Salem Conservation Commission
Minutes of Meeting
Thursday, September 14, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, September 14, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street.
Those present were: Kevin Cornacchio, Keith Glidden, Kevin Carr, David Pabich, David Summer and Michael Blier. Also present was Carey Duques, Conservation Administrator, and Julie Quinn, Clerk
Members absent: Joe Furnari and Amy Hamilton
Carey Duques introduced the new Clerk, Julie Quinn.
Approval of Minutes
The minutes of the Salem Conservation Commission meeting held on July 27, 2006 were presented for approval. As the minutes were not available to members until the afternoon of the meeting, Kevin Carr moved to table the approval of minutes until September 28th, seconded David Pabich and approved (4-0).
Continuation of Public Hearing—Notice of Intent—DEP #64-430 The City of Salem, 120 Washington Street, Salem, MA.
Councilor Pelletier addressed the Commission and asked that the project be approved. The Councilor noted that he, Bruce Thibodeau and the Mayor understood that there are larger issues to be dealt with in relation to this problem, and that the City has issued an RFP for Stormwater Management Consulting Services to write grants to get funds to address the problem. Councilor Pelletier then apologized for having to excuse himself and go to the City Council Meeting.
Kevin Cornacchio read into record a letter from Councilor Lovely dated September 14, 2006 in which she asked that the Commission issue approval.
Bruce Thibodeau, City Engineer, offered to answer any questions from the public. There being none, he described a public meeting that was well attended, discussed the RFP, and cleaning of catch basins and culverts to take place this winter by Mosquito Control. He also discussed a grant he and the Fire Chief had submitted for FEMA & DCR for additional funds for cleaning. He noted that the City was able to apply for said funds because they have submitted a Management Plan to FEMA.
Kevin Cornacchio noted that the Commission had been waiting for a DEP # before approving, and now that the # was in place, everything looked ok.
Fred Votta, 212 Jefferson Avenue, spoke to thank the City for appearing at the well attended public meeting, he described the need to continue to seek funding and solutions to the flooding problem in the neighborhood and submitted documentation to Bruce Thibodeau to be included with his FEMA application.
There being no further questions or comments regarding this matter a motion was made by Kevin Car to close the hearing, seconded by David Pabich, and approved (5-0).
Kevin Carr then moved to Issue an Order of Conditions, with no special conditions, to the City of Salem—DEP #64-430, seconded by David Pabich and approved (5-0).
Continuation of Public Hearing—Notice of Intent—DEP #64-428—Anne Pelletier 31 Ravenna Avenue, Salem, MA.
Kevin Cornacchio noted that the commission members had been to the property on a site visit today.
William Manuell, speaking on behalf of the applicant, described the re-growth seen during the site visit, stating that so much growth had occurred that active replanting would not be feasible. Further, Frank Taormina had advised the applicant to include a request for approval to construct a shed and pathway at the rear of the property in the NOI—not because the Owner has an immediate plan to construct either of these, but because the Order of Conditions would cover the next 3 years. He also noted that the applicant would contact the Commission of her intent to cut down any further trees to restore sunlight.
Kevin Cornacchio noted that the applicant should now be aware of the process after having to file a notice after the fact.
David Pabich expressed concern over the shed because of the slope of the hill and that when the applicant did decide to construct the shed, she should provide detailed plans and grades to the Commission.
Mr. Manuell agreed that was a good suggestion.
Kevin Cornacchio suggested that be added as special condition.
Carey Duques noted that DEP had questioned whether Strongwater Brook was perennial or intermittent, and since it was not indicated on a USGS topographical map it was likely intermittent.
Michael Blier asked if there where fines associated with the matter. Carey Duques noted that the fees were $4,400.
Keith Glidden noted that he could vote on the matter because the fines were separate from the filing, Carey Duques agreed.
David Pabich noted that significant trees had been removed presenting a negative impact on the wetlands.
Keith Glidden noted that the fees related to the suffering of the vegetation in the buffer, but also the unresponsiveness of the applicant.
Mr. Manuell noted that his client did not understand the gravity of the situation and that her inaction should not be seen as a slight on the Commission.
David Pabich stated that he felt the Commission had been very clear, Kevin Cornacchio thought she did not understand but David Pabich affirmed that he felt their position had been clear and that the letter issued by the Commission very clearly stated that the applicant would incur a fine of $200/day. Kevin Carr agreed.
Mr. Manuell noted that he had been hired by the client only a week before the deadline and that Frank Taormina had discouraged the applicant from filing.
David Pabich noted that the applicant should have informed the Commission that she needed more time.
Kevin Carr asked how many letters had been sent, Carey Duques pulled from the file a letter dated March 20th, Commission noted that she’d appeared before them on March 23rd and that the NOI had not been filed until July 11th. Carey Duques noted that the Commission sent a letter on April 19th giving the applicant 60 days to respond, after which she would incur a fine of $200/day.
Keith Glidden asked if they could reduce the fine, David Pabich suggested that she be ordered to plant 2 trees. Michael Blier noted that the Commission was not asking for restoration and that the suggested fines seemed too light.
Mr. Manuell thought $1,000 would be a hardship to his client.
Keith Glidden made a motion to reduce the fee to $750, Kevin Carr seconded, approved (5-0).
Carey Duques noted that the fee was to be used toward planting trees and that she would contact Rick Rennard.
Kevin Cornacchio asked if there was any public comment before a motion was made to close the public hearing and move to issue an Order of Conditions.
There being no further questions or comments regarding this matter a motion was made by David Pabich to close the hearing, seconded by Kevin Car, and approved (4-0).
David Pabich then made a motion to issue and Order of Conditions with Special Conditions, Kevin Carr Seconded, approved (4-0).
Special Conditions:
1. Applicant shall present plans for the construction of the shed and stairs to the Commission before proceeding with work.
2. Applicant shall obtain a building permit prior to building the shed and stairs.
Kevin Cornacchio reminded everyone that this is Kevin Carr’s last meeting. Carey Duques then told Neptune, Algonquin Gas, David Jalbert and Mass Electric that they would need to represent all of the info they had given the Commission up to that point for the new members. The material needs to be represented for these applications, because the Commission would not meet a quorum with Kevin Carr stepping down from the Commission.
Continuation of Public Hearing—Notice of Intent—DEP #64-427—Neptune LNG, LLC, One Liberty Square, 10th floor, Boston, MA 02109.
Carey Duques informed the Commission that there are not enough members present for a quorum and continued to September 28th
Continuation of Public Hearing—Notice of Intent—DEP #64-423—Algonquin Gas Transmission, LLC, 890 Winter Street, Suite 300, Waltham, MA 02451.
Carey Duques informed the Commission that there are not enough members present for a quorum.
John Bonsol requested to be continued to October 12th. A site visit to the meter station located at 24 Kernwood Street was scheduled for 5 p.m. on October 12.
Continuation of Public Hearing—Notice of Intent—DEP #64-424—David Jalbert, 75 North Street, Salem, MA.
Carey Duques informed the Commission that there are not enough members present for a quorum. The item was continued to September 28th and a site visit was scheduled for 5 p.m. on September 28th.
Continuation of Public Hearing—Notice of Intent—DEP #64-425—Massachusetts Electric Company, d.b.a National Grid, 55 Bearfoot Road, Northborough, MA 01532.
Carey Duques informed the Commission that there are not enough members present for a quorum.
A site visit to 25 Peabody Street was scheduled for 5:20-5:30 on September 28th.
Carey Duques noted that the Mayor has asked that all site visits be posted, available at City Hall and online.
Continuation of Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA.
Bruce Poole noted that he appreciated the site visit the on Saturday (9/16), and proceeded to address concerns raised at the site visit and to describe the location of the proposed ponds, removal of the culvert from the plan and soil tests that had recently been completed. He confirmed that the test pit info had been submitted to DEP.
Carey Duques asked that the Commission receive copies of the test pit info, Mr. Poole agreed.
Mr. Poole noted that he did not agree that the stream was intermittent.
Carey Duques explained that there was no local by-law. However, intermittent streams are defined as waterways that are dry at least one time each year.
Poole said wetlands were flagged in May of 2006 and that the plans submitted were based on Hancock survey, but he did not know the intent of the Hancock survey.
David Pabich expressed concerns regarding the detail of the plans and the Commission’s ability to review incomplete plans. He also questioned the location of the wetlands. He further suggested that the Applicant hire an LSP for the project.
Kevin Cornacchio opened the meeting to the public.
Patrick Delulis spoke on behalf of the Mongiello (abutters), noted a scale that he felt had been recently constructed on-site. Commission agreed to look into this at their next site visit.
Scott Patrowicz (14 Brown Street), on behalf of the Mongiello’s, expressed the many concerns the abutters had regarding the project, including additional flooding and increased velocity of runoff. He also noted that this was the first he had heard of the culvert being removed and was concerned of the effect on the Mongiello’s property. He too noted that he would need a more detailed set of plans before making full assessment of project.
Carmen Mongiello noted his concern that the proposed plan would have negative impacts on his property.
David Pabich asked if the stockpiles of stone and gravel were still on site. He also asked if the rusted dumpster was still on site and if the hay bales were in place.
Poole affirmed that the materials and dumpster were still on-site, but assured the Commission that the materials would be removed Friday (9/15). The hay bales were not in place, but would be in by Wednesday (9/20). The Applicant noted that the hay bales had been placed three times, but washed away each time.
Dennis Colert (37 Clark St) questioned whether the hay bales were placed correctly and asked about location of jersey barrier.
Kevin Cornacchio asked if the jersey barrier had been required by DEP and, if so, in which locations. No answer being forth coming aside from Mr. Poole stating that DEP required that access on Robinson Road be cut off, Kevin Cornacchio asked that the barrier be removed.
The Applicant noted that they would be doing the work themselves.
David Pabich stated that we wanted to see plans stamped by an engineer.
Kevin Cornacchio agreed to visit the site on Monday. He then asked Carey Duques to contact DEP and find out why they had left the upper area of the site uncontrolled.
There being no further questions or comments regarding this matter, Kevin Carr made a motion to continue the Public Hearing to September 28, 2006, seconded by Michael Blier, approved (5-0).
Public Hearing —Notice of Intent—Patricia Trap of the National Park Service, 174 Derby Street, Salem, MA 01970.
Kevin Cornacchio read aloud the legal ad.
David Kaser of the NPS spoke on behalf of Patricia Trap and described the project.
Marc Albert of the NPS then described in further detail how the project would impact the resource area. He noted that the project would have minimal impacts. Piles would be driven into the ocean floor for support of the deck. He also noted that they have a Chapter 91 filing in process.
Keith Glidden asked where the equipment would be stored during construction and about security. He also noted that the applicant would need to supply spill kits.
David Kaser said all equipment would be stored landside and the project would be secured with chain link.
David Pabich asked if piles would be driven from the land or water.
Marc Albert was not sure, but said he would get back to the Commission.
Kevin Cornacchio said they needed to stipulate that the piles would be driven landside in their bid.
Kevin Cornacchio asked if piles would be wood or steel and who did the structural engineering.
Kaiser said they would be wood and that NPS had hired a structural engineer, he did not recall the name of the firm.
Kevin Cornacchio set a site visit for 5 pm on 9/27.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the Public hearing to September 28, 2006, Kevin Carr seconded, approved (5-0).
Public Hearing —Notice of Intent—Darren and Michelle Ambler, 13 Pyburn Avenue, Salem, MA 01970.
Kevin Cornacchio read aloud the legal ad.
Scott Patrowicz described the site and the proposed change in grade. A Geotechnical study recommended that the steep wall be reconstructed at a 1 ½ to 1 grade for stability. He noted that the buffer area was overgrown with invasive species. He advocated that the Applicant plant and improve the buffer zone, including planting in new wall. 1500 cu yards of materials would be moved and spread across site.
Keith Glidden asked if there were trees down beside the wall. He also asked if there was a planting scheme with submission.
Mr. Patrowicz said yes, but they were being choked by vegetation. He noted that there was no planting scheme in submission, but that he did plan to submit one.
Michael Blier asked about the wall encroaching on the paper street.
Mr. Patrowicz said they were still working that out.
Michael Blier also noted that the plan cut into the hillside to create a yard. David Pabich’s initial reaction was that they Applicant should attempt to accommodate the 25 ft setback from resource area. Keith Glidden not as concerned if plantings were appropriate.
Kevin Cornacchio set site visit for 6 pm on September 21, 2006.
There being no further questions or comments regarding this matter, David Pabich made a motion to continue the Public Hearing to September 28, 2006, Kevin Carr seconded, approved (5-0).
New/Old Business:
Request for an Extension Permit for Order of Conditions—DEP #64-197— MassHighway Department 10 Park Plaza, Suite 3170, Boston, MA 02116.
Pat Trombley requested a 3 year extension of the Order of Conditions. She explained the three facets of the projects that had yet to be competed:
1. Bridge Street bypass, in progress.
2. Widen Bridge Street from Flint to Washington
3. Causeway Pier Park
Keith Glidden noted that he would like to see if there were changed to the conceptual plans as work progresses and requested to see plans for each project for comment and review to see if they warranted a NOI.
Keith Glidden made a motion to extend the Order of Conditions, with conditions, Kevin Carr seconded, approved (5-0).
Request for an Extension Permit for Order of Conditions—DEP #64-323— Stephen Morris, Colonial Remodeling Corp 45 Bridge Street Salem, MA 01970.
Steve Morris updated the Commission on the status of the project, that they had finished blasting, the house had been constructed.
Carey Duques noted that Mr. Morris was seeking a 1-year extension on his Order of Conditions for the house and one on his Order of Conditions for the wall.
David Pabich asked about the status of replication.
Mr. Morris noted that he still needed to complete the wall. He further noted that landscaping would be mainly small shrubs due to the ledge.
Kevin Carr made a motion to extend the Order of Conditions for one year, Kevin Cornacchio seconded, approved (5-0).
Wetlands Violation—DEP #64-360— Mark Tremblay, 7 Laurier Road, submittal in response to an enforcement order.
Ms. Tremblay noted that she would be taping the meeting for record.
Mr. Tremblay described his dissatisfaction with the working of the Enforcement Order and letter he received from the Commission. He noted that he had attempted to comply with his Order of Conditions, but that his engineer had misdirected his actions.
Mr. Tremblay submitted a planting plan to the Commission. He noted his dissatisfaction with not being allowed to replace a City-owned fence.
Mr. Tremblay noted that he had met with Lynn Duncan and Frank Taormina had met to discuss the matter and he thought he had done what he was asked.
Keith Glidden asked for clarification on what needed to be dealt with.
Carey Duques noted the following issues included in an Enforcement Order issued to the property owner on December 13, 2005:
1. Filling of wetlands
2. Cleaning a 24” drain line, documented in the form of a CCTV color video
3. Installation of a 4-foot deep sump catch basin and hood
4. Deck and stone patio
5. Fence installed on top of the concrete headwall
6. Curbing that was lacking along the southern portion of Laurier Road
The Commission had been provided with the restoration plan Mr. Tremblay submitted. Michael Blier agreed with the proposed planting plan.
David Pabich stated that the 4-foot deep sump did not need to be installed considering it would do more harm than good at this point. He did require that a hood be placed on the catch basin on Laurier Road in front of the project site.
The Commission agreed that an amendment to the existing Order of Conditions for the wetlands restoration, cleaning of the 24” drain line and installation of the catch basin hood.
The Commission requested that an after the fact Notice of Intent be filed for the deck and patio. Mr. Tremblay mentioned he might be interested in installing a fence along his property boundary to prevent people from trespassing onto his property. Carey Duques stated that the installation of a fence would also need to be included in the NOI in order for the Commission to review and approve it.
It was noted by Carey Duques that the curbing was not constructed. David Pabich stated that it is typically good practice to install granite curbing when extending a road and developing a parcel of land.
Regarding Mr. Tremblay’s concern over a statement in the Enforcement Letter, Keith Glidden noted that he would take a look at the statement made in the Enforcement Order and cover letter to see if it needed to be modified.
Request for a Certificate of Compliance —DEP #64-341—Bob Dunham, 65 Jefferson Avenue, Demolition of building.
Carey Duques noted the building on this property had been demolished, without notifying the Commission. Carey stated that an Enforcement Order has been issued and that she is waiting for the land owner to record the Amended and Extended Order of Conditions and remove two piles of material from within the resource area before she issues a Partial Certificate of Compliance.
Request for a Certificate of Compliance —DEP #64-320— Elizabeth Bradt 20 Commercial Street, construction of commercial building
Carey Duques noted that she had visited the site and that the size of the building had been reduced.
Kevin Cornacchio made a motion to issue a Full Certificate of Completion, Kevin Carr seconded, approved (5-0).
Appeal of Salem State College Decision- DEP site visit September 27, 2006 at 10 am.
Carey Duques noted that DEP is still reviewing the appeal and the site visit date had been changed. Additionally, the project has triggered the MEPA process.
Update on DEP appeal of 60 Bay View Ave- DEP appeal, site visit held September 7th
Carey Duques reported that DEP had appealed because they had concerns with the proposed height of the seawall and the potential for pressure to be placed on the bottom of the wall with wave action. DEP requested that riprap be used as opposed to cement for the construction of the seawall.
Update on MassHighway Kernwood Bridge maintenance work on pilings
Carey Duques stated that MassHighway was performing maintenance on pilings by filling the pilings with epoxy. She stated that an accident reportedly occurred resulting in the epoxy spilling out into the water. There was no spill kits or booms in place to prevent the spreading of the epoxy. She noted that she send a letter to MassHighway requesting that the Commission be informed of activities as a courtesy. She stated she would keep the Commission up to date with any new information.
Exempt work at 13 Commercial Street, BioEngineering Group— Creation of a rain garden
Carey Duques stated that she spoke with an employee from the BioEnginering Group about the project and based on the information provided (increasing pervious surfaces with erosion control measures in place) had informed the applicant that they were exempt from the Wetland Protection Act. The Commission felt that the project was not exempt and requested that they submit an RDA.
Con Comm. Letter of Support for CPR grant
Carey Duques stated that she compiled a letter of support for the Coastal Pollution Remediation Grant submitted by the City.
Open Space and Recreation Plan Update
Carey Duques stated that proposals are due on 9/27 and she will provide the Commission with an update once the City received proposals for the update of the plan.
Adjournment
There being no further business to come before the Commission this evening a motion was made by Kevin Carr to adjourn the meeting, seconded by Michael Blier and approved (5-0).
The meeting was adjourned at 11:15 p.m.
Respectfully submitted by:
____________________________
Julie Lynn Quinn, Clerk
Salem Conservation Commission
CC091406
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