Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, June 28, 2007, 6:00 p.m.
Meeting Location: Third Floor Room 311, City Hall Annex, 120 Washington Street
Members Present: Chairperson Kevin Cornacchio, Keith Glidden, David Pabich, David Summer
Members Absent: Michael Blier, Joseph Furnari, Amy Hamilton
Others Present: Frank Taormina
Recorder: Andrea Bray
Chairperson Cornacchio calls the meeting to order.
1. Meeting Minutes: May 14 and June 14 Meetings
The members review the minutes from the May 14 meeting and Cornacchio suggests an amendment.
Pabich: Motion to accept the amended minutes from the May 14 meeting, seconded by Summer. (Passes 4-0)
The members review the minutes from the June 14 meeting and Cornacchio suggests two amendments.
Pabich: Motion to accept the amended minutes from the June 14 meeting, seconded by Glidden. (Passes 4-0)
2. 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 coastal bank and land under the ocean at 26 Hardy Street.
Cornacchio states that there was a site visit on April 26 and an enforcement order to cease and desists was issued. He adds that the Commission needs to discuss the fine.
Glidden suggests a fine of $50.
Cornacchio states that there was no impact.
Glidden agrees with Cornacchio but states that the Commission should be firm on the issue of people who do not advise the Commission of the actions that they will take.
Pabich agrees with the fine of $50. He adds that the applicant has been very cooperative and the standard $200 would be excessive in this case.
Connelly states that he has a license for the wall from 1978, but he does not have a Chapter 91 license. He adds that he has a DEP number.
Glidden suggests that Connelly check to see if he needs a Chapter 91 license.
Pabich agrees with Glidden and states that the structure and the wall would need a license.
Glidden states that this is not the concern of the Commission but Connelly should check into this to be sure that he is in compliance with the state regulations.
Cornacchio opens to the public. There are no comments or questions.
Pabich: Motion to close the public hearing, seconded by Glidden. (Passes 4-0)
Pabich: Motion to issue an order of condition with a special condition that the applicant complies with the Chapter 91 license, seconded by Glidden. (Passes 4-0)
Glidden: Motion to reduce the $200 fine to $50 payable in 60 days, seconded by Summer. (Passes 4-0)
3. 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 14 Buena Vista Ave (West).
Cornacchio states that there was a site visit on June 8 and there was a concern on the slope and the nature of the fill material.
Sideridis distributes plans and explains that the slope has been modified from a 2/1 slope to a 1/1 slope. He asks the Commission for other options for this slope such as 1/1.5.
The members study the plans.
Glidden states that it should not be a problem to allow a 2/1 slope.
Pabich agrees that he could have a 2/1 slope on the northwestern side of the lot and have a more gradual slope in the other parts of the lot.
Glidden states that the plans must be changed to reflect the new plans for the slope. He modifies the plan to reflect the revised slope and gives it to Sideridis.
Pabich states that he should remove all of the trash and construction debris and fallen trees and Sideridis agrees to this.
Cornacchio opens to the public. There are no questions or comments.
Pabich: Motion to close the public hearing, seconded by Summer. (Passes 4-0)
Pabich: Motion to issue an Order of Conditions subject to the presentation of a plan with a 2/1 slope tapering to allow for the deck, and the removal of the contaminated fill, seconded by Summer. (Passes 4-0)
4. Continuation of a Public Hearing – Notice of Intent – DEP #64-462, 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.
William Kelly of Kelly Green Resources in Marblehead states that a site visit was held today at 5:00 PM.
Cornacchio states that they discussed the transition from the end of the pier to the land and determined that a small hand-dug 4 X 10 foot concrete footing will form the landing.
Engineer Dan Lynch of Marblehead states that the footing will sit 20 feet back from mean high water point (about 6-7 feet up on the grass) and the last piece of pre-cast will lie on the footing.
Cornacchio suggests that he receive permission from the City to work from the barge. He adds that getting the concrete to that location would be difficult.
Pabich agrees and states that he would like to see the plan for the concrete delivery to be in writing.
Cornacchio confirms that they will use 14 steel piles driven from the barge.
Cornacchio confirms that this pier will be used exclusively for recreational purposes and there will be no commercial activities on this site.
Lynch states that if they hit ledge they will still be secure and those piles which hit ledge will be barring piles.
Pabich and Lynch and Lutts discuss the exact location of the footing.
Cornacchio asks if the piles can be reached from the crane on the barge.
Lynch states that if this is not possible they will come back to the Commission.
Cornacchio says that he would like to hear back from Craig Burnham (landowners cousin and contractor for the project) on how he intends to do this. Cornacchio suggests that they specify recreational use only in the Order of Conditions.
The members agree to require a written procedure for transport of concrete for filling the piles prior to the pre-construction meeting.
Cornacchio opens to the public. There are no questions or comments.
Glidden suggests using a special condition to provide a detailed plan for the footing and show the footing relative to the edge of the grass.
Pabich: Motion to close the public hearing. Seconded by Summer. (Passes 4-0)
Glidden: Motion to issue an Order of Conditions with special conditions for the applicant to provide a detailed plan for the footing and delivery of concrete to the site, and that this site will be used for recreational purposes only, seconded by Summer. (Passes 4-0)
5. Public Hearing – Notice of Intent – DEP #64-460, Manuel Silva 121 Green Lane, Middletown, RI 02842
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the rebuilding of a camp residence, storage shed, and elevated walkway located within the buffer zone to Coastal Bank on Tinkers Island.
Cornacchio reads a letter into the record requesting a continuance until the September 27 meeting from the applicant’s attorney
Glidden: Motion to continue this hearing until September 27, seconded by Summer. (Passes 4-0)
6. Public Hearing – Request for Determination of Applicability – Dominion Energy Salem Harbor, LLC. 24 Fort Ave. Salem, MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss removal of a former above ground tank and secondary containment well at Dominion Energy located within buffer zone to coastal bank at 24 Fort Avenue.
Cornacchio states that he will recuse himself from this application so the Commission lacks a quorum and therefore the issue will be continued until July 12.
7. Public Hearing – Notice of Intent – DEP #64-461, NL Industries, Inc. 3 Lincoln Centre, Suite 1700, 5430 LBJ Freeway, Dallas, TX 75240-2697
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the remediation of lead contaminated soil, sediment, and natural resource areas (including bordering land subject to flooding, riverfront area, land under the ocean, coastal beach, salt marsh, and land subject to coastal storm flowage) at 485 Lafayette Street (former Chadwick Lead Mill).
Cornacchio places two letters into the file (from Anderson and Kreiger, LLP and from McRoberts, Roberts & Rainer LLP). The members read the letters.
Frank Taormina explains that this applies to a portion of land owned by the City of Marblehead which is within the Salem city limits.
Daniel Garson SVP Woodard and Curran representing NL Industries explains that they have been working on the site since 2000. He describes the parcel lines and says that Marblehead has requested additional clean up in a portion of the bike trail, and NL Industries reps believe there is no need for clean-up in the Salem portion of the bike trail. He adds that there is no disturbance in the resource area and they will clean up the beach/salt marsh area in Salem which is lead-contaminated and the Glover Estates in Marblehead.
Much discussion ensues about the actual boundaries and the plans for clean-up.
Garson states that this is a hazardous waste clean-up site and a 40B development will go in this area after the clean-up. He adds that they must start work on October 1, 2007.
Pabich states that he would like this issue to have a peer review.
Glidden agrees and adds that this Commission might look at the state and MEPA approvals and that might be enough to grant an approval.
Garson states that they have their comments which were submitted to MEPA. He adds that a Method 3 Risk Characterization has been conducted and this analysis showed that there are no hazards to humans or plants.
Taormina asks if there is continuity between what is being developed and what is being cleaned-up.
Garson: Absolutely
Attorney Heather Kennealy representing the Glover estate submits some documents for the record. She states that she is here to ask that this issue not be closed tonight because there is much material which needs to be evaluated. She adds there has not yet been any agreement as to the limited use for this property.
Glidden: Motion to continue this public hearing until July 12, seconded by Pabich. (Passes 4-0)
8. Public Hearing – Request for Determination of Applicability – Ross Pecevich 15 Daniels Street, Salem, MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the repair to an existing seawall within a coastal bank at 9 Winter Island Road.
Scott Patrowicz who represents the applicant provides copies of the Chapter 91 license and explains that the applicant’s mother, Ann Pecevich, is 92 years old and lives on this property, and her wall broke during back-to-back storms in May 2007. He adds that there are remnants of a pier built over 100 years ago and in 1995 the pier was still there but nothing has been maintained. Patrowicz states that after the storm Mr. Pecevich began repairing and then was told to stop. He displays a plan made by Michael Kehn. He describes the area which was disturbed by the storm stating that the wall blew out and now the top of the coastal bank is further back behind the sea wall, and there is a lot of debris between the mean high water mark and the wall. He says that now the applicant wishes to place a concrete
wall behind the original wall and tie it to the original wall. He explains that the applicant has cleaned up much of the debris left by the storms.
Members discuss how the storm could have washed out that material behind the wall.
Patrowicz requests a site visit.
Cornacchio states that they have a site visit on Saturday, June 30, at the DiBiasi property which should last about two hours.
Taormina asks if they can do this site visit at 7:30 AM and the members agree. Taormina states that Duques will not be back from her vacation.
Cornacchio opens to the public. There are no comments or questions.
Pabich: Motion to continue this until July 12, with a site visit on Saturday, June 30, seconded by Glidden. (Passes 4-0)
Old/New Business
9. Notice of Project Change – DEP #64-450, 6 Dearborn Lane
Taormina explains that this project involves the addition of a 10 X 10 foot deck attached to the retaining wall and stairs leading to an approved dock and associated gangway float.
Samuel Papalardo explains that the original plans had stairs coming off of the wall and now he will have a deck coming off first and then the stairs will be attached to the deck and the float will be pushed out 9 feet.
Pabich says that it doesn’t seem like a significant change.
Cornacchio states that he has no problem with this change.
Taormina asks if these changes has been submitted to the DEP and Chapter 91
Samuel Papalardo says they have not been submitted yet because they are waiting for approval from the Commission.
Cornacchio opens to the public. There are not comments or questions.
Pabich: Motion to grant the project change, seconded by Glidden. (Passes 4-0)
10. Signage
Pabich says that the right-of-way off of Winter Island Road has no sign posted.
Taormina states that the sign manufacturer has not completed the sign yet. He agrees to look into this or tell Duques about it.
11. Digging on Jeggle Island
Pabich mentions that some kids have dug a hole about 12 feet wide on Jeggle Island, conservation land, located in the southeastern portion of Salem Harbor. He adds that the Harbormaster stopped them. He says that the police should get the names of the kids.
Cornacchio asks if one of the Salem detectives could check out this.
Glidden states that the Conservation Agent should write a letter to the police stating that this needs to be investigated and repaired.
Taormina makes note of this for Duques.
Pabich agrees to be the contact person for the police.
Pabich: Motion to adjourn, seconded by Glidden. (Passes 4-0)
The meeting is adjourned at 8:39 PM.
| 
