Salem Conservation Commission
Minutes of Meeting
Thursday, February 8, 2007
A regular meeting of the Salem Conservation Commission was held on Thursday, February 8, 2007 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street.
Those present were: Kevin Cornacchio, Joseph Furnari, David Pabich, David Summer, Keith Glidden (arrived during Notice of Intent— DEP #64-439) and Amy Hamilton. Also present was Carey Duques, Conservation Administrator.
Members absent: Michael Blier
Meeting Minutes—January 25, 2007
No quorum, Joseph Furnari motion to table, David Pabich tabled until Feb 22 meeting.
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. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3rd at 8 am.
Chris Mello and Jim McDowell appeared before the Conservation Commission to represent the Applicant.
Mr. McDowell descried the proposed work on the lot - a boulder wall and grading. He stated that he would discuss plan changes the Conservation Commission proposed at the last meeting and at the site visit. He went on to describe more detailed plans submitted and noted siltation protection, as requested. He noted that roof run off recharge area details is shown on sheet 2 of the plans submitted at the January 25th meeting. He also noted that the Conservation Commission had noted at the site visit that trees had been cut down and applicant proposes 6 new trees (4 red maples and 2 willows). He also noted that the Applicant understands that any proposed walls over 4 feel require the approval of the building inspector. He finally noted that these comments relate to all Osborne Hills lots before
the Conservation Commission this evening.
Mr. McDowell then asked if the Conservation Commission had any comments specific to Lot 31.
Specific to lot 31, Conservation Commission decide if subject to NOI.
Kevin Cornacchio noted that the Conservation Commission was deciding if they should issue a Negative 3 or if the lot is subject to an NOI.
Carey Duques asked what about the height of the proposed well.
Mr. McDowell replied that it will be 10-11 feet height.
Kevin Cornacchio opened the meeting 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 (4-0).
Joseph Furnari then made a motion to issue a Negative 3 with the following special conditions:
1. The Applicant must have all proposed walls over 4 feet in height approved by the building inspector.
The motion was seconded by David Pabich, approved (4-0).
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. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3rd at 8 am.
Mr. McDowell noted that the lot in question, Lot 4, is on the opposite side of road from the wetlands, but is within 15 feet of buffer zone, wall proposed at front of lot, 2-4 1/2 or 5 feet, water connection. He noted a plan change due to the Conservation Commission meeting on January 25th and the site visit - the proposed culvert will end in a stone inlet and hay bails will surround the culvert.
Kevin Cornacchio opened the meeting 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 (4-0).
David Pabich then made a motion to issue an Order of Conditions for DEP #64-440 with the following special conditions:
1. The Applicant must have all proposed walls over 4 feet in height approved by the building inspector.
The motion was seconded by Joseph Furnari, approved (4-0).
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. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3rd at 8 am.
Mr. McDowell described the items in relation to Lot 29. He noted that the retaining wall will be 2-4 ¼ feet high. He also noted that 3 of the 6 trees referenced earlier would be planted on or near this lot - one tree is on lot and the other 2 are just off lot in resource area.
He noted that, as described earlier, the house footprint and roof recharge area are detailed on plans submitted. He further noted that the house size and location is the same as on their approved plan.
David Pabich stated that he had an issue with the roadway and lot development – because the roadwork had encroached upon the lots. He noted that trees had been removed that should have remained, and that is why the Applicant is replicating trees. He further noted that the Conservation Commission should not see any activity moving forward on sites that have not yet been approved.
Mr. McDowell stated that he understands the issue and has discussed it with the Applicant. He noted that Mr. DiBoiase understands that his actions were inappropriate and he will not do it again. He noted that he will start preparing necessary documentation and submissions for next roads to stake out and have approval before works begins. He stated that they will do groupings of lots and will have those lots approved before the road and bridge work gets to those areas.
Kevin Cornacchio asked if there enough soil for willows proposed.
Mr. McDowell and Mr. Mello replied that there should be enough soil down close to the wetland area.
David Pabich stated that the Applicant needs to include a Conservation Restriction on deed. He noted that this restriction needs to be in place upon Certificate of Occupancy or conveyance of the land, whichever comes first. He stated that the purpose of the Conservation Restriction is to ensure that that Owners know not to cut down trees in the resource area and needs to state inappropriate activities for the resource area.
Mr. McDowell stated that he would get draft language for the Conservation Commission to review within 45 days.
Mr. Mellow noted that the Conservation Commission would also be sent easements for their review within 45 days.
Kevin Cornacchio noted that wants to see signage labeling the resource area and not just the open space.
Kevin Cornacchio opened the meeting up to the public.
There being no further questions or comments regarding this matter a motion was made by David Pabich to close the hearing, seconded by Joseph Furnari, and approved (4-0).
David Pabich then made a motion to issue and Order of Conditions for DEP #64-439 with the following special Conditions:
1. The Applicant will replace trees as noted on the approved plans.
2. The Applicant will place a Conservation Restriction on the lot, starting at toe of wall and extending to the property line. This Restriction will be in place for perpetuity. This Restriction needs to be in place prior to receiving a Certificate of Occupancy or conveyance of the lot, whichever comes first.
3. The Applicant must provide language for Conservation Restriction to the Conservation Commission within 45 days, including language tree trimming and dumping. If the Applicant does not submit the language within 45 days, an Enforcement Order will be issued.
4. The Applicant will include signage to identify resource areas.
5. The Applicant must have all proposed walls over 4 feet in height approved by the building inspector.
The motions was seconded by Joseph Furnari, approved (4-0).
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. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3rd at 8 am.
Mr. McDowell noted that most of Lot 30 is within the buffer zone. He described the proposed work - a retaining wall that will be 10-16 feet in height, a roof recharge area (detailed on sheet 2 of the submitted plans), utility connections, and planting of 2-3 dress on the lot as described earlier. In addition, the easement plan (to be submitted to the Conservation Commission within 45 days) will include this site as well as any signage needed.
Kevin Cornacchio asked if there is there still a chain link fence proposed.
Mr. McDowell replied that, yes, all fences over 4 feet well have chain link fence for safety purposes.
Kevin Cornacchio noted that the lot the Conservation Commission just approved.
Mr. McDowell noted that they were proposing a dry slope wall and that they had no provision for plantings in the wall.
David Pabich noted that the Conservation Commission would like to see something planted on the wall, especially due to proximity to resource area to add value of what’s being lost on that slope.
Mr. Mello noted that he did not think any organics to hold, but that perhaps if they could do some stepping/terracing, instead of all slope.
The Conservation Commission agreed that one step in the wall, 4-5 feet wide in any zone over 10 feet high, planted with suitable plans (something Mary Rinner, the wetlands scientist had recommended ), would be sufficient.
David Pabich noted that the conservation restriction overlay be extended to include the step.
Kevin Cornacchio opened the meeting 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 (5-0).
David Pabich then made a motion to issue and Order of Conditions for DEP #64-438 with the following special Conditions:
1. The Applicant will replace trees as noted on the approved plans.
2. The Applicant will place a Conservation Restriction on the lot, starting at toe of the slope and extending to the property line, and the planting in the step of the slope. This Restriction will be in place for perpetuity. This Restriction needs to be in place prior to receiving a Certificate of Occupancy or conveyance of the lot, whichever comes first.
3. The Applicant must provide language for Conservation Restriction to the Conservation Commission within 45 days, including language tree trimming and dumping. If the Applicant does not submit the language within 45 days, an Enforcement Order will be issued.
4. The Applicant will include a step in wall 4-5 wide in the zone over 10 feet high and provide plantings per Mary Rinner’s recommendations.
5. The Applicant will include signage to identify resource areas.
6. The Applicant must have all proposed walls over 4 feet in height approved by the building inspector.
The motions was seconded by Joseph Furnari, approved (5-0).
Continuation of a 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. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3rd.
Mr. McDowell described changes to the plan and additional information that had been requested by the Conservation Commission as result of site visit as well as other supplemental data provided.
Mr. McDowell noted that the 100-year flood plain is 10.5, now noted on plan. He next noted that the roof drainage is now proposed in 2 drains. The first will drain directly into the canal and the second will drain the equipment area and drain though the vortex system before entering the river. He next noted the granite curbing marked on the plans. He also called attention to the plan submitted showing the elevations along the top of the canal wall. Finally, he noted that the manhole near outlet on the North River is now shown to contain tide flex and maintenance access.
Mr. McDowell stated that the dumpster had been moved further away from property line per zoning requirements. He also pointed out that the transformer had been rotated to be positioned further from the lot line, but still at elevation 11.10, to ensure it’s above 100-year flood line.
Mr. McDowell noted that he had submitted 8 copies of the original survey plan done in 2004 that shows what was on site prior to demo. He also submitted calculations for current conditions and a draft Snow Management Plan. He stated that he down at low tide to look for demo debit and noted a few timbers that the Applicant would remove.
Mr. McDowell described the calculations preformed related to current conditions. He no noted that they had looked at elevations similar to what was there before the building was demolished, what is there now and what the Applicant had proposed. He noted that the only place that differs is elevation 10 – 10 ½, but that it is still in a range that maintains current conditions.
Mr. McDowell next presented the draft Snow Management Plan, written based on DEP guidance, which states that snow should not be stockpiled or dumped in the resource area. He further noted that snow will not be stockpiled in walkway area or no dumped or pushed into river by plows. He described several stockpile areas on site that will be marked no later than Dec 1st and stated that these areas be cleaned no later than May 15th. He further noted that the landscaping creates a natural barrier to prevent show plows from dumping snow into the river.
Attorney Joseph Correnti described the proposed 2-foot high wooden fence along canal as the compromise reached at the DRB and Planning Board. He noted that plantings would be placed in front of the fence and that the fence could be replaced as part of a larger North River Plan should the City acquire State or Federal funding to do so.
Mr. McDowell noted that the grade of the walkway will follow grade at top of wall with some grass strips for runoff into canal. He noted that there were some concrete blocks in place now that will be removed and noted that the granite will not be capped. He finished by noting that the plans submitted show the elevations at the top of the granite.
Kevin Cornacchio noted that the Applicant should be sure not to drop concrete into the river as they chip it away from the granite.
Keith Glidden stated that the Snow Management Plan should include the following langue: “snow shall not be dumped, pushed, blown or otherwise sent into the river.”
David Pabich raised concerns about the drainage of the walkway.
McDowell noted that they Applicant can maintain the 3 foot planting strip and keep a 1% of so slope on walkway to allow for some drainage.
Attorney Correnti noted that the walkway is being worked out with the City, Owner will grant an easement to the City. He noted that drainage will also occur at natural breaks in wall, and that the water can then flow off walkway into river.
Kevin Cornacchio asked about the surface of the walkway, noting that it should not be anything loose that can drop into the river.
McDowell replied that it will be a bituminous surface.
David Pabich asked about the historic penetrations in wall noting that some pipes coming out of the wall looked like they had discharged sewage/wastewater.
McDowell noted that Bruce Thibodeau, former City Engineer, had told him that prior to demolition of the old building, the City located and cut off all pipes.
Kevin Cornacchio asked if there is any history of underground storage tanks.
McDowell relied that they had been removed in 1970s per the environmental report and since
Carey Duques noted that she had looked at site on the state brownfields web page and it appeared that the site has been stabilized,
Attorney Correnti noted that there is an RAO and AUL the site. He noted that the AUL conditions are typical and include conditions against farming, gardening, nursery schools, etc.
David Pabich asked if physical barriers to the planting areas are required.
Attorney Correnti replied that he did not think so, and added that the Applicant will have someone consulting on RAO and AUL issues to ensure compliance.
David Pabich asked if a Soil Management Plan is in place and noted that they Applicant needs to ensure that stockpiled materials are placed on and covered with poly/plastic.
Mr. McDowell replied that the Applicant will need a Soil Management Plan per the RAO, and that an LSP will need to sign off on the plan and ensure that any soil removals will be documented and that everything is done properly. He added that a copy of the Plan can be submitted to the Conservation Commission.
Kevin Cornacchio opened the hearing up to the public.
Jim Treadwell, 36 Felt Street, raised concern about Chapter 91.
Attorney Correnti noted that the Applicant had hired Mr. Manuel to research to research and deal with Chapter 91 issue. We do not yet know if we need one, but the research is in process.
Kevin Cornacchio noted that the Conservation Commission can condition approval upon determination of Chapter 91.
Keith Glidden explained that a Chapter 91 license does not come before the Conservation Commission. The Conservation Commission is charged with upholding the Wetlands Protection Act.
Mr. Treadwell then asked if the Conservation Commission was satisfied in regards to the 21E.
Attorney Correnti replied that there is a recorded AUL on site and RAO in effect which was outcome of initial site investigation of engineer and LSP on duty. He finished that any environmental issues were addressed in such as way to appease DEP.
Mr. Treadwell asked if questions of potential contaminates on site as discussed at last meeting had been satisfied and if so, when.
Kevin Cornacchio noted that the Conservation Commission had documents form June of 2003 noting that the site had satisfied requirements.
Carey Duques read a timeline of steps taken, all prior to 2004 and available as public record.
Mr. Treadwell raised a concern storage capacity. He noted that Salem Sound Coast Watch conducted a survey on contributors to runoff in the river and that as far as Peabody is concerned they just want to get water out of their City.
Kevin Cornacchio noted that Peabody has issues they will address using State and or Federal money.
Kevin Cornacchio read an e-mail from Councilor Sosnowski into record which noted a Woodward and Kern study of flow from Peabody to Salem.
Carey Duques noted that the study he mentioned is being done on South River.
Keith Glidden noted that this is a larger issue between Salem and Peabody and will not be solved by one applicant.
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 (5-0).
Keith Glidden then made a motion to issue and Order of Conditions for DEP #64-441 with the following special Conditions:
1. The Applicant will submit to the Conservation Commission a Chapter 91 determination, and approval if necessary.
2. The Applicant will submit to the Conservation Commission Amendment to the Snow Management Plan, per discussion.
3. The Applicant will submit details on scuppers and other flow conveyance/drainage of walkway
4. The Applicant will submit a Soil Management Plan at pre-construction meeting, including discussion of how to treat stockpiled materials.
5. The Applicant will have and LSP on site, per AUL.
6. The Applicant will ensure removal of debris from river, as mentioned in memo.
7. Noted, per Feb 7, 2007 plans
The motions was seconded by David Pabich, 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 aloud a letter from Bruce Poole requesting a continuation to the February 22nd meeting. He noted that he needs time
Carey Duques noted that she requested the Applicant re-notify due to quorum issues – due to turn over of Conservation Commission and length of time this item has been on agenda for months, the Conservation Commission can never have a quorum under the current notification filing. She further noted that changes to the project also warranted re-notification.
The item was continued to February 22nd, and there was not a quorum to vote.
Old /New Business
Mullins Rule
Conservation Commission discussed the importance of Mullins Rule and asked the Conservation Agent send a letter in support of the Mullins Rule to City Council (Councilor Furey, the Conservation Commission’s Council Representative). The Conservation Commission asked Carey Duques to draft a letter for approval at the next Conservation Commission meeting.
Commission to review Draft letter to Tinkers Island Association
Carey Duques submitted draft letter to the Conservation Commission for their review.
David Pabich asked that a copy of the contract with the City be attached to the letter.
The Conservation Commission approved the letter to be mailed out – Carey Duques to sign on behalf of the Conservation Commission.
Update for Commission on replication efforts at 12 Almeda Street
Carey Duques noted that the applicant has installed 8 winterberry shrubs and 3 bayberry shrubs, and they have to replicate more in the spring.
Update for Commission on results from LSP tests at Leggs Hill YMCA
Carey Duques noted that the Conservation Commission had an LSP go out and test dark soils.
Site Supervisor from Groom Construction submitted letter requesting formal results of report and actions required in writing.
Carey Duques stated that she can email him to let him know the Conservation Commission is going to want SVOC field screening and testing for Dioxins and Furans.
Carey Duques stated that the Applicant has withdrawn the housing lots and that they will be at the next Conservation Commission meeting with Notice of Project Change. She noted that the Conservation Commission might decide to require an Amendment. She noted that she had advised the applicant that the changes are significant and she felt they should submit an Amendment, but they are coming in for a Notice of Project Change.
Keith Glidden noted that he would like to see a planting plan, removal of non-native plants.
Keith Glidden noted that in the future that the Conservation Commission should have requirement for projects of a certain size in Order of Conditions to notify Conservation Commission if contaminants are found in course of construction.
Commissioner’s Comments:
Hawthorne Cove Marina
Keith Glidden raised concerns about the demolition and emergency measures being taken. He noted that he was concerned about gravel being put into water.
Conservation Commission agreed that the Owner needs to contact the Conservation Commission and let them know what methods for demolition they are planning to employ. They decided it was important for setting president.
289 Derby Street
Keith Glidden noted that the Conservation Commission needs to look at the site since it is sitting vacant and ensure that erosion controls and conservation measures are in place.
Carey Duques noted that the Order of Conditions expires this summer.
Conservation Commission agreed to have Carey Duques write a letter to Owner or call to get an update on the status of the site and how it is currently complying with the Wetlands Protection Act.
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 8:25 p.m.
Respectfully submitted by:
____________________________
Julie Lynn Quinn, Clerk
Salem Conservation Commission
Conservation Commission020807
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