1991-CONSERVATION COMMISSION SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAY, JANUARY 10, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, January 10, 1991 at 7 :00 P. M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, Betsy Horne, Abby Burns,
Richard Femino, Bob Crowley and Fred Harney. Also present were
Environmental Planner Julie Riemenschneider 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
Fred Harney recused himself from discussion of this matter.
John Vallis noted that some of the members had taken a site
visit to the Sunburst Fruit Juice Plant and he felt that the
area is well protected and there would be no harm to the
wetlands from the proposal .
• Betsy Horne noted that they had agreed to try and replant a
tree that may need to be moved for the construction.
There being no further questions or comments from those present
a motion was made by Bob Crowley for a negative determination,
seconded by Abby Burns and approved unanimously.
NOTICE OF INTENT - PICKERING WHARF SEA WALL
Fred Harney returned to the meeting at this time.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission and stated that the sod and the grass area adjacent
to the Topsides Restaurant had been removed as allowed by the
Emergency status that the Commission granted, and in addition
the repairs to the 64 ft. section of sea wall had begun. He
also asked the Commission to issue an Order of Conditions for
the remainder of the project which is to repair the remaining
sea wall.
Phil Pelletier of North Shore Marine Inc. addressed the
Commission and reviewed the proposal. He explained that when
the wall was built it was not made to withstand the type of
construction such as Pickering Wharf.
Richard Femino asked if the soil removed would be tested. Hugh
• Mulligan stated that it would be and that there is a chance
1
that there are excessive amounts of petroleum in there. He
also explained that it will be stock piled and protected until
they received a manifest from the state DEP to remove it.
John Vallis requested that anything uncovered during testing
should be reported to the Commission. Phil Pelletier agreed
to that and noted that every 100 yards of soil needs to be
tested.
Betsy Horne asked what the time frame would be for the testing.
Phil Pelletier stated that he should have a quantity for testing
in a couple of days and someone from Gulf of Maine will test
it.
Phil Pelletier also explained that there would be weep holes
in the wall and the joints will be open and water will be allowed
in. He also explained that there would be no danger of the
wall falling once the steel is driven.
John Vallis asked if they would allow the Planning Department
Clerk of the Works, Will Beaulieu to inspect the site
occasionally since he is an expert in under water foundations.
Mr. Pelletier stated that would not be a problem and also noted
that the Pickering Wharf Trustees also have a person who will
be inspecting.
• There being no further questions or comments from the Commission,
a motion was made by Richard Femino to grant emergency status
for work to be done in accordance with the representations made
and plans submitted, as stated in paragraph 1 of page 9 , in
Gulf of Maine Research Inc. report, seconded by Abby Burns and
approved unanimously.
The Commission discussed issuing an Order of Conditions for
the remainder of the project, which is to repair the remainder
of the sea wall .
Mr. Pelletier noted that boat traffic had caused the wall to
erode and is basically needs to be shored up. He explained
the plans and procedures for the rest of the wall .
John Vallis asked if any aquatic life would be effected from
the work. Hugh Mulligan noted that this is smelt fishing season
and many people fish off the Congress Street Bridge. He also
noted that the wall will be pressure washed, and barnacles will
be affected for a while, but they should come back quickly.
He further noted that he did not foresee any long term effect
on aquatic life.
Dr. Mulligan also noted that they will be going back to the
Planning Board on January 17, 1991 to address some concerns
• l that they had, but he expected that they would grant approval
J at that time. He also noted that they do not need a Chapter
2
• 91 permit and they are still waiting to hear from the Army Corp.
of Engineers.
There being no further questions or comments from the Commission,
a motion was made by Betsy Horne to close the Public Hearing,
seconded by Abby Burns and approved unanimously.
Fred Harney noted that the project sounds good to him, and
stressed that it needs to be done.
Motion made by Fred Harney to issue an Order of Conditions
subject to other Special Conditions, to be issued at the next
meeting, seconded by Betsy Horne and approved unanimously.
OLD/NEW BUSINESS
Julie Reimenschneider informed the Commission that the file
on the Story Street violations had been referred to Lenny Femino
for review. She also noted that a copy of the letter had been
sent to the parties involved, DEP, and the Army Corp. John. :4�--'
Vallis will check on the status of the matter and report at Z.
the next meeting.
Julie also showed the Commission photographs of the area that
Salem State used for a utility entrance, showing that it has
been blocked off.
• Julie also gave the Commission a copy of the decision from DEP
denying Michael Harringtons appeal for the Construction of Condos
on Howley Street.
APPROVAL OF MINUTES
The minutes of the meeting of December 13, 1990 were presented
for approval . Motion made by Betsy Horne to approve the minutes
of the meeting of December 13, as amended, seconded by Bob
Crowley and approved unanimously.
The minutes of the meeting of November 29 , 1990 were also
presented for approval . Motion made by Betsy Horne to approve
the minutes of the meeting of November 29, 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 Abby Burns to adjourn
the meeting,, seconded by Betsy Horne and approved unanimously.
The meeting was adjourned at 8: 30 P.M.
RES ECCTTFU LY SUB TTED BY;
• ) El"
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JANUARY 24 , 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, January 24, 1991 , at 7 : 00 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis , George Ahmed, Bob Crowley,
Fred Harney, and Abby Burns . Also present were Julie
Reimenschneider, Environmental Planner and Eileen Sacco, Clerk.
The meeting was called to order at 7:00 P.M. by the Chairman,
John Vallis.
ORDER OF CONDITIONS - PICKERING WHARF SEA WALL
Julie Reimenschneider reviewed the proposed conditions for the
Pickering Wharf Sea Wall project.
George Ahmed expressed concern about the soil being stock piled
in the area. Dr. Mulligan informed him that the soil would
be covered and will not be accessible to the public. He also
noted that it would be removed as soon as the state approved
the removal.
• George Ahmed requested that condition #1 include the name of
the contractor and that emergency contacts and telephone numbers
be given to the planning department.
There being no further questions or comments from those in
attendance, a motion was made by Abby Burns to adopt the Special
Conditions as amended for the Pickering Wharf Sea Wall , seconded
by Bob Crowley and approved unanimously.
OLD/NEW BUSINESS
EXTENSION - ORDER OF CONDITIONS - FAFARD
Jim McLoughlin of the Fafard Corp. addressed the Commission
and requested a one year extension of the order of conditions
issued on January 14, 1988, and noted that the project was not
started due to the fact that Rich' s, the proposed tenants at
the time had decided not to go forward with their plans for
that location. He stated that they are hoping to find another
tenant and proceed with the project.
George Ahmed stated that he felt that the request was reasonable
and noted that if in the event the project does not commence
within the year the commission could issue new conditions in
is
accordance with regulations at that time.
1
• Motion made by George Ahmed to grant an extension of the Order
of Conditions for the Fafard Corp. issued on January 14 , 1988,
and to ratify and confirm that Order of Conditions, seconded
by Abby Burns and approved unanimously.
Julie Reimenschneider also informed the Commission that Atty.
John Keilty, representing Steve Lovely has filed for an
Abbreviated Notice of Intent and will be on the agenda at the
next meeting.
38 SWAMPSCOTT ROAD - CERTIFICATE OF COMPLIANCE
Julie Reimenschneider presented a letter from Rizzo Associates
that they had performed a site inspection of the premises and
found it to have been built in accordance with the plans
submitted.
John Vallis noted that the letter was not stamped by a register
engineer and that they should do so before the certificate is
issued.
Julie Reimenschneider gave the Commission members copies of
a;letter outlining the amendments to the Wetlands Protection I
AeC �, which give the Commission more authority:' John Vallis
suggested, that the Commission should adopt the provisions of_---'
• theamendments formally and incorporate them in the Commissions
by-laws .
Julie Reimenschneider informed the Commission that unauthorized
fill was placed on Clark Road. It was suggested that the
Commission make a site visit to the property, to determine how
far out of the area outlined in the Order of Conditions issued
for the project. The Commission will meet at the site at 9 :30
A.M. on Wednesday January 30, 1991 .
APPROVAL OF MINUTES
The minutes of the meeting of January 10, 1991 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of January 10, 1991 , seconded by Bob Crowley
and approved unanimously.
There being no further matters to come before the Commission
at this meeting, a motion was made by Fred Harney to adjourn
the meeting, seconded by Abby Burns and approved unanimously.
The meeting was adjourned at 8: 00 P.M.
RESPECTFULLY SUBMITTED BY;
• EILEEN M. SACCO, CLERK
CC012491
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Salem. iMac achusetts 01970
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NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will hold its
regular meeting on Thursday, Feb. 14, 1991 at 7:00 p.m., One Salem Green, Second
Floor Conference Room.
A!!G6Vallis
Chairman
Tentative Agenda:
1. Public Hearing for the Salem Rotary Club to discuss a Determination of
Applicability for the placement of Osprey Poles at three waterfront locations:
Pierce Avenue, Pigs Island and 24 Fort Avenue.
2. 38 Swampscott Road - Certificate of Compliance
3. Old/New Business
4. Approval of Minutes
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.OLD/NEW BUSINESS
----------------
1 . Story Street Violations: Complaint Issued
------------------------
2 .Clark Avenue:
A. DEP FILE #64-167
Order of Conditions permitting fill in the Buffer Zone
for single family house .
B. DEP FILE #64-165
Order of Conditions permitting fill in the Buffer Zone
for construction of Clark Avenue Extension .
C . Both Order of Conditions were filed on lot #41 at the
Registry of Deeds . Should this be corrected?
• D Enforcement Orders
3 .Salem State College: DEP has issued the Certificate of
------------------
Compliance
4 .Allied _Realty Trust: The Executive Office of Environmental
Affairs notified us that the proposed work lies under the
jurisdiction of the Public Waterfront Act .
D924
•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 14, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 14, 1991 , in the second floor conference
room at One Salem Green.
Those present were: George Ahmed, Abby Burns, Bob Crowley,
Ri hard Femino, and Betsy Horne. Also present were Juli
It imenschneider, Environmental Planner, City Planner William
Luster, and Eileen Sacco, Clerk.
In the absence of Chairman John Vallis, Richard Femino served
as Acting Chairman.
Assistant City Solicitor Leonard Femino was present at the
meeting to discuss pending legal issues with the Commission.
A motion was made by George Ahmed to adjourn to Executive Session
to discuss the legal issues with Atty. Femino and reconvene
to open session to take up all further agenda items, seconded
by Abby Burns and approved unanimously.
Following the Executive Session the Commission reconvened to
• Open Session.
PUBLIC HEARING - SALEM ROTARY CLUB - DETERMINATION OF
APPLICABILITY FOR THE PLACEMENT OF OSPREY POLES
Dr. Hugh Mulligan addressed the Commission on behalf of the
Salem Rotary Club as a member to request a determination of
applicability for the placement of Osprey Poles at three
waterfront locations: Pierce Road, Pigs Island, and 24 Fort
Avenue. Dr. Mulligan explained where each of the locations
will be and noted that in 1970 there were 11 pairs of Osprey
in Massachusetts and they were listed on the Endangered Species
List for Massachusetts. He stated that there are now 200 pairs
of them in Massachusetts, due to a program the state Fish and
Wildlife has called Osprey Recovery Program. He noted that
they migrate to Mass. in March, April, May, aiTT September and
October.
Betsy Horne asked who determined the locations for the poles.
Dr. Mulligan stated that the State Fish and Wildlife had been
down and looked at various locations and felt that these were
the best, since they would be undisturbed and people could still
see them.
George Ahmed asked how tall the poles would be. Dr. Mulligan
stated that they would be 15-18 feet tall. He also noted that
• New England Power would give them the pole for the Fort Ave.
Location and the others would be provided by the State Fish
1
• and Wildlife. He also stated that they want to get the schools
involved and the Eagle Boy Scouts are participating.
Betsy Horne asked if they required any maintenance. Dr. Mulligan
stated that they require little maintenance. He referred to
the poles that they have in Ipswich and stated that they are
about three years old and they are just starting to see some
activity. He noted that it would take a while to see some
activity in Salem.
There being no further questions or comments from those present
a motion was made by George Ahmed to close the public hearing,
seconded by Bob Crowley and approved unanimously.
Motion made by Abby Burns for a Negative Determination, seconded
by Betsy Horne and approved unanimously.
OLD/NEW BUSINESS
CERTIFICATE OF COMPLIANCE - 38 SWAMPSCOTT ROAD
Juli *ilnenschneider informed the Commission that she has
received the letter from Rizzo Associates back with the stamp
of a certified engineer as requested by the Commission.
• Motion made by Bob Crowley to approve the Certificate of
Compliance for 38 Swampscott Road, seconded by George Ahmed
and approved unanimously.
SALEM STATE COLLEGE
Juli v menschneider informed the Commission that the State
DEP has issued a Certificate of Compliance to Salem State
College.
ALLIED REALTY TRUST
Juli R64menschneider informed the Commission that they have
been notified by the Executive Office of Environmental Affairs
that proposed work lies under the jurisdiction of the Public
Waterfront Act and that they need to file additional applications
with them. This does not need to come before the Commission
but they were notifying them.
APPROVAL OF MINUTES
The minutes of the meeting of January 24, 1991 were presented
for approval. Motion made by Bob Crowley to approve the minutes
of the meeting of January 24 , 1991 , seconded by Abby Burns and
approved unanimously.
• 2
i
• There being no further business to come before the Commission
at this meeting, a motion was made George Ahmed to adjourn the
meeting, seconded by Abby Burns and approved unanimously.
The meeting was adjourned at 8:35 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CCO21491
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Conservation Commission
• Salem. Massacliucf,tts 01970
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CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
Will hold its regular meeting on Thursday, February 28, 1991, at
7 : 00 p.m. , One Salem Green, second floor conference room.
John G. Vall ' —`—
Chairman
• TENTATIVE AGENDA:
1 . New England Power/David Therrien
2 . Old/New Business
3 . Approval of Minutes
D929
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•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 28, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 28, 1991 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, Abby
Burns, Bob Crowley, Richard Femino, Betsy Horne, and Fred Harney.
Also present were Kathy Winn and Eileen Sacco, Clerk.
NEW ENGLAND POWER COMPANY INFORMAL DISCUSSION
Mr. David Therrien of the New England Power Company was present
at the meeting to have an informal discussion with the Commission
regarding how they should proceed with plans to reconduct two
transmitter lines that go through Salem, Peabody, and Danvers.
He showed the Commission maps of the area and described the
work that they intend to do. He noted that they will be doing
foundation work on one structure at the edge of the water.
The area of the proposed work is off of Liberty Hill Avenue
near Kernwood Park as noted on the map. He also note that the
voltage would remain the same at 115,000 volts. He also detailed
that they would place staked hay bails and geotechnical fabric
• if the soil is unable to maintain the hay bails.
Mr. Therrien asked the Commission if they would require them
to file a Notice of Intent or if they could file for a Request
for Determination. John Vallis asked what the diameter of the
existing pins were and what they would be increased to. Mr.
Therrien stated that they would be doubling the radius of the
pins.
Betsy Horne asked to have the location of the area clarified.
Mr. Therrien stated that it is about 50 ft. from the water and
it drops fast. He also noted that they would be protecting
the water side so as to restrict disturbance from the work.
Abby Burns asked if the area is below tide. Mr. Therrien stated
that the area is above tide, and is 15 ft. above mean high water.
George Ahmed asked to see additional plans that would show the
location better. Mr. Therrien showed a line sheet that they
use to show structures and locations to scale. Mr. Ahmed also
asked that they provide photographs of the area to show the
Commission.
Richard Femino asked if they had any fences around the area
to safeguard against accidents, and noted that there is a picnic
area that is used in the area. Mr. Therrien noted that they
• did not have any. Mr. Femino asked if they would be agreeable
to having this as a condition of the plans. Mr. Therrien stated
1
• that he would check on that with his company, but noted that
they have not had a problem in the area. He also noted that
the ladder rungs have been removed from the bottom.
John Vallis stated that he had reservations about handling this
as a Request for Determination since part of the plan calls
for work on an access road, that is in the water. Mr. Therrien
noted that technically the work does not require approval because
under the law it falls under repair, but stated that they
included it anyway since they had to file. He stated that they
would probably put 6 inches of crushed stone on there but that
would not be removed.
Mr. Therrien stated that he would ask the company if they would
do the access road at a later date. He noted that he was at
this meeting to determine what approach to take when applying
to the Commission, either a Request for Determination or a Notice
of Intent. He also noted that they would like to get the work
done while they have crews in the area and if the Commission
granted a Negative Determination they could start as early as
April, whereas if they file for a Notice of Intent there is
an appeal period and they would not be able to start until later.
Richard Femino asked about the possibility of a fence around
the area to prevent accidents. Abby Burns noted that she felt
• that the fence would be a climbing attraction, and since there
have been no accidents or problems it might not be necessary.
Mr. Therrien stated that they will probably be ready to file
by March 28, 1991 . He noted that he will see about landscaping
and check to see if the area needs to be enclosed for protection.
VAN WATERS AND ROGERS -- HAMBLET AND HAYES
A representative of Van Waters and Rogers addressed the
Commission for an informational session to find out how they
should proceed to file for work that they are doing for their
client Hamblet and Hayes. He noted that the location of the
work to be done is near the Mill Pond and that they would be
collecting samples and testing them for a site investigation
that had been ordered by DEP. He also stated that they will
have a rotary drilling rig within the buffer zone. He also
noted that they will be investigating two wells and the surface
water stacks to gauge tidal elevations, to get an idea of the
relation of ground water to surface water.
John Vallis asked how long they would monitor the wells. The
representative replied that the construction of the wells would
be permanent and that the abandonment procedures of the state
would have to be followed to decommission them.
• George Ahmed stated that he would like to see what vegetation
is along the buffer zone, as well as a delineation of the
2
pavement. He also suggested that photographs of the area would
• be helpful to the Commission as well.
John Vallis suggested that a Request for Determination would
be in order for this matter. The representative stated that
he would probably be ready to file by March 28, 1991 .
OLD / NEW BUSINESS
John Vallis recused himself from discussion of this matter,
and Richard Femino served as Acting Chairman for this discussion.
Kathy Winn informed the Commission that Mr. Colpitts had sent
a letter to the Commission requesting that he be allowed to
appear at the next meeting since his legal counsel was unable
to attend this meeting. The Commission agreed that he should
be allowed to come before them at the next meeting.
Mr. Orlando and Mr. Ryan were present at the meeting and they
expressed there concerns that the property that there children
intend to buy would be is affected by the dumping that has taken
place in the area. Richard Femino informed them that the
Commission did not know the status of that and that they would
need to see some maps and the locations of the fill . He
suggested that they come to the next meeting when the matter
will be discussed and their questions could be addressed at
• that time.
Betsy Horne reminded the Commission that summer is fast
approaching and the issue of the Forest River Tidal Gates would
be coming up again. Fred Harney noted that CZM is looking into
the matter.
There being no further business to come before the Commission
at this meeting, a motion was made by Abby Burns to adjourn
the meeting, seconded by Betsy Horne and approved unanimously.
The meeting was adjourned at 8:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CCO22891
• 3
Conservation Commissim
Salem. Massachusetts 01970
.1� VASS, V' W 1
AGENDA
March 14, 1991
1. Determination of Applicability - Van Waters and Rogers
2. Discussion - National Park Service Derby Wharf
3. Clark Avenue Enforcement Order - h10 tiA Q
4. Reissuance of MBTA Notice of Intent
5. Letter Regarding Story Street Violations
• 6. Adjudicatory Hearing on Salvo Case
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AGENDA
March 28, 1991
1. Derby Wharf - Determination of Applicability I
2. '1 meda Street - Discussion regarding Notice of Intent J (ti`�� 67
3. Kevin Daly - Salvo Case S�� ( r I Q� vl 11
4. Old/New Business I
5. Approval of Minutes
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• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MARCH 28, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 28, 1991 , at 7:30 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Betsy Horne, George
Ahmed, Richard Femino, Bob Crowley, and Fred Harney. Also
present were Juli Riemenschneider, Environmental Planner and
Eileen Sacco, Clerk.
DETERMINATION OF APPLICABILITY - DERBY WHARF
Debra Hilbert, a Planner with the National Park Service addressed
the Commission and stated that they were filing for a
Determination of Applicability for the Pilot Program of the
repairs of Derby Wharf. Ms. Hilbert attended the last meeting
on March 14, 1991 for an informal discussion of the project
with the Commission, which entails the placing of bags of cement
in the holes to prevent the loss of fill. At that time the
Commission had some questions, and she stated that she had the
answers to the questions. She informed the Commission that
the Engineer for the project will be Irving Greenzang Tams.
• At the last meeting George Ahmed also asked if the method to
be used has been successful. Ms. Hilbert noted that the method
has been successfully used in New York City on the East River
Parkway, and is the most typical method used to prevent bridge
erosion.
Ms. Hilbert also noted that there purpose is to preserve the
aesthetics of the Wharf for its historical value. She also
stated that the Engineers have no doubts about the method.
George Ahmed asked Ms. Hilbert how this method would compare
to the work being done on the other side at the Pickering Wharf
Sea wall. Ms. Hilbert noted that they are trying to prevent
the loss of fill at Derby -Wharf, and the sea wall at Pickering
Wharf was failing, so they are completely different situations.
John Vallis asked what they plan to do in the event that the
process does not work. Ms. Hilbert stated that they have no
plans at this time, but would probably propose another solution.
She also noted that this is a low tech job and that presently
the maintenance people walk around and pick up rocks and put
them in the chinks.
• 1
• There being no further questions or comments at this time a
motion was made by Richard Femino, for a negative determination,
for the Pilot Test at Derby Wharf, in the areas noted on the
plans, seconded by George Ahmed and approved unanimously.
DISCUSSION REGARDING NOTICE OF INTENT - ALMEDA STREET
John Vallis and George Ahmed both recused themselves from
discussion of this matter. Richard Femino assumed the chair.
Frederick Ryan the owner of the property on Almeda Street was
present at this meeting to discuss his plans to revive an Order
of Conditions 64-126 issued previously on the property which
has expired.
It was noted that when they bought the property the bank
informed them that it was a buildable lot with an approved Order
of Conditions. They showed plans of the property and asked
that the Commission schedule a site visit before their next
meeting so that they can proceed. The also noted that the lot
has been dumped on and they would like to get started cleaning
it up.
Richard Femino stated that they would like to see the hay
bails staked before they start working on the property, but
• that they could removed some of the debris that could be done
without heavy equipment. He also requested that they flag the
area before the Commission makes the site visit. It was decided
that the Commission would visit the site on Saturday April 6,
1991 at 9:00 A.M.
DISCUSSION WITH CITY SOLICITOR - SALVO CASE
John Vallis and George Ahmed returned to the meeting at this
time, and Fred Harney recused himself from discussion of this
matter.
City Solicitor Kevin Daly was present at the meeting to discuss
the Salvo case. He noted that DEP action on the appeal is about
two years away, but that DEP has sent the case to the
Massachusetts Mediation Association for mediation. He stated
that he felt that the matter would not be settled in mediation
since the neighbors don't want the project and the Conservation
Commission denied it so there is no middle ground to settle
on. He stated that he was present tonight to ask the Commission
to vote to support the appeal filed by the city, noting that
the Commission is automatically a party since they denied the
proposal. He stated that he would also like the Commission
to vote to join the appeal if necessary.
Richard Femino expressed his concern that the vote on the Salvo
case was not unanimous to deny the project, and he would not
• feel comfortable voting to support the appeal. Kevin Daly noted
that there would be no problem with a majority vote in this
2
• case as well. He stated that he would like to have the vote
to show that the Commission supports the appeal.
Motion made by Betsy Horne to support the appeal and join the
appeal as the City Solicitor sees fit, seconded by Bob Crowley
and the vote was as follows:
IN FAVOR OPPOSED
John Vallis George Ahmed
Betsy Horne Richard Femino
Bob Crowley
The Commission also asked Kevin Daly about the status of two
other items. John Vallis noted that the Commission had sent
a letter to the City Council asking for approval to have Leonard
Femino represent the Commission in legal action with regards
to the violations on Story Street, but that Lenny Femino
requested an appropriation for outside counsel. Kevin Daly
said that he did not know why that was done, but he would find
out.
John Vallis also asked Kevin Daly about the status of the Tidal
Gates at Forest River. Kevin Daly stated that he had been
getting calls concerning that. He suggested that the schedule
that was used last summer worked well and that it should be
done again this year. He suggested that a schedule be made
• up for the Mayor to implement.
OLD/NEW BUSINESS
Betsy Horne asked about the status of the Clark Avenue property.
Juli Riemenschneider stated that the siltation fence and new
hay bails have reportedly been placed but she has not been up
there. She noted that they are due to come before the Commission
at the meeting on April 11 , 1991 .
George Ahmed asked what the status of the Sylvania Project was.
Juli Riemenschneider noted that she had received a report on
the matter but had not been able to read it yet.
Juli Riemenschneider stated that one Osprey Pole had been put
up.
• 3
• APPROVAL OF MINUTES
The minutes of the meeting of March 14, 1991 were presented
for approval. Motion made by Fred Harney to approve the minutes
of the meeting of March 14, 1991 as amended, 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 Betsy Horne to adjourn
the meeting, seconded by Richard Femino and approved unanimously.
The meeting was adjourned at 8:05 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC032891
• 4
µ7N Cp��
1= �i
zW z Conservatim Commissim
40 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, April 11, 1991 at 7 : 00
p.m. , One Salem Green , second floor conference room.
John Wallis
Chairm n
TENTATIVE AGENDA:
• 1 . Notice of Intent Public Hearing - 79 Almeda Street
2 . Discussion Regarding Enforcement Order - Clark Avenue
3 . Old/New Business
4 . Approval of Minutes n C
W -
�el
I V
D862
G
Thie.noties posted on "Official Bulletin Board"
Aity Hall Ave . , Salem, Maes. on q, <PT/
A o11JD /(?1f. in accordanoe 'kith Chap.. 606.
of vie Aote of 1958.
9�- /� . ..
•
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Conservation Common
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Sulrm. 111assachuct•ft, 111970
VA ss
Conservation Commission
Agenda
May 9, 1991
1 . Determination of Applicability : New England Power proposes
to construct a fence surrounding its site at Collins Cove,
adjacent to Boston Gas.
2 . Determination of Applicability : New England Power proposes
to modify an existing tower leg foundation adjacent to
Kernwood Park at Danvers River .
3 . Discussion required by an Order : One Peabody Street, Hugh
Mulligan to discuss drainage plan .
• 4 . Enforcement Order : Clarke Avenue violations.
5 . Discussion on violation : 69 Valley Street.
6 . Discussion on proposed enforcement plan .
7 . Discussion on violation : 52 East Collins Street.
8 . Discussion on violation : 272 Highland Ave .
9 . Certificate of Compliance : Collins Cove Condominiums.
10 . Certificate of Compliance : Salem Department of Public Works
for work at Valley Street .
11 . Incoming correspondence :
a. National Park Service : Derby Wharf
b. Executive Office of Health & Huma
C . Amtrak: Yearly Operatio Plan
d. Forest River Tidal Ga s ik.,
•
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D954
(msff Vcafim C0mmissim
,
Salem. Massachusetts 01970
F. 5�
.1�.VAti5i\Ct\�.
TO: Conservation Commission
FROM: Juli Riemenschneider
RE: Fence Construction by New England Power
DATE: April 30, 1991
Larry Immerman, an engineer from D.E.P., requested that I attend a meeting on
the New England Power site, adjacent to the Boston Gas site on Collins Cove. New
England Power is being required to do a 21E for the site. There is evidence of
arsenic and coal tar.
Mr. Immerman is concerned that children and homeless people, who have access to
the site will be harmed by the contaminents. He is requiring N.E.P. to construct a
chain link and barbed wire fence, similar to the fence surrounding Boston Gas.
• Present at the site visit were a surveyor, fencing contractor and representatives
from N.E.P. and the D.E.P. They flagged and painted the location of the proposed
fence. The site is very wet, where possible the fence will be placed away from
wetland resource areas. Everyone would like to see the fence go up as quickly as
possible, therefore, if the Commission would like to walk the site we should try to
do so before next Thursday's meeting. Please let me know if you think it is
necessary.
M17
,S
•
t
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MAY 9, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 9 , 1991 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, Bob
Crowley, Fred Harney, and Betsy Horne. Also present were Juli
Riemenschneider, Environmental Planner and Eileen Sacco, Clerk.
The meeting was called to order at 7:00 P.M. by the Chairman,
John Vallis.
DETERMINATION OF APPLICABILITY - NEW ENGLAND POWER COMPANY
David Therrien Supervisor of Licenses and Permits for New England
Power Company, addressed the Commission on behalf of New England
Power to discuss a proposal to construct a fence surrounding
its property on the north side of Collins Cove. He noted that
the area has been identified by DEP to be investigated under
a 21E. He also noted that the construction of the fence has
been required by DEP as a precaution since evidence was found
• that people can get in there, and that possibly homeless people
are sleeping in there, and they are concerned that there is
potentially hazardous materials in there.
John Vallis asked what kind of fence would be constructed.
Mr. Therrien stated that it would be a 7 foot chain link fence
and they would rebuild a portion of an existing fence, but the
rest is in poor condition. He also noted that this request
is only for the construction of the fence and any additional
work or excavation would be a separate filing.
John Vallis also asked if they would be sinking any posts for
the fence. Mr. Therrien stated that galvanized steel posts
would be erected and there intention is to stay out of the Mean
High eater line, since that would require a Chapter 91 license,
and that would slow down the process.
George Ahmed asked if wildlife would be affected. Mr. Therrien
stated that they want to keep people out due to the potentially
hazardous material. He also noted that DEP considered the
situation an emergency, but they felt that since they were coming
to the Commission for approval of another matter they would
go for approval.
George Ahmed suggested that they should post signs to alert
people of the potentially hazardous material. Mr. Therrien
• stated that they would have to have their Attorney investigate
that possibility, since they are not sure that there is hazardous
1
• material in there and this is basically for precaution.
Betsy Horne asked if there would be a gate to allow access .
Mr. Therrien stated that there would be an 8 foot opening and
gate for access if there vehicles need to get down there.
There being no further questions at this time a motion was made
by George Ahmed for a Negative Determination, with the normal
conditions, seconded by Bob Crowley.
George Ahmed stated that he felt that there should be signs
posted alerting the public to the situation. Mr. Therrien will
get back to the Commission on that matter. The following special
Conditions were also discussed:
1 . That all work shall be done in accordance with the plans
submitted to the Commission.
2 . That the fence shall be properly maintained.
3 . No further work shall be performed beyond the erection of
the fence.
4 . That New England Power will investigate the placing of signs
informing the public of the possibility of hazardous material
on the property.
• There being no further discussion of the matter a vote was taken
on the motion made by George Ahmed for a negative determination
with the above special conditions, seconded by Bob Crowley and
approved unanimously.
DETERMINATION OF APPLICABILITY - NEW ENGLAND POWER- KERNWOOD
PARK - DANVERS RIVER
David Therrien presented plans to the Commission that call for
the modification of an existing tower leg foundations adjacent
to Kernwood Park at the Danvers River. Mr. Therrien had been
before the Commission previously for an informal discussion
on this matter. He noted that at that time they had proposed
to do some road work as well but they have abandoned those plans.
He also noted that at the suggestion of the Commission they
will fence in the towers with restriction barriers to prevent
people from climbing the tower.
Mr. Therrien explained that they will install sand bags along
the Danvers River side of the foundation. He also noted that
hay bails would be hard to secure since it is shallow.
Betsy Horne asked how many footings would be required. Mr.
Therrien stated that there would be 4 on the two towers. He
also noted that the height would be 6 1 /2 feet above the ground
• area.
2
• John Vallis asked when the work would be done. Mr. Therrien
stated that if the Commission approved the elan tonight, it
would be done in a week or two.
George Ahmed asked if any heavy equipment would be on the site.
Mr. Therrien stated that a dump truck and a back, hoe will be
needed.
There being no further discussion of this matter at this time
a motion was made by Bob Crowley for a Negative Determination,
seconded Betsy Horne, and approved unanimously.
DISCUSSION REQUIRED BY AN ORDER OF CONDITIONS- ONE PEABODY ST.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. was present
at the meeting to discuss the drainage plans for the lot area
at One Peabody Street. He noted that the Commission had placed
a Condition that no parking temporary or otherwise should take
place until the Commission reviews and approves a drainage plan.
Dr. Mulligan stated that he had Scott Petrovich, a professional
Engineer, look at the site and recommend a drainage plan. fie
stated that he recommended using leeching catch basins , which
would be placed in six foot diameter basins and the water will
run across the area disturbed and into the catch basin into
• the ground. The basins will contain bats that will catch oil
and will be changed annually, and are designed to handle the
one year storm. He also noted that the silt will be cleaned
annually so that there is no danger of contaminating the wetland.
John Vallis asked if they were recessed. Dr. Mulligan stated
that the bat contains an absorbent material that attracts oil
and would be replaced every year. He also noted that the life
expectancy of the basins are indefinite if they are well
maintained.
Fred Harney asked if the property should be sold, if the
conditions would go with it. Dr. Mulligan stated that they
would be recorded at the Registry of Deeds and would have to
be adhered to.
DISCUSSION - ENFORCEMENT ORDER - CLARK AVENUE VIOLATIONS
John Vallis recused himself from discussion of this matter.
Motion made by Betsy Horne to appoint George Ahmed Acting
Chairman for this discussion, seconded Fred Harney and approved
unanimously.
Attorney John Keilty addressed the Commission and stated that
since the last meeting they have learned a significant amount
• of information. He showed the Commission a profile of the
existing topography and showed a cross section of the existing
3
• slopes. He also presented a letter from Donald Kent, a former
Employee of Gulf of Maine Research Inc. , which stated that the
area was flagged twice due to the time of year that the first
flagging was done which was the summer. Juli Riemenschneider
noted that the 1988 plan does not show the proposed contours.
Atty. Keilty stated that the narrative explains that. Juli
Riemenschneider reviewed the Order of Conditions issued.
Paul Sommer stated that no more material will be applied to
the slope. He also stated that it had been seeded and is
starting to take, noting that they wish to maintain what his
there.
Juli Riemenschneider questions whether the grass would truly
stabilize the slope with the clay fill that has been put there.
Atty. Keilty stated that his client had indicated that he had
put some better soil on top to better stabilize the slope.
Juli Riemenschneider asked Atty. Keilty if the grass would
stabilize directing runoff away from the slope. Atty. Keilty
replied that there is a problem in some areas. Juli noted that
the work odes not conform with the approved plans, and that
even if the plan was on file that showed the second flagging,
a new Order of Conditions should have been issued. She further
noted that the plans show no proposed contours and all of the
• work that was done, was done without an Order of Conditions.
Paul Sommer again referred to Don Kents letter referring to
the vegetation located at the tow of the slope is consistent
with what is there for the summer delineation.
George Ahmed expressed concern that the area was seeded after
the Enforcement Order was issued. Juli Riemenschneider stated
that the Enforcement Order allowed for the slope to be
maintained.
George Ahmed asked if the members had any further questions
or comments at this time. There being none he informed Atty.
Keilty that the Commission would issue a decision at their next
meeting.
DISCUSSION OF VIOLATION - 69 VALLEY STREET
Juli Riemenschneider explained to the Commission that she had
received a report of illegal filling and investigated the area.
She showed pictures that she had taken. Stephanie Sironi, the
owner of the property was present at the meeting to discuss
the matter. She noted that they are trying to grow grass and
clean up the area and did not know that they needed to get
approval from the Commission. George Ahmed explained to her
that since her property is within the 100 foot buffer zone she
• was required to take certain steps, and advised her to file
for a Determination of Applicability before they proceed with
4
• any further work.
DISCUSSION OF PROPOSED ENFORCEMENT PLAN
Juli Riemenschneider addressed the Commission and stated that
there have been increased numbers of violations occurring
throughout the city. She stated that she has prepared a proposal
to handle the violations which should expedite the process.
She noted that as it is now, she receives the complaint and
investigates it but no further action is taken until the
Commission meets again. She reviewed the proposed "Enforcement
Plan" with the Commission.
Betsy Horne asked where the $200.00 per day fine would g0.
Juli Riemenschneider noted that there have not been many cases
of it having to be invoked and that it would probably go to
the general fund.
Juli Riemenschneider also informed the Commission of a report
of illegal dumping at 52 East Collins Street. John Vallis
suggested sending them a letter and have them come to the next
meeting. He also suggested that the Commission visit the site
before the next meeting.
Betsy Horne suggested that the Commission have a one page
• explanation to issue to homeowners detailing their
responsibilities with regards to the Wetlands Protection Act.
DISCUSSION OF VIOLATION - 272 HIGHLAND AVENUE
Juli Riemenschneider informed the Commission that she had
received a complaint of illegal dumping at 272 Highland Avenue,
the property is owner by Mr. Cohen who owns Tri-City-Sales.
She noted that she spoke with Mr. Cohen and he indicated that
he leases the property to Lane Chase and he has stock piled
mulch. John Vallis suggested that they issued a cease and desist
order to the owner and the tenant.
Motion made by Bob Crowley to issue a Cease and Desist Order
fro 272 Highland Avenue, seconded by Fred Harney and approved
unanimously.
CERTIFICATE OF COMPLIANCE - COLLINS COVE CONDOMINIUMS
Juli Riemenschneider presented the Commission with a letter
requesting that a Certificate of Compliance be issued for the
Collins Cove Condominiums Dock. She stated that she went out
there and everything looked fine. John Vallis noted that the
request had been made before and that the Commission requested
additional information. Juli Riemenschneider will contact them
ant have them submit it.
•
5
• CERTIFICATE OF COMPLIANCE - CITY OF SALEM DEPARTMENT OF PUBLIC
WORKS - FOR WORK AT VALLEY STREET
Juli Riemenschneider noted that she had received a letter from
Stan Bigelow, Director of Public ;forks, informing her that the
city had done the work on Valley Street and that what Mr.
Anderson wants them to do is above the Order of Conditions.
She read the letter from Mr. Bigelow and reviewed the Order
of Conditions. John Vallis suggested inviting Mr. Bigelow to
the next meeting of the Commission.
OLD/NEW BUSINESS
Juli Riemenschneider reviewed correspondence with the Commission.
APPROVAL OF MINUTES
The minutes of the meeting of April 11 , 1991 were presented
for approval. Motion made by Bob Crowley to approve the minutes
of the meeting of April 11 , 1991 , 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 Betsy Horne to adjourn
the meeting, seconded by George Ahmed and approved unanimously.
• The meeting was adjourned at 10:30 P.M.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO, CLERK
CC050991
•
6
{% Conservatim CoIYll1"l1SSf101Il
Salem. Massachusetts 01970
F, yV
1j.1L1 SSi\Ctl�
Agenda
MAy 23 , 1991 QIA'µ�llf� ��1 `p Co.
1 . Determination of applicability - David Cohen -r Highland
Avenue proposes to stockpile materials adjacent to a
wetland . Determination in response to an Enforcement
Order .
2 . Request for Certificate of Comperance - Salem D . P .W. -
Valley .Street .
3 . Request for Certificate of Comperance - Collins Cove
Condiminiums .
• 4 . Enforcement Order - Nickolus Fiore - Discussion .
5 . Violation - Stephan / Sironi - 69 Valley Street -
Discussion .
6 . Violation - Debra Bouchard - 52 East Collins Street -
Discussion .
7 . Enforcement Orders - David Colpitts - Clark Avenue -
Discussion .
�"
QON � �ll �cJ
Old/New Business
Approval of Meeting Minutes
A
E933
•
• ;Ai ii CO iSERVA^•_ION CO?4`iISSIOI
...Ii?UT S OF '✓:HETI.;
THURSDAY, MAY 23 , 1991
A regular ;reetinc_i of the Salem Conservation Commission was held
on Thursday, May 23, 1991 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, Betsy
Horne, Fred Harney, Abby Burns , and Bob Crowley. Also present
were Environmental Planner Juli Riemenschneider and Eileen Sacco,
Clerk.
DFT.ERMIMATIO?d OF .APPLICABILITY - DAVID CO'3EN - 272 HIGHLAND
AVENUE
Dr. Hugh Mulligan of Gulf of Maine Pesearch Inc. addressed the
Commission on behalf of his client Davie: Cohen, concerning his
property at 272 Highland Avenue. -Uc explained that his client
leases the property to a landscaper who has been stock piling
bark mulch and loam on the nroperty. He noted that the bac!:
of this property is an isolated wetland subject to flooding.
Dr. Mulligan informed the Commission that his client was unaware
that there was a problem, and he wants to correct the situation.
• He also noted that the material of concern is fill that is placed
at the hack of the property on a side slope and is above the
wetland. He stated that his client is willing to put up a chain
link fence. He suggested that they could stake the fence and
have Juli Riemenschneider approve the location.
John Vallis noted that the area is not in a buffer zone, but
that the owner is willing to erect a fence to protect the area.
He also noted that this is a good opportunity to clean up the
area.
Juli Riemenschneider noted that she had spoken to Mr. Cohen
and that lie indicated that he might be willing to extend the
fence so that trucks would be prevented from getting in there
to dump.
There being no further questions or comments a motion was made
by Abby Burns to close the public hearing, seconded by Betsy
Horne and approved unanimously.
The Commission discussed the proposal and suggested some
conditions that could he attached to a Negative Determination.
Motion made by Abby Burns for a Negative Determination with
the following conditions, seconded by Betsy Horne and approved
• unanimously:
1
• COidnITIONS FOR 272 HI(,HLAi9D AW"NUE
1 . The location of a 6 ft. :ainimum length of. 100 feet chain
link fence shall be ;utually agreed upon '-)y the Owner,
Conservation Commission and Dr. Mulligan.
2. That the area shall be clean up and tire etc. shall be
removed.
3 . That staked hay bales shall be placed on the site.
4 . The time period for completion of this work shall 1)e 45
clays.
5 . That any additional work to be done inside the isolated
land shall require review by the Conservation Commission.
George Ahmed noted that he did not want to see the tonography
of the land changed, Dr. : ulligan stated that he did not think
there were any plans to do so.
Sohn Vallis noted that he did not think that the Commission
could regulate that since it is not in the Commissions
jurisdiction.
• CERTTFICATF•. OF COMPLIANCE - CITY OF SALEM DPVd - VALLEY STREET
Stan Bigelow, Director of Public Services for the City of Salem
addressed the Commission to request a Certificate of Compliance
for work performed in accordance with an Order of Conditions
issued in 1989. He noted that the wort: was clone in 1990 and
the debris was cleaned uu twice this spring to allow the channel
to run free. Ile stated that they met the requirements of the
Order of Conditions and that he want to close this project out.
Mr. ^igelow also noted that he plans to come before the
Commission at a later date with a Notice of Intent to be
renewable annually to maintain 3 or 4 resource areas, by
clearing the define channel of the stream, but not removing
anything from the sides.
Betsy Horne asked if this work that was done was beyond the
scone of the area that Mr. Anderson was complaining about.
Mr. 333igelow stated that he sees that area as a :ordering
Vegetated wetland and that he told Mr. Anderson that he could
propose to solve the problem and file a Notice of Intent with
the Commission.
Abbv ",urns asked if the area had always been that way. Mr.
Bigelow stated that he looked at the base maps and it looks
li':e there was a pond filled in on Gallows Hill Road, but the
• area remains at original ground levels . He also stated that
his department has and will remove vegetation from the stream
2
• hed to !:eeo the stream flowing.
John Vallis asked if there was •1 iecorded easement. 'lr. "i-. elow
stated that it is simply a drainage easement and is *part of
P. an
recorded subdivision plan, d the city has not acce?ter. the
ease:uent.
There 1:>eing no further questions or comments from those present,
a motion was made by George Ahmed to issue a Certificate of
Compliance for Valley Street, seconded by Abby %;urns and approved
unanimously.
C�=IIFICA= O" COMPLIAi1C.F. - COLLIiaS COVE CONDOS - 37 SETTLEI-S
MAY
John Tangusso addressed the Commission and presented a letter
from DeFalco Engineering stating that the project was in
compliance and contained the necessary information for the
Com:gission to issue a Certificate of Compliance.
Motion :wade by Abby Burns to issue a Certificate of Compliance
for the Collins Cove Condominiums - 37 Settlers !gay, secon0ed
by George Ahmed and approved unanimously.
During a discussion by the Commission is was discovered that
at the time the Order of Conditions was issued, the Commission
• placed Conditions that should remain in effect beyond the
construction of the dock,. They are as follows:
_6_ ._.
1 . :!iat the.lowness-s halhhav_e and provide Eo the Gbimnission
marintenance schedule.
2 . That there shall be no discharge of chemical waste .
3 . Fueling or Refueling at the doc!; shall be prohibiter':.
n . That the self locking gate has been installed and shall
be maintained.
5. That there shall be .no installation of electrical services
in that area.
?lotion made by Fred Harney to include these conditions in the
Certificate of Compliance, seconded by Bob Crowley and approved
unanimously.
JBERTINI ' S PROPERTY DISCUSSION
Roger Pelletier of 7 Kimball noad addressed the Commission and
showed pictures of what he believes is unauthorized activity
taking glace on the Bertini Property behind Bertini ' s _Restaurant.
• Juli Riemenschneider stated that she had been to the property
twice and that on the first occasion someone was cleaning up
3
• the site. John Vallis noted that the rertini ' s are not supnosed
to do anv ,cork nend.ing an order from, DPP. : e suggested that
the Commission wait for that order since it is :'ue in a couple
of rtee!cs .
VIOLATION - STP;PHANY SIRONI - 69 VALLEY ==—T
Juli Riemenschneider stated that she had. not heard from the
Sironi ' s since the last meeting that they attended. It was
suggested that she call her to see where they stand and. prompt
some action.
VIOLATION - DEBRA T3OTICITARD - 52 ,AST COLLINS ST.nRET
Juli : iemenschneider reported that a letter had been sent to
is . Bouchard ordering that .she reinstall the fence and clean
un the area. She noted that the letter stated that a site visit
mould be held on Friday, Nav 24 , 1991 , to see if the wort: had
')een done. It was suggested to issue an enforcennent order if
she had not complied ;)y the deadline.
O'ID/lIT7W I3USITIrSS
George Ahmed addressed the Commission and suggested that they
appoint a member to serve a Acting Chairman in the event that
• the Chairman or Vice Chairman are unable to participate in a
discussion. lie also suggested that the Commissioners should
take turns filling in .so that they are familiar with the process.
IIe also suggested that it should be a :woman to serve as
Co-Chairman.
Abby '3urns nominated T:etsv Ilorne, seconded by George Ahmed.
`•lotion made by Abby '3urns to appoint Detsv Tiorne as Co-Chairman
of the Conservation Commission, seconded '.)v, George Ahmed and
annroved unanimously.
FOREST RIVE^ TIDAL GATES
Detsy Horne discussed a schedule of times that she had figured
out for the opening and closing of the tidal gates at Forest
^iver. The Commission discussed the times and decided to
recommend to Mayor Harrington that the gates be opened and closed
at the following times for the Memorial Day Weekend:
Saturday, May 25, 1991 - CLOSE AT 10:41 A..M.
Sunday, !lay 25 , 1991 - OPEN at 11 : 30 P.M.
Juli Riemenschneider will send the schedule and a letter to
the i,layor on friday :morning.
Betsy Borne also noted that Farah Courtney of Coastal Zone
• ',anagement has indicated to her that she is concerned about
the tidal gates and that she is interested in getting all parties
4
• together. .She also noted that she had ,spoken to '100 ?-foyer of
ra
the Peabody :`useuand ie had people interested. in !aonitorinr,
the salt :oarsh behind the tidal gates. lie would like someone
fro. the Commission to attend a meeting at the Peabody tIuseum
on June 5 , 1991 .
George Ahmed addressed t!Ze Commission and stated that he pad
placed a call to Son brant at Salem District Court to find out
the nrocedure for filing criminal action. He said he felt that
the Commission should be able to go through the same process
that t!le Board of Health to file criminal complaints .
APPROVAL OF %lI71UTES
The minutes of the :aeeting of !'!ay 9 , 1991 were presented for
approval . aotion made by Petsy Horne to approve the minutes
of the meeting of `lay 9 , 1991 , seconded by George Ahmed and
approved unanimously.
ENFORCE -'LETT ORDER - DAVID COLPIT^_S - CLARIC
AVE
John Vallis recused himself from discussion of this matter and
there being no further items on the agenda to be addressed at
this 'meeting, turned the meeting over to Betsy Horne and left
the meeting.
• Juli :iemenschneider reviewed the proposed Enforcement Orders
to be issued to David Colpitts concerning his property on Clark
Avenue. The Commission discussed sending the Enforcement Order
to the other owners of property involved to make them responsible
for the action as well , even though -Mr. Colpitts stated that
he was representing them as well. It was decided to issue the
rnforcement Order to Paul Claveau and Nick Fiore.
M
otion made by George Ah:tied to issue the Enforcement Order to
David Colpitts, Nick Fiore, and Paul Claveau, seconded by Aeby
93urns and approved unanimously.
The Commission also discussed an Enforcement Order that was
issued to Nick Fiore 6 weeks ago, and upon a site visit it was
discovered that the property in question is not owned by Mr.
Fiore. It was also noted that there is some question or a
road that may have been used by Mr. Colpitts for access with
the material that was dumped on the property. It was decided
to send letter to the owners of lots 20 and 21 and have them
contact the Planning Department if they have any information.
•
5
• There being no further business to come before the Cornmission
at this -meeting, a motion was made I)y 'ob Crowley to adjourn
the meeting seconded by Abby 73urns and approved unanimously.
':he meeting ,las adjourned at 9:30
RESPECTFULLY SUBMITTED RY:
EILEEN M. SACCO, CL^P.bC
CC052391
•
• G
\t�uu Cpl{tL
z Cone vatim Ci0YI missim
,� xf Salem. Massachusetts 01970
11ASSP����
Agenda June 13 , 1991
1 . Response to a letter from the Commission; possible violation -
Janet Mulvihill .
2 . Determination of Applicability; signing of forms from the last
meeting - David Cohen .
3 . Enforcement Orders ; Clark Avenue .
Old/New Business
• Salem-Beverly Bridge
Bertinis
Stephane Sirone - 69 Valley Street
Debra Bouchard - 52 East Collins Street
Tidal Gate Charts -jr I j_Q. k_"f
Approval of the Minutes )
CM608
SALEM CONSERVATION COMMISSION'
MI;:?UTES OF ;MEETING
• THURSDAY' JUTE 13, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, June 13, 1991 at 7: 00 P. . in the second floor
conference room at One Salem Creen.
Those present were: Chairman John Vallis, ^'etsy Horne, (Ieorge
Ahmed, and Bob Crowley. Also present were: Juli aie:aenschneider,
Environmental Planner and Eileen Sacco, Cleric.
DISCUSSION - JANET 'IULVI'_IILL - POSSIBLE VIOLATIOi•1
Mrs. Mulvihill was present at the meeting with her Attorney
t;artin J. McNulty to address the concerns of the Commission
with regards to her property on the other side of Clar'c Avenue
and the possibility of violations on that property. Juli
,�ieiaenschneider stated that during a site visit to the Colpitts
property it was noted that there appears to be fill encroaching
the wetlands on Mrs . `iulvihill ' s property.
Attorney McNulty noted that the 11ulvihill ' s had the property
staked out, but the stakes had been removed. lie showed the
Commission a plan and noted the location of his clients property
as being .lots 17 & 13, and lots 71 n 72 as being owned by Mr.
• Fiore. lie noted that the fill was placed to the best of his
knowledge sometime last year. He also noted that Mr. Fiore
had given someone permission to fill on his property. 3etsy
Ilorne noted that `4r. Fiore had told them that he had given Mr.
Coipitts *permission to gain entry to his property through his
property, i)ut had put up a barrier to stop entry when he saw
the amount of fill being placed in there. Attorney, -!c
..--, .�,.�-�x
azlso noted hatFit,ia�`lril:ely .that civil suits will :)e„failed
in this matter.::-
John Vallis asked if the DPW had been notified that there has
been a change of more than 2Cs in this area. Juli P.iemenschneider
stated that she checked and they had not been notified.
Attorney McNulty stated that his clients property had been
infringed upon but nothing drastic such as going down the middle
of it. tie also noted that now that the matter has been called
to his clients attention she wants to get to the bottom of it.
John Vallis noted that there is some fill on Mrs. :4ulvihill ' s
property, and how much needs to be determined. lie also noted
that they need to determine what other parties are involved.
lie suggested that R1rs. Mulvihill place staked hay bales on her
property to protect the wetland and prevent further movement
into the it. :He also suggested that they re-post the no
trespassing signs on her property.
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John Vallis suggested that the Commission have a site visit
to the property before the next meeting. He also asked that
• the other owners of the property be asked to come to the next
meeting.
OLD/i,TM-I BUSINESS
SA?.EMMEVP,RLY TIT"IDGE
Juli Riemenschneider stated that she had been contacted by the
State to see if the Commission wanted to have an informal session
concerning the construction of the new bridge. John Vallis
noted that he thought that it would be a good idea and suggested
that thev come to the next meeting.
BERTIMI ' S
Juli Riemenschneider showed the Commission photographs that
she took at the property located behind Bertini ' s Restaurant
;which indicate that they are doing some work on that property.
She stated that she had called DEP to find out the status of
the ruling that is pending, but that she was unable to get and
answer.
George Ahmed suggested sending a cease and desist order to them.
John Vallis noted that the property is under the jurisdiction
of the DEP, so the Commission has to wait for them to act.
• STEPHANIE SIRO_dE - 69 VALLEY STREET
Juli Riemenschneider stated that she had received the application
and fee from the Sirone' s and showed the Commission the plan
that was filed. John Vallis suggested that she be contacted
and have file a more informative plan.
DEBRA DOUCMARD - 52 EAST COLLINS STREET
Juli _^eimenschneider reported that she went to 52 East Collins
Street to follow up on the letter that the Commission sent her,
asking that she clean up her property. She reported that the
area had been cleaned up but that the fence had not been nut
up as requested. She stated that she followed the visit up
with a phone call to Ms. Bouchard who stated that she had never
received a letter and that her tenants had cleaned up the
property before she Gwent to collect the rent.
John Vallis suggested that the Commission send another letter
to her stating that the Commission would be monitoring the area
and note the improvement the clean up has made on the area.
FOREST RIVER TIDAL GATES
Juli Riemenschneider reported that suggested time table for
• the closing of the gates ;was sent to the Payor and that some
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times were changed for certain weekends. She also reported
that Rob Mover of the Peabodv `tuseum wants to monitor the Forest
• river Estuary regarding the closing of the gates. She noted
that they held a meeting which was attended by Debra Iurlbert
and she would get more information for the next meeting.
L;GAL ACTION CONCERNING ILLI.GAL DUMPING
George Ahmed asked if Juli had a chance to find out how the
Commission can take action against violators in Criminal Court.
She reported that she had found out that a fine or imprisonment
could be imposed but that doesn' t mean they have to clean it
Up.
George Ahmed also noted that he was concerned that the statute
of limitations may run out before the Commission gets an answer
from the Mayor ' s office.
57 AURORA LANE
John Vallis reported that he had been contacted by Attorney
David Stern concerning the sale of a unit located at 57 Aurora
Lane, in the Fafard development. He noted that a title search
showed that a Certificate of Compliance was never issued for
the development and that they need to satisfy the ban]; before
the sale can go through. He read a letter to the Commission
that he would give to the Attorney in hopes that it would satisfy
• the bank for this closing, but noted that the Commission could
not give them a Certificate of Compliance since they are not
sure if all of the wort: was conformed to and the developer has
not presented evidence of it.
'lotion made by George Ahmed to approve the sending of the letter
to Attorney David Stern, seconded by Betsy Horne and approved
unanimously.
APPROVAL OF MINUTES
The minutes of the meeting of May 23 , 1991 were presented for
approval. Motion made by Bob Crowley to adjourn the meeting,
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 Bob Crowley to adjourn
the meeting, seconded by George Ahmed and approved unanimously.
The meeting was adjourned at 8:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERI:
• CC061391
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• SALE14 CONSERVATION COMMISSION
MINUTES OF IMEETING
THURSDAY, JULY 1 1 , 1991
Regular meeting of the Salem Conservation Commission was held
on Thursday, July 11 , 1991 , at 7:00 P.M. in the second floor
conference roo::i at One Salem Green.
^nose aresent were: Chairman John Vallis, Betsy Horne, Richard
"eraino, and Fred Harney. Also present were Environmental Planner
ruli Riemenschneider, Debra Hurlbert of the Planning Department,
and Eileen Sacco, Clerk.
The Commission discussed various items to be addressed while
waiting for the representative of Gibbs Oil to arrive at the
seeting.
.IATIO:*IAL PAIR SERVICE - REPAIRS TO CENTRAL WHARF
Juli P.iemenschneider discussed a letter from Debra Hilbert of
the National Park Service detailing the plans of the NPS to
install a fence on Central Wharf around an area that is failing,
in an effort to keep people out of that area. The letter noted
that the work would be done on the land side of the wharf and
• that no wor:c is to take place in the water. Juli noted that
this could be considered an emergency. John Vallis suggested
that the NPS should come to the next meeting for approval .
Juli also noted that they may have to do some of the wort: prior
to the next meeting.
ST^PIIANIE SIPONI - 69 VALLEY STREET
Juli reported that she had received an application and fee for
advertising from the Sironi ' s for the last meeting, however
they failed to appear. She also noted that the drawing of the
plans was sketchy and that Mrs. Sironi had stated that she sent
a copy of the plans to DEP. She further noted that she had
not heard from the Sironi 's, and when she phoned them, Mr. Sironi
was belligerent. John Vallis suggested that the Commission
send the Sironi ' s a cease and desist order and let them worry
about it.
STORY STREET VIOLATIONS
Betsy Horne asked about the status of the Story Street violations
involving Stephen Lovely and Joseph Raby. Juli replied that
the statute of limitations on the matter is up in September.
She also stated that City Planner William Luster discussed the
matter with Mayor Harrington, -
. She also noted that
• :he informed David Shea that the Commission was considering
taking the matter to criminal court as a Commission.
1
• John Vallis said that he would call Assistant City Solicitor
Leonard Femino and inform him that if the City does not initiate
proceedings by July 19, 1991 the Commission would file for a
hearing with the Clerk %lagistrate to determine whether a
complaint should be issued for a Iletlands Protection Act
Violation against Stephen Lovely and Joseph Baby.
Notion made by Betsy Horne to authorize the Chairman, John
Vallis, to file for a hearing with the Clerk Magistrate to
determine if a complaint should be issued for Wetlands Protection
Act violations against Stephen Lovely and Joseph Raby, if the
City does not initiate action by July 19 , 1991 , seconded by
Richard Femino and approved unanimously.
Betsy borne suggested that current photographs should be taken
of the properties involved.
iiACI:EY PROPERTY
Juli showed the Commission pictures taken by Patricia :leiting
of the Mackey property, which indicate that the piles are getting
larger. Debbie Iiurlbert reviewed the events that have taken
place with regards to the property from September 1984 through
'1pril 25, 1988 , which covered all of the information on file.
John Vallis suggested that Juli contact DEP and see what the
• status of the adjudicatory hearing is.
SALEM/BEVERLY BRIDGE
Juli reported that she has not heard from the person who is
supposed to come before the Commission for an informal discussion
for the Notice of Intent for the Salem Beverly Bridge.
APPROVAL OF MINUTES
The minutes of the meeting of June 13, 1991 were presented for
approval. Motion made by Richard Femino to approve the minutes
of the meeting of June 13 , 1991 , seconded by Retsy Horne and
approved unanimously.
DETERMINATION OF APPLICABILITY - CIBBS SERVICE STATION - 259
DERBY STREET
I:evin Trainer from Hydro Environmental Technologies, Inc. ,
addressed the Commission on behalf of his clients Gibbs Service
Station, located at 259 Derby Street. IIe reviewed the plans
with the Commission which call for the installation of 6
monitoring wells to be installed at the site. lie explained
the locations of each of the wells and explained the installation
process of them as well. Ile noted that for each of the 6 wells
a borehole of approximately 8.5 inches in diameter to a depth
• of approximately 15 feet below grade will be needed. The
monitoring wells will be constructed of 4 inch diameter slotted
2
• PVC pipe and will be inserted into the borehole. The open space
around the pipe will be filled with clean silica sand and a
one foot bentonite seal will ::)e Placed one foot above the
screened interval, and the remainder of the boring will be
backfilled.
John Vallis asked what they plan to do with any contaminated
soil, if any is found. `!r. Trainer stated that they Plan to
store it in 55 gallon drums ,which will be marked hazardous waste,
until it is removed from the site by a licensed hazardous waste
hauler. John Vallis asked if there the gas station would be
in operation during the installation. Mr. Trainer replied that
it would be open, and they expect minimal disturbance of
operation to occur during installation.
John Vallis asked if the Fire Department is required to be on
hand when the wells are installed. Mr. Trainer otated that
they are not required to be present but they may stop by.
John Vallis suggested that they should contact the Fire
Department. Mr. Trainer stated that he had not thought about
that noting that there is little chance that anything could
happen while the installation is taking place. John Vallis
noted that for safety reasons he felt that they .should send
a cover letter to the :'ire Department explaining the process
that they will be using.
• Betsy Horne asked when they plan to get started. Mr. Trainer
stated that they would like to get started as soon as possible.
Richard Femino asked Mr. Trainer to explain the Process that
would be used if they find that they need to clean up the area.
Mr. Trainer replied that they .would not be using any back hoes
or heavy equipment in the area.
Fred Harney asked how long the barrels of contaminated material
would be on site. Mr. Trainer stated that they should be there
no longer than a month, depending on how long it takes to get
a licensed contractor to haul it away.
Fred Harney also asked if they had any Plans to take anymore
borings on Derby Street, noting that they should get in touch
with the City now since there are plans to re-pave Derby Street,
and the city probably wouldn't look, favorably at digging up
the street after it is paved.
Richard Femino asked if they do find contamination if they would
test the water and not the soil. Mr. Trainer replied that the
water table is low so there shouldn' t be much. He also noted
that it is usually more. cost efficient and that DPP does not
regard excavation as a viable treatment option. He also
explained the process of venting soils.
• There being no further questions or comments from those present,
3
a motion was made by Richard Femino for a negative determination,
• for Gibbs Service Station, seconded by Fred Harney, and approved
unanimously, with the following conditions:
1 . That if contaminated material is found n the site it shall
be removed within 30 days of the completion of the
installation of the monitoring wells .
2. That the Conservation Commission will be notified if any
additional excavation work is to be done if the buffer zone.
3. That the Fire Department will be notified by letter of the
project and a copy of the letter will be sent to the Salem
Conservation Commission.
CLARK AVENUE DISCUSSION
John Vallis recused himself from discussion of this matter.
Juli Riemenschneider reported that the enforcement orders had
been sent out to Paul Claveau and Nicholas Fiore, because they
are land owners, even though Mr. Colpitts has stated that he'
is responsible for what has gone on. She also read a letter
from Mr. Claveau ' s Attorney, John Serafini Sr. , requesting that
the Commission suspend action against Mr. Claveau to afford
him the opportunity to meet with the Commission to discuss the
• matter.
Betsy Horne asked what the status of the Mulvihill property
was and Juli stated that it was supposed to be staked and the
Commission was going to visit the site, but that it has not
yet been staked, to determine the wetland.
BERTINI ' S
John Vallis returned to the meeting at this time.
Juli reported that Roger Pelletier reported to her that truck
loads of asphalt were arriving at Bertini ' s. She noted that
she has unsuccessfully tried to contact DEP.
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 :45 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLE-N
CC071191
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Conservation Commission
Agenda
Thursday, July 25, 1991
New Business
1. Request of Emergency Certification for Sea Wall failure at Central
Wharf, Salem Maritime National Historic Site.
�. " l Sh - 2;j waders 15+r-ed C-Xfwsion hcrmrt
Old Business
• 1. Story Street -
2. Department of Public Services - letter requesting maintenance
3. Salem Beverly Bridge -
4. 52 East Collins - letter to Debra Bouchard
5. 69 Valley Street - Enforcement Order
6. Mackey - Leggs Hill - possible violation
7. Clark Avenue - Enforcement Order - letter requesting emergency hearing.
Approval of Minutes
M21 WP
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SALEM CONSERVATION COMMISSION
•
MINUTES OF MEETING
THURSDAY, JULY 25, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 25, 1991 , at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Richard Femino, George
Ahmed, Fred Harney, Bob Crowley, Betsy Horne and Abby Burns.
Also present were Juli Riemenschneider Environmental Planner,
Debra Hurlbert Conservation Commission Aide, and Eileen Sacco,
Clerk.
The meeting was called to order at 7:00 P.M. by Richard Femino.
Chairman John Vallis assumed the Chair when he arrived.
CLARK AVENUE - ENFORCEMENT ORDER - DISCUSSION
Juli Riemenschneider informed the Commission that the assessors
map shows that 12 Clark Avenue is owned by Julie Armstrong and
Roland Mento. This property is also involved the illegal
dumping that occurred up there. Juli reviewed the letter that
she prepared to send to the owners informing them of the
violations, as were send to the other lot owners involved.
• Betsy Horne expressed her concern that these owners are being
notified after the others have been notified. Juli stated that
the other owners were notified after the decision of the
Commission was given and there should not be a problem.
Motion made by George Ahmed to send the letter to Julie Armstrong
and Roland Mento informing them of the violation and the
enforcement order, seconded by Bob Crowley and approved
unanimously.
Richard Femino asked if the Commission had heard from Paul_`
Claveau or his Attorney John Serafini . Juli noted that she
had talked-to Atty. Serafini and told him that they should come
before the Commission when the have a plan of action rather
than have to keep coming in before he knows what he plans to
do. She also noted that he has hired an engineer.
REQUEST FOR EMERGENCY CERTIFICATION FOR SEA WALL FAILURE AT
CENTRAL WHARF- SALEM MARITIME NATIONAL HISTORIC SITE
Debbie Hilbert, a planner with the National Park Service
addressed the Commission and explained that last spring while
the were surveying they discovered that the Central Wharf was
failing. She also noted that the long range plans of the NPS
• are to rebuild the wharf next year. She also noted that the
wharf as if it now is a hazard to visitors and the water way.
1
• George Ahmed asked if Ms. Hilbert knew what kind of fill was
used when the wharf was built. Debbie stated that it was a
mixture of everything and was built between the 18th and 20th
century.
Ms. Hilbert explained that they propose to pull the dirt back
from a 1 to 2 slope and store it in a pile.
John Vallis asked if any work had been started. Ms. Hilbert
stated that a fence had been put up to keep people away from
that area, but that no dirt had been pulled back. She also
noted that 2 lobster men have access by special permit to use
the wharf, but they will be using the other side, not the side
that is failing.
Motion made by Abby Burns to grant the request of Emergency
Certification for the Sea Wall failure at Central Wharf, to
perform only the work that is an emergency, and that if the
stock, pile needs to be covered, NPS will do so, seconded George
Ahmed and approved unanimously.
Richard Femino suggested that the NPS should be required to
come back to the Commission before the end of 1991 with a Notice
of Intent for the rest of the repairs. John Vallis agreed and
• asked Ms. Hilbert if that would be a problem. Ms. Hilbert stated
that she felt they would be able to do that.
Motion made by Richard Femino that the NPS will come before
the Commission by the end of 1991 , and file a Notice of Intent
for all of the repairs that are to be done, seconded by George
Ahmed and approved unanimously.
SALEM SHOE - 24 SAUNDERS STREET - EXTENSION OF PERMIT
Juli Riemenschneider informed the Commission that she had
received a letter from Attorney John Serafini requesting an
extension of the Order of Conditions that was issued on June
23, 1988 for the Salem Shoe Building on Saunders Street. She
noted that the building was torn down in preparation for
building, and the property was leveled and graded but the economy
bottomed out. They are requesting a three year extension.
George Ahmed stated that he did not want to put a hardship on
anyone, but that he is against giving long extensions. He stated
that he would like to see the Commission establish guidelines
for granting extensions. He suggested that the Commission could
grant two years on the first request, and the second request
should be only for one year since regulations and areas change.
John Vallis agreed, and suggested that this request should get
a two year extension. Juli Riemenschneider suggested that a
• letter could be sent to them with the extension requesting the
name of the contractor and to notify the Commission when
2
• construction resumes.
Motion made by Abby Burns to grant a two year extension on the
Order of Conditions for Salem Shoe, 24 Saunders Street, seconded
by Richard Femino and approved unanimously.
OLD/NEW BUSINESS
STORY STREET - ALLEGED VIOLATIONS
John Vallis informed the Commission that he had spoken to City
Solicitor Kevin Daly concerning property of Steven Lovely and
Joseph Raby. He stated that Kevin Daly told him that he was
not handling the case and Lenny Femino was on vacation. He
also noted that he had a conversation with David Shea in the
Mayors Office and he indicated that they felt that it would
be a waste of time to pursue the matter, since Mr. Raby is
elderly and Mr. Lovely 's wife just had a new baby. John Vallis
stated that he informed David Shea that the Commission was
considering filing a complaint in court on their own, and his
comment was - you wouldn't do that - would you?
Abby Burns stated that she did not think that the Commission
had a choice, since they can' t let people think that the
Commission would buckle under political pressure.
• Motion made by Abby Burns that the Chairman, John Vallis be
directed and authorized to initiate a complaint hearing,
regarding Mr. Lovely and Mr. Raby, seconded by Betsy Horne and
approved unanimously.
John Vallis noted that he is representing the Commission in
the capacity of a member and as the Chairman, not in a legal
capacity.
DEPARTMENT OF PUBLIC SERVICES - LETTER REQUESTING MAINTENANCE
Juli reviewed a letter to the DPS requesting maintenance of
an area on Valley Street. John Vallis signed the letter.
SALEM - BEVERLY BRIDGE
Juli informed the Commission that she had been in contact with
Bob Joseph the consultant for the state, and he will come in
to meet with the Commission for an informal discussion in
September.
69 VALLEY STREET - ENFORCEMENT ORDER
Juli reviewed the enforcement order prepared for 69 Valley
• Street, owned by the Sironi ' s since they have failed to appear
before the Commission with a definite plan.
3
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• Motion made by Fred Harney to issued a cease and desist order
for 69 Valley Street, seconded by Bob Crowley and approved
unanimously.
MACKEY - LEGGS HILL - POSSIBLE VIOLATION
Debbie Hurlburt reported to the Commission that she reviewed
the file concerning the Mackey Property and gave the Commission
an outline to the events that occurred. Juli noted that she
had unsuccessfully tried to call DEP but had received no
response. She stated that she would send a letter to DEP
requesting information on the status or the matter.
BERTINI 'S
Juli noted that the last correspondence in the file concerning
the appeal was June 22, 1989. She stated that she would send
a letter to DEP requesting information on this as well . John
Vallis suggested that a copy of the letter be sent to Attorney
John Serafini and to Roger Pelletier.
CLARK AVENUE - ENFORCEMENT ORDER - LETTER REQUESTING EMERGENCY
HEARING
Juli presented a letter to the Commission that will be sent
• to DEP requesting an Emergency Hearing on the Appeal since the
property is eroding and is a hazard.
APPROVAL OF MINUTES
The minutes to the meeting of July 11 , 1991 were presented for
approval. Motion made by Abby Burns to approve the minutes
of the meeting of July 11 , 1991 , 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 Abby Burns to adjourn the
meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 8:40 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC072591
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{z Conservatim
Conirrussim
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Nom,
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TO: Conservation Commission
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FROM: Juli Riemenschneider //JGCCi
RE: September 12th Meeting
DATE: September 5 , 1991
AGENDA
1 . Hearing for the Notice of Intent submitted by the
Massachusetts Department of Public Works for the Salem
Beverly Bridge Project .
( I have enclosed portions of the Notice which you may want
to review before the meeting. One hundred abuttors were
notified, so I thought being prepared might avert chaos. )
• 2 . Determination submitted by the Palmer Cove Yacht Club, 72
Leavitt Street for the demolition of two garages and the
resurfacing of the area for parking and boat storage.
3 . Old/New Business
4 . Approval of Minutes
\jm\concagen
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•
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SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
DAegular
THURSDAY, SEPTEMBER 26, 1991
meeting of the Salem Conservation Commission c•�as held
sday, September 26, 1991 at 7:00 P.M. in the second floor
nce room at One Salem Green. r'
Those present were: Chairman John Vallis, George Ahmed, Bob
Crowley, Abby Burns and Fred Harney. Also present were Juli
Riemenschneider, Environmental Planner and Eileen Sacco, Clerk.
Since John Vallis was a few minutes late, George Ahmed called
the meeting to order and stated that the Commissioners would
review the conditions for the Salem / Beverly Bridge before
they start the discussion.
Chairman Vallis arrived and called the meeting to order.
SALEM / BEVERLY BRIDGE - ORDER OF CONDITIONS
Fred Harney recused himself from discussiorijof this matter.
A .
The Commission reviewed the proposed conditions prepared for
• the project, in detail and made changes and additions where
they felt necessary. Juli Riemenschneider will have the revised
set of conditions retyped and mail them to the Commission before
the next meeting, so that the members can reviewed them, and
be ready to vote of the matter at the next meeting.
Motion made by Abby Burns to table the issuance of an Order
of Conditions for the Salem / Beverly Bridge until the next
meeting, seconded by George Ahmed and approved unaimously.
Mr. Joseph expressed concern that he would like to be able to
tell the Beverly Conservation Commission that Salem has approved
the project when he meets with the Commission on October 10,
which is the date of the next meeting of the Salem Conservation
Commission. John Vallis suggested that he could be first on
the agenda, and could show Beverly the conditions at their
meeting. Mr. Joseph agreed to write a letter extending the
21 days in which the Commission has to approve the project,
until the next held meeting of the Commission.
Motion made by Abby Burns to accept the letter authorizing the
extension by the applicant, seconded by George Ahmed and approved
unanimously.
•
1
PALMER COVE YACHT CLUB - DETERMINATION OF APPLICABILITY
• George Ahmed recused himself from discussion of this matter.
Fred Harney returned to the meeting at this time.
John Vallis reported that the Commission had a site visit to
the area. Fred Harney stated that he felt a negative
determination was in order with a condition that the property
be pitched so that runoff runs into the street, and also
suggested that the lynpac compacted.
There being no further discussion, a motion was made by Fred
Harney to issue a Negative Determination with the Condition
that the property be graded so that the runoff goes into the
street and the lynpac be compacted, seconded by Abby Burns ,
and approved unanimously.
CERTIFICATE OF COMPLIANCE - 1 PEABODY STREET
Juli Riemenschneider reported that a letter requesting approval
of a Certificate of Compliance for 1 Peabody Street, was received
from Gulf of Maine Research Inc. She noted that as built plans
were submitted, and suggested that she go look at it before
the Commission votes on the matter. She also questioned whether
the signature on the stamp was original or a stamp.
• OLD / NEW BUSINESS
Juli Riemenschneider reported that she had received a report
that the slope at Tedesco Pond Place was failing and that they
may be in at the next meeting to request emergency status.
She stated that she would take a look at it and see what is
going on. George Ahmed asked if the Commission had permission
to go on the property. Juli stated that she did not think it
would be a problem.
GTE GLASS LAND FILL CLOSURE
Juli Riemenschneider reported that the MEPA Meeting on the
project was held. She noted that the Planning Department was
represented by Bill Luster, Kathy Winn, and Juli. She also
noted that at a meeting held prior to the meeting, Gulf of Maine
Research Inc. , which was hired by the city to evaluate the
documentation provided by GTE, in was noted that there were
concerns that the borings done by GZA were not deep enough and
did not address any material that may have filtered through.
She also reported that there was no assessment done on the
effects of the beach or the danger to the kids who swim there.
Juli also stated that, at the MEPA meeting there was no mention
of removing the glass, and the only discussion was about a
• permeable cap or an impermeable cap.
2
Juli also noted that the Conservation Commission was the only
• authority in Salem that has anything to say about this project.
She also stated that GZA wants to come before the Commission
to update their progress.
MACKEY PROPERTY
Juli explained that the decision on the Mackey property had
finally been received by the Commission. She reviewed the
decision and it appears that they were fined $7,500.00 .
STORY STREET VIOLATIONS
John Vallis reported that he had not heard any more from Bob
Grant, concerning the law suit that the Commission wants to
file, but he will see about it before the next meeting.
There being no further business to come before the Commission
at this meeting, a motion was made by Abby Burns, to adjourn
the meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 9 :40 P.M.
RESPECTFULLY SUBMITTED BY:
• EILEEN M. SACCO, CLERK
cC092691
• 3
`.�%pN Cp��
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Commissi 1
IS. Salem. Massachusetts 01970
't,.issn���s
AGENDA
October 10, 1991
1. Salem-Beverly Bridge Project : Vote on the Order of
Conditions.
2 . Salem Hospital: Public hearing for anCAbbreviated Notice of
Intent . Proposal includes modification _ isti detention
basin.
3 . GTE Glass Landfill: Update by Hugh Mulligan of Gulf of Maine.
• 4. Salem Business Park, Fafard Companies: Extension Permit for
Order of Conditions #64-152, Swampscott Road.
5 . New Business :
New England Pgwer Site at ollins Cove: Proposal will include
test wells Od test pits('6)A' WAWJChp' lo-t5'JCy ah �<ca e-E
6 . Tedesco Pond: Site Visit.
7 . Old Business:
Lane Chase, Highl4nd Avenue, letter from Health Department .
8 . Approval of Minutes?"
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• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER 10 , 1991
A regular meeting of the Salem Conservaton Commission was held
on Thursday, October 10, 1991 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Abby Burns, Betsy r
Horne, Richard Femino, Fred Harney, George Ahmed, and Bob
Crowley. Also present were; Juli Riemenschneider, and Eileen
Sacco, Clerk.
SALEM - BEVERLY BRIDGE PROJECT - ISSUANCE OF ORDER OF CONDITIONS
Fred Harney recused himself from discussion of this matter.
The Commission reviewed the final draft of the Order of
Conditions for the Salem Beverly Bridge project prior to the
meeting since there was a lengthy discussion at the last meeting
concerning them. There being no further questions or comments
concerning them, a motion was made by Abby Burns, to issue an
Order of Conditions for the Salem Beverly Bridge project,
seconded by Bob Crowley, and approved unanimously.
• SALEM HOSPITAL - ABBREVIATED NOTICE OF INTENT
Representatives of Salem Hospital were present at the meeting
with a proposal to modify the existing detention basin. The
presented plans and added that the proposed work would also
add aesthetically to the area as well.
George Ahmed expressed concern that the trees should be replaced.
He also stated that he felt that the catch basins should be
maintained, and that no grease or oil should leak, into the basin.
John Vallis suggested that no grass clipping should be dumped
into the detention basin.
There being no further questions or comments a motion was made
by Bob Crowley to continue the Public Hearing, seconded by George
Ahmed and approved unanimously. The Commission will issue an
Order of Conditions at the next meeting on October 24, 1991 .
GTE GLASS LAND FILL DISCUSSION
Dr. Hugh Mulligan was present at the meeting to the discuss
the status of the GTE Glass Land Fill proposal . He noted that
the MEPA meeting was held and that he was not satisfied that
the information presented was adequate. He also noted that
• there was no discussion of the possibility of removing any of
the fill, only the proposed capping with either a permeable
or impermeable cap was discussed. Dr. Mulligan also noted that
• there will be a meeting on Wednesday, October 16, 1991 at 7:00
p.m. in the Council Chambers on the proposal.
SALEM BUSINESS PARK - FAFARD COMPANIES - EXTENSION OF PERMIT
A representative of Fafard Companies was present at the meeting
to request an extension of one year for the order of conditions
r64-152 . He noted that they hope to proceed with their plans
with in that time. There being no further questions or comments
from those present a motion was made by George Ahmed to grant
a one year extension for Order of Conditions 064-152, seconded
by Bob Crowley and approved unanimously.
NOTICE OF INTENT - NEW ENGLAND POWER SERVICE - COLLINS COVE
David Therrien of New England Power Service was present at the
meeting to discuss their plans to install monitoring wells and
test pits at their site adjacent to Collins Cove. He noted
that the test pits would be open for 2-3 hours for a limited
site assessment.
John Vallis asked how deep the test borings would be. Mr.
Therrien replied that they would be 24" - 18 ' and would be 10-
15" deep. fie also estimated that the work would take 2 or 3
days.
• George Ahmed expressed his concern that the top soil that is
removed should be removed and kept separate from the rest of
the excavated materials so that it can be placed at the surface
of the pit when it is replaced.
John Vallis noted that construction vehicles should be removed
from the resource area after completion of the work, and that
no oil changes or repairs should be done to the equipment in
the area.
George Ahmed also expressed concern that the test pits should
not be left unattended for any reason, noting that there are
children in the area who might be tempted to investigate them.
There being no further questions or comments at this time, a
motion was made by Bob Crowley to continue the public hearing,
seconded by George Ahmed and approved unanimously.
An order of Conditions will be issued at the next meeting on
October 24 , 1991 .
TEDESCO POND
John Vallis reported that he visited the Tedesco Pond site and
did find that the bank is failing, however he did not feel that
• it was an emergency. He suggested that they be notified that
they should file with the Commission according to normal
procedures.
• OLD BUSINESS
Juli Riemenschneider reported that she has received a copy of
a letter from the Board of Health concerning property on Highland
Avenue owned by Laine Chase. She said that she would go out
to the site and see what is going on.
John Vallis reported that he has not yet obtained a date for
a hearing on the Story Street violations regarding Steve Lovely
and Joseph Raby. He also stated that he would get a date soon.
John Vallis announced to the Commission that he is resigning
from the Commission due to the fact that he is moving out of
Salem to Groveland. He noted that his last meeting would be
November 14, 1991 .
APPROVAL OF MINUTES
The minutes of the meeting of September 26, 1991 were presented
for approval. Motion made by Abby burns to approve the minutes
of the meeting of September 26, 1991 , 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 Abby Burns to adjourn
• the meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 8:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC101091
•
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an C:omm�ss�c f� �l
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Salem. Massachusetts 111970
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AGENDA
NOVEMBER 14, 1991
MCI 690w-L'
tyro I tg' k w( �c'" A
1 . Requesttor Determination: Elizabeth Maurais, 13 Beach Street
f'or of a seawall destroyed during the Oct . 30th
storm. UU N( Le CO�tefct�
2 . Amendment of the Order of Conditions : One ,Peabo y, Street fo
repavement of the lot. �OVI.( (( yLt� Tr
3. Possible Violations: Kimball Road/Bertini Lane, etreault Hot
Top, presented by .Michael Smerczynski .
4. Violations: Q� (13Acu'-I Q0c
• David Cohen, Highland Avenue, letter .
Macki Property, Leggs Hill Road.
Clark Avenue, Nicholas Fiore.
Parallel Street, Construction of Fence.
II eeach 15rreef' U)ntl rcpacn.
6 . Appointment of new chairperson.
' 1 r
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jm\juli\agendall
• SALEM? CONSE_nVATION COMMISSION
"INUTES OF MEETING
`HU^SDAY, NOVUMnE? 14 , 1991
A regular meeting, of the Salem Conservation Commission was held
on Thursday, November 14, 1991 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, Fred Harney, Abby Burns , and .Bob Crowley. Also present
were Juli P.iemenschneider, Environmental Planner, and Eileen
Sacco, Clerk.
REQUEST FOP, DET......^,MInATION - 13 BEACH AVEMUR- ELIZABETH MAUnAIS
Jim McDowell of Eastern Land Survey Associates was present at
the meeting to present and discuss plans to reconstruct a sea
wall destroyed during the October 30, 1991 storm at 13 Reach
Avenue. Mr. McDowell also noted that Mrs. Maurais, the owner
of the property is also his Mother-in-Law.
Mr. McDowell presented plans for the sea wall and noted that
the previous wall was stone masonry and the new wall will be
constructed of reinforced concrete. He also noted that they
will drill into the ledge and pin it with reinforced steel .
• Mr. McDowell also noted that the wall will be 2 or 3 feet above
the mean high water mark.
John Vallis asked if the remaining debris will he broken up.
Mr. McDowell replied that the sea wall is gone.
George Ahmed asked how far the rods would he drilled into the
ledge to secure the wall . Mr. McDowell stated that they would
use epoxy grout and push the robs in 12 inches on center. Mr.
Ahmed also asked if there would be weep holes and Mr. McDowell
replied yes.
John Vallis asked those in attendance if anyone wished to comment
on the project. There were no comments from those in attendance.
Motion made by Abby Burns for a negative determination with
conditions, seconded by Fred Harney and approved unanimously.
The conditions are as follows:
1 . All work shall conform to the plans submitted.
7.. The name and phone number of the person in charge of the
project shall be provided to the Commission.
3 . Looming and seeding shall be done in the spring and no
• fertilizers that would be harmful to the resource area shall
be used.
1
• A` ENI)MrPIT 017 O^T= 07 CONDITIONS 1 PrABODY S^:?_^.;.T-nr.nAV,:.."7P'NT
OF PA"NING LOT.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission and presented revised plans for the Davina of the
lot at 1 Peabody Street. 'le noted that the revision includes
additional paving of city owned lana that has ween approved
by the .City Engineer with the following conditions:
1 . Approval of the Conservation Commission.
2 . That the pavement be 3 inches thick.
3 . That the City of Salem shall be held harmless .
4 . The owners will be responsible for damages to City property.
Abby Burns questioned whether or not the area could be landscaped
rather than navel. Dr. Mulligan stated that there is no
landscaping in the area .
George Ahmed asked what the future use of the property would
I
e. Dr. Mulligan stated that there is an office building nearby
but he did not know what the intended use is, at this time.
He noted that the ban's felt that the property would be more
• marketable with the additional land.
Fred Marney noted that he was concerned about the use of mulch
along the wall . Dr. Mulligan suggested that the use of mulch
could be conditioned.
Abby Burns suggested that the Commission visit the site before
malting a decision.
,john Vallis asked Dr. Mulligan when they wanted to do the work.
Dr. P4ulligan replied that the work would be done next spring,
so there is no hurry at this time.
John Vallis stated that before the Commission amends the Order
of Conditions, there should he a letter on file from the City
Solicitor regarding the use and alteration of the land since
the City owns the property. He suggested that the Commission
continue the matter until the next meeting, and the members
would have time to familiarize themselves with the area.
There was no formal site visit scheduled.
KIMBALL ROAD/BERTINI LANE - POSSIBLE VIOLATION
Attorney Michael Smerzynski representing Mr. & Mrs . Pelletier,
and Mrs. Ellis addressed the Commission and stated that the
• Commission had issued an Order of Conditions for work to be
done on the property in question which required looming and
2
• seeding. He noted that his clients have noticed vehicles narked
on the area that was to be loomed and seeded and the work had
not been completed. He also showed photographs of the area
which showed that the area had been paved at various times with
dates noted on them, since the order was issued. IIe noted that
this material is not consistent with the resource area.
John Vallis reviewed the history of the area and the orders
issued by the Commission. He noted that the second time an
order of conditions was issued, the neighbors appealed the
decision and a superseding order of conditions is still pending.
Dr. Mulligan Who was still present at the meeting looked at
the plan and noted that the area in question might be outside
of the wetland, and if so it is not the jurisdiction of the
Conservation Commission, and if they are in the wetland they
should file.
John Vallis stated that it needs to be determined if the wort:
was done in the buffer zone . Ile suggested that the Commission
issue a cease and desist order until it can he determined where
the work is taking place. he also suggested that the Commission
have a site visit to see what is going on.
Abby Burns and Betsy Horne agreed that a site visit should he
• made. It was decided that the Commission would meet in the
parking lot at Bertini ' s at 3:00 A.M. on Saturday, November
16 , 1991 .
VIOLATIONS
1 . David Cohen - highland Avenue - Juli stated that she drafted
a letter noting that the area is still a mess and that the
fence that was supposed to be put up has not been done .
She noted that he was given 95 days to do the work and that
was up June 13 , 1991 . She noted that when she was out there
it looked as if it might have been cleaned up a little,
but there was still a lot of debris there. She will send
the letter to Mr. Cohen.
2. Mackey Property - Leggs hill Road - Juli noted that she
had received a call regarding the property and she went
out and took some pictures . She noted that it looked as
though there was some work, being done next to the pond.
It was decided to send a cease and desist order to Mr.
Mackey and see what they are doing.
3 . Clark Avenue - Nicholas Fiore - John Vallis recused himself
from discussion of this matter. Juli reported that Paul
Claveau reported that Mr. Fiore is grading his property
right up to the wall. A cease and desist order will be
• issued.
3
• Motion made by Bob Crowley to issue a cease and desist order
to Hicholas Fiore, seconded by Abby Burns and approved
unanimously.
� . Parallel Street - Construction of Fence - Juli reported
that a neighbor reported that someone is building a fence
that could possibly be a violation. Juli will check on
it and report at the next meeting, or have the owner come
to the meeting.
5 . 11 Beach Avenue - Wall repair - Juli reported that the owner
had contacted her concerning the repairs and that she had
given him a copy of the procedure from DEP for the repair
of damages from the October 30 , 1991 storm, and that all
he had to do was give the Commission a written notice of
his intent to repair the wall. She noted that she had not
heard from him since and did not know if he had done any
work.
APPOINTMENT OF A ;2EW CHAIRPERSON
George Ahmed addressed the Commission and stated that he felt
that the term of the Chairman should be limited to 1 or 2 years
maximum. He also stated that he would like to see a
co-chairerson.
• Abby Burns disagreed stating that she felt that it takes about
a year for a person to be comfortable running the meetings since
there is a lot to learn. She also noted that she felt that
a Chairman knows when to step down.
There being no further discussion at this time, nominations
for Chair person were opened:
Abby Burns nominated Betsy Horne. Bob Crowley seconded the
nomination.
George Ahmed nominated Fred Harney. Fred Harney declined the
nomination.
The members decided to table the election of a Chair person
until the next meeting of the Commission, which is December
12 , 1991 .
The Commission decided to have the next meeting on December
12, 1991 at 5:00 P.M. rather than 7:00 , and Abby Burns will
have Christmas/Going Away Party for John Vallis.
•
4
• There being no further business to come before the Commission
at this time, a motion was made by Abby Burns to adjourn the
meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 8: 45 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC111491
•
•
5
Conservatim Commissim
y
Salem. Massachusetts 01970
��. . !A/dtiS�i
DECEMBER 12, 1991
MEETING
C23 .
P ssible Violation: Tetreault Hot Top, Canal Street , paving
• n the buffer zone.
Request for Determination: Andrew Coady, lA Parallel Street
for fence construction.
Possible Violation: Macki property, Legs Hill Road.
4 . Request for Certificate of Compliance: Salem Hospital Parking
Lot "K" , Frank Neville.
5 . Possible Violation: Nicholas Fiore, wall construction and
grading adjacent to a wetland. Enforcement Order issued
• November 14 , 1991 .
6. Old/New Business:
Letters regarding 262 Highland Avenue.
Letter from Martin McNulty, regarding Janet Mulvihill ' s
property on Wyman Road.
Letter to Mr . Feno of 11 Beach Avenue, failure to notify
Commission of wall reconstruction.
GTE will be sending a document . Also, the GTE is being
required to submitt a Public Involvement Plan which will
require public hearings.
Update on the Story Street Violation.
National Park Service will be coming in for a Notice of
Intent, the first meeting in January.
Audubon Newsletter article on Forest River monitoring.
7 . Appointment of a new chairperson.
•
• Salem Conservation Commission
Minutes of Meeting
Thursday, December 12, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 12, 1991 at 5 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Abby nurns, Betsy Horne, Fred Barney,
Richard Femino, Bob Crowley and John Vallis. Also present were
Juli Riemenschneider, and Eileen Sacco, Clerk.
In the absence of Chairman John Vallis who was detained and
arrived late, Richard Femino assumed the Chair and called the
meeting to order.
POSSIBLE VIOLATION - TB^_PEAULT MOT TOP - CANAL STREET - PAVING
IN THE BUFFER ZONE.
Attorney Michael Smerzynski addressed the Commission on behalf
of his clients Mr. & Mrs. Pelletier and Mr. & Mrs . Ellis . fie
reviewed the events that have taken place on the property and
showed the Commission photographs of paving taking place at
various times. He noted that since the last meeting of the
Commission, the Commission had been to the property for a site
• visit.
Fred Harney noted that he felt that the work was definitely
taking place in the buffer zone.
John Vallis noted that it was possible that there was no viable
order of conditions in effect because the last one was issued
in March of 1988 and may have expired in March of 1991 .
Richard Femino noted that no work should be going on at this
property since there is an appeal pending at DEP.
Betsy Horne suggested that the Commission issue a cease and
desist order, and have Mr. Bertini, the owner of the property
come in and meet with the Commission.
John Vallis agreed noting that the Attorneys and their clients
try to get together and discuss the matter. He noted that he
wants the Commission to take action on the matter, however it
has to be within the jurisdiction of the Commission and if there
is an appeal pending, the Commission cannot act on the matter.
Attorney Smerzynski noted that the Pelletiers only want to see
that the work is performed in a timely manner and as it was
supposed to be done.
• Motion made by Richard Femino to issue a cease and desist order,
1
• with a cover letter inviting them to come to the next meeting
to meet with the Commission on the matter. The letter will
also inform then that no wort: should be performed unless
authorized.
REQUEST FOR DETERMINATION - 1A PARALLEL STREET - ANDREW COADY
Andrew Coady addressed the Commission with his plans for the
construction of a fence on his property. He noted that the
property was survey by Carter and Towers but that he has not
received the report yet. He also noted that he is building
the fence himself, with pressure treated lumber, and that he
is doing the work, outside of the buffer zone.
John Vallis noted that the applicant submitted a plan which
was a aortion of a topographical plan of land dated 11 /11 /87,
which was prepared by Atlantic Engineering & Surveying
Consultants, upon which plan Mr. Coady has identified the
location of the fence in blue pen lines with in the propel
lines on the plan. He also noted that when Mr. Coady receive
the plan by=Carter andd Por7ers;aheshould_sub'mititsto_the=
'cCorami-ssion, and'the_CommYssoh couldiaccept�thatlpIan as a -
`subs.trtute based on the Carter and towers determination.
Motion made by Fred Harney for a negative determination with
• conditions, seconded by Abby Burns and approved unanimously.
The conditions are as follows:
1 . No work that results in saw dust or wood particles should
be performed in the buffer zone.
2 . No paint or preservatives shall be applied to the fence
without prior approval of the Commission.
3. The work shall be done as proposed.
POSSIBLE VIOLATION - MACKEY PROPERTY
Juli noted that the Commission had a site visit to the property
and that it appears that there is work being done out there.
She also noted that she had spoken to Mr. Mackey and told him
to bring proof to the Commission that he is doing the work
outside of the buffer zone. It was suggested to invite Mr.
Mackey to the next meeting to discuss the matter.
SALEM HOSPITAL - CERTIFICATE_OF COMPLIANCE,..---PARKING-LOT-'K"
Juli reported that she had received a request for a Certificate
of Compliance from Salem Hospital for Parking Lot "W', but that
it should be looked at before the Certificate is granted. She
noted that they had submitted a letter from a registered engineer
• and that it was stamped. She will visit=the sfte and.p=t-7
2
• [hac)-to the COmmisslOn
POSSIBLE VIOLATION - NICHOLAS FIORE - CONSTRUCTION OF WALL
Juli reported that an enforcement order was sent to Mr. Fiore
regarding the possible violation and that it was sent registered
mail, and was picked up at the post office. She also noted that
he has not contacted the Commission since he received the order,
and that he was given until December 5, 1991 to do so.
John Vallis suggested that he come to the next meeting to discuss
the situation.
OLD / NEW BUSINESS
262 Highland Avenue - Juli reported that she received a letter
from Mr. Cohens Attorney, stating that's r:_Cohe hnas evicted
the tenant that was leasing the property and he theref� ore�fe t
Lth-at the fence_%.7as_no-longer necessa=_y_ Juli stated that she
hadYbee un p there and it look like it might have been cleaned
up a little. Betsy Horne suggested that they clean up what
remains on the property and the Commission have a site visit
to determine the necessity of a fence.
Wyman Road - Juli reported that she received a letter frro�y.
• Martin McNulty regarding the status of the survey the_city wash
goingstotdo to determine the location of the wetland that is
there. Juli stated that she has attempted to have the city
do this, but they have not had a chance to do so yet.
11 Beach Avenue - fJul`i Er p d_a_le_tter-to-send=to=P7r—Fenneh
regarding his failure to notify the Commissionon hisplans
to repair his wall damaged by the October 30, 1991 storm. She
noted that she gave him the instructions issued by DEP concerning
the storm and he has not replied.
GTE Property - Juli reported that GTE will be submitting an
Environmental Impact Report, and that they have been required
to submit a Public Improvement Plan which will require public
hearings.
Story Street - John Vallis reported that he has not filed the
suit with the District Court, but will prepare the documents
for the next Chairman to file.
National Park Service - Juli reported that the NPS will be in
at the next meeting for a Notice of Intent, concerning repairs
to the wharfs.
APPOINTMENT OF A NEW CHAIRPERSON
• John Vallis addressed the Commission and thanked them for their
support during the last two years. He also noted that he felt
3
that the Salem Conservation Commission was one of the finest
in- the area.
Nominations for the office of Chairperson were tabled from the
meeting of November 14 , 1991 . At that meeting Abby Burns
nominated Betsy Horne which was seconded by Bob Crowley, and
George Ahmed nominated Fred Harney who declined the nomination.
There being no further nominations being offered, a motion was
made by Abby Burns to close the nominations, seconded by Fred
Harney and approved unanimously, and a vote was taken:
Abby Burns moved to elect Betsy Horne, Chairperson of the Salem
Conservation Commission, seconded by Fred Harney and approved
unanimously, by those present at the meeting.
George Ahmed was not present at the meeting.
Betsy Horne addressed the Commission and expressed her thank
to the members for electing her chairperson.
There being no further business to come before the Commission
at this time a motion was made by Abby Burns to adjourn the
meeting, seconded by Richard Femino and approved unanimously.
The meeting was adjourned at 7:00 P.M.
•
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC121291
•
4
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JANUARY 10, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, January 10, 1991 at 7:00 P. M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, Betsy Horne, Abby Burns,
Richard Femino, Bob Crowley and Fred Harney. Also present were
Environmental Planner Julie Riemenschneider 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
Fred Harney recused himself from discussion of this matter.
John Vallis noted that some of the members had taken a site
visit to the Sunburst Fruit Juice Plant and he felt that the
area is well protected and there would be no harm to the
wetlands from the proposal .
• Betsy Horne noted that they had agreed to try and replant a
tree that may need to be moved for the construction.
There being no further questions or comments from those present
a motion was made by Bob Crowley for a negative determination,
seconded by Abby Burns and approved unanimously.
NOTICE OF INTENT - PICKERING WHARF SEA WALL
Fred Harney returned to the meeting at this time.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission and stated that the sod and the grass area adjacent
to the Topsides Restaurant had been removed as allowed by the
Emergency status that the Commission granted, and in addition
the repairs to the 64 ft. section of sea wall had begun. He
also asked the Commission to issue an Order of Conditions for
the remainder of the project which is to repair the remaining
sea wall.
Phil Pelletier of North Shore Marine Inc. addressed the
Commission and reviewed the proposal. He explained that when
the wall was built it was not made to withstand the type of
construction such as Pickering Wharf.
Richard Femino asked if the soil removed would be tested. Hugh
Mulligan stated that it would be and that there is a chance
1
• that there are excessive amounts of petroleum in there. He
also explained that it will be stock piled and protected until
they received a- manifest from the state DEP to remove it.
John Vallis requested that anything uncovered during testing
should be reported to the Commission. Phil Pelletier agreed
to that and noted that every 100 yards of soil needs to be
tested.
Betsy Horne asked what the time frame would be for the testing.
Phil Pelletier •stated that he should have a quantity for testing
in a couple of days and someone from Gulf of Maine will test
it.
Phil Pelletier also explained that there would be weep holes
in the wall and the joints will be open and water will be allowed
in. He also explained that there would be no danger of the
wall falling once the steel is driven.
John Vallis asked if they would allow the Planning Department
Clerk of the Works, Will Beaulieu to inspect the site
occasionally since he is an expert in under water foundations.
Mr. Pelletier stated that would not be a problem and also noted
that the Pickering Wharf Trustees also have a person who will
be inspecting.
• There being no further questions or comments from the Commission,
a motion was made by Richard Femino to grant emergency status
for work to be done in accordance with the representations made
and plans submitted, as stated in paragraph 1 of page 4 , in
Gulf of Maine Research .Inc. report, seconded by Abby Burns and
approved unanimously.
The Commission discussed issuing an Order of Conditions for
the remainder of the project, which is to repair the remainder
of the sea wall .
Mr. Pelletier noted that boat traffic had caused the wall to
erode and is basically needs to be shored up. He explained
the plans and procedures for the rest of the wall .
John Vallis asked if any aquatic life would be effected from
the work. Hugh Mulligan noted that this is smelt fishing season
and many people fish off the Congress Street Bridge. He also
noted that the wall will be pressure washed, and barnacles will
be affected for a while, but they should come back quickly.
He further noted that he did not foresee any long term effect
on aquatic life.
Dr. Mulligan -also noted that they will be going back to the
Planning Board on January 17, 1991 to address some concerns
• that they had, but he expected that they would grant approval
at that time. He also noted that they do not need a Chapter
2
• 91 permit and they are still waiting to hear from the Army Corp.
of Engineers.
There being no further questions or comments from the Commission,
a motion was made by Betsy Horne to close the Public Hearing,
seconded by Abby Burns and approved unanimously.
Fred Harney noted that the project sounds good to him, and
stressed that it needs to be done.
Motion made by Fred Harney to issue an Order of Conditions
subject to other Special Conditions, to be issued at the next
meeting, seconded by Betsy Horne and approved unanimously.
OLD/NEW BUSINESS
Julie Reimenschneider informed the Commission that the file
on the Story Street violations had been referred to Lenny Femino
for review. She also noted that a copy of the letter had been
sent to the parties involved, DEP, and the Army Corp. John
Vallis will check on the status of the matter and report at
the next meeting.
Julie also showed the Commission photographs of the area that
Salem State used for a utility entrance, showing that it has
been blocked off.
• Julie also gave the Commission a copy of the decision from DEP
denying Michael Harringtons appeal for the Construction of Condos
on Howley Street.
APPROVAL OF MINUTES
The minutes of the meeting of December 13, 1990 were presented
for approval . Motion made by Betsy Horne to approve the minutes
of the meeting of December 13, as amended, seconded by Bob
Crowley and approved unanimously.
The minutes of the meeting of November 29 , 1990 were also
presented for approval . Motion made by Betsy Horne to approve
the minutes of the meeting of November 29, 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 Abby Burns to adjourn
the meeting, seconded by Betsy Horne and approved unanimously.
The meeting was adjourned at 8:30 P.M.
RES ECTFU LY SUB TTED BY;
, I
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JANUARY 24, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, January 24 , 1991 , at 7:00 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairman John Vallis, George Ahmed, Bob Crowley,
Fred Harney, and Abby Burns . Also present were Julie
Reimenschneider, Environmental Planner and Eileen Sacco, Clerk.
The meeting was called to order at 7:00 P.M. by the Chairman,
John Vallis .
ORDER OF CONDITIONS - PICKERING WHARF SEA WALL
Julie Reimenschneider reviewed the proposed conditions for the
Pickering Wharf Sea Wall project.
George Ahmed expressed concern about the soil being stock piled
in the area. Dr. Mulligan informed him that the soil would
be covered and will not' be accessible to the public. He also
noted that it would be removed as soon as the state approved
the removal.
• George Ahmed requested that condition #1 include the name of
the contractor and that emergency contacts and telephone numbers
be given to the planning department.
There being no further questions or comments from those in
attendance, a motion was made by Abby Burns to adopt the Special
Conditions as amended for the Pickering Wharf Sea Wall, seconded
by Bob Crowley and approved unanimously.
OLD/NEW BUSINESS
EXTENSION - ORDER OF CONDITIONS - FAFARD
Jim McLoughlin of the Fafard Corp. addressed the Commission
and requested a one year extension of the order of conditions
issued on January 14 , 1988, and noted that the project was not
started due to the fact that Rich' s, the proposed tenants at
the time had decided not to go forward with their plans for
that location. He stated that they are hoping to find another
tenant and proceed with the project.
George Ahmed stated that he felt that the request was reasonable
and noted that if in the event the project does not commence
within the year the commission could issue new conditions in
• accordance with regulations at that time.
1
Motion made by George Ahmed to grant an extension of the Order .
of Conditions for the Fafard Corp. issued on January 14, 1988,
and to ratify and confirm that Order of Conditions , seconded
by Abby Burns and approved unanimously.
Julie Reimenschneider also informed the Commission that Atty.
John Keilty, representing Steve Lovely has filed for an
Abbreviated Notice of Intent and will be on the agenda at the
next meeting.
38 SWAMPSCOTT ROAD - CERTIFICATE OF COMPLIANCE
Julie Reimenschneider presented a letter from Rizzo Associates
that they had performed a site inspection of the premises and
found it to have been built in accordance with the plans
submitted.
John Vallis noted that the letter was not stamped by a register
engineer and that they should do so before the certificate is
issued.
Julie Reimenschneider gave the Commission members copies of
a letter outlining the amendments to the Wetlands Protection
Act, which give the Commission more authority. John Vallis
suggested that the Commission should adopt the provisions of
• the amendments formally and incorporate them in the Commissions
by-laws .
Julie Reimenschneider informed the Commission that unauthorized
fill was placed on Clark Road. It was suggested that the
Commission make a site visit to the property, to determine how
far out of the area outlined in the Order of Conditions issued
for the project. The Commission will meet at the site at 9:30
A.M. on Wednesday January 30, 1991 .
APPROVAL OF MINUTES
The minutes of the meeting of January 10, 1991 were presented
for approval . ' Motion made by Abby Burns to approve the minutes
of the meeting of January 10, 1991 , seconded by Bob Crowley
and approved unanimously.
There being no further matters to come before the Commission
at this meeting, a motion was made by Fred Harney to adjourn
the meeting, seconded by Abby Burns and approved unanimously.
The meeting was adjourned at 8:00 P.M.
RESPECTFULLY SUBMITTED BY;
• EILEEN M. SACCO, CLERK
CC012491
2
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 14, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 14, 1991 , in the second floor conference
room at One Salem Green.
Those present were: George Ahmed, Abby Burns, Bob Crowley,
Richard Femino, and Betsy Horne. Also present were Juli
Reimenschneider, Environmental Planner, City Planner William
Luster, and Eileen Sacco, Clerk.
In the absence of Chairman John Vallis, Richard Femino served
as Acting Chairman.
Assistant City Solicitor Leonard Femino was present at the
meeting to discuss pending legal issues with the Commission.
A motion was made by George Ahmed to adjourn to Executive Session
to discuss the legal issues with Atty. Femino and reconvene
to open session to take up all further agenda items, seconded
by Abby Burns and approved unanimously.
Following the Executive Session the Commission reconvened to
• Open Session.
PUBLIC HEARING - SALEM ROTARY CLUB - DETERMINATION OF
APPLICABILITY FOR THE PLACEMENT OF OSPREY POLES
Dr. Hugh Mulligan addressed the Commission on behalf of the
Salem Rotary Club as a member to request a determination of
applicability for the placement of Osprey Poles at three
waterfront locations: Pierce Road, Pigs Island, and 24 Fort
Avenue. Dr. Mulligan explained where each of the locations
will be and noted that in 1970 there were 11 pairs of Osprey
in Massachusetts and they were listed on the Endangered Species
List for Massachusetts. He stated that there are now 200 pairs
of them in Massachusetts, due to a program the state Fish and
Wildlife has called Osprey Recovery Program. He noted that
they migrate to Mass. in March, April, May, and September and
October.
Betsy Horne asked who determined the locations for the poles.
Dr. Mulligan stated that the State Fish and Wildlife had been
down and looked at various locations and felt that these were
the best, since they would be undisturbed and people could still
see them.
George Ahmed asked how tall the poles would be. Dr. Mulligan
stated that they would be 15-18 feet tall. He also noted that
• New England Power would give them the pole for the. Fort Ave.
Location and the others would be provided by the State Fish
1
• and Wildlife. He also stated that they want to get the schools
involved and the Eagle Boy Scouts are participating.
Betsy Horne asked if they required any maintenance. Dr. Mulligan
stated that they require little maintenance. He referred to
the poles that they have in Ipswich and stated that they are
about three years old and they are just starting to see some
activity. He noted that it would take a while to see some
activity in Salem.
There being no further questions or comments from those present
a motion was made by George Ahmed to close the public hearing,
seconded by Bob Crowley and approved unanimously.
Motion made by Abby Burns for a Negative Determination, seconded
by Betsy Horne and approved unanimously.
OLD/NEW BUSINESS
CERTIFICATE OF COMPLIANCE - 38 SWAMPSCOTT ROAD
Juli Reimenschneider informed the Commission that she has
received the letter from Rizzo Associates back with the stamp
of a certified engineer as requested by the Commission.
Motion made by Bob Crowley to approve the Certificate of
• Compliance for 38 Swampscott Road, seconded by George Ahmed
and approved unanimously.
SALEM STATE COLLEGE
Juli Reimenschneider informed the Commission that the State
DEP has issued a Certificate of Compliance to Salem State
College.
ALLIED REALTY TRUST
Juli Reimenschneider informed the Commission that they have
been notified by the Executive Office of Environmental Affairs
that proposed work lies under the jurisdiction of the Public
Waterfront Act and that they need to file additional applications
with them. This does not need to come before the Commission
but they were notifying them.
APPROVAL OF MINUTES
The minutes of the meeting of January 24 , 1991 were presented
for approval. Motion made by Bob Crowley to approve the minutes
of the meeting of January 24, 1991 , seconded by Abby Burns and
approved unanimously.
• 2
There being no further business to come before the Commission
at this meeting, a motion was made George Ahmed to adjourn the
meeting, seconded by Abby Burns and approved unanimously.
The meeting was adjourned at 8: 35 P.M.
RESPECTFULLY SUBMITTED BY:
E37LEEN M. SACCO, CLERK APPROVED 3/14/91
CCO21491
•
• 3
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 28, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 28, 1991 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, Abby
Burns, Bob Crowley, Richard Femino, Betsy Horne, and Fred Harney.
Also present were Kathy Winn and Eileen Sacco, Clerk.
NEW ENGLAND POWER COMPANY INFORMAL DISCUSSION
Mr. David Therrien of the New England Power Company was present
at the meeting to have an informal discussion with the Commission
regarding how they should proceed with plans to reconduct two
transmitter lines that go through Salem, Peabody, and Danvers.
He showed the Commission maps of the area and described the
work that they intend to do. He noted that they will be doing
foundation work on one structure at the edge of the water.
The area of the proposed work is off of Liberty Hill Avenue
near Kernwood Park as noted on the map. He also note that the
voltage would remain the same at 115,000 volts. He also detailed
• that they would place staked hay bails and geotechnical fabric
if the soil is unable to maintain the hay bails.
Mr. Therrien asked the Commission if they would require them
to file a Notice of Intent or if they could file for a Request
for Determination. John Vallis asked what the diameter of the
existing pins were and what they would be increased to. Mr.
Therrien stated that they would be doubling the radius of the
pins.
Betsy Horne asked to have the location of the area clarified.
Mr. Therrien stated that it is about 50 ft. from the water and
it drops fast. He also noted that they would be protecting
the water side so as to restrict disturbance from the work.
Abby Burns asked if the area is below tide. Mr. Therrien stated
that the area is above tide, and is 15 ft. above mean high water.
George Ahmed asked to see additional plans that would show the
location better. Mr. Therrien showed a line sheet that they
use to show structures and locations to scale. Mr. Ahmed also
asked that they provide photographs of the area to show the
Commission.
Richard Femino asked if they had any fences around the area
to safeguard against accidents, and noted that there is a picnic
. area that is used in the area. Mr. Therrien noted that they
did not have any. Mr. Femino asked if they would be agreeable
to having this as a condition of the plans. Mr. Therrien stated
1
• that he would check on that with his company, but noted that
they have not had a problem in the area. He also noted that
the ladder rungs have been removed from the bottom.
John Vallis stated that he had reservations about handling this
as a Request for Determination since part of the plan calls
for work on an access road, that is in the water. Mr. Therrien
noted that technically the work does not require approval because
under the law it falls under repair, but stated that they
included it anyway since they had to file. He stated that they
would probably put 6 inches of crushed stone on there but that
would not be removed.
Mr. Therrien stated that he would ask the company if they would
do the access road at a later date. He noted that he was at
this meeting to determine what approach to take when applying
to the Commission, either a Request for Determination or a Notice
of Intent. He also noted that they would like to get the work
done while they have crews in the area and if the Commission
granted a Negative Determination they could start as early as
April, whereas if they file for a Notice of Intent there is
an appeal period and they would not be able to start until later.
Richard Femino asked about the possibility of a fence around
• the area to prevent accidents. Abby Burns noted that she felt
that the fence would be a climbing attraction, and since there
have been no accidents or problems it might not be necessary.
Mr. Therrien stated that they will probably be ready to file
by March 28, 1991 . He noted that he will see about landscaping
and check to see if the area needs to be enclosed for protection.
VAN WATERS AND ROGERS -- HAMBLET AND HAYES
A representative of Van Waters and Rogers addressed the
Commission for an informational session to find out how they
should proceed to file for work that they are doing for their
client Hamblet and Hayes. He noted that the location of the
work to be done is near the Mill Pond and that they would be
collecting samples and testing them for a site investigation
that had been ordered by DEP. He also stated that they will
have a rotary drilling rig within the buffer zone. He also
noted that they will be investigating two wells and the surface
water stacks to gauge tidal elevations, to get an idea of the
relation of ground water to surface water.
John Vallis asked how long they would monitor the wells. The
representative replied that the construction of the wells would
be permanent and that the abandonment procedures of the state
would have to be followed to decommission them.
• George Ahmed stated that he would like to see what vegetation
is along the buffer zone, as well as a delineation of the
2
pavement. He also suggested that photographs of the area would
be helpful to the Commission as well.
John Vallis suggested that a Request for Determination would
be in order for this matter. The representative stated that
he would probably be ready to file by March 28, 1991 .
OLD / NEW BUSINESS
John Vallis recused himself from discussion of this matter,
and Richard Femino served as Acting Chairman for this discussion.
Kathy Winn informed the Commission that Mr. Colpitts had sent
a letter to the Commission requesting that he be allowed to
appear at the next meeting since his legal counsel was unable
to attend this meeting. The Commission agreed that he should
be allowed to come before them at the next meeting.
Mr. Orlando and Mr. Ryan were present at the meeting and they
expressed there concerns that the property that there children
intend to buy would be is affected by the dumping that has taken
place in the area. Richard Femino informed them that the
Commission did not know the status of that and that they would
need to see some maps and the locations of the fill. He
suggested that they come to the next meeting when .the matter
• will be discussed and their questions could be addressed at
that time.
Betsy Horne reminded the Commission that summer is fast
approaching and the issue of the Forest River Tidal Gates would
be coming up again. Fred Harney noted that CZM is looking into
the matter.
There being no further business to come before the Commission
at this meeting, a motion was made by Abby Burns to adjourn
the meeting, seconded by Betsy Horne and approved unanimously.
The meeting was adjourned at 8:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CCO22891
3
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MARCH 14 , 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 14 , 1991 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, Betsy
Horne, Richard Femino, and Fred Harney. Also present were Juli
Riemenschneider, Environmental Planner, and Eileen Sacco Clerk.
DETERMINATION OF APPLICABILITY - VAN WATERS AND ROGERS
R. Duff Collins, Project Manager for ABB Environmental Services
addressed the Commission on behalf of his client Van Waters
and Rogers regarding work they intend to perform at property
located on Colonial Road. The property is known as Hamblet
and Hayes, a subsidiary of Van Waters and Rogers .
Mr. Collins noted that the proposed field investigation will
consist of three components . These will consist of evaluation
of the ground water, ground water flow analysis, and evaluation
of surface water and sediment quality. He also noted that
• groundwater monitoring wells shall be installed, as well as
groundwater piezometers and surface water stakes. Surface water
and sediment samples will me collects from Mill Pond.
Mr. Collins also showed a photograph of the area that showed
the elevations of S or 10 years ago when Hamblet and Hayes
connected to the City of Salem storm sewer line.
Betsy Horne asked if the monitoring well would be left in place.
Mr. Collins replied that they would remain until the state
authorized disposition of them. John Vallis asked if they would
be coming before the Commission to remove them. Mr. Collins
stated that they would follow the necessary procedures to remove
them.
Richard Femino asked if they felt that they would need to go
further out into the tidal area for testing. Mr. Collins replied
that he hoped that the samples that they collect would be typical
of the entire area, but if they saw any evidence of other
compounds they will evaluate the risks. Richard Femino stated
that he was concerned about limiting the sampling to that area
and that he would have gone the other route and gone closer
to the tidal area. Mr. Collins replied that it is difficult
to get surface water samples that way.
• George Ahmed asked if there was any vegetation in the area.
Mr. Collins stated that there were fragmites in the area and
sumac on the upland. Ile also noted that wildlife sited were
1
• minnow fish in the pond and small birds nesting around.
Betsy Horne asked how long the project would take. Mr. Collins
estimated that it would take 8-12 weeks. She asked that a copy
of the report be sent to the Commission for thier records.
Mr . Collins stated that a copy of the results would be sent
to the Board of Health and the Mayors Office, and he would see
that the Commission would get a copy.
There being no further questions at this time a motion was made
by George Ahmed for a Negative Determination seconded by Richard
Femino and approved unanimously.
DISCUSSION - NATIONAL PARK SERVICE - DERBY WHARF
Debra Hilbert, a planner with the National Park Service addressed
the Commission regarding their plans to have a Demo Project
at Derby Wharf. She explained that the wharf was last repaired
in 1938 and there are holes in the wall which allow fill to
escape. She noted that they demo project would involve the
placing of mesh bags filled with portland cement which would
harden with the tidal water. Bags that are placed above the
water level will be sprayed. She further noted that this process
is a small part of a much larger project.
• George Ahmed asked if this procedure had been used anywhere
else. Ms. Hilbert stated that she did not know, and was relying
of the engineers that are working for the project, noting that
they must have researched it.
Betsy Horne asked how big the bags would be. Ms. Hilbert stated
that the holes would be 6-18 inches and the bags would be sized
for the size of the hole.
Fred Harney asked when they plan to do the work. Ms. Hilbert
stated that they would do it in April when the weather is warmer,
and should take 30-35 days to see if it arrests the problem.
Betsy Horne asked if the pilot project works when would they
do the rest of the wall. Ms. Hilbert stated that the remaining
portions would be done next April.
CLARK AVENUE ENFORCEMENT ORDER
Chairman John Vallis recused himself from discussion of this
matter, and Richard Femino assumed the chair.
Attorney John Keilty addressed the Commission on behalf of his
client David Colpitts who was also present at the meeting.
He reviewed the process for which his client obtained two
• separate Orders of Conditions for his subdivision that he has
done on Clark Avenue. He also noted that as a result of the
2
• Planning Board conditions of their approval 11ill Beaulieu was
at the site when filling occurred as per the plans submitted.
Richard Femino noted that the Commission had issued an
enforcement order to stop the filling that was going on. Atty.
Keilty noted that they had the specs on the fill that was used
and that they need to define the areas that need to be addressed.
Richard Femino stated that the Commission was concerned that
the fill had been in the wetland and that the slopes need to
be determined and that damage to the wetlands is also a concern.
He also suggested that they provide the Commission with a soil
report and flag the areas .
Richard Femino also noted that the hay bails dere not staked
and that the filter fabric fence should be installed. He
requested that they certify the locations of the hay bails and
that if the slope is not correct it should be resolved.
George Ahmed suggested that they provide a profile that would
show the top of the slope before the existing slope was filled.
Atty. Keilty noted that the Planning Board has held up a Form
A on a parcel of the land involved, and that they want to work
with the Con Com to resolve the problems. He also stated that
• they would try to get the Planning Board to approve the Form
A, so that his client can sell the lot and raise some capital.
Richard Femino suggested that the Commission walk the area to
see what way to go. George Ahmed requested that the area should
be flagged before the visit.
Juli Riemenschneider noted that something has to be done about
that slope soon to keep it from moving down. Atty. Keilty stated
that they would install the siltation fences and stake the hay
bails immediately.
REISSUANCE OF MBTA NOTICE OF INTENT
John Vallis assumed the chair at this time.
Juli Riemenschneider addressed the Commission and noted that
the MBTA had lost the original Notice of Intent issued to them
and did not file it at the Registry of Deeds as well. She had
the Notice retyped and it required the signatures of the
Commission.
John Vallis suggested that the Commission should vote to ratify
and confirm the original Notice of Intent issued.
Motion made by Betsy Horne to ratify and confirm the vote
• approving the Notice of Intent issued by the Conservation
Commission on January 10, 1985, seconded by George Ahmed and
approved unanimously.
3
` Juli Riemenschneider also presented the letter prepared to be
submitted to the Salem City Council requesting permission to
have Assistant City Solicitor Leonard Femino represent the Salem
Conservation Commission in a law suit against the Stephen Lovely
and Joseph Raby.
Motion made by George Ahmed to approve the signing of the letter
requesting that Asst. City Solicitor Leonard Femino represent
the Commission seconded by Richard Femino and approved
unanimously.
Juli Riemenschneider informed the Commission that an Adjudicatory
Hearing on the Salvo case would be held on March 20, 1991 in
Boston.
APPROVAL OF MINUTES
The minutes of the meeting of February 14 , 1991 were presented
for approval. Motion made by George Ahmed to approve the minutes
of the meeting of February 14 , 1991 , seconded by Richard Femino
and approved unanimously.
The minutes of the meeting of February 28, 1991 were presented
for approval. Motion made by Betsy Horne to approve the minutes
of the February 28, 1991 meeting 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 Betsy Horne to adjourn
the meeting seconded by Richard Femino and approved unanimously.
The meeting was adjourned at 9:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC031491
4
. SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MARCH 28, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 28, 1991 , at 7:30 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Betsy Horne, George
Ahmed, Richard Femino, Bob Crowley, and Fred Harney. Also
present were Juli Riemenschneider, Environmental Planner and
Eileen Sacco, Clerk.
DETERMINATION OF APPLICABILITY - DERBY WHARF
Debra Hilbert, a Planner with the National Park Service addressed
the Commission and stated that they were filing for a
Determination of Applicability for the Pilot Program of the
repairs of Derby Wharf. Ms. Hilbert attended the last meeting
on March 14, 1991 for an informal discussion of the project
with the Commission, which entails the placing of bags of cement
in the holes to prevent the loss of fill. At that time the
Commission had some questions, and she stated that she had the
answers to the questions. She informed the Commission that
• the Engineer for the project will be Irving Greenzang Tams.
At the last meeting George Ahmed also asked if the method to
be used has been successful. Ms. Hilbert noted that the method
has been successfully used in New York City on the East River
Parkway, and is the most typical method used to prevent bridge
erosion.
Ms. Hilbert also noted that there purpose is to preserve the
aesthetics of the Wharf for its historical value. She also
stated that the Engineers have no doubts about the method.
George Ahmed asked Ms. Hilbert how this method would compare
to the work being done on the other side at the Pickering Wharf
Sea Wall. Ms. Hilbert noted that they are trying to prevent
the loss of fill at Derby Wharf, and the sea wall at Pickering
Wharf was failing, so they are completely different situations .
John Vallis asked what they plan to do in the event that the
process does not work. Ms. Hilbert stated that they have no
plans at this time, but would probably propose another solution.
She also noted that this is a low tech job and that presently
the maintenance people walk around and pick up rocks and put
them in the chinks.
•
1
• There being no further questions or comments at this time a
motion was made by Richard Femino, for a negative determination,
for the Pilot Test at Derby Wharf, in the areas noted on the
plans, seconded by George Ahmed and approved unanimously.
DISCUSSION REGARDING NOTICE OF INTENT - ALMEDA STREET
John Vallis and George Ahmed both recused themselves from
discussion of this matter. Richard Femino assumed the chair.
Frederick Ryan the owner of the property on Almeda Street was
present at this meeting to discuss his plans to revive an Order
of Conditions 64-126 issued previously on the property which
has expired.
It was noted that when they bought the property the bank
informed them that it was a buildable lot with an approved Order
of Conditions. They showed plans of the property and asked
that the Commission schedule a site visit before their next
meeting so that they can proceed. The also noted that the lot
has been dumped on and they would like to get started cleaning
it up.
Richard Femino stated that they would like to see the hay
bails staked before they start working on the property, but
• that they could removed some of the debris that could be done
without heavy equipment. He also requested that they flag the
area before the Commission makes the site visit. It was decided
that the Commission would visit the site on Saturday April 6,
1991 at 9:00 A.M.
DISCUSSION WITH CITY SOLICITOR - SALVO CASE
John Vallis and George Ahmed returned to the meeting at this
time, and Fred Harney recused himself from discussion of this
matter.
City Solicitor Kevin Daly was present at the meeting to discuss
the Salvo case. He noted that DEP action on the appeal is about
two years away, but that DEP has sent the case to the
Massachusetts Mediation Association for mediation. He stated
that he felt that the matter would not be settled in mediation
since the neighbors don't want the project and the Conservation
Commission denied it so there is no middle ground to settle
on. He stated that he was present tonight to ask the Commission
to vote to support the appeal filed by the city, noting that
the Commission is automatically a party since they denied the
proposal. He stated that he would also like the Commission
to vote to join the appeal if necessary.
Richard Femino expressed his concern that the vote on the Salvo
• case was not unanimous to deny the project, and he would not
feel comfortable voting to support the appeal. Kevin Daly noted
that there would be no problem with a majority vote in this
2
• case as well. He stated that he would like to have the vote
to show that the Commission supports the appeal.
Motion made by Betsy Horne to support the appeal and join the
appeal as the City Solicitor sees fit, seconded by Bob Crowley
and the vote was as follows:
IN FAVOR OPPOSED
John Vallis George Ahmed
Betsy Horne Richard Femino
Bob Crowley
The Commission also asked Kevin Daly about the status of two
other items. John Vallis noted that the Commission had sent
a letter to the City Council asking for approval to have Leonard
Femino represent the Commission. in legal action with regards
to the violations on Story Street, but that Lenny Femino
requested an appropriation for outside counsel. Kevin Daly
said that he did not know why that was done, but he would find
out.
John Vallis also asked Kevin Daly about the status of the Tidal
Gates at Forest River. Kevin Daly stated that he had been
getting calls concerning that. He suggested that the schedule
that was used last summer worked well and that it should be
• done again this year. He suggested that a schedule be made
up for the Mayor to implement.
OLD/NEW BUSINESS
Betsy Horne asked about the status of the Clark Avenue property.
Juli Riemenschneider stated that the siltation fence and new
hay bails have reportedly been placed but she has not been up
there. She noted that they are due to come before the Commission
at the meeting on April 11 , 1991 .
George Ahmed asked what the status of the Sylvania Project was.
Juli Riemenschneider noted that she had received a report on
the matter but had not been able to read it yet.
Juli Riemenschneider stated that one Osprey Pole had been put
up.
•
3
APPROVAL OF MINUTES
The minutes of the meeting of March 14, 1991 were presented
for approval. Motion made by Fred Harney to approve the minutes
of the meeting of March 14, 1991 as amended, 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 Betsy Horne to adjourn
the meeting, seconded by Richard Femino and approved unanimously.
The meeting was adjourned at 8:05 P.M.
RE ECTFU Y SU MITT D BY:
aJ�LEEN M. SA CO, CLERK
CC032891
•
•
4
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, APRIL 11 , 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 11 , 1991 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Richard Femino, George
Ahmed, Betsy Horne, Bob Crowley, Abby Burns , and Fred Harney.
Also present were Juli Riemenschneider, Environmental Planner
and Eileen Sacco, Clerk.
PUBLIC HEARING - NOTICE OF INTENT - 79 ALMEDA STREET
John Vallis and George Ahmed both recused themselves from
discussion of this matter and Richard Femino assumed the chair.
John Dick of Hancock Survey Associates addressed the Commission
on behalf of his client Salvatore Orlando and presented revised
plans that had been changed to address the concerns of the City
Engineer. He also noted that they had been to the Board of
Health, which raised concerns about pest control and rubbish
disposal, and they are scheduled to present their plans to the
• Planning Board on April 18, 1991 .
Mr. Dick noted that the City Engineer suggested that a retaining
wall be constructed at the rear of the property to lessen the
grade from the back of the house to the wetlands and the plans
show that wall . He stated that the wall will be constructed
of stone. He also noted that the location of the house had
been changed to eliminate further blasting near the water tank.
Abby Burns asked how high the wall would be. Mr. Dick stated
that it would be five feet high at the maximum level.
Juli Riemenschneider asked what the slope would be behind the
wall. Mr. Dick replied that it would be approximately 1 -4 1 /4 .
44 __ asked if they would be using any equipment to build
the wall. Mr. Dick stated that the work would have to be done
by hand. He also stated that they would have hay bails along
the wetlands.
Richard Femino asked to see the order of conditions originally
issued to the property. He also asked if there was anyone
'present who wished to speak in favor or opposition of the
project.
John Wright of 80 Almeda Street stated that he was in favor
• of the project and that this was the third time he had been
to the Commission for someone to build on the lot. He noted
1
• that the lot has been dumped on and that the construction of
a home there would be welcome.
Susan Lajoie also expressed her support for the project.
Mr. Clark of 81 Valley Street also expressed his support for
the Project, but noted that his neighbor Mr. Anderson of 79
Valley Street had some concerns . Mr. Anderson addressed the
Commission and noted that he has had an ongoing drainage problem
on his property which the city has failed to rectify. He further
noted that a year and a half ago the city had filed with the
Commission to do work that was supposed to solve the problem,
but that only a foot bridge had been installed and nothing else
has been done. Mr. Anderson also stated that he has sever
problems with muskrats and mosquitoes in the area.
Mr. Anderson also noted that he had taken Mayor Harrington,
David Shea and Dan Geary to the site and they agree that there
is a problem but nothing has been done yet. Mr.
Anderson expressed his concern that the new house will add to
the water drainage problems that he has. He asked for assurance
that his problem will be taken care of.
Richard Femino informed Mr. Anderson that the construction of
this house would not change the drainage pattern. He also
• informed Mr. Anderson that his issue was separate from the matter
before the Commission for this public hearing. He invited Mr.
Anderson to wait for the old/New Business agenda items and the
Commission could discuss his concerns at that time.
John Marchand who noted that he lived across the street from
the lot, stated that he was if favor of the project.
Richard Femino asked if the members had any further questions
concerning the proposal.
Juli Reimenschneider suggested that no heavy equipment should
be allowed in the wetland area during construction and should
be made a conditon.
Abby Burns suggested that no fertilizer should be used in the
rear portion of the property near the wetlands, and should also
be a condition.
There being no further questions or comments concerning this
matter a motion was made by Bob Crowley to close the public
hearing seconded by Abby Burns and approved unanimously.
Motion made by Abby Burns to approve the plans as submitted
with the standard conditions and the following special
conditions:
• 1 . That no heavy equipment shall be used during construction
2
• in the wetland area.
2. That no chemicals or fertilizer shall be used on the property
in the rear portion near the wetland.
Motion was seconded by Betsy Horne and approved .unanimously.
DISCUSSION OF CLARK AVENUE ENFORCEMENT ORDER
Chairman John Vallis recused himself from Discussion of this
matter as well. Richard Femino served as acting chairman for
the discussion.
George Ahmed returned to the meeting at this time.
Paul Sommer of Sommer Environmental Technologies Inc. of
Wakefield Mass . addressed the Commission on behalf of his client
David Colpitts. Mr. Sommer presented the Commission with a
report that he had done on the property. ( A copy of the report
is attached to these minutes. )
He reported that his investigation found that the slopes have
been extended 150 feet more than the approved plan. He asked
the Commission to amend the Order of Conditions issued for the
project to incorporate the following points as outlined in his
• report:
1 . The order of Conditions be extended to include the additional
150 feet of filled slope adjacent to the Bordering Vegetated
Wetland.
2. Unstable slopes should be seeded and mulched with hay in
a manner consistent with the U. S. Soil Conservation
Service methods for slope stabilization.
3. All erosion and sedimentation control barriers be maintained
in working condition. Including the removal of accumulated
silt from the upgradient side of the barrier.
4. Areas where silt has broken through the siltation barrier
should be restored by hand removal of silt.
Mr. Sommer also noted that a letter to the Commission would
need to be sent by Mr. Colpitts Attorney, John Keilty requesting
the amendment and that a Public Hearing would be required.
Juli Reimenschneider asked how we could be sure that the land
that was filled was not in the wetlands. Mr. Sommer replied
that the wetlands indicator species along the tow of the slope
as it exists shows that there is enough transition evidence
down gradient. He also noted that the area had been filled
• previous to the latest filling, and it appears that a significant
slope prexisted.
3
Richard Femino expressed his concern that the fill came from
Deer Island and that the clay soil would cause runoff, compared
to what was originally there. Mr. Sommer replied that they
have seeded the slope and that new vegetation is being
established by the slope and should stabilize the slope.
George Ahmed asked what the slope is presently. Mr. Sommer
stated that it is 4 to 1 and noted that they started with an
abnormal slope. He also noted that the normal rainfall in the
rainy season would be 3 to 4 inches of rain.
Attorney Keilty asked what the Commission would like to see
the slope be. Richard Femino stated that the Commission is
concerned that the clay is not stable and that rain runoff would
be a problem. He also noted that clay fill would be the last
thing the Commission would approve if the proposal had been
presented to the Commission before it was done as it should
have been. He also noted that if they had come before the
Commission seeking approval to dump 80 truck loads of clay fill,
they would not have gotten approval.
Attorney Keilty asked the Commission if they had any ideas on
how to solve the problem.
George Ahmed suggested that some of the fill be removed and
• replaced with something that would be of better quality and
hold the slope.
Abby Burns noted that the slope needs to be fixed and that all
of the fill should be removed. She also noted that the
photographs presented indicate that trees are covered more than
they should be and they will die.
Mr. Sommer stated that they had hoped that they would be able
to deal with the slope that is there. He also noted that he
is aware of the concerns of the Commission, notably the siltation
problem, and they hope to manage and maintain erosion control.
George Ahmed asked how many trees were removed from the property.
David Colpitts replied that maybe six trees were removed.
Richard Femino stated that he would like to see a reduction
of the slope and the wetland be restored.
George Ahmed noted that the Commission had requested a profile
of the area at different points before it was filled in.
Attorney Keilty stated that he did not think that the wetland
had been filled in.
Juli Reimenschneider suggested that the Civil Engineer at the
• DPW may be able to provide information on the cost of restoring
the wetlands.
4
Attorney Keilty stated that his client has a shortage of money
at this time and the suggestion made can be costly. lie stated
that his client wants to spend a limited amount of money on
what will solve the problem. Paul Sommer added that he felt
that the Commission could amend the conditions issued and that
they would be recorded with the deed.
George Ahmed stated that the area closest to the wetland is
the area of concern to the Commission. Paul Sommer suggested
that he could flag the area, but that he could not flag what
he doesn' t know. He did say that he would look at the 50% line
to get an idea of where the wetland is.
Betsy Horne suggested that the Commission have site visit during
April which is the rainiest month of the year.
Attorney Keilty asked if the Commission would be amenable to
amending the Order of Conditions. He also noted that this would
provide the developer with more money to finish other things.
Richard Femino asked when the current Order of Conditions
expires. Atty. Keilty noted that it expires this spring and
that they would be needing an extension as well as an amendment.
It was decided that the Commission would visit the site before
• the next meeting, to see what the situation is.
OLD/NEW BUSINESS
John Vallis returned to the meeting at this time. Iie noted
that he had discussed Mr. Andersons problem with him and that
he told him that the Commission would look into the matter.
He suggested that the Commission write a letter to the Mayor
and the DPW and send a copy of it to Mr. Anderson. He also noted
that there is not much else that the Commission can do but
inquire about the status of the project since the Order of
Conditions is valid for 3 years and there was no time limit
on the project.
Julie Reimenschneider informed the Commission that the stock
pile on Peabody Street had been removed.
George Ahmed reported that he noticed piles of fill on Valley
Street next to the Abrahams. Juli Reimenschneider will check
it out and report at the next meeting.
Juli Reimenschneider reported that she had sent the letter to
the City Council requesting that Leonard Femino represent the
Commission in action against the Mr. Raby and Mr. Lovely, the
owners of the property on Story Street. She noted that the
Council did not want to pursue the matter. John Vallis stated
• that the Commission could pursue the matter through the District
Attorney' s Office.
5
• Abby Burns invited the Commission to attend the Salem Walkways
Clean-Up day to be held on Saturday, April 27, 1991 at 9:00
a.m. at the Forest River Conservation Area behind the South
Campus of Salem State College.
APPROVAL OF MINUTES
The minutes of the meeting of March 27, 1991 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of March 27, 1991 , 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 Richard Femino to adjourn
the meeting, seconded by Abby Burns and approved unanimously.
The meeting was adjourned at 8:45 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC041191
•
6
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MAY 9, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 9, 1991 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, Bob
Crowley, Fred Harney, and Betsy Horne. Also present were Juli
Riemenschneider, Environmental Planner and Eileen Sacco, Clerk.
The meeting was called to order at 7:00 P.M. by the Chairman,
John Vallis.
DETERMINATION OF APPLICABILITY - NEW ENGLAND POWER COMPANY
David Therrien Supervisor of Licenses and Permits for New England
Power Company, addressed the Commission on behalf of New England
Power to discuss a proposal to construct a fence surrounding
its property on the north side of Collins Cove. He noted that
the area has been identified by DEP to be investigated under
a 21E. He also noted that the construction of the fence has
been required by DEP as a precaution since evidence was found
that people can get in there, and that possibly homeless people
• are sleeping in there, and they are concerned that there is
potentially hazardous materials in there.
John Vallis asked what kind of fence would be constructed.
Mr. Therrien stated that it would be a 7 foot chain link fence
and they would rebuild a portion of an existing fence, but the
rest is in poor condition. He also noted that this request
is only for the construction of the fence and any additional
work or excavation would be a separate filing. ,
John Vallis also asked if they would be sinking any posts for
the fence. Mr. Therrien stated that galvanized steel posts
would be erected and there intention is to stay out of the Mean
High Water line, since that would require a Chapter 91 license,
and that would slow down the process.
George Ahmed asked if wildlife would be affected. Mr. Therrien
stated that they want to keep people out due to the potentially
hazardous material. He also noted that DEP considered the
situation an emergency, but they felt that since they were coming
to the Commission for approval of another matter they would
go for approval .
George Ahmed suggested that they should post signs to alert
people of the potentially hazardous material. Mr. Therrien
• stated that they would have to have their Attorney investigate
that possibility, since they are not sure that there is hazardous
1
imaterial in there and this is basically for precaution.
Betsy Horne asked if there would be a gate to allow access.
Mr. Therrien stated that there would be an 8 foot opening and
gate for access if there vehicles need to get down there.
There being no further questions at this time a motion was made
by George Ahmed for a Negative Determination, with the normal
conditions, seconded by Bob Crowley.
George Ahmed stated that he felt that there should be signs
posted alerting the public to the situation. Mr. Therrien will
get back to the Commission on that matter. The following special
Conditions were also discussed:
1 . That all work shall be done in accordance with the plans
submitted to the Commission.
2. That the fence shall be properly maintained.
3. No further work shall be performed beyond the erection of
the fence.
4 . That New England Power will investigate the placing of signs
informing the public of the possibility of hazardous material
on the property.
• There being no further discussion of the matter a vote was taken
on the motion made by George Ahmed for a negative determination
with the above special conditions, seconded by Bob Crowley and
approved unanimously.
DETERMINATION OF APPLICABILITY - NEW ENGLAND POWER- KERNWOOD
PARK - DANVERS RIVER
David Therrien presented plans to the Commission that call for
the modification of an existing tower leg foundations adjacent
to Kernwood Park at the Danvers River. Mr. Therrien had been
before the Commission previously for an informal discussion
on this matter. He noted that at that time they had proposed
to do some road work as well but they have abandoned those plans.
He also noted that at the suggestion of the Commission they
will fence in the towers with restriction barriers to prevent
people from climbing the tower.
Mr. Therrien explained that they will install sand bags along
the Danvers River side of the foundation. He also noted that
hay bails would be hard to secure since it is shallow.
Betsy Horne asked how many footings would be required. Mr.
Therrien stated that there would be 4 on the two towers. He
• ' also noted that the height would be 6 1 /2 feet above the ground
area.
2
• John Vallis asked when the work would be done. Mr. Therrien
stated that if the Commission approved the plan tonight, it
would be done in a week or two.
George Ahmed asked if any heavy equipment would be on the site.
Mr. Therrien stated that a dump truck and a back hoe will be
needed.
There being no further discussion of this matter at this time
a motion was made by Bob Crowley for a Negative Determination,
seconded Betsy Horne, and approved unanimously.
DISCUSSION REQUIRED BY AN ORDER OF CONDITIONS- ONE PEABODY ST.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. was present
at the meeting to discuss the drainage plans for the lot area
at One Peabody Street. He noted that the Commission had placed
a Condition that no parking temporary or otherwise should take
place until the Commission reviews and approves a drainage plan.
Dr. Mulligan stated that he had Scott Petrovich, a professional
Engineer, look at the site and recommend a drainage plan. He
stated that he recommended using leeching catch basins, which
would be placed in six foot diameter basins and the water will
run across the area disturbed and into the catch basin into
• the ground. The basins will contain bats that will catch oil
and will be changed annually, and are designed to handle the
one year storm. He also noted that the silt will be cleaned
annually so that there is no danger of contaminating the wetland.
John Vallis asked if they were recessed. Dr. Mulligan stated
that the bat contains an absorbent material that attracts oil
and would be replaced every year. He also noted that the life
expectancy of the basins are indefinite if they are well
maintained.
Fred Harney asked if the property should be sold, if the
conditions would go with it. Dr. Mulligan stated that they
would be recorded at the Registry of Deeds and would have to
be adhered to.
DISCUSSION - ENFORCEMENT ORDER - CLARK AVENUE VIOLATIONS
John Vallis recused himself from discussion of this matter.
Motion made by Betsy Horne to appoint George Ahmed Acting
Chairman for this discussion, seconded Fred Harney and approved
unanimously.
Attorney John Keilty addressed the Commission and stated that
since the last meeting they have learned a significant amount
• of information. He showed the Commission a profile of the
existing topography and showed a cross section of the existing
3
• slopes. He also presented a letter from Donald Kent, a former
Employee of Gulf of Maine Research Inc. , which stated that the
area was flagged twice due to the time of year that the first
flagging was done which was the summer. The second flagging
moved the wetland limit line down slope of the first. Juli
Riemenschneider noted that the 1988 plan referenced in the Order
of Conditions does not show the revised flagging. Atty. Keilty
stated that the narrative explains that. Juli Riemenschneider
reviewed the Order of Conditions issued.
Attorney Keilty stated that the Commission had approved a 1
to 1 .5 slope in the wetlands report, and the filled slope 1
to 1 .5 is shown on the survey. Juli stated that although a steep
slope had been approved, the slope extended for a short distance.
The survey of the present condition shows the slope extending
the entire length of the road.
Paul Sommer stated that no more material will be applied to
the slope. He also stated that it had been seeded and is
starting to take, noting that they wish to maintain what his
there. He also stated that the lots would be graded so that
the runoff from the lots would flow toward the street and not
toward the edge of the hill.
Juli Riemenschneider questions whether the grass would truly
stabilize the slope with the clay fill that has been put there.
• Atty. Keilty stated that his client had indicated that he would
put some better soil on top to better stabilize the slope.
Juli Riemenschneider asked Atty. Keilty if directing runoff
away from the slope and planting grass would stabilize the slope.
Atty. Keilty replied that there is a problem in some areas.
Juli noted that the work does not conform with the approved
plans, and that even if there was a plan on file that showed
the second flagging, a new Order of Conditions should have been
issued which referenced the revised plan. She further noted
that the plans per #64-165 Order of Conditions, the road
extension, show no proposed contours on the lots and so all
of the work that was done, was done without an Order of
Conditions .
Paul Sommer again referred to Don Kents letter referring to
the vegetation located at the tow of the slope is consistent
with what is there for the summer delineation.
George Ahmed expressed concern that the area was seeded after
the Enforcement Order was issued. Juli Riemenschneider stated
that the Enforcement Order allowed for the slope to be
maintained.
George Ahmed asked if the members had any further questions
• or comments at this time. There being none he informed Atty.
Keilty that the Commission would issue a decision at their next
4
• meeting.
DISCUSSION OF VIOLATION - 69 VALLEY STREET
Juli Riemenschneider explained to the Commission that she had
received a report of illegal filling and investigated the area.
She showed pictures that she had taken. Stephanie Sironi , the
owner of the property was present at the meeting to discuss
the matter. She noted that they are trying to grow grass and
clean up the area and did not know that they needed to get
approval from the Commission. George Ahmed explained to her
that since her property is within the 100 foot buffer zone she
was required to take certain steps, and advised her to file
for a Determination of Applicability before they proceed with
any further work.
DISCUSSION OF PROPOSED ENFORCEMENT PLAN
Juli Riemenschneider addressed the Commission and stated that
there have been increased numbers of violations occurring
throughout the city. She stated that she has prepared a proposal
to handle the violations which should expedite the process .
She noted that as it is now, she receives the complaint and
investigates it but no further action is taken until the
Commission meets again. She reviewed the proposed "Enforcement
• Plan" with the Commission.
Betsy Horne asked where the $200 .00 per day fine would go.
Juli Riemenschneider noted that there have not been many cases
of it having to be invoked and that it would probably go to
the general fund.
Juli Riemenschneider also informed the Commission of a report
of illegal dumping at 52 East Collins Street. John Vallis
suggested sending them a letter and have them come to the next
meeting. He also suggested that the Commission visit the site
before the next meeting.
Betsy Horne suggested that the Commission have a one page
explanation to issue to homeowners detailing their
responsibilities with regards to the Wetlands Protection Act.
DISCUSSION OF VIOLATION - 272 HIGHLAND AVENUE
Juli Riemenschneider informed the Commission that she had
received a complaint of illegal dumping at 272 Highland Avenue,
the property is owner by Mr. Cohen who owns Tri-City-Sales.
She noted that she spoke with Mr. Cohen and he indicated that
he leases the property to Lane Chase and he has stock piled
mulch. John Vallis suggested that they issued a cease and desist
order to the owner and the tenant.
• Motion made by Bob Crowley to issue a Cease and Desist Order i
5
• fro 272 Highland Avenue, seconded by Fred Harney and approved
unanimously.
CERTIFICATE OF COMPLIANCE - COLLINS COVE CONDOMINIUMS
Juli Riemenschneider presented the Commission with a letter
requesting that a Certificate of Compliance be issued for the
Collins Cove Condominiums Dock. She stated that she went out
there and everything looked fine. John Vallis noted that the
request had been made before and that the Commission requested
additional information. Juli Riemenschneider will contact them
ant have them submit it.
CERTIFICATE OF COMPLIANCE - CITY OF SALEM DEPARTMENT OF PUBLIC
WORKS - FOR WORK AT VALLEY STREET
Juli Riemenschneider noted that she had received a letter from
Stan Bigelow, Director of Public Works, informing her that the
city had done the work on Valley Street and that what Mr.
Anderson wants them to do is above the Order of Conditions .
She read the letter from Mr. Bigelow and reviewed the Order
of Conditions. John Vallis suggested inviting Mr. Bigelow to
the next meeting of the Commission.
OLD/NEW BUSINESS
• Juli Riemenschneider reviewed correspondence with the Commission.
APPROVAL OF MINUTES
The minutes of the meeting of April 11 , 1991 were presented
for approval . Motion made by Bob Crowley to approve the minutes
of the meeting of April 11 , 1991 , 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 Betsy Horne to adjourn
the meeting, seconded by George Ahmed and approved unanimously.
The meeting was adjourned at 10:30 P.M.
RESPECTFULLY SUBMITTED BY;
EIL ^EN M. SACCO, CLERK
CC050991
• 6
Minutes for the May 16, 1991 Meeting of the
Conservation Commission
The meeting was called to Order by George Ahmed, being that the Chairman and Co-
Chairman were not present, Juli Riemenschneider, Conservation Administrator, Betsy
Horne, George Ahmed, Robert Crowley, Fred Hartney, and Abby Burns were in
attendance. No public was in attendance.
A motion was made by Betsy Horne to go into executive session to discuss the resolution
of the Enforcement Orders against David Colpitts. The reason for executive session being
the discussion of issues which may lead to future litigation. A roll call was taken. All
members present voted in favor.
A motion was made by Robert Crowley to end the executive session. A roll call vote was
taken. All members present voted in favor. Richard Femino joined the meeting during
the executive session. He also voted in favor of ending the session.
Enforcement Order: Nicholas Fiore
Juli Riemenschneider said Nicholas Fiore had come in to discuss the Enforcement Order.
He claims he had not done any filling on his land recently. Juli requested that he be
present at a site visit with the Conservation Commission, so that an accurate evaluation
could be made. The Commission decided to make a site visit Wednesday, May 22 at 5:00
• p.m. Juli Riemenschneider agreed to call Mr. Fiore to notify him.
Ticketing Procedure:
Betsy Horne brought up a discussion on the possibility of ticketing violators of the
Wetland Protection Act. Juli Riemenschneider stated that a process had to be
implemented before ticketing or fining could happen. Betsy Horne asked that someone
look into developing a process.
GTE:
Juli Riemenschneider said that an engineer from GZA had called regarding her proposal
for the GTE site clean-up. She was developing a method for salt marsh restoration and
had an idea she wanted to run by the Commission, before she included it in her proposal.
She wanted to know wheather transplanting plugs of spartina grass from other areas on
the site would be acceptable. This may be necessary because of anerobic soil conditions.
Spartina currently growing on the site had already adapted to the conditions and would
have a better chance of surviving. The Commission had no objections, so long as they see
the completed proposal.
Being no further business Fred Harney motioned to adjourn, Robert Crowley seconded.
All voted in favor.
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,h,�,L�f�j���vc�rrrsaGnu.[clar
SALIN CONSERVATION COMMISSIO11
MI S?UTL'S Or MEETIIiG
THURSDAY, MAY 23 , 1991
A regular n;eeting of the Salem Conservation Commission was held
on Thursday, May 23 , 1991 at 7: 00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, ;
• CONDITIONS POR 272 HIGHLAND AVrNUE
1 . The location of a 6 ft. minimum length of 100 feet chain
link fence shall be mutually agreed croon by the Owner,
Conservation Commission and Dr. Mulligan.
2. That the area shall be clean up and tire etc. shall be
removed.
3 . That staked hay hales shall be placed on the site.
4 . The time period for completion of this work shall be 45
days.
5 . That any additional work to be done inside the isolated
land shall require review by the Conservation Commission.
Georae Ahmed noted that he did not want to see the topography
of the land changed, Dr. Mulligan stated that he did not think
there were anv plans to do so.
John Vallis noted that he did not thin]: that the Commission
could regulate that since it is not in the Commissions
jurisdiction.
• CERTIFICATE OF COMPLIANCE•. - CITY OF SALEM DPW - VALLEY STREET
Stan Bigelow, Director of Public Services for the City of Salem
addressed the Commission to request a Certificate of Compliance
for work Performed in accordance with an Order of Conditions
issued in 1989 . He noted that the work was done in 1990 and
the debris was cleaned up twice this spring to allow the channel
to run free. He stated that they met the requirements of the
Order of Conditions and that lie want to close this Project out.
Mr. Bigelow also noted that he plans to come before the
Commission at a later date with a Notice of Intent to be
renewable annuallv to maintain 3 or 4 resource areas, by
clearing the define channel of the stream, but not removing
anything from the sides.
Betsy Horne asked if this work that was done was beyond the
scope of the area that Mr. Anderson was complaining about.
Mr. Bigelow stated that he sees that area as a Bordering
Vegetated wetland and that he told Mr. Anderson that he could
propose to solve the problem and file a Notice of Intent with
the Commission.
Abby Burns asked if the area had always been that way. Mr.
Bigelow stated that he looked at the base maps and it looks
like there was a pond filled in on Gallows Hill Road, but the
area remains at original ground levels . He also stated that
his department has and will remove vegetation from the stream
2
• hed to ':eep the stream flowing.
John Vallis asked if there was a recorded easement . ''.r. Bigelow
stated that it is simply a drainage easement and is part of
o recorded subdivision elan, and the city has not accepted the
ease:uent.
There being no further questions or comments from those present,
a motion was made :by George Ahmed to issue a Certificate of
Compliance for Valley Street, seconded by Abby !urns and approved
unanimously.
C._RTIFICATF OF COAIPLIAe9CF. - COLLII'dS COVE, C014DOS - 37 SETTLERS
WAY
John Tangusso addressed the Commission and presented a letter
from DeFalco Engineering stating that the project was in
compliance and contained the necessary information for the
Comt.aission to issue a Certificate of Compliance.
;lotion made by Abby Burns to issue a Certificate of Compliance
for the Collins Cove Condominiums - 37 Settlers 'gay, seconded
by George Ahmed and approved unanimously.
During a discussion by the Commission is was discovered that
• at the time the Order of Conditions was issued, the Commission
placed Conditions that should remain in effect beyond the
construction of the dock. They are as follows:
1 . That the owners shall have and provide to the Commission
a maintenance schedule.
?. That there shall be no discharge of chemical waste.
3. Fueling or P,efueling at the dock shall be prohibited.
n . That the self locking gate has been installed and shall
be maintained.
5. That there shall be no installation of electrical services
in that area.
Motion made by Fred Harney to include these conditions in the
Certificate of Compliance, seconded by ?Bob Crowley and approved
unanimously.
9P.RTINI 'S PROPERTY DISCUSSION
Roger Pelletier of 7 Kimball ^pad addressed the Commission and
showed pictures of what he believes is unauthorized activity
• taking place on the Bertini Property behind Bertini ' s Restaurant.
Juli P.iemenschneider stated that she had been to the property
twice and that on the first occasion someone was cleaning up
3
• the site. John Vallis noted that the Bertini ' s are not supposed
to do anv work pending an order from DEP. He suggested that
the Commission wait for that order .since it is clue in a couple
of weeks .
VIOLATION - STEPHANY SIROPII - 69 VALLEY STREET
Juli Riemenschneider stated that she had not heard from the
Sironi ' s since the last meeting that they attended. It was
suggested that she call her to see where they stand and prompt
some action.
VIOLATION - DEBRA BOUCHARD - 52 EAST COLLINS STREET
Juli Riemenschneider reported that a letter had been sent to
Ms . Bouchard ordering that she reinstall the fence and clean
up the area. She noted that the letter stated that a .site visit
would be held on Friday, May 24 , 1991 , to see if the work: had
been done. It was suggested to issue an enforcement order if
she had not complied by the deadline.
OLD/NEW BUSINESS
George Ahmed addressed the Commission and suggested that they
appoint a member to serve a Acting Chairman in the event that
• the Chairman or Vice Chairman are unable to participate in a
discussion. He also suggested that the Commissioners should
take turns filling in so that they are familiar with the process.
IIe also suggested that it should be a woman to serve as
Co-Chairman.
Abby Burns nominated Betsy Horne, seconded by George Ahmed.
Motion made by Abby Burns to appoint Betsy Horne as Co-Chairman
of the Conservation Commission, seconded by, George Ahmed and
approved unanimously.
FOREST FIVER TIDAL GATES
Betsy Horne discussed a schedule of times that she had figured
out for the opening and closing of the tidal gates at Forest
River. The Commission discussed the times and decided to
recommend to Mayor Harrington that the gates be opened and closed
at the following times for the Memorial Day Weekend:
Saturday, May 25, 1991 - CLOSE AT 10:41 A.M.
Sunday, May 26, 1991 - OPEN at 11 : 30 P.M.
Juli Riemenschneider will send the schedule and a letter to
the Mayor on Friday Morning.
• Betsy Horne also noted that Farah Courtney of Coastal Zone
Management has indicated to her that she is concerned about
the tidal gates and that she is interested in getting all parties
4
• together. She also noted that she had .spoken to Rob M?oyer of
the Peabody t-Iuseum and he had people interested in monitoring
the salt :harsh behind the tidal gates. He could like someone
from the Commission to attend a meeting at the Peabody Museum
on June 5, 1991 .
George Ahmed addressed the Commission and stated that he had
placed a call to .Bob Grant at Salem District Court to find out
the procedure for filing criminal action. Tie said he felt that
the Commission should be able to go through the same process
that the Board of Health to file criminal complaints .
APPROVAL OF `'tI?LUTES
The minutes of the meeting of ^lay 9 , 1991 were presented for
approval. Motion made by Betsy Horne to approve the minutes
of the meeting of _lay 9 , 1991 , seconded ')y George Ahmed and
approved unanimously.
EIUFOP.CEMENT ORDER - DAVID COLPITIS - CLA]�IC AVMNUE
John Vallis recused himself from discussion of this matter and
there being no further items on the agenda to be addressed at
this meeting, turned the meeting over to Betsy Horne and left
• the meeting.
Juli Riemenschneider reviewed the proposed Enforcement Orders
to be issued to David Colpitts concerning his property on Clark
Avenue. The Commission discussed sending the Enforcement Order
to the other owners of property involved to make them responsible
for the action as well, even though Mr. Colpitts stated that
he was representing them as well. It was decided to issue the
Enforcement Order to Paul Claveau and Hick Fiore.
Motion made by George Ahmed to issue the Enforcement Order to
David Colpitts, ;dick Fiore, and Paul Claveau, seconded by Abby
Burns and approved unanimously.
The Commission also discussed an Enforcement Order that was
issued to Hick Fiore 6 weeks ago, and upon a site visit it was
discovered that the property in question is not owned by Mr.
Fiore. It was also noted that there is some question or a
road that may have been used by Mr. Colpitts for access with
the material that was dumped on the property. It was decided
to send letter to the owners of lots 20 and 21 and have them
contact the Planning Department if they have any information.
•
5
There being no further business to come before the Commission
at this meeting, a -Motion was made by Fob Crowley to adjourn
the --fleeting seconded by Abby 3urns and approved unanimously.
`:he meeting was adjourned at 9: 30 P.M.
PESPECTP LLY UIRMITTED BY:
5� � az
R LEEN M. SACCO, CL-"--
CC052391
•
6
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JUNE 13, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, June 13, 1991 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, and Bob Crowley. Also present were: Juli Riemenschneider,
Environmental Planner and Eileen Sacco, Clerk.
DISCUSSION - JANET MULVIHILL - POSSIBLE VIOLATION
Mrs. Mulvihill was present at the meeting with her Attorney
Martin J. McNulty to address the concerns of the Commission
with regards to her property on the other side of Clark Avenue
and the possibility of violations on that property. , Juli
Riemenschneider stated that during a site visit to the Colpitts
property it was noted that there appears to be fill encroaching
the wetlands on Mrs . Mulvihill 's property.
Attorney McNulty noted that the Mulvihill ' s had the property
staked out, but the stakes had been removed. He showed the
Commission a plan and noted the location of his clients property
•, as being lots 17 & 18, and lots 71 & 72 as being owned by Mr.
Fiore. He noted that the fill was placed to the best of his
knowledge sometime last year. He also noted that Mr. Fiore
had given someone permission to fill on his property. Betsy
Horne noted that Mr. Fiore had told them that he had given Mr.
Colpitts permission to gain entry to his property through his
property, but had put up a barrier to stop entry when he saw
the amount of fill being placed in there. Attorney McNulty
also noted that it is likely that civil suits will be filed
in this matter.
John Vallis asked if the DPW had been notified that there has
been a change of more than 28 in this area. Juli Riemenschneider
stated that she checked and they had not been notified.
Attorney McNulty stated that his clients property had been
infringed upon but nothing drastic such as going down the middle
of it. He also noted that now that the matter has been called
to his clients attention she wants to get to the bottom of it.
John Vallis noted that there is some fill on Mrs. Mulvihill ' s
property, and how much needs to be determined. He also noted
that they need to determine what other parties are involved.
He suggested that Mrs. Mulvihill place staked hay bales on her
property to protect the wetland and prevent further movement
• into the it. He also suggested that they re-post the no
trespassing signs on her property.
1 .
John Vallis suggested that the Commission have a site visit
to the property before the next meeting. He also asked that
the other owners of the property be asked to come to the next
meeting.
OLD/NEW BUSINESS
SALEM/BEVERLY BRIDGE
Juli Riemenschneider stated that she had been contacted by the
State to see if the Commission wanted to have an informal session
concerning the construction of the new bridge. John Vallis
noted that he thought that it would be a good idea and suggested
that they come to the next meeting.
BERTINI 'S
Juli Riemenschneider showed the Commission photographs that
she took at the property located behind Bertini 's Restaurant
which indicate that they are doing some work on that property.
She stated that she had called DEP to find out the status of
the ruling that is pending, but that she was unable to get and
answer.
George Ahmed suggested sending a cease and desist order to them.
John Vallis noted that the property is under the jurisdiction
of the DEP, so the Commission has to wait for them to act.
STEPHANIE SIRONE - 69 VALLEY STREET
Juli Riemenschneider stated that she had received the application
and fee from the Sirone's and showed the Commission the plan
that was filed. John Vallis suggested that she be contacted
and have file a more informative plan.
DEBRA BOUCHARD - 52 EAST COLLINS STREET
Juli Reimenschneider reported that she went to 52 East Collins
Street to follow up on the letter that the Commission sent her,
asking that she clean up her property. She reported that the
area had been cleaned up but that the fence had not been put
up as requested. She stated that she followed the visit up
with a phone call to Ms. Bouchard who stated that she had never
received a letter and that her tenants had cleaned up the
property before she went to collect the rent.
John Vallis suggested that the Commission send another letter
to her stating that the Commission would be monitoring the area
and note the improvement the clean up has made on the area.
FOREST RIVER TIDAL GATES
• Juli Riemenschneider reported that suggested time table for
the closing of the gates was sent to the Mayor and that some
2.
times were changed for certain weekends. She also reported
that Rob Moyer of the Peabody Museum wants to monitor the Forest
River Estuary regarding the closing of the gates. .She noted
that they held a meeting which was attended by Debra Hurlbert
and she would get more information for the next meeting.
LEGAL ACTION CONCERNING ILLEGAL DUMPING
George Ahmed asked if Juli had a chance to find out how the
Commission can take action against violators in Criminal Court.
She reported that she had found out that a fine or imprisonment
could be imposed but that doesn' t mean they have to clean it
up.
George Ahmed also noted that he was concerned that the statute
of limitations may run out before the Commission gets an answer
from the Mayor ' s office.
57 AURORA LANE
John Vallis reported that he had been contacted by Attorney
David Stern concerning the sale of a unit located at 57 Aurora
Lane, in the Fafard development. He noted that a title search
showed that a Certificate of Compliance was never issued for
the development and that they need to satisfy the bank before
the sale can go through. He read a letter to the Commission
that he would give to the Attorney in hopes that it would satisfy
the bank for this closing, but noted that the Commission could
not give them a Certificate of Compliance since they are not
sure if all of the work was conformed to and the developer has
not presented evidence of it.
Motion made by George Ahmed to approve the sending of the letter
to Attorney David Stern, seconded by Betsy Horne and approved
unanimously.
APPROVAL OF MINUTES
The minutes of the meeting of May 23, 1991 were presented for
approval. Motion made by Bob Crowley to adjourn the meeting,
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 Bob Crowley to adjourn
the meeting, seconded by George Ahmed and approved unanimously.
The meeting was adjourned at 8:30 P.M.
RESPECTFULLY// SUB ITTED BY:
•. EPLEEN M. SACCO, CLERK
CC061391
3 .
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JULY 25, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 25, 1991 , at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Richard Femino, George
Ahmed, Fred Harney, Bob Crowley, Betsy Horne and Abby Burns.
Also present were Juli Riemenschneider Environmental Planner,
Debra Hurlbert Conservation Commission Aide, and Eileen Sacco,
Clerk.
The meeting was called to order at 7:00 P.M. by Richard Femino.
Chairman John Vallis assumed the Chair when he arrived.
CLARK AVENUE - ENFORCEMENT ORDER - DISCUSSION
Juli Riemenschneider informed the Commission that the assessors
map shows that 12 Clark Avenue is owned by Julie Armstrong and
Roland Mento. This property is also involved the illegal
dumping that occurred up there. Juli reviewed the letter that
she prepared to send to the owners informing them of the
• violations, as were send to the other lot owners involved.
Betsy Horne expressed her concern that these owners are being
notified after the others have been notified. Juli stated that
the other owners were notified after the decision of the
Commission was given and there should not be a problem.
Motion made by George Ahmed to send the letter to Julie Armstrong
and Roland Mento informing them of the violation and the
enforcement order, seconded by Bob Crowley and approved
unanimously.
Richard Femino asked if the Commission had heard from Paul
Claveau or his Attorney John Serafini . Juli noted that she
had talked to Atty. Serafini and told him that they should come
before the Commission when the have a plan of action rather
than have to keep coming in before he knows what he plans to
do. She also noted that he has hired an engineer.
REQUEST FOR EMERGENCY CERTIFICATION FOR SEA WALL FAILURE AT
CENTRAL WHARF- SALEM MARITIME NATIONAL HISTORIC SITE
Debbie Hilbert, a planner with the National Park Service
addressed the Commission and explained that last spring while
the were surveying they discovered that the Central wharf was
failing. She also noted that the long range plans of the NPS
are to rebuild the wharf next year. She also noted that the
wharf as if it now is a hazard to visitors and the water way.
1
r'
• George Ahmed asked if Ms. Hilbert knew what kind of fill was
used when the wharf was built. Debbie stated that it was a
mixture of everything and was built between the 18th and 20th
century.
Ms . Hilbert explained that they propose to pull the dirt back
from a 1 to 2 slope and store it in' a pile.
John Vallis asked if any work had been started. Ms. Hilbert
stated that a fence had been put up to keep people away from
that area, but that nc dirt had been pulled back. She also
noted that 2 lobster men have access by special permit to use
the wharf, but they will be using the other side, not the side
that is failing.
Motion made by Abby Burns to grant the request of Emergency
Certification for the Sea Plall failure at Central Wharf, to
perform only the work that is an emergency, and that if the
stock pile needs to be covered, NPS will do so, seconded George
Ahmed and approved unanimously.
Richard Femino suggested that the NPS should be required to
come back to the Commission before the end of 1991 with a Notice
of Intent for the rest of the repairs . John Vallis agreed and
• asked Ms. Hilbert if that would be a problem. Ms . Hilbert stated
that she felt they would be able to do that.
Motion made by Richard Femino that the NPS will come before
the Commission by the end of 1991 , and file a Notice of Intent
for all of the repairs that are to be done, seconded by George
Ahmed and approved unanimously.
SALEM SHOE - 24 SAUNDERS STREET - EXTENSION OF PERMIT
Juli Riemenschneider informed the Commission that she had
received a letter from Attorney John Serafini requesting an
extension of the Order of Conditions that was issued on June
23, 1988 for the Salem Shoe Building on Saunders Street. She
noted that the building was torn down in preparation for
building, and the property was leveled and graded but the economy
bottomed out. They are requesting a three year extension.
George Ahmed stated that he did not want to put a hardship on
anyone, but that he is against giving long extensions. He stated
that he would like to see the Commission establish guidelines
for granting extensions. He suggested that the Commission could
grant two years on the first request, and the second request
should be only for one year since regulations and areas change.
John Vallis agreed, and suggested that this request should get
• a two year extension. Juli Riemenschneider suggested that a
letter could be sent to them with the extension requesting the
name of the contractor and to notify the Commission when
2
. construction resumes.
Motion made by Abby Burns to grant a two year extension on the
Order of Conditions for Salem Shoe, 24 Saunders Street, seconded
by Richard Femino and approved unanimously.
OLD/NE•7 BUSINESS
STORY STREET - ALLEGED VIOLATIONS
John Vallis informed the Commission that he had spoken to City
Solicitor Kevin Daly concerning property of Steven Lovely and
Joseph Raby. He stated that Kevin Daly told him that he was
not handling the case and Lenny Femino was on vacation. He
also noted that he had a conversation with David Shea in the
Mayors Office and he indicated that they felt that it would
be a caste of time to pursue the matter, since Mr. Raby is
elderly and Mr. Lovely ' s wife just had a new baby. John Vallis
stated that he informed David Shea that the Commission was
considering filing a complaint in court on their own, and his
comment was - you wouldn' t do that - would you?
Abby Burns stated that she did not think that the Commission
had a choice, since they can' t let people think that the
• Commission would buckle under political pressure.
Motion made by Abby Burns that the Chairman, John Vallis be
directed and authorized to initiate a complaint hearing,
regarding Mr. Lovely and Mr. Raby, seconded by Betsy Horne and
approved unanimously.
John Vallis noted that he is representing the Commission in
the capacity of a member and as the Chairman, not in a legal
capacity.
DEPARTMENT OF PUBLIC SERVICES - LETTER REQUESTING MAINTENANCE
Juli reviewed a letter to the DPS requesting maintenance of
an area on Valley Street. John Vallis signed the letter.
SALEM - BEVERLY BRIDGE
Juli informed the Commission that she had been in contact with
Bob Joseph the consultant for the state, and he will come in
to meet with the Commission for an informal discussion in
September.
69 VALLEY STREET - ENFORCEMENT ORDER
Juli reviewed the enforcement order prepared for 69 Valley
• Street, owned by the Sironi ' s since they have failed to appear
before the Commission with a definite plan.
3
Motion made by Fred Marney to issued a cease and desist order
for 69 Valley Street, seconded by Bob Crowley and approved
unanimously.
MACKEY - LEGGS HILL - POSSIBLE VIOLATION
Debbie Hurlburt reported to the Commission that she reviewed
the file concerning the Mackey Property and gave the Commission
an outline to the events that occurred. Juli noted that she
had unsuccessfully tried to call DEP but had received no
response. She stated that she would send a letter to DEP
requesting information on the status or the matter.
BERTINI 'S
Juli noted that the last correspondence in the file concerning
the appeal was June 22, 1989 . She stated that she would send
a letter to DEP requesting information on this as well . John
Vallis suggested that a copy of the letter be sent to Attorney
John Serafini and to Roger Pelletier.
CLARK AVENUE - ENFORCEMENT ORDER - LETTER REQUESTING .EMERGENCY
HEARING
Juli presented a letter to the Commission that will be sent
• to DEP requesting an Emergency Hearing on the Appeal since the
property is eroding and is a hazard.
APPROVAL OF MINUTES
The minutes to the meeting of July 11 , 1991 were presented for
approval. Motion made by Abby Burns to approve the minutes
of the meeting of July 11 , 1991 , 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 Abby Burns to adjourn the
meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 8:40 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC072591
•
4
. SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, SEPTEMBER 26, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 26, 1991 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, Bob
Crowley, Abby Burns and Fred Harney. Also present were Juli
Riemenschneider, Environmental Planner and Eileen Sacco, Clerk.
Since John Vallis was a few minutes late, George Ahmed called
the meeting to order and stated that the Commissioners would
review the conditions for the Salem / Beverly Bridge before
they start the discussion.
Chairman Vallis arrived and called the meeting to order.
SALEM / BEVERLY BRIDGE - ORDER OF CONDITIONS
Fred Harney recused himself from discussion of this matter.
The Commission reviewed the proposed conditions prepared for
• the project, in detail and made changes and additions where
they felt necessary. Juli Riemenschneider will have the revised
set of conditions retyped and mail them to the Commission before
the next meeting, so that the members can reviewed them, and
be ready to vote of the matter at the next meeting.
Motion made by Abby Burns to table the issuance of an Order
of Conditions for the Salem / Beverly Bridge until the next
meeting, seconded by George Ahmed and approved unaimously.
Mr. Joseph expressed concern that he would like to be able to
tell the Beverly Conservation Commission that Salem has approved
the project when he meets with the Commission on October 10,
which is the date of the next meeting of the Salem Conservation
Commission. John Vallis suggested that he could be first on
the agenda, and could show Beverly the conditions at their
meeting. Mr. Joseph agreed to write a letter extending the
21 days in which the Commission has to approve the project,
until the next held meeting of the Commission.
Motion made by Abby Burns to accept the letter authorizing the
extension by the applicant, seconded by George Ahmed and approved
unanimously.
•
1
PALMER COVE YACHT CLUB - DETERMINATION OF APPLICABILITY
George Ahmed recused himself from discussion of this matter.
Fred Harney returned to the meeting at this time.
John Vallis reported that the Commission had a site visit to
the area. Fred Harney stated that he felt a negative
determination was in order with a condition that the property
be pitched so that runoff runs into the street, and also
suggested that the lynpac compacted.
There being no further discussion, a motion was made by Fred
Harney to issue a Negative Determination with the Condition
that the property be graded so that the runoff goes into the
street and the lynpac be compacted, seconded by Abby Burns ,
and approved unanimously.
CERTIFICATE OF COMPLIANCE - 1 PEABODY STREET
Juli Riemenschneider reported that a letter requesting approval
of a Certificate of Compliance for 1 Peabody Street, was received
from Gulf of Maine Research Inc. She noted that as built plans
were submitted, and suggested that she go look at it before
the Commission votes on the matter. She also questioned whether
• the signature on the stamp was original or a stamp.
OLD / NEW BUSINESS
Juli Riemenschneider reported that she had received a report
that the slope at Tedesco Pond Place was failing and that they
may be in at the next meeting to request emergency status.
She stated that she would take a look at it and see what is
going on. George Ahmed asked if the Commission had permission
to go on the property. Juli stated that she did not think it
would be a problem.
GTE GLASS LAND FILL CLOSURE
Juli Riemenschneider reported that the MEPA Meeting on the
project was held. She noted that the Planning Department was
represented by Bill Luster, Kathy Winn, and Juli. She also
noted that at a meeting held prior to the meeting, Gulf of Maine
Research Inc. , which was hired by the city to evaluate the
documentation provided by GTE, in was noted that there were
concerns that the borings done by GZA were not deep enough and
did not address any material that may have filtered through.
She also reported that there was no assessment done on the
effects of the beach or the danger to the kids who swim there.
Juli also stated that, at the MEPA meeting there was no mention
of removing the glass, and the only discussion was about a
• permeable cap or an impermeable cap.
2
Juli also noted that the Conservation Commission was the only
authority in Salem that has anything to say about this project.
She also stated that GZA wants to come before the Commission
to update their progress .
MACKEY PROPERTY
Juli explained that the decision on the Mackey property had
finally been received by the Commission. She reviewed the
decision and it appears that they were fined $7,500.00 .
STORY STREET VIOLATIONS
John Vallis reported that he had not heard any more from Bob
Grant, concerning the law suit that the Commission wants to
file, but he will see about it before the next meeting.
There being no further business to come before the Commission
at this meeting, a motion was made by Abby Burns, to adjourn
the meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 9:40 P.M.
RESPECTFULLY SUBMITTED BY:
• EILEEN M. SACCO, CLERK
CC092691
• 3
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, SEPTEMBER 26, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 26, 1991 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, George Ahmed, Bob
Crowley, Abby Burns and Fred Harney. Also present were Juli
Riemenschneider, Environmental Planner and Eileen Sacco, Clerk.
Since John Vallis was a few minutes late, George Ahmed called
the meeting to order and stated that the Commissioners would
review the conditions for the Salem / Beverly Bridge before
they start the discussion.
Chairman Vallis arrived and called the meeting to order.
SALEM / BEVERLY BRIDGE - ORDER OF CONDITIONS
Fred Harney recused himself from discussion of this matter.
The Commission reviewed the proposed conditions prepared for
• the project, in detail and made changes and additions where
they felt necessary. Juli Riemenschneider will have the revised
set of conditions retyped and mail them to the Commission before
the next meeting, so that the members can reviewed them, and
be ready to vote of the matter at the next meeting.
Motion made by Abby Burns to table the issuance of an Order
of Conditions for the Salem / Beverly Bridge until the next
meeting, seconded by George Ahmed and approved unaimously.
Mr. Joseph expressed concern that he would like to be able to
tell the Beverly Conservation Commission that Salem has approved
the project when he meets with the Commission on October 10,
which is the date of the next meeting of the Salem Conservation
Commission. John Vallis suggested that he could be first on
the agenda, and could show Beverly the conditions at their
meeting. Mr. Joseph agreed to write a letter extending the
21 days in which the Commission has to approve the project,
until the next held meeting of the Commission.
Motion made by Abby Burns to accept the letter authorizing the
extension by the applicant, seconded by George Ahmed and approved
unanimously.
•
1
• PALMER COVE YACHT CLUB - DETERMINATION OF APPLICABILITY
George Ahmed recused himself from discussion of this matter.
Fred Harney returned to the meeting at this time.
John Vallis reported that the Commission had a site visit to
the area. Fred Harney stated that he felt a negative
determination was in order with a condition that the property
be pitched so that runoff runs into the street, and also
suggested that the lynpac compacted.
There being no further discussion, a motion was made by Fred
Harney to issue a Negative Determination with the Condition
that the property be graded so that the runoff goes into the
street and the lynpac be compacted, seconded by Abby Burns,
and approved unanimously.
CERTIFICATE OF COMPLIANCE - 1 PEABODY STREET
Juli Riemenschneider reported that a letter requesting approval
of a Certificate of Compliance for 1 Peabody Street, was received
from Gulf of Maine Research Inc. She noted that as built plans
were submitted, and suggested that she go look at it before
the Commission votes on the matter. She also questioned whether
the signature on the stamp was original or a stamp.
• OLD / NEW BUSINESS
Juli Riemenschneider reported that she had received a report
that the slope at Tedesco Pond Place was failing and that they
may be in at the next meeting to request emergency status.
She stated that she would take a look at it and see what is
going on. George Ahmed asked if the Commission had permission
to go on the property. Juli stated that she did not think it
would be a problem.
GTE GLASS LAND FILL CLOSURE
Juli Riemenschneider reported that the MEPA Meeting on the
project was held. She noted that the Planning Department was
represented by Bill Luster, Kathy Winn, and Juli. She also
noted that at a meeting held prior to the meeting, Gulf of Maine
Research Inc. , which was hired by the city to evaluate the
documentation provided by GTE, in was noted that there were
concerns that the borings done by GZA were not deep enough and
did not address any material that may have filtered through.
She also reported that there was no assessment done on the
effects of the beach or the danger to the kids who swim there.
Juli also stated that, at the MEPA meeting there was no mention
of removing the glass, and the only discussion was about a
• permeable cap or an impermeable cap.
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Juli also noted that the Conservation Commission was the only
authority in Salem that has anything to say about this project.
She also stated that GZA wants to come before the Commission
to update their progress.
MACKEY PROPERTY
Juli explained that the decision on the Mackey property had
finally been received by the Commission. She reviewed the
decision and it appears that they were fined $7,500.00 .
STORY STREET VIOLATIONS
John Vallis reported that he had not heard any more from Bob
Grant, concerning the law suit that the Commission wants to
file, but he will see about it before the next meeting.
There being no further business to come before the Commission
at this meeting, a motion was made by Abby Burns, to adjourn
the meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 9:40 P.M.
RESPECTFULLY SSrUU�BMITTED BY:
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• EI EN M. SACCO, CLERK
CC092691
• 3
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER. 10, 1991
A regular meeting of the Salem Conservaton Commission was held
on Thursday, October 10, 1991 at 7 : 00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman John Vallis, Abby Burns, Betsy
Horne, Richard Femino, Fred Harney, George Ahmed, and Bob
Crowley. Also present were; Juli Riemenschneider, and Eileen
Sacco, Clerk.
SALEM - BEVERLY BRIDGE PROJECT - ISSUANCE OF ORDER OF CONDITIONS
Fred Harney recused himself from discussion of this matter.
The Commission reviewed the final draft of the Order of
Conditions for the Salem ?Beverly Bridge project prior to the
meeting since there was a lengthy discussion at the last meeting
concerning them. There being no further questions or comments
concerning them, a motion was made by Abby Burns, to issue an
Order of Conditions for the Salem Beverly Bridge project,
seconded by Bob Crowley, and approved unanimously.
• SALEM HOSPITAL - ABBREVIATED NOTICE OF INTENT
Representatives of Salem Hospital were present at the meeting
with a proposal to modify the existing detention basin. The
presented plans and added that the proposed work would also
add aesthetically to the area as well.
George Ahmed expressed concern that the trees should be replaced.
He also stated that he felt that the catch basins should be
maintained, and that no grease or oil should leak into the basin.
John Vallis suggested that no grass clipping should be dumped
into the detention basin.
There being no further questions or comments a motion was made
by Bob Crowley to continue the Public Hearing, seconded by George
Ahmed and approved unanimously. The Commission will issue an
Order of Conditions at the next meeting on October 24 , 1991 .
GTE GLASS LAND FILL DISCUSSION
Dr. Hugh Mulligan was present at the meeting to the discuss
the status of the GTE Glass Land Fill proposal. He noted that
the MEPA meeting was held and that he was not satisfied that
. the information presented was adequate. He also noted that
there was no discussion of the possibility of removing any of
the fill, only the proposed capping with either a permeable
or impermeable cap was discussed. Dr. Mulligan also noted that
• there will be a meeting on Wednesday, October 16, 1991 at 7 :00
p.m. in the Council Chambers on the proposal.
SALEM BUSINESS PARK - FAFARD COMPANIES - EXTENSION OF PERMIT
A representative of Fafard Companies was present at the meeting
to reouest an extension of one year for the order of conditions
#64-152 . He noted that they hope to proceed with their plans
with in that time. There being no further questions or comments
from those present a motion was made by George Ahmed to grant
a one year extension for Order of Conditions 17164-152, seconded
by Bob Crowley and approved unanimously.
NOTICE OF INTENT - NEW ENGLAND POWER SERVICE - COLLINS COVE
David Therrien of New England Power Service was present at the
meeting to discuss their plans to install monitoring wells and
test pits at their site adjacent to Collins Cove. He noted
that the test pits would be open for 2-3 hours for a limited
site assessment.
John Vallis asked how deep the test borings would be. Mr.
Therrien replied that they would be 24" - 18 " and would be 10-
15" deep. He also estimated that the work would take 2 or 3
days.
• George Ahmed expressed his concern that the top soil that is
removed should be removed and kept separate from the rest of
the excavated materials so that it can be placed at the surface
of the pit when it is replaced.
John Vallis noted that construction vehicles should be removed
from the resource area after completion of the work, and that
no oil changes or repairs should be done to the equipment in
the area.
George Ahmed also expressed concern that the test pits should
not be left unattended for any reason, noting that there are
children in the area who might be tempted to investigate them.
There being no further questions or comments at this time, a
motion was made by Bob Crowley to continue the public hearing,
seconded by George Ahmed and approved unanimously.
An order of Conditions will be issued at the next meeting on
October 24 , 1991 .
TEDESCO POND
John Vallis reported that he visited the Tedesco Pond site and
did find that the bank is failing, however he did not feel that
• it was an emergency. He suggested that they be notified that
they should file with the Commission according to normal
procedures.
• OLD BUSINESS
Juli Riemenschneider reported that she has received a copy of
a letter from the Board of Health concerning property on Highland
Avenue owned by Laine Chase. She said that she would go out
to the site and see what is going on.
John Vallis reported that he has not yet obtained a date for
a hearing on the Story Street violations regarding Steve Lovely
and Joseph Raby. He also stated that he would get a date soon.
John Vallis announced to the Commission that he is resigning
from the Commission due to the fact that he is moving out of
Salem to Groveland. He noted that his last meeting would be
November 14 , 1991 .
APPROVAL OF MINUTES
The minutes of the meeting of September 26, 1991 were presented
for approval. Motion made by Abby burns to approve the minutes
of the meeting of September 26, 1991 , 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 Abby Burns to adjourn
• the meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 8:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC101091
SALEM CONSEnVATION COMMISSION
"INUTLS OF MEETIN.G
THURSDAY, IIOVE?1R^3 14 , 1991
regular meeting of the Salem Conservation Commission was held
on Thursday, ^Iovember 14 , 1991 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, Fred I-larney, Abby Burns, and Bob Crowley. Also present
were Juli Riemenschneider, Environmental Planner, and Eileen
Sacco, Clerk.
-EQUEST FOP. DETERMINATION - 13 BEACH AVENUE- ELIZABET-1-I MAIJRAIS
Jim McDowell of Eastern Land Survey Associates was present at
the meeting to present and discuss plans to reconstruct a sea
wall destroyed during the October 30, 1991 storm at 13 neach
Avenue. Mr. McDowell also noted that Mrs . Maurais, the owner
of the property is also his Mother-in-Law.
Mr. McDowell presented plans for the sea wall and noted that
the previous call was stone masonry and the new wall will be
constructed of reinforced concrete. lie also noted that they
will drill into the ledge and pin it with reinforced steel .
• Mr. McDowell also noted that the wall will be 2 or 3 feet above
the mean high water mark.
John Vallis asked if the remaining debris will he bro;:en up.
Mr. McDowell replied that the sea wall is gone.
George Ahmed asked how far the rods would he drilled into the
ledge to secure the wall. Mr. McDowell stated that they would
use epoxy grout and push the robs in 12 inches on center. Mr.
Ahmed also asked if there would be weep holes and Mr. McDowell
replied yes.
John Vallis asked those in attendance if anyone wished to comment
on the project. There were no comments from those in attendance.
Motion made by Abby Burns for a negative determination with
conditions, seconded by Fred Harney and approved unanimously.
The conditions are as follows:
1 . All work shall conform to the plans submitted.
2 . The name and phone number of the person in charge of the
project shall be provided to the Commission.
3. Looming and seeding shall be done in the spring and no
• fertilizers that would be harmful to the resource area shall
be used.
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• AMFPIDMENT OF ORD " OF COP?DITIONS 1 PEABODY STPEET-REPAVE111-2•1T
OF PARKING LOT.
Dr. !high lulligan of Gulf of Maine Research Inc. a6dressed the
Commission and presented revised Plans for the navina of the
.lot at 1 Peabody Street. Ne noted that the revision includes
additional paving of city owned land that has been approved
by the City Engineer with the following conditions:
1 . Approval of the Conservation Commission.
2. That the Pavement be 3 inches thick.
3 . That the City of Salem shall be held harmless .
4 .
The owners will be responsible for damages to City property.
Abby Curns questioned whether or not the area could be landscaped
rather than naved. Dr. Mulligan stated that there is no
landscaping in the area .
George Ahmed asked what the future use of the property would
be. Dr. "lulligan stated that there is an office building nearby
but he did not know what the intended use is, at this time.
He noted that the bank felt that the property would be more
• marketable with the additional land.
Fred Harney noted that he was concerned about the use of mulch
along the wall . Dr. Mulligan suggested that the use of mulch
could be conditioned.
Abby Burns suggested that the Commission visit the site before
malting a decision.
John Vallis asked Dr. Mulligan when they wanted to do the work.
Dr. Mulligan replied that the work would be done next spring,
so there is no hurry at this time.
John Vallis stated that before the Commission amends the Order
of Conditions, there should he a letter on file from the City
Solicitor regarding the use and alteration of the land since
the City owns the property. Ile suggested that the Commission
continue the matter until the next meeting, and the members
would have time to familiarize themselves with the area.
There was no formal site visit scheduled.
KIMBALL ROAD/RERTINI LANE - POSSIBLE VIOLATION
Attorney Michael Smerzynski representing Mr. & Mrs . Pelletier,
and Mrs. Fllis addressed the Commission and stated that the
• Commission had issued an Order of Conditions for work to be
done on the nroperty .in question which required looming and
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seeding. He noted that his clients have noticed vehicles narked
on the area that was to be loomed and seeded and the work had
not been completed. Ile also showed photographs of the area
which showed that the area had been paved at various times with
dates noted on them, since the order was issued. IIe noted that
this material is not consistent with the resource area.
John Vallis reviewed the history of the area and the orders
issued by the Commission. IIe noted that the second time an
order of conditions was issued, the neighbors appealed the
decision and a superseding order of conditions is still pending.
Dr. Mulligan who was still present at the meeting looked at
the plan and noted that the area in question might be outside
of the wetland, and if so it is not the jurisdiction of the
Conservation Commission, and if they are in the wetland they
should file.
John Vallis stated that it needs to be determined if the work
was done in the buffer zone. Ile suggested that the Commission
issue a cease and desist order until it can be determined where
the work is taking place. Ile also suggested that the Commission
have a site visit to see what is going on.
Abby Burns and Betsy Horne agreed that a site visit should be
• made. It was decided that the Commission would meet in the
parking lot at Bertini ' s at 8:00 A.M. on Saturday, November
16, 1991 .
VIOLATIONS
1 . David Cohen - Highland Avenue - Juli stated that she drafted
a letter noting that the area is still a mess and that the
fence that was supposed to be put up has not been done.
She noted that he was given 45 clays to do the work and that
was up June 18, 1991 . She noted that when she was out there
it looked as if it might have been cleaned up a little,
but there was still a lot of debris there. She will send
the letter to Mr. Cohen.
2. Mackey Property - Leggs Hill Road - Juli noted that she
had received a call regarding the property and she went
out and took some pictures. She noted that it looked as
though there was some work being done next to the pond.
It was decided to send a cease and desist order to Mr.
Mackey and see what they are doing.
3 . Clark Avenue - Nicholas Fiore - John Vallis recused himself
from discussion of this matter. Juli reported that Paul
Claveau reported that Mr. Fiore is grading his property
right up to the wall. A cease and desist order will be
issued.
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• Motion made by Bob Crowley to issue a cease and desist order
to Nicholas Fiore, seconded by Abby Burns and approved
unanimously.
4 . Parallel Street - Construction of Fence - Juli reported
that a neighbor reported that someone is building a fence
that could possibly be a violation. Juli will check on
it and report at the next meeting, or have the owner come
to the meeting.
5. 11 Beach Avenue - Wall repair - Juli reported that the owner
had contacted her concerning the repairs and that she had
given him a copy of the procedure from DEP for the repair
of damages from the October 30 , 1991 storm, and that all
he had to do was give the Commission a written notice of
his intent to repair the wall. She noted that she had not
heard from him since and did not know if he had done any
work.
APPOINTMrNT OF A NEW CIIAIBPFRSON
George Ahmed addressed the Commission and stated that he felt
that the term of the Chairman should be limited to 1 or 2 years
maximum. He also stated that he would like to see a
co-chairerson.
• Abby Burns disagreed stating that she felt that it takes about
a year for a person to be comfortable running the meetings since
there is a lot to learn. She also noted that she felt that
a Chairman knows when to step down.
There being no further discussion at this time, nominations
for Chair person were opened:
Abby Burns nominated Betsy Horne. Bob Crowley seconded the
nomination.
George Ahmed nominated Fred Harney. Fred Harney declined the
nomination.
The members decided to table the election of a Chair person
until the next meeting of the Commission, which is December
12 , 1991 .
The Commission decided to have the next meeting on December
12 , 1991 at 5:00 P.M. rather than 7:00 , and Abby Burns will
have Christmas/Going Away Party for John Vallis.
•
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There being no further business to come before the Commission
at this time, a motion was made by Abby Burns to adjourn the
meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 8: 45 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC111491
•
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Salem Conservation Commission
;Minutes of .Meeting
Thursday, December 12, 1991
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 12, 1991 at 5 :00 P.m. in the second floor
conference room at One Salem Green.
.Those present were: Abby Burns, Betsy Horne, Fred Marney,
Richard Femino, Bob Crowley and John Vallis . Also present were
Juli Piemenschneider, and Eileen Sacco, Clerk.
In the absence of Chairman John Vallis who was detained and
arrived late, Richard Femino assumed the Chair and called the
meeting to order.
POSSIBLE•, VIOLATION - TE^_^EAULT MOT TOP - CARNAL STREET - PAVING
IN THE BUFFER. '.ONE.
Attorney Michael Smerzynski addressed the Commission on behalf
of his clients Mr. & "Mrs . Pelletier and Mr. & Mrs. Ellis. fie
reviewed the events that have taken place on the property and
showed the Commission photographs of paving taking place at
various times . He noted that since the last meeting of the
• Commission, the Commission had been to the property for a site
visit.
Fred Harney noted that he felt that the wort; was definitely
taking place in the buffer zone.
John Vallis noted that it was possible that there was no viable
order of conditions in effect because the last one was issued
in March of 1988 and may have expired in March of 1991 .
Richard Femino noted that no work should be going on at this
property since there is an appeal pending at DEP.
Betsy Horne suggested that the Commission issue a cease and
desist order, and have Mr. Bertini, the owner of the property
come in and meet with the Commission.
John Vallis agreed noting that the Attorneys and their clients
try to get together and discuss the matter. He noted that he
wants the Commission to take action on the matter, however it
has to be within the jurisdiction of the Commission and if there
is an appeal pending, the Commission cannot act on the matter.
Attorney Smerzynski noted that the Pelletiers only want to see
that the work is performed in a timely manner and as it was
supposed to be done.
Motion made by Richard Femino to issue a cease and desist order,
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with a cover letter inviting them to come to the next meeting
to meet with the Commission on the matter. The letter will
also inform then that no wor': should be performed unless
authorized.
'_2EQUEST FOR DET=MINATION - 1A PAP.ALLrL STRrE^1 - ANDREW COADY
Andrea Coady addressed the Commission with his plans for the
construction of a fence on his property. He noted that the
property was survey by Carter and Towers but that he has not
received the report yet. He also noted that he is building
the fence himself, with pressure treated lumber, and that he
is doing the work outside of the buffer zone.
John Vallis noted that the applicant submitted a plan which
was a portion of a topographical plan of land dated 11 /11 /87,
which was prepared by Atlantic Engineering & Surveying
Consultants, upon which elan Mr. Coady has identified the
location of the fence in blue pen lines with in the property
lines on the plan. He also noted that when Mir. Coady receives
the plan by Carter and Towers, he should submit it to the
Commission, and the Commission could accept that plan as a
substitute based on the Carter and towers determination.
Motion made by Fred Harney for a negative determination with
• conditions , seconded by Abby Burns and approved unanimously.
The conditions are as follows:
1 . No work, that results in saw dust or wood particles should
be performed in the buffer zone.
2 . No paint or preservatives shall be applied to the fence
without prior approval of the Commission.
3 . The work, shall be done as proposed.
POSSIBLE VIOLATION - MACKEY PROPERTY
Juli noted that the Commission had a site visit to the property
and that it appears that there is work being done out there.
She also noted that she had spoken to Mr. Mackey and told him
to bring proof to the Commission that he is doing the work
outside of the buffer zone. It was suggested to invite Mr.
Mackey to the next meeting to discuss the matter.
SALEM HOSPITAL - CERTIFICATE OF COMPLIANCE - PARKING LOT "Y."
Juli reported that she had received a request for a Certificate
of Compliance from Salem Hospital for Parking Lot "1:" , but that
it should be looked at before the Certificate is granted. She
• noted that they had submitted a letter from a registered engineer
and that it was stamped. She will visit the site and report
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• back to the Commission.
POSSIBLE•. VIOLATION - NICHOLAS FIORE - CONSTRUCTION OF WALL
Juli reported that an enforcement order was sent to Mr. Fiore
regarding the possible violation and that it was sent registered
mail, and was picked up at the post office. She also noted that
he has not contacted the Commission since he received the order,
and that he was given until December 5, 1991 to do so.
John Vallis suggested that he come to the next meeting to discuss
the situation.
OLD / NEW BUSINESS
262 *Highland Avenue - Juli reported that she received a letter
from Mr. Cohens Attorney, stating that Mr. Cohen has evicted
the tenant that was leasing the property and he therefore felt
that the fence was no longer necessary. Juli stated that she
had been up there and it look like it might have been cleaned
up a little. Betsy Horne suggested that they clean up what
remains on the property and the Commission have a site visit
to determine the necessity of a fence.
Wyman road - Juli reported that she received a letter from Atty.
• Martin McNulty regarding the status of the survey the city was
going to do to determine the location of the wetland that is
there. Juli stated that she has attempted to have the city
do this, but they have not had a chance to do so yet.
11 Beach Avenue - Juli prepared a letter to send to Mr. Fennell
regarding his failure to notify the Commission on his plans
to repair his wall damaged by the October 30, 1991 storm. She
noted that she gave him the instructions issued by DEP concerning
the storm and he has not replied.
GTE Property - Juli reported that GTE will be submitting an
Environmental Impact Report, and that they have been required
to submit a Public Improvement Plan which will require public
hearings.
Story Street - John Vallis reported that he has not filed the
suit with the District Court, but will prepare the documents
for the next Chairman to file.
National Par]: Service - Juli reported that the NPS will be in
at the next meeting for a Notice of Intent, concerning repairs
to the wharfs.
APPOINTMENT OF A NEW CHAIRPERSON
• John Vallis addressed the Commission and thanked them for their
support during the last two years . He also noted that he felt
3
that the Salem Conservation Commission was one of the finest
in the area.
Nominations for the office of Chairperson were tabled from the
meeting of November 14 , 1991 . At that meeting Abby Burns
nominated Betsy Horne which was seconded by Bob Crowley, and
George Ahmed nominated Fred Harney who declined the nomination.
There being no further nominations being offered, a motion was
made by Abby Burns to close the nominations, seconded by Fred
Harney and approved unanimously, and a vote was taken:
Abby Burns moved to elect Betsy Horne, Chairperson of the Salem
Conservation Commission, seconded by Fred Marney and approved
unanimously, by those present at the meeting.
George Ahmed was not present at the meeting.
Betsy Horne addressed the Commission and expressed her thank
to the members for electing her chairperson.
There being no further business to come before the Commission
at this time a motion was made by Abby Burns to adjourn the
meeting, seconded by Richard Femino and approved unanimously.
• The meeting was adjourned at 7 :00 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC121291
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