Salem Conservation Commission
Minutes of Meeting
Thursday, January 12, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, January 12, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street.
Those present were: Kevin Cornacchio, Joseph Furnari, Keith Glidden, and Kevin Carr. Also present were Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk
Members absent: David Pabich and Michael Blier
Approval of Minutes
The minutes of the Salem Conservation Commission meeting held on December 8, 2005 were presented for approval. Kevin Carr moved approval of the minutes seconded by Joe Furnari and approved (4-0).
Continuation of Public Hearing - DEP # 64-385- AAA Tree Services - 120 Swampscott Road - The Purpose of this Hearing is to discuss the Proposed Site Work within the Buffer Zone to an Inland Bank and Bordering Vegetated Wetland
Kevin Cornacchio read a letter from Gulf of Maine Research Inc. requesting that the matter be continued to January 26, 2006. Joe Furnari moved to continue the public hearing to January 26, 2006, seconded by Keith Glidden and approved (4-0).
Continuation of Public Hearing – Request for Determination of Applicability – Alex Brown – 7 Riverbank Road, Salem, MA. – Determination of Work Related to the Construction of a Second Floor Addition to a Single Family Dwelling within a Riverfront Area
Kevin Cornacchio stated that he walked the site and suggested that he Commission grant a Negative 2 Determination as the work described is within an area subject to protection under the act, but the work will not remove, fill, dredge, or alter the resource area. He also suggested that a condition be that no dumping of leaves or brush on the other side of the fence.
Mr. Brown stated the he had no problem with that and noted that he would clean up the area of stocked piled lawn waste.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to issue a Negative 2 Determination for 7 Riverbank Road, seconded by Joe Furnari and approved (4-0).
Request to Extend Order of Conditions – DEP File #64-342 – Robert DeNisco – 116 Leach Street
Frank Taormina explained that the applicant is requesting an extension of this Order of Conditions for three years and noted that the original Order for a 300-foot gangway and float was amended and lowered to a 200-foot gangway and float.
Mr. DeNisco who was present at the meeting addressed the Commission and stated that he will be doing the work this summer and the work should be completed by the end of 2006.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to extend the Order of Conditions for 116 Leach Street for three years, seconded by Kevin Carr and approved (4-0)
Public Hearing – Notice of Intent – Massachusetts Electric Company – Replacement of Two Electrical Transmission Line Structures within a Buffer Zone to a Bordering Vegetated Wetland Along a New England Power Company Right of Way
Kevin Cornacchio noted that the Commission reviewed this matter at the last meeting and the only thing that was missing from the application was the DEP File #. Frank Taormina noted that the DEP number has been received and is 64-408.
Paul Knapik, a representative of VHB, addressed the Commission and noted that a question of the Commission at the last meeting was when the scheduled line outage would be. He stated that he has confirmed that it is scheduled for June and the work will be completed at that time. He also noted that they will keep an eye on the weather and will do the work when it is not raining.
Kevin Cornacchio stated that he would like a condition that if it is rainy or too muddy that no work shall be performed at that time.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the public hearing, seconded by Joe Furnari and approved (4-0).
Joe Furnari moved to issue an Order of Conditions for Massachusetts Electric Company for the Replacement of Two Electrical Transmission Line Structures within a Buffer Zone to a Bordering Vegetated Wetland along a New England Power Company Right of Way, with a condition that no work shall be performed if the ground is soft or muddy, seconded by Kevin Carr and approved (4-0).
Continuation of Public Hearing - Notice of Intent - DEP #64-383 - Ward II Social Club - 1 & 3 East Collins Street - After the Fact Paving of a Parking Area and the Conversion of a Portion of the Parking Lot to Lawn Area within Land Subject to Coastal Storm Flowage and a Buffer Zone to a Salt Marsh.
Atty. Scott Grover addressed the Commission and explained the history of the project noting that the Notice of Intent was filed over a year ago when the Ward II Social Club repaved their parking lot. He noted that in the process it was discovered that National Grid owned a portion of the area that they paved. He introduced John Dick of Hancock Environmental to address the Commission and explain the plans.
Mr. Dick addressed the Commission and explained the work that was done. He explained that this is a modified plan and in consultation with National Grid they have delineated the wetlands on the site. He noted that the BVW is phragmites. He also noted that at some point the fence was moved. He explained that 18 months ago the Ward II Social Club repaved their parking lot and what was perceived to be the end of Planters Street, but was actually land owned by National Grid. He explained the location and noted that there is an existing artificial dune that is not a functional dune and could be the result of salting and sanding road plow.
Mr. Dick also noted that there is an existing bucket basin at the edge of the parking lot and located it on the plan. He explained that it captures most of the runoff from the parking lot and discharges out to the adjacent salt marsh. He noted that the drain is equipped with a flap valve and that there is no evidence of tide issues with it. He noted that they are proposing to pull it up and install a proper drain with a sump. He also noted that the roof drain may drain through the existing unit.
Mr. Dick explained the mitigation plan, which includes the stabilization of the artificial dune by planting native plants. He also noted that this is a satisfactory solution to National Grid as well.
Kevin Cornacchio noted that this work was done better than 18 months ago and stated that he was pleased that they are installing a deep sump to remove suspended solids and slow down the rate of discharge into the salt marsh. He also stated that he would like to see a Maintenance and Operation Plan for the proposed drainage structure as well. He asked representatives of National Grid if they had any comments about the plan.
Elizabeth Green of National Grid addressed the Commission and stated that there is a pole in the parking area that will have to be replaced at some point noting that they have done some landscaping around it but there is no immediate problem with that. She also explained that they would inspect it periodically as rotting would be accelerated since the pole is partially buried in the landscaping island. She assured the commission that it is not a major problem and that it is fine for now.
Ken Lento of National Grid explained that some re-grading was done on land owned by National Grid. Kevin Cornacchio stated that the pile should be removed. Mr. Lento suggested that the material be level spread. John Dick agreed and suggested that spreading it out among the plantings would not cause a problem.
Frank Taormina asked whether the existing drainage pipe had caused any scouring or siltation into the salt marsh. Mr. Dick explained that there was just a little pool that could be the result of cleaning the valve, and there did not appear to be any significant siltation deposit in the salt marsh. He noted that the existing drainage pipe would remain in tact and that the proposed storm drain and sump would be attached to it
Frank Taormina requested an inset on the plan showing the details of the proposed drainage structure w/sump. John Dick stated that they could do a field sketch of that and submit it to the commission.
Kevin Cornacchio suggested that if they find anything else on the site to call Frank Taormina and have him take a look at it.
Kevin Cornacchio suggested that the Commission visit the site. A site visit will be held on January 21, 2006 at 8:00 a.m.
Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this project.
There being no further comments or questions regarding this matter a motion was made by Joe Furnari to continue the public hearing to January 26, 2006, seconded by Keith Glidden and approved (4-0).
Public Hearing – Notice of Intent – Michael & Maureen Kapnis – Construction of a Proposed Single Family House Within a Buffer Zone to an Inland Bank at 12 Brook Street, Salem, MA.
John Dick of Hancock Environmental addressed the Commission on behalf of Mr. and Mrs. Kapnis. He explained the history of the site and noted that this small lot of 4500 s.f. is grandfathered and it is on the South River flood control channel. He noted that over the years the area was altered by the City of Salem and Camp, Dresser and McKee did a bypass out to the Forest River. He also explained the history of the drainage and Rosie’s Pond. He stated that this reach is not tidal and it is not a river. He stated that it is perennially flooded because over the years the ground water has been dug into.
Mr. Dick noted that Fred Votta, a neighbor in the area provided him with a lot of information and Mr. Votta has said that he has seen the area dry. He explained that it is broad and deep and the Kapnis’s do not plan to alter it in any way. He also noted that they own a good size piece of land on the other side that could be dug into to expand it. He also stated that there will be no change in grade with this proposal.
Mr. Dick explained that they propose to construct a house with a half foundation and bring the rain off the roof in sheet flow to a stone trench and he is recommending mitigation plantings along the bank. Mr. Dick noted that the channel has a lot of invasive plant species and sediment in the watercourse and is in need of deering and dredging. He noted that he does not know if there is anything that the Kapnis’ can do about that. He also noted that he wants to see what the intent of the City Engineer is noting that it could be that it was designed to wider than it is.
Mr. Dick addressed the question of “is this a river?” He explained that the mean high water does not extend that far and referred to the Titus property and a finding that was made during the permitting process for that site.
Frank Taormina noted that Rosie’s Pond is upland and it should be explored if it is still functional. Mr. Dick explained a 1893 Salem quadrangle and noted that he would have more information from engineering at the next meeting.
Mr. Dick explained that the driveway would consist of pervious pavers.
Frank Taormina asked if the Commission was satisfied with the information provided, and the rational behind why this is an intermittent stream rather than a perennial stream, or if the commission would prefer more information to justify the type of watercourse. The commission agreed that the information supplied by Mr. Dick was adequate.
Kevin Cornacchio stated that he wants to be sure that the addition of a structure on this site will not add to the flooding in the neighborhood.
Mr. Dick stated that they will use a double row of hay bales and stated that there is not going to be a lot of water and they should be able to handle it on the site.
Kevin Cornacchio asked if they would be grading to the right of the structure. Mr. Dick stated that they could build a vegetated swale.
Frank Taormina referred to the ZBA decision and noted that there is a condition that planting or screening be done on the opposite side of the stream. He noted that the Conservation Commission would need to approve the planting plan proposed for that area.
Kevin Cornacchio suggested that the Commission hold a site visit. A site visit will be held on January 21, 2006 at 8:30 a.m.
Kevin Cornacchio opened the hearing up for public comment at this time.
Mary Ritchie of 32 Lawrence Street addressed the Commission and expressed her concern about flooding in the area.
Phyllis Manero of 17 Wheatland Street addressed the Commission and expressed her concerns about heavy rain and the flow of the brook. He also noted that she has flooding problems in her basement and has a sump pump.
Fred Votta of 212 Jefferson Avenue address the Commission and expressed his support for this project. He noted that he has extensive experience with flooding in the area and this project will not affect that. He also noted that he is Co-chair of the Salem Group on Flood Control and they will be holding a meeting on January 23, 2006 at 6:30 p.m. in the City Council Chambers.
There being no further comments or questions regarding this matter a motion was made by Joe Furnari to continue the public hearing to January 26, 2006, seconded by Keith Glidden and approved (4-0).
Old / New Business
Frank Taormina informed the Commission that the fines ($3,400) for 12 Almeda Street have been paid by the applicant.
Frank Taormina informed the Commission that in the near future they would be hearing three very large and potentially controversial projects: Osborne Hills (132-lot residential subdivision), Chapel Hill (38-lot residential subdivision off Clark Street) and the new YMCA located off of Leggs Hill Road (which also includes a 10-lot residential subdivision).
There being no further business to come before the Commission this evening a motion was made by Kevin Carr to adjourn the meeting, seconded by Joe Furnari and approved. (4-0).
The meeting was adjourned at 7:30 p.m.
Respectfully submitted by:
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Eileen M. Sacco, Clerk
Salem Conservation Commission
CC011206
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