Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, September 13, 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, David Pabich
Members Absent: Joseph Furnari, Amy Hamilton, David Summer
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Chairperson Cornacchio calls the meeting to order.
1. Approval of Minutes – July 26 and August 23 Meetings
Pabich: Motion to table the minutes until the September 27 meeting, seconded by Glidden. (Passes 4-0)
2. Continuation of a Public Hearing – Notice of Intent – DEP #64-466 – 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 a harborwalk to extend along the southern banks of the South River. The walkway will be approximately 10 feet wide, 1,000 feet long, with associated landscaping. Proposed work along with seawall repairs will occur adjacent to and within the South River.
Susan St. Pierre from Vine Associates provides an overview of the project which includes a public landscaped plaza on Derby Street.
Cornacchio asks about the old timber piles.
Engineer David Smith states that they have no plans to remove the timber piles, but they can be cut down to grade.
Cornacchio states that he would like to keep them for the integrity of the wall. He asks if the flag pole will remain.
St. Pierre states that they will try to keep the flag pole in place.
Smith explains the means of securing the sheet piles. He says they don’t need much tie-back, and there will be crushed stone in between.
Pabich asks about the runoff.
Smith states that it slopes toward Peabody Street for most of the walk except at the Congress Street parking lot. He adds that there will be a vegetative berm with a drain pipe inside the berm.
Pabich asks about details for the vegetative berm.
Smith states that there will be a drain pipe every 25 feet along the berm which will catch the water.
Pabich states that he would rather see a perforated pipe running along the length of the berm along the gravel area. He expresses concern about the possibility of the drain pipes being clogged. Smith and St. Pierre agree to this.
Pabich suggest that this be in the Order of Conditions.
Glidden asks if there is a plan for snow management.
Frank Taormina of the Planning Department states that they will probably not plow that area.
Glidden states that he would like a snow management plan to be approved to ensure that the snow will not go into the river.
St. Pierre suggests that the Order of Conditions state that there will be no snow removal. She adds that a snow management plan will be presented as a separate application if they decide to plow the harborwalk.
Glidden asks about a trash management plan.
Taormina states that they might use solar-powered trash compactors.
Glidden states that he would like that in the Order of Conditions.
Cornacchio asks where the existing duct bank is to the sub station.
Smith states that he is not aware of the location but he believes that they are far enough away from it.
Pabich states that he would like language in the Order of Conditions that the walkway be protected from cars, so they can’t run into the walkway from the parking lot. He asks if there would be any way to pin down the granite blocks so they can’t be pushed into the walkway supports.
Smith states that it might be possible.
Pabich suggests that they review this for their own safety assurance.
Smith displays the elevated walkway and explains the supports having steel cross-bracing.
Pabich asks where the staging area is.
Smith states that it will be at 15 Peabody Street and near the parking lot on Congress Street.
St. Pierre states that this design will go before the DRB and the Seaport Council.
Taormina adds that they must file a Chapter 91 license and Notice of Intent.
Pabich says he would like them to store machinery outside the buffer zone. He asks about erosion control.
Smith states that they can install erosion control along the berm.
Cornacchio expresses concern about vandalism and states that he would like language in the Order of Conditions that there will be temporary fencing around the staging and storage area.
Duques asks if the contractor will be removing any of the carts and debris that has fallen into the river.
Taormina states that they can require that of the contractor.
Cornacchio opens to the public. There are no questions or comments.
Cornacchio states that Glidden and Blier were not present at the previous meeting but have listened to a recording of the public hearing and have signed affidavits, so they are qualified to vote on this application per the Mullin Act.
Glidden: Motion to close the public hearing, seconded by Blier. (Passes 4-0)
Glidden: Motion to Issue an Order of Conditions with special conditions for erosion control, having no snow removal, having trash management with solar-power trash compacting, having perforated pipe for drainage along the berm, having armoring in front of the supports for the elevated walkway, having temporary fencing around the staging and storage areas, and leaving the timber piles in place while cutting them to the mud line, seconded by Pabich. (Passes 4-0)
3. Continuation of a 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.
Cornacchio states that there was a site visit this afternoon.
Engineer Peter Blaisdell reviews the plans for the project, which would include extending the riprap area into the adjacent area which is city-owned. He suggests that the Order of Conditions have language which would allow them to do that if the Engineering department approves it. He suggests that they cut down the existing timbers which were protruding into the marsh.
Pabich states that the timbers should be cut and taken off the beach.
Cornacchio says that he would like them to be cut but left in place.
Pabich agrees to allow them to stay but states that the language in the Order of Conditions should require them to be removed from the site if they appear to be loose or able to wash out to sea and create a boating hazard.
Blier asks about the contour at the top of the wall.
Blaisdell states they will basically keep the wall where it is now and the contour will be similar to its current state.
Blier asks if they will follow the grade back down again.
Blaisdell says they will.
Pabich asks about the legality of having the City Engineer give permission for them to work on the city-owned property.
Glidden states that it will be OK for the City Engineer to allow activity on that property.
There is much discussion about legal issues regarding the work on the city property. The members agree to have this issue reviewed by the City Solicitor, and for this Order to not allow work on City owned property.
Cornacchio opens up to the public. There are no questions or comments.
Pabich asks about the filter fabric.
Blaisdell states that there will be filter fabric behind the stones.
Pabich: Glidden Motion to close the public hearing, seconded by Glidden. (Passes 4-0)
Pabich: Motion to grant an Order of Conditions for the work on the O’Shea’s and Karam’s properties, with a special condition for the timbers, seconded by Glidden. (Passes 4-0)
Cornacchio states that Glidden and Blier were not present for the previous meeting but have listened to a recording of the public hearing and have signed affidavits, so they are qualified to vote on this application per the Mullin Rule.
4. Public Hearing – Notice of Intent – DEP #64-464 – David Pabich, 8 Harbor View Terrace, Salem, MA 01970
Chair Cornacchio tables the issue until September 27 due to a lack of a quorum.
5. Public Hearing – Notice of Intent – Eleanor Lee Hughes, 3 Everett Road Salem, MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss a proposed addition and deck to an existing single family home located within the buffer zone of a coastal bank at 3 Everett Road.
Cornacchio states that the DEP number for this NOI is #64-467.
Engineer Scott Patrowicz describes the project. He states that the sewer line on the property is abandoned but they will stay outside of that.
Cornacchio asks if there is enough room on the side of the house.
Contractor Straus states that there is a driveway on the side of the house.
Duques asks if there will be a silt fence or hay bales.
Patrowicz states that they will use a silt fence. He adds that there is not much room for hay bales.
Cornacchio asks about the condition of the sea wall.
Straus states that it is only 20 years old.
Duques suggests that they schedule a site visit.
The members agree on 5:00 PM, Thursday, September 27
Cornacchio opens to the public. There are no questions or comments.
Pabich: Motion to continue this until September 27 with a site visit on the same day at 5:00 PM, seconded by Blier. (Passes 4-0)
6. Public Hearing – Request for Determination of Applicability – Bob Dunham, 65 Jefferson Avenue, Salem, MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposal for installing a 5 foot by 2 foot by 20 foot long section of gravel as well as wild flower plantings. Two areas will be located within a Riverfront Area at 65 Jefferson Avenue.
Duques states that there was a building there which was knocked down and now it is used for school bus storage and boat storage.
Owner Robert Dunham states that they wish to re-grade and take up the asphalt and improve the culvert and add wildflowers.
Duques states that this is a betterment project.
Dunham states that they will go all the way to the bank with stone 1 foot deep and then a planting area and then jersey barriers.
Cornacchio asks how the stone will meet the riverbank.
Dunham states that there will be not be an edge.
Pabich asks about the slope of the river bank.
Dunham states that is drops about 3 feet. He ads that there will be filter fabric under the stone and above the dirt.
Cornacchio reads a letter from Ward 3 City Councilor Pelletier into the record which is in favor of this application.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 4-0)
The members agree to a -2 Determination.
Glidden: Motion to issue a -2 Determination of Applicability, seconded by Pabich. (Passes 4-0)
7. Public Hearing – Request for Determination of Applicability – National Grid, 170 Medford Street, Malden, MA 02148
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposal for installing four new poles and one associated anchor along the northern shoulder of Planters Street.
Andrea Desilets, Wetlands Scientist, of ENSR describes the project stating that they will install 40 foot wooden pools placed 7 feet below grade. She adds that hay bales will be on site.
Cornacchio asks if the gate will still be in use.
Desilets: Yes.
Duques asks why they need 4 poles.
Cornacchio states that it must be quite a heavy wire.
Duques asks about the exempt work.
Desilets points out the two poles that are exempt activities stating that they will be replaced while the original poles will remain in place.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Blier. (Passes 4-0)
Pabich: Motion to issue a -2 Determination of Applicability, seconded by Glidden. (Passes 4-0)
8. 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 proposed construction of five stormwater basins for a 26-lot subdivision off Clark Avenue.
Chris Mello with Eastern Land Survey explains that they discovered that some of their land was zoned for industrial use, and because of this they are adding a new south portion of the development which will not be cluster. He states that the original stormwater management system is now oversized.
Duques states that this new proposal could be an overview because this project has been continued for such a long time. She states that she wants an updated calculation package. She suggests that the Commission schedule a site visit.
Pabich asks about access to the basin.
Mello states they will go through the easement.
Duques suggests phasing out the different sections of this subdivision similar to what was done with the DiBiase subdivision off of Marlborough Road.
Cornacchio asks if there will be much blasting.
Mello says that there is a lot of ledge and they will need to do some blasting.
Duques states that the applicant will bring photographs of retaining walls. She adds that it is very steep at the Kimberly Road area.
Cornacchio suggests scheduling a site visit.
Glidden states that they have been on one site visit.
Cornacchio states that it was a long time ago.
Duques states that it should be staked out before the site visit.
Cornacchio opens to the public.
David Colpitts of 18 Clark Ave states that he had been opposed to this project but he is happy with the reduction of homes. He adds that he is happy with the DiBiase project off of Marlborough Road. He expresses concern about the storage area near Clark Avenue which is across from his property. He states that he has a $100,000 retaining wall that he doesn’t want destroyed. He presents photos of his property and states that he is down stream and down-grade from this project. He expresses concern with the water storage area, stating that it must be maintained forever. He suggests eliminating this water storage facility and rerouting the water to one of the other water storage areas.
There is much discussion about this water storage area.
Cornacchio suggests asking the peer review engineer about his concerns with this water storage area.
The members agree a site visit on September 22 at 7:30 AM.
Pabich: Motion to continue this public hearing until September 27 with a site visit on September 22, seconded by Glidden. (Passes 4-0)
Old/New Business
9. Review of Project – DEP 64-371 – Osborn Hills Realty Trust – 71 Marlborough Road. Issuance of Invalid Certificate of Compliance, because USACE deemed isolated wetlands as non jurisdictional
Duques states that this lot currently houses DiBiase’s construction trailer. Duques stated that the Order was issued on June 24, 2004, however, since then the U.S. Army Corp has issued a letter stating that the original wetland identified, isolated land subject to flooding, is currently non jurisdictional. Therefore in order to close out the filing an invalid Certificate of Compliance should be issued, since no work approved under the Order has been completed and the area is not within the Conservation Commission’s jurisdiction.
10. Request for an Extension for DEP #64-152 – Atlantic Paving, Norman Dubie – 4 Technology Way
Duques states that the applicant has an Order to build a building and an associated parking area.
Cornacchio reads a letter from attorney Stephen Lovely into the record.
Duques states that the planning board denied this whole project and the applicant wishes to try again.
Duques says that it has expired as of the day of the meeting, however the letter was submitted to the Conservation Commission prior to the Order expiring.
Glidden states that this cannot be extended and the applicant needs to start over, particularly because this is a non-improved plan.
Pabich states that if the applicant wishes to take the risk to reapply to the planning board with the same plan, he should be able to try.
After much discussion the members agree to deny the request.
Glidden: Motion to deny DEP file #64-152 the request for extension, seconded Pabich. (Passes 4-0)
11. Discussion of material stored along North River
Duques states that she has spoken to Mr. Burnham who said that he has removed some of the debris, but she can see that little has been removed. She asks if the members would like to ask Burnham to attend the next meeting.
Glidden states that he only wants him to come in if the Commission has evidence to suggest that he is breaking the law, otherwise no. He adds that he would like an opinion from DEP.
Cornacchio suggests having DEP conduct a site visit.
Pabich suggest contacting Solid Waste Management.
12. Discussion of dumping on Con Com land off Intervale Road
Duques states that Tom St. Pierre contacted H&S Tank Cleaning Services who in turn provided an estimate for removing the debris located at the site. She suggests scheduling a site visit.
Pabich suggest contacting a man who picks up metal for recycling and charges nothing. He agrees to provide his phone number to Duques.
13. Discussion of activities at the end of Story Street, in resource area adjacent to 15 Story Street
Duques displays photos and states that this used to be a dumping ground, and Mr. Gerry Tardiff has been removing debris.
Tardiff states that he spoke with Frank Taormina and advised him that he would remove debris and cut bittersweet.
Duques states that she doesn’t see any problems and that the area has been improved by Mr. Tardiff.
The members agree that the property has been improved. There is discussion about the removal of the safe and washing machine and if dragged out by a toe truck there is potential for the embankment to be damaged and compromised. It was discussed that Mr. Tardiff should leave the safe and the washing machine on the property, until there is a more complete plan to remove these heavy awkward items from the site so as not to compromise the embankment and wetland vegetation.
14. Exempt activity at 120 Leach Street, per 310 CMR 10.02(2)(b)1.e., in-kind replacement of existing deck, railings and deck boards
Duques states that they are doing the siding and an RDA would be unnecessary for an exempt area.
Cornacchio states that they shouldn’t need to file.
15. Request for funding for Agent to attend Low Impact Development Workshop
Duques states that she wishes to attend this workshop.
The members agree to approve this.
Cornacchio asks for a volunteer for the Harbor Management Committee.
Pabich: Motion to adjourn, seconded by Glidden. (Passes 4-0)
The meeting is adjourned at 9:30 PM.
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