Salem Conservation Commission
Minutes of Meeting
Thursday, July 27, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, July 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, Amy Hamilton, David Summer and Michael Blier. Also present was Frank Taormina, Planner/Harbor Coordinator, Carey Duques, Conservation Administrator, and Eileen Sacco, Clerk
Members absent: Keith Glidden
Kevin Cornacchio introduced new Commission members Amy Hamilton and David Summer (appointment does not take affect until 9/15/06)
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 Joe Furnari and approved (5-0).
Kevin Cornacchio recognized City Councillor At Large Tom Furey who addressed the Commission to voice his support for the Salem State College baseball field. Councillor Furey asked to speak early because of a City Council meeting that he had to attend.
Discussion with City Planner Lynn Duncan on the Appropriation of Conservation Commission Funds for the Salem Open Space and Recreation Plan
City Planner Lynn Duncan addressed the Commission and requested that the Commission appropriate funds to update the Salem Open Space and Recreation Plan. She explained that the most recent has expired and without a valid open space plan the City is not eligible for many grant opportunities such as Urban Self Help Grants. She also noted that the Mayor has a goal to update the plan within the year.
Ms. Duncan explained that it would be benefit the commission to have an up-to-date inventory of all recreational, open space, conservation land, etc. She also noted that there are no available city funds other than Conservation Commission money, which the Commission has jurisdiction over. She further explained that Conservation funds were previously used to hire consultants to review projects and noted that since the city adopted the new state law Chapter 44 section 53G which requires developers to pay for outside consultants on behalf of the commission, the funds are not used as frequently anymore.
Ms. Duncan stated that she estimates the work to cost between $25,000-$35,000 and the Commission currently has $60,000 in their account. She also stated that they would try to keep the cost as low as possible. She also reported that the Mayor is forming an Open Space Committee to work on the plan update with representatives of the Planning Board, Conservation Commission, Historic Commission, Park and Recreation, etc., and kick it off in September.
David Pabich asked about the grants that the city is not eligible for. Ms. Duncan explained that in the past a community could apply for up to $250,000 and Salem did not get it.
Kevin Cornacchio asked if this would be an annual cost. Ms. Duncan explained that it is not an annual cost but noted that the plan needs to be updated every five years and that she is only asked for funds for this update.
Michael Blier stated that he supports using conservation commission funds for this endeavor and understands the importance for the plan aside from the grant opportunities that can be tapped into.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to authorize an amount not to exceed $35,000 for the update of the Salem Open Space and Recreation Plan and if the quotes come back hirer than expected that the City Planner come back to the commission, seconded by Kevin Carr and approved (6-0).
Request for an Extension Permit for Order of Conditions – DEP#64-354 – Ciba Specialty Chemicals – One Colonial Road
Daniel Pagent addressed the Commission and explained that they are requesting an extension of the Order of Conditions for three years. He explained that they have finally reached an agreement with New England Power Company on land access and they are ready to proceed with the work.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to grant a three year extension to Ciba Specialty Chemicals – DEP File # 64-354, seconded by Kevin Carr and approved (5-0).
Continuation of Public Hearing – Richard and Susan Bresnahan – 60 Bayview Avenue, Salem – Repairs to Existing Granite Seawall – DEP File # 64-422
Kevin Cornacchio noted that there was not a quorum to approve this at the last meeting and reviewed the proposal.
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 issue an Order of Conditions with special conditions, seconded by Kevin Carr and approved (4-0).
Special Conditions:
1. The contractor shall have spill kits on board in case of petroleum spills or hydraulic hose breaks, etc.
2. All equipment and material shall be stored outside of the buffer zone at the end of each working day.
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
Frank Taormina informed the Commission that there are not enough members present for a quorum.
Continuation of Public Hearing – Notice of Intent – Massachusetts Electric Company – d.b.a. National Grid DEP # 64-425– 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
Frank Taormina informed the Commission that there are not enough members present for a quorum.
New: Massachusetts Bay – Neptune LNG, LLC – One Liberty Square, Boston, MA. Construction of and Underwater, Buried Gas Transmission Pipeline in Association with its Proposed Deepwater Port Located Offshore in Massachusetts Bay
Carey Duques informed the Commission that there are not enough members present for a quorum.
Carey Duques also reported that the City of Beverly, Town of Marblehead, Town of Manchester, and the City of Gloucester have requested a peer review of the project and suggested that Salem consider joining them. Because there were not enough members present to meet quorum this need to be discussed and voted on at the next meeting.
Public Hearing – Notice of Intent – Algonquin Gas Transmission, LLC – 890 Winter Street Waltham, MA. – Northeast Gateway Lateral Pipeline Project
Carey Duques informed the Commission that there are not enough members present for a quorum.
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
Atty. Atkins addressed the Commission and noted that there are a few housekeeping issues to discuss. He turned the meeting over to Mike Howard to make a presentation.
Mr. Howard addressed the Commission and explained that they have made the following changes to the plans:
1. extended the hay bale line along the east side of the project near Lincoln Road.
2. Removed the landscaping from the rear to open up the vista.
3. The bike path has been added to the landscape.
4. They have moved the flag pole and score board off of the cap
5. changed the Rosa Ragusa to Virginia Rose.
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 David Pabich to close the public hearing, seconded by Joe Furnari and approved.
Joe Furnari moved to issue an Order of Conditions for Salem State College – DEP File # 64-414, seconded by Kevin Carr and approved (5-0).
Special Conditions:
1. Copies of all reports sent to DEP regarding the closure of the landfill shall be forwarded to the Salem Conservation Commission.
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
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 silty clay. He also noted that there are more global issues in the neighborhood that need to be addressed.
The Commission reviewed the revised plans.
Frank Taormina noted that the Commission couldn’t vote on this item tonight because DEP has not issued a file number and comments for the project as of yet.
David Pabich expressed concern about when the basin was installed and where they want to add the valve. He also noted that the elevation along the backside of the house on the west side of Jefferson Avenue should be looked at and he would like a comparison of the elevations along the west side.
Kevin Cornacchio opened the hearing up for public comment at this time
Kevin Cornacchio read a letter from Fred Votta regarding the project.
Ward Three Councillor Jean Pelletier addressed the Commission and expressed his support for the project.
There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to September 14, 2006, seconded by Joe Furnari and approved.
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 explained that the Commission heard this plan at the last meeting and since then has held a site visit. He noted that he wanted David Pabich to be comfortable with the plan. David Pabich reported that he visited that site and he is satisfied with the plan.
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 David Pabich to close the public hearing, seconded by Joe Furnari and approved.
Kevin Carr moved to issue an Order of Conditions for 2 Cedarview Street with Special Conditions, seconded by Joe Furnari and approved (5-0).
Special Conditions:
1. If larger equipment is deemed necessary it shall be stored outside of the buffer zone.
2. If needed a barrier shall be placed near the bank to keep machinery from going over the bank.
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
Dr. Hugh Mulligan addressed the Commission and explained the changes to the plans. He noted that they have revised their excavation plan as a result of the soil samples that were taken and explained them.
Dr. Mulligan explained the process that they would use for the RAM and noted that they plan to backfill along the property line to a 2-1 slope. He also noted that any excavation along the coastal bank would be backfilled to the original grade.
Dr. Mulligan noted the soil stockpile locations on the plan.
Frank Taormina explained that he had a prior conservation with Councilor Sosnowski who was concerned about the use of Hubon Street for access and requested that the applicant consider the use of Thorndike Street for access.
Patrick DeIulis addressed the Commission and explained that the only access on Thorndike Street is two small driveways and the access is much better on Huron Street.
David Pabich stated that he wants to see a wheel washing on site to make certain that contaminated soil is not tracked off site and exposed to the general public. A discussion was held on possible solutions for the wheel washing facility.
Pat DeIulis stated that they are anxious to start and suggested that they would accept a condition regarding the wheel washing that would comply with the RAM Plan they submitted.
David Pabich noted that there are radical changes to the plan from the original noting there will be 2½ feet of contaminated topsoil removed from the whole site.
Kevin Cornacchio suggested that filter fabric should be use on the catch basins located offsite that could be impacted by offsite runoff. It was noted that the closest catch basin is on Bridge Street. Joe Orzo stated that a silt sack could be used and would be more effective considering the volume of traffic on that street.
Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by David Pabich and approved (5-0).
Joe Furnari moved to issue an Order of Conditions for 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, seconded by David Pabich and approved (5-0).
Special Conditions:
1. Copy of RAM Plan approved by DEP shall be submitted to the Commission
2. Wheel washing facility shall be on site.
3. LSP shall monitor wash pad and procedures on a daily basis.
4. No tractors on the site.
5. Street Sweeping shall be done routinely.
Public Hearing – Request for Determination of Applicability – City of Salem Park and Recreation Commission – Pioneer Village
John Goff addressed the Commission and explained that they are proposing to re-identify the Original 1930 Circulation Path, Upgrade of two Small Bridges, and Identification of a new ADA Remote Viewing Area with a Buffer Zone to a BVW and a coastal bank at Pioneer Village in Forest River Park. He noted that they have been having problems with vandals at the site and are eager to get it up and running again.
Mr. Goff explained that they have received CDBG money to do the work and explained the plans which include restoring the old path system noting that they have traced the plan from the original 1930 plan of a natural clay base, replace two existing bridges which are non ADA compliant and bring them up to code, and stake out the area of the gate near the Little League field and create a remote viewing area which will be wheel chair accessible.
Frank Taormina noted that the majority of the work is minimal and he does not think that they need to file a Notice of Intent. He also noted that there is an artificial wetland or detention basin that was created and an artificial stream fed by a water spigot in the woods. The detention basin/wetland on site is loaded with phragmites and part of the proposal is to use the phrags to thatch the roofs.
Mr. Goff explained that they plan to harvest the phragmites on a yearly basis and use them to rethatch the roofs of the cottages as was done in the late 1600s.
Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment.
Kevin Cornacchio asked if the members wish to visit the site. Mr. Goff noted that the Planning Department would like to spend the CDGB money this summer and would like the work to start as soon as possible. Frank Taormina suggested that considering all that was said the Commission could issue a negative determination and visit the site at another time to view the progress.
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).
Kevin Carr moved to issue a Negative 3 Determination, seconded by Joe Furnari and approved (6-0).
Public Hearing – Request for Determination of Applicability – Salem Play Area for Canine Exercise (SPACE) – Leslie’s Retreat Park
Bart Hoskins addressed the Commission and explained their request for a determination of work related to the construction of a fenced in area for dogs within a riverfront area, land subject to coastal storm flowage, and buffer zone to a coastal bank at Leslie’s Retreat Park.
He reviewed the plan and noted that fundraising for this project as been ongoing under the direction of Park and Recreation Director Doug Bollen. He explained that they are only proposing to fence in the area for use by dog owners. He also noted that he hopes that the presence of more people in the area will discourage vandals. He also noted that they have two plans the larger one having a pave path, but due to funding concerns they are only going to fence in the area at this time. He also explained that there will be a vestibule area with an automatic gate. He asked that the Commission approve the plan with the existing footprint.
Kevin Cornacchio suggested that they supply a pick up bag dispenser on the site.
David Pabich questioned whether the applicant needed to be the land owner, noting that the city has not accepted the land from the state. Doug Bollen explained that Mass Highway has approved this and he signed the application.
Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment.
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).
Kevin Carr moved to issue a Negative 3 Determination, seconded by Joe Furnari and approved (6-0).
Special Conditions:
1. A pick up bag dispenser shall be installed inside the fenced in area.
Request for a Certificate of Compliance – 119 Marlborough Road – DEP File #64-362
Frank Taormina reported that the applicant has installed the down spouts and they are connected to the recharge bed.
There being no further questions or comments regarding this matter a motion was made by David Pabich to issue a full Certificate of Compliance for 119 Marlborough Road, seconded by Joe Furnari and approved (5-0)
7 Laurier Road Update – Submitting of Planting and Replication Plan
Frank Taormina informed the Commission that Mr. Tremblay has filed a planting and replication plan for his property at 7 Laurier Road and the Order of Conditions needs to be amended to include them.
David Pabich noted that the work that was done on the site was significantly changed from what the Commission approved and he feels that this new plan should be a whole new filing. Frank Taormina explained that DEP frown on having two Orders for the same property and amending the original order is the usual practice. He noted that the process is the same as with an original filing but there is no filing fee.
David Pabich stressed that he feels that this should be a separate filing. Carey Duques will get clarification from DEP and report back to the Commission.
Public Hearing – Notice of Intent – 15 Robinson Road – A&H Auto Exchange Inc.
Mr. Poole addressed the Commission on behalf of his client and noted that this is a challenging and complex site. He explained the area noting that the property has been used for auto salvage and metal recycling since 1963.
Mr. Poole stated that they are proposing a 10,000 s.f. liner with a concrete spillage containment area. He also noted that they will install oil and gas separators and will also have an area where they can contain the groundwater.
Mr. Poole reviewed the stormwater management plan for the site and noted the areas on the plan. He noted that they plan for a grass swale that will absorb 6-12 inches of water. He also noted that they are planning for the elimination of potential release during sudden events and explained the route on the plan.
Mr. Poole reviewed some photos of the site with the Commission as well as an overlay of the ponds and the grassy swale.
David Pabich questioned if all four wells on the plan exist now. Mr. Poole confirmed that they are on the site.
David Pabich stated that he would like to hold a site visit noting that the easiest way to do this is not always the right way to do it. He also noted that the Commission needs to know what is going to be effected downstream, noting that they are not increasing the size of the pipe and questioned if the pipe is limiting the flow. He noted that he is concerned that this will change the hydraulic picture of the site, noting that he feels that this is going to modify what goes into Thompson’s Meadow.
Mr. Poole stated that he would report on that at the next meeting.
Kevin Cornacchio questioned the second river replication and suggested that the replicate offsite to avoid a second river. Mr. Poole will also look into that.
David Pabich noted that proper drainage on the site can be achieved. He also noted that they need to catch anything more than a 10 year storm. He also noted that in most cases you have to replicate and in this case it may do more harm than good.
David Pabich suggested that the Commission walk the site to get a better handle on this.
The Commission will visit the site on September 9, 2006 at 8:00 a.m.
Kevin Cornacchio opened the hearing up for public comment at this time.
Patrick DeIulis addressed the Commission, and noted that he was representing the Mongello’s who are abutters to the site. He noted that he had Scott Patrowicz review the proposed plans. He also noted that while they are not opposed to the proposed work there are past wrongs that have been done on the site that need to be corrected.
Scott Patrowicz addressed the Commission and explained that he feels that there is a lot of information missing in this submittal. He also noted that there is pending litigation involving Robinson Road Mr. Petrowicz reviewed his concerns with the Commission in a lengthy presentation.
There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to September 14, 2006, seconded by David Pabich and approved (6-0)
Public Hearing – Notice of Intent – 31 Ravenna Avenue – Anne Pelletier
Bill Manual addressed the Commission and explained their proposal to address after the fact clearing of vegetation in a portion of the BVW and buffer to BVW and Inland bank at 31 Ravenna Avenue.
He noted that the applicant had done the work to provide more sunlight to the pool area of the yard. He noted that he reviewed the site and the area is revegetating on its own and recommended that they do nothing at this time at watch the area for growing season.
Kevin Cornacchio acknowledged that the site is growing back but also noted that it took quite awhile for the Commission to get a response from the applicant. Noting that fines have been imposed and they need to address that. He also suggested that the Commission visit the site.
A discussion was held on the matter of the fines. Joe Furnari moved to hold the fines of $4,400 in abeyance until further notice, seconded by Kevin Carr and approved (6-0)
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 10:15 p.m.
Respectfully submitted by:
____________________________
Eileen M. Sacco, Clerk
Salem Conservation Commission
CC072706
| 
