Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, October 25, 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.
Salem CPA Committee Chair – Joanne McCrea, 386 Essex Street, Salem, MA, 01970
Joanne McCrea states that the goal of the Salem Community Preservation Committee is to have the Community Preservation Act approved in the local election in November. She says that the property tax surcharge would be 1% with the state matching the funds up to 75%. She says that funds collected will be allocated for affordable housing, historic preservation, and recreation.
1. Approval of Minutes – September 13 and 27 and October 11 Meetings
Pabich: Motion to approve the minutes for the September 13, 2007 meeting, seconded by Glidden. Passes 4-0. Voting members are Cornacchio, Blier, Glidden, and Pabich.
Pabich: Motion to approve the minutes for the September 27, 2007 meeting, seconded by Glidden. Passes 5-0. Voting members are Cornacchio, Blier, Glidden, Pabich, and Summer.
Blier: Motion to approve the minutes for the October 11, 2007 meeting, seconded by Glidden. Passes 4-0. Voting members are Cornacchio, Blier, Glidden, and Hamilton.
2. Public Hearing – Request to Amend an Existing Order of Conditions – DEP #64-442 – Uncle Bob’s Storage, 435 Highland Avenue
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss an amendment to an existing order including installing absorbent pads into an upgraded drainage system located within the buffer zone of BVW at 435 Highland Avenue.
Duques states that David Pabich reviewed the proposal this week and found it to be acceptable.
Pabich states that he also looked into developing an evaluation and maintenance program for private drainage systems.
Glidden suggests that a database be built to remind the conservation department to review these systems on a regular basis.
Christopher Ryan of Meridian Associates, Inc, speaks about the proposal. He shows the members one of the pads and describes it as containing a polymer absorbing material which must be changed at least once a year. He adds that the color changes from white to brown when it needs to be changed. He states that these will be installed on the three drainage systems in the middle.
Ryan states that the abutter’s property needs to have some silt cleaned up and he is willing to do this.
Cornacchio asks if he will contact the abutter to advise him that he will clean up the silt and Ryan agrees to do this.
Pabich asks how much each one of these pads cost.
Ryan says that they cost about $400. He states that the facility manager will inspect these quarterly and swap them out at least once a year.
Pabich asks him to also install on in the hooded drainage system at the end and Ryan agrees to this.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Pabich. Passes 6-0.
Glidden: Motion to approve the amendment to the order of conditions provided the last catch basin also has a pad, and the applicant will report back to Duques after notifying the abutter about the removal of the silt, seconded by Pabich. Passes 6-0.
3. Public Hearing – Notice of Intent – Stephen Lovely, 1 Parallel Street, Lot A
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities at 1 Parallel Street, Lot A.
Chris Mello of Eastern Land Survey displays the plans and describes the lot. He states that the previous order of conditions issued on 3 Parallel Street, DEP #64-465, will not be acted upon and he will build lots A, B, and C instead of developing the other lot. He says that they will tear down the existing building at 1 Parallel Street.
Cornacchio states that they like to have granite curbing on the street.
Mello says there is no granite curbing on that street.
Blier states that there are granite curbs at the end of the street.
Pabich states that they have always required granite curbing because of the snowplows and Lovely agrees to this.
Duques asks where the water will flow.
Mello states that the water will be directed to the other end of the street to the swale. He adds that all of the existing paving will be removed and new paving will be installed.
Duques asks if the house will be built on a slab without stilts.
Mello says that this is correct and the houses on lots A, B, and C will have no basements.
Mello says that the wetlands have been flagged and there is no 100-year flood system, Zone A, in this elevation. He adds the water table is high.
Glidden asks about how the homes will be heated.
Lovely states that they will run the gas line from the existing building at #3 to the new lots.
Cornacchio asks why the slabs were placed at 15.5 feet.
Mello states that it is high enough to avoid a flood in the houses. He adds that the flood would occur at about 12 feet.
Summer asks if the property boundaries go all the way to the pond.
Mello says that they do.
Summer says that he wishes to restrict any activities in the pond.
The applicant, Stephen Lovely of 14 Story Street, says that he has been in contact with the neighbors and they are in favor of this project. He adds that he has abutters’ statements.
Cornacchio opens to the public. There are no questions or comments.
Cornacchio requests scheduling a site visit and the members agree on November 3 at 8:00 AM.
Pabich: Motion to continue until November 8 with a site visit on Saturday, November 3 at 8:00 AM, seconded by Glidden. Passes 6-0.
4. Public Hearing – Notice of Intent – Stephen Lovely, 1 Parallel Street, Lot B
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities at 1 Parallel Street, Lot B.
Mello describes the 28x36 foot dwelling with a deck.
Cornacchio asks if there is any wiggle room for this structure.
Mello states that this house is set at the minimum setbacks. He adds that there is a sewer easement on the property. He states that he received a variance from the ZBA for the minimum lot width.
Cornacchio asks if there will be any digging on the lot other than the foundation.
Lovely states that there will be no digging and if any garbage is discovered on the lot it will be properly disposed of.
Duques asks about a landscaping plan.
Lovely states that there will be some plantings and he will work with the homeowners’ requests.
Pabich expresses concern about the water issue and asks if the foundation could be more permeable or if crushed stone could be placed under the house.
Mello says that they might be able provide an outlet for excess water on the #3 lot when the structure is removed. He adds that he could use the space under the existing house as an underground outlet.
Pabich asks if it would be possible for the swale to be vegetative rather than stone.
Mello states that he prefers using stone because of the shallow grade, and he has no vertical play for a catch basin and pipe.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to continue until the November 8 meeting with a site visit on Saturday November 3 at 8:00 AM, seconded by Pabich. Passes 6-0.
5. Public Hearing – Notice of Intent – Stephen Lovely, 1 Parallel Street, Lot C
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities at 1 Parallel Street, Lot C.
Mello describes the lot stating that the swale will be on the property line to lot B and control the stormwater which normally pools. He adds that now the water will find a path to the wetlands and off the street. He says that the swale will stop at the phragmites (the B15 flag).
Blier asks why the swale is in a straight line.
Mello says that it is the most direct route to follow the lot line and it will have stone so there will not be any velocity for the water flow.
Glidden asks about the elevation of the land around the houses.
Mello states that the elevation of the land around the houses will be about 12 feet and the houses will be at 15 feet. He adds that he will pour foundations and backfill, and then fill the foundation and then pour the slabs.
Pabich asks about Lot D (3 Parallel Street).
Mello states that the land is being taken away from it for the other 3 lots so Lot D will no longer be buildable.
Hamilton asks about the grading of the lot. She expresses concern about having the water pool on the lot.
Mello states that the grade will go down about 1 foot but the lot is practically flat.
Cornacchio opens to the public. There are no questions or comments.
Pabich: Motion to continue this hearing until the November 8 meeting with a site visit on Saturday, November 3 at 8:00 AM, seconded by Glidden. Passes 6-0.
6. Continuation of a Public Hearing – Notice of Intent – DEP #64-464 – David Pabich, 8 Harborview 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.
Cornacchio states that Amy Hamilton was not present for the previous hearing on this case but she listened to a recording of the meeting and signed an affidavit, which qualifies her to vote on this issue per the Mullen Rule.
Pabich recuses himself from this issue.
Cornacchio asks if he has located a source of sand with the same granular size.
Pabich states that he has not yet begun his search for the sand. He reviews the procedure for the nourishment stating that there will be 22 yards of clean sand installed at the beach. He adds that the sand will be deposited to the street and hand-shoveled through plywood chutes and hand-spread.
Glidden asks if the street has no excessive car oil.
Pabich states that the street is clean.
Cornacchio asks if he can complete this in one low tide cycle.
Pabich says that he thinks it could be but if it doesn’t happen in one tidal cycle than it could easily happen in two cycles. He adds that it won’t be sand from Crane’s beach.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Blier. Passes 6-0.
Duques reads the list of special conditions which will be attached to the order which include: (1) Receiving all necessary state, local, federal permits for beach nourishment prior to starting the project. (2) Sending the Conservation Commission copies of all permits received from state, local and federal entities. (3) Completing the work during low tide and good weather conditions. (4) Removing all equipment from the beach when not in use.
Glidden: Motion to issue an order of conditions with the above noted special conditions, seconded by Summer. Passes 6-0.
Old/New Business
7. Notice of Project Change – DEP #64-417 – 18 Freeman Road
Duques states that the Commission approved this project and issued an order of conditions in June 2006. She reviews the approval and introduces property owner Mario Scire.
Scire states that after digging he discovered that the sewer and water line were incorrectly indicated on the city map. He adds that he installed the new pipe and it is draining properly. He is looking for approval for this change after the fact.
The members study the plans and photos, and ask question about the changes.
Glidden states that this is a significant project change and the applicant has created a problem by changing this without first receiving approval.
Blier asks if the commission can acknowledge that there is a change without approving it.
Duques says that the commission can acknowledge it but the applicant will ultimately need a certificate of compliance and a certificate of occupancy. She adds that they can’t issue a certificate of compliance until it is confirmed that at least 75% of the vegetation has survived over the course of two years.
Glidden suggests scheduling a site visit and the members agree to Saturday, November 3 at 9:00 AM. He adds that he would like to issue a fine for $250 but to table the fine issue until after the site visit.
Pabich: Motion to continue this hearing until the November 8 meeting with a site visit on Saturday, November 3 at 9:00 AM, seconded by Glidden. Passes 6-0.
8. Request for an Extension – DEP #64-327 – Fafard Real Estate and Development Corp. – First Street and Traders Way
Duques states that nothing has been done on the site and this is the first request for an extension.
The applicant, Donald Seaberg states that is was meant to be retail and condo space but the project has stalled because of the economy. He adds that he would like to keep the project open.
Duques reads the order of conditions, which was issued November 8, 2001.
Pabich states that the applicant should have determined if there was a vernal pool on the property.
Seaberg states that it might have been done but he doesn’t recall. He adds that he will look back through his files or he can have someone look at it.
Pabich states that if he violated the order by failing to determine the existence of any vernal pools, the order should not be extended. He adds that if the commission extends the order any vernal pool that is found should be certified. He expresses concern about this violation.
Duques states that the original order wasn’t even recorded until September 2002.
Pabich states that he does not want to issue the extension because of this violation.
Cornacchio agrees with Pabich stating that the developer could start building next week if the commission extends this order tonight. He adds that the plan is dangerous the way it is and we could lose a vernal pool and it is not the fault of the commission.
Pabich: Motion to deny the request for extension, seconded by Glidden. Passes 6-0.
9. Update on DEP #64-460 – Tinkers Island – Project Proposal from Conservation Agent
Duques states that the commission issued the enforcement order and stated that the owner needed to file a notice of intent. She noted that the NOI has been submitted but is incomplete because the landowner, the City of Salem, hasn’t decided whether they want to sign the NOI at this point. The City of Salem is waiting for the Tinker’s Island Association to meet and determine if Mr. Silva has been admitted into the Association. Duques recommended to the Commission to wait until the Association meets and the City of Salem makes a decision about signing the Notice of Intent before denying the project. The Commission agrees to wait until the Association meets.
Hamilton: Motion to adjourn, seconded by Pabich. Passes 6-0.
The meeting is adjourned at 8:40 PM.
| 
