Salem Conservation Commission
Minutes of Meeting
Thursday, March 8, 2007
A regular meeting of the Salem Conservation Commission was held on Thursday, March, 8, 2007 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street.
Those present were: Kevin Cornacchio, David Pabich, David Summer, Keith Glidden and Michael Blier. Also present was Frank Taormina, filling in for the Conservation Agent, and Julie Quinn, Clerk.
Approval of Minutes—February 22, 2007
The minutes of the Salem Conservation Commission meeting held on February 22, 2007 were presented for approval with typo corrections. David Pabich moved to approve, seconded by Keith Glidden, approved (5-0).
Request for Extension- DEP #64-366 City of Salem Repairs to Willows Seawall (Old/New Business)
Kevin Cornacchio read aloud the legal notice. He noted that this item is being taken out of order to ensure that Kathy Winn, Deputy Director of the Salem Department of Planning and Community Development, could appear during City work hours.
Ms. Winn requested a 3-year extension of the Order of Conditions. She described the project as repair to 275 feet and reconstruction of 177 feet of sea wall at the Willows Yacht Club. She stated that the work had not been completed because funding had only been secured in 2006 from a new DCR program. She concluded that the work should be done within a few months.
Kevin Cornacchio read aloud the Special Conditions of the Order of Conditions, noting that these conditions are all still in place.
There being no further discussion on the matter, Keith Glidden made a motion to extend the Order of Conditions for DEP #64-366 for three years from today’s date. David Pabich seconded, approved (5-0).
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. He then noted that Christopher Ryan of Meridian had submitted a letter requesting that this item be continued to the March 22nd meeting to give Meridian time to complete their analysis.
Kevin Cornacchio noted that the Conservation Commission had made a site visit on Saturday, March 3rd.
David Pabich made a motion to continue until March 22nd, seconded by Keith Glidden, approved (5-0).
Public Hearing—Notice of Intent—DEP #64-434—Town and Country Homes 532 Lowell Street Peabody, MA 01960.
Kevin Cornacchio read aloud the legal notice.
Attorney John Kelty appeared on behalf of the applicant to request a continuation until May 24th, 2007. Attorney Kelty gave the Conservation Commission an update on the status of the project. He stated that originally the project had been proposed with a north and south cluster and drainage to accommodate these clusters. He noted that a zone line had been discovered and that six of the homes proposed at the Clark Avenue Extension are located in an industrial zone. He stated that Ward Councilor Pelletier had been contacted to request a change of zoning to accommodate these six units. He stated that even without the zone change, the Applicant plans to move ahead with the rest of the development and that the stormwater management will still be required to accommodate the roadway. He asked that the peer
review move forward. Pending the Conservation Commission continuation, Attorney Kelty noted that he would present the check for peer review to the Planning Board on Thursday, March 15th.
Attorney Kelty concluded that the Applicant will re-notify abutters before the May 24th meeting.
Kevin Cornacchio opened the meeting up to the public.
David Colpits, 18 Clark Avenue, stated that he represented the concerns of 81 residents (he presented the Conservation Commission with signatures) and then stated his opposition to the proposed subdivision. He expressed concern over the runoff that will be caused by the proposed development and the consequent flooding problems. He also expressed concern over the amount of time the Applicant requested, noting that it should not take so long to gain permitting and begin development. He continued that he was concerned that abutters would loose track of the project due to the extension.
Kevin Cornacchio noted that the Applicant would re-notify abutters before appearing before the Conservation Commission in May should the continuation be extended.
There being no further questions or comments regarding this matter a motion was made by David Pabich to close the hearing, seconded by Keith Glidden, and approved (5-0).
David Pabich made a motion to continue until May 24th, seconded by Keith Glidden, approved (5-0).
Old /New Business
Request for Certificate of Compliance- DEP #64-410 96 Swampscott Road
Frank Taormina noted that Ms. Duques had gone on a site visit and recommend that the Conservation Commission issue a full Certificate of Compliance.
Kevin Cornacchio noted that he wanted to be sure that all erosion control measures have been removed – once the silt fence was removed pack it in and make sure there is no divot. He also wanted to be sure that the special conditions had been met, namely removal of debris and allowing water to flow in and out of the pond.
The Conservation Commission agreed to hold off on issuing the Certificate of Compliance until Ms. Duques verifies that these conditions have been met.
Notice of Project Change- DEP #64-427 Neptune Gas Transmission LNG Pipeline
Kevin read aloud the legal notice.
German Castro, Environmental Project Manager for Intec Environmental Consultants, appeared on behalf of the Applicant. He described the project change as needing to move the pipeline to accommodate the Governor’s condition for approval of both the Neptune and Algonquin pipelines being at least 40 feet apart. He noted that this meant a reduction of pipeline in Salem’s jurisdiction by 290 feet. He stated that the pipeline would follow the same path, offset from the original centerline. He continued that surveying and testing done on the original centerline also covered the new proposed path (testing done at a width of 5,000 feet along the center line). He stated that studies should that there is enough soil to cover the pipeline the required 3 feet and that they would not encounter any hard rock or
other obstacles. He noted that their data had been cross-checked with Algonquin to ensure the impacts would not be increased. He stated that this new proposed plan and information had been submitted to MEPA and Chapter 91 that that they agreed this was a minor change. He submitted DEP’s letter noting that this is not a significant change in the packet submitted to the Conservation Commission.
Kevin Cornacchio asked if DEP had required further bathometric studies.
Mr. Castro replied that they had, and that was not a problem because they had already agreed to do a pre-construction survey.
Mr. Castro note that the Chapter 91 public hearing would be held at the National Park center on March 21st.
The Conservation Commission decided that the proposed change is not an Amendment to the existing Order of Conditions and does not required an Amendment or addition of Special Conditions, that the Conditions issued are adequate. Ms. Duques will send a letter stating this to Doug Jones of Neptune at the address provided in their cover letter.
Violation - 3 Harmony Grove Road, former Salem Oil and Grease Site
Attorney Marshall Handley appeared on behalf of the Owner. He stated that the Owner was acting under a DEP order to remediate the site. He stated that the owner thought that the raised rail road tracks and the DEP order meant that they did not need to submit their plans to the Conservation Commission for approval – he noted that he has now educated his client that that is not accurate and that he must get Conservation Commission approval.
Attorney Handley stated that many chemicals had been stored on site and that the owner is acting on a Response Action Request by DEP. He noted that portions of the site were gathering places for vagrants and was overgrown. He stated that DEP had ordered the area cleared and tested.
The Conservation Commission noted that trees had been taken down by machine and offered as “free wood”.
David Pabich asked Attorney Handley to describe the timeline for DEP’s Order.
Attorney Handley replied that there is no Consent Order, only a tier classification and Phase I and that the treat of release has been controlled to DEP’s satisfaction.
Kevin Cornacchio noted a plastic tank on site full of something and without markings. He then asked if there is an LSP on-site.
Attorney Handley replied that all chemicals have been removed to DEP’s satisfaction and that there is an LSP on site. He also noted that there are no USTs on site.
Kevin Cornacchio noted that Ms. Duques would arrange for a site visit with the LSP.
Attorney Handley noted that the new owners had acquired the property last summer.
Conservation Commission asked about plans for the site.
Attorney Handley noted that the plans were not yet formed.
David Pabich stated that the Conservation Commission needs to be informed of any excavation work on site with respect to remediation.
The Conservation Commission noted that the Contractor had moved ahead recklessly, clear cutting trees that should have been saved. They stated that Attorney Handley needs to inform his client that they must notify the Conservation Commission of any excavation or clear cutting planned and that that they need to order the contractor to not brashly move ahead.
Keith Glidden noted that he wants the contractor to appear before the Conservation Commission because he’s concerned.
Attorney Handley noted that Hubbard Brothers are the contractors.
David Pabich stated that the drainage from the site goes right into the river and it does not matter that the railroad tracks are raised.
Michael Blier noted that he was suspicious and doubtful of this whole project because he is not sure qualified people are making decisions based on the actions taken thus far.
David Pabich noted that if any further excavation takes place without Conservation Commission approval, the Conservation Commission will begin fining.
Kevin Cornacchio noted that the excavator is still parked on-site.
David Pabich stated that the owner needs to identify all surface drains and surface pathways and that the site needs to be stabilized.
The Conservation Commission stated that they want a letter from a wetlands scientist stating that the site is not causing damage to the Resource Area and stating why.
David Summer stated that the excavator needs to be pulled back, equipment must be removed from the resource area, back 200 feet from the river and erosion controls need to be in place.
Keith Glidden noted that the Owner and Contractor need to appear before the Conservation Commission to answer questions at the next meeting.
Conservation Commission stated that Ms. Duques will follow up with a letter and that under the guidance of a wetlands scientist, they are to remove equipment from the site and install erosion controls and to present a letter to the Conservation Commission from the wetlands scientist stating that they are satisfied with the conditions on site and that the site is stabilized.
David Pabich noted that when the building is demolished, the Conservation Commission needs to be notified.
Amanda Davis, 18 Commercial Street, as a member of the Center for Urban Watershed, a non-profit that can gain lands in land lease agreements. They focus on bio remediation (the removal on contaminants through plants). She noted that the organization is interested in working with the Owners of this site and the Universal Steel site.
The Conservation Commission noted that they did not have a contact for the Universal Steel site, but that she should call Barbara Warren of Salem Sound Coast Watch.
A&H
The Conservation Commission briefly discussed their discontent with the lack of information they have been provided even after repeatedly asking for specific information. The idea of peer review was discussed.
Tinkers Island
David L. Davies, President of the Tinkers Island Association submitted a letter to the Conservation Commission dated February 27th. Kevin Cornacchio read this letter aloud, which summarized his assertion that Mr. Silva is not a member of the Association and that he was told that he could not build without the Association’s approval at their annual meeting – he never advised Mr. Silva that the only approval needed was from the Association. He further stated that he instructed Mr. Silva to stop construction. He continued that even if Mr. Silva receives the proper City permits, he cannot build without Association approval.
Keith Glidden noted that the issue of title is important, the Conservation Commission needs to know who has standing as the Applicant and that more information is needed about the Association.
Adjournment
There being no further business to come before the Commission this evening a motion was made by David Pabich to adjourn the meeting, seconded by Keith Glidden and approved (5-0).
The meeting was adjourned at 7:49 p.m.
Respectfully submitted by:
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Julie Lynn Quinn, Clerk
Salem Conservation Commission
Conservation Commission030807
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