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1995-CONSERVATION COMMISSION ��(N Cp�� Z i Salem. Massachusetts 01970 yW 'NASS NC�;• JAN 2q 2 07 r' FILE# NOTICE OF CANCELLATION CITY CLFRx, You are hereby notified that the Salem Conservation Commission meeting scheduled . for Thursday, January 26, 1995 in the second floor conference room at One Salem Green has been canceled. Fred Harn �`'f3 Chairman • BN\DEB\CCCANCL. 126 This notice posted on " a ny�ll Av Salem, Masisialc BullpeNtir. Board" 23A & 23B of�jyM G �rdance with Cfiap2 M. • z „t%ON C . 2” Consffivafim Comm1SS1m Salem. `Massachusetts 01970 yA..is CANCELLATION NOTICE This is to notify you that the Salem Conservation Commission has gAnceled their regular meeting for Thursday, March 9 , 1995 in the second floor conference room at One Salem Green. Fred Harney Chairman _L � r m r • p" O ^7 D � CO N V.1 This notice posted on '�Official Bu tl r " Boa City Hall Av Salem, Mass. on 9� *31,01 in accordance with Chap. 39' Sec. & 238 of M.G.L. 4 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, APRIL 27, 1995 A regular meeting of the Salem Conservation Commission was held on Thursday, April 27, 1995 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Brad Chase, Bob Crowley, Joan Griffin, Chris Kent and MaryLou Mielcarz. Also present were Assistant City Planner, Beth Debski, and Eileen Sacco, Clerk. PUBLIC RIN - NOTICE OF INTENT - 224 AND 234 HI ANIS AVENT TF. - KENNEDY DEVELOPMENT RO TP - ATTY. JOSEPH CORRENTI Chairman Fred Harney recused himself from discussion of this matter, and Bob Crowley assumed the Chair. • Atty. Joseph Correnti addressed the Commission and presented a letter, requesting that the Public Hearing be continued to the next meeting of the Commission on May 11, 1995. Atty. Correnti noted that they are making the request so that they may make a more complete presentation. He stated that they have been meeting with the Planning Department and the abutters to the property for feedback on the project. Atty. Correnti also noted that they have had a MEPA scoping session to take into the consideration, the effect of the project on Highland Avenue, which is a state highway. Chris Kent suggested that the Commission should have a site visit before the next meeting. Joan Griffin asked if MEPA addressed any of the work to be done in the buffer zone. Atty. Correnti stated that they only addressed the traffic issues that are of concern. There being no further comment or discussion on the matter, a motion was made by Abby Burns to continue the Public Hearing to May 11, 1995, • seconded by Brad Chase and approved unanimously. PUBLIC BEARING - NOTICE OF INTENT - 15 HEMEMMAY ROAD - OSGOOD PARK NEI THBO HOOD ASSOCIATION - PIMIP PRT.T.ETIER Fred Harney returned to the meeting at this time. PhilipPelletier P eerier addressed the Commission on behalf of the Osgood Park Neighborhood Association and explained their proposal for the reconstruction of a retaining wall and boat ramp and the construction of a pier, gangway and float at 15 Hemenway Road. He noted that the retaining wall is not considered a seawall because it is above high tide. He stressed that the retaining wall is in great disrepair, and they plan to replace the asphalt that presently exists with concrete. He also noted that they hope to do the construction this fall. Abby Bums asked if the needed to go to the state for this project. Mr. Pelletier stated that they have filed with DEP. • Fred Harney asked if they would be doing any dredging. Mr. Pelletier stated that there would be no dredging. He also noted that the work would be done from the shore line, with the pile driving done from the water side. Joan Griffin asked if there would be any filling other than where the bituminous boat ramp is. Mr. Pelletier state that there would be no other filling. Fred Harney asked if they needed any other approvals from other city Boards or Commissions. Mr. Pelletier stated that there were none required. He noted that they have gone for a Chapter 91 license as new construction. He also noted that they originally tried to go in under a residence, but that the stated considers their Association the same as a condo association. Brad Chase asked if the float would rest at Mean Low Water. Mr. Pelletier stated that it would. Joan Griffin noted that it would present a problem if the area were open. Brad Chase agreed noting that the area is closed, but the goal is to reopen the closed areas. Abby Burns suggested that the Commission hold a site visit. Fred Harney agreed. Fred Harney opened the hearing up for public comment at this time. Paul and Pat Labrie of 11 Hemenway Road addressed the Commission and noted that they abut the property and are in favor of the project. Bruce McLaughlin of 17 Hemenway Road addressed the Commission and noted that the area is more damaging to the environment in its present condition. He also noted that this will be good for the neighborhood. There being no further comments or questions on the matter, a motion was made by Abby Bums to continue the Public Hearing to May 11, 1995, seconded by Joan Griffin and approved unanimously. The Commission scheduled a site visit for Monday night May 1, 1995 at 6:15 p.m. PUBLIC HEARING - NOTICE OF INTENT - CAT ISLAND - MARB E n / SWAMPSCOTT YMCA - KELLY MARINE SERVICES • Bill Kelly of Kelly Marine Services addressed the Commission on behalf of the Marblehead/ Swampscott YMCA to explain the proposal to repair / replace the existing deteriorating +/- 150 foot wood pier with an existing aluminum ramp and new timber piles, as necessary. He noted that the proposed work also includes the replacement of a 5 x 40' ramp, and a 16 x 40' float, and the addition of new pile dolphins on Cat Island. Mr. Kelly also noted that the proposed work is located within the buffer zone and the Coastal Resource Area. Mr. Kelly stated that this proposal is necessary for the safety of the children who go to camp there in the summer. Fred Harney asked how old the pier was. Mr. Kelly state that the original one was built in 1958. He also noted that a new pier was built in 1992 but it did not last because it was built in the wrong place. Fred Harney asked if the need a permit from the Army Corp of Engineers. • Mr. Kelly stated that the 1992 permit is still in effect. • Abby Burns asked how long the project would take. Philip Pelletier, the contractor for the project stated that it should take about a month to complete. Fred Harney opened the hearing up for public comment at this time. There was no one present who wished to speak on the project. There being no further questions or comments from those in attendance, a motion was made by Abby Burns to close the Public Hearing, seconded by Joan Griffin and approved unanimously. Motion made by Abby Burns to issue an Order of Conditions for the Marblehead / Swampscott YMCA proposal, with special condtions, seconded by Bob Crowley and approved unanimously. The Commission discussed special conditions for the project. Motion made by Joan Griffin to approve 5 special conditions ( 1, 2, 3, 4, & 13) for the Marblehead/ Swampscott YMCA , seconded by Abby Burns and approved • unanimously. DETERMINATION OF APPLICABILITY - 9 POPE STREET - KENNETH STEADMAN AND TTM FLYNN Mr. Kenneth Steadman addressed the Commission and requested a Determination of Applicability for work he proposes which consists of site preparation for proposed house foundations and utility work at 9 Pope Street. He explained that this parcel was originally approved for 7 townhouses and he purchased the property and now plans to build 4 single family homes on it. He also noted that they plan to utilize the land as it is and there would be no major contour changes. He did note that they would be removing some rock for the foundations. Beth Debski noted that an Order of Conditions was issued to Charlie Brett for drainage work and that was completed. Abby Burns asked if they would be blasting. Mr. Steadman stated that they would be blasting for the foundations. Abby Burns suggested that the Commission have a site visit to the property. Fred Harney noted that the Commission needs to determine what Mr. Steadman is responsible for. Beth Debski noted that the Commission might find that they want to issue a notice to the people who own the other side of the property. There being no further comments or questions at this time a motion was made by Abby Burns to continue the Public Hearing to May 11, 1995, seconded by Joan Griffin and approved unanimously. The Commission scheduled a site visit for Monday night May 1, 1995 at 7:00 p.m. APPROVAL OF MINUTES The minutes of the meetings of October 13, 1994, October 27, 1994, November 10, 1994 and December 8, 1994 were presented for approval. Motion made by Abby Burns to approve the minutes, seconded by Chris Kent and approved unanimously. • The minutes to the meeting of April 13, 1995 were presented for approval. Motion made by Abby Bums to approve the minutes of the meeting of April 13, 1995, seconded by Joan Griffin and approved unanimously. There being no further business to come before the Commission at this meeting, a motion was made by Abby Bums 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 CC042795 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, MAY 11, 1995 A regular meeting of the Salem Conservation Commission was held on Thursday, May 11, 1995 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Bob Crowley, Chris Kent, Abby Burns, Brad Chase, and Marylou Mielcarz. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. DETERMINATION OF APPLICABILIIY - 9 POPE STREET Fred Harney noted that the Commission held a site visit at 9 Pope Street, regarding their proposal. He asked if any of the members had any questions regarding the proposal. • Abby Bums asked if they had done anything about moving the trees. Mr. Steadman stated that they had and the area is all cleaned up. Fred Harney stated that he did some research on whether this could be done with a negative determination with conditions. He stated that he spoke with other Conservation Commissions and he is of the opinion that this would be appropriate action. He noted that the only difference between a Negative Determination and a Notice of Intent is that the Negative Determination will not be filed at the Registry of Deeds. There being no further questions or comments concerning the proposal, a motion was made by Abby Bums to issue a Negative Determination with Conditions, seconded by Marylou Mielcarz and approved unanimously. The Commission discussed possible conditions for the project. Special Conditions 1, 2, 3, 4, 5, 6, 7, 12, and 18 were chosen. Abby Bums suggested that they place staked hay bales on the site. • Fred Harney questioned whether the Clerk of the Works would be on site on behalf of any other Boards or Commissions. Beth Debski stated that they do 1 • not require any, but that the Clerk of the Works can be sent out for the Conservation Commission. Fred Harney stated that he would like a report from the Clerk of the Works before a foundation permit is issued for the house closest to the drainage area. Chris Kent asked how the houses would be heated. Mr. Steadman stated that they would be heated by gas. Motion made by Abby Bums to approve special conditions 1, 2, 3, 4, 5, 6, 7, 12, and 18, as well as install hay bales, and have the Clerk of the Works report to the Commission prior to the issuance of a foundation permit for the P P P house closest to the drainage area, seconded by Bob Crowley and approved unanimously. CONTINUATION OF PUBLIC HEARING - NOTICE OF INTENT 15 HEMENWAY ROAD Fred Harney reported that the Commission held a site visit at 15 Hemenway • Road. He noted that he sees no problem with the rebuilding of the existing sea wall, but there is a problem with the proposed float and its location at low tide. He asked Brad Chase to comment on the concerns noted at the site visit. Brad Chase noted that the proposed float would bottom out at low tide and would impact the resource area, particularly shellfish. He stated that he looked at the clam flat, which is closed now, but there is hope to reopen it when the water quality in Salem improves. Mr. Pelletier stated that if the Commission would allow them to put the float on stops they would agree. He stated that the purpose of the float is for loading and unloading and that there would not be any boats tied up to it. Fred Harney questioned how they could enforce the loading and unloading only plan. Mr. Pelletier stated that it is the float would be for neighborhood use only and that no outside use would be allowed. There being no further comments or discussion a motion was made by Abby Burns to close the public hearing, seconded by Bob Crowley and approved unanimously. • Motion made by Abby Bums to issue an Order of Conditions to rebuild the sea wall, and that no construction be done on the float until a design plan is 2 • reviewed and approved by the Commission, seconded by Brad Chase and approved unanimously. The Commission discussed special conditions for the project. The Commission chose conditions 1, 2, 3, 4, 5, 61 7, 12, 13, 15, 17, and 18. Fred Harney suggested that the Osgood Park Association give a statement to the Commission stating the intended purpose of the float and its intended uses. Motion made by Abby Bums to approve the special conditions for the project, seconded by Brad Chase and approved unanimously. DETERMINATION OF APPLICABILITY - VAN WATERS AND RO RS - COLONIAL ROAD Bob Harrington representing Van Waters and Rogers addressed the Commission and explained that they are requesting to demolish 2 buildings which are located in the buffer zone area. He showed the Commission an aerial photo and showed the locations of the two buildings. He noted that the • buildings are presently unused and present a safety hazard. Mr. Harrington estimated that it would take 2 or 3 days to complete the demolition. Fred Harney asked if there were any plans to reconstruct on the site. Mr. Harrington stated that they have no plans to build anything at this time, but they are planning to leave the concrete pad in place. Fred Harney suggested that they install staked hay bales. He also questioned whether this would impact the resource area enough to require a Notice of Intent. Chris Kent suggested that a site visit would be in order, since this is a significant wetland. The Commission scheduled a site visit for Monday, May 15, 1995 at 6:00 p.m. Motion made by Abby Bums to continue the Public Hearing to the next meeting of the Commission, scheduled for May 25, 1995, seconded by Marylou Mielcarz, and approved unanimously. 3 • P I RTN - NOTI OF INI= - 127 MARLBOROUGH ROAD Atty. John Keilty addressed the Commission on behalf of the R. J. Kelley who has entered into a purchase and sale agreement with the Fumari Family for the sale of 8.26 acres of land located off Marlborough Road. He showed the plans to the Commission and located the area for them. He explained that there are 16 lots planned with 8 planned for along Marlborough with frontage on Furnari Way. The plan also calls for the construction of two roads, proposed to be called Fumari Way and Terri Way. Atty. Keilty also noted that this development utilizes the Cluster Provision of the Zoning Ordinance. Atty. Keilty also noted that Mr. Joseph Carter presented a plan for this property to the Commission a few months ago, and noted that this plan is different in that it now has 2 / 18 foot roadways for entry and egress. He also noted that there is significant vegetation along Marlborough Road, and that will serve as a buffer. • Atty. Keilty also noted that Strong Water Brook runs through the property and noted that location on the plans. He further noted that they plan for petro traps in the cul-de-sac to treat surface water runoff, before it gets to the brook. He also noted that they are proposing a 30 foot easement for the city to access the sewer pump station. Atty. Keilty explained that they would be using city water, and the utilities have been planned for underground. He also noted that they plan to install sidewalks along Marlborough Road. Abby Burns suggested that the Commission hold a site visit, to the property. Fred Harney asked if the proposed streets would be city owned or private. Atty. Keilty stated that they would be city owned. Fred Harney asked if they need approval from any other city Board or Commission. Atty. Keilty stated that they have filed with the Planning Board, and they are not seeking any relief from the Board of Appeal. • Chairman Fred Harney opened the meeting up to public comment at this time. 4 Mr. LaChapelle of 160 Marlborough Road addressed the Commission and asked how low in the hollow would the entrance way be. Atty. Keilty stated that it would be about 400 feet from Home Street. Harold Roberts of 7 Home Street addressed the Commission and stated that he is concerned about the grading. He noted that he gets substantial rain water in his basement, and he is concerned about the displacement of water. Robert Roderick of 18 Scenic Ave. addressed the Commission and noted that he is concerned about the amount of traffic that this development will create. He also noted that he is concerned about the possibility of blasting. Atty. Keilty stated that there would be no blasting, because the area is too rural. The Commission scheduled a site visit for Friday, May 19, 1995 at 8:00 a.m. Motion made by Abby Burns to continue the Public Hearing to the next meeting of the Commission on May 25, 1995, seconded by Bob Crowley and approved unanimously. • CONTINUATION OF A PI JBLICHEARING 224-234 FUGHLAND AVENUE. Fred Hamey recused himself from discussion of this matter. Bob Crowley assumed the chair for this discussion. Atty. Joseph Correnti addressed the Commission on behalf of his client the Kennedy Development Group, and explained plans to construct a Pep Boys Auto Parts store and a family style restaurant on the present Salem Sign site on Highland Avenue. He noted that the work will not alter the flow to the wetland when the project is completely built out. Abby Burns asked about the pipe across from the stop sign. Atty. Correnti stated that they plan a stone box culvert. He also stated that fill will be placed to bring Highland Avenue to grade. Bob Crowley noted that in the past there has been some question as to where • the pipe drained, and asked if that has been resolved. Atty. Correnti noted that there has been research done on many of the catch basins on the lower 5 side of Highland Avenue. He also noted that the culvert does not have the demand on it that it once did. Chris Kent noted that he recalled that there was some questions as to whether the culvert is a resource area. Richard Swiniuch addressed the Commission and stated that his daughter is an abutter to the property. He also noted that they have ground water wells, and not city water, and expressed his concern about the effect that the runoff would have on drinking well water. Mr. Swiniuch noted that he is not opposed to the project, but hoped that conditions would be placed on the project. Chris Kent asked if there was any provisions for MBC traps for the parking area. Atty. Correnti stated that they plan for gas and oil separators. There being no fiuther questions or comments at this time, a motion was made by Chris Kent to continue the Public Hearing to May 25, 1995, • seconded by Abby Burns and approved unanimously. PI IBLIC HE ARING - NOTICE OF INTENT - STOP & SHOP - HOWLEY STREET Atty. John Serafini Sr. addressed the Commission on behalf of his client, Stop & Shop Supermarket Corp. He noted that they have been granted a Planned Unit Development Special Permit, by the Planning Board and that they have filed for a flood hazard wetlands special permit with the Planning Board. He noted that the material prepared for this project involved extensive filings and that all aspects that are required under the law have ben addressed. Atty. Serafini introduced Paul Sommer of Tech Environmental in Wakefield to explain the plan. Mr. Sommer addressed the Commission and explained the plan. He noted that the North River is land under water body, and that an Associated Bank of the North River Canal is shown on the plan. He also located the railroad tracks owned by the MBTA. Mr. Sommer stated that they located fragmites, cat tails and various wetland vegetation in the areas shown on the plan. He also noted that there is a depression on the site on the side of the railroad tracks with a mix of wetland hiberbacious, and trees that are indicative of a 6 wetland. He also identified a major area of bordering land subject to flooding adjacent to the North River Canal. He noted that they identified the area and dealt with it according to the wetlands protection act. Mr. Sommer also identified the bank, known as the area along the edge of the North River and stated that they are not proposing any alteration in the bank except for a drainage culvert. He also noted that they are not changing the ground water quality. Mr. Sommer also identified the Bordering Vegetated Wetland area on the plan which are close to the river and will not be disturbed. He also noted that the Bordering Land Subject to flooding is the most critical issue that they have to deal with. He also noted isolated land subject to flooding which now stores a quarter acre of water. Mr. Sommer also explained that the management of storm water will assist in maintaining the North River. Atty. William DiMento addressed the Commission on behalf of his client Mr. Lam and stated that he finds a significant jurisdictional problem with this process because hearing should have been advertised 5 days prior to the • hearing, and it was advertised last Friday, which is only 4 days. He suggested that the Commission is in violation of the law and should not hear this petition this evening. Atty. John Serafini Sr. stated that he felt that the hearing should move on. Chairman Harney informed Atty. DiMento that the Commission still has questions and that he would open the hearing up when they are finished. Abby Bums suggested that the Commission should schedule a site visit soon. Fred Harney agreed and noted that there are other site visits scheduled but he felt that this should be a separate site visit, so that the Commission can devote more time to the visit. Brad Chase questioned the Compensatory Storage Plan. Mr. McDowell from Eastern Land Survey stated that the North River is bordered by Federal FEMA and is in the 100 year flood plain. He explained how they calculated the figures. He also noted that the site is designed to accept the100 year flood, noting that if in fact we did get a 100 year flood, the North River would • be over the railroad tracks. 7 Chris Kent asked if the building was going to be removed. Mr. Sommer stated that it would be demolished. Chris Kent also asked about the schematics of the oil and grease separators. Mr. McDowell showed the locations of them on the plan. He also noted that they would be inspected every 6 months and cleaned annually. It was suggested that the Commission receive a report annually with the results of the cleaning. Fred Harney asked if they were required to file with MEPA. Atty. Serafmi stated that they filed with MEPA and the scoping for the EIR is still pending. Chairman Harney opened the meeting up to public comment at this time. Ray Talkington addressed the Commission and raised several concerns from a professional point of view, noting that he the Chairman of the Newburyport Conservation Commission, on behalf of the neighbors. He stated that there is an existing appeal from the Peabody Conservation Commission in limbo, and the ecology investigation has not been ruled on by DEP. He also noted that • they have not had the luxury of reviewing the drainage calculations. He also questioned whether the site was a hazardous waste site, noting that it is a former tannery and there may be waste contamination on the site. He also expressed concern that the contamination may be getting to the bank. Michael Averill addressed the Commission and stated that he is concerned about the flooding on Harmony Grove Road, noting that he thought that the high tide would back flush the oil traps. Jim McDowell will get some information from the manufacturer. Atty. William DiMento addressed the Commission and stated that this is a monolithic company rolling over everyone and that it gets discouraging, Brad Chase requested that the Commission be provided with information and observations regarding the frequency of potential flooding. Beth Debski addressed the Commission and stated that since there are so many issues that need to be addressed that the Planning Department • requested, and the Mayor agreed to allow the Commission to hire a consultant to review the plans and report to the Commission. Abby Bums agreed and suggest that the person hired should be a hydrologist and asked 8 • who would be doing the hiring. Beth Debski noted that the Purchasing Agent would make the decision, based on a scope of work that the Planning Department would develop. Maureen Kiley asked if Stop & Shop would be paying for the consultant. Beth Debski stated that the City would pay for the consultant. There being no further questions concerning the matter this evening, a motion was made by Abby Burns to continue the public hearing to June 8, 1995, seconded by Bob Crowley and approved unanimously. OLD/NEW BUSINESS Abby Burns reported that the Master Plan Committee is holding a public forum regarding the Master Plan on Monday May 22 from 12-4 at the Salem Five Cents Savings Bank, and on Tuesday May 23, from 4-8:30. There being no finther 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 10:45 p.m. RESPECTFULLY SUBMITTED BY: E EEN M. SACCO, CLERK CC051195 9 From:Sacco Fax:(508)745-1976 Voice:(5N)T45-1976 To.BETH DEBSKI at:SALEM PLANNING DEPT Page 10!6 TburridW..luly@0.19956:3:]0 PM • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, JUNE 22, 1995 A regular meeting of the Salem Conservation Commission was held on Thursdav, June 22, 1995 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Joan Griffin, Marylou Mielcarc, Brad Chase, Bob Crowley, Abbv Bums and Chris Kent. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. REQUEST FOR WITHDRAWAL OF PETITION - STOP & SHOP Fred Hamev read a letter that was received from Attv. John R. Seratini Sr. on behalf of Stop & Shop Supermarket Corp., requesting that they be allowed to withdraw their petition of May 37 1995 without prejudice. The letter noted that a new Notice of Intent was filed on May 26, 1995 and will • be scheduled for a Public Hearing in the near future. Motion made by Joan Griffin to allow the withdrawal of the petition without prejudice, seconded by Abby Bruns and approved unanimously. PUBLIC HEARING - DETERMINATION OF APPLICABILITY - 295 DERBY STREET - GIBBS OIL Jack Watts of Geological Services Corp. addressed the Commission and explained the Request for Determination from BP Oil Corp., for property located at 295 Derby Street, now known as Gibbs Oil. He explained that they are requesting to do testing on 3 wells which are located 20 feet below grade west of the underground storage area. He noted that it is a routine procedure. Iie also stated that the area is within a paved area next to the South River. He noted that they filed the determination to see if they need to file a Notice of Intent Mr. Watts stated that the closest well is 70 feet from the South River. • From:Sacco Fait 1509)1`45-1975 VOIc*:(509)T45.1915 To:BETH DEESKI at:SALEM PLANNING DEPTPage 2 o18 TM1uredaV,Juty W.19955:04:59 PM • Joan Griffin asked what will be done with the material that is pulled from the site. Mr. Watts stated that thev will drum it and remove it to an appropriate facility if any gas is detected. Otherwise it could be used for fill elsewhere. Fred Harney asked if the material would be removed immediately. Mr. Watts stated that it would be a 2-3 week process, since there is a lot of paperwork involved. Fred Harney also asked where they would take the material should they need to remove it from the site. Mr. Watts stated that they have been sending material to an asphalt batching plant, but they would have to see what is available when they remove it. Joan Griffin asked what the purpose of the wells was. Mr. Watts stated that they will be testing for ground water and soil quality. Ms. Griffin also asked if the site was a hazardous waste site, and is it listed on anv_ DEP lists. Mr. Watts stated that it is a site to be investigated by DEP. Joan Griffin noted that she has no problem with the proposal, but questioned the use of a Determination of Applicability vs. a Notice of Intent, referring to • the Town of Amherst rules and regulations that specify a certain number of feet from the resource area, which requires a filing of a Notice of Intent. She expressed her concern that the Salem regulations need to be revised. Brad Chase asked if they needed an NPDS permit. Mr. Watts stated that they got an exclusion, noting that an NPDS permit was a technicality as far as the EPA is concerned. He explained that thev notified them and asked for an application and they were issued an exclusion. Brad Chase asked how that exclusion would tie in with local approvals. Mr. Watts noted that they still need to pursue all local approvals. Fred Harney asked if there was anyone present at the meeting who wished to comment on the proposal. There was no response from those present at the meeting. There being no further comments or questions concerning this matter, a motion was made by MaryLou Meilcarz to close the public hearing, seconded by Joan Griffm and approved unanimously. • 2 From:Sacco Fax:(509)745-1976 vole.(5W)45-1976 To BE OEBSKI at SALEM PLANNI OOEPT Paga3 OR ThuraEry,Jury Z0.19956:WV1 PM • Motion made by Bob Crowley to issue a Negative Determination, seconded by Abby Bums and approved unanimously. The Commission discussed special conditions for the project. Fred Harney noted that he wanted all material to be removed from the site if it is found that material needs to be removed. He recalled that there was a problem at that site before, regarding a lengthy period, during which material was stored on the site. I Ie also suggested that all of the material should be drummed as indicated by the applicant. PUBLIC HEARING - NOTICE OF INTENT - 21 PARALLEL STREET John Dick of Hancock Engineering addressed the Commission and explained a Notice of Intent for 21 Parallel Street on behalf of Mr. Philapidas. He explained that Mr. Philapidas purchase 5 building lots in the 1960's. IIe noted that the land is subject to flooding and has wetland ponding. • Mr. Dick explained that they are proposing to build one 26' X 50' house. He showed the Commission the plans and explained that there is a possibility that they may redesign the driveway. He also explained that they need to get Board of Appeal approval and a Wetlands Special Permit from the Planning Board. Fred Harney asked what type of foundation they plan. Mr. Dick stated that they plan for a slab foundation, and the elevation would be 14' 7". Joan Griffin asked if the land was within a flood plain. Mr. Dick stated that according to the flood rate maps it is located in a class B zone. Abby Burns commented that it looks a little close. Joan Griffin again referred to the Amherst regulations and noted that as a practical matter the distance should be 100 feet from the buffer zone. She also recommended that the withdraw the application without prejudice. Motion made by Abby Bums to continue the Public Hearing to July 13, 1995, seconded by Bob Crowley and approved unanimously_ . • 3 From:Sacco Faa:(509)1454916 Voice:15091145-1976 To:BETH DEBSKI a1:SALEM PLANNING DEPT Page4 of9T .,aory,July Y0.19956:0):11 PM • CONTINUATION OF A PUBLIC IIEARING - 224 - 234 I IIGI-ILAND AVENUE - PEP BOYS - KENNEDY DEVELOPMENT CORP. Fred Harney recused himself from discussion of this matter. and Bob Crowley assumed the chair. Atty. Joseph Correnti addressed the Commission on behalf of his client, Kennedy Development Corp. He noted that a site visit was held, and asked if there were any outstanding questions from the Commission. Joan Griffin asked how far the building would be from the wetland. Atty.. Correnti noted that the building would be about 75 feet from the wetland and also explained that they would be tilling so the building will be situated higher than the Nyetland. Bob Crowley asked what they plan to do with the other parcel on the plan. ' Atty. Correnti explained that when they tiled these plans Abblebys was interested in locating there, but that has since fallen through. Beth Debski noted that the Planning Board was also concerned about that parcel, and it • has been suggested that they should only seek approval for the Pep Boys parcel and file new plans when they have a tenant for the other parcel. Chris Kent noted that they are planning for a 1 to I slope and question whether the law speaks to how steep a slope should be. Atty. Correnti stated that he did not believe that the lacy addresses that but noted that erosion control is the concern there and they are looking to make the slope more stable than what exists. ,loan Griffin expressed her concern that at one point they are filling about 20 feet from the wetland. She again noted that other cities and towns have distance requirements for filling near a wetland. Bob Crowley asked if there was anyone present at the meeting who wished to comment on the project. There was no one present who wished to comment on the project. There being no further questions or comments from those present, a motion was made by Abby Bums to close the public hearing seconded by Joan Griffin and approved unanimously. 4 I From:Sacco Fax:WS)745.1976 Voice:ryJ6)iE5-1916 To:6E71 CEBSKI at SALEM PLANNING DEPT Pa9e6ol9 1rtuu6aVJuly26,19966:9:17PM • The Commission discussed special conditions for the project. It Nyas decided that they would use special conditions numbers 1, 2, 3. 4. 5. 9, 10. 11, 13, 14, 15, and 16. Joan Griffin requested that they be required to provide for the storm water drainage system maintenance and the rip rap. An. Correnti stated that they would submit a schedule of regular maintenance to the Planning Board, Conservation Commission and the Board of Health. There being no further discussion on the matter, a motion was made by Abby Bums to approve the Order of Conditions for with Special Conditions, seconded by Marylou Mielcar:7 and approved unanimously. CONTINUATION OF A PUBLIC HEARING - 127 MARLBOROUGH ROAD - CLUSTER SUBDIVISION - ATTY. JOHN KEILTY Atty. ,lack Keilty addressed the Commission and noted that since the last meeting they have made changes to their plans. He noted that they have • moved the roadway as close to the road as possible, and they have down sized the houses. He also noted that they have deleted the sidewalks and grassy plot, and they have also removed the retaining wall. Atty. Keilty also noted that City Engineer Charles Quigley is concerned about the elimination of the sidewalks, but they are willing to take the change to the Planning Board. He also noted that special conditions could address this matter. Attv. Keilty stated that they feel that they have reasonably dealt with the swale issue. He explained that there was never an easement granted for drainage by either the Fumari's or the Grasso's, the former owners of the property, and now the Fumari's are stuck with the drainage. He also noted that they may be required to provide an easement for the widening of Marlborough Rd. Joan Griffin asked how far the closest house is from the wetland. Chris Mello stated that lot # 13 is about 21 feet from the wetland. He also noted that the house would be 26' x 44'. Joan Griffin stated that it is still her view that the project is very close to the flagged wetlands and that she is not convinced that the law prohibits her • 5 From'Sa¢o Faa'(50911G5-1916 Vote*:(509)745-1976 To:BETMOEBSNI at SALEM FLPNN)NGDEFT Fags 6 OR ThunUry,JuIVN.19956:09:]6 PM • from using her common sense on this matter. She noted that she is also concerned about the landscaping and that whatever goes on the lawn along the wetland will end up in the wetland. She stated that she would not vote for the project in it's current form. Atty. Keilty responded to Ms. Griffins comments noting that he believes that he could probably get within a foot of the wetland and still be within the letter of the law. He also noted that he knows DEP has approved projects such as this. Bob Crowley stated that he is also concerned about the landscaping being so close to the wetlands. Attv. Keilty stated that they would install haybales and could grant an easement which would give the Commission more control. Chris Kent stated that he does not want to see the sidewalks removed. Abby Bums noted that it was a beautiful site, but questioned why they are putting so many houses on the site. Atty. Keilty stated that they did look at • other designs, and they had informal discussions with the Planning Board and they came up with this plan as the result of those discussion. There being no further comments or discussion on the matter, Joan Griffin made a motion to deny the Order of Conditions for the project. There was no second on the motion. Atty. Keilty questioned whether Joan Griffin should vote on the matter since she was not present at the start of the public hearing. Ms. Griffin stated that she talked with Carter Vinson who is a member of the Planning Board and he told her that he thought that she could vote on the matter, and she intends to. Beth Debski noted that there have been opinions from the City Solicitor in the past and his ruling has been that members who are not present for all of the hearings should not vote. Brad Chase noted that he would be abstaining from the vote because he was told that he could not vote if he missed the hearing, since he has been a member, and he is abiding by that. • 6 I Fra.:Sacco Fax'.(509)745 1976 Void:(508)7454916 To BETH OEBSNI a1:SALEM PLANNING DEPT Page of8TunJry,July N.19956:10:00 PM • Motion made by Bob Crowley to approve the Order of Conditions for 127 Marlborough Road, seconded by Chris Kent and approved 4-2 with Joan Griffin voting against, and Brad Chase abstaining. The Commission discussed special conditions for the pntject. Bob Crowley suggested that thev clear the line of demarcation to insure that thev cannot use the wetland ratty. Keilty suggested that they could place boulders 3 feet on center inside the haybale line upgradient. Iie also suggested that they could place a conservation restriction on the deed which would require Conservation Commission approval of any pruning, or cutting, and that the only activity that would be tolerated there would be walking. It was also suggested that the driveway_ on lot #16 be relocated to the southerly side of the house. The Commission chose special conditions 1, 2, 3, 4, 5, 7, 9, 14. and 18. OLD /NEW BUSINESS • Beth Debski addressed the Commission and stated that Joan Griffin requested that she order the Massachusetts Association of Conservation Commissions Guide. She explained that she wanted to make sure that the Commission as a whole want to amend the by laws. She noted that the city by law was written to track the state law, and that the law has changed since the by laws were adopted. She also noted that the local ordinance gives the Commission the authority to issue regulations. Motion made by Abby Bums to order the MACC Guide at a cost of$14.00, seconded by Joan Griffin and approved unanimously. Beth Debski also informed the Commission that Stop & Shop has filed a new notice of intent, and the Commission needs to schedule a Public Hearing. She asked the members if all would be present at the July 13th meeting. Chris Kent stated that he would not be there. The Commission discussed rescheduling the meeting. It was decided that they would meet on July 20, 1995. • 7 From:Sacco Fax:(M01745-1976 Volcc(506)1G5-1916 To:BETH DEBSFI it:SALEM PLANNING DEPT P3909 o19TUndw..JUtyn.19956:11:UPM • Beth Debski noted that there would have to be a meeting in August to conclude the Stop & Shop application. It was decided that the Commission �Nould meet on August 3, 1995. 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 adjoumed at 9:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC062295 • 8 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING JULY 20, 1995 A regular meeting of the Salem Conservation Commission was held on Thursday, July 20, 1995 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Bums, Brad Chase, Bob Crowley, Joan Griffin, and Chris Kent. Also present were Assistant City i'06aii�L-W Planner Beth Debski, and Eileen Sacco, Clerk. J CONTINUATION OF A PUBLIC RIN - NOTICE OF INTENT - 21 PARALLEL STREET - LEONIDAS PHILTPFDFS Elias Hunter of Hancock Environmental addressed the Commission and stated that he was filling in for John Dick, who attended the last public hearing. Mr. Hunter noted that as requested by the Commission the proposed • location for the house has been moved closer to the street, which would make it 20 feet from the edge of the wetland. He also noted that they have filed an application with the Board of Appeal for a variance from front yard set back requirements and the hearing is scheduled for July 26, 1995. Joan Griffin asked how far the landscaping would go in relation to the wetland. Mr. Hunter stated that the landscaping is not on the plan, but they would like a minimum of 5 feet or area in the back of the house to be maintained. Abby Bums stated that she would like to see a compromise of between 10-15 feet in the rear of the house, so that the year would not go right to the resource area. Mr. Hunter suggested 8 feet would be good for them. Joan Griffin stated that she viewed 20 feet for a setback as minimal, but since the Commission decides on a case by case basis, she would agree to the 20 foot setback with a 12 foot setback from the edge of the lawn. • There being no further questions or comments concerning this project, a motion was made by Joan Griffin to close the public hearing, seconded by Abby Bums and approved unanimously. 1 • The Commission scheduled a site visit to the Plummer Home for Boys on Friday, July 21, 1995 at 7:30 a.m. CERTIFICATE OF COMPLIANCE - SOUTH ESSEX SEWERAGE DISTRICT - (SESDl Beth Debski addressed the Commission and stated that she received a request for a Certificate of Compliance from SESD. She explained that they have completed the portion of the project that the request is for, and everything is order and the file is complete. She also noted that they have submitted all of the reports requested by the Commission. Brad Chase asked Beth if he could see the reports. He stated that he would like to review them, and vote at the next meeting. There being no objects the matter was continued to the next meeting. PUBLIC HEARING - NOTICE OF TNTFNT - STOP & SHOP. HOWLEY AND BOSTON STREETS • Atty. John R. Serafini Sr. addressed the Commission on behalf of the Stop & Shop Supermarket Corporation. He stated that the Commission is familiar with the project, and have visited the site. He noted that they have has lengthy reviews with various other Boards and that they received a unanimous decision from the Planning Board for a Planned Unit Development, with a series of conditions, atter extensive Public Hearings and the submittal of all of the information requested. He also noted that the Board of Health, after thorough examination also issued a recommendation and a series of conditions, following lengthy discussions. Atty. Serafini explained the history of the site that they propose to develop. He noted that the property was develop 100 years ago and was the beginning of the leather business in Peabody and Salem from the 1850's to the 1960's. Atty. Serafini explained that the developer proposes to clean up the site, which has been vacant for the last 15 years, and no one has come forward to clean up the site within that time. Atty. Serafini also reminded the Commission that their jurisdiction is limited to the requirements of the Wetlands Protection Act. He stated that they have • filed extensive information and during the coarse of the Public Hearing, the Commission will hear testimony supporting the information submitted. Atty. 4 Serafini also noted that they have submitted the drainage calculations prepared by Eastern Land Survey. Atty. Serafini introduced Paul Sommer of Sommer Environmental, of Wakefield, Mass. to explain the resource areas. Paul Sommer addressed the Commission and identified the resource areas on the plan. He explained that the initial resource area is the North River Canal. He stated that the North River is classified as land under water body. He also identified the bank area associated with the river. The next area he explained was the Bordering Land Subject to Flooding, which he noted was identified using FEMA maps. He also noted that the 100 year flood is indicated here. Paul Sommer also identified 3 isolated areas. He identified an abandoned rail road siding surrounded by concrete on three sides with rail road tracks. He also noted that there is a limited amount of wetland vegetation, with surface runoff that runs to a low point at the rail road tracks. Mr. Sommer also • explained a small depression, where a shed has since burned down. He noted limited wetlands vegetation and stated that neither area supports vegetation or storage of water that is in excess of 6 inches, so they are not protected by the Wetlands Protection Act. Mr. Sommer also noted that there has been a question raised by Dr. Hugh Mulligan regarding an area that may be federally protected, but is not protected by the State. He stated that he hopes to resolve that issue during discussions with Dr. Mulligan and research into the matter. Joan Crriffin asked Mr. Sommer if his information takes into consideration the new regulations that went into effect on June 30, 1995. Mr. Sommer stated that they filed the Notice of Intent on May 26, 1995, and their information is based on the regulations that were in effect at that time. He also noted that the new regulations deal specifically with Bordering Vegetative Wetlands and that soils and hydrology should be used in conjunction with a vegetative community. He stated that there are no Bordering Vegetative Wetlands on the site so that there the new regulations have no bearing on this project. 5 • Joan Griffin asked Mr. Sommer if he thought that the disturbed areas of the site would be able to go on soils. She requested that they provide soils information on the area that is federally protected. Mr. Sommer agreed. Mr. Sommer stated that they are not altering the stability of the bank, and there will be no change in the carrying capacity of the river. He also noted that they will not effect the breeding habitat along the area, and there is no indication from the state that there are any rare or endangered species in the area. Mr. Sommer explained that they are impacting the Bordering Land Subject to Flooding. He noted that they are providing for compensatory storage foot by foot. He stated that they are compensating more storage area than is required. Mr. Sommer also explained that in the event that the North River overflows they plan for that to run onto the site. Mr. Sommer explained that there is no Isolated Land Subject to Flooding, and that there is no indication of amphibians or a certified vernal pool. He stated that the long and the short of it is that the site borders on an area adjacent to the North River and that the Border Land Subject to Flooding has been dealt with in compliance with the Wetlands Protection Act. He also noted that they have worked with the engineers to maintain the water quality of the discharge to the North River and plan for a drainage system to collect the storm water runoff. He explained that the system has been designed to try and minimize the discharge from the commercial development to the North River. Mr. Sommer stated that they have been in touch with the Westboro Office of Fisheries and Wildlife and there are no indications that anadominus fish in the area. He also noted that there are high levels of contamination and subsediments in the North River. He also stated that the vegetation within the North River is a fresh water community. Mr. Sommer noted that he did his Masters Degree in Limnology and that he is if the opinion that all of the species in the North River, emergent and submergent are fresh water. He also stated that there may be slowing of flows out of the river but it is not • strictly tidal. 6 • Abby Bums suggested that Mr. Sommer address Dr. Mulligans comments regarding the plans. Mr. Sommer stated that he would like to work with Dr. Mulligan and discuss his concerns. He suggested that he study the concerns that were raised and come to a satisfactory resolution with Dr. Mulligan. He stated that he would be prepared to address Dr. Mulligans concerns at the next meeting. Abby Burns asked to have the Federal Wetlands area explained. Mr. Sommer stated that they would be required to file with the Arany Corp of Engineers if the area is found to be a federally protected area. Dr. Mulligan addressed the Commission and stated that he raised the question of the federal wetland because he thinks that the Army Corp or Engineers may require them to replicate that and it should be shown on the plan. Brad Chase asked what the distance from the parking area would be from the closest point of the North River. Jim McDowell addressed the question and stated that the closest point of the parking area is approximately 30 feet and it pretty much coincides with the bank of the river. • Marylou Mielcarz questioned the installation of the 15 foot outfall pipe. Mr. McDowell stated that the drainage from the site would be to the North River with an open channel of 6-8 feet. He noted that the 15 feet is what they envision at completion. He also noted that they are looking at a closed culvert which would also be 6-8 feet. Paul Sommer stated that the worst case scenario for the bank would be 15 feet. Abby Burns questioned how the Commission would know who is right about the tide, and suggested that a solidity test be done. Dr. Mulligan stated that the tide in the river is high and low at certain times of the month. He also noted that the WPA called the land subject to tidal action, and the applicant did not day it was there or how it would be protected. Paul Sommer stated that the State does not have performance standards for this type of area, but he would like to review the plan with Dr. Mulligan. Dr. Mulligan stated that his concern is whether the project is going to affect the high and low tides in the river. He also noted that heavy rain fall and runoff coincide with high tides, producing serious flooding in the area. Jim McDowell stated that studies indicate that the 100 year flood published by FEMA for the North • River anticipates 100 year rain fall and runoff or a combination of the h100 year rainfall. 7 • Joan Griffin noted that she read an article in the New York Times on April 28, 1995, that stated that Missouri has had three 100 year floods. She also asked about the effect on the habitat in the area. Paul Sommer stated that there is vegetation along the bank and it is considered a disturbed site. He noted that the site is isolated from the right by the MTA tracks. He also explained that the site has grass, concrete, a shed, and a road that exists. He stated that he has seen birds, Mallards, and Heron but he does not think that they are nesting there. He also stated that the WPA is clear that you only protect a species if it is endangered. He noted that there are squirrels and rats on the site as well as muskrats, and the site is not providing habitat, so they would not be disturbing habitat. Jim McDowell explained the drainage system. He stated that there are three areas that will have site drainage. He noted that they are the parking area, the building and the loading area. He explained that the parking area would have four individual catch basins which will connect to an underground piping or channels which would lead to an underground oil and sediment separator with MDC type traps. He noted that it is designed for a ten year stone compliant with typical subdivision regulations required by cities and towns. Mr. McDowell explained that the runoff from the back portion of the building would be directed to the low point and flow through a culvert to a manhole and to the North River. Mr. McDowell summarized the drainage calculations for the Commission. He noted that the changes in the totals would be as follows: 1. elevation 7- 8 which is the low area close to the rail road tracks would increase by 5,767 cubic feet. 2. elevation 8 - 9 which is the area upgradient would increase by 28,485 cubic feet. 3. elevation 9 - 10 which is a third of the site or better would increase 43,600 cubic feet. 4. elevation 10 -11 which is around the building and the front parking area would increase by 104,000 cubic feet. • 5. elevation 11 -12 which is the Peabody side will increase 116,000 cubic feet. 8 He also noted that the dramatic increase would be lost with the construction of the building. Mike McNeice of VHB addressed the Commission and stated he was requested by Stop & Shop to report on the effect of the project with regards to the Salem Wetlands Ordinance section 344. He explained his findings as follows: Public or Private Water Supply Mr. McNeice stated that there is no public or private water supplies that will be affected. He noted that there are some industrial wells upgradient that the project will not impact. Groundwater Supply Mr. McNeice stated that the site is located on an area of stratified glacial deposits, and although it is not used at this time it does have the potential to • be utilized as a well source. He stated that the proposed development will result in a 15% increase in the imperious area on the site. Mr. McNeice stated that the developer is proposing to install an infiltration system to mitigate the loss of infiltration due to the increase in the imperious area. Flood Control Mr. McNeice noted that there would be an increase in the flood storage capacity after completion of the project. He noted that flood storage areas will be created on the site to compensate for the volume lost due to construction of the building, parking and loading areas, so there will be no adverse effect on the flood control. Storm Damage Control Mr. McNeice stated that the proposed runoff from the site will enter the North River Canal and travel downstream before the peak flow from the upstream watershed, which is approximately 5,000 acres. He noted that an analysis shows that the runoff from the site will enter into the North River • six hours before the North River peak occurs, so that there will be no storm damage due to the development of the site. 9 . Prevention of Pollution Mr. McNeice stated that Bordering Lands Subject to flooding are not considered to be significant to the prevention of pollution. He stated that the developer is proposing to use best management practices such as the use of hay bales and silt fences along the perimeter of the site to control siltation of down gradient areas caused by runoff and migration of exposed soils. He also noted that all areas of the site that are disturbed during construction will be landscaped to prevent erosion. Mr. McNeice also noted that following construction the proposed drainage system will also aid in the prevention of pollution. Protection of Land Containing Shellfish Mr. McNeice reviewed the protection of land containing shellfish. He stated that research indicated that there are no shellfish beds within this area of the North River, so there would be no effect on shellfish. • Protection of Fisheries Mr. McNeice stated that research with the Massachusetts Department of Fisheries and Wildlife indicated that there are no areas to support fisheries in this area of the North River. He also noted that they have indicated due to the contaminated nature of the North River, they do not consider the upper North River as a fishery. Joan Griffin questioned the flood storage and asked what the ratio of replacement would be in terms of what is being lost. Jim McDowell stated that in replication would vary according to the elevations, noting that elevation 9-11 and 10-11 would be around 8-10% while elevation 11-12 would be a 60% increase. Brad Chase expressed his concern about the lack of ability of the catch basins to control some of the chemicals that go into the drainage system. Mr. McDowell stated that the first flush should get the debris from the parking area, and after that it should be relatively clean. Joan Griffin asked if they have percentages on how much debris will be going off the site in the • first flush. Mr. McDowell stated that the system is designed for the one inch storm. 10 • Fred Harney opened the meeting up for public comment at this time. Councillor At Large Bill Burns addressed the Commission and stated that he was a veteran of World War H and the Stop & Shop Wars. He expressed his concerns about the drainage system and questions if there would be water in the parking area. Mr. McDowell stated that the first half inch of rain should kick off the water to the oil and gas separators. Raymond Talkington of Ransom Environmental Consultants addressed the Commission on behalf of his client Mr. Lam. He noted that they had questions that they submitted to the Commission when the first Notice of Intent was filed, and was withdrawn, and asked if he should resubmit them again, since this is a new NOI. Beth Debski stated that they should submit their questions again. Mr. Talkington also questioned whether the applicant has paid the filing fees for the new Notice of Intent. He noted that his copy of the NOI showed the same checks from the original NOI. Beth Debski checked the file and • showed the Commission copies of new checks that she received on May 25, 1995. Mr. Talkington also requested that he receive copies of any new submittals to the Commission. Mr. Talkington also questioned if Gulf of Maine reviewed the drainage calculations, and asked who would review and approve them. Beth Debski stated that the City Engineer has reviewed them and signed off on them. Joan Sweeney of 22 Silver Street addressed the Commission and expressed her concern that this is a blatant abuse of zoning. She also noted that she does not see any accommodation being made for the pond. She also expressed her concern about the impact on the homes in the area and noted that there is a flooding problem on Harmony Grove Road. Mrs. Sweeney also noted that she has done research on the site and Massachusetts Historic and the Salem Historic Commission have also been interested in the site. She stated that it is the colonial site of Captain William Trask and she has documented that with maps and research. Maureen Kiley of 15 Bow Street addressed the Commission and stated that . Stop & Shop goes from Board to Board promising everything. She questioned whether they will care about the closed sign on the Purity store 11 L after this store is built. Fred Harney addressed Mrs.. Kiley and stated that her concerns are not within the perview of the Commission. Fred Harney noted that it is getting late and suggested that they continue the Public Hearing to a later date. Joan Griffin asked the applicant if they would be addressing the hazardous waste issue at the next meeting. Atty. Serafini stated that the expert was present now and they could give a presentation. Charles Creeley of GZA addressed the Commission and stated that there have been three major studies done on the site that are on file with Massachusetts DEP. He stated that his study was designed to fill in the gaps of the other studies. He stated that they dug holes to the groundwater and tested solid water samples. He also noted that there have been fifty test pits done on the site, and twenty five monitoring wells have been installed and there is no significant amount of hazardous material. • He noted that there are some underground storage tanks which will have to be removed, and there is some contaminated soil that will have to be removed if needed. He stated that they could reuse it in the parking area after it is recycled if it is suitable. He also noted that out of 20 samples there was no groundwater that above the state limits. He also noted that this indicates that the site was well maintained. He submitted an Executive Summary which the Commission marked exhibit #5. Joan Griffin requested that a copy of the report be submitted to the Commission. Mr. Creeley noted that Stop & Shop Commissioned him and the report has not been submitted to DEP. There being no further questions or comments at this time, a motion was made by Chris Kent to continue the Public Hearing to August 15, 1995, seconded by Abby Burns and approved unanimously. There being no further business to come before the Commission at this time a motion was made by Joan Griffin to adjourn the meeting, seconded by Bob Crowley and approved unanimously. 12 • The meeting was adjourned at 10:45 p.m. Respectfully submitted by: <zZee"'7f-A� Eileen M. Sacco, Clerk 13 SALEM CONSERVATION COMMISSION MINUTES OF MEETING WEDNESDAY, AUGUST 16, 1995 A regular meeting of the Salem Conservation Commission was held on Wednesday, August 16, 1995 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Bums, Marylou Mielcarz, Brad Chase, Joan Griffin, Chris Kent, and Bob Crowley. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. CONTINUATION OF A PUBLIC BEARING - P . TMMER HOME - WINTER ISLAND ROAD David Therrien of New England Power Service addressed the Commission on behalf of the Plummer Home to answer questions that the Commission might have concerning the proposed work to be done at the Plummer Home site. • Fred Harney noted that the Commission held a site visit and asked if the Commission had any questions. Mr. Therrien stated that they intend place rip rap above the high water mark in areas where there has been severe erosion, and to reduce sediment and erosion. Chris Kent stated that he was concerned about the size of the material that they intend to use. Fred Harney agreed and suggested that a minimum size should be established. Mr. Therrien noted that in two locations the slope is concaved. Brad Chase noted that the area is real close to the mean high tide, and suggested that they should have some method in place to prevent fill from going in there. Joan Griffin asked if Mr. Therrien would be involved in the process of placing the rip rap. Mr. Therrien stated that John Hayes a former member of • the Board of Trustees at the Plummer Home would be available to over see the project, and he suggested that he as well could be involved, but at this point he has been called upon for the technical assistance that they needed for the approval process. Marylou Mielcarz asked how long the project would take to complete. John Hayes stated that they need to fund raise and that they should be done within six months to a year. Abby Burns expressed her concern that the Commission could not be sure if the state should be notified about this project. Joan Griffin expressed her concern that there is no plan, and she understands that the Plummer Home does not want to go to great expense, but she feels that carte blanche could be give to anyone with a truck can go in there and dump. Brad Chase agreed and suggested that he would like to see more detail in the mapping. Joan Griffin suggested that the Commission could map out the Mean High Tide and tell them to cut it back 10 feet. She also noted that at the tight spots they will be in the high tide. Fred Harney suggested that the Commission could give them an order with a 10 foot set back. It was also • suggested that they mark the areas proposed prior to any work being done. Chris Kent questioned whether they plan to dump the rip rap or place it. Mr. Therrien stated that they would probably dump the small ones and place the larger ones. He also explained that the rip rap would be placed on higher ground and then placed with a back hoe. Fred Harney opened the hearing up for public comment at this time. There was no response. There being no further questions or comments at this time a motion was made by Abby Burns to close the public hearing, seconded by Joan Griffin and approved unanimously. Motion made by Abby Burns to issue an Order of Conditions with special conditions, to the Plummer Home, seconded by Joan Griffin and approved unanimously. The Commission discussed special conditions for the project. The applicant shall notify the Conservation Commission in writing that the • points have been set. 2 • All work and rip rap should be 10 feet back from the mean high tide. Work south of the concrete steps should be no more than 30 feet. The size of the stone should be a minimum of 1 foot and should be placed with a back hoe. The Clerk of the Works from the Salem Planning Department shall be allowed on the site at anytime to inspect the work. The applicant shall obtain all necessary permits from the state and federal agencies which may have jurisdiction. The Commission also chose 13 special conditions from the standard list that the Commission uses. Motion made by Bob Crowley to approve the special conditions for the Plummer Home, seconded by Joan Griffin and approved unanimously. CONTINTJATION OF PUBLIC HFARING - STOP & SHOP SUPERMARKET O P - ATTY JOHN SERAFINI SR Atty. John Serafini Sr. addressed the Commission and recalled that at the last meeting they discussed the project and went through items of concern. He noted that there were questions raised and that they were asked to work with Dr. Hugh Mulligan of Gulf of Maine Research Inc. to address those concerns. Atty. Serafini stated that since the last meeting they have filed information in response to the questions raised, and that they have addressed all of the issues. Fred Harney asked if the Commission had any questions at this time. Joan Griffin noted that there is an area of hazardous waste on the site and that she did not see mention of the settling pit in addition to the tanks. Paul Sommer addressed the question and stated that the area was identified on historic plans of the site as a solvent pit, and they detected low levels of volatile organic compounds. Joan Griffin asked if they would have to dispose • of the material off site. Mr. Sommer stated that the area in question is on the Peabody side of the site and the concentrations are not large enough to 3 • require removal. Joan Griffin noted that she is concerned that if they are removing soil from the Peabody side and they could store it on the Salem side. Joan Griffin asked if the Peabody Conservation Commission addressed the issue. Jim McDowell stated that Peabody is aware of it. Atty. Serafini addressed Ms. Griffin and stated that if remedial action is necessary they would have to go back to the Peabody Conservation Commission for the proper approvals. Joan Griffin stated that she would be reluctant to approve the project, not knowing what the construction practices would be. Paul Sommer stated that they would not move contaminated soil too far. Jim McDowell pointed out the area in question on the plan. He also suggested that the Commission could condition the plan so that no hazardous material could be moved from the Peabody side to the Salem side. Mr. Lindberg of GZA addressed the Commission and explained the location of the tanks and the solvent pit. He noted that the tanks and associated soils would be removed and stockpiled close to the site. He also noted that the settling pit is below the level of reportable concentrations, and as such it could be left there and be capped by the parking lot. 1n • Joan Griffin also noted e that she talked with Bill Luster and notedaqt the information received on the first flush that she had requested, de nate. q wasi She stated that she wanted to know if there were studies that showed the percentage of pollution that actually goes off on the first flush. Chuck Katuska who was present at the meeting in place of Mike McNeil addressed the question and stated that of the storms that occur in Boston which is about 22 per year, 15-17 are less than a 1/2 inch of rain. He also noted that all of the water that drains on the site would be treated with the drainage system. Joan Griffin noted that she is concerned that there could be a foot of water on the site and questioned what percentage of the pollution would be removed. Dr. Hugh Mulligan stated that 40-90% of the pollution could be removed in the first flush. Joan Griffin noted that it is a big range and she is concerned about the pollution getting into the river, noting that it seems that the water is getting cleaned up there. Jim McDowell stated that the system has been designed to handle the first half inch of rain in a 100 year flood. Abby Bums expressed her concern that the setback is 30 feet in some areas and 50 feet in others. She stated that she did not think that this is adequate • and that it is too close to the river. Joan Griffin agreed and explained to those present that the Commission has been researching the set back requirements 4 • in other communities. Mr. Katuska noted that this is a redevelopment of a site and that the set back requirements that Ms. Grimm referred to generally apply to undeveloped sites. Abby Bums stated that they should take the river into consideration. Atty. John Serafini noted that they have to comply with existing laws and they have. He stated that the design has been set and it is in compliance with existing zoning. Joan Griffin asked Atty. Serafini if the Commission were to decide that they wanted a 50 foot set back if they would revise the plan. Atty. Serafini replied that the Commission should act on the plan that has been submitted. Marylou Mielcarz asked if there was a drainage system available that could hand all types of storms. Mr. McDowell stated that the amount of fill on the site would be a constraint on the flood plain, and its proximity to the canal. Abby Burns stated that if they had a bigger setback it would make a difference. Joan Griffin suggested that fewer parking spaces on the site would create less pollution. • Fred Harney asked how often they plan to maintain the parking area. Mr. McDowell stated that they would sweep the area before and after the sanding season and do inspections at that time as well. He stated that the times of the year would be late fall and early winter, and early spring and late summer. Chairman Harney opened the meeting up for public comment on the project at this time. Atty. William DiMento, 990 Paradise Rd. Swampscott, addressed the Commission and stated that he was representing Maureen Kiley and the neighbors. He informed the Commission that he reported a violation to DEP this week when he sighted heavy equipment belonging to the City of Peabody on the Salem side of the property, removing material from the river bank. Atty. DiMento also expressed concern about the nature of soils report from GZA noted that the soil was silt, soil, and sand and was therefore not as compact as the applicant has stated. He also expressed concern about the elevation of the topography. • Ray Talldngton from Ransom Environmental addressed the Commission on behalf of the neighbors. He questioned the position of the outfall pipe, noting 5 • that it would appear that the drainage would be flowing upward. Jim McDowell explained the elevations of the outfall pipe. Mr. Talkington stated that he thought the plans have been changed. Mr. McDowell acknowledged that there have been changes. One being the two areas proposed on the Salem section which was to be a storage compensation area and a storm water detention basin. The other was a Planning Board issue and they decided to remove the detention area and compensatory storage area. Maureen Kiley of 15 Bow Street, Salem addressed the Commission and stated that she is concerned about the discharge to the river. Michael Averill of Grove Street addressed the Commission and questioned whether this was the same file that is on file at the Library. Mr. McDowell stated that this was the plan that was filed with the Planning Board showing the changes that the Planning Board requested. Ray Talkington questioned if the drainage calculations had been signed. Hugh Mulligan addressed the question and stated that they had been signed • and stamped by Clayton Morin. Jim McDowell stated that the drainage calculations have not been changed or altered since the plan was filed. It was also noted that the City Engineer submitted a report on the drainage calculations to the Planning Board. Joan Griffin stated that she would like to see something in writing or invite Mr. Quigley to the next meeting to discuss the drainage calculations with the Commission. She stressed that she wants either a substantial reports and if possible the City Engineer to address the issue. Joan Griffin also expressed concern about the use of deicing salts and the types that could be used in the area. Mr. McDowell noted that while the Peabody Conservation Commission's Order of Conditions has been appealed, they conditioned a ban on salt, and that is being addressed by DEP. He also noted that they are proposing a 2.5% - 5% low salt mixture. Joan Griffin asked if they knew what the contaminated substance was in the contaminated zone. Mr. McDowell stated that it was trichlorethelene. Joan Griffin asked if the wells looked deep enough to get deeper sample of levels • which may have sunk to detect PCE & TCE. It was explained that the GZA soil samples from the solvent pit area showed concentrations that were well 6 • below clean up standards. It was also noted that the substance would break up and there was not likely to be any one area with bigger amounts than the others. Atty. Serafini noted that the Commission should only be concerned about matters within their jurisdiction. Joan Griffin stated that she felt that the Commission should address matters that might migrate from the Peabody portion of the site to the Salem side. Hugh Mulligan stated that subsequent testing will be done if it is needed during construction. Mr. Talkington addressed the Commission again and questioned how the drainage system works and what would happen if it backed up. Charles Katuska stated that barring catastrophic flooding conditions, such as if the water were over the railroad tracks, there would be slowing of the flow and as the flow slows the capacity to the system would be marginally increased, so the river would rise faster than the parking area would drain. • Michael Averill questioned the use of a portion of the parking area for compensatory storage noting that if the water comes up above that level that the oil trapped in the system would back up and go into the river. Jim McDowell explained that the way the system is operated when it rains the water will flow into the drainage system and the oil will stay trapped in the grit separaters. Mr. Averill asked how the land would be affected by having salt water brought up by heavy rain. Paul Sommer stated that he looked at the site with Dr. Mulligan and noted that the area is tidally influenced but there is no indication that there is any intrusion of the salt water wedge. Maureen Kiley asked if the water has been tested. Paul Sommer stated that there are aquatic microphites and tidal influent lands but no sign of fisheries or shellfish present. Fred Harney asked if Stop and Shop had maintenance plans for other stores and what the details were. Atty. Serafini stated that they would get that information for the Commission. • Joan Sweeny addressed the Commission and stated that her research does not show a leather factory on the Salem portion of the property. She also 7 questioned whether there would be a detention pond on the site. Jim McDowell stated that a retention area or compensatory storage area is a depressed area with a outlet pipe and would be planted to drain water. There being no further questions or comments at this time Fred Harney suggested that the Commission close the public hearing. Motion made by Bob Crowley to close the public hearing seconded by Mary Lou Mielcarz. The Commission discussed the motion. Joan Grim stated that she did not think it was time to close the public hearing since she still wants information from the City Engineer and the information about the maintenance of the drainage system still needs to be reviewed. The commission voted on the motion and it was denied with 3 members voting in favor and 4 members opposing. Motion made by Abby Burns to continue the public hearing to September 14, • 1995, seconded by Chris Kent and approved unanimously. There being no further business to come before the Commission at this meeting, a motion was made by Abby Bums to adjourn the meeting, seconded by Bob Crowley and approved unanimously. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC081695 8 SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, OCTOBER 12, 1995 A regular meeting of the Salem Conservation Commission was held on Thursday, October 12, 1995 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Mary Lou Mielcarz, Abby Bums, Bob Crowley, and Joan Griffin. Also present were Assistant City Planner Beth Debski, Tom Kehoe and Eileen Sacco, Clerk. � P PI JBLIC HEARING - NOTICE OF INTENT - S .SD - HARMONY ('TROVE ROAD Atty. John Darling of Serafini, Serafini and Darling addressed the Commission and introduced Ray Masak, Senior Project Manager for SESD, • Doug Burgess of ATC Environmental, and Joanne Bums, Senior Project Manager from ATC to the Commission. He explained that they propose to clean up the site at Harmony Grove Road which houses a grease and grit chamber which is filled with ash from the incinerator. He introduced Doug Burgess to speak on the project. Mr. Burgess explained that they plan to remove the ash from the chamber and dispose of it. He also explained that they will bring in the equipment and would use a clam shell or a bucket. They will also have dewatering equipment on site if they need to dewater the ash. He noted that they would remove the water if any from the ash before it is moved to trucks for disposal. Mr. Burgess explained that they would install a silt barrier down gradient from the North River Canal, and upon completion the site would be revegitated. He also noted that the service bay building would be removed and a modular building would be erected so that they will continue measuring the flow from Peabody. i Abby Bums questioned why they were doing this project. Atty. Darling stated that they are removing the material as a precaution, and they want to improve the site. Joan Griffin asked how long the project would take. Mr. Burgess stated that it would take about a month. Joan Griffin questioned whether the chamber would be left open during the project. Mr. Burgess stated that the chamber would be open during the project. Ms. Griffin expressed concern that it could be a hazard to leave it open and suggested that they consider covering it up when they are not working in there. She also expressed concern about the chamber flooding during excessive rain fall. Mr. Burgess stated that the chamber would not flood over the property since it is 20 feet into the ground. Ms. Griffin asked Mr. Burgess if he thought the chamber was sound and if it would leak. Mr. Burgess stated that he felt that it was sound and that there would be no leakage. Ms. Griffin asked what the chamber would be capped with. Mr. Burgess stated that it would be capped with earth. Ms. Griffin asked to have the location noted in relation to the North River. Mr. Burgess noted that the location was 50 feet from the North River. Ms. Griffin asked where the trucks would be located on the property. Mr. Burgess stated that • they would leave that to the discretion of the contractor, but suggested that they would probably use the paved area. Fred Harney asked what time of year they plan to do the work. Mr. Burgess stated that he thought they would do it sometime between January 1996 and March 1996. Mr. Harney asked if they would be stockpiling any material. Mr. Burgess stated that there would be no stockpiling, noting that they would do the dewatering on a truck. Fred Harney asked if they have any future plans for the property. Atty. Darling replied that they will store monitoring equipment in the modular building and continue to measure the flow from Peabody. He also noted that they have filed with the Peabody Conservation Commission and will be meeting with them on October 25, 1995. Abby Bums stated that she felt that a site visit would be in order. She also suggested inviting the Peabody Conservation Commission to join them. Bob Crowley asked if they would be covering the trucks that will be removing the ash from the site, noting that he was concerned about it being driven through the streets of Salem uncovered. Mr. Burgess stated that the trucks would be covered, and they would probably travel through Peabody. 2 i� Tom Kehoe asked if there would be an Environmental Engineer or someone from OSHA on site. Joanne Bums stated that there would be daily visits to the site and that someone should be there for four hours at a time. Fred Harney opened the Public Hearing up to public comment at this time. There was no response. There being no further comments or questions regarding the matter at this time a motion was made by Abby Bums to continue the Public Hearing to October 26, 1995 The Commission scheduled a site visit for Friday, October 13, 1995 at 8:00 a.m. REQUEST FOR EXTENSION - ORDER OF CONDITIONS #64-210 - SESD Atty. John Darling addressed the Commission and requested an extension of • Order of Conditions 964-210 for three years. He explained that the order governs a portion of the construction work on the districts secondary treatment facilities project. He noted that when the NOI was filed in 1992 it was expected that the project would not be completed until late 1997 and that there would be need for an extension permit. He further noted that while the construction schedule calls for the district to achieve full operation of the facilities by October 29, 1997 there may be some unfinished construction details after that date or unforeseen delays in construction and they would like to extend the permit for a full three years. Atty. Darling also reviewed the special condtions imposed by the Commission and noted that they are being adhered to. Joan Griffin asked if they found any hazardous material or anything that they did not expect during construction. Mr. Masak stated that they had some concerns about how deep the hole was but that was all. There being no further questions or comments regarding this matter, a motion • was made by Abby Bums to extend the Order of Conditions, seconded by Bob Crowley and approved unanimously. 3 OLD I NEW BUSINESS Fred Harney reported that he suspects Mr. Raby is dumping again on Story Street. Beth Debski stated that she is going out there on Friday to check on it. Brad Chase reported that he attended a workshop on storm water pollution. Beth Debski reported that she has received several calls from the neighbors on Monroe Road complaining about the chain link fence that was put up for the GTE project. She noted that the Commission wanted the fence for security and to keep people from dumping there. She also noted that she talked with Councillor Blair and he wants the fence to remain. Fred Harney agreed noting that it could be a liability. Beth will work on this and report to the Commission at the next meeting. APPROVAL OF UIN=S The minutes of the meetings of June 22, 1995, July 20, 1995, and August 16, 1995 were presented for approval. Motion made by Joan Griffin to approve the minutes as amended, seconded by Mary Lou Mielcarz and approved unanimously. There being no further business to come before the Commission at this meeting, a motion was made by Abby Bums to adjourn the meeting, seconded by Joan Griffin and approved unanimously. The meeting was adjourned at 8:10 p.m. Respectfiilly submitted by: • Eileen M. Sacco, Clerk ocl01295 4 SALEM CONSERVATION COMMISSION NIINUTES OF MEETING THURSDAY, OCTOBER 26, 1995 A regular meeting of the Salem Conservation Commission was held on Thursday, October 26, 1995 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Bums, Mary Lou Mielcarz, Chris Kent, Joan Griffin, Bob Crowley, and Brad Chase. Also present were Assistant City Planner Beth Debski and Eileen Sacco, Clerk. CONTINUATION OF PI JBL.IC HEARING - SF.SD - HARMONY GROVE ROAR Atty. John Darling addressed the Commission and noted that the Commission held a site visit and asked if there were any questions that they • would like answered. Abby Bums suggested that she would like to see hay bales included in their plan. Fred Harney agreed and suggested that they do both hay bales and a silt fence. Joan Griffin stated that she would like to see the open pit covered during rain fall. There being no further questions or comments a motion was made by Abby Burns to close the public hearing, seconded by Joan Griffin and approved unanimously. Motion made by Brad Chase to issue an Order of Conditions to SESD for Harmony Grove Road, seconded by Mary Lou Mielcarz and approved unanimously. The Commission discussed special conditions for the project. Fred Harney stated that they should amend condition #5 to include hay bales and a silt fence. Joan Griffin stated that she would like a condition to state that the specifications should include that some kind of covering should be used during rainfall, and that they should cover the pit especially early on before the pit gets too deep. She also noted that the contractor would probably want to cover the material since they have to dewater the material if needed before it is removed. Fred Harney noted that the road and entrance way should be swept and kept clean. Motion made by Joan Griffin to approve 12 special conditions for the SESD Harmony Grove Road project, seconded by Brad Chase and approved unanimously. PI IBLIC HEARING - NOTICE OF INTENT - S . D - HARMONY GROVE ROAD - PROPOSED DEMOLITION Atty. John Darling addressed the Commission and noted that this project will • be completed following the completion of the removal of the ash. He explained that they propose to demolish an existing building and put a prefabricated building to house monitoring equipment that is used for billing purposes for the City of Peabody. He also noted that most of the work is on the Peabody portion of the site, but they filed with both Commissions. He introduced Ms. Emily Cox to explain the technical portion of the project. Ms. Cox explained that they intend to demolish the existing structure to the slab and install the new prefabricated building on the existing slab. She stated that the new building will be 12' X 25' and the extra portion of the concrete slab will remain as like a concrete deck. She noted that there is no need for excavation and the services performed there will remain the same. Ms. Cox explained that they propose to keep the hay bales and silt fence from the ash removal project and extend them to the property line. She also noted that they will maintain them and replace them as necessary. She noted that this project is a major clean up of the area. Abby Bums asked if there would be a new fence installed. Atty. Darling stated that a new fence is specified in the plans for the front of the property. 2 Brad Chase questioned if the discharge pipe was on the plan. Ms. Cox stated that there is an old culvert and it appears that it drains the site she also noted that the plans that they used were old. Joan Griffin noted that the plans call for the refueling of equipment on the property. Ms. Cox stated that it was an oversight and that they do not need to do that on site, and she will see that it is corrected. Chris Kent pointed out that the wording was prohibited not permitted, and it was noted that the plans are correct. Bob Crowley asked if the building would be heated. Atty. Darling stated that it would be heated with electric heat. Fred Harney asked when they would do the work. Atty. Darling stated that they were looking at June after the completion of the ash removal project. There being no further comments or questions regarding this matter a motion was made by Abby Burns to close the Public Hearing, seconded by Mary • Lou Mielcarz and approved unanimously. Motion made by Abby Burns to issue an Order of Conditions for the demolition of the building by SESD on Harmony Grove Road, seconded by Chris Kent and approved unanimously. The Commission discussed special conditions for the project. Fred Harney suggested that the city Clerk of the Works inspect the hay bales and the silt fence and approve the continued use of them for this project. Fred, Harney also expressed concern that this would be used as a storage area. Atty. Darling stated that he could not promise that there would never be anything stored there but that if the Commission finds any that they have a concern about anything they should call them and make them aware of their concerns. Motion made by Joan Griffin to approve 12 special conditions for the demolition of the building by SESD on Harmony Grove Road, seconded by • Mary Lou Mielcarz and approved unanimously. 3 • PUBUC HE RIN , - NOTICE OF INTENT - OS AM SYLVANIA INC.. 60 BOSTON STREET Bob Graham of Cutter Associates addressed the Commission on behalf of Osram Sylvania. He explained that their plans are to demolish several of the buildings at the Boston Street location, with the exception of one building. He stated that they would take the buildings dowm to 8 inches below the paving and fill it using a filtration screen and crushed stone and them loam and seed. Building F is in the buffer zone of the tidal canal. Fred Harney asked what activity is in the buildings. Mr. Graham stated that they were used for research and development labs and for the storage of lamps. Beth Debski asked if there was any hazardous material in the buildings. Mr. Graham stated that they went through all of the buildings and they packed the labs and drummed any materials and removed them. Beth Debski asked if there was any asbestos on the property. Mr. Graham stated that they did a • survey of all of the buildings and asbestos removal would be done before the demolition. Mr. Graham stated that the structural integrity of the older buildings is the reason Osram decided to demolish them. Beth Debski noted that the city is not supportive of the demolition until they see a redevelopment plan for the site. Mr. Graham stated that they met with the Salem Historic Commission and the matter was continued until November 15, 1995. Fred Harney stated that he would like to do a site visit to look this over. Beth Debski noted that the Historic Commission held a site visit and there were some issues but she his not sure what they are. Beth Debski asked Mr. Graham if they notified the abutters to the project of this meeting. Mr. Graham stated that he did not, and that he thought it was the Planning Department who did that. Beth Debski explained that the law changed a couple of years ago and that it is now the applicants responsibility. Beth stated that they would have to re-advertise the public hearing and start • over since the abutters were not notified. 4 Fred Harney suggested that the Commission have a site visit before the public hearing. The Commission scheduled a site visit for Saturday, October 28, 1995 at 8:00 a.m. OLD / NEW BI JSINESS Beth Debski informed the Commission that the Pickman Park neighbors have been policing the area and that it was agreed that after a two week trial period the Commission would ask GTE to put up a split rail fence to match the existing fence, and they would take down the chain link fence. She will send a letter to GTE requesting the fence. Joan Griffin asked about the status of the regulations changes that she has suggested. Beth Desbki noted that the girl that was working on that has left, and that Tom Kehoe will be taking that over. Beth Debski informed the Commission that the Stop & Shop decision was appealed to DEP. • Fred Harney asked about the dumping on Story Street. Beth Debski stated that Will Beaulieu checked the area and there is no sign of dumping. There being no fiuther business to come before the Commission at this meeting, a motion was made by Chris Kent to adjourn the meeting, seconded by Abby Bums and approved unanimously. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk cc102695 5 From:Sacco Fax:(508)745-1976 Voice:(608)745.1916 To:BETA DESSKI at:SALEM PLANNING DEPT Page 2o15 Wednesday,December06,199510:A7:53 AM f • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, NOVEMBER 9, 1995 A regular meeting of the Salem Conservation Commission was held on Thursday, November 9, 1995 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Hamey, Abby Bums, Joan Griffin, Chris Kent, Bob Crowley, Mary Lou Mielcara, and Brad Chase. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. GTE SYLVANIA - INFORMATIONAL MEETING WITH GZA Ed Hawkins of GZA addressed the Commission and explained the progress of the glass landfill closure at Sylvania. He noted that in accordance with condition #33 of the Order of Conditions issued by the Commission he was also submitting a report on the nature of the glass fill activity. Mr. Hawkins • stated that they are pleased with the amount of glass that they were able to excavate with the machine. He also explained the photographs in the report. Mr. Hawkins reported that there remains a small portion of the capping project, and noted that they are currently laying the liner and through the next week he invited the Commission members to go to the site to see the project. Fred Harney noted that there have been heavy rains lately and questioned if that was a problem. Mr. Hawkins stated that there was not problem with the rain, but that wind has been a problem while they are installing the liner. Abby Bums asked if there has been any dumping along the road. Mr. Hawkins stated that it has not been a problem. Brad Chase asked if GZA would be doing the planting for the project. Mr. Hawkins stated that Bestman Greens of Salem would be doing the planting. There being no further questions or comments at this time the Commission thanked Mr. Hawkins for attending the meeting. • 1 i Rom:Sacco Fax:(50Q)746-1976 Vo1co:(W9)1C5-1916 To:BETH DEBSKI a1:SALEM PLANNING DE" Pa9a905 WaC�aaEay,DacamCaf06,199510:48:58AM • DETERMINATION OF APPLICABILITY - I BROOK STREET PHILIP AND NANCY SINGLETON Atty. Jack Keilty addressed the Commission on behalf of his clients Philip and Nancy Singleton and noted that they have entered into a purchase and sale agreement with the owners of 1 Brook Street, and they plan to build a single family house on what is shown on the assessors map as 2 lots. He noted that they plan for a turnaround easement on their property and no parking will be allowed on that portion of the driveway. He explained how the lots sit on the plan. He also explained that they have been granted a waiver from sidewalks since there are none on that street, and it would create a less impervious area in the general vicinity of the wetlands. He also noted that they propose to extend the roadway to extend the width of the street, but will make it no wider than what exists. He also noted that the sewer is there so there would be no excavation and the water will be extended from 43 Brook Street. Atty. Keilty explained the location of the Brook. He stated that it is well defined and there is ready access to it and it is clean and well maintained. • He also noted that this house will be no closer than any of the property that is there now and they are not performing any activity in the bank and are not impacting the resource area. Atty. Keilty stated that the extension of the roadway would be within 100 feet of the buffer zone, but they are building out of the buffer zone. Abby Burns asked where the brook comes from. Atty. Keilty stated that it comes from behind St. Anns under Jefferson Avenue beyond Lawrence Street and to the South River. He also stated that they are willing to provide a row of hay bales if the Commission sees fit, noting that they have no objection to doing that but there is no grade change, noting that there is a 40 foot grass area before the grade change. Abby Burns asked if the Brook ever floods. Atty. Keilty stated that there is no testimony as to flooding from the neighbors. Fred Harney asked who would maintain the turnaround. Atty. Keilty stated that the owners would maintain the turnaround, and there is a Planning Board condition that prohibits parking in that area. • 2 From:Sacco Fm:(WB)745-1976 Vale.:(WB)745-1976 To:BETH DEBSKI a1:SALEM PLANNING DEPT Pagesa ol5 Wednesday,Docambor06,199510:50:08 AM • Beth Debski noted that the Planning Board also conditioned that the front door of the property be on Brooks Street. Chris Kent questioned if the neighbors had been notified of this meeting. Beth Debski stated that it was advertised in the news paper, but they were not required to individually notify the neighbors. She also noted that at the Planning Board public hearing the Councillor Donahue and the neighbors were opposed to the extension of the roadway, but when they changed the extension from 100 feet to 50 feet they were satisfied. Fred Harney asked if the Singletons intend to live here. Atty. Keilty stated that they do not intend to live there they intend to sell it. There being no further questions or comments a motion was made by Abby Bums to close the public hearing, seconded by Joan Griffin and approved unanimously. Motion made by Abby Bums to issue a Negative Determination for 1 Brook Street, seconded Joan Griffin and approved unanimously. • The Commission discussed special conditions for the project. Joan Griffin stated that she felt that this is one of the few cases where a negative determination is appropriate because the area is flat. She also suggested that a line of haybales would be helpful in determining where the Commission does not want things stockpiled. Motion made by Brad Chase to approve 2 special conditions, seconded by Abby Bums and approved unanimously. CERTIFICATE OF COMPLIANCE - VAN WATERS AND ROGERS Beth Debski addressed the Commission and noted that she received a letter from Van Waters and Rogers requesting a Certificate of Compliance. She also noted that Will Beaulieu inspected the site and everything was done perfect, noting that the contractor was very thorough. Motion made by Abby Bums to issue a Certificate of Compliance to Van Waters and Rogers, seconded by Joan Griffin and approved unanimously. • 3 From:Sacco Fax:(SN)745-1976 Voice:(5N)7454976 To:BETH DEBSKI at:SALEM PLANNING DEPT Pa,9605 WOEn*%dag Dlcambar06,199510.51:13AM • OLD/NEW BUSINESS Beth Debski addressed the Commission and stated that she has been contacted by the DeLisio's who are working with the tennis club on Swampscott Road to possible build a mini golf course. She noted that they are thinking of cuverting the brook and wanted some input from the Commission. She explained that they would like to incorporate the brook into the mini golf course. Joan Griffin stated that she felt that she couldn't approve that if it were right on top of the Brook. Abby Burns suggested that the Commission take a look at the area. Fred Harney noted that the Commission may be setting a precedent, a recalled that a similar request had been received on Station Road. There being no further business to come before the Commission at this meeting a motion was made by Abby Bums to adjourn the meeting, seconded by Brad Chase and approved unanimously. • The meeting was adjourned at 8:30 p.m. Respectfully submitted by: f° IL Eileen M. Sacco, Clerk CC 110995 • 4