1992-CONSERVATION COMMISSION �on CzCn M �55 � o-�
I � Iqa - ila�IR,6
�ON Cp��
?W z Conservation Commission
0 Salem. Massachusetts 01970
�rC'HA SSNC���
AGENDA JANUARY 9, 1992 UU
Determination: Diane and James Richmond, foY co'instruction of a
house and related site work in a buffer zone, 225
Jefferson Avenue.
Notice of Intent; Public Hearing: ' ZIl3
National Park Service for imrovement to the
Maritime National Historic Site, at Derby Wharf.
Discussion: Bertini property, Kimball Road, possib],e non-
,8lldlij(eN Mp a" compliance to Order of Conditions 64-159 . I'lEtc k✓l lv Nu Q✓dz(
UAC� w
Discussion: Update for One Peabody Street request to amend
Order of Conditions to include additional paving.
• 01Anm 00(cf
Old/New Business - 12qu_(Q kcn+ Cl
-1 **nm �r� 4 � C
1. Mackey property on Leggs Hill .
2 . Nick Fiore property on Clark Avenue.
3. Discussion on ticketing procedure.
4 . PIP meeting within Ed Hawkins from GZA regarding GTE.
5 . Boston gas site classified as ' priority site ' .
6 . Appointment of a New Acting Chair .
7 . Computer File Format.
�fi k
Approval of Min tes
. JM\JM\CONAG
• `;AT.'', ^ � n"TS�'-'dP-'_'10 t Cn i;'?I:iIO"
-,,i MS T.. T I.,T,, 71 , n. nc
A regular meetinl of the Salem Conservation Com.-Ilission is was :geld
on Thursday, January 9 , 1992 , at 7 : 30 P. 9. in the second floor
conference room at One Salem Green.
Those present at the meeting were: Chairwoman ^etsv Horne,
^ichard Femino, "oh Crowley, Fred Harney and George w;h:ned.
Also present :were: Juli Riemenschneider, Debbie T[urlburt, and
Eileen Sacco, Cler';.
n^^E 1" I'?ATIO"i OF Annr,ICAEILI^_P - 225 JT.FFr SO?:T :1V^ - DIAD?"
AND JA'$P:S ^ICTI''10 ?TJ
Tony Fletcher addressed the Commission on behalf of his clients
Diane and James ' ichmond, and presented the plans he prepared
for the construction of a house and related site wor'.:, at 225
Jefferson Avenue. The property is located in the huffer ;one .
"^.r. Fletcher noted that the house would he 26 ' ?: 33 ' on , lot
that is 6,500 s .f. '?e further noted that the property is bounded
on the north side by a retaining wall . The proposal also calls
• for a 600 s .f. driveway.
Mr. Fletcher explained the location of both on the plans and
pointed out areas that have existing oaving. He stated that
the Richmonds will be removing all bituminous paving from the
lot. Mr. Fletcher also noted that they are planning to install
a fence on the east and south boundaries of the property.
3etsy Tlorne stated that she had looked at the site and noted
that there is a retaining wall there now. She asked what type
of fence they are planning to install. Mr. Fletcher stated
that it would be a 9 gauge chain lin): fence.
Richard Femino asked if the house would have a foundation.
Mr. Fletcher stated that there would be a foundation with a
full cellar, and that all materials dug up for the foundation
would be removed from the site.
George Ahmed asked if the new driveway would he sloped towards
Jefferson Avenue. Mr. Fletcher stated that the lot drains north
to south and street goes the other way, so they are going to
slope it towards the street. He also noted that there would
be no sever changes to the topography of the land.
Betsy Horne asked if there was anyone present at the meeting
who wished to speak, in favor or opposition to the proposal .
• There being no response the Commission discussed the proposal.
1
• otion :na<?c by _'icilard e:�ino for a ITDetermination with
conditions , seconded by T'ob Crowlev anc7 apnroved unanimously.
'!'he Comm' ' on ; ill c ^ ' der the c a for the project �
at t next meet ' on Jan 3 , 1097 . U�
07ICP Or I =,NT _ npTIT,IC jl' , I'IC _ riTiTIO,rAT ?A.."TI
Steuart Delzel addressed the Commission and explained the plans
of the Rational Park Service for a two phase project that will
improve and stabilize Derbv :Wharf and Central v'harf. Fie noted
that the first phase calls for the repair of Derbv ',Wharf, by
placing bags of Portland Concrete cement throughout most of
Derby ':!harf. 'le stated that this method was tested on Derby
`.!harf this nast summer and it was successful . Fie further noted
that the test of the concrete was done more to make sure the
',!harf would be historically )reserved ')y using the r,ethod, rather
than for environmental purposes .
:'ir. Delzel also reviewed plans for the reconstruction of a
portion of the stone wall , which is intended to stabilize the
wall.
Phase 2 of the project is the removal of a small nar';ing area
on the site, to allow for the construction of public restrooms
• and showers. Tie noted that the LIPS is looking to relocate the
parking spaces off site.
Ir. Delzel reviewed the dredging that is to take place as well .
;ie noted. that testing shows that the top three feet of soil
is contaminated and will need to be removed to a DI`P approved
land fill . lie also noted that approximately 10 ,000 cubic yards
are suitable to disnosal at the Massachusetts Bay Disposal Site.
He explained that the dredging should take 2 to 3 months and
that a silt curtain will be installed prior to the start of
the dredging. lie also noted that the timing of the dredging
will be so that they avoid the critical spawning period of the
shell fish present.
aichard Femino expressed his concern that the area has a natural
break water and questioned whether the grout bags of cement
would take. Mr. Delzel stated that the bags will be placed
and should hold. IIe also noted that they will be maintained.
"ichard Femino asked if they had any long term studies on the
process. Mr. Delzel stated that they did not.
Betsy Horne asked Mr. Delzel to elaborate on the possibility
of the Friendship being anchored at the Wharf. Colleen Bruce
of the PIPS addressed the question and noted that there is an
overall improvement plan being developed which would hopefully
• allow for the building on or off site of a ship that would be
historically depict the area as it was when ship building was
done in Salem. She noted that the ship would be anchored in
2
• the harbor and would be turned once a year.
Petsv iiorne also noted st the 'IBP!, meeting held on the proposal ,
it was noted that Salem Ilarnor is more contaminated than is
shown on the IPS results . It was noted that the samples for
the testing were taken in June, July, and August of 1990, and.
the bioassays were done in Plovember of 1991
Betsy TIorne also noted that the ?,=A report has been sent to
the Division of Marine isheries. ?Ir. Delzel stated that the
other oroblem that the IEPA meeting raised was that they would
rather see a cofferdam installed rather than a silt curtain
that is proposed. Ie noted that the cofferdam would triple
the cost of the project, making it almost impossible to proceed
with the project.
Richard 7emino asked if the contaminated material that needs
to be removed from the site would be stock ailed until it can
be moved. M..r. Delzel stated that it would be stoc;,piled on
'urges , since it needs to be dewatered before it can be moved.
Betsy Horne referred to page 48 of the proposal ldhich referred
to the Central tIharf timber piles . Mr. Delzel stated that the
timbers proposed - CCA are the only ones allowed by DJ-P.
• ^etsy Ilorne asked if there was anyone present at the meeting
who wished to comment on the project.
Jeff Hyatt of 10 Palfrey Court addressed the Commission and
expressed his concern about the smell of the contaminated soil
that it is to he stockpiled on ;urges during the dredging.
!'9r. Delzel reported that some of the sediment will he disposed
of at sea and the odor should only be present for about 2 or
3 weeks. Betsy Horne suggested that the Commission could make
it a condition that the barges he located away from the houses
in the area.
George Ahmed asked if the area would be secured from the public.
Mr. Delzel stated that the area would be fenced off so that
the public could not get in.
Dawn Hyatt of 10 Palfrey Court asked if they would be doing
the work during the summer. It was noted that the dredging
would not take place until September to avoid the spawning
season. Mrs. Hyatt also asked if the loss of the par!,ing spaces
would affect the area. Colleen Bruce noted that the construction
workers would be asked to use parking on site to avoid taking
up spaces along Derby Street.
Richard Femino asked if the dredging would be done in the water.
Mr. Delzel stated that the dredging would be done with a crane
• on a barge in the water.
3
3etsy T'orne suggested that the Commission should continue the
Puhlic Hearina until ?ebruary 13 , 1992 , so that they may get
the results of the 14EP2k report before giving a decision. She
also suggested that the Commission could discuss possible
conditions at the next meeting.
:lotion made by TWO Crowlev to continue the Public ':fearing until
,ebruary 13 , 1992 , seconded ')y .^.ichard -emino and approved
unanimously.
"he TIPS gave written approval for the Commission to continue
the Public TTearing until February 13 , 1992 .
DISC?JSSIO T 1 nnpn?;�Ty_
Dr. Hugh "ullig, of gulf of Baine Research Inc. reported that
the two Attorneys have met with their clients and are trying
to reach an agreement. Juli reported that she had spoken to
Attv. Serafini and he also indicated that they were wor':ing
out a solution to present to the Commission.
DISCUSSION - UPDATE ODT ONE PEABODY STREET
>3etsv Horne reported that the Commission had received a letter
from the City authorizing them to proceed with the amendment
• to the Order of Conditions for One Peabody Street. Juli noted
that the Commission will advertise for the amendment in the
News, and have the Public Hearing at the next meeting.
OhD/N?''W T3USINESS
Mackey Property - Juli reported that she sent a letter to Mr.
Mackey asking him to come in to the Commission to explain what
he is doing on his property. She stated that he called and
stated that he would do whatever the Commission wanted him to
do. He stated that he would come to this meeting, but Juli
noted that she did not encourage him to attend this meeting
since he had no prepared plans and the agenda was heavy.
Betsy Horne suggested that she would like to see Mr. Mackey
flag his property in the area where he is working, so that it
is clear where the work, is in relation to the wetland.
Nicholas Fiore - Juli reported that Mr. Fiore called her from
Florida,and she noted that he does not seem to want to cooperate.
She stated that he indicated that he would write a letter to
the Commission.
Betsy Horne noted her concern about people who ignore the
Commission and stated that she wants to pursue some method of
• fining them for violations . Juli reported that she had been
in contact with the Town of Barnstable, to inquire about the
method that they use. They are sending her a copy of the
4
procedure. Betsy Horne stated that she would like the members
of the Commission to explore these policies so that the
Commission can work with the Administration to formulate policy
that Salem can implement.
GTE Site - Betsy :Lorne reported that she met with Ed Hawkins
from CZA with regards to the PIP status of the site and he will
be at the next meeting to talk with the Commission.
Boston Gas - Juli renorted that the Boston Cas site has been
classified as a "priority site" .
APPOINTMENT OF A NEW ACTING CHAIRPERSON
Betsy Horne stated that since she was the Acting Chairperson
the Commission should elect a new person.
Richard Femino nominated George Ahmed to be ,acting chairperson,
seconded by Bot Crowley and approved unanimously.
COMPUTER FILES
Betsy Ilorne reported that Juli has started to use a Data Base
to keep tract: of matters that come before the Commission. Juli
gave the members a copy of the information that she could input
into the system. Betsy Horne asked that the members review
it and comment or add information that they feel is necessary.
APPROVAL OF MINUTES
The minutes of the meeting of November 14, 1991 , were presented
for approval . Motion made by Richard Femino to approve the
minutes of the :meeting, seconded by Bob Crowley and approved
unanimously.
The minutes of the meeting of December 12, 1991 were presented
for approval. Motion made by George Ahmed to approve the minutes
of the meeting of December 12, 1991 , seconded by Richard Femino
and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by George Ahmed to adjourn
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
•
CC010992
5
f z Conse vatim Commission
J
Salem. Massachusetts 111970
F� 4W
AGENDA
January 23, 1991 Meeting
&KAA+I,j wta� ih FzIV�
Continuation of Public Hearing; GTE Glass Landfill Clo ure, Notice
� I�"Ct
of Intent project update. ( #64-193 ) wl�c;� ni da) )-D 317dchZ
Request for amendment to the Order of Conditions; One Peabody
Street for pavement of area adjacent to South River . ( #64-188)
Certificate for Compliance for Parking Lot K, Salem Hospital. ( #64-
189)
Discussion and development of Special Conditions for the National
Park Service, Derby Wharf . ( #64-200 )
•
Old/New Business
�N
Discussion regarding Enforcement issues
Mackey Property off Leggs Hill Road, new information,( -
lA Parallel Street , Andrew Cody, have not received survey
Bertini . and Pelitiers ( #64-159 ) will attend next meeting
Commissi`o received eceived DEIR for the SESD Wastewater Treatment
colti,�tt �co�C , �CcC,a� flvu�
App oval o£�Ni-nytes
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jm\juli\agenda23
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O? T ?G
ro(,u aY 'll P.r'tlil! •7c "12 .Ans(Ci77ti�in ',lel (?
on "!1. rscav_ , Janiiary at 7 : �O T).. . in th%2 seccnc `lour
con,erence roo::: �t ?re :;ale.., (?re.on.
'}lose present `:err.: Chairwo.-tian.. ^_ts v 1_orne , .-,o'? Crowley, Y) )y
DUrnS, P.1C i1ar('. 1�e[7ino, and '_'Z'e(' Tarney. :' 150 7YC'seRt hers �Tllll
T'iemeIl chnei(',er, an 'ile^n Sacco, Cler'.:.
('91,7m Ilii) riTl)-! fj^ ?Thi T,^ rTa l_1( - �� ' .ASb ,A7T1-^1LL -_T OS!jI'
•_'r^_(,. arr.C?v f3cused iiimsr1f from discussion of this Rtatter.
^d Hawkins from GZA Environmental addressed the Commission and
stated that the project is in limbo at this time. He noted
that they are going through the MEPA process and are !gaiting
for a final report to be issued. 'Te Stated that the comment
period ended today ( 1 /23/92 ) , but that CTE granted a two week
extension to allow the Secretary to incorporate the comments
from the DIP ?1eetinq that will be held next Thursday, January
30 , 1992 . TTe opened. the ;aeetinq uo to questions from the
• au( ience an(i the Co:mnission.
`^om Capano of 139 Loring Ave. addressed Mr. 3awkins ancl asked
how hard GTE was pushing to cover over the land fill rather
than to remove it. "?r. 'iawkins stated that thev want to wor'.c
with all of the agencies involved and cooperate with them
regarding the lan(1 fill closure.
Ann "ournier of 5l. Cleveland road E;:t. asked if a copy of the
report would be available at the Salem State College Library
as previously requested by the neighbors . Mr. Hawkins stated
that the PIP draft would he available at the meeting on January
30 , 1992, and that they should be able to comply with that
request.
Ellen Galligan of 22 Cleveland Road noted that there is quite
a bit of glass that is uncovered and visible, and asked if GTE
plans to do something about that. Mr. Hawkins stated that they
are still in the approval process and that will be addressed
in the plans.
William Davis of 67 Loring Ave. asked if the chemical spills
would be taken care of. Mr. Hawkins stated that the Mass .
Contingency Plan deals with the entire site, and the NlrPA process
deals with the glass landfill only.
• Robert 331enkhorn, Health Agent for the City of Salem asked if
the Board of Health would be consulted on this project. Dr.
1
1
• Pugh '11111can, -on- ltant :or the cit'i of a m on this !project
C'.
stat—rl that iiner t'. _'loo(, ..azar'' �-7 T.aw the Planni-r. "..oarcl
,..ill reVie.,
f--h•" .rnlcct .=nO.. notliv "ill city .ncics, :1n['? oarc.
or comzr,,=n s nn the nrojcct.
'^hnre 731i1q no tL'r t';lnr ouestinns or Coefl:aents concernlnc: the
')roject at this ti:le a '!1sCnsslon was nel,', on how long. to
continue +--I-- ?ubl_c T.!earinri .
lotion ;wade iv P:'�hy "•urns to continue the Dublic ilearinr to
9arch 12 , 1992 , _.econded by ',ob Crowlev and e.00roved unanimously.
rte.-71 r]•, �.,;-i^n ��-, ,.r,,TIT' T_n _ 01T- -11,1
r^i ;iarnev re-turnod to the 6!e(9t lnc at this tibio .
Dr. i7uc-h 'lul1i ?an `ro21 (.ulf of Maine 'esearch Inc. addressed
the Commission on behalf of alis client George Peabody Cooperative
;lank., requesting an amendment of the Order of Conditions issued
to them that they be allowed to pave a portion of City owned
land that was not included in there original proposal.
Dr. '4ulligan noted that there is a small pile of fill that 1,as
been covered and is frequently uncovered by kids in the area.
ctsy Horne. noted that the Commission has received a letter
• from the City Solicitor regarding the legal status of the
property and conditions that the city has placed on the use
of the property. ^he letter stated that the city needs to be
indemnified from any res-)onsibility of the nroperty.
Fred 'Iarney e,,pressed his concerns that there should be a herm
or curbing placed to prevent runoff . lie also noted that there
are safety concerns . He suggested that perhaps a guard rail
or wooden hosts should be installed as a safety !;ieasure.
It was noted that a minimal amount of hot top should be used
in the area. Juli P.iemenschneider noted that Stan Bigelow
required that a minimum of 3 inches of hot ton should he placed
when he approved the project. Fred Harney suggested that the
3 inches should not be higher than the wall and that the sea
wall should be cleared of all material .
The Commission discussed special conditions for approval of
the project.
1 . Indemnification needs to be finalized.
2. No Parking shall be allowed on the area.
3 . A structure suitable to prevent entry of vehicles into the
South River shall be constructed.
• 4 . A minimal amount of hot top shall be used in the area.
2
• ''o hituminous r:laterial -hall be nLZ eri on the sea wall .
i . �ronerty 1u-t ;0:!r.)I,7 ,'itT) "ernll�ltions ,l.nl'. r0c7iiiT_-']ent5 o
:111 city �7O."tr(JS flnf'. CO'0>:R s31 On .
'lotion maCi^_ Oy VYr/ ".urns tO anti confir5l th] vote of
11 /'9/x)1 , secon(lerl `71,7 .:7red .'urns v an(': anorove(° rinanimouFly.
-1 otion llaCte `)v "red :earner' to alflen(l tho Or.i,eT of Conditions
issuer=: on 11 /29/91 to i.ncludc the 6 additional conditions ,
seconded by P,bhy ";urns and.. approve(1 unani!nously.
I,IC `.'r OF (,O nr,Tl:.�r _ ^,\r •. TiOSjDITj'jT n;.,:;I" 7'
,11.111 ".le:!ten schnei('Inr ;)resented a letter from John ?aulcon n_.
..tlantic 7nglneerint7, u Consult.'.nts re(?uesting a C"rtiflcatc
of Compliance for the Oalem Hospital Par!:ing riot She also
noted that the order of conditions has a special condition
that the parking lot be maintained annually and that the
Commission be notified that the maintenance has been clone. Betsy_
':orne suggested that the Certificate of Compliance be issued
With the condition that a letter be sent to the Commission
annually by December 15, notifying the Commission that the wort:
has been comnleted.
• otion made by ::^ichard Femino to issue a Certificate of
Compliance to Salem T?osni.tal Parking Lot r:, and that the
Commission be notifies: annually by December 15, that the annual
maintenance has been comnleted, seconded. by Abby ^.urns and
approved unanimously.
DISCUSSIMT AND DEVELOPMENT Or SPECIAL CONDI^:IONS FOR PTATIONAL
PA- T: S7EVICE, DF^r3Y 111T.ARF - ( ; 64-200 )
The Commission discussed the pronosed conditions for the NPS,
work to be done at Derby Wharf.
nichard Femino stated that the Chase House has not been informed
of the proposed work and that they are concerned about the smell
that the work will create. He also noted that he feels that
the they should be hauling the fill away daily rather than have
it sit there.
Juli noted that the Peabody land fill required that the fill
be dewatered before they would accept it. She suggested that
the Commission could request that they find a land fill that
would accept it wet, or find an alternative site for it to dry.
Fred Harney noted that he feels that there is too much emphasis
on the contractors responsibility and that when a contractor
is chosen they should meet with the Commission to discuss
• procedures .
3
• Jllli Gilggested that the Corm;iission could loo'.: at the bid
M
documents before eV (-,o to )id.
Juli aa;7 Dch')ie -:;ill finalize the conditions ')eforn the 11111
^O(]3 to til+e ne::t I:'.eetinc', „1(': _7or1: on t`le concerns of the
'..'.o:=ii cion. [ -
oT!'/ .i!�i' TTICI�ITCJ
J•
^etsy '?orne renorted that she :net with 'favor Tlarrington
concerning the issue of enforcinq violations . She noted that
she told flim of the Co:linlsslon' s Concern about violations and
the Commissions inahility to pursue violators . She stated that
the 'lavor expressed concern about the violations as well and
suggested that the Commission should write letters to him
informing him of concerns a;)out possible violations and invited
them to meet with him or ",evin Dal,; to review them.
MACKEY PP.OPERTY
Juli reported that sir. ":ac'.:ev ' s Attorney will meet and craw
up a plan for the next meeting. She noted that Mr. Mackey has
been in touch with Bill Luster and the water level in the pond
was discussed. She noted that the pipe is supposed to be
maintained by the City and it appears that it has not been
maintained. i(r . P^ac?:ey claims that by not maintaining the pipe
the city has caused the level of the pond to raise and has
flooded his land. She noted that it needs to be determined
where 100 feet from the pond should be had the nine been
maintained..
Tletsy Horne informed the Commission that the new member being
appointed to replace John Vallis is Pichard Arms, an Attorney
with the ?1WRA.
APPROVAL OF MINUTES
The minutes of the meeting of January 9, 1992 were presented
for approval. Motion made by Abby Burns to approve the minutes
as amended, seconded by Bob Crowley and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made Abby Burns to adjourn the
meeting, seconded by Richard Femino and approved unanimously.
The meeting was adjourned at 9 :30 P.M.
RESPECTFULLY SUBMITTED BY:
• Eileen 11. Sacco, Clerk
CC012392
4
ION CQt�i
ti
z Conservation Commission
y � Salem. Massachusetts 01970
�[ FW
AGENDA
February 13, 1992
Continuation of Public Hearing; National Park Service, Notice of
Intent , Discussion and development of Special Conditions . ( #64-200 )
Informal Discussion with James Fleming Regarding Construction of a
Driving Range on Swampscott Road.
Old/New Business
-Enforcement Discussion
*Bertini & Pellitier ( #64-159 ) update
*Tri-City Sales
*Fiore
• -Administrative Issues
*Intern
*Special Conditions
Approval of Minutes
EX\DH\21392agn
•
TOT
17 T`,'r T
ITTl(I 7�1-1
regular :,!eetii11a1_,_:,i !-7onscrvaion nm-ii7sion -!as
on ', 1:)
"iurs6av, ernary 13 , 199 at 7 - CM In the seconr, floor
confer-ence room at "Ine ,'alcr.i f7reen.
"'hose oresent were: ChairWol.ian 7etsv Norne , r,eo=,,_ Ahmed, 1.r1-0
.arnev, lichar(l !Pemino, an(! Ah.' y .-1urns Also Uresent were :
Detinle ;'urll)urt , =,-, 7ileen Sacco, (71cr T:
O I-TIII]IIIII 1)T—C-,JF _qJ()oT ;,I , D JIWT7,07"17"2 0--I c;IICT_TAL CUNDTDw.�
:64-200 )
Debbie Hurlburt addressed the Commission and stated that a
meeting was held between Bill Luster, Betsy Horne, and Colleen
Bruce of the National Park Service to discuss the concerns that
the Commission had at the Public llearinq. She noted that the
major concerns were the silt curtain, the dewatering of the
soil, and the combined sewer over flow.
The Commission (Iiscusse(l the nrnnoso(I conditions preoared and
a0clitions anrI (lelotions to them.
"'he Commission noted that future activities 5evoncl those
sQecifieO in this notice of intent -hall reeuire a separate
filing.
I h
Betsy Horne request,--(', that the Contractor when selected should
meet with the Commission to establish the critical path for
the project. aichard Femino questioned if the project would
be awarded to the lowest bidder. Colleen truce replied that
contract would be awarded to the lowest resnonsible bidder and
suggested that a member of the Commission or a designated
representative could attend the pre-construction conference
that will be held prior to any work being started.
Fred Harney requested that the silt fence be inspected every
three days and that repairs be made in a timely manner.
The Commission discussed the dredging process and the removal
of the dredged material. Representatives of MPS explained the
process and the methods of removal and storage with the
Commission. Pichard Femino suggested that they could put barges
out in the water to dry the material, noting that they can not
leave it in the channel because boats will not be able to get
through. He also suggested that they contact New England Power
to see if they could store the barges over there.
• There being no further questions or comments from those present
a motion was made by Abby Burns to approve the Order of
J
• "7i rltion s , '.1i th the _. necl tl conO-i tions 7i .menr�, rdec On(le(!,
r^(% arne- an(` 7;)rovO(' nriani-1011.6 -v
r-i.,:i 9� - I G^- T(l'- � .,�� .�.,: Tc.l r• _ , ten- 71 rr)'.n r;_
rl �l''I17r1
tOrRP_`! ,'a:IIe l ".•2:'l1Rq ;i(1. ' ,s^d the 'comi,.i15310R on !),^-'waif OT
is c'_i^_at `- in Dilisio. "elo`. e(i the Co.j.:::ission Plans of the
area an( i('.entifiec`. lot '') ne__t to `?aynnrr; ,Mastics as the
site for a golf .rivinq range. `-e note('; that they are ;aeetin-
,.1it) the r'n:n:nission to lnfor:;:al l`_; ai;cuss the nlans and. to fret
i rinut fro((i the Col1milss10P. ')ei`Ore ma.=q any (leL init2 7lans .
\�. 'lr_'m;illn^ nOte(l that '1rclers O` fen R.�.i t'_Ons ;lave ')men 1s911e(.
the COirll' is7ion for this Urp;)erty, winch 1s- OwneO ")fir - afar(1 .
*_e also :7tateCl that he felt t'iat they co111 f.'. use the Order oi'
Conditions that has been issued. =ie also added that they plan
to built a new -roa(I to access the rest of the nroperty.
Abby Burns stated that they should not use any chemical in the
area of the wetlands.
P.ichard Femino asked if there would be any ilot top. Atty.
Flemming stated that they felt that the Commission would li'.ce
it ')ettcr if they (lid not use hot 'ton so they have no plans
• to use anv.
"etsv =iorne suggeste(l.. that the Commission make an informal site
visit to roview the pronerty. Tt was ?.ecide(i to hol(l a site
visit at a later (late.
OLP/111 ^USIMISS
One Peai)ody Street - Dr. 'iugh Mulligan presented the
amendedolans for One Peabody Street ,which show the location
of the City owned property which will be paved as per the Amended
Order Of Conditions issued on January 1-3, 1992.
Enforcement Orders
Bertini Property - Betsy borne stated that the State had issued
it ' s decision concerning the appeal of the decision of the
Conservation Commission and issued a Superceding Order of
Conditions that is similar to the one issued by the Salem
Conservation Commission. She noted that she felt that the
neighbors might agree to something now that this had been issued.
Tri - City Sales - Betsy Lorne requested that the Commission
send Will Beaulieu out to the property to see if there is a
problem and if anything has been done to clean up the area.
• Fiore Property - Betsy Horne read a letter from Mr. Fiore
regarding the work that he is doing. She suggested that Will
Beaulieu check the property as well .
II
• ';etsv :'orne annoiincc O. that "'.a Jnr -arr n^,ton "las � vnn th!"'".
Commission :.nO. i nL_rn 2 t ?9S I .7eL:- anct thou ;?ill )" ` 0r:Clnc7
on the !lata ')a.se .
c::1mi.2sion t'1nt
71 list of all of 3n^ci.=.l Conc'itions that the Corcais:ion
used for easv reference.
1!J
`-'he aJ_7roval of the 1ainutcs of the ;leetin(i of Jant.la-v 1992
�:!as nostnone(, ilntil the noxt ...eetinq.
"h^re t)einr no further ')usin•n.ss to come :oefore the Co; mission
:it this iileetln^, S:lotioil VaG ."!ia('.n_ )V �]Jh_' -�ULRs tO aCil oUrII til-n
meeting, seconi+ed h,,, Fro(' ;'arncy anu approved unanimously.
The meeting was adjourned at 9 :40 P.c,.
T2 'SPSCTFTILLY SUBMITTED 3Y;
7ILr,MT M. SACCO, CL' ';'_:
CCO21392
•
•
t = Cameron Commission
Salem. Massachusctis 01970
AGENDA
FEBRUARY 27 , 1992
Request for Determination of Applicability; Sanford Ecological
Services, Inc. representing Amtrak.
Informal Discussion with Attorney Ellen Winkler Representing Paul
Claveau
OLD/NEW BUSINESS
• -79 Valley Street Rupc�,�l
-Mr . Tighe, 1 Weatherly Drive
-DEP, Superseding Order for Bertini
-Sanitary Sewer Connection to Storm Drain at Derby Wharf
-Updated photos for :
-Fiore
-Tri-City Sales
APPROVAL OF MINUTES
EX\DH\CC22792
•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 27, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 27, 1992 at 7 :30 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Abby Burns, Fred
Harney, and George Ahmed. Also present were Debbie Hurlburt
and Eileen Sacco, Clerk.
REQUEST FOR DETERMINATION OF APPLICABILITY - SAN_FORD ECOLOGICAL
SERVICES�INC_- REPRESENTING AMTRACK.
Richard Albano of Sanford Ecological Services Inc. , addressed
the Commission on behalf of his client Amtrack, to request a
Determination of Applicability for two additional delineations
between Jefferson Avenue and March Street. He noted that in
1989 the Commission approved the delineations which are now
used by Amtrack for their spraying along the track. He also
noted that the yearly operational plans of Amtrack are submitted
to the State and City of Salem prior to approval . He specified
that the Mayor, Conservation Commission, Board of Health, and
• the City Council should get copies of it.
Georqe Ahmed asked if they had any documentation of the chemicals
which are used. Mr. Albano stated that he did not have it with
him, but noted that a 21 day notice is required before the
application of herbicides .
Mr. Albano explained the IPM, which stands for the areas beyond
the spray zone. He also noted that Amtrack has sprayed twice
since the dilineations were approved without incident.
Motion made by Abby Burns for a Negative Determination, seconded
by George Ahmed and approved unanimously.
INFORMAL DISCUSSION WITH ATTORNEY JOHN SERAFINI_ AND ELLEN WINKLER
CONCERNING PAUL CLAVEAU - CLARK AVENUE
Attorney John Serafini addressed the Commission on behalf of
his client Paul Claveau, and explained that Mr. Claveau purchased
his property in September of 1988 from David Colpitts. He
explained that since then his property was filled without his
knowledge or authorization. Atty. Serafini noted that his client
has had to expend about $100 , 000.00 to correct the situation.
Atty. Ellen Winkler addressed the Commission and explained that
if they take the steps that the Commission outlined and being
• the slope of the property from 1 .6 to 3-1 they would be creating
a trench in the middle of the property, and felt that it would
1
J
contradict what the Commission hoped to achieve. She noted
that they propose to bring the slope to 2-1 and seed it and
cover it with erosion control matting to allow vegetation to
establish.
Betsy Horne asked if there was any vegetation there. Atty.
Winkler stated that some of the seeding that took place did
take but not enough.
George Ahmed expressed his concern that the bottom of the slope
should be brought back 10 feet to be consistent with the contour
of the standing water.
Betsy Horne suggested that the Commission needs to decide if
they are going to handle the parcels on Clark Avenue individually
or as a group.
Fred Harney expressed his concern that the slope is steep.
Abby Burns suggested that the Commission have a site visit to
the area to see what has happened since the last visit. It
was also suggested that they should meet at the site with Mr.
Claveau ' s engineer before he draws the plans to discuss bringing
back the slope.
• OLD/NEW BUSINESS
79 VALLEY STREET
Debbie Hurlburt explained that she has received a letter from
Mr. Anderson 79 Valley Street, claiming that the DPW did not
do what they were supposed to do concerning the problem of
mosquitoes in the area. She noted that the DPW did the work
that they were supposed to do up there and suggested that she
have the legal department send Mr. Anderson legal opinion of
the matter.
1 PEABODY STREET
Dr. Hugh Mulligan addressed the Commission and stated that the
map that they requested has not been delivered to him, and as
soon as it is he will forward it to the Commission. He also
noted that his clients Attorney is addressing the indemnification
issue.
1 WEATHERLY DRIVE - MR. TIGHE
Debbie Hurlburt addressed the Commission and referred to two
letters that she received from Mr. Tighe of 1 Weatherly Drive
concerning a wet area that seems to be getting bigger. She
located the area on the wetlands map and it was decided to have
• someone go out there and see what it is about. Debbie will
contact Juli Riemenschneider to discuss it with her since she
2
started to handle the matter before her maternity leave.
Debbie also introduced Michael Collins to the Commission. He
is the intern to the Commission, and will be working on special
projects .
STORM DRAIN AT DERBY STREET
The sanitary sewer connection to the storm drain at Derby Street
was discussed and a letter from Stan Bigelow explaining the
matter was presented. Betsy Horne suggested that it is not
a matter for the Commission to address and suggested sending
it to the Mayor' s Office for coordination.
TRI-CITY SALES
Debbie reported that Will Beaulieu took new pictures of the
property at Tri-City Sales , and noted that the site was supposed
to be clean up and a fence installed, but since the owner has
evicted the tenant that caused the problem, he now wants to
back out of the agreement. George Ahmed suggested that the
Commission have the owner clean up the site to what it was before
the tenant created the mess .
NICHOLAS FIORE
• Betsy Horne noted that she received a letter from Mr. Fiore
stating that he would be in touch when he comes back from
Florida. She noted that she wants to stay on top of this matter
and suggested sending him another letter.
Betsy Horne also suggested that she would like to set up sub
committee on enforcement issues so that the Commission can move
to get some authority to issue violations that have some teeth
in them , to avoid situations such as Mr. Fiore 's .
MACKEY SITE VISIT
Betsy Horne reported that she and Bill Luster visited Mr.
Mackey' s property and his complaint is that the City did not
comply with maintenance on a pipe that has caused him to lose
4 or 5 acres of land because the level of the pond keeps rising.
She also noted that he has plans to start a catfish farm on
the property. She noted that the pond is Mr. Mackey' s and the
Town of Marbleheads with in the City of Salem.
TIDAL GATES AT FOREST RIVER
Betsy Horne announced that Abby Burns will be preparing the
tidal gates chart for the opening and closing of the gates,
that the Commission will be sending to the Mayor as a suggested
• guide to open and close the gates.
3
NATIONAL PARK SERVICE - CLARIFICATION OF SPECIAL CONDITION 6H
• Debbie explained that she received a letter of clarification
from the NPS on special condition 6H which stated that they
could dredge 100 c. y. daily during the installation of the
bulk head and they are concerned that this will be confused
with the rest of the dredging. Betsy Horn suggested that they
should send a signed copy of the letter for the file.
APPROVAL OF MINUTES
The minutes of the meeting of January 23, 1992 were presented
for approval. Motion made by Fred Harney to approve the minutes
of the meeting of January 23, 1992 seconded by Abby Burns and
approved unanimously.
The m ' utes of the meeting of February 13 , 1992 were presented
for approval. Motion made by Fred Harney to approve to minutes
of the meeting of February 13 , 1992 , seconded by Abby Burns
and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by George Ahmed to adjourn
the meeting, seconded by Abby Burns and approved unanimously.
• The meeting was adjourned at 9 :45 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CCO22792
•
4
�,��VUY COLT
I
2" z Conservatim C,ommissim
• ;�� 4 Salem. Massachusetts 01970
ASS
�, ac
AGENDA
Notice of Intent; W. R. Construction, Cat Island.
Continuation of Public Hearing; GTE, Broad Discussion of Landfill
and Structure.
OLD/NEW BUSINESS
APPROVAL OF MINUTES
EX\DH\31292
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MARCH 13 , 1992
A _r-egular meeting of the Salem Conservation Commission was held
on Thursday, March 13 , 1992 at 7 : 00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Fred Harney, George
Ahmed, Richard Arms and Thomas Walsh. Also present were Debbie
Hurlburt and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - GTE, BROAD DISCUSSION OF
LANDFILL AND STRUCTURE
Ed Hawkins and Mark Borenstein were present at the meeting to
address the Commission to discuss the status of the land fill
on Loring Ave.
Mark Borenstein addressed the Commission and stated that GTE
wished to put one inch of loam on the base ball field at Pickman
Park to cover the glass . He stated that they want to do so
to protect the children in the area this summer. He also stated
that there would be minor impact from the placement of the soil.
• George Ahmed suggested that the Commission have a site visit
on Saturday at 10: 00 A.M. to see the situation so that the
mem`)ers can address the request.
Richard Arms asked what good one inch of soil would do. Mr.
Borenstein stated that this is a temporary cap to cover the
glass. He stated that they would use sand on the infield and
soil on the outfield.
The Commission decided to have a site visit on Saturday, March
15, at 10:00 A.M.
Ed Hawkins addressed the Commission to give the members a broad
look at the entire proposal by GTE.
He reviewed thri permitting process that has taken place so far
and detailed the plans of the project in the areas that are
not in the jurisdiction of the Commission.
Ann Fournier of Cleveland Road.Ext. addressed Mr. Hawkin^. n%'
asked what is going to happen to the ball park when the wor'.:
is done. Mr. Hawkins stated that the ball field will be there
when the work is done and that it is included on the plans .
Grace Riley of Loring Avenue asked if the land fill behind the
• plant had been started. Mr. 7awkins stated that it has not
been started.
f
Ellen Gallagan of Cleveland Road asked if additional test borings
• have been done. Mr. Hawkins replied no. Ms . Gallagan also
asked why the glass is not going to be removed. She noted that
she felt that if they are going to excavate it and move they
should just take it out. Mr. Hawkins stated that the analytical
data that they have is not suggestive of a large impact to the
environmental setting, and that there is no justification from
a risk prospective to remove it, so why spend the money.
George Ahmed noted that two feet of additional fill would affect
the runoff. He asked where the runoff goes now. Mr. Hawkins
stated that most of the surface water infiltrates right through
to the ground. George Ahmed asked if a study had been done
on the impact of the runoff. Mr. Hawkins stated that they have
not.
Robert Blenkhorn, Health Agent for the City of Salem noted that
if detention basins are not present, they have to provide for
the runoff somewhere else.
Mr. Hawkins stated that they are in the process of evaluating
the effects of triclorolethene. Betsy Horne asked if the TCE
will chemically breakdown over a period of time. Mr. Hawkins
stated that it would and that they documented well , what it
can break down.
• Motion made by George Ahmed to continue the Public Hearing until
March 26, 1992 , seconded by Richard Arms and approved
unanimously.
NOTICE OF INTENT: W. R. CONSTRUCTION CO. - CAT ISLAND
Bill Rice of W. R. Construction Company addressed the Commission
and presented plans for the construction of a pier/gangway system
in order to provide access to an existing float. He noted that
the project is in the buffer zone to a resource area classifiable
at a Coastal Bank. He further noted that the proposed project
would not adversely effect the stability of the coastal bank
as required by law.
The Commission discussed special conditions that they would
attach to the Order of Conditions. It was decided to use
conditions # 1 , 2 , 3, 4, and 13 . George Ahmed suggested adding
that this prohibition will also include the filling or
transferring of petroleum products into boats.
Motion made by George Ahmed to issue a Order of Conditions with
Special Conditions, seconded by Fred Harney and approved
unanimously.
•
J
• OLD/NEW BUSINESS
Betsy Horne noted that the Commission will have a site visit
on Saturday on Clark Avenue, to meet with Mr. Claveau' s
engineers.
Debbie Hurlburt stated that she had talked with Mr. Tighe from
Weatherly Drive and that he is concerned about the water there.
He is also concerned that the Condo Association will be
responsible for any damage caused by it. , noting that trees
are dying, and there is a problem with mosquitoes.
Betsy Horne requested that Debbie gather all available
information on the Mackey Property so that they can determine
if Mr. Mackey has a legitimate complaint about the level of
the pond and the City' s responsibility to clean the pipe.
Debbie also informed the Commission that the property located
at Tri -City Sales is in the Entrance Corridor District, and
chain link fences are not allowed. She is requesting an opinion
from Len Femino regarding the situation.
Debbie also informed the Commission that the Salem Hospital
will be at the next meeting to present plans for a day care
center to be located on Colby Street.
• APPROVAL OF MINUTES
The minutes of the meeting of February 27, 1992 were presented
for approval . Motion made by Fred Harney to approve the minutes
of the meeting of February 27, 1992 , 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 George Ahmed to adjourn
the meeting, seconded by Fred Harney and approved unanimously.
The meeting was adjourned at 9 :45 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC031292
•
��oN co��
z C on' Commission
Salem. Massachusetts 01970
F,� e
HASS;
AGENDA
MARCH 26, 1992
Continuation of Public Hearing ; GTE Glass Landfill Closure,
Location of Boring Sites ( #64-193 ) .
"'*** � �� ^F `e^t-�Da�@-a.r=ewe-�i�l�`t`y==a•l�Co�=by=Sareea=at=t,he=Regg�re s t"
-o- [�_ s Rin -ffas.
Old/New Business
-Ticketing Process
Approval of Minutes
EX\DH\AGN32692
•
t
SALEM CONSERVATION COMMISSION
MINUTES OF MARCH 26, 1992 REGULAR MEETING
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 26, 1992 at 7: 00 P.M. in the second floor
conference room at One Salem Green, Salem, MA.
Present were: Chair Bets Horne George Ahmed Bob Crowle
Y . 4 � Y,
Fred Harney, Richard Arms, Thomas Walsh, Abby Burns, Acting
Conservation Administrator Debra Hurlburt, and Debra Tucker,
Acting Clerk.
CONTINUATION OF PUBLIC HEARTING: GTE GLASS LANDFILL CLOSURE
The public hearing for the GTE glass landfill closure project
regarding the location of boring sites ( #64-193) was continued.
Commission member Fred Harney recused himself from the matter.
Mark Bornstein of GTE and Ed Hawkins of GZA appeared before
the board to present proposed wells and borings reviewed with
Gulf of Maine. Two wells were proposed by GZA for groundwater
monitoring where excavation may have occurred previously and
at the center of the landfill. Dr. Hugh Mulligan proposed
• a third at the right side of the landfill to give a good indication
of what happens at the extreme south side.
Borings will be conducted to characterize the glass and materials
in the landfill. Dr. Mulligan proposed additional testings
at 6 holes throughout the landfill from the surface to the original
ground level. He added that the original borings appear to
be shallow, and that additional testings will help.
Mark Bornstein and Ed Hawkins reviewed their plans for boring
and testing as well as areas to be excavated and backfilled.
Richard Arms asked what tests were planned. Ed Hawkins replied
that a TCLP leachable extraction test would be performed. Four
to six inch borings at five foot intervals would be done for
sampling purposes. Ground water monitoring would be done with
two inch pvc piping and tested for metals and materials. Ed
Hawkins answered Dr. Mulligan' s question about a scope of work
for the testing program by stating that GZA could provide a
short description of the work since no formal Application of
Determination of Applicability was required.
Dr. Mulligan wanted to make sure that GZA will be using a fair
representative of data. GZA and GTE feel that there will be
enough testing and that no further testing will be required.
• He stated that this will depend upon the results of the initial
tests.
I
Page 2 of 6
3-26-92 Minutes of Conservation Commission Meeting
Ed Hawkins stated that their MCP submittal is due within three
months. They will roll the Phase II report information into
this. He did not forsee any additional borings for the wetland
area. During any actual excavation a field representative would
be on site. If nothing out of the ordinary or different than
expected is found, then no further testing will be needed.
Anything unusual found will be appropriately tested. Dr. Mulligan
stated that some additional borings would be helpful to them
and provide more information for the board.
Ed Hawkins answered George Ahmed that it costs approximately
$1,500. 00 for each boring. They intend to stop and test and
address any problems found when boring. George Ahmed asked
if any of the findings for this project are reported to the
Salem Board of Health. Ed Hawkins replied that they would add
them to the mailing list if they wished.
Betsy Horne expressed concern that a large area on the map was
not covered by wells or by borings. She wondered how they could
establish an overall picture if these areas are not being tested.
Ed Hawkins answered that there is no reason to think that there
would be any different material in these areas. Betsy Horne
questioned whether both depth and location are important to
the project, and Ed Hawkins answered that they are. He stated •
that there are seven wells, nineteen soil probes, and forty
sediment sample locations on this site.
Abby Burns asked when the saltmarsh had been filled originally.
Ed Hawkins said that he did not know when. George Ahmed felt
that it would have occurred in the 1940' s or 1950 ' x. Abby Burns
asked which parts of the site were filled first. Ed Hawkins
replied that the western lobe was filled in the 1950' s.
Dr. Mulligan stated that he had reviewed the tests and results.
The groundwater appears to be in reasonably good condition but
not acceptable as a drinking water standards go with cadmium
present. There have been no solvents, organic volatile compounds,
nor beryllium found. The fill material appears to be glass
according to TCLP testing and an acid soil test. No metals
have been observed coming out. The site doesn't appear to be
of major environmental concern.
George Ahmed asked if the site could have chemically cleansed
itself and carried the materials further down in the beach or
wetland areas. Dr. Mulligan answered that the beach area had
been tested, but that he had questioned the testing done there.
Betsy Horne asked whether enough places had been tested to answer
the question of the new sand dumped that may have covered any
problems. She wanted to know if the intertidal zone had been •
tested as well. Ed Hawkins stated that the testing occurred
at the low and high tide water marks and as a result sediment
i_
Page 3 of 6
• 3-26-92 Minutes of Conservation Commission
and not sand was tested. Dr. Mulligan stated that any chemicals
and metals present could be from the glass area as well as from
parking lot run off and storm drain overflow. He questioned
the organic compounds from the composite such as chloroform
and MEK. He suggested continuing the Public Hearing until another
meeting.
Ed Hawkins explained that no drill rigging or big machinery
had been used in the previous borings. He felt that adequate
testing had been done through one inch of natural soil and three
to four feet of glass and natural organic materials. Dr. Mulligan
said that since the area is a landfill it has an element of
the unknown. He asked if the only materials are the glass related
ones or if there were any oily materials found.. Mark Bornstein
answered that he wasn't aware of any.
Ed Hawkins explained that during the PIP process Raymond Rd.
residents were interviewed. Some had been there since the 1920 ' s
before GTE was there. This interviewing and the GTE historical
records as well as agressive testing were the basis for all
findings that glass is the constituent material present. The
summer/fall of 1993 is the slated time for excavation and related
work.
• Ed Hawkins stated that he would check the older log records
and field notes regarding the ommission of the word glass.
He felt that this was probably a clerical error.
The discussion was opened up to the public.
Bob Blenkhorn of the Salem Health Department asked if the depth
of the fill had ever been determined. Ed Hawkins replied that
using historical topographical plans they have a good idea. of
the depth and volume. Mr. Blenkhorn asked if the absorption
of the natural runoff was hindered by landfill materials. He
asked if excavation could occur without disturbing the natural
water table. Ed Hawkins answered that as per FEIR restoration
would be to the historic salt marsh condition. The MEPA process
defines excavation and filling process. George Ahmed asked
Mr. Blenkhorn if he receives information concerning this project.
Mr. Blenkhorn replied that he receives information, but that
his department has issued no formal opinion. Mr. Ahmed felt
that the Conservation Commission should have the Board of Health
involved maybe as an order of conditions. Mr. Blenkhorn said
that he would be comfortable being a part of the project.
Tom Campano of 139 Loring Ave. had questions about the area
where sand had been added. He wondered if any cadmium is present
• since this is a low area where residents tend to congregate
and any materials would appear to settle there. Dr. Mulligan
answered that a well could be placed on that site. Mr. Campano
Page 4 of 6
3-26-92 Minutes of Conservation Commssion •
felt that the area and soil had not been tested. Mark Bornstein
answered that the whole area had been sampled. There were no
wells placed there because it is too close to the water' s edge.
Ed Hawkins said that there is a well near the area.
Tom Langlois of 38 Buchanan Rd. asked what the plans were for
the railroad tracks. Mark Bornstein replied that they would
be covered over except for the B&M tracks.
Betsy Horne, Abby Burns, and George Ahmed all felt that additonal
borings would be a good idea. Mark Bornstein replied that the
material is going to be removed so that additional borings would
not be necessary. George Ahmed warted more testing in the swimming
area near the walkway. Mark Bornstein answered that the area
is influenced by all of Salem and would not be useful. Mr. Ahmed
stated that the board would determine what was useful. Mark
Bornstein answered tha_ he did not, want useless testing performed
at the expense of GTE. George Ahmed wondered if Mr. Bornstein
was worried about what would be found. He replied that he knew
what had been found and was not interested in going on a fishing
expedition. He cited a nearby lead foundry as another example
of other industry in the area that could affect the waters.
Mr. Blenkhorn said that he could sympathize with Mr. Bornstein
since there are other contributors. •
Bob Fraser of 452 Lafayette St. stated that more samples from
the beach would not help since the area had been dug out and
filled with sand. He added that the area is now filled with
muck. Mr. Langlois felt that the sand had washed away. Betsy
Horne said that there seems to be no way to know where the muck
came from since there is two way tidal action in the area.
Mr. Langlois said that area CW2 on the map is collapsing and
cited a house at the corner of Monroe and Lincoln Streets which
is split in two as an example.
Mark Bornstein felt that the metals in the landfill are not
leaching out since they would not leach out and then stop.
The leaching would be continuous. Mr. Blenkhorn said that the
area water met bathing health requirements over the last six
to eight years, but that chloroform levels are the only thing
for which the Health Department tests.
Abby Burns stated that if Dr. Mulligan and Mr. Blenkhorn are
happy with the work being done then she was too. On Dr. Mulligan' s
suggestion Betsy Horne asked Ed Hawkins to research the field
logs and to get in touch with Dr. Mulligan. She added that
if anything else but what is suspected is found in the area
then GTE is to install additional borings in the area. Mark
Bornstein answered that he agreed and told George Ahmed that •
he would fax the information to Dr. Mulligan. Betsy Horne asked
Dr. Mulligan to contact either Debra Hurlburt or herself.
Page 5 of 6
• 3-26-92 Minutes of Conservation Commission
Ed Hawkins stated that the Phase II report will be completed
by the end of June and the PIP meeting will be held in July.
He will send copies of the report to the Conservation Commission
at the end of June.
Betsy Horne moved to continue the public hearing for the GTE
glass landfill closure project to July 9, 1992. Bob Crowley
seconded the motion, and the vote was unanimous.
George Ahmed thanked Bob Blenkhorn for taking time out of his
busy scedule to attend the public hearing.
Fred Harney returned to the Conservation Commission meeting.
NOTICE OF INTENT: DAY CARE FACILITY AT COLBY STREET
The matter of the Notice of Intent regarding a proposed day
care facilty at Colby Street at the request of Salem Hospital
was postponed until a special meeting to be held Thursday, April
2, 1992 at 7: 00 P.M. The board discussed some of the concerns
of the residents that may be brought up at that meeting. Betsy
Horne suggested that any members who are unfamiliar with the
site may want to visit before the meeting if they are able.
I
• OLD BUSINESS
Udrie_ArT mstg contacted Debra Hurlburt regarding her parcel
of land on Clark Ave. purchased from Mr. Colpitts. Ms. Armstrong
is considering joining with Mr. Claveau in obtaining a land
survey. April 15, 1992 is the deadline for Mr. Fiore to file
a Notice of Intent. The Conservation Commission conducted a
site visit two weeks ago. Debra Hurlburt read Mr. Fiore' s letter
to Chairperson Betsy Horne into the minutes.
The commission discussed concerns raised by Mr. Tighe of Weatherly
Drive regarding a growing pond of water behind his house. The
water was much lower when he bought his property. He wonders
if there is a collapsed culvert nearby. Betsy Horne commented
that she did not believe that this matter fell under Conservation
Commission jurisdiction. She asked that the records be checked
regarding any order of conditions that may have been issued
regarding drainage.
Debra Hurlburt read aloud a letter to the Board of Health copied
to the Conservation Commission. The letter stated concerns
regarding fill being dumped at the Salem High School soccer
field. There has been other unclean materials in the fill observed
l being dumped there by the City. Debbie Hurlburt will check
• to see if the DEP has superceding orders of condition for this
site.
Page 6 of 6
3-26-92 Minutes of Conservation Commission .
Debra Hurlburt presented to the commission information concerning
ticketing procedures which she compiled from five area communities.
S' ie asked that the commissioners review the material and make
any recommendations. Ms. Hurlburt reported that according to
Chapter 178 of the Wetlands Protection Act, a community is more
successful at ticketing and receiving money back when they do
not ticket at the maximum allowable rate. She suggested that
the commission consider more modest fines.
v
George Ahmed suggested that as does the Building Inspector the
Il Conservation Commission should have names of any violaters published
iri the Salem Evening News. This could be an effective deterrent.
[Abby Burns added that this should be done after a violator has
b� en warned.
George Ahmed brought up the subject of the Secondary Sewerage
Treatment Plant. He asked that the Commission consider asking
the Mayor and City Council for approval to extend the Commission' s
jurisdiction to five hundred feet or more along coastal waters.
Betsy Horne asked if the plant was exempt from the Commission' s
jurisdiction because of a federal court suit as the Superfund
and Salem Acres are. Richard Arms replied that they may not
be exempt. He cited the Quincy shipyard as an example.
Betsy Horne noted that the Commission may see more cases of •
dumping in wetlands with bans on curbside leaf and yard waste
pickup. She asked that the board send a letter to the Mayor
detailing the Commission' s concerns. Abby Burns added that
it would be good to check into the matter especially since there
is a recycling committee in Salem.
Abby Burns invited the Commission to the March 31st morning
meeting of Salem Sound 2000. There will be a panel discussion.
Debra Hurlburt answered George Ahmed that Salem is a Massachusetts
Conservation Commission member.
There being no further business to come before the Conservation
Commission, a motion was made by George Ahmed to adjourn the
meeting at 9:23 P.M. Abby Burns seconded the motion, and the
motion was approved unanimously.
Respectfully �pbmitted by:
l
n )
Debra A. Tbucker, Acting Clerk
•
SALEM CONSERVATON COMMISSION
• MINUTES OF MEETING
APRIL 2, 1992
A Special Meeting of ,the Salem Conservation Commission was held
on Thursday, Ap=i1 2, 1992, for the purpose of holding a Public
Hearing, at the request offS11em Hospital, to hear their proposal
to construct a Day Care Center-on Colby Street. The meeting
was held at One Salem Green, in the Second floor conference
room at 7: 00 P.M.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Bob
Crowley, George Ahmed, and Richard Arms. Also present were
Juli Riemenschneider, and Eileen Sacco, Clerk.
Chairwomen Betsy Horne addressed those present and stated that
there has been much opposition to this project, and reminded
those present that the Commission could only address issues
which are within their jurisdiction.
Attorney James Flemming, representing the abuttors to the project
addressed the Commission and attempted to have the hearing
cancelled, . stating that the petitioner has not received Planning
Board approval and that it is a violation of the rules and
regulations . The Commission conferred and decided to go ahead
• with the Public Hearing.
Attorney John Serafini , representing Salem Hospital, addressed
the Commission and stated that the Hospital has done extensive
surveys, studies and analysis, on the project. He stated that
there is a need to provide day care at the hospital for the
employees, particularly the nurses. He also noted that they
have lost several nurses to other hospitals which provide day
care for their employees.
A representative of Schofield Brothers of Framingham addressed
the Commission and explained the site. He reviewed the area
which is a bordering vegitative wetland. He noted that the
parking area is susecptible to erosion, and that the area has
had drainage problems over the years . He also noted that they
plan to replace an existing 8 inch pipe with a 12 inch pipe
and tie into the drainage system at 100 Highland Avenue. New
grates will also be installed which will not clog up with leave
and debris. He also noted that they have met with the City
Engineer, Stan Bigelow several times to resolve the drainage
problems in the area.
Fred King, an Environmental Planner explained the erosion and
sediment control plans . He stated that hay bales would be
installed and a silt fence would be laced around the round
P g
• area of the pond to sediment near the head wall . He also noted
that the pond would be lowered prior to the installation of
1
• the head wall . Mr. King also stated that catch basins would
be installed with gas and oil traps, and the new parking area
will also have grit and oil chambers . Atty. Serafini presented
a letter from the City Engineer which was read into the record
and is attached to these minutes .
George Ahmed asked if Salem Hospital owned the pond. Atty.
Serafini replied yes. George Ahmed asked if the neighbors used
the pond. Atty. Serafini stated that he thought that some would.
George Ahmed asked what the roof covering could be. It was
noted that the roof would be a fiberglass asphalt roof system.
George Ahmed asked about the condition of the pond. Aerial
photographs were compared, and it was noted that no filling
had occurred from 1965 . It was also noted that there would
be no negative impact to the resource area from the project.
Richard Arms referred to the erosion problem in the parking
area. It was noted that a berm would be around the entire
parking area and the runoff has to go through the drainage system
before it goes to the pond.
George Ahmed noted that there was a machine shop located in
the area years ago, and noted that perhaps trucks had been
parking on the lot. Atty. Serafini noted that the machine shop
was located on the opposite corner from the lot in question. .
• Tom Walsh asked what happens to the oil and grit waste in the
catch basins. Atty. Serafini stated that they would be pumped
out once a year, unless it needed to be done more often.
Betsy Horne asked if the city would be responsible to maintain
the drainage system. It was noted that the city has agreed
to maintain the 100 Highland Avenue portion of the drainage
system.
Betsy Horne also noted that 2 locations on Colby Street have
been listed a 21E sites by DEP. She asked that they be located
in relation to the project.
Betsy Horne also asked about the number of parking spaces to
be located on the site and who would be parking there, noting
that overflow parking could affect the wetland. It was stated
that there would be 22 parking spaces used for short term parking
for the drop off of children who would use the center.
Juli Riemenschneider referred to the plan and questioned why
the fragmite were not considered vegetation. It was noted that
when the plans were done the fragmite were not as plentiful
as they have been.
• Betsy Horne asked if the water quality of the pond would be
affected. It was stated that the water quality would be enhanced
2
f
• by eliminating the erosion going into the pond.
Richard Arms asked if the water level had risen due to the
inadequate drainage system, and if that was the sole reason
for the increase. It was stated that the drainage was a large
factor.
At this time the Public Hearing was opened up to comments from
those in attendance.
Attorney James Flemming addressed the Commission and stated
that his clients wish to have the area restored to its original
state as promised by the hospital. He also stated that they
contend that the land was filled without proper permits and
that the wrong doer should have to restore that before filing
a Notice of Intent.
Atty.. Flemming also reiterated his concern that the Planning
Board had not issued a Special Permit. Betsy Horne responded
to that issue noting that the Commission normally give the
Planning Board the Order of Conditions before they issue a
Special Permit.
Councillor Leonard O 'Leary addressed the Commission and presented
additional names on a petition and several documents detailing
the history of the problems in the area. He also noted that
• Salem Hospital said that they would remove the parking area
when they were granted and easement for the parking area that
they constructed behind the Hospital last year.
Marianne Letarte of 15 Colby Street addressed the Commission
and noted that the plans look as if there is a vast amount of
land between the lot and the pond, but that over the years
plowing has pushed closer to the pond and she is afraid that
the construction could cause more damage.
Richard Perlman of 14 Colby Street addressed the Commission
and stated that he is concerned about the water level, and noted
that over the years he has observed filling. He also noted
that the parking area is lin pac. He also requested that the
driveway not be located across from his property.
Dr. Patrick Curtin one of the owners of 100 Highland Avenue
Trust, addressed the Commission and related his experiences
while building 100 Highland Avenue. He also stressed that he
and the Drs . involved in the trust don't want to see the area
impacted. He also referred to an agreement that he signed with
the city, and Salem Hospital concerning the drainage.
Robert Theriault of 41 Greenway Road addressed the Commission
and stated that he is concerned about losing a nice wetland
• and feels that the city could refine the pond. He also noted
that he is concerned about the effects of hot top on the pond.
3
• Stan Porier of the Greenway Road Homeowners Association expressed
his concerns about the drainage in the area, and the water
problems that they have had over the years. He also noted that
they are opposed to any further encroachment of the wetlands .
Ellen Simard of Hillside Avenue addressed the Commission and
stated that the pond is used for ice skating, fishing and she
has seen turtles in the pond. She questioned the use of lind
pac and noted that over the years it has been pushed over the
bank, and she did not understand how more building would solve
the drainage problem.
Mrs. DiVirgilio of 5 Almeda Street addressed the Commission
and stated that she feels that the Hospitals plans will help
the drainage situation. She also stated that she feels that
the lowering of the pond will help. She related her problems
of drainage since the building at 100 Highland Avenue was built.
Ron Tremblay of 10 Almeda Street noted that he does not have
any water problems, but stated that he did not see that the
building would help.
Vince Parziali of 8 Almeda Street stated that he has lived in
the neighborhood for 4 months and that he bought his property
because of the area. and the wildlife that is around the pond.
• He stated that he would like to see the area return to its
natural state.
Mr. Letarte of 34 Hillside Avenue noted that he is opposed to
the proposal and that he would like to see it returned to its
original state.
City Engineer Stan Bigelow stated that he reviewed the drainage
proposal and that he feels that it is good. He also noted that
the wetland is not fully utilized and there is a lot of potential
for flood storage. He also noted that he made several
suggestions during the review, and feels that the natural
features of the site were used well. He also noted that peak
discharge will be reduced by 60%. He also emphasized that his
concerns about the drainage problems were addressed and that
he is not commenting on the use of the property.
Betsy Horne read a letter from Mayor Neil J. Harrington,
concerning the proposal, and requesting that the petitioner
submit to a voluntary site plan review by the Planning Board.
Ray Letarte of 15 Colby Street stated that he is opposed to
encroaching on the wetland any further.
Atty. Flemming made final comments to the Commission. He stated
• that the impact of the wildlife has not been addressed, and
that additional pollution will result from the gas separators.
4
I
• He also noted that there were no studies presented on plant
and animal life, or fisheries . He also questioned if the size
of the building would meet the requirements of MEPA regulations .
Atty. Serafini also made final comments . He stated that the
pond is privately owned by Salem Hospital, and that at no time
has the Hospital ever prevented the neighbors from using it,
nor would they do so in the future. He also noted that this
location is the only available property to put the day care
center, which is critical to maintaining quality health care
at the hospital . He also stressed that the hospital has been
cooperative with the city in designing the drainage system which
is a key element to the area solve and prevent drainage problems.
The Commission decided to hold a site visit on Saturday, April
4 , 1992 at 8: 30 A.M.
Motion made by Tom Walsh to continue the public hearing until
the next meeting of the Commission on April 9 , 1992, seconded
by George Ahmed and approved unanimously.
Motion made by Richard Arms to adjourn the meeting, seconded
by Bob Crowley and approved unanimously.
The meeting was adjourned at 10 : 15 P.M.
• RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC040292
• 5
CITY OF SALEMI
CONSERVATIOIi COMMISSION
The Salem Conservation Commission will hear
a Request for a Determination of Applicability,
under the Wetlands Protection Act,Massachusetts
General Laws Chapter 131, Section 40, at the
request of James Michaud. The proposed work,
located at 140 Bay View Avenue,consists of a new
foundation under rear of the house,close in porches
and enlarge rear deck.The Request will be heard
on Thursday,July 8,1993 at 7:00 p.m.,One Salem
Green, second floor conference room.
BETSY HORNE, Chair
July 1, 1993 SN19356
CITY OF SALEM
CONSERVATION COMMISSION
Will hold a public hearing for a Notice of Intent
under the Massachusetts Wetlands Protection Act,
Mass.G.L.Chapter 131,Section 40,at the request
of New England Power Company. The proposal
involves a Phase II Site Investigation for the prop-
erty located at Waite and Planters Streets. The
work includes installing monitoring wells and exca-
vating bath test pits and shallow hand excavations.
This hearing will be held on Thursday,July 8,1993
at 7:00 p.m.,One Salem Green, second floor con-
ference room.
BETSY HORNE, Chair
July 1, 1993 SN19355
S�ov �oN
{z Conservation Commission
rSalem. Massachusetts 111970
"Ass.
Meeting Agenda
April 9 , 1992
1 . Continuation of the Salem Hospital hearing for construction of
a Daycare Center on Colby Street #64-202 .
2 . Discussion of the resolution between the Bertinis and
Pelleteirs regarding Order of Conditions #64-159.
Old/New Business
3 . Extension Permit; Fafard First and Traders Way #64-201
4 . Extension Permit; Farfard 58 Swampscott Road #64-178
(Possibly the 21E site)
• �5 . Weatherly Drive
Sa_ « wul(I
6 . Boston Gas
� 7 . Discussion regarding Vice/Co-Chairperson
8 . Discussion regarding 500 ' jurisdiction limith-W hwuq- sw- q M
$e -, ke
9 . Advertising violators
10 . Composting letter
11 . Files
12 . Ticketing Procedure
_ �� (P 117 Fl-
titi,
II
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, APRIL 9 , 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday April 9, 1992, at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Richard Arms, George
Ahmed, and Abby Burns. Also present were, Juli Riemenschneider,
and Eileen Sacco, Clerk.
CONTINUED PUBLIC HEARING - SALEM HOSPITAli DAY CARE CENTER t
Atty. John Serafini Sr. addressed the Commission and asked that
the Commission to continue the Public Hearing until the next
meeting on April 23, 1992, so that they can address the questions
and concerns raised at the last meeting. He also noted that
the engineer for the project was unavailable this evening.
There being no objection, a ,motion was made by George Ahmed
to continue the Public Hearing until April 23, 1992, seconded
by Abby Burns and approved unanimously.
Atty. James Flemming requested that those residents who came
• to the meeting this evening be allowed to speak. Betsy Horne
agreed, noting that they should be residents who have not
expressed their comments at the previous meeting.
George Ahmed suggested to Atty. Flemming that at the next meeting
he should try to keep the public comment to a minimum and
recommended that residents who wish to make comments could write
a letter to the Commission if they are unable to attend.
Atty. Flemming stated that they would like to see data showing
how they arrived at the historical water level of the pond.
Stan Porier of the Greenway Road homeowners association addressed
the Commission on behalf of Jean Deschamps of 10 Greenway Road,
who was unable to attend the meeting. He presented pictures
that were taken in August of 1991 after a flash flood had
occurred.
Linda Vaughan of 38 Greenway Road addressed the Commission and
asked if there were any plans to test for hazardous waster
on the site. Atty. Serafini stated that there are no plans
to test for hazardous waste ahead of time, but that it would
be required for financing.
Corneilus Crean of Greenway Road asked where the water would
• be drained to. Atty. Serafini noted that the plans indicate
that the water would go through the drainage system across
1
J
• Highland Avenue.
Roger St. Pierre of 7 Greenway Road addressed the Commission
and stated that he is concerned about the holding tank.
Mr. Marcus of 9 Greenway Road addressed the Commission and noted
that he gets water in his basement.
Ray Letarte of Colby Street stated that he is against running
the storm drains into the pond.
Ellen Simard of 37 Hillside Ave. noted that she is concerned
about the use of salt during the winter months and the effects
on the pond. She also noted that when the dorms at Salem State
College were built wildlife was displaced.
Mr. Letarte of 34 Hillside Ave. noted that he is concerned about
vegetation around the pond. He also noted that he had contacted
Mass Fish and wildlife and spoke to a Mr. Hoyt, and was told
that lowering the pond would have a significant effect on the
wildlife.
Atty. Flemming offered closing comments and asked the Commission
to consider the reason that he felt Salem Hospital wants to
lower the pond. He stated that building codes require that
there be five feet difference between the base of the building
and the level of the pond, and he feels that the reason for
• the lowering of the pond is because of the elevations.
Betsy Horne noted that she had received letters concerning the
matter from Councillor Jane Stirgwolt, Maryanne Letarte, and
Stan Porier.
The matter was continued until April 23, 1992.
BERTINI PROPERTY DISCUSSION
Atty. Serafini reported that a resolution between the Bertini ' s
and the Pelletier' s should be completed by the April 23 meeting.
George Ahmed suggested to Atty. Serafini that the Bertini ' s
could turn Rosies Pond over to the city. Atty. Serafini stated
that years ago there was some discussion about building on a
portion of the land and giving the rest to the city.
EXTENSION PERMIT FAFARD
Betsy Horne noted that ,there are two requests from the Fafard
Company to extend permits for First St. and Traders Way and
one for 58 Swampscott Road. She also expressed concern that
there is a site on Swampscott Road listed as a 21E Site. She
suggested that they approve the extensions, pending confirmation
• of the location of the 21E sites. Richard Arms stated that
he would check on the location.
2
J
• Motion made by George Ahmed to grant a one year extension for
the permits for First St. and Traders Way, and 58 Swampscott
Road, seconded by Abby Burns and approved unanimously.
WEATHERLY DRIVE
Betsy Horne reported that it has been discovered that the
Swampscott Cemetery may have activity leading to this property.
She suggested that they be referred to the Town of Swampscott.
BOSTON GAS
Betsy Horne reported that the Commission has been notified that
there has been gas leakage into the Collins Cove Area and that
Boston Gas has put a boom out in the ocean.
,ADVERTISING'VIOLATOR�
Betsy Horne reported that while the Commission may not be able
to advertise violators in the newspaper, she would like to see
a(sucomm
b_ ittee-set"up� s to-addresthe -tickeCing-procedure that
the Commission would like -to implement. Richard Arms stated
that he would be willing to serve on the committee. George
Ahmed also stated that he would be willing to serve as well.
• SALEM HOSPITAL DAY CARE CENTER
The Commission discussed areas of concern and prepared a list
of things that they would like to see from Salem Hospital as
follows :
1 . Water quality classification.
2 . Monitoring - now and three months after completion.
3 . Soil testing for hazardous constituents.
4 . An alternate plan that does not use the pond for storage.
5 . Lowering of the pond and the impact of it.
6. Level of the pond during the summer, and the impact of a
three foot drop in the pond.
7. The present depth of the pond.
8. Plan showing the parameter of the pond.
9 . Square footage of bordering vegetative wetlands
• 10 . Alternate plan of drainage rather that using the pond.
3
Juli Riemenschneider will FAX these items to Atty. Serafini .
•
GTE REQUEST TO COVER BASEBALL FIELD WITH SOIL
Betsy Horne reported that since the Commission would require
GTE to file a Notice of Intent to do the work that they have
suggested, they are not going to proceed with the placing of
soil on the baseball field at Jackman Field.
APPROVAL OF MINUTES
The minutes of the meeting of March 13, 1992 were presented
for approval. Motion made by George Ahmed to approve the minutes
of the meeting of March 13 , 1992, seconded by Abby Burns 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 George Ahmed and approved unanimously.
The meeting was adjourned at 9: 10 P.M.
RESPECTFULLY SUBMITTED BY:
• EILEEN M. SACCO, CLERK
CC040992
• 4
w"" CITY;OF-SALEM.
'l w"CONSERVATION,COMMISSION 'x04'
- :�.:.
P NOTICE OF PUBLIC HEARING.
I On Thursday.April 23;,1992 at 7:00 PM. The
Salem Conservation Commission will-conduct a`
public hearing for a Notice of Intent,,under the
Wetlands Protection Act kG.L.Chapter131 Sec-
fLon 40,at the request of Paul Claveau#Proposed
work on I:ot 116 Clark Avenue,consists of remedial:.
site gradrainage;of a proposed housing;,
lot^The hearing will take place at One Salem'
Green Second Floor Conference Room
BETSY;HORNE„ Chairperson
A
pr 6, 1992= ^'�+ d " SN80632',
,--.n'1 can makesources to support of
4 nowledge of facts or candidate.
MUT
r
Y
�eO CITY OF SALEM
'CONSERVATION COMMISSION
.NOTICE OF REQUEST"FOi3.DETERMINATION
.. '-On Thursday,.April 23;-3992 at 7:00 P.M. the
Salem�Conservation ComGrissicm will:conduct,a
+discussion for a Request for•,9etermination,under "s^
the Wetlands Protection Act,M.G.L.Chapter 131;
Section 40,at the request of City of Salem Depart-
ment of.Pulilic
epart-ment'of.Pulilic Services:•Proposed'work at 34
q'SwampscottRoad includes stockpiling,processing "
and composting leaves and yard wastes.The hear-
ing will take place.at One Salem Green"Second N'
,,Flo r Conference Room.— ` "`" 4-, 1.,
A ��,,,�lb�,_ BETSY HORNE,'Chairperson
.A Y'8, 19921' SN80640
'gles-can,i eDrwtms!14"room new 4 bdrm.Garrison Colonial
condo for only $75,900. at a very realistic price!Fpl'd.
BEVERLY, This 2,000 sq. ft. 3 living room,big family rm.,walk.
bedroom 21/: bath half-housF, out bsmt., super family yd. w/
is an incredible buy at only Pool and hill s.Compare and see
$126,0001 the value! $174,900
SALEM - Private location and
panoramic views.Custom built
(508)774-2710 7 rm. Colonial, 3 yrs. young.
Family room w/catherdral ceil-
ing&skylights,decks,attached
CENTURY 21 garage. $1m. 00
SALEM - Elegant 10 rbrick
NORTH SHORE Colonial. 4+ bdrms., finished
3rd if htd. sunrm., fpl., gum-
$139,900.NORTH SALEM.Affor- wood jacuzzi, steam shower.
Terri is condition. $249,000
debts family home, fenced-in SALEM - Victorian 5+ rm.
yard,eat-in-kitchen,»normal dim- contlo.in classy brickbldg„h.w.
a`14\UN C�'�i
zW ? C Xm COmmisim
Salem. Massachusetts 01970
J(, (lYclt� l � 1�0V t}�
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KdOW( 0j
/C) 2
MEETING AGENDA Key Z
APRIL 23 , 1992
1 . Continuation of Hearing, Notice of Intent; Colby Street Day
Care Center, Salem Hospital .
• 2 . Notice of Intent; Lot 116 Clark Avenue, Paul Claveau. Work
includes grading, seeding and installing a drainage structure.
3. Determination of Applicability; 34 Swampscott Road, Stan
Bigelow City of Salem Public Services Department . Work
includes stockpiling, and processing leaves and yard waste.
Old\New Business
4 . Election of Back Up Chairs. e
ui
5. Fafard Extensions.
tzo r-
THE SALEM,MASS.,EVENING NEWS—TUESDAY,APRIL 14, 1992 1
SALEM
City slips on leaf disposal program ; 5
A News staff report at the curb. May 4-8 on regular trash collec- concerning the pickup of solid
SALEM — Citycouncilors say Ward 6 Councilor Sarah M. tion days. The city's public works waste that the state adopted last
they have been beseiged with Hayes said she also received nu- trucks will follow the regular year, Bigelow said. In time, the
calls from angry residents who merous complaints. trash collection routes on those state won't allow other recyclable
have been cleaning their yards ofdays and pick up the yard waste. materials such as aluminum cans,
Councilors said the city should "Residents should place the some plastics and other yard
leaves, and been left holding the have had a program in place leaves in bags, apart from their waste and paper to be collected
bags.- when the state law went into ef- regular trash to allow for easy for disposal in landfills,he said.
The councilors said the city has fect this year. identification and collection. "We are also going to be collect-
been slow to handle a new state The city was working on a re- These leaves will be stored and ing leaves later this year in the
law banning the collection of yard gional leaf composting program. processed for eventual compos- fall and will announce those col- .
waste in regular trash pickup. In the interim, Public Services ting,"Bigelow said. lection dates at an appropriate
Ward 7 Councilor Mark E.Blair Director Stanton W. Bigelow an- Since Monday, April 20, is a time,"Bigelow said.
said trash collectors have been nounced that the city will have holiday, the leave pick-up will ac- If residents have any questions
poking holes in trash bags at the special pickup of leaves waste at tually begin on April 21. regarding leave collection, they
curb to check if they contain yard curbside for Salem residents dur- The ban on leaves is one of a should contact the city's DPW ga-
waste and then leaving the bags ing the weeks of April 20-24 and series of laws and regulations rage at 744-3302.
12 THE SALEM,MASS.,EVENING NEWS—TUESDAY,APRIL 14, 1992
BEVERLY
'You're going to be rais- HEY, SPREAD OUT
ing the rates every single
year for the next seven `
years.' �m
George Zambouras,
public works commsioner €
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SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
APRIL 23, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 23, 1992 at 7: 00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Richard Arms, Bob
Crowley, George Ahmed, Abby Burns, and Fred Harney. Also present
were Juli Riemenschneider, and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - COLBY STREET DAY CARE CENTER
NOTICE OF INTENT
The public hearing on the Notice of Intent for the proposed
Day Care Center on Colby Street for Salem Hospital was continued
until May 14, 1992 . The reason for the continuation was so
that the applicant can have water quality testing done on the
site and report back to the Commission. Motion made by George
Ahmed to continue the Public Hearing until May 14 , 1992, seconded
by Richard Arms and approved unanimously.
NOTICE OF INTENT - LOT 116 CLARK AVENUE - PAUL CLAVEAU
• Attorney Ellen Winkler of Serafini , Serafini and Darling
addressed the Commission on behalf of her client Paul Claveau.
She explained the history of the property which was purchase
by Mr. Claveau in 1988 and since then has been filled without
his consent by David Colpitts, which created a steep slope that
encroaches a buffer zone to the wetland.
Atty. Winkler presented plans which call for bringing the slope
back to 2-1 , installing a matting material to stabilize the
slope long term and maintain a silt fence.
George Ahmed asked if any soil sampling had been done. Atty.
Y
Winkler stated that they has not done any but that you can tell
that it is different material than what was recently placed,
since this was done early:
Abby Burns questioned the 2-1 slope. Atty. Winkler noted that
runoff is collecting upstream and chanellized into a closed
pipe system to dissipate into the rip rap. She also noted that
the vegetation would take more readily.
Richard Arms noted that several sources were used for the fill,
and asked if they knew the origination of the fill that was
place on this property. Paul Claveau stated that the fill was
placed in 1989 and he believed that it came from Cambridge.
• Atty. Marty McNulty representing abutter Janet Mulvihill stated
1
.y
that he felt that the fill improved the lots in that area making
them buildable. He also noted that his client ' s property is
lower than these lots and he is concerned that their property
looks up at the fill and questioned what the Commission intends
to do to compensate his client.
Julie Armstrong who owns the property beside Mr. Claveau stated
that they are not buildable lots and that she is concerned
because she also needs to correct the problem on her property
and may not have the same resources to spend a large amount
of money on the correction. She also noted that she supports
Mr. Claveau ' s plan and that she has been talking to Mr . Claveau
concerning the problem.
Fred Harney asked Mr. Claveau if he intends to live on the
property. Mr. Claveau stated that he did. Fred Harney also
recommended that the hay bales and silt fence be maintained
during construction and possibly beyond that. Fred Harney also
suggested that any excavated material for the foundation of
the house should be trucked off site unless it is found to usable
material.
George Ahmed asked if the hay bales would still be at the edge
of the stream when the slope is pulled back to 2-1 . Atty.
Winkler stated that they would be in place.
• George Ahmed also noted that if the Commission accepted this
proposal it may be forced to accept it as a solution to the
other lots involved. Atty. Winkler stated that she felt that
the Commission should handle each lot individually since she
felt that they would find different materials on each lot and
the circumstances would change.
Bob Crowley noted that Mr. Colpitts created an impossible
situation in that area and that he felt that this is the best
that the Commission can get. Fred Harney agreed.
Betsy Horne stated that the Commission would prefer to handle
the area as a whole but that under the circumstances that is
not possible at this time.
Julie Armstrong noted that she is willing .to work with Mr.
Claveau to clean up her property, but expressed concern that
if Mr. Colpitts does not fix his property on the other side
of her, it will all slide onto her property.
Ray LeBlanc of 5 Clark Avenue stated that he purchase the first
lot on the opposite side of the street, and noted that he
supports the plan because if nothing is done the situation will
not improve.
• Mrs . Porter of 3 Clark Avenue stated that she would like to
see the house built so that she does not have to look at the
2
f
mess anymore.
There being no further comments or questions, the Commission
discussed possible special conditions to be attached to the
Order of Conditions .
Motion made by Fred Harney to approve the Notice of Intent with
Special Conditions, pending the issuance of a DEP file number,
seconded by George Ahmed and approved unanimously.
DETERMINATION OF APPLICABILITY - 34 SWAMPSCOTT RD. - CITY OF
SALEM PUBLIC SERVICES DEPARTMENT
Stan Bigelow addressed the Commission and explained that he
is in the process of preparing the site for leaf storage
operation behind the city transfer station. He noted that he
is proposing to temporarily stock pile leaves until a permanent
location can be found. He also noted that they are considering
a site behind St. Mary' s Cemetary for a possible regional
composting site with Peabody and Danvers .
Mr. Bigelow also noted that Beverly has a full composting site
in operation with less space than we are considering here.
He also noted that he has been looking for a site for over a
year for this project.
• Betsy Horne asked when they would be accepting yard waste.
Mr. Bigleow noted that yard waste could be mixed with leaves .
Motion made by George Ahmed for a Negative Determination,
seconded by Richard Arms and approved unanimously.
OLD / NEW BUSINESS
BACK UP CHAIRS
Betsy Horne explained that she expects that she may be missing
quite a few meetings sue to other commitments , and that a Vice
Chair person is needed.
George Ahmed suggested that all members take turns on a monthly
basis . Abby Burns disagreed stated that she felt that it would
be best to have one person be the Vice �
Chair erson and nominated
Chairperson,
Richard Arms to be Vice Chairperson.
George Ahmed noted that he was voted Vice Chairperson at a
previous meeting, and stated that he would resign.
Motion made by Abby Burns to elect Richard Arms Vice Chairman
of the Conservation Commission, seconded by Bob Crowley and
approved 4-2 with Richard Arms and George Ahmed abstaining.
•
3
APPROVAL OF MINUTES
The approval of the minutes of the meetings of March 26, April
2 , and April 9 , 1992 was postponed until May 14 , 1992 .
Richard Arms informed the Commission that he has a friend that
is working on her masters degree in public policy and that she
would like to volunteer for the Commission.
Juli Riemenschneider informed the Commission that she would
no longer be staffing the Conservation Commission, because
someone informed the Mayor that she was not doing a good job
and he requested that she not handle it anymore. George Ahmed
stated that he would like a letter sent to the Mayor from the
Commission stating that Juli did a good job for the Commission.
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 George Ahmed and approved unanimously.
The meeting was adjourned at 9 . 30P M
RESPECTFULLY SUBMITTED BY:
• EILEEN M. SACCO, CLERK
CC042392
4
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF PUBLW HEARING
On Thursday, May 14, 1992 at 7:00 p.m., the
Salem Conservation Commission will hold a public
hearing under the Wetlands Protection Act,M.G.L.
Chapter 131, Section 40 at the request of Donald
Morse in behalf of Bakers Island Wharf Co. The
proposed work involves replacement of damaged
pier located at Bakers Island. The hearing will
be held at One Salem Green,second floor confer-
ence room.
BETSY HORNE;
Chair
May 1, 1992 SN81005
r �
{z Consery m C®mmmm
Salem. Massachusetts 111970
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will
hold its regular meeting on Thursday, May 14, 1992, at 7 : 00 p.m. ,
One Salem Green, second floor conference room.
Betsy Horne
Chair
TENTATIVE AGENDA:
• 1 . Notice of Intent - Bakers Island
2 . Continuation of Public Hearing - Colby Street Child Day Care
Facility
3 . Scheduling of Tidal Gates
4 . old/New Business _ ' pyo a.��� JtS I CLC��Ie� �o OJGIn�a
5 . Approval of Minutes
-March 26, 1992
-April 2, 1992
-April 9, 1992
EX\DH\CC51492
• SALEM C014SERVATIOM COMMISSION
MINUTES OF MEETING
THURSDAY, MAY 140 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 14, 1992 at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Richard Arms, George
Ahmed, Tom Walsh, Fred Harney and Bob Crowley. Also present
were Debbie Hurlburt, and Eileen Sacco, Clerk.
NOTICE OF INTENT - BAKERS ISLAND PIER REPLACEMENT
Mr. Donald Morse, representing the Baker' s Island Trustees
addressed the Commission and requested approval of a Notice
of Intent for the replacement of damaged deck planks and piles,
which were damaged in the October 30, 1991 storm. He explained
that they need to replace 100 feet from the shore to the third
set of pilings, using the same configuration as before. He
also showed the Commission photographs of the damage, noting
that the remainder of the pier needs no repairs.
George Ahmed asked how le_n_q the repairs would take. Mr. Morse
• replied that it should take three , ( 3) days. George Ahmed also
asked how the structure would hold up to future storms . Mr.
Morse stated that the wharf is a strong structure and. that it
is 30 years old. He explained that they plan to be able to
remove every other plank during the winter months.
The Commission reviewed possible conditions for the project.
Richard Arms asked if anything would be stored on the wharf.
Mr. Morse stated that nothing would be stored on the wharf and
that the materials that need to be mixed for the project would
be done from the existing structure.
George Ahmed asked if Mr. Morse would be supervising the job.
Mr. Morse replied that he would be there but that they are hiring
a contractor to supervise.
George Ahmed also noted that he would like to see all trash
removed from the site on a daily basis.
Betsy Horne asked if anyone in attendance would like to comment
on the project. The was no one in attendance who wished to
comment on the project.
Motion made by George Ahmed to close the public hearing, seconded
by Richard Arms and approved unanimously.
• Motion made by George Ahmed to approve the Notice of Intent
n1 �n
• with Special Conditions, seconded by Fred Harney and approved
unanimously.
CONTINUATION OF PUBLIC HEARING - SALEM HOSPITAL DAY CARE CENTER
COLBY STREET.
Betsy Horne noted that the Commission was waiting for some
additional information from the Hospital and had not received
it yet.
Attorney John Serafini addressed the Commission and stated that
they have the information requested and that the Engineer for
the project Bruce Ey, would address those issues.
Mr. Ey addressed the items which the Commission requested in
a letter April 10, 1992 to Salem Hospital. He stated that the
they checked to see if the state had ever classified the water
quality of the pond and found that they had not. He stated
that they had the water tested and a report on the findings
would follow later in the meeting.
Mr. Ey stated that the soil testing requested by the commission
was not performed since they see no visual reason to do so.
He suggested that the commission could make that a condition
- of approval..
• Mr. Ey addressed the square footage of the bordering vegetative
wetland. He noted that it was fund to be 1 ,120 S.F. and that
no alterations are proposed in the area. He also noted other
areas of vegetative wetland not in the area proposed.
Mr. Ey addressed the elevation of the pond and reported that
they found the existing outlet when the they took measurements.
He noted that there is an 8 inch pipe submerged in two feet
of water, which is plugged up and causes the pond to have an
unusually high elevation.
Mr. Ey explained the alternative to their plans that the Hospital
now proposes, noting that they would like direction from the
Commission. He stated that knowing the normal elevation of
the pond is higher than anticipated they plan to lower the pond
one ( 1 ) foot from where it is today, . and it would give enough
volume. He also noted that the catch basin on Colby Street
would go directly to the pond, and half of the parking area
runoff, and the runoff from the roof of the building as well.
He also stated that this plan does not accommodate the drainage
solution worked out with the city.
— Nancy PalmstTom--audresscu iii2 %Juuiri ooiv: and raportad herfindi^_Ry --
from her assessment of the pond. She noted that she conducted
a one day field site assessment, taking water quality samples
• in 2 locations and performed depth sounding measurements in
10-15 locations. She also measured depth of sediments. She
2
• reported that the water quality results showed that the water
contains nutrients that stimulate plant and algae growth with
in the pond. She noted that the concentration of those nutrients
can vary day to day and even seasonally. She noted that she
looked at the algae, and it was low to moderate in concentration
and there was extensive growth of philamente algae. She also
noted several mats of algae forming on the surface of the pond.
She stated that the state had not classified the pond, but that
it would be classified as class B, swimable and fishable use
of the pond.
Ms. Palmstrom stated that adding runoff to the pond would
increase the nutrients to the pond, and that directing runoff
to the pond would not be changing the function of the pond but
increase the use of the pond. She also stated that the water
level fluctuation would have no significant effect on the aquatic
life in the pond, since the proposed decrease is not dramatic.
Mr. Ey stated that this alternative that they propose will reduce
the peak flow 20o downstream on Highland Avenue. He also noted
that by lowering the pond one foot they would be able to solve
Mr. DiVirgilio ' s problem.
George Ahmed asked if the parking area is going to drain into
the pond, why is there no trap to catch it first. Mr. By replied
•
that the__trap, would have to he much larger but it is an
alternative that can be considered.
Richard Arms noted that he was concerned that there are no oil
and grease separators because the city drainage may not
accommodate them. Mr. By stated that it could be addressed
and the that they welcome direction from the Commission.
Ms. Palmstrom stated that she noted a large number of turtles
in the pond, and that the water clarity was good. She also
noted that she saw one goldfish and no other fish in the pond.
Bob Crowley asked if the pond in its present state would stagnate
over the years. Ms. Palmstrom stated that as it got older it
would fill in over time, but it is a matter of what rate that
would occur.
George Ahmed asked if they knew how many gallons of water would
be draining through the pipe going from the pond outlet towards
Highland Avenue. Mr. By stated that they do not have volume
or gallon calculations. .
Richard Arms asked if they plan to do any blasting during
- •_ -By replied that tIV : ` to but-
.._. , uvuou u�.tlOn. hri • ."_,. ..
might be able to drill and chip what they need to.
• Betsy Horne opened the meeting up to public comment at this
time.
3
• Atty. James Flemming, representing the neighbors in the area
addressed the Commission and commented on the information
provided. He stated that the area has been referred to as a
parking lot and it is a bank in a buffer zone, and that the
petitioner created the problems there. He also commented that
it is unfair to utilize the existing drain that was placed in
there under the Hatch Act. He also noted that a month ago there
was going to be no impact from the plan, and now it is less
than ,ideal.
Atty. Flemming also stated that lowering the pond even one foot
would cause alot of things to happen. He also noted that the
soil analysis requested by the Commission was not complied with.
He also stated that he saw no flags on the property, and that
it was supposedly flagged on September 21 , 1990 .
Atty. Flemming also noted that lowering the pond 258 will leave
the pond a puddle. He also disputed that there are no tish
in the pond noting that he knows someone who caught a bass in
there.
Mrs. DiVirgilio presented a letter on behalf of her husband
who was ill and unable to attend the meeting, supporting the
project.
• Dr. Pat Curtin addressed, the. Commission and noted that the onsite
receptacle system referred to was designed for his building
and that no one knows where the drainage from his 25 inch pipe
under Highland Avenue goes.
Vincent Parziale of 8 Almeda Street noted that he was concerned
about the effects on the quality of his well water. Betsy Horne
stated that they have asked for information concerning private
wells from the city and have not received it yet. Atty. Flemming
noted that studies should be done on the impact on well water.
Gilbert LeTarte of 36 Hillside Avenue noted that the system
is not working now and that he feels that sending more water
over Highland Avenue would make it worse. Mr. Ey explained
the use of the pipe and stated that by holding the water in
the pond the flow would be reduced.
Betsy Horne read letters concerning the project into the record
from Councillor George P. McCabe, Mass. Audubon of the North
Shore, Stan Porier of the Greenway Rd. Homeowners Association,
Rita Dennison, and Councillor Stanley Usovich.
Ellen Simard of 37 Hillside Avenue asked if the salting of the
'- ivnua in the w.iu a.cr: wuiaum would have an affect. Cl3"e 'Paimaa.a.ud1
stated that she would not expect an adverse impact on the aquatic
life of the pond.
•
4
• Mr. Levesque of 32 Hillside Ave. noted that he has cleaned the
edge of the pod himself and has fed Canadian Geese there as
well.
Marianne LeTarte of 15 Colby Street stated that she feels that
if the and is only 4 feet then lowering it one foot can be
P Y . 4
significant. She also stated that she feels that the hospital
hopes that the pond will dry up do that they can build more
buildings.
Councillor Leonard O'Leary stated that he stands behind the
neighbors and also noted that he knows that the city has saved
thousands of dollars by using salt rather than sand in the winter
months, and that they will continue to -do so.
Louie Morin of 6 Glover Street stated that the runoff increase
would affect the fish along the sides of the pond.
Atty. John Serafini addressed the Commission and stated that
they have tried to present the neighbors with accurate
information. He also stated that it is private property and
that they have never denied the public access, nor to they intend
to do so. He stressed the need for day care and the fact that
the hospital needs to provide it, and that the hospital will
address problems. He also stated that the day care center would -.
• be owned and operated by Salem Ho-
-pit--!-Atty. Flemming disputed the statement that the day care center
would be owed and operated by Salem Hospital
Mrs. Jaworski of Greenway Road stated that she is not against
Day Care, but felt that the hospital could locate it somewhere
else.
Diane Clark stated that she works at Beverly Hospital and noted
that it would be more convenient for the employees if it were
located on the campus of the hospital.
It was requested that a letter to the Editor of the Salem Evening
News dated August 1982 from Christine DiVirgilio, concerning
the use of the property as a parking area be read into the
record.
Bob Crowley noted that the pond is private and there is nothing
to stop the hospital from putting a six foot fence around it.
Richard Arms pointed out that the original plan would have
drained the pond completely and that he is concerned that the
Commission asked for soil testing to "be done"andit- was not. `
He also noted that there is a 21E site adjacent to the property.
Atty. John Serafini stated that he felt that they had presented
• sufficient engineering data and the soil issue could be addressed
5
• through a condition. He suggested that the Commission close
the Public Hearing.
Atty. Flemming stated that it would be unfair to close the public
hearing since they were not given the reports and would like
time to analyze the information.
Atty. Serafini noted that the public hearing has been continued
three times and that there has been no indication of technical
expertise representing Dr. Curtin and now they want to hold
up the process . He also noted that the Commission could be
as creative as they want with an Order of Conditions.
George Ahmed stated that he thinks that Mr. Flemming should
be able to comment if they uncover new information that the
Commission has not heard yet.
Motion made by George Ahmed to close the Public Hearing, seconded
by Bob Crowley and discussed. Richard Arms noted that closing
the public hearing would give the neighbors a short period of
time to gather their information.
A vote was taken on the motion and it was approved 4-1 with
Richard Arms voting against closing the public hearing.
• TIDAL GATES
Betsy Horne stated that the recommended times for the tidal
gates to be opened and closed at Forest River have been compiled
and are to be sent to the Mayor along with a cover letter and
a copy of the report done by Dr. Moore.
Motion made by George Ahmed to sent the recommended schedule
and the report by Dr.. Moore with the cover letter to Mayor
Harrington, seconded by Richard Arms and approved unanimously.
FIORE - CLARK AVENUE
Betsy Horne stated that she had met with the Fiore's and that
Mr. Fiore would like to have the equipment that Mr. Claveau
will have doing some work do some work for him. It was suggested
that a Notice of Intent and a note be sent to the Fiore's.
60 BAYVIEW AVENUE
A letter was received from PNP Construction on behalf of Mary
Hanlon, of 60 Bayview Ave. notifying the Commission that
emergency seawall repairs from storm damage are being done at
60, Bayview Ave. Motion made by Richard Arms 'to approve the
request, seconded by Bob Crowley and approved unanimously.
•
6
• VIOLATIONS
Debbie Hurlburt reviewed the complaints that she has received
and the actions taken.
Orleans Avenue - Debbie reported that she had received a
complaint of fill being placed illegally. She checked the
assessors map and the wetlands map and it appears there may
be a violation. Enforcement Order issued.
38 Charles Street - Debbie reported that the building inspector
issued a building permit for the construction of a garage at
this address. The map did not indicate that a wetland was there,
but the area is wet. Enforcement Order issued.
Sophia Road - Debbie reported that she received a complaint
that there is dumping occuring but that it does not appear to
be in the wetland yet. She showed photographs of the area,
which Tom Walsh indicated is owned by his sister. He stated
that he would talk to them. Enforcement order issued.
OLD/NEW BUSINESS
Weatherly Drive - Debbie reported that she received a letter
from Mr. Tithe requesting that the City contact the Town. of
Swampscott to -address -the problem of thewetarea caused by
• a plugged culvert, apparently caused by the Town of Swampscott.
George Ahmed reported that he sent his own letter to the Mayor
concerning Juli Riemenschneider.
APPROVAL OF MINUTES
The minutes of the meeting of March 26, 1992 were presented
for approval. Motion made by George Ahmed to approve the minutes
of the meeting of March 26, 1992, seconded by Bob Crowley and
approved unanimously.
The minutes of the meeting of April 2, 1992 were presented for
approval. Motion made by Fred Harney to approve the minutes
of the meeting of April 2, 1992, seconded by George Ahmed and
approved unanimously.
The minutes of the meeting of April 9, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of April 91 , 1992t seconded by Fred Harney and
approved unanimously.
The minutes oi the meeting of April 23, 1992 wete 'presented"
for approval. Motion made by Bob Crowley to approve the minutes
of the meeting of April 23,, 1992, seconded by Richard Arms,
• and approved unanimously.
7
There being no further business to come before the Commission
at this meeting a motion was made by Tom Walsh to adjourn the
meeting, seconded by Fred Harney and approved unanimously.
The meeting was adjourned at 10:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC051492
8
JoN Cp��
Salem. Massachusetts 01970
assnc���
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will
hold its regular meeting on Thursday, May 28, 1992 , at 7 : 00 p.m. ,
One Salem Green, second floor conference room.
Bets Horne �j�t r(
Chair
• TENTATIVE AGENDA:
1 . Request for Determination of Applicability - Margaret Press, 55
Memorial Drive
2 . Discussion of Notice of Intent - Salem Hospital, Proposed
Notice of Intent
3 . Old/New Business
4 . Approval of Minutes
EX\DH\CC52892
•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MAY 28, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 28, 1992, at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Richard Arms, Tom
Walsh, George Ahmed, Bob Crowley and Abby Burns. Also present
were Debbie Hurlburt and Eileen Sacco, Clerk.
DETERMINATION OF APPLICABILITY - 55 MEMORIAL DRIVE
Margaret Press of 55 Memorial Drive was present at the meeting
to request approval of an addition to her property located at
55 Memorial Drive. The request is for an addition of a partial
second floor with in the existing footprint of an existing one
story, single family dwelling. The plans also call for a small
second level balcony, outside of the existing footprint.
The architect for the project, Thad Siemsko, explained the
location of the property in relation to the wetland. He noted
that a snow fence would be installed to keep construction debris
• away from the wetland.
George Ahmed asked what the distance was to the high water mark
from the new deck. Mr. Siemsko stated that he did not know.
Ms. Pressman stated that it is 6 or 8 feet where the water comes
to within the top of the slope.
Betsy Horne asked if there was anyone in attendance who wished
to speak about the project. There was no response.
Motion made by George Ahmed for a negative determination with
special conditions,, seconded by Abby Burns and approved
unanimously.
The Commission discussed possible special conditions for the
project. It was decided that conditions 1 ,2, 3,4, 15,and 18 be
included. George Ahmed also suggested that another condition
that the temporary snow fence that is to be installed be
maintained and inspected daily.
Motion made by Bob Crowley to approve the special conditions,
seconded by Abby Burns and approved unanimously.
DISCUSSION OF NOTICE OF INTENT - SALEM HOSPITAL DAY CARE CENTER
Betsy Horne stated that the Public Hearing on the matter had
• been closed at the last meeting of the Commission on May 14,
1992. She also noted that special conditions had been drafted
1
• for the project, should the Commission approve the project.
The Commission reviewed the proposed conditions with those
present at the meeting.
George Ahmed suggested that condition 88 include the testing
of hazardous material should they be found ion the site during
excavation. Atty. John Darling, representing Salem Hospital
stated that if any hazardous material are found they are obliged
by law to have it tested. Atty. Flemming, representing the
neighbors of the project stated that a clerk of the works cannot
identify hazardous materials by looking at them, and felt that
testing should be done.
Tom Walsh noted that it would not be known if there was hazardous
material on the site unless periodic testing took place. Richard
Arms agreed suggesting that tests be required prior to excavation
and the results should be forwarded to the Commission.
Atty. Flemming suggested that the standard tests required by
financial institutions could be done. Atty. Darling noted that
the Commission can only order testing in the areas within the
jurisdiction of the Commission. He also noted that engineers
and contractors would be doing the work and there is no evidence
that testing needs to be done.
• Bob Crowley stated that the previous occupants of the property
was a machine shop and that they should test the soil .
Richard Arms expressed concern about the absence of an oil and
grease separator to the catch basin on Colby Street , since
it drains directly to the pond. He noted his concern about
the water collected in that basin goes into the pond and the
effect on the pond. Bruce Ey stated that oil and grease
separators could be installed on that line, but it is a question
of whether or not the city wants to maintain it. He noted that
the one proposed has a hood on it. He also state that the oil
and grease separators need to be inspected every two years and
pumped out once or twice a year as needed. Atty. Darling noted
that the system was designed to solve some of the problems of
the neighborhood. They have discussed the plan with the city
and it was agreed that if the hospital built the system, the
city would maintain it, he stated that it is a matter of what
is built and what the city will accept.
George Ahmed suggested that Salem Hospital should monitor the
condition of the pond and clean up the area on a bi-monthly
basis .
The subject of a Conservation Easement was discussed. Betsy
Horne noted that she did not feel that the Commission should
condition the approval on the granting of the easement. Tom
• Walsh agreed that the conditions should not include language
regarding the Conservation Easement. Atty. Darling stated that
2
T
• they could give the City a letter promising the easement if
the project is approved.
Atty. Flemming requested that the Commission include a condition
that the elevation of the buffer zone should not be altered
during construction, from the plans that have been submitted
to the Commission. George Ahmed noted that Condition #1 covered
that request.
George Ahmed asked if there were any catch basins planned to
catch the drainage from the roof that is going directly to the
pond. He noted that he was concerned that the water should
be clean going into the pond. He suggested that sump pumps
could be installed in the drain to act as a settling basin.
Richard Arms noted that the wells in the area could be affected.
Betsy Horne stated that she has had a discussion of the wells
with Mr. Parziole who expressed concern about the matter at
the public hearing and it appeared that his well is deep enough
and would not be affected.
The Commission discussed the soil testing and specifically
condition #8 . It was suggested that if the Clerk of the Works
encounters any hazardous material the Commission should be
notified immediately. Atty. Darling stated that they would
• be happy to have the Clerk of the Works monitor the soil. He
also referred to the 21E sites in the area and again stated
that they feel that there is no basis for testing unless evidence
indicated it is necessary. Abby Burns questioned whether the
Clerk of the Works could ascertain that there is anything there
without testing. Richard Arms suggested that two test borings
be done and the soil tested, noting that it was the less
expensive alternative.
There being no further questions or comments concerning the
conditions a motion was made by George Ahmed to approve the
Notice of Intent with 22 special conditions, seconded by Tom
Walsh and approved unanimously.
OLD/NEW BUSINESS
Councillor Leonard O'Leary addressed the Commission and presented
a letter concerning the property at 250-270 Highland Avenue.
He noted a lot of debris and that trucks are changing their
oil on the property. The Commission reviewed the locations
on the wetlands map and decided to confer with the Environmental
Police on the matter.
3 SOPHIA ROAD - MICHAEL PENNELL
• Tom Walsh recused himself from discussion of this matter.
Debbie Hurlburt stated that she talked with the owner of the
3
r
• property concerning the dumping that has gone on. She stated
that he said that he was not personally doing the dumping, but
that he would clean it up. She explained that the property
is sloped and that at the bottom of the slope is the buffer
zone. She also noted that nothing has been dumped in the buffer
zone, as yet but if it continues it will encroach the buffer
zone. It was decided to give them 3 weeks to clean it up.
STORM DAMAGE
Debbie Hurlburt stated that she has received a number of calls
from people who had damage from the October storm and did not
take advantage of the grace period that DEP had to repair damage
without a lengthy approval process . She suggested that she
be allowed to go out a inspect the damage and have the applicant
write a letter describing the work to be performed as was allowed
by DEP. The Commission agreed that Debbie could assess those
cases.
CLARK AVENUE
Debbie asked the Commission, at the request of the Planning
Board, why they did not require the soil testing of the fill
that was placed on the property. Betsy Horne stated that she
felt there was no reason to suspect that there was anything
• on Deer Island that would be hazardous and that they did not
ask for testing because there appeared to be no reason to think
that there was anything wrong, other than the purpose for which
it was used.
ALLIED LUMBER
It was noted that there is a stock pile 10 feet from the North
River. A letter will be sent to the owner informing him that
any activity within 100 feet of the buffer zone required approval
of the Commission, and that they should remove the pile or file
a Notice of Intent.
APPROVAL OF MINUTES
The minutes of the meeting of May 14, 1992 were presented for
approval. Motion made by Abby Burns to approve the minutes
of the meeting of May 14, 1992, seconded by Tom Walsh 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 Richard Arms and approved unanimously.
RESPECTFULLY SUBMITTED BY:
• EI EN M. SACC O, CLERK
CC 52892
4.
µ)N C
Salem. Massachusetts 01970
ASS,
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem onservation Commission
will hold its regular meeting on Thursday, 11 , 1992 , at 7 : 00 p.m. ,
One Salem Green, second floor conference room. 7 �
Be�orne /
Chair
•
TENTATIVE AGENDA:
1 . Notice of Intent - Julie Armstrong, Clark Avenue
2 . Notice of Intent - Hugh Mulligan representing SESD
3 . Old/New Business
4 . Approval of Minutes
-May 14, 1992
-May 28, 1992
EX\DH\CC61192
•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JUNE 11 , 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, June 11 , 1992 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Richard Arms, George Ahmed, Bob Crowley,
Fred Harney, and Abby Burns. Also present were Debbie Hurlburt
and Eileen Sacco, Clerk.
In the absence of Chairwoman Betsy Horne, Richard Arms assumed
the chair.
INFORMAL DISCUSSION - 53 MASON STREET - MR. WEINSTEIN
Mr. Weinstein addressed the Commission and stated that he would
like to bring the grade of his property in• the rear of 53 Mason
Street, up for additional parking. He stated that he wants
to bring the grade up four feet from what it is now. He asked
the Commission for advice on how to proceed. George Ahmed
suggest that he have formal plans drawn up with the set
elevations noted on them. He also suggested that the Commission
• should familiarize themselves with the area which is located
on Commercial Street abutting the North River.
NOTICE OF INTENT - JULIE ARMSTRONG - CLARK AVENUE
Mike O 'Neil addressed the Commission on behalf of his client
Julie Armstrong to request approval of a Notice of intent for
remedial work to correct an erosion problem on a fill slope
within the buffer zone and related work associated with the
construction of a single family home located at lot 41 on Clark
Avenue. He stated that the fill was placed on the property
by David Colpitts without the knowledge or consent of the owner
and that they are proposing to correct the problem as best they
can within their means . He noted that their proposal is similar
to the plan approved by the Commission for Paul Claveau who
owns the property adjacent to Ms. Armstrongs. The plans call
for the construction of an intercepting swale at the top of
the slope to intercept the runoff and direct it to a rip rap
stilling basin at the bottom of the slope. The runoff will
pass through a catch basin with a sump to collect sediment.
They also proposed to cutback the existing slope to 2:1 and
loom and seed it. A revegetation mat is to be installed to
permit a grass slope to establish.
Mr. O'Neil also noted that the swale could be discontinued after
vegetation is established.
• Paul Claveau addressed the Commission and stated that they want
1
• to fix the problems caused by Mr. Colpitts and get on with
building their homes. He suggested that they could work together
to solve the problems and hopefully ease the burden of the cost
of the work by doing so.
George Ahmed asked how far the toe of the slope was in relation
to the stream. Mr. O'Neil stated that it was about 20 feet.
George Ahmed also asked if drainage calculations had been done.
Mr. O'Neil stated that the original calculations done for Mr.
Claveau assumed that the drainage would come from the Armstrong
property.
Bob Crowley asked when the would start the work. Mr. O'Neil
stated that they hope to do the work this summer.
There being no further questions from the Commission or those
present, a motion was made by Abby Burns to close the public
hearing, seconded by Bob Crowley and approved unanimously.
Richard Arms noted that Betsy Horne wanted it noted that although
the Commission has dealt with the Claveau and Armstrong
properties separately, they are stop gap measures and that they
still want to consider Colpitts and the abutters, and the effects
on the environment in that area. He noted that these solutions
stop some problems in the area, but that the Commission still
needs to address the whole area.
• The Commission reviewed the Conditions granted for the Claveau
property and suggested additional one for Ms. Armstrong.
George Ahmed suggested that area for the hay bales should be
marked at the toe of the slope for future reference. He wanted
the marrkings to be placed in such a manner so as to identify
the true location of the toe of the slope as proposed by the
plan.
Motion made by George Ahmed to approve the Notice of Intent
for Julie Armstrong, with special conditions, seconded by Abby
Burns and approved unanimously,
NOTICE OF INTENT - SESD - INVESTIGATION OF SEDIMENTS AT EXISTING
OUTFALL NEAR HASTE ROCK - SALEM SOUND INVESTIGATION OF ACTIVITY
IN LAND UNDER THE OCEAN NEAR HASTE ROCK - SALEM SOUND
Atty. John Darling of Serafini, Serafini, and Darling addressed
the Commission on behalf of his client, SESD. He introduced
thoseP resent to the Commission, and turned the meeting over
to Bill Kehoe of Camp, Dresser and McKee. Mr. Kehoe stated that
they plan to use the existing outfall pipe and add a diffuser
noting that studies show that the existing site is the best
to use. He stated that they will collect information to decide
the vertical and horizontal orientation of the outfall. Mr.
• Kehoe explained that there are two parts to the investigation.
The first is that they will take geotechnical borings for
2
• sediment quality samples. They plan to take 4 borings that
will be 20 feet in depth, and the sediment will be removed using
the split spoon method. He noted that the barge would be
anchored in place with four stabilizing anchors. The disturbed
sediment would remain with in the casing. The samples will
be sealed in glass jars and sent to the lab. Any excess soils
will bero erl disposed P P Y P osed
of.
Mr. Kehoe also explained that six weeks later six sediment core
samples will be obtained at three locations, two samples per
location, using an 8 foot gravity corer deployed from as boat.
The liner will be removed and capped and sent to the lab for
physical and chemical testing. He also noted that they would
provide the results of the tests to the Commission for their
information.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission and stated that the land under the ocean extends
out to the marine boundaries of the City of Salem. He stated
that the location is 30 feet deep and 1 .4 miles off shore. He
noted that the proposal is not expected to alter the distribution
of sediment, and will not add any pollutants to the resource
area. Dr. Mulligan also stated that there would be no harm
to the coastal shellfish, which are mussels, soft shell clams,
and sea scallops. He stated that there would be no adverse
effect on the resource area and should lead to more improved
• discharge and improve the resource area.
George Ahmed asked if any studies have been done of the effects
of the outfall on the shellfish. Dr. Mulligan stated that
studies were done over 3 seasons and that they investigated
a large area. He stated that the inshore area is richer
biologically than offshore and that there is more marine life
inshore. He also noted that the level of impact should be the
same as dropping an anchor.
George Ahmed asked what the time frame for the project would
be. Mr. Kehoe stated that it would take 7-10 days to complete,
noting that they would change locations and do testing as weather
permitted.
Richard Arms asked if the pipe was on the surface of the water.
Mr. Kehoe stated that it is in the sediment. Richard Arms also
asked if the existing pipe would be replaced. Mr. Kehoe stated
that they are not replacing the pipe and that the diffuser would
be an extension of the pipe. He also explained that the existing
pipe is cast iron and the diffuser would be concrete.
George Ahmed asked how much outfall is produced per day.
Bernadette Cobe stated that 27 million gallons per day (MGD)
are produced and that amount will not change.
• David Williams of 342 Essex St. addressed the Commission and
3
stated that he felt that the plan in general was a good idea,
but that he is concerned about the construction period and the
general condition of the sediment and untreated waste. He noted
that heavy metals could be released through the outfall pipe.
It was noted that when plans are presented for construction,
conditions for that phase would be set at that time.
There being no further comments or questions from those in
attendance, a motion was made by George Ahmed to close the public
hearing seconded by Bob Crowley and approved unanimously.
George Ahmed suggested that the Commission take their time
preparing the conditions for the project. He suggested that
they could be prepared for the next meeting of the Commission
on June 25, 1992. Abby Burns stated that she felt that
everything had been addressed in the proposal .
Richard Arms stated that he would be more comfortable having
the conditions drafted for the next meeting. Atty. Darling
stated that it was fine with SESD, to have the conditions
approved at the next meeting.
OLD/NEW BUSINESS
TIDAL GATES
• Abby Burns noted that when she made up the schedule for the
tidal gates she included Memorial Day weekend and the law reads
that the gates should be opened June 1 . She stated that she
felt bad that the gates were closed an extra week.
Richard Arms stated that Betsy Horne wants to know who is willing
to meet with Mayor Harrington to discuss the tidal gates and
the report on the impact of opening and closing them. Abby,
Richard and George stated that they would meet with the Mayor.
SALEM ACRES
Debbie reported that the EPA is holding a Public Hearing on
the Salem Acres site on June 25, 1992 at Old Town Hall.
LAINE INDUSTRIES
Debbie reported that the enforcement order that was issued was
issued to Tri City Sales as owners of the property, and not
Laine Industries. She stated that she would like to have Mr.
Cohen at the next meeting, and issue an enforcement order to
Laine Industries if necessary.
CLAMMING AT FOREST RIVER
• Debbie reported that she spoke to Lt. Ouellette and he informed
4
• her that by Salem City Ordinance you can clam for bait but not
for consumption. She noted that there are limitations on where
you can clam and Forest River is not one of them. It was
suggested that the ordinance should be changed or the permits
should state the specific locations where clamming is allowed,
VALLEY STREET
Debbie reported that Mr. Anderson had been again complaining
about mosquitoes in the area and he wants the city to rechannel
the brook behind his house. She also noted that he complained
about rodents and that Stan Bigelow wants to work with the
Commission and the Board of Health on that problem because the
rodents are a hazard.
APPROVAL OF MINUTES
The minutes of the meeting of May 14, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of May 14, 1992 , seconded by Bob Crowley and
approved unanimously.
The minutes of the meeting of May 28, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of May 28, 1992, seconded by Abby Burns and
approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by George Ahmed to adjourn
the meeting seconded by Abby Burns and approved unanimously.
The meeting was adjourned at 9:10 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
C061192
•
5
XON CU�� i
y ���
?� Z CoR1Se1'V� M COI TIIISR*m
Salem. Massachusetts 01970
'�assNr��
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, June 25, 1992 at 7 : 00
p.m. , One Salem Green, second floor conference room.
Bets o'rner� 0
Chair
• TENTATIVE AGENDA:
1 . Request for a Determination of Applicability - Greenlawn
Cemetery
2 . SESD Continuation - Notice of Intent
3 . Discussion with David Cohen - Tri-City Sales
4 . Discussion with Board of Health regarding area on Valley
Street .
5 . Old/New Business
6 . Approval of Minutes
EX\DH\CC62592
38 Cly
S(-
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►��e p 'I (-bc,� CZ c� 8"3 c-7 Of 11 -i , ti
No I P0 C WU 4'-C-tf
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JUNE 25, 1992
•
A regular meeting of the Salem Conservation Commission was held
on Thursday, June 25, 1992, at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, George
Ahmed, Bob Crowley, and Richard Arms. Also present were Debbie
Hurlburt and Eileen Sacco, Clerk.
REQUEST FOR DETERMINATION OF APPLICABILITY - GREENLAWN CEMETERY
Richard Rennard, Cemetery Manager for the City of Salem was
present at the meeting with Jerry Smith of Aquatic Control
Technology to request a Determination of Applicability for
chemical treatment of nuisance microscopic and filamentous algae
at Sargent Pond located in Greenlawn Cemetery. Mr. Rennard
explained that Sargent Pond is approximately 5 acres with a
maximum depth of 4 feet and an average depth of 3 feet. He
also explained that the proposed treatment is not a long term
solution to the problem and that they will be exploring other
alternatives in the next few years.
Jerry Smith addressed the Commission and explained that they
are requesting to apply a maximum of 3 treatments of Copper
• Sulfate per year for a three year period, noting that if one
or two treatments took care of the problem all three would not
be necessary. He also noted that a license to apply chemicals
would be filed with Mass. DEP, Division of Water Pollution
Control, and a copy of the approved permit would be provided
to the Commission prior to the start of the work. He also stated
that after the three year period they hope to return with
specific suggestions for solving the problem.
George Ahmed asked about the history of the pond. Mr. Rennard
stated that the Cemetery was established in 1803 and was a former
farm. He also noted that the pond has springs running through
it to Kernwood. He also noted that they are aware that the
springs are active because portions of the pond do not freeze
in the winter. Mr. Rennard also noted that some plant life
encroaches a little around the shoreline. Mr. Ahmed asked if
there was any life in the pond and Mr. Rennard stated that there
are goldfish and a 3-4 pound striped bass. He also noted that
the treatment should not effect the pond life.
Betsy Horne asked why the treatment was being requested now.
Mr. Rennard stated that in the past the treatments were done
without the required permits.
George Ahmed asked if the city allows fill to be placed in the
• 1
• cemetery. Mr. Rennard stated that the contractors are allowed
to store up to 4 truckloads of fill at a time and that has to
be removed as soon as possible. He also noted that he tries
to keep it as far away from the pond as possible, although
sometimes it may go with in 100 feet of the pond, but he tries
to keep in under control.
There being no further comments from the Commission, or those
present at the meeting a motion was made by George Ahmed for
a Negative Determination with Conditions, seconded by Bob Crowley
and approved unanimously.
The Commission discussed special conditions for the project.
It was decided to use conditions 102, 12, 13 , and 15. George
Ahmed noted that if they ever change the chemical being applied
they need to refile with the Commission.
Motion made by Richard Arms to approve the Special Conditions,
seconded by Tom Walsh and approved unanimously.
SESD - CONTINUATION - NOTICE OF INTENT
The Commission discussed proposed Conditions for the SESD
investigation of sediments at the outfall pipe and the activity
• in land under the ocean as discussed at the last meeting.
George Ahmed asked if the anchors for the barge would disturb
the area. It was noted that the anchors would be circular and
would not cause any disturbance.
Betsy Horne asked how big the barge would be. Dr. Mulligan
stated that it would be about 30 feet.
Richard Arms asked if the Coast Guard needed to approve of the
work and it was stated that they did not need to be notified.
Motion made by Richard Arms to approve the Special Conditions
for the SESD investigation of sediment, seconded by Bob Crowley
and approved unanimously.
DISCUSSION WITH DAVID COHEN - TRI-CITY SALES
David Cohen was present at the meeting with his Attorney Harvey
Burg to discuss the violations that are occurring on property
that he owns, which he leases to Laine Industries. Atty. Burg
noted that Mr. Cohen wants to cooperate and that he has legal
action pending against his tenant. He also noted that they
were going into court the next day to seek a contempt of court
charge against Mr. Laine.
• Betsy Horne referred to the fence that was to be installed some
time ago. Debbie Hurlburt noted that because the property is
in an entrance corridor only certain types of fencing can be
2
• used. Mr. Cohen will check with the building inspector to see
what can be installed on the property.
It was noted that the area has been cleaned up a little, and
George Ahmed suggested that a site visit should be made by the
Commission before the next discussion of the matter.
ENVIRONMENTAL POLICE - OFFICER RAMSEY
Officer Ramsey of the Massachusetts Environmental Police attended
the meeting to talk about the duties of the Environmental Police.
He noted that Environmental Crime is being enforced by the
Attorney General and that they are successful. He suggested
that the Commission get the manual from the Atty. General which
outlines step by step what the Commission should do about
violations, and if they get no results at the local level then
they can report it to the Environmental Police and the matter
would be taken over by them and would be out of the hands of
the Commission.
DISCUSSION - VALLEY STREET
Debbie Hurlburt reported that she went out to the area on Valley
Street that Mr. Anderson has been complaining about. She noted
that the city is supposed to maintain an area that has an
easement, and that Stan Bigelow has proposed to dig an 18 inch
• trough to let the water flow freely. She also noted that this
might drain the area. Stan Bigelow will present plans to do
the work, and she noted that he wants to do this in a timely
manner. She also noted that the Board of Health is concerned
about the Muskrat problem in the area.
OLD/NEW BUSINESS
Almeda Street
Tom Walsh recused himself from discussion of this matter.
Debbie reported that she has received complaints from the
neighbors that fill is being dumped at the Orlando property.
She said that she spoke to Mr. Orlando and he stated that the
retaining wall is going to be built. She also noted that she
sent him a letter, ordering the removal of the fill within three
( 3 ) weeks.
Tidal Gates
Betsy Horne reported that she has two possible dates for
Commissioners to meet with Mayor Harrington concerning the tidal
gates at Forest River. They are Thursday July 2 and 9 at 8:30
a.m. George Ahmed, Tom Walsh and Richard Arms will try to make
a meeting on July 9.
• 38 Charles Street
3
'J
38 Charles Street
• Debbie reported that the owners of 38 Charles Street will be
present at the next meeting to discuss the garage that was
constructed, and while under construction was found to be a
wet area.
APPROVAL OF MINUTES
The minutes of the meeting of June 11 , 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of June 11 , 1992 as amended, 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 George Ahmed to adjourn
the meeting, seconded by Richard Arms and approved unanimously.
The meeting was adjourned at 9 :45 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
00062592
•
•
4
LegaiNatices
Legal Notices "
CITY OF SALEM CITY OF SALEM I
CONSERVATION COMMISSION CONSERVATION COMMISSION 1
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING II
On Thursday,July 9,1992 at 7:00 p.m.,the Salem On Thursday,July 9, 1992 at 7:00 p.m.,the Salem
Conservation Commission will hold a public hearing
Conservation Commission will hold a public hearing
under the Wetlands Protection Act,M.G.L.Chapter under the Wetlands Protection Act,M.G.L.Chapter
131, Section 40 at the request of the Middlesex 131, Section 40 at the request of the Middlesex
Corporation,17 Progress Avenue,Chelmsford,MA. 'Corporation,17 Progress Avenue,Chelmsford,MA.
The proposed work located at 32-36 Commercial The proposed work located at 7 Commercial Street
Street involves stockpile of materials us in involves stockpile of materials used in reconstruc-
reconstructionofRiley Plaza project and reg ding tion of Riley Plaza project. The hearing will be
portion of area. The hearing will be held'�t One held at One Salem Green,second floor conference
Salem Green, second floor conference room. room.
BETSY HORNE, Chair - BETSY HORNE, Chair
July 2, 1992 SN82089 July 2, 1992 SN82090
CALL
When you call,you'llget - HEASSOC.
a Real Estateprofessial THE PRUDENTIAL WET PEABODY - NEW TO
with 22years offull time MARKEP. 'Beautlful L�haped b
experience Joyce Cook Realtors ranch,8+rms.,includes media p
oh done. rm,with wet bar,3 berms.,21/2 p
Callfor see market baths. Impeccably manicured
f f SALEM:13 rm.brick Federal- grounds w/in-ground pool.Well
analysis. ist on Chestnut St.in McIntire worth seeing at $269,900.
Hist Dist. 10 fplcs., fold out SALEM - NEW TO MARKET!
_
RELIANCEREALTYwindow shutters. Also 6 on. Waterfront three family in Derby
7�+�+�7700 carriage house apt,with sep. Wharf area.Exc.cond.,parking,
JOELE.MARSOLIS,President utils. Lovely landscaped roof deck. $285,000.
gardens. $535,000. SALEM - NEW TO MARKETI B
SALEM:Large,2 brim.condo. Two family, 5&5 plus 2 add'I ki
BEVERLY.Offers are in on this1 /� l Walk to beach & dwntwn. rms.in attic for expansion.Col- c
impeccable condo alternative. 74 CARLSON )A Deeded off SL parking,owner lips Cove area. Priced to d_
Don't miss this home!$140's REAL ESTATE will assist with finan.$89,000. sell! $149,900.
DANVERS- Smell the clean SALEM: Victorian multi-fam. SALEM-NEWTO MARKET!Tri-
ocean breeze from your front DANVERS,Check outthe living in heartof hist,dist.Much pon- level twnhse, with woodstove
porch. Make an offerl$140's space & huge yard In this 4 tential.Wailing return to orig. & fam. rm., Irg. master bdrm.
PEABODY- FDIC says Sell berm.home,2 car gar $209,000. splendor. $169,000, with ample closets. Steps to
r
,ko,4 cqt�
{z Conservation Commis m
• Salam. Massachusetts 01970
�z
V
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, July 9 , 1992 at 7 : 00
p.m. , One Salem Green, second floor conference room.
N f i1(�
Betsy orne
Chair
•
TENTATIVE AGENDA:
1 . Notice of Intent - The Middlesex Corporation regardin�
�\ Commercial Street
2 . Notice of Intent - The Middlesex Corporation regarding 32-36
Commercial Street
C4ulal 9a(LA - 5( xo-o— -)% CLOALO
3 . Old/New Business A&tL q - (Itau£ad,
4 . Approval of Minutes
Muh,461 � i c ( (1(-U- - a)-Lo (wrl u.1 �6"
EX\DH\CC7992
•
M1
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JULY 9 , 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 9, 1992 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, George Ahmed, Tom
Walsh, Fred Harney and Abby Burns. Also present were Debbie
Hurlburt and Eileen Sacco, Clerk.
NOTICE OF INTENT - MIDDLESEX CORPORATION -32-36 COMMERCIAL STREET
Laura Robertson representing Middlesex Corporation, the General
Contractor for the Riley Plaza Project addresssed the Commission
to request approval of a Notice of Intent for 32-36 Commercial
Street. She explained that they have approached the owner of
the property Mr. Wiggins to use his property as a holding area
to stock pile materials removed from Riley Plaza during
construction. The materials will be reconstructed in the
project. She also noted that a silt fence would be installed
at the edge of the property along the North River to prevent
siltation. In return for the use of the property the owner
• requests that they grade the site to make it level, with a slope
at the edge of the property. Erosion control measures such
as an erosion matting and or seeding shall be installed to
prevent erosion. Ms. Robertson noted that all fill left on
the site would be clean.
Betsy Horne asked if who the applicant was. Ms. Robertson stated
that she thought that since they would be using the property
and doing the work, that they should be the applicants. Betsy
Horne stated that the applicant should be the land owner, since
he is responsible for the property.
George Ahmed stated that he would like more information, such
as how many yards of fill, what type of material will be used,
the distance from the edge of the river, and how secure the
erosion would be from going into the river. He stated that
he would also like to see a copy of the agreement with the owner.
Betsy Horne suggested that the Commission keep the Public Hearing
open and they can resubmit the application to Debbie with the
signature of the owner and the matter can be addressed at the
next meeting.
Andrew Weinstein an abutter to the property was present at the
meeting to see what the plans called for since he has plans
to grade his property as well. He stated that he is not opposed
• to the plan.
1
• Motion made by Abby Burns to continue the Public Hearing until
July 23, 1M, seconded by George Ahmed and approved unanimously.
NOTICE OF INTENT - MIDDLESEX CORPORATION - 7 COMMERCIAL STREET
Laura Robertson of Middlesex Corporation requested approval
of a Notice of Intent for 7 Commercial Street for use of the
property for short term stock piling of materials from Riley
Plaza. She noted that asphalt would be stored there and hauled
to a plant to be recycled. She also noted that the state owns
the property. It was noted that the State had not signed the
application and that needs to be done. She also noted that
there would be no grading of this property, and it would be
returned to its original stated upon completion of the project.
Ms. Robertson also stated that a silt fence would be installed
along the edge of the North River.
George Ahmed stated that he felt that the proposal was straight
forward, but suggested that the material be covered with a tarp
during inclement weather to prevent runoff. Ms . Robertson stated
that dust from the trucks may be a problem but the material
itself would be asphalt, gravel and cobble and should not pose
a problem. She suggested that they could water down the site
if needed.
• The Commission discussed possible conditions for the proposal.
George Ahmed stated that the only material that should be
stockpiled on the site should come from Riley Plaza.
The Commission decided on standard conditions 1 ,2, 3,4 ,5, 12,
13, and 15 .
Motion made by George Ahmed to approve the Notice of Intent
with special conditions , seconded by Tom Walsh and approved
unanimously.
OLD/NEW BUSINESS
38 Charles Street
The owners of 38 Charles Street were supposed to attend the
meeting to address a cease and desist order but failed to show
up. The Commission moved on to other business. Kevin Daly
was present at the meeting to assist the people, but was unaware
of why they failed to attend.
Clark Avenue - Julie Armstrong
Julie Armstrong reported to the Commission that when she got
prices for her approved plans the cheapest was $15,000.00 to
• do both her lot and Mr. Claveau's. She stated that she would
like to change the catch basins to dry wells with crushed stone
2
money an
to save m d noted that the catch basins will be useless
once the vegetation is established.
George Ahmed suggested that she should file a new plan and
proposal.
Fred Harney recommended that she get prices from a landscaper
and they might be cheaper.
Debbie Hurlburt stated that she thought that they could file
an amendment to the plan and it could be advertised as an
amendment as the Commission has done in the past. She told
them to submit the advertising fees for the next meeting by
Monday and they could bring the completed plans to the meeting,
on July 23, 1992 .
Tidal Gates
Betsy Horne reported that she, George, Bob and Abby, met with
Mayor Harrington concerning the Tidal Gates. She noted that
the Mayor indicated that he would be willing to supplement any
money the Commission has available for technical assistance.
He also suggested that they meet with the neighbors to discuss
issues concerning the estuary. Debbie will set up a meeting.
• Betsy also reported that the Mayor noted that the gates are
open all winter and are only closed a total of 24 days from
June 1 through Labor Day and he failed to see how much damage
could be done in that amount of time. She noted that the
Commission needs more information to see what is going on there.
Dumping Behind Salem High School
Debbie reported that she received a letter from DEP notifying
her of illegal dumping taking place behind Salem High School.
Tom Walsh noted that it has been going on for a long time and
that it seems to be private trucks that are dumping there. Debbie
will check with the Board of Health to see if they need to handle
the matter. George Ahmed suggested sending a letter to the
School Committee.
Pioneer Village
Debbie reported that she had been out to Pioneer Village to
check to see what repairs need to be made from the storm last
fall . She noted that she felt that they need to file a Notice
of Intent because they need to bring heavy equipment into the
area to remove large boulders.
APPROVAL OF MINUTES
• The minutes of the meeting of June 25, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
3
• of the meeting of June 25, 1992, seconded by Fred Harney and
approved unanimoulsy.
There being no further business to come before the Commission
at this meeting, a motion was made by Tom Walsh to adjourn the
meeting, seconded by Fred Harney and approved unanimously.
The meeting was adjourned at 9 :00 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC070992
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• Salem. Massachusetts 01970
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CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, July 23 , 1992 at 7 : 00
p.m. , One Salem Green, second floor conference room.
Betsy Horne `a}
Chair
TENTATIVE AGENDA:
1 . GTE - Continuation of Notice of Intent Public Hearing
2 . Continuation of Notice of Intent Public Hearing - 32-36
Commercial Street - The Middlesex Corporation
3 . Emergency Certification of the Salem Willows Pier - Engineer
Charles Quigley
9 . Old/New Business
-38 Charles Street Informal Discussion
-David Cohen - Tri-City Sales Update
5 . Approval of Minutes
EX\DH\CC72092
SALEM CONSERVATION COMMISSION
MINUTES OF JULY 23, 1992 MEETING
A Regular meeting of the Salem Conservation Commission was held
Thursday, July 23, 1992 at 7:00 p.m. in the second floor conference
room at One Salem Green.
Members present at the meeting were: Betsy Horne, Richard Arms,
George Ahmed, and Bob Crowley. Assistant City Planner Beth
Debski and Acting Clerk Debra Tucker were also present.
CONTINUATION OF NOTICE OF INTENT PUBLIC HEARING: GTE
Appearing before the Conservation Commission were Ed Hawkins
and Paul Sanborn of GZA Geotechnical, Inc. along with Mark Bornstein
of GTE.
Mark Bornstein reported that since the last meeting at which
they had appeared, additional wells had been placed on the site,
and a sampling was taken. Results of Phase 2 of the Mass Contingency
• PIP Plan were presented to the City of Salem. Comments will
be accepted until August 14, 1992.
1.
Ed Hawkins of GZA referred to page 10 of the packet. He stated
that the purpose of the plan is to restore the area which was
originally a saltmarsh and is now a glass landfill and by capping
the landfill. The plan calls for rough grading of the site,
approximately six inches of sand, eighteen inches of low permeable
clay composite, another layer of sand, and approximately six
inches of standard topsoil for the planting of vegetation of
which a revegetation plan will be submitted.
He added that the plan and test results will be submitted to
the Division of Solid Waste for anticipated approval in the
spring of 1993.
In answer to Mr. Arms Mr. Hawkins reported that approximately
one third of the seven acre site will be capped. The MEPA process
calls for the use of the glass to establish grade rather than
the removal of the glass. The ballfield will be established
in roughly the same area but will be approximately two to three
feet higher.
Mr. Hawkins replied to Mr. Ahmed that GZA has experienced wetlands
botanists on staff. There will be a maintenance program established
as part of the plan. He added that after study of the one hundred
• year flood plain, the 9. 8 elevation will become elevation 13
when completed. He anticipated less of any chance of flooding
at completion than there is currently. Mr. Sanborn added that
• Page 2 of 6
Minutes of Conservation Commisson Meeting 7-23-92
flooding wa's not an issue since such a small fraction of the
site is part of the basin. He said that water runoff would
drain to the marsh in a sheet flow.
Mr. Hawkins reported that samples from three soil borings and
three monitoring wells were tested for leachability. There
were high lead levels found in one of the borings. The ground
water quality was found to be of similar quality or less of
an impact as in the draft Environmental Impact Report. Mr. Bornstein
added that there was. no glass found near the building.
Chair Betsy Horne opened the discussion -to the audience.
Tom Burke of 24 Grant Road asked what was found near the building.
Mr. Hawkins answered that there was sand fill and clay soils
present near the building with no elevated concentration of
metals. Mr. Burke asked how much retesting and monitoring would
be done after the area was capped. Mr. Hawkins replied that
a post closure monitoring program as well as vegetation monitoring
would be required, and that it would be GTE' s responsibility.
Mr. Bornstein added that GTE would handle that through a consultant.
• Rich Arms asked Dr. Hugh Mulligan of Gulf of Maine to interpret
the results of the tests. Dr. Mulligan stated that the additional
borings and tests did not find, any differences in conditions
from the first test. Contaminants were not higher, but elevated
levels of Cadmium and lead were found in one of the six holes.
Selenium and Cadmium levels were above drinking water standards
in one area, but no one uses that water for drinking.
Dr. Mulligan suggested that the Commission request that GTE
share with the Commission the closure plan progress with the
State. He added that GTE had not talked yet about the test
results of the rest of the site. There are solvent issues as
well as parking runoff concerns which are separate from the
landfill issue. Also there is the matter of the responsibility
of any future storm water contaminent flow. Any drainage could
have .an environmental impact on, the area especially on swimming
sites. He added that more glass with no more contamination
than any other test site was found in a deep pit. GZA has not
felt it necessary to do extra analysis, but if something more
is found during excavation, work will stop so that more testing
can be performed. Mark Bornstein stated that the field log
data which was questioned at the last meeting was corrected.
Mark Bornstein stated that the documents to be filed with the
Division of Solid Waste are being prepared. Dr. Mulligan said
that the solvents, namely trichlorethene, were found outside
• of the area of the board' s jurisdiction, but suggested that
they discuss them.
• Page 3 of 6
Minutes of Conservation Commission Meeting 7-23792
Ed Hawkins referred to page 7 of his hand out. At the wells
bored tests for volitile organic compounds were performed with
six sampling rounds of Phase I approximately three times a year
as ground water monitoring. The real extent of the concentration
was found in two areas. According to Mr. Hawkins, the many
wells around the site show the trichlorethene at two source
areas and not to be a widespread problem. The levels and location
were not considered a risk to human health or environment but
will continue to be monitored.
Dr. Mulligan commented that there were extensive concentration
in those areas down to depths of one hundred fifty feet in water.
The trichlorethene is heavier than water and does seem to have
been there for a long period of time and not headed for the
marsh area. The two choices are to leave tha material there
or attempt to remove it.
Paul Sanborn stated that the matter had been looked at very
carefully and a risk assessment done. They see no further need
for action now other than to monitor it. They will reevaluate
if something else is found. The matter appears to have been
at the site for at least twenty years without migrating due
• to the nature of the material VOCs and the grade of the area.
There were no further questions or comments from the audience.
Chair Betsy Horne asked what the tentative schedule was. Ed Hawkins
replied that they intend to submit the initial closure plans
this fall and anticipate the permit by Spring of 1993. Mark
Bornstein added that they expect some kind of response by the
end of 1992 and an approved plan by March 1993 unless the state
has other priorities over this case.
Chair Betsy Horne th stated that the next-Tneeting that they
are to appear at w' 1 be December 10, 1992, ung ess scheduled
plans change. The are t otify the board any changes.
George Ahmed moved to continue the Public Hearing for the Notice
of Intent by GTE until December 10, 1992. Bob Crowley seconded
the motion, and the vote was unanimous.
CONTINUATION OF NOTICE OF INTENT PUBLIC HEARING
32-36 COMMERCIAL ST. : MIDDLESEX CORP.
Laura Robinson and John Linotti appeared before the board concerning
filling at 32-36 Commercial St. They had been granted permission
to allow stockpiling materials at 7 Commercial St. for the Riley
Plaza construction project at the July 16, 1992 meeting.
• The general contractor has a permit for the project. They seek
permission for excess gravel and clean fill to be distributed
• Page 4 of 6
Minutes of Conservation Commission Meeting 7-23-92
at 32-36 Commercial St. owned by Dan Wiggin of Hendrick Saw.
A silt fence and hay bales will be placed at the river edge.
The owner wants the site graded evenly. The entire area will
then be reseeded for erosion control.
There will be the same runoff to the river and water speed since
the grade and direction will be the same. Mr. Linotte stated
that the intent is to clean up and even out the site in order
to deter people from dumping. Laura Robinson stated that the
maximum volume of fill would be 3, 000 cubic yards. The actual
amount would probably be half that amount since there is less
than anticipated coming from the site.
Bob Crowley stated that the area used to be a railroad right
of way but had been abandoned for a long time. Chair Betsy
Horne stated that erosion control would definitely be a part
of any order of conditions.
After discussing the matter the plan was to have the area from
reference point 80 on the map to point 120 show a slight dip
with a gradual decline four to five feet from the top edge towards
the rear of the sight to the reference point of 80 with another
• gradual slope back to reference point 40. There will be two
swales. There will then be approximately one hundred fifty
cubic yards of topsoil added.
Richard Arms asked the contractor to confirm that this work
was not intended to cover up problems or dumping at the site.
Mr. Linotte replied that it is to visually improve the site
to deter dumping. There is one pile of shingles which will
be removed from the area. Laura Robinson added that there will
be pictures taken of the area both before and after the work.
George Ahmed added that upon visual inspection of the premises
any evidence of hazardous materials will be grounds for the
Commission to stop the work.
George Ahmed moved that the Order of Conditions with the following
five special conditions along with the standard boiler plate
conditions 1, 2, 3, 4, 5, 12, 13, and 15 be issued:
1. A maximum of three thousand cubic yards of clean
fill will be allowed.
2. Erosion control is required.
3. The site shall be graded with two swales with a
gradual decline of four to five feet from the top
edge towards the rear of the site from reference
point 80 to 120 and another from reference point
80 to 40 as shown on the map presented.
• 4. There will be 150 cubic yards of topsoil applied.
5. Before and after construction pictures shall be
taken of the site and upon visual inspection of
• Page 5 of 6
Minutes of Conservation Commission Meeting 7-23-92
the site, any evidence of hazardous materials
will cause the work to stop.
Richard Arms seconded the motion, and the vote was unanimous.
EMERGENCY CERTIFICATION: SALEM WILLOWS PIER
Bill Colehower of the Planning Department appeared before the
Commission representing the City of Salem in the matter of the
Emergency Certification of the repair work to the Salem Willows
Pier. The pier was damaged during a storm in October 1991.
The City applied to the federal government for emergency relief
money. There was damage to railings as well as decking pulled
up and some minor damage to the under structure.
The matter is of an emergency nature in order to get the pier
open and operational. It is structurally sound. There are
planks and some understructure that must be replaced and nailed
down. Charlie Quigley the Engineer for the project (not present)
prepared the specifications, and a contractor Goudreau has been
selected. The work has begun already.
• Chair Betsy Horned asked if there would be any heavy machinery
used or any major construction taking place. Mr. Colehower
replied that there is no major work to be done. The work will
probably take place at low tide. There will be a drill used
to remove and replace any bolts and a raft to get the lumber
to the site. The last third of the pier is older and is the
area that needs the most work. The pilings are in fine shape.
George Ahmed cautioned that the contractor be careful with the
materials and especially with the removal and disposal of old
materials.
George Ahmed moved that the Conservation Commission issue an
Emergency Certification for the work to repair the Salem Willows
Pier. Bob Crowley seconded the motion, and the vote was unanimous.
NEW BUSINESS
38 Charles St. :
Lutusek Grazyna of 38 Charles St. appeared before the Commission.
City Solicitor Kevin Daly stated that he was appearing as a
neighbor and in his capacity as City Solicitor to explain the
legal ramifications of compliance and noncompliance.
Mr. Grazyna was constructing a garage on his property within
• a wetlands area. He was ordered to cease and desist by the
Conservation Commission. The foundation is done, and three
walls are framed. Approval was given by the Building Department
Page 6 of 6
Minutes of Conservation Commission Meeting 7-23-92
and a permit issued, but that departments ' maps do not show
the property as being near a wetland. Chair Betsy Horne stated
that she has been trying to obtain funds to update the City' s
maps so that problems like this won't occur.
George Ahmed instructed Mr. Grazyna to file a Notice of Intent
with a set of detailed plans showing the house, garage, and
wetlands. A site visit will be necessary by the Commission.
Kevin Daly told the Commission that he told Mr. Grazyk to come
before the Commission first to see what exactly was required
before filing the paperwork.
Chair Betsy Horne stated that the Commission' s interest is to
protect the wetlands. The Cease and Desist order remains in
effect until the matter is resolved. A site visit will be scheduled
for September. Ms. Horne directed Mr.. Grazyna to contact Debbie
Hurlburt of the Planning Department staff for help preparing
the correct applications.
George Ahmed aked City Solicitor Daly if he was aware of dumping
on City property by City trucks near the Salem High soccer field.
Beth Debski reported that David Cohen of Tri-City Sales could
not appear at the meeting. He will attend the first meeting
in September.`
The Drainage Agreement for Paul Claveau/Julie Armstrong was
presented for Richard Arms signature.
The DEP Waterways License Application for the Salem/Beverly
bridge was presented for Conservation Commission members ' review.
A letter from the Shaughnessy-Kaplan Rehabilitation Hospital
concerning the catch basin cleaning and inspection work was
presented.
APPROVAL OF JULY 9, 1992 MINUTES
George Ahmed moved that the minutes of the July 9, 1992 Regular
Meeting be approved as presented. Bob Crowley seconded the
motion, and the vote was unanimous.
ADJOURNMENT
There being no further business before the board, George Ahmed
moved to adjourn the Regular meeting of July 23, 1992 at 9: 10
p.m. Richard Arms seconded the motion, and the vote was unanimous.
• Respectfully submitted
By:
Debra A. Tucker
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Salem. Massachusetts 01970
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(I I, Uh h 00 CONSERVATION COMMISSION
(I�NNNp I NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday , September 10, 1992 at
7 : 00 p.m. , One Salem Green, second floor conference room.
lJ( Bets Horne
Chair
TENTATIVE AGENDA:
1: Determination of Applicability - Town of Marblehead, Leggs Hill
Road
2 . Notice of Intent - Nicholas Fiore , 6-8 Clark Avenue
3 . Discussion with Attorney Smerczynski regarding Bertini and
Pellitier resolution
4 . Discussion regarding Palmer Cove Yacht Club
5 . Old Business
-Extension Permits - Fafard Companies
-Forest River Tidal Gates /
• QC9tl� o�
New Business
-Discussion of priority issues (}Y E?
—0Pd6hkq m o In ().
6 . Approval of Minutes
EX\DH\CC91092
10 q5
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAYSEPTEMBER 1.0_,1.9-92
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 10, 1992 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman Betsy Horne, George Ahmed, Fred
Harney and Bob Crowley. Absent were: Abby Burns, Thomas Walsh,
and Richard Arms. Also present were Debbie Hurlburt and Eileen
Sacco, Clerk.
DETERMINATION OF APPLICABILITY - TOWN OF MARBLEHEAD
Fred Harney recused himself from discussion of this matter.
Betsy Horne explained to the representatives from the Town of
Marblehead that since Mr. Harney had to recuse himself from
discussion of this matter, and the fact that three of the
Commission members were not present at the meeting, the
Commission did not have a quorum to discuss or vote on the
matter. Benjamin Bugsby, Mr. Bassett, and Dana Snow were
representing the Town of Marblehead and they agreed to postpone
the matter until the next meeting of the Commission on September
• 23, 1992.
A letter will be sent to the Commission agreeing to the extension
of the 21 day period from the date that the application is filed,
by which the Commission must act on the application.
NOTICE OF INTENT - NICHOLASrFIORE 6-8 CLARK AVENUE
Nicholas Fiore was present at the meeting with §nnis_McManu_s- ✓
ofa'ndmark-Engineering�)addressed the Commission to request
approval of a Notice o Y Intent for work to be performed at 6-
8 Clark Avenue. Thq propose to regrade the slope, loam and J
seed the slope, and install an erosion control / revegetation
blanket on the slope.
Betsy Horne noted that the neighbors of Mr. Fiore have come
to the Commission with plans to grade and maintain the slopes
in their yards and questioned whether they had consulted their
plans to coordinate things . Mr. McManus stated that he had
looked at the plans of the neighbors, but they did not
intentionally draft their plans to coordinate with the neighbors.
Mr. Fiore stated that the neighbors have started their 'work
but due to heavy rains they had to stop and allow the ground
to dry out. He also stae�d that he would do whatever he could
• to blend with the neighbo s plans . �-
1
-- v
George Ahmed asked for the stream to be identified on the plans.
• He also asked for the distance of the property from the stream.
Fred Harney recalled that Landmark Engineering had done the
original work for Mr. Colpitts when he subdivision. Q
He suggested that they may have t&rbriginal topograp of the
land prior to the dumping of the
L.L.L.L. FIT IvIcivianus stated that °
he thought that he did and he could probably provide the
Commission with the information.
Betsy Horne suggested that the Commission continue the Public
Hearing until the next meeting and the Commission hold a site
visit before the next meeting. A motion was made by Fred Harney
to continue the public hearing until the next meeting of the
Commission on September 23, 1992, seconded by Bob Crowley.
A site visit will be held on Saturday, September 12, 1992 at
8:30 a.m.
DISCUSSION WITH ATTORNEY rSMERCMYNSKIJ- REGARDINGtBSRTINh AND [T�h
PELLEITER RESOLUTION
1
The discussion of this matter was postponed to a later date.
DISCUSSION REGARDING THE PALMER COVE YACHT CLUB
Debbie Hurlburt addressed the Commission and stated that she
• had received a letter from Atty. Michael McMahon on behalf of
the Palmer Cove Yacht club, requesting that the Commission
consider allowing them to relocate an existing row of wooden
lockers that the divides the new and old properties to the rear
of the property line at 72 Leavitt St. The letter stated that
the relocation would allow the club to make sufficient use of
the parking area as well as boat storage in that area, which
is currently restricted due to the row of lockers.
Debbie also noted that the Commission had conditioned the project
and had requested that they install a bpm at the seaward side
of the property to prevent surface water runoff in that
direction. She also noted that the letter indicates that the
lockers would be placed on a concrete base which would extend
4 inches above the ground, and could prevent the runoff.
Betsy Horne suggested that the Commission visit the site to
take a look at the lockers. George Ahmed stated that he did
not want to sanction an eyesore, and he felt that a site visit
was a good idea. He also suggested that Debbie talk to Bill
Luster and explain what they want to do.
Debbie will notify Palmer Cove that the Commission would like
to visit Saturday, September 12, 1992 at 11 :00.
• 2
OLD / NEW BUSINESS
• EXTENSION OF PERMITS FOR (FAFARD COMPANY
1
Debbie Hurlburt informed the Comm' sin that she received a
letter from Atty. 'Serafini regard//the 21E status of the two
parcels that the Commission had questioned Fa�xtensions
of orders. The two parcels are 58 Swampscott Road, and a parcel
at First St. and Traders Way. The letter stated that the parcel
on 58 Swampscott Road was placed on the 21E list in December
of 1989, and was suspended. The extension that the Commission
granted expires on September 26, 1992. That extension needs
to be acted on by the Commission since it was approved, but
never recorded. The second parcel at First and Traders Way
expires in January of 1993.
George Ahmed stated that he is concerned about the time frame. ,
noting that he wants to examine the situation since it has been
four years and no work has been done. He suggested that the
Commission could grant an extension for 6 months until the spring
and see if any progress is made. Betsy Horne agreed and
suggested that they come in and talk to the Commission about
the status of the property.
PRIORITY ISSUES
Betsy Horne stated that she would like to have the city' s wetland
• maps redone and ha_4f looked into the matter. She stated that
it could cost $500.00 to have them redone with the assistance
of the city engineering department. She will talk to Mayor
Harrington to see if the city will approve the expenditure.
George Ahmed expressed his concern that all members are not
attending the meetings of the Commission. Betsy Horne also
expressed her concern and she will send a letter to the members
who frequently miss meetings.
OLD BUSINESS
Debbie Hurlburt informed the Commission that a copy of a letter
from JoyceSalvo to DEP had been received requested that the
City' s appeal be dismissed.
Debbie Hurlburt Rresented a letter from Gulf of—Maine classifying
the property at 38=Charles Street-;as isolated land subject to
flooding, and stating that they should be able to build there.
Betsy Horne suggested that the Commission should visit the site.
A site visit will be held on Saturday, September 12, 1922.
Debbie Hurlburt also referred to a letter from Atty_._John=Darling
informing the Commission that SESD` began their project on August
18, 1992. N
• 3
Debbie Hurlburt informed the Commission that the subdivision
• on Greenlawn Ave. is currently blasting. She also noted that
Stan Bigelow has requested that a catch basin be relocated,
but that it is not in the jurisdiction of the Commission.
Debbie also informed the Commission that she has received a
letter from DEP regarding dumping taking place at Salem High
School. She showed the Commission pictures that she took of
the area, and stated that they need to identify the wetland.
George Ahmed suggested that the Commission visit the site on
Saturday.
Debbie informed the Commission that she has visited the site
on Commercial Street where they are stockpiling materials from
Riley Plaza. She showed the Commission pictures and noted that
there are no problems there.
Betsy Horne informed the Commission that she has spoken to David
Shea in the Mayors office, inquiring as to the status of the
composting site since fall is approaching and residents will
be raking leaves and the city needs to have a site to put them.
She noted that Mr. Shea indicated that Stan Bigelow has been
busy and they would be working on it.
APPROVAL OF MINUTES
• The minutes of the meeting of July 23, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of July 23, 1992, seconded by Fred Harney 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 9 :25 p.m.
RESPECTFULLY SUBMITTED BY:
RE
EIiLEEN M. SAC O, CLERK
CC091092
• 4
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P Salem. Massachusetts 01970
' IS �-
�'t7d SSP�N
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, September 24 , 1992 , at
7 : 00 p.m. , One Salem Green, second floor conference room.
Betsv Hort "
Chair
• TENTATIVE AGENDA:
1 . Determination of Applicability - Town of Marblehead
Leggs Hill Road
2 . Notice of Intent - Continuation cf Public Hearing
Nicholas Fiore, 6-8 Clark Avenue
3 . Notice, of Intent - SESD, Fort Avenue
4 . Old/New Business .
5 . Approval of Minutes 36 CUa)L q ST.
EX\DH\CC92492 /
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Carl DcybL` '(t,a,,Dcu�o
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SALEM CONSERVATON COMMISSION
• MINUTES OF MEETING
SEPTEMBER 24, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 24, 1992 at 7:00 P.M.
Those present were: Chairwoman Betsy Horne, George Ahmed, Tom
Walsh, Abby Burns, Bob Crowley, Richard Arms and Fred Harney
(7:20) . Also present were Debbie Hurlburt, and Eileen Sacco,
Clerk.
DETERMINATION OF APPLICABILITY - TOWN OF MARBLEHEAD
(a.eNf O-j
Benjamin Bugsby, Wilbur sset, and Dana Snow were present at
the meeting to present a determination of applicabilty for
proposed improvements to -an existing entrance drive, which
includes the installation of sewer, water and gas services,
to supply a proposed water (booster) pumping station. Mr. Bugsby
stated that very little change will take place with the existing
entrance. He noted that the area was flagged by Gulf of Maine.
He also noted that they will try to stay behind the 100 ft.
buffer zone, but they may have to encroach for the grass. He
also noted that the new station is needed to back up the Tedesco
Pumping. Station.
George Ahmed asked what would be disturbed by the project.
Mr. Bugsby noted that they will have to remove some trees and
do some grading. He noted that there is a large concrete
structure that is a hazard and they plan to regrade and cover
it over to make it inaccessible. George Ahmed asked how many
trees they need to remove. Mr. Bugsby stated that he thought
about 12.
Dana Snow noted that the building has been designed to look
like a house to blend in with the neighborhood. He also noted
that the only traffic that should be going in there would be
a truck twice a day to check the operation, and occassionally
a maintenance truck.
George Ahmed asked how long the project would take. Mr. Snow
stated that they would like to grade this year and build next
year.
Abby Burns noted that it was a beautiful site and she hoped
they would save the oak trees. Mr. Snow stated that they moved
the location of the house back so that they could save as many
trees as they could.
Jean Levesque of 446 Loring Avenue addressed the Commission
and stated that his driveway is directly across from the
• entrance and that he was concerned about the traffic having
1
to stop on Loring Avenue. He noted that his concerns were
• satisfied if they are going to move the fence. He also noted
that they agreed to show the neighbors the plans.
There being no further questions or comments concerning the
plan, a motion was made by Abby Burns to close the public
hearing, seconded by George Ahmed and approved unanimously.
Motion made by George Ahmed to issue a negative determination,
seconded by Abby Burns and approved unanimously.
CONTINUED PUBLIC HEARING - 6-8 CLARK AVENUE - NICHOLAS FIORE
Betsy Horne noted that the Commission visited the site on
Saturday September 19.
Dennis McManus addressed the Commission on behalf of his client
Mr. Fiore. He noted that he had revised the plans and made
changes. He stated that they have retopoed the area abutting
the property, and located the edge of the water. He also changed
the plan to tie into the abutting properties. He noted that
the extension pipe has been changed from 8 to 6 feet and that
if they could they would like to keep the pipe 8 feet. He also
noted that the plan shows the existing condition of the Claveau
property with the completed work.
George Ahmed asked if they had any information on the condition
of the soil. Mr. McManus stated that they had not done any
testing, but that they could tell visually that it was some
sort of clay material that gets mushy when it rains.
Abby Burns noted that she was concerned about the project being
done correctly, since the Commission has previously issued cease
and desist orders to Mr. Fiore that were ignored.
George Ahmed stated that he was concerned about future erosion
and that he wanted to make sure that a proper ground cover was
being installed.
There being no further comments or questions concerning this
matter, a motion was made by Abby Burns to close the public
hearing, seconded by George Ahmed and approved unanimously.
The Commission discussed special conditions for the project.
George Ahmed suggested that a permanent marker be placed at
the toe of the slope, to prevent further encroachment.
Fred Harney suggested that the rip rap be maintained at the
out flow pipe.
Motion made by George Ahmed to issue an order of conditions
• with 11 special conditions seconded by Richard Arms and approved
2
unanimously.
• NOTICE OF INTENT - SOUTH ESSEX SEWERAGE DISTRICT
Betsy Horne introduced David Standley the consultant hired by
the City of Salem to work on the Secondary Sewerage Treatment
plant project.
Attorney John Darling addressed the Commission on behalf of
his clients SESD. He noted that the SESD has been mandated
to have a secondary treatment plant in place by 1997. He also
noted that they have 2 different layouts to present, for the
same piece of land. He noted that the drainage would be the
same for both. He also noted that the impact on the buffer
zone would be about the same for both.
Bill Keough of CDM addressed the Commission and explained the
concepts B and G. He stated that there is no significant
difference in the environmental impact of the two plans. He
explained the existing site drainage and located the areas
described on the plan. He estimated that 14,000 s.f. of coastal
storm flowage would be disturbed, and that the total volume
of runoff would increase by 5%. He also stated that the runoff
would be like typical roadway runoff. Mr. Keough also stated
that a siltation fence would be installed outside of the buffer
zone as well.
Mr. Keough also reviewed erosion and sedimentation controls
with the Commission.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission and stated that it is important to realize that the
activity is taking place within the existing facility site.
He also noted that all of the activity taking place is inside
of a coastal bank, and that they would be establishing a limit
of work with a siltation fence.
Atty. Darling also noted that concept B has gone trough the
MEPA process and received final approval. He further noted
that if concept G is approved they would change to that concept.
He also stated that they would immediately notify the Commission.
George Ahmed questioned the submission of two concepts. Atty.
Darling stated that if the secretary wanted further information
about concept G they would still be able to proceed on schedule.
Betsy Horne requested copies of the NOI for all Commissioners.
Fred Harney asked how much material they expect to bring in
to the site. Jane Madden stated that she did not know how much
material they would bring in.
• 3
Mr. Standley asked if the plan included advanced waste treatment.
• Mr. Keough replied that it is not proposed at this time.
George Ahmed asked if the system would handle the excess volume.
Mr. Keough stated that it can handle 41 MGD.
Betsy Horne suggested a site visit be held and continue the
Public Hearing until October 8, 1992. A site visit was scheduled
for Friday, October 2, 1992 at 8: 30 P.M.
A motion was made by George Ahmed to continue the Public Hearing
until October 8, 1992, seconded by Abby Burns and approved
unanimously.
OLD/NEW BUSINESS
38 CHARLES STREET
Dr. Hugh Mulligan explained his findings on the property at
38 Charles Street. He stated that he found it to be isolated
land subject to flooding, which has no buffer zone, and it is
not in the jurisdiction of the Commission.
Betsy Horne stated that she wanted to review the records of
the Commission to see if the property may have been filled.
Abby Burns commented that the garage being built on the property
looks out of place.
The Commission w' ie the situation and make a decision
at aallater
DUMPING AT SALEM HIGH SCHO
DPW Director ow was present at the meeting to address
concern of the Commission regarding dumping behind Salem High
School. He noted that prior to his coming to the City the site
was used for disposal of excess soil, and materials swept from
the streets and catch basins. He referred to a letter from
Steve Dibble of the Planning Department concerning the matter,
noting that he had seen the letter a year ago but was unable
to locate it recently. He noted that the letter implied that
the activity was taking place with the knowledge of DEP.
He also stated that the School Department leaves the gate open
at times and other parties are able to get in there to dump.
He asked that the Commission not issue a cease and desist order
as planned until he can address the situation.
Fred Harney asked about the pipe running parallel to the soccer
field. Mr. Bigelow stated that it has been extended regularly
by the DPW to act as an under drain for the fill.
4
• Betsy Horne stated that she was concerned that the fill would
impact the resource area.
Stan Bigelow stated that he has told the park department to
stop dumping there, but he can see from photos that they are
dumping tree trimmings there.
Tom Walsh stated that he knew that the dumping had been going
on for 10 years and suggested that they move the fence back
to the edge of the fill and lock the gate to prevent illegal
dumping. Stan Bigelow noted that he has difficulty with
department head on the issue.
George Ahmed suggested that the cease and desist order would
give Mr. Bigelow the opportunity to address the issue with the
School Department.
Betsy Horne suggested waiting two weeks to give Stan a chance
to address the problem and she would talk to the Mayor.
DISCUSSION WITH JOHN SERAFINI
Attorney John Serafini was present at the meeting to discuss
some issues with the Commission.
He reviewed the history of the Bertini Property and the orders
of conditions that were issued for the projects. He noted that
a second order of conditions was issued but the work has not
been done yet. He also outlined the resolution reached with
Atty. Smerczynski on behalf of the Pelletiers. He suggested
that the plans be reviewed by the Commission and the Planning
Department along with the City Engineer in order to settle the
issue once and for all.
Betsy Horne suggested that the Commission hold a site visit
on October 2, 1992 .
Atty. Serafini also updated the Commission on the status of
Salem Hospitals proposal for the Day Care Center on Colby Street.
He stated that an appeal has been filed and that the response
time has been extended twice by DEP. He also stated that he
thinks that they may bypass the pond all together.
Atty. Serafini was also present to have an order of conditions
extended for 58 Swampscott Road. Betsy Horne noted that the
Commission is concerned that the site may be a 21E site and
that they would like to know the status of that before extending
the Order. Atty. Serafini recalled that the site was purchased
and a plant for Maynard Plastics was built. At that time
material was found on the site and removed under the direction
of DEP. He also noted that a report from the engineers was
• sent to DEP three years ago. He also stated that if the site
5
is to be used then an assessment needs to be done before anything
• can be done. He asked that the Commission extend the Order
of Conditions for 30 days so that he can find out the status
of the property.
Motion made by Abby Burns to extend the Order of Conditions
until October 22, 1992, seconded by Richard Arms and approved
unanimously.
WETLANDS MAPS
Betsy Horne read a letter to the Commission that she sent to
Mayor Harrington with regards to the City' s Wetlands maps.
After discussing the matter of the maps and the possible
discrepancies in them, it was decided to find out if a wetland
legally exists if it is not indicated on a wetland map.
Betsy Horne also suggested that she send a letter to the Mayor
requesting that Associate Commissioners be appointed to the
Commission.
A letter will be sent to Atty. McMahon, indicating that the
moving of the lockers at Palmer Cove would not be a problem.
The Commission discussed the need to change the licensing
procedures for clamming. It was suggested that they need to
go to the City Council to have the Ordinance changed to include
State Conservation Areas as locations where clamming is not
allowed.
Debbie Hurlburt informed the Commission that Julie Armstrong
has completed the work on her property on Clark Ave. She also
wanted to know if the grass has to grow in before she can get
a Certificate of Compliance. George Ahmed suggested that the
Commission should need evidence that shows the efforts to
stabilize the slope.
APPROVAL OF MINUTES
The approval of the minutes of the meeting of September 10,
1992 was postponed.
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 Richard Arms and approved unanimously.
The meeting was adjourned at 10:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC092492
6
%ON CQIf
Salem. Massachusetts 01970
wW
Ass
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, October 8 , 1992 , at 7 : 00
p.m. , One Salem Green, second floor conference room.
Betsy-"Horne � p
Chair
TENTATIVE AGENDA:
1 . Continuation of Public Hearing for Notice of Intent - SESD
2 . Old/New Business "
* Salem High School 1
Bertini Discussion
* : 3$ hhables StreetI Cl6M 4�-
3 . A�prJ�o,341 (off Minutes `
Sy
C6c-+tc3a " tA-fcY'131
EX\DH\CC10892
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER. 8, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 8, 1992, at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Fred Harney, Bob
Crowley, Tom Walsh, George Ahmed, Richard Arms, and Abby Burns.
Also present was Debbie Hurlburt and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - NOTICE OF INTENT - SESD
Betsy Horne wanted it noted for the record that the Commission
held a site visit at SESD on October 2, 1992 and received an
extensive tour and discussion of the plant.
She opened the meeting up for comments and questions from the
Commission regarding the project.
George Ahmed referred to the drainage calculations in the Notice
of Intent and questioned the loss of open space in concept G.
Richard Arms asked that the storm drains be located on the plan.
• Betsy Horne noted that the SESD is buying homes on Fort Avenue
and questioned whether plans that they may have for those
properties would affect the drainage calculations . Atty. John
Darling stated that the Board of the SESD is committed to ;seeping
that land open space and that they should expect less runoff.
He stressed that no subsequent phases of this project would
be created in this open space.
George Ahmed gave a newspaper article to Atty. Darling concerning
Sodium Hypoclorate. Jane Madden stated that the SESD used liquid
rather than gas for safety reasons . Bob Crowley noted that
in 38 years on the fire department he only recalled one instance
where they had to go in and shut off the valves.
Richard Arms asked about the number of parking spaces for the
two concepts. Jane Madden stated that they would have about
100 parking spaces for visitors and staff, noting that they
have no formal parking spaces at present. Richard Arms also
noted that traffic at the plant should increase when the
secondary plant opens. Jane Madden stated that the staff would
increase by 500- .
Abby Burns asked if they could make an effort to keep some of
the trees that are there. It was noted that they maybe could
• keep some of the trees on the Cat Cove property.
1
• Fred Harney asked what the status of the MEPA review was. Atty.
Darling stated that they expect approval next week. :3e also
noted that concept B has been accepted.
^ichard Arms asked if a Pollution Prevention Plan outlining
the issues listed in Section 6 had been drafted. He noted that
it would alleviate the concerns of the Commission concerning
chlorine etc. Atty. Darling stated that they could make it
available to the Commission when it is prepared. Hugh Mulligan
stated that they are required to prepare it within 6 months
and it has to be maintained at SESD. He suggested that the
Commission make it a condition that it be provided before
construction begins .
George Ahmed asked if they plan to systematically test the
outfall opening. Atty. Darling stated that they have nothing
in the plan to do so, but that it could be a condition. Dr.
Mulligan noted that the general permit does not require the
testing of the outfall. George Ahmed noted that there was
nothing preventing the Commission from asking for testing.
Betsy Horne requested a maintenance plan for the traps and catch
basins. She also reviewed typos in the Notice of Intent and
asked that they be corrected for the record.
There being no further questions or comments from those present
• a motion was made by Abby Burns to close the public hearing,
seconded by Tom Walsh, and approved unanimously.
Betsy Horne informed those present that the Commission would
draft a set of conditions to be discussed at the next meeting.
OLD/NEW BUSINESS
Atty.=John Sera--ini addressed the Commission regarding the
!�,er_t nigproperty. He noted that there are two orders of
conditions and it needs to be determined if they are intertwined
and a cease and desist order needs to be lifted in order for
the work to be done. He also noted that the original plans
called for the construction of a fence, because Pumel
Construction was using the property, but since that order was
issued, Pumel moved out and they may not need the fence.
A ty. Seri'afini-also requested that the Order of Conditions for
mpscott Rd. for P9r!`Fafard be extended for one year with
e condition that if they intend to do any work on the site
that they come before the Commission before any work is done.
Motion made by George Ahmed to extend the Order of Condition
for one year with the condition that they notify the Commission
at least 60 days prior to any construction, seconded by Abby
• Burns and approved unanimously.
2
i
• 30 CHARLES STREET
Dr. Hugh 77u-1l gan=was present at the meeting to answer questions
concerning�38_Charles Street.
George Ahmed asked what regulations are used in determining
isolated land. Dr. Mulligan stated that they are according
to Mass . regulations.
Abby Burns asked Dr. Mulligan to explain isolated land. IIe
stated that there are different types of wetlands, noting land
subject to flooding as opposed to bordering vegetated wetland.
He explained that isolated land has no inlet or outlet and no
pond, stream or lake, and therefore has no buffer zone. He
stated that land subject to flooding is a depression in the
ground that collects water.
Betsy Horne stated that she would like to address legal concerns
and would like to wait until the next meeting to make a decision
on the matter. She noted that she wants to know what force
the maps have if the maps do not show the wetlands . She also
questioned who has to prove it. Tom Walsh noted that the
petitioner has to prove it.
Bob Crowley noted that the Building Inspector issued the building
permit and the Conservation Commission is being made the bad
• guy in this issue.
George Ahmed stated that he would like a plan with the footprint
and have Dr. Mulligan outline the isolated land area on the
plan in relation to the abutters.
Abby Burns suggested taking the plan to the new building
inspector and inform him of the situation.
SALEM HIGH SCHOOL
Debbie Hurlburt read a letter from Stan Bigelow addressing the
concerns of the Commission about the dumping at Salem High and
outlining the solutions that he has implemented.
Debbie Hurlburt informed the Commission that the Closure Designs
for GTE are available at the library.
APPROVAL OF MINUTES
The minutes of the meeting of September 10, 1992 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of September 10, 1992, seconded by George Ahmed
and approved unanimously.
•
3
• CERTIFICATE OF COMPLIANCE - CLARK AVENUE
Debbie Hurlburt stated that she had received requests for
Certificates of Compliance from Paul Claveau and Julie Amrstrong.
She also stated that Will Beaulieu has been to the site and
is satisfied that the work has been completed. She also showed
pictures which indicated that the vegetation has taken.
Motion made by Abby Burns to approve the Certificate of
Compliance for Paul Claveau, and Julie Armstrong, 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 George Ahmed and approved unanimously.
The meeting was adjourned at 9 :15 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERR
CC100892
•
•
4
CITY GF SALEM
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
On Thursday,October 22, 1992 at 7:00 p.m.the
Salem Conservation Commission will hold a public
hearing for a Notice of Intent under the Wetlands
Protection Act, M.G.L. Chapter 131, Section 40
at the request of Daniel Archibald.The proposed
work involves the construction of an extension of
a roadway within buffer zone of inland resource
area at 18 Freeman Road,Assessors Map 14 Lot
279.The hearing will be held at One Salem Green,
Second Floor Conference Room. R
BETSY HORNE, Chair
October 9, 1992 SN77974 '
SUN cQty
z C on on
• Salem. Massachusetts 01970
W
ft1 ��5
yASS�
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, October 22, 1992, at
7 : 00 p.m. , One Salem Green, second floor conference room.
Betsy Horne
Chair
• TENTATIVE AGENDA:
1 . SESD - Issuance of Order of Conditions
2. Notice of Intent - 18 Freeman Road
3 . Old/New Business S
L
* 38 Charles Street/pUY
4 . Approval of Minutes b • cT 2
Criz rr , l,, I�( � M(ACLCL4
EX\DH\CC102292 ✓ /""�� ��� �
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�dt� pv%I� t.eSt�1LSl,�
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER 22, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 22 , 1992 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman .Betsy Horne, Abby Burns, George
Ahmed, Tom Walsh, Richard Arms , and Fred Harney. Also present
were Debbie Hurlburt and Eileen Sacco, Clerk.
SESD - ISSUANCE OF AN ORDER OF CONDITIONS
The Commission and representatives of SESD reviewed a draft
set of conditions for the proposed construction of the secondary
sewerage treatment plant and made additions and deletions as
discussed. (The complete final Order is attached to these
minutes. \ �—
Atty. John Darling addressed the Commission and asked that the
Order be granted for five years rather than the usual three.
George Ahmed suggested that the Commission consider the five
year request with the stipulation that the Commission can amend _
• the conditions of the environment or the regulations change.
George Ahmed also expressed his concern that if the chlorine
tanks are put underground that they may have to be removed in
30 years. Jane Madden explained that the chlorine tanks are
not going to be under ground and that they will be in a building,
and will contain sodium hypochlorite. She also noted that the
tanks will have a concrete berm around them. She explained
that the tanks would be ventilated through the heating and
ventilation system to the atmosphere. She also stated that
there would be 3 fiberglass tanks , and only one is currently
in operation. George ),hmed stated that he would like a statement >
Om SESD describing at airborne gases would not be harmful
0 the area.
There being no further questions or comments concerning the
order of conditions , a motion was made by Abby Burns to issue
the Order of Conditions to SESD, seconded by George Ahmed and
approved unanimously. pp
NOTICE OF INTENT - f8-FP.EEMAN--ROAD� + 5Q 1 Sorg hw�
Atty. John_Keil-ty-addressed the Commission on behalf of his
client, Daniel Archibald and presented a Notice of Intent for
his property, located at 18 Freeman Road. They plan to construct
• a home on the property, which has bordering vegetated wetland.
He noted that they plan to install haybales , and will replicate
areas. The house will be slab on grade and will be 26 X 32.
1
• Betsy Horne asked if they planned to blast in the area. Atty.
Keilty stated that they would not be blasting for the house
because they are constructing with a slab on grade.
Mr. Peck of 12 Freeman Road addressed the Commission and stated
that he felt that they would need to blast. Atty. Iceilty stated
that anything in the way would be split, not blasted.
Ben Sylvanowicz of 13 Freeman Road addressed the Commission
and stated that his property is located across from the property
and noted that he is afraid that the realignment of the wetlands
would bring water to his property. He also noted that the sewer
does not drop to the city requirements of 71 feet and are only
5 feet.
Barbara Erps addressed the Commission and stated that she was
concerned that the large amounts of water would end up on her
property if the driveway goes in.
Chuck Pulec, of 5 Freeman Road addressed the Commission and
asked if the house was to be located in the wetland or the buffer
zone. Atty. Keilty stated that it is to be in the buffer zone.
Mr. Puleo asked if they had done any test pits to find out
the saturation point of the property. He also noted that he
• had to replace a portion of the sewer pipe from his property
and that the city still needs to replace a 30 foot section of
pipe up there.
Ralph Salvo addressed the Commission and stated that he thinks
that the 7� water and sewer should go right up to the property
line. //
Frank. Salvo addressed the Commission and asked that they consider
the whole street, and noted that they intend to ask the Planning
Board to have them extend the water and sewer lines.
Betsy Horne suggested that the Commission hold a site visit.
A Site visit was scheduled for October 31 , 1992 at 8:30 a.m.
A motion was made by Abby Burns to continue the Public Hearing
with consent of the applicant, seconded by George Ahmed and
approved unanimously.
OLD / NEW BUSINESS
3— -;1 _STR'ET
The Commission discussed lifting the cease and desist order
issued for 38 Charles Street. Richard Arms stated that the
legal answer to the question is that the applicant would be
• required to know if his property were located in a wetland or
not, no matter what the building inspector advised. He noted
2
that the owner needs to comply with the present regulations.
Debbie Hurlburt noted that the property was urchased in March
of 1990 by the present owners, and that do not know if
he filled in the property or not, or when the filling occurred.
Abby Burns expressed her concern that the building permit was
issued and asked how this could be prevented in the future.
Betsy Horne stated that the new wetlands maps should help the
problem.
George Ahmed stated that he wants a letter from Hugh Mulligan
stating his opinion of the land for the file.
Motion made by Abby Burns to lift the cease and desist order,
seconded by Fred Harney and approved unanimously. Betsy Horne
wanted it noted in the record that her yes vote was done under -�
duress.
Betsy Horne informed the Commission that she and Fred Harney
participated in a site visit to Ferris ' s Junk Yard with DEP.
They noted that the storage is right up to the resource edge,
and DEP should be issuing some sort of report.
Betsy Horne also informed the Commission that she met with Mr.
Mackey, Bill Luster, and Debbie Hurlburt, and Mr. Mackey is
• considering selling a portion of his land to build a Nursing
Home or Elder Care facility, but he would retain 3 residential
lots if he does sell any of the property. A WdZ li,oN('A f -5e �
tmx,ziClh U411 kqvcltK kntk 'f44-q OM4i, �W 0 1� biud , iL-?TbVac�,
Betsy Horne reported that the City Solicitor has ruled that
the city would need to have a home rule petition filed in order
to have Associate Commissioners .
Debbie Hurlburt informed the Commission that GTE would be
attending the December 10, meeting of the Commission.
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 Fred Harney and approved unanimously.
The meeting was adjourned at 9 :30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK.
CC102292
•
3
IUN CpI�t'
Conservatim Commissim
• Salem. Massachusetts 01970
.%"A SS'
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, November 12 , 1992 at
7 : 00 p.m. , One Salem Green, second floor conference room.
Betsyy Ho
Chair
•
TENTATIVE AGENDA:
1. Continuation of Public Hearing - 18 Freeman Road
Notice of Intent /
2 . Old/New Business G 10 ol ,Jn��,
- Discussion of Leggs Hill Road N�� �
- Discussion of Alternate Members --
- wetlands Mapping Update - Q VCi b,)
Sh.� lout-�� sau.�aei�.A
3 . Approval of M nutes
CSo6 hwlq'i wa
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EX\DH\CC111292 6K.-J mGa b ( 1�tcst Sa�^LL�s)
•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, NOVEMBER 12, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, November 12, 1992 , at 7:00 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairwoman Betsy Horne, Abby Burns , Fred Harney,
Tom Walsh, George Ahmed, and Richard Arms . Bob Crowley was
absent. Also present were: Debbie Hurlburt, and Eileen Sacco,
Clerk.
CONTINUATION OF PUBLIC HEARING - 18 FREEMAN ROAD - NOTICE OF
INTENT
Betsy Horne noted for the record that the Commission held a
site visit at 18 Freeman Road. Abby Burns, Tom Walsh, and Betsy
Horne attended. Fred Harney and Richard Arms visited the site
on separate occasions .
Betsy Horne asked for comments and questions from the Commission.
Atty. John Keilty was present representing his clients the owners
of the property.
• Abby Burns expressed her concern that there are some large trees
that are to be removed from the property for the construction.
She noted that she was concerned about erosion control and the
fact that they are old growth.
Atty. Keilty stated that they would like to keep the trees but
they would probably lose them in construction due to the location
in which they have to put the house. He stated that the house
could be moved a few feet but they are limited as to the location
of the house and they cannot guarantee that they would survive.
George Ahmed asked if they have plans to maintain the haybails
that they are installing around the resource area. He noted
that he would like to see safe guards against encroachment of
the wetlands. He also stated that he wanted to see iron markers
installed that would remain there as permanent markers . Paul
Sommer stated that they could delineate the edge of the resource
area and note on the deed that the area is marked. He also
state that the haybails would probably be maintained. He also
noted that if the project is properly stabilized that there
should be no need for erosion control .
Tom Walsh asked if the driveway would be paved. Atty. Keilty
stated that they would grade the driveway toward the resource
area . He also noted that they are not considering a catch basin
because of the• slope of the driveway. Tom Walsh also asked
if there were any plans to install a berm at t,4tTTend of the �
1 44-A-
• road. Atty. Keilty stated that a preexisting change in grade _
would not likely result in water problems ^Rhwt end of the
road. a6 4-
Fred Harney asked if the driveway would be hot top. Atty. Keilty
stated that they plan to pave it with hot top and that they
are extending the road to create a turn around, and the width
of the road would remain the same.
George Ahmed noted that the abutter Mrs . Erps expressed concern
that her property gets flooded during heavy rains . Paul Sommer
stated that if the pipe is maintained and the ditch area is
kept clean there should not be a problem. He noted that they
will not exacerbate her problem noting that there would be double
the capacity that is there now at a grade that will allow the
water to flow.
George Ahmed also noted that he was concerned about the use
of salt during the winter. Atty. Keilty stated that a no salt
condition would be appropriate.
Richard Arms asked if drainage calculations had been done.
Atty. Keilty stated that they have been done and describe where
the water runoff from the driveway would go. He also reviewed
the wetlands map and indicated the areas that they would be
working in. Richard Arms also expressed concern about the
elevation of the driveway and the effect on the Erps property.
7ChrisMello. stated that the driveway is not going to be built
up, and itw ill be stripped down and will be the same elevation
that is there now. He stated that a swale would be in the middle
r and explained the lower area where everything pitches .
Betsy Horne asked if Mr. Archibald intends to live there. Atty.
Keilty stated that Mr. Archibalds son would be living there.
Betsy Horne questioned the Notice of Intent that was filed,
referring to part 3 page 3-4 . Number 5 indicated that plan
A listed land subject to flooding. Atty. Keilty stated that
they wrote it that was to make the point about the compensatory
replication. He also noted that they have prepared an amended
page 5 to submit.
Betsy Horne stated that she would like to see a more detailed
plan for the driveway and the replication. Paul Sommer stated
that they would prepare one.
Betsy Horne also reviewed the language for the replication in
the NOI. She also asked what time of year the replication would
take place. Mr. Sommer stated that it would be in the spring.
Betsy Horne asked what the cost of the replication would be.
Mr. Sommer stated that it would be between $1 ,500-2, 000, noting
• that they are taking material from one place and placing it
directly to the replication area. He stated that if they
2
• stockpile and dewater they would have to use a more hearty
material.
Betsy Horne asked if they would be blasting near any section
_ of the buffer zone. Paul Sommer that there would be no blasting
in the buffer zone. Atty. Keilty noted that they do need to
blast in order to bring in the utilities, but that there would
be no blasting for the house or the driveway. Chris Mello also
noted that any hard material would be chipped or split.
Ed Polchlopek of 12 Freeman Road noted that when the street
was built it was called 100% ledge. He also noted that the
front of the driveway would be even with the Erps property.
Betsy Horne stated that the Conservation Commission cannot undo
past problems , but they want to make sure that the situation
does not get worse. She also noted that the rules and
regulations for wetlands allow for some encroachment.
Celia Polchlopek of 12 Freeman Road noted that nobody explained
the history of the pond and the area. She stated that it was
once only a brook, and the pond is there now because of the
construction of Witchcraft Heights .
Mr. Sylvanowicz of 13 Freeman Road described the ledge on his
• property. He noted that he was concerned that the water will
follow the pattern of the ledge, and he doesn ' t want anymore
water problems .
Chuck Puleo of 5 Freeman Road questioned what they plan to do
with the remaining pile of fill that is expected from the
extension of the street for the turnaround. He suggested that
if they remove it all it would alleviate the drainage problem
from that side of the street.
Chris Mello stated that the stockpile would have to be taken
offsite. Betsy Horne asked for more detailed drawings of this
area.
Frank Salvo noted that he was concerned that if the road is
continued that the guide lines of the Conservation Commission
would prevent the future development. He also noted that he
feels that the owner has gone out of his way to address the
neighbors concerns .
Debbie Hurlburt asked if test borings had been done to find
the saturation point.
Mr. SY lvanowicz asked who would monitor the property if
additional plans are brought in. Betsy Horne stated that she
is considering requiring that a clerk of the works from the
• planning department be on the project.
3
• Betsy Horne suggested that the Commission keep the public hearing
open so that the applicant can provide the information that
was requested at this meeting. Atty. Keilty agreed and they
will provide the following information at the next meeting:
j 1 . Flags 9 and 10 will be replaced with iron pins to serve
✓✓ as permanent markers.
2. Description of the location of markers 9 & 10 will be on
the deed. 0tXz-�9c
3. More detailed plans of the driveway will be provided.
4. They will slide the location of the house 4 or 5 feet.
5 . Provide more detailed plans for the extension of Freeman
Road.
6 . Show the proposed grade.
Motion made by Abby Burns to keep the public hearing opened,
until December 10, 1992 , seconded by George Ahmed and approve
unanimously.
OLD / NEW BUSINESS
Betsy Horne reported that they have heard nothing from Mr. Mackey
regarding the possible sale of his property. She wanted to
know if the members want to proceed with action against Mr.
Mackey for the violations that have been noted in the past.
Abby Burns suggested that the Commission wait. Fred Harney
agreed.
Betsy Horne reported that the City of Peabody have by laws which
allow for 7 members on the Conservation Commission and 2
alternates. She sent a letter to Kevin Daly and enclosed the
information from Peabody.
The Commission discussed the options available to the Commission
on the issue of replacing the wetlands maps. Debbie Hurlburt
explained the options which included buying infrared photos
and doing an overlay of the base map which would cost $1 , 500.00.
Betsy Horne suggested that they have Bill Luster submit the
request to the Mayor so that he can submit it to the City council
for approval.
Betsy Horne reported that she had spoken to Councillor Jane
Stirgwolt regarding the possible appointment of Steve Lovely
to the Board of Appeals . She noted that she is upset that he
could be appointed to serve on the Board of Appeal after ignoring
the violations that he had with the Conservation Commission.
• The Commission discussed the matter, and decided that the members
would contact the City Councillors to let their concerns be
4
• known.
Debbie Hurlburt reported that she has been notified that the
DEP is not granting Joyce Salvo' s request to dismiss the appeal.
A letter from Stan Porier regarding the Salem Hospital Day Care
Center on Colby Street was read and filed.
A request for a Certificate of Compliance was presented for
the MBTA. Motion made by Abby Burns approve the Certificate
of Compliance, seconded by Fred Harney and approved unanimously.
The minutes of the meeting of October 22 , 1992 were presented
for approval. The approval was postponed until December 10,
1992.
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 Fred Harney and approved unanimously.
The Meeting was adjourned at 9 :45 P.M.
RESPECTFULLY SUBMITTED BY:
• EILEEN M. SACCO, CLERK
CC111292
•
5
%ON Cp11
F Salem. Massachusetts 01970
y�.
yA sti nCN
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, December 10, 1992 at
7 : 00 p.m. , One Salem Green, second floor conference room.
Betsy Horne
• Chair
TENTATIVE AGENDA:
1 . Continuation of Public Hearing - GTE/Sylvania
2 . Continuation of Public Hearing - 18 Freeman Road
3 . Old/New Business
4 . Approval of Minutes
— 5tG2`t, N32
-Oct 8, 1992
-Oct 22 , 1992
EX\DH\CC121092
•
hJ
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, DECEMBER 10, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 10 , 1992 at 7 : 00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, George Ahmed,
Richard Arms , Tom Walsh, and Abby Burns . Fred HarnelyVpas a'bsent.
CONTINUATION OF PUBLIC HEARING - GTE/SYLVANIA ��
Mark Bornstein and Paul Sanborn of GZA represented GTIIIIIE/Sylvania l
at the meeting. Mr. Borenstein noted that the first phase of W-C
the state review should be completed by January 17 , 1993 . He � 1
also stated that they may have another technical review thatlf� J
could move the deadline another 90 days . Mr. Borenstein also (J `
suggested that it may be useful to the Commission to meet after
the comments from the state are issued in either February or
March.
George Ahmed asked how much change the state could make to
the reports. Mr. Borenstein stated that it is impossible to
• predict, but they feel that they have responded to all concerns .
Hugh Mulligan asked if they needed a ' ermit from��N' PDQ./ Mr.
Bornstein replied that they do not n eded o�aus�tt outfalls
will remain the same.
Abby Burns suggested that the Commission have another site visit
to familiarize new members with the area. Tom Walsh agreed
but suggested that the visit be after the comments from the
state have been received. George Ahmed stated that he would
like to see samples of the materials that they intend to use.
9:ard Seven Councillor Mark Blair asked ho.., close the closure
would come to the warehouse and expressed concerns that whoever
buys the property may be buying property that was built on a
land fill . Mr. Bornstein stated that test borings were done
and that no glass was found there.
Betsy Horne suggested that the Commission set a date to continue
the public hearing. It was decided to meet again on March 25 ,
1993 . Motion made by Abby Burns to continue the public hearing
to March 25 , 1993 , seconded by Richard Arms and approved
unanimously.
Hugh Mulligan will prepare his comments on the project and submit
them to the Commission to forward to GTE.
• 1
• CONTINUED PUBLIC HEARING - 18 FREEMAN ROAD
Paul Sommer of Sommer Engineering addressed the Commission on
behalf of his client Mr. Archibald. He noted that they have
addressed the specific requests of the Commission discussed
at the last meeting. He also noted that Atty. Keilty had revised
the Notice of Intent and made the additions and correction
brought up by Betsy Horne at the last meeting and two copies
of it and the revised plans were filed with DEP.
Mr. Sommer reviewed the requests made by the Commission:
wtli-ate bLewCa fati�
1 . Two iron pipes were set for flags - - nine and ten and
are noted on the plans.
2 . He also stated that there is a description of the proposed
conservation easement fiig�- on the plan� &-ad identified in
o purple.
3 . The driveway is indicated as being paved on the plan.
4 . The house has been slid out away from the tree, and a
notation is made indicating that the tree should remain
and all efforts to promote the growth of the tree should
• be attempted.
5 . A cross section of the replication area was provided.
Abby Burns asked if there was any room to pile snow should there
be any. Ben Sylvanowicz stated that the city plows the snow
and piles it at the end of the street. He also noted that
neighbors cut a trench in the snow towards the wetland.
Richard Arms asked what would keep the pipe from getting clogged.
Debbie Hurlburt asked if the pipe would have a grate on it.
Mr. Sommer stated that they have not planned for a grate but
that they could put a grate on it.
Frank Salvo suggested that if they extended the road beyond
the property it would help the snow pile situation.
Ben Sylvanowicz expressed his concern that the street would
have to be blasted for the water hook up. Mr. Sommer stated
that they indicated at previous meetings that there may be some
blasting required. Betsy Horne noted that a pre blast survey
would need to be done before blasting occurs.
Betsy Horne also asked if the Commission could have a cross
section of the driveway which would show the pitch of the
driveway. Paul Sommer stated that he would like to see the
• public
driveway. Paul
at this meeting, but he would be willing
2
to have the Commission condition it with him providing the cross
• section of the driveway.
George Ahmed questioned the elevations shown and noted that
the Erps elevation is 1 ,005 . He suggested that he would like
to see another pipe installed. Mr. Sommer stated that they
are not changing the elevation.
Mr. Sylvanowicz suggested that the Commission visit the site
after a storm to see what it is like up there. He also noted
that the abutters want the name of someone to hold responsible
if any damage occurs from the project.
Motion made by Tom Walsh to close the public hearing on the
condition that Mr. Sommer provide the Commission with a cross
section of the driveway, prior to the next meeting, seconded
by Abby Burns and approved unanimously. Special Condition will
be prepared for review and approval at the next meeting of the
Commission on January 14 , 1993 , and drafts will be sent to
Commissioners prior to that meeting.
OLD / NEW BUSINESS
Debbie Hurlburt informed the Commission that there will be an
adjudicatory hearing on the Colby Street Day Care Center, as
the neighbors are appealing the superceding order of conditions
• issued by DEP.
Betsy Horne noted that the Massachusetts Association of
Conservation Commission$ is holding their annual conference and
that she will be attending. Debbie Hurlburt will also attend.
All are welcome to attend.
�
Debbie Hurlburt informed the Commission that Andy Weinsteinu .----
had requested to move five piles of clean fill 100 ft. north.
Betsy Horne asked if he sent any written documentation as to
why he wants to move the piles . George Ahmed stated that if
it is clean fill it should be allright to move it.
Debbie Hurlburt also informed the Commission that the Planning
Board will be holding a Public Hearing concerning the Colby
Street Daycare Center proposed by Salem Hospital on December
17, 1992 . She noted that they need a Comment sheet from the
Commission.
Debbie Hurlburt presented a letter from the MBTA requesting
a Certificate of Completion for the Railroad Station rehab work
that was performed. The letter had the stamp of the engineer
and was in order. Motion made by Tom Walsh to approve the
Certificate of Completion, seconded by Abby Burns and approved
unanimously.
• Debbie Hurlburt stated that she would like to have a
3
representative from Fafard attend the next meeting to discuss
• the extension of Order of conditions 64-153.
APPROVAL OF MINUTES
The minutes of the meetings of October 8, 1992 , October 22 ,
1992, and November 12 , 1992 were all presented for approval
and reviewed. Motion made by Abby Burns to approve the minutes
of those meetings as amended, seconded by Richard Arms 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 Tom Walsh and approved unanimously.
The meeting was adjourned at 9 : 15 P.M.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO, CLERK
CC121092
•
• 4
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JANUARY 9, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, January 9, 1992, at 7: 30 P.M. in the second floor
conference room at One Salem Green.
Those present at the meeting were: Chairwoman Betsy Horne,
Richard Femino, Bob Crowley, Fred Harney and George Ahmed.
Also present were: Juli Riemenschneider, Debbie Hurlburt, and
Eileen Sacco, Clerk.
DETERMINATION OF APPLICABILITY - 225 JEFFERSON AVE. - DIANE
AND JAMES RICHMOND
Tony Fletcher addressed the Commission on behalf of his clients
Diane and James Richmond, and presented the plans he prepared
for the construction of a house and related site work, at 225
Jefferson Avenue. The property is located in the buffer zone.
Mr. Fletcher noted that the house would be 26 ' X 38 ' on a lot
that is 6, 500 s .f. He further noted that the property is bounded
on the north side by a retaining wall. The proposal also calls
for a 600 s .f. driveway.
• Mr. Fletcher explained the location of both on the plans and
pointed out areas that have existing paving. He stated that
the Richmonds will be removing all bituminous paving from the
lot. Mr. Fletcher also noted that they are planning to install
a fence on the east and south boundaries of the property.
Betsy Horne stated that she had looked at the site and noted
that there is a retaining wall there now. She asked what type
of fence they are planning to install. Mr. Fletcher stated
that it would be a 9 gauge chain link fence.
Richard Femino asked if the house would have a foundation.
Mr. Fletcher stated that there would be a foundation with a
full cellar, and that all materials dug up for the foundation
would be removed from the site.
George Ahmed asked if the new driveway would be sloped towards
Jefferson Avenue. Mr. Fletcher stated that the lot drains north
to south and street goes the other way, so they are going to
slope it towards the street. He also noted that there would
be no sever changes to the topography of the land.
Betsy Horne asked if there was anyone present at the meeting
who wished to speak in favor or opposition to the proposal .
There being no response the Commission discussed the proposal.
1
Motion made by Richard Femino for a Negative Determination with
conditions, seconded by Bob Crowley and approved unanimously.
The Commission will consider the conditions for the project
at the next meeting on January 23, 1992.
NOTICE OF INTENT - PUBLIC HEARING - NATIONAL PARK SERVICE
Stewart Delzel addressed the Commission and explained the plans
of the National Park Service for a two phase project that will
improve. and stabilize Derby Wharf and Central Wharf. He noted
that the first phase calls for the repair of Derby Wharf, by
placing bags of Portland Concrete cement throughout most of
Derby Wharf. He stated that this method was tested on Derby
Wharf this past summer and it was successful . He further noted
that the test of the concrete was done more to make sure the
Wharf would be historically preserved by using the method, rather
than for environmental purposes .
Mr. Delzel also reviewed plans for the reconstruction of a
portion of the stone wall, which is intended to stabilize the
wall.
Phase 2 of the project is the removal of a small parking area
on the site, to allow for the construction of public restrooms
• and showers. He noted that the NPS is looking to relocate the
parking spaces off site.
Mr. Delzel reviewed the dredging that is to take place as well.
He noted that testing shows that the top three feet of soil
is contaminated and will need to be removed to a DEP approved
land fill. He also noted that approximately 10,000 cubic yards
are suitable to disposal at the Massachusetts Bay Disposal Site.
He explained that the dredging should take 2 to 3 months and
that a silt curtain will be installed prior to the start of
the dredging. He also noted that the timing of the dredging
will be so that they avoid the critical spawning period of the
shell fish present.
Richard Femino expressed his concern that the area has a natural
break water and questioned whether the grout bags of cement
would take. Mr. Delzel stated that the bags will be placed
and should hold. He also noted that they will be maintained.
Richard Femino asked if they had any long term studies on the
process. Mr. Delzel stated that they did not.
Betsy Horne asked Mr. Delzel to elaborate on the possibility
of the Friendship being anchored at the Wharf. Colleen Bruce
of the NPS addressed the question and noted that there is an
overall improvement plan being developed which would hopefully
allow for the building on or off site of a ship that would be
• historically depict the area as it was when ship building was
done in Salem. She noted that the ship would be anchored in
2
the harbor and would be turned once a year.
Betsy Horne also noted at the MEPA meeting held on the proposal,
it was noted that Salem Harbor is more contaminated than is
shown on the NPS results. It was noted that the samples for
the testing were taken in June, July, and August of 1990, and
the bioassays were done in November of 1991 .
Betsy Horne also noted that the MEPA report has been sent to
the Division of Marine Fisheries. Mr. Delzel stated that the
other problem that the MEPA meeting raised was that they would
rather see a cofferdam installed rather than a silt curtain
that is proposed. He noted that the cofferdam would triple
the cost of the project, making it almost impossible to proceed
with the project.
Richard Femino asked if the contaminated material that needs
to be removed from the site would be stock piled until it can
be moved. Mr. Delzel stated that it would be stockpiled on
barges, since it needs to be dewatered before it can be moved.
Betsy Horne referred to page 48 of the proposal which referred
to the Central Wharf timber piles . Mr. Delzel stated that the
timbers proposed - CCA are the only ones allowed by DEP.
Betsy Horne asked if there was anyone present at the meeting
• who wished to comment on the project.
Jeff Hyatt of 10 Palfrey Court addressed the Commission and
expressed his concern about the smell of the contaminated soil
that it is to be stockpiled on barges during the dredging.
Mr. Delzel reported that some of the sediment will be disposed
of at sea and the odor should only be present for about 2 or
3 weeks. Betsy Horne suggested that the Commission could make
it a condition that the barges be located away from the houses
in the area.
George Ahmed asked if the area would be secured from the public.
Mr. Delzel stated that the area would be fenced off so that
the public could not get in.
Dawn Hyatt of 10 Palfrey Court asked if they would be doing
the work during the summer. It was noted that the dredging
would not take place until September to avoid the spawning
season. Mrs . Hyatt also asked if the loss of the parking spaces
would affect the area. Colleen Bruce noted that the construction
workers would be asked to use parking on site to avoid taking
up spaces along Derby Street.
Richard Femino asked if the dredging would be done in the water.
Mr. Delzel stated that the dredging would be done with a crane
0 on a barge in the water.
3
Betsy Horne suggested that the Commission should continue the
Public Hearing until February 13, 1992, so that they may get
the results of the MEPA report before giving a decision. She
also suggested that the Commission could discuss possible
conditions at the next meeting.
Motion made by Bob Crowley to continue the Public Hearing until
February 13, 1992, seconded by Richard Femino and approved
unanimously.
The NPS gave written approval for the Commission to continue
the Public Hearing until February 13, 1992.
DISCUSSION - BERTINI PROPERTY
Dr. Hugh Mulligan of Gulf of Maine Research Inc. reported that
the two Attorneys have met with their clients and are trying
to reach an agreement. Juli reported that she had spoken to
Atty. Serafini and he also indicated that they were working
out a solution to present to the Commission.
DISCUSSION - UPDATE ON ONE PEABODY STREET
Betsy Horne reported that the Commission had received a letter
from the City authorizing them to proceed with the amendment
• to the Order of Conditions for One Peabody Street. Juli noted
that the Commission will advertise for the amendment in the
News, and have the Public Hearing at the next meeting.
OLD/NEW BUSINESS
Mackey Property - Juli reported that she sent a letter to Mr.
Mackey asking him to come in to the Commission to explain what
he is doing on his property. She stated that he called and
stated that he would do whatever the Commission wanted him to
do. He stated that he would come to this meeting, but Juli
noted that she did not encourage him to attend this meeting
since he had no prepared plans and the agenda was heavy.
Betsy Horne suggested that she would like to see Mr. Mackey
flag his property in the area where he is working, so that it
is clear where the work is in relation to the wetland.
Nicholas Fiore - Juli reported that Mr. Fiore called her from
Florida,and she noted that he does not seem to want to cooperate.
She stated that he indicated that he would write a letter to
the Commission.
Betsy Horne noted her concern about people who ignore the
Commission and stated that she wants to pursue some method of
fining them for violations. Juli reported that she had been
in contact with the Town of Barnstable, to inquire about the
method that they use. They are sending her a copy of the
4
procedure. Betsy Horne stated that she would like the members
of the Commission to explore these policies so that the
Commission can work with the Administration to formulate policy
that Salem can implement.
GTE Site - Betsy Horne reported that she met with Ed Hawkins
from GZA with regards to the PIP status of the site and he will
be at the next meeting to talk with the Commission.
Boston Gas - Juli reported that the Boston Gas site has been
classified as a "priority site" .
APPOINTMENT OF A NEW ACTING CHAIRPERSON
Betsy Horne stated that since she was the Acting Chairperson
the Commission should elect a new person.
Richard Femino nominated George Ahmed to be Acting chairperson,
seconded by Bob Crowley and approved unanimously.
COMPUTER FILES
Betsy Horne reported that Juli has started to use a Data Base
to keep track of matters that come before the Commission. Juli
gave the members a copy of the information that she could input
• into the system. Betsy Horne asked that the members review
it and comment or add information that they feel is necessary.
APPROVAL OF MINUTES
The minutes of the meeting of November 14, 1991 , were presented
for approval. Motion made by Richard Femino to approve the
minutes of the meeting, seconded by Bob Crowley and approved
unanimously.
The minutes of the meeting of December 12, 1991 were presented
for approval. Motion made by George Ahmed to approve the minutes
of the meeting of December 12, 1991 , seconded by Richard Femino
and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by George Ahmed to adjourn
the meeting, seconded by Richard Femino and approved unanimously.
The meeting was adjourned at 9 :30 P.M.
RESPECTFULLY SUBMITTED BY:
6.e JaAa
EIT,EEN M. SACCO, CLERK
CC010992
5
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JANUARY 23, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, January 23, 1992 at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Bob Crowley, Abby
Burns, Richard Femino, and Fred Harney. Also present were Juli
Riemenschneider, and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - GTE GLASS LANDFILL CLOSURE
Fred Harney recused himself from discussion of this matter.
Ed Hawkins from GZA Environmental addressed the Commission and
stated that the project is in limbo at this time. He noted
that they are going through the MEPA process and are waiting
for a final report to be issued. He stated that the comment
period ended today ( 1 /23/92) , but that GTE granted a two week
extension to allow the Secretary to incorporate the comments
from the PIP Meeting that will be held next Thursday, January
30, 1992 . He opened the meeting up to questions from the
audience and the Commission.
• Tom Capano of 139 Loring Ave. addressed Mr. Hawkins and asked
how hard GTE was pushing to cover over the land fill rather.
than to remove it. Mr. Hawkins stated that they want to work
with all of the agencies involved and cooperate with them
regarding the land fill closure.
Ann Fournier of 5A Cleveland Road Ext. asked if a copy of the
report would be available at the Salem State College Library
as previously requested by the neighbors . Mr. Hawkins stated
that the PIP draft would be available at the meeting on January
30, 1992, and that they should be able to comply with that
request.
Ellen Galligan of 22 Cleveland Road noted that there is quite
a bit of glass that is uncovered and visible, and asked if GTE
plans to do something about that. Mr. Hawkins stated that they
are still in the approval process and that will be addressed
in the plans.
William Davis of 6722 Loring Ave. asked if the chemical spills
would be taken care of. Mr. Hawkins stated that the Mass.
Contingency Plan deals with the entire site, and the MEPA process
deals with the glass landfill only.
Robert Blenkhorn, Health Agent for the City of Salem asked if
. the Board of Health would be consulted on this project. Dr.
1
• Hugh Mulligan, consultant for the City of Salem on this project
stated that under the Flood Hazard By-Law the Planning Board
will review the project and notify all city agencies and board
for comments on the project.
There being no further questions or comments concerning the
project at this time a discussion was held on how long to
continue the Public Hearing.
Motion made by Abby Burns to continue the Public Hearing to
March 12, 1992, seconded by Bob Crowley and approved unanimously.
REQUEST FOR AMENDMENT OF ORDER OF CONDITIONS - ONE PEABODY ST.
Fred Harney returned to the meeting at this time.
Dr. Hugh Mulligan from Gulf of Maine Research Inc. addressed
the Commission on behalf of his client George Peabody Cooperative
Bank, requesting an amendment of the Order of Conditions issued
to them that they be allowed to pave a portion of City owned
land that was not included in there original proposal.
Dr. Mulligan noted that there is a small pile of fill that has
been covered and is frequently uncovered by kids in the area.
Betsy Horne noted that the Commission has received a letter
from the City Solicitor regarding the legal status of the
• property and conditions that the city has placed on the use
of the property. The letter stated that the city needs to be
indemnified from any responsibility of the property.
Fred Harney expressed his concerns that there should be a berm
or curbing placed to prevent runoff. He also noted that there
are safety concerns. He suggested that perhaps a guard rail
or wooden posts should be installed as a safety measure.
It was noted that a minimal amount of hot top should be used
in the area. Juli Riemenschneider noted that Stan Bigelow
required that a minimum of 3 inches of hot top should be placed
when he approved the project. Fred Harney suggested that the
3 inches should not be higher than the wall and that the sea
wall should be cleared of all material.
The Commission discussed special conditions for approval of
the project.
1 . Indemnification needs to be finalized.
2. No Parking shall be allowed on the area.
3. A structure suitable to prevent entry of vehicles into the
South River shall be constructed.
• 4 . A minimal amount of hot top shall be used in the. area.
2
5. No bituminous material shall be placed on the sea wall.
6 . Property must comply with regulations and requirements of
all city boards and commissions.
Motion made by Abby Burns to ratify and confirm the vote of
11 /29/91 , seconded by Fred Harney and approved unanimously.
Motion made by Fred Harney to amend the Order of Conditions
issued on 11 /29/91 to include the 6 additional conditions,
seconded by Abby Burns and approved unanimously.
CERTIFICATE OF COMPLIANCE - SALEM HOSPITAL PARKING LOT K
Juli Riemenschneider presented a letter from John Paulson of
Atlantic Engineering & Consultants requesting a Certificate
of Compliance for the Salem Hospital Parking Lot K. She also
noted that the order of conditions has a special condition
that the parking lot be maintained annually and that the
Commission be notified that the maintenance has been done. Betsy
Horne suggested that the Certificate of Compliance be issued
with the condition that a letter be sent to the Commission
annually by December 15, notifying the Commission that the work
has been completed.
Motion made by Richard Femino to issue a Certificate of
• Compliance to Salem Hospital Parking Lot K, and that the
Commission be notified annually by December 15, that the annual
maintenance has been completed, seconded by Abby Burns and
approved unanimously.
DISCUSSION AND DEVELOPMENT OF SPECIAL CONDITIONS FOR NATIONAL
PARK SERVICE, DERBY WHARF - (#64-200)
The Commission discussed the proposed conditions for the NPS,
work to be done at Derby Wharf.
Richard Femino stated that the Chase House has not been informed
of the proposed work and that they are concerned about the smell
that the work will create. He also noted that he feels that
the they should be hauling the fill away daily rather than have
it sit there.
Juli noted that the Peabody land fill required that the fill
be dewatered before they would accept it. She suggested that
the Commission could request that they find a land fill that
would accept it wet, or find an alternative site for it to dry.
Fred Harney noted that he feels that there is too much emphasis
on the contractors responsibility and that when a contractor
is chosen they should meet with the Commission to discuss
procedures .
3
Juli suggested that the Commission could look at the bid
documents before they go to bid.
Juli and Debbie will finalize the conditions before the NPS
comes to the next meeting, and work on the concerns of the
Commission.
OLD/NEW BUSINESS
Betsy Horne reported .that she met with Mayor Harrington
concerning the issue of enforcing violations. She noted that
she told him of the Commission's concern about violations and
the Commissions inability to pursue violators. She stated that
the Mayor expressed concern about the violations as well and
suggested that the Commission should write letters to him
informing him of concerns about possible violations and invited
them to meet with him or Kevin Daly to review them.
MACKEY PROPERTY
Juli reported that Mr. Mackey' s Attorney will meet and draw
up a plan for the next meeting. , She noted that Mr. Mackey has
been in touch with Bill Luster and the water level in the pond
was discussed. She noted that the pipe is supposed to be
maintained by the City and it appears that it has not been
maintained. Mr. Mackey claims that by not maintaining the pipe
• the city has caused the level of the pond to raise and has
flooded his land. She noted that it needs to be determined
cohere 100 feet from the pond should be had the pipe been
maintained.
Betsy Horne informed the Commission that the new member being
appointed to replace John Vallis is Richard Arms, an Attorney
with the MWRA.
APPROVAL OF MINUTES
The minutes of the meeting of January 9, 1992 were presented
for approval. Motion made by Abby Burns to approve the minutes
as amended, seconded by Bob Crowley and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made Abby Burns to adjourn the
meeting, seconded by Richard Femino and approved unanimously.
The meeting was adjourned at 9 : 30 P.M.
RESPECTFULLY SUBMITTED BY:
4 jae,,n�
E' leen M. Sacco, Clerk
CC012392
4
._ •�s
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 13, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 13, 1992, at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, George Ahmed, Fred
Harney, Richard Femino, and Abby Burns. Also present were:
Debbie Hurlburt, and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - NATIONAL PARK SERVICE - NOTICE
OF INTENT - DISCUSSION AND DEVELOPMENT OF SPECIAL CONDITIONS
(#64-200) .
Debbie Hurlburt addressed the Commission and stated that a
meeting was held between Bill Luster, Betsy Horne, and Colleen
Bruce of the National Park Service to discuss the concerns that
the Commission had at the Public Hearing. She noted that the
major concerns were the silt curtain, the dewatering of the
soil, and the combined sewer over flow.
The Commission discussed the proposed conditions prepared and
made additions and deletions to them.
• The Commission noted that future activities beyond those
specified in this notice of intent shall require a separate
filing.
Betsy Horne requested that the Contractor when selected should
meet with the Commission to establish the critical path for
the project. Richard Femino questioned if the project would
be awarded to the lowest bidder. Colleen Bruce replied that
contract would be awarded to the lowest responsible bidder and
suggested that a member of the Commission or a designated
representative could attend the pre-construction conference
that will be held prior to any work being started.
Fred Harney requested that the silt fence be inspected every
three days and that repairs be made in a timely manner.
The Commission discussed the dredging process and the removal
of the dredged material. Representatives of NPS explained the
process and the methods of removal and storage with the
Commission. Richard Femino suggested that they could put barges
out in the water to dry the material, noting that they can not
leave it in the channel because boats will not be able to get
through. He also suggested that they contact New England Power
to see if they could store the barges over there.
• There being no further questions or comments from those present
a motion was made by Abby Burns to approve the Order of
Conditions , with the special conditions as amended, seconded
by Fred Harney and approved unanimously.
INFORMAL DISCUSSION - JAMES FLEMMING - REGARDING CONSTRUCTION
OF A DRIVING RANGE ON SWAMPSCOTT ROAD.
Attorney James Flemming addressed the Commission on behalf of
his client Vin Dilisio. He showed the Commission plans of the
area and identified lot #63 next to Maynard Plastics as the
site for a golf driving range. He noted that they are meeting
with the Commission to informally discuss the plans and to get
input from the Commission before making any definite plans .
Atty. Flemming noted that 3 Orders of Conditions have been issued
by the Commission for this property, which is owned by Fafard.
He also stated that he felt that they could use the Order of
Conditions that has been issued. He also added that they plan
to build a new road to access the rest of the property.
Abby Burns stated that they should not use any chemical in the
area of the wetlands.
Richard Femino asked if there would be any hot top. Atty.
Flemming stated that they felt that the Commission would like
it better if they did not use hot top so they have no plans
• to use any.
Betsy Horne suggested that the Commission make an informal site
visit to review the property. It was decided to hold a site
visit at a later date.
OLD/NEW BUSINESS
One Peabody Street - Dr. Hugh Mulligan presented the
amendedplans for One Peabody Street which show the location
of the City owned property which will be paved as per the Amended
Order Of Conditions issued on January 23, 1992.
Enforcement Orders
Bertini Property - Betsy Horne stated that the State had issued
it ' s decision concerning the appeal of the decision of the
Conservation Commission and issued a Superceding Order of
Conditions that is similar to the one issued by the Salem
Conservation Commission. She noted that she felt that the
neighbors might agree to something now that this had been issued.
Tri - City Sales - Betsy Horne requested that the Commission
send Will Beaulieu out to the property to see if there is a
problem and if anything has been done to clean up the area.
• Fiore Property - Betsy Horne read a letter from Mr. Fiore
regarding the work that he is doing. She suggested that Will
Beaulieu check the property as well.
Betsy Horne announced that Mayor Harrington has given the
Commission and intern 2 days a week, and they will be working
on the data base.
Betsy Horne also informed the Commission that she has complied
a list of all of the Special Conditions that the Commission
used for easy reference.
APPROVAL OF MINUTES
The approval of the minutes of the meeting of January 23, 1992
was postponed until 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 Fred Harney and approved unanimously.
The meeting was adjourned at 9 :40 P.M.
RESPECTFULLY SUBMITTED BY;
E�EEEN M. SACCO, C�
CLERK
CCO21392
•
•
` SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 27, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 27, 1992 at 7:30 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Abby Burns, Fred
Harney, and George Ahmed. Also present were Debbie Hurlburt
and Eileen Sacco, Clerk.
REQUEST FOR _DETERMINATION OF APPLICABILITY_ - SA_N_FORD ECOLOGICAL
SERVICESLINC. - REPRESENTING AMTRACK. i
Richard Albano of Sanford Ecological Services Inc. , addressed
the Commission on behalf of his client Amtrack, to request a
Determination of Applicability for two additional delineations
between Jefferson Avenue and March Street. He noted that in
1989 the Commission approved the delineations which are now
used by Amtrack for their spraying along the track. He also
noted that the yearly operational plans of Amtrack are submitted
to the State and City of Salem prior to approval . He specified
that the Mayor, Conservation Commission, Board of Health, and
the City Council should get copies of it.
George Ahmed asked if they had any documentation of the chemicals
which are used. Mr. Albano stated that he did not have it with
him, but noted that a 21 day notice is required before the
application of herbicides .
Mr. Albano explained the IPM, which stands for the areas beyond
the spray zone. He also noted that Amtrack has sprayed twice
since the dilineations were approved without incident.
Motion made by Abby Burns for a Negative Determination, seconded
by George Ahmed and approved unanimously.
INFORMAL DISCUSSION WITH ATTORNEY JOHN SER_A_FINI_ AND ELLEN WIN_KLER
CONCERNING PAUL CLAVEAU - CLARK AVENUE
Attorney John Serafini addressed the Commission on behalf of
his client Paul Claveau, and explained that Mr. Claveau purchased
his property in September of 1988 from David Colpitts . He
explained that since then his property was filled without his
knowledge or authorization. Atty. Serafini noted that his client
has had to expend about $100,000.00 to correct the situation.
Atty. Ellen Winkler addressed the Commission and explained that
if they take the steps that the Commission outlined and being
the slope of the property from 1 . 6 to 3-1 they would be creating
a trench in the middle of the property, and felt that it would
• 1
contradict what the Commission hoped to achieve. She noted
that they propose to bring the slope to 2-1 and seed it and
cover it with erosion control matting to allow vegetation to
establish.
Betsy Horne asked if there was any vegetation there. Atty.
Winkler stated that some of the seeding that took place did
take but not enough.
George Ahmed expressed his concern that the bottom of the slope
should be brought back 10 feet to be consistent with the contour
of the standing water.
Betsy Horne suggested that the Commission needs to decide if
they are going to handle the parcels on Clark Avenue individually
or as a group.
Fred Harney expressed his concern that the slope is steep.
Abby Burns suggested that the Commission have a site visit to
the area to see what has happened since the last visit. It
was also suggested that they should meet at the site with Mr.
Claveau ' s engineer before he draws the plans to discuss bringing
back the slope.
OLD/NEW BUSINESS
79. VALLEY STREET
• Debbie Hurlburt explained that she has received a letter from
Mr. Anderson 79 Valley Street, claiming that the DPW did not
do what they were supposed to do concerning the problem of
mosquitoes in the area. She noted that the DPW did the work
that they were supposed to do up there and suggested that she
have the legal department send Mr. Anderson legal opinion of
the matter.
1 PEABODY STREET
Dr. Hugh Mulligan addressed the Commission and stated that the
map that they requested has not been delivered to him, and as
soon as it is he will forward it to the Commission. He also
noted that his clients Attorney is addressing the indemnification
issue.
1 WEATHERLY DRIVE - MR. TIGHE
Debbie Hurlburt addressed the Commission and referred to two
letters that she received from Mr. Tighe of 1 Weatherly Drive
concerning a wet area that seems to be getting bigger. She
located the area on the wetlands map and it was decided to have
someone go out there and see what it is about. Debbie will
contact Juli Riemenschneider to discuss it with her since she
2
started to handle the matter before her maternity leave.
Debbie also introduced Michael Collins to the Commission. He
is the intern to the Commission, and will be working on special
projects.
STORM DRAIN AT DERBY STREET
The sanitary sewer connection to the storm drain at Derby Street
was discussed and a letter from Stan Bigelow explaining the
matter was presented. Betsy Horne suggested that it is not
a matter for the Commission to address and suggested sending
it to the Mayor ' s Office for coordination.
TRI-CITY SALES
Debbie reported that Will Beaulieu took new pictures of the
property at Tri-City Sales , and noted that the site was supposed
to be clean up and a fence installed, but since the owner has
evicted the tenant that caused the problem, he now wants to
back out of the agreement. George Ahmed suggested that the
Commission have the owner clean up the site to what it was before
the tenant created the mess .
NICHOLAS FIORE
Betsy Horne noted that she received a letter from Mr. Fiore
stating that he would be in touch when he comes back from
• Florida. She noted that she wants to stay on top of this matter
and suggested sending him another letter.
Betsy Horne also suggested that she would like to set up sub
committee on enforcement issues so that the Commission can move
to get some authority to issue violations that have some teeth
in them , to avoid situations such as Mr. Fiore ' s .
MACKEY SITE VISIT
Betsy Horne reported that she and Bill Luster visited Mr.
Mackey ' s property and his complaint is that the City did not
comply with maintenance on a pipe that has caused him to lose
4 or 5 acres of land because the level of the pond keeps rising.
She also noted that he has plans to start a catfish farm on
the property. She noted that the pond is Mr. Mackey ' s and the
Town of Marbleheads with in the City of Salem.
TIDAL GATES AT FOREST RIVER
Betsy Horne announced that Abby Burns will be preparing the
tidal gates chart for the opening and closing of the gates,
that the Commission will be sending to the Mayor as a suggested
guide to open and close the gates .
3
•
NATIONAL PARK SERVICE - CLARIFICATION OF SPECIAL CONDITION 6H
Debbie explained that she received a letter .of clarification
from the NPS on special condition 6H which stated that they
could dredge 100 c. y. daily during the installation of the
bulk head and they are concerned that this will be confused
with the rest of the dredging. Betsy Horn suggested that they
should send a signed copy of the letter for the file.
APPROVAL OF MINUTES
The minutes of the meeting of January 23, 1992 were presented
for approval . Motion made by Fred Harney to approve the minutes
of the meeting of January 23, 1992 seconded by Abby Burns and
approved unanimously.
The minutes of the meeting of February 13, 1992 were presented
for approval. Motion made by Fred Harney to approve to minutes
of the meeting of February 13, 1992, seconded by Abby Burns
and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by George Ahmed to adjourn
the meeting, seconded by Abby Burns and approved unanimously.
The meeting was adjourned at 9 :45 P.M.
. RESPECTFULLY SUBMITTED BY:
&4� . A..
- EI/LEEN M. SACCO, CLERK
CCO22792
• 4
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MARCH 13, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 13, 1992 at 7: 00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Fred Harney, George
Ahmed, Richard Arms and Thomas Walsh. Also present were Debbie
Hurlburt and Eileen' Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - GTE, BROAD DISCUSSION OF
LANDFILL AND STRUCTURE
Ed Hawkins and Mark Borenstein were present at the meeting to
address the Commission to discuss the status of the land fill
on Loring Ave.
Mark Borenstein addressed the Commission and stated that GTE
wished to put one inch of loam on the base ball field at Pickman
Park to cover the glass. He stated that they want to do so
to protect the children in the area this summer. He also stated
that there would be minor impact from the placement of the soil.
• George Ahmed suggested that the Commission have a site visit
on Saturday at 10 :00 A.M. to see the situation so that the
mem'Jers can address the request.
Richard Arms asked what good one inch of soil would do. Mr.
Borenstein stated that this is a temporary cap to cover the
glass. He stated that they would use sand on the infield and
soil on the outfield.
The Commission decided to have a site visit on Saturday, March
15, at 10: 00 A.M.
Ed Hawkins addressed the Commission to give the members a broad
look at the entire proposal by CTE.
He reviewed tha permitting process that has taken place so far
and detailed the plans of the project in the areas that are
not in the jurisdiction of the Commission.
Ann Fournier of Cleveland P.oad. Ext. addressed Mr. Hawkins and
asked what is going to happen to the ball park when the work
is done. Mr. Hawkins stated that the ball field will be there
when the work is done and that it is included on the plans.
Grace Riley of Loring Avenue asked if the land fill behind the
plant had been started. Mr. 'Hawkins stated that it has not
been started.
• Ellen Gallagan of Cleveland Road asked if additional test borings
have been done. Mr. Hawkins replied no. Ms. Gallagan also
asked why the glass is not going to be removed. She noted that
she felt that if they are going to excavate it and move they
should just take it out. Mr. Hawkins stated that the analytical
data that they have is not suggestive of a large impact to the
environmental setting, and that there is no justification from
a risk prospective to remove it, so why spend the money.
George Ahmed noted that two feet of additional fill would affect
the runoff. He asked where the runoff goes now. Mr. Hawkins
stated that most of the surface water infiltrates right through
to the ground. George Ahmed asked if a study had been done
on the impact of the runoff. Mr. Hawkins stated that they have
not.
Robert Blenkhorn, Health Agent for the City of Salem noted that
if detention basins are not present, they have to provide for
the runoff somewhere else.
Mr. Hawkins stated that they are in the process of evaluating
the effects of triclorolethene. Betsy Horne asked if the TCE
will chemically breakdown over a period of time. Mr. Hawkins
stated that it would and that they documented well , what it
can break down.
• Motion made by George Ahmed to continue the Public Hearing until
March 26, 1992, seconded by Richard Arms and approved
unanimously.
NOTICE OF INTENT: W. R. CONSTRUCTION CO. - CAT ISLAND
Bill Rice of W.. R. Construction Company addressed the Commission
and presented plans for the construction of a pier/gangway system
in order to provide access to an existing float. He noted that
the project is in the buffer zone to a resource area classifiable
at a Coastal Bank. He further noted that the proposed project
would not adversely effect the stability of the coastal bank
as required by law.
The Commission discussed special conditions that they would
attach to the Order of Conditions. It was decided to use
conditions # 1 , 2 , 3, 4, and 13 . George Ahmed suggested adding
that this prohibition will also include the filling or
transferring of petroleum products into boats.
Motion made by George Ahmed to issue a Order of Conditions with
Special Conditions, seconded by Fred Harney and approved
unanimously.
OLD/NEW BUSINESS
Betsy Horne noted that the Commission will have a site visit
on Saturday on Clark Avenue, to meet with Mr. Claveau ' s
engineers.
Debbie Hurlburt stated that she had talked with Mr. Tighe from
Weatherly Drive and that he is concerned about the water there.
He is also concerned that the Condo Association will be
responsible for any damage caused by it. , noting that trees
are dying, and there is a problem with mosquitoes.
Betsy Horne requested that Debbie gather all available
information on the Mackey Property so that they can determine
if Mr. Mackey has a legitimate complaint about the level of
the pond and the City' s responsibility to clean the pipe.
Debbie also informed the Commissionthat the property located
at Tri -City Sales is in the Entrance Corridor District, and
chain link fences are not allowed. She is requesting an opinion
from Len Femino regarding the situation.
Debbie also informed the Commission that the Salem Hospital
will be at the next meeting to present plans for a day care
center to be located on Colby Street.
• APPROVAL OF MINUTES
The minutes of the meeting of February 27, 1992 were presented
for approval. Motion made by Fred Harney to approve the minutes
of the meeting of February 27, 1992, 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 George Ahmed to adjourn
the meeting, seconded by Fred Harney and approved unanimously.
The meeting was adjourned at 9 :45 P.M.
RESPECTFULLY SUBMITTED BY:
EI EN M. SACCO; CLERK
CC031292
SALEM CONSERVATION COMMISSION
MINUTES OF MARCH 26, 1992 REGULAR MEETING
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 26, 1992 at 7: 00 P.M. in the second floor
conference room at One Salem Green, Salem, MA.
Present were: Chair Betsy Horne, George Ahmed, Bob Crowley,
Fred Harney, Richard Arms, Thomas Walsh, Abby Burns, Acting
Conservation Administrator Debra Hurlburt, and Debra Tucker,
Acting Clerk.
CONTINUATION OF PUBLIC HEARTING: GTE GLASS LANDFILL CLOSURE
The public hearing for the GTE glass landfill closure project
regarding the location of boring sites ( #64-193) was continued.
Commission member Fred Harney recused himself from the matter.
Mark Bornstein of GTE and Ed Hawkins of GZA appeared before
the board to present proposed wells and borings reviewed with
Gulf of Maine. Two wells were proposed by GZA for groundwater
monitoring where excavation may have occurred previously and
at the center of the landfill. Dr. Hugh Mulligan proposed
• a third at the right side of the landfill to give a good indication
of what happens at the extreme south side.
Borings will be conducted to characterize the glass and materials
in the landfill. Dr. Mulligan proposed additional testings
at 6 holes throughout the landfill from the surface to the original
ground level. He added that the original borings appear to
be shallow, and that additional testings will help.
Mark Bornstein and Ed Hawkins reviewed their plans for boring
and testing as well as areas to be excavated and backfilled.
Richard Arms asked what tests were planned. Ed Hawkins replied
that a TCLP leachable extraction test would be performed. Four
to six inch borings at five foot intervals would be done for
sampling purposes. Ground water monitoring would be done with
two inch pvc piping and tested for metals and materials. Ed
Hawkins answered Dr. Mulligan' s question about a scope of work
for the testing program by stating that GZA could provide a
short description of the work since no formal Application of
Determination of Applicability was required.
Dr. Mulligan wanted to make sure that GZA will be using a fair
representative of data. GZA and GTE feel that there will be
enough testing and that no further testing will be required.
He stated that this will depend upon the results of the initial
tests.
• Page 2 of 6
3-26-92 Minutes of Conservation Commission Meeting
Ed Hawkins stated that their MCP submittal is due within three
months. They will roll the Phase II report information into
this. He did not forsee any additional borings for the wetland
area. During any actual excavation a field representative would
be on site. If nothing out of the ordinary or different than
expected is found, then no further testing will be needed.
Anything unusual found will be appropriately tested. Dr. Mulligan
stated that some additional borings would be helpful to them
and provide more information for the board.
Ed Hawkins answered George Ahmed that it costs approximately
$1,500. 00 for each boring. They intend to stop and test and
address any problems found when boring. George Ahmed asked
if any of the findings for this project are reported to the
Salem Board of Health. Ed Hawkins replied that they would add
them to the mailing list if they wished.
Betsy Horne expressed concern that a large area on the map was
not covered by wells or by borings. She wondered how they could
establish an overall picture if these areas are not being tested.
Ed Hawkins answered that there is no reason to think that there
would be any different material in these areas. Betsy Horne
questioned whether both depth and location are important to
• the project, and Ed Hawkins answered that they are. He stated
that there are seven wells, nineteen soil probes, and forty
sediment sample locations on this site.
Abby Burns asked when the saltmarsh had been filled originally.
Ed Hawkins said that he did not know when. George Ahmed felt
that it would have occurred in the 1940' s or 1950 ' s. Abby Burns
asked which parts of the site were filled first. Ed Hawkins
replied that the western lobe was filled in the 1950 ' x.
Dr. Mulligan stated that he had reviewed the tests and results.
The groundwater appears to be in reasonably good condition but
not acceptable as a drinking water standards go with cadmium
present. There have been no solvents, organic volatile compounds,
nor beryllium found. The fill material appears to be glass
according to TCLP testing and an acid soil test. No metals
have been observed coming out. The site doesn't appear to be
of major environmental concern.
George Ahmed asked if the site could have chemically cleansed
itself and carried the materials further down in the beach or
wetland areas. Dr. Mulligan answered that the beach area had
been tested, but that he had questioned the testing done there.
Betsy Horne asked whether enough places had been tested to answer
the question of the new sand dumped that may have covered any
• problems. She wanted to know if the intertidal zone had been
tested as well. Ed Hawkins stated that the testing occurred
at the low and high tide water marks and as a result sediment
• Page 3 of 6
3-26-92 Minutes of Conservation Commission
and not sand was tested. Dr. Mulligan stated that any chemicals
and metals present could be from the glass area as well as from
parking lot run off and storm drain overflow. He questioned
the organic compounds from the composite such as chloroform
and MEK. He suggested continuing the Public Hearing until another
meeting.
Ed Hawkins explained that no drill rigging or big machinery
had been used in the previous borings. He felt that adequate
testing had been done through one inch of natural soil and three
to four feet of glass and natural organic materials. Dr. Mulligan
said that since the area is a landfill it has an element of
the unknown. He asked if the only materials are the glass related
ones or if there were any oily materials found. Mark Bornstein
answered that he wasn't aware of any.
Ed Hawkins explained that during the PIP process Raymond Rd.
residents were interviewed. Some had been there since the 1920' s
before GTE was there. This interviewing and the GTE historical
records as well as agressive testing were the basis for all
findings that glass is the constituent material present. The
summer/fall of 1993 is the slated time for excavation and related
work.
• Ed Hawkins stated that he would check the older log records
and field notes regarding the ommission of the word glass.
He felt that this was probably a clerical error.
The discussion was opened up to the public.
Bob Blenkhorn of the Salem Health Department asked if the depth
of the fill had ever been determined. Ed Hawkins replied that
using historical topographical plans they have a good idea. of
the depth and volume. Mr. Blenkhorn asked if the absorption
of the natural runoff was hindered by landfill materials. He
asked if excavation could occur without disturbing the natural
water table. Ed Hawkins answered that as per FEIR restoration
would be to the historic salt marsh condition. The MEPA process
defines excavation and filling process. George Ahmed asked
Mr. Blenkhorn if he receives information concerning this project.
Mr. Blenkhorn replied that he receives information, but that
his department has issued no formal opinion. Mr. Ahmed felt
that the Conservation Commission should have the Board of Health
involved maybe as an order of conditions. Mr. Blenkhorn said
that he would be comfortable being a part of the project.
Tom Campano of 139 Loring Ave. had questions about the area
where sand had been added. He wondered if any cadmium is present
since this is a low area where residents tend to congregate
and any materials would appear to settle there. Dr. Mulligan
answered that a well could be placed on that site. Mr. Campano
• Page 4 of 6
3-26-92 Minutes of Conservation Commssion
felt that the area and soil had not been tested. Mark Bornstein
answered that the whole area had been sampled. There were no
wells placed there because it is too close to the water' s edge.
Ed Hawkins said that there is a well near the area.
Tom Langlois of 38 Buchanan Rd. asked what the plans were for
the railroad tracks. Mark Bornstein replied that they would
be covered over except for the B&M tracks.
Betsy Horne, Abby Burns, and George Ahmed all felt that additonal
borings would be a good idea. Mark Bornstein replied that the
material is going to be removed so that additional borings would
not be necessary. George Ahmed wanted more testing in the swimming
area near the walkway. Mark Bornstein answered that the area
is influenced by all of Salem and would not be useful. Mr. Ahmed
stated that the board would determine what was useful. Mark
Bornstein answered that he did not want useless testing performed
at the expense of GTE. George Ahmed wondered if Mr. Bornstein
was worried about what would be found. He replied that he knew
what had been found and was not interested in going on a fishing
expedition. He cited a nearby lead foundry as another example
of other industry in the area that could affect the waters.
Mr. Blenkhorn said that he could sympathize with Mr. Bornstein
since there are other contributors.
•
Bob Fraser of 452 Lafayette St. stated that more samples from
the beach would not help since the area had been dug out and
filled with sand. He added that the area is now filled with
muck. Mr. Langlois felt that the sand had washed away. Betsy
Horne said that there seems to be no way to know where the muck
came from since there is two way tidal action in the area.
Mr. Langlois said that area CW2 on the map is collapsing and
cited a house at the corner of Monroe and Lincoln Streets which
is split in two as an example.
Mark Bornstein felt that the metals in the landfill are not
leaching out since they would not leach out and then stop.
The leaching would be continuous. Mr. Blenkhorn said that the
area water met bathing health requirements over the last six
to eight years, but that chloroform levels are the only thing
for which the Health Department tests.
Abby Burns stated that if Dr. Mulligan and Mr. Blenkhorn are
happy with the work being done then she was too. On Dr. Mulligan' s
suggestion Betsy Horne asked Ed Hawkins to research the field
logs and to get in touch with Dr. Mulligan. She added that
if anything else but what is suspected is found in the area
then GTE is to install additional borings in the area. Mark
Bornstein answered that he agreed and told George Ahmed that
he would fax the information to Dr. Mulligan. Betsy Horne asked
40 Dr. Mulligan to contact either Debra Hurlburt or herself.
Page 5 of 6
+; 3-26-92 Minutes of Conservation Commission
Ed Hawkins stated that the Phase II report will be completed
by the end of June and the PIP meeting will be held in July.
He will send copies of the report to the Conservation Commission
at the end of June.
Betsy Horne moved to continue the public hearing for the GTE
glass landfill closure project to July 9, 1992. Bob Crowley
seconded the motion, and the vote was unanimous.
George Ahmed thanked Bob Blenkhorn for taking time out of his
busy scedule to attend the public hearing.
Fred Harney returned to the Conservation Commission meeting.
NOTICE OF INTENT: DAY CARE FACILITY AT COLBY STREET
The matter of the Notice of Intent regarding a proposed day
care facilty at Colby Street at the request of Salem Hospital
was postponed until a special meeting to be held Thursday, April
2, 1992 at 7 : 00 P.M. The board discussed some of the concerns
of the residents that may be brought up at that meeting. Betsy
Horne suggested that any members who are unfamiliar with the
site may want to visit before the meeting if they are able.
OLD BUSINESS
Julie Armstrong contacted Debra Hurlburt regarding her parcel
of land on Clark Ave. purchased from Mr. Colpitts. Ms. Armstrong
is considering joining with Mr. Claveau in obtaining a land
survey. April 15, 1992 is the deadline for Mr. Fiore to file
a Notice of Intent. The Conservation Commission conducted a
site visit two weeks ago. Debra Hurlburt read Mr. Fiore' s letter
to Chairperson Betsy Horne into the minutes.
The commission discussed concerns raised by Mr. Tighe of Weatherly
Drive regarding a growing pond of water behind his house. The
water was much lower when he bought his property. He wonders
if there is a collapsed culvert nearby. Betsy Horne commented
that she did not believe that this matter fell under Conservation
Commission jurisdiction. She asked that the records be checked
regarding any order of conditions that may have been issued
regarding drainage.
Debra Hurlburt read aloud a letter to the Board of Health copied
to the Conservation Commission. The letter stated concerns
regarding fill being dumped at the Salem High School soccer
field. There has been other unclean materials in the fill observed
being dumped there by the City. Debbie Hurlburt will check
to see if the DEP has superceding orders of condition for this
site.
Page 6 of 6
3-26-92 Minutes of Conservation Commission
Debra Hurlburt presented to the commission information concerning
ticketing procedures which she compiled from five area communities.
She asked that the commissioners review the material and make
any recommendations. Ms. Hurlburt reported that according to
Chapter 178 of the Wetlands Protection Act, a community is more
successful at ticketing and receiving money back when they do
not ticket at the maximum allowable rate. She suggested that
the commission consider more modest fines.
George Ahmed suggested that as does the Building Inspector the
Conservation Commission should have names of any violaters published
in the Salem Evening News. This could be an effective deterrent.
Abby Burns added that this should be done after a violator has
been warned.
George Ahmed brought up the subject of the Secondary Sewerage
Treatment Plant. He asked that the Commission consider asking
the Mayor and City Council for approval to extend the Commission' s
jurisdiction to five hundred feet or more along coastal waters.
Betsy Horne asked if the plant was exempt from the Commission' s
jurisdiction because of a federal court suit as the Superfund
and Salem Acres are. Richard Arms replied that they may not
be exempt. He cited the Quincy shipyard as an example.
• Betsy Horne noted that the Commission may see more cases of
dumping in wetlands with bans on curbside leaf and yard waste
pickup. She asked that the board send a letter to the Mayor
detailing the Commission' s concerns. Abby Burns added that
it would be good to check into the matter especially since there
is a recycling committee in Salem.
Abby Burns invited the Commission to the March 31st morning
meeting of Salem Sound 2000. There will be a panel discussion.
Debra Hurlburt answered George Ahmed that Salem is a Massachusetts
Conservation Commission member.
There being no further business to come before the Conservation
Commission, a motion was made by George Ahmed to adjourn the
meeting at 9 :23 P.M. Abby Burns seconded the motion, and the
motion was approved unanimously.
Respectfully s bmitted by:
L ��
Debra A. tucker, Acting Clerk
SALEM CONSERVATON COMMISSION
MINUTES OF MEETING
APRIL 2, 1992
A Special Meeting of the Salem Conservation Commission was held
on Thursday, April 2, 1992, for the purpose of holding a Public
Hearing, at the request of Salem Hospital , to hear their proposal
to construct a Day Care Center on Colby Street. The meeting
was held at One Salem Green, in the Second floor conference
room at 7 :00 P.M.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Bob
Crowley, George Ahmed, and Richard Arms . Also present were
Juli Riemenschneider, and Eileen Sacco, Clerk.
Chairwomen Betsy Horne addressed those present and stated that
there has been much opposition to this project, and reminded
those present that the Commission could only address issues
which are within their jurisdiction.
Attorney James Flemming, representing the abuttors to the project
addressed the Commission and attempted to have the hearing
cancelled, stating that the petitioner has not received Planning
Board approval and that it is a violation of the rules and
regulations. The Commission conferred and decided to go ahead
with the Public Hearing.
•
Attorney John Serafini, representing Salem Hospital, addressed
the Commission and stated that the Hospital has done extensive
surveys, studies and analysis, on the project. He stated that
.there is a need to provide day care at the hospital for the
employees, particularly the nurses. He also noted that they
have lost several nurses to other hospitals which provide day
care for their employees.
A representative of Schofield Brothers of Framingham addressed
the Commission and explained the site. He reviewed the area
which is a bordering vegitative wetland. He noted that the
parking area is susecptible to erosion, and that the area has
had drainage problems over the years . He also noted that they
plan to replace an existing 8 inch pipe with a 12 inch pipe
and tie into the drainage system at 100 Highland Avenue. New
grams will also be installed which will not clog up with leave
and debris. He also noted that they have met with the City
Engineer, Stan Bigelow several times to resolve the drainage
problems in the area.
Fred King, an Environmental Planner explained the erosion and
sediment control plans . He stated that hay bales would be
installed and a silt fence would be placed around the ground
area of the pond to sediment near the. head wall. .He also noted
• that the pond would be lowered prior to the installation of
1
Ao the head wall. Mr. King also stated that catch basins would
be installed with gas and oil traps, and the new parking area
will also have grit and oil chambers. Atty. Serafini presented
a letter from the City Engineer which was read into the record
and is attached to these minutes .
George Ahmed asked if Salem Hospital owned the pond. Atty.
Serafini replied yes. George Ahmed asked if the neighbors used
the pond. Atty. Serafini stated that he thought that some would.
George Ahmed asked what the roof covering could be. It was
noted that the roof would be a fiberglass asphalt roof system.
George Ahmed asked about the condition of the pond. Aerial
photographs were compared, and it was noted that no filling
had occurred from 1965. It was also noted that there would
be no negative impact to the resource area from the project.
Richard Arms referred to the erosion problem in the parking
area. It was noted that a berm would be around the entire
parking area and the runoff has to go through the drainage system
before it goes to the pond.
George Ahmed rioted that there was a machine shop located in
the area years ago, and noted that perhaps trucks had been
parking on the lot. Atty. Serafini noted that the machine shop
was located on the opposite corner from the lot in question.
• Tom Walsh asked what happens to the oil and grit waste in the
catch basins. Atty. Serafini stated that they would be pumped
out once a year, unless it needed to be done more often.
Betsy Horne asked if the city would be responsible to maintain
the drainage system. It was noted that the city has agreed
to maintain the 100 Highland Avenue portion of the drainage
system.
Betsy Horne also noted that 2 locations on Colby Street have
been listed a 21E sites by DEP. She asked that they be located
in relation to the project.
Betsy Horne also asked about the number of parking spaces to
be located on the site and who would be parking there, noting
that overflow parking could affect the wetland. It was stated
that there would be 22 parking spaces used for short term parking
for the drop off of children who would use the center.
Juli Riemenschneider referred to the plan and questioned why
the fragmite were not considered vegetation. It was noted that
when the plans were done the fragmite were not as plentiful
as they have been.
• Betsy Horne asked if the water quality of the pond would be
affected. It was stated that the water quality would be enhanced
2
by eliminating the erosion going into the pond.
Richard Arms asked if the water level had risen due to the
inadequate drainage system, and if that was the sole reason
for the increase. It was stated that the drainage was a large
factor.
At this time the Public Hearing was opened up to comments from
those in attendance.
Attorney James Flemming addressed the Commission and stated
that his clients wish to have the area restored to its original
state as promised by the hospital . He also stated that they
contend that the land was filled without proper permits and
that the wrong doer should have to restore that before filing
a Notice of Intent.
Atty. Flemming also reiterated his concern that the Planning
Board had not issued a Special Permit. Betsy Horne responded
to that issue noting that the Commission normally give the
Planning Board the Order of Conditions before they issue a
Special Permit.
Councillor Leonard O'Leary addressed the Commission and presented
additional names on a petition and several documents detailing
the history of the problems in the area. He also noted that
• Salem Hospital said that they would remove the parking area
when they were granted and easement for the parking area that
they constructed behind the Hospital last year.
Marianne Letarte of 15 Colby Street addressed the Commission
and noted that the plans look as if there is a vast amount of
land between the lot and the pond, but that over the years
plowing has pushed closer to the pond and she is afraid that
the construction could cause more damage.
Richard Perlman of 14 Colby Street addressed the Commission
and stated that he is concerned about the water level, and noted
that over the years he has observed filling. He also noted
that the parking area is lin pac. He also requested that the
driveway not be located across from his property.
Dr . Patrick Curtin one of the owners of 100 Highland Avenue
Trust, addressed the Commission and related his experiences
while building 100 Highland Avenue. He also stressed that he
and the Drs. involved in the trust don't want to see the area
impacted. He also referred to an agreement that he signed with
the city, and Salem Hospital concerning the drainage.
Robert Theriault of 41 Greenway Road addressed the Commission
and stated that he is concerned about losing a nice wetland
• and feels that the city could refine the pond. He also noted
that he is concerned about the effects of hot top on the pond.
3
• Stan Porier of the Greenway Road Homeowners Association expressed
his concerns about the drainage in the area, and the water
problems that they have had over the years. He also noted that
they are opposed to any further encroachment of the wetlands .
Ellen Simard of Hillside Avenue addressed the Commission and
stated that the pond is used for ice skating, fishing and she
has seen turtles in the pond. She questioned the use of lind
pac and noted that over the years it has been pushed over the
bank, and she did not understand how more building would solve
the drainage problem.
Mrs. DiVirgilio of 5 Almeda Street addressed the Commission
and stated that she feels that the Hospitals plans will help
the drainage situation. She also stated that she feels that
the lowering of the pond will help. She related her problems
of drainage since the building at 100 Highland Avenue was built.
Ron Tremblay of 10 Almeda Street noted that he does not have
any water problems, but stated that he did not see that the
building would help.
Vince Parziali of 8 Almeda Street stated that he has lived in
the neighborhood for 4 months and that he bought his property
because of the area and the wildlife that is around the pond.
• He stated that he would like to see the area return to its
natural state.
Mr. Letarte of 34 Hillside Avenue noted that he is opposed to
the proposal and that he would like to see it returned to its
original state.
City Engineer Stan Bigelow stated that he reviewed the drainage
proposal and that he feels that it is good. He also noted that
the wetland is not fully utilized and there is a lot of potential
for flood storage. He also noted that he made several
suggestions during the review, and feels that the natural
features 'of the site were used well. He also noted that peak
discharge will be reduced by 60%. He also emphasized that his
concerns about the drainage problems were addressed and that
he is not commenting on the use of the property.
Betsy Horne read a letter from Mayor Neil J. Harrington,
concerning the proposal, and requesting that the petitioner
submit to a voluntary site plan review by the Planning Board.
Ray Letarte of 15 Colby Street stated that he is opposed to
encroaching on the wetland any further.
Atty. Flemming made final comments to . the Commission. He stated
• that the impact of the wildlife has not been addressed, and
that additional pollution will result from the gas separators.
4
He also noted that there were no studies presented on plant
.. and animal life, or fisheries . He also questioned if the size
of the building would meet the requirements of MEPA regulations.
Atty. Serafini also made final comments. He stated that the
pond is privately owned by Salem Hospital, and that at no time
has the Hospital ever prevented the neighbors from using it,
nor would they do so in the future. He also noted that thi"s
location is the only available property to put the day care
center, which is critical to maintaining quality health care
at the hospital . He also stressed that the hospital has been
cooperative with the city in designing the drainage system which .
is a key element to the area solve and prevent drainage problems.
The Commission decided to hold a site visit on Saturday, April
4 , 1992 at 8: 30 A.M.
Motion made by Tom Walsh to continue the public hearing until
the next meeting of the Commission on April 9, 1992, seconded
by George Ahmed and approved unanimously.
Motion made by Richard Arms to adjourn the meeting, seconded
by Bob Crowley and approved unanimously.
The meeting was adjourned at 10 :15 P.M.
I
• RESPECTFULLYSUBMITTEDBY:
E EEN M. SACCO, CLERK
CC040292
• 5
I SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, APRIL 9, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday April 9 , 1992, at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Richard Arms, George
Ahmed, and Abby Burns. Also present were, Juli Riemenschneider,
and Eileen Sacco, Clerk.
CONTINUED PUBLIC HEARING - SALEM HOSPITAL DAY CARE CENTER
Atty. John Serafini Sr. addressed the Commission and asked that
the Commission to continue the Public Hearing until the next
meeting on April 23, 1992, so that they can address the questions
and concerns raised at the last meeting. He also noted that
the engineer for the project was unavailable this evening.
There being no objection, a motion was made by George Ahmed
to continue the Public Hearing until April 23, 1992, seconded
by Abby Burns and approved unanimously.
Atty. James Flemming requested that those residents who came
to the meeting this evening be allowed to speak. Betsy Horne
agreed, noting that they should be residents who have not
expressed their comments at the previous meeting.
George Ahmed suggested to Atty. Flemming that at the next meeting
he should try to keep the public comment to a minimum and
recommended that residents who wish to make comments could write
a letter to the Commission if they are unable to attend.
Atty. Flemming stated that they would like to see data showing
how they arrived at the historical water level of the pond.
Stan Porier of the Greenway Road homeowners association addressed
the Commission on behalf of Jean Deschamps of 10 Greenway Road,
who was unable• to attend the meeting. He presented pictures
that were taken in August of 1991 after a flash flood had
occurred.
Linda Vaughan of 38 Greenway Road addressed the Commission and
asked if there were any plans to test for hazardous waster
on the site. Atty. Serafini stated that there are no plans
to test for hazardous waste ahead of time, but that it would
be required for financing.
Corneilus Crean of Greenway Road asked where the water would
A be drained to. Atty. Serafini noted that the plans indicate
that the water would go through the drainage system across
1
' r
✓ Highland Avenue.
Roger St. Pierre of 7 Greenway Road addressed the Commission
and stated that he is concerned about the holding tank.
Mr. Marcus of 9 Greenway Road addressed the Commission and noted
that he gets water in his basement.
Ray Letarte of Colby Street stated that he is against running
the storm drains into the pond.
Ellen Simard of 37 Hillside Ave. noted that she is concerned
about the use of salt during the winter months and the effects
on the pond. She also noted that when the dorms at Salem State
College were built wildlife was displaced.
Mr. Letarte of 34 Hillside Ave. noted that he is concerned about
vegetation around the pond. He also noted that he had contacted
Mass Fish and wildlife and spoke to a Mr. Hoyt, and was told
that lowering the pond would have a significant effect on the
wildlife.
Atty. Flemming offered closing comments and asked the Commission
to consider the reason that he felt Salem Hospital wants to
lower the pond. He stated that building codes require that
there be five feet difference between the base of the building
and the level of the pond, and he feels that the reason for
• the lowering of the pond is because of the elevations.
Betsy Horne noted that she had received letters concerning the
matter from Councillor Jane Stirgwolt, Maryanne Letarte, and
Stan Porier.
The matter was continued until April 23, 1992 .
BERTINI PROPERTY DISCUSSION
Atty. Serafini reported that a resolution between the Bertini ' s
and the Pelletier ' s should be completed by the April 23 meeting.
George Ahmed suggested to Atty. Serafini that the Bertini ' s
could turn Rosies Pond over to the city. Atty. Serafini stated
that years ago there was some discussion about building on a
portion of the land and giving the rest to the city.
EXTENSION PERMIT FAFARD
Betsy Horne noted that there are two requests from the Fafard
Company to extend permits for First St. and Traders Way and
one for 58 Swampscott Road. She also expressed concern that
there is a site on Swampscott Road listed as a 21E Site. She
suggested that they approve the extensions, pending confirmation
• of the location of the 21E sites. Richard Arms stated that
he would check on the location.
2
Motion made b George Ahmed to rant a one
• Y g g year extension for
the permits for First St. and Traders Way, and 58 Swampscott
Road, seconded by Abby Burns and approved unanimously.
WEATHERLY DRIVE
Betsy Horne reported that it has' been discovered that the
Swampscott Cemetery may have activity leading to this property.
She suggested that they be referred to the Town of Swampscott.
BOSTON GAS
Betsy Horne reported that the Commission has been notified that
there has been gas leakage into the Collins Cove Area and that
Boston Gas has put a boom out in the ocean.
ADVERTISING VIOLATORS
Betsy Horne reported that while the Commission may not be able
to advertise violators in the newspaper, she would like to see
a sub committee set up to address the ticketing procedure that
the Commission would like to implement. Richard Arms stated
that he would be willing to serve on the committee. George
Ahmed also stated that he would be willing to serve as well .
• SALEM HOSPITAL DAY CARE CENTER
The Commission discussed areas of concern and prepared a list
of things that they would like to see from Salem Hospital as
follows :
1 . Water quality classification.
2 . Monitoring - now and three months after completion.
3 . Soil testing for hazardous constituents.
4 . An alternate plan that does not use the pond for storage.
5 . Lowering of the pond and the impact of it.
6 . Level of the pond during the summer, and the impact of a
three foot drop in the pond.
7. The present depth of the pond.
8 . Plan showing the parameter of the pond.
9 . Square footage of bordering vegetative wetlands
10 . Alternate plan of drainage rather that using the pond.
• 3
Juli Riemenschneider will FAX these items to Atty. Serafini .
GTE REQUEST TO COVER BASEBALL FIELD WITH SOIL
Betsy Horne reported that since the Commission would require
GTE to file a Notice of Intent to do the work that they have
suggested, they. are not going. to proceed with the placing of
soil on the baseball field at Jackman Field.
APPROVAL OF MINUTES
The minutes of the meeting of March 13, 1992 were presented
for approval. Motion made by George Ahmed to approve the minutes
of the meeting of March 13, 1992, seconded by Abby Burns 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 George Ahmed and approved unanimously.
The meeting was adjourned at 9: 10 P.M.
RESPECTFULLY SUBMIfTTED BY:
GclZIa �
EILTEN M. SACCO, CLERK
CC040992
• 4
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
APRIL 23, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 23, 1992 at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Richard Arms, Bob
Crowley, George Ahmed, Abby Burns, and Fred Harney. Also present
were Juli Riemenschneider, and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - COLBY STREET DAY CARE CENTER
NOTICE OF INTENT
The public hearing on the Notice of Intent for the proposed
Day Care Center on Colby Street for Salem Hospital was continued
until May 14 , 1992 . The reason for the continuation was so
that the applicant can have water quality testing done on the
site and report back to the Commission. Motion made by George
Ahmed to continue the Public Hearing. until May 14 , 1992 , seconded
by Richard Arms and approved unanimously.
NOTICE OF INTENT - LOT 116 CLARK AVENUE - PAUL CLAVEAU
• Attorney Ellen Winkler of Serafini, Serafini and Darling
addressed the Commission on behalf of her client Paul Claveau.
She explained the historyof the
property which was purchase
by Mr. Claveau in 1988 and since then has been filled without
his consent by David Colpitts, which created a steep slope that
encroaches a buffer zone to the wetland.
Atty. Winkler presented plans which call for bringing the slope
back to 2-1 , installing a matting material to stabilize the
slope long term and maintain a silt fence.
George Ahmed asked if any soil sampling had been done. Atty.
Winkler stated that they has not done any but that you can tell
that it is different material than what was recently placed,
since this was done early.
Abby Burns questioned the 2-1 slope. Atty. Winkler noted that
runoff is collecting upstream and chanellized into a closed
pipe system to dissipate into the rip rap. She also noted that
the vegetation would take more readily.
Richard Arms noted that several sources were used for the fill ,
and asked if they knew the origination of the fill that was
place on this property. Paul Claveau stated that the fill was
placed in 1989 and he believed that it came from Cambridge.
Atty. Marty McNulty representing abutter Janet Mulvihill stated
1
• that he felt that the fill improved the lots in that area making
them buildable. He also noted that his client ' s property is
lower than these lots and he is concerned that their property
looks up at the fill and questioned what the Commission intends
to do to compensate his client.
Julie Armstrong who owns the property beside Mr. Claveau stated
that they are not buildable lots and that she is concerned
because she also needs to correct the problem on her property
and may not have the same resources to spend a large amount
of money on the correction. She also notedthat she supports
Mr. Claveau' s plan and that she has been talking to Mr. Claveau
concerning the problem.
Fred Harney asked Mr. Claveau if he intends to live on the
property. Mr. Claveau stated that he did. Fred Harney also
recommended that the hay bales and silt fence be maintained
during construction and possibly beyond that. Fred Harney also
suggested that any excavated material for the foundation of
the house should be trucked off site unless it is found to usable
material.
George Ahmed asked if the hay bales would still be at the edge
of the stream when the slope is pulled back to 2-1 . Atty.
Winkler stated that they would be in place.
• George Ahmed also noted that if the Commission accepted this
proposal it may be forced to accept it as a solution to the
other lots involved. Atty. 'Winkler stated that she felt that
the Commission should handle each lot individually since she
felt that they would find different materials on each lot and
the circumstances would change.
Bob Crowley noted that Mr. Colpitts created an impossible
situation in that area and that he felt that this is the best
that the Commission can get. Fred Harney agreed.
Betsy Horne stated that the Commission would prefer to handle
the area as a whole but that under the circumstances that is
not possible at this time.
Julie Armstrong noted that she is willing to work with Mr.
Claveau to clean up her property, but expressed concern that
if Mr. Colpitts does not fix his property on the other side
of her, it will all slide onto her property.'
Ray LeBlanc of 5 Clark Avenue stated that he purchase the first
lot on the opposite side of the street, and noted that he
supports the plan because if nothing is done the situation will
.not improve.
• Mrs. Porter of 3 Clark Avenue stated that she would like to
see the house built so that she does not have to look at the
2
• mess anymore.
There being no further comments or questions, the Commission
discussed possible special conditions to be attached to the
Order of Conditions .
Motion made by Fred Harney to approve the Notice of Intent with
Special Conditions, pending the issuance of a DEP file number,
seconded by George Ahmed and approved unanimously.
DETERMINATION OF APPLICABILITY - 34 SWAMPSCOTT RD. - CITY OF
SALEM PUBLIC SERVICES DEPARTMENT
Stan Bigelow addressed the Commission and explained that he
is in the process of preparing the site for leaf storage
operation behind the city transfer station. He noted that he
is proposing to temporarily stock pile leaves until a permanent
location can be found. He also noted that they are considering
a site behind St. Mary ' s Cemetary for a possible regional
composting site, with Peabody and Danvers.
Mr. Bigelow also noted that Beverly has a full composting site
'in operation with less space than we are considering here.
He also noted that he has been looking for a site for over a
year for this project.
. Betsy Horne asked when they would be accepting yard waste.
Mr. Bigleow noted that yard waste could be mixed with leaves.
Motion made by George Ahmed for a Negative Determination,
seconded by Richard Arms and approved unanimously.
OLD / NEW BUSINESS
BACK UP CHAIRS
Betsy Horne explained that she expects that she may be missing
quite a few meetings sue to other commitments , and that a Vice
Chair person is needed.
George Ahmed suggested that all members take turns on a monthly
basis. Abby Burns disagreed stated that she felt that it would
be best to have one person be the Vice Chairperson, and nominated
Richard Arms to be Vice Chairperson.
George Ahmed noted that he was voted Vice Chairperson at a
previous meeting, and stated that he would resign.'
Motion made by Abby Burns to elect Richard Arms Vice Chairman
of the Conservation Commission, seconded by Bob Crowley and
approved 4-2 with Richard Arms and George Ahmed abstaining.
3
APPROVAL OF MINUTES
The approval of the minutes of the meetings of March 26, April
2, and April 9 , . 1992 was postponed until May 14 , 1992.
Richard Arms informed the Commission that he has a friend that
is working on her masters degree in public policy and that she
would like to volunteer for the Commission.
Juli Riemenschneider informed the Commission that she would
no longer be staffing the Conservation Commission, because
. someone informed the Mayor that she was not doing a good job
and he requested that she not handle it anymore. George Ahmed
stated that he would like a letter sent to the Mayor from the
Commission stating that Juli did a good job for the Commission.
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 George Ahmed and approved unanimously.
The meeting was adjourned at 9 : 30 P.M.
RESPECTFULLY SUBMITTED BY:
Er4EEN M. S�CLERK
CC042392
4
,
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MAY 14, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 14, 1992 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Richard Arms, George
Ahmed, Tom Walsh, Fred Harney and Bob Crowley. Also present
were Debbie Hurlburt, and Eileen Sacco, Clerk.
NOTICE OF INTENT - BAKERS ISLAND PIER REPLACEMENT
Mr. Donald Morse, representing the Baker' s Island Trustees
addressed the Commission and requested approval of a Notice
of Intent for the replacement of damaged deck planks and piles,
which were damaged in the October 30, 1991 storm. -- He explained
that they need to replace 100 feet from the shore to the third
set of pilings, using the same configuration as before. He
also showed the Commission photographs of the damage, noting
that the remainder of the pier needs no repairs.
George Ahmed asked how long the repairs would take. Mr. Morse
replied that it should take three ( 3) days. George Ahmed also
asked how the structure would hold up to future storms. Mr.
Morse stated that the wharf is a strong structure and that it
• is 30 years old. He explained that they plan to be able to
remove every other plank during the winter months.
The Commission reviewed possible conditions for the project.
Richard Arms asked if anything would be stored on the wharf.
Mr. Morse stated that nothing would be stored on the wharf and
that the materials that need to be mixed for the project would
be done from the existing structure.
George Ahmed asked if Mr. Morse would be supervising the job.
Mr. Morse replied that he would be there but that they are hiring
a contractor to supervise.
George Ahmed also noted that he would like to see all trash
removed from the site on a daily basis.
1.�
Betsy Horne asked if anyone in attendance would like to comment
. on the project. The was no one in attendance who wished to
comment on the project.
Motion made by George Ahmed to close the public hearing, seconded
by Richard Arms and approved unanimously.
Motion made by George Ahmed to approve the Notice of Intent
.h,f
with Special Conditions, seconded by Fred Harney and approved
unanimously.
• CONTINUATION OF PUBLIC HEARING - SALEM HOSPITAL DAY CARE CENTER
COLBY STREET.
Betsy Horne noted that the Commission was waiting for some
additional information from the Hospital and had not received
it yet.
Attorney John Serafini addressed the Commission and stated that
they have the information requested and that the Engineer for
the project Bruce Ey, would address those issues.
Mr. Ey addressed the items which the Commission requested in
a letter April 10, 1992 to Salem Hospital. He stated that the
they checked to see if the state had ever classified the water
quality of the pond and found that they had not. He stated
that they had the water tested and a report on the findings
would follow later in the meeting.
Mr. Ey stated that the soil testing requested by the commission
was not performed since they see no visual reason to do so.
He suggested that the commission could make that a condition
of approval.
Mr. Ey addressed the square footage of the bordering vegetative
wetland. He noted that it was found to be 1 ,120 S.F. and that
• no alterations are proposed in the area. He also noted other
areas of vegetative wetland not in the area proposed.
Mr. Ey addressed the elevation of the pond and reported that
they found the existing outlet when the they took measurements.
He noted that there is an 8 inch pipe submerged in two feet
of water, which is plugged up and causes the pond to have an
unusually high elevation.
Mr. Ey explained the alternative to their plans that the Hospital
now proposes, noting that they would like direction from the
Commission. He stated that knowing the normal elevation of
the pond is higher than anticipated they plan to lower the pond
one ( 1 ) foot from where it is today, and it would give enough
volume. He also noted that the catch basin on Colby Street
would go directly to the pond, and half of the parking area
runoff, and the runoff from the roof of the building as well.
He also stated that this plan does not accommodate the drainage
solution worked out with the city.
Nancy Palmstrom addressed the Commission and reported her finding
from her assessment of the pond. She noted that she conducted
a one day field site assessment, taking water quality samples
in 2 locations and performed depth sounding measurements in
10-15 locations. She also measured depth of sediments. She
2
reported that the water quality results showed that the water
contains nutrients that stimulate plant and algae growth with
• in the pond. She noted that the concentration of those nutrients
can vary day to day and even seasonally. She noted that she
looked at the algae, and it was low to moderate in concentration
and there was extensive growth of philamente algae. She also
noted several mats of algae forming on the surface of the pond.
She stated that the state had not classified the pond, but that
it would be classified as class B, swimable and fishable use
of the pond.
Ms. Palmstrom stated that adding runoff to the pond would
increase the nutrients to the pond, and that directing runoff
to the pond would not be changing the function of the pond but
increase the use of the pond. She also stated that the water
level fluctuation would have no significant effect on the aquatic
life in the pond, since the proposed decrease is not dramatic.
Mr. Ey stated that this alternative that they propose will reduce
the peak flow 20% downstream on Highland Avenue. He also noted
that by lowering the pond one foot they would be able to solve
Mr. DiVirgilio' s problem.
George Ahmed asked if the parking area is going to drain into
the pond, why is there no trap to catch it first. Mr. Ey replied
that the trap would have to be much larger but it is an
alternative that can be considered.
• Richard Arms noted that he was concerned that there are no oil
and grease separators because the city drainage may not
accommodate them. Mr. Ey stated that it could be addressed
and the that they welcome direction from the Commission.
Ms. Palmstrom stated that she noted a large number of turtles
in the pond, and that the water clarity was good. She also
noted that she saw one goldfish and no other fish- in the pond.
Bob Crowley asked if the pond in its present state would stagnate
over the years. Ms. Palmstrom stated that as it got older it
would fill in over time, but it is a matter of what rate that
would occur.
George Ahmed asked if they knew how many gallons of water would
be draining through the pipe going from the pond outlet towards
Highland Avenue. Mr. Ey stated that they do not have volume
or gallon calculations.
Richard Arms asked if they plan to do any blasting during
construction. Mr. Ey replied that they may have to but they
might be able to drill and chip what they need to.
Betsy Horne opened the meeting up to public comment at this
time.
3
•
Atty. James Flemming, representing the neighbors in the area
addressed the Commission and commented on the information
• provided. He stated that the area has been referred to as a
parking lot and it is a bank in a buffer zone, and that the
petitioner created the problems there. He also commented that
it is unfair to utilize the existing drain that was placed in
there under the Hatch Act. He also noted that a month ago there
was going to be no impact from the plan, and now it is less
than ideal.
Atty. Flemming also stated that lowering the pond even one foot
would cause alot of things to happen. He also noted that the
soil analysis requested by the Commission was not complied with.
He also stated that he saw no flags on the property, and that
it was supposedly flagged on September 21 , 1990.
Atty. Flemming also noted that lowering the pond 258 will leave
the pond a puddle. He also disputed that there are no fish
in the pond noting that he knows someone who caught a bass in
there.
Mrs. DiVirgilio presented a letter on behalf of her husband
who was ill and unable to attend the meeting, supporting the
project.
Dr. Pat Curtin addressed the Commission and noted that the onsite
receptacle system referred to was designed for his building
and that no one knows where the drainage from his 25 inch pipe
• under Highland Avenue goes.
Vincent Parziale of 8 Almeda Street noted that he was concerned
about the effects on the quality of his well water. Betsy Horne
stated that they have asked for information concerning private
wells from the city and have not received it yet. Atty. Flemming
noted that studies should be done on the impact on well water.
Gilbert LeTarte of 36 Hillside Avenue noted that the system
is not working now and that he feels that sending more water
over Highland Avenue would make it worse. Mr. Ey explained
the use of the pipe and stated that by holding the water in
the pond the flow would be reduced.
Betsy Horne read letters concerning the project into the record
from Councillor George P. McCabe, Mass. Audubon of the North
Shore, Stan Porier of the Greenway Rd. Homeowners Association,
Rita Dennison, and Councillor Stanley Usovich.
Ellen Simard of 37 Hillside Avenue asked if the salting of the
roads in the winter months would have an affect. Ms. Palmstrom
stated that she would not expect an adverse impact on the aquatic
life of the pond.
• 4
Mr. Levesque of 32 Hillside Ave. noted that he has cleaned the
edge of the pod himself and has fed Canadian Geese there as
well.
Marianne LeTarte of 15 Colby Street stated that she feels that
if the pond is only 4 feet, then lowering it one foot can be
significant. She also stated that she feels that the hospital
hopes that the pond will dry up do that they can build more
buildings.
Councillor Leonard O'Leary stated that he stands behind the
neighbors and also noted that he knows that the city has saved
thousands of dollars by using salt rather than sand in the winter
months, and that they will continue to do so.
Louie Morin of 6 Glover Street stated that the runoff increase
would affect the fish along the sides of the pond.
Atty. John Serafini addressed the Commission and stated that
they have tried to present the neighbors with accurate
information. He also stated that it is private property and
that they have never denied the public access, nor to they intend
to do so. He stressed the need for day care and the fact that
the hospital needs to provide it, and that the hospital will
address problems. He also stated that the day care center would
be owned and operated by Salem Hospital.
Atty. Flemming disputed the statement that the day care center
• would be owed and operated by Salem Hospital
Mrs. Jaworski of Greenway Road stated that she is not against
Day Care, but felt that the hospital could locate it somewhere
else.
Diane Clark stated that she works at Beverly Hospital and noted
that it would be more convenient for the employees if it were
located on the campus of the hospital.
It was requested that a letter to the Editor of the Salem Evening
News dated August 1982 from Christine DiVirgilio, concerning
the use of the property as a parking area be read into the
record.
Bob Crowley noted that the pond is private and there is nothing
to stop the hospital from putting a six foot fence around it.
Richard Arms pointed out that the original plan would have
drained the pond completely and that he is concerned that the
Commission asked for soil testing to be done and it was not.
He also noted that there is a 21E site adjacent to the property.
Atty. John Serafini stated that he felt that they had presented
sufficient engineering data and the soil issue could be addressed
• 5
through a condition. He suggested that the Commission close
the Public Hearing.
. Atty. Flemming stated that it would be unfair to close the public
hearing since they were not given the reports and would like
time to analyze the information.
Atty. Serafini noted that the public hearing has been continued
three times and that there has been no indication of technical
expertise representing Dr. Curtin and now they want to hold
up the process. He also noted that the Commission could be
as creative as they want with an Order of Conditions.
George Ahmed stated that he thinks that Mr. Flemming should
be able to comment if they uncover new information that the
Commission has not heard yet.
Motion made by George Ahmed to close the Public Hearing, seconded
by Bob Crowley and discussed. Richard Arms noted that closing
the public hearing would give the neighbors a short period of
time to gather their information.
A vote was taken on the motion and it was approved 4-1 with
Richard Arms voting against closing the public hearing.
TIDAL GATES
Betsy Horne stated that the recommended times for the tidal
• gates to be opened and closed at Forest River have been compiled
and are to be sent to the Mayor along with a cover letter and
a copy of the report done by Dr. Moore.
Motion made by George Ahmed to sent the recommended schedule
and the report by Dr. Moore with the cover letter to Mayor
Harrington, seconded by Richard Arms and approved unanimously.
FIORE - CLARK AVENUE
Betsy Horne stated that she had met with the Fiore' s and that
Mr. Fiore would like to have the equipment that Mr. Claveau
will have doing some work do some work for him. It was suggested
that a Notice of Intent and a note be sent to the Fiore' s.
60 BAYVIEW AVENUE
A letter was received from PNP Construction on behalf of Mary
Hanlon, of 60 Bayview Ave. notifying the Commission that
emergency seawall repairs from storm damage are being done at
60 Bayview Ave. Motion made by Richard Arms to approve the
request, seconded by Bob Crowley and approved unanimously.
• 6
VIOLATIONS
Debbie Hurlburt reviewed the complaints that she has received
and the actions taken.
Orleans Avenue - Debbie reported that she had received a
complaint of fill being placed illegally. She checked the
assessors map and the wetlands map and it appears there may
be a violation. Enforcement Order issued.
38 Charles Street - Debbie reported that the building inspector
issued a building permit for the construction of a garage at
this address. The map did not indicate that a wetland was there,
but the area is wet. Enforcement Order issued.
Sophia Road - Debbie reported that she received a complaint
that there is dumping occuring but that it does not appear to
be in the wetland yet. She showed photographs of the area,
which Tom Walsh indicated is owned by his sister. He stated
that he would talk to them. Enforcement order issued.
OLD/NEW BUSINESS
Weatherly Drive - Debbie reported that she received a letter
from Mr. Tighe requesting that the City contact the Town of
Swampscott to address the problem of the wet area caused by
a plugged culvert, apparently caused by the Town of Swampscott.
• George Ahmed reported that he sent his own letter to the Mayor
concerning Juli Riemenschneider.
APPROVAL OF MINUTES
The minutes of the meeting of March 26, 1992 were presented
for approval. Motion made by George Ahmed to approve the minutes
of the meeting of March 26, 1992, seconded by Bob Crowley and
approved unanimously.
The minutes of the meeting of April 2, 1992 were presented for
approval. Motion made by Fred Harney to approve the minutes
of the meeting of April 2, 1992, seconded by George Ahmed and
approved unanimously.
The minutes of the meeting of April 9, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of April 9, 1992, seconded by Fred Harney and
approved unanimously.
The minutes of the meeting of April 23, 1992 were presented
for approval. Motion made by Bob Crowley to approve the minutes
of the meeting of April 23, 1992, seconded by Richard Arms,
and approved unanimously.
• 7
There being no further business to come before the Commission
at this meeting a motion was made by Tom Walsh to adjourn the
meeting, seconded by Fred Harney and approved unanimously.
The meeting was adjourned at 10:30 P.M.
RESPECTFULLY SUBMITTED BY:
EIVEEN M. SACCO, CLERK
CC051492
•
8
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MAY 28, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 28, 1992, at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Richard Arms, Tom
Walsh, George Ahmed, Bob Crowley and Abby Burns. Also present
were Debbie Hurlburt and Eileen Sacco, Clerk.
DETERMINATION OF APPLICABILITY - 55 MEMORIAL DRIVE
Margaret Press of 55 Memorial Drive was present at the meeting
to request approval of an addition to her property located at
55 Memorial Drive. The request is for an addition of a partial
second floor with in the existing footprint of an existing one
story, single family dwelling. ' The plans also call for a small
second level balcony, outside of the existing footprint.
The architect for the project, Thad Siemsko, explained the
location of the property in relation to the wetland. He noted
that a snow fence would be installed to keep construction debris
away from the wetland.
George Ahmed asked what the distance was to the high water mark
• from the new deck. Mr. Siemsko stated that he did not know.
Ms. Pressman stated that it is 6 or 8 feet where the water comes
to within the top of the slope.
Betsy Horne asked if there was anyone in attendance who wished
to speak about the project. There was no response.
Motion made by George Ahmed for a negative determination with
special conditions, seconded by Abby Burns and approved
unanimously.
The Commission discussed possible special conditions for the
project. It was decided that conditions 112,314,15,and 18 be
included. George Ahmed also suggested that another condition
that the temporary snow fence that is to be installed be
maintained and inspected daily.
Motion made by Bob Crowley to approve the special conditions,
seconded by Abby Burns and approved unanimously.
DISCUSSION OF NOTICE OF INTENT - SALEM HOSPITAL DAY CARE CENTER
Betsy Horne stated that the Public Hearing on the matter had
been closed at the last meeting of the Commission on May 14,
1992. She also noted that special conditions had been drafted
1
for the project, should the Commission approve the project.
The Commission reviewed the proposed conditions with those
present at the meeting.
George Ahmed suggested that condition H8 include the testing
of hazardous material should they be found ion the site during
excavation. Atty. John Darling, representing Salem Hospital
stated that if any hazardous material are found they are obliged
by law to have it tested. Atty. Flemming, representing the
neighbors of the project stated that a clerk of the works cannot
identify hazardous materials by looking at them, and felt that
testing should be done.
Tom Walsh noted that it would not be known if there was hazardous
material on the site unless periodic testing took place. Richard
Arms agreed suggesting that tests be required prior to excavation
and the results should be forwarded to the Commission.
Atty. Flemming suggested that the standard tests required by
financial institutions could be done. Atty. Darling noted that
the Commission can only order testing in the areas within the
jurisdiction of the Commission. He also noted that engineers
and contractors would be doing the work and there is no evidence
that testing needs to be done.
Bob Crowley stated that the previous occupants of the property
was a machine shop and that they should test the soil.
• Richard Arms expressed concern about the absence of an oil and
grease separator to the catch basin on Colby Street , since
it drains directly to the pond. He noted his concern about
the water collected in that basin goes into the pond and the
effect on the pond. Bruce Ey stated that oil and grease
separators could be installed on that line, but it is a question
of whether or not the city wants to maintain it. He noted that
the one proposed has a hood on it. He also state that the oil
and grease separators need to be inspected every two years and
pumped out once or twice a year as needed. Atty. Darling noted
that the system was designed to solve some of the problems of
the neighborhood. They have discussed the plan with the city
and' it was agreed that if the hospital built the system, the
city would maintain it, he stated that it is a matter of what
is built and what the city will accept.
George Ahmed suggested that Salem Hospital should monitor the
condition of the pond and clean up the area on a bi-monthly
basis.
The subject of a Conservation Easement was discussed. ' Betsy
Horne noted that she did not feel that the Commission should
condition the approval on the granting of the easement. Tom
Walsh agreed that the conditions should not include language
regarding the Conservation Easement. Atty. Darling stated that
2
they could give the City a letter promising the easement if
the project is approved.
Atty. Flemming requested that the Commission include a condition
that the elevation of the buffer zone should not be altered
during construction, from the plans that have been submitted
to the Commission. George Ahmed noted that Condition #1 covered
that request.
George Ahmed asked if there were any catch basins planned to
catch the drainage from the roof that is going directly to the
pond. He noted that he was concerned that the water should
be clean going into the pond. He suggested that sump pumps
could be installed in the drain to act as a settling basin.
Richard Arms noted that the wells in the area could be affected.
Betsy Horne stated that she has had a discussion of the wells
with Mr. Parziole who expressed concern about the matter at
the public hearing and it appeared that his well is deep enough
and would not be affected.
The Commission discussed the soil testing and specifically
condition #8. It was suggested that if the Clerk of the Works
encounters any hazardous material the Commission should be
notified immediately. Atty. Darling stated that they would
be happy to have the Clerk of the Works monitor the soil. He
also referred to the 21E sites in the area and again stated
that they feel that there is no basis for testing unless evidence
indicated it is necessary. Abby Burns questioned whether the
Clerk of the Works could ascertain that there is anything there
without testing. Richard Arms suggested that two test borings
be done and the soil tested, noting that it was the less
expensive alternative.
There being no further questions or comments concerning the
conditions a motion was made by George Ahmed to approve the
Notice of Intent with 22 special conditions, seconded by Tom
Walsh and approved unanimously.
OLD/NEW BUSINESS
Councillor Leonard O'Leary addressed the Commission and presented
a letter concerning the property at 250-270 Highland Avenue.
He noted a lot of debris and that trucks are changing their
oil on the property. The Commission reviewed the locations
on the wetlands map and decided to confer with the Environmental
Police on the matter.
3 SOPHIA ROAD - MICHAEL PENNELL
Tom Walsh recused himself from discussion of this matter.
Debbie Hurlburt stated that she talked with the owner of the
. 3
property concerning the dumping that has gone on. She stated
that he said that he was not personally doing the dumping, but
that he would clean it up. She explained that the property
is sloped and that at the bottom of the slope is the buffer
zone. She also noted that nothing has been dumped in the buffer
zone, as yet but if it continues it will encroach the buffer
zone. It was decided to give them 3 weeks to clean it up.
STORM DAMAGE
Debbie Hurlburt stated that she has received a number of calls
from people who had damage from the October storm and did not
take advantage of the grace period that DEP had to repair damage
without a lengthy approval process . She suggested that she
be allowed to go out a inspect the damage and have the applicant
write a letter describing the work to be performed as was allowed
by DEP. The Commission agreed that Debbie could assess those
cases.
CLARK AVENUE
Debbie asked the Commission, at the request of the Planning
Board, why they did not require the soil testing of the fill
that was placed on the property. Betsy Horne stated that she
felt there was no reason to suspect that there was anything
on Deer Island that would be hazardous and that they did not
ask for testing because there appeared to be no reason to think
that there was anything wrong, other than the purpose for which
it was used.
ALLIED LUMBER
It was noted that there is a stock pile 10 feet from the North
River. A letter will be sent to the owner informing him that
any activity within 100 feet of the buffer zone required approval
of the Commission, and that they should remove the pile or file
a Notice of Intent.
APPROVAL OF MINUTES
The minutes of the meeting of May 14, 1992 were presented for
approval. Motion made by Abby Burns to approve the minutes
of the meeting of May 14, 1992, seconded by Tom Walsh 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 Richard Arms and approved unanimously.
RESPECTFULLY SUBMITTED BY:
EZ EN M. SACCO, CLERK
CC 52892
4.
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
or THURSDAY, JUNE 11 , 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, June 11 , 1992 at 7:00 P.M. in' thesecond floor
conference room at One Salem Green.
Those present were: Richard Arms, George Ahmed, Bob Crowley,
Fred Harney, and Abby Burns . Also present were Debbie Hurlburt
and Eileen Sacco, Clerk.
In the absence of Chairwoman Betsy Horne, Richard Arms assumed
the chair.
INFORMAL DISCUSSION - 53 MASON STREET - MR. WEINSTEIN
Mr. Weinstein addressed the Commission and stated that he would
like to bring the grade of his property in• the rear of 53 Mason
Street, up for additional parking. He stated that he wants
to bring the grade up four feet from what it is now. He asked
the Commission for advice on how to proceed. George Ahmed
suggest that he have formal plans drawn up with the set
elevations noted on them. He also suggested that the Commission
should familiarize themselves with the area which is located
on Commercial Street abutting the North River.
• NOTICE OF INTENT - JULIE ARMSTRONG - CLARK AVENUE
Mike O 'Neil addressed the Commission on behalf of his client
Julie Armstrong to request approval of a Notice of intent for
remedial work to correct an erosion problem on a fill slope
within the buffer zone and related work associated with the
construction of a single family home located at lot 41 on Clark
Avenue. He stated that the fill was placed on the property
by David Colpitts without the knowledge or consent of the owner
and that they are proposing to correct the problem as best they
can within their means . He noted that their proposal is similar
to the plan approved by the Commission for Paul Claveau who
owns the property adjacent to Ms. Armstrongs. The plans call
for the construction of an intercepting swale at the top of
the slope to intercept the runoff and direct it to a rip rap
stilling basin at the bottom of the slope. The runoff will
pass through a catch basin with a sump to collect sediment.
They also proposed to cutback the existing slope to 2: 1 and
loom and seed it. A revegetation mat is to be installed to
permit a grass slope to establish.
Mr. O'Neil also noted that the swale could be discontinued after
vegetation is established.
Paul Claveau addressed the Commission and stated that they want
0 1
to fix the problems caused by Mr. Colpitts and get on with
building their homes. He suggested that they could work together
• to solve the problems and hopefully ease the burden of the cost
of the work by doing so.
George Ahmed asked how far the toe of the slope was in relation
to the stream. Mr. O'Neil stated that it was about 20 feet.
George Ahmed also asked if drainage calculations had been done.
Mr. O'Neil stated that the original calculations done for Mr.
Claveau assumed that the drainage would come from the Armstrong
property.
Bob Crowley asked when the would start the work. Mr. O'Neil
stated that they hope to do the work this summer.
There being no further questions from the Commission or those
present, a motion was made by Abby Burns to close the public
hearing, seconded by Bob Crowley and approved unanimously.
Richard Arms noted that Betsy Horne wanted it noted that although
the Commission has dealt with the Claveau and Armstrong
properties separately, they are stop gap measures and that they
still want to consider Colpitts and the abutters, and the effects
on the environment in that area. He noted that these solutions
stop some problems in the area, but that the Commission still
needs to address the whole area.
The Commission reviewed the Conditions granted for the Claveau
property and suggested additional one for Ms. Armstrong.
George Ahmed suggested that area for the hay bales should be
marked at the toe of the slope for future reference. He wanted
the marrkings to be placed in such a manner so as to identify
the true location of the toe of the slope as proposed by the
plan.
Motion made by George Ahmed to approve the Notice of Intent
for Julie Armstrong, with special conditions, seconded by Abby
Burns and approved unanimously,
NOTICE OF INTENT - SESD - INVESTIGATION OF 'SEDIMENTS AT EXISTING
OUTFALL NEAR HASTE ROCK - SALEM SOUND INVESTIGATION OF ACTIVITY
IN LAND UNDER THE OCEAN NEAR HASTE ROCK - SALEM SOUND
Atty. John Darling of Serafini, Serafini, and Darling addressed
the Commission on behalf of his client, SESD. He introduced
those present to the Commission, and turned the meeting over
to Bill Kehoe of Camp, Dresser and McKee. Mr. Kehoe stated that
they plan to use the existing outfall pipe and add a diffuser
noting that studies show that the existing site is the best
to use. He stated that they will collect information to decide
the vertical and horizontal orientation of the outfall. Mr.
Kehoe explained that there are two parts to the investigation.
The first is that they will take geotechnical borings for
•. 2
sediment quality samples. They plan to take 4 borings that
will be 20 feet in depth, and the sediment will be removed using
the split spoon method. He noted that the barge would be
.. anchored in place with four stabilizing anchors. The disturbed
sediment would remain with in the casing. The samples will
be sealed in glass jars and sent to the lab. Any excess soils
will be properly disposed of.
Mr. Kehoe also explained that six weeks later six sediment core
samples will be obtained at three locations, two samples per
location, using an 8 foot gravity corer deployed from as boat.
The liner will be removed and capped and sent to the lab for
physical and chemical testing. He also noted that they would
provide the results of the tests to the Commission for their
information.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission and stated that the land under the ocean extends
out to the marine boundaries of the City of Salem. He stated
that the location is 30 feet deep and 1 .4 miles off shore. He
noted that the proposal is not expected to alter the distribution
of sediment, and will not add any pollutants to the resource
area. Dr. Mulligan also stated that there would be no harm
to the coastal shellfish, which are mussels, soft shell clams,
and sea scallops. He stated that there would be no adverse
effect on the resource area and should lead to more improved
discharge and improve the resource area.
•— George Ahmed asked if any studies have been done of the effects
of the outfall on the shellfish. Dr. Mulligan stated that
studies were done over 3 seasons and that they investigated
a large area. He stated that the inshore area is richer
biologically than offshore and that there is more marine life
inshore. He also noted that the level of impact should be the
same as dropping an anchor.
George Ahmed asked what the time frame for the project would
be. Mr. Kehoe stated that it would take 7-10 days to complete,
noting that they would change locations and do testing as weather
permitted.
Richard Arms asked if the pipe was on the surface of the water.
Mr. Kehoe stated that it is in the sediment. Richard Arms also
asked if the existing pipe would be replaced. Mr. Kehoe stated
that they are not replacing the pipe and that the diffuser would
be an extension of the pipe. He also explained that the existing
pipe is cast iron and the diffuser would be concrete.
George Ahmed asked how much outfall is produced per day.
Bernadette Cobe stated that 27 million gallons per day (MGD)
are produced and that amount will not change.
David Williams of 342 Essex St. addressed the Commission and
• 3
stated that he felt that the plan in general was a good idea,
but that he' is concerned about the construction period and the
general condition of the sediment and untreated waste. He noted
that heavy metals could be released through the outfall pipe.
It was noted that when plans are presented for construction,
conditions for that phase would be set at that time.
There being no further comments or questions from those in
attendance, a motion was made by George Ahmed to close the public
hearing seconded by Bob Crowley and approved unanimously.
George Ahmed suggested that the Commission take their time
preparing the conditions for the project. He suggested that
they could be prepared for the next meeting of the Commission
on June 25, 1992. Abby Burns stated that she felt that
everything had been addressed in the proposal.
Richard Arms stated that he would be more comfortable having
the conditions drafted for the next meeting. Atty. Darling
stated that it was fine with SESD, to have the conditions
approved at the next meeting.
OLD/NEW BUSINESS
TIDAL GATES
Abby Burns noted that when she made up the schedule for the
• tidal gates she included Memorial Day weekend and the law reads
that the gates should be opened June 1 . She stated that she
felt bad that the gates were closed an extra week.
Richard Arms stated that Betsy Horne wants to know who is willing
to meet with Mayor Harrington to discuss the tidal gates and
the report on the impact of opening and closing them. Abby,
Richard and George stated that they would meet with the Mayor.
SALEM ACRES
Debbie reported that the EPA is holding a Public Hearing on
the Salem Acres site on June 25, 1992 at Old Town Hall .
LAINE INDUSTRIES
Debbie reported that the enforcement order that was issued was
issued to Tri City Sales as owners of the property, and not
Laine Industries. She stated that she would like to have Mr.
Cohen at the next meeting, and issue an enforcement order to
Laine Industries if necessary.
CLAMMING AT FOREST RIVER
Debbie reported that she spoke to Lt. Ouellette and he informed
• 4
J ,
her that by Salem City Ordinance you can clam for bait but not
for consumption. She noted that there are limitations on where
you can clam and Forest River is not one of them. It was
suggested that the ordinance should be changed or the permits
should state the specific locations where clamming is allowed,
VALLEY STREET
Debbie reported that Mr. Anderson had been again complaining
about mosquitoes in the area and he wants the city to rechannel
the brook behind his house. She also noted that he complained
about rodents and that Stan Bigelow wants to work with the
Commission and the Board of Health on that problem because the
rodents are a hazard.
APPROVAL OF MINUTES
The minutes of the meeting of May 14, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of May 14 , 1992 , seconded by Bob Crowley and
approved unanimously.
The minutes of the meeting of May 28, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of May 28, 1992, seconded by Abby Burns and
approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion was made by George Ahmed to adjourn
the meeting seconded by Abby Burns and approved unanimously.
The meeting was adjourned at 9: 10 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
C061192
• 5
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JUNE 25, 1992
s� y
A regular meeting of the Salem Conservation Commission was. held
on Thursday, June 25, 1992, at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, George
Ahmed, Bob Crowley, and Richard Arms. Also present were Debbie
Hurlburt and Eileen Sacco, Clerk.
REQUEST FOR DETERMINATION OF APPLICABILITY - GREENLAWN CEMETERY
Richard Rennard, Cemetery Manager for the City of Salem was
present at the meeting with Jerry Smith of Aquatic Control
Technology to request a Determination of Applicability for
chemical treatment of nuisance microscopic and filamentous algae
at Sargent Pond located in Greenlawn Cemetery. Mr. Rennard
explained that Sargent Pond is approximately 5 acres with a
maximum depth of 4 feet and an average depth of 3 feet. He
also explained that the proposed treatment is not a long term
solution to the problem and that they will be exploring other
alternatives in the next few years.
Jerry Smith addressed the Commission and explained that they
are requesting to apply a maximum of 3 treatments of Copper
Sulfate per year for a three year period, noting that if one
•` or two treatments took care of the problem all three would not
be necessary. He also noted that a license to apply chemicals
would be filed with Mass. DEP, Division of Water Pollution
Control, and a copy of the approved permit would be provided
to the Commission prior to the start of the work. He also stated
that after the three year period they hope to return with
specific suggestions for solving the problem.
George Ahmed asked about the history of the pond. Mr. Rennard
stated that the Cemetery was established in 1803 and was a former
farm. He also noted that the pond has springs running through
it to Kernwood. He also noted that they are aware that the
springs are active because portions of the pond do not freeze
in the winter. Mr. Rennard also noted that some plant life
encroaches a little around the shoreline. Mr. Ahmed asked if
there was any life in the pond and Mr. Rennard stated that there
are goldfish and a 3-4 pound striped bass. He also noted that
the treatment should not effect the pond life.
Betsy Horne asked why the treatment was being requested now.
Mr. Rennard stated that in the past the treatments were done
without the required permits.
George Ahmed asked if the city allows fill to be placed in the
• 1
cemetery. Mr. Rennard stated that the contractors are allowed
to store up to 4 truckloads of fill at a time and that has to
be removed as soon as possible. He also noted that he tries
to keep it as far away from the pond as possible, although
sometimes it may go with in 100 feet of the pond, but he tries
to keep in under control.
There being no further comments from the Commission, or those
present at the meeting a motion was made by George Ahmed for
a Negative Determination with Conditions, seconded by Bob Crowley
and approved unanimously.
The Commission discussed special conditions for the project.
It was decided to use conditions 1 ,2, 12, 13, and 15. George
Ahmed noted that if they ever change the chemical being applied
they need to refile with the Commission.
Motion made by Richard Arms to approve the Special Conditions,
seconded by Tom Walsh and approved unanimously.
SESD - CONTINUATION - NOTICE OF INTENT
The Commission discussed proposed Conditions for the SESD
investigation of sediments at the outfall pipe and the activity
in land under the ocean as discussed at the last meeting.
George Ahmed asked if the anchors for the barge would disturb
the area. It was noted that the anchors would be circular and
would not cause any disturbance.
Betsy Horne asked how big the barge would be. Dr. Mulligan
stated that it would be about 30 feet.
Richard Arms asked if the Coast Guard needed to approve of the
work and it was stated that they did not need to be notified.
Motion made by Richard Arms to approve the Special Conditions
for the SESD investigation of sediment, seconded by Bob Crowley
and approved unanimously.
DISCUSSION WITH DAVID COHEN - TRI-CITY SALES
David Cohen was present at the meeting with his Attorney Harvey
Burg to discuss the violations that are occurring on property
that he owns, which he leases to Laine Industries. Atty. Burg
noted that Mr. Cohen wants to cooperate and that he has legal
action pending against his tenant. He also noted that they
were going into court the next day to seek a contempt of court
charge against Mr. Laine.
Betsy Horne referred to the fence that was to be installed some
time ago. Debbie Hurlburt noted that because the property is
in an entrance corridor only certain types of fencing can be
2
used. Mr. Cohen will check with the building inspector to see
what can be installed on the property.
It was noted that the area has, been cleaned up a little, and
George Ahmed suggested that a site visit should be made by the
Commission before the next discussion of the matter.
ENVIRONMENTAL POLICE - OFFICER RAMSEY
Officer Ramsey of the Massachusetts Environmental Police attended
the meeting to talk about the duties of the Environmental Police.
He noted that Environmental Crime is being enforced by the
Attorney General and that they are successful. He suggested
that the Commission get the manual from the Atty. General which
outlines step by step what the Commission should do about
violations, and if they get no results at the local level then
they can report it to the Environmental Police and the matter
would be taken over by them and would be out of the hands of
the Commission.
DISCUSSION - VALLEY STREET
Debbie Hurlburt reported that she went out to the area on Valley
Street that Mr. Anderson has been complaining about. She noted
that the city is supposed to maintain an area that has an
easement, and that Stan Bigelow has proposed to dig an 18 inch
trough to let the water flow freely. She also noted that this
might drain the area. Stan Bigelow will present plans to do
the work, and she noted that he wants to do this in a timely
•�� manner. She also noted that the Board of Health is concerned
about the Muskrat problem in the area.
OLD/NEW BUSINESS
Almeda Street
Tom Walsh recused himself from discussion of this matter.
Debbie reported that she has received complaints from the
neighbors that fill is being dumped at the Orlando property.
She said that she spoke to Mr. Orlando and he stated that the
retaining wall is going to be built. She also noted that she
sent him a letter, ordering the removal of the fill within three
( 3 ) weeks.
Tidal Gates
Betsy Horne reported that she has two possible dates for
Commissioners to meet with Mayor Harrington concerning the tidal
gates at Forest River. They are Thursday July 2 and 9 at 8:30
a.m. George Ahmed, Tom Walsh and Richard Arms will try to make
a meeting on July 9.
38 Charles Street
•, 3
38 Charles Street
Debbie reported that the owners of 38 Charles Street will be
present at the next meeting to discuss the garage that was
constructed, and while under construction was found to be a
wet area.
APPROVAL OF MINUTES
The minutes of the meeting of June 11 , 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of June 11 , 1992 as amended, 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 George Ahmed to adjourn
the meeting, seconded by Richard Arms and approved unanimously.
The meeting was adjourned at 9:45 P.M.
RESPECTFULLY SUBMITTED BY:
EI EN M. SACCOv CLERK
CC062592
�� 4
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JULY 9, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 9, 1992 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, George Ahmed, Tom
Walsh, Fred Harney and Abby Burns. Also present were Debbie
Hurlburt and Eileen Sacco, Clerk.
NOTICE OF INTENT - MIDDLESEX CORPORATION -32-36 COMMERCIAL STREET
Laura Robertson representing Middlesex Corporation, the General
Contractor for the Riley Plaza Project addresssed the Commission
to request approval of a Notice of Intent for 32-36 Commercial
Street. She explained that they have approached the owner of
the property Mr. Wiggins to use his property as a holding area
to stock pile materials removed from Riley Plaza during
construction. The materials will be reconstructed in the
project. She also noted that a silt fence would be installed
at the edge of the property along the North River to prevent
siltation. In return for the use of the property the owner
requests that they grade the site to make it level, with a slope
at the edge of the property. Erosion control measures such
as an erosion matting and or seeding shall be installed to
�- prevent erosion. Ms. Robertson noted that all fill left on
the site would be clean.
Betsy Horne asked if who the applicant was. Ms. Robertson stated
that she thought that since they would be using the property
and doing the work, that they should be the applicants. Betsy
Horne stated that the applicant should be the land owner, since
he is responsible for the property.
George Ahmed stated that he would like more information, such
as how many yards of fill, what type of material will be used,
the distance from the edge of the river, and how secure the
erosion would be from going into the river. He stated that
he would also like to see a copy of the agreement with the owner.
Betsy Horne suggested that the Commission keep the Public Hearing
open and they can resubmit the application to Debbie with the
signature of the owner and the matter can be addressed at the
next meeting.
Andrew Weinstein an abutter to the property was present at the
meeting to see what the plans called for since he has plans
to grade his property as well. He stated that he is not opposed
to the plan.
1
Motion made by Abby Burns to continue the Public Hearing until
July 23, 1992, seconded by George Ahmed and approved unanimously.
«—<NOTICE OF INTENT - MIDDLESEX CORPORATION - 7 COMMERCIAL STREET
Laura Robertson of Middlesex Corporation requested approval
of a Notice of Intent for 7 Commercial Street for use of the
property for short term stock piling of materials from Riley
Plaza. She noted that asphalt would be stored there and hauled
to a plant to be recycled. She also noted that the state owns
the property. It was noted that the State had not signed the
application and that needs to be done. She also noted that
there would be no grading of this property, and it would be
returned to its original stated upon completion of the project.
Ms. Robertson also stated that a silt fence would be installed
along the edge of the North River.
George Ahmed stated that he felt that the proposal was straight
forward, but suggested that the material be covered with a tarp
during inclement weather to prevent runoff. Ms. Robertson stated
that dust from the trucks may be a problem but the material
itself would be asphalt, gravel and cobble and should not pose
a problem. She suggested that they could water down the site
if needed.
The Commission discussed possible conditions for the proposal.
George Ahmed stated that the only material that should be
stockpiled on the site should come from Riley Plaza.
The Commission decided on standard conditions 1 ,2, 3,4,5, 12,
13, and 15.
Motion made by George Ahmed to approve the Notice of Intent
with special conditions, seconded by Tom Walsh and approved
unanimously.
OLD/NEW BUSINESS
38 Charles Street
The owners of 38 Charles Street were supposed to attend the
meeting to address a cease and desist order but failed to show
up. The Commission moved on to other business . Kevin Daly
was present at the meeting to assist the people, but was unaware
of why they failed to attend.
Clark Avenue - Julie Armstrong
Julie Armstrong reported to the Commission that when she got
prices for her approved plans the cheapest was $15,000.00 to
do both her lot and Mr. Claveau's. She stated that she would
like to change the catch basins to dry wells with crushed stone
2
to save money and noted that the catch basins will be useless
once the vegetation is established.
i
V_1-George Ahmed suggested that she should file a new plan and
proposal.
Fred Harney recommended that she get prices from a landscaper
and they might be cheaper. '
Debbie Hurlburt stated that she thought that they could file
an amendment to the plan and it could be advertised as an
amendment as the Commission has done in the past. She told
them to submit the advertising fees for the next meeting by
Monday and they could bring the completed plans to the meeting,
on July 23, 1992.
Tidal Gates
Betsy Horne reported that she, George, Bob and Abby, met with
Mayor Harrington concerning the Tidal Gates. She noted that
the Mayor indicated that he would be willing to supplement any
money the Commission has available for technical assistance.
He also suggested that they meet with the neighbors to discuss
issues concerning the estuary. Debbie will set up a meeting.
Betsy also reported that the Mayor noted that the gates are
open all winter and are only closed a total of 24 days from
June 1 through Labor Day and he failed to see how much damage
could be done in that amount of time. She noted that the
�- Commission needs more information to see what is going on there.
Dumping Behind Salem High School
Debbie reported that she received a letter from DEP notifying
her of illegal dumping taking place behind Salem High School.
Tom Walsh noted that it has been going on for a long time and
that it seems to be private trucks that are dumping there. Debbie
will check with the Board of Health to see if they 'need to handle
the matter. George Ahmed suggested sending a letter to the
School Committee.
Pioneer Village
Debbie reported that she had been out to Pioneer Village to
check to see what repairs need to be made from the storm last
fall. She noted that she felt that they need to file a Notice
of Intent because they need to bring heavy equipment into the
area to remove large boulders.
APPROVAL OF MINUTES
The minutes of the meeting of June 25, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
-. 3
of the meeting of June 25, 1992, seconded by Fred Harney and
A approved unanimoulsy.
There being no further business to come before the Commission
at this meeting, a motion was made by Tom Walsh to adjourn the
meeting, seconded by Fred Harney and approved unanimously.
The meeting was adjourned at 9:00 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC070992
�` 4
SALEM CONSERVATION COMMISSION
MINUTES OF JULY 23, 1992 MEETING
A Regular meeting of the Salem Conservation Commission was held
Thursday, July 23, 1992 at 7: 00 p.m. in the second floor conference
room at One Salem Green.
Members present at the meeting were: Betsy Horne, Richard Arms,
George Ahmed, and Bob Crowley. Assistant City Planner Beth
Debski and Acting Clerk Debra Tucker were also present.
CONTINUATION OF NOTICE OF INTENT PUBLIC HEARING: GTE
Appearing before the Conservation Commission were Ed Hawkins
and Paul Sanborn of GZA Geotechnical, Inc. along with Mark Bornstein
of GTE.
Mark Bornstein reported that since the last meeting at which
they had appeared, additional wells had been placed on the site,
and a sampling was taken. Results of Phase 2 of the Mass Contingency
• PIP Plan were presented to the City of Salem. Comments will
be accepted until August 14, 1992.
Ed Hawkins of GZA referred to page 10 of the packet. He stated
that the purpose of the plan is to restore the area which was
originally a saltmarsh and is now a glass landfill and by capping
the landfill. The plan calls for rough grading of the site,
approximately six inches of sand, eighteen inches of low permeable
clay composite, another layer of sand, and approximately six
inches of standard topsoil for the planting of vegetation of
which a revegetation plan will be submitted.
He added that the plan and test results will be submitted to
the Division of Solid Waste for anticipated approval in the
spring of 1993.
In answer to Mr. Arms Mr. Hawkins reported that approximately
one third of the seven acre site will be capped. The MEPA process
calls for the use of the glass to establish grade rather than
the removal of the glass. The ballfield will be established
in roughly the same area but will be approximately two to three
feet higher.
Mr. Hawkins replied to Mr. Ahmed that GZA has experienced wetlands
botanists on staff. There will be a maintenance program established
. as part of the plan. He added that after study of the one hundred
year flood plain, the 9 . 8 elevation will become elevation 13
when completed. He anticipated less of any chance of flooding
at completion than there is currently. Mr. Sanborn added that
• Page 2 of 6
Minutes of Conservation Commisson Meeting 7-23-92
flooding was not an issue since such a small fraction of the
site is part of the basin. He said that water runoff would
drain to the marsh in a sheet flow.
Mr. Hawkins reported that samples from three soil borings and
three monitoring wells were tested for leachability. There
were high lead levels found in one of the borings. The ground
water quality was found to be of similar quality or less of
an impact as in the draft Environmental Impact Report. Mr. Bornstein
added that there was no glass found near the building.
Chair Betsy Horne opened the discussion to the audience.
Tom Burke of 24 Grant Road asked what was found near the building.
Mr. Hawkins answered that there was sand fill and clay soils
present near the building with no elevated concentration of
metals. Mr. Burke asked how much retesting and monitoring would
be done after the area was capped. Mr. Hawkins replied that
a post closure monitoring program as well as vegetation monitoring
would be required, and that it would be GTE ' s responsibility.
Mr. Bornstein added that GTE would handle that through a consultant.
• Rich Arms asked Dr. Hugh Mulligan of Gulf of Maine to interpret
the results of the tests. Dr. Mulligan stated that the additional
borings and tests did not find any differences in conditions
from the first test. Contaminants were not higher, but elevated
levels of Cadmium and lead were found in one of the six holes.
Selenium and Cadmium levels were above drinking water standards
in one area, but no one uses that water for drinking.
Dr. Mulligan suggested that the Commission request that GTE
share with the Commission the closure plan progress with the
State. He added that GTE had not talked yet about the test
results of the rest of the site. There are solvent issues as
well as parking runoff concerns which are separate from the
landfill issue. Also there is the matter of the responsibility
of any future storm water contaminent flow. Any drainage could
have an environmental impact on the area especially on swimming
sites. He added that more glass with no more contamination
than any other test site was found in a deep pit. GZA has not
felt it necessary to do extra analysis, but if something more
is found during excavation, work will stop so that more testing
can be performed. Mark Bornstein stated that the field log
data which was questioned at the last meeting was corrected.
Mark Bornstein stated that the documents to be filed with the
Division of Solid Waste are being prepared. Dr. Mulligan said
that the solvents, namely trichlorethene, were found outside
• of the area of the board' s jurisdiction, but suggested that
they discuss them.
• Page 3 of 6
Minutes of Conservation Commission Meeting 7-23-92
Ed Hawkins referred to page 7 of his hand out. At the wells
bored tests for volitile organic compounds were performed with
six sampling rounds of Phase I approximately three times a year
as ground water monitoring. The real extent of the concentration
was found in two areas. According to Mr. Hawkins, the many
wells around the site show the trichlorethene at two source
areas and not to be a widespread problem. The levels and location
were not considered a risk to human health or environment but
will continue to be monitored.
Dr. Mulligan commented that there were extensive concentration
in those areas down to depths of one hundred fifty feet in water.
The trichlorethene is heavier than water and does seem to have
been there for a long period of time and not headed for the
marsh area. The two choices are to leave tha material there
or attempt to remove it.
Paul Sanborn stated that the matter had been looked at very
carefully and a risk assessment done. They see no further need
for action now other than to monitor it. They will reevaluate
if something else is found. The matter appears to have been
at the site for at least twenty years without migrating due
• to the nature of the material VOCs and the grade of the area.
There were no further questions or comments from the audience.
Chair Betsy Horne asked what the tentative schedule was. Ed Hawkins
replied that they intend to submit the initial closure plans
this fall and anticipate the permit by Spring of 1993. Mark
Bornstein added that they expect some kind of response by the
end of 1992 and an approved plan by March 1993 unless the state
has other priorities over this case.
Chair Betsy Horne then- stated that the next- meeting that they
are to appear at will be: December 10, 1992, unless scheduled
plans change. The' are to-notify the boar d...of' any changes.
George Ahmed moved to continue the Public Hearing for the Notice
of Intent by GTE until December 10, 1992. Bob Crowley seconded
the motion, and the vote was unanimous.
CONTINUATION OF NOTICE OF INTENT PUBLIC HEARING
32-36 COMMERCIAL ST. : MIDDLESEX CORP.
Laura Robinson and John Linotti appeared before the board concerning
filling at 32-36 Commercial St. They had been granted permission
to allow stockpiling materials at 7 Commercial St. for the Riley
Plaza construction project at the July 16, 1992 meeting.
• The general contractor has a permit for the project. They seek
permission for excess gravel and clean fill to be distributed
• Page 4 of 6
Minutes of Conservation Commission Meeting 7-23-92
at 32-36 Commercial St. owned by Dan Wiggin of Hendrick Saw.
A silt fence and hay bales will be placed at the river edge.
The owner wants the site graded evenly. The entire area will
then be reseeded for erosion control.
There will be the same runoff to the river and water speed since
the grade and direction will be the same. Mr. Linotte stated
that the intent is to clean up and even out the site in order
to deter people from dumping. Laura Robinson stated that the
maximum volume of fill would be 3, 000 cubic yards. The actual
amount would probably be half that amount since there is less
than anticipated coming from the site.
Bob Crowley stated that the area used to be a railroad right
of way but had been abandoned for a long time. Chair Betsy
Horne stated that erosion control would definitely be a part
of any order of conditions.
After discussing the matter the plan was to have the area from
reference point 80 on the map to point 120 show a slight dip
with a gradual decline four to five feet from the top edge towards
the rear of the sight to the reference point of 80 with another
• gradual slope back to reference point 40. There will be two
swales. There will then be approximately one hundred fifty
cubic yards of' topsoil added.
Richard Arms asked the contractor to confirm that this work
was not intended to cover up problems or dumping at the site.
Mr. Linotte replied that it is to visually improve the site
to deter dumping. There is one pile of shingles which will
be removed from the area. Laura Robinson added that there will
be pictures taken of the area both before and after the work.
George Ahmed added that upon visual inspection of the premises
any evidence of hazardous materials will be grounds for the
Commission to stop the work.
George Ahmed moved that the Order of Conditions with the following
five special conditions along with the standard boiler plate
conditions 1, 2, 3, 4, 5, 12, 13, and 15 be issued:
1. A maximum of three thousand cubic yards of clean
fill will be allowed.
2. Erosion control is required.
3 . The site shall be graded with two swales with a
gradual decline of four to five feet from the top
edge towards the rear of the site from reference
point 80 to 120 and another from reference point
80 to 40 as shown on the map presented.
• 4 . There will be 150 cubic yards of topsoil applied.
5. Before and after construction pictures shall be
taken of the site and upon visual inspection of
Page 5 of 6
Minutes of Conservation Commission Meeting 7-23-92
the site, any evidence of hazardous materials
will cause the work to stop.
Richard Arms seconded the motion, and the vote was unanimous.
EMERGENCY CERTIFICATION: SALEM WILLOWS PIER
Bill Colehower of the Planning Department appeared before the
Commission representing the City of Salem in the matter of the
Emergency Certification of the repair work to the Salem Willows
Pier. The pier was damaged during a storm in October 1991.
The City applied to the federal government for emergency relief
money. There was damage to railings as well as decking pulled
up and some minor damage to the under structure.
The matter is of an emergency nature in order to get the pier
open and operational. It is structurally sound. There are
planks and some understructure that must be replaced and nailed
down. Charlie Quigley the Engineer for the project (not present)
prepared the specifications, and a contractor Goudreau has been
selected. The work has begun already.
• Chair Betsy Horned asked if there would be any heavy machinery
used or any major construction taking place. Mr. Colehower
replied that there is no major work to be done. The work will
probably take place at low tide. There will be a drill used
to remove and replace any bolts and a raft to get the lumber
to the site. The last third of the pier is older and is the
area that needs the most work. The pilings are in fine shape.
George Ahmed cautioned that the contractor be careful with the
materials and especially with the removal and disposal of old
materials.
George Ahmed moved that the Conservation Commission issue an
Emergency Certification for the work to repair the Salem Willows
Pier. Bob Crowley seconded the motion, and the vote was unanimous.
NEW BUSINESS
38 Charles St. :
Lutusek Grazyna of 38 Charles St. appeared before the Commission.
City Solicitor Kevin Daly stated that he was appearing as a
neighbor and in his capacity as City Solicitor to explain the
legal ramifications of compliance and noncompliance.
• Mr. Grazyna was constructing a garage on his property within
a wetlands area. He was ordered to cease and desist by the
Conservation Commission. The foundation is done, and three
walls are framed. Approval was given by the Building Department
Page 6 of 6
Minutes of Conservation Commission Meeting 7-23-92
and a permit issued, but that departments ' maps do not show
the property as being near a wetland. Chair Betsy Horne stated
that she has been trying to obtain funds to update the City' s
maps so that problems like this won't occur.
George Ahmed instructed Mr. Grazyna to file a Notice of Intent
with a set of detailed plans showing the house, garage, and
wetlands. A site visit will be necessary by the Commission.
Kevin Daly told the Commission that he told Mr. Grazyk to come
before the Commission first to see what exactly was required
before filing the paperwork.
Chair Betsy Horne stated that the Commission' s interest is to
protect the wetlands. The Cease and Desist order remains in
effect until the matter is resolved. A site visit will be scheduled
for September. Ms. Horne directed Mr. Grazyna to contact Debbie
Hurlburt of the Planning Department staff for help preparing
the correct applications.
George Ahmed aked City Solicitor Daly if he was aware of dumping
on City property by City trucks near the Salem High soccer field.
• Beth Debski reported that David Cohen of Tri-City Sales could
not appear at the meeting. He will attend the first meeting
in September.'
The Drainage Agreement for Paul Claveau/Julie Armstrong was
presented for Richard Arms signature.
The DEP Waterways License Application for the Salem/Beverly
bridge was presented for Conservation Commission members ' review.
A letter from the Shaughnessy-Kaplan Rehabilitation Hospital
concerning the catch basin cleaning and inspection work was
presented.
APPROVAL OF JULY 9, 1992 MINUTES
George Ahmed moved that the minutes of the July 9, 1992 Regular
Meeting be approved as presented. Bob Crowley seconded the
motion, and the vote was unanimous.
ADJOURNMENT
There being no further business before the board, George Ahmed
moved to adjourn the Regular meeting of July 23, 1992 at 9: 10
p.m. Richard Arms seconded the motion, and the vote was unanimous.
• Respectfully submitted
By:
Debra A. Tucker
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY SEPTEMBER 10, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 10, 1992 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairman Betsy Horne, George Ahmed, Fred
Harney and Bob Crowley. Absent were: Abby Burns, Thomas Walsh,
and Richard Arms. Also present were Debbie Hurlburt and Eileen
Sacco, Clerk.
DETERMINATION OF APPLICABILITY - TOWN OF MARBLEHEAD
Fred Harney recused himself from discussion of this matter.
Betsy Horne explained to the representatives from the Town of
Marblehead that since Mr. Harney had to recuse himself from
discussion of this matter, and the fact that three of the
Commission members were not present at the meeting, the
Commission did not have a quorum to discuss or vote on the
matter. Benjamin Bugsby, Mr. Bassett, and Dana Snow were
representing the Town of Marblehead and they agreed to postpone
the matter until the next meeting of the Commission on September
23, 1992.
A letter will be sent to the Commission agreeing to the extension
of the 21 day period from the date that the application is filed,
by which the Commission must act on the application.
NOTICE OF INTENT - NICHOLAS FIORE - 6-8 CLARK AVENUE
Nicholas Fiore was present at the meeting with Dennis McManus
of Landmark Engineering addressed the Commission to request
approval of a Notice of Intent for work to be performed at 6-
8 Clark Avenue. The propose to regrade the slope, loam and
seed the slope, and install an erosion control / revegetation
blanket on the slope.
Betsy Horne noted that the neighbors of Mr. Fiore have come
to the Commission with plans to grade and maintain the slopes
in their yards and questioned whether they had consulted their
plans to coordinate things . Mr. McManus stated that he had
looked at the plans of the neighbors, but they did not
intentionally draft thbir plans to coordinate with the neighbors .
Mr. Fiore stated that the neighbors have started their work
but due to heavy rains they had to stop and allow the ground
to dry out. He also stated that he would do whatever he could
to blend with the neighbors plans .
1
George Ahmed asked for the stream to be identified on the plans.
He also asked for the distance of the property from the stream.
Fred Harney recalled that Landmark Engineering had done the
original work for Mr. Colpitts when he started the subdivision.
He suggested that they may have the original topography of the
land prior to the dumping of the fill. Mr. McManus stated that
he thought that he did and he could probably provide the
Commission with the information.
Betsy Horne suggested that the Commission continue the Public
Hearing until the next meeting and the Commission hold a site
visit before the next meeting. A motion was made by Fred Harney
to continue the public hearing until the next meeting of the
Commission on September 23, 1992, seconded by Bob Crowley.
A site visit will be held on Saturday, September 12, 1992 at
8: 30 a.m.
DISCUSSION WITH ATTORNEY SMER^ZYNSKI - REGARDING BERTINI AND
PELLEITER RESOLUTION
The discussion of this matter was postponed to a later date.
DISCUSSION REGARDING THE PALMER COVE YACHT CLUB
Debbie Hurlburt addressed the Commission and stated that she
had received a letter from Atty. Michael McMahon on behalf of
the Palmer Cove Yacht club, requesting that the Commission
consider allowing them to relocate an existing row of wooden
lockers that the divides the new and old properties to the rear
of the property line at 72 Leavitt St. The letter stated that
the relocation would allow the club to make sufficient use of
the parking area as well as boat storage in that area, which
is currently restricted due to the row of lockers.
Debbie also noted that the Commission had conditioned the project
and had requested that they install a birm at the seaward side
of the property to prevent surface water runoff in that
direction. She also noted that the letter indicates that the
lockers would be placed on a concrete base which would extend
4 inches above the ground, and could prevent the runoff.
Betsy Horne suggested that the Commission visit the site to
take a look at the lockers. George Ahmed stated that he did
not want to sanction an eyesore, and he felt that a site visit
was a good idea. He also sug^ested that Debbie talk to Bill
Luster and explain what they want to do.
Debbie will notify Palmer Cove that the Commission would like
to visit Saturday, September 12, 1992 at 11 :00 .
• 2
OLD / NEW BUSINESS
EXTENSION OF PERMITS FOR FAFARD COMPANY
Debbie Hurlburt informed the Commission that she received a
letter from Atty. Serafini regard the 21E status of the two
parcels that the Commission had questioned regarding extensions
of orders. The two parcels are 58 Swampscott Road, and a parcel
at First St. and Traders Way. The letter stated that the parcel
on 58 Swampscott Road was placed on the 21E list in December
of 1989, and was suspended. The extension that the Commission
granted expires on September 26, 1992. That extension needs
to be acted on by the Commission since it was approved, but
never recorded. The second parcel at First and Traders Way
expires in January of 1993.
George Ahmed stated that he is concerned about the time frame. ,
noting that he wants to examine the situation since it has been
four years and no work has been done. He suggested that the
Commission could grant an extension for 6 months until the spring
and see if any progress is mad F:. Betsy Horne agreed and
suggested that they come in and talk to the Commission about
the status of the property.
PRIORITY ISSUES
Betsy Horne stated that she would like to have the city's wetland
maps redone and have looked into the matter. She stated that
it could cost $500.00 to have them redone with the assistance
of the city engineering department. She will talk to Mayor
Harrington to see if the city will approve the expenditure.
George Ahmed expressed his concern that all members are not
attending the meetings of the Commission. Betsy Horne also
expressed her concern and she will send a letter to the members
who frequently miss meetings.
OLD BUSINESS
Debbie Hurlburt informed the Commission that a copy of a letter
from Joyce Salvo to DEP had been received requested that the
City's appeal be dismissed.
Debbie Hurlburt presented a letter from Gulf of Maine classifying
the property at 38 Charles Street as isolated land subject to
flooding, and stating that they should be able to build there.
Betsy Horne suggested that the Commission should visit the site.
A site visit will be held on Saturday, September 12, 1922.
Debbie Hurlburt also referred to a letter from Atty. John Darling
informing the Commission that SESD began their project on August
18, 1992.
• 3
• Debbie Hurlburt informed the Commission that the subdivision
on Greenlawn Ave. is currently blasting. She also noted that
Stan Bigelow has requested that a catch basin be relocated,
but that it is not in the jurisdiction of the Commission.
Debbie also informed the Commission that she has received a
letter from DEP regarding dumping taking place at Salem High
School . She showed the Commission pictures that she took of
the area, and stated that they need to identify the wetland.
George Ahmed suggested that the Commission visit the site on
Saturday.
Debbie informed the Commission that she has visited the site
on Commercial Street where they are stockpiling materials from
Riley Plaza. She showed the Commission pictures and noted that
there are no problems there.
Betsy Horne informed the Commission that she has spoken to David
Shea in the Mayors office, inquiring as to the status of the
composting site since fall is approaching and residents will
be raking leaves and the city needs to have a site to put them.
She noted that Mr. Shea indicated that Stan Bigelow has been
busy and they would be working on it.
APPROVAL OF MINUTES
• The minutes of the meeting of July 23, 1992 were presented for
approval. Motion made by George Ahmed to approve the minutes
of the meeting of July 23, 1992, seconded by Fred Harney 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 9:25 p.m.
RESPECTFULLY SUBMITTED BY:
1 * Aaz,.�
EILEJEN M. SACCO, CLERK
CC091092
• 4
SALEM CONSERVATON COMMISSION
MINUTES OF MEETING
SEPTEMBER 24, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 24, 1992 at 7:00 P.M.
Those present were: Chairwoman Betsy Horne, George Ahmed, Tom
Walsh, Abby Burns, Bob Crowley, Richard Arms and Fred Harney
(7:20 ) . Also present were Debbie Hurlburt, and Eileen Sacco,
Clerk.
DETERMINATION OF APPLICABILITY - TOWN OF MARBLEHEAD
Fred Harney recused himself from discussion of this matter.
Benjamin Bugsby, Wilbur Basset, and Dana Snow were present at
the meeting to present Request for a Determination of
Applicabilty for proposed improvements to an existing entrance
drive, which includes the installation of sewer, water and gas
services, to supply a proposed water (booster) pumping station.
Mr. Bugsby stated that very little change will take place with
the existing entrance. He noted that the area was flagged by
Gulf of Maine. He also noted that they will try to stay behind
the 100 ft. buffer zone, but they may have to encroach for the
grass. He also noted that the new station is needed to back
• up the Tedesco Pumping Station.
George Ahmed asked what would be disturbed by the project.
Mr. Bugsby noted that they will have to remove some trees and
do some grading. He noted that there is a large concrete
structure that is a hazard and they plan to regrade and cover
it over to make it inaccessible. George Ahmed asked how many
trees they need to remove. Mr. Bugsby stated that he thought
about 12.
Dana Snow noted that the building has been designed to look
like a house to blend in with the neighborhood. He also noted
that the only traffic that should be going in there would be
a truck twice a day to check the operation, and occassionally
a maintenance truck.
George Ahmed asked how long the project would take. Mr. Snow
stated that they would like to grade this year and build next
year.
Abby Burns noted that it was a beautiful site and she hoped
they would save the oak trees. Mr. Snow stated that they moved
the location of the house back so that they could save as many
trees as they could.
• Jean Levesque of 446 Loring Avenue addressed the Commission
and stated that his driveway is directly across from the
entrance and that he was concerned about the traffic having
to stop on Loring Avenue. He noted that his concerns were
satisfied if they are going to move the fence. He also noted
that they agreed to show the neighbors the plans.
There being no further questions or comments concerning the
plan, a motion was made by Abby Burns to close the public
hearing, seconded by George Ahmed and approved unanimously.
Motion made by George Ahmed to issue a negative determination,
seconded by Abby Burns and approved unanimously.
CONTINUED PUBLIC HEARING - 6-8 CLARK AVENUE - NICHOLAS FIORE
Betsy Horne noted that the Commission visited the site on
Saturday September 19.
Dennis McManus addressed the Commission on behalf of his client
Mr. Fiore. He noted that he had revised the plans and made
changes. He stated that they have retopoed the area abutting
the property, and located the edge of the water. He also changed
the plan to tie into the abutting properties. He noted that
the extension pipe has been changed from 8 to 6 feet and that
if they could they would like to keep the pipe 8 feet. He also
noted that the plan shows the existing condition of the Claveau
property with the completed work.
• George Ahmed asked if they had any information on the condition
of the soil. Mr. McManus stated that they had not done any
testing, but that the., could tell visually that it was some
sort of clay material that gets mushy when it rains.
Abby Burns noted that she was concerned about the project being
done correctly, . since the Commission has previously issued cease
and desist orders to Mr. Fiore that were ignored.
George Ahmed stated that he was concerned about future erosion
and that he wanted to make sure that a proper ground cover was
being installed.
There being no further comments or questions concerning this
matter, a motion was made by Abby Burns to close the public
hearing, seconded by George Ahmed and approved unanimously.
The Commission discussed special conditions for the project.
George Ahmed suggested that a permanent marker be placed at
the toe of the slope, to prevent further encroachment.
Fred Harney suggested that the rip rap be maintained at the
out flow pipe.
• Motion made by George Ahmed to issue an order of conditions
with 11 special conditions seconded by Richard Arms and approved
2
• unanimously.
NOTICE OF INTENT - SOUTH ESSEX SEWERAGE DISTRICT
Betsy Horne introduced David Standley the consultant hired by
the City of Salem to work on the Secondary Sewerage Treatment
plant project.
Attorney John Darling addressed the Commission on behalf of
his clients SESD. He noted that the SESD has been mandated
to have a secondary treatment plant in place by 1997. He also
noted that they have 2 different layouts to present, for the
same piece of land. He noted that the drainage would be the
same for both. He also noted that the impact on the buffer
zone would be about the same for both.
Bill Keough of CDM addressed the Commission and explained the
concepts B and G. He stated that there is no significant
difference in the environmental impact of the two plans. He
explained the existing site drainage and located the areas
described on the plan. He estimated that 14 ,000 s.f. of coastal
storm flowage would be disturbed, and that the total volume
of runoff would increase by 5%. He also stated that the runoff
would be like typical roadway runoff. Mr. Keough also stated
that a siltation fence would be installed outside of the buffer
zone as well .
• Mr. Keough also reviewed erosion and sedimentation controls
with the Commission.
Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the
Commission and stated that it is important to realize that the
activity is taking place within the existing facility site.
He also noted that all of the activity taking place is inside
of a coastal bank, and that they would be establishing a limit
of work with a siltation fence.
Atty. Darling also noted that concept B has gone trough the
MEPA process and received final approval. He further noted
that if concept G is approved they would change to that concept.
He also stated that they would immediately notify the Commission.
George Ahmed questioned the submission of two concepts. Atty.
Darling stated that if the secretary wanted further information
about concept G they would still be able to proceed on schedule.
Betsy Horne requested copies of the NOI for all Commissioners.
Fred Harney asked how much material they expect to bring in
to the site. Jane Madden stated that she did not know how much
• material they would bring in.
3
• Mr. Standley asked if the plan included advanced waste treatment.
Mr. Keough replied that it is not proposed at this time.
George Ahmed asked if the system would handle the excess volume.
Mr. Keough stated that it can handle 41 MGD.
Betsy Horne suggested a site visit be held and continue the
Public Hearing until October 8, 1992. A site visit was scheduled
for Friday, October 2, 1992 at 8:30 P.M.
A motion was made by George Ahmed to continue the Public Hearing
until October 8, 1992, seconded by Abby Burns and approved
unanimously.
OLD/NEW BUSINESS
38 CHARLES STREET
Dr. Hugh Mulligan explained his findings on the property at
38 Charles Street. He stated that he found it to be isolated
land subject to flooding, which has no buffer zone, and it is
not in the jurisdiction of the Commission.
Betsy Horne stated that she wanted to review the records of
the Commission to see if the property may have been filled.
• Abby Burns commented that the garage being built on the property
looks out of place.
The Commission will review the situation and make a decision
at a later date.
DUMPING AT SALEM HIGH SCHOOL
DPW Director Stan Bigelow was present at the meeting to address
concern of the Commission regarding dumping behind Salem High
School. He noted that prior to his coming to the City the site
was used for disposal of excess soil, and materials swept from
the streets and catch basins. He referred to a letter from
Steve Dibble of the Planning Department concerning the matter,
noting that he had seen the letter a year ago but was unable
to locate it recently. He noted that the letter implied that
the activity was taking place with the knowledge of DEP.
He also stated that the School Department leaves the gate open
at times and other parties are able to get in there to dump.
He asked that the Commission not issue a cease and desist order
as planned until he can address the situation.
Fred Harney asked about the pipe running parallel to the soccer
field. Mr. Bigelow stated that it has been extended regularly
by the DPW to act as an under drain for the fill.
4
• Betsy Horne stated that she was concerned that the fill would
impact the resource area.
Stan Bigelow stated that he has told the park department to
stop dumping there, but he can see from photos that they are
dumping tree trimmings there.
Tom Walsh stated that he knew that the dumping had been going
on for 10 years and suggested that they move the fence back
to the edge of the fill and lock the gate to prevent illegal
dumping. Stan Bigelow noted that he has difficulty with
department head on the issue.
George Ahmed suggested that the cease and desist order would
give Mr. Bigelow the opportunity to address the issue with the
School Department.
Betsy Horne suggested waiting two weeks to give Stan a chance
to address the problem and she would talk to the Mayor.
DISCUSSION WITH JOHN SERAFINI
Attorney John Serafini was present at the meeting to discuss
some issues with the Commission.
• He reviewed the history of the Bertini Property and the orders
of conditions that were issued for the projects. He noted that
a second order of conditions was issued but the work has not
been done yet. He also outlined the resolution reached with
Atty. Smerczynski on behalf of the Pelletiers. He suggested
that the plans be reviewed by the Commission and the Planning
Department along with the City Engineer in order to settle the
issue once and for all .
Betsy Horne suggested that the Commission hold a site visit
on October 2, 1992 .
Atty. Serafini also updated the Commission on the status of
Salem Hospitals proposal for the Day Care Center on Colby Street.
He stated that an appeal has been filed and that the response
time has been extended twice by DEP. He also stated that he
thinks that they may bypass the pond all together.
Atty. Serafini was also present to have an order of conditions
extended for 58 Swampscott Road. Betsy Horne noted that the
Commission is concerned that the site may be a 21E site and
that they would like to know the status of that before extending
the Order. Atty. Serafini recalled that the site was purchased
and a plant for Maynard Plastics was built. At that time
material was found on the site and removed under the direction
• of DEP. He also noted that a report from the engineers was
sent to DEP three years ago. He also stated that if the site
5
is to be used then an assessment needs to be done before anything
can be done. He asked that the Commission extend the Order
of Conditions for 30 days so that he can find out the status
of the property.
Motion made by Abby Burns to extend the Order of Conditions
until October 22, 1992, seconded by Richard Arms and approved
unanimously.
WETLANDS MAPS
Betsy Horne read a letter to the Commission that she sent to
Mayor Harrington with regards to the City' s Wetlands maps.
After discussing the matter of the maps and the possible
discrepancies in them, it was decided to find out if a wetland
legally exists if it is not indicated on a wetland map.
Betsy Horne also suggested that she send a letter to the Mayor
requesting that Associate Commissioners be appointed to the
Commission.
A letter will be sent to Atty. McMahon, indicating that the
moving of the lockers at Palmer Cove would not be a problem.
The Commission discussed the need to change the licensing
procedures for clartmting. It was suggested that they need to
• go to the City Council to have the Ordinance changed to include
State Conservation Areas as locations where clamming is not
allowed.
Debbie Hurlburt informed the Commission that Julie Armstrong
has completed the work on her property on Clark Ave. She also
wanted to know if the grass has to grow in before she can get
a Certificate of Compliance. George Ahmed suggested that the
Commission should need evidence that shows the efforts to
stabilize the slope.
APPROVAL OF MINUTES
The approval of the minutes of the meeting of September 10,
1992 was postponed.
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 Richard Arms and approved unanimously.
The meeting was adjourned at 10:30 P.M.
RESPECTFULLY SUBMITTED BY:
• EILEEN M. SACCO, CLERK
CC092492
6
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER 8, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 8, 1992, at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Fred Harney, Bob
Crowley, Tom Walsh, George Ahmed, Richard Arms, and Abby Burns.
Also present was Debbie Hurlburt and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - NOTICE OF INTENT - SESD
Betsy Horne wanted it noted for the record that the Commission
held a site visit at SESD on October 2, 1992 and received an
extensive tour and discussion of the plant.
She opened the meeting up for comments and questions from the
Commission regarding the project.
George Ahmed referred to the drainage calculations in the Notice
of Intent and questioned the loss of open space in concept G.
Richard Arms asked that the storm drains be located on the plan.
• Betsy Horne noted that the SESD is buying homes on Fort Avenue
and questioned whether plans that they may have for those
properties would affect the drainage calculations. Atty. John
Darling stated that the Board of the SESD is committed to keeping
that land open space and that they should expect less runoff.
He stressed that no subsequent phases of this project would
be created in this open space.
George Ahmed gave a newspaper article to Atty. Darling concerning
Sodium Hypoclorate. Jane Madden stated that the SESD used liquid
rather than gas for safety reasons. Bob Crowley noted that
in 38 years on the fire department he only recalled one instance
where they had to go in and shut off the valves.
Richard Arms asked about the number of parking spaces for the
two concepts. Jane Madden stated that they would have about
100 parking spaces for visitors and staff, noting that they
have no formal parking spaces at present. Richard Arms also
noted that traffic at the plant should increase when the
secondary plant opens. Jane Madden stated that the staff would
increase by 508.
Abby Burns asked if they could make an effort to keep some of
the trees that are there. It was noted that they maybe could
• keep some of the trees on the Cat Cove property.
1
J'
Fred Harney asked what the status of the MEPA review was. Atty.
Darling stated that they expect approval next week. He also
noted that concept B has been accepted.
Richard Arms asked if a Pollution Prevention Plan outlining
the issues listed in Section 6 had been drafted. He noted that
it would alleviate the concerns of the Commission concerning
chlorine etc. Atty. Darling stated that they could make it
available to the Commission when it is prepared. Hugh Mulligan
stated that they are required to prepare it within 6 months
and it has to be maintained at SESD. He suggested that the
Commission make it a condition that it be provided before
construction begins.
George Ahmed asked if they plan to systematically test the
outfall opening. Atty. Darling stated that they have nothing
in the plan to do so, but that it could be a condition. Dr.
Mulligan noted that the general permit does not require the
testing of the outfall . George Ahmed noted that there was
nothing preventing the Commission from asking for testing.
Betsy Horne requested a maintenance plan for the traps and catch
basins. She also reviewed typos in the Notice of Intent and
asked that they be corrected for the record.
There being no further questions or comments from those present
• a motion was made by Abby Burns to close the public hearing,
seconded by Tom Walsh, and approved unanimously.
Betsy Horne informed those present that the Commission would
draft a set of conditions to be discussed at the next meeting.
OLD/NEW BUSINESS
Atty. John Serafini addressed the Commission regarding the
Bertini property. He noted that there are two orders of
conditions and it needs to be determined if they are intertwined
and a cease and desist order needs to be lifted in order for
the work to be done. He also noted that the original plans
called for the construction of a fence, because Pumel
Construction was using the property, but since that order was
issued, Pumel moved out and they may not need the fence.
Atty. Serafini also requested that the Order of Conditions for
58 Swampscott Rd. for Mr. Fafard be extended for one year with
the condition that if they intend to do any work on the site
that they come before the Commission before any work is done.
Motion made by George Ahmed to extend the Order of Condition
for one year with the condition that they notify the Commission
at least 60 days prior to any construction, seconded by Abby
• Burns and approved unanimously.
2
38 CHARLES STREET
• Dr. Hugh Mulligan was present at the meeting to answer questions
concerning 38 Charles Street.
George Ahmed asked what regulations are used in determining
isolated land. Dr. Mulligan stated that they are according
to Mass . regulations.
Abby Burns asked Dr. Mulligan to explain isolated land. He
stated that there are different types of wetlands, noting land
subject to flooding as opposed to bordering vegetated wetland.
He explained that isolated land has no inlet or outlet and no
pond, stream or lake, and therefore has no buffer zone. He
stated that land subject to flooding is a depression in the
ground that collects water.
Betsy Horne stated that she would like to address legal concerns
and would like to wait until the next meeting to make a decision
on the matter. She noted that she wants to know what force
the maps have if the maps do not show the wetlands . She also
questioned who has to prove it. Tom Walsh noted that the
petitioner has to prove it.
Bob Crowley noted that the Building Inspector issued the building
permit and the Conservation Commission is being made the bad
• guy in this issue.
George Ahmed stated that he would like a plan with the footprint
and have Dr. Mulligan outline the isolated land area on the
plan in relation to the abutters.
Abby Burns suggested taking the plan to the new building
inspector and inform him of the situation.
SALEM HIGH SCHOOL
Debbie Hurlburt read a letter from Stan Bigelow addressing the
concerns of the Commission about the dumping at Salem High and
outlining the solutions that he has implemented.
Debbie Hurlburt informed the Commission that the Closure Designs
for GTE are available at the library.
APPROVAL OF MINUTES
The minutes of the meeting of September 10, 1992 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of September 10, 1992, seconded by George Ahmed
and approved unanimously.
• 3
CERTIFICATE OF COMPLIANCE - CLARK AVENUE
Debbie Hurlburt stated that. she had received requests for
Certificates of Compliance from Paul Claveau and Julie Amrstrong.
She also stated that Will Beaulieu has been to the site and
is satisfied that the work has been completed. She also showed
pictures which indicated that the vegetation has taken.
Motion made by Abby Burns to approve the Certificate of
Compliance for Paul Claveau, and Julie Armstrong, 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 George Ahmed and approved unanimously.
The meeting was adjourned at 9:15 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERIC
CC100892
• 4
SALEM CONSERVATION COMMISSION
MINUTEE OF MEETING
THURSDAY, OCTOBER 22, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 22, 1992 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Abby Burns, George
Ahmed, Tom Walsh, Richard Arms, and Fred Harney. Also present
were Debbie Hurlburt and Eileen Sacco, Clerk.
SESD - ISSUANCE OF AN ORDER OF CONDITIONS
The Commission and representatives of SESD reviewed a draft
set of conditions for the proposed construction of the secondary
sewerage treatment plant and made additions and deletions as
discussed. (The complete final Order is attached to these
minutes. )
Atty. John Darling addressed the Commission and asked that the
Order be granted for five years rather than the usual three.
George Ahmed suggested that the Commission consider the five
year request with the stipulation that the Commission can amend
the conditions if the environment or the regulations change.
• George Ahmed also expressed his concern that if the chlorine
tanks are put underground that they may have to be removed in
30 years. Jane Madden explained that the chlorine tanks are
not going to be under ground and that they will be in a building,
and will contain sodium hypochlorate. She also noted that the
tanks will have a concrete berm around them. She explained
that the tanks would be ventilated through the heating and
ventilation system to the atmosphere. She also stated that
there would be 3 fiberglass tanks, and only one is currently
in operation. George Ahmed stated that he would like a statement
from SESD describing that airborne gases would not be harmful
to the area.
There being no further questions or comments concerning the
order of conditions, a motion was made by Abby Burns to issue
the Order of Conditions to SESD, seconded by George Ahmed and
approved unanimously.
NOTICE OF INTENT - 18 FREEMAN ROAD
Atty. John Keilty addressed the Commission on behalf of his
client, Daniel Archibald and presented a Notice of Intent for
his property, located at 18 Freeman Road. They plan to construct
a home on the property, which has bordering vegetated wetland.
• He noted that they plan to install haybales, and will replicate
areas. The house will be slab on grade and will be 26 X 32.
1
•` Betsy Horne asked if they planned to blast in the area. Atty.
Keilty stated that they would not be blasting for the house
because they are constructing with a slab on grade.
Mr. Peck of 12 Freeman Road addressed the Commission and stated
that he felt that they would need to blast. Atty. Keilty stated
that anything in the way would be split, not blasted.
Ben Sylvanowicz of 13 Freeman Road addressed the Commission
and stated that his property is located across from the property
and noted that he is afraid that the realignment of the wetlands
would bring water to his property. He also noted that the sewer
does not drop to the city requirements of 71 feet and are only
5 feet.
Barbara Erps addressed the Commission and stated that she was
concerned that the large amounts of water would end up on her
property if the driveway goes in.
Chuck Puleo, of 5 Freeman Road addressed the Commission and
asked if the house was to be located in the wetland or the buffer
zone. Atty. Keilty stated that it is to be in the buffer zone.
Mr. Puleo asked if they had done any test pits to find out
the saturation point of the property. He also noted that he
had to replace a portion of the sewer pipe from his property
• and that the city still needs to replace a 30 foot section of
pipe up there.
Ralph Salvo addressed the Commission and stated that he thinks
that the water and sewer should go right up to the property
line.
Frank Salvo addressed the Commission and asked that they consider
' the whole street, and noted that they intend to ask the Planning
Board to have them extend the water and sewer lines.
Betsy Horne suggested that the Commission hold a site visit.
A Site visit was scheduled for October 31 , 1992 at 8:30 a.m.
A motion was made by Abby Burns to continue the Public Hearing
with consent of the applicant, seconded by George Ahmed and
approved unanimously.
OLD / NEW BUSINESS
38 CHARLES STREET
The Commission discussed lifting the cease and desist order
issued for 38 Charles Street. Richard Arms stated that the
legal answer to the question is that the applicant would be
• required to know if his property were located in a wetland or
not, no matter what the building inspector advised. He noted
2
I�
that the owner needs to comply with the present regulations.
•J Debbie Hurlburt noted that the property was purchased in March
of 1990 by the present owners, and that they do not know if
he filled in the property or not, or when the filling occurred.
Abby Burns expressed her concern that the building permit was
issued and asked how this could be prevented in the future.
Betsy Horne stated that the new wetlands maps should help the
problem.
George Ahmed stated that he wants a letter from Hugh Mulligan
stating his opinion of the land for the file.
Motion made by Abby Burns to lift the cease and desist order,
seconded by Fred Harney and approved unanimously. Betsy Horne
wanted it noted in the record that her yes vote was done under
duress.
Betsy Horne informed the Commission that she and Fred Harney
participated in a site visit to Ferris ' s Junk Yard with DEP.
They noted that the storage is right up to the resource edge,
and DEP should be issuing some sort of report.
Betsy Horne also informed the Commission that she met with Mr.
Mackey, Bill Luster, and Debbie Hurlburt, and Mr. Mackey is
•, considering selling a portion of his land to build a Nursing
Home or Elder Care facility, but he would retain 3 residential
lots if he does sell any of the property. A deal was supposedly
imminent so the Commission refrained from taking action at the
time.
Betsy Horne reported that the City Solicitor has ruled that
the city would need to have a home rule petition filed in order
to have Associate Commissioners.
Debbie Hurlburt informed the Commission that GTE would be
attending the December 10, meeting of the Commission.
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 Fred Harney and approved unanimously.
The meeting was adjourned at 9:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC102292
• 3
:r
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, NOVEMBER 12, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, November 12, 1992, at 7:00 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairwoman Betsy Horne, Abby Burns, Fred Harney,
Tom Walsh, George Ahmed, and Richard Arms. Bob Crowley was
absent. Also present were: Debbie Hurlburt, and Eileen Sacco,
Clerk.
CONTINUATION OF PUBLIC HEARING - 18 FREEMAN ROAD - NOTICE OF
INTENT
Betsy Horne noted for the record that the Commission held a
site visit at 18 Freeman Road. Abby Burns, Tom Walsh, and Betsy
Horne attended. Fred Harney and Richard Arms visited the site
on separate occasions.
Betsy Horne asked for comments and questions from the Commission.
Atty. John Keilty was present representing his clients the owners
of the property.
Abby Burns expressed her concern that there are some large trees
that are to be removed from the property for the construction.
She noted that she was concerned about erosion control and the
fact that they are old growth.
Atty. Keilty stated that they would like to keep the trees but
they would probably lose them in construction due to the location
in which they have to put the house. He stated that the house
could be moved a few feet but they are limited as to the location
of the house and they cannot guarantee that they would survive.
George Ahmed asked if they have plans to maintain the haybails
that they are installing around the resource area. He noted
that he would like to see safe guards against encroachment of
the wetlands. He also stated that he wanted to see iron markers
installed that would remain there as permanent markers. Paul
Sommer stated that they could delineate the edge of the resource
area and note on the deed that the area is marked. He also
state that the haybails would probably be maintained. He also
noted that if the project is properly stabilized that there
should be no need for erosion control.
Tom Walsh asked if the driveway would be paved. Atty. Keilty
stated that they would grade the driveway toward the resource
area. He also noted that they are not considering a catch basin
because of the slope of the driveway. Tom Walsh also asked
• if there were any plans to install a berm at that end of the
driveway Atty. Keilty stated that a preexisting change in grade
1
would not likely result in water problems on that end of the
•- road.
Fred Harney asked if the driveway would be hot top. Atty. Keilty
stated that they plan to pave it with hot top and that they
are extending the road to create a turn around, and the width
of the road would remain the same.
George Ahmed noted that the abutter Mrs. Erps expressed concern
that her property gets flooded during heavy rains. Paul Sommer
stated that if the pipe is maintained and the ditch area is
kept clean there should not be a problem. He noted that they
will not exacerbate her problem noting that there would be double
the capacity that is there now at a grade that will allow the
water to flow.
George Ahmed also noted that he was concerned about the use
of salt during the winter. Atty. Keilty stated that a no salt
condition would be appropriate.
Richard Arms asked if drainage calculations had been done.
Atty. Keilty stated that they have been done and describe where
the water runoff from the driveway would go. He also reviewed
the wetlands map and indicated the areas that they would be
working in. Richard Arms also expressed concern about the
elevation of the driveway and the effect on the Erps property.
The engineer, Chris Mello stated that the driveway is not going
to be built up, and it will be stripped down and will be the
same elevation that is there now. He stated that a swale would
be in the middle and explained the lower area where everything
pitches.
Betsy Horne asked if Mr. Archibald intends to live there. Atty.
Keilty stated that Mr. Archibalds son would be living there.
Betsy Horne questioned the Notice of Intent that was filed,
referring to part 3 page 3-4. Number 5 indicated that plan
A listed land subject to flooding. Atty. Keilty stated that
they wrote it that was to make the point about the compensatory
replication. He also noted that they have prepared an amended
page 5 to submit.
Betsy Horne stated that she would like to see a more detailed
plan for the driveway and the replication. Paul Sommer stated
that they would prepare one.
Betsy Horne also reviewed the language for the replication in
the NOI. She also asked what time of year the replication would
take place. Mr. Sommer stated that it would be in the spring.
Betsy Horne asked what the cost of the replication would be.
Mr. Sommer stated that it would be between $1 ,500-2,000, noting
that they are taking material from one place and placing it
•. directly to the replication area. He stated that if they
2
stockpile and dewater they would have to use a more hearty
material .
Betsy Horne asked if they would be blasting near any section
of the buffer zone. Paul Sommer that there would be no blasting
in the buffer zone. Atty. Keilty noted that they do need to
blast in order to bring in the utilities, but that there would
be no blasting for the house or the driveway. Chris Mello also
noted that any hard material would be chipped or split.
Ed Polchlopek of 12 Freeman Road noted that when the street
was built it was called 1008 ledge. He also noted that the
front of the driveway would be even with the Erps property.
Betsy Horne stated that the Conservation Commission cannot undo
past problems, but they want to make sure that the situation
does not get worse. She also noted that the rules and
regulations for wetlands allow for some encroachment.
Celia Polchlopek of 12 Freeman Road noted that nobody explained
the history of the pond and the area. She stated that it was
once only a brook, and the pond is there now because of the
construction of Witchcraft Heights .
Mr. Sylvanowicz of 13 Freeman Road described the ledge on his
property. He noted that he was concerned that the water will
follow the pattern of the ledge, and he doesn't want anymore
water problems .
Chuck Puleo of 5 Freeman Road questioned what they plan to do
with the remaining pile of fill that is expected from the
extension of the street for the turnaround. He suggested that
if they remove it all it would alleviate the drainage problem
from that side of the street.
Chris Mello stated that the stockpile would have to be taken
offsite. Betsy Horne asked for more detailed drawings of this
area.
Frank Salvo noted that he was concerned that if the road is
continued that the guide lines of the Conservation Commission
would prevent the future development. He also noted that he
feels that the owner has gone out of his way to address the
neighbors concerns .
Debbie Hurlburt asked if test borings had been done to find
the saturation point.
Mr. Sylvanowicz asked who would monitor the property if
additional plans are brought in. Betsy Horne stated that she
is considering requiring that a clerk of the works from the
planning department be on the project.
3
Betsy Horne suggested that the Commission keep the public hearing
open so that the applicant can provide the information that
was requested at this meeting. Atty. Keilty agreed and they
will provide the following information at the next meeting:
1 . Flags 9 and 10 will be replaced with iron pins to serve
as permanent markers.
2. Description of the location of markers 9 & 10 will be on
the deed.
3 . More detailed plans of the driveway will be provided.
4. They will slide the location of the house 4 or 5 feet.
5. Provide more detailed plans for the extension of Freeman
Road.
6. Show the proposed grade.
Motion made by Abby Burns to keep the public hearing opened,
until December 10, 1992 , seconded by George Ahmed and approve
unanimously.
OLD / NEW BUSINESS
•. Betsy Horne reported that they have heard nothing from Mr. Mackey
regarding the possible sale of his property. She wanted to
know if the members want to proceed with action against Mr.
Mackey for the violations that have been noted in the past.
Abby Burns suggested that the Commission wait. Fred Harney
agreed.
Betsy Horne reported that the City of Peabody have by laws which
allow for 7 members on the Conservation Commission and 2
alternates. She sent a letter to Kevin Daly and enclosed the
information from Peabody.
The Commission discussed the options available to the Commission
on the issue of replacing the wetlands maps. Debbie Hurlburt
explained the options which included buying infrared photos
and doing an overlay of the base map which would cost $1 ,500.00.
Betsy Horne suggested that they have Bill Luster submit the
request to the Mayor so that he can submit it to the City council
for approval.
Betsy Horne reported that she had spoken to Councillor Jane
Stirgwolt regarding the possible appointment of Steve Lovely
to the Board of Appeals . She noted that she is upset that he
could be appointed to serve on the Board of Appeal after ignoring
the violations that he had with the Conservation Commission.
The Commission discussed the matter, and decided that the members
• would contact the City Councillors to let their concerns be
4
known.
Debbie Hurlburt reported that she has been notified that the
DEP is not granting Joyce Salvo' s request to dismiss the appeal .
A letter from Stan Porier regarding the Salem Hospital Day Care
Center on Colby Street was read and filed.
A request for a Certificate of Compliance was presented for
the MBTA. Motion made by Abby Burns approve the Certificate
of Compliance, seconded by Fred Harney and approved unanimously.
The minutes of the meeting of October 22, 1992 were presented
for approval. The approval was postponed until December 10,
1992.
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 Fred Harney and approved unanimously.
The Meeting was adjourned at 9 :45 P.M:
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
•• CC111292
5
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, DECEMBER 10, 1992
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 10, 1992 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, George Ahmed,
Richard Arms, Tom Walsh, Bob Crowley and Abby Burns. Fred Harney
was absent.
CONTINUATION OF PUBLIC HEARING - GTE/SYLVANIA
Mark Bornstein and Paul Sanborn of GZA represented GTE/Sylvania
at the meeting. Mr. Borenstein noted that the first phase of
the state review should be completed by January 17, 1993. He
also stated that they may have another technical review that
could move the deadline another 90 days. Mr. Borenstein also
suggested that it may be useful to the Commission to meet after
the comments from the state are issued in either February or
March.
George Ahmed asked how much change the state could make to
•_ the reports. Mr. Borenstein stated that it is impossible to
predict, but they feel that they have responded to all concerns .
Hugh Mulligan asked if they needed a permit from NPDES for DEP.
Mr. Bornstein replied that they do not need one because the
outfalls will remain the same.
Abby Burns suggested that the Commission have another site visit
to familiarize new members with the area. Tom Walsh agreed
but suggested that the visit be after the comments from the
state have been received. George Ahmed stated that he would
like to see samples of the materials that they intend to use.
Ward Seven Councillor Mark Blair asked how close the closure
would come to the warehouse and expressed concerns that whoever
buys the property may be buying property that was built on a
land fill. Mr. Bornstein stated that test borings were done
and that no glass was found there.
_Betsy Horne suggested that the Commission set a date to continue
the public hearing. It was decided to meet again on March 25,
1993. Motion made by Abby Burns to continue the public hearing
to March 25, 1993, seconded by Richard Arms and approved
unanimously.
Hugh Mulligan will prepare his comments on the project and submit
them to the Commission to forward to GTE.
1
CONTINUED PUBLIC HEARING - 18 FREEMAN ROAD
Paul Sommer of Sommer Engineering addressed the Commission on
behalf of his client Mr. Archibald. He noted that they have
addressed the specific requests of the Commission discussed
at the last meeting. He also noted that Atty. Keilty had revised
the Notice of Intent and made the additions and correction
brought up by Betsy Horne at the last meeting and two copies
of it and the revised plans were filed with DEP.
Mr. Sommer reviewed the requests made by the Commission:
1 . Two iron pipes were set for flags on nine and ten for
and wetland dilineation and are noted on the plans.
2. He also stated that there is a description of the proposed
conservation Resource Area on the plan and identified
in purple.
3. The driveway is indicated as being paved on the plan.
4 . The location of the house has been slid out away from
the tree, and a notation is made indicating that the
tree should remain and all efforts to promote the growth
of the tree should be attempted.
5. A cross section of the replication area was provided.
Abby Burns asked if there was any room to pile snow should there
be any. Ben Sylvanowicz stated that the city plows the snow
and piles it at the end of the street. He also noted that
neighbors cut a trench in the snow towards the wetland.
Richard Arms asked what would keep the pipe from getting clogged.
Debbie Hurlburt asked if the culvert would have a grate on it.
Mr. Sommer stated that they have not planned for a grate but
that they could put a grate on it.
Frank Salvo suggested that if they extended the road beyond
the property it would help the snow pile situation.
Ben Sylvanowicz expressed his concern that the street would
have to be blasted for the water hook up. Mr. Sommer stated
that they indicated at previous meetings that there may be some
blasting required. Betsy Horne noted that a pre blast survey
would need to be done before blasting occurs.
Betsy Horne also asked if the Commission could have a cross
section of the driveway which would show the pitch of the
driveway towards the resource area. Paul Sommer stated that
2
he would like to see the public hearing closed at this meeting,
�- but he would be willing to have the Commission condition it
with him providing the cross section of the driveway.
George Ahmed questioned the elevations shown and noted that
the Erps elevation is 1 ,005. He suggested that he would like
to see another pipe installed. Mr. Sommer stated that they
are not changing the elevation.
Mr. Sylvanowicz suggested that the Commission visit the site
after a storm to see what it is like up there. He also noted
that the abutters want the name of someone to hold responsible
if any damage occurs from the project.
Motion made by Tom Walsh to close the public hearing on the
condition that Mr. Sommer provide the Commission with a cross
section of the driveway, prior to the next meeting, seconded
by Abby Burns and approved unanimously. Special Condition will
be prepared for review and approval at the next meeting of the
Commission on January 14, 1993, and drafts will be sent to
Commissioners prior to that meeting.
OLD / NEW BUSINESS
Debbie Hurlburt informed the Commission that there will be an
adjudicatory hearing on the Colby Street Day Care Center, as
the neighbors are appealing the superceding order of conditions
issued by DEP.
Betsy Horne noted that the Massachusetts Association of
Conservation Commission is holding their annual conference and
that she will be attending. Debbie Hurlburt will also attend.
All are welcome to attend.
Debbie Hurlburt informed the Commission that Andy Weinstein
had requested to move five piles of clean fill 100 ft. north
at 53 Mason Street. . Betsy Horne asked if he sent any written
documentation as to why he wants to move the piles. George
Ahmed stated that if it is clean fill it should be allright
to move it.
Debbie Hurlburt also informed the Commission that the Planning
Board will be holding a Public Hearing concerning the Colby
Street Daycare Center proposed by Salem Hospital on December
170 1992. She noted that they need a Comment sheet from the
Commission.
Debbie Hurlburt presented a letter from the MBTA requesting
a Certificate of Completion for the Railroad Station rehab work
that was performed. The letter had the stamp of the engineer
and was in order. Motion made by Tom Walsh to approve the
Certificate of Completion, seconded by Abby Burns and approved
unanimously.
3
Debbie Hurlburt stated that she would like to have a
representative from Fafard attend the next meeting to discuss
the extension of Order of conditions 64-153.
APPROVAL OF MINUTES
The minutes of the meetings of October 8, 1992 , October 22 ,
1992, and November 12, 1992 -were all presented for approval
and reviewed. Motion made by Abby Burns to approve the minutes
of those meetings as amended, seconded by Richard Arms 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 Tom Walsh and approved unanimously.
The meeting was adjourned at 9:15 P.M.
RESPECTFULLY SUBMITTED BY;
L IF op�l.
EIL EN M. SACCO, CLERK
CC121092
4