Salem Conservation Commission
Minutes of Meeting
Thursday, November 16, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, November 16, 2006 at 6:00 p.m. in the third floor Room 314 at 120 Washington Street.
Those present were: Kevin Cornacchio, Joseph Furnari, Amy Hamilton, David Pabich, Michael Blier and David Summer. Also present was Carey Duques, Conservation Administrator and Julie Quinn, Clerk.
Members absent: Keith Glidden
Approval of Minutes
The minutes of the Salem Conservation Commission meeting held on October 26, 2006 were presented for approval. Joseph Furnari moved to approve the minutes with typo corrections, seconded by David Pabich and approved (5-0).
Continuation of a Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA.
Kevin Cornacchio read the letter from the applicant requesting a continuation. The letter stated that the Applicant had retained the services of Hancock & Associates and SP Engineering is working to coordinate with Hancock to review and address DEP’s comments. The Applicant requested that the item be continued until Thursday, November 30, 2006.
Joe Furnari made a motion to continue to November 30th. The motion was seconded by David Pabich and approved (6-0).
Request for Determination of Applicability— 15 Robinson Road Salem, MA 01970.
Kevin Cornacchio read aloud the legal notice for this item.
Bruce Poole with SP Engineering stated that the Applicant submitted the RDA on their own in the interest of time, but that he would be addressing the Conservation Commission on behalf of the Applicant.
Mr. Poole described the proposal as a temporary ramp to and from an existing scale, located in the buffer zone. He noted that permanent ramps are part of the over all plan that the Applicant has before the Conservation Commission (see item above), but that they would like to install temporary ramps before the winter. He described the scale as five concrete pillars/footings with a metal plate on top. The ramp on either side, one from Robinson Road, the other on the house side of the lot, each ramp extending 60 feet and 10 feet wide. He noted that the ramps would be created from fill material, shored up by jersey barriers. The 10 feet closest to the scale on either side would be paved.
Mr. Poole then described the construction process. The jersey barriers would be installed and the fill would be packed in. The goal of the jersey barriers is it to avoid the erosion of the earthen ramp. The surface of the ramps will be covered in concrete in the permanent plan.
Kevin Cornacchio asked if the jersey barriers would only be on the stream side of the ramp.
Mr. Poole replied that the grade of the hill behind the scale will eliminate the need for jersey barriers on the other side of the ramps.
Michael Ferris, the Applicant, noted that they could install jersey barriers on both sides if the Conservation Commission wants them to.
Michael Blier asked if they were planning to install guard rails.
Mr. Poole noted that they were not. He stated that the types of trucks that will be using the ramp would roll right over guard rails.
David Pabich asked if these types of scales are typically at grade.
Mr. Poole replied that they are above grade. Mr. Ferris added that the scale has to be above grade for the mechanics of the scale to function.
David Pabich asked what types of vehicles will be using the scale.
Mr. Poole replied that they will be dump trucks and tractor trailers. He further noted that the trucks will all belong to the Applicant and that the scale in question is not a commercial scale.
Carey Duques noted that she spoke with the Building Inspector, Tom St. Pierre, and that he has not seen the proposed ramp, so he could not say whether or not construction of the ramp requires a Building Permit. He could also not comment on whether or not the scale has been permitted.
David Pabich asked how the Applicant is weighing trucks now and how long they have been without use of this scale.
Mr. Pool replied that the Applicant has been going elsewhere and paying to weigh trucks. Mr. Ferris added that the scale has been out of service for approximately one year.
David Pabich asked if the scale will create a low point in the ground in light of the proposed grade changes and ramp instillation. He expressed his concern that the depression could fill with water that may not be able to percolate through. Further, he asked how the Applicant will handle water if that does happen.
Mr. Ferris noted that they could make the depression run though to the drain proposed in the permanent item the Applicant has before the Conservation Commission (see item above).
Michael Blier noted that the Conservation Commission should be looking at this item alone, not related to any other work proposed which may or may not be approved.
David Pabich asked how the jersey barriers will be held in place. He expressed concern that the load of the trucks using the ramp could buckle the proposed ramp system. He noted that the Applicant may need a building permit.
Mr. Poole responded that the stone dust used to fill the ramp will hold the jersey barriers in place along with the lynpac.
Michael Blier noted that the building inspector or an engineer should review and approve the ramp plan.
Amy Hamilton asked how trucks will turn around once they have been over the scale.
Mr. Poole noted the turn locations on the plans.
Carey Duques noted that the approach extends out and questioned whether there would be enough room for trucks and/or cars to pass between the scale and the stream without falling into the stream.
Mr. Poole noted that there are 20-30 feet for passing.
Michael Blier stated that he wanted to see this reflected on the plan and that he could not see this on the plan that was submitted.
Kevin Cornacchio opened the issue up to public comment
Richard Ross of 8 Peabody Street, Salem, stated that the soil at A&H is polluted and expressed concern that the pollutants would leak into the resource area. He asked that barriers be set up.
Kevin Cornacchio replied that the Applicant has set up hay bales and silt fences.
Mr. Poole further noted that 4-5 test wells have been done in the area in question and that 9 test pits have been dug across the site. Results of these tests show low levels of gasoline and petroleum products. He then explained the future permanent plan for the site (again, see item above).
Patrick Delulis, 16 North Street, Salem, stated that he was also speaking on behalf of Carmen and Angelo Mongiello of 120 Swampscott Road. He stated that if the Conservation Commission approves this plan, they would be approving the scale being constructed without approval of the Conservation Commission or a permit. He stated that the Applicant should have to follow the required permitting process.
Kevin Cornacchio stated that the Conservation Commission understands from the Applicant that the scales have been in place for a number of years and that the footings are newly refurbished
Mr. Poole presented the Conservation Commission with a 1978 plan for the scale.
A local resident stated that the scale looked new because it had been cleaned, painted, components replaced and the footings cleaned up.
David Pabich noted that the plan did not reference a location, it was just a diagram of the scale.
Michael Blier suggested that an old aerial map may show whether or not the scale is new.
Kevin Cornacchio asked how long the scales had been in place.
Mr. Ferris replied that they had been there for 20 years.
Joseph Furnari asked if the scale has been in the same location, same heights, unaltered since it was installed approximately 20 years ago.
Mr. Ferris stated that yes, it had.
Kevin Cornacchio noted that the Conservation Commission did not have a way to prove that the scale had not been in place for years, they have nothing to refute A&H. He further noted that, as with all application, the Conservation Commission has to take the Applicant’s word under treat of perjury that they are being true and accurate in their statements.
Mr. Delulis re-asserted that the scale was new, to which Mr. Mongiello agreed. Mr. Delulis then expressed concern over runoff and did not think the measures in place are working.
Carey Duques noted that she was onsite that afternoon and that some of the hay bales had failed in 2 low spots. She noted that the Applicants needed to remove failed hay bales and replace them with three new rows.
Kevin Cornacchio reminded the Applicant that it is their responsibility to ensure that all control measures remain in place and remain effective.
David Pabich noted his concern with the lack of information presented by the Applicant relative to the space between the edge of the ramp and the stream.
Carey Duques noted that there was another question of the distance from the ramp to the road and whether or not two cars could fit in that area, to get by trucks waiting to use the scale if necessary.
Mr. Ferris noted that they only weigh two to three trucks per day.
Amy Hamilton expressed her concern over the design of the ramp, how the jersey barriers would be tied in as a retaining wall. She noted that she needed further information on how the jersey barriers would stay in place.
Mr. Poole and Mr. Ferris presented photographs in an attempt to show distance available for cars to pass between the scale and the stream.
The Conservation Commission noted that the photographs did not provide enough information.
Mr. Poole expressed concern over the approaching winter and the cost of delaying the project.
David Pabich noted that timing and cost are not the concern of the Conservation Commission. He further noted that obtaining a building permit, or receiving notice that no permit is required, should be dealt with prior to the Conservation Commission issuing a decision. He stated that the Applicant needed to submit a plan showing the proposed ramp as it relates to both the house-side and road-side of the plan and that the jersey barriers and hay bales need to be included on the plan. He concluded as part of the decisions, when made, a condition needs to be included that the Applicant will keep spill kits in the scale house in case a truck overturns on the ramps.
Mr. Ferris noted that placing spill kits in the scale house will not be a problem.
Carey Duques noted that the flagged wetlands need to be included on the plan.
Mr. Poole pointed to the plan to show that the flagged area is currently noted.
Kevin Cornacchio noted that the item should be continued and that the Applicant should pull a building permit or get a determination from the Building Department prior to the next meeting. A site visit was scheduled for Saturday, November 18th at 8:30 a.m.
Joe Furnari made a motion to continue to November 30th. The motion was seconded by David Pabich and approved (6-0).
Continuation of a Public Hearing— Request for an Amendment to an Existing Order— DEP #64-360— 7 Laurier Road Salem, MA 01970.
Kevin Cornacchio read aloud the legal notice for this item.
Tom Keough of Hancock & Associates appeared before the Conservation Commission to represent the Applicant for the wetlands replication portion of this item.
Mr. Keough described the replication of the wetlands—1,200 square feet was excavated per the replication plan, the Applicant cleaned up the masonry debris by hand and the replicate planting was completed. He noted that some adjustments had been made to the replication plan, additional shrubs were added and the area was seeded more densely that planned. He further noted that grass was already growing in. He submitted photos to the Conservation Commission.
Mr. Keough asked permission for the Applicant to remove the silt fence because it is drowning out the grass.
Kevin Cornacchio commended Mr. Keough and the Applicant on the nice job they had done on the replication.
Carey Duques noted that when she had been on site, there were no hay bales or silt fence, but that the Applicant had installed both once she brought the issue to his attention.
Kevin Cornacchio noted that the Conservation Commission will remind the Applicant that he needs to hold a pre-construction meeting prior to starting work.
Kevin Cornacchio opened the hearing up to the public.
There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by Amy Hamilton, and approved (6-0).
Joseph Furnari then moved to Amend the Order of Conditions for DEP #64-360 to include wetlands replication/restoration per boilerplate Special Conditions. The motion was seconded by David Pabich, approved (6-0).
Request for an Extension to an Existing Order— DEP #64-360— 7 Laurier Road Salem, MA 01970. The applicant is requesting an extension to a previously approved Order of Conditions (DEP # 64-360).
Kevin Cornacchio read aloud the items, noting that this item is a Conservation Commission discussion, not a public hearing.
Mr. Keough asked that the Conservation Commission extend the Order two growing seasons, until March 2009.
Joseph Furnari then moved to issue and Extension of an Existing Order for DEP #64-360 until March of 2009. The motion was seconded by David Pabich and approved (6-0).
Public Hearing— Request for an Amendment to an Existing Order— DEP #64-418— Osborne Hills Subdivision DiBiase Residential, PO Box 780 Lynnfield, MA 01940.
Kevin Cornacchio read aloud the legal notice for the items.
Kris Mello of Eastern Land Survey and Paul DiBiase appeared before the Conservation Commission.
Mr. Mello explained that the Mr. DiBiase wished to amend the approved phasing plan to combine Phase 1 with Phase 2 and combine Phase 3 with Phase 4 and Phase 5:
Current |
Proposed |
Phase 1 |
Phase 1 |
Phase 2 |
Phase 3 |
Phase 2 |
Phase 4 |
Phase 5 |
Phase 6 |
Phase 6 |
Phase 7 |
Phase 7 |
Mr. Mellow noted that the proposed phasing plan makes more sense logistically, utility-wise and for construction methods.
Mr. Mellow then noted that the Applicant would comply with all other conditions.
Kevin Cornacchio stated that only Condition #55 would be revised under this proposed revision to the phasing plan.
Mr. Mellow stated that once Phase 1 & 2 were complete, as-builts would be submitted before phases 3, 4, and 5 were started. He stated that because work will be done in the buffer zone and they would need as-builts for those units anyway.
Carey noted that she had been on the site 2-3 times and that the hay bales for phases 1 and 2 were already installed. She further noted that National Grid had been doing work on transmission lines so the Applicant had installed the phase 2 hay bales to protect the resource from damage. She clarified that this National Grid work was not part of the Applicant’s project.
Carey Duques then noted that the Planning board had hired a clerk and when he is on site, he will look to make sure the work is staying within the designated phases, within the controlled area and that the controls are in place.
Kevin Cornacchio opened up the hearing to the public.
There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by Amy Hamilton, and approved (6-0).
Joseph Furnari then made a motion to Amend the Existing Order DEP #64-418 to, Condition 55 to combine Phases 1 and 2 and to combine Phases 3, 4, and 5. The motion was seconded by Amy Hamilton, approved (6-0).
Public Hearing— Notice of Intent— DEP #64-437— Bryan Vazquez 119 Marlborough Road Salem, MA 01970.
Kevin Cornacchio read aloud the legal notice.
Bryan Vazquez, the Applicant, represented himself. He described the plan for the in-ground swimming pool and backyard improvements using a plan drawn up by his architect. He noted that there would be temporary gazebo with a permanent 10x12 foot concrete base, a 21 foot high retaining wall below a pre-fabricated shed, a Gunnite pool, stamped concrete patio around the pool, a six foot fence around the pool, then the back slope would be planted to replicate the wetlands. He stated that there would be hay bales and silt sock at the bottom of the slope. He noted that the bark inside of the silt sock is biodegradable, but the filtrex sock has to be disposed. He also noted that there would be a French drain and catch basin on the edge of the driveway, near the proposed retaining wall.
Mr. Vazquez stated that chlorine would not be used in the pool, instead it would use a salt water generator and that the pool will be heated by an electric heater.
Mr. Vazquez then described his plan to remove trees in the slope where the retaining wall will be in order to properly grade the area. He noted that he planned to plant new trees, something appropriate like blueberry or choke cherry bushes.
David Pabich asked if there were existing hay bales and silt fences left from the developer of the home.
Mr. Vazquez noted that there were.
Carey noted that there was a lot of debris in the northwest corner of the property.
Mr. Vazquez replied that they would pull the trash out. He then added that the construction would be done from the driveway.
Kevin Cornacchio opened the hearing up to the public.
There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by David Pabich, and approved (6-0).
Joseph Furnari then made a motion issue an Order of Conditions for DEP #64-437 with the following special conditions:
1. The Applicant will store all equipment outside of the buffer zone when not in use.
2. If the Applicant begins work in the fall/winter he shall stabilize the slope by installing additional erosion control measures. If the Applicant beings work in the spring, he will plant according to the issued order of conditions.
The motion was seconded by David Pabich, approved (6-0).
Old /New Business
DEP # 64-397—Thomas Circle— Sewer Extension Project. Discussion of next steps now that hay bales and silt fence are installed properly.
Tony Tiro appeared before the Conservation Commission.
Kevin Cornacchio stated that he had been on site today in the rain and he did not see much run-off beyond the silt fence and hay bales.
Mr. Tiro noted that he had been confident that the site had little run-off and the addition of asphalt of the new road installed directs water in the opposite direction of the resource area.
Carey Duques noted that she went up to the site the Friday after the previous meeting and that Mr. Tiro had the requested control measures—hay bales and silt fence—in place.
Kevin Cornacchio asked if the excavator on site would be moved soon.
Mr. Tiro noted that it would.
Carey Duques noted that she and Mr. Tiro had spoken over the past few weeks and he had spread hay to help stabilize the slope and that there is now grass growing.
Kevin Cornacchio noted that the are looked stable to him upon his site visit.
Mr. Tiro passed around pictures.
Kevin Cornacchio asked why erosion control measures for one corner of the site were not complete.
Mr. Tiro stated that he would look into it the following day.
Kevin Cornacchio asked if the boulders against the trees were going to be moved.
Mr. Tiro replied that he could move them.
David Pabich asked why there was a No Disturb area on the map.
Mr. Tiro noted that he was not sure, it has been put in place under the previous owner.
David Pabich noted that Mr. Tiro would need to present a plan for the next growing season and that the plan needs to include plantings to replace the ones disturbed during the construction. He then asked what was planned for the site.
Mr. Tiro noted that four homes at the current grade with walk out basements would be constructed.
David Pabich reminded the Owner that he needed to monitor the site over the winter.
Kevin Cornacchio noted that the Conservation Commission would re-assess site conditions in the spring.
Amy Hamilton asked if the soil stockpiles are still on site.
Mr. Tiro notes that, no, he had moved them.
The Conservation Commission reminded the Owner that prior to re-starting work he needs to notify Carey.
Request for a Certificate of Compliance DEP #64-408—National Grid for work relating to replacement of two transmission line structures.
Carey Duques noted that she had visited the site and that some hay bales were still there.
Kevin Cornacchio noted that was ok because hay will biodegrade.
Joseph Furnari made a motion to issue a full Certificate of Compliance for DEP #64-408. The motion was seconded by David Summer, approved (6-0).
53 Mason Street
David Pabich noted that he noticed stockpiled materials by the bank.
Carey Duques stated that she spoke with Andy Weinstein, the Owner, who said that he had leased the land to MassHighway. In the meantime, the Owner spoke with the City Engineer, Bruce Thibodeau and the piles were moved to the outer 100 feet of the Riverfront Area and silt fence and hay bales were installed along the top of the bank of the North River. Carey Duques noted that the site was not properly zoned for this use and that the catch basins also need to be addressed.
The Conservation Commission decided that Carey Duques will follow up with Tom St. Pierre.
David Pabich noted the Owner or MassHighway needs to have an engineer sign a letter stating what is happening on the site and what is being done to mitigate the impact.
Update, Open Space and Recreation Plan
Carey Duques informed the Conservation Commission that the Open Space and Recreation Committee had hired VHB and that the next committee meeting will be December 5th and there will be a public forum in January which the entire Conservation Commission will be invited to attend.
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 David Pabich and approved (6-0).
The meeting was adjourned at 8:20 p.m.
Respectfully submitted by:
____________________________
Julie Lynn Quinn, Clerk
Salem Conservation Commission
Conservation Commission111606
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