Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday April 12, 2007, 6:00 p.m.
Meeting Location: Third Floor Room 313, City Hall Annex, 120 Washington Street
Members Present: Kevin Cornacchio, David Pabich, David Summer, Amy Hamilton, Michael Blier
Members Absent: Keith Glidden
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Approval of Minutes—March 8 and 22, 2007
Members review the March 8, 2007 minutes.
Pabich: Motion to approve, seconded by Blier. (Passes 4-0-1) Amy Hamilton did not vote because she was not present for the March 8, 2007, meeting.
Summer: Motion to table the March 22, 2007 minutes until the next meeting on April 26, 2007, seconded by Hamilton. (Passes 5-0)
Continuation of a Public Hearing – Notice of Intent – DEP #64-444 – Salem Sound Coast Watch, 210 Washington Street, Salem, MA 01970.
Cornacchio reads the legal notice which explains that the purpose of this hearing is to discuss a project to remove Phragmites australis from a salt marsh located within a Riverfront Area at 20 Lincoln Street.
Duques shows the photo log.
Barbara Warren of Salem Sound Coast Watch speaks about the qualifications of Geoffrey M. Wilson who works for the wetlands restoration firm, and will conduct the work on this site. She distributes a packet which describes Wilson’s qualifications.
Warren displays the sign that will be posted at the edge of the property and explains that it will be a white aluminum sign. She provides an overview of the activity, an experiment on how to remove phragmites using three different methods: 1. spraying the Phragmites with a control agent about every other week, 2. digging a trench and excavating 6 inches of soil, and 3. cutting through the concrete wall and bringing in the ditch closer to the area of the phragmites to drain the area.
Pabich asks why they don’t just remove the concrete wall altogether.
Warren states that the project is funded by the Gulf of Maine Cycle and that removing the concrete wall would be a bigger project than they can deal with at this time.
Warren states that the six inches of soil to be removed would not be left on site, and they will look for a place in Salem to deposit the soil. She adds that it must be left in a dry space where the phragmites will not grow back. Warren explains that the plant will not grow back after it has been properly composted.
Blier asks how long it would take to be composted.
Warren says it might take up to one year. She adds that they are hoping to do this project in June and July when the weather is dry, and that they will give a report to the City at the end of 2007, as well as interim report for the Conservation Commission.
Cornacchio opens the discussion to the public. There is no comment.
Blier: Motion to close the public hearing, second by Summer. (Passes 5-0)
Hamilton: Motion to issue an Order of Conditions, seconded by Summer. (Passes 4-0-1) Pabich does not vote because he was not present at the last meeting.
Continuation of a Public Hearing – Abbreviated Notice of Intent – DEP #64-443 – GEI Consultants, 400 Unicorn Park Dr, Woburn, MA 01801.
Cornacchio reads the legal notice which explains that the purpose of this hearing is to discuss the construction of an addition to a one story building located within the buffer zone of a coastal bank at KeySpan off of Pierce Avenue & Waite Street.
Saskia Oosting who represents KeySpan states that KeySpan is looking to add to an existing building and will be building a structure but not increasing any inflow into the ground because all runoff will go into a drainage system which is up to code. She adds that the chain link fence will be moved 3 feet closer to the coastal bank, and that footings for the building will go 3-5 feet deep.
Conacchio advised her that all contaminated soil must be moved off site.
Oosting agrees and adds that any ground water will also be taken off site. She adds that everything inside of the fenced area has a liner system to collect all runoff.
Blier asks if they will match the existing foundation.
Oosting: Yes.
The members agree that the building is far from the bank.
Cornacchio opens the discussion to the public. There is no comment.
Hamilton: Motion to close the public hearing, seconded by Summer. (Passes 5-0)
Summer: Motion to issue an Order of Conditions, seconded by Hamilton. (Passes 4-0-1) Pabich does not vote because he was not at the last meeting.
Duques adds the condition that all soil and ground water generated be property transported off site.
Continuation of Public Hearing – Notice of Intent – DEP #64-426 – A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA.
Cornaccio reads the legal notice which explains that the purpose of this hearing is to discuss the construction of stormwater control structures located within a buffer zone to an inland bank and BVW and culvert a portion of an intermittent stream, pursuant to a DEP Consent Order, at 15 Robinson Road.
Cornacchio reads the letter from Bruce Pool, president of SP Engineering requesting a continuance of this issue.
Duques states that she checked the site and intends to meet with then before May 10th. She adds that the stormwater is lingering and they need to watch it.
Pabich expresses concern about aspects of the drainage stating that they are passively filling wetlands with their runoff.
Blier expresses concern with the company’s lack of statistics on the runoff.
Pabich states that he is willing to deny the request if they don’t have the Topo available by May 10th.
Cornacchio says that a letter to that effect was sent to them.
Pabich asks Duques if she will be able to check the site and the hay bails to see if they are in compliance.
Duques states that she will and Cornacchio agrees to meet Duques on the site on Tuesday for an inspection.
Summer asks if the failure in the hay bails has changed.
Duques states that there have been 2 areas where the hay bails have failed and continue to fail.
All members express discontent with how long this issue has been drawn out.
Pabich suggests advising the company of the members’ discontent before meeting with them on May 10th.
Summer suggests that the Commission deny any further requests if no company representative attends the meeting on May 10th.
Pabich suggests advising them that fines will be imposed if something isn’t done.
Pabich: Motion to continue the DEP Notice of Intent #64-426, seconded by Hamilton. (Passes 5-0)
Public Hearing – Notice of Intent – Tighe and Bond, 53 Southampton Road, Westfield MA 01085.
Cornacchio reads the legal notice which explains that the purpose of this hearing is to discuss the improvements to the existing Peabody Metering and Sampling Facility located within a Riverfront Area, Bordering Land Subject to Flooding, and the buffer zone of inland bank along Harmony Grove Road in Salem.
John Darling, attorney representing Tighe & Bond which represents the South Essex Service District (SESD) introduces Alan Taubert, project manager for SESD, and Melissa Coady, environmental scientist for Tighe and Bond, and explains that the purpose of the work is to provide better flow through the facility and to allow the facility to better function. He adds that the project will last about 4 months, with the excavation portion lasting only one month. Darling states that the project will be publicly bid and the Order of Conditions will be specified in the contract bid specifications. He says that the Conservation Commission members are welcome to come to the pre-construction conference.
Melissa Coady describes the details of the project. She displays a plan and explains that it is a relatively flat site with a maintained lawn so there will be very little run off. She adds that when the work is done the area will be restored to its pre-construction conditions with no alteration to the impervious areas. Coady states that the work will occur within 100 feet of the top of the bank.
Cornacchio asks if the grade flows to the river or to the street.
Pabich says that it is a very gradual flow toward the river but it is a very flat parcel. He asks about the construction sequence.
Coady refers to the plan which describes the construction sequence.
Pabich asks how the connection will be made.
Taubert states that nothing will be removed until the materials are on site, and then they will drain all of the pipes, change the pipes, backfill and test the system, and then reactivate. He adds that the units will be drained into the sewer.
Pabich asks about the bypass.
Taubert says that the bypass is already in the street and they will put a temporary wall in area. He adds that dewatering the rainwater in the hole could be handled with a filter sock technique or will be pumped back into the sewer, but they will probably steel-plate the hole anyway which will prevent most of the rainwater from entering the hole. Taubert says that soil samples have been tested and he believes that the soil is clean except for a slight bit of coal, and that the area is not fertilized. He adds that an outfall did exist but there is no longer any outfall on the site.
Cornacchio opens the subject up to the public.
Joan Sweeney of 22 Silver Street asks about the north wall.
Taubert states that area is a separate property.
Sweeney says that she wants everyone to be aware that there is a huge drainage pipe there.
Taubert says they won’t be working in that area.
Coady states that there is one boring where the excavation will occur.
Pabich asks if there will be an LSP to make an assessment of the situation.
Barbara Warren of 5 Hardy Street asks when this will occur.
Taubert says that the work will be done in the late summer into the fall.
Warren asks if that area floods and what are the plans to handle a major flood.
Taubert says that there are no plans as of now but they will address plans for a flood.
Cornacchio suggests setting up a site visit date. The members agree on April 26, 2007, at 5:00 p.m.
Summer: Motion to continue this issue until April 26th with a site visit at 5:00 p.m. on April 26th, seconded by Hamilton. (Passes 5-0)
Public Hearing- Request for Determination of Applicability – David Pabich.
David Pabich recuses himself from this hearing and steps down.
Cornacchio reads the legal notice which explains that the purpose of this hearing is for a determination of work related to repairs to a seawall and removal of bituminous driveway and concrete walkway within a coastal bank and buffer zone of a coastal bank at 8 Harbor View Terrace.
David Pabich speaks about this project stating that in the last 6 months there was a significant shift of the seawall on his property, which he believes is caused by erosion. He adds that there is a 2nd seawall 18 inches landward from the 1st seawall, and he intends to bolt the 1st seawall to the 2nd seawall, and any organic material between the two walls will be removed and replaced with stone and topped with a filter fabric. Pabich states that an epoxy will be used on the large crack at the southern end of the wall, and the final grade will be approximately 6 inches above the existing wall.
Pabich explains the bituminous driveway being replaced by brick, and the concrete walkway along the house being replaced with an expanded planting bed, and the concrete walkway to the street being replaced with brick pavers. He adds that the grade at the house is about 10 feet higher than that at the wall, and he will restore the dysfunctional weepholes on the wall.
Duques asks about Chapter 91.
Pabich says that he will apply for one on the existing wall which is unlicensed.
Cornacchio recommends the Commission issue a Negative three with some conditions, as the work will be done from the landward side, and any excavate must be stored outside of the buffer zone.
Summer: Motion to close the public hearing, seconded by Hamilton. (Passes 4-0)
Hamilton: Motion to issue a Negative three Determination of Applicability (DoA) with the above noted conditions, seconded by Summer. (Passes 4-0)
Old/New Business
Notice of Project Change – DEP #64-439 and #64-438
Cornacchio introduces the property owner, Paul Dibiase and the Jim McDowell of Eastern Land Survey.
Jim McDowell of Eastern Land Survey, Osborne Hills Subdivision describes the proposal for lots 29 and 30 stating that on lot 29 the wall was champered off in the corner and they would like to square that corner to add more area to the yard. He adds that on lot 30 it is less extensive in its depth than originally planned with a stepped wall condition designed to provide a more level back yard. He asks the commission to consider these two changes. This development is off of Marlborough Road.
After a lengthy discussion the in which the Commission members express disinclination to grant the application, McDowell and DiBiase propose a compromise which involves rounding the edge to the wall.
The members agree to this compromise for lot 29.
McDowell describes the changes to lot 30 with the wall being more vertical and with a step in the wall with a manicured lawn.
Dibiase agrees to install natural plantings in the area between two walls in the resource area in the lower level.
Duques asks for any recommendation such as to use “No Mow” lawn starter.
The members agree to these newly proposed changes.
Pabich: Motion to accept the project with the proposed changes at Osborne Hills which include rounding the corner beginning at flag 839, and moving the lower corner of the wall back, and planting natural vegetation on the lower step of the two walls in the resource area , seconded by Summer. (Passes 5-0)
Blier excuses himself and leaves the meeting.
Request for extension ORAD DEP #264-365 - Osborne Hills Sub Division off Marlborough Road
Pabich: Motion to grant the extension for 3 years, seconded by Hamilton. (Passes 4-0)
Request for Certification of Compliance – DEP #64-357 12 Buena Vista Avenue
Duques says that this was a lot that had been subdivided and the work is completed and the site is clean. She adds that the hay bails can stay and the silt fence has been removed.
Pabich: Motion to grant the Certificate of Compliance, seconded by Summer. (Passes 4-0)
Request for Certificate of Compliance – DEP #64-420 96 Swampscott Road
Duques states that the work is completed and the silt fence has been removed and there was a huge pile of concrete which was just removed today, and the dumpster was removed on Wednesday.
Hamilton: Motion to issue a Certificate of Compliance, seconded by Summer. (Passes 4-0)
Request for Certificate of Compliance – DEP #64-367 - 17 Henenway Road
Duques says that the seawall was constructed and the ramp extended out with a float, and there are no outstanding conditions in place.
Pabich: Motion to issue a Certificate of Compliance, seconded by Summer. (Passes 4-0)
Request for Certificate of Compliance – DEP #64-369 - 137 Marlborough Road
Duques states there was an installation of an in-ground pool with a 50-foot no-build zone and a 30-foot no-disturb zone, and that the river is clear of debris.
Hamilton: Motion to issue a Certificate of Compliance, seconded by Summer. (Passes 4-0)
Update on Violation at 64 Grove Street, former Salem Oil and Grease Site
Attorney Marshall Handley who represents the property owner states that the Conservation Commission did not communicate effectively with him to accomplish a resolution to this issue. He adds that the property owner has done everything that he was instructed to do, and that the trees and the mounds of soil on this property are the excavate from the SESD site.
Duques states that there has been a lack of communication on Handley’s part to inform the Conservation Commission on what was going on with this property.
Much discussion ensues about the timeline for the previous actions and the communication.
Michael Hubbard, property owner, takes responsibility for the period of time that it took to get the hay bails installed.
More heated discussion ensues about past events and communications.
Hubbard displays the plan and explains the actions on the site.
Duques states that she spoke with Bob Griffin, Griffin Engineering and they will be at the meeting on April 26th, and the engineering work is moving along quickly. She adds that she doesn’t want to give too much leeway with the Notice of Intent.
Jesse Blanchette with Griffin Engineering explains the plans and states that the threat of contamination has been decreased and they can conduct borings tests. He adds that there is an old boiled ash drum buried in one area and 2 underground oil tanks which need to be removed. Blanchette states that they need to continue with general clean up of the site which as been a dumping ground for years and there is work in progress to clean the site and remove the debris and remove the trees which have been cut down. He adds that the DEP has pressured them to clean the site by February of 2009.
Pabich asks about the drainage system.
Blanchette states that there is no drainage system currently on site and it drains by overland flow, and that hay bails and a silt fence are there now.
Cornacchio states that all actions requested by the Commission have been done and they will await the Notice of Intent.
Blanchette states that no more trees will be cut down.
Cornacchio states that they can remove the trees that are down, computers, steel, concrete and other debris.
Hubbard states that he has difficulty because the site was used as an urban dump and contains plumbing supplies, concrete, computers, and other junk.
Pabich advises Hubbard not to touch any of the debris that requires any soil be moved.
Hubbard agrees to follow his instructions.
Cornacchio states that he can remove all superficial material from the site. He then opens the hearing to the public.
Mary Connelly of 38 Beaver Street asks what he will do for her property to keep the grade up.
Hubbard states that the neighbors are using a chain link fence as a retaining wall and that this is unacceptable.
Cornacchio states that this issue is out of the Commission’s control.
Connelly expresses concern about the soil condition on the property stating that she doesn’t want anything bad to go into the river.
Sweeney expresses concern about the accessibility of a fire truck.
Hubbard states that he has worked closely with the fire department and that fire truck access is possible.
Jean Burke of 36 Beaver Street states that the trees were removed.
Cornacchio states that he is waiting for the Notice of Intent.
Hubbard states that going forward he should be the point of contact.
Update on Open Space and Recreation Plan
Duques states that they are on track to completing the plan and when it is completed the City can qualify for grants. She adds that the plan will be completed by the end of June or July, and that there will be a final public forum on this plan on Monday May 14th.
Adjournment
Pabich: Motion to adjourn, seconded by Summer. (Passes 4-0)
The meeting is adjourned at 9:20 p.m.
| 
