Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday May 17, 2007, 6:00 p.m.
Meeting Location: Third Floor Room 311, City Hall Annex, 120 Washington Street
Members Present: Chairperson Kevin Cornacchio, David Pabich, David Summer, Amy Hamilton, Michael Blier, Keith Glidden
Members Absent: Joseph Furnari
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Chairperson Cornacchio calls the meeting to order.
1. Meeting Minutes: April 26, 2007
Duques states that the minutes are not yet available for review.
Pabich: Motion to table the review of the minutes until May 24, 2007, seconded by Hamilton. (Passes 5-0)
2. Public Hearing: Request for Determination of Applicability – City of Salem 93 Washington Street, Salem, MA 01970.
Cornacchio reads the legal public hearing notice which states that the purpose of this meeting is to discuss the removal and replacement of all existing rails and posts up to and including the bridge, located within the buffer zone of a coastal bank, land subject to tidal action, located at the Salem Willow.
Mr. Thomas St. Pierre says that the Salem Willows Pier was damaged in the last storm but they have very little structural work to do except replace some the planks or turn over some others. He adds that some railings will be replaced, and that all of the underwater structure remains in tact and will require no work.
Cornacchio asks if a contractor has been hired yet.
St. Pierre states that North Shore Marine has been contracted. He adds that they declared the site an emergency and closed the area, and that some repairs have begun. He says that the total cost for repairs is estimated to be $130,000.
Summer asks why he will turn over the planks.
St. Pierre says that they will save about 30-40% of the repair costs and the old planks look totally new on the other side. He adds that Mahi Mahi has contributed $10,000 to secure a new gangway.
Blier asks the strategy for the repair.
St. Pierre states that they will salvage all of the materials and bring them in closer.
Cornacchio asks if there is a way to keep the public off of any unrepaired areas.
St. Pierre states that a barrier will be erected but will only be necessary for about 4-5 weeks.
Pabich asks the type of wood being used.
St. Pierre states that it is pressure treated and the new wood is the new pressure treated.
Glidden arrives at 6:12 p.m.
The members discuss a Determination. Pabich and Summer suggest a -2 Determination, and Cornacchio agrees.
Pabich: Motion to assign a -2 Determination of Applicability to this location, seconded by Summer. (Passes 6-0)
3. Public Hearing: Request for Determination of Applicability – City of Salem 93 Washington Street, Salem MA 01970.
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the removal of sediment and debris from a stormwater outfall pipe and surrounding area located within a salt marsh and buffer zone to BVW at outfall adjacent to Monroe Road.
Dick Rennard speaks about the work to be done on the pipe which moves stormwater from Loring Ave to Cleveland to Monroe. He states that this is general maintenance designed to clean out 45 feet from that pipe to enhance the flow. He adds that this area has not been maintained in 8-9 years and is now in dire need of repairs, causing back-ups into the Moffit and Station Road areas.
Cornacchio asks Rennard to show the area. Rennard shows a photo of the area, and states that he took out a dump truck full of sand from an upstream Vortechnic chamber already today.
Pabich asks if it was ever cleaned out prior to this.
Rennard says that he has only been involved in the project since 2006 and it has been cleaned out every year since then.
Duques clarifies that this will only involve sediment removal and they could take out a dead branch or anything else that might impede the flow.
Cornacchio clarifies that they will stay within the 45’ area.
Rennard agrees that he will and he will come back to the Commission if he finds that he needs to go any further.
Duques asks where the sediment will go.
Rennard states that he will put it on a truck and remove it from the site.
Pabich states that it is an important project but the potential for this to go awry is great. He says that he is leery of this project because of what he sees on Harmony Grove Road, a site which was mishandled. He adds that this job would require getting a truck down into this area and he is afraid that something can go wrong.
Much discussion ensues between Pabich and Rennard about a previous project.
Duques asks if the Commission could have a site visit.
Summer asks if they can only set a Negative 3 Condition.
Duques states that Mosquito Control once did this job as a maintenance issue.
Much more discussion ensues.
Duques asks how long it will take.
Rennard states that it would take one day, possible two and all of the equipment will be removed at the end of each day.
Cornacchio asks for Rennard’s assurance that he will put his time in there to watch it.
Rennard assures Cornacchio that he will do that, and that he will instruct the workers.
Glidden states that he has no problem with a -3 Determination with conditions provided the project is overseen by Duques and Rennard.
Rennard vows that he will take out no more than required to get this area back to a natural state.
Pabich states that it is standard practice to see plans from all applicants.
Cornacchio states that he would take more precautions on some contractors than others, but he is comfortable with Rennard’s record.
Summer states that he is comfortable with the -3 Determination with conditions.
Duques says that she can work with Rennard to pull together an operations and maintenance plan for this area.
Pabich suggest putting together a list of standard operation procedures that the Commission could refer to.
Cornacchi reads a letter into the record from Fred Votta in favor of the project. (See attached letter.)
Ward 7 City Councilor Joseph Okeefe of 28 Surrey Road speaks in favor of this project stating that it is much needed. He says that it will cost over $300,000 to fix the pipe from Moffit Road to here, and that Moffitt Road had 3’ of stormwater from this failed pipe. He requests that the Commission grant this request.
Pabich asks if they will inspect the pipe up stream.
Rennard says that he has already done this and they cleaned it out from 31 to 37 Station Road.
City Councilor Okeefe states that the vortex was never cleaned to his knowledge.
City Councilor Lovely speaks in favor of this project.
City Councilor Pelletier speaks in favor of this project and asks that the Commission to approve it.
Cornacchio opens the subject to the public for comments.
Tim Boucher of 3133 Station Road states that in May he had 3 feet of water in his yard. He asks the Commission to approve this project.
Duques states that the Determination is good for 3 years, and recommends that Rennard pull together an operations and maintenance plan for any future work needed on this site.
Pabich and Blier agree with this suggestion.
Pabich states that he is not comfortable approving this request because it is not procedurally correct. He adds that he knows that this site is a problem but he is concerned about not following procedure.
Glidden says that he doesn’t feel comfortable allowing them to go in at any future point without notice. He states that the City must be informed every time this area requires more work.
Pabich suggests the use of silt curtains to prohibit the silt from flowing downstream.
Duques notes this point in the conditions.
Cornacchio suggest the Commission restrict the job to 45' from the outflow pipe.
Rennard agrees that he will work 45 feet from the outflow pipe and approximately 2 feet down from the pipe bottom, and the crew will have the required DEP equipment such as spill kits. He agrees to develop a list of procedural action items for this job.
Pabich states that the weather is a factor, and the work should not be done during a wet seasons.
Duques notes this suggestion with the conditions.
Summer suggests adding the condition that the contractor and Duques will be on site.
Duques notes this point with the conditions.
Glidden: Motion to issue a -3 Determination of Applicability with conditions, seconded by Summer. (Passes 6-0)
4. Public Hearing: Request for Determination of Applicability – City of Salem 93 Washington Street, Salem, MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the removal of vegetation along the railroad right of way, as well as sediment and debris from a stormwater outfall pipe and surrounding area, located within the buffer zone of BVW at Rosie’s Pond and land adjacent to Canal Street.
Rennard states that this will be general maintenance in the area adjacent to Canal Street at Tulip Street. He says that they will clear the path to the outflow pipe at Rosie’s Pond and during low tide, inspect that pipe and if it needs to have sediment removed He will have it removed.
City Councilor Pelletier states that he brought this issue to Rennard’s attention because there is currently no access to the outflow pipe. He asks that Pabich be recused from this discussion because he was working for CDM when this pipe was installed.
Cornacchio recuses Pabich from this discussion.
Councilor Pelletier states that there is no record of this pipe and no As-Built plans. He asks the Commission to approve this project.
Rennard states that there are plans to inspect that pipe and if needed they could open the front of the outflow pipe.
Summer asks about the vegetation in that area.
Rennard states that there are River Birch saplings (gift seeds from the larger trees) and grass and thorny roses.
Pabich asks to be included back into this conversation and Cornacchio agrees.
Pabich says he knows a little bit about this site. He describes in detail the site of the pipe and asks if they want to clear all the way to the pond.
Rennard states that he does not wish to clear all the way to the pond, only in front of the outflow pipe. He adds that this job is not as critical as the Monroe area and they will protect it with all of the hazmat materials and spill kits.
Pabich states that the pipe was only supposed to provide outflow from a major surcharge from a storm and not flow on an ongoing basis.
Ward 5 City Councilor Matt Vino states that he has been working closely with the south river basin and the Rosie’s Pond bypass is critical to the flood control in this area and it needs to be inspected and cleaned on a regular basis. He asks the Commission to approve this project.
Pabich describes the current outflow to Rosie’s Pond and provides some history of work in the area. He encourages Rennard look into the three small pipes on the site which were there before CDM installed the large outflow pipe.
City Councilor Lovely speaks in support of this project.
Glidden: Motion to close the public hearing, seconded by Summer. (Passes 6-0)
Duques recommends a -3 Determination of Applicability with conditions
Summer: Motion to issue a -3 Determination of Applicability with the same conditions as the Monroe Road project, seconded by Glidden. (Passes 6-0)
5. Continuation of a Public Hearing: Notice of Intent – DEP #64-446 – Groom Construction, LLC 96 Swampscott Road, Salem MA 01970.
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the installation of a demonstration residential-scale wind turbine located within a Riverfront Area and buffer zone to BVW at 96 Swampscott Road.
Susan St. Pierre represents Groom Construction. She says that the applicant wishes to install a residential scale wind turbine on the facility. St. Pierre states that the noise level produced by these turbines is comparable to the noise from an air conditioning system, and about $10,000 in energy credits can be received with the use of this structure. She suggests that the members access the website at www.skystreamenergy.com for information on the technical capabilities of the wind turbine.
Duques says they can set a condition pending approval from ZBA.
Pabich: Motion to close the public hearing, seconded by Glidden. (Passes 6-0)
Glidden: Motion to issue an Order of Conditions pending ZBA approval with the following recommendations: (1) stage the equipment from the hot top, (2) install hay bales, and (3) immediately remove all soil from the resource area, seconded by Hamilton. (Passes 6-0)
6. Continuation of a Public Hearing: Notice of Intent – DEP #64-426 – A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA 01970.
Cornacchio reads the legal public hearing notice which states 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 a letter requesting a continuation from S P Engineering President, Bruce Pool
Summer asks Duques if the Commission had determined at the last meeting that this application would no longer be continued.
Duques states that is true, but she has spoken to the property owner who has described his troubled financial situation, and she spoke with Gary Bogue DEP who felt that a denial would leave the issue in DEP’s hands which would not be ideal. She recommends that the Commission hear them next Thursday on May 24, 2007, and find a way to phase the project in order to protect the resource area.
The members complain about the way that this issue is being strung out. They express frustration with the many continuances being issued for this application. They discuss their options with this property.
Cornacchio suggests that they have the work that they do bonded. He suggests writing them a letter stating that the Commission is leery of approving this project given the history.
Glidden adds that the letter should specify that the Commission wants the information that they have wanted from the beginning, and that the members are hoping that the owner’s appearance will provide this. He adds that the letter should then advise the owner of the action that the Commission would take if he fails to provide the required information.
Cornacchio asks Duques to send Mr. Pool this notice in the form of a certified letter and as email.
Glidden: Motion to continue this public hearing until May 24, 2007, seconded by Pabich. (Passes 6-0)
7. Continuation of a Public Hearing: Notice of Intent – DEP #64-447 – MRM Project Management, LLC, 9 Abbott Street Beverly, MA 01915.
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the removal of debris and invasive vegetation from the site, construct test pits and install borings to characterize subsurface conditions, conduct limited site re-grading and stabilization work, and locate and remove two underground storage tanks. The proposed work will occur within Riverfront Area land subject to coastal storm flowage and buffer zone to coastal bank at 64 Grove Street.
Cornacchio reads a letter requesting a continuance from Griffin Engineering.
Duques states that she spoke to Griffin today and told him that she wanted them to come in and he said that he had not been given sufficient time.
The members discuss the current condition of the property.
Pabich states that this site has been completely unprotected from the day of the site visit. He suggests levying fines.
Blier agrees with Pabich.
Duques states that she felt that Griffin didn’t want to talk to her today, and he was not pleased with her comments and asked to speak to Cornacchio.
Glidden states that he agrees with Pabich on the subject of levying fines.
Duques expresses concern with imposing fines effective April 29 because it is a Sunday and there is not adequate time to respond.
Pabich states that the fines should begin no later then Tuesday, May 1.
Duques states that we could levy fines effective May 1, 2007.
Much discussion ensues about the effective date for the fines.
Duques states that this is a riverfront area which was mostly undisturbed for many years and now it has been highly damaged and altered.
Hamilton asks if they have and LSP.
Duques states that they do.
Glidden suggests that the letter state that they should appear before the board to discuss a remedy to the situation and discuss the fines.
Duques asks if she should include notes from the site visit.
Glidden says that she should state what actions were not performed and emphasize that MRM never made any attempt to do anything at all.
City Councilor Prevee states that he was at the site visit, and observed Mr. Griffin’s reluctance to acknowledge the problems on this site. He speaks in favor of levying fines.
Ward 7 City Councilor Joseph Okeefe, says that he is a former State Fire Marshall retired, and suggest that they bring the specifics of this issue to Fire Chief Cody, and that there are abandoned underground storage tanks with product enclosed. He adds that the state requires that all tanks be removed along with ancillary items and the product.
Duques states that the notice of intent mentions that this is what they wish to do.
Councilor Okeefe requests that MRM provide characteristics of the soil all around the property and analyze the pipes.
Wilfred Gallien of 3 Gerald Road, Marblehead asks what the highest fine is that the Commisiion can levy.
Cornacchio says that it is $200/day.
Gallien says that it should be $1000/day.
Jim Treadwell 36 Felt Street states that there were residents at this meeting that left when they heard that this issue was being continued. He adds that the disrespect for the Commission reflects the disrespect for the citizens of Salem.
Cornacchio says that we will send a letter imposing fines effective May 1, 2007.
Glidden: Motion to continue until May 24, 2007, seconded by Hamilton. (Passes 6-0)
8. Public Hearing: Notice of Intent – Samuel Papalardo, 6 Dearborn Lane, Salem, MA 01970.
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a 36-foot long x 4-foot deck pier with associated wooden access stairs, a 40-foot long gangway and a 12-foot x 20-foot float at 6 Dearborn Lane.
Samuel Papalardo of 6 Dearborn Lane distributes the plans for this project and a list of abutters, and states that he will come off the retaining wall at the back of his property with the steps coming down to a 4’ wide deck pier.
Glidden asks if a special permit is required from the ZBA. He wishes to make sure that the Commission approves something that will be approved.
Cornacchio asks about the tubes at the base of the stairs.
Papalardo states that they will be driven in.
Pabich asks how they will be driven.
Papalardo says that he will hire a company with power drivers.
Pabich suggest permitting this as though there will be no disturbance and then if there has to be a disturbance he will have to come back.
Glidden asks if the footing will be hand dug.
Papalardo: Yes
Glidden suggests that they condition that the barge be located outside of the salt marsh.
Cornacchio says he would like an answer to this question. “Can the concrete pumper reach the sonotubes?”
Duques states that he wants info about the reach of the boom.
Pabich states that he may need a proper railing. He adds that he wants to know the diameter and depth of the sonotubes.
Duques asks about the environment at the site.
Papalardo states that it is all sand. He adds that the railing is 42” high.
Jim Treadwell of 36 Felt Street asks about the purpose of the right-of-way or easement and if Mr. Papalardo would make it clear that there is public access to Ropes Point. He adds that he would like to go on the site visit.
Papalardo states that it is not a public right-of-way but there are deeded beach rights only to certain neighbors.
Duques asks if he has received a letter from the Dept of Marine Fisheries.
Papalardo says that he has and presents some letters to Duques. He adds that there is no DEP number yet.
Cornacchio suggests scheduling a site visit and states that he wants a DEP fine number before the visit on June 14, 2007 at 4:30 p.m.
Councilor Paul Prevey requests to attend the site visit and Cornacchio agrees.
Hamilton: Motion to continue this public hearing until June 14, 2007 at 6:00 p.m. with a site visit on the same date at 4:30 p.m., seconded by Summer. (Passes 6-0)
9. Public Hearing: Request for Determination of Applicability – Diane and Peter Haywood Winter Island Yacht Yard, Salem, MA 01970.
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss repairs to an existing rip rap slope within Buffer Zone to Coastal Bank, and Land Subject to Coastal Storm Flowage at 3 A Winter Island Road.
Property owner Peter Haywood states that he needs to excavate 2 feet on the inward side of a retaining wall and reslump.
Duques states that they originally considered this an emergency project but after visiting the site decided it would be a RDA.
Cornacchio asks if he still has a concrete person available.
Haywood: Yes
Cornacchio states that he didn’t notice much debris.
Haywood agrees that maybe some 3 inch stone pulled out into the water. He adds that the concrete will be poured in a way that it will not flow much but will move down and stay there.
Duques states that this should be a -2 Determination of Applicability.
Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 6-0)
Glidden: Motion to issue a -2 Determination of Applicability, seconded by Summer. (Passes 6-0)
Cornacchio reads the -2 Determination of Applicablity for the record and states that there are no conditions on this because it is a -2 Determination.
Old/New Business
10. Presentation regarding construction equipment stored along North River adjacent to HMA carwash.
Duques states that she received a call from a citizen that wishes to submit a petition.
Wilfred Gallien of 3 Gerald Road, Marblehead shows pictures to the members and states that he has been going over this bridge for the last 20 years. He states that this equipment will never be used again, and it is junk. He adds that nobody seems to have the power to do anything about it. Gallien says that this equipment creates a home for people who live there. He acknowledges that this Commission is the only body that has the authority to tell the property owner to get this equipment cleaned up immediately. He requests that the Commission take prompt action to clean this up.
Councilor Prevey says that this falls within Ward 6 and it is the gateway to Salem. He states that this property belongs to Mr. Burnham who, when asked said that he has some downtime and will try to move it or deal with it.
Glidden says that there is little that the Commission can do.
Pabich suggests that this issue be brought to the attention of the Bureau of Solid Waste management.
Duques says that they could use it as a health issue, and getting DEP involved with it would help.
Much discussion ensues about the options for dealing with this site.
Glidden asks if this property is on the market.
Councilor Prevey states that he believes that the owner is working with some adjacent property owners in collaboration to sell a number of properties in this area to a developer.
Glidden states that we could potentially see a resolution to this in the longterm and any action that the Commission takes might deter or discourage anyone from purchasing this property.
Councilor Okeefe suggests that you call Mr. Burnham and tell him that you are coming to look at it.
Summer states that it might be a public right-of-way and something could be done regarding a nuisance.
Jim Treadwell of 36 Felt Street states that the HMA carwash and Junkyard are the properties that are singled out for purchase by a developer. He asks the Commission to take action to rectify this situation.
Gallien states that this is garbage dump.
Cornacchio states that fines were issued 10-12 years ago and he never paid them.
Glidden states that we need to ask DEP to look into this.
Councilor Vino encourages the board in the direction of action against this property owner.
Councilor Okeefe says that Mr. Burnham is on the Harbor Development Committee and suggests issuing a fine and if he fails to pay it then he won’t be allowed to stay on the committee any more because that is a condition of participation.
Cornacchio asks Duques to research minutes from 9-10 years ago to see the previous actions taken with this property, and to send him a letter advising him of a site visit on June 14, 2007 at 4:00 p.m.
Summer suggests placing a lien on the property so if he sells the property the City will get that money.
Jim Treadwell of 36 Felt Street speculates that he might have been put on the Harbor Development Board for some reason. He wonders who appointed him to the board.
Councilor Okeefe states that he wishes to go on record saying that he is the one that recommended Mr. Burnham to that Harbor Development Committee.
Cornacchio reviews the Commissions actions which include:
1. Issue a letter announcing site visit.
2. Question the DEP regarding the history of this property.
3. Use a global approach with the mayor and some other boards to resolve this issue.
Treadwell states that the flag on the island at HMA is the extent of the public land.
11. Tinkers Island Homeowner’s Association
Ward 7 City Councilor Joseph Okeefe says that he is on the Committee on Ordinances, Licenses, and Legal Affairs, and is working on a new land lease with the Tinker’s Island Homeowner’s Association because their lease with the City has expired.
Councilor Okeefe states that there is a dispute between a resident and members of the homeowner’s association. He adds that the people on the island do not want this individual to build a house there and the pilings have already been poured. He says that he and others wish to go out to the island when the Commission goes there to see what to do about the license for the Tinkers Island Homeowners Association.
Duques states that Mr. Silva is on the agenda for the next meeting and a site visit will be scheduled then.
Duques states that there has been correspondence and he has the right to build out there from a zoning perspective. She believes that he owns rights to the property, but the City owns the property. She assures Councilor Okeefe that he can attend the visit to Tinker’s Island.
12. Discussion on 26 Hardy Street – illegal stairway leading to water
Duques states that the owner of this property will be coming before the commission next week, and that they have already blocked the stairway.
13. Discussion of vegetation removed along North River
Duques states that the City received approval to remove dead vegetation and trash and the workers cleared more than they should have. She adds that the person from DPW started pulling everything out and encouraged his people to pull everything out, including railroad ties, and the banks crumbled. She says that Chris Tighe oversaw the Salem section and the work has been stopped, but on the Peabody section they removed all of the rocks and threw them to the sides. Duques states that she went there today with Barbara Warren who is now happier with the situation and, in the future, if something is buried they are leaving it there and flagging it, and if they have to cut any vegetation they will just weedwack it. She states that there is no need for any enforcement order from the City yet but to have him do some fast
growing seed. She says that the crew is a part of a career work program from Lawrence.
Pabich states that the existing grass grows so fast that it will not be necessary for the fast growing seed to be put there. He adds that the existing grass will be too high by the time the City can mobilize crews to do any plantings there.
Councilor Prevey says that he noticed a Peabody clean up crew was there yesterday.
Duques states that they want to do a similar project on Brooks Street and the scope is removing dead vegetation and trash and debris.
14. Request for a Certificate of Compliance – DEP #64-393 Palmer Cover Yacht Club
Duques states that this was filed in 2005 and they have a new seawall, new pilings, and crossbraces. She adds that there are no outstanding conditions, and recommends that the Commission issue a Certificate of Compliance.
Cornacchio states that it looks very good.
Pabich: Motion to issue a Certificate of Compliance for DEP #64-393, seconded by Glidden. (Passes 6-0)
15. Review of Revised Plans – DEP #64-439 and #64-438 Lots 29 and 30 Sub-Division off of Marlborough Road
Duques states that they built the walls and that Mr. Di Biachi is looking for approval.
Glidden: Motion to grant a notice of project change with the new plans, seconded by Blier. (Passes 6-0)
Glidden: Motion to adjourn, seconded by Hamilton. (Passes 6-0)
The meeting is adjourned at 10:00 p.m.
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