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Minutes, April 13, 2006
Salem Conservation Commission
Minutes of Meeting
Thursday, April 13, 2006

A regular meeting of the Salem Conservation Commission was held on Thursday, April 13, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street.

Those present were:  Kevin Cornacchio, Kevin Carr, David Pabich, and Keith Glidden. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk

Members absent: Joe Furnari and Michael Blier

Approval of Minutes

The minutes of the Salem Conservation Commission meeting held on March 23, 2006 were presented for approval.  David Pabich moved to table the approval of the minutes of March 23, 2006 for lack of a quorum, seconded by Kevin Carr and approved.

The minutes of the Salem Conservation Commission meeting held on March 29, 2006 were presented for approval.  David Pabich moved to table the approval of the minutes of March 29, 2006 for lack of a quorum, seconded by Kevin Carr and approved.


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 the history of the plan.  He noted that two months ago when the hearing was opened the question was if the plan in adequate for the purpose of the work.  He further explained that they surveyed the site per DEP and he explained the plan noting the flags that were placed on the site.  He noted that the toe of the slope describes the edge of the wetland.  Mr. Dick also noted that the revised plans were mailed to DEP today and were stamped by Wayne Jalbert.

Mr. Dick noted that comments made by DEP have not been addressed yet, but they intend to respond to them in the near future.  He also suggested that the Commission visit the site.

Frank Taormina noted that he has the comments from DEP and the Commission can review them when they visit the site.  He suggested that the Commission could cross reference them and make their own observations.

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

Councillor at Large Joan Lovely addressed the Commission and stated that she feels that the described intermittent stream is a stream and described the route she believes it takes.



Kevin Cornacchio suggested that the Commission visit the site on a weeknight and suggested Tuesday, April 19,2006. The Commission will meet at Castle Hill Park at 6:00 p.m.

There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the public hearing to April 27, 2006, seconded by Kevin Carr and approved (4-0).

Eileen Sacco informed the Commission that she spoke with Mr. Blier and he is on his way back from Lowell, MA., and is not expected to attend the meeting.


Public Hearing – Notice of Intent – Massachusetts Electric Company (dba National Grid) – Installation of Above Ground Switch Gear and Duct Bank at 89 Lafayette Street

Kevin Carr explained to the applicant that the Commission does not have quorum of members present this evening to vote on this matter and therefore the Commission will have to continue the public hearing to April 27,2006.

There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Kevin Carr and approved (4-0).


Public Hearing – Request for Determination of Applicability – Dominion Energy Salem Harbor Station – 24 Fort Avenue, Salem, MA., - Backfilling of Four Manmade Former Waste Water Treatment Basins and Removal of Associated Equipment

Kevin Cornacchio noted that he has to recuse himself from discussion of this matter and therefore there is not a quorum of members present to open this public hearing.

There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Kevin Carr and approved (4-0).


Public Hearing – Notice of Intent – John Warford – 21 Parallel Street, Salem, MA., Discuss After the Fact Clearing of Buffer Zone Vegetation and Minor Disturbance of BVW

Kevin Cornacchio read the legal notice for the public hearing that was published in the Salem News.

Frank Taormina updated the Commission on the history of the property and noted that an Enforcement Order was issued to the applicant to cease and desist all work until he gets approval from the Commission.  He stated that the applicant has submitted a plan and estimated the areas of disturbance noting that the Commission can look at that during a site visit.

Kevin Cornacchio asked the applicant if he has done any more work since the enforcement order was issued.  Mr. Warford stated that he has not done any more work on the site.  Kevin Cornacchio stated that he noted trash blocks on the property.  Mr. Warford stated that he thinks that is City owned property and people have been dumping on that site.

David Pabich asked to review the original Order of Conditions.  The Commission reviewed the original Order of Conditions.

Frank Taormina explained that the mitigation work proposed is to loam and seed the area.  Mr. Warford noted that there is a lot of new growth there right now.

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

Kara Coddens of 24 Parallel Street addressed the Commission and stated that she would have asked that the work not be done if she had been asked beforehand.  David Pabich invited Ms. Coddens up to review the plan and went over it with her.  Kevin Cornacchio also invited her to the site visit that the Commission will schedule.

The Commission will visit the site on March 20, 2006 at 6:00 p.m.

There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Keith Glidden and approved (4-0).


Public Hearing – Request to Amend Order of Conditions DEP File #64-396 – Massachusetts Electric Company (dba National Grid) – Discuss the Proposed Amendments to a Previously Approved Order of Conditions – 20 Pierce Avenue, Salem, MA.

Ken Lento addressed the Commission and reviewed the history of the work that has been done on this site.

Mr. Lento explained that they are requesting to amend a previously approved Order of Conditions to decrease the capping of a coastal beach and the dredging of 9,800 cubic yards of contaminated sediment from Collins Cove beside the coastal beach at 20 Pierce Avenue.  

Mr. Lento also noted that they are looking for direction on how to proceed with DEP file #64-368 and DEP File #64-251 to close them out.  He explained that the work has been done and reviewed the work with the Commission.  He noted that for DEP file #64-251 the work has been completed and explained the work that was done.  He noted that there was an area that they determined did not need to be capped because the levels of contaminants were not high enough, but they capped it anyway because of the proximity to the resource area. Mr. Lento also noted that they installed an additional manhole. For DEP File #64-368 Mr. Lento noted that they found some soil that they could not use as backfill and they capped that as well.

Mr. Lento referred to DEP File #64-396 and explained that they are proposing to reduce the size of the cap and the dredging and manage the dredge material on the landside of the site.  He explained that they have received the permits to cap the beach side and it was originally 81,000 s.f. and they are proposing to reduce that to 47,500 s.f.  He reviewed the resource areas on the plan and identified the areas of work.  He also reviewed the process that they will do to complete the work.  He also noted that the impacts during construction would be temporary.  He noted the green area on the plan where they will move material to be stored and dewatered.  He also reviewed the plans and the process for dewatering.  He also noted that some material may not need to manage in the green area and the water will be containerized and removed from the site.
Mr. Lento noted that the areas on the plan in blue and green are areas that are either going to be restored or covered by the beach cap.  He also identified the land subject to coastal storm flowage on the plan and explained the activity that will be in that area.

Frank Taormina asked if they have prepared a planting plan for the site.  He also recommended that the Commission visit the site.  He informed the Commission that this site is a high security area and they will have to visit the site as a group.

Kevin Cornacchio asked how long they expect the project to take.  Mr. Lento stated that the dredging will take about 8-10 weeks and the whole project about 6 months depending on the tide.

David Pabich stated that he is concerned about turbidity and suggested that they should install hay bales and a silt fence and if turbidity is an issue that will catch it.

Mr. Lento explained that the contractor would work in small sections and backfill as they go but that will be up to the contractor. David Pabich stated that this would be his preference.

Kevin Cornacchio asked if they would be monitoring for shellfish.  Mr. Lento stated that an Ecological Risk Assessment was done and explained the findings.

Kevin Cornacchio opened the hearing up for public comment at this time.  There was no one present who wished to comment on the project.

The Commission scheduled a site visit for April 27, 2006 at 4:30 p.m.  The Commission will meet on the Pierce Avenue side of the site.

There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Keith Glidden and approved (4-0).


Old/New Business

Request for Certificate of Compliance – DEP File #64-368 – Massachusetts Electric

Frank Taormina explained the request to the Commission.  David Pabich moved to issue a Certificate of Compliance for DEP File #64-368, seconded by Kevin Carr and approved (4-0)

Request for Clarification to previously issued Certificate of Compliance for DEP File #64-251

Frank Taormina informed the Commission that there are not enough members present who voted on the original matter and it will have to be tabled until April 27, 2006.

There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Keith Glidden and approved (4-0).

31 Ravenna Avenue – Mrs. Anne Pelletier

Frank Taormina explained that Mrs. Pelletier is present this evening for a follow up discussion on the status of her property.  He showed the Commission photos of the site and asked how the Commission wants to proceed.

Kevin Carr noted that he went to the site and noted that if Mrs. Pelletier wants to cut more up there she should file a Notice of Intent.

Mrs. Pelletier stated that she would like to clear some trees and brush and chip the brush.  She also stated that she would like to try and grade the slope.

Frank Taormina stated that it would be tough to stabilize the slope with chips.

David Pabich stated that she should file a Notice of Intent since significant work will be done on the site and he considers it a radical alteration.  He noted that the Commission should deal with what has been done after the fact and deal with what has already been done.

Mrs. Pelletier explained he intent and noted that since 1989 she has periodically cut the brush back.

Kevin Cornacchio explained to Mrs. Pelletier that she should present to the Commission what she wants to do.  David Pabich suggested that she obtain the services of a wetlands scientist to prepare a plan for this.  Frank Taormina stated that he would give Mrs. Pelletier some information on that.

Kevin Cornacchio suggested that Mrs. Pelletier keep the Commission informed to avoid fines and penalties.

Frank Taormina will send a follow-up letter for the Enforcement Order, indicating that the property owner must file a Notice of Intent within 60-day receipt of the letter.

Winter Island Road

Frank Taormina informed the Commission that Dick Rennard has approved the planting plan for Winter Island Road and explained that they are proposing to plant two red maple trees and two honey locusts.  He noted that areas on the plan.  He also noted an area on the plan where he has suggested that boulders be placed to keep vehicles from entering the public access area and noted that the Karam’s have agreed to be stewards of the area and maintain it.

Kevin Cornacchio suggested that a sign or a plaque be placed on the site that would identify it for public access and remove any further ambiguity.

2 Cedarview Street

Frank Taormina informed the Commission that 2 Cedarview Street would be filing a Notice of Intent for violation on site.

Adjournment

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 Kevin Carr and approved (4-0).

The meeting was adjourned at 8:30 p.m.

Respectfully submitted by:

____________________________
Eileen M. Sacco, Clerk
Salem Conservation Commission
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