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2001-CONSERVATION COMMISSION 0 on CZ0101 ) 's0`on 0ovos ,-(ION Coy T Conservation Cornnimion Salem Massachusetts 01970 � �� M,1fASSAG�JS You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meetings for 2001 at 7:00 PM, in the second floor conference room at One Salem Green. Debra A. Hurlburt Chairperson January July January 11, 2001 July 12, 2001 January 25, 2001 July 26, 2001 February September February 8, 2001 September 13, 2001 February 22, 2001 September 27, 2001 March October March 8, 2001 October 11, 2001 March 22, 2001 October 25, 2001 April November April 12, 2001 November 8, 2001 April 26, 2001 November 29, 2001 May December May 10, 2001 December 13, 2001 May 24, 2001 December 27, 2001 June June 14, 2001 June 28, 2001 :'� * No meetings scheduled for the month of August. y�inm c�l� y CITY OF SALEM. MA Conservation Commission CLERK'S OFFICE J Salem, Massachusetts 01970 r, 2001 JAN -8 P I* 14 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, January 11, 2001 at 7:00 p.m. in the second floor conference room, One Salem Green. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes 142. Continuation Public Hearing-Notice of Intent—NSSS LP c/o The Dolben Company, Inc., 25 Corporate Drive, Burlington, MA, proposes construction of a 11, 000 square foot parking lot expansion with 21 additional and associated drainage facilities at.36 Swampscott Road. Work will also include erosion controls, grading, bituminous pavement and curbing, lighting, landscaping,retaining wall construction and pavement markings. 3. Public Hearing- Notice of Intent—Hawthorne Cove Marina, 10 White Street, Salem, proposes to reconstruct an existing timber pile travelift pier and the replacement of 50 feet.of an existing stone bulkhead which has failed with steel sheet piling bulkhead and tieback. 4. Old/New Business/Other a. Forest River Conservation Area— Update. This notice >aos?:,d e;i ^Ctflc_ai ;;;tetln �Dtunrd" C'Ity Hall Ave., aiam, m;js, •: MI'L tN"�"*rN'' li 'Ivr;1 i %' 114P. 39A 229 of M I'L Salem Conservation Commission • Minutes of Meeting Thursday, January 11, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, January 11, 2001 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were Chairwoman Debbie Hurlburt, Michael Allen, Abby Burns, Karen Fabiszewski, Laura Rome, and Joseph Furnari. Also present were Don Cefalo and Eileen Sacco, Clerk. Kevin Cornacchio was absent. Continuation of Public Hearing - Notice of Intent - NSSS LP c/o The Dolben Company Inc. - proposed construction of an 11,000 s f parking lot at 36 Swampscott Road Tom Donahue of Allen and Major addressed the Commission and explained the changes they have made to the plans since the site visit. He noted that the curbing has been changed to precast concrete rather than the proposed bituminous and the snow storage area has been moved to an area further away from the resource area. Mr. Donahue also noted that they are comfortable that the sight is a degraded site that has been filled. He also noted that over the years debris has been dumped there as well. Debbie Hurlburt read a letter to the Commission from Barbara and John Sullivan, 9 Good Hope Lane and a petition in opposition to the project from several neighbors. She also noted that the Commission received a communication from DEP which indicated that they do not feel that the site is not a degraded site. Steve Erikson addressed the Commission and stated that he disagreed with DEP and cited the regulations. Debbie Hurlburt stated that there must be top soil there in order for the trees and vegetation that are on the site to thrive. She also noted that she felt that at a minimum the site should be cleaned up, not just paved over. She also noted that there is erosion out there and a cleanup would be an improvement to the site. Mr. Erikson stated that they feel that all of the material is fill and the whole area is degraded. He asked that they be allowed to provide some additional information after doing some test borings. Barbara Sullivan of 9 Good Hope Lane addressed the Commission and stated that she does not believe that the trees on the site are scrubs. She noted that there are birds and wildlife present in the area and that there has to be soil on the site to support the trees. She suggested that she would like to see Gold's Gym move to the Enterprise Center at Salem State College as originally planned. She also noted that if the Conservation Commission approves the project, she would like, at the very least, more than one expert opinion on the matter. Mr. Erikson suggested that they should be allowed to do some test borings and present the results to the Commission in two weeks. • 1 Debbie Hurlburt noted that she would not be likely to change her mind on this, noting that • there are three other members of the Commission that she could not speak for. Laura Rome stated that if the applicant wants to forward some additional information to the Commission, she would be willing to look at it. Joe Furnari stated that additional information and definition may clarify things. Karen Fabiszewski stated that she tends to agree with Debbie Hurlburt, noting that she did not know what information they could provide that could sway her. Mr. Erikson asked that the Commission continue the Public Hearing so that they can provide additional information. A discussion was held on the procedures that the applicant should follow to access the site in order that there is minimal disruption to the area, and that there is no damage to the trees. Debbie Hurlburt suggested that the Commission would have the area marked where they can enter the site and mark where they can dig the test pits. John Sullivan of 9 Good Hope Lane addressed the Commission and noted that it is the wish of the neighbors that the wetlands be maintained as they were. • Motion made by Joe Fumari to continue the Public Hearing to January 25, 2001, seconded by Laura Rome and approved 3-2-1 with Abby Burns and Debbie Hurlburt opposed and Michael Allen voting present. Public Hearing -Notice of Intent - Hawthorne Cove Marina- 10 White Street David Vine addressed the Commission on behalf of his client Russ Vickers. He explained that they are proposing to replace an existing stone bulkhead and pile supported travel lift. He explained that it is a steel framed apparatus that pulls boats in and out of the water, and showed photographs of the area. Debbie Hulburt asked what CCA treated was. Mr. Vine explained that it is cressure treated timber that is acceptable to use in the resource area. Karen Fabiszewski asked what the time frame for the project would be. Mr. Vickers explained that they will start as soon as they can in March and it should take 2-3 weeks. He also noted that he wants the project completed by April 1. Mr. Vine explained that they may use a small barge with a crane on the land side. Karen Fabiszewski asked why they were replacing the stone bulkhead'with steel. Mr. Vine explained that the steel sheet bulkhead is better technology. • 2 Debbie Hurlburt opened the hearing up for public comment at this time. There was no • response. There being no further questions or comments on the project, a motion was made by Abby Burns to close the public hearing, seconded by Laura Rome and approved (6-0). The Commission discussed conditions for the project as follows: Stockpiling shall be outside of the buffer zone. A contingency plan shall be in place and filed with the Conservation Commission prior to the commencement of the work. Forty eight hours notice shall be give prior to the start of construction. Motion made by Laura Rome to issue an Order of Conditions, with special conditions to Hawthorne Cove Marina, seconded by Abby Burns and approved(6-0). Discussion with Dr. Vorgeas - Update on Forest River Conservation Area Dr. Vorgeas addressed the Commission and explained the programs that are planned for the year 2001. He explained that some signs have been donated by Home Depot. • Abby Bums stated that she would like to see the signs before tiles are put on them. Dr. Vorgeas stated that he would try and get a picture of the signs. Karen Fabiszewski stated that she is concerned about having people out there policing the area and enforcing regulations, noting that she feels it is a safety issue. Joe Furnari questioned if Dr. Vorgeas was looking for approval or just reporting on ongoing projects. Dr. Vorges stated that he was updating the Commission. Mr. Furnari stated that he would like something submitted to the Commission throughout the year. Debbie Hurlburt noted that the Commission has talked about having Dr. Vorgeas report bi-monthly. Laura Rome noted that she had gotten the impression from Lee Brossoit from SSC that the college was not interested in moving forward with anything at this time. A discussion was held on the WPA and the intention of the college. Salem State College should be submitting an application. Debbie Hurlburt suggested that the Commission meet with officials from SSC to get clarification of their intentions. • 3 Old/New Business • Debbie Hurlburt stated that she would like to have the schedule for the closing of the Forest River tidal gates soon so that the Commission can submit it to Mayor Usovicz. Debbie Hurlburt stated that she would like to have all vernal pools in the city certified which would give the areas extra protection status. There being no further business to come before the Conservation Commission at this meeting a motion was made by Joe Fumari to adjourn the meeting, seconded by Laura Rome and approved unanimously. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC011101 • • 4 ,P(ION roM Oyg �,O Conservation Conuni%ion Salem, Massachusetts 01970 •��A"IASSAGNJS� Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, January 25, 2001 at 7:00 p.m. in the second floor conference room, One Salem Green. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. • 2. Continuation Public Hearing- Notice of Intent—NSSS LP c/o The Dolben Company, Inc., 25 Corporate Drive, Burlington, MA, proposes construction of a 11, 000 square foot parking lot expansion with 21 additional and associated drainage facilities at 36 Swampscott Road. Work will also include erosion controls, grading, bituminous pavement and curbing, lighting, landscaping, retaining wall construction and pavement markings. 3. Public Hearing— Request for a Determination of Applicability—City of Salem Planning Department, One Salem Green, Salem, MA—Request a determination for work associated with the proposed construction of the Marblehead Branch bicycle trail from Lafayette Street to Loring Avenue and a proposed extension along the Lincoln Road right-of-way. 4. Public Hearing—Request for a Determination of Applicability—National Grid/Massachusetts Electric Company, 55 Bearfoot Road, Northborough, MA - Request a determination for work related to subsurface field and laboratory chemical investigation within the Collins Cove intertidal flats and coastal beach, adjacent to the National Grid/Mass Electric Company, to comply with Massachusetts Contingency Plan. Work will include temporary test pits, sediment core sampling and the removal of debris associated with historic operations from the coastal beach. 5. Old/New Business/Other • • Salem Conservation Commission Minutes of Meeting Thursday, January 25, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, January 25, 2001 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were Chairwoman Debbie Hurlburt, Michael Allen, Kevin Cornacchio, Karen Fabiszewski, Laura Rome, and Joseph Fumari. Also present were Don Cefalo and Eileen Sacco, Clerk. Abby Burns was absent Approval of Minutes The minutes of the meeting of October 26, 2000 were presented for approval. Laura Rome moved and Karen Fabiszewski seconded a motion to approve the minutes of October 26, 2000. The motion was approved 5-0-1 with Mike Allen voting present. The minutes of the meeting of November 9, 2000 were presented for approval. Kevin Comacchio moved and Karen Fabiszewski seconded a motion to approve the minutes of the November 9, 2000 meeting. The motion was approved 5-0-1 with Mike Allen voting present. • Continuation of Public Hearing-Notice of Intent -NSSS LP c/o The Dolben Company Inc. - proposed construction of an 11,000 s marking lot at 36 Swampscott Road Debbie Hurlburt addressed the Commission and recalled that the public hearing was continued to this evening to allow the applicant to perform soil testing on the site. Steve Eriksen of Norse Environmental Services addressed the Commission and reported that they did two tests and found fill material in this case sandy or gravelly loam. He explained that it is dark brown in color which suggests that some amount of organic material is present throughout the fill. He stated that it is interspersed with a great deal of debris, including iron, aluminum, wood, clay, concrete, and glass. He noted that this is clearly mineral soil, not organic. He explained that topsoil is referred to as a mixture of sand, silt and/or clay with some organic matter called humus. Mr. Eriksen stated that with these findings they would have to agree that the site does not have an absence of topsoil as referred to in 310 CMR 10.58 (5), but in fact seems to have an excess of topsoil. Mr. Eriksen noted though that since it is fill material with a great deal of debris, it would still appear to be a degraded site. Mr. Donahue explained that they have redesigned the project to use only 5,000 s.f and they meet the performance standards for storm water management. He explained the revised plans and noted the storm water pretreatment area on the plan and explained the process. He also explained that the existing trees around the perimeter will remain as well • as the one large tree that was to be removed. He stated that the project has been • downsized 50%. Debbie Hurlburt stated that she would like to see the operations and maintenance schedule for the storm water management. Karen Fabiszewski asked where the snow storage area was on the plan. Mr. Donahue stated that a snow storage area will be designated on the self storage property. Barbara Sullivan of 9 Good Hope Lane addressed the Commission and questioned if the number of parking spaces is adequate for Gold's Gym. Mr. Donahue stated that the net gain is 15 parking spaces and any addition is a help for the company. John Sullivan of 9 Good Hope Lane addressed the Commission and questioned if the trees that they propose to plant meet the criteria that was talked about at the last meeting. Mr. Donahue stated that they would be smaller. Debbie Hurlburt asked if the are still filing the plan under re-development. Mr. Eriksen explained the CMR regulation which allows then to file under that option. Debbie Hurlburt asked when they would be starting the work if the project moves forward. Mr. Donahue stated that they would start as soon as the ground thaws. • Laura Rome asked how long the project would take to complete. Mr. Donahue stated that the work should take about two weeks, noting that there is not much work involved. Debbie Hurlburt requested that the applicant grant the Commission an extension of the Public Hearing to the next meeting of the Commission on February 8, 2001 so that the Commission could have some time to review the plan, noting that the changes have been seen for the first time this evening. The applicant agreed that there would be no problem with that. Motion made by Kevin Cornacchio to continue the Public Hearing to February 8, 2001, seconded by Laura Rome and approved unanimously. Public Hearing - Request for Determination of Applicability - City of Salem Planning Department -Request for a determination for work associated with the proposed construction of the Marblehead Branch Bicycle Trail Don Girard of the Salem Planning Department addressed the Commission and explained the plans for the Marblehead Branch bicycle trail from Lafayette Street to Loring Avenue and a proposed extension along the Lincoln Road right-of-way. He explained that they will be removing one tree and replacing it with three trees as noted on the plan. Karen Fabiszewski suggested that they could move the handicap ramp 2 1/2 feet to save • the tree. Don Girard explained that the plan was done three years ago, and although he 2 • was not here at that time he was sure that the staff had tried to save the tree if possible. He also explained that they have been working with Mass Highway on this and a change in the plan could delay things if it needs to be approved by Mass Highway again. Debbie Hurlburt asked what mitigation measure they have on the plan. Mr. Girard stated that they plan to install a silt fence. Debbie Hurlburt stated that she would like to see them use hay bales as well. Kevin Cornacchio stated that he would not like to see stockpiling in that area. Debbie Hurlburt asked when they plan to start the work. Mr. Girard stated that they will start in May or June, noting that this is the fust phase of the project. He explained that the second phase is the Lafayette Street connection to the path. Kevin Cornacchio asked who would be doing the work. Mr. Girard stated that they would be putting the project out to bid and it would be done by a private contractor. Debbie Hurlburt opened the public hearing up for comment at this time. There was no one present who wished to comment on the project. Debbie Hurlburt suggested that she would like them to investigate if the handicap ramp can be moved 2 feet to save the tree. Don Girard stated that he would investigate that • with Mass Highway. Motion made by Kevin Comacchio to continue the Public Hearing to February 8, 2001, seconded by Mike Allen and approved unanimously. Public Hearing - Request for Determination of Applicability- Request for work related to subsurface field and laboratory chemical investigations within the Collins Cove intertidal flats and coastal beach Mark Mahoney of Hart Crowser Inc. addressed the Commission on behalf of National Grid/Massachusetts Electric Company. He explained that they are requesting a determination to perform testing within the Collins Cove intertidal flats and coastal beach, adjacent to the National Grid/Mass Electric Company to comply with the Massachusetts Contingency Plan. He explained that the work will include temporary test pits, sediment cores sampling and the removal of debris associated with historic operations from the coastal beach. He noted that the cleanup would involve hand picking of debris on the beach. Kevin Comacchio asked if they would do the work according to the tide schedule. Mr. Mahoney explained that they would do the cores at high tide and would work on the beach at low tide. He explained that they would do test pits and the rest in stages depending on the tide. He estimated that it would take 1-2 weeks for the testing and 2 • days to clean the beach. 3 • Debbie Hurlburt opened the public hearing up for comment at this time. There was no one present who wished to comment on the project. There being no further questions or comments regarding this matter, Kevin Cornacchio moved to issue a Negative 2 Determination with conditions, seconded by Karen Fabiszewski and approved unanimously. Debbie Hurlburt stated that she would like a copy of the report sent to the Planning Department for the files and that 48 hours notice should be given prior to the commencement of the work. Kevin Cornacchio stated that they should keep the equipment off the beach at night. Old/New Business Debbie Hurlburt stated that she would like to apply for a grant for the Salem Woods and she will prepare that application and have the Mayor approve it. There being no further business to come before the Conservation Commission at this meeting a motion was made by Joe Furnari to adjourn the meeting, seconded by Laura Rome and approved unanimously. The meeting was adjourned at 8:30 p.m. • Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC012501 • 4 �.At, CGM T� Conservation Commission Salem, Massachusetts 01970 1�M 4ASSAG Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, February 8, 2001 at 7:00 p.m. in the second floor conference room, One Salem Green. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Continuation Public Hearing- Notice of Intent—NSSS LP c/o The Dolben Company, Inc., 25 Corporate Drive, Burlington, MA, proposes construction of a 11, 000 square foot parking lot expansion with 21 additional and associated drainage facilities at 36 Swampscott Road. Work will also include erosion controls, grading, bituminous pavement and curbing, lighting, landscaping, retaining wall construction and pavement markings. 3. Continuation Public Hearing—Request for a Determination of Applicability—City of Salem Planning Department, One Salem Green, Salem, MA—Request a determination for work associated with the proposed construction of the Marblehead Branch bicycle trail from Lafayette Street to Loring Avenue and a proposed extension along the Lincoln Road right-of- way. 4. Public Hearing— Notice of Intent—City of Salem Parks and Recreation Department, Salem, MA. The proposed project involves the reconstruction of a portion of and existing riprap slope to provide additional public access to the water and the relocation of and existing gazebo at Winter Island. 5. Public Hearing— Notice of Intent—Highland Realty Co., LLC, 392 Highland Avenue, Salem, MA. The proposed project involves the construction of a 40,000 square foot self-storage facility with associated landscaping, roadway improvements and detention pond located at 394 Highland Avenue. 6. Old/New Business/Other • a. Ridgeside Apartments (formerly Vicents Chips) b. Forest River Update. c. Friends of Salem Woods. Salem Conservation Commission • Minutes of Meeting Thursday, February 8, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, February 8, 2001 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were Chairwoman Debbie Hurlburt, Michael Allen, Abby Burns, Kevin Cornacchio, Karen Fabiszewski, Laura Rome, and Joseph Furnari. Also present were Don Cefalo and Eileen Sacco; Clerk. Chairwoman Debbie Hurlburt recognized Ward Seven Joseph O'Keefe and allowed him to address the Conservation Commission. Councillor O'Keefe addressed the Commission and requested that they consider changing the night which meetings are held since they are on the same nights that the City Council meets. Debbie Hurlburt thanked Councillor O'Keefe and stated that the Commission would take the request under advisement. Annroval of Minutes The minutes of the Conservation Commission meeting held on January 11, 2001 were presented for approval. Motion made by Karen Fabiszewski to approve the minutes of the meeting of January 11, 2001 as presented, seconded by Abby Burns. The motion was • approved unanimously. The minutes of the Conservation Commission meeting held on January 25, 2001 were presented for approval. Motion made by Laura Rome to approve the minutes of the meeting of January 25, 2001 as presented, seconded by Michael Allen. The motion was approved unanimously. Continuation of Public Hearing,—Notice of Intent—NSSS LP c/o The Dolben COmnanv, Inc. —proposed construction of 11,000 s.f. parkin Ig of expansion with 21 additional and associated drainage facilities—36 Swampscott Road Tom Donahue addressed the Commission and reported that they had submitted a revised NOI at the last meeting and the Commission requested more time to review it. He stated they have received the comments and concerns from the Commission and responded with a letter to the Commission. Debbie Hurlburt stated that she reviewed the plans and had some comments which she asked Don Cefalo to forward to the applicant. The Commission reviewed the comments and the responses from the applicant. Debbie Hurlburt opened the hearing up for public comment at this time. Barbara Sullivan, a trustee from Mariners Village addressed the Commission and reported that the neighbors have no objection to the plan as presented this evening. t Debbie Hurlburt noted that there were only four members of the Commission who were • eligible to vote on this project. The Commission discussed special conditions for the project. Laura Rome suggested a No Cut No Disturb Zone on the perimeter of the site with the exception of the 11 trees that will be planted. The developer noted that they plan to remove the fence along Swampscott Road and the site will be maintained as needed. The snow removal area will be located behind the self storage facility. There being no further comments or questions concerning this matter, a motion was made by Karen Fabiszewski to issue an order of conditions, seconded by Joe Fumari and approved (3-1). Debbie Hurlburt noted that she voted against the plan because she fel that it could have been reduced further. Barbara Sullivan thanked the Commission for the time and effort that they spent on the project and the consideration that was given to the neighbors concerns. Continuation of Public Hearing—Request for Determination of Applicability—City of Salem Planning Department—work associated with the proposed construction of the Marblehead Branch bicycle trail from Lafayette Street to Loring Avenue and a propq • extension along Lincoln Road right of way Don Girard addressed the Commission and reported that he looked at different ways of changing the plan to save the tree, as requested by the Commission at the last meeting. He reported that he met with an arborist and found that the tree is suffering and is not a prime specimen. He stated that he would like to stick to the original plan. He also noted that he priced different caliper trees and he may be able to increase the size of the trees to be planted, however that would effect the budget for the project. Abby Burns asked what kind of tree they intend to plant, and when do they want to do the work. Mr. Girard stated that they would be planting oak trees. He also noted that they would be doing the work in late spring or early summer. Debbie Hurlburt asked for public comment at this time. There was no one present who wished to comment on the project. There being no firther questions or comments regarding this project a motion was made by Abby Burns to issue a Negative Determination 3, seconded by Laura Rome and approved unanimously(7-0). • 2 • Public Hearing—Notice of Intent—City of Salem Parks and Recreation Department— reconstruction of aportion of anexisting rip rap slope to provide additional public access tot he water and the relocation of an existing gazebo at Winter Island. Debbie Hurlburt reported that the City has withdrawn the application at this time. Motion made by Michael Allen to allow the City of Salem to withdraw the application without prejudice, seconded by Abby Burns and approved unanimously (7-0). Public Hearing—Notice of Intent—Highland Realty Co.,LLC 392 Highland Avenue, Salem MA —proposed construction of a 40,000 s.f storage facility with associated landscaping roadway improvements and detention pond at 394 Highland Avenue. Bob Griffin addressed the Commission on behalf of Highland Realty Company. He explained the plans for the storage facility. He noted the wetlands delineation on the plan and explained the storm water drainage plan, noting that it meets DEP requirements. He also noted that there are two sets of drainage calculations in the submission. Michael Allen noted that Councillor Leonard O'Leary is unable to be at the meeting, as there is a Council Meeting this evening. He expressed Councillor O'Leary's concerns that the residents on Pybum Avenue have drainage problems now and questioned if this plan would increase that problem. Mr. Griffin stated that the detention pond is intended to address the drainage problems in that area He also noted that the City Engineer has • reviewed the drainage calculations and the maintenance plan Mr. Allen asked where the snow storage area would be on the site. Mr. Griffin stated that the snow storage area is 200 feet from the wetland. Kevin Cornacchio suggested that if there is a problem with the Pybum Avenue area they could enlarge the detention pond. Debbie Hurlburt questioned why the water is directed to the back of the property where it will impact the resource area, rather than to Highland Avenue. Mr. Griffin noted that if they move the detention area out of the buffer zone it will be moved toward Old Village Drive. Daniel Regan of 7 Pyburn Avenue addressed the Commission and stated that he keeps the culvert clean and if more water gets into the wetland he did not think that the small culvert could handle it. Mr. Griffin explained the function of the detention pond. He noted that they will inspect that pipe after storms and if the Commission would condition the approval with a larger pipe if necessary they would accept that. He also noted that the pipe is not located on Mr. Amanti's property. Scott Weisburg of Old Village Drive addressed the Commission and noted that trees are going to be removed and that has not been discussed. He asked how they plan to replace • the trees. He also noted that the requirement of a special permit is news to the neighbors. 3 Mr. Griffin stated that the trees that are located on the footprint of the detention pond will • be removed. He also stated that the City Solicitor ruled that a special permit would be needed if they pave an area of the site, which at this time calls for a gravel surface. Mr. Weisburg questioned who would maintain the detention pond, and noted that the catch basins on Highland Avenue takes the drainage from Old Village Drive. Mr. Griffin stated that they are not interested in connecting to the drain on Highland Avenue, but if they were the likely choice would be the one at the corner.of Highland Avenue and Old Village Drive. Debbie Hurlburt clarified that her comments were questions that she wanted answers to, noting that she feels there is too much drainage to the back of the property. Patricia LiBerti addressed the Commission and recommended that they visit the site. She noted that this would impact Longfellow Lane as well. Councillor O'Keefe addressed the Commission and stated that he would not like to see the snow storage area paved. Mr. Griffin stated that they are not going to pave that area. Debbie Hurlburt informed those present that the Commission would be continuing this matter to the next meeting of the Commission and would hold a site visit. The Commission decided to visit the site on February 17, 2001 at 9:00 and the public is invited to attend. • Abby Burns moved and Michael Allen seconded the motion to continue the public hearing to February 22, 2001. The motion was approved unanimously(7-0). Old/New Business Discussion on No Cut No Disturb Zone at Ridgeside Apartments Atty. Joseph Correnti addressed the Commission and recalled that when the Order of Conditions was issued last summer they had agreed to come back to the Commission for direction on the material that would be used to delineate the NCND zone. Roy Tiano the project engineer addressed the Commission and stated that they plan to use boulders 20 feet on center. He also noted that they would like to do this after the construction. Debbie Hurlburt stated that she felt that the 20 feet was pretty wide and she would like to see the boulders closer. She also suggested that fencing might be more aesthetically pleasing to the project. • 4 Forest River Update • Dr. Vorgeas was present at the meeting along with Lee Brossoit of Salem State College. Dr. Vorgeas updated the Commission on his plans for the Forest River Conservation Area Debbie Hurlburt noted that the Commission does not support the use of the concrete bleachers in the conservation area. Dr. Vorgeas stated that he has looked into using other materials. Lee Brossoit from Salem State College addressed the Commission and reported that the College was under the impression that the Conservation Commission has approved some of the initiatives out there. He recalled meetings that were held on the site with members of the Commission and Steve Dibble. He also noted that in the fall of 2000 Dr. Vorgeas had given him a list of things that were planned and again they assumed that the Commission had approved them He explained that they felt that since the Commission had approved the work they would allow them to proceed. He further stated that the College is not going to assist with the project any further until the Conservation Commission authorizes it. Councillor O'Keefe addressed the Commission and noted that Dr. Vorgeas is a neighbor of his and they have worked together over the years, but he stated that he could not support any endeavors that are not supported by the Conservation Commission. • Don Cefalo suggested that the Commission could ask Don Girard,the landscape architect in the Planning Department to design the Conservation Education area. Debbie Hurlburt agreed that it would be a good idea to have him look at it. Abby Burns stated that she would like to see Dr. Vorgeas focus on Eagle Hill and get that finished. Friends of Salem Woods Debbie Hurlburt reported that she wrote a grant and explained the improvements that it would cover. She noted that if the grant is approved we need to raise some money to match the funds. Debbie Hurlburt reported that Salem has only one certified vernal pool and there are 12 potential sites in Salem. She reported that two teachers from the Phoenix School will be researching this. • 5 • There being no further business to come before the Conservation Commission at this meeting, a motion was made by Abby Burns to adjourn the meeting, seconded by Joe Fumari and approved unanimously. The meeting was adjourned at 9:30 p.m Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CCO20801 • • 6 `"- CITY OF SALEM. MA i Conserv gon Commission CLERK'S OFFICE 71 ` Salem. Massachusetts 01970 ,. : 2001 FEB 16 P I: 41 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, February 22, 2001 at 7:00 p.m. in the second floor conference room, One Salem Green. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Continuation Public Hearing— Notice of Intent—Highland Realty Co., LLC, 392 Highland Avenue, Salem, MA. The proposed project involves the construction of a 40,000 square foot self-storage facility with associated landscaping, roadway improvements and detention pond • located at 394 Highland Avenue. 3. Request to Extend Order of Conditions - DEP File #64-272, Salem—Archstone Communities the purchaser of Phase IV of the Village at Vinnin Square, request for a tlnee- year extension. 4. Public Hearing — Notice of Intent — Stephen Manning, 17 Fairview Road, Salem, MA. The proposed project involves the repair to an existing masonry seawall with an 8-inch thick concrete facing and the installation of a 30-foot long gangway with an 8 foot by 20 foot floating timber dock. 5. Old/Necv Business/Other a. Forest River Update. This nOtIC8 CitY Hall Ave., St I G on Of�fiClal BLI)IO(In Board -�a srrO K; 2aA i 230 Of M. ,r �P �. fhmday,1Nerch 68,2601 4:46 DM to:Don& to From:61een 8aceo,97&745-iYn Page:1 of 4 • Salem Conservation Commission Minutes.Qf Ni"eeiing Thursday, February 22, 2001 A regular meeting of the Salem.Conservation Cominisson was held on Thursday, February 22, 2001 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were Chairwoman Debbie Hurlburt, Michael Allen, Abby Burns, Kevin Cotnacshio, Karen >ahis�e�vski 1 auraome> and Joseph F1amaR: 91x9 present here Don Cefalo and Eileen Sacco, Clerk, Continuation ofPublic Hearin--Notice oflntent—Highland Realty Company LLC 392 Highland Avenue, Salem Ma — Proposed Construction of a 40.000 s f Self Storage Facility with associated landscapinw roadway improvements and detention pond at 3954 Highland Avenue Debbie Hurlburt noted that there were several City Councillors present that wished to address the Commission and they have a City Council Meeting at 7:00 as well. She noted that some of the neighbors were under the impression that the public hearing would be continued to March 8, 2001 and suggested that it would be fair of the applicant to continue the matter to March 8, 2001. • City Councillor Leonard O'Leary addressed the Commission and requested that the public hearing be continued to March 8, 2001 as many residents of Pybum Avenue are rinable,to attend the meeting this evening. City Councillor Laura DeToma addressed the Commission and reported that she attended the site visit and several of the neighbors were under the impression that the applicant said that they would need more time to make the changes recommended by the Commission and would possibly be requesting a continuation of the Public Hearing. She noted that since the neighbors are under the impression that the meeting is on March 8, 2001, that the hearing should be continued to that date. Karen Fabiszewski noted that she explained to a group of neighbors that they should check with the Planning Department as to the date of the hearing noting that the applicant had not formally made a request to continue the public hearing, which was continued to this evening at the last meeting, and technically the public hearing can go on. Debbie Hurlburt noted that any type of misunderstanding should be addressed and noted that the Commission could ask the applicant to continue the matter to March k, 2001 so that the neighbors can be present, City Councillor Joan Lovely addressed the Commission and stated that she received several calls from residents who were under the impression that the meeting had been changed. She requested that the applicant agree to continue the matter so that the neighbors could have some input, • t rhursday,March 08,2001 4:46 PM To:Don Cefero From:Edam Sacco.978-7451976 Page:2 of 4 • City Councillor Tom Furey addressed the Commission and stated that the neighborhood is a premier spot and noted that the additional time would allow for more research and would be a positive thing for the neighborhood. Debbie Huriburt addressed Mr.,Amanti and asked if he would be willing to continue the matter to March 8, 2001. Mr. Amanti noted for the record that there were no residents of Pybunt Avenue present at the site visit on Saturday and questioned their concent since they did not attend. He agreed that he could continue the public hearing. Motion made by Michael Allen tocontinue the public hearing to March 8, 2001, seconded by Abby Bums and approved unanimously. Request to Extend Order of Conditions— DEP File # 64-272. Salem Archctone Communities Purchase of Phase IV of the Village at Vinnin Square Debbie Hurlburt noted that the applicant is requesting a three year extension to the Order of Conditions. She also noted that Don Cefalo asked her to review the file on this matter. She explained that the Order of Conditions that was issued by the Salem Conservation Commission was appealed to DEP and a Superseding Order of Conditions was issued by DEP. She noted that the matter must he addressed by DEP and the applicant has until December 31, 2001 to get an extension from DEP. • Several neighbors of the project were present at the meeting and Ms. Hurlburt allowed them to speak. Arnold Ginner and Barbara Swartz, Trustees of the Village at Vinnin add..ss;:d:thhe Commission and expressed concerns about the pond area in the village. They stated that a cleanup of the area was promised and nothing has been done for 6 years or so. They noted that the new owners have not responded to their calls or letters regarding the matter, and requested the Commission make sure that the new owners do something to clean it up. Mrs. Swartz gave an accounting of the money that the association has spent on extermination since July 1999. Debbie Hurlburt it the group that their concerns have been heard and the Order of Conditions that was issued ca!!s•for some vvork'to be done in that area. She suggested that they write a letter to DEP and let them know what is happening there. She also suggested that they copy the letter to the Conservation Commission and Mayor Usovicz, and if nothing happens in a few months they should notify the Conmtission. • 2 rhu day.March 08.2001 4:46 PM To:Don Cefalo From:Sken Sacco,978-7451976 Page:3 of 4 • Public Hearing—Notice of Intent— Stephen Manning_ 17 Fairview Road Salem. MA Proposed repair of an eustmg masonry seawall with an 8 inch thick concrete facing and the installation of 30 foot long gangway with an 8''X 20, floating timber dock Stephen planning addressed the Commission and described his property and the location pf the existing seawall. He stated that he plans to stabilize and restore it and enhance it with a dock, He also noted that there is a similar structure in the neighborhood. Debbie Hurlburt asked if they Have applied for a Chapter 91 License. Mi. Manning stated that he is getting that paperwork ready. Debbie Hurlburt stated that the thought that the Rivers Protection Act would apply to this project. Mr. Manning noted that his property is outside of IN river and located it on the pian. Debbie Hurlburt questioned how the float would comply with Chapter 91 for public access. Mr. Manning explained that people would be able to walk along the mud flat and could walk under the gang way. Kevin Cornacchio suggested that the Commission visit the site. Mr. Manning agreed that a site visit would he fine and agreed to continue rhe matter to March 8, 2001. • Motion made by Laura Rome to continue the Public Hearing to March 8, 2001, seconded by Abby Burns and approved unanimously. Old/New Business Forest River Update Don Cefalo reported that Don Giard is working on a plan for the outdoor education center at the Forest River Conservation Area. He also noted that he talked to Captain Latullippe and the fire pits are legal, but would be the responsibility of the property owner and he did not think that Salem State College would want the liability. He also confirmed that there is no need for a fire road in that area. Steps Beach Discussion Don Cefalo reported that the work has been completed at Steps Beach. Debbie Hurlburt noted that the Commission wanted a Notice of Intent rather than and RDA and had requested plans. It was noted that the City Council was pushing to have the matter take care of in a timely manner. Karen Fabiszewski noted that no one was opposed to the work, however the DPW should file like everyone else does. • 3 rhursday,March 08,2001 4:46 PM To:Don Cefab From:Eileen Sacco,976-7451976 Paye:4 of 4 • Discussion Regarding Iyleeti g Dates Debbie Hurlburt noted that the Commission should address the request of Councillor O'Keefe to change the day of the meetings of the Commission so that they do not conflict with Council Meetings. Abby Burns suggested that the Commission should keep the same dates and evaluate it again when the city moves into the new office space. ADDloyal of Minutes The minutes of the Conservation Commission meeting held on February 8, 2001 were presented for approval. Laura Rome moved to approve the minutes of the Conservation Commission meeting held on February 8, 2001, seconded by Abby Burns and approved unanimously. There being no further business to come before the Conservation Commission at this meeting, a motion was made by Joe Fumari to adjourn the meeting, seconded by Laura Rome and approved unanimously. The meeting was adjourned at 8:30 p.m. Respectfidly submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission Cc022201 • 4 �,P�, ,. r <, o c`FR� Conservation Commission so�F� �: Salem, Massachusetts 01970 jo FF/cj q �1 Notice of Meeting S You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, March 8, 2001 at 7:00 p.m. in the second floor conference room, One Salem Green. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Continuation Public Hearing—Notice of Intent— Stephen Manning, 17 Fairview Road, Salem, MA. The proposed project involves the repair to an existing masonry seawall with an 8- inch thick concrete facing and the installation of a 30-foot long gangway with an 8 foot by 20 • foot floating timber dock. 3. Continuation Public Hearing—Notice of Intent—Highland Realty Co., LLC, 392 Highland Avenue, Salem,MA. The proposed project involves the construction of a 40,000 square foot self-storage facility with associated landscaping, roadway improvements and detention pond located at 394 Highland Avenue. 4. Public Hearing—Request for a Determination of Applicability—Steven V. Faber, 20 Charles Drive, Canton, MA. The purpose of the hearing is for a determination of work related to the installation of a 4 inch diameter soil boring using a hollow-stem auger mounted on a truck mounted drill-rig and develop it into a 2 inch PVC pipe temporary groundwater monitor well constructed with approximately 5-10 feet of screen and 5-10 feet of solid riser at 73 Lafayette Street. 5. Old/New Business/Other a. Forest River Update. • �1►M nolle P"t®d Oft "0fflclaf Bur Clty Hall Ave., Saam l at APa,s. on UA A 5 t�� of j4 0 .zAC'x ` ir' n "1Y.March 22,2001 3:51 PM To:Don Cefelo From:Elven Sacco,97&745.1976 Page: 1 of 4 DECEIVED • ,M Salem Conservation Commission 100I I'M 22 P4: 07 Minutes of Meeting SALEM Thursday, March 8, 2001 PLANNING DEPT, A regular meeting of the Salem Conservation Conunission was held on Thursday, March 8, 2001 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were Chairwoman Debbie Hurlburt, Michael Allen, Abby Burns; Kevin Cornacchio, Karen Fabiszewski, and Joseph Furnari. Also present were Don Cefalo and Eileen Sacco, Clerk. Laura Rome was absent. Approval of Minutes The minutes of the meeting of February 22, 2001 were presented for approval. Motion made by Abby Burns to approve the minutes of the February 22, 2001 meeting as amended, seconded by Michael Allen and approved unanimously. Continuation of Public Hearing—Notice of Intent— 17 Fairview Road—Stephen Manning —proposed repairs to an existing masonry seawall with an 8 inch thick concrete facing and the installation of a 30 foot long gangway and 8' x 20' floating timber dock Debbie Hurlburt noted that a site visit was held and asked if members of the Commission • had any questions. Kevin Cornacchio asked what the status of the Chapter 91 license was. Mr. Manning stated that is needs the signature of the Commission and it can be submitted to DEP. Karen Fabiszewski asked if they would be doing work on both ends of the wall. Mr. Manning explained that they would be working on both ends of the wall using granite block. Kevin Cornacchio asked who would be doing the work. Mr. Manning stated that Phil Pelletier of Northshore Marine would be doing the work. Mr. Comacchio noted that they are a reputable firm that has done other projects that have been approved by the Commission- Mr. Manning noted that the work would be done on the water side from a barge and should take one to two weeks. Debbie Hurlburt asked if there was anyone present at the meeting who wished to comment on the project. There was no response. Motion made by Kevin Cornacchio to close the public hearing and issue an Order of Conditions for 17 Fairview Avenue, seconded by Michael Allen and approved unanimously(6-0). The Commission discussed special conditions for the project. • rhursday,March 22,2001 3:51 PM To:Don Cefalo From:Seen Sacco.97&745.1976 Page:2 of 4 i • Debbie Hurlburt stated that she telt that the standard conditions would be appropriate for this project. Kevin Cornacchio suggested that he would like the contractor to be required to keep a spill kit on the barge in case of leaks. Public Hearing— Request for Determination of Applicability— 73 Lafayette Street Erin Pinkham addressed the Commission and explained that they are requesting an RDA for the installation of a four inch diameter soil boring using a hollow stern auger mounted on a truck mounted drill rig and develop it into a 2 inch PVC pipe ground water monitoring well. The well will be constructed with approximately 5 —10 feet screen and 5— 10 feet of solid riser. She also explained that the well and the boring are positioned to access soil and ground water quality. She noted that the well will be positioned about 15 feet from the south east rear comer of the building and about 3 feet from the wall and will have a negligible impact on the property and is exempt from the wetlands protection act 310 CMR 10.58 (6)b7. Debbie Hurlburt asked if the members of the Commission had any questions or comments. • Kevin Cornacchio stated that he felt that work was pretty straight forward but recommended that a spill kit be required on the rig in case of spills. Debbie Hurlburt requested that the applicant notify the Commission 48 hours in advance of the start of the work. Debbie Hurlburt asked if there was anyone present who wished to comment on the project. There was no response. Kevin Cornacchio moved to close the public hearing and issue a Negative Determination 5 as the work is temporary in nature and exempt from 310 CMR 10.68(6) b7, seconded by.Abby Burns and approved unanimously(6-0). Continuation of Public Hearing—Notice of Intent—Highland Realty Trust 394 Highland Avenue—Proposed construction of a 40.000 s.f self storage facility with associated landscapim roadway improvements and detention pond. Bob Griffin addressed the Commission and noted that they have revised the plans from the original submission. He explained the original plans and the changes that they have made to them. He noted that the detention pond is 1,300 s.f small than originally planned and it was pulled away from the wetlands which resulted in the saving of 12 trees and gives a limited amount of disturbance to the area. He also noted that a 10 inch diameter pipe will be installed underground to pipe water slowly from the detention pond to the wetland. • rhicsday,March 22,2001 3:51 PM To:Don Cefelo From:81een Sacco,97&7451976 Page:3 o14 • Kevin Cornacchio asked of the drainage calculations take into consideration the possibility that the applicant may %want to pave part of the area in the future, as has been referred to in past presentations. Mr. Griffin stated that they have taken that into consideration. Michael Allen questioned how the smaller detention pond would affect the drainage. Mr. Griffin explained that the original building was larger and was changed during Planning Board review. He explained that they did not change the size of the drainage area for the smaller building until now and they meet the storm water management regulations with this plan. Debbie Hurlburt open the hearing up for public comment at this time. Patricia LiBerti of 3 Lions Lane addressed the Commission and expressed her concern that the houses that abut the property will have more problems with this plan. Mr. Griffin stated that the plan would have no effect on the area, and should improve the problems in that area. He explained the detention pond process. Judy Regan on 7 Pyburn Lane addressed the Conunission and expressed her concern about the flooding in that area. Mr. Griffin explained that Mr. Amanti is willing to maintain the pipe and clean it out to insure that the detention pond flows freely. Patricia LiBerti addressed the Commission again and questioned why the detention pond was located at the back of the property and not on the Highland Avenue end of the property. Mr. Griffin explained that Highland Avenue does not have a lot of extra capacity and he also noted that the Planning Board might have a concern with putting a detention pond in an entrance corridor. Abby Burns expressed her concern about the installation of the pipe corridor to the wetland from the detention pond. She suggested that she would like to see it smaller than 10 feet wide, and that they should install it by hand to insure minimal disruption to the area. Patricia LiBerti addressed the Commission again and stated that she was concerned about the additional water being added to the present level of the wefland. Debbie Hurlburt explained the detention pond process to Ms. LiBerti. She explained that the retention pond is designed to hold the water back and release it slowly to the bigger pond. Debbie Hurlburt asked if the members of the Commission had an), further questions. Debbie Hurlburt stated that she was glad to see that the retention pond has been redesigned and that they have saved some of the trees. She also noted that the planting of the pine trees will also allow for a great rate of absorption. She also suggested that the City Engineer should take a look at the inlet at the end of the pond to see if it is feasible and the City should investigate that further. • nn rsday,March 22,2001 3:51 PM To:Don Cefalo From:Deen Sacco,978-7457976 Page:4 014 • Kevin Comacchio moved to close the Public Hearing, and issue an Order of Conditions for 394 Highland Avenue, seconded by Michael Allen and approved (6-0). Abby Bums suggested that she would like them to keep the detention pond pipe corridor to a minimum and have as little disturbance as possible. Kevin Cornacchio suggested that all access to the detention pond should be from the North East side. Debbie Hurlburt stated that she would like them to submit all documents on yearly maintenance reports to the Commission for the tiles. Old 1 New Business Debbie Hurlburt updated the Commission on the Steps Beach project. Don Cefalo reported that there have been complaints of dumping behind Tri-City Sales. Debbie Hurlburt requested Joe Fumari to investigate the matter and report to the Commission at the next meeting. Don Cefalo reported that Don Girard has three schematics that he is working on for the . Forest River Education Center. There being no further business to come before the Commission at this meeting, a motion was made by Karen Fabiszewski seconded by Joe Furnari and approved unanimously. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC030801 • Cons-etion Conuui .cion Salem. N4assachuset.ts 01970 Notice of Meeting 99/ iC You are hereby notified that the Salem Conservation Commission will hold its regular meeting on9,� Thursday, March 22, 2001 at 7:00 p.m. in the second floor conference room, One Salem Green. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Public Hearing— Request for a Determination of Applicability—North Shore Medical Center, 81 Highland Avenue, Salem, MA. The purpose of the hearing is for a determination • related to emergency oil cleanup work within a vegetated detention basin at 81 Highland Avenue. 3. Public Hearing—Request for a Determination of Applicability—First Massachusetts Land Company, LLC, Salem Harbor Station, 24 Fort Avenue, Salem, MA. The purpose of the hearing is for a determination of work related to the excavation of eight temporary test pits as a means of determining if there has been a release of oil or hazardous material at 10 Blaney Street. 4. Old/New Business/Other a. Forest River Update. b. Tri City Sales. Ttk notice postod on '0f icitzi 9ullr&Un Woo&ird" City Hall Ayes., Salem, a9--s. on at Is 30A A 232 of W.G.L. /� ruesday.April 10.2001 10:29 PM To:Don Cefelo From:Eeen Se=o.978-745.1976 Page:1 011 • Salem Conservation Commission Nfinutes of Meeting Thursday, March 22, 2001 A regular meeting of tine Salem Conservation Commission was held on Thursday, March 22, 2001 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were Michael Allen, Abby Burns, Kevin Comacchio, Karen Fabiszewski, Joseph Fumari, and Laura Rome. Also present were Don Cefalo and Eileen Sacco, Clerk Debbie Hurlburt was absent. In the absence of Chairwoman Debbie Hurlburt, Kevin Comacchio served as Chairman. Approval of Minutes The minutes of the meeting of March 8, 2001 were presented for approval. Karen Fabiszewski suggested that the approval of the minutes be tabled since Debbie Hurlburt is not here this evening and she would probably want to review them. Councillor Joseph O'Keefe addressed the Commission and noted that he needed to get back to the City Council meeting but wanted to briefly let the Commission know that he has been in touch with Dr. Vorgeas and has told him that he can only support initiatives • that are approved by the Commission. Public Heating—Request for Determination of Applicability—North Shore Medical Center—81 Highland Avenue, Salem MA —Emergency oil cleanup work within a vegetated detention basin at 81 Hi land Avenue Paul McManus addressed the Commission and explained that the work in question resulted when 60 gallons of#6 oil which is very viscous was found to have leaked fiam a break in the line. He explained the oil needs to be heated to move and traces of it got through the line and evidence of that was found in the parking area. He noted that the Commission was notified that DEP(Chris Bresnehan) authorized the cleanup under the Emergency Response Act and the clean up was done. He explained the process that was used to clean up the spill and the surface cleaning of the paved areas. Abby Bums questioned what the applicant was looking for from the Commission if the work has already been done. Mr. McManus stated that they are looking for a positive or a negative determination. Karen Fabiszewski asked if there was any further work that needed to be done. Mr. McManus stated that all of the work has been completed since it was an emergency. Kevin Cornacchio asked if they felt there was still any residue in the pipe. Mr. McManus stated that they feel confident that they got all of it but they will continue to monitor the pipe. • Tuesday,April 10,2001 10.29 PM To:Don Cefalo From:SL-en Sacco,978-745.1976 Page:2 of 3 • Kevin Comacchio opened the hearing up for public comment at this time. There was no response. There being no further comments or questions regarding this matter a motion was made by Abby Burns to issue a Negative Determination 3, seconded by Michael Allen and approved unanimously. Karen Fabiszewski requested that copies of all reports from testing be sent to the Commission for the file. Public Hearine—Request for Determination of Applicability—First Massachusetts Land Company, LLC, Salem Harbor Station, 24 Fort Avenue Salem MA. — 10 Blaney Street Kevin Cornacchio recused himself from discussion of this matter and Laura Rome assumed the chair. Kathv Johnson addressed the Commission and explained that they are seeking approval for work that involves the excavation and installation of 8 temporary test pits as a means of determining if there has been a release of oil or hazardous waste material at 10 Blaney Street. She stated that they intend to collect the soil samples and refill the test pits. She located the proposed locations for the test pits on the plan. The explained that this work- is orkis being done in conjunction with a due diligence assessment of the property for a potential buyer. Karen Fabiszewski asked how long they would leave the test pits open. Ms. Johnson stated that they will back:fill them immediately when the testing is finished. Joseph Fumari asked how long the work would take. Ms. Johnson stated that it would take one or two days to complete. Laura Rome opened the hearing up for public comment at this time. A woman addressed the Commission and stated that she heard the PG&E was looking to purchase the property and asked what they intend to use it for. Laura Rome explained to her that he question is not relevant to this discussion and that would be more of a question for the Planning Board. There being no fitRher comments or questions regarding this matter a motion was made by Karen Fabiszewski to issue a Negative Detemunation 3 for 10 Blaney Street seconded by Joseph Fumari and approved unanimously. Karen Fabiszewski asked that they notify the Commission 48 hours prior to the start of the work and that spill kits be present on the site in the event of any spills or leaks. • Tuesday,April 10,2001 10:29 PM To:Don Cefelo From:Eileen Sacco,978-7457976 Page:3 013 • Old /New Business The Commission discussed the Forest River Conservation Area. It was noted that Eagle Hill and the installation of the bumper blocks is the only work that the Commission has authorized. Kevin Cornacchio will attend the orientation meeting that Dr. V-orgeas has scheduled. Joseph Fumari reported that he has been to the Tri-City Sales site several times and has found no violations. He reported that there is a coral out back which they store appliances that are to be disposed of and occasionally one is left outside of the coral but they never remain for any length of time. Karen Fabiszewski suggested that the Commission invite Mr. Cohen in to talk to the Commission. There being no further business to come before the Commission at this meeting, a motion was made by Michael Allen seconded by Abby Burns and approved unanimously. The meeting was adjourned at 8:00 p.m. Respectfully submitted by: • Eileen M. Sacco, Clerk Salem Conservation Commission CC032201 • .A* 0CITY OF SALEM. MA Conservation Commission CLERK'S OFFICE Salem, Massachusetts 01970 •RI� �,'��'�� 2001 APA -9 A Notice of Meeting $ 33 You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, April 12, 2001 at 7:00 p.m. in the second floor conference room, One Salem Green. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Status Update- Burnham Associates —DEP File#64-271, City Solicitor John Keenan will present to the Commission and update of the on going legal issues. 3. Amendment to Order of Conditions - DEP File#64-152, Salem—Farad Real Estate and • Development Corp., Salem Business Park. Salem Glass Company proposes to construct a building having a footprint of 43,775 square feet with a total floor area of 50,300 square feet. Approximately 44,000 square feet will be devoted for manufacturing uses and the balance for office and administration. The proposed project also includes associated landscaping and drainage. 4. Public Hearing- Notice of Intent—Amy Newton Meimeteas, 123 %Boston Street, Salem, MA. The purpose of the hearing is to discuss the construction of three single-family dwellings with related earthwork and roadway on Cloverdale Street. 5. Public Hearing - Notice of Intent— City of Salem, One Salem Green, Salem, MA. The purpose of the hearing is to discuss work associated with the removal of approximately 10 feet and a broken flap valve from an existing stormwater outfall located at Steps Beach off Columbus Avenue. 6. Public Hearing- Abbreviated Notice of Resource Area Delineation - Bartlett and Steadman, Co., R67 Village Street, Marblehead, MA. The purpose of the hearing is for a determination of a delineated wetland boundary line, approximately 6,020 linear feet along Dell Street, Circle . Hill Road and Parlee Street. • 7. Old/New Business/Other a. Tri City Sales — Discussion regarding i%Wnollae posted an 'official Bulletin board" City Hall Ave., Sulern, k4ass. ori ?.' ^'AHrn at &iz. 4. J 1 ip 3c ai Wtt CitiAP. 30 9Wr a 13B of "rv.G.L. Nednesday.August 15.2001 12:22 PM To:Don Cefalo From:Eileen Sacco,978.745-1976 Page:1 016 � 'ECEI�✓ED • 2rF; ;"Z) I S Pig 12. 32 Salem Conservation Commission , Minutes of Meeting SALEM Thursday, April 12, 2001 PLANNING DEPT. A regular meeting of the Salem Conservation Conurussion was held on Thursday, April 12, 2001 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were Debbie Hurlburt, Michael Allen, Abby Burns, Kevin Comacchio, Joseph Fumari, and Laura Rome. Also present were Don Cefalo and Eileen Sacco, Clerk. Karen Fabiszewski was absent. Approval of Minutes The minutes of the meeting of March 8, 2001 were presented for approval. Kevin Comacchio moved to approve the minutes of the March 8 , 2001 meeting, seconded by Joe Fumari and approved The minutes of the meeting of March 22, 2001 were presented for approval. Abby Burns moved to approve the minutes of the March 22 , 2001 meeting, seconded by Laura Rome and approved. . Debbie Hurlburt recused herself fi-om this approval. Status Update—Burnham Associates • Debbie Hurlburt recused herself from discussion of this matter and Kevin Comacchio assumed the chair. City Solicitor John Keenan and Attorney Kevin Daly updated the Commission on the status of the case with Burnham Associates. Atty. Kaupplia, representing Mr. Burnham explained that there is an opportunity for Mr. Burnham to sell the property at 70A North Street and 14 Franklin Street. He suggested that the city should drop their appeal of the Superseding Order of Conditions in the case and move on, noting that the city and Mr. Burnham are spending a lot of money on this. Atty. Keenan reviewed the circumstances with the Commission and cautioned that if the Commission wanted to discuss the case in any more detail they should go into executive session. The Conmtission discussed items they would like to see removed from the site to clean it up. It was noted that there is trash along the path and a truck is there as well as some fuel storage on the site. They noted that they would like to see what is there cleaned up. Atty. Kaupplia addressed the Commission and stated that he visited the site this evening and agreed that some of the items could be cleaned up. • 1 Nednesday,August 15,2001 12:22 PM To:Don Cefalo From:Eileen Sacco,978-745-1976 Pape:2 of 6 • Abby Bums moved that the Commission go into Executive Session, seconded by Laura Rome and a roll call vote was taken: Mr. Fumari yes Mrs. Burns yes Ms. Rome yes Mr. Allen yes Mr. Comacchio yes The motion was approved (5-0) and the Commission adjourned to the lunch room. The Commission resumed the meeting at 8:00 p.m. Amendment to Order of Conditions—DEP File 464152—Fafard Real Estate and Development Corp. —Salem Business Park/Salem Glass Compam Jun McDowell of Eastern Land Survey addressed the Commission and explained the changes that they would like to make to the plan that was approved by the Commission and they would like to amend the Order of Conditions. He explained the location of the property and the changes that they propose. He noted that the City Council has approved a TIF package for the property and the Board of Health has reviewed the plans. Mr. McDowell explained the location of the building and noted that the building proposed is a reduction in size from the approved plan. • Debbie Hurlburt asked if they would be installing oil and gas separators. Mr. McDowell stated that they would be installing them and use them on a regular basis. He noted that they expect to get 30%suspended solids_ Debbie Hurlburt suggested that they could have installed an infiltration trench. Mr. McDowell stated that he did not propose that because they didn't know what the soil conditions were. Debbie Hurlburt asked if they had a maintenance plan for the catch basins. Mr. McDowell stated that they would clean them twice amorally on an as needed basis, with no longer than two years between cleanings. Mr. Comacchio asked how long the construction is expected to last. Mr. McDowell stated that they expect it to take 9-10 months and that is why they are requesting an extension of the Order of Conditions for one year. Debbie Hurlburt suggested that she would like to see all of the snow storage areas in the back of the property. Debbie Hurlburt opened the hearing for public comment at this time. Dennis Colbert addressed the Commission and asked if there was a restriction on the use of chemicals for deicing. Mr. McDowell stated that no salt shall be used on the site. 2 0 Nednesoay,August 15,2001 12:22 PM To:Don Cefalo Fran:Eileen Sacco,976-7451976 Page:3 016 net being no turther questions or comments regarding this project, a motion was made by Abby Burns to amend Order of Conditions #64152 with conditions, seconded by Laura Rome and approved unanimously. Laura Rome moved and Abby Burns seconded a motion to extend Order of Conditions #64152 for one year to November 2002. The motion was approved unanimously. Public Hearing—Notice of Intent—Amv Newton Meimeteas— proposed construction of three single family houses on Cloverdale Road Debbie Hurlburt addressed the Commission and noted that she is a client of the Amy Marie hair salon which the applicant owns, but she has no affiliation with her so she will be participating in this matter. Chuck Faia of Parsons and Faia addressed the Commission and explained the plans and the wetlands delineation. He also explained the utilities and the drainage calculations. Mr. Faia noted that they are going to the Planning Board next week to start that process. Abby Burns suggested that she would like to have a site visit. Mr. Faia stated that they will he extending the water from Cloverdale Road and install a fire hydrant. He noted that most of the homes in that area have wells and the city doesn't • allow them anymore. The Commission scheduled a site visit for Saturday, April 21, 2001 at 8:30 a.m. Debbie Hurlburt opened the hearing up for public comment at this time. Janis Pramis of 16 Glen Avenue addressed the Commission and expressed her concerns about blasting and tilling in the area and effect that it may have on her well. Mr. Faia explained that pre-blast surveys would be done before any blasting is done and there are strict regulations that have to be followed regarding blasting. Angelo Pramis of 16 Glen Avenue addressed the Commission and expressed his concern that the location is 90%ledge and is close to the buffer zone. He also noted that there is a lot of bird life in the area. Michael Panneton addressed the Commission and noted that the applicants are fooling themselves if they don't think there is going to be a lot of blasting up there. Mr. Faia explained the process that they would be using. There being no further questions or comments at this time, Michael Allen moved to continue the Public Hearing to April 26, 2001, seconded by Joe Furnari and approved unanimously. • 3 Nednesday,August 15,2001 12:22 PM To:Don Cefalo From:Eileen Samo,978-7451976 Page:4 of 6 • Public Heating—Notice of Intent—City of Salem. One Salem Green, Salem. MA Proposed work associated with the removal of approximately 10 feet of pipe and a broken flap valve from an existing storm water out fall located at Steps Beach Don Cefalo presented the plans on behalf of the City of Salem. He noted that this action is at the request of the City Council to relieve the flooding on Columbus Avenue during heavy rains and high tides. Kevin Cornacchio stated that he is concerned about erosion and if scouring occurs it will be a problem. Debbie Hurlburt noted that she is concerned that they are not fixing the flap. Mr. Cefalo noted that it is a spring-loaded system and debris gets in there. Debbie Hurlburt noted that she is concerned that the beach will end up like Dead Horse Beach and she is concerned that there is no dissipater. She suggested that they put a granite slab there, noting that she is not sure if it going to work but she does not think enough study has gone into this. Debbie Hurlburt opened the hearing up to public comment at this time. Robert Armstrong of Columbus Avenue addressed the Commission and presented • pictures of the area. He was also very insistent that he would like to see the flap installed on the pipe. Don Cefalo explained the elevation of the street and the catch basin. Debbie Hurlburt stated that she would like to see the City do something a little innovative and install a flap. She also suggested that it should be monitored during a couple of 100 year storms, and the Commission be given a functional description to see if it works. She also suggested that Mr. Bornstein should look into a couple of other alternatives. Ken Steadman addressed the Commission and noted that he knows of stainless valves that could be used and lie would be happy to forward some information to the Commission. City Councillor Joseph O'Keefe addressed the Commission and cautioned that he would not like to see Mr. Steadman at odds with the City Engineer over this. Councillor DeToma stated that if it is necessary to seek funding for the project she would bring it in to the City Council. T11ere being no further questions or comments regarding this matter at this time, a motion was made b_v Michael Allen to issue an Order of Conditions with conditions, seconded by Abby Burns and approved unanimously. The motion was approved (6-0). • 4 Wednesday,August 15,2001 12:22 PM To:Don Cefalo From:Eileen Sacco,978-745.1976 Page:5 of 6 • Public Hearing—Abbreviated Notice of Resource Area Delineation— Bartlett and Steadman—determination of delineated wetland boundary line approximately 6,020 linear feet along Dell Street Circle Hill Road and Parlee Sheet Debbie Hurlburt noted that the Commission should have a site visit to this site to see what is out there. Mr. Steadman agreed and stated that they could visit anytime at their convenience. The Commission scheduled a site visit of Saturday, April 21, 2001 at 9:00 a.m. Motion made by Michael Allen to continue the Public Hearing to April 26, 2001, seconded by Abby Burns and approved unanimously. Old /New Business Discussion with Tri City Sales regarding complaints Debbie Hurlburt noted that AIr. Cohen has been invited to attend tonight's meeting to address complaints regarding the storage of appliances in the rear of his store. • Joe Fumari reported that he has visited the site several times and found no violations. He explained that he did not observe any appliances on the site. Mr. Cohen addressed the Commission and introduced his Son-In-Law Tom Kulivich who is the public relations person for his company. Mr. Kulivich explained that they have a fenced in area that they keep dishwashers and stoves in that are picked up on a regular basis installers and they return used appliances for disposal. Debbie Hurlburt stated that she would like to see the appliances stored as far away from the resource area as possible. Mr. Cohen addressed the Commission and stated that usually all of the appliances are in the coral, however on a good sales day there could be an overflow, but they do not remain there for any length of time. He also noted that he is trying to do whatever it takes to keep peace with the neighborhood Mr. Cohen assured the Commission that he will manage the situation and comply with the requests of the Commission. Discussion Forest River Conservation Area The Commission held a discussion regarding the situation at the Forest River Conservation Area. Joe Fumari suggested that the Commission send a letter to Dr. Vorgeas outlining the extent of the work that can proceed with the approval of the Commission. • 5 Nednesday,August 15,2001 12:22 PM To:Don Cefalo From:Been Sacco,978-745.1976 Page:6 of 6 Laura Rome will check with Salem State College on the status of the portion of the proposal that is under their jurisdiction. Councillor Joe O'Keefe addressed the Commission and reported that he had a conversation with Dr. Vorgeas and the concrete steps can be returned. Discussion on the Forest River Tidal Gates Councillor O'Keefe addressed the Commission and asked for guidelines for the closing of the tidal gates at Forest River. He noted that he suggested a few months ago that he would like to request that the city fund a study to determine the effects of closing the gates. Debbie Hurlburt stated that the feels that it is unfortunate to close the tidal gates for a limited amount of people to have a private beach at the expense of the estuary. She further noted that she feels that it is outrageous to have the city fund a study that only benefits a few people and causes further degradation of the Forest River estuary. She added that if the Mayor wants to fund this study with pubic money, she will make sure that the public is informed of this. • Abhv Burns aereed notine that the Commission should vote on the closine of the Bates Motion made by Laura Rome to recommend to the Mayor that the tidal gates at Forest River should not be closed at all in 2001, seconded by Abby Burns and approved (5-1) with Michael Allen opposed_ There being no further business to come before the Commission at this meeting, a motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Colnacchio and approved unanimously. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk • 6 ,.110N ro 5 ' �o Conservation Commission Salem, Massachusetts 01970 •C��AfASSAGNJS� . Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, April 26, 2001 at 7:00 p.m. in the second floor conference room, One Salem Green. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Status Update - Burnham Associates—DEP File 964-271, City Solicitor John Keenan will update to the Commission. 3. Continuation Public Hearing - Notice of Intent—Amy Newton Meimeteas, 123 %z Boston Street, Salem, MA. The purpose of the hearing is to discuss the construction of three single- family dwellings with related earthwork and roadway on Cloverdale Street. 4. Public Hearing - Notice of Intent—Elizabeth S. Bradt, 22 Larchmont Road, Salem, MA. The purpose of this hearing is to discuss the renovation of an existing building within an area designated as bordering land subject to flooding at 20 Commercial Street. 5. Old/New Business/Other a. Forest River—Update, Dr. Milt Vorgeas • RLrsday,May 10,2001 9:26 AM To:Don Cetalo from:Eileen Sa=o.978.7451976 Page:1 of 4 /ED I 'n 'l:l . Salem Conservation Commission Minutes of Meeting `ALL./, Thursday, April 26, 2001 pL; :1",'N r":_ A regular meeting of the Salem Conservation Commission was held on Thursday, April 26, 2001 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were Debbie Hurlburt, Michael Allen, Abby Burns, Kevin Comacchio, Joseph Fumari, and Laura Rome. Also present were Don Cefalo and Eileen Sacco, Clerk. Karen Fabiszewski was absent. Status Update—Burnham Associates Debbie Hurlburt informed the Commission that City Solicitor John Keenan has requested an Executive Session to discuss pending litigation regarding the Burnham case. She noted that she would be recusing herself from this matter and Kevin Comacchio would chair the session. i^ Mr. Fumari moved and Ms. Rome seconded a motion to go into Executive Session for the purpose of discussing pending litigation and the Conservation Commission would be returning to open session. A roll call vote was taken as follows: Abby Burns yes Kevin Comacchio ves • Joseph Fumari yes Michael Allen yes Laura Rome yes Debbie Hurlburt present The Commission returned to open session at 7:40 p.m. Continuation of Public Hearing —Notice of Intent—Amy Newton Meimeteas— Cloverdale Avenue Chuck Faia of Parsons and Faia addressed the Commission and reported that a site visit was held and asked if the Commission had any questions. Kevin Cornacchio asked to have the location of die sewer extension to accommodate the project. Mr. Faia explained that they plan to extend the sewer 150 feet and explained the locations. He also noted that at the request of the City Engineer private pumps will be installed. f Debbie Hurlburt asked to have the blasting locations reviewed. Mr. Faia reviewed the locations of the blasting and the process that they would use. Laura Rome suggested moving the location of the detention basin to the left and up further away from the wetlands. Mr. Faia explained that the present location is an ideal spot for runoff control • 1 rhOtr day.May%2001 9:26 AM To:Don Cefalo From:Erken Sa=.978-7451976 Page:2 of 4 • Kevin Cornacchio asked what the construction time frame would be. Mr. Faia stated that they would like to have the earthwork completed by the fall and start construction after that. Debbie Hurlburt asked if they would be maintaining the storm water management plan. Mr. Faia stated that they would maintain the storm water management until the city accepts the street. Debbie Hurlburt asked if they have talked to Mr. Bornstein to see if the city would be willing to take it over and maintain it. Mr. Faia will look into that. Debbie Hurlburt opened the hearing up for public comment at this time. Charlie Hinceman of 17 Glen Avenue addressed the Commission and asked about the possibility of other residents tying into the sewer system. Mr. Faia explained that they are tying into the sewer at Glen Avenue and Cloverdale Avenue and they could go to the property line if residents would like and they could tie in at their expense. There being no further questions or comments regarding this matter Kevin Cornacchio moved to close the public hearing and issue an order of conditions, seconded by Joseph Fumari and approved (6-0). The Commission discussed special conditions for the project. Kevin Cornacchio suggested that he would like to see a double row of silt fence and hay • bails staked. Debbie Hurlburt suggested that parcel three would maintain the detention area. Any debris shall be removed from the wetland. Motion made by Kevin Cornacchio to approve the Order of Conditions, seconded by Laura Rome and approved unanimously. Public Hearing—Notice of Intent—Elizabeth Bradt—renovation of an exisiting building within an area designated as bordering land subject to flooding at 20 Commercial Street Ms. Bradt addressed the Commission and requested that she be allowed to continue the public hearing to May 10, 2001 since her wetlands specialist Paul Sommer of Sommer Environmental is not here this evening. She explained that she expected him to attend the meeting but he is not here yet. Debbie Hurlburt suggested that the Commission could schedule a site visit before the next meeting. She asked Ms. Bradt to explain a little about the project for the Commission and we could continue to the next meeting so her environmental specialist could be present. • 2 Rersday.May 10.2001 9:26 AM To:Don Cefelo From:Ek-en Samo.978-7451976 Page:3 of 4 • Ms. Bradt explained that she is renovation a 6,700 s.f existing building and raising the footings three feet to meet the 2 foot requirement fbr the high tide mark. She explained that she plans to use the site for her veterinary practice and she has been to the Board of Appeal and received a variance from zoning. The Commission decided that members would visit the site on their own before the next meeting. Laura Rome moved and Abby Burns seconded a motion to continue the public hearing to May 10; 2001 and the motion was approved unanimously. Old /New Business Forest River Update—Discussion with Dr. Milt Vorgeas Dr. Vorgeas addressed the Commission and updated them on the progress that has been made at Forest River. He informed the Commission that he handed out 75 Earth Day packets last weekend and it was well attended. He noted that the Park and Recreation Department hauled away all of the trash under the direction of Bill Merrill. Dr. Vorgeas also reported that Sgt. Slagle from the Salem High School ROTC Program has expressed an interest in the their participation in the projects that are going on out there. He reviewed the list of projects that in progress at the Forest River. • Debbie Hurlburt reported that she and Abby Burns and Laura Rome visited the site with Dr. Vorgeas and identified areas that need to be repaired.. She reviewed the projects that have been approved by the Commission_ She expressed concern at the amount of lint pack that is on the path and suggested that it should be reduced. Debbie Hurlburt noted that the Commission did not approve the fire road and has a letter from Lt. Latulippe stating that it is not necessary. Dr. Vorgeas expressed concern about that and explained the history of fires in the area and the road that is there is for the protection of the residents in the Surrey Road area. Abby Burns stated that the existing road is sufficient. Dr. Vorgeas noted that he would be opposed to this and would temporarily resign his position as Forest Steward should be need to fight this decision. Dr. Vorgeas requested that the Conservation Commission give him a written notification of the work that has been approved for the Forest River Conservation area. Debbie Hurlburt agreed and stated that the Commission would provide that for Dr. Vorgeas. The Commission thanked Dr. Vorgeas for attending the meeting. Debbie Hurlburt addressed the Commission and reported that she attended a clean up of the Salem Woods and suggested that she would like to approach Mayor Usovicz about turning the property over to the Conservation Commission. • 3 rharsday,May 10.2001 9:26 AM To:Don Cefelo From:Ekes So=.978-7451976 Pepe:4 of 4 Approval of Minutes The minutes of the meeting of April 12, 2001 were presented for approval. Motion made by Laura Rome to approved the minutes of the meeting of April 12. 2001 as amended, seconded by Abby Burns and approved unanimously. There being no further business to come before the Conservation Commission at this meeting, a motion was made by Joseph Fumari to adjourn the meeting, seconded by Laura Rome and approved unanimously. The meetin2. was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC042601 • • 4 y4g,P0%ON(COA'i Conservation Commission y Salem, Massachusetts 01970 •C�M"(ASSAL�JS� Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, May 10, 2001 at 7:00 p.m. in the second floor conference room, One Salem Green. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Continuation Public Hearing - Notice of Intent—Elizabeth S. Bradt, 22 Larchmont Road, Salem, MA. The purpose of this hearing is to discuss the renovation of an existing building within an area designated as bordering land subject to flooding at 20 Commercial Street. 3. Public Hearing-Abbreviated Notice of Resource Area Delineation - Bartlett and Steadman, • Co., R67 Village Street, Marblehead, MA. The purpose of the hearing is for a determination of a delineated wetland boundary line, approximately 6,020 linear feet along Dell Street, Circle Hill Road and Parlee Street. 4. Public Hearing—Notice of Intent—Ledge Hills Realty Trust, P.O. Box 780, Lynnfield, MA The purpose of this hearing is to discuss the construction of a new single-family house, driveway and related earthwork on Valley Street. 5. Public Hearing—Notice of Intent— Giacalone Construction Corp., 95R Maplewood Ave., Gloucester, MA. The purpose of the hearing is to discuss the construction of a road extension with utilities to provide access to an existing lot in order to construct a single-family dwelling at 12 Almeda Street. The proposed project will impact approximately 80 square feet of bordering vegetated wetlands, of which, approximately 90 square feet of vegetated wetland will be replicated as mitigation. 6. Old/New Business/Other a. Salem Transfer Station—Update b. Forest River • =dday.AtY 06.2001 10:29 AM To:Don celalo From:[]leen Sacco,97&7451976 • Page:1 of 6 DECEIVED ZEE! AlL -u AN to: �!0 Salem Conservation Commission p��NSA SALEM A'finutes of Meeting G DEt"T. Thursday, May 10, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, May 10, 2001 at 7:00 p.m. in the second floor conference room at One Salem Green. Those present were Debbie Hurlburt Michael Allen, Abby Bums, Kevin Comacchio, Joseph Fumari, Karen Fabiszewski and Laura Rome. Also present were Don Cefalo and Eileen Sacco, Clerk. Action on Outstanding Orders of Conditions- 10 Blaney Street Atty. Joseph Correnti addressed the Commission and explained that during a title search on the 10 Blaney Street property it was discovered that there were three outstanding Orders of Conditions that need to be cleared up. He explained that they are for Mr. Thomas Mackey and Goldeneye Corporation. Atty. Correnti explained that the properly is under agreement to be purchased by an affiliate of PG&E. The Commission took each matter individualiv. Atty. Correnti explained that a 1997 Order of Conditions was approved by the Commission for the removal of cars and the clean up of the site. He stated that the work • has not been completed and it is appropriate to close the matter out. Kevin Cornacchio moved and Karen Fabiszewski seconded a motion to close the order of conditions from 1977. The motion was approved unanimously. Atty. Correnti explained that Order of Conditions #64-247 was approved by the Commission in 1996 for the regrading of the site and the filling of a depression as well as the repair of a rip rap wall. He stated that all work has been completed and a Certificate of Completion is appropriate. Abby Bums moved and Laura Rome seconded a motion to issue a Certificate of Compliance for Order of Conditions. The motion was approved unanimously. Atty. Correnti explained that Order of Conditions #64-295 was issued to Goldeneve Corporation in 1999 which is the last plan that was seen by the Commission for the site. He explained that the plans call for the construction of an intermediate project for a ticket booth, gangway, and dolphin floats. He explained that the plan is being abandoned and anv further work on the site would require a new Notice of Intent. Abby Bums moved and Laura Rome seconded a motion to close out the Order of Conditions #64-295. The motion was approved unanimously. • t `riday.Ady 06,2001 10:29 AM To:Don Cefalo From:81een Sacco,978-7411976 Page:2 of 6 • Continuation of Public Hearing—Notice of Intent—Elizabeth Bradt Renovation of an Existing Building located at 20 Commercial Street Debbie Hurlburt noted that the Commission held a site visit to the property and invited Paul Sommer of Sommer Environmental to address the Commission on behalf of his client. Mr. Sommer apologized for not being at the last meeting, noting that he was detained while traveling and was unable to attend. Mr. Sommer explained the site and the plans to renovate the building. He noted that the North River Canal is across the street from the properly and explained that he has identified it as being within Flood Zone A. Mr. Sommer noted that the renovation wil I result in a net gain of 105 c.f of flood storage space for the property. Debbie Hurlburt asked if the members of the Commission had any questions regarding the project. Abby Burns asked where they plan to store snow removed from the site. Mr. Sommer stated that the building will house a veterinary clinic and they are proposing to use an area in the back of the building in the parking area. • Debbie Hurlburt opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding the matter a motion was made by Abby Burns to close the public hearing, seconded by Michael Allen and approved unanimously. Abby Burns moved to issue the standard Order of Conditions for the project seconded by Joseph Furnari and approved unanimously. Public Hearing—Abbreviated Notice of Resource Delineation Dell Street Circle Hill Road, and Parlee Street Debbie Hurlburt informed those present that the Commission has a Resource Delineation before them and that is all that they are allowed to consider this evening. She noted that no construction plans have been filed and that the Commission could not discuss what is not before them. Chris Mello of Eastern Land Survey addressed the Commission and reviewed a plan that showed the parcels of land that they are seeking to have the Resource Area approved. He noted that the wetland delineation was done by Rimmer Environmental and he feels that it is an accurate delineation with respect to the Wetlands Protection Act. • 2 -dday.July 06,2001 10:29 AM To:Don Cefalo From:Bleen Sacco,978-7451976 Page:3 of 6 • Debbie Hurlburt noted that the Commission held a site visit and walked the site. She noted that it was later discovered that the filing had been defective in that the abutters had not been notified of the application as is required_ She noted that the applicant has refiled and they are starting over again. Debbie Hurlburt also noted that even though the Commission has already walked the site, in fairness to the neighbors they will be having another site walk so that they can have a chance to walk the site and express their concerns. Joe Fumari agreed and stated that to be fair to the neighbors the Commission should meet with them at the site. Debbie Hurlburt opened the hearing up for public comment at this time. Jim Cobbett of 5 Parlee Street addressed the Commission and requested a map of the site. Debbie Hurlburt explained that any of the neighbors could get a map and they should contact the Planning Department. George Mack of 3 Malone Drive addressed the Commission and stated that he felt that copies of the map should be available to all of the neighbors and they should not have to chase them down at the Planning Department. A resident of 41 Circle Hill Road addressed the Commission and stated that the applicant • has hired his own consultant to delineate the wetlands and expressed concern that the delineation would be in the applicants favor. Debbie Hurlburt explained that when the Commission walked the site they had expressed concern that one area was a couple of feet bigger than what was flagged and they readily changed it. Diane Redican of 42 Crowdis Street addressed the Commission and asked what the neighbors could do to get the land declared conservation land and keep it vacant. Debbie Hurlburt stated that they would need to go to the Mayor and the City Council. Theresa 71 of 21 Mooney Road addressed the Commission and questioned whether the Commission has the technical expertise to check Rimmer Environmental's delineation. Debbie Hurlburt stated that she has high regard for Rimmer Environmental, however the Commission could have the delineation checked by someone else. Ed Parody of 11 Freeman Road addressed the Commission and stated that he felt that the applicant is trying to change the wetland. Peg Graffam of 13 Parlee Street addressed the Commission and stated that she was not notified of this meeting. Debbie Hurlburt explained that only the direct abutters are notified of meetings. Chris Mello stated that he would conferwith Mr. Atkins and try and reduce the plan to a size that is manageable for the neighthors. • 3 =riday,July 06,2001 10:29 AM To:Don Cefelo From:Eleen Sacco,9713-745.1976 Page:4 of 6 • Diane McCarthy of 40 Crowdis Street addressed the Commission and asked if the blue flags that are on the site are the markings for the wetlands. Mr. Mello reported that they are the markers for the wetlands. There being no further questions or comments at this time, a motion was made by Abby Burns and seconded by Joe Furnari to continue the public hearing to May 24, 2001. The motion was approved unanimously. The Commission scheduled a site visit for Saturday, May 19, 2001 at 9:00 a.m. Public Hearing—Notice of Intent—Leges Hill Realty Trust—Construction of a single family house, driveway and related earthwork on Valley Street Chuck Faia of Parsons and Faia addressed the Commission and explained the site plan for the construction of a single family house on Valley Street. Mr. Faia explained that John Dick of Hancock Survey did a wetlands reconnaissance on April 5, 2001 and determined it to be an intermittent stream. Karen Fabiszewski asked how much of the lot is located in the buffer zone. Mr. Faia noted that pretty much all of the area is in the buffer zone. • Debbie Huriburt opened the hearing up for public comment at this time. There was no one present who wished to comment on the project. Debbie Hurlburt suggested that the Commission should visit the site. The Commission scheduled a site visit for Saturday, May 19, 2001 at 8:30 a.m. There being no further questions or comments at this time, a motion was made by Laura Rome to continue the public hearing to May 24, 2001, seconded by Joe Furnari and approved unanimously. Public Hearing—Notice of Intent—Giacalone Construction Corp. 12 Almeda Street— Proposed construction of a road extension with utilities to Provide access to an existing . lot in order to construct a single family dwelling Bill Manual addressed the Commission and explained that there are two existing lots off Almeda Street and the entire site is in the butter zone. He explained that they want to bring the driveway for the existing lots. He also noted that they will be going to the Planning Board to combine the lots. Mr. Manual explained that they will be bringing the water in from Almeda Street with a 6' water main and a I"hookup. He also explained that they will construct a 13 '/2 foot roadway and a retaining wall along the wetland side and upland to minimize the alteration of the wetland. • 4 'dday,A&Y O6,2001 10:29 AM To:Don cefalo From:Eileen Sacco,978-7451976 Page:5 of 6 • Mr. Manual explained that they would be filling 80 square feet and plan to replicate 90 s.f. Debbie Hurlburt noted that usually replication is 1 1/2 times the area that is filled and an additional 30 feet would be more desirable. Abby Burns suggested that the Commission should visit the site. Debbie Hurlburt opened the hearing up for public comment at this time. Arty. Phil Moran addressed the Commission and stated that he thinks that there will be more of a problem developing the site than they think. He stated that he feels that the roadway is up against the wetland. Dr. Mike Kantomsinski of 8 Almeda Street addressed the Commission and noted that there is a lot of wildlife in the area. Atty. David Ankeles addressed the Commission and stated that this is a sensitive area and there are issues. He explained the layout of the area and noted that there is private land at the end of Almeda Street that should be considered. He also asked that the Commission consider the pond life noting that the construction could be destructive and make the wetland useless. He also noted that the topography of the area has a 50%slope in some • areas. Mr. Gilbert Letarte addressed the Commission and stated that he is concerned about the impact of the project on the neighborhood. There being no further questions or comments on this matter at this time a motion was made by Michael Allen to continue the public hearing to May 23, 2001, seconded by Laura Rome and approved unanimously. The Commission scheduled a site visit for Saturday, May 19, 2001 at 8:00 a.m. Old/New Business Transfer Station Update Don Cefalo reported that he is working with DEP to settle the issues regarding the transfer station. He noted that they are doing some cleaning and are going to move the compost pile. Forest River Update Dr. V'orgeas reported on the progress of the Forest River Conservation Area. He stated that the paperwork for the Department of the Army needs to go in soon so that they can schedule a time for them to come and do the work. Don Cefalo reported that he has been • 5 'dday.JWy 06.2001 10:29 AM To:Don cefelo From:Steen Sacco,978-745-1976 Pogo:6 of 6 0 told that no one is going to sign the contract until City Solicitor John Keenan can take a look at it. The Commission discussed the status of the projects that have been authorized by the Commission. Don Cefalo reported that Don Giard is working of the schematic design for the Outdoor Education Center. Steps Beach Debbie Hurlburt read a letter from City Engineer Stan Bornstein regarding the Order of Conditions that was issued by the Commission. Kevin Comacchio suggested that we should respond to the City Council since the request to repair the site came from them originally. Laura Rome suggested that the response should indicate that at the meeting there were several knowledgeable people in attendance and Mr. Bornstein did not attend the meeting. Other Business The Commission received a letter from Collins Middle School teacher Nancy Pelletier requesting that he students be allowed to map the Forest River trail and build four post guides. Debbie Hurlburt stated that she thought it was a great idea and she would like to • see a plan and a rendering of what the posts will look like. Eileen Sacco will call Mrs. Pelletier and invite them 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 Joe Fumari and approved unanimously. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission • 6 IuN ca��y' CITY OF S ALEP•1. MA Z Cjo' eLV on Conunision CLERK'S OFFICE Snl1•rn. Mascachusclts 01970 aASS"`�• 1001 MAY 22 q 4 35 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, May 24, 2001 at 7:00 p.m. in the third floor conference room, 120 Washington Street. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Continuation Public Hearing- Abbreviated Notice of Resource Area Delineation - Bartlett and Steadman, Co., R67 Village Street, Marblehead, MA. The purpose of the hearing is for a determination of a delineated wetland boundary line, approximately 6,020 linear feet along Dell Street, Circle Hill Road and Parlee Street. 3. Continuation Public Hearing—Notice of Intent—Ledgewood Hills Realty Trust, P.O. Box • 780, Lynnfield, MA The purpose of this hearing is to discuss the construction of a new single- family house, driveway and related earthwork on Valley Street. 4. Continuation Public Hearing—Notice of Intent—Giacalone Construction Corp., 95R Maplewood Ave., Gloucester, MA. The purpose of the hearing is to discuss the construction of a road extension with utilities to provide access to an existing lot in order to construct a single- family dwelling at 12 Almeda Street. The proposed project will impact approximately 80 square feet of bordering vegetated wetlands, of which, approximately 90 square feet of vegetated wetland will be replicated as mitigation. 5. Public Hearing—Notice of Intent - Maritimes & Northeast Pipeline, L.L.C., 5 Batchelder Road, Seabrook, NH. The purpose of the hearing is to discuss work associated with the geotechnical investigation for a proposed interstate gas pipeline. The proposed work will involve thirteen soil borings primarily within the Danvers River and Beverly Harbor and one within a 100-foot buffer zone located in a area on the east side of Kemwood Street. 6. Public Hearing—Notice of Intent - Glover Estate, LCC, 28 Essex Street, Lynn, MA. The purpose of the hearing is to discuss the installation of a 400 linear foot chain link fence for the purpose of limiting access to the property at 485 Lafayette Street (former Chadwick Lead Mill). 7. Old/New Business/Other T%46 notice paatod an "Oiflclal BUiistin ®nerd" • CWJ Hall Ave., Sald,n, Mass. on -127gy all 9!,9 s A.m . {� UA A 232 at N.c Lac� *0h Chap. 39 Sec. =rloay,JWy 06,2001 10:20 AM To:Don cerelo From:Eileen Sacco,978.745-1976 Page:1 ot9 tECEIVED • 2001 Jul. -G /U4 10: 27 SALEM Salem Conservation Commission PLAN��!\G DF(' Minutes of Meeting Thursday, May 24, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, May 24, 2001 at 7:00 p.m. in the third floor conference room at 120 Washington Street. Those present were Debbie Hurlburt Michael Allen. Abby Bums, Kevin Comacchio, Joseph Fumari, Karen Fabiszewski. Also present were Don Cefalo and Eileen Sacco, Clerk. Laura Rome was absent. Approval of Minutes The approval of the minutes was tabled to the next meeting of the Commission on June, 28, 2001. Continuation of public Hearin —Abbreviated Notice of Resource Area Delineation — Bartlett and Steadman— Determination of Wetland Bounda Line, approximately 6,020 linear feet along Dell Street Circle Hill Road and Parlee Street Debbie Hurlburt addressed the Commission and noted that the Conservation Commission hired a consultant William Manual who checked the wetland delineation of the applicant • and introduced him to explain his findings. Mr. Manual addressed the Commission and explained that he found some differences, noting that it is common for professionals to disagree, but noted further that he agreed for the most part with the delineation of Rimmer Environmental and his differences don't vary significantly. He explained that there is one area above B35 where a flag was not delineated that extends along the 106 contour that he would include in the plan. He stated that he concurs closely with the plan of Rinimer Environmental. Atty. George Atkins, representing Mr. Steadman addressed the Commission and stated that his engineer is not available this evening_ but lie has talked to him and they would be Willing to accept the suggestions and incorporate them into the plan and revise the plan. Debbie Hurlburt opened the hearing up for public comment at this time. w Theresa Lee Fierstein addressed the Commission and asked what the next step ould be in the process. Debbie Hurlburt explained that the Commission could issue a decision on this application in anticipation of a modified plan showing the changes suggested. She further explained that if they plan to build on the property anywhere within 100 feet of the buffer zone then they would have to get a permit from the Conservation Commission. • 1 -rlday.July 06,2001 10:20 AM To:Don Cefeb From:Faken Sacco,978-7451976 Page:2 of 9 • Atty. George Atkins addressed the Commission and explained that this is the fust step that they are taking towards developing the property. He noted that there could be other hearings on the matter with the Planning Board and they realize that there is a lot of apprehension in the neighborhood. He noted that Mr. Steadman is a small developer and he has every intention of taking the plans to the neighbors before they go to any boards for approvals. He stressed that they want to work with the neighbors. Michael Allen noted that the Commission did not read a letter at the last meeting from Ward Four Councillor Leonard O'Leary, Debbie Hurlburt read the letter from Councillor O'Leary into the record and a letter from Jan and Jim Corbett that was sent to the City Council and the Mayor, and a letter fivm Councillor Tom Furey in opposition to the plan. Councillor O'Leary addressed the Commission and noted that he cannot stay long at this meeting as he has a City Council Meeting that he should be at now. He asked that the Commission continue the matter to their next meeting until the revised plans have been received. Debbie Hurlburt stated that she felt that the Commission could approve this tonight and the applicant can submit the revised plan to the Planning Department. Councillor O'Leary argued that he would like to see the revised map before the Commission approves it. • Karen Fabiszewski stated that she did not see the need to continue the matter ftirther and that the applicant is required to file a revised plan that will not change from the changes discussed this evening. Diane Redican of 42 Crowdis Street addressed the Commission and asked for a clarification on the changes that have been made to the plan. Debbie Hurlburt explained that the changes result in an increase in the wetlands which directly impacts Malone Drive. Mrs. Redican stated that the people would like to see those changes before it is approved and the Cormnission should let them see that. Abby Burns suggested that the applicant can have a map made up showing the changes to the plan for the neighbors. Atty. Atkins stated that they are willing to do that. Councillor O'Leary stated that the neighbors are concerned that they don't know what is going to happen there. Debbie Hurlburt explained that the Commission is unable to talk about what might happen up there since the only thing before them is the delineation of the wetlands, and there is no other plan before they. Ed Parody of 11 Freeman Road addressed the Commission and stated that he is concerned about where water from a project would go. Debbie Hurlburt stated that they are valid concerns, however there is no plan before the Commission that we can discuss these issues. • 2 :dday,JWy 06.2001 10:20 AM To:Don Cefalo From:Eileen Sacco,978-7451976 Page:3 019 • Councillor At Large Kevin Harvey addressed the Commission and asked how the developer could seek this delineation if he did not legally own the land when he applied. Atty. Atkins explained that they had a valid, binding purchase and sale agreement and it is common for buyers to seek permitting prior to the purchase of a property. Debbie Hurlburt asked what the wish of the Commission was on the matter. Abby Burns moved to continue the Public Hearing to June 28, 2001, seconded by Joe Furnari and approved 4-0 with Mr. Allen voting present. Continuation of Public Hearin —Notice of Intent— Led ewood Realty Trust— Discussion regarding construction of a single family home on Vallev Sireet driveway. and related earthwork Chuck Faia of Parsons and Faia addressed the Commission and explained that the Commission held a site visit on May 19, 2001. He explained the plans and they will be doing test borings to see where the ground water is. Abby Burns expressed her concern that 3 feet does not seen deep enough for ground water. Kevin Cornacchio asked what they plan to do with the excavated soil. Mr. Faia stated the • soil would be trucked off site with the exception of what they will need to back fill the foundation. Debbie Hurlburt opened the hearing up for public continent at this time. There was no one present who wished to speak on the matter. Kevin Cornacchio moved to close the public hearing, seconded my Joe Fumari and approved unanimously. Kevin Cornacchio moved to issue an Order of Conditions, with special conditions seconded by Joe Furnari and approved 5-0-1 with Debbie Hurlburt recusing herself from the vote. Continuation of Public Hearin —Notice of Intent—Giacalone Construction Cori). Const action of a road extension with utilities to provide access to an existirt lot in order to construct a single family dwelling at 12 Almeda Street Bill Manual addressed the Commission and noted that the engineer Stan Bigelow is present this evening to answer questions that the Commission may have. Mr. Manual explained that they have revised the plan and have one copy this evening and will deliver additional copies this week. He explained that the changes involved the Bank Resource Area, but noted that the flags did not change. He noted that they are • 3 -riday.J*06.2001 10:20 AM To:Don Cefalo From:Eileen Sacco,978-7457976 Page:4 of 9 • lengthening the span and are "propo"ng to alter 40 st and replicate 140 s.f. He asked for a continuance to the June 28meeting. Abby Burns asked to have the replication area located on the plan. Debbie Hurlburt noted that she was concerned about the bank, noting that wildlife habitat was a concern out there. She also stated that she would not like to see a wetland filled if the lot does not have adequate frontage. Mr. Manual stated that the Building Inspector has indicated that this plan would be suitable. Debbie Hurlburt stated that this is something that she wants to take a look at. Debbie Hurlburt opened the hearing up for public comment at this time. Atty. David Ankeles addressed the Commission and stated that it is hard for him to comment on the plan, having not seen the revised plan as yet. He noted that fie is representing Mr. & Mn. Silva. He referred to the deed for the property which indicates that the property runs by the line on Almeda Street. He also expressed concern about the wildlife habitat in the area, noting that when he was out there he saw baby raccoons and about 17 geese. He further noted that his clients are not obstructionists and have offered to purchase the land for a few dollars more than the applicant paid for it. • Atty. Phil Moran addressed the Commission and stated that he feels that there is much more to the project than the applicant thinks. He noted that they are concerned about the runoff to Andy's pond. He explained that in his research fie found that there could be serious issues with the pond and it could disappear. Gerald LeTarte addressed the Commission and expressed his concerns about the pond. He showed a map and photographs of the area. He also noted that the pond was given to the city for conservation purposes, by Salem Hospital, as negotiated in the approval of the Day Care Center. Dr. Mike Kantorocinski addressed the Commission and expressed his concerns about the pond and the blasting that will have to be done. He explained that the pond has lowered since the construction of the day care center. He explained that he is not opposed to the development but questioned the price to the environment. He explained that the pond brings joy to the neighbors and people skate on the pond. There being no further questions or comments regarding this matter this evening, a motion was made by Mike Allen to continue the public hearing to June 28, 2001, seconded by Kevin Cornacchio and approved unanimously. • 4 'AGay.July 06.2001 10:20 AM To:Don Cefalo From:Eileen Sacco.976-745.1976 Page:5 of 9 • Public Hearin —Notice of Intent—Maritimes& Northeast Pipeline L L C Proposed Geotechnical Invests ahons to evaluate the feasibility of constructing a proposed interstate as PiPciine.acTOss the Danvers R>ver to an rnterconnecton with Al on uin Gas Transmission Company's proposed HubLine proiect John Bonsell addressed the Commission and introduced Gus McLaughlin, Ray Hicks, Denis Blais, and Andrea Grover who were also present at the meeting to answer questions. He explained that they have met with planning Department staff since October of 1999 and are starting to file the necessary applications for the project. He noted that this filing is for test borings to see if they can use horizontal directional drilling technology, to install portions of the proposed Maritimes Phase III natural gas pipeline beneath the Danvers River, and associated resource areas to an interconnect with the proposed Algonquin Gas Transmission Company's HubLine project within Beverly Harbor. Mr. Blais also explained that they would be doing a total of 13 test borings, one on land and 12 off shore in the Danvers River. The land based drilling site is located in an upland area on the east side of Kernwood Street and on the north side of the NEPCO easement and directly adjacent to the NEPCO row. The water based drill sites are located within the waters of the Danvers River and Beverly Harbor. The first geotechnical investigation area has two proposed drill sites that are located approximately 700— 1,500 feet east of • the landfill at McCabe Park. The second geotechnical investigation area has four proposed drill sites that are located in the vicinity of the MBTA railroad tracks and U.S. Route IA Bridge. A third site is located approximately 1,300 feet east of the bridge. The final geotechnical investigation area has five proposed drill sites are located near the Salem/Beverly City boundaries. Kevin Cornacchio asked how long the testing would take. Mr. McLaughlin stated that the land borings would be completed in one or two days. He also noted that due to the number of proposed water based drill sites the total lime to complete all investigations is estimated to be 20—30 days. il'Ir. McLaughlin explained that access to the land investigations would be gained via an existing access road of Kernwood Street through McCabe Park and no clearing of vegetation is expected. He explained that during the drilling process, all spoil generated will be temporarily stockpiled adjacent to the drill rig. Hay bails and silt fences will be installed around the land based boring locations during the drilling to contain any drilling fluids and cuttings. Following the completion of the drilling activities, all areas of disturbance will be returned to the original grade, if necessary and stabilized. Debbie Hurlburt asked what they plan to do with the spoils. Mr. McLaughlin explained that the 5 foot samples would be boxed and sent to testing labs. Debbie Hurlburt stated that she would prefer that they enter the site from the Kernwood Street entrance at the parking area for McCabe Park. Mr. McLaughlin confirmed that is the location they intend to use. • 5 =ritlay,July 06,2001 1020 AM To:Con Cafalo From:Eileen Sacco,97&7451976 Page:6 of 9 • Debbie Huriburt opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. Kevin Cornacchio asked if a portion of the pipe is going to gothrough McCabe Park. Mr. Bonsell stated that it is planned to go through the park, and the test borings are being done to see if that is feasible. Abby Burns suggested that the Commission should visit the site. Kevin Comacchio stated that he felt that is was pretty straightforward and the work is not invasive. Debbie Hurlburt stated that she would like to make sure that Commission inspect McCabe park when the work is completed. There being no further questions or comments at this time a motion was made by Kevin Comacchio to issue an Order of Conditions with Special Conditions, seconded by Michael Allen and approved unanimously. The Commission discussed special conditions for the project. Kevin Comacchio requested that they have spill kits on the barges and a contingency plan filed with the Commission prior to the commencement of work. He also asked for a spill prevention plan, and that the Commission should be notified 48 hours in advance of the start of the work, as well as the usual standard conditions. • Debbie Hurlburt added drat they should contact the Commission when the job is completed so they can inspect the site and see that appropriate measures have been taken to return areas disturbed to their original grade and stabilized if necessary. Public Hearing Notice of Intent—Glover Estates—Installation of 400 Linear Feet of Chain Link Fence Brian McMath addressed the Comrnission and explained that test borings were done on the site and the tests revealed that the lead content in the soil levels exceed the DEP regulations and exposure is a problem. He stated that they are before the Commission to erect a fence to limit access to the site during remediation of the site, as they are concerned about kids jumping off the bridge into the water and wa access tire beach. lling across the site to Mr. McMath explained that they would be using one pickup truck and a hand held neumatic drill to install the fence, and disturbance to the resource area would be minimal if any. Debbie Hurlburt opened the hearing up for public comment at this time. Robert Kalis of Marblehead addressed the Commission and expressed his concern that there has been no photos showing what this development will look like. He also stated that he felt that it is a mean spirited fence. Debbie Hurlburt informed Mr. KAlis that the 6 dday.JiAy 06,2001 10:20 AM To:Don Cefalo From:Eileen Secco,97&7451976 Page:7 o19 i Commission could only discuss what is before them this evening and the only matter the Commission can discuss is the fence. She also noted that any Suture development would have to come before the Commission for approval. Bob Frasier of 452 Lafayette Street addressed the Commission and expressed his concern that the neighbors have not received the results of the testing that was done on the site. Mr. Frasier stated that he felt that the fence would not protect the public from the contamination on the site and would interfere with the bike path. Sandra Satin of 44 Pine Cliff Ihive in Marblehead addressed the Commission and stated that the applicant has not yet Sled with the Marblehead Conservation Commission. Robert Olsen of 154 Lafayette Street, Salem addressed the Commission and questioned who would be paying for the clean up. Mr. McMath stated that the company is responsible for the clean up. Ward seven Councillor Joe O'Keefe addressed the Commission and asked what they plan to do with the material removed for the footings, how high the fence would be and the color of the fence. Mr. McMath explained that the material would be taken ottsite and the fence would be 6 feet high and galvanized zinc. There being no further questions or continents regarding this matter, Kevin Comacchio • moved to close the public hearing, seconded by Mike Allen and approved unanimously. Kevin Cornacchio moved to approve tate Notice of Intent for Glover Estates for the installation of 400 feet of fencing, seconded by Abby Burns and approved unanimously. The Commission discussed special conditions for the project. A Contingency plan shall be made available to the Commission within a week before the start of the project. The height of the fence shall not exceed six feet and should be identical to the height of the existing fencing, with appropriate signage warning of the hazardous conditions. Standard conditions of the Commission shall be included. Mike Allen moved to approve the special conditions, seconded by Kevin Comacchio and approved unanimously. Old /New Business Councillor O'Keefe requested a copy of the letter to the Mayor regarding the Forest River tidal gates. • 7 'dday,Jay 06.2001 10:20 AM To:Don defaio From:Eileen Sacco,97&7451976 Page:6 of 9 • The Commission held a discussion on the Forest River Conservation area. Don Cefalo reported on the status of the Army Engineer Combat Battalion pertbrming work on the site. He meted that John Keenan is fuel as requested which is expected reviewing the conhact and that the DPW will provide to be 60 — 80 gallons of fuel. Councillor O'Keefe requested that the Commission send a letter to Dr. Vorgeas explaining exactly what work can be done and specify clearly the wishes of the Commission. There being no further business to come before the Commission at this meeting, a motion was made by Joe Fumali to adjourn the meeting, seconded by Kevin Cornacchio and approved unanimously. The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC052401 • 8 ,P(tON r:pif oyg Conservation Commi%ion • (� Salem, Massachusetts 01970 `�M 4.4SSAC�J�� NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled to be held on Thursday, June 14, 2001, at 7:00 PM in the third floor conference room at 120 Washington Street has been canceled. The next regular Conservation Commission meeting will be held on Thursday, June 28, 2001. Debra A. Hurlburt Chairperson CITY LERK'S SALEM. R OFFICE % Conservation Conuni%ion Salem, Massachusetts 01970 \' 4 Notice of Meeting 2001 JUN 25 A la 2 You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, June 28, 2001 at 7:00 p.m. in the third floor conference room, 120 Washington Street. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Continuation Public Hearing-Abbreviated Notice of Resource Area Delineation - Bartlett and Steadman, Co., R67 Village Street, Marblehead, MA. The purpose of the hearing is for a determination of a delineated wetland boundary line, approximately 6,020 linear feet along Dell Street, Circle Hill Road and Parlee Street. • 3. Continuation Public Hearing—Notice of Intent—Giacalone Construction Corp., 95R Maplewood Ave., Gloucester, MA. The purpose of the hearing is to discuss the construction of a road extension with utilities to provide access to an existing lot in order to construct a single- family dwelling at 12 Almeda Street. The proposed project will impact approximately 80 square feet of bordering vegetated wetlands, of which, approximately 90 square feet of vegetated wetland will be replicated as mitigation. 4. Request for Certificate of Compliance - DEP File #64-313, Marie Gauthier, 5 Riverbank Road, Salem, requests a certificate for the completion of work associated with the replacement of a asphalt driveway with paving blocks, rebuilding existing patio using paving blocks, create a walkway along the sides of the existing house using paving blocks, install roof down spout with drywells, construction of a concrete pad for a hot tub, landscaping with a low retaining wall and re-grading at 5 Riverbank Road 5. Public Hearing—Request for Determination of Applicability - Patrick Chasse, 12 Cleveland Street, Salem, MA. The purpose of the hearing is for a determination for work associated with the construction of a single-family home at 12 Cleveland Street. 6. Old/New Business/Other a. Nathaniel Bowditch School proposed wetlands plantings b. Public Presentation - Salem Willows Park Renovations c. Forest River Discussion *hisnotice posted on "Otiiclai @u'�&ti l City Hall Ave., Salem, Mass. on �Uft at /0''2'gR771 Inacwrdfi c,3 dai?'•i Chap. .. 29A & 239 of M.G.L. 3WK18Y.July 08.2001 11:45 PM To:Don Cefalo From:Eileen Sacco.97&7451976 Page:1 016 • Salem Conservation Commission Minutes of Meeting Thursday, June 28, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, June 28, 2001 at 7:00 p.m. in the third floor conference room at 120 Washington Street Salem, Massachusetts. Those present were Debbie Hurlburt, Michael Allen, Abby Bums, Kevin Comacchio, Joseph Fumari, Karen Fabiszewski, and Laura Rome. Also present were Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The approval of the minutes was tabled to the next meeting of the Commission on July 12, 2001. Continuation of public Hearin —Abbreviated Notice of Resource Delineation—Bartlett & Steadman Co. Determination of a delineated wetland boundary line, approximately 6,020 linear feet alone Dell Street Circle Hill Road and Parlee Street Debbie Hurlburt addressed the Commission and noted that changes have been made to • the original plan and the abutters have had time to review the plan. She asked if the Commission members had any questions concerning the plan. Joe Fumari requested that Debbie Hurlburt explain the process of this hearing to the audience. Debbie Hurlburt addressed the audience and stated that the plan before the Commission this evening is for the Delineation of the Wetlands Boundaries and that is the only matter that the Commission can discuss this evening. She explained that if the developer has plans to develop the property he will have to come back to the Commission and file a Notice of Intent and at that time other concerns may be addressed. Atty. George Atkins addressed the Commission and stated that the plans have been changed and the recommendation of the Commission has been incorporated. Ward Four Councillor Leonard O'Leary addressed the Commission and asked that they postpone any action on this matter until a ruling is received from the City Solicitor regarding the legality of the sale of the land. Debbie Hurlburt stated that the Commission has given this application a month of their time and noted that an applicant can be a potential buyer of a piece of property and it is common that prospective buyers do that She also stated that she did not feel that the Commission should get involved in any other issues regarding this site, other than the application that is before them. She also noted that she is ready to move forward on this. • knday.A4Y Oa,2001 11:45 PM To:Don Ce/alo From:Oken Samo,978-745.1976 Pape:2 of 6 • Laura Rome agreed noting delineation of the wetlands.that the ownership of the land has no bearing She also noted that the application has been re viewed, the applicant extended the wetlands at the request of the Commission and agreed to changes suggested by the Commission's consultant. Debbie Hurlburt opened the hearing up for public comment at this time. William Jennings of Crowdis Street addressed the Commission and asked if the area has been flagged and requested a copy of the NOI and the EIR that has been filed with DEP. Atty. Atkins stated that they have not filed a Notice of Intent with DEP, noting that would be done with the Commission. Mr. Jennings stated that he called DEP and was told that an NOI was filed. Atty. Atkins noted that the Abbreviated Notice of Resource Delineation was filed with the DEP as required, and they may have mistaken that for an NOI when they looked at the file. Mrs. Redican of 42 Crowdis Street addressed the Commission and questioned how they could go through the resource area. Debbie Hurlburt explained that they can replicate the wetlands in the same vicinity but that is not an issue that is before the Commission at this time. There being no further questions or comments at this time a motion was made by Michael Allen to close the public hearing, seconded by Abby Bums and approved unanimously. • Debbie Hurlburt explained the options that the Commission have to approve the application. Michael Allen moved to accept the modified plan as it now stands for the determination of the delineated wetland boundary line, approximately 6,020 linear feet along Dell Street, Circle Hill Road, and Parlee Street, the motion was seconded by Laura Rome and approved (7-0). Continuation of Public Hearin —Notice of Intent—Giacalone Construction Co Construction of a road extension with utilities to provide access to an existing lot in order to construct a single family dwelling at 12 Almeda Street Bill Manual addressed the Commission and explained the water quality control measures that they would be taking and the projected impact on the water quality from the construction. He explained that they plan to monitor the water bi-weekly during the construction of the road. Mr. Manual also explained the blasting requirements and noted that the blasting is regulated by the Fire Department and pre-blast survey of surrounding properties is a requirement. Debbie Hurlburt noted that at the last meeting she had a concern about the zoning, noting that it is not in the pervue of the Commission but asked for a little time with this. She • �urMay,July 08,2001 11:45 PM To:Don Cefelo From:EL-en Sacco,976-745.1976 Page:3 of 6 • noted that she felt that a variance would be required. Don Cefalo gave her a letter from Building Inspector Peter Strout that stated that 10 1/z and 12 Almeda Street have been merged and they are non-conforming buildable lots. Debbie Hurlburt noted that Andy's pond was granted to the city 10 approximately 10 years ago. She explained that the hospital deeded the pond to the city and questioned if the engineer looked at the deed to see what exactly was deeded to the city. Abby Burns addressed the Commission and stated that blasting is a big concern for her. Michael Allen asked if the Commission could condition approval of the project with NO blasting. Debbie Hurlburt stated that the Commission could do so. Debbie Hurlburt stated that the wetlands are constantly changing and the limit of the wetland could change within two years. Debbie Hurlburt opened the hearing up for public comment at this time. Atty. Philip Durkin addressed the Commission and stated that he was attending the meeting in place of Atty. Ankeles who is representing the Silva's in this matter. He asked that the Commission continue the public hearing to the next meeting in order for Atty. Ankeles to address his concerns to the Commission and present some information. • Atty. Durkin presented pictures of wildlife habitat in the area for the observation of the Commission. Michael Allen noted that there was some question of the property line at the last meeting. Debbie Hurlburt stated that she would rather not approve the plan until all information is received. Anthony Giacalone, the owner of the property addressed the Commission and stated that the issue of the Right of Way has never been delineated and the right of way is still in effect and is grandfathered. Atty. Durkin referred to recent case law regarding this situation. Mikr Kantorocinski addressed the Commission and noted that the previous owner did not develop the property because the paper street infringed on the wetland, and the lot is landlocked. Debbie Hurlburt stated that she would like to continue the public hearing for two weeks to get a definitive opinion on the boundary lines. Mike Allen asked what the process would be if the Commission did not continue the hearing and turned the project down- Debbie Hurlburt explained that the applicant could • 'Unday.MY 08,2001 11:45 PM To:Don Cefelo From:Eileen ftmo,978-745-1976 Page:4 016 • appeal to DEP, but that the Commission would have no say in the conditions for the project. Michael Allen stated that he felt that if the project is solid the Commission should approve the project on the condition that the land issues are solved by the appropriate board. Michael Allen moved to close the public hearing, seconded by Abby Burns and the motion failed 2-5. Mr. Giacalone addressed the Commission and stated that he feels he has answered all of the questions that they asked. He stated that he has said all along that he is not putting a full basement on the site and that if the Commission rules that he cannot blast he will accept that and split the rock. Mrs. Silva addressed the Commission and stated that she is concerned as to whether there will be a driveway or a street there. There being no further questions or continents regarding this matter this evening, a motion was made by Kevin Comacchio to continue the public hearing to July 12, 2001, seconded by Laura Rome and approved unanimously. Request for Certificate of Compliance—DEP file#64-313 5 Riverbank Road Diane • Gauthier Marie Gauthier addressed the Commission and requested a Certificate of Completion for work associated with the replacement of an asphalt driveway with paving blocks, the rebuilding of an existing patio using paving blocks, the creation of walkways along the sides of the existing house using paving blocks, the installation of roof down spouts with dry wells, the construction of a concrete pad for a hot tub, and landscaping with a low retaining wall and re-grading at 5 Riverbank Road. She explained that the work has been completed according to the approved plan and showed the Commission pictures of the house. Councillor Joseph O'Keefe addressed the Commission and requested that they approve the request for the Certificate of Compliance. Don Cefalo stated that he has been out to the site and it looks great and was done according to the approved plans. Kevin Cornacchio moved to issue a Certificate of Compliance for 5 Riverbank Road. seconded by Joe Furnari and approved unanimously. 0 �F+ iunday,July 08,2001 11:45 PM To:Don Cefalo From:Skeen Sacco,978-745.1976 Page:5 of 6 • Public Hearum —Request for Determination of Applicability— 12 Cleveland Road— fatrick Chasse—determination for work associated with the construction of a sin le family home Atty. Steve Lovely of 14 Story Street addressed the Commission on behalf of his client Patrick Chasse. Atty. Lovely explained that they propose to build a dwelling which will be 20% in the buffer zone. He also explained the history of the properly. He also noted that there had been some filling done on the property in the past, but stressed that there has been no dumping since the previous problem with the previous owner. Debbie Hurlburt asked Mr. Chasse if he planned to have a basement. hIrc Chasse stated yes and explained that he would be going 6 feet down and four feet up with the house. Kevin Cornacchio asked if there has been any flooding on the site from the recent storms. Mr. Chasse stated that there were no problems with flooding. Kevin Cornacchio stated that he would like to visit the site. He also stated that he would like to review the previous filings for the site. Debbie Hurlburt agreed and stated that she felt that the Commission members could visit the site on their own. Mr. Chasse agreed that they could access the property. • Abby Burns moved and Mike Allen seconded a motion to continue the Public Hearing to July 12, 2001. The motion was approved unanimously. Old /New Business Discussion of Forest River Conservation Area Don Cefalo reviewed the Memorandum of Understanding tvith the Army Construction Battalion that was drafted by Acting City Planner Joe Walsh. Councillor Joe O'Keefe addressed the Commission and stated that he supports the memo from Mr. Walsh and requested that the Commission take a look at doing another brochure on the Forest River Conservation Area as they have had in the past. He noted that it is most helpful to visitors to the site. The Commission discussed the Memorandum of Understanding and suggested an amendment to add that the Army Construction Battalion come in and do a survey of the work for the site. Motion made by Abby Burns to accept the Memorandum of Understanding with the Army Construction Battalion, seconded by Mike Allen and approved unanimously. Kevin Cornacchio updated the Commission on the status of the Steps Beach Project. • Amday,July 08,2001 11:45 PM To:Don Cefelo From:Eileen Salto,978-745-1976 Page:6 of 6 • There being no finiher matters to come before the Commission at this meeting, a motion was made by Joe Fumari 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 CC062801 • Conservation Commission Salem, Massachusetts 01970 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on C, Thursday, July 12, 2001 at 7:00 p.m. in the third floor conference room, 120 Washington Street. C�1 Debra A. Hurlburt, Chairperson .9 �F "9 Tentative Agenda: c% 1. Approval of minutes. 2. Continuation Public Hearing—Notice of Intent— Giacalone Construction Corp., 95R Maplewood Ave., Gloucester, MA. The purpose of the hearing is to discuss the construction of a road extension with utilities to provide access to an existing lot in order to construct a single- family dwelling at 12 Almeda Street. The proposed project will impact approximately 80 square feet of bordering vegetated wetlands, of which, approximately 90 square feet of vegetated wetland will be replicated as mitigation. • 3. Continuation Public Hearing—Request for Determination of Applicability - Patrick Chasse, 12 Cleveland Street, Salem, MA. The purpose of the hearing is for a determination for work associated with the construction of a single-family home at 12 Cleveland Street. 4. Old/New Business/Other a. Forest River Discussion ileus notice poatod an "OMC;al Bulletin fioc�g^ Clty Hall Avg., Salarn, Mass. or,, JUL 9 L11U1 at t .`I iir' la asx4?ar;09 with Chap, 3@ soC. •20A 210 of M.G.L. Mesday,.JNy 24.2001 828 AM To:Don Cefelo From;Elven Sacco,97&7457976 page:1 of 7 • Salem Conservation Commission Minutes of Meeting Thursday, July 12, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday.. July 21, 2001 at 7:00 p.m. in the third floor conference room at 120 Washington Street; Salem, Massachusetts. Those present were Debbie Hurlburt, Michael Allen, Abby Burns, Kevin Comacchio, Joseph Fumari, and Laura Rome. Also present was Don Cefalo. In the absence of Clerk Eileen Sacco, these proceedings were tape recorded. Approval of Minutes The minutes of the meeting of May 10, 2001 were presented for approval. Michael Allen moved to approve the minutes as amended, seconded by Joe Fumari and approved 4-1-1 with Abby Burns opposed and Laura Rome abstaining. The minutes of the meeting of May 24, 2001 were presented for approval. A4ichael Allen moved to approve the ruinutes as amended, seconded by Joe Furnari and approved 4-1-1 with Abby Burns opposed and Laura Rome abstaining. The minutes of the meeting of June 28, 2001 were presented for approval. Michael Allen • moved to approve the minutes as amended, seconded by Joe Fumari and approved 6-0. Continuation of public Hearing— Notice of hrtent—Giacalone Construction Corp. — Construction of road and extension with utilities and the construction of sin le famil house 12 Almeda Street Mr. Manual addressed the Commission and stated that he had nothing new to present and noted that a lengthy discussion took place at the-last meeting regarding the issues that were of concern to the Commission. He noted that the Commission held site wallas and they have taken into consideration the comments from the abutters. He noted that the layout of Almeda Street. He referred to a plan done in 1985 and noted that it matches up perfectly with the plan done by Mr. Bigelow. He also noted that this is the fourth public hearing and he feels that this is a better plan which takes into consideration all of the comments and suggestions of the Commission and the neighbors. Debbie Hurlburt asked if the Commission had any questions regarding the plan. Mike Allen stated that he thought that Councillor O'Leary had some concerns about this project, but noted that he was not present this evening so his concerns may have been answered. • 1 fu-:sday,Judy 24.2.001 8:28 AM To:Don Cefalo From:!]ken Sacco,978-7451976 Page:2 017 • Kevin Cornacchio asked of they could do the project without blasting by splitting the stone. Mr. Manual stated that blasting is preferable but as they discussed at the last meeting there are alternatives that they could use. Debbie Hurlburt opened the hearing up for public comment at this time. Atty. Ankeles addressed the Commission and stated that he has some concerns about title issues. He noted that the property was conveyed to the City of Salem, by Salem Hospital and it states clearly in the deed that the property is conveyed for conservation purposes. He referred to chapter 184 section 3 and explained that if you follow the description in the deed of record this plan does not meet that requirement_ He also noted the lots on the Plan with reference to Chapter 184, noting that the law does not allow for the construction of road or installation of utilities under those conditions. He also noted that Mr. & Mrs. Silva own to the center line of the street and questioned where the proposed driveway is to be and noted that the city owns to the center line as do the Silva's. Atty. Ankeles referred to Mr. Manuals plan and noted that it does not show the horizontal cross section of what is going to occur. He noted that he was referring to how much fill there was going to be from the beginning of the roadway to the end of the property. He also expressed concern about the elevation of the roadway to the retaining wall which he estimated at 9 '/-. feet. Mr. Manual explained their calculations and explained the material they would use for the wall. Atty. Ankeles asked how much disturbance there would be from the excavation on the side of the road. He stated that the pond was bigger than it is • now and questioned where the runoff would go, noting that he is concerned about that as well as the potential for pollutants from the wall if it gives way. Atty. Ankeles stated that the plan is offensive in what it does not show and he is troubled by the presentation and the lack of candor on the part of the applicant. He also stated that he found it difficult to understand how the project got this far. He encouraged the Commission to take a closer look at this project and see what is going to happen out there to the pond. He noted that he has 12 years experience at a Commissioner and as Chairman and urged the Commission to deny the project. Mr. Manual recalled that at the first meeting he noted that this is a small space to work in and explained the site. He also explained the material that they will be using for the retaining wall. He noted that the wire is actually galvanized steel with a gabian basket and explained the process of constructing it. He noted that there would be a siltation line that is intended to be the limit of work and suggested that the Commission could have a clerk on the site during the process. He explained the location of the driveway in relation to the Silva's lawn. He also stated that although the project is close to the pond it can be constructed without any impact to the pond. He also noted that they talked about post construction issues such as fertilizers and pesticides and the Commission can control that on this parcel in the Order of Conditions. • 2 rsdey.Jidy 24,2001 8:26 AM To:Don Cefeb From:Eileen Sacco.978-7451976 Page:3 of 7 • Laura Rome asked if any work is proposed to be done on the land owned by the City. Mr. Manual noted that there would be some temporary erosion controls that would be need to be done on the City side. Atty'.Ankeles expressed concern that they do not know how much fill or concrete they would be using noting that he does not see how deep the footings are and he is concerned that the machines they use will be on city land that is there for conservation purposes and he felt it would be impossible not to disturb the area. Debbie Hurl hurt asked the applicant how wide the driveway would be. He stated that it would be 13 1/z feet. Ms. Hurlburt asked how big the vehicle would be that is doing the excavation. IVir. Giacalone stated that it would be 8 feet. Ms. Hurlburt asked if they have the right to pass over the Silva's property. Mr. Giacalone stated that it was more of a legal question but noted that he talked to an Attorney, and he was assured that he has a legal right of way. He also noted that he took offense to Mr. Ankeles comments regarding his construction practices. Debbie Hurlburt asked for the location on the plan of the Silva's property line and the proposed driveway. Mr. Manual stated that it varies from about 7 feet to 4 feet at the closest. Ms. Hurlburt asked for clarification on how far from the hay bale line going to be from the excavatiom Mr. Manual explained that they will not be over excavating for a foundation and explained the process that they would use. Ms. Hurlburt asked if there was anyway that they could provide a 2 foot buffer. Mr. Manual stated that he could say • yes to satisfy the Commission but he did not think in all honesty that they could do that. Ms. Hurlburt questioned the methods of excavation the possible impacts that it would have. Mr. Manual explained the lots on the plan showing a 40 foot right of way, and also noted that property of the Silva's. He also noted that the Silva's have already done exactly what they are proposing when they built their home. Atty. Ankeles explained on the plan that the Commission will see that the street ends and their driveway comes off a cul de sac and goes away from the pond. He referred to a plan done in 1986. Abby Bums asked what the differences in the two plans are. Mr. Manual explained that their plan is a new plan that shows existing conditions. Mr. Ankeles stated that the new plan is a plan does not show the topography and the 1986 plan is more accurate. Mr. Manual noted that there has been significant drainage work done for the outlet of the pond since 1986 and it is quite possible that the work could very well have dropped the level of the pond. Abby Bums stated that she is concerned with the legality that N'lr. Ankeles referred to. Debbie Hurlburt agreed but noted that we have the letter from the Building Inspector that they are grandfathered lots. She noted that she has a concern about the roadway, but that is a legal issue that has to be taken up with Mr_ Giacalone and the Silvas. She noted that the work that is not being done is in the Conservation area or on city property. She noted that she had asked at the last meeting for the city to take a look at the property lines but • 3 uesday,Ady 24,2001 8:28 AM To:Don Cefalo From:Eileen Sacco.97&7451976 Page:4 of 7 • that did not happen. She suggested that the Commission could hire someone to do that and could place a condition that the Commission have someone look at that if they choose. Kevin Cornacchio stated that he has a concern about the gambian baskets and the longevity of them that are proposed. He noted that they might get 50 or 60 years out of them and he is concerned about the wall collapsing into the resource area. Mr. Giacalone explained how the gambian wall is designed. He stated that it is like a dry wall and would remain in place if the screen were removed. Mr. Comacchio stated that it was over burdened with 9 feet. Mr. Giacalone stated that it is 5 feet. He also noted that maintenance would be a consideration in the life span of the wall. Debbie Hurlburt asked if they would be hitting ground water. Mr. Manual stated that they probably will hit ground water. Mr. Giacalone stated that they are not using concrete so that would not be a big concern but they would pump if they had to. Debbie Hurlburt asked what type of fill they would be brining in. Mr. Giacalone stated that he has not really thought about it but it would be clean till. Atty. Ankeles stated that the Commission can regulate anything that they think will cause damage whether it is now or foreseeable. He noted that ground water freezes and the ground expands and everything has a possibility of ending up in the pond. • I%Iichael Allen moved to close the public hearing, seconded by Laura Rome. Under discussion: Debbie Hurlburt noted that if the Commission closes the public hearing they cannot entertain any new information and asked if the Commission feels that they have all of the information they need. Michael Allen stated that he feels that the legal issues are outside of the purview of the Commission and that is the main concern as well as the issue of the right of way. The Commission voted unanimously to close the public hearing. Debbie Hurlburt asked what the wish of the Commission was. She asked that the Commission express their concerns and possible conditions. Abby Burns stated that she has several concerns and the pond is the most important. She questioned if the Commission approves this she is concerned that there would be more development along that road. Debbie Hurlburt stated that is a planning issue, noting that she would be disappointed if another dwelling is built there. She noted that there needs to be a road that can support the dwelling. Mrs. Butes stated that she feels that the pond is fragile. Kevin Comacchio agreed noting that he feels it is has been neglected over the • 4 esday,Ady 24,2001 8:28 AM To:Don Cefalo From:Eileen Sacco,978745-1976 Page:5 of 7 4 • years. Abbv Bums speculated that the construction of the day care center probably never should have taken place. Debbie Hurlburt noted that this is tough decision. She stated that she is not comfortable that there is no buffer between the conservation area and the construction. She noted that it is a tight area and very close, noting that one slip would result in them being in the conservation area. Kevin Cornacchio stated that he was not comfortable with it and would vote to deny it. Joe Fumari stated that he is concerned that the middle line is unclear and if they go over that they will be in the conservation area. Debbie Hurlburt agreed noting that is why she suggested a review of that line. Michael Allen referred to pictures that were shown of wildlife walking up to the Silvas door. He noted that the wildlife was not impacted by the construction of the Silvas's property. Abby Burns noted that geese would coexist with anybody. Debbie Hurlburt stated that she did not think that the wildlife would be tremendously impacted. Abby Burns stated that without the pond there would be no wildlife. Kevin Cornacchio asked if any of the members thought that this area could be vernal. Abbv Burns stated that she did not think so. • Debbie Hurtburt stated that what concerns her is the location and that the work is right up to the buffer zone. She noted that the conservation of the pond concerns her. The Commission discussed reasons for denying the project. Debbie Hurlburt explained the options that the Commission has. Abbv Bums stated that it is hard to be specific about the impact on the habitat but it is something to consider. Debbie Hurlburt referred to the Ivi_ACC manual for guidance noting that this is not new information. The Commission discussed possible reasons for denying the project. Debbie Hurlburt noted that the Commission should be specific so that the decision can be upheld. Kevin Cornacchio moved to deny the application based on the four interest of the WPA that cannot be met, protection of habitat, ground water supply, prevention of pollution, and protection of private and public water supply, seconded by Abby Burns and approved 5 —1 with Michael Allen opposed. • 5 -uesday,JW 24,2001 8:28 AM To:Don Cefalo From:Eileen Sacco,978.7451976 Page:6 of 7 • Continuation of Public Hearing—Request for Determination of Applicability— 12 Cleveland Street—Patrick Chasse— Construction of a single family home Atty. Steve Lovely addressed the Commission and noted that the Commissioners were to have visited the site at their leisure. He noted that the commission had some concerns about the topography and noted that it was hard to determine it from the pictures they presented. Debbie Hurlburt noted that the Commission had requested information from the minutes of the previous submittal on the property and they have received that. Kevin Comacchio noted that the project presented in 1996 was denied because there were outstanding enforcement issues. He asked if there were any outstanding issues remaining on the property. Atty. Lovely stated that there were no outstanding violations and noted that there was some disrespect to the board by the previous owner of the property. He noted that he was not even sure that the area in question was on his property and was 10 feet away fiom the tree line. He noted that area is not on this plan and not part of this parcel. He noted that the proposed house is 25 feet away. Abby Burns asked for clarification on the plan as to the location of the proposed house and the area that the Commission was concerned about when Mr. Raby submitted his proposal. Atty. Lovely stated that the previous submission located the house more to the wetland. He explained that they have moved the property line to allow for the 5,000 s.f and would move the house away from the buffer zone to alleviate any concern that the • Commission might have. He also noted that the area that they are proposing to build on is a flat area and has been that way for many years- Abbv Burns noted that the Commission had been concerned about the fill and whether or not it could support a foundation. Atty. Lovely stated that this foundation will not be located in that area. He also noted that he did not think that the amount of dumping that was done there was significant, although it was abhorrent to the rules of the Commission. Kevin Cornacchio questioned if the land behind the property was owned by the city. Atty. Lovely stated that is owned by the Almy estate. Debbie Hurlburt asked to have the area where the fill was place identified and asked if there was any still there. Atty. Lovely noted the location on the plan. He noted that they are not going to disturb that area but would certainly entertain any suggestions by the Commission. Kevin Comacchio noted that there is a pile of asbestos shingles there that appears to be new. Atty. Lovely stated that it has been there for many years and is not on Mr. Chasse's property_ He noted that the dumping that Mr. Raby was cited for was done in 1990 and nothing else has been dumped there since. Debbie Hurlburt asked what the wish of the Commission was in this matter. She suggested a negative 3 determination as there will be no activity in the buffer zone. • 6 esday.Ally 24.2001 8:28 AM To:Don Cefalo From:Eileen Sacco.978-7451976 Page:7 of 7 • Bevin Cornacchio moved and Joe Furnaci seconded a motion to issue a negative determination 3 for 12 Cleveland Street. The motion was approved 6-0. 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 Laura Rome and approved unanimously. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC071201 • 7 ` 'BION r��f Conservation Commission h Salem, Massachusetts 01970 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, July 26, 2001 at 7:00 p.m. in the third floor conference room, 120 Washington Street. o mac, Debra A. Hurlburt, Ln cr. Chairperson N or Tentative Agenda: y rR T 1. Approval of minutes. F 9 2. Request for Determination of Applicability— Salem State College, 352 Lafayette Street, Salem, MA. The purpose of the hearing is for a determination for work associated with the reconstruction of Parking Lot A, located on the North Campus off Lafayette Street. The proposed work will include the reconstruction of the parking lot and driveway within the footprint of the existing paved parking area.In addition, work will include improvements to circulation, safety, landscaping, lighting and stormwater runoff. • . 3. Notice of Intent—Michael Cook, 105 Leach Street, Salem, MA. The purpose of the hearing is to discuss the construction of an 8-foot wide by 37-foot long dock, which will be supported 4 timber pilings. In addition, the applicant proposes to construct a 288 sq. ft. addition to an existing garage at 105 Leach Street. 4. Notice of Intent- Fafard Real Estate Building Company, Inc., C/o Harry Mack, 1 Fortune Way, Salem, MA. The purpose of the hearing is to discuss the construction of five condominium buildings and one commercial building, appurtenant driveways, parking lots, walls, and utilities within the buffer of a wetland resource area at the comer of First Street and Traders Way. 5. Old/New Business/Other a. Forest River Discussion TtOa n011ko poat*ad an "Ofiic+41 tau El " a�. Sal�rn, Wlass. Onw C" Hall AV36 84c. w;fh Ch*. ��.• sill► a �B al Im1.La.L. �� Vethesday.September 12.2001 12:06 To:Don Cefalo From:Eileen Sacco.978-745-1976 Page:1 of 5 • Salem Conservation Commission Minutes of Meeting TLursday, Tuly 26, 2001 A regular meeting of the Salem Conservation Cormnission was held on Thursday, July 21, 2001 at 7:00 p.m. in the third floor conference room at 120 Washington-Street; i--:l Salem Massachusetts. Those present were Debbie Hurlburt, Michael Allen, Abby Bums, Kevin Comacchio, Joseph Fumari, and Laura Rome. Also present was Don Cefalo. In the absence 0Glerl. : -i Eileen Sacco, these proceedings were tape-recorded. Request for Determination of Applicabilitv— Salem State College— proposed L' reconstruction of Parking Lot A— Lafayette Street A representative of Salem State College addressed the Commission and explained that parking lot A is nest to the library on Lafayette Street. He showed the Commission the plans and the location on the campus. He noted that they are rehabilitating and regrading the site to improve traffic circulation and safety of pedestrians. He noted that due to the grading of the area and the location there is a low-lying area that impounds water and storm water runoff. He stated that the project will not change the foot print of the lot. He stressed that they will not be doing any work that will effect the • resource area and they plan to use hay bales. He also noted that they would be doing some landscaping on the site to improve the aesthetics of the entrance near the library on Lafayette Street. Kevin Cornacchio noted that they have a multilevel parking area now and asked if they were changing it to one elevation. Mr. ? stated that they would be making it one level and the back slope would remain the same, explaining that they would be working towards that slope. Devin Cornacchio asked if they would be installing sumps in the parking area. Mr. ? stated that there are no water quality control structures on the site and they are incorporated into this plan. Debbie Hurlburt asked if they had identified the resource area. Mr. ? stated that he did not and noted that he is not a biologist and stated that there are a lot of phragmites back there. Debbie Hurlburt stated that the purpose of the Conunission is to permit and protect the wetlands and They need to know what type of wetland is out there. She noted that it may be less than 10,000 s.f. and an Isolated Wetland Subject to Flooding which would not be in the jurisdiction of the Commission, however the Commission needs to know this information in order to proceed. Michael Allen stated that he felt it was information that the Commission should have. • 1 Nednesday,September 12.2001 12:06 To:Don Cefalo From:Eileen Sacco,978-745-1976 Pape:2 of 5 • Laura Rome stated that the area is not noted on the plan, and it should be. Bevin Cornacchio stated that he felt that the plan was vague and he would like more information. Debbie Hurlburt stated that she telt that this is important inforniation that the Commission needs to consider for this application. She noted that if the Commission had the information this evening she felt they would have acted tonight, but she is not comfortable without the information. She asked the applicant what the construction time table was for the project. Ms. ? stated that the construction is scheduled for next summer, so a continuation would not be a problem. Motion made by Michael Allen to continue the public hearing to September 13, 2001, seconded by Laura Rome and approved unanimously. Public Hearing —Notice of Intent— Michael A Cook— 105 Leach Street- proposed construction of pier and addition to existing garage Michael Cook addressed the Commission and explained his plans to build a 8' x 37' dock and a 288 s.f addition to an existing garage. He explained that the property is 50' x 95' and the seawall abuts Palmer Cove. The area is in a coastal beach resource area. He noted that the water is at about 6 feet at high tide. • 1\4r. Cook explained that there is an existing boulder at the center of tile seawall about 15' out and was once the site of a pier that was washed away in the blizzard of 1978 and was never replaced. He showed the Commission photos of the pier. Mr. Cook stated that the abutter on the right has a pier that is grandfathered under Chapter 91 and his would be similar in size actually smaller being 300 s.f. Laura Rome referred to the plans and noted that 4 and 6 pilings are mentioned. Mr. Cook explained that he intended to use only 4 pilings but when the contacted North Shore Marine they suggested that he apply for 6 pilings in case more are needed. Debbie Hurlburt asked if Mr. Cook had applied for a Chapter 91 License. Mr. Cook stated that he applied for the Chapter 91 license and noted that he spoke to Jill Provencal and she explained that he would have to file for the garage separately and he has done that. Ms. Hurlburt asked if the Commission has received the comment sheet from DEP on the Chapter 91 license. Don Cefalo stated that he has not received it yet. Kevin Cornacchio asked what the seawall was constructed of. Mr. Cook explained that the wall is made with large concrete blocks and mortar and is well constructed. Mr. Cook explained his plans for the addition of the garage. He explained where he would put the footings and noted that he needs a variance for the setback because the right wall of the garage sits on the property line. (VLdnesday,September 12,2001 12:06 To:Don Cefalo From:Eileen Sacco,978-7457976 Page:3 015 • Mr. Cook also noted that he needs to present stamped building plans to the Building Inspector Debbie Hurlburt stated that she would like some more time to look at this noting that she just flew in last night and did not review the plan as closely as she would like. She asked Mr. Cook if he would mord continuing the hearing until September 13, 2001. Mr. Cook stated that he has no problem with that. Kevin Cornacchio stated that he would visit the site at high and low tide before the nest meeting. Motion made by Michael Allen to continue the public hearing to September 13, 2001 seconded by Joseph Furnari and approved unanimously. Public Hearing— Notice of Intent FRE Building Companv— Ham' Mack Debbie Hurlburt read a letter requesting that the Commission continue the public hearing to September 13, 2001 and waiving the statutory 21 day period that the Commission must act on the application. Old i New Business Approval of the Acceptance of Digital Camera from PG&E • Michael Allen moved and Joseph Furnari seconded a motion to accept the donation of a Digital Camera to the Commission from PG&E. The motion was approved unanimously. Debbie Hurlburt requested that a letter be sent to Mayor Usovicz informing him that the Commission has approved this, as well as a letter of thanks to PG&E. Discussion on Forest River Conservation Area Don Cefalo reported to the Commission that Dr. Vorgeas has been to the Salem Disabilities Conunission regarding the lack of access for the handicapped in t11e Forest River Conservation Area. He noted that he has been in touch with the Board and they want to work with the Commission on this and keep it at the local level if possible. Joe Fumari asked what the Commission on Disabilities wants done. Don Cefalo stated that they would like to meet with the Commission and make some suggestions on how to solve this. Laura Rome asked what the role of the Commission on Disabilities is. Don Cefalo stated that they give recommendations and work locally and in conjunction with the state if necessary. • 3 Nednesday,September 12,2001 12:06 To:Don Cefalo From:Steen Sacco,978-745-1976 Page:4 of 5 • Joe Fumari addressed the Commission and noted that these plans have been on the table for a long time now and he is frustrated that they have not been completed. He noted that the Commission has defined the wort:that they approved to be done. Debbie Hurlburt agreed and noted that she personally would like to see as little done to the area as possible keeping it a natural area. Michael Allen asked about the appointment of Dr. Vorgeas as the Forest Steward and questioned if the Commission appointed him if they could remove him from that position. Debbie Hurlburt stated that it is a supple project and can be done in a short amount of time as was done at the Salem Woods. Don Cefalo stated that the Planning Department and Councillor O'Keefe would not be in favor of any harsh action or removing Dr. Vorgeas, noting that it would not be a good thing for the city. He also suggested that he would life to see an association tbrmed like the Friends of the Salem Woods that could oversee the area on a regular basis. Joe Fumari agreed noting that the Commission should stand ground and enforce what has been approved and clearly identify the three areas that have been approved. He stated that he would like to see this done in a friendly way as Dr. Vorgeas has been a valuable volunteer and has been extremely hard working in procuring donations for the area. • Don Cefalo stated that he would like to see more involvement with the Essex County Inmates. Joe Fumari explained his program with the inmates. Debbie Hurlburt suggested that Joe Fumari meet with Joe Walsh, Joe O'Keefe and Dr. Vorgeas to address this. Joe Fumari agreed to hold the meeting_ Debbie Hurlburt also suggested that Don Cefalo talk to Janie VI%enchall and Ian Lynch to see how they established the Friends of the Salem Woods. There being no further business to come before the Conservation Commission at this meeting a motion was made by Kevin Comacchio to adjourn the meeting, seconded by Joe Fumari and approved unanimously. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk- Salem lerkSalem Conservation Commission CC072601 • 4 VION Co111 U O Conservation Conuni%ion Salem, Massachusetts 01970 R�""ASSAGNJS� Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, September 13, 2001 at 7:00 p:m. in Room 313, Third Floor, 120 Washington Street. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes. 2. Continuation Request for Determination of Applicability—Salem State College, 352 Lafayette Street, Salem, MA. The purpose of the hearing is for a determination for work associated with the reconstruction of Parking Lot A, located on the North Campus off Lafayette Street. The proposed work will include the reconstruction of the parking lot and driveway within the footprint of the existing paved parking area. In addition, work will include • improvements to circulation, safety, landscaping, lighting and stormwater runoff. 3. Continuation Notice of Intent—Michael Cook, 105 Leach Street, Salem, MA. The purpose of the hearing is to discuss the construction of an 8-foot wide by 37-foot long dock, which will be supported 4 timber pilings. In addition, the applicant proposes to construct a 288 sq. ft. addition to an existing garage at 105 Leach Street. 4. Request for Determination of Applicability - Glover Estates, LLC, 28 Essex Street, Lynn, MA 01902. The purpose of the hearing is for a determination of work related to additional soil and ground water investigations associated with the assessment of potential hazardous material impacts to groundwater and soil at the former Chadwick Lead Mill Site in Salem. 5. Request for Determination of Applicability - Bradford Smith, 45 Memorial Drive, Salem, MA 01970. The purpose of the hearing is for a determination of work related to the repair of an existing wooded landing with associated gangway and float at 45 Memorial Drive, which is adjacent to Collins Cove. The new landing is approximately 30% smaller and will be constructed in the original footprint of the previous structure, which dated back tot 960. 6. Notice of Intent- Fafard Real Estate Building Company, Inc., C/o Harry Mack, 1 Fortune Way, Salem, MA. The purpose of the hearing is to discuss the construction of five condominium buildings and one commercial building, appurtenant driveways, parking lots, • walls, and utilities within the buffer of a wetland resource area at the corner of First Street and Traders Way. 7. Old/New Business/Other .tonday.September 24,2001 12:17 AM To:Don Cefelo From:Eileen Sacco.978.745.1976 Page:1 of 5 pk-CENED 17 Salem Conservation Commission SALEM Minutes of Meeting PU INING DEF'Thursday, September 13, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, September 13, 2001 at 7:00 p.m. in the third floor conference room at 120 Washington Street, Salem, Massachusetts. Those present were Debbie Hurlburt, Michael Allen, Abby Bums, Kevin Comacchio, Joseph Fumari, and Laura Rome. Also present was Don Cefalo and Eileen Sacco, Clerk. Continuation of Request for Determination of Applicability—Salem State College 352 Lafavette Street Debbie Hurlburt noted that the applicant has asked for a continuation to the nest meeting of the Commission on September 27, 2001. Kevin Comacchio moved and Laura Rome seconded a motion to continue the hearing to September 27, 2001. The motion was approved (7-0). Continuation of Public Hearing —Notice of Intent— Michael Cook 105 Leach Street Salem_ MA. —construction of a deck and addition to existing garage • Debbie Hurlburt noted that the Commission was to have visited the site and asked if they had any questions. Michael Allen asked how the dock at 107 Leach Street compared to the size of the dock he proposes_ Mr. Cook stated that his proposed deck is a little smaller than that but is wider. Kevin Cornacchio noted that there is a drain in the back of the garage and asked if it connected, Nu. Cook stated that it was connected at one time but it is now plugged. Kevin Comacchio noted that the seawall look good and is well in tact. Debbie Hurlburt asked Mr. Cook if he has gotten any variances for the project. Air. Cook stated that he has not proceeded with that yet. Debbie Hurlburt asked Mr. Cook if he has applied for a Chapter 91 license yet. Mr. Cook stated that he is in the process of getting that with his application for the garage expansion. Debbie Hurlburt stated that she is concerned about storm velocity. Don Cefalo stated that a structural engineer or an architects report should be submitted to the Building Inspector. There being no further questions or comments regarding this matter a motion was made by Kevin Comacchio to close the public hearing, seconded by Michael Allen and approved (7-0). 1 Awday,September 24,2001 12:17 AM To:Don Cefalo From:Eileen Sacco,978-7457976 Page:2 of 5 • Kevin Cornacchio moved to issue an Order of Conditions for 105 Leach Street with the standard conditions and upon approvals of all state, local and federal agencies seconded by Michael Allen and approved (6-1-0) with Debbie Hurlburt opposed. Request for Determination of Applicability—Glover Estates L.L.C. 28 Essex Street— Lynrr. Massachusetts—work related to additional soil and ground water investigations associated with the assessment of potential hazardous material impact to groundwater and soil at the former Chadwick Lead Mill site in Salem Brian McGrath addressed the Commission and explained their request for a DOA to perform additional test borings on the site. He also noted that they felt it was necessary to come before the Commission since there is a great deal of public interest in this project. He also noted that they filed with the Marblehead Conservation Commission as well. A4r. McGrath explained that a public hearing on the soil sampling plan will be held on October 1, 2001 at Marblehead High School. Mr. McGrath explained that they are proposing seven shallow soil samples and six soil borings 8-16 feet. He also noted that they would like to capability to use an ATV to drive the borings. He stated that they would not use the ATV"in beach areas. • Mr. Richard Bane addressed the Commission and stated that access agreements have been sent to the City of Salem and the Town of Marblehead. Karen Fabiszewski noted that her application indicated areas of Marblehead on it. Upon comparing packets given to the Commission regarding the submission it was determined that some members had packets intended for Marblehead. Karen Fabiszewski stated that she is concerned that the description of the work:is accurate regarding what is being done in Salem. Debbie Hurlburt suggested that the Commission continue the hearing to the next meeting and the applicant should submit the correct information to the Commission. Joe Fumari moved and Michael Allen seconded a motion to continue the public hearing to the next meeting of the Commission on September 27, 2001. The motion was approved unanimously. Mr. Bane addressed the Commission and suggested that he would like to continue the hearing to the October 11, 2001 meeting of the Commission since the public hearing on the soil plan will be held October I"and they may have some more information for the Conunission as a result of that. Michael Allen moved to amend the motion to continue the public hearing to October 11, 2001, seconded by Joe Furnari and approved unanimously. • 2 donday.September 24,2001 12:17 AM To:Don Cefalo From:Eileen Sacco,978-745-1976 Page:3 of 5 • Request for Detenuination of Applicability—Bradford Smith 45 Memorial Drive work related to the repair of an existing wooden landing with associated ganghhav and float—adjacent to Collins Cove Mr. Smith addressed the Commission and stated that he had been contacted by Don Cefalo regarding some repairs he did to the landing structure. He stated that he was under the belief that repairs to an existing structure without significant modification did not require Conservation Commission approval. He noted that he completed the project a month ago. Mor. Smith explained that the landing was structurally unsound and needed the repairs. He also noted that he has been in touch with DEP and he will need a Chapter 91 license for future work that he plans and he would also have to come to the Commission for approval of that work as well. Joe Fumari asked ML-. Smith if he did the work himself. Mr. Smith confirmed that he did all of the work himself and showed the Commission photographs of the landing before and after the work was completed. Debbie Hurlburt opened the hearing up for public comment at this time. There was no one present who wished to continent on the matter. • Abby Bums moved to issue a Negative 3 Determination with the condition that no further work be done on the site betore approval of the Conservation Commission, seconded by Michael Allen and approved 6-0-1 with Debbie Hurlburt opposed. Public Hearing—Notice of Intent—Pafard Read Estate Building Comoanv Inc Construction of Condominium Buildings and Commercial Building and associated improvements within the buffer zone of a wetland resource area at the corner of First Street and Traders Way. Atty. Joseph Correnti addressed the Conunission on behalf of his client and explained that they are proposing to construct 14 four-plea buildings and a commercial building on the site. He stated that they have started the process with the Planning Board as well. He explained the location of the proposed buildings on the plan. Karen Fabiszewski asked if all or a portion of the proposed work is in the buffer zone. John Dick of Hancock Environmental stated that a significant portion of the project is NOT in the buffer zone and noted that they are not filing a Notice of Intent oil the whole site. Mr. Dick explained the existing drainage on the plan. He also noted that the stromwater management plan has been revised and will be given to the Planning Board as well. • 3 vlonday.September 24,2001 12:17 AM To:Don Cefolo From:liken Sacco,978-7457976 Page:4 of 5 • Debbie Hurlburt asked who would be responsible to maintain the detention basin. Mr. Dick stated that the Condo Association would be responsible to maintain die detnetion basin. Debbie Hurlburt questioned how to insure that the condo association would maintain the detention pond. Debbie Hurlburt suggested that the Commission visit the site. The Commission scheduled a site visit for Saturday, September 22, 2001. Debbie Hurlburt opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. Abby Burns moved to continue the Public Hearing to September 27, 2001, seconded by Michael Allen and approved unanimously. Old /New Business Forest River Studv Debbie Hurlburt asked if there was any new information regarding the study of the Forest River. Laura Rome reported that it was her understanding that DEP would be setting up a meeting with Mayor Usovicz. She stated that she will contact DEP and see where that stands. • Abby Burns stated that she feels that the study is a waste of taxpayer funds and should be funded by the neighborhood that want to keep the gates closed. Correspondence from John Keenan Regarding the Burnham Case Debbie Hurlburt read a letter from City Solicitor John Keenan notitying them that the case has been dismissed. Abby Burns stated that the Commission only authorized Atty. Keenan to dismiss the case if the junk was cleaned up on the site and it appears that it was not all removed. Kevin Cornacchio agreed and noted that there is still a lot of heavy equipment at the head wall. Laura Rome agreed as well and expressed concern that the wishes of the Commission were not carried out. Discussion of the Forest River Conservation Area Don Cefalo updated the Commission on the status of the Forest River Conservation area. • 4 rlonday,September 24.2001 12:17 AM 70:Don Cefelo From:Eileen Sacco.978-7451976 Page:5 015 • There being no further business to come before the Conservation CofuMission this evening a motion was made by Joe Furnari 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 CC091301 • • `,CWV rl,1J Salem, Massachusetts 01970 '1�A.titiplPly Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, September 27, 2001 at 7:00 p.m. in Room 313, Third Floor; 120 Washington Street. Debra A. Hurlburt, o Chairperson o C � Tentative Agenda: ?o � vices 1. Approval of minutes. D C ri� r-n o C-)? 2. Request for Determination of Applicability - Patricia A. Connor, 47 Herschel Stro, Lynn, rnD MA 01901. The purpose of the hearing is for a determination regarding the construction of a single-family home, driveway and associated utilities at 37 Intervale Road. 3. Request for a Certificate of Compliance—DEP File # 64-312, James E. Cormick, 324 Den • Quarry Road, Lynn, MA, request a certificate for the completion of work associated with the construction of a new single-family house, driveway, and retaining wall with associated fill, grading and landscaping at 44 Clark Street. 4. Continuation Notice of Intent - Fafard Real Estate Building Company, Inc., C/o Harry Mack, I Fortune Way, Salem, MA. The purpose of the hearing is to discuss the construction of five condominium buildings and one commercial building, appurtenant driveways, parking lots, walls, and utilities within the buffer of a wetland resource area at the corner of First Street and Traders Way. 5. Old/New Business/Other lri MGM" Posted on "Of legal 13 � "W1 Awe., 3;t:mr>, �Rass• on 4 200j • at iv;�0 9 ilA 286 at Pd.tA._ :�+' nla W01 Ot". n ev. (pesday.October 09.2001 11:48 PM To:Don Cefelo From:Steen Sacco.979-7451976 Page:1 of 4 t • Salem Conservation Commission Minutes of Meeting Thursday, September 27, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, September 27, 2001 at 7:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were Chairwoman Debbie Huriburt, Michael Allen, Abby Bums, Joseph Fumari, Karen Fabiszewski, and Laura Rome. ,Uso present was Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meeting of September 13, 2001 were presented for approval. Michael Allen moved approval seconded by Joe Fumari and approved unanimously. Review of proposed Boy Scout project for the Forest River Conservation Area — Nathaniel Dibble. Nate Corbiel, and Michael Yurco Nathaniel Dibble, Nate Corbeil, and Micheal Yurco addressed the Commission and • explained the proposed project for the Forest River Conservation area. The project will enable them to complete the rank of star in scouting. Mr. Dibble explained that they propose to do the following: 1 Remove logs near the new Eagle Scout Bridge and removing them from the conservation area. 2 Installing one granite bench next to the wayside marsh trail sign, facing the Forest River. 3 Installing three granite benches in a.semi circle next to the wayside entrance trail sign. 4 Add additional trail blazers where needed along the main trail from the college to Eagle Hill. 5 Install trail blazers to the Eagle Scout Trail from the Volunteers Bridge across the new Eagle Scout Bridge to Pick-man Road. This trail shows on the maps but has never been blazed. The scouts told Commission members that when the project is completed it will make the trail more enjoyable for visitors. Abby Burns asked what kind of trail blazers they plan to use. Mr. Dibble stated that they . would use the same blazers that are there now. t C�esday,October 09.2001 11:48 PM To:Don Cefalo From:Eileen Sacco,978-7451976 Page:2 of 4 • Laura Rome stated that she would like to see the project when it is finished. Joseph Fumari requested that the scouts take pictures during the activity. There being no further questions or comments regarding this proposal, a motion was made by Abby Burns to approve the proposal as submitted to the Commission, seconded by Michael Allen and approved unanimously. Request for Determination of Applicability—Patricia Conner. - constriction of a single family home, driveway and associated utilities at 37 Intervale Road John Dick from Hancock Survey addressed the Commission on behalf of his client Patricia Conner. He explained that there was an apparent misunderstanding when his client went to the building department as she thought that she needed to get the well water in place before she could be issued a building permit. He stated that his client did some site preparation work and installed the well. He also noted that they installed a silt fence when they realized what had happened. Laura Rome asked where the well was located. Mr. Dick stated that the well is located near the right front comer of the lot. • Karen Fabiszewski clarified that the lots on either side are conservation land. Debbie Hurlburt asked that they install hay bales as well as the silt fence on the site. She also noted that it is distressing that this was not caught before the work was done. Don Cefalo explained that he found out about this when the routing slip was passed. Debbie Hurlburt stated that she would like the hay bales installed as soon as possible. The applicant indicated that they would have them installed tomorrow. There being no further questions or connnnents regarding this application a motion was made by Laura Rome to issue a Negative Determination 3 with the condition that hay bales be installed immediately and that a construction fence be installed along the limit of work area to protect the conservation area, seconded by Joe Furnari and approved unanimously. Abby Rurns suggested that the Commission send'a letter to Building inspector Peter Strout letting him know about the problem. Request for a Certificate of Compliance- DEP File #64-312 James Cormick— completion of construction of a single family house at 44 Clark Street Mr. Cormick addressed the Conunission and showed a sketch of the plan that was approved in December of 2000. He reviewed the as built plans and showed photographs . of the home. 2 f,�lesday,October 09,2001 11:48 PM To:Don Cefelo From:Elven Sacco,976-7451976 Page:3 of 4. There being no questions or comments regarding this matter a motion was made by Karen Fabiszewski to issue a Certificate of Completion for DEP file #64-312: seconded by Laura Rome and approved unanimously. Continuation of Public Hearing—Notice of Intent—Fafard Real Estate Building Co. — construction of condominium buildings and one commercial building_ driveways, narking lots, walls and utilities within the buffer zone of a wetland resource area at the corner of First Street and Traders Wav John Dick of Hancock Survey addressed the Commission and explained that a site visit was held and he explained the plans. He explained that they will not intrude on the buffer zone and that there would be no alteration of the wetland. He also noted that the tree cover would remain the same. Debbie Hurlburt asked how the water runs off the site. Mr. Dick stated that it goes south east back into the rest of the system. He noted that a construction fence would be installed to indicate the limit of work near the buffer zone. Karen Fabiszewski asked if there could be another design for the commercial portion of the plan. Atty. Joseph Correnti stated that the commercial portion of the plan is a prototype of a building. He explained that they would wait until they have a tenant and • build it according to their needs. He noted that this was included in the plan to show what the footprint might look like. Atty. Correnti stated that they are agreeing to go back to the,Planning Board for Site Plan Review when the commercial building is ready to go forward and they would do the same with the Conservation Commission. Mr. Dick noted that they need to do some site preparation on the commercial site and build the wall. Debbie Hurlburt stated that she would like to see a buffer between the resource area and the construction. She also stated that she would like to see a cross section of the wall and a 15 foot buffer. Larva Rome stated that she would be more comfortable if there were a 20 foot separation from the limit of work to the designated wetland. Karen Fabiszewski stated that she would like to see them shift the road. Atty. Correnti suggested that they should take a look at that and review that with the Commission at the next meeting. Debbie Hurlburt stated that the site is clearly maximized with housing and she would be more comfortable if they would consider 20 feet of buffer for the connmercial portion and she would like 10 more feet for the lower portion of the site. 3 Oesday,October 09.2001 11:46 PM To:Don Cefelo From:Eileen Sacco,97&7451976 Page:4 of 4 J. • There being no further questions or comments this evening a motion was made by Michael Allen to continue the public hearing to the next meeting of the Commission On October 11, 2001, seconded by Karen Fabiszewski and approved unanimously. Old/New Business Laura Rome reported that Christie Foote Smith is going to set up a meeting with Mayor Usovicz regarding the study of the Forest River tidal gates. Michael Allen reported that he talked with John Keenan regarding the Burnham matter. and he requested that the Commission send him a letter outlining the wort:that they expected would have been completed and he will call Mr. Burnham's Attorney and let him know what the Commission wants. Debbie Hurlburt reported that she met with members of the Disabilities Commission regarding the Forest River Conservation area. Acting City Planner Joe Walsh, Councillor Joe O'Keefe and Don Cefalo attended the meeting. She explained that they discussed the army going in to do a survey and that the Conservation Commission should do a master plan for the conservation area. There being no further business to come before the Conservation Commission this evening a motion was made by Joe Furnari 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 CC092701 • 4 � -4gv��lour��1 ' cM Conservation Conunission LIHERK ShOFFICEa J Salem, Massachusetts 01970 • '.1/.ISSAC Notice of Meeting Z001 OCT —9 A 9* 19 You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, October 11, 2001 at 7:00 p.m. in Room 313, Third Floor, 120 Washington Street. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of minutes - 9/27/01 2. Continuation Notice of Intent - Fafard Real Estate Building Company, Inc., C/o Harry Mack, 1 Fortune Way, Salem, MA. The purpose of the hearing is to discuss the construction of five condominium buildings and one commercial building, appurtenant driveways, parking lots, walls, and utilities within the buffer of a wetland resource area at the corner of First Street and Traders Way. • 3. Old/New Business a. Hess Gas Station - Derby Street—The applicant is requesting a pre-meeting with the Commission to discuss improvements to the property located on Derby Street. City Hall rat.'ri., ii. 3t3 Board City V i 9 locfl /36, A 137 9. E.,. <,"�.. .. .. .:::�• :�'//L�sU. rpesday,Actober 16,2001 11:44 pM To:Don Cefelo From:Eileen Sacco,978.7451976 . Page:1 of 3 0: Salem Conservation Commission Minutes ofMcetingi SALEAvl Thursday, October 11, 2001 A regular meeting of the Salem Conservation Commission was held on third October 11, 2001 at 7:00 p.m in the floor conferenursday, Washington Street- Salem, Massachusetts. ce room 313 at Thursday, Those present were Chairwoman Debbie Hurlburt Michael Allen, Abby Burns, Joseph Futnart Karen n Cefaewand and Laura Rome. Kevin Cornacchio was absent Also Present was Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meeting of September 27, 2001 were presented for approval. Michael Allen moved approval seconded Abby Burns and approved unanimously as amended_ Continuation ofPublie Hearin —Notice of Intent—Fatard Real Estate Build' Com v— 1 Fortupe Wa Sal MMLY and one commercial builuul drivewa s —C onsbuchon of five condominium buildin s buffer zone of a wetland re arkln lots walls and utilities within the source area at the corner of First Street and Traders Wa • John Dick addressed the Commission and noted that they were asked to make some revisions to the plan. He reviewed three possible changes to the plan with the Commission. He explained that they looked at rerouting the roadway but that would Push configuration everything toward the wetland. He also explained that they looked at changing the configuration of unit one and they,really can't do that due to the locations of the other driveways. Mr. that Dick addressed that the inclusion of the commercial site in this submission and explained they need to do some site preparation on that site and they would only be opening up the site and cutting in the buffer zone but there would be no fill. He noted that the cut would be 20—30 feet fiom the wetland. Mr. Dick stated that they would come back to the Commission when they have a tenant approval. for the proposed commercial site for further IN-Ir. Dick explained a proposed habitat enhancement for the site which would be 2000 s.f. He explained the plants and shrubbery that they would plant Hestated that the significant amount of landscaping would serve as an upland cover. Mr. Dick explained the locations of the snow storage areas on the plan. He noted that there are several locations for small amounts of snow. Abby Burns questioned if people would want piles of snow on their lawns_ Harry Mack of Fafard stated that the Planning Board had required snow storage areas such as there in the other phases of development. • 'uesday,October 16,2001 11:44 pM 70:Don Cefalo From:Eleen Sacco,978-7451976 Page:2 of 1 • Karen Fabiszewski noted that one of the proposed snow storage areas is close to the butler zone and asked if it could be moved a little. Mr. Dick stated that it appears close on the plan but it is actually on the other side of the street. Debbie Hurlburt suggested that since they have so many of them that one could be eliminated. Mr. Mack was hesitant to agree to that noting that the Planning Board was adamant about this. Abby Burns questioned who would take care of the replication area. Mr. Dick explained that it would be left alone and monitored for two years. He noted that plantings will be replaced if needed but if it is done right it should grow. Debbie Hurlburt asked that the use a noted that she was pleased that the cosnow fence rather than a siltation fence. She also mmercial building has been taken off the plan for the time being. There being no further questions or comments regarding this matter this evening a motion was made by Joe Furnari to continue the public hearing to October 25, 2001, seconded by Abby Burns and approved unanimously. Old /New Business Discussion with Hess Gas Company regarding fanned renovations for their Derby Street • location s�Z�z-� rasins tefano addressed the Commission and explained plans to demolish and rebuild a 17,0f facility on Derby Street He noted that they are planning to install a series of and divide the site into four quadrants. Debbie Hurlburt asked if they would be increasing their impervious surface. Mr. Distefano stated that he felt that they gained a little surface. Ms. Hurlburt e i noted that under the Rivers Protection Act only a 10% increase is allowed and suggested that they look into that. Debbie Hurlburt noted that the plan calls for a grass area out back. Mr. Distefano explained that they plan to hydro seed it and landscaping it; noting that presently it is not in the best of shape. Abby Bums stated that she lilted the addition to the project of the landscaping. There being no further questions or comments from the Commission on this matter, Debbie Hurl hurt thanked Mr. Distefano for attending. Discussion on Conservation Commission by-laws Debbie Hurlburt suggested that the Commission should think about amending the bv-law to include a no cut no disturb zone and other suggested changes as the Commission wishes. She noted that the Commission would have more leverage with that in dealing • with areas close to the buffer zone. She explained that Beverly is in the process of trying to get their by-law established and explained the process. ,Ue9o8g OC1ober 16,ZW1 11:44 pM To:Don Ceralo From:pken Seceo,978-7457976 Page:3 013 t� • Karen Fabiszewski suggested that the Commission take this under consideration again noting that perhaps a sub committee could address this and report back to the Commission. Discussion of November meeting dates Karen Fabiszewski noted that there is a Conservation Commission meeting scheduled for the fifth Thursday in November and November. Debbie Hurlburt agreed usually the Commission meets only once in that the meeting could be canceled noting the traditionally the Commission meets only once in November and December. Joe Fumari moved to cancel the meeting scheduled for November 29, 2001, seconded by Laura Rome and approved unanimously. There being no further business to come before the Conservation Commission at this meeting a motion was made by Joe Furnari to adjourn the meeting seconded by Abby • Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, October 25, 2001 at 7:00 p.m. in Room 313, Third Floor, 120 Washington Street. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Approval of Minutes— 10/11/2001 2. Continuation Request for Determination of Applicability— Salem State College, 352 Lafayette Street, Salem, MA. The purpose of the hearing is for a determination for work associated with the reconstruction of Parking Lot A, located on the North Campus off Lafayette Street. The proposed work will include the reconstruction of the parking lot and driveway within the footprint of the existing paved parking area. In addition, work will include • improvements to circulation, safety, landscaping, lighting and stormwater runoff. 3. Continuation Notice of Intent - Fafard Real Estate Building Company, Inc., C/o Harry Mack, 1 Fortune Way, Salem, MA. The purpose of the hearing is to discuss the construction of five condominium buildings and one commercial building, appurtenant driveways, parking lots, walls, and utilities within the buffer of a wetland resource area at the comer of First Street and Traders Way. 4. Notice of Intent - Glover Estate, LCC, 121 Loring Avenue, Salem, MA. The purpose of the hearing is to discuss the remediation of lead contaminated soil and sediment located on site (including the waterfront beach area), and the development and construction of a 55 unit assistant living center at 485 Lafayette Street (former Chadwick Lead Mill). 5. Old/New Business `unday.November 04,2001 11:42 PM To:Don Ceralo From;Olean Sacco,978.7457976 1 Page:2 of 3 • Salem Consenution Commission Minutes of Meeting Thursday, October 25, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, October le , 01 atMss chu p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. 'those present were Chairwoman Debbie Hurlburt, Michael Allen, Abby Burns, Kevin Cornacchio, Joseph Furnari, Karen Fabiscewski, and Laura Rome. Also present was Cnnservation Administrator Don CeWn and Eileen Sacco, Clerk. Approval of Minutes Allen moved approval seconded Abby The minutes of the meeting of October 11, 2001 were presented for approval. Michael Burns and approved unanimously as amended. Continuation of Public Hearin —Request for Determination of Applicability— Salem State Co fte 352 Lafayette Street Salem_ MA Debbie Hurlburt noted that the Commission opened a public hearing on this in July and since then the applicant has provided the information requested by the Commission and asked if the members of the Commission had any questions. There being none a motion was made by Michael Allen to issue a Negative l Determination seconded by Laura Rome and approved unanimously. Continuation of Public Hearin —Notice of Intent—Fafard Real Estate Building Company— I Fortune Wav Salem AZA John Dick from Hancock Environmental addressed the Commission and presented the written copy of the presentation that he made at the last meeting on the plan revisions and the issues that the Commission had on the project He noted that the report is to summarize his presentation of the proposed modifications. Mr. Dick outlined the site description, the concerns of the Commission and the proposed changes and revisions to the plan. There being comments or discussion on the matter at this time a motion was made by Abby Burns to continue the public hearing to November 8, 2001, seconded by Michael Allen and approved unanimously. • `%VrVday.November 04,2001 11:42 PM To:Don Cefalo From:Eileen Sacco.978-7451976 Page:3 of 3 • There being no further business to come before the Conservation Commission at this meeting: a motion was made by Joe Fumati to adjourn the meeting, seconded by Karen Fabiszewski and approved unanimously. The meeting was adjourned at 7:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC 102501 • • 2 „cJON rfi �g y�..r NA v. nse�c don CommissionC�ER's a OFFICE Salem, Massachusetts 01970 2001 NOV -S A 10: 2S Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, November 8, 2001 at 7:00 p.m. in Room 313, Third Floor, 120 Washington Street. Debra A. Hurlburt, Chairperson Tentative Agenda: I. Approval of Minutes — 10/25/01 2. Request for Determination of Applicability— First Massachusetts Land Company, LLC, c/o USGEN, 24 Fort Avenue; Salem, MA 01970. The purpose of the hearing is for a determination of work related to one or two soil samplings at Pickman Park and the Forest River as part of an • on going wetlands mitigation program. 3. Request for a Certificate of Compliance—DEP File # 64-324, Ledgewood Hills Realty Trust, P.O. Box 780, Lynnfield, MA, request a certificate for the completion of work associated with the construction of a new single-family house, driveway and related earthwork on Valley Street. 4. Continuation Notice of Intent- Fafard Real Estate Building Company, Inc., C/o Harry Mack, 1 Fortune Way, Salem, MA. The purpose of the hearing is to discuss the construction of five condominium buildings and one commercial building, appurtenant driveways, parking lots, walls, and utilities within the buffer of a wetland resource area at the comer of First Street and Traders Way. 5. Old/New Business • rhWsdey,,JerAWTY 10.2002 12:00 AM To:Don Cefelo From:Eileen Saao.978-7451976 Page:1 012 • % ! l, 1 10: i 3 Salem Conservation Commission Minutes of MeetingSAL��q Thursday, November 8 2001 PLs``!� DEPT A regular meeting of the Salem Conservation Commission was field on Thursday, November 8, 2001 at 7:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were Chairwoman Debbie Hurlburt Michael Allen, Abby Burns, Kevin Comacchl and Joseph Furnari.. Also present was Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meeting of October 25, 2001 were presented for approval. Michael Allen moved approval. seconded Abby Bums and approved unanimously. Request for Determination of Applicability—First Massachusetts Land Company. LLC — USGEN 24 Fort Avenue Salem, MA_ Susan St. Pierre representing US Generating addressed the Commission and explained that their application is for a determination of work related to one or more soil samplings at Pickman Park and Forest River Park as part of an ongoing wetlands mitigation • program. She explained that the previously agreed to work was never performed by Goldeneye Corporation and since then PG & E has purchased the properly. Debbie Hurlburt asked why they are not filing a Notice of Intent. Ms. St. Pierre stated that part of the area is excluded from the Wetlands Protection Act and referred to Chapter 131 Section 40. Debbie Hurlburt stated that she would look into that Abby Burns asked for a brief description of the project. Ms. St. Pierre explained that they plan to clean 200 feet along the volunteer bridge at Forest River to the salt pan. The material will be removed from the salt pan will be removed upland. She also stated that at Jackman Park the wall is causing obstruction of the tidal flow . There being no further questions or comments regarding this matter a motion was made by Abbv Burns to issue a Negative 2 Determination for the work within the area protected by the Wetlands Protection Act seconded by Mike Allen and approved unanimously. Request for Certificate of Compliance— DEP File #64-324 Ledeewood Hills Realty Trust Chuck Faia addressed the Commission and requested a Certificate of Compliance for the completion of work associated with the construction of a new single family home with driveway; and related earth work on Valley Street. He noted that as built plans have been submitted. • rh0rsday,Pntary 10,2002 12:00 AM To:Don Cefalo From:Eileen Samo,978-7451976 Page:2 of 2 Kevin Cornacchio noted that the elevation is steep where the sand bales and silt fence are. Mr. Faia stated that the sand bales and the silt fence would remain there until they disintegrate. Debbie Hurlburt asked about the condition of the lawn. Mr. Faia stated that it is thin but it is coming around. There being no further questions or comments regarding this matter, a motion was made by Mike Allen to issue a Certificate of Completion, seconded by Kevin Cornacchio and approved unanimously. Continuation of Public Hearing —Notice of Intent— Fafard Real Estate Building Company— 1 Fortune Wav—Salem. MA Ham' Mack was present at the meeting and noted that they have removed the snow storage area that was between buildings 7 and 8 and they have also removed the commercial building from the plan. Debbie Hurlburt asked if Don Cefalo has the most up to date plan. W. Cefalo stated that he has received the revised plans. There being no further questions or comments regarding this proposal, Abby Burns • moved to close the public hearing, seconded by Mike Allen and approved unanimously. The Commission discussed special conditions for this project as follows: • No snow storage shall occur in the buffer zone. • A Notice of Intent shall be filed for the commercial building. • Replication should be 75%successful within two years of the completion of the project. • If there is a vernal pool on the site the developer shall have it inspected and certified. Kevin Cornacchio moved to issue an Order of Conditions with the above special conditions, seconded by Joe Fumari and approved unanimously. There being no further business to come before the Conservation Commission this evening a motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Cornacchio and approved unanimously. The meeting was adjourned at 8:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC 110801 • Conservation Commission Salem, Massachusetts 01970 �."ASSAO'v . NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled to be held on Thursday, November 29, 2001, at 7:00 PM in the Room 313, Third Floor at 120 Washington Street has been canceled. The next regular Conservation Commission meeting will be held on Thursday, December 13, 2001. Debra A. Hurlburt • Chairperson • Xorc rr�i Conservation Co F n:�rnission 1/oF %F Salem, Massachusetts 01970 C / F. 4� stiac.N" / 0 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, December 13, 2001 at 7:00 p.m. in Room 313, Third Floor, 120 Washington Street. Debra A. Hurlburt, Chairperson Tentative Agenda: 1. Request for Determination of Applicability—Glover Estates, LLC, 28 Essex Street, Lynn, MA 01902. The purpose of the hearing is for a determination of work related to additional soil and ground water investigations associated with the assessment of potential hazardous material impacts to groundwater and soil at the former Chadwick Lead Mill Site in Salem. 2. Notice of Intent- Glover Estate, LCC, 121 Loring Avenue, Salem, MA. The purpose of the • hearing is to discuss the remediation of lead contaminated soil and sediment located on site (including the waterfront beach area), associated with the development and construction of a 55 unit assistant living center at 485 Lafayette Street (former Chadwick Lead Mill). 3. Notice of Intent- Ledgewood Hills Realty Trust, c/o Paul Dibiase, P:O. Box 780, Lynnfield, MA. The purpose of the hearing is to discuss the construction of a roadway extension, three single-family homes, stormwater management structures, utilities and associated grading at 17-21 Parlee Street. 4. Old/New Business a. Forest River W • 1 DEC 36� a 2001 1 Nednesday.Sanuary30,2002 11:08 AM To:Don Cefelo From:Eileen Sacco,978-745-1976 Page:1 of 5 DECEIVED 21-7 Jed ]10 1"M 11: 14 Salem Conservation Commission SALEMII Minutes of Meeting PLANNING DEPT Thursday, December 13, 2001 A regular meeting of the Salem Conservation Commission was held on Thursday, December 13, 2001 at 7:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were Chairwoman Debbie Hurlburt, Michael Allen, Abby Burns, Kevin Cornacchio, Joseph Furnafi, Karen Fabiszewski, and Laura Rome. Also present was Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Public Hearing—Notice of Intent—Glover Estates LLC, 121 Loring Avenue Salem MA. —Purpose of hearing is to discuss the remediation of lead contaminated soil and sediment located on the site Debbie Hurhburt read the legal notice for the public hearing. Attorney Mark Roberts addressed the Commission and requested a continuation of the public hearing due to a concurrent hearing with the Marblehead Conservation Cormttission. • Debbie Hurlburt stated that she has concerns and some questions regarding this application. She asked that they supply the Commission with information regarding where they are in the DEP tier class, noting that she is not interested in hearing something that DEP is not in agreement with. She noted that there is a lot of information that the Commission does not have and this project is a big undertaking. Jolm Thompson stated that a licensed site DEP representative would be on site for the clean up. Atty. Roberts stated that they would be happy to supply the requested information to the Commission and he will prepare a packet for the members. He stated that they are at DEP tier 1C and explained the tier structure at DEP. Tier 2 is the lowest tier. Abby Burns moved to continue the public hearing to January 24, 2002, seconded by Kevin Cornaccluo and approved unanimously. Request for Determination of Applicability—Glover Estates LLC—Investigative wort: at the former Chadwick Lead Mill Site —485 Lafavette Street John Thompson addressed the Commission and explained that they are requesting the RDA for a determination of work related to additional soil and ground water testing associated with the assessment of potential hazardous material impacts to groundwater and soil at time former Chadwick Lead Mills. He explained that they are going to collect additional samples to define site impacts. He explained the plans and identified the areas • where they would like to do the additional samples noting that the purpose of this is to Nednesoay,,Ianuary70,2002 11:08 AM To:Don Cefalo From:Eileen Sacco.978-745-1976 Page:2 01.5 • define the extent of the lead that was released from the lead mill. He noted that they would he taking shallow soil samples from seven locations. Mr. Thompson noted that they have been working with the city and Attorney Fogle on an access agreement. Kevin Cornaccluo asked if an ATV would be used in the beach area for the testing. Mr. Thompson stated that all of the work would be done by hand. Debbie Hurlburt asked for clarification on the shallow soil samples. Mr. Thompson stated that they would be digging 2 feet down and would remove rocks, twigs and other debris. Debbie Hurlburt asked how close to the walking trail the testing would be done. Mr. Thompson stated that they would be hiring a police detail and would be closing down the West Shore Drive end of Marblehead. Laura Rome noted that sampleWP08 is pretty close to the river. Mr. Thompson stated that they would be using drive threaded steel pipes about 4-5 feet with a sledge hammer. Debbie Hurlburt asked if they have submitted information for a Chapter 91 license. Mr. Thompson stated that they have been in touch with Chapter 91 officials. • Debbie Hurlburt opened the hearing up for Public Comment at this time. Hannah Bodkins of Warwick Terrace in Marblehead addressed the Commission and expressed the concerns of the Public Involvement Committee. She presented information that they feel is important to understanding the implications of approving this project as follows: • An October 25t11 hearing was canceled due to concerns about additional sampling. • The proposed sampling figures by the firm that did the wort: should he reviewed. • They have concerns about the ground water. Debbie Hurlburt questioned that if they are testing for lead why not test for arsenic as well. Mr. Thompson asked the Commission to consider what is before them, noting that the request is to determine if they should do an NOI . Debbie Hurlburt noted that the wort:is on a coastal beach, a river front and a B VNV. Abby Burns questioned why they are not taking deeper samples. Linda Higgins addressed the Conmtission and stated that the Marblehead Conservation Commission issued them a Negative Determination noting that there is not too much water on the Marblehead portion. • Nednesday,January 30,2002 11:08 AM To:Don Cefelo From:Eileen Sacco,976-7451976 Page:3 of S • Flora Denhara of Robert Road in Marblehead addressed the Commission and expressed her concerns about the testing and people walking through there. Jim Heidevich of Marblehead referred to a letter form Councillor Joe O'Keefe requesting that no action be taken by the Commission until an EIR has been submitted. Michael Allen stated that Ire is not in favor of approving this until the reports have been received. Mr. Thompson stated that the Commission could make that a condition of approval. Debbie Hurlburt questioned whether a condition of the previous approval was that the Commission would receive the report of the sampling. Laura Rome suggested that the Commission could approve this with the condition that the work cannot proceed until the sampling reports are given to the Commission. Karen Fabis7ewski notad that this process is fairly benign and questioned if this information is going to be enough to get finther in the process. She noted that she would also like to see a response to the neighbors concerns. Debbie Hurlburt noted that a Notice of Intent for the project has been received by the Commission and noted that the Commission would have been no where near ready to approve this without certain information. • There being no further questions or comments regarding this matter, a motion was made by Kevin Cornacchio to issue a Negative Determination 2, with the condition that prior to the commencement of any of the testing, the results from the previous testing be received by the Commission, seconded by Abby Burns and approved (6-1) with Debbie Hurlburt opposed. Mr. Thompson presented an agreement that required the signature of the Chairnnan of the Conservation Commission for the Site Access Agreement. Kevin Cornacchio move to authorize the Chairwoman to sign the agreement, seconded by Joe Furnari and approved (7-0). Public Hearing —Notice oflntent— Ledgewood Hills Realty Trust—Paul DiBiase — Construction of Roadway expansion, three single familv homes storm water management structures, utilities and associated grading at 17-21 Parlee Street Atty. Toni Beatrice addressed the Commission and introduced John Dick of Hancock Environmental to explain the plan. Mr. Dick explained that the three lots are in the buffer zone as isthe storm water basin. He noted that the plan shows five houses but only three are in the buffer zone. He explained that they are building the roadway across the frontage of 10 lots for the purpose of developing 5 of the lots at this tine. • Nednesday,January30.2002 11:08 AM To:Don Cefalo From:Eileen Sacco,978-745-1976 Page:4 of 5 • Mr. Dick stated that they would like to continue the matter to Januar- 10, 2002 but they would entertain questions this evening. Debbie Hurlburt suggested that the applicant should revoke this plan and start over with a complete tiling. Mr. Dick noted that they are going to the Planning Board nest week. Debbie Hurlburt stated that the Planning Board should be finished with their review of the plan before the Commission reviews it. Kevin Cornacchio noted lot 97A and the location of the pond behind the house. Mr. Dick slated that the house would be more than 100 feet from the pond. Abby Burns suggested that the Commission should visit the site. Debbie Hurlburt stated that she would like them to submit a new plan. Debbie Hurlburt opened the hearing up for public comment at this time. Diane Redican addressed the Commission and noted that they have been to two Planning Board meetings regarding this matter. • Ed Polchek of Freeman Road addressed the Commission and showed photos of flooding in 1983. He noted that he is concerned that road and the houses will increase the flooding on his property. Debbie Hurlburt asked if the Planning Board has requested a study of the runoff in the water shed. Don Cefalo explained that the applicant had originally filed a Form B with the Planning Board and no action was taken. They have now filed a full filing and the Planning Board will be opening that next week, so they have not had a chance to ask for additional information. Bob James addressed the Commission and asked who would be responsible to maintain the proposed pump house. Mr. Dick explained that the neighborhood would be responsible to maintain it. Margaret Graffirm of 13 Parlee Street addressed the Commission and expressed her concerns about flooding. Debbie Hurlburt asked the applicant to provide a study of the water shed. Ray Hamilton of Parlee Street addressed the Cormmission and requested information on how deep the detention pond would be. . Wednesday,January 30,2002 11:08 AM To:Don Cefelo From:Eileen Sacco,978-705-1976 Page:5 of 5 • Bob Julien of 9 Parlee Street addressed the Commission and asked who would be responsible for cleaning the detention basin if the detention pond deteriorates. Debbie Hurlburt stated that generally if the pond is on dwelling property it would be stated in the deed and would be the owners responsibility. Kathy Jennings addressed the Commission and questioned why meetings are being held if they are not providing the information requested. Mary Butler of Valley Street addressed the Commission and stated that she agrees that a study should be done on the water shed, noting that there is a lot of ledge in that area. Brian Butler of Valley Street addressed the Commission and stated that there are a lot of unknown wetlands in the area and the Commission should visit the site. There being no further questions or contents regarding this project this evening, a motion was made by Abby Burns to continue the public hearing to January 10, 2002, seconded by Michael Allen and approved unanimously. Old New Business Debbie Hurlburt gave the Commission members a copy of the new Beverly Wetlands Ordinance. • Discussion on Forest River Conservation Area Laura Rome suggested that the Commission send a letter to Dr. Vorgeas asking him not use Conservation Commission stationary. Joe Fumari suggested that a draft of the letter be sent to the Commission for approval. Laura Rome moved to send a letter to Dr. Vorgeas asking hum not use Conservation Commission stationary and that a draft of the letter be sent to the Commission for approval seconded by Joe Fumari and approved 6-1 with Michael Allen opposed. There being no tirrther business to come before the Conservation Commission at this meeting, a motion was made by Kevin Cornacchio to adjourn the meeting, seconded by Michael Allen and approved unanimously. The meeting was adjourned at 9:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC121301 • i y4g�P(ION r:pA'�i o Conservation Commission Salem, Massachusetts 01970 �"tASSAr, NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled to be held on Thursday, December 27, 2001, at 7:00 PM in the Room 313, Third Floor at 120 Washington Street has been canceled. The next regular Conservation Commission meeting will be held on Thursday, January 10, 2002. Debra A. Hurlburt • Chairperson