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

A regular meeting of the Salem Conservation Commission was held on Thursday, July 13, 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, and Keith Glidden. Also present was Frank Taormina, former Conservation Administrator, Carey Duques Conservation Administrator and Eileen Sacco, Clerk

Members absent: David Pabich and Michael Blier

Frank Taormina introduced Carey Duques the new Conservation Agent for the City of Salem Planning Department.

Approval of Minutes
The minutes of the Salem Conservation Commission meeting held on June 22, 2006 were presented for approval.  Kevin Carr moved approval, seconded Keith Glidden and approved (4-0).
Continuation of Public Hearing – Notice of Intent – City of Salem – Improvements to an Existing Embankment within a Buffer Zone to an Inland Bank and to Install a Check Valve on the Existing Outfall Pipe
Kevin Cornacchio informed those present that this matter would be continued at the request of the applicant until the next meeting of the Commission on July 27, 2006.  He noted that a neighborhood meeting is scheduled to be held on July 25th.
Kevin Carr moved to continue the public hearing to July 27, 2006, seconded by Joe Furnari and approved (4-0).
Continuation of Public Hearing – Richard and Susan Bresnahan – 60 Bayview Avenue, Salem – Repairs to Existing Granite Seawall – DEP File # 64-422
Kevin Cornacchio informed those present that this matter has to be continued to the next meeting of the Commission on July 27, 2006 as there is not a quorum of members present this evening who are eligible to vote on this matter.
Kevin Carr moved that the public hearing be continued to July 27, 2006, seconded by Keith Glidden and approved (4-0).
Continuation of Public Hearing – Notice of Intent – DEP File # 64-413 – Pasquanna Developers Inc. – 31 Collins Street Terrace, Lynn, MA. – Release Abatement Measure (RAM) Plan within a Buffer Zone to a Coastal Bank and Riverfront Area at 18 Thorndike Street

Kevin Cornacchio informed those present that this matter would be continued to July 27, 2006 noting that the applicant is pursing additional soil testing on the site.

Joe Furnari moved to continue the public hearing to July 27, 2006, seconded by Kevin Carr and approved (4-0).

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

Karen Venezia addressed the Commission and explained her plan for the construction of a riprap wall for slope protection on her property.

Kevin Cornacchio asked if they are replacing what is already there and if they would be removing any trees.  Ms. Venezia stated that they are replacing what is there and they are not removing any more trees.  She noted that the trees that are down will be pulled up.

Jean McLaughlin reviewed the plans and noted the toe of the slope.

Kevin Cornacchio suggested that the Commission visit the site.  A site visit will be held on Thursday, July 20, 2006 at 6:00 p.m.

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

There being no further questions or comments regarding this matter a motion was made by Kevin Carr to continue the Public Hearing to July 27, 2006, seconded by Joe Furnari and approved (4-0).

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

Kevin Cornacchio read a letter from Councillor at Large Tom Furey in support of the project.

Rebecca Longley of Tetra Tech Environmental addressed the Commission and reviewed the Peer Review of the project that they performed with the Commission.

Chuck Collette of Tetra Tech Environmental addressed the Commission and explained the peer view of the stormwater management plan.

Dave McDonald addressed the Commission and responded that they spelled out the protocols for what can be done on the site.  He also explained that gas vents were the standard of the time and testing shows no gas collection.  He also noted that they met with the city and agreed to remove most of the vents and leave one and explained how the new vent will be constructed to preserve the integrity of the cap.

He also explained that they have moved the location of the score board and the flag pole off the location of the cap.

Rick Gorman of Judith Nische Associates addressed the Commission and explained the location of the hay bales and the stockpile locations.  

Kevin Cornacchio suggested continuing the public hearing to July 27, 2006 and the applicant should submit a revised plan showing the location of the hay bales, score board and flag pole and confirm the pipe size.  He also suggested that they should submit a planting plan for the area of the vista and the bridge.

Frank Taormina stated that he does not want them to block the view shed of the Forest River.  Mr. McDonald stated that they could look at low growth shrubs for that area instead.

Atty. George Atkins requested that the Commission close the public hearing tonight and allow them to submit the revised plans to the Commission as a condition of approval.

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

Councillor Joseph O’Keefe addressed the Commission and requested that Salem State College submit a Memorandum of Understanding with the City regarding neighborhood issues.  He noted that a meeting was held with the South Salem Neighborhood Association and he does not feel that the issues were addressed adequately.

Mr. Ruggere of 450 Lafayette Street addressed the Commission and expressed his concerns about the meeting with the Mayor.  He stated that it was a presentation on environmental issues. He also noted that previous studies have been done on the watershed in the Forest River area when the Bates Complex was constructed.    Kevin Cornacchio noted that the Commission is aware of them, however they don’t apply.

Keith Glidden noted that those reports would not change the requirements of the wetlands protection act as they relate to this project.  He noted that the applicant has submitted detailed specifications and the Commission has received a peer review.  He also noted that the Commission has spent a lot of time on this and there is no point belaboring approval of it at this time.  He also noted that DEP has oversight on this project as well and based on the information presented they meet the DEP requirements.

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

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 explained that they have no new information to present this evening and asked if the Commission had any questions.

Kevin Cornacchio noted that there was mention of a vernal pool on the site.  Chris Mello explained that the Epsilon Report has not indication of a certified vernal pool on the site.  Frank Taormina stated that he checked the reviewed the NHESP Map and the city topo map and he is satisfied with the clarification.

The Commission reviewed the draft decision for the Order of Conditions.  It was noted that there would be no resource area crossings in Phase 1.  Frank Taormina reviewed the process by which the phases will proceed.

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 Keith Glidden to close the public hearing, seconded by Joe Furnari and approved (4-0).

Keith Glidden moved to issue an Order of Conditions  for Phase 1 Osborne Hills Realty Trust – Proposed Construction of a Roadway, Utilities and Stormwater Management Facilities for a 129 Lot Subdivision off Marlborough Road, seconded by Kevin Carr and approved (4-0).

Public Hearing – Notice of Intent – David Jalbert – 75 North Street, Salem – Addition to an Existing Building within a Riverfront Area and Buffer Zone to a Coastal Bank

Mr. Griffin of Salem Kitchen and Bath addressed the Commission and explained the plan to build an addition to the former Salem Paint building on North Street. He explained that they are proposing to add one and a half stories to the building as well as a loading area in the back.  He also noted that they are adding 30 feet to the footprint of the building for the loading area.

He explained the current drainage on the site is sheet flow and explained the existing drainage patterns.  He also noted that they do not anticipate any additional flow as the result of this project and there will be minimal impact as the result of this project.

Frank Taormina noted that an alternative analysis was done on the site but the whole site is pavement.

Kevin Cornacchio asked if there are any catch basins on the street.  Mr. Griffin noted that there is one in the front of the building.  Kevin Cornacchio questioned if the site drained to the back of the building.  Mr. Griffin stated that it does drain to the back of the site.  He also noted that there is another catch basin by the Rossi property and there was no flooding on the site during the storm in May.

Kevin Cornacchio opened the hearing up for public comment at this time.  There was no one present who wished to speak 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 27, 2006, seconded by Keith Glidden and approved (4-0)

Public Hearing – Notice of Intent – Massachusetts Electric Company – d.b.a. National Grid – Removal, Replacement and addition of Equipment within the Existing Substation Yard and the Installation of 250 Linear Feet of Duct Bank Work – 25 Peabody Street

Paul Richards of National Grid addressed the Commission,  and explained the plans for the removal, replacement, and addition of equipment within the existing substation yard and the installation of approximately 250 linear feet of buried duct bank within a Riverfront Area and Buffer Zone to a coastal bank, and Land Subject to Coastal Storm Flowage at 25 Peabody Street.

Mr. Richards explained the process that they will use for the work and noted the locations on the plan.  He noted that the equipment changes are maintenance driven and they hope to do the work as soon as possible.   He estimated that the work will take 3 or 4 months to complete.  

Kevin Cornacchio asked if they would be removing the old station transformers.  Mr. Richards explained that they did testing of the soil and there were elevated levels of lead on the site but there are no hazardous materials.  

Kevin Cornacchio suggested that the Commission visit the site.  A site visit will be held on Thursday, July 20, 2006 at 6:45 p.m.

Kevin Cornacchio opened the hearing up for public comment at this time.  There was no one present who wished to speak 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 July 27, 2006, seconded by Kevin Carr and approved (4-0).

New:  Massachusetts Bay – Neptune LNG, LLC – One Liberty Square, Boton, MA.  Construction of and Underwater, Buried Gas Transmission Pipeline in Association with its Proposed Deepwater Port Located Offshore in Massachusetts Bayt

Richard Paglia addresses the Commission and notes that he his the project manager with Ecology & Environment Inc., the primary environmental consultant for Neptune LNG.  He notes that they are in charge of leading the development of basic engineering and performing environmental studies and analysis necessary to meet the requirements of a DWP application and they are supporting Neptune in the project review and permitting process that involves several state and federal agencies.

Paglia reviewed the purpose of the project and the need for this additional equipment. He also describes the Neptune Company which is subsidiary of SUEZ LNG NA, part of SUEZ a global energy company.  He also notes that SUEZ owns the Distrigas Terminal in Everett, MA and is the longest operator of LNG in the country and a long time trusted energy supplier providing essential heat and electricity for homes and businesses throughout the region for 35 years.

Paglia explains that Neptune is a proposed deepwater port LNG terminal that will use a technology called Shuttle and Regasification Vessel (SRV) to deliver additional gas supplies to Massachusetts and New England.  This technology design includes power/steam generation equipment and controls that exceed environmental performance standards for air and water.  One example is a closed loop vaporization system that uses no water, while the equipment cooling needs would be satisfied by recirculation of ballast take waters.  No water discharges are contemplated by these vessels during regasification.  

Paglia explains that this project is planned to deliver a gas base load of 400 MCF per day which is enough to heat 1.5 million homes per day with a peak of 750 which is particularly important given the seasonality of the demand in the New England region.
Paglia notes that the two permanent components of this project are a permanent unloading buoy system, including two buoys that are anchored to the sea bottom in eight points, anchor lines and a flexible riser: and a 24” pipeline that will connect into the existing natural gas pipeline system that serves eastern Massachusetts.

Paglia reviewed the project location and noted on the graphic provided that the port terminal, including the unloading buoy system, the flow line between the buoys, and a small section of the main gas pipeline are located in Federal waters within Massachusetts Bay.  In addition, a 9.9 portion of the main transmission pipeline that would be located in state waters.  He notes that the proposed port terminal area is surrounded by the Stellwagen Bank NMS to the east, state waters to the east, and the Boston Harbor Traffic Separation  Scheme or Shipping Channel.  He also explains why the pipeline follows this route noting that it was designed this way to avoid medium or hard bottoms that would sustain more ecologically valued habitats and instead crosses the soft bottoms that sustain benthic communities that can quickly recolonize areas disturbed by pipeline installation activities.

Paglia explains that the segment of the pipe located in Salem’s jurisdiction would be located approximately 3 miles offshore from Bakers Island.  He explained that the pipe length will be 9,204 feet and 24 inches in diameter.  He also noted that the pipe will be concrete coated steel and will be buried a minimum of 3 feet.  He also noted that the pipeline corridor impact area is 13.8 acres and the anchor sweep impact area is 35.2 acres.

Paglia explained the pipeline methodology pipe lay noting that an anchored derrick /lay barge spread supported by to anchor handling tugs would be used to install the gas transmission pipeline.  Two oceangoing tugs with one cargo barge each (or alternatively a supply vessel) would regularly supply the construction barge with construction consumables, equipment, food, and other supplies, and take away any trash or equipment to be returned to shore.  The gas transmission line would be initiated by attaching an initiation cable from the pull head on the derrick/lay barge down to a DMA.  The derrick/lay barge would install the 24 inch diameter gas transmission line form the port location to the Hub Line SM pipeline in nominal 40 feet pipe joints until the section is completed.

Paglia explains that in order to provide protection against fishing gear, anchor drag, and stability in current and waves, the gas transmission line would be trenched to a depth of 3 feet from the top of the pipe.  The gas transmission line would be trenched following the placement of the pipe on the sea bottom using a specially designed pipeline plow and buried along the entire length.  Trenching operations would begin as soon as possible following installation, at which point the derrick/lay barge should be available to pull the plow.  He showed graphics of the process.

Paglia explains that the burial of the gas transmission pipeline would be accomplished using a towed plow line plow.  Following confirmation of the gas transmission line lowering to proper burial depths as required, the plowshares would be reversed to push the previously excavated soil from both sides of the trench as the plow is pulled ahead.  The entire length of the gas transmission line that was previously trenched would be backfilled.




Paglia explains the timeline for the project and notes that the pipe lay would take place as follows:

Pipe lay                                May 30 – June 30, 2009
Trench Pipeline                 June 25 – July 4, 2009
Backfill Pipeline                       July 9 – July 18, 2009

Paglia reviewed the local environmental conditions.  He noted that Neptune implemented a series of equivalent site specific surveys of two alternative pipeline routes including:

1.      Geophysical/Geological Surveys
2.      Cultural Resources Surveys
3.      Benthic/Habitat Video Surveys
4.      Sediment Profile Imaging Surveys
5.      Sediment Sampling and Analysis

Paglia explains the findings of the environmental conditions observed for the pipeline segment area to be located within Beverly’s jurisdiction are:

·       Approximately 130 feet water depth
·       Silty Clay and silty sand soils
·       Sediment deposition area up to 100 feet thick
·       Some metals and organic compounds were detected at low levels, below regulatory criteria
·       Softer mud habitat with healthy benthic infaunal communities
·       Fish species not abundant due to existing bottom habitats
·       Low occurrence of Scallops
·       No Lobsters observed.  No evidence of Lobster habitats.

Paglia reviewed the key mitigation measures that will be undertaken during the project.  He notes that Neptune is committed to minimizing the impacts to the extent possible either through design, and use/selection of environmental friendly equipment and construction methodologies.  He also notes as part of this commitment and as reflected in several documents that key mitigation measures proposed by Neptune include:

        Marine Mammals
·       No blasting for the pipe line
·       NOAA certified training programs for vessel crew
·       Minimize potential for entanglement by equipment and cable/line selection

Benthic Communities
·       Pipeline route in soft bottom

Water Quality
·       Use of Plow vs. Dredge
·       Avoid contaminated sediments
·       Summer construction to avoid weather delays




Recreational/Commercial Users
·       Advance notice to mariners of construction operations
·       Minimize construction exclusion areas to the extent possible

Cultural Resources
·       Avoid Shipwrecks and other prehistoric sites
·       Unanticipated discovery plan

Fisheries
·       Entire transmission pipeline will be buried
·       Most pipeline construction to occur during NOAA’s rolling closures
·       Spill prevention techniques and plans will be implemented
·       Offshore to onshore construction sequence to avoid disrupting lobster migration

Geology
·       Top soft soil layer allows plowing of complete pipeline route
·       Bottom will be re-contoured

Frank Taormina noted that this project will be near shore land under ocean and off shore land under ocean.

Kevin Cornacchio questioned whether they would be digging deeper than three feet.  Mr. Paglia explained that they would be digging about 8 feet and detail the survey work.  He reviewed the time frame for plowing and backfilling.

Kevin Cornacchio noted that the fall is spawning season.  Mr. Paglia stated that there is no ideal time to do this noting that they are using rolling closures and summer windows.

Keith Glidden questioned if they addressed the condition of the environment habitat.  Mr. Paglia stated that it is part of their Chapter 91 license.   Keith Glidden also questioned what the rolling closures would be beneficial to.  He requested more information on the rolling closures.  Frank Taormina noted that the division of marine fisheries MEPA process covers that.  He also explained the usual practice of the division of Marine Fisheries but noted that the applicant should copy everything to the Conservation Commission.

Kevin Cornacchio asked if the inspect the welding of the pipes before they put it in the water.  Mr. Paglia explained that they have a intelligent pig run that is an ongoing process that is to test for anomalies in the pipe.

Mr. Paglia noted that the total area of impact in Salem is 1.1 miles.

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

Ward Two Councillor Mike Sosnowski and a commercial fisherman addressed the Commission and stated that he disagrees with everything that they said.  He noted that there will be an economic impact from this project and he adamantly disputes their claim that there are no lobsters in those waters.  He also stated that their timeline is disastrous and he has not seen an Environmental Impact Statement.  He stressed that the impacts will be significant and it is completely false when they say that there will be no economic impact.
Mr. Paglia stated that they did not say there would be no impact.  He also noted that the report was done in June of last year.

Councillor Joseph O’Keefe addressed the Commission and expressed his concerns about fire safety.  He also asked if the Army Corp. of Engineers have approved the project.

Councillor Sosnowski noted that the City does not have the capability to fight fires out there.

There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to July 27, 2006.

Public Hearing – Notice of Intent – Algonquin Gas Transmission, LLC – 890 Winter Street Waltham, MA. – Northeast Gateway Lateral Pipeline Project

Jon Bonsall of Algonquin Gas Transmission Inc. addressed the Commission and made a powerpoint presentation on their proposal to modify the existing meter station  as well as 1.63 miles of pipeline located offshore in Massachusetts Bay.

Mr. Bonsall reviewed the New England Natural Gas Supply update as follows:

·       Past Winter’s Outlook
·       Growing Demand
·       Declining Supplies from traditional sources
·       Infrastructure constraints
·       Timing of Supply/Capacity/Demand Imbalance
·       Analysis Group Market Study
·       Hurricanes Katrina and Rita Highlighted regional vulnerability
·       Gas Supply required as soon as 2007

Mr. Bonsall explained the modifications proposed for the meter station at McCabe Park.  He explained that they are planning for a new 10’x 15’ meter building, with an 8 ‘ addition to the existing building.  The will also have a new ultrasonic meter and install a chromatograph.

Mr. Bonsall reviewed the permitting process for this project and their expected timelines.  He also reviewed the survey’s conducted to date on the site.

Mr. Bonsall reviewed the resource area impacts for the site.  He noted that there is Land Under the Ocean and a Buffer Zone to a BVW.  He also reviewed the process for laying the pipeline and the equipment that they will be using to bury the pipe.

Mr. Bonsall explained that they will develop a communications plan to advise of construction activities regarding vessel movement and status of the pipeline burial.  He also noted that they would coordinate the plan with all parties.

Frank Taormina suggested that the Commission visit the site since there is landside work being done in McCabe Park.

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

Councillor Joseph O’Keefe addressed the Commission asked that the Waters of the Commonwealth be located on the plan.

Kevin Cornacchio asked Councillor Sosnowski if he has any questions for the applicant.  Councillor Sosnowski stated that he has no problem with their proposal.

Councillor Sosnowski requested that Councillor Prevy be notified of the site visit to McCabe Park on July 27, 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 July 27, 2006.


Request for Certificate of Compliance – William McKenna – 2 Dearborn Lane – construction of pier

Frank Taormina informed the Commission that a request for a Certificate of Completion has been received from William McKenna for the Construction of a Pier on his property at 2 Dearborn Lane.  He noted that he visited the site and everything is in compliance.

Joe Furnari moved to issue a Certificate of Compliance for 2 Dearborn Lane, seconded by Kevin Carr and approved (4-0).

Appropriation of Funds

Frank Taormina requested approval to pay a bill in the amount of $281.00 for the annual dues for the Conservation Commission membership to the Massachusetts Association of Conservation Commissions.  

Kevin Carr moved approval of the payment of $281.00 to the MACC, seconded by Keith Glidden and approved (4-0)

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 (4-0).

The meeting was adjourned at 10:15 p.m.

Respectfully submitted by:

____________________________
Eileen M. Sacco, Clerk
Salem Conservation Commission
CC071306