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1996-CONSERVATION COMMISSION From:Sacco F.:(506)745-0976 Voicv(509)745-1976 To:BETH DEBSKI at:SALEM PLANNING DEPT Paga2 ofS Thur.dW,Fabmvy 06,19%6-W 01 PM • SALEM CONSERVATION COMMISSION MINUTES OF MEETING JANUARY 25, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, January 25, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Chris Kent, Mary Lou Mielcarz, Brad Chase, and Joan Griffin. Also present were Tom Keough, Conservation Administrator, and Eileen Sacco, clerk. PUBLIC HEARING - NOTICE OF INTENT - OSRAM SYLVANIA INC 60 BOSTON STREET Atty. Joseph Correnti addressed the Commission on behalf of Osram Sylvania, Inc. and present a Notice of Intent for the demolition of 3 buildings located at 60 Boston Street. Attv. Correnti noted that a site visit was held and it was noted that the bordering land subject to flooding was not on the plan, and it has since been put on the plan. • Atty. Correnti explained that Osram has been marketing the property for a couple of years unsuccessfully and they have decided that the best way to market the site would be to demolish the building. He noted that they are looking for a mixed use for the redevelopment of the site and that they have been working with the Planning Department and the City_ Planner on the issue. Atty. Correnti noted that there is a series of catch basins on the property and they have had a contractor clean them out and they are all functional. He also noted that they are tied into the city storm water drainage system which goes across Bridge Street and into the North River. He also explained that they would be fitted with covers to catch debris, and they will be maintained. He also noted that hay bales are proposed to be installed around the entire resource area, as well as a filter screen to be installed along the chain link fence to protect the resource area from excess storm water. Atty. Correnti also noted that vehicular traffic will enter and leave the site on the Boston Street entrance and no entries would be made on the Bridge Street entrance. • y From:Sacco FAA:(W8)745-1976 Voice:(508)745-1916 Tc:BETH DEBSKI at:SALEM PLANNING DEPT Page 3 trig TburaEay,February 0.1996 6:07:07 PM • Bob Graham of Cutler Associates addressed the Commission to answer questions that they may have. Joan Griffin asked if there was any hazardous material on the site. Atty. Correnti noted that there are asbestos tiles on building F and they are scheduled to be removed before demolition occurs. He explained that the asbestos tiles would be removed and sealed in bags and placed in a trick to be disposed of properly. He also noted that the contractor would have to follow the proper procedures and he would be closely monitored. Joan Griffin asked if they would be doing any excavation of the areas under the buildings. Atty. Correnti stated that they would be excavating six inches if any, noting that there are no basements in the buildings. Brad Chase asked when thev intend to start the demolition. Atty. Correnti stated that they are on the agenda for the Historical Commission to get a waiver. He also noted that they have put that process off while working with city officials regarding their concerns. Brad Chase expressed his concern that he wants to see as little as possible go into the river. He also suggested that they check the screens on the catch basins at least twice a week and have • them cleaned. Mary Lou Mielcarz asked about the procedure for the removal of the asbestos tiles, specifically the treatment of the building after the removal of the tiles. Atty. Correnti stated that their are procedures that the contractor has to follow and they will forward written specifications to the Commission. He also noted that the removal of the tiles would take place before the demolition happens. Chris Kent asked if there was any insulation in the buildings that may have asbestos components in them. Frank Rossi of Osram addressed the question and stated that most of the asbestos has been removed from the interior of the buildings, and any that is found will be removed following the proper procedures. Chris Kent also asked if there were any tanks that need to be removed. Mr. Rossi stated that the oil tanks were removed two years ago and they have been using gas since then. Chris Kent also asked if the catch basins were fitted with MDC traps. Mr. Rossi stated that they are straight catch basins. • From:Sacco Fax:(5 )745-1976 Voice:(509)745-1976 To:BETH DEBSKI at:SALEM PLANNING DEPT Page of9 ThuradW,Fabmar,r M,19%699:ti PM • Fred Harney asked if any of the buildings have basements. Mr. Rossi stated that building F is on stilts and building A has a crawl space. Chairman Harney opened the hearing to public comment at this time. Joyce Wallace of 172 Federal Street addressed the Commission and expressed her concern that precautions should be taken during the demolition. She noted that the Federal Street Elementary School is close by and expressed concern for the children. Chairman Harney asked Atty. Correnti where they stand in the process with the Historic Commission. Arty. Correnti stated that they are on the agenda for the February 7, meeting. He explained that they have asked to them to continue the matter twice while they work with city officials. There being no further comments or questions regarding the proposal, a motion was made by Joan Griffin to close the public hearing, seconded by Brad Chase and approved unanimously. Motion made by Chris Kent to issue an Order of Conditions to Osram • Sylvania, Inc., for the demolition of 3 buildings at 60 Boston Street, seconded by Mary Lou Mielcarz and approved unanimously. The Commission discussed special conditions for the project. The Commission selected the follow special condtions for the project. 1, 2, 3, 4, 5*, 6*, 7*, 12, 13*, 14, 15, and 18. (* indicates amendment) The following conditions were amended for this Order of Conditions: 5. Prior to the commencement of construction activity, a haybale barrier and silt fence as shown on the plan shall be placed downgradient of construction to prevent siltation to the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. • From:Sacco FAA:(50S)745-1976 Voice:(506)146-1976 To:BETH OEBSKI et:SALEM PLANNING DEPT Papa 6 oIS Thura6ay,FeEruary0S,1998 6:09:M PM • 6. Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Screening over the catch basins shall be inspected and cleaned daily. Any siltation caused onto any wetland or waterway shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 7. During construction, no debris, fill, or excavated material shall be stock piled within 100 feet of the designated wetlands. 13. No spill or discharge of petroleum products or other pollutants will occur within 100 feet of the any wetland resource area. The owner shall submit a plan to the Commission detailing the procedures to be used to control inadvertent spills. Said plan shall be reviewed and approved by the Commission. Motion made by Chris Kent to approve 12 special conditions for the project, seconded by Brad Chase and approved unanimously. • PUBLIC HEARING -NOTICE OF INTENT - 16 CLARK AVENUE - ERNEST DELPERO Mr. Delpero addressed the Commission and explained that lie has a purchase and sales agreement with David Colpitts to purchase a lot at 16 Clark Avenue. Mr. Delpero stated that he is only purchasing a portion of the lot which has been subdivided. He explained that he plans to put a colonial raised ranch on the lot. He also stated that the house would be on a slab and there would be no basement. He also note that he plans to slope the area behind the house. Fred Harney questioned whether the lot had been subdivided. Tom Keough stated that he checked with Beth Debski and she did not recall that it had been before the Planning Board. Fred Harney stated that he would like to check on that further, and suggested that the matter be continued to the next meeting of the Commission. Mr. Delpero agreed and signed a statement agreeing to the continuation. • From:Sacco Fax:(508)745-1976 Voice:(WB)745-0976 To BETH DEBSKI at:SALEM PLANNING DEPT Page6 of Thuridw,,FrSruary09,1996 6:10:16 PM • Motion wde by Joan Griffin to corati��te U nuVic l�e-rine to thse next meeting o e ommission, secon e v ary ou e carz an approved unanimously. PUBLIC HEARING - NOTICE OF INTENT - WENDY'S INTERNATIONAL - CORNER OF PEABODY AND LAFAYETTE STREET Atty. Jack Keilty addressed the Commission and presented a Notice of Intent for Wendy's International, which intends to build a Wendy's on the corner of Lafayette Street and Peabody Street. Atty. Keilty explained that they are abutting the south river, and this is the first of many renovation projects that are expected to take place in that area. He also noted that a fence will be installed to limit access to the river, and future plans call for an outdoor dining area overlooking the south river. Jim Ryan of Ryan Engineering explained the plans to the Commission. He explained that the catch basins will be equipped with MDC hoods and would be tied into Peabody Street, with no connections on Lafayette Street. He also • explained that hay bales and a silt fence would be installed during the construction. Atty. Keilty also noted that they were made aware of the fact that the seller has apparently demolished the building on the property and noted that they are not responsible for that. Joan Griffin noted that the work was done without an Order of Conditions from the Commission and asked for a cease and desist order to be issued. Atty. Keilty stated that the owners of the property are Waterfront Realty Trust, and the principal is Peter True. Fred Harney noted that the plans call for the use of a Y connection and questioned the use of it. Joan Griffin asked hour much of the site was paved. Mr. Ryan stated that pretty much all of it is either concrete or asphalt, noting that at completion the project will reduce the imperviousness of the site. The Commission scheduled a site visit to the property for Saturday, February 3, 1996 at 8:00 a.m. From:Sacco Fu:(WG)745-1916 Voice;(WB)145-1976 To:BETH DEBSKI at:SALEM PLANNING DEPT Papa 1 of9 Thur.dW,FabruaryW.1996 6:11:31 PM • Motion made by Chris Kent of continue the public hearing to February 8. 1996, seconded by Mary Lou Mielcarz, and approved unanimously. REQUEST FOR EXTENSION OF ORDER OF CONDITIONS (64-211) - 18 FREEMAN ROAD Atty. Jack Keilty addressed the Commission and requested an Order of Conditions for 18 Freeman Road. He explained that the order was issued 3 years ago and has expired. He also noted that at the time the permitting process was a lengthy one and that since that time the applicant had some financial troubles which prevented him from going ahead with his plans. He stated that he is now either going to build or sell the property, and would like to do so with all of the permits in place. Joan Griffin addressed the matter and stated that she would like to review the project again, noting that she was not a member when the order was issued and there may be some changes that the Commission would like to make. She noted that the Commission has the right to vote not to extend an Order of Conditions. • Fred Hamey asked the other members of the Commission how they felt. Mary Lou Mielcarz stated that she thought that a once year extension would be in order. Chris Kent stated that he had no comment at this time. Brad Chase stated that he would go with the judgment of the Chairman. Motion made by Mary Lou Mielcarz to extend the Order of Condtions for one year, seconded by Chris Kent and approved 4-1, with Joan Griffin opposing it. OLD /NEW BUSINESS Joan Griffin noted that a new building has been put up on Franklin Street, behind the car wash and asked if the proper permits had been issued. Tom • ` From:Sacco Fn;(WO)746-1976 Voicc(506)145-19)6 To BETH OESSMI at:SALEM PLANNING OEPT Paga 6 o1S TIThun4aV,Fabmary%,19%6:12:31 PM Keough will check into the matter and if need be issue a cease and desist order. Fred Harney also noted that Laine Industries should be checked out as well. Joan Griffin requested that all of the information that has been gathered from other cities and towns be given to her so that she can review it. MASSACHUSETTS ELECTRIC Tom Keough noted that he received a letter from Massachusetts Electric notifying the Commission that there are ongoing remediation investigations being performed by Mass. Electric on land adjacent to Collins Cove. Fred Harney suggested that they should come in with a Notice of Intent. APPROVAL OF MINUTES The minutes of the meetings of October 12, 1995, October 26, 1995, and November 9, 1995, were presented for approval. Motion made by Joan Griffin to approve the minutes of the meetings, 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 Mary Lou Mielcara to adjourn the meeting, seconded Brad Chase and approved unanimously. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CCO 12596 Sig s- <Ro y_ 9�0MIIVE WAP CITY OF SALEM, MASSACHUSETTS NEIL J. HARRINGTON MAYOR July 14, 1994 i To the City Council City Hall Salem, Massachusetts Ladies and Gentlemen of the Council : I appoint, subject to Council confirmation, Bradford Chase, to serve as a member of the Conservation Commission for a term to expire March 1, 1997 . He will replace Atty . Thomas F . Walsh whose term has expired. Bradford Chase, who resides at 99 Essex Street, is a Marine Fisheries Biologist for the Commonwealth of Massachusetts . He is presently employed at the Marine Laboratory at Cat Cove in Salem. Mr . Chase has earned a Bachelor of Science Degree in Marine Fisheries Biology from the University of Massachusetts and a Master' s Degree in Marine Fisheries Management from the University of Rhode island. He is also a member of the American Fisheries Society . I believe that Mr. Chase' s very strong background in marine biology uniquely qualifies him to serve on the Conservation Commission whose members work so diligently to protect- Salem' s natural resources, and I am pleased to recommend confirmation of his appointment . Very truly yours, NEIL J. HARRING41N Mayor NJH/jp SALEM CITY HALL • 93 WASHINGTON STREET SALEM. MASSACHUSETTS 01970.. 508/745-9595 • FAX 508/744-9327 16 April 1992 Honorable Neil J. Harrington City Hall Salem, Massachusetts 01970 Dear Mayor Harrington: Recently there was an embarrassing situation involving the public notice for an applicant for a Notice of Intent before the Salem Conservation Commission. The timing of its publication in the Salem News was challenged so the hearing had to be rescheduled and the applicant was forced to wait an extra week to be heard. After a close reading of the regulations, I have concluded all Commission public hearing notices must be published no later than Wednesday the week preceding the Thursday Commission hearing. Because the Salem News requires the receipt of notices no later than 11:00am two days prior to publication, e.g. , 11 :00am Monday for a Wednesday publication, all applications should be received by the Commission no later than close of business the previous Friday. That is nine business days before a hearing date. I am writing you to request assistance in assuring that applications for Requests for Determination and Notices of Intent filed by City departments adhere to this schedule. There are enough substantive issues before the. Commission on which we may be appealed that we should eliminate those procedural errors which are within our control . I would appreciate your efforts to communicate this policy to the appropriate City departments. Sincerely, Betsy Horne Chair FINAL Table 3 - 4 Summary of Remedial Action Objectives and General Response Actions Page 1 of 4 W91133F 3-19 q �! 3 '�pIMINE '93 OCT 27 P CITY OF SALEM, MASSACHUSETTS C'T nr NEIL J. HARRINGTON _. MAYOR October 28, 1993 To the City Council City Hall Salem, Massachusetts Ladies and Gentlemen of the Council : I appoint, subject to Council confirmation, Michael Nalipinski to serve as a member of the Conservation Commission for a term to expire March 1, 1994 . He will fill the unexpired term of Richard F . Arms who has resigned. Mr. Nalipinski lives at 15 Carlton Street in Salem with his wife Paige . He received his Bachelor of Science Degree from Penn State University and is currently employed as an Environmental Scientist with the Environmental Protection Agency. Mr. Nalipinski is a member of the National Association of Environmental Professionals, and his personal interests include sailing and golf. I believe that Mr. Nalpinski' s scientific training, experience and interest in environmental matters and related ecological issues make him an excellent choice for membership on the Conservation Commission, and I recommend confirmation of his appointment . Very truly yours, NEIL J. HARRINGTON Mayor NJH/smc SALEM CITY HALL 93 WASHINGTON STREET SALEM. MASSACHUSETTS 01970 • 508/745-9595 • FAX 508/744-9327 1 4 November 1993 Mr. Michael Nalipinski 15 Carlton Street Salem, Massachusetts 01970 Dear Mike: Congratulations on your recent confirmation as a member of the Salem Conservation Commission. The other members were delighted to meet you after the vote and look forward to working with you on the myriad of issues before us. I am enclosing a number of documents that can assist you in performing your duties in implementing the Wetlands Protection Act. Though they may seem daunting, they are no more challenging than CERCLA regulations and policy guidance. You just have to plug away and read, and re-read them. Perhaps the best introduction is to peruse the Guide for New Members. It provides a broad outline of Commission responsibilities and areas of jurisdiction. As you know, we have had to schedule an unusual meeting date for our November deliberations since holidays fall on our regular meeting days, the second and fourth Thursdays of each month. We will look forward to seeing you at 7 pm on Wednesday, November 17 in the conference room on the second floor of 2 Salem Green. In the interim, if you have any questions or issues you would like. to discuss, please feel free to call either Debbie Hurlburt, our stellar administrator (at 745-9595 ext. 311) , or me at 744-0080 . I look forward - at long last - to your joining our merry band. Sincerely, Betsy Horne Chair i Site extending from the Valley property northward, along the path of Johnson Creek through the Mill Pond area, downgradient past Station No. 2. Given the hydrogeologic conditions and past pumping operations, this plume is the source of contamination of Station No. 2 and is also a likely source of the contamination that closed Station No. 1 in 1979. o Station No. 1 area is not within the present detectable limits of the Valley Site plume, however, the present groundwater flow pattern is not the same as in 1979 when daily pumping of Station No. 1 occurred. The current intermittent pumping of Station No. 1 as a supplemental supply source at an effective constant pumping rate of approximately 160 gpm does not appear to be drawing TCE contamination to the well. 2) Station No. 1 Capture Zone o The zone of influence of the Station No. 1 well during / the 11-day pumping test was projected based on field data to extend to the west to Johnson Cre;&, to the southwest towards Mill Pond approximately 2 , 000 ft. , and to the north and west approximately 1, 100 ft. The results of the pumping test clearly indicate significant drawndowns can occur within the area of the Valley TCE plume in response to extended pumping of the Station No. l well. This may .b especially 1TP, true for past pumping activities, when the overall pumping rate of the Station No. 1 well was higher than the current rate. 3) Mill Pond Extraction System c A limited portion of the Valley plume is intercepted by the Mill Pond extraction wells; a relocation/expansion/ upgrade of the system is necessary to contain the plume. 4) Risk Assessment o The major Site risk of greater than 1 x 10-4 is associated with current-potential and future domestic use of , groundwater immediately downgradient of the Valley Site. TCE is the principal VOC contributing to the estimated cancer risk. o A potential for adverse noncarcinogenic health effects exists for elevated VOC in the Valley Site/Mill Pond area groundwater. 1, 2-DCE is the principal contaminant contributing to the noncarcinogenic risk. o Estimated cancer risk for domestic use of groundwater downgradient of Chesterton and the Haverhill Landfill range between 1 x 10-4 and 1 x 10-6. Numerous VOCs contribute to the estimated risks. C - ,_I/ J /9 s \T Y J'Pf01MiNG��'�*< CITY OF SALEM, MASSACHUSETTS NEIL J. HARRINGTON MAYOR April 8, 1993 To the City Council City Hall Salem, Massachusetts Ladies and Gentlemen of the Council : I appoint, subject to Council confirmation, Christopher Kent to serve as a member of the Conservation Commission for a term to expire March 1, 1996 . He will replace George Ahmed who was recently appointed to the Board of Appeal . Mr. Kent lives at 6 Harbor View Terrace in Salem and is employed as Sales Manager for Dependable Environmental Services . He received a Bachelor of Arts Degree from Salem State College and a Certificate of Advanced Studies from Harvard University Extension . His personal activities include sailing, cross country skiing, skating and photography . He is also a coach for the Salem Little League and is affiliated with the Greater Boston Convention Bureau . Mr. Kent views Salem as a premier educational and recreational community with a very bright future . Working on a daily basis on environmental issues, he has a natural affinity and serious interest in serving as a member of the Conservation Commission. I believe Mr. Kent' s extensive knowledge of environmental affairs will enable him to effectively contribute to the workings of the Conservation Commission, and I recommend confirmation of his appointment . Very truly yours, NEIL J. HARRINGTON Mayor NJH/smc SALEM CITY HALL 93 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 •508/ 745-9595 •FAX 508/744-9327 �J CERTIFIED 104-110 NORTH STREET REAL ESTATE POST OFFICE BOX 449 APPRAISER, ? SALEM, MASSACHUSETTS 01970 CONSULTANT (617) 744-6715 is ., . . .. . COPY FOR YOUR INFORMATION February 18, 1993 Mayor Neil J. Harrington City of Salem Office of Mayor Dear Mayor Harrington: After serving as a member of the conservation commission for several years, I must tender my resignation from the Commission. .a This is a step I take not without regret',' for' the. years I have been privileged to spend with the commission members and the issues they faced have been challenging and enjoyable. But I feel it is time for someone else to have the same opportunity as I, to serve on the commission. Thank you for your confidence and the opportunity that you have given me . Bes gards, Ge �' A. Ahmed g d � � p FEB 1a1993 gaa/ga CITY OF SALEM MAYOR'S OFFICE I � February 12 , 1993 Honorable Neil J. Harrington City Hall Salem, Massachusetts 01970 Dear Mayor Harrington: Enclosed are resumes of two individuals who have expressed an interest in becoming members of the Salem Conservation Commission. In light of yesterday's City Council vote approving your nomination of George Ahmed to the Board of Appeals, his position on the Commission should soon become vacant. Both Ms. Masters and Mr. Nalipinski possess strong academic and vocational skills which are needed to complement the existing Commission membership. I would very much appreciate your consideration of them to fill George's vacancy and any future Commission positions that may become available. If you have any questions, please feel free to contact me. Sincerely, Betsy Horne Chair the top of the headwall where Salem Street crosses Brindle Brook. Staff gu�fge )- _voE� was present for surveying but was determined missing during the second round surface water/sediment sampling in July 1990 . Water level data is presented in Table 2-6. Groundwater contour maps h4eh vnnaedeveloped ut!I-4-s4=ng these measurements are presented in Section 3 . 4 . 2 . 5. 2.8 Aquifer Testing Hydraulic conductivity data were obtained for the formations surrounding most of the new wells and piezometers � = by conducting slug tests. Between January 25 and February 2, 1990, prior to the long-term pumping test , slug tests were performed at 14 newer wells and 5 new piezometers . Both falling and rising head tests were conducted on most monitoring wells, including 102 , 103, 104, 105, 106, 109 , 110 , 111 , 112, 113 , 115 , 116, and 117 ; rising head tests were conducted on. most piezometers, including P-1, P-2 , P-3 ; P-4, P-5 , and on well 114 . Slug tests were performed by inserting, or withdrawing a solid slug from below the water- table in each well to induce a nearly instantaneous change in water level, ,:she---ww1-1 . The rate of recovery oft-r=.nate� to static conditions was then measured using a pressure transducer and data logger (Hermit Models SE1000 and SE2000) to automatically record recovery data. Results of the slug tests are discussed in Section 3 . 4. 2. 4 . Slug test data sheets and calculations are presented in Appendix C. 2.9 Pumping Test A pumping test was performed Aat--the G and tlte, using the Station No. 1 municipal well as the pumping wel and nearby monitoring wells as observation wells. j1; 'Ake purpose8 n tae i.J , were to determine the hydraulic characteristics of the stratified drift aquifer and to provide a database f-> 4&h to project both the current capture zone of the Station No. 1 well and the capture zone of the well when it was _pumgeEd_� at a higher rate, tea^ _ rat . The data waar3fo War be used to recreate flow conditions �t when both tZe Station No. 1 and 1No. 2 wells wenre in operation. The goal of the capture zone_ analysis �'` to d_e m; n hg areal extent of Ctrs- capture zone, owe Sta lontiont No. 1 well ~ - Thi5 cue—-ate analysis is currently underway, -E5EEeE6ii�� ti 1nr-vl-rrr3 —j-T1- - ,-_..7- _ -r-.4— 4-.- ..L..n: ii_i L..i e e :�: a will be included � in a later project report. The Station No. 1 well was pumped - at a steady rate of 400 gpm� t -- ----- _e---- . rN0 (1 Gy�ar D3310902 � ' 2-10 MICHAEL J. NALIPINSKI 15 Carlton Street Salem, Massachusetts 01970 (508) 744-5667 Objective: An environmental management position where a strong sense of responsibility, solid technical skills, and a willingness to consider economic constraints are valued characteristics. Education: THE PENNSYLVANIA STATE UNIVERSITY University Park, Pennsylvania B.S Environmental Resource Management Experience• 1/92-present U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION I Waste Management Division, Boston, Massachusetts - Remedial Project Manager (RPM) for groundwater contamination at a National Priorities List (NPL) site undergoing a Remedial Investigation/Feasibility Study (RI/FS) by the owner operator. The estimated clean up costs for this site could reach 10 million dollars. RPM for a second NPL site at a bankrupt solvent recycling facility which is proceeding with a fund lead RI/FS. Litigation and negotiations for the Remedial Design/Remedial Action are in progress. The estimated clean up costs for this site could exceed 40 million dollars. 2/90-12/91 Hawaii Department of Health Office of Hazard Evaluation and Emergency Response Honolulu, Hawaii - While on assignment to the DOH from the U.S. Environmental Protection Agency, I provided assistance and guidance during the creation of Hawaii's State Superfund program. - Assisted in writing the State's Superfund law. - Trained state staff in emergency response. - Developed site discovery and site investigation programs. - Drafted a state ranking model. - Developed a case plan and successfully prosecuted a "midnight dumper" using Hawaii's state laws. - Managed the $350k program development grant. - Provided oversight of field contractors and established protocols for future contract oversight. - Wrote and established two $50k contracts with the University of Hawaii for site assessments at federal facilities and a job sharing position. MICHAEL NALIPINSKI Page 2 of 2 8/86-2/90 U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION I Waste Management Division, Boston, Massachusetts - Managed the Connecticut and Massachusetts preremedial cooperative agreements totaling $1.5 million. - National Priorities List Coordinator responsible for conducting, prioritizing and quality control of Hazard Ranking Systems packages before submittal to EPA . Headquarters. - State Coordinator for Connecticut and Massachusetts responsible for site discovery, field investigations, state and contractor oversight, and response to all inquires associated with sites in those states. - Represented Region I on the National Task Force for the Hazard Ranking System model revisions. 5/85-8/86 U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION III Hazardous Waste Division, Philadelphia, Pennsylvania - Managed Maryland's 400k preremedial cooperative agreement. - State coordinator for Maryland responsible for site assessment activities. - National Priorities List coordinator responsible for proposing sites to Headquarters for federal remediation. 11/82-5/85 NUS CORPORATION Field Investigation Team, Wayne, Pennsylvania Contracted to the U.S. EPA, Superfund, Region III. - Responsible for coordinating, investigating and negotiating with federal, state, corporate and private interests. Development and implementation .of site discovery programs. 3/82-10/82 DORAN GEOLOGICAL & PETROLEUM CONSULTANTS Assistant Field Supervisor, Chatauqua, New York - Planned and designed the construction of well roads and drilling pads in compliance with state permits. - Supervised logging, cementing and perforating relative to gas well completions. Affiliations: National Association of Environmental Professionals Hawaii Association of Environmental Professionals Nature Conservency L Eileen London Masters 78 Derby Street Salem, MA 01970 (508)744-1591 SUMMARY OF QUALIFICATIONS Background includes more than 10 years of environmental planning experience specializing in the following area: State and Federal Environmental Regulation and Permitting Environmental Impact Evaluation Environmental Troubleshooting During Construction Mitigation Development Facility Siting Transportation and Traffic Analysis Facility Planning PROFESSIONAL EXPERIENCE Employment STONE & WEBSTER ENGINEERING CORPORATION Boston, Massachusetts 1987 to Present SENIOR ENVIRONMENTAL SCIENTIST On the Construction Management Team for the Boston Harbor project as Mitigation Compliance Supervisor, responsible for ensuring construction activities are in compliance with mitigation agreements with local communities and permit conditions. Managed the preparation of Environmental Impact Reports; Notices of Project Change to NEPA, Section 61 Findings, etc. As Lead Environmental Scientist, responsible for all permitting documentation to place a 115 kV submarine cable from South Boston to Deer Island. SCIENTIST For the Deer Island Secondary Treatment Facilities Plan, coordinated existing conditions, environmental impact sections and detailed plan and schedule of all permitting activities. Coordinated the Off-Island Utility Supply volume. HOWARD NEEDLES TAMMEN & BERGENDOFF Boston, Massachusetts 1986 to 1987 ENVIRONMENTAL PLANNER Project Coordinator of EIR/EIR for a state highway project. Duties included subconsultant management; technical analysis and review; and general project organization. Responsible for the preparation various state permit applications for highway and transit projects. and for performing a variety of general planning functions. COMMONWEALTH OF MASSACHUSETTS, DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING Boston, Massachusetts 1985 to 1986 ENVIRONMENTAL ANALYIST II —Division of Water Pollution Control - Construction Grants Responsible for reviewing municipal wastewater treatment facility plans; analyizing alternative sites and environmental impacts of proposed facilities; coordinating review of proposals with local state and federal agencies; and preparing environmental assessments of facilities plans. +' STONE & WEBSTER ENGINEERING CORPORATION Boston, Massachusetts 1981 to 1984 ASSOCIATE ENVIRONMENTAL SCIENTIST - Socioeconomic and Land Planning Group Responsible for analyzing the land use, socioeconomic, transportation and visual impact of power generating facilities. Duties included research, field data collection, ensuring compliance with regulations, surveys, and preparation of licensing documentation, e.g. EIR/SIS, FSAR and PRA. MARKETING SPECIALIST - Presentations and Training Group Responsible for planning and coordinating marketing and technical presentations for all facets of company business; involved regular interface with engineers and specialists from a wide range of disciplines. Internship NANTUCKET PLANNING AND .ECONOMIC DEVELOPMENT COMMISSION Nantucket, Massachusetts Summer 1983 Participated in developing the Comprehensive Growth Management Plan. Conducted subdivision review, power plant siting and land use inventory. EDUCATION BOSTON UNIVERSITY, Boston, Massachusetts Master of Urban Affairs, 1989 UNIVERSITY OF MASSACHUSETTS, Amherst, Massachusetts BS in Environmental Design, 1981 COLBY-SAWYER COLLEGE, New London, New Hampshire AA in American Studies, 1979 - REFERENCES Available upon request From:Sacco Fee:(60e)TZ4916 Volce:(60B)1CS-1916 To:BETH OEBSKI at:SALEM PLANMNC DE" Page ole Thursday,FebruaryN,19966:06:01 PM SALEM CONSERVATION COMMISSION MINUTES OF MEETING JANUARY 25, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, January 25, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Chris Kent, Mary Lou Mielcarz, Brad Chase, and Joan Griffin. Also present were Tom Keough, Conservation Administrator, and Eileen Sacco, clerk. PUBLIC HEARING -NOTICE OF INTENT - OSRAM SYLVANIA INC 60 BOSTON STREET Atty. Joseph Correnti addressed the Commission on behalf of Osram Sylvania, Inc. and present a Notice of Intent for the demolition of 3 buildings located at 60 Boston Street. Atty. Correnti noted that a site visit was held and it was noted that the bordering land subject to flooding was not on the • plan, and it has since been put on the plan. Atty. Correnti explained that Osram has been marketing the property for a couple of years unsuccessfully and they have decided that the best way to market the site would be to demolish the building. He noted that they are looking for a mixed use for the redevelopment of the site and that they have been working with the Planning Department and the City Planner on the issue. Atty. Correnti noted that there is a series of catch basins on the property and they have had a contractor clean them out and they are all functional. He also noted that they are tied into the city storm water drainage system which goes across Bridge Street and into the North River. He also explained that they would be fitted with covers to catch debris, and they will be maintained. He also noted that hay bales are proposed to be installed around the entire resource area, as well as a filter screen to be installed along the chain link fence to protect the resource area from excess storm water. Atty. Correnti also noted that vehicular traffic will enter and leave the site on the Boston Street entrance and no entries would be made on the Bridge Street entrance. From:Sacco Fax:(608)7454616 Voice:(60B)745-1876 To:BETH OEBSKI at:SALEM PLANNING DEPT Page 3 dS Thunday,Febmary O6,1896 6:0:01 PM • Bob Graham of Cutler Associates addressed the Commission to answer questions that they may have. Joan Griffin asked if there was any hazardous material on the site. Atty. Correnti noted that there are asbestos tiles on building F and they are scheduled to be removed before demolition occurs. He explained that the asbestos tiles would be removed and sealed in bags and placed in a trek to be disposed of properly. He also noted that the contractor would have to follow the proper procedures and he would be closely monitored. Joan Griffin asked if they would be doing any excavation of the areas under the buildings. Atty. Correnti stated that they would be excavating six inches if any, noting that there are no basements in the buildings. Brad Chase asked when they intend to start the demolition. Atty. Correnti stated that they are on the agenda for the Historical Commission to get a waiver. He also noted that they have put that process off while working with city officials regarding their concerns. Brad Chase expressed his concern that he wants to see as little as possible go into the river. He also suggested • that they check the screens on the catch basins at least twice a week and have them cleaned. Mary Lou Mielcarz asked about the procedure for the removal of the asbestos tiles, specifically the treatment of the building after the removal of the tiles. Atty. Correnti stated that their are procedures that the contractor has to follow and they will forward written specifications to the Commission. He also noted that the removal of the tiles would take place before the demolition happens. Chris Kent asked if there was any insulation in the buildings that may have asbestos components in them. Frank Rossi of Osram addressed the question and stated that most of the asbestos has been removed from the interior of the buildings, and any that is found will be removed following the proper procedures. Chris Kent also asked if there were any tanks that need to be removed. Mr. Rossi stated that the oil tanks were removed two years ago and they have been using gas since then. Chris Kent also asked if the catch basins were fitted with MDC traps. Mr. Rossi stated that they are straight catch basins. • From:Sacco Fax:(509)TA5-1916 Voice:(6N)T45-19T6 To:BETH DEBSKI at:SALEM PLANNING DEPT Page t orS TbumdW,February06,19%6:09:17PM • Fred Harney asked if any of the buildings have basements. Mr. Rossi stated that building F is on stilts and building A has a crawl space. Chairman Harney opened the hearing to public comment at this time. Joyce Wallace of 172 Federal Street addressed the Commission and expressed her concern that precautions should be taken during the demolition. She noted that the Federal Street Elementary School is close by and expressed concern for the children. Chairman Harney asked Atty. Correnti where they stand in the process with the Historic Commission. Atty. Correnti stated that they are on the agenda for the February 7, meeting. He explained that they have asked to them to continue the matter twice while they work with city officials. There being no further comments or questions regarding the proposal, a motion was made by Joan Griffin to close the public hearing, seconded by Brad Chase and approved unanimously. Motion made by Chris Kent to issue an Order of Conditions to Osram • Sylvania, Inc., for the demolition of 3 buildings at 60 Boston Street, seconded by Mary Lou Mielcarz and approved unanimously. The Commission discussed special conditions for the project. The Commission selected the follow special condtions for the project. 1, 2, 3, 4, 5*, 6*, 7*, 12, 13*, 14, 15, and 18. (* indicates amendment) The following conditions were amended for this Order of Conditions: 5. Prior to the commencement of construction activity, a haybale barrier and silt fence as shown on the plan shall be placed downgradient of construction to prevent siltation to the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. • L From:Sacco Fax:(508)146-0976 Voice:(608)745-1976 To:SE DEBSKI at:SALEM PLANNING DEPT Pe9e 6019 Thur.d,,February 08,19%6:09:71 PM • 6. Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Screening over the catch basins shall be inspected and cleaned daily. Any siltation caused onto any wetland or waterway shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 7. During construction, no debris, fill, or excavated material shall be stock piled within 100 feet of the designated wetlands. 13. No spill or discharge of petroleum products or other pollutants will occur within 100 feet of the any wetland resource area. The owner shall submit a plan to the Commission detailing the procedures to be used to control inadvertent spills. Said plan shall be reviewed and approved by the Commission. Motion made by Chris Kent to approve 12 special conditions for the project, seconded by Brad Chase and approved unanimously. • PUBLIC HEARING -NOTICE OF INTENT - 16 CLARK AVENUE - ERNEST DELPERO Mr. Delpero addressed the Commission and explained that he has a purchase and sales agreement with David Col itts t g r • purchase a lit at 16 Clark Avenue. Mr. Delpero stated that he is only purchasing a portion of the lot which has been subdivided. He explained that he plans to put a colonial raised ranch on the lot. He also stated that the house would be on a slab and there would be no basement. He also note that he plans to slope the area behind the house. Fred Hamey questioned whether the lot had been subdivided. Tom Keough stated that he checked with Beth Debski and she did not recall that it had been before the Planning Board. Fred Harney stated that he would like to check on that further, and suggested that the matter be continued to the next meeting of the Commission. Mr. Delpero agreed and signed a statement agreeing to the continuation. • From:Sacco Fax:(508)746.19]6 voice:(608)T45.1976 To:BETH DEBSKI 9:SALEM PLANNING DEPT Page 6 o!e Thursday,Februar 09,1M 6:10:26 PM Motion mft b6 Joan('Griffin to corgti��e M nul�lic lte Tins to thq next meeting o t e omtmssion, secon e y ary ou e carz an approved unanimously. PUBLIC HEARING -NOTICE OF INTENT - WENDY'S INTERNATIONAL - CORNER OF PEABODY AND LAFAYETTE STREET Atty. Jack Keilty addressed the Commission and presented a Notice of Intent for Wendy's International, which intends to build a Wendy's on the corner of Lafayette Street and Peabody Street. Atty. Keilty explained that they are abutting the south river, and this is the first of many renovation projects that are expected to take place in that area. He also noted that a fence will be installed to limit access to the river, and future plans call for an outdoor dining area overlooking the south river. Jim Ryan of Ryan Engineering explained the plans to the Commission. He explained that the catch basins will be equipped with MDC hoods and would be tied into Peabody Street; with no connections on Lafayette Street. He also • explained that hay bales and a silt fence would be installed during the construction. Atty. Keilty also noted that they were made aware of the fact that the seller has apparently demolished the building on the property and noted that they are not responsible for that. Joan Griffin noted that the work was done without an Order of Conditions from the Commission and asked for a cease and desist order to be issued. Atty. Keilty stated that the owners of the property are Waterfront Realty Trust, and the principal is Peter True. Fred Harney noted that the plans call for the use of a Y connection and questioned the use of it. Joan Griffin asked how much of the site was paved. Mr. Ryan stated that pretty much all of it is either concrete or asphalt, noting that at completion the project will reduce the imperviousness of the site. The Commission scheduled a site visit to the property for Saturday, February 3, 1996 at 8:00 a.m. • From:Sacco Fae:(506)7454916 Volce:(500)745-1816 To:BETH DEBSKI at:SALEM PLANNING DEPT Pagel of6 ThuredW,Fearuaq N,1886 6:11:31 PM • Motion made by Chris Kent of continue the public hearing to February 8, 1996, seconded by Mary Lou Mielcarz, and approved unanimously. REQUEST FOR EXTENSION OF ORDER OF CONDITIONS (64-211)- 18 FREEMAN ROAD Atty. Jack Keilty addressed the Commission and requested an Order of Conditions for 18 Freeman Road. He explained that the order was issued 3 years ago and has expired. He also noted that at the time the permitting process was a lengthy one and that since that time the applicant had some financial troubles which prevented him from going ahead with his plans. He stated that he is now either going to build or sell the property, and would like to do so with all of the pen-nits in place. Joan Griffin addressed the matter and stated that she would like to review the project again, noting that she was not a member when the order was issued and there may be some changes that the Commission would like to make. She noted that the Commission has the right to vote not to extend an Order of Conditions. • Fred Harney asked the other members of the Commission how they felt. Mary Lou Mielcarz stated that she thought that a once year extension would be in order. Chris Kent stated that he had no comment at this time. Brad Chase stated that he would go with the judgment of the Chairman. Motion made by Mary Lou Mielcarz to extend the Order of Condtions for one year, seconded by Chris Kent and approved 4-1, with Joan Griffin opposing it. OLD I NEW BUSINESS Joan Griffin noted that a new building has been put up on Franklin Street, behind the car wash and asked if the proper permits had been issued. Tom From:Sacco Fax:(506)746-1916 Voice:(6 )Ta5-1976 To:BETH GEBSKI at;SALEM PLANNING DEPT Page of ThuradW,Febmary 06,1996 6:12:31 PM • Keough will check into the matter and if need be issue a cease and desist order. Fred Harney also noted that Laine Industries should be checked out as well. Joan Griffin requested that all of the information that has been gathered from other cities and towns be given to her so that she can review it. MASSACHUSETTS ELECTRIC Tom Keough noted that he received a letter from Massachusetts Electric notifying the Commission that there are ongoing remediation investigations being performed by Mass. Electric on land adjacent to Collins Cove. Fred Harney suggested that they should come in with a Notice of Intent. APPROVAL OF MINUTES The minutes of the meetings of October 12, 1995, October 26, 1995, and November 9, 1995, were presented for approval. Motion made by Joan Griffin to approve the minutes of the meetings, 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 Mary Lou Mielcarz to adjourn the meeting, seconded Brad Chase and approved unanimously. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC012596 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, FEBRUARY 8, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, February 8, 1996, at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Mary Lou Mielcarz, Brad Chase, and Chris Kent. Also present were Assistant City Planner Beth Debski, and Eileen Sacco, Clerk. OLD/NEW BUSINESS 16 Clark Avenue Fred Harney addressed the Commission and explained that the matter regarding 16 Clark Avenue is under dispute, as it seems that the developer • had a P & S with Mr. Delpero and has since sold the property to another party. Beth Debski explained that the property has been transferred to Ken Steadman and he has a great plan to develop the property. She stated that he has been to the Planning Department and will be coming to the Commission at some time in the future. She also noted that she does not was the Planning Department involved in the dispute between Mr. Colpitts and Mr. Delpero. Tri City Sales Tom Keough addressed the Commission and stated that the cease and desist order was issued as the Commission requested at the last meeting. He noted that the jersey barriers have been moved and that vehicles are being parked in that location. Wendy's Tom Keough addressed the Commission and stated that the cease and desist order was issued personally by him the morning following the last meeting as the Commission requested. He stated that Peter True of Waterfront Realty • Trust called him that day and has taken step to rectify the situation. Fred Harney noted that the building permit was issued and that they are now taking 1 • steps to see that the Commission and the Planning Board are on the checklist for signatures prior to the issuance of a building permit. Fred Harney also noted that he went to the site and noted that there is a pile of excess material in the wetland that was dumped there by the contractor for the Congress Street bridge project. He stated that they told him that they would pull that back from the wetland. Fred Harney also informed the Commission that he received notice from member Bob Crowley that he has resigned from the Commission. He asked that a letter thanking Bob for his may years of service be sent by the Planning Department. Continuation of Public Hearing - Notice of Intent - Wendy's International - Peabodyna d Lafayette Streets Atty. Jack Keilty addressed the Commission and noted that at the last meeting it was requested that the plans show the area in the flood zone and the existing topography. He also noted that there were two issues of concern to the Commission. He explained that the first issue was the drainage • calculations and that Mr. Ryan is present tonight to present information regarding the existing drainage pattern and as they are caused by the existing topography. Atty. Keilty also noted that the proposed y connection at the seawall was a concern at the last meeting and that has been changed to a drop manhole. Mr. Ryan addressed the Commission and presented calculations for post construction drainage analysis. He noted that there would be a 10% reduction from the current conditions, and there would be a decrease in runoff from the previous conditions. Brad Chase questioned the catch basins and dry wells that are to be refurbished and asked if there were any other dry wells. Mr. Hague stated that there is one additional dry well and that they have the capacity to hold a lot of water. Atty. Keilty stated that there are 3 dry wells in total. Brad Chase stated that he felt that there should be more. • Fred Hamey questioned how often the dry wells would be cleaned. Mr. Hague stated that they would be cleaned as often as they need to be. He 2 • stated that in other locations they are cleaned once a year. Fred Harney asked if they clean the pipe. Mr. Hague replied that the pipe does not need to be cleaned since water runs through it. Fred Harney asked what other work needs to be completed with regards to the demolition that has taken place. Peter True addressed the Commission and stated that the concrete slab and the foundation needs to be removed and the asphalt should be recycled but they are waiting to find out about that. Abby Burns stated that she thought that there was a plan that called for a park on both sides of the South River. Atty. Keilty stated that the waterfront plan calls for park areas along the water front. M Lou Mielcarz questioned the change of the connection at the seawall. Mary qY Fred Harney stated that the City and the Commonwealth of Massachusetts do not allow Y Connections because they are hard to clean, noting that manholes are easier. Abby Burns asked if the landscaping had been approved. Atty. Keilty stated • that the project is at about 90% approval by the SRA, with the sign package still pending, and the Planning Board has approved the project, and Juli Reimenschneider reviewed the landscaping extensively. Brad Chase noted that Commission member Joan Griffin who is unable to be here tonight had a concern about the reduction in the impervious surface, and he feels that 25% is reasonable and the drainage calculations indicate the same. He asked if they would have oil and gas separators in the catch basins. Atty. Keilty stated that they would agree to putting them in. Brad Chase noted that there would only be a 10 % reduction from the current conditions but with the proposed improvements that should be fine. Motion made by Abby Bums to close the public hearing, seconded by Mary Lou Mielcarz, and approved unanimously. The Commission discussed special conditions for the project. The following special conditions were selected for the project: • 1, 2, 3, 4, 5, 6, 7, 9*, 10, 12, 12, 14, 15, and 20. 3 • Condition #9 was amended to read: that maintenance on the catch basins shall be done at a minimum of once a year and shall be increased if it is so determined. The catch basins shall be inspected twice a year in the spring and fall. Fred Harney questioned if the Planning Board addressed the issue of snow removal. Atty. Keilty stated that there is no place to put snow on the site, so the plan is to remove unmanageable amounts of snow from the site. Fred Harney suggested that a condition should be included that stated that snow that is in excess of snow storage areas shall be removed from the site. Fred Harney questioned if they would have to come before the Commission again with plans for the proposed outdoor dining area. Atty. Keilty stated that since this was a request of the City and they will be filing with the Commission for the bulk of the project, he would like them to include the dining area in their submission. Fred Harney requested that a new plan be submitted with all of the changes • that have been made to the plan. Atty. Keilty stated that they would do so before anymore is done on the project. Chris Kent asked what kind of heating system that they plan for. Atty. Keilty stated that the plans call for gas heat. There being no finther questions or comments regarding the project a motion was made by Brad Chase to approve the project with 14 special conditions, seconded by Mary Lou Mielcarz, and approved unanimously. DETERMINATION OF APPLICABILITY - WATERFRONT REALTY TRUST - CORNER OF PEABODY AND LAFAYETTE STREET Atty. Jack Keilty addressed the Commission on behalf of Waterfront Realty Trust and noted that the building has been demolished, and noted that it had not been approved by the Commission. He also noted that the Building Inspector issued a permit for the demolition. Atty. Keilty noted that there had been no intrusion on the South River, no stock piling of material on the property and that hay bales and a silt fence were installed prior to the • demolition. He firrther noted that debris was moved immediately from the site and that they complied with the enforcement order issued by the 4 Commission anfiled Determination of Applicability rather than a notice of d ed a ete pp ty intent, since the work is mostly completed with the exception of the removal of the concrete slab and the foundation. Brad Chase noted that he felt that it was a procedural question and noted that he would have like to see the plan before the work commenced even though it might be true that there was no impact. Chris Kent agreed. Fred Harney noted that this issue need to be addressed with the Building Inspector and that Beth Debski is working on that to see that the Conservation Commission and the Planning Board are added to the checklist that is used for the issuance of building permits. He also noted that the owner has been very cooperative and did take measures to secure the bank by installing the haybales and the silt fence as well as marking the buffer zone. Chairman Harney opened the meeting up to public comment at this time. There was no response. Chris Kent noted that it is within the jurisdiction of the Commission to tell the applicant to restore the property to its original state, noting that it is rather late • for that at this point, but he is aggravated that the demolition took place without the knowledge of the Commission. Motion made by Abby Bums to issue a Negative Determination with conditions, seconded by Mary Lou Mielcarz, and approved unanimously. The Commission discussed special conditions for the approval. Special conditions 2, 12, and 13 were selected for the determination. It was also conditioned that the concrete slabs shall be removed from the property. No stockpiling of debris shall take place on the property. Abby Burns suggested that the Commission place a time limit on the amount of time that the material can stay on the site. Mr. True stated that at the maximum it would be 2 days. 5 • Motion made by Abby Burns to approve the special conditions for the project, seconded by Mary Lou Mielcarz and approved unanimously Fred Harney requested that Tom Keough visit the site on Friday morning and if he determines that everything is in compliance the enforcement order can be lifted so that the remaining work can be done on the site. I Discussion - Robert Jolly- Marblehead Municipal Light Plant Bob Erikson addressed the Commission and introduced them to the proposed plans of the Marblehead Municipal Light Commission to install new over head lines and go underground with the lines along Loring Avenue and into Marblehead, as far as the Forest River Bridge and then continue over head. He also explained that there was some lead found and that they are in the process of doing the necessary testing to see the extent of the contamination. He noted that this needs to be completed by July. Mr. Erikson also noted that there are some poles that will be replaced and • installed and noted that the wetlands are well defined in those areas. Mr. Erikson also noted that they will be filing for a Chapter 91 license for the underground installations. Mr. Erikson explained that they will be filing two separate Notice's of Intent for this project, one for the Coastal Bank stabilization, and one for the underground lines. Mr. Erikson also noted that they intend to restore the Forest River Bridge for biking and walking. He noted that he spoke with Bill Luster and the City is enthusiastic at the prospect of this connection with the existing bike path. Mr. Erikson stated that the purpose of meeting with the Commission this evening was to introduce them to the project. He stated that they are currently working on the engineering documents and that they will need to issue a Request for Proposals for the project and then put it out to bid. Mr. Erikson thanked the Commission for their time, and noted that they would be in at a later date with a formal Notice of Intent. 6 • There being no further business to come before the Conservation Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Joan Griffin and approved unanimously. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CCO20896 7 i SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, FEBRUARY 22, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, February 22, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Joan Griffin, Mark George, Mary Lou Mielcarz, and Abby Burns. Also present were Assistant City Planner Beth Debski, and Staff Advisor Tom Keough, and Eileen Sacco, Clerk. Discussion - Tri-City Sales Atty. Patty Kulevich addressed the Commission to discuss the ongoing problems that her father, David Cohen has been having with Laine Industries on Highland Avenue. • Fred Harney noted that the Commission has issued a cease and desist order to Mr. Cohen as owner of the property, because of the dumping that has occurred there. He also noted that while the Commission realizes that Mr. Cohen is not responsible for the dumping, he as owner of the property needs to take action. He explained that Mr. Chase had taken down the barricades that were placed there and has been parking vehicles on Mr. Cohens property. Atty. Kulevich explained that her father has spent a considerable amount of time and money trying to rectify this matter. She noted that he has been through the court system and eventually ended up cleaning up the property himself. Joan Griffin questioned if the dumping was on Mr. Cohen's property or Mr. Chase's property. Fred Harney noted that the City Council is having a problem with dumping on Verona Street. Joan Griffin suggested that the Commission should issue a Cease and Desist • order to Mr. Chase and put the responsibility on him to clean up his mess. She stated that an innocent property owner is receiving the orders but if the Commission could take action against the wrong doer that would seem more fair. The Commission reviewed the wetlands maps, and concluded that there are no wetlands behind Mr. Chases property. Joan Griffin reviewed the City Ordinance and noted that the Commission could initiate police powers and fines of$200.00 per day could be imposed. Motion made by Joan Griffin to issue a cease and desist order to Mr. Laine Chase, and notify DEP, as well as the Salem Police, seconded by Abby Burns and approved unanimously. Joan Griffin suggested that Mr. Cohen send a letter to the Commission staring that Mr. Chase is trespassing on his property and that there is no agreement allowing him to dump on his property. OLD/NEW BUSINESS Joan Griffin asked that she be given all of the information that was collected regarding the regulations of other cities and towns and she will review it. 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 Mary Lou Mielcarz, and approved unanimously. The meeting was adjourned at 7:55 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CCO22296 2 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, MARCH 14, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, March 14, 1996, at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Joan Griffin, MaryLou Mielcarz, Mark George and Jim Dillon. Also present was Tom Keough, Staff Advisor. In the absence of Eileen Sacco, Clerk, these proceedings were tape recorded. PUBLIC HEARING - NOTICE OF INTENT - NORTH SHORE MARINE INC - PICKERING WHARF SEAWALL Phil Pelletier of North Shore Marine Inc., addressed the Commission on • behalf of the Pickering Wharf Trustees. He explained that they plan to repair a 176' portion of the existing stone seawall at 23 Congress Street. He noted that a section collapsed in January and some of the remaining seawall is in failure. He explained that they plan for a driven steel sheet bulkhead to be constructed immediately in front of the existing wall. He noted that this would be the least disruptive process, and that there would be no dredging involved. Mark George asked if they need to dig up the parking area for the project. Mr. Pelletier stated that they would remove the bituminous concrete and it will be sent for recycling. He noted that they would install the ties and resurface the parking area. Fred Harney asked what the time frame for the project would be. Mr. Pelletier stated that he would like to start by April 1, and get the work that needs to be done on a barge done in two weeks. He noted that the rest of the work would be done on the land and that the whole process should take 4-6 weeks. He further noted that this is a serious situation and that they are concerned that the wall may collapse further. • Joan Griffin asked if they would be back filling with concrete. Mr. Pelletier stated that they would be filling with granite stone. Ms. Griffin asked how far down the steel sheets would go. Mr. Pelletier stated that they would be the same depth as the other parts of the wall. He explained that the crushed stone would be between the old seawall and the steel sheet and there would be weep holes at the bottom of the sheet to allow water to drain. He also noted that there would be a filter fabric on the inside of the sheet, over the weep holes. Joan Griffin suggested a site visit. Mr. Pelletier stated that he felt that the Commission should visit the site at some time. Fred Harney agreed that he would like to visit the site. Abby Bums suggested that the Commission could still approve the project and visit the site later. Fred Harney opened the hearing up to public comment at this time. There was no one present who wished comment on the matter. Motion made by Abby Bums to close the public hearing, seconded by Joan Griffin and approved unanimously. Fred Harney noted that the Commission would be scheduling other site visits this evening and they would arrange a time for a visit to this site. The Commission discussed conditions for the project. The following conditions were selected: 1, 2, 3, 4, 5, 7*, 12*, 14, and 15. 97 was amended to read 50 feet instead of 100 feet, regarding stock piling. 912 was amended to read equipment shall be stored 40 feet from the resource area. Joan Griffin questioned whether the Commission should require catch basins in the parking area. Fred Harney noted that they are only resurfacing the parking area and that would require extensive plans. Mark George agreed, and noted that asking them to redesign to present standards would require a new plan. He also noted that they are going in and repairing a sea wall not redesigning the drainage. Ms. Griffin referred to the Wendy's project and • noted that she has a hard time seeing that the amount of work that they are doing here is any different from the amount of work that they are doing at the 2 • Wendy's site. She also noted that the Wendy's site was also used as a parking lot. Abby Bums noted that there appears to be no flooding problems on the site, but agreed that if perhaps the Clerk of the Works felt that there is a problem, now would be the time to correct it. Joan Griffin asked if there were any catch basins on the site now. Mr. Pelletier stated that there were none. Ms. Griffin asked the Commission if they would approve a parking area without catch basins. Abby Burns suggested that the City Engineer check out the drainage patterns that exist, and if there is a problem, the applicant can address the matter. Joan Griffin stated that drainage was a big issue at the Wendy's site, and there is no question that the applicant didn't intend to get into drainage at this time, but she questioned whether the amount of work that they are proposing inadvertently gets them into a drainage issue, noting that if they were only repairing the sea wall and did not have to did up the parking area, it might not • be an issue. Mark George expressed his feeling that this situation is one that they need to repair the seawall before it collapses further, and that the Commission should set the major conditions so that they can get that taken care of, without burdening them into a larger project. Joan Griffin argued that if they came to the Commission to tear up the parking area for any other reason, they would require them to install catch basins and address the drainage. Mr. Pelletier noted that they are tearing up the parking area for no other reason than to repair the seawall. Abby Burns stated that she would like to approve the project and have the Clerk of the Works inspect the drainage and if he finds a problem, then they can come back and address it. The Commission reviewed the rest of the conditions and there being no further comments or questions, a motion was made by Abby Burns to approve • the special conditions for the project, seconded by Mark George and approved unanimously. 3 • PUBLIC HEARING - NOTICE OF INTENT - 10 BLANEY STREET- THOMAS MACKEY AND SONS William Kelly addressed the Commission on behalf of his client, Thomas Mackey and Sons. He explained that they plan to regrade and fill the site located at 10 Blaney Street, and to repair the existing rip rap armoring protecting the site. He also referred to an area that he referred to as a pool, that they intend to fill in. Fred Harney asked if Mr. Mackey has any plans for the property. Mr. Kelly stated that he did not know of any, but that if the city gets the bond for the waterfront development, they would be involved in that. Joan Griffin questioned the filling of the "pool'. Mr. Kelly stated that it is an area open to the ocean that fills in at high tide. He stated that they want to fill it in and make the area level, because it erodes back into the property. Fred Harney asked if they intend to use the stone that is there for the fill or bring new fill in. Mr. Kelly stated that they would use as much of what is • there as they can, and will most likely be bringing in additional fill. Fred Harney suggested that the Commission schedule a site visit to the area. Joan Griffin stated that it might be best to view the site at high tide. Abby Burns agreed. The Commission scheduled a site visit for Saturday March 16 �' Y 1996 at 8:00 a.m. Fred Harney opened the hearing up to public comment at this time. Russell Vickers addressed the Commission and questioned whether the project required a stated DEP permit. Mr. Kelly stated that they did and one has been issued. Jack Lands of the VFW addressed the Commission and asked to have the location of the work clarified for him. He approached the table and viewed the plans. 4 • Joan Griffin asked if the area was one that was previously filled and eroded away or if they are just filling it in now. Mr. Kelly stated that the area was previously filled in and he would bring pictures to the next meeting. There being no fiuther comment at this time a motion was made by Abby Bums to continue the Public Hearing to April 11, 1996, seconded by Joan Griffin and approved unanimously. PUBLIC BEARING - NOTICE OF INTENT - 16 CLARK AVENUE - KENNEIH STEADMAN Ken Steadman addressed the Commission and presented plans to construct a single family house at 16 Clark Avenue. He noted that the proposed work is located in the buffer zone. Joan Griffin requested that Fred Hamey review the history of this property for the benefit of the new members on the Commission. Mr. Steadman noted that when he purchased the property there was an . existing Order of Conditions issued by the Commission in March of 1993. He stated that it was quite a lengthy order, and that some of the things have been done. He noted that he looked at the site with Beth Debski and Will Beaulieu and they felt that he should go for a new order, and possibly condense or eliminate some of the conditions. Mr. Steadman also noted that he has an engineers report. He noted that the slope has been stabilized and the report makes some recommendations on the area. Abby Burns asked if there was any evidence that the trees have started to die. Mr. Steadman stated that the engineers report stated that there are some trees that have died and should be removed. Fred Harney suggested a site visit. Mr. Steadman stated that the Commission might want to see the site without snow cover. The Commission scheduled a site visit for March 23, 1996 at 6:00 p.m. • Fred Harney addressed the Commission and Mr. Steadman and stated that he wants to see the area developed and put this issue to rest. He also noted that 5 • the Order of Conditions issued in March of 1993 ,was one of the most thorough orders ever issued by the Commission since he has been a member. He further noted that those conditions were written with good reason. He asked Mr. Steadman to review that Order of Conditions and see what he can live with and the Commission can discuss it with him, but he is not willing to j void the entire order but there may be some things that can be changed. Mr. Steadman agreed and stated that he is not asking to have the order voided. He also noted that he has some thoughts on how to keep the water away from the slope. Fred Harney opened the hearing up to public comment at this time. There was no one present who wished to comment on the matter. Motion made by Joan Griffin to continue the Public Hearing to March 28, 1996, seconded by Abby Bums and approved unanimously. OLDNEWBUSINESS Tom Keough addressed the Commission and handed out a memo regarding the Tri-City Sales property. He explained that the City has involved the police in the matter and that Captain Blake has warned them that they will be towed from the site if they park their vehicles there. Fred Harney stated that Mass Highway is trying to get the State Police involved as well. He stated that they have enough to charge Mr. Chase, but they are still waiting to see if they will get involved. 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 Mary Lou Mielcarz, and approved unanimously. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk • CC031496 6 SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, MAY 9, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, May 9, 1996 at 7:00 p. m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Hamey, Jim Dillon, Abby Bums, Mary Lou Meilcarz, Joan Griffin, and Mark George. Also present were Acting City Planner Beth Debski, and Eileen Sacco, Clerk. PUBLIC RIN T - NOTICE OF INTENT - MARBLEHEAD MUNICIPAL LIGHT DEPARTMENT Bob Joly, Manager of the Marblehead Municipal Light plant addressed the Commission and explained their Notice of Intent for site remediation and electric transmission line installation on Lafayette Street at the Forest River. • Mr. Joly explained the over all project to the Commission and noted that whatever they disturb they plan to restore. Beth Debski noted that this is an area that the City has been trying to buy for the extension of the bike path, noting that they have been negotiating with Gilford Transportation on the matter. Mr. Joly showed the Commission photos of the area. He also noted that a smallortion of the area is labeled as contaminated and the are under a time P Y limit to clean that up by July 18, 1996, so they are looking to start the work soon. Mr. Joly explained that the cable that is to laid underground will be done within a trench. He noted that the coastal beach and the coastal bank would be impacted. He also noted that they are going to install a siltation fence and hay bales during the project. Joan Griffin questioned if the area of contamination would be capped. Mr. . Joly stated that it would be capped because it is a non living residential area. • Ms. Griffin also suggested that they should put signage on the property to warn the public that there is a contaminated area on the site. Fred Harney questioned whether there have been any borings done on the site to see if there is any ledge on the site. Mr. Joly noted that the area has been built up so that there is probably some good fill there. Joan Griffin suggested that the Commission should take a site visit to the property. The Commission scheduled a site visit for Saturday, May 11, 1996 at 8:00 a.m. Motion made by Joan Griffin to continue the public hearing to May 23, 1996, seconded by Abby Bums and approved unanimously. DICUSSSION REGARDING B .ANEY STREET ORDER OF CONDITIONS Bill Kelly addressed the Commission and noted that when the Commission issued the Order of Conditions they requested that Mr. Mackey obtain a • report from a Marine Biologist to determine is there was any significant marine life located in the pond area on the property, before the fill work could begin on the site. Mr. Kelly reported that they have a report from Scott Rabadu, which stated that there is no significant marine life present in the pond. Mr. Kelly referred to the report, particularly the last paragraph which concludes that the proposed filling of the identified depression would not result in a substantive loss of potential wildlife habitat. Fred Harney noted that he felt that the condition was satisfied and that the work could now proceed as proposed and approved. CONTINUATION OF PUBLIC BEAEINGT - B TRNHAM ASSOCIATES - NOTICE OF INTENT The applicant, Mr. Craig Burnham failed to attend the meeting. The Commission discussed the project. Beth Debski suggested that the Commission could close the public hearing and issue an Order of Conditions denying the project. She noted that they have not received a DEP file number 2 4 . • for the project, and Mr. Burnham has indicated verbally that he plans to do work that is not indicated on the plan. Motion made by Joan Griffin to issue and Order of Conditions deny the project, based on the guidelines in Massachusetts Code of Regulations (CMR) 10:05 (6) (c), specifically that the information submitted by the applicant as to the description of the work intended is insufficient, the drawings or plans for the proposed work contain no reference to the dredging that the applicant verbally stated to he intends to perform on the site, no DEP file number has been received for the project, and the applicant failed attend the continuation of the public hearing to provide appropriate information to the Commission so that they could issue and Order of Conditions. Motion was seconded by Abby Burns and approved 5-0 with Fred Harney abstaining. There being no further business to come before the Conservation Commission at this meeting a motion was made by Abby Burns to adjourn the meeting, seconded by Mark George and approved unanimously. The meeting was adjourned at 8:30 p.m. • Respectfully submitted by: Eileen M. Sacco Clerk CC050996 3 SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, MAY 23, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, May 23, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Jim Dillon, MaryLou Mielcarz, and Joan Griffin. Also present were Acting City Planner Beth Debski, and Eileen Sacco, Clerk. Mark George was absent. Continuation of Public Hearing - Marblehead Municipal Light Department Bob Joly of the Marblehead Municipal Light Department addressed the Commission and noted that the Commission held a site visit and asked if there were any further questions regarding the Notice of Intent. Abby Bums stated that she felt that the proposal would be a great • improvement to the area. Jim Dillon suggested that they should consider the possibility of providing a stairway to the water side of the bridge. Fred Harney noted that he walked the site this morning and noted that there are ten trees on the left side coming in that he would like to see protected. Mr. Joly noted that they have no plans to remove any of them. Fred Hamey stated that if during the construction they find that they need to remove any of the trees they need to contact the Planning Department before doing so. There being no further questions or comments concerning the project, a motion was made by Abby Burns to close the public hearing, seconded by Joan Griffin and approved unanimously. Motion made by Jim Dillon to issue an Order of Conditions to the Marblehead Municipal Light Department, seconded by MaryLou Mielcarz and approved unanimously. f__ • The Commission discussed special conditions for the project. Jim Dillon asked if there would be any stockpiling of materials on the site. Mr. Joly stated that there would be no stockpiling of material but there would be some material stored on the site in containers that will be disposed of Properly. Motion made by Abby Burns to approve special conditions 1, 2, 3, 4, 5, 6, 7*, 12*, 13, 15, 18 and 19. ( Special conditions 7 & 12 were amended to pertain to this project), motion was seconded by Joan Griffin and approved unanimously. Determination of Applicability _ City of Salem - 33 Station Road Mike Collins addressed the Commission and presented plans for the installation of an 18" drain to be installed across lots 31 - 33 on Station Road. He explained that it is not known why the pipe ended at that point when the rest of the line was installed, but they intend to correct that with this plan. He showed an aerial photo of the location to the Commission. He also noted • that the property is continually clogged with rubbish and debris. Fred Harney asked if there were any plans for the property. Mr. Gaudreault the owner of the property stated that he would like to put up a fence, but it is his intention to leave the area open for the neighborhood children to play in. Fred Harney suggested that the Commission should hold a site visit to the property. Joan Griffin noted that the regulations refer to intermittent streams and that the regulations and the jurisdiction of the Commission do apply. She expressed her concern that this application should be a Notice of Intent, since a Determination of Applicability is not enforceable. Beth Debski noted that if the Commission was going to have the City file for a Notice of Intent she would like to know, so that they can get the plans prepared and get started with that process. • Motion made by Abby Burns to issue a Positive Determination, seconded by Joan Griffin and approved unanimously. 2 • Notice of Lntent - 12 Cleveland Road - Attorney Steve Loves Atty. Steve Lovely addressed the Commission on behalf of his client Arthur Raby and presented a Notice of Intent for the construction of a single family home at 12 Cleveland Road. He noted that the potential buyers are also present this evening. Atty. Lovely also noted that they will be submitting a revised plan since the size of the house has changed, and that would be available by the next meeting. Atty. Lovely also noted that the Board of Appeal approved a variance from frontage requirements, and they are going to the Planning Board on May 30, 1996 for a Waiver from Frontage. Atty. Lovely introduced Paul Sommer to explain the delineation of the wetlands. Mr. Sommer explained the process that he used to determine the wetlands. . Joan Griffin asked what kind of resource area was found there. Mr. Sommer noted that the area was a swamp and that there were cat tails and phragmites in the area. Fred Harney noted that the property has a history with the Commission and asked A4ty.. Lovely if there vieEe any outstanding letters from the Commission which ordered the stopping of dumping that was occurring on the property. Atty. Lovely stated that he did not believe so. Fred Harney asked if the house would have cellar. Jim McDowell addressed the question and stated that it would have a cellar and that they plan to dig 3 to 4 feet and pour the footings, and the cellar floor. Fred Harney asked that the Planning Department compile a history of the property for the Commission to review. He also suggested that the Commission schedule a site visit. Fred Harney asked if they have done any soil borings on the property to see what is there. Atty. Lovely stated that over the years people in the neighborhood dumped there. He also noted that in 1985 he did extensive 3 digging there to prove that there was nothing buried there. Fred Harney noted . that he is comemed that whatever is there,might not hold a foundation for a house. Motion made by Abby Burns to continue the public hearing to June 13, 1996 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 Burns to adjourn the meeting, seconded by Jim Dillon and approved unanimously. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC052396 4 • SALEM CONSERVAHON COiviivIISSION MIN U I hS Or Iv EE-I NG THURSDAY, J-UNEE 13, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, June 13, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Jim Dillon, Joan Griffin, and Abby Bums. Also present were Acting City Planner Beth Debski, Steve Dibble, and Eileen Sacco, Clerk. Continuation of Public Hearing - 12 Cleveland Street - Atty. Steve Lovely Atty. Steve Lovely addressed the Commission and recalled that the Commission held a site visit to the property at 12 Cleveland Street. He noted the present condition of the property and showed the Commission photographs of the area in 1985. Atty. Lovely noted that nothing has changed on the property since that time with regards to the encroachment of the • property on the wetlands. Paul Sommer of Sommer Environmental addressed the Commission and noted that at the site visit he presented a plan that represented the edge of the resource area in 1965 and a 1977 plan of the wetlands. He also noted that his flagging represented the toe of the slope and buffer zone activity. He suggested that it would be proper for the Commission to issue an Order of Conditions for the proposed dwelling. Jim McDowell addressed the Commission and noted that they based the flagging on the Jerome Long map that is on file with the City of Salem. Fred Harney asked what the size of the dwelling would be. Atty. Lovely stated that it would be 28 X 48, and would be a split level design with a garage underneath. Abby Burns expressed her concern that there was previous dumping done on the property, and noted that she was concerned about whether or not the • property could hold a foundation. Jim McDowell addressed the Commission and stated that the map on file with the city does not show a whole lot of record that shows that where the house is going to be located was substantially filled. Joan Griffin asked if they check the topographical maps to check the height of the property. Abby Burns noted that the Commission had issued a cease and desist order to Mr. Raby, and asked Beth Debski if it was possible to tell when the violations occurred. Beth Debski noted that is was difficult to tell where the filling occurred, but the order stated that there was unauthorized filling in the buffer zone. Paul Sommer addressed the Commission again and noted that the 1987 enforcement order was issued and there appeared to be no follow up on the part of the Commission regarding that order. Joan Griffin noted that there is a letter in the file from the Commission to Mr. Raby requesting that he submit plans and other requested information to the • Commission, and Mr. Raby never submitted them. She also noted that the Commission had requested that Mr. Raby tell the Commission the nature and the volume of the fill that was placed on his property, and that information has not been received as well. Atty. Lovely stated that Mr. Raby attended a Commission meeting and that he explained that the property had been leveled and that he could not afford to do the things that the Commission requested. He also noted that midnight dumping was a common practice in that neighborhood for years, and that signs have been posted that state "NO DUMPING". Abby Bums questioned whether Mr. Raby thought that the violations would go away, because he wants to sell the property. Atty. Lovely suggested that they could change the location of the house and go through other boards for approvals. Jim Dillon stated that he did not think that there was enough evidence that the location of the proposed dwelling is where the dumping occurred, noting that he did not want the Commission to appear punitive. 2 • Joan Griffin noted that Mr. Raby failed to respond to the previous requests of the Commission regarding flys property. She also noted that the Commission could not allow people to create lots by violating the Wetlands Protection Act and then make money on them. Atty. Lovely noted that the lot was in existence in 1985 and was not created. Abby Burns asked what kind of liability the Commission has if the allow the house to be built and the house starts to sink. Jim Dillon stated that he sees no evidence that there has been ongoing filling at the site of the proposed location of the house. Joan Griffin asked if the applicant would be willing to do some test borings on the property. Atty. Lovely stated that it would be difficult to tell what is there from what was there in 1966. Atty. Lovely stated that they could move the proposed location of the house forward and change the location of the house. He also suggested that perhaps • his client could mitigate in some other way. Fred Harney noted that he recalled that there was filling in more than one area of this property and not just the back comer of the lot. Abby Burns also stated that she would like to have some test borings done so that the Commission would know what is there. Chairman Harney opened the meeting up to public comment at this time. Mr. Kelly the potential buyer of the property addressed the Commission and stated that he has already sold his house and is waiting for the approvals on this property so that he can build his new house. He urged the Commission to approve the plans, and noted that he has no place to go at the present time. There being no further comments or questions regarding this matter a motion was made by Abby Burns to close the public hearing, seconded by Joan Griffin and approved unanimously. • The Commission discussed the issuance of an Order of Conditions. 3 • Abby Bums noted that Jim Dillon and Fred Harney have two different opinions regarding the matter. Fred Harney stated that minimal dumping is not what he observed in 1990 and that he does have great concerns about the project. He also noted that the lot was created and that he has concerns about the foundation being placed on filled land. He also stated that he wonders what kind of material was dumped there. Abby Burns stated that she felt that test borings should be done on the property. Joan Griffin suggested that the Commission should issue an Order of Conditions denying the project. Motion made by Joan Griffin to deny the Order of Conditions on the grounds that there is an outstanding enforcement order on the property dated 1989- 1990, and that the owner has not complied with the enforcement order, and that there was admission and evidence of dumping and illegal filling in the • buffer zone. The motion was seconded by Abby Bums and approved 3-1 with Jim Dillon opposed. Request for Determination of Applicability - Champlain Road Jim McDowell addressed the Commission and explained that the area is an area of massive ledge at the end of Arthur Street. He stated that they are proposing a change in the grade from the top of the lot to the flagged area. He also noted that there would be a substantial change in the grade from the edge of the Bordering Vegetated Wetland located and flagged on the plan. Mr. McDowell explained that the property is going to be a four lot subdivision serviced by a short road, and that they would be.in with a Notice of Intent for the entire project, noting that this request for a Determination of Applicability is only to confirm the line. Joan Griffin suggested that the Commission visit the site. Fred Harney noted that he had been to the site and there is a lot of ledge there and if they have to come back with a Notice of Intent there might not be a need for a visit at this • time. 4 • Motion made by Joan Griffin to issue a positive determination for Champlain Road, seconded by Abby Bums and approved unanimously. Public Hearing - Notice of Intent - 37 Station Road - Barry & Lorri DeFrancesco Dr. Hugh Mulligan of Gulf of Maine Research Inc. addressed the Commission and explained that his clients are proposing to build a single family home on a 13,000 s.f. lot, and that they are proposing to fill 1,500 s.f. of Bordering Vegetated Wetland on the property. Joan Grimm suggested that the Commission schedule a site visit to the property. She also cautioned that applicants that she has not seen this much filling proposed for a house. Dr. Mulligan noted that the law allows for filling to be done with the approval of the Conservation Commission. Fred Harney requested that Dr. Mulligan stake the corners of the proposed dwelling on the property, and flag the areas of mitigation before the site visit. • The Commission scheduled a site visit for Thursday, June 20, 1996 at 6:15 p.m. Chairman Harney opened the meeting up to public comment at this time. Mrs. Gaudreault addressed the Commission and questioned if the land is filled would it cause any water problems on the land around it,noting that she is concerned about drainage. Dr. Mulligan stated that you cannot displace water from one lot to another, and that they have drainage plans. Len LaFrancois of 72 Moffatt Road addressed the Commission and noted that during heavy rain the property is under water. There being no further comments or questions at this time a motion was made by Jim Dillon to continue the public hearing to June 27, 1996, seconded by Abby Bums and approved unanimously. 5 • Public Hearing - Notice of Intent - Massachusetts Electric MGP Site Steve Damiano, Senior Environmental Engineer, and Joseph Callanan, Senior Environmental Scientist for Mass. Electric addressed the Commission and presented plans for a remediation project at the Salem MPG site on Planters Street, at Collins Cove. Mr. Damiano explained the location of the areas involved in the project and showed the Commission photographs of the area. He also noted that the project would have direct DEP oversight, and that they have completed phase 1 and phase 2 and that they are now at the point where they know quite a bit about the site. Mr. Damiano reviewed the areas that are to be included in the remediation and described each to the Commission as follows: Area 1 - includes minor upgrades to an existing gravel road for access into the site. Area 2 - Includes the necessary routes to work areas. The subsurface barrier wall and three associated subsurface trenches are proposed for this part of the project. A small storage building used to house a storage tank for DNAPL removed from the collection system, and for equipment storage will be placed in area 2. Subsurface utilities will also be located in a shallow trench that runs parallel to the barrier wall alignment. Area 3 - Encompasses 60,750 s.f. of tidal flats in Collins Cove. Mass Electricro oses to remediate the contaminants in the tidal flats using a 2 P P g step approach. The first step is to cut off firther IPP migration from the contaminant source area . The second step is to degrade the remaining contaminants in place by encouraging the breakdown of unwanted compounds through biological degradation and natural attenuation. Area 4 - Mass Electric proposes to restore the coastal bank that has been eroded. Approximately 600 s.f. of coastal bank has been scoured and they propose to restore the area as part of the remediation of the project. There being no further comments or questions regarding the project, a motion was made by Abby Bums to close the public hearing, seconded by Joan Griffin and approved unanimously. 6 • Motion made by Joan Griffin to approve the project and that the approval of the plan and attachment is pursuant to the limited projects provision of 3•.14 CMR, seconded by Jim Dillon and approved unanimously. Extension of Order of Conditions #64-218 - Linden Avenue John Dick of Hancock Environmental addressed the Commission on behalf of his client Robert Bouchard. He recalled that the Commission issued an Order of Conditions 3 years ago for the construction of a house and a septic system. He also stated that they are requesting a modification to the Order of Conditions to include amendments to the plan. Mr. Dick explained that when they inspected the site for the certification to request a Certificate of Compliance, they discovered that the work completed on the site differs with the approved plans. He explained that the limit of the work (top of slope grading) behind the dwelling extends closer to the resource area than was approved. He also noted that a wooden deck and stairs,underlain by stone was constructed on the back of the house and was not shown on the plan, and there is a recently disturbed area which is shown on the plan has resulted from the cutting of vegetation and the placement of soil and rubble, located • north of the existing house. Mr. Dick also noted that although the grading and disturbance are closer to the resource area that was approved,thele was no alteration of filling of the pond. He also noted that the edge of the pond appears to be in the same as that shown on the approved plan and the work that was done beyond the approved Order of Conditions is limited to the buffer zone only. Mr. Dick requested that the Commission issue a modification to the Order of Conditions, along with a one year extension of the Order of Conditions because it is due to expire in July. Fred Hamey suggested that the Commission should visit the site. Mr. Dick agreed and noted that anytime was convenient for the applicant. The Commission scheduled a site visit for June 20, 1996 at 6:45. Motion made by Abby Burns to Continue the request for an extension of the Order of Conditions for Linden Avenue Extension, seconded by Joan Griffin • and approved unanimously. 7 • Old /New Business Abby Bums addressed the Commission and noted that the Friends of the Salem Woods has invited the City Council on a walk of the area on Sunday June 30, 1996 at 3:00. She encouraged members of the Commission to attend as well. She noted that the group would meet in the parking lot of the Municipal Golf Course. Beth Debski informed the Commission that Mr. Burnham has appealed the decision of the Commission to DEP. She also noted that Mr. Burnham needs a Chapter 91 license. Fred Hamey noted that he has received complaints of dumping at 15 Orleans Avenue. Beth Debski will send a letter and issue a cease and desist order. Fred Harney also noted that the activity taking place on the Salem Sign property is of concern. Beth Debski noted that the work is being done by the Pannetons. She stated that she will check the area out in relation to the wetland. • 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 Joan Griffin and approved unanimously. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC061396 8 i `PPro e0. ~ • Salem Conservation Commission Minutes of Meeting Thursday. June 27, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, June 27, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Hanley, Mark George, Abby Burns, Mary Lou Mielcarz, Jim Dillon and Joan Griffin. Also present were: Staff Advisor Steve Dibble and Eileen Sacco, Clerk. Continuation of Public Hearing - Notice of Intent - 37 Station Road R Dr. Hugh Mulligan of Gulf of Maine Research Center Inc., addressed the Commission on behalf of his clients Barry and Lori :DeFrancesco. Dr. Mulligan noted that the Commission held a site visit to the property on June 20th and noted that there were some concerns with regards to the project. . • Dr. Mulligan handed out a prepared statement regarding the concerns with responses to each of them. Dr. Mulligan reviewed the statement with the Commission. He noted that the first issue which was raised regarding the project is that the Salem Conservation Commission is trying to institute a policy whereby no filling is allowed in the wetlands and a setback for construction is encouraged. He noted that this buildable lot of 13,900 s.f is located in a single family residential area and the applicant is proposing to build a single family home. He also noted that the house would be located on the front portion of the lot 20 feet from the street. He also noted that in order to build the home he needs to place a small 10' strip of upland area are the rear of the house and he is proposing to fill 1,500 s.f. of wetland. Dr. Mulligan stated that this action is requested in full compliance with the Wetlands Protection Regulations (310 CMR 10.00) which allows up to 5,000 square feet of Bordering Vegetated Wetland to be filled, noting that when ever feasible avoidance of the wetlands is the appropriate coarse of action. Dr. Mulligan noted that in this case avoidance of the wetlands is not possible and the applicant has minimized and mitigated the impact. Dr. Mulligan further noted • that the wetlands regulations include provisions that have been written to approve and provide Orders of Conditions for projects like this so long as the proper measures are taken to conform with the performance standards for Bordering Vegetated Wetlands. Dr. Mulligan addressed the second issue that was raised and noted that the house is being placed in the middle of the wetlands and this is going to cause a major problem with flooding. Dr. Mulligan noted that the house is being placed as far toward the street on the lot as is allowed. He noted that it will line up with the existing and proposed homes on Station Road and at least one half of the house will be placed on upland. He also noted that the to place the house on the southwest comer of the lot he house will require filling of a small portion of the wetland on the lot. An additional 10' strip of wetland will be filled at the rear of the house. Dr. Mulligan again noted that the WPA have anticipated the need to fill up to 5,000 s.f. of BVW and have indicated , the measures to be taken when filling of wetlands is necessary. He also noted that the applicant is proposing to comply with these regulations by creating and restoring an equal area of wetlands at the site. Dr. Mulligan addressed the third issue that was raised noting that there is a concern that the placement of the house and the filling of the wetland will cause flooding problems in the neighborhood. Dr. Mulligan noted that the • applicant is not required to correct existing flooding problems in the neighborhood, but he cannot make the existing problems any worse. He noted that the applicant would remove the existing fill and prevent anyone from discharging additional fill on the property. In addition, through the proper use of dry wells associated with roof and perimeter drainage, the applicant can cause more of the surface water to enter the ground/dry well that is the case at the present time. He also noted that by adding fill to a portion of the highest part of the wetland, and by removing some of the soil at a lower elevation at the rear of the lot where the water would have a natural tendency to flow, the applicant is providing additional water storage capacity on the lot at the elevations where flooding already occurs. Dr. Mulligan reviewed the fourth concern and stated that the issue is that the aM%WA is-sRMing a VMAWA at 4he edge o€*1t Zkk' %%PSWUty vihkh vias formerly not present. He noted that the abutter contends that this action damages his property. Dr. Mulligan responded to that issue noting that there are currently wetlands on both sides of the abutters property. He noted that the BVW on the applicants property is approximately 20' from the present • property line. He noted that the buffer zone measured out 100 feet from the 2 ~ • existing edge of the wetlands extends well onto the abutting property and includes most of the yard and his house. He also noted that creating another 20' strip on the applicants property adjacent to the boundary of this abutting property will have no significant effect on the upland on the abutting property. He also noted that the house and most of the lot will still be within the buffer zone of a BVW. Dr. Mulligan noted the unique features of this lot and the major effort that the applicant has undertaken to design to these conditions and conform with the wetlands regulations. He also noted that the applicant is proposing to undertake this project in a manner which complies with the Wetlands Protection Act and Regulations and which allows the Commission to vote to approve the project and provide an Order of Conditions for the project. Mark George asked Dr. Mulligan if this project would exacerbate the flooding problems that already exist in the neighborhood. Dr. Mulligan stated that there is a lot of illegal fill on the rear of the property and the applicant will remove that and the flood storage capacity will be increased at the rear of the lot. Mark George suggested that perhaps the runoff could be re- routed to • the front of the property. Dr. Mulligan noted that the natural flow is to the rear of the property. Jim Dillon asked what the distance would be from the house to the wetlands. Dr. Mulligan stated that is would be about 40 feet. Jim Dillon noted that the thing that bothers him about the project is that there would be no back yard, and he questioned what assurance the Conumssion would have that the wetland would not become a swimming pool or a basketball court. Dr. Mulligan noted that they are asking the Commission to approve a plan, and anything other than what is on that plan is a violation and the Commission could take action against the applicant. Abby Bums noted that she was at the site today and noticed an area of the plan that was very wet. Joan Griffin questioned whether they would be satisfying the WPA if you have an upland and create a wetland. Dr. Mulligan stated that they would be is the proper c 1 trols were used. He also noted that the roof drains into the • dry wells. m�� 3 Mary Lou Mielcarz asked that Dr. Mulligan explain the uplands to her. Dr. Mulligan noted that in order to be a wetland there has to be wetland soils and • that area has wetland soils and upland vegetation. He stated that they are proposing to take the upland and bring the grade down and make it a wetland. He noted that it would have wetland soil and wetland vegetation and the water storage area would be increased. Joan Griffin referred to 310 CMR 10.55 20 which gives the definition of a Bordering Vegetated Wetland. She asked Dr. Mulligans associate to explain. He noted that the law allows you to go into a recently disturbed area and allow you to look below that area and see what was ongmally there. Dr. Mulligan noted that the regulations regard disturbance. Joan Griffin noted that the soil found was a hydraulic mineral soil,which is RCA a very wet wetland soil. Dr. Mulligan noted that this soil condition is not unique to this area. Fred Harney asked if the house would be on a slab or a foundation. Dr. Mulligan stated that they would possibly put it on a foundation so that they could have a cellar and a garage. Fred Harney expressed his concern that the • slab or the foundation might not be held on the site. Dr. Mulligan stated that they would need to get a modification to the plan if anything other that what is approved needs to be done on the project. Mark George suggested that rather than mitigate 1-1 they should look for a way to approach the drainage and look at the front of the site. He noted that he is concerned about the rear of the property and if they could mitigate less than is called for that would diminish the impact on the rear. Joan Griffin stated that she did not think that the loss of the land would accomplish that. Dr. Mulligan stated that in terms of the best use of the property this is the preferred location for the house. Fred Harney opened the hearing up to public comment at this time. The owner of the property addressed the Commission and stated that he has lived there for over 20 years and he subdivided the property back then with the intention of developing it but was never able to. He noted that the • development of the land would clean up the area and make it much nicer. 4 • Barry DeFrancesco addressed the Commission and noted that he hired a professional to plan this so that he would not hurt the neighbors. Kenneth LaFrancois addressed the Commission and stated that he has seen a lot of water back there. A resident of 35 Station Road addressed the Commission and stated that he has seen geese, birds and rabbits there and he is concerned that the project g P J will disturb the wildlife in the area. Dee Gaudreault of 66 Moffatt Road addressed the Commission and stated that she has lived there for quite a while and has dealt with the water problems all along. She noted that she has done everything to make her property better. She stated that she is concerned that this project will make the existing problems worse, and it could be an infringement on what the neighbors have done to make it better. There being no further questions or comments a motion was made by Joan Griffin to close the public hearing, seconded by Abby Burns and approved • unanimously. Joan Griffin made the following motion which she prepared for the meeting and gave copies to the Commission members: I move that the Commission issue an order denying an order of conditions on the ground that no set of conditions will satisfy the criteria of the Wetlands Protection Act and our local ordinance based on the following factual findings: 1. The proposed building would be built on land that is now roughly 50% wetland; 2. The proposed building, if built according to plan, would end a mere eight feet, at most from the wetland; a. This does not satisfy the twenty five foot minimum setback we have applied to residential construction; 5 y b. It is impractical in this instance in that it would result in a small • pocket of wetlands and wetlands vegetation within a thickly settled suburban neighborhood of mowed lawns. The chances that the wetland would be disturbed by a future owner to create additional lawn is so high and so impossible to police as to make the project impossible to condition. 3. The proposed mitigation would at most provide one to one replication. Given the difficulty and unreliab-ility of establishing new wetland and to make clear the Commission's belief that preservation of existing wetland is preferable to creation of new wetland areas wherever possible, this Commission might well require one and one half to two times wetland replication for wettand areas to be filled. Furthermore, it is not clear that the proposed plan will provide one to one replication (under the pool) does now, according to the applicant's expert, have wet soil, though it does, though it does have less than 50% wetland species. Clearly, it is a filled area that was at one time a wetland, based on reports of neighbors standing water and the type of vegetation that grows if the area is left ummowed, it might well be considered wetland if it were not kept • mowed. We need not make an explicit finding on this issue, however, since other factors are dispositive. 4. The proposed mitigation moves the wetland from the center of the property to the property line, thus bringing the wetland closer to the property he of the neighbor. The neighbor's property, which was actually part of the property here at issue before it was sold and subdivided, has been filled and mowed and is a lawn. The abrupt transition from proposed wetland mitigation area to suburban lawn makes this mitigation project impractical. In addition, the movement of the wetlands up to the neighbors property line might well adversely affect the wetland as the neighbor is not before this Commission and this Commission cannot, therefore, prohibit the neighbor's use of pesticides, fertilizers, etc. on the property that would be directly abutting the proposed new wetland. For all of these reasons, I move that the Commission issue and order denying an Order of Conditions for the proposed project on the ground that no • 6 ~ conditions can be set that would satisfy the requirements of the Wetlands Protection Act, and our local ordinance. The Commission discussed the motion. Mark George questioned where the 25 foot setback came from. Ms. Griffin stated that it is something that the Commission has imposed on other projects. Mark George stated that unless it is written in the regulations or the city ordinance, he is not comfortable imposing that on any applicant, and it that were the case the applicant should know that before they come to the Commission with their plans. He also questioned why the Commission would impose something that does not exist. Ms. Griffin explained that the Commission has been trying to establish regulations and that this is one of the areas that they want to address. Dr. Mulligan stated that if there was a 25 foot setback requirement by the Commission the they would not have proposed the project. Mark George also noted that unless the regulations have been adopted by the Commission applying a setback requirement to any project, they should not • be subjecting applicants to this as long as they meet what is required. He also noted that what is before the Commission is what they should be addressing, not the future. Joan Griffin stated that this is a Disney Land plan that works on paper, but not as a practicality, and the Commission is entitled to consider basic human nature. Mark George noted that if this plan meets the requirements, the future of the yard area is not before the Commission, and he feels that this is pushing way beyond the perview of the Commission. He noted that the WPA says 1-1 replication not 1 1/2 - 2 times as the motion suggests. Joan Griffin stated that the Commission must apply the WPA but they are allowed to go further, if they see fit. Jim Dillon noted that the Notice of Intent deals with the WPA and responds legally to the regulations. He also noted that he is having a hard time pointing to any area of the statute that says that the Conservation Commission should not allow the project. 7 ~ Abby Burns noted that the applicant has paid to have this plan and that if the Commission had the means to hire their own consultant they would get the • other side of the story. Mark George suggested that the Commission put off this decision until the next meeting. Dr. Mulligan stated that they could look into moving the replication to the front of the lot. He again noted that the 25 foot setback is impossible. Fred Ramey noted that he questioned the legality of that setback. Commission has imposed '1 z noted that in the case where the C v M Lou Mei car az'Y - the 25 foot setback, there was room to do that. Jim Dillon noted that the Commission has not addressed where the applicant ti has not met the burden. There being no further discussion on the matter, the motion was put to a vote. The motion failed 4-2 with Fred Hamey, Mark George, Jim Dillon and Mary Lou Meilcarz voting against the motion,and 310-an Griffin and Abby Bums voting in favor. • Steve Dibble addressed the Commission and stated that if the Commission is going to postpone action on this tonight he would rather that they re-open the Public Hearing, to be safe in the event that there is not a quorum at the next meeting. Mr. DeFrancesco addressed the Commission and stated that he has spend a lot of money on this project and that he would like an answer tonight. Motion made by Jim Dillon to postpone the decision for 37 Station Road, until the next meeting of the Commission on July 11, 1996, so that the Planning Department can take a look at the plans, seconded by Mark George and approved unanimously. Request for Extension of Order of Conditions #64-218 - Linden-Aye= Extension John Dick addressed the Commission on behalf of his client Mr. Bouchard, and noted that the Commission visited the site on June 20, 1996. He noted that they are requesting the extension so that the fill that was placed can be cleaned up and the vegetation can be started. • 8 Joan Griffin asked if the applicant has a clear understanding of what he can and cannot do with regards to his property and the Order of Conditions that has been issued. Mr. Bouchard stated that he does now, and that they will do the work according to the plans. Motion made by Jim Dillon to extend the Order of Conditions for one year and to amend the plan to loam and seed the area noted on the plan, seconded by Abby Burns and approved unanimously. Old/New Business Steve Dibble noted that the Bi-Annual monitoring report from GTE has been received as per the Order of Conditions for the project. Fred Harney requested that Steve Dibble see if there is any way that the CWMMs-avM szm hz Vez6f4ed if thele,is a mo M to vab&m&arijli�k tW& involves wetlands. He noted that the 37 Station Road parcel was done 20 years ago, but for the future he would like the Commission to be notified. Steve Dibble noted that the cease and desist order was issued for 15 Orleans Avenue. Steve Dibble reported that the Greenlawn Avenue property to the rear of Salem Sign is being filled outside of the wetland. He also noted that they have been notified that a drainage alteration permit is needed. Fred Harney reported that the neighbors in the Forest River area have met, and have agreed that the tidal gates should only be closed at the first high tide on Saturdays and there will be no Friday closings of the gates. Abby Bums asked if there was any word on the status of the new member for the Commission. She noted that she has suggested someone to the Mayor, but did not know what the hold up was. There being no further business to come before the Commission at this meeting a motion was made by Jim Dillon to adjourn the meeting seconded by Abby Burns and approved unanimously- 9 The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC062796 w • 10 SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, JULY 11, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, July 11, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Mark George, Mary Lou Mielcarz, Abby Burns, Jim Dillon and Joan Griffin. Also present were Assistant Planner Steve Dibble, and Eileen Sacco, Clerk. Public Hearing - Notice of Intent - Proposed Parker Brothers Demolition - 190 Bridge Street Atty. Bill Tinti addressed the Commission on behalf of his clients Hasbro Inc. and explained that the company has been trying to market the"property for the past few years and they have determined that the site would be more marketable if the buildings on the site were demolished. He noted that this • Notice of Intent is only for the demolition of the buildings on the site and is not a redevelopment plan. Atty. Tinti turned the meeting over to Karen Wynne of CID Associates to explain the plans. Ms. Wynne addressed the Commission and noted that the area of the site is approximately 300,000 s.£, located on the North River, and abuts the MBTA Station. She also noted that there are 13 buildings on the site and they plan to leave the subsurface structures in place as they could potentially benefit the redevelopment of the site. She also noted that the utilities would be left in place. Ms. Wynne noted that the resource areas of concern to the Commission are minimal and that the closest point to the North River is 125 feet. She also noted that the bank of the river is defined by the existing seawall. She also noted that the site is largely impervious and paved. Mark George questioned the presence of asbestos and oil tanks on the site. Kristen Di Muccio addressed that question and stated that they have done • investigations of the site and noted that between buildings 9 and 13 groundwater contamination has been found and been reported to the State. • She also noted that is part of the Massachusetts Contingency Plan and that the contractor will be made aware of it prior to demolition. Ms. Di Muccio also noted that asbestos will also be removed from the site if any is found. She also stated that underground storage tanks have been removed from the site and there is still the potential that there are more on the site. She also noted that there is the potential to find other contaminants on the site as well as the demolition occurs. Mark George questioned whether the runoff from the site goes into the river. Me. Di Muccio stated that the runoff now goes into the city storm drains. She also noted that they would place hay bales around the existing drainage areas during demolition, as well as a silt fence to be installed around the perimeter. Joan Griffin asked if the storm drains had oil and gas traps. Mr. Di Muccio stated that they have no documented evidence of them and doubts that they are on the site. • Abby Burns asked how long the demolition would take. Ms. De Muccio stated that if the permits are in place they plan to start in early September and the site should be graded by early December. Atty. Tinti explained that they City and Hasbro has formed a partnership and a nation wide RFP for the development of the site has been started. Joan Griffin questioned how they would leave the site with the existing piling and what it would look like. Ms. Wynne stated that they will spread crushed concrete on the foundations. She also noted that they will be doing a final topographic survey of the site. Abby Burns suggested that the Commission should visit the site. Chairman Harney opened the public hearing up for public comment at this time. A resident of 10 Woodbury Court addressed the Commission and stated that • he had talked to the Mayor about the possibility of getting a cul de sac from part of the property for access in his neighborhood, and that they Mayor • agreed to see about that. Chairman Harney informed him that the issue was not a conservation matter and that would be addressed by another Board. Fred Harney noted that there is a time constraint involved here and if the Commission wants a site visit, it should be held by the next meeting so the matter can be voted on at the next meeting. Jim Dillon questioned whether it was necessary to hold this up with a site visit. Abby Burns questioned if anyone had looked at the drainage on the site, and would the drainage change because of the demolition. Ms. Wynne stated that they plan to retain the same drainage patterns that exist presently. She also noted that the redevelopment of the site would study the drainage and plan for changes if there are any. Abby Burns stated that she is concerned about pollutants from the parking area and questioned where they go. Atty.. Tinti stated that it goes to the existing drainage, and the demolition of the buildings won't change that. Fred Harney asked if the site would be plowed during the winter. Atty. Tinti noted that the City of Salem uses a portion of the site for parking and that • they maintain that area. He also noted that in the past only the perimeter of the property has been plowed to allow for access for fire trucks. There being no further questions or comments regarding this matter a motion was made by Abby Burns to close the public hearing, seconded by Joan Griffin and approved unanimously. Motion made by Jim Dillon to issue an Order of Conditions for the demolition of the Parker Brothers site at 190 Bridge Street, seconded by Mark George and approved unanimously. The Commission discussed special conditions for the project. Joan Griffin asked if there would be any maintenance of the parking areas while the property is vacant. Atty. Tinti noted that the city has been maintaining the parking areas and sweeping them. Ms. Griffin suggested that the paved areas should be maintained twice a year. • Joan Griffin questioned if there would be any stockpiling of material on the site. Ms. Wynne stated that if they find any contaminated soil it would be properly stockpiled on poly eurothane and covered as well as surrounded by hay bales. She also noted that it cannot be removed from the site until it is tested, and then they would determine if it would be recycled or disposed of off site. Joan Griffin suggested that the Commission limit the amount of time that the material can be stockpiled to 14 days and if they find that they need more time they can come back to the Commission for an amendment to the condition. The Commission decided to issued special conditions 1, 2, 3, 4, 5, 6, 7, 14, and 15. They also decided on the following additional special conditions: 1. That the paved areas be cleaned twice yearly. 2. That the stockpiling of material if necessary, shall be limited to 14 days, and if additional time is needed the applicant shall come back to the Commission. Motion made by Mark George to issue 11 special conditions, seconded by Abby Burns and approved unanimously. • Public Hearing - Notice of Intent - Proposed 10 Lot Subdivision - Station Road Extension Chuck Faia of Parsons and Faia addressed the Commission and explained the plans for a proposed 10 lot subdivision. He noted that a different plan for this property was before the Commission a few years ago. Mr. Faia explained that the plan calls for a detention area to increase the 100 year storm and that there would be no increase into the wetlands up to the 100 year storm. He also noted that the catch basins would have sanitary hoods. Fred Harney asked if the project has been before the Planning Board. Mr. Faia stated that they have not filed with the Planning Board yet, but they plan to in September. Chairman Harney also noted that the Commission would take a site visit to the area. • Chairman Harney opened the Hearing up for public comment at this time. . Ken LaFrancois of 72 Moffatt Road addressed the Commission and stated that he commends Mr. DiBiase for reducing the size of the development to 10 lots. He also noted that he thinks that it is a good plan and it could work, but he is concerned about the drainage. He noted that he has lived there for 23 years and showed the Commission pictures of flooding that occurs in the area. Don Gaudreault of 33 Station Road addressed the Commission and stated that there is a problem with the flow of the water in the area. He explained that there is a pipe on either side but it is not connected. Dorothy Tully of 84 Moffatt Road addressed the Commission and stated that she is concerned that Station Road has been raised above the level of Moffatt Road, and she is concerned that she might get water problems from the additional drainage that this development will have. Francis Murphy of 10 Quadrant Road addressed the Commission and noted the pipe on Mr. Gaudreaultsproperty, and asked if the detention area would P P work the same way. Mr. Faia stated that it is something similar but their • intention is to decrease the flow. Mr. Murphy also asked how much higher or lower is the street going to be. Mr. Faia stated that it would be 5 feet higher. He also noted that some fill would be brought in. Brenda Zielinski of 27 Marion Road addressed the Commission and stated that she is concerned that lots 6, 7, and 8 abut Pickman Park. Mr. LaFrancois of 35 Station Road addressed the Commission and noted that the water table in that area is so high, he does not see how it could take one more inch of water. Mrs. Foustoukis of 88 Moffatt Road addressed the Commission and noted that she is concerned about the brook that runs down the property. Dorothy Tully of 84 Moffatt Road addressed the Commission again and noted that she was also concerned about blasting during the project. Chairman Harney explained to Ms. Tully that blasting is a Planning Board issue. • Steve Dibble addressed the Commission and stated that he received a letter regarding the project from Ward Seven Councillor Mark Blair. He read the letter to those present. (A copy of that letter, and a previous letter from Councillor Blair regarding this property are attached to these minutes.) There being no fiuther comments or questions regarding the matter at this time, a motion was made by Jim Dillon to continue the Public Hearing to July 25, 1996, seconded by Mark George and approved unanimously. The Commission scheduled a site visit to the property for Thursday, July 18, 1996 at 6:15 p.m. Abby Burns requested that the developer provide drainage calculations for the next meeting with the Commission. Notice of Intent - 37 Station Road - Issuance of Order of Conditions Steve Dibble addressed the Commission and stated that the city engineer looked at the property, and read a letter from Michael Collins to the • Commission. (A copy of that letter is attached to these minutes.) Mr. Collins letter stated that per the request of the Commission he visit the site and found the general topography of the land to be quite flat with small depressions and raised areas. He also noted that nowhere in the rear of the property did he see areas that were raised so significantly as to be called uplands. He further stated that hydraulically, there is little value to lowering these areas as they are so small and if lowered to the same grade that surrounds them, there would be no real additional storage provided. Mr. Collins also included 9 photographs of the area for the Commission, and noted that there is a drastic drainage problem in the area of 35, 37, and 39 Station Road which needs to be addressed. Dr. Mulligan addressed the Commission and requested to explain a change to the plan that they have made that will take 1/4 of the water out of the rear of the property and out to the front, as was suggested at the last meeting.??????????????????????????????????????? Jim Dillon noted that the statute allows for the mitigation that is proposed for • this project. He also noted that DEP will not give you a file # if they did not think that the plan was viable. it Motion made by Abby Burns to deny the plan as proposed, seconded by Joan Griffin and approved 4-2 with Mark George and Jim Dillon voting against the motion. PUBLIC HEARING - NOTICE OF INTENT - PROPOSED SOUTH RIVER DREDGING PROJECT Michael Geisser addressed the Commission and explained the proposed plans to dredge the South River. Fred Harney asked how long the project would take. Mr. Geisser stated that the actual dredging would not exceed three months. He stated that they would like to present the bidding documents in January and the project is expected to start in June of 1997. Jim Dillon asked what they plan to do with the material that will be removed. Mr. Geisser stated that they would dewater the material and it would be stored properly until they get permission to remove it to an approved site. He noted that tests show that there are no PCB's or Negligible Metals. • There being no further questions or comments from those present, a motion was made by Abby Burns to close the Public Hearing, seconded by Joan Griffin and approved unanimously. Motion made by Joan Griffin to issue an Order of Conditions, seconded by Abby Burns and approved unanimously. There were no Special Conditions issued for the project. PUBLIC BEARING - REQUEST FOR DETERMINATION OF APP .I ITY - 30 WINTER ISLAND ROAD John Judd addressed the Commission and explained his proposal to replace the existing foundation on his house at 30 Winter Island Road. He noted that the property is 5000 s.f. located in the corner adjacent to the Plummer Home for Boys. Fred Harney asked if they plan to lift the house. Mr. Judd stated that the will lift the house and it will be done by professionals. He also noted that there will be no increase in the foot print of the house. There being no further questions concerning this matter, a motion was made by Joan Griffin to close the Public Hearing, seconded by Abby Burns and approved unanimously. Motion made by Jim Dillon to issue a Negative Determination, seconded by Abby Burns and approved unanimously. PUBLIC RING - NOTICE OF INTENT - PROPO ED MDUATURE LF COURSE - 100 SWAMPSCOTT ROAD Atty. Joseph Correnti addressed the Commission on behalf of his client Mr. DiLisio, and presented plans for a proposed 18 hole miniature golf course at 100 Swampscott Road. Atty. Correnti noted that the property is owned by the tennis club and they are under agreement with them, pending approvals. • Atty. Correnti explained that they propose that the parking area would be crushed stone, and a small shed which will house two employees would also be constructed. He also stated that there would be a walkway to a small foot bridge that would cross a small stream that runs behind the tennis club and across the proposed golf course, and out under Swampscott Road. Atty. Correnti explained that the foot bridge would be natural wood construction on pilings, and would be slotted appropriately to let light and air pass through, to protect the vegetation. He also noted that the foot bridge would be 6 - 8 feet wide. Atty. Correnti explained that the DiLisio's have done extensive research on this and they plan to work with the existing topography. He also noted that this project would clean up the area, noting that there is excessive dumping that occurs there. He also noted that the entire project is in the buffer zone. Atty. Correnti also noted that there is a septic system on the property for the tennis club and that would be removed and water and sewer services would be brought in from Swampscott Road. Abby Burns asked if the golf course would be mostly grass areas. Atty. Correnti stated that they plan to use astro turf. Abby Burns suggested that the Commission have a site visit to the property. The Commission scheduled a site visit for July 18, 1996. Motion made by Abby Burns to continue the Public Hearing to July 25, 1996, seconded by Jim Dillon and approved unanimously. Dr. Hugh Mulligan informed the Commission that they would be submitting revised plans that would show the buffer zone on them. REQUEST FOR EXTENSION OF ORDER OF CONDITIONS #64-15 AND #64-153, FAFARD COMPANY- 58 SWAMPSCOTT ROAD Chairman Harney asked Atty. Correnti if he was requesting the extensions on behalf of the Fafard Company. Atty. Correnti noted that he was not familiar with the request and asked that since they are about to expire, that the Commission extend them to September 30, 1996, and he will find out the • status of the projects. Motion made by Joan Griffin to extend the Orders of Conditions, #64-152 and #64-153, to September 30, 1996, seconded by Abby Burns, and approved unanimously. There being no further business to come before the Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Joan Griffin and approved unanimously. The meeting was adjourned at 10:20 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC071196 SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, JULY 25, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, July 25, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Joan Griffin, Jim Dillon, and Mary Lou Mielcarz. Also present was Stephen Dibble, Assistant Planner. In the absence of Eileen Sacco, Clerk to the Conservation Commission, these proceedings were taped, and transcribed by Eileen Sacco. Joan Griffin explained that Councillor Paskowski addressed the Commission and reported that Mr. Mackey has started construction of which the Commission has no notice of, by dumping the stone and the dirt over the side and into the water and that does not comply with the Order of Conditions that required rip rap to be placed there and a cease and desist order should be issued. Motion made by Joan Griffin to issue a cease and desist order to Mr. Mackey and request that he come in and tell the Commission how that complies with the Order of Conditions, seconded by Jim Dillon and approved unanimously. • Joan Griffin noted that the cease and desist order should go out immediately and come to the next meeting. Jim Dillon questioned if the cease and desist order was for the dumping of the stone and could he proceed with the other filling. Joan Griffin noted that Mr. Mackey has put himself in this position by not going according to the plans. Steve Dibble noted that Councillor Paskowski's concern was about the rip rap being placed at the water line, and that is not in compliance with the Order of Conditions. Jim Dillon clarified that the Commission is concerned about the dumping of the stones into the water that doesn't seem to comply with the Order of Conditions issued by the Commission. Steve Dibble noted that there are other operations going on, on the property. Jim Dillon noted that no one has complained about those other operations and they could be in compliance with the Order of Conditions. Joan Griffin suggested that the Commission issue a cease and desist order for the dumping of stone along the water. Fred Harney asked if anyone has complained about the hours of operation for the project. Steve Dibble stated that he has not received notice of that. He noted that the Building Inspector would get those complaints. Joan Griffin suggested that the Commission inform the Building Inspector that they have been notified that the dumping of the stone took place after hours. • CONTINI JATTON OF PI JBLIC HEARING- NOTICE OF INTENT -PROPOSED • MINIATURE GOLF COURSE - 100 SWAMPSCOTT RD Atty. Joseph Correnti addressed the Commission on behalf of his client Mr. DiLissio. He requested that since there are only four members of the Commission present at this meeting, that they be allowed to continue the Public Hearing to the next regular scheduled meeting of the Commission. He also noted that they would be willing to sign a waiver if that is necessary. Joan Griffin asked if they were submitting information in response to the DEP questions, if they would do so in advance of the meeting. Atty. Correnti stated that they would submit the information in advance of the meeting. Motion made by Jim Dillon to continue the Public Hearing for 100 Swampscott Road, to the next regular meeting of the Conservation Commission, seconded by Joan Griffin and approved unanimously. OLD BUSINESS Fred Harney asked Stephen Dibble if a letter was ever sent to the Board of Appeals. Steve Dibble stated that a letter was never sent. Fred Harney asked if a letter was ever sent to the Building Inspector informing him that the Commission wanted to be notified of • all demolition. Joan Griffin noted that this issue came up with regards to the Wendy's project. She explained that the Building Inspector told the Contractor that they did not have to go to the Commission for approval for the demolition, and that is not true. Motion made by Joan Griffin to send a letter to the Building Inspector requesting that he include the Conservation on the approval list for demolition that is within 100 feet of the wetland, as well as send a letter to the Board of Appeal requesting that the Conservation Commission be notified of a request to subdivide a lot involving wetlands or within 100 feet of the wetlands, and give the Commission notice so that if the choose to the could P� Y Y attend the meeting, to raise issues. Motion was seconded by Jim Dillon and approved unanimously. Fred Harney also requested that a letter be sent to Charlie Quigley, regarding Station Road. He stated that he still has some concerns about the system and the piping. He questioned whether it is capable and what kind of condition it is in. He stated that he would like to see something from the City Engineer which states that the city is in agreement. Steve Dibble stated that he thought that it was the intention of the Engineering Department to re-file the Notice of Intent for the pipe, and does not know why they have not done so. The Commissions reviewed a plan of the Station Road area to clarify the locations of the areas in question. • 2 Steve Dibble noted that the 37 Station Road project was appealed to the City Council. Joan Griffin stated that it was her understanding that they can appeal to the City Council under the ordinance, but not under the Wetlands Protection Act. She stated that they still need to appeal to DEP. Steve Dibble noted that he has received nothing officially regarding the appeal to the City Council. He noted that because he is an abutter to the project, he did receive a notice of the appeal. There being no further business to come before the Conservation Commission at this meeting, a motion was made by Jim Dillon to adjourn the meeting, seconded by MaryLou Mielcarz and approved unanimously. The meeting was adjourned at 8:00 p.m. Respectfully submitted by: Eileen M. Sacco Clerk CC072596 • • 3 4 SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, SEPTEMBER 12, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, September 12, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Mark George, Abby Burns, Marylou Mielcarz, and Joan Griffin. Also present were: Steve Dibble, Assistant Planner, and Eileen Sacco, Clerk. Jim Dillon was absent. )QUEST FOR EXTENSION OF ORDERS OF CONDITIONS- FAFARD CORE ORDERS OF CONDITIONS #64-152, #64-153, and#64-178 Atty. Joseph Correnti addressed the Commission and explained the reasons for the requested extensions of three orders of conditions issued by the Commission. Atty. Correnti requested that the Commission issue a Certificate of Completion stating that no work was done on the site regarding order number 64-178. He explained that the location is near the Maynard Plastics site and there are no plans for the development of the parcel in the near future. He stated that if, in the future they decide to move forward and • develop the parcel,they would have to come before the Commission with a new plan. Mark George asked if the site had been disturbed in anyway. Atty. Correnti stated that they have not done anything to the site. Atty. Correnti discussed the other two orders(64-152 & 64-153), and requested a two year extension on them. He stated that they do foresee the future development of those parcels within the next two years. Joan Griffm expressed her concern about the granting of extensions for Orders of Conditions that originally issued in 1988. She noted that there have been changes in the laws and the regulations since then, and there is also more technology available. Atty. Correnti stated that he would agree with her on a bigger project, and noted that they are planning for the development of the property within the next two years. He also stated that the reason they were asking for the Certificate of Completion on the other lot is because they don't have any plans for it and they decided to close out the project. Motion made by Abby Burns to issue a Certificate of Completion stating that no work was performed for order#64-178, seconded by Mark George and approved unanimously. Motion made by Mark George to extend the Order of Conditions for orders#64-152 and #64-153, seconded by Abby Burns and approved unanimously. • CONTINUATION OF PUBLIC ARING-NOTICE OF INTENT - 100 • SWAMPSCOTT ROAD - MINIATURE GOLF COURSE. Atty. Correnti requested that the Commission extend the public hearing to the next meeting of the Commission, so that they can get some information requested, and at which time they will conclude the presentation and the public hearing could be closed. Motion made by Joan Griffin to continue the public hearing to the next meeting of the Commission scheduled for September 26, 1996, seconded by Abby Burns and approved unanimously. CONTINUATION OF PUBLIC RIN - NOTICE OF INTENT PROPOSED 10 HOUSE SUBDIVISION - STATION ROAD Chuck Faia of Parsons and Faia addressed the Commission and noted that since the last meeting the Commission held a site visit on the Station Road site. He also noted that a DEP file number has been issued for the project. Mr. Faia also noted that the City Engineer has some concerns about the runoff adversely effecting the existing conditions in the area, specifically would the problem of downstream flooding be exacerbated due to the increase in the volume of flow. In addition Mr.. Quigley wants to know if the drainage system downstream from the site is sufficient to • handle the drainage load as it exists currently. It was noted that Mr. Quigley also questions if the drainage system in the area is installed properly and he has requested a video inspection of the drainage system from Loring Avenue to the site to be developed, as well as a survey of the drain line including the rim and invert elevations from Loring Ave. to the site. Mr. Faia stated that they have amended the plan to include a detention area which would collect water to the drainage system. Mr. Faia stated that he would meet with the city engineer regarding the amended plan. Chairman Harney opened the meeting up for public comment at this time. Don Goodvale of 11 Moffatt Road addressed the Commission and stated that he is concerned about the effect that the drainage will have on his property which he owns at 31-33 Station Road. There being no further questions or comments regarding this matter at this time, a motion was made by Abby Bums to continue the matter to the October 10, 1996 meeting, seconded by Mark George and approved unanimously. • 2 PUBLIC HEARING- NOTICE OF IN= - 37 STATION ROAD -BARRY • DEF ASN CSO Atty. Richard Stafford addressed the Commission on behalf of his client Mr. DeFrancesco. Atty. Stafford reviewed the history of the property and noted that his client filed in May for a Notice of Intent for the construction of a single family house and the request was denied. Atty. Stafford also noted that they appealed the decision to the City Council and they referred the matter back to the Conservation Commission. Atty. Stafford stated that they have made changes to the plan which address the concerns of the Commission and introduced Dr. Hugh Mulligan of Gulf of Maine Research Inc., to explain the changes to the Commission. Dr. Mulligan explained that they have made changes to the plan which would reduce the impact on the wetlands. He referred to the original plan and reviewed the changes noting that the original plan called for the house to be placed on the parcel and that 1,500 sf was to be filled and replicated at the rear of the property. He explained that they are now proposing to fill only 1,200 sf in the upland island at the rear of the lot. Abby Burns asked how much more space would be in back yard. Dr. Mulligan stated that they would still only have a few feet of dry yard space. • Joan Griffin asked how you create a wetland. Dr. Mulligan stated that you dig it out and then re-loam and seed it with wetland vegetation. Mark George stated that this plan may relieve what is out back, and that this plan may be providing a solution to the wet problem that is there. Abby Bums asked if the catch basin was functioning. Dr. Mulligan stated that it was functioning. Fred Harney stated that this is a difficult lot to work on. There being no further comment or questions regarding the plan, a motion was made my Mary Lou Mielcarz to close the public hearing, seconded by Mark George and approved unanimously. Joan Griffin addressed the Commission and stated that she is still not in favor of the this plan. She noted that a one to one replication is not acceptable and while it is within what is required by the regulations, she feels that some lots are not meant to be built on. Mark George stated that by diverting the water forward they are helping the drainage problem that is there. Joan Griffin stated that from a drainage standpoint it is good, but she has other concerns. • 3 Motion made by Mark George to approve the plan, seconded by Mary Lou Mielcarz and • approved 4-1 with Joan Griffin opposed. The Commission issued 16 special conditions for the project. Motion made by Abby Burns to approve 16 special conditions for the project, seconded by Mark George and approved 4-1 with Joan Griffin opposed. NOTICE OF INTENT - CHAMPLAIN ROAD / (DANIELLE T E CIRCI Fl Paul Sommer of Sommer Environmental Technology addressed the Commission on behalf of his client Philip Singleton. He explained that this is a Notice of Intent is for a four lot subdivision. He also noted that this is a difficult site. Mr. Sommer explained the plan and noted that flags one through ten identify the resource area. He also noted that they propose a circle cul de sac off Champlain Road. Mr. Sommer explained that the grading extends to 30 feet of the contour, and is approximately 30-40 feet from the bordering vegetated wetland and there would be no impact on the resource area until they reach the discharge point. He stated that they are also providing for a storm water management facility. He noted that it will be an oblong facility with the input to the upper end of the structure, and they would use 6-12 inches of stone, and would be discharged to the existing resource area. • Mr. Sommer noted that they are presently before the Planning Board for Site Plan Review. Abby Burns suggested a site visit. Fred Harney asked what the size of the houses would be. Mr. Sommer stated that he did not know, since the approval is only for the construction of the roadway and the utilities. Mr. Sommer also noted that there is a drainage ditch that was installed by the City of Salem and they are trying to stay away from that. Fred Harney opened the meeting up for public comment at this time. Mr. Kling addressed the Commission and stated that he is concerned about the existing drainage problems and noted that he has some concerns about his property. Paul Sommer stated that he would go back to the engineers and see if there is anything that they can do about his problem. There being no further questions or comments at this time a motion was made by Abby Bums to continue the public hearing to the next meeting of the Commission, seconded by Joan Griffin, and approved unanimously. 4 MODIFICATION OF ORDER OF CONDITIONS 21 PARALLEL F .T • John Dick of Hancock Environmental addressed the Commission and stated that he was requesting a modification of an Order of Conditions for 21 Parallel Street. He explained that the order states that all work should stop by December 1, 1996, and they need to get the foundation in this season. Fred Harney suggested a site visit was in order and an Order of Conditions could be issued at the next meeting. OLD /NEW BUSINESS Mackey ProneM Bill Kelly addressed the Commission on behalf of Thomas Mackey and recalled that the Commission issued a cease and desist order to Mr. Mackey. Mr. Kelly stated that he walked the site and could not see a violation. Joan Griffin stated that she walked the site and noted that the slope was steep, and questioned the stability of it. She also questioned the size of the stone, noting that it is a whole lot of small stone, and she thought that the Commission had stipulated a size requirement for the stone. • Mark George stated that he walked the site with Ward One Councillor Peter Paskowski and also noted that there was a report of dumping occurring at the site at 8:00 p.m. Mark George also noted that he thought that the fill was clean. He also noted that there were benches put in there for the public to sit on. Mr. Kelly requested that the enforcement order be lifted. He noted that there never was any dumping in the waterway as reported. Steve Dibble noted that he walked the property with Herbert Mackey and everything seemed to be in order. Motion made by Joan Griffin to lift the cease and desist order on the Mackey property, seconded by Abby Burns and approved unanimously. 18 - 20 CLARK STREET Steve Dibble reported that the Commission issued a cease and desist order to Mr. Abraham, noting that the Order of Conditions issued stated that there would be no stockpiling on the property and 25 yards of loom was dumped there. Fred Harney requested that the Commission send Mr. Abraham a letter, requesting that he • come to the next meeting. 5 115 SWAWSCOTT ROAD - EhTORCENIENT ORDER • Steve Dibble requested that the Commission vote to ratify the enforcement order issued to Lynn Sand and Stone/Bardon Trimount, for property that they are leasing to the DeLissios. Motion made by Abby Bums to ratify the Enforcement Order issued to 115 Swampscott Road, seconded by Joan Griffin and approved unanimously. REQUEST TO ENDORSE EXPANDED BOTTLE BILL Steve Dibble reported that the Commission has received an appeal from MASS PIRG, to endorse the Expanded Bottle Bill. He explained that the bill would put the deposit requirement on spring water and other plastic jugs which are now exempt from that. Motion made by Abby Burns to endorse the Expanded Bottle Bill, seconded by Mark George 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 Mark George and approved unanimously. Respectfully submitted by: Eileen M. Sacco, Clerk CC091296 • 6 SALEM COI*ISERVA' ION-CO141_1MISSION XVI UTES OF MEETING THURSDAY, SEPTEMBER 26, 1996 .A regular meeting of the Salem Conservation Commission was held on Thursday, September 26, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. 'Those present were: Chairman Fred Harney, Jim Dillon, Abby Burns, Joan Griffin, and Mark George. Also present were Assistant Planner Steve Dibble, and Eileen Sacco, Clerk. REQUEST FOR MODIFICATION TO ORDER OF CONDITIONS -#64-235- 21 PARALLEL STREET- JOHN DICK .John Dick addressed the Commission on behalf of his client and noted that the Commission held a site visit to the property. He requested that the Order of Conditions issued#64-235 be modified so that they can construct a temporary road to allow access to the site, for the construction of a single family home. Mr. Dick explained that they, propose to re-use and existing gravel ramp and cut a hole in the fence to allow access to the site for the delivery of materials, and they would close it upon completion of the Project. iAbby Burns asked if they have received permission from other authorities to open the road. Mr. Dick stated that they have a letter of support from the Salem Police Department, Mark George expressed his concern that they may not be able to get a pre-fab in there even with the proposed road. Mr. Dick explained that typically pre-fab houses come in two pieces. .Joan Griffin asked if the size of the house would be bigger than the roadway. Mr. Dick explained that the road would be 10 - 12 feet wide and it would be a tight fit. Steve Dibble suggested that perhaps they should have the truck and the crane on the same side of the fence. Mark George stated that he does not see how they will get that kind of equipment in there without disturbing the site. He suggested that they be granted permission for the ramp ,and condition the order that they stick build the house as opposed to bringing in a prefab. Abby Burns agreed and stated that she likes the idea of the house being stick built. Joan Griffin noted that there would be more equipment needed to build that way, which is would mean more equipment up and down the ramp. 1 Mark George noted that this is a tough site and suggested that the developer post a • performance bond. Joan Griffin stated that the Commission can require a Clerk of the Works on the site. Motion made by Abby Bums to modify the Order of Conditions with Special Conditions, seconded by Jim Dillon and approved unanimously. The Commission discussed special conditions for the project. 1. A Clerk of the Works shall be on the site when vehicles are going up and down the ramp. 2. Use of the ramp shall be limited to a backhoe for the excavation. 3. The Concrete truck shall access the site off Jefferson Avenue. 4. No trees shall be cut down between the ramp and the retaining wall. 5. The ramp shall be secured when not in use. 6. The Order of Conditions shall be posted on the site. • Motion made by Abby Bums to approve the Special Conditions, seconded by Jim Dillon and approved unanimously. CONTINUATION OF PUBLIC HE RTN -NOTICE OF INTENT - #64-257 - CHAMPLAIN ROAD -PROPOSED 4 LOT SUBDIVISION, DANIELLE CIRCLE Atty, Jack Keilty addressed the Commission and presented a letter requesting to continue the Public Hearing to October 10, 1996. Atty. Keilty stated that they are considering downsizing the project and they would like the additional time to look into that. Motion made by Joan Griffin to continue the Public Hearing to October 10, 1996, seconded by Mark George and approved unanimously. CONTI]SUATION OF PUBLIC RIN r-NOTICE OF M=T -#64-255 - 100 SWAMPSCOTT ROAD -PROPOSED MUffATURE GOLF COURSE Atty. Joseph Correnti addressed the Commission and stated that the Commission held a site visit and there were some issues that they have since addressed. He introduced Dr. Hugh Mulligan of Gulf of Maine Research Inc. to explain the changes that they have made to the plan. • 2 Dr. Mulligan explained that they have revised the plan and the flow of the runoff and they • are now directing the flow if the water into a grassy swale at the edge of the parking lot. He noted that if that one tops off it will go into the stream. He also noted that there would be no new sheet flow from the project. Dr. Mulligan also noted that as the Commission requested the test pits are now shown on the plan. Dr. Mulligan explained the structural engineering plan for the proposed foot bridge. He stated that it would be a 40 foot span and would be free standing. He also stated that it would be suspended eight (8)feet above the stream, and there would be no impact on the wetland. Mark Georgequestioned g if there was an oil tank in the ground. Dr. Mulligan stated that it was noted on the plan. Mark George asked if there would be any testing done to see if the tank had leaked. Dr. Mulligan stated that the tank is not on their property and is outside of the buffer zone. Joan Griffin questioned whether the Rivers Bill would be applicable to this project. Dr. Mulligan stated that the Notice of Intent was filed before the Rivers Bill was enacted. Fred Harney asked if the culvert was under the control of the city. Dr. Mulligan stated that it would be and noted that there is a perennial stream that flows all the time. . Abby Burns asked how the golf course would be constructed. Dr. Mulligan explained that the golf course would be built into the existing topography. Joan Griffin asked what percentage of the property is going to be impervious and what the increase would be. Dr. Mulligan stated that the golf course has not been designed yet. Atty. Correnti stated that the plan will decrease the imperviousness of the site, but noted that it is hard to tell until it is designed. He also stated that the golf course is not set back from the bordering vegetative wetland, he also stated that at times it would be close. Joan Griffin stated that it would be interesting to see what a would have been looking at the whole golf course. Atty. Correnti stated that it would be mostly walkways and that they would use due diligence in designing the course. He also suggested that the Commission could condition that in the approval. He also noted that the land is useless and they have been encouraged by the city to develop it. Mark George suggested that the Commission could add a condition that if the crushed stone changed to a pervious material they would have to come back to the Commission. Joan Griffin stated that she could not approve a blanket design without the details of the golf course and that she would like to see a 25 foot setback. Atty. Correnti stated that they need an Order of Conditions to move the deal forward. He explained that the design of the golf course is costly and they need to know they have the approvals before they go 3 forward. Joan Griffin stated that this is life in the 90's and all of the land has been built on • and it is not her fault. Jim Dillon stated that he is comfortable having the applicant come back with the design at a later date. Mark George agreed, but noted that he wanted to be sure that everyone is on the same page, noting that he didn't want to box the DeLisios in. Atty. Correnti stated that they would agree to a condition that wherever possible they would keep a 20 foot setback. He explained that they need 15,000 s.f and that is about all that is usable there, so they can't commit to a definitive statement that they would have a 20 foot setback all around. He also stated that they would use all organic fertilizers on the site. Joan Griffin explained her views on the setback requirement and noted that when possible the Commission has required it. Jim Dillon stated that on a residential site that has been the case but this is different. Mark George suggested that the 20 feet setback be applied to the resource area. Atty. Correnti noted that they have to do a layout with the engineer, but they would come back and go over the design of the golf course with the Commission. • Motion made by Abby Bums to close the public hearing seconded by Jim Dillon and approved unanimously. Motion made by Mark George to issue an Order of Conditions, seconded by Jim Dillon and approved unanimously. The Commission discussed special conditions for the protect. The Commission issued the following special conditions: 1 (as amended), 2, 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18 (as amended) as well as: 1. Final design plans for the golf course shall be submitted to the Commission. 2. A 20 foot buffer shall be maintained around the resource area, if the applicant finds they are unable to meet that setback in all areas of the resource area they will come back to the Commission. Motion made by Jim Dillon to approve the 16 special conditions, seconded by Mark George and approved unanimously. • 4 PUBLIC BEARING-NOTICE OF INTENT - -PROPO D SIX HOUSE . CONSTRUCTION- CLARK AVENUE Ken Steadman addressed the Commission and gave an overview of what he hopes to accomplish. He explained that he purchase 2.7 acres and the engineer and environmental specialist have designed a plan that will have the least impact on the resource area. He noted that he was looking at 7 houses but has scaled back to 6. Mr. Steadman stated that he is using the existing contours of the site, and introduced Mary Rimmer to explain the plan. Ms. Rimmer stated that she flagged the resource area and it extends into Clark Avenue by 480 feet. She noted that the fill that was previously placed there contains marine clay and that created a new wetland. She estimated that it was 1,390 s.f in a limited portion of the filling. Ms. Rimmer explained that they are proposing replication along the existing wetland bank, which would be 1 to 1. She also explained that they are proposing hay bales and a silt fence for erosion control, and they would place them at catch basins as well. Joan Griffin asked if all of the drainage ends up in the wetlands. Ms. Rimmer stated that during the first flush of a 5-10 year storm it would go to a leeching field. Abby Burns suggested a site visit would be in order. Ken Steadman stated that he would be available anytime. He also noted that he is presently reviewing with the Planning Board • and they are looking for some comment. Abby Burns noted that the clay was dumped and questioned why it was considered a wetland. Ms. Rimmer stated that it has existed long enough for vegetation to grow. Motion made by Jim Dillon to continue the public hearing to October 10, 1996, seconded by Abby Burns and approved unanimously. The site visit will be held on October 1, 1996 at 5:30 p.m. FOREST RIVER CONSERVATION DISTRICT Dr. Vorges addressed the Commission and reported on the Volunteer Bridge project. He stated that he has most of the materials in his yard, and the Boy Scouts will be doing a clean up of the site. He emphasized that not one penny was spent on materials and that all of it was donated. He also noted that he hopes to have the National Guard Assault Bridge Battalion participating and if they do they should be able to get the work done in one weekend. Dr. Vorges also stated that the Salem Partnership Trail Blazers signs will be placed along the trail. 5 APPROVAL OF MINUTES The minutes of the meeting of July 11, 1996 were presented for approval. Motion made by Abby Burns to approve the minutes of July 11, 1996, seconded by Mark George and approved unanimously. SALEM COASTAL WATER QUALITY TASK FORCE Steve Dibble reported that the Salem Coastal Water Quality Task Force will be releasing the video that has been in the works for two years on October 9, 1996, at SATV on Derby Street. 37 STATION ROAD Steve Dibble reported that he received a letter from Atty. Richard Stafford which stated that there is no drainage easement. There being no further business to come before the Conservation Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Jim Dillon and approved unanimously. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC092696 i do 6 SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, OCTOBER 10, 1996 A regular meeting of the Salem Conservation Commission was held on 'Thursday, October 10, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Mark George, Abby Burns, and Joan Griffin. CONTINUATION OF PUBLIC HEARING - NOTICE OF INTENT - PROPOSED SIX HOUSE CONSTRUCTION - CLARK AVENUE Steve Dibble read a letter from the applicant, Ken Steadman, requesting that the public hearing be extended to October 24, 1996. Motion made by Abby Burns to continue the public hearing to October 24, 1996, seconded by Joan Griffin and approved unanimously. • 'CONTINUATION OF PUBLIC BEARING -NOTICE OF INTENT - #64-253, PROPOSED 10 LOT SUBDIVISION, STATION ROAD EXTENSION Steve Dibble read a letter from the applicants representative Chuck Faia, requesting that the public hearing be continued to November 14, 1996, in order that he may address the drainage issues. Fred Harney asked if the applicant was sent a letter from the Commission requesting that they show the water shed on the plan. Steve Dibble stated that the letter has not been sent, but they have submitted new plans. :Motion made by Abby Bums to continue the Public Hearing to November 14, 1996, seconded by Joan Griffin and approved unanimously. 1 CONTINUATION OF PUBLIC HEARING -NOTICE OF INTENT - • CHAMPL.A_IN ROAD - PROPOSED 4 HOUSE SUBDIVISION - DANIELLE CIRCLE Steve Dibble addressed the Commission and stated that at the last meeting the applicant requested an continuation of the public hearing to this evening. He noted that he has not received any information from the applicant and the applicant is not present this evening. Joan Griffin stated that she felt that the Commission should close the public hearing and vote on the matter this evening, and since the applicant has not given sufficient information to approve the project, the Commission should deny it. Motion made by Joan Griffin to close the public hearing, seconded by Mark George and approved unanimously. Motion made by Joan Griffin to deny the Order of Conditions, on the grounds that the Commission has insufficient information to approve the • project, seconded by Abby Burns and approved unanimously. REQUEST FOR CERTIFICATE OF COMPLIANCE - ORDER #64-243, OSRAM YLV NTA- 60 BOSTON STREET Steve Dibble addressed the Commission and stated that he had a request for a Certificate of Compliance from Osram Sylvania, with regards to the demolition of 60 Boston Street. He noted that he has a letter from Frederick H. Mulligan certifying that the work was done in accordance with the Order of Conditions issued by the Commission. Motion made by Joan Griffin to issue the Certificate of Compliance for Osram Sylvania, seconded by Mark George and approved unanimously. 2 • OLDNEW BUSINESS Pierce Road Georgette Pied addressed the Commission and stated that she is concerned about the proposed 2 house construction on Pierce Road, that is going before the Planning Board at the next meeting. Steve Dibble reviewed the history of the property and explained that the Conservation Commission denied the project in 1990, and that DEP has since issued a Superseding Order of Conditions. He noted that the applicant is now going to the Planning Board with the approved plan from DEP. Joan Griffin asked how long a Superseding Order of Conditions is valid. Steve Dibble stated that it could be three years, as is a regular order, but that they could probably get an extension. Mrs. Pied stated that she questions whether the Superseding Order of Conditions could be used by the current applicant, since she thinks that the • property has changed ownership within the family. Joan Griffin requested that the Commission send a letter to the Conservation Commission stating that the Commission has some concerns, and noting that they intend to look at the ownership issue and whether the Superseding Order is current. :Motion made by Abby Burns to send a letter to the Planning Board, seconded by Joan Griffin and approved unanimously. Forest River Abby Bums reminded everyone that the Forest River clean up would be held Saturday, October 19, 1996. Moose Lodge Parking Lot Steve Dibble reported that the Moose Lodge is expanding the parking area • and they have stopped all work since earlier in the week and they should be coming in with a plan. 3 • Motion made by Joan Griffin to issue an enforcement order, seconded by Abby Burns and approved unanimously. Parker Brothers Demolition Steve Dibble reported that a letter was received notifying the Commission of the intent to begin the demolition of the Parker Brothers Site. Burnham Barge Steve Dibble reported that there are two new barges in the North River and it is believed that Mr. Burnham put them there. Mark George suggested that the Commission could fine Mr. Burnham $200.00 per day Fred Harney suggested that the Commission issue a cease and desist order and request that Mr. Burnham come before the Commission to discuss the property. • :Motion made by Mark George to issue an Enforcement Order to Mr. Burnham, 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 Burns to adjourn the meeting, seconded by Joan Griffin and approved unanimously. The meeting was adjourned at 7:50 p.m. Respectfully submitted by: Eileen M. Sacco Clerk CC 101096 4 Cancelled due to lack of quorum Conservation Commission Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, October 24 1996 at 7:00 .m. in the second floor conference room at One Salem p Green. Fred Harney Chairman Tentative Agenda: 1. Continuation of Public Hearing -Notice of Intent -- Proposed six house construction- Clark Ave 2. Approval of 7/25/96 Minutes 3. Approval of 9/12/96 Minutes 4. Old/New Business a. Forest River Conservation District update, b. Station Road Extension, c. Pierce Rd, and d. Open Space and Recreation Plan. sd\concom\agenda\102496 • • SALEM CONSERVATION COMMISSION MINUTES OF MEETING NOVEMBER 14, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, November 14, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Joan Griffin, Marylou Mielcarz, and Jim Dillon. Also present was Steve Dibble, Conservation Administrator. In the absence of Eileen Sacco, this meeting was taped. CONTINUATION OF PUBLIC HEARING-NOTICE OF INTENT-PROPOSED 10 LOT SUB DIVISION -STATION ROAD EXTENSION Steve Dibble informed.the Commission that he was in receipt of a letter from the applicant requesting a continuation until the January 1997 meeting. He noted that the request was needed to obtain additional information on the drainage as requested by the Conservation Commission and the Engineering Department. Motion made by Abby Burns to continue the public hearing to January 1997, • seconded by Joan Griffin and approved unanimously. CONTINUATION OF PUBLIC HEARING-NOTICE OF INTENT -64-295 PROPOSED 6 LOT SUB DIVISION-CLARK AVENUE Steve Dibble informed the Commission.that he is receipt of letter from the applicant, requesting a continuation.until the first meeting in December 1996. He stated.that DEP has requested some additional information.from them, and they would be bringing that to the Commission as well. Motion made by Joan Griffin to continue the public hearing.to the first meeting in December, seconded by Abby Burns and approved unanimously. NOTICE OF INTENT- 1A DANIELS STREET COURT John Whatney addressed the Commission and stated that they are repairing an existing timber bulk head in extreme state of disrepair. The existing planking behind the whalers are in decent shape. He also stated that 2 of the whalers are salvageable,.the bottom one needs to be entirely.replaced, and other one needs to be replaced.in sections. He noted that they are simply keeping what is there in place. • Mr. Whatney explained the plans to the Commission, which indicated which • pilings were to be replaced. Fred Harney asked if they would be doing the work from the property or would they be doing it from the water. Mr. Whatney stated that they would be doing the work from the water. He also stated that the Marine Contractor would be North Shore Marine and they would be doing the work from a barge. Fred Harney asked how long the project would take. Mr. Whatney stated that is should take 4 - 6 weeks. Fred Harney asked if there were any other permits that they need to get. Mr. Whatney stated that they need a building permit and there is some reviewing that needs to be done with the structural engineer. Joan Griffin asked what the material would be that would be driven in. Mr. ? stated that they would be pressure treated wood. He explained the area and the process that they would use. Abby Burns asked how long the filter fabric would last. Mr. Whatney stated that it should last for ever. He noted that it is used for many purposes and it is non biodegradable material used for long term situations. He noted that in a project in Beverly DEP asked that filter fabric be used. Joan Griffin stated that she felt that the Commission should go out to the site. She asked if that would be a problem time wise. Mr. Whatney stated that they • want to put the project out to bid within the next few weeks. Joan Griffin noted that the next meeting of the Commission is not until December, due to Thanksgiving. Mr. Whatney stated that it would not be a problem time wise, but they would like to get moving on the project. Chairman Harney asked if there was anyone present at the meeting who wished to speak in favor or against the project. The owner of the property addressed the Commission and stated that they have lived with the problem, and would like to have the problem fixed by next winter, if not this one. Joan Griffin asked what the condition of the material that is there now, and asked if it is washing out in the water now. Mr. Whatney stated that what is there now is not washing away, but noted that some may have because there are pilings missing. Jim Dillon agreed that he thought that we should take a look at it since they are not under a time frame. The Commission scheduled a site visit for Saturday, November 16, 1996 at 9:00 a.m. Motion made by Abby Burns to continue the public hearing to December 12, • 1996, seconded by Joan Griffin and approved unanimously. REQUEST FOR DETERMINATION OF APPLICABILITY - 29 REVENA AVENUE Steve Dibble addressed the Commission and stated that this is an existing project and they are in the process of resolving a property line issue. He stated that the applicant proposes to relocate an existing timber retaining wall from an abutters property back on to his property at the property line, and also relocate fill that was placed there and relocate back on to his property out of the wetlands. Steve Dibble noted that there is a time constraint on this project which is mutually agreed upon by the two parties and their lawyers. He also noted that he and.Fred Harney visited the site to review the project prior to the construction. Joan Griffin asked what the wetlands issue was. Steve Dibble noted that the wetland was in the back of the property. The owner explained the area and why the wall was built. Fred Harney stated that he thinks that the original surveyor made a mistake and they are planning to move the wall and realign. • Steve Dibble stated that there are some wetlands plants in the area, but the wetland is about 60-70 feet, they are within the buffer zone. Joan Griffin suggested that the Commission could issued a negative determination with the condition that the equipment should be kept out of the buffer zone and no material should be stored there. Fred Harney stated that this is necessary to settle a neighborhood dispute. He stated that the mistake resulted in the problem all the way down the street. Motion made by Jim Dillon to issue a negative determination, seconded by Joan Griffin, and approved unanimously. The Commission discussed special conditions for the project. 1. Fill and excavation equipment should be kept on the upland side of the lower existing wall. NOTICE OF INTENT- GARDNER MATTRESS -254-258 CANAL STREET Paul Sommer of Sommer Environmental addressed the Commission and stated • that the notice of intent before them includes a proposed structure that is in the buffer zone outside of a railroad right of way that runs adjacent to the property. • They are proposing to remove an existing building and replace it with a new warehouse, and the footprint is shown on the plan and he noted the area on the plan. He stated that the new building would be further away from the wetland. He also noted that they would be using sedimentation controls. Mr. Sommer stated that the existing warehouse is an antique and there are serious leaking problems with it. He explained that they would replace that with the new smaller warehouse. Joan Griffin asked what would be between the new warehouse and the wetland. Mr. Sommer stated that the area would be left as it is, but there would be erosion and sedimentation controls in that area. He stated that there is no proposed development for the back corner of the property. There was a question of the property line and the building being located on a portion of Tulip Street, however, Steve Dibble noted that they would be going to the Planning Board, and that issue would be addressed at that time. Joan Griffin suggested a site visit for Saturday morning at 8:15 a.m. Motion made by Abby Burns to continue the public hearing to the next meeting, seconded by Jim Dillon and approved unanimously. OLD/NEW BUSINESS • Approval of Minutes The minutes of the meetings of July 25, 1996 and September 12, 1996 were presented for approval. Motion made by Abby Burns to approve the minutes as presented, seconded by Jim Dillon and approved unanimously. Leggs Hill Road Pond Fred Harney noted that there were four neighbors present that had concerns about the pond. He noted that they were present at the last meeting when the Commission did not have a quorum. He explained that during the storm there were some problems out there and the water had to be relieved. He noted that the city hired Mackey & Sons to do the work. Mr. Harney expressed his concern that the city never notified him or the Commission prior to doing the work. He stated that he did not question that the work needed to be done but he does question the extent of the work that was done. He noted that he had received several complaints about the work. Joan Griffin asked what they actually did. Mr. Jim Kieran of 21 Linden Avenue addressed the Commission and explained that Mr. Mackey went in and dug a trench 18-20 feet deep and took out the dam. He stated that the level of the • pond lowered as a result of that. They have restored something and that level of A • the pond is back up. He stated that they would like to see the pond maintained, and a level should be set on the pond. Joan Griffin suggested that the Commission ask the city to come to a meeting and talk to them about it. Jim Dillon stated that there is a portion of that area that is owned by the Town of Marblehead and they have the say over what happens to the property. He also stated that there is an old Order of Conditions that addresses what the level of the pond should be. Joan Griffin stated that the Commission should haul in the property owner, and they will discuss it with them. Abby Burns stated that we need to determine who owns the property. Steve Dibble explained that the property is owned by the Town of Marblehead, but the City of Salem DPW has an existing Order of Conditions stipulating the height of the invert exiting the pond and calls for it to be cleaned out twice a year. He also noted that the invert was malfunctioning during the storm and was causing flooding. Mackey and Sons were called in to relieve the flooding. He noted that whether or not Mackey and Sons excavated more than they should have or it washed off is under dispute. He noted that since then the City of Salem had gone in and installed two dikes both of which have failed. The City is looking to get storm damage funds to restore the invert. • Roger Boucher of 17 Linden Ave. addressed the Commission and stated that he has had the pipe cleaned out and noted that they have had problems with Mr. Mackey and he has had some damage to his house. Jim Dillon cautioned that the Commission has limited control over the problems that have been cited here. Joan Griffin agreed and stated that the owner should be called in to address the issue. Fred Harney suggested contacting Dana Snow of the Marblehead Water and Sewer Commission and have him come to the meeting and if he wants he can bring someone from Salem with him. Jim Dillon noted that the work that was-done was necessary and should have been done. Motion made by Joan Griffin to send a letter to the owner and have them come in and meet with the Commission, seconded by Jim Dillon and approved unanimously. Forest River Conservation Update Steve Dibble reported that two Cub Scout Packs cleaned up the area, and Abby Burns and 25 volunteers put up beautiful signs. He also noted that the • • Volunteers Bridge is moving along slowly. He noted that they have all the material and are awaiting approval. Pierce Road Chairman Fred Harney recused himself from this discussion and Jim Dillon assumed the chair. Steve Dibble explained that as requested he forwarded a memo to the Planning Board and explained the concerns of the Commission. He noted that the Planning Board will be meeting on the matter, and this matter is not before the Commission Open Space and Recreational Plan Steve Dibble stated that the Commission needs to vote favorably so that it can be submitted to the State fora approval. He noted that Abby Burns was on the PP y Commission and it is a good plan. He also note that there were some concerns raised by a few and he would like to address them, but he would like a vote this evening so that the document can be sent to the State. Joan Griffin stated that she would rather not vote on it this evening. Abby Burns stated that she would like to see the vote taken so that the plan can be sent to the state. She also stated that there is nothing in there that would be out of the control of the • Commission. Joan Griffin stated that she would like to make sure that there are no issues that that the Commission should take a look at before sending it to the State. Motion made Abby Burns to Approve the Open Space and Recreational Plan as submitted, 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 Burns to adjourn the meeting, seconded by Joan Griffin and approved unanimously. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC111496 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING DECEMBER 12, 1996 A regular meeting of the Salem Conservation Commission was held on Thursday, December 12, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Mark George, Joan Griffin, and Rebecca Curran. Also present were Conservation Administrator Steve Dibble, and Eileen Sacco, Clerk. CONTINUATION OF PUBLIC HEARING - NOTICE OF INTENT - 1 DANIEL'S STREET COURT Dr. Hugh Mulligan addressed the Commission on behalf of his client John Whatney. He noted that the Commission held a site visit. Dr. Mulligan stated that they have been issued a DEP file number. Abby Burns stated that she thought that the project was pretty straight forward. Motion made by Joan Griffin to close the Public Hearing, seconded by Mark • George and approved unanimously. Motion made by Joan Griffin to issue a standard Order of Conditions, seconded by Mark George and approved unanimously. The Commission discussed special conditions for the project. Mark George expressed concern about the length of time the barge would be needed for the project. Dr. Mulligan stated that they are not planning to store anything on the site. Motion made by Joan Griffin to approve special conditions 1, 2, 3, 4, 12, 15, 21, seconded by Abby Burns and approved unanimously. CONTINUATION OF PUBLIC HEARING - NOTICE OF INTENT - CLARK AVENUE - PROPOSED SIX HOUSE SUB-DIVISION Ken Steadman addressed the Commission and stated that the Commission held a site visit and he has been working on the concerns expressed at that time. y 'r Abby Burns expressed concern about the filling on the property. Mary Rimmer .� suggested that there could be a permanent deed restriction placed on the • property stating that no further filling can occur on the property. She also stated that a wetland scientist should oversee the replication of the wetland. Mark George suggested tying the certificate of occupancy to the replication. Mary Rimmer noted that the Commission would issue a Certificate of Compliance at the completion of the project, but noted that the replication really should have two growing seasons to make sure it takes. Joan Griffin stated that her concern is that she has been looking for a minimum of a 25 foot setback from the wetland and three out of the six houses proposed do not meet that, and one is very tight. Mr. Ed Luskowski of 12 Clark Street addressed the Commission and stated that he would like to see the rock that is on the property remain. He also stated that he has issues with a wetland that was created with fill. Mary Rimmer explained the plan and the proposed replication part of the project. Motion made by Joan Griffin to close the Public Hearing, seconded by Mark George and approved unanimously. Abby Burns stated that she feels that they should be more than ten feet from the wetland. Ken Steadman stated that he would be happy to move the footprint as • long as he keeps the front, rear and side setback. Abby Burns suggested that she would like to see the plan with the proposed changes. Mr. Steadman suggested ways that he could move the lots around. Motion made by Mark George to approve the Order of Conditions, subject to the filing of a revised plan showing the changes in locations and size for lot 3 and 6 as discussed with the Commission, seconded by Abby Burns and approved unanimously. The Commission discussed special conditions for the project. Motion made by Mark George to approve 15 special conditions for the project, seconded by Abby Burns and approved unanimously. CONTINUATION OF PUBLIC HEARING - GARDNER MATTRESS Paul Sommer of Sommer Environmental, addressed the Commission on behalf of his client Gardner Sisk, owner of Gardner Mattress. He noted that the Commission has been to the site and that there was some concern about the railroad bed. He stated that he looked at the regulation regarding Bordering • Vegetated Wetland and how they should be applied in this case. He explained that the area in question appears to be captured trapped water adjacent to the J r 1 • rail road bed, and that two of the three criteria for determining a BVW have not been met in this case. He submitted a plan with a revised BVW line. Fred Harney asked Mr. Sommer if the trailers presently on the property would be removed. Mr. Sommer stated that they would be removed when the new building is constructed. Joan Griffin asked how many feet there were from the building to the wetland. Mr. Sommer stated that it is about 22 or 23 feet away from the wetland. Ms. Griffin stated that in terms of setbacks, she is thinking more than 25 feet for industrial projects, but that would be for new projects. Mark George asked if there were any petroleum tanks on the site. Mr. Sommer stated that there were no tanks on the site. There being no further questions or comments a motion was made by Abby Burns to close the public hearing seconded by Mark George and approved unanimously. Motion made by Abby Burns to issue an Order of Conditions, seconded by Joan Griffin and approved unanimously. • The Commission discussed special conditions for the project. Motion made by Joan Griffin to approve 12 special conditions for the project, seconded by Abby Burns and approved unanimously. PUBLIC HEARING - REQUEST FOR DETERMINATION OF APPLICABILITY - CITY OF SALEM PUBLIC WORKS DEPARTMENT- UPPER SOUTH RIVER FLOOD CONTROL IMPROVEMENTS Mike Collins addressed the Commission and discussed the proposed maintenance of the drainage system and flood control dike improvements along the South River from Dove Ave. to beyond Lawrence Street. He explained that this measure would help to prevent the severe flooding that occurred in that neighborhood during the storm of October 20 - 21, 1996. He noted that residents suffered much damage from that storm. Mr. Fred Votta of 212 Jefferson Avenue addressed the Commission and explained that he and several of the residents of the area lost automobiles, clothing, furniture, and many other personal items from that flood. He also noted that there was much damage to foundations, and heating and electrical systems. Mr. Votta showed the Commission photographs of the damage from the storm. • • Ward Three Councillor John Donahue addressed the Commission and expressed his support for the plan. Chairman Harney read a letter of support for the plan from Councillor At Large Kevin Harvey. There being no further questions or comments regarding this plan, a motion was made by Abby Burns to issue a negative determination, seconded by Mark George and approved unanimously. PUBLIC HEARING - REQUEST FOR DETERMINATION - CITY OF SALEM PUBLIC SERVICES DEPARTMENT - SWAMPSCOTT ROAD IMPROVEMENTS Mike Collins addressed the Commission and explained the plans for the proposed Swampscott Road improvements. He explained that the road would be widened 300' easterly of Highland Avenue to the Swampscott Line. There being no questions or comments about the plan, a motion was made by Abby Burns to issue a negative determination, seconded by Mark George and approved unanimously. • APPROVAL OF MINUTES The minutes of the meetings of September 26, 196 and October 10, 1996 were presented for approval. Motion made by Abby Bums to approve the minutes as presented, seconded by Mark George and approved unanimously. There being no further business to come before the Commission at this meeting, a motion was made by Mark George to adjourn the meeting, seconded by Abby Burns and approved unanimously. The meeting was adjourned at 10:30 p.m. Respectfully Submitted by: Eileen M. Sacco, Clerk CC121296 • �I