The URL can be used to link to this page

1998-CONSERVATION COMMISSION • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, JANUARY 8, 1998 A regular meeting of the Salem Conservation was held on Thursday January 8, 1998 at 7:00 p.m. in the second.floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Mark George, Kevin Cornacchio, Karen Fabiszewski, and Rebecca Curran. Also.present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. PUBLIC HEARING - NOTICE OF INTENT - BURNHAM ASSOCIATES - PROPOSED WORK TO CONSTRUCT SHEETPILE BULKHEAD AT 70A NORTH STREET Chairman Fred Harney recused himself from discussion of this matter and Mark George assumed the chair. Bill Kelley representing Mr. Craig Burnham addressed the Commission on behalf of his client. He recalled the history of the site and noted that they had been before the Commission on a previous occasion for approval of plan to correct the • same thing and the Commission denied the application. He noted that they appealed the decision to DEP and they have sent them back to the Commission to resubmit the application. Mr. Kelley explained the proposed work as being the installation of a sheet pile bulkhead and to replace the existing rubble wall. He showed photographs of the badly deteriorating wall. He stated that the work would be a great improvement to the area. Mark George referred to the photographs and asked what all of the material was that appears to be stored on the bank of the river. Mr. Kelley stated that they were building materials such as dredging pipes that Mr. Burnham uses in his business. Rebecca Curran asked how high the wall was. Mr. Burnham stated that it was about 23 feet. Ms. Curran asked if the area behind the bulkhead would be paved or grass. Mr. Burnham stated that he would be open to discussion on that. He noted that he had been thinking crushed stone, and that he wants to fully utilize the area. Mark George addressed Mr. Burnham and stated that he was concerned over is lack of cooperation over the cease and desist orders that have been issued to • him by the Commission in the past., he also noted that he wanted to speak to the • unfinished business before addressing the new proposal. Mr. Burnham questioned what he was supposed to stop doing. Atty. Kevin Daly, who is representing the Commission on this matter addressed the Commission and stated that on October 10, 1996 the Commission issued a cease and desist order to stop all storage on materials on the property at 14 Franklin Street.. Mr. Burnham stated that the issue before the Commission is about the wall and that he did not wish to address the other business that is still in litigation. Atty. Daly stated that Mr. Burnham knows full well what the concerns of the Commission are and he chose to ignore them. He also noted that the City of Salem has been imposing $200.00 per day fines on Mr. Burnham for non compliance, and he was arraigned today in District court for failure to pay $55,000.00 in fines due to the city. Atty. Daly also noted that 1996 legislation provides that anyone who owes money to a city can be denied a permit, and advised the Commission that they could deny this application based on his failure to pay the fines. Mr. Burnham stated that there is nothing there that penetrates into the mud. He stated that the barge is tied up with six links. Atty. Daly stated that Mr. Burnham has testified under oath that the barge is too heavy to tie up Rebecca Curran stated that she would like to have a site visit to the area. • Robert Blenkhorn addressed the Commission and stated that he felt that the project would improve the area. He noted that Mr. Burnham stated that he would clean up the area. He also stated that this is a seacoast community and equipment such as Mr. Burnham has stored there is a common site. Steve Dibble read a letter from Mr. Peter Victory, of 8 Lee Street into the record. Mark George stated that historically the Commission has had incomplete business with Mr. Burnham, and he does not speak to the issue at hand. He asked the Commission what their wish was on this matter, noting that they could deny the application based on the non payment of the fines that have been imposed. Kevin Cornacchio agreed that he would like to see the past issues cleaned up. Mr. Burnham addressed the Commission and called Mr. Daly's comments a "witch hunt" . He stated that he would invite the Commission-to go out on a boat and he would show them what is really there without the fairy tale. Steve Dibble reviewed the Cease and desist order that was issued on October 10, 1996. He stated that it specified the storage of equipment in a shoreline • • district, and he was asked to appear before the Commission to address the matter. He did not do so and the Commission order that the fines be issued. Motion made by Kevin Cornacchio to continue the public hearing to January 22, 1998, seconded by Rebecca Curran and approved unanimously. The Commission discussed possible dates for a site visit. It was suggested that they visit the site at both high and low tide. The site visits were scheduled for January 10, 1998 at 8:00 a.m. (high tide), and January 17, 1998 8:00 a.m. (low tide). Atty. Daly requested that the Commission request his presence at the site visit by way of a motion. Motion made by Karen Fabiszewski to have Attorney Kevin Daly accompany the Conservation Commission on the scheduled site visits on January 10 and 17, 1998, seconded by Kevin Cornacchio and approved unanimously. CONTINUATION OF PUBLIC HEARING - REQUEST FOR DETERMINATION OF APPLICABILITY - MARBLEHEAD MUNICIPAL LIGHT DEPARTMENT - PROPOSED ELECTRIC TRANSMISSION LINE INSTALLATION REAR OF BROADWAY AND WEST OF CANAL STREET • Chairman Fred Harney returned to the meeting at this time. Rebecca Curran recused herself from discussion of this matter. Fred Harney recalled that the Commission held a site visit to the area and noted that there were two concerns that arose. He noted that one was that there appeared to be some cleaning and grading in the area. Steve Dibble explained that the City of Salem has an Order of Conditions to clean the area to relieve the upper South River. Mr. Joly noted that the existing utility pole is not owned my the Town of Marblehead, noting that they are installing underground and would not need it.. He stated that it used to feed part of the Sylvania property. Mr. Joly explained the erosion control measure that they intend to use for the project. There being no further questions or comments from the Commission a motion was made by Karen Fabiszewski to close the public hearing, seconded by Kevin Cornacchio and approved unanimously. Motion made by Mark George to issue-a Negative Determination with conditions, • seconded by Kevin Cornacchio and approved unanimously. • The Commission discussed special conditions for the project and issued the following special conditions as listed on the Commission's Special Conditions list: 1, 2, 3, 4, 5, 6, 7*, 12, 13, 15, 16, 17, 18, and 21. (' amended to fit the project;. Chairman Harney requested that Juli Reimenschneider should write a letter to Mass Electric requesting that the poles in that area should be removed for the construction of the bike path. REQUEST TO AMEND ORDER OF CONDITIONS #64-263 AND DISCUSSION OF ENFORCEMENT ORDER - 61 JEFFERSON AVENUE Rebecca Curran returned to the meeting at this time. Steve Dibble reported that he has met with Mr. Dube and he has requested that he be allowed to amend his Order of Conditions to comply with the Commissions requests regarding his cease and desist order that was issued. He noted that the applicant has addressed the concerns of the Commission. The Commission discussed the proposed amendments to the Order of Conditions. Mark George requested that Mr. Dube provide a plan showing the • detail of the amendments and get the approval of the City Engineer. He stated that he would like to see the line showing the proposed curb as well. Motion made by Kevin Cornacchio to lift the cease and desist order, seconded by Mark George and approved unanimously. M t Motion made by Mark George to amend the Order o, Conditions#64-263 as follows, seconded by Rebecca Curran and approved unanimously: 1 No oils, petroleum, chemicals shall be stored with a 30' setback. 2 Registered motorized vehicles and other motorized vehicles used frequently is permitted to be parked in the 30' setback. 3 Equipment must be maintained to prevent leakage or discharge and pollutants. 4 12" reveal concrete or granite curbing at the rear of the property is to be installed by June 30, 1998. • REQUEST FOR CERTIFICATTE OF COMPLIANCE - STEVE INGEMI 106 LEACH STREET#64-26' Steve Dibble stated that he had a letter requesting a Certificate of Compliance for Mr. Steve Ingemi, 106 Leach Street. He noted that the letter:vas from Dr. Hugh Mulligan but the letter had no stamp on it. Chairman Harney stated that they should table the matter until the next meeting, and notify the applicant to get the letter stamped. REQUEST FOR CERTIFICATTE OF COMPLIANCE - FREDERICK RYAN 79 ALMEDA STEET -#64-196 Steve Dibble noted that he has a letter and a plan that is stamped by the registered engineer. He also reviewed the history of the property. Steve Dibble noted that the issue of the drainage and the driveway still needs to be addressed by the Engineering Department. Mark George clarified that this new plan would be the plan of record. The Commission discussed the procedure for that filing. Motion made by Mark George to lift the cease and desist order and to amend the Order of Conditions issued, seconded by Kevin. Cornacchio, and approved • unanimously. REQUEST FOR CERTIFICATE OF COMPLIANCE - JOHN KEIL TY CHAMPLAIN ROAD. -#64-262 Steve Dibble stated that he has a letter from the Engineer but it has no stamp on it. He also noted that the letter was faxed and is not an original. Fred Harney noted that there are a couple of issues that he has with this project. He noted that Mr. Singleton has a number of projects in the city and the Commission has been more than cooperative with him on his projects. Mark George suggested that the Commission table the matter to the next meeting of the Commission. on January 22, 1998. • • REQUEST FOR CERTIFICATES OF COMPLIANCE VAN WATERS AND ROGERS, COLONAIL ROAD, SEVERAL ORDERS NOT YET CLOSED Steve Dibble explained that during the filing process of the latest project for Van Waters and Rogers, Atty. John Serafini Jr. discovered that there were several Orders of Conditions that never got Certificates of Compliance. He explained them as follows: #64-104 and #64-105 - Both had stamped letters in the file, but no Certificate of Compliance was ever issued. He stated that all conditions were met and those should be approved. Motion made by Mark George to issue Certificates of Compliance for Orders of Conditions#64-104 and *64-105, seconded by Rebecca Curran and approved unanimously. #64-173 - The file was closed and a Certificate of Compliance was issued. #64-149 - The file was closed and a Certificate of Compliance was issued. #64-179 - Steve Dibble stated that the file was unclear and further research needs to be done. The Commission tabled that matter. • OLD ! NEW BUSINESS 8a Steve Dibble informed the Commission that it is illegal for a municipality dump snow in the ocean unless a special permit is issued from the government. 8b Steve Dibble informed the Commission that the DEP has requested comments from the Commission regarding the installation of the sidewalks on Kernwood Avenue. Fred Harney requested that a letter of action be sent to the DPW with a copy to the DEP. 8c Steve Dibble informed the Commission, that he has received complaints or violations on the Station Road Extension project. He also noted that he has been in touch with Mrs. Tully and she has been having discussions with the developer regarding some trees that abut her property. Steve Dibble will contact Mr. DiBiase and request that he attend the next meeting. 8d Steve Dibble informed the Commission that a Storm Water Management Workshop will be held on January 13, 1998 in Woburn. He stated that he • is planning to attend. Mark George indicated that he may be able to attend as well. • 8e Steve Dibble noted that there was an invitation in the Commissioners Packet to Celebrate the Natural Resources Inventory of Salem Sound. 8f The discussion of local setback regulations and Rivers Protection Act was postponed to another meeting. i There being no further business to come before the Commission at this meeting, a motion was made by Kevin Cornacchio to adjourn the meeting, seconded by Mark George and approved unanimously. The meeting was adjourned at 9:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CCO10898 • • • SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY, JANUARY 22, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, January 22, 1998 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, Kevin Cornacchio, Jim Dillon, Karen Fabiszewski, and Mark George. Also present were Assistant Planner Steve Dibble and Eileen Sacco, Clerk. Public Hearing -Request for Determination of Applicability- City of Salem Planning Department Juli Reimenschneider of the Salem Planning Department addressed the Commission and presented a Request for a Determination of Applicability for the proposed construction of a bicycle trail along an abandoned railroad right-of-way from the west side of Canal Street and running parallel to the rear of Broadway. Ms. Reimenschneider explained that the City purchased the right-of-way from the Candlepin Bowling Lanes to Lafayette Street. • She noted that they are planning to take up the railroad ties and track and pave it with bituminous concrete. She stated that the proposed work will not be disruptive to the area, and they plan to re-seed any area that is disturbed. Karen Fabiszewski asked if the railroad ties would be hauled away on a daily basis or stockpiled on the site. Ms. Reimenschneider stated that they would be hauled away. Fred Harney noted that there are some electric poles on the site that belong to Mass Electric. He asked if Mass Electric plans to remove them. Ms. Reimenschneider stated that the city bought the right-of-way exclusive of the easement, and that when Marblehead is done with their work they probably won't use them anymore. She stated that we could ask them to remove them. Chairman Harney asked if there was any one present who wished to speak on the project. There was no response. There being no further questions or comments at this time a motion was made by Abby Bums to close the public hearing, seconded by Jim Dillon and approved unanimously. Motion made by Abby Bums to issue a Negative Determination with conditions, seconded by Mark George and approved unanimously. • Page 1 of 8 • The Commission discussed special conditions for the project. Mark George suggested that they incorporate the Orders of Conditions that were issued to Marblehead for their project and the order that was issued for the project at Loring Avenue and Lafayette Street. Karen Fabiszewski stated that she would like a condition that requires the removal of the railroad ties on a daily basis. Motion made by Mark George to issue special conditions for the project as discussed, seconded by Jim Dillon and approved unanimously. Public Hearing-Request for Determination of Applicability- 44 Crowdis Street - Steven Nvowen Fred Harney recalled that at the December meeting the Commission issued a Cease and Desist order on this project and the Commission visited the site. He noted that the observations of the Commission was that there was no wetland there. Steve Dibble stated that upon review of the file of the neighbor Robert Groszyk, a previous Commission found the area in question to be a wetland in 1990. He stated that the applicant is applying for a Determination of Applicability and has incorporated the Order of Conditions in their plan. Jim Dillon stated that he felt that the area in question is the result of bad drainage and since it is rock bottom, • Rebecca Curran asked how high the retaining wall would be. Mrs. Nygren stated that it would be three feet high. Fred Harney asked if there was anyone present who wished to comment on the project. There was no response. Motion made by Mark George to lift the cease and desist order for 44 Crowdis Street, seconded by Abby Bums and approved unanimously. Motion made by Mark George to issue a Negative Determination with the following conditions seconded by Jim Dillon and approved unanimously: 1 No additional trees shall be cut down beyond the pool. 2 A no cut no disturb zone shall be from the pool wall east beyond and extending to the rear lot line. 3 The plan shall be recorded at the Registry of Deeds and a copy shall be sent to the Planning Department. • Page 2 of 8 • Enforcement Order - DEP File 464-265 - Lot#9 - Station Road Extension Steve Dibble addressed the Commission an stated that he has received complaints from neighbors regarding the work on lot #9 at Station Road Extension and he issued a cease and desist order for the project. He also noted that the neighbors have requested that the developer be allowed to cut some trees that are in a no cut no disturb zone. Mark George stated that he visited the site and they modified the order to include only site work and not work on the construction of the dwellings. Mr. DiBiase explained that Building Inspector Leo Tremblay required a French drain on three lots and that was not on the plan that was approved. He noted that the direction of the water would be more focused. He showed the Commission a plan that he had Chuck Faia revise to show the new drainage and the existing topo. Fred Harney addressed the request for the cutting of the trees in the no cut no disturb zone. He asked how far the trees were from Miss Tully's property. Mr. DiBiase stated that they were 15 feet. Chairman Harney asked if there was anyone present who wished to comment on the matter. • Rosemary. Dunning of 88 Moffatt Road addressed the Commission and stated that she is concerned about the condition of the rock behind Miss Tully's property. Mrs. Foustoukis addressed the Commission and questioned how close the fence could be to her property on lot 48. Mr. Harney asked if the developer had made any modifications to the plans for lot #8. Mr. DiBiase stated that he has not and it is not built yet, and he has no modifications planned at this time. Dorothy Tully addressed the Commission and showed them a copy of the plans that she obtained. She explained her concerns to the Commission. Mr. DiBiase noted that the Commission approved the filling right up to her fence but he has not done that. Abby Burns suggested a site visit so that the Commission could see the proposed changes. Jim Dillon noted that the size of the wall is not a Conservation issue it is a Planning Board issue and they should address the matter. Fred Harney stated that the plan needs to be amended to show the changes that were ordered by the Building inspector. Page 3 of 8 • • Motion made by Mark George to lift the enforcement order, with the stipulation that they come back in the spring when the trees are blooming so that the condition of the trees can be assessed, seconded by Jim Dillon and approved unanimously. A resident of 35 Station Road addressed the Commission and stated that he is not happy that he now has more water than he used to and he feels that it is because of the project. He stated that he thinks the elevation is higher than it used to be. Mark George suggested that the City Engineer should take a look at that Mr. DiBiase stated that the proposed mitigation has not been done yet and that should help the problem. Fred Harney stated that he would like to see the results of the mitigation before taking action on that issue. Motion made by Mark George to lift the cease and desist order and the developer should provide the Planning Department with the deed restrictions as requested, remove the boulders, maintain the hay bales and restore the flags in the wetland area, seconded by Kevin Cornacchio, and approved unanimously. Public Hearing -Notice of Intent - 7 & 9 Everett Road - E B Patnaude and Cole Family Trust Phil Pelletier addressed the Commission on behalf of his clients. He explained that they • are proposing to replace the failed rubble bank with a retaining wall. He explained that they are the two remaining properties on the turn of the North River with no retaining wall and they have lost 10 feet to erosion. He noted that Patnaude is in worse shape than the Cole property. Mr. Pelletier explained the process to the Commission. Mark George suggested a site visit to the property. Mr. Pelletier suggested that the Commission access the property from the cove on Dearborn Street Extension. Mark George requested that Mr. Pelletier flag the area so the Commission can get an idea of the of the toe of the slope.. Mr. Pelletier stated that some trees would be removed but they are in bad shape. Motion made by Abby Burns to continue the Public Hearing to February 12, 1998, seconded by Mark George and approved unanimously. The Commission scheduled a site visit for Saturday, January 24, 1998 at 9:00 a.m. • Page 4 of 8 • Public Hearing-Notice of Intent - Vinnin Village L.L.C. - Steven Zeiff Jim Dillon recused himself from discussion of this matter. Atty. Joseph Correnti addressed the Commission and reviewed the history of the project. He noted that there are two resource areas on the site and they are not proposing any alterations to them. He explained that the two resource areas are the pond that exists in its natural state and a wetlands area that has been identified and flagged. Mark George asked if there were any orders of conditions regarding the pond that were issued for the other phases of the project. Atty. Correnti stated that the previous Order of Conditions that was issued addressed the plantings only. Mark George looked at the plan and suggested that they might think about pulling the parking area away from the wetland. He asked what kind of chemicals they use for ice. Mr. Zeiff stated that they try to limit the use of chemicals on all areas of the development. Mark George asked about the storm water waste management maintenance. Mr. Zeiff explained that they sweep the streets twice a year and clean the catch basins twice a year. He noted that the detention basin takes a long time to fill up and is maintained as needed. • Mark George asked how they handle snow storage. Mr. Zeiff said that snow will be hauled away as it is now from the site. Abby Burns suggested a site visit would be in order. Chairman Harney opened the hearing up for public comment at this time. Ed Butler of 50 Weatherly Drive addressed the Commission and stated that to his knowledge the pond has never been cleaned as it was supposed to be. Grace ? of 87 Freedom Hollow addressed the Commission and stated that she paid premium money for her unit because of the water view. She stated that she questions the integrity of the developer and said that she is relying on the Commission to make sure that the developer does what he should and clean up the pond. Mark Mahoney of the Swampscott Conservation Commission addressed the Commission and stated that he believes that table 3 in the plans and specifications which refers to the hydraulic connection would have some impact on the Town of Swampscott. Mr. Hangerman of VHB addressed the comments and stated that they would be decreasing the offsite rate flowing through the site to the wetland. He stated that there would be a slight increase in the volume but that would not be going off site. • Page 5 of 8 JerilynFalko who isalsoa member of the Swampscott Conservation Commission • P addressed the Commission and explained that in 1994 the Salem Conservation Commission issued an Order of Conditions that was appealed to DEP by the Swampscott Conservation Commission, and DEP issued a superseding Order of Conditions. She stated that it was determined atthattime that there is a stream on the property and suggested that the Rivers Protection Act may apply to this project. Atty. Correnti stated that they have included the USGA Topo map and it does not show a stream on the property. He stated that there is no defined channel. Paul Gress, a member of the Swampscott Conservation Commission addressed the Commission and stated that he felt that the Rivers Protection Act applies to this area. Robert Johnson of Weatherly Drive addressed the Commission and stated that if something is missing on the map he wished he had known that before the Weatherly Drive Condo Association spent $90,000.00 for a well that they have installed. Fred Harney stated that he did not recall that they came to the Commission for approval on that. Peggy Reilly of 3 Weatherly Drive addressed the Commission and stated that she has never seen the wetland dry even in summers that we have had a drought. • Motion made by Abby Burns to continue the Public Hearing to February 12, 1998, seconded by Mark George and approved unanimously. The Commission scheduled a site visit for Saturday, January 31, 1998 at 10:00 a.m. Continuation of Public Hearing-Notice of Intent - Burnham Associates - 70A North Street Jim Dillon returned to the meeting at this time. Fred Harney recused himself from discussion of this matter and Mark George assumed the chair. Mark George recalled that the Commission held a site visit to the property at 70A North Street. He also noted that there has been some information that has been received and asked Mr. Burnham to explain to the Commission. Mr. Burnham stated that when he was going through his files he found a letter that he sent to the Commission in response to the cease and desist order that was issued in October of 1996. The Commission reviewed the letter. Steve Dibble stated that the letter has been forwarded to Atty. Kevin Daly, but he is out of town and has not yet given an opinion to the Commission. 0 Page 6 of 8 • Mark George stated that he felt that this filing may be subject to the Rivers Protection Act, and questioned if the project might be grandfathered because of the appeal to DEP. He stated that he would like to find out if the Rivers Protection Act is applicable. Rebecca Curran stated that she was not sure that it would make a difference anyway, since all of the land is in the buffer zone, and they are requesting to rebuild a sea wall. Craig Burnham stated that this would be a different structure than what is there now. Abby Bums questioned Mr. Burnham on why he stores so much stuff on the property. Mr. Burnham stated that he stores the materials that he uses for his business. He stated that it would be in his best interest to remove most of that stuff so that he could better utilize the land. He noted that he would need to have a crane there, but would move some of the things that are stored there to property he owns in New Hampshire. Mark George stated that he would like to continue the Public Hearing. Mr. Burnham stated that he would like a decision now, noting that he does not want to keep this going. He stated that the Commission has three weeks to decide and they should talk it over with Kevin Daly and get back to him. Rebecca Curran stated that the Commission would have twenty-one days to issue a decision from the close of the public hearing. She also noted that the next meeting would • be past the twenty one days and the Commission could have a special meeting before that to discuss this issue. Motion made by Rebecca Curran to close the Public Hearing, seconded by Abby Bums and approved unanimously. The Commission will have a special meeting on Thursday, January 29, 1998 at 5:30 p.m. Request for Certificate of Compliance- 106 Leach Street - Steven Ingemi Steve Dibble stated that he has not received the information requested from the applicant and suggested that the Commission table this matter to a future meeting. Request for a Certificate of Compliance - Champlain Road - Atty. John Keilty Steve Dibble stated that he has not received the information requested from the applicant and suggested that the Commission table this matter to a future meeting. • Page 7 of 8 • Old /New Business a Enforcement Order—Franklin Street Steve Dibble stated that he went to the property on Franklin Street where the there was a proposal for some work to be done on the property for the storage of boats, and the Commission had issued a positive determination. He said that the applicant told him when he visited the site that he was going ahead anyway. Motion made by Abby Bums to issue a cease and desist order, seconded by Rebecca Curran and approved unanimously. b VolunteerBridge Steve Dibble requested that the Commission authorize additional work to the trails and the bridge which will take place on June 6, 1998. Motion made by Abby Bums to approve the additional work on the trails and the bridge scheduled for June 6, 1998, seconded by Mark George and approved unanimously. • Steve Dibble also reported that Dr. Vorges would like to become an Associate Member of the Commission. He noted that associate members do not vote but they can perform other duties at the request of the Commission. Fred Harney stated that he would like to discuss this further at another meeting. There being no further matters to come before the Commission at this meeting, a motion was made by Abby Burns to-adjourn the meeting, seconded by Kevin Comacchio,-and approved unanimously. The meeting wasadjournedat 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC012298 • Page 8 of 8 SALEM CONSERVATION COMMISSION MINUTES OF MEETING THURSDAY,JANUARY 29, 1998 A special meeting of the Salem Conservation Commission was held on Thursday, January 29, 1998, in the second floor conference room at One Salem Green at 5:30 p.m. The purpose of the meeting was to discuss the Notice of intent filed by Craig Burnham, as the public hearing on the applicationclosed on Thursday,January 22, 1998. Those present were: Chairman Fred Harney, Mark George, Jim Dillon, Abby Burns, Kevin Comacchio, and Rebecca-Curran. Also present wereAssistantPlanner Steven Dibble, and Eileen Sacco, Clerk. Karen Fabiszewski was absent. Chairman Fred Harney opened the meeting and recused himself from discussion of this matter. Mark George assumed the chair. Discussion of-issuance of Order of Conditions-for 70A North Street- Craig Burnham Mark George informed the Commission that he attended a meeting this afternoon and he is confident that an equitable solution-can be reached regarding the long standing contention between the applicant and the Commission. He stated that they have been asked to delay voting on the matter for two weeks-toallowthe City Solicitor to contact the applicant and his counsel and see if the matter can be cleared up. Jim Dillon asked for clarification onthe-procedure-for-this evenings meeting. Mark George stated that the Commission could draft an Order of Conditions this evening and it would be a draft order,noting that if in two weeks the Commission finds that it wishes to deny the application they may do so. He explained that they may find that based on the nonpayment of the fines. .Steve-Dibblenoted thatthenon payment of fines could not be the only reason that the application would be denied and the merits of the application have to be considered. Mark George asked if there were any questions regarding the site inspection that was held. Abby Burns stated that sheisconcemedabout-the-material that-is stored on the site. Jim Dillon stated that he felt that was a jurisdiction issue and the Commission may be going over the bounds of their concern. He noted that-the Conservation Commission should not be telling people what they can store on their property. Mark George stated that the act is clear about altering drainage-and he is unclear if this situation falls under-that or not, noting that the Commission needs to find that out. Mark George stated that he has some issues regarding drainage and revegetation whichcanbe-addressed at the-next-meeting. �� 1 • The Commission review the-map of the area and-the.surrounding properties. Rebecca Curran asked to review the decision that was issued for the National Park Service Sea Walt She stated-that-she-thought there-could-be some-conditions-inthat-decision that could apply here. The Commission reviewed the Special Conditions that were issued for Koscuisko Street. Mr. Burnham noted that he is familiarwiththat-order since he is doing some of the work on that project. Jim Dillon stated-that he.felt that the plan was.straight-forward. Abby Bums asked if the Mr. Burnham has any plans for re-vegetation on his site. Mark George noted that-there was_noindication_on the plan. Mr. Burnham explained the process that he would use to install the sea wall. The Commission discussed special conditions for the project. The following were suggested for the draft decision: 1, 2, 3, 4, 6*, 7*, 12, 13, 14, 15; 17; 18, 19; and 2-1. e 6 is to be amended to include the installation of a siltation barrier. • • Equipment must be maintained to prevent leakage or discharge of pollutants. • Overnight equipment must be stored no less than 25 feet from the waters edge. Abby Burns asked if the Commission would condition the removal of the material that is stockpiled on the site. Mr. Burnham stated that he felt that the Commission was flirting with a zoning issue. He stated that the crane and one pump that are stored there contain oil, the rest of the material is tires and steel items or plastic items. Steve Dibble suggested that we could use language similar to the language in the Order of Conditions that we issued for Jefferson Avenue, regarding registered motor vehicles or motorized vehicles. Jim Dillon stated that he feels that the Commission is going beyond the jurisdiction of the Conservation Commission, noting that we don't have jurisdiction beyond the scope of the act. Rebecca Curran-agreed noting that if we find out differently we could add it in two weeks. Mark George stated that the issue of the barge should be tabled for two weeks, as he would like to get more information on it. He noted that we are still waiting for a decision on the use of the river from Judge Bowen. • 2 • The Commission will vote on the matter in two weeks. Steve Dibble will prepare-a-draft Order of Conditions for that meeting. Mark George asked Mr. Burnham if he would address the matter of the floating dredge pipes that have shown up in various locations, the latest being on the MBTA property. Mr. Burnham stated that-he was not aware that they were in violation, and suggested-that he would have his workers move them. Mark George suggested that the Commission sign the enforcement order for the-MBTA and hold of on sending. if Mr. Burnham.moves them out of there, then the notice will not be sent. Steve Dibble will inspect the area on Monday and if they are still there, he will issue the order. 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 Kevin Cornacchio;and approved unanimously. The meeting was adjourned at 7:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk • CC012998 • 3 • SALEM CONSERVATION COMMISSION MINUTES OF MEETING TUESDAY, FEBRUARY 10, 1998 A Special Meeting of the Salem Conservation Commission was held on Tuesday, February 10, 1998 at 5:30 p.m. for the purpose of issuing a decision on the Notice of Intent for 70A North Street. Those present were: Chairman Fred Harney, Mark George, Kevin Cornacchio, Rebecca Curran, and Karen Fabiszewski. Abby Burns arrived at 5:55 p.m. Also present were Assistant Planner Steve Dibble, and Eileen Sacco, Clerk. Chairman Fred Harney called the meeting to order at 5:30 and recused himself from discussion of this matter. Mark George assumed the chair. The Commission reviewed the draft order of conditions with Attorney Kevin Daly. Mark George noted that the deed shows that the meets and bounds do not meet the plan submitted and it appear that the land is not owned by the applicant, Mr. Burnham. Mark George also noted that the Commission has been attempting to solve some past issues with Mr. Burnham such as unpaid fines and the lack of communication regarding an enforcement order issued by the Commission in October of 1996. He noted that there has • been no attempt by Mr. Burnham to correct these matters. Mark George also noted that an opinion was issued by the Division of Marine Fisheries on the matter. That opinion is attachment #1 of these minutes. Mr. George also noted that the harbormaster has informed him that the area is not deemed a designated mooring area, and Mr. Burnham has no permit to keep the barges there. He noted that it appears that Mr. Burnham's property is land locked and he must go over state and city owned land to get to it, and if we were to approve this plan, we would be approving land not owned by the applicant. There being no further discussion on the matter, a motion was made by Rebecca Curran to issue an Order of Conditions denying the project as specified in the Order of Conditions, which is attachment #2 of these minutes. • There being no further business to come before the Commission at this meeting, a motion was made by Kevin Cornacchio to adjourn the meeting, seconded by Rebecca Curran and approved unanimously. The meeting was adjourned at 6:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CCO21098 • Salem Conservation Commission • Minutes of Meeting Thursday, February 12, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, February 12, 1998 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, , Karen Fabiszewski, Rebecca Curran, and Jim Dillon. Also present was: Conservation Administrator Steve Dibble. Continuation of Public Hearing - Notice of Intent - E. B. Patenaude and Cole Family Trust- proposed construction to replace failed rubble bank with retaining wall - 7 & 9 Everett Road Phil Pelletier addressed the Commission and reported that a site visit was held on the property. Fred Harney asked if any of the members of the Commission had questions about the plan. There being no questions or comments a motion was made by Kevin Cornacchio to close the public hearing, seconded by Abby Burns and • approved unanimously. Motion made by Abby Burns to issue an Order of Conditions with special conditions for 7 & 9 Everett Road seconded by Jim Dillon and approved unanimously. The Commission discussed special conditions for the project. The special conditions are as follows: 1, 2, 3, 4, 6, 7*, 12*, 15, 16, 17, 18* and 21 (* as amended) 7* Any proposed headwalls with pipes shall be fitted with a protective barrier, approved by the Commission, sufficient to assure free flow of water. Such areas shall not exceed the existing quantity. 12* No fuel or chemicals shall be stored on the barge. Barge shall be equipped with an adequate spill kit and be accessible for aggressive containment. No running machinery shall be left unattended. Equipment servicing and overnight equipment storage must be conducted outside of the buffer zone. • • 12* Continued - 7 & 9 Everett Road Equipment must be maintained to prevent leakage or discharge of pollutants. Spud and barge use permitted only for a maximum of six (6) weeks and shall not be located on or over existing sewer line or associated manholes 18* The applicant shall be required to obtain the approval of the City Engineer, and obtain a Building Permit, and any other applicable permits prior to the start of any work. Motion made by Abby Burns to approve the Special Conditions for 7 & 9 Everett Road, seconded by Kevin Cornacchio and approved unanimously. Continuation of Public Hearing - Notice of Intent - Village at Vinnin Square L.L.0 - Steven Zieff - proposed construction of three residential buildings as part of the final phase of the Village at Vinnin Square at Loring Avenue Weatherly Drive , America Way and Carol Way Jim Dillon recused himself from discussion of this matter. Atty. Joseph Correnti addressed the Commission and recalled that the Commission• opened the public hearing on January 22, 1998. A site visit was hold ld on January 31, 1998. Chairman Harney asked if the Commission had any questions regarding the site visit. The Commission discussed the issue of the possibility of a river being on the property. The engineer for the project addressed the concerns of the Commission and the Commission reviewed the evidence regarding the river issue again. There being no further questions or comments regarding the project a motion was made by Abby Burns to close the public hearing, seconded by, Kevin Cornacchio and approved unanimously. Motion made by Karen Fabiszewski to issue an Order of Conditions with Special Conditions, seconded by Abby Burns and approved unanimously. The Commission discussed Special Conditions for the project. They are as follows: • • Preamble : The Commission, pursuant to the Rivers Protection Act, as a result of a review of the most recent USGS Map (1985), a site visit, and all information presented including the Superseding Determination of Applicability filed on 8/3/93, and failing evidentiary contradicting support, has determined that the Rivers Protection Act does not apply to this wetland resource. Standard Special Conditions are as follows: 1, 2, 3, 4, 5, 6, 7, 8*, 9*, 10*,11*, 12, 13, 15, 16*, 17, 18, 19, and 21. (* as amended) 8* Granite or concrete curbing shall be install around the parking area perimeter to contain and direct the flow of water to catch basins. 9* The Stormwater Management System Operation and Maintenance Plan shall be submitted to and approved by the City of Salem Engineer with any changes noted and submitted back to the Commission within 21 days of the effective date. 10* All catch basins shall have deep sumps and pipes shall be fitted with oil and gas traps. The entire drainage system, including street • sweepings, catch basin clean outs, manholes, and maintenance of swales, sediments forebays, detention areas, shall be required the attached approved Stormwater Management System Operation and Maintenance Plan as amended and be recorded as one with this order. If, as, and when the City of Salem should accept Carol Way, Weatherly Drive, or America Way as a public street, the maintenance of the stormwater management system, as incorporated herein, excluding the storm drains, catch basins, and manholes located within the street layout, shall remain with the developer, its successors or assigns. I1* A letter confirming the implementation of the cleaning and maintenance schedule shall be filed with the Commission biannually on June 15 and December 15. 16* The No Cut/No Disturb Zone as shown on the plans (pre-construction) shall be extended eighty five feet (85') southerly and be enlarged to include the entire wetland resource area. The No Cut/No Disturb Zone as shown on the plans and as expanded above shall be further expanded after construction is completed (post construction) from the top of the haybale line upgradient easterly to the 70' topography line. • The final No Cut /No Disturb Zone (wetland resource area, expanded • 16* continued pre-construction, and post-construction zones) shall be combined as one and mathmatized on a modified plan C-6 for grading, drainage and erosion. No work shall be performed until copies of the modified plans are submitted to the Salem Conservation Commission. As built drawings shall show the enlarged, pre-and post-construction zones as one mathematized No Cut /No Disturb Zone. Deed restrictions shall be placed on the individual deeds to reference and identify the final No Cut/No Disturb Zone. Individual deeds shall also include these Special Conditions. Copies of proposed deeds are to be submitted to and approved by the Salem Conservation Commission prior to the issuance of any Certificates of Occupancy permits. *These are ongoing conditions that do not expire upon completion of the project or issuance of a Certificate of Compliance. Motion made by Abby Burns to approve the Special Conditions for the project, • seconded by Kevin Cornacchio and approved unanimously. Jim Dillon returned to the meeting at this time. Annroval of Minutes The Commission tabled the approval of the minutes to the next meeting of the Commission. Old /New Business Certificate of Compliance - 106-108 Leach Street Steve Dibble informed the Commission that he has received a request for a Certificate of Compliance for 106-108 Leach Street. The applicant has submitted the required stamped letter from a registered engineer and approval is in order. Motion made by Mark George to approve the Certificate of Compliance for 106.108 Leach Street, seconded by Abby Burns and approved unanimously. • There being no further business to come before the Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Kevin Cornacchio and approved unanimously. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eile,n M. Sacco, Clerk Salem Conservation Commission CCO21298 • • f Salem Conservation-Commission • Minutes of Meeting February-26,1998 A regular meeting of the Salem Conservation Commission was held on Thursday, February 26, 1997 at 7:30 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Fred Harney, Mark George, Abby Burns, Kevin Cornacchio, Karen Fabiszewski, and Rebecca Curran. Also present were Steve Dibble, Assistant Planner, and Eileen Sacco, Clerk. Notice of Intent— Issuance of Order of Conditions —Vinnin Square L.L.C.— Steven L C.—Steven Zeiff Steve Dibble noted that the Public Hearing on this matter has been closed and a draft Order of Conditions has been prepared. Chairman Harney asked if the Commission members had any questions or concerns about the project. Mark George noted that he was concerned about the location of the sumps. Steve dibble clarified that the sumps were not a problem, but the location of the forbays could be a problem. Mr.-Zeiff located them on the plan. Mark George stated that he felt that it could be a problem getting equipment in there to clean • out the traps. Mr. Zeiff stated that on previous developments with plateaus of this nature, they have put it in the maintenance plan to clean them manually with a drum or a wheelbarrow and the would accept that as a condition. He stated that they intend to do the maintenance semi annually or more often if the Commission wishes. Abby Burns stated that she was concerned about who would keep track of the maintenance plan and who would police it. Mark George suggested that the Storm Water management plan could be attached to the Order of Conditions. Rebecca Curran suggested that the Storm Water Management Plan should be submitted to the City Engineer for his review and approval, and any changes made as the result of that review should be implemented and the Conservation Commission notified. Fred Harney suggested that he would like to see the maintenance done twice a year in November and at the end of the snow season, noting that if we say March and get a storm in April as we did last year, that would be a problem. • r Abby Burns expressed her-concern for the no cut no disturb zone, and the • location of the building to the wetlands. She noted that at one point there is only 8 feet, when the Commission has been requesting 25 feet at a minimum. Mr. Zeiff explained that the area near the building in question is visitor parking, noting that they have planned for two levels of parking and to entrances to accommodate the footprint of the building. After considerable discussion on the matter it was decided that the-no cut no disturb zone shall remain as shown on the plan. In addition, a no disturb zone shall be created post construction, on the hay bale line to contour 70 which will expand the no cut zone. Mark George requested that language be included in the master deed for the property that will reference the Order of Conditions. After some discussion, Atty. Correnti agreed to this request. The commission reviewed the draft Order of Conditions. They amended condition 19 to include the.language about the post construction creation of the addition no-cut zone. Motion made by Rebecca Curran to approve the Order of Conditions, seconded by Mark George and approved 5—1 with Abby Burns opposed. • OLD/NEW BUSINESS Discussion of Proposed School Construction at Gallows Hill Steve Dibble stated that at the request of the neighbors of Gallows Hill he placed them on the agenda to discuss the proposed school on that site. Liz Griffin on Looney Avenue was-present at the meeting, representing the Gallows Hill residents. Mrs. Griffin stated that contrary to the report in the Salem Evening News this week, the plans for a school have not been dropped, but rather they have been put on hold for a year. She showed the Commission a proposed plan of the layout of the property and noted that there is an area, which might be a vernal pool. Mrs. Griffin requested that the Commission visit the site in an official capacity and get an understanding of what the neighbors feel. Mark George stated that the Commission does not have a plan before them regarding this site, so he felt it would be inappropriate to conduct an official site visit. He stated that members could go on their oven if they wished to get involved. • • Mrs. Griffin thanked theLommission for their time-and stated that if they choose to visit the site she would be happy to give them a tour. Abby Burns stated that-they are going-to check out the vernal pool on Wednesday, March 4, at 1:00 p.m. She explained that Jeanie Wenchell of the Peabody Essex Museum has agreed to look at it. She invited the Commission to attend if they would like. Weatherly Drive Wells Mark George asked for an update on the status of the wells that were installed on Weatherly Drive, without the knowledge of the Commission. Steve Dibble stated that they have not responded. The Commission decided to issue an enforcement order. Northshore Conservation Commission Network Workshop Steve Dibble reminded the Commission of the Workshop on March 5, 1998 from 9:00 a.m. to Noon, at Danvers Town Hall. He encourage members to attend the workshop. Burnham Associates • Steve Dibble reported that he has received a copy of a letter that was sent to DEP appealing the decision of the Commission. Approval of Minutes Motion made by Mark George to approve the minutes of the Conservation Commission meetings as presented, seconded by Kevin Cornacchio and approved. Election of Chairman Fred Harney noted that this will be his last meeting. He suggested that the Commission should elect a new Chairman this evening. Abby Burns placed the name of Mark George in nomination. The nomination was seconded by Rebecca Curran. The motion was-approved unanimously. Mark George thanked the Commission for their support and extended his thanks to Fred Harney for his many years of service to the Commission and the City of Salem. Mr. Harney served on the Commission for 12 years. Abby Burns • agreed, noting that he would be sorely missed. Forest River Tidal Cates Steve Dibble noted that the Commission has to do the 1998 schedule for the tidal gates at-F-orest-River.-Husked-thermion-tothink_aboutkhowAhey would like to handle it and get back to him. There being no.furtherlausiness to-come-before the Commission-at-this-meeting, a motion was made by Rebecca Curran to adjourn the meeting, seconded by Kevin Cornacchio . The meeting was adjourned at 9:00 p.m. Respectfully-submitted by: Eileen M. Sacco, Clerk CCO22698 • • Salem Conservation Commission Minutes of Meeting Thursday, March 26, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, March 26, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Abby Burns, Kevin Comacchio, and Karen Febiszewski: Also present were Steven Dibble Assistant Planner, and Eileen Sacco, Clerk. PUBLIC HEARING-NOTICE OF INTENT - VICTORIA STATION- PICKERING WHARF Bill Kelly addressed the Commission on behalf of his client Victoria Station. He explained that they propose to upgrade the existing wood deck with a concrete deck. He also stated that they plan to replace the existing signage and put up a seasonal awning. Mr. Kelly explained that they would put plywood and mesh down before they pour the concrete to keep in from getting into the resource area. Abby Burns asked what their time frame was. Mr. Kelly stated that they hope to have it completed before summer. He also noted that they are doing extensive renovations to the • interior of Victoria Station as well. Kevin Comacchio asked if they would be keeping the same footprint for the deck. Mr. Kelly stated that they would be using the same footprint. Steve Dibble suggested that they should be required to wash the concrete trucks away from the resource area. He also noted that the overnight storage of vehicles should be out of the resource area as well. Chairman Mark George opened the hearing up to public comment at this time. There was no one present who wished to speak on the project. There being no further questions or comments on the project at this time, a motion was made by Abby Bums to close the public hearing, seconded by Karen Febiszewski and approved unanimously. The Commission reviewed special conditions for the project. The following conditions were suggested: 1, 2, 3, 4, 7, 12 as amended, 13, 15, and 21. Number 12 was amended to read that the cleaning of equipment shall be done offsite. Motion made by Abby Burns to approve the Order of Conditions for Victoria Station, seconded by Kevin Comacchio and approved unanimously. • • CONTINUATION OF PUBLIC HEARING-NOTICE OF INTENT - KERNWOOD COUNTRY CLUB Mark George recalled that the Commission opened the public hearing at the last meeting and held a site visit. He asked members if they had any comments or questions regarding the repairs to the gabians and the embankment on the 16`"fairway of the golf course. Dean Robertson, representing Kernwood country Club addressed the questions of the Commission. He stated that stone that is presently there will be used for the project, and a silt fence will be installed along the embankment when the excavate to keep it out of the resource area. Kevin Cornacchio asked how big the machines would be that they would use for the project. Mr. Robertson stated that it depends on the contractor and the equipment that they have. There being no further questions or comments a motion was made by Abby Burns to close the public hearing, seconded by Kevin Comacchio and approved unanimously. The Commission discussed special conditions for the project. The following conditions were suggested: 1, 2, 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 18, and 21. It was also recommended that a condition be placed that no bituminous or other paving shall be used • during the project. Motion made by Abby Burns to approve the Order of Conditions for Kernwood Country Club, seconded by Kevin Comacchio and approved unanimously. ENFORCEMENT ORDER- ANTHONY JERMYN- 50 RAVENNA AVENUE Mark George recalled that the Commission issued a Negative Determination of Applicability for this property and since then issued a cease and desist order when it was discovered that the fill was encroaching the wetlands. He explained that the stop work order is still in effect and the Commission needs to vote to proceed. Mr. Jermyn addressed the Commission and stated that he is willing to do whatever it takes to correct the problem. He stated that the encroachment of the wetland was not done intentionally. He stated that he proposes to stabilize the slope and hydro seed it. Mark George suggested that the Commission leave the enforcement order in place and have Mr. Jermyn file a Notice of Intent. Steve Dibble suggested that the Commission set a time table for the completion of the work. • Mr Jermynstated that he did not want to file a Notice of intent n n h h and noted that e was under the impression that he was invited here to use the resources of the Board and work out a solution. He stated that the problem was created by uncontrollable circumstances caused by the weather. Mark George questioned how many truckloads of fill they brought to the site, noting that too much fill breached the site and impacted the wetland. Mr. Jermyn again stated that he wanted to install haybales and a silt fence and hydro seed the slope to stabilize it. Abby Burns suggested that the Commission allow him to do that and check on it in mid summer. Mark George stated that he was not comfortable doing that since the Commission issued a Determination of Applicability and it is not enforceable. He also noted that the applicant needs to get an engineer and have the project designed. Mr. Jermyn stated that he couldn't afford to do that. Mark George informed him that he had no choice but to file a Notice of Intent. He explained that the Commission has procedures to follow and the work that has been done there is impacting the resource area. Steve Dibble stated that he felt that the application could be considered in one meeting since the Commission is familiar with the site. Motion made by Abby Burns to lift the previous enforcement order, seconded by Kevin Cornacchio and approved unanimously. Motion made by Abby Burns to issue a new enforcement order, seconded by Kevin Cornacchio and approved unanimously. • DISCUSSION- GTE/SYLVANIAAND'SALEM STATE COLLEGE Mark George informed the Commission that the City Council has requested, by way of a Council Order, that the Commission revisit the Order of Conditions issued for the GTE/Sylvania site concerning the restoration and revegetation of the site. He noted that they have invited Mrs. Christine Caron who is a neighbor and was an active participant in the planning of the project. The Commission discussed the site and Mrs. Caron recalled certain events during the construction that she felt were not done properly. Mark George stated that there is a bond that was placed on the project to insure the proper completion of the project and he thought that the time limit to capture the bond would be July 1998. He suggested that the Commission should hire a consultant to re)hew the project and the conditions and see if it is in compliance. Steve Dibble suggested inviting the City Engineer to the next meeting to discuss the matter. Mark George scheduled a site visit for Saturday, March 4, 1998 at 9:00 a.m. • • DISCUSSION OF UPPER SOUTH RIVER AREA- JEFFERSON AVENUE AND LAWRENCE STREET Mark George stated that he was approached by the neighbors to see if the Commission could assist with the effort to clean up the area and stop the flooding problem at Castle Hill. He read a letter into the record from Ward Three Councillor Joan Lovely supporting the clean up of the area. The Commission discussed the problems of the area and decided to send a letter to City Engineer Stanley Bornstein requesting that he look into the matter. EXTENSION PERMIT REQUEST -DEP FILE #64-239 OSGOOD PARK NEIGHBORHOOD ASSOCIATION- 15 HEMENWAY ROAD Steve Dibble reported that he received a request for the extension of the Order of Conditions issued for the Osgood Park Neighborhood Association. He stated that Mr. Pelletier indicated that they need 6 months to complete the project. Kevin Comacchio suggested that the Commission extend the Order for a year. Motion made by Karen Fabiszewski to extend Order of Conditions# 64-239 to May 11, 1999, seconded by Kevin Comacchio and approved unanimously. • 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 Karen Fabiszewski and approved unanimously. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC032698 • Salem Conservation Commission • Minutes of Meeting Thursday, April 9, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, April 9; 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Abby Burns, Kevin Cornacchio, Rebecca Curran, Karen Fabiszewski, Paul©rr, and Debbie Hurlburt (7:20). Also present were Steven Dibble Assistant Planner, and Eileen Sacco, Clerk. Public Hearing- Request for Determination of Applicability - 205 Highland Avenue - Vincent Potato Chip Company James DeCoulas addressed the Commission.on behalf of.Vincent Potato Chip Company and explained their plans to remove two 10,000 gallon underground storage tanks within the buffer zone at 205 Highland Avenue. Mark George questioned if there was potential leaks and mitigation from the tanks. Mr. DeCoulas.stated that the tanks have been tightness tested and they meet the tightness regulations. • Abby Burns questioned if the Fire-Department has checked the tanks. Mr..DeCoulas stated that the Fire Department would check them when they are drained and give approval.to remove them_ He noted that onetankhas been filled with concrete since July of 1986 and a certificate is on file with DEP and the Fire Department. Paul Orr questioned what the expected duration-of the removal of the tanks and-the back fill would be. Mr. DeCoulas stated that they expect the project to take two days. Mark George asked.the Commission if they had any concerns about the soil and where it would be stockpiled if needed. Mr. DeCoulas stated that they do not plan to stock pile for any length of time,.unless they find-contamination. He,explained that.they would be removing 3 - 4 yards of soil to remove the tanks and noted the proposed location for the stockpiling.during the.removal_of the tanks._ He noted thattheywould be-field testing_ the soil and would be using standard procedures which include some new procedures as required. Mark George questioned how long the lab testing would take should the,soil be contaminated. Mr. DeCoulas stated that the window for lab testing is two weeks. Abby Burns asked if the tanks would-be stored on.the-property overnight_when-they are removed. Mr. DeCoulas stated that it is their intention to remove the tanks and take them awayin one day. Pace Lo£7 • • Mark George asked to have the topo for the rear of the property explained. Mr. DeCoulas stated that.there is,a mild slope(2%-) where they propose to stockpile the material. He explained that it is a paved surface and there is a substantial amount of room there. Paul Orr questioned if they plan to install.hay bales_and polyethylene to prevent storm water runoff. Mr. DeCoulas stated that if they need to stockpile for any amount of time they plan to use.hay bales and a_siltfence, and cover it-with-polyethylene. Mark George stated that he was concerned about the up gradient flow. Mr. DeCoulas statedthat.the flaw runs away from the.building.andthe left rear portion ofthe_property is where the sheet flow is concentrated. Mark George questioned if there were catch basins on the property. Paut Orr stated-that the catch basins would be a-concern if they have to stockpile. Mr. DeCoulas.suggested that if they need to stockpile they would put polyethylene down under the pile and install hay bales with a liner to alleviate concerns. He also stated that if he has to stockpile he will require a one weekturn around time for.the testing_o£the soil from the lab. Kevin Cornacchio questioned if thesupply lines from thetanksto the building would be removed. Mr. DeCoulas stated that they plan to remove them as best they can, noting that they want to minimize the disturbance to the area as much as possible. Mark George opened the hearing up to public comment at this time. There being no further questions or comments,at this time,a.motion was_made by Abby Burns to issue a Negative Determination with conditions, seconded by Rebecca Curran and approved-unanimously. The following conditions were approved: 1 Catch basins shall-be covered in the evert that stockpiling is necessary. 2 Polyethylene shall be placed beneath the stockpile and around the hay bales in the event that stockpiling is necessary. 3 The Conservation Commission shall be notified should stockpiling be necessary. l Discussion of Peabody Golf Course Mr. DeCoulas._addressed the Commission and reported that he is representing the City of Peabody on the construction of their 18 hole golf course which is to located off Marlborough Road. He explained where.they are in the process.and_stated that scoping session will be held next Tuesday at Peabody City Hall. Mr. DeCoulas also stated that the public comment period for the project ends onApril_14,.1998. He also explained that they • Page 2 of 7 • have a $500,000.00 grant for the project and they are under a deadline for the funding, He also noted that the EIR needs to be filed_ He also stated that they would be filing,a full Notice of Intent with the Salem Conservation Commission. Mark-George expressed concern thatthe Commission was not notified of this sooner and the public comment period expires in a few days. Mr. DeCoulas stated that he could request.that_the comment_period-be extended-to give the Commission more.time to comment. Abby Burns stated that she would like the comment period extended. There being no further,discussion on the matter,a motion was made by Abby Burns to direct Steve Dibble to send a letter requesting that the Public Comment period be extended,.seconded by Paul Orr.and_approved unanimously. Public Hearing- Request for Determination of Applicability- Proposed Renlacementof Udal-Gates and.Adiustmentof Fxisting Rip.Rap at New England Power Company- 24 Fort Avenue Mike Collins_addressed the Commissi on.and stated that the city is-proposing-to replace the tidal gates at New England Power. He explained that there are several streets off Webb street that are directed to this location and the flaw is obstructed. He also noted that at high tide low lying sections of Forrester Street flood and this should alleviate the flooding problems. He also noted that N E Petroleum.is_supportive of the,project. Mike Collins explained the process that they will use to replace the gates. He estimated thatit should take abouta day to complete. Debbie Hurlburt asked to see the site plan for the area. Mike Collins explained the location o£the_pier and the site-on-the_assessors map. Mark George asked if there was anyone present who wished to comment on the matter. There was.no response. There being no further questions or discussion on the matter a motion was made by Abby Burns to issue a negative determination, seconded by Rebecca Curran and approved unanimously, • Page,3_of 7 • Public Hearing- Reguest for Determination.of Applicability - City of Salem - Proposed Replacement of Tidal Gates at 315 Derby Street - South River Mike Collins addressed the.Commission and explained.the.plans.to.replace the tidal_gates at the South River. He stated that the same process would be used at discussed in the previous.application. He explained that the location is in the area behind the_Sumner Paint Building. He explained that the tidal gates keep the ocean from backing up into the south river and.have lived beyond their-expectancy..He-explained,that.if the gates are_left,open, there is flooding on Canal Street in front ofMcDonalds. Karen.Fabiszewski questioned how long the-project would take- Mike Collins stated that they would need a couple of months lead time to get the gates and they are custom made and_it_shouldtake,about a-day to_complete. Steve Dibble recommended that they�d te N hNew England Power gates first, and that they should not plan-to,do the work in a_rain event. Mark George asked if there was anyone present who wished to speak on the project. David Flynn-addressed_the-Commission and-stated-that hethought that_the City was doing a great thing by doing this project. • There being no-further questions or comments at this time, a motion was.made by Abby Burns to issue a Negative Determination with conditions, seconded by Karen Fabiszewski, and approved unanimously. The following conditions were approved: 1 The tidal gates at New England Power Company shall be completed first. 2 Work shall not be scheduled in and around extreme high tides. 3 No work shaltbe_performed in_a-rain,event. 4 The gates shall be replaced one at a time. Motion.made.by Abby Burns.to approve.the.special-conditions,-seconded by Paul Orr and approved unanimously. 127 Marlborough Road-Lot 3 Notice of intent John Dick addressed the Commission on behalf of his client Mr. Grenier the owner of the property. He.reviewed the-history of the site witlh the Commission He noted a previous subdivision plan that was approved by the Commission which Mr. Grenier has no intention ofb.dil�_ He-stated-that his-clieniis planning to build a.7 lot cluster subdivision and will be filing that with the Planning Board. Page 4_of 7 • Mr. Dick explained the inner and outer riparian zones on the property. He noted that part of the parcel.has a_droughtcondition through Novemher_ Mr Dick-stated that-there is no difference between lots three and four so they can get approvals and a certificate of compliance individually_ Ha also noted that they are accepting.the,lot-modification by DEP. Mark George opened the-hearingup-to public comment.at this time. Mrs. Broughton of Home Street addressed the Commission and stated that there was a lake-in-that-land at one time_ She also.noted that she gets_water_in.her yard from the brook. Rebecca Curran suggested that the Commission should.look atthesite now while there is no drought condition out there. Debbie Hurlburtquestioned-whether storm water_regulations would_apply_ Mr,Dick stated that it does not apply to single house lots, noting that there will be no construction of aroad,-and will.be.deeded_as.indi_vidualhouse lots. Paul Orr stated that he would like to see the history of the project. He agreed that a site visit would be in order. • Motion made-by Abby Burns to continue-the-public-bearing-to-April 23, 1998,.seconded by Karen Fabiszewski and approved unanimously. Mark-George requested that Mr. Rick highlight the B V W and.the-buffer-zone for the river and the wetland. The Commission scheduled-a_sitevisit for April-21, 1998.at6_00P.m. Public Hearing - Notice of intent - 127 Marlborough Road - Lot 4 Motion made by Rebecca Curran.to.continuethe-public-hearing to.April23r1998, seconded by Karen Fabiszewski and approved unanimously. Discussion of Order of Conditions- GTH Sylvania Property Steve Dibble noted that the Commission held a site visit to the GTE site last Saturday and a meeting was.held.with.the_City.Planner and Salem.State College-which he also attended. Steve Dibble reported that the performance bond that was posted for the project is now worth about$120,000.00. Steve.Dibble reviewed the concerns-that-were raised at-the_sitevisit_ He-noted-that-Ward • Seven Councillor Mark Blair wants all issues and concerns looked into. Page.5 of 7 • Mark George suggested that he would like to get a report from GZA before the next meeting to.determine_what_was.done_on-the site. A motion was made by Rebecca Curran to request that GZA issue a report on the Order of Conditionssecondedby Karren Fabiszewski and approved_unanimously. Approval of the Minutes Mark George.suggested-that-the-Commission-postpone-the approval ofthe_minutes until the nest meeting. Old/New Business 50 Ravenna Avenue Steve-Dibble reported that the applicant did not make the-deadline-for-the need_meeting and he has stated that he will file for the first meeting in May. Boston Gas tj Steve-Dibble_stated that-hehas-been notified_ofwork or aseawall,that-is-injeopaidy. He stated that it is not in danger of harming utilities and is,/exempt from local approval. He • wilt go out-and-look at-it to-the Commission. Village at Vinnin Square f�wf 0 Steve Dibblereported_that the_Village at Vinnin Square is.still.appealing-the enforcement order and twill be present at the next meeting. Letter Regazdine-Vernal Pool Steve Dihble reported thathe is inseceipto£a letter-from aLynn resident.regarding a vernal pool on Marlborough Road. Discussion_of Violations-atAnimat Shelter- 204.Highland Avenue Mark George reported that they received a complaint about violations of drainage at the animal shelter_on-Highland Avenue._After a diacussion_on-the-issue the Commission decided to issue an enforcement order to the owner, indicating temporary measures that should-be taken. Motion made by Abby Bumsta issue an enforcement order for 204 Highland Avenue, seconded by Rebecca Curran and approved unanimously. • Page-6 of 7 There being no further business to come before the Conservation Commission at this meeting amotion_was made-by-Abby Burns_taadjourn_the meeting,_seconded.by Karen Fabiszewski and approved unanimously. T_he_meeting.was adjourned at LO-QO p.m. Respectfully submitted by: Eileen 1t. Sacco; Clerk CC040995 • Page_7 of 7 • Salem Conservation Commission Minutes of Meeting Thursday,-May 14, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, May 14, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Abby Burns, Rebecca Curran, Debbie Hurlburt,Paul D=. -Also-present-were Steven Dibble Assistant Planner, and Eileen Sacco, Clerk. Discussion and Progress Update from Salem Sound 2000 A representative of Salem Sound 2000 addressed the Commission and reported Qn.the- progress that Salem Round .00 ba accomplished. He reported that long term monitoring has been done and showed the Commission a preview of the Salem Sound fecal chloroform monitoring results. Heaxplained the res„lta and-locations on amp and-noted that the results of the testing need to be referenced with the data that they have collected. • The results of the testing showed that the in July of last year 70,000 gallons of sewerage were going into the North River per day. He attributed that to a sewer pipe that was blocked with sand and the problem has since been corrected. Steve Dibble reported that on May 21, there would be a walk through Salem Woods with Saltonctall Science Tearhpr.C bA Raab. $e invited-anyone who wished to participate to meet at the entrance to the trail. Request for Determination of Applicability - Salem Willows Park - City of Salem - Repair_and-Patrl RxistineSeawall Steve Dibble reported that City Engineer Stan Bornstein cannot be present this evenpi�g. -He explained th _torprandpatch the seawall at Salem Willows. IAll of the work is proposed to be done by hand. They propose to patch th in-the_w-alland there would a nnp�ct on the-rCS urce area. S vet eDibble stated that he has no issues with the project. He stated that he w�Landition_that vehicles Sho„1d h �n the landside-of�ead Horse Be ch. • Page 1 ofd • Mark George stated that he felt that the plans that were submitted to the Commission could have been better. Mark George asked if there was anyone present who wished to comment on the project. There was no response. Motion mp -byAbbyBurns-torinse the pubheham _seconded by-Paul Orr and approved unanimously. Motion mA&byAbbyBurnsxo isaue a Negative Determination with conditions, seconded by Rebecca Curran and approved uanimously. The Commission discussed special conditions for the project. The following conditions were—suggested: 1 The work shall only be done at low tide. 2 No machinery shall.be used for the project. All work shallbedone by hand as stated in the plan. 3 The-4te shall b maintainers rleaned-evprrnight dining construction. 4 There shall be no washing of equipment on the site. 5 All work shall be done on the land side of Dead Horse Beach. • Motion made by Abby Burns to approve the special conditions for the project, seconded by Rebecca Curran and approved unanimously. Public Hearing - Notice of Intent - Webb's Wharf-Blaney Street - City of Salem - Site work and facilities for.Public Ferry Service David Viae-of-Nucci Vine 13ehal#�# the City of Salem. Henotedthat they are handling the construction matters regarding the site preparation for the Demo Ferry Service that-is scheduled to take pace in Salem this summer_ rom.July 1 - October 31. He reported that there would be no dredging or-tidal drilling for the project. They propose to construct a-temporary float.for the docking of the ferry. Mark Georgeaskedwhat they planned to do with the temporary float at the end of October. Mr. Vine stated that they would be removing the float, and if the program is successful and-is made a permanent program, they would come back to the Commission with plans to build a permanent structure at that time. • Page 2 of 8 Mark George asked if there was anyone present who wished to speak on the . project. Delores Jordan of 97 Derby Street addressed the Commission and stated that she has issues regarding traffic and parking. Mark George stated that while the Commission is sympathetic to her concerns, they have no jurisdiction over those matters. There being no further questions or comments on the matter a motion was made by Abby Burns to close the public hearing, seconded by Debbie Hurlburt and approved unanimously. Discussion: Debbie Hurlburt stated that she would like to see the streets cleaned daily since this is going to be a gravel site. Mark George stated that he would like to have a condition that no equipment be left unattended. He also suggested that a date for the removal of the temporary float be determined. Rebecca Curran stated that they should submit a final plan with the • amendments to show the grade of the apron and to show the pitch of the parking areas. The area should be maintained for trash clean up. The Commission discussed special conditions for the project. The followign conditions were selected: 1, 2, 4, 12, 13, 14, 15. Motion made by Rebecca Curran to approve the special conditions for the project, seconded by Debbie Hurlburt and approved unanimously. Continuation of Public Hearing - Notice of Intent - North Shore Ambulance Company, 63 Jefferson Avenue (lot 4) - proposed construction of Ambulance Facility, parking area, storm water management facilities and grading_ Atty. Joseph Correnti addressed the Commission on behalf of his client North Shore Ambulance Company. He stated that since the last meeting they have amended the plan to address the concerns of the Commission. He noted that adjustments have been made to the swale at the rear of the property to incorporate the suggestions of the Commission. • Page 3 of 8 r • Chris Mello explained the changes that were made to the plan. He stated that the volume of the vegetation swale has been increased by 530 cubic feet by deepening the swale by one foot. He also showed the detail showing the stone rip rap on the sides of the swale and the existing bank have been added tot he plan Debbie Hurlburt question the roof drains. Mr. Mello stated that they did consider having an infiltration system at the base of the roof, but there is no permeable material to accept it. Ms. Hurlburt stated that she would like to see the volume of the sheet flow reduced. Atty. Correnti stated that there would be no increase in the volume of runoff from the construction and that the water quality will be enhanced with the drainage measures that they have in the plan. Mark George stated that he was concerned about the parking spaces and the location in terms of the resource area. Paul Orr agreed and suggested that the two spaces closest to the swale could be relocated to the side of the building. Mark George asked to have the snow removal and snow storage plan • explained. Atty. Correnti stated that they contracted to have the snow removed. Abby Burns stated that she agreed that the parking spaces should be relocated. Atty. Correnti stated that what they are proposing meets DEP regulations. Steve Dibble requested that the change the location of the trash dumpster to the other side of the building away from the resource area. Atty. Correnti stated that they could change that. Mark George opened the hearing up to public comment at this time. There was no response. Paul Orr asked if they would be maintaining vehicles on the site. Atty. Correnti stated that they would be doing light maintenance on them such as washing and cleaning, but repairs would be done off site. He also noted that the garage will have proper drainage devices installed. There being no further questions regarding the project a motion was made by Abby Burns to close the public hearing, seconded by Paul Orr and approved • unanimously. Page 4 of 8 • The Commission discussed special conditions for the project. The following conditions were suggested: 1, 2, 3, 4, 5, 6, 7, 8*, 10, 12, 13, 14, 16, 18, 19, and 21. The following conditions were also suggested: 1 The applicant will submit a new plan showing the reconfiguration of the parking area. 2 There shall be no storage of snow on the site at anytime. Motion made by Abby Burns to approve the special conditions suggested for the project, seconded by Paul Orr and approved 4 - 0 - 1 with Debbie Hurlburt abstaining. Continuation of Public Hearing - Request for Determination of Applicability- Leonard Redican - 42 Crowdis Street Mark George stated that the Commissionheldasite visit andhas reviewed the project. He noted that they have requested to extend the top of the slope 20 feet. Steve Dibble noted that the easterly corner of the property significantly drops and there is a resource area back there, but they are not proposing to fill in that corner. • There being no further questions or comments on this matter, a motion was made by Abby Burns to issue a Negative Determination seconded by Rebecca Curran and-approved 4 - 0 -1 with-DebbieHurlburt abstaining. Public Hearing - Notice of Intent- 127 Marlborough Road - (subdivision lot #3) - Joseph Grenier- Strong Brook Realty Trust - Proposed Construction of a Single Family Home. John Dick of Hancock Engineering addressed the Commission and noted that there are several questions regarding this lot. He explained that one is that there is an issue of whether the rivers bill jurisdiction applies and another is the DEP storm water management-policies, He stated that the seven lot configuration is going to the Board of Appeal. A discussion was held on the DEP storm water management policies. Steve Dibble asked Mr. Dick if they have the drought report that the Commission has requested to see. Mr. Dick stated that his client does not want to provide the report. Page 5 of 8 • Abby Burns made a motion to continue the public hearing to May 28, 1998 so • that the Commission can get more information, seconded by Debbie Hurlburt and approved unanimously. Public Hearing - Notice of Intent- 127 Marlborough Road - (subdivision lot #4) - Joseph Grenier- Strong Brook Realty Trust - Proposed Construction of a Single Family Home. Motion made by Abby Burns to continue the matter to May 28, 1998 seconded by Paul Orr and approved unanimously. Reauest to Amend Order of Conditions#64-263 - 61 Jefferson Avenue Bruce Poole addressed the Commission and requested that they amend the order of conditions to allow further paving and storm water control on the site. He noted that the original conditions provided for a thirty foot stone buffer strip (BMT) to intercept runoff and allow natural percolation. The strip was designed to handle a 1" /hour rain before over flowing to the catch basin that connects to the existing 18" municipal storm drain that discharges to Mill Pond. He noted that twice last year the stone strip was not able to . handle the runoff because of winter conditions (ice over stone). It was also observed that vehicles park over the stone and small amounts of oil and fuel are released during vehicle storage. This condition is worsened in the winter when snow removal is necessary because the large stone is difficult to plow. In the event of a spill of any sort the material would end up in the soil or adjacent wetlands, not captured in the catch basins. The amendments that were requested are as follows: 1 Install a granite curb at the property boundary at least eight inches above grade to mark the property, contain runoff and limit truck parking. No snow disposal will be allowed beyond the curb. 2 Install a bituminous berm at least 6' above grade on the north side of the building to prevent runoff migration to the former Ryder Truck property. The brush line on that property was removed last year and this will also serve to mark the boundary. 3 Pave the 40' x 170' coarse stone buffer strip on the east side of the property from the edge of the existing pavement to the granite curb at the property line, to contain runoff and capture incidental spillage from vehicles. The grades will stay basically the same with minor • changes to direct all flow to the catch basins. Page 6 of 8 4 Install three additional catch basins with oil and gas traps and oil • logs to direct runoff from the north and east sides to the storm drains. Mr. Poole provided a flow calculation table and hydraulic profile to show that the drainage system can handle 1"/hour sustained storms as well as T'/hour rain events without surcharging. In addition they recommended that all chemicals, drums, rock salt, fuel tanks, and vehicle service supplies be stored only in the building, secure from other elements. Mr. Poole noted that the amendments have been prepared by accepted engineering practices and represent standard approaches to site development and spill control. They are also in conformance with the special conditions listed in the Order of Conditions issued by the Commission in April of 1997. Steve Dibble noted that the existing order of conditions allows the applicant to do some of what he is requesting. Debbie Hurlburt stated that she has a problem with adding more pavement to the site. A discussion was held regarding the additional paving and the possible problems with it. Debbie Hurlburt stated that paving would result in the loss of area and encroachment on the resource area and would defeat the purpose of natural purification. She stated that she is not convinced that they would be gaining anything from it. She also noted that the proposed • snow storage space is not the best place on the site. There being no further discussion on the matter a motion was made by Abby Burns to amend the Order of Conditions as referenced in the new plan dated 5/4/98 and referenced in a letter dated 5/14/88, seconded by Rebecca Curran and approved 4-1 with Debbie Hurlburt opposed. Old/New Business Discussion of Enforcement Order 50 Ravenna Ave.- Anthony Jermyn Steve Dibble reported that Mr. Jermyn has hired Hancock Engineering and will be coming in with a plan at the next meeting. GTE Sylvania Mark George suggested that the Commission send a letter to GZA requesting that they respond to the concerns of the Commission. • Page 7 of 8 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 Rebecca Curran and approved unanimously. The meeting was adjourned at 11:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC051498 Page 8 of 8 • Salem Conservation Commission Minutes of Meeting Thursday, May 28, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, May 28, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Abby Burns, Karen Fabiszewski, Rebecca Curran, Kevin Cornacchio. Also present were Steven Dibble Assistant Planner, and Eileen Sacco, Clerk Public Hearinef - Determination of Applicability - Central Wharf- Derby Street - City of Salem - Facilities Including Float for Public Ferry Service Susan St. Pierre addressed the Commission and explained that they are seeking approval of this site as an alternative for the Salem to Boston Ferry Service, in the event that the Blaney Street site does not work out. She explained that the proposed work is temporary and involves the installation of a gangway and a pile studded float system along the easterly edge of Central Wharf. She further noted that once the demonstration ferry project • is completed all facilities provided for the docking of the vessel will be removed. The project is scheduled to run from July 1, 1998 - October 31, 1998. Steve Dibble stated that the project is pretty straight forward and this site is only to be used as an alternative should the Blaney Street site fall through. Motion made by Rebecca Curran to issue a negative determination with two conditions, one that the structure be removed by December 1, 1998 and the second being that all work for the construction of the gangway and float be done from a barge, seconded by Kevin Cornacchio and approved unanimously. Public Hearing - Notice of Intent - Boston Gas Company - Pierce Avenue and Waite Street - Bank Restoration Steve Damiano of TRC Environmental Corporation addressed the Commission on behalf of Boston Gas Company. He explained plans for the proposed bank restoration on Waite Street and Pierce Avenue. He noted that the proposed work is to remedy the eroded coastal bank area by placing stone rip rap as depicted on the plan. • Page 1 of 7 Mr. Damiano explained that a geotextile fabric will be placed on the eroded surface and secured into the existing substrate. He stated that two stone • sizes are proposed for the rip rap, being layers of 6 to 8 inches of stone will be placed on the geotextile fabric, followed by approximately 23 inches of stone on top. The geotextile fabric will prevent the sand and mud substrate from being removed through the stones. Mr. Damiano explained that the work would be done during low tide. A back hoe will be used to remove debris and prepare the site for the geotextile fabric and stone. The back hoe will be operated from the landward side of the bank. Mark George asked what the time table for the project is. Mr. Damiano stated that they would like to do the work as soon as possible. Mark George stated that the Commission usually does a site inspection and asked if two weeks would be a problem. Mr. Damiano stated that they could wait two weeks. Rebecca Curran stated that the plan is straight forward and that she did not need to see the site. Mark George opened the hearing up to public comment at this time. There was no response. Motion made by Abby Burns to close the public hearing, seconded by Karen • Fabiszewski and approved unanimously. The Commission discussed special conditions for the project. The following were suggested: 1, 2, 3, 4, 6, 7*, 12, 13, 15, 17, 18, and 21. *# 7 was amended to read 10 feet instead of 150 feet. Motion made by Abby Burns to approve the Notice of Intent with special conditions, seconded by Kevin Cornacchio and approved unanimously. Public Hearing - Reauest for Determination of Applicability - Village at Vinnie Square, Weatherly Drive - Installation of Irrigation Wells Carol MacGown addressed the Commission as Chairperson of the Trustees of the Weatherly Drive Condominiums. She stated that Bruce Lewis was present this evening to present the plans for the installation of the irrigation wells. Mr. Lewis addressed the Commission and stated that he was asked to evaluate any potential impact that using the bedrock wells would have and in his opinion there was no cause for concern, in that the wells will have no adverse effect on the wetlands. He reviewed the plans for wells one and two which have been installed. • Page 2 of 7 Mr. Lewis explained that two deep bedrock, 6" in diameter irrigation wells • were installed in existing lawn areas just off the edge of the paving. Well#1 has been installed in the lawn area on Weatherly Drive and is approximately 35-40 feet from the wetland area. Mr. Lewis explained that it is 505 feet deep and steel casing with a drive shoe seal was set 15 feet into solid bedrock, with 25 feet of over burden material above the bedrock. Fractures contributing water are reported in the 470' to 475' deep zone. The well driller's estimated capacity is reported at 35+ gallons per minute. Well#2 is in the lawn area on America Way and is approximately 45-50 feet from the wetland and is 1,185 feet deep. Steel casing with a drive shoe seal was set 10 feet into solid bedrock with 30 feet of over burden material above the bedrock. Fractures contributing an estimate 10+ gpm were encountered in the 120' to 420' deep zone. Carol MacGown introduced Bruce Komack who drilled the wells and he addressed questions from the Commission. He noted that the locations were chosen for the convenience of them and the maintenance of the wells. He also stated that he had no idea that they should have filed the plans with the Commission. • Mark George requested that Mr. Lewis should stamp the plan. Steve Dibble agreed and noted that the plans should be signed as well as stamped. Mark George opened the hearing up to public comment at this time. Robert Johnson of 34 Weatherly Drive addressed the Commission and expressed his concern about the types of pesticides that is used on the lawn. He stated that order of conditions 64-137 should be enforced. Carol MacGown stated that Anthony Barbuzzi is present and could address concerns about pesticides. Mr. Barbuzzi stated that he is licensed in the state of Massachusetts to apply pesticides and he would provide the safety data sheet for the residents if they wish. He stated that they apply 3 applications, one in the spring, one in the summer and one in the fall. Abby Burns stated that she would like to see them use organic pesticides. Mr. Johnson stated that the Weatherly Drive Trustees mandate that they use organic pesticides in Salem. Rebecca Curran suggested that they should use low nitrate content chemicals in moderation. Page 3 of 7 • Mark George noted that the Commission is looking to enhance the area adjacent to the wetland. • Motion made by Rebecca Curran to issue a Negative Determination of Applicability with the condition that they use only organic pesticides/herbicides within the buffer zone, seconded by Kevin Cornacchio and approved unanimously. Public Hearing - Notice of Intent - 50 Ravenna Avenue - Stabilization of Filled Slone John Dick of Hancock Environmental Consultants addressed the Commission on behalf of his client Anthony Jermyn. He explained that his client filled extensively at the top of his slope while performing work approved by the Commission in a Determination of Applicability and now is proposing to correct the problem. The Commission has issued an enforcement order on the property. Mr. Dick stated that they propose to remove all existing fill within the wetland resource area and deposit the materials into the existing slope to be stabilized. The are proposing to remove the material with an excavator and at the completion the resource area will be seeded with a wetland conservation mix and wetland shrubs will be planted along the edge of the • wetland. Mr. Dick showed the Commission photographs of the area. Steve Dibble stated that the plan looks much the same as it did the last time the Commission was there. He stated that the work needs to be done. He requested that the plan be reviewed with the City Engineer, and that post construction a No Cut No Disturb Zone be shown on the plan. Mark George suggested that the Commission set a time table that is reasonable for the applicant to accomplish the work. Mr. Jermyn stated that he hopes to have the work done by the winter, however, he added that he cannot promise that, noting that he has spent a lot of money on this project to date. Mark George opened the hearing up to public comment at this time. There was no response. Motion made by Abby Burns to close the public hearing, seconded by Rebecca Curran and approved unanimously. . Page 4 of 7 The Commission discussed special conditions for the project. The following were suggested: 1, 2, 3, 4, 5, 6, 12*, 13, 15, 16, 17**, and 21. • *- Amend#12 removing overnight equipment. **- Amend#17 by removing the last sentence. The Commission also suggested a condition that states that a No Cut No Disturb Zone shall be down gradient of the hay bales. Motion made by Rebecca Curran to approve the special conditions for the project, seconded by Abby Burns and approved unanimously. Continuation of Public Hearing - Notice of Intent - 127 Marlborough Road - (Subdivision Lot#3)- Joseph Grenier, Strong Brook Realty Trust - Proposed Construction of a Single Family Home John Dick of Hancock Environmental Consultants addressed the Commission on behalf of his client Joseph Grenier. He explained that the storm water management documents have been submitted to the Commission as requested. Atty. Jack Keilty addressed the Commission and stated that they would be willing to continue the hearing to the next meeting. Steve Dibble suggested • that the applicant should refile the application and the city could grant a waiver of the fees for the first meeting in June. Motion made by Abby Burns to allow the applicant to withdraw without prejudice,seconded by Karen Fabiszewski and approved unanimously. Continuation of Public Hearing - Notice of Intent - 127 Marlborough Road - (Subdivision Lot#4)- Joseph Grenier, Strong Brook Realty Trust - Proposed Construction of a Single Family Home John Dick reviewed the plan with the Commission. He noted that the house is not in the resource area or the buffer zone. He stated that the reason for the filing is the driveway. He stated that it is proposed to be a paved driveway with grading partially located within the buffer zone to bordering vegetated wetland. He also noted that there would be no impact on the resource area and they are more than 200 feet from the river. Mark George opened the hearing up to public comment at this time. There was no response. Page 5 of 7 • Motion made by Abby Burns to close the public hearing, seconded by Karen • Fabiszewski and approved unanimously. The Commission discussed special conditions for the project. The following conditions were suggested: 1, 2, 3, 4, 5, 6, 7, 13, 14, 15, 16, 18, and 21. Steve Dibble requested that a No Cut No Disturb Zone be required on the inner riparian zone. Atty. Keilty noted that there is an existing Order of Conditions on the property that was issued to Judge Joseph Furnari. He suggested that the Commission should issue a Certificate of Compliance, recognizing that the proposed work was never commenced. Motion made by Rebecca Curran to issue a Certificate of Compliance recognizingthat the work never commenced on the property, seconded P P Y, by Abby Burns and approved unanimously. Motion made by Rebecca Curran to issue an Order of Conditions for 127 Marlborough Road, lot#4 with special conditions 1, 2, 3, 4, 5, 6, 7, 13, 14, 15, 16, 18, and 21, and that a No Cut No Disturb Zone be required on the inner riparian zone, seconded by Kevin Cornacchio and approved unanimously. • Request to Extend Existing Order of Conditions - File#64-236 - Plummer Home for Boys - 27 Winter Island Road Steve Dibble addressed the Commission and stated that he has received a request from Sally Hayes, Trustee for the Plummer Home for Boys to extend the existing Order of Conditions#64-236. He noted that they are not asking for anything additional to the order of conditions that was issued. Motion made by Abby Burns to extend the Order of Conditions#64-236 for the Plummer Home for Boys for a period of three months, seconded by Rebecca Curran and approved unanimously. Old/New Business 37 Station Road Steve Dibble stated that he has received complaints from the neighbors at 37 Station Road, regarding the construction of a single family house. He noted that the complaints deal with drainage issues and noted that the house is too large and the rear and side yards are involved. He stated that he would like to invite them into the next meeting to discuss the situation. He also noted for the record that he is a direct abutter to the property and he has no • financial interest in the property. Page 6 of 7 He noted that Mr. Gaudreault and Mr. Delafano are being directly impacted • by the drainage problems. He also noted that he has visited the site with Mike Collins. Motion made by Abby Burns to issue an enforcement order for 37 Station Road, seconded by Kevin Cornacchio and approved unanimously. Approval of Minutes The minutes of the meeting of April 23, 1998 were presented for approval. Motion made by Kevin Cornacchio to approve the minutes of the meeting of April 23, 1998 as presented, seconded by Karen Fabiszewski and approved unanimously. 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 Karen Fabiszewski and approved unanimously. The meeting was adjourned at 11:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC052898 Page 7 of 7 • Salem Conservation Commission Minutes of Meeting Thursday, June 11, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, June 11, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Abby Burns, Karen Fabiszewski, Kevin Cornacchio, and Paul Orr. Also present were Steven Dibble Assistant Planner, and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meeting of April 9, 1998 were presented for approval. Motion made by Karen Fabiszewski to approve the minutes as amended, seconded by Kevin Cornacchio and approved unanimously. Public Hearing -Notice of-Intent (Rule) -127Marlborough Road Subdivision Lot#3 - Joseph Grenier - Strong Brook Realty Trust - Proposed • Construction of a.Single Family House John Dick of Hancock Environmental Consultants addressed the Commission on behalf of-his client Joseph Grenier_ He explained that the proposed location of the house in outside of the riparian zone. He noted that the house is within 10 feet of the BVW as defined by DEP_ He stated that he has personal reservations about the DEP delineation, however they are using them for Ghisplan_ Mr. Dick reported that DEP has issued a file number for this project 64-0281. Steve Dibble stated the drainage easement andlboundary have been included in the revised plans. He noted that the Commission has seen this plan and has reviewed it extensively. Motion made by Abby Burns to close the Public Hearing, seconded by Karen Fabiszewski and approved unanimously. Mark George suggested that the Commission issue the same conditions that were usedfor lot#4 on the same site. • Page 1 of 5 Motion made by Y f Abby Burns to issue an Order o Conditions with special • conditions, modeled after the order of conditions issued for lot#4, and that the applicant submit a revised plan showing the drainage easements 30 feet wide centered on the pipe, seconded by Paul Orr and approved unanimously. Discussion of Existing Enforcement Order - 37 Station Road - Single Family House Construction - Barry DeFrancesco Steve Dibble addressed the Commission and stated that the Commission issued an Order of Conditions for the construction of a single house a year ago. He stated that he is a direct abutter to the property and does not have any financial interest in the property. Steve Dibble stated that he has investigated the concerns that were raised by the neighbors and found that the hay bales were placed in the wrong area. He explained that the approved plan called for a replication area and that was not completed. He stated that 8 feet of fill was placed in an area that extended beyond the 13 feet that was approved. He explained that Mr. DeFrancesco would like to remove the fill that went behind the haybales, and plant grass in the replication area. Abby Burns stressed that the replication area was a requirement of the • approval and that it should be carried out. Paul Orr explained the replication process and the need for that portion of the project to be completed. Mark George, Karen Fabiszewski, Kevin Cornacchio, and Abby Burns agreed. Mr. DeFrancesco addressed the Commission and stated that he has been working on the project for almost a year now and he has spent a lot of time and money on the project. Steve Dibble stated that the drainage pipe was installed incorrectly and reviewed the location on the map. Photos of the area were also presented. He also reviewed the drainage problems that the neighbors have had. Paul Orr stated that at a minimum the replication should be 1.1 and perhaps even more. Mark George noted that Mr. DiBiase has done some substantial improvements on the drainage in the neighborhood and there should be a great improvement in the drainage when he is finished. • Page 2 of 5 • Kevin Cornacchio stated that he felt that they should remove all of the fill and bring the site into compliance. Mr. DeFrancesco requested that he be allowed to leave the fill to allow him to have a small yard. Abby Burns disagreed with that noting that the approval was contingent on the terms of Order of Conditions and those have not been met. Mark George noted that this is a tough site and they should go back to the original plan and see if it cures the drainage problems. He suggested that he go back to Dr. Mulligan and investigate other replication alternatives. Paul Orr suggested that replication off site is also an option, and they could consider that as well. Mark George opened the meeting up for public comment at this time. A Neighbor addressed the Commission and stated that she wants the DeFrancesco's to complete the_planasit wasintended. She noted that the approved plan was acceptable to the neighbors when it was approved and that is the way they want it completed. She urged the Commission to force • them to do what they said they would do. Paul Orr suggested that the Commission give the applicant a finite period of time to correct the problem. Kevin Cornacchioagreerl,hut.notedthatin the intprim.theneighborshave flooding problems, and he would not like to see the process be a lengthy one. Paul Orr stated that was referring to a reasonable amount of time tofixthis and noted to the applicants that a Certificate of Occupancy will not be granted if this problem is not corrected. He suggested that the applicant be given two weeks to come up with a plan that is agreeable to the Commission. Steve Dibble suggested that they should be required to remove the fill that is in the resource area as soon as possible. He also suggested that in the event that the applicant does-not come.up aithasuitableahernativethat-they should be required to revert back to the original plan and replication scheme be implemented. Motion made by Paul Orr to lift the enforcement order that was issued for 37 Station Road, seconded by Abby Burns and approved unanimously. • Page 3 of 5 • Motion made by Karen Fabiszewski to issue an enforcement order for 37 Station Road, that would allow the applicant to remove all fill within two weeks, replace the hay bales to the proper location and to investigate suitable alternatives to the replication if they so choose, seconded by Abby Burns and approved unanimously. Old/New Business Discussion of Forest River Tidal Gates Mark George stated that he has written a letter to Mayor Usovicz on behalf of the Commission outlining the position of the Commission with regards to the opening and closing of the Forest Rive Tidal Gates. The Commission held a discussion on the letter and offered proposed suggestions and revisions to the letter. Motion made by Karen Fabiszewski to modify the letter, seconded by Kevin Cornacchio and approved unanimously. Mark George also stated that the Commission has been requested to send submit copies of the WPA regarding the tidal gates to the neighbors, Representative Ruane's office, Councillor Blair, and Mrs. Panzini. He noted • that there are health issues involved in this issue which should generate some public awareness. GTE Sylvania/SSC Central Campus Steve Dibble noted that GTE has not responded to the Commission's request for information on the restoration/revegetation plan. Amendment to Order of Conditions Steve Dibble requested that the Commission amend the order of conditions issued for the Demonstration Ferry Program to include the paving of 6 handicapped parking spaces and a four foot walkway to link the space for handicapped access. Motion made by Kevin Cornacchio to amend the Order of Conditions for the Ferry Project, seconded by Karen Fabiszewski and approved unanimously. • Page 4 of 5 • 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 Karen Fabiszewski and approved unanimously. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC061198 • Page 5of5 • Conservation Commission Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, July 23, 1998 at 7:00 p.m. in the second floor conference room, One Salem Green. Mark George, Chairman Tentative Agenda: 1. Approval of minutes 2. Public Hearing- Determination of Applicability -41 March Street, William Parsons— Proposed addition and deck to house and improved driveway 3. Discussion of existing Enforcement Order- 37 Station Road 4. Request to extend Order of Conditions #64 - 255 - 100 Swampscott Road, Miniature Golf, Dilisio issued in July 1996 5. Discussion of 7 lot subdivision at 127 Marlborough Road 6. Old/New Business a. Lawn Care Applications Discussion b. Invitation to participate in pilot canoe trip Forest River Conservation District c. Invitation t o Rivers Meeting July 27, 1998 10:00am sd\concom\agenda\072398 • Salem. Massachusetts 01970 HASS�N Conservation Commission Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, July 9, 1998 at 7:00 p.m. in the second floor conference room, One Salem Green. Mark George, Chairman Tentative Agenda: 1. Approval of minutes 2. Old/New Business a. Discussion of existing Enforcement Order- 37 Station Road b. Discussion of the Forest River Tide Gates c. Discussion of GTE Sylvania/ SSC Central Campus, DEP file#64-194 d. Discussion of Stormwater Management Guidelines e. Discussion of local setback regulations and Rivers Protection Act f. Drafting of guidelines sd\concom\agenda\070998 • Salem Conservation Commission Minutes of Meeting Thursday, July 9, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, July 9, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Abby Burns, Karen Fabiszewski, Kevin Cornacchio, Rebecca Cullen, Debbie Hurlburt, and Paul Orr. Also present were Steven Dibble Assistant Planner, and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meetings of May 14, 1998, May 28, 1998, and June 9, 1998 were presented for approval. Motion made by Karen Fabiszewski to approve the minutes of those meetings as presented, seconded by Kevin Cornacchio and approved unanimously. Partial Certificate of Compliance - Station Road Extension • Mark George explained that the applicant Paul DiBiase is requesting a partial Certificate of Compliance for lot#3 on Station Road Extension. He noted that they are closing on lot#3 and the Attorney for the buyer is requesting the Certificate of Compliance prior to the conveyance. Mark George stated that he visited the site and noted that the location of the lot is on the upland side of the property. The Commission reviewed the plans. Debbie Hurlburt asked if the road was complete. Mark George stated that the binder is in and the curb is not done. Debbie Hurlburt asked if the roadway was part of a subdivision. Steve Dibble reported that it was part of a subdivision. Debbie Hurlburt suggested that no further lots be released until the subdivision is complete. There being no further questions or comments regarding the matter, a motion was made by Rebecca Curran to approve the Partial Certificate of Compliance for lot#3 on Station Road Extension, seconded by Debbie Hurlburt and approved unanimously. Page I of 4 • Steve Dibble noted that the letter requesting the Partial Certificate of Compliance was not signed by a registered engineer. Mark George suggested that the applicant have the letter signed and the Planning Department will hold the Partial Certificate of Compliance until they receive it. Discussion of Existing Enforcement Order - 37 Station Road Steve Dibble reported that since the last meeting the site remains 95% complete as the applicant had stated at that meeting. He also noted that a silt fence was installed. Paul Orr expressed his concern that the site has not been completed. He noted that the applicant stated that he needed a week to complete the project and it has been three weeks and he is not done. Mark George agreed and stated that the applicant is not in compliance. Steve Dibble requested that the Commission go and visit the site. He also noted that he has asked the applicant to call him when the site is complete. Debbie Hurlburt suggested that the Commission write a letter to City Solicitor William Lundregan requesting that he follow up on the matter. She • also asked that the DEP, and the Building Department be sent copies of the letter. Steve Dibble stated for the record that he is a direct abutter to the property and he has no financial interest in it whatsoever. Abby Burns expressed her concern that the applicant is in blatant violation of the Order of Conditions issued by the Commission, and he has made no attempt to explain why he is not in compliance. Motion made by Debbie Hurlburt to refer the matter to the City Solicitor indicating the infractions and start proceedings, seconded by Abby Burns and approved unanimously. Mark George noted that he hoped that the applicant would get moving on resolving this as the result of this action and he hoped that it would go no further than this. A neighbor at 35 Station Road addressed the Commission and stated that he disagreed that 95% of the work has been completed. He expressed concern about the amount of work that was done that should not have been done. • • Page 2 of 4 Discussion of Forest River Tidal Gates Mark George reported that Mayor Usovicz is in agreement with the Commission regarding the Forest River tidal gates. He explained that he thinks that all Chapter 591 does is authorize the closing of the gates and that the WPA should trigger then, meaning that the city should have to come to the Commission and file a Notice of Intent. He noted that the Mayor is being cautious about the matter, however, since there is the problem of the quality of the water the gates have not been closed this year. Paul Orr noted that the Mayors office should be made aware that there could be a violation and a Notice of Intent could be required. He noted that chapter 593 gives the Mayor certain authority, however they still have to comply with the provisions of the wetlands protection act. Abby Burns noted that the gates are open and she would like to see what happens. Discussion Regarding GTE/Sylvania - SSC Central Campus -#64-194 • Steve Dibble reported that he has received a copy of a letter that Larry McIntire sent to GTE regarding the condition of the baseball field at Jackman Park. Discussion Regarding the Drafting of Guidelines for Filings With the Commission Steve Dibble stated that he would like the Commission to draft some guidelines for what at the Commission requires for a filing with the Commission. Debbie Hurlburt reviewed some of the materials that she requires in Beverly. Steve Dibble will draft a list of suggested guidelines for the next meeting. Debbie Hurlburt stated that she would like to include the Rivers Protection Act in the Commission's bylaws. She stated that there are some other amendments that she would recommend as well. • Page 3 of 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 Kevin Cornacchio and approved unanimously. The meeting was adjourned at 8:10 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC070998 • Page 4 of 4 • Salem Conservation Commission Minutes of Meeting Thursday, September 10, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, September 10, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Paul Orr, Karen Fabiszewski„ Abby Burns, Kevin Cornacchio, and Rebecca Curran. Member Debbie Hurlburt was absent. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco, Clerk. Public Hearing - Determination of Applicability - Salem Housing Authority - Proposed 8 Lot Subdivision on proposed road Independence Hill off First Street Bill Hammer of HKT Architects addressed the Commission on behalf of the Salem Housing Authority. He noted that they have reissued Form 1 due to a typographical error. Mr. Hammer showed the Commission a photo of the area to identify the parcel that they intend to develop. He explained that • they intend to build 8 single family homes to be sold to first time home buyers. The development would be built on 1 '/: acres of the land and the remaining six acres will be deeded to the Conservation Commission. Mr. Hammer introduced Betsy Mackenzie who explained the details of the project to the commission. Ms. Mackenzie noted that they would be doing some grading within the 100 foot buffer zone as one of the lots touches in a corner of the buffer zone. She stated that there would be no construction in the buffer zone. The foot print for potential garages are included on the plans but they will be built at the discretion of the owners should they choose to build them and are not part of the construction of the project. Ms. Mackenzie explained the drainage on the site. She noted that the surface runoff from the back edge of the yards will drain into the existing wooded areas. Rip rap will be used on the slopes 3.1 or steeper to stabilize the slopes and prevent erosion. The proposed lots will be graded toward the center cul de sac. Runoff will drain into deep sump catch basins, and through a sedimentation and detention area before releasing into the existing watershed above the onsite wetlands. Double grate and frame catch basins with deep sumps along the access road will intercept and pre-treat surface runoff from the access road prior to entering the municipal system. • e Ms. Mackenzie stated that the post development peak flows shall be • compensated for through the detention capability of the on site treatment system. The sum peak flows through all post development watersheds shall remain similar to existing conditions. Released water will flow into the onsite wetlands where recharge may occur. Drainage eventually flows across Highland Park and into the Forest River. No Impact on nearby or receiving waterways is expected. Ms. Mackenzie noted that the Planning Board has some questions about the method of the drainage and they are looking into their concerns. The Planning Board has suggested that they would like to see all areas connected tot he municipal sewer system. Abby Burns asked to have the snow storage locations identified on the plan. Ms. Mackenzie stated that the center area of the cul de sac will be used for snow storage. Kevin Cornacchio asked who would be responsible to maintain the catch basins. Ms. Mackenzie stated that.the design of this system is open and shallow and they have not included a maintenance plan in the filing. Steve Dibble asked who would maintain the cul de sac lawn area. Mr. • Hammer stated that they are looking into the possibility of that area being a' common area of ownership for the home buyers and they would be responsible to maintain it. Paul Orr suggested that they might need to look into the need for a NPDS permit. Steve Dibble requested that they include trees along the right of way. Paul Orr asked what the estimated construction period would be. Mr. Hammer stated that they are looking at a six month construction period. He also noted that they are looking to start early in the spring of 1999. Mr. Orr expressed his concern about the quality of the runoff during the construction and advised them to check with the EPA as they may need to file a storm water plan. Abby Burns noted that she is interested in Mr. Burke's letter to the Commission regarding the trail that it up there. Steve Dibble stated that this would be a good opportunity to link that trail with the Salem Woods. • • There being no further questions or comments this evening, a motion was made by Abby Burns to continue the public hearing to September 24, 1998, seconded by Rebecca Curran and approved unanimously. Mark George opened the hearing up for public comment at this time. There was no response. There will be a joint site inspection with the Planning Board on Monday, September 14, 1998 at 5:30 p.m. Public Hearing - Notice of Intent - Kenneth Gelp - Proposed House Construction on Salem Harbor - 435 Lafayette Street This matter was postponed to September 24, 1998 at the request of the applicant. Public Hearing - Notice of Intent - Transit Realty Associates, LLC representine the MBTA - Proposed Construction of a Parking Garage, drainage facilities, and bus layoff area at the Salem Depot A representative of?? addressed the Commission and explained the plans for • a proposed parking garage, drainage facilities and bus layoff area for the Salem Train Station. He noted that there were constraints to the sighting of the building and that green areas have been added to offset the impervious surfaces. Kevin Cornacchio asked if there were going to be any changes made to the access road. Mr. ? stated that Rizzo Associates were the design engineers and that there are no plans to change the access road. He noted that they are planning to install a traffic signal at Bridge Street and the driveway and that should help alleviate some of the concerns regarding traffic. A discussion was held on the storm water management plan. A letter from Mike Collins was read into the record which indicated that he has reservations about the plan and he would research the plans with the MBTA. He noted that there are historic drawings which indicate the presence of underground oil storage tanks on the property. The architect located the area on the plan and noted that they are located on the active drainline. Mark George encouraged them to further investigate those tanks. Paul Orr addressed the Commission and asked where the track drainage system ties in. He requested additional information regarding that matter. • It was noted that they may relocate some of the existing catch basins and • there is a potential for the reuse of the existing sewer main. Steve Dibble requested that they submit the drainage calculations for the site to Mike Collins. Mr. ?? addressed the Commission and stated that there are some time constraints that they have to work with. Steve Dibble showed the Commission a photograph of the area and reported that he gets several complaints a year about the amount of sand that is used on the site and the failure of the MBTA to clean it up at the end of the winter. He also noted that he would like the TSS removal to be higher than they are proposing, noting that there is technology that they can use that will result in better water quality. Mr. ?? stated that the aesthetics of the area are going to be improved with this project. Steve Dibble reviewed the other processes that they have to go through. He noted that the MEPA process is ongoing and the comment period ends on September 25, 1998 and a draft decision should be released on October 25, • 1998. A Chapter 91 license is required and a date needs to be set for that hearing. By the end of October all permitting should be in place. Abby Burns asked what they planned to do with the cars that are parked there by commuters during the construction process. Mr. ?? stated that they would be directing people to the Lynn site which has 500 spaces. A discussion was held regarding the excavation of materials from the site. Mr. ?? stated that there would be relatively little material that will have to be stored or removed from the site. Steve Dibble noted that Salem Sound 2000 has been regularly monitoring the site and the out fall pipe tests show a high reading of fecal chloroform at this site. He stated that he would like to see that cleaned up before the construction of the garage begins. Steve Dibble also requested that a tree and landscaping maintenance schedule be submitted to him by next Friday. He noted that this is the only approval process that they have to go through in the City of Salem. Mark George stated that he would like more information about stock ilia of g piling materials, drainage during construction and snow storage areas. • • Mr. ?? stated that the construction erosion control plan is in the Notice of Intent. Mark George opened the hearing up for public comment at this time. David Pelletier of Crombie Street addressed the Commission and expressed his concern about traffic and the redesign of Boston and Bridge Streets. Mark George addressed Mr. Pelletier and noted that while his concerns are valid they are not within the jurisdiction of the Conservation Commission. John Fifield addressed the Commission and expressed his concern about the parking spaces. Rebecca Curran suggested that the Commission hold a site visit on this project. A site visit will be held on Monday, September 14, 1998 at 6:OOp.m. There being no further questions or comments at this time a motion was made by Paul Orr to continue the Public Hearing to October 8, 1998, seconded by Abby Burns and approved unanimously. Public Hearing Notice of Intent - Joseph Grenier - Proposed House • Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 7 - Part of Lot 1) John Dick addressed the Commission on behalf of his client Mr. Grenier and explained that the applicant is proposing to build a single family home with appurtenant driveway, utilities and site grading within the buffer zone to bordering vegetated wetlands surrounding Strong Water Brook. Mr. Dick also presented a letter of opinion indicating that the area in question has an intermittent stream on it. He submitted photographs of the area and noted that he has visited the site twice and the stream remains dry as of this morning. He noted that he has calculated the watershed of the reach of Strong Water Brook affecting this parcel, and have determined that its area equals 247+ acres, approximately 0.39 square miles. This watershed is approximately 13% of the standard of proof required to support a claim that an intermittent stream is a river. Mr. Dick also stressed that the documentation that was observed in August of 1997 occurred at a time of drought as define by the Massachusetts Code of Regulations, but this is in no way the situation this year. He also noted that testimony by the previous owner Judge Furnari states that the brook dries • up every summer. Mark George stated that he would like to see the area again. Abby Burns • agreed and stated that she would like to see it again as well. Mark George stated that he would like to see more information regarding how the applicant determined that this is not an intermittent stream. A motion was made by Paul Orr to continue the Public Hearing to September 24, 1998, seconded by Karen Fabiszewski and approved unanimously. Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 1) A motion was made by Paul Orr to continue the Public Hearing to September 24, 1998, seconded by Abby Burns and approved unanimously. Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 2) A motion was made by Paul Orr to continue the Public Hearing to September 24, 1998, seconded by Abby Burns and approved unanimously. Request for Certificate of Compliance - SESD - DEP File# 64-242 Project site • on Harmony Grove Road at Peabody City Line Steve Dibble reported that he has a received a request from the SESD for a certificate of compliance for the project on Harmony Grove Road. He noted that the letter was stamped and that the project was completed according to plan. Motion made by Abby Burns to issue a Certificate of Compliance to SESD for the Harmony Grove Road Project, seconded by Paul Orr and approved unanimously. Request to Amend Order of Conditions DEP File#64-270 - 20-40 Colonial Road - Van Waters and Rogers Atty. Joseph Correnti addressed the Commission and requested an amendment to the Order of Conditions issued on October 23, 1997. He explained that the company is in the process of a major site renovation which includes extensive work to the existing warehouse, installation of a new tank farm, and the demolition of two old buildings (marked C & D on the plans filed with the Commission). • • Atty. Correnti explained that during the course of the renovations the Company has determined that it is advisable to take down two more of the older buildings on the site, consisting of the old laboratory and chemical storage building. He referred to the plan and noted that these buildings are marked "laboratory" and "Chemical Storage Building H on the revised plan, and correspond to buildings B and F on the original plans filed with the Order of Conditions. Atty. Correnti explained that the proposal is to remove the buildings B and F to their slabs. He noted that no underlying soil beneath the slabs will be disturbed. In the case of each building, a portion of it lies within the two hundred foot buffer zone as shown on the original plan, which results from the application of the Rivers Act. Atty. Correnti stated that there would be no impact from the additional demolition on either the resource area of the buffer zones. Paul Orr stated that he sees no problem with the additional demolition as it is proposed. He suggested that a condition be added that there will be no removal of the soil or the slabs as the applicant has stated. Motion made by Paul Orr to amend Order of Conditions 64-270 to allow the • demolition of buildings B and F on the original plan dated September 23, 1997, down to the slab and that there will be no removal of the soil or the slabs, seconded by Kevin Cornacchio and approved unanimously. Request for Extension of Order of Conditions DEP File #64-152 and#64-153 - Technology Way Business Park Atty. Joseph Correnti addressed the Commission and requested that they extend two Orders of Conditions for Technology Way Business Park which is owned by the Fafard Company. He stated that extensions are necessary in order to maintain the ability to market the site for tenant build out. He noted that they have been negotiating with several companies about a lot within the business park. He noted that one company is looking at 5 acres and if they come to an agreement they will come back to the Commission with an amended plan. Atty. Correnti reviewed the history of the property with the Commission and the extensions that the Commission has granted. Mark George stated that he would like to take thirty (30) days to review the plans noting the that the original approval was granted in 1988 and a lot • has changed since then. Paul Orr agreed and suggested that the Commission grant a two month • extension (60 days) and take some time to review the history of the project. Atty. Correnti while noting that there is no project before the Commission for approval at this time, agreed that the two month extension would be acceptable and they would come in at a later date and update the Commission on the progress of the site. Motion made by Paul Orr to extend the Orders of Conditions#64-152 and #64-153 to November 20, 1998, pending that the owner provides the Commission with an update of the project plans and future build out, seconded by Abby Burns and approved unanimously. OLD /NEW BUSINESS a Discussion of Enforcement Order on Goldeneye Corporation - 4 -10 Blaney Street Steve Dibble reported that the Commission amended the Order of Conditions for the property in July to allow for the placement of a trailer and paving for Goldeneye Corporation. He reported that he inspected the property and found that the trailer was placed 8 feet • differently from the agreed location. He noted that the present location blocks safe fueling of the Salem Ferry. He also noted that some additional boulders fell into the harbor during the placement of the trailer. Bob Blair of Goldeneye Corporation addressed the Commission and stated that after they positioned the trailer about a wheel barrow full of rocks went over the top of the bank. He also stated that he has seen kids kicking rocks over the side of the bank on occasion. He stated that they were careful not to have any rocks go over the sides of the bank. Paul Orr questioned why the position of the trailer had been altered from what was agreed upon. Mr. Blair stated that they positioned the trailer as best they could and he does not agree that they are interfering with the fueling of the Salem Ferry. He noted that they would have had to move the granite planter to put the trailer in the approved location. • Karen Fabiszewski expressed her concern that the Commission agreed that the trailer should be 15 feet from the bank and the applicant moved it with no consideration of the Commission. Mr. Bailey stated that in hind sight they should have called the Planning Department and let them know what happened, and he apologized for that. Rebecca Curran stated that the Commission has two choices. One is to allow the trailer to stay where it is and the other is to have them move it and move the planter to position it correctly. Paul Orr questioned if excavation for the trailer occurred. Mr. Bailey stated that they scraped the surface six inches and 6 inches of lint pack was placed. Steve Dibble stated that the plans that were submitted to the Commission were not to scale. Mr. Bailey stated that the fueling of the Salem Ferry is a concern for him. He reported that there was a spill into the resource area and the city has not done anything about it yet. Rebecca Curran stated that the Commission should look into that. Atty. Correnti stated that they have been meeting with the city and they have been responsive. Paul Orr suggested that the Commission should take a look at the site and proposed Monday for a site visit. Abby Burns agreed noting that she would like to see the site as well. The Commission will visit the site on Monday at 4:00 p.m. Paul Orr suggested that-the Enforcement Order should remain in place until the Commission can get out there and check this out. Kevin Cornacchio stated that he is concerned about fuel spill. Steve Dibble reported that when it happened the Fire Marshall was called and the directives that he gave were implemented. He stressed that the appropriate steps were taken. • There being no further business to come before the Commission at this • meeting, a motion was made by Karen Fabiszewski to adjourn the meeting, seconded by Paul Orr and approved unanimously. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC091098 • i • x«r Salem Conservation Commission Minutes of Meeting Thursday, September 24, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, September 24, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Paul Orr, Karen Fabiszewski„ Abby Burns, Kevin Cornacchio, Rebecca Curran, and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco, Clerk. Public Hearing - Notice of Intent - Kenneth Gelpy - Proposed House Construction at 435 Lafayette Street on Salem Harbor Mr. Gelpy addressed the Commission and introduced Mr. Rumph and Mr. Griffin who are the Architect and Engineer for the project. Mark George addressed Mr. Gelpy and noted that most of the information on the plan was dated at least 10 years ago. Mr. Gelpy stated that there is no • variation in the topography with the exception of a little erosion. Mark George stated that this is an incomplete filing noting that it is a coastal bank and they should file with the Army Corp. He also noted that they should file f'or a section 404 permit as well. Mr. Gelpy stated that they were building at the extreme highest point of the property. He also noted that they would build a retaining wall 24 feet back from Lafayette Street and there would be no disturbance to the contour. The footprint of the house will be 29x50.. Paul Orr asked if the elevation would be above the mean high water. Mr. Griffin stated that the elevation would be above the 100 year storm. Paul Orr expressed concern that the data used for the calculations was from 1988. He also asked if they applied for a Chapter 91 license. Mr. Griffin stated that they had. He noted that they sent the same package to DEP that they submitted to the Commission. Paul Orr noted that the Army Corp. application should be included in Con Com application and it was not. Mark George again noted that the material is dated and he is not sure that the topography of the land remains the same today. Mr. Griffin noted that an Order of Conditions was issued in 1981 and a more extensive one issued • in 1989, noting that the building that was approved at that time would have had more of an impact on the area. 1 i Paul Orr stated that those orders have expired and are irrelevant to this • discussion. He noted that the impact on the coastal bank has not been addressed in the plan and they need to do that. Debbie Hurlburt stated that she would like to see more information before the Commission considers this any further, and she would not like to see this back before the Commission until they have all of their information. She suggested that she would like to see the permits listed on the application, the resource area identified correctly, the location of the salt marsh if it extends further would be an Army Corp. issue. She suggested that the applicant go back to the regulatory agencies and see if there is anything else they would be required to file for. She also noted that the plans are not signed or stamped. She also noted that she would like to see how they plan to address an astronomical high tide. Paul Orr agreed and suggested that they consult a qualified wetland specialist. Mark George opened the hearing up to public comment. Richard Moore addressed the Commission and stated that he supports the project. • Jeff?? Addressed the Commission and stated that he lives across the street, and noted that when he was first told about the plan he was told it would be a one story house with a garage, and now it appears that it is a two story house, with a two car garage. He also noted that the street becomes flooded and the sewer drains back up. He questioned how this house would impact that. Steve Dibble explained that there was a mix up with the notification of the abutters two weeks ago and that has since been corrected. Mark George read a letter from Councillor Mark Blair outlining his concerns about the project. Specifically he noted that the lot is a small wooded area of trees and overgrowth and a large part of the project would be erected on the beach and ocean. He also expressed concerns about storms and high waves that may be a potential hazard to the property. Steve Dibble noted that the applicant stated that there would be trees removed from the site. He asked that they include the BVW, storm water drainage, work limit lines, a not cut zone on the plans when they come back to the Commission. • 2 • The Commission discussed the time frame for continuing the public hearing. Mark George suggested that we extend the Public Hearing to November 12, 1998 and if the applicant is ready to come back before that time, they should notify Steve Dibble. Motion made by Paul Orr to continue the Public Hearing to November 12, 1998, seconded by Abby Burns and approved unanimously. Public Hearing - Notice of Intent - Orleans Realty Trust - 17 Orleans Avenue- Proposed house construction within the Buffer zone to Borderine Vegetated Wetland Mr. Gallo addressed the Commission and presented plans to construct a single family house in the buffer zone at 17 Orleans Avenue. He explained that they plan to build a 800 s.f. house on a 10,500 s.f. lot, with a bituminous driveway and water and sewer connection to city services. He explained the plan and the topography of the land to the Commission. He explained that they would be doing some grading in the rear corner and that they plan to install hay bales and a silt fence along the property line. Debbie Hurlburt asked if the property was in a flood zone. Mr. Gallo stated • that he was not aware of that. Debbie Hurlburt stated that she would be more comfortable with the plan if they shifted the house 10 feet either way. She also requested that they show the location of the area for stockpiling of material, and suggested that stockpiled material should be covered if it is going to be for a long period of time to prevent erosion. Abby Burns noted that there is no locus on the plan. Mr. Gallo stated that he included the locus in the package. Mrs. Burns explained that it is easier to have it on the plan itself. Mark George opened the hearing up to public comment at this time. Tom Gallow of 15 Orleans Avenue addressed the Commission and stated that he had no problem with the building of the house, but noted that the grade is higher on the new lot and he would like to see them blend together. He noted that there has been some filling done there and he would like to see the lot lines cleaned up. Steve Dibble stated that he would like to see the plan re-submitted. He also noted that there is some history to the sight with regards to enforcement. • Paul Orr stated that he did not think that they needed to shift the location of the house 10 feet. 3 Mr. Dennehy of 5 Orleans Avenue addressed the Commission and stated that • the property was at one time a swamp and has been filled in over the last few years. He also noted that there is a drainage easement through the property. There is no drainage easement noted on the plan. Paul Orr suggested that the Commission take a site visit to the property. Karen Fabiszewski agreed. The Commission will visit the site on September 30, 1998 at 5:00 p.m. A motion was made by Paul Orr to continue the public hearing to October 8, 1998, seconded by Kevin Cornacchio and approved unanimously. Paul Orr requested that the wetlands be flagged and the location of the house be staked prior to the site visit. Continuation of Public Hearing - Determination of Applicability - Salem Housing Authority - proposed 8 house subdivision, Independence Hill Betsy Mackenzie addressed the Commission and explained the changes that have been made to the plan since the last meeting. She noted that the water quality treatment swale with rip rap has been added, and the first two lots which would have had a 3-1 slope have been reconfigured so that they will be • 2-1. She also noted that the balance of the property would be deeded to the Salem Conservation Commission. Debbie Hurlburt questioned why the plan was not filed as a Notice of Intent. Ms. Mackenzie stated that they filed on the advice of the Planning Department and they had completed T55 calculations and there will be no construction in the buffer zone. Debbie Hurlburt also noted that she has concerns about the storm water runoff and roof runoff. Ms. Mackenzie stated that the plan was designed and geared to the infiltration system. Debbie Hurlburt stated that she would like to see the storage location for construction vehicles noted on the plan, noting that they should be kept out of the buffer zone. Ms. Mackenzie stated that the original package had detail sheets. Debbie Hurlburt suggested that a stockpile location should be designated and suggested that could be a condition. 4 is • Mark George asked when the land would be deeded to the Conservation Commission. Ms. Mackenzie stated that the land could be conveyed prior to construction. She explained that they would have to do an Approval not Required form with the Planning Board and they could convey it after that. Steve Dibble explained that there are some issues with the Board of Appeals and the Planning Board, however in general the Planning Board supports the project. He stated that the issues should be worked out soon. He also stated that this is a good project for the City of Salem. Paul Orr made a motion to issue a negative 3 Determination of Applicability, with the condition that the location of stockpiling areas, and vehicle storage locations be 100 feet from,the buffer zone, seconded by Karen Fabiszewski and approved 5 - 0 -1 with Debbie Hurlburt abstaining. Continuation of Public Hearing - Notice of Intent - Transit Realty Associates LLC representing MBTA proposed construction of a narking garage drainage facilities, and bus layoff area at Salem Depot Mark George noted that the Commission held a site visit to the property. He asked Commission members if they have any questions concerning the plan. • Mr. ?? noted that they have added additional catch basins with deep sumps in response to some concerns of the Commission. He also noted that they have made a change to calculations of the impervious surface which will reduce the amount of impervious surface by 11%. Paul Orr discussed the TSS removal percentages and questioned why the maximum is 80%. Mr. ?? stated that the range is 50 - 80 percent and explained that the manufacturer stated that 50-80% can be achieved when they are totally applied. Mr. Orr stated that he would like to see an operation and maintenance plan for the scepters and suggested that he would like to see them checked monthly. Mr. ?? stated that he would think that bi-annually or annually would be an acceptable schedule. Steve Dibble stated that at TSS of 80% or better would be acceptable to the City Engineer. He noted that Mike Collins requested Best Management Practice of the storm scepters. He also noted that the deep sump catch basins and sweeping is a major improvement from what is presently there. Mark George asked if Mike Collins has approved the plan with the new changes. He suggested that the Commission could approve the plan • contingent upon the approval of Mike Collins. 5 Steve Dibble stated that he is hesitant to approve the plan at the time. He . stated that he would like the City Engineer to sign off on the plan since there have been changes made to the original submission. He also expressed concern that he didn't think that a four foot sump can handle all of the sand that is at the site. Mr. ?? stated that there would not be as much sand on the property after construction since the garage will be on much of the property that presently requires sanding. Karen Fabiszewski agreed and stated that she would like to continue the Public Hearing. Paul Orr stated that a draft order of conditions could be prepared to be reviewed at the next meeting and approval could be given at that time. Debbie Hurlburt stated that she would like to see more landscaping on the site. She also suggested that the relocate the snow storage areas. Mr. ??stated that the project was designed to accommodate the location. Abby Burns noted that the proposed snow storage locations are on what little grass there will be on the site and suggested that they use cobblestones and trees. She suggested that the city could water the trees. • Mr. ?? stated that they are working with a bottom line and he feared that if the project does not get underway, it will not get started. Steve Dibble stated that he felt that an approval from the Commission in mid to late October would be timely enough for the project. He stated that he would call the Engineering Department and schedule a meeting for as soon as possible. He noted that if they make the changes to the plans and submit them by next Friday, there would be no problem. Mr. ?? stated that he was hesitant to change the landscaping plan to include assistance from the city without knowing if the city will commit to it. Motion made by Abby Burns to continue the Public Hearing to October 8, 1998, seconded by Paul Orr and approved unanimously. Mr. ?? noted that the Commission had sent comments to MEPA and they agree that their concerns are substantive and they feel that the plans address those concerns. • 6 • Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 7 - Part of Lot 1) John Dick of Hancock Environmental addressed the Commission and reviewed the history of the discussions regarding Strong Water Brook. SteveDibble stated that the Commission is already on record that the section behind lots 3 and 4 are is in fact a river. The Commission discussed at length the requirements and the criteria on the Rivers Protection Act. Steve Dibble stated that is it troublesome to him to declare everything upgradient a non river. John Dick stated that this process has dragged on and is costing his client a lot of money. Paul Orr objected to Mr. Dicks criticism of the Commission and noted that the project was filed piece meal, when the Commission would have much rather taken a look at this whole piece of property at the same time. He also noted that the USGS map shows this as a perennial stream and that is the issuing authority. Mr. Dick stated that this has been a frustrating process and they were concerned about defining it because of other parcels in • the area. Paul Orr noted that the question before the Commission is does the Commission want to accept the recommendation that this is an intermittent stream and not a river. Mark George asked if there was anyway to move the lots from the present locations through variances. Mr. Grenier addressed the Commission and stated that he filed the lots as he did for financial reasons and he could not have afforded to file the plan all at once. Atty. Keilty stated that they did not skirt anything by filing the lots separately. Mr. Dick noted that they have a letter of testimony from Judge Joseph Furnari that states that the stream dries up. Mr. Dick also noted that his report found that what is there is .39 water shed which is 13% of the federal standard. He also noted that they presented evidence that there was not a drought this year. • 7 The Commission discussed the options available to them. . Paul Orr stated that rather than belabor the issue anymore the Commission should make a determination. Abby Burns stated that she is not comfortable approving lot 7 when it is too close to what she considers a river. John Dick noted that the DEP has approved a Superseding Order of Conditions and the lot location has been approved. Debbie Hurlburt suggested that the Commission should take a look at the soil information. Mark George opened the hearing up for public comment at this time. There was no one present who wished to speak on this matter at this time. Mark George suggested that the Commission could close the public hearing and move onto other items on the agenda and discuss this further later in the meeting. Motion made by Paul Orr to close the Public Hearing, seconded by Abby • Burns and approved 6-0-1 with Debbie Hurlburt abstaining. Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 1) The Commission proposed to close the public hearing as per the previous discussion which included this lot as well. Motion made by Paul Orr to close the Public Hearing, seconded by Abby Burns and approved 6-0-1 with Debbie Hurlburt abstaining. Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlboroueh Road (Lot 2) The Commission proposed to close the public hearing as per the previous discussion which included this lot as well. Motion made by Paul Orr to close the Public Hearing, seconded by Abby Burns and approved 6-0-1 with Debbie Hurlburt abstaining. • 8 • Request for Certificate of Compliance - DEP File # 64-266. National Park Service, 23 Kosciusko Street - Sea Wall Rehabilitation Proiect Steve Dibble stated that he has received a request from the National Park Service for a Certificate of Compliance for the Rehabilitation of the Sea Wall at 23 Kosciusko Street. He noted that the letter has the appropriate signatures and stamp. Motion made by Abby Burns to issue a Certificate of Compliance DEP File# 64-266, National Park Service, 23 Kosciusko Street - Sea Wall Rehabilitation Project, seconded by Karen Fabiszewski and approved unanimously. Discussion on 127 Marlboroueh Road Mark George noted that the evidence has been given and asked what the wish of the Commission was. Abby Burns stated that she feels that it is a river. She noted that the USGS Map shows that it is a river, and although she feels that Mr. Dick is very competent she feels it is a river. She also noted that perhaps she wants it to be a river. She stressed that she feels that it is important to know if it is a • river or not. Karen Fabiszewski asked if there was anyone on the Commission that is comfortable that it is not a river. She further asked if there was anyone on the Commission that is comfortable that it is a river. She suggested that if no one is comfortable with either answer, then the Commission should vote to deny the project and let DEP make the determination. Debbie Hurlburt suggested that the Commission take the 21 days to draft an Order of Conditions based on the consensus of the Commission. Mark George agreed and stated that he would like to take a few days to review this. He suggested that the Commission issue a decision in two weeks. Old / New Business • 9 Discussion of Enforcement Order - Golden Eye Corporation - 4 - 10 Blaney • Street Steve Dibble reported that he has received a fax from Atty. Joseph Correnti regarding the placement of the trailer. A discussion was held on whether to require them to remove the trailer now or allow them to leave to the end of the season and have them move it at that time. Karen Fabiszewski stated that she felt that their argument did not hold much. She stated that she felt that they took advantage. Steve Dibble noted that there are two Orders of Conditions on the property and one is held by the City of Salem. A discussion was held on whether to lift the enforcement order or not. It was mentioned that illegal fill is an issue and that DEP has concerns. Mark George stated that the Commission needs a list of the issues and suggested that they have him remove trailer, and any other changes would require a detailed plan. A motion was made by Abby Burns to have them remove the trailer, seconded by Paul Orr and approved unanimously. Discussion with Atty. Keilty Regarding - 127 Marlborough Road • Atty. Jack Keilty addressed the Commission and offered to have them re- open the public hearing in order to make an inquiry of DEP if the Commission so chooses. Mark George stated that he did not need to hear from DEP. Abby Burns, Paul Orr, and Karen Fabiszewski stated that they would like to hear what DEP has to say. Motion made by Abby Burns to re open the Public Hearing for 127 Marlborough Rd. (Lot 7 part of lot 1), seconded by Paul Orr and approved 5- 0-1 with Debbie Hurlburt abstaining. Motion made by Abby Burns to re open the Public Hearing for 127 Marlborough Rd. (lot 1), seconded by Paul Orr and approved 5-0-1 with Debbie Hurlburt abstaining. Motion made by Abby Burns to re open the Public Hearing for 127 Marlborough Rd. (lot 2), seconded by Paul Orr and approved 5-0-1 with Debbie Hurlburt abstaining. • 10 • Motion made by Abby Burns to continue the Public Hearing for 127 Marlborough Rd. (Lot 7 part of lot 1), seconded by Paul Orr and approved 5- 0-1 with Debbie Hurlburt abstaining. Motion made by Abby Burns to continue the Public Hearing for 127 Marlborough Rd. (lot 1), seconded by Paul Orr and approved 5-0-1 with Debbie Hurlburt abstaining. Motion made by Abby Burns to continue the Public Hearing for 127 Marlborough Rd. (lot 2), seconded by Paul Orr and approved 5-0-1 with Debbie Hurlburt abstaining. GTE Site Abby Burns made a motion to request that the Mayor request an appropriation from the City Council for a consultant to review the GTE site not to exceed $5,000.00, seconded by Kevin Cornacchio and approved unanimously. There being no further business to come before the Commission at this meeting, a motion was made by Karen Fabiszewski to adjourn the meeting, seconded by Paul Orr and approved unanimously. The meeting was adjourned at 10:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC092498 • Salem Conservation Commission Minutes of Meeting Thursday, October 8, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, October 8, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Paul Orr, Karen Fabiszewski, Abby Burns, Kevin Cornacchio, Rebecca Curran, and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Informal Discussion with N E Mosquito Control & Wetlands Management Mark George explained that this is an addition to the agenda and is a project that will help the flooding situation at Castle Hill, and the flooding on Canal Street as well. Steve Dibble explained the locations of the proposed work. Walter Montgomery of NE Mosquito Control addressed the Commission and explained that they plan to open up a spot in the detention area and clean all • the exit pipes where there is now restricted flow. Steve Dibble b e n oted that the pond is 6 inches in depth and they have identified an area of Forest River that is clogged with sand. He also noted that this is part of the City of Salem Pilot Program to address the flooding problems around the city and all of the work is exempt from local permits. He also noted that they are looking at opening up an area of Forest River to allow water to come into the area. He also noted that they will be seeking permission from the Conservation Commission to do some mitigation work near the Volunteer Bridge which is owned by the Commission. Debbie Hurlburt stated that she thought that the exemption was only in the case of maintaining a ditch, and noted that she is not comfortable voting on this tonight. Mark George stated that no approval is needed this evening. Public Hearing - Determination of Applicability - City of Salem - Proposed renovation of Fort Pickering Light House at Winter Island Gary Moore, Manager of Winter Island addressed the Commission and explained plans to renovate the Fort Pickering Lighthouse at Winter Island. He explained that there has been no repairs done to the lighthouse in six • years. Page 1 Mr. Moore explained that the plans call for the following repairs: • Iron Work Repairs • welding of three (3) parapet braces to re-attach to conical tower • refurbish lantern bars to best accept installation of new glazings (e.g.) metal polymers that can be molded or shaped to match existing contours • refurbish access door hinges (3" x 7' case iron door) • remove exterior electrical conduit at the base of tower Painting • complete removal of rust from all iron surfaces using low pressure aggregate blast method • preparation of all white and black painted surfaces to accept primer • filling of all seams with butyl rubber or poly sulfide caulking • painting of all exposed iron surfaces with appropriate primer • painting of all black and white surfaces with second coat of primer • finish painting of all exposed surfaces with appropriate premium paint (two coats). Gloss white and flat black typical. Lantern Glass Replacement • replace present glazings with tempered laminated glass sized for code required wind load and appropriately fitted with gasket material that will prevent breakage under tower racking conditions Mr. Moore estimated that the work should last six to eight years before it would be needed again. Rebecca Curran asked if the lighthouse would be encased while the scraping is being done. Mr. Moore stated that the work would be done according to the Historic Lighthouse Preservation Manual which is included in the application. Debbie Hurlburt asked when the work would be done. Mr. Moore stated that it would be done in late April or early May of 1999. Kevin Cornacchio asked if the work would be done at low tide. Mr. Moore stated that it would be done at low tide. He noted that any activity that required material to be removed would be done at half tide. Page 2 There being no further questions or comments from the Commission at this • time a motion was made by Debbie Hurlburt to issue a Negative Determination 3 with the condition that the work be done at medium to low tide and that the lighthouse be encapsulated during the scraping of the paint toaintchi�s from revent r ! filling into the water, seconded by Abby Burns and approved unanimously. Public Hearing - Determination of Applicability - Laura Shapland - 64 Dearborn Street, Proposed 14' x 20' addition to existing house abutting the North River Ms. Shapland addressed the Commission and explained that she plans to build a 14' x 20' addition to her house at 64 Dearborn Street. She explained that the addition would not be protruding towards the North River. Rebecca Curran asked if the lot was flat. Ms. Shapland stated that the lot was flat. Kevin Cornacchio asked if they would have basement in the addition. Ms. Shapland stated that they would not have a basement, there would be a crawl space. • Mark George asked if there would be any stock piling of materials during construction. Ms. Shapland stated that there would be no stockpiling. There being no further questions or comments from the Commission at this time a motion was made by Debbie Hurlburt to issue a Negative Determination 3 with the condition that hay bales be installed around the southerly corner of the addition, seconded by Paul Orr and approved unanimously. Public Hearing - Notice of Intent - City of Peabody, 0 Marlborough Road - Proposed Construction of 18 hole Municipal Golf Course on 215 acre site located in Salem and Peabody abutting Strong Water Brook Kurt Belevance, the project manager for the City of Peabody Community Development addressed the Commission stated that he was joined this evening by Tim Gerrish, the Architect, Brad Saunders, the Engineer, and . James DeCoulas, the Surveyor. • Page 3 Mr. Saunders addressed the Commission and explained that the plans call • for the construction of an 18 hole par 71 golf course, 3400 s.f. club house and parking for 150 cars. He reviewed the layout of the proposed golf course with the Commission. He noted that they are dealing with four types of wetlands. He also stated that they are considering Strong Water Brook a perennial stream as is indicated on the USGS map. Paul Orr asked how many s.f. of BVW would be affected. Mr. Saunders stated that about 2400 s.f. and there would be no filling. He explained that they would be clearing canopy vegetation and trimming shrub and they will mitigate that by planting 24 red maple trees on the property. Mr. Saunders explained the buffer zone sediment control plan. He stated that they felt that silt fences and hay bales would not be enough protection so they are using temporary swales to collect water and divert it to sediment traps. Silt fences will be installed as a second means of defense. Mark George asked where the 21E site was in relation to their land. Mr. DeCoulas noted the location on the plan and stated that the area was capped with a geotechnical liner and were capped for stability, and it does not fall into the 21E site. • Debbie Hurlburt requested that they highlight the resource areas in Salem on the plan. Steve Dibble requested that the highlight the buffer zones as well. He also requested that they note the work limit line and a no disturb zone on the plan for the next meeting. Rebecca Curran questioned where the placement of the 20 Red Maple trees would be. Mr. Saunders stated that they would be placed in the wetlands in Salem and Peabody. Debbie Hurlburt noted that it appears that the topography of the land is very flat. Mr. Saunders stated that they would have to bring in top soil to the site, noting that there is a lot of ledge and rock on the site. He also noted that they feel that there would be a reduction in runoff from the site. • Page 4 Mr. Saunders stated that they plan to have a complete water quality • management plan. He explained that there are three elements to their plan. Source reduction which would reduce the need to apply pest and herbicide agents. Identification of turf species and a complete state of the art water irrigation system that would be linked to an onsite weather station. He also noted that the design of the golf course is a consideration in this as well. Catch basins with deep sumps will be installed. He noted that the entire plan is outlined in the Notice of Intent. Abby Burns commented that she thought that the management plan sounds great. Steve Dibble asked if organic applications were considers. Mr. Saunders stated that the program includes a mix of organic and non organic products. Kevin Cornacchio asked how the piles for the construction of the footbridge would be constructed. Mr. Saunders stated that they would be of pressure treated lumber. Mark George stated that he would like to do a joint site visit with the Peabody Conservation Commission. Steve Dibble suggested Saturday, October 24, at 8:00 a.m. • Mark George opened the hearing up to public comment at this time. Jeremy Waters addressed the Commission and stated that he is concerned about the draw from Goldwaite Brook. He stated that he is concerned about the draw down and noted that Eastman Gelatin has permits for water management there. He stated that Eastman Gelatin is permitted to draw 5 million gallons a day. Steve Dibble asked if there was any evidence of vernal pools on the site. Mr. Saunders stated that the wetlands specialist for the project did not come across and vernal pools or evidence that there might be vernal pools on the site. There being no further questions or comments at this time, a motion was made by Abby Burns to continue the public hearing to November 12, 1998, seconded by Debbie Hurlburt and approved unanimously. Page 5 • Continuation of Public Hearing - Notice of Intent - Orleans Realty Trust - 17 • Orleans Avenue - Proposed house construction within the buffer zone to Bordering Vegetated Wetlands. Mark George stated that the Commission has held a site visit to the property and noted that there was an enforcement order issued on the site in 1996. He explained that they were ordered to cease and desist all illegal filling that was taking place at that time. He also noted that they were requested to file a plan to clean up the fill by September 1, 1996 and they did not file. He noted that the illegal filling has stopped but fill remains on the site. Steve Dibble stated that he would like to see the enforcement order remain on the property. Mary Rimmer stated that the fill is proposed to be removed as part of this project. Steve Dibble stated that since the last meeting he has received revised plans from the applicant. Mary Rimmer explained the changes to the plan. Debbie Hurlburt questioned if the original contour was 136. Ms. Rimmer stated that it is hard to tell until they start excavating the material. She stated that their intention is to try and reinstate the original contours to the property. • Mark George requested that the applicant provide the Commission with a copy of the deed, noting that there is an easement which shows on the plan but is not on the deed. Mark George opened the hearing up to Public Comment at this time. Claire Dion of 19 Orleans Avenue addressed the Commission and expressed her concerns about the elevations of the property. Mr. Gallo addressed the Commission and requested that they plant trees as screening from Highland Avenue. Debbie Hurlburt explained that they could plan trees as long as it is part of the construction, but once the construction is complete that would be a no cut no disturb zone. She suggested that they file for anticipated landscaping prior to the end of construction. Steve Dibble stated that he would like to see them bring in the contour to 132 elevation on either side of the fill and stated that it could be done within the easement. Mark George suggested that Steve Dibble work out the location of the • easement when he gets the deed from the applicant. Page 6 Mary Rimmer stated that the hay bale line would be revised to reflect the • change in the work area. Steve Dibble stated that it should be noted on the plan that the fill is going to be removed, and it should also be noted what the contour will be changed to. There being no further questions or comments at this time, a motion was made by Paul Orr to'close the Public Hearing, seconded by Karen Fabiszewski and approved unanimously. Steve Dibble suggested that a decision could be crafted and approved at the next meeting. Public Hearing - Notice of Intent - Transit Realty Associates, LLC representing the MBTA - Proposed Construction of a Parking Garage drainage facilities, and bus layoff area at the Salem Depot Steve Dibble reported that the application from the MBTA has been withdrawn. Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 • Marlborough Road (Lot 7 - Part of Lot 1) John Dick addressed the Commission on behalf of his client Mr. Grenier. He stated that his preference would be for the Commission to declare it NOT a river, but if they are going to deny it he would rather they continue the hearing again until they get information from DEP. He noted that he has received no answer from DEP. Mark George stated that he would support a continuation, noting that he has pictures that indicate that there is water there, which show a compelling argument that this is a river. He also noted that the USGS maps show it as a river also. Steve Dibble stated that there are three parties that can declare that this is not a river. The DEP, The Salem Conservation Commission, and Conservation Commission staff. He stated that he is of the opinion that this is a perennial river. He stated that he is basing his conclusion on the fact that it is shown on the USGS maps and lack of information that proves otherwise. • Page 7 John Dick questioned if Steve Dibble has been there in August. Steve Dibble • stated that he did not go out to the site this past August. Mr. Dick stated that he was there once a week this past August and did not see any water. Paul Orr noted that the Commission has two choices. Declare it River or NOT a river. He suggested that the Commission needs to decide if their evidence substantiates their claim that it is not a river. Mr. Orr stated that he personally would go with the USGS map, noting that they have presented decent evidence but it is not compelling or overwhelming. Abby Burns stated that she feels that lot 7 would impact the river. Mr. Dick requested that the Commission continue the Public Hearing so that they can get an opinion from DEP. Motion made by Paul Orr to continue the Public Hearing on Lot 7 - Part of Lot 1 to October 22, 1998, seconded by Abby Burns and approved 5 - 0 - 1 with Rebecca Curran abstaining. Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 1) • Motion made by Paul Orr to continue the Public Hearing on Lot 1 to October 22, 1998, seconded by Rebecca Curran and approved 5-0-1 with Rebecca Curran abstaining. Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 2) Mr. Dick requested that the Commission close the public hearing on this lot and condition the outer riparian zone if it is a river. Steve Dibble suggested that the Commission impose a no cut no disturb zone in rear of the RC zone section of lot 2. A discussion was held on the location of the driveway. The Commission discussed conditions for this lot. Steve Dibble suggested that the conditions that were imposed on the last approved lot for this development be used for this approval. A not cut no disturb zone for the inner riparian zone should be mathematized on the plan. Mark George requested that stones be placed in area to define it noting that unless this is done this will become a lawn. Page 8 • Motion made by Paul Orr to close the Public Hearing, seconded by Abby Burns and approved 5-0-1 with Rebecca Curran abstaining. Motion made by Paul Orr to approve Lot 2 with the same conditions that were imposed on Lot 3 with the addition of a wetland resource area NCND area as well, with stone bounds, a minimum of three along the RC line 4 feet long, seconded by Abby Burns and approved 5-0-1 with Rebecca Curran abstaining. OL /NEW BUSINESS Discussion on Enforcement Order Goldeneye Corporation Mark George reported that he has not heard from the Atty. Representing Goldeneye Corporation regarding the removal of the trailer. Paul Orr suggested that until the conditions that were placed on the Order of Conditions are met, the Enforcement Order should remain in effect. Discussion regarding the GTE Sylvania /Salem State College Site Mark George reported that the clock is ticking on the GTE site as Salem State College assumes full responsibility for the site on December 1, 1998. He noted that there are still a lot of questions and concerns regarding the work that was done on the land fill site. Steve Dibble reported that the Commission is in the process of hiring a consultant to advise the Commission on the condition of the site. There being no further business to come before the Commission at this meeting, a motion was made by Karen Fabiszewski to adjourn the meeting, seconded by Paul Orr and approved unanimously. The meeting was adjourned at 11:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk CC 100898 Page 9 • Salem Conservation Commission Minutes of Meeting Thursday, October 22, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, October 22, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Paul Orr, Abby Burns, Kevin Cornacchio, Rebecca Curran, and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Chairman Mark George called the meeting to order at 7:00 p.m. Paul Orr moved to recess to join the Salem City Council for a presentation by Salem Sound 2000, seconded by Abby Burns and approved unanimously. Chairman Mark George reconvened the meeting at 7:30 p.m. Paul Orr moved to recess for a joint meeting of the Planning Board, Board of Appeal, and Conservation Commission to discuss collaboration between the three boards, seconded by Kevin Cornacchio and approved unanimously. • Chairman Mark George reconvened the meeting at 8:30 p.m. Approval of Minutes Abby Burns moved and Paul Orr seconded a motion to approve the minutes of the meetings of September 10, 1998 and September 24, 1998 as amended. The motion was approved unanimously. Public Hearing- Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 7 - Part of Lot 1) John Dick addressed the Commission and requested that they continue the public hearing until he is able to contact DEP regarding the questions on the decision. Paul Orr noted that he attended a seminar given by Heidi David of DEP and the topic was "When is a River not a River". He noted that the New England Regional Office Rivers Coordinator stated that if it is on the USGS map, that is a good way to tell if it is a river or not. He also noted that if it has a name of significance that is also a determining factor. • John Dick stated that he noted from the get go that he was giving the Commission facts to prove that it was not a river. He again reiterated his claims that the river is dry at certain times of the year. Paul Orr suggested that a way to get an answer from DEP would be for the Commission to deny the request and force DEP to render a decision in the appeal process. Abby Burns agreed noting that she would like to hear what DEP has to say. Mr. Grenier stated that he would prefer to get the information from DEP rather than a denial from the Commission. Rebecca Curran moved and Abby Burns seconded a motion to continue the public hearing to November 12, 1998. Public Hearing- Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 1) Motion made by Paul Orr to continue the Public Hearing on Lot 1 to November 11, 1998, seconded by Rebecca Curran and approved unanimously. • Request to Amend Order of Conditions - Joseph Grenier - 137 Marlborough Road -Lot 3 John Dick addressed the Commission and stated that the lot that they are requesting the amendment for is impacted and he wants to move the building back and allow him to slope it and fill away from the driveway to half of what it is. Steve Dibble suggested that on each lot they should be required to show a proposed topography of the existing conditions. Debbie Hurlburt suggested that they should pitch the driveway to the left and use a vegetated swale. She also noted that under the regulations a modification if it is substantial enough would require a new hearing. Steve Dibble noted that a full no cut no disturb zone on the inner riparian zone has been conditioned. If they come back with a new plan it should be shown on the plan and stone bounds should define it on the property at the completion of the project. Mark George questioned if a new public hearing is required. Rebecca Curran stated that the Commission has made several changes to this plan without a • • new public hearing. Steve Dibble stated that he did not see that a new hearing is needed. A motion was made by Abby Burns to continue the matter until the next meeting on November 12, 1998, seconded by Paul Orr and approved unanimously. Issuance of Order of Conditions - Notice of Intent - Orleans Realty Trust - 17 Orleans Avenue - Proposed House Construction within the Buffer Zone to Bordering Vegetated Wetlands Steve Dibble noted that the Public Hearing on this matter is closed and the Commission needs to issue an Order of Conditions. He noted that Mike Collins has not reviewed the new plans and the owners need to schedule a meeting with him. He noted that the new plan shows the easement. The Commission reviewed conditions for the project. The following conditions were imposed: 1, 2, 3, 4, 5, 6, 7, 12, 13, 14, 15, 16, 17, 18, 20, and 21. Mark George also requested that the applicant provide a copy of the deed to • the Planning Department, and that the as built plans be submitted back to the Commission as part of the package for compliance. It was also suggested that hay bales be installed along the rear lot line. Debbie Hurlburt suggested that the applicant should inquire in writing to the Assistant City Engineer about the proposed grading post construction. Motion made by Abby Burns to issue the Order of Conditions for Orleans Realty Trust, seconded by Paul Orr and approved unanimously. Old/New Business Discussion of ongoing conditions for DEP file#64-238 Stop & Shop Steve Dibble noted that Stop & Shop project is progressing and they are aiming for a December opening. He noted that there are several ongoing conditions that were made on that approval and the Commission should review the decision and keep an eye on that. Discussion on GTE / Sylvania Decision • • Debbie Hurlburt noted that several of this issues that she had regarding the area were duplicated in the RFP that was issued for the consultant. She questioned if the consultant would be able to review the work and make a recommendation to the Commission before Salem State College takes over the property in December. Steve Dibble stated that there would be a presentation on November 12 and a report will be given to the Commission prior to the meeting. There being no further business to come before the Commission at this meeting, a motion was made by Karen Fabiszewski to adjourn the meeting, seconded by Paul Orr and approved unanimously. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eil en M. Sacco, Clerk CC 102298 • w t (� Salem Conservation Commission Minutes of Meeting Thursday, November 12, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, November 12, 1998 at 7:00 p.m, in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Kevin Cornacchio, Rebecca Curran, and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Chairman Mark George called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the meeting of October 22, 1998 were presented for approval. Motion made by Rebecca Curran to approve the minutes of the meeting of October 22, 1998 as written, seconded by Kevin Cornacchio and approved unanimously. Public Hearing - Determination of Applicability - City of Salem - Proposed • removal of underground fuel tanks at Winter Island Park Building Inspector Peter Strout addressed the Commission and explained that there are underground fuel tanks at Winter Island that need to be removed. He showed the Commission a plan which identifies the approximate locations of the tanks. He noted that some of the areas are definite locations and the remainder need to be positively identified. Mr. Strout noted that the tanks were used for the storage of gas, heating oil, and aviation fuel. Kevin Cornacchio asked if it is known when the tanks were last sounded. Mr. Strout stated that they do not know. He noted that the city took over the property from the Coast Guard and it is uncertain when the last testing might have been. He also noted that they are looking for federal funds to aid in the removal of the tanks. Mr. Strout stated that they are under the gun on this submittal because the federal government has ordered that all tanks be removed by December. He noted however that because this just came to their attention if they have all of the paperwork in process by December 20, 1998 that will have a year to • complete the project. If the paperwork is not in process there are daily fines imposed. Page 1 r • Debbie Hurlburt noted that Mr. Strout implied that they would be doing some scratching in the area and asked who would be doing that. Mr. Strout stated that the city would be doing some of it themselves. Mark George stated that it is difficult to issue an Order of Conditions if the locations of the tanks are not certain. Steve Dibble suggested that the could pump the tanks out if they need to. Debbie Hurlburt reminded Mr. Strout that if any of the tanks are within 100 feet of the coastal bank it is within the jurisdiction of the Commission and no pumping can occur without the Commission's approval Mr. Strout reported that the state will give them a year to complete the project and they may not be able to get started until the spring. In the meantime they will do some testing to locate the tanks and will get the paper work started. Kevin Cornacchio stated that he would like to see some monthly monitoring of the area to see if there is any leakage occurring from the tanks. Debbie Hurlburt suggested that the Commission send a letter to DEP noting • that they have been in touch with the Commission and they are in process of taking care of the matter. Motion made by Debbie Hurlburt to continue the public hearing to December 10, 1998, seconded by Kevin Cornacchio and approved unanimously. Continuation of Public Hearing - Notice of Intent - Kenneth Gelpy - Proposed house construction at 435 Lafayette Street in buffer zone to salt marsh and over land subject to coastal storm flowage Dwelling proposed to be constructed on piles. Mark George informed the applicant that there is not a quorum to hear this matter this evening. He explained that he is recusing himself from this matter because of a possible conflict of interest. The applicant agreed to continue the Public Hearing to December 10, 1998. Motion made by Kevin Cornacchio to continue the public hearing to December 10, 1998, seconded by Rebecca Curran and approved unanimously. The Commission scheduled a site visit for November 14, 1998 at 8:00 a.m. • Page 2 • Discussion: Rimmer Environmental Consulting - presentation of report on examination of Order of Conditions. DEP file#64-194 for Salem State College (former GTE Sylvania). 71 Loring Avenue concerning Restoration / Revegetation Plan Mark George noted that Mary Rimmer is present this evening to explain her report on the examination of the Order of Conditions that was issued to GTE /Sylvania. He also noted that he invited former Conservation Chairwoman Betsy Horne to join in the discussion since she was on the Commission when it was approved. Ms. Rimmer reviewed her report with the Commission. She explained the steps that she took to review the material as a direct response to the scope of the work that was outlined in the RFP as follows: 1 Review Monitoring Plan entitled "Restoration/Revegetation Plan - May , 1993 2 Contact with Wetland Specialist 3 Review of Reports dated June 15 and December 15 4 Conduct Site Inspections 5 Status of the Bond • 6 Duplicate Photographic Stations 7 Inspect Revegetation Planting Scheme 8 Inspection of Areas Outside of the Buffer Zone or Wetland 9 Review Phragmites Reduction Areas 10 Review Monthly Reports 11 Review Site and Plan for Concurrence on Excavation 12 Review "Target Restoration" Area to Confirm Restoration to Salt Marsh 13 Review of Order of Conditions Details of the finding regarding these topics are in her report dated November 10, 1998. Ms. Rimmer noted that the review of the Order of Conditions revealed that the applicant has substantially complied with the order. She noted that particular emphasis was placed on the 35 Special Conditions in the order. Ms. Rimmer stated that she did not find that they planted as densely as they had planned and they have had two growing seasons so there should be some sign that the plantings took. She also noted that the overall elevations were lower than what was anticipated. • Page 3 • Mark George suggested that perhaps the vegetation is not taking well could be the result of the closing of the tidal gates at Forest River. Mary Rimmer stated that she was not sure but that she did not think that would have much of an impact since it is only for a few weeks a year. Ms. Rimmer explained that the performance bond is still in place and will remain there until the Commission releases the holder of it. Rebecca Curran noted that since Salem State College takes ownership in December they will have to provide the bond. The areas that she recommends that need to be addressed are the Phragmites, the baseball field, the planting of the shrubs, the salt marsh plantings and the trench. A letter from Park and Recreation Director Larry McIntire was read into the record regarding the baseball field at Jackman Park and the unacceptable condition of it you use by children. Debbie Hurlburt recommended that Ms. Rimmer write a letter to the Commission with a recommendation on how the Commission should proceed with her findings. • Ward Seven Councillor Mark Blair addressed the Commission and stated that he lives across from the area and noted that their reports regarding the monitoring is that everything is fine, but he noted that he has never seen them out there testing. Atty. Guidi noted that the restoration plan has a five year life to it, however it does not mean that it should take five years for them to complete it and they are out of compliance. A motion was made by Rebecca Curran to adopt the report and concur with the findings and based on the report the applicant has not met the conditions in the Order of Conditions, and the Commission requests a recommendation from Rimmer Environmental as to what they recommend to remedy the findings, seconded by Debbie Hurlburt and approved unanimously. Continuation of Public Hearing - Notice of Intent - City of Peabodv- 0 Marlborough Road - Proposed Construction of 18 hole golf course on 215 acre site in Salem and Peabody abutting Strong-water Brook The Commission reviewed the Order of Conditions that was issued by the Peabody Conservation Commission. • Page 4 . Mark George asked if the members had any questions from the site visit. Rebecca Curran questioned the use of herbicides and pesticides. Mr. Belevance stated that they would be using appropriate pesticides in the resource areas. Steve Dibble questioned if the City of Peabody requested a no cut no disturb zone. He noted that he would like to see a NCND zone on the plan. Mr. Belevance suggested that the NCND zone could follow the limit if work line noted on the plan. Mr. Belevance explained that they are not going to rely on haybales for this project and they are going to use silt fences wit sediment traps. Steve Dibble noted that Paul Orr was unable to be here this evening, and he is concerned about the replication with regards to the location of the proposed tree plantings. Mr. Belevance stated that the trees would be planted throughout the site in both Salem and Peabody. Debbie Hurlburt asked if any vernal pools were found on the site. Mr. Belevance stated that the wetlands specialists did not locate any . • Motion made by Debbie Hurlburt to close the public hearing, seconded by Kevin Cornacchio and approved unanimously. Motion made by Debbie Hurlburt to issue an Order of Conditions for the project, seconded by Rebecca Curran and approved unanimously. The Commission discussed special conditions for the project as follows: 1, 2, 3, 4, 6, 7, 12, 13, 14, 15, 16*, 18* and 21. 16* was amended to read that the NCND zones as shown on the clearing plan will be outside the limit of work area. 18* was amended to mirror the language of the Peabody Conservation Commission Order of Conditions#43 Motion made by Rebecca Curran to approve the special conditions for the City of Peabody Golf Course, seconded by Kevin Cornacchio and approved unanimously. • Page 5 • Continuation of Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 7 - Part of Lot 1) Mark George explained to the applicant that there are not enough members present this evening to vote on his applications for lot#7. Motion made by Debbie Hurlburt to continue the public hearing to December 10, 1998, seconded by Kevin Cornacchio and approved unanimously. Continuation of Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 1) Mark George explained to the applicant that there are not enough members present this evening to vote on his applications for lot#1. Motion made by Debbie Hurlburt to continue the public hearing to December 10, 1998, seconded by Kevin Cornacchio and approved unanimously. Request to Amend Order of Conditions - DEP File# 64-281 - Joseph Grenier - • 137 Marlborough Road Mr. Grenier appeared before the Commission to build a home next to the Bordering Vegetated Wetland. Mr. Grenier explained the plan and his request to move the location of the house on the lot. Steve Dibble stated that the explained change was larger that he anticipated g g P and he is uncomfortable with it. Debbie Hurlburt stated that she was not comfortable with the home being located right next to the BVW and that there should be at least a 5' buffer. The Commission discussed alternatives with Mr. Grenier. It was suggested that a NCND zone along the entire BVW be put in place and noted on the plans. Motion made by Debbie Hurlburt to amend the Order of Conditions#64-281 subject to the submission of revised plans to the Commission, and placing markers along the NCND zone along the entire BVW, seconded by Kevin Cornacchio and approved unanimously. • Page 6 • Extension of Order of Conditions - Technology Way Business Park DEP file #64-152 and 64-153 Atty. Joseph Correnti addressed the Commission and introduced Janice Hannert of Fafard to answer concerns that the Commission may have regarding the extensions. Atty. Correnti noted that it is extremely valuable to have these sites permitted in terms of marketing them. He explained that several companies are interested in the sites and they hope to close a deal soon. The Commission expressed concern that the sites have not been developed and suggested that the developer should do the improvements to one of the sites before this extension runs out. Motion made by Rebecca Curran to extend the Order of Conditions for#64- 152 until November 20, 2000, seconded by Kevin Cornacchio and approved unanimously. Debbie Hurlburt indicated that the lot at Traders Way and First Street could have the improvements done and should do so prior to the order expiring • because the Commission may not be willing to extend the order again. Motion made by Debbie Hurlburt to extend the Order of Conditions for#64- 153 for 12 months, seconded by e Cornacchio and approved unanimously. Request to Amend Order of Conditions DEP File# 64-278 - Salem Ferry, Blaney Street Mark George reviewed a letter to the Commission from Atty. Joseph Correnti requesting an amendment to the order of conditions for the Salem Ferry. He requested that five items be excluded from the provision of the conditions that require that the site be dismantled by December 1, 1998. Steve Dibble addressed the Commission and reported that they would like to leave the handicapped parking spaces in tact, as there is a possibility that the Ferry service will resume next year. Motion made by Rebecca Curran to amend condition#12 to exclude the five requested items, and allow them to remain on the site, seconded by Kevin Cornacchio and approved unanimously. • Page 7 • Debbie Hurlburt asked about the status of the gas spill that occurred in July at the Ferry site. She noted that she has serious concerns about that. Mark George agreed and noted that he is tired of the City and their handling of that matter. He suggested that the Commission issue an enforcement order to the City for the spill. Steve Dibble addressed the Commission and stated that he has been in touch with John Keenan and the matter is being taken care of. He also noted that the city has full intentions of closing the property by December 1, 1998. There being no further matters to come before the Commission at this meeting, a motion was made by Rebecca Curran to adjourn the meeting, seconded by Debbie Hurlburt and approved unanimously. The meeting was adjourned at 11:15 p.m. Respectfully submitted by: J Eileen M. Sacco, Clerk CC 111298 Approved by the Conservation Commission 12/10/98 • • Salem Conservation Commission • Minutes of Meeting Thursday, December 10, 1998 A regular meeting of the Salem Conservation Commission was held on Thursday, December 10, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Kevin Cornacchio, Paul Orr, Abby Burns, Karen Fabiszewski, and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Approval of Minutes The minutes of the meetings of February 12, 1998 and November 12, 1998 were presented for approval. Motion made by Abby Burns to approve the minutes as amended, seconded by Debbie Hurlburt and approved unanimously. Continuation of Public Hearing - Determination of Applicability - City of Salem - Removal of Underground Storage Tanks - Winter Island • Michael Geiser addressed the Commission and explained that they are planning to remove tanks 3, 4, and 5 in the first phase. He noted that tanks 3, 2, 1, and 8 are within the jurisdiction of the Commission. Debbie Hurlburt asked if they had been in contact with DEP. Mr. Geiser stated that they have been and as along as the show that a diligent effort is being made to remove the tanks by December 27, 1998 no fines will be imposed. Ms. Hurlburt asked if they were comfortable with the locations of the UST's. Mr. Geiser state that they were and the rest of the locations would be searched electromagnetically. Debbie Hurlburt noted that some of the tanks are located close to the resource area. She suggested that they should file a NOI for UST's 3, 2, 1, and 8, due to the sensitivity of what that work involves. She noted that the tanks that are not in the jurisdiction of the Commission do not have to be included in the NOI. Mark George stated that he felt that it would be good to get a couple of the tanks out of there to see what they are dealing with. Mr. Geiser stated that UST's 5, 4, 6, 7, and 9 are not in the jurisdiction of the Commission. • Page 1 Steve Dibble noted that he is concerned about the possibility of fines being imposed. Debbie Hurlburt stated that they have enough work that is outside of the jurisdiction of the Commission to satisfy the State that they are diligently working to remove them. Mark George asked for Public Comment at this time. There being no a motion was made by Debbie Hurlburt to issue a Positive Determination, seconded by Paul Orr and approved unanimously. Public Hearing - Determination of Applicability - Harmony Grove Trust Bernard Weinstein addressed the Commission and explained the plan. Steve Dibble noted that he received a complaint on November 18, 1998 that excavation work was being done near the North River. He noted that an enforcement issued to stop the paving of the Parking Lot. Paul Orr stated that he has a problem with stockpiling snow in the inner riparian zone, and suggested that he would like to see them find an alternative area for the stockpiling. Mr. Weinstein noted that he has one located on the plan. Debbie Hurlburt stated that she thought that it was a good plan. She stated • that she would like to see the locations of the trees marked on the plan. Steve Dibble suggested that the landscape architect in the Planning Department can review the plan. There being no further questions or comments on the matter a motion was made by Paul Orr to issue a Negative Determination 3 with conditions, seconded by Debbie Hurlburt and approved unanimously. Continuation of Public Hearing - Notice of Intent - 435 Lafayette Street Mark George recused himself from discussion of this matter and Debbie Hurlburt assumed the Chair. Steve Dibble reported that a site visit was held and the Commission walked the site at high tide on December 4, 1998. He also noted that he has received many letters from neighbors both for and against the project. • Page 2 Those sending letters in favor of the project were as follows: • Herbert Osborne 420 Lafayette Street ( this letter was later withdrawn when another letter was sent in opposition) Richard Moore 437 Lafayette Street City Councillor Kevin Harvey Letter were received from the following residents in opposition to the project: Donald Dansereau - 1 Raymond Road John Brennan - 419 Lafayette Street Robert and Cynthia Webster Stefan and Judith Picciotto Mr. & Mrs. Jeff Rouge Michael Dunn 430 Lafayette Street Roxanne Jalbert 430 Lafayette Street Attorney George Atkins addressed the Commission on behalf of his client. John Dick of Hancock Engineering was also present. Atty. Atkins explained the site. He noted that the house would be built on • pilings. He explained that the placement of the pilings would result in two of them being located in the salt marsh. He stated that from a common sense stand point no harm would come to the resource area. John Dick addressed the Commission and stated that they have been to the site and there should be no concern about the location of the pilings with regards to the fragmites. Abby Burns asked how big the curb cut would be. Mr. Dick stated that the curb cut would be 40 feet. Debbie Hurlburt asked if the Army Corp. permits have been applied for. Mr. Dick stated that the concern of the Army Corp. would be the pilings and other than that they have no jurisdiction. Debbie Hurlburt suggested that she would like to see them file with the Planning Board so that the Commission would be aware of what their requirements would be. Page 3 • Debbie Hurlburt asked if the proposed height of the house meets the zoning is requirements. Atty. Atkins stated that the height of the proposed house was within the requirements. Debble.Hnrlburt openect.the hearing up for Public Comment at this time. Gretchen Bardini addressed the Commission and expressed her concerns about the size of the property and the potential flooding, and the effect that if would have on wildlife. Richard Moore of 437 Lafayette Street addressed the Commission and expressed his opinion that this project would improve the neighborhood. Stehano Picciotto addressed the Commission and expressed his concern about the high storm water that goes over the wall in a big storm. He also stated that he was concerned about the impact on the marine life. Ward Seven Councillor Mark Blair addressed the Commission and stated that he is concerned about the storms as well. He noted that at times in blizzard conditions the water does go over the wall. Roger Gelpy, the son of the owner addressed the Commission and stated that • prior to purchasing the property his father investigated the property thoroughly. Athena Picciotto addressed the Commission and stated that she did not want the house built because it would take all of the marshy stuff away and it is important. Atty. Atkins addressed the Commission and stated that this is a fairly simple proposal and there would be no prevention of the use of the easement that is there. He also noted that the catch basin problem in that area is not Mr. Gelpy's and the City of Salem needs to solve that problem. It was suggested that the Commission continue the Public Hearing to February 25, 1999 and that the applicant should get the information from DEP and the Chapter 91 Waterways License as requested by the Commission. Motion made by Paul Orr to Continue the Public Hearing to January 28, 1999, seconded by Kevin Cornacchio and approved unanimously. Page 4 S4vf4z. b,'I Lle, nAl d 4A� o% '54 ex4s. -, dais is Mark George returned to the meeting at this time. Continuation of Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 7 - Part of Lot 1) Mr. Grenier requested that the Commission deny his request and he will appeal to DEP. He noted that his efforts to obtain an opinion from DEP have been unsuccessful and this would be a way for him to get an answer. Motion made by Paul Orr to deny the application for 137 Marlborough Road (Lot 7- Part of Lot 1), seconded by Kevin Cornacchio and approved unanimously. Continuation of Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 7) • Mr. Greasier requested that the Commission deny his request and he will appeal to DEP. He noted that his efforts to obtain an opinion from DEP have been unsuccessful and this would be a way for him to get an answer. Motion made by Debbie Hurlburt to deny the application for 137 Marlborough Road (Lot 7- Part of Lot 1), seconded by Abby Burns and approved unanimously. Continuation of Public Hearing - Notice of Intent - Joseph Grenier - Proposed House Construction within the buffer zone to Strong Water Brook at 137 Marlborough Road (Lot 1) Mr. Grenier stated that he would like to continue lot 1 and see what happens with the other two lots at the DEP level. He stated that he was requesting this for financial reasons so as not to have to pay the filing fees again. Debbie Hurlburt stated that she would like the administrative records on this matter to be clean and it would be in Mr. Greniers best interest to have this lot be treated similar to lot 7 and part of lot 1 that way as well. She suggested that the Commission could waive the filing fees for Mr. Grenier for lot#1 until April 1, 2000. • Page 5 • Motion made by Abby Burns to deny the application for 137 Marlborough Road Lot 1 and to wiave the filing fee on the lot for a resubmission until April 1, 2000, seconded by Karen Fabiszewski and approved unanimously. 137 M 1 r u ar bo o gh Road (Lot 3)- Request for Amendment of Order of Conditions#64-281 Mr. Grenier addressed the Commission and requested that the 0 of C for Lot 3 be amended to allow for the construction of an above ground pool and deck. He noted that the prospective buyer has indicated that he would like to do that at some point. Motion made by Abby Burns to amend Order of Conditions# 64-281 for 137 Marlborough Road, Lot 3, seconded by Karen Fabiszewski and approved unanimously. Old/New Business GTE /Sylvania Steve Dibble informed the Commission that the formal recommendation has • been received from Rimmer Associates as requested by the Commission. Mosquito Control Project Steve Dibble reported that the Commission has been asked to comment on the project if they so choose. Salem Ferry Steve Dibble reported that all work was completed by December 1, 1998. He stated that they will be looking for a Certificate of Compliance when the gas spill is cleaned up. He also noted that legally it was not necessary to clean up the amount that was spilled, but they are moving forward with the clean up as planned. The cost for the cleanup will incurred by Harbor Express, the Oil Company and the City will each pay 1/3. Burnham Associates Steve Dibble reported that DEP has issued a superseding Order of Conditions for the Burnham property on North Street. • Page 6 17 Orleans Ave.- Amend Order of Conditions Steve Dibble reported that he has had a request to amend the Order of Conditions for 17 Orleans Avenue, specifically condition#15. Motion made by Abby Burns to amend the Order of Conditions, seconded by Kevin Cornacchio and approved unanimously. There being no further matters to come before the Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Debbie Hurlburt and approved unanimously. The meeting was adjourned at 10:30 p.m. Respectfully submitt by: �n Q E' een M. Sacco, Clerk CC 121098 Approved by the Commission as amended on January 28, 1999 • Page 7 I I