Salem Conservation Commission
Minutes of Meeting
Monday, May 22, 2006
A Special Meeting of the Salem Conservation Commission was held on Monday, May 22, 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, Keith Glidden, and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk
Members absent: David Pabich
Request for Certificate of Compliance – DEP File #64-220 – 60 Grove Street – Former Salem Oil and Grease Property
Frank Taormina explained to the Commission that the property was issued an Order of Conditions in 1993, which is still outstanding. He noted that the property is under agreement to be sold and the closing attorneys need to clean the deed in order to close on the property, which would require the commission to issue a Certificate of Compliance
Frank explained the project that was approved and noted that it is unclear if all of the work was completed. He stated that contaminated soil was removed from the site and there were two proposed additions to the building that he is not sure if they were done or not.
Frank explained that Scott Patrowicz who was the engineer of record and that he had started to review the plan and piece it together on behalf of the property owner and his/her attorney, but was then told to stop because it was determined after further review that it was unnecessary because once the property changes ownership they intend to demolish the buildings and redevelop the site, which would require a new filing with the Commission.
He also explained that until recently the property was under a 24-hour fire watch. Frank also noted that the property is significantly delinquent on back taxes, which would ultimately be paid when the sale of the property is complete.
Eric Smith addressed the Commission and stated that this has since been dismissed because sprinkler system was recently installed in the buildings.
Kevin Cornacchio asked to review the Order of Conditions that was issued for the project. Frank Taormina reviewed them and noted that there are three conditions that are in perpetuity for the site.
Eric Smith stated that he knows that the capping portion of the project was completed and confirmed that one of the proposed additions near the loading dock was never constructed and the other he could not confirm was built exactly to what was proposed.
Joe Furnari asked if there were any extensions granted for this Order of Conditions. Frank Taormina stated that he was not any extension in the file. Joe Furnari expressed his concern about the clean up of the site and noted that if they say that are under the Mass Contingency Plan (MCP), than the DEP is regulating the ongoing cleanup of the site.
Mr. Smith stated that they removed a portion of the railroad track and removed the contaminated soil in that area, as required under the MCP.
Joe Furnari stated that if Frank is confident as the Conservation Commission Agent that this site is going to demolished and redeveloped, which would in turn require a new filing with the Commission, and then he has no problem going along with this.
Frank stated that he has had prior conversations with the City Planner who in turn has had conversation with the Mayor and it is our understanding that the buildings will be demolished and the site would be redeveloped once sold.
Keith Glidden noted that the Commission is actually certifying that the work was done as approved. He suggested that the Commission add a condition regarding the pending demolition of the property.
Frank Taormina clarified that the Commission cannot issue any further conditions. The only conditions that run with this property once a Certificate of Compliance is issued are the three referenced perpetuital conditions. Once the Commission issues a Certificate of Compliance there is no further recourse, only to enforce the perpetuital conditions.
Kevin Cornacchio stated that he is concerned that the Commission was put on the spot on this. Frank noted that the new owner must still remediated the site under the MCP and that will not stop once we issue a Certificate of Compliance.
Keith Glidden agreed and noted that he was more comfortable that the current property owner or prospective owner would still be responsible under the MCP to remediated the site and deal with the remaining contamination on site.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to issue a Certificate of Compliance for 60 Grove Street, Salem Oil and Grease, with the three conditions that were in perpetuity, seconded by Keith Glidden and approved (5-0).
Adjournment
There being no further business to come before the Commission this evening a motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Carr and approved (5-0).
The meeting was adjourned at 6:30 p.m.
Respectfully submitted by:
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Eileen M. Sacco, Clerk
Salem Conservation Commission
CC052206
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