Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, July 26, 2007, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chairperson Kevin Cornacchio, Amy Hamilton, David Pabich, David Summer
Members Absent: Michael Blier, Joseph Furnari, Keith Glidden
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Chairperson Cornacchio calls the meeting to order.
1. Approval of Meeting Minutes: July 12 Meeting
The members review the minutes from the July 12 meeting.
Pabich: Motion to approve the minutes from the July 12 meeting, seconded by Summer. (Passes 4-0)
2. Public Hearing: Notice of Intent – 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 development of an approximately 10 foot wide, 1,000 foot long pedestrian walkway, landscaping, and seawall installation and repairs, adjacent to and within the South River.
Susan St. Pierre from Vine Associates, representing the City of Salem, presents the graphic images of the proposed harbor walkway and describes the plans. She states that it would be a 10 foot clear concrete walkway along the edge of the South River. She adds that the walkway will cantilever over the river near the Mass Electric Property.
Frank Taormina representing the City of Salem states that there will be a park next to the Mass Electric Property which will have some screening but there will not be screening along the walkway.
St. Pierre shows the plan for the ramp up to the Congress Street Bridge and describes the method of construction. She states that it has been designed by a structural engineer.
Pabich expresses concern about the structural integrity of the bridge and St. Pierre states that she will look into that and get back to him.
St. Pierre states that the stormwater on the walkway will sheet flow toward the river.
Pabich expresses concern about the proper drainage for the walkway and suggests putting more attention into the direction of flowage.
Taormina states that the Seaport Council will fund this project with the City local match.
St. Pierre states that all of the work will be done from the land.
Duques asks about the minor sea wall repairs.
St. Pierre states that there are some stones that have fallen out of the sea wall and those will be replaced.
Cornacchio asks about the sheet pile wall.
St. Pierre states that the existing wall and the new wall will be tied together and the area between the two will be filled with gravel.
Cornacchio opens up the meeting to the public. There are no questions or comments.
The members agree to have a site visit on September 13 at 5:00 p.m.
Summer: Motion to continue this public hearing until September 13 with a site visit prior to the meeting, seconded by Pabich. (Passes 4-0)
3. Emergency Certification: City of Salem, 120 Washington Street, Salem, MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to request an emergency certification for the immediate repair of a 36 inch water main located on the banks of the North River.
City Engineer David Knowlton presents the plans for the work to be done. He states that they intend to repair a 36 inch water main at the North River. He adds that a crew did some work during the past week to repair the bridge. He says the they will excavate down to the 36 inch main and shut it down, then do the repairs, then open it again, then backfill. He says that it is a 30 foot wide barge from North Shore Marine which will have a crane with a clam shell bucket and a small excavator on it.
Cornacchio states that there must be spill kits on the barge.
Cornacchio opens to the public. There are no questions or comments.
Cornacchio confirms that Duques will be observing the work.
Duques states that the Commission can set conditions on this Emergency Certificate and the work must be completed within 30 days.
Hamilton asks how the equipment will be fueled.
Cornacchio suggests setting a condition that the equipment have full fuel tanks prior to being placed on the barge.
Pabich: Motion to close this public hearing, seconded by Summer. (Passes 4-0)
Summer: Motion to issue an emergency certificate with the above noted condition, seconded by Hamilton. (Passes 4-0)
4. 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 construction of a boulder wall, grading and landscaping in the buffer zone of BVW on Lot 19 Amanda Way off of Marlborough Road.
Engineer Jim MacDowell with Eastern Land Survey Associates describes the lot stating that the buffer zone is in the northwest corner, with a maximum wall height of 8.5 feet. He describes the work set backs and the roof recharge location. He describes the vegetation as brushy.
Duques describes the language which will be included in the deed and the association documents. She reads the suggested language.
Much discussion ensues about the language in the association documents.
Owner DiBiase agrees to amend the documents as each lot issues and NOI.
Duques states that the wall must have a building permit.
Cornacchio opens to the public. There are no questions or comments.
The members agree to use a -3 on this lot.
Pabich: Motion to issue a -3 Determination with the special condition that they include the specified language in the condominium association documents, seconded by Hamilton. (Passes 4-0)
5. 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 39 Amanda Way off of Marlborough Road.
MacDowell describes the lot and states that there is no wall construction but there will be some re-grading 78 feet from the resource area. He adds that they do not propose roof recharge. He points out an oak tree on the property stating that they intend to keep the tree in place.
Duques asks about the line of work being delineated.
MacDowell states that the silt fence will be the line of work.
Duques asks if there could be orange snow fencing around the tree.
MacDowell agrees to this and states that this can be a condition for the RDA.
Pabich states that there is a wall between Lot 38 and 39.
Cornacchio opens to the public.
Summer: Motion to close the public hearing, seconded by Hamilton. (Passes 4-0)
Summer: Motion to issue a -3 Determination with the above noted conditions, seconded by Hamilton. (Passes 4-0)
6. Continuation of a Public Hearing: Notice of Intent – DEP #64-455 - 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 retaining wall, landscaping and grading in the buffer zone of BVW on lot 38 Amanda Way off of Marlborough Road.
MacDowell describes the lot and roof recharge. He states that there is a 6 inch oak which they can save. He agrees to place construction fencing around the tree to protect it during the construction.
Duques states that there should be a ratio of 3 trees (3.5 inches in caliper) for each one foot of tree caliper removed.
Owner DiBiase requests that the Commission allow him to replace the trees with 2.5 inch caliper trees and the members agree to permit this. He requests that there be a 2/1 ratio instead of 3/1. He asks why they are considering a tree that is outside the buffer.
Cornacchio states that there is a canopy concern.
Pabich states that they can issue the 2/1 condition for just this lot in the interest of moving forward. He adds that he would like to hear Michael Blier weigh in on this issue.
The members agree with Pabich on the 2/1 ratio for this lot only.
Cornacchio opens to the public.
Pabich: Motion to close the public hearing, seconded by Summer. (Passes 4-0)
Duques confirms the condition for the replacement of trees at a 2/1 ratio so there will be two 2.5 inch caliper trees for each 1 foot of caliper trees removed.
Pabich: Motion to issue an order of conditions with the above noted conditions, seconded by Summer. (Passes 4-0)
7. Continuation of a Public Hearing: Notice of Intent – DEP #64-456 - 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, retaining wall, driveway, landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road.
MacDowell states that this lot is completely in the buffer zone and will be clear cut. He points out the retaining wall. He describes the location of the house and the wetland. He suggests handling the trees on a lot by lot basis which can be determined at the pre-construction meeting.
Cornacchio agrees to have a tree inventory at the pre-construction meeting.
Pabich asks if new trees can be placed on the surface over the pump station.
MacDowell states that it will be possible.
Duques mentions the 401 water quality certificate.
DiBiase states that they are in the final stages of concluding that statement.
Pabich requests language which protects the replication trees in a landscaped area.
Duques agrees to use this language in the association documents.
MacDowell describes the wall which will begin at existing grade and rise up to about 4 feet and end at ground level.
Cornacchio asks about building the boulder wall at an angle.
Duques states that it will not follow the property line but will be built at an angle to prevent erosion.
Pabich suggests shifting the wall slightly to avoid concentrated flow at the base of the wetland.
MacDowell states that he must look at that more closely in the field.
DiBiase agrees to clip the corner of the wall on the south corner.
Cornacchio opens to the public. There are no questions or comments.
Pabich: Motion to close the public hearing, seconded by Summer. (Passes 4-0)
Duques recaps the special conditions which include:
1. The corner of the wall will be clipped to avoid concentrated flow at the base of the wetland.
2. Trees will be placed over the surface of the pump station.
3. A tree inventory will be taken at the pre construction meeting.
4. The condominium association documents will contain language to protect the replication trees in the landscaped areas.
Pabich: Motion to issue an Order of Conditions with the above noted conditions, seconded by Summer. (Passes 4-0)
Pabich states that the resource area markers will be carried over on all of these lots.
8. Continuation of a Public Hearing: Notice of Intent – DEP #64-457 - 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, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 18 Amanda Way off of Marlborough Road.
MacDowell describes the lot stating that less than 50 percent is in the buffer zone. He states that there will be a roof recharge, and describes the setbacks. He describes the vegetation as brushy.
Duques suggests replanting on the other side of the property line to prevent homeowners from cutting them down.
Cornacchio asks Duques to remind Blier that we need further information from him about the replacement plan.
Cornacchio opens to the public. There are no questions or comments.
Summer: Motion to close the public hearing, seconded by Pabich. (Passes 4-0)
Summer: Motion to issue and Order of Condition with the specified conditions consistent with all of the other lots, seconded by Pabich. (Passes 4-0)
9. Continuation of a Public Hearing: Notice of Intent – DEP #64-458 - 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, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 17 Amanda off of Marlborough Road.
MacDowell describes the lot, the wall, the setbacks and the roof recharge area.
Duques reviews her notes on the loss of trees.
Cornacchio opens to the public. There are no questions or comments.
Pabich asks about the swale.
MacDowell states that it will flatten out as it goes across the back.
Pabich asks about the detail at the top of the wall.
DiBiase states that he will use fabric and crushed gravel.
Pabich: Motion to close the public hearing, seconded by Hamilton. (Passes 4-0)
Summer: Motion to issue an Order of Conditions with the same conditions as the above lots, seconded by Hamilton. (Passes 4-0)
10. Continuation of a Public Hearing: Notice of Intent – DEP #64-459 - 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, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 16 Amanda Way off of Marlborough Road.
MacDowell describes the lot, the set backs, and the recharge area. He adds that there is at least one tree to pay attention to. He states that the wall will be decreased to the grade.
Summer: Motion to close the pubic hearing, seconded by Hamilton. (Passes 4-0)
Summer: Motion to issue an Order of Conditions with the same conditions as the above lots, seconded by Hamilton. (Passes 4-0)
Duques states that the next step for Osborne Hills would be to attain a Partial Certificate of Compliance.
11. Continuation of a Public Hearing: Notice of Intent – DEP #64-465 – 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 driveway, utilities and addition to an existing single family house at 3 Parallel Street, located within the 100-foot buffer zone.
Attorney and owner Stephen Lovely states that he has removed the parking from the rear and two crabapple trees will come down. He states that they will not place the deck on the existing dwelling. He adds that he will remove the hot-top that is there and replace it with crushed stone.
Cornacchio states that they want some swale there to catch all debris and prevent it from going into the wetlands.
Pabich states that there was once a sewer manhole that had holes in it to act as a catch basin.
Lovely says that he doesn’t know anything about that. He adds that he is talking to the neighbors and planting trees along the border. He states that the shed will be removed and the area will be planted with grass.
Pabich states that there should be compensatory flood storage on large subdivisions, but it would not apply to this property. He adds that he would like Lovely to be aware of this.
Cornacchio states that the other property owned by Lovely will have a Certificate of Compliance issued tonight, so it is OK to issue the NOI on this property.
Cornacchio opens to the public. There are no questions or comments.
Pabich: Motion to close this public hearing, seconded by Hamilton. (Passes 4-0)
Pabich: Motion to issue an Order of Conditions provided that the proposed deck will be removed from the plans, and the hot-top will be removed and replaced with crushed stone, and grass will be planted in the area where the shed is removed, seconded by Summer. (Passes 4-0)
12. 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 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)
Daniel Garson of Woodard and Curren distributes a document containing comments and question for people at the last meeting. The members review the document. Garson states that these comments covered 2 areas which are MCP issues and not in the interest of the Commission. He adds that this is controlled so that there can not be any residential use on this property.
Cornacchio states that he is satisfied with that.
Garson goes on to summarize the list of comments. He reviews the clean up process on the beach. He describes the access route and the truck decontamination area.
Pabich requests a coffer dam be installed to isolate the area on the harbor side.
Garson states that the work will only be done at low tide and the equipment on the harbor side will be smaller to that used on the ocean side. He suggests using a seed mix after the project is complete.
Pabich requests that there be a restoration plan for the harbor area. He request an inventory be taken prior to the work. He expresses concern about the wall.
Garson states that he cannot design for the calamity, only for a normal procedure and what would typically occur. He adds that they can attempt to install a boom.
Pabich states that he would like sheet piles.
Garson states that the impact would be substantial to that area and he would not get approval from the corps for that.
Pabich expresses discomfort with this project stating that he feels that it hasn’t been examined enough. He states that the turbulent flow that is the pending problem and suggests putting up the tide gates.
Garson agrees to look into that as well as the inventory and the restoration plan. He asks Duques to contact the person that regulates the tide gates. He agrees that the silt curtain would work if the tide gates are up.
Cornacchio states that this is a great solution.
Pabich states that he would also like to see work done in a dryer setting and Garson agrees to look into this. He describes the slurry process.
Cornacchio asks for a copy of the exposure risks study results and Garson agrees to give Duques a copy. Cornacchio asks why Marblehead would not give them permission.
Garson states that Marblehead has asked for cleanup beyond the MCP standards and they wish to go to background. He adds that they have scheduled negotiations.
Pabich asks Garson to describe the vehicle cleaning procedure.
Garson states that the truck-decon area will be entirely enclosed and self-contained and the particles that wash off will be treated on site and safely disposed.
Cornacchio opens to the public.
Attorney David Cetola of Roberts, McRoberts and Rainer, L.L.P., states that the company should hire an LSP and he strongly encourages the Commission to watch this project closely to verify compliance.
Bob Kalis of 84 Robert Road, Marblehead speaks in favor of the project and stresses the urgency to get something done on this contamination issue.
Hamilton expresses concern about the area behind the wall not being compacted.
Pabich agrees with Hamilton and suggests that they do not close this hearing tonight because he would like to see some restoration plans and some clarifications on some other issues which were raised tonight.
Garson states that he would rather let it settle on its own. He adds that they may have to do something but he cannot say at this point exactly what will be done. He agrees to look into this and get back to the Commission.
Pabich expresses a desire for a peer review. He expresses concern about the problems that could happen to the wall. He suggests placing a coffer dam across the mouth of the harbor to allow them to work in the dry.
Garson offers to come back with some responses to the issue which have been raised.
Pabich and Garson discuss the coffer dam at length.
Hamilton recommends having a 3rd party review. They discuss this possibility and Garson expresses his desire to move this along.
Attorney David Cetola states that there is no DEP oversight because they are not approving every stage of the process. He urges the Commission to have a 3rd party peer review.
The members discuss their thoughts on the peer review issue.
Garson suggests that the Commission grant the Order in the resource area and defer the question in the upland pending further information.
Duques states that the Notice of Intent could be adjusted so that the Commission could approve the clean up of the beach.
Garson asks how the Commission funds the peer review.
Pabich states that the applicant pays for it.
Garson states that the will have to take it under advisement because he has not spoken to his client.
Much discussion ensues about the peer review.
All members agree to have a peer review for this project.
Pabich: Motion to continue this hearing until September 27, seconded by Summer. (Passes 4-0)
13. Public Hearing: Notice of Intent – DEP #64-463 – Ann and Paul O’Shea and Douglas and Jean Karam, 15 and 25 Winter Island Road, Salem, MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the rebuilding of a riprap seawall at 15 and 25 Winter Island Road.
Peter Blaisdell of Hayes Engineering displays the plans and distributes photos and describes the project. He states that there is 72 feet of coastal bank. He says that the maximum slope of that wall will be 1/1 but most will be shallower. He says that they would like to stabilize the area into the right-of-way.
Ann O’Shea states that she will keep the original rocks and bring them forward as a breakwater but they will not go any further into Juniper Cove than they are currently.
Summer states that he is in favor of this project if it will stabilize this area.
Blaisdell states that the smaller stones will be used to chink between the larger stones.
Paul O’Shea states that most of those stones will go in back of the larger stones.
Jean Karem asks that they make a site visit to the City’s other right-of-way and to make suggestions to the City as to how they can treat the erosion issue there.
The members agree to a site visit on September 13 at 4:00 p.m.
Blaisdell asks the Commission to close the public hearing tonight.
Cornacchio states that they normally have the site visit first and then they might close down the public hearing at the next meeting.
Pabich states that he as been to the site and he is comfortable with this design.
Cornacchio opens to the public. There are no questions or comments.
Summer: Motion to continue this public hearing until September 13 with a site visit before that meeting, seconded by Hamilton. (Passes 4-0)
14. Public Hearing: Notice of Intent – DEP #64-464 – David Pabich, 8 Harbor View Terrace, Salem, MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss beach nourishment at 8 Harbor View Terrace.
Due to the lack of a quorum Cornacchio continues this hearing until September 13.
15. Public Hearing: Notice of Intent – DEP #64-434 – Town and Country Homes, 532 Lowell Street 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 residential and stormwater management facilities associated with a subdivision off of Clark Avenue.
Cornacchio continues this hearing until September 13.
Old/New Business
16. Notice of Project Change: City of Salem – Installation of sidewalk along west ramp connecting North Street to Bridge Street
Duques states that they will make improvements to the traffic island by installing a sidewalk from the crosswalk to North Street, and adding plantings to the island which will result in a net decrease of 27 square feet of impervious surfaces.
Summer: Motion to approve the project change, seconded by Hamilton. (Passes 4-0)
17. Request for Certificate of Compliance: DEP #64-372 – Stephen Lovely, 14 Story Street for construction of a retaining wall fence and landscaping in the buffer zone to stabilize existing slope.
Duques displays the proposed plan and describes the project and recommends a full certificate of compliance.
Summer: Motion to issue a Certificate of Compliance, seconded by Hamilton. (Passes 4-0)
18. Request for Certificate of Compliance: DEP #64-413 – 18 Thorndike Street, Patrick DeIulis, remediation of parcel.
Duques recommends issuing a full Certificate of Compliance.
Summer: Motion to issue a Certificate of Compliance, seconded by Hamilton. (Passes 4-0)
19. Vote to accept the draft of the Open Space and Recreation Plan.
Duques states that she drafted a letter, signed by Cornacchio, in support of the Open Space and Recreation Plan.
Summer: Motion to Adjourn, seconded by Hamilton. (Passes 4-0)
The meeting is adjourned at 11:00 p.m.
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