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1994-CONSERVATION COMMISSION .y�'w<Xii. �"Pq�N`F✓•wAS+"w: S��yya�✓9 �$$//�� nn . 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 Doyle.The proposal involves the construc- tion of two single-family houses within the Buffer Zone at Valley Street,Map 14,Lot 90.This hearing will be held on Thursday,January 13,1994 at 7:00 p.m., One Salem Green, second floor conference room. BETSY HORNE, Chair January 6, 1994 SN37350 %UN C q y W `z Conservation Commission Salem. Massachusetts 01970 W 'A SSAC��y NOTICE OF MEETING CONSERVATION COMMISSION You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, January 13 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. ( 1 Betsy Horne Chair TENTATIVE AGENDA: 1 . Notice of Intent - Valley Street - Mark Sherfy from Gulf of Maine 2. Extension of Order of Conditions - Tri-City Sales - Attorney John Serafini 3. Extension of Order of Conditions - First, Street & Traders Way Fafard Company 4 . Old/New Business �rkc inn E� t fa W, (tiW " - G+ !V(✓ 5 . Review of Correspondence ' LA(rw LCU� 0 / 6. Approval of Minutes -December 9, 1993 EX\DH\CC011394 • 4 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING JANUARY 13, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, January 13, 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairwoman, Betsy Horne, Thomas Walsh, Abby Burns, Christopher Kent and Robert Crowley. Also present was Conservation Administrator , Debbie Hurlburt . NOTICE OF INTENT - DAVID DOYLE - VALLEY STREET - MARK SHERFY - GULF OF MAINE RESEARCH INC. Betsy Horne read the Public Hearing notice as it appeared in the Salem Evening News on January 6, 1994. Mr . Mark Sherfy of the Gulf of Maine Research Center (GMRC) , Inc. addressed the Commission to explain the proposed project. He explained where the property was located on Valley Street. Mr. Sherfy stated that this property is assessed as a single lot but • that the applicant would like to subdivide the property with an area of 31,000 to 34,000 square feet each. Mr . Sherfy indicated that GMRC has inspected the site and has flagged the area. Mr. Sherfy explained that there are several catch basins in this area which drain into an easement on the property and then into a drainage swale which carry the water to the wetlands. Mr . Sherfy added that this area on the back of the�J property does not meet the wetlands requirements of a stream. Mr . Sherfy stated that each single family lot will be serviced by municipal water and that fill is required within the Buffer Zone to give a gradual slope from Valley Street towards the wetlands. " 7b- fucal- Mr . Sher rp stated that there will be a 3-1 slope dow/I o the wetlands to allow the storm water drainage to occur . outlet LAU � will ba ' nstalla(i t' � l with stone rip-rap. Abby Burns asked what the slope would be. Mark Sherfy responded that the slope would be 3-1. Christopher Kent asked what was the relation of this lot to 68 Valley Street where we have had previous issues . • Debbie Hurlburt responded that 68 Valley Street is where the Commission has had concerns from Mr . Jack Anderson. This property is located south of 01alley Street . Betsy Horne stated that the narrative indicates that the northeast • area is a 2-1 slope although Mr . Sherfy indicated that it will be a 3-1 slope. Ms. Horne asked Mr . Sherfy to clarify this issue. Mr . Sherfy responded that he believed that that was a different area and that it is 2-1 all the way around, not 3-1 and that he was mistaken. Betsy Horne asked about the detail in the narrative of the stone energy dissipator and how it was constructed. Mr . Sherfy explained that the purpose for the stone dissipator is to reduce the flow of storm water . Mr. Sherfy also stated that the dissipator needed to be inspected on a periodic basis . Ms. Horne asked for more detail on the dissipator as to what it is, how it is constructed, its purpose, and the maintenance on it . Abby Burns asked how does it dissipate. Mark Sherfy stated that the storm water flows over the top of the stone and dissipates to a slower pace. Betsy Horne asked what is the change in elevation from Valley Street to the headwall • Mr . Sherfy stated that it went from elevation 88 to elevation 72; a 16 foot change in grade. 65 . Horne asked whether it was a vegetated swale now. Mr . Sherfy responded that it was not. The vegetation is a common buckthorne. The swale is expose rock and soil. Bob Crowley stated that it is barren at the catch basin and he wondered if it was from erosion. Mr . Sherfy responded that it did not appear to be a major stream flow from the run off. Betsy Horne stated that a site visit would be in order . The Commission decided on a site visit for Saturday, January 15, 1994 at 8 :00 a.m. Ms. Horne asked if there was anyone present at the meeting who wished to speak on this proposal. Mr . Jack Hinch of 51 Valley Street asked how far the Buffer Zone is from Valley Street . Mark Sherfy responded that it was approximately 75 feet. • Mr . Hinch asked whether it will follow the same slope. Mr . Sherfy responded in the affirmative. • There being no further questions or comments concerning this proposal , a motion was made by Bob Crowley to continue the Public Hearing to January 27, 1994, seconded by Abby Burns and approved unanimously. REVIEW OF CORRESPONDENCE Debbie Hurlburt read to the Commission a correspondence from Mass Bays regarding their upcoming meetings. Ms. Hurlburt stated that the Commission has received an Environmental Notification Form for 3-A Winter Island Road. Ms. Hurlburt recommended that she could go out to these sites and photograph the area so that the Commission would not have to make a site visit unless they felt it was necessary. The Commission agreed with that recommendation. Ms. Hurlburt read that the new Council Liaison to the Commission is Councillor Mark Blair . Ms. Hurlburt read a letter from Attorney George Atkins from Ronan, Segal and Harrington regarding the commencement of dredging activities at Dion Yacht Club on Glendale Avenue. • TRI-CITY SALES - EXTENSION PERMIT DEP FILE #64-154 Attorney Ellen Winkler addressed the Commission regarding her client, Tri-City Sales for an Extension Permit for property located at 272 Highland Avenue. Attorney Winkler gave Ms. Horne a letter from Attorney John Serafini to read to the Commission. Ms. Horne gave an update to the Commission on this property. Ms. Horne indicated that when the project first came before the Commission it was thought to be an Isolated Land Subject to Flooding ( ILSF) . Since this time it has been found out that there is an outlet on the property which would indicate that b-il an ILSF. Attorney Winkler stated that the applicant intends on going back to the original engineer to find out why there was not an indication that an outlet existed on the property, and that her client needs an extension of time on the Order of Conditions. Ms. Winkler stated that there are some important questions that need to be addressed. Christopher Kent asked whether there was a hydrological connection with the Salem Sign property and this property. Betsy Horne stated that she was not sure. • Abby Burns made a motion to extend the Order of Conditions to February 10, 1994, seconded by Thomas Walsh and approved unanimously. • FAFARD - EXTENSION PERMIT - FILE # 64-153 Attorney Ellen Winkler addressed the Commission regarding an Extension Permit for DEP File #64-153 for property located at First Street and Traders Way. Attorney Winkler stated that there are three parcels owned by Fafard Companies. The previous parcels on Swampscott Road, DEP File #64-152 & #64-178, were granted Extension Permits March 24, 1994. Attorney Winkler stated that her client is trying to get back up to speed with these outstanding parcels due to the bankruptcy issue. Attorney Winkler stated that Fafard Companies would like all three Order of Conditions to terminate on the same date. This would enable Fafard to come before the Commission on March 24, 1994 to address all three parcels. Thomas Walsh made a motion to extend the Order of Conditions for DEP file #64-153 to March 24, 1994, seconded by Bob Crowley and approved unanimously. OLD/NEW BUSINESS Debbie Hurlburt informed the Commission that a Chapter 91 Waterways Application Public Hearing for GTE/Sylvania will be held at One Salem Green on Thursday, January 20 , 1994 at 1 :00 p.m. • Debbie Hurlburt distributed the monthly report by Maryanne Magner of Edwards and Kelsey for the Beverly/Salem Bridge project . BURNHAM BARGE - 14 FRANKLIN STREET Attorney Kevin Daly was present at the meeting for the purpose of discussing pending litigation regarding 14 Franklin Street with the Conservation Commission members. Chair Betsy Horne asked that a motion be made that the Conservation Commission adjourn to Executive Session to discuss the matter and will reconvene to open session when the discussion is concluded. Motion made by Abby Burns to adjourn to Executive Session and reconvene to open session at the conclusion of the discussion, seconded by Chris Kent and approved unanimously. The members of the Conservation Commission reconvened to Open Session following the Executive Session. OLD/NEW BUSINESS Debbie Hurlburt informed the Commission that New England Power Company (NEPCO) has supplied the Commission with their Yearly Operational Plan (YOP) for 1994. • • Ms. Hurlburt presented a Comment Sheet from the Planning Board regarding a subdivision for Calumet Street. Ms. Hurlburt indicated that this subdivision would be before the Commission due to its proximity to a Resource Area. The Commission asked that the Comment Sheet be sent back to the Planning Board stating that this is within Conservation Commission jurisdiction and will be reviewed by the Commission when the application is submitted. Ms. Hurlburt reminded Commission members that there will be an annual MACC meeting held on February 26, 1994 and if anyone was interested in attending she will sign them up. Debbie Hurlburt read a letter from DEP regarding a complaint for property located at Leggs Hill Road. The DEP instructed the Commission to investigate this complaint. Betsy Horne asked Ms. Hurlburt to draft a letter to property owner Mr . Daniel Mackey and enclose the DEP letter requesting his attendance at the meeting of the Commission on January 27 , 1994. Ms. Horne asked Debbie Hurlburt about the storage facility located at 447 Highland Avenue. Ms. Hurlburt responded that she has been in contact with Fire Inspector Norman LaPointe and he has indicated that he is still abreast of the situation and will respond to the Commission when the remediation is completed. • Betsy Horne stated that she went to the non-point source workshop at Danvers. Betsy Horne questioned where the City is dumping the snow removal. Ms. Horne stated that this issue should be researched to find out where the snow is going and how we can address this issue in the future. 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 Chris Kent and approved unanimously. The meeting was adjourned at 6 : 47 p.m. RESPECTFULLY SUBMITTED BY: Debra A. Hurlburt , Conservation Administrator EX\DH\CCMINUTS.194 op ry, vs , Zs n s = Mo' tQ ;( n.S CITY OF SALEM CONSERVATION COMMISSION Will hold a public hearing f'or a Notice of Intent under the Massachusetts Wetlands Protection Act, Mass.G.L.Chapter 131,Section 40,at the request' of Cheryl Gideon. The proposal involves the con- struction of a single family dwelling,appurtenant utilities and landscaping within a Buffer Zone located at 22 Bayview Circle. This hearing will be held on Thursday,January 27,1994 at 7:00 P.M., One Salem Green, second Boor conference room. BETSY HORNE, Chair January 18, 1994 SN11030 i �� z Cans�erv-axYon C,�mmission Salem. Massachusetts 01970 W •�'''yASSNC��y NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, January 27, 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Betsy Horne Chair TENTATIVE AGENDA: 1. Notice of Intent - 22 Bayview Circle - Attorney Stephen Lovely representing Cheryl Gideon • 2 . Continuation of a Public Hearing for a Notice of Intent for Valley Street - Mark Sherfy, Gulf of Maine representing David Doyle 3 . Discussion with Colleen Bruce from the National\,Park Service ' 4 . Old/New Business llw'c- G� 5. Review of Correspondence 6 . Approval of Minutes Oz M' llllll✓✓✓"` M -December 9, 1993 -January 13, 1994 EX\DH\CC012794 SALEM CONSERVATION COMMISSION MINUTES OF MEETING • THURSDAY. JANUARY 27, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, January 27, 1994 at 7:00 P.M. in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Abby Burns, Michael Nalipinski, Fred Harney, and Bob Crowley. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. NOTICE OF INTENT - 22 BAYVIEW CIRCLE - ATTORNEY STEPHEN LOVELY REPRESENTING CHERYL GIDEON \ Atty. Stephen Lovely addressed theCommission on behalf of his client Cheryl Gideon, and presen�t// a Notice of Intent for the consideration of the Commission. He noted that the Engineer for the project, Chris Mello was not able to attend the meeting this evening, but he would go through as much as he could for the Commission. He explained that the project proposed is to construct a single family home within the buffer zone at 22 Bayview Circle. He also noted that the area is zoned single family and the lot is a buildable lot, with one section located within the 100 • foot buffer zone. Abby Burns suggested that the Commission hold a site visit before the next meeting and the Engineer could answer questions at the next meeting. Betsy Horne asked if t eY�y� ere required to get a Wetlands Flood Hazard Special Permit om the Planning Board. Beth Debski stated that they did not need one because the elevation was not within the buffer zone. <—�— Michael Nalipinski asked if there was a structure on the property now. Atty. Lovely stated that it is a vacant lot. Michael Nalipinski also asked if there was any flooding on the property. Carolyn Sowinski the current owner of the property and abutting neighbor stated that the water never comes up near her house. Betsy Horne opened the meeting up for Public Comment. There being none, a site visit way scheduled for Saturday, January 29, 1994 at 9: 30 A.M. CONTINUATION OF A PUBLIC HEARING- NOTICE OF INTENT - VALLEY STREET, HUGH MULLIGAN, GULF OF MAINE RESEARCH INC. REPRESENTING DAVID DOYLE. Dr. Hugh Mulligan addressed the Commission on behalf of his • 1 client David Doyle, and noted that DEP has issued a file number • for the project. He also noted that it was suggested that a silt fence be added to the row of hay bales proposed for the project, and they have agreed to do that. Dr. Mulligan also noted that a letter from Eastern Land Survey has been obtained in answer to the questions of the Commission regarding the energy Dissipators proposed for the project. Abby Burns asked if they would try to save as many trees as they could. Dr. Mulligan stated that they have no plans to alter the trees, and noted that they are a good buffer and help with erosion control. There being no further questions or comments concerning this project, a motion was made by Abby Burns to Close the Public Hearing, seconded by Bob Crowley, and approved unanimously. Motion made by Bob Crowley to issue an Order of Conditions, seconded by Abby Burns and approved unanimously. The Commission discussed Special Conditions for the project. Motion made by Abby Burns to approve the Order of Conditions with 13 Special Conditions , seconded by Bob Crowley and approved unanimously. DISCUSSION WITH COLLEEN BRUCE OF THE NATIONAL PARK SERVICE • Colleen Bruce addressed the Commission and updated them on the progress and status of the restoration of the wharves. She noted that they plan to build the restrooms and shower facility in July as well as the picnic area. Abby Burns asked if they plan to do any work at the beach. Ms . Bruce stated that they have no plans to do anything to the beach at this time. Betsy Horne asked about the progress of Phase III of the project. Ms. Bruce noted that phase III is primarily the ship. She explained that a Naval Architect is designing it. She also noted that they do not have funding for it yet, and if they get the funding the rest of the work would be done in two years. Michael Nali inski asked if they plan to have a pumping station.Ms. Bruce stated that they discussed that, and it would attract more activity, but they have no plans at this time. She also noted that the City of Salem is applying for a grant for a pumping station, in a public/private venture. Betsy Horne asked Ms. Bruce if she would come back to the Commission before the construction of the ship. Ms . Bruce agreed and noted that they should have the final plans for phase II • in April or May. 2 f OLD/ NEW BUSINESS • Beth Debski informed the Commission of the MACC Annual Meeting, to be held on February 26, 1994. She asked that anyone wishing to attend let Debbie Hurlburt know by Monday. Beth Debski informed the Commission that she received a complaint of a possible violation at the Mackey Property on Leggs Hill Road. She stated that she sent Will Beaulieu out there and he took pictures, and noted that it is difficult to tell if there is a violation because of the snow cover. Debbie —:-.oto,- iLk hU4� that she wenid invite Mr. Mackey to the next meeting to discuss the matter. There being no further business to come before the Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Bob Crowley and approved unanimously. The meeting was adjourned at 8 :30 P.M. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CC012794 • 3 FMassachusetts ITY OF SALEM VATION COMMISSION lic Hearing for a Notice of Intent husetts Wetlands Protection Act, neral Laws,Chapter 131,Section ,aerequest of Details Brothers Construction Company. The applicant proposes to grade the back portion of four single family residences located within a Buffer Zone at Mooney Road,Map 14, Lots 30, 31, 32, and 33. The hearing will be held on Thursday,February 10,1994 at 7:00 p.m., One Salem Green,Second Floor Conference Room. BETSY HORNE, Chair February 2, 1994 SN38645 CITY OF SALEM CONSERVATION COn[MISSION 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 JAM Realty Trust and Mr.Joseph Finoc- chio.The applicant is seeking a Request to estab- lish edge of Resource Area,located at 224 Highland Avenue(Assessor's Map 8,Lot 123).The Request will be heard on Thursday, February 10, 1994 at 7:00 p.m., One Salem Green, Second Floor Con- ference Room. BETSY HORNE, Chair February 2, 1994 SN38646 Harvey will chain Lhe Public Health, Safety & Environmef�t� Committee, and that will consist of Ward 7's Mark E. Blair; Burns;' Gaudreault and the Ward 1 coun- cilor. Conservaziim Comrmissim �J Salem. Massachusetts 01970 W •�)' a�5 Assn NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, February 10, 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Betsy Horne �« Chair TENTATIVE AGENDA: 1. Notice of Intent Public Hearing - DeIulis Brothers - Mooney Road • 2 . Request for a Determination of Applicability - Gulf of Maine Research Center - 224 Highland Avenue 3 . Continuation of a Public Hearing - Attorney Stephen Lovely 22 Bayview Circle 4 . Old/New Business - Daniel Mackey - Leggs Hill Road 5. Approval of Minutes -December 9, 1993 -January 13, 1994 -January 27, 1994 P IaWu b0A EX\DH\CCO21094 G� SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, FEBRUARY 10, 1994 • A regular meeting of the Salem Conservation Commission was held on Thursday, February 10, 1994 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, Abby Burns , and Chris Kent. Also present were: Conservation Administrator Debbie Hurlburt and Eileen Sacco, Clerk. DISCUSSION WITH DANIEL MACKEY REGARDING LEGGS HILL ROAD , �(,L9 Mr. Daniel Mackey attended t meeting to discuss a complaint received by the Commission) of a possible violation on his property at Leggs Hill Road. Debbie Hurlburt showed the Commission photos of the property, taken by Will Beaulieu and noted that it was difficult to tell if there was a violation due to the snow cover. Mr. Mackey stated that someone did dump on his property without his knowledge, but it was not his company, and it was on the Marblehead side of his property. He also noted that some blasted ledge was dumped on the edge of Leggs Hill Road without his knowledge as well. He further noted that he put 5,000 yards • of loam there in November that belongs to the City of Salem, but he placed it at least 500 feet from the wetlands. Abby Burns suggested that Mr. Mackey should discuss the dumping that occurred on the Marblehead side of the property with the Marblehead Conservation Commission. Betsy Horne suggested that after the snow melts the Commission should take another look at the property, and asked Mr. Mackey if he would agree to that. Mr. Mackey indicated that he had no problem with that. Betsy Horne suggested the Commission respond to DEP and inform them that they would be taking another look at the situation when the snow recedes. DETERMINATION OF APPLICABILITY - 224 HIGHLAND AVENUE - GULF OF MAINE RESEARCH CENTER Hugh Mulligan of Gulf of Maine Research Inc. addressed the Commission on behalf of his client, Mr. Finnochio, for a Determination of Applicability for property at 224 Highland Avenue, the former Salem Sign Building. He noted that most of the wetland is at the rear of the property, near the Sunburst Property. He asked the Commission to issue a Positive 1 • r Determination, and agree that the edge of the bordering vegetated wetland is as it is shown on the plan. • Abby Burns questioned the location of a wet spot from a previous visit to the area. Dr. Mulligan stated that there are fragmites there but no other veget He stated that he checked the city map which dates t 1979 and the National Wetlands map and there is a wetland t rear of the site but no wetland on the property. He also stated that if you go to the property you would find blueberry bushe$ and arrow wood, noting that the area is flagged. Dr. Mulligan stated that the proposed buyers of the property are Honey Baked Ham Inc. , and they plan to move their offices to Salem, and need to improve parking on the site, and need to delineate the wetlands so that they can prepare the plans. Chris Kent asked if they would be opening a retail store there as well as relocate the offices . Dr. Mulligan stated that they would only be locating the offices there. Betsy Horne asked if there was anyone present who would like to comment on the project. Marianne Sowinski of 35 Oakland Street, Salem, asked if the owners lived in Salem. Dr. Mulligan stated that they did not. Betsy Horne suggested that a site visit would be in order. • Bob Crowley suggested waiting until the snow clears so that the Commission could get a clear picture of what is there. Dr. Mulligan stated that the Commission could go while the snow is still on the ground, and he would bring a shovel. It was decided that a site visit would be held on Tuesday, February 22, 1994 at 8 :30 a.m. NOTICE OF INTENT - MOONEY ROAD - DEIULIS BROTHERS CONSTRUCTION Frank DeIulis addressed the Commission with a request for a Notice of Intent for his application to grade the back of four lots located on Mooney Road within the buffer zone. He explained that the purpose of this is to make the area smoother and more uniform for the back yards of his proposed subdivision. He noted that they would fill the area with ledge and cover it with loam. The ledge will be from the excavation for the houses. Abby Burns suggested that the Commission hold a site visit, and invite Scott Petrowicz to answer technical questions about the plan. The Commission will meet at the site on Tuesday, February 22, 1994 at 9:30 a.m. 2 • Motion made by Abby Burns to Continue the Public Hearing to February 24, 1994, seconded by Fred Harney and approved unanimously. • DISCUSSION WITH MR. WALTER ABRAHAM - REGARDING EXTENSION OF ORDER OF CONDITIONS Mr. Walter Abraham was present at the meeting to discuss the status of his Order of Conditions that he received in 1987, and subsequently an extension which expired on July 30, 1993? for his property on Clark Street. Debbie Hurlburt stated that since Mr. Abraham did not apply for another extension the Commission could issue a partial certificate of completion, for the work that was completed and Mr. Abraham could file a Determination of Applicability for the remainder of the project. Betsy Horne asked Mr. Abraham what his plans are for proceeding on the project. Mr. Abraham stated that he would like to get started this spring. Betsy suggested that the Commission should visit the site when the snow recedes to view the fill that was placed on the property. Fred Harney agreed. Debbie Hurlburt will contact Mr. Abraham in the spring to arrange a site visit. CONTINUATION OF PUBLIC HEARING - 22 BAYVIEW CIRCLE - ATTY. STEPHEN LOVELY Betsy Horne informed the Commission for the record that the Commission held a site visit on January 29, 1994 and Fred Harney, Mike Nalipinski, Bob Crowley and Betsy Horne attended. Mike Nalipinski expressed '1i= concern about the placement of the hay bales and suggested pulling them back. Chris Mello suggested that they could start at the berm and continue to the end of the driveway at lot 29. Fred Harney stated that he would like to see no spoil storage to the north of the proposed structure, and that all excavated materials should be brought to the front of the property. There being no further discussion on this matter, a motion was made by Abby Burns to close the public hearing, seconded by Fred Harney and approved unanimously. Motion made by Abby Burns to issue an Order of Conditions, seconded by Bob Crowley and approved unanimously. The Commission discussed special conditions for the project. Motion made by Abby Burns to approve 17 special conditions, seconded by Bob Crowley and approved unanimously. 3 • OLD / NEW BUSINESS Debbie Hurlburt presented a letter from Atty. John Serafini • regarding an extension of an Order of Conditions for Tri City Sales. She noted that the Order was extended to February 10, 1994, but due to weather and conflicts the additional information requested has not been received. She suggested that the Order be extended to March 24 , 1994. Motion made by Abby Burns to extend the Order of Conditions to March 24 , 1994, seconded by Chris Kent and approved unanimously. Debbie Hurlburt informed the Commission that Earth Day is scheduled for April 30 , 1994 . Debbie Hurlburt informed the Commission that the Planning Board has until February 16, 1994 to issue a decision on the GTE project. She noted that the Board has hired an environmental Attorney and she will be present at the meeting on February 15 to discuss the decision with the Planning Board. Betsy Horne read a letter from Tom Walsh who notified the Mayor and the Commission that he does not wish to be reappointed to the Commission when his term expires on March 1 , 1994 . He noted that due to personal responsibilities he does not have the time to devote to the Commission that he would like to. • There being no further business to come before the Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Fred Harney and approved unanimously. The meeting was adjourned at 9:30 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CCO21094 4 • 1UN Co,, oZ Conservatim Commission r F Salem. Massachusetts 01970 41A SIS5 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, February 24 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Betsy Horne Chair TENTATIVE AGENDA: 1 . Continuation of a Public Hearing for a Notice of Intent • Mooney Road - DeIulis Brothers 2. Continuation of a Request for a Determination of Applicability 224 Highland Avenue- Gulf of Maine Research Center 3 . Old/New Business b A-e cjur6 L!UAC I VAP" C- 4 . Review of Correspondence hlL " Cl 5 . Approval of Minutes -December 9 , 1993 -January 13, 1994 -January 27, 1994 -February 10, 1994 EX\DH\CCO22494 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 Franklin Realty Trust. The proposed work, located at 14 Franklin Street, consists of maintaining a 40 feet aluminum gangway and a 9'x 60'float.The Request will be heard on Thurs- day,March 10,1994 at 6:30 p.m.,One Salem Green, Second Floor Conference Room. BETSY HORNE, Chair March 3, 1994 �� __ SN30446 . y S%oN Cp�� 2� Or Coffin Salem. Massachusetts 01970 • y ��'" ASS MAR 1 1 54 ft Iq 'Nf� CITY 0€ A ,i, HASS CLERK', vfilCt NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold a special meeting on Thursday, March 10, 1994 at 6:30 p.m. in the second floor conference room at One Salem Green. �YDAc.in- Betsy Horne Chair TENTATIVE AGENDA: 1. Request for a Determination of Applicability - 14 Franklin Street - Mr. Craig Burnham • 2. Old/New Business 3. Review of Correspondence 4. Approval of Minutes -December 9, 1993 QLLL�"�I -January 27, 1994 February 10, 1994 1 C -February 24, 1994 This notice pouted on "Official Bulletin . Board" City Hall Ave., Salem, Mass. on MAR 1 . 04 at I s'y/iy in accordance with Chap. 30 :80M 23A a 239 of M.G.L. SALE71 CONSERVATION COM'IISSION • 'IINUTES OF VEETI_"G THURSDAY, 'LARCH 10 , 1994 A regular meeting of the Salam Conservation Commission was held on Thursday, P".arch 10 , 1994 , at 5 :30 P.`1. , in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Abby Burns, Chris Rent, °Michael Tdalipinski, 'lob Crowley, and Fred Harnev. Also present were: Conservation Administrator Debbie Hurlburt, and Eileen Sacco, Clerk. Betsv Horne called the meeting to order at 6 : 30 p.m. and noted that Atty. Kevin Daly was present to discuss vending and open litigation with the Commission. She asked for a motion for the Commission to adjourn to Executive Session. A motion was made by Abby :,urns to adjourn to Executive Session for the nuroose of discussing pending and open litigation with Atty. Kevin Daly. The motion was seconded by Bob Crowlev and upon a roll call vote the motion was approved as follows: Abby Burns yes Chris Kent yes Michael Nalipinski yes • Bob Crowley yes Fred Barney yes The Commission reconvened to open session at 6 :50 p.m. REQUEST FOR DETE7MINATION OF APPLICABILITY - C^AIG BURNHAM - 14 FRANKLIN STREET Retsv Horne read the notice of the Public Hearing that was published in the Salem Evening flews . Craig Burnham addressed the Commission and showed photographs of the gangway and the float that he is requesting a Determination of Applicability for. . ichael tdalipinski asked '".r. Burnham how long the float has been there. Mr. ^urnham replied that it has been there for about a year. Michael '.;alio_ inski asked if the seawall was put in then or was it repaired. 'Ir. Burnham stated that he repaired the seawall at that time. 'Ir. ^urnham stressed that the float is not a permanent structure, as he will be moving it if necessary for jobs in other locations. ,ie explained that the float is secured to the land with chains attached around the pilings . IIe also explained the spud that • rests in the mud, he also noted that if the barge is moved the 1 spud goes with it. 3etsy Horne asked what happens to the gangway when the float • is moved. Mr. Burnham stated that it is removed, noting that it was stored on top of the float for most of this winter. .ichael Nalioinski asked how often the float is moved. Mr. Burnham stated that the float is moved once or twice a year. Mr. 'Burnham stated that the inside of the floats is not a perfect flat bottom and explained the design of a float. Chris hent stated that the elan shows an existing piling. Mr. Burnham stated that it was a mistake and that it was actually a stub, that has since been removed from the property. Abby Burns questioned how the Commission could issue a Determination of Anolicability when there are so many outstanding issues of concern to the Commission. Betsv Horne stated that it is not the Commission ' s place to enforce zoning or Harbor regulations, and they can only address the issues that affect the '9etlands Protection Act. She also noted that the Commission ')rought suit against Burnham Associates on those matters . 'lichael Nalipinski asked if they would be storing fuel on the float. Mr. Burnham stated that they would he loading material onto a larger vessel from the float and that they would have a few gallons of fuel, but not large quantities. • Atty. 1,evin Daly addressed the Commission and stated for the record that the City of Salem disputes Mr. Burnham' s history of the property. Betsy Horne asked Mr. Burnham why he was applying for a Determination of Applicability now. Mr. 3urnham stated that his arm is being twisted and he is applying on the advice of his lttornev. The Commission reviewed the Order of Conditions that was issued in 1930 for the property. 'Betsy ?Borne noted that there was no mention of the float or gangway in that notice of Intent that was for a seawall and :urine railway. She also noted that there are still conditions attached to that project. ^ob Crowley noted that the maintenance of the barge and float takes nlace in the water, and that is under the jurisdiction of the Commission. Chris ?:ent asked how long the float and the snud have �)een there. +.r. Burnham stated that thev have been there for about one year. ?e also noted that they will probably_ he moving the float over to the Salem/Beverly midge soon. • Betsy Horne noted that she is distressed that there is so much Z movement of heavy equipment in the resource area. • There being no further comment or discussion on the matter at this time , a motion was made by Michael _Talipinski for a legative Determination for Burnham Associates, 14 Tranklin Street, seconded by Bob Crowley, and denied 0-6 , ;,,ith all members present voting in the negative. OLD / NEW BUSINESS Earth Dav Debbie Hurlburt renorted to the Commission that Earth Dav will be held on Saturday, April 30 , 1994 at 10:00 a.m. in the market area outside Old Town Hall. In the event of rain it will be held inside Old Town Hall . She asked the members to think about what the Commission would like to do for the Fair. Salem Nigh School Debbie Hurlburt reported that Charlie Quigley has been getting prices for the flagging of the area behind Salem High School and will get in touch with Debbie when it is completed. Correspondence Betsy Horne read a letter to the Commission that she wrote to • Tom Tlalsh, thanking him for his service to the Commission. She also asked about the status of a new member to replace him. Debbie reported that she has given the advertisment to Hill Luster, and he is going to talk to Mayor Harrington about it. Blaney Street Debbie ?Iurlburt renorted that Fill Beaulieu checout the n_ roject on Blanev Street and all appears to be in compliance. She noted toe of tac slo that he measured the t pe and it is 30 feet. She also noted that the seawall :innears to be unstable and that Mr. 'lackey is applying for an amnesty license. APPROVAL OF 'IINUTES The minutes of the meeting of December 9 , 1993 were presented for approval. 'lotion made by Abby turns to approve the minutes of the meeting of December 9 , 1993 as amended, seconded by Bob Crowley, and annroved unanimously. There heinq no further business to come before the Commission at this Meeting, a motion was made '.-),,r Abbv ',urns to adjourn the meeting, seconded by Chris ':ent and approved unanimously. The meeting was adjourned at 3:30 n_ .,n. • 3 "SPrCTFULLY SUDMlI'"T= P,Y; • 71LEEN M. Sacco, CLERK CC031094 • • 1 µ)N Cptft {z Conservatim Commission Salem. Massachusetts 01970 `7.it:i ssnCW_ NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, March 24 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. -------- Betsy --Betsy liorne Chair TENTATIVE AGENDA: • 1. Extension Permit - Tri-City Sales - Mr . David Cohen 2 . Discussion regarding Earth Day Fair 3 . Discussion regarding long range conservation issues 4 . Old/New Business 5 . Approval of Minutes -February 24 , 1994 -March 10 , 1994 5G Ex\Dh\cc032494 2— SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, MARCH 24 , 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, March 24 , 1994 at 7:00 P.M. in the second floor conference room at One Salem Green, Those present were: Chairwoman Betsy Horne, Chris Kent, Michael Nalipinski, Fred Harney, Abby Burns, and Bob Crowley. Also present were: Conservation Administrator Debbie Hurlburt and Eileen Sacco, Clerk. EXTENSION PERMIT - TRI - CITY SALES - MR. DAVID COHEN Fred Harney recused himself from discussion of this matter. Debbie Hurlburt read a letter from Atty. John Serafini on behalf of his client David Cohen, requesting ani extension to May 12, 1994 , to research the status of the property. He noted that the snow cover prevents them from seeing what is actually there, and they feel that the extension of time would allow them to properly pursue the matter. Betsy Horne noted that she would have preferred that the • Commission have more information regarding this by now, but suggested that the extension would be appropriate given the conditions of this winter. Debbie Hurlburt suggested that the Commission could request an interim update before the May 12 meeting. Motion made by Abby Burns to approve the extension to the meeting of May 12, 1994, seconded by Bob Crowley and approved unanimously. DISCUSSION OF EARTH DAY FAIR Debbie Hurlburt informed the Commission that plans are well under way for the Earth Day Fair to be held on April 30, 1994 from 10 :00 - 2 : 00 . She reported that she is working with Eileen Sacco on the possibility of bringing the New England Aquarium Whale Day Exhibit to Salem for the Fair. She noted that the cost is $700 .00 for four hours and Eileen is checking with the Elementary School PTO' s to see if they would contribute to the cost of the exhibit. She also noted that the Commission could sponsor a poster contest, in the schools and that the Commission could judge them. More details will be given at a later date. DISCUSSION REGARDING TONG - *r•z' C-QN9EA T!8N ^ 7tfe- r4Ej p(obt 6DA «Z� Betsy Horne noted that it is time again to discuss the Tidal • Gates at the Forest River. She explained the situation to Michael Nalipinski . He noted that perhaps the Army Corp of 4 a , Engineers would be interested in that since they may be impeding • navigable wa4la+i45 OLD / NEW BUSINESS 22 Bayview Circle Debbie Hurlburt reported that she received a letter from Cheryl Gideon, noting that the hay bales would be in place by March 28, 1994, and the construction is scheduled to start on March 31 , 1994 . Linden Ave. Extension Debbie Hurlburt noted that she received a letter from Mr. Bouchard stating that the installation of the septic system would be starting and that the hay bales are in place. Non Point Source Workshop Debbie Hurlburt reported that Joanne Carr would be attending the April 14, 1994 meeting to discuss Non Point Sources . 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 :00 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CC032494 • CITY WO 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 Maynard Plastics.The proposed work, ! located in a Buffer Zone,consists of enlarging the - paved roadway area at the rear of the property r,' located at 96 Swampscott Road.The Request will - be heard on Thursday,April 14, 1994 at 7:00 p.m. in the second Boor conference room at One Salem - Green. BETSY HORNE, Chairperson April 7, 1994 SN40129 - 4 � `S\oN `O1j1 z Conservatim Comm ssim N • Salem. Massachusetts 01970 F M� I�.I7ASSDC�� NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, April 14, 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Betsy Horne •� Chair TENTATIVE AGENDA: 1. Request for a Determination of Applicability - 96 Swampscott • Road - Maynard Plastics 2 . Discussion with Joanne Carr regarding Non-point Source Runoff 3 . Update regarding Earth Day 4 . Old/New Business _ 5 . Approval of Minutes -March 10 , 1994 ^ , -March 24 , 1994 //h,� y r CV EX\DH CC041494 Ccs a Luk( 1� � • r SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, APRIL 14 , 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, April 14 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Those present were: Chair Betsy Horne, Abby Burns, Fred Harney, and Bob Crowley. Also present was Conservation Administrator, Debbie Hurlburt . REQUEST FOR A DETERMINATION OF APPLICABILITY - MAYNARD PLASTICS 96 SWAMPSCOTT ROAD Dr . Hugh Mulligan of the Gulf of Maine Research Center , Inc. addressed the Commission on behalf of Maynard Plastics requesting a negative determination. Dr . Mulligan stated that he went to the site and investigated it for any resource area . Dr . Mulligan explained where the site is located. He also indicated that there are four bays in the back of the building to allow loading and unloading and due to the increase in productivity there was a need to expand the loading area by enlarging the paved • area in the back of the property. Dr . Mulligan explained that there are two wetlands areas adjacent to this site• the first was a Bordering Vegetated Wetland (BVW) on the southeas4 side of the building ( if you are facing the building at the rear of the property) and an Isolated Land Subject to Flooding ( ILSF) . Dr . Mulligan stated that the BVW is a stream but the work proposed is outside the BVW and the Buffer Zone to the BVW. He also stated that the ILSF, which does not have a Buffer Zone will not be affected by this proposal . Dr . Mulligan sta d that the applicant is looking for a Negative Determination d he proposed area described in the Request for Determination of Applicability is not in an area in the Commission ' s jurisdiction. Abby Burns asked whether the ILSF would be affected at all . Dr . Mulligan stated that it would not . Bob Crowley asked whether the entire project is outside the Buffer Zone . Dr . Mulligan stated that it was . • 1 Dr . Mulligan stated that the applicant would add haybales around • the BVW even though the area is out of the Conservation Commission ' s jurisdiction. Fred Harney stated that he is concerned about a snow storage area. Chair Horne opened the meeting up for public comment at this time. There being no one present who wished to comment on the matter . Motion made by Fred Harney to issue a Negative Determination, seconded by Abby Burns and approved unanimously. NON-POINT SOURCE WORKSHOP Jo-anne Carr from the Department of Environmental Protection conducted a Non-point Source Workshop for the Commission. Ms . Carr handed out numerous informational literature. Ms . Carr explained that a "point " source is from a pipe whichis permitted and a non-point source is everything from site septi ,oto lawn fertilizer , vehicles , drainage from parking lots, etc. Ms . Carr stated that she will focus on salt application and snow storage as requested by the Commission. po ww • Ms . Carr stated that the best protection from non-point sourcen is to keep development away from the water area. Ms. Carr also stated that municipalities have to look at where the salt and sand is stored and perhaps have the salt and sand covered. In addition Ms. Carr also recommended that the snow be stored in an upland area. Ms . Carr Mated that other communities like Lincoln and Weston have low salt policies . Ms . Carr also stated that there should be snow storage sites which are 100 feet from a wetlands area and the Commission should ran the areas and prioritize$ them and prohibit the snow being dumpe into a water body. Ms . Carr indicated that the Soil Conservation Service has a program which will review the plan and come out to see the site and that person is Marc McQuinn and reachable at 295-1481 . Ms . Carr stated that she would be available in Boston should the Commission have any additional questions . EARTH DAY FAIR Debbie Hurlburt addressed the Commission on the progress on Earth • Day. 2 OLD BUSINESS • LEGGS HILL ROAD Debbie Hurlburt reported that the Clerk of the Works Will Beaulieu has done a follow-up site visit to Legg ' s Hill Road to investigate alleged dumping on this site . Ms . Hurlburt showed the Commission pictures of the site and reported that Mr . Beaulieu indicated that he did not see any violation on this site . Chair Horne requested that a follow-up letter be sent to the DEP of the investigation. TRI-CITY SALES Debbie Hurlburt reported that she has had conversations with Attorney Serafini and he has indicated that the engineers on the project originally in 1988 and 1989 have been brought on board and will have a report to the Commission by the May 26 meeting . APPROVAL OF MINUTES The minutes of the Executive Session of March 10, 1994 were presented for approval . Motion made by Abby Burns to approve the minutes of the meeting of March 10 , 1994 , 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 Fred Harney to adjourn the meeting , seconded by Abby Burns and approved unanimously. The meeting was adjourned at 8 : 50 p.m. RESPECTFULLY SUBMITTED: DEBRA HURLBURT CONSERVATION ADMINISTRATOR EX\DH\CCMINTS4 . 14 3 • j41-1970 CLASSIFIED ADVERTISING LcgalNotsI�egalNetice, ^;[ fit ^ . CITY OF SALEM f CONSERVATION COMMISSION The Salem Conservation Commission will hear S a Request for a Determination of Applicability, ,d under the Wetlands Protection Act,Massachusetts 0 General Laws, Chapter 131, Section 40, at the m request of New England Power Company.The pro- t posed work, located at 24 Fort Avenue, consists -n of stockpiling approximately 600 tons of stones Lwitbin Buffer Zone. The Request will be heard sday,April 28,1994 at 7:00 p.m.,One Salem second floor conference room. BETSY HORNE, Chair , 1994 SN33108 �`u" c�i� C s Consff on C�on�mis m z Salem. Massachusetts 01970 t�:11A SS'CNv NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, April 28, 1994 at 7 :00 p.m. in the second floor conference room at One Salem Green. /Be sy/Horne 2h« Chair TENTATIVE AGENDA: 1 . Request for a Determination of Applicability - Nepco 24 Fort Avenue • 2 . Earth Day Discussion 3 . Old/New Business 4 . Review of Correspondence , 5 . Approval of Minutes (�Ic tj , -March 24 , 1994 �,th (��k/\' -April 14 , 1994 Ex\DH\CC042894 • SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, APRIL 28 , 1994 A regular meeting of the Salem Conservation Commission was held on Thursday , April 28 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Those present were : Chairwoman Betsy Horne, Michael Nalipinski , Abby Burns , Fred Harney, Chris Kent , and Bob Crawley . Also present were Conservation Administrator Debbie Hurlburt , and Eileen Sacco ; Clerk. REQUEST FOR DETERMINATION OF APPLICABILITY - NEW ENGLAND POWER COMPANY - 24 FORT AVENUE David Mills , Project Engineer for NEPCO , addressed the Commission and discussed a proposal in which NEPCO would stockpile 600 tons or 1 , 000 c . y. of clean stone, that they intend to use for a future project to do some drainage revisions . He noted that the fill would come from the material that has been blasted at the SESD site that is currently under construction. He further noted that this is a unique opportunity for them to get the stone and save some expense. • Micheal Nalipinski asked if the stone was similar to the stone that is being stored on Blaney Street . Mr . Mills stated that it is the same type of stone and is coming from the same site. Mr . Mills explained that the intended project , in which they will use the fillisto divert the current storm water runoff from runni' g into the ocean, and in doing so they plan to combine two discharges into one . He also noted that the project is scheduled for July 1994 . Betsy Horne asked if there were any questions concerning the proposal . Fred Harney asked where they would be stockpiling the fill . Mr . Mills stated that they would be storing the material 20 feet from the original fence line . He also stated that they would be installing a new fence at the time of the project . , Abby Burns asked how they would get the material to the site . Mr . Mills stated that they would have delivery through a gate from SESD . There being no further comment on the matter , a motion was made by Abby Burns for a Negative Determination , seconded by • Bob Crowley and approved unanimously . t OLD/NEW BUSINESS Debbie Hurlburt read a letter from Fafard Companies • requesting an extension of three Orders of Conditions until July 24 , 1994 , so that they can gather the information requested by the Commission. Betsy Horne stated that she was hoping to have the information requested sooner . She asked the members how they felt . The Commission discussed the reasons for the requested information and the need to get the information in order to get a handle on those sites . Motion made by Abby Burns to extend the orders of Conditions until July 24 , 1994 , seconded by Bob Crowley and approved unanimously . AMNESTY LICENSE REQUESTS Debbie Hurlburt addressed the Commission and reported that she has received notice from DEP of three filings for �- amnesty . `he reported that the locations are as follows : 3A Winter Island Road -- D M H Yacht Club 5 Winter Island Road -- Mary Ballou National Park Service for a non amnesty license to build the buildings on the wharf . AMTRACK OPERATIONAL PLAN • Debbie Hurlburt reported that the yearly operational plan for Amtrack has been submitted to the Commission . TIDAL GATES Betsy Horne informed the Commission that it is time to again begin thinking about the Forest River Tidal Gate schedule . She explained the situation to Michael Nalipinski , since he has not addressed the matter before as a new member . Michael Nalipinski stated that while the matter of closing the gates may be a State Law, it still may be in violation of the Federal r' CS . He suggested that the Commission get a legal opinion from the City Solicitor . DISCUSSION WITH CITY ENGINEER CHARLES QUIGLEY REGARDING • FILLING AT SALEM HIGH SCHOOL Betsy Horne informed the Commission that she discovered that 52tth has been filling done behind Salem High School . She lso noted that she had a meeting with Charlie Quigley on Friday „ She also noted that the activity has been significant in the wetland area . Debbie Hurlburt showed photographs of the area . Charlie Quigley stated that there was a lot of debris in there and he was trying to clean up the area , noting that a lot of what was remgved has been dumped illegally. Abby Burns tated that seen a city truck going in there and ing c Mr . Quigley stated that the city has been dumping there for years . Abby Burns also noted that there was bridge in that location. Mr . Quigley lied that he did not see any evidence of a brook or a bri LL- oa" �- Betsy Horne stated that she is con c rned that an area which has been of concern to the Commiss ' on for quite some time is not covered in the flagging report given to the Commission.by C Debbie Hurlburt reviewed the wetlands map with the • Commission and Mr . Quigley. Mr . Quigley explained the area that had been filled to the Commission. Betsy Horne asked Mr . Quigley to prepare a plan showing the existing Soccer Field and the flagged area . Mr . Quigley agreed to prepare that for the next meeting. DISCUSSION OF THE CONDITION OF THE TRANSFER STATION Mr . Quigley stated that he has had a meeting with Mayor Harrington regarding the situation at the transfer station . He reported that the city will no longer be allowing the use of plastic bags for the collection ofd waste . He also noted that he is trying to get some he from the Essex County Corrections Department to get so men to de-bag the yard waste . He explained that the city would have to pay the Sheriff4b\to supervise them. Mr . Quigley also stated than hie would have the pile pulled back . He estimated that it would cost about $12 , 000 . 00 to clean up the area . He also noted that it should be completed by Friday , May 6 . APPROVAL OF MINUTES The minutes of the meeting of March 24 , 1994 were presented • for approval . Motion made by Fred Harney to approve the minutes of the meeting of March 24 , 1994 , sec&Kent and approved unanimously . , The minutes of the meeting of April 14 , 1994 were presentd • for approval . Motion made by Chris Kent to approve the minutes of the meeting of April 14 , 1994 , 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 Chris Kent and approved unanimously . The meeting was adjourned at 9 :00 p.m. RESPECTFULLY SUBMITTED BY : EILEEN M. SACCO, CLERK CC042894. • • L_ )ON Cp)� z Conservation Commission • Salem. Massachusetts 01970 F�s nca�5 NOTICE OF MEETING You are hereby notified tnat the Salem Conservation Commission will hold its regular meeting on Thursday, May 26 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. etsy lforn"e Chair TENTATIVE AGENDA: 1 . Discussion regarding Salem High School 2 . Old/New Business v • 3 . Approval of Minutes -April 28 , 1994 -May 12 , 1994 EX\DH\CC052694 • :��On rOtff 1 Z Conservatim Commissim s Salem. Massachusetts 01970 y bd ssn�N`' NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, May 12 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Betsy Horne Chair TENTATIVE AGENDA: 1 . Old/New businessPA 2 . Review of new wetlands videotape t 3 . Review of correspondance 4 . Approval of minutesGlV\A —(J�� —April 14 , 1994 // —April 28 , 1994 F EX\DH\CC051294 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, MAY 12, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, May 12, 1994 at 7:30 p.m. in the second floor conference room at One Salem Green. Those present were: Chair Betsy Horne, Christopher Kent, Fred Harney and Mike Nalipinsky. Also present was Conservation Administrator Debbie Hurlburt. DISCUSSION REGARDING SALEM HIGH SCHOOL Mike Collins from the Engineering Department was present to discuss with the Commission the Engineering Department's progress in addressing the Commission's request as it was presented at the meeting of April 29, 1994. At the last meeting the Commission had requested that the Assessor's map be updated indicating where the existing soccer field is located. Mr. Collins showed the Commission a map indicating the existing soccer field, the power lines, the area which was recently flagged, the fill area and the existing wetland. Betsy Horne asked Mr. Collins where the existing soccer field was. Mr. Collins pointed out the field and stated that the fill is approximately 12 feet high in areas. Mr. Collins stated that the filled area was analogous to this existing soccer field. Mr. Collins also indicated that he went out to the site and surveyed the site and where the fill and wetland are located. Fred Harney asked Mr. Collins where the boundaries of the site were and who owned the abutting property. Mike Collins pointed out the boundaries and stated the he believes that the City of Salem ownes the abutting site. ` Ms. Horne asked Mr. Collins in his opinion what does this information tell him. 7 Mr. Collins replied that it indicates that it would be a resource area. A A The Conservation Commission then reviewed the infra-red aerial photograph of the site. Mr. Collins indicated on the plan where the outcropping of ledge appears to be. III • 1 Mike Nalipinsky pointed out where the soccer field was on the wetlands map and on the aerial photograph. Mr. Nalipinsky indicated that it would appear that the wetlands maps are not correct and the area appears to have been filled. Mr. Nalipinsky stated that in his opinion the aerial photograph is correct. Fred Harney stated that he agreed that this was a wetland due to a pipe which was out on the site. Betsy Horne stated that as filling occurred the pipe was extended. Mr. Harney stated that the Commission does not know where the pipe began. Mike Nalipinsky asked whether the Public Works Department reviewed the aerial maps before they filled that area. Mr. Collins stated that he was not employed by the City at the time. Betsy Horne stated to Chris Kent that he knew of the Commission's concerns at the area and was surprised that he didn't mention. this before. Chris Kent stated that it didn't occur to him that they would be filling the area and that they would clean up the area and stop using the area as a City dump. • Betsy Horne asked Mr. Kent if he did not know the extent of the fill that occurred. Mr. Kent stated that he did not know the extent of the fill. Mr. Kent said he was not involved. rj Mike Nalipinsky asked Mr. Collins if the soccer field is utilized. Betsy Horne stated yes it is. Ms. Horne asked Mr. Cons if Mr. Quigley wanted him to provide any further informatio � he Conservation Commission. Mike Collins stated that the report which was done by' Petrowicz Engineering didn't mention that this was a wetland because it was apparent on the wetlands map. Betsy Horne stated that if the Commission looked at the aerial photograph it looks like its been filled and asked for comments from the Commission as to how this should be addressed. Ms. Horne stated options for the Commission such as issuing an enforcement order and require the fill material out or a mitigation measur . Ms. Horne stated that it is not pr ferable to issue an Order f Conditions due to mixing up civil a d administrative issues. • �� V, • 2 Chris Kent stated that it appears that when the existing soccer field was filled in it dammed up the area. Mike Nalipinsky stated that he was more comfortable addressing fill within the last year as opposed to ten years ago. Chris Kent stated that he was up in the area with Scott Petrowicz and that the drainage appeared displaced. Betsy Horne asked Mr. Collins how big a soccer field is. Mr. Collins stated that it is 300' x 4001 . Fred Harney stated that it was his opinion that they should deal with the City as they deal with other developers; for instance Clark Avenue. Betsy Horne added as well as Burnham Barge and any other issue. Fred Harney asked if it was possible to bring back the area to its original condition. Mr. Harney asked whether NEPCO was aware of g Y the filling which took place due to the power lines which are in the same vicinity. Mike Collins indicated that NEPCO only had an easement over the • property and that the area is still the City of Salem's property. Chris Kent stated that it would be beneficial to fence in the area to prevent further dumping. Betsy Horne stated that there were more issues before the Commission this evening and that they could come back to this issue at the end of the meeting. TRANSER STATION Betsy Horne stated that at the last meeting City Engineer Charlie Quigley indicated that the material would be pulled back from the Resource Area and that he would have boulders put up to stop debris from entering,Resource Area. 44kA Mike Collins from the Engineering Department stated that boulders have been put in the area but not on the top of the slope because it was tough to do this work with City labor. Mr. Collins indicated that the City labor had tried to pull back the debris with a front-end loader but most of the time the vehicle was stuck in the mud. Betsy Horne asked whether the boulder effect would or would not work. • Mr. Collins stated that the Engineering Department would like a road in the area. 3 Betsy Horne asked whether the work would def inately impact the • Resource area. Mike Nalipinsky stated that it sounds like they are already within a Buffer Zone and our concern is abutting a wetland area. Mr. Nalipinsky asked whether the DPW was going to file a notice of intent before proceeding. Mike Collins stated that he believed the Engineering Department would like to clean up and cover up the debris that is existing and then pave an area to start over. Mike Nalipinsky stated that leaves and bags are falling over the area. Mike Collins stated that 13 City workers had debagged for 8 hours without a making a dent to the piles. Betsy Horne stated that she was concerned about the area and that she thought that perhaps the men should pull back the bags but that there should be haybales or something in the area to stop any debris migrating into the resource area. Ms. Horne asked where things stand at this point. Mike Collins stated that he believed Mr. Quigley would like to • clean up the area but that the City worker with the pay loader was ineffective. Mr. Collins indicated that perhaps they should try to pull back the area and level off the site by bringing in a back hoe. Mike Nalipinsky stated that it sounded that the Engineering Department is too concerned with aesthetics and little regard for noted wetland areas. Mr. Nalipinsky stated that before any more work is done that perhaps the Commission should take a position and that he would recommend that a notice of intent be filed before any more work is done at Transfer Station. Fred Harney stated that the state spent alot of money on a new pipe to channel the water that flows across Highland Avenue and any blockage of the pipe would impact the area that was being mitigated. Mike Collins indicated that they would have to use an engineer to do a comprehensive plan if they were to use the back of the property. Betsy Horne asked where the material from the last yard waste pick up was going. Mike Collins stated that he did not know. • 4 • Betsy Horne asked if the Engineering Department wanted to put a vegetative mat over the leaves. Mike Collins replied yes. Betsy Horne stated that this problem has been going on too long and that they should not do any more until the Commission talks to the Engineering Department. D. km G kb _� r CLARK AVENUE U-615YA 1P{axbctl S• J. PN Debbie Hurlburt update the Commission regarding 18-20 Clark Gt Avenue. Ms. Hurlburt reminded the Commission that the last time �s( Mr. Abraham was before the Commission it was suggested that a certified letter from the engi stating that the work was done in compliance with the plans was in order Debbie stated that Walter Abraham, property owner, had recently submitted a letter from Engineer, harles fa�a stating that the Order of Conditions, 64-148 issu we a substantially in compliance. Ms. Hurlburt also stated that Mr. Abraham, the Clerk of the Works Willie Beaulieu and she had conducted a site visit to the property and found that the fill appeared to have been in place for a long period of time due to the amount of vegetative growth. . Betsy Horne reminded the Commission that the majority of work had been done on the site but due to the time lapse of the Order of Conditions only a partial Certificate of Compliance could be acted on. The remainder of work to be completed would be the construction of single family homes. Ms. Horne stated that if and when Mr. Abraham is ready to build on this property that he would have to file a request for a determination of applicability due to the work falling within a Buffer Zone. Betsy Horne stated that the letter was signed but was not stamped by the engineer and she required that Mr. Abraham have it stamped before at/CCe+rt. ficate of Compliance could be issued. Chris Kent basked whether the slope was as indicated on the plans. Debbie Hurlburt stated that she was out on the site but she did not measure the slope, however; due to the letter from the engineer it should be sufficient to reassure the Commission that this was taken in consideration. Ms. Horne indicated that a Motion would be in order to issue a partial Certificate o Compliance to cover all but the construction of the new single family homes. • 5 Motion was made by Fred Harney to issue a partial Certificate of Compliance for 64-148, seconded by Mike Nalipinsky and appnprov d unanimously. -((U f6Q NA4&aD C'�"`P�L C • a6ry fir A"c� o6 a�o r - a s TRI-CITY SALES 61^ kA 1*f The discussion regarding Tri-City Sales will be conducted at the next meeting due to the lack of a quorum on this issue (Fred Harney had to recuse himself from this issue) . 22 SAUNDERS STREET Debbie Hurlburt read a letter from Arn6 Jb n Serafini requesting an Extension Permit for DEP fitele\# ey 2 Saunders Street. The Commission preliminary reviewed the plans in the file. Mike Nalipinsky requested that the applicant submit information regarding runoff calculations, where the water discharges to and the sizing of the discharge area for stormwater, the water retention basin, how the area is sloped and where the water is flowing due to the sloped area, and a copy of the 21E study. Betsy Horne stated that a representative for this projectrNattend the next meeting to address these issues. BURNHAM BARGE Debbie Hurlburt reported to the Commission that she has received a . Notice of Intent from Franklin Street Realty Trust for 14 Franklin Street. Ms. Hurlburt indicated that there were some deficiencies in the application and would be talking to Attorney Kevin Daly about contacting the Burnham's attorney to have this amended if they desire to. Bets Horne requested that copies of the Notice of Intent be sent Y q P to Bob Crowley and Abby Burns for their information. OLD/NEW BUSINESS Debbie Hurlburt informed that Commission that she was in receipt of notification from Aquatic Control Technology stating that they would be doing their yearly application to Sargent Pond in Greenlawn Cemetery. Mike Nalipinsky asked whether the City Solicitor has responded to the Commission's letter regarding the tidal gates. Betsy Horne read the letter to the Commission and stated that they have not yet received a response. Chris Kent wanted to discuss with the Commission the need for a pump-out facility and whether this is within the Commission's purview. 6 • saute eipcupceo„ SaisueJ. ns• f faruc ek�ic a �sP wCW iCAPC,/ G 4.4 c�ir."0 ttr• K f� CF NQ k LAcry oFkf cunt,( • Mike Nalipinsky and q3etsy Horne stated that t ey did not believe ficP that itf was within the Commission's jurisdiction. TRANSFER STATION 141JJI-j"I Betsy Horne asked the members what they would like to do regarding the dumping issue at the Transfer Station. It was decided upon that a letter be sent to Mr. Quigley stating that no further work shall be done in this area of the Resource Area or the Buffer Zone and that the Engineering Department submit a Notice of Intent to the Commission regarding work proposed by noon, Monday, May 30, 1994 . SALEM HIGH SCHOOL Betsy Horne asked the members what they would like to do regarding the filling of the High School area. Mike Nalipinsky stated that at a minimum the Department of Public Works must refer to any and all maps prior to any more work within this area. Mr. Nalipinsky also stated that maybe an option would be mitigation by way of a notice of intent. Betsy Horne stated that the Commission could issue an enforcement order requesting a notice of intent. Chris Kent stated that assuming Mr. Quigley does not want to get • into a fight with the Commission perhaps a letter might be the first step. stated that ideally he prefers that the material be excavated and the area be restored. Mr. Nalipinsky indicated that an enforcement order may be in order with a proposal for mitigating the area. Betsy Horne asked whether a motion was in order. A motion was made by Mike Nalipinsky to issue an enforcement order requiring the filing of a notice of intent. Fred Harney seconded the motion. The motion was denied with Chris Kent opposed and Fred Harney, Mike Nalipinsky and Betsy Horne voting in favor. The motion did not carry. Ms. Horne stated that she intents on issuing an Enforcement Order and will look for ratification at the next meeting. 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 Fred Harney and approved unanimously. The meeting was adjourned at 9: 02 p.m. • RESPECTFULLY SUBMITTED BY: DEBBIE HURLBURT CONSERVATION ADMINISTRATOR 8 • 8 • 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 Alfred Maneiro.The proposed work, located at 17 Wheatland Street, Map 24, Lot 207, consists of the con- struction of a single car garage/screen enclosure within a Buffer Zone. The Request will be heard on Thursday, June 23, 1994 at 7:00 p.m., One Salem Green, second floor conference room. BETSY HORNE, Chair June 16, 1994 SN26706 CIT '.OF,S?LEM 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.The proposed work,located at McGrath Park,46 Marlborough Road,consists of the excavation of a play area for site preparation to allow for the installation of children's play equipment. The Request will be heard on Thursday, June 23, 1994 at 7:00 p.m., One Salem Green', second floor conference room. BETSY HORNE, Chair June116-1994 SN26707 F ITY OF SALEM NSERVATION COMMISSION d a Public Hearing for a Notice of Intent Massachusetts Wetlands Protection Act, setts General Laws,Chapter 131,S ction hcant request of Harold Hewitt.The app to constrict five single family homes, a c roadway, associated site preparation illing of a 1,950 s.f.Resource Area with a proposed mitigation of a 2,000 s.f.wetland rep- lication on Calumet Street, Map 10, Lot 25. The hearing will be held on Thursday, June 23, 1994 at 7:00 p.m., One Salem Green,second floor con- ference room. BETSY HORNS, Chair June 16, 1994 SN26705 `µtN Cot t az Conservatim Commissim Salem. Massachusetts. 01970 F, wW ,,,tis�CN NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, June 23 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. B4"`4/�� ornene Chair TENTATIVE AGENDA: i 1 . Determination of Applicability - City of Salem - McGrath Park Juli Reimenschneider 2 . Determination of Applicability - Mr . Maniero - 17 Wheatland • Street 3 . Notice of Intent - Calumet Street - Gulf of Maine Research Center 4 . Continuation of a Public Hearing - Notice of Intent - Salem High School - Mike Collins 5 . Continuation of a Public Hearing - Notice of Intent - Salem Transfer Station - Mike Collins 6 . Oid, New Business 7 . Approval of Minutes �roc Edt4 r "� C'J'- CITY OF SALEM CONSERVATION COMMISSION Will hold a Public Hearing for a Notice of Intent under the Massachusetts Wetlands Protection Act,Massachusetts General Laws,Chapter 131, Section 40,at the request of the City of Salem Department of Public Works.The appli- cant purposes to clean up and landscape an area within a Buffer Zone located at the'Transfer Station on Swampscott Road, Map 7; Lot 68. The hearing will be held on Thursday,June 9, 1994 at 7:00 p.m.,One Salem Green,second floor conference room. Betsy Horne June 2, 1994i SN34Cha74r6 CITY OF SALEM CONSERVATION COMMISSION Will hold a Public Hearing for a Notice of Intent under the Massachusetts Wetlands Protection Act,Massachusetts General Laws,Chapter 131, Section 40,at the request of the City of Salem Department of Public Works.The appli- cant proposes to mitigate and create a 5,000(plus or minus)s.f.wetland area adjacent to an Isolated Land Subject to Flooding at 77 Willson Street, Map 14,Lot 213. The hearing will be held on Thursday,June 9, 1994 at 7:90 p.m., One Salem Green, Second Floor Conference Room. BETSY HORNE;Chaire June 2, 1994. - SN34760 \UN Cpl. C Conservation Commission Salem. Massachusetts 01970 41A SS��y NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, June 9 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Betsy fo�rnel Chair TENTATIVE AGENDA: 1 . Notice of Intent - Salem High School 1 �1 • 2 . Notice of Intent - Transfer Station — NO co �0.'1UUE S��t 3 . Extension Permit - 22 Saunders Street 4 . Old/New Business 5 . Approval of Minutes -April 28 , 1994 n , -May 26, 1994 SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, JUNE 9 , 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, June 9, 1994, at 7:00 p.m. , in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Abby Burns, Michael Nalipinski , and Chris Kent. Also -,present were Conservation Administrator Debbie Hurlburt and Eileen Sacco, Clerk. �A NOTICE OF INTENT - SAL HIGH SCHOOL` Scott Patrowicz andike Collins, engineer for the Salem Piagaijo.g Department addressed the Commission and pregented plans to correct the filling, that was done at Salem High School, without proper permits . Scott Patrowicz noted that he did a full survey of the area and explained the plans that he prepared . He stated that they used a Mitchner Study, in which they squared off an area and identified plant stems, and counted them. He also identified an area on the plan that he found to be isolated • land subject to flooding, and noted that there is fill in that area. Mr. Patrowicz explained the pallet method that they would use which calls for the removal of plants by scooping the plants, lowering the grade and creating a bordering vegetative wetland. He also noted that the plan compensated for storage. Abby Burns asked if they had a good success rate with this method. Mr. Patrowicz stated that if it is done properly it would have a good chance of taking. Michael Nalipinski asked how many s . f . of fill was placed for the soccer fields . Mr . Patrowicz stated that he did not know, stating that he looked at maps , but it is hard to tell without doing borings . Betsy Horne opened the meeting up for Public Comment at this time. Hank Morgan of 246 Essex Street, addressed the Commission and stated that he would like to know the location of the project in relation to the Municipal Golf Course. Mr. Patrowicz explained where the golf course would be on the plan. John Burke asked why the city needed another soccer field in • this location. Mike Collins stated that the city has been receiving requests for additional soccer fields for some timQ/ • Michael Nalipinski asked if the mitigation plan for the soccer fields was sufficient. Mr. Patrowicz stated that the plan would make the existing resource area a better one, without digging up what is there ow. He also noted that he was not sure that it was practica. . but given the situation, changing the resource area by adding vegetation may improve what is there. Michael Nalipinski noted that he is concerned that the improvement of a portion of the area is a trade off to what has been filled. Betsy Horne suggested that they take an aerial photograph and put it on the plan, to see how much area has been filled. Betsy Horne suggested that the Commission have a site visit to the area . There being no further comment or discussion at this time, motion was made by Abby Burns to continue the Public Hearing to June 23 , 1994 , seconded by Michael .Nalipinski and approved unanimously. NOTICE OF INTENT - CITY OF SALEM TRANSFER STATION • Mike Collins of the City Engineering Department addressed the Commission and presented plans to close the existing composting facility behind the transfer station. He noted that the City has been required to collect yard waste and they have been composting it in this location, but the facility is not adequate, noting that they need a level site. Mr. Collins stated that they plan to stabilize the slope and landscape the area, and hydroseed it. Abby Burns asked ;if the large rocks would be staying. Mr. Collins noted that the rocks were put there at the request of the Commission and that they would probably stay. Tom M461 iffe-of Hutchinson Medical addressed the Commission and not that he approved of the plan, noting that the area has been of concern to him for some time. He also asked about the landscaping plans. Mr. Collins noted that they have planned for the landscaping between Hutchinson Medical and the sit and noted that it will look good, stating that Mr. Mck uliffehas had to put up with aof of aggravation over the past few years because of/i��s{,'v`"_fatility. i Abby Burns suggested that they block off the alrea completely to the public after they finish. Mr. Collins noted that • they plan to close the road permanently. Abby Burns asked when they plan to so this work. • Mr. Collins stated that they would like to do the work as soon as possible, and could be as soon as a month. Betsy Horne stated that she would like to have a site visit before the next meeting and continue the Publi Hearing to June 23 , 1994. Motion made by Abby Burns to ntinue the Public Hearing to June 23, 1994, seconded by ichael Nalipinski and approved unanimously. OLD/NEW BUSINESS r Blaney Street Michael Nalipinski addressed the Blaney Street site wher the rip rap is being stored from SESD, and noted that he elt that the location of the rock differs from the approved plan. Mr. Collins stated that he did not think that there was a problem, but that he would check on it and get back to the Commission. Drainage Maintenance Mike Collins informed the Commission that he would be preparing a Notice of Intent for maintenance of the storm drains in various locations in the city and they would be • looking for a &anket approval for maintenance in these locations. Michael Nalipinski stated that he felt that this is a positive step towards working with the Commission. Betsy Horne asked Mr. Collins to come before the Commission soon to discuss snow removal, before the winter months approach. Extension of Permit - 22 Saunders Street Debbie Hurlburt read a letter from Atty. John Serafini Sr. , requesting a 3 year extension for 22 Saunders Street . She noted that they have no immediate plans for construction, but that they hope to move forward in the next three years . Betsy Horne stated that she would like to condition the extension that prior to the start of any construction, a .biz&t they should submit drainage calculations to the Commission. She also stated that she felt that a two year extension would be in order, since the Commission has been giving at the most two years on extensions. Motion made by Abby Burns to approve a two year extension for 22 Saunders Street, with the condition that drainage calculations are submitted to the Commission prior to the start of construction, seconded by Chris Kent and approved • unanimously. Peabody Conservation Commission Meeting - Regarding Stop & Shop prod y CPA- '-"L-Betsy Horne noted that the Peabody Con se ation Commission has invited the Salem Commission to a s ' e visit on the Stop & Shop property. She also noted that had to file a new notice of intent because the abutters were not notified of 6li91haj Master Planning Committee Betsy Horne noted that Abby Burns is the Commission ' s representative on the Mater Plan Committee. 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 Chris Kent and approved unanimously. The meeting was adjourned at 6 : 55 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACC0, CLERK CC060994 • • • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, JUNE 23 , 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, June 23 , 1994 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Abby Burns, Fred Harney, Bob Crowley, and Chris Kent. Also present were Conservation Administrator Debbie Hurlburt and Eileen Sacco, Clerk. DETERMINATION OF APPLICABILITY - CITY OF SALEM - McGRATH PARK - JULI REIMENSCHNEIDER T4z ' Juli Reimenschneider addressed the Commissioon behalf of the City of Salem and presented plans for a .Determination of Applicability for proposed work located at McGrath Park. She explained that the work consists of the excavation of a play area for site preparation to allow for the installation of children equipment. Juli noted that the equipment.union fund] aised and donated the money for the equipment. • Juli also explained the material that will be used for the project. She noted that the City has made it a policy when installing new play equipment to install safety surfacing. She explained that they plan to excavate about a foot and a half and lay gravel, soil , a fabric and cover it with untreated wood chips. She noted that the work would be performed in the buffer zone. Juli also noted that she has included the installation of hay bales in the plans. Fred Harney asked if the excavated material would be removed from the site. Juli replied that while they do not have a contractor yet, the removal of the excavated material is in the specjje�hVua Betsy Horne asked if any material would be stock piled. Juli replied that they do plan to stock pile some material , but noted that if they do it could be done on the bituminous area. Bob Crowley asked if they have done any core samples up there noting that there could be toxic waste there. Juli noted that they are aware of the glass problem and that they plan to use two layers of soil fabric to prevent the glass from migrating. • Betsy Horne asked if there was anyone present at the meeting who wished to comment on the project. Martha Howard of 10 Sutton Terrace, Salem, addressed the Commission and questioned how much surface material needs to • be dug up before thlreach what used to be a dump. Juli estimated that it co Id be a foot and a half . Betsy Horne suggested that the Commission could place a condition on the Determination that if they find anything suspicious during the excavation, that all work should be halted and the Commission be notified . There being no further comment on the matter , a motion was made by Abby Burns for a Negative Determination, seconded by Chris Kent and approved unanimously. The Commission discussed possible conditions for the project. Fred Harney suggested that no washing of equipment take place within the buffer zone. He also noted that stock piling should take place outside of the buffer zone. Betsy Horne again noted that if they find suspicious material during excavation the project should be halted and the Commission notified. Motion made by Abby Burns to approve the Special Conditions, seconded by Bob Crowley and approved unanimously. • DETERMINATION OF APPLICABILITY - 17 WHEATLAND STREET -ALFRED MANIERO Phyllis Meniero addressed the Commission and requested a Determination of Applicability for proposed work which consists of the construction of a single car garage within the buffer zone. Debbie Hurlburt noted that they had originally intended to build a porch attached to the garage, but have since changed their plans to a small deck that will be in the rear of the property. Betsy Horne referred to the plan and asked to have the location explained, in relation to the buffer zone. Mike ,�(� n Bouchard of M & M Construction was also present and b OLS ' )/ / � -1a3n2d ptwat—tFie- -•n? is 18 feet e proper£y /L 0s ` line f , and 16 feet from n� the corner of the garage. He also noted that they need to go to the Board of Appeal for a variance from rear setback. Abby Burns suggested that the Commission should look at the site. Betsy Horne noted that the Commission does not have time to continue the matter , since the 21 days will be up before the next meeting . Betsy Horne suggested that they install hay bales and a • siltation fence prior to construction. • There being no further comment regarding this proposal, a motion was made by Abby Burns for a Negative Determination, with conditions, seconded by Bob Crowley and approved unanimusly. The Commission discussed conditions for the project. Fred Harney suggested that no washing of equipment be done in the buffer zone. Betsy Horne suggested that hay bales and a siltation fence be installed prior to construction, and that the clerk of the works inspect them upon installation, before construction begins. Fred Harney also suggested that all excavated material should be utilized in the proposed deck. Motion made by Abby Burns to approve the special conditions, seconded by Fred Harney and approved unanimously. NOTICE OF INTENT - CALUMET STREET - GULF OF MAINE RESEARCH CENTER- DR. HUGH MULLIGAN • Dr. Hugh Mulligan of Gulf of Maine Research Center addressed the Commission to present a Notice of Intent on behalf of Mr. Harold Hewitt, for a proposed subdivision located on Calumet Street. Dr. Mulligan explained that the proposed subdivision would be 5 lots and is currently before the Salem Planning Board for Site Plan Review. He noted that the Planning Board wants input from the Commission for their deliberations and that is why they are presenting to both Boards at the same time. Dr. Mulligan explained the plans to the Commission and identified two wetlands , which he described -mm as being a bordering vegetative wetland located near lot A, and a 2 ,000 s .f . bordering vegetative wetland located near lot D. He explained that they propose to fill in area A, and create a bordering vegetative wetland adjacent to the one present in area D. He also explained that in order to maintain drainage detention basin will be installed near lots D S �- E, whic;ywould hold up to a 100 year storm. He also explained that the water in the street would be collected in a catch basin and held , and would release gradually down into the wetland. Betsy Horne noted that the plan did not show any of the • proposed homes, and requested that they be added to the plan before the next meeting . Fred Harney asked who would be maintaini g this property. • Dr. Mulligan noted that they are before the Planning Board and that eventually it would become a c ty street. He also noted that the City Engineer has revie his proposal . Debbie Hurlburt clarified that the proposed detention basin would be the responsibility of the individual property owners . Fred Harney questioned whether the City of Peabody would be reviewing this project. Debbie Hurlburt noted that the water and sewer would be coming from Peabody. Betsy Horne opened the meeting up for public comment at this time. Lois LeBlanc of 6 Sutton Terrace addressed the Commission and stated that she has a septic system. Donna Elkin of 8 Sutton Terrace addressed the Commission and expressed her concern about the presence of ledge. She also noted that sludge backs up through the pipes causeaby ice in �— the pipes . She also noted that she thought that there was another wetland in the area that was not mentioned . Dr. Mulligan noted that the wetland is outside of the proposed area. Betsy Horne suggested that the Commission have a site visit • to the area. Members agreed to meet at the site on Monday June 27 , 1994 at 6 :00 P.M. Debbie Hurlburt will invite the Planning Board members to join the site visit. Motion made by Abby Burns to continue the Public Hearing to July 14, 1994, seconded by Fred Harney and approved unanimously . CONTINUATION OF A PUBLIC HEARING - NOTICE OF INTENT - CITY OF SALEM - SALEM HIGH SCHOOL - MIKE COLLINS i3 Mike Collins and Scott etrowic addresse the Commission and reported that there a site visit by the Commission and that they were present at the meeting to answer any questions the Commission might have, concerning the project. Betsy Horne noted that there is a tree near the proposed work and asked how they would handle that. Scott Pertowich noted that they could carve out the area and grade it to save the tree. Betsy Horne also asked what kind of heavy equipment would be used in the area . Scott noted that they would be using a back hoe to clear the path. He also noted that location on the plan. • Abby Burns asked when they planned to do the work. Mike • Collins stated that he was not sure when the work would be done because it is the end of the fiscal year . Scott Petrowich noted that the work ,be done in the fall or early spring. Scott Petrowich explained the palleting method of removing plan`[, and stressed that it is important to clip the roots of the plants as they are removed . Mike Collins noted that he would make sure that the plants are clipped as they are removed. Abby Burns asked how successful the palleting method is . Scott noted that 80% of the plants could survive if it is carefully done. Betsy Horne suggested that someone should be on the site at all times to see that the procedure is done correctly. She also requested that a more detailed cross section of the mitigation area be submitted to the Commission prior to the start of construction. Betsy Horne suggested that the Commission close the Public Hearing at this meeting and issue an Order of Conditions at the Meeting on July 14, 1994 . Motion made by Abby Burns to close the Public Hearing, seconded by Fred Harney and approved unanimously. The Commission will issue an Order of Conditions with Special • Conditions at the July 14, 1994 meeting. CONTINUATION OF A PUBLIC HEARING - NOTICE OF INTENT - CITY OF SALEM TRANSFER STATION - MIKE COLLINS Mike Collins addressed the Commission and reported that a site visit was held on June 13 , 1994. He reviewed the plan with the Commission to close the area where yard waste has been stored. He explained that they plan to bring the area to grade with a back hoe, and build terraces to reach the toe of the slope. He also noted that the terrace could be porous and they would loom and seed it. Fred Harney asked what the time frame for the closure would be. Mike Collins stated that they want to do it as soon as possible . Abby Burns asked if a new site had been found . . Mike Collins replied that they have not found a new site, and that a private contractor is now doing the collecting and disposing of the yard waste. Betsy Horne asked if the concerns of Hutchinson Medical have been addressed. Mike Collins stated that they plan to plant ground cover trees for screening. Abby Burns suggested that • they could use crown vetch which would probably be cheaper and more attractive. There being no further comments concerning this matter , a motion was made by Abby Burns to close the Public Hearing, • seconded by Fred Harney and approved unanimously. The Commission will issue an Order of Conditions with Special Conditions at the meeting of July 14 , 1994. OLD / NEW BUSINESS Betsy Horne reported that she attended' a meeting with City Councillors and representatives from other city boards to discuss the possibility of an ordinance which would allow the ticketing of offenders . She noted that the Mayors task force will be looking at this at their next meeting. She also noted that this could produce some revenues , but also noted that there needs to be a fallback to enforce the tickets. 2 Debbie Hurlburt reported that she received a letter form Gay Moore, Manager of Winter Island, informing the Commission that an area of rip rap that was done near the pier did not stabilize and he needs to put more rip rap in. She noted that the Order of Conditions that was issued was still in effect. Betsy Horne stated that there should be no problem as long as they follow the Order of Conditions . Debbie Hurlburt reported that the Mayors office is looking for a schedule of when to open and close the Forest River • Tidal Gates . Abby Burns noted that the Commission does not approve of the open and closing of the gates and that it may not be legal . Debbie Hurlburt noted that the tidal schedule in the Salem Evening News is pretty accurate. There being no further business to come before the Commission at this meeting a motion was made by Fred Harney to adjourn the meeting, seconded by Bob Crowley and approved unanimously. The meeting was adjourned at 9:00 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CC062394 • ;0. 0014, Conservation Commission r' G Salem. Massachusetts 01470 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, July 14 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. --�34 a�/or5'--�" Betsy Horne Chair TENTATIVE AGENDA: 1 . Continuation of a Public Hearing for a Notice of Intent - Calumet Street - Gulf of Maine Research Center , Inc . 'QSJILGt htG�S 2 . Old/New Business • - Salem High School - Salem Transfer Statics p�P - Clark Street - Walter Abraham - Fafard DEP File Nos . 64-152 , __6.-4,n-153 & 64-178 3 . Approval of Minutes �xr..1AJ M I l-W Pu"-e ,S�a(�� EX\DH\CC071494 D&UL IV; � C;� C S� • SALEM CONSERVATION COMMISSION MINUTES OF MEETING JULY 14, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, July 14, 1994 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Fred Harney, Michael Nalipinski, Chris Kent, and Bob Crowley. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC HEARING FOR A NOTICE OF INTENT - CALUMET STREET - GULF OF MAINE RESEARCH.CENTER INC._ Dr. Hugh Mulligan and Joe Aorzel of Gulf of Maine Research Center Inc. addressed the Commission and noted that when they last met with the Salem Planning Board, the board requested additional information regarding the contours, and how the detention basin would work. He noted that the engineer requires additional time to get that information, o-nd presented a letter requesting that the Public Hearing be �— continued to September. • Betsy Horne noted that since there were so many interested neighbors at this meeting, the Commission would review some information and questions from the audience, and continue the Public Hearing to September, when the requested information would be available. Z Betsy Horne noted that the Commission held a site visit-6 tai* and at that time there were some questions regarding the wetland replication. She requested that they provide the Commission with a cross section of the resource area and the locations of the replication areas. She also noted that the two members of the Commission who were unable to attend the site visit, were out to the site today.. Michael Nalipinski asked to have the drain pipe explained. Dr. Mulligan stated that the drain pipe would drain into Marlboro Road. Mr. Nalipinski asked if there was an easement. Dr. Mulligan stated that he was not sure, but noted that if there was an easement the engineers would factor that in to the plans, such as what will happen to the water when it leaves the site. • Fred Harney noted that he# felt that the pipe flows into the �— resource area. Betsy Horne also noted that she saw a lot of brush against the pipe. • Michael Nalipinski stated that he felt that the source of the wetland was from sheet flow from up gradient. Dr. Mulligan stated that he felt that there is a whole series of piles of dirt that caused the emp(Vndment and that if they were not there, there would not be a wetland. He also noted that wetland B has no stream or pond that borders it, and is not considered a protected wetland. Betsy Horne opened the meeting up for public comment at this time. Marty Burke of 40 Calumet Street addressed the Commission and stated that the owner of the property Mr. Hewitt, went —� into the area with a tractor a few years ago and got stuck in there and had to be`towed out. He stressed that the area gets very wet and marshy. He also noted that gets water in his garage. He also asked how they could be allowed to build on a wetland. Betsy Horne explained that the regulations allow certain types of construction and the Commission oversees that. Delores Otera of 6 Dundee Street addressed the Commission • and showed them pictures of her lawn when it is flooded. She noted that she has been there for 30 years and that on one occasion a truck san�behind 10 Dundee St �� Carl Millea of 12 Dundee Street addressed the Commission and stated that he is concerned that they will have to put a trench under the street. Paul Adario of 10 Dundee Street addressed the Commission and stated that there is a big insect problem there already, and stated that he felt that no matter what is done it will create more insects. He stated that he is opposed to the project. Michael Nalipinski asked what the plans called for regarding the maintenance of the detention basin. Dr. Mulligan stated that there will be an outlet from the detention basin that will only function during heavy rain. He also stated that there would be an energy dissipator to generate a velocity that will not create erosion. He also noted that it would be cleaned annually. Dr. Mulligan noted that they would have more information at the next meeting. • ;y Betsy Horne asked if the City Engineer would see the plan by • the next meeting. Dr. Mulligan will see that he does. Ron Savageau of 38 Calumet Street addressed the Commission and stated that he is concerned about the children in the neighborhood. He noted that there is a playground at the Witchcraft Heights School. He also noted that the lowland Bellview Ave creates a pond that stays wet for about 10 �— months of the year. He also stated that the soil in the area is like a sponge and absorbs water. David Hart of 104 Federal Street, Salem, and a member of the Salem Planning Board, addressed the Commission and stated that the Planning Board is concerned that the people on Dundee Street experience flooding in the spring, and that the engineer stated that they would redirect the flow. He 6uked that they provide percentages regarding what the runoff would be from that. David Winter of 14 Rockdale Street addressed the Commission and stated that there is a pond behind 18 Rockdale from September to May or June. • There being no further questions or comments regarding this matter, a motion was made by Michael Nalipinski to continue the Public Hearing to September 8, 1994, seconded by Fred Harney and approved unanimously. OLD/NEW BUSINESS Salem High School Soccer Fields - Order of Conditions The Commission reviewed a draft Order of Conditions for the soccer fields at Salem High School. Debbie Hurlburt noted that they have not received a file number for the project Vf r DEP, because things were missing in the submission. e noted that a revised plan has been sen–Cand they expect a number shortly. She suggested that the Commission could issue the Order of Conditions, pending the approval of all other permits. Motion made by Fred Harney to issue an Order of Conditions for the Salem High School Soccer Fields, seconded by Bob Crowley and approved unanimously. , City of Salem Transfer Station - Order of Conditions The Commission reviewed a draft Order of Conditions for the • Transfer Station. Betsy Horne noted that she had contacted Mr. Mchuliffao see if he had any questions or problems with the plan. She noted that he was happy with the plan. There being no further comments on this matter, a motion was made by Fred Harney to issue an Order of Conditions for the Salem Transfer Station, seconded by Michael Nalipinski and approved unanimously. Mike Collins addressed the Commission and stated that there is a drain line behind Michaud Bus that the City needs to clean the swale on and possibly dig a trench and extend the pipe. Betsy Horne stated that she thought the Commission should visit the site. Marblehead Pumping Station Betsy Horne stated that she had written a letter to Dana Snow noting concerns about the project. She stated that he faxed a response to the letter today. She asked that Mayor Levesque get a copy of the letter. She also noted that • Mr. Snow indicated that they are having vandalism problems at the site, and that they would like to remove some additional foliage to make the site more visible from the street. They will be coming to the Commission with a plan in the near future. There being no further business to come before the Commission at this meeting, a motion was made by Fred Harney to adjourn the meeting, seconded by Mike Nalipinski and approved unanimously. The meeting was adjourned at 9:20 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CC071494 CITY OF SALEM CONSERVATION COMMISSION The Salem Conservation Commission will hear a Request for a Determination of Applicability, under the Wetlands Protection Act,MGL,Chapter 131,Section 40,at the request of Kevin Dube.The proposed activity, located at 64 Dearborn Street consists of the construction of a retaining wall above the high water mark. The Request will be heard on Thursday,July 28,1994 at 7:00 p.m.,One Salem Green, Second Floor Conference Room. BETSY HORNE, Chair July 21, 1994 SN26898 CITY OF SALEM CONSERVATION COMMISSION The Salem Conservation Commission will hear a Request for a Determination of Applicability, under the Wetlands Protection Act,MGL,Chapter 131,Section 40,at the request of Resna Industries, Inc. The proposed activity,located at 38 Swamp- scott Road involves site assessment activities, including soil borings and possible groundwater monitoring with installations within a Buffer Zone. The Request will.be heard on Thursday,July 28, 1994 at 7:00 p.m.,One Salem Green,Second Floor Conference Room. BETSY HORNE, Chair July 21, 1994 SN26897 r �W z Cons .i r atim <J1J11111 issim Salem. Massachusetts 01970 W •'f!, �� ' 4A SS NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, July 28, 1994 at 7 : 00 P.M. in the second floor conference room at One Salem Green. BetsyHorne Chair TENTATIVE AGENDA: 1 . Determination of Applicability - Mr . Dube - 64 Dearborn Street • 2 . Determination of Applicability - 316 Swampscott Road 3 . Old/New Business 4 . Approval of Minutes r Olt m -( R& - �� 22S Qom, r aA�LG SCQ ,P-cx� a Cop SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, JULY 28, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, July 28, 1994 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Bob Crowley, Fred Harney, Chris Kent and Brad Chase. Also present were Assistant City Planner Beth Debski, Eileen Sacco, Clerk. DETERMINATION OF APPLICABILITY - 64 DEARBORN STREET - MR. DUBE Mr. Dube of 64 Dearborn Street addressed the Commission and requested a Determination of Applicability for his plans to rebuild the existing wall around the perimeter of his property. He noted that he plans to replace 225 linear feeU with landscape timbers. Beth Debski noted that Clerk of the Works Will Beaulieu has • been to the site and she showed the Commission pictures that he took. Fred Harney noted that the area needs to be cleaned up. Betsy Horne asked when they plan to do the work. Mr. Dube stated that they need to do the work at low tide so that he can be four (4) feet below where he needs to do the work. Betsy Horne asked the Commission for suggestions for special conditions for the project. Fred Harney asked that the area be clean up before the work / takes place. Bob Crowley suggested that the majority of the bushes and shrubbery should remain. Fred Harney suggested that the language in the conditions should state#that the construction of the wall will be strictly landscape timber of 225 linear feet, and no work shall be done in the water. Bob Crowley asked where they plan to store the materials for • the project. Mr. Dube stated that he will store them on his property away from the buffer zone. Betsy Horne suggested that any work not completed by December 1, 1994 shall be secured so as not to erode during • the winter. There being no further comments or questions regarding this matter, a motion was made by Fred Harney for a Negative Determination with special conditions for 64 Dearborn Street, seconded by Bob Crowley and approved unanimously. DETERMINATION OF APPLICABILITY - 34 SWAMPSCOTT ROAD — S*q " ac` Larry Nesbitt of Resna Industries addressed the Commission to request a determination of applicability for property located at 34 Swampscott Road. He stated that they plan to do a site assessment on the property which would require soil borings that would be within 100 feet of the pond behind the property. He also noted that they would would be doing some borings in the parking area of the st oage facility. Mr. Nesbitt also noted that the plan shows previous borings that were done, and the proposed borings. Beth Debski noted that the Will Beaulieu went to the site and saw the borings but he does not know how old they are. �— • Betsy Horne asked if the site has been targeted by DEP as a 21E site. Mr. Nesbitt replied no, but noted that the si has a history of questionable material on it. He also sed that the topo map suggests that the area has been filled Betsy Horne expressed her concern that the pond may have expanded over the years and noted that she wanted make sure that they do not place borings near the pond. The Commission discussed possible special conditions for the project. Betsy Horne suggested that no work should be done in the resource area. She also requested that the Commission be given a copy of the report. There being no further comments concerning this matter, a motion was made by Bob Crowley for a Negative Determination with five (5) special conditions for 34 Swampscott Road, seconded by Chris Kent and approved unanimously. OLD/NEW BUSINESS • i' Tri-City Sales • Fred Harney recused himself from discussion of this matter. Atty. John Serafini and Hugh Mulligan of Gulf of Maine Research Center Inc. addressed the Commission to requested an extension of an Order of Conditions for Tri City Sales. Atty. Serafini explained Mr. Cohen filed the Notice of Intent to expand his business, but the recession etc. caused the project to be put on hold. He stated that they are ready to go forward with the plans, and when they are complete the flooding should stop. He noted that they filed the request for the extension in January but because of questions concerning a drainage pipe the Commission has been granting limited extensions. Betsy Horne suggested that they hav-separate d nage portions of the plan to take care of the drainage before�t next spring. C. fit�l�L \"" P✓� L° 4 Beth Debski noted that the plan needs to go before the - Planning Board for Site Plan Review, so that the drainage concerns could be addressed at that time. • Betsy Horne suggested that Mr. Cohen send a letter to the Commission stating that he will complete the drainage portion of the project by spring. Motion made by Chris Kent to extend the Order of Conditions for Tri City Sales for a period of two (2) years, with the prov at the drainage be connected by next spring, seconded by Bob Crowley and approved unanimously. Requests for Extension of Order of Conditions Atty. John Serafini addressed the Commission and requested 2 year extensions for 3 separate Orders of Conditions. He noted that the sites are on Traders Way and 2 locations on Swampscott Road. (Order of Conditions #s 64-152, 64-153, and 64-178) Atty. Serafini noted that the sites on Swampscott Road are listed on the state 21 E list and that Mr. Fafard has hired engineers to evaluate the report issued and they should alleviate any concerns about the site. • Motion made by Fred Harney to approve the 2 year extensions for the Order of Conditions for First Street and Traders Way and 2 parcels on Swampscott Road, seconded by Chris Kent and approved unanimously. • Enforcement Order for Salem High School Betsy Horne stated that the Commission needs to vote to lift the enforcement order at Salem High School, so that the work can be done to correct the problems that are there. Motion made by Fred Harney to lift the enforcement order for Salem High School, seconded by Chris Kent and approved unanimously. Stop & Shop Betsy Horne requested that the Planning Department request a copy of the Order of Conditions issued by the Peabody -- Conservation Commission for the Commission to review. She P also stated that she would like to review the Order issued by f" forproje t Marblehead Water & Sewer Commission Pumping Station Betsy Horne stated that she wrote a letter to Dana Snow regarding some concerns that former Mayor Jean Levesque has • regarding the project. She noted that they have been having problems with vandalism and that they plan to come before the Commission to request the removal of some foliage to make the building more visible from the street. She also noted that they incorrectly installed a pipe which has resulted in the creation of a pond. She stated that they have agreed to re-install the pipe Gt7 tI_CJaltim%, Master Plan Committee Betsy Horne reported that the next meeting of the Master Plan Committee will be held on Tuesday, August 16 from 7-9 p.m. at Middle School West. She noted that Abby Burns will be unable to attend that meeting and has asked that another member of the Commission attend the meeting. Chris Kent volunteered to go to the meeting. 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 Chris Kent and approved unanimously. • t The meeting was adjourned at 9:00 p.m. • RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CC072894 • • VT CITY OF SALEM CONSERVATION COMMISSION Will hold a Public Hearing for a Notice of Intent under the Massachusetts Wetlands Protection Act, Massachusetts General Laws,Chapter 131,Section 40,at the request of the Department of Fisheries, Wildlife&Environmental Law.The applicant pro- poses to construct a new 48 foot wide concrete boat ramp to provide public access to Common- wealth Waterways via Salem Harbor at Winter Island Park, Winter Island Road, Map 43, Lot 1. The hearing will be held on Thursday,September 8,1994 at 7:00 p.m.,One Salem Green,Second Floor Conference Room. BETSY HORNE, Chair September 1, 1994 SN31395 CITY OF SALEM CONSERVATION COMMISSION Will hold a Public Hearing for a Notice of Intent under the Massachusetts Wetlands Protection Act, Massachusetts General Laws,Chapter 131,Section 40,at the request of the City of Salem.The appli- cant proposes the removal of existing storm sewer connections to the sanitary sewer,and installation of new sections of storm drain to allow discharge to an existing storm drain outlet at Collins Street, East Collins/Planters Street and Lawrence Street. The hearing will be held on Thursday,September 8,1994 at 7:00 p.m.,One Salem Green,Second Floor Conference Room. BETSY HORNE, Chair September 1, 1994 - SN31394 `.�%ON Cp�� z Conservati 11 Commissim Salem. Massachusetts 01970 •��'11ASSNr�� NO`T'ICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, September 8 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Betsy Horne Chair TENTATIVE AGENDA: 1 . Public Hearing - Notice of Intent - Fisheries and Wildlife Winter Island Park 2 . Public Hearing - Notice of Intent - City of Salem - Collins Street , East Collins/Planters Street & Lawrence Street • 3 . Continuation of a Public Hearing - Calumet Street Attorney Jack Keilty 4 . Certificate of Compiiance - DEP File #64-159 John & Frank Bertini - 284 Canal Street 5 . Old/New Business -Chapter 91 Amnesty License - 9 Winter Island Road -1 Brook Street 6 . Approval of Minutes �0Cc G � L� tjl�� - i L Ira L WW cL, S 6" A66Ld , &uC EX\DH\CC0908 4 c�( Cq • • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, SEPTEMBER 8, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, September 8, 1994 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Abby Burns, Fred Harney, Brad Chase, Chris Kent, and Bob Crowley. Also present were Conservation Administrator Debbie Hurlburt, and Eileen Sacco, Clerk. PUBLIC HEARING - NOTICE OF INTENT - WINTER ISLAND John Balogna of Coastal Engineering addressed the Commission and the explained the proposal to replace an existing boat ramp at Winter Island Road. He explained that the plans submitted indicate that the ramp would be 48 feet long, and they have since changed the plans to have a pair of floats and a 40 foot ramp. He noted that he has met with the 4arbor ster and Gary Moore and they agree with the plans. He a so noted that the ramp is designed to be long enough for deep water access. • Betsy Horne asked how large the boats would be. Mr. Bologna stated that it could accommodate boats 30-40 feet. Mr. Bologna noted that they have identified the land under the ocean, the coastal bank, and the buffer-,zone on the plan. He also stated that a siltation boo ould be �r installed to make sure that foreign materials do not get into the water. He also noted that existing rock ledge needs to be removed in some areas . Bob Crowley noted that he felt that the project would be a great improvement bs�what is there now. ouv- Chris Kent agreed noting that he uses the ramp that is there now and .a{Lthat improved public access to •the harbor I'S needed. Betsy Horne opened the meeting up to comments from those present. Dr. Brendan Walsh, a trustee for the Plummer Home for Boys addressed the Commission, and stated that he was attending the meeting since they got a notice as an abutter . He noted that he thought that the project was good . Dr . Walsh asked if there would be an increase in traffic on • Winter Island Road as the result of the new ramps . Mr. Bologna stated that they have not done any studies on that , but noted that any heavy construction vehicles would be brought in at the beginning of construction and • left on site until completion of the project. City Planner Bill Luster addressed the Commission and stated that the city has been requested several times to replace the ramps ' --- `_�_ e� He also noted that the new ramps would improve access to the harbor and would be a plus for the tourism in Salem and the plans to accent the waterfront. He also stated that he would like to move forward with this project as soon as possible and would like to see the project permitted quickly. There being no further comments or discussion on the matter, a motion was made by Bob Crowley to close the public hearing, seconded by Abby Burns and approved unanimously. Motion made by Abby Burns to approve the Notice of Intent for Winter Island, seconded by Chris Kent and approved unanimously. The Commission discussed special conditions for the project. Motion made by Abby Burns to approve 11 special conditons for the project , seconded by Fred Harney and approved unanimously. CONTINUATION OF A PUBLIC HEARING - CALUMET STREET • Dr. Hugh Mulligan addressed the Commission and requested an extension of the Public Hearing, due to the fact that Atty. Keilty was unable to attend the meeting this evening. Motion made by Abby Burns to continue the Public Hearing for Calumet Street to September 22, 1994, seconded by Chris Kent and approved unanimously . Dr. Mulligan gave the Commission a written extension. PUBLIC HEARIMG - NOTICE OF INTENT - CITY OF SALEM STORM DRAIN SYSTEM CORRECTIONS Joe .Nerblon of LEA group addressed the Commission and presented the plans for the proposed corrections-to the storm drains in the areas that are in the jurisdiction of the Conservation Commission. He explained the locations that this plan covers . He noted that the storm drain on Lawrence Street would be connected to a box culvert . He alio noted that the storm drain on Arbella Street would be JJ connected to a new pipe , and the existing drain outfall would discharge at the head wall . He also explained that the storm drain on Riverway Road would be connected to two catch basins . He also noted that the storm drains on Planters Street and East Collins Street • would be connected to two catch basins and they would be redirecting the discharge. Abby Burns asked if there were more sites in the city that • would be in the project. Mr. Nerblon stated that there are a number of storm drains being corrected, but these locations are./under the jurisdiction of the Commission. NDS Bob Crowley asked if they had any information on the potential increase of pollutants from the street runoff. Mr. Nerblon stated that there would be a minor amount added to what is there now. Betsy Horne openAthe Hearing up to Public Comment. Jolene Ayers of 31 Osgood Street addressed the Commission and asked if they would be digging up the street for this project. Mr. Nerblon stated that they would be digging up the street, but the impact on the residents would be minimal . He also stated that they would be repaving the street at the end of the project. Betsy Horne asked where they would be taking the material that they remove. Mr. Nerblon stated that any material removed from the sites would be taken to a landfill . There being no further comments or questions concerning this matter, a motion was made by Abby Burns to close the public hearing, seconded by Fred Harney and approved unanimously. • Motion made by Bob Crowley to issue an Order of Condtions for the City of Salem Storm drain corrections, seconded by Abby Burns and approved unanimously. The Commission discussed special conditions for the project. Motion made by Abby Burns to approve 12 special conditions, seconded by Bob Crowley and approved unanimously. OLD / NEW BUSINESS Certificate of Compliance - Bertini ' s Debbie Hurlburt addressed the Commission and presented a letter from Attorney John Serafini Sr. , requesting a Certificate of Compliance for the Bertini Property. She noted that she also has a memo from Will Beaulieu, Clerk of the Works for the Planning Department, stating that the work is complete and the project is in compliance. Motion made by Abby Burns to issue a Certificate of Compliance to Mr. John Bertini , seconded by Chris Kent and approved unanimously. • Extension of Order of Conditions - Salem/Beverly Bridge • Debbie Hurlburt addressed the Commission and stated that she has received a letter from the Massachusetts Highway Department, requesting that the Order of Conditions issued for the Salem / Beverly Bridge project be extended for a period of three years . Motion made by Abby Burns to approve the Extension of the Order of Conditions for the Salem/Beverly Bridge, for a period of three years, seconded by Chris Kent and approved unanimously. 9 Winter Island Road Debbie Hurlburt reported that she received a Chapter 91 License for 9 Winter Island Road. She will write a letter to DEP regarding the matter. 1 Brook Street Debbie Hurlburt reported that she received a letter from Atty. James Flemming, stating that there is work taking place in the buffer zone at 1 Brook Street. Debbie noted that she called the owner Maryanne DeLisio, and that she confirmed that she had cut a small area of vegetation for • surveying purposes and that she does not intend to do any more work in that area. Betsy Horne noted that as long a5 no �- further activity takes place, no further action by the Commission is necessary. Swampscott Road Farm Debbie Hurlburt reported that it has been determined that the farm on Swampscott Road needs to be torn down, and that there is lead paint and asbestos present on the property. Bob Crowley stated that he wondered if te=be AJA- property has any historic significance. Debbie Hurlburt will check on that with�Jane Guy. S�'vrL � � �� Ck-e,�c SCL LI-w There being no further business to come before the Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting , seconded by Bob Crowley, and approved unanimously. The meeting was adjourned at 9 :00 P.M. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK • CC090894 CITY OF SALEM CONSERVATION COMMISSION The.Salem Conservation Commissionll hear a Request for a Determination of Applicability, under the Wetlands Protection Act, Mass. G.L. Chapter 131,Section 40,at the request ofBardon- Trimount,Lynn Sand&Stone.The proposed work, located at the Town of Swampscott line to the rail- road bridge that crosses over to Durkee's Corner and Essex Street consists of maintaining the shoul- der of the roadway and correcting the grade within a Buffer Zone.The Request will be heard on Thurs- day, September 22, 1994 at 7:00 p.m.,One Salem Green, second floor conference BETSY HORNE, Chair September 15, 1994 SN53604 CITY OF SALEM CONSERVATION COMMISSION The Salem Conservation Commission will hear a Request for a Determination of Applicability, under the Wetlands Protection Act, Mass. G.L. Chapter 131, Section 40, at the request of New England Power Company. The proposed work, located at Salem Harbor Station,23 Fort Avenue, consists of the installation of approximately 800 feet of underground electrical duct bank, with 3 manholes and 2 above ground electrical equipment ! enclosures within a Buffer Zone.The Request will be heard on Thursday,September 22,1994 at 7:00 p.m., One Salem Green, second floor conference room. BETSY HORNE, Chair September 15', 1994 SN53584 ti n `.�µ)N Cptf �i Coonservatim Commission Salem. Massachusetts 01970 W • �t'yASSl�r��y NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meetiny on Thursday, September 22, 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. 7� Betsy Horne Chair TENTATIVE AGENDA: 1 . Public Hearing - Request for a Determination of Applicability • New England Power Company 2 . Public Hearing Request fora Determination of Applicability Lynn Sand & Stone 3 . Continuation of a Public Hearing - Calumet Street Hugh Mulligan - Gulf of Maine Research Center 4 . Old/New Business 5 . Approval of Minutes EX\DH\CC092294 1 CC • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, SEPTEMBER 22, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, September 22, 1994 at 7 :00 P.M. , in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Michael Nalipinski , Abby Burns, Chris Kent, Bob Crowley, Fred Harney, and Brad Chase. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. PUBLIC HEARING - REQUEST FOR DETERMINATION - NEW ENGLAND POWER COMPANY Ernest Greer the project engineer representing New England Power Company, addressed the Commission and presented plans for the installation of 800 feet of underground electrical equipment enclosures . Mr. Greer noted that they will be excavating along the street and the work will be performed 10-30 feet from the embankment, parallel to the wharf. Fred Harney asked what material would be excavated. Mr. Greer stated that they will be excavating gravel but • they are not sure what else they will find there. He noted that they may find coal. There being no further comments or questions regarding this matter, a motion was made by Abby Burns for a negative determination, seconded by Michael Nalipinski and approved unanimously. The Commission discussed special conditions for the project. Fred Harney suggested that a conditon be included stating that all concrete trucks shall be cleaned outside of the buffer zone. Motion made by Abby Burns approve one special condition, seconded by Fred Harney and approved unanimously. PUBLIC HEARING - REQUEST FOR DETERMINATION - LYNN SAND AND STONE Marty McKenna , Superintendent of the quarry for Lynn Sand and Stone addressed the Commission and presented plans for work that is proposed for the regrading of the roadway shoulder on Swampscott Road . Mr. McKenna showed the Commission an aerial photograph of • the area and pointed out the area where the regrading will take place. He noted that 2-3 feet of sand and gravel will be removed from the shoulder near the guard rail . He also explained that the road will be shut down for 6-8 hours • while the work is taking place. Mike Collins of the City Engineering Department addressed the Commission and noted that most of the sand that Mr. McKenna is referring to is road sand from the winter. Mr. McKenna also noted that they plan to pave the road from the Swampscott line to the leaf dump. Betsy Horne requested that adequate public notice be given to the public regarding the closing of the road for tthe oo dwork to be performed. Mr. McKenna noted that they plan the work on a Saturday, so as to have the least disruption to the traffic. Fred Harney stated that he felt that the work would make a big improvement. Betsy Horne opened the meeting up for public comment . Marty Burke addressed the Commission and askedif the railroad tracks would be included in this profe Mr. McKenna stated that they plan to address the railroad tracks at a later date. There being no further comments or questions at this time a • motion made by Abby Burns to close the public hearing, seconded by Michael Nalipinski and approved unanimously. Motion made by Bob Crowley to issue a negative determination for Lynn Sand and Stone, seconded by Michael Nalipinski , and approved unanimously. The Commission discussed special conditions for�he project. Betsy Horne suggested that they coordinate the project with Mike Collins, and requested that signage be placed on both ends of the street at least a week in advance of the date of the proposed work. She also requested that Lynn Sand and Stone publish a notice prominently in the Salem Evening News . Mr. McKenna stated that there would be no problem. Motion made by Abby Burns to approve the 3 special conditions, seconded by Chris Kent and approved unanimously. CONTINUATION OF A PUBLIC HEARING - CALUMET STREET - ATTY. KEILTY Clay Morton of Eastern Land Survey addressed the Commission and noted that at the last meeting regarding this proposal several questions were raised concerning the drainage • system. He noted that the green line on the plan shows the ater shed area to the detention basin. He also noted that they have amended the plan to show the installation of a Swale. Fred Harney asked if they plan to fence in the detention basin. Mr. Morton stated that normally they do not fence in detention basins, but they would consider it. Chris Kent asked if they plan to blast. Mr. Morton stated that they I need to blast for the detention basin and that the state has regulations for blasting which must be followed. (e}h ? Bob Crowley questioned if a 10 inch pipe would be adequate enough to handle the 100 year storm. Mr. Morton noted that the impact would not be any greater than what is there now. Betsy Horne asked if the permeability of the driveway was figured into the drainage calculations . Mr. Morton stated that they were. Michael Nalipinski asked if the houses indicated on the plan Qlto-- the size that would be built . Mr. Morton stated that there would be changes when the houses are placed. Fred Harney stated that he would like to see some assurance from the city that they will maintain the swale upon completion of the project. Betsy Horne read a letter from City Engineer Charles Quigley dated August 29, 1994 regarding the project and there is no indication in that letter that the City will maintain the swale. Betsy Horne suggested that the Commission should have another site visit to the site. 1 6ajw.^ W . Paul Adario an abutter questioned ,W the pAtTd is so large, noting that there should be an easier way to catch the water. He also noted that he is concerned about the insect problem that already exists in the summer months, and he is also very concerned for the safety of his children. Marty Burke addressed the Commission and stated that he has not heard anything about the effect that the detention basin would have on the groundwater. Betsy Horne asked that they provide more information on the groundwater. Gail MacGregor expressed her concern about the water that comes across her property, noting that there is no drain on Belleview. Betsy Horne suggested that the Commission have a site visit on Saturday October 1 , 1994 at 8 :00 a.m. She also suggested that the Planning Board be invited to attend the site visit . Motion made by Chris Kent to continue the Public Hearing for • Calumet Street, until October 13 , 1994, 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 Chris Kent and approved unanimously. The meeting was adjourned at 8 :45 p.m. RESPECTFULLY SUBMITTED BY; EILEEN M. SACCO, CLERK CC092294 • CITY OF SALEM urF CONSERVATION COMMISSION NOTICE OF PUBLIC HEARING "t On Thursday, October 27, 1994 at 7:00 p.m., the Salem Conservation Com^.b mission will hold a public hearing under the Wetlands Protection Act,M.G.L.y 4 Chapter 131, Section 40, at the request of the Massachusetts Department of Public Works to amend the Order of Conditions for the Salem/Beverly Trans- portation Project.Amendment shall provide for the replication of the proposed j salt marsh to a mud Flat within the North River Canal. The hearing will be held at One Salem Green, Second Floor Coherence Room. BETSY BORNE, Chaicl October 20, 1994 SN53736:i i 6�uu c�4 Salem. Massachusetts 01970 5 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, October 27 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Betsy Horne Chair TENTATIVE AGENDA: 1 . Discussion regarding amendment to the Order of Conditions for the Beverly/Salem Bridge project - Bob Joseph 2 . Old/New Business 3 . Approval of Minutes Ate, Smo G ewe SALEM CONSERVATION COMMISSION • MINUTES OF MEETING OCTOBER 27, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, October 27, 1994 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Abby Bums, Brad Chase, Bob Crowley, Chris Kent, and Fred Harney. Also present were Staff Advisor Debbie Hurlburt and Eileen Sacco, Clerk. PUBLIC HEARING - AMEND ORDER OF CONDIIIONS FOR SALEM/BEVERLY BRID Bob Joseph of Edwards and Kelsey addressed the Commission and explained the changes to the plans for the Salem/Beverly Bridge, and requested an amendment to the language of the Order of Conditions issued by the Commission. He explained that at one time the salt marsh was to be taken but since the changes have been made to the bypass road, that is no longer necessary. He also noted that they plan to create a park near the canal instead of the salt marsh replication. Betsy Horne asked if any attempt had been made to deal with the non functioning tidal gates. Mr. Joseph stated that they decided not to repair the tidal gates since they have not been used in over 20 years. Betsy Horne noted that she was concerned that something may be impeding the flow of water. Mr. Joseph noted that from time to time there may be a build up of debris. Mr. Joseph also noted that a design public hearing is scheduled for December. Abby Burns asked to have the area where the park would be identified. Mr. Joseph explained the proposed location. Betsy Horne reviewed the language in the Order of Conditions, and the • proposed changes item by item. Brad Chase asked if the public would be able to canoe or kayak in the canal. • Bob Crowely noted that he has been in those flats and they are deep and dangerous. Mr. Joseph agreed noting that tests have shown that there area is relatively uncontaminated as compared to the other side of the North Street Bridge. Brad Chase also noted that some kind of calculations are needed because this will effect the encroachment of the plants. Mr. Joseph noted that the proposed elevations would be addressed at the design public hearing. Mr. Joseph also noted that Mayor Harrington requested an irrigation system on a list of things that the city would like investigated. He noted that the irrigation system has been included in the proposed design. 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. The Commission discussed the language for the amended Order of Conditions. Motion made by Abby Burns to issue an Amended Order of Conditions for the Salem/Beverly Bridge, seconded by Bob Crowley and approved unanimously. DISCUSSION WITH ATTY. RICHARD T FFORD REGARDIN POSSIBLE GIFT OF LAND TO THE COMMSSION Atty. Richard Stafford addressed the Commission on behalf of his client Gertrude Muise and Arthur Cote. He explained that his clients have a 71 foot lot on Messervy Street that they would like to give to the City. Betsy Horne asked Atty. Stafford how much the property generated in property taxes. Atty. Stafford stated that he did not know, but he would find out for the Commission. The Commission discussed the possibility and decided to refer the matter to the Mayors office for further action. 2 is OLD BUSINESS Master Pl nningCon�ttee Re" Abby Burns reported that she is on the Open Space Subcommittee of the Master Planning Committee, and she would like the members of the Commission to give her some input. She asked them to think about areas that they would like to see remain as open space, and let her know at the next meeting. NEW BUSINESS Betsy Home addressed the Commission and announced that she has submitted her resignation from the Commission to Mayor Harrington. She cited personal reasons for her decision. Her resignation is effective November 10, 1994. 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 CC 102794 3 h v „ a5 ay s k: `kzS wdNo 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 Marblehead Water&Sewer Commission. The proposed work,located at 445 Loring Avenue, consists of the removal of brush and cutting of weeds in front of water pumping station. The Request will be heard on Thursday, October 13, 1994 at 7:00 p.m.,One Salem Green,second floor conference room. Betsy Horne Chair October 6, 1994 SN55134 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 Marblehead Water&Sewer Commission. The Proposed work located at 161 Swampscott Road consists of the removal of an existing dwell- ing,other structures and debris for offsite disposal within aResource Area.The Request will be heard on Thursday, October 13, 1994 at 7:00 p.m., One Salem Green, second floor conference room. Betsy Horne Chair October 6, 1994 SN55131 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 Walter Abraham. The proposed work, located at 18 & 20 Clark Street, consists of the construction of two homes within Buffer Zone. The Request will be heard on Thursday,October 13, 1994 at 7:00 p.m., One Salem Green, second floor conference room. Betsy Horne Chair October 6, 1994 SN55132 CITY OF SALEM CONSERVATION COMMISSION REQUEST FOR DETERNIINATION 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 the Plummer Home for Boys.The pro- posed work,located at 37 Winter Island Road,con- sists of the removal of overgrowth and dead vegetation and trees within a Buffer Zone, The Request will be heard on Thursday, October 13, 1994 at 7:00 p.m.,One Salem Green,second floor conference room. , Betsy Horne Chair October 6, 1994 SN55133 zConservation Commission f Salem. Massachusetts 01970 W 41AtiS Nr�WS NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday , October 13 , 1994 at 7 :00 p.m. in the second floor conference room at One Salem Green. Borne Chair TENTATIVE AGENDA: 1 . Public Hearing - Request for a Determination of Applicability - 18-20 Clark Street - Walter Abraham 2 . Public Hearing - Request for a Determination of Applicability - 37 Winter Island Road - Plummer Home for Boys • 3 . Public Hearing - Request for a Determination of Applicability - 445 Loring Avenue - Marblehead Water & Sewer Commission 4 . Public Hearing - Request for a Determination of Applicability - 161 Swampscott Road - Marblehead Water & Sewer Commission 5 . Review of Correspondence 6 . Approval of Minutes • SALEM CONSERVATION COMMISSION MINUTES OF MEETING OCTOBER 13, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, October 13, 1994 at 7:00 p.m. in the second floor conference room at One Salem ale Green. Those present were: Chairwoman Betsy Home, Michael Nalipinski, Abby Burns, Fred Harney, and Chris Kent. Also present were Staff Advisor Debbie Hurlburt, and Eileen Sacco, Clerk. REQUEST FOR DETERMINATION OF APPLICABIUIY - 18-20 CLARK STREET WALTER ABRAHAM Debbie Hurlburt explained that Mr. Abraham had been before the Commission a number of years ago and received an Order of Conditions for filling in part of his property and to build two dwellings on two lots. She • noted that at the time he did the filling, but did not build the homes. He was issued a partial certificate of completion for filling and he is before the Commission tonight regarding the construction of the two homes. Debbie also noted that she and Will Beaulieu have been out to the site. Michael Nalipinski asked if they need to excavate for the construction of the homes. Debbie Hurlburt noted that the lots have both been filled and they are level lots, and they are not going to be as close to the buffer zone as originally thought. David Carlton of 26 Bames Road addressed the Commission and expressed his concern that water currently runs across the street and across those lots. He stated that he is concerned about where the water will go after the construction of the houses. Mr. Abraham stated that the water will drain the same way that it does now. Debbie also noted that the City of Salem has approached Mr. Abraham to see if they could put a catch basin there and he is • agreeable. Abby Bums suggested that they need to find out how the water drains. Mr. • Abraham stated that the filling is all done and that it drains fine, noting that there is no puddling. Fred Harney noted that they may not be able to build two houses on the lots. He asked if they have received approval from the other Boards. Debbie noted that he needs to go to the Planning Board and the Board of Appeal. Michael Nalipinski asked where the approximate location of the catch basin would be, and noted that it could be a condition that it be installed with the guidance of the City of Salem. Mr. Abraham argued that if the water is draining the same way that it is now after the construction, then the catch basin would be unnecessary. Betsy Home noted that there is an issue of concern here that needs to be addressed. Motion made by Abby Burns to issue a Negative Determination with the condition that a catch basin is installed prior to the initiation of any activity on the property, seconded by Mike Nalipinski and approved unanimously. • Betsy Horne noted that in the event that the City Engineer finds that the catch basin is no necessary, a letter should be sent to the Commission. REQUEST FOR DETERMINATION OF APPI I( ABII TTY - PLUAdMBER HOME FOR BOYS - 37 WINTER ISLAND ROAD John Hayes representing the Plummer Home for Boys, addressed the Commission and explained that they wish to remove over growth and dead vegetation on the property. He explained that the property has become over grown over the last 10-12 years and their intent is to clear the shrub and brush that is there, and any area that is disturbed would be hydro seeded. He also noted that it has overgrown to other properties. Mr. Hayes explained that the storms since 1978 have eroded most of the shoreline, but they would not be touching the turf immediately adjacent to the shoreline, but they are asking permission to cut within 100 feet of the buffer zone. He also noted that they are only going to cut plants that are 6 inches and under in diameter, since it is not good for growth. Abby Burns stated that she feels that the growth will help the erosion. She • also asked if they plan to use any fertilizer. Mr. Hayes stated that they would not be using fertilizer. Betsy Horne asked if they would be using heavy machinery for the project. Mr. Hayes stated that they would be using a chipper. Mr. Hayes noted that New England Power Company sent an Arborist to assist them, and Dick Rennard from the Cemetery Department has been of assistance. Jean Morin addressed the Commission and stated that he is opposed to the use of herbicide, and suggested that shrubs would hold the soil. Mr. Hayes agreed and stated that they would be agreeable to a condition on that. Betsy Horne noted that no heavy equipment should be left in the buffer zone. Mike Nalipinski expressed concern about any brush being removed within 100 feet of the buffer zone. Jean Morin suggested that they should contact Mass Audobon and see if they could plant sea grass there. Betsy Horne suggested that buffering materials within 100 feet of the buffer zone should be left alone or replant the area. Abby Burns suggested that they could remove dead material and prune out a substantial amount, and that would help. The Commission discussed conditions for the proposal. Betsy Horne suggested that they leave the growth within 100 feet of the buffer zone alone or replant it with appropriate indigenous vegetation. Fred Harney suggested that no herbicides or fertilizers be used in the buffer zone. Motion made by Fred Harney to issue a negative determination with 5 special • conditions seconded by Abby Burns and approved unanimously. REQUEST FOR DETERMINATION OF APPI I ITY 445 LORINQ • AVENiJE -MARBLEHEAD WATER AND SEWER COMMISSION Dana Snow of the Marblehead Water and Sewer Commission addressed the Commission and stated that the Pumping Station that they constructed on Loring Avenue is completed and up and running. He noted that during construction and recently they have experienced some security problems, and he describe the damage that has been done on the property. He stated that they have installed security lights and they may install an alarm. Mr. Snow requested that they be allowed to cut the undergrowth in the front of the property to give the property more visibility. He stated that there are 7 to 8 foot reeds out there and it is difficult to see from the street. He also stated that they don't plan to remove any trees. Jean Morin addressed the Commission and stated that he did not think that the measures suggested would help. He noted that the area is under incredible stress. Abby Burns suggested that they could install sensor motion lights. Mr. Snow stated that they are pricing tying into the police station with an alarm. He also stated that the Salem Police have a key and they are supposed to be checking the area 2 or 3 times a day. Abby Burns suggested that they could take the fragmites down and by the time they grow back they should have a better security system in place, noting that if they cut back 3 feet or so they could get the visibility that they need. The Commission discussed special conditions for the project. Betsy Horne suggested that they notify the Commission before any work starts. Abby Burns will talk to Mayor Levesque regarding his request the Oak trees be removed. Motion made by Chris Kent for a negative determination with 4 special conditions, seconded by Abby Burns and approved unanimously. REQUEST FOR DETERMINATION OF APPLICABELITY - 161 • SWAMPSCOTT ROAD - MARBLEHEAD WATER AND SEWER COMMISSION Dana Snow addressed the Commission and explained that they are going to tear down a farm and explained the location of the property. Mike Nalipinski asked if there was any historic significance to the property. Mr. Snow stated that he was not aware of any. Betsy Horne suggested that they fill in the basement if there is any after they tear down the building. She also suggested that they use hay bales and a silt fence. She also noted that they should permanently barricade the driveways. Jean Morin addressed the Commission and asked if the well that is on the property had been considered. Mr. Snow stated that it would be filled as part of the closure since it is no longer used. There being no further comments or questions regarding this matter, a motion was made by Abby Burns for a Negative Determination, with the condition that they install hay bales and a filter fabric fence, seconded by Mike Nalipinski and approved unanimously. REPORT ON THE STATUS OF THE SALEM/BEVERLY BRIDGE Bob Joseph of Edwards and Kelsey addressed the Commission and reported on the status of the construction of the new Salem/Beverly Bridge. Maryanne Magna and Eric Bottoman from the Mass. Highway Department were also in attendance. Mr. Joseph noted that the project has had its share of delays. He explained the delay on the Flint Street portion of the project was caused by the detection of a toxic substance that came from upstream, which was determined to be oil based fishaldahide. Mr. Joseph noted that the biggest problem that they have encountered had to do with the method of construction. He explained that when they attached the hoses to the jetting they found that there were large rocks which were difficult • to get through, and would double the cost of the project if they continued. He stated that they need to mechanically remove them and fill in the area with a • new sandy material. He also noted that they do not expect any other problems. He stated that they would send the revised plan to the Commission when it is approved. Mr. Joseph also informed the Commission that they may be looking for an amendment to the Order of Conditions. He explained that they proposed to replicate with the salt marsh that would grow in the North River. He explained that since they are not taking any salt marsh since the size of the bypass road has been reduced, the replication of the salt marsh is not feasible. He asked the Commission for some direction on the procedure that they would need to follow should they need to amend the Order of Conditions. Betsy Home asked for documentation of the proposed changes, so that the Commission can determine if the matter is less of an impact, and perhaps a public hearing may not be necessary. She asked Debbie Hurlburt to check into the procedure that they should follow, and the Commission can discuss it further at the next meeting. • 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 Abby Burns and approved unanimously. The meeting was adjourned at 9:45 p.m. Respectfully Submitted By: Eileen M. Sacco, Clerk CC101394 CITY OF SALEM CONSERVATION COVMISSION Will hold a Public Hearing for a Notice of Intent under the Massachusetts Wetlands Protection Act, Massachusetts General Laws,Chapter 131,Section 40,at the request of the Peabody Dept.of Public Services.The applicant proposes the construction of a 6 million gallon per day Municipal Water Treat- ment Facility and other water improvements at Coolidge Avenue in Peabody,Assessor's Map#109, Lot 305 on Thursday,November 10, 1994 at 7:00 p.m. in the second floor conference room at One Salem Green. BETSY HORNE, Chair November 3, 1994 SN46659 %oN C If s y. Z C Ori (iommi&im Sulem. Massachusetts 01970 W `. ASSN��y NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, November 10 , 1994 at 7 : 00 p.m. in the second floor conference room at One Salem Green. Betsy Hf me Chair TENTATIVE AGENDA: 1 . Continuation of a Public Hearing for a Notice of Intent - Calumet Street - Gulf of Maine Research Center 2 . Public Hearing - City of Peabody Dept . of Public Works • 3 . Old Business Tri-City Sales Messervey Street mud flat donation 4 . Approval of Minutes April 28, 1994 June 9 , 1994 June 23 , 1994 July 14 , 1994 July 28, 1994 September 8 , 1994 September 22 , 1994 • • SALEM CONSERVATION COMMISSION MINUTES OF MEETING NOVEMBER 10, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, November 10, 1994 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Abby Burns, Bob Crowley, Fred Harney, and Chris Kent. Also present were Staff Advisor Debbie Hurlburt and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC BEARING - CALUMET STREET SUBDIVISION James McDowell of Eastern Land Survey addressed the Commission and noted that since the site visit, they have looked at alternative means of drainage, and have discovered that the drainage system on Marlboro Road did accept some of the water and has the capacity to accommodate the area. • He explained that the proposed new drainage system would be piped down Sutton Street to Marlboro Road. Mr. McDowell also stated that the swale is still and place and noted that the Planning Board would like to see the swale continue to and they agreed to incorporate the extension into the plans. He explained that the swale would continue to the Burke's property line and the water would be go into a pipe which would channel the surface water. He also stated that there will not be a detention basin as previously planned. Betsy Horne read a letter to the Commission from City Engineer Charles Quigley approving the plan. The letter requested that they regrade the property of Adario, Melin, and Hung and provide drainage calculations. Mr. Quigley also requested a site inspection of the drainage during construction and that a report be sent to the Conservation Commission and the Planning Board as well as the Engineering Department. Mr. McDowell stated that prior to construction they would submit revised • plans showing the drainage swale.. 1 • Betsy Horne asked how deep the proposed swale would be. Mr. McDowell stated that it would be 18 inches. Fred Harney asked who would be responsible to maintain the swale. Mr. McDowell stated that they would put an easement on the deed, and that the city would clean the traps and catch basins. Fred Harney aslo asked if the Planning Board would require a bond on the project. Debbie Hurlburt stated that they would require a covenant or a tripartite agreement. She also noted that they would not be able to release any of the lots until all of the lots are completed. Debbie also suggested that the Commission could request that a Commission member be present at the site visit requested by Charles Quigley as well as a Planning Board member. Chris Kent questioned whether the catch basins were in the same locations since the changes have been made. Mr. McDowell stated that there were no changes in the locations of the catch basins. David Winter of 14 Rockdale Avenue addressed the Commission and asked • how long they expected the blasting to last. Mr. McDowell stated that the regrading of lots E and D are specific, and there may be a misconception as to how much blasting will be needed. He estimated that they need to cut 2 or 3 feet and there is some drench blasting which could be between 4 and 6 hundred cubic yards. There being no further questions or comments regarding this matter, a motion was made by Abby Burns to close the Public Hearing and issue an Order of Conditions with Special Conditions, seconded by Fred Harney and approved unanimously. The Commission discussed special conditions for the project. They included boiler plate conditions #'s 1, 2, 3, 4, 5, 6, 8, 9, 14, 15, 16, 17, 18, and 19. The Commission also made it a condition that lot D may be subject to further conditions by the Commission prior to construction. The Commission also made it a condition that a Commission member be • present at the site inspection with the City Engineer and the Clerk of the Works from the Planning Department. 2 • Motion made by Fred Harney to issue and Order of Conditions for the Calumet Street Subdivision with 16 Special Conditions, seconded by Chris Kent and approved unanimously. CITY OF PEABODY DPW RENOVATIONS TO COOLIDGE AVE TREATMENT FACILITY- NOTICE OF INTENT John Meader, Senior Project Engineer with Weston and Sampson Engineering Inc., addressed the Commission and explained the proposed project. He explained the location of Coolidge Avenue and noted that they plan to renovate the building inside and out. He explained that they also plan to excavate the pipe line coming out of Coolidge Ave., and clean the entire length of the pipe. He noted that only a small portion of the project is in Salem. Betsy Horne asked when they plan to start the project. Mr. Meader stated that they plan to start in April or later, and are scheduled to award the contract in March. He also noted that they are under a consent decree to have the treatment facility on-line by June of 1996. Betsy Horne noted that the plans show a siltation fence, but that she would feel better if they installed hay bales. Mr. Meader stated that they would install hay bales if the Commission wishes. There being no further questions or comments regarding the matter, a motion was made by Abby Burns to issue an Order of Conditions to the City of Peabody DPW Treatment Facility, with Special Conditions, seconded by Fred Harney and approved unanimously. The Commission discussed special conditions for the project. The Commission decided to include special conditions #'s 1, 2, 3, 4, 5, 6, 7, 8, 9, 14, 15, 16, 17, and 18. The Commission also conditioned that they shall install staked hay bales prior to construction. Motion made by Abby Burns to approve the Order of Conditions with 14 special conditions, seconded by Fred Harney and approved unanimously. 3 • QLDMW BUSINESS Iri-City Sales Debbie Hurlburt reported that she and Betsy Horne got together and sent a letter to Mr. Cohen requesting information on the status of his project. She noted that they received a letter from Atty. John Serafini Sr. indicating that the work would be done by December 8, 1994. Messervey Street Land Donation Debbie Hurlburt reported that she went to the site on Messervey Street, that the owners have offered as a gift to the Commission. She noted that she found the area to be muddy. Betsy Horne stated that she is concerned about the liability of the City. She also asked how the Commission would like to proceed. She suggested that the Commission could send a letter to the City Council requesting action. Brad Chase asked if the City could take the land to have on the books for • public access. Betsy Horne stated that she felt that the Commission should do some more investigating on the matter. Debbie Hurlburt will get an opinion from the City Solicitor regarding the potential liability of the City. Correspondence Debbie Hurlburt reported that she received a letter from DEP notifying the City that we have a certified Vernal Pool in the Salem Woods. She located the area on the map for the Commission. Certificate of Completion - Sable Heigh Debbie Hurlburt reported that she received a letter from Scott Petrowicz requesting a certificated of completion for Sable Heights. He certified that all work was completed as approved and Will Beaulieu concurs. Motion made by Abby Burns to issue a Certificate of Completion for Sable Heights, seconded Fred Harney and approved unanimously. 4 • Clark Avenue Debbie Hurlburt reported that she received an inquiry from someone interested in buying the Colpitts property on Clark Avenue. She explained that the person indicated that he may like to turn it into a 7 lot subdivision, and that he does not think that the Order of Conditions that the Commission issued is not so stringent that he couldn't do the work. Plummer Home Debbie Hurlburt reported that she and Fred Harney visited the Plummer Home site and found that they have serious erosion problems. She recalled that the Commission issued a Negative Determination with Conditions. She also stated that they need to make some changes to correct the situation and she will work with them. Master Planning Committee Abby Burns reported that there is a meeting of the Master Planning Sub- Committee on Open Space on Tuesday night December 15. She noted that Steve Dibble is the Chairperson of the Committee, and they would like input from the Commission for the plan. The Commission discussed areas that they would like to see addressed. They included: The Waterfront Conservation Areas Thompsons Meadow Rosies Pond - protection Water Front Access Improve access for Boating and Fishing APPROVAL OF MINUTES The following minutes of meetings of the Conservation Commission were presented for approval: June 9, 1994 September 8, 1994 June 23, 1994 September 22, 1994 July 14, 1994 July 28, 1994 5 I Motion made by Abby Burns to approve the minutes of the meetings as amended, seconded by Fred Harney and approved unanimously. ELECTION OF A NEW CHAIRPERSON Nominations were discussed for a new Chairperson for the Conservation Commission, due to the resignation of Betsy Home from the Commission. Abby Burns nominated Fred Harney for Chairperson, seconded by Bob Crowley. Fred Harney nominated Bob Crowley, who declined the nomination. Nominations were closed and the vote was taken, with all members voting from Fred Harney and approved unanimously. Abby Burns expressed the thanks of the Commission to Betsy Home for being their esteemed leader and noted that she will be sorely missed. 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 Chris Kent and approved unanimously. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC 111094 6 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING JANUARY 13, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, January 13, 1994 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairwoman, Betsy Horne, Thomas Walsh, Abby Burns, Christopher Kent and Robert Crowley. Also present was Conservation Administrator, Debbie Hurlburt . NOTICE OF INTENT - DAVID DOYLE - VALLEY STREET - MARK SHERFY - GULF OF MAINE RESEARCH INC. Betsy Horne read the Public Hearing notice as it appeared in the Salem Evening News on January 6, 1994 . Mr . Mark Sherfy of the Gulf of Maine Research Center (GMAC) , Inc. addressed the Commission to explain the proposed project . He explained where the property was located on Valley Street. Mr . Sherfy stated that this property is assessed as a single lot but that the applicant would like to subdivide the property with an • area of 31,000 to 34,000 square feet each. Mr . Sherfy indicated that GMRC has inspected the site and has flagged the area. Mr . Sherfy explained that there are several catch basins in this area which drain into an easement on the property and then into a drainage swale which carry the water to the wetlands. Mr . Sherfy added that this area on the back of the property does not meet the wetlands requirements of a stream. Mr . Sherfy stated that each single family lot will be serviced by municipal water and that fill is required within the, Buffer Zone to give a gradual slope from Valley Street towards the wetlands. Mr . Sherfy stated that there will be a 3-1 slope down to the wetlands through a proposed pipe along the existing swale to allow the storm water drainage to occur . The pipe outlet will be lined with stone rip-rap. Abby Burns asked what the slope would be. Mark Sherfy responded that the slope would be 3-1. Christopher Kent asked what was the relation of this lot to 68 • Valley Street where we have had previous issues. ( 1 ) • Debbie Hurlburt responded that 68 Valley Street is where the Commission has had concerns from Mr . Jack Anderson. This property is located south of 68 Valley Street . Betsy Horne stated that the narrative indicates that the northeast area is a 2-1 slope although Mr . Sherfy indicated that it will be a 3-1 slope. Ms. Horne asked Mr . Sherfy to clarify this issue. Mr . Sherfy responded that he believed that that was a different area and that it is 2-1 all the way around, not 3-1 and that he was mistaken. Betsy Horne asked about the detail in the narrative of the stone energy dissipator and how it was constructed. Mr . Sherfy explained that the purpose for the stone dissipator is to reduce the flow of storm water . Mr . Sherfy also stated that the dissipator needed to be inspected on a periodic basis. Ms . Horne asked for more detail on the dissipator as to what it is, how it is constructed, its purpose, and the maintenance on it . Abby Burns asked how does it dissipate. Mark Sherfy stated that the storm water flows over the top of the stone and dissipates to a slower pace. • Betsy Horne asked what is the change in elevation from Valley Street to the headwall Mr . Sherfy stated that it went from elevation 88 to elevation 72; a 16 foot change in grade. Ms. Horne asked whether it was a vegetated swale now. Mr . Sherfy responded that it was not . The vegetation is a common buckthorne. The swale is expose rock and soil . Bob Crowley stated that it is barren at the catch basin and he wondered if it was from erosion. Mr . Sherfy responded that it did not appear to be a major stream flow from the runoff . Betsy Horne stated that a site visit would be in order . The Commission decided on a site visit for Saturday, January 15, 1994 at 8 : 00 a.m. Ms. Horne asked if there was anyone present at the meeting who wished to speak on this proposal . • ( 2) • Mr . Jack Hinch of 51 Valley Street asked how far is the Buffer Zone from Valley Street . Mark Sherfy responded that it was approximately 75 feet. Mr . Hinch asked whether it will follow the same slope. Mr . Sherfy responded in the affirmative. There being no further questions or comments concerning this proposal, a motion was made by Bob Crowley to continue the Public Hearing to January 27, 1994, seconded by Abby Burns and approved unanimously. REVIEW OF CORRESPONDENCE Debbie Hurlburt read to the Commission a correspondence from the Mass Bays regarding their upcoming meetings . Ms . Hurlburt stated that the Commission has received an Environmental Notification Form for 3-A Winter Island Road. Ms . Hurlburt recommended that she could go out to these sites and photograph the area so that the Commission would not have to make a site visit unless they felt it was necessary. The Commission agreed with that recommendation. • Ms'. Hurlburt read that the new Council Liaison to the Commission is Councillor Mark Blair . Ms. Hurlburt read a letter from Attorney George Atkins from Ronan, Segal and Harrington regarding the commencement of dredging activities at Dion Yacht Club on Glendale Avenue . TRI-CITY SALES - EXTENSION PERMIT DEP FILE #64-154 Attorney Ellen Winkler addressed the Commission regarding her client Tri-City Sales for an Extension Permit on property at 272 Highland Avenue. Attorney Winkler gave Ms. Horne a letter from Attorney John Serafini to read to the Commission. Ms. Horne gave an update to the Commission on this property. Ms. Horne indicated that when the project first came before the Commission it was thought to be an Isolated Land Subject to Flooding ( ILSF) and since this time it has been found out that there is an outlet on the property which would indicate it may not be an ILSF. • ( 3 ) • Attorney Winkler stated that the applicant intends on going back to the original engineer to find out why there was not an indication that there was an outlet there before and that her client needs and extension of time on the Order of Conditions. Ms. Winkler stated that there are some important questions that need to be addressed. Christopher Kent asked whether there was a hydrological connection with the Salem Sign property and this property. Betsy Horne stated that she was not sure. Abby Burns made a motion to extend the Order of Conditions to February 10, 1994, seconded by Thomas Walsh and approved unanimously. FAFARD - EXTENSION PERMIT - FILE # 64-153 Attorney Ellen Winkler addressed the Commission regarding an Extension Permit for DEP File #64-153 for property located at First Street and Traders Way. Attorney Winkler stated that there are three parcels owned by Fafard Companies. The previous parcels on Swampscott Road DEP File #64-152 & #64- were granted Extension Permits March 24, 1994 . Attorney Winkler stated that her client is trying to get back up to • speed with these outstanding parcels due to the bankruptcy. Attorney Winkler stated that Fafard Companies would like all three Order of Conditions on .the same date. This would enable Fafard to come before the Commission on March 24, 1994 to address all three parcels . Thomas Walsh made a motion to extend the Order of Conditions for DEP file # 64-153 to March 24 , 1994, seconded by Bob Crowley and approved unanimously. OLD/NEW BUSINESS Debbie Hurlburt informed the Commission of' a Chapter 91 Waterways Application for GTE/Sylvania will be held at One Salem Green on Thursday, January 20, 1994 at 1 : 00 p.m. Debbie Hurlburt distributed the monthly report of Maryanne Magner of Edwards and Kelsey for the Beverly/Salem Bridge project . BURNHAM BARGE - 14 FRANKLIN STREET Attorney Kevin Daly was present at the meeting for the purpose of discussing pending litigation regarding 14 Franklin Street with the Conservation Commission members. • ( 4) • Chair Betsy Horne asked that a motion be made that the Conservation Commission adjourn to Executive Session to discuss the matter and will reconvene to open session when the discussion is concluded. Motion made by Abby Burns to adjourn to Executive Session and reconvene to open session at the conclusion of the discussion, seconded by Chris Kent and approved unanimously. The members of the Conservation Commission reconvened to Open Session following the Executive Session. OLD/NEW BUSINESS Debbie Hurlburt informed the Commission that New England Power Company (NEPCO) has supplied the Commission with their Yearly Operational Plan (YOP) for 1994 . Ms . Hurlburt also presented a Comment Sheet from the Planning Board regarding a subdivision for Calumet Street. Ms. Hurlburt indicated that this subdivision would be before the Commission due to its proximity to a Resource Area. The Commission asked that the Comment Sheet be sent back to the Planning Board stating that this is within Conservation Commission jurisdiction and will be reviewing the application when submitted to the Commission. Ms . Hurlburt reminded Commission members that there will be an annual MACC meeting held on February 26, 1994 and if anyone was • interested in attending she will sign them up. Debbie Hurlburt read a letter from DEP regarding a complaint for property located at Leggs Hill Road. DEP instructed the Commission to investigate this complaint . Betsy Horne asked Ms. Hurlburt to draft a letter to Mr . Mackey property owner of Leggs Hill Road and enclose the DEP letter requesting his attendance at the meeting of the Commission on January 27 , 1994 . Ms. Horne asked Debbie Hurlburt about the storage facility located at 447 Highland Avenue. Ms'. Hurlburt responded that she has been in contact with Fire Inspector Norman LaPointe and he has indicated that he is still abreast of the situation and will respond to the Commission when the remediation is completed. Betsy Horne stated that she went to the non-point source workshop at Danvers . Betsy Horne questioned where the City is dumping the snow removal. Ms . Horne stated that this issue should be researched to find out where the snow is going and how we can address this issue in the • future. ( 5 ) • 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 Chris Kent and approved unanimously. The meeting was adjourned at 8: 47 p.m. RESPECTFULLY SUBMITTED BY: e ra A. Hurlburt, Conservation Administrator • EX\DH\CCMINUTS.194 • ( 6) l SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY. JANUARY 27, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, January 27, 1994 at 7: 00 P.M. in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Abby Burns, Michael Nalipinski, Fred Harney, and Bob Crowley. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. NOTICE OF INTENT - 22 BAYVIEW CIRCLE - ATTORNEY STEPHEN LOVELY REPRESENTING CHERYL GIDEON Atty. Stephen Lovely addressed the Commission on behalf of his client Cheryl Gideon, and present a Notice of Intent for the consideration of the Commission. He noted that the Engineer for the project, Chris Mello was not able to attend the meeting this evening, but he would go through as much as he could for the Commission. He explained that the project proposed is to construct a single family home within the buffer zone at 22 Bayview Circle. He also noted that the area is zoned single family and the lot • is a buildable lot, with one section located within the 100 foot buffer zone. Abby Burns suggested that the Commission hold a site visit before the next meeting and the Engineer could answer questions at the next meeting. Betsy Horne asked if they were required to get a Wetlands Flood Hazard Special Permit from the Planning Board. Beth Debski stated that they did not need one because the elevation was not within the buffer zone, based on elevations not within the 100 year flood. Michael Nalipinski asked if there was a structure on the property now. Atty. Lovely stated that it is a vacant lot. Michael Nalipinski also asked if there was any flooding on the property. Carolyn Sowinski the current owner of the property and abutting neighbor stated that the water never comes up near her house. Betsy Horne opened the meeting up for Public Comment. There being none, a site visit was scheduled for Saturday, January 29 , 1994 at 9 : 30 A.M. • 1 i • CONTINUATION OF A PUBLIC HEARING- NOTICE OF INTENT - VALLEY STREET, HUGH MULLIGAN, GULF OF MAINE RESEARCH INC. REPRESENTING DAVID DOYLE. Dr. Hugh Mulligan addressed the Commission on behalf of his client David Doyle, and noted that DEP has issued a file number for the project. He also noted that it was suggested that a silt fence be added to the row of hay bales proposed for the project, and they have agreed to do that. Dr. Mulligan also noted that a letter from Eastern Land Survey has been obtained in answer to the questions of the Commission regarding the energy Dissipators proposed for the project. Abby Burns asked if they would try to save as many trees as they could. Dr. Mulligan stated that they have no plans to alter the trees, and noted that they are a good buffer and help with erosion control . There being no further questions or comments concerning this project, a motion was made by Abby Burns to Close the Public Hearing, seconded by Bob Crowley, and approved unanimously. Motion made by Bob Crowley to issue an Order of Conditions, seconded by Abby Burns and approved unanimously. The Commission discussed Special Conditions for the project. • Motion made by Abby Burns to approve the Order of Conditions with 13 Special Conditions, seconded by Bob Crowley and approved unanimously. DISCUSSION WITH COLLEEN BRUCE OF THE NATIONAL PARK SERVICE Colleen Bruce addressed the Commission and updated them on the progress and status of the restoration of the wharves . She noted that they plan to build the restrooms and shower facility in July as well as the picnic area. Abby Burns asked if they plan to do any work at the beach. Ms . Bruce stated that they have no plans to do anything to the beach at this time. Betsy Horne asked about the progress of Phase III of the project. Ms. Bruce noted that phase III is primarily the ship. She explained that a Naval Architect is designing it. She also noted that they do not have funding for it yet, and if they get the funding the rest of the work would be done in two years. Michael Nalipinski asked if they plan to have a pumping station. Ms. Bruce stated that they discussed that, and it would attract more activity, but they have no plans at this time. She also • noted that the City of Salem is applying for a grant for a pumping station, in a public/private venture. 2 Betsy Horne asked Ms . Bruce if she would come back to the Commission before the construction of the ship. Ms. Bruce agreed and noted that they should have the final plans for phase II in April or May. OLD/ NEW BUSINESS Beth Debski informed the Commission of the MACC Annual Meeting, to be held on February 26, 1994 . She asked that anyone wishing to attend let Debbie Hurlburt know by Monday. Beth Debski informed the Commission that she received a complaint of a possible violation at the Mackey Property on Leggs Hill Road. She stated that she sent Will Beaulieu out there and he took pictures, and noted that it is difficult to tell if there is a violation because of the snow cover. Beth noted that she would invite Mr. Mackey to the next meeting to discuss the matter. There being no further business to come before the Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Bob Crowley and approved unanimously. The meeting was adjourned at 8 : 30 P.M. • RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CC012794 0 3 SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, FEBRUARY 10, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, February 10, 1994 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, Abby Burns, and Chris Kent. Also present were: Conservation Administrator Debbie Hurlburt and Eileen Sacco, Clerk. DISCUSSION WITH DANIEL MACKEY REGARDING LEGGS HILL ROAD Mr. Daniel Mackey attended the meeting to discuss a complaint received by the Commission from DEP of a possible violation on his property at Leggs Hill Road. Debbie Hurlburt showed the Commission photos of the property, taken by Will Beaulieu and noted that it was difficult to tell if there was a violation due to the snow cover. Mr. Mackey stated that someone did dump on his property without his knowledge, but it was not his company, and it was on the Marblehead side of his property. He also noted that some • blasted ledge was dumped on the edge of Leggs Hill Road without his knowledge as well. He further noted that he put 8, 000 yards of loam there in November that belongs to the City of Salem, but he placed it at least 500 feet from the wetlands . Abby Burns suggested that Mr. Mackey should discuss the dumping that occurred on the Marblehead side of the property with the Marblehead Conservation Commission. Betsy Horne suggested that after the snow melts the Commission should take another look at the property, and asked Mr. Mackey if he would agree to that . Mr. Mackey indicated that he had no problem with that. Betsy Horne suggested the Commission respond to DEP and inform them that they would be taking another look at the situation when the snow recedes . DETERMINATION OF APPLICABILITY - 224 HIGHLAND AVENUE - GULF OF MAINE RESEARCH CENTER Hugh Mulligan of Gulf of Maine Research Inc. addressed the Commission on behalf of his client, Mr. Finnochio, for a Determination of Applicability for property at 224 Highland Avenue, the former Salem Sign Building. He noted that most • of the wetland is at the rear of the property, near the Sunburst Property. He asked the Commission to issue a Positive 1 Determination, and agree that the edge of the bordering vegetated wetland is as it is shown on the plan. Abby Burns questioned the location of a wet spot 'from a previous visit to the area. Dr. Mulligan stated that there are fragmites there but no other vegetation. He stated that he checked the city map which dates to 1977, and the National Wetlands map and there is a wetland to the rear of the site but no wetland on the property. He also stated that if you go to the property you would find blueberry bushed and arrow wood, noting that the area is flagged. Dr. Mulligan stated that the proposed buyers of the property are Honey Baked Ham Inc. , and they plan to move their offices to Salem, and need to improve parking on the site, and need to delineate the wetlands so that they can prepare the plans . Chris Kent asked if they would be opening a retail store there as well as relocate the offices. Dr. Mulligan stated that they would only be locating the offices there. Betsy Horne asked if there was anyone present who would like to comment on the project. Marianne Sowinski of 35 Oakland Street, Salem, asked if the owners lived in Salem. Dr. Mulligan stated that they did not. • Betsy Horne suggested that a site visit would be in order. Bob Crowley suggested waiting until the snow clears so that the Commission could get a clear picture of what is there. Dr. Mulligan stated that the Commission could go while the snow is still on the ground, and he would bring a shovel . It was decided that a site visit would be held on Tuesday, February 22, 1994 at 8 : 30 a.m. NOTICE OF INTENT - MOONEY ROAD - DEIULIS BROTHERS CONSTRUCTION Frank DeIulis addressed the Commission with a request for a Notice of Intent for his application to grade the back of four lots located on Mooney Road within the buffer zone. He explained that the purpose of this is to make the area smoother and more uniform for the back yards of his proposed subdivision. He noted that they would fill the area with ledge and cover it with loam. The ledge will be from the excavation for the houses. Abby Burns suggested that the Commission hold a site visit, and invite Scott Petrowicz to answer technical questions about the plan. The Commission will meet at the site on Tuesday, • February 22, 1994 at 9: 30 a.m. 2 Motion made by Abby Burns to Continue the Public Hearing to February 24 , 1994, seconded by Fred Harney and approved unanimously. DISCUSSION WITH MR. WALTER ABRAHAM - REGARDING EXTENSION OF ORDER OF CONDITIONS Mr. Walter Abraham was present at the meeting to discuss the status of his Order of Conditions that he received in 1987, and subsequently an extension which expired on July 30 , 1993, for his property on Clark Street. Debbie Hurlburt stated that since Mr. Abraham did not apply for another extension the Commission could issue a partial certificate of completion, for the work that was completed and Mr. Abraham could file a Determination of Applicability for the remainder of the project. Betsy Horne asked Mr. Abraham what his plans are for proceeding on the project. Mr. Abraham stated that he would like to get started this spring. Betsy suggested that the Commission should visit the site when the snow recedes to view the fill that was placed on the property. Fred Harney agreed. Debbie Hurlburt will contact Mr. Abraham in the spring to arrange a site visit. CONTINUATION OF PUBLIC HEARING - 22 BAYVIEW CIRCLE - ATTY. STEPHEN LOVELY • Betsy Horne informed the Commission for the record that the Commission held a site visit on January 29 , 1994 and Fred Harney, Mike Nalipinski , Bob Crowley and Betsy Horne attended. During the site visitMike Nalipinski expressed his concern about the placement of the hay bales and suggested pulling them back. Chris Mello suggested that they could start at the berm and continue to the end of the driveway at lot 29 . Fred Harney stated that he would like to see no spoil storage to the north of the proposed structure, and that all excavated materials should be brought to the front of the property. There being no further discussion on this matter, a motion was made by Abby Burns to close the public hearing, seconded by Fred Harney and approved unanimously. Motion made by Abby Burns to issue an Order of Conditions, seconded by Bob Crowley and approved unanimously. The Commission discussed special conditions for the project. Motion made by Abby Burns to approve 17 special conditions, seconded by Bob Crowley and approved unanimously. • 3 OLD / NEW BUSINESS Debbie Hurlburt presented a letter from Atty. John Serafini regarding an extension of an Order of Conditions for Tri City Sales . She noted that the Order was extended to February 10, 1994 , but due to weather and conflicts the additional information requested has not been received. She suggested that the Order be extended to March 24 , 1994 . Motion made by Abby Burns to extend the Order of Conditions to March 24, 1994 , seconded by Chris Kent and approved unanimously. Debbie Hurlburt informed the Commission that Earth Day is scheduled for April 30, 1994 . Debbie Hurlburt informed the Commission that the Planning Board has until February 16, 1994 to issue a decision on the GTE project. She noted that the Board has hired an environmental Attorney and she will be present at the meeting on February 15 to discuss the decision with the Planning Board. Betsy Horne read a letter from Tom Walsh who notified the Mayor and the Commission that he does not wish to be reappointed to the Commission when his term expires on March 1 , 1994 . He noted that due to personal responsibilities he does not have the time • to devote to the Commission that he would like to. There being no further business to come before the Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Fred Harney and approved unanimously. The meeting was adjourned at 9 : 30 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CCO21094 4 t SALEM CONSERVATION COMMISSION MINUTES OF MEETING FEBRUARY 24 , 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, February 24 , 1994 , at 7: 30 P.M. in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Bob Crowley, Michael Nalipinski , Chris Kent, Abby Burns and Tom Walsh. Also present were Conservation Administrator Debbie Hurlburt and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC HEARING FOR A NOTICE OF INTENT FOR DeIULIS BROTHERS CONSTRUCTION Betsy Horne noted that the Commission held a site visit to the property on Freeman Road on Tuesday, February 22, 1994 . She noted that she and Chris Kent, Bob Crowley, and Debbie Hurlburt attended the visit. Bob Crowley noted that he was surprised at the angle of the cliff on the property and asked what the final slope would be. Frank DeIulis noted that the final slope would be 2-1 . • Betsy Horne asked how far back the houses would be set. Mr. DeIulis stated that it depends on the size of the house, noting that most would be 20, possibly 30 feet from the top of the slope. There being no further questions or comments concerning this matter, a motion was made by Abby Burns to issue an Order of Conditions, seconded by Bob Crowley, and approved unanimously. The Commission discussed special conditions for the project. Motion made by Abby Burns to issue 11 special conditions for the project, seconded by Bob Crowley and approved unanimously. CONTINUATION OF A PUBLIC HEARING FOR A DETERMINATION OF APPLICABILITY - 224 HIGHLAND AVENUE Betsy Horne noted that the Commission held a site visit to the site on February 22, 1994 . She noted that she and Bob Crowley, Chris Kent and Debbie Hurlburt attended, as well as Dr. Hugh Mulligan, representing the applicant. Dr. Mulligan addressed the Commission and reviewed the findings of the site visit. He stated that they wish to confirm the edge of the Bordering Vegetative Wetland for the Salem Sign Property. He also noted that if the Commission issued a positive determination that the area is a resource area, then the applicant would have to come before the Commission and file 1 i a Notice of Intent if they plan to do work in that area. Debbie Hurlburt noted that the property appears to have been filled a long time ago. Bob Crowley recalled that there was some dumping up there in 1963 or 1964 , but at the time it was not a concern because it was not flammable, and the Wetlands Protection Act was not in force at the time. Dr. Mulligan also stated that a 21E study will be done on the property. Michael Nalipinski asked if they would be performing TCLP tests on the site. He also stated that the Commission would be interested in the results of those tests, since if the levels of metals exceeds limits, it is possible that the metals could be running into the wetland. Mr. Nalipinski also asked if they knew the depth of the fill . Dr. Mulligan stated that it would vary by location on the site. Debbie Hurlburt reviewed the process that would result in the Commission being notified that the site has been confirmed as a 21E site. Dr. Mulligan stated that if the tests showed concentrations exceeding the regulations as of October 1993, they would be given 30 days to correct the problem or have it listed as a 21E site. There being no further comments or questions concerning this • matter, a motion was made by Bob Crowley to issue a Positive Determination, seconded by Chris Kent and approved unanimously. OLD / NEW BUSINESS Snow Removal Betsy Horne referred to a newspaper article regarding snow removal and suggested that the Commission should meet with Charles Quigley, the City Engineer, to work with him in determining where snow is stored throughout the city. She noted that she is concerned about the dumping of snow into the ocean, since snow plows collect everything in the way when they plow. She noted that on a recent warm day she observed a tail pipe from a car in the snow bank in front of her house. SESD Stockpile Michael Nalipinski reported that he took a walk to the stock pile on Blaney Street, and noted that it appears all of the sediment is going over the bulkhead. He also reported that the road that was to be constructed was never really constructed, and appears to have been driven over several times . Betsy Horne reported that she talked to Charlie Quigley and gave him until Friday to correct the situation. She noted that • Assistant City Engineer Rich Lis was supposed to have the haybales fixed this week. She suggested that Will Beaulieu 2 go to the site and take pictures to see if any of the corrections have been made. Extension of Order of Conditions for Fafard Companies Debbie Hilbert read a letter from Atty. John Serfini requesting that the Commission extend the Order of Conditions for another 60 days from March 24 , as they need more time for field investigations due to the weather. Burnham Barge Debbie Hurlburt informed the Commission that Mr. Craig Burnham filed a Request for a Determination for work that he performed at 14 Franklin Street. She noted that they will be at the next meeting on March 10, 1994 . Betsy Horne requested that the Commission get some written guidance from Atty. Kevin Daly on the matter, prior to the next meeting. Correspondence Debbie Hurlburt informed the Commission that Hamilton Wenham Regional High School is sponsoring a workshop on April 7, 1994 on the Watershed Area. The workshop will be held at Reading High School . • Vacancy on the Commission Betsy Horne noted that this is Tom Walsh' s last meeting as a member of the Commission. She thanked him for his service to the Commission. Tom Walsh noted that he was happy to serve as a member and thanked the Commission. Betsy Horne stated that she has drafted an advertisement for the News Paper seeking applicants for a Commission member. APPROVAL OF MINUTES The minutes of the meeting of January 13, 1994 , were presented for approval. Motion made by Abby Burns to approve the minutes of the meeting of January 13, 1994 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 Tom Walsh and approved unanimously. The meeting was adjourned at 8 : 30 P.M. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CCO22494 3 _ SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, MARCH 10, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, March 10, 1994 , at 6 : 30 P.M. , in the second floor conference room at One Salem Green. Those present were: Chairwoman Betsy Horne, Abby Burns, Chris Kent, Michael Nalipinski, Bob Crowley, and Fred Harney. Also present were: Conservation Administrator Debbie Hurlburt, and Eileen Sacco, Clerk. Betsy Horne called the meeting to order at 6: 30 p.m. and noted that Atty. Kevin Daly was present to discuss pending and open litigation with the Commission. She asked for a motion for the Commission to adjourn to Executive Session. A motion was made by Abby Burns to adjourn to Executive Session for the purpose of discussing pending and open litigation with Atty. Kevin Daly. The motion was seconded by Bob Crowley and r upon a roll call vote the motion was approved as follows : Abby Burns yes Chris Kent yes • Michael Nalipinski yes Bob Crowley yes Fred Harney yes The Commission reconvened to open session at 6:50 p.m. REQUEST FOR DETERMINATION OF APPLICABILITY - CRAIG BURNHAM - 14 FRANKLIN STREET Betsy Horne read the notice of the Public Hearing that was published in the Salem Evening News . Craig Burnham addressed the Commission and showed photographs of the gangway and the float that he is requesting a Determination of Applicability for. Michael Nalipinski asked Mr. Burnham how long the float has been there. Mr. Burnham replied that it has been there for about a year. Michael Nalipinski asked if the seawall was put in then or was it repaired. Mr. Burnham stated that he repaired the seawall at that time. Mr. Burnham stressed that the float is not a permanent structure, as he will be moving it if necessary for jobs in other locations . He explained that the float is secured to the land with chains • attached around the pilings . He also explained the spud that rests in the mud, he also noted that if the barge is moved the 1 r _ spud goes with it. • Betsy Horne asked what happens to the gangway when the float is moved. Mr. Burnham stated that it is removed, noting that it was stored on top of the float for most of this winter. Michael Nalipinski asked how often the float is moved. Mr. Burnham stated that the float is moved once or twice a year. Mr. Burnham stated that the inside of the floats is not a perfect flat bottom and explained the design of a float. Chris Kent stated that the plan shows an existing piling. Mr. Burnham stated that it was a mistake and that it was actually a stub, that has since been removed from the property. Abby Burns questioned how the Commission could issue a Determination of Applicability when there are so many outstanding issues of concern to the Commission. Betsy Horne stated that it is not the Commission' s place to enforce zoning or Harbor regulations, and they can only address the issues that affect the Wetlands Protection Act. She also noted that the Commission brought suit against Burnham Associates on those matters . Michael Nalipinski asked if they would be storing fuel on the float. Mr. Burnham stated that they would be loading material onto a larger vessel from the float and that they would have • a few gallons of fuel, but not large quantities. Atty. Kevin Daly addressed the Commission and stated for the record that the City of Salem disputes Mr. Burnham' s history of the property. Betsy Horne asked Mr. Burnham why he was applying for a Determination of Applicability now. Mr. Burnham stated that his arm is being twisted and he is applying on the advice of his Attorney. The Commission reviewed the Order of Conditions that was issued in 1980 for the property. Betsy Horne noted that there was no mention of the float or gangway in that Notice of Intent that was for a seawall and marine railway. She also noted that there are still conditions attached to that project. Bob Crowley noted that the maintenance of the barge and float takes place in the water, and that is under the jurisdiction of the Commission. Chris Kent asked how long the float and the spud have been there. Mr. Burnham stated that they have been there for about one year. He also noted that they will probably be moving the float over to the Salem/Beverly Bridge soon. • Betsy Horne noted that she is distressed that there is so much 2 i movement of heavy equipment in the resource area. There being no further comment or discussion on the matter at this time, a motion was made by Michael Nalipinski for a Negative Determination for Burnham Associates, 14 Franklin Street, seconded by Bob Crowley, and denied 0-6, with all members present voting in the negative. OLD / NEW BUSINESS Earth Day Debbie Hurlburt reported to the Commission that Earth Day will be held on Saturday, April 30, 1994 at 10:00 a.m. in the market area outside Old Town Hall . In the event of rain it will be held inside Old Town Hall. She asked the members to think about what the Commission would like to do for the Fair. Salem High School Debbie Hurlburt reported that Charlie Quigley has been getting prices for the flagging of the area behind Salem High School and will get in touch with Debbie when it is completed. Correspondence • Betsy Horne read a letter to the Commission that she wrote to Tom Walsh, thanking him for his service to the Commission. She also asked about the status of a new member to replace him. Debbie reported that she has given the advertisment to Bill Luster, and he is going to talk to Mayor Harrington about it. Blaney Street Debbie Hurlburt reported that Will Beaulieu checked out the project on Blaney Street and all appears to be in compliance. She noted that he measured the toe of the slope and it is 30 feet. She also noted that the seawall appears to be unstable and that Mr. Mackey is applying for an amnesty license. APPROVAL OF MINUTES The minutes of the meeting of December 9, 1993 were presented for approval . Motion made by Abby Burns to approve the minutes of the meeting of December 9 , 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 Abby Burns to adjourn the meeting, seconded by Chris Kent and approved unanimously. • The meeting was adjourned at 8 : 30 p.m. 3 / RESPECTFULLY SUBMITTED BY; • EILEEN M. SACCO, CLERK CC031094 • • 4 SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, MARCH 24 , 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, March 24, 1994 at 7: 00 P.M. in the second floor conference room at One Salem Green, Those present were: Chairwoman Betsy Horne, Chris Kent, Michael Nalipinski , Fred Harney, Abby Burns, and Bob Crowley. Also present were: Conservation Administrator Debbie Hurlburt and Eileen Sacco, Clerk. EXTENSION PERMIT - TRI - CITY SALES - MR. DAVID COHEN Fred Harney recused himself from discussion of this matter. Debbie Hurlburt read a letter from Atty. John Serafini on behalf of his client David Cohen, requesting an extension to May 12, 1994 , to research the status of the property. He noted that the snow cover prevents them from seeing what is actually there, and they feel that the extension of time would allow them to properly pursue the matter. Betsy Horne noted that she would have preferred that the • Commission have more information regarding this by now, but suggested that the extension would be appropriate given the conditions of this winter. Debbie Hurlburt suggested that the Commission could request an interim update before the May 12 meeting. Motion made by Abby Burns to approve the extension to the meeting of May 12, 1994 , seconded by Bob Crowley and approved unanimously. DISCUSSION OF EARTH DAY FAIR Debbie Hurlburt informed the Commission that plans are well under way for the Earth Day Fair to be held on April 30, 1994 from 10 :00 - 2: 00 . She reported that she is working with Eileen Sacco on the possibility of bringing the New England Aquarium Whale Day Exhibit to Salem for the Fair. She noted that the cost is $700 .00 for four hours and Eileen is checking with the Elementary School PTO' s to see if they would contribute to the cost of the exhibit. She also noted that the Commission could sponsor a poster contest, in the schools and that the Commission could judge them. More details will be given at a later date. DISCUSSION REGARDING FOREST RIVER TIDAL GATES • Betsy Horne noted that it is time again to discuss the Tidal Gates at the Forest River. She explained the situation to Michael Nalipinski . He noted that perhaps the Army Corp of 1 . Engineers would be interested in that since they may be impeding navigable waters . OLD / NEW BUSINESS 22 Bayview Circle Debbie Hurlburt reported that she received a letter from Cheryl Gideon, noting that the hay bales would be in place by March 28, 1994 , and the construction is scheduled to start on March 31 , 1994 . Linden Ave. Extension Debbie Hurlburt noted that she received a letter from Mr. Bouchard stating that the installation of the septic system would be starting and that the hay bales are in place. Non Point Source Workshop Debbie Hurlburt reported that Joanne Carr would be attending the April 14 , 1994 meeting to discuss Non Point Sources. 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 :00 p.m. RESPECTFULLY SUBMITTED BY: EILEEN M. SACCO, CLERK CC032494 2 . • • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, APRIL 14, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, April 14, 1994 at 7 :00 p.m. in the second floor conference room at One Salem Green. Those present were: Chair Betsy Horne, Abby Burns, Fred Harney, and Bob Crowley. Also present was Conservation Administrator, Debbie Hurlburt . REQUEST FOR A DETERMINATION OF APPLICABILITY - MAYNARD PLASTICS 96 SWAMPSCOTT ROAD Dr . Hugh Mulligan of the Gulf of Maine Research Center , Inc. addressed the Commission on behalf of Maynard Plastics requesting a negative determination. Dr . Mulligan stated that he went to the site and investigated it for any resource area. Dr . Mulligan explained where the site is located. He also indicated that there are four bays in the back of the building to allow loading and unloading and due to the increase in productivity there was a need to expand the loading area by enlarging the paved • area in the back of the property . Dr . Mulligan explained that there are two wetlands areas adjacent to this site the first was a Bordering Vegetated Wetland (BVW) on the southeast side of the building ( if you are facing the building at the rear of the property) and an Isolated Land Subject to Flooding ( ILSF) . Dr . Mulligan stated that the BVW is a stream but the work proposed is outside the BVW and the Buffer Zone to the BVW. He also stated that the ILSF, which does not have a Buffer Zone will not be affected by this proposal . Dr . Mulligan stated that the applicant is looking for a Negative Determination because the proposed area described in the Request for Determination of Applicability is not in an area in the Commission ' s jurisdiction. Abby Burns asked whether the ILSF would be affected at all . Dr . Mulligan stated that it would not . Bob Crowley asked whether the entire project is outside the Buffer Zone . . Dr . Mulligan stated that it was . ` 1 Dr . Mulligan stated that the applicant would add haybales around the BVW even though the area is out of the Conservation Commission' s jurisdiction. Fred Harney stated that he is concerned about a snow storage area. Chair Horne opened the meeting up for public comment at this time. There being no one present who wished to comment on the matter . Motion made by Fred Harney to issue a Negative Determination, seconded by Abby Burns and approved unanimously. NON-POINT SOURCE WORKSHOP Jo-anne Carr from the Department of Environmental Protection conducted a Non-point Source Workshop for the Commission. Ms . Carr handed out numerous informational literature. Ms . Carr explained that a "point" source is from a pipe which is permitted and a non-point source is everything from site septic systems to lawn fertilizer , vehicles, drainage from parking lots, etc. Ms. Carr stated that she will focus on salt application and snow storage as requested by the Commission. • Ms . Carr stated that the best protection from non-point source pollution is to keep development away from the water area . Ms . Carr also stated that municipalities have to look at where the salt and sand is stored and perhaps have the salt and sand covered. In addition Ms. Carr also recommended that the snow be stored in an upland area. Ms . Carr stated that other communities like Lincoln and Weston have low salt policies. Ms . Carr also stated that there should be snow storage sites which are 1-00 feet from a wetlands area and the Commission should rank the areas and prioritize them and prohibit the snow being dumped into a water body. Ms. Carr indicated that the Soil Conservation Service has a program which will review the plan and come out to see the site and that person is Marc McQuinn and reachable at 295-1981 . Ms . Carr stated that she would be available in Boston should the Commission have any additional questions . EARTH DAY FAIR • Debbie Hurlburt addressed the Commission on the progress on Earth Day. 2 • OLD BUSINESS LEGGS HILL ROAD Debbie Hurlburt reported that the Clerk of the Works Will Beaulieu has done a follow-up site visit to Legg ' s Hill Road to investigate alleged dumping on this site. Ms. Hurlburt showed the Commission pictures of the site and reported that Mr . Beaulieu indicated that he did not see any violation on this site. Chair Horne requested that a follow-up letter be sent to the DEP of the investigation. TRI-CITY SALES Debbie Hurlburt reported that she has had conversations with Attorney Serafini and he has indicated that the engineers on the project originally in 1988 and 1989 have been brought on board and will have a report to the Commission by the May 26 meeting. APPROVAL OF MINUTES The minutes of the Executive Session of March 10, 1994 were presented for approval . Motion made by Abby Burns to approve the minutes of the meeting of March 10, 1994 , 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 Fred Harney to adjourn the meeting , seconded by Abby Burns and approved unanimously. The meeting was adjourned at 8 : 50 p.m. RESPECTFULLY SUBMITTED: DEBRA HURLBURT CONSERVATION ADMINISTRATOR EX\DH\CCMINTS4 . 14 3 •1 SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, MAY 12, 1994 A regular meeting of the Salem Conservation Commission was held on Thursday, May 12 , 1994 at 7: 30 p.m. in the second floor conference room at One Salem Green. Those present were: Chair Betsy Horne, Christopher Kent, Fred Harney and Mike Nalipinski. Also present was Conservation Administrator Debbie Hurlburt. DISCUSSION REGARDING SALEM HIGH SCHOOL Mike Collins from the Engineering Department was present to discuss with . the Commission the Engineering Department's progress in addressing the Commission's request as it was presented at the meeting of April 29, 1994 . At the last meeting the Commission had requested that the Assessor's map be updated indicating where the existing soccer field is located. Mr. Collins showed the Commission a map indicating the existing soccer field, the power lines, the area which was recently flagged, the fill area and the existing wetland. Betsy Horne asked Mr. Collins where the existing soccer field was. • Mr. Collins pointed out the field and stated that the fill is approximately 12 feet high in areas. Mr. Collins stated that the filled area was analogous to this existing soccer field. Mr. Collins also indicated that he went out to the site and surveyed the site and where the fill and wetland are located. Fred Harney asked Mr. Collins where the boundaries of the site were and who owned the abutting property. Mike Collins pointed out the boundaries and stated the he believes that the City of Salem owns the abutting site. , Ms. Horne asked Mr. Collins in his opinion what does this information tell him. Mr. Collins replied that it indicates that it would be a resource area. The Conservation Commission then reviewed the infra-red aerial photograph of the site. Mr. Collins indicated on the plan where * the outcropping of ledge appears to be. 1 Mike Nalipinski pointed out where the soccer field was on the wetlands map and on the aerial photograph. Mr. Nalipinski indicated that it would appear that the wetlands maps are not correct and the area appears to have been filled. Mr. Nalipinski stated that in his opinion the aerial photograph is correct. Fred Harney stated that he agreed that this was a wetland due to a pipe which was out on the site. Betsy Horne stated that as filling occurred the pipe was extended. Mr. Harney stated that the Commission does not know where the pipe began. Mike Nalipinski asked whether the Public Works Department reviewed the aerial maps before they filled that area. Mr. Collins stated that he was not employed by the City at the time. Betsy Horne stated to Chris Kent that he knew of the Commission's concerns at the area and was surprised that he didn't mention this before. Chris Kent stated that it didn't occur to him that they would be filling the area and that they would clean up the area and stop • using the area as a City dump. Betsy Horne asked Mr. Kent if he did not know the extent of the fill that occurred. Mr. Kent stated that he did not know the extent of the fill. Mr. Kent said he was not involved. Mike Nalipinski asked Mr. Collins if the soccer field is utilized. Betsy Horne stated yes it is. Ms. Horne asked Mr. Collins if Mr. Quigley wanted him to provide any further information to the Conservation Commission. Mike Collins stated that the report which was done by Petrowicz Engineering didn't mention that this was a wetland because it was apparent on the wetlands map. Betsy Horne stated that if the Commission looked at the aerial photograph it looks like its been filled and asked for comments from the Commission as to how this should be addressed. Ms. Horne stated options for the Commission such as issuing an enforcement order and require the fill material be taken out or a mitigation measure be instituted. Ms. Horne stated that it is not preferable to issue an Order of Conditions due to mixing up civil and • administrative issues. 2 Chris Kent stated that it appears that when the existing soccer field was filled in it dammed up the area. Mike Nalipinski stated that he was more comfortable addressing fill within the last year as opposed to ten years ago. Chris Kent stated that he was up in the area, with Scott Petrowicz and that the drainage appeared displaced. . Betsy Horne asked Mr. Collins how big a soccer field is. Mr. Collins stated that it is 300' x 4001 . Fred Harney stated that it was his opinion that they should deal with the City as they deal with other developers; for instance Clark Avenue. Betsy Horne added as well as Burnham Barge and any other issue. Fred Harney asked if it was possible to bring back the area to its original condition. Mr. Harney asked whether NEPCO was aware of the filling which took place due to the power lines which are in the same vicinity. Mike Collins indicated that NEPCO only had an easement over the property and that the area is still the City of Salem's property. • Chris Kent stated that it would be beneficial to fence in the area to prevent further dumping. Betsy Horne stated that there were more issues before the Commission this evening and that they could come back to this issue at. the end of the meeting. TRANSFER STATION Betsy Horne stated that at the last meeting City Engineer Charlie Quigley indicated that the material would be pulled back from the Resource Area and that he would have boulders put up to stop debris from entering the Resource Area. Mike Collins from the Engineering Department stated that boulders have been put in the area but not on the top of the slope because it was tough to do this work with City labor. Mr. Collins indicated that the City labor had tried to pull back the debris with a front-end loader but most of the time the vehicle was stuck in the mud. Betsy Horne asked whether the boulder effect would or would not work. Mr. Collins stated that the Engineering Department would like a road in the area. • 3 Betsy Horne asked whether the work would definitely impact the • Resource area. Mike Nalipinski stated that it sounds like they are already within a Buffer Zone and our concern is abutting a wetland area. Mr. Nalipinski asked whether the DPW was going to file a notice of intent before proceeding. Mike Collins stated that he believed the Engineering Department would like to clean up and cover up the debris that is existing and then pave an area to start over. Mike Nalipinski stated that leaves and bags are falling over the area. Mike Collins stated that 13 City workers had debagged for 8 hours without a making a dent to the piles. Betsy Horne stated that she was concerned about the area and that she thought that perhaps the men should pull back the bags but that there should be haybales or something in the area to stop any debris migrating into the resource area. Ms. Horne asked where things stand at this point. • Mike Collins stated that he believed Mr. Quigley would like to clean up the area but that the City worker with the pay loader was ineffective. Mr. Collins indicated that perhaps they should try to pull back the area and level off the site by bringing in a back hoe. Mike Nalipinski stated that it sounded that the Engineering Department is too concerned with aesthetics and little regard for noted wetland areas. Mr. Nalipinski stated that before any more work is done that perhaps the Commission should take a position and that he would recommend that a notice of intent be filed before any more work is done at Transfer Station. Fred Harney stated that the state spent a lot of money on a new pipe to channel the water that flows across Highland Avenue and any blockage of the pipe would impact the area that was being mitigated. Mike Collins indicated that they would have to use an engineer to do a comprehensive plan if they were to use the back of the property. Betsy Horne asked where the material from the last yard waste pick up was going. Mike Collins stated that he did not know. • 4 Betsy Horne asked if the Engineering Department wanted to put a • vegetative mat over the leaves. Mike Collins replied yes. Betsy Horne stated that this problem has been going on too long and that they should not do any more until the Commission talks to the Engineering Department. CLARK AVENUE Debbie Hurlburt updated the Commission regarding 18-20 Clark Avenue. Ms. Hurlburt reminded the Commission that the last time Mr. Abraham was before the Commission it was suggested that a certified letter from the engineer stating that the work was done in compliance with the plans was in order. Debbie stated that Walter Abraham, property owner, had recently submitted a letter from Engineer, Charles Faia stating that the Order of Conditions, 64-148 issued July 30, 1987 were substantially in compliance. Ms. Hurlburt also stated that Mr. Abraham, the Clerk of the Works Willie Beaulieu and she had conducted a site visit to the property and found that the fill appeared to have been in place for a long period of time due to the amount of vegetative growth. • Betsy Horne reminded the Commission that the majority of work had been done on the site but due to the time lapse of the Order of Conditions only a partial Certificate of Compliance could be acted on. The remainder of work to be completed would be the construction of single family homes. Ms. Horne stated that if and when Mr. Abraham is ready to build on this property that he would have to file a request for a determination of applicability due to the work falling within a Buffer Zone. Betsy Horne stated that the letter was signed but was not stamped by the engineer and she required that Mr. Abraham have it stamped before a partial Certificate of Compliance could be issued. Chris Kent asked whether the slope was as indicated on the plans. Debbie Hurlburt stated that she was out on the site but she did not measure the slope, however; due to the letter from the engineer it should be sufficient to reassure the Commission that this was taken in consideration. Ms. Horne indicated that a Motion would be in order to issue a partial Certificate of Compliance to cover all but the construction of the new single family homes. • 5 Motion was made by Fred Harney to issue a partial Certificate of • Compliance for 64-148, seconded by Mike Nalipinski and approved unanimously. The partial Certificate of Compliance will be released after Mr. Abraham obtains Mr. Faia's stamp on the letter. TRI-CITY SALES The discussion regarding Tri-City Sales will be conducted at the next meeting due to the lack of a quorum on this issue (Fred Harney had to recuse himself from this issue) . 22 SAUNDERS STREET Debbie Hurlburt read a letter from Attorney John Serafini requesting an Extension Permit for DEP file #64-169, 22 Saunders Street. The Commission preliminarily reviewed the plans in the file. Mike Nalipinski requested that the applicant submit information regarding runoff calculations, where the water discharges to and the sizing of the discharge area for stormwater, the water retention basin, how the area is sloped and where the water is flowing due to the sloped area, and a copy of the 21E study. Betsy Horne stated that a representative for this project attend the next meeting to address these issues. . BURNHAM BARGE Debbie Hurlburt reported to the Commission that she has received a Notice of Intent from Franklin Street Realty Trust for 14 Franklin Street. Ms. Hurlburt indicated that there were some deficiencies in the application and would be talking to Attorney Kevin Daly about contacting the Burnham's attorney to have this amended if they desire to. Betsy Horne requested that copies of the Notice of Intent be sent to Bob Crowley and Abby Burns for their information. OLD/NEW BUSINESS Debbie Hurlburt informed the Commission that she was in receipt of notification from Aquatic Control Technology stating that they would be doing their yearly application to Sargent Pond in Greenlawn Cemetery. Mike Nalipinski asked whether the City Solicitor has responded to the Commission's letter regarding the tidal gates. Betsy Horne read the letter to the Commission and stated that they have not yet received a response. Chris Kent wanted to discuss with the Commission the need for a pump-out facility and whether this is within the Commission's purview. 6 Some discussion ensued. Ms. Horne indicated that the issue was • important and asked if he would be willing to look into the matter and report back to the Commission. However, Mike Nalipinski and Betsy Horne stated that they did not believe that it was within the Commission's jurisdiction. TRANSFER STATION Betsy Horne asked the members what they would like to do regarding the dumping issue at the Transfer Station. It was decided upon that a letter be sent to Mr. Quigley stating that no further work shall be done in this area of the Resource Area or the Buffer Zone and that the Engineering Department submit a Notice of Intent to the Commission regarding work proposed by noon, Monday, May 30, 1994 . SALEM HIGH SCHOOL Betsy Horne asked the members what they would like to do regarding the filling of the High School area. Mike Nalipinski stated that at a minimum the Department of Public Works must refer to any and all maps prior to any more work within this area. Mr. Nalipinski also stated that maybe an option would be mitigation by way of a notice of intent. Betsy Horne stated that the Commission could issue an enforcement • order requesting a notice of intent. Chris Kent stated that assuming Mr. Quigley does not want to get into a fight with the Commission perhaps a letter might be the first step. Mike Nalipinski stated that ideally he prefers that the material be excavated and the area be restored. Mr. Nalipinski indicated that an enforcement order may be in order with a proposal for mitigating the area. Betsy Horne asked whether a motion was in order. A motion was made by Mike Nalipinski to issue an enforcement order requiring the filing of a notice of intent. Fred Harney seconded the motion. The motion was denied with Chris Kent opposed and Fred Harney, Mike Nalipinski and Betsy Horne voting in favor. The motion did not carry. Ms. Horne stated that she intents on issuing an Enforcement Order and will look for ratification at the next meeting. 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 Fred Harney and approved unanimously. • 8 The meeting was adjourned at 9:02 p.m. • RESPECTFULLY SUBMITTED BY: =BIE HURLBURT CONSERVATION ADMINISTRATOR • A: \CCMINTS r.