Salem Conservation Commission
Minutes of Meeting
Thursday, April 27, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, April 27, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street.
Those present were: Kevin Cornacchio, Joe Furnari, Kevin Carr, David Pabich, Keith Glidden, 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 March 23, 2006 were presented for approval. Kevin Carr moved approval, seconded by Joe Furnari and approve.
The minutes of the Salem Conservation Commission meeting held on March 29, 2006 were presented for approval. Joe Furnari moved approval, seconded by Keith Glidden and approved.
The minutes of the Salem Conservation Commission meeting held on April 13, 2006 were presented for approval. Kevin Carr moved approval, seconded by David Pabich and approved.
Continuation of Public Hearing – Notice of Intent – Massachusetts Electric Company (dba National Grid) – DEP File #64-412 Installation of Above Ground Switch Gear and Duct Bank at 89 Lafayette Street
Kevin Cornacchio noted that the Commission visited the site and suggested that he would like to see a geogrid around the bank so if they drive trucks on it there will be no sinking around the area where the switch gear is located. He also stated that he would like to see them repair anything that is damaged in kind.
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 Joe Furnari to close the public hearing, seconded by Kevin Carr and approved (6-0)
Joe Furnari moved to issue an Order of Conditions with Special Conditions, seconded by David Pabich and approved.
Continuation of 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 Joe Furnari assumed the chair.
Meredith Summers addressed the Commission and explained the proposal to fill four former waste water treatment basins, one of which (#3) is located in the buffer zone. She noted that they had originally presented this to the Commission in November of 2002 and the Order of Conditions expired last November. She stated that they are proposing to implement the same Order of Conditions issued in 2002. She also stated that a stormwater pollution prevention plan will also be developed.
David Pabich asked if the surface around the basins is completely impervious. Ms. Summer stated that the area around the basins is asphalt and the area in the buffer zone is soil.
David Pabich asked if the remediation of the basins was done under another Order of Conditions. Ms. Summer stated that she was not sure if it would have been done under an Order of Conditions as it would have been considered routine maintenance to remove material from the basins. She explained that they routinely took out accumulated solids from the basins. She also noted that in 2001 when the wastewater treatment ceased operations there and went to the new facility they probably removed the solids from the basins.
Joe Furnari 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 Keith Glidden to close the public hearing, seconded by David Pabich and approved.
Keith Glidden moved to issue a Negative Determination 3, seconded by Kevin Carr and approved.
Continuation of 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 noted that the Commission visited the site. Frank Taormina noted that a DEP File # has been issued for the site.
Kevin Carr noted that he visited the site with Frank Taormina and noted that there are several stockpiles of debris on the site that should be removed. Frank Taormina noted that he did not find any wetlands violations from the work that was done on the site, but rather buffer zone infractions. He explained that on the left side of the site the buffer zone was disturbed and should be mitigated. He also noted that the applicant is proposing to loam and seed the area with a conservation grass mix.
Keith Glidden questioned if the applicant intends to prune the Conservation mix when it grows. Mr. Warford stated that he intends to just let it grow. Michael Blier suggested to Mr. Warford to just irrigate the area and just let nature take of itself.
Frank Taormina informed the Commission that a Certificate of Compliance was issued on the property in the past but the original was lost and never recorded at the Registry of Deeds. He suggested that the Commission issue a new Certificate of Compliance referencing the four conditions that are in perpetuity and run with the property forever. He also explained the process to Mr. Warford and the best way to handle the filing.
Kevin Cornacchio suggested that wetlands markers should be on the site. Frank Taormina stated that we would give the applicant the wetland markers to place at the perimeter of this approved lawn area and along the City of Salem/Salem Conservation Commission Land.
Kevin Carr moved to issue a Certificate of Compliance on the original Order of Conditions, seconded by Joe Furnari and approved.
Kevin Cornacchio opened the hearing up for public comment at this time.
Keith Small of Belvedere Avenue in Haverhill, MA addressed the Commission and questioned the process relative to a potential closing on the property, noting that the lender would look at the open Order of Conditions as a cloud on the title. Frank Taormina explained the plan and the proposed timetable for getting this done.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by Kevin Carr and approved.
Keith Glidden moved to issue an Order of Conditions with special conditions for 21 Parallel Street, seconded by Kevin Carr and approved (5-0-1) with Michael Blier abstaining.
Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-409—Leo Higgins, 24 Eagan Place, Peabody, MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street.
John Dick of Hancock Environmental addressed the Commission and explained the plans. He noted that he would be asking for a continuance because they have not prepared the revised plans yet. He noted that the area that has been represented as a flowing stream shows as an intermittent stream on the USGS map and there is a watershed of a ½ square mile. He explained the process for their calculations.
David Pabich stated that he thinks that the watershed might be twice the size that they think it is.
Kevin Cornacchio noted that a peer review has been suggested for this project. Frank Taormina suggested that the Commission wait to decide on a peer review until the revised plans are received and then the Commission should hold another site visit.
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 Keith Glidden to continue the Public Hearing to May 11, 2006, seconded by David Pabich and approved (6-0).
Continuation of 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 noted that the project was presented at the last meeting and a site visit was held this evening. He explained the revised plans and noted that a truck wash area will be on site and trucks will be washed before leaving the site as well as there will be a separate set of trucks for moving the sludge.
He also noted that a replication plan needs to be filed for the area that will be disturbed and they will submit that to the Planning Department.
Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter.
Frank Taormina suggested that approval be contingent on the submittal and approval of a Planting and Replication Plan.
There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Joe Furnari and approved (6-0).
David Pabich moved to issue an Order of Conditions with the special condition that the approval is contingent on the submittal and approval of a Planting and Replication Plan, seconded by Kevin Carr and approved.
Partial Certificate of Completion – Massachusetts Electric Company – DEP File
#64-251
Frank Taormina explained that the original order issued was never recorded at the Registry of Deeds and recommended issuing a partial certificate of compliance.
Joe Furnari moved to issue a Partial Certificate of Compliance for Massachusetts Electric Company DEP File #64-251, seconded by Keith Glidden and approved.
Public Hearing – Request for Determination of Applicability – Glenn and Carol Maynard – 51 Osgood Street, Salem, MA. – Determination of work involving the installation of an above ground pool within the buffer zone to a Coastal Bank and Land Subject to Coastal Storm Flowage
Mr. Maynard addressed the Commission and explained his plans to install an above ground pool within the buffer zone to a coastal bank and land subject to coastal storm flowage. Frank Taormina explained the plans and the location of the proposed pool. He also noted that there is a seawall on the site that is 4-5 feet high.
The Commission reviewed the plan and Frank Taormina reviewed aerial photographs with the members noting the lot lines and the back property line.
Kevin Cornacchio expressed concern about the discharge of pool water containing chlorine into the resource area. He noted that he thinks there is chlorine that is environmentally safe and advised the applicant to look into that.
David Pabich agreed and asked if it is plausible to not drain the pool into the resource area. Mr. Maynard stated that there is a nearby storm drain that they would be able to use.
Mr. Maynard noted that he feels that the project will have a minimal impact on the resource area and further noted that he has never had a problem with coastal flooding.
Kevin Cornacchio asked if the Commission wanted to hold a site visit on this project. The members agreed they would like to have a site visit.
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 Keith Glidden to continue the public hearing to May 11, 2006, seconded by Joe Furnari and approved (6-0)
Public Hearing – Notice of Intent – Salem State College – Proposed Construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the Existing Baseball Field (Jackman Field)
Kevin Cornacchio read a letter from Salem City Council President Jean Pelletier requesting that the matter be tabled until members of the Council arrive at the meeting as they are having a city council meeting this evening.
Joe Furnari moved that the matter be tabled as requested, seconded by Kevin Carr and approved (6-0).
Public Hearing – Notice of Intent – Pasquanna Developers, Inc. – 31 Collins Terrace, Lynn, MA. – Activities Associated with the Implementation of a Release Abatement Measure (RAM) Plan within the buffer zone to a coastal bank and Riverfront Area at 18 Thorndike Street
Joseph Orzel of Gulf of Maine Research addressed the Commission and noted that also present this evening is Hugh Mulligan of Gulf of Maine and the owner Patrick DeIulis.
Mr. Orzel explained the location of the property and noted that it is adjacent to the site of the Bridge Street bypass road. He showed photographs of the area and noted that the property is on a coastal bank, land subject to coastal storm flowage and a riverfront area. He estimated that the MHW mark is at 4-4. He also noted that the inner and outer riparian zone is noted on the plan.
Mr. Orzel explained that they propose to excavate soil along the Thorndike Street side of the property, noting that they would excavate two feet. He further explained that the soil would be tested and removed from the site. He also noted that they plan to install a row of hay bales along the coastal bank.
Hugh Mulligan addressed the Board and explained that some testing was done on the site, noting that the site is the former Welch Construction yard. Dr. Mulligan explained that 13 test pits were done on the site and the contamination that was found was identified as coal and coal residue. He also noted that coal ash was detected and may have been mixed in with the fill. He further noted that the samples taken showed the contamination within the two feet excavated and there was none detected below that level.
Dr. Mulligan noted that the contamination is concentrated mostly on the Thorndike Street side of the property. He also stated that they are looking for a facility that will take the soil and are waiting for a response from some companies. He also noted that the RAM was filed with DEP on April 13, 2006.
Dr. Mulligan stated that his client is anxious to clean up the property and develop it.
David Pabich asked if the history of the site is that there is fill on top of natural soil. Dr. Mulligan stated that the contamination is coal ash and stated that he does not know when the fill was placed there.
Kevin Cornacchio questioned who is responsible for the testing. Dr. Mulligan stated that a Licensed Site Professional who is licensed by the state to monitor these kinds of projects will be onsite. He further explained that MCP procedures have to be followed to the letter and the LSP has to certify that the MCP has been adhered to.
David Pabich asked if there is an activity or use limitation on the site. Dr. Mulligan stated that there is no activity or use limitation on the site and noted that since they reported it to DEP and they are remediating he site there would be no activity or use limitations. He also noted that the property is zoned residential and the goal is to develop it.
David Pabich asked if there was any data available from the test pits and the monitoring wells. Dr. Mulligan reviewed the plans and noted that of the 17 test pits that were done, 14 or 15 of them were in the jurisdiction of the Commission.
David Pabich asked to have the exact areas of excavation located on the plans. Dr. Mulligan explained that it is the entire rear of the property and noted the locations where the staging area for the contractors would be located near the Salem/Beverly bridge.
David Pabich stated that he would like to see more details regarding erosion control measures proposed. He specified that he is interested in the methodology of the construction and how it is going to march along, noting that he would like to see the proposed stockpile locations on the plan.
Kevin Cornacchio opened the hearing up for public comment at this time.
Bill Simmons of 9 Hubon Street addressed the Commission and stated that he is concerned about the potential density of the site. He stated that he grew up there and recalled the history of the site noting that there were once gas pumps on the site and railroad cars were also parked there.
Frank Taormina stated that the Commission needs to see where the areas of contamination are. He explained that the LSP reports to the state and has to submit reports noting that this is another level of oversight for the Commission.
Joe Bennett of 15 Hubon Street addressed the Commission and expressed his concern about foundations caving in. He questioned that if they are going to dig two feet how they are going to assure that the bank is not going to slip.
Kevin Cornacchio suggested that the Commission visit the site. He requested that the developer submit a plan with the resource area noted as well as the methodology for the process.
There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to May 11, 2006, seconded by Joe Furnari and approved (6-0).
Public Hearing – Notice of Intent – Salem State College – Proposed Construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the Existing Baseball Field (Jackman Field)
Joseph Donovan, Vice President of Administration and Finance for Salem State College addressed the Commission and explained that they are proposing to construct an NCAA Baseball Field on the site of the GRTE/Sylvania glass landfill and part of the existing Jackman field. He explained that they have held public meetings with the neighbors on several occasions over the last few months. He also noted that the design of the field is similar to the soccer field that the college built last year. He introduced Mike Howard of Epsilon Associates to address the Commission.
Mr. Howard addressed the Commission and explained the proposed plans for the baseball field. He showed aerial photographs of the site. He explained that the site is in land subject to coastal storm flowage. He also explained that they are proposing an extensive storm water management system. He reviewed the plans and showed photographs of the site.
Chris Huntress addressed the Commission and explained the design of the ball field. He also explained the materials that will be used and construction process. Mr. Huntress explained that they will be doing some filling to achieve the regulation grade for the field, which can be no less than 1%. He also stated that there would be a four-foot retaining wall.
Mr. Huntress explained the access to the site for construction vehicles.
Rick Gorman addressed the Commission and explained the drainage plan for the site and reviewed the proposed drainage system as well. He noted that the majority of the runoff will be collected in drains and discharged to an outfall pipe.
Kevin Cornacchio asked about the storage under the field. Mr. Gorman explained that it is like a parking lot model with a sub field as storage.
Dave McDonald of Woodward and Curran addressed the Commission and explained the design of the landfill. He noted that the existing monitoring network will stay in place.
David Pabich questioned if they are planning to abandon the landfill. Mr. Gorman stated that they have submitted the design to DEP for approval. Mr. McDonald explained the DEP benchmarks for a Reuse Permit. He explained the steps involved which include a Geotechnical Survey and a risk assessment has to be done on the site as well.
David Pabich asked how long they expect to wait for the results of the Geotechnical Survey. Mr. McDonald stated that it should take 30-60 days and the DEP review should take from 60-120 days.
Frank Taormina requested that the commission be notified of the boring work even though it is exempt, so that he can answer questions if anyone from the public calls. Mr. McDonald agreed that they would do that.
David Pabich expressed his concern about harming the salt marsh noting that there are mosquito dishes and there could be a scouring issue as well. Mr. McDonald explained that heavier storms are handled by the drainage system and explained the process.
David Pabich asked for information concerning the traffic route for the construction vehicle during the project.
Kevin Cornacchio suggested a geogrid and grass pavers on the site for the fire access road. He also noted that there is a history of opening and closing the Forest River tidal gates and explained the history of that.
Kevin Cornacchio opened the hearing up for public comment at this time.
Kevin Cornacchio expressed his concern about comments made in a letter from Mr. Welch of the Greenhouse School and his criticism of the Conservation Commission and the process of notifying abutters of this meeting.
Frank Taormina explained that the Commission is following the Open Meeting Law and further noted that letters received by the Planning Department were responded to by mailing a copy of the agenda to all that responded.
Ward Seven Councillor Joseph O’Keefe addressed the Commission and questioned if this permit should be granted to Salem State College as the owner of the property is the Salem State College Assistance Corporation, which is separate from the College. Councillor O’Keefe also asked that the Commission ask for a peer review of the materials submitted for this project. He also expressed concern about emergency access and requested that the Commission visit the site and that a memorandum of understanding with the college be executed regarding all of these issues. He also stated that he thinks there will be a problem with foul balls in the wetlands.
Councillor At Large Mark Blair addressed the Commission and noted that he was very involved in the landfill project as the Ward Seven Councillor and recalled that many meetings were held on that project. He also noted that this is the only city board that this project will come before and noted that a lot weighs on the conditions that the Conservation Commission place on this project. He also stated that he feels that there will be a problem with foul balls in the wetlands.
Council President Jean Pelletier addressed the Commission and thanked the Commission for indulging the council and waiting to start this hearing until they finished their meeting. He stated that he would like the Commission to tape these meetings and requested that a peer review be done on the information submitted.
Ward Two Councillor Mike Sosnowski addressed the Commission and stated that he is concerned about venting the cap and what will be venting if they remove the vents.
Frances Ruggerie addressed the Commission and stated that he would like a calendar of meetings of the various boards and commissions that will review this project. He also expressed concern about Lincoln Road being city property and planting on city property as well as the boundaries to the wetlands.
Thomas Moran of 6 Fairview Avenue addressed the Commission and expressed his concern about the integrity of the liner and heavy vehicle traffic. He stated that he is concerned that the contamination will be released in the field and the liner was designed to prevent that. He also stated that a wildlife study should be done noting that there is wildlife habitat in the area. Mr. Moran also expressed concern about the heat of the sun on the astro turf and the impact it will have on people in the area.
Bill Colehower of 8 Fairview Avenue addressed the Commission and noted that there seems to be more concern here this evening than there is support for this project. He stated that he is concerned about the fence posts penetrating the cap and the contamination could get into the salt marsh.
Councillor O’Keefe addressed the Commission again and stated that there should be no lights on the site.
Paul O’Toole of 14 Sunset Road addressed the Commission and stated that he is concerned that there has been a lot more water on the site since the cap was done and he is concerned about the landfill moving.
Dan Welch of 143 Loring Avenue addressed the Commission and stated that he takes exception to his letter being read as it was and stated that he feels that he was ridiculed. Keith Glidden addressed Mr. Welch and explained the role of the Conservation Commission. Frank Taormina also informed Mr. Welch that he is not considered an abutter to this property.
Mr. Donovan from Salem State College addressed the Commission and stated that Salem State College welcomes public comment and they have tried to make this project ecologically responsive and they are working to meet the comfort level of the neighbors and the Conservation Commission.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the public hearing to May 11, 2006, seconded by Joe Furnari and approved (6-0).
Public Hearing – Request to Amend Order of Conditions – DEP File #64-410 – 96 Swampscott Road, Salem, MA. – Construction of 30 Space Parking Area
Susan St. Pierre addressed the Commission and explained their request for an amendment to their order of conditions for the construction of a new 30 space parking lot within a riverfront area. She noted that 68% of the site is in the riverfront area and they are proposing this addition to the plans to meet the demand for parking on the site if the plans for an office type use go forward. She further noted that if it does not turn out to be an office type use, the parking will not be needed.
Ms. St. Pierre reviewed the Riverfront restoration plan they are proposing. She noted that there will be selective cutting along the pond and they will clean up the area. She further noted that cutting will be done by hand.
Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter.
Kevin Cornacchio suggested that the Commission visit the site and requested that the area for the parking area be flagged for the site visit. The Commission will visit the site on Wednesday, May 3, 2006 at 6:00 p.m.
Old/New Business
Frank Taormina informed the Commission that the YMCA at Leggs Hill will be on the agenda for the next meeting and the DiBiase project is expected to file with the Commission soon.
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 (6-0).
The meeting was adjourned at 10:30 p.m.
Respectfully submitted by:
____________________________
Eileen M. Sacco, Clerk
Salem Conservation Commission
CC042706
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