emmerton Property.
John Vallis reported that the City is in negotiations with him
concerning his wish to give the property to the city.
John Vallis also reported that he had received a complaint from
Roger Pelletier that there was illegal dumping going on a Pumel
Construction, behind Bertini ' s. He stated that he went to the
site and did not see anything illegal.
John Vallis noted that this would be John Bleilers last meeting.
John Bleiler stated that he resigned because he moved to
Gloucester. John Vallis thanked John Bleiler for his service
to the Commission and wished him luck.
A motion was made by Bob Crowley to Continue the Public Hearing
• for 3 months from the date of the last continuance of the Public
Hearing on the request from GTE to close the landfill on Loring
5
R ,
• Avenue, seconded by John Bleiler and approved unanimously.
Kathy Winn will notify GTE of the continuance by letter.
APPROVAL OF MINUTES
The minutes of the meeting of November 8, 1990 were presented
for approval. Motion made by John Bleiler to approve the minutes
of the meeting of November 8, 1990, seconded by Betsy Horne
and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by John Bleiler to adjourn
the meeting seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 9 : 30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC112990
•
• 6
%ON Cp���'
=W z Conservation Commission
iJ
Salem. Mascachusctts 01970
,
�"fASS, 7
z�
H J� CITY OF SALEM
pCL�IY CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will hold its
regular meeting on Thursday, December 13, 1990 at 7:00 p.m., One Salem Green,
second floor conference room.
1 W John G. Vallis
Chairman
na
• Tentative Agenda: IC A , , n, . �c , �(
1. Request for Determination - Sunburst Fruit Juice Co. l t Vel
2. Notice of Intent - Pickering Wharf — SXF 3 101
3. Old/New Business M I 1 8-C' /�.,D-A
4. Approval of Min
utes C� � r "w L
M1WP
Chla totica yoaLr°` ;;=� " ' T2caa1 ] + lletin •Bo"d"
City Hall Ave. . Salem, £lase . on it/ /990
0 3:,;2 5- M in accordance with Chap. 61t6ID
2% the Aote o 1956 .
•
i
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, DECEMBER 13, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 13 , 1990 , at 7:00 P.M. in the Conference
area outside the Treasurers Office, second floor of One Salem
Green.
Those present were: Chairman John Vallis, Abby Burns, Bob
Crowley, Fred Harney, and Betsy Horne. Also present were Julie
? Environmental Planner, Assistant City Planner Beth Debski
and Eileen Sacco, Clerk.
The meeting was called to order at 7:00 P.M. by Chairman John
Vallis .
REQUEST FOR DETERMINATION - SUNBURST FRUIT JUICE CO.
Fred Harney recused himself from discussion of this matter since
it is located on a State Highway, and he is an employee of the
State DPW.
Mike ? the owner of Sunburst Fruit Juices addressed the
Commission and explained his plans to pour a concrete pad, and
• install a silo to house plastic pellets, which he uses for the
bottles which he packages the juice in. He explained that the
silo would have a 6 inch tube on the bottom and an augur to
pump the pellets into the building. The silo itself will be
30 feet high and 12 feet round. The proposed work is to be .
done in the buffer zone. He further noted that they would dig
out the area for the pad, fill it with 12 inches of crushed
stone and pour 12 inches of concrete.
Betsy Horne asked where the access for construction vehicles
would be. Mr. ? noted that it would from the Highland Avenue
entrance to his property.
John Vallis suggested that the Commission make a site visit
to the property. He asked how long the installation would take
and Mr. ? replied 1 or 2 days . Bob Crowley noted that the
wetland in question has very little water and is mostly
vegetation.
It was decided to have a site visit to Sunburst Fruit Juices
on Saturday, December 15, 1990 at 8 :00 A.M.
Motion made by Betsy Horne to continue the Public Hearing until
the next regular meeting of the Commission, seconded by Bob
Crowley and approved unanimously.
•
1
• NOTICE OF INTENT - PICKERING WHARF
Dr. Hugh Mulligan of Gulf Maine Research Inc. was present at
the meeting along with Phil and Jack Pelletier to explain the
plans for the repair of the sea wall.
Phil Pelletier explained that the project should take two months
to complete, since they need to do most of their work at low
tide. He explained that they would be pouring concrete footings
under water.
John Vallis asked if the pilings would be treated. Mr. Pelletier
stated that they had planned on using treated pilings since
they had them in stock. He also noted that they would be the
same as the ones used at the Chase House, and that the pilings
would be below the mud line so there should be no leaching.
He also noted that they would be pressure washing the wall to
remove loose debris and growth.
John Vallis asked if any aquatic life would be disturbed in
the process. Dr. Mulligan stated that barnacles and blue green
algae that commonly encrust on rock would be disturbed, but
they should have a quick recolonization process . John Vallis
also asked if they would be refueling equipment with a barge
or a truck. Mr. Pelletier stated that they would be using a
• truck.
John Vallis suggested that the Commission make a site visit
to the area. Mr. Chevoor of the Pickering Wharf Trustees voiced
his concern that the site visit would hold up the process and
that they have been at this for two years. Dr. Mulligan stated
that a site visit would be no problem, as they have other steps
to take in the permitting process, such as approval of the
Planning Board. John Vallis suggested that each member go the
site at low tide and see it at their convenience.
John Vallis asked if there was anyone present who wished to
speak in favor or opposition to the proposal. There was no
response from those in attendance.
Motion made by Betsy Horne to continue the Public Hearing to
the next meeting of the Commission, seconded by Bob Crowley
and approved unanimously.
OLD/NEW BUSINESS
John Vallis reported—that he had...spoken to Mayor Harrington
about the status of the Emmerton proposal to—give the—city his
property, and they need to see how much fill is involved and
determine how much illegal fill would need to be removed.
• John Vallis also reported that the letters to Mr. Lovely and
Mr. Raby had not gone out from the City Solicitor, and that
2
• Kevin Daly had turned the matter over to Lenny Femino.
Fred Harney reported that there is illegal dumping going on
next to Vincents Potatoe Chips . He noted that the state is
aware of it and will be pursuing the matter.
Bob Crowley asked if the results of the pumping test on Leggs
Hill Road had been completed. John Vallis reported that they
had completed the test and that he had been there on the first
day and everything looked fine.
There being no further business to come before the Commission
at this meeting a motion was made by Fred Harney to adjourn
the meeting seconded by Betsy Horne and approved unanimously.
The meeting was adjourned at 8 : 15 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC121390
•
•
3
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
JANUARY 11 , 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, January 11 , 1990, in the second floor conference
room at One Salem Green.
Present were: Chairman John Vallis, George Ahmed, Bob Crowley,
Richard Femino, Fred Harney, Martha Hogan, John Blieler,
Conservation Administrator Kathy Winn, and Deborah Hurlburt
of the Planning Department.
DISCUSSION - STORY STREET
The Commission held a discussion regarding the alleged illegal
dumping problem at the end of Story Street and Cleveland Street.
Mr. Tardiff, Mr. Lovely, Mr. Emmerton, Mr. Raby, and Mr.
Ouellette were present at the meeting.
Chairman Vallis informed those present that the Commission had
drafted a letter which requests information be provided to the
Commission, by the owners who have been served with enforcement
orders, in order to determine whether and to what extent any
violations have occurred. He also noted that it is not known
what is there, but that the Commission has seen evidence as
to illegal fill. He also stated that the quantity and quality
of which, and where it is in relation to the protected lands
under the Massachusetts State Laws and Local Ordinances is what
needs to be determined, in order for the Commission to proceed
with the matter.
Chairman Vallis reviewed the contents of the letter and the
requested items which are as follows:
1 . A Survey Delineation showing the Bordering Vegetated
wetlands. Chairman Vallis explained that this could be
done using any method recognized by City Ordinance or Mass.
General Law Chapter 131 . He also explained the role of
the Commission with regards to this area, and that it is
not the responsibility of the Commission to determine this
delineation.
2. Determine where existing property lines are to see who
is within a protected area.
3. Show the existing topography to show the current status
of the property and the topography of the property as of
the effective date of the Wetlands Protection Act.
• 1
• 4 . Submit information regarding the volume and the nature of
the fill, which can be determined by the previous information
requested, and can be calculated by the surveyor.
Chairman Vallis also informed those present that failure to
provide this information and address the violations found may
be punishable by fines or prosecution, and wished to make it
clear that the Commission would proceed to rectify the situation.
Chairman Vallis asked if anyone from the neighborhood had any
comments or suggestions.
Mr. Raby asked if the City still planned to put up Jersey
Barriers to stop trucks from going in there. Chairman Vallis
stated that the Commission is concerned with the illegal fill
and the potential hazardous effect it could have on the wetlands,
not with the aesthetic appearance of the area.
George ahmed asked mr. Lovely about his plans to put up a fence.
Mr. Lovely replied that he had drawn up a plan and put stakes
on but that he had not heard back from the Planning Department.
John Vallis stated that he had been trying arrange a time to
meet with him to review the plans. They set a meeting for
Saturday January 13, 1990 at 11 :00 A.M.
• Mr. Ray Ouellette asked why the City of Salem was not being
required to provide the requested information as well since
they are an abutter as well. John Vallis stated that the letter
requesting the information would go to the City Solicitor.
Mr. Ouellette asked why the City surveyors could not do the
surveying. John Vallis stated that the City Surveyors cannot
survey private property, and that the plans submitted must be
by a certified engineer.
Mr. Raby stated that he knows where his property line are and
does not see why he should pay someone to tell him that. He
stated that he had the deed to his property. George Ahmed
explained that the deed to the property does not identify the
house or the boundary lines in relation to the wetlands area
and the Commission needs that information.
Mr. Ouellette questioned why Mr. Raby should have to pay for
the survey if other people are doing the dumping. Chairman
Vallis stated that it is the responsibility of the owner to
provide the Commission with the requested information. He also
suggested that they have whoever is going to do the survey
contact the Planning Department before they proceed to see
exactly what is needed.
• 2
• Mr. Raby asked who would reimburse him for the survey if it
is found that he is not in violation. John Vallis stated that
it would be cheaper to have the survey done that to have the
Commission prove it.
Kathy Winn stated that she has a list of wetlands consultants
that are in the area. She also noted that no particular firm
is recommended over another.
George Ahmed suggest that they look around and check out the
fees charged by the various firms before proceeding.
John Vallis suggested that the Commission should receive a
progress report at the February 22, 1990 meeting on the status
of the surveys.
OLD/NEW BUSINESS
The members of the Commission discussed a site visit held on
Pierce Road with regard to Joyce Salvo' s proposal.
Fred Harney recused himself from discussion of this matter.
George Ahmed asked about the consent of the applicant to continue
the public hearing on the matter. Kathy Winn stated that the
• letter had been returned signed by Ms. Salvo.
George Ahmed also requested some legal input as to what plans
the City of Salem might have to develop the area. John Vallis
stated that they could ask the City Solicitor for an opinion.
He questioned whether the city could just proceed, as the State
does when the build, or whether they would have to go through
the proper channels. Kathy Winn stated that she did not think
that the city had any plans at the present time.
George Ahmed also suggested that perhaps it should be required
that trees be planted that would attract wildlife. He stated
that this would be an opportunity for the Commission to ensure
that the wildlife remains in the area.
George Ahmed also asked if the covenant that was discussed in
the proposal to prevent further building would be legally
binding. John Vallis stated that it would be until it is
released which would have to be done by the Conservation
Commission.
George Ahmed suggested that he would like to see the roadway
around the perimeter of the property rather than where it is
proposed.
• 3
• John Vallis stated that he did not feel that there was enough
information given for a favorable decision on the application
as far as the Conservation Commission is concerned.
George Ahmed stated that he felt that the Commission should
consider what is in the best interest of Conservation and not
the neighbors.
Richard Femino stated that he did not feel that there would
be much more impact by the proposal .
Kathy Winn stated that they filed an environmental impact report.
John Vallis reviewed the report and stated that it concludes
that it is IEP' s professional opinion that no adverse impact
should occur on the on site salt marsh or fresh marsh during
or after construction.
The members reviewed the plans submitted to the Commission for
approval.
The possibility of changing the roadway was discussed by the
members. John Vallis stated that the focus of the Commission
should be on the plans submitted for approval, and a decision
should be made on those. He noted that they could file a
significantly different plan in the future if the plan is not
• approved.
Richard Femino asked if the Fire Department would have enough
room to turnaround on the road. George Ahmed stated that the
hoses could reach from the street and the trucks would not have
to go down there.
John Vallis asked all members to review the file and the plans
before the next meeting.
John Bleiler arrived at the meeting at this time. He stated
that he is concerned about how close it is to the wetlands,
and noted that a salt marsh is a sensitive area. He also stated
that he would like to see the road out back.
John Vallis suggested that perhaps the Commission should request
moire information concerning items such as salting the roadway,
wildlife and the planting of bushes. He also suggested that
the members be ready to vote on the matter at the next meeting.
He noted that the Commission should concentrate on the
application submitted to them and not the possibility of other
plans.
George Ahmed stated that he would like to hear from the City
Solicitor regarding the ownership of the roadway
• 4
APPROVAL OF MINUTES
Motion made by George Ahmed to approve the minutes of the Meeting
of December 28, 1989, seconded by Richard Femino 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,
seconded by Bob Crowley and approved unanimously.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
•
• 5
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JANUARY 25, 1990
A regular meeting of the 'Salem Conservation Commission was held
on Thursday, January 25, 1990 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, Martha Hogan, Richard
Femino, George Ahmed, Bob Crowley, Fred Harney, John Bleiler,
Conservation Administrator Kathy Winn, 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 BY JOYCE SALVO - PIERCE ROAD
Fred Harney recused himself from the discussion of this matter
and left the conference room.
Joyce Salvo addressed the Commission and requested that the
Public Hearing be continued until February 22, 1990, so that
she could have more time to consult with her engineer on the
proposal.
Neighbors in attendance at the meeting were opposed to the
continuation of the Public Hearing until February 22, because
that week is school vacation week and many of them would be
unable to attend the meeting. Ms. Salvo suggested that the
hearing be continued until March 8, 1990 as she is under no
time constraints.
Motion made by Richard Femino to continue the Public Hearing
until March 8, 1990, seconded by George Ahmed and approved
unanimously.
Mr. Bob Mackey questioned if someone can build 100 feet from
the wetland. John Vallis explained the rule to Mr. Mackey that
you can build in the wetlands provided that adequate protection
is given the wetlands.
Mr. Tony Zarkades stated that the location of the houses that
were shown on the plans submitted were not staked out identical
to the plan. John Vallis stated that the property was staked
to familiarize the Commission with the area and that they could
be amended or altered. Steve Salvo stated that the stakes were
not as shown on the plan.
Kathy O'Donnell asked if the Commission had recieved a letter
from the Salem Police Traffic Division stating that the
. department is opposed to the curb cut on Loring avenue. Kathy
Winn stated that she had the letter and showed a copy to the
1
• Commission.
Chairman Vallis informed the neighbors in attendance that the
Commission has continued the Public Hearing until March 8, 1990
and that there concerns could be discussed at that time.
DETERMINATION OF APPLICABILITY- ROBERT GROSZYK, 46 CROWDIS STREET
Mr. Groszyk addressed the Commission and showed them the plans
of the work that has already been done. He pointed out the
wetland and the lowest point. He noted that he needs to put
in more better quality gravel and seed the area. He also plans
to install a chain link fence at the back of the property.
Kathy Winn stated that she and Will Beaulieu have been out to
the sight and she felt that everything was all right. She noted
that the neighbors had some concern that some boulders could
fall into the pond. Mr. Groszyk stated that they could be
removed.
Chairman Vallis stated that he felt that sight visit would be
in order.
Motion made by George Ahmed to hold a site visit at 46 Crowdis
Street on Saturday, January 27, 1990 at 9:30 A.M. , seconded
• by Richard Femino and approved unanimously.
OLD/NEW BUSINESS
John Vallis reported that he had met with Steve Lovely concerning
the fence he plans to install. He stated that the ground is
frozen and weather permitting the temporary fence will be
installed as soon as possible. He also noted that Mr. Lovely
and his Attorney Jack Keilty discussed the survey situation
and that Mr. Lovely is planning to have Eastern Land Survey
do the survey.
Fred Harney reported that the tidal gates are slipping. Kathy
Winn will check with George Whittie about them.
Kathy Winn stated that Collins Cove Condominium Trust has hired
Gulf of Maine Research Inc. and that they had submitted an
amended Notice of Intent.
Kathy Winn also stated that a Notice of Intent has been filed
by MWRA and the town of Marblehead and it will be on the March
8, 1990 agenda.
John Bleiler arrived at the meeting, and Chairman Vallis reviewed
the matters that were addressed for him.
2
• APPROVAL OF MINUTES
Motion made by Bob Crowley to approve the minutes of the meeting
of January 11 , 1990, seconded by Martha Hogan and approved
unanimously.
Motion made by Bob Crowley to adjourn the meeting, seconded
by Martha Hogan and approved unanimously.
The meeting was adjourned at 8:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
•
• 3
I
A
' SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
FEBRUARY 8, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday February 8, 1990 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, George Ahmed, Bob Crowley,
Fred Harney, and Martha Hogan. Also present were Debra Hurlburt
of the Salem Planning Department and Eileen Sacco, Clerk.
The meeting was called to order at 7:30 P.M. by John Vallis
Chairman.
PRESENTATION - 1 PEABODY STREET
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission with regards to 1 Peabody Street. He stated that
the property located at the corner of Lafayette Street at the
South River was once owned by Mass. Electric and there are
numerous underground tanks under the paving. He noted that
a portion of them are in the 100 ft. buffer zone. He explained
that they are requesting to go down and investigate them. He
noted that there are at least four tanks, and possibly could
• be as many as seven tanks. He stated that they intend to scrape
the hot top to locate the top of the tank and stick it to see
how much is in them. They will also collect samples of the
material to see what is in there. He stated that when the
results of this investigation are determined then they would
file a Notice of Intent to proceed.
John Vallis asked how the scrapings would be taken. Dr. Mulligan
stated that they would use a back hoe. He also noted that the
location is well "away from the river and that they would back
fill the hole when they finish the exploration.
George Ahmed asked if it is found that the tanks contain sand,
would it be necessary to remove them. Dr. Mulligan explained
that if they were filled with sand back then, they are probably
filled with dirty sand, noting that today tanks are emptied,
cleaned and then filled with sand, whereas before they were
not required to be cleaned.
There being no further questions or comments from the Commission
on this matter, a motion was made by George Ahmed to allow
limited excavation at 1 Peabody Street for the purpose of
locating tanks, in accordance with fire and DEP regulations,
seconded by Martha Hogan and approved unanimously
1
W
CONTINUED PUBLIC HEARING - COLLINS COVE CONDOMINIUM TRUST
• John Tangusso of the Collins Cove Condominium Trust addressed
the Commission and stated that at the Commission' s meeting on
December 14, they requested additional information concerning
their proposal to construct a pier. He noted that they have
revised their plans and that they have added to the drawings
a chain link fence across the front of the pier itself. He
also stated that the original plan called for Styrofoam to be
used for flotation and that now the plans call for the float
construction to be according to the standard of North Shore
Marine Inc. , and an alternative to styrofoam would be used.
He also noted that as of the December 14 meeting they had not
been issued a file number by DEP and that has since been issued
on December 19, 1989. He also stated that they have applied
for a waterways license.
John Vallis noted that at the December 14 meeting Commissioner
Richard Femino was concerned about the use of styrofoam. He
asked what the material proposed was. Phil Pelletier of N.
S. Marine addressed the Commission and stated that the material
he would use is called Polyfoam and is stryfofoam encased in
1 /8 inch thick plastic.
John Vallis asked if the Petroleum Distillates would affect
the water. Mr. Pelletier stated that they would not.
• George Ahmed requested that a sample of the Polyfoam could be
submitted to the Commission. Mr. Pelletier will send a sample
for the Commission' s review.
John Vallis recalled that there was some mention by Coastal
Zone Management about floats resting on the mud. A
representative of Gulf of Maine research Inc. stated that the
concern about floats resting on the mud is that it would disturb
any organisms living in the. mud, and while Coastal Zone
Management would like to see the floats not rest on the mud
there are no regulations concerning it.
John Vallis asked if the fence would be locked up. Mr. Tangusso
stated that it would be and pass keys would be given to the
residents of the Condominiums. John Vallis suggested that the
gate could be self locking.
George Ahmed asked if there would be any fueling at the pier.
Mr. Tangusso stated that there would not be any fueling. He
further noted that there would not be any electricity as well.
John Vallis suggested that the requested samples of the Polyfoam
and information on the wood to be used, be submitted to the
Commission and that an Order of Conditions could be issued at
the meeting of the Commission on February 22, 1990.
• 2
Mr. Tangusso noted that they would be having a Public Hearing
• with the Planning Board on February 15, and they would like
to settle the matter as soon as possible so that they can book
North Shore Marine for the project.
John Vallis suggested that a letter could be sent to the Planning
Board stating that an Order of Conditions is forth coming.
Motion made by George Ahmed to continue the matter until the
meeting of February 22, 1990, seconded by Bob Crowley and
approved unanimously.
OLD/NEW BUSINESS
Mr. Groszyk was present at the meeting concerning his
Determination of Applicability for 46 Crowdis Street. The
Commission held a site visit to the property on January 27,
1990.
Fred Harney stated that he thought they should try to get the
slope to 2 to 1 and that some of the boulders should be pulled
back. It was also noted that the area should be loomed and
seeded to prevent erosion.
Mr. Groszyk stated that he would install haybails. He also
noted that the looming and seeding could not be done until the
• spring.
George Ahmed stated that the weather is breaking and that the
boulders could be removed and haybails could be placed.
John Vallis suggested that a Negative Determination with
Conditions could be made.
Motion made by George Ahmed for a Negative Determination with
the following conditions:
1 . That haybails be placed.
2 . Loose boulders shall be removed.
3 . That a 2 to 1 slope be attained on new fill.
4. That in the spring the slope beyond the fence will be loomed
and seeded.
5. That the area will be graded to prevent any further erosion.
6. That this project shall be turned over to the Clerk of the
Works if the Commission feels that it is necessary.
7. No trash shall be accumulated on the site of the proposed
• fence.
3
• 8. That the same grade be maintained.
Motion was seconded by Martha Hogan and approved unanimously.
John Vallis stated that Attorney John Crean had contacted him.
He is representing Donald Emmerton in the Story Street problem.
John Vallis stated that Atty. Crean asked if the Commission
would be interested in purchasing the property in question from
Mr. Emmerton for gratis. John Vallis stated that he told Atty.
Crean that he thought that would be OK as long as there is
nothing toxic on the property.
APPROVAL OF MINUTES
Motion made by Martha Hogan to approve the Minutes of the meeting
of January 25, 1990, seconded by George Ahmed and approved
unanimously.
There being no further matter to come before the Commission
at this meeting, a motion was made by George Ahmed to adjourn
the meeting, seconded by Fred Harney and approved unanimously.
The meeting was adjourned at 8:50 P.M.
• RESPECTFULLY SUBMITTED BY:
acc�
EIL EN M. SACCO, CLERK
CCO20890
• 4
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
TAU^SDAY, FEBRUARY 22, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 22, 1990 , at 7 : 30 P..-v1. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, George Ahmed, John Bleiler,
Bob Crowley, and Fred Harney. Also present were Nathv Winn,
Conservation Administrator, Debra Hurlburt of the Salem Planning
Department, and Eileen Sacco, Clerk.
The meeting was called to order at 7: 30 P.M. by the Chairman
John Vallis .
CONTINUED PUBLIC NEARI1G - NOTICr OF INTEPIT COLLINS COVE
CONDOMINIUM TRUST
John Bleiler recused himself from discussion of this matter.
There being only four members Present for this discussion,
Chairman John Vallis informed the representative of the Collins
Cove Condominium Trust that since Por. Bleiler recused himself
• from the matter, the Commission now had the minimus; requirement
for a quorum and that if all members did not vote if favor of
the application it would be denied. fie informed them that they
had the option of postponing their request until another meeting
if they so choose. He also noted that if the application was
denied, they would have to re-file it.
The representatives agreed to go ahead and discuss the matter.
John Vallis reviewed a proposed draft of an Order of Conditions
for the construction of a Pier at the Collins Cove Condominiums .
George Ahmed suggested amending 117 to read Fueling and/or
refueling shall be prohibited.
John Vallis suggested that the Commission add 1` 12 to the
Conditions to read that all work shall be in compliance with
the City of Salem Planning Board requirements and Board of Health
requirements .
John Vallis also suggested that 1',113 be added to read spacing
between the planking shall be maintained at 1 inch spacing to
address the light penetration concerns of the Audubon society.
There being no further questions or comments from the Commission,
a motion was made by Bob Crowley to approve the Notice of Intent
. for the construction of a Pier at Collins Cove Condominiums ,
seconded by Fred Barney and approved unanimously.
1
• Motion made by Fred Harney to approve the Order of Conditions
as amended seconded by Bob Crowley and approved unanimously
NOTICE OF INTENT - GIBBS OIL - PUBLIC HEARING
John Bleiler recused himself from discussion of this matter.
or . Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission on behalf of Gibbs Oil Company. He referred to a
letter to the Conservation Commission from City of Salem Fire
Marshall Robert 41. Turner explaining the necessity of proceeding
with the work at the Gibbs Self Service Gas Station on 295 Derby
Street. lie noted that while performing a tightness test as
required by law it was discovered that an accumulation of
gasoline was found in the ground water surrounding the tank
fills . When the tops of the two tanks being tested were
uncovered to make a visual inspection of the piping connections,
the buoyancy of the empty tanks caused the hold downs for the
tanks to release which caused the tank to rise in the high ground
water, which was caused by the anchor bolts pulling away from
an improperly cured concrete bottom pad beneath the tanks .
Dr. ?Mulligan stated that. Captain Turner ordered the immediate
removal of the tanks in an effort to mitigate the effects of
the spill and reduce the possibility of fire or explosion.
• Dr. ?Mulligan showed the Commission a flood map showing the
location of the gas station. He noted that part of the site
is within the 100 foot buffer zone and the land is subject to
coastal storm floage regulations
Dennis Fields a representative of Gibbs Oil was present at the
meeting to answer questions concerning the work. IIe noted that
when the Fire Department was asked about the approval process
for the project, the Conservation Commission was not mentioned .
lie also noted that the new tanks to be installed would be
monitored.
Dr. Mulligan stated that due to the nature of the situation
an exemption from a discharge permit was granted.
John Vallis asked if the project was still considered an
emergency at this time. Dr. Mulligan stated that the project
is mostly completed except for the removal of stockpiled soil
which is on the site and is being tested so that it can be
removed.
George Ahmed asked about the life expectancy of the tanks being
installed. Mr. Fields stated that the life expectancy is about
30 years, however they replace them about every 15 years because
new products come out which are more efficient. He noted that
qp the tanks were purchased from Owens Corning. He also stated
that as built plans would be submitted to the Planning
2
• Deoartment .
John Vallis stated that he was perturbed that the Commission
was not notified of the situation in a more timely manner,
although it was an emergency situation.
George Ahmed asked if the Commission wanted to attach any
additional conditions to the approval . Bob Crowley stated that
he thought evervthing was covered.
George Ahmed stated that he would like the Commission notified
of any future wort: at the site including the removal of the
stockpiled soil on the premises .
John Vallis asked about the time frame for the removal of the
stockpile. Mr. Fields stated that DEP needs to approve the
removal and that could take 3 to 5 weeks .
George Ahmed asked if the slope in the hack of the property
would change. `1r. Fields replied that it would not.
There being no further questions or comments from the Commission,
a motion was made by George Ahmed to approve the Notice of
Intent, seconded by Fred Harney and approved unanimously
• Motion made by Bob Crowley to attach the following conditions
to the Order of Conditions:
1 . That the Conservation Commission be notified of any
site preparation prior to commencement of the work.
2 . That the stock pile be removed as soon as possible and
maintained in a non leeching manner.
3 . That the land in the rear of the property be brought
back to the level of the topography prior to the stock
pile.
Motion seconded by Fred Harney and approved unanimously.
PROGRESS REPORT ON STORY STREET VIOLATIONS.
Attorney Jack Keilty was present at the meeting on behalf
of his client Steve Lovely. He also noted that he had been
asked by Mr. Raby to represent him, however he said that
there may be a conflict there and he would investigate it
further and make a decision whether to represent him or
refer him to another Attorney.
Atty. Keilty reported that they have retained Eastern Land
Survey to fulfill the requirements of the Commission. He
• stated that their testing could determine the original grade
of the property, identify vegetation, and see what has been
3
added to the property and document it. He also noted that
• they are ready to proceed and could be ready to report at
the meeting of the Commission on March 3, 1990 .
George Ahmed requested that stakes be placed to identify_
property lines .
John Bleiler asked if preliminary observations indicated
if the area was in the buffer zone or encroaching on the
wetlands . Atty. Keilty stated that he noted some vegetation
but was not sure what was there.
John Vallis asked about the status of the temporary fencing
that Mr. Lovely was going to out up. Atty. Keilty stated
that he did not know but would find out.
John Vallis noted that the City of Salem DPW has been
notified to delineate the Citv land in the area and asked
Atty. Keilty to keep the message strong that the Commission
is not out to get anyone and only wants to solve the problem.
Fred Harney stated that he wants the City of Salem DPW to
understand that the City had a responsibility there as well
as the neighbors .
John Bleiler suggested that the Commission may want a
representative to be present on the site the day of the
• drilling. Atty. Keilty will notify Kathy Winn when it is
to take place.
Atty. Keilty will notify the Commission regarding his status
as Mr. Baby ' s Attorney.
OLD/NEW BUSINESS
Kathy Minn reported that Joyce Salvo has revised her plans
for Pierce Road and will be present at the nest meeting
to present them.
George Ahmed asked about the status of the fill going on
down on Commercial Street. Kathy Winn will check on the
matter and report to the Commission.
John Vallis reported that the Marblehead Conservation
Commission had listed items that need to be completed in
the newspaper to remind people that they need to get
Certificate of Compliance to complete projects . The
Commission discussed the possibility of doing that.
John Vallis noted that the comment period for the SESD
Secondary Sewerage Treatment Plant is in effect and that
the Commission should comment, with a letter to the Secretary
of Environmental Resources. It was agreed that the
• Commission should comment on the project.
4
Y
• APPROVAL OF MINUTES
The minutes to the meeting of February 3, 1990 were presented
for approval. Motion made by Bob Crowley to approve the
minutes of the meeting of February 3, 1990 , seconded by
George Ahmed and approved unanimously.
Motion made by John Sleiler to adjourn the meeting seconded
by Fred Harney and approved unanimously.
The meeting was adjourned at 9 : 45 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CCO22290
•
5
• SALE" CONSERVATION COMMISSION -
,1INUTES OF MEETING
`_'HURSDAY, :!ARCH 3 , 1990
A regular meeting of the Salem Conservation Commission was held
on '^hursday, Parch 3, 1990 at 7 : 30 P.M. in the second floor
conference room at One Salem green.
Present were: Chairman John Vallis , George Ahmed, John 3leiler,
Bob Crowley, Richard Femino, and Fred Harnev. Also present
were Conservation Administrator Kathy Winn, Debra Hurlburt of
the Salem Planning Department, and Eileen Sacco, Clerk.
CONTINUED PUBLIC HEARING - i!OTICE OF INTENT BY JOYCE SALVO FOR
PIERCE : OAD
Commission member Fred Harney recused himself from discussion
of this :natter.
Chairman John Vallis read a letter from Joyce Salvo to the
Commission, (A copy of this letter is attached to these minutes )
advising them of the charges that she has made to her original
proposal to construct two homes along the Forest River salt
marsh.
• Joyce Salvo addressed the Commission and read a list of items
that she would adhere to with the approval of the Commission
if her nronosal is aporoved. She also showed the Commission
photoaraohs of the proposed location for a 16 ' driveway rather
than the proposed development of Pierce Road.
Chairman John Vallis asked Pts . Salvo how much activity would
take place in the buffer zone with the new proposed driveway
:is . :salvo stated that the area is not in the salt marsh buffer
zone and the area for the driveway is a lower quality atypical
wetland as reports by IEP state. She referred to a report from
IEP.
John Gleiler pointed out that the area in question is considered
a bordering vegetated wetland and not an isolated wetland.
John Bleiler also asked what direction the runoff from the
driveway would go. Ms . Salvo stated that the runoff would go
toward the driveway.
John Vallis stated that during the site visit he noticed a
significant amount of wildlife in the area . `Is . Salvo stated
that she intends to have hay bails placed and fabric filter
fences used to protect the wildlife and the area during
construction.
• Ms . Salvo also noted that at the present time there is a lot
1
of Qebris on her nronerty and showpci the commission paotoCraphs
of the property with trash and other items on it.
Georae Ahmed asked :?hat tvne of tree would ')e used as shown
on the olan. 9's . Salvo stated that she would have to consult
with the landscaper.
George Ahmed also asked if the studv conducted '.?y IP addressed
the bituminous driveway in the present proposed plan. '?s . Salvo
stated that the driveway had not been considered in the study,
only the original plan to develop Pierce road.
Steve Salvo addressed the Commission and stated that I^P did
thorough research at the time and that lint pack had been
considered, as opposed to hot top out of consideration for the
salt marsh buffer zone. Ile stated that lie did not think that
the hot top mould be a determent to the area and noted that
the use of bituminous concrete was planned at the renuest of
Captain ^urner of the Fire nenartment.
ichard Femino stated that he would rather -lee hot top with
safe nuards used.
John Vallis asked what kind of solid fill Mould the needed for
the construction. ?.1s . Salvo stated that they will need to fill
down to the frost line with gravel and that the livable portion
• of the homes would be five feet above the foundation.
George Ahmed asked if T1s. Salvo knew the percentage of runoff
before the construction of the homes and the impact that they
will have on the runoff in the area.
Steve Salvo stated that the or000sed homes would not interfere
with the runoff in the area.
John Vallis asked how they would maintain the Private way.
Ms . Salvo stated that snow plowing would be their responsibility
and that they would use sand rather than salt on the driveway.
_.ichard Femino suggested that Plants could be used below the
houses for drainage control. She also stated that lie li!. ed
this plan better than the original plan.
John Vallis stated that he felt that there is a difference in
the storm damage Prevention in that IEP stated that the marsh
can be considered significant and the new plans were not
considered in the study that determined that.
George Ahmed asked if the gutters and dry wells proposed are
an aooroved size. -im Salvo stated that they_ would be
proportionate to the size of the houses .
• Chairman Vallis asked if there were any other questions from
2
the Commission concerninrt the pronosed »laps .
There being none, Chairman Vallis asked, if tier^ was anyone
present at the meeting who •.lisped to spew.: in -favor or oonosition
to the proposal.
Jean '.cCarthv of 10 ,3uchanan ;'.oad addressed the Commission and
stated that he has concerns about the driveway as it apnears
on the olans . lie noted that it looks li!:c it backs right up
to his property, rather than extend five feet to the end of
the Salvo property. tle also stated that he was concerned about
the fact that there is no csesign for the houses at this time
and felt that he did not feel that the Commission could aporove
the proposal without that information.
Tim Salvo addressed Ir. ticCarthv ' s concerns . :!e stated that
pronosed drivewav would extend the -full length of the nronerty
and that the elan (4.oes loo:: lice it stoos 1)ut assured 1!r.
'!cCarthv that the five feet extends to the end of the property .
ilc also stated that althougn the d.esicn of the homes have riot
been decided at the present the location or, them would not ')e
altered very_ much. !'e noted that the plans sho%: the ;louses
to scale.
John Vallis questioned %Ir. Salvo ' s statement that the location
• of the homes would not change very much. 'Ir. Salvo stated that
the location of his house may change slightly but that if there
were any changes to be made they would come to the commission
before any changes were made.
Robert - ackey of 8 ruchanan !toad stated that he resented :is.
Salvo' s statement that her property was hning used. liumoing
Rround. He stated that the students of Salem State College
leave a lot of trash around. 'le also stated that !ic cut (.lo%in
some sumac that was encroaching on his property . :Is. Salvo
stated that she did not name anyone in connection with her
statement concerning dumping.
Ellen Gallagher of 22 Cleveland Poad stated that the
Massachusetts Association of Conservation Commissions have
or000sed an Executive Order which would preserve the remaining
wetlands in the state. She referred to an article in the Sunday
3oston Globe, and noted that although the proposal is not law
she felt that it was valuable information for this discussion.
Arthur Zarkades of q Buchanan aoad expressed his concerns about
an asohalt driveway. lie also told the Commission that he had
photographs showing wildlife in the area. Mr. zarkades also
stated that he has concerns about the curb cut on Loring Avenue.
Diane Bogan of Loring Avenue stated that she previously lived
• at 8 nuchanan Road and she was against this proposal because
of the effect that it would have on the area. She stated that
3
• the Geograohv Deoartment at Salem State College uses that area
to study and observe wildlife. She also stated that she had
observed ducks migrating in the area.
Jane '•lackey of 8 Buchanan Road stated that there are pheasants
nesting in the area. She also added that the nesting period
is going on at the present time.
Fred Sullivan of the Marblehead Conservation Commission addressed
the Commission and stated that the area is extremely significant
for wildlife. He stated that he has walked the area many times
and he fails to see how anything can be built that would not
disturb the wetlands . He also noted that the location is
considered the only estuary of any significance on the North
Shore between here and Revere. Mr. Sullivan also cited examples
of wildlife that could be in the area.
Randall .Ieiting of 14 Buchanan Road asked to review the plans .
lie noted veQ_etation and the closeness of the proposal to the
wetlands .
John rleiler stated that he did not feel that wetland delineation
was as important as some of the other issues.
Richard Femino asked Mr. Weiting how big his back yard was.
• Mr. Weiting stated that it is 19, 000 s.f. and goes into the
paper street. Richard Femino stated that he felt that the house
would have the same effect on the wildlife as the lawn does,
and the environmental impact on the wildlife would not be great.
He suggested that the wildlife would move.
Ellen Gallagher addressed the Commission again and stated that
according to the Boston Globe article that she had, there have
been many decisions and mistakes made with regards to the
wetlands in the state that have led to the decrease in them.
Kathy O'Donnell of 18 Buchanan Road stated that she agreed with
Mr. Sullivan and is opposed to this proposal. She stated that
she would like to see what is there preserved.
Chairman John Vallis asked if anyone else wished to speak on
the subject. There being no response he asked Ms. Salvo if
she would like to make a closing statement.
Ms. Salvo stated that she has spent a great deal of money
developing and amending her plans. She noted that this is not
a big development and it is not being built for profit.
There being no further discussion of the matter, a motion was
made by George Ahmed to close the Public Hearing, seconded by
John Bleiler, and approved unanimously
• John Vallis asked Ms. Salvo about her plans to subdivide the
4
lots . Is . Salvo stated that lot : 316 will convey 9 , 000 s . f.
to lot : 317 to ma'.:e that lot 15 , 213 s . f .
Chairman John Vallis reminded Commission '.,;embers of the
jurisdiction of the Commission and to consider the information
-)resented in their decision of this :natter.
aichard Pemino stated that the Commission should act on what
is there. T!e also stated that he got the feeling that the
neighbors did not runt anything at all built there.
John -Dleiler stated that there is a salt marsh in the area and
the job of the Commission is to protect the wetlands in
accordance with the Wetlands Protection Act and the City of
Salem Ordinance, and cited state law. :!e also stated that he
felt that the apolicants had made a rood faith effort to protect
the area by moving the driveway, however !ie has a problem seeing
develooment near wetlands . IIe noted wildlife and marine
%isheries are in the area and that with caving there mould be
a pollution concern due to the runoff . 'le also commended the
applicant for the effort made to present an environmentally
sound oroposal .
Georce Ahmed suggested that there would be less of an impact
on the area if only 1 house was built. ,John Vallis agreed but
noted that the oronosal before the Commission was for 2 houses .
• Georae .Ahmed stated that he would like some more time to consider
the nronosal .
John Vallis stated that the Commission has 21 days to render
a decision after the close of the Public !tearing.
^.ichard remino stated that the environmental impact report was
not correct since it did not address the impact of the or000sed
d.riveway. '!e stated that he would li!:e to !cnow the impact .
Chairman John Vallis asked for a motion in the affirmative on
the oronosal.
`lotion made by George Ahmed to approve the notice of Intent
for Joyce Salvo, seconded by Bob Crowley, and approved
unanimously.
Chairman 'lallis asked for discussion on the motion.
^ichard Pemino stated that he felt that the Commission has looked
at the n_ lans and laws and felt that the law was being adhered
to ,e noted that the IEP report speaks to rare species of
wildlife and that he did not feel that the proposal could be
denied based on the report.
• John Bleiler noted that in the past the Commission has gone
5
• on record to protect the area demonstratinn a commitment to
preserving the area.
There being no further discussion on the motion, Chairman Vallis
called for a roll call vote on the motion as follows:
George Ahmed ------YES
John Bleiler ------NO
Bob Crowley -------NO
Richard Femino ----YES
John Vallis -------NO
With all members present voting the vote was 3 members voting
NO and 2 members voting YES . The motion was denied.
Chairman Vallis informed Pts . Salvo that she could appeal the
decision of the Commission to the Department of Environmental
Protection.
NOTICE OF INTENT - TOf4N OF MARBLEHEAD AND -V..-!RA
Fred Brandon of MURA, Doug Peed of SEA Consultants , Dana Snow,
Wilbur Bassett, and Charles Segal of the Marblehead Water and
Sewer Commission were present at the meeting to request approval
of an abbreviated Notice of Intent for the installation of
• testing wells to conduct a pumping test for the purpose of
qualifying groundwater availability.
Doug Reed addressed the Commission and explained that the area
off Loring Avenue near Leggs !fill Road was formerly the water
supply for the Town of Marblehead and that they are requesting
to install test wells that Mould be 3" in diameter and perform
pumping tests . tie stated that they would be numpinq 350 gallons
of water per minute, 24 hours a day for 5 days . He noted that
the purpose of the test is to see the amount of water on the
site for the possible future use of it to supplement the Town
of Marblehead water supply .
John Vallis clarified that this proposal was only for testing
and that the placing of any permanent wells on the site would
require additional review by the Commission.
George Ahmed asked when they propose to do the testing. Mr•
Reed stated that it would be done in late may or early June.
Bob Crowley asked if they could use the old well head that is
there. Mr. Reed stated that they could but that they want to
get further away.
John Bleiler asked if hay. bails could withstand a half a million
• gallons of water a day. Mr. Peed stated that the hay bails
would be staked.
6
• John Vallis asked �.ohat !:ind of vehicle Would be used on the
pronertv. Mr. "eed stated that a 25 foot loner true!: With a
derric'.: and a generator would '•.ie used.
John Pleiler suggested that the Commission have a site visit
before making a decision.
Chairman Vallis asked if there was anyone in attendance at the
meeting who wished to speak on the matter.
Sheila Wholley of 9 Linden Avenue asked if the Town of Narblehead
does use this as a coater supply can they anticipate building
on the oroperty.
John Vallis stated that this proposal was only to determine
the feasibility of the use as a water supply.
Stephen Doucette of 454 Loring Avenue asked to I.)e notified of
the site visit . Ne also e:,nressed his concerns about numping
the water 24 hours a day noting that there arc many children
in the area. 'Ie also asked how close the generator would i)e
to the road.
Mrs . r:!holley stated that she thought that the City of Salem
leased the property to the Toon of 'Iarblehead. Dana Snow stated
• that the Town of 'larblehead owns the property out right and
pays taxes .to the City of Salem.
Jim Kiernan of Linden Avenue stated that he was concerned about
the noise factor that the pumning would cause. Fie also asked
if the level of the pond would be maintained.
There being no further discussion on the :natter at this time
a motion was made by Fred Marney to Continue the Public He arinq
to a future meeting of the Commission after a site visit is
made by the Commission to property, seconded by Pob Crowley
and approved unanimously.
The Commission scheduled a site visit to the property for
Saturday, ::arch 24 , 1990 at 9 : 00 A.:I. Letters will ae sent
out to the owners of the property abutting the site, notifying
them of the Site Visit.
PROGRESS REPORT - STORY STREET VIOLATIONS
Attornev Jack Keilty representing Steve Lovely and ?:r. P.aby
addressed the Commission to give a progress report on the status
of the determination of fill on his clients property. Atty.
Neilty stated that Eastern Land Survey has completed its survey
of Mr. Lovely ' s property and they are in the process of surveying
Mr. Baby ' s land. He requested to address the Commission at
their next meeting on the status of Mr. P.aby' s property.
7
• Attornev .%eilty stated that they used a plan done by
Engineering dated September 12 , 1988 as the basis for the survey.
He noted that they identified the area of fill , and presented
the Commission with a letter from the Fafard Company indicating
that Mr. Lovely had trucked the fill from their job site on
Highland Avenue. He also stated that Mr. Lovely plans to olant
and seed his property, and would file a Notice of Intent to
accomolish that.
George Ahmed asked if the fill was all clean fill. Attorney
Keilty stated that it was . He also stated that he hoped that
test boring would not be necessary since they cost 5800 .00 per
day.
John Bleiler asked if T & 111 Engineering had previously flagged
the wetland. Attorney Keilty stated that thev had.
Fred Harney asked about the status of the temporary fence that
Mr. Lovely was supposed to put up. Attorney Keilty mill chec}:
on that matter.
George Ahmed clarified that this report was only for Mr. Lovely ' s
property at this time.
John Bleiler suggested that the Commission wait until they have
• the results from all parties before going any further with the
matter. He also stated that the Commission had seen photographs
of illegal fill during previous discussions of this matter.
Attorney Keilty stated that at this point what has been examined
is all clean fill . He suggested that if the Commission requires
a filing of a Notice of Intent that the Commission could view
the property again.
It was suggested that if test borings are required perhaps the
cost could be split.
Motion made by John Bleiler to require a Notice of Intent be
filed for the placement of the fill on Mr. Lovely' s property,
seconded by Richard Femino.
George Ahmed stated that he felt that requiring a Notice of
Intent at this time was premature, and noted that he would like
to continue the matter for a couple of Meeks until more
information is received.
John Bleiler withdrew his motion.
The Commission agreed to continue the matter for two weeks at
which time the results of Mr. Raby ' s survey will be presented.
•
8
''10^•ICE OF !=E-IT - r.::0r.::07=1O1 ?E-ARMY C00?E7ATIV-_ ^AHl ' - 1 ?7A7130DY
E 7
John Dleiler recused himself from discussion of this : att•or.
Dr. ::ugh '[ulligan of Gulf of :laine P.esearch Inc. addressed the
Commission on behalf of the George Peabodv Coonerative Dani;,
concerning their Iotice of Intent to remove four storage tanks
and one casoline tank found on the property. Or. *9ullican had
discussed this at the February 3, 1990 :meeting and received
anoroval from the Commission to perform exaloratory test on
the nrooert,i. t1e reported that their intent was to open the
tanks to check for the presence of chemicals , but ')ecause of
generators and transformers previously on the site in the oast
there was an indication that 2, C3' s might be found. hie reported
that no PC"I' s were found, ')ut a little ,`G fuel oil '.,as found
in the 20,000 Ballon tanks , which were low levels of volatile
orctanic compound.
i)r. :iulliaan also r•^_ported that clorinefeci hctwere
ere
found in the 1 , 000 gallon tank located close to the i�uilding.
He also noted that some contamination was found in the soil .
He further noted that they arc in the process of •betting 'aids
for the removal of the tanks .
• Dr. ' ulligan stated that thev thin]: they can get a permit to
filter the material found in the clean tanks and discharge it
into the South ;liver. He also noted that they have applied
to the State for a waiver to go ahead and clean up the area.
Motion made by Fred ]larney to continue the Public hearing to
the :�eeting of March 22 , 1990 , seconded by Sob Crowley and
approved unanimously.
32 "E^^ S 7= - CEPTI IC+'i^ OF COi4PLIAiICT1
I;athv Winn gave the Commission a letter requesting a Certificate
of Compliance for 012 I:ebb Street. John Vallis suggested that
the Commission should conduct a site visit before approving
the reauest. Kathv ':Jinn will notifv the Attornev.
OLD PUSINESS
LET= ^E: SESD ' s / MEPA' s SUBiMISSION
It was suggested that copies of the letter from the Commission
stating it ' s position be sent to Senator I:ennedy, Senator ?terry,
Senator Berry, the EPA, Governor Dukakis , Congressman PMavroules ,
City Planner William Luster, the Department of Environmental
Protection, and Coastal Zone :Management.
•
9
• APPROVAL OF INUT^S
The anoroval of the minutes to the meeting of February 22 , 1990
was nostnoned until the ::arch 22 , 1990 meeting so that the
Commission Members can review them.
There oeing no further nusiness to come before the Commission
at this meeting a motion to adjourn was made by Fred Marney,
seconded by George Ahmed and approved unanimously.
The meeting was adjourned at 11 : 30 P.M.
RESPECTFULLY SUBMITTED BY:
SACCO CLE;%TI
ICATIIY i'IIIN, CONSERVATION.
ADMIiIISTRATOP.
. CC030890
•
10
i
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
MARCH 22, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 22, 1990, 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, Fred Harney, and Martha Hogan. Also present were
Conservation Administrator Kathy Winn, and Debra Hurlburt of
the Salem Planning Department.
PUBLIC HEARING - NOTICE OF INTENT - SALEM HOSPITAL PARKING LOT
Commissioner John Bleiler recused himself from discussion of
this matter.
Attorney John Darling of Serafini, Serafini and Darling addressed
the Commission on behalf of his client Salem Hospital. He
informed the Commission that if they are planning to have a
site visit to the property, that Dr. Hugh Mulligan of Gulf of
Maine Research Inc. would be unavailable this coming Saturday,
but would be available at any other time to visit the site.
• Attorney Darling introduced Rob Leonard of Gulf of Maine Research
Inc. who was present at the meeting. He addressed the Commission
and presented the plans of Salem Hospital for the construction
of a parking lot. He explained that the lot would be built
on 4.48 acres of land and would accommodate 329 cars. He noted
that the area had been flagged in 1988 and had be reflagged
in February of 1990. Mr. Leonard also identified the wetlands
and the bordering vegetated wetlands for the Commission. He
explained that the activity proposed would take place in the
wetlands areas would be by the entrance and the North West Corner
of the property.
Mr. Leonard explained the drainage of the property and stated
that catch basins would be outfitted with MDC oil and grease
traps to prevent surface and groundwater contamination. He
also noted that a drainage report had been filed with the Notice
of Intent done by Earl Townsend and that the report stated that
the drainage was adequate.
In summary Mr. Leonard stated that there are no proposed
alterations to the wetlands and that appropriate erosion controls
would be taken using staked hay bails.
Richard Femino asked if the erosion control measures would be
set up prior to construction. Mr. Leonard stated that they
• would be set up prior to construction.
1
George Ahmed asked if what the total area being developed would
be. Mr. Leonard stated that it was 4 .48 acres. George Ahmed
also asked if they had any drawings which would show the
topography of the land before and after construction. Mr.
Leonard stated that he did not have them at this time.
. Fred Harney asked about the sizes of the catch basins. He noted
that they should be shown on the plan. Mr. Harney also asked
what the retaining wall would be made of. Mr. Leonard stated
that
George Ahmed asked if the surfacing of the lot would take away
from the natural drainage that is there now. He noted that
the water that falls there now is going to have to go somewhere,
and he would like to see the least amount of impact shown on
the plan. He noted that the plans do not satisfy him with
regards to drainage.
Fred Harney asked if curbing would be installed around the
parking lot. Mr. Leonard stated that he believed that there
would be, but noted that he was not sure what type.
John Vallis noted that the plan shows MDC gas traps and asked
if there was anything proposed to trap any existing runoff to
the area. Mr. Leonard explained the plans showing the basins
and the routes of the runoff.
• George Ahmed asked if the curbing would be to contain surface
runoff or would certain areas drain off the. parking lot into
the land. Mr. Leonard stated that he believed that it would
be curved.
Fred Harney asked if there was any blasting proposed for this
project. Mr. Leonard stated he did not believe so.
Mr. Leonard stated that the Commission seems to be concerned
with the drainage and that some of their concerns cannot be
sufficiently addressed with the information that they have.
He noted that the engineer stated in his report that the drainage
was adequate mostly because of the oversized flood river control.
He further stated that the information necessary to satisfy
the Commission's concerns could be obtained if they choose to
continue the Public Hearing.
Patricia Marcus of 9 Greenway Road asked to see the plans in
relation to Greenway Road.
George Ahmed asked what the number of automobiles that would
be on the Parking Lot per day would be. Mr. Leonard stated
that the lot could accommodate 329 cars but he did not know
if they would be there everyday.
• John Vallis asked if there where any plans for future development
of an area near the proposal. Representative of Salem Hospital
2
noted that not at this time.
Richard Femino asked if any problems had been encountered after
the completion of a similar project by North Shore Childrens
Hospital near the same area. Mr. Leonard stated that there
were no problems.
Fred Harney asked if they would hauling material in to the site.
Mr. Leonard stated that he did not know how much fill would
be needed.
John Vallis asked if the surface of the parking lot would be
asphalt. Mr. Leonard replied yes.
George Ahmed asked who the Contractor for the project would
be. Mr. Leonard stated that it would be Meridian Engineering
in Peabody. George Ahmed asked if the contractor could be
present at the site visit.
John Vallis asked if there was anyone present at the meeting
who wished to speak in favor or opposition to the proposal.
Roger Pelletier of 7 Kimball Road asked if the plans could be
submitted to the Army Corp of Engineers for review. John Vallis
stated that he did not think that this was the jurisdiction
• of the Army Corp of Engineers .
There being no further questions from those in attendance,
Chairman Vallis asked for a motion.
Motion made by George Ahmed to Continue the Public Hearing to
April 5, 1990, seconded by Richard Femino and approved
unanimously
Fred Harney requested that the engineer be present at the site
visit and notify them of the concerns of the Commission ahead
of time. He also stated that all drainage calculation be stamped
by a registered PE.
The site visit was scheduled for March 31 , 1990 at 9:00 A.M.
CONTINUED PUBLIC HEARING - 1 PEABODY STREET
John Bleiler again recused himself from discussion of this
matter.
Rob Leonard of Gulf of Maine Research Inc. addressed the
Commission and requested that they continue the Public Hearing
again until the next meeting of the Commission on April 5, 1990,
to give them time to complete testing and compile the
information.
• Motion made by George Ahmed to continue the Public Hearing
3
• regarding 1 Peabody Street until the next meeting of the
Commission on April 5, 1990, seconded by Fred Harney and approved
unanimously.
George Ahmed asked Mr. Leonard if he could update the Commission
on the status of the Gibbs Gas Station Project. Mr. Leonard
reported that the new tanks had been installed and the stock
pile of fill is still present on the site. He noted that they
are still awaiting approval from the State to remove the stock
pile and are in the process of finding a location to remove
it to. George Ahmed suggested that the Commission write a letter
to the State requesting that they expedite the approval process.
STORY STREET DISCUSSION
Attorney Jack Keilty addressed the Commission on behalf of his
clients Steven Lovely and Joseph Raby. He addressed them first
concerning Mr. Lovely' s property.
Atty. Keilty showed the Commission a plan that showed a profile
of the area indicating the original grade and the existing grade.
He also presented an affidavit from Mr. Lovely regarding the
fill that he removed from the Shaw's Supermarket Site. George
Ahmed asked Atty. Keilty who took the affidavit. Atty. Keilty
replied that he prepared it.
• Atty. Keilty noted that the subdivisions off of Jefferson were
filled to grade and that the properties on the other side of
Jefferson Avenue would be more representative of the grades
before the subdivision. He also noted that the property appears
to be about 38 feet from the resource areas, and that Mr. Mello
had based his depth on the T & M Engineering Plan of 1988.
Atty. Keilty informed the Commission that Mr. Lovely has not
yet authorized him to have test..'bprings taken on the property.
He stated that as he reported at the last meeting they are costly
and would cost about $800.00 for the day, and that if they could
avoid unnecessary expense they would like to. He suggested
that the Commission make a site visit to the property to see
the area and the fill that has been placed. He noted that Mr.
Lovely would like to grade out the property and stabilize it
to plant and seed it. He statedithat he has suggested hydroseed
to him so that it would take.
Atty. Keilty also reported that he had spoken to Mr. Paul Summer
and that he had been to the site. He stated that they discussed
the effects of asphalt on the environment and that depending
on the volume of it and the exposure of the surface, water could
carry petroleum by products to the wetlands. In summary Atty.
Keilty stated that as he sees it: there are two options which
• could be taken, one being to )stabilize the fill and plant and
seed it or capping the area with clay on the top and the sides
which would require the use of rip rap and a different grade
4
so that the sides would stay in place.
Atty. Keilty addressed the Commission on the status of Mr. Raby's
property. He noted that Mr. Raby is a fixed income retiree,
and wished that the Commission would come and see his land.
Atty. Keilty showed the Commission a diagram of Mr. Raby's land
and noted that Mr. Raby claims he owns a portion of land out
to the paper street, be that he had not seen the deed and would
have to check that out.
Atty. Keilty stated that Mr. Raby had intentionally filled some
of the property but that unauthorized fill had also been dumped
there and Mr. Raby claims he does not know who dumped it. He
also noted that he did not feel that Mr. Raby had made an attempt
to stop the dumping since he seems happy with the grade that
is there now. Atty. Keilty also noted that he had informed
Mr. Raby that even though he did not dump the material himself
he is stuck with it and if the Conservation Commission sees
fit to have him remove it they can order him to remove it.
John Bleiler asked Atty. Keilty where Mr. Raby's land was in
relation to the wetland. Atty. Keilty refereed to the plan
and stated that if it is true that Mr. Raby owns out to the
paper street, he has done work in an area which is in the
jurisdiction of the Conservation Commission. He also suggested
• that vegetation has taken root on Mr. Raby's property and that
the fill does not appear to be as recent as Mr. Lovely 's fill.
Atty. Keilty suggested that if the fill were to be removed there
would still be the runoff from the other streets. He noted
that he felt that aggressive planting and seeding would create
vegetation that would act as a filter before the runoff got
to the wetlands.
John Vallis asked Atty. Keilty if he was suggesting that it
would be more advantageous to have the asphalt fill in the buffer
zone than not having it. Atty. Keilty replied No, he felt that
ideally it would be better not to have it but he also felt that
removing it may do damage to the wetland. John Vallis asked
if it would be possible to show that there is no leeching.
Atty. Keilty stated that he had discussed that with Mr. Summer
and that he had indicated that would not be possible. He said
that Mr. Summer could not suggest removal unless an ambitious
plan to cap the area followed.
John Bleiler stated that he was not sure that the Commission
could permit unclean fill within 100 feet of the buffer zone.
He noted that it is not an issue of good or bad fill or what
is financially acceptable, and an Order of Conditions lists
what is appropriate and inappropriate and asphalt is
inappropriate.
•
5
George Ahmed stated that he wanted to know the true picture
of the fill and what is there. He stated that he was concerned
about how the fill could stay in place at the grade.
Attorney Keilty suggested that the Commission visit the site.
John Vallis suggested that the Commission meet at the site at
9:00 A.M. on Saturday March 24, 1990.
There being no further business to come before the Commission
at this meeting a motion was made to adjourn the meeting by
George Ahmed, seconded by John Bleiler and approved unaimously.
The meeting was adjourned at 10:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC032290
6
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
APRIL 12, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 12, 1990 at 7:30 P.M. in the second floor ,
conference room at One Salem Green.
Present were: Chairman John Vallis, George Ahmed Fred Harney,
and John Bleiler. Also present were Kathy Winn, Conservation
Administrator, and Eileen Sacco, Clerk.
PUBLIC HEARING (CONTINUED) TOWN OF MARBLEHEAD / MWRA
Fred Harney recused himself from discussion of this matter.
Doug Reed of SEA Consultants addressed the Commission on behalf
of the Town of Marblehead and MWRA. Also present were Dana
Snow of the Marblehead Water and Sewer Board and Fred Brandon
from MWRA.
Mr. Reed reviewed their plans for pump testing to determine
the feasibility of reactivating the abandoned water supply of
Loring Avenue. He noted that MWRA encouraged the Town to
• determine the quantity of water available for the possible
reactivation of the water supply. Mr. Reed also noted that
at the site visit held by the Commission there were specific
requests made by the Commission which he would address. One
concern was the size of the equipment to be used on the
property. He provided photocopies of pictures of the equipment
for the Commission. He also noted that he has met with DEP
and they have approved the procedure for the testing. He added
that DEP required the addition of 2 more g"' diameter test wells
He showed the Commission an amended plan showing the additional
test wells. Mr. Reed further noted that DEP had no problem
with the location for the discharge of water from the testing.
Mr. Reed addressed another concern of the Commission that being
the level of the pond after pumping for 24 hours a day for five
days. Mr. Reed stated that the volume of the pond is unknown,
but a rough estimate would be that the effect on the level of
the pond would be less than a foot, probably less than I a foot.
He stated that this would be the worst case scenario and that
the test would have no long term effect on the pond.
George Ahmed asked Mr. Reed if during the course of the testing
they find that they are pumping more water than anticipated
would they stop the pumping or continue. Mr. Reed stated that
they would probably cut back on the pumping. He also noted
that they would be monitoring the pond daily, as well as after
the completion of the testing to see how fast the level of the
pond comes back.
1
• George Ahmed suggested that the water should be diverted in
different directions rather than going in the same direction.
He also questioned whether the pipe would be large enough.
Mr. Reed stated that it would be more accurate to use one device
and smaller pipes would restrict the flow.
George Ahmed asked if the water has been tested. Mr. Reed stated
that they have tested it and the results showed that the water
is pretty good for drinking water, but may need to be treated
for iron and manganese.
John Bleiler asked about the time frame for the project. He
also expressed concerns for the wildlife breeding at the edge
of the pond and the effect that the level of the pond would
have on it. Mr. Reed stated that he thought there would be
little effect on the wildlife.
George Ahmed asked if the contractor would be restricted to
certain areas on the property. Mr. Reed stated that they would
be meeting with the contractor to review the locations for the
testing.
Chairman Vallis asked if the was anyone in attendance at the
meeting who wished to speak in favor of the application.
• Bernard Tremblay addressed the Commission and asked if there
were any plans to control noise levels if the pumping station
is reactivated. Chairman Vallis stated that this proposal was
only to conduct a study to determine the feasibility of the
possible pumping station not a permanent one.
Terry Savage of 15 Linden Street addressed the Commission with
2 concerns. The first being that he is concerned about the
homes adjacent to the pond and the possibility of damage to
the foundations, and the second being that spawning fish will
be effected. He noted that the dewatering of the pond on a
previous occasion caused sever damage to his foundation which
he has recently completed repairs on. He also had sent a letter
to John Vallis concerning the project and outlines a number
of possible conditions for the project. John Vallis read that
letter into the record a copy of the letter,. is attached to these
minutes.
Jim Kiernan addressed the Commission and state that he is not
opposed to the project but noted that he built his property
subject to the conditions of the Conservation Commission and
would like to see the Town of Marblehead do the same.
Roger Boucher of 17 Linden Avenue suggested that the test be
done in the winter since the pond goes down about a foot and
•. a half in September. Mr. Reed stated that the aquifer is large
enough to sustain the amount of water coming out from the
2
testing.
Terry Savage asked if the hydraulics of the pond change over
a period of time as opposed to a sudden drop such as five days
of testing. Doug Reed stated that the aquifer goes down during
a summer drought but he felt that the aquifer would stay up
during testing.
George Ahmed asked how many gallons of water were pumped per
day when the pumping station was operating. Mr. Reed stated
that it was approximately 500-600 thousand gallons per day.-
He
ay:He also noted that at that time there was no pond and that the
discontinuation of the pumping resulted in the pond.
John Bleiler asked if the pump test could be bumped to the end
of summer in consideration of the breeding that takes place
at the time presently planned. Mr. Reed replied that the ideal
time to do the testing is when the water table is highest.
John Bleiler suggested contacting Fish and Wildlife to get an
opinion from them.
John Vallis asked what kind of sound insulating barrier could
be used to control the noise level of the generator used for
the pumping. Mr. Reed stated that the generator would be a
four cylinder engine with a muffler. He also noted that the
• sound would be a constant one and they have never had any
complaints on previous projects.
Mr. Tremblay asked if a permanent facility would be run 24 hour
a day. Mr. Reed replied no.
There being no further questions or comments from those present
or the Commission, George Ahmed made a motion to continue the
Public Hearing until May 10, 1990 to gather information
concerning the effect of the testing on fish and wildlife by
a qualified consultant, seconded by Bob Crowley and approved
unanimously.
John Vallis requested that the Commission obtain an opinion
from City Solicitor Kevin Daly concerning the binding legal
obligation of the Town of Marblehead in the event of structural
damage to property as a result of the testing.
PUBLIC HEARING (CONTINUED) SALEM HOSPITAL
Fred Harney returned to the meeting at this time. John Bleiler
recused himself from discussion of this matter.
Attorney John Darling addressed the Commission on behalf of
Salem Hospital. He noted that Rick Waite and Mike Juliano of
. Meridian Engineering Collaborative, Dr. Hugh Mulligan of Gulf
of Maine Research Inc. , and Don Garrity of Salem Hospital were
present at the meeting as well.
3
Mike Juliano of Meridian Engineering Collaborative addressed
the Commission and explained the drainage system planned for
the two tiered parking area planned by Salem Hospital. He noted
that existing drainage flows towards the wetlands in all
directions and after construction it would be piped.
George Ahmed asked if there was a reason for the 12" pipe and
not a smaller one. Mr. Juliano stated that a minimum of 12"
is needed to prevent clogging. George Ahmed also asked if there
would be anything over the opening of the catch basins. Mr.
Juliano stated that traps will collect silt and oil and grease
that separates and collects. He also noted that the traps would
be maintained on a yearly basis.
John Vallis asked if there would be any additional work on Old
Road. Don Garrity of Salem Hospital stated that the agreement
for the easement from the City includes the resurfacing of Old
Road and that a gate restricting traffic would be placed. Mr.
Garrity also noted that the parking area would be used for
employee parking only, and they would be providing shuttle buses
up to the Hospital.
Fred Harney asked about the snow removal policies of the
Hospital. Mr. Garrity stated that they do most of the plowing
themselves and they use calcium and sand on the roads.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the •
Commission and showed plans marking the vegetated areas of the
property as requested by the Commission at the previous meeting.
George Ahmed noted that he was concerned about the effect of
the project on the vegetation in the area, by the diversion
of water run off. Dr. Mulligan stated that he felt there would
be 1008 impact on the paved area but less than 58 on the downside
of the hill.
John Vallis asked what the time frame for the project would
be. Dr. Mulligan stated that he thought it would be 10 weeks
average. Don Garrity stated that they hope to begin the project
" in the fall.
There being no further comments or discussion of the matter,
a motion was made by Fred Harney to close the public hearing
seconded by George Ahmed and approved unanimously.
Motion made by Bob Crowley to issue and Order of Conditions,
_ .. seconded by George Ahmed and approved unanimously.
The Commission will issue the Order of Conditions at the next
meeting of the Commission, scheduled for April 26, 1990.
George Ahmed asked Don Garrity if when the Colby Street Parking
Area is closed if the pavement would be taken up. Mr. Garrity •
4
replied that there is no paving on the Colby Street lot. .
PUBLIC HEARING (CONTINUED) GEORGE PEABODY COOPERATIVE BANK
John Bleiler recused himself from discussion of this matter.
Dr. Hugh Mulligan of Gulf of Maine research Inc. addressed the
Commission to report on the progress of the tanks at 1 Peabody
Street. He reported that they have been notified by DEP that
a file number 64188 has been issued and that a waterways chapter
91 permit is not required. He noted that the work is not
finished and that the large tanks shown on a 1915 plan for the
area are 4 - 20,000 gallon steel tanks and all seem to be intact.
He reported that they are full of liquid which has been tested
and is mostly water, there are no PCB's and low levels of benzene
which exceeds drinking water standards. He reported that they
would rather use a treatment system and discharge the water
into the sewer as opposed to pumping the liquid from the tanks
which costs $1 .50 per gallon and would cost $80,000 - $120,000 .
He stated that he is working with the City Engineer on the
possibility.
He also referred to water tanks that were referred to on the
plan, but noted that they may have been above ground and have
probably been removed since they have not been located.
• Dr. Mulligan stated that he hoped to have a schedule for the
removal of the tanks for the Commission by the next meeting.
There being no further comments or questions from the Commission,
a motion was made by George Ahmed to continue the Public Hearing
until the May 24, 1990 meeting of the Commission, seconded by
Fred Harney and approved unanimously.
George Ahmed asked Dr. Mulligan on the status of the dirt pile
at the Gibbs Gas Station on Derby Street. Dr. Mulligan noted
that the pile had been recovered and is now secure. He also
stated that the pile is to be removed to Derry New Hampshire,
in the near future.
John Bleiler returned to the meeting.
DISCUSSION - MCKINLEY ROAD
Kathy Winn reported that she had received an anonymous call
reporting that City trucks are dumping wood chips and branch
cuttings in the area of McKinley Road which is in the buffer
zone of the conservation area outside of the wetland. Carmen
Labrecque was present at the meeting and stated that the DPW
was doing this at the request of the homeowners to cover glass
in the area.
• Dr. Borges of 33 Pickman Road addressed the Commission and noted
5
that he is a former member of the Conservation Commission.
He explained the history of the neighborhood and the situation
of the dumping. He noted that the neighbors have maintained
the area over the years and that he did not believe that there
was any harm to the wetlands.
John Vallis suggested that the Commission hold a site visit
to the area, and asked Carmen Labrecque if she minded if the
Commission entered her property to view the area. Ms. Labrecque
stated that she did not mind.
The Commission scheduled a site visit for April 21 , 1990 at
9 :00 A.M.
PRESENTATION BY MBTA RE: PROPOSED BRIDGE STREET PARKING LOT
Jane Chimielinski of the MBTA and Sarah Walker addressed the
Commission to have an informal discussion on the proposed parking
lot on Bridge Street. Sarah Walker stated that they intend
to file 2 notices of intent for the project. One for the
Permanent parking area and one for a temporary parking area
to be used for about three years during the construction of
the permanent lot. Ms. Walker noted that the site for the
temporary lot is owned by Parker Brothers and will be leased
to the MBTA.
• George Ahmed asked what will happen to the lot when the permanent
lot is completed. Ms. Walker stated that the lot will revert
back to Parker Brothers. She also noted that although the lot
is temporary for the MBTA, it has been planned for. use before,
during and after the Bridge Street Bypass Project.
John Vallis asked when they proposed to begin the work. Ms.
Walker stated that they have been funded for the design phase
of the project and that they are waiting for Construction Funds.
She noted that they are going through the permit process so
that everything will be in place when funding is available.
She also noted that they will notify the Commission of the date
of the scoping session and are hoping to have it in Salem.
OLD/NEW BUSINESS
Kathy Winn reported that a request has been made for a
Certificate of Compliance for 82 Webb Street. She noted that
the Commission held a site visit at the property recently.
John Vallis stated that he felt that the lack of a retaining
wall does not effect the wetlands, and it was more of a
landscaping issue. George Ahmed questioned if the Commission
could issue the Certificate if the retaining wall was required
by an Order of Conditions. Kathy Winn stated that the wall
was not specified in the Order of Conditions.
Motion made by John Bleiler to approve the Certificate of
6
Compliance for 82 Webb Street, seconded Fred Harney and approved
unanimously.
Kathy Winn informed the Commission that they had received
notification from District 5 DPW informing the City of two
projects which are exempt from filing. The projects are for
the Kernwood Bridge and the Beverly Salem Draw Bridge. She noted
that the letter stated that they would be will to meet with
the Commission to discuss their plans. George Ahmed suggested
that the Commission acknowledge the letter.
Kathy Winn also informed the Commission that the neighbors are
complaining about the Bertini property again. She noted that
the work being performed is general maintenance and that they
do not need to file for that. John Vallis suggested that they
send a letter stating that it is general maintenance.
The Commission discussed the repairs being made for the tidal
gates at Forest River. John Bleiler stated that he is concerned
that the work is taking place and the Commission has not been
informed. He noted that he is concerned about the oil from
the motors being .installed and the effect it will have on the
water. He also noted that the issue of opening the gates is
of concern. He noted that Dr. Moore's recommendations were
suggested times when the gates could be opened rather than when
they should be open.
• 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 10:50 P.M.
RESPECTFULLY SUBMITTERD BY:
EILEEN M. SACCO, CLERK
CC041290
7
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
APRIL 26, 1990
Y A regular meeting of the Salem Conservation Commission was held
on Thursday, April 26, 1990 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, George Ahmed, Fred Harney,
John Bleiler and Betsey Horne. Also present were, Conservation
Administrator Kathy Winn, Debra Hurlburt of the Planning Dept. ,
and Eileen Sacco, Clerk.
Chairman John Vallis called the meeting to order at 7:30 P.M.
Chairman Vallis introduced and welcomed Betsey Horne, newly
appointed to the Commission by Mayor Harrington.
REQUEST FOR CERTIFICATE OF COMPLIANCE - ROBERT GAUTHIER - TEDESCO
POND PLACE
The request for a certificate of compliance for Tedesco Pond
Place was postponed to another date.
ORDER OF CONDITIONS - SALEM HOSPITAL
John Bleiler recused himself from discussion of this matter.
• Attorney John Serafini Jr. addressed the Commission on behalf
of his clients Salem Hospital. He noted that he had reviewed
the list of special conditions drafted by the Planning Department
and noted that they were similar to the draft submitted by Gulf
of Maine Research Inc. with no substantial differences.
Atty. Serafini referred to items one and ten of the Planning
Department draft. He requested that the word "substantial" be
added after the word "any" no item number one ( 1 ) , noting that
he felt that there was no need to go before the Commission for
every minor change in the plans.
John Vallis suggested that item #1 be changed to read "All work
shall conform to the above referenced plans, and final specs
shall be filed with the Planning Department prior to the
Commencement of Construction. Any changes made or intended
to be made shall require the applicant to notify the Conservation
Commission to determine if the change is substantial, and if
found to be substantial the Commission may require that a new
Notice of Intent be filed.
George Ahmed asked who the responsible party would be. Atty.
Serafini stated that the owners, Salem Hospital would be the
responsible party.
The Commission discussed the two drafts of Special Conditions
and the following is the agreed upon set of Special Conditions:
Special Conditions =Salem Hospital Parking Lot
=- 1 . All work shall conform to the above-referenced plans and
those final specifications which shall be filed with the
Commission prior to construction. Any change made or intended to
be made in the approved plans shall require the applicant to
inquire of the Conservation Commission as to whether the change
is substantial enough to require a new filing. If the
Conservation Commission determines the changes to be substantial,
the Commission can require the applicant to file a Notice of
Intent .
2 . Prior to commencement of construction activity, a haybale
barrier shall be placed downgradient of construction to prevent
siltation of the adjacent wetland. Haybales shall be anchored
with stakes and entrenched 4 to 6 inches in depth . Trench
material shall be deposited on the upgradient side of the haybale
barrier. Haybales shall be inspected daily and those showing
signs of deterioration shall be replaced immediately . The
haybale barrier shall remain in proper functioning condition
until all disturbed areas have been stabilized.
3 . Any additional erosion and sedimentation 'control measures
deemed necessary by the Commission shall be instituted by the
applicant . Any siltation caused onto any wetland or waterway
areas shall be promptly reported to the Salem Conservation
• Commission and such areas restored to the satisfaction of the
Commission .
4 . During construction, all debris, fill and excavated material
shall be stockpiled more than 100 feet away from designated
wetlands , at a location to prevent sediment from surface runoff
entering wetlands .
5 . A paved berm shall be installed around the perimeter of the
parking lot to contain and direct the flow of water to catch
basins .
6 . All catch basins and pipes shall be fitted with oil and gas
traps , and all catch basins , manholes and pipes shall be
maintained in good hydrologic condition and be kept free of
litter, refuse or other extraneous matter . A letter stating that
said annual cleaning and maintance has occured shall be filed
with this Commission annually .
7 . Servicing of equipment must be done outside the Buffer Zone
to the resource area. Equipment must be maintained to prevent
leakage or discharge of pollutants . Overnight storage of
equipment must be 100 feet from the wetland boundry .
S . Use of rock salt (sodium chloride ) or other toxic de-icing
chemicals on paved areas is prohibited and any arrangement for
• snow removal shall so stipulate.
9 : Members and agents of the Salem Conservation Commission shall
ave the right to enter and inspect the premises at all
easonable times to evaluate compliance with the conditions
stated in the Order, and may require the submittal of any further
and additional data deemed necessary by this Commission for that
evaluation .
10 . Upon completion of the project, the applicant shall submit
with their request for a Certification of Compliance, and
affidavit prepared by a professional engineer or land surveyor
duly registered in the Commonwealth of Massachusetts , stating
that the site has been developed in accordance with the
requirements of this Order of Conditions and the referenced site
plan .
11. Notice shall be given to this Commission no more than two
( 2 ) weeks nor less than two ( 2 ) days prior to the commencement of
any construction activities . Said notice shall include in
writing, the name ( s ) , address (es ) , business and home phone
numbers of the project supervisor (s ) who will be responsible for
insuring performance of all sedimentation and erosion control ,
buffer zone alterations , and drainage system installation .
12 . All disturbed soils shall be immediately and similarly
re-vegetated upon completion of construction activities or shall
be mulched until the next growing season .
113 . Any proposed headwalls with pipes shall be fitted with a
rotective barrier approved by the Commission . These headwalls
shall be kept free of any obstructions to the flow of water .
14 . During and after work on this project, there shall be no
discharge or spillage of petroleum products or other pollutants
into any wetland resource area or land within the Buffer Zone .
15 . There shall be minimal pruning and no removal of any buffer
zone or wetland vegetation downgradient of the northern-most
limit of workline, as delineated by the staked haybale line, on
the above-referenced plan.
16 . This Order shall apply to any successor in control or
successor in interest of the property described in the Notice of
Intent and accompanying plans .
D524
•
Fred Harney asked if any gravel would be brought on site for
• the project. Dr. Hugh Mulligan stated that he thought that
there would be enough on the site and that no additional gravel
should be required.
George Ahmed asked if there were any plans to replant any of
the trees removed for construction. Dr. Mulligan stated that
there were no plans to replant the trees and noted that it would
be difficult to replant the trees.
There being no further questions concerning this matter, a motion
was made by George Ahmed to approve the Order of Conditions
for Salem Hospital and 16 Special Conditions, including some
of the language from the conditions submitted by gulf of Maine
Research Inc. , seconded by Fred Harney and approved unanimously.
REQUEST FOR EXTENSION PERMIT FOR PIONEER VILLAGE
The request for the extension of the permit for Pioneer Village
was rescheduled for another meeting.
OLD/NEW BUSINESS
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission concerning the dirt pile at the Gibbs Oil Project.
He noted that there has been no activity regarding the pile,
adding that the pile had been uncovered and recovered and he
• had been made aware that the pile was uncovered again.
Dr. Mulligan stated that he had been trying to reach Dennis
Field the project manager for Gibbs Oil, but he had not returned
his calls. He further noted that he is concerned about the
stability of the sea wall, citing other instances in the area.
John Vallis suggested writing a letter to DEP noting the
seriousness of the matter. Kathy Winn noted that the Commission
has sent a letter to DEP and has received no reply as yet.
John Vallis stated that they should be notified to cover the
pile and attend the next meeting to discuss the situation.
Dr. Mulligan noted that the project was approved on an emergency
basis and he felt that the situation had gone beyond the status
of an emergency.
John Vallis noted that the Commission authorized temporary
storage of the pile and that maybe an enforcement order should
be issued. Kathy Winn noted that until the State responds to
the letter we won't know what the problem is.
John Vallis suggested sending a letter to them ordering them
to cover the pile and attend the next meeting to discuss the
situation.
PEABODY STREET
Dr. Mulligan informed the Commission that the tanks have not
been scheduled for removal and that they should be ready to
file a Notice of Intent soon.
MCKINLEY ROAD
Commissioner Fred Harney, John Bleiler and Bob Crowley attended
a site visit to McKinley Road concerning the dumping of wood
chips in the area by the City of Salem.
Fred Harney reported that they are dumping the wood chips neatly
and that there is no sign of any other dumping in the area.
He noted that there are logs in place to prevent entry.
John Bleiler reported that the dumping is close to encroaching
on the wetlands. He also noted that there is no malicious
activity taking place and suggested that they maybe dump a few
more truck loads to stabilize the area and that should be it.
He also noted that there is a garden on conservation land in
the area.
John Vallis suggested having the neighbors come in and specify
areas that need to be shored up and discuss the matter.
NEW BUSINESS
• Kathy Winn informed the Commission that DEP would be holding
a site visit on May 9, 1990 at 9:00 A.M. on Pierce Road
concerning Joyce Salvo' s appeal.
Kathy Winn also informed the Commission that DEP has scheduled
a site visit for Wednesday May 16, 1990 on Howley Street/R Boston
Street, which is Michael Harrington's project.
Kathy Winn informed the Commission that she had received a report
of illegal dumping on 22 Clark Avenue. She showed the Commission
pictures of the lot and noted that the assessors map showed
the vacant lot as being owned by Mr. Hewitt. She stated that
when she contact Mr. Hewitt he told her that he had given the
land to the City.
John Vallis suggested that the Commission should proceed on
the basis that he owns the property, and invite him to the next
meeting to discuss the matter.
John Bleiler suggested that the Commission should visit the
site before the next meeting so as not to drag it out. John
Vallis suggested meeting there on May 9, 1990 at 8:30 A.M. ,
before the site visit on Pierce Road.
Motion made by John Bleiler to issue a cease and desist order
for 22 Clark Avenue, seconded by Bob Crowley.
•
George Ahmed suggested having Mr. Hewitt come in before the
• order is issued, and if he does not respond then get tough.
John Vallis stated that the order only prevents the dumping
and Mr. Hewitt will get the chance to present is views to the
Commission at the next meeting.
There being no further discussion on the matter, a vote was
taken and the motion approved unanimously.
Kathy Winn gave the members of the Commission a copy of the
letter she prepared to send to department heads requesting their
assistance in protecting the wetlands. She noted that she intends
to enclose a copy of Wetlands Protection Act with the letter.
Betsey Horne suggested that something a little more concise
than the actual Wetlands Protection Act be sent. Kathy Winn
will investigate other possibilities.
Debra Hurlburt showed the Commission the map that she has been
working on that shows the areas that the Commission has visited
and notates the file numbers. She noted that what she had on
the map was a sample so that the Commissioners could see it
and make suggestions if they wish.
APPROVAL OF MINUTES
The minutes of the meetings of March 22, 1990 and April 12,
1990 were presented for approval. The members reviewed them
• and made some minor amendments.
Motion made by George Ahmed to approve the minutes of the
meetings of March 22, 1990 and April 12, 1990 as amended,
seconded by John Bleiler and approved unanimously.
There being no further business to come before the Commission
at this meeting a motion was made by Fred Harney to adjourn
the meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 9 :50 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC042690
•
SALEM CONSERVATION COMMISSION
MINUTES OF BOARD MEETING
MAY 10 , 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 10 , 1990 at 7:30 P.M. in the second floor conference
room at One Salem Green.
Present were : John Vallis , Richard Femino , Robert Crowley ,
Fred Harney, George Ahmed, 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.
PUBLIC HEARING : TOWN OF MARBLEHEAD AND MWRA
• A continuation of the public hearing for a limited testing period
to determine potable water at the Leggs Hill pond which is owned
by the town of Marblehead . Fred Harney recused himself from
the matter .
Fred Brandon of the Massachusetts Water Resources Authority
addressed the commission. The proposed testing on the ground
water supply in Salem includes plans for an eight foot test
well located one hundred feet from Leggs Hill . Water will be
pumped from the aquifer for five consecutive days in order to
determine the feasibility of the location as a secondary water
supply for Marblehead and the impact on the pond. Mr. Brandon
stated that the MWRA ' s objective is to maximize the use and
protection of water supplies . The Marblehead Water and Sewer
Commission has been authorized through a town meeting to purchase
an additional site adjacent to the pond to protect the water
supply if the site is determined to be feasible.
IEP , Inc . was retained to perform an environmental assessment
of the site . Nancy Palmstrom of IEP said the she evaluated
the site by rowboat where depth measurements were taken. Information
was regarding the pond' s gathered from the Massachusetts Natural
Heritage and Endangered Species Program , the DEP Division of
Water Pollution Control, and the Division of Fisheries and "Wildlife .
Based on SEA ' s estimate of a maximum drawdown of seven inches
there would be little impact on the shore line according to
Ms. Palmstrom. A one to four inch drawdown would have no negative
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impact on the fish in the pond and there are no rare species
known to this pond.
John Vallis asked about the noise of the pump engine . Fred
Brandon replied that a six foot barrier of hay bales would be
placed between the generator and the nearby houses at least
three or four feet from the generator . He stated that this
method of noise reduction has worked well in past instances
that were similar to this project .
Richard Femino asked what type of testing were performed. Nancy
Palmstrom replied that there were no plankton and limited algae
due to the dense vegetation. Visual observation and depth soundings
along with the historical informations gathered were used .
The maximum depth of the pond was found to be approximately
ten and one half feet at the southeast corner . Mr . Femino asked
when the pumping would be scheduled . Mr. Brandon replied that
the best time would be June or early summer.
Doug Reed of SEA said that a vertical turbine with an eight
inch shaft would be placed one hundred feet from the pond with
water table reading equipmen. There would be five days of testing
performed. Richard Femino was concerned about the oxygen exchange
between layers . Doug Reed said that there would be two well
points between the pond and the aquifer .
• John Vallis expressed concern over a paragraph in the letter
submitted from Nancy Palmstrom of IEP to Fred Brandon of MWRA
and asked about the sunfish and their spawning habits. He referred
to page two paragraph four of the letter and the worst case
scenario excluding any underground recharging. Nancy Palmstrom
stated that the sunfish is similar to the blue gill and spawns
somewhere between one and three feet of water . John Bleilor
asked if unable to spawn at a certain time if the fish would
respawn later and what were the chances of them abandoning their
brood. Ms . Palmstrom said that sunfish are very prolific and
spawn several times between May and August . There would be
minimum impact with a test of this magnitude and legth.
John Bleiler asked about the turtle population of the pond .
Ms . Palmstrom observed only common pond turtles .
John Vallis read a letter from the Marblehead Conservation
Commission and abuttor Vernon Tremblay . These letters as well
as any others that the Commission has received regarding the
matter will be made a part of the May 10 , 1990 minutes .
Doug Reed stated that if the testing shows that the site would
be a good secondary water supply, then a well pumping station
with a small treatment facility with underground piping would
be planned with only one or two small structures visible would
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• Minutes of Conservation Commission Meeting 5-10-90
be planned. Mr . Reed stated that the equipment would be enclosed
and sealed to reduce any noise.
John Vallis asked what the maximum drawdown on any one of the
five days would be. Doug Reed responded that it would all depend
upon the aquifer response . His estimate was about six inches .
There is a possibilty that the drop could occur quickly the
first day and within three days it would be much smaller. Mr. Reed
anticipates a slow drawdown . John Vallis asked for specifics .
Mr . Reed said that it would not exceed six inches in any one
day. John Bleilor asked if it would be reasonable to add that
the drawdown would be no more than twelve inches in the five
days. Doug Reed answered that this would be reasonable.
John Vallis asked for neighbors to voice their concerns .
Bob Marsilia of 19 Linden Ave . said that the slope of the pond
is steep but that the fish spawn in the shallow end of the pond
near the Savage and Tremblay property lines. Mr. Marsilia contended
that a six inch drawdown would have a big impact on the pond.
He stated that he had seen no more than a six inch drawdown
in a week' s period.
John Vallis stated that he was aware of extensive water seepage
in a broken pipe and that some nearby homes had experienced
• foundation cracks . Roger Bouchard of 17 Linden Ave . stated
that his house was listing at the present . Mr . Marsilia
said that his concern was the amount of change to the pond and
the suddeness . John Vallis replied that the only issue before
the board was the initial testing.
Jim Kiernan of 21 Linden Ave . asked about the issue of liability
concerning the testing and any possible resulting damage. John
Vallis replied that if the Town of Marblehead exceeded the
specifications within the test ' s parameters . Mr . Savage of
15 Linden Ave . questioned liability if the tests were performed
as per the conditions and there was still damage and asked who
would be responsible if the tests cause damage to the nearby
homes . Mr . Vallis replied that he had not said that there is
no liability. Mr . Savage stated that he supports Marblehead ' s
project but wants protection.
Wilbur Bass the Chairman of the Marblehead Water and Sewer Commission
said that he would have an insurance appraiser look at the properties
before the testing if the residents wanted. Mr . Bass also stated
that this would be to determine whether any damage would have
been caused by the testing that he was not accepting liability.
Rosemary Collins of Marblehead stated that the Conservation
Commission should be concerned with wetland issues and not
liability.
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Mr . Savage said that the land is conservation land as well as
the site of a potential well . The wetlands issue and the personal
property issue cannot be divorced. He also stated that he would
have serious objections if the town were to be held harmless.
Ms . Collins restated that Marblehead had offered to survey the
homes and that the tests were only to check the site to determine
if it is a viable aquifer . Mr . Savage said that he was still
seeking assurance on the liability issue.
John Vallis said that the question of liability is not before
the board . The neighbors have the right to appeal and should
consult with their own personal attorneys on further liability
questions . Mr . Marsilia asked if the liability issue could
be made a part of the order of conditions . Mr . Vallis replied
that it would not be made a part of the order . Mr . Marsilia
asked if Marblehead could be required to provide a survey of
the neighbors ' property, and Mr. Vallis replied that this could
be added to the order of conditions . Mr . Savage wanted to add
a condition concerning compensation in the event of damage ,
but Mr . Vallis answered that this could not be added to the
conditions.
Mr . Bass stated that if the water in Vinnin Square near the
Stop and Shop were contaminated then since it feeds into the
• pond, it too would be contaminated.
Richard Femino asked how the problems with spawming and the
shallow end of the pond could be alleviated . Ms . Palmstrom
answered that by June most fish will have spawned already .
Also the species spawns several times so that one missed spawning
period would not be a great problem.
Mr . Marsilia stated that the abuttors wish to be notified of
any further hearings or continuances . John Vallis answered
that this meeting was a continuation of the last Public Hearing.
The continuation was announced at that time.
Mr . Vallis asked if there were any other concerns of the neighbors.
A concerned person in attendance asked about the noise level
and the adequacy of hay bales . John Vallis asked if the hay
bales would be all around the generator . Mr . Reed replied that
they would be around three sides and that this is more than
the minimum that would be required. The engine would be equipped
with a muffler as well .
Mr . Brandon stated that in a similar circumstance in Dover at
the Elm Bank aquifer near the Charles River the bales worked
well .
Mr . Marsilia asked if there would be a clerk of the works at
the site daily. Mr . Vallis said that a clerk could be made
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a part of the conditions . Mr . Marsilia said that he and some
of the other neighbors give the Conservation Commission members
permission to enter their property in order to perform site
visits and inspections .
John Charkress said that the MWRA will make its decision on
whether to proceed based on the scope of the order of conditions .
He stated that the test will cost approximately sixty thousand
dollars . Mr . Charkress wanted the board to give a sense of
what they would consider a reasonable drawdown amount. He maintained
that it was not their intention to cause a lot of grief nor
waste the taxpayers ' money if it is apparent that the commission
would not approve the project . Mr . Vallis replied that he
appreciated the comments made and that the board would give
its comments once the Public Hearing is closed.
Richard Femino stated that he would be concerned if the level
dropped between seven inches and one foot . He is also concerned
with any increase or decrease in the oxygen level of the water
and any environmental impact this would have . He would also
like the test to be done at different water levels .
Mr. Marsilia said that in the summer there is a long green string-
like plant that grows in the pond . With evaporation the top
• of the pond is covered with algae which does clear , but he was
concerned that pumping operations would exacerbate the problem.
Nancy Palmstrom said that there is a large population of exotic
weeds associated with a utrophic productive pond which provide
nutrients . Ms . Palmstrom said that long term the pond would
reach a new balance and that the pumping test would have no
direct impact on the weed.
Mr . Kiernan said that it has been over forty years since the
area has been tampered with and that there are over forty houses
at or near pond level . Mr . Kiernan was concerned that if the
order of conditions is approved no one knows what will be in
store for the area in the future. He asked that the board approve
an order of conditions with a very small plus or minus margin
of change.
A person speaking for Marblehead reminded Mr. Kiernan that this
land in question is not conservation land but land owned by
Marblehead.
Richard Femino moved that the Public Hearing be closed. John
Bleiler seconded the motion, and the vote was unanimous . John
Vallis declared the Public Hearing closed.
John Bleiler asked if the twenty-one day requirement was not
required in this case . John Vallis replied that it did not
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• Minutes of Conservation Commission Meeting 5-10-90
unless something caused the cancellation of the next board meeting
scheduled for May 24 , 1990 . Richard Femino said that he was
in favor of the testing with conditions for the protection of
the neighbors . He would like the tests timed and the oxygen
level monitored.
John Vallis said that he agreed that the Town of Marblehead
is entitled to test the water but that the area and the Salem
neighbors should be protected by an order of conditions. Mr. Vallis
stated that the board has the option of voting to issue an order
of conditions and additional special conditions can be attached
at the next meeting . In this way the commission would not be
forced into devising a hasty order of conditions .
George Ahmed asked if the commission could request that the
Town of Marblehead and its Conservation Commission to submit
any conditions . John Vallis replied that this would be asking
a lot of Marblehead and that it would not be appropriate. George
Ahmed said that where they had sent a letter they should extend
themselves . John Bleiler responded that Salem could request
an order of conditions but not require it . John Bleiler asked
about a waiver from the applicant for the twenty-one day require-
ment . Mr . Vallis said that the commission should pursue that
since there is some severe weather expected within the next
• few days. He stated that it is customary that the Monday following
a meeting that the order of conditions be issued. He said that
this would make it no later than the first meeting held in June
which would be June 14 , 1990.
Mr . Reed stated that they would like to test in July. Mr . Vallis
said that this would be possible since winter is the only critical
time . George Ahmed asked if there would be more testing. Mr. Reen
replied that there is only one test required . John Bleiler
asked that the Salem Conservation Commission be sent a copy
of the test results.
John Bleilor moved that an order of conditions be issued by
the first regularly scheduled meeting in June of 1990 . Richard
Femino seconded that motion, and the vote was unanimous.
John Vallis requested a waiver of the twenty-one day requirement
for the issuance of an order of conditions no later than the
first regularly scheduled meeting in June 1990 . Fred Brandon
waived the twenty-one day requirement . Mr . Vallis said that
an order with special conditions should be available at the
May 24 , 1990 meeting . At that time the order can be ratified
and any additional special conditions can be added . George
Ahmed asked that if anyone had any input for the conditions ,
that they submit it to the Conservation Commission before that
time for consideration. John Vallis also directed that a letter
be sent to the Marblehead Conservation Commission as well .
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Fred Harney rejoined the meeting.
REQUEST FOR EXTENSION OF PERMIT FOR PIONEER VILLAGE
Peter LaChapelle of the National Park service has requested
an extension permit for Pioneer Village. William Cahill appeared
before the board on the matter of re-
thatching the roof of some of the buildings a the Pioneer Village
site . There has been previous patching and repair done . At
that time thatching materials were cut from the area behind
Dube ' s restaurant .
John Vallis asked if fragmites and purple loostrife were used
as well as the cattails . Mr . Cahill replied that they were
used as well but that cattails were the main material used .
Kathy Winn asked how ofted re-thatching a roof must be done .
Mr . Cahill replied that this would be one of the last sections
done and that as a rule it is done about every sixty years .
John Bleiior noted that the order of conditions had expired
and cannot be legally extended because the DPE would send it
back . Mr . Cahill should have applied before the expiration .
Kathy Winn said that since no work was done last year the three
• year order wasn ' t extended . She asked when the work would be
done . Mr . Cahill said that it would be within the next month.
George Ahmed asked whether an emergency order could be issued .
Kathy Winn said that the order could be extended retroactively.
and since it was due to a clerical error it would be the Conservation
departments responsibility to rectify it . The order is previously
dated to expire on June 24 , 1989 .
George Ahmed moved that the permit be extended for an additional
five years subject to special circumstances and being limited
to maintenance purposes only with no new construction and that
all harvesting is to be done at various locations on land under
the Conservation Commission' s jurisdiction. John Bleiler seconded
the motion, and the vote was unanimous.
OLD BUSINESS
John Charkress of the MWRA asked to address the board regarding
the previous Public Hearing on pond testing . He stated that
there was no pond there forty years ago and questioned whether
pumping water from the site would dry the pond out . Mr . Vallis
stated that the pond has changed dramatically in the last fifteen
to twenty years , but that testing was important in order to
determine the future of the pond . Mr . Charkress said that the
plant would not be built if it is not feasible . He questioned
if the well was located more than one hundred feet from the
pond if the matter would still fall under Conservation Commission
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• Minutes of Conservation Commission Meeting 5-10-90
jurisdiction. Mr . Vallis answered that it would . Mr . Bleiler
added that the Commission is responsible for any matters which
affect groundwater as well .
Kathy Winn brought up the matter of Mr. Hewitt of 22 Clark Street.
He has installed a fence and posted it against illegal dumping
and there is a line of staked hay bales . George Ahmed asked
if this was a barrier to prevent further dumping . Ms . Winn
said that a cease and desist order was sent but Mr . Hewitt has
not responded to that nor to her calls . Mr . Vallis suggested
that the board require him to attend the next meeting regarding
the enforcement of the order . George Ahmed agreed and stated
that since access to the property cannot be gained , further
damage to the wetlands cannot be gauged . Mr . Ahmed suggested
legal action if Mr . Hewitt does not appear before the board .
Mr . Vallis instructed Ms . Winn to call Mr . Hewitt again, and
Mr. Ahmed said that all calls should be documented.
At the last meeting a letter from the DEP to Hawthorne Cove
was read regarding the fact that they were not in compliance
by lack of a waterways license. They are now in compliance.
Kathy Winn presented a letter and pictures received by certified
mail from Leo Pelletier and Mr . & Mrs . John Ellis detailing
• activity on the Bertini property. The letter also refers to
trees that are supposed to be replaced as per the order of conditions
but have not been. The matter is still under a cease and desist
order which supercedes the order of conditions . Mr . Vallis
indicated that it would not be appropriate to act upon the matter
while it is still under appeal . If the matter were not under
appeal then the commission would have jurisdiction and the matter
could be acted u_oon. The commission must wait until after the
appeal process . They would then have three years in which to
comply.
Junior ' s Auto Body has left the area but another garage has
replaced it . According to the complaint there is a dumpster
within the buffer zone and they are in defiance of the cease
and desist order and are polluting the wetlands . There is oil ,
grease and debris in the area of the dumpster.
Upon inspection of the photographs , John Vallis agreed that
it did appear that there was a violation. Kathy Winn said that
the matter has been under appeal for about one year . George
Ahmed asked that the four photographs and the letter submitted
be made a part of the file . Kathy Winn stated also that since
the Conservation Commission placed a cease and desist order
and the matter is under appeal the matter then the Conservation
Commission cannot yet cancel the cease and desist order. John
Vallis pointed out that the commission could revoke the order
of conditions and report the violations to the DEP or inform
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Mr. Bertini that he is in violation of the order of conditions .
He suggested a telephone call to the DEP to explain the nature
of the problem and inquire about the proper procedure .
John Bleiler addressed the board regarding representation of
the board. He suggested that the board speak with one voice .
George Ahmed agreed and said that whatever the majority of the
board feels should be what is represented no matter what the
individual feeling of the member . John Vallis said that while
speaking on behalf of the commission any member should speak
in favor of the decision made by the commission.
John Vallis turned the chair over to Richard Femino and temporarily
left the meeting.
The matter of Mr . Lovely was brought before the board under
old business as well . George Ahmed said that the cease and
desist order is still in effect . He stated that the site should
be backhoed to correct the slope . John Bleiler asked to what
point it should be corrected . Mr . Ahmed replied approximately
three to four feet . John Bleiler added that since the board
could not really specify a grade perhaps it should be worded
that the area should be returned to the condition that it was
in back in 1988 .
• Kathy Winn informed the board that Mr. Emmerton's attorney would
be attending the next meeting.
On the matter of the pier project , Ms . Winn stated that the
City Council did not think that Gary Moore ' s suggestions were
appropriate . In the matter of the General Management Plan of
the Derby Wharf/Central Wharf area, the Commission should inform
the National Park Service of any concerns by letter. The National
Park Service will keep the Commission apprised of the situation.
On the matter of the area behind the Gibb ' s station on Derby
Street , John Bleiler recused himself from the matter . Kathy
Winn reported that the pile of debris had a torn tarp . She
has also received a letter from John Fitgerald of the DEP which
stated that the DEP is satisfied with the effort that the owner
is making and that the matter is under DEP jurisdiction . George
Ahmed said that the Conservation Commission should consider
taking the DEP to court if the matter is not expedited . He
asked that Kathy Winn call the DEP again.
John Vallis returned to the meeting .
The Salem Partnership has established a sub committee. Regulations
will be formulated and sent through the Partnership and the
Mayor 's office.
•
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The "North Shore Sunday" contacted John Vallis regarding Jay
Moore ' s letter concerning the tidal gates at the Lead Mills .
There were two gates down causing an eddying effect . The
newspaper wanted to know what action the Conservation Commission
was taking in the matter . George Whittie had the gates manually
pulled up , but apparently the situation had gone on all winter.
Mr . Vallis suggested that the Commission recommend to the Mayor
that the City follow Dr . Moore ' s schedule for operation of the
tidal gates .
Richard Femino asked if this would cause a problem with extra
overtime for the City crew in the administration of the schedule .
Kathy Winn answered that Mr . Whittie had indicated that there
would be no problem since he has people on twenty-four hours
a day. Mr. Vallis said that the "North Shore Sunday" was concerned
that just the wishes of a few people for their own personal
enjoyment were being considered . He said that since there is
a public park off of Monroe Street that the matter was of more
public concern . Mr . Vallis also said that the Commission can
only make suggestions and recommendations to the Mayor since
ultimately the decision is his . City Solicitor Kevin Daley
was consulted by the Commission four weeks ago . John Bleiler
asked that he be contacted again since he has not yet responded.
He also noted that the use of the gates has changed over the
• years from flood damage prevention to recreational use. Richard
Femino felt that using the gates in this new way was wrong .
John Bleiler agreed with Mr . Vallis that the Commission should
strongly suggest that if the gates must be opened then Dr . Moore's
schedule should be adhered to . John Vallis recommended that
the Commission get something in writing from the City Solicitor
first .
MINUTES OF APRIL 26 , 1990 MEETING
The minutes of the April 26 , 1990 meeting were presented for
approval .
Robert Crowley moved that the minutes of the April 26 , 1990
Conservation Commission meeting be approved as given . Richard
Femino seconded the motion, and the vote was unanimous.
There being no further business before the board , a motion was
made by George Ahmed to adjourn the meeting at 10: 00 P.M. Richard
Femino seconded the motion, and the vote was unanimous .
Respectfully submitted by:
• Debra A. Tucker , Acting Clerk
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
MAY 24, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday May 24, 1990 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, Fred Harney, and Betsey Horne.
Also present were: Kathy Winn, Conservation Administrator,
Debra Hurlburt, and Eileen Sacco, Clerk.
The meeting was called to order at 7:30 P.M. by Chairman John
Vallis.
PUBLIC HEARING - KERNWOOD COUNTRY CLUB - NOTICE OF INTENT
Paul Summer of Summer Environmental Technologies addressed 'the
Commission on behalf of his clients, Kernwood Country Club.
He explained that they intend to remove a sand trap and do some
regrading and delineation of a green at the Golf Course. He
stated that they would use siltation erosion control measures
to protect the area during the changing of the green. He further
• noted that they would rapidly seed the green and maintain it
intensively.
John Vallis asked why the project was being done. Martin
Goldman, President of Kernwood addressed the Commission and
stated that they were redoing the green to make it larger and
it is alternatively located to be more aesthetically interesting.
George Ahmed asked if they would be removing any trees for the
project. Mr. Summer stated that what is there now is small
scrub oak and one birch tree which they are attempting to retain
in the area.
Fred Harney asked how the construction vehicles would access
the area. Mr. Summer stated that there is a golf cart path
and an existing service road that would be used so that no
vehicles would be on the wetland side of the tee or green.
John Vallis asked if the runoff in the area would be affected.
Mr. Mello stated that the runoff would change towards the
fairway.
George Ahmed asked if when the project is completed there would
be any negative impact on the area. Mr. Summer replied that
there would be no negative impact.
1
•
• John Bleiler asked if any of the proposed work was staked out,
and suggested that the Commission make a site visit to the
property.
John Vallis agreed that a site visit was in order and asked
Mr. Summer if the area could be staked before the site visit.
Mr. Summer stated that the area could be staked for the visit.
Motion made by John Bleiler to continue the Public Hearing until
the next meeting of the Commission pending a site visit, seconded
by Bob Crowley and approved unanimously.
It was decided to hold the site visit on Saturday, June 2, 1990
at 9:00 A.M.
ORDER OF CONDITIONS - TOWN OF MARBLEHEAD/MWRA - FIVE DAY PUMP
TEST
Fred Harney recused himself from discussion of this matter.
John Vallis discussed the proposed special conditions for the
Town of Marblehead/MWRA Five Day Pump Test. He noted that the
Public Hearing was closed at the last meeting of the Commission
and the time frame waived.
Chairman Vallis reviewed each condition and discussed them with
• the Commission.
Doug Reed of SEA Consultants stated that there is an outside
chance that the test could take longer than five days to
complete, but that they would not know that until the test
begins. He asked if they would need to come before the
Commission should the test go beyond five days.
John Bleiler questioned if knew that they test could take longer
during previous discussion of the project or if this was new
information. Mr. Reed stated that the DEP regulations state
that it is a five day test or until stabilization is reached.
John Vallis stated that they should try to schedule the pump
test during a period when the Commission would be meeting should
they need to request additional time to complete the test.
John Bleiler noted that the discharge area should be noted on
the plans and that they should be submitted to the Conservation
Commission prior to the start of testing. He also suggested
that a copy of the results of the pump test should be given
to the Commission.
John Bleiler suggested that a condition should be added that
staked hay bails shall be placed down gradient of the pumping
station,
2
•
• John Vallis stated that he would like to see something about
the pretest surveys that should be done on the homes in the
area. Mr. Reed stated that the scope of the survey had not been
determined as of yet but they would notify the Commission when
it is.
Dana Snow from the Marblehead Water and Sewer Board stated the
Town was willing to do the surveys for its protection and to
satisfy the neighbors concerns. John Vallis suggested that
when the surveys are complete the results should be sent to
the Conservation Commission prior to testing. He suggested
adding a condition that stated copies of the results of the
pre and post testing shall be provided to the Salem Conservation
Commission for survey inspections of 15, 17, 19, 20 and 21 Linden
Avenue.
George Ahmed asked how soon after the completion of the test
would the post surveys be done. Mr. Reed stated that it had
not been determined.
Motion made by Richard Femino to attach 11 special conditions
to the previously issued Order of Conditions, seconded by George
Ahmed and approved unanimously.
• Fred Harney returned to the meeting at this time.
PROGRESS REPORT - STORY STREET VIOLATIONS
Attorney John Keilty representing Steve Lovely addressed the
Commission and reported that there have been no changes. He
requested that the Commission consider a proposal to loam and
seed the area to stabilize the site. He noted that this would
be a more economical approach to a solution.
John Vallis asked Paul Summer what the effectiveness of a clay
cap would be. Mr. Summer stated that it would be a viable
alternative to removing the fill, noting that removing it would
cause a greater disruption to the area. He stated that clay
is preferred in land fills for controlling infiltration as an
alternative to capping.
Richard Femino expressed his concern that if there is potentially
bad fill in there, covering it would not be the solution.
John Vallis suggested that the fill should be examined.
Attorney Keilty suggested that the Commission arrange a site
visit and they could get a back hoe there to examine the fill.
Attorney John Crean, representing Mr. Emmerton addressed the
3
•
Commission and stated that his client never gave anyone
• permission to dump on his land. He suggested that Mr. Emmerton
would like to convey the property to the City, noting that the
area is a buffer to the golf course and could possibly expand
the playground in the area.
John Vallis stated that it was a generous offer but noted that
he did not think that the City should accept contaminated land.
He did say that if the land were to be cleaned up the City could
take it. Attorney Crean stated that if the city were given
the land, the City could take care of the clean up.
George Ahmed suggested that Attorney Crean submit a written
proposal to the Commission.
John Bleiler stated that a 21E on the property would have to
be evaluated.
Attorney Crean stated that he would draft a proposal to be
submitted to the Commission.
John Vallis stated that he would get in touch with the DPW and
Mayor Harrington to see what could be done.
Attorney Keilty stated that he would like to arrange for the
back hoe for the excavation of Mr. Lovely' s property prior to
scheduling a site visit. John Bleiler asked if all of the
• requested information had been submitted to the Commission.
Attorney Keilty stated that he would have the plans brought
up to date and impress upon Mr. Raby of the necessity to comply
with the Commission's request, and have his lines delineated
by a registered professional land surveyor. John Bleiler
requested that the lines be delineated by the date of the site
visit.
OLD / NEW BUSINESS
1 PEABODY STREET PROGRESS REPORT
John Bleiler recused himself from discussion of this matter.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission and reported that they will be filing for a permit
next week for the discharge of the water in the tanks located
during the preliminary investigation. He noted that they will
be looking for a location on the street to pump the material
out, and the material in the 2,000 gallon tanks will be pumped
and taken away as it is hazardous. He stated that when the
tanks are empty they will be removed from the ground. He
estimated that the process would take 2-4 weeks and the fire
department would be involved.
Motion made by George Ahmed to continue the Public Hearing for
4
•
• Kathy Winn reported that she had spoken to Rick Rowsel of Gibbs
Oil and they received approval for the removal of the fill on
May 18 from DEP. She noted that they are finalizing the plans
to remove it to Londonderry New Hampshire.
Kathy Winn reported that the wrong person had been contacted
with regards to the dumping on 23 Clark Street. She reported
that the correct owner is Walter Abraham who lives on Valley
Street. She will pull the file and review the previously issued
Order of Conditions and issue a cease and desist order.
Kathy Winn reported that she received a letter from Randall
Weiting requesting to build a bird house on Pierce Road. John
Vallis stated that the Commission could not authorize the
building of any structure, temporary or otherwise on property
owned by another. He suggested that Mr. Weiting be sent a letter
concerning the matter, and noted that should he decide to build
it on his own property, and it is in the buffer zone he will
need to file a request for determination with the Commission.
John Vallis reported that he has been unable to arrange a
definite meeting with City Solicitor Kevin Daly. George Ahmed
suggested sending a letter to him to attend the next meeting
of the Commission, to discuss the operation of the tidal gates
at Forest River.
The Commission discussed the Tidal Gates. John Vallis stated
• that the legislation reads that the Conservation Commission
can advise the Mayor with regards to the schedule for the
operation of gates.
George Ahmed suggested adopting the recommendations of Professor
Moore regarding the schedule for the opening and closing of
the gates. John Bleiler noted that Dr. Moores ' recommendation
is to keep the tidal gates closed, but if they have to be opened
he suggested times that would be less harmfull to the ecology.
Richard Femino suggested that the gates should be kept open
until the City Solicitor can meet with the Commission to discuss
the matter.
Betsey Horne suggested that it may put the Mayor in an awkward
situation with the neighbors, and that perhaps the Commission
could make recommendations on the times to close the gates until
a solution can be reached.
John Vallis will contact Mayor Harrington to discuss the Tidal
Gates with him.
George Ahmed asked about the status of the dumpster on the
Bertini Property. Kathy Winn reported that the dumpster is
not in the buffer zone.
• 5
Betsey Horne asked if DEP had a time requirement in which to
make a decisions on appeals such as Joyce Salvos. Kathy Winn
• stated that they have 70 days from the date that the appeal
is filed.
APPROVAL OF MINUTES
The minutes of the meeting of May 10, 1990 were presented for
approval. Motion made by Richard Femino to approve the minutes
of the meeting of May 10, 1990, seconded by George Ahmed and
approved unanimously.
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 John Bleiler and approved unanimously.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC052590
•
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•
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAY, JUNE 14, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, June 14, 1990, at 7:30 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, John
Bleiler, Bob Crowley, Fred Harney, and Betsy Horne. Also present
were Kathy Winn, Conservation Administrator, Debra Hurlburt
of the Salem Planning Department, and Eileen Sacco, Clerk.
The meeting was called to order by the Chairman, John Vallis.
STORY STREET DISCUSSION
Kathy Winn reported that Attorney John Keilty had informed her
that they had scheduled a back hoe to excavate the area for
next Saturday, but that they were trying to reschedule it for
a weekday. George Ahmed and Bob Crowley stated that they could
attend if it were done during the week.
George Ahmed suggested that the soil should be tested, to be
sure that it is clean fill. John Vallis noted that it could
be expensive, and suggested that if it is clearly clean fill
• it would not need to be tested, but if there is any question
then the Commission could order that it be tested. John Bleiler
suggested that if they use an environmental firm they may have
the equipment to test the soil.
George Ahmed asked if the Commission is not satisfied with the
results of the excavation can they take alternative measures.
John Vallis stated that they could.
John Bleiler stated that he felt that if the fill is found to
be unclean then they should be made to remove it.
Fred Harney recalled that Mr. Lovely had been before the
Commission before with the regards to the placement of the
swimming pool in his yard. He asked Kathy Winn to review the
records. He noted that he thought that the area in question
at present is closer to the wetland than the pool.
John Vallis noted that Mr. Lovely was aware prior to placing
the fill that he should go before the Commission, and the
Commission could make him remove it. John Bleiler noted that
other Conservation Commissions do it all the time. He further
noted that if it is found to be bad fill it should be removed.
George Ahmed suggested that the Commission take samples of the
soil and have it tested, and have Mr. Lovely pay for it. Betsy
• 1
Horne noted that there are clear quality control measures that
are taken when samples are collected and procedures that are
followed by professionals. She noted that you can not use just
any container to collect samples.
John Bleiler suggested that they be required to have the soil
tested if the Commission sees that it appears that there is
more there than the rocks stated in the affidavit.
George Ahmed asked if Attorney Crean had submitted his proposal
to the Commission regarding Mr. Emmerton' s property. Kathy
Winn stated that she had not received anything yet.
John Vallis asked that Attorney Keilty be contacted to arrange
for the back hoe for a weekday, with qualified personnel to
evaluate what they find.
KERNWOOD COUNTRY CLUB - ORDER OF CONDITIONS
John Vallis suggested that the Commission continue the Kernwood
Country club request for an Order of Conditions, since they
were not present at the meeting.
The Commission discussed the site visit that was held. Fred
Harney stated that he had no problem with the issuance of an
Order of Conditions.
• John Bleiler suggested that on the fifth tee there should be
double erosion control measures to make it clear to them that
there is a limitive work line. He also stated that he would
like them to minimize the number of trees that are removed for
the project.
Motion made by John Bleiler to continue the Public Hearing for
Kernwood Country Club until the next regular meeting of the
Commission, seconded by George Ahmed and approved unanimously.
OLD/NEW BUSINESS
Kathy Winn reported that she received a letter from Roger
Pelletier stating that he felt that the Army Corp of Engineers
should be involved in the Salem Hospital Parking lot.
Kathy Winn reported that she had received a letter from Ellen
DiGironimo stating that the Beverly Salem Bridge Project is
waiting for FHWA to re-evaluate plans and are proceeding with
the , permitting process . The letter also stated that there would
be a public meeting on July 9, 1990 regarding the bridge.
Kathy Winn also reported that she had received a letter from
DEQE concerning the Forest River Tidal Gates.
John Vallis stated that he was unable to get City Solicitor
2
•
Kevin Daly to attend tonight's meeting but would try to have
him come to the next meeting. George Ahmed stated that the
Commission should send a letter to Kevin Daly asking him to
.J attend the next meeting. Betsy Horne suggested that the letter
should clearly stated that if the Commission does not hear from
the City by the next meeting, the Commission would proceed on
the matter.
John Bleiler reviewed the correspondence from DEP and stated
that they have issued a superceding determination, on Dr. Moore' s
request for a Determination of Applicability as an abutter.
He noted that the City must file a Notice of Intent or DEP
will issue an Enforcement Order.
Kathy Winn will call Mr. Perkins at DEP to clarify the matter
and see how to proceed.
John Vallis suggested that a letter be sent to the Mayor
requesting that the City notify the Commission how they intend
to proceed. He will write the letter and send it to the Mayor.
APPROVAL OF MINUTES
The minutes of the meeting of May 24, 1990 were presented for
approval. Motion made by Fred Harney to approve the minutes
for the meeting of May 24, 1990, seconded by Betsy Horne and
approved unanimously.
• There being no further business to come before the Commission
at this meeting, a motion was made by Fred Harney to adjourn
the meeting seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 9:20 P.M.
RESPECTFULLY SUBMITTED BY;
4 vq,4,)
EILEEN M. SACCO, CLERK
CC061490
3
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
JUNE 28, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, June 28, 1990 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Those present were Chairman John Vallis, George Ahmed, John
Bleiler, Bob Crowley, Fred Harney, and Betsy Horne. Also present
were Kathy Winn, Conservation Administrator, and Eileen Sacco,
Clerk.
The meeting was called to order by Chairman John Vallis at 7: 30
P.M.
ORDER OF CONDITIONS - KERNWOOD COUNTRY CLUB
Attorney Goldman, President of Kernwood Country Club was present
at the meeting to address questions from the Commission
concerning their proposed alterations to the golf course.
The Commission discussed the issuance of an Order of Conditions
for the project. Motion made by George Ahmed to close the public
hearing, seconded by Fred Harney and approved unanimously.
• Motion made by George Ahmed to issue an Order of Conditions
for the project seconded by Bob Crowley and approved unanimously.
The Commission discussed special conditions to be attached to
the Order of Conditions. George Ahmed asked if they intend
to remove any trees. Mr. Goldman stated that they would try
to trim one tree back rather than remove it. John Bleiler stated
that he had no problem with a minimal amount of trees being
removed and noted that it would be in the best interest of KCC
and the Conservation Commission to do so. He further noted
that the removal of tree branches, limbs, or other vegetation
should be minimal.
George Ahmed asked what the completion time for the project
would be. Mr. Goldman stated that it is estimated to take three
weeks to a month to complete. He noted that the grounds keeper
at KCC would be responsible on behalf of KCC.
There being no further questions or comments from the Commission
a motion was made by John Bleiler to append the list of Special
Conditions to the Order of Conditions, seconded by George Ahmed
and approved unanimously.
The Special Conditions approved are as follows:
1
•
FOREST RIVER TIDAL GATES DISCUSSION - CITY SOLICITOR KEVIN DALY
City Solicitor Kevin Daly was present at the meeting to discuss
the Tidal Gates at Forest River. He stated that in his opinion
the legislation Chapter 593, passed in 1975 requiring the opening
and closing of the tidal gates at Forest River states that the
mayor is obligated to regulate the use of the gates. He also
noted that in his opinion the Superseding Determination of
Applicability was defective because it was not addressed to
the City, but addressed to Mr. Johnnes Moore.
Atty. Daly stated that Chapter 593 is clear and the Mayor intends
to regulate the use of the gates.
John Vallis asked Atty. Daly if he thought that Chapter 593
supersedes the Wetlands Protection Act. Atty. Daly stated
that he doesn' t find them conflicting, but feels that chapter
593 takes precedence over the WPA, as it directs the Mayor to
regulate the opening and closing of the gates.
Betsy Horne noted that the law indicates that the Mayor should
set a schedule for the opening and closing of the gates, and
asked if the Mayor had done so. John Vallis stated that he
had prepared a schedule based on Professor Moores suggestions
that he submitted to the Commission two years ago. He stated
that he prepared the schedule using the closest high tide to
Saturday morning for the closing of the gates. He stated that
• he based the times on the tidal chart and added 1 hour and 50
minutes to the times on the chart.
George Ahmed asked if the DPW would adhere to the schedule for
correct opening and closing times. Kathy Winn stated that she
did not think that there would be a problem because the DPW
has night crews that will open and close them.
John Bleiler asked Atty. Daly if the city plans to file a Notice
of Intent or a Determination of Applicability with the
Commission. Atty. Daly stated that the City is not admitting
jurisdiction of the matter by anyone other that the statute.
George Ahmed asked what the legal position of the Commission
was in regards to this matter. He noted that he felt that there
was a conflict as to which authority to listen to. Atty. Daly
stated that his preliminary opinion is that the authority of
the Conservation Commission in this matter is limited to
consulting with the Mayor by virtue of Chapter 593.
John Bleiler stated that the WPA protects fisheries and wildlife
and the closing of the tidal gates can be detrimental to them.
He further noted that Chapter 593 puts those issues aside.
George Ahmed asked that Solicitor Daly send the Commission a
letter for their file.
2
John Bleiler asked Atty. Daly if the state assumes jurisdiction,
• if the city would stand by Chapter 593. He replied yes they
would.
John Bleiler noted that Chapter 593 addressed the opening and
closing of the tidal gates. He asked if repairs to the gates
would require a Notice of Intent. Atty. Daly stated that he
felt that the legislation included standard maintenance
procedures.
City Solicitor Daly stated that he would pass the recommendations
of the Commission on the Mayor Harrington. He also noted that
requests for opinions from him must come in writing.
The Commission reviewed the schedule for the opening and closing
for the weekend of June 30 and July 1 . It was recommended that
the gates be closed at 6:44 a.m. on Saturday June 30 and be
opened at 8:08 p.m. on July 1 .
John Bleiler expressed his concern that the state would step
in and take over, and noted that he thought that the Commission
would look foolish allowing this situation to occur.
Betsy Horne asked for a review of the history of the tidal gates.
John Vallis reviewed the events of the situation.
John Bleiler suggested sending a copy of Kevin Daly's opinion
• to DEP and CZM with a letter from the Commission, letting them
know that the Commission has no alternative.
Betsy Horne expressed her concern that she sees the situation
going away after the summer and coming back again next summer.
She also noted that she felt as a Commission they have an
obligation to assist in or find out if an impact is occurring.
She further noted that she is concerned about allowing a
potential detriment to the environment to occur.
George Ahmed suggested inviting Mike Ruane to a meeting to
discuss the situation since he pushed the legislation.
John Bleiler suggested that the Commission see if perhaps a
Salem State College Student would do a study of the area to
see if there is any impact from the opening and closing of the
gates. George Ahmed suggested that maybe another school in
the area other that Salem State could do that since Salem State
is involved as an abutter
OLD/NEW BUSINESS
Kathy Winn reported that she has been unable to reach Attorney
Keilty regarding the Story Street violations.
Kathy Winn also reported that she received a letter from Loretta
3
Weiting, and a photograph of the birdhouse that the put up on
the city owned land abutting her property. John Vallis expressed
his concern that the Commission had told them they would not
authorize the construction of anything on someone else' s
property. John Bleiler stated that he had no problem with a
birdhouse on conservation land and thought it would create
publicity.
Betsy Horne reported to the members that on August 11 , 1990
there will be a nature walk at the Forest River Conservation
Area.
APPROVAL OF MINUTES
The minutes from the meeting of June 14, 1990 were presented
for approval. Motion made by Bob Crowley to approve the minutes
of the meeting of June 14, 1990, seconded by George Ahmed and
approved unanimously.
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 10:00 P.M.
RESPECTFULLY SUBMITTED BY:
•
EILEEN M. SACCO
CC062890
4
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
JULY 12, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 12, 1990 at 7:30 P.M.
Those present were: Chairman John Vallis, John Bleiler, George
Ahmed, Bob Crowley, and Betsy Horne. Also present were Kathy
Winn, Conservation Administrator, and Eileen Sacco, Clerk.
DISCUSSION - GTE/SYLVANIA CLEAN UP
Randall Craig addressed the Commission to get their input on
their plans to clean up property on Loring Avenue owned by
Sylvania. He showed the Commission plans and discussed them.
He noted that they plan to permanently close the parcel of land
that is filled with glass and covered by sandy soil. He stated
that they propose to install a low permeable soil cap, and they
hoped that two feet would be sufficient.
George Ahmed asked if any test borings had been done on the
property. Mr. Craig replied that they had done test borings
in 1984 and that they located glass for seven feet before they
reached silty sand. He also noted that they have done other
environmental testing, and are presently testing for chemical
• constituency. George Ahmed asked that copies of the studies
be sent to the Commission for their records.
Betsy Horne asked if the site was a 21E site. Mr. Craig stated
that the it is considered a 21E site. Betsy Horne also asked
if there was any indication of anything other that glass on
the site. Mr. Craig stated that they have found natural soils
below the glass lines and have tested for chemicals such as
heavy metals and have detbrmined that no mitigation of heavy
metals has taken place in the area.
George Ahmed also expressed his concern about chemicals in the
area. Bob Crowley noted that at one time a salvage operation
was on that site, but has since been removed.
George Ahmed asked if the soil around the banking has been
tested. Mr. Craig stated that the samples taken were found
to be below the acceptable levels.
Mr. Craig noted that the objective of GTE is to have the area
characterized as a landfill rather than a hazardous waste area.
He stated that the state has agreed to close is as a solid waste
landfill but that the property is listed on the Massachusetts
Contingency Plan. He also noted that they intend to apply for
a waiver so that they can close the landfill on their own
schedule.
1 .
John Vallis asked about the difference between closing hazardous
• and solid waste. Mr. Craig stated that the difference would
be capping versus remediating and if it is classified as
hazardous it would be more complicated to close.
Betsy Horne asked how many acres are involved. Mr. Craig stated
that there are seven acres involved. Betsy Horne asked GTE
had any plans for the property after they close the plant.
Mr. Craig stated that he did not know what GTE plans for the
property but closure does not preclude the use of the land.
Betsy Horne asked what the timetable for the project would be.
Mr. Craig stated that they have a number of agencies to get
approval from before they can proceed and they are hoping to
start construction next summer.
John Vallis suggested that the more information they provide
for the Commission with their Notice of Intent, the better it
would be for the Commission
REQUEST FOR EXTENSION - WALTER ABRAHAM, 65 VALLEY STREET
Kathy Winn informed the Commission that she had received a
request for an extension of an Order of Conditions that was
issued to Walter Abraham at a Public Hearing closed on July
30, 1987. The Order of Conditions expires at the end of this
month.
• John Vallis suggested that the Commission make a site visit
to the property to see if a violation to the Order of Conditions
is occuring. He noted reports of illegal dumping taking place.
Motion made by George Ahmed to have site visit to the property
located on Clark Street, seconded by Bob Crowley and approved
unanimously.
Kathy Winn will contact Mr. Abraham to arrange for the site
visit. The Commission decided to have the site visit on Tuesday,
July 17, 1990 at 5: 30 P.M.
REQUEST FOR EXTENSION - DARBY LANDING
The request for the extension of an Order of Conditions for
Darby Landing was tabled until the next meeting of the Commission
since George Ahmed and John Vallis had to recuse themselves
from discussion of this matter.
OLD/NEW BUSINESS
John Vallis suggested that the Commission hold a Special Meeting
for the purpose of discussing the Salem/Beverly Bypass Road
proposal. He suggested that the Commissioners take time before
the meeting to review the documents.
f 2.
Motion made by George Ahmed to have a Special Meeting of the
A Conservation Commission for the purpose of discussing the
} Salem/Beverly Bypass Road, seconded by Bob Crowley, and approved
` unanimously.
TIDAL GATES DISCUSSION
Kathy Winn reported that the neighbors monitored the tides and
determined that there is no fifty minute lag time between the
Boston and Salem Tides. She noted that the used the Eldridge
Tidal Calendar and determined that they closely coincide. She
also reported that the neighbors had requested that the times
for closing the gates be determined by the last high tide on
Friday rather than the earliest high tide on Saturday. Kathy
Winn also reported that Mrs. Tanzinni noted that there are five
high tides at 4 P.M. on Sundays and requested that the schedule
delay the opening time by one hour on those dates.
John Vallis expressed his concern that the gates should be closed
for the smallest amount of time possible.
The Commission discussed the times for the closing and opening
of the gates for the weekend of July 14 and 15. It was
recommended that the gates be closed at 4:51 A.M on Saturday
and opened at 5:10 P.M. on Sunday.
Kathy Winn also reported that she had received correspondence
•, from Dr. Moore notifying the Commission of his receipt of the
Determination from DEP.
John Vallis read a letter to the Commission that he received
from Councillor Mark Blair asking that the Commission investigate
possible violations at Tetrault Hot Top at the rear of Bertini ' s
Restaurant.
STORY STREET VIOLATIONS
Kathy Winn reported that she had not be able to contact Atty.
Keilty regarding the status of the Story Street violations.
John Vallis suggested that a certified letter be sent to Atty.
Keilty stating that if the Commission is not notified of the
date and time of the presence of the back hoe to do the
exploration of the site by July 26, 1990, then the Commission
will take appropriate legal action.
There being no further business to come before the Commission
at this meeting, a motion was made by John Bleiler to adjourn
the meeting seconded by Bob Crowley and approved unanimously.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO
CC071290
3.
1
SALEM CONSERVATION COMMISSION
MINUTES OF
JULY 26, 1990 MEETING
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 26, 1990 at 7 : 30 P.M.
Those present were: Chairman John Vallis , George Ahmed, Robert
Crowley, and Fred Harney. Also present were Kathy Winn, Conservation
Administrator, and Debra Tucker, Acting Clerk.
EXTENSION PERMIT FOR HAWTHORNE COVE MARINA
John Vallis recused himself from the matter of the request for
an extension permit for the Hawthorne Cove Marina.
This resulted in the lack of . a quorum to decide the matter of
the extension. The request will be taken up at the next regularly
scheduled meeting in September 1990.
PUBLIC HEARING: NOTICE OF INTENT FOR 3 BROOK STREET
• Tony Fletcher addressed the board on behalf of Michael Kapnis
regarding a notice of intent filed for 3 Brook Street . The
Kapnises intend to construct a single family home on the property
at 3 Brook Street , a portion of which is located within a buffer
zone. Mr. Fletcher gave the board some background information
regarding the flood plain project at Dove Ave. which was completed
in 1973-1974 when he was the City Engineer and Director of Public
Works.
A variance from side lot requirements has been granted to the
Kapnises . They propose to extend the channel which exists at
the back of their property approximately fifty feet ( 501 ) and
recontour the land in the same manner as on either side of the
abutting properties .
According to Mr. Fletcher, the channel depth and flow is controlled
at Rosie ' s Pond and at the marsh area behind the hospital by
strong inlet and outlet controls . The pumps are activated by
the drainage on Jefferson Ave.
Attorney James Fleming indicated that a six month time limit ,
the maximum statutory, had been imposed on January 25 , 1990
by the Board of Appeals but was acutally issued February 7 ,
1990, so that would make it valid until August 8, 1990.
John Vallis stated that a site visit is usually warranted in
such requests but that this is the last meeting before the board
recesses until September.
Page 2 of 6
Minutes of Conservation Commission Meeting 7-26-90
Attorney Fleming stated that the Kapnises need the Conservation
Commission to sign off on the project in order to receive a
building permit , which they must get before the time limit
expiration.
George Ahmed asked Mr . Fletcher how long he had been working
on the project . Mr . Fletcher replied that it had taken two
and a half months to have a survey done. He stated that Brook
St . had been created between Jefferson Ave . and Lawrence St . by
the engineering department in order to put in a sewerage system
for the hospital . He stated that the area is never under more
than six to eight inches of water and that there are no velocity
or volume problems and no runoff . The Kapnises intend to keep
the back of the property as a grassy area. Mr . Fletcher indicated
that at the back of the property the flow is kept restricted
and confined from Dove Ave. to Rosie's pond except at the Pelletier
property.
Mr . Fleming said that the present petitioners had received the
land as a gift from Mr. Pelletier , Mr . Kapnis ' s father-in-law.
Mr . Pelletier has owned the land for some time and has paid
taxes on it throughout . Since the area was given an "easement
by necessity" virtually by eminent domain, the petitioners have
• suffered "for the greater good. "
John Vallis asked about any apparent vegetation as is noted
on the assessor 's map. Mr . Fletcher replied that there didn ' t
appear to be any. Mr . Vallis then pointed out that the proposed
contours would be made on the abutting property owned by Mr .
Pelletier . Mr . Fletcher said that Mr . Pelletier is present
tonight and has no objection to this . George Ahmed asked that
Mr . Pelletier put this in writing . Mr . Pelletier indicated
that he would if necessary . Mr . Ahmed asked if the total plan
is in writing. Mr. Fletcher said that there was no total chrono-
logical plan in writing. John Vallis said that since the contouring
would be done on Mr . Pelletier ' s property , his abuttors would
have to be notified. Even though they were notified concerning
the Kapnises ' request and the variance, this is a separate matter
and they may have objections .
The existing rip rap according to Mr . Fletcher runs ten feet
into the abutting property. Since he would supervise the project
he said that the first thing that would be done before any con-
struction would begin would to have Mackey Construction build
a rip rap wall .
John Vallis informed them that since the board needs further
information and since a site visit to the area would be necessary,
• the Conservation Commission could issue an order of conditions
with the stipulation that the conditions are to be determined
at a later date and added . This would give the board broad
Page 3 of 6
Minutes of Conservation Commission Meeting 7-26-90
range of latitude and the board could still impose strict con-
ditions .
George Ahmed asked if the area had been staked . Mr. Fletcher
replied that all four corners had been flagged . He said that
the slope is three to one and that the land is almost completely
flat . He also stated that Brook Street was paved in the mid
1970 ' s, and there is little gradient to Lawrence Street .
Mr. Vallis asked Mr. Fleming if the petition before the commission
should be amended to include Mr. Pelletier's abuttors. Mr. Fleming
replied that even though the reason for appearing before the
board had changed, all of the abuttors had been notified. Mr. Vallis
said that since Mr. Pelletier was not under any time constraint
then he should file a separate notice of intent .
George Ahmed asked about sewer connections. Mr . Fletcher stated
that there is a thirty inch ( 3011 ) sewer main and an eight inch
( 811 ) water main in place.
The Commission scheduled a site visit for September 8 , 1990
at 9 : 30 A.M. for 3 Brook Street .
George Ahmed moved that the Public Hearing be closed. Robert
Crowley seconded the motion, and it was approved unanimously.
George Ahmed asked Mr . Fleming if he understood that in the
remote chance that the board is not satisfied with the plans
that the Commission could order the building inspector to revoke
the building permit , which would in effect tie the Kapnises '
hands . Mr . Vallis added that this was not a blanket approval
merely the issuance of an order of conditions , to be named at
a later date , so that the Kapnises would be able to apply for
a building permit. Attorney Fleming said that they understood.
Robert Crowley moved that an order of conditions be issued to
Michael and Maureen Kapnis for 3 Brook Street as follows : that
the order of conditions be subject to such other and further
conditions as may be determined at the next regularly scheduled
meeting , and that said order of conditions is subject to the
assent of the abuttors as shown as lot 171 who shall file a
Notice of Intent for work to be done on the abutting property.
Fred Harney seconded the motion, and it was approved unanimously.
OLD BUSINESS :
DISCHARGE OF EFFLUENT AT 1 PEABODY STREET
Hugh Mulligan of Gulf of Maine sent the Commission a letter
regarding 1 Peabody Street . The matter had been continued from
the last meeting. According to Mr. Mulligan the SESD has found
Page 4 of 6
Minutes of Conservation Commission Meeting 7-26-90
that the discharge is clean and not suitable for processing
by the SESD and has recommended that the discharge be directed
into the South River . Dr . Mulligan indicated that he would
pursue the matter with the EPA in order to get approval . He
would like to continue the public hearing until September .
John Vallis asked if there would be no further discharging until
then. Kathy Winn said that she did not necessarily think that
this would stop . Mr . Vallis asked that a letter be sent to
Dr . Mulligan granting the continuance with the understanding
that there will be no further discharge of effluent into the
South River . George Ahmed also added that he would like a copy
of the lab report from the SESD.
REQUEST FOR PERMIT EXTENSION FOR 65 VALLEY ST.
Walter Abraham had sent a letter to the Conservation Commission
apologizing for not attending the site visit . He stated that
due to economic conditions he has not completed the work. John
Vallis said that the site looked relatively good . George Ahmed
asked that Mr . Abraham ' s letter be attached and made a part
of the minutes.
• George Ahmed moved that due to the financial hardship Walter
Abraham has encountered, the Conservation Commission grant him
a three year extension on the order of conditions issued to
him for the property at 65 Valley Street . Robert Crowley seconded
the motion, and the motion was approved unanimously.
TIDAL GATES
The Conservation Commission received a reply from City Solicitor
Daly. John Vallis read the letter dated July 19, 1990. Attorney
Daly determined that Chapter 593 supercedes the Wetlands Protection
Act and indicated that the Mayor intends to obey this law and
regulate the tidal gates . Fred Harney reported that one of
the gates is broken and in the down position . He said that
previously two were broken, and that even when the gates are
working that they are not holding the water back as well as
they should and are leaking at the gate area.
John Vallis instructed Kathy Winn to send a copy of the original
letter from the Conservation Commission to the City Solicitor
and his reply to the DEP . He also asked that a directive be
sent to the Salem DPW with a copy sent to the Mayor to keep
all three gates raised while they are malfunctioning.
Mr . Vallis stated that the legal opinion has been rendered by
• the City. The matter of conflicting legal opinions is now between
the DEP and the City . The Conservation Commission is precluded
from taking any action until the determination of which legal
• Page 5 of 6
Minutes of Conservation Commission Meeting 7-26-90
opinion is correct . Once the matter is settled the Conservation
Commission will be directed as to which law prevails. Robert
Crowley noted that the Conservation Commission is caught in
the middle.
The board reviewed the tidal schedule and recommended tidal
gate opening and closing schedules from Dr. Moore and Mrs. Panzinni .
The board compared the two schedules and devised the following
schedule which will be recommended to the Mayor as the schedule
to follow for the remainder of the summer of 1990:
Saturday July 28 close 4 : 24 A.M.
Sunday July 29 open 5 : 38 P.M.
Saturday August 4 close 10 :40 A.M.
Sunday August 5 open 11 : 28 P.M.
Saturday August 11 close 3 : 24 P.M.
Sunday August 12 open 4 : 13 P.M.
Saturday August 18 close 10 :02 A.M.
Sunday August 19 open 11 : 11 P.M.
Saturday August 25 close 3 : 19 P.M.
Sunday August 26 open 4 :05 P.M.
Saturday September 1 close 9 : 16 A.M.
Sunday September 2 open 10: 14 P.M.
• Monday September 3 close 10 :46 A.M.
Monday September 3 open 10: 57 P.M.
This schedule will be sent to the Mayor , City Solicitor , and
the DPW . This is the best compromise that could be reached
taking into consideration the recreational needs of the public
and the least possible damage to be done to the wetlands area.
The Conservation Commission will ask that when the DPW employees
are opening or closing the gates that they be sensitive to the
level of water, and if waiting a few minutes would be beneficial
then they are to use their discretion.
JULY 12 , 1990 MINUTES
Fred Harney moved that the minutes for the Conservation Commission
meeting held on July 12 , 1990 be approved as submitted . George
Ahmed seconded the motion, and the motion was approved unanimously.
John Vallis instructed Kathy Winn to send letters to Attorney
Keilty regarding Mr . Lovely and Mr . Ravey . Soil testing must
be completed by August 10, 1990 or legal action will be taken .
The information must be in to the office by that date regardless
of the fact that the next meeting is not until September.
• George Ahmed asked Kathy Winn to make copies of a new manual
on the enforcement of the Wetlands Protection Act for all of
Page 6 of 6
Minutes of Conservation Commission Meeting 7-26-90
the Commission members .
John Vallis recommended that a letter of reply be sent to Councillor
Blair indicating that the area in question appears to be within
a buffer zone and therefore not subject to an order of conditions.
Kathy Winn recommended a site visit by the Conservation Commission
members to view the new Winter Island pier . She said that a
dedication ceremony will be held sometime in August .
NEW BUSINESS:
MEETING TIME CHANGE
George Ahmed asked if it would be possible to move the time
that the Conservation Commission meets up to 7 : 00 P . M. He said
that he would prefer this schedule to the current 7 : 30 P .M .
meetings . Kathy Winn said that she would make sure , but that
it should be alright as long as the time is still convenient
to the public .
George Ahmed moved that all future Conservation Commission meetings
be held at 7 :00 P.M. beginning with the next regularly scheduled
• meeting in September 1990. Robert Crowley seconded the motion,
and the motion was approved unanimously.
Mr . Vallis asked Kathy Winn to notify all board members of this
change .
There being no further business to come before the Commission,
a motion was made by Robert Crowley to adjourn the meeting at
9 : 35 P . M . George Ahmed seconded the motion, and approved
unanimously.
Respectfully submitted
By:
C�1 ". -mac.!
Debra A. Tucker
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, SEPTEMBER 13, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 13, 1990 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, John Bleiler, Bob
Crowley, Richard Femino, Fred Harney and Betsy Horne.
DETERMINATION OF APPLICABILITY - SALEM PARTNERSHIP WALKWAYS
COMMITTEE, FOREST RIVER
Deborah Hilburt of the National Park Service and a member of
the Salem Partnership Walkways Committee, addressed the
Commission and explained the Committee's plans for establishing
walkways throughout the city. She noted that they are beginning
with the forest River Conservation area, and described their
plans for cleaning up the trail that exists. She stated that
they plan to have a workday to clear brush, replace tread on
the wooden boardwalk, install a handrail, and define the path.
She stated that they plan spread some gravel and cover the it
with a geotextile style fabric.
• John Vallis stated that he had walked the area with a
representative of the Appalachian MountainTrails and noted
that the area needs some attending to. He noted that the
geotextile fabric would be porous and durable and would raise
the area but permit drainage.
John Bleiler asked if the damp area had any vegetation in it.
Debbie Hilburt replied no.
Betsy Horne asked how they plan to get the gravel to the site.
Debbie Hilburt stated that it would be dumped in the Salem State
Parking lot and they would use wheelbarrows to get it to the
site.
Debbie Hilburt also noted that the Town of Marblehead wanted
to work with the Committee, and that they plan to have a formal
trail opening in October. She also noted that they have plans
to publish a brochure.
Kathy Winn relayed George Ahmed's request that trash barrels
be placed along the trail.
There being no further questions or comments concerning the
proposal, a motion was made by John Bleiler for a negative
determination, seconded by Richard Femino and approved
• unanimously.
1
• Motion made by John Bleiler to append the following conditions
to the determination:
1 . That no digging shall take place.
2. That no heavy equipment shall be used.
3. That trail markers shall be placed along the trail and a
map be placed at the entry way.
4. That city ordinances relative to parks shall be adhered
to.
Motion was seconded by Betsy Horne and approved unanimously.
DETERMINATION OF APPLICABILITY - •NEW DERBY STREET REALTY TRUST
285 DERBY STREET
John Bleiler recused himself from discussion of this matter.
Dr. Hugh Mulligan addressed the Commission on behalf of his
client Donald Clark concerning property located at 285 Derby
Street. Dr. Mulligan noted that as a condition of the sale
of the property to his client Mr. Clark the contaminants on
the property need to be cleaned up. He said that they plan
to pump the ground water to the surface and remove the
• contaminant, treat the water and discharge it. He explained
the treatment process to the Commission.
Betsy Horne asked how the contamination occurred. Dr. Mulligan
explained that it is not clear how it happened, noting that
Kurz Associates did a study, and that Gulf of Maine had found
the tanks, and when it became known of the contamination it
became the sellers problem.
John Vallis noted that further work would require further
filings. He also asked if this would be a 24 hour operation.
Dr. Mulligan stated that they could probably do the pumping
in 12 hours, but the area is secure. He also stated that they
could probably secure the equipment in the building.
Motion made by Richard Femino for a negative determination of
applicability as per item 3 of the CMR, seconded by Fred Harney
and approved unanimously.
Motion made by Fred Harney to append the following conditions
to the determination:
1 . That the equipment be secured either with and fence or stored
in the building.
2. That all work be in compliance with the letter dated
September 4, 1990.
2
• Motion was seconded by Betsy Horne and approved unanimously.
CONTINUED PUBLIC HEARING - 1 PEABODY STREET
Dr. Mulligan reported to the Commission on the status of 1
Peabody Street. He noted that they are treating the water and
discharging it, following detailed specifications from EPA.
He also suggested that they could be able to file by the next
meeting. John Vallis suggested that the public,hearing be
continued for four weeks, to ensure that they would have enough
time to file.
Motion made by Richard Femino to continue the Public Hearing
until the first regular meeting in October, seconded by Bob
Crowley and approved unanimously.
John Bleiler .returned to the' meeting at this time.
NOTICE OF INTENT - LIONEL PELLETIER - BROOKS STREET
Tony Fletcher addressed the Commission on behalf of his client
Lionel Pelletier, and noted that they had been before the
Commission in July, and the Commission suggested that they should
grade the lot adjacent to lot 192, which they proposed to
construct a single family home on.
• John Vallis asked how close to Rosies pond the property is
located. Mr. Fletcher stated that it was about 1100 feet.
He also noted that they intend to continue the existing rip
rap.
John Vallis noted that the address for the property had been
incorrectly listed as 3 Brooks street, and will now be referred
to as lot 192 on map 24. He also noted that the abutters had
all been properly notified.
John Bleiler noted that when you alter more than 50 feet you
affect the wildlife habitat threshold. Tony Fletcher stated
that there are no trees or bushes to support habitation.
Richard Femino asked how close to the brook the work would take
place. Mr. Fletcher stated that it would be 12 feet from the
top of the bank. He noted that they will be going from a 5-
1 slope to a 3-1 slope.
John Vallis asked if there was anyone in attendance at the
meeting who wished to speak in favor of the proposal.
Felix Lariviere of 211 Jefferson Avenue addressed the Commission
and stated that he is in favor of the proposal .
There being no further questions or comments at this time, a
motion was made by Fred Harney to close the public hearing
3
' seconded by Richard Femino and approved unanimously.
John Vallis reviewed a list of proposed conditions for the work.
Motion made by Bob Crowley to issue an Order of Conditions for
lot 192, of map 24 seconded by Richard Femino and approved
unanimously
Motion made by Richard Femino to append 12 additional conditions
to the Order of Conditions seconded by Betsy Horne and approved
unanimously.
CONTINUED PUBLIC HEARING - MICHAEL AND MAUREEN KAPNIS - LOT
192, BROOKS STREET
John Vallis stated that the Order of Conditions for this
application had been issued in July and that they were back
for the issuance of special conditions. He reviewed a list
of 15 special conditions, and they were discussed.
Motion made by Betsy Horne to ratify and confirm the Order of
Conditions issued in July, and amended by appending 15 special
conditions, seconded by Richard Femino and approved unanimously.
CERTIFICATE OF COMPLIANCE - COLLINS COVE CONDOMINIUM TRUST
John Vallis read a letter from Mr. John Tangusso on behalf of
• the Collins Cove Condominium Trust. He suggested that the
Commission make a site visit to the property before issuing
a Certificate of Compliance. Kathy Winn will notify them and
set up a date for the visit.
OLD/NEW BUSINESS
STORY STREET VIOLATIONS
Kathy Winn reported that they had been to a site visit at which
Mr. Lovely 'had a backhoe present to perform the excavation work
requested by the Commission. She noted that some asphalt was
found and well as roofing material and some metal sheathing.
She noted that the first two holes dug were clean and the third
one found the materials stated.
John Bleiler suggested that if the fill in the buffer zone is
clean a permit could be considered.
John Vallis suggested notifying Mr. lovely that he should remove
the fill or submit a' request for a Notice of Intent of work
to be performed in a buffer zone. He suggested giving them
30 days to file.
John Vallis noted that he had been in contact with the Mayors
• office concerning Mr. Emmertons offer to donate his land to
the Commission.
4
` Kathy Winn reported that Mr. Raby had not responded to the
Commissions requests. John Bleiler suggested that he be given
30 days to do the excavation or the Commission should turn the
case over to DEP for enforcement.
Kathy Winn reported that the Marblehead pump test had begun
and that she and Will Beaulieu had been to the site.
APPROVAL OF MINUTES
Motion made, by Fred Harney to approve the Minutes of the meeting
of July 26, 1990, seconded by Bob Crowley and approved
unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by Betsy Horne to adjourn
the meeting, seconded by Bob Crowley and approved unanimously.
RESPECTFULLY ^SUB/M�ITTED BY:
&:Lz
EN M. SAC O, CLERK
CC091390
• 5
SALEM CONSERVATION COMMISSION
MINUTES OF
SEPTEMBER 27, 1990 MEETING
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 27, 1990 at 7 : 00 P.M.
Those present were: Chairman John Vallis , George Ahmed , Robert
Crowley, Richard Femino , Fred Harney, and Betsy Horne . Also
present were Kathy Winn, Conservation Administrator , and Debra
Tucker, Acting Clerk.
PUBLIC HEARING : NOTICE OF INTENT FOR 71 LORING AVE
A public hearing was held as requested by GTE for 71 Loring
Ave . GTE is requesting permission to permanently close the
seven acre landfill behind 71 Loring Ave which abuts a tidal
wetland. Ed Hawkins and Paul Sanborn of Goldberg Zoino Associates
as well as Mark Bornstein of GTE appeared before the Commission
regarding the matter .
Ed Hawkins made a presentation before the board which included
• slides and detailed the plan . The site in question is a glass
landfill which abuts a wetland area that eventually drains into
Salem Harbor . The plant , which manufactures incandescent light
bulbs, has been at the site since 1936 . The landfill was created
to store "shrinkage" described as defective bulbs which were
crushed and piled at the site . The boundaries of the landfill
are the B & M railroad property, Pickman Park, GTE parking lot
and Monroe St . According to Mr . Hawkins, the site is composed
mainly of silicon dioxide and metallic by products . Though
the plant will remain open until the end of this year, materials
have not been added to the site since 1983 . The area is slightly
sloped towards the salt marsh area . Granular soil covers some
areas of the fill and other areas are still exposed.
The plan for closure of the site is to isolate the fill from
the hydrogeologic cycle by minimizing precipitation infiltration
with the application of a low permeability soil cap. The area
will be regraded. Soil will be layered on top of the landfill .
The proposed composition would be approximately twelve inches
of granular soil for filtration, six inches of clay or a mixture
of clay and silt , and six inches of topsoil suitable for vegetative
growth. The plan is to minimize or eliminate the possibility
of sedimentation and siltation by the installation of runoff
controls. There will be no fill introduced to the wetland since
the area at the edge will be excavated away from the wetland
and theof the cap will not encroach any further than that
of the cu- rQen�t fill .
l�
Page 2 of 6
Minutes of Conservation Commission Meeting 9-27-90
John Vallis opened the Public Hearing to questions from the
floor.
Dr . Gerard Michaud of 50 Raymond Road stated that he was new
to the area and had heard of several cases of cancer along Raymond
Road.
Mr . Hawkins answered that GTE has extensive analytical data
that shows that there has been no adverse impact in the ground
and surface water , sediment , or soil . Raymond Road would not
suffer any change of flow as a result of the work according
to the available data.
Pat Jennings Welch of 145 Loring Ave . asked what GTE ' s long
term goals were and if the company was intending to sell the
plant .
Mark Bornstein of GTE stated that closing the landfill area
was not a new idea . The company has been in the process of
closing the area since 1983 . He stated that as far as he knew
GTE intended to keep the land an open space.
Mr . Davis of 67 1/2 Loring Ave . asked that if another company
• bought the site would it be suitable for building. Mr . Bornstein
replied that it all depends upon state requirements and the
future use of the site. Any digging may be restricted. Mr. Hawkins
added that the area does border a salt marsh and that would
probably restrict any future use . Mr . Vallis stated that the
one hundred foot buffer zone cuts a wide swath through the site.
John Langlois of 36-38 Buchanan Rd. asked if plans were to turn
the site into a parking lot . He also asked what else the site
could be used for in the future . John Vallis said that GTE
was appearing before the board for permission to permanently
close the landfill not for future use or development .
Mr . Langlois stated that with a culvert cutting through the
area it floods often. Mr . Bornstein stated that if GTE decides
to recreate the ball park after the project it will then be
higher after regrading. He also said that the state must decide
about the rebuilding of a park on the site due to capping
regulations . Mr . Langlois stated for the record that he wanted
the ball park to remain in existence
Mr . Hawkins stated that the Department of Solid Waste of the
DEP has an established criteria for capping a landfill and it
may be determined that a ball park would disturb the cap and
defeat the purpose.
Thomas Capano of 139 Loring Ave . asked why GTE was pursuing
the matter . He stated that the area seemed pretty settled .
Page 3 of 6
Minutes of Conservation Commission Meeting 9-27-90
Mr . Bornstein replied that there are areas of exposed glass
and some of the material is too close to the wetlands . GTE
would meet the solid waste regulations by capping the site and
this meeting before the Conservation Commission is just one
more step in the process that was started in 1983 .
Richard Caron of 26 Monroe St . asked if the material was found
to be hazardous and if the DEQE was notified . Mr . Bornstein
replied that the matter comes under sanitary solid waste juris-
diction, that the DEQE was notified , and that the material was
found to be not hazardous .
Mr . Caron stated that he was a former employee at the plant
and that there were chemicals especially lead at the site .
Mr . Borenstein replied that testing has proven that there were
no materials leaching into the landfill and no hazardous waste
present .
Mr . Davis asked if GTE was considering removing the materials .
Mr . Bornstein answered that removal would be more disruptive
and almost impossible.
Roland Gauthier, Jr. asked what the impact of vehicles and equipment
• of the project on the neighborhood would be . Mr . Bornstein
said that he assumed that access to the area would be through
the GTE plant facilities. He also said that the size of equipment
would be as minimal as possible . Mr . Gauthier asked what the
time frame for the project would be , to which Mr . Bornstein
answered that it was dependent upon the approval process . He
assured Mr . Gauthier that the company intended to expedite the
matter .
Mr . Michaud asked what the ulterior motive of GTE was. He contended
that it was to make the site more "saleable" . Mr . Bornstein
stated that there were no ulterior motive , that the project
had been started in 1983 , and that there would most probably
be limited future use . He restated that GTE is pursuing the
project because they both have to as well as want to cap the
land . Mr . Michaud replied that the use would be less limited
once the land has been capped.
Dan Welch asked about the conservational aspect of the project .
He asked if there would be excess runoff into the saltmarsh
because of the low permeability and how scraping the edges would
affect the marsh.
Mr . Hawkins stated that short term impact would be minimized
as much as possible . He said that the plans currently called
for five to ten feet of material to be pulled back from the
edge carefully in order to minimize siltation into the wetlands .
He also stated that the volume of runoff reaching the marsh
Page 4 of 6
Minutes of Conservation Commission Meeting 9-27-90
should not change much.
Paul Sanborn said that construction activity would be restricted
to light weight equipment . The sight would be graded and there
would be flat slopes but not much difference in the contour
or elevation. This would not be a major construction effort .
Mr . Michaud expressed concern that the area would be turned
into a parking lot .
Mr . Vallis informed the public that any order of conditions
issued by the Conservation Commission would be recorded at the
Registry of Deeds and would carry to any future owner . The
conditions can be amended in the future.
Mr . Welch said that even though the state requires a cap on
any landfill he questioned whether the area would be better
with or without the cap.
Richard Femino asked what material would make up the twelve
inch base. He was concerned about runoff and erosion with the
use of clay which is not permeable . Mr . Hawkins replied that
it would be layers of various materials . Mr . Bornstein replied
• that the storm water drains, beach area, two wells, and landfill
area were all tested.
Mr . Davis asked about the coating material inside of the bulbs.
George Ahmed asked that the firm explain the lightbulb composition.
The components were described to be brass base, solder material ,
tungsten filament , soft glass , coating of vaporized aluminum,
frosting of silicone powder.
Mr . Caron stated that a colored lead paint is used as well ,
and that there is a lot of lead , phosphorous , and mercury in
the landfill area. Mr. Bornstein countered that the only mercury
used is in the vacuum pump machinery. Mr . Caron replied that
there are other things in the landfill besides just glass .
Mr . Bornstein again stated that the site has been tested and
that there is nothing but non-hazardous materials. Mr . Caron
again contended that there are other chemicals present even
if they are not leaching.
Mr . Caron said that it appears that the main concern of the
area residents is the future use of the site . According to
Mr . Caron there are hazardous materials present and the land
should not be developed for future use .
Richard Femino said that he felt that GTE has a right to cap
the site and that it is up to the board to set conditions .
Betsy Horne asked when the DEP would rule on the matter. The
process would continue after the Conservation Commission issued
Page 5 of 6
• Minutes of Conservation Commission Meeting 9-27-90
an$ order of conditions . The proposal would then go back to
the DEP in order to finalize the plans . There will be a MEPA
hearing on October 19 , 1990 at 10 A . M. at the GTE plant and
all interested parties are invited to attend.
John Vallis read aloud a letter from John DeVillars of the EOEA
regarding a meeting at which advice and comments on the matter
are welcome. This meeting will be to determine the environmental
impact of the project on the area.
Mr . Hawkins stated that GTE did the initial testing and then
was mandated by the State to have additional tests performed.
John Vallis stated that he thought a site visit would be appropriate
so that the board would be familiar with the whole site . A
site visit was scheduled for Saturday, September 29 , 1990 at
9 : 00 A.M.
Robert Crowley moved that the Public Hearing be continued to
the next regularly scheduled Conservation Commission Meeting
on October 11 , 1990 . Richard Femino seconded the motion, and
the vote was unanimous.
• John Vallis read a letter dated September 26 , 1990 from Ward
7 Councillor Mark E . Blair who asked that it be made a part
of the minutes . Mark Bornestein of GTE asked for a copy of
the letter .
John Vallis thanked all for their views and concerns , and the
board took a five minute recess .
OLD BUSINESS
Kathy Winn reported that Trail Days were a success . Approximately
thirty to thirty-five people, including boy scouts, Salem State
College students, and representatives of the Salem Partnership
attended . The overgroth along the trail was cleared away.
All of the work that had been proposed was completed.
Matters involving Keilty, Lovely, and Raby will be turned over
to the DEP if they do not respond by the next meeting.
John Vallis reported that there was no new progress on the Emmerton
land donation to the City. He and the City Solicitor are looking
into the matter .
Kathy Winn stated that the Salvo 's have appealed the Conservation
Commission ' s decision to the DEP . John Vallis said that the
basis for the City's denial of the plan is that .the design proposed
is inappropriate.
Page of 6
Minutes of Conservation Commission Meeting 9-27-90
Betsy Horne requested a list of properties owned by the Commission.
John Vallis replied that he would bring in a list.
SEPTEMBER 14 , 1990 MINUTES
Richard Femino moved that the minutes for the Conservation Commission
meeting held September 13 , 1990 be approved as submitted . Betsy
Horne seconded the motion, and it was approved unanimously.
There being no further business to come before the Commission,
a motion was made by Richard Femino to adjourn the meeting at
9 : 10 P.M. Betsy Horne seconded the motion, and it was approved
unanimously.
Respectfully submitted
By:
Debra A. Tucker
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER 11 , 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 11 , 1990 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, Bob Crowley, Fred Harney
and Betsy Horne. Also present were Kathy Winn, Conservation
Administrator, and Eileen Sacco, Clerk.
CONTINUED PUBLIC HEARING - NOTICE OF INTENT - GTE/SYLVANIA -
71 LORING AVENUE
Mark Bornstein of GTE addressed those present and stated that
at the last meeting there were concerns about the status of
the ball field at Pickman Park. He stated that GTE will take
whatever course of action the state will allow for the property,
and if the state allows the rebuilding of the park they will
do so.
Tom Langlois of 36-38 Buchanan Road asked if the property would
become part of Pickman Park, and would GTE consider leasing
or selling the property to the city. Mr. Bornstein stated that
they have considered the possibilities and they would consider
a lease or sale of the property to the city.
John Vallis clarified that GTE would be agreeable to a condition
of approval that would address the conversion of. the property
to a ball field again. Mr. Bornstein stated yes they would.
Tom Capato of 139 Loring Avenue asked if the city had any plans
to test the soil for contamination. He noted that he is
concerned about the contents of the soil, and that once it is
covered over there will be no way to tell what is there. John
Vallis addressed the question and referred to an order from
the City Council that the Conservation Commission hire a
consultant to do some testing in the area. He noted that the
order was approved by Mayor Harrington on October 2, 1990 and
that this was a matter that the Commission would discuss this
evening.
-Tom Langlois addressed the Commission and stated that he was
concerned about the proposed cap washing away over a period
of time. Paul Sanborn of Goldberg Zoino Associates addressed
the question and stated that DEP has not given their criteria
for the cap as of yet, but that they will incorporate measures
to control and eliminate runoff. He further noted that GTE
is prepared to go by the rules and regulations established by
DEP and has already filed for all appropriate permits should
they be needed. John Vallis also noted that DEP would require
1
a maintenance schedule.
John Vallis noted that the Commission needs to determine what
the Independent Consultant should do on behalf of the city.
Betsy Horne stated that it is difficult for non technical people
to see if they have enough data on the subject. She suggested
that the consultants check to see that the data is reasonable.
Fred Harney asked how many test borings had been done on the
property. Mr. Sanborn stated they had done two in the last
several years and that they recently did six more and took
samples from the surface and three samples of sediment from
beneath the glass .
John Vallis suggested that the consultant review the data that
GTE has presented to the Commission, and check for the
appropriateness of the testing, sufficiency of the data,
familiarize themselves with the area and see of there was
anything left out of the report.
Betsy Horne asked the representatives from GTE if there was
any information that was not submitted to the Commission. Mr.
Bornstein stated that there was correspondence from the state
and test results that were not relevant at this time.
.• Fred Harney asked if there was a plan available that showed
the locations of where the samples were taken from. Mr.
Bornstein stated yes.
John Vallis asked if there was a breakdown available of the
components that can be found if the land fill . Mr. Bornstein
stated that there would- be the components of lightbulbs which
would be glass, tungsten, copper and aluminum. John Vallis
asked if they were the components used 20 years ago, and Mr.
Bornstein stated that they should be similar.
Kathy Winn suggested that they consultant could also be used
to assist with the MEitiPA review which is to be held on October
19, 1990 at 10 : 00 A.M. at the land fill .
John Vallis reviewed the aspects that the Consultant will cover:
1 . Review the GTE data submitted for sufficiency.
2. Check that appropriate testing methods were used.
3. Check to see that the procedures of the methods were
appropriate.
4 . Provide a conclusion on the cap versus removal of the fill .
' 5. Familiarize themselves with the site to see that nothing
2
was overlooked.
6. Assist the City of Salem with the MEEPA review of the
project.
7. Maintain contact with GTE Officials if necessary.
Motion was made by Betsy Horne to hire a consultant to review
the documentation submitted by GTE, seconded by Bob Crowley
and approved unanimously.
John Vallis addressed that matter of payment of the consultant
and noted that if other communities developers have paid for
private consultants to assist the city in making a determination.
Mr. Bornstein stated that GTE feels that they have spent a
great deal of money on this project and that he was concerned
that if they paid they would be open to subjectivity, and if
the Commission paid it would be independent from them.
Kathy Winn noted that the City Council was meeting this evening
and that the request for funding for the Consultant had been
submitted for approval.
John Vallis suggested that the Commission continue the Public
Hearing until they get the results of the Independent Consultant.
~ Jacqueline Michaud of 30 Raymond Road asked how deep the glass
' is. It was noted that the glass is 6-7 feet in some areas and
r
as much as 10-15 feet in other areas.
Betsy Horne made a motion to amend her previous motion to read
that the Commission hire a consultant pending approval of the
appropriation of the funding for it by the Salem City Council,
seconded by Bob Crowley and approved unanimously.
Motion made by Fred Harney to Continue the Public Hearing until
the next meeting following the reciept of the information from
the Independent Consultant, seconded by Betsy Horne and approved
unanimously.
The Commission discussed possible firms to hire for the
Consultation. Kathy Winn will check them out and report to
the members.
CERTIFICATE OF COMPLIANCE - 38 SWAMPSCOTT ROAD
Kathy Winn addressed the Commission and stated that the storage
facility at 38 Swampscott Road had gone bankrupt and that they
are under receivership. She referred to a 1980 order of
conditions that was issued and a certificate of compliance was
never applied for. She noted that there are no as built plans
• -� for the property and that everything else seems to be in order.
I^' 3
Fred Harney noted that it should not be difficult to get as
built plans of the property by an engineer. He suggested that
the Commission make available the information that is on file.
John Vallis suggested that a site visit would be in order.
Fred Harney suggested that the Commission have the as built
plans before they go on a site visit. Kathy Winn will contact
the Company and inform them.
OLD/NEW BUSINESS
John Vallis reviewed a letter that will be sent to Steve Lovely
concerning the Commission' s findings at his property and
instructing him to file a Notice of Intent.
The Commission discussed the situation at Mr. Raby ' s property.
It was decided to send Mr. Raby a notice that the requested
items be completed or further legal action will be taken.
APPROVAL OF MINUTES
The minutes of the meeting of September 27, 1990 were presented
for approval. Motion made by Fred Harney to approve the minutes
of the meeting of September 27, 199.0, seconded by Bob Crowley
and approved unanimously.
&AqW, 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 8:40 P.M.
RESPECTFULLY SUBMITTED BY
EILEEN M. SACCO, CLERK
CC101190
4
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, NOVEMBER 8, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, November 8, 1990 at 7: 00 P.M. in the second floor
conference room at One Salem Green.
Present were: chairman John Vallis, John Bleiler, Betsy Horne,
and George Ahmed. Also present were: Kathy Winn, Conservation
Administrator and Eileen Sacco, Clerk.
The meeting was called to order at 7: 00 P.M. by the Chairman,
John Vallis.
PUBLIC HEARING - NOTICE OF INTENT BY ALLIED REALTY TRUST - 63
FLINT STREET
Attorney George Atkins addressed the Commission and stated that
his clients are undertaking this project because the state has
taken a portion of their property for the Bridge Street By-Pass
Road. He stated that they intend to remove the four existing
buildings and create two new buildings . Atty. Atkins noted
that the new buildings would have a footprint of 20, 000 s .f.
He also reported that they have received a variance from the
. Board of Appeal.
Attorney Atkins stated that the two problems that they are faced
with is that they are located in a flood plain and within the
100 foot buffer zone and storm drainage. He noted that the
present drainage is into the North River Canal and that they
could culvert the drainage to several points, but it would reach
the same point. He also noted that they drainage report prepared
by Ryan Engineering concludes that the effects would be minimal .
Atty. Atkins also addressed flood storage. He noted that if
the project were to decrease the capacity to store flood water
you are required by law to compensate for it elsewhere. He
also stated that they feel that the decrease in the number of
buildings on the property would significantly improve the flood
storage capacity. Atty. Atkins also noted that they have located
the buildings as far upland as possible, and that most of the
lot is at 9 feet.
Rainer Koch the Architect for the project explained the flood
proofing planned for the project. He noted that they are
constructing two buildings, one to be use as a storage facility
and one to be used as a retail facility. He stated that the
state building code is specific on flood zone areas and that
non residential uses can be allowed if they are built flood
• proof . He noted that they plan to flood proof, 2 feet of the
building.
1
• Jim Ryan of Ryan Engineering addressed the Commission and noted
that there is no formal drainage system at present. He stated
that the water hits the ground ( 1 .88 acres) and travels along
the ground to drain into the canal . He also noted that planting
will be done and that the construction would not alter the
current drainage. He stated that he felt that it is a straight
forward drainage area.
Atty. Atkins noted that the area is not inhabited by any animals,
and that they are dealing with an unknown factor since the state
has not prepared any specs for the reconstruction of the North
River Canal, so they do not know what the state plans for
drainage.
Rainer Koch noted that in conversations with the state they
have indicated that they would install a 6" curb to control
the runoff of unwanted drainage.
George Ahmed expressed his concerns about the leakage of gas
and oil and asked if they planned to install any catch basins
or gas traps. He noted that the Commission does not like to
see runoff going into the canal from the parking area. Rainer
Koch stated that they looked into that but the gradient is not
present to drain properly with drains . He noted that the
proposed curb would help. George Ahmed suggested the use of
a dry well . Mr. Koch stated that they would be costly to dispose
of and that the nature of the business of a lumber yard, would
have the kind of traffic that a shopping mall would have. John
Bleiler suggested that an absorbent pillow material could be
used, where the water would be filtered before it goes into
the canal.
George Ahmed asked if company vehicles would be maintained on
the property. Atty. . Atkins stated that they only have two
vehicles and they would not be maintained on the site. George
Ahmed also asked how damaged products would be disposed of .
Atty. Atkins stated that they would be disposed of off site.
George Ahmed asked if they had done an impact study of the
present condition of the land and the water flow. Atty. Atkins
stated that this project has been a costly one and that it is
an alternative to going out of business . He also noted that
they have tried to provide all of the boards and agencies with
the information required with limited resources. He also stated
that they will end up with the same basic site that is there
now but it will have fewer buildings and will be cleaner. John
Bleiler noted that coastal land is not as strictly regulated
as wetlands.
John Vallis suggested that the Commission make a site visit
to the property. It was .agreed that the site visit would be
• held on Saturday November 24, 1990 at 9:00 A.M.
2
George Ahmed requested that the drainage report be signed and
stamped by the Engineer.
John Bleiler suggested that they think about alternatives to
catch basins and oil and grease traps and that the Commission
could address them at a later date.
Motion made by George Ahmed to continue the Public Hearing until
the next meeting of the Commission, seconded by Betsy Horne
and approved unanimously.
George Ahmed suggested that they draw up a list of proposed
conditions and submit them to Kathy Winn.
OLD/NEW BUSINESS
Kathy Winn gave the members copies of the GTE Impact Report,
a letter from Mayor Harrington and Mark Blair to Environmental
Affairs, , and the report from Gulf of Maine concerning the GTE
Landfill. She also noted that the Scoping Meeting was held
and that there were few people who attended, and that they will
be required to file a full environmental impact report.
There being no further business to come before the Commission
at :this meeting, a motion was made by Betsy Horne to adjourn
the meeting seconded by John Bleiler and approved unanimously.
• The meeting was adjourned at 8: 30 P.M.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO, CLERK
CC110890
• 3
,
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, NOVEMBER 29, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, November 29 , 1990 at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Betsy Horne, George
Ahmed, Bob Crowley, and John Bleiler. Also present were Kathy
Winn, Conservation Administrator and Eileen Sacco, Clerk.
The meeting was called to order at 7:00 P.M. by Chairman John
Vallis .
PUBLIC HEARING (CONTINUED) - NOTICE OF INTENT BY ALLIED LUMBER
Attorney George Atkins addressed the Commission and presented
a signed, stamped copy of the Engineering Report as requested
by the Commission. He also noted that the Commission has been
to the site. He outlined two issues that are of concern. The
first issue is that of gas traps and he noted that everything
on the site is pitched towards the North River Canal. The second
issue is that of timing, and the Planning Board had concerns
• about the timing of the planting of the trees before the state
builds the road, and that would also leave the gas traps in
the middle of the lot. He informed the members that the timing
of the landscaping and the location and types of trees had been
left up to the Planning Department.
John Vallis suggested that the Order of Conditions could mandate
that Allied Lumber come back to the Commission to address the
issue when the State proceeds with their plans . Atty. Atkins
agreed to that and suggested that the time for Allied to come
to the Commission for this matter would be when the State
presents their plans to the Commission.
George Ahmed asked if there would be any site preparation
involved in the project such as the laying of pipes. Atty.
Atkins stated that the project entails construction of the new
buildings and the demolition of the old ones. He also noted
that the entire area is paved and that they do not anticipate
any removing of pavement. Rainer Koch noted that asphalt is
not a legal interior flooring so that a concrete slab may be
installed.
John Vallis asked if the area that was taken by the state would
be regraded or repaved. Atty. Atkins stated that the area
between the new storage building and the canal will not be
touched.
John Bleiler suggested that there could be a condition that
1
the drainage be installed at a later date when and if the canal
is widened.
There being no further questions or comments from those present,
a motion was made by John Bleiler to closed the public hearing
seconded by George Ahmed, and approved unanimously.
Motion made by George Ahmed to issue an Order of Conditions
with 11 special conditions, and a 12th to be added with regards
to future work concerning drainage which may affect the canal,
seconded by John Bleiler and approved unanimously.
EXTENSION PERMIT - GULF OF MAINE RESEARCH INC. FOR DAVID COHEN
282 HIGHLAND AVENUE.
John Bleiler recused himself from discussion of this matter.
Dr. Hugh Mulligan addressed the Commission on behalf of Mr.
David Cohen to request an extension of the permit that Mr. Cohen
was issued in January 1988 . He noted that Mr . Cohen still
intends to go forward with his plans to expand his property
on Highland Avenue, but he has no immediate plans in progress .
The Commission reviewed the plans that were presented in 1988
and the Conditions issued at that time. George Ahmed asked
if there were any new regulations that would affect this project
• in place now. John Vallis stated that the Conditions would
be grandfathered.
Kathy Winn noted that the request for an extension should be
for an unavoidable reason. Dr. Mulligan stated that Mr. Cohen' s
reason is economic hardship.
George Ahmed asked Dr. Mulligan how long an extension Mr. Cohen
looking for. Dr. Mulligan asked for 3 years . George Ahmed
noted that the Commission usually grants one year extensions,
and he would like to be consistent. John Vallis stated that
he felt that the magnitude of the project should be considered
and that this project has not even begun yet. He asked Dr.
Mulligan what the estimated time frame for the project would
be. Dr. Mulligan stated that Mr. Cohen would need 6-9 months
lead time to get tenants for the building and then it would
take another 10 months to complete the project.
George Ahmed asked if Mr. Cohen has a commitment from a bank.
Dr. Mulligan stated that he does not have a commitment at this
time, noting that he is waiting for the economy to settle down.
He also noted that there are a lot of larger stores in the area
that Mr. Cohen has to compete with.
George Ahmed stated that he felt that a two year extension would
. be adequate. Dr. Mulligan stated that 3 years would allow Mr.
Cohen to plan properly.
2
• John Vallis stated that if the 2 year extension were granted
the petitioner would be back for an extension, he suggested
that the Commission grant a 3 year extension with a notation
that the next request will only be given a 1 year extension.
George Ahmed expressed his concern that the Commission is here
to check on the environment and he is concerned that changes
over the years will affect it. He noted that he would like
to see some safeguards so that will not happen.
Betsy Horne noted that she understood George Ahmeds concerns
but that she felt that 3 years would be appropriate.
Bob Crowley stated that he felt that 3 years was not unreasonable
and felt that 2 years would be boxing Mr. Cohen in.
John Vallis suggested that the Commission could notate the file
that if there has been no construction in the six year period
that a complete review of the project should be done, so that
if there are any changes to the regulations they could be
considered at that time.
Motion made by George Ahmed to grant a three year extension
of the Order of Conditions issued for Mr. David Cohen ( 64154 ) ,
and that further extensions without any work being done will
require that all records be reviewed before further extensions
• are issued, seconded by Betsy Horne and approved unanimously.
1 PEABODY STREET - GULF OF MAINE RESEARCH INC.
Dr. Hugh Mulligan addressed the Commission and reviewed the
process that has taken place so far. He noted that they had
begun the work yesterday and that they have placed hay bails,
and removed soil to expose the tops of the tanks that are to
be removed. He noted that they moved uncontaminated soil to
the South River behind the hay bails, and the contaminated soil
was moved away from the river and is covered with 6 mil
polyethylene sheeting. He stated that he felt that it should
take about week to empty the tanks and clean them. He noted
that the heavy oil sludge will be pumped out. He requested
that the Commission close the Public Hearing and issue an Order
of Conditions .
George Ahmed asked if there was any barrier along the edge of
the river. He noted that he is concerned about the future
use of the lot as a parking lot.
John Vallis asked if they were stock piling the soil outside
of the buffer zone. Dr. Mulligan stated that they were as best
they could and that they were as close as 90 feet from the
coastal bank and the hay bail is 85 feet from the coastal bank.
• Motion made by George Ahmed to close the public hearing seconded
3
by Bob Crowley and approved unanimously.
George Ahmed suggested the Commission issue the standard Order
of Conditions and that if in the future the property is to be
used as a parking lot curbing should be installed along the
edge of the river and catch basins with oil and grease traps
should be installed.
Dr. Mulligan noted that he felt that would be a financial
hardship and that the area presently has no elaborate catch
basins . He questioned whether requiring this area to catch basins
would help the environment since the rest of the area will not
have them.
Betsy Horne noted that there are a lot of activities that may
have an effect on the environment and a switch in the activity
may not require Commission approval.
John Vallis suggested that the condition could read that No
temporary or permanent storage of vehicles within the area
designated on the plan shall be allowed until a letter from
the Conservation Commission is issued stating that a drainage
review has been completed and is satisfactory.
Motion made by Betsy Horne to issue an Order of Conditions
• subject to such other and future conditions , seconded by George
Ahmed and approved unanimously.
EMERGENCY REPAIR OF THE PICKERING WHARF SEAWALL
Jack Pelletier and Phil Pelletier, the contractors for the
project, and Tom Chevoor of the Pickering Wharf Condominium
Trustees, addressed the Commission and explained the process
that the they need to under take to repair the sea wall at
Pickering Wharf. A letter was presented from Gulf of Maine
Research Inc. , explaining that the applicant was requesting
to proceed with excavation of the buffer zone soils upgradient
of a failing portion of the sea wall. The letter noted that
the failing portion is sixty-four ( 64 ) feet in length, and is
located on the easterly portion of the property, and because
this section of failing sea wall poses a potential threat to
public health and safety, it has been cordoned from public
access .
Mr. Pelletier explained to the Commission that they intend to
remove approximately 400 cubic yards of a grass strip from the
buffer zone upgradient of the 64 feet of wall to be replaced.
He also noted that fill work would be removed from the area
in an effort to avoid further destabilization. Mr. Pelletier
stated that this work must be done before the frozen weather
conditions of winter, which is why they are requesting emergency
• review at this time.
4
Betsy Horne asked why the matter was an emergency if the wall
has been collapsing for some time. Mr. Pelletier noted that
this is a different section from the last time a portion of
the wall collapsed.
Mr. Pelletier reviewed the procedure for repairing the wall ,
and noted that it would be the same structure of the sea wall
at the Chase House. He also noted that this request was for
the activity in the buffer zone and that he would be filing
a Notice of Intent for the construction work.
John Vallis asked if the excess soil would be removed off site.
Mr. Pelletier noted that it would be and that the area would
be fenced off for safety purposes. He further noted that they
would place hay bales around anything down gradient.
There being no further questions from the Commission at this
time a motion was made by George Ahmed to approve the request
for emergency repairs to the sea wall a Pickering Wharf, seconded
by Bob Crowley and approved unanimously.
OLD/NEW BUSINESS
John Vallis reported that there has been no word from Atty.
Keilty concerning Steve Lovely' s property. Kathy Winn stated
that she felt that they may be under the impression that the
• Commission would not be meeting again until December, since
the Commission was not originally scheduled to meet this evening,
but did so due to Thanksgiving. John Vallis suggested that
the Commission remand this to Kevin Daly for prosecution. John
Bleiler suggested that the Army Corp. and DEP be notified of
the action. John Vallis suggested that the entire file
concerning Mr. Raby and Mr. Lovely be given to Kevin Daly for
review, and take appropriate action before the next meeting
of the Commission.
John Bleiler asked about the status of the Emmerton Property.
John Vallis reported that the City is in negotiations with him
concerning his wish to give the property to the city.
John Vallis also reported that he had received .a complaint from
Roger Pelletier that there was illegal dumping going on a Pumel
Construction, behind Bertini ' s. He stated that he went to the
site and did not see anything illegal .
John Vallis noted that this would be John Bleilers last meeting.
John Bleiler stated that he resigned because he moved to
Gloucester. John Vallis thanked John Bleiler for his service
to the Commission and wished him luck.
• A motion was made by Bob Crowley to Continue the Public Hearing
• for 3 months from the date of the last continuance of the Public
Hearing on the request from GTE to close the landfill on Loring
5
Avenue, seconded by John Bleiler and approved unanimously.
• Kathy Winn will notify GTE of the continuance by letter.
APPROVAL OF MINUTES
The minutes of the meeting of November 8, 1990 were presented
for approval. Motion made by. John Bleiler to approve the minutes
of the meeting of November 8, 1990, seconded by Betsy Horne
and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by John Bleiler to adjourn
the meeting seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 9 :30 P.M.
RESPECTFULLY SUBMITTED BY:
BY:
EIL •EN M. SACCO, CLERK
CC112990
•
• 6
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, DECEMBER 13, 1990
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 13, 1990, at 7:00 P.M. in the Conference
area outside the Treasurers Office, second floor of One Salem
Green.
Those present were: Chairman John Vallis, Abby Burns, Bob
Crowley, Fred Harney, and Betsy Horne. Also present were Julie
Reimenschneider, Environmental Planner, Assistant City Planner
Beth Debski and Eileen Sacco, Clerk.
The meeting was called to order at 7 :00 P.M. by Chairman John
Vallis.
REQUEST FOR DETERMINATION - SUNBURST FRUIT JUICE CO.
Fred Harney recused himself from discussion of this matter since
it is located on a State Highway, and he is an employee of the
State DPW.
Mike Tenney, Plant Manager, of Sunburst Fruit Juices addressed
the Commission and explained his plans to pour a concrete pad,
• and install a silo to house plastic pellets, which he uses for
the bottles which he packages the juice in. He explained that
the silo would have a 6 inch tube on the bottom and an augur
to pump the pellets into the building. The silo itself will
be 30 feet high and 12 feet round. The proposed work is to
be done in the buffer zone. He further noted that they would
dig out the area for the pad, fill it with 12 inches of crushed
stone and pour 12 inches of concrete.
Betsy Horne asked where the access for construction vehicles
would be. Mr. Tenney noted that it would from the Highland
Avenue entrance to his property.
John Vallis suggested that the Commission make a site visit
to the property. He asked how long the installation would take
and Mr. Tenney replied 1 or 2 days . Bob Crowley noted that
the wetland in question has very little water and is mostly
vegetation.
It was decided to have a site visit to Sunburst Fruit Juices
on Saturday, December 15, 1990 at 8:00 A.M.
Motion made by Betsy Horne to continue the Public Hearing until
the next regular meeting of the Commission, seconded by Bob
Crowley and approved unanimously.
• 1
J
NOTICE OF INTENT - PICKERING WHARF
• Dr. Hugh Mulligan of Gulf Maine Research Inc. was present at
the meeting along with Phil and Jack Pelletier to explain the
plans for the repair of the sea wall .
Phil Pelletier explained that the project should take two months
to complete, since they need to do most of their work at low
tide. He explained that they would be pouring concrete footings
under water.
John Vallis asked if the pilings would be treated. Mr. Pelletier
stated that they had planned on using treated pilings since
they had them in stock. He also noted that they would be the
same as the ones used at the Chase House, and that the pilings
would be below the mud line so there should be no leaching.
He also noted that they would be pressure washing the wall to
remove loose debris and growth.
John Vallis asked if any aquatic life would be disturbed in
the process. Dr. Mulligan stated that barnacles and blue green
algae that commonly encrust on rock would be disturbed, but
they should have a quick recolonization process. John Vallis
also asked if they would be refueling equipment with a barge
or a truck. Mr. Pelletier stated that they would be using a
truck.
• John Vallis suggested that the Commission make a site visit
to the area. Mr. Chevoor of the Pickering Wharf Trustees voiced
his concern that the site visit would hold up the process and
that they have been at this for two years. Dr. Mulligan stated
that a site visit would be no problem, as they have other steps
to take in the permitting process , such as approval of the
Planning Board. John Vallis su4gested .that each member go the
site at low tide and see it at their convenience.
John Vallis asked if there was anyone present who wished to
speak in favor or opposition to the proposal. There was no
response from those in attendance.
Motion made by Betsy Horne to continue the Public Hearing to
the next meeting of the Commission, seconded by Bob Crowley
and approved unanimously.
OLD/NEW BUSINESS
John Vallis reported that he had spoken to Mayor Harrington
about the status of the Emmerton proposal to give the city his
property, and they need to see how much fill is involved and
determine how much illegal fill would need to be removed.
John Vallis also reported that the letters to Mr. Lovely and
• Mr. Raby had not gone out from the City Solicitor, and that
2
J
:i
Kevin Daly had turned the matter over to Lenny Femino.
Fred Harney reported that there is illegal dumping going on
next to Vincents Potatoe Chips. He noted that the state is
aware of it and will be pursuing the matter.
Bob Crowley asked if the results of the pumping 'test on Leggs
Hill Road had been completed. John Vallis reported that they
had completed the test and that he had been there on the first
day and everything looked fine.
There being no further business to come before the Commission
at this meeting a motion was made by Fred Harney to adjourn
the meeting seconded by Betsy Horne and approved unanimously.
The meeting was adjourned at 8: 15 P.M.
RESPECTFULLY SUBMITTED BY:
oc�
Ek •EN M.' SACC , CLERK
CC121390
•
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