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2003-CONSERVATION COMMISSION i Q C� S ,PgJON COAT o Conservation Conuni%ion Salem, Massachusetts 01970 nfassACHJS� You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meetings for 2003 at 7:00 PM, in Room 313, Third Floor at 120 Washington Street. Kevin P. Cornacchio Chairman .*Thursday, January 9, 2003 ✓Thursday, September 11, 2003 jThursday, January 23, 2003 4hursday, September 25, 2003 �fFhursday, February 13, 2003 Thursday, October 9, 2003Q ,Thursday, February 27, 2003 Ahursday, October 23, 2003 JFhursday, March 13, 2003 /Thursday, November 13, 2003 Ahursday, March 27, 2003 'Thursday, April 10, 2003 -,Thursday, December 11, 2003 Ahursday, April 24, 2003 -Thursday, May 8, 2003 ✓Thursday, May 22, 2003 ✓Fhursday, June 12, 2003 ✓Thursday, June 26, 2003 OrThursday, July 10, 2003, Thursday, July 24, 200B • August - No Meetings �00N r.rj �4, bar e e Conserva on ssion Salem, Massachusetts 01970 �'1�A.SSAGtN Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, January 9, 2003 at 7:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Approval of Minutes— 12/12/02 2. Continuation - Public Hearing—Notice of Intent - Gabriel P. Rossi, Jr., Tr. G &M Realty • Trust c/o O'Rourke Brothers, 73 North Street, Salem, MA. The purpose of the hearing is to discuss the construction of approximately 720 square foot storage building addition to an existing commercial building at 73 North Salem Street. 3. Continuation -Public Hearing—Notice of Intent-Beverly Co-operative Bank, c/o William Howard, 254 Cabot Street, Beverly, MA 01915. The purpose of the hearing is to discuss the construction of a drive thru bank facility, driveway, parking area and associated landscaping at 315 Derby/ 89 Lafayette Street. 4. Request for a Certificate of Compliance - DEP File#64-332, USGen New England, Inc. Salem Harbor Station, Salem, requests a certificate for the completion of work associated with the maintenance dredging within the turning basin and adjacent to the intake structure at the Salem Harbor Station. 5. Public Hearing- Request for a Determination of Applicability - Foster Court LLC, c/o Dave Zalaoga and Dick Jones, 733 Turnpike Street,North Andover, MA. The purpose of the hearing is for a determination of whether the property at 5 Foster Court is subject to the jurisdiction of the Wetlands Protection Act. 6. Public Hearing - Notice of Intent- Charles R. and Kathy O'Connell, 116 Leach Street, Salem, MA. The purpose of the hearing is to discuss the construction of an addition to and existing • single family house at 116 - 118 Leach Street. The new addition will have a building footprint of approximately 1,120 sq. ft. In addition, the proposed addition will include a deck, driveway and garage. 7. Old/New Business 4 Salem Conservation Commission • Minutes of Meeting Thursday, January 9; 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, January 9, 2003 at 7:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were; Chairman Kevin Cornacchio, Michael Allen, Abby Burns, David Pabich, and Joe Furnari. Karen Fabiszewski was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meeting of December 12, 2002 were presented for approval. Michael Allen moved approval, seconded by Abby Burns and approved (5-0). Continuation of Public Hearing —Notice. of Intent — O'Rourke. Brothers Inc. — 73 North Street — Construction of Addition to an existing commercial building John Dick of Hancock Environmental addressed the Commission and noted that they had staked the location of the proposed addition as requested by the Commission for a site visit. Kevin Cornacchio asked if the members of the Commission had any questions. Kevin Cornacchio asked if the chain link fence along the river would remain. Mr. Dick stated • that they would not be touching that because they don't own that parcel. Kevin Comacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. Don Cefalo reported that the Commission has received a letter of support for the project from Ward Six Councillor Michael Bencal. The letter was received and placed in the file. There being no further questions or comments regarding the matter, a motion was made by Michael Allen to close the public hearing, seconded by Abby Bums and approved (5-0). David Pabich moved to issue an Order of Conditions for the application as submitted, seconded by Michael Allen and approved (5-0). The Commission issued standard boilerplate conditions for the project. It was noted that the Planning Department does not have the DEP file number for the project. John Dick will look into that and see that the Planning Department gets the file number. Continuation of Public Hearing—Notice of Intent— Beverly Cooperative Bank — Construction of a drive through banking facility. driveway, parking area and associated landscaping at 315 Derby Street/899 Lafayette Street Attorney George Atkins addressed the Commission and reported that they have been talking with other city boards during their permit process and very few changes have been made to the plan. • 1 Attu. Atkins reviewed the plans with the Commission. He explained that they have added • concrete pavers; that will allow grass to grow and they can be driven on. Atty. Atkins also reported that they have added a wheel chair ramp to provide handicap access. The also noted that they have widened that sidewalk; and added additional lighting fixtures to add foot candle lighting to the site. Ally. Atkins also explained that they have added vertical granite curbing to the back of the site at the request of the Planning Board. Kevin Cornacchio asked if they could locate the snow storage areas on the plan. Atty. Atkins located the areas designated for snow storage on the plan and noted that the Planning Board would ask for additional locations if needed. Kevin Cornacchio asked if there would a trash dumpster on the site. Atty. Atkins stated that all trash storage areas would be inside the building and there would be no outside of trash. Kevin Cornacchio 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 this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved (5-0). Michael Allen moved to issue an Order of Conditions for the project seconded by David Pabich and approved (5-0). The Commission issued standard conditions for the project. • Request for Certificate of Compliance—DEP File#64-332 —U S Gen New England Inc Salem Harbor Station —Request for Certificate of Completion for work associated with the maintenance dredging within the turning basin and adjacent to the intake structure at the Salem Harbor Station Chairman Kevin Cornacchio recused himself from discussion of this matter. Vice Chairman Joe Fumari assumed the chair. Joe Furnari read a letter from the engineer requesting a Certificate of Compliance for the work completed at the Salem Harbor Station. Ernest Greer, an Engineer for PG&E addressed the Commission and explained the project and noted that the project was completed as approved by the Commission. Michael Allen asked how one would know that the dredging was completed. Mr. Greer stated that a registered hydrologist stamps the plan, certifying that the work was complete. There being no further questions or comments regarding this matter a motion was made by Abby Burns to issue a Certificate of Compliance; seconded by David Pabich and approved (5-0). • 2 Public Hearing — Request for Determination of Applicability — Foster Court LLC — 5 Foster • Court — Determination of whether the property is subject to the iurisdiction of the Wetlands Protection Act Dr. Hugh Mulligan from Gulf of Maine explained that in September of 1999 a negative determination was issued for the site and explained the location of the property. He noted that the buildings on the site were demolished and the ditch was partially filled in, and a shallow drainage swale was installed. Dr. Mulligan noted that he evaluated the site to look for vegetation and there are none on the site. He also noted that the existing site conditions do not meet the definition of a stream under the Wetlands Protection Act. Kevin Cornacchio asked if they looked at the USGS maps in their evaluation. Dr. Mulligan stated that they looked at the site and observed it to come to their findings. Kevin Cornacchio stated that he visited the site and a neighbor who has lived there for many years recalls that there were springs there and they still flow all year and never dry out. He suggested that it could be fed from an underground stream. Dr. Mulligan stated the ditch is built into a bulkhead. David Pabich asked if they know definitely where the drainage goes. Dr. Mulligan stated that there is no evidence of existing wetlands as they are not shown on the USGS maps. Kevin Cornacchio read a letter from Ward Six Councillor Michael Bencal which noted that there is an underground stream that starts in Peabody, and he is concerned about possible flooding in the area. • Dr. Mulligan noted that the site was filled in the late 1800's. He also explained that there is typically a residual flow in the ditch at this time of year. He noted that they plans will improve the situation. David Pabich referred to the drainage and questioned if there is habitat within 120 feet, noting that the pond may still be fed from the high ground water table. Kevin Cornacchio 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 this matter a motion was made by Abby Burns to close the public hearing, seconded by Michael Allen and approved (5-0). David Pabich moved to issue a Negative Determination 1 that the property is land not within a resource area; seconded by Joe Fumari and approved (5-0). Public Hearing — Notice of Intent — Charles and Kathy O'Connell — 116 Leach Street Salem — Construction of an addition to a single family home approximately 1,120 s f with a deck driveway and garage Joseph Orzell addressed the Commission and stated that they are familiar with the property and have issued a recent Order of Conditions for the site. He explained the new plans that the applicant has submitted. He noted that the work will not impose on the coastal bank. • 3 Mr. O'Connell addressed the Commission and explained that he has removed the cabana that was • on his propem, in consideration of his neighbors concerns. He explained his plans to have an apanmem above the proposed garage and noted the schematics of the roof drains. Kevin Comacchio asked where the drainage from the roof drains goes now. Mr. O'Connell explained that he has no gutters at the present and he has a slate roof. David Pabich questioned what kind of wave action occurs during big storms. Mr. O'Connell explained and referred to the corner indicated on the plan near the Gillespie property. He noted that in a nor easter storm drains are useless. Kevin Comacchio opened the hearing up for public comment at this time. Mike Cook of 105 Leach Street addressed the Commission and noted that in the most recent storm a fair amount of sand and stones were thrown into the street over the public right of way. There being no further questions or comments regarding this matter, a motion was made by Abby Bums to close the public hearing, seconded by Michael Allen and approved (5-0). Michael Allen moved to issue an Order of Conditions, seconded by Abby Burns and approved (5-0). The Commission issued standard conditions and special conditions as follows: Crushed stone shall be used in the driveway and nothing shall be substituted. • Hay bales and a silt fence shall be installed. David Pabich suggested that they cover the catch basins during construction and cautioned that they should be uncovered at night. Old/New Business Continuation of Public Hearing — Notice of Intent — Glover Estates 485 Lafayette Street remediation of lead contaminated soil and sediment located on the site. Kevin Cornacchio read a letter from the applicant requesting a continuation of the public hearing to March 27, 2003. Motion was made by Abby Bums to continue the public hearing to March 27, 2003, seconded by Joe Fumari and approved (5-0). Kevin Comacchio reported that there are trailers parked in the buffer zone at McCabe Park that are being use for the construction of the pipe line. Don Cefalo will investigate and report back to the Commission. • 4 There. being no further business to come before.the Conservation Commission at this meeting, a • motion was made by David Pabich to adjourn the meeting; seconded by Joe Furnari and approved unanimously. The meeting was adjourned at 8:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC010903 • l s y4g4P.110N(.g Conservation Conuni%ion Salem, Massachusetts 01970 'NSSAGaJS�. NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled to be held on Thursday, January 23, 2003, at 7:00 PM in the Room 313, Third Floor at 120 Washington Street has been cancelled. The next regular Conservation Commission meeting will be held on Thursday, February 13, 2003. Kevin Cornacchio • Chairman 0 _r Conservabon Conunission •.{� Salem; Massachusetts 01970 '"ASSAU . Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 13, 2003 at 7:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Approval of Minutes—01/09/03 • 2. Amendment - Order of Conditions - DEP File #64 - 339, JG&G Realty Trust, Julianna Tache, Trustee, 208 Derby Street, MA 01970. The purpose of the hearing is to discuss proposed amendments to a previously approved Notice of Intent for the construction of a single-family dwelling, driveway, utilities, grading and landscaping at 12 Buena Vista Avenue. 3. Old/New Business 1 !' K Salem Conservation Commission • Minutes of Meeting Thursday, February 13, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, February 13, 2003 at 7:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were, Chairman Kevin Cornacchio, Michael Allen, Abby Bums, David Pabich, Karen Fabiszewski and Joe Furnari were absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meeting of January 9, 2003 were presented for approval. Michael Allen moved approval, seconded by Abby Bums and approved. Amendment of Order of Conditions — DEP File # 64-339. JG&G Realty Trust— 12 Buena Vista Avenue Arty. Scott Grover addressed the Commission and explained that the Conservation Commission issued an Order of Conditions for the property at 12 Buena Vista Avenue in September. He noted that the proposed owner would like to amend the plan and build it a little differently than the approved plan. The applicant wishes to build a single family home, driveway, with utilities and grading and landscaping. lie explained that the footprint of the house would change slightly and • noted that they have adhered to the"no cut, no disturb zone" 25 feet from the resource area as per the existing Order of Conditions. Mr. Hung addressed the Commission and explained his reasons for wanting to build on this property and noted that lie has lived in Salem for twenty years and he would like a bigger home for his family. Abby Burns asked if the applicant was aware that no filling could be done in the rear of the property. Any. Grover stated that the applicant understands the Order of Conditions and noted that the restriction was recorded on the deed for the property. David Pabich addressed the applicant and noted that it was good for the Commission to meet with a potential owner and be able to explain the restrictions on filling and the "no cut, no disturb zone". Kevin Cornacchio asked if there was anyone present who wished to speak on this matter. There was no one present who wished to comment on this application. There being no further questions or comments regarding this matter a motion was made by Abby Burns to close the public hearing, seconded by Michael Allen and approved. The Commission reviewed the existing Order of Conditions. David Pabich suggested that the Commission issue the standard Order of Conditions with the deed restriction. • Michael Allen moved to amend the Order of Conditions 64-339 for 12 Buena Vista Avenue, seconded by Abby Burns and approved. J Old/New Business • Kevin Cornacchio received a letter from Dr. Milt Vorgeas, notifying the Commission that the work that has been approved for the Forest River Conservation Area would continue this spring. Don Cefalo will send Dr. Vorgeas a letter notifying him that the project is still on hold pending authorization. There being no further business to come before the Conservation Commission at this meeting a motion was made by David Pabich to adjourn the meeting, seconded by Michael Allen and approved. The meeting was adjourned at 8:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CCO21303 • • . JON Cp, n; Conservation (commission • �� F• Salem, Massachusetts 01970 ;lfASSAL\lv Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 27, 2003 at 7:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Approval of Minutes—02/13/03 2. Public Hearing- Request for Determination of Applicability—Robert T. Lutz, 92 Ome • Street, Salem, MA. The purpose of the hearing is for a determination of work related to the installation of 20 foot by 40 foot in ground pool with associated concrete patio and fence at 92 Ome Street. 3. Public Hearing-Notice of Intent- Massachusetts State College Building Authority, 136 Lincoln Street, Boston, MA 02111. The purpose of the hearing is to discuss the demolition of three existing warehouses with an approximate total footprint of 217,000 square feet and the construction of a new 77-unit college residence with an approximate total footprint of 43,000 square feet at 71 Luring Avenue. In addition, the proposed project will also include an upgrade to the existing storm water management system and parking area. 4. Old/New Business • Salem Conservation Commission • Minutes of Meeting Thursday, February 27, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, February 13, 2003 at 7:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were, Chairman Kevin Comacchio, Joseph Furnari, Michael Allen, Abby Burns, and David Pabich, Karen Fabiszewski was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meeting of February 13, 2003 were presented for approval. Abby Bums moved approval, seconded by Michael Allen and approved. Public Hearing— Request for Determination of Applicability— Robert T Lutts— 92 Ome Street Salem MA.— Robert Lutts addressed the Commission and explained his request for a Determination of Applicability of work related to the installation of a 20 X 40 foot in ground swimming pool with associated concrete patio on his property at 92 Ome Street. Mr. Lutts explained that his property is high above the water and showed photographs of the area. • He explained that he has hired Wendell Holmes of Waltham to install the pool and he estimates that the area for the pool is 150 feet from the mean high water mark. Kevin Comacchio asked where they plan to store stockpile material excavated for the pool. Mr. Lutts stated that a great deal of the excavated material will be used to re-grade the site and the rest would be disposed of off site. Abby Burns expressed concern about the chlorine getting into the resource area when the pool is drained for maintenance. Mr. Lutts stated that there are filter systems that are recommended for this type of situation. David Pabich stated that he has no problem with the plan, noting that there is significant upland there. Kevin Comacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Abby Burns moved to close the public hearing, seconded by Michael Allen and approved. Abby Bums moved to issue a Negative Determination 2, with the conditions that hay bales and silt fences be maintained through out the project, and that the filter for the pool be as recommended to protect the resources area from the chlorine, seconded by Joe Fumari and approved unanimously. • Public Hearing -Notice of Intent—Massachusetts State College Building Authority- 136 Lincoln Street, Boston, MA. — Demolition of three existing warehouses and the construction of a new 77 unit- college residence and upgrade of existing storm water management system and parking area • for Salem State College. Stan Cahill of Salem State College addressed the Commission and explained that the college has a need for additional undergraduate housing bring more students to the campus. He stressed that they are not wishing to increase enrollment in the school which is 4,700 — 5000 students. He described the new residence as a 450 bed facility which would house 6 person apartments. He noted that the building would have two graduate assistants and would also contain two faculty apartments to supervise the students. He introduced the project team and asked that Mr. Mike Howard address the Commission and explain the plans for the Commission. Mr. Howard, Senior Wetlands Specialist for the project explained the plans to the Commission. He noted that they have received their DEP file number and the only comment DEP had was to make some changes to the stormwater management system to increase Best Management Practices. Mr. Howard noted that the site is the former GTE Sylvania property. He noted the locations on the plan of the river front area, the coastal bank, and land subject to coastal flooding. Mr. Howard explained that the demolition of the warehouses will include the removal and disposal of asbestos, lead paint and light fixtures. Petroleum contaminated soils will also be mitigated and removed. He noted that Haley and Aldrich would be on the site for the demolition overseeing the project. He also noted that they would be removing pavement and utilities from • the 100 foot buffer zone. Mr. Howard noted that the proposed residence would be 43,000 s.f. and located further from the resource area. He also explained that the buffer zone post construction would be restored to native meadow grasses. Mr. Howard reported that the stormwater management of the site will be brought into compliance and will be brought up to DEP regulations. They will be replacing the shallow sumps with deep sumps and a vortex unit. He explained that post construction the impervious surface of the site would be reduced from 16 acres to 13 acres. He also noted that they have a detailed operations and maintenance plan for the site. Mr. Howard reviewed the mitigation measures to be used during construction. Hay bales and a silt fence will be installed and he explained the where the chain link fence will be removed after construction. Mr. Howard noted that the de - watering protocol is included in the plans. He estimated that the demolition would take 2-4 months and the construction be completed in the fall of 2004. Ward Seven Councillor Joseph O'Keefe addressed the Commission and noted that he has attended many meetings on this proposal and noted that he is concerned about fire access. He noted that he has suggested to the college that they move the building away from Raymond Road. He also expressed concern that the trees were too close to Rosies Pond and suggested evergreen trees be planted to buffer the neighbors from the view of the building. He also suggested that they • use grass pavers which the vehicles can drive over for the access road. • Councillor O'Keefe suggested that the Commission have a site visit when the snow is gone to see the area. Doug Kous addressed the Commission and stated that he has met with Councillor O'Keefe and they have moved the building. He noted that the original design has been moved 35 feet. He noted that the distance is now 45 feet to the edge of the bike path. He also showed the Commission photographs taken from Raymond Road between the houses and superimposed the proposed building to show the elevations. Mr. Kous stated that the turf blocks or grass pavers need to be approved by the fire department. Kevin Comacchio asked if there was any chance of increasing the flooding on Loring Avenue. Mr. Kous stated that the ocean could not be displaced and the land subject to coastal storm flowage would flood in a 100 year storm, but the project should not increase that. David Pabich referred to the SW portion of the site and the removal of the impervious surface and noted that there was an area there that was stockpiled with glass etc. Mr. Howard stated that it has been removed from the site. Mr. Howard noted that they would use watering trucks for dust control during construction. He also noted that the stormwater management system would be phased in during construction. Kevin Comacchio opened the hearing up for Public Comment at this time. He asked that the audience keep their comments to those under the jurisdiction of the Conservation Commission. • Kick Nocholopoulos owner of 95 Loring Avenue addressed the Commission and suggested that if the proposed fence is wood it could be subject to graffiti etc. and suggested that a mesh fence would be more practical. Bob Doward of 27 Raymond Road addressed the Commission and expressed his concerns about dust control. Dan Welch of 143 Loring Avenue addressed the Commission and reviewed the history of the property. He noted that a Certificate of Compliance has not been issued for the may 1992 Order of Conditions for the site. He noted that there was a ten - year condition on the vegetation on the site and it is still not up to what the Commission approved. Kevin Comacchio stated that the Commission would look into the 1993 Order of Conditions. Mr. Welch also noted that Salem Sound 2000 has made strong recommendations of land use in the Forest River and noted that an enormous increase in land use will impact the Forest River. Marie Abramo of 30 Raymond Road addressed the Commission and expressed her concerns about rodent control during construction. There being no further questions or comments this evening a motion was made by Abby Burns to continue the public hearing to March 13, 2003, seconded by Michael Allen and approved. • The Commission scheduled a site visit for March 13, 2003 at 4:00 p.m. t There being no further business to come before the Conservation Commission this evening a motion was made by Joseph Furnari to adjourn the meeting, seconded by Abby Burns and approved. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CCO22703 L • 4 -`NON(.0 Consemdon Commission \ Salem, Massachusetts 01970 71 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, March 13, 2003 at 7:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Approval of Minutes—02/27/03 2. Public Hearing—Notice of Intent—New England Power Co. (a National Grid Company), 25 • Research Drive, Westborough, MA. The purpose of the hearing is to discuss the installation of a new Air Break Switch structure within the existing right-of-way adjacent to Waite Street. 3. Continuation - Public Hearing-Notice of Intent-Massachusetts State College Building Authority, 136 Lincoln Street, Boston, MA 02111. The purpose of the hearing is to discuss the demolition of three existing warehouses with an approximate total footprint of 217,000 square feet and the construction of a new 77-unit college residence with an approximate total footprint of 43,000 square feet at 71 Luring Avenue. In addition, the proposed project will also include an upgrade to the existing storm water management system and parking area. 4. Old/New Business • Salem Conservation Commission • Minutes of Meeting Thursday, March 13, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, February 13, 2003 at 7:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were, Chairman Kevin Comacchio, Joseph Fumari, Michael Allen, Abby Bums, and David Pabich, Karen Fabiszewski was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meeting of February 27, 2003 were presented for approval. Michael Allen moved approval, seconded by Abby Bums and approved. Public Hearing — Notice of Intent — New England Power Co — (A National Grid Company) 25 Research Drive— Westborough MA—The purpose of the hearing is to discuss the installation of a new Air Break Switch structure within the existing right of way adjacent to Waite Street Steve Damiano, Senior Project Engineer for TRC addressed the Commission and explained the project. He explained that NEPCO is proposing to install a new Air Break Switch structure within the existing C-155S Transmission Line at the location off of Waite Street. He noted that an H-frame Air Break structure is required in order of accommodate electrical switching needs. • NEPCO is proposing to locate this structure approximately 40 feet east of the existing tower, within the transmission line right-of-way located on the NEPCO/Massachusetts Electric Company property. Mr. Damiano further explained that in order to construct the proposed caisson foundations for the switch structure, there will be unavoidable temporary alterations, and a small amount of permanent fill in the BVW. He explained that an excavator mounted clamshell will be used to excavate a large hole for placement of a culvert casing approximately six feet in diameter to form a concrete foundation. A 12 X 12.5 foot gravel covered grounding mat will be installed as part of the proposed switch structure. In addition, the existing 110 ft. unpaved access to the structure, located mostly in the buffer zone will be improved by adding permanent crushed stone on the access which is approximately 10 feet wide. Mr. Damiano explained the resource delineation on the plans with the Commission. Kevin Comacchio suggested that the Commission visit the site. David Pabich stated that he was comfortable with the plan and noted that the photos of the area show fragmites. He asked to have the access road located on the plan. Mr. Damiano explained the location of the access road. Kevin Comacchio opened the hearing up for Public Comment at this time. There was no one present who wished to comment on this application. There being no further questions or comments regarding this matter, Abby Burns moved to close the public hearing, seconded by Michael Allen and approved. • 1 Joe Fumari moved to issue an order of conditions for the project, seconded by David Pabich and • approved. The Commission issued standard boiler plate conditions for this project. Continuation of Public Hearing - Notice of Intent — Massachusetts State College Building Authority- 136 Lincoln Street, Boston. MA. — Demolition of three existing warehousesand the construction of a new 77 unit- college residence and upgrade of existing storm water management system and parking area for Salem State College Kevin Cornacchio recognized Ward Seven Councillor Joseph O'Keefe and invited him to address the Commission. Councillor O'Keefe declined to comment at this time, noting that he would prefer to hear the presentation first. He also noted that he would have to leave the meeting at some point to go back to the City Council meeting. Mike Howard addressed the Commission and stated that they had no formal presentation but were prepared to address the issues raised at the last meeting. He noted that the Commission held a site visit this evening and asked if there were any comments from the Commission. David Pabich noted his concern about the construction debris pile up potential. Councillor O'Keefe addressed the Commission and thanked them for attending the site visit. He also noted that Salem State has been very cooperative with the neighbors on this plan. He also expressed his concern that some sort of fence should be appropriate near the salt marsh. He stated that the area should be contained so that students will not use that as a cut through. • Kevin Cornacchio stated that the issue of the fence could be addressed later if there is a need for it. He suggested that the college provide the Commission with periodic reports and look at that area again at a later time. Abby Burns stated that she did not feel that a four foot fence would not do anything for the assumed bottles and trash. Mr. Howard stated that there would be no external trash in the area. He also suggested that they could maintain and restore the fence along Monroe Road and that would satisfy the neighbors. Councillor O'Keefe questioned the location of the underground storage tank on the site. Mr. Howard stated that the location of the tank is 300 feet from the buffer zone and not in the jurisdiction of this application. Kevin Comacchio opened the hearing up for public comment at this time. Brian King of Lynn, a parent of students in the nearby Greenhouse School addressed the Commission and stated that there were six existing underground fuel tanks on the GTE site when it was sold to Salem State College. Kevin Cornacchio stated that he would like documentation of the location of all of the underground storage tanks on the site. He also stated that he would like to have that as a condition in the Order of Conditions. • 2 i Mrs. Welch addressed the Commission and stated that she is concerned about the trash and she • wanted to keep kids safe. Stan Cahill of Salem State College addressed the Commission and stated that the new residence hall would be well supervised and maintained. The Commission reviewed proposed draft conditions for the project. Councillor O'Keefe requested that the Commission include a condition that the Salem Fire Department would maintain a fire watch during demolition of the buildings at the expense of Salem State College. Stan Cahill stated that the College would agree to that if the Fire Department feels that it is necessary. After discussion of the matter proposed language for the condition was decided to read that "the Fire Department shall maintain a fire watch during the demolition of the warehouses at the expense of Salem State College and at the discretion of the Salem Fire Department." There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing. The Commission discussed the Order of Conditions and the following special conditions for the project: • If there are complaints of trash or students crossing the area, Salem State College shall agree to install a fence after a review by the Conservation Commission. The Fire Department shall maintain a fire watch during the demolition of the warehouses at the expense of Salem State College and at the discretion of the Salem Fire Department. All underground storage tanks shall be identified on the site and removed. Joe Fumari moved to approve the Order of Conditions for Salem State College, seconded by David Pabich and approved. David Pabich complimented the applicant on the design of the project and noted it was a fantastic improvement and Salem State College should be commended. 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 Abby Bums and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission • CC031303 3 Corlul'ission, Salem, Massachusetts 01970 S.. f14S5 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, March 27, 2003 at 7:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Approval of Minutes—03/13/03 2. Public Hearing—Request for a Determination of Applicability — Saint Mary's Cemetery, • 175 Broadway, Malden, MA 02148. The purpose of the hearing is for a determination of work related to the removal of debris currently located adjacent to and within a Bordering Vegetated Wetland at 226 North Street (Saint Mary's Cemetery). In addition, a fence will be constructed . to prevent further dumpling within this area. 3. Old/New Business a. Request for Continuance—Glover Estates Salem Conservation Commission • Minutes of Meeting Thursday, March 27, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, March 27, 2003 at 7:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were, Chairman Kevin Comacchio, Joseph Fumari, Michael Allen, Abby Burns, and David Pabich,Karen Fabiszewski was absent: Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the meeting of March 13, 2003 were presented for approval. Michael Allen moved approval as amended seconded by Abby Burns and approved. Public Hearing — Request for a Determination of Applicability — St Mary's Cemetery — 226 North Street, Salem, MA. — Removal of Debris Adiacent to and within a Bordering Vegetated Wetland Michael DeRosa of DeRosa Environmental Consulting Inc., addressed the Commission and explained the request for a Determination of Applicability for St. Mary's Cemetery, 226 North Street, Salem, MA. Mr. DeRosa explained that the project includes the removal of debris in two areas as well as the installation of a fence to prevent further illegal dumping in that area. He • explained that portions of the debris piles are located in the Bordering Vegetated Wetland, as well as the 100 foot buffer zone. He explained that they propose to remove the debris within these areas by hand and with small machinery. He also noted that they would be stockpiling the debris outside of the BVW and the buffer zone for proper disposal to a licensed facility. Mr. DeRosa stated that they do not anticipate the need to bring in additional fill or loam and the restoration area will be graded to blend with the surrounding area. He noted that all disturbed areas will be seeded with a native wildflower mix to establish a dense vegetated buffer to the down gradient wetland area. He also noted that a wetland scientist would be present during the restoration and will provide guidance during the project. Mr. DeRosa reviewed the history of the property and noted that about 50 years ago the cemetery underwent renovations and granite steps and posts were removed. He explained that the large pieces of granite were deposited along the border of the cemetery and showed the location in photographs. He explained that they are proposing to leave the granite blocks in place within the BVW and the buffer zone. He noted that overtime the area has become a habitat for wildlife as a breeding areas for small birds and small mammals. He also noted that to remove the material and the trees, which have grown over the years would result in extensive damage to the resource area, which functions to provide wildlife habitat value to the area. Kevin Comacchio noted that he felt that this was a good project. Abby Burns agreed noted that it would be a great improvement to the area. Kevin Comacchio opened the hearing up for public comment at this time. There was no one • present who wished to speak on the matter. w There being no further questions or comments from the Commission, a motion was made by Joe • Fumari to close the public hearing, seconded by Abby Bums and approved unanimously. Mike Allen moved to issue a Negative 3 Determination that the work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Wetlands Protection Act, and therefore, does not require the filing of a Notice of Intent, seconded by David Pabich and approved unanimously. Request for Continuation of Public Hearing—Glover Estates Don Cefalo reported that Glover Estates has requested a continuation of the public hearing to June 26, 2003. Abby Bums moved approval, seconded by Mike Allen and approved unanimously. Conservation Commission Meeting Time Don Cefalo reported that the Commission has been invited to a City Council meeting regarding the issue of the time of the meetings of the Conservation Commission. Kevin Comacchio noted that the Commission had decided to change their meeting time to 6:00 p.m. so that City Councillors could attend meetings and not conflict with City Council meeting times. He also noted that the Commission delayed changing the time until a new member was appointed since it would have been difficult for Karen Fabiszewski to make a 6:00 p.m. on time. David Pabich stated that he felt that if the Commission started meeting at 6:00 p.m. and established that time, it would be known to those interested in serving on the Commission before • they are appointed. Mike Allen moved to change the meeting time for the Conservation Commission to 6:00 p.m. effective at the next scheduled meeting, April 10, 2003, seconded by Joe Fumari 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 Abby Bums and approved. The meeting was adjourned at 7:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC032703 • c� Salem, Massachusetts 01970 . • Rif°,,� AMENDED You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meetings for 2003 at 6:00 PM, in Room 313, Third Floor at 120 Washington Street. Kevin P. Comacchio Chairman Thursday,January 9, 2003 Thursday, September 11, 2003 Thursday, January 23, 2003 Thursday, September 25, 2003 Thursday,February 13, 2003 Thursday, October 9, 2003 • Thursday, February 27, 2003 Thursday, October 23, 2003 Thursday, March 13, 2003 Thursday,November 13, 2003 Thursday, March 27,2003 Thursday,April 10, 2003 Thursday, December 11,2003 Thursday,April 24,2003 Thursday, May 8,2003 Thursday, May 22,2003 Thursday,June 12,2003 Thursday, June 26,2003 Thursday, July 10,2003 Thursday, July 24,2003 • August- No Meetings rConservation Commission Salem, Massachusetts 01970 '11q tiSAL){v NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled to be held on Thursday, April 10, 2003, at 6:00 PM in the Room 313, Third Floor at 120 Washington Street has been cancelled. The next regular Conservation Commission meeting will be held on Thursday, April 24, 2003. • Kevin Cornacchio Chairman CITY OF SALEM CONSERVATION COMMISSION NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled to be held on Thursday, April 24, 2003, at 6:00 PM in the Room 313, Third Floor at 120 Washington Street has been cancelled. The next regular Conservation Commission meeting will be held on Thursday, May 8, 2003. • Kevin Comacchio Chairman 120 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM t �vP.(ION COf s "o Conse�tion C®mmi� ion Salem, Massachusetts 01970 "fASSAGNv Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, May 8, 2003 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Approval of Minutes —03/27/03 2. Public Hearing—Request for a Determination of Applicability—of David Pabich, 8 Harborview Terrace, Salem, MA. The purpose of the hearing is for a determination of work • related the construction of an 11-foot by 28-foot wooden deck off the existing single-family dwelling at 8 Harborview. 3. Public Hearing—Notice of Intent—USGen New England, Inc., 24 Fort Avenue, Salem, MA. The purpose of the hearing is to discuss the removal an oil tank and its associated secondary containment wall, installation of two concrete tie blocks and the construction of a wooden fender to the existing bulkhead at the Salem Harbor Station. 4. Old/New Business • • Salem Conservation Commission Minutes of Meeting Thursday, May 8,2003 A regular meeting of the Salem Conservation Commission was held on Thursday, May 8, 2003 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were, Chairman Kevin Comacchio, Joseph Fumari, Michael Allen, Abby Bums, and David Pabich, Karen Fabiszewski was absent. Also present were Conservation Administrator Don Cefalo. In the absence of Conservation Commission Clerk, Eileen Sacco, these proceedings were taped. AeProval of Minutes The minutes of the meeting of March 27, 2003 were presented for approval. Michael Allen moved approval as amended seconded by Abby Burns and approved. Public Hearing — Determination of Applicability — David Pabich 8 Harborview Terrace, Salem MA. David Pabich recused himself from discussion of this matter. David Pabich addressed the Commission and explained his request for a Determination of Applicability for the construction of an 11 foot by 28 foot wide wooden deck off the existing • single family dwelling located at 8 Harborview Terrace. He noted that the landing and footings would be in the buffer zone and there would be no stockpiling of soil on his property. Kevin Comacchio asked if he planned to use pressure treated wood. Mr. Pabich stated that the deck would be pressure treated. Kevin Comacchio cautioned about the care of the shavings from drilling and the buffer zone. Mr. Pabich agreed. Kevin Comacchio asked if they would be hand pouring the concrete or using a machine. Mr. Pabich explained how he planned to pour the concrete. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on this matter. There being no further questions or comments regarding this matter, a motion was made by Michael Allen to close the public hearing, seconded by Joe Fumari and approved. Michael Allen moved to issue a Negative 3 Determination that the work is in the buffer zone but will not alter a resource area, seconded by Abby Bums and approved. Public Hearing—Notice of Intent—USGen New England, Inc.—24 Fort Avenue, Salem, MA. David Pabich returned to the meeting at this time. Kevin Comacchio recused himself from • discussion of this matter and Joe Fumari assumed the chair. 1 • A representative of USGen New England addressed the Commission and explained their Notice of Intent, for the removal of an oil tank and its associated secondary containment wall and the installation of two concrete tie blocks and the construction of a wooden fender to an existing bulkhead at the Salem Harbor Station. He explained the plans and the location of the tank and the buffer zone and noted that they would be grading the area when the tank is removed. He also noted that there are no plansfor the area at this time, which is sometimes used as a staging area. He also showed photos of the area and the locations that will be worked in. He noted that the last photo was the wooden fender that they will attach to the bulkhead. He also noted that there are tie blocks proposed near the entrance bulkhead, which will be four feet high ten inches in diameter. David Pabich noted that the plan looks like the area to excavated looks like it is 9x9. Mr. ? explained the location on the plan. Mr. Pabich asked where the excavated material would be stored. Michael Allen asked what the time frame for the project would be. Mr. ? stated that they would complete it in a year with the removal of the tank this year and the installation of the tie blocks next year. David Pabich suggested....something about the hole and made a suggestion for a condition, (I think) which they agreed to....Don the tape was muffled at this point...please fill in the blanks here Joe Fumari opened up the hearing for public comment at this time...I think there was a comment • but I could not make out what they said..... There being no further comments or questions regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Bums and approved. David Pabich moved to issue an Order of Conditions for the project, seconded by Abby Bums and approved. Old/New Business Michael Allen informed the Commission about 13 acres of conservation land that was given to the Commission years ago and never deeded over to them. Don Cefalo reported that it came to light when the city auctioned off some property. He also noted that he has talked with City Councillor Joan Lovely about this and she is looking into it as well. Kevin Cornacchio explained that the Salem Harbor Station wants to do an Earth Day project and explained that they want to pull several carriages and other large items that are in the North River, near the Burnham property. The Commission discussed the possibility of the cleaning taking place in the south river near the proposed Harbor Walk. Kevin Cornacchio stated that he would check into cleaning that up this year and perhaps clean up the North River next year. Don Cefalo reported that Mr. Furnari and his workers removed the logs and Tom Philben has retrieved the equipment from Milt Vorges that belongs to the Conservation Commission. • 2 .t • There being no further business to come before the Conservation Commission this evening a motion was made by Abby Burns, seconded by Mr. Fumari to adjourn the meeting. The meeting was adjourned at 7:00 p.m. Respectfully submitted by: Eileen M. Sacco,Clerk Salem Conservation Commission CCO5080300000000 • • 3 ION C "g "a Conservation Commi%ion Salem, Massachusetts 01970 '11A,SSAGS� Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, May 22, 2003 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Approval of Minutes—05/08/03 2. Public Hearing—Request for a Determination of Applicability—Brandon & Lisa Alves, 10 Woodbury Court, Salem, MA 01970. The purpose of the hearing is for a determination of work • related to the construction of a 368 square-foot addition to the existing two family dwelling located at 10 Woodbury Court. 3. Public Hearing—Notice of Intent—Greenwood Residential Realty Trust, c/o Kathleen Thomas, 749 Lowell Street, Lynnfield, MA 01940. The purpose of the hearing is to discuss the construction of a single-family dwelling and associated earthwork at 20 Parlee Street. 4. Old/New Business • • Salem Conservation Commission Minutes of Meeting Thursday, May 23, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, May 23, 2003 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were, Chairman Kevin Cornacchio, Joseph Fumari, Michael Allen, Abby Bums, and David Pabich, Karen Fabiszewski was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Assistant City Planner Denise Sullivan addressed the Commission and reported that at the next meeting they would be reviewing the Salem Willows Project with a Request for a Determination of Applicability. City Councillor Joan Lovely addressed the Commission and reported that a meeting was held regarding the conservation land that was deeded to the Commission, by the State Department of Conservation and the deed was never recorded. Kevin Cornacchio stated that he had talked to Denise McClure regarding the matter. He suggested that the Commission vote on the matter so that the city can properly deed it to the Commission. Councillor Lovely explained that the parcel was discovered when the city put some property up for auction. Abby Burns moved to accept the parcel and keep it as open space, seconded by Joe Furnari and • approved. Approval of Minutes The minutes of the meeting of May 8, 2003 were presented for approval. Michael Allen moved approval as amended seconded by Abby Bums and approved. Public Hearing — Request for a Determination of Applicability — Brandon and Lisa Alves 10 Woodbury Court, Salem, MA. Brandon Alves addressed the Commission and explained his proposal for the construction of a 368 s.f. addition to the existing two family dwelling at 10 Woodbury Court. He explained that the proposed location for the addition is currently a mud room and explained the plan, noting that the foundation will be 12" round piers 48' deep and will rest on 8 piers. He noted that there would be minor impact with no adverse effects to the resource area. David Pabich noted that the property is in the flood zone and not the buffer zone. Kevin Cornacchio 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 on this matter a motion was made by Michael Allen to issue a Negative Determination, seconded by David Pabich and approved. • 1 • Public Hearing — Notice of Intent - Greenwood Realty Trust - - Kathleen Thomas, 749 Lowell Street, Lynnfield, MA. Chuck Faia of Parsons and Faia addressed the Commission and explained the Notice of Intent for the construction of a single family home and associated earth work at 20 Parlee Street, Salem, MA. Mr. Faia noted that the DiBiase property abuts this parcel and reviewed the plans. Abby Burns asked that a locus map be placed on the plans. Kevin Cornacchio stated that he would like to see the wall built before the construction of the home so as to define the limit of work line. David Pabich stated that he would like a no cut no disturb zone with a deed restriction behind the wall. Kevin Cornacchio asked if the street from the DiBiase project is in yet. Mr. Faia stated that there is rough grading there. Kevin Comacchio asked if there were hay bales in place up there. Mr. Faia stated that they are t here and are being maintained. Don Cefalo reported that the hay bales are in good shape. Kevin Comacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on this matter. . Michael Allen moved to close the public hearing, seconded by Abby Burns and approved. David Pabich moved to issue a standard Order of Conditions for the project with the conditions that they build the wall first, and that a deed restriction be placed for the No Cut No Disturb Zone behind the wall, seconded by Michael Allen and approved. Old/New Business Don Cefalo reported that the Commission has received a request from Mass Audubon to allow students from the Collins Middle School to collect data regarding the phragmites in the conservation area behind Salem State College. Joe Fumari moved approval, seconded by Abby Burns and approved. There being no further business to come before the Commission this evening a motion was made by Abby Bums to adjourn the meeting, seconded by Joe Furnari and approved. The meeting was adjourned at 6:40 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC052303 • 2 4,Pt%ON CO'l oy Conservation Comma%ion • Salem, Massachusetts 01970 y 'VASSALY,v Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, June 12,2003 at 6:00 a.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Approval of Minutes—05/08/03 & 05/22/03 2. Public Hearing—Request for a Determination of Applicability—City of Salem-Department • of Planning and Community Development, 120 Washington Street, Salem, MA 01970. Phase I of a waterfront improvement plan, the proposed work under this particular phase includes the construction of new bituminous concrete walking paths with decorative brick accents, which will replace the existing pathways. In addition, associated landscaping will be incorporated along with waterfront viewing areas. 3. Public Hearing—Request for a Determination of Applicability - Stephen Manning, 17 Fairview Road, Salem, MA. The purpose of the hearing is for a determination of work related to the construction of a 20-foot x18-foot sunroom and a 10-foot x16-foot deck to the existing residence at 17 Fairview Road. 4. Public Hearing—Request for a Determination of Applicability -James E. Connick, 324 Den Quarry Road, Lynn, MA. The purpose of the hearing is for a determination of whether the property at 48 Clark Street is subject to the jurisdiction of the Wetlands Protection Act. 5. Public Hearing—Notice of Intent—William McKinnon, Jr., 2 Dearborn Lane, Salem, MA 01970. The purpose of the hearing is to discuss the construction of a 4-foot x 62-foot pier with associated wooden access stairs, a 30-foot long gangway and 12-foot x 20-foot float at 2 Dearborn Lane. 6. Old/New Business • 1 Salem Conservation Commission • Minutes of Meeting Thursday,June 12,2003 A regular meeting of the Salem Conservation Commission was held on Thursday, June 12, 2003 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were, Chairman Kevin Comacchio, Joseph Fumari, Michael Allen, and David Pabich. Abby Burns was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Public Hearing — Request for Determination of Applicability — City of Salem — Renovations to Salem Willows Park Assistant City Planner Denise McClure addressed the Commission and reviewed the master plan for the Salem Willows project. She explained that the intent is to improve access and the flow of traffic on Fort Avenue Extension and to improve the walkways throughout the park and make the connection to the water front better. She also stated that they would be replacing some benches and adding additional trash barrels throughout the park. Mrs. McClure explained that the project will be done in phases with the first phase beginning this summer with the improvement in the walkways. She explained that the improvements to the roadways will be done in the fall in order to not disrupt the summer season at the park. She explained that one of the walkways is in the buffer zone and located the area on the plan.. • Kevin Comacchio noted that the sea wall drops. Mrs. McClure explained that there is a grass strip between the path and the sea wall. She also noted that the sea wall needs some work. Kevin Comacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter, Michael Allen moved to close the public hearing, seconded by Joe Fumari and approved. Michael Allen moved to issue a Negative Determination 3, seconded by Joe Fumari and approved. Public Hearing — Request for a Determination of Applicability — 17 Fairview Avenue — Steve Manning Mr. Manning addressed the Commission and explained his plans to add a surf room and small deck on the back of his house. He stated that the distance from the new addition to the sea wall is 65 feet and 11 %z feet off the back wall. He also noted that there would be no foundation involved as it will sit on pillars. Kevin Comacchio asked if they could get a machine back there. Mr. Manning explained that they could get access from the lawn on the Fairview Avenue side of the property. • 1 y David Pabich noted the sunroom and deck proposed will be over the existing patio. He asked if • there would be any removal of the patio. Mr. Manning stated that there would be no removal of the patio area. Michael Allen noted that the patio area is two feet larger than the'sunroom. Kevin Cornacchio noted that Mr. Manning has done other work on his property and he still needs to get a Certificate of Compliance for that work. Don Cefalo will advise Mr. Manning on that. Kevin Comacchio 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 this matter a motion was made by Michael Allen to close the public hearing, seconded by Joe Furnari and approved. David Pabich moved to issue a Negative Determination 3, with the conditions that there will be no stockpiling of materials in the buffer zone and that if machinery is used during construction it will be removed from the buffer zone at the 'end of the work day, seconded by Joe Fumari and approved. Public Hearing—Request for a Determination of Applicability—James Connick—48 Clark Street —Salem, MA. Joe Orzell of Gulf of Maine Research Inc. addressed the Commission and explained the plan and located the resource areas on it. He explained the resource locations on the site and noted that they plan to build a single family home with driveway on the front of the property and a retaining wall. He also noted that the only work that is to be done in the resource area is the cleanup of • debris. Mr. Orzell reviewed the methods he used in his research of the site. He noted that the USGS map shows a perennial stream on the site,. but he has seen little evidence of that. He noted that because it is on the map they assume it is there, and explained that if they study the location and document it with photos they could prove that it is just an isolated area with 5 or 6 inches of water at times. Mr. Orzell stated that he flagged the BVW. Kevin Cornacchio asked if there was any sign of a vernal pool out there. Mr. Orzell stated that they have looked at that but have not found anything. Kevin Comacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter this evening. Michael Allen moved to close the public hearing, seconded by David Pabich and approved. David Pabich moved to issue a Negative Determination 4, seconded by Michael Allen and approved. Public Hearing—Notice of Intent—2 Dearborn Lane—William McKinnon Jr. —Construction of Pier, Wooden Access Stairs. Gangway and Float John Dick of Hancock Environmental addressed the Commission on behalf of his client and explained the plans for the construction of a pier, wooden access stairs, gangway and float. He • reviewed the plan and the various resource categories on the site. He noted that they are using the performance standards for a coastal bank, noting that the salt marsh would be altered with the 2 installation of the pilings. He also stated that the installation of the sona pilings would cause no • deliberate effect on the bank. Mr. Dick explained that they started calculating the effect on the Rivers Protection Act and found that because the project needs a Chapter 91 License they are exempt from the Rivers Protection Act. Kevin Cornacchio reported that he looked at the site today and asked if the neighbors are in agreement with the project. Mr. McKinnon stated that his neighbors are supportive and presented a letter from the Paplardo family supporting the project. Kevin Cornacchio stated that the existing bulkhead does not look like it is in great shape. Mr. Dick reported that some landscaping timbers need to be replaced and they are planning to do that. A discussion was held on the moving of the float in the off season. Mr. McKinnon reported that he has contacted North Shore Dredging and has researched his options. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter this evening. He read the letter from the Papalardo's at this time. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Joe Furnari and approved. David Pabich moved to issue the standard Order of Conditions for the project, seconded by Joe • Furnari and approved: There being no further business to come before the Commission this evening a motion was made by David Pabich to adjourn the meeting, seconded by Joe Furnari and approved. The meeting was adjourned at 6:40 p.m. Respectfully submitted by: Eileen M. Sacco,Clerk Salem Conservation Commission CC061203 • 3 i44`P(H)n1 Cp.� �i Conservation Commission " Salem, Massachusetts 01970 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, June 26, 2003 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Approval of Minutes—06/12/03 2. Request for Continuance—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. Public Hearing—Notice of Intent—City of Salem, Parks and Recreation Department, 93 Washington Street, Salem, MA 01970. The purpose of the hearing is to discuss the restoration and repair to the existing City of Salem pier and dock facility, located at the Kemwood Marina. Work will consist of the refurbishing of the approximate 132 foot long by 7 foot wide pier structure. In addition, 24 pilings will be installed to replace the existing deteriorating pilings. All the proposed work and repairs shall be constructed within the existing footprint. 4. Old/New Business • .� ,� i .. CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, July 10, 2003 at 6:00 a.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Request to extend Order of Conditions - DEP File#64-197, Salem —Beverly Transportation Project—request for a three-year extension. 2. Request for Certificate of Compliances - DEP File#'s 64-179 & 64-194, Pickering Wharf • Realty Trust, Salem, request two certificate for the completions for work associated with the repair work of the exist seawalls adjacent to the Marina, "Arbella" and "Grand Turk" buildings located at Pickering Wharf. 3. Request for Certificate of Compliance- DEP File# 64-303, JPI and James V. D'Amico Jr., One Technology Drive, Westborough, MA, requests a certificate for the completion of work associated with redevelopment of the former Parker Brothers manufacturing facility as a mixed- use residential and commercial community 190 Bridge Street. 4. Old/New Business • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM ri N ` N- �j 0 CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, July 24, 2003 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Public Hearing—Request for a Determination of Applicability—Riverview Realty Trust/Julianna Tache, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. • 2. Public Hearing—Request for a 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 construction of an approximately 225 sq. ft. addition to the rear of the existing dwelling and a 96 sq. ft. addition to the front at 45 Memorial Drive. In addition, an approximately 150 sq. ft. deck addition will be added to the existing rear decking. 3. Old/New Business • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, September 11, 2003 at 6:00 a.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Public Hearing—Request for a Determination of Applicability—Richard & Diane Pabich, 35 Winter Island Road, Salem, MA. The purpose of the hearing is for a determination of work related to the construction of new concrete stair to an existing wall along a coastal bank at 35 • Winter Island Road. 2. Public Hearing—Request for a Determination of Applicability—KeySpan Energy Delivery New England, 52 Second Avenue, Waltham, MA. The purpose of the hearing is for a determination of work related to the installation of new underground utility conduits located within the KeySpan Facility at Pierce Avenue and Waite Street. 3. Public Hearing—Notice of Intent—Paula Buresh, 58 Franklin Street, Peabody, MA 01960. The purpose of the hearing is to discuss the construction of a 2 single-family dwelling and associated earthwork and landscaping at 18 Clark Street. 4. Public Hearing—Notice of Intent—Ciba Specialty Chemicals, P.O. Box 71, Oakridge Parkway, Toms River, NJ 08754. The purpose of the hearing is to discuss the removal and remediation of approximately 870 cubic yards of contaminated soils deposited within Mill Pond (One Colonial Road). 5. Public Hearing—Notice of Intent—Riverview Realty Trust, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. 6. Enforcement Order—24 Saunders Street—Update on the status of the Order. • 7. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM Salem Conservation Commission Minutes of Meeting Thursday, September 11, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, September 11, 2003 at 6:00 p.m. in the third Floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were, Chairman Kevin Cornacchio, Joseph Furnari, Michael Allen, Abby Burns, David Pabich, and Michael Blier. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Public Hearing - Request for Determination of Applicability - Richard and Diane Pabich- 35 Winter Island Road David Pabich recused himself from discussion of this matter. Dick Pabich addressed the Commission and explained his plans to construct new concrete stairs to an existing wall along a coastal bank. He explained that he plans to attach the stairs from the seawall to the ledge and estimated it is about four feet from the high water mark. He reviewed the plans with the Commission. Mr. Pabich explained that the stairs would be attached with rebar to the seawall. Mr. Furnari questioned if the stairs would be resting on the ledge in addition to being • attached to the wall. Kevin Cornacchio suggested that the Commission hold a site visit. Abby Burns agreed that a site visit is in order and asked if they need a Chapter 91 license for the project. Mr. Pabich explained that the property predates Chapter 91 and since it is not being built in the water and is not a pier or a dock it is not required. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. The Commission scheduled a site visit for Saturday, September 13, 2003 at 8:00 a.m. There being no further comments or questions on the matter a motion was made by Michael Allen to continue the public hearing to September 25, 2003, seconded by Joe Furnari and approved. Public Hearing - Reguest for Determination of Applicability - KeySpan Energy Delivery of New England - Pierce Avenue and Waite Street David Pabich returned to the meeting at this time. Mark Mahoney addressed the Commission and explained the plans for the • determination of work related to the installation of new underground utility conduits located within the KeySpan facility at Pierce Avenue and Waite Street. \ 1 Mr. Mahoney explained that the site is a hazardous waste site and this work is being done for security purposes. He explained the plans with the Commission. Mr. Cornacchio asked for the location of the remediation area. Mr. Mahoney located the area on the plan and explained that they would be digging a maximum of four feet deep to get to the frost line. He also noted that several test pits and borings have been done on the site and the contaminated areas have been identified. Mr. Mahoney explained the dewatering process that will be used on the site. He also noted that a licensed site professional will be on site at all times during the construction, and they are familiar with the site. Kevine Cornacchio opened the hearing up for public 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 a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. David Pabich moved to issue a Negative Determination 3, seconded by Joe Furnari and approved. Kevin Cornacchio suggested conditions that hay bales and'a silt fence be installed on the site and that a licensed site professional or their representative shall be onsite during the excavation of materials.. • Public Hearing - Notice of Intent - Construction of Two Single Family Homes and Associated Earthwork and Landscaping at 18 Clark Street Dr. Jerome Carr addressed the Commission and explained the plans for the construction of 2 single family homes at 18 Clark Street. He explained that the whole site is within 100 feet of the buffer zone. He noted that there would be maximum groundwater recharge on the site and hay bales and a silt fence would be installed on the site. Michael Allen asked how far the corner of the house was from the edge of the wetland. Dr. Carr explained the location from the tow of the wall to the wetland. Kevin Cornacchio noted that the Commission has been consistent in recent years in asking that applicants provide a 25 foot no cut no disturb zone to the resource area. Denise McClure, Assistant City Planner addressed the Commission and explained that a variance from frontage was granted on this property in 1999 and has since expired. She noted that the applicant needs to go back to the Planning Board for the variance and a Form A to subdivide the lots, and both of these items have to be granted before the Conservation Commission acts on this plan. Dr. Carr explained that he was just informed of this issue this afternoon and he has not conferred with his client on the matter. He stated that he would like to talk with his client as he has no authorization from his client to approve the 25 foot no cut no • disturb zone. 2 • Kevin Cornacchio asked if the area has been flagged. Dr. Carr stated that the area is flagged with the location of the houses.' Abby Burns stated that she would like to see a locus on the plan. Michael Blier requested that the plans show the locations of paved surfaces and decks etc. Kevin Cornacchio suggested that the Commission hold a site visit after the variance issues are resolved. Kevin Cornacchio opened the hearing up for public comment at this time. Debbie Hurlburt, former Salem Conservation Commission member and chair addressed the Commission and stated that she is familiar with the history of this property feels that the applicant is trying to squeeze two house lots on one upland parcel. She also expressed her concern that she would not like to see the hearing continued until the zoning issues are resolved. She recommended that the applicant be allowed to withdraw the application without prejudice. Robert Bogasian addressed the Commission and expressed his concern about two houses being built so close to the wetland on a lot with a high elevation. Denise Colbert of 37 Clark Street addressed the Commission and urged them to deny the application if they do not have adequate information. • Denise McClure explained the process and stated that if they withdraw the application fees would be waived when they reapply. Dr. Carr stated that he would rather modify the plan and remove a lot and build one house on a legal lot. He noted that his client is not present this evening and he would like to continue the matter so he can confer with his client. Denise McClure recommended that the Commission continue the matter for two weeks or the Commission could deny the application if they do not withdraw. There being no further questions or comments regarding this matter a motion was made by Michael Allen to continue the public hearing to September 25, 2003, seconded by Joe Furnari and approved. Public Hearing - Notice of Intent - Ciba Specialtv Chemicals - Removal and Remediation of Contaminated Soils at One Colonial Road Daniel Padien addressed the Commission and explained the plans for the removal and remediation of approximately 870 cubic yards of contaminated soils deposited within the Mill Pond. He explained the history of the property and explained that the former Vanasse.Property is their responsibility for the cleanup. Mr. Padien explained that they would access the site across the salt marsh. He described the area as coastal bank rather than land under water. • 3 Mr. Padien explained the plans and noted that they would be constructing a • temporary access road to get to the salt marsh. He also explained the process for the removal of the contaminated material and the remediation of the site. Kevin Cornacchio stated that the application was well presented and a good one. He questioned how long it has been since the outfall pipes have been tested. Mr. Padien explained that they floor drains of the facility have been sealed and they have performed water tests. Kevin Cornacchio suggested that he would like them to have the lines power washed. David Pabich asked if they would be doing any testing in the South River conduit, noting that he is concerned about mitigation into the South River. Mr. Padien stated that he is not certain about that, but he would look into the matter. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen .to close the public hearing, seconded by Abby Burns and approved. Joe Furnari moved to issue a standard Order of Conditions with special conditions, seconded by Michael Allen and approved. Special Conditions: • Information will be provided to the Salem Conservation Commission regarding any possible downstream contamination from the site. Information shall be provided on the material coming out of the outfall pipe and the pipe shall be power washed if necessary. Public Hearing - Notice of Intent - Riverview Realty Trust - Work Related to the Remediation and Clean Up of Contaminated Soil located at 24 Saunders Street Atty. lack Keilty addressed the Commission and explained that there are two issues before the Commission. One is the enforcement order and conditions #7 regarding the fill and the stock piling of material and the other is the test pits identified on the plan. He explained that they are seeking to drill test pits and dig larger pits where contaminated soil has been located. Bruce Poole of SP Engineering addressed the Commission and explained that since July 24`h the area was fenced and signage was placed around the storage piles. He explained that they were waiting from approval of the City Engineer to back fill and the excavation of the site and received that permission on August 4, 2003. He also noted that on August 5`h they proceeded with the excavation and analyzed the material which showed a high lead content. He further reported that the stabilization of the soil was done on August 22, 2003. He presented certification of the proper disposal of the material. Mr. Poole showed the Commission photos of the site that depicted the measures that • have been taken to secure the site and stated that they have fulfilled their obligation. 4 • He requested that the Commission release the abatement plan so that they can finish up the work on the site. Denise McClure explained that condition #6 of the enforcement order has not been complied with. Mr. Poole explained their priorities that they chose to complete before the 120 day deadline. Kevin Cornacchio opened the hearing up for public comment at this time. Lesley Burn of 16 Saunders Street addressed the Commission and asked the Commission to thoroughly review the plans. She expressed her concerns about the amount of lime dust and air born materials at the site. Andy Goldman of 11 Pearl Street addressed the Commission and expressed his concerns about the applicant following .proper procedures and the availability of accurate information to the neighbors. He noted that he is concerned about the contamination on the site. Denise Sullivan stated that the Planning Department would review the plans and give feedback to the Conservation Commission. Michael Allen stated that he felt that the applicants plan does what the Conservation Commission asked him to do and although they had a shaky start they finished up pretty well. He stated that he saw no point to continue this any further and suggested that it would be a waste of time. • David Pabich stated that he would like to see the rest of the test borings performed on the site, and he would like to see them done before the next meeting. Atty. . Keilty stated that two weeks would be tight to get the testing done noting that it normally takes 3 to 4 weeks. Lance Kasparian of 1 Arbella Street addressed the Commission and stated that he is pleased to see the site being cleaned up. He stated that he is concerns about pedestrian traffic and the neighbors concerns are critical. There being no further comments or questions regarding this matter a motion was made by Michael Allen to continue the public hearing to October 9, 2003, seconded by Abby Burns and approved. On the matter of the Enforcement order, Denise Sullivan updated that Commission on the status of it. She also explained that the Commission can fine the applicant up to $200 per day which would total $5,200 to date. She also noted that the Commission could fine less than $200. Atty. Keilty reviewed the time line that occurred in the approval process with the City Engineer for the stages of the clean up. He also noted that they were held up by the receiving facility for the disposal of the material. Denise McClure stated that the city is concerned about the stability of the road way and the stock pile. • City Planner Joe Walsh addressed the Commission and stated that the condition simply was not met by the applicant. Atty. Keilty disagreed and stated that they 5 . worked diligently to get the work completed and asked that no fine be imposed on his client. David Pabich stated that there is a significant amount of work to be done on the site. Joe Furnari moved to impose a fine of $2600.00 to Riverview Realty Trust, seconded by David Pabich and approved with Mike Allen opposed. 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 Abby Burns and approved. The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC091103 • • 6 CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, September 25, 2003 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Continuation - Public Hearing—Request for a Determination of Applicability —Richard & Diane Pabich, 35 Winter Island Road, Salem, MA. The purpose of the hearing is for a determination of work related to the construction of new concrete stair to an existing wall along • a coastal bank at 35 Winter Island Road. 2. Public Hearing—Request for a Determination of Applicability—Robert Lubas, 7A Griswold Drive, Salem, MA. The purpose of the hearing is for a determination of work related to the construction of a deck approximately 12 feet by 16 feet in size and associated grading work with regards to the development of a new single family residence at 6 Scenic Terrace. 3. Continuation -Public Hearing—Notice of Intent—Paula Buresh, 58 Franklin Street, Peabody, MA 01960. The purpose of the hearing is to discuss the construction of a 2 single- family dwelling and associated earthwork and landscaping at 18 Clark Street. 4. Public Hearing—Notice of Intent—USGen New England Inc., 24 Fort Avenue, Salem, MA. The purpose of the hearing is to discuss the construction an approximately 34,000 square foot concrete crane platform at the north end of Coal Wharf within the property located at 24 Fort Avenue. 5. Old/New Business • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, September 25, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, September 25, 2003 at 7:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were, , Joseph Furnari, Michael Allen, Abby Burns, David Pabich, and Michael Blier. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Members Absent: Chairman Kevin Cornacchio Vice Chair Joe Furnari called the meeting to order at 6:00 p.m. Continuation of Public Hearing - Request for Determination of Aoolicability - Dick and Diane Pabich - 35 Winter Island Road - Determination of Work related to the Construction of New Concrete Stairs to an Existing Wall Along A Coastal Bank David Pabich recused himself from discussion of this matter. Dick Pabich addressed the Commission and noted that a site visit was held by the Commission. He asked if the members had any questions regarding his plan. • Abby Burns stated that she felt that this is a good plan. Joe Furnari noted that the wall is very solid and it is a nice plan. Joe Furnari opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. Mr. Pabich thanked the members of the Commission and stated that he would like to get started as soon as he can get a building permit. There being no further questions or comments a motion was made by Michael Allen to close the public hearing seconded by Michael Blier and approved. Michael Allen moved to issue a Negative 3 Determination, seconded by Abby Burns and approved. Public Hearing - Request for Determination of Aoolicability - Robert Lubas - 7A Griswold Drive - Determination of Work Related to the Construction of a Deck 12 Feet X 16 Feet and Associated Grading with regards to the Development of a Single Family House at 6 Scenic Terrace Mr. Lubas addressed the Commission and explained his plans. He explained that part of the deck is in the buffer zone as well as a retaining wall. Michael Allen asked what the distance of the wall was in relation to the resource area. Mr. Lubas explained his plan and the location of the wall to the resource area. • • Michael Blier asked what Mr. Lubas had planned for the upland side of the wall. Mr. Lubas stated that the area would be a grass area for the back yard. He further explained that he would only be grading for the back yard and that the house is not located in the buffer zone. David Pabich stated that he would like to have a site visit. Joe Furnari opened the hearing up for public comment at this time. John Giardi of Autumn View addressed the Commission and explained the history of the site, and expressed his support for the project. The Commission scheduled a site visit for Saturday, September 26, 2003 at 8:30 a.m. There being no further questions or comments regarding this matter at this time a motion was made by Abby Burns to continue the public hearing to October 9,' 2003, seconded by Michael Allen and approved. Continuation of Public Hearing - Notice of Intent - Paula Buresh - Construction of Two Single Family Homes and Associated Earth Work and Landscaping at 18 Clark Avenue Dr. Jerome Carr addressed the Commission and stated that he conferred with his client and they have modified the plan so that there is now only one home proposed • on the site. He explained the drainage of the site and the proposed location for the house. Michael Blier asked if they have a plan for the replanting on the site. Dr. Carr stated that they plan to use sod and let the weeds invade. Don Cefalo addressed the Commission and stated that the Zoning Officer has not reviewed this plan. Dr. Carr explained that the changes in the plan do not affect the abutters and they are building further away from the wetland with this plan. Abby Burns suggested that the Commission visit the site. David Pabich noted that the previous plan called for a garage that would house antique cars. Dr. Carr stated that the applicant has abandoned that portion of the plan and opted for more living space in the house. Joe Furnari opened the hearing up for Public Comment at this time. Robert Bozarian an abutter of the property addressed the Commission and expressed his concern that the city sold the land to the applicant with the stipulation that one house would be built on the site and he feels that more than one house would have a significant impact on the area. David Gilbert another abutter addressed the Commission and requested copies of all • correspondence regarding the zoning issues. 2 • The Commission scheduled a site visit for Saturday, September 27, 2003 at 9:00 a.m. There being no further questions or comments regarding this matter a motion was made by Michael Allen to continue the public hearing to October 9, 2003, seconded by Abby Burns and approved. Public Hearing - Notice of Intent - USGen New England 724 Fort Avenue, Salem. MA - Construction of 34,000 S.F. Concrete Crane Platform at the North End of the Coal Wharf Ernie Greer the Project Engineer for the project addressed the Commission and explained Administrative Consent Order which will reduce the emissions of the Salem Harbor Plant. He explained that this application is for the construction of the crane platform which is located within the buffer zone. Mr. Greer also explained the measures that they plan to take to minimize the impact of the project on the neighbors. Mr. Greer explained the proposed location for the crane platform and noted that it is located about 100 feet from the discharge canal. Joe Furnari opened the hearing up for public comment at this time. Richard ]endraszyk of 3 Hamilton Street addressed the Commission and expressed • his concern about the removal of concrete. There being no further questions or comments regarding this matter at this time a motion was made by Abby Burns to close the public hearing, seconded by David Pabich and approved. Abby Burns moved to issue an Order of Conditions with Special Conditions for the project,.seconded by Michael Allen and approved. Special Conditions: Spill kits shall be onsite at all times during the construction process. 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 Abby Burns and approved. The meeting was adjourned at 7:30p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC092503 • 3 CITY OF SALEM ' CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, October 9, 2003 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Continuation -Public Hearing—Request for a Determination of Applicability—Robert Lubas, 7A Griswold Drive, Salem, MA. The purpose of the hearing is for a determination of work related to the construction of a deck approximately 12 feet by 16 feet in size and • associated grading work with regards to the development of a new single family residence at 6 Scenic Terrace. 2. Continuation -Public Hearing—Notice of Intent—Paula Buresh, 58 Franklin Street, Peabody, MA 01960. The purpose of the hearing is to discuss the construction of a 2 single- family dwelling and associated earthwork and landscaping at 18 Clark Street. 3. Continuation - Public Hearing—Notice of Intent—Riverview Realty Trust, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. 4. Public Hearing—Notice of Intent—Riverview Realty Trust, 208 Derby Street, Salem, MA. The purpose of the hearing is to discuss the construction of six duplex dwellings with associated roadwork, grading, utilities, landscaping and stormwater facilities within the property located at 24 Saunders Street. 5. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WIVW.SALEM.COM CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, October 23, 2003 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: • 1. Request for a Certificate of Compliance - DEP File# 64- 325, Maritimes &Northeast Pipeline, L.L.C., 5 Batchelder Road, Seabrook,NH., requests a Certificate of Compliance for work associated with the geotechnical investigation for a proposed interstate gas pipeline. Work completed involved 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. 2. Request to Extend Order of Conditions - DEP File#64- 315, National Park Service, Salem Maritime National Historic Site request for a three-year extension for the proposal to construct a permanent mooring, docking facility, accessible ramps for the SV Friendship along with a historic warehouse exhibit on the westerly side of Derby Wharf in Salem Harbor at 174 Derby Street. 3. Public Hearing - Notice of Intent- JG & G Realty Trust, Julianna Tache, Trustee, 208 Derby Street, Salem, MA 01970. The purpose of the hearing is to discuss the construction of a single- family dwelling, driveway, well, utilities, grading and landscaping at Lot 1 (Map 9, Lot 93) Buena Vista Avenue West. 4. Public Hearing - Notice of Intent- JG & G Realty Trust, Julianna Tache, Trustee, 208 Derby Street, Salem, MA 01970. The purpose of the hearing is to discuss the construction of portions of a single-family dwelling, driveway, well, grading and landscaping at Lot 2 (Map 9, Lot 93) Buena Vista Avenue West. • 5. Continuation -Public Hearing - Notice of Intent-Paula Buresh, 58 Franklin Street, Peabody, MA 01960. The purpose of the hearing is to discuss the construction of a 2 single-family dwelling and associated earthwork and landscaping at 18 Clark Street. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM • 6. Continuation - Public Hearing- Notice of Intent- Riverview Realty Trust, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. 7. Old/New Business a. Minor Modification to a Determination of Applicability - Marlboro Road, Massachusetts Highway Department. b. Request for Continuance - Notice of Intent- DEP # 64-329, 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). • • Salem Conservation Commission • Minutes of Meeting Thursday, October 23, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, October 23, 2003 at 7:00 p.m. in the third Floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joseph Furnari, Michael Allen, David Pabich, and Michael Blier. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Members Absent: Abby Burns Request for Certificate of Compliance - DEP File #64-325 - Maritimes and Northeast Pipeline L.L.C. - 5 Batchelder Road - Seabrook NH Dennis Blay of TRC addressed the Commission and explained that they are requesting a Certificate of Compliance for work associated with the geotechnical investigation for a proposed interstate gas pipeline. He noted that the work completed involved thirteen soil borings primarily within the Danvers River and Beverly Harbor and one within a 100 foot buffer zone located on the east side of Kernwood Street. He presented certification that all work was completed according to the Order of Conditions issued. Michael Allen moved to issue the Certificate of Compliance, seconded by Joe Furnari • and approved. Request to Extend Order of Conditions - DEP File #64-315 National Park Service - Salem Maritime Historical Site - 174 Derby Street Colleen Bruce and Steve Kesselman addressed the Commission and explained that they received an Order of Conditions three years ago to construct a permanent mooring, docking facility, and accessible ramps for the SV Friendship along with a historic warehouse exhibit on the westerly side of Derby Wharf in Salem Harbor. They requested a three year extension for the project and indicated that they expect to complete the project within that time. Michael Allen moved to issue an Extension of the Order of Conditions for DEP File #64-315 for the Salem Maritime Historic Site at 174 Derby Street, seconded by Joe Furnari and approved. Public Hearing - Notice of Intent - JG&G Realty Trust - Julianna Tache - Buena Vista Avenue West Atty. Scott Grover addressed the Commission and explained that his client intends to construct two single family dwellings, driveway, utilities and associated grading and landscaping at lot #1.(Map 9, Lot 93) on Buena Vista Avenue West. Atty. Grover explained that the Commission has previously approved the construction of Mr. Hongs home on the same street and that this is the remaining • parcel which is being split into two lots. He.also noted that they are presently before the Planning Board for a Form A and they expect approval at the next Planning Board meeting. He also noted that the Board of Appeal has granted a variance for lot • width. Atty. Grover explained that building # 1 is in the buffer zone and a corner of the garage, building #2 is also in the buffer zone. He also noted that there is 115 feet of road that does not connect in accordance with the wishes of the neighbors who had strong feelings about the connection of the two streets. Atty. Grover explained that the cul de sac is in place of connecting the roadway and the engineering department has asked that they bring the water up there rather than use a well as was previously planned. Kevin Cornacchio asked if they would be doing any blasting for the project. Mr. Fallon explained that they are uncertain about the ledge in the area but in any event he expects that the blasting would only be one day. Kevin Cornacchio stated that he has some concerns about the well on the property next door. Mr. Fallon stated that he has information from the well company and he is.not concerned about causing it any harm. Michael Allen asked what the distance is between the resource area and the house. Mr. Fallon stated that it is about 40 feet. Michael Blier asked if they would be removing any trees for the project. Mr. Fallon stated that he would be doing minimal tree cutting. He explained that they are on a knoll with a high wind velocity and there is not much old tree growth up there. • Kevin Cornacchio asked if they plan for a back yard. Mr. Fallon stated that it would depend on who buys the property. . Kevin Cornacchio stated that he would like to see a 25 foot no cut no disturb zone in the back of the property. He also suggested that the Commission schedule a site visit so that they can get a better handle on the vegetation out there. A Site Visit was scheduled for Saturday, November 1, 2003. Kevin Cornacchio 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 this matter a motion was made by Michael Allen to continue the public hearing to November 13, 2003, seconded by Joe Furnari and approved. . Continuation of Public Hearing - Notice of Intent - Paula Buresh - 18 Clark Street Dr. Jerome Carr addressed the Commission and explained that they have made some minor revisions to the plan. He explained that at the request of the Building Inspector they have eliminated a driveway and added a stone wall to prevent further construction of a driveway. He also noted that they have added a parking space next to the house. Dr. Carr also explained that the plans to house antique cars on the property have • been dropped so they have eliminated the oil and gas separators from the plans. He also noted that the changes have resulted in a 4% reduction in the impervious • surface of the site. Dr. Carr explained the drainage plans for the site. Kevin Cornacchio opened the hearing up for public comment at this time. Bob Besarjian an abutter of the property addressed the Commission and noted that there is a dirt mound on the site. Dr. Carr stated that it would be removed. Dave Gilbert addressed the Commission and asked for clarification of the location of the parking space next to the house. There being no further questions or comments regarding this plan a motion was. made by Michael Allen to close the public hearing, seconded by Joe Furnari and approved. Michael Allen moved to issue a standard Order of Conditions with the special condition that a no cut no disturb zone be delineated at the back of the property, seconded by Michael Blier and approved. Continuation of Public Hearing - Notice of Intent - Riverview Realty Trust - 24 Saunders Street, Salem. MA - Remediation and Cleanup of Contaminated Soil Mr. Fallon addressed the Commission and explained that they have filed their information with DEP and are waiting to hear from them on the matter of the DEP file • number. He also noted that there has been no activity on the site and the entire project is on hold, pending clarification from the state on their intentions regarding the site. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the matter to November 13, 2003, seconded by Michael Allen and approved. Minor Modification to Determination of Applicability - Massachusetts Highway Department - Work on Marlborough Road Director of Public Services Bruce Thibodeau and Nick Rubino of Earth Tech Environmental addressed the Commission and explained the modifications to the plan. Mr. Rubino stated that the purpose of the amendment is to relocate the proposed outlet away from the current proposed location to a new location at station 4+20 and will follow the alignment of the existing outlet pipe as shown on the amended plan. He noted that the proposed outfall and proposed stilling basin will be located within the buffer zone and outside the limit of the bordering vegetated wetlands. Kevin Cornacchio read a letter from Joe Nerdon of the Engineering Department supporting the changes to the plan. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this matter. • There being no further comments or questions regarding this matter a motion was made by Joe Furnari to approve the modification to the plans for the Marlborough Road work, seconded by Michael Allen and approved. Request for Continuation of Public Hearing - Glover Estates - DEP File #64-329 Don Cefalo read a letter from the applicant requesting a continuation of the public hearing to February 2004. He explained that the applicant is keeping the process open for potential buyers of the property. Joe Furnari moved to approve the request to continue the public hearing to February 2004, seconded by Michael Allen and approved. 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 Michael Allen and approved. The meeting was adjourned at 7:30p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC102303 • • 0 �v� n CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, November 13, 2003 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—September 11 & 25, 2003 & October 23, 2003. 2. Public Hearing - Notice of Intent- Donald Morse, 34 Central Street, Rowley, MA 01969. The • purpose of the hearing is to discuss the removal and replacement of ten fender pilings, four platforms and several cross braces on the outer 50-foot of the existing pier at Bakers Island. 3. Continuation - Public Hearing- Notice of Intent - JG & G Realty Trust, Julianna Tache, Trustee, 208 Derby Street, Salem, MA 01970. The purpose of the hearing is to discuss the construction of a single-family dwelling, driveway, well, utilities, grading and landscaping at Lot 1 (Map 9, Lot 93) Buena Vista Avenue West. 4. Continuation - Public Hearing - Notice of Intent- JG & G Realty Trust, Julianna Tache, Trustee, 208 Derby Street, Salem, MA 01970. The purpose of the hearing is to discuss the construction of portions of a single-family dwelling, driveway, well, grading and landscaping at Lot 2 (Map 9, Lot 93) Buena Vista Avenue West. 5. Continuation - Public Hearing- Notice of Intent- Riverview Realty Trust, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. 6. Old/New Business • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, November 13, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, November 13, 2003 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joseph Furnari, Michael Allen, David Pabich, and Michael Blier. Abby Burns was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Also present was Kate Gormalley from the Planning Department. Approval of Minutes The minutes of the Salem Conservation Commission meeting held on September 11, 2003 were presented for approval. Michael Allen moved to approve the minutes as amended, seconded by Joe Furnari and approved. The minutes of the Salem Conservation Commission meeting held on September 25, 2003 were presented for approval. Michael Allen moved to approve the minutes as amended, seconded by Joe Furnari and approved. The minutes of the Salem Conservation Commission meeting held on October 23, 2003 were presented for approval. Michael Allen moved to approve the minutes as • amended, seconded by Michael Blier and approved. Public Hearing - Notice of Intent - Donald Morse - Repairs to pier at 2 Bakers Island Donald Morse addressed the Commission and explained his plans to remove and replace ten fender pilings, four platforms and several cross braces on the outer 50 foot of the existing pier at 2 Winter Island. He explained that the structure of the wharf is in good shape and the proposed work is routine maintenance. He also noted that he proposes to start the work next spring. David Pabich asked how long the work would take to complete. Mr. Morse stated that he expects the work to take about two weeks. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter, Joe Furnari moved to close the public hearing, seconded by Michael Allen and approved. David Pabich moved to issue a standard Order of Conditions with special conditions, seconded by Michael Allen and approved. The Commission issued a special condition that spill prevention kits be on site during the construction and that a boom be placed around the project. • 1 • Continuation of Public Hearing - Notice of Intent - ]G&G Realty Trust Lots 1 (Map 9 Lot 93) & 2(Map 9. Lot 93) Buena Vista Avenue West Atty. Scott Grover addressed the Commission and explained that his client would like to continue the public hearing to December 11, 2003. He noted that a site visit needs to be rescheduled. Kevin Cornacchio requested that the area be properly flagged for the Commission before the site visit. Michael Blier questioned the cul-de-sac on the plan. Atty. Grover explained that the neighbors were adamant that they did not want Buena Vista connected and it was also a condition of the approval of the Board of Appeal for the variance. Kevin Cornacchio asked what the status of the application was with the Planning Board. Atty. Grover explained that the Waiver from Frontage was granted and after the twenty (20) day appeal period has passed the Form A will be signed by the Planning Board. David Pabich requested that the applicant present the drainage calculations and information at the next meeting. He stated that he would like documentation that the net increase in the drainage would be zero. There being no further questions or comments from the Commission at this time. a motion was made by Michael Allen to continue the public hearing to December 11, • 2003, seconded by Michael Blier and approved. Continuation of Public Hearing - Notice-of Intent - Riverview Realty Trust - 24 Saunders Street Don Cefalo read a letter into the record requesting the Public Hearing be continued to December 11, 2003. Michael Allen moved to continue the public hearing to December 11, 2003, seconded by Michael Blier and approved. Old/New Business Don Cefalo reported that he has been contacted by Dr. Carr regarding the No Cut No Disturb Zone conditioned in the Order of Conditions for 18 Clark Street. He explained that Dr. Carr did not understand the NDND was in perpetuity and he would like an amendment to the Order of Conditions. He noted that the language in the Order of Conditions indicated that it eliminates all area behind the upland lot on the rear side of the wetlands. He also noted that the applicant has until November 17, 2003 to appeal the matter to DEP. David Pabich suggested that the applicant should appeal to DEP so that the Conservation Commission can get clarification on the issue. Kevin Cornacchio agreed and suggested that the Commission send a memo to Denise McClure on the matter. • 2 • 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 Michael Allen and approved. The meeting was adjourned at 6:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC111303 • • 3 CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, December 11, 2003 at 6:00 a.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—November 13, 2003. 2. Continuation - Public Hearing- Notice of Intent- JG & G Realty Trust, Julianna Tache, • Trustee, 208 Derby Street, Salem, MA 01970. The purpose of the hearing is to discuss the construction of a single-family dwelling, driveway, well, utilities, grading and landscaping at Lot 1 (Map 9, Lot 93) Buena Vista Avenue West. 3. Continuation - Public Hearing - Notice of Intent- JG & G Realty Trust, Julianna Tache, Trustee, 208 Derby Street, Salem, MA 01970. The purpose of the hearing is to discuss the construction of portions of a single-family dwelling, driveway, well, grading and landscaping at Lot 2 (Map 9, Lot 93) Buena Vista Avenue West. 4. Continuation - Public Hearing - Notice of Intent-Riverview Realty Trust, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. 5. Amendment- Order of Conditions, 116 Leach Street (DEP # 64-342) Charles R. O'Connell, 116 Leach Street, Salem, MA. The purpose of the hearing is to discuss the relocation of a 6- foot wide by 50-foot long wooden dock. The proposed dock will be supported by 10 piling, with an additional gangway and a reduction in size of the float. 6. Request for a Certificate of Compliance-—DEP File No. 64-301, Hawthorne Commons (Formerly Ridgeside Apartments), 205 Highland Avenue. • 7. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL:'978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, December 11, 2003 A regular meeting of the Salem Conservation Commission was held on Thursday, December 11, 2003 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joseph Furnari, Michael Allen, David Pabich, and Michael Blier. Abby Burns was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the Conservation Commission meeting held on November 13, 2003 were presented for approval. Michael Allen moved approval as amended, seconded by Abby Burns and approved. Continuation of Public Hearing - Notice of Intent - JG&G Realty Trust Julianna Tache, Trustee Lot 1 and Lot 2 Buena Vista Avenue West Atty. Scott Grover addressed the Commission and noted that the scheduled site visit was canceled due to the snow storm. He noted that Chris Mello of Eastern Land Survey was present this evening to answer any questions that the Commission may have. He stated that they are hoping to resolve any concerns this evening. • Atty. Grover stated that the drainage calculations that were requested by Mr. Pabich have been submitted. Chris Mello reviewed the revised plans dated December 3, 2003. He noted that they have added a detail and outline of the vegetated swale along the driveway and explained the drainage. He estimated the runoff to be 7.1 c.f. per second. Mr. Mello noted that the project is exempt from stormwater management, however they were able to maximize the runoff with the swale. Atty. Grover noted that the Planning Board has approved the Waiver From Frontage and is expected to sign the Form A at their next meeting. David Pabich stated that he is satisfied with the drainage calculations noting that his primary concern was with what was coming off the roof and that was addressed with the swale. Michael Allen asked if there would be any grading in the back yard. Mr. Mello stated that there would be no grading in the back yard, but they would be regrading in the buffer zone. Don Cefalo asked how they classify the brook in the back of the property. Mr. Mello stated that he has seen that dry and it does not fall in the RPA. • Abby Burns asked what the drop is in the back of the property. Mr. Mello estimated that it is around 96 feet under the deck and they would be installing hay bales in that area which would be the limit of work area. 1 • Mr. Mello noted that the size of the homes in relation to lot 57A is that they are slightly smaller. Kevin Cornacchio questioned the timetable for the project. Mr. Fallon stated that the Engineering Department wants 30 days lead time and he would like to start in February or March. Kevin Cornacchio asked if there would be any blasting on the site. Mr. Fallon explained that he plans on using hydraulics however he won't know what is there until he gets in there. He stressed that he is hoping not to have to blast. David Pabich referred to the east side of lot 1 and noted the change in contour looks like it is shedding water. Mr. Mello explained that by bringing it to a V allows the runoff of the house to go into the drainage swale to direct the water. He also noted that they matched the grades at the property line. David Pabich stated that his concern would be that there be no erosion. Abby Burns stated that she would like to see a No Cut No Disturb Zone and that the hay bale line be the limitation of work line. Kevin Cornacchio opened the hearing up for public 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 a motion was • made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. Michael Allen addressed the Commission and noted that the plan is less intrusive than lot 57A and he feels it is a good plan with the changes that have been implemented. Michael Allen moved to issue an Order of Conditions with Special Conditions for lots 1 & 2 on Buena Vista, seconded by David Pabich and approved. Special Conditions: The Hay Bale line and the Limitation of Work line shall be clearly noted on the deed. Continuation of Public Hearing - Notice of Intent - Riverview Realty Trust - 24 Saunders Street George Fallon addressed the Commission and explained that he has received notification from the state that they are planning to take a portion of his property for the bypass road. He explained that the state cannot take more than they need for their purposes. He also noted that the next step for him is to meet with an appraiser. He requested that the public hearing be continued for a few weeks so that he can work out the details. Mr. Fallon stated that what will be left after the state taking the land will be • unbuildable remnants of the property but he would like to give the city some land for a park. 2 • There being no further questions or comments regarding this matter a motion was made by Michael Allen to continue the Public Hearing to February 12, 2004, seconded by David Pabich and approved. Amendment to Order of Conditions #64-342 - 116 Leach Street - Charles R O'Connell Mr. O'Connell addressed the Commission and stated that he is requesting an amendment to his Order of Conditions for the relocation of a 6-foot wide by 50 foot long wooden deck. The proposed deck will be supported by 10 pilings with an additional gangway and reduction in the size of the float. Kevin Cornacchio asked Mr. O'Connell why he was reducing the size of the float. Mr. O'Connell stated that he was reducing the size of the float to eliminate the Army Corp of Engineers process. He also noted that he is in the process of getting a chapter 91 license. Mr. O'Connell also stated that the use of pressure treated pilings is not going to be allowed by Marine Fisheries. There being no further questions or comments regarding this matter a motion was made by Michael Allen to issue an amended Order of Conditions for #64-342,seconded by Joe Furnari and approved. Certificate of Compliance - DEP File #64-301 Hawthorne Commons - 205 Highland • Avenue Ray Taino of HW Moore Associates addressed the Commission and explained that they have completed the project and are seeking a Certificate of Compliance. He noted that some slight changes were made from the approved plan and are noted on the as built plans. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to issue a Certificate of Compliance for DEP File #64-301, seconded by Michael Allen and approved. 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 David Pabich and approved. The meeting was adjourned at 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC121103 3