Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, July 12, 2007, 6:00 p.m.
Meeting Location: Third Floor Conference Room, 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: June 28, 2007 Meeting
Summer: Motion to approve the minutes of the June 28, 2007 meeting, seconded by Glidden. (Passes 4-0) Blier and Hamilton did not vote because they were not present for the June 28 meeting.
2. Continuation of a 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.
Engineer Jim MacDowell of Eastern Land Survey Associates displays the plans and describes the boundaries and the set backs.
Cornacchio opens to the public. There are no questions or comments.
Pabich: Motion to close the public hearing, seconded by Hamilton. (Passes 6-0)
Duques reads the criteria for both -2 and -3 Determination.
Pabich: Motion to issue a -3 Determination, seconded by Blier. (Passes 6-0)
Cornacchio states that a condition will be to place a DEP sign up on each lot.
3. Continuation of a Public Hearing – Notice of Intent – DEP #64-454, 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 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.
MacDowell describes the boundaries and work setbacks.
Cornacchio confirms that the wall will be a boulder dry wall.
MacDowell states that all of the fences will be placed at the top of these walls.
Property owner Paul DiBiase says that the fences will be made of wood.
MacDowell shows where the wall will end and states that it will taper down to the ground.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 6-0)
Hamilton: Motion to issue an Order of Conditions with a special condition that the applicant will provide a water quality report compliant with DEP standards, seconded by Pabich. (Passes 6-0)
4. Continuation of a Public Hearing – Notice of Intent – DEP #64-453, 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 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.
MacDowell describes the boundaries stating that virtually all of Lot 15 is in the buffer zone. He points out the location of the wall and the setbacks and states that the utilities will come in from the front of the lot. He adds that a wooden fence will top the wall. He points out the location of the pathway. He states that the walls are rubble walls.
DiBiase states that they will drill and pin the wooden fence into the wall or the fence will go into the ground in front of the wall. He adds that UTS Engineering Company will be inspecting all of these walls.
MacDowell states that the front yard will sheet flow toward the street and the back yard will sheet flow toward the wall.
Blier asks what would happen if a resident wishes to change the lot in a way that will increase the impervious surface area.
Cornacchio states that it would be an entirely new application.
Pabich suggests that DiBiase advise the home buyers that the property is in the buffer zone.
DiBiase explains that the association documents restrict the residents from changing their property unless it is approved by the association. He adds that this is in the master deed for the association.
Pabich again emphasizes that this issue be disclosed to prospective home buyers.
DiBiase asks Duques if she can prepare a general advisory notice for all of the lots and Duques agrees.
Pabich states that this advisory should be lot-specific.
DiBiase agrees to advise prospective buyers that they will be subject to wetland restriction legislation if they wish to make changes to the land.
Pabich asks that the owner also disclose to prospective buyers that their lot is limited by a community storm water management system.
DiBiase agrees and asks Duques to add this to the general advisory of restrictions.
Glidden suggests that this advisory state that all activities are controlled by 1. the home owners association, 2. the wetlands protection act regulations, and 3. the stormwater system restriction. He adds that a plan for the stormwater system could be on file with the homeowners association regulations.
Cornacchio opens to the public. There are no questions or comments.
Pabich: Motion to close the public hearing, seconded by Glidden. (Passes 6-0)
Pabich: Motion to issue an Order of Conditions with the above noted special disclosure conditions, seconded by Glidden. (Passes 6-0)
5. Continuation of a Public Hearing – Notice of Intent – DEP #64-451, 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 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.
MacDowell describes the boundaries stating that a majority of the property would be in the buffer zone. He describes the set backs and the location of the wall. He states that there is a roof-water recharge area in the back which will receive the roof runoff. He shows the plans for the water recharge system and describes the construction.
Cornacchio states that there was a site visit on June 30.
Glidden states that the wetland has a lot of old debris in it but most of it is covered up and he didn’t see any critical issues in this area. He adds that it is mostly scrub brush.
Cornacchio opens to the public. There are no questions or comments.
Glidden asks if the walls are on the boundaries.
MacDowell state that all of the walls will be constructed entirely on the lot lines.
Glidden asks how many trees will be taken down for the construction of the wall.
DiBiase states that they might just need 4-5 feet of clearance but he hasn’t seen substantial trees there because it is mostly ledge.
Glidden asks if there could be a monitor to ensure the continuation of the canopy over the wetlands.
Pabich states that he would like to see some additional plantings to make up for any trees which will be removed.
Much discussion ensues about the trees in the area and the parties agree to have new trees replanted as deemed necessary by the conservation agent.
Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 6-0)
Glidden: Motion to issue an Order of Conditions with the above noted conditions, seconded by Pabich. (Passes 6-0)
6. Continuation of a Public Hearing – Notice of Intent - DEP #64-452, 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 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.
MacDowell describes the boundaries and setbacks and the dimensions for the wall and states that the roof recharge will be in the back.
Pabich asks about the measures taken to prevent scouring of the wall.
DiBiase states that there will be crushed stone in front of the wall which will allow the wall to drain through. He adds that there will be loam on top of the crushed stone.
Pabich suggests using 2-foot wide filter fabric along the top edge of the wall to prevent the loam from washing through and DiBiase agrees to this.
Cornacchio suggests adding this to the conditions and the members agree.
Cornacchio opens to the public. There are no questions or comments.
Pabich: Motion to close the public hearing, seconded by Hamilton. (Passes 6-0)
Pabich: Motion to issue an Order of Conditions with all of the above noted conditions, seconded by Glidden. (Passes 6-0)
7. Continuation of a 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
8. Continuation of a Public Hearing – Request for Determination of Applicability - Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. 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 Amanda Way off of Marlborough Road.
and
9. Continuation of a Public Hearing – Request for Determination of Applicability - Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. 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.
and
10. Continuation of a 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
11. Continuation of a 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
12. Continuation of a 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
13. Continuation of a Public Hearing – Notice of Intend – 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 the above public hearings at once.
MacDowell requests a continuance and a site visit.
The members agree to the site visit on Monday, July 23, at 6:00 p.m.
Pabich: Motion to continue all of the above public hearings until July 26 with a site visit on July 23, seconded by Hamilton. (Passes 6-0)
14. Continuation of a 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.
Duques states that Blier and Hamilton were not present for the previous meeting but have listened to the tape of the hearing and signed affidavits of understanding which qualifies them to vote on this issue.
Engineer Scott Patrowicz states that there was a site visit and describes what was observed during the site visit. He states that most of the debris has been cleaned up since the site visit and the owner is ready to continue the repair of the wall.
Glidden states that he likes the idea of anchoring the original wall to the new wall.
Patrowicz states that the height of the wall is less than 4 feet. He adds that Michael Kehn is the contractor.
Pabich asks if this needs to be built by an engineer.
Duques states that it would depend on the wall height and amount of fill the wall is holding back.
Pabich asks Patrowicz if he will stamp that plan.
Patrowicz states that he is not a structural engineer so he doesn’t feel comfortable stamping these plans because he didn’t create them.
Much discussion ensues about the structural integrity of the design and members request reassurance that this wall will survive a storm.
Duques asks if the members would like an RDA or an NOI for this project.
The members agree to require a letter confirming that this structure will be sound prior to the construction.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 6-0)
Pabich: Motion to issue a -3 Determination seconded by Glidden. (Passes 6-0)
15. Public Hearing – Request for Determination of Applicability – Dominion Energy Salem Harbor, LLC., 24 Fort Ave., Salem, MA 01970.
Cornacchio recuses himself from this hearing and turns the meeting over to David Pabich.
Pabich 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 wall at Dominion Energy located within buffer zone of coastal bank at 24 Fort Avenue.
Meredith Simas states that this application is for a containment wall, not a well. She adds that a #2 fuel diesel tank will be removed. She describes the process stating that there will be very little soil disturbed but the soil under the tank will be studied to ensure that there is no contamination and then the hole will be filled. She adds that the tank has been empty and clean for a number of years.
Cornacchio explains that an excavator with a big scissor-like tool will cut the tank and remove it.
Duques requests correspondence from an LSP and if any contamination is discovered an NOI will be required.
Simas states that hay bales will be installed.
Glidden suggests covering the hole until it can be filled.
Duques asks if they can create a sluice-way.
Simas states that they do not anticipate any contamination because there has been monitoring around that area for many years.
Duques asks if the commission would like a silt fence and the members state that hay bales should be sufficient.
Glidden states that he is comfortable with this because this site has equipment and personnel that can handle any dangerous situation.
Pabich opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Summer. Cornacchio recuses himself. (Passes 5-0)
Glidden: Motion to issue a -3 Determination of Applicability, seconded by Summer. Cornacchio recuses himself. (Passes 5-0)
16. Public Hearing – Request for Determination of Applicability - KeySpan Energy, 175 East Old Country Road, Hicksville, NY 11801.
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the installation of a fence located within buffer zone to a coastal bank and land subject to coastal storm flowage, at 20 Pierce Avenue.
Saskia Oosting from GEI states that double fencing will be installed around the natural gas storage facility to comply with homeland security requirements. She describes the plans for the fencing installation stating that there is currently a single fence and an additional 8 foot fence will be placed on the property.
Duques asks about the liner.
Oosting states that it is a clay liner with a 20 mil thickness which would be cut and folded out and filled with concrete around the new posts. There is much discussion about the proper precautions necessary for the liner and Oosting offers to present a letter describing the procedure for the installation of any new posts installed within the perimeter the liner.
Blier asks about the location of the gate along the new wall.
Oosting points out the gates on the plan.
Blier asks if there will be any material change for the gates.
Oosting says that a shallow trench will be dug for the installation of the gates.
Cornacchio opens to the public. There are no questions or comments.
Glidden states that a site visit will not be necessary because the members have seen the site.
Cornacchio agrees and states that a -3 Determination should be specified.
Pabich: Motion to close the public hearing, seconded by Summer. (Passes 6-0)
Glidden: Motion to issue a -3 Determination with the conditions that 1) there be confirmation that the designer was consulted and confirms that the installation of the fence will not compromise the liner and 2) if the liner has to be penetrated that the liner will be repaired per the design specifications, seconded by Pabich. (Passes 6-0)
17. Public Hearing – Notice of Intent – Stephen Lovely, 14 Story 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 driveway, utilities and addition to an existing single family house located within the 100-foot buffer zone at 3 Parallel Street.
Property owner Attorney Stephen Lovely of 14 Story Street says he is presenting the plans in the engineer’s (Jim MacDowell) absence. He describes the plan, stating that there will be a gravel driveway going to the back of the lot and the existing shed will be removed. He adds that hay bales and a silt fence will be on site. He says that this will be a two-family home.
Blier asks if a pathway running from the driveway to the back door will be installed.
Lovely says there might be a small stone pathway.
Blier states that there is not turn-out in the driveway so the cars will be backing over the grass.
Lovely states that he will look into that.
Cornacchio suggests scheduling a site visit.
Pabich asks if the parking could be bumped out to the side so that it won’t need to go too far back.
Lovely states that he could try to slide it forward.
Pabich asks him to research and redefine the parking area.
Cornacchio opens to the public.
David Ayers of 7 Parallel street states that the proposed parking area was under 2.5 feet of water during the last flood and his garage had almost one foot of water. He adds that this doesn’t happen often but when it does happen it is frightening. Ayers states that water always comes into the yards, even in minor storms.
Lovely states that he appreciates Ayers’ comments.
The members agree to a site visit on Monday, July 23, at 5:00 p.m.
Pabich: Motion to continue the public hearing until July 26 with a site visit on July 23, seconded by Glidden. (Passes 6-0)
18. Continuation of a 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 resources 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 (site of the former Chadwick Lead Mill).
Cornacchio states that Blier and Hamilton were not present for the previous meeting but they listened to the recording of the meeting and signed an affidavit of understanding which qualifies them to vote on the application.
Daniel Garson of Woodard & Curran explains that the Marblehead portion of the bike trail will not be cleaned up because the City of Marblehead denied their application. He describes the exact site to be cleaned and treated.
Cornacchio asks if the slurry method of remediation has worked in the past.
Garson states that it has worked before. He describes the application and oversight process with various local, state and federal authorities. He states that this must be completed by June 2009.
Cornacchio confirms that the bike trail in Marblehead will not be cleaned because Marblehead has not given them permission.
Much discussion ensues about the Marblehead property.
Garson describes the results of testing for exposure risks, stating that there were no risks found.
Duques asks for a copy of the study and Garson agrees to provide this.
Cornacchio confirms that there will be additional testing after the remediation. He asks about the sea boom.
Charlotte Cogswell, Engineer for CR Environmental, states that it is a sea curtain attached to a float.
Garson states that this project will take about 2 months following all of the approvals.
Michael Battistelli, Project Manager for Woodard & Curran, explains that they will work in 20-foot strips to prohibit any contaminants from washing back to the clean area.
Cogswell describes the process of excavation and regarding of the salt marsh. She explains that they are creating an artificial substrate mimicking the data they collected. She displays the diagram of the replanting which will occur after the cleaning. She shows another diagram of the erosion control mat and the plantings for the Marblehead sides.
Duques asks if the mat will be removed.
Cogswell states that it will not be removed because it will anchor itself and become part of the bank to prevent erosion.
Battistelli states that they will use field equipment which can be placed on the ground and can instantly detect lead (within about 2 minutes). He adds that if, prior to project completion, a storm disturbs a strip that has already been cleaned they may have to return to that strip to clean it again. He says that the Salem portion clean up will probably be completed in one tide cycle. He adds that after cleaning they will test soil samples before back filling, which means that the area will be bare for about 1 or 2 weeks.
Pabich asks about the siltation curtain.
Cogswell states that it is on a floating boom. She states that it probably will not function during significant ice events, but they may be finished before any significant ice event.
Pabich asks about the cost and Garson states that the cost is significant but they have no estimated costs.
Battistelli describes the clean up operation.
Attorney Mark Roberts, representing the Glover Estate, states that the riverfront area is being covered under Chapter 91.
Duques asks why the highly contaminated soil will not be removed.
Garson states that it is because it is being treated in-situ.
Pabich asks about the process for cleaning the trucks. He asks what will happen to the water that washes off the trucks.
Cornacchio opens to the public.
Mark Roberts representing the Glover Estate states that they haven’t worked out an access agreement because some prior cleaning did not meet all of the standards. He encourages the Commission to have a consultant look into this prior to any decision.
Robert Kalis of 84 Robert Road, Marblehead speaks in favor of this project.
Garson responds to Roberts’ comments stating that providing the information to the public is the critical issue. He states that they have had a PIP (Public Information Process) in place for 5 years. He adds that all of the issues raised by Roberts will be addressed.
Cornacchio states that he is pleased that the DEP is an overseeing body on this project.
Roberts states that some of the resources that are being affected by this project are Salem’s resources. He states that they should not fall back on DEP for oversight.
The members agree on a site visit on Saturday, July 21, at 11:00 a.m.
Cornacchio reads a letter into the record from Ted Tobin in which he expresses his concerns about the project.
Glidden: Motion to continue this public hearing until July 26 with a site visit on July 21, seconded by Pabich. (Passes 6-0)
Old/New Business
19. Request for Certificate of Compliance DEP #64-413, 18 Thorndike Street.
Duques does not recommend issuing a Certificate of Compliance because the silt fence is still up. She adds that everything else is ready to go.
20. Jeggle Island
Duques states that she sent a letter about Jeggle Island today.
21. Public Access Signs
Duques states that the company that makes the public access signs has delayed her order and she wishes to use signs similar to those used in Beverly. The members agree that Duques can order the new signs.
Glidden: Motion to adjourn, seconded by Pabich. (Passes 6-0)
The meeting is adjourned at 10:40 p.m.
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