Salem Conservation Commission
Minutes of Meeting
Thursday, May 11, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, May 11, 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 April 27, 2006 were presented for approval. Kevin Carr moved approval, seconded by Joe Furnari and approved (6-0).
Continuation of 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) – 71 Loring Avenue
Mike Howard addressed the Commission and explained that they have been working diligently since the last meeting. He noted that revised plans have been submitted and reviewed the plans. He noted that the interpretive tidal marsh has been relocated and trash receptacles have been added to the plan as well. He also noted that they have also provided for porter potty enclosures and bike racks as well as protective netting along left field and they have raised the backstop to 24 feet.
Mr. Howard reviewed the revised plans sheet by sheet with the Commission. He noted that the stormwater management report shows the detail of the water quality swale. Jay Mazilewski of Judith Niche Associates explained the design of the drainage system. David Pabich suggested that they bring it down into the existing rip rap so as not to have a significant impact on the existing slope.
Michael Blier suggested a combination of rip rap and meadow slope and explained that if they plant it on top of the rip rap to stabilize the slope a little more and noted that he would hesitate to introduce more into that pipe.
Kevin Cornacchio stated that he would like to see softer drainage as opposed to hard flow. Mr. Howard noted that they are using 100 feet of pipe to allow enough perforations for an outlet.
David Pabich noted that the extent of the rip rap down slope should be shown on the plans. He also suggested that they should minimize the proposed rip rap at the toe of the slope.
Kevin Cornacchio asked how the water quality swale terminates. Mr. Howard explained that it grade levels out.
Frank Taormina noted that they are proposing creeping Juniper along the entire walkway fronting the coastal bank, which is a ground cover, low, slat tolerant plant with a root system that growth outward and not downward, sot not to disturb the landfill cap.
David Pabich suggested that the make a hook turn and go straight down hill with it.
David Pabich also requested more information on how they are going to terminate the swale.
Mr. Howard noted that they have increased the height of the backstop and added an end elevation to the visitor’s dugout. He also noted that they have showing ticket booth windows.
Mr. Howard noted that they have adjusted the depth of the free draining gravel sub base from 6” to 12” at the request of the city engineer. He also noted that additional stone is being used for storage of stormwater during a storm event.
Mr. Howard explained that they have included grass pavers as suggested but they are still waiting for more information on the geotech survey.
Frank Taormina stated that he is concerned about after grass grows through the grass pavers that geotech area will be hidden. He suggested that the area be delineated somehow with states, markers, etc, similar to the grass paver area previously permitted to service the outfall structure for the Central Campus Residence Hall project.
David Pabich stated that he would like to see a truck washing facility on the construction site. He also noted that the runoff can get ugly and suggested that they long run out over stone before they get to the washing facility. He stated that he would like more information on how they plan to handle this.
Mr. Howard noted that they have included trash receptacles, park benches, and propose to use wood other than pressure treated which has yet to be determined. He stressed that pressure treated lumber would not be used.
David Pabich asked if the netting planned for left field would stay up all the time. Tim Shea stated that it could be put up and taken down for event. David Pabich suggested that the neighbors would probably rather see a neutral color for the netting.
Mr. Howard reviewed the ground cover proposed and the landscaping plan. Frank Taormina noted that everything they proposed is native and salt tolerant.
Kevin Cornacchio opened the hearing up for public comment at this time.
Ward Seven Councillor Joseph O’Keefe addressed the Commission and informed them that he attended a meeting with Mayor Driscoll, SSC President Nancy Harrington, Councillor Mark Blair this afternoon in the Mayor’s office. He stated that the Mayor is putting together a task force to work on issues surrounding this project such as parking, lighting, and use etc.
Councillor O’Keefe also asked that the Commission ask for a peer review of the engineering plans for this site.
Councillor O’Keefe commended the Commission for the work that they do.
Atty. George Atkins stated that the College is working diligently with the city on this project.
Bill Colehower of 8 Fairview Avenue expressed his concern about the possibility of penetrating the glass landfill and requested information on the membrane covering it.
Barbara Warren of 5 Hardy Street addressed the Commission and expressed her concerns about trash management and operations and maintenance of the site. Tim Shea stated that there would be a custodian on duty at all events. He also explained the route that spectators would use to get from one area to another and noted it on the plan. Mr. Shea also noted that the field would be off limits when there are no events schedules.
Francis Ruggerie of 450 Lafayette Street of the South Salem Neighborhood Association addressed the Commission and expressed his concerns about mosquito control. Mr. Howard explained that there are performance standards that they have to follow regarding pesticides. He reviewed the drainage plan which they modeled after the plan they did for the Salem State dorms and noted that they considerably reduced the impervious surface on the site. He also noted that the use of a synthetic fields eliminates the use of pesticides and herbicides.
Mr. Ruggerie requested a calendar of meetings that are scheduled regarding this project. He also noted that he is concerned about public safety issues such as leaving large machinery on the site at night during construction.
Mr. Ruggerie also asked how they seal the cap if it is penetrated during construction. Mr. Howard explained that DEP has determined that they could allow up to a two week period for the liner to be open without harming the glass landfill. He explained that after the test borings were done the liner was patched and heat welded and the seal was tested to be sure it was appropriate.
Liz Vargo of Lincoln Road addressed the Commission and expressed concern about the proposed pulley system for the netting in left field. Mr. Shea explained that the field would be used from late March to early May and the schedule would be 12-14 games. He also stated that they would like the option to hold field hockey games and lacrosse games on the site as well as informal intramural games.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to May 25, 2006, seconded by Kevin Carr and approved (6-0).
Continuation of 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
Mrs. Maynard addressed the Commission and stated that she submitted the specs for the chlorine as requested by the Commission. She explained that they propose to use Nature 2 System which releases copper and silver into the water which kills algae and bacteria and uses 80% less chlorine into the water. She also noted that she was told by Namco and Linda’s Pools that the chlorine in the pool dissipates when the sun hits it.
She also noted that they are not going to drain the pool unless they have to and would not drain it into the resource area.
Kevin Cornacchio stated that either option of the chlorine presented is acceptable.
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 comments regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by Keith Glidden and approved (6-0).
Kevin Carr moved to issue a negative determination 2, seconded by Keith Glidden and approved (6-0).
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 addressed the Commission and noted that they have delineated the wetland boundary line on the plan and noted that they are in general agreement with the location of the adjusted flag placement on the site. He also noted that they are dealing with Bordering Land Subject to Flooding and Isolated land subject to flooding that does not appear to overflow.
Mr. Dick stated that he reviewed the line of flags that were adjusted. He also noted that there is a watercourse that flows through the middle of the site and noted that
David Pabich was correct in his thinking that there was more to the watershed area and that it is a much larger area. He noted that the 1984 USGS map reflects a time when that system was not in operation. He stated that it is an intermittent stream that could be changed to perennial if the maps are revised.
Mr. Dick noted that there is a lot of municipal drainage to this site. He also noted that DEP does not have any more recent mappings of the area.
Mr. Dick stated that he stands by his contention that it is an intermittent stream and they will have to deal with the rest of it if a development plan for the site is ever submitted. He asked that the Commission approve his plan for the edge of the wetland.
Dave Pabich suggested that the commission consider hiring an outside consultant, wetland scientist, to review the delineation and definition of the resource area identified by Mr. Dick.
Frank Taormina recommended that the Commission visit the site again and review the changes to the delineation and if they are still not satisfied than they can consider hiring an outside consultant to review the wetland line.
Keith Glidden stated that he is concerned about the determination of the water flowage but noted that it could be determined later.
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 continue the public hearing to May 23, 2006, seconded by Keith Glidden and approved (6-0).
Continuation of 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 noted that a site visit was held by the Commission and the Commission asked that they look at the possibility of having one way in and one way out to reduce the impact to the BVW. She explained the plans and noted that the stormdrain lines have been relocated and they have eliminated the vertical retaining wall. She also noted that it may be a possibility that the parking area will never be constructed.
Scott Patrowicz explained the plans to the Commission.
David Pabich suggested that they submit a plan that shows the river front restoration and that they investigate thinning out the brook to get the water moving.
Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter.
Susan St. Pierre explained that in the event that they do not build the parking area they would like the capability to be able to submit a planting plan for that area instead of the parking lot. She suggested that the Commission could make that a condition of approval and that way they could get a full certificate of compliance for the site if they do not build the parking lot.
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 amend the Order of Conditions for 96 Swampscott Road, with special conditions, 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
Joe Orzell of Gulf of Maine Inc. addressed the Commission and noted that at the last meeting the Commission requested more information regarding the RAM Plan Excavation protocol.
He stated that they have revised the plans and submitted them to the Commission.
Dr. Hugh Mulligan addressed the Commission and explained that as indicated in the RAM plan for the site, excavation to a depth of 2 feet BOS is proposed for the portion of the property along Thorndike Street and that portion along the North River within the Buffer Zone behind the Coastal Bank.
He also noted that in order to expedite backfilling of the excavations, confirmatory soil samples will be obtained before the soil excavation and disposal program is initiated. He also stated that they will know the depth of the necessary excavation prior to any excavation for soil removal and additional soil sampling will occur across the area to excavated. He also explained that soil samples will be collected from the surface at two foot depth intervals and will be analyzed for Extractable Petroleum Hydrocarbons (EPH) and Polycyclic Aromatic Hydrocarbons (PAH) . Soil samples within the Buffer Zone to the Coastal Bank will also be analyzed for Polychlorinated Biphenyls (PCB’s). Also, additional soil samples will be obtained from deeper depths and held for subsequent analysis if necessary.
Dr. Mulligan explained that once this testing is complete it will be possible to excavate the contaminated soil immediately and load it into a trailer and take it to a disposal facility. He noted that after each truck load has been removed, the excavated areas will be backfilled and the surface will be seeded and mulched.
Dr. Mulligan also noted that a one hundred cubic yard stockpile of clean fill will be stockpiled on the property outside of the 200 foot Riverfront Area until the project is completed.
Dr. Mulligan also explained that prior to any excavation within the 100 foot buffer zone of the Coastal Bank, hay bales and a silt fence will be installed and maintained as a limit of work area above the coastal bank and will remain in place until the disturbed area within the buffer zone is stabilized by vegetation.
Pat DeIulis explained that they will excavate the material that has to be removed and rebalance the site. He also noted that they will replace the material along the property line and rebalance the site with material that is there.
Frank Taormina suggested that the Commission visit the site to determine where that hay bale line is appropriate.
Kevin Cornacchio confirmed that they will not be stockpiling the contaminated material on site. Dr. Mulligan stated that they would removed it immediately.
Frank Taormina suggested that they have wheel washing station on the site. Dr. Mulligan stated that they will have a water truck on the site to keep the dust down and they could use that for washing the wheels if they have to.
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 continue the Public Hearing to May 25, 2006, seconded by Keith Glidden and approved (6-0).
Continuation of Public Hearing _ Notice of Intent – DEP File #64-385 – Dan Hibbard – AAA Tree Services- Proposed Site Work Within the Buffer Zone to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road
Joe Orzel addressed the Commission and stated that for several months he has tried to contact Mr. Hibbard but he has received no response from him and he has no additional information to present to the Commission.
Frank Taormina informed the Commission that they have every right to deny this application for lack of information.
Pat DeIulis stated that the applicant did not do much work on the site. Frank Taormina disagreed noting that there were violations on the site that still need to be corrected. He suggested that the Commission visit the site to determine what needs to be done to mitigate the outstanding violations.
David Pabich stated that he is inclined to deny the project and issue an Enforcement Order.
Joe Furnari stated that Mr. Mongello has been very cooperative with the Commission.
Frank Taormina stated that he is not prepared to issue a denial of the Notice of Intent or an Enforcement Order tonight and recommended that the members hold a site visit to discuss the violations and reasons for denying the Notice of Intent, should the Commission vote and agree to do so.
Pat DeIulis stated that there could be a difference in what the Commission perceives as a violation.
Frank Taormina stated that he has photos of the violations and they will cross-reference them at the site visit, so there will not be any ambiguity.
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 he Commission visit the site on Thursday, May 25, 2006 at 5:00 p.m.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the Public Hearing to May 25, 2006, seconded by Keith Glidden and approved (6-0).
Public Hearing – Request for Determination of Applicability – Angelo Mongello – Determination of Work Involving the Installation of a Small Sewer Grinder Pump Station to Service Five Existing Homes at 120 Swampscott Road
Scott Patrowicz addressed the Commission and explained that the applicant proposes to install a small sewer pump station for five existing houses. He noted that the houses currently are all serviced by septic systems and the proposed pumping station is to be located approximately 70 feet from the buffer zone from the BVW that exists across Swampscott Road. He also noted that the work area is enclosed by existing stone walls that are ideal for the limit of work demarcation and erosion control.
Scott Patrowicz also explained that the gravity lines and force pumps already exist on the site and the work proposed is only for the excavation, backfilling for the small pump station and connecting those existing lines at the pump. He estimated that the work would take about three days and all disturbed areas will be loamed and seeded.
Frank Taormina noted that the area is within 100 feet of an intermittent stream. He noted that the Commission is going out to the area anyway and suggested that they view the location of this new proposed project on site.
Scott Patrowicz stated that they would be running the power for the pump overhead. Patrick DeIulis stated that they could look at running the power underground and suggested that the Commission look at that at the site visit. He also noted that the electric company would decide where the meter will go.
Kevin Cornacchio suggested a site visit for Thursday, May 25, 2006 at 5:30 p.m.
Kevin Cornacchio opened the hearing up for public comment at this time.
Mr. Hutchinson addressed the Commission and expressed his concern about the underground brook on the site. Frank Taormina stated that the culvert is shown on the plan.
Barbara Warren of 5 Hardy Street addressed the Commission and questioned whether the Engineer would verify the sewer noting that there was a situation in Danvers where there was a problem with a sewer project. Frank Taormina noted that another permit is required for the sewer connection from DEP.
Kevin Cornacchio asked what would happen to the septic tanks on the site. Mr. DeIulis stated that they would be crushed and filled with sand. He also noted that the Board of Health would monitor the process.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the Public Hearing to May 25, 2006, seconded by Kevin Carr and approved (6-0).
Public Hearing – Notice of Intent – 2 Cedarview Street – Karen Venezia – Discussion on the Construction of a Stone Retaining Wall within a Riverfront Area
Karen Venezia addressed the Commission and that she is not sure what the Commission wants.
Sherry Venezia addressed the Commission and stated that she is the realtor who sold the property. She explained the history of the property and noted that there was dumping and debris was in the Forest River. She noted that a partial retaining wall constructed of railroad ties was never completed on the site and it decomposed so when Karen Venezia purchased the property she wanted to clean that up. She stated that they did not know that they needed permission from the Conservation Commission or that it was within 100 feet of a river front area.
She also noted that Johnny Cashman did some work on the site and he didn’t know that they had to get approval either.
Frank Taormina explained that the applicant has to propose the work that they want to do and the Commission reviews and approve it. The Commission’s role is not to tell the applicant how to do their proposed project. The applicant must hired a professional engineer to advise her and put together a site plan and details of the retaining wall, certifying that it will be constructed safely.
Sherry Venezia stated that they were going to place stones symmetrically to enhance the area and stabilize it. She also noted that they were not using any heavy machinery on the site and they were using a small backhoe from the driveway side of the site.
Frank Taormina stated that they may need a building permit as well because the the scope and size of the retaining wall.
David Pabich stated that this is an insufficient plan and the Commission needs more information. He explained that the Commission needs a plan that shows the area and the work that they intend to do. He suggested that Ms. Venezia hire a professional engineer to prepare her a plan.
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 25, 2006, seconded by Kevin Carr and approved (6-0).
Public Hearing – Notice of Intent – YMCA of the North Shore – Proposed Construction of a New YMCA Facility and Associated Appurtenances and a Proposed Subdivision Roadway for Future House Lots, Portions of Which are in a Buffer Zone to an Inland Bank, off Leggs Hill Road.
Kevin Cornacchio read the legal notice as published in the Salem News.
Atty. George Atkins addressed the Commission and explained that they have presented this plan to the Planning Boards in Salem and Marblehead as a Preliminary Subdivision plan and are now in the process of going through the Definitive Subdivision plan process. He explained that they are proposing ten house lots, which conform to zoning, and a small portion of the property where work will be performed is in the buffer zone.
Matt Varrrell addressed the Commission and explained the project noting that the bulk of the project is outside of the buffer zone to the un-named pond. He also noted that there is a Riverfront Area involved and noted it on the plans. He stated that there is no flood plain on the site and no rare species or habitat on the site.
Mr. Varrrell stated that the house construction is not part of this filing and the only construction in this plan is for the YMCA facility.
Mr. Varrrell explained the storm water management plan for the site. He explained that they propose deep sump catch basins and explained the discharge plan for the site and the route that the drainage would take on the plan.
Mr. Varrell stated that the Operation and Maintenance Plan will include sweeping the streets twice a year and will maintain the detention area. He also noted that they would be reducing TSS by 80%. He also noted that they are grading to 25 feet from the edge of the wetland.
Keith Glidden asked if there was any vegetation at the boundary of the pond noting that the plan shows a tree. Mr. Varrrell stated that from the base of the retention pond back to the base of the pond would not have to be disturbed. He further noted that a detailed survey data of the trees was submitted and there may be some large caliper trees along the edge of the bank that will not be disturbed.
Keith Glidden stated that he would like to have a site visit.
Chris Nowak addressed the Commission and explained that it is possible that the YMCA is not going to develop the house lots themselves, but whoever does develop them will have to come before the Commission for approval.
Frank Taormina questioned if there was any room to move the 25-foot strip noting that this is a bare minimum plan.
A discussion was held regarding the cul-de-sac and the location of equipment. Mr. Nowak explained that the City Engineer, Bruce Thibodeau reviewed the plan and was concerned about the City of Salem maintaining the equipment and suggested a relocation so that the equipment could be managed by the YMCA.
Frank Taormina suggested that they make the cul-de-sac a vegetated swale to allow for some infiltration, instead of discharging all the runoff into the pond and BVW.
Mr. Nowak stated that they looked at that and explained the logistics of why they prefer not to do that.
David Pabich suggested a water quality swale. Mr. Nowak stated that a swale takes up a lot of room and minimum lot size, road width, etc, was an issue.
David Pabich asked where their proposed snow storage areas are. Mr. Nowak explained that the front yards of the homes would be snow storage areas for those parcels and the YMCA has other areas as noted on the plan.
Mr. Nowak noted that they have provided for erosion control measures all around the perimeter of the property.
David Pabich suggested that the No Disturb Zone be added to the deed for the property. Atty. Atkins stated that he did not see why that could not be done.
Frank Taormina suggested that the No Build No Disturb Zone should extend beyond the retaining wall for the 25-foot buffered area fronting the pond. Atty. Atkins suggested that they could provide a restrictive covenant in the deed.
Michael Blier stated that he feels that this is an underwhelming plan from a stormwater point of view. Mr. Nowak explained that their plan was more elaborate but the City Engineer didn’t want to maintain it.
Kevin Cornacchio opened the hearing up for public comment at this time.
Bernard Cummings of 1 Londonderry Road in Marblehead addressed the Commission and expressed his concerns about dust mitigation during construction, stockpiling on the site, and dust that will occur from that. He also requested a schedule of meetings on the project. Atty. Atkins noted that they would be at the Salem Planning Board on May 18, 2006 and the Marblehead Planning Board on May 23, 2006.
A resident of 29 Londonderry Road addressed the Commission and expressed concerns about blasting. Mr. Nowak stated that they are hoping that they will not have to blast.
Barbara Warren of 5 Hardy Street, Salem, addressed the Commission and expressed her concern about the size of the lots in the buffer zone. Atty. Atkins explained that the lots were designed by right.
Robert Bouchard of 7 Linden Road addressed the Commission and expressed his concern about dumping water in the pond. He also stated that he would like to see the whole project done at the same time. Mr. Nowak reviewed the drainage calculations for the site.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the Public Hearing to May 25, 2006, seconded by Kevin Carr and approved (6-0).
Old/New Business
21 Parallel Street – Certificate of Compliance
Frank Taormina addressed the Commission and explained that Mr. Warford has done as much as he can do on the site. He also noted that the wetland markers have been placed on the site as well. He showed the Commission the compliance photos of the site.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to approve the issuance of the Certificate of Compliance for 21 Parallel Street, seconded by Kevin Carr and approved.
Salem Oil and Grease – Special Meeting
Frank Taormina informed the Commission that he would be contacting the members to schedule a special meeting to issue a Certificate of Compliance for the former Salem Oil and Grease property, 60 Grove Street). He noted that he would contact the members during the week to schedule that.
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 11:15 p.m.
Respectfully submitted by:
____________________________
Eileen M. Sacco, Clerk
Salem Conservation Commission
CC051106
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