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Minutes, June 14, 2007
Salem Conservation Commission
Minutes of Meeting


Date and Time:  Thursday, June 14, 2007, 6:00 p.m.
Meeting Location:       Third Floor Room 311, City Hall Annex, 120 Washington Street
Members Present:        Chairperson Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton, David Pabich, David Summer
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, May 17, and May 24, 2007 Meetings

Members review the minutes for the April 26 meeting.

Pabich: Motion to accept the minutes for the April 26 meeting, seconded by Hamilton.  Blier abstains because he was not present for that meeting.  (Passes 6-0)

Members review the minutes for the May 24 meeting.

Pabich: Motion to accept the minutes for the May 24 meeting, seconded by Blier.  (Passes 6-0)

Summer: Motion to table the minutes for the May 17 meeting until June 28, 2007, seconded by Pabich.  (Passes 6-0)

2.  Public Hearing:  Request for Determination of Applicability – Earth Tech – 300 Baker Avenue, Concord, MA  01742

Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the installation of a traffic signal located within flood zone A at the intersection of Bridge Street and the westerly ramp at North Street.

Lynn Duncan representing the City of Salem introduces Gail Rosenberg, project manager Capital Asset Management, and Nick Rubino with Earth Tech and explains that this traffic signal is part of a larger project with the courthouse project and Bridge Street reconstruction.

Rubino explains that as part of the courthouse reconstruction the City will reconfigure some of the traffic, such as the westerly ramp at Bridge Street.  He displays 2 plans, describes the project, and answers many questions from the Commission.  Listed below is some of the information provided by Rubino:
·       The traffic signal will consist of 4 post-mounted signals with one signal hanging over the roadway.
·       There will be video detection for the vehicles and a computerized signal control installed.
·       There will be some underground conduit installed about 30 inches below the surface.
·       All surfaces will remain at the current level.
·       Power will come from a utility pole on the opposite side from the signal control.
·       The light will stay green on Bridge Street unless there is a car on the ramp, or a pedestrian wishing to cross.
·       This signal is a temporary measure until the completion of the Bridge Street Project in 3-5 years.
·       The project will not disturb any of the existing drainage or utilities in the area.
·       The catch basins would be lined and hay bales will be place prior to any excavation.
·       Any excavate will be removed from the site and disposed of in an approved location.

Duques states that the location is outside of the 200 foot area from the river.

Pabich states that the plans should reflect the locations of the catch basins.

Cornacchio asks what will happen to the signal controller if there is a flood in that area.

Rubino states that it is weather-tight but he can look further into that.

Blier asks if the granite curbing removed will be replaced with granite.

Rubino:  Yes.

Cornacchio opens up the meeting to the public.

Jim Treadwell of 36 Felt Street mentions that Bridge Street will be widened into 4 lanes.  He states that this proposal was presented to the pubic (about 85 people) and they were told that it is only preliminary.  He adds that this is Chapter 91 because it is filled tide land.  He says that he feels that they are rushing this and the public doesn’t have all of the pieces to this puzzle yet.

Duncan says that these plans are not yet approved by Mass Highway and if the plans were to change significantly they would need to come back to the Commission.  She states that the City has a concern about pedestrian issues at this location, and this is a temporary measure until the Bridge Street project is completed.  She adds that the timeline for the Bridge Street project is uncertain.

Jane Arlander of 93 Federal Street states that there is flooding in that area at the base of the ramps, and those west ramps get closed in a flood.  She adds that they have closed several times since the beginning of the year, and that closing reroutes heavy vehicles through Federal Street.  She says that Mass Highway has tried to fix this and the City is trying to mitigate the flooding.  She expresses concern with the flooding calling it a major problem.

Cornacchio says that the flooding and traffic rerouting will need to be addressed again when they are trying to fix the flooding issue.  He adds that this is a difficult place for pedestrians to cross the street.

Mary Whitney of 356 Essex Street asks about the increase in the impervious surface.

Cornacchio says that the Commission typically looks at that but there is no increase in this case.

Glidden states that the NOI contain specifications for the soils and the drainage and the protective measures used during the excavation.

Cornacchio suggest using a -2 Determination.

Duques reads the criteria for the -2.

Glidden:        Motion to close the public hearing, seconded by Pabich.  (Passes 7-0)

Glidden:        Motion to issue a -2 Determination of Applicability with the conditions of the soil removal and the catch basins protections are stated in the plans and in the determination, seconded by Pabich.  (Passes 7-0)


3.  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.

Duques states that the Commission asked her to draft an Order of Conditions and calculate the fines.  She adds that she spoke with Bob Griffin of Griffin Engineering and summarized the fines and emailed the draft of the Order of Conditions.  She says there were fines of $200, and then $800, and then $4,800, for a total of $5,800.  

Pabich states that he takes exception to the fact that it took 3 weeks for the applicants to get the hay bales finished after they were advised to do so.

Hubbard addresses this point and explains the timeline.

Pabich and Hubbard discuss the timeline for the installation of the hay bales.

Hubbard states that all of the work has been accomplished and he asks the Commission to hold the fines in abeyance.  He adds that the site has been stabilized.

Duques says that the City’s workers have removed the debris that was placed on the property, and the railroad company will be able to remove the railroad ties.  She adds that the Japanese knot weed is about 2.5 feet tall which is stabilizing the bank.

Cornacchio suggest fining them only $1000.

Summer clarifies that the fines cannot be held in abeyance beyond tonight.

Duques states that the Order of Conditions is good for 3 years and it is better to deal with the fines now.

Summer says that he was frustrated with the situation at first but he now agrees with Cornacchio’ suggestions.

Pabich says that he will go along with the recommendation because there was no specific date mentioned when the initial instructions were given for the hay bales during the site visit.  He adds that in the future he will always state a specific date for each instruction.

Hubbard requests a 60-day deadline for payment.

Glidden:        Motion to issue a $1000 fine payable in 60 days, seconded by Pabich.  (Passes 5-0)

Glidden:        Motion to close the public hearing, seconded by Hamilton.  (Passes 5-0)

Pabich says the Conditions should specify that any piles of excavate should be covered.

Duques says that at the beginning of the draft it describes which activities are being permitted and she reads this section of the draft Order of Conditions which sites the details specified in the plan.

Summer asks when the site will be available for use.

Hubbard says that he has no immediate plans for the site.

Summer asks how long it will take to do the work in the Order of Conditions.

Hubbard says it will probably be finished in the fall.

Pabich says that he wants the fire department to understand that the bridge is not approved for passage.

Hubbard says that he meets with the fire department on that site frequently and they are very familiar with that property.

Summer: Motion to issue an Order of Conditions, seconded by Hamilton.  (Passes 5-0)


4.  Continuation of a Public Hearing:  Notice of Intent – DEP #64-450 – 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 12-foot x 20-foot float at 6 Dearborn Lane.

Cornacchio says that there are some changes to the original request as a result of the site visit this afternoon.

Papalardo states that North Shore Marine has been contracted.  He adds that 10 x 10 round pylons will be driven in from an crane with a 75' boom on a barge.  The excavator can reach over from the water at high tide.

Cornacchio states that there were 2 other pier projects that were granted in that area.

Pabich asks about height of the deck.  He states that the public should be able to walk next to the sea wall.

Papalardo says that it will be possible because the stairway will be 9 feet above the ground.

Duques says that she observed the easement for the public and there are no signs.

Cornacchio states that it is not a public way, only a drainage easement, and there is a 3 foot easement for the neighborhood people in the deed.

Cornacchio states that the plans will need to be redrafted to reflect the changes made at the site visit.

Cornacchio opens to the public.

Jim Treadwell of 36 Felt Street states that there is public access at the extension of Felt Street toward the river.  He adds that the dock to the west of the new dock (not Papalardo’s) would prohibit public access.

Pabich explains that the dock to the west is outside of the jurisdiction of the Commission because it is Chapter 91.

Glidden:        Motion to close the public hearing, seconded by Pabich.  (Passes 7-0)

Glidden:        Motion to grant an Order of Conditions subject to the revised plan, seconded by Pabich.  (Passes 7-0)

5.  Continuation of a Public Hearing:  Notice of Intent – DEP #64-449 – Mark & Sandra Connelly, 26 Hardy Street, 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 stairway from the seawall to the mudflats located within costal bank and land under the ocean at 26 Hardy Street.

Cornacchio reads a letter from the Connellys requesting a continuance.

Pabich: Motion to continue until June 28, 2007, seconded by Glidden.  (Passes 6-0)

6.  Continuation of a Public Hearing:  Notice of Intent – DEP #64-448 – Costa Sideridis, 2 Autumn View, 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 home, stabilization of a bank, planting and landscaping within the buffer zone to BVW at 12 Buena Vista Ave (West).

Cornacchio reads a letter requesting a continuance from Costa Sideridis.

Summer: Motion to continue this hearing on June 28, 2007, seconded by Hamilton.  (Passes 6-0)


7.  Public Hearing:  Notice of Intent – Robert Lutts Cabot Farm Trust, 92 Orne Street, 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 140 foot pier with associated 50 foot ramp and 25 X 35 foot float at 92 Orne Street.

Bill Kelly with Kelly Marine Resources speaks about the project.

Duques states that there is no DEP number yet.

Cornacchio states that the Commission cannot grant an Order of Conditions until a DEP number has been issued.

Bill Kelly states that he has not applied for Chapter 91 yet because he doesn’t have the Order of Conditions yet.

Duques suggests that he start that now to save some time.

Kelly states that there are the remnants of a pier that was there 150 years ago from a brick making factory.

Duques states that the site is a rocky coast with little vegetation with pieces of brick and rock, and that the pier extends far out because it is necessary to go that far to get to deep water.  She asks about any transition from the landscape to the pier.

Kelly states that there would be some re-grading.

Blier asks how that soil will be retained.

Dan Lynch of Lynch Engineering describes the method for the fill, putting 2 piles inland and then using a little fill.

Duques expresses concern that this might be washed out.

Cornacchio suggest using a ramp to eliminate the need for the fill.

Pabich asks about the vegetation in that area.

Lynch says that it is a meadow.

Pabich asks how the soil will be retained.

Lynch says that a ramp would be an alternative, possibly using some pre-cast panels to the embankment.  He says that there will be no vehicles on that pier, except for kayaks or canoes.

Glidden asks what will happen to the float in the winter.

Cornacchio suggests leaving it there or mooring it out.

Lynch states that the work will be done from the water side.

Lutts states that his cousin, Craig Burnham, is the contractor.

Lynch states that he would like to use steel piles encased in concrete, and the method for the concrete application could be addressed in the Order of Conditions.

Kelly asks if there is a problem with driving cars up there.

Cornacchio:  No.

Pabich suggests scheduling a site visit.

Lynch says that he prefers to cantilever about 2 feet out for all coastal bank work.

Cornacchio opens to the public.  There are no comments.

The members discuss a possible date for a site visit and agree to June 28, 2007 at 5:00 p.m.  Pabich agrees to visit earlier that day.

Pabich: Motion to continue until June 28, 2007 with the site visit held prior to the meeting, seconded by Summer.  (Passes 6-0)

8.  Public Hearing:  Request for Determination of Applicability – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940

Jim MacDowell, Civil Engineer with Eastern Land Surveys, presents the plans for 12 individual lots and states that roads and utility systems have all been reviewed and they are here tonight to discuss the development of these lots.  He suggests that he present the plans for all of the properties now and then request a continuance for all 12 of the lots until after the site visit.

Duques states that she is reluctant to continue all 12, and she wants to deal with all of the RDA’s now.

Cornacchio agrees with Duques.

Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a boulder wall, grading and landscaping in the buffer zone of BVW on Lot 19 on Amanda Way off of Marlborough Road.

MacDowell points out the project entrance and Lot 19 on two plans and distributes a table describing specific properties for each lot.  He states that the footprints on the plans are the largest footprints allowed and they are not the final plan, so the future plans will not contain any footprints larger than those currently shown.  MacDowell says that the stormwater facilities will not be impacted, and that only a small amount of work will be done here.  He adds that erosion control will be at the outer limit of the piping and the retaining wall location.

Cornacchio opens to the public and the Commission for questions or comments.

Pabich asks about the retaining wall and whether this Commission has seen the plans for this yet.

MacDowell shows the plans for the retaining walls.

Pabich asks if the Commission discussed and permitted this stormwater system already.

MacDowell says that it was approved by the Commission already.

Pabich asks if there is an Order of Conditions for the stormwater system.

MacDowell says that he believes there is but he is not completely certain.

Pabich says the he is quite sure that he has not seen plans for the stormwater system and he is uncomfortable talking about any of these lots until this system has been discussed.

Duques reads the Order for DEP #64-438.

Pabich asks what the special conditions are for that order.

Duques says that the Order was amended to combine two phases.

MacDowell says they are now in phases 1 and 2.

The Commission discusses the history of any discussions about this stormwater system.

MacDowell suggests a continuance for Lot 19 until the site visit.  He says that he plans to stake all of the back lot corners as a reference point, and stake the back house limit for each house, and identify the grades for each stake.

Pabich requests that he stake the back corner of each house.

MacDowell agrees to do this.

The members discuss the possible dates for the site visit.

Patricia Liberti of 3 Lyons Lane asks where the wetlands are and notes that some of the houses are in the buffer zone.

Cornacchio says that this is allowed.

Members agree to a meeting on Saturday, June 30, 2007 at 8:00 a.m.

Pabich: Motion to continue the public hearing for Lot 19 to July 12, 2007, seconded by Hamilton.  (Passes 6-0)

9.  Public Hearing: Request for Determination of Applicability – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940

Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed grading and landscaping in the buffer zone of BVW on Lot 39 on Amanda Way off of Marlborough Road.

MacDowell points out Lot 39 on the plan and states that its site work is a stand alone feature and there is less work in the buffer, there is no retaining wall.  There will be silt fence along the lot line.  He describes the grading and elevation.

Pabich asks where the roof recharge is.

MacDowell studies the plan then says that the plan may have Lots 37 and 39 switched and he requests a continuance.

Cornacchio opens to the public.  There is no response.

Summer: Motion to continue the public hearing to July 12, 2007, seconded by Glidden.  (Passes 6-0)

10.  Public Hearing:  Request for Determination of Applicability – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940

Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed grading and landscaping in the buffer zone of BVW on Lot 13 on Osborne Hills Drive off of Marlborough Road.

MacDowell describes the work to be done on the lot and states that there will be no retaining walls and a silt fence will be installed and there is no roof recharge.  He describes the grading, altitude, and dimensions.  He adds that the hay bale line will be on the back lot line.

Pabich states that Lot 13 cannot be constructed unless 14 is constructed as proposed.

MacDowell disagrees and states that 13 is a stand-alone lot.

Summer: Motion to continue to July 12, 2007, with a site visit June 30, 2007, seconded by Glidden.  (Passes 6-0)

MacDowell requests that Cornacchio open the public hearings for all of remaining 9 lots on the agenda, and immediately grant a continuance for all of these lots.

The members agree to this.

11.  Public Hearing:  Notice of Intent – DEP #64-451 – Osborne Hills Realty Trust, P.O. Box 780 Lynnfield, MA  01940.  The purpose of this hearing is to discuss the proposed construction of a single family home, driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 36 Osborne Hills Drive off of Marlborough Road.  and

12.  Public Hearing:  Notice of Intent – DEP #64-454 - Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940.  The purpose of this hearing is to discuss the proposed construction of a single family home, driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 14 Osborne Hills Drive off of Marlborough Road.  and

13.  Public Hearing:  Notice of Intent – DEP #64-453 – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940. The purpose of this hearing is to discuss the proposed construction of a driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 15 Osborne Hills Drive off of Marlborough Road.  and

14.  Public Hearing:  Notice of Intent – DEP #64-452 – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940.  The purpose of this hearing is to discuss the proposed construction of a driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 35 Osborne Hills Drive off of Marlborough Road.  and

15.  Public Hearing:  Notice of Intent – DEP #64-455 – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940.  The purpose of this hearing is to discuss the proposed construction of a retaining wall, landscaping and grading in the buffer zone of BVW on Lot 38 Amanda Way off of Marlborough Road.  and

16.  Public Hearing:  Notice of Intent – DEP #64-456 – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940.  The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, driveway, landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road. and

17.  Public Hearing:  Notice of Intent – DEP #64-457 – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940.  The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 18 Amanda Way off of Marlborough Road.  and

18.  Public Hearing:  Notice of Intent – DEP #64-458 – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940.  The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 17 Amanda Way off of Marlborough Road.  and

19.  Public Hearing:  Notice of Intent – DEP #64-459 – Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA  01940.  The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 16 Amanda Way off of Marlborough Road.

Cornacchio opens all of these public hearings.

MacDowell requests a continuance until July 12, 2007 with a site visit on June 30, 2007, at 8:00 a.m.

Glidden:        Motion to continue all of these public hearings until July 12, 2007, with a site visit on June 30, 2007, seconded by Hamilton.  (Passes 6-0)

20.  Public Hearing:  Notice of Intent – DEP #64-434 – Town and Country Homes 532 Lowell, Peabody, MA  01960

Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the revised proposal for construction of a residential and stormwater management facilities associated with a subdivision off Clark Avenue.

Cornacchio reads a letter requesting a continuance to July 26, 2007, from Chapel Hill LLC, John R. Keilty.

Duques states that they ran into a snag with zoning and they are asking the Councilors to modify the zoning.

Hamilton:       Motion to continue this public hearing until July 26, 2007, seconded by Summer.  (Passes 6-0)

Old/New Business

21.  Commission Approve letter Drafted by Conservation Agent to DEP Regarding Consent Order Issued to 15 Robinson Road

Cornacchio asks the members if they reviewed the letter written by Duques and the members agree that they have.

Duques states that she will attach the most recent site plan to the letter.  She adds that the DEP has advised her that the work is in progress.

Hamilton asks for specific language regarding the catchment area that contributes to the proposed stormwater ponds.

Summer: Motion to accept this letter to the DEP concerning 15 Robinson Road as written with the suggested changes, seconded by Glidden.  (Passes 6-0)

22.  Update Commission on Proposed Work at 1A Daniels Street Court

Duques states that she received a call from Christian Tosi and they are proposing to add a second bedroom within a flood zone.  She says that she gave her instructions to cover any stored material with a cover and to store nothing in the dumpster which could blow into the harbor.

23.  Update on Site Visit to Public Way between HMA and MBTA Parking Lot

Duques says that she visited the site with Wilfred Gallien and the owner, Mr. Burnham, was there and he said that he is using it as storage and he would send someone out to the river to remove any material that has fallen into the river.  She adds that she spoke with the DEP and they suggested that the Commission approach this issue as a failure to maintain the sea wall.  Duques states that the path between MBTA and HMA is blocked in some points.  She says that Burnham is claiming that he has spoken to the Mayor about doing a land swap for another piece of property where he could do some industrial work.

Wilfred Gallien of 3 Gerald Road, Marblehead, says that he drove 167 miles today to get to this site and only Ms. Duques was there.  He expresses disappointment that no one else was there.

Cornacchio says that he is very familiar with the site.

Glidden says that he was there last week.

Summer says that he walks that way almost every day.

Gallien says that he suggested that Burnham remove all of the material on the land and Burnham said that he made a living on that material.

Glidden asks if there is a Chapter 91 license on that property.

Duques says that she will check and it is a state license and the state would have to inspect it and enforce it.  She agrees to check with the DEP.

Glidden says that the Commission has limited ability to go after situations like this.

Duques says that this Commission can only review how this material affects the wetlands.

Gallien states that the powers-to-be in this City are not willing to go after this.  He expresses disapproval with the condition of the site.

Glidden repeats that cities have limited power to do anything about this, and the City could not afford to sue this person, and they probably would not win.

Gallien asks about the history of the fines on this property.

Cornacchio says that the City Solicitor would be able to look into the fine issue, but he cautions that this situation is difficult.

Mary Whitney of 356 Essex Street asks if any of the equipment stored on the property touches the water when the water rises up to this site.  She questions whether this issue would be in the jurisdiction of the Commission.

Pabich asks at what point storage becomes landfill.  He states that there are two issues here, the solid waste issue, and the Ch. 91 maintenance issue.  He says that he wishes to know the distinction for this situation.

Duques says that she should talk to someone regarding Chapter 91.

Pabich asks her to speak with someone in the department of solid waste and Duques agrees to do this.

Glidden states that the Harbor Act would prohibit the placement of the boats in the water because it impedes passage in the river.

Gallien asks where he should go to get this property taken by eminent domain.  He says that the State once took the property by eminent domain from a woman that once owned the property, and then gave it back to her, and Burnham purchased the property from that woman.

Glidden says that the Commission cannot send an eminent domain action request to another Board.

Duques states that she will follow up with a letter thanking him for offering to pick up the debris and express concern for the failure of the sea wall.

Glidden states that Burnham will not reply in writing.  He suggests setting a deadline for the debris to be removed from the wetlands and if it is not clean by that deadline, then the Commission can begin fining.

Duques states that it is unclear exactly where the line for the sea wall might be, and in any dispute it would be his word against the Commission.

Pabich asks Duques to check for a history of a Chapter 91 permit.

Duques states that the address for this site is 70 North Street.

Glidden advises Duques to ask for the removal of the debris, equipment and foreign objects, and state a completion date for the clean up, and then state that the Commission is seeking clarification on his compliance with Chapter 91, and will be in contact with the DEP.  He says that the letter should mention that the fine for lack of compliance is $200 per day.

Cornacchio asks Duques to check with Beth Rennard first for outstanding fines.

Glidden says that the letter should be specific with the types of materials that he has on site that are in violation, and issue a cease-and-desist letter.

Blier says that any letter should go through Beth Rennard first.

Glidden says the he would rather see the correct procedure being used and be extremely specific about the resource area and the type of materials to be removed.

Pabich suggests putting all of the property owners on notice that have failing sea walls.

Cornacchio says that Duques has been in contact with the Mayor’s office throughout this issue.

24.  Discussion of Vegetation removal along Brooks Street

Duques says that the City officials requested to send the people that did the previous removal into the Brooks Street area to remove the phragmites.  She states that she told them that there is no point removing it because it is very aggressive and it will grow right back again.  She adds that she has mentioned this request to Salem Sound Coast Works who said that the whole area should be dredged because one side is silted in and has begun to cut out the embankment on the other side.

Pabich states that the area needs to have a flow down the center.  He asks that they come before the Commission with detailed plans.

Duques says that she will advise the City officials that this was not approved by the Commission and to present detailed plans if they wish to pursue this.

Cornacchio advises Duques to tell them to form a proposal and an NOI.

Mary Whitney of 356 Essex Street says that disturbing the phragmites can make it come back even stronger.  She recommends a professional group that manages this type of problem at the Silvio Conte National Wildlife refuge.  She says that the contact is Cynthia Bogner.

25.  Discussion of Violation at 9 Winter Island Road (Emergency Form)

Duques states that there is illegal activity going on at this site.

Glidden views the photos and states that this activity needs to be fined.

Duques says that she issued a cease-and-desist order stating that any work done there requires an RDA followed by a full NOI.  She says that she saw them on June 12, 2007.  She states that the owner said that the storm pulled the sea wall out and he wishes to pour concrete on the landward side of that sea wall, and she has advised him that he must file an application and let the Commission know what he is doing.

Pabich asks if there is any machinery there.

Duques says that she saw no machinery and it appears as if the storm water washed the soil out from behind the wall.

Pabich expresses concern about these granite blocks being added recently and the pouring of concrete behind it would create a permanent mess.

Glidden says that he should get a wetlands scientist to study this and recommend erosion control measures.

Pabich says that if there is a public safety issue with the stones he should buttress it and secure the area.  He asks if the materials for the two sea walls are the same.

Duques says that she is not sure.

Cornacchio says he should place hay bales and silt fence first and hire a professional.

Duques agrees to follow up.

25.  Salem Harbor Implementation Committee

Cornacchio states that the Salem Harbor implementation Committee meets on Tuesday nights once a month 6:00 p.m.  He asks for a volunteer to meet with them to represent the Commission.

Glidden agrees to look into the possibility for going to these meetings.


Adjournment

Glidden:        Motion to adjourn, seconded by Pabich.  (Passes 6-0)

The meeting is adjourned at 9:50 p.m.