Salem Conservation Commission
Minutes of Meeting
Thursday, October 12, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, October 12, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street.
Those present were: Kevin Cornacchio, Joseph Furnari, Keith Glidden, Amy Hamilton, David Pabich, David Summer and Michael Blier. Also present was Carey Duques, Conservation Administrator, and Julie Quinn, Clerk
Members absent: None
Approval of Minutes
The minutes of the Salem Conservation Commission meeting held on September 28, 2006 were presented for approval. David Pabich submitted written typo corrections. Joseph Furnari moved to approve the minutes with David Pabich’s corrections, seconded by Keith Glidden and approved (7-0).
Continuation of Public Hearing—Notice of Intent—DEP #64-424—David Jalbert, 75 North Street, Salem, MA.
Kevin Cornacchio noted that applicant had re-advertised due to Conservation Commission quorum issues, due to turn over in Conservation Commission members. He then read aloud the legal notice.
Richard Griffin, representing the applicant, described the project which includes adding 1 ½ stories to the block portion of the existing building, adding a loading bay and adding a stair tower. He noted that the improvements requested would all fall within the footprint of the impervious area on the site so it would not alter the drainage pattern or increase runoff. He further noted that the site falls within FEMA Flood Zone A, therefore requiring flow through vents, as noted on the plans.
Kevin Cornacchio asked if the DEP issues had been addressed. Mr. Griffin noted that they had.
Mr. Griffin briefly discussed alternatives the applicant had considered concluding that the current proposal will improve the site and have the least effect on the resource area. The proposed roof will be sloped.
Kevin Cornacchio asked about the location of snow storage. Mr. Griffin stated that snow storage would be on the south west side of the lot, adjacent to the chain link fence, over pervious surfaces.
Mr. Griffin noted that construction is expected to take 6-9 months. He further noted that the footprint of the building will remain the same.
Kevin Cornacchio opened the issue up to public comment.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joe Furnari, and approved (7-0).
David Pabich then moved to Issue an Order of Conditions for DEP #64-424. The motion was seconded by Joe Furnari and approved (7-0).
Continuation of Public Hearing—Notice of Intent—DEP #64-427—Neptune LNG, LLC, One Liberty Square, 10th floor, Boston, MA 02109.
Kevin Cornacchio noted that applicant had re-advertised and re-notified abutters (which there were none located within 100 ft) due to Conservation Commission quorum issues, due to turn over in Conservation Commission members. He then read aloud the legal notice.
Kevin Cornacchio noted that Amy Hamilton was recusing herself from this item.
Doug Jones, representing Neptune LLC, whose parent Company is Suez, re-presented the project which consists of 1.8 miles of underwater pipeline to be constructed in Salem’s jurisdiction as part of a larger LNG pipeline and regasification stations to be located off of the coast. The project also falls within the jurisdiction of Manchester, Beverly and Marblehead. Please refer to Conservation Commission minutes from the July 13, 2006 meeting for the original presentation.
Mr. Jones described the path of the pipeline to be along the path of least resistance, that is the areas of softest (areas of geological sediment), easiest to plow soils. The goal is to avoid hard hock areas. He noted that this is the also the path of least environmental impact. The path also seeks to disturb a minimum area of cultural resources. It does pass through a historic dumping ground.
The pipeline will be 24 inches in diameter, steel pipes encased in three inches of concrete. The pipeline will be buried a minimum of 3 feet—this is a requirement in waters less than 200 feet in depth. Approximately 13.8 acres of seafloor will be disturbed through the trenching process and a total of 37 acres will be disturbed by the construction.
Mr. Jones described the construction process. The pipeline will be laid at approximately 1 mile a day. The plow will dig a “v” along the seafloor, then the pipe is laid. Once the entire pipeline has been laid, the reverse process will be followed to cover the pipe.
Mr. Jones noted that Neptune hopes to have all of its approvals by spring 2007 and to be under construction May through September 2009 and begin energy delivery by the 4th quarter of 2009. He noted that construction in Salem’s jurisdiction would take 2-3 days to lay the pipe then another 2-3 days a few weeks later to cover the pipe. The total estimated time in Salem is 8 days.
Mr. Jones noted that summer is the best time for construction to avoid interference with the lobster migration and whales.
Kevin Cornacchio asked if there will be monitoring during the pipeline construction.
Mr. Jones replied that there would be monitoring as the plow progresses and once the project is complete, a survey will be conducted.
David Pabich asked what would happen if, during construction, you find ledge?
Mr. Jones noted that if they could not plow using two passes of the plow, they would explore boring methods. He noted that they were confident that through planning and surveys, they would not be hitting hard rock.
David Pabich asked if the pipeline was negatively buoyant. Mr. Jones replied that, yes, it is.
Kevin Cornacchio asked if Neptune was going to have a website available to describe daily progress on the pipeline. Mr. Jones said they will have to set up some sort of notification.
David Pabich asked if Neptune would monitor lobster migration. Mr. Jones noted that Neptune has done a lot of work with local lobstermen. He further noted that some lobsters would be buried in the process, but they are doing their best to minimize the impact.
Keith Glidden asked if gas flowing through the pipeline will disrupt wildlife? Mr. Jones replied that it does not. He pointed to studies that have been conducted on other similar lines related to noise, vibration and temperature finding that there are no adverse effects. The gas is 40 degrees when it flows, so there is very little thermal change associated with the flow.
Kevin Cornacchio asked if Suez has experienced surging that disrupts the pipeline covering. Mr. Jones said that this is not an issue.
David Pabich noted concerns about the migration route of lobsters because the pipeline runs parallel to shore for a period of time, particularly what happens during construction.
Michael Blier asked about the sea floor charts handed out to the Conservation Commission. He noted that the coloring indicated that the soils to be disturbed in Salem’s jurisdiction looked to be different than those in other areas. He noted concerns about what this meant.
Mr. Jones did not know what the changes in color meant, but he assured the Conservation Commission that the route chosen was all soft soils.
Mr. Jones noted that Neptune would identify exclusion areas for recreational and commercial uses in connection to construction and operation of the project. He also described the cultural resources survey done on the area as well as the spill prevention measures on the vessels. He also described the approvals needed from a number of other federal, state and local agencies to begin working. Approvals include those for biological resources, which will take into consideration the migration patterns of whales and lobsters.
The Conservation Commission asked several questions related to the Neptune and Algonquin lines, which will run parallel in Salem’s waters. Mr. Jones noted that there is room in the proposed channels for both lines and that the two companies had no plan to converge the projects into a single line.
Kevin Cornacchio asked where the pipeline is in relation to Massachusetts duping found. Mr. Jones noted that it was about 8 miles from the site. He also noted that Neptune had done borings along the route at ½ to ¼ mile intervals.
David Pabich questioned the adequacy of the boring locations, noting that means there are only 5 boring sites in Salem’s waters and that Neptune did not do more extensive borings in areas that are close to known dumping grounds.
Kevin Cornacchio asked what would happen if they ran into something unexpected while plowing, like barrels. Would there be any sampling done along the way? Did they have method of sampling for released containments. Would there be video sampling along the way?
Mr. Jones noted that there would be someone watching the progress of the plowing.
Keith Glidden asked if these people were trained to identify when something had been disturbed or released. He further noted that he wanted to see construction logs for Salem, then a post-construction survey for just Salem.
Keith Glidden noted that Manchester had done a peer review of the project and is sharing the report with Salem, but that the report is specific to Manchester. He also noted that Marblehead had already issued their approval.
Kevin Cornacchio opened the hearing up to the public.
Pauly Bradley, 33 Summer Street, Nahant, asked about the discontinued disposal site the pipeline would go through. She also noted that during construction of the HUB line, conditions of the Order were violated. (The HUB line was not constructed by or related to Neptune.) She expressed her concern for endangered sea life and handed out information about SWIM to the Conservation Commission.
Mr. Jones said he did not know when use of the site was discontinued.
David Pabich noted that Neptune would need to find the date and report back to the Conservation Commission.
Allesandro Cagiati, 808 Hale, Beverly Farms, expressed concern that Neptune never constructed a LNG pipeline like the one proposed. He expressed further concerns and the sea floor conditions, thinks they will have to drill and blast. He further expressed concerns regarding radioactive materials that may have been dumped off the coast.
Paul Brailsmith, Ipswich, concerned about the seaworthiness of the barges (Outside of the Salem’s jurisdiction) and noted his concerns about what would happen if a ship broke away from the barge and the possibility that nets in the sea would get caught up in the lines.
Mary Rogers, 14 Peabody Avenue, Beverly, felt that burring the pipeline only 3 feet is insufficient. She spoke about construction on a pipeline that had been done in Beverly a number of years back, sharing her experience of noise and disruption. She further noted that the Coast Guard has not yet given their approval for the project and the pipeline may have to move.
Kevin Cornacchio noted that if the pipeline does move, they application would need to resubmit to the Conservation Commission.
Philip Joyce, 10 Central Street, Nahant, expressed concerns about cement being used in the pipes because cement corrodes. He also expressed concerns over the effects on wild life.
Mr. Jones noted that the cement used does not corrode in salt water over the useful life of the line.
David Pabich asked that Neptune bring in reports on the lifeline of the pipe.
Mr. Jones also noted that the EIS should address many concerns regarding wildlife. He noted that this report is available at public libraries and online.
Keith Glidden noted that there were still quite a few outstanding questions related to this project. He further noted that if the Conservation Commission could not make a decision, they would consider hiring a consultant to review the project.
Keith Glidden made a motion to continue to October 26th. The motion was seconded by Joe Furnari and approved (6-0).
Continuation of Public Hearing—Notice of Intent—DEP #64-423—Algonquin Gas Transmission, LLC, 890 Winter Street, Suite 300, Waltham, MA 02451.
Kevin Cornacchio noted that applicant had re-advertised and re-notified abutters due to Conservation Commission quorum issues, due to turn over in Conservation Commission members. He then read aloud the legal notice.
Kevin Cornacchio noted that Amy Hamilton was recusing herself from this item.
Jon Bonsall of Algonquin Gas re-presented the project to the Conservation Commission, he made a PowerPoint presentation on their proposal. Dave Noel, Ronnie Borgio and Paul Marta were also present to represent Algonquin. Please refer to Conservation Commission minutes from the July 13, 2006 meeting for the original presentation. Mr. Bonsall gave a brief introduction of Algonquin, an interstate pipeline builder and operator. He described the HUD line Algonquin had constructed, partially running though Salem’s water. As part of the mitigations measures for the HUB line, Algonquin worked on McCabe Park. Algonquin will operate the pipeline and Accelerate will operate the ships.
Mr. Bonsall updated the commission on the permitting process, noting that Marblehead had issued their Order of Conditions, Weymouth was just waiting for the DEP number and they expect Beverly and Manchester to issue Orders soon.
Mr. Bonsall stated that the pipeline is scheduled to be in service by the end of 2007. Due to this schedule, he noted that the permitting schedule is very time sensitive. He further stated that all of the information and reports on this project that have been submitted to other federal and state agencies are available online, in the library and a number of other locations.
Mr. Noel described the HUB line, noting that it runs north to south, while the new pipeline will run south to north. He also described Algonquin’s need to make upgrades/reconfigure meters at the existing facility in Salem to accommodate the increased capacity of the new pipeline.
Mr. Marta described the multiple levels of review required for this project. He described the work that had been done over the past 2 years and ran though a list of surveys and tests that had been completed (for a full list, please refer to the PowerPoint presentation). He specifically noted that they had conducted testing for radioactive materials and had found none. Mr. Marta also addressed questions the Conservation Commission had asked Neptune regarding the types of sediments along Salem’s portion of the pipeline. He noted that the floor materials were soft clay sediments. He further described the route and stated that the area was not shown on the DMF Map as containing shellfish. He also described the post-construction assessment to be conducted.
Mr. Borgio described the timeline of construction one the pipeline as well as the construction techniques. (note, same as Neptune and shown on the PowerPoint presentation). He noted that laying the pipe line would take 3-5 days in Salem and then another 3-5 days to backfill. Mr. Borgio also described that, based on his experience, video monitoring was not adequate for monitoring, and that sonar was superior in this capacity.
Mr. Marta described how construction will relate to lobster migration so that construction does not take place during the migration in that area-between June and October. He noted that, based on their HUB experience, a few lobsters will be buried during the construction process, but that the work will have little to no effect on the migration. Mr. Bonsall also noted the efforts they had made to work with the lobstermen on this project.
Mr. Bonsall described the tax revenues that will be bought to Salem as a result of this project.
Keith Glidden asked where the construction equipment would come from and wanted to be sure that there would be no fungus issues or transporting of water with foreign elements into Salem’s waters.
Mr. Borgio noted that the construction equipment would come either from the Gulf of Mexico or Europe, but that the equipment would not have any ballast water left in it, so there will be no issues.
Keith Glidden noted that he wants to see the construction log and post-construction surveys related to Salem.
Algonquin repetitive felt that was a reasonable request.
Mr. Bonsall described the 3 shutdown valves on the ship (purely informational comment).
Mr. Noel noted that there are check valves on the pipeline, so the pipeline will not evacuate if something happens to the ship. He also noted that the lifeline of the pipe is at least 40 years, and often last longer than the barges/ships.
Mr. Borgio noted that the concrete used in the pipeline is durable in marine environments.
Mr. Borgio and Mr. Bonsall noted that if both the Algonquin and Neptune lines are built, they will be parallel for about 7 miles, including the entire portion running though Salem’s waters.
Carey Duques asked what the likelihood of the two lines combining into one.
Mr. Bonsall noted that it is not likely. Mr. Borgio noted that due to the increased size of the pipe and other factors, merging the 2 pipes into 1 would not necessarily translate into less environmental impact.
Carey Duques asked if gaps in the chain link fence of their landside Salem facility had been repaired.
Mr. Noel noted that they had mended the gaps and filled the spaces with rock, but that there was still work to be done on the fence, expected to be complete in the next month.
David Pabich asked about the historic dumping grounds, what agencies had Algonquin talked to.
Mr. Marta replied that they had to report to the EPA, National Marine Fisheries, NOAH, DEP, MEPA, to name a few. He noted the extensive testing that had been done on the proposed path of the pipeline and was very confident that if there were any barrels, the surveys, tests, sonar would have picked them up.
Kevin Cornacchio opened the hearing up the public.
Mary Rogers, 14 Peabody Avenue, Beverly, asked about holding tanks for the gas and then stated that it was not her impression that Beverley was ready to issue and Order of Conditions.
Mr. Bonsall noted that there would be no holding tanks.
Pauly Bradley, 33 Summer St, Nahant, noted that the letter and information she’s submitted related to Neptune also applies to this project. She expressed her concerns about the HUB line.
Mr. Bonsall stated that they had been working extensively with lobstermen on preparing for this project. He also noted that they would ask the lobstermen not to drop their pots in the construction zone to avoid any issues of accidentally catching traps.
Mark Trembely, 7 Laurier Rd, Salem, asked why, if lobsters were such a big concern, Algonquin couldn’t raise and release a bunch of lobsters as mitigation.
Mr. Marta noted that it is not that easy to establish a hatchery and release lobsters, but that they did provide funding to the state for such purposes.
Mary Rogers, 14 Peabody Avenue, Beverly, asked about flow and why there was not storage tanks.
Mr. Noel described the flow of gas, pressure and that the pipeline provided for storage when necessary.
Rosemary Maglio, 30 Pleasant Street, Beverly, asked if the pipeline will cross the Hibernia Cable.
Mr. Noel stated that it will not.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joe Furnari, and approved (6-0).
Keith Glidden then moved to issue an Order of Conditions for DEP #64-423, with the following special conditions:
1. Applicant shall submit a summary of activities occurring within Salem post-construction including any sonar or water quality monitoring logs.
The motion was seconded by Joe Furnari and approved (6-0).
Continuation of Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA.
Kevin Cornacchio noted that Bruce Poole had faxed a request to continue to Carey Duques dated October 12, 2006. Mr. Poole noted that the applicant is still awaiting DEP’s comments and will then need time to review these comments.
David Pabich made a motion to continue to October 26th. The motion was seconded by Joe Furnari and approved (5-0).
Public Hearing—Notice of Intent— DEP #64-433— 7 Laurier Road, Salem, MA.
Kevin Cornacchio read aloud the legal notice for this item.
Mr. Trembly described his plans to install a wood slat fence, deck and above ground pool.
Carey Duques noted that she had not been in touch with Mr. Trembly to request photos of the existing conditions.
Kevin Cornacchio noted that the patio is proposed to be located partially on the City’s Right of Way.
Mr. Trembly agreed that Kevin Cornacchio was correct, but that he has proposed pavers that can be picked up and moved if necessary to allow for access if required.
Kevin Cornacchio asked if that solution was adequate, and Carey Duques agreed that it was.
David Pabich asked if the pool was proposed in the City’s Right of Way as well. Keith Glidden noted that this placement is acceptable, but that Mr. Trembly could not restrict access.
Mr. Trembly noted that the pool would be 18 feet in diameter and he would try to keep it out of the easement area.
Kevin Cornacchio asked where the fence around the pool would be located. He noted that his concern was that if the fence had to be located around the pool, that would fall in the resource area and Mr. Trembly would need to submit another application to the Conservation Commission.
Mr. Trembly replied that the fence would be attached to the pool. He stated that he had spoken with Tom St. Pierre, the Building Inspector, to confirm that was acceptable.
David Pabich asked about the construction technique for the proposed fence. Mr. Trembly noted that in the resource area, he would be installing the posts by hand.
Keith Glidden noted that the owner cannot drain the pool into the brook or into his yard. Mr. Trembly acknowledged this and noted that he would run a hose from the pool out to the drain, with permission from the City.
Kevin Cornacchio opened the hearing up to the public.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joe Furnari, and approved (7-0).
Joe Furnari then moved to issue an Order of Conditions for DEP #64-433, with the following special conditions:
2. Current and subsequent owners cannot dump or drain anything into the catch basins.
3. The Owner will hand dig the posts for the fence in the resource area and any spoils from the digging must be disposed of off site.
4. This approval for the above ground pool is contingent upon the above ground pool meeting City codes for fencing.
The motion was seconded by Keith Glidden and approved (7-0).
Continuation of a Public Hearing— Request for an Amendment to an Existing Order— DEP #64-360— 7 Laurier Road Salem, MA 01970.
Kevin Cornacchio noted that Mr. Trembly had provided the video of the catch basin cleaning, but that the Conservation Commission was still waiting to hear back from the City Engineer.
Mark Trembley presented a letter from his wetland scientist noting that he would oversee the excavation work.
David Pabich asked if he had a narrative description of the excavating/restoration plan ready to submit. Mr. Trembly noted that he did not have a phased narrative.
David Pabich also noted that the applicant needs to show where the hay bails and silt fence will be located during construction, including where construction equipment will be located and stored. He reiterated that the plan needs to show everything related to this amendment.
Carey Duques clarified that the applicant needs to submit a revised plan of the work to be completed and a sequencing plan.
Kevin Cornacchio opened the hearing up the public.
Joe Furnari made a motion to continue to October 26th. The motion was seconded by David Pabich and approved (7-0).
Public Hearing—Notice of Intent— David Masse SSSD, LLC 20 Mall Road Suite 325 Burlington, MA.
Kevin Cornacchio read aloud the legal notice.
Peter Blaisdell and Larry Gradstein were present to represent the applicant.
Mr. Blaisdell presented the proposed plan for the property that includes the redevelopment of a portion of the former Sylvania Plan as a 3-story commercial building (24,500 square foot footprint) with parking—the total impervious area will be 1.9 acres. This coverage is reduced from the Sylvania Plan use.
He noted that the property is in the North River, Riverfront Area and subject to the Coastal Storm Flow requirements. They believe that while the FEMA maps show the property designated as a River Front Area, the site has previously been developed and no longer fits that designation.
Mr. Blaisdell described the hydrologic analysis done on the site which includes current flow, proposed flow and pre 1995 flow (this is the period when the Sylvania Plan was in operation). He noted the proposed plan reduces flow from either of the other two periods.
Mr. Blaisdell listed the comments that the applicant had received from DEP along with the applicants’ response to each.
Mr. Blaisdell noted that the proposed plan has the required number of parking spaces to meet the zoning regulation. He stated that the zoning reflects the need to increase parking in Salem to attract businesses. He also noted that the plan has more greens pace than is required by zoning. He feels that the plan has the general support of the neighborhood.
David Pabich asked if the existing outflows are controlled with check valves.
Mr. Blaisdell replied that no, they did not. There have been upgrades to Bridge Street so the existing conditions have changed from the conditions reflected on the FEMA map.
David Pabich asked if the elevation of the out falls were tested. Mr. Blaisdell replied that yes, they had tested the elevation on May 16th, after the Mothers Day Flood. He further noted that the Sylvania Plant did not have a history of flooding.
Carey Duques asked why the applicant had focused development on one side of the parcel. Mr. Blaisdell stated that the owner is waiting to develop the corner of the site until he applicant decided what would work best on the corner, likely a retail use.
Carey Duques asked why the building was pushed so close to the street. Mr. Gradstein noted that the NRCC zoning in place on the site is designed to create a streetscape with buildings close to the street.
David Pabich stated that he did not think using pre-1995 as a baseline was not relevant, but since numbers work with the current conditions, that is ok. Mr. Blaisdell noted that he had learned from an experience in Peabody that it is sometimes relevant to examine a redevelopment site at its various stages due to the different uses and effects that can have on flow.
Kevin Cornacchio scheduled a site visit for October 26th at 5 pm.
Kevin Cornacchio opened the hearing to the public.
Joe Furnari made a motion to continue to October 26th. The motion was seconded by Keith Glidden and approved (7-0).
Public Hearing— Request for an Amendment to an Existing Order— DEP #64-396— Massachusetts Electric Company d/b/a National Grid, 55 Bearfoot Road, Northborough, MA.
Kevin Cornacchio read the legal notice aloud.
Ken Lento and Ken Fields represented the applicant.
Ken Fields described the need for the required amendment. Due to a break in to a LNG facility in Everett, security has been tightened significantly. The increased security has made it necessary to create an alternate temporary road for construction vehicles to access the worksite.
Mr. Fields noted that the proposed temporary road boarders an area designated as vegetative wetlands. However, the soils do not meet the standards for vegetative wetland and the area does not boarder a wetlands.
Mr. Fields described the temporary road as being made of either gravel or swamp mats and would be 600 feet long. He noted that the path of the road was laid along the most level area possible. Of the total length, 136 feet would be along the vegetative wetlands. He noted that the applicant would restore the area by raking and seeding.
Kevin Cornacchio asked what kind of vehicles would be using the road. Ken Lento stated that they would be 18 wheel dump trailers.
Kevin Cornacchio noted that he would prefer swamp mats.
David Pabich noted that gravel would be easier for the trucks to drive on and that there would be less chance of a truck tipping over.
Amy Hamilton asked if the applicants had a water truck on site that could help with dust control on a gravel road. Mr. Lento noted that they do.
Kevin Cornacchio opened the hearing up to the public.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joe Furnari, and approved (7-0).
Keith Glidden then moved to amend the existing Order of Conditions for DEP #64-396 to allow for the instillation of the temporary road. The portion of the road constructed in the resource area to be made with swamp mats and the remainder to be gravel. The motion was seconded by Joe Furnari and approved (7-0).
Old /New Business
DEP # 64-397—Thomas Circle— Sewer Extension Project. Discussion of project change and work within a buffer zone.
Anthony Tirro, the Owner and Contractor, represented himself. He noted that he did put the silt fence in before he started work, then blasted for the sewer and noticed that the abutter’s yard was eroding, so he put some blasted ledge against the eroded area. He stated that he knew he had to put a drain swale at the existing grade of 19 Thomas Circle.
He also noted that his construction plans did not include the “no disturb” zone, as stated in the Order of Conditions. He noted that he understood that to be an oversight on his part.
He then noted that he thought he had encroached while working on the sewer, so he contacted Scott Patrowitz to confirm. When Scott saw the site, he told the Owner that he had violated his Order of Conditions and then began his conversations on this topic with Carey Duques on September 20th. On October 2nd, he received a call from Carey Duques to tell him to stop work.
He further noted that the drain swale was now at a less steep grade, which would decrease the velocity of flow and therefore be better for the conservation area.
Carey Duques noted that Scott Patrowitz had been listed as the applicant on the NOI, so she had mailed the Order to stop to Mr. Patrowitz’s office, but he had moved and the Order was returned to her on October 12th.
Carey Duques asked if he could have taken a different path and that she did not understand why he didn’t have a copy of Scott’s plans. Mr. Tirro noted that this was his own fault. Carey Duques further noted that Mr. Tirro informed her that he was not aware of the other Conditions. Mr. Tirro confirmed this.
David Pabich asked what the Owner removed.
Mr. Tirro stated that he removed brush and trash.
Kevin Cornacchio noted that the Owner would need to re-vegetate, but that the planting season was over and he would need a planting plan for Spring and temporary measures to be put in place now.
Michael Blier noted that in addition to the removal of vegetation, the topography of the site had been altered.
David Pabich stated that the area needed to be stabilized, then seeded and planted in the spring. Then the area should be treated per the original Order of Conditions.
Amy Hamilton added that erosion control measures might be required.
Kevin Cornacchio noted that he needed to go see the site, to see what the Owner had done and to see what control measures he had in place.
Kevin Cornacchio noted that the item would be continued to October 26th.
Request for a Certificate of Compliance DEP #64-416 2 Cedarview Street
Carey Duques recommended that the Conservation Commission issue a full Certificate of Compliance.
Joe Furnari then moved to issue a full Certificate of Compliance for DEP #64-416. The motion was seconded by David Pabich and approved (7-0).
Request for a Certificate of Compliance DEP #64-353 Dominion Energy
Kevin Cornacchio recused himself from this item.
Carey Duques noted that the proposed work was never completed and that the NOI had lapsed.
Keith Glidden then moved to issue and Invalid Order of Conditions for DEP #64-353. The motion was seconded by David Pabich and approved (6-0).
DEP # 64-420—Leggs Hill YMCA— Discussion of project change and alteration to drainage outfall plans.
Carey Duques noted that the applicant had incorporated a double catch basin, but the laying of pipe changed. The reason for the change was related to fire access issues raised as the project went though the Planning Board. Additionally, the topography of the new plan allows the outfalls to work better.
David Pabich and Kevin Cornacchio both noted that they felt the new plan was better than the old plan.
The Conservation Commission noted that there was no vote needed and that a formal amendment was not required.
3A Winter Island Road—Maintenance of seawall, burying utilities, and request by the Conservation Agent for landowner to file a Notice of Intent.
Carey Duques noted that she went to the site and spoke with the owner. She did ask them to stop work and file and NOI. She asked the Conservation Commission to schedule a site visit prior to the next meeting.
Kevin Cornacchio noted that the project had received a Chapter 91 license, and that the owners had just forgotten to bring the project before the Conservation Commission.
Kevin Cornacchio scheduled a site visit for 4:30 pm on October 26th.
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 Keith Glidden and approved (7-0).
The meeting was adjourned at 11:15 p.m.
Respectfully submitted by:
____________________________
Julie Lynn Quinn, Clerk
Salem Conservation Commission
CC101206
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