1993-CONSERVATION COMMISSION z Cons �m C
� immissim
• Salem. Massachusetts 01970
9�
Ff
SsDCNC'
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, January 14 , 1993 at 7 : 00
p.m. , One Salem Green, second floor conference room.
Betsy Horne
Chair
• TENTATIVE AGENDA:
1 . Discussion regarding Order of Conditions -
18 Freeman Road
2 . Discussion with Tri-City Sales
3 . Discussion regarding GTE/Sylvania
4 . Disc ss.ion with Re xes�en a �"�" ✓ /
I yy.� p �=i•'ive of Fafar=d,�for an Extension
`- ,O-rmit --Traders Way and First Street
16 Discus' sion�w.ith Atto.r-ney Siiregarding_Bertini
1- �cesolution
6 . Ratify Enforcement Order issued to Burnham Barge by j
City Planner , William Luster "I
7 . Old/'New Business
l:Z� 'V�Ri.LP,Q-
8 . Approval of Minutes �Sp�tr
-December 10 , 1992
• EX\DH\CCAGEN11493
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAY, JANUARY 14, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, January 14 , 1993 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, Abby Burns, Fred Harney, and Richard Arms . Also present
were Debbie Hurlburt and Eileen Sacco, Clerk. Absent was Bob
Crowley.
The meeting was called to order at 7:00 P.M. by the Chairwoman
Betsy Horne.
DISCUSSION REGARDING ORDER OF CONDITIONS FOR 18 FREEMAN ROAD
Atty. John Keilty was present at the meeting to discuss the
proposed special conditions for his client Mr. Archibald, for
property located at 18 Freeman Road.
Betsy Horne reviewed the special conditions with the Commission
and Atty. Keilty. Each special condition was discussed and
additions or corrections were made.
• The Commission discussed the height of the permanent iron
markers to be placed at flags 10, 9, 8A, 2 , 2A, 1 , and 1A.
It was decided that they should be 3 feet high so that they
would be visually above the high water mark. Atty. Keilty also
stated that he would record the plan with the deed, noting the
markers and the necessity for them.
Atty. Keilty clarified that a portion of the bond to be posted
would be used to hire a consultant to review the replication
area, and had no objection to .that.
There being no further questions or comments on the proposed
conditions, a motion was made by Abby Burns to approve the Order
of Conditions with 25 Special Conditions, seconded by Fred Harney
and approved unanimously.
DISCUSSION WITH MR. DAVID COHEN OF TRI-CITY SALES
Fred Harney recused himself from discussion of this matter.
Mr. David Cohen attended the meeting to update the Commission
on his progress regarding his property on Highland Avenue.
He stated that he had walked the property with Mr. Tremblay
(Building Inspector and he was told that he could put up a fence
that could be no Pigher than 4 feet. He stated that he plans
to enclose all of his property and has already begun to get
• bids for the fence. He expects the fence to be up in 2 or 3
1
weeks..
• Councillor Leonard O'Leary addressed the Co " fission and noted
that Mr. Cohen ' s tenant, Lane Chase has mu and dirt on the
property that needs to be removed. Mr. C hen noted that he
has spent thousands of dollars trying t( ct Mr. Chase from
his property, and that Mr. Chase has rec ntly filed bankruptcy.
Councillor O'Leary also noted that Mr. I 'goes down Marlboro
Road and enters the property through Vikona Street. He also
showed photographs of the area.
Betsy Horne reviewed the order of conditions that the Commission
issued in July 1991 . afhe stated that she felt that a four foot
fence would not do wh the Commission intended. She noted
that the Commission specified a 6 foot chain link fence and
because the area is on an entrance corridor, the zoning ordinance
only allows a 4 foot wood stockade fence.
Debbie Hurlburt will check to see if a 6 foot fence could be
installed on the sides of the property that do not face Highland
Ave. , and install the 4 foot fence along Highland Avenue.
Betsy Horne also informed Mr. Cohen that the Commission wants
the debris cleaned up and moved before the fence is installed.
The Planning Department will send someone up there to see that
it has been cleaned up.
• Debbie Hurlburt will notify Mr. Cohen about the fence
specifications.
GTE SYLVANIA DISCUSSION
Debbie Hurlburt informed the Commission that the Planning
Department has received a letter from Gulf of Maine Research
Inc. , concerning their recommendations for the GTE Property.
She noted that she and City Planner Bill Luster had gone through
the report and prepared a memo for the Commission. She asked
that the Commission review the letter from Gulf of Maine, and
the memo from Bill Luster, and it can be discussed at the next
meeting.
RATIFY THE ENFORCEMENT ORDER ISSUED TO BURNHAM ASSOCIATES
George Ahmed recused himself from discussion of this matter.
Debbie Hurlburt explained the circumstances involving the
Enforcement Order issued the Burnham Associates on December
16, 1992. She stated that she observed the movement of debris
with a large crane, in the North River which is considered within
a resource area. She presented correspondence between Mr.
Burnham and the City.
Betsy Horne suggested that Mr. Burnham attend the next meeting
• to discuss the matter.
2
=r
• Motion made by Abby Burns to ratify the enforcement order issued
on December 16, 1992, seconded by Tom Walsh and approved
unanimously.
OLD/NEW BUSINESS
Betsy Horne informed the Commission that she has sent a letter
of congratulations to Councillor Kevin Harvey on hiappointment
as Chairman of the City Council Committee on Natural Resources .
Debbie Hurlburt reported that she has received the assessment
on the Ferris Junk Yard and it is encroaching on 27,000 feet
of Furlong Park. She also stated that some years ago, the owner
went to the Planning Board for a Form A, and it was discovered
that the land that he wanted approved was city owned land and
the request was denied.
Debbie Hurlburt reported that the maps have been ordered, and
should arrive in 2 or 3 weeks.
CERTIFICATE OF COMPLIANCE MARK PETIT - MARCH STREET COURT
George Ahmed recused himself from discussion of this matter.
Mark Petit attended the meeting to request a Certificate of
• Compliance for his property located at 5 March Street Court.
The property was built 4 years ago with an Order of Conditions
and he never go-ta Certificate of Compliance, and needs to do
so now to obtain financing.
Debbie Hurlburt stated that she has a faxed letter from the
engineer and suggested that the Commission could approve the
Certificate and she would hold it until the original is received.
Motion made by Tom Walsh to approve the Certificate of Compliance
for 5 March Street Court, seconded by Abby Burns and approved
unanimously.
CERTIFICATE OF COMPLIANCE MBIA
Debbie Hurlburt reported that she has a request from the MBTA
for a Certificate of Compliance for signal work done at the
Salem/Beverly Bridge. Motion made by George Ahmed to approve
the Certificate of Compliance, seconded by Tom Walsh and approved
unanimously.
Debbie Hurlburt reported that Councillor Mark Blair reported
that there is dumping going on at Monroe and Taft Roads . She
stated that she investigated and found bags of trash that were
thrown along the fence, on GTE ' s property. Debbie will contact
GTE and inform them of the matter.
•
3
j
APPROVAL OF MINUTES
• The minutes of the meeting of December 10, 1992 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of December 10, 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 Abby Burns and approved unanimously.
The meeting was adjourned at 9 : 10 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC011493
•
• 4
`.�koN CO.If
C { Gmserv"atilm CommiS51m
J
Salem. Massachusetts 01970
d�afassncNL-
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, January 28 , 1993 at 7 : 00
p.m. , One Salem Green, second floor conference room `
Bet�Hor e�/41"
Chair
• TENTATIVE AGENDA:
1 . Discussion with Representative of Fafard for an Extension
Permit - Traders Way and First Street
2 . Discussion with Attorney- Serafini regarding Bertini
resolutionp Gqk-kl:"*3p V•h0�� �WL�C - ��61Stuq iµ Cakl~ 6(vJ w
9i1 o 6ti�g..� .tG) - 2c- w Lrr 3 S le�lLrw SC
3 . Discussion regarding GTE/Sylvania memo from City Planner
William Luster
4 . Old/New Business l.ij(L,?j
I
5 . Approval of Minutes
-January 14 , 1993
EX\DtiVCC12893
•
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAY, JANUARY 28, 1993
A Regular meeting of the Salem Conservation Commission was held
on Thursday, January 28, .1993, at 7: 00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Fred
Harney, Abby Burns, Bob Crowley, and George Ahmed. Richard
Arms was absent. Also present were: Debbie Hurlburt and Eileen
Sacco, Clerk.
DISCUSSION REGARDING GTE/SYLVANIA MEMO FROM CITY PLANNER WILLIAM
LUSTER
Debbie Hurlburt explained -'-a at the last meeting she
distributed the report fro Dr. Mulligan of Gulf of Maine
Research Inc. , as well as recommendations from City Planner
William Luster regarding the GTE/Sylvania property. The
recommendations from Bill Luster were the result of his review
of the report from Gulf of Maine. Debbie noted that the
Commission has the option of requiring GTE to remove the glass,
see i .
• ^etsy Horne clarif ' d that while the Commission is sending the
concerns to GTE/G A, she wants it noted that the items requesting
more information docs not close the door to other issues that
may come up.
George Ahmed noted that he thought it will be hard to make GTE
remove the glass . He also expressed his concern that people
are forgetting that there is a wetland there, and that there
may he more areas that were filled that could be pulled back.
Debbie will send the recommendations to GTE with a letter noting
that there may be more questions from the Commission in the
future.
DISCUSSION WITH REPRESENTATIVES OF FAFARD FOR AN EXTENSION PERMIT
�hta �(}Cf 71h Q�t i IUIM
Jim McLaughlin was present at the meeting, on ehalf of fard
Companies, requesting an Extension of He explained ��b11C15
that they received a permit to do work off First Street within
100 feet of a wetland. He explained the location of the area
on the plan and identified the resource area. He stated that
the work includes the construction of a head wall at the end ll
of the wetland with a pipe and a new 30 inch drain.
Abby Burns asked if they had made provisions for the use of
salt and oil and grease in the area since it i4s a large area.
• Mr. McLaughlin stated that he did not know f r sure, but he
1 a�kAh
would research the matter, since he was not employed with the
• company when the plan was approved.
Tom Walsh asked what kind of site work would be done. Mr.
Mclaughlin stated that they will be drilling and blasting,
excavate the ledge, construct the head wall, and will be placing
hay bales around the site to prevent silt erosion. He also
noted that they intend to make the site one continuous piece
of land, and bring it to grade level with First Street.
Abby Burns asked how deep the wetland was . Mr. Mclaughlin stated
that it drops 8-10 feet off the sides of the bank to the ditch
area. He also noted that they need to do a fair amount of
blasting. Abby Burns suggested that the Commission visit the
site.
Tom Walsh asked where the water gees from the wetland. It was
noted the water goes through park land and into Thompsons Meadow.
George Ahmed questioned the size of the pipe and why it was
30 inches. He also asked �f there was any cover at the end
of the pipe to prevent animals or children from getting into
it. Mr. McLaughlin stated that they reviewed work that had
been done in the area, and matched the pipe to the one that
it will be meeting down stream. He also stated that there are
no plans for a cover for the end of the pipe.
• Chris Burke of Salem, addressed the Commission and stated that
the area down stream is a sensitive area that drains into a
nice swamp. He asked if the work would have an effect on water
quality. Mr. McLaughlin stated that it should have no effect.
The Commission decided to hold a site visit on Wednesday,
February 3 , 1993 , at 9 : 00 a.m.
OLD / NEW BUSINESS
Tri-City Sales - Debbie Hurlburt reported that she talked with
the Building Inspector and he said that the height requirement
of the stockade fence could be waived, but that chain link is
not allowed. She stated that Mr. Cohen needs to talk to the
Building Inspector. She also noted that they need to look at
the flooding down stream.
Burnham Associates - George Ahmed recused himself from discussion
of this matter. Debbie reported that she sent Burnham Associates
a letter informing them of the jurisdiction of the Commission,
noting that if they do not agree with this , they should contact
the City Solicitor.
Salem Hospital - Betsy Horne stated that she received a call
from Councillor Lenny O'Leary concerning the retention area
• in front of the Medical Office building at Salem Hospital.
2
• (Formerly the Salem Hospital School of Nursing. ) She stated
that Councillor O'Leary is concerned that the retention area
is causing the storm drain down stream on Jackson Street to
flood.
Atty. John Serafini was present at the meeting with
representatives of Salem Hospital. He addressed the Commission
and stated that the hospital had removed the tennis courts to
provide additional parking, and were to tie the retention area
into the city storm drain. He noted that a year ago they did
install the pipe fr the retention area to the city storm drain.
However, when the wok was started, the drain was not installed
because of the elevation, and there is presently nothing holding
the water back, which is causing the flooding. They had proposed
a v notch made of concrete with a catch basin and grate on top.
He noted that they are proposing a new drain that is more
appropriate. He stated that the new drain is a perforated pipe
that is surrounded with crushed stone, which can be installed
in a matter of days . He also noted that they had reviewed it
with Stan Bigelow and that he had no problem with it.
George Ahmed stated that he felt that it was an insignificant
change and that the Commission should approved it without them
having to refile.
• Motion made by George Ahmed that the change in the drain to
be connected to the city storm Crain from the retention area
at Salem Hospital is insignificant, seconded by Abby Burns and
approved unanimously
Bertini Discussion - Atty. John Serafini informed the Commission
that a final agreement with the Bertini ' s and the Pelletier ' s
has been reached. Debbie Hurlburt stated that she has spoken
. to Atty. Smerczynski and that she is comfortable with the
agreement. She also noted that they should be starting work
in the spring.
Motion made by George Ahmed to lift the enforcement order issued
to the Bertini ' s, seconded by Abby Burns and approved
unanimously.
Motion made by George Ahmed to extend the permit for the
Bertini ' s to September 24 , 1994 , seconded by Abby Burns and
approved unanimously.
Atty. Serafini will keep the agreement on file and when they
come to the Commission for a Certificate of Compliance he will
address the issues to see that they have be complied with.
Emmerton Property - George Ahmed asked about the status of the
Emmerton Property located at the end of Story Street. He
• recalled that they were talking about giving it to the city,
and that the city was supposed to be investigating the need
3
• to clean up the property. Betsy Horne will check with the Mayors
office on the matter.
Rosie ' s Pond - George Ahmed also suggested that the Commission
approach the Bertini ' s to turn Rosie ' s Pond over to the City.
Greenlawn Cemetery - Debbie Hurlburt informed the Board that
Richard Rennard contacted her and that the Biologist for the
clean up of the pond has recommended that they use Aquazine
rather than the Copper Sulfate originally proposed, due to
significant growth that needs to be controlled. He is requesting
that the Commission approve the change. Abby Burns will research
the difference between the two and report to the Commission.
SESD - Betsy Horne reported that she reviewed the report from
i John Darling on Haste Rock and did not come across anything
of concern.
Winter Island - Debbie Hurlburt noted that she had seen an ad
for work to be performed at Winter Island, for repairs that
are needed from the December storm. She said that she contacted
Gary Moore and he will have the contractor come to the Commission
for permits before the work starts .
Cold Springs - George Ahmed noted that Councillor Sally Hayes
has requested that Cold Springs, located near Kernwood, be
• investigated as a possible water source.
APPROVAL OF MINUTES
The minutes of the meeting of January 14 , 1993 were presented
for approval . Motion made by Abby Burns to approve the minutes
of the meeting of January 14 , 1993 as amended, 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 Abby Burns to adjourn
the meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 8 :45 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC012893
• 4
\UY COl!
z Conservatim Commissi al
• Salem. Massachusetts 01970
1�.t/ASSAr��
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, February 11 , 1993 at
7 : 00 p.m. , One Salem Green, second floor conference room.
Betsy Horne
Chair
TENTATIVE AGENDA:
• 1 . Old/New Business
-Extension Permit - First Street and Traders Way
Fafard, DEP File #64-153
-Update on 12R March Street - Mark Petit
-Update on retaining area adjacent to Salem Hospital DEP# 64-
189
-Burnham Barge
-Waterways Application No. W92-1570
Applicant : Paul O' Shea - 15 Winter Island Road
-Notice of Mandatory Mediation Screening for Salem Hospital
Day Care Facility - DEP File #64-202
-TE past meetings outstanding issues p
1h ,C111.X , wcKaLLJ toP-s
2 . Approval bf Minutes >
January 28 , 1993
• EX\DH' hl ,9�
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 11 , 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 11 , 1993 , at 7 : 00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Abby
Burns, Bob Crowley, Fred Harney, Richard Arms, and George Ahmed
( 7 :20 ) . Also present were Debbie Hurlburt and Eileen Sacco,
Clerk.
EXTENSION PERMIT - FIRST STREET AND TRADERS WAY - FAFARD - DEP
FILE NO. 64-153
Jim McLaughl '�—representing the Fafard Company, addressed the
Commissio to address questions and comments regarding the site
visit hel to the property.
ixt
Betsy Horn cls ified that future work on this site other than
that for which�is now permitted would require the filing of
another plan.
Abby Burns questioned whether a stream on the property was
• viable. Mr. McLaughlin stated that it dries up.
Tom Walsh asked if the Commission could do anything to monitor
the quality of the water that ends up in Thompsons Meadow.
Betsy Horne noted that she would like the Commission to address
that.
Debbie Hurlburt noted that there is a parcel that is about 24 ,000
s . f. left in the PUD that is still to be developed. Mr.
McLaughlin stated that Fafard had plans to develop it for retail
use , and he assumed that the Bank that now owns the parcel,
would likely do the same.
Betsy Horne asked how much blasting would be done for the
project. Mr. McLaughlin stated that they would probably be
drilling in 12 foot patterns, and would drill 3 holes across
for every 4 feet. He also noted that there is not much in that
area that does not have to be blasted.
George Ahmed asked if the 125 feet of pipe to be installed was
on the original plan. Mr. McLaughlin stated that the plan is
the same and nothing has changed.
Fred Harney asked how many extensions they have been granted.
Mr . McLaughlin stated that he believed that two have already
• been granted.
1
George Ahmed asked how long of an extension they were looking
• for. Mr. McLaughlin stated that they were hoping for two years
but one year would be good.
Fred Harney asked when the project would be done. Mr. McLaughlin
stated that they would not start until they had a firm handle
on a tenant, and that would not be for at least six months.
He also noted that the construction should only take about 2
weeks .
Motion made by George Ahmed to grant a one year extension for
the Order of Conditions #64-153 for the Fafard Companies, for
property located on First Street and Traders Way, seconded by
Abby Burns and approved 6-1 with Richard Arms recusing himself.
UPDATE ON 12R MARCH STREET - MARK PETIT
George Ahmed recused himself from discussion of this matter.
Debbie Hurlburt reported that Mr. Petit needs to submit as built
plans of the house. She noted that she found that the plan
called for two houses and that one house was built on a different
angle from the plan. She will inform the Commission as it
progresses.
UPDATE ON RETAINING AREA ADJACENT TO SALEM HOSPITAL - DEP 64-
189
Debbie Hurlburt reported that Will Beaulieu checked the WIC
drain that was installed at the retaining area and that it is
fine.
BURNHAM BARGE
Debbie Hurlburt reported that the last letter sent to Mr. Burnham
was regarding his interpretation of what he can do on the
property. She reported that the city is going to court next
week to have the barge removed from the North River.
WATERWAYS APPLICATION NO. W92-1570 - APPLICANT: PAUL O ' SHEA
15 WINTER ISLAND ROAD
Debbie Hurlburt reported that Chapter 91 allows people/w o have
had piers or seawalls for the last 20 years but have licens(Eag—
for them to apply for an amnesty license that would allow them
to keep it. She noted that Mr. Paul O 'Shea of 15 Winter Island
Road has applied for the amnesty license. Betsy Horne suggested
sending Will Beaulieu out to check it out before the Commission
approves the application.
• 2
NOTICE OF MANDATORY MEDIATION SCREENING FOR SALEM HOSPITAL DAY
• CARE FACILITY - DEP FILE # 64-202
Debbie Hurlburt explained that mediation has to be agreed to
by all parties
wIf they do not go into mediation then
an adjudicatory hearing which could take up to two years to
occur.
GTE PAST MEETINGS OUTSTANDING ISSUES
Debbie Hurlburt reported that she prepared a list of issues
for review. Tom Wal expre sed his concern that the area is
a mess and that th longeai akes to get on with the project
the area not being e p.
TRI-CITY SALES
Debbie Hurlburt reported that Mr. Cohen will clean up the area
and put up the fence. He will call her when the work is
completed.
GREENLAWN CEMETERY
Abby Burns reported that she is still researching aquazine.
• She stated that she called Mass . Audubon and talked to the
biologist, but she needed more information on the size of the
pond. She noted that the biologist seemed a little concerned.
Abby reported that aquazine does have an effect on fish and
could be harmful to dogs if they drink the water. She will
have an answer by the next meeting.
HOWLEY STREET PROPERTY - SALEM/PEABODY LINE
Betsy Horne reported that she has been reading about the progress
of the development of this property in the papers , and it seems
a deal is close to being made for Stop and Shop to build there.
She suggested that she would like to see if something could
be done to clean up the North River on the Salem side, as they
are trying to do in Peabody.
INFORMAL REQUEST FOR DETERMINATION - 230 HIGHLAND AVENUE
Debbie Hurlburt reported that she received a letter from Gulf
of Maine stating that the property is not a protectable wetland
or in a buffer zone. Debbie noted that she disagrees , and that
they should file for a determination. Betsy Horne suggested
that they should file.
• 3
I
• OTHER BUSINESS
• George Ahmed reported to the Commission that this will be his
last meeting with the Commission, as the Mayor has appointed
him to the Board of Appeal . He noted that the City Council
approved his appointment this evening. George thanked the
Commission and noted that while at the Board of Appeal he will
be mindful of Conservation issues if the arise.
APPROVAL OF MINUTES
The minutes of the meeting of January 28, 1993 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of January 28, 1993, 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 Fred Harney and approved unanimously.
The meeting was adjourned at 8 : 30 P.M.
RESPECTFULLY SUBMITTED BY:
• EILEEN M. SACCO, CLERK
CCO21193
• 4
CITY OF SALEM '
CONSERVATION COMMISSION
REQUEST FOR
DETERMINATION OF APPLICABILITY
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 Mr.Joseph A.Finocchio.The applicant
is seeking a Request to determine if the property '
located at 230 Highland Avenue (Assessors Map -
8,Lot 120)has the potential for construction and
operation of a commercial business.The Request
will be heard on Thursday, February 25, 1993 at
7:00 p.m., One Salem Green, Second Floor Con-
ference Room.
BETSY HORNE, Chair
February 18, 1993 SN85031
CITY OF SALEM
CONSERVATION COMMISSION
REQUEST FOR
DETERMINATION OF APPLICABILITY
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 Stephen F.Coady.The proposed work,
located at IA Parallel Street,consists of erecting
a fence within the Buffer Zone. The Request will
be heard on Thursday, February 25, 1993 at 7:00
p.m.,One Salem Green,Second Floor Conference
Room.
BETSY HORNE, Chair
February 18, 1993 SN85032
Hl AVUNOW sunOH 3HO1S
3HIS H31S0J L'9
' 7
•
,
III
Conservatim Commissim
Salem. Massachusetts 01970
yASSPCN�'
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, February 125, 1993 at
7 : 00 p.m. , One Salem Green, second floor conference room.
Lb
Betsy Horne
Chair
• TENTATIVE AGENDA:
1 . Determination of Applicability - 1A Parallel Street, Stephen
Coady
2 . Determination of Applicability - 230 Highland Avenue, Joseph
Finocchio
3 . Certificate of Compliance - Salem Hospital Detention Basin
DEP File #64-198
4 . Old/New Business
5 . Approval of Minutes
-February 11 , 1993
EX\DH\022593
•
SALT741 CO'TSERVATIOJT COr-TT"ISSIOCT
• 4INUTES OF MEETING
THURSDAY, FPBRUARY 25, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 25, 1993 at 7 :00 P.i'., in the second floor
conference room at One Salem Green.
Those present dere: Chairwoman Betsy Horne, Richard Arms, Abby
.turns, Fred Harney, and Tom 'Ialsh ( 3:00 P.M. ) . Also present
were Conservation Administrator, Debbie Hurlburt, and Eileen
Sacco, Clerk.
The meeting was called to order at 7 :00 P.M. by the Chairwoman,
''etsy Horne.
>etsv 'borne noted that since the parties involved in the first
agenda item had not arrived _vet, the Commission could discuss
old business and approve the minutes while waitincq.
Abby :-.urns informed the Commission of some of the plans of the
Salem -Ial':ways Committee. She described some of their .glans
for walk ways and noted that they are starting with the McIntire
District, and the Forest River Conservation Area. She noted
that some signage would be put up, and explained the locations .
• Debbie Tiurlburt informed the Commission that she had received
a letter from Assistant City Solicitor Leonard Femino, in which
he. enclosed a case that was recently decided, regarding the
statute of limitations on violations . She gave each member
a copy of the case for their information. 7,DletSy '_orne noted
that she would li -e to get further information on the issue
and see if some of the violations that the Commission felt were
out of time may be pursued.
rr-i..+i p;tTPt. mT P iJP?� a TY - '�/ �: T�iL :ii �T - :iTi: TIT T ..
D. . _ . _.A_ O'id O. A ICAT3I: I 1 A_ , E
TOADY
CTr. Stephen Coadv addressed the Commission and requested a
Determination of Applicability for the installation of a fence
in the buffer zone at 1A Parallel Street. Debbie TTurlburt noted
that on December 12, 1991 , Mr. Coady was before the Commission
for a Request for Determination of Applicability for the
installation of a stockade fence to abut his pronerty. She
noted that "r. Coadv recently purchased an adjacent lot ( 2A)
and he would now like to install a new fence that would surround
his new property line.
T3etsv Horne asked what '.rind of fence "Tr. Coady planned to
install, noting that it was not indicated on the plan. '1r.
Coady explained that he plans to install a cedar fence to the
• 104 foot mark on the plan and at that point it will change to
chain link .
1
Mr. Coady also asked the Commission to allow him to paint or
• stain the fence. ^red Harney stated that he had no objection
to staining the fence, and Preferred that no Paint be used.
There being no further questions or comments from those present,
a motion was made by Fred Harney for a Negative Determination
with special conditions, seconded by Abbv ^urns and approved
unanimously.
OLD/I4EW BUSINESS
Debbie Hurlburt informed the Commission that she received a
call from the gentleman who is doing the archaeological dig
at Derby Tharf and he has a couple of changes from the original
notice of intent regarding the head wall. She stated that she
told him to come to the net meeting of the ('ofamission to present
the changes.
Debbie Hurlburt reviewed three let ers that he Pad received
from thei`assachusetts Highwav De rtment. ^he letters were
copies that were sent to David Co' en regarding the installation
of jersey barriers , Lane Chase re,arding an incident that took
Place with the Highwav Denartmen , and Salem Hospital regarding
the Dav Care Center drainage analysis.
T3etsy I'_orne addressed the Commission and stated that she is
• concerned that 'Ir. Cohen has not yet proceeded with his plans
to clean up his *property and install the fence as Promised.
She read a letter that she wrote to Mr. Cohen which outlines
specific dates to have the work completed.
, ; L.,n T1?A^_ION OF APPLICABILI^" - 230 TiIGTTAND AVENT37 - 7OSi'PH
FI"OCC"10 �rec Iarnev recused himself from discussion of this
matter.
.ar'.: Sherfee of gulf of "'nine research Conter addressed the
Commission to explain the request of their client ","r. Joseph
"inocchio, seeking a 'Tegative Determination for the property,
r,hich his client intends to market as a lot -.with the potential
for construction and operation of a commercial business .
'9r. Sherfee described the lot as being an acre and a half, and
that their observations conclude that there is a drainage culvert
I
rom under Highland Avenue and no other drainage coming from
un stream. TIe described the topography as steep. He also noted
that they found nothing in the topographv or flood insurance
maps that indicate that the property is in the jurisdiction
of the Commission. T?e also noted that he is aware that the
Citv of Salem wetlands maps shoe; the property as being wetlands,
but stressed that he had completed his assessment before they
knew that the City maps indicate a wetland.
• Debbie Hurlburt reviewed the City wetlands maps ;with the
2
Commission and e::plained the areas that indicate there is a
. Wetland there. -4r. Sherfee stated that their observations
conclude that there is nothing significant enough there to
be considered a land subject to flooding.
Betsy Horne suggested that the Commission have a site visit,
and suggested continuing the public hearing until the next
meeting of the Commission on _'arch 11 , 1993. The Commission
will visit the site on Saturday, "iarch 6, 1993 at 9 :00 a.m.
'lotion made by Abby ^urns to continue the public hearing to
March 11 , 1993 , seconded by Tom Walsh and apnroved unanimously.
CERTIFICATE OF COMPLIANCE FOR SALE" HOSPITAL DETENTION P_,ASIT.T,
DEP FILE ;,'64-198 Fred Ilarnev also recused himself from this
*utter.
Debbie Iiurlburt reported that Salem Hospital has completed the
installation of the weir control structure on the train installed 1'
to tie into the city storm drain. She stated that '.'ill 7eaulieu (70 )
has been to inspect the new control structure and it is as 1
functional as the original design specifications. She also
noted that at the request of ',kill Beaulieu they installed a
screen in front of the structure. She also presented a letter
from the engineer for the project, certifying that the work
was done according to plan.
• "lotion made by ^ichard Arms to approve the Certificate of
Compliance, seconded by Abby 'turns and approved unanimously.
Abby •',urns renorted icer findings on her investigation of Acuazine
which the Greenlawn Cemetery is requesting to use in the pond.
She noted that according to the biologist at (lass . T:udubon it
build up and could affect the ground dater. She suggested that
they should come in and discuss the -tatter with the Commission.
p,pnnOVAi, OF MI7.17J=S
The minutes of the meeting of February 11 , 1993 were presented
for approval . :lotion made by Abby Burns to approve the minutes
of the meeting of February 11 , 1993 as amended, seconded by
Richard Arms and approved unanimouslv.
There being no further business to come before the Commission
at this meeting, a motion was Stade :'by Abby Turns to adjourn
the meeting, seconded by Fred Barney and anproved unanimouslv.
The meeting was adjourned at 5:45
=PPCTFULLY SUBPITTED PY:
• EILEE17 M. SACCO, CLERIC
CCO22593
3
`.��oN Cp11
y
W ° COI]Sel'Vd YM Commission
Salem. Massachusetts 01970
' ASS
CONSERVATION cOmmissLON
NOTICE OF MEETING
t�.0 are hereby notified tt,ac [A,. - S.icw Conservation Commission
will. hcid its regular meeting on Phu. aaay , March 11 , 1993 at 7 : 00
p.m. , one Salem Green, second fi-, ,i :;,nrerence room.
�q�(Ur7,01.tj
Betsy Horne
Chair
• TENTATIVE AGENDA:
1 . Continuation of Public _. : .., ror Determination of
Applicability - 230 Hignla, ,_;
2 . Nccice of Intent. - SESU ect , .. - ,ttaij at Great Haste Rock .
3 . )ia/New Busina_s
4 . Spproval of Minutes
ex/dh c31193
•
a
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MARCH 11 , 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 11 , 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Richard Arms, Abby Burns, Bob Crowley,
and Tom Walsh. Also present were Conservation Administrator
Debbie Hurlburt, and Eileen Sacco, Clerk. Betsy Horne and Fred
Harney were absent.
In the absence of Chairwoman Betsy Horne, Richard Arms assumed
the Chair.
CONTINUATION OF PUBIC HEARING FOR DETERMINATION OF APPLICABILITY-
230 HIGHLAND AVENUE
Richard Arms noted that the Commission held a site visit at
230 Highland Avenue and requested that the applicant allow the
Commission to Continue the public hearing to a future date.
He stated that it was difficult to determine the resource area
because of the snow cover. Mark Sherfy of Gulf of Maine Research
• Inc. was at the meeting representing his client, Mr. Joseph
Finnocchio, the owner of the property. * informed the
Commission that they had no problem extending the public hearing,
to allow the Commission to see the property under other
conditions .
Motion made by Tom Walsh to continue the Public Hearing for
the Determination of Applicability for 230 Highland Avenue,
to April 22 , 1993, seconded by Abby Burns, and approved
unanimously.
Mr. Sherfy gave the Commission a letter, agreeing to the
Continuation for the files. The Commission will hold a site
visit before the April 22 , 1993 meeting.
NOTICE OF INTENT - SESD OUTFALL DIFFUSER CONSTRUCTION
Atty. John Darling of Serafini, Serafini, and Darling addressed
the Commission on behalf of his clients the SESD. Also present
at the meeting were: Raymond Masak, Project Coordinator SESD,
Bernadette Kolb, Project Manager for Camp, Dresser and McKee,
William Kehoe from Camp, Dresser and McKee, and Dr. Hugh Mulligan
from Gulf of Maine Research Inc.
Atty. Darling explained that the applicant is proposing to
construct a 660 foot multi-pore outfall diffuser in the resource
• area land under the ocean at Haste Rock.
1
I '
Bill Kehoe, project Engineer for Camp, Dresser and McKee,
addressed the Commission and explained that the existing outfall
is buried and this diffuser will extend it above the ground.
He noted that studies that have been done indicate that there
is a general improvement in the water quality in Salem sound.
He credited upgrading of treatment practices and the cessation
of the dumping of sludge into the water as the reasons for the
improved water quality.
Mr. Kehoe reviewed the plan with the Commission and described
the Construction that will take place. He noted that the
diffuser will begin at the terminus of the existing treated
sewerage outfall and will extend 660 feet in a northeasterly
direction, and will consist of a 54 inch diameter pipe that
will rest on the ocean floor. He also noted that they will
need to remove an existing precast concrete trough. He also
explained that they will be replacing soft surface sediments
by plowing which will push aside the surface sediments that
are unsuitable substrate for supporting the pipe, and placing
a protective layer of ballast stone and armor rock around the
pipe to protect it from wave force. Mr. Kehoe also noted that
this construction method has the least amount of impact to the
environment possible and preferred standards will be met.
Mr. Kehoe also noted that water circulation is not expected
• to be altered, nor is the water quality expected to be affected.
Abby Burns expressed an interest in the armor mat that is
proposed and the installation of it. Mr. Kehoe stated that
the mat is lowered into the ocean and placed by divers.
Tom Walsh asked if the diffuser would require any maintenance.
Mr. Kehoe replied that it is designed to be maintenance free.
Richard Arms questioned the analysis of habitat. Bernadette
Kolb stated that it showed to be minimal. Mr. Arms also asked
how the trough would be removed. Ms. Kolb stated that they
would probably use a crane.
Richard Arms also asked if there was a particular time of year
in which the construction could be done that would lessen the
impact to spawning. Atty. Darling stated that Marine Fisheries
restricts construction from February to June 1 as a general
rule, but that they may authorize otherwise as they see fit.
He also noted that they would like to start in June, and the
summer time is preferred since the waves are reduced and that
would reduce the impact.
Richard Arms asked what aquatic life would be most affected.
Mr. Kehoe stated that polychaetes would be most affected.
• Debbie Hurlburt asked to have the connection of pipes underground
and above ground explained. Bernadette Kolb explained the plan
2
• and described the connection ofhe pipes as a series of pipe
fittings called bends that will like the diffuser.
Abby Burns asked how long the pipe connection would take.
Bernadette Kolb stated that they will be coordinating the effort
so that the pipes will be prefitted on land and brought out
to the barge, so that they can stop discharge for 12 hours .
Debbie Hurlburt asked where the barge would be fueled and ;^ � ��
refueled. Ms. Kolb stated that the barge will have a staging aflA l
and that may not even be in Salem, as it would be up to the
contractor.
Richard Arms asked if this was a final design. Atty. Darling
stated that this design is 30% but noted that the impact on
the area will not change with final design.
Debbie Hurlburt asked if the water quality would be tested.
Ms. Kolb stated that the permit requires that the water be tested
at the treatment plant, not at the diffuser.
Tom Walsh asked if they still have a target date of 1997. Atty.
Darling stated that they are still required to be online by
August of 1997, but the federal government is looking for a
more aggressive schedule.
There being no further questions or comments from those present,
a motion was made by Abby Burns to close the Public Hearing,
seconded by Bob Crowley and approved unanimously.
Richard Arms informed those present that the Commission would
draft a set of conditions for the next meeting on March 25,
1993 and forward a copy to Atty. Darling prior to that meeting.
OLD / NEW BUSINESS
Debbie Hurlburt informed the Commission that Atty. Harvey Berg
responded to Betsy' s letter to Mr. Cohen and that they have
requested an extension until May. She noted that Betsy Horne
did not have a problem with that as long as it did not over
run the statute of limitations on the violations .
Debbie Hurlburt also informed the Commission that she received
a copy of a letter that was sent to City Solicitor Kevin Daly,
notifying him that an adjudicatory hearing would be held
regarding the Joyce Salvo case.
Debbie also gave the Commissioners copies of material that Betsy
Horne received at the MACC meeting.
APPROVAL OF MINUTES
• The minutes of the meeting of February 25, 1993 were presented
3
`,11UN Cpt�
t�
r. Salem. Massachusetts 01970
,1�a1d ss NCN�
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation
Commission will hold its regular meeting on Thursday, March 25,
1993 at 7 : 00 p.m. , One Salem Green, second floor conference room.
Betsy
Chair
TENTATIVE AGENDA:
• 1. Continuation of Public Hearing - GTE/Sylvania presented by Ed
Hawkins of GZA Environmental �lCu._ 5Tc_-u_ 6z�E (Jt kj-W tkh
2 . Drafting Order of Conditions for SESD Effluent Outfall
located at Great Haste Rock in Salem Sound
3 . Old/New Business
4 . Approval of Minutes
-March 11, 1993
�rrauh Sa'_LLU� U JtSi
JM\JM\CC32593 O
sTC)hw- F
LiariL4 alklu.&U Cceu U0�4
�t SCJ '
IVY -
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MARCH 25, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 25, 1993 at 7:00 P.M, in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Abby
Burns, Bob Crowley, and Richard Arms. Also present were
Conservation Administrator Debbie Hurlburt and Eileen Sacco,
Clerk.
CONTINUATION OF PUBLIC HEARING - GTE/SYLVANIA
Randy Craig of GTE addressed the Commission and explained how
the sale of Sylvania to Oserom should have no impact on the
Loring Avenue site. He introduced Dave Tadone a consultant
and former employee of GTE to the Commission. fu
06SW Pte`` d de
Ed Hawkins of GZA explained that they ceived a letter from /� tJ
DEP on January 18, 1993 regarding theme- ice, t(e stated
that they responded to DEP in draft form so that h y could �n
get feedback from them before the final gine✓ Betsy Horne noted
that they could be subjected to twoMr. Hawkins agreed
and noted that the purpose of submittin a draft response was
so that all involved would be comforta le with the information
• provided. He also stated that they w re encouraged with the
response that they got from DEP.
JtAundf I &P CBmmn'-l
Mr. Hawkins also referred to a letter that was sent by the City
of Salem to DEP and GZA. He noted that the restoration and
revegetation plan should be submitted by the second meeting
in Apr il(l�He-also sta -ha-t-he-trapes-fol,-a�response--b} April)
and requested that they continue the Public Hearing to May 27,
1993 .
City Planner Bill Luster addressed Mr. Hawkins and noted that
the City is looking at the property reuse as well as the closure
of the landfill. He asked if a potential purchaser would buy
the entire property or if there is a line drawn behind the
building separating the property. Mr. Hawkins stated that it
is possible that the site might be split, but that would depend
on the purchaser.
There being no further discussion at this time a motion was
made by Abby Burns to continue the Public Hearing to May 27,
1993 , seconded by Richard Arms and approved unanimously.
• 1
DRAFT ORDER OF CONDITIONS FOR SESD EFFLUENT OUTFALL„L ATED
AT GREAT HASTE ROCK IN SALEM SOUND
• Atty. John Darling was present at the meeting to address the
Commission regarding the draft Order of Conditions for the SESD
Effluent Outfall at Great Haste Rock.
Betsy Horne expressed concern that the schedule indicated that
it would take a year to construct. Bernadette Kolb explained
that they are not starting until June because Marine Fisheries
restricts construction until June 1 for spawning, but the actual
work will not take one year.
John Darling expressed concern over the language in conditions
8, 9, 10, and 11 , explaining that since they are ongoing
conditions they would be covered by the NPDES permit. He
offered language to replace them, and the Commission agreed.
The Commission and SESD reviewed the proposed conditions .
There being no further questions or—comments concerning the
Conditions , a motion was made by T alsh to approve the Order
of Conditions for SESD for an Effluent Outfall at Great Haste
Rock in Salem Sound, with 11 special condition, seconded by
Abby Burns and approved unanimously.
OLD/NEW BUSINESS I�u
• TIDAL GATES
Betsy Horne handed out the first cut of the 1993 tidal gate
schedule for Forest River. She also noted that she has requested
a copy of the law from Representative Ruane ' s office, since
there is a question about the dates that the city is required
to open and close the gates.
MACKEY PROPERTY
Betsy Horne reported that she has learned that the proposed
sale of some of the Mackey property is apparently not going
to happen. She asked the Commission if they want to pursue
the violations that have been noted in the past. The Commission
discussed the matter and decided to wait on the issue.
MARBLEHEAD WATER / SEWER PROJECT ON LORING AVENUE
Debbie Hurlburt reported that Clerk of the Works Will Beaulieu
went out to the site and reported that he could not walk on
the site, because it was so muddy. It was suggested that the
Commission send a letter to the Marblehead Water and Sewer Board
and note that they may be going above the parameter of the
Determination of Applicability. Debbie will send the letter
out before the next meeting.
• 2
D
CORRESPONDENCE
Debbie Hurlburt reported that she received a letter form Mr.
Mike Pennell of 3 Sophia Road, noting that he wants to construct
an area to park his truck. Debbie stated that the area he wants
to do the work in is not in the Commission' s jurisdiction, but
that she requested that he send her a letter when the work is
completed so that she can take a look at it.
Debbie reported that she received notice that Winter Island
will be presenting plans to repair areas damaged by the storms
at the next meeting. She also noted that they have requested
that the City' s portion of the fee be waived. She noted that
in the past city agencies have requested this and fees have
been waived. The Commission agreed to waive the city portion
of the fee.
Debbie reported that she received a call from Ward 7 Councillor
Mark Blair, and he would like the Commission to have a site
visit at the GTE property during high tide. The Commission
agreed and scheduled a site visit for Saturday April 3, 1993
at 9 :15 .
Debbie also reported that Councillor Blair wanted it noted in
the record that he wants the salt marsh restored to its original
state, and that he wants all glass removed from the site.
Debbie reported that she was able to talk to someone at the
• Mass Department of Food and Agriculture about the pond at
Greenlawn Cemetery. She noted that they feel that the pond
will eventually dry up. Betsy Horne suggested calling Warren
Howard at EPA to see what he thinks about the use of Aquazine
in the pond.
The Commission scheduled a site visit to the Salem Sign property
for Friday April 16, 1993 at 8:30 a.m.
APPROVAL OF MINUTES
The approval of the minutes of the meeting of March 11 , 1993
were postponed to April 8, 1993.
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 8 :35 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC032593
• 3
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of February 25, 1993 , 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 Bob Crowley and approved unanimously.
The meeting was adjourned at 8:15 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC031193
• 4
I cg i l#?Oli��s I.egidl"NO IW—
CITY
—
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 the City of Salem. The proposal involves the
repair/restoration of coastline damaged by storm
of 1991 located at Winter Island Park,50 Winter
Island Road.The hearing will be held on Thursday,
April 8,1993 at 7:00 p.m.,One Salem Green,second
floor conference room.
BETSY HORNE, Chair �
March 31, 1993 SN16342
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 David Colpitts. The proposal involves the con-
struction of a single family home with an accessory
building as well as area grading within the buffer
zone at 16 Clark Avenue,Map 2,Lot 40.The hear-
ing will be held on Thursday,Apri18,1993 at 7:00
P.m., One Salem Green, second floor conference
room.
BETSY HORNE, Chair
March 31, 1993 SN16341
``")N' Cell
!l
Geon Corn
> Z Ayq
l` Salem, ilfassachusetts 01970 ®�Y��YG
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation
Commission will hold its regular meeting on Thursday, April 8 ,
1993 at 7 : 00 p.m. , One Salem Green, second floor conference room.
Betsy Horne
Chair
TENTATIVE AGENDA:
1. Notice of Intent - Winter Island Park - 50 Winter Island
Road regarding the repair/restoration of coastline damaged
by storm of 1991
2 . Notice of Intent - 16 Clark Avenue - David Colpitts
3 . Presentation by the National Park Service regarding a
change in their plans and Notice of Intent dated January 16 ,
1993
4 . Old/New Business .
5. Approval of M' nutes --Z' pin
JM\DH\CC4893 �L(]C ( �CiT pe(LC -qt�ftW cJ
4
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAY, APRIL 8, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 8, 1993 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, Fred Harney, Abby Burns and Tom Walsh. Also present
was Conservation Administrator Debbie Hurlburt.
In the absence of Eileen Sacco, this meeting was tape recorded.
NOTICE OF INTENT - WINTER ISLAND
Gary Moore an were present at the meet ' g to request approval
of a Notice of Intent for repairs to Win r Island. The repairs
are due to storm damage dating back to t e October of 1991 storm
as well as recent storms this winter. noted that they are
under a time frame as the repairs will a funded by FEMA, and
the deadline for filing is May 4, 1993.
Qq�explained the work to be done in various areas of the Winter
Island Park. LL
'b
• The first areaAi �satd he head of the pathway from the front
gate to Waikiki Beach. They intend to restore and remove stones,
install lint pack and grade and contour the area. Betsy Horne
a ked if they would be bringing in any additional rocks. Mr.
stated that they would use what is there but bring in a modest
amount of lint pack. He also explained the composition of lint
pack as 3/4 stone mixed with smaller stone and dust. He also
noted that Lint Pack is the brand name for Lynn sand and stone.
The next area to be restored is the left entrance to Waikiki
Beach. He noted that this is a higher elevation of approximately
15 feet. They plan to restore the embankment to protect the
staircase by bringing it back a foot to a foot and a half beyond
the edge and shore it up, which should put it in a position
to withstand natural wind, rain and erosion. The also plan
to replace the rip rap on top of the existing ithin a foo
6�a� the top of the embankment, and repair all remaining erosion
at the top of the embankment.
The next area to be restored is the area to the right side of
the pathway to Waikiki Beach. Here they plan to restore the
eroded embankment from the rip rap to the top of the embankment,
by placing gravel in the eroded area and compacting it. They
will also be placing 3 inches of top soil in that and seed
it to bring it back to the embankment. Betsy Horne asked how
• they would be compacting. Mreplied that they would be
1
using manual compactor with a plate and motor, not a steam
rolle Betsy Horne asked what kind of seed would be used.
Mr. stated that they would be using a semi wild hydro seed,
whic will be shot out of a truck.
Mr. also stated that they would be replacing steps on the
stairway to the lighthouse and shore them up with large stones.
No cement will be used.
-rhe next area to be restored will be from the end of the earth
work to Pebble Beach, which is eroding from tidal surge, wind
and rain. They plan to restore the eroding embankment with
rip rap to the top of the embankment and replace gravel and
compact it to allow for the transition of the site line.
The next area. to be repaired is to replace 2 feet of rip rap
to protect the free earth area back to usability, and to protect
the at area. Richard Arms 'asked if the wall would be cement.
ireplied that the wall would be rip rap and earth and no
cement would be used.
The next area to be repaired is the path to the boat racks at
Shell Beach. They will be installing crushed stone and grading
the path.
Betsy Horne questioned the language the Notice of Intent
• regarding the tidal schedule. Mr. ? stated that the contractor
needs to be aware of the tide to bring equipment in and out
of the area, but none of the work is in the tidal area.
����'A,L ;(�'"�� p rGch I�
Debbie Hurlburt explained�thatSw comment sheet h DEP^was �lfC
incomplete. She noted that shl and Juli Riemenschneider went
to the site and did cross sections of the work to be done and
that she will be submitting it on Monday. She noted that since
the project is being funded by FEMA she will ask DEP to review
it right away. She also suggested that the Commission could
approve the project and issue special conditions tonight with
the condition that the DEP file number is forth coming.
Betsy Horne asked if there was anyone present at the meeting
who wished to comment on the project. There was no response.
The Commission reviewed the boiler plate special conditions
and discussed them.
Richard Arms suggested that he would like it conditioned that
refueling of vehicles take place on the asphalt by the hanger.
The Commission decided to use Special Conditions 1 , 2, 3,, 4,
12, 13, and 15. Motion made by Abb Burns to approve the Notice
of Intent for winter Island wit seven special conditions,
• conditional upon the receipt of file number, seconded
by Richard Arms and approved unanimous 2 y.
St<`
PUBLIC HEARING - 16 CLARK AVENUE - MR. DAVID COLRITTS
Atty. Richard Vitali addressed the Commission on behalf of his
client David Colpitts, and stated that they are before the
.Commission to ask for help, so that they can do what they can
to make this a workable project. He stated that his client
wants to build a home on the property.
-- Betsy Horne asked for clarification of the plans presented and
the properties of Claveau, Fiore, and Armstrong were identified.
Abby Burns asked about the building on the plan designated a
a garage. Mr. Colpitts replied that his wife has recently bs d1
certified to be a day care provider and they are considering
making a day care center, but their primary concern right now
is building a house to establish residency.
Richard Arms referred to the gease andDesist order issued by
the Commission on the property, and asked if Mr. Colpitts ever
responded to it. Atty. Vitali stated that several attempts
were made with other Attorney 's. Mr. Colpitts stated that he
installed a siltation fence as requested by the Commission,
and that Dr. Donald Kent had written a report on the as built
plans and stated that they do conform to the activities that
he filed in 1988. Richard Arms asked if the Commission has
any written correspondence. Atty. Vitali stated that he has
• met with Debbie Hurlburt and the Planning Department but that
nothing formal has been presented to the Commission.
Richard Arms asked when the other lots were sold. Mr. Colpitts
stated that they were sold between 1988 - 1990. Paul Claveau
stated that he bought his lot in September of 1988. Mr. Colpitts
noted that at the time the Planning Board required 100 feet
of frontage and Mr. Fiore needed 50 feet to conform, and the
Planning Board strongly suggested that he sell 50 feet to Mr.
Fiore so that he could conform.
Abby Burns asked what they plan to do. Atty. Vitali stated
that they would like to grade and cap the area similar to what
Paul Claveau and Julie Armstrong did. He also noted that the
concern is the slope of the fill, as well as the stability and
character of it. He stated that there has not been any erosion
and they would like to contour and cap it. He showed photographs
from the Fall season.
out the cutting AbbyBurns asked ab g down of trees. Atty. Vitali
stated that there is a problem with the trees leaning and that
they could topple over, so it is best to cut them down. Abby
Burns stated that she would rather they remove the fill and
leave the trees alone.
• Fred Harney asked if the plan reports what is there today.
Atty. Vitali replied yes. Fred Harney asked how much more
3
filling they plan to do. Atty. Vitali stated that there would
• be no more filling, and that they want to take the existing
conditions and make them workable as was done with the neighbors.
Bob Crowley noted that Mr. Colpitts disregarded the Commission
when he dumped the fill and now he is presenting a hard hip
case to the Commission.
-- Betsy Horne suggested that the Commission visit the site since
there are new members and the rest of the members have not been
there for awhile. Atty. Vitali agreed and stated that the
Commission would see how the slope held up through the storms
that we have had. Mr. Colpitts also presented the Commission
with a list of weather records from the last three years.
Betsy Horne asked if there was anyone present who would like
to comment on the matter.
Mike Carter addressed the Commission and stated that he did
the work for Paul Claveau and Julie Armstrong and that he felt
that allowing Mr. Colpitts to build his house would enhance
the street.
Patricia Rutkowski of 5 Clark Street addressed the Commission
and stated that she felt that it would also enhance the area.
• There being no further questions or comments at this time, a
motion was made by Abby Burns to continue the Public Hearing
until April 22, 1993, seconded by Tom Walsh and approved
unanimously.
The Commission will hold a site visit Tuesday, April 13, 1993
at 6:00 p.m.
NATIONAL PARK SERVICE - CHANGE IN PLANS OF NOTICE OF INTENT
David Boyde of Trite Marine addressed the Commission as the
contractor for the NPS project to restore Central and Derby
Wharfs. He noted that the original Notice of Intent called for
them to drive a sheet pile retention cell so that dredging could
be done up against Derby wharf. He explaingg that over this
winter an archeological dig was done that t d up some records
that they want to ve. If they proceed withthe dredging they
would lose them. he existing permitted plan calls for the —
removal of 8,000 c.y. of material, and the revision to the plan
allows for the work to be done without disturbing the material.
In summary Mr. Boyd stated that they wish to drill PLH piles
into the round and use precast concrete as a retaining wall
instead of the sheet piling. They would use drill tie backs
to stabilize the structure. He stated that the dredging plan
does not change, and the length of time for the construction
does not change, so there would be no extension of time needed.
• Mr. Boyd also noted that there would be about 500 less truck
4
loads leaving the site with the reduction of material being
• removed.
Betsy Horne reviewed the Special Conditions issued for the
project and noted that only one condition addresses the wall
repair, and noted that the condition would still apply, but
there will be significantly less work being done on the wall.
-- Betsy Horne asked if anyone present would like' to comment on
the matter.
Joe Jones of 67B Pickering Wharf asked why the abutters of
Pickering Wharf were not notified of the hearings on this matter.
Debbie Hurlburt reviewed the process by which an abutters list
is obtained and said that she would see what happened. Mr.
Jones also asked if the Commission has any jurisdiction over
what is built on the Wharfs, expressing his concern over the
size of the buildings proposed there. Betsy Horne explained
the role of the Commission and that the size of the building
is not within the jurisdiction of the Commission.
There being no further comments on the matter, a motion was
made by Fred Harney that the changes made to the original Notice
of Intent are not significant enough to require a new Notice
of Intent, seconded by Abby Burns and approved unanimously.
. OLD / NEW BUSINESS
Marblehead Water and Sewer Project -6 LOQI, {
Betsy Horne reported to the Commission that she went out to
the site with Will Beaulieu and found the silt fences to be
in disrepair and the hay bales are deteriorating. She also
noted that they were pumping water into the resource area. She
expressed her concern and regret that the Commission acted in
good faith and it seems that more work is being done out there
thaf)the Commission was led to believe was going to take place.
DL6b0-
Betsy also reported that Dana Snow et with Debbie on the site
and corrected the siltation fenc and the hay bales and promised
that things would be better. has prepared a letter to Dana
Snow, stating what the Commission expects, such as that the
silt fence and the hay bales should be repaired on a regular
basis.
Abby Burns suggested that the Commission think about writing
to the Marblehead Conservation Commission concerning the matter.
Debbie reported that when she was out there, Dana Snow showed
her an area known as the Valley where Salem State students party,
and the area is a mess. She showed pictures of the area, as
well as pictures of a well in relation to the Macey Property.
• 5 �
Tidal Gates
• Betsy reported that she went out to Forest River on Sunday and
observed the turning of the tide at the tidal gates, noting
that the tidal chart stated 9:37 a.m. and the tide actually
turned at 9:50 a.m, a 13 minute difference. She also reported
that she met with Ed Morgani who is in charge of opening and
closing the gates and found him to be most helpful. He schedules
Wpeep-l�e according to when the gates are to be opened and has
0`� some concerns of his own. She stated that he has received
complaints about the noise the gates make when the open and
close. He would like to meet with the Commission.
Yard Waste
Betsy Horne stated that she contacted Stan Bigelow regarding
this years program for yard waste disposal. She informed the
Commission that this year they would be holding the yard waste
at the transfer station to be trucked to New Hampshire. She
noted that they would not need to come before the Commission
since they will be using the front of the property. She also
noted that the waste would be used in connection with the Lynn
Sewer and Water Board, when the Lynn Secondary Treatment plant
opens. They will be trucking sludge which will be mixed with
yard waste to form a compost and the city will be able to get
it for a reduced cost.
• Aquazine
Betsy reported that the latest information on Aquazine is that
drinking water sources should not be used for 12 months after
application, and that may tie in with Sally Hayes ' request to
investigate the use of Cold Springs. Abby Burns noted that
the Commission has not discovered any reason to allow the use
of it in the pond. Betsy Horne asked to have Richard Rennard
attend the next meeting to discuss the matter.
There being no further matters 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 9:08 p.m.
RESPECTFULLY SUBMITTED AS TRANSCRIBED
BY:
EILEEN M. SACCO, CLERK
CC040893
• 6
4
CITY OF SALEM
CONSERVATION COMMISSION
REQUEST FOR DETERMINATION
PUBLIC HEAING
On Thursday, April 22, 1993 at 7:00 p.m., the
Salem Conservation Commission will discuss a
Determination of Applicability,under the Wetlands
Protection Act, M.G.L. Chapter 131, Section 40,
at the request of Snell Realty Trust.The proposed
work, located within a Buffer Zone, consists of
repairs to existing stockade fence,resurfacing and
restriping of parking area,minor relocation of the
existing drainage system and assoicated landscap-
ing at The Vinnin Square Shopping Center at Par-
adise Road and Vinnin Street. The meeting will
take place at One Salem Green,second floor con-
ference room.
BETSY HORNE
Chair
April 15, 1993 SN23375
A 5 4
p 9
CITY OF SALEM
CONSERVATION COMMISSION
Will hold a public hearing for a Notice of Intent
under the Massachusetts Wetlands Protection Act,
Mass. G. L. Chap. 131, Section 40,at the request
of Hawthorne Marina Limited Partnership. The
proposal involves the stabilizing of an existing pier
by driving new steel sheet piling outside the exist-
ing seawall and piling at 10 White Street.The hear-
ing will be held on Thursday, April 22, 1993 at
7:00 p.m., One Salem Green, second floor confer-
ence room.
BETSY HORNE
Chair
April 15, 1993 SN23374
I
1 lei
r (� Salem. Massachusetts 01970
CONSERVATION COMMISSION
NOTICE OF MEETING
-
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, April 22, 1993 at 7 :00
p.m. , One Salem Green, second floor conference room.
Y VL'e te/Ce-4.
Betsy Horne
Chairman
I ' -� r
TENTATIVE AGENDA: C .LR�I�nt�l
• 1 . Request for a Determination of Applicability - Vinnin Square
Shopping Center
2 . Notice of Intent - 10 White Street , Hawthorne Cove Marina
Seawall Rehabilitation
3 . Continuation of Notice of Intent Public Hearing - Clark Avenue
DavLh
�iU
4 . Disc s
d Colpitts
siithth Richard Rennard - Greenlawn Cemetery regarding
the use of Aquazine vs. Copper Sulfate
5 . Old/New Business
-Winter Island Park
-Marblehead Pumping Station
-Earth Day Fair
6 . Approval of Minutes
-March 11, 1993
-March 25 , 1993
-April 8 , 1993
• EX\DH\CC042293
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, APRIL 22, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 22, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horn — , Tom
Walsh, Abby Burns, Bob Crowley, Fred Harney an iris Kent.
Also present was Conservation Administrator Debbie Hurlburt
and Eileen Sacco, Clerk.
DISCUSSION OF THE USE OF AQUAZINE GREENLAWN CEMETERY
Betsy Horne reported that she has found out that DEP regulations
state that water treated with aquazine should not be consumed
by animals for 12 months. Betsy Horne also questioned whether
Kernwood Country Club might be using the pond as a source of
irrigation for the golf course. Debbie Hurlburt will ask Richard
Rennard about that.
Abby Burns expressed her concern that the use of aquazine is
not a solution to the problem. Debbie Hurlburt noted that they
have used aquazine in the past, when they were not required
to get approval from the Commission. She also noted that
• Copperb-ulfate which was approved, needs to be applied three
times and aquazine only needs one application. Abby Burns
stressed that people need to know the effects that pesticides
and herbicides have on the environment.
Debbie Hurlburt also noted that they need to get a permit from
DEP to use aquazine.
Abby Burns stated that she would like to let Mr. Rennard know
that the Commission is concerned about the use of the Aquazine
and the fact that it is not a long term solution to the problem,
and that he should look into a long term solution to the problem.
Betsy Horne suggested that the Commission ask them not to use
the Aquazine, and if they wish they can come before them again
with the request.
PUBLIC HEARING - NOTICE OF INTENT - HATHORNE COVE MARINA
David Vine addressed the Commission on behalf of his client,
Russell Vicars, the owner of Hathorne Cove Marina. He explained
that the sea wall is very old and that they plan to repair it.
Mr. Vine explained that they plan to drive sheeting outside
of the fender piles starting at the gangway and running along
the south side and the short side facing the water. He estimated
• that 220 feet of sheeting would be installed with a tie back
1
system. Mr. Vine explained that sheet piling is interlocking
• pieces of steel, ' that will replace the existing wall. He also
noted that the existing wall would remain in place. He explained
the tie back system as a conventional dead man system, which
would consist of additional sheeting tied back with tie rods
to provide for the horizontal resistance needed.
Mr. Vine also noted that they did test borings and found that
the material there is boulders and a concrete slab. He also
noted that the existing grade is about 14 and they plan to
restore the property to the existing grade, by back filling
between the existing wall and the new sheet piling. The fill
will consist of crushed stone and gravel. He also noted that
inten o in place, but will cut them
three feet from the ground surface. He noted that removing
the pilings completely the stability of
the existing wall. tvattd tue)ctml.�Q
Bob Crowley asked if that property was the old White' s Fuel
Pier. Mr. Vine stated that it was and that a 21B had been done
on the site and there was one hot spot, but not in the area
of the pier.
Fred Harney asked what kind of time frame they were working
with. Mr. Vine replied that they wanted to start as soon as
possible and that it would take about 2 or 3 months. He also
noted that all work would be done from the land and that no
• dredging would be done.
Debbie Hurlburt asked if they need a Chapter 91 License. Mr.
Vine stated that they do need a Chapter 91 License and that
a letter is included in their Notice of Intent from DEP,
confirming that the work proposed is maintenance.
Richard Arms asked what the life expectancy of the sheeting
would be. Mr. Vicars stated that he hoped it would be 50-100
years, if it is maintained properly. He explained that it could
be patched for corrosion, and could be coated, but uncoated
it would last quite a while. He also noted that the life of
it depends on the environment and there is not a lot of boat
traffic here.
Abby Burns asked where they would get the fill. Mr. Vine stated
that it would be brought in, and it would be clean�fill.
Fred Harney asked to have the 100 year s � �
explained. Mr. Vine stated that he got that from a FEMA map
and that it showed high water levels . Debbie Hurlburt explained
that it refers to the possibility af.-� flood of that magnitude
could occur. 1U_
Betsy Horne opened the meeting up to comments from those in
• attendance at the meeting.
2
• Robert Ouellette of 3 White Street, stated that he had no problem
with the proposal and agreed that the repairs need to be made.
He did express his concern that parking in that area is tight
and the trucks coming and going could create a problem. Mr.
Vicars stated that when he bought the property he made a
commitment to make it a first class marina. He stated that
construction would only take place during the week, and no work
would be done on the weekends, when people would be down there
using their boats.
Peter Victory of 8 Lee Street stated that he is interested in
anything that goes on at the water front, and that the project
is a good one and is important to the harbor. TNV asked that
the Commission approve the plan.
Betsy Horne suggested that the Commission have a site visit.
It was decided to have a site visit on Tuesday, May 4, 1993
at 6 :00 p.m.
Mr. VicarSagreed to Continue the Public Hearing until the next
meeting of the Commission on May 13, 1993, and gave written
notice of that.
DETERMINATION OF APPLICABILITY - STOP & SHOP - VINNIN SQUARE
Fred Harney recused himself from discussion of this matter.
• Atty. George Atkins of 59 Federal Street addressed the Commission
on behalf of his client Stop & Shop. He explained that they
are before the Commission because Tedesco Pond is located on
the easterly side of the property and that the wetlands map
indicated that a corner of the property is in the buffer zone.
He explained that they intend to refurbish the existing building
and that the construction will take place in the front of the
property. He explained that the entire site would be repaved,
with recycled paving. He also noted that hay bales would be
installed at each catch basin on the site.
Tom Walsh asked about the existing surface drainage. Atty.
Atkins stated that the existing surface drainage goes into
Tedesco Pond. He also noted that one additional catch basin
would be installed. Tom Walsh also asked if the asphalt would
be recycled on site. Atty. Atkins stated that it would be taken
off site and recycled at an asphalt plant. He also noted that
the repaving would be done in sections, because two tenants
are remaining, and paving should take 3-4 days.
Betsy Horne asked when they would be doing the work. Atty.
Atkins stated that they want to start as soon as possible.
• Abby Burns asked if they would be planting trees. Atty. Atkins
3
explained that they are planting Hawthornes along the street,
and pine trees along the back for screening.
• Betsy Horne asked about the future of the house that was
purchased by Stop & Shop near the property, noting that they
were landscaping it the other day. Atty. Atkins stated that
they have no plans at the present time, and they maintain the
property, explaining the recent landscaping.
Betsy Horne asked if they have any tenants for the property
yet. Atty. Atkins stated that they have no lease agreements
as of yet, but they are negotiating with the tenants who plan
to stay.
Betsy Horne also asked about the S foot stockade fence on the
property. Atty. Atkins stated that they plan to repair it and
maintain it.
Betsy Horne asked if there were any questions or comments from
those in attendance. There were none.
There being no further questions or comments from those present,
a motion was made by R-t �s for a Negative Determination
with special conditions, seconded by Tom Walsh and approved
unanimously.
Motion made by Tom Walsh to approve special conditions 9, 10,
• and 14 as amended, seconded by Abby Burns and approved
unanimously.
CONTINUATION OF PUBLIC HEARING - 230 HIGHLAND AVENUE
Fred Harney recused himself from discussion of this matter.
Mark Sherfy of Gulf of Maine Research Inc. addressed the
Commission on behalf of his client Mr. Finnochio. He showed
the Commission a blow up of the wetland map that he used to
make his determination that there is not a wetland in the area
in question, although the city wetland maps show there is.
Betsy Horne noted that the Commission has visited the site.
Abby Burns asked if they had done any hydrPric testing on the
site. Mr. Sherfy stated that they had not done any hydrodic
testing, and they used vegetation as a cri eria. Abby Burns
also asked if the work would impact on the wetland that is there.
Mr. Sherfy stated that the topography is pretty well defined
where the water will go, and there should be a decrease in water.
He also noted that an increase would not be significant and
would come from heavy rain.
Betsy Horne explained that the Commission is awaiting new wetland
• maps and that the present ones were done in 1977. She noted
4
that the Commission only had the information based on what has
been seen out there from December through the winter. She
• suggested that she would like to continue the public hearing
at this time, so that the Commission could have another site
visit out there in May to see what if any vegetation is there.
Betsy Horne explained the options that the Commission had
concerning this project to Mr. Finnochio. She noted that the
Commission could vote tonight and either issue a negative
determination, or a positive determination , which would require
a notice if intent. She explained to Mr. Finnochio that if
he were to grant the Commission an extension for 5 weeks until
the May 26, 1993 meeting, that would allow the Commission to
be sure of what is out there, and hopefully the new maps would
arrive by then. Mr. Finnochio agreed to Continue the Public
Hearing until May 26, 1993. The Commission will hold a site
visit on Monday, May 24 , 1993 at 6:00 p.m.
OLD / NEW BUSINESS
Winter Island
Debbie Hurlburt informed the Commission that a DEP file number
has been issued, and presented the Order of Conditions to the
Commission for signatures.
Marblehead Pumping Station Update - U%K� AA)-UAL-L
• Debbie Hurlburt informed the Commission that Betsy drafted a
letter to Dana Snow asking that they clean up toe site and keep
it in A-1 condition, and asked that they maintain the hay bales
and the siltation fence. She also noted that she added a
sentence that stated that if the Commission was aware of the
extent of the activity that is taking place, they would have
issued a positive determination and sought a Notice of Intent.
She also noted that she sent a copy of the letter to the
Marblehead Conservation Commission.
Earth Day Fair
Debbie Hurlburt informed the Commission that the Earth Day Fair
would be held on Saturday, May 1 , 1993 from 11 :00 a.m. to 3:00
p.m. She noted that shft the fair four years ago. a-a&
t ' �•. She also noted that
this years theme is i digenous people, explaining that they
worship the earth. De bie highlighted the activities planned
and stated that she wo ld like the Commission to be represented.
She also noted that s e made plans 2 .months ago to be out of
town and she would be unable to attend. Fred Harney stated
that he may be able o go for awhile. Abby Burns also expressed
interest in attendin .
W r s .
• 5
workshops
• Debbie informed the Commission of various workshops being held
throughout the state, that they may be interested in attending.
Tri - City Sales
Betsy Horne informed the Commission that she received a complaint
from Councillor O'Leary that there is continued dumping going
on at Marborough Rd. She noted that she had sent a letter
to Mr. Cohen giving him a deadline to complete the work, and
that they had asked for an extension, which was granted by the
Commission. She stated that the extension is up May 12, 1993
and that she is prepared to take whatever steps are necessary
to get this matter completed.
Fred Harney noted that the owner is responsible for the activity
on the property, even though he may not be the one doing the
dumping.
Debbie Hurlburt questioned why Mr. Cohen has been unable to
get Lane Chase off his property, even though he has taken legal
action. Tom Walsh noted that if illegal acts are taking place
on a persons property he should be able to get him off the
property by police force. He questions how hard Mr. Cohen was
pushing to get him off.
• Salem High School
Fred Harney reported that he saw trucks coming out of the area
behind Salem High School that has been of concern to the
Commission. Debbie Hurlburt explained that she talked to Stan
Bigelow about the matter, and he told her that the key to the
gate is kept at the city garage and he thinks someone must have
made a copy of the key. He stated that he has no control over
the key if there are copies. Fred Harney suggested that the
Commission have a site visit to see what is there. The
Commission will visit the site on May 4 , 1993.
Motion made by Abby Burns to adjourn to Executive Session,
seconded by Tom Walsh and approved unanimously.
Motion made by Fred Harney to reconvene to Open Session seconded
by Abby Burns and approved unanimously.
There being no further business to come before the Commission
at this meeting, a motion de—b Burns to adjourn
the meeting, seconded Res and pproved unanimously.
• 6
The meeting was adjourned at 9:45 P.M.
• RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCOl CLERK
CC042293
•
• 7
`SUN CO.1,
�Y 41i
Salem. Massachusetts 01970
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, May 13 , 1993 at 7 : 00
p.m. , One Salem Green, second floor conference room.
Betsy Horne
Chair
TENTATIVE AGENDA:
1 . Request For a Determination of Applicability - B & M Railroad
• 2 . Continuation of a Public Hearing - David Colpitts - Clark
Avenue
3 . Continuation of a Public Hearing - Hawthorne Cove Marina
10 White Street
4 . Old/New Business j w— co
-Bertini extension 1,1^a� itwa ►�'
-Tri-City Sales yelut �( msaat� ' fk'C (0`4
-Salem High School SdC l� Se-l(,�
-Wetlands Identification Workshop �—
��- tJl.Syl
5 . Approval of Minutes
E
11 , 1993
25 1993
8, 1993 � uAQe
22, 1993
X e ,� y 7zz �3
EX\DH\CC051393
• �ec�� 2? lA h� Q — C� (� 1' SQA S U
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAY, MAY 13, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, Play 13, 1993 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, Chris Kent, Fred Harney, and Bob Crowley. Abby Burns
was absent. Also present were Conservation Administrator Debbie
Hurlburt, and Eileen Sacco, Clerk.
REQUEST FOR DETERMINATION OF APPLICABILITY - B & M RAILROAD
Keith Morris and Michael Gragnolati of Environmental Compliance
Services Inc. , addressed the Commission on behalf of their
client, the B & M Railroad. Mr. Morris explained that they
are requesting the determination for the spraying of herbicides
along the railroad tracks in designated areas of the city.
He showed the Commission a plan which outlined the areas to
be sprayed and identified sensitive areas, which would not be
sprayed. Mr. Gragnolati explained that the spraying would be
one application with one touch up if needed. He further
explained that the process would be done by a licensed applicator
• and would spray one side of the tracks at a time.
Debbie Hurlburt asked if they knew ere private wells might
be located in the area. Mr. Gragno?ati stated that he was not
aware of any wells in the area, noting that if they are listed
with DEP or the Department of Food and Agriculture he would
have found them on list. Debbie Hurlburt noted that she has
a list and would provide them with it. Mr. Gragnolati suggested
that the Board of Health should register those wells, so that
they could be identified in the future. Betsy Horne suggested
that they should put the locations of the wells on their plan.
Mr. Gragnolati agreed to do so.
Betsy Horne asked when they plan to do the splaying. Mr. Morris
stated that they should be in Salem by July. Betsy Horne
suggested that they should notify the city a week before the
spraying occurs.
Richard Arms asked how much spray would be used. Mr. Morris
stated that the mixture would be 3 quarts of Arsenal to 1 quart
of water per acre of spray.
Mr. Gragnolati noted that the determination would be good for
five years.
There being no further questions or comments from those present,
• a motion was made by Tom Walsh to grant a Negative Determination,
1
seconded by Richard Arms and approved unanimously.
• CONTINUATION OF PUBLIC HEARING - DAVID COLPITTS - CLARK AVENUE
Betsy Horne noted that the Commission had received revised plans
for the project and have had 3 weeks to review them. Shy eOtWrlaq .
questioned the wording of the letter of April 20, 199^ Mr. S(p
Donovan clarified the letter for the Commission�sbGh� 11'�f fo ELfie � &A
Debbie Hurlburt asked how they could tell that a treeeis showing
signs of distress. Mr. Donovan stated that a lot of the trees 2 �
up there are dead.
Fred Harney asked where they would be putting excess material
during the project. Mr. Colpitts stated that he would put it
another lot that he owns
beyond the wetland.
on a Y
Debbie Hurlburt suggested that they could save some of the trees
by pulling back the grade.
Mr. Donovan explained that they propose to grade the top of
the slope so that the runoff could distribute slowly over a
large area, and not create a lot of runoff at one time. He
explained that if you create a swail as the neighbors did the
water has to have some place to go. U�
. Richard Arms noted that the proposed house plan _ laces the garage
where the swail would be continued. He also no ed that it is
not uncommon for engineers to have a difference opinion regarding
ways to accomplish things, but noted that the Commission needs
to see that the drainage is taken care of in a way that is fair
to the neighbors.
Betsy Horne asked if they would be willing to entertain an
alternative to looming and seeding, and place rip rap there
as the alternative. Mr. Donovan stated that he felt that looming
and seeding would be better, since waterets through the rip
rap and grass would be more protective. K6,C79 p.") � w4�4! •
Iwr tAr ASL( Xtcf( !ti we c �fc54 '
Fred Harney asked how much loom they would place. Mr. Donovan
stated that they would spread at least 6 inches.
David Colpitts addressed the Commission and stated that he felt
that the swail would fill up with leaves and that it is
unnecessary.
Paul Claveau, who owns property in the area, and corrected that
problem with a drainage swail, disagreed that the swail was
unnecessary. He noted that Mr. Colpitts caused the whole problem
in the first place, by filling the property without the consent
of the owners. He noted that he did not think it was fair for
him not to have to do what the neighbors did at great expense,
• out of necessity, to save their investment. .
2
• Tom Walsh explained to Mr. Colpitts that the Commission could
only address what is presented to them. He asked Mr. Claveau
if his engineer ever suggested what Mr. Colpitts is proposing.
Mr. Claveau stated that his engineer felt that the swail was
necessary to relieve the pressure. Tom Walsh asked Mr. Claveau
what the results of his work were. Mr. Claveau stated that
he should be able to build, and that the slope has taken well.
Debbie Hurlburt noted that there is a gully on his property.
David Colpitts stated that if the Commission feels that the
swail is necessary he would put it in. He stated that he and
his wife have been waiting a long time to build this house and
if it would mend fences he will entertain it.
Atty. Vitali stated that Mr. Donovan feels that this is the
way to achieve the best results.
Mr. Donovan noted that the material is clay and water does not
go through it.
Richard Arms asked where the water would go, wit�out the swail.
Mr. Donovan stated that it would go back towards the house and
they could have a sump pump in the cellar.
Betsy Horne stated that she did not want to have a situation
where a hose would be coming from the cellar into the wetland.
Mr. Donovan noted that there would be a perimeter drain with
crushed stone around the house.
Fred Harney stated that he was in favor of the swail. He also
expressed concern about flooding.
Mr. Donovan stated that he felt that you would need a tremendous
storm, better than a 100 year storm to cause flooding.
Mr. Colpitts noted that the material has been there since 1990
and has been through 3 years of climate changes, noting that
this winter is a good example of what the material can stand.
Mr. Colpitts will submit a redesigned plan with a swail, and
a drain the same as the neighbors , and a cross section of the
drain around the house. Betsy Horne also asked that Mr. Donovan
super impose the topography of Julie Armstrongs property, from
Commission records, so that the Commission can see what the
effect might be.
Motion made by Chris Kent to continue the public hearing until
the next meeting of the Commission on May 27, 1993 , with the
consent of the applicant, seconded by Fred Harney and approved
unanimously.
• 3
CONTINUATION OF PUBLIC HEARING - HAWTHORNE COVE MARINA - 10
• WHITE STREET
David Vine and Russell Vicrs addressed the Commission to submit
a revised plan to extend t e sheeting proposed, using the other
side of the sheeting to hold it together. He submitted a letter
with the plan explaining the reasons for the revision. He noted
that the sheet piling would be secured with tie backs. He also
stated that the area would be graded to elevation 14. Mr. Vine
stated that all work would be done from the land.
Mr. Vine submitted the information requested by the Commission
at the site visit. A dirt pile from a recent tank removal,
has been moved to Stoughton,Mass.
Richard Arms expressed his concern that debris from work being
done on the boats would get into the water. Mr. Vics stated
that he has taken steps to implement good housekeepin practices
at the marina.
There being no further comments from those present a motion
was made by Tom Walsh to close the public hearing, seconded
by Bob Crowley and approved unanimously.
Motion made by Tom Walsh to issue an# Order of Conditions, with
Special Conditions 1 , 2, 31 4 , 7, 12, 13, 15 as amended, seconded
• by Richard Arms and approved unanimously.
OLD / NEW BUSINESS
Betsy Horne reported that she is meeting with City Solicitor
Robert Ledoux to discuss by-laws for the Commission.
Bertini Extension
Debbie Hurlburt reported that Atty. Serafini informed her that
the work should be starting next week on the Bertini property.
Tri - City Sales
Debbie Hurlburt reported that she met with the contractor hired
by Mr. Cohen. She also noted that she went out there with Will
Beaulieu and nothing has been done. She contacted Atty. Berg
who was surprised that nothing has been done. Betsy Horne
suggested that if they do not get moving, the Commission should
be able to hire a contractor to do the clean up and bill Mr.
Cohen.
Salem High School Dumping
Debbie Hurlburt reported that the Commission had a site visit
to Salem High and that the dumping is still going on. Betsy
• Horne stated that she would write to Mayor Harrington, regarding
4
this int&¢-municipal problem.
• Wetlands Identification Workshop
Debbie Hurlburt reported that she has been in touch with Dr.
Arnold of Salem State College, and that a workshop could be
held for the Commission at a cost of $150 .00 per person. She
noted that it would include use of the new infrared photos,
and instruction on how to read the wetlands maps. She also
noted that they would go. ¢ut and identify vegetation.
Emergency Certification - 128 Bayview Avenue
Debbie Hurlburt informed the Commission of an emergency
certification that is necessary at 128 Bayview Avenue. She n /�
showed the Commission photos of a {hole in the retaining -�c &JCC
between the house and the ocean. ,
�1 [u�CcC CM S�1�uf ro Q y �w GvYus-�
Betsy Horne expressed her con ern that the Commission should
be mindful of the regulation She She stated that she would discuss
this with Atty. Ledoux at her meeting.
APPROVAL OF MINUTES
The minutes of the meeting of March 11 , 1993 were presented
for approval. Motion made by Fred Harney to approve the minutes
• of the meeting of March 11 , 1993, seconded by Bob Crowley and
approved unanimously.
The minutes of the meeting of March 25, 1993 were presented
for approval. Motion made by Fred Harney to approve the minutes
of the meeting of March 25, 1993, 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 Tom Walsh to adjourn the
meeting, seconded by Fred Harney and approved unanimously.
The meeting was adjourned at 10:15 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC051393
• 5
C
z
im Goll miss m
Salem. Massachusetts 01970
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, May 27, 1993 at 7 : 00
p.m. , One Salem Green, second floor conference room.
Betsy Horne
Chair,
TENTATIVE AGENDA:
1. Continuation of a Public Hearing - Notice of Intent Clark
Avenue - David Colpitts PCaboag o4QS 3' L" pYdltip.�C-c
2 . Continuation of a Public Hearing - Request for a Determination
of Applicability - 2230 Highland Avenue - Salem Sign
ZFl . �"-o - Sties Pr"r
3 . Old/New Business
\
-Tri-City Sales update - �ow�d p Pc 7etean �+� DEW
-Varioy s handouts
Hoc' Sr(. d- NSN ImU
4. Approval of Minutes
-April 8 . 1993
-April 22, 1993
l
EX\DH\CC052793
Uri Cn,3-t4V.
,O Lt cvq ,l-e �� hoa`3 6h.,Qc,, �9 Flldt9nlccn�
��po _�
NUL:VXA Yo tT¢�CI �6 cak` �c t(sz oils 1�c� � of i
N
• �P � / SALEM CONSERVATION COMMISSION
l (� MINUTES OF MEETING
THURSDAY, MAY 27, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 27, 1993 at 7 :00 p.m. in the second floor
conference room at One Salem Green. /e: 36/
Those present were: Chairwoman Betsy Horne, m Walsh, Richard
Arms, Abby Burns, Bob Crowley, and Chris KentssAAAA. Fred Harney
was absent. Also present were Conservation Administrator Debbie
Hurlburt and Eileen Sacco, Clerk.
CONTINUATION OF A PUBLIC HEARING - NOTICE OF INTENT - CLARK
AVENUE - DAVID COLPITTS
Betsy Horne reviewed the revised letter of submittal from McPhail
Associates regarding the changes in Mr. Colpitts plan, Mr.
Donovan was present at the meeting and explained the changes.
He noted that they changed the location of the proposed garage,
by moving it forward five feet to fit tWadrainage Swale, which
is now also included. He showed the Commission a revised plan
which detailed the catch basin, Swale, and perimeter drain,
as well as the contours that extend from the adjacent property
owned by Ms. Armstrong.
• Betsy Horne asked if the catch basin was similar to those that
the neighbors installed. Mr. Donovan replied that they are
the same.
AbbyBurns noted that during a site visit i
g t was discovered
that the swale on the Armstrong property did not seem to be
working properly. It was suggested that perhaps they need
some more crushed stone in there. Mr. Donovan noted that their
plan showed that they are pitching the swale and it is shown
in three places on the plan, so that the water that gets into
the swale will drain into the catch basin.
Abby Burns asked if they plan to plant the trees after
construction. Mr. Donovan stated that they plan to take the
dead trees down to hold the bank.
'Betsy Horne asked if anyone present at the meeting wished to
comment on the plan.
Patty Rutkowski of 5 Clark Street addressed the Board about
the necessity of the swale, noting that she is in favor of
building the house. Betsy Horne replied that the Commission
feels that the swale is necessary.
• Richard Arms suggested that they plant some trees at the top
of the slope to help hold in. Abby Burns agreed, noting that
1
• there are many erosion control methods available, and something
would be appropriate.
(,)i tf,
Richard Arms noted his concern t4ta the other catch basins,
and suggested that they could possibl put a concrete base at
the bottom with rip rap. Mr. Donova stated that would be
done in a situation where you don' t have a horizontal pipe.
Richard Arms also asked about the maintenance of the catch
basins . Mr. Donovan stated that they should be cleaned out
occasionally.
Tom Walsh asked how much loom would be placed on the slope.
Mr. Donovan stated that six inches of loom would be placed.
Richard Arms suggested that a condition could be made to insure
that the remaining portion of the slope be seeded beyond the
swale and catch basin.
There being no further questions or comments from those present,
a motion was made by Abby Burns to close the public hearing,
seconded by Bob Crowley and approved unanimously.
Motion made by Richard Arms to issue an Order of Conditions
with Special Conditions to David Colpitts for Clark Avenue,
seconded by Abby Burns and approved 5-0.
• Betsy Horne will prepare special conditions to be considered
at the next meeting.
CONTINUATION OF PUBLIC HEARING - 230 HIGHLAND AVENUE -
DETERMINATION OF APPLICABILTY - SALEM SIGN
Mark Sherfy from Gulf of Maine Research Inc. addressed the
Commission on behalf of his clients, Mr. & Mrs . Finocchio, who
were present at the meeting. Dr. Hugh Mulligan of Gulf of Maine
Research Inc. was also present, as was Atty. Bruce Hughes
representing the Finnochios as well.
Mr. Sherfy addressed the Commission and stated that several
walks have been taken around the property and that the most
recent visit confirmed that there is wetland vegetation present
in patches, but not continuous, and they still feel that there
is no stream for vegetation to border, and the land is not a
bordering vegetated wetland. Dr. Hugh Mulligan stated that
it could be either an isolated wetland subject to flooding or
a Bordering Vegetative wetland but it does not satisfy the
criteria for either.
Abby Burns asked if building on the site would affect the
weta nds downstream. Dr. Mulligan replied that protective
meas res could be taken and it would be outside the 100 foot
• buffer zone.
2
• Betsy Horne asked if they had researched the possibility of
the presence of a pipe that may be plugged, and may have created
a stream. Mr. Sherfy reviewed the drainage system and catch
basins on the plan.
Richard Arms noted that the new wetlands maps would be helpful
in this situation. Dr. Mulligan stated that the ultimate
evaluation is to look at the site, and that they have done that
and proven their case.
Abby Burns stated that the Commission has to take their word
for it, because they are unable to prove otherwise.
Bob Crowley noted that the area looks like a combination jungle
and dump.
Motion made by Abby Burns to close the Public Hearing, seconded
by Bob. Crowley and approved unanimously.
Motion made by Abby Burns to issue a Negative Determination
for 230 Highland Avenue, seconded by Tom Walsh and approved
4-1 with Betsy Horne voting against it.
OLD / NEW BUSINESS
SESD DEP FILE # 64-210 UPDATE
• Atty. John Darling of Serafini , Serafini, and Darling addressed
the Commission to update them on the progress of the construction
of the Secondary Wastewater Treatment Facility at 50 Fort Avenue.
He explained that they are presently advertising for bids on
the e initial phase of the project which is excavation and site
preparation work. The site prep work is expected to commence
in August 1993 and end around July 1994 . He also noted that
the site prep contract will be separate from the actual
construction contract for the facility.
Jane Wheeler of Camp, Dresser and McKee reviewed the changes
made to the plan since the approval of the Commission. She
noted that they have been approved to proceed with concept G.
and that the construction plans would not be ready until August.
She reviewed the changes to the approved plans and noted that
they were minor. She noted that the effluent pump station that
was scheduled to remain is now going to be demolished. She
also reviewed the drainage plan for the Commission. Ms. Wheeler
also noted that the Pollution Prevention Plan is due out next
month.
Betsy Horne asked if the information presented contradicts any
of the Conditions issued by the Commission. Atty. Darling stated
that they did not affect any conditions.
• 3
• Tri - City Sales Update
Debbie Hurlburt stated that the clean up has started and showed
the Commission pictures of the property.
Marblehead Pumping Station
Debbie Hurlburt reported that they have hydro seeded the area.
Properties Owned by the Commission
Debbie Hurlburt gave the Commission a list of all the properties
owned by the Commission.
Correspondence
The Commission reviewed various correspondence from Mayor
Harrington. Mass. DPW regarding Lane Chase, and the t1ACC
Newsletter.
Debbie Hurlburt reported that she has been notified of dumping
going on at Monroe and Taft Roads. She will investigate it
and report to the Commission.
Betsy Horne reported that she has written a letter to Mayor
Harrington regarding the dumping at Salem High School.
• Betsy Horne also reported to the Commission that she has -ateet VZ ` "
several times with City Solicitor Bob Ledoux. She reported
that the associate members that the Peabody Commission has pushes
the bounds of what is legal and that their votes could be
challenged. She stated that North Andover has by laws which
allow associate members. She will request that 3 or 4 Associate
membeN be appointed to the Commission.
V_0A-\Jo"
Debbie Hurlburt reported that Cold Springs is being tested as
a possible source of drinking water by the Board of Health,
as per the City Council Order.
Betsy Horne reported that the Greenlawn Cemetery has decided
to go ahead and use aquazine. She noted that the information
from DEP regarding aquazine has been forwarded to Bob Blenkhorn,
and he is aware of the restriction of 12 months before the water
can be used for drinking.
APPROVAL OF MINUTES
The minutes of the meeting of April 8, 1993 were presented for
approval. Motion made by Tom Walsh to approve the minutes of
the meeting of April 8, 1993 as amended, seconded by Abby Burns
and approved unanimously.
• The minutes of the meeting of April 22 , 1993 were presented
4
• for approval. Motion made by Bob Crowley to approve the minutes
of the meeting of April 22, 1993, as amended 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 Tom Walsh 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
CC052793
•
• 5
Z C"isff vafion COmmi& ioan
Salem. Massachusetts 01970
44A ISIS n J�
U
CONSERVATION COMMISSION riv
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, June 10, 1993 at 7 :00
p.m. , One Salem Green, second floor conference room.
Bets Hornell
Chair
TENTATIVE AGENDA:
• 1. Draft Order of Conditions - Clark Avenue - David Colpitts �&VL,�,
2 . GTE/Sylvania update . �� S ' rv`
3 . Old/New Business � ,,, �' J �jS
-Tri-City Sales l p�tw� jV- 1 /
-Mason Street - Andy Weinstein
4. Approval of Minutes
-May 13, 1993
-May 27, 1993
EX\DH\CC061093
•
CITY OF-SALEM
CONSERVATION CO&MISSION
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 Mason Realty Trust.The proposal involves the
filling and regrading of parking lot within a Buffer
Zone at 53 Mason Street.The hearing will be held
on Thursday,June 24,1993 at 7:00 p.m.,One Salem
Green, second floor conference room.
BETSY HORNE, Chair
June 17, 1993 SN20594
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 South Essex Sewerage District. The proposal
involves the roadway reconstruction and traffic
control improvements from Collins Street/Webb
Street intersection to Columbus Square.This hear-
ing will be held on Thursday,June 24,1993 at 7:00
p.m., One Salem Green, second floor conference
room.
BETSY HORNE, Chair
June 17, 1993 SN20593
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 Robert Bouchard. The proposal involves
sfthe
construction of a single family dwelling,
and
sewage disposal system, driveway,
landscaping in a Buffer Zone at 23 Linden Avenue,
Map 30,Lot 90.This hearing will be held on Thurs-
day,June 24,1993 at 7:00 p.m.,One Salem Green,
second floor conference.BETSY HORNE, Chair
June 17, 1993 SN20592
ss. owever, some camps are the week
eady filled. - Pop Warn
he following list is of camps Varisty age
at have some space remaining: Jocks an
Adventure Camp, a one week weeks of J
mp for boys and girls complet- boys and gi
g grades 2-4 the week of July 26. through 3.
Adventure Camp Too, a one Soccer Ce
ek camp for boys and girls 19 for stude
mpleting grades 5-8 the week of 2-5,
ily 19. Socer Can
Art Camp, the week of July 19, 5 for studen
r students completing kinder- 6 to 9.
rten through grade 4. Softball H'
Baseball Camp, the week of ofAug.2for
ly 12 for students ages 8-12. Tennis Cam
Baseball Camp the week of July 12 and Aug,
for students ages 8-12. ages.8 to 16.
Baseball Hitting Camp the Tennis C
eek of July 5 for students ages 8 July 5 and
13. girls who ar
Basketball Camp the week of or intermed.
my 12 for boys and girls com-
leting grades 6-12. "
• LYNNFI
deeds cone
Lynnfield w
try of Deeds.
Richard Dreyfuss Robert Redford Helen Ter
Mercetles RueAf Demi Moore
LOST IN Woodyllanelson
INDECENT
ONKERS PROPOSAL
(PG)
\UN Cp��
z Conservatim
Commissi I1
N Salem. Massachusetts 01970
7
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, June 24 , 1993 at 7 : 00
p.m. , One Salem Green, second floor conference room.
o
Betsy Horne
Chair
• TENTATIVE AGENDA:
1 . GTE/Sylvania update presentation by Ed Hawkins of GZA--
2 . Notice of Intent - 53 Mason Street � l.!)C✓
1
3. Notice of Intent - 23 Linden Avenue
4 . Notice of Intent - Webb Street/Fort Avenue
5. Draft Order of Conditions - Clark Avenue - David Colpitts
6 . Old/New Business
-Tri-City Sales
7 . Approval of Minutes
-May 13, 1993
-May 27 , 1993
EX\DH\CC062493
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JUNE 24, 1993
A regular meeting of the Salem Conservation Commission was held
on June 24, 1993 at 7: 00 P.M. in the second floor conference
room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Chris
Fent, Richard Arms, Bob Crowley, Abby Burns, and Fred Harney
( 8:00 ) . Also present were Conservation Administrator Debbie
Hurlburt, and Eileen Sacco, Clerk.
GTE / SYLVANIA - UPDATE PRESENTATION BY ED HAWKINS OF GZA -
GLASS LANDFILL CLOSURE
Ed Hawkins of GZA addressed the Commission and stated that at
the end of May he contacted Arun Shah of the project manager
for Solid Waste Disposal at DEP and submitted the final plans.
He noted that the plan has been given verbal approval and that
they are waiting for the letter of approval.
He also reported that the Salt Marsh Restoration Plan was
submitted to the Conservation Commission in late May, noting
that Dr. Hugh Mulligan has made comments and that they are
willing to work with the Commission on issues that they consider
reasonable. He also suggested that the Public Hearing could
be closed.
Betsy Horne noted that the Commission members need to review
the comments made by Dr. Mulligan, as well as comments from
an expert who reviewed the plans, and made comments as well. -
She suggested that the members review the comments and that
the Public Hearing should be left open until July 8 .
Betsy Horne also read a letter from Ward Seven Councillor Mark
Blair expressing his concern that the glass should be removed
from the site.
Betsy Horne suggested that GZA review the comments from Gulf
of Maine and Betsy' s Expert and respond in writing well before
the next meeting, so that the members of the Commission can
review the response prior to the next meeting. Ed Hawkins
expressed his concern about the possibility of conflicting
comments . Betsy Horne stated that he should address those
matters with her if there are any.
Chris Kent addressed Mr. Hawkins and stated that he would prefer
to see the glass fill removed from the site. Mr. Hawkins stated
that there is no technical or environmental reason to remove
the material. He explained that they are taking the material
from the salt marsh and distributing over the area to be capped,
1
noting that thelincrease in elevation would be a maximum of
S [eight feet, and *he shape and lay of the land would remain the
same. He further stated that they feel comfortable from an
environmental and pragmatic standpoint. Chris Kent asked what
the objection would be to removing the material. Mr. Hawkins
stated that the material will help to restore the area to grade,
and that a significant amount of sand would have to be brought
in. He also stated that this has been an issue for the last
year and a half and that they have addressed all of the concerns
raised. He further stated that there has been a lot of time
for comments and that it is late to have to start all over again.
Betsy Horne asked if there was anyone present at the meeting
who wished to comment.
Ellen Galligan of 22 Cleveland Road addressed the Commission
and stated that the neighbors are opposed to the plan as set
forth, and that it is no news to the Commission or the State
that they want the glass removed from the site. She noted that
they have had to live with it long enough and that it should
be removed. She also requested copies of the comments made
by GMRI and Betsy' s Expert.
Tom Capano of 139 Loring Avenue addressed the Commission and
asked who would be monitoring the maintenance of the site after
completion of the project. He noted that he has had problems
with GTE in the vast regarding maintenance and wondered who
would monitor GTE. Mr. Hawkins stated that there are monitoring
plans in place that GTE has committed to by submitting the plan.
He stated that he could assure those present that GTE has
indicated that they would monitor and take responsibility for
the salt marsh restoration and other issues. He also suggested
that ronitoring of maintenance could be a condition of the
Conservation Commission approval.
s
Richard Arms suggested that he would like to have time to review
the comments and the response from GZA for the next meeting.
Abby Burns asked what retribution the city would have if the
monitoring does not happen. Betsy Horne stated that the
Commission could require a performance bond for the project.
Chris Kent asked if they investigated possible locations that
would accept the glass fill if it were to be removed. Mr.
Hawkins stated that they have not investigated location to accept
the fill because it has been their position all along to cap
the site. He noted that they could probably find a place to
accept it if they had to.
Abby Burns asked what the composition of the cap would be.
Mr. Hawkins explained that there would be 6 inches of sand over
regraded glass, covered by a geosynthetic membrane that would
be 60 ml thick sheets of plastic that will be laid over the
2
• 1
. glass fill. The next layer would be 12 inches of sand, covered
with 6 inches of loom and seeded.
Betsy Horne expressed her concerns about the effects of the
opening and closing of the tidal gates at Forest River on the
project. Ed Hawkins stated that if GTE were to issue a
performance bond for the project they would want assurances
that the conditions of the salt marsh would not be hampered
by occurrences beyond their control. Dr. Mulligan suggested
that they should maximize the low salt marsh and minimize the
high salt marsh, noting that tidal gates would not have a
significant impact if the area is restored to the low marsh.
Ed Hawkins stated that the intent of the restoration is to
restore the area to its previous condition.
Ann Fournier of 5A Cleveland Road Ext. addressed the Commission
and stated that thelass does not belong there and that last
g g
year they were told that the glass would be too expensive to
remove, not that they need the glass to restore the land.
There being no further questions or comments at this time, a
motion was made by Bob Crowley to continue the Public Hearing
until July 8, 1993, seconded by Abby Burns and approved
unanimously.
NOTICE OF INTENT - 53 MASON STREET - ANDY WEINSTEIN
Andy Weinstein addressed the Commission and explained his
proposal to grade his property at 53 Mason Street. He also
noted that he had been before the Commission previously to get
information regarding his plans. He explained that he plans
to grade the area and fill the area with a combination of clean
6-8" stone and bank gravel. He noted that he is leaving a 6 ' -
buffer zone along the North River which will be loomed and
seeded, along with a 2 : 1 pitch which will be also seeded. He
also explained that approximately 70 ' section of the upper
parking area will be graded and 2 inches of Lynn pack will be
added to bring it to grade with the existing hot top. Ile also
stated that a siltation fence will be installed along the
perimeter of the buffer zone.
Abby Burns asked how the plan fits with the plans of the state
for the new road to be constructed as part of the Salem Beverly
Bridge project. Mr. Weinstein stated that he has tried to obtain
a copy of the states plans, but has been unable to do so, noting
that is the reason for the six foot buffer zone.
Betsy Horne stated that she felt that it was important to find
out what the state ' s plans are, and suggested that a site visit
would be appropriate. It was decided to have a site visit on
Monday, June 28, 1993 at 8 :00 A.M.
• Motion made by Abby Burns to continue the Public Hearing to
3
July 8, 1993, seconded by Fred Harney and approved unanimously.
NOTICE OF INTENT - 23 LINDEN AVENUE
Robert Bouchard was present at the meeting with John Dick of
Hancock Survey, to request approval of a Notice of Intent for
the construction of a single family dwelling and subsurface
sewerage disposal system, with a driveway, utilities and
landscaping in a buffer zone. Mr. Dick explained the proposed
plans to the Commission. He noted that the dwelling would be
at minimum setback and the nearest corner of the septic system
would be approximately 62 feet from the pond.
Betsy Horne noted that this is the first title 5 that has come
before the Commission since she has been a member. She asked
Mr. Dick what the possibility would be of tying into the
municipal sewer system. Mr. Dick stated that the sewer system
does not go that far. The Commission reviewed the sewer maps
for the City.
Bob Crowley asked Mr. Dick to explain what the reserve area
is. Mr. Dick explained that a reserve area is a spare area
set aside to be used in the event that the system fails and
a new system needs to be installed.
Richard Arms asked to have the location in relation to the pond
explained. Mr. Dick stated that the septic system would be
62 feet from the pond, the foundation would be 44 feet from
the pond, and closest corner of the house to the water would
be 25 feet.
Betsy Horne asked if there was anyone present who wished to
comment on the matter.
Wilbur Bass of the Marblehead Water and Sewer Commission
addressed the Commission and stated that they are opposed to
the project because they are concerned about the quality of
water, and noted that they maintain an emergency water supply
there. He also presented a letter of opposition from Dana Snow,
of the Marblehead Water and Sewer Commission. Mr. Bass also
noted that a 1978 Order of Conditions from DEQE concerning Mackey
Pond and Tedesco Pond, states that the City of Salem is required
to maintain the water quality of the ponds. Debbie Hurlburt
stated that she would locate the Order and include it in the
next meeting package.
Richard Arms asked Mr. Dick to comment on Mr. Bass ' s remarks.
Mr. Dick asked Mr. Bass if there was a water supply in the area
now. Mr. Bass stated that they have a gravel well located in
the left hand side of the northeast corner of the pond, noting
that in an emergency they could use the water supply for the
Town of Marblehead.
4
Mr. Bouchard stated that at present all of the drainage from
Vinnin Square goes into the pond.
Betsy Horne stated that she thought that a site visit would
be in order. It was decided to hold a site visit on Monday
June 28, 1993 at 7:30 A.M.
Motion made by Richard Arms to continue the Public Hearing until
July 8, 1993, seconded by Abby Burns and approved unanimously.
NOTICE OF INTENT - WEBB STREET / FORT AVENUE - SESD
Atty. John Darling representing SESD addressed the Commission
and stated that this project is an adjunct project to the
Secondary Sewerage Treatment Plant which has been before the
Commission previously. He noted that during negotiations for
that project it was agreed that this project would be undertaken
to mitigate the noise and truck traffic in the Webb Street /
Fort Avenue area, and to reconstruct the intersection of Webb
and Essex Street. He also noted that traffic control
improvements would include placement of regulatory signs and
school zone speed limit signals, and the installation of a
traffic signal control at Webb and Essex Street.
Atty. Darling stated that the area is considered Land Subject
to Flooding and the project would not result in any loss of
flood storage and there would be no changes in the drainage
patterns, as existing drainage would be maintained. He noted
that for these reasons, there would be no project related adverse
impacts to the wetlands interests of flood control and storm
prevention. He also noted that they were bringing this project
before the Commission in an effort to give the Commission the
determination of the project. He stated that they had considered
filing a Determination of Applicability, but decided to file
a Notice of Intent to give the Commission the option of approving
the NOI or finding a Determination of Non Significance.
Fred Harney asked what method of paving they would be using.
Mark Braiewa of Rizzo Associates stated that they would be co-
planing and grinding the pavement.
Betsy Horne opened the meeting up for public comment at this
time.
Patty Rutkowski, Joe Szymanski, and Mrs. Martin of H & H
Propeller stated that they attended the meeting becuase the
notice that they received stated that traffic concerns would
be addressed. Mr. Braiewa reviewed the traffic control changes
proposed for them. They stated that they have no problem with
the project.
There beingno further comments or questions at this time a
motion was made by Abby Burns for a Determination of Non-
5
Significance, seconded by Tom Walsh and approved unanimously.
DRAFT ORDER OF CONDITIONS - CLARK AVENUE - DAVID COLPITTS
Betsy Horne informed the Commission that Atty. Vitale has
reviewed the draft Order of Conditions and it seems that they
were taken aback, by them. She stated that Atty. Vitale indicated
that they were in excess of what was required of Julie Armstrong
and Paul Claveau. Betsy also noted that Mr. Colpitts has
indicated that he may give up on the project due to financial
constraints , and the conditions set forth by the Commission
add to that problem. She asked the Commission for their opinion
of the Conditions. All of the members agreed that they were
in agreement with the proposed conditions. Betsy asked the
members if there was any room for compromise.
Abby Burns questioned if it would be in the interest of the
city to make it hard for the project to move forward, or would
it be better for the wetland to have the project move forward.
Debbie Hurlburt stated that she got the impression from Mrs.
Colpitts that the amount of the bond would be a problem. She
also noted that the cost of the Clerk of the Works could be
a problem as well.
Richard Arms suggested that the Commission could let go of either
• the Bond or the Clerk. He also noted that they need to get
a Certificate of Compliance from the Commission before they
can sell the property, if that is what they want to do.
Betsy Horne will check with City Solicitor Bob Ledoux about
the where the Commission stands with this matter in the event
that Mr. Colpitts decides to give up the project.
OLD/NEW BUSINESS
Tri-City Sales
Debbie Hurlburt reported that the fence has not yet been put
up. She noted that a surveyor went out there and she will find
out the status of the matter on Monday.
Salem High School
Betsy Horne reported that she has made several phone calls to
Mayor Harrington, but has been unable to reach him.
Other Business
Debbie Hurlburt reported that the fence is up at Bertini ' s and
the trees have been planted.
• Debbie Hurlburt reported that the yearly operational report
6
• from AmTrack has been received.
Debbie Hurlburt distributed new copies -of the- Gede ^f
mas-,�ha t - "' ; ' aliens, 310. w 40
Berrywood Lane
Debbie Hurlburt reported that there is a parcel of open space,
owned by the Conservation Commission, on Berrywood Lane. She
also noted that there is a potential buyer for one of the lots
that abuts the land and the buyer has requested that the City
either put up a fence or post a sign designating the times for
the use of the open space. She will check into the matter to
see if this has been done before.
APPROVAL OF MINUTES
The minutes of the meeting of May 13, 1993 were presented for
approval. Motion made by Chris Kent to approve the minutes
of the meeting Y of May 13, 1993 as amended, seconded by Abby
Burns and approved unanimously.
The minutes of the meeting of May 27, 1993 were presented for
approval. Motion made by Abby Burns to approve the minutes
of the meeting of May 27, 1993, seconded by Richard Arms and
approved unanimously.
• Richard Arms read his letter of resignation from the Conservation
Commission. He specifically mentioned the
Commission to the P
hard work and dedication of Betsy Horne and Debbie Hurlburt.
Betsy Horne thanked Mr. Arms for his support, and his service
to the Commission, noting that he will be missed.
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 Bob Crowley and approved unanimously.
The meeting was adjourned at 10:30 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC062493
7
..XON C���
A�
=� �Z C nservafim Commission
Salem. Massachusetts 01970
• VASS
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, July 8, 1993 at 7 : 00
p.m. , One Salem Green, second floor conference room.
Betsy Horne
Chair
TENTATIVE AGENDA:
1 . Continuation - GTE/Sylvania k �c6kt6-�vm `T l,b SC lu-
• 2 . Public Hearing for a Request for a De ermination of
Applicability - 140 Bay View Avenue )fdcjc(I or "'L"
3 . Public Hearing for a Notice of Intent - NEPCO - Waite and
Planter Streets
Continuation - Clark Avenue - Draft Order of Conditions
ZZ discussion with Attorney Rick Vitale
5 . Continuation of a Public Hearing - 53 Mason Street
6 . Continuation of a Public Hearing - Linden Avenue
7 . Old/New Business g9flnc a S�G� rS -fv4�, '-Neu�
8 . Approval of Minutes Y'
C. ,
-June 24, 1993 —H , -
w v� �o
EX/DH/CC070893 t'�('
•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JULY 8, 1993
A regular meeting of ,the Salem Conservation Commission was held
on Thursday, July 8, 1993 at 7:00 P.M. , in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Abby Burns, Chris
Kent, Bob Crowley, and Fred Harney. Tom Walsh was absent.
Also present were Conservation Administrator, Debbie
Hurlburt and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - GTE/SYLVANIA - LORING AVE
Fred Harney recused himself from discussion of this matter.
Ed Hawkins addressed the Commission and reviewed their responses
to the comments made by Gulf of Maine and "Betsy' s Expert" .
He stated that they have no additional information at this time.
The Commission reviewed the responses to the comments.
Bob Crowley asked about the difference in high and low marsh
vegetation. Ed Hawkins stated that there is a difference in
• the type of vegetation that constitutes a high and a low marsh.
He noted that they are concentrating on the high marsh. He
also stated that there are indications from aerial photographs
that the area was originally high marsh. 6 & kk
Abby Burns questioned when Sylvania was built. Mr. H wkins
r
stated that it was built in 1936 and the salt marshSccas filled
at that time. He also pointed out that no additional wetlands
have been consumed since the 1950 's.
Abby Burns asked if there was a possibility that they may restore
the low marsh as well. Mr. Hawkins stated that there is a chance
that the low marsh would be restored as well. He also stated
that they need to determine that, and will restore w4a+-�ej+ f, lc�t. of
ba4(,d �n t euv0 (a,a w ewcfc� get to-reed, �C(,
bt.tc:q eaccaucic� Ui<lR 1 Mrv.L
Betsy Horne asked about the effect of the tidal gates on the
project. She asked Hugh Mulligan if he had any comments to
make. Dr. Mulligan stated that the tidal gates are something
that the Commission can deal with anytime. He estimated that
closing the gates 10 times would mean that the gates would be
closed about 2/7 of a week period. He also suggested that before
the season for closing the gates, the plantings should be
established.
C^,rtes L o
Ed Hawkins stated that they intend ba-get the excavation -don
• - fall and get-`_4e planting de.^.ems-ear-ly-as-pass3ble.i� �
1
Mr. Hawkins also noted that they have assessed the tidal gate
• situation and that they will monitor the area. He further noted
that he felt that the tidal gates would have minimal impact.
Betsy Horne noted that it has been suggested that a qualified
biologist be on the site. Ed Hawkins stated that they have
a Wetlands Scientist who would be on the project.
Betsy Horne referred to the 3-1 slope and cited CMR 310:40,
regarding drainage on the glass landfill. Ed Hawkins explained
the sheet flow onto the lower most portion of the slope.
Abby Burns questioned the use of herbicides and suggested that
there are other methods that can be used.
Dr. Mulligan suggested that given the fact that the tidal gates
would be closed occasionally, if a large amount of plants are
planted, more of them would take and the process would be
quicker.
Chris Kent asked how long they plan to monitor the project.
Ed Hawkins stated that they plan to monitor it for two years,
and are prepared to monitor it for five years, or what the Order
of Conditions states.
Betsy Horne asked if there was anyone present at the meeting
• that wished to comment on the plan. There was no response.
Betsy Horne reviewed a list of concerns that was compiled from
the minutes to the meetings, since the start of the public
hearing.
Abby Burns asked what would happen if the cap fails. Ed Hawkins
stated that they feel comfortable that the cap is designed not
to expect failure. He stated that they have stringent
specifications as specified in the closure design report.
Q4,eauw 4(k Gp p li.� ` � '� At'f-dv cued C "� &'Q-" k 6C61-c f�A
There being no further questions or comments at this time, a
A motion was made by Abby Burns to Close the Public Hearing for
the GTE/Sylvania Land Fill Closure and the Salt Marsh Restoration
project, seconded by Bob Crowley and approved unanimously. o
Betsy Horne stated that she would try and get a draft Order
of Conditions to GTE before the next meeting, and the Commission
would discuss the matter at the next meeting in two weeks.
Ed Hawkins thanked the Commission for all their time over the
last two years and stated that it has been a pleasurable
experience.
• PUBLIC HEARING - REQUEST FOR DETERMINATION OF APPLICABILITY-
2
140 BAYVIEW AVENUE
James Michaud and Fletcher Hall addressed the Commission to
request a Determination of Applicabilty for 140 Bayview Avenue.
Mr. Michaud stated that he plans to put a new foundation under
the rear of the house, close in the porches, and enlarge a rear
deck. The Commission reviewed the plans for the project.
Abby Burns stated that she felt there was no problem.
Betsy Horne asked what they would be using for heavy equipment.
Mr. Michaud stated that they would be using a back hoe.
There being no further questions or comments from those present,
a motion was made by Abby Burns for a Negative Determination,
with special conditions, seconded by Chris Kent and approved
unanimously.
PUBLIC HEARING FOR A NOTICE OF INTENT - NEPCO - WAITE AND PLANTER
STREETS
Richard Murdock of GEI Consultants addressed the Commission
on behalf of New England Power Company. Also present were Joe
Callahan, Environmental Engineer for NEPCO, and Mark Mahoney
also of GEI.
• Mr. Murdock explained that they are seeking an Order of
Conditions Phase II of an Environmental Site Investigation,
being conducted at Waite and Planters Street. He stated that
the work involves the installation of monitoring wells and
excavating both test pits and shallow hand excavations. Mr.
Murdock also noted that the site is on the 21E list. He also
explained that the first phase of the project, which was a
limited site investigation was completed in September of 1992.
Fred Harney asked to see a copy of the original Order of
Conditions.
Abby Burns asked what the next phase of the project would be.
Mr. Murdock stated that the project has direct DEP supervision
and they will comment soon on the scope of the work that has
been submitted. He also stated that it would be a while before
anything is done.
Chris Kent asked if they have finished the Phase I report for
the project. Mr. Murdock stated that it was complete and had
been submitted to DEP in September.
Betsy Horne asked members if they felt that a site visit would
be in order. Bob Crowley stated that he did not feel it was
necessary, since there is not much to see out there.
• The Commission reviewed the original Order of Conditions. It
3
• was noted that a condition was made that a copy of the report
• for Phase I be sent to the Commission. Debbie Hurlburt noted
that the report was never received. Mr. Murdock stated that
he has just started working on the project, but he would see
that the Commission gets a copy of the report. It was also
noted that the Order of Conditions had a restriction on the
working hours of the project.
Betsy Horne opened the hearing up to Public Comment.
Henry Casey of 25 Planter Street, stated that he would be
interested in seeing the report from phase I. Betsy Horne
informed him that the report would be made available to him
when the Planning Department receives it.
There being no further questions or comments from those present
at this time a motion was made by Abby Burns to close the Public
Hearing, seconded by Chris Kent and approved unanimously.
Betsy Horne asked the applicant to return to the next meeting
of the Commission in two weeks to receive an Order of Conditions.
CONTINUATION OF A PUBLIC HEARING - 53 MASON STREET
&WaAhb'"( 4RD4c 61- Pcia 'Xh- d
Andy Weinstein ad ressed the Commission and stated that he
reached the Stat , and found out that an r
• d, and the area near his property i - .�
e id note that the State wants to
reconstruct the canal, and his proposal involves
no grading withi feet o the ca;al.
kJ Otaq o�aw-r'r
Mr. Weinstein stated that his plans call for a 2-1 slope from
the present 121 -1 slope, and that would make the slope less
steep than it is today.
Betsy Horne noted that at the site visit, a concern was raised
about fire. Bob Crowley stated that as the brush grows it dries
out and there could be a potential for fire, but cutting them
down would take care of the problem.
There being no further questions or comments at this time a
motion was made by Abby Burns to close the public hearing,
seconded by Chris Kent and approved unanimously.
Betsy Horne asked the applicant to attend the next meeting of
the Commission in two weeks for an Order of Conditions.
CONTINUATION OF A PUBLIC HEARING FOR 23 LINDEN AVENUE
Mr. Robert Bouchard owner of the property, and John Dick of
Hancock Engineering were present at the meeting.
• Betsy Horne noted that the Commission held a site visit to the
4
property. She noted that it was interesting to see that the
area had no municipal sewer system.
Chris Kent suggested that perhaps some of the money that the
city will get for compensation from SESD could be used to install
sewer systems in that area.
Debbie Hurlburt presented a letter from the Board of Health
supporting the project.
There being no further questions or comments at this time, a
motion was made by Bob Crowley to close the public hearing,
seconded by Abby Burns and approved unanimously.
Betsy Horne asked the applicant to attend the next meeting of
the Commission in two weeks to receive an Order of Conditions.
Betsy Horne read a letter to the Commission that she wrote to
Mayor Neil Harrington, concerning the lack of a municipal sewer
system on Linden Avenue Extension.
CONTINUATION - CLARK AVENUE - DRAFT ORDER OF CONDITIONS -
DISCUSSION WITH ATTORNEY RICK VITALI
Atty. Vitali addressed the Commission and stated that his client
David Colpitts has been through a long process and he has
• financial limitations. He also stated that his client has made
a good faith effort to satisfy the Commission, by accommodating
suggestions. He noted that Mr. and Mrs. Colpitts want to proceed
and he requested that the Order of Conditions be closer in
conditions to those issued to Mr. Claveau and Ms. Armstrong.
Atty. Vitali stated that some of the proposed conditions such
as the bond and the hiring of a Clerk of the Works are
unattainable for Mr. Colpitts due to his financial situation.
Betsy Horne explained how she arrived at the proposed conditions
to Atty. Vitali. She noted that the configuration of Mr. Colpitts
lot is different from Mr. Claveau and Ms. Armstrongs property.
Betsy Horne reviewed each of the Conditions with Atty. Vitali
and discussed changes to them. It was decided that the
Commission would drop the request for a bond and the Clerk
of the Works will only oversee certain portions of the project
as specified in the final Order of Conditions which will be
voted on at the next meeting.
Atty. Vitali presented a letter authorizing the Continuation
of the decision until the next meeting of the Commission on
July 22, 1993.
OLD / NEW BUSINESS
• Betsy Horne read a letter to the Commission that she wrote to
Richard Arms, thanking him for his service to the Commission.
5
• Bertini Property
Debbie Hurlburt informed the Commission that the work on the
Bertini property has been completed and showed photographs of
the completed work.
Correspondence
Debbie Hurlburt reported that she received notification that
Amtrack will be doing their vegetation management from July
18 - July 31 , 1993.
Debbie Hurlburt informed the Commission that she received
notification that B & M will be spraying for weed control on
July 5, 1993.
Debbie Hurlburt informed the Commission that the Planning Board
will be holding Public Hearings for Wetlands Flood Hazard Special
Permits for GTE and Nicholas Fiore. She noted that they request
comments from the Commission and other city boards as part of
the Public Hearing process.
Debbie Hurlburt also informed the Commission that the Planning
Board will also be considering an 8 lot Definitive Subdivision
• Plan for Durkin Road and Mooney Road.
Salem High School
Betsy Horne reported that she went to the site behind Salem
High School where the dumping has been going on and found that
the area has been bull dozed. She also reported that she has
made several phone calls to Mayor Harrington regarding the
matter, but she has received no response.
APPROVAL OF MINUTES
The minutes of the meeting of June 24, 1993 were presented for
approval. Motion made by Fred Harney to approve the minutes
of the meeting of June 24, 1993, 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 Chris Kent 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
CC070893
6
CITY OF SALEM
CONSERVATION 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 the City of Salem,Department of Public
Services.The proposed work,located near the rear
lots off Valley Street from approximately Gallows
Hill Road to Parlee Street footbridge,consists of
cleaning a small stream accumulating debris such
as leaves,branches,etc.The Request will be heard
on Thursday,July 22;1993 at 7:00 p.m.,One Salem
Green, second floor conference room.
BETSY HORNE, Chair
July 15, 1993 SN1940.T
`SON Cp��
tai
1� Conservation Commissim
z
Salem. Massachusetts 01970
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, July 22 , 1993 at 7 : 00
p.m. , One Salem Green, second floor conference room.
Betsy Horne' � �
Chair
TENTATIVE AGENDA:
1. Request for a Determination of Applicability - City of Salem
• Rear of Valley Street
2 . NEPCO - Waite and Planter Streets - Discussion regarding
issuance of Order of Condition
3 . 53 Mason Street- Discussion regarding issuance of Order of
Conditions
4 . Linden Avenue - Discussion regarding issuance of Order of
Conditions
5 . Clark Avenue - Discussion regarding draft Order of Conditions
b. GTE/Sylvania - Discussion regarding issuance of Order of
Conditions
7 . Old/New Business
-Tri-City Sales
-330 Jefferson Avenue
8 . Approval of Minutes
-July 8 , 1993
• EX\DH\CC072293
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
JULY 22, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 22, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Abby Burns, Tom
Walsh, Fred Harney, Bob Crowley and Chris Kent. Also present
were Conservation Administrator Debbie Hurlburt and Eileen Sacco,
Clerk.
Betsy Horne announced to those present that the discussion of
the Order of Conditions for GTE/Sylvania is the sixth item on
the agenda.
REQUEST FOR DETERMINATION OF APPLICABILITY - CITY OF SALEM
REAR OF VALLEY STREET.
Acting City Engineer Charles Quigley addressed the Commission
and explained that at the rear of Valley Street there is a
resource area that has been accumulating debris for the past
couple of years. He also stated that past attempts by the city
to solve the problem have been unsuccessful. He noted that
• the water is flowing backwards and he observed muskrats, and
mosquitoes in the area. He stated that by leaving the area
in this condition , the city is driving people from their
property, as they are unable to use their yards.
OPS
Mr. Quigley explained that intendsto clean out the debris
and direct the flow towards the foot bridge. He noted that
the debris is causing the backwards flow, and over the course
of the years trees have fallen in there causing the resource
area to dam up.
Abby Burns asked if there was any dumping going on there. Mr.
Quigley stated that he was not aware of any.
Mr. Quigley explained that he intends to send crews in there
with chain saws , and if that is not adequate then they may
possibly use a small bobcat. He noted that if the problem is
not taken care of it may ultimately cause problems for the city.
Bob Crowley stated that he felt that the work needed to be done.
Kent asked how the plan to access the property with the
Chris e t y _
equipment. Mr. Quigley stated that they plan to enter and start
at the foot bridge.
• Betsy Horne asked if there was anyone present at the meeting
who wished to speak CLn the proposal.
1
I�
• Mr. Jack Anderson of 79 Valley Street addressed the Commission
and stated that he has spent the last seven years working on
this and has had no results. He noted that on September 23,
1989 the Commission had a site visit to the property and at
that time the city was going to take care of the problem, he
expressed his hope that this time it would take care of the
problem.
Mr. Clark of 81 Valley Street addressed the Commission and
described the condition of the property. He noted that he does
not feel that chain saws and back hoes would solve the problem.
He expressed his concern that the proposal is not adequate,
and requested that the matter be investigated further. Betsy
Horne noted that the Commission can only act on the proposal
submitted to them, and stated that this seems like a short term
proposal, and if they plan to do anything long term, they would
need to come back to the Commission.
Mr. Quigley stated that the intent of this proposal is to bring
the spring bed back to its original level so that when sand
and grit comes through the storm drain into the stream, there
is a settlement of sand from the stream. He stated that his
plan at a minimum would meet the original spring bed flow.
Chris Kent asked if there was a likelihood that the work could
cause more erosion. Mr. Quigley stated no.
• There being no further questions concerning the proposal, a
motion was made by Abby Burns for a Negative Determination with
two special conditions, seconded by Tom Walsh and approved
unanimously.
NEPCO - WAITE STREET AND PLANTERS STREET - DISCUSSION REGARDING
ORDER OF CONDITIONS
Tom Lawless and Mark Mahoney addressed the Commission on behalf
of their client NEPCO, to discuss the issuance of an Order of
Conditions.
Fred Harney asked if the Commission had received a copy of the
report of the testing done in phase one, as required by the
Order of Conditions issued. Debbie Hurlburt stated that she
has received the report.
Abby Burns asked who would be supervising the removal of the
first c.f. of soil as stated in the proposal. Mr. Lawless stated
that they would submit a schedule prior to the start of the
work. Betsy Horne noted that the Commission could require that
they hire the Clerk of the Works at their own expense to oversee
that.
• Betsy Horne suggested that they do the work at Low Tide. Mr.
Mahoney suggested that the Commission specify a`distance�f
2
greater than 60 feet to perform the work in.
• ^
There being no further question or comment at this time a motion
was made by Chris Kent to approve the Notice of Intent with
seven special conditions, seconded by Bob Crowley and approved
unanimously.
53 MASON STREET - DISCUSSION REGARDING ISSUANCE OF ORDER OF
CONDITIONS
Andy Weinstein was present at the meeting for a discussion
regarding the issuance of an Order of Conditions for his proposal
to grade his property at 53 Mason Street.
Betsy Horne noted that a concern was how to deal with the
proposed six foot buffer zone, and the possible plans that the
state has for the area. She asked if the members were
comfortable looming and seeding the area. The members indicated
that they agreed.
Betsy Horne suggested that the brush along the property should
be kept down to 6-8 inches. She also suggested that the silt
fence should be installed along the perimeter of the buffer
zone.
Fred Harney stated that the plan calls for Lynn Pack and that
• no hot topping should occur without the approval of the
Commission.
There being no further discussion of the matter, a motion was
made by Tom Walsh to issue an Order of Conditions with 15 special
conditions, seconded by Bob Crowley and approved unanimously.
LINDEN AVENUE - DISCUSSION OF ISSUANCE OF ORDER OF CONDITIONS
Robert Bou hard was present at the meeting to discuss the
issuance an Order of Conditions for his proposal to build
a single f mily dwelling, and subsurface sewerage disposal
system, with a driveway and utilities in the buffer zone.
Betsy Horne noted that the Commission had a site visit to the
property, and closed the public hearing at the last meeting
on July 8, 1993 . She also suggested that the applicant provide
for a buffer zone between the lawn and the resource area as
the neighbors next door have done.
The Commission reviewed the list of special conditions.
There being no further comment on the matter, a motion was made
by Abby Burns to issue an Order of Conditions with 17 special
conditions, for Robert Bouchard Linden Avenue, seconded by Fred
• Harney and approved unanimously.
3
CLARK AVENUE - DISCUSSION OF DRAFT ORDER OF CONDITIONS
• Atty. Rick Vitale was present at the meeting representing his
client David Colpitts. Atty. Vitale addressed the Commission
and stated that his client has serious concerns about his ability
to get financing for his project, because of the proposed
conditions. He requested that the Commission postpone voting
on the Order of Conditions , so that he can take them to some
financial institutions and see how they would effect financing.
Betsy Horne cautioned Atty. Vitale that the Commission is not
willing to make many more changes to the proposed conditions.
Atty. Vitale indicated that he understood that. He also stated
that if they cannot get financing, they will be unable to go
forward with the project, and they need to see if any of the
conditions would hold back financing.
S cc-'c-Q
The members agreed to extend the vote on the OrLr_ of Conditions
for Clark Avenue, until September 9 , 1993. Betsy Horne asked
that they get a list of any concerns to Debbie Hurlburt by Labor
Day, so that the Commission can review them prior to the
September 9 , meeting.
GTE/ SYLVANIA - DISCUSSION OF ISSUANCE OF ORDER OF CONDITIONS
Fred Harney recused himself from discussion of this matter.
• Betsy Horne stated that a draft Order of Conditions had been
sent to the members and to GZA for review prior to this meeting.
She also noted that GZA has made comments on the draft conditions
and Dr. Hugh Mulligan has prepared some conditions for the
project as well.
The Commission reviewed the draft conditions and the response
from GZA.
Abby Burns expressed her concerns that this landfill is not
a conventional landfill, as are other landfills that have been
capped. She noted that there are other alternatives to capping
this site.
Betsy Horne noted that the applicant proposed this conventional
cap and it is up to them to propose what they want. She also
noted that the life of the cap and the potential for failure
are concerns of the Commission. Betsy Horne asked Ed Hawkins
of GZA, if he wished to comment on the concern. Mr. Hawkins
stated that they were attending the meeting to observe the
proceedings and choose to hold off on any comments at this time.
Betsy Horne noted that the draft conditions indicate that all
other permits need to be in hand prior to the start of
construction. She also noted that they have not yet received
• written approval from DEP. Abby Burns stated that she did not
feel that the Commission could act on this until it gets approval
4
from DEP. Betsy Horne reviewed the letter in the file from
• P(C�N AE4ii Shah of DEP that was written to GZA. She noted that the
r1 letter indicated that the state is not requiring additional
information, and there are no further outstanding issues.
Abby Burns expressed her concerns that if the cap possibly leaks
it could present problems for the new owners. Chris Kent stated
that he thought that the monitoring would be the responsibility
of the title holder. Betsy Horne expressed her concern that
the State may be taking over the property, and Salem State would
be responsible for this.
Abby Burns suggested that the glass should be removed completely
from the site.
Betsy Horne noted that this issue has come up time and again
during the public hearing, as to whether the glass should be
completely removed from the buffer zone. Abby Burns stressed
that if they have not been given final written approval from
DEP that may be a problem. She also asked if they have looked
into removing the glass. Betsy Horne recalled that past
responses from GTE was that they have not looked into it.
Abby Burns suggested that they ask for an extension to issue
the Order of Conditions , so that the Commission could get
additional information. Betsy Horne noted that they would have
to reopen the Public Hearing in order to do that.
• Abby Burns stated that she wants more discussion on the issues
before deciding this matter. Chris Kent stated that it is hard
to get answers from GTE if they are not commenting at this
meeting.
Bob Crowley stated that he did not feel that the Commission
could assume that the project will be approved by DEP even though
the letter from Mr. Shah indicates that.
Betsy Horne asked Mr. Hawkins if they would be willing to reopen
the Public Hearing. Mr. Hawkins stated that they would not
be willing to g—r- �ns-ken-."Uk Au Vuu.�
The Commission discussed requiring GTE to post a bond to insure
that all of the work is satisfactorily completed. Debbie
Hurlburt explained the procedure that was used to arrive at
the $237, 170.00 figure. She explained that they could post
a bond or a tri-partied agreement could be executed.
Tom Walsh stated that the Commission could issue an Order of
Conditions conditional on the receipt of written approval from
the state, and that in the event that the state denied the
project, or if the plan is altered in anyway, the CommissionAs
denial would be retroactive to this date, and by accepting the
• conditions the applicant would waive the right to an appeal
period.
5
• The Commission reviewed the special conditions and the responses
from GZA, and made adjustments. They also reviewed the special
conditions prepared by Gulf of Maine, and added some of those
to the draft conditions .
There being no further questions or comments at this time a
motion was made by Bob Crowley to issue the Order of Conditions
with several special conditions, to GTE/Sylvania, seconded by
Abby Burns and approved unanimously.
OLD/NEW BUSINESS
Tri-City Sales
Debbie Hurlburt reported that Tri-City Sales has cleaned up
the wetland area. She also noted that the area has been surveyed
for the installation of the fence.
Cold Springs
Debbie Hurlburt reported that the testing of the water at Cold
Springs revealed that the water was very unsanitary.
439 Lafayette Street
Debbie Hurlburt reported that she had a request for a Certificate
of Compliance from the Moore' sf 439 Lafayette Street. She
noted that they had done work a ong time ago in the rear of
the property around a swimming ool. She also noted the Will
Beaulieu went out an took pictures and everything is in order.
od-W (yu Ce
Motion made by Abby Burns to issue a Certificate of Esn
for 439 Lafayette Street, seconded by Chris Kent and approved
unanimously.
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 Abby Burns and approved unanimously.
The meeting was adjourned at 10:45 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC072293
• 6
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 Salem Oil and Grease Company.The applicant
proposes paving of a portion of the Buffer Zone,
construction of additions to two buildings and relo-
cation of product storage and transfer structures.
The project will also involve excavation of approx-
imately 66 cubic yards of contaminated soils within
a Buffer Zone at 60 Grove Street,Assessor's Map
16, Lots 236, 237, 238 and 239. The hearing will
be held on Thursday, September 9, 1993 at 7:00
p.m., One Salem Green second floor conference
room.
BETSY HORNE, Chair
September 2, 1993 SN22133
1
..µ)N cConservation Commissim
pi,t'
i
rl� Salem. Massachusetts 01970
•nVASS,
i\C\
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, September 9 , 1993 at
7 : 00 p.m. , One Salem Green, second floor conference room.
Bet;s'y Horne
Chair
TENTATIVE AGENDA:
• 1 . Notice of Intent - Salem Oil and Grease Company - 60 Grove
Street - Dr . Hugh Mulligan, Gulf of Maine Research Inc.
2. Clark Avenue -. Discussion regarding draft Order of Conditions
Attorney Rick Vitali
3 . Discussion regarding violations at rear o£ 330 Jefferson
Avenue vq µ 10l11
4 . Old/New Business .
-Fafard Extension Permits - 64-152 & 64-178
-Certificate of Compliance - Collins Cove Condominium Trust
-Tri-City Sales
5 . Approval of Minutes
-July 8, 1992
-July 22, 1993
Ex\DH\CC090993
•
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAY, SEPTEMBER 9, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 9, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairwoman Betsy Horne, Tom Walsh, Fred Harney,
Chris Rent, and Bob Crowley. Also present were, Conservation
Administrator Debbie Hurlburt, and Eileen Sacco, Clerk.
NOTICE OF INTENT - SALEM OIL AND GREASE COMPANY - 60 GROVE STREET
DR. HUGH MULLIGAN - GULF OF MAINE RESEARCH INC
Marl: Sherfy of Gulf of Maine Research Inc. addressed the
Commission to explain the proposed project. He explained that
they propose to complete a facility improvement project designed
to eliminate worker exposure to contaminated soil and to provide
spill control in loading areas adjacent to the North River Canal,
and bring the site into compliance with Chapter 21E and the
SPCC Regulations. He also noted that the project would involve
the removal of surficial contaminated soil from a portion of
the site and paving several portions of the site.
• Mr. Sherfy explained the soil removal process. He noted that
they plan to excavate approximately 66 cubic yards of surficial
contaminated soil from the former degreasing chamber located
in the Former Tannery Area. He also noted that the approximate
depth would be 6 feet, and after removal of the soil the area
would be back filled with clean fill and graded. Mr. Sherfy
explained that the contaminated soil would be stock piled in
the open area south of the F41rmer Tannery Area, outside of the
buffer zone for three weeks so that it can be tested. The
material will be placed on 0_ 6 mil polyethylene sheeting, and
each pile will be covered with a secured layer of sheeting
and surrounded by staked haybale barriers to prevent
sedimentation into the canal. The material will be transported
by a licensed transporter and disposed of in a hazardous waste
landfill.
Betsy Horne suggested that the Commission have a site visit
to the site. Mr. Sherfy agreed that it would be no problem.
Mr. Sherfy explained the areas that are to be paved. He noted
that the Office Building Loading Area, The Former Tannery Area,
The Truck Turn-around Area, and Portions of the Former
Sulfonation Building Loading Area would be paved. He explained
that the surface in all of these areas currently consists of
Lyn-Pac, with the exception of the Former Tannery Area. Portions
of the Former Tannery Area are vegetated with upland grass and
• Fes , and a large concrete brick slab is also present. He
also explained that the runoff from the Former Tannery Area
• which are vegetated will be directed toward the North River
Canal. He noted that the paving of these areas will not result
in a substantial change to the imperious areas on the site.
He also explained that the Office Building Parking Area and
the Finishing Building Loading area, which are already paved
and are deteriorating will be repaved, and will not result in
an increase of surface water to the North River Canal.
Mr. William Baird of Web Engineering Associates Inc. explained
that they also propose to in,st,ll spill control structures in
the loading areas adjacent to the Former Sulfonation Building.
The spill control measures will consist of concrete pads equipped
with catch basins to collect spilled materials or divert
rainwater. Construction will include grading to ensure that
spilled materials in the loading areas are not discharged into
the canal.
Mr. Baird also explained that the Pipe Transfer Area on the
south side of the Finishing Building is currently equipped with
spill control structures. If possible the existing concrete
pad and catch basin will be maintained during construction.
Mr. Baird also explained that two five foot wide grassed filter
strips will be constructed along the southern edges of the North
River Canal, to prevent any direct discharge of surface runoff
• into the canal. One filter strip will be located adjacent
to the Former Sulfonation Building Loading Area and one will
be located between the Finishing Building and Building 59.
Mr. Baird also explained that they plan several upgrades to
materials management structures at the facility, to provide
secondary containment for storage and transfer structures, and
to improve materials management practices at the facility.
He noted that the proposed upgrades include the construction
of a covered above ground pipeway for several steam and product
pipes that run between the Finishing Building and Building 59 .
He further noted that the pijeway has been designed to prevent
a release of oil in the event of a break in one of the product
pipes.
Mr. Baird also noted that the project includes the removal of
a 5000 gallon underground fuel oil storage tank and an above
ground skid mounted tank adjacent W The Finishing Building.
They will be replaced with new tanks which will be above ground
on a concrete pad, surrounded by a concrete berm to provide
secondary containment for the tanks , and prevent spills from
the tanks from reaching the canal.
Mr. _Baird also explained that they propose to install a new
waste manifold system above the floor grade inside the Finishing
Building, which will improve waste water handling and reduce
• the likelihood of inadvertent discharge (if wash water or process
2
water into the North River Canal.
• There being no further questions or comments concerning this
proposal , a motion was made by Bob Crowley to continue the Public
Hearing to September 23, 1993, seconded by Fred Harney and
approved unanimously.
The Commission will have a site visit to the property on Tuesday,
September 21 , 1993 at 7:45 a.m.
CLARK AVENUE- DISCUSSION REGARDING DRAFT ORDER OF CONDITIONS
- ATTORNEY RICK. VITALI
Betsy Horne noted that Mr. Colpitts has submitted a revised
Order of Conditions for the Board to consider. The Commission
reviewed them.
Atty. Vitali addressed the Commission and noted that Mr. Colpitts
had taken the Conditions prepared by the Commission to several
local bankers and that it is impossible for him to get financing
with these conditions. He noted that Mr. Colpitts has made
a substantial investment in the area and that he was well
intended, however he cannot go forward with these conditions.
Atty. Vitali introduced Mr. Ouellet, an Investment Banker to 0-0
the Commission. Mr. Ouelett stated that he was interested in Ca-(b
• purchasing the property and asked several lenders about the
Conditions , and they said that they are too open ended.
Betsy Horne asked what specifically in the conditions would
stop the project. Mr. Ouellet stated that the scheduling is
too strict, and that the expense of the Clerk of the Works is
too great, for the construction of one single family home.
He also noted that the neighbors were given more concise Orders
of Conditions for their projects.
David Colpitts addressed the Commission and stated that he showed
the Conditions to several prominent Attorneys and they all
concured that they are the most bizarre conditions they have
ever seen. He further argued that he purchasedthe property
from the City of Salem in 1987 for 550 , 000 .00 , and he complied
with all of the terms of the sale which included roadway
improvements which he completed. He asked for the same treatment
that the neighbors , Claveau, Armstrong, and Fiore received.
Chris Kent asked Mr. Colpitts if he had funding lined up based
on his revised Order of Conditions . Mr. Colpitts stated that
he could get funding with those conditions .
Fred Harney noted that he has reviewed both sets of conditions,
and that he felt that the ones that the Commission prepared
• have more teeth than the revised ones from Mr. Colpitts . He
also noted that he has been on this project since day one and
3
• that the Commission has bent over backwards for the Attorneys
and Mr. Colpitts.
Bob Crowley agreed that he felt that the Order issued by the
Commission was more beneficial to the Commission. He also
recalled that the Commission ordered Mr. Colpitts to take the
fill out and he never did.
There
y-
There being no further discussion tithe matter a motion was
made by Fred Harney to issue the Order--o-f Conditions prepared
by the Commission, seconded by Bob Crowley and approved
unanimously.
DISCUSSION REGARDING VIOLATIONS AT REAR OF 330 JEFFERSON AVENUE
Debbie Hurlburt read a letter that she sent to Mr. Robicheau
of 330 Jefferson Avenue, regarding violations that have been
reported to her. She also showed photographs of the area that
was taken during a site visit, and identified the area on the
assessors map. She noted that the property behind Mr.
Robicheau' s is owned by the city.
Mr. Robicheau addressed the Commission and stated that he and
his neighbor Rick Collins have been maintaining the property
for the oast sixteen years and no one has ever complained.
He stated that over the years they have pulled washing machines,
• tires , and other articles that have been dumped there over the
years. Betsy Horne noted that the neighbors may not have been
bothered by the activity until they started cutting into the
wetland.
Rick Collins of 228 Jefferson Avenue addressed the Commission
and stated that they did not intentionally cut into the wetland,
and explained that they did cut 8 to 10 feet of reeds so that
they could get a shopping cart and some tires out of there.
He also noted that several years ago they hired a dump truck
at their own expense to clean out the area. He also recalled
that twelve years ago the water in the swamp was black, because
people were changing the oil from their cars and dumping the
oil there. He stated that he felt that the work that they
have done has helped the wetland.
Betsy Horne stated that despitF the fact that over the years
people have done some pretty bad things there , it is still not
a good idea to cut into the wetland. She asked if they have
used any fertilizers on the property. Mr. Collins stated that
all he has done is cut the grass, prune the trees and clean
up glass in the area. He also noted that they do not even use
the' area.
Mr. ?obicheau and Mr. Collins agreed that they would only cut
• the grass and trim the trees , and would not use the weed Wacker
any more.
a
OLD / NEW BUSINESS
Election of a Vice Chairman
Betsy Horne noted that since Richard Arms left the Commission
in June, there has been no Vice Chairman, and we should have
one.
Bob Crowley nominated Fred Harney for Vice Chairman. Tom Walsh
seconded the nomination, and a vote was unanimous.
Extension of Order of Conditions - Fafard Companies
Debbie Hurlburt reported that she had spoken to Atty. Serafinik(
y regarding the request for an extension of two Orders
of Conditions for the Fafard Companies. The requests are for
Order ;� 64-152 on Swampscott Road which expires September 30,
1993 , and `64-178 for the proposed industrial condos, which
expires on October 1 , 1993 . She also noted that the industrial
condo site is still a site on the 21E list to be investigated.
Fred Harney asked if there was anything in the regulations which
• address how many extensions can be granted. Debbie Hurlburt
stated that they could have any number of extensions for good
reason. She also noted that the reason for the request is
because they are just coming out of bankruptcy, and are in the
process of reorganizing.
Betsy Horne suggested that the Commission review the request
for the next meeting, and perhaps have a representative of Fafard
attend the next meeting to review the plans for the properties.
Certificate of Compliance - Collins Cove Condominium Trust
Debbie Hurlburt reported that she has received a request for
the Certificate of Compliance for the Collins Cove Condominium
Trust for the construction of the Condos. She noted that she
reviewed the file and found a letter from DeFalco Engineering
with all the necessary information dated in 1989, but that
apparently a certificate was never issued.
Motion made by Bob Crowley to issue the Certificate of Compliance
for the Collins Cove Condominium Trust, seconded by Fred Harney
and approved unanimously.
Correspondence
Betsy Horne read a letter from Mayor Neil Harrington in reply
• to her letter regarding the lack of sewer connections on Linden
5
Avenue. In the letter the Mayor indicated that her suggestion
that some of the money from the SESD compensation might be used
to bring the sewer line in there should be looked into.
Betsy Horne also read a letter from Mayor Harrington regarding
the dumping situation at Salew High School . In the letter the
Mayor indicated that he has i-structed Acting Public Works
Director Charles Quigley to investigate the matter.
Betsy Horne asked that Fred Harney look into the situation at
the High School.
Debbie Hurlburt reported that the Commission has received
notification from DEP Solid Waste Management that they have
approved the plan for GTE/Sylvania.
There being no further tfusiness to come before the Commission
at this meeting, a motion was made by Tom Walsh to adjourn the
meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 10:30 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC090993
• 6
S%UN Co
tai
J�
�. C .M cor11I1'l1SS'1m
Salem. Massachusetts 111970
ASS
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, September 23, 19993 at
7 : 00 p.m. , One Salem Green, second floor conference room.
Betsy Horn"e
Chair
TENTATIVE AGENDA:
1. Continuation of a Public Hearing for a Notice of Intent
Salem Oil and Grease Company - 60 Grove Street
2 . Old/New Business
Fafard Extension Permits - 64-152 & 64-178
-Discussion regarding Clark Avenue
-Tri-City Sales - Update
3 . Approval of Minutes
-July 8 , 1993
-July 22, 1993
-September 9 , 1993
Ex\DH\CC092393
•
SALE:1 CONSERVATION COMMISSION
• 21INUTES OF =TING
THURSDAY, SEPTEMBER 23 , 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 23, 1993 at 7 : 00 P.ii. , in the second.
floor conference room at One Salem Green.
Those present were: Chairwoman Betsv Horne, Fred Harney, ^ob
Crowley, Tom Walsh, Chris 'Cent, and Abby Burns. Also present
were Conservation Administrator Debbie Hurlburt, and Eileen
Sacco, Clerk.
CONTINUED PUBLIC HEARING - NOTICE OF INTENT - SALE.1 OIL AND
GREASE COMPANY - 60 GP.OVE STREET
Betsv Horne recalled that the Commission held a site visit on
Tuesday morning, and asked if the members had any questions
for the applicant.
Fred Harney asked horn thickhe proposed concrete pad would
be. Mr. Baird stated that i� would nrobably be 6-3 inches of
reinforced concrete.
Fred Harney also asked if excess materials would be removed
• from the site. Por. Baird stated that they would be removing
excess material.
Mr. Baird informed the Commission that they do not consid r
the paving that they are doing to be a permanent solutio , and
that they would be noting on the deed that there is a low level
of contamination in the soil and that the paving needs to be
maintained.
7netsv Lorne asked if they plan to replace the vegetative strip.
!r. ^aird stated that they mould maintain an existing vegetation
strip and a new one would he added to protect the canal .
Debbie Hurlburt asked if the property was located in a flood
zone. Mr. Baird stated that it was and agreed that they would
need to get av lood hazard Special Permit from the planning
Board. UR, 0"bi X
Betsv Horne asked if anyone present at the :,ieeting had any
questions or comments regarding the proposal. There was no
response.
There heing no further questions or comments regarding this
proposal, a motion was made by Bob Crowlev, to Close the Public
Tiearing, seconded by Abby ',urns and approved unanimously.
• 1
',otion made by Fred Harney to issue an Order of Conditions ,
• seconded by doh Crowley and approved unanimously.
^he Commission discussed Dossible Special Conditions for the
proposal.
. otion made by ^om 14alsh to approve Soecial Conditions 1 ,2 , 3, 4 ,
5 as amended, 12, 13, 14, 15 , and 18, seconded by Chris fent
and approved unanimously.
OLD / `?SG1 -USI^.TFSS
Fafard Extension Permits
Betsy Horne reported th she has reviewed the file for the
requested extensions the Fafard Company for permits 64-152
and 64-178 . She ed that she has raised a number of issues,
particularly both sites are listed as 21E sites . She also
noted that the plans that have been approved do not address
how they plan to clean up the sites. ' ^etsy stated that she
wrote a letter to Atty. John Serafini Sr. indicating that the
Commission wants to address the issues . She suggested that
the Commission extend the permits for one month, and invite
Atty. Serafini to come in and give clean, crisp answers to the
questions of the Commission.
• Motion made by Abby Burns to A7-.tend permits `-64-152 and `64-178
for the Fafard Company, seconded by Chris Kent, and approved
unanimously.
Clark Avenue - Coloitts Order of Conditions
Debbie 7lurlburt reported that she had a couple inquiries f�o�m
interested buyers of the property, regarding the Order of
Conditions issued for David Coloitts. /
�(Q Li V-o( 11A(X (a (.eJ l�(. c(fIT47.6 U � 90-RShe noted that i� seem t since the Commission refusd to
amend the Conditions a
-- She stated that one of the interested buyers
is a developer and he has several concerns , specifically the
condition that no machinery be used on the slope. She stated
that the contractor indicated to her that it would be impossible
to do the excavation on the slope by hand.
Debbie reported that she spoke to Willie 'leaulieu the Cler}k
of the Works for the Planning Department and that he agreed
to look at the Order of Conditions from a construction stand
point if the Commission requested. She also noted that sO@
is concerned about the -oossibe le Ality ppf the Orde. Q�• flGOd
fluA 61-w dim?,,,ll^� y( 4 Y 6C.S OCUCCo &C
Betsy Horne stated. that she i not lire that he Order :could
need to oe used by a new owner, and that a new owner could come
• to the Commission with a new elan for a new Order of Conditions ,
2
but she would be loathe to issue a new order of Conditions
to ;ir. Colpitts . Betsy alsD noted that the order was
because of who the owner is and what he had done previously Wku+
to the property.
Debbie Hurlburt stated that she thought that notential buvers
want to ',:now if the Commission would relax on a few of the
Conditions , specifically the use of machinery on the slope .
She also noted that the Oates and deadlines have been found
to be e::tremely �»�n�_��_.� �c6�--�
Abby Turns suggested getting an opinion from City_ Solicitor
'?obert Ledour..
Tom Dialsh noted that it is the responsibility of the Commission
to see that they issued an Order of Conditions that is in the
hest interest of the area, and he can sell it or keep it.
Debbie Hurlburt will tall; to `Willie Beaulieu and, report at the
next meeting.
Tri-City Sales
Debbie reported that at the last meeting the Commission discussed
the placing of Jersey barriers up at ^ri-City sales. She noted
that the city applied to the state for a permit for the barriers
• and approval has been received so they should be going up soon.
Emergency Certification - Sea Gull 'tepairs - Koscuisko Street
Debbie Hurlburt reported that the Engineering Department had
filed for 7mergency Certification for the repair of the sea
wall on TCoscuisl:o Street. Betsy Lorne signed the order.
Corresnondence
Debbie Hurlburt reported that the Commission received a letter
Fated September 16 , 1993 , from the "Iassachusetts Highway
Department, notifying them that the wort: on Flint Street in
connection with the Salem Beverly Bridge would begin.
Debbie 'Iurlburt reported that the schedule for the site
preparation for SSD has been received.
Debbie !lurlburt reported that she received a letter from James
Zeiff of Village at Finnan, stating that he intends to relay
a drain line at the Swampscott Cemetery, and although there
will e no worl, r'.one in Salem, he was notifying the Commission.
3etsy 'Horne stated that she mould lilke to ::now :pore about the
?roject and suggested that they come in and explain what they
are going to do.
• 3
T7etlands 'laps
• Debbie reported that the wetlands maps have arrived and that
she is going to an aerial interpretation class to learn how
to use them.
APP70VAL 07 ^IIITTTT_ES
The ;..iinutes of the meeting_ of July 8, 1993 were nresented for
approval. "lotion ;lade by Abby Burns to anprove the minutes
of the meeting of July 3, 1993, as amended seconded by Tom Walsh
and approved unanimously.
The minutes of the meeting_ of July 22, 1993 were presented for
apnroval. Motion i-iade by Ahby Burns to approve the minutes
of the meeting of July 22, 1993 as amended, seconded by Tom
Walsh and approved unanimously.
-here 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 'lob Crowley and approved unanimously.
The meeting was adjourned at 3:25 P.M.
RESPECTFULLY SUBMITTED ^Y:
• EILEEr1 M. SACCO, CLERK
CCO92393
• 4
CITY OF SALEM
CONSERVA"ON CGMMISSION
REQUEST FOR DETERMINATION
OF APPLICABILITY
The Salem Conservation Commission will hear
a Request-for a Determination of Applicability
under the Wetlands Protection Act,M.G.L.Chapter
131,Section 40,at the request of Vinnin Associates
Realty Trust. The proposed work, located in
Swampscott at the Swampscott Cemetery off Essex
Street,consists of the excavation and relaying of
a 24" storm water pipe from manhole on Haw-
thorne Avenue to and including a headwall in Cem-
etery Section D.A portion of this work falls within
a Buffer Zone within the City of Salem. The
Request will be heard on Thursday, October 14,
1993 at 7:00 P.M.,One Salem Green,Second Floor
Conference Room.
BETSY HORNE, Chair
October 6, 1993 SN21752
CITY OF SALEM
CONSERVATION COMMISSION
REQUEST FOR DETERMINATION
OF APPLICABILITY
The Salem Conservation Commission will hear
a Request for a Determination of Applicability
under the Wetlands Protection Act,M.G.L.Chapter
131, Section 40, at the request of Massachusetts
Electric Company.The proposed work,located in
the Danvers River in the vicinity of Bridge Street
and Danvers River,consists of installing three tem-
porary submarine cables across the Danvers River
to replace three existing submarine cables. The
Request will be heard on Thursday, October 14,
1993 at 7:00 p.m.,One Salem Green,Second Floor
i Conference Room.
BETSY HORNE, Chair �
October 7, 1993 SN21762
h w ti
z Conservatim Commissim
r
Salem. Massachusetts 01970
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, October 14 , 1993 at 7 :00
p.m. , One Salem Green, second floor conference room.
BeHorne
Chair
TENTATIVE AGENDA:
1 . Request for a Determination of Applicability
Swampscott Cemetery - Vinnin Village Realty Trust
2 . Request for a Determination of Applicability
Danvers River - Massachusetts Electric Company c p
3 . Old/New Business
4 . Review of Correspondence
5 . Approval of Minutes G1v�
-September 24, 1992
-September 9 , 1993
-September 23 , 1993
EX\DH\CC101493
•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER 14, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 14, 1993, 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, Chris Kent, Abby Burns, and Tom Walsh. Also present
were Conservation Administrator Debbie Hurlburt, and Eileen
Sacco, Clerk.
REQUEST FOR A DETERMINATION OF APPLICABILITY - MASSACHUSETTS
ELECTRIC COMPANY - FOR SITE ALONG THE DANVERS RIVER
Fred Harney recused himself from discussion of this matter.
David Therrien representing Massachusetts Electric Company,
addressed the Commission and explained their proposal to relocate
three submarine cables in the Danvers River. He explained that
the three cables cross the Danvers River in the area of the
proposed Salem Beverly Bridge. He showed the locations of the
cables on the plan and noted that two of the cables are to the
• west of the existing bridge and the third is located to the
east of the bridge. He stated that all three are located in
the foot print of the proposed temporary bridge, which is
scheduled for construction in March, and must be moved before
the new bridge can be installed.
Mr. Therrien also reported that they have been cleared by MEPA
for the project. He also noted that they have been working
with the Mass. Department of Transportation to allow the
relocation to take place with little impact to the environment.
He explained that the cable would be on the easterly side of
the existing bridge, and would start at a manhole in Salem and
extend across the river to a proposed manhole to be installed
adjacent to the harbor masters building in Beverly. Mr. Therrien
also explained that the present cables are buried approx. 5
feet below the channel bottom, and this proposal would be to
cut the cables at the mudline, where they would lay on the bottom
until the bridge is complete, at which time they will be removed.
He also noted that they do not need to dredge either for the
installation of the temporary cables , or for the removal of
the existing ones.
Betsy Horne expressed concern that the lines would be unburied.
Mr. Therrien stated that they plan to use state of the art
equipment, and noted that in similar situations cables have
been left unburied with no problems.
• Chris Kent asked how long the cables would be in place. Mr.
1
• Therrien stated that they would be there for the duration of
the project, which should be 22 to 3 years.
Betsy Horne asked what process would be used to lay the cables .
Mr. Therrien stated that they would use a barge to position
the cables and then sink them, noting that the process was
recently completed in Haverhill and there was no problem.
Chris Kent expressed concern that the cables would be exposed
and no�buried under the mudline. He asked for specifications
on how the ends of the cables would be capped.
Betsy Horne asked when they plan to install the cables. Mr.
Therrien explained that they have received bids for the project
which need to be approved by the state and hope to install the
new cable by March, at which time the old cables would be
abandoned.
Chris Kent stated that he would like to postpone action until
the next meeting, and he would like to see the specifications
as to how the cable ends would be cut and capped. Mr. Therien
agreed to provide that information at the next meeting.
DETERMINATION OF APPLICABILITY - SWAMPSCOTT CEMETERY - VINNIN
ASSOCIATES REALTY TRUST
• Atty. John Serafini Sr. addressed the Commission on behalf of
his client, James Zeiff of Vinnin Associates Realty Trust.
He explained that they are proposing the excavation and relaying
of 24" of reinforced concrete storm water pipe from a manhole
at station 4+24.23 Hawthorne Ave. north easterly 180° to and
including the headwall. He noted that all of the work proposed
is located in Swampscott Ma. , and is proposed as a solution
to a drainage problem, resulting from a miscalculated pipe that
was installed one foot higher than it should have been and has
created an earth dam.
Atty. Serafini also showed the Commission photos of the area.
He also noted that the stagnant water is killing the trees on
the property, and there is a heavy mosquito problem there as
well. He also noted that they need to talk further with the
Swampscott Conservation Commission on the project, since they
denied the proposal with no hearing or explanation.
Debbie Hurlburt stated that she received a call from the Chairman
of the Swampscott Conservation Commission, inquiring as to what
the intention of the Commission was. She stated that she invited
him to attend the meeting, if he has any questions about the
proposal.
Atty. Serafini also noted that. the Swampscott DPW approved the
• project on the condition that they get approvals from both the
Salem and Swampscott Conservation Commissions.
2
• Betsy Horne expressed her concern about the rush of water that
would go into Tedesco Pond. Abby Burns stated that she thought
that the fall would be a good time to do this because it is
a dry season.
There being no further questions or comments, a motion was made
by Abby Burns for a Negative Determination, seconded by Bob
Crowley and approved unanimously.
OLD / NEW BUSINESS
Debbie Hurlburt informed the Commission of various up coming
conferences that might be of interest.
Day Care Center - Salem Hospital - Colby Street
Debbie Hurlburt reviewed the status of the Adjudicatory Hearing
process as requested by Betsy Horne.
Annual Report
Debbie Hurlburt presented the Annual Report to the Commission
which was submitted for this year.
Site Visit Salem High School
• Debbie reported that she and Fred Harney attended a site visit
at Salem High School with Mayor Harrington and Acting City
Engineer Charles Quigley this afternoon. She reported that
the Mayor was upset that the gates are not being closed and
suggested that thel key should only be held by the City Engineer.
Fred Harney reported that he suggested that the City clean up
the area and file with the Commission to do so. He also noted
that there has been talk of making Soccer Fields up there.
459 Highland Avenue - Violations
Betsy Horne reported that she received a phone call from Fire
Inspector Norman LaPointe, informing her that there were several
violations at a storage facility at 459 Highland Avenue, which
is owned by Mr. Fiore. She reported that Inspector LaPointe
identified items that were violations and ordered them removed
from the site. She also noted that he is requiring proof that
they were removed and where they were removed to. Insp. LaPointe
instructed Mr. Fiore to appoint someone to act on his behalf
while he is in Florida. She also stated that the Commission
would be notified by the Fire Department on the status of the
matter, but wanted the feeling of the members as to whether
to issue an enforcement order or not.
• Motion made by Tom Walsh to issue an Enforcement Order for 459
Highland Avenue, seconded by Ahby Burns and approved unanimously.
3
Stop & Shop
• Betsy reported that Stop & Shop had not installed hay bales
as required by the Commission, when Will Beaulieu made a visit
to the site. She noted that she visited the site and found
that a filter fabric had been installed to hold off cement,
so it seems that they have done something to correct the problem.
APPROVAL OF MINUTES
The minutes of the meetings of September 9, 1993, were presented
for approval. Motion made by Abby Burns to approve the minutes
for the meetings of September 9, 1993 and as amended, seconded
by Bob Crowley and approved unanimously.
The minutes of the meeting of September 24, 1992 were also
presented for approval. Motion made by Abby Burns to approve
the minutes of the meeting of meeting of September 24, 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 Abby Burns to adjourn
the meeting, seconded by Tom Walsh and approved unanimously.
The meeting was adjourned at 9 :00 P.M.
• RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC101493
• 4
��UN COR1
Z C fi021Cbmmi&im
Salem. Massachusetts 01970
• `<.t,n ssn_�`c
CONSERVATION COMMISSION
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, October 28 , 1993 at 7 : 00
p.m. , One Salem Green, second floor conference room..
Betsy Horn
Chair
TENTATIVE AGENDA:
1. Continuation of a Request for a Determination of Applicability
Massachusetts Electric Company - Danvers River & Bridge Street
• 2 . New Wetlands Map Presentation
3 . Old/New Business
-459 Highland Avenue — nP/QrIZC
D
-Tri-City Sales _
-Salem High School
-Valley Street
4 . Review of Correspondences
5 . Approval of Minutes
-September 23 , 1993
-October 28, 1993
EX\DH\CC102893
•
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER 28, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 28, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Bob
Crowley, Chris Kent, Abby Burns and Fred Harney. Also present
were, Conservation Administrator Debbie Hurlburt and Eileen
Sacco, Clerk.
DISCUSSION WITH ATTY. JOHN SERAFINI SR. REGARDING EXTENSIONS
FOR FAFARD ORDER OF CONDITIONS 64-152 AND 64-178
Atty. John Serafini Sr. addressed the Commission on behalf of
his clients, the Fafard Companies. He noted that the Commission
had granted extensions for two Orders of Conditions that were
issued to Fafard Companies for one month at the last meeting
and requested that more information be given regarding the status
of the sites. He stated that they are in the process of
completing a study which will determine the status of the sites
as 21E sites. He noted that new regulations have been adopted
since the original study on the site was done, and they are
• complying with the procedures set up by DEP.
Atty. Serafini suggested that the Commission extend the Order
of Conditions until March of 1994 , and they would agree to not
perform any work on the site, finless they come back to the
Commission for approval. Debbie Hurlburt stated that she was
comfortable with the fact that they cannot do any work during
the extension unless they come back to the Commission.
Motion made by Abby Burns to extend Orders of Conditions 64-
152 and 64-178 until March 24, 1994, with the understanding
that no work shall be performed on the site without coming back
to the Commission, seconded by Fred Harney and approved
unanimously.
CONTINUATION OF A PUBLIC HEARING - MASSACHUSETTS ELECTRIC
COMPANY- DANVERS RIVER AND BRIDGE STREET Cty
David Therrien, representing MassachuZectric, addressed
the Commission and noted that at the ting, the Commission
requested information on how the tembles would be
sealed. He presented a sample of the cables and explained how
they would be sealed.
Betsy Horne asked when they plan to get started. Mr. Therrien
• stated that they plan to get started by the end of the year.
1
,l
• There being no further questions or comments concerning the
project, a motion was made by Tom Walsh, for a Negative
Determination, seconded by Bob Crowley and approved unanimously.
WETLANDS MAP PRESENTATION
Debbie Hurlburt presented a demonstration on how the new wetlands
maps, recently purchased by the Commission are used. She noted
that the overlays were provided by the state free of charge,
and explained that the various colors indicate different kinds
of wetland areas.
Debbie also reported that Dr. Arnold, a Geography Professor
at Salem State College would be willing to come in and do a
workshop on the use of Wetlands Maps for the Commission.
OLD / NEW BUSINESS
459 Highland Avenue
Betsy Horne reported that Mr. Fiore and his tenants have been
cleaning up the property at 459 Highland Avenue. She noted
that they have until Monday morning at 11 :00 to comply with
the orders of the Fire Department to clean it up.
Tri - City Sales
• Debbie Hurlburt reported that they have been working on a
resolution to the problem of installing a fence at Tri-City
Sales. She noted that the city applied for a permit to install
Jersey barriers, and that Mr. Cohen hired a contractor to move
the barriers and install them.
Certificate of Compliance - 21 Linden Avenue
Debbie reported that she received a request for a Certificate
of Compliance from James Kiernan for work completed at 21 Linden
Avenue. She noted that they submitted a certified letter from
Hancock Survey Associates, stating that all work was complete.
Motion made by Chris Kent to approve the Certificate of
Compliance for 21 Linden Avenue, seconded by Bob Crowley and
approved unanimously.
Burnham Barge
Debbie reported that she went on a site visit with Former City
Solicitor Kevin Daly to the site of the Burnham Barge. She
noted that it seems that a temporary pier has been added. She
also noted that Kevin Daly wants to seek an injunction against
them if the Commission agrees. She also noted that they should
• have sought permits to do the work, and they did not.
2
Abby Burns stated that she felt that the Commission should pursue
the matter. Bob Crowley agreed, noting that they have ignored
the Commission completely.
Motion made by Abby Burns to instruct Atty. Kevin Daly to pursue
the cease and desist orders issued by the Commission to the
Burnham's, and seek an injunction, seconded by Bob Crowley and
approved unanimously.
Walkways Committee
Abby Burns reported that the Salem Walkways Committee is having
a walk at Forest River on Sunday, November 14, 1993 at 1 :00.
She invited and urged all members to attend this walk to see
the improvements that have been made to site.
November Meetings
Betsy Horne reported that the regular dates for the meetings
of the Commission in November are both Holidays. She suggested
that the Commission schedule a meeting on another date for
November. The Commission decided to hold a Special Meeting on
Wednesday, November 17, 1993, at 7:00 P.M.
APPROVAL OF MINUTES
• The minutes of the meeting of September 23, 1993 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of September 23, 1993 as amended, 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 Abby Burns and approved unanimously.
The meeting was adjourned at R:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC102893
• 3
`SUN fp,t�t,
z Consservatim Comnmwm
} Salt-m. Massachusetts 01970 Nov u ;
r`
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold a special meeting on Wednesday, November 17 , 1993 at 7 : 00
p.m. in the second floor conference room at Onnee- Salem Green.
Betsy Horne
Chair
TENTATIVE AGENDA:
1 . Informational Review with Ms . Maryanne Magner Environmental
Consultant and Massachusetts Highway Department regarding the
Salem/Beverly Bridge project
2 . Old/New Business
3 . Review of correspondence
4 . Approval of Minutes
-October 14 , 1993
-October 28 , 1993
EX\DH\CC111793
This notice posted on "Official B jIl:;tin Board"
v:ty stall Ave., Salem, Mass. On �, i°SJ
at 11:2.9 Hlo?j inaccordance with Clyap. 30 Sec.
23A & 2:18 of W.G.L.
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
WEDNESDAY, NOVEMBER 17, 1993
A Special Meeting of the Salem Conservation Commission was held
on Wednesday, November 17, 1993 , at 7:00 P.M. in the small
conference area on the second floor of One Salem Green. The
purpose of this special meeting was to transact any and all
business that would have normally been addressed at the regularly
scheduled meetings, which both fell on legal holidays. (Veterans
Day and Thanksgiving. )
Those present were: Chairwoman Betsy Horne ( 7:45 ) , Fred Harney,
Abby Burns , Bob Crowley, Chris Kent, and Michael Malipinski
Fred Harney assumed the Chair and noted that the Chairwoman,
Betsy Horne would be late, so he would start the meeting. He
also suggested that they proceed with Old/New Business while
waiting for Betsy since he has to recuse himself from discussion
of the Massachusetts Highway Department update on the
Salem/Beverly bridge.
OLD/NEW BUSINESS
Waterways Application - 107 Leach Street
• Debbie Hurlburt addressed the Commission and stated that she
had received notification of a Waterways License Application
for 107 Leach Street, to maintain an existing seawall and pier.
She noted that there is a 30 day comment period should the
Commission wish to comment. Chris Kent suggested that the
Commission have a site visit to view the property, and then
comment on the application.
Vinnin Realty Trust
Debbie Hurlburt informed the Commission that the Negative
Determination issued to the Vinnin Realty Trust for the repair
of a flooding problem in Swampscott, has been appealed by the
Town of Swampscott.
Stop & Shop Proposal - Howley Street
Debbie Hurlburt reported that she and Bill Luster attended a
MEPA scoping session to discuss the concerns of the site. She
noted that they have extended the comment period two weeks to
December 1 , 1993 . She also noted that the plans have been
submitted to the Planning Department and members of the
Commission are welcome to look at them. Fred Harney suggested
that all of the members should visit the site to familiarize
• themselves with it. Chris Kent suggested that the Commission
should schedule a site visit, and suggested :Monday, November
1
• 22, 1993 at 3 : 30 p.m. Debbie Hurlburt stated that she would
call Atty. Serafini to make arrangements and contact the members.
Tri-City Sales
Debbie Hurlburt reported that Mr. Cohen has been told he can
put up the Jersey Barriers when they are available. His
contractor will call Debbie Hurlburt to make arrangements.
Salem High School
Debbie Hurlburt reported that she spoke to City Engineer Charles
Quigley, about the possibility of hiring a firm to flag the
area behind Salem High where all the dumping has been going
on. She noted that the area is close to the buffer zone, and
may not be intY}e buffer zone, but the Commission needs to find
out. She stat that Mr. Quigley would get back, to her on the --
matter.
APPROVAL OF MINUTES
The minutes of the meeting of October 14, 1993 were presented
for approval. Motion made by Chris Kent to approve the minutes
• of the meeting of October 14, 1993, seconded by Abby Burns and
approved unanimously.
The minutes of the meeting of October 28, 1993 were presented
for approval. Motion made by Chris Kent to approve the minutes
of the meeting of October 28, 1993 , seconded by Abby Burns and
approved unanimously.
INFORMATIONAL REVIEW WITH MASSACHUSETTS HIGHWAY DEPARTMENT
REGARDING THE SALEM/BEVERLY BRIDGE PROJECT
Fred Harney recused himself from discussion of this matter.
Debbie Hurlburt addressed the Commission and noted that she
had received a letter from the Mass. Highway Department (MHD)
notifying her that Maryanne Magner would be the MHD agent to
the Commission during the Salem/Beverly Bridge project. She
stated that Ms . Magner wanted to meet with the Commission to
discuss the status of the project and a change to the original
plans.
Bob Joseph of Edwards and Kelsey, the consulting firm hired
by the MHD to do the permitting for the project addressed the
Commission and introduced the others attending the meeting.
He introduced Maryanne Magner of MHD, Hugh Mulligan of Gulf
of Maine Research Inc. , who sub-consulted the project and
• delineated the resource area, and Link Dennison of Cianbro
Corporation, the General Contractor for the project. He also
2
• introduced Lou Campbell the project engineer and support person
to Mr. Dennison, and John Danelle the overall project manager
from Cianbro Corp.
Mr. Joseph explained that if any of the Commission members wished
to visit the site at anytime, they should contact Maryanne Magner
to make arrangements.
Mr. Joseph explained a change to the Commission from the original
plans approved. He stated that for construction purposes they
plan to construct a temporary pedestrian pier at the end of
Thorndike Street. He stated that the pier would be 800 feet,
and would 7 feet wide, with 20 feet width in some areas. He
noted that this is to provide a safe route for the electric
power line to be built and to run equipment without generators .
Michael Nalipinski questioned the sediments and their chemical
contents. Mr. Joseph explained that substantial testing was
done for the EIR and they are not dealing with hazardous waste.
He noted that there is some contamination from heavy metals
and the material needs to go to a licensed landfill.
Mr. Joseph noted again that the intent of the pier is to provide
a level of safety. He also noted that there is not a better
way to protect the resource area.
• Mr. Nalipinski suggested that they could remove some of the
barges that they have planned. Mr. Joseph noted that they need
the barges to support cranes and the removal of excavated
material.
Mr. Nalipinski expressed his concern that the public would not
have a chance to comment on this structure if the Commission
does not treat this matter as a substantial change to the
approved plans. He also notn,7 that he thought that it was
a great idea. Betsy Horne agreed and polled the rest of the
members to see how they felt. Abby Burns and Bob Crowley felt
that the change was insignificant. Chris Kent also indicted
that he felt it was insignificant.
Mr. Joseph addressed the Commission and noted that MHD is
concerned about opening up the matter for public comment since
there are many people opposed to the fixed span bridge, and
it is a matter of concern to the State if the project is held
up a month it could jeopardize the project.
Betsy Horne asked if there would be any more minor changes to
the plans. Mr. Joseph stated that this is common practice since
this is the way the contractor has chosen to do the construction.
Lisa Rhodes of the MHD addressed the Commission and stated that
• this is not an abnormality, and that they frequently go back
to all agencies with changes in construction practices.
3
. Micha Nalipinski again expressed his concern that/the procedure
shou dbe to put the information to the public and kwhatSand
why5they are doing.
Betsy Horne stated that she agreed, but noted that she gathered
a sense from the rest of the members that they feel that this
is an insignificant change. Abby Burns stated that she was
comfortable with the change. Bob Crowley and Chris Kent agreed.
Betsy informed the representatives from MHD that the Commission
would not be requiring a substantial change review of the plans.
Maryanne Magner presented her first monthly report on the
progress of the Construction. She reported that the only
construction currently taking place, is at Bridge and Flint
Street. She also reported that the worke3�r had been stopped
due to an odor that was causing the workers to feel ill, and
that when they get the results they will inform 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 Bob Crowley and approved unanimously.
The meeting was adjourned at 8:45 P.M.
• RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC111793
• 4
gg ss s
-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 the Salem Department of Public Works. The
proposal involves the placement of stone rip-rap
on City park land to prevent erosion located at
Salem Willows, Restaurant Row,Map 45,Lot 89.
The hearing will be held on Thursday,December
9,1993 at 7:00 p.m.,One Salem Green,second floor
conference room.
BETSY HORNE, Chair
December 1, 1993 SN37192
CITY OFF SALEM
CONSERVATION COMMISSION
The Salem Conservation Commission will bear
a Request for a Determination of Applicability,
under the Wetlands Protection Act, Mass. G.L. -.
Chapter 131, Section 40, at the Request of the
Salem Department of Public Works.The proposed
work,located within a Buffer Zone,consists of tem-
porarily stockpiling large rocks,boulders and proc-
essed stone at Blaney Street,Map 41,Lot 278.The i
request will be heard on Thursday, December 9, f
1993 at 7:00 p.m.,One Salem Green,Second Floor
Conference room. w {
Betsy Hornet/
December 1, 1993Chair :7
SN37191 1
„ %oN Cpl
”? Conservation Commission
n Salem. Massachus, 111970
VASS
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission
will hold its regular meeting on Thursday, December 9 , 1993 at 7 : 00
p.m. in the second floor conference room at One Salem Green.
__6Betsy Horne A�
Chair
TENTATIVE AGENDA:
1 . Notice of Intent - Salem Willows - Salem Department of Public
• Services - City Engineer Charlie Quigley
2. Request for a Determination of Applicability - Blaney Street
Salem Department of Public Services - City Engineer Charlie
Quigley
3 . Certificate or Compliance - Hawthorne Cove Marina
4 . Old/New Business R�
-Tri-City Sales V� 'i i�%IO1„ 7(V4
-No -Point Source Pollution Workshop k SC��� I
5 . Review of Correspondence & VLaL,
6. Appr val of Minutes
-hove er 17 , 1993
EX\DH\CC120993 +, 0�
•
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAY, DECEMBER 9 , 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 9, 1993 at 7:00 P.M. , in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Chris
Kent, Michael Nalipinski, Fred Harney, Abby Burns , and Bob
Crowley. Also present were, Debbie Hurlburt Conservation
Administrator, and Eileen Sacco, Clerk.
NOTICE OF INTENT - SALEM WILLOWS - SALEM DEPARTMENT OF PUBLIC
SERVICES - CITY ENGINEER CHARLES QUIGLEY
City Engineer Charles Quigley addressed the Commission to request
approval of a Notice of Intent for the placement of stone rip
rap on top on existing loose rock and ledge to prevent further
erosion of the existing park land, located at Salem Willows
on Restaurant Row. Mr. Quigley noted that the rock would be
dumped over the edge, and placed properly in the spring. He
also explained that he is getting the rip rap for nothing from
the South Essex Sewerage District.
• Debbie Hurlburt explained that the Commission had approved an
emergency certification for this proposal at a prior meeting,.
but that DEP did not think that the situation was an emergency
because the area could be blocked off from pedestrian traffic,
to prevent health and safety interests.
Betsy Horne questioned if the material was the same material
that would be used if the city purchased it. Mr. Quigley stated
that it would be, and noted that it is hard stone that they
have been blasting at SESD, and they will use chinking stone
and bedding stone to fill in the gaps.
Betsy Horne also expressed concern about the tidal situation
during the work. Mr. Quigley noted that the closest the coater
will get is well below the area they will be working in.
Betsy Horne clarified that the project would be done in two
steps. Mr. Quigley stated that they would start by dumping
the stone now, and then place it properly in the spring.
Fred Harney asked if the rest of the shoreline had been checked
to see if it needs to be repaired. Mr. ouigley stated that
some of the shoreline has been checked, and noted that the area
near the pier was rip rapped in 1978. He also noted that there
are areas where sea walls have been damaged from storms and
that need to be rip rapped.
• 1
Abby Burns asked if they planned to wait until the ground is
• frozen, before driving the trucks into the area to prevent damage
to the grass . Mr. Quigley stated that any damage would be
repaired.
Motion made by Tom Walsh to close the public hearing, seconded
by Abby Burns and approved unanimously.
The Commission discussed special conditions for the project.
Motion made by Abby Burns to approve the Notice of Intent for
the Salem Willows, City of Salem Department of Public Services,
with 10 Special conditions, seconded by Chris Kent and approved
unanimously.
REQUEST FOR A DETERMINATION OF APPLICABILITY - BLANEY STREET
SALEM DEPARTMENT OF PUBLIC SERVICES - CITY ENGINEER CHARLES
QUIGLEY
City Engineer Charles Quigley addressed the Commission and stated
that they are seeking a Determination of Applicability for their
proposal to utilize lot 278 on Blaney Street for temporary
storage of large rocks/boulders and processed stone. The stock
piled stone will be secured with jersey barriers, hay bales
and tarps if needed. He explained that the top of the pile
would be 45 feet and would be relatively level since bull dozers
would be moving it around.
• Fred Harney asked how long they would be stockpiling the
material. Mr. Quigley stated that it would be for about 2 years.
Fred Harney asked if the area was protected sufficiently from
winter storms . Mr. Quigley stated that there is not much weather
activity in the cove to worry about.
Mr. Quigley also noted that the state is in need of rip rap
for the Salem Beverly Bridge and he is negotiating with them
for them to use some of the rip rap. He also noted that if
they did use it, that would cut down on the amount of truck
traffic in the city.
Michael Nalipinski expressed his concern that the bulk head
would fail from the weight of the rip rap. Mr. Quigley stated
that it would be placed 30 feet from the top of the embankment.
He also stated that they would install a stone driveway with
in 30 feet of the access road prior to the stockpiling.
Fred Harney suggested that it would be to the advantage of the
Commission to take pictures of the site for the files since
it is going to be a three year project.
Motion made by Abby Burns for a Negative Determination for the
Blaney Street site, seconded by Bob Crowley and approved
• unanimously with 3 special conditions.
2
OLD/NEW BUSINESS
• Salem High School
Betsy Horne asked City Engineer Charles Quigley if there has
been any progress on the dumping situation at Salem high School.
Mr. Quigley reported that he has contacted some people to flag
the area and that will tell a great deal about the area that
is of concern.
Fred Harney asked if the gates are being locked. Mr. Quigley
replied that they are supposed to be locked and he is not aware
if they are not being locked.
Swampscott Site Visit evt?�6 (Oto
Debbie Hurlburt reported that she and Abby Burns att Ted a
site visit in Swampscott regarding Mr. Zeiff ' s prop sal that
the Commission issued a negative determination for and the Town
of Swampscott filed an appeal to DEP on. She noted that the
State will issue a ruling on whether to uphold the Determination
or require them to file a Notice of Intent.
Tri-City Sales
Debbie Hurlburt reported that a contractor has been hired to
place the jersey barrier on Verona Street to Highland Avenue
• and it should be done by Monday at the latest.
Burnham Barge Iq f(6,tAL w. SIYULC
Debbie reported that she went to court with Former City Solicitor
Kevin Daly seeking an injunction and it was not granted. She
noted that he is applying for a Chapter 91 License , and that
if the Commission approves , she will send a letter drafted
by Kevin Daly from the Commission opposing the license. She
also noted that she and Betsy Horne will be deposed on the
matter, and that the Harbor Master feels that the ramp is
impeding navigable waters.
Non-Point Source Pollution workshoo
Debbie reported that Ginny Bleiler is holding a Non-Point Source
Pollution Workshop at Danvers Town Hall on January 26, 1994
from 7:00 - 9 :30 p.m. She asked that members let her know
if they plan to attend.
Certificate of Compliance for Hawthorne Cove Marina
Debbie reported that the work at Hawthorne Cove Marina has been
completed and she is very happy with the outcome of the project.
She noted that the Order of Conditions has been check and
• everything has been adhered to. a
3
Motion made by Chris Kent to issue a Certificate of Compliance
• for Hawthorne Cove Marina, seconded by Bob Crowley and approved
unanimously.
APPROVAL OF MINUTES
The minutes of the meeting of Vovember 17, 1993 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of November 17, 1993 , 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 Tom Walsh and approved unanimously.
The meeting was adjourned at 9:30 P.M.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO, CLERK
CC120993
•
• 4
V- Cory) 0�) I s o n
) JR5 — l )y c7L
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JANUARY 14, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, January 14 , 1993 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, Abby Burns, Fred Harney, and Richard Arms. Also present
were Debbie Hurlburt and Eileen Sacco, Clerk. Absent was Bob
Crowley.
The meeting was called to order at 7:00 P.M. by the Chairwoman
Betsy Horne.
DISCUSSION REGARDING ORDER OF CONDITIONS FOR 18 FREEMAN ROAD
Atty. John Keilty was present at the meeting to discuss the
proposed special conditions for his client Mr. Archibald, for
property located at 18 Freeman Road.
Betsy Horne reviewed the special conditions with the Commission
and Atty. Keilty. Each special condition was discussed and
• additions or corrections were made.
The Commission discussed the height of the permanent iron
markers to be placed at flags 10, 9, 8A, 2, 2A, 1 , and 1A.
It was decided that they should be 3 feet high so that they
would be visually above the high water mark. Atty. Keilty also
stated that he would record the plan with the deed, noting the
markers and the necessity for them.
Atty. Keilty clarified that a portion of the bond to be posted
would be used to hire a consultant to review the replication
area, and had no objection to that.
There being no further questions or comments on the proposed
conditions, a motion was made by Abby Burns to approve the Order
of Conditions with 25 Special Conditions, seconded by Fred Harney
and approved unanimously.
DISCUSSION WITH MR. DAVID COHEN OF TRI-CITY SALES
Fred Harney recused himself from discussion of this atter.
Mr. David Cohen attended the meeting to update the ommission
on his progress regarding his property on Highland Avenue.
He stated that he had walked the property with Mr. Tremblay,
the Building Inspector and he was told that he cou1 put up
a fence that could be no higher than 4 feet. He stated that
he plans to enclose all of his property and has already begun
to get bids for the fence. He expects the fence to be up in
1
r 1
2 or 3 weeks .
Councillor Leonard O'Leary addressed the Commission and noted
that Mr. Cohen ' s tenant, Lane Chase has mulch and dirt on the
property that needs to be removed. Mr. Cohen noted that he
has spent thousands of dollars trying to evict Mr. Chase from
his property, and that Mr. Chase has recently filed bankruptcy.
Councillor O'Leary also noted that Mr. Chase goes down Marlboro
Road and enters the property through Verona Street. He also
showed photographs of the area.
Betsy Horne reviewed the order of conditions that the Commission
issued in July 1991 . She stated that she felt that a four foot
fence would not do what the Commission intended. She noted
that the Commission specified a 6 foot chain link fence and
because the area is on an entrance corridor, the zoning ordinance
only allows a 4 foot wood stockade fence.
Debbie Hurlburt will check to see if a 6 foot fence could be
installed on the sides of the property that do not face Highland
Ave. , and install the 4 foot fence along Highland Avenue.
Betsy Horne also informed Mr. Cohen that the Commission wants
the debris cleaned up and moved before the fence is installed.
The Planning Department will send someone up there to see that
it has been cleaned up.
• Debbie Hurlburt will notify Mr. Cohen about the fence
specifications.
GTE SYLVANIA DISCUSSION
Debbie Hurlburt informed the Commission that the Planning
Department has received a letter from Gulf of Maine Research
Inc. , concerning their recommendations for the GTE Property.
She noted that she and City Planner Bill Luster had gone through
the report and prepared a memo for the Commission. She asked
that the Commission review the letter from Gulf of Maine, and
the memo from Bill Luster, and it can be discussed at the next
meeting.
RATIFY THE ENFORCEMENT ORDER ISSUED TO BURNHAM ASSOCIATES
George Ahmed recused himself from discussion of this matter.
Debbie Hurlburt explained the circumstances involving the
Enforcement Order issued the Burnham Associates on December
16, 1992. She stated that she observed the movement of debris
with a large crane, in the North River which is considered within
a resource area. She presented correspondence between Mr.
Burnham and the City.
. Betsy Horne suggested that Mr. Burnham attend the next meeting
to discuss the matter.
2
k
• Motion made by Abby Burns to ratify the enforcement order issued
on December 16 , 1992 , seconded by Tom Walsh and approved
unanimously.
OLD/NEW BUSINESS
Betsy Horne informed the Commission that she has sent a letter
of congratulations to Councillor Kevin Harvey on his appointment
as Chairman of the City Council Committee on Natural Resources.
Debbie Hurlburt reported that she has received the assessment
on the Ferris Junk Yard and it is encroaching on 27,000 feet
of Furlong Park. She also stated that some years ago, the owner
went to the Planning Board for a Form A, and it was discovered
that the land that he wanted approved was city owned land and
the request was denied.
Debbie Hurlburt reported that the maps have been ordered, and
should arrive in 2 or 3 weeks.
CERTIFICATE OF COMPLIANCE MARK PETIT - MARCH STREET COURT
George Ahmed recused himself from discussion of this matter.
Mark Petit attended the meeting to request a Certificate of
• Compliance for his property located at 5 March Street Court.
The property was built 4 years ago with an Order of Conditions
and he never got a Certificate of Compliance, and needs to do
so now to obtain financing.
Debbie Hurlburt stated that she has a faxed letter from the
engineer and suggested that the Commission could approve the
Certificate and she would hold it until the original is received.
Motion made by Tom Walsh to approve the Certificate of Compliance
for 5 March Street Court, seconded by Abby Burns and approved
unanimously.
CERTIFICATE OF COMPLIANCE MBTA
Debbie Hurlburt reported that she has a request from the MBTA
for a Certificate of Compliance for signal work done at the
Salem/Beverly Bridge. Motion made by George Ahmed to approve
the Certificate of ' Compliance, seconded by Tom Walsh and approved
unanimously.
Debbie Hurlburt reported that Councillor Mark Blair reported
that there is dumping going on at Monroe and Taft Roads . She
stated that she investigated and found bags of trash that were
thrown along the fence, on GTE ' s property. Debbie will contact
GTE and inform them of the matter.
•
3
APPROVAL OF MINUTES
The minutes of the meeting of December 10, 1992 were presented
for approval. Motion made by Abby Burns to approve the minute:
of the meeting of December 10, 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 Abby Burns and approved unanimously.
The meeting was adjourned at 9 : 10 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC011493
4
. SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JANUARY 28, 1993
A Regular meeting of the Salem Conservation Commission was held
on Thursday, January 28, 1993, at 7 :00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Fred
Harney, Abby Burns, Bob Crowley, and George Ahmed. Richard
Arms was absent. Also present were: Debbie Hurlburt and Eileen
Sacco, Clerk.
DISCUSSION REGARDING GTE/SYLVANIA MEMO FROM CITY PLANNER WILLIAM
LUSTER
Debbie Hurlburt explained that at the last meeting she
distributed the report from Dr. Mulligan of Gulf of Maine
Research Inc. , as well as recommendations from City Planner
William Luster regarding the closure plan design for GTE/Sylvania
property. The recommendations from Bill Luster were the result
of his review of the report from Gulf of Maine. Debbie noted
that the Commission has the option of requiring GTE to remove
the glass if they see fit.
• Betsy Horne clarified that while the Commission is sending the
concerns to GTE/GZA, she wants it noted that the items requesting
more information on the design plan does not close the door
to other issues that may come up.
George Ahmed noted that he thought it will be hard to make GTE
remove the glass. He also expressed his concern that people
are forgetting that there is a wetland there, and that there
may be more areas that were filled that could be pulled back.
Debbie will send the recommendations to GTE with a letter noting
that there may be more questions from the Commission in the
future.
DISCUSSION WITH REPRESENTATIVES OF FAFARD FOR AN EXTENSION PERMIT
Jim McLaughlin was present at the meeting, on behalf of Fafard
Companies, requesting an Extension of an Order of Conditions
at First and Traders Way #64-153. He explained that they
received a permit to do work off First Street within 100 feet
of a wetland. He explained the location of the area on the
plan and identified the resource area. He stated that the work
includes the construction of a head wall at the end of the
wetland with a pipe and a new 30 inch drain.
• Abby Burns asked if they had made provisions for the use of
salt and oil and grease in the area since it is a large area.
1
s 1
• Mr. McLaughlin stated that he did not know for sure, but he
would research the matter, since he was not employed with the
company when the plan was approved.
Tom Walsh asked what kind of site work would be done. Mr.
Mclaughlin stated that they will be drilling and blasting,
excavate the ledge, construct the head wall, and will be placing
hay bales around the site to prevent silt erosion. He also
noted that they intend to make the site one continuous piece
of land, and bring it to grade level with First Street.
Abby Burns asked how deep the wetland was . Mr. Mclaughlin stated
that it drops 8-10 feet off the sides of the bank to the ditch
area. He also noted that they need to do a fair amount of
blasting. Abby Burns suggested that the Commission visit the
site.
Tom Walsh asked where the water goes from the wetland. It was
noted the water goes through park land and into Thompsons Meadow.
George Ahmed questioned the size of the pipe and why it was
30 inches. He also asked of there was any cover at the end
of the pipe to prevent animals or children from getting into
it. Mr. McLoughlin stated that they reviewed work that had
been done in the area, and matched the pipe to the one that
it will be meeting down stream. He also stated that there are
• no plans for a cover for the end of the pipe.
Chris Burke of Salem, addressed the Commission and stated that
the area down stream is a sensitive area that drains into a
nice swamp. He asked if the work would have an effect on water
quality. Mr. McLoughlin stated that it should have no effect.
The Commission decided to hold a site visit on Wednesday,
February 3 , 1993, at 9 :00 a.m.
OLD / NEW BUSINESS
Tri-City Sales - Debbie Hurlburt reported that she talked with
the Building Inspector and he said that the height requirement
of the stockade fence could be waived, but that chain link may
not be allowed. She stated that Mr. Cohen needs to talk to
the Building Inspector. She also noted that they need to look
at the flooding down stream.
Burnham Associates - George Ahmed recused himself from discussion
of this matter. Debbie reported that she sent Burnham Associates
a letter informing them of the jurisdiction of the Commission,
noting that if they .do not agree with this, they should contact
the City Solicitor.
• Salem Hospital - Betsy Horne stated that she received a call
from Councillor Lenny O'Leary concerning the retention area
2
r
• in front of the Medical Office building at Salem Hospital .
(Formerly the Salem Hospital School of Nursing. ) She stated
that Councillor O'Leary is concerned that the retention area
is causing the storm drain down stream on Jackson Street to
flood.
Atty. John Serafini was present at the meeting with
representatives of Salem Hospital. He addressed the Commission
and stated that the hospital had removed the tennis courts to
provide additional parking, and were to tie the retention area
into the city storm drain. He noted that a year ago they did
install the pipe from the retention area to the city storm drain.
However, when the work was started, the drain was not installed
because of the elevation, and there is presently nothing holding
the water back, which is causing the flooding. They had proposed
a v notch made of concrete with a catch basin and grate on top.
He noted that they are proposing a new drain that is more
appropriate. He stated that the new drain is a perforated pipe
that is surrounded with crushed stone, which can be installed
in a matter of days. He also noted that they had reviewed it
with Stan Bigelow and that he had no problem with it.
George Ahmed stated that he felt that it was an insignificant
change and that the Commission should approved it without them
having to refile.
• Motion made by George Ahmed that the change in the drain to
be connected to the city storm drain from the retention area
at Salem Hospital is insignificant, seconded by Abby Burns and
approved unanimously
Bertini Discussion - Atty. John Serafini informed the Commission
that a final agreement with the Bertini ' s and the Pelletier' s
has been reached. Debbie Hurlburt stated that she has spoken
to Atty. Smerczynski and that she is comfortable with the
agreement. She also noted that they should be starting work
in the spring.
` Motion made by George Ahmed to lift the enforcement order issued
to the Bertini ' s, seconded by Abby Burns and approved
unanimously.
Motion made by George Ahmed to extend the permit for the
Bertini ' s to September 24 , 1994, seconded by Abby Burns and
approved unanimously.
Atty. Serafini will keep the agreement on file and when they
come to the Commission for a Certificate of Compliance he will
address the issues to see that they have be complied with.
Emmerton Property - George Ahmed asked about the status of the
• Emmerton Property located at the end of Story Street. He
recalled that they were talking about giving it to the city,
3
• and that the city was supposed to be investigating the need
to clean up the property. Betsy Horne will check with the Mayors
office on the matter.
Rosie' s Pond - George Ahmed also suggested that the Commission
approach the Bertini ' s to turn Rosie ' s Pond over to the City.
Greenlawn Cemetery - Debbie Hurlburt informed the Board that
Richard Rennard contacted her and that the Biologist for the
clean up of the pond has recommended that they use Aquazine
rather than the Copper Sulfate originally proposed, due to
significant growth that needs to be controlled. He is requesting
that the Commission approve the change. Abby Burns will research
the difference between the two and report to the Commission.
SESD - Betsy Horne reported that she reviewed the report from
John Darling on Haste Rock and did not come across anything
of concern.
Winter Island - Debbie Hurlburt noted that she had seen an ad
for work to be performed at Winter Island, for repairs that
are needed from the December storm. She said that she contacted
Gary Moore and he will have the contractor come to the Commission
for permits before the work starts.
• Cold Springs - George Ahmed noted that Councillor Sally Hayes
has requested that Cold Springs, located near Kernwood, be
investigated as a possible water source.
APPROVAL OF MINUTES
The minutes of the meeting of January 14, 1993 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of January 14, 1993 as amended, 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 Abby Burns to adjourn
the meeting, seconded by Bob Crowley and approved unanimously.
The meeting was adjourned at 8 :45 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC012893
•
4
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 11 , 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 11 , 1993 , at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Abby
Burns , Bob Crowley, Fred Harney, Richard Arms , and George Ahmed
( 7 :20 ) . Also present were Conservation Administrator Debbie
Hurlburt and Eileen Sacco, Clerk.
EXTENSION PERMIT - FIRST STREET AND TRADERS WAY - FAFARD - DEP
FILE NO. 64-153
Jim McLaughlin representing the Fafard Company, addressed the
Commission to address questions and comments regarding the site
visit held to the property.
Betsy Horne clarified that future work on this site other than
that for which is now permitted would require the filing of
another plan.
Abby Burns questioned whether a stream on the property was
• viable. Mr. McLoughlin stated that it dries up.
Tom Walsh asked if the Commission could do anything to monitor
the quality of the water that ends up in Thompsons Meadow.
Betsy Horne noted that she would like the Commission to address
that.
Debbie Hurlburt noted that there is a parcel that is about 24 , 000
s.f. left in the PUD that is still to be developed. Mr.
McLoughlin stated that Fafard had plans to develop it for retail
use, and he assumed that the Bank that now owns the parcel,
would likely do the same.
Betsy Horne asked how much blasting would be done for the
project. Mr. McLoughlin stated that they would probably be
drilling in 12 foot patterns, and would drill 3 holes across
for every 4 feet. He also noted that there is not much in that
area that does not have to be blasted.
George Ahmed asked if the 125 feet of pipe to be installed was
on the original plan. Mr. McLoughlin stated that the plan is
the same and nothing has changed.
Fred Harney asked how many extensions they have been granted.
Mr. McLoughlin stated that he believed that two have already
• been granted.
1
• George Ahmed asked how long of an extension they were looking
for. Mr. McLoughlin stated that they were hoping for two years
but one year would be good.
Fred Harney asked when the project would be done. Mr. McLoughlin
stated that they would not start until they had a firm handle
on a tenant, and that would not be for at least six months.
He also noted that the construction should only take about 2
weeks.
Motion made by George Ahmed to grant a one year extension for
the Order of Conditions #64-153 for the Fafard Companies, for
property located on First Street and Traders Way, seconded by
Abby Burns and approved 6-0 with Richard Arms abstaining.
UPDATE ON 12R MARCH STREET - MARK PETIT
George Ahmed recused himself from discussion of this matter.
Debbie Hurlburt reported that Mr. Petit needs to submit as built
plans of the house. She noted that she found that the plan
called for two houses and that one house was built on a different
angle from the plan. She will inform the Commission as it
progresses.
• UPDATE ON RETAINING AREA ADJACENT TO SALEM HOSPITAL - DEP 64-
189
Debbie Hurlburt reported that Will Beaulieu checked the WIC
drain that was installed at the retaining area and that it is
fine.
BURNHAM BARGE
Debbie Hurlburt reported that the last letter sent to Mr. Burnham
was regarding his interpretation of what is appropriate to
do on the property. She reported that the city is going to
court next week to have the barge removed from the North River.
The city will keep the commission informed.
WATERWAYS APPLICATION NO. W92-1570 - APPLICANT: PAUL O' SHEA
15 WINTER ISLAND ROAD
Debbie Hurlburt reported that Chapter 91 allows people who have
had piers or seawalls for the last 20 years but have no licensing
for them to apply for an amnesty license that would allow them
to keep it. She noted that Mr. Paul O' Shea of 15 Winter Island
Road has applied for the amnesty license. Betsy Horne suggested
sending Will Beaulieu out to check it out before the Commission
approves the application.
•
2
• NOTICE OF MANDATORY MEDIATION SCREENING FOR SALEM HOSPITAL DAY
CARE FACILITY - DEP FILE # 64-202
Debbie Hurlburt explained that mediation has to be agreed to
by all parties. If they do not go into mediation then an
adjudicatory hearing would be held, which could take up to two
years to occur.
GTE PAST MEETINGS OUTSTANDING ISSUES
Debbie Hurlburt reported that she prepared a list of issues
for review. Tom Walsh expressed his concern that the area is
a mess and that the longer it takes to get on with the project
the longer the area remains unkept.
TRI-CITY SALES
Debbie Hurlburt reported that Mr. Cohen will clean up the area
and put up the fence. He will call her when the work is
completed.
GREENLAWN CEMETERY
Abby Burns reported that she is still researching aquazine.
She stated that she called Mass. Audubon and talked to the
biologist, but she needed more information on the size of the
• pond. She noted that the biologist seemed a little concerned.
Abby reported that aquazine does have an effect on fish and
could be harmful to dogs if they drink the water. She will
have an answer by the next meeting.
HOWLEY STREET PROPERTY - SALEM/PEABODY LINE
Betsy Horne reported that she has been reading about the progress
of the development of this property in the papers, and it seems
a deal is close to being made for Stop and Shop to build there.
She suggested that she would like to see if something could
be done to clean up the North River on the Salem side, as they
are trying to do in Peabody.
INFORMAL REQUEST FOR DETERMINATION - 230 HIGHLAND AVENUE
Debbie Hurlburt reported that she received a letter from Gulf
of Maine stating that the property is not a protectable wetland
or in a buffer zone. Debbie noted that according to City of
Salem wetlands maps there is an indication of a wetland there
and they should file for a determination. Betsy Horne suggested
that they should file.
OTHER BUSINESS
• George Ahmed reported to the Commission that this will be his
last meeting with the Commission, as the Mayor has appointed
3
• him to the Board of Appeal. He noted that the City Council
approved his appointment this evening. George thanked the
Commission and noted that while at the Board of Appeal he will
be mindful of Conservation issues if they arise.
APPROVAL OF MINUTES
The minutes of the meeting of January 28, 1993 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of January 28, 1993 , 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 Fred Harney and approved unanimously.
The meeting was adjourned at 8:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CCO21193
•
•
4
w
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, FEBRUARY 25, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, February 25, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Richard Arms, Abby
Burns, Fred Harney, and Tom Walsh (8:00 P.M. ) . Also present
were Conservation Administrator, Debbie Hurlburt, and Eileen
Sacco, Clerk.
The meeting was called to order at 7 :00 P.M. by the Chairwoman,
Betsy Horne.
Betsy Horne noted that since the parties involved in the first
agenda item had not arrived yet, the Commission could discuss
old- business and approve the minutes while waiting.
Abby Burns informed the Commission of some of the plans of the
Salem Walkways Committee. She described some of their plans
for walk ways and noted that they are starting with the McIntire
District, and the Forest River Conservation Area. She noted
that some signage would be put up, and explained the locations .
• Debbie Hurlburt informed the Commission that she had received
a letter from Assistant City Solicitor Leonard Femino, in which
he enclosed a case that was recently decided, regarding the
statute of limitations on violations. She gave each member
a copy of the case for their information. Betsy Horne noted
that she would like to get further information on the issue
and see if some of the violations that the Commission felt were
out of time may be pursued.
DETERMINATION OF APPLICABILITY - 1A PARALLEL STREET, - STEPHEN
COADY
Mr. Stephen Coady addressed the Commission and requested a
Determination of Applicability for the installation of a fence
in the buffer zone at 1A Parallel Street. Debbie Hurlburt noted
that on December 12, 1991 , Mr. Coady was before the Commission
for a Request for Determination of Applicability for the
installation of a stockade fence to abut his property. She
noted that Mr. Coady recently purchased an adjacent lot ( 2A)
and he would now like to install a new fence that would surround
his new property line.
Betsy Horne asked what kind of fence Mr. Coady planned to
install, noting that it was not indicated on the plan. Mr.
Coady explained that he plans to install a cedar fence to the
• 104 foot mark on the plan and at that point it will change to
chain link.
1
• Mr. Coady also asked the Commission to allow him to paint or
stain the fence. Fred Harney stated that he had no objection
to staining the fence, and preferred that no paint be used.
There being no further questions or comments from those present,
a motion was made by Fred Harney for a Negative Determination
with special conditions, seconded by Abby Burns and approved
unanimously.
OLD/NEW BUSINESS
Debbie Hurlburt informed the Commission that she received a
call from the gentleman who is doing the archaeological dig
at Derby Wharf and he has a couple of changes from the original
notice of intent regarding the head wall. She stated that she
told him to come to the next meeting of the Commission to present
the changes.
Debbie Hurlburt reviewed three letters that she had received
from the Massachusetts Highway Department. The letters were
copies that were sent to David Cohen regarding the installation
of jersey barriers, Lane Chase regarding an incident that took
place with the Highway Department on his property, and Salem
Hospital regarding the Day Care Center drainage analysis.
Betsy Horne addressed the Commission and stated that she is
concerned that Mr. Cohen has not yet proceeded with his plans
to clean up his property and install the fence as promised.
She read a letter that she wrote to Mr. Cohen which outlines
specific dates to have the work completed.
DETERMINATION OF APPLICABILITY - 230 HIGHLAND AVENUE - JOSEPH
FINOCCHIO Fred Harney recused himself from discussion of this
matter.
Mark Sherfee of Gulf of Maine Research Center addressed the
Commission to explain the request of their client Mr. Joseph
Finocchio, seeking a Negative Determination for the property,
which his client intends to market as a lot with the potential
for construction and operation of a commercial business .
Mr. Sherfy described the lot as being an acre and a half, and
that their observations conclude that there is a drainage culvert
from under Highland Avenue and no other drainage coming from
up stream. He described the topography as steep. He also noted
that they found nothing in the topography or flood insurance
maps that indicate that the property is in the jurisdiction
of the Commission. He also noted that he is aware that the
City of Salem wetlands maps show the property as being wetlands,
but stressed that he had completed his assessment before they
knew that the City maps indicate a wetland.
• Debbie Hurlburt reviewed the City wetlands maps with the
2
• Commission and explained the areas that indicate there is a
wetland there. Mr. Sherfy stated that their observations
conclude that there is nothing significant enough there to
be considered a land subject to flooding.
Betsy Horne suggested that the Commission have a site visit,
and suggested continuing the public hearing until the next
meeting of the Commission on March 11 , 1993. The Commission
will visit the site on Saturday, March 6, 1993 at 9:00 a.m.
Motion made by Abby Burns to continue the public hearing to
March 11 , 19930 seconded by Tom Walsh and approved unanimously.
CERTIFICATE OF COMPLIANCE FOR SALEM HOSPITAL DETENTION BASIN
DEP FILE #64-198 Fred Harney also recused himself from this
matter.
Debbie Hurlburt reported that Salem Hospital has completed the
installation of the weir control structure on the drain installed
to tie into the city storm drain. She stated that Will Beaulieu
Clerk of the works, has been out to inspect the new control
structure and it is as functional as the original design
specifications. She also noted that at the request of Will
Beaulieu they installed a screen in front of the structure.
She also presented a letter from the engineer for the project,
certifying that the work was done according to plan.
• Motion made by Richard Arms to approve the Certificate of
Compliance, seconded by Abby Burns and approved unanimously.
Abby Burns reported her findings on her investigation of Aquazine
which the Greenlawn Cemetery is requesting to use in the pond.
She noted that according to the biologist at Mass. Audubon it
build up and could affect the ground water. She suggested that
they should come in and discuss the matter with the Commission.
APPROVAL OF MINUTES
The minutes of the meeting of February 11 , 1993 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of February 11 , 1993 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 Fred Harney and approved unanimously.
The meeting was adjourned at 8:45 P.M.
RESPECTFULLY SUBMITTED BY:
• EILEEN M. SACCO, CLERK
CCO22593
3
SALEM CONSERVATION COMMISSION
• MINUTES OF MEETING
THURSDAY, MARCH 11 , 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 11 , 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Richard Arms, Abby Burns, Bob Crowley,
and Tom Walsh. Also present were Conservation Administrator
Debbie Hurlburt, and Eileen Sacco, Clerk. Betsy Horne and Fred
Harney were absent.
In the absence of Chairwoman Betsy Horne, Richard Arms assumed
the Chair.
CONTINUATION OF PUBIC HEARING FOR DETERMINATION OF APPLICABILITY-
230 HIGHLAND AVENUE
Richard Arms noted that the Commission held a site visit at
230 Highland Avenue .and requested that the applicant allow the
Commission to Continue the public hearing to a future date.
He stated that it was difficult to determine the resource area
because of the snow cover. Mark Sherfy of Gulf of Maine Research
Inc. was at the meeting representing his client, Mr. Joseph
Finnocchio, the owner of the property. he informed the
• Commission that they had no problem extending the public hearing,
to allow the Commission to see the property under other
conditions . ,
Motion made by Tom Walsh to continue the Public Hearing for
the Determination of Applicability for 230 Highland Avenue,
to April 22, 1993, seconded by Abby Burns, and approved
unanimously.
Mr. Sherfy gave the Commission a letter, agreeing to the
Continuation for the files . The Commission will hold a site
visit before the April 22 , 1993 meeting.
NOTICE OF INTENT - SESD OUTFALL DIFFUSER CONSTRUCTION
Atty. John Darling of Serafini, Serafini, and Darling addressed
the Commission on behalf of his clients the SESD. Also present
at the meeting were: Raymond Masak, Project Coordinator SESD,
Bernadette Kolb, Project Manager for Camp, Dresser and McKee,
William Kehoe from Camp, Dresser and McKee, and Dr. Hugh Mulligan
from Gulf of Maine Research Inc.
Atty. Darling ekplained that the applicant is proposing to
construct a 660 foot multi-pore outfall diffuser in the resource
area land under the ocean at Haste Rock.
• 1
Bill Kehoe, project Engineer for Camp, Dresser and McKee,
• addressed the Commission and explained that the existing outfall
is buried and this diffuser will extend it above the ground.
HeInoted that studies that have been done indicate that there
is' a general improvement in the water quality in Salem sound.
He credited upgrading of treatment practices and the cessation
of the dumping of sludge into the water as the reasons for the
improved water quality.
Mr. Kehoe reviewed the plan with the Commission and described
the Construction that will take place. He noted that the
diffuser will begin at the terminus of the existing treated
sewerage outfall and will extend 660 feet in a northeasterly
direction, and will consist of a 54 inch diameter pipe that
will rest on the ocean floor. He also noted that they will
need to remove an existing precast concrete trough. He also
explained that they will be replacing soft surface sediments
by plowing which will push aside the surface sediments that
are unsuitable substrate for supporting the pipe, and placing
a protective layer of ballast stone and armor rock around the
pipe to protect it from wave force. Mr. Kehoe also noted that
this construction method has the least amount of impact to the
environment possible and preferred standards will be met.
Mr. Kehoe also noted that water circulation is not expected
to be altered, nor is the water quality expected to be affected.
• Abby Burns expressed an interest in the armor mat that is
proposed and the installation of it. Mr. Kehoe stated that
the mat is lowered into the ocean and placed by divers.
Tom Walsh asked if the diffuser would require any maintenance.
Mr. Kehoe replied that it is designed to be maintenance free.
Richard Arms questioned the analysis of habitat. Bernadette
Kolb stated that it showed to be minimal. Mr. Arms also asked
how the trough would be removed. Ms. Kolb stated that they
would probably use a crane.
Richard Arms also asked if there was a particular time of year
in which the construction could be done that would lessen the
impact to spawning. Atty. Darling stated that Marine Fisheries
restricts construction from February to June 1 as a general
rule, but that they may authorize otherwise as they see fit.
He also noted that they would like to start in June, and the
summer time is preferred since the waves are reduced and that
would reduce the impact.
Richard Arms asked what aquatic life would be most affected.
Mr. Kehoe stated that polychaetes would be most affected.
Debbie Hurlburt asked to have the connection of pipes underground
• and above ground explained. Bernadette Kolb explained the plan
2
and described the connection of the pipes as a series of pipe
• fittings called bends that will like the diffuser.
Abby Burns asked how long the pipe connection would take.
Bernadette Kolb stated that they will be coordinating the effort
so that the pipes will be prefitted on land and brought out
to the barge, so that they can stop discharge for 12 hours.
Debbie Hurlburt asked where the barge would be fueled and
refueled. Ms. Kolb stated that the barge will have a staging
and that may not even be in Salem, as it would be up to the
contractor.
Richard Arms asked if this was a final design. Atty. Darling
stated that this design is 308 but noted that the impact on
the area will not change with final design.
Debbie Hurlburt asked if the water quality would be tested.
Ms . Kolb stated that the permit requires that the water be tested
at the treatment plant, not at the diffuser.
Tom Walsh asked if they still have a target date of 1997. Atty.
Darling stated that they are still required to be online by
August of 1997, but the federal government is looking for a
more aggressive schedule.
• There being no further questions or comments from those present,
a motion was made by Abby Burns to close the Public Hearing,
seconded by Bob Crowley and approved unanimously.
Richard Arms informed those present that the Commission would
draft a set of conditions for the next meeting on March 25,
1993 and forward a• copy to Atty. Darling prior to that meeting.
OLD / NEW BUSINESS
Debbie Hurlburt informed the Commission that Atty. Harvey Berg
responded to Betsy ' s letter to Mr. Cohen and that they have
requested an extension until May. She noted that Betsy Horne
did not have a problem with that as long as it did not over
run the statute of limitations on the violations.
Debbie Hurlburt also informed the Commission that she received
a copy of a letter that was sent to City Solicitor Kevin Daly,
notifying him that an adjudicatory hearing would be held
regarding the Joyce Salvo case.
Debbie also gave the Commissioners copies of material that Betsy
Horne received at the MACC meeting.
APPROVAL OF MINUTES
• The minutes of the meeting of February 25, 1993 were presented
3
for approval. Motion made by Abby Burns to approve the minutes
• of the meeting of February 25, 1993, 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 Bob Crowley and approved unanimously.
The meeting was adjourned at 8:15 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC031193
i
• 4
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MARCH 25, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, March 25, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Abby
Burns, Bob Crowley, and Richard Arms. Also present were
Conservation Administrator Debbie Hurlburt and Eileen Sacco,
Clerk.
CONTINUATION OF PUBLIC HEARING - GTE/SYLVANIA
Randy Craig of GTE addressed the Commission and explained how
the sale of Sylvania to Oserom should have no impact on the
Loring Avenue site. He introduced Dave Tadone a consultant
and former employee of GTE to the Commission.
Ed Hawkins of GZA explained that they received a letter from
DEP on January 18, 1993 regarding the solid waste. he stated
that they responded to DEP in draft form so that they could
get feedback from them before the final cut. Betsy Horne noted
that they could be subjected to two cuts. Mr. Hawkins agreed
• and noted that the purpose of submitting a draft response was
so that all involved would be comfortable with the information
provided. He also stated that they were encouraged with the
response that they got from DEP.
Mr. Hawkins also referred to a letter that was sent by the City
of Salem to DEP and GZA. He noted that the restoration and
revegetation plan should be submitted by the second meeting
in April. He also stated that he hopes for a response by April
and requested that they continue the Public Hearing to May 27,
1993.
City Planner Bill Luster addressed Mr. Hawkins and noted that
the City is looking at. the property reuse as well as the closure
of the landfill. He asked if a potential purchaser would buy
the entire property or if there is a line drawn behind the
building separating the property. Mr. Hawkins stated that it
is possible that the site might be split, but that would depend
on the purchaser.
There being no further discussion at this time a motion was
made by Abby Burns to continue the Public Hearing to May 27,
1993, seconded by Richard Arms and approved unanimously.
• 1
DRAFT ORDER OF CONDITIONS FOR SESD EFFLUENT OUTFALL LOCATED
AT GREAT HASTE ROCK IN SALEM SOUND
atty. John Darling was present at the meeting to address the
Commission regarding the draft Order of Conditions for the SESD
Effluent Outfall at Great Haste Rock.
Betsy Horne expressed concern that the schedule indicated that
it would take a year to construct. Bernadette Kolb explained
that they are not starting until June because Marine Fisheries
restricts construction until June 1 for spawning, but the actual
work will not take one year.
John Darling expressed concern over the language in conditions
8, 9, 10, and 11 , explaining that since they are ongoing
conditions they would be covered by the NPDES permit. He
offered language to replace them, and the Commission agreed.
The Commission and SESD reviewed the proposed conditions.
There being no further questions or comments concerning the
Conditions, a motion was made by Ton Walsh to approve the Order
of Conditions for SESD for an Effluent Outfall at Great Haste
Rock in Salem Sound, with 11 special conditions, seconded by
Abby Burns and approved unanimously.
• OLD/NEW BUSINESS
TIDAL GATES
Betsy Horne handed out the first cut of the 1993 tidal gate
schedule for Forest River. She also noted that she has requested
a copy of the law from Representative Ruane' s office, since
there is a question about the dates that the city is required
to open and close the gates.
MACKEY PROPERTY
Betsy Horne reported that she has learned that the proposed
sale of some of the Mackey property is apparently not going
to happen. She asked the Commission if they want to pursue
the violations that have been noted in the past. The Commission
discussed the matter and decided to wait on the issue.
MARBLEHEAD WATER / SEWER PROJECT ON LORING AVENUE
Debbie Hurlburt reported that Clerk of the Works Will Beaulieu
went out to the site and reported that he could not walk on
the site, because it was so muddy. It was suggested that the
Commission send a letter to the Marblehead Water and Sewer Board
and note that they may be going above the parameter of the
• Determination of Applicability. Debbie will send the letter
out before the next meeting.
2
. i
CORRESPONDENCE
Debbie Hurlburt reported that she received a letter form Mr.
Mike Pennell of 3 Sophia Road, noting that he wants to construct
an area to park his truck. Debbie stated that the area he wants
to do the work in is not in the Commission' s jurisdiction, but
that she requested that he send her a letter when the work is
completed so that she can take a look at it.
Debbie reported that she received notice that Winter Island
will be presenting plans to repair areas damaged by the storms
at the next meeting. She also noted that they have requested
that the City ' s portion of the fee be waived. She noted that
in the past city agencies have requested this and fees have
been waived. The Commission agreed to waive the city portion
of the fee.
Debbie reported that she received a call from Ward 7 Councillor
Mark Blair, and he would like the Commission to have a site
visit at the GTE property during high tide. The Commission
agreed and scheduled a site visit for Saturday April 3, 1993
at 9: 15.
Debbie also reported that Councillor Blair wanted it noted in
the record that he wants the salt marsh restored to its original
state, and that he wants all glass removed from the site.
• Debbie reported that she was able to talk to someone at the
Mass Department of Food and Agriculture about the pond at
Greenlawn Cemetery. She noted that they feel that the pond
will eventually dry up. Betsy Horne suggested calling Warren
Howard at EPA to see what he thinks about the use of Aquazine
in the pond.
The Commission scheduled a site visit to the Salem Sign property
for Friday April 16, 1993 at 8:30 a.m.
APPROVAL OF MINUTES
The approval of the minutes of the meeting of March 11 , 1993
were postponed to April 8, 1993.
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 8:35 p.m.
RESPECTFULLY SUBMITTED BY:
y� 67�
• EI EN M. SACCO, CLERK
CC032593
3
r
. SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, APRIL 81 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 8, 1993 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, Fred Harney, Abby Burns and Tom Walsh. Also present
was Conservation Administrator Debbie Hurlburt.
In the absence of Eileen Sacco, this meeting was tape recorded.
NOTICE OF INTENT - WINTER ISLAND
Gary Moore, Manager of Winter Island and Frank Mahoney of Blue
Diamond Equipment were present at the meeting to request approval
of a Notice of Intent for repairs to Winter Island. The repairs
are due to storm damage dating back to the October of 1991 storm
as well as recent storms this winter. Mr. Mahoney noted that
they are under a time frame as the repairs will be funded by
FEMA, and the deadline for filing is May 4, 1993.
• Mr. Mahoney explained the work to be done in various areas of
the Winter Island Park.
The first area to be restored is at the head of the pathway
from the front gate to Waikiki Beach. They intend to restore
and remove stones, install lint pack and grate and contour the
area. Betsy Horne asked if they would be bringing in any
additional rocks. Mr. Mahoney stated that they would use what
is there but bring in a modest amount of lint pack. He also
explained the composition of lynn pack as 3/4 stone mixed with
smaller stone and dust. He also noted that Lint Pack is the
brand name for Lynn sand and stone.
The next area to be restored is the left entrance to Waikiki
Beach. He noted that this is a higher elevation of approximately
15 feet. They plan to restore the embankment to protect the
staircase by bringing it back a foot to a foot and a half beyond
the edge and shore it up, which should put it in a position
to withstand natural wind, rain and erosion. They also plan
to replace the rip rap on top of the existing slope within a
foot at the top of the embankment, and repair all remaining
erosion at the top of the embankment.
The next area to be restored is the area to the right side of
the pathway to Waikiki Beach. Here they plan to restore the
eroded embankment from the rip rap to the top of the embankment,
by placing gravel in the eroded area and compacting it. They
will also be placing 3 inches of top soil in that and seed
1
• it to bring it back to the embankment. Betsy Horne asked how
they would be compacting. Mr. Mahoney replied that they would
be using a manual compactor with a plate and motor, not a steam
roller. Betsy Horne asked what kind of seed would be used.
Mr. Mahoney stated that they would be using a semi wild hydro
seed, which will be shot out of a truck.
Mr. Mahoney also stated that they would be replacing steps on
the stairway to the lighthouse and shore them up with large
stones . No cement will be used.
The next area to be restored will be from the end of the earth
work to Pebble Beach, which is eroding from tidal surge, wind
and rain. They plan to restore the eroding embankment with
rip rap to the top of the embankment and replace gravel and
compact it to allow for the transition of the site line.
The next area to be repaired is to replace 2 feet of rip rap
to protect the free earth area back to usability, and to protect
the moat area. Richard Arms asked if the wall would be cement.
Mr. Mahoney replied that the wall would be rip rap and earth
and no cement would be used.
The next area to be repaired is the path to the boat racks at
Shell Beach. They will be installing crushed stone and grading
the path.
• Betsy Horne questioned the language on the Notice of Intent
regarding the tidal schedule.. Mr. Mahoney stated that the
contractor needs to be aware of the tide to bring equipment
in and out of the area, but none of the work is in the tidal
area.
Debbie Hurlburt explained that she received the comment sheet
from DEP stating that the Notice of Intent was incomplete.
She noted that she and Juli Riemenschneider went to the site
and did cross sections of the work to be done and that she will
be submitting it on Monday. She noted that since the project
is being funded by FEMA she will ask DEP to review it right
away. She also suggested that the Commission could approve
the project and issue special conditions tonight with the
condition that the DEP file number is forth coming.
Betsy Horne asked if there was anyone present at the meeting
who wished to comment on the project. There was no response.
The Commission reviewed the boiler plate special conditions
and discussed them.
Richard Arms suggested that he would like it conditioned that
refueling of vehicles take place on the asphalt by the hanger.
• The Commission decided to use Special Conditions 1 , 2, 3, 4 ,
2
• 12, 13 , and 15. Motion made by Abby Burns to approve the Notice
of Intent for Winter Island with seven special conditions,
conditional upon the receipt of the DEP file number, seconded
by Richard Arms and approved unanimously.
PUBLIC HEARING - 16 CLARK AVENUE - MR. DAVID COLPITTS
Atty. Richard Vitali addressed the Commission on behalf of his
client David Colpitts, and stated that they are before the
Commission to ask for help, so that they can do what they can
to make this a workable project. He stated that his client
wants to build a home on the property.
Betsy Horne asked for clarification of the plans presented and
the properties of Claveau, Fiore, and Armstrong were identified.
Abby Burns asked about the building on the plan designated as
a garage. Mr. Colpitts replied that his wife has recently been
certified to be a day care provider and they are considering
making a day care center, but their primary concern right now
is building a house to establish residency.
Richard Arms referred to the Cease and Desist order issued by
the Commission on the property, and asked if Mr. Colpitts ever
responded to it. Atty. Vitali stated that several attempts
were made with other Attorney's. Mr. Colpitts stated that he
• installed a siltation fence as requested by the Commission,
and that Dr. Donald Kent had written a report on the as built
plans and stated that they do conform to the activities that
he filed in 1988. Richard Arms asked if the Commission has
any written correspondence. Atty. Vitali stated that he has
met with Debbie Hurlburt and the Planning Department but that
nothing formal has been presented to the Commission.
Richard Arms asked when the other lots were sold. Mr. Colpitts
stated that they were sold between 1988 - 1990. Paul Claveau
stated that he bought his lot in September of 1988. Mr. Colpitts
noted that at the time the Planning Board required 100 feet
of frontage and Mr. Fiore needed 50 feet to conform, and the
Planning Board strongly suggested that he sell 50 feet to Mr.
Fiore so that he could conform.
Abby Burns asked what they plan to do. Atty. Vitali stated
that they would like to grade and cap the area similar to what
Paul Claveau and Julie Armstrong did. He also noted that the
concern is the slope of the fill, as well as the stability and
character of it. He stated that there has not been any erosion
and they would like to contour and cap it. He showed photographs
from the Fall season.
Abby Burns asked about the cutting down of trees. Atty. Vitali
• stated that there is a problem with the trees leaning and that
they could topple over, so it is best to cut them down. Abby
3
• Burns stated that she would rather they remove the fill and
leave the trees alone.
Fred Harney asked if the plan reports what is there today.
Atty. Vitali replied yes. Fred Harney asked how much more
filling they plan to do. Atty. Vitali stated that there would
be no more filling, and that they want to take the existing
conditions and make them workable as was done with the neighbors.
Bob Crowley noted that Mr. Colpitts disregarded the Commission
when he dumped the fill and now he is presenting a hardship
case to the Commission.
Betsy Horne suggested that the Commission visit the site since
there are new members and the rest of the members have not been
there for awhile. Atty. Vitali agreed and stated that the
Commission would see how the slope held up through the storms
that we have had. Mr. Colpitts also presented the Commission
with a list of weather records from the last three years.
Betsy Horne asked if there was anyone present who would like
to comment on the matter.
Mike Carter addressed the Commission and stated that he did
the work for Paul Claveau and Julie Armstrong and that he felt
that allowing Mr. Colpitts to build his house would enhance
• the street.
Patricia Rutkowski of 5 Clark Street addressed the Commission
and stated that she felt that it would also enhance the area.
There being no further questions or comments at this time, a
motion was made by Abby Burns to continue the Public Hearing
until April 22 , 1993, seconded by Tom Walsh and approved
unanimously.
The Commission will hold a site visit Tuesday, April 13, 1993
at 6:00 p.m.
NATIONAL PARK SERVICE - CHANGE IN PLANS OF NOTICE OF INTENT
David Boyd of Trite Marine addressed the Commission as the
contractor for the NPS project to restore Central and Derby
Wharfs . He noted that the original Notice of Intent called for
them to drive a sheet pile retention cell so that dredging could
be done up against Derby wharf. He explained that over this
winter an archeological dig was done that turned up some records
that they want to save. If they proceed with the dredging they
would lose them. The existing permitted plan calls for the
removal of 8,000 c.y. of material, and the revision to the plan
allows for the work to be done without disturbing the material .
• In summary Mr. Boyd stated that they wish to drill PLH piles
into the ground and use precast concrete as a retaining wall
4
• instead of the sheet piling. They would use drill tie backs
to stabilize the structure. He stated that the dredging plan
does not change, and the length of time for the construction
does not change, so there would be no extension of time needed.
Mr. Boyd also noted that there would be about 500 less truck
loads leaving the site with the reduction of material being
removed.
Betsy Horne reviewed the Special Conditions issued for the
project and noted that only one condition addresses the wall
repair, and noted that the condition would still apply, but
there will be significantly less work being done on the wall.
Betsy Horne asked if anyone present would like to comment on
the matter.
Joe Jones of 67B Pickering Wharf asked why the abutters of
Pickering Wharf were not notified of the hearings on this matter.
Debbie Hurlburt reviewed the process by which an abutters list
is obtained and said that she would see what happened. Mr.
Jones also asked if the Commission has any jurisdiction over
what is built on the Wharfs, expressing his concern over the
size of the buildings proposed there. Betsy Horne explained
the role of the Commission and that the size of the building
is not within the jurisdiction of the Commission.
• There being no further comments on the matter, a motion was
made by Fred Harney that the changes made to the original Notice
of Intent are not significant enough to require a new Notice
of Intent, seconded by Abby Burns and approved unanimously.
OLD / NEW BUSINESS
Marblehead Water and Sewer Project Off Loring Avenue
Betsy Horne reported to the Commission that she went out to
the site with Will Beaulieu and found the silt fences to be
in disrepair and the hay bales are deteriorating. She also
noted that they were pumping water into the resource area. She
expressed her concern and regret that the Commission acted in
good faith and it seems that more work is being done out there
that the Commission was led to believe was going to take place.
Betsy also reported that Dana Snow met with Debbie on the site
and corrected the siltation fence and the hay bales and promised
that things would be better. She has prepared a letter to Dana
Snow, stating what the Commission expects, such as that the
silt fence and the hay bales should be repaired on a regular
basis.
Abby Burns suggested that the Commission think about writing
• to the Marblehead Conservation Commission concerning the matter.
5
• Debbie reported that when she was out there, Dana Snow showed
her an area known as the Valley where Salem State students party,
and the area is a mess. She showed pictures of the area, as
well as pictures of a well in relation to the MacKey Property.
Tidal Gates
Betsy reported that she went out to Forest River on Sunday and
observed the turning of the tide at the tidal gates, noting
that the tidal chart stated 9:37 a.m. and the tide actually
turned at 9:50 a.m. a 13 minute difference. She also reported
that she met with Ed Morgani who is in charge of opening and
closing the gates and found him to be most helpful. He schedules
his work crew according to when the gates are to be opened and
has some concerns of his own. She stated that he has received
complaints about the noise the gates make when the open and
close. He would like to meet with the Commission.
Yard Waste
Betsy Horne stated that she contacted Stan Bigelow regarding
this years program for yard waste disposal. She informed the
Commission that this year they would be holding the yard waste
at the transfer station to be trucked to New Hampshire. She
noted that they would not need to come before the Commission
since they will be using the front of the property. She also
• noted that the waste would be used in connection with the Lynn
Sewer and Water Board, when the Lynn Secondary Treatment plant
opens. They will be trucking sludge which will be mixed with
yard waste to form a compost and the city will be able to get
it for a reduced cost.
Aquazine
Betsy reported that the latest information on Aquazine is that
drinking water sources should not be used for 12 months after
application, and that may tie in with Sally Hayes' request to
investigate the use of Cold Springs. Abby Burns noted that
the Commission has not discovered any reason to allow the use
of it in the pond. Betsy Horne asked to have Richard Rennard
attend the next meeting to discuss the matter.
There being no further matters 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 :08 p.m.
RESPECTFULLY SUBMITTED AS TRANSCRIBED
BY:
• EILEEN M. SACCO, CLERK
6
CC040893
`. SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, APRIL 22, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, April 22, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Abby
Burns, Bob Crowley, Fred Harney and Chris Kent. Also present
was Conservation Administrator Debbie Hurlburt and Eileen Sacco,
Clerk.
DISCUSSION OF THE USE OF AQUAZINE GREENLAWN CEMETERY
Betsy Horne reported that she has found out that DEP regulations
state that water treated with aquazine should not be consumed
by animals for 12 months. Betsy Horne also questioned whether
Kernwood Country Club might be using the pond as a source of
irrigation for the golf course. Debbie Hurlburt will ask Richard
Rennard about that.
Abby Burns expressed her concern that the use of aquazine is
not a solution to the problem. Debbie Hurlburt noted that they
have used aquazine in the past, when they were not required
• to get approval from the Commission. She also noted that Copper
sulfate which was approved, needs to be applied three times
and aquazine only needs one application. Abby Burns stressed
that people need to know the effects that pesticides and
herbicides have on the environment.
Debbie Hurlburt also noted that they need to get a permit from
DEP to use aquazine.
Abby Burns stated that she would like to let Mr. Rennard know
that the Commission is concerned about the use of the Aquazine
and the fact that it is not a long term solution to the problem,
and that he should look into a long term solution to the problem.
Betsy Horne suggested that the Commission ask them not to use
the Aquazine, and if they wish they can come before them again
with the request.
PUBLIC HEARING - NOTICE OF INTENT - HATHORNE COVE MARINA
David Vine addressed the Commission on behalf of his client,
Russell Vicars, the owner of Hathorne Cove Marina. He explained
that the sea wall is very old and that they plan to repair it.
Mr. Vine explained that they plan to drive sheeting outside
of the fender piles starting at the gangway and running along
• the south side and the short side facing the water. He estimated
that 220 feet of sheeting would be installed with a tie back
1
• system. Mr. Vine explained that sheet piling is interlocking
pieces of steel, that will replace the existing wall. He also
noted that the existing wall would remain in place. He explained
the tie back system as a conventional dead man system, which
would consist of additional sheeting tied back with tie rods
to provide for the horizontal resistance needed.
Mr. Vine also noted that they did test borings and found that
the material there is boulders and a concrete slab. He also
noted that the existing grade is about 14 and they plan to
restore the property to the existing grade, by back filling
between the existing wall and the new sheet piling. The fill
will consist of crushed stone and gravel. He also noted that
they intend to leave existing piles in place, but will cut them
three feet from the ground surface. He noted that removing
the pilings completely would undermind concerns about the
stability of the existing wall.
Bob Crowley asked if that property was the old White's Fuel
Pier. Mr. Vine stated that it was and that a 21E had been done
on the site and there was one hot spot, but not in the area
of the pier.
Fred Harney asked what kind of time frame they were working
with. Mr. Vine replied that they wanted to start as soon as
possible and that it would take about 2 or 3 months. He also
• noted that all work would be done from the land and that no
dredging would be done.
Debbie Hurlburt asked if they need a Chapter 91 License. Mr.
Vine stated that they do need a Chapter 91 License and that
a letter is included in their Notice of Intent from DEP,
confirming that the work proposed is maintenance.
Richard Arms asked what the life expectancy of the sheeting
would be. Mr. Vicars stated that he hoped it would be 50-100
years, if it is maintained properly. He explained that it could
be patched for corrosion, and could be coated, but uncoated
it would last quite a while. He also noted that the life of
it depends on the environment and there is not a lot of boat
traffic here.
Abby Burns asked where they would get the fill . Mr. Vine stated
that it would be brought in, and it would be clean fill.
Fred Harney asked to have the 100 year flood water mark
explained. Mr. Vine stated tnat he got that from a FEMA map
and that it showed high water levels. Debbie Hurlburt explained
that it refers to the possibility of a flood of that magnitude
could occur.
• Betsy Horne opened the meeting up to comments from those in
attendance at the meeting.
2
• Robert Ouellette of 3 White Street, stated that he had no problem
with the proposal and agreed that the repairs need to be made.
He did express his concern that parking in that area is tight
and the trucks coming and going could create a problem. Mr.
Vicars stated that when he bought the property he made a
commitment to make it a first class marina. He stated that
construction would only take place during the week, and no work
would be done on the weekends, when people would be down there .
using their boats.
Peter Victory of 8 Lee Street stated that he is interested in
anything that goes on at the water front, and that the project
is a good one and is important to the harbor. He asked that
the Commission approve the plan.
Betsy Horne suggested that the Commission have a site visit.
It was decided to have a site visit on Tuesday, May 4, 1993
at 6:00 p.m.
Mr. Vicars agreed to Continue the Public Hearing until the next
meeting of the Commission on May 13, 1993, and gave written
notice of that.
DETERMINATION OF APPLICABILITY - STOP & SHOP - VINNIN SQUARE
• Fred Harney recused himself from discussion of this matter.
Atty. George Atkins of 59 Federal Street addressed the Commission
on behalf of his client Stop & Shop. He explained that they
are before the Commission because Tedesco Pond is located on
the easterly side of the property and that the wetlands map
indicated that a corner of the property is in the buffer zone.
He explained that they intend to refurbish the existing building
and that the construction will take place in the front of the
property. He explained that the entire site would be repaved,
with recycled paving. He also noted that hay bales would be
installed at each catch basin on the site.
Tom Walsh asked about the existing surface drainage. Atty.
Atkins stated that the existing surface drainage goes into
Tedesco Pond. He also noted that one additional catch basin
would be installed. Tom Walsh also asked if the asphalt would
be recycled on site. Atty. Atkins stated that it would be taken . .
off site and recycled at an asphalt plant. He also noted that
the repaving would be done in sections, because two tenants
are remaining, and paving should take 3-4 days.
Betsy Horne asked when they would be doing the work. Atty.
Atkins stated that they want to start as soon as possible.
• Abby Burns asked if they would be planting trees. Atty. Atkins
3
explained that they are planting Hawthornes along the street,
and pine trees along the back for screening.
Betsy Horne asked about the future of the house that was
purchased by Stop & Shop near the property, noting that they
were landscaping it the other day. Atty. Atkins stated that
they have no plans at the present time, and they maintain the
property, explaining the recent landscaping.
Betsy Horne asked if they have any tenants for the property
yet. Atty. Atkins stated that they have no lease agreements
as of yet, but they are negotiating with the tenants who plan
to stay.
Betsy Horne also asked about the 8 foot stockade fence on the
property. Atty. Atkins stated that they plan to repair it and
maintain it.
Betsy Horne asked if there were any questions or comments from
those in attendance. There were none.
There being no further questions or comments from those present,
a motion was made by Fred Harney for a Negative Determination
with special conditions, seconded by Tom Walsh and approved
unanimously.
• Motion made by Tom Walsh to approve special conditions 9, 10,
and 14 as amended, seconded by Abby Burns and approved
unanimously. e
CONTINUATION OF PUBLIC HEARING - 230 HIGHLAND AVENUE
Fred Harney recused himself from discussion of this matter.
Mark Sherfy of Gulf of Maine Research Inc. addressed the
Commission on behalf of his client Mr. Finnochio. He showed
the Commission a blow up of the wetland map that he used to
make his determination that there is not a wetland in the area
in question, although the city wetland maps show there is.
Betsy Horne noted that the Commission has visited the site.
Abby Burns asked if they had done any hydraulic testing on the
site. Mr. Sherfy stated that they had not done any hydrolic
testing, and they used vegetation as a criteria. Abby Burns
also asked if the work would impact on the wetland that is there.
Mr. Sherfy stated that the topography is pretty well defined
where the water will go, and there should be a decrease in water.
He also noted that an increase would not be significant and
would come from heavy rain.
• Betsy Horne explained that the Commission is awaiting new wetland
maps and that the present ones were done in 1977. She noted
4
• that the Commission only had the information based on what has
been seen out there from December through the winter. She
suggested that she would like to continue the public hearing
at this time, so that the Commission could have another site
visit out there in May to see what if any vegetation is there.
Betsy Horne explained the options that the Commission had
concerning this project to Mr. Finnochio. She noted that the
Commission could vote tonight and either issue a negative
determination, or a positive determination , which would require
a notice if intent. She explained to Mr. Finnochio that if
he were to grant the Commission an extension for 5 weeks until
the May 26, 1993 meeting, that would allow the Commission to
be sure of what is out there, and hopefully the new maps would
arrive by then. Mr. Finnochio agreed to Continue the Public
Hearing until May 26, 1993. The Commission will hold a site
visit on Monday, May 24, 1993 at 6:00 p.m.
OLD / NEW BUSINESS
Winter Island
Debbie Hurlburt informed the Commission that a DEP file number
has been issued, and presented the Order of Conditions to the
Commission for signatures.
• Marblehead Pumping Station Update - Loring Avenue
Debbie Hurlburt informed the Commission that Betsy drafted a
letter to Dana Snow asking that they clean up the site and keep
it in A-1 condition, and asked that they maintain the hay bales
and the siltation fence. She also noted that she added a
sentence that stated that if the Commission was aware of the
extent of the activity that is taking place, they would have
issued a positive determination and sought a Notice of Intent.
She also noted that she sent a copy of the letter to the
Marblehead Conservation Commission.
Earth Day Fair
Debbie Hurlburt informed the Commission that the Earth Day Fair
would be held on Saturday, May 1 , 1993 from 11 :00 a.m. to 3:00
p.m. She noted that the Mayor endorsed the fair four years
ago. She also noted that this years theme is indigenous people,
explaining that they worship the earth. Debbie highlighted
the activities planned and stated that she would like the
Commission to be represented. She also noted that she made plans
2 months ago to be out of town and she would be unable to attend.
Fred Harney stated that he may be able to go for awhile. Abby
Burns also expressed interest in attending.
•
5
• Workshops
Debbie informed the Commission of various workshops being held
throughout the state, that they may be interested in attending.
Tri - City Sales
Betsy Horne informed the Commission that she received a complaint
from Councillor O'Leary that there is continued dumping going
on at Marborough Rd. She noted that she had sent a letter
to Mr. Cohen giving him a deadline to complete the work, and
that they had asked for an extension, which was granted by the
Commission. She stated that the extension is up May 12, 1993
and that she is prepared to take whatever steps are necessary
to get this matter completed.
Fred Harney noted that the owner is responsible for the activity
on the property, even though he may not be the one doing the
dumping.
Debbie Hurlburt questioned why Mr. Cohen has been unable to
get Lane Chase off his property, even though he has taken legal
action. Tom Walsh noted that if illegal acts are taking place
on a persons property he should be able to get him off the
property by police force. He questions how hard Mr. Cohen was
pushing to get him off.
• Salem High School
Fred Harney reported that he saw trucks coming out of the area
behind Salem High School that has been of concern to the
Commission. Debbie Hurlburt explained that she talked to Stan
Bigelow about the matter, and he told her that the key to the
gate is kept at the city garage and he thinks someone must have
made a copy of the key. He stated that he has no control over
the key if there are copies. Fred Harney suggested that the
Commission have a site visit to see what is there. The
Commission will visit the site on May 4 , 1993.
Motion made by Abby Burns to adjourn to Executive Session,
seconded by Tom Walsh and approved unanimously.
Motion made by Fred Harney to reconvene to Open Session 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 Fred Harney and approved unanimously.
is
6
The meeting was adjourned at 9:45 P.M.
RESPECTFULLY SUBMITTED BY:
EI EN M. SACCO,'CLERK
CC042293
•
• 7
1
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MAY 13, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 13, 1993 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, Chris Kent, Fred Harney, and Bob Crowley. Abby Burns
was absent. Also present were Conservation Administrator Debbie
Hurlburt, and Eileen Sacco, Clerk.
REQUEST FOR DETERMINATION OF APPLICABILITY - B & M RAILROAD
Keith Morris and Michael Gragnolati of Environmental Compliance
Services Inc. , addressed the Commission on behalf of their
client, the B & M Railroad. Mr. Morris explained that they
are requesting the determination for the spraying of herbicides
along the railroad tracks in designated areas of the city.
He showed the Commission a plan which outlined the areas to
be sprayed and identified sensitive areas, which would not be
sprayed. Mr. Gragnolati explained that the spraying would be
one application with one touch up if needed. He further
explained that the process would be done by a licensed applicator
• and would spray one side of the tracks at a time.
Debbie Hurlburt asked if they knew if and where the private
wells might be located in the area. Mr. Gragnolati stated that
he was not aware of any wells in the area, noting that if they
are listed with DEP or the Denr,rtment of Food and Agriculture
he would have found them on list. Debbie Hurlburt noted that
she has a list and would provide them with it. Mr. Gragnolati
suggested that the Board of Health should register those wells,
so that they could be identified in the future. Betsy Horne
suggested that they should put the locations of the wells on
their plan. Mr. Gragnolati agreed to do so.
Betsy Horne asked when they plan to do the spraying. Mr. Morris
stated that they should be in Salem by July. Betsy Horne
suggested that they should notify the city a week before the
spraying occurs.
Richard Arms asked how much spray would be used. Mr. Morris
stated that the mixture would be 3 quarts of Arsenal to 1 quart
of water per acre of spray.
Mr. Gragnolati noted that the determination would be good for
five years.
• There being no further questions or comments from those present,
a motion was made by Tom Walsh to grant a Negative Determination,
1
seconded by Richard Arms and approved unanimously.
CONTINUATION OF PUBLIC HEARING - DAVID COLPITTS - CLARK AVENUE
Betsy Horne noted that the Commission had received revised plans
for the project and have had 3 weeks to review them. She
questioned the wording of th-e Letter of April 20, 1993 concerning
the slope. Mr. Donovan clarified the letter for the Commission,
stating that the entire slope would be at a 2-1 slope.
Debbie Hurlburt asked how they could tell that a tree, is showing
signs of distress . Mr. Donovan stated that a lot of the trees
up there are dead.
Fred Harney asked where they would be putting excess material
during the project. Mr. Colpitts stated that he would put it
on another lot that he owns beyond the wetland.
Debbie Hurlburt suggested that they could save some of the trees
by pulling back the grade.
Mr. Donovan explained that they propose to grade the top of
the slope so that the runoff could distribute slowly over a
large area, and not create a lot of runoff at one time. He
explained that if you create a swail as the neighbors did the
water has to have some place to go.
• Richard Arms noted that the proposed house plan places the garage
where the swail would be continued. He also noted that it is
not uncommon for engineers to have a difference of opinion
regarding ways to accomplish things, but noted that the
Commission needs to see that the drainage is taken care of in
a way that is fair to the neighbors.
Betsy Horne asked if they would be willing to entertain an
alternative to looming and seeding, and place rip rap there
as the alternative. Mr. Donovan stated that he felt that looming
and seeding would be better, since water gets through the rip
rap and grass would be more protective. He also stated thta
the weight of the rip rap might defeat its use as a stability
agent.
Fred Harney asked how much loom they would place. Mr. Donovan
stated that they would spread at least 6 inches .
David Colpitts addressed the Commission and stated that he felt
that the swail would fill up with leaves and that it is
unnecessary.
Paul Claveau, of Clark Avenue, and constructed drainage swail
on his property, disagreed that the swail was unnecessary.
He noted that Mr. Colpitts caused the whole problem in the first
• place, by filling the property without the consent of the owners.
He noted that he did not think it was fair for him not to have
2
to do what the neighbors did at great expense, out of necessity,
to save their investment.
Tom Walsh explained to Mr. Colpitts that the Commission could
only address what is presented to them. He asked Mr. Claveau
if his engineer ever suggested what Mr. Colpitts is proposing.
Mr. Claveau stated that his engineer felt that the swail was
necessary to relieve the pressure. Tom Walsh asked Mr. Claveau
what the results of his work were. Mr. Claveau stated that
he should be able to build, and that the slope has taken well .
Debbie Hurlburt noted that there is a gully on his property.
David Colpitts stated that if the Commission feels that the
swail is necessary he would put it in. He stated that he and
his wife have been waiting a long time to build this house and
if it would mend fences he will entertain it.
Atty. Vitali stated that Mr. Donovan feels that this is the
way to achieve the best results .
Mr. Donovan noted that the material is clay and water does not
go through it.
Richard Arms asked where the water would go, without the swail.
Mr. Donovan stated that it would go back towards the house and
they could have a sump pump in the cellar.
• Betsy Horne stated that she did not want to have a situation
where a hose would be coming from the cellar into the wetland.
Mr. Donovan noted that there would be a perimeter drain with
crushed stone around the house.
Fred Harney stated that he was in favor of the swail. He also
expressed concern about flooding.
Mr. Donovan stated that he felt that you would need a tremendous
storm, better than a 100 year storm to cause flooding.
Mr. Colpitts noted that the material has been there since 1990
and has been through 3 years of climate changes, noting that
this winter is a good example of what the material can stand.
Mr. Colpitts will submit a redesigned plan with a swail, and
a drain the same as the neighbors, and a cross section of the
drain around the house. Betsy Horne also asked that Mr. Donovan
super impose the topography of Julie Armstrongs property, from
Commission records, so that the Commission can see what the
effect might be.
Motion made by Chris Kent to continue the public hearing until
• the next meeting of the Commission on May 27, 1993, with the
consent of the applicant, seconded by Fred Harney and approved
3
• unanimously.
CONTINUATION OF PUBLIC HEARING - HAWTHORNE COVE MARINA - 10
WHITE STREET
David Vine the
engineer for the project and Russell Vickers addressed the
Commission to submit a revised plan to extend the sheeting
proposed, using the other side of the sheeting to hold it
together. He submitted a letter with the plan explaining the
reasons for the revision. He noted that the sheet piling would
be secured with tie backs. ire also stated that the area would
be graded to elevation 14 . Mr. Vine stated that all work would
be done from the land.
Mr. Vine submitted the information requested by the Commission
at the site visit. A dirt pile from a recent tank removal,
has been moved to Stoughton, Mass.
Richard Arms expressed his concern that debris from work being
done on the boats would get into the water. Mr. Vickers stated
that he has taken step to implement good housekeeping practices
at the marina.
There being no further comments from those present a motion
• was made by Tom Walsh to close the public hearing, seconded
by Bob Crowley and approved unanimously.
Motion made by Tom Walsh to issue an Order of Conditions, with
Special Conditions 11 2, 3, 4, 7, 12, 13, 15 as amended, seconded
by Richard Arms and approved unanimously.
OLD / NEW BUSINESS
Betsy Horne reported that she is meeting with City Solicitor
Robert Ledoux to discuss by-laws for the Commission.
Bertini Extension
Debbie Hurlburt reported that Atty. Serafini informed her that
the work should be starting next week on the Bertini property.
Tri - City Sales
Debbie Hurlburt reported that she met with the contractor hired
by Mr. Cohen. She also noted that she went out there with Will
Beaulieu and nothing has been done. She contracted Atty. Berg
who was surprised that nothing has been done. Betsy Horne
suggested that if they do not get moving, the Commission should
be able to hire a contractor to do the clean up and bill Mr.
• Cohen.
Salem High School Dumping
4
• Debbie Hurlburt reported that the Commission had a site visit
to Salem High and that the dumping is still going on. Betsy
Horne stated that she would write to Mayor Harrington, regarding
this intra-municipal problem.
Wetlands Identification Workshop
Debbie Hurlburt reported that she has been in touch with Dr.
Arnold of Salem State College, and that a workshop could be
held for the Commission at a cost of $150.00 per person. She
noted that it would include use of the new infrared photos,
and instruction on how to read the wetlands maps. She also
noted that they would go on field investigations and identify
vegetation.
Emergency Certification - 128 Bayview Avenue
Debbie Hurlburt informed the Commission of an emergency
certification that is necessary at 128 Bayview Avenue. She
showed the Commission photos of a hole in the retaining wall
between the house and the ocean.
Betsy Horne expressed her concern on what constitutes an
emergency, and that the Commission should be mindful of the
regulations. She stated that she would discuss this with Atty.
• Ledoux at her meeting.
APPROVAL OF MINUTES
The minutes of the meeting of March 11 , 1993 were presented
for approval. Motion made by Fred Harney to approve the minutes
of the meeting of March 11 , 1993, seconded by Bob Crowley and
approved unanimously.
The minutes of the meeting of March 25, 1993 were presented
for approval. Motion made by Fred Harney to approve the minutes
of the meeting of March 25, 1993, 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 Tom Walsh to adjourn the
meeting, seconded by Fred Harney and approved unanimously.
The meeting was adjourned at 10:15 p.m.
RESPECTFULLY SUBMI�TTTEAD ^B,�Y:
C-C � S J`� �""
EILtEN M. SACCO, CLERK '
CC051393
• 5
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, MAY 27, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, May 27, 1993 at 7:00 p.m. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Richard
Arms, Abby Burns, Bob Crowley, and Chris Kent. Fred Harney
was absent. Also present were Conservation Administrator Debbie
Hurlburt and Eileen Sacco, Clerk.
CONTINUATION OF A PUBLIC HEARING - NOTICE OF INTENT - CLARK
AVENUE - DAVID COLPITTS
Betsy Horne reviewed the revised letter of submittal from McPhail
Associates regarding the changes in Mr. Colpitts plan. Mr.
Donovan was present at the meeting and explained the changes.
He noted that they changed the location of the proposed garage,
by moving it forward five feet to fit the drainage swale, which
is now also included. He showed the Commission a revised plan
which detailed the catch basin, Swale, and perimeter drain,
as well as the contours that extend from the adjacent property
owned by Ms. Armstrong.
• Betsy Horne asked if the catch basin was similar to those that
the neighbors installed. Mr. Donovan replied that they are
the same.
Abby Burns noted that during a site visit it was discovered
that the swale on the Armstrong property did not seem to be
working properly. It was suggested that perhaps they need
some more crushed stone in there. Mr. Donovan noted that their
plan showed that they are pitching the swale and it is shown
in three places on the plan, so that the water that gets into
-the swale will drain into the catch basin.
Abby Burns asked if they plan to plant the trees after
construction. Mr. Donovan stated that they plan to take the
dead trees down to hold the bank.
Betsy Horne asked if anyone present at the meeting wished to
comment on the plan.
Patty Rutkowski of 5 Clark Street addressed the Board about
the necessity of the swale, noting that she is in favor of
building the house. Betsy Horne replied that the Commission
feels that the swale is necessary.
• Richard Arms suggested that they plant some trees at the top
of the slope to help hold in. Abby Burns agreed, noting that
1
there are many erosion control methods available, and something
would be appropriate.
Richard Arms noted his concern that the other catch basins,
and suggested that they could possible put a concrete base at
the bottom with rip rap. Mr. Donovan stated that would be
done in a situation where you don't have a horizontal pipe.
Richard Arms also asked about the maintenance of the catch
basins. Mr. Donovan stated that they should be cleaned out
occasionally.
Tom Walsh asked how much loom would be placed on the slope.
Mr. Donovan stated that six inches of loom would be placed.
Richard Arms suggested that a condition could be made to insure
that the remaining portion of the slope be seeded beyond the
swale and catch basin.
There being no further questions or comments from those present,
a motion was made by Abby Burns to close the public hearing,
seconded by Bob Crowley and approved unanimously.
Motion made by Richard Arms to issue an Order of Conditions
with Special Conditions to David Colpitts for Clark Avenue,
seconded by Abby Burns and approved 5-0 .
• Betsy Horne will prepare special conditions to be considered
at the next meeting.
CONTINUATION OF PUBLIC HEARING - 230 HIGHLAND AVENUE -
DETERMINATION OF APPLICABILTY - SALEM SIGN
Mark Sherfy from Gulf of Maine Research Inc. addressed the
Commission on behalf of his clients, Mr. & Mrs. Finocchio, who
were present at the meeting. Dr. Hugh Mulligan of Gulf of Maine
Research Inc. was also present, as was Atty. Bruce Hughes
representing the Finnochios as well .
Mr. Sherfy addressed the Commission and stated that several
walks have been taken around the property and that the most
recent visit confirmed that there is wetland vegetation present
in patches, but not continuous, and they still feel that there
is no stream for vegetation to border, and the land is not a
bordering vegetated wetland. Dr. Hugh Mulligan stated that
it could be either an isolated wetland subject to flooding or
a Bordering Vegetative Wetland but it does not satisfy the
criteria for either.
Abby Burns asked if building on the site would affect the
wetalnds downstream. Dr. Mulligan replied that protective
measures could be taken and it would be outside the 100 foot
• buffer zone.
2
• Betsy Horne asked if they had researched the possibility of
the presence of a pipe that may be plugged, and may have created
a stream. Mr. Sherfy reviewed the drainage system and catch
basins on the plan.
Richard Arms noted that the new wetlands maps would be helpful
in this situation. Dr. Mulligan stated that the ultimate
evaluation is to look at the site, and that they have done that
and proven their case.
Abby Burns stated that the Commission has to take their word
for it, because they are unable to prove otherwise.
Bob Crowley noted that the area looks like a combination jungle
and dump.
Motion made by Abby Burns to close the Public Hearing, seconded
by Bob Crowley and approved unanimously.
Motion made by Abby Burns to issue a Negative Determination
for 230 Highland Avenue, seconded by Tom Walsh and approved
4-1 with Betsy Horne voting against it.
OLD '/ NEW BUSINESS
SESD DEP FILE N 64-210 UPDATE
• Atty. John Darling of Serafini, Serafini, and Darling addressed
the Commission to update them on the progress of the construction
of the Secondary Wastewater Treatment Facility at 50 Fort Avenue.
He explained that they are presently advertising for bids on
the initial phase of the project which is excavation and site
preparation work. The site prep work is expected to commence
in August 1993 and end around July 1994 . He also noted that
the site prep contract will be separate from the actual
construction contract for the facility.
Jane Wheeler of Camp, Dresser and McKee reviewed the changes
made to the plan since the approval of the Commission. She
noted that they have been approved to proceed with concept G,
and that the construction plans would not be ready until August.
She reviewed the changes to the approved plans and noted that
they were minor. She noted that the effluent pump station that
was scheduled to remain is now going to be demolished. She
also reviewed the drainage plan for the Commission. Ms. Wheeler
also noted that the Pollution Prevention Plan is due out next
month.
Betsy Horne asked if the information presented contradicts any
of the Conditions issued by the Commission. Atty. Darling stated
that they did not affect any conditions.
• 3
• Tri - City Sales Update
Debbie Hurlburt stated that the clean up has started and showed
the Commission pictures of the property.
Marblehead Pumping Station
Debbie Hurlburt reported that they have hydro seeded the area.
Properties Owned by the Commission
Debbie Hurlburt gave the Commission a list of all the properties
owned by the Commission.
Correspondence
The Commission reviewed various correspondence from Mayor
Harrington. Mass. DPW regarding Lane Chase, and the MACC
Newsletter.
Debbie Hurlburt reported that she has been notified of dumping
going on at Monroe and Taft Roads. She will investigate it
and report to the Commission.
Betsy Horne reported that she has written a letter to Mayor
Harrington regarding the dumping at Salem High School.
• Betsy Horne also reported to the Commission that she has met
several times with City Solicitor Bob Ledoux. She reported
that the associate members that the Peabody Commission has pushes
the bounds of what is legal and that their votes could be
challenged. She stated that North Andover has by laws which
allow associate members. She will request that 3 or 4 Associate
members be appointed to the Commission.
Debbie Hurlburt reported that Cold Springs is being tested as
a possible source of drinking water by the Board of Health,
as per the City Council Order,
Betsy Horne reported that the Greenlawn Cemetery has decided
to go ahead and use aquazine. She noted that the information
from DEP regarding aquazine has been forwarded to Bob Blenkhorn,
and he is aware of the restriction of 12 months before the water
can be used for drinking.
APPROVAL OF MINUTES
The minutes of the meeting of April 8, 1993 were presented for
approval. Motion made by Tom Walsh to approve the minutes of
the meeting of April 8, 1993 as amended, seconded by Abby Burns
and approved unanimously.
• The minutes of the meeting of April 22 , 1993 were presented
4
for approval. Motion made by Bob Crowley to approve the minutes
• of the meeting of April 22, 1993, as amended 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 Tom Walsh to adjourn the
meeting, seconded by Abby Burns and approved unanimously.
The meeting was adjourned at 9: 10 P.M.
RESPECTFULLY SUBMITTED BY:
y-
EIL EN M. SACCO, CLERK
CC052793
•
• 5
THE MEETING OF JUNE 10 , 1993 WAS CANCELLED DUE TO A LACK OF A
QUORUM.
•
•
• t
SALEM CONSERVATION COMMISSION
.' MINUT'c!P OF MEETING
THURSDAY, JUNE 24, 1993
A regular meeting of the Salem Conservation Commission was held
on June 24, 1993 at 7:00 P.M. in the second floor conference
room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Chris
Kent, Richard Arms, Bob Crowley, Abby Burns, and Fred Harney
( 8:00 ) . Also present were Conservation Administrator Debbie
Hurlburt, and Eileen Sacco, Clerk.
GTE / SYLVANIA - UPDATE PRESENTATION BY ED HAWKINS OF GZA -
GLASS LANDFILL CLOSURE
Ed Hawkins of GZA addressed the Commission and stated that at
the end of May he contacted Arun Shah of the project manager
for Solid Waste Disposal at DEP and submitted the final plans.
He noted that the plan has been given verbal approval and that
they are waiting for the letter of approval.
He also reported that the Salt Marsh Restoration Plan was
submitted to the Conservation Commission in late May, noting
that Dr. Hugh Mulligan has made comments and that they are
• willing to work with the Commission on issues that they consider
reasonable. He also suggestea that the Public Hearing could
be closed.
Betsy Horne noted that the Commission members need to review
the comments made by Dr. Mulligan, as well as comments from
an expert who reviewed the plans, and made comments as well.
She suggested that the members review the comments and that
the Public Hearing should be left open until July 8.
Betsy Horne also read a letter from Ward Seven Councillor Mark
Blair expressing his concern that the glass should be removed
from the site.
Betsy Horne suggested that GZA review the comments from Gulf
of Maine and Betsy' s Expert and respond in writing well before
the next meeting, so that the members of the Commission can
review the response prior to the next meeting. Ed Hawkins
expressed his concern about the possibility of conflicting
comments. Betsy Horne stated that he should address those
matters with her if there are any.
Chris Kent addressed Mr. Hawkins and stated that he would prefer
to see the glass fill removed from the site. Mr. Hawkins stated
that there is no technical or environmental reason to remove
the material. He explained that they are taking the material
• from the salt marsh and distributing over the area to be capped,
1
noting that the increase in elevation would be a maximum of
eight feet, and the shape and lay of the land would remain the
same. He further stated that they feel comfortable from an
environmental and pragmatic standpoint. Chris Kent asked what
the objection would be to removing the material. Mr. Hawkins
stated that the material will help to restore the area to grade,
and that a significant amount of sand would have to be brought
in. He also stated that this has been an issue for the last
year and a half and that they have addressed all of the concerns
raised. He further stated that there has been a lot of time
for comments and that it is late to have to start all over again.
Betsy Horne asked if there was anyone present at the meeting
who wished to comment.
Ellen Galligan of 22 Cleveland Road addressed the Commission
and stated that the neighbors are opposed to the plan as set
forth, and that it is no news to the Commission or the State
that they want the glass removed from the site. She noted that
they have had to live with it long enough and that it should
be removed. She also requested copies of the comments made
by GMRI and Betsy's Expert.
Tom Capano of 139 Loring Avenue addressed the Commission and
asked who would be monitoring the maintenance of the site after
completion of the project. He noted that he has had problems
• with GTE in the past regarding maintenance and wondered who
would monitor GTE. Mr. Hawkins stated that there are monitoring
plans in place that GTE has committed to by submitting the plan.
He stated that he could assure those present that GTE has
indicated that they would monitor and take responsibility for
the salt marsh restoration and other issues. He also suggested
that monitoring of maintenance could be a condition of the
Conservation Commission approval.
Richard Arms suggested that he would like to have time to review
the comments and the response from GZA for the next meeting.
Abby Burns asked what retribution the city would have if the
monitoring does not happen. Betsy Horne stated that the
Commission could require a performance bond for the project.
Chris Kent asked if they investigated possible locations that
would accept the glass fill if it were to be removed. Mr.
Hawkins stated that they have not investigated location to accept
the fill because it has been their position all along to cap
the site. He noted that they could probably find a place to
accept it if they had to.
Abby Burns asked what the composition of the cap would be.
Mr. Hawkins explained that there would be 6 inches of sand over
• regraded glass, covered by a geosynthetic membrane that would
be 60 ml thick sheets of plastic that will be laid over the
2
• glass fill. The next layer would be 12 inches of sand, covered
with 6 inches of loom and seeded.
Betsy Horne expressed her concerns about the effects of the
opening and closing of the tidal gates at Forest River on the
project. Ed Hawkins stated that if GTE were to issue a
performance bond for the project they would want assurances
that the conditions of the salt marsh would not be hampered
by occurrences beyond their control. Dr. Mulligan suggested
that they should maximize the low salt marsh and minimize the
high salt marsh, noting that tidal gates would not have a
significant impact if the area is restored to the low marsh.
Ed Hawkins stated that the intent of the restoration is to
restore the area to its previous condition.
Ann Fournier of 5A Cleveland Road Ext. addressed the Commission
and stated that the glass does not belong there and that last
year they were told that the glass would be too expensive to
remove, not that they need the glass to restore the land.
There being no further questions or comments at this time, a
motion was made by Bob Crowley to continue the Public Hearing
until July 8, 1993, seconded by Abby Burns and approved
unanimously.
NOTICE OF INTENT - 53 MASON STREET - ANDY WEINSTEIN
• Andy Weinstein addressed the Commission and explained his
proposal to grade his property at 53 Mason Street. He also
noted that he had been before the Commission previously to get
information regarding his plans. He explained that he plans
to grade the area and fill the area with a combination of clean
6-8" stone and bank gravel . He noted that he is leaving a 6 '
buffer zone along the North River which will be loomed and
seeded, along with a 2:1 pitch which will be also seeded. He
also explained that approximately 70 ' section of the upper
parking area will be graded and 2 inches of Lynn pack will be
added to bring it to grade with the existing hot top. He also
stated that a siltation fence will be installed along the
perimeter of the buffer zone.
Abby Burns asked how the plan fits with the plans of the state
for the new road to be constructed as part of the Salem Beverly
Bridge project. Mr. Weinstein stated that he has tried to obtain
a copy of the states plans, but has been unable to do so, noting
that is the reason for the six foot buffer zone.
Betsy Horne stated that she felt that it was important to find
out what the state 's plans are, and suggested that a site visit
would be appropriate. It was decided to have a site visit on
Monday, June 28, 1993 at 8:00 A.M.
• Motion made by Abby Burns to continue the Public Hearing to
3
. July 8, 1993, seconded by Fred Harney and approved unanimously.
NOTICE OF INTENT - 23 LINDEN AVENUE
Robert Bouchard was present at the meeting with John Dick of
Hancock Survey, to request approval of a Notice of Intent for
the construction of a single family dwelling and subsurface
sewerage disposal system, with a driveway, utilities and
landscaping in a buffer zone. Mr. Dick explained the proposed
plans to the Commission. He noted that the dwelling would be
at minimum setback and the nearest corner of the septic system
would be approximately 62 feet from the pond.
Betsy Horne noted that this is the first title 5 that has come
before the Commission since she has been a member. She asked
Mr. Dick what the possibility would be of tying into the
municipal sewer system. Mr. Dick stated that the sewer system
does not go that far. The Commission reviewed the sewer maps
for the City.
Bob Crowley asked Mr. Dick to explain what the reserve area
is. Mr. Dick explained that a reserve area is a spare area
set aside to be used in the event that the system fails and
a new system needs to be installed.
Richard Arms asked to have the location in relation to the pond
• explained. Mr. Dick stated that the septic system would be
62 feet from the pond, the foundation would be 44 feet from
the pond, and closest corner of the house to the water would
be 25 feet.
Betsy Horne asked if there was anyone present who wished to
comment on the matter.
Wilbur Bassett of the Marblehead Water and Sewer Commission
addressed the Commission and stated that they are opposed to
the project because they are concerned about the quality of
water, and noted that they maintain an emergency water supply
there. He also presented a letter of opposition from Dana Snow,
of the Marblehead Water and Sewer Commission. Mr. Bassett also
noted that a 1978 Order of Conditions from DEQE concerning Mackey
Pond and Tedesco Pond, states that the City of Salem is required
to maintain the water quality of the ponds. Debbie Hurlburt
stated that she would locate the Order and include it in the
next meeting package.
Richard Arms asked Mr. Dick to comment on Mr. Bassett ' s remarks.
Mr. Dick asked Mr. Bassett if there was a water supply in the
area now. Mr. Bass stated that they have a gravel well located
in the left hand side of the northeast corner of the pond, noting
that in an emergency they could use the water supply for the
• Town of Marblehead.
4
• Mr. Bouchard stated that at present all of the drainage from
Vinnin Square goes into the pond.
Betsy Horne stated that she thought that a site visit would
be in order. It was decided to hold a site visit on Monday
June 28, 1993 at 7:30 A.M.
Motion made by Richard Arms to continue the Public Hearing until
July 8, 1993, seconded by Abby Burns and approved unanimously.
NOTICE OF INTENT - WEBB STREET- / FORT AVENUE - SESD
Atty. John Darling representing SESD addressed the Commission
and stated that this project is an adjunct project to the
Secondary Sewerage Treatment Plant which has been before the
Commission previously. He noted that during negotiations for
that project it was agreed that this project would be undertaken
to mitigate the noise and truck traffic in the Webb Street /
Fort Avenue area, and to reconstruct the intersection of Webb
and Essex Street. He also noted that traffic control
improvements would include placement of regulatory signs and
school zone speed limit signals, and the installation of a
traffic signal control at Webb and Essex Street.
Atty. Darling stated that the area is considered Land Subject
to Flooding and the project would not result in any loss of
• flood storage and there would be no changes in the drainage
patterns , as existing drainage would be maintained. He noted
that for these reasons, there would be no project related adverse
impacts to the wetlands interests of flood control and storm
prevention. He also noted that they were bringing this project
before the Commission in an effort to give the Commission the
determination of the project. He stated that they had considered
filing a Determination of Applicability, but decided to file
a Notice of Intent to give the Commission the option of approving
the NOI or finding a Determination of Non Significance.
Fred Harney asked what method of paving they would be using.
Mark Braiewa of Rizzo Associates stated that they would be co-
planing and grinding the pavement.
Betsy Horne opened the meeting up for public comment at this
time.
Patty Rutkowski, Joe Szymanski, and Mrs. Martin of H & H
Propeller stated that they attended the meeting becuase the
notice that they received stated that traffic concerns would
be addressed. Mr. Braiewa reviewed the traffic control changes
proposed for them. They stated that they have no problem with
the project.
• There being no further comments or questions at this time a
motion was made by Abby Burns for a Determination of Non-
5
• Significance, seconded by Tom Walsh and approved unanimously.
DRAFT ORDER OF CONDITIONS - CLARK AVENUE - DAVID COLPITTS
Betsy Horne informed the Commission that Atty. Vitale has
reviewed the draft Order of Conditions and it seems that they
were taken aback by them. She stated that Atty. Vitale indicated
that they were in excess of what was required of Julie Armstrong
and Paul Claveau. Betsy also noted that Mr. Colpitts has
indicated that he may give up on the project due to financial
constraints , and the conditions set forth by the Commission
add to that problem. She asked the Commission for their opinion
of the Conditions. All of the members agreed that they were
in agreement with the proposed conditions. Betsy asked the
members if there was any room for compromise.
Abby Burns questioned if it would be in the interest of the
city to make it hard for the project to move forward, or would
it be better for the wetland to have the project move forward.
Debbie Hurlburt stated that she got the impression from Mrs.
Colpitts that the amount of the bond would be a problem. She
also noted that the cost of the Clerk of the Works could be
a problem as well .
Richard Arms suggested that the Commission could let go of either
• the Bond or the Clerk. He also noted that they need to get
a Certificate of Compliance from the Commission before they
can sell the property, if that is what they want to do.
Betsy Horne will check with City Solicitor Bob Ledoux about
the where the Commission stands with this matter in the event
that Mr. Colpitts decides to give up the project.
OLD/NEW BUSINESS
Tri-City Sales
Debbie Hurlburt reported that the fence has not yet been put
up. She noted that a surveyor went out there and she will find
out the status of the matter on Monday.
Salem High School
Betsy Horne reported that she has made several phone calls to
Mayor Harrington, but has been unable to reach him.
Other Business
Debbie Hurlburt reported that the fence is up at Bertini ' s and
the trees have been planted.
• Debbie Hurlburt reported that the yearly operational report
6
• from AmTrack has been received.
Debbie Hurlburt distributed new copies of the Code of
Massachusetts Regulations 310.
Berrywood Lane
Debbie Hurlburt reported that there is a parcel of open space,
which has a conservation easement, by the Conservation
Commission, on Berrywood Lane. She also noted that there is
a potential buyer for one of the lots that abuts the land and
the buyer has requested that the City either put up a fence
or post a sign designating the times for the use of the open
space. She will check into the matter to see if this has been
done before.
APPROVAL OF MINUTES
The minutes of the meeting of May 13, 1993 were presented for
approval. Motion made by Chris Kent to approve the minutes
of the meeting of May 13, 1993 as amended, seconded by Abby
Burns and approved unanimously.
The minutes of the meeting of May 27, 1993 were presented for
approval. Motion made by Abby Burns to approve the minutes
of the meeting of May 27, 1993, seconded by Richard Arms and
• approved unanimously.
Richard Arms read his letter of resignation from the Conservation
Commission to the Commission. He specifically mentioned the
hard work and dedication of Betsy Horne and Debbie Hurlburt.
Betsy Horne thanked Mr. Arms for his support, and his service
to the Commission, noting that he will be missed.
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 Bob Crowley and approved unanimously.
The meeting was adjourned at 10:30 p.m.
RESPECTFULLY SUBMITTED
��BY:
��
J V/rl J'�t�
EILEEN M. SACCO, CLERK
CC062493
APPROVED AS AMENDED JULY 8, 1993
• 7
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, JULY 8, 1993
A regular meeting of the Salew Conservation Commission was held
on Thursday, July 8, 1993 at 7:00 P.M. , in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Abby Burns, Chris
Kent, Bob Crowley, and Fred Harney. Tom Walsh was absent.
Also present were Conservation Administrator, Debbie Hurlburt
and Eileen Sacco, Clerk.
CONTINUATION OF PUBLIC HEARING - GTE/SYLVANIA - LORING AVE
Fred Harney recused himself from discussion of this matter.
Ed Hawkins addressed the Commission and reviewed their responses
to the comments made by Gulf of Maine and "Betsy' s Expert" .
He stated that they have no additional information at this time.
The Commission reviewed the responses to the comments.
Bob Crowley asked about the difference in high and low marsh
vegetation. Ed Hawkins stated that there is a difference in
• the type of vegetation that constitutes a high and a low marsh.
He noted that they are concentrating on the high marsh. He
also stated that there are indications from aerial photographs
that the area was originally high marsh.
Abby Burns questioned when Sylvania was built. Mr. Hawkins
stated that it was built in 1936, and the salt marsh began to
be filled at that time. He also pointed out that no additional
wetlands have been consumed since the 1950 's.
Abby Burns asked if there was a possibility that they may restore
the low marsh as well. Mr. Hawkins stated that there is a chance
that the low marsh would be restored as well. He also stated
that they need to determine that, and will determine whether
to restore the high or low marsh based on conditions uncovered
during excavation.
Betsy Horne asked about the effect of the tidal gates on the
project. She asked Hugh Mulligan if he had any comments to
make. Dr. Mulligan stated that the tidal gates are something
that the Commission can deal with anytime. He estimated that
closing the gates 10 times would mean that the gates would be
closed about 2/7 of a week period. He also suggested that before
the season for closing the gates, the plantings should be
established.
• Ed Hawkins stated that they intend to complete the excavation
1
• this fall and planting done as early as possible the next spring.
Mr. Hawkins also noted that they have assessed the tidal gate
situation and that they will monitor the area. He further noted
that he felt that the tidal gates would have minimal impact.
Betsy Horne noted that it has been suggested that a qualified
biologist be on the site. Ed Hawkins stated that they have
a Wetlands Scientist who would be on the project.
Betsy Horne referred to the 3-1 slope and cited CMR 310:40,
regarding drainage on the glass landfill. Ed Hawkins explained
the sheet flow onto the lower most portion of the slope.
Abby Burns questioned the use of herbicides and suggested that
there are other methods that can be used.
Dr. Mulligan suggested that given the fact that the tidal gates
would be closed occasionally, if a large amount of plants are
planted, more of them would take and the process would be
quicker.
Chris Kent asked how long they plan to monitor the project.
Ed Hawkins stated that they plan to monitor it for two years,
and are prepared to monitor it for five years, or what the Order
of Conditions states.
• Betsy Horne asked if there was anyone present at the meeting
that wished to comment on the plan. There was no response.
Betsy Horne reviewed a list of concerns that was compiled from
the minutes to the meetings, since the start of the public
hearing.
Abby Burns asked what would happen if the cap fails. Ed Hawkins
stated that they feel comfortable that the cap is designed not
to expect failure. He stated that they have stringent
specifications as specified in the closure design report.
There being no further questinns or comments at this time, and
because the applicant made it clear that GTE wanted to close
the Public-Hearing, motion was made by Abby Burns to Close the
Public Hearing for the GTE/Sylvania Land Fill Closure and the
Salt Marsh Restoration project, seconded by Bob Crowley and
approved unanimously.
Betsy Horne stated that she would try and get a draft Order
of Conditions to GTE before the next meeting, and the Commission
would discuss the matter at the next meeting in two weeks.
Ed Hawkins thanked the Commission for all their time over the
last two years and stated that it has been a pleasurable
experience.
2
• PUBLIC HEARING - REQUEST FOR DETERMINATION OF APPLICABILITY-
140 BAYVIEW AVENUE
James Michaud and Fletcher Hall addressed the Commission to
request a Determination of Applicabilty for 140 Bayview Avenue.
Mr. Michaud stated that he plans to put a new foundation under
the rear of the house, close in the porches, and enlarge a rear
deck. The Commission reviewed the plans for the project.
Abby Burns stated that she felt there was no problem.
Betsy Horne asked what they would be using for heavy equipment.
Mr. Michaud stated that they would be using a back hoe.
There being no further questions or comments from those present,
a motion was made by Abby Burns for a Negative Determination,
with special conditions, seconded by Chris Kent and approved
unanimously.
PUBLIC HEARING FOR A NOTICE OF INTENT - NEPCO - WAITE AND PLANTER
STREETS
Richard Murdock of GEI Consultants addressed the Commission
on behalf of New England Power Company. Also present were Joe
Callahan, Environmental Engineer for NEPCO, and Mark Mahoney
also of GEI.
• Mr. Murdock explained that they are seeking an Order of
Conditions Phase II of an Environmental Site Investigation,
being conducted at Waite and Planters Street. He stated that
the work involves the installation of monitoring wells and
excavating both test pits and shallow hand excavations . Mr.
Murdock also noted that the site is on the 21E list. He also
explained that the first phase of the project, which was a
limited site investigation was completed in September of 1992.
Fred Harney asked to see a copy of the original Order of
Conditions.
Abby Burns asked what the next phase of the project would be.
Mr. Murdock stated that the project has direct DEP supervision
and they will comment soon on the scope of the work that has
been submitted. He also stated that it would be a while before
anything is done.
Chris Kent asked if they have finished the Phase I report for
the project. Mr. Murdock stated that it was complete and had
been submitted to DEP in September.
Betsy Horne asked members if they felt that a site visit would
be in order. Bob Crowley stated that he did not feel it was
• necessary, since there is not much to see out there.
3
The Commission reviewed the original Order of Conditions. It
was noted that a condition was made that a copy of the report
for Phase I be sent to the Commission. Debbie Hurlburt noted
that the report was never received. Mr. Murdock stated that
he has just started working on the project, but he would see
that the Commission gets a copy of the report. It was also
noted that the Order of Conditions had a restriction on the
working hours of the project.
Betsy Horne opened the hearing up to Public Comment.
Henry Casey of 25 Planter Street, stated that he would be
interested in seeing the report from phase I. Betsy Horne
informed him that the report would be made available to him
when the Planning Department receives it.
There being no further questions or comments from those present
at this time a motion was made by Abby Burns to close the Public
Hearing, seconded by Chris Kent and approved unanimously.
Betsy Horne asked the applicant to return to the next meeting
of the Commission in two weeks to receive an Order of Conditions.
CONTINUATION OF A PUBLIC HEARING - 53 MASON STREET
• Andy Weinstein addressed the Commission and stated that he
reached the State, concerning the bridge bypass Road and found
out that the area near his property has not been designed.
He did note that the State wants to reconstruct the wall along
the canal bed, and his proposal involves no grading within six
feet of the canal.
Mr. Weinstein stated that his plans call for a 2-1 slope from
the present 1Z -1 slope, and that would make the slope less
steep than it is today.
Betsy Horne noted that at the site visit, a concern was raised
about fire. Bob Crowley stated that as the brush grows it dries
out and there could be a potential for fire, but cutting them
down would take care of the problem.
There being no further questions or comments at this time a
motion was made by Abby Burns to close the public hearing,
seconded by Chris Kent and approved unanimously.
Betsy Horne asked the applicant to attend the next meeting of
the Commission in two weeks for an Order of Conditions.
CONTINUATION OF A PUBLIC HEARING FOR 23 LINDEN AVENUE
Mr. Robert Bouchard owner of the property, and John Dick of
• Hancock Engineering were present at the meeting.
4
• Betsy Horne noted that the Commission held a site visit to the
property. She noted that it was interesting to see that the
area had no municipal sewer system.
Chris Kent suggested that perhaps some of the money that the
city will get for compensation from SESD could be used to install
sewer systems in that area.
Debbie Hurlburt presented a letter from the Board of Health
supporting the project.
There being no further questions or comments at this time, a
motion was made by Bob Crowley to close the public hearing,
seconded by Abby Burns and approved unanimously.
Betsy Horne asked the applicant to attend the next meeting of
the Commission in two weeks to receive an Order of Conditions.
Betsy Horne read a letter to the Commission that she wrote to
Mayor Neil Harrington, concerning the lack of a municipal sewer
system on Linden Avenue Extension.
CONTINUATION - CLARK AVENUE - DRAFT ORDER OF CONDITIONS -
DISCUSSION WITH ATTORNEY RICK VITALI
Atty. Vitali addressed the Commission and stated that his client
David Colpitts has been through a long process and he has
financial limitations. He also stated that his client has made
a good faith effort to satisfy the Commission, by accommodating
suggestions. He noted that Mr. and Mrs. Colpitts want to proceed
and he requested that the Order of Conditions be closer in
conditions to those issued to Mr. Claveau and Ms. Armstrong.
Atty. Vitali stated that some of the proposed conditions such
as the bond and the hiring of a Clerk of the Works are
unattainable for Mr. Colpitts due to his financial situation.
Betsy Horne explained how she arrived at the proposed conditions
to Atty. Vitali. She noted that the configuration of Mr. Colpitts
lot is different from Mr. Claveau and Ms. Armstrongs property.
Betsy Horne reviewed each of the Conditions with Atty. Vitali
and discussed changes to them. It was decided that the
Commission would drop the request for a bond and the Clerk
of the Works will only oversee certain portions of the project
as specified in the final Order of Conditions which will be
voted on at the next meeting.
Atty. Vitali presented a letter authorizing the Continuation
of the decision until the next meeting of the Commission on
July 22, 1993.
OLD / NEW BUSINESS
• Betsy Horne read a letter to the Commission that she wrote to
5
. 1
• Richard Arms, thanking him for his service to the Commission.
Bertini Property
Debbie Hurlburt informed the Commission that the work on the
Bertini property has been completed and showed photographs of
the completed work.
Correspondence
Debbie Hurlburt reported that she received notification that
Amtrack will be doing their vegetation management from July
18 - July 31 , 1993 .
Debbie Hurlburt informed the Commission that she received
notification that B & M will be spraying for weed control on
July 5, 1993.
Debbie Hurlburt informed the Commission that the Planning Board
will be holding Public Hearings for Wetlands Flood Hazard Special
Permits for GTE and Nicholas Fiore. She noted that they request
comments from the Commission and other city boards as part of
the Public Hearing process.
Debbie Hurlburt also informed the Commission that the Planning
Board will also be considering an 8 lot Definitive Subdivision
. Plan for Durkin Road and Mooney Road.
Salem High School
Betsy Horne reported that she went to the site behind Salem
High School where the dumping has been going on and found that
the area has been bull dozed. She also reported that she has
made several phone calls to Mayor Harrington regarding the
matter, but she has received no response.
APPROVAL OF MINUTES
The minutes of the meeting of June 24, 1993 were presented for
approval. Motion made by Fred Harney to approve the minutes
of the meeting of June 24, 1993, 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 Chris Kent 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
6
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
JULY 22, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, July 22, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Abby Burns, Tom
Walsh, Fred Harney, Bob Crowley and Chris Kent. Also present
were Conservation Administrator Debbie Hurlburt and Eileen Sacco,
Clerk.
Betsy Horne announced to those present that the discussion of
the Order of Conditions for GTE/Sylvania is the sixth item on
the agenda.
REQUEST FOR DETERMINATION OF APPLICABILITY - CITY OF SALEM
REAR OF VALLEY STREET.
Acting City Engineer Charles Quigley addressed the Commission
and explained that at the rear of Valley Street there is a
resource area that has been accumulating debris for the past
couple of years . He also stated that past attempts by the city
to solve the problem have been unsuccessful. He noted that
• the water is flowing backwards and he observed muskrats, and
mosquitoes in the area. He stated that by leaving the area
in this condition, the city is driving people from their
property, as they are unable to use their yards.
Mr. Quigley explained that the DPW intends to clean out the
debris and direct the flow towards the foot bridge. He noted
that the debris is causing the backwards flow, and over the
course of the years trees have fallen in there causing the
resource area to dam up.
Abby Burns asked if there was any dumping going on there. Mr.
Quigley stated that he was not aware of any.
Mr. Quigley explained that he intends to send crews in there
with chain saws , and if that is not adequate then they may
possibly use a small bobcat. He noted that if the problem is
not taken care of it may ultimately cause problems for the city.
Bob Crowley stated that he felt that the work needed to be done.
Chris Kent asked how they plan to access the property with the
equipment. Mr. Quigley stated that they plan to enter and start
at the foot bridge.
Betsy Horne asked if there was anyone present at the meeting
• who wished to speak in the proposal.
1
Mr . Jack Anderson of 79 Valley Street addressed the Commission
and stated that he has spent the last seven years working on
this and has had no results. He noted that on September 23,
1989 the Commission had a site visit to the property and at
that time the city was going to take care of the problem, he
expressed his hope that this time it would take care of the
problem.
Mr. Clark of 81 Valley Street addressed the Commission and
described the condition of the property. He noted that he does
not feel that chain saws and back hoes would solve the problem.
He expressed his concern that the proposal is not adequate,
and requested that the matter be investigated further. Betsy
Horne noted that the Commission can only act on the proposal
submitted to them, and stated that this seems like a short term
proposal, and if they plan to do anything long term, they would
need to come back to the Commission.
Mr. Quigley stated that the intent of this proposal is to bring
the spring bed back to its original level so that when sand
and grit comes through the storm drain into the stream, there
is a settlement of sand from the stream. He stated that his
plan at a minimum would meet the original spring bed flow.
Chris Kent asked if there was a likelihood that the work could
cause more erosion. Mr. Quigley stated no.
• There being no further questions concerning the proposal, a
motion was made by Abby Burns for a Negative Determination with
two special conditions, seconded by Tom Walsh and approved
unanimously.
NEPCO - WAITE STREET AND PLANTERS STREET - DISCUSSION REGARDING
ORDER OF CONDITIONS
Tom Lawless and Mark Mahoney addressed the Commission on behalf
of their client NEPCO, to discuss the issuance of an Order of
Conditions .
Fred Harney asked if the Commission had received a copy of the
report of the testing done in phase one, as required by the
Order of Conditions issued. Debbie Hurlburt stated that she
has received the report.
Abby Burns asked who would be supervising the removal of the
first c.f. of soil as stated in the proposal. Mr. Lawless stated
that they would submit a schedule prior to the start of the
work. Betsy Horne noted that the Commission could require that
they hire the Clerk of the Works at their own expense to oversee
that.
• Betsy Horne suggested that they do the work at Low Tide. Mr.
Mahoney suggested that the Commission specify a distance of
2
1
• greater than 60 feet from the water to perform the work in.
There being no further question or comment at this time a motion
was made by Chris Kent to approve the Notice of Intent with
seven special conditions, seconded by Bob Crowley and approved
unanimously.
53 MASON STREET - DISCUSSION REGARDING ISSUANCE OF ORDER OF
CONDITIONS
Andy Weinstein was present at the meeting for a discussion
regarding the issuance of an Order of Conditions for his proposal
to grade his property at 53 Mason Street.
Betsy Horne noted that a concern was how to deal with the
proposed six foot buffer zone, and the possible plans that the
state has for the area. She asked if the members were
comfortable looming and seeding the area. The members indicated
that they agreed.
Betsy Horne suggested that the brush along the property should
be kept down to 6-8 inches. She also suggested that the silt
fence should be installed along the perimeter of the buffer
zone.
Fred Harney stated that the plan calls for Lynn Pack and that
• no hot topping should occur without the approval of the
Commission.
There being no further discussion of the matter, a motion was
made by Tom Walsh to issue an Order of Conditions with 15 special
conditions, seconded by Bob Crowley and approved unanimously.
LINDEN AVENUE - DISCUSSION OF ISSUANCE OF ORDER OF CONDITIONS
Robert Bouchard was present at the meeting to discuss the
issuance of an Order of Conditions for his proposal to build
a single family dwelling, and subsurface sewerage disposal
system, with a driveway and utilities in the buffer zone.
Betsy Horne noted that the Commission had a site visit to the
property, and closed the public hearing at the last meeting
on July 8, 1993. She also suggested that the applicant provide
for a buffer zone between the lawn and the resource area as
the neighbors next door have done.
The Commission reviewed the list of special conditions .
There being no further comment on the matter, a motion was made
by Abby Burns to issue an Order of Conditions with 17 special
conditions, for Robert Bouchard Linden Avenue, seconded by Fred
• Harney and approved unanimously.
3
CLARK AVENUE - DISCUSSION OF DRAFT ORDER OF CONDITIONS
• Atty. Rick Vitale was present at the meeting representing his
client David Colpitts. Atty. Vitale addressed the Commission
and stated that his client has serious concerns about his ability
to get financing for his project, because of the proposed
conditions. He requested that the Commission postpone voting
on the Order of Conditions, so that he can take them to some
financial institutions and see how they would effect financing.
Betsy Horne cautioned Atty. Vitale that the Commission is not
willing to make many more changes to the proposed conditions.
Atty. Vitale indicated that he understood that. He also stated
that if they cannot get financing, they will be unable to go
forward with the project, and they need to see if any of the
conditions would hold back financing.
The members agreed to extend the vote on the Special Conditions
for Clark Avenue, until September 9 , 1993 . Betsy Horne asked
that they get a list of any concerns to Debbie Hurlburt by Labor
Day, so that the Commission can review them prior to the
September 9, meeting.
GTE/ SYLVANIA - DISCUSSION OF ISSUANCE OF ORDER OF CONDITIONS
Fred Harney recused himself from discussion of this matter.
• Betsy Horne stated that a draft Order of Conditions had been
sent to the members and to GZA for review prior to this meeting.
She also noted that GZA has made comments on the draft conditions
and Dr. Hugh Mulligan has prepared some conditions for the
project as well.
The Commission reviewed the draft conditions and the response
from GZA.
Abby Burns expressed her concerns that this landfill is not
a conventional landfill, as are other landfills that have been
capped. She noted that there are other alternatives to capping
this site.
Betsy Horne noted that the applicant proposed this conventional
cap and it is up to them to propose what they want. She also
noted that the life of the cap and the potential for failure
are concerns of the Commission. Betsy Horne asked Ed Hawkins
of GZA, if he wished to comment on the concern. Mr. Hawkins
stated that they were attending the meeting to observe the
proceedings and choose to hold off on any comments at this time.
Betsy Horne noted that the draft conditions indicate that all
other permits need to be in hand prior to the start of
construction. She also noted that they have not yet received
• written approval from DEP. Abby Burns stated that she did not
feel that the Commission could act on this until it gets approval
4
• from DEP. Betsy Horne reviewed the letter in the file from
Arooh Shah of DEP that was written to GZA. She noted that the
letter indicated that the state is not requiring additional
information, and there are no further outstanding issues.
Abby Burns expressed her concerns that if the cap possibly leaks
it could present problems for the new owners. Chris Kent stated
that he thought that the monitoring would be the responsibility
of the title holder. Betsy Horne expressed her concern that
the State may be taking over the property, and Salem State would
be responsible for this.
Abby Burns suggested that the glass should be removed completely
from the site.
Betsy Horne noted that this issue has come up time and again
during the public hearing, as to whether the glass should be
completely removed from the buffer zone. Abby Burns stressed
that if they have not been given final written approval from
DEP that may be a problem. She also asked if they have looked
into removing the glass. Betsy Horne recalled that past
responses from GTE was that they have not looked into it.
Abby Burns suggested that they ask for an extension to issue
the Order of Conditions, so that the Commission could get
additional information. Betsy Horne noted that they would have
to reopen the Public Hearing in order to do that.
• Abby Burns stated that she wants more discussion on the issues
before deciding this matter. Chris Kent stated that it is hard
to get answers from GTE if they are not commenting at this
meeting.
Bob Crowley stated that he did not feel that the Commission
could assume that the project will be approved by DEP even though
the letter from Mr. Shah indicates that.
Betsy Horne asked Mr. Hawkins if they would be willing to reopen
the Public Hearing. Mr. Hawkins stated that they would not
be willing to reopen the hearing.
The Commission discussed requiring GTE to post a bond to insure
that all of the work is satisfactorily completed. Debbie
Hurlburt explained the procedure that was used to arrive at
the $237, 170.00 figure. She explained that they could post
a bond or a tri-partied agreement could be executed.
Tom Walsh stated that the Commission could issue an Order of
Conditions conditional on the receipt of written approval from
the state, and that in the event that the state denied the
project, or if the plan is altered in anyway, the Commissions
denial would be retroactive to this date, and by accepting the
• conditions the applicant would waive the right to an appeal
period.
5
The Commission reviewed the special conditions and the responses
from GZA, and made adjustments. They also reviewed the special
conditions prepared by Gulf of Maine, and added some of those
to the draft conditions .
There being no further questions or comments at this time a
motion was made by Bob Crowley to issue the Order of Conditions
with several special conditions, to GTE/Sylvania, seconded by
Abby Burns and approved unanimously.
OLD/NEW BUSINESS
Tri-City Sales
Debbie Hurlburt reported that Tri-City Sales has cleaned up
the wetland area. She also noted that the area has been surveyed
for the installation of the fence.
Cold Springs
Debbie Hurlburt reported that the testing of the water at Cold
Springs revealed that the water was very unsanitary.
439 Lafayette Street
Debbie Hurlburt reported that she had a request for a Certificate
• of Compliance from the Moore' s of 439 Lafayette Street. She
noted that they had done work along time ago in the rear of
the property around a swimming pool. She also noted the Will
Beaulieu went out an took pictures and everything is in order.
Motion made by Abby Burns to issue a Certificate of Compliance
for 439 Lafayette Street, seconded by Chris Kent and approved
unanimously.
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 Abby Burns and approved unanimously.
The meeting was adjourned at 10:45 p.m.
RES PECTFULL�Y��S,UUBM ITTEE/De BY:
�§�,
E EEN M. SAvCCO,-(CLERK
CC072293
APPROVED AS AMENDED SEPTEMBER 23, 1993
• 6
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, SEPTEMBER 91 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 9, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Present were: Chairwoman Betsy Horne, Tom Walsh, Fred Harney,
Chris Kent, and Bob Crowley. Also present were, Conservation
Administrator Debbie Hurlburt, and Eileen Sacco, Clerk.
NOTICE OF INTENT - SALEM OIL AND GREASE COMPANY - 60 GROVE STREET
DR. HUGH MULLIGAN - GULF OF MAINE RESEARCH INC.
Mark Sherfy of Gulf of Maine Research Inc. addressed the
Commission to explain the proposed project. He explained that
they propose to complete a facility improvement project designed
to eliminate worker exposure to contaminated soil and to provide
spill control in loading areas adjacent to the North River Canal,
and bring the site into compliance with Chapter 21E and the
SPCC Regulations. He also noted that the project would involve
the removal of surficial contaminated soil from a portion of
the site and paving several portions of the site.
• Mr. Sherfy explained the soil removal process. He noted that
they plan to excavate approximately 66 cubic yards of surficial
contaminated soil from the former degreasing chamber located
in the Former Tannery Area. He also noted that the approximate
depth would be 6 feet, and after removal of the soil the area
would be back filled with clean fill and graded. Mr. Sherfy
explained that the contaminated soil would be stock piled in
the open area south of the Former Tannery Area, outside of the
buffer zone for three weeks so that it can be tested. The
material will be placed on a 6 mil polyethylene sheeting, and
each pile will be covered with a secured layer of sheeting
and surrounded by staked haybale barriers to prevent
sedimentation into the canal. The material will be transported
by a licensed transporter and disposed of in a hazardous waste
landfill.
Betsy Horne suggested that the Commission have a site visit
to the site. Mr. Sherfy agreed that it would be no problem.
Mr. Sherfy explained the areas that are to be paved. He noted
that the Office Building Loading Area, The Former Tannery Area,.
The Truck Turn-around Area, and Portions of the Former
Sulfonation Building Loading Area would be paved. He explained
that the surface in all of these areas currently consists of
Lyn-Pact with the exception of the Former Tannery Area. Portions
• of the Former Tannery Area are vegetated with upland grass and
herbacious plantings, and a large concrete brick slab is also
1
• present. He also explained that the runoff from the Former
Tannery Area which are vegetated will be directed toward the
North River Canal. He noted that the paving of these areas
will not result in a substantial change to the imperious areas
on the site. He also explained that the Office Building Parking
Area and the Finishing Building Loading area, which are already
paved and are deteriorating will be repaved, and will not result
in an increase of surface water to the North River Canal.
Mr. William Baird of Web Engineering Associates Inc. explained
that they also propose to install spill control structures in
the loading areas adjacent to the Former Sulfonation Building.
The spill control measures will consist of concrete pads equipped
with catch basins to collect spilled materials or divert
rainwater. Construction will include grading to ensure that
spilled materials in the loading areas are not discharged into
the canal.
Mr. Baird also explained that the Pipe Transfer Area on the
south side of the Finishing Building is currently equipped with
spill control structures. If possible the existing concrete
pad and catch basin will be maintained during construction.
Mr. Baird also explained that two five foot wide grassed filter
strips will be constructed along the southern edges of the North
River Canal, to prevent any direct discharge of surface runoff
• into the canal. One filter strip will be located adjacent
to the Former Sulfonation Building Loading Area and one will
be located between the Finishing Building and Building 59.
Mr. Baird also explained that they plan several upgrades to
materials management structures at the facility, to provide
secondary containment for storage and transfer structures, and
to improve materials management practices at the facility.
He noted that the proposed upgrades include the construction
of a covered above ground pipeway for several steam and product
pipes that run between the Finishing Building and Building 59.
He further noted that the pipeway has been designed to prevent
a release of oil in the event of a break in one of the product
pipes.
Mr. Baird also noted that the project includes the removal of
a 5000 gallon underground fuel oil storage tank and an above
ground skid mounted tank adjacent t The Finishing Building.
They will be replaced with new tanks which will be above ground
on a concrete pad, surrounded by a concrete berm to provide
secondary containment for the tanks, and prevent spills from
the tanks from reaching the canal.
Mr. Baird also explained that they propose to install a new
waste manifold system above the floor grade inside the Finishing
• Building, which will improve waste water handling and reduce
the likelihood of inadvertent discharge of wash water or process
2
• water into the North River Canal.
There being no further questions or comments concerning this
proposal, a motion was made by Bob Crowley to continue the Public
Hearing to September 23, 1993, seconded by Fred Harney and
approved unanimously.
The Commission will have a site visit to the property on Tuesday,
September 21 , 1993 at 7:45 a.m.
CLARK AVENUE- DISCUSSION REGARDING DRAFT ORDER OF CONDITIONS
- ATTORNEY RICK VITALI
Betsy Horne noted that Mr. Colpitts has submitted a revised
Order of Conditions for the Board to consider. The Commission
reviewed them.
Atty. Vitali addressed the Commission and noted that Mr. Colpitts
had taken the Conditions prepared by the Commission to several
local bankers and that it is impossible for him to get financing
with these conditions. He noted that Mr. Colpitts has made
a substantial investment in the area and that he was well
intended, however he cannot go forward with these conditions.
Atty. Vitali introduced Mr. Ouellet, an Investment Banker to
the Commission. Mr. Ouelett stated that he was interested in
• purchasing the property and asked several lenders about the
Conditions, and they said that they are too open ended.
Betsy Horne asked what specifically in the conditions would
stop the project. Mr. Ouellet stated that the scheduling is
too strict, and that the expense of the Clerk of the Works is
too great, for the construction of one single family home.
He also noted that the neighbors were given more concise Orders
of Conditions for their projects.
David Colpitts addressed the Commission and stated that he showed
the Conditions to several prominent Attorneys and they all
concured that they are the most bizarre conditions they have
ever seen. He further argued that he purchase the property
from the City of Salem in 1987 for $50,000.00, and he complied
with all of the terms of the sale which included roadway
improvements which he completed. He asked for the same treatment
that the neighbors, Claveau, Armstrong, and Fiore received.
Chris Kent asked Mr. Colpitts if he had funding lined up based
on his revised Order of Conditions. Mr. Colpitts stated that
he could get funding with those conditions.
Fred Harney noted that he has reviewed both sets of conditions,
and that he felt that the ones that the Commission prepared
• have more teeth than the revised ones from Mr. Colpitts. He
also noted that he has been on this project since day one and
3
• that the Commission has bent over backwards for the Attorneys
and Mr. Colpitts.
Bob Crowley agreed that he felt that the Order issued by the
Commission was more beneficial to the Commission. He also
recalled that the Commission ordered Mr. Colpitts to take the
fill out and he never did.
There being no further discussion on the matter a motion was
made by Fred Harney to issue the Special Order of Conditions
prepared by the Commission, seconded by Bob Crowley and approved
unanimously.
DISCUSSION REGARDING VIOLATIONS AT REAR OF 330 JEFFERSON AVENUE
Debbie Hurlburt read a letter that she sent to Mr. Robicheau
of 330 Jefferson Avenue, regarding violations that have been
reported to her. She also showed photographs of the area that
was taken during a site visit, and identified the area on the
assessors map. She noted that the property behind Mr.
Robicheau' s is owned by the city.
Mr. Robicheau addressed the Commission and stated that he and
his neighbor Rick Collins have been maintaining the property
for the past sixteen years and no one has ever complained.
He stated that over the years they have pulled washing machines,
• tires, and other articles that have been dumped there over the
years. Betsy Horne noted that the neighbors may not have been
bothered by the activity until they started cutting into the
wetland.
Rick Collins of 228 Jefferson Avenue addressed the Commission
and stated that they did not intentionally cut into the wetland,
and explained that they did cut 8 to 10 feet of reeds so that
they could get a shopping cart and some tires out of there.
He also noted that several years ago they hired a dump truck
at their own expense to clean out the area. He also recalled
that twelve years ago the water in the swamp was black because
people were changing the oil from their cars and dumping the
oil there. He stated that he felt that the work that they
have done has helped the wetland.
Betsy Horne stated that despite the fact that over the years
people have done some pretty bad things there, it is still not
a good idea to cut into the wetland. She asked if they have
used any fertilizers on the property. Mr. Collins stated that
all he has done is cut the grass, prune the trees and clean
up glass in the area. He also noted that they do not even use
the area.
Mr. Robicheau and Mr. Collins agreed that they would only cut
• the grass and trim the trees, and would not use the weed wacker
any more.
4
• OLD / NEW BUSINESS
Election of a Vice Chairman
Betsy Horne noted that since Richard Arms left the Commission
in June, there has been no Vice Chairman, and we should have
one.
Bob Crowley nominated Fred Harney for Vice Chairman. Tom Walsh
seconded the nomination, and a vote was unanimous.
Extension of Order of Conditions - Fafard Companies
Debbie Hurlburt reported that she had spoken to Atty. Serafini
regarding the request for an extension of two Orders of
Conditions for the Fafard Companies. The requests are for Order
# 64-152 on Swampscott Road which expires September 30, 1993,
and #64-178 for the proposed industrial condos, which expires
on October 1 , 1993. She also noted that the industrial condo
site is still a site on the 21E list to be investigated.
Fred Harney asked if there was anything in the regulations which
address how many extensions can be granted. Debbie Hurlburt
stated that they could have any number of extensions for good
reason. She also noted that the reason for the request is
because they are just coming out of bankruptcy, and are in the
• process of reorganizing.
Betsy Horne suggested that the Commission review the request
for the next meeting, and perhaps have a representative of Fafard
attend the next meeting to review the plans for the properties.
Certificate of Compliance - Collins Cove Condominium Trust
Debbie Hurlburt reported that she has received a request for
the Certificate of Compliance for the Collins Cove Condominium
Trust for the construction of the Condos. She noted that she
reviewed the file and found a letter from DeFalco Engineering
with all the necessary information dated in 1989, but that
apparently a certificate was never issued.
Motion made by Bob Crowley to issue the Certificate of Compliance
for the Collins Cove Condominium Trust, seconded by Fred Harney
and approved unanimously.
Correspondence
Betsy Horne read a letter from Mayor Neil Harrington in reply
to her letter regarding the lack of sewer connections on Linden
Avenue. In the letter the Mayor indicated that her suggestion
that some of the money from the SESD compensation might be used
• to bring the sewer line in there should be looked into.
5
• The letter also included a response from Mayor Harrington
regarding the dumping situation at Salem High School. In the
letter the Mayor indicated that he has instructed Acting Public
Works Director Charles Quigley to investigate the matter.
Betsy Horne asked that Fred Harney look into the situation at
the High School.
Debbie Hurlburt reported that the Commission has received
notification from DEP Solid Waste Management that they have
approved the plan for GTE/Sylvania.
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 Bob Crowley and approved unanimously.
The meeting was adjourned at 10:30 p.m.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC090993
•
• 6
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, SEPTEMBER 23, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, September 23, 1993 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, Chris Kent, and Abby Burns. Also present
were Conservation Administrator Debbie Hurlburt, and Eileen
Sacco, Clerk.
CONTINUED PUBLIC HEARING - NOTICE OF INTENT - SALEM OIL AND
GREASE COMPANY - 60 GROVE STREET
Betsy Horne recalled that the Commission held a site visit on
Tuesday morning, and asked if the members had any questions
for the applicant.
Fred Harney asked how thick the proposed concrete pad would
be. Mr. Baird stated that it would probably be 6-8 inches of
reinforced concrete.
Fred Harney also asked if excess materials would be removed
• from the site. Mr. Baird stated that they would be removing
excess material.
Mr. Baird informed the Commission that they do not consider
the paving that they are doing to be a permanent solution, and
that they would be noting on the deed that there is a low level
of contamination in the soil and that the paving needs to be
maintained.
Betsy Horne asked if they plan to replace the vegetative strip.
Mr. Baird stated that they would maintain an existing vegetation
strip and a new one would be added to protect the canal.
Debbie Hurlburt asked if the property was located in a flood
zone. Mr. Baird stated that it was and agreed that they would
need to get a Wetland Flood Hazard Special Permit from the
Planning Board.
Betsy Horne asked if anyone present at the meeting had any
questions or comments regarding the proposal. There was no
response.
There being no further questions or comments regarding this
proposal, a motion was made by Bob Crowley, to Close the Public
Hearing, seconded by Abby Burns and approved unanimously.
1
Motion made by Fred Harney to issue an Order of Conditions,
• seconded by Bob Crowley and approved unanimously.
The Commission discussed possible Special Conditions for the
proposal.
Motion made by Tom Walsh to approve Special Conditions 1 ,2,3,4 ,
5 as amended, 12, 13, 14, 15, and 18, seconded by Chris Kent
and approved unanimously.
OLD / NEW BUSINESS
",Fafard Extension Permits
Betsy Horne reported that she has reviewed the file for the
requested extensions of the Fafard Company for permits 64-152
and 64-178. She noted that she has raised a number of issues,
particularly whether both sites are listed as 21E sites. She
also noted that the plans that have been approved do not address
how they plan to clean up the sites. Betsy stated that she
wrote a letter to Atty. John Serafini Sr. indicating that the
Commission wants to address the issues. She suggested that
the Commission extend the permits for one month, and invite
Atty. Serafini to come in and give clean, crisp answers to the
questions of the Commission.
• Motion made by Abby Burns to extend permits #64-152 and #64-178
for the Fafard Company, seconded by Chris Kent, and approved
unanimously.
Clark Avenue - Colpitts Order of Conditions
Debbie Hurlburt reported that she had a couple inquiries from
interested buyers of the property, regarding the Order of
Conditions issued for David Colpitts.
She noted that since the Commission refused to amend the
Conditions for the project, she is not sure what Mr. Colpitts
intends to do with the project. She stated that one of the
interested buyers is a developer and he has several concerns,
specifically the condition that no machinery be used on the
slope. She stated that the contractor indicated to her that
it would be impossible to do the excavation on the slope by
hand.
Debbie reported that she spoke to Willie Beaulieu the Clerk
of the Works for the Planning Department and that he agreed
to look at the Order of Conditions from a construction stand
point if the Commission requested. She also noted that she
is concerned about the possible legality of the Order, if we
attempt to address this order differently with a new developer.
• Betsy Horne stated that she is not sure that the Order would
2
• need to be used by a new owner, and that a new owner could come
to the Commission with a new plan for a new Order of Conditions,
but she would be loathe to issue a new Order of Conditions to
Mr. Colpitts. Betsy also noted that the order was stringently
written because of who the owner is and what he had done
previously to the property.
Debbie Hurlburt stated that she thought that potential buyers
want to know if the Commission would relax on a few of the
Conditions, specifically the use of machinery on the slope.
She also noted that the dates and deadlines have been found
to be extremely restrictive.
Abby Burns suggested getting an opinion from City Solicitor
Robert Ledoux.
Tom Walsh noted that it is the responsibility of the Commission
to see that they issued an Order of Conditions that is in the
best interest of the area, and he can sell it or keep it.
Debbie Hurlburt will talk to Willie Beaulieu and report at the
next meeting.
Tri-City Sales
Debbie reported that at the last meeting the Commission discussed
• the placing of Jersey barriers up at Tri-City sales. She noted
that the city applied to the state for a permit for the barriers
and approval has been received so they should be going up soon.
Emergency Certification - Sea Wall Repairs - Koscuisko Street
Debbie Hurlburt reported that the Engineering Department had
filed for Emergency Certification for the repair of the sea
wall on Koscuisko Street. Betsy Horne signed the order.
Correspondence
Debbie Hurlburt reported that the Commission received a letter
dated September 16, 1993, from the Massachusetts Highway
Department, notifying them that the work on Flint Street in
connection with the Salem Beverly Bridge would begin.
Debbie Hurlburt reported that the schedule for the site
preparation for SESD has been received.
Debbie Hurlburt reported that she received a letter from James
Zeiff of Village at Vinnan, stating that he intends to relay
a drain line at the Swampscott Cemetery, and although there
will be no work done in Salem, he was notifying the Commission.
• Betsy Horne stated that she would like to know more about the
project and suggested that they come in and explain what they
3
• are going to do.
Wetlands Maps
Debbie reported that the wetlands maps have arrived and that
she is going to an aerial interpretation class to learn how
to use them.
APPROVAL OF MINUTES
The minutes of the meeting of July 8, 1993 were presented for
approval. Motion made by Abby Burns to approve the minutes
of the meeting of July 8, 1993, as amended seconded by Tom Walsh
and approved unanimously.
The minutes of the meeting of July 22, 1993 were presented for
approval. Motion made by Abby Burns to approve the minutes
of the meeting of July 22, 1993 as amended, 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 Bob Crowley and approved unanimously.
The meeting was adjourned at 8:25 P.M.
• RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC092393
APPROVED AS AMENDED 10/28/93
• 4
• SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER 14, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 14, 1993, 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, Chris Kent, Abby Burns, and Tom Walsh. Also present
were Conservation Administrator Debbie Hurlburt, and Eileen
Sacco, Clerk.
REQUEST FOR A DETERMINATION OF APPLICABILITY - MASSACHUSETTS
ELECTRIC COMPANY - FOR SITE ALONG THE DANVERS RIVER
Fred Harney recused himself from discussion of this matter.
David Therrien representing Massachusetts Electric Company,
addressed the Commission and explained their proposal to relocate
three submarine cables in the Danvers River. He explained that
the three cables cross the Danvers River in the area of the
proposed Salem Beverly Bridge. He showed the locations of the
cables on the plan and noted that two of the cables are to the
west of the existing bridge and the third is located to the
• east of the bridge. He stated that all three are located in
the foot print of the proposed temporary bridge, which is
scheduled for construction in March, and must be moved before
the new bridge can be installed.
Mr. Therrien also reported that they have been cleared by MEPA
for the project. He also noted that they have been working
with the Mass. Department of Transportation to allow the
relocation to take place with little impact to the environment.
He explained that the cable would be on the easterly side of
the existing bridge, and would start at a manhole in Salem and
extend across the river to a proposed manhole to be installed
adjacent to the harbor masters building in Beverly. Mr. Therrien
also explained that the present cables are buried approx. 5
feet below the channel bottom, and this proposal would be to
cut the cables at the mudline, where they would lay on the bottom
until the bridge is complete, at which time they will be removed.
He also noted that they do not need to dredge either for the
installation of the temporary cables , or for the removal of
the existing ones.
Betsy Horne expressed concern that the lines would be unburied.
Mr. Therrien stated that they plan to use state of the art
equipment, and noted that in similar situations cables have
been left unburied with no problems.
Chris Kent asked how long the cables would be in place. Mr.
1
• Therrien stated that they would be there for the duration of
the project, which should be 22 to 3 years.
Betsy Horne asked what process would be used to lay the cables.
Mr. Therrien stated that they would use a barge to position
the cables and then sink them, noting that the process was
recently completed in Haverhill and there was no problem.
Chris Kent expressed concern that the cables would be exposed
and no buried under the mudline. He asked for specifications
on how the ends of the cables would be capped.
Betsy Horne asked when they plan to install the cables. Mr.
Therrien explained that they have received bids for the project
which need to be approved by the state and hope to install the
new cable by March, at which time 'the old cables would be
abandoned.
Chris Kent stated that he would like to postpone action until
the next meeting, and he would like to see the specifications
as to how the cable ends would be cut and capped. Mr. Therien
agreed to provide that information at the next meeting.
DETERMINATION OF APPLICABILImy - SWAMPSCOTT CEMETERY - VINNIN
ASSOCIATES REALTY TRUST
• Atty. John Serafini Sr. addressed the Commission on behalf of
his client, James Zeiff of Vinnin Associates Realty Trust.
He explained that they are proposing the excavation and relaying
of 24" of reinforced concrete storm water pipe from a manhole
at station 4+24.23 Hawthorne Ave. north easterly 180° to and
including the headwall. He noted that all of the work proposed
is located in Swampscott Ma. , and is proposed as a solution
to a drainage problem, resulting from a miscalculated pipe that
was installed one foot higher than it should have been and has
created an earth dam.
Atty. Serafini also showed the Commission photos of the area.
He also noted that the stagnant water is killing the trees on
the property, and there is a heavy mosquito problem there as
well. He also noted that they need to talk further with the
Swampscott Conservation Commission on the project, since they
denied the proposal with no hearing or explanation.
Debbie Hurlburt stated that she received a call from the Chairman
of the Swampscott Conservation Commission, inquiring as to what
the intention of the Commission was. She stated that she invited
him to attend the meeting, if he has any questions about the
proposal.
Atty. Serafini also noted that the Swampscott DPW approved the
project on the condition that they get approvals from both the
Salem and Swampscott Conservation Commissions.
2
• Betsy Horne expressed her concern about the rush of water that
would go into Tedesco Pond. Abby Burns stated that she thought
that the fall would be a good time to do this because it is
a dry season.
There being no further questions or comments, a motion was made
by Abby Burns for a Negative Determination, seconded by Bob
Crowley and approved unanimously.
OLD / NEW BUSINESS
Debbie Hurlburt informed the Commission of various up coming
conferences that might be of interest.
Day Care Center - Salem Hospital - Colby Street
Debbie Hurlburt reviewed the status of the Adjudicatory Hearing
process as requested by Betsy Horne.
Annual Report
Debbie Hurlburt presented the Annual Report to the Commission
which was submitted for this year.
Site Visit Salem High School
• Debbie reported that she and Fred Harney attended a site visit
at Salem High School with Mayor Harrington and Acting City
Engineer Charles Quigley this afternoon. She reported that
the Mayor was upset that the gates are not being closed and
suggested that the# key should only be held by the City Engineer.
Fred Harney reported that he suggested that the City clean up
the area and file with the Commission to do so. He also noted
that there has been talk of making Soccer Fields up there.
459 Highland Avenue - Violations
Betsy Horne reported that she received a phone call from Fire
Inspector Norman LaPointe, informing her that there were several
violations at a storage facility at 459 Highland Avenue, which
is owned by Mr. Fiore. She reported that Inspector LaPointe
identified items that were violations and ordered them removed
from the site. She also noted that he is requiring proof that
they were removed and where they were removed to. Insp. LaPointe
instructed Mr. Fiore to appoint someone to act on his behalf
while he is in Florida. She also stated that the Commission
would be notified by the Fire Department on the status of the
matter, but wanted the feeling of the members as to whether
to issue an enforcement order or not.
Motion made by Tom Walsh to issue an Enforcement Order for 459
Highland Avenue, seconded by Ahby Burns and approved unanimously.
3
• Stop & Shop
Betsy reported that Stop & Shop had not installed hay bales
as required by the Commission, when Will Beaulieu made a visit
to the site. She noted that she visited the site and found
that a filter fabric had been installed to hold off cement,
so it seems that they have done something to correct the problem.
APPROVAL OF MINUTES
The minutes of the meetings of September 9 , 1993, were presented
for approval. Motion made by Abby Burns to approve the minutes
for the meetings of September 9, 1993 and as amended, seconded
by Bob Crowley and approved unanimously.
The minutes of the meeting of September 24 , 1992 were also
presented for approval. Motion made by Abby Burns to approve
the minutes of the meeting of meeting of September 24, 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 Abby Burns to adjourn
the meeting, seconded by Tom Walsh and approved unanimously.
The meeting was adjourned at 9:00 P.M.
• RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC101493
4
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, OCTOBER 28, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, October 28, 1993 at 7:00 P.M. in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Bob
Crowley, Chris Kent, Abby Burns and Fred Harney. Also present .
were, Conservation Administrator Debbie Hurlburt and Eileen
Sacco, Clerk.
DISCUSSION WITH ATTY. JOHN SERAFINI SR. REGARDING EXTENSIONS
FOR FAFARD ORDER OF CONDITIONS 64-152 AND 64-178
Atty. John Serafini Sr. addressed the Commission on behalf of
his clients, the Fafard Companies. He noted that the Commission
had granted extensions for two Orders of Conditions that were
issued to Fafard Companies for one month at the last meeting
and requested that more information be given regarding the status
of the sites. He stated that they are in the process of
completing a study which will determine the status of the sites
as 21E sites. He noted that new regulations have been adopted
since the original study on the site was done, and they are
• complying with the procedures set up by DEP.
Atty. Serafini suggested that the Commission extend the Order
of Conditions until March of 1994 , and they would agree to not
perform any work on the site, unless they come back to the
Commission for approval. Debbie Hurlburt stated that she was
comfortable with the fact that they cannot do any work during
the extension unless they come back to the Commission.
Motion made by Abby Burns to extend Orders of Conditions 64-
152 and 64-178 until March 24, 1994, with the understanding
that no work shall be performed on the site without coming back
to the Commission, seconded by Fred Harney and approved
unanimously.
CONTINUATION OF A PUBLIC HEARING - MASSACHUSETTS ELECTRIC
COMPANY- DANVERS RIVER AND BRIDGE STREET
David Therrien, representing Massachusetts Electric, addressed
the Commission and noted that at the last meeting, the Commission
requested information on how the temporary cables would be
sealed. He presented a sample of the cables and explained how
they would be sealed.
Betsy Horne asked when they plan to get started. Mr. Therrien
stated that they plan to get started by the end of the year.
1
There being no further questions or comments concerning the
project, a motion was made by Tom Walsh, for a Negative
Determination, seconded by Bob Crowley and approved unanimously.
WETLANDS MAP PRESENTATION
Debbie Hurlburt presented a demonstration on how the new wetlands
maps, recently purchased by the Commission are used. She noted
that the overlays were provided by the state free of charge,
and explained that the various colors indicate different kinds
of wetland areas.
Debbie also reported that Dr. Arnold, a Geography Professor
at Salem State College would be willing to come in and do a
workshop on the use of Wetlands Maps for the Commission.
OLD / NEW BUSINESS
459 Highland Avenue
Betsy Horne reported that Mr. Fiore and his tenants have been
cleaning up the property at 459 Highland Avenue. She noted
that they have until Monday morning at 11 :00 to comply with
the orders of the Fire Department to clean it up.
Tri - City Sales
• Debbie Hurlburt reported that they have been working on a
resolution to the problem of installing a fence at Tri-City
Sales. She noted that the city applied for a permit to install
Jersey barriers, and that Mr. Cohen hired a contractor to move
the barriers and install them.
Certificate of Compliance - 21 Linden Avenue
Debbie reported that she received a request for a Certificate
of Compliance from James Kiernan for work completed at 21 Linden
Avenue. She noted that they submitted a certified letter from
Hancock Survey Associates, stating that all work was complete.
Motion made by Chris Kent to approve the Certificate of
Compliance for 21 Linden Avenue, seconded by Bob Crowley and
approved unanimously.
Burnham Barge
Debbie reported that she went on a site visit with Former City
Solicitor Kevin Daly to the site of the Burnham Barge. She
noted that it seems that a temporary pier has been added. She
also noted that Kevin Daly wants to seek an injunction against
them if the Commission agrees. She also noted that they should
have sought permits to do the work, and they did not.
2
Abby Burns stated that she felt that the Commission should pursue
the matter. Bob Crowley agreed, noting that they have ignored
the Commission completely.
Motion made by Abby Burns to instruct Atty. Kevin Daly to pursue
the cease and desist orders issued by the Commission to the
Burnham's, and seek an injunction, seconded by Bob Crowley and
approved unanimously.
Walkways Committee
Abby Burns reported that the Salem Walkways Committee is having
a walk at Forest River on Sunday, November 14 , 1993 at 1 :00.
She invited and urged all members to attend this walk to see
the improvements that have been made to site.
November Meetings
Betsy Horne reported that the regular dates for the meetings
of the Commission in November are both Holidays. She suggested
that the Commission schedule a meeting on another date for
November. The Commission decided to hold a Special Meeting on
Wednesday, November 17, 1993, at 7:00 P.M.
APPROVAL OF MINUTES
• The minutes of the meeting of September 23, 1993 were presented
for approval. Motion made by Abby Burns to approve the minutes
of the meeting of September 23, 1993 as amended, 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 Abby Burns and approved unanimously.
The meeting was adjourned at R:30 P.M.
RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC102893
3
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
WEDNESDAY, NOVEMBER 17, 1993
A Special Meeting of the Salem Conservation Commission was held
on Wednesday, November 17 , 1993, at 7: 00 P.M. in the small
conference area on the second floor of One Salem Green. The
purpose of this special meeting was to transact any and all
business that would have normally been addressed at the regularly
scheduled meetings, which both fell on legal holidays . (Veterans
Day and Thanksgiving. )
Those present were: Chairwoman Betsy Horne ( 7 :45 ) , Fred Harney,
Abby Burns, Bob Crowley, Chris Kent, and Michael Nalipinski .
also present were Debbie Hurlburt, Conservation Administrator,
and Eileen Sacco, Clerk.
Fred Harney assumed the Chair and noted that the Chairwoman,
Betsy Horne would be late, so he would start the meeting. He
also suggested that they proceed with Old/New Business while
waiting for Betsy since he has to recuse himself from discussion
of the Massachusetts Highway Department update on the
Salem/Beverly bridge.
OLD/NEW BUSINESS
• Waterways Application - 107 Leach Street
Debbie Hurlburt addressed the Commission and stated that she
had received notification of a Waterways License Application
for 107 Leach .Street, to maintain an existing seawall and pier.
She noted that there is a 30 day comment period should the
Commission wish to comment. Chris Kent suggested that the
Commission have a site visit to view the property, and then
comment on the application.
Vinnin Realty Trust
Debbie Hurlburt informed the Commission that the Negative
Determination issued to the Vinnin Realty Trust for the repair
of a flooding problem in Swampscott, has been appealed by the
Town of Swampscott.
Stop & Shop Proposal - Howley Street
Debbie Hurlburt reported that she and Bill Luster attended a
MEPA scoping session to discuss the concerns of the site. She
noted that they have extended the comment period two weeks to
December 1 , 1993 . She also noted that the plans have been
submitted to the Planning Department and members of the
• Commission are welcome to look at them. Fred Harney suggested
that all of the members should visit the site to familiarize
1
themselves with it. Chris Kent suggested that the Commission
should schedule a site visit, and suggested Monday, November
22 , 1993 at 3 : 30 p.m. Debbie Hurlburt stated that she would
call Atty. Serafini to make arrangements and contact the members .
Tri-City Sales
Debbie Hurlburt reported that Mr. Cohen has been told he can
put up the Jersey Barriers when they are available. His
contractor will call Debbie Hurlburt to make arrangements .
Salem High School
Debbie Hurlburt reported that she spoke to City Engineer Charles
Quigley, about the possibility of hiring a firm to flag the
area behind Salem High where all the dumping has been going
on. She noted that the area is close to the buffer zone, and
may not be in the buffer zone, but the Commission needs to find
out. She state that Mr. Quigley would get back to her on the
matter.
APPROVAL OF MINUTES
The minutes of the meeting of October 14 , 1993 were presented
for approval . Motion made by Chris Kent to approve the minutes
of the meeting of October 14 , 1993, seconded by Abby Burns and
• approved unanimously.
The minutes of the meeting of October 28, 1993 were presented
for approval . Motion made by Chris Kent to approve the minutes
of the meeting of October 28, 1993, seconded by Abby Burns and
approved unanimously.
INFORMATIONAL REVIEW WITH MASSACHUSETTS HIGHWAY DEPARTMENT
REGARDING THE SALEM/BEVERLY BRIDGE PROJECT
Fred Harney recused himself from discussion of this matter.
Debbie Hurlburt addressed the Commission and noted that she
had received a letter from the Mass . Highway Department (MHD)
notifying her that Maryanne Magner would be the MHD agent to
the Commission during the Salem/Beverly Bridge project. She
stated that Ms . Magner wanted to meet with the Commission to
discuss the status of the project and a change to the original
plans.
Bob Joseph of Edwards and Kelsey, the consulting firm hired
by the MHD to do the permitting for the project addressed the
Commission and introduced the others attending the meeting.
He introduced Maryanne Magner of MHD, Hugh Mulligan of Gulf
of Maine Research Inc. , who sub-consulted the project and
• delineated the resource area, and Link Dennison of Cianbro
Corporation, the General Contractor for the project. He also
2
introduced Lou Campbell the project engineer and support person
to Mr. Dennison, and John Danelle the overall project manager
from Cianbro Corp.
Mr. Joseph explained that if any of the Commission members wished
to visit the site at anytime, they should contact Maryanne Magner
to make arrangements.
Mr. Joseph explained a change to the Commission from the original
plans approved. He stated that for construction purposes they
plan to construct a temporary pedestrian pier at the end of
Thorndike Street. He stated that the pier would be 800 feet,
and would 7 feet wide, with 20 feet width in some areas. He
noted that this is to provide a safe route for the electric
power line to be built and to run equipment without generators .
Michael Nalipinski questioned the sediments and their chemical
contents. Mr. Joseph explained that substantial testing was
done for the EIR and they are not dealing with hazardous waste.
He noted that there is some contamination from heavy metals
and the material needs to go to a licensed landfill.
Mr. Joseph noted again that the intent of the pier is to provide
a level of safety. He also noted that there is not a better
way to protect the resource area.
• Mr. Nalipinski suggested that they could remove some of the
barges that they have planned. Mr. Joseph noted that they need
the barges to support cranes and the removal of excavated
material .
Mr. Nalipinski expressed his concern that the public would not
have a chance to comment on this structure if the Commission
does not treat this matter as a substantial change to the
approved plans. He also noted that he thought that it was
a great idea. Betsy Horne agreed and polled the rest of the
members to see how they felt. Abby Burns and Bob Crowley felt
that the change was insignificant. Chris Kent also indicted
that he felt it was insignificant.
Mr. Joseph addressed the Commission and noted that MHD is
concerned about opening up the matter for public comment since
there are many people opposed to the fixed span bridge, and
it is a matter of concern to the State if the project is held
up a month it could jeopardize the project.
Betsy Horne asked if there would be any more minor changes to
the plans . Mr. Joseph stated that this is common practice since
this is the way the contractor has chosen to do the construction.
Lisa Rhodes of the MHD addressed the Commission and stated that
• this is not an abnormality, and that they frequently go back
to all agencies with changes in construction practices.
3
Michael Nalipinski again expressed his concern that the procedure
of installing the pier should be to put the information to the
public and explain the whats and whys of what they are doing.
Betsy Horne stated that she agreed, but noted that she gathered
a sense from the rest of the members that they feel that this
is an insignificant change. Abby Burns stated that she was
comfortable with the change. Bob Crowley and Chris Kent agreed.
Betsy informed the representatives from MHD that the Commission
would not be requiring a substantial change review of the plans .
Maryanne Magner presented her first monthly report on the
progress of the Construction. She reported that the only
construction currently taking place, is at Bridge and Flint
Street. She also reported that the work had been stopped due
to an odor that was causing the workers to feel ill, and that
when they get the results they will inform 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 Bob Crowley and approved unanimously.
The meeting was adjourned at 8: 45 P.M.
• RESPECTFULLY SUBMITTED BY:
EILEEN M. SACCO, CLERK
CC111793
APPROVED AS AMENDED 12/09/93
•
4
SALEM CONSERVATION COMMISSION
MINUTES OF MEETING
THURSDAY, DECEMBER 9, 1993
A regular meeting of the Salem Conservation Commission was held
on Thursday, December 9, 1993 at 7:00 P.M. , in the second floor
conference room at One Salem Green.
Those present were: Chairwoman Betsy Horne, Tom Walsh, Chris
Kent, Michael Nalipinski, Fred Harney, Abby Burns, and Bob
Crowley. Also present were, Debbie Hurlburt Conservation
Administrator, and Eileen Sacco, Clerk.
NOTICE OF INTENT - SALEM WILLOWS - SALEM DEPARTMENT OF PUBLIC
SERVICES - CITY ENGINEER CHARLES QUIGLEY
City Engineer Charles Quigley addressed the Commission to request
approval of a Notice of Intent for the placement of stone rip
rap on top on existing loose rock and ledge to prevent further
erosion of the existing park land, located at Salem Willows
on Restaurant Row. Mr. Quigley noted that the rock would be
dumped over the edge, and placed properly in the spring. He
also explained that he is getting the rip rap for nothing from
the South Essex Sewerage District.
• Debbie Hurlburt explained that the Commission had approved an
emergency certification for this proposal at a prior meeting,
but that DEP did not think that the situation was an emergency
because the area could be blocked off from pedestrian traffic,
to prevent health and safety interests.
Betsy Horne questioned if the material was the same material
that would be used if the city purchased it. Mr. Quigley stated
that it would be, and noted that it is hard stone that they
have been blasting at SESD, and they will use chinking stone
and bedding stone to fill in the gaps.
Betsy Horne also expressed concern about the tidal situation
during the work. Mr. Quigley noted that the closest the water
will get is well below the area they will be working in.
Betsy Horne clarified that the project would be done in two
steps . Mr. Quigley stated that they would start by dumping
the stone now, and then place it properly in the spring.
Fred Harney asked if the rest of the shoreline had been checked
to see if it needs to be repaired. Mr. Quigley stated that
some of the shoreline has been checked, and noted that the area
near the pier was rip rapped in 1978. He also noted that there
are areas where sea walls have been damaged from storms and
• that need to be rip rapped.
1
J
Abby Burns asked if they planned to wait until the ground is
frozen, before driving the trucks into the area to prevent damage
to the grass. Mr. Quigley stated that any damage would be
repaired.
Motion made by Tom Walsh to close the public hearing, seconded
by Abby Burns and approved unanimously.
The Commission discussed special conditions for the project.
Motion made by Abby Burns to approve the Notice of Intent for
the Salem Willows, City of Salem Department of Public Services,
with 10 Special conditions, seconded by Chris Kent and approved
unanimously.
REQUEST FOR A DETERMINATION OF APPLICABILITY - BLANEY STREET
SALEM DEPARTMENT OF PUBLIC SERVICES - CITY ENGINEER CHARLES
QUIGLEY
City Engineer Charles Quigley addressed the Commission and stated
that they are seeking a Determination of Applicability for their
proposal to utilize lot 278 on Blaney Street for temporary
storage of large rocks/boulders and processed stone. The stock
piled stone will be secured with jersey barriers, hay bales
and tarps if needed. He explained that the top of the pile
would be 45 feet and would be relatively level since bull dozers
• would be moving it around.
Fred Harney asked how long they would be stockpiling the
material . Mr. Quigley stated that it would be for about 2 years.
Fred Harney asked if the area was protected sufficiently from
winter storms. Mr. Quigley stated that there is not much weather
activity in the cove to worry about.
Mr. Quigley also noted that the state is in need of rip rap
for the Salem Beverly Bridge and he is negotiating with them
for them to use some of the rip rap. He also noted that if
they did use it, that would cut down on the amount of truck
traffic in the city.
Michael Nalipinski expressed his concern that the bulk head
would fail from the weight of the rip rap. Mr. Quigley stated
that it would be placed 30 feet from the top of the embankment.
He also stated that they would install a stone driveway with
in 30 feet of the access road prior to the stockpiling.
Fred Harney suggested that it would be to the advantage of the
Commission to take pictures of the site for the files since
it is going to be a three year project.
Motion made by Abby Burns for a Negative Determination for the
• Blaney Street site, seconded by Bob Crowley and approved
unanimously with 3 special conditions .
2
OLD/NEW BUSINESS
Salem High School
Betsy Horne asked City Engineer Charles Quigley if there has
been any progress on the dumping situation at Salem High School .
Mr. Quigley reported that he has contacted some people to flag
the area and that will tell a great deal about the area that
is of concern.
Fred Harney asked if the gates are being locked. Mr. Quigley
replied that they are supposed to be locked and he is not aware
if they are not being locked.
Swampscott Site Visit
Debbie Hurlburt reported that she and Abby Burns attended a
site visit in Swampscott regarding Mr. Zeiff ' s proposal that
the Commission issued a negative determination for and the Town
of Swampscott filed an appeal to DEP on. She noted that the
State will issue a ruling on whether to uphold the Determination
or require them to file a Notice of Intent.
Tri-City Sales
Debbie Hurlburt reported that a contractor has been hired to
• place the jersey barrier on Verona Street to Highland Avenue
and it should be done by Monday at the latest.
Burnham Barge
Debbie reported that she went to court with Former City Solicitor
Kevin Daly seeking an injunction and it was not granted. She
noted that he is applying for a Chapter 91 License , and that
if the Commission approves, she will send a letter drafted
by Kevin Daly from the Commission opposing the license. She
also noted that she and Betsy Horne will be deposed on the
matter, and that the Harbor Master feels that the ramp is
impeding navigable waters .
Non-Point Source Pollution Workshop
Debbie reported that Ginny Bleiler is holding a Non-Point Source
Pollution Workshop at Danvers Town Hall on January 26, 1994
from 7: 00 - 9 : 30 p.m. She asked that members let her know
if they plan to attend.
Certificate of Compliance for Hawthorne Cove Marina
Debbie reported that the work at Hawthorne Cove Marina has been
completed and she is very happy with the outcome of the project.
• She noted that the Order of Conditions has been check and
everything has been adhered to.
3
Motion made by Chris Kent to issue a Certificate of Compliance
• for Hawthorne Cove Marina, seconded by Bob Crowley and approved
unanimously.
APPROVAL OF MINUTES
The minutes of the meeting of November 17, 1993 were presented
for approval . Motion made by Abby Burns to approve the minutes
of the meeting of November 17, 1993, 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 Tom Walsh and approved unanimously.
The meeting was adjourned at 9 : 30 P.M.
RESPECTFULLY SUBMITTED BY;
EILEEN M. SACCO, CLERK
CC120993
•
•
4