Salem Conservation Commission
Minutes of Meeting
Thursday, June 22, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, June 22, 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, Keith Glidden, and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk
Members absent: Joe Furnari
Approval of Minutes
The minutes of the Salem Conservation Commission meeting held on June 8, 2006 were presented for approval. Kevin Carr moved approval, seconded David Pabich and approved (5-0).
Public Hearing – Notice of Intent – City of Salem, MA. – Improvements to Existing Embankment Within a Buffer Zone to an Inland Bank and Install Check Valve on the Existing Outfall Pipe at Brook Street
Kevin Cornacchio read a letter from Bruce Thibodeau regarding the project and noted that there would be a public meeting, held by the City Engineer regarding the problems in this area. He noted that the meeting will be held on July 19, 2006 at 6:00 p.m.
Kevin Cornacchio also read a letter from City Council President Jean Pelletier.
Frank Taormina introduced Mr. Harrington who is the consultant for the city on this project to explain the project.
Mr. Harrington addressed the Commission and explained that they are proposing to fill in several areas along the bank of the South River that is susceptible to flooding. He noted that they are proposing to plug the outfall pipe with the check valve and remove lawn area a fill it with 6 inches of silt clay.
David Pabich asked if this was a temporary measure to address the flooding noting that the last solution didn’t work very well. Mr. Harrington stated that they are removing some vegetation that is creating the backup.
Keith Glidden noted that a topography map would be helpful. Mr. Harrington explained that the topo would not be all that helpful noting that 10 foot intervals was as close as he could get.
David Pabich noted that the drainage system was designed in 1966 and the plans called for a berm. He recommended that the city should work towards repairing the site to be what it was intended to be noting that they might as well do the work that was intended.
Michael Blier questioned why the work was never completed. Frank Taormina stated that it is hard to tell why the work was not done because it was 40 years ago.
Fred Votta addressed the Commission and explained that the berm that starts behind 214 Jefferson Avenue runs north and noted that the berm was never breeched. He noted that the area is the most secure area in the neighborhood. He also stated that he has the plans that were developed by CDM and explained when the area was built. He also proceeded to voice his concerns about the neighborhood. Kevin Cornacchio informed Mr. Votta that his concerns would be addressed at the neighborhood meeting that is scheduled for the 19th of July.
Mr. Harrington explained that they are proposing to remove the fill, add an impervious layer, put down some top soil, seed the area and bring it to the existing berm.
David Pabich questions if the area has low spots due to erosion or because of something else. City Councillor Joan Lovely addressed the Commission and stated that it is because of both and noted that one area has no berm. Fred Votta stated that they have been hit hard in the last ten years and it is the city’s responsibility to take care of the problem. He also noted that he received word today that additional mitigation money is available from the state for flood victims.
Keith Glidden stated that he would like to see erosion control measures proposed such as hay bales and a siltation fence.
Michael Blier requested that a cross section of the area be provided to the Commission.
David Pabich stated that the plans are underwhelming.
Michael Blier stated that he thinks it is a credible plan and that it is hard to control the extent of the project if they don’t show the extent of the damage.
Mr. Harrington stated that it is up to the Conservation Commission to determine if a full set of plans is necessary.
Michael Blier stated that as long as they can control what goes into the wetland he has not problem with it.
Frank Taormina informed the Commission that this is a band-aid approach for smaller storm events. He also noted that Mr. Thibodeau’s letter notes that the larger issues in the neighborhood will be addressed at another time. He also noted that the Commission couldn’t force the city to do more than they are proposing to do at this time.
Kevin Cornacchio opened the hearing up for public comment at this time.
City Councillor Joan Lovely addressed the Commission and thanked them for allowing her to go first noting that she has a city council meeting to attend. She informed the Commission that she feels that the problem is a maintenance issue noting that the city promised to provide ongoing maintenance in the area and they never go behind that. She also explained that they are on a list with Northeast Mosquito Control and she hopes that will start next year. She stressed that he neighbors cannot endure this problem anymore and stated that she would work with the city to get this solved. She further noted that this band aid approach is unacceptable and something more substantial needs to be done.
Jim Richmond of 225 Jefferson Avenue addressed the Commission and explained the location of his property and his concerns about the amount of water he gets in his backyard during large storm events. David Pabich noted that his concern is part of the bigger issue.
Kerry Vertotos of 208 Jefferson Avenue addressed the Commission and expressed her concerns about not being notified of the proposed neighborhood meeting on July 19th, noting that she is concerned about the timing of the meeting as hurricane season will be starting. Frank Taormina explained that the notices will be sent out next week.
Ms. Vertotos questioned why the city is spending any money on this proposal without having met with the neighbors. Kevin Cornacchio suggested that she take that up with the city engineer.
David Pabich questioned if they could see the berm when the yard floods. Mr. Votta explained that there was more rain this past May than in 1996 and there was less water in the homes as the result of the pumping station and the flood gates. He noted that the neighbors know what to do in that situation but they are not equipped to deal with that amount of water. He stated that he has a report that he will give to Mr. Harrington.
Dan Pelletier of 5 Wheatland Street addressed the Commission and expressed his concerns that this proposal will not work noting that he got 3 feet of water in his backyard and this solution will not prevent that.
Kevin Cornacchio noted that the Commission cannot act on this application until a DEP file number is issued. He suggested that a better plan be submitted with a topo map. David Pabich stated that he would like clarification through an investigation that they make sure that no low spots are omitted that should be filled in.
Mr. Harrington noted that they did not set out to create a set of design plans.
It was suggested that perhaps the city engineer should hold the proposed meeting with the neighbors prior to the July 13th meeting of the Commission.
Kevin Cornacchio informed the neighbors that if they are not satisfied with the design of the plan as presented to the Commission there is a 30 day appeal period following the action by 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 July 13, 2006, seconded by Keith Glidden and approved (5-0).
Continuation of Public Hearing – Notice of Intent – 2 Cedarview Street – Karen Venezia – Discussion on the Construction of a Stone Retaining Wall within a Riverfront Area
Kevin Cornacchio read a letter from the applicant requesting that the matter be continued to July 13, 2006. Keith Glidden moved to continue the public hearing for 2 Cedarview Street – Karen Venezia to July 13, 2006, seconded by David Pabich and approved (5-0).
Continuation of 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
Kevin Cornacchio read a letter from Joe Orzel requesting that the matter be continued to July 13, 2006. David Pabich moved to continue the public hearing to June 22, 2006,s seconded by Kevin Carr and approved (5-0).
Continuation of Public Hearing Notice of Intent – 40 Clark Street - George Fialho
Scott Patrowicz addressed the Commission and noted that a site visit was held and noted that the grass is green and the hay mulch is down. He explained that they have revised the plan and pulled the slope back to a 3-1 slope and the plan does not include the use of the abutter Mr. LeBlanc’s property. He reviewed the plan and noted that they will install hay bales on both sides of the property. He also noted that the plan preserves the trees on the site although he noted that one tree may die. He stated that they would try to save the maple tree next to the fence and explained the location on the plan.
He also noted that they would remove the tree with the huge gouge in it. He noted that he feels that the revised plan addresses the concerns of the Commission.
Mr. Patrowicz explained that they would plant about 30 shrubs and 500 sprigs of some kind of ground cover and loam and seed the 1,700 s.f.
Michael Blier stated that he feels that this is a good solution. David Pabich agreed.
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 close the public hearing, seconded by David Pabich and approved (5-0).
Keith Glidden moved to issue an Order of Conditions for 40 Clark Street, seconded by Kevin Carr and approved (5-0).
Public Hearing – Notice of Intent – Osborne Hills Realty Trust – Proposed Construction of a Roadway, Utilities and Stormwater Management Facilities for a 129 Lot Subdivision off Marlborough Road
Jim McDowell addressed the Commission and stated that since the last meeting they have submitted requested information to the Commission. He explained that they have provided the Commission with the cross sections of the two proposed bridge crossings on Strongwater Drive. He also noted that they have provided a narrative phasing plan which was presented to the Salem Planning Board as well. He also noted that they have submitted an outline of data, which would be discussed at a preconstruction conference prior to each phase of work.
Mr. McDowell addressed the question of the bridge type to be used and noted that preliminary discussions with representatives of Contech are indicating that they will use a multi span “Beam Span” structure. He explained that photos of this type of bridge are shown on pages 6 and 7 of the vehicular steel truss bridge brochure that they provided to the Commission at the meeting on June 8, 2006. He also noted that he would contact the rep for the company and have them come in and make a presentation to the Commission at one of the meetings.
Mr. McDowell explained the estimates of potential vegetative impacts at the various crossings on the site. He presented the Commission with a written statement on this and reviewed each area of the plan as follows:
· Osborne Hills Drive – (D-18 to D-21) (Sheet 13)
Approximately six trees would be removed. The wetland is functionally isolated by the existing dirt roadway. 1000 s.f. of replication is designated on the plan adjacent to flags D-23 and D-24. The total crossing area is 1,300 s.f. An additional 700 s.f. of replication could easily be provided west of flags D-26 and D-29.
· Amanda Way – (C-4 to C-10) Sheet 13
Area of wetland contains little vegetation. A replication area of 1,750 s.f. is proposed west of flags C-2 to C-4. The total crossing is 1,900 s.f. An additional 700 s.f. of replication east of flags C-11 and C-12 could be readily provided (1.3 to 1 ratio of total crossing) The area is heavily shaded now.
· Diandra Drive – (Sheet 14)
The major portion of the resource area is a rocky intermittent stream bed within which exists little vegetation. Resource area occupies 1,550 s.f. of the crossing. 800 s.f. of replication is proposed. (Estimate vegetation covers less than 500 s.f. of proposed crossing).
· Strongwater Drive – (B-29 to B-32 and I-9 to I-10) Sheet 16
The resource area is vegetated by phragmites. The bridge will have about 17 feet of clearance above the wetland surface. The crossing has excellent southern exposure. 750 s.f. of replication is proposed to mitigate 320 s.f. of disturbance.
· Strongwater Drive –(A-62 to A-67 and I-16 to I-18) Sheet 16
The resource area is vegetated with herbaceous varieties and phragmites. The bridge clearance above the resource area is 20 feet. The crossing has excellent southern exposure. It is suggested that the replication area be located west of its present location between flags A-68 and A-75.
David Pabich stated that he would like information on whether the water temperature will change as the result of the bridges. Mr. McDowell suggested that as they get to that phase of the project that a wetlands scientist should review that rather than try to make a decision on that now. He noted that Epsillon Associates area involved in the project now and they will probably keep them on and they could review that for the Commission.
Frank Taormina agreed and noted that the issue could be conditioned in the approval. He also suggested that the Commission could issue partial certificates of compliance at the end of each phase in an effort to keep a better track of the project or they could come in with amendments.
Keith Glidden stated that he feels that amendments would be more appropriate because it will be over 5,000 s.f. of replication with a variance from DEP. He noted that there could be more legal questions on that.
Mr. McDowell stated that they have to allow for two growing seasons before DEP will approve it.
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 Kevin Carr to continue the public hearing to July 13 2006, seconded by David Pabich and approved (5-0).
Public Hearing – Notice of Intent – Richard and Susan Bresnahan – 60 Bayview Avenue – Repairs to an Existing Granite Seawall within a Coastal Beach and Buffer Zone to a Coastal Bank and Land Subject to Coastal Storm Flowage
Kevin Cornacchio read the legal notice that was published in the Salem News.
Susan St. Pierre addressed the Commission on behalf of her clients and explained that the riprap wall is in disrepair and they are proposing to repair it and extend the wall 28 feet. She noted that there is a public ramp that is used for access to the beach.
Ms. St. Pierre explained that the work they are proposing will be done according to the tide and the contractor will be North Shore Marine. She explained that they will use a concrete truck with a tube and they might have a barge with a crane for the installation of the granite blocks.
Kevin Cornacchio suggested a condition that pollution control equipment be on the barge in the event that it is needed. He also asked how long they expect the work to take. Ms. St. Pierre stated that the work should take a couple of weeks.
David Pabich asked if they need a Chapter 91 License. Ms. St. Pierre explained that they have an amnesty license and they will amend the Chapter 91 license.
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 read a letter in support of the project from Kathie Driscoll Gauthier of 52 Bayview Avenue.
David Pabich suggested the Commission visit the site. The Commission will visit the site on July 13, 2006 at 5:00 p.m.
There being no further questions or comments regarding this matter a motion was made by Kevin Carr to continue the public hearing to July 13 2006, seconded by David Pabich and approved (5-0).
Old / New Business
7 Laurier Road – Tremblay
Frank Taormina updated the Commission on the condition at 7 Laurier Road and noted that Mr. Tremblay has hired a wetland specialist and will be filing an amended Notice of Intent for the patio and other items that remain to be done.
31 Ravenna Avenue
Frank Taormina informed the Commission that he sent a letter to the applicant informing her that the plans should be submitted to the Commission by June 19, 2006 or the applicant should contact him 48 hours before the deadline if the plans were not going to be submitted with a reason for them not being submitted. He noted that he explained everything to her and informed her that fines would be imposed if no action were taken.
Keith Glidden suggested sending her a letter every week informing her of the status of the fines and the amount that she owes.
Request for Certificate of Compliance – 119 Marlborough Road – DiBiase
Frank Taormina explained the situation to the Commission. He noted that an above ground pool was installed on the site without the approval of the Commission and they are now proposing to take that down and file a Notice of Intent for the construction of an in ground pool.
David Pabich moved to issue a Certificate of Compliance for 119 Marlborough Road, seconded by Kevin Carr and approved (5-0).
Conservation Commission Meetings
Frank Taormina informed the Commission that Mayor Driscoll would like them to change their meeting night to accommodate the City Councillors who wish to attend the meetings.
Kevin Cornacchio will make an appointment to meet with Mayor Driscoll to discuss this further.
Open Space Plan
Frank Taormina noted that at some point City Planner Lynn Duncan will address the Commission about using Conservation Commission money to fund the preparation of an Open Space Plan.
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 (5-0).
The meeting was adjourned at 9:00 p.m.
Respectfully submitted by:
____________________________
Eileen M. Sacco, Clerk
Salem Conservation Commission
CC062206
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