Salem Conservation Commission
Minutes of Meeting
Thursday, January 11, 2007
A regular meeting of the Salem Conservation Commission was held on Thursday, January 11, 2007 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street.
Those present were: Kevin Cornacchio, Joseph Furnari, Michael Blier, Keith Glidden, David Pabich and David Summer. Also present were Carey Duques, Conservation Administrator and Julie Quinn, Clerk.
Members absent: Amy Hamilton
Meeting Minutes—December 14, 2006
The minutes of the Salem Conservation Commission meeting held on December 14, 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— Request for a Determination of Applicability— Osborne Hills, P.O. Box 780, Lynnfield, MA 01940.
Kevin Cornacchio read aloud the legal notice for this item.
Jim McDowell of Eastern Land Survey, representing the owner described the location of Lot 6, located within a buffer zone to BVW. He explained that this lot was within the larger Osborne Hills project approved last year.
Mr. McDowell explained that Lot 6 is more than 50 feet from the buffer and only 25 square feet of the lot are located within the buffer zone. He noted that the area within the buffer zone will be landscaped and the driveway nearby would be hot topped. He further noted that the footprint of the house was the same as shown in the definitive plan.
Mr. McDowell explained that the lot would be at elevation 127 at the garage, elevation 126 at the road and that a retaining wall will be built outside of the buffer zone to bring the grade up in the back of the lot.
Kevin Cornacchio asked about the type of resource area in question.
Mr. McDowell replied that it was BVW.
David Pabich asked if there is an inlet.
Mr. McDowell replied that yes, there is an existing inlet. He explained that the plan fits lots into existing drainage patterns and that there is only surface flow. He further explained that the drainage on the site will stay constant, but will just be routed differently, he stressed that there will be no increased runoff into the watershed per plan approved by Conservation Commission. He did note that on the submission before the Conservation Commission at this time, culverts were not reflected and he would amend the plans and submit for record.
Kevin Cornacchio opened the hearing up to the public.
Keith Glidden asked how high the retaining walls would be.
Mr. McDowell noted that they would be 3-5 feet and made of stone and crushed ledge on a processed stone pad.
Carey Duques asked about the type of landscaping.
Mr. McDowell noted that there would be a grass lawn, shrubs and two street trees per lot.
There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the public hearing, seconded by Joseph Furnari, and approved (6-0).
Keith Glidden made a motion to issue a Negative 3. The motion was seconded by Joseph Furnari and approved (6-0).
Continuation of a Public Hearing— Request for a Determination of Applicability— Osborne Hills, P.O. Box 780, Lynnfield, MA 01940.
Kevin Cornacchio read aloud the legal notice for this item.
Jim McDowell of Eastern Land Survey, representing the owner described the location of Lot 31, located within a buffer zone of BVW. He explained that this lot was within the larger Osborne Hills project approved last year.
Mr. McDowell noted that Lot 31 is diagonally across the street from Lot 6 and only a small portion of the lot is located within the buffer zone. He also noted that the house will have the same footprint as shown on the definitive plan, with a walkout cellar due to the grade.
Mr. McDowell explained that to create a level backyard and a stable lot, they proposed to construct a boulder wall, noting that they felt a boulder wall would be more stable in the long term than an earthen wall. He further explained that the wall would be 12-13 feet high at its highest point and would taper down a couple of feet at the end. He also noted that there would be a chain link fence along the top of the wall.
Carey Duques asked if the Applicant had spoken to Tom St. Pierre, the Building Inspector, to see if a building permit would be required for the wall.
Mr. McDowell replied that he would have to check with Paul DiBiase.
Mr. McDowell then explained that the roof runoff discharge area would be set back 25-30 feet from the wall and that erosion control measures will be taken around this work in addition to the existing requirements in place on the entire site, including silt fence 5-6 feet up, and would not cut down significant trees.
Kevin Cornacchio reminded Mr. McDowell that the Applicant will also be responsible for removing the erosion control measures once the project is complete.
David Pabich asked what types of foliage exist and how it will be impacted.
Mr. McDowell noted that the area is wooded with stunted growth.
Chris Mello noted that the growth was less than 6-8 feet.
Carey Duques noted that at her last site visit, work on the road may have already impacted the area.
Michael Blier asked why the wall is necessary.
Mr. McDowell replied that the site is backwards to the road grade.
Michael Blier and David Pabich both noted that it is hard to look at Lot 31 separate from the adjacent lot because the retaining wall continues from one lot to the other.
Mr. McDowell noted that they could review this lot during a site visit with the NOIs and the Conservation Commission agreed that the item would need to be reviewed at a site visit with the NOIs.
Kevin Cornacchio opened the hearing up to the public.
There being no further discussion the matter, Joseph Furnari made a motion to close the public hearing, seconded by David Pabich, and approved (6-0).
A site visit was scheduled for Saturday February 3rd at 8 am. Mr. McDowell and Mr. Mello agreed to stake out the areas in question and both plan to be present for the site visit.
Joseph Furnari made a motion to continue until February 8th, seconded by David Pabich, and approved (6-0).
Continuation of a Public Hearing— Notice of Intent— DEP #64-440—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940.
Kevin Cornacchio read aloud the legal notice for this item.
Jim McDowell of Eastern Land Survey, representing the owner handed in the abutter notice slips. He then described the location of Lot 4, located within a buffer zone of BVW. He explained that this lot was within the larger Osborne Hills project approved last year.
Mr. McDowell noted that there was more activity on this lot, including a retaining wall and water and sewer connections running through the buffer zone. He explained that the wall starts at 1-2 feet then goes up to 4 feet then continues on the other side of the driveway up to 5-6 feet. He further explained that the grades are higher in the back of the lot and slope down toward the front.
Mr. McDowell noted the house on this lot will have the same footprint as shown on the definitive plan and that the buffer zone has already been disturbed by the road construction.
Kevin Cornacchio noted that this lot is very similar to Lot 6 and that there is not a lot to ask prior to the site visit.
David Pabich asked that when the Applicant update the plans they need to call out erosion control measures at the catch basins, including both hay bales and silt fences surrounding and filter fabric over the grates.
Kevin Cornacchio opened the hearing up to the public.
There being no further discussion the matter, Keith Glidden made a motion to close the public hearing, seconded by Joseph Furnari, and approved (6-0).
A site visit was scheduled for Saturday February 3rd at 8 am. Mr. McDowell and Mr. Mello agreed to stake out the areas in question and both plan to be present for the site visit.
Joseph Furnari made a motion to continue until February 8th, seconded by Keith Glidden, and approved (6-0).
Continuation of a Public Hearing— Notice of Intent— DEP #64-439—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940.
Kevin Cornacchio read aloud the legal notice for this item.
Jim McDowell of Eastern Land Survey, representing the owner handed in the abutter notice slips. He then described the location of Lot 29 located within a buffer zone. He explained that this lot was within the larger Osborne Hills project approved last year.
Mr. McDowell explained that the footprint of the house would be different than shown on the definitive plan, but would still have the garage between the cellar and first floor.
Mr. McDowell noted that the proposed retaining wall would connect to the roadway retaining wall, with a maximum height of 4-5 feet, noting that the wall is vertical. He also noted that erosion control will be proposed on the back of the site, to keep silt from moving toward the wetlands. He further noted that the roof recharge system will be located in the back of the lot.
David Pabich asked if all of the drainage on the back of the lot will flow to the wall without controls.
Mr. McDowell replied that the roof runoff will be captured in a recharge area (perforated chamber surrounded with crushed stone), and only the sheet flow will flow to wall.
David Pabich noted that the Conservation Commission needs to see the toe of the slope and will need to see if there are any large caliper trees that are going to be lost and if there is any way to work around these trees.
David Pabich asked if the deeds will have any language relative to the open space abutting the lots, ensuring the owners do not clear areas or cut trees without proper approvals.
Mr. Mello and Attorney Correnti noted that the deeds have not been created yet, but he could have some language for the Conservation Commission to review at the next meeting.
Kevin Cornacchio opened the hearing up to the public.
There being no further discussion the matter, Keith Glidden made a motion to close the public hearing, seconded by Joseph Furnari, and approved (6-0).
A site visit was scheduled for Saturday February 3rd at 8 am. Mr. McDowell and Mr. Mello agreed to stake out the areas in question and both plan to be present for the site visit.
Keith Glidden made a motion to continue until February 8th, seconded by Joseph Furnari, and approved (6-0).
Continuation of a Public Hearing— Notice of Intent— DEP #64-438—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940.
Kevin Cornacchio read aloud the legal notice for this item.
Jim McDowell of Eastern Land Survey, representing the owner handed in the abutter notice slips. He then described the location of Lot 30, located within a buffer zone of BVW. He explained that this lot was within the larger Osborne Hills project approved last year.
Mr. McDowell noted that almost all of this lot is located within the buffer zone. He noted that the house would be built as shown on the definitive plan.
Mr. McDowell explained that the retaining wall from Lot 31 would continue onto Lot 30. He continued that to soften the edge, the wall would be built with a 1:1 ratio on the back and would be 16 feet tall at its highest point, with a chain link fence around the top. He also described the erosion control measures to be put in place around the lot. He noted that the roof recharge on the house would be the same as described on the other units.
The Conservation Commission had the same discussion and comments as on Lots 29 and 31.
Kevin Cornacchio opened the hearing up to the public.
There being no further discussion the matter, Joseph Furnari made a motion to close the public hearing, seconded by Keith Glidden, and approved (6-0).
A site visit was scheduled for Saturday February 3rd at 8 am. Mr. McDowell and Mr. Mello agreed to stake out the areas in question and both plan to be present for the site visit.
Joseph Furnari made a motion to continue until February 8th, seconded by Keith Glidden, and approved (6-0).
Public Hearing— Notice of Intent— DEP #64-441— North River Canal, LLC. 282 Bennington Street, East Boston, MA 02128.
Kevin Cornacchio read aloud the legal notice for this item.
Attorney Joe Correnti, representing the NRC, LLC, gave a brief background on the site. He noted that it has been a 4 story factory that had been condemned and despite work with Salem’s Historic Community and a desire to save the building, ultimately most of the structure was unsalvageable and was taken down. He further noted that there was no drainage structure on the site.
Attorney Correnti described the proposed 4-story building, the top 3 floors to be 44 residential units and the bottom floor to be 6,000 square feet of neighborhood commercial—one of the first new project proposed under the new NRCC zoning. He noted that the project is also before the ZBA and the Planning Board as well as the Historic Commission for a demo delay permit. He noted that the Applicant has agreed to several mitigation measures, including a 400 foot walk way, 19 foot wide easement granted to the city along the canal to be incorporated into the City’s bike path and open space plan.
Mr. McDowell noted that the site is in the following resource areas: bank of canal, riverfront and bordering land subject to flooding. He also noted that due to the previous use of the site as a building surrounded by hardtop and hard packed earth, the Applicant considers this a previously degraded site and that any benefits the site had to the resource areas had already been compromised.
Mr. McDowell described the proposed site plan, the building at the front of the site and several parking fields around the site. He further described the storm water drainage system, catch basins and storm water quality (Vortec unit per City Engineer) and tide gate (tide flex outflow gate). He noted that some of these features were not yet on the plans as they had included after recent discussions with the City Engineer.
Mr. McDowell explained that in his runoff rate calculations, he used the site as it had been, with the factory and hardtop, as the “current conditions” for comparison to the proposed plan. He noted that the rate of run off would be reduced and that the proposed plan will add green space and greater storm water storage capacity.
David Pabich noted his disapproval of Applicants using old conditions as “existing conditions”.
Mr. McDowell noted that elevation 11 was the 100 year flood plain and that the building would be 9 inches above this grade and that there will be no basement in this building. He further noted that the proposed plan include regarding the site. He also noted that they will bring the roof runoff through the Vortec equipment to ensure that hydrolic and other fluids from the AC equipment from rooftop equipment will be treated before exiting the site.
Mr. McDowell noted that because the site is flat, snow storage could allow runoff directly into the resource area. To remedy this, the Applicant proposes to slope back the area to make sure the snow melt flows through the system.
Kevin Cornacchio asked what elevation the transformer pads would be.
Mr. McDowell noted that they would be at elevation 11 or higher.
Keith Glidden noted that he wants to see a snow management plan to ensure that snow will not be pushed into the canal.
David Pabich noted that a physical separation between the snow storage area and the canal should be installed—whether it is a fence, bollards, or trees.
Michael Blier noted that he would like to see the planting plan, so noting that could take care of the Conservation Commission’s concerns regarding a barrier between the snow storage area and the canal.
Attorney Correnti provided the Commission members with this plan.
Keith Glidden asked what type of mill had been on the site.
Attorney Correnti noted that it had been a tannery and shoe factory. He noted that the Applicant was going to keep the one existing structure on site, the old boiler house, and incorporate it into his plans.
Kevin Cornacchio asked if borings had been done around the building and whether or a 21E had been done.
Attorney Correnti noted that borings had been done all over the site and that a 21E report had been done and showed no issues.
Kevin Cornacchio asked if the new structure would require pilings.
Attorney Correnti replied that it probably would.
Kevin Cornacchio asked if the Applicant would use the existing drains and also if the adjacent properties had drains running through site.
Mr. McDowell noted that there are no existing drains on site for this property or any others and there are no easements on this site.
Mr. McDowell also noted that they were looking into whether or not a Chapter 91 permit had ever been issued for the property.
David Pabich asked about the sheet flow from Goodhue Street.
Mr. McDowell explained that it goes back to the canal on one side, on the other side there are no basins so it just head directly into the canal.
Mr. McDowell described the tide flux. He noted that complete details would be submitted, but the clean out would be located in a manhole for easier access.
Kevin Cornacchio opened the hearing up to the public.
Jim Treadwell, 36 Felt Street noted several concerns. He first noted that the subsurface condition of the site was hazardous due to the previous use of the site as a tannery.
Attorney Correnti explained that the LSP had made a full presentation to the Planning Board.
Mr. Treadwell next asked how the Conservation Commission was involved with the Chapter 91 process.
Kevin Cornacchio explained that the state handles the Chapter 91 process and the City is not involved, however, they can condition their approval on the receipt of a Chapter 91 permit.
Mr. Treadwell then asked who deals with storm water and utility (water/sewer) concerns.
Kevin Cornacchio noted that was within the City Engineer’s purview.
Mr. Treadwell then asked about surface area and the potential use of pervious surfaces.
Mr. McDowell noted that they had discussed this at the Planning Board meeting.
Kevin Cornacchio further noted that due to the history of the site, he would not recommend pervious surfaces because it was important to the resource area that the runoff water be treated through proposed system.
Mr. Treadwell expressed concerns about the canal wall, noting that it is very historic and that the new zoning will not allow chain link fences.
Attorney Correnti noted that the fence was proposed as a safety issue as the canal wall is not as high in some areas as we had thought it would be. He noted that the Planning Board was having a full discussion of this item.
Michael Blier asked how the wall was being treated.
Attorney Correnti noted that was still an issue being worked out. He noted that the Applicant does not want to touch the wall if possible.
The Conservation Commission scheduled a site visit for Saturday, February 3rd at 9 am (after the Osborne Hills visit).
Joseph Furnari made a motion to continue the hearing until February 8th, seconded by Keith Glidden, and approved (6-0).
David Pabich noted that the Conservation Commission would want to see the elevation at the top of the wall. He further noted that he wants to see flood storage today versus purposed and a detailed erosion control plan along the wall.
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 a letter from Bruce Poole requesting an extension until January 25th. Mr. Poole noted that the Applicant needed more time because of the abutter’s appeal to the ramp.
Old /New Business
Commission to vote on using Conservation Commission funds for reimbursement of site visit travel costs for Conservation Agent.
Carey Duques explained that she was requesting approval to use Conservation Commission funds to reimburse the Conservation Agent for site visits, including pre-construction, monitoring, or any other Conservation related business. She noted that she would fill out a reimbursement sheet to submit to the Conservation Commission for approval monthly.
Joseph Furnari moved to approve use of Conservation Commission funds for reimbursement of the Conservation Agent’s travel expenses, seconded by Michael Blier, and approved (6-0).
1 Parallel Street
Carey Duques explained that buyers had come in asking if a home could be permitted on the site. She noted that the site was next to the pond and the potential buyer wants to reorient the house.
The Conservation Commission stated that the buyer would have to submit an NOI if he knocks down the structure and an NOI to rebuild. They also noted that he would need to check with the Building Inspector.
14 Buena Vista West, Violation
Carey Duques noted that the Order of Conditions has expired for this property and that she had sent a letter to the Owners in October notifying them that their Order would expire in December and to contact her. She noted that she had received no response.
Carey Duques further noted that she had been to the site and observed construction debris being used as fill, absence of erosion control measures, and that work was ongoing. She also noted that the Building Inspector had already issued a Cease and Desist.
The Conservation Commission stated that a Cease and Desist should be issued, including a fine of $200 per day. They noted that fining should begin 24 hours after the landowner receives the notice should they fail to respond the Conservation Commission.
Tinker’s Island, Violation
Carey Duques told the Conservation Commission she had received an anonymous letter stating that someone was building a house on Tinker’s Island. She noted that the Building Inspector is issuing a Cease and Desist and that she planned to send an order after verifying that the work is underway. She noted that she was not sure the City owns all of the land of the island or if parcels are under private ownership.
Keith Glidden told Carey Duques to track down the Owner through the Building Department and find out if the violator owns the parcel on which he is building.
YMCA Leggs Hill Road
Carey Duques noted that she and Kevin Cornacchio were going up to the site on Tuesday. She stated that the owners had started some of the work and cut into a dump. She suggested the Conservation Commission require some additional erosion controls after seeing, “dark strips in the soil”.
David Pabich note that the Owner should have and LSP prove to the Conservation Commission that the dark stripe is not hazardous.
Cary noted that she would ask Dan Merhalski, the Planning Board Agent, to send the Planning Board clerk up to the site for a visit.
GreenScapes
Carey Duques noted that Jason Silva, from the Mayor’s Office, wanted to know if the City should participate in the mailing campaign to educate citizens on conservation/green space issues at a cost of $4,000.
Kevin Cornacchio stated that he would like to see if the Conservation Commission takes in enough fees to cover this cost. He noted that it seemed like a good program, sending mailings remaining people not to dump oil into drains, etc.
Eagle Scout
Carey Duques noted that she had been contacted by a young man looking to do an Eagle Scout project, asking if she had any suggestions.
The Conservation Commission suggested either stenciling street grates or removing trash/bumper blocks out of the Forest River Conservation Area.
Loring Avenue
David Pabich asked Carey Duques to take a look at the silt fences up on Loring Avenue to find out what is happening on that site.
Adjournment
There being no further business to come before the Commission this evening a motion was made by Joseph Furnari to adjourn the meeting, seconded by Keith Glidden and approved (6-0).
The meeting was adjourned at 8:35 p.m.
Respectfully submitted by:
____________________________
Julie Lynn Quinn, Clerk
Salem Conservation Commission
Conservation Commission011107
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