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Minutes, February 22, 2007
Salem Conservation Commission
Minutes of Meeting
Thursday, February 22, 2007

A regular meeting of the Salem Conservation Commission was held on Thursday, February 22, 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, Michael Blier and Amy Hamilton.  Also present was Carey Duques, Conservation Administrator and Julie Quinn, Clerk.

Approval of Minutes—January 25, 2007 & February 8, 2007
The minutes of the Salem Conservation Commission meeting held on January 25, 2007 were presented for approval.  Joseph Furnari moved to approve, seconded by Keith Glidden, approved (5,0).

The minutes of the Salem Conservation Commission meeting held on February 8, 2007 were presented for approval.  David Pabich moved to approve with type correction, seconded by Joseph Furnari, approved (6,0).


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 the legal notice and noted that the Applicant had re-advertised and re-notified abutters, and now all members present can vote.  He further noted that the RDA filed and approved for the temporary truck ramp has been appealed and that DEP had overturned the Conservation Commission’s decision.  Consequently, the Applicant has withdrawn that application and is rolling that work into this filing.

Bruce Poole of SB Engineering and John Dick of Hancock Survey represented the Owners.  Mr. Poole described the changes to the plan including a Soil Management Plan, Operation and Maintenance Plan that will include soil testing, Water Quality and Monitoring Plan and Hancock Survey’s additions to the plans.  He added that new plan shows one large retention pond.

Mr. Dick noted that Hancock Survey looked at a very small portion of the site, down by the resource area, and that the plan currently proposed reduces flows in 50-year or less events.  He noted that all events over 50-years will flow over Robinson Road and there is nothing the Applicant can do to stop that.  He further noted that the proposal meets solid removal standards and that the pond will be fully lined to avoid pollutant unloading, part of the Storm Water Management Policy.  He described the pond as having a 36” diameter outflow pipe to maintain the pond levels at safe conditions.  He finally noted that the stream in question is shows as perennial on the USGS map and that the retention pond will outflow into the stream.

Michael Blier noted that this proposal with its one pond is a big shift in the Applicant’s approached and questioned what precipitated this change.

David Pabich also questioned the functionally of the swales and how the site flows.

Mr. Dick explained that this new proposal was better than the previous proposals because the previous ponds were too small and narrow to effectively meet the requirements for the project.  He stressed that given the site, the proposed basin is the largest area possible and the most effective configuration.  He noted the restrictions of the site as the wetlands area, the road and ledge on the northern and western portions of the site.  He further noted that due to the topography of the site, much of the water sheds away from the resource area.

Amy Hamilton noted that water will still run down Robinson Road into the pond.

Mr. Dick replied that it would, and that they Applicant could not create a basin large enough to catch everything.

David Pabich noted that the Conservation Commission had been asking for 2’ contours at the top of the site for quite a while and the Applicant was still presenting 10 foot contours.  He stated that the Conservation Commission could not see from the plan presented to what degree the top of the site drains into the bottom of the site, whether or not the proposed swales would work, or if the Applicant’s assumptions were correct – he did not feel the Conservation Commission had been given enough information to make an informed decision.

Mr. Dick noted that 5’ contours are available, but they are older than the 10’ contour data and that getting 2’ contours can be done but it will be costly to the Applicant and time consuming.

Amy Hamilton asked what the depth to bedrock and groundwater is in the proposed basin.

Mr. Poole responded that based on test pits done in the area, the depth to bedrock is 8 feet from the surface elevation and the groundwater elevation is 7’ from the surface.  He noted that the Applicant would need to re-grade the area, remove some fill and go into to ledge to create the basin.

Kevin Cornacchio asked if DEP had commented on the runoff on the back of the site.  He then asked how far the infiltrators are going to be from the edge of the bank.

Mr. Poole replied that they had not.  He then replied that there would be two infiltrators, 32” high and about 2 1/2’ wide.  He described the perforated pipe that slopes down underneath the site that flow into the infiltrators and the oil separation manhole and oil absorbent log that would be part of the system.  He submitted pictures of a similar system to the Conservation Commission, noting that maintenance will be key.  

Amy Hamilton asked about the containment structure and volume of liquids on the site.

Mr. Poole replied that they are a small operator, and the maximum allowed liquids are 600 gallons of oil, 300 gallons of wiper fluids and 500 gallons of antifreeze.  He noted that all fluids are removed from vehicles while they are on concrete pads.  He noted that DEP was conducting mandatory quietly inspections.

David Pabich noted that the Conservation Commission had asked the Applicant for more detailed plan of the wetlands area which had not yet been provided (20 scale requested).  He asked about the distance from the scale to the wetlands.

Mr. Dick stated that it was 20’, and a 9” earth berm, the road and then the scale.

David Pabich noted that the earth berm could easily be plowed away and that the berm should be either concrete or granite – a hard structure.

Kevin Cornacchio noted that maintenance of this berm should be incorporated into the Maintenance Plan.

David Pabich told the Applicant to consider other options because the uncontrolled 36” pipe is not safe – a grate or some structure should be considered.  He further noted that the Applicant should try to slow the flow down a bit, which the 36” pile will not achieve.

Mr. Dick noted that he would have an engineer at Hancock respond to that issue.

Amy Hamilton asked how the berms would be constructed.

Mr. Dick responded that they would backfill over clay, place a granular material along both sides of the trench full of clay, for waterproofing, placing the liner on top of the clay.  Mr. Poole added that NE Liner would install and inspect the liner and A&H would do the other work – noting that they have done similar work before.  He explained that there will be 4-6” of stone on top of the liner that will be vacuumed or scraped clean by hand as part of the system maintenance.  He noted that the forebay would not be lined, and cleaning will be easier.

David Pabich asked what the 100-year flood elevation is.  When Mr. Poole replied that he did not know, David Pabich asked him to have that info for the next meeting.  He also asked for more information on the discharge point – concerned about the backwater effect.

Kevin Cornacchio opened the meeting up to the public.

Patrick Delulis, 16 North Street, on behalf of himself and the Mongiello’s and with Scott Patrowicz, noted his concern that the water flow would increase onto to the Mongiello’s property.  He questioned why the Applicant had removed the culvert on Robinson Road.  He further stated that the Applicant had built up the grade of the site and created worse flooding on their neighbors’ property.

Scott Patrowicz, 18 Brown Street, submitted a list of questions regarding the new plan to the Conservation Commission.  He stated that the flow on the top of the site is going into a river and he expressed concerns about the watershed as a whole.  He agreed that the plans were difficult to read and did not prove enough detail.  He noted that matching existing conditions is inadequate and that one pond would not be sufficient.  He also suggested that a hydro flow analysis at Robinson Road and the Mongiello’s property be conducted and the flow on the road needs to be diverted.  He also asked what mitigation measures the Applicant is proposing.  He noted that the basin will not detain water and that water will flow through at 127 gallons per second.  He questioned the type and method of construction.  He also noted that erosion control measures in place are not working.

Kevin Cornacchio noted that the DEP notice supersedes the Conservation Commission in response to the concerns on the back of the site.

Carmen Mongiello noted that he does not want the flooding problem made worse and that he preferred previous plans.  He stated that actions on the part of the Applicant over the years had made flooding on his site worse.  He pointed out a trench on site.

Kevin Cornacchio noted that the Conservation Commission had seen that trench and it did look manmade.

Mr. Poole noted that the Applicant could not construct the culvert as proposed in earlier plans because the Mongiello would not allow them access to replicate wetlands, as required by law.

Mr. Patrowicz replied that replication waivers could be requested.

David Pabich reiterated his earlier statement that the Conservation Commission had long asked for, but not yet received meaningful data.

Keith Glidden reminded the Applicant that the burden of proof is on them.

Michael Blier noted that when you are on the site, it is clear that water will not flow the way it looks like it will on the 10’ contour plan.

Mr. Patrowicz noted that the Salem data available (the 5’ contours) is good.

Kevin Cornacchio noted that the ramps and scale house are part of this current proposal, but that the Conservation Commission should hold off in discussing them until they see more detailed information in that area.

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 (7-0).

Joseph Furnari made a motion to continue until April 12th, seconded by Keith Glidden, approved (7,0).


Public Hearing – Notice of Intent – DEP # 64-442 - David Kraatz, Uncle Bob’s Self Storage, 6467 Main Street, Williamsville, NY 14221.
Kevin Cornacchio read aloud the legal notice.  

Christopher Ryan and Kenneth Knowles from Meridian Engineering appeared before the Conservation Commission to represent the Applicant.

Mr. Ryan described the proposal – Highland Avenue floods onto the front portion of the property and because the state has not dealt with the flooding issue on the street, the Applicant is seeking to mitigate damage to their property by upgrading their drainage system.   He described the proposal to create positive pitch, install a 24” diameter perforated main line and create two new catch basins.  He noted that in two inch or less events, water could recharge back into the ground and larger events would flow to the headwall and the added pitch to the pipes would mitigate flooding in front of the building.  He continued that the catch basins would have hoods to catch oil and debit, the perforated pipes in the ground would be surrounded by stone.  He noted that the proposed upgrades would be a better solution that what is currently on the site and that the upgraded system will allow more groundwater recharge.  He stated that although a hydraulic analysis of the site had not been done, he believed that run off rates for 90% of the storm events will be decreased as a result of the proposed upgrade.

David Pabich noted that they Conservation Commission would want that hydraulic analysis.

Mr. Knowles replied that because they are not changing the flow, only adding infiltration, the analysis will only show a decrease.  He noted that the street system is overloading, creating a backwater on Highland Avenue and that everything flows southerly.

Mr. Ryan noted that inlets are going to be added to get positive pitch.

Kevin Cornacchio asked about the soils.

Mr. Ryan responded that Meridian had done test pits next door on a different project and found a layer of fill, then sandy soils then groundwater weeping.

Kevin Cornacchio asked if this drainage upgrade would help mitigate flooding on Highland Ave.

Mr. Ryan replied that larger pipes will help, but will not solve the flooding problems on Highland Ave.

Kevin Cornacchio noted that there are some very active neighbors on Clark Street who have great concerns about flooding.

Carey Duques suggested rip rap be installed at the outlet pipe because of all the sediments build up at Highland Avenue.

David Pabich asked if the basins on site now flood.

Mr. Knowles relied that they do, only because of the flooding problem on Highland Avenue.  He noted that the existing system is non-perforated.

CP expressed his concern that the proposal will shift water down quicker.  He further noted that he wants to see calculation that show the proposed upgrades will not make the neighbors’’ flooding problems worse.

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 (7-0).

The Conservation Commission scheduled a site visit for February 24th at 8 a.m.  Kevin Cornacchio noted that the Conservation Commission would like to see the outfall and removal of some sediments at the site visit.

Joseph Furnari made a motion to continue until March 8th, seconded by David Pabich, approved (7,0).


Old/New Business
Notice of Project Change – DEP # 64-420 Leggs Hill YMCA
Kevin Cornacchio read aloud the legal notice.  He then read a letter dated February 15th requesting a Project Change for the Order of Conditions issued June 8, 2006.

Attorney George Adkins appeared to represent the Applicant.  He described the change requested – the Applicant is eliminating the subdivision road, cul-de-sac, retaining wall and house lots and will therefore have much less of an impact on the buffer zone and provide much more green space.  He noted that due to the increased cost of building the road and the decline of the market, it was no longer cost effective for the Applicant to construct the road.  He continued that the Applicant would also be gong back to the Planning Board and that all offsite orders and conditions will remain in place.

Matt Varel with VHB, and environmental scientists, noted that the work was being pulled out of the buffer zone, no more discharge of outflow, no drainage structure on the cul-de-sac would be needed.  He continued that the Applicant would still follow through on the mitigation work and would still place the land under a Conservation Restriction.  He noted that other than the trees shown on the plan, the area would be seeded, not as lawn, but some erosion control mix.

David Pabich asked if the toe of the slope roughly correlates to where the retaining wall would have been.  He also asked why the Applicant had chosen to seed rather than let the natural plants grow in.

Mr. Varel replied that was accurate and the grade will be 2:1.  He added that the seed was an aesthetic choice.

David Pabich requested an upland seed mix be planted and that the mowing plan only allow for mowing ½ way down the slope – he noted that the bottom 20’ of the slope closest to the resource area were the most critical and that are shouldn’t be mowed – he further suggested the last 10-20’ be allowed to blend up.  

Michael Blier suggested No-Mow seed mix.

Mr. Varel noted that would be fine and that the mowing restriction could be added to the Maintenance Plan.

Kevin Cornacchio asked that the Applicant remove boulders that had trickled down to where the trees area.

Mr. Varel agreed that the Applicant could do that.

Keith Glidden further noted that if the Applicant wanted to remove non-native species and do any further planting in the future, to bring the plan to the Conservation Commission and they would be receptive to that idea.

David Pabich stated that he wanted the Applicant to define the step of the walking path because it is very steep.

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 (7-0).

Joseph Furnari made a motion to Amend the Order of Conditions, seconded by David Pabich, approved (7,0).


Anderson’s Pond located off Highland Avenue, request for Conservation Commission assistance in removing debit
Carey Duques stated that an abutter had contacted her asking that the Conservation Commission help clean Anderson’s Pond.  She noted that the hospital had deeded the land to the City.

Michael Blier noted that he knew someone looking for an Eagle Scout project and that he’d send Carey Duques the contact information.

Kevin Cornacchio stated that he wants to make sure that any clean up done in the pond has a very limited scope as the Conservation Commission does not want any native species removed.  He suggested the scope be limited to removing trash and debit only.

David Pabich asked about the status of the outflow structure.  He asked Cary to contact DPW.

Keith Glidden noted that the City may have safety concerns regarding allowing people on site.

Carey Duques noted that she would speak with Dick Rennard, DPW.

Conservation Commission stated that they were ok with a limited scope, as described by Kevin Cornacchio.  They added that any pruning would require additional approval and prior to any major activities, a scope of work should be submitted to the Conservation Commission.


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 David Pabich, approved (7-0).

The meeting was adjourned at 9:15 p.m.

Respectfully submitted by:
____________________________
Julie Lynn Quinn, Clerk
Salem Conservation Commission
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