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Minutes, January 26, 2006
Salem Conservation Commission
Minutes of Meeting
Thursday, January 26, 2006

A regular meeting of the Salem Conservation Commission was held on Thursday, January 26, 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, Kevin Carr David Pabich and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk

Members absent: None

Approval of Minutes

The minutes of the Salem Conservation Commission meeting held on January 12, 2005 were presented for approval.  Joe Furnari moved approval of the minutes of January 12, 2006, seconded by Kevin Carr and approved  (6-0).

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 February 9, 2006.  Joe Furnari moved to continue the public hearing to February 9, 2006, seconded by Keith Glidden and approved (6-0).

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.

John Dick of Hancock Environmental addressed the Commission and reviewed the project narrative that he submitted to the Commission.  He also noted that he has submitted the details of the catch basin.  He explained that they will install a two-foot sump and oil trap and will investigate any other drainage that is found.  He stated that he feels that the water is carried from the parking area.

Mr. Dick also noted that there is a pile of material behind the new fence that will be seeded.  He explained that they will remove material of wood and debris and leave the pile as it is and seed it.  He also noted that this is the only work that is proposed to be done on land owned by National Grid.

Mr. Dick explained that they propose to use a wetland mix and he recommends mixing seed and distributing the combined mix over the entire planting area.  He noted that woody shrub will be planted in the berm.  He also noted that nothing will be done with the phragmites in the area.

Michael Blier questioned the watering of the shrubs.  Mr. Dick explained that they are drought resistant and they will be fine.

David Pabich stated that he would like some documentation that the floor drains are not draining into the parking area.

Keith Glidden stated that there should be a no disturb zone.  John Dick stated that there is a no disturb zone there.  David Pabich suggested that adding a posting to the area is a good idea.

Kevin Cornacchio stated that he would like time to review the information and suggested that the Commission continue the matter for one more meeting.  Keith Glidden stated that he was comfortable with the plan.  Michael Blier also added that the planting plan proposed is adequate.

Kevin Cornacchio suggested that he would like to see the dumpster moved.  Mr. Hagen of the Ward II Social Club stated that would be no problem.  

Kevin Cornacchio also asked where the snow storage is located.  Mr. Hagen explained that the snow would be plowed against the berm.  He also explained that the city plows to the end of Planters Street because it is the only place that they can plow.

Keith Glidden requested that the discarded tires and the bicycle that are on the property be removed.

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 questions or comment regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by Kevin Carr and approved (6-0).

The Commission discussed special conditions for this project as follows:

1.      Confirmation of the floor drains. If the floor drains are connected they should be abandoned and plugged.  Floor drains should only be connected to the sewer.
2.      Posting wetlands markers the entire length of the berm to delineate the wetland resource area.
3.      Remove the bicycle, tires, and other debris from the resource area.
4.      Relocate the dumpster towards the building and away from the proposed stormdrain structure.

Frank Taormina noted that the Operation and Maintenance Plan (O&M Plan) will be enforced beyond the issuance of a Certificate of Compliance, or a condition in perpetuity, and will be the responsibility of the property owner of record.  

There being no further questions or comments a motion was made by Keith Glidden to issue an Order of Conditions with special conditions, seconded by Joe Furnari and approved (6-0)

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 that the Commission held a site visit to the site on Saturday, January 20, 2006 and requested that they prepare a grading plan.  He noted that the design of the drainage system for the area requires that this site be graded so as to direct the flow towards Brook Street.  He also noted that an additional consideration is the present state of the bank of the brook opposite the proposed house.  He noted that at present, an eroded face approximately one to three feet in height extends across the lot.  He also noted that the brook’s banks are armored with stone immediately up stream and are so low immediately downstream that there is no threat of erosion.

Mr. Dick proposed that they install a hay bale barrier or other temporary erosion control measure along the water’s edge on the far side of the brook and regarding that portion of the existing bank to a more manageable slope and plant shrubs to stabilize the new bank.

Mr. Dick also noted that there is debris in the eroding bank and he has recommended to his client that he obtain the services of a licensed site professional regarding the possibility that some of the exposed materials may be asbestos shingles.

Mr. Dick also suggested that the Norway maple trees in the bank should be removed.

Michael Blier noted that the slope is steep.  Mr. Dick explained the slope and explained the details of the contour.

Keith Glidden asked about the status of the Licensed Site Professional (LSP) and the potentially hazardous material located on the opposite site of the stream on the Kapnis’s property.  

Mr. Dick explained that he has contacted an LSP but has not heard back from them.  He also noted that the buried material extends past the Kapnis’s property line.

David Pabich noted that the contour of the area might have changed over the years, due to filling and mentioned that the partially exposed material in question could be anything, and seconds the notion of hiring an LSP to determine the type of material and potential remediation of the material.

Mr. Kapnis addressed the Commission and stated that he wants to remove the material from the site.

Frank Taormina noted that there is another decision from the Zoning Board of Appeals (ZBA) that requires mitigation planting on that side of the stream and that the commission should review and approve the planting plan. He also mentioned that the LSP should determine whether the areas is adequate for planting wetland vegetation or will the area need to be remediated of potential hazardous material/soils prior to planting.

David Pabich stated that a copy of the report from the LSP should be sent to the Commission.

Michael Blier questioned the existing and proposed elevation on the plans.

Mr. Dick stated that it is hard to tell what the elevation is, but it is not far from 98.3.  He noted that staked hay bales will be used if necessary for erosion control lines.

Frank Taormina requested that the hay bale line be added to the site plan.  He also asked how roof runoff was being dealt with.  

Mr. Dick stated that the roof run off is designed to be trenched along the side of the house.  Mr. Dick also agreed to revise the site plans to properly show the existing and proposed elevations on site and locate the erosion control line.

Kevin Cornacchio asked what material they plan to use for the driveway.  Mr. Dick stated that they have discussed driveway pavers or gravel.

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 run off and the water going to Brook Street.    Mr. Dick noted that they will have roof drains and there will be no channeling of runoff.  

Fred Votta addressed the Commission and stated that he has met with the neighbors and apprised them of the project and expressed his support for the project.

Mrs. Manero of 17 Wheatland Street addressed the Commission and expressed her concern about what they will find there when they remove the fill that is there.  Mr. Kapnis stated that he would find out what is there and address it if necessary.  Mrs. Manero also expressed concern about the house blocking her view.

There being no further comments or questions regarding this matter a motion was made by Joe Furnari to continue the public hearing to February 9, 2006, seconded by Keith Glidden and approved (6-0).

Public Hearing – Abbreviated Notice of Resource Delineation- Leo Higgins – Purpose of Hearing is for a Determination of Wetland Boundary Line off Story Street

John Dick addressed the Commission and explained that there are two systems of flags out there and explained the locations.  He noted that there are two ways to see this site.  One is from the parking area and the other is from the park.

Mr. Dick noted that there is no wetland data sheet at this time noting that is will be easier for the Commission to tell him where to locate it.  He noted that the flags on the plan are + or – 10 feet from where they should be.  He recommended that the Commission continue the public hearing and hold a site visit.

Mr. Dick noted that there is a stream noting that it is a trace that runs all the way down to the B&M Railroad.  He noted that the stream is not perennial. Mr. Dick mentioned that at flag B-9 there is a natural spring, which appears to have fish in it.

Kevin Cornacchio asked if the area was vernal pools on the property.  Mr. Dick stated that he would not be surprised if there were any vernal pools in the area, but he has not seen one.

Kevin Cornacchio stated that he would like to visit the site when there is no snow on the ground.

Kevin Cornacchio opened the hearing up for public comment at this time.  

Councillor At Large Joan Lovely addressed the Commission and noted that there is another parcel that has been built in the area and may not be on the map.  She also noted that down below Story Street there is flow all year round.  Frank Taormina noted that from Cleveland Street all the way to Story Street is considered a wetland.

There being no further comments or questions regarding this matter a motion was made by Joe Furnari to continue the public hearing to February 9, 2006, seconded by Keith Glidden and approved (6-0).

A site visit was tentatively scheduled for Saturday, February 4, 2006.  The commission will meet at the park.  Frank Taormina will contact the commission members to confirm that meeting next week, and mentioned that anyone from the public interested in the site visit can call him next week for confirmation.

Old / New Business

Update to City of Salem Open Space & Recreation Plan

Frank Taormina informed the Commission that City Planner Lynn Goonin Duncan would be attending the February 9th or February 23rd meeting to discuss updating the City’s Open Space & Recreation Plan and the potential of using Conservation Commission funds to pay for the update.  He mentioned that the commission would need to vote to approve the allocation and use of the funds.

Frank also suggested that there would probably be a subcommittee formed for the update of the Open Space & Recreation Plan and that a member of the Commission would be asked to sit on that subcommittee.

Keith Glidden asked for a report on how much money is in the account and how much the update will cost? He questioned if other departments would be asked to contribute to this as well and suggested that he would like to see equitable distribution of the cost if possible.

Frank Taormina stated that he would look into how much is in the Conservation Commission account and assured the commission that he would relay all the other questions and concerns to the City Planner.

DEP #64-388—7 Brook Street wetland violations

Frank Taormina reported that the Pelletier property on 7 Brooks Street is currently in violation of several conditions.  He noted that the hay bale line is in disrepair needs to be replaced and the new storm drain is not being protected properly and sand/silt is running off the site and into the stormdrain.  

Kevin Cornacchio mentioned that he would like Frank to send illegal dumping flyers to the entire neighborhood because of the dumping of yard waste and other material into the brook.

Adjournment

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. (6-0).

The meeting was adjourned at 7:00 p.m.

Respectfully submitted by:

____________________________
Eileen M. Sacco, Clerk
Salem Conservation Commission
CC012606