Salem Conservation Commission
Minutes of Meeting
Thursday, November 30, 2006
A regular meeting of the Salem Conservation Commission was held on Thursday, November 30, 2006 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street.
Those present were: Kevin Cornacchio, Joseph Furnari, Amy Hamilton, Keith Glidden, Michael Blier and David Summer. Also present was Carey Duques, Conservation Administrator.
Members absent: David Pabich
Meeting Minutes—November 16, 2006
The minutes of the Salem Conservation Commission meeting held on November 16, 2006 were presented for approval. Joseph Furnari moved to approve the minutes with typo corrections, seconded by Michael Blier and approved (4-0).
Request for a Determination of Applicability— KeySpan Energy, 175 East Old Country Road Hicksville, NY 11801.
Kevin Cornacchio read the legal notice aloud.
Saskia Oosting, GEI Consultants, appeared to represent KeySpan. Ms. Oosting noted that due to increased security measures imposed by Homeland Security, KeySpan needs to add a new fence. She described the position of the fence and the other potential locations, provided photographs, and noted that in all scenarios, the fence cuts across land under the Conservation Commission’s jurisdiction. That being the case, she stated that they located the fence at higher areas to minimize impact on the resource area. She concluded that the digging work will be done by hand, all soil dug out will be taken off site and the work would not involve filling the area.
Kevin Cornacchio asked about gate described by Ms. Oosting by not shown on the plans submitted.
Ms. Oosting replied that there will be gate, but that the Applicant had not yet selected its location.
Kevin Cornacchio asked about the tree shown on the plans and seen in the photograph.
Ms. Oosting replied that the tree in the photographs and the tree on the plan are the same; the Applicant will not be moving the tree. He also pointed out the two monitoring wells shown on the plans.
Kevin Cornacchio asked if the workers digging the fence holes would be OSHA trained.
Ms. Oosting replied that, yes, all of the workers dong subsurface work would be OSHA trained. He clarified that the fence instillation would be done by a fence company.
Kevin Cornacchio asked if there was a need to add additional fencing in the future?
Ms. Oosting replied that she was not aware of the need for any additional fencing.
Kevin Cornacchio opened the meeting 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 David Summer, and approved (6-0).
Keith Glidden then made a motion to issue a Negative 2 with the following special conditions:
1. The Applicant will ensure that the subsurface work is done by OSHA trained workers.
2. The Applicant will remove all soils off site.
If both conditions are not met, the Applicant shall be required to submit an NOI. The motion was seconded by David Summer, approved (6-0).
Ms. Oosting noted that KeySpan plans to begin work on Monday.
Continuation of a Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA.
Kevin Cornacchio read aloud the legal notice.
Kevin Cornacchio then read aloud a letter from the Applicant’s representative, Bruce Poole, requesting a continuation. Mr. Poole noted in the letter that Hancock Associates would not have their survey work complete until the second week of December and a submittal will not be ready until January.
Joseph Furnari made a motion to continue to January 11th. The motion was seconded by Dave Summer and approved (5-0).
Continuation of a Public Hearing—Request for Determination of Applicability— A & H Auto Exchange Inc., 15 Robinson Road Salem, MA 01970.
Kevin Cornacchio read aloud the legal notice.
Bruce Poole, SP Engineering, appeared before the Conservation Commission to represent A&H. He noted that at the last Conservation Commission meeting and at the site visit questions were raised about the pinning of the two jersey barriers together by ½ inch cables and the need for more detail on the headwall. To that end, Mr. Poole submitted blueprints of the headwall to the Conservation Commission
Carey Duques noted that the Applicant had submitted the request for this work to the City Engineer, Bruce Thibodeau, for a Stormwater Alteration Permit. She further noted that the Conservation Commission should consider that this application is for RDA alone (not in conjunction with the pending NOI) and noted that the Conservation Commission could issue a Determination of Applicability with conditions or they could require the Applicant to submit an NOI.
Mr. Poole noted that on Tuesday he met with Carey Duques, Bruce Thibodeau and Tom St. Pierre (the Building Inspector). Mr. St. Pierre said a building permit is not required. Bruce Thibodeau did note a number of items he wants to see incorporated into the plan including curbing on both sides or a steel rail on both sides of both ramps, of which the curbing has now been included in the plans, plus some more complex stormwater flow work.
Mr. Poole described the work requested by Mr. Thibodeau in detail. He noted that he re-did hydro flow plan to show how the ramps change flow of runoff on site. Currently flow runs between Robinson Road and the driveway and mostly through the hay bails. Mr. Thibodeau recommended restoring the ditch along the side of the driveway so it doesn’t allow for sheet flow to continue down the street and flood Swampscott Road. He continued that Mr. Thibodeau wants the Applicant to wrap the stormwater ditch around the north side of road and turn into existing low areas currently filled with stones. He concluded that this solution eliminates most of the flow entering into brook
(10-25 year storm) but that anything over that amount will go into the brook. He stated that this solution would help eliminate flooding on the Mongiello’s property.
Mr. Poole noted that the ramp will divert flow into the gully, and all other flow on the site will remain the same.
Kevin Cornacchio asked how the Applicants plan to get rid of ledge?
Mr. Poole responded that the Applicant would not be blasting, the would instead use jackhammers for the work to be done in the buffer zone.
David Summer asked what the Applicant would do with the trucks and other debit in the gully.
Mr. Poole replied that the Applicant would remove the trucks and debris.
Carey Duques responded that if the Conservation Commission issues a Negative determination, Mr. Thibodeau will oversee the work under the Stormwater Alteration Permit. She noted that the Conservation Commission could put conditions on the Negative determination. She continued that if the Conservation Commission wants the Applicant to submit for an NOI with special conditions that will create another layer of enforcement. She further noted that issuing a Negative determination means that the decision will not be recorded with the Registry of Deeds.
Keith Glidden noted that this qualifies as buffer zone work.
Kevin Cornacchio expressed his concern about ledge and standing water.
Mr. Poole noted that the ledge slope was busted up and filled in and that the abutting property is higher in elevation, so any flow will go down hill and not onto his neighbor’s property.
Kevin Cornacchio noted that it appeared that runoff would flow into the existing gully then down Swampscott Rd.
Carey Duques stated that the Applicant would need to submit engineered stamped plans to Mr. Thibodeau.
Mr. Poole noted that he would be meeting with Hancock next week to discuss the NOI and this work proposed under this RDA.
Kevin Cornacchio noted that if the proposed plan is changed by Hancock before they stamp it, the Applicant will need to resubmit this plan to the Conservation Commission for review.
Carey Duques expressed concern that the discussion had gotten off track as the Conservation Commission is only reviewing the RDA submission for the ramp and not the NOI.
Mr. Poole noted that the jersey barriers abutting the ramp will help keep silt from entering the stream.
Kevin Cornacchio asked if the proposed detention pond, discussed as part of the work to be done under the Stormwater Management Permit, is outside of the buffer zone.
Mr. Poole replied that it is approximately 250 feet from the brook.
Kevin Cornacchio opened the hearing up to the public.
Dana Delisio, 100 Swampscott Road, expressed his concern that his site is in fact at a lower elevation than the Applicant had stated and that the area is not going to percolate and the excess water will end up in his wetlands.
The Conservation Commission agreed that this could be a problem and asked if the wetlands mentioned is a jurisdictional wetland.
Mr. Delisio noted that the wetlands are fed by intermittent stream. He noted that I am not in favor of this at all.
Dave Delisio, also owner of Castle Creek Adventure Land noted that this plan should be done as part of the DEP enforcement order and this proposal should not be approved.
Mr. Poole noted that Mr. Thibodeau wants to make sure the water doesn’t go down the road. He continued that if the Applicant channeled water down into the gully, they will accomplish removal of flow from the brook.
Keith Glidden noted that his concern is that he does not want more water being sent into the resource area and that further detail would be needed.
Kevin Cornacchio agreed that without topographic maps and grades, the Conservation Commission could not tell where the low spots are.
Carey Duques noted that the topography and wetland locations on the other sites is unclear, but most importantly that this discussion is outside of the RDA in question.
Patrick Delulis, 16 North Street, also speaking on behalf of the Mongiellos, noted that he understands the intent and supports effort to protect the resource area it is directly impacting the abutters. He continued that he is in support of anything that can be done to mitigate surface flow into the brook and solve the problem of runoff onto the neighbors’ properties. He stated, however, that he wanted to be assured that the plan would work. He wants to see stamped engineered plans showing that the abutters will not be negatively impacted.
Scott Patrozits, 18 Brown Street, agreed that the concept is good. But, he pointed out that details are lacking. He noted that his primary concern is that we not shift water onto to someone else’s property, and that without details, he cannot make a determination. He further noted that any waters coming across this area will further limit access to Robinson Road.
Carey Duques noted that the City Engineer’s concern is the amount of water flowing and where it will go. She continued that the Conservation Commission should look only at the proposed ramp as the individual item currently before them. She noted that the question is whether or not the ramp will effect resource area.
Kevin Cornacchio asked if the activities discussed outside of the RDA should trigger an NOI.
Mr. Poole replied that the only work the Applicant needs to do to appease Mr. Thibodeau is to clean out the existing gully. He noted that the water will go right down the road for now and the Applicant will deal with the rest of these issues under the NOI.
Michael Blier stated that all the Conservation Commission needs to know is how the ramp effects the velocity of the runoff.
Kevin Cornacchio agreed that the Conservation Commission needs to stick to the RDA at hand and leave the rest of the items raised by Mr. Thibodeau.
Amy Hamilton asked if the City Engineer would allow run off down the roadway.
Mr. Poole replied that he would so long as he knows the Applicant has a permanent plan in the works to deal with the runoff.
Carey Duques noted her concern about what cleaning of gully means because it was not defined as part of the RDA or the NOI, but perhaps Mr. Thibodeau’s dealing with that through the Stormwater Alteration Plan will be sufficient.
Kevin Cornacchio noted that the Conservation Commission would vote only on the temporary ramp this evening and at this point no sump is needed until the Applicant begins changing grades under the work proposed in the NOI.
David Summer noted that he wants to be sure that cleaning out gully means removing all of the junk out of those areas.
There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by Keith Glidden, and approved (6-0).
Keith Glidden told the Applicant that they have one of the most complicated pieces of property in Salem, and he suggested that they come in to the Conservation Commission before doing any work on their site. He specifically sited the refurbishing done to the scale and noted that much of the disagreement surrounding that issue would have been clarified had the Applicant appeared before the Conservation Commission.
Keith Glidden then made a motion to issue a Negative 3 with the following special conditions:
1. The Applicant will remove vehicles from the stormwater ditch along the base of the hill and the perimeter of the driveway.
2. The Applicant cannot start work until they receive a Stormwater Alteration Permit form the City Engineer.
The motion was seconded by David Summer, approved (5-1, Amy Hamilton voted against).
Continuation of a Public Hearing—Notice of Intent— DEP #64-434—Town and Country Homes 532 Lowell Street Peabody, MA 01960.
Kevin Cornacchio read aloud a letter from Attorney Kelty requesting a continuation until after the peer review for Planning Board is complete.
Joseph Furnari made a motion to continue to January 25th. The motion was seconded by David Summer and approved (6-0).
Continuation of a Public Hearing—Notice of Intent— DEP #64-436—Peter and Diane Haywood, 3 A Winter Island Road, Salem, MA.
Kevin Cornacchio read the legal notice aloud.
Carey Duques noted that this item was heard in October when it was continued because she was waiting to hear back from DEP regarding whether or not the Applicant needed to file for a new Chapter 91 permit. She further noted that although the Conservation Commission had issued a stop work, the Applicant continued to work and noted that at the site visit, it was apparent that the work was approximately 80% complete.
Mr. Haywood noted that work has not continued since the site visit.
Carey Duques note that she had spoken with Dave Slaggel from DEP today and that DEP had still not made a determination on whether the work proposed by the Applicant was covered under the current Chapter 91 permit or if the Applicant would need file for a new Chapter 91 permit. She stated that Mr. Slaggel said that if the work was within one foot of the original Chapter 91 permit, it is covered under the existing permit, but there is a rip rapped area and steel wall tie in that make the decision unclear. Carey Duques noted that Mr. Slaggel indicated that he would contact her tomorrow to touch base.
Keith Glidden asked if the Applicant had applied to DEP to do the work in question.
Mr. Haywood noted that he had not. He stated that he believed that the Chapter 91 would cover the work in question. He then described the site and the work: The site had a concrete wall where he takes the boats out, but the wall and rip rap were deteriorating. He put up a steel wall to try to keep things form deteriorating any further. He noted that when Carey Duques showed up initially and asked him to stop, he had already installed z—sheet pilings and put in a dead mans weight to tie into to further prevent the wall from falling.
Mr. Haywood said that after receiving the Conservation Commission’s notice to stop and trying to contact DEP, he became very concerned that he would not be able to haul boats out and that he would be able to run his business. As a result, he kept working after receiving the order to stop. He further noted that he was within a foot of the work permitted under the original Chapter 91 and that he had used good materials and procedures in the work he had done. He further noted that he had not done any maintenance work prior to this and that he cares about the Cove.
Carey Duques noted that the Chapter 91 process is a separate issue and that the Applicant should have contacted the Conservation Commission before staring work because he is working in a resource area.
Keith Glidden reminded the applicant that his property is located in a very important resource area. Any work the Applicant does will need to be brought before the Conservation Commission and the Applicant will need to allow time for this when he considers work in the future. He further noted that the Applicant needs to follow all procedures and when presented with a stop work order, he needs to stop work.
Mr. Haywood replied that he understood.
Carey Duques noted that she could talk to the applicant about ways to permit regular maintenance—maybe a blanket RDA or NOI. She further noted that she could help the Applicant delineate the scope of work.
Kevin Cornacchio noted that once Carey Duques speaks to DEP, if they require additional filings, the Applicant would be called before the Conservation Commission again.
Kevin Cornacchio opened the hearing to the public.
Kevin Cornacchio noted that Carey Duques would mail the Order of Conditions to the Applicant which he will then need to take to the Registry of Deeds and file.
Carey Duques reminded the Applicant to call her before he starts work to schedule a pre-construction site visit.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joseph Furnari, and approved (6-0).
Keith Glidden then made a motion to issue an Order of Conditions for DEP #64-436 with the following special conditions:
1. The Applicant shall get a determination from DEP as to whether the work proposed can be conducted under the existing Chapter 91 permit or whether a new Chapter 91 permit is required. A copy of the letter from DEP regarding the Chapter 91 license shall be submitted to the Conservation Agent. If a new Chapter 91 permit is requires, the Applicant will need to follow that procedure.
The motion was seconded by Joseph Furnari, approved (6-0).
Public Hearing— Request for a Determination of Applicability— Osborne Hills, P.O. Box 780, Lynnfield, MA 01940.
Carey Duques noted that the Conservation Commission needs to continue to a later date to find a translator for two hearing impaired abutters who wished to attend the meeting and comment on this item. Carey Duques further noted that the abutters did not contact her until yesterday and she was not able to find a translator on such short notice. She concluded that a translator will be required by law and provided by the City.
Keith Glidden made a motion to continue to December 14th. The motion was seconded by Joseph Furnari and approved (6-0).
Public Hearing— Request for a Determination of Applicability— Osborne Hills, P.O. Box 780, Lynnfield, MA 01940.
Carey Duques noted that the Conservation Commission needs to continue to a later date to find a translator for two hearing impaired abutters who wished to attend the meeting and comment on this item. Carey Duques further noted that the abutters did not contact her until yesterday and she was not able to find a translator on such short notice. She concluded that a translator will be required by law and provided by the City
Keith Glidden made a motion to continue to December 14th. The motion was seconded by Joseph Furnari and approved (6-0).
Public Hearing— Notice of Intent— Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940.
Carey Duques noted that the Conservation Commission needs to continue to a later date to find a translator for two hearing impaired abutters who wished to attend the meeting and comment on this item. Carey Duques further noted that the abutters did not contact her until yesterday and she was not able to find a translator on such short notice. She concluded that a translator will be required by law and provided by the City
Keith Glidden made a motion to continue to December 14th. The motion was seconded by Joseph Furnari and approved (6-0).
Public Hearing— Notice of Intent— Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940.
Carey Duques noted that the Conservation Commission needs to continue to a later date to find a translator for two hearing impaired abutters who wished to attend the meeting and comment on this item. Carey Duques further noted that the abutters did not contact her until yesterday and she was not able to find a translator on such short notice. She concluded that a translator will be required by law and provided by the City
Keith Glidden made a motion to continue to December 14th. The motion was seconded by Joseph Furnari and approved (6-0).
Public Hearing— Notice of Intent— Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940.
Carey Duques noted that the Conservation Commission needs to continue to a later date to find a translator for two hearing impaired abutters who wished to attend the meeting and comment on this item. Carey Duques further noted that the abutters did not contact her until yesterday and she was not able to find a translator on such short notice. She concluded that a translator will be required by law and provided by the City
Keith Glidden made a motion to continue to December 14th. The motion was seconded by Joseph Furnari and approved (6-0).
Old /New Business
Greenscapes North Shore meeting
Carey Duques told the Conservation Commission about a breakfast meeting being held in Danversport to discuss stormwater and pollution prevention, starting at 8 am. She noted that the event was a collaborative effort between the Salem Sound Coastwatch, Ipswich River Watershed Association, Eight Towns and the Bay Committee, and the Massachusetts Bays Estuary Association and that conservation commission members were invited to attend.
Open Space and Recreation Committee Meeting
Carey Duques told the Conservation Commission that the next Tuesday evening at 6:30 pm at 120 Washington Street. She invited any interested Conservation Commission members to attend. She noted that it would be helpful for Conservation Commission members to describe to the Open Space and Rec Committee what the Conservation Commission does and discuss with the committee what they would like to see in the plan.
Kevin Cornacchio noted that the Conservation Commission would like to see preservation.
Keith Glidden added that he would like to see acquisition of land
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 (6-0).
The meeting was adjourned at 8:05 p.m.
Respectfully submitted by:
____________________________
Julie Lynn Quinn, Clerk
Salem Conservation Commission
Conservation Commission113006
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