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1999-CONSERVATION COMMISSION Salem Conservation Commission Minutes of Meeting Thursday, January 28, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, January 28, 1999 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. Stormwater Management Workshop A discussion of roadway sand and Best Management Practices (BMP'S) was held from 7:00 - 8:00 p.m., sponsored by Mayor Stanley J. Usovicz with invited parties from the Planning Board, City Engineer, Parking Director, Health Agent, City Planner, Clerk of the Works, Park Superintendent, Salem Public Schools, Salem State College, and Salem Sound 2000. Approval of Minutes • The minutes of the meeting of December 10, 1998 were presented for approval. Motion made by Debbie Hurlburt to approve the minutes of the meeting of December 10, 1998 as amended, seconded by Kevin Cornacchio and approved unanimously. Discussion with Salem State College Mr. Ed Adleman of Salem State College addressed the Commission and a discussion was held as to the possibility of Salem State College retaining the services of Rimmer Environmental to make a proposal to complete the work that needs to be done on the GTE site. Debbie Hurlburt noted that she could foresee that the Commission may have the need to use the services of Rimmer Environmental to review the work at some time and suggested that they should use another company. Mark George asked where they were in the planning process. Mr. Adleman stated that they would be ready to present a plan and response to the report for the March 11, 1999 meeting. Debbie Hurlburt suggested that the Commission could hire Mary Rimmer to • oversee the project and review the report to insure compliance with it. Page 1 Public Hearing - Determination of Applicability - House of Seven Gables • MGL Chanter 91 Amnesty License for Existing Structures at 54 Turner Street The applicant requested to withdraw the application. Motion made by Debbie Hurlburt to allow the applicant to withdraw the application without prejudice, seconded by Abby Burns and approved unanimously. Request to Amend Order of Conditions DEP File#64-281 - Joseph Grenier - 137 Marlborough Road (Lot 3) Mr. Grenier addressed the Commission and stated that he was requesting the amendment on behalf of the prospective buyer who would like some answers before he purchases the property. He explained that the buyer would like to have a deck on the back of the house, and an above ground pool. He explained the location and noted that they are also requesting to pave the driveway. Debbie Hurlburt suggested that they leave it gravel and reduce the grade. She also stated that she would like to see a 6 inch revere with weep holes. • Motion made by Karen Fabiszewski to amend the Order of Conditions as suggested, seconded by Abby Burns and approved unanimously. Request for Certificate of ComDhance - Salem Ferry - DEP File#64-278 Steve Dibble stated that the request has been withdrawn as there are several issues related to the property that need to be addressed. He noted that the oil clean up had been done on 12/28/98 and it was found to be a legal spill. He also noted that the barrels had been removed today, although he had not checked the site to see that it had been done. Mark George explained that there are several issues regarding this property, noting that the septic tanks are encroaching on the adjacent Power Company land. Debbie Hurlburt suggested that enforcement orders should be issued. She also expressed concern that no Title V permits had been applied for in the process. Mark George stated that he would like to have Asst. City Solicitor John Keenan look at all of the file and advise the Commission. • Page 2 Continuation of Public Hearine - 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 Diles. Mark George recused himself from discussion of this matter. Debbie Hurlburt assumed the chair. Atty. George Atkins addressed the Commission and stated that an Army Corp. permit is not required for the project as long as they change the location of two of the pilings. He noted that they have submitted a revised plan showing the change in location of the pilings. Atty. Atkins also noted that a Chapter 91 License is not required because it is above the MHW. Atty. Atkins also stated that they will be filing with the Planning Board to be on the agenda at their next meeting. A discussion was held on the drainage and the effects on Lafayette Street. Atty. Atkins explained that they will be installing a stone swale to take the water away from the Phragmites and carry the water away. Abby Burns asked to have the location of the snow storage areas explained and the location of the driveway. Debbie Hurlburt suggested that it would be • helpful to the Commission if they could see a cross section of the driveway. Mr. Gelpy stated that there would be no filling what so ever and that there would be a bridge constructed that would lead from the wall to the garage. He also explained that the basement would be above the 100 year flood. Debbie Hurlburt opened the hearing up to public comment at this time. Ward Seven Councillor Mark Blair addressed the Commission and expressed his concern about the addition of stairs on the proposed decks. He stated that he wanted to be sure that the Commission considers what is on the plan. Mr. Blair also questioned what kind of equipment would be used during construction. Mr. Griffin stated that the piles would be driven from Lafayette Street and there would be no machinery in the resource area at all. Atty. Atkins noted that Philip Pelletier of North Shore Marine would be doing the work. Michael Dunn of 430 Lafayette Street addressed the Commission and expressed his concern about the two piles that they have moved on the plan. Atty. Atkins explained that they would have supported the back of the garage and they were asked to move the piles out of the wetland. • Page 3 • Stefano Picciotto of 418 Lafayette Street addressed the Commission and noted that the petitioner owns the land and there is no hardship here. He noted that he knew the condition of land when he purchased it. He noted that the conversation here this evening seems to be leaning toward approval and he noted that the neighbors are opposed to this project. Debbie Hurlburt noted that the Commission can only consider matters that are within the purview of the Commission and that they must here all matters pertaining to the request. Dana Lothrop of 55 Raymond Road addressed the Commission and expressed his concern about the easement and the size of the easement that they are portraying on the plan. Atty. Atkins addressed the Commission and noted that the building will sit on 26 pilings upgradient from the wetland. He stressed that there cannot be any changes made to the easement over the waterfront. Steve Dibble questioned what would happen to the coastal bank if the water covered it. Atty. Atkins noted that it would erode. Debbie Hurlburt expressed her concern about the coastal bank. She noted that if there is a rise in the water it would have a global effect and the bank • would erode. She noted that she is not as worried about flooding. She also noted that intense storm activity can lead to a storm against the building. Atty. Atkins described the area and noted that the area is not subject to wave action. Mr. Dunn addressed the Commission again and questioned why he was not notified as an abutter since he is affected by the easement. Debbie Hurlburt explained that a ruling from the City Solicitor stated that they were not required to notify abutters of the easement. Mr. Picciotto questioned who owned the wall. He stated that he felt that the city owned the wall. Mr. Picciotto stated that he would call the project a nuisance. Paul Orr stated that, that is not something that is within the jurisdiction of the Commission. Abby Burns stated that she is concerned about the erosion. John Dick addressed the Commission and stated that the water would only come up that high with a 100 year storm and they are not common here. He also noted that the bank may erode, but that is a natural process allowed by law. • Page 4 . Steve Dibble suggested that the Commission could condition the project with a mathematized easement for the drainage. There being no further questions or comments at this time, a motion was made by Abby Burns to close the public hearing, seconded by Paul Orr and approved unanimously. The Commission held a brief discussion on the proposal. Debbie Hurlburt stated that she is concerned that it is a coastal bank and there is small vegetation that could be affected by the wave action. Paul Orr stated that he would like to think about this. He stated that he has concerns and he is walking the line for a fair interpretation of the act and what is within the jurisdiction of the Commission. Karen Fabiszewski stated that she would like more time to review the information. Kevin Cornacchio stated that he would like more time to review the information as well. The Commission decided hold off making a decision on the project until the next meeting on February 11, 1999, which is within the 21 days allowed by Sthe act. OLD /NEW BUSINESS Mark George requested that Steve Dibble check on the status of the Animal Hospital on Highland Ave. Steve Dibble reported that there has been a MEPA filing on the Salem Ferry site. He noted that Goldeneye is proceeding with permitting for a pier facility. Debbie Hurlburt requested that the Commission packages be distributed earlier in the week prior to a meeting. 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 Paul Orr and approved unanimously. Respectfully submitted by: • Eil n M. Sacco, Clerk Conservation Commission f ` r z 0� il FG3 1 / r`,j Salem. Massachusetts 01970 W SD'Di77 ASS A�a CONSERVATION COMMISSION Pt FEBRUARY 11, 1999 On February 11, 1999 the City of Salem Conservation Commission was held with the following members present; Mark George, Chairman, Abby Burns, Kevin Coracchio, Karen Fabiszewski, Paul Orr, Debbie Hurlbert and Stephen Dibble, Conservation Administrator and Sally Murtagh, Acting Clerk. 1. Approval of minutes. — None approved 2. Issuance of Order of Conditions — 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. Chairman Mark George turned meeting over to Debbie Hudbert. Ms. Hurlbert updates members of the Board that the portion of the public hearing was closed at the last neeting. We have by statue 21 days to issue an order of conditions. We are at day 14 and we would like to make a decision tonight on how the board who like to vote on the proposal. Ms. Hurlbert asks members how they feel on this proposal. Abby Burns is concerned about the bank vegetation which would be cut down and destabilize the bank. • Karen Fab;szewski agrees with Ms. Burnes and states concerns the effect would have on the bank. Mr. Coracchio also agrees with the members and has his concerns regarding the vegetation and being in a velocity zone that would be subject to points and time to serious storms. Mr. Orr sites regulations which supports the position of the board members that nothing should be done to interfere with the stability of the coastal banks and does not feel this project should go forward. Ms. Hurlbert reads from regulations about concerns of cutting vegetation 310 CMR, 1030 Coastal Banks. Stephen Dibble speaks regarding 310, CMR 10.30 Section 3, second paragraph expressing his concerns about this proposal. Ms. Hurlbert now would like to make a motion regarding 435 Lafayette Street. Motion was made with an Order of Conditions which prohibits the project, motion was 1 seconded. All Members in favor to deny this project. 3. Request for Certificate of Compliance, Salem Ferry DEP File#64-278. Withdrawn 4. Old/New Business a. Ratify—Certification of Emergency Permit for repairs to S.E.&D., outfall pipe APPROVED b. Discussion—Atlas of Precipitation Extremes—Continued to next meeting c. Discussion—204 Highland Avenue, Dr. Krate, New,England Veterinary Clinic Stephen Dibble made a site visit to the property and reported the property is in full compliance.. • d. Discussion/Election of Vice-Chairperson — Motion made and seconded with all in favor to create position of Vice-Chair. Election of Vice Chair postponed to next meeting. • page two e, Discussion — Boiler plate special conditions— Debbie Hurlbert passed out . samples of special conditions for everyone to review. Motion was made to adjourn the meeting. AMurtagh Acting Clerk • • 16 € c.)) Salem Plane °g Dept, CONSERVATION COMMISSION MARCH 11, 1999 On March 11, 1999 the City of Salem Conservation Commission was held with the following members present; Mark George, Chairman, Abby Burns, Karen Fabiszewski, Paul Orr, Debbie Hurlburt, Stephen Dibble, Conservation Administrator and Sallly Murtagh, Acting Clerk. 1. Approval of minutes- 2/11/99 -Debbie Hurlburt amended the minutes due to spelling errors and would like to have the motion spelled out by whom it was made etc. Motion to approve minutes made by Debbie Hurlburt and seconded by Abby Burns. • 2. (Postponed to next meeting) Update - Conservation Awareness program (CAP) an Forest River Conservation Area improvements, Dr. Milt Vorgeas, Education - Coordinator, Conservation Commission. 3. DEP Workshop for Conservation Commissioners-Mike Abell, DEP Circuit Rider presentation on River Acts and stormwater road runoff. - Postponed to second meeting in April. 4. Request to amend Order of Conditions, DEP File 964-278, Salem Ferry, 10 Blaney St Chairman Mark George shares awareness of boundaries and encroachments. By conversation with the Power Plant ,some of the work done last summer,while under lease by the City, some of the improvements may have encroached some degree of the Power Plant land. The fence by virtue of site ,is the natural boundary. At this point they are discussing whether it is 10 feet within the boundary. A letter was submitted to the Commission by Mr. Stanley Bornstein, City of Salem Engineer ,dated February 23, 1999, requesting than an amendment to the Order of Conditions be granted to allow the holding tank removal and demolition which was completed by his department. This work was requested by U.S. Generating Plant's General Manager Michael Fitzgerald. It was also his opinion, that the work has been performed in accordance with the Order of • Conditions issued by the Conservation Commission and the contract plans and Dibble reviews the removal of the holding specifications. Stephen g tank and feels the City P P page two Of S g,,*14DRf • of Salem was in compliance . The hol iing tank was all removed and was was on the site for the entire removal. There is a fen , handicap parking, pavement all around the tank. There were improvements all around he site. The demolition was done and approved by the Health Department. Mr.Emest 0 Tve, of U.S. Generating Plant, appeared at hearing and cleared up that the requirements were met with the Department of Public Works and the Health Department Paul Orr has pointed out the fact that there are two separate requests before the Commission. A Certificate of Compliance and the request to amend the Order of Conditions. A motion was made-by Mark George and seconded by Abby Bums with all in favor to amend the Order of Conditions. 5. Request for Certificate of Compliance-DEP File 464-248, Salem Ferry, 10 Blaney St Stephen Dibble reviews request with letter received by Mr. Bornstein. Debbie Hurlburt asked to see original Order of Conditions and all seem to be complete. Ms. Hurlburt ask what is left out there for paper work on that site. Mark George states the underlying Mackey order and enforcement order. There are two more pieces of business on this site. A motion was made by Abby Burns to issue a Certificate of Compliance and seconded by Karen Fabiszewski with all in favor. 6. Request to lift Enforcement Order-DEP File 964-274, 10 Blaney St., Goldeneye Corp. • (T. Mackey) Attorney Joseph Correnti , 63 Federal Street , Salem appeared before the Commission . This is an enforcement order going back to last summer regarding the placement of the trailer and a couple of wheel barrels full of dirt that fell in the rocks. The order was complete and Mr. Correnti feels this matter order should be taken off. Mark George asks all those in favor. Showing 5 in favor and no one opposed. 7. Request for Certificate of Compliance -DEP File#64-247, 10 Blaney St., Goldeneye Corp (T.Mackey) Attorney Joseph Correnti appeared before the Commission representing Goldeneye Corporation. Request on the Mackey order to be extended because the request for compliance is premature and not all the work on the Mackey Order has been done. A comer of the seawall needs to be rebuilt, but due to the weather conditions, the work has not yet been completed. Would like extension to the meeting of April 11, 1999. Mark George would like to clear up the order already in place and a new hearing tonight with a new Notice of Intent. Mr. George is uncomfortable with the overlap of two orders on one site. Debbie Hurlburt asks what is outstanding on the old order. Mr. Correnti states a comer of the seawall needs to be rebuilt. Work has been started and a top layer of stone needs to be put on, but has not yet happened. Ron Borne, Consultant, states Mackey order has a comer of the seawall repair that has to be complete. Mr. Correnti will have all the • work that has been done and all the remaining work to next meeting. Debbie Hurlburt noted that the first Notice of Intent was in 1996 and now it is 1999 and is concerned that nothing has been done with this one. Ms. Hurlburt would like as built plans. Mr. Correnti page three • would like to withdrawn tonight. Mr. Correnti also would like it to be noted that his watch says 7:42 and currently items 44 & 5 on the agenda have already been heard and were posted at 7:40 and 7:45 and were heard and voted on prior to the time that they were posted. Mark George noted that it was a tentative best effort. Debbie Hurlburt feels uncomfortable with opening a new hearing because there are some many layers to this site. Mark George states there is the underlying Mackey Order and would like to the work to move forward. Debbie Hurlburt would like to close out Mackey order before new work begins. 8. Public Hearing -Notice of Intent -Blaney Street, 10 Blaney St. Goldeneye Corp. Construction of marine terminal and pier. Attorney Joseph Correnti, representing Goldeneye Corp. appeared before the Commission with a new Notice of Intent to allow pier to be build off the end of the existing property and to allow land side work which includes a building structure, which would be called a ferry facility for ticketing ext. Plans were submitted and shown. Ron Borne, from Borne Engineering presented the plans submitted and explained what has been proposed. This is the intermediate plan to allow the property owners to use their property. The plan has been filed with the Army Corp and the State. There will be some new paving and gravel for approximately 195 parking spaces also handicap spaces. Paul Orr asked how many ferry trips will be made on a daily basis. Mr. Borne stated 4 trips per day and possible whale watch . This is an improved version from the schedule that • was in use last year. Right now this is a "temporary" plan.. Mr. Orr asked what other permits are you applying for? We will need approval for the State Department of Environmental Protection, the U.S. Army Corps of Engineers, Salem Planning Board and Coastal Management. The Commission also request drainage information regarding this project. All members of the Commission agreed to have a site inspection for Saturday, March 13, 1999 at 8:30 a.m. Mark George shares information regarding the jurisdiction of the board. A meeting will be held on March 24, 1999, at 6:30 with the DEP and a broader discussion will take place. There will also be a hearing with the Salem Planning Board and other concerns can be addressed at these meetings. Mr. George now opens the public portion of the hearing. Attorney Scott Grover, appeared before the Commission representing Russ Vickers, owner of the Hawthorne Cove Marina which abuts the property. Mr. Grover wants the Board to carefully consider this project, which has a serious impact on an important resource area. Mr. Grover also would like to request the applicant to provide drainage information of this project. A number of neighbors for White Street and Derby Street had concerns with the number of boats that are going to be used, and also concerns with the drainage and run off problems. Mr. George points out some of the concerns have to due with the DEP hearings and Planning Board. Two letters were read and submitted to the Conservation Commission. One was from Karen Hopkins, of Salem Sound 2000, with concerns about the parking lot on Salem Harbor waterfront. A second letter was read from Peter Victory, of 8 Lee Street in support of this proposal. Mark George states there will be further discussion after the • site visit is done at the next hearing. Stephen Dibble reviews what has been requested here tonight by the Commission. Topography to be added to the plans, three layers, the original, existing and the proposed Copies of Chapter 91 and Army Corp applications. APID; `Dra;nage CalaIitiPrAS O'A s-brmwaier page four w aTag • t P�a,� Vayj: 3a cA swa�c anA Aw-r • I 1 ��•• \triper iW 56W Pxi .oJ P .,t Ai 6c--e.Mov�d . C(2 rX,� w;-[ � IgaA ;ng .Clarify the number of boday. Clarify the fueling. A dust control plan. Address the boat wake in as far ag the bank. Paving walkways and granite curb. Address the 8 foot wide waway. A motion was made by Debbie Hurlburt to continue this application to the next meeting on March 25, 1999. It was seconded by Abby Burns, with all in favor. 9. Public Hearing -Determination of Applicability - City of Salem, Park& Recreation Dept., Dead Horse Beach, Memorial Drive- extension of existing storm water drain. Stephen Dibble reads letter from Lawrence McIntire, Park& Recreation Department. Mr. McIntire was unable to attend the meeting tonight due to a family emergency. Debbie Hurlburt would like to see the plans to review before the Commission makes a decision. Continue to the next meeting. 10. Public Hearing-Determination of Applicability -Edward Pliner, 13 Locust Street Replacement of impermeable golf area with basketball court and permeable/brick area. Abby Burs excused herself from this petition. Mrs. Pliner would like to remove astroturf and replace with permeablelbrick for a basketball court. Plans were shown. Debbie Hurlburt asked what has to be done to remove the astroturf? Mrs. Pliner explained a little bobcat will come in and remove it and then a small roller will smooth • out the surface. Stephen Dibble made a site visit and sees no need for hay bails. Stephen Dibble feels condition should be made on the stockpiling should be place on the far side. Karen Fabiszewski asked how long project would take from start to finish. Mrs. Pliner would estimate a few days. Debbie Hurlburt made a motion with a negative determination#3. Mark George seconded the motion with all in favor. 11. Public Hearing- Determination of Applicability - 331 Highland Ave. Thomas McAuliffe - Expansion of Puritan Medical Center Building Mr. Richard Griffin appeared before the Commission to add a 26 x 38 addition to . . Plans were shown. Stephen Dibble made a site visit to the property. There are some wetlands vegetation. Debbie Hurlburt thought it was very straight forward and simple and does not have a problem with it. Motion was made by Abby Burn with a negative determination 93. Seconded by Paul Orr with all in favor. 12. Public Hearing - Notice of Intent -John Brennan, 419A Lafayette Street. - Repair existing seawall. Mr. Bill Kelley appeared before the Commission , representing John Brendan . Mr. Kelley needs to repair comer of wall--.Pictures were shown to the Commission. The work will be done from the land area. The work should take approximately one b Debbie Hurlburt with the followin • week to complete. A motion was made y g conditions; 1,2,3,4,6,713,15, 17,20, & 21. Seconded by Karen Fabiszewski with all in favor. page five • 13. Request to amend Order of Conditions DEF File 464-281 Joseph Grenier, 137 Marlborough Road. Mr. Grenier did not appear at the hearing tonight and will meet at the next scheduled meeting. 14. Old/New Business a. Discussion - Atlas of Precipitation Extremes -Next hearing b. Receipt of appeal of Order of Conditions denial - Kenneth Gelpy, 435 Lafayette Street.- Appeal unclear to Debbie Hurlburt. c. Update - Winter Island Park, underground tank removal - Stephen Dibble says all work complete. d. MEPA- Home Depot, Traders Way, no further review required e. EPA-Discussion of EPA Public Hearing of 1/28/99 - SESD Modification of pollutant discharge permit. Stephen Dibble and Mark George attended hearing and requested minutes to be distributed. f. Discussion/Election of Vice- Chairperson -Next meeting g. Discussion -Boiler plate special conditions-Debbie Hurlburt distributed copies to Commission. Motion was made to adjourn meeting. Sally Murtagh Acting Clerk l Salem Conservation Commission Minutes of Meeting Thursday, March 25,1999 A regular meeting of the Salem Conservation Commission was held on Thursday, March 25 1999 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, Karen Fabiszewski, and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Approval of Minutes The minutes of the meeting of March 11, 1999 were presented for approval. Motion made by Debbie Hurlburt to approve the minutes of March 11. 1999 as presented, seconded by Paul Orr and approved unanimously. Update on Conservation Awareness Program and Forest River Conservation Area - Dr. Milt Vorgeas Dr. Milt Vorgeas addressed the Commission and reported that bicycles have • been a problem in the Forest River Conservation area trails and some damage has been done. He requested that the Conservation Commission consider restricting the use of bicycles in the Conservation area. Dr. Vorgeas explained the Conservation Awareness Program and the plans to expose the Schools to the program. He noted that some Saltonstall teachers have visited the area. Public Hearing - Notice of Intent - 31-33 Station Road - Timothy Boucher - provosed construction of a single family house James O'Day addressed the Commission and explained the proposal to build a single family home with all necessary grading, fences and utilities. He noted that the whole lot is in the buffer zone. Debbie Hurlburt suggested that they dewater the site and use silt fences and haybales. Paul Orr suggested that a site visit would be in order. He asked that the footprint be staked and the location of the driveway noted. • Page 1 Debbie Hurlburt noted that it does not appear that they have done any soil • testing and noted that she would like to see the delineation and observations of vegetation. Mark George asked if there was anyone present at the meeting who wished to comment on the project. There was no response. Motion made by Paul Orr to continue the public hearing to April 8, 1999, seconded by Karen Fabiszewski and approved unanimously. Request for Extension of Order of Conditions - DEP file#64-247 - Blaney Street - Goldeneye Corporation Atty. Joseph Correnti addressed the Commission and requested that Order of Conditions#64-247 be extended for a one year period. The Commission held a discussion on the time table for the proposed improvements to the property. Mark George noted that the applicant has a pending application for a Notice of Intent for the property as well and there is a laundry list of things to be addressed. Atty. Correnti noted that they would be asking for a 60 day extension on that public hearing and if a new order is issued the two orders could be rolled into one. Steve Dibble stated that he felt that the 60 day • extension was reasonable due to the amount of information that the Commission is requesting from the applicant. Debbie Hurlburt questioned if the construction is going to take place, and how long it would take to build the rip rap. Paul Orr stated that he guessed about 6-9 months. Debbie Hurlburt stated that she felt that there would more incentive to build the wall if the order were only extended to the end of the season. Atty. Correnti noted that although the order is outstanding, his client has only owned the property for 11 months. Motion made by Debbie Hurlburt to extend the Order of Conditions#64-247 to November 30, 1999, seconded by Paul Orr and approved unanimously. Continuation of Public Hearing - Notice of Intent - 10 Blaney Street - Goldeneye Corporation - Construction of Marine Terminal and Pier Motion made by Karen Fabiszewski to continue the public hearing to June 10, 1999, seconded by Debbie Hurlburt and approved unanimously. • Page 2 Request to Amend Determination of Applicability - Laura Shapland - 64 . Dearborn Street - to allow for the construction of a deck and fencing Steve Dibble reported that the Commission issued the Negative Determination on this project and the applicant is now requesting to amend that to allow for a deck and fencing. He noted that she has installed haybales and the deck would be 8 feet in the back of the house. Debbie Hurlburt stated that she did not think that the Commission could amend a DOA and suggested that the applicant submit a letter to the Commission, notifying them of the additional work. Request to Amend Order of Conditions DEP# 64-281 - Raymond Dembrowski - Marlborough Road - Lot 3 to allow for the relocation of the house away from Stormwater Brook Steve Dibble noted that the applicant was not present and that the Commission could table the matter to April 8, 1999. Motion made by Paul Orr to table the matter to April 8, 1999, seconded by Karen Fabiszewski and approved unanimously. • Request to Amend Order of Conditions DEP# 64-76 - Kevin O'Donnell - Marlborough Road - Lot 4 to allow for a deck, walkway, driveway turnaround, and regrading of rear yard Steve Dibble noted that the applicant is requesting to create a yard in the outer riparian zone. Paul Orr noted that he would have a problem with fill in that area, and suggested that he would like to see the area. It was suggested that the Commission could approve the construction of the deck and hold a site visit on Saturday to see the site. The remainder of the request could be approved at the next meeting. Motion made by Paul Orr to amend the Order of Conditions to allow for the inclusion of the deck 10 ft. x 13 % feet off the rear elevation as shown on the plan and that no grading take place at this time, seconded by Debbie Hurlburt and approved unanimously. The Commission will visit the site on Saturday, March 27, 1999 at 10:00 a.m. Page 3 Continuation of Public Hearing - Determination of Applicability - City of Salem - Parks and Recreation Department-Dead Horse Beach Memorial Drive - extension of existing storm water drain Steve Dibble noted that at the last hearing the Commission requested that the plan show additional information. Mike Collins is working on the plan and it should be ready in two weeks. Motion made by Karen Fabiszewski to continue the public hearing to April 8, 1999, seconded by Debbie Hurlburt and approved unanimously. OLD /NEW BUSINESS Election of a Vice Chairperson This discussion was tabled so that all members of the Commission could be present. Discussion of Boiler Plate Special Conditions The Commission reviewed and briefly discussed the boiler plate special conditions that Debbie Hurlburt revised. Mark George suggested that a Not . Cut No Disturb Zone Areas be added and they would have to be recorded at the registry. Debbie Hurlburt noted that it would be a change in the bylaws of the Commission and they could look at that. There being no further business to come before the Commission at this meeting, a motion was made by Debbie Hurlburt to adjourn the meeting, seconded by Paul Orr and approved unanimously. Respectfully submitted by: E' en M. Sacco, Clerk Conservation Commission CC032599 Page 4 • CONSERVATION COMMISSION S��DI ftil ^9@pt, APRIL 8, 1999 On April 8, 1999 the City of Salem Conservation Commission was held with the following members present; Paul Orr, Acting Chairman, Abby Bums, Kevin Coraacchio, Karen Fabiszewski, Debbie Hudburt and Don Girard, Acting Conservation Administrator and Sally Murtagh, Acting Clerk. 1. Approval of minutes. — Minutes approved for January 28, 1999. Abby Bums made motion to approve minutes and Karen Fabiszewski seconded. All in favor. 2. Continuation of Public Hearing— Notice of Intend- 31-33 Station Road, Timothy Boucher- proposed construction of a single family house Timothy Boucher appeared before the Commission and presented plans of the proposed single family dwelling. Paul Orr stated that a site visit was made by the Commission .One concern was the drainage on the site. A letter was read from Mike Collins of the Salem Engineering Department. He also expressed concerns about the elevation of his house and that the back yard of this property has flooded several times in the recent past. Mr. Boucher stated he would not be raising the yard. • Paul Orr would like the removal of debris around the property. Mr. Orr opened the public portion of the hearing. Mr. Don Goodvill an abutter of the property appeared before the Commission. He has lived at the property for the last 30 years. Mr. Goodviil questioned who is responsible to maintain the culvert. Mr. Orr explained that was the City's responsibility. Debbie Hurlburt would like added conditions made. Detailed de-watering, revise plan to indicate grade change. No fill in city easement. Standard conditions; 1,2,3,4,5,6,12,13,15,16,18 and 21. Kevin Coraacchio made a motion, Karen Fabiszewski seconded. All in favor. 3. Ratification and Discussion— Enforcement Order—Gary Tran, 81 Valley Street Mr. John Anderson of 79 Valley Street appeared before the Commission and explained what happened. Mr. Anderson stated he came home to find Mr. Dibble in his yard and was telling the men who work for the tree company to stop cutting the tree. Mr. Anderson was very upset with the attitude of Mr. Dibble. Mr. Dibble ordered work to be stopped until the Conservation Commission meets. Mr. Anderson explained he only wanted to cut down one willow tree in his yard that he thinks is in danger of falling. Mr.Tran is his neighbor and had nothing to do with the tree except for the Tree Company using part of his driveway for some of the debris. Mr. Anderson didn't think the tree was in the wetland area. Debbie Hudburt stated she does not have a problem with the cutting of one tree and explained to Mr. Anderson that the Conservation Commission has jurisdiction of 100 feet from the stream. Ms. Hudburt felt this situation could have been • handled in a different manner. Paul Orr also explained the State Wetland Act to Mr. Anderson. Abby Bums made a motion to rescind the Enforcement Order/and Karen Fabiszewski • seconded the motion with all in favor. 4.Ratification and Discussion —Enforcement Order—John Anderson, 79 Valley Street. Motion was made by Abby Bums to rescind the Enforcement Order and Karen Fabiszewski seconded the motion with all in favor. 5. Request to amend Order of Conditions, DEF File#64-276, Kevin O'Donnell, Marlborough Road, Lot 4—to allow for a walkway, driveway turn around, and regrading of rear yard Paul Orr and Kevin Cornacchio made a site visit to the property and noted that haybails were placed on the site. Kevin O'Donnell appeared before the Commission and asked for an extension to hire a surveyor for the elevation on grading the property. A motion was made by Debbie Huriburt to extend to next meeting. Abby Bums seconded the motion with all in favor. 6. Request to amend Order of Conditions DEP File#64-284- Joseph Grenier, Marlborough Road Lot 2— Modification of house placement. Tabled to next meeting. 7. Continuation of Public Hearing— Determination of Applicability— City of Salem Park & Recreation Dept, Dead Horse Beach, Memorial Drive—extension of existing storm water drain • Tabled to next meeting. 8. Old/new Business a. Gelpy, 435 Lafayette St. Appeal—DEF site visit scheduled for April 22, 9:30 a.m. b. Discussion —Atlas of Precipitation Extremes - Paul Orr distributed Papers for members to go over c. Discussion/Election of Vice-chairperson — Continued to next Meeting. d. Distribution of proposed draft regulations. e. Discussion of standard order of conditions. Abby Burns stated what a great job Debbie Hurlburt did with the conditions and made a motion to accept the order of conditions. Karen seconded the motion. Debbie Hurlburt would like to discuss items 3 and 4 of tonight's agenda. Debbie think the Commission needs to set a policy about calling the Chairman if they think there might be any concerns regarding certain items that come up on the agenda. Motion was made to adjourn the meeting. Sally Murt Acting Clerk c iav w , C� V CONSERVATION COMMISSION APRIL22, 1999 On April 22, 1999 the City of Salem Conservation was held with the following members present: Mark George Chairman,Kevin Cornacchio,Karen Fabiszewski,Paul Orr,Debbie Hurlburt and Stephen Dibble Conservation Administrator and Sally Murtagh, Acting Clerk. 1. Approval of Minutes—Debbie Hurlburt would like to amend#3 —Enforcement Order of 81 Valley Street to read,Rescind Enforcement Order of 81 Valley Street. Paul Orr made motion and Kevin Cornacchio seconded the motion. All in favor. 2. DEP Workshop for Conservation Commissioners—Mike Abell,DEP Circuit Rider presentation on River Acts and stormwater road runoff. Mike Abell appeared before the Commission and presented slides and explained the River Protection Acts .The Commission was very interested and Mr. Abell passed out papers with regards to the Buffer Zone policy. • 3. Public Hearing—Notice of Intent—City of Salem,29 Congress Street—Proposed installation of a Dolphin float,and gangway and to construct a walkway along the South River to service the `Salem Ferry"a public ferry service. Susan St. Pierre appeared before the Commission and stated she was there last year regarding the Blaney Street project. This year we would like to use 29 Congress Street,at Shetland Properties. What they would like is the installation of a dolphin, float,and gangway to construct a walkway along the South River to service the"Salem Ferry", a public ferry service. Ms. St. Pierre would like to remove the float and gangway that is there now. The walkway would be handicap accessible. The walkway would be 7 feet wide and install a fence. Plans and photographs were shown. Mark George asked what about the run off?There is no catch basin. Dave Vine also appeared before the Commssion to explain what they would like do. Paul Orr asked about the granite seawall. Ms. St.Pierre said they would be building it up.Debbie Hurlburt wanted to know if the parking lot would be pushed back. Ms. St. Pierre stated the parking spaces would be pushed back in order to achieve the 7 foot walkway with a fence along both sides. Paul Orr would like to know how long the construction would take. Ms. St.Pierre said anywhere From 2 to 4 weeks. Paul Orr would also like to know how the pilings would be remove. Mr. Vine said they would pull the old piles out There will be no dredging in the river. Debbie Hurlburt wants to know what is required by the A.D.A. Ms. St. Pierre stated that 4 feet, enough for a wheel chair. Mark George asks about the fueling of the vessels. The fuel would be done from the land. Mr. George also asked about the Harbormaster. Ms. St. Pierre stated they have applied for Chapter 91 License and also applying for an Arm Corp Permit. There will be plenty of public notice. Stephen Dibble would like to recommend three items. How work will be performed, no machinery be left unattended,trash to be placed in a container. Kevin would like to know how deep the piles would be driven down. Mr. Vine said approximately 50 feet. Questions asked about the • safety issues. Horns will sound and everything will be manageable. Mark George opened the public portion of the hearing. Fritz Cooper had concerns about the kicking up of mud. He had worked on Hanna Glover and was concerned about low tide and getting stuck in the mud. Paul Orr would like • Page two To see a trial run at low tide.Mnrk George made motion to close the public Dortion of the meetine. Members all in favor. Debbie Hurlburt asked if we could come back to this later with the conditions. 4. Discussion—Salem State College—71 Loring Avenue—Salt Water Marsh restoration project. Ed Adelman appeared before the Commission with an update of what was going on at the Salem State Project. A letter was submitted with the details on the salt marsh restoration area, phragmites Reduction area,Zone B and Zone D Shrub planting, Mr. Adelman is not prepared at this time to complete the project. Also a survey needs to be done. Mr. George questioned time table. Mr. Adelman thinks about the month of May.Debbie Hurlburt makes motion to accept. Paul Orr Seconded motion. All in favor. 5. Request to amend Order of Conditions—DEF File#64-276 Kevin O'Donnell,Marlborough Road,Lot 4 to allow for a walkway, driveway tum around and regrading of rear yard. Kevin O'Donnell appeared before the Conmrission and showed plans and pictures of the proposed project. Paul Orr made site visit and was satisfied with the new plans and elevations as shown Tonight. Steve LeBlanc, the contractor for the project explained to the Commission about the foundation. Paul Orr had concerns regarding the grading around the tree and reduce the amount of fill. Mark George Asks what is proposed with the back yard. Mr. O'Donnell says to bring it out about 20 or 30 feet. Mr. LeBlanc said to have a 2 to 1 slope. Loom and seed it to blend in. Mr. George asked about the walkway and driveway. Mr. O'Donnell showed new plans with hot top. Paul Orr mades motion to amend Order • of Conditions with the elevations. Fill not to exceed rear elevation and driveway extension. Kevin Comacchio seconded motion with all in favor 6. Request to amend Order of Conditions— EFile#64-284,Joseph Grenier,Marlborough Road Lot 2 modification to house placement. Joseph Gremer appeared before the Commission with plans. He would like to have a driveway under on the left elevation due to the sloping. There will be no changes to the grading. Debbie Hurlburt asked if anything was built out there. Mr. Grenier said no. Mr. Grenier needs to get new plans and show the 5 foot buffer zone and stock pile locations and driveway 14 foot. Debbie Hurlburt makes motion to table to next meeting. 7. Continuation of Public Hearing—Determination of Applicability—City of Salem,Park&Recreation Dept,Dead Horse Beach,Memorial Drive—extension of existing storm water drain. Stephen Dibble said Mr. McIntire was not able to be there tonight Paul Orr was very unhappy with the plan show. Debbie Hurlburt wants to see plans to scale. Mr. Orr states they would not accept these plans from any homeowner in'the City. I believe there is an Engineering Department in the City of Salem that knows how to do scaled plans. All members in agreement with the City to submit scaled drawings. Stephen Dibble would like it clear what would be needed. A scaled drawing, showing the improvements, What are the elevations? Kevin Comacchio made motion to continue to the next hearing. Karen seconds with all in favor. 8. Old/New Business a. Gelpy, 435 Lafayette St. Appeal—DEF site visit scheduled for April 22, 1999, 9.30 a.m. Stephen Dibbl=nducted a 2 hour site inspection. Mr.Dibble states the 5 issues. • b. Discussion File#64-281 Raymond Dembkowksi, Marlborough Road, Lot 3 A site visit was de by Mark George and Paul Orr. Haybails were in place. Additional �E Page three haybails need to be done. Stephen Dibble also went out and did not find any wetland flags and could not find the property lines. Mark George needs to know the elevations of the property and a survey needs to be done at the property. c. Discussion/Election of Vice-chairperson Tabled to next meeting with all members present. d. Distribution of proposed draft regulations Regulations done and copies passed out to members. 3. Notice of Intent—Public Hearing—City of Salem-, 29 Congress Street-proposed installation of a Dolphin,float,and gangway and to construct a walkway along the South River to service the "Salem Ferry" Debbie Hurlburt stated the standard conditions including no fueling,all approvals in place, no improvements to top of grant wall including the extension of handrailal. Motion made by Paul Orr and seconded by Debbie Hurlburt. Motion to adjourn meeting was made by Mark George and seconded by Kevin Comacchio. Sally Murta Acting Clerk • Il — Salem Conservation Commission • Minutes of Meeting Thursday, May 13, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, May 13, 1999 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Kevin Cornacchio, Karen Fabiszewski, and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Approval of Minutes The minutes of the meeting of April 22, 1999 were presented for approval. Debbie Hurlburt moved to approve the minutes of the meeting of April 22, 1999, seconded by Karen Fabiszewski and approved. Public Hearing - Determination of Applicability- City of Salem Improvements to Witchcraft Heights Elementary School - 1 Frederick Street Mary Cassidy of the Salem Planning Department addressed the Commission • and introduced Dan Twoberty of Earl Flansburgh & Associates, and Lisa Brothers of Judith Nitsch Engineering Inc. to address the Commission and explain the plans for all of the school projects. Dan Twoberty addressed the Commission and explained that this is one of four projects that the city is submitting to the state on June 1, 1999, to be placed on the list for funding if they are approved. He noted they need approval from the Commission to submit with the package. Lisa Brothers addressed the Commission and explained that the plan that they are showing this evening is a revision from the one submitted with the application. She pointed out that the areas noted on the plan that are of concern to the Commission are isolated areas, but are not considered isolated land subject to flooding. Debbie Hurlburt asked if the kettle ponds have been checked to see if they are vernal pools. Ms. Brothers stated that they have not checked that. Debbie Hurlburt stated that she would like to have them check an see if they are vernal pools, and if they are, they should have them certified. ,� Page 1 Kevin Cornacchio noted that there are catch basins and leeching basins on • the site and asked if they would be replaced. Ms. Brothers noted that they are pretty sure that they do not work because of the age of them and the lack of cleaning. She stated that if they need to be replaced they will replace them. Mark George questioned the location of the stream. Ms. Brothers noted that it is considered intermittent and is not on the USGS map. Steve Dibble noted that he has seen that stream bone dry on several occasions. Debbie Hurlburt expressed her concern about the possible vernal pools and the drainage and stated that she would want the drainage on the site to be directed away from that area. Mark George suggested that the Commission have a site visit. Ms. Brothers noted that they would need a Negative Determination with conditions or a letter from the Commission saying that they have seen the plans and it is a permitable project to submit with the applications to the state. Debbie Hurlburt stated that she wants to know if there are vernal pools up there. • Steve Dibble addressed the Commission and explained the site and the locations of the plan. He noted that he is familiar with the site having designed the baseball field and he is currently designing the playground. He noted that the height of the project is the biggest change in the project. Debbie Hurlburt suggested that the Commission could issue a Negative 3 Determination with the condition that the applicant have a site visit with the Commission to inspect if there are vernal pools up there and that no additional drainage shall be directed in that area. Motion made by Debbie Hurlburt to close the public hearing, seconded by Kevin Cornacchio and approved. Motion made by Debbie Hurlburt to issue a Negative 3 Determination with the conditions that, the applicant have a site visit with the Commission to inspect if there are vernal pools up there and that no additional drainage shall be directed in that area, and the plans and drainage calculations shall be submitted to the City Engineer prior to construction, seconded by Karen Fabiszewski and approved unanimously. Page 2 Public Hearing - Determination of Applicability - City of Salem - • Construction of a new Carlton Elementary School - 10 Skerry Street Lisa Brothers addressed the Commission and explained that the plans for the Carlton School have been revised. She noted that the impervious surface has been reduced. She explained that the North River is the resource area and the River Front is a large part of the area. She also noted that the Mass Highway project which is in the development stages may impact the plan but they would look at that. Debbie Hurlburt stated that she felt that the plan was pretty clear and simple. She noted that the Rivers Protection Act allows for an increase in impervious surface for re-construction projects. Mark George asked if there were any subsurface materials such as underground tanks on the property that they know of. Ms. Brothers stated that they know of no tanks on the site. She explained that the existing school was built in the early 50's and prior to that the site was a school as well. Steve Dibble noted that there should be access to clean out the storm scepters and that should be a condition. • Motion made by Karen Fabiszewski to close the public hearing, seconded by Debbie Hurlburt and approved unanimously. Motion made by Debbie Hurlburt to issue a Negative 3 Determination with the conditions that they submit approval of the final plans, they install deep sumps, and that the drainage and stormwater management plans be submitted to the Commission for approval, seconded by Kevin Cornacchio and approved unanimously. Public Hearing - Determination of Applicability - City of Salem - Construction of a new K-8 Elementary School and Improvements to Salem High School, 77 Willson Street Lisa Brothers addressed the Commission and noted that the plans are revised plans and are conceptual drawings. She explained the location of the existing man made drainage ditch and where it discharges under the road. She noted that this is a tough site for stormwater management and if the ditch could be enlarged it would reduce the cost of the project. Steve Dibble noted that it is not on the wetlands map. • Page 3 Mark George stated that he would like to have a site visit on this project. • Ms. Brothers explained the addition and improvements to Salem High School. She noted that the proposed addition would be at the end of the existing auditorium and would include an indoor track. She also noted that 140 parking spaces would be eliminated. She noted that there are two areas on the plan which have conceptual parking lots located. They are areas which are not owned by the city and Mass Electric has been approached for this area. Debbie Hurlburt stated that she would like to visit the site. She noted that the Commission should issue a positive determination and give them a letter for the submittal indicating that it is a permitable site. She also noted that she would prefer to have the site visit before the letter is written. Ms. Hurlburt stated that she would like to see the drainage report and the drainage calculations for the plan. Ms. Brothers stated that they could withdraw the revised plan and go with the original plan that was submitted. Motion made by Debbie Hurlburt to continue the Public Hearing to May 27, 1999, seconded by Kevin Cornacchio and approved unanimously. Request for Certificate of Compliance - DEP File # 64-286 - Massachusetts • Electric Company - Project at Michael Road and Highland Avenue Steve Dibble noted that there is a request from Mass Electric for a Certificate of Compliance for the Michael Road/Highland Avenue project. He noted that all is in order and the Commission could issue the Certificate of Compliance. Motion made by Karen Fabiszewski to issue the Certificate of Compliance for DEP File#64-269 Mass Electric, seconded by Debbie Hurlburt and approved unanimously. Request for Certificate of Compliance - DEP File#64-286 - 17 Orleans Avenue Steve Dibble reported that there is a request for a Certificate of Compliance for the 17 Orleans Avenue project. He explained that the project is finished but the landscaping is still a question since it is the first growing season. Debbie Hurlburt stated that she felt that it is not good policy to issue a Certificate of Compliance until the vegetation has grown. Page 4 . Debbie Hurlburt moved to table the Certificate of Compliance for 17 Orleans Avenue until the site is established, seconded by Karen Fabiszewski and approved unanimously. Request to Amend Order of Conditions - DEP File# 64-284 Joseph Grenier - Marlborough Road Lot 2 - modification of house placement This matter was tabled because the applicant failed to attend the meeting. Continuation of Public Hearin - Applicability f Determin tion Determination oCi1y of Salem Park and Recreation Department - Dead Horse Beach - Memorial Drive - Extension of Storm Water Drain Steve Dibble noted that the Commission had requested that the city provide a more detailed plan of the proposed work. He noted that he has received that plan and the work is outside of the Mean High Water Line. He recommended that the Commission issue a Negative Determination and noted that the work will help correct the erosion on the site. Kevin Cornacchio suggested that a condition be placed that there be no storage of equipment on the beach and that all care be taken when the work is completed. • Motion made by Karen Fabiszewski to issue a Negative Determination for the Dead Horse Beach project with the conditions that that there be no storage of equipment on the beach and that all care be taken when the work is completed, seconded by Kevin Cornacchio and approved unanimously. Old/New Business DEP File# 64-281 Raymond Dembrowski - Marlborough Road Lot 3 Mr. Dembrowski addressed the Commission and requested a change in the location of his proposed pool. He explained that he is proposing to locate the pool 10 feet back from the deck. Steve Dibble noted that the approved location for the retaining wall was not followed during construction and it is in the wrong location. He noted that it was built as such for structural reasons and suggested that the Commission needs an amendment for the retaining wall. The Commission discussed the retaining wall. Page 5 • • Motion made by Debbie Hurlburt to approve the amended Order of Conditions seconded by Karen Fabiszewski and approved unanimously. Bayview Avenue Yard Waste Disposal Complaint Steve Dibble reported that he received a complaint that Bob Gauthier is throwing cut grass into the resource area. He stated that he investigated it and found that there is a neighborhood dispute that is ongoing. Mark George suggested that the Commission send a letter to Mr. Gauthier. Forest River Conservation Area - Dr. Milt Vorgeas Letter Steve Dibble reported that he received a letter from Dr. Vorgeas reporting that the there has been damage to the property from bikes and he would like to see the bikes prohibited from the trails. He also noted that people have tried to camp there as well. The Commission discussed the possibility of putting up signage prohibiting biking and camping. Debbie Hurlburt suggested that the Commission investigate whether they can authorize signage and if so vote to have the signage put up. Discussion regarding Letter from Mayor Usovicz regarding the Blaney Street Property • Mark George addressed the Commission and expressed his concern that the letter that Mayor Usovicz sent to DEP commenting on the Waterways Application for the Blaney Street Ferry site. He stated that he felt that the letter implied that the Commission did not concur with the project and noted that there were issues in that letter that were raised at the public hearing but were either solved or determined not to be in the jurisdiction of the Commission. He also expressed his concern about the city's lack of communication with the Commission regarding the removal of the gangway and pilings on Blaney Street, and the burning of the boat. He stated that the Commission should have been consulted on those matters and they were not even considered. The Commission discussed the situation. It was noted that the Blaney Street order was given a Certificate of Compliance and therefore a Notice of Intent should have been filed with the Commission to remove the gangway and pilings. Debbie Hurlburt suggested that the Commission send a letter to the Mayor and Craig Wheeler discussing procedure. Page 6 • • Kevin Cornacchio expressed his concern about the burning of the boat, noting that refuse from that is found everyday at New England Power. Mark George noted that Goldeneye is coming in with a filing for the property. Steve Dibble noted that the matter is not on the agenda and should not be discussed at this meeting. Debbie Hurlburt cautioned that when they file it should be a new filing. Bo Salem one of the partners in Goldeneye addressed the Commission expressed his concerns about the way they have been treated by the city. Kevin Cornacchio addressed Mr. Salem and stated that the Commission can only deal with what they have before them and cannot listen to hearsay and can only deal what is within their jurisdiction. 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 Karen Fabiszewski and approved unanimously. The meeting was adjourned at 9:40. Respectfully .,submitted by: ' \ Eileen M. Sacco, Jerk Salem Conservation Commission CC051399 Page 7 • • Salem Conservation Commission Minutes of Meeting Thursday, May 27, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, May 27, 1999 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, Karen Fabiszewski, and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. ADproval of Minutes The minutes of the meeting of March 25, 1999 and May 13, 1999 were presented for approval. Debbie Hurlburt moved to approve the minutes of the meeting of March 25, 1999 and May 13, 1999 as amended seconded by Karen Fabiszewski and approved. Public Hearing - Notice of Intent - 10 Blaney Street - Goldeneye Corn Construction of Marine Terminal and Pier • Ronald Bourne of Bourne Engineering addressed the Commission and explained the topography of the land. He noted that they are planning 8 round trips per day to Boston and also plan harbor tours and water taxis. Mr. Bourne stated h � ated t at there would be no fuel stored on the site and that the ferry would be fueled after hours by a delivery truck. Mr. Bourne explained that the project would be done in two phases. He noted that the outstanding order of conditions on the Mackey plan needs to be addressed and suggested that the Commission issue a Certificate of Compliance on the Mackey order and roll the outstanding items that need to be completed into the new order. It was noted that the embankment is a concern, especially around the corner. Bob Blair stated the he would stabilize the embankment around the corner. Mark George expressed concern about the use of lint pack in the resource area. Mr. Blair stated that he plans to.use % stone and build the area up and then use the lint pack. • Kevin Cornacchio questioned the issue of the property line. Mr. Blair stated • that the line needs to be determined at the site and he is having a conference with NEPCO. Debbie Hurlburt asked what had been done on the Mackey order. Mr. Blair stated that the depression was filled and the area was graded. He also noted that armoring was done along the edge with stone that came out of the SESD blasting. Mr. Blair noted that the rip rap along the entire bank is not likely to happen with the Port Plans. He stated however that he feels that they will come in with another plan. Debbie Hurlburt asked where the proposed pier would be located. Mr. Blair stated that the floats extend about 20 feet beyond where they were last year. He stated that is will have the same general look but there will be no pilings and the floats will be anchored. Mr. Blair explained that in phase one of his plan he intended to set up and get the business started for the season and phase two would include the rebuilding of the edge of the walkway, and incorporate the building of a swale, and possibly complete the rip rap all the way. He explained that the pier would be built if the Port Project becomes a reality. • Kevin Cornacchio expressed concerns about the refueling procedures. Mr. Blair stated that they will follow a legal requirements regarding fueling. Mr. Cornacchio suggested that the Commission issue a condition that no fueling shall take place at the site until the Commission receives a contingency plan and approves it. Mark George opened the meeting up for public comment at this time. There was no response. Steve Dibble suggested that the Commission should require the applicant to have their stormwater plans and drainage calculations approved by the city engineer. He also suggested that they should have dome caps on the trash receptacles. Mr. Blair stated that the City Engineer has approved the drainage calculations. The Commission discussed the timing of phase two. Mr. Blair stated that mid November would be a reasonable time for them to get started, noting that month of October is a busy month for them. He estimated that the work would take about three weeks. • • Debbie Hurlburt requested that they submit a letter to the Commission stating what work has been completed on the Mackey Order of Conditons. Motion made by Debbie Hurlburt to issue a partial Certificate of Compliance for Order of Conditions 64-247 contingent upon the receipt of a letter from the PE stating the work that has been completed, seconded by Abby Burns and approved unanimously. Motion made by Abby Burns to allow the applicant to withdraw his application for DPE file 64-290, and that the Commission waive the fees for the new filing. Debbie Hurlburt requested that the applicant submit a revised plan showing the additional walkway location, and put the swale and the walkway improvements and the bank improvements under phase one. Motion made by Abby Burns to approve Notice of Intent - 10 Blaney Street - Goldeneye Corp. Construction of Marine Terminal and Pier with conditions, seconded by Kevin Cornacchio and approved unanimously. Eagle Scout Presentation • Brian Boucher addressed the Commission and explained his project that he has planned for Leggs Hill Pond, as part of his Eagle Boy Scout candidacy. Continuation of Public Hearing - Determination of Applicability - City of Salem - Construction of a new K-8 Elementary School and Improvements to Salem High School - 77 Willson Street Rick Gorman and Dan Twoberty addressed the Commission and distributed copies of the revised plan. The Commission reviewed the revised plans. Steve Dibble noted that he did not have any issues with the High School portion of the project. He suggested that they be required to submit the whole package to the City Engineer for review of the stormwater management plan, and drainage calculations prior to construction as a condition. Debbie Hurlburt stated that she disagreed and noted that the Commission should issue a positive determination and a Notice of Intent should be filed. She expressed concern that there will be work performed in several areas in the jurisdiction of the Commission. Steve Dibble noted that this project has been a long time coming and we would have a chance to have final review and approval of the plans. • • Motion made by Debbie Hurlburt to issue a positive determination for the project, seconded by Karen Fabiszewski and approved unanimously. OLD /NEW BUSINESS Forest River Tidal Gates A discussion was held on the schedule for the Forest River Tidal Gates. Steve Dibble suggested that the same schedule as last year be adopted. Debbie Hurlburt moved and Abby Burns seconded a motion to send a letter to Mayor Usovicz recommending that the same schedule that was used last year be adopted this year. The motion was approved unanimously. Emery Repairs to SESD Out Fall Pipe The Commission discussed emergency repairs for the SESD out fall pipe. Motion made by Abby Burns to issue and emergency order to SESD to repair the out fall pipe, seconded by Debbie Hurlburt and approved unanimously. Sea Wall Repairs to 419 Lafayette Street • Steve Dibble reported that this is request to amend an existing Order of Conditions so that the work can be done according to the plan. He noted that there was a mix up with the lot numbers on the plan. Debbie Hurlburt moved and Karen Fabiszewski seconded a motion to amend Order of Conditions#64-293. The motion was approved unanimously. 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 Karen Fabiszewski and approved unanimously. The meeting was adjourned at 9:45 p.m. Respectfully submitted by: Eileen M. Saaccco,,�Clerk Salem Conservation Commission CC052799 • 4 Salem Conservation Commission • Minutes of Meeting Thursday, June 24, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, June 24, 1999 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, and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Request to Amend Order of Conditions - DEP file# 64-284 Janet & Rav Dembrowski - 145 Marlborough Rd - Lot 3 - proposed 8 ft driveway_ extension Mrs. Dembrowski addressed the Commission and requested an amendment to their Order of Conditions to extend the driveway 8 feet to allow for better access from the driveway. Steve Dibble noted that he felt it was a good change to the plan and recommended that the Commission approve the amendment. Motion made by Abby Burns to amend the Order of Conditions 64-284 to allow the driveway to be extended 8 feet, seconded by Karen Fabiszewski and approved unanimously. Mrs. Dembrowski asked for approval of the size of the bound stones that they will be using. She stated that it has been recommended to them that they use 6x6x3 foot stones. Motion made by Abby Burns to allow the use of the 6x6x3 foot bound stones, seconded by Karen Fabiszewski and approved unanimously. Request for Certificate of Compliance - 17 Orleans Avenue Steve Dibble noted that this request was tabled a couple of meetings ago and q P g g he has received a stamped letter from the engineer certifying that the planting has been done. Debbie Hurlburt moved to approve the Certificate of Compliance for 17 Orleans Avenue contingent upon a site visit by Steve Dibble to insure that the vegetation has taken, seconded by Karen Fabiszewski and approved • unanimously. Page 1 OLD /NEW BUSINESS • Forest River Tidal Gates The Commission held a discussion about the proposed schedule for the closing of the tidal gates at Forest River. Steve Dibble noted that the Mayor has requested documentation of the benefits that may have been seen over the past year as the result of keeping the gates open. Leges Hill Pond Steve Dibble reported that Mr. Boucher reported that the pond at Leggs Hill has had a 10" draw down this week. Mr. Boucher reported that it is down another 3 or 4 inches as well. A discussion was held and Mark George suggested that Marblehead Conservation Commission be contacted to see if they are aware that there is a well at Tedesco Pond. Steve Dibble will follow up on this and report back to the Commission. 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 Karen Fabiszewski and approved unanimously. • The meeting was adjourned at 7:45 p.m. Respectfully submitted by: VJ Eieen M. Sacco, Clerk Salem Conservation Commission CU062499 Page 2 • • Salem Conservation Commission Minutes of Meeting Thursday, July 8, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, July 8, 1999 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Abby Burns, Paul Orr, Karen Fabiszewski, Kevin Cornacchio and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Approval of Minutes The approval of the minutes of the May 27, 1999 meeting was tabled. Public Hearing - Notice of Intent - Pickering Wharf Realms Trust - proposed construction of a new bank building at 23 Congress Street and a new hotel/retail building at 223-231 Derby Street - parking lots and landscaping Bill Kelley addressed the Commission on behalf of Pickering Wharf Realty Trust and explained the plans to demolish existing buildings and construct • an new Eastern Bank building and a new hotel/retail building. He explained the locations of the building and the hotel. Scott Petrowicz addressed the Commission and reviewed the drainage calculations for the project. He noted that it is a reuse of an existing site and they plan to upgrade the existing drainage system. He explained the methods that they used to find their calculations. He noted that there are three outlet points and they are noted on the plan. He also noted that they would not be changing those outlet points. Mr. Petrowicz stated that they would be adding five new catch basins. Kevin Cornacchio asked what location they planned to use for snow storage. Mr. Rocket addressed that question and stated that they will be removing snow from the site as they presently do. Paul Orr asked when they planned to begin construction and how long they expect it to take. Mr. Rocket stated that they would like to begin as soon as possible and they expect it to take about nine months for construction. Mark George questioned the condition of the subsurface of the property. Mr. Rocket stated that the area is mostly fill and it is clean. Page 1 • Paul Orr asked if the drainage system for the entire site would be completed before they begin phase two of the project. Mr. Rocket stated that they would be completing that first. He explained that while the phase two of the plan is shown on the plan, it is not part of this approval and they would file for that with the Commission when they decide to go forward with it. Abby Burns questioned the lack of landscaping in the front of the hotel. Mr. Rocket explained that they amended their proposal as the result of the Planning Board wanting more of a street scape effect. Mark George opened the meeting up to public comment at this time. There was no response. There being no further questions or comments at this time a motion was made by Debbie Hurlburt to continue the public hearing to the next meeting on July 22, 1999, seconded by Abby Burns and approved unanimously. The Commission discussed possible dates for a site visit to Pickering Wharf and decided to go individually to see the site. Public Hearing - Determination of Applicability - William Porcello 21 Verona Street- proposed construction of a house roadway, garage and lawn • Mr. Porecello addressed the Commission and explained the location of his property. Debbie Hurlburt advised Mr. Porcello that he may have to subdivide the property. She stated that she was concerned that if the Commission approves the request before the Planning Board and they require a change to the plan they would have to come to the Commission again. Paul Orr agreed and suggested that Mr. Porcello go to the Planning Board and then come back to the Commission. Mr. Porcello stated that he is only requesting frontage rather than build out the street. Debbie Hurlburt also stated that she would like to know if this lot is a buildable lot. Motion made by Debbie Hurlburt to continue the public hearing to July 22, 1999, seconded by Kevin Cornacchio and approved unanimously. The Commission will hold a site visit on July 17, 1999 at 9:00 a.m. • Page 2 l • Old/New Business SESD Out Fall Pine Information Steve Dibble noted that there is information on the SESD Out Fall Pipe in the Commission package for review. Forest River Paul Orr stated that he had a conversation with Kristy Foote Smith and he was informed that the Army Corp. of Engineers has money that would be available to Salem for the Forest River area. He explained that it would be a matching fund program where the city would have to pay $140,000.00 and the Army Corp. would match 60% of that. It was suggested that the city solicit funds from local corporations. Mr. Orr reported that there would be a site visit on Monday, July 12, 1999 at 9:00 and the Army Corp., and the Division of Marine Fisheries as well as other government agencies would be present. Sunburst Fruit Juices Mark George stated that he had a report of dumping occurring behind • Sunburst Fruit Juices. Steve Dibble reported that he visited the site and it appeared that there had been a spill of some kind in the parking area. He described the material as sticky and sweet and thought it was some sort of concentrate or product that they make there. He also noted that he walked the site and found evidence of dumping down behind the building as well. It was suggested that the Commission send a letter to them and request that they appear before the Commission to address these matters. Discussion of Salem Ferry Approval mo, The Commission held a brie scussion on the approval that was granted to the Salem Ferry at th 27, 1999 meeting. The reviewed the minutes and discussed what exactly was approved for the project noting that there is some concern about which phases were approved. It was the consensus of the members that they approved Phase One of the project. Steve Dibble will issue the Order of Conditions for the project referencing phase one of the plan. • Page 3 • Proposed Dredging of Salem Harbor Abby Burns addressed the Commission and stated that she is concerned about the proposal to dredge Salem Harbor and feels that the Commission should be concerned about the potential of this. Abby Burns also suggested that a water ban should be in effect in Salem. Election of a Vice Chairperson of the Conservation Commission Abby Burns nominated Debbie Hurlburt for Vice Chairwoman of the Commission. Kevin Cornacchio seconded that nomination. Karen Fabiszewski moved that the nominations be closed, seconded by Paul Orr. Mark George asked for a vote on the nomination. The motion was approved 5-1 with Debbie Hurlburt voting present. 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 Karen Fabiszewski and approved unanimously. • The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M Sacco, Clerk Salem Conservation Commission CC070809 Page 4 • f t .e . Salem Conservation Commission Minutes of Meeting Thursday, July 22, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, July 22, 1999 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Abby Burns, Paul Orr, Karen Fabiszewski, Kevin Cornacchio and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Approval of Minutes The minutes of the meetings of May 27, 1999, and June 24, 1999 were presented for approval. Motion made by Karen Fabiszewski to approve the minutes of the meeting eetin of P g May 27, 1999, seconded by Kevin Cornacchio and approved unanimously. Motion made by Debbie Hurlburt to approve the minutes of the meeting of June 24, 1999, seconded by Karen Fabiszewski and approved unanimously. • Determination of Applicability- Kennedy Development Corn Proposed construction at the former Osram /Sylvania site 44-60 Boston Street - 24,000 s.f. office building and a 13,500 s f drug store with associated site improvements Atty. Joseph Correnti addressed the Commission and explained that they are seeking a Determination of Applicability on the Osram site at Boston and Bridge Streets. He explained that this is the former Sylvania site and further explained the history of the property. The Planning Board approved the site plan for the project at their last meeting. Atty. Correnti noted that in 1995 an Order of Conditions was issued for the property for the demolition of the buildings. He showed photographs of the site to the Commission. Atty. Correnti noted that the bulk of the site is not in the resource area. He noted that the site has been an industrial area since 1907 and a 21E has been done and the site is the cleanest that it has ever been. He explained that there would be some small soil removal from the site. He also noted that they are proposing an entire new drainage system for the site, and they expect no adverse impact to the area noting that it will be a major improvement to the area. • Page 1 of 6 • Mark George questioned whether the flood zone for the area would be. Atty. Correnti stated that it is flood zone A - 100 year flood zone. Jim DeVillis explained the present drainage there and the new system that they plan to construct. Paul Orr asked what the TSS removal would be. Mr. DeVillis stated that it would 80%. Debbie Hurlburt stated that she was unclear as to what the applicant is looking for. Atty. Correnti stated that the boundaries are not impacting areas that have buffer zone wetlands and they are looking for a negative determination. Paul Orr stated that he is interested in what is out falling into the canal since they are increasing impervious surfaces Mr. DeVillis stated that 1/3 of what is going off site now will be draining so there would be a significant decrease from what is going into the canal now. He also explained the pattern for the roof run off with the new drainage system. Atty. Correnti emphasized that the resource area is in no danger with the new drainage system. Debbie Hurlburt noted that she has a concern about the flood zone, and • questioned if there were any issues with bordering land subject to flooding. Atty. Correnti explained that they met with the DPW and the Building Inspector and determined that the flood zone follows elevation 10 along Bridge Street. He noted that this differs from the FEMA map and therefore it is the Building Inspectors call. Steve Dibble noted that he would recommend a few conditions if the Commission makes a negative determination. Debbie Hurlburt questioned if anything else would be built on this site in the future. Atty. Correnti stated that there would be nothing else on the site and what is presented is what they expect full build out to be. Mark George opened the hearing up to public comment at this time. There was no response. Steve Dibble recommend that the applicant get a letter from the City Engineer approving the drainage calculations and a copy should be sent to the Commission. Steve Dibble also recommended that a schedule of maintenance of the catch basins and sweeping of the property be sent to the Commission, and that catch basins be protected during construction. • Page 2 of 6 . Paul Orr questioned the results of the 21E. Atty. Correnti stated that they are very close to signing off on the LSP and that minimal improvements need to be done before that happens. Mr. Orr suggested that they file a contingency plan with the Commission, should they encounter oil or other hazardous material. Debbie Hurlburt noted that if they had filed a Notice of Intent this would have been clearer, and we would have gotten to the same point. Motion made by Paul Orr to issue a Negative Determination as presented, with the conditions suggested by Steve Dibble, seconded by Karen Fabiszewski and approved unanimously. Continuation of Public Hearing - Notice of Intent - Pickering Wharf Realty Trust proposed construction of a new bank building at 23 Congress Street and a new hotel/retail building at 223-231 Derby Street parking lots and landscaping Bill Kelly of Kelly Marine addressed the Commission on behalf of Rocket Realty Trust. He explained the proposed relocation of Eastern Bank. Mark George questioned the size of the catch basins. Mr. Kelly stated that • they have agreed to 4 foot catch basins, but had previously proposed 3 feet. ova that 4 S Debbie Hurlburt stated that sis concerned about the South River and requested that they redraw the line on the plan 200 feet to show the entire lengt Mike Rocket addressed the Commission and a discussion was held on resw rs�- ev" ode n�ef• moving the line showing the River front area. Mr. Kelly noted that they drew the line based on the information they received from DEP. 8,n �;�� Steve Dibble recommended that the Commission could approve the project contingent on DEP affirming the River Front area. He also recommended that the City Engineer approve the drainage calculations and that a storm water management system design and a maintenance schedule be submitted to the Commission. He also recommended that the approval stated that this approval is only for Phase I of the project, and Phase II is not included. Debbie Hurlburt questioned what effect Phase 11 would have on the drainage calculations. Mr. Kelly stated that the drainage calculations include Phase II. Motion made by Paul Orr to close the public hearing, seconded by Karen Fabiszewski and approved unanimously. • Page 3 of 6 h • Motion made by Debbie Hurlburt to approve Phase I with conditions as recommended by Steve Dibble, including language that the Commission has concerns about the River Front area as presented by the applicant and that confirmation of the area should be received from DEP, seconded by Paul Orr and approved unanimously. Continuation of Public Hearing - Determination of Applicability - 21 Verona Street - Mr. Porcello - at intersection of Springside Ave - proposed construction of a house, roadway, garage and lawn Mark George noted that he visited the site with Steve Dibble. Debbie Hurlburt questioned if the applicant has been to the Planning Board, noting that she is concerned that if the Commission approved the plan and Planning Board requires a change in the location of the house he would have to come back to the Commission. Steve Dibble explained the plan and noted that it is straight forward and when the applicant goes to the Planning Board if he is required to move the location of the house, he would have to come back to the Commission because the plan has changed. Debbie Hurlburt stressed that she would be more comfortable approving the plan if the Planning Board has approved it. • Motion made by Karen Fabiszewski to issue a Negative 3 Determination with conditions, seconded by Kevin Cornacchio and approved 5-1 with Debbie Hurlburt opposed. Request for Amendment of Order of Conditions#64-295 - Goldeneye Corporation - Salem Ferry - proposed installation of spud piles to float system at Marine Terminal Bo Salem addressed the Commission and explained that they are requesting to put pilings in at the request of the Harbor Master to aid in the maneuvering of the ferry because of a prevailing SW wind. Mark George asked where DEP stood on this and Mr. Salem noted that he has a Chapter 91 License. Mark George stated that he talked to the Harbor Master and he feels that this is a better plan that what is down there now. Kevin Cornacchio asked if the existing moorings would stay in place. Mr. Salem stated that they would remain in place. He also noted that at the end of the season everything will be pulled out. Page 4of6 • Motion made by Kevin Cornacchio to amend Order of Conditions 64-295 for Goldeneye Corporation with conditions, seconded by Karen Fabiszewski and approved unanimously. Steve Dibble noted that the stormwater calculations have not been received by the Commission as required by the Order of Conditions. Mr. Salem stated that he would get those done through part of Phase II. A condition was recommended that the removal of the temporary structure be completed by 12/1/99. Request to Amend Order of Conditions#64-258 - 37 Station Road - DeFrancesco - proposed installation of flower and water garden Steve Dibble informed the Commission that the applicant has withdrawn the request. Request to Modify Order of Conditions#64-272- Village at Vinnin Square - Steven Zieff- Loring Ave., Weatherly Drive America Way Carol Way Atty. Joseph Correnti addressed the Commission and explained that they are making some changes to the site to maintain the quality of the project. He • noted that they are increasing the NCND zone and a small area has been left alone so that they can have access for maintenance. Motion made by Paul Orr to amend the Order of Conditions for the Village at Vinnin Square, seconded by Kevin Cornacchio, and approved unanimously. Atty. Correnti addressed the Commission and asked to have the language regarding the deed restrictions for individual units changed to have the deed restriction placed on the Master Deed. Motion made by Paul Orr to amend condition #16, seconded by Karen Fabiszewski, and approved unanimously. Certificate of Compliance - 127 Marlborou hg Road Steve Dibble reported that he has been out to the site and the grass has been established. He recommended granting the Certificate of Compliance. Motion made by Paul Orr to issue a Certificate of Compliance for 127 Marlborough Rd, seconded by Karen Fabiszewski and approved unanimously. • Page 5 of 6 • 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 Paul Orr and approved unanimously. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC072299 Page 6 of 6 r • Salem Conservation Commission Minutes of Meeting Thursday, September 23, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, September 23, 1999 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, Laura Rome and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble and Eileen Sacco. Public Hearing - Determination of Applicability - rear Carrolton Street - George Belleau - proposed construction of a single family home Mr. Belleau addressed the Commission and explained that he is proposing to build toward the front of the lot. He explained that the lot slopes up and then goes down and there should be no impact on the drainage. Steve Dibble noted that all of the work shows to be within the buffer zone and noted that the area has been flagged for the Witchcraft Heights School project. • Debbie Hurlburt recommended that the Commission visit the site. A site visit was scheduled for September 28, 1999 at 6:00 p.m. Mark George opened the hearing up for public comment at this time. Motion made by Karen Fabiszewski to continue the matter to October 14, 1999, seconded by Abby Burns and approved unanimously. Continuation of Public Hearing - Determination of Applicability - 44 Clark Street - James Connick, proposed construction of a single family dwelling Mark George noted that he visited the site with Debbie Hurlburt and Kevin Cornacchio. He noted that the work being done is on an adjacent site and the applicant is not present this evening. Debbie Hurlburt stated that she does not see a great impact, however she feels this should be a positive determination. Steve Dibble noted that there el is a work limit line on the plan. He also recommended d be and a NCND restriction be put on the deed. • Page 1 • Motion made by Debbie Hurlburt to issue a positive determination, seconded by Kevin Cornacchio and approved unanimously. Discussion and Request by Goldeneye Coro for permission to conduct work on land owned by the Conservation Commission and land owned by the City of Salem (Forest River Mitigation Project) at Volunteers Bridge and opposite Pickman Park Playground areas Bob Blair addressed the Commission and stated that he is working toward cleaning up the fill down there that was done by Mr. Mackey. He noted that this is a joint project with the City of Salem and that he is paying for the work to be done. He explained the process and the equipment that would be used for the project. Steve Dibble noted that Dr. Vorgeas is very much in favor of this project. He noted that Dr. Vorgeas sees this as an educational opportunity as well with regards to the Education program that he is developing. Mark George stated that he felt that the work is a good thing for the area. Steve Dibble noted that the contractor would be leaving the equipment at the site rather than bring it in and out everyday, which would cause less damage • to the area. He stressed that the work needs to be done, and how they get in there will be an impact to the area, but the end result will be a good thing. Mark George asked if there would be any cutting of trees for the project. Steve Dibble stated that there would be some cutting to get access. Mark George suggested that the Commission visit the site. A site visit was scheduled for October 2, 1999 at 7:00 a.m. Motion made by Kevin Cornacchio to continue the matter to October 14, 1999, seconded by Abby Burns and approved unanimously. Request for Certificate of Compliance - DEP file#64-265 - Station Road Extension Steve Dibble reported that he has received a request for a Certificate of Compliance for Station Road Extension. He noted that he has had no complaints on the project for over a year now and recommended issuing the Certificate of Compliance. He further recommended that if the Commission has issues that a partial Certificate of Compliance could be issued. • Page 2 • Motion made by Kevin Cornacchio to issue a Partial Certificate of Compliance for Order of Conditions #64-265 with the exception of lot 9 where slope is a combination of a slope and a sloped grass bank instead of a stone wall as proposed on the subdivision plan, and lots 9, 10, and 11 roof drains are not tied into proposed trenches as shown on the plan, seconded by Kevin Cornacchio and approved 5 -0 -1 with Debbie Hurlburt abstaining. Discussion of Forest River wetlands in area of Mackey Beach and 7 Riverway Road Mr. O'Connor of 7 Riverway Road addressed the Commission and expressed his concern about the changes in the characteristics that have taken place in the marsh over the last several years. He noted that the bric a brac has eroded and needs to be replaced. He requested that the Conservation Commission take action to save the marsh. Mark George, appearing frustrated with Mr. O'Connors presentation, questioned the ownership of the request, as well as how extensive the damage really is and who would do the work. Debbie Hurlburt stated that she felt that it was an interesting concept to look at and the Commission should investigate it. She suggested that the • Commission ask the City Engineer to look at the structure and see if something can be done. She further recommended that if the City Engineer agrees that something could be done, then the Commission could hire a Wetlands Specialist to advise the Commission on how to proceed. Mark George suggested that the Commission hire Mary Rimmer as they have in the past to consult. Steve Dibble recommended trying to go through agencies before we hire a consultant. He also noted that Salem State College has a lot of history on the area from studies that they have done regarding the tidal gates. Abby Burns recommended the tape that was prepared by former Salem State College Professor Jay Moore would be helpful as well. Steve Dibble recommended that the Commission send a letter to the City Engineer, with a copy to Mayor Usovicz. • Page 3 I� • Discussion of Local Ordinance Steve Dibble reported that Mr. Gelpy filed an appeal with DEP and received a Superseding Order of Conditions. He noted that the Planning Department did not receive notification of this until the appeal period passed so there was not comment made on the matter. He noted that the denial of the project cited the WPA and the Local Ordinance and Mr. Gelpy's Attorney is questioning how the Commission can enforce the local ordinance. Karen Fabiszewski stated that she has not yet finished her review of the local ordinance, but noted that we apply the Ordinance so that we can have some say in the matter. Debbie Hurlburt stated that she would be hesitant to apply the Ordinance in this instance. Mark George stated his concern with how this can be done as well noting that he did not think that was fair to the applicant, and no way to do business. He also noted that he should not be discussing this case because he recused himself from the matter due to a conflict of interest. First Street and Whalers Lane Drainage • Steve Dibble explained that he received a letter from Harry Mack, the Project Manager for Fafard regarding the drainage outlet on First Street and Traders Way. He explained that the problem seems to be caused by sand build up in the four catch basins at the rear of Shaw's, because they have not been properly maintained. Mark George suggested that the Commission send a letter to the deeded owners of the property and tell them to correct the problem. 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 Abby Burns and approved unanimously. The meeting was adjourned at 10:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC092399 Page 4 r J • Salem Conservation Commission Minutes of Meeting Thursday, October 14, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, October 14, 1999 at 7:OO.p.m. in the second floor conference room at One Salem Green. Those present were: Chairman Mark George, Abby Burns, Kevin Cornacchio, Laura Rome and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble. The minutes of this meeting were recorded and transcribed. Chairman Mark George called the meeting to order at 7:00 p.m. Continuation of Public Hearing - Determination of Applicability - Rear Carrolton Street - George Belleau - Construction of a Single Family Dwelling Mark George asked if any members of the Commission visited the site since the last meeting. Abby Burns reported that she visited the site and she did not find any problems. Mr. Belleau reported that they did not find any wet • areas. He noted that there was a drainage easement and there was nothing in it at the present time. Steve Dibble stated that he had no concerns with the proposal. The Commission reviewed the plans. Motion made by Abby Burns to issue a Negative Determination (3) seconded by Debbie Hurlburt and approved unanimously. Continuation of the Request by Goldeneye Corporation proposed Work with the City of Salem on Land Owned by the Conservation Commission Mark George suggested that the matter be tabled since there was no one present from Goldeneye at this meeting. Request to Amend Order of Conditions 64-277 - 63 Jefferson Avenue Mark George asked the Commission if they have had time to review the information on this request. The Commission reviewed the plan. The applicant explained the changes that they are requesting. • Page 1 r • Kevin Cornacchio asked if they were increasing the size of the w -pumps. Steve Dibble explained that he asked the applicant to note the sumps on the amendment because it was not on the original plan. The Commission reviewed the plans and the snow storage areas. The applicant noted that he would be installing a 12 foot chain link fence at the rear of the property. The Commission originally approved plans for Northshore Ambulance Company and the property has been sold to and therefore the Order of Conditions transfers to the new owners. w0ki Debbie Hurlburt stated that she would like to see the parking area paskM stone rather than bituminous since it is in the inner riparian zone. The Commission reviewed the plans and the areas that would be used for storage. The applicant noted that he needed some pavement for a turnaround for trucks and located the space on the plan. Debbie Hurlburt stated that she felt that would be fine and its a good compromise. Debbie Hurlburt asked if the sweeping and maintenance plan is still in place. Steve Dibble noted that is was. • The applicant asked if he could delete the concrete. Kevin Cornacchio stated that he would like to see the curb remain to protect the resource area The Commission discussed the types of vehicles would be entering the site. The applicant will revise the-plans. Debbie Hurlburt stated that she would like to have thelans reviewed d b Steve Dibble prior to the work on the Y paved area. Debbie Hurlburt made a motion to amend Order of Conditions 64-277, seconded by Abby Burns and approved 4-1 with one abstention . Debbie Hurlburt noted that the amendment includes the revision of the paved area to include on the 40 feet from the rear of the building and 40 feet from the SE corner as noted on the plans. The catch basins will be installed in the paved area and the remainder of the parking area shall be coarse crushed stone. The elongated Swale will be replaced with a circular swale. • Page 2 Discussion of DEP file#64-279 - 50 Ravenna Avenue • Mark George invited the applicant to the table to discuss the findings of a site visit to the property. He noted that the slope is considerably more than what was proposed and the hay bales have been destroyed. He noted that the work seems to be well out of the scope of the approved project. The Commission discussed history of the property. Steve Dibble noted that the applicant was given an Order of Conditions for work to be done on the property. The applicant explained what he has done on the property to date. He noted that as he went along he found ways to do things that were better than what he proposed. He also noted that he was going to ask for a meeting with the Commission. Mr. Jermyn explained that he felt that rip rap was better than the proposed vegetated area. He noted that he has a video that he would be happy to show the Commission. Mark George stated that he is concerned that Mr. Jermyn did work outside of what was permitted and may have filled land that he did not own. Mr. Jermyn explained that he did extend the fill in one area to enhance access for vehicles. Debbie Hurlburt asked if he received permission from the City to fill the i land. Mr. Jermyn stated that he did not add anything to the city property. Mark George suggested that the Commission should take a site visit to the property. He said that there are some issues out there that need to be addressed. He noted that the site was difficult from the beginning and explained what was supposed to happen. Mr. Jermyn showed the Commission a video of the work that was done on the property. Mark George asked what happened to the 8 foot gradual rise that was supposed to have been created. Steve Dibble asked if the applicant had received a Drainage Alteration Permit from the City of Salem. The applicant responded that the City Engineer did not say that he needed one. Following the viewing of the video, Mr. Jermyn stated that what was shown on the video was all that he intends to do. He noted that the wall was not constructed as presented on the plan. He stated that he did not want to have to cut down all of the trees at the bottom of the slope and he found another • way to do it. Page 3 Mark George stated that he would have appreciated it if the applicant came back to the Commission with the changes that he made to the plan. He asked that he not do any further work on the site until the Commission goes and views the site. He noted that it is an interesting site and it his business to look at sites like this all the time. Mr. Jermyn asked Mr. George if he felt that the slope was stable. Mr. George replied that he did not have a guess. Mr. Jermyn stated that his intentions are good and he wants to do the project correctly. The Commission discussed possible dates for a site visit. The site visit will be held on Saturday October 23, 1999 at 9:30 a.m. Old/New Business Discussion of Local Ordinance Debbie Hurlburt stated that she marked up her copy of the Ordinance and gave it to Steve Dibble. Mark George stated that they would like to get the local ordinance in concert • with the state ordinance. He would like it to be more specific where appropriate regarding the local ordinance. Steve Dibble stated that he had a discussion with John Keenan and requested that he give the Commission some language that could be used in decisions that would address the local ordinance and the enforcement of it. He noted that the wording of each decision has to be specific, noting that in the Salvo case and the Gelpy case, both applicants received superseding Orders of Conditions and they do not have to re-file with the Commission. Informational Items Steve Dibble updated the Commission on several informational items that required no action by the Commission. Page 4 • • 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 8:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC 101499 • Page 5 • P�P� 14?11 JTJ 22 3 r ' ii Salem Conservation Commission Minutes of Meeting Thursday, October 28, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, October 28, 1999 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were:, Abby Burns, Karen Fabiszewski, Paul Orr, Kevin Cornacchio, Laura Rome and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble. In the absence of Chairman Mark George, Debbie Hurlburt assumed the chair and called the meeting to order at 7:00 p.m. Update on Forest River Conservation Area - Dr. Milt Vorgeas Dr. Vorgeas addressed the Commission and stated that the most important go between the Conservation Commission and himself is Steve Dibble. He noted that they work closely together. Dr. Vorgeas explained the work that has been done at the Forest River • onservation Area. He noted various donations that were made by Barten 61'� V Trimount, Waters and Brown�Hardware Store. He also recognized residents that have volunteered on the projects. Kevin Cornacchio moved and Abby Burns seconded a motion to have a Conservation Commission table at the city wide science fair on November 2, 1999 at the Saltonstall School. The motion was approved unanimously. Public Hearing - Notice of Intent - 155 Marlborough Road The applicant addressed the Commission and explained that the back of her yard slopes and she proposes to make it level. Steve Dibble noted that the Commission has reviewed this property several times. He explained that they have permission from the city engineer for a drainage alteration. He also noted that he has had a few complaints that they are stock piling material there. He explained that the applicant is requesting to square off the entire back yard and a portion of it is inside the outer riparian zone to the river and outside of the buffer zone. Abby Burns asked how the fill would be contained. The applicant stated that it would be sloped down and there would be no retaining wall, and would be . sloping towards the brook. Page 1 Debbie Hurlburt asked lot#r5's grade would be higher than lot 4. She questioned how the fill ould affect the other lot. The applicant stated that • the lot is 2 feet higher. noted that she can see a domino effect here with the owners of the other lots coming in to do the same thing. Kevin Cornacchio asked what the difference between the yards would be when the work is done. The applicant stated that they should be the same. Debbie Hurlburt suggested that the Commission should visit the site. She opened the hearing up for public comment at this time. There being none, Ms. Hurlburt asked for a motion to continue the public hearing. Abby Burns moved and Paul Orr seconded a motion to continue the public hearing to the next meeting of the Conservation Commission. The motion was approved unanimously. The Commission will have a site visit on Monday, November 1, 1999 at 5:00 p.m. Public Hearing - Notice of Intent - World Wide Telecom Laura Rome recused herself from discussion of this matter. Doug Cotton addressed the Commission on behalf of Worlide Telecom. • He explained that they are constructing a fiber optic cabl from Liverpool England, which will go through Dublin, Ireland and eventually get to Boston, (Lynn) andjwfflibe a connection from Boston to Dublin. He explained the plans and the navigational route that the cable will take. He noted that the route is where it is, because the intention is to bury the cable three feet so as not to interfere with fishing.etc. Kevin Cornacchio asked if there would be any blasting for the portion going through Salem. Mr. Cotton stated that there would be no blasting anywhere. He stated that the cable would be 5 miles out in Salem Harbor. He described the cable for the Commission and the equipment that would be needed along with the cable. The cable will enhance Internet communications, and telecommunications. Paul Orr asked what the construction methodology would be. Mr. Cotton explained that the cable would be towed and the work in Salem should take an hour and a half. He explained the process. Page 2 • Paul Orr asked how much displacement would occur. Mr. Cotton stated that • the cable itself is so small that it all tends to fall back and within a short period. Debbie Hurlburt asked when they are planning to do the work. Mr. Cotton stated that they are hoping to do the work in May or June of next year. Debbie Hurlburt opened the hearing up for public comment at this time. Bob Blair of the Salem Ferry asked to see where the location of the cable would be. Mr. Cotton noted the location and also noted that when the cable is installed the information would be provided to the Defense Mapping Agency and they will mark the charts and they will be distributed. 1 p�l Baty n no �t� G&%� Motion made by Paul Orr to close the public hearmg, seconded by Abby Burns and approved unanimously. Paul Orr stated that he felt that the impact would be minimal if any. Debbie Hurlburt agreed and suggested that the Commission condition that the work comply with all State, Federal, and Local regulations, and that the work be done in accordance with the plans submitted. Abby Burns moved and Kevin Cornacchio seconded a motion to approve the • Notice of Intent with the above conditions. The motion was approved unanimously. Public Hearing - Determination of Applicability 130 Bayview Avenue The applicant addressed the Commission and explained that they are requesting to take a summer home that is not insulated and rebuild it. The Commission reviewed the plans. She explained that the house would be replaced on the existing foundation. She noted that they would be moving the locations of the stairs. She stated that they would like to do the work as soon as possible. Steve Dibble stated that the work would be done inside the buffer zone. He noted that he has a couple of concerns one being stockpiling which the applicant has said there would be none, and the other is catch basins and there are no catch basins. He recommended that the Commission condition the stockpiling in the event that the need may arise for it. Karen Fabiszewski asked where the machines would be located. The applicant stated that all work would be done from the street side. The closest catch basin is down by the beach. • Page 3 Debbie Hurlburt suggested that she would like to see a silt barrier and hay . bale line which could also serve as a limit of work line which they could not go beyond with equipment etc. Kevin Cornacchio asked if the new roof would be larger, noting that he is concerned about roof drainage. The applicant stated that it would not be much different from what is there now. The applicant asked how far the hay bales should be. Debbie Hurlburt suggested that they should be 25 feet from the ocean. Debbie Hurlburt opened the hearing up for public comment at this time. Barry Kye of 96 Bayview Avenue addressed the Commission and spoke in support of the project. A letter of support from the neighbors was also presented to the Commission. Paul Orr moved to issue a Negative Determination with the condition that hay bales and a silt fence be installed 25 feet from the ocean, and that the Commission be notified when the work starts, seconded by Kevin Cornacchio. The motion was approved 5-1 with Debbie Hurlburt opposed. She noted that -tke felt that the filing should have been a Notice of Intent since this ism major pTeject, but she is not opposed to the project. work- , Public Hearing - Determination of Applicability - proposed construction of a dwelling at 42 Clark Street - Mr. James Connick Mr. Connick addressed the Commission and explained that he wants to build a single family house 120 feet from the buffer zone. Debbie Hurlburt asked if any grading would be done within the hundred foot buffer zone. Mr. Connick stated that all work will be done outside of the buffer zone. It was noted that members of the Commission have visited the site. Steve Dibble noted that if any of the work goes into the buffer zone he would have to file a notice of intent. Motion made by Paul Orr to issue a Positive 1 on the Determination of Applicability for 42 Clark Street, seconded by Kevin Cornacchio and approved unanimously. Page 4 • • Continuation of Discussion with Goldeneye Corporation for permission to do work on land owned by the Conservation Commission Bob Blair and Bo Salem addressed the Commission and noted that a site visit was held by the Commission. Abby Burns noted that the area looked good and she does not have any problem with the proposed work. rr ary {� e stM 4a�Q Debbie H�rlbuA revie ed thaff report on the project. She called on Steve Dibble for :: concern. He recommended that the Commission condition that the work be done this fall/winter as indicated by the applicant. He also suggested that they should condition the timetable for the stockpiling of the material that would be dewatered. He noted that the material on Pickman Park needs to be hauled away. He also noted that there could be some damage on the Forest River Trail but that will be nominal. A discussion was held on the amount of the material that would be removed and who would be responsible for the removal. Steve Dibble suggested that Goldeneye should be charged with the removal of the material so that the Com Ss p has spmeone who is respo%ib�e f x the after. He also noted thatf0c eneye nas an agreement with tTie �ity of alem they can wor • that out with the city. Mr. Blair disagreed noting that the permitting has been a joint venture with the City and they have made a commitment with the Army Corp. of Engineers that they would remove the material. Karen Fabiszewski questioned if the Commission could hold both parties responsible, noting that they cannot hold someone responsible who is not before us, questioning if the city is included in this process. Mr. Blair stated that he would rather that the city live up to the agreement to haul the material away. Mr. Blair noted that it is his understanding that Steve Dibble has been instructed by the Mayor to cooperate on this mitigation project. Paul Orr asked if the city is included in this application. Steve Dibble stated that the city is working with Goldeneye on this but it is Goldeneye that is before the Commission tonight. The cost and conditions should be directed to Goldeneye. • Page 5 Karen Fabiszewski clarified that the city is working with them in the • permitting process. Bob Blair explained that a permit was issued by the Army Corp. of Engineers on a joint application with the City of Salem, and the city agreed to certain portions of the project. Paul Orr stated that he felt that the City should be part of this approval as well. He noted that the participation of the city is part of the permit that was issued. Steve Dibble explained that his intention was to have some clarity as to who would do the work and then if Goldeneye has an agreement with the City they should go to the City to have them do what they agreed to. Mr. Blair stated that he would accept the role as the responsible party. Motion made by Kevin Cornacchio to allow Goldeneye to do the work as proposed, in the Forest River Conservation Area and Pickman Park, and that all work shall be done between December 1999 and February 2000, and all work should be completed continuously until completed, and Goldeneye will gresponsible party to insure the removal of the dredged material on all sites, and that the Forest River Conservation Area will be restored to a minimum of the existing conditions, seconded Abby Burns and approved unanimously. • Old/New Business Continuation of Discussion on DEP file# 64-279 - 50 Ravenna Avenue Steve Dibble updated the Commission on the progress of the modification to the plan. The applicant is in violation at this time. Kevin Cornacchio reported that he visited the site and the rip rap increased the integrity of the hill, it is a good solid wall. Laura Rome stated that she is a little concerned about how the wall is going to hold up over the winter. Debbie Hurlburt asked how different the work that was done is from what was approved. Steve Dibble stated that it is substantially different from what was approved. Debbie Hurlburt stated that she is concerned that if there is an Order of Conditions out there that has not been followed, the applicant should have come back to the Commission and followed the process. She reviewed the options that the Commission should take. She also stated that if the Commission is going to allow what is there to remain, she would accept that on the basis that a Structural Engineer reviews in and verifies that the structure is safe. She noted that she felt that a modification would be stretching this since a significant change was made. Page 6 • Mr. Jermyn addressed the Commission and reviewed his approved plan and • what he did that was not according to the plan. He noted that the plan called for a retaining wall and that is not necessary with the work that was done. Steve Dibble noted that the slope is steep. Kevin Cornacchio stated that he didn't think that there is a significant change in the slope that was proposed. Debbie Hurlburt questioned if the topography was the same. Mr. Jermyn stated that they should be relatively close. He stated that he felt that the slope is stable and suggested that the Commission take a look at the area in a couple of months to see that it not moved. Steve Dibble stated that the Commission could work within this existing Order of Conditions by amending it and requesting that the applicant have a structural engineer certify that the slope is stable. Debbie Hurlburt addressed the applicant and stated that the Commission is concerned with the resource area and that is their only concern, and that is why they have the procedures that they have. Mr. Jermyn stated that the method changed in his plans but the accomplishment was the same. He stated that he would agree to have an engineer certify the integrity of the wall. • Steve Dibble recommended that the Commission continue the matter and then the applicant can have a hearing and wrap the project up. Debbie Hurlburt suggested that the Commission send a letter or enforcement order be issued stating that no work can occur in the buffer zone until a new Notice of Intent is presented. Work outside of the buffer zone can be completed in the meantime. Motion made by Abby Burns to issue an enforcement order on this project to ensure that no work takes place until a new Notice of Intent is presented, seconded by Kevin Cornacchio and approved unanimously. Paul Orr suggested that the Commission request that the abutters be notified of the new NOI and that the matter be advertised in the paper. The Commission discussed the process with the applicant. The next meeting of the Commission will be held on November 18, 1999 at 7:00 p.m. • Page 7 Discussion of Local Ordinance , • The Commission received a letter from City Solicitor William Lundregan regarding the application of the Local Ordinance. The Commission held a discussion on the local ordinance as it pertains to the recent Gelpy decision. Karen Fabiszewski stated that she reviewed the Ordinance and the WPA and her interpretation is that the state guidelines are the minimum and if the local ordinance is stricter, that must be applied. The Commission discussed their interpretation of the ruling by Attorney Lundregan and a previous opinion by Assistant City Solicitor John Keenan. Karen Fabiszewski suggested that she may want some further clarification on-f',S ;5s u Steve Dibble will put the matter on the agenda for the next meeting for further discussion. Discussion of Open Meeting Law Workshop Debbie Hurlburt reported that she and other members of the Commission attended the workshop and learned a lot of valuable information. She noted that legally you only have to post the meeting, and an agenda is not required. • She also noted that Site Visits must be posted. In the event that they are not posted, they can still be held, but no discussion can take place if a quorum is present. Certificate of Compliance - 37 Station Road Steve Dibble stated that he has a request for a Certificate of Compliance from Barry DeFrancesco for 37 Station Road. He noted that he has not issues with the project and everything is in compliance. Motion made by Paul Orr to issue a Certificate of Compliance for 37 Station Road, seconded by Kevin Cornacchio and approved unanimously. Discussion of Drafting Guidelines Steve Dibble reported that Mark George had asked for packages to be distributed earlier and he requested a vote of the Commission to establish a deadline for applicants to submit and he would like to add that eight copies be submitted with the applications. Page 8 • • Steve Dibble recommended a timetable of by noon on Thursday two weeks prior to a meeting for Determinations and Notices of Intent and noon on Thursday one week prior to a meeting for all other business. A discussion was held on timetables and the requirements that the Commission needs to Paul Orr moved and Kevin Cornacchio seconded a motion to adopt the regulations for filing with the Commission as recommended by Steve Dibble. The motion was 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: Eileen M. Sacco, Clerk Salem Conservation Commission • CC102899 Page 9 • • Salem Conservation Commission Minutes of Meeting November 18, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, November 18, 1999 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 and Kevin Comacchio. Also present were: Conservation Administrator Steve Dibble and Clerk Elaine Cook. Approval of Minutes Karen motions to continue discussion of approval of minutes on the 9`". Debbie Hurlburts notes are there but she is not in attendance. Discussed the need to have minutes available to them 2 weeks prior to the meetings. Karen Fabiszewski motions to table the vote on approval of the minutes until the next meeting. 2"d by Abby Burns. Mark George motions to move agenda around, all agreed. • Mark George calls Attorney George Atkins. Mr. Atkins withdraws his representation of a matter in which will be before the commission this evening, 11-23 Outlook Avenue. 71).m. Mark George motions for Executive Session, 2"d by Karen Fabiszewski. Public Hearing—Determination of Applicablity: George Belleau, 11-23 Outlook Avenue,jurisdiction of the area and whether the boundaries of resource areas are accurately delineated. George Belleau and Christopher Mello address the Commission and explain their intent to develop this current unimproved& vacant land. They express there need for the Commission to delineate the boundary of the land so they may file definative subdivision within the next week or so and file a notice of intent with this Commission. Chris Mello is from the Eastern Land Survey Co., he reviews the drawings in which he displays. The drawings show the improvement to Scenic Way,bringing into a culdesac with proper utilities. The Board of Appeals have granted them relief from the frontage requirements. Mr. Mello's opinion is that this proposal makes good economical sense for development of land oppose to putting a street right through or behind putting a burden on the people of Scenic Way. The resource area is discussed, they want from the Commission some type of affirmation • of recourse area from the bottom of the swail to the buffer @ 100 feet. PAGE 1 Steve Dibble states the Commission cannot make a determination without better • documentation of the type of resource area. Mark George asked Steve Dibble if he ran this against the wetlands map to determine if it shows up on USGS. Steve excuses himself to check the historic wetlands map. It was determined that this body of water is not a river. Chris Mello states that is shows up on Jerry Longs map as an intermittent stream with no peak. Buena Vista Avenue is a paper street that hits it from both ends. Steve Dibble recommends the package is not complete .Chris Mello submits new information about wetlands. The site visit along with a signature from the environmentalist should be discussed in the next meeting when all the members are present. Steve thought they might have filed differently. Steve suggests they read & digest this information submitted tonite to determine by evidence supporting their request. Chris does not want to argue but does not understand the delay. A site visit is planed to determine if wetland or intermittent stream. In the audience is two abutting neighbors, Mr. & Mrs. John Jermyn. Their concern is the drainage that is further going into the culvert, Mr. Jermyn states he grew up there and it always has been an intermittent stream. He describes the directions of the stream and area. Agrees with what has been stated in terms of wetlands. Mr. Jermyns states the water runs more now than it did many years ago, primarily because if is fed as a storm drain, not a natural drainoff of the topography. • Mr. Jermyns offers the Commission use of his fathers land at 146 Marlborough Road to access the area easier for this site visit. He leaves his telephone number. 744-6519. Site visit scheduled for Saturday November 20`h 9am. Motion made by Karen Fabiszewski, 2nd by Kevin Comacchio to continue public hearing to December 9, 1999. Continuation of Public Hearing—Notice of Intent—Denise Gafanhao, 155 Marlborough Road—Proposed regrading of existing lawn in outer riparian zone of Strongwater Brook. Mark George addressed the Commission by suggesting he cannot vote. He was not at the beginning of the hearing. Steve Dibble recommends to continue to the next meeting on December 9`h. Steve Dibble had talked with Denise Gafanhoa earlier in the day and she did not mind the delay. Motion to continue made by Mark George, 2nd by Karen Fabiszewski. Old/New Business/Other a. Discussion of local ordinance, noted copy provided by Debbie Hurlburt • 1"topic: Golden Eye Corporation. PAGE 2 Mark George wants to challenge the State of Massachusetts of the issuance of Chapter 91 • license to Golden Eye Corporation. The hearing is Wednesday, December 2"d 2pm. Mark feels Golden Eye did not tell the State that the local approval was not for the permitting of the pier facility but just for the floatation system. Everyone agreed. 2"d topic: The State has invited a number of cities and towns to catalog sites that you wouldlike to take in effectively landbank and turn into conservation. Steve has identified 3 sites. 3`d topic: Mark would like to review the order of conditions recorded on Golden Eye. Mark recalls Bob Blair saying "you know Mark, we really don't know where we are going with that yet, it's like a moving bulls eye, there's a lot of things going on, maybe we can work with this now and we'll get back to you." 4`h topic: Letter A Steve recommends they table until next meeting until everyone is their with regards to Debbie Hurlburts comments in varying the wetlands protection act to the ordinance. 5`h topic: Science fair December 2"d 6pm- 7:30pm at Saltonstall School. Conservation Commission will have a table to answer peoples questions. Steve suggests to staff the table in shifts. 6`h topic: Areas in need of protection. Steve holds up 3 pictures : 1) Thompson Meadow 2) The Lead Mills, 3) Forest River. Steve suggests this is a"wish list"to have available for Bob Durand, Executive Office of Environmental Affairs. The object is to have list/areas ready for discussion if the Federal Government offers funding. Abby suggests Salem Woods as well, Steve states it's under Salem Park& Rec Department. 7t topic: Harbor Plan has 3 meetings scheduled for public discussion, it is encouraged that all members make at least 1 meeting. 81h topic: Bicycles in Forest River Park. A proposal went to Milts office as well as the Mayors office. The idea"turned Milts hair grey", the Mayor sent Milt to Mark George and Steve Dibble. 9th topic: DPW Salem Sound 2000. Steve met with them regarding projects on improvement of the South River with Golden Eye and the Town of Marblehead. One of their issues is that the City Engineer file for a grant application for doing remediation work on the Forest River. In closing, Mark comments they should all get better acquainted with the local by-laws. Motion to adjourn by Mark, 2nd by Karen. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Elaine Cook, Clerk . Salem Conservation Commission PAGE 3 Ne co V4 1A1 • Salem Conservation Commission Minutes of Meeting Thursday, December 9, 1999 A regular meeting of the Salem Conservation Commission was held on Thursday, December 9, 1999 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were:, Abby Burns, Karen Fabiszewski, Paul Orr,Kevin Cornacchio, Laura Rome and Debbie Hurlburt. Also present were: Conservation Administrator Steve Dibble. In the absence of Chairman Mark George,Debbie Hurlburt assumed the chair and called the meeting to order at 7:00 p.m. Determination of Applicability - City of Salem Engineering Department Improvements to Swampscott Road ASs,s+,,,+ C47 E ,xv Mike Collins addressed the Commission and recalled that three years ago the Commission approved plans for the reconstruction of Swampscott Road. He noted that the construction is being funded and administered by the State and they have just gotten to the project and the Order of Conditions was only good for three years. He requested that the Commission approve another determination so that the state can proceed with the work. Mr. Collins noted that the contractor has done some preliminary work and the project is pretty straight forward. He noted that for all 4=and purpose it is considered a repaving job. He presented the plans to the Commission. Debbie Hurlburt asked if there were any conditions attached to the original determination. Mr. Collins stated that there were no conditions. Paul Orr asked that the resource areas be identified. Steve Dibble pointed out the locations on the assessors map. Mike Collins explained that there are some streams and culverts that cross under the roads by Maynard Plastics and the very end of the project is adjacent to Thompson's Meadows. Paul Orr asked if there would be any excavation. Mr. Collins said that it would only be a repaving job and explained the process. He noted that some of the catch basin locations would be relocated. Steve Dibble noted that he was told by Mass Highway that there would be no new catch basins installed on the project. He also noted that Mike Collins assured him that should they need to install any new catch basins they would be deep sump catch basins. Laura Rome asked if there has been any change in the plans with relation to the resource areas since the project was approved. Mr. Collins stated that the plans have basically been sitting on a shelf waiting for funding from the state. • • Debbie Hurlburt asked if theyplan to install haybales around the resource areas. Mr. Collins stated that they plan to use haybales and Mass Highway has an environmental manger for the project and they will follow regulations. Debbie Hurlburt opened the hearing up for public comment at this time. There was no one present who wished to speak on this matter. Motion made by Kevin Comacchio to issue a Negative Determination 3for the City of Salem to make improvements to Swampscott Road 300 feet easterly of Highland.Avenue to the Swampscott line, seconded by Abby Burns and approved unanimously. Public Hearing-Notice of Intent - City of Peabody - Improvements to Sewer Lines near the North River on Harmony Grove Road Bob Hoover of Weston and Sampson Engineers addressed the Commission on behalf of the City of Peabody and explained that they are consultants for a project which is a flood improvement project in the City of Peabody. He explained the plans to the Commission and background information. Mr. Hoover explained that the purpose of the project is to improve the flow of the North River near the Salem Oil and Grease property. He also noted that there will be some improvements to the sewer flow from the Salem Oil and Grease property and explained • the process that they will use to correct the problem that exists there. He explained that they have reached an agreement with Salem Oil and Grease to change the way that the sewer flows to the City of Salem by removing a pipe and usea pressure line and a single grinder pump. He explained theprocess that they would use and noted that this process is beneficial since it will lessen the amount of excavation that they would need to do near the river. Mr. Hoover reviewed the resource areas on the plan with the Commission. Mr. Hoover stated that there are two letters of support for the project from the Directors of Public Services for the City of Salem and the City of Peabody. Debbie Hurlburt read the letters to the Commission and they are on file in the Planning Department. Kevin Cornacchion asked how much space they would be gaining by removing the pipe under the bridge. Mr. Hoover explained that they would remove the pipe rather than remove the bridge Laura Rome asked that they explain how,they plan to cut the pipe. Mr. Hoover explained the process of cutting the pipe. Paul Orr asked what the size of the pipe is that they plan to replace. Mr. Hoover explained that it is a low pressure sewer pipe of 1 '/z inches, since it is a single family • residential type flow. • Debbie Hurlburt asked if they plan to use hay bales and silt fences in the project. Mr. Hoover explained that they will be using hay bales and silt fences and explained the areas that they will be working in. Ms. Hurlburt asked how long the i Steve Dibble recommended that the Commission call on Mike Collins to get an opinion on whether the rest of the pipe should be removed to avoid back charge from the SESD property. Steve Dibble recommended that the pipe should be capped . Mike Collins stated that is would be practical and would not be expensive. Debbie Hurlburt opened the hearing up for public comment at this time. There was no response. Mr. Hoover stated that this has been a long standing battle for 30 or 40 years and has been a long time coming for a solution. Debbie Hurlburt asked if the Commission wanted to have a site visit. The Commission indicated that a site visit was not necessary. A motion was made by Paul Orr to close the public hearing, seconded by Abby Burns and approved unanimously. Motion made by Abby Bums to issue a standard Order of Conditions with the additional condition that the entire abandoned pipe line be plugged and that the method and materials • shall be approved by the City Engineer, prior to the plugging of the pipe, seconded by Paul Orr and approved unanimously. Public Hearing - Determination of Applicability- 266 Canal Street -John Bertini Trustee Atty. George Atkins addressed the Commission on behalf of his client and explained the location of the property. He noted that the proposal is to lease the building to Dion's Yacht Yard and minimal changes are proposed. He explained that they propose to install a ramp for the boats to enter the facility and install a new water line for the sprinkler system, as well as remove an old septic system and install a pipe 300 feet to the sewer system on Canal Street. He also noted that there are Board of Health requirements that they will adhere to. Atty. Atkins noted that at the request of Councillor Elect Joseph O'Keefe, they have had discussions with the Fire Department regarding a license for the storage of diesel fuel on the site. He noted that the boats will have varying amounts of fuel in them depending on the boat. He noted that Mr. Bertini has obtained an application for the permit and it needs to be signed by the Fire Chief. Laura Rome asked to have the location of the existing waster water system located on the plan. Atty. Atkins located the area on the plan. • • Abby Bums asked if there was an advantage to have the diesel fuel stored in the boats. Atty. Atkins stated-that it,is.preferable to have fuel in the boats and is more of a fire hazard if they are empty. Kevin Comacchio asked if this would be solely a storage facility or would maintenance be performed on the site. Atty. Atkins stated that there would be very little maintenance. He explained that the boats would be trucked in the fall and some winterization maintenance would be done in the building and then in the spring preparation for launching such as polishing would take place. He noted that there would be no storage of paint of materials on the site, noting that they would be stored at their main facility on Glendale Street. Larger repairs will also be done on Glendale Street. Kevin Cornacchio questioned the location of the existing septic system. Atty. Atkins stated that they believe that the location is in the area of the building known as the Scale House. Debbie Hurlburt read a letter from Joseph O'Keefe expressing his concern about the quantity of fuel that would be stored on the property and the drainage issues that concern the neighborhood. Debbie Hurlburt noted that the letter was received from the Board of Health outlining the process for abandoning a septic system. Atty. Atkins noted that the Planning Board approved was contingent upon all licenses and permits being obtained. Debbie Hurlburt opened the meeting up to public comment at this time. Councillor Elect Joseph O'Keefe addressed the Commission and stated that he wished to go on record as being opposed to application. He asked to look at the wetlands delineation. Debbie Hurlburt noted that the plans indicate the area and the area has been flagged. Mr. O'Keefe asked if it was common for the Commission to go out and look at the site. Debbie Hurlburt noted that the Commission often makes a site visit if they need to. Mr. O'Keefe expressed his concern about the order in which permits are obtained, noting that in this case the Fire Department should have been consulted first and not last. He also noted that he would request that the ordinance have some language clarifications by the City Council. Mr. O'Keefe requested that the Commission look at the broader implication of the project. He explained his concerns and the long term effects on wards five and seven. John Bertini addressed the Commission and noted that he did go to the Fire Department and was told that all they needed was a sprinkler system. He also noted that the fuel is not going to be stored in tanks. • • Debbie Hurlburt stated that she would like to do a site inspection. She also noted that she has a problem with the proximately of the storage of boats in the resource area. Paul Orr noted that his biggest concern is that the entire property is in the buffer zone. Frank Bertini addressed the Commission and asked if the ocean is considered a resource area. He noted that every boat yard is right next to the ocean. Fred Atkins addressed the Commission and showed them the area and location of his existing boat yard. He noted that most of the boats have a 20 or 30 gallon fuel tank. He explained that if there was a fuel leak it would end up in the boat and not on the ground. Paul Orr asked to have the light maintenance described. Arty. Atkins explained the kinds of maintenance that would be done on the site. Steve Dibble asked if the applicant was in compliance with the Rivers Protection Act. Chris Mello explained the plan and noted that there is a marsh and some reeds there. Debbie Hurlburt questioned why the applicant requested a Determination of Applicability and not a Notice of Intent. Atty Atkins stated that he views this as a use question and not that of the impact on the resource area. Debbie Hurlburt stated that she felt that if there is going to be outside storage of boats near the resource area and it can be thought of as • impact potential. She also noted that she likes the idea of an Order of Conditions on a project of this nature. She explained that the Commission would have more of a comfort level and could take a look at the this in three years and see how it is going. Mr. Atkins expressed his concern about the financial impact of being reviewed again in three years. Debbie Hurlburt stated that if the Commission does choose to issue a Determination they would always have Enforcement Orders to fall back on should there need be. The Commission discussed possible dates for a site visit. The Commission will visit the site on Saturday, December 18, 1999 at 8:30 a.m. There being no further questions or comments at this time a motion was made by Paul Orr to continue the public hearing to January 13, 2000, seconded by Abby Bums and approved unanimously. Debbie Hurlburt recommend that the applicant should supply the Commission with some contingencies at the next meeting. • Continuation of Public Hearing -Notice of Intent - 155 Marlborough Road • Abby Burns noted that she visited the site and there was a lot of dirt on the site. Steve Dibble noted that a lot of the dirt that is there is outside of the jurisdiction of the Commission. He explained that the applicant is asking to spread and fill 180 feet from the outer riparian zone. He also reminded the Commission that they imposed no cut, no disturbance areas on other lots in this area. He recommended that they could approve this with the conditions that the City Engineer approval of the drainage alteration permit so that the down gradient lots will not be affected by their actions, and that granite bounds be placed on the inner riparian zone line. Abby Burns asked where the fill came from. The applicant stated that it came from a school construction site in Lynn. There being no further questions of comments regarding this matter, a motion was made by Paul Orr to issue ank Order of Conditions for 155 Marlborough Road, based on the Notice of Intent with standard conditions and a no cut no disturbance zone in the entire riparian zone, and in addition the Commission should receive a copy of the approval of the City Engineet seconded by Kevin Comacchio and approved 5-1 with Debbie Hurlburt opposed. — a 8 a'h-kq" I{c�y},w fir, A Continuation of Public Hearing-Determination of Applicability- 11-23 Outlook Avenue - • George Belleau Debbie Hurlburt noted that she visited the site with Mark George and Abby Burns. She asked for a more defined letter from Sommer Environmental and that has been received and her concern has been alleviated. She asked if the Commission has any further questions on the matter. The Commission reviewed the options available to them for a Determination of Applicability. Steve Dibble recommended that the determination could be a positive Ii Motion made by Abby Burns to issue a positive determination number 1, seconded by Paul Orr and approved unanimously. Request for Extension of Order of Conditions#64-259 - Ken Steadman - Clark Avenue 1� Debbie Hu Burt asked if this project was progressing at all. Steve Dibble stated that the project has completed most if not all of the replication and work in the wetland area. The applicant has one more house to build and he should be in for a certificate of compliance in six month to a year. Steve Dibble recommend issuance of the extension. Motion made by Kevin Comacchio to ewterA order of conditions#64-259 for Clark Avenue for one year, seconded by Paul Orr and approved unanimously. • • Request for Certificate of Compliance for Order of Conditions#64-254 Swampscott Road - DeLissio Steve Dibble reported that he is in receipt of a request for a Certificate of Compliance. Debbie Hurlburt questioned why the Commission does not receive as built plans. Steve Dibble explained that it is not in the Order of Conditions. Debbie Hurlburt asked to review the Order of Conditions for the project to see if there was anything out of the ordinary required. The Commission discussed the value of having as built plans submitted to the Commission. Debbie Hurlburt explained that she uses the as built plans to compare the plans that were approved to see if there are any changes. Abby Burns suggested that the Commission could go out and look at the site. Debbie Hurlburt suggested that the Commission table the matter to the next meeting on January 13, 2000 and visit the site on December 18, 1999. Motion made by Kevin Cornacchio to table the Certificate of Compliance for#64-255 , 100 Swampscott Road, to January 13, 2000, seconded by Paul Orr and approved unanimously. Debbie Hurlburt suggested that the Planning Department purchase a digital camera and • explained how she uses hers at work. Paul Orr stated that he has access to one that can be used in the meantime. Steve Dibble suggested that the Commission should vote to purchase this for the use of the Commission. The matter was tabled to the next meeting. Certificate of Compliance - #64-153 First Street and Traders Way Debbie Hurlburt noted that this request has interesting wording when they refer to substantial compliance. She noted that she would like it explained what they did not comply with. Steve Dibble agreed noting that this is almost opposite to what he had recommended to the applicant. Steve Dibble noted that this project was approved 10 -12 years ago, and several extensions were granted,the last of which the Commission said was the last one. Debbie Hurlburt recommend that the Commission table the matter until they get a letter explaining what is not in compliance. She suggested that the Commission could visit the site on December 18, 1999. Motion made by Paul Orr to table the matter to January 13, 2000, seconded by Kevin Cornacchio and approved unanimously. • i • Old/new Business Goldeneye Corporation Steve Dibble reported that a meeting was held with DEP on the Goldeneye project and the appeal of the Commission to the issuance of a chapter 91 license before DEP stating that the applicant did not receive full permission from the Commission for the large wooden pier. He explained that the applicant filed the plans that the Commission approved as a final approval and DEP did not understand that. Goldeneye has agreed to come before the Commission at the first meeting in January for an amendment to the Order of Conditions, and the abutters will be notified of the meeting. He also noted that Goldeneye agreed to have an informational meeting for all interested parties interested in the site and issues that have come up in the neighborhood. Paul Orr suggested that he would like to see an administrative record of this property going back to Mackey so that the Commission can be clear on the history of this property. He offered to go through the file and do a chronology if necessary. Steve Dibble noted that there is only one project open on that_property now, and all others have been closed out and issued Certificates of Compliance. Forest River Conservation Area • Steve Dibble reported that the Commission has received a draft of a proposal from Dr. Vorges regarding the use of bikes and other vehicles in the Forest River Conservation area. The Commission held a discussion on the matter. Steve Dibble recommended that an allowance be made for police vehicles to patrol the area. He also noted that the Park and Recreation Commission should approve this as well. Laura Rome noted that she has a concern with number 3 of the letter, noting that she has a problem restricting bikes from recreational areas. Steve Dibble recommended taking all reference to Park and Recreation areas out of this document and notify the Park and Recreation Commission of the action that the Commission has taken on their property. CA-t -C5atev- - Le ,f D-0-;n „ T;AAl T-14s of The Commission received a letter6d photographs of dumping of leaves in the tidal flats of the North River by the City of Salem. Steve Dibble noted that contacts Larry McIntire and notified him and he found that the worker was dumping the material on his own and was not directed to do so. Debbie Hurlburt recommended that the Commission send a letter and the pictures to Mr. McIntire noting that it is illegal for the city to do that and the next time it happens the Commission 71issue an enforcement order. It was recommended that all of the people wwere cc in the letter be cc with this letter as well. r"`�7 • Motion made by Abby Bums to send a letter to Larry McIntire, Director of Park and Recreation, seconded by Laura Rome and approved unanimously. Letter to DEP regarding Mr. Gelpy-Lafayette Street Steve Dibble asked that the Commission vote to ratify the issuance of a`letterkhat was �n�, �10 CIA�( sent to DEP regarding the Lafayette Street property, since the letter had to be sent out Y immediately. Motion made by Abby Bums to ratify the issuance of the letter to DEP regarding Mr. Gelpy's property on Lafayette Street, seconded by Kevin Comacchio, and approved unanimously. Informal Presentation Goldeneye Corporation Bob Blair of Goldeneye Corporation addressed the Commission and briefly explained his plans to address their handicap accessibility issues and gave the members some information to review before they come to the Commission at their next meeting on January 13, 2000. Informational Items • Steve Dibble updated the Commission on several informational items that required no action by the Commission. The discussion on the comparison of the bylaws and wetlands protection act was tabled to a future meeting. Kevin Comacchio expressed concern that Salem Oil and Grease recently had a spill and would like to have a site visit and recommend some suggestions for future problems. Steve Dibble noted that he had several recommendations from Salem Sound 2000 that resulted from several site visits and a canoe trip up the river. He noted that there are several issues in that area and recommended that the Commission take a look at the area. The Commission discussed the spill and recommended that a letter should be sent and perhaps they should be invited in to meet with the Commission. Kevin Comacchio will draft a letter. Approval of Minutes The minutes of the meetings of October 14, 1999 and October 28, 1999 were presented for approval. M©ti ftinade by Paul Orr to approve the minutes of the meetings of October 14, 1999 and • +fir 28, 1999 as amended, seconded by Kevin Comacchio and approved unanimously. r � There being no further business to come before the Commission at this meeting, a motion was made by Paul Orr to adjourn the meeting, seconded by Laura Rome and approved unanimously. The meeting was adjourned at 10:45 p.m. Respectfully submitted by: Eileen M. Sacco,Clerk Salem Conservation Commission CC 120999 • • 0 0 0 N .•