Salem Conservation Commission
Minutes of Meeting
Thursday, February 9, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, February 9, 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 26, 2005 were presented for approval. David Pabich moved approval of the minutes of January 26, 2006, seconded by Joe Furnari 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 the Gulf of Maine Research Inc. requesting that the matter be continued to February 23, 2006. Joe Furnari moved to continue the public hearing to February 9, 2006, seconded by David Pabich 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
Frank Taormina addressed the Commission and noted that the Massachusetts Department of Environmental Protection (DEP) has flagged this project and held their own site visit earlier this week. Following the site visit, DEP forwarded a letter outlining their concerns with the wetland delineation. Frank then passed out copies of DEP’s correspondence to the Commission members, the property owner, and his wetland scientist.
John Dick, wetland scientist from Hancock Associates, noted that it is unusual for DEP to do that and that he would follow up with DEP. He requested that the Commission continue the public hearing to February 23, 2006.
Frank Taormina explained the conversation he had with DEP and mentioned that the applicant should submit a revised scaled plan with topography that clearly identifies the wetland delineation and that it should be stamped by a professional Land Surveyor or Engineer. He also noted that DEP would send a formal letter to the Commission and the applicant regarding the departments concerns at the site.
The Commission scheduled a site visit for Saturday, February 18, 2006 at 8:00 a.m.
David Pabich questioned whether the Commission should hold a site visit before the correct flags are placed. John Dick assured the Commission that he would have the area flagged for the site visit. He also noted that a plan stamped by a registered engineer would be submitted to the Commission.
There being no further questions or comments regarding this matter, a motion was made by Kevin Carr to continue the public hearing to February 23, 2006, 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 addressed the Commission and reported that Mr. Kapnis has contacted Bill Mitchell, Licensed Site Professional (LSP) from Clean Soils, and they spoke about the nature and the extent of the condition of the soils. He noted that they discussed the matter and he has not been hired officially as of yet.
Mr. Dick explained the different types of asbestos as being friable and non-friable and noted that this appears to be non friable which is a good thing and if it has to be removed it will be done in accordance with the Massachusetts Contingency Plan.
Mr. Dick stated that he feels that this is a conditional issue and if they meet all of the requirements for approval they would take a condition that all reports regarding the material on the site would be copied to the Commission and let the applicant abide by the law.
Mr. Dick noted that they have submitted revised plans and reviewed the changes to the plan. He noted that they are proposing to plant twelve (12) alders on eight feet centers in the eroded portion of the bank.
Michael Blier stated that eight feet centers might not be enough.
David Pabich stated that he sees no information that shows how the slope is current to the back lot line. Mr. Dick explained the slope and noted that the worst of the slope is in the location that Mr. Kapnis owns and noted the location on the plan.
It was noted that an existing tree looks as though it was planted over fill and a root mass will hold it.
David Pabich noted that hay bales could be a problem at the corner.
Frank Taormina asked whether the hatched area on the map would be re-graded to restore the original configuration of the bank. He noted that if the LSP determines that that the material must be removed, than the applicant will need to bring in clean fill to achieve the grade on the plan.
Mr. Dick stated that the area would not be graded and that the alders would be planted in a jute-mesh landscaping fabric, which will help the roots take.
Mr. Dick suggested that if the LSP determines that the soils be removed then, the applicant amend the order to discuss then process further.
Mr. Kapnis stated that he would proceed with executing a contract with the LSP and start that process.
Kevin Cornacchio asked Michael Blier if the planting plan was adequate. Mr. Blier stated that he feels that planting at 8-foot centers would be fine and noted that the planting should be done before the end of June.
Kevin Cornacchio asked if there was any tidal influence on the area. Mr. Dick stated that there is none.
Frank Taormina noted that the planting of trees to screen then neighbors view is a condition of a prior Zoning Board of Appeals (ZBA) and noted that after the commission had their site visit and seeing the erosion of the bank it makes sense to locate the trees there. He noted that the plantings would satisfy the ZBA condition and satisfy the commissions concerns with erosion.
Mr. Kapnis noted that the condition from the ZBA was the result of the neighbors wanting screening so they wouldn’t have to look at the house.
Kevin Cornacchio opened the hearing up for public comment at this time.
Mrs. Manero of 17 Wheatland Street stated that she does not want anything on the other side of her fence. Mr. Dick showed Mrs. Manero that nothing would be done on her property or in front of her property.
Fred Votta of Jefferson Avenue addressed the Commission and expressed his support for the project. Mr. Votta explained the flooding issue in the neighborhood and stated that this project should not exacerbate the situation.
Mrs. Manero of 17 Wheatland Street addressed the Commission and noted that the water level was extremely high during the recent heavy rains.
Mary Ritchie of 32 Lawrence Street addressed the Commission and expressed her concerns about flooding.
Kevin Cornacchio informed those present that the applicant has met all of the criteria established by the Wetlands Protection Act in relation to this application.
David Pabich stated that he would like to see the plantings as far to the left as their property will allow to assist in stabilizing the bank.
There being no further questions or comments regarding this matter a motion was made by Kevin Carr to close the public hearing, seconded by Joe Furnari and approved (6-0).
Joe Furnari moved to issue an Order of Conditions with Special Conditions, seconded by Kevin Carr and approved (6-0).
The Commission discussed special conditions for the project as follows:
1. The applicant shall be responsible for hiring a n LSP to investigate the material on the southern portion of the property, opposite the intermittent stream. Once the applicant has hired an LSP, his/her contact information and all correspondence shall be forwarded to the commission.
2. No work in the planting area shall commence until the applicant provides written proof from the LSP that the area is safe to disturb. If the LSP determines that the area must be remediated, the applicant shall amend this Order of Conditions so that the commission can review the Abatement Plan.
3. Jute-mesh Filter Fabric shall be used throughout the planting area to assist in stabilizing the bank.
There being no further questions or comments regarding this matter a motion was made by David Pabich to approve the Order of Conditions and Special Conditions, seconded by Joe Furnari and approved (6-0)
Public Hearing – Request for Determination of Applicability – 4 Blaney Street – Determination of Whether a Proposed Addition to a Multi Family Dwelling is within an area subject to jurisdiction of the Wetlands Protection Act
Frank Taormina noted that the applicant is not in attendance however he explained that the ZBA is requiring the applicant to prove that it is not subject to the WPA or Chapter 91. Frank stated that the proposed work is not subject to the WPA because it is more than 200 ft away from the coastal bank and is not subject to Chapter 91 because it is not located on filled or flowed tideland. For that reason Frank recommended that the commission issue a Negative 1 determination (proposed work is not subject to the WPA).
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 questions or comments regarding this matter a motion was made by Keith Glidden to close the public hearing, seconded by Kevin Carr and approved (6-0).
Keith Glidden moved to issue a Negative 1 Determination for 4 Blaney Street, seconded by Joe Furnari and approved (6-0).
Old / New Business
12 Almeda Street
Frank Taormina informed the Commission that the applicant for 12 Almeda Street lost the original Order of Conditions and has requested that the commission resign an original Order so that it can be recorded at the Registry of Deeds.
Enforcement Order – Lionel Pelletier – 7 Brooks Street
Frank Taormina informed the Commission that he issued an Enforcement Order to Lionel Pelletier, 7 Brook Street as the commission requested he do. Because Frank signed the Enforcement Order on the commissions’ behalf he is requested that the commission ratify the Order as a mater or procedure as identified in the WPA.
Joe Furnari moved to ratify the enforcement order for 7 Brook Street, seconded by Keith Glidden and approved (6-0)
Open Space Study
Frank Taormina informed the Commission that City Planner Lynn Duncan would try to attend the next meeting to discuss the possibility of allocating commission funds toward the update of the City of Salem Open Space & Recreation Plan.
Frank provided the commission with a spreadsheet identifying the total amount of funds in the Conservation Commission account.
Enforcement Order — Mark Tremblay — 7 Laurier Road
Frank Taormina informed the Commission that Mr. Tremblay has until the end of February to submit his Planting and Replication Plan, or as the Enforcement Order states the commission will levy fine of $200 per day. Frank assured the commission that he would contact the applicant next week to remind him of this.
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 7:45 p.m.
Respectfully submitted by:
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Eileen M. Sacco, Clerk
Salem Conservation Commission
CC020906
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