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1997-CONSERVATION COMMISSION 4 t SALEM CONSERVATON COMMISSION MINUTES OF MEETING JANUARY 9, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, January 9, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Bums, Becky Curran, Joan Griffin, Mark George, and Jim Dillon. Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. REQUEST TO AMEND ORDER OF CONDITIONS - TECHNOLOGY WAY - FAFARD Atty. Joseph Correnti addressed the Commission and explained that they are asking to amend the Order of Conditions It 64-152 for the Salem Business Park. He explained the plans for the business park which were for the entire park at the request of the Conservation Commission at that time. He also noted that there was another Order of Conditions (64-178) issued for the proposed Rich's and that order was extended to 1996 and at the owners request expired, as they felt that what the order was particular to was not going to be built. Atty. Correnti explained that in 1995 Order of Conditions 64-152 was amended to include • the Thermal Circuits project. This new building has been designed to fit the conditions of 64-178. Joan Griffin questioned whether the Order of Conditions should be amended or if they should be required to file a new Notice of Intent. Atty. Correnti stated that the original plans for the Salem Business park were approved showing full build out and the drainage for the entire parcel was done. Jim Dillon asked if Order of Conditions 64-178 had conditions that were not included in order 64-152. Atty. Correnti stated that they could be included in this amendment as they are not asking for anything to be changed. Mark George asked how this plan differs from the plan that was presented for order 64- 178. Atty. Correnti stated that there is no impact on the resource area that is different from the plan for order 64-178. Joan Griffin stated that many things have changed since this plan was approved and suggested that the Commission should visit the site. Atty. Correnti stated that a delay of two weeks would be fine. The Commission scheduled a site visit for Saturday. January 11, 1997 at 9:30 a.m. Motion made by Abby Bums to continue the public hearing to January 23, 1997, seconded by Jim Dillon and approved unanimously. The Attorney on the record assents. • i i AMENDED ORDER OF CONDITIONS - 21 PARALLEL STREET Jim McDowell addressed the Commission and requested that the Order of Conditions issued for 21 Parallel Street be amended. He explained that condition 1/20 of the order requires that no work would be performed between December and March, and noted that since the winter so far has been mild, they would like to install the hay bales and if the weather allows proceed with the project. He stated that they would notify the Commission before any work is started on the site. Motion made by Jim Dillon to remove condition 020 from the Order of Conditions for 21 Parallel Street, seconded by Abby Bums and approved unanimously. CONTINUATION OF PUBLIC HEARING -NOTICE OF INTENT -#64-253 - PROPOSED 10 LOT SUBDIVISION - STATION ROAD EXTENSION Steve Dibble stated that he has received a request from the applicant to continue the public hearing to February 27, 1997, so that they may address the drainage issues. Motion made by Joan Griffin to continue the public hearing to February 27, 1997, seconded by Abby Bums and approved unanimously. REQUEST TO AMEND EXISTING DETERMINATION OF APPLICABILITY- UPPER SOUTH RIVER - CITY OF SALEM Steve Dibble addressed the Commission and stated that he has received a request from th City Engineer to amend the Determination of Applicability to include the extension of Ab South River drainage improvement area to encompass the area of the South River from Dove Avenue to Canal Street, for the purpose of cleaning and maintaining the existing storm drainage infrastructure. Motion made by Abby Bums to amend the Determination of Applicability for the South River Drainage Improvement Area, as requested, seconded by Joan Griffin and approved unanimously. OLD /NEW BUSINESS Enforcement Order - 79 Almeida Street Sit "�Ei Mr Steve Dibble reported that the cease and desist order issued to FredericLy:an 9Almeida Street was returned 4 weeks after it was sent. He stated that olice hand delivered the order to the Ryan's'. Steve Dibble stated that he . Ryan was away and requested that they be allowed to come to the neat meeting of the Commission. Abby Burns suggested that the Commission should look at the area when they go out for the site visit for Technology Way. • Leggs Hill Road Steve Dibble reported that the parties are talking and they are looking for neutral ground on the matter. He will keep the Commission informed of the progress of the discussions. Volunteer Bridge Steve Dibble reported that the Volunteer Bridge construction will take place on June 14, 1997. He asked the Commission for a vote to approve a hold harmless agreement to allow the Essex County Mosquito Control to bring material onto the property. Motion made by Abby Burns to approve the Hold Harmless Agreement, seconded by Joan Griffm and approved unanimously. Steve Dibble also reported that North Shore Regional Voke will manufacture the signs for the trail. Parker Brothers Site Joan Griffin reported that she recalled that the plans for the demolition of the Parker Brothers site called for the chewing up of the building and spreading it around the site. She stated that it looks as though the site is higher than it should be. • Becky Curran questioned if they obtained a drainage alteration permit for the site. Steve Dibble will check on the matter and report to the Commission. Rivers Bill Joan Grif rt stated that DEP has issued some interim regulations regarding the Rivers Bill. She requested that Steve Dibble call and get a copy of them for the Commission. Adiournrnent to Executive Session Chairman Fred Harney requested that the Conservation Commission adjourn to Executive Session for the purpose of discussing pending litigation. Motion made by Abby Bums to adjourn to Executive Session, for the purpose of discussing pending litigation, and the Commission will be retuming to Open Session, seconded by Mark George and a roll call vote was taken: Abby Burns Yes Joan Griffin Yes Becky Curran Yes Mark George Yes Jim Dillon Yes Fred Harney Yes 0 The Commission adjourned to the CityPlanners Quite for the Executive Session at 8:00 p.m.. The Conunission returned to Open Session at 8:20. Motion made by Mark George to authorize Atty. Kevin Daly, Atty. for the Conservation Commission to cite the owner of 70A North Street for a violation per Chapter 34 of the City of Salem Ordinance and to impose tines of$200.00 per day. The motion was seconded by Abby Burns and approved unanimously. There being no further business to come before the Conservation Commission a motion meeting, seconded by Joan Griffin and approved was made b Abby Bums to adjourn them g, pp Y Y unanimously. . Y The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco. Clerk CC010997 • 'd SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, JANUARY 23, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, January 23, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Rebecca Curran, Joan Griffin, Mark George, and Jim Dillon (7:10 p.m.). Also present were Steve Dibble and Eileen Sacco, Clerk. REQUEST TO ADJOURN TO EXECUTIVE SESSION Atty. Kevin Daly was present at the meeting and he requested that the Commission adjourn to Executive Session, to discuss matters of pending litigation. Motion made by Abby Burns to adjourn to Executive Session for the purpose of discussing matters of pending litigation, seconded by Mark George and a roll call vote was held. • Joan Griffin Yes Abby Bums Yes Mark George Yes Jim Dillon Yes Rebecca Curran Yes Fred Harney Yes The Vote was unanimous. The Commission adjourned to the City Planners Office for the Executive Session. The Commission returned to Open Session at 7:45 p.m. REQUEST TO AMEND AN EXISTING ORDER OF CONDITIONS -#64-152 INDUSTRIAL CONDOMINIUMS AT SALEM BUSINESS PARK, TECHNOLOGY WAY Atty. Joseph Correnti addressed the Commission and recalled that at the last meeting the history of the property was discussed, and since then a site visit was held by the Commission. Chairman Harney asked if any of the members had questions or concerns about the proposal. • Joan Griffin asked how far the building would be at its closest point from the wetland. Atty. Correnti stated that it would be about 100 feet. Rebecca Curran stated that her concern, when she looked a the site was that the slope would be stabilized. Fred Harney asked if they had to go before any other city Boards or Commissions for permits. Atty. Correnti stated that they need to go through site plan review with the Planning Board and landscaping would be addressed at that time. He also stated that they would be happy to come back to the Commission and have them review the landscaping if they wish. Joan Griffin stated that she would like to see some sort of no disturb zone around the wetland. She suggested that she would like to see that be 50 - 100 feet from the wetland. Mark George stated that the only problem he has with a no disturb zone is that putting that on a project at this stage of the process, is not fair to the applicant. He noted that if that were a regulation of the Commission it should be publicized and the applicant would plan the project around that. Joan Griffin stated that there is no regulation that prohibits the Commission from imposing a setback and that the Commission can do so on a case by case basis. • Abby Burns stated that she felt that the Commission should have some input into the landscaping. Motion made by Mark George to amend the Order of Conditions #64-152 for the Salem Business Park, seconded by Jim Dillon and approved 5-1 with Joan Griffin opposed. The Commission discussed adding additional special conditions to the order. The following special conditions were added to the order: 1. The slope shall be rip rap. 2. A no cut zone or replacement of larger trees on a 1.1 basis. 3. Curbing on the eastern side adjacent to the wetland shall be granite or concrete. Motion made by Abby Burns to approve the special conditions, seconded by Joan Griffin and approved unanimously. 2. . • REQUEST TO AMEND AN EXISTING ORDER OF CONDITIONS #64-246 - PICKERING WHARF SEA WALL Bill Kelly addressed the Commission on behalf of his client, Rocket Realty Trust. Mr. Kelly explained that they wish to amend the plan to add a granite face to the existing sea wall and also add a 10 foot public access walkway from Congress Street to the Chase House. Joan Griffin questioned why the walk way was 10 feet. Mr. Kelly stated that he thought that 6 feet would be easier, but 10 feet is what the regulations require. Mark George asked if the Harbor Master has approved of the plan. Mr. Kelly stated that he has spoken to him about the plan. Mark George suggested that the Commission get a letter of approval from the Harbor Master. Motion made by Jim Dillon to amend Order of Conditions #64-246 and incorporate the changes into the plan, with additional conditions, seconded by Joan Griffin and approved unanimously. The Commission discussed special conditions to be added to the order. The Commission added the following conditions to the order: 1. Subject to the approval of Chapter 91 License. 2. Written approval from the City of Salem Harbor Master shall be obtained. Motion made by Abby Burns to approve the special conditions, seconded by Jim Dillon and approved unanimously. OLD / NEW BUSINESS Enforcement Order 79 Almeda Street Mr. Sal Orlando addressed the Commission on behalf of his daughter and son in law owners of the property at 79 Almeda Street. He stated that they have not been doing the dumping that has been going on. He stated that they fenced in the yard and the dumping is occurring. Joan Griffin asked how long they have owned the property. Mr. Orlando stated that they have owned the property for 6 years. He also noted that his Son in Law has been away and they have not been in the house for over a month. Mark George stated that he visited the site and explained what he found. • 3. v Steve Dibble stated that he inspected the property at the request of the Health • Department and found that truck loads of materials have been dumped there. Fred Harney stated that he felt that they should restore the property to the original contours. He also suggested that they should be given a time frame in which to do this, as this is the winter. Mark George suggested that a date of April 1� would be a good start, and suggested that if weather conditions did not allow for that they should come back to the Commission for an extension. Motion made by Mark George to notify the actual owners, of the clean up order to remove all debris and the restore the topography and setbacks to the original plan, seconded by Jim Dillon and approved unanimously. The Commission will hold a site visit on or about April 1, 1997 Forest River Conservation District Update Steve Dibble addressed the Commission and stated that the Commission is invited to sign up for the construction of the volunteer bridge on June 14 and 15. Leggs Hill Pond Update Steve Dibble reported that the Engineering Departments plans to file with the Commission in February. He also noted that the neighbors are reaching an agreement. Other Business Joan Griffin addressed the Commission and noted that it is the purview of the Commission to protect the wetlands and that we need to come up with a draft of some regulations and have a public hearing. Rebecca Curran agreed to work on a sub committee to investigate the regulations. Jim Dillon stated that he would prefer to do a bench mark to make sure that we would be doing the same as other urban communities. He noted that he does not want to discourage businesses from coming to Salem because of strict regulations. 4. • 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 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CCO12397 • 5. • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, FEBRUARY 13, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, February 13, 1997 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, Mark George, and Jim Griffin. Rebecca Curran was absent. Also present were Steve Dibble, Conservation Administrator and Eileen Sacco, Clerk. PUBLIC HEARING - NOTICE OF INTENT - CHAMPLAIN ROAD - PROPOSED 2 LOT SUBDIVISION Chairman Fred Harney noted that everyone should be familiar with this site since it was previously proposed as a 4 lot subdivision. Jim McDowell of Eastern Land Survey addressed the Commission and explained the proposed 2 lot subdivision on Champlain Road. He stated that they are proposing 2 single family dwellings with separate driveways and there would be no work proposed in the buffer zone. Mr. McDowell also noted that the Board of • Appeals has issued a variance from frontage requirements. Mark George asked why they have changed the proposal from 4 lots to 2 lots. Mr. McDowell stated that there were some concerns of the neighbors and the Planning Board, and that when they re-thought the project they decided that it was more economically feasible to do a 2 lot subdivision and this plan is less detrimental to wetland. Mr. McDowell stated that they have negotiated with the neighbors and they will be granting parcel Z to the City of Salem for St. Ann Park, parcel Y will be granted to Belfiore-King and parcel X will be granted to Mr. Bernard. The Commission discussed the interim Rivers Bill and the implications of it regarding this project. Joan Griffin requested that Steve Dibble get a copy of the interim rivers bill for the use of the Commission. Mark George suggested that they should include a no disturb zone. Chris Mello stated that if they were to do that, it would include more blasting to the site. • Abby Burns asked if they were going to be doing any filling. She noted that she recalled the area to be steep. Mr. Mello stated that they have moved the houses forward. Jim McDowell stated that the slope is wooded and to steep to be • usable. Mark George suggested that both deeds should reflect where the lines are and the conditions and the owners should be made aware to insure no encroachment. Jim Dillon suggested that the area should be flagged so that in ten years if there is a complaint, the lines can be found. Jim McDowell stated that they could put concrete markers out there and put it on the plan. Motion 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 Mark George and approved unanimously. Motion made by Joan Griffin to issue 16 special conditions, seconded by Mark George and approved unanimously. OLD/NEW BUSINESS 106-108 Leach Street • Steve Dibble reported that he received a report that there have been extensive repairs done to the sea wall at 106-108 Leach Street and the work has not been approved by the Commission. He showed photos of the area. Motion made by Abby Burns to issue an Enforcement Order for 106-108 Leach Street, 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 Mark George and approved unanimously. The meeting was adjourned at 8:30 p.m. Respectfully Submitted By: EileenAA. Sacco, Clerk CCO21397 41 b f • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, FEBRUARY 27, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, February 27, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Hamey, Mark George, Abby Burns, Jim Dillon, and Rebecca Curran. Also present were, Conservation Administrator Steve Dibble, and Eileen Sacco, Clerk. CONTINUATION OF PUBLIC HEARING - NOTICE OF INTENT - 10 LOT SUBDIVISION - STATION ROAD EXTENSION Steve Dibble informed the Commission that he has received a request from the applicant to continue the Public Hearing to March 27, 1997, in order that they may continue to work on the issues of concern to the Commission. He stated that they have met with the Engineering Department and the plan comes close to addressing the issues. Motion made by Abby Burns to continue the Public Hearing to March 27, 1997, b• seconded y Mark George and approved unanimously. APPROVAL OF MINUTES The minutes of the meetings of November 11, 1996, January 9, 1997, January 23, 1997, and February 13, 1997 were presented for approval. Motion made by Abby Burns to approve the minutes of those meetings as amended, seconded by Jim Dillon and approved unanimously. OLD/NEW BUSINESS Discussion with Stephen Ingemi - 106 - 108 Leach Street Chairman Harney explained that the Commission called Mr. Ingemi in to discuss the violations that have occurred on his property at 106 - 108 Leach Street. Mr. Ingemi addressed the Commission and stated that he was not aware that he was in violation because he was replacing what was already there, but was destroyed in the "No Name Storm" of 1993. He stated that he thought he could rebuild the dock. He explained that he has done extensive work on the property • since he purchased it and has gotten permits for the work that he has done. He • also noted that the work was done above the grade. He also explained that the dock is only used for fishing, and that it is smaller than the previous one. Mark George suggested that he should start the process and go to the Building Inspector, and from there he should file a Notice of Intent with the Commission. Fred Harney noted that he may need to get a Chapter 91 License. Rebecca Curran stated that she was concerned about the sea wall repairs that were made. Mr. Ingemi stated that he put a piece of sheet metal in before the concrete pad was poured. It was decided that Mr. Ingemi would start the process and come back with a Notice of Intent, and a plan of the work that was done so that the matter can be corrected. Leaps Hill Construction Fred Harney addressed the Commission and stated that he has received calls from the neighbors regarding the activity taking place on the Mackey Property on Leggs Hill Road across from the pond. He noted that he went out there and it appears that work has been done. • Jim Dillon stated that he also toured the property with Mr. Mackey and he stated that he was leveling three sections of the property that he is looking at selling. He questioned whether the area he is working in is within the jurisdiction of the Commission. He explained that if the pond was at the level that it was supposed to be at, Mr. Mackey would not be in violation. Fred Harney stated that this is an issue that has come up before and the Commission should make a determination on that, especially since the property may be sold and developed. Abby Burns asked how close to the pond was the work that was done. Mr. Dillon stated that he thought it was about 60 feet. He noted that Mr. Mackey claims there is an Order of Conditions that stipulated the level at which the pond should be maintained, and that because that condition was not followed through on, and the level of the pond has increased, he is in violation. Steve Dibble noted that there are several Orders of Conditions and each one states a different level for the maintenance of the pond. Mark George suggested that perhaps the City Solicitor should sort this out. Fred Harney stated that he thought that the Commission should wait until the matter is • before the Commission. • Jim Dillon stated that Mr. Mackey has completed the work he intended to do at this time. Mark George suggested that the Commission should call Mr. Mackey in so that if nothing else the Commission responds to the concerns of the neighbors. The question was also raised that the pond flows like a river. Rebecca Curran stated that Dana Snow may have some more information on that since at one time the Marblehead Water and Sewer Commission was going to buy it for use as an emergency water source. She noted that she would like to do some research on the matter and discuss it again at the next meeting. North River Update Steve Dibble reported that there is no new progress on the matter of the Burnhams on the North River. Mark George noted that the pipes have been removed from the March Street area and are now being stored in the North River area near the car wash. Mini Golf Course on Swampscott Road • Steve Dibble reported that he visited the site of the Mini Golf Course on Swampscott Road and that the work is being performed above and beyond what they proposed to do there. He stated that the wetlands have been scalped. Mark George suggested that the Commission 9 99 bring them in to discuss the matter, noting that it appears that they are in violation of the Order of Conditions and the special conditions issued by the Commission. Motion made by Mark George to issue and enforcement order, seconded by Jim Dillon 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 Jim Dillon and approved unanimously. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk • CCO22797 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, JANUARY 23, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, January 23, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Rebecca Curran, Joan Griffin, Mark George, and Jim Dillon (7:10 p.m.). Also present were Steve Dibble and Eileen Sacco, Clerk. REQUEST TO ADJOURN TO EXECUTIVE SESSION Atty. Kevin Daly was present at the meeting and he requested that the Commission adjourn to Executive Session, to discuss matters of pending litigation. Motion made by Abby Burns to adjourn to Executive Session for the purpose of discussing matters of pending litigation, seconded by Mark George and a roll call vote was held. • Joan Griffin Yes Abby Bums Yes Mark George Yes Jim Dillon Yes Rebecca Curran Yes Fred Harney Yes The Vote was unanimous. The Commission adjourned to the City Planners Office for the Executive Session. The Commission returned to Open Session at 7:45 p.m. REQUEST TO AMEND AN EXISTING ORDER OF CONDITIONS -#64-152 INDUSTRIAL CONDOMINIUMS AT SALEM BUSINESS PARK, TECHNOLOGY WAY Atty. Joseph Correnti addressed the Commission and recalled that at the last meeting the history of the property was discussed, and since then a site visit was held by the Commission. Chairman Harney asked if any of the members had questions or concerns about • the proposal. • Joan Griffin asked how far the building would be at its closest point from the wetland. Atty. Correnti stated that it would be about 100 feet. Rebecca Curran stated that her concern, when she looked a the site was that the slope would be stabilized. Fred Harney asked if they had to go before any other city Boards or Commissions for permits. Atty. Correnti stated that they need to go through site plan review with the Planning Board and landscaping would be addressed at that time. He also stated that they would be happy to come back to the Commission and have them review the landscaping if they wish. Joan Griffin stated that she would like to see some sort of no disturb zone around the wetland. She suggested that she would like to see that be 50 - 100 feet from the wetland. Mark George stated that the only problem he has with a no disturb zone is that putting that on a project at this stage of the process, is not fair to the applicant. He noted that if that were a regulation of the Commission it should be publicized and the applicant would plan the project around that. • Joan Griffin stated that there is no regulation that prohibits the Commission from imposing a setback and that the Commission can do so on a case by case basis. Abby Burns stated that she felt that the Commission should have some input into the landscaping. Motion made by Mark George to amend the Order of Conditions#64-152 for the Salem Business Park, seconded by Jim Dillon and approved 5-1 with Joan Griffin opposed. The Commission discussed adding additional special conditions to the order. The following special conditions were added to the order: 1. The slope shall be rip rap. 2. A no cut zone or replacement of larger trees on a 1.1 basis. 3. Curbing on the eastern side adjacent to the wetland shall be granite or concrete. Motion made by Abby Burns to approve the special conditions, seconded by Joan Griffin and approved unanimously. • 2. • REQUEST TO AMEND AN EXISTING ORDER OF CONDITIONS #64-246 - PICKERING WHARF SEA WALL Bill Kelly addressed the Commission on behalf of his client, Rocket Realty Trust. Mr. Kelly explained that they wish to amend the plan to add a granite face to the existing sea wall and also add a 10 foot public access walkway from Congress Street to the Chase House. Joan Griffin questioned why the walk way was 10 feet. Mr. Kelly stated that he thought that 6 feet would be easier, but 10 feet is what the regulations require. Mark George asked if the Harbor Master has approved of the plan. Mr. Kelly stated that he has spoken to him about the plan. Mark George suggested that the Commission get a letter of approval from the Harbor Master. Motion made by Jim Dillon to amend Order of Conditions #64-246 and incorporate the changes into the plan, with additional conditions, seconded by Joan Griffin and approved unanimously. The Commission discussed special conditions to be added to the order. • The Commission added the following conditions to the order: 1. Subject to the approval of Chapter 91 License. 2. Written approval from the City of Salem Harbor Master shall be obtained. Motion made by Abby Burns to approve the special conditions, seconded by Jim Dillon and approved unanimously. OLD / NEW BUSINESS Enforcement Order 79 Almeda Street Mr. Sal Orlando addressed the Commission on behalf of his daughter and son in law owners of the property at 79 Almeda Street. He stated that they have not been doing the dumping that has been going on. He stated that they fenced in the yard and the dumping is occurring. Joan Griffin asked how long they have owned the property. Mr. Orlando stated that they have owned the property for 6 years. He also noted that his Son in Law has been away and they have not been in the house for over a month. Mark George stated that he visited the site and explained what he found. • 3. • Steve Dibble stated that he inspected the property at the request of the Health Department and found that truck loads of materials have been dumped there. Fred Harney stated that he felt that they should restore the property to the original contours. He also suggested that they should be given a time frame in which to do this, as this is the winter. Mark George suggested that a date of April 1s` would be a good start, and suggested that if weather conditions did not allow for that they should come back to the Commission for an extension. Fred Harney and Rebecca Curran concurred with that. Motion made by Mark George to notify the actual owners, of the clean up order to remove all debris and the restore the topography and setbacks to the original plan by April 1", seconded by Jim Dillon and approved unanimously. The Commission will hold a site visit on or about April 1, 1997 Forest River Conservation District Update Steve Dibble addressed the Commission and stated that the Commission is invited to sign up for the construction of the volunteer bridge on June 14 and 15. • Leggs Hill Pond Update Steve Dibble reported that the Engineering Departments plans to file with the Commission in February. He also noted that the neighbors are reaching an agreement. Other Business Joan Griffin addressed the Commission and noted that it is the purview of the Commission to protect the wetlands and that we need to come up with a draft of some regulations and have a public hearing. Rebecca Curran agreed to work on a sub committee to investigate the regulations. Jim Dillon stated that he would prefer to do a bench mark to make sure that we would be doing the same as other urban communities. He noted that he does not want to discourage businesses from coming to Salem because of strict regulations. 4. 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 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CCO12397 • • 5. • SALEM CONSERVATION COMMISSION MINUTES OF MEETING MARCH 13, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, March 13, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Jim Dillon, Abby Burns,Rebecca Curran, and Mark George. Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. In the absence of Chairman Fred Harney, Jim Dillon assumed the chair and called the meeting to order at 7:15 p.m. CONTINUATION OF PUBLIC HEARING - NOTICE OF INTENT - #64-253 PROPOSED 10 LOT SUBDIVISION Steve Dibble informed the Commission that he has received a request from the applicant to continue the Public Hearing to April 10, 1997. Motion made by Abby Burns to continue the Public Hearing to April 10, 1997,:seconded by Mark George and approved unanimously. • PUBLIC HEARING -NOTICE OF INTENT - DERBY WHARF - PROPOSED ACCESS STRUCTURES FOR THE FRIENDSHIP AND CONSTRUCTION OF A WAREHOUSE EXHIBIT Steve Kesselman, Superintendent, of the National Park Service addressed the Commission and recalled that in February of 1992 the Commission issued an Order of Conditions for the rehab of Derby Wharf and Central Wharf. He noted that the rehab of Central Wharf has been completed and the rest room facility has been built. Tonight, they are presenting the continuation of the master plan. He explained that they are planning for the construction of the mooring facility for the friendship and 5 replicas of era warehouses. He noted that the Friendship is currently under construction and is due to arrive in Salem this summer. Carl Noyes addressed the Commission and explained the plans and noted the areas of concern to the Commission are land under the ocean, coastal beach, and coastal bank. He explained that they will drive 2 - 30" diagonal steel piles, and install a float and mooring points, braces for the piles and aft and forward boarding ramps which will partially comply with the Americans With Disabilities Act. He also stated that they plan to use a silt curtain in the area where the jetting is to be done. He estimated that the project would . take one and half to two months to complete. • Mark George questioned when they plan to start this work. Mr. Kesselman stated that the mooring work would be done this summer to accommodate the Friendship. He stated that the proposed warehouse exhibit would be done after 1999 when funding is available. He explained the construction of the warehouses. He noted that warehouse #I would be totally enclosed. Warehouse#2 would be totally enclosed with an open area in the front, and#3 would be partially enclosed. Buildings 4 and 5 will be frames only. Colleen Bruce noted that siltation fences would be used for erosion control during the construction. She also noted that the utilities would be brought in from Derby Street to service the Friendship. She also noted that there needs to be repairs to the sea wall at Tuckers Wharf at the end of Kosciusko Street. She stated that the details of that are being worked on and they would be filing for that in the summer. Jim Dillon asked what would be stored in the warehouses. Colleen Bruce stated that they would be for exhibits only. Abby Bums asked if there would be security for the ship. Mr. Kesselman stated that they would have a security system in place. Steve Dibble questioned if the electricity would be going to just building#1. Ms. Bruce stated that it would be in all 5 buildings. • Steve Dibble asked how they plan to treat the runoff from the roof. Mr. Noyes explained that the roof would drain to the back side and into the water, and in the front the water would go into the ground. He noted that the walkways would be stone dust. Jim Dillon noted that if there is no funding, then there would be no building of the project. Mr. Kesselman agreed noting that they felt certain that there would be funding. He stated that he felt that the Order of Conditions would not go much past the completion of the project. Mr. Dillon opened the meeting up for public comment at this time. Robert Sawin of 20 Koscuisko Street addressed the Commission and expressed his concern about depth of the water. He also questioned if storms were taken into consideration noting that he felt that if a good storm hit, the buildings would be gone. Colleen Bruce explained that the buildings would be of wood and steel frame buildings Margaret Krom of 6 Koscuisko Street addressed the Commission and stated that she felt that this would be a waste of federal money at this time. • Scott Lacava of 14 Koscuisko Street addressed the Commission and stated that there were several problems in the neighborhood when the dredging took place. He noted that they 2 • started in the early morning and sometimes worked late at night. Colleen Bruce addressed the concern and stated that the proposed construction time would be about 45 days and that some of the problems with the dredging project were that they had to work in the water at low tide and the schedule had to be changed to accommodate that. Nancy Kamo of 25 Koscuisko Street addressed the Commission and asked if they would have to come back to the Commission for the repairs to Tuckers Wharf. Mr. Dillon stated that they would have to file with the Commission. She also asked if they were going to close Derby Wharf at that time. Colleen Bruce stated that they would close the construction area, but they want to preserve access to Derby Wharf, so that you can still walk out to the lighthouse. Ms. Kamo also expressed concern about the availability of funding to keep the facility open after it is built. Mr. Kesselman stated that they plan to have a private company operate the facility. Lisa Connelly of 14 Koscuisko Street addressed the Commission and noted that she has lived there for nine years. She expressed her concern about the problems with the phase one construction and showed photos to the Commission. Mr. Dillon noted that the project before the Commission is the construction of the mooring and the Commission could not really address her concerns at this time, unless they were concerning this project. • There being no further questions or comments at this time, a motion was made by Abby Burns to close the public hearing, seconded by Mark George and approved unanimously. Motion made by Rebecca Curran to issue an Order of Conditions, seconded by Abby Burns and approved unanimously. The Commission deliberated on special conditions for the project, and issued special conditions 1, 2, 3, 4, 6, 7, 12, 13, 15, 17, 18, 19, and 21. In addition the Commission requested the following: 1. That the construction of the buildings take place on the land ward site of the property. 2. That filer fabric shall be placed in the land site between the building and the wall within the area of excavation. 3. All material excavated will be done from the wharf and the stock pile area shall be removed Motion made by Abby Burns to approve the special conditions for the project, seconded • by Mark George and approved unanimously. 3 • REQUEST TO AMEND ORDER OF CONDITIONS - #64-256 DREDGING OF THE SOUTH RIVER BASIN Steve Dibble explained that the Commission issued an Order of Conditions for the dredging of the South River basin. He noted that the applicant has now requested an amendment for the location of the de-watering of the material that is removed. He explained that they have found a site on Blaney Street for that process. Mark George expressed concern about the lack on information that has been provided to the Commission and suggested that the matter be tabled to the next meeting. Motion made by Abby Burns to table the request for the amendment of Order of Conditions #64-256 to the next meeting of the Commission, seconded by Mark George and approved unanimously. APPROVAL OF MINUTES The minutes of the meetings of December 12, 1996 and February 27, 1997 were presented for approval. Motion made by Abby Burns to approve the minutes of the meetings as amended, • seconded by Mark George and approved unanimously. OLD/NEW BUSINESS Enforcement Order - Swampscott Road Miniature Golf Course Atty. Joseph Correnti addressed the Commission and stated that they were present this evening to answer enforcement order that was issued for the construction of the Miniature Golf Course on Swampscott Road. He noted that they have had a few problems on the site and they fell that they can all be corrected. Atty. Correnti explained that the plan which shows the existing lot line was to include the area in question, but because it was registered land it did not show as such. He also noted that the approved plan did not have the exact layout of the holes for the golf course. He also noted that they should have kept in better communication with the Planning Department and Steve Dibble when the problems came about. Chuck Faia reviewed the plans with the Commission. He explained that the proposed building has been moved 5 feet away from the wetlands. He noted that they did clean an area that was heavy with trash and scrub, and they ended up taking out three times the • amount of trash that they anticipated. 4 Steve Dibble noted that the issue here is that the developer performed work that was out • of the scope of what was approved by the Commission, and they should have requested an amendment to the Order of Conditions. Atty. Correnti stated that the confusion with the lot line will be addressed. He further explained that when they started construction they found that there was more that needed to be done than they anticipated and their contractor was not as careful as he should have been with regards to the Order of Conditions. He noted that the 25 foot setback and the 20 foot no disturb zone is still being maintained. Abby Bums suggested that the Commission should visit the site. Atty. Correnti requested that the Commission amend the Order of Conditions to include lots 98 and 100. Steve Dibble stated that he thought that the Commission should visit the site and he would like to see the abutters list to be sure that they were notified of the change. Atty. Correnti noted that if they have to wait until the next meeting of the Commission they may lose the construction season, since they have a contractor due to arrive in a few weeks to construct the course and if the prep work is not completed they will lose that. He requested that the Commission lift the enforcement order so that they can correct the • problems and get back on track. Jim Dillon asked if they could get back to work without touching the area of concern to the Commission. Arty. Correnti stated that they need to have access back and forth through that area. Steve Dibble stated that he would like to see the Commission visit the site before lifting the order. He noted that there has been a lot of work done there that the Commission has not seen. Jim Dillon suggested that they allow them to continue work in the original parcel Rebecca Curran suggested that the Commission should have a site visit, but noted that they could be allowed to go in and correct the problems, noting that they should be corrected as soon as possible. Mark George agreed and suggested that the Commission visit the site on Saturday morning. Motion made by Rebecca Curran to allow the applicant to correct the violations • immediately and no further work shall be performed beyond that until the Commission visits the site, seconded by Mark George and approved unanimously. 5 Y The site visit will be held on Saturd • ay, March a ch 15, 1997 at 9:00 a.m. Leggs Hill Discussion Steve Dibble reported that he spoke to Mike Collins and he is planning to file a Notice of Intent with the Commission for work on the Leggs Hill site. He reported that the Engineering Department has met with the neighbors and they are making progress. Jim Dillon reported that he went out to the Mackey property and met with Mr. Mackey. he noted that it appears that he has been leveling the property and his looking at selling it. He noted that there are some concerns and issues out there that need to be resolved. Status of Burnham Barge Steve Dibble reported that as of today Mr. Burnham is being fined $200.00 per day. There being no further business to come before the Conservation Commission at this time, a motion was made by Abby Burns to adjourn the meeting, seconded by Mark George and approved unanimously. The meeting was adjourned at 10:30 p.m. • Respectfully submitted by: Eileen M. Sacco, Clerk CC031397 • 6 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, MARCH 27, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, March 27, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Jim Dillon, Joan Griffin, Mark George, and Rebecca Curran. Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. PUBLIC HEARING-NOTICE OF INTENT - 61 JEFFERSON AVENUE Bruce Poole addressed the Commission on behalf of his client and explained their plans to construct a building at 61 Jefferson Avenue for the storage of trucks and equipment for Atlantic Paving Co. He state he stated that the building would be slab on grade with footings and they are planning to install a catch basin. He noted that they would be tying into existing gas, sewer and water lines. Mark George asked if they plan on storing any petroleum products on the site. Mr. Poole stated that they are not planning to store any petroleum products in the building. He also noted that there would be no cleaning of the trucks within the building. • Rebecca Curran questioned the flood elevations. Mr. Poole stated that it is 14-15 feet abd explained the MLW points indicated on the plan. Joan Griffin asked if there would be any additional paving other than what is there now. Mr. Poole stated that there would not be any additional pavement. He also noted that the runoff would be the same as it was for the previous use of the property. Jim Dillon asked if they would be doing any repairs inside of the building. Mr. Dube stated they send their trucks out to be repaired. Mark George stated that he was concerned about the configuration of the new building and suggested that they should try and move the building. Mr. Dube stated that it was his intention to keep the existing buisness that is adjacent to the property (Car Wash) as a tenant. Joan Griffin suggested that the Commission should visit the site. Mr. Poole asked that the Commission issue an Order of Conditions this evening, pending the outcome of the site visit. He stated that his client is anxious to get started on this project. 1. • • Mr. Dillon opened the meeting up to public comment at this time. John Penny, owner of 63 Jefferson Avenue addressed the Commission and stated that he is in favor of the project. Motion made by Mark George to close the public hearing, seconded by Rebecca Curran and approved unanimously. Motion made by Mark George to issue an Order of Conditions, seconded by Rebecca Curran and approved unanimously. The Commission deliberated on special conditions for the project. Motion made by Rebecca Curran to approve the plan as submitted with the 14 special conditions and pending the outcome of the site visit by the Conservation Commission. REQUEST TO AMEND ORDER OF CONDITIONS - #64-256 DREDGING OF THE SOUTH RIVER BASIN Michael Geyser addressed the Commission and explained that they have located a site for the de-watering of the dredged material from the South River. He explained that they propose to use the Mackey Property on Blaney Street. He also noted that they had been • hoping to de-water the material mechanically, but that proved to be to costly, so they need a site to gravity de-water the material. Mr. Geyser explained that the benefit of this site is that the material can be transported by barge and not trucked through the city. Mr. Geyser explained plans to excavate the site to a level above high tide, and the material will be placed there to dry out. He also stated that it was hard to tell how long the material will take to de-water. Mr. Geyser also noted that the Army Corp. of Engineers has served notice of a violation for work that was done that is unrelated to this project. He noted that they are willing to re-permit the project to bring the property into compliance. Joan Griffin questioned whether this should be considered as an amendment since it is for two different locations. She suggested that the Mackey's should file a Notice of Intent for their property, noting that the neighbors should be considered in this process. Rebecca Curran asked if there would be any odor from the material. Mr. Geyser stated that there could be, but that could be controlled. 2. • • Ward I Councillor Peter Paskowski addressed the Commission and stated that initially he had some concerns about the proposal but he checked with the abutters and they have no problem with it. Mark George expressed concern about the stability of the wall as they place the material on the site. Steve Dibble suggested that they should either obtain a letter from the owner authorizing the City of Salem to file a Notice of Intent or they should file for the Order themselves The Commission tabled the matter until the applicant files with the Commission. OLD/NEW BUSINESS Enforcement Order- Mini Golf Course- Swampscott Road Atty. Joseph Correnti addressed the Commission and noted that the Commission held a site visit and subsequently, partially lifted the Enforcement Order. He introduced Chuck Faia who explained the final plans for the project. Mr. Faia explained the layout of the Mini Golf Course. He noted that Mr. DeLissio has expanded the stabilization measures of the plan. He stated that the snow fence is up and • they have not done much work on the site for the last couple of weeks, other than what the Commission allowed. Mr. Faia explained that the original plan showed the site but did not include the Robinson Road section of the property line. Steve Dibble addressed the Commission and stated that the applicant has done an excellent job of getting the property into compliance, and recommended that the Commission approve the plan. Motion made by Rebecca Curran to release the Enforcement Order for the Mini Golf Course on Swampscott Road, seconded by Mark George and approved unanimously. Discussion on Station Road Subdivision Steve Dibble reported that he has received a request from the Planning Board for comments regarding the Station Road Sub Division. He explained that the applicant has submitted revised plans that have been reviewed by the Engineering Department. • 3. Joan Griffin stated that she would like to see them have the 20-25 foot setback and a no cut no disturb zone. She noted that she is particularly concerned about lots 9 and 10 Steve Dibble stated that he would send a memo to the Planning Board with comments from the Commission. 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 Rebecca Curran and approved unanimously. The meeting was adjourned at 9:00 p.m. Respectfully Submitted by: Eileen M. Sacco, Clerk CC032797 • 4. • Conservation Commission Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, April 10, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman Tentative Agenda: 1. Champlain Road - #64-262 - Proposed 2 house subdivision - Order of Conditions Special Conditions # 16, 17 and 18 - deed and plan approval required • 2. Clark Ave - #64-259 - Proposed six house construction - Order of Conditions Special Conditions # 14 and 15 - Revised plan approval required 3. Continuation of Public Hearing -Notice of Intent- #64-253 Proposed 10 house subdivision, Station Road Extension 4. Old/New Business a. Existing Enforcement Order stated a restoration deadline of April 1 for Alicia and Frederick Ryan, 79 Almeda Street - Discussion and scheduling of site inspection. b. Forest River Setting of 1997 Tide Gate Schedule c. Discussion of local setback regulations sd\concom\agenda\041097 • Conservation Commission Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, April 24, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman Tentative Agenda: 1. Continuation of Public Hearing -Notice of Intent- #64-253 Proposed 10 house subdivision, Station Road Extension • 2. Public Hearing - Request for Determination of Applicability - 22 Kosciusko Street, National Park Service - Seawall Reconstruction 3. Old/New Business a. Forest River Setting of 1997 Tide Gate Schedule b. Discussion of local setback regulations sdAoonoom\agendaA042497 • TO: Conservation Commission Members Conservation Commission Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, May 8, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman Tentative Agenda: 1: Request to amend Order of Conditions - #64-254, 190 Bridge Street, Parker Brothers 2. Request to amend wording of Order of Conditions Special Conditions - 464-264 Derby • Wharf and Friendship,National Park Service 3. Old/New Business a. 70A North Street- 64-249 Superseding Order of Conditions denied by the DEP. b. Vinnin Village c. Discussion of local setback regulations sd\concom\agenda\050897 • TO: Conservation Commission Members Conservation Commission Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, May 22, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman Tentative Agenda: 1. Public Hearing -Notice of Intent - Proposed 11 house subdivision, Station Road Extension • 2. Request for Determination of Applicability - Furlong Park, City of Salem Planning Department 3. Old/New Business a. 70A North Street - b. Forest River Conservation District update c. Discussion of local setback regulations sd\concom\agenda\052297 • Conservation Commission Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, June 12, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman Tentative Agenda: 1. Continuation of Public Hearing - Request for Determination of Applicability - 22 Kosciusko Street,National Park Service - Seawall Reconstruction • 2. Request for Certificate of Compliance, 23 Linden Ave, File # 64-218 3. Continuation of Request for Determination of Applicability - Furlong Park, City of Salem Planning Department 4. Old/New Business a. 79 Almeda Street violation b. Champlain Road Subdivision c. Forest River Conservation District update- 120 Volunteers to start construction on the new salt water marsh bridge behind Salem State College south campus this Saturday and Sunday, June 14 & 15, 7:00 am- sunset. d. 70A North Street e. Determination of Applicability for seawall construction at Daniels St Court was started by North Shore Marine. • f. Discussion of local setback regulations sd\concom\agenda\061297 • Salem Conservation Commission Minutes of Meeting t, Thursday, June 26, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, June 26, 1997 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, Rebecca Curran, Mark George, and Joan Griffin, Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. PUBLIC HEARING - NOTICE OF INTENT- 22 KOSCIUSKO STREET - NATIONAL PARK SERVICE - SEAWALL RECONSTRUCTION AT TUCKERS WHARF AND RAMP AT DERBY WHARF BEACH/LAWN AREA Fred Harney addressed the Commission and stated that the Commission held a site visit and asked if there were any comments or concerns from the members. • Mark George stated that he was concerned about the access to the site, and how long they would be using the ramp. Mr. Kesselman stated that they hope to start the project in September or October and they would use the ramp for the duration of the project. Fred Harney asked why they would need to have temporary electrical service at the site. Mr. Kessleman stated that the temporary electrical service is for the Maritime Festival and is not for the project. Mark George also questioned the location of the storage of materials on the site.. Colleen Bruce stated that they are trying to incorporate the use of the small rocks in the project.. f Chairman Harney asked if there was anyone present at the meeting who wished to comment on the project. There was no one present that commented on the project. Steve Dibble suggested that they could use the stockpile area that was approved in the adjoining NO1. 1 • t Mark George noted that there were some concerns by the neighbors regarding • the time of operation for.construction. Mr. Kessleman stated that they are restricted by the Building,lnspector as to the hours of operation and they would adhere to that. He also noted that some work depends on the tide schedule and they would request a waiver for the Building Inspector if they need to. There being no further comments or questions regarding the project, a motion was made by Abby Bums to close the Public Hearing, seconded by Mark George and approved unanimously. Motion made by Jim Dillon to issue an Order of Conditions, seconded by Abby Burns and approved unanimously. The Commission discussed special conditions for the project. The Commission issued special conditions 1, 2, 3, 4, 6, 7'(prior approved location) 12, 13, 15, 17' (as amended) and 21. Motion made by Mark George to approve the special conditions for the project, seconded by Abby Burns and approved unanimously. REQUEST TO AMEND EXISTING ORDER OF CONDITIONS #64-228 - WINTER ISLAND BOAT RAMP Doug Cameron of the Public Access Board addressed the Commission and • explained their request to amend the existing order of conditions. He explained that during the process of removing the existing sea plane ramp it was discovered that it was a massive concrete structure and would cost prohibitive to remove the entire structure. He also noted that the approved plan calls for the removal of the ramp. He requested that they amend the plan to allow them to remove the ramp surface 18 inches below the existing surrounding grade. He noted that the area would be graded to match the existing topography. Mr. Cameron also present a letter from DEP stating that there is no amendment necessary for the Chapter 91 license. Mark George asked if there would be any asphalt removed from the site. Mr. Cameron stated that there was some at the top of the surface and that they would remove it from the site as soon as they could. Mark George stated that . he would like to see the asphalt removed as soon as possible. Mr. Cameron noted that Mr. Ted Lento from the Army Corp. of Engineers has been made aware of the change and he is in agreement with it. Fred Harney requested that the file be noted that Mr. Lento is in agreement with the amendment. 2 • �o • There being no further questions or comments from those present, a motion was made by Mark George to amend Order of Conditions #64-228, for the Winter Island Boat Ramp Project, seconded by Joan Griffin and approved unanimously. Jim Dillon suggested that the letter requesting the amendment be incorporated into the file by reference. CERTIFICATE OF COMPLIANCE -21 PARALLEL STREET Steve Dibble stated that he was in receipt of a request for a Certificate of Compliance for 21 Parallel Street. Fred Harney noted that there is a closing scheduled for this property soon and there is no stamp on the letter although it appears on the as built plans. Steve Dibble noted that there have been some concerns expressed by the neighbors. One being that some of the abutters feel that they were not properly notified of the hearing on the project. Steve Dibble stated that he checked into that and he has the documentation that shows that the regulations were met. The other issue that is of concern to the neighbors is drainage. • Kara Coddins, an abutter addressed the Commission and stated that she has severe drainage problems that she feels are the result of the project. She showed the Commission photos of the area following a recent downpour. Steve Dibble stated that Mike Collins has been out to the area and has sent a letter to the Commission stating that the problems out there are easy to solve, since they are maintenance issues with the city, and there are no other issues of concern to the Engineering Department, Mark George stated that the Commission should issue the Certificate of Completion noting that the approved plans match the as built plans and maintenance of the existing system are not under the jurisdiction of the Commission. Mark George stated that he would like to make sure that the new owner knows that areas where they are restricted in the buffer zone. He suggested that they approve the plan subject to the new owner receiving the plan and the order of conditions on the property and that the Commission be notified that this was done. Motion made by Mark George to approve the Certificate of Compliance, • seconded by Joan Griffin and approved 5-0-1 with Jim Dillon abstaining. 3 ti. OLD / NEW BUSINESS • 106 -108 Leach Street Steve Dibble informed the Commission that he received the Notice of Intent from the applicant and he will advertise it and place it on the agenda for the next meeting. Forest River Conservation District - Update Steve Dibble reported that 110 volunteers successfully completed the building of the volunteer bridge. He noted that there are some decks that will be built in the near future. Restoration Deadline for 79 Almeda Street Steve Dibble noted that the deadline that the Commission issued for this property is June 30, and he will notify the applicant that they are to appear before the Commission at the July 10, 1997 meeting. Salem High School Steve Dibble reported that there has been an inquiry to the School Department • from the City Council regarding the status of the Soccer Field project at Salem High School. Steve Dibble explained the project and the areas that have been worked on and noted that the DPW and the School Department needs to be aware of the areas to stay away from at the site. It was suggested that a letter be sent to Mr. Bornstein and Mr. L'Heureux regarding the matter. Fred Harney suggested that Mr. L'Heureux be invited to the next meeting to discuss the site. 4 40 • Discussion on Local Setback Regulations Mark George suggested that the Commission set up a sub committee to investigate the set back regulations and present a plan to the Commission when they are finished. Joan Griffin suggested that a meeting be held prior to the next meeting at 6:00 to start working on that. 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 8:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk • • 5 • Salem Conservation Commission Minutes of Meeting Thursday, July 10, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday,July 10, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Bums,Becky Curran, Joan Griffin and Mark George. Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. DETERMINATION OF APPLICABILITY- 8 WYMAN AVENUE PATRICIA MILAN INSTALLATION OF WISCONSIN SEWERAGE SYSTEM Atty. Dwayne Smith addressed the Commission on behalf of his client and explained their application for a Determination of Applicability for the installation of a Wisconsin Mound Sewerage System. Mark George stated that he was familiar with this property and noted that the applicant and St. Joseph Credit Union have been working on a solution to this problem for some time now. He also noted that the Board of Health has been involved in this as well and has approved the plans, pending Conservation approval. Atty. Smith explained the plan and the location of the wetlands. He also explained how the system would work and noted that the tank would hold only gray water and no toilet would be hooked into the system. He explained that a tank fills up and a pump carries the water to • top and is forced to the top of the mound and seeps into the ground. He explained that the toilet system turns the material into a compost material and is emptied twice a year. He also noted that there is no odor from this process. Abby Bums suggested that the Commission have a site visit. Joan Griffin stated that they are clearly doing construction in a resource area; and she felt that they should file a Notice of Intent. Becky Curran noted that they are not proposing to alter the resource area in any way. She suggested that the Commission could issue a Negative Determination with conditions. Joan Griffin asked if they were removing the existing cess pool. Atty. Smith stated that the Board of Health did not require the removal of it. The Commission scheduled a site visit for Wednesday, July 16, 1997 at 7:00 p.m. Motion made by Mark George to continue the public hearing to July 24, 1997 seconded by Abby Bums and approved unanimously. • 1 NOTICE OF INTENT - 106 LEACH STREET- STEVE INGEMI • Dr. Hugh Mulligan addressed the Commission on behalf of his client Steve Ingemi. He explained that they are seeking approval after the fact, since Mr. Ingemi was unaware that he needed to file for the repair of the seawall. Dr. Mulligan stated that had the applicant come to the Commission, he did not think they would have had a problem with the plan. Dr. Mulligan explained the plan and the scope of the work that was done. Joan Griffin stated that she would like to look at the property. Mark George and Fred Harney agreed. The Commission scheduled a site visit for Wednesday July 16, 1997 at 6:30 p.m. Motion made by Joan Griffin to continue the public hearing to July 24, 1997, seconded by Abby Burns and approved unanimously. OLD/NEW BUSINESS Almeida Street Alicia Ryan was present at the meeting to discuss the progress that they have made on the clean up of the property. Fred Harney reported that they have made some effort to clean up the property and he recommended that the Commission visit the site. He also noted that the original work approved by the Commission has not been completed. The Commission scheduled a site visit for Wednesday, July 16, 1997 at 7:45 p.m. • 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. The meeting was adjourned at 7:40 p.m. Respectfully submitted by, Eileen M. Sacco, Clerk CC071097 2 , 1 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, JULY 24, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday,July 24, 1997 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, Mark George, and Becky Curran. Also present were: Assistant Planner Steve Dibble and Eileen Sacco, Clerk. DISCUSSION OF SALEM HIGH SCHOOL SOCCER FIELD EXPANSION PROJECT Fred Harney reviewed the history of the project for those members who are not familiar with it. City Engineer Stan Bornstein was present at the meeting and stated that he took a look at the site today and noted that nothing has been dumped there except mulch which appears to be first quality mulch consisting of leaves and paper. He stated that the project is simple to complete and it should only take about a week to complete. He stated that he has the equipment to push the material around. Fred Harney asked if they have a timetable for the completion of the soccer fields. Steve Dibble reported that the swale needs to be done first. Joan Griffin asked if the Commission members felt that there was dumping going on up there. Paul L'Heureux addressed the Commission and stated that they have discovered instances of household trash and yard waste being dumped there on the weekends. • Abby Bums questioned who has keys to the gates. Mr. L'Heureux stated that the DPW had keys and that they have dumped loam from other projects up there to leave a surface of clean fill Joan Griffin reminded Mr. L'Heureux that is the School Department wants to do any work within the 100 foot buffer zone, they need to come the Commission and file a Notice of Intent. Mr. L'Heureux reviewed the history of the project and noted that funding problems have halted the project temporarily. Mr. Bornstein stated that the Cemetery Department has a chipper and he could sent some of the summer help up there to clean the area up. He also suggested that they change the lock on the gate and have only one key to it. CONTINUATION OF PUBLIC HEARING - REQUEST FOR DETERMINATION OF APPLICABILITY - 8 WYMAN AVE. - PROPOSED INSTALLATION OF WISCONSIN MOUND SEWAGE SYSTEM Atty. Dwayne Smith addressed the Commission and explained the plans to install a Wisconsin Mound Sewage System at 8 Wyman Avenue. He explained the process by which the system works, and noted that it collects toilet waste and is emptied twice a year. He also noted that the Board of Health has approved the plan with conditions and they have requested the monitoring of the toilet disposal. • 1 Y� Joan Griffin suggested that because of the urgency of getting this done in a timely manner the Commission could issue a Negative Determination. She also noted that under normal circumstances she would like to see a Notice of Intent filed in order to get this done. Becky Curran agreed noting that the Commission should incorporated the Board of Health Conditions in the approval. She also suggested that they provide the Commission with a maintenance schedule. Atty. Smith stated that the manufacturer suggest maintenance twice a year, however they are planning to maintain it four times a year at the start to see how it goes. Steve Dibble stated that he would like to see the approval contingent on the approval of the Building Inspector if it is needed. There being no further comments or questions regarding the proposal, a motion was made by Mark George to issue a Negative Determination with conditions, seconded by Abby Burns and approved unanimously. The Commission discussed and approved the following conditions: I That the conditions of the Board of Health be strictly adhered to 2 That the applicant will submit a maintenance schedule to the Commission 3 That a report will be issued to the Conservation Commission on the maintenance 4 That this approval is contingent upon the approval of the Building Inspector,if necessary. CONTINUATION OF PUBLIC HEARING - NOTICE OF INTENT- STEPHEN INGEMI - 106 - 108 LEACH STREET - FILLING AND REPAIR WORK TO EXISTING SEAWALL • Fred Harney noted that the Commission held a site visit to the property and asked if any of the members had any questions. Mark George noted that the work was done and asked if there was any work that needs to be completed: Mr. Ingemi stated that most of the work is complete and that a safety rail needs to be installed. Joan Griffin noted that the applicant should have come to the Commission prior to doing the work. Mr. Ingemi stated that he did not think that he had to come to the Commission for repairs to an existing seawall. Steve Dibble stated that the applicant needs to get a Building Permit and a Certificate of Occupancy to satisfy the requirements of the Building Department. There being no further questions or comments at this time, a motion was made by Mark George to close the public hearing and issue an order of conditions seconded by Abby Burs and approved unanimously. The Commission discussed special conditions for the project. Fred Harney stated that he would like the approval to have a condition that any material used for the dock or the planter would be water base. 2 0 } • OLD/NEW BUSINESS 79 Almeda Street-Enforcement Order-Deadline of June 30-Frederick Ryan Fred Harney reviewed the history of the site and asked Commission members for their suggestions. Becky Curran stated that she is concerned about the bank stabilization and the drainage on the street. She noted that the neighbors say that the drainage has always been a problem there. She suggested that they take measures to stabilize the slope going towards the pond. Mr. Orlando,representing the owners addressed that concern and stated the he could have put a curb there,but that would have caused more flooding. Mark George asked Mr. Orlando to see what he could plant there to stabilize the slope . Mr. Orlando stated that he was considering a ground cover. Mark George noted that the Commission has no meeting in August. He emphasized that the primary concern of the Commission was the stabilization of the slope. Steve Dibble stated that 1/3 of the illegal fill has been removed from the site, and the bank needs to be stabilized, from the Lento property where the slope is exposed all the way to the far side of the pool. He also noted that the water in the street has to be channeled to protect the wetland. It was decided that Mr. Orlando would work on these issues and report to the Commission at the next meeting on September 11, 1997. Mr. Orlando will also notify the Commission • when the work is complete so that they can go out and review it. GTE Annual Monitoring Report Steve Dibble reported that the Annual Monitoring Report from GTE has been received by the Planning Department and is available should members with to review it. Forest River Conservation District Steve Dibble reported that the Volunteer Bridge is 99% complete. He also noted that Freshman from Salem State would be out there on August 30 finishing it up. There being no further business to come before the Commission at this time, a motion was made by Mark George to adjourn the meeting, seconded by Abby Burns and approved unanimously. The meeting was adjourned at 8:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC072497 3 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, SEPTEMBER 11, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, September 11, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Hamey,Abby Burns, Mark George,Jim Dillon, and Joan Griffin. Also present were: Steve Dibble, Conservation Administrator and Eileen Sacco, Clerk. PUBLIC HEARING - NOTICE OF INTENT 116-118 LEACH STREET Mr. Charles O'Donnell addressed the Commission and explained his plans for the repair of an existing bulkhead/sea wall and addition to an existing house at 116-118 Leach Street. Mr. O'Donnell noted that the area is within the buffer zone of a coastal bank. Mr. O'Donnell explained the process that would be used to repair the bulkhead and the sea wall. He noted that a filter fabric would be installed behind the wall and the concrete pad would be poured. Fred Harney asked if the proposed addition was in the buffer zone. Mr. O'Donnell stated that it was 20 feet from the top of the coastal bank and would have a slab foundation and a balcony on the top. Joan Griffin asked if the tie backs would be exposed. Mr. O'Donnell stated that they would be exposed. • Mark George asked if the excavation would be done from the water side of the property. Mr. O'Donnell stated that there would be no equipment used on the water side, other than a pinch bar which he explained he would use to dig out and remove the pilings. Mark George asked Mr. O'Donnell what the conditions are in the area when a big storm hits. Mr. Ingemi who is an abutter stated that he has only seen a couple of big storms since he has been there and nothing really come up over the wall. Joan Griffin stated that she was concerned about the amount of impervious surface that would result from this project and that she is concerned about flooding in the yard. Mr. O'Donnell stated that the filter fabric and the crushed stone should allow the water to drain from the area. Mark George stated that he is concerned about the Gillespie property and the impact on them. Mr. O'Donnell stated that the properties are basically the same grade. Joan Griffin stated that she is concerned about setting a precedent by allowing that much paving to occur next to the water. She stressed that the amount of impervious surface would cause the water to flow in a sheet. Mr. O'Donnell stated that it would be clean runoff. Steve Dibble stated that he had two administrative concerns about the proposal. He stated that he would like to make a condition that no pesticides or petroleum products would be used or stored in the area. He also stated that the plan needs to be revised to show the walkway and the concrete patio and the dimensions should also be shown on the plan. • 1 Motion made by Abby Bums close the public hearing, seconded by Mark George and • approved unanimously. Motion made by Jim Dillon to approve the plan, subject to the submission of the revised plan showing the walkway and the dimensions of the patio within 60 days, seconded by Mark George and approved 4-1 with Joan Griffin opposed. The Commission discussed special conditions for the project. The Commission imposed the following special conditions on the project: 1, 2, 3, 4, 5, 6, 7*(amend 100 feet to 25 feet), 12, 13, 14, 15, 18, and 21. In addition the Commission added a condition that all construction shall take place in on the land side of the property and that no heavy equipment shall be used on the water side. Motion made by Mark George to approve the special conditions, seconded by Abby Burns and approved 4 -1 with Joan Griffin opposed. REQUEST FOR CERTIFIFATE OF COMPLIANCE - NEPCO- COLLINS COVE- DEP FILE #64 - 199 and # 64 - 219 Joe Callahan of New England Power Company addressed the Commission and explained that while going through the files he found that there were two projects that they never filed for Certificates of Compliance on. 2 He gave the Commission letters from Earth Tech stating that the projects were in compliance. • Fred Harney noted that the letter were missing the stamp of the Engineer and that is required for the approval of the certificates. Mark George suggested that the Commission could approve the request subject to the submission of the letters with the stamps on them to the Planning Department. Motion made by Mark George to approve the Certificates of Compliance, seconded by Abby Bums and approved unanimously. DISCUSSION WITH NEP�:O - COLLINS COVE - PROPOSED BEACH CLEANUP AT 51 OSGOOD STREET Mr. Callahan addressed the Commission and explained that during the planning stages of the next phase of the clean up to the area they are proposing to clean up the beach at 51 Osgood Street and remove the black ash coal material that is there. He stated that it is not hazardous material and that they are doing it more for aesthetic purposes. He explained that they will rake the area and shovel up the material, and there would be no dredging or filling of the area. Mark George suggested that it would be a good neighbor gesture if they would continue the process all the way around the beach. He noted that the black ash coal is all over that beach and if it were not too costly it would be appreciated. Mr. Callahan stated that they are not claiming ownership of the area, but agreed to go back to NEPCO officials and see what could be done. 2 • • REQUEST TO EXTEND ORDER OF CONDITION -DEP FILE#64- 197/SALEM BEVERLY BRIDGE Fred Harney recused himself from discussion of this matter, and Joan Griffin assumed the Chair. Mr. Bob Joseph addressed the Commission and updated them on the progress of the Salem /Beverly Bridge. He explained that the project is being done in 5 phases and noted that the bridge is open and almost complete.He noted that the Bridge and Flint Street project is in progress. Mr. Joseph explained the other three phases of the project. He stated that the Thomdike to Washington Street was in 75% design stage and the contract for the North River Canal mitigation phase has been awarded and construction could begin as early as late fall. He also noted that the rest of the Bridge Street area is still in the design stages. Joan Griffin stated that she has attended numerous neighborhood meetings on the North River Canal Project, and she has some concerns about the design of the park. She also noted that the project is stale and that she would like to review the project again. She questioned the point of having a limit on the Order of Conditions if the Commission didn't take the opportunity to review projects from time to time. Mark George noted that this is a muld - million dollar project and to apply a new standard at this point is not fair. Steve Dibble noted that the Order of Conditions expires this evening and that the project • would have to stop. Joan Griffin stated that since the project was approved the Rivers Protection Act has become law and there is new information and processes that can be done now that are more efficient and better for the environment. Abby Bums stated that she agreed and also commented on the hideous appearance of the new bridge, noting that she was disappointed with the outcome of that. Mr. Joseph reminded the Commission that this is a$50 Million dollar improvement project for the City and the cost and time that would be lost would be damaging to the project. Mary Ann Kelsey the project representative for the Salem Beverly Bridge, addressed the Commission and referred to the Order of Conditions which stated that the Commission will be notified and given the plans for the final design stages of the project. She noted that the Commission will have the opportunity to see those plans as they are available. Jim Dillon stated that the issue before the Commission is to extend the Order of Conditions, not debate the process of issuing Orders of Conditions. Motion made by Mark George to extend the Order of Conditions for the Salem/Beverly Bridge Project, seconded by Jim Dillon and approved 3 -1 with Joan Griffin opposed. Chairman Fred Harney returned to the meeting at this time and assumed the Chair. • 3 REQUEST FOR DETERMINATION OF APPLICABILITY-AMTRACK-MBTA • Steve Dibble noted that the applicant has not yet arrived at the meeting and explained that the matter is simple and he would explain it to the Commission. Steve Dibble explained that the MBTA is installing shelter or waiting areas at the train station on Bridge Street. He explained that they are applying for a Determination of Applicability and he recommends a Negative Determination. Motion made by Mark George to issue a Negative Determination, seconded by Jim Dillon and approved unanimously. OLD/NEW BUSINESS Enforcement Order- 50 Ravenna Street- Deborah and Anthony Jermyn Mr. Jermyn addressed the Commission and explained that he was only trying to make his property safe and did not know that he was violating anything in doing so. He apologized for the oversight and stated that he wanted to do the right thing. Fred Harney stated that he went to the site and noted that the fill is good clean fill. He also noted that there is a question as to whether or not the area is in the jurisdiction of the Commission. Mark George stated that he also visited the property and explained the topography of the property for the Commission. He stated that there is a 50 foot drop at the rear of the property. ;11 • Abby Bums suggested that the Commission should have a site visit to the property. Mark George stated that he should file a Notice of Intent and the Commission will review the plan and take action. He also suggested that the plan include some plantings to help stabilize the slope. Enforcement Order- 289 Derby Street- South River Realty Trust Steve Dibble addressed the Commission and explained that he was called to the site when there was sever danger of the tanks floating away, from the site due to erosion at high tide. He also noted that he authorized temporary relief measures that were taken to stabilize the site. He stated that he ordered one stockpile to be removed and that a hay bale line and silt fence be installed. He also stated that they were told to cover the other stockpile with a waterproof tarp. He also noted that he discussed this with Chairman Harney. Mr. Barry Kossover addressed the Commission and explained that he was not told by the Building Inspector that he needed an Order of Conditions from the Conservation Commission. He explained the process that he went through and noted several approvals that he received. He also noted that the Fire Marshall was involved in the process and he approved the plans. Mr. Kossover stated that the project is nearly complete and all they have to do is back fill the area with pea stone and he is waiting for approval to have the stockpiled material off site for disposal. He stated that no further excavation is needed. 4 • • Mr. Kossover stated that the would be a financial hardship on him if he is not allowed to continue the project and get his station back in operation. Mark George suggested that this could be considered an emergency situation, and the Commission could issue and Emergency Order of Conditions. Motion made by Mark George to issue an Emergency Order of Conditions,for 289 Derby Street, seconded by Abby Bums and approved unanimously. Enforcement Order-79 Almeda Street-Frederick and Alicia Ryan Mr. Sal Orlando addressed the Commission on behalf of his daughter and son in law. He stated that he has landscaped the area and planted juniper and hedges so that the area is not accessible to those who have been dumping there. 6 Fred Harney suggested that the Commission should visit the site and then a certificate of compliance could be issued. Mr. Orlando agreed that would be in order. Steve Dibble noted that the owners should be present at the site visit or sign an authorization requesting that they be represented. I The Commission scheduled a site visit for Saturday, September 13, 1997 at 7:30 a.m. Rivers Protection Act- Regulations Steve Dibble informed the Commission that he has finally received the regulations for the Rivers Protection Act, and noted that they were in the members packets for the meeting. • Abby Burns commented on the poor copy quality of the regulations. Discussion - 127 Marlborough Road Steve Dibble explained that the applicant had submitted a requests for a modification of the Order of Conditions and that the secretary did not give them to him in time for it to be advertised. He stated that the applicant has granted a waiver to the 21 day period in which the Commission has to act on the application. He suggested that the Commission should visit the site before the next meeting when it will be before the Commission to save some time. The Commission scheduler the site visit for Saturday, September 13, 1997 at 8:00 a.m. Chairman Harney asked for.-a motion for the Commission to convene into Executive Session for the purpose of discussing matters of pending litigation. • 5 1 Motion made by Mark George to adjourn to Executive Session for the purpose of discussing matters of pending litigation and the Commission will not return to open session this evening, seconded by Abby Burns and a roll call vote was taken: Mark George Yes Jim Dillon Yes Abby Burns Yes Joan Griffin Yes Fred Harney ;; Yes The motion was approved 5 - 0. The meeting was adjourned at 9:30 p.m. The Executive Session was adjourned at 9:50 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC091197 6 • SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, SEPTEMBER 25, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, September 25, 1997 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, Becky Curran, and Jim Dillon. Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. DETERMINATION OF APPLICABILITY- 127 MARLBOROUGH ROAD John Dick from Hancock Environmental addressed the Commission and explained that his client has signed a purchase and sale agreement for the property located at 127 Marlborough Road, now owned by Joseph Furnari. He recalled that the Commission had approved a 13 lot subdivision, and that a superseding Order of Conditions has been issued by DEP. He explained that his client is reluctant to build 13 lots on this parcel, largely due to the expense of building the road and the possibility that the land could be subject to the rivers bill. He also noted that it could be argued that it is not subject to the rivers bill. "et The Commission discussed the Rivers Bill and the provisions of it which may include this parcel in it. Mr. Dick stated that it seems that a driving consideration is that it has to be a flowing steadily in a defined channel for the entire year. He noted that this area has flow but there is no defined channel. He also noted that there is no water upstream but there is flow downstream. Mr. Dick stated that his client does not want to get involved in work in the resource area. • Steve Dibble stated that the USGS Map indicates that there is a river there. He also noted that if it is listed on the USGS Map and is showing a perennial stream for three seasons. He noted that they are walking a fine line and that whatever action is taken tonight will affect action upstream. John Dillon asked Mr. Dick to review the map and locate the areas that appear to be wet. Mr. Dick stated that they could use the information provided and make field observations and make a decision contrary to the map. He also showed pictures of the area to the Commission. Mr. Dick stated that they will be going to the Planning Board at their next meeting for a Form A on the parcel. He explained that they are proposing to build 8 or 9 lots as opposed to the 13 that were previously approved. He also stated that he does not want to resurrect the old plan and would like to file a new Notice of Intent. Chairman Harney asked if there was anyone present at the meeting who wished to comment on the application. There was no response. 1 • 1 T. There being no further questions or comments on the matter, a motion was made by Abby Burns and seconded by Mark George to grant a positive determination as follows: • 1 That the area flowing west from the vicinity of 144& 146 Marlborough Road to Strongwater Brook is determined to be a resource area, not a river. 2 That the reach of Strongwater Brook lying south of the Northerly Stone Bridge is an intermittent stream 3 That the reach of Strongwater Brook lying north of the Northerly Stone Bridge has the characteristics (perennial flow in a defined channel)of a river. The motion was approved unanimously. OLD/NEW BUSINESS 1 Site Inspection - 79 Almeda Street- Frederick Ryan Fred Harney reported that most of the members of the Commission has visited the site. He suggested that he would like a new plan showing the contours of the property and he would like to see a fence put up on the property to prevent further dumping. Mark George agreed stating that he felt that the Commission should lift the existing enforcement order and issue an order stating that all dumping shall cease and that the area be secured.,He also suggested that a new plan be submitted showing the . current contours and elevations and all structures including the pool. Fred Harney stated that he would like the plan done by a Registered Professional Engineer with a stamp on it. Motion made by Mark George to lift the existing enforcement order and issue an order stating that all dumping shall cease and that the area be secured, and that a new plan be submitted showing the current contours and elevations and all structures including the pool, done by a Registered Professional Engineer with a stamp on it, seconded by Abby Burns and approved unanimously. 2 Workshops Steve Dibble reminded Commission Members that the Rivers Bill Workshop will be held on October 2, 1997 from 2 - 4:30 in Ipswich. 3 Forest River Conservation District Update Steve Dibble reported the 20 students built another bridge at the Forest River. Becky Curran stated that she has a photo of the Forest River area and the Commission could give it to Dr. Borges as a show of appreciation for all the work that he has done there. 2 • r f • 4 Discussion of Franklin Street and North Street Violations Steve Dibble reported on the status of the violations on the Franklin Street and North Street Properties owned by Mr. Burnham and noted that the city is still fining them $200.00 per day. There being no further business to come before the Conservation Commission at this meeting a motion was made by Abby Bums 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 CC092597 • • 3 Conservation Commission Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, October 9, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman Tentative Agenda • 1. Public Hearing - Request for Determination of Applicability - 35 Winter Island Rd, Proposed addition to house, ledge removal, and landscaping. 2. Public Hearing -Notice of Intent- 20-40 Colonial Road, Van Waters & Rogers and Exeter International Realty, Proposed building demolition and parking lot and stormwater management improvements. 3. Public Hearing -Notice of Intent- Michael Road and Highland Avenue, Mass Electric Company, Proposed expansion of existing electric substation and underground duct work. 4. Request for Certificate of Compliance, DEP File# 64-262, Champlain Road 5. Old/New Business a. Discussion of the new Rivers Protection Act Regulations b. Forest River Conservation District update c. Discussion of Franklin and North Street violations d. Discussion of local setback regulations • sd\concom\agenda\100997 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, OCTOBER 23, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, October 23, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Rebecca Curran, Karen Fabiszewski and Kevin Cornacchio, Mark George (7:20 p.m.). Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. PUBLIC HEARING- REQUEST FOR DETERMINATION OF APPLICABILITY -MARBLEHEAD BRANCH BICYCLE PATH LAFAYETTE STREET TO LORING AVENUE CITY OF SALEM PLANNING DEPARTMENT Juli Reimenschneider of the Salem Planning Department addressed the Commission and explained the plans for the Marblehead branch of the bicycle path. She explained that there will be three trails in Salem and showed a colored rendering of the section that they currently have funding to build. . Ms. Reimenschneider explained that the location of the path is more than 100 feet from the finger of the marsh that drains out at the end of Salem State College. She explained that the path would be 8 feet wide and that the construction would have no impact on the area. Fred Harney asked what plans Marblehead had if any for the area. Ms. Reimenschneider stated that they are trying to work out an easement and they have agreed to put the utilities underground. She also noted that they would like to get easements from Salem State College and they have talked to them about it. Fred Harney expressed concern that the City may get this built and Marblehead may have to tear it up. Ms. Reimenschneider noted that they will try and coordinate the work schedules so that would not happen. Steve Dibble noted that Marblehead plans to file separately but he doesn't know when they plan to do that. Abby Burns suggested that the Commission have a site visit. Rebecca Curran stated that she is comfortable with the plan and knows the area, so she didn't see the need for a site visit. Steve Dibble suggested that the Commission place a condition on the project that no motorized vehicles be allowed on the trail. • • There being no further questions or comments regarding the project, a motion was made by Abby Burns to close the public hearing, seconded by Rebecca Curran and approved unanimously. Motion made by Abby Bums to issue a negative determination with the condition that no motorized vehicles be allowed on the bike path, seconded by Rebecca Curran and approved unanimously. CONTINUATION OF PUBLIC HEARING- VAN WATERS & ROGERS - DEP FILE # 64-270 NOTICE OF INTENT 20-40 COLONIAL ROAD Atty. John Serafini Jr. addressed the Commission and explained the history of the project: He explained that the building presently used for storage would remain in use until the new building that they propose to construct is complete. He noted that all of the repackaging operation would be moved to the new building and the storage would remain in the existing building. He stated that bulk product storage would be in the new building. Mark George expressed his concern with the location of the storage area for chemicals and questioned how close it was to the resource area. Atty. Serafini stated that those products are generally water treatment products. Mark George questioned if the building would be leased. Atty. Serafini stated that they have no • plans to sublet the building at this time. He also noted that if and when they do they would have to come back to the Commission. Fred Harney stated that the parking area is also of concem. Abby Burns stated that she is concerned about the hazardous materials and stated that she felt that it was reasonable for the Commission to request language that would govern what can be done with that building. Atty. Serafini stated that they are not planning on expanding anything with those buildings. Mark George stated that he thinks it is a good plan to move that operation away from the wetland and he would like to take a look at it. Mark George also noted that curbing around the building and the inner and outer riparian is missing and he would like to see them recurb around the building. Atty. Serafini stated that they would be willing to replace the broken berm with granite curbing around the building and in the parking area as well. Fred Harney opened the hearing up for public comment at this time. • • Don Rose addressed the Commission and questioned what the new construction. Atty. Serafini explained that they would remove 20 underground storage tanks and the repackaging facility would be moved away from the wetland. He also noted that they would be scaling down the facility from what it is presently by downsizing the amount of buildings on the site. There being no further questions or comments at this time a motion was made by Mark George to close the public hearing, seconded by Rebecca Curran and approved unanimously. Motion made by Mark George to issue an Order of Conditions, seconded by Abby Bums, and approved 5 - 0 - 1 with Kevin Comacchio abstaining. The Commission discussed special conditions for the project. The following special conditions were suggested: 1, 2, 3, 4; 6, 7, 8*, 9, 12*, 13, 14, 15, 18, and 21. (* as amended) Abby Burns suggested the possibility of placing a condition on the reuse of the building as discussed previously. Mark George stated that they would have to come back to the Commission if the footprint changes and beyond that what has been suggested is beyond the purview of the Commission. • Abby Burns questioned who would monitor the storage of the flammable materials on the site. Atty. Serafini stated that there are guidelines that they must follow and that criteria has to be met. He noted that the Fire Department inspects the property to issue licenses. Motion made by Abby Burns to approve the special conditions as amended, seconded by Mark George and approved. CONTINUATION OF PUBLIC HEARING -NOTICE OF INTENT - MICHAEL ROAD AND HIGHLAND AVENUE, MASS ELECTRIC COMPANY- PROPOSED EXPANSION OF EXISTING ELECTRICAL SUBSTATION AND UNDERGROUND DUCT WORK Chairman Fred Harney recused himself from discussion of this matter. Mark George assumed the chair. Bill Litrell representing Massachusetts Electric addressed the Board and explained the proposed project. He explained that they are proposing a 12,000 s.f expansion of the existing substation with some grading and the construction of a rock wall at the bottom of the slope. • • Andre Millina addressed the Commission and explained the plan. He stated that they propose to install two additional circuits to accommodate the electric needs to the year 2020. Rebecca Curran noted that the slope is steep and asked if they hada plan to stabilize the slope. Mr. Millin stated that they plan to build the rock wall to stabilize the toe and act as a physical barrier to the wetland. He stated that the closest point to the wetland is approximately 16 feet. Mark George opened the hearing up for public comment at this time. There was no one present who wished to comment on the proposal. There being no further questions or comments at this time, a motion was made by Abby Burns to close the pubfic hearing, seconded by Rebecca Curran and approved unanimously. The Commission discussed special conditions for the project. The following were suggested: 1, 2, 3; 4, 5; 6, 7; 12, 13; 14, 15; 16, 17, 18, and 21. The Commission also conditioned that all work will be done on the up slope side for the construction of the wall. • REQUEST FOR DETERMINATION OF APPLICABILITY- 12 FRANKLIN STREET SITE PREPARATION WORK AND BOAT STORAGE/YACHT BROKERAGE Jim Russell addressed the Commission and explained his plan to clean up the property at 12 Franklin Street and use the site for a boat storage facility and yacht brokerage firm. He stated that the site is 177 feet X 300 feet deep and they plan to clean up the trash and clear the brush that is there. He stated the plan would clean up the site and they would be evicting a person who is living on the site illegally in a tent. Rebecca Curran stated that it does not sound like they would be impacting the resource area. Mr. Russell stated that his first intention is to clean up the site, and noted that they are not changing the elevations at all. Steve Dibble stated that he would like the Commission to visit the site. He also noted that the Commission has been requested to comment by DEP on a Chapter 91 License application from the owner Sally Byers. • • Mark George agreed that the Commission should see the site, especially since the Commission has other pending projects in the area and they should be consistent with each application. Motion made by Abby Burns to continue the public hearing to November 8, 1997, seconded by Rebecca Curran and approved unanimously. OLD/NEW BUSINESS Discussion of DEP File#64-263 61 Jefferson Avenue Fred Harney stated that while visiting another site in the area they found that eight 55 gallon drums were being stored on the site and that the silt fence has been taken down. He also stated that the parking of buses on the site extended over the line and into the buffer zone. He noted that the Order of Conditions prohibits the storing and servicing of equipment in the buffer zone. Mark George suggested that the Commission request that the owner come to the meeting on November 13, 1997. Fred Harney stated that he would like to schedule a walk through along the length of Jefferson Avenue. • Discussion of 12 Franklin Street- Chapter 91 License Steve Dibble suggested that this discussion be postponed until after the Commission visits the site. Discussion of Flooding Problem on Parallel Street Steve Dibble stated that he has received several letter from residents in the Parallel Street area regarding the increase in flooding since Mr. Singeton constructed the houses: Fred Harney suggested that the Commission send the information along to the Engineering Department and let them investigate it. Bridge Street Bypass - 75%Drawings Steve Dibble reported that the drawings for the Bridge Street Bypass Road are at 75%completion and the Commission needs to comment on them. The Commission decided to meet at 6:00 p.m. on November 13, 1997 to review the drawings and make comment. • • 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 Rebecca Curran and approved unanimously. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC102397 • • SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, November 13, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, November 13, 1997, at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harnev, .Abby Burns, Mark George, Rebecca Curran, Jim Dillon, and Kevin Cornacchio. Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. PUBLIC HEARING-REQUEST FOR DETERMINATION OF APPLICABILITY- 50 RAVENNA AVENUE - ANTHONY JERMYN Mark George reported that he and Fred Harney have been out to the site. The applicant has submitted plans. Mr. Jermyn explained the location of the house and noted that the property drops off drastically in the rear. He noted that the elevation is the highest in the area. Mr. Jermyn explained that the area is dangerous and getting out of the driveway in winter is dangerous. He stated that he is proposing to extend the backyard area a little and plan some shrubbery to make it safer. He stated that the drop in the back • yard is about 160 feet. He also stated that he has no plans to build any structures at this time or expand the driveway. He also stated that he plans to use clean fill and that no trash fill would be used at all. There being no further questions or comments regarding this matter, a motion was made by Mark George to issue a negative determination, seconded by Kevin Cornacchio, and approved unanimously. CONTINUATION OF PUBLIC HEARING- REQUEST FOR DETERMINATION OF APPLICABILITY- 12 FRANKLIN STREET PROPOSED SITE PREPARATION WORK AND BOAT STORAGENACHT BROKERAGE Fred Harney recused himself from discussion of this matter. Mark George stated that the Commission visited the site and asked if they had any questions. Mark George stated that he feels that the applicant should file a Notice of Intent. He noted that the land is flat and graded and the area needs to be cleaned up, but the Commission would be remiss if they did not follow along as they have with • other projects in the area. • Karen Fabiszewski asked if they had a proposal for the number of new versus used boats they would store on the site. Mr. Russell stated that he did not know at this time. Kevin Cornacchio asked if they plan to any bottom prep work on the site. Mr. Russell stated that they would do that in an area away from the wetland. There being no further questions or comments at this time, a motion was made by Jim Dillon to close the public hearing, seconded by Abby Burns and approved unanimously. Motion made by Abby Burns to issue a positive determination, seconded by Jim Dillon and approved unanimously. Discussion of Enforcement Order for DEP File#64-263 - 61 Jefferson Avenue Norman Dube was present to answer questions of concern to the Commission. Fred Hamey stated that while the Commission was in the area inspecting other properties, they noticed that there were some violations on Mr. Dube's property. He stated that they viewed trucks and asphalt stored in the area next to the wetland. He also noted that the haybales were in disrepair. Mr. Ramey noted that • these concerns need to be addressed. Mr. Dube stated that nothing hazardous was stored in that area. He stated that the sealer that is stored in.drums was in that area, but it is not hazardous. Mark George stated that there is an ongoing condition in the Order of Conditions that requires him to clean and maintain the area. Mr. Dube stated that the Order of Conditions does not speak to any ongoing conditions. The Commission reviewed the Order of Conditions. Mr. Dube stated that he needs to store his trucks on the property. He also stated that he had some ideas on how to solve the concerns of the Commission and he is willing to work with them. Mr. Dube will work on a solution and come back to the Commission with a plan. Discussion of Enforcement Order 63 Jefferson Avenue - John Penny was present at the meeting to discuss the enforcement order issued on his property. • Fred Harney noted that they have been parking buses in an area that is too close to • the wetland. Mr. Penny stated that he leases the property to the Michaud Company for storage. Fred Harney stated that he would like to see granite curbing bumpers installed to define the area that the buses can be parked in. Mr. Penny stated that they will only be storing the buses there until they sell them. Steve Dibble will work with Mr. Penny to come to a solution to the problem. Discussion and Update of Plummer Home for Boys Project-Winter island Road Debbie Hurlburt, a Trustee for the Plummer Home for Boys addressed the Commission to update them on the status of the work that has been going on there. She explained that the Plummer Home was issued an Order of Conditions 2 Y2 years ago to repair serious erosion problems that have been cause by coastal storms over the years. She reported that they have spend a substantial amount of money on the project and are scheduled to do some landscaping when the funds are available. She also noted that she may come back to the Commission in June for an extension to the Order of Conditions if they are unable to fund the entire $10,000.00 that the landscaping will cost. Ms. Hurlburt explained the landscaping plan and stated that she would like an • approval of the plan from the Commission. Motion made by Jim Dillon to approve the plan, seconded by Abby Burns and approved unanimously. Certificate of Compliance -Parker Brothers -91 Bridge Street Steve Dibble stated that he has a request for a Certificate of Compliance from Parker Brothers. He stated that they have a stamped letter from the Engineer and the project has been completed according to the plans. Motion made by Jim Dillon to issue a Certificate of Compliance for Parker Brothers, seconded by Kevin Cornacchio, and approved unanimously. Request for Certificate of Compliance- VanWaters and Rogers The request for Certificates of Compliance on several Orders of Conditions was tabled for further information: • Discussion of 12 Franklin Street - Chanter 91 License • This matter was tabled to allow the members to review the matter and make formal comments to DEP. 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 8:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC111397 • • SALEM CONSERVATION COMMISSION • MINUTES OF MEETING THURSDAY, DECEMBER 11, 1997 A regular meeting of the Salem Conservation Commission was held on Thursday, December 11, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Abby Burns, Kevin Cornacchio, Jim Dillon, Karen Fabiszewski, and Mark George. Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. PUBLIC HEARING - NOTICE OF INTENT - TOWN OF MARBLEHEAD - ELECTRIC LIGHT DEPARTMENT Robert Joly of the Marblehead Electric Light Department addressed the Commission and recalled that in April of 1996 they filed for the Lead Mills portion of the project, located between Canal Street and Route 107. He stated that JUli Reimenschneider has reviewed the final plan and made suggestions. Mr. Joly explained the plan and stated that they plan to have overhead utilities • from the active rail tie to Tulip Street, and go underground from there to Marblehead and then over head into Marblehead. He noted that at one time they planned to go overhead all the way to Salem State, but it was found to be an imposition to the City and they revised the plan. Fred Harney suggested that the Commission hold a site visit. Mr. Joly agreed noting that he would like to set the nine poles with as little impact as possible. Fred Harney asked if there were any other utilities that would be using the poles such as cable. Mr. Joly stated that they would only be used by Marblehead Electric. Fred Harney stated that there could be a minimal amount of contamination there that they would have to deal with. Mr. Joly stated that they would be displacing a minimal amount of soil. Steve Dibble requested that they show in detail on the plan a cross section of the poles. Steve Dibble also questioned if the City Electrician Paul Tuttle has seen the plan. Mr. Joly stated that he has looked at the plan and approved it. Fred Harney suggested that he would like comments from the City Engineer • regarding the plan. • The Commission scheduled a site visit for December 13, 1997 at 8:00 a.m. Chairman Harney opened the hearing up for public comment at this time. There was no one present who wished to speak on the project. There being no further comments or questions on the application at this time a motion was made by Mark George to continue the public hearing to January 8, 1998, seconded by Jim Dillon and approved unanimously. DISCUSSION OF ENFORCEMENT ORDER - 44 CROWDIS STREET Steve Dibble addressed the Commission and stated that the residents of 44 Crowdis Street were preparing to construct a swimming pool and they have been clearing trees in the area. He stated that he received a call from abutters on Valley Street and visited the site. He stated that he issued an enforcement order and Ray McDuff is present this evening to address the concerns of the Commission. Mary Butler of 44 Valley Street addressed the Commission and noted that there is a pond there that fills up in the spring. She stated that she already has a drainage problem and is afraid that this will impact that. She also stated that she is not opposed to the pool, she just wants to make sure she is protected. . Jim Dillon suggested a site visit so the Commission could view the area. A site visit was scheduled for Saturday, December 13, 1997 at 9:00 a.m. Motion made by Jim Dillon to continue the cease and desist order, seconded by Abby Burns and approved unanimously. AMENDMENT OF ORDER OF CONDITIONS #64-263 -ATLANTIC PAVING - JEFFERSON AVENUE Steve Dibble addressed the Commission and reported that the applicant is requesting to have his order of conditions amended in response to some concerns of the Commission. He explained that the applicant is proposing not to store any fuel in the non paved area of the site. He also stated that the applicant agrees to park only required vehicles in the area within the 30 foot setback, and a 12" reveal or granite curbing will be installed along the rear of the property by June 30, 1998, and equipment must be maintained to prevent leakage or discharge of pollutants. J Karen Fabiszewski stated that she felt that the second item was a little vague. • Mark George agreed and requested that the applicant be requested to attend the next meeting for a discussion of the plan. FRANKLIN STREET - BURNHAM ASSOCIATES Karen Fabiszewski stated that she saw the pipes on the property on Saturday. Mark George stated that Mr. Burnham would be coming in January to address the matters that are pending. He noted that he withdrew his appeal to DEP and is going to file a Notice of Intent with the Commission. Mark George also stated that he has been chasing DEP and has met with Kevin Daly 79 ALMEDA STREET Steve Dibble reminded the Commission that the corrections to the property at 79 Almeda Street are due to be completed by December 24, 1997. SALEM STATE COLLEGE Steve Dibble informed the Commission that Salem State College will be filing a Notice of Intent. He also noted that the Rivers Protection Act may apply here. • 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 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC121197 00 m