Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, September 27, 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, David Summer (arrived at 7:00 PM)
Members Absent: Joseph Furnari, Amy Hamilton
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 discussion of the minutes until the end of the meeting, seconded by Glidden. (Passes 4-0)
The members return to the review of the minutes.
Pabich: Motion to approve the minutes for the July 26 meeting, seconded by Summer. (Passes 3-0. Voting members include Cornacchio, Pabich and Summer.)
Pabich: Motion to approve the minutes for the August 23 meeting, seconded by Pabich. (Passes 4-0. Voting members include Cornacchio, Pabich, Glidden and Summer.)
2. Continuation of a Public Hearing – Notice of Intent – DEP #64-467 – Eleanor Lee Hughes, 3 Everett Road, Salem, MA 01970.
Cornacchio reads the legal public hearing notice which states that the purpose of this meeting 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 says that there was a site visit today, and the silt fence will be against the seawall.
Engineer Scott Patrowicz shows the area for the silt fence and states that they will protect the tree, and the material will be hand-carried from the front yard to the location of the work.
Duques says that they might use Filtrex-soc.
Patrowicz says they would only use the silt fence because of the shortage of space. He presents the notification from the abutter’s cards.
Pabich suggests having a post-construction inspection of the beach.
Cornacchio opens to the public. There are no questions or comments.
Cornacchio states that the conditions include protection around the maple tree, a post-construction inspection, and the silt fence.
Pabich: Motion to close this public hearing, seconded by Glidden. (Passes 4-0)
Pabich: Motion to issue an Order of Conditions with the above noted conditions, seconded by Glidden. (Passes 4-0)
3. Continuation of a 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 meeting is to discuss the proposed construction of five stormwater basins for a 26-lot subdivision off Clark Avenue.
Chris Mello of Eastern Land Survey Associates points out the location of the stormwater basins. He identifies the vernal pools on the property.
Mello states that because the vernal pool was not certified, it is non-jurisdictional.
Duques asks if copies of the application were sent to the National Heritage.
Mello states that they were not. Attorney John Kelty says that this is because it is non-jurisdictional.
Pabich states that he feels that the Commission could revisit this issue and see if there is a way to work around this vernal pool. He asks if they can tweak the plans so the work corridor will go around this.
Cornacchio reads a letter into the record dated September 27, 2007, from attorney Robert Strasnick representing David Colpits expressing concern about the stormwater basin closest to Clark Ave.
Duques presents photos as examples of the proposed retaining wall which looks like a U-shaped wall to be installed between Lots 18 and 19.
Pabich states that he doesn’t have any objection if this is non-jurisdictional but in the next phase of this development it might be a problem.
Mello states that he is willing to restore the area to its grade and organic nature and stay out of the area during construction.
Duques states that it could be certified in October 2008, when the ORAD expires.
Mello suggests that the Commission place a special condition on the Order that the vernal pool be protected during construction.
Pabich asks if the drain line can be slid to the east about 10 feet.
Mello says that there will be a 2-foot wide trench 10-feet deep and in a month it will look like nothing was there. He adds that they could put a layer of silt fence around the C flag area with a ring of construction fence around that.
Duques asks about details for trail signs.
Mello says the they will agree at the Planning Board to have two at the entrance of Clark Ave and one at the other end.
Duques asks about maintenance.
Cornacchio states that maintenance would be on the homeowner’s association, or the owner of the land where the basin resides.
Pabich states that the stormwater basins, structures, and pipes leading to them should all be maintained by the landowner.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 4-0)
Duques reviews the special conditions.
Cornacchio states that the special conditions will be reviewed at the October 11 meeting.
Cornacchio states that the Commission will defer to the Planning Board for the language on the trail signs.
Duques clarifies that this public hearing is closed but the item is still open.
4. Continuation of a Public Hearing – Notice of Intent – DEP #64-461 – 485 Lafayette Street, Salem, former Chadwick Lead Mills Site.
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss remediation of site including marsh, coastal beach, land under the ocean, coastal bank, and land subject to flooding.
Cornacchio reads a letter from Attorney Dan Garson requesting a continuance until October 11, 2007.
Duques states that the peer review and additional material submitted by Woodard and Curran has been distributed to all members.
Pabich makes a point about the presence of lead contaminated soil between the granite blocks that make up the seawall and he wishes to understand how this material will be remediated and tested for lead levels. He asks Duques to ask Mike Howard with Epsilon if this has been examined and if so, what was found.
Glidden: Motion to continue this hearing until October 11, 2007, seconded by Pabich. (Passes 4-0)
5. Public Hearing – Notice of Intent – DEP #64-464 – David Pabich, 8 Harbor View Terrace, Salem, MA 01970.
David Summer arrives.
Pabich recuses himself from this item.
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.
Pabich presents his plans for beach nourishment stating that there is a slight undercut under his sea wall and he would like to pour 22 yards of clean sand to fill in under the toe under the wall and to clean up the beach. He states that the neighbor’s property was nourished much earlier and the sand does stay because there is very little wave action.
Cornacchio asks if there was ever sand there before.
Pabich says that he doesn’t know but there is sand and some random bits of glass.
Cornacchio asks for the method to get the sand down there.
Pabich says that it would be dumped by hand onto a plywood chute.
Duques states that an abutter advised her that about 30 years ago sand was brought in from Cranes Beach that contained horse fly eggs.
Pabich states he would use cleaned sand and that the additional sand would not really increase wave action. He adds that he has a Chapter 91 application in but he must have an Order of Conditions before they will issue a Chapter 91 license.
Cornacchio opens to the public. There are no questions or comments.
The members agree to a site visit on October 11 at 5:00 PM.
Glidden: Motion to continue this public hearing until October 25 with a site visit on October 11, seconded by Summer. (Passes 4-0)
6. Public Hearing – Notice of Intent – Manuel Silva, 121 Green Lane, Middleton, 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 from Attorney Deirdre Robbins requesting a continuance until October 25, 2007.
Much discussion ensues about the correct procedure to take from this point forward on this item. The members agree that this has never been opened as a public hearing only as an enforcement action under Old/New Business. It is discussed that an Enforcement Order was issued but that an incomplete Notice of Intent was filed with the Conservation Commission. The applicant lacked the signature of the landowner, the City of Salem, and still lacks this information therefore a complete Notice has not been submitted as negotiations between the applicant and the City of Salem continue. The consensus was that the project should not be continued and that the applicant can resubmit the complete Notice of Intent without paying the fee. They take no action tonight.
Old/New Business
Discussion of material stored along North River.
Duques reminds the members that the Commission cannot site a specific issue, so they cannot call in the owner.
Glidden says that the Commission is still within its rights to take this to the DEP for their guidance.
Much discussion ensues about the correct procedure to use with this case.
The members agree to formally request that Duques seek guidance from the DEP.
Request for a Certificate of Compliance DEP #64-438 and #64-439 – DiBiase Residential, Lots 29 and 30.
Duques states that the only difference between the proposed plans and as-built plans is the location of two trees on Lot 30. She identifies the trees on the plan. She adds that the roof recharge systems are in place and the fence is up on top of the wall. She provides copies of drafts of the deeds.
Pabich: Motion to issue a Certificate of Compliance for both of these lots, seconded by Glidden. (Passes 5-0)
Request for a Certificate of Compliance DEP #64-400 – City of Salem, Salem Ferry Pier installation of water line, electrical conduits, and fuel line and associated components.
Duques states that the work is complete but she recommends that they continue this because some issues still need to be addressed. She says that there is a leak in the fuel line on the dock. She adds that they had spill pads that were left on the dock, and the floating dock is stained.
Much discussion ensues about the condition of this property. The members agree that all fueling at this dock should be suspended the ferry should fuel in Quincy until the fuel line is fixed and they also must do a pressure test.
Pabich: Motion to adjourn, seconded by Glidden. (Passes 5-0)
The meeting is adjourned at 8:15 PM.
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