Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, December 20, 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
Members Absent: Joseph Furnari, David Pabich, David Summer
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Chairperson Cornacchio calls the meeting to order.
1. Approval of Minutes – November 29, 2007 Meeting
Glidden: Motion to approve the minutes from the November 29, 2007 meeting, seconded by Hamilton. Passes 4-0.
2. Continuation of a Public Hearing – Notice of Intent – DEP #64-471 – Carmine and Angelo Mongiello, 120 Swampscott Road, Salem MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed siltation barrier, placement of new boulders and creation of new stream bank within a coastal bank at 120 Swampscott Road.
Engineer Scott Patrowicz describes the plans for the siltation barrier stating the he will put the upper rocks in mortar (best available hydraulic cement) so as the water comes in contact with the boulders it won’t wash them away. He adds that all of the material will be located on the Mongiello property, except for the eroded area at Robinson Road which will be filled with 2” crushed stone. Patrowicz states that a stainless steel screen will be fabricated in the shop with a frame (2’ X4’) and installed 6” in the ground with posts (with galvanized tracks) on each side. He says that this screen will catch debris and will be cleaned regularly by the Mongiellos.
Duques asks if there is a chance if that plowed snow will block the screen.
Glidden suggests placing a sign stating “Stormwater Outfall, No Snow Storage” in front of the screen.
Glidden and Blier suggest building up the concrete to the grade line and placing the screen on the concrete for easier cleaning and Patrowicz agrees.
Duques asks him to submit a revised plan with a cover letter stating that they are not proposing to construct a stream and that the existing grates will be removed.
Cornacchio asks Mongiello if they can remove the piles of silt at the first opportunity and Mongiello agrees.
Mongiello expresses concern about the removal of the grates because he fears having leaves or twigs stuck in the old culverts.
The members agree to allow him to keep the grates.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to continue the public hearing until January 10, 2008, seconded by Blier. Passes 4-0.
3. Public Hearing – Amendment to the Existing Order of Conditions – DEP #64-417 – Mario Scire, 23 Arrowhead Drive, Saugus, MA 01960
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed amendment including additional wetland replication to compensate for increased fill, changes to construction of a driveway and grading and footprint of a single-family home at 18 Freeman Road.
Duques states that the paper could not run the legal add for this meeting so it will be continued until January 10, 2008.
4. Public Hearing – Notice of Intent – Dana Dilisio, 100 Swampscott Road, Salem, MA 01970
Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of paved go-cart track and parking lot expansion within isolated vegetated wetlands, bank resource area, and buffer zone to bordering vegetated wetlands at 100 Swampscott Road.
Duques distributes the plan and explains that the green highlighting indicates the proposed new grade, and the yellow highlighting indicates the resource area.
Wetland Scientist Bill Manuell of Wetlands & Land Management describes the plan pointing out the isolated wetland area, vegetative stream bank, and intermittent stream. He indicates the proposed location for the go-cart track and expanded parking area. He states that the meandering stream has a flat area which collects trash and debris and is cleaned about twice a year. He adds that the applicant would like to replace the stream with a drainpipe over which the parking lot will be installed. He says that this will eliminate a problem area on the site because the intermittent stream has poor water quality and phragmites.
Manuell suggests that the Commission condition ultimately that there will be erosion control on the building site which is next to the wetlands. He says that he would be willing to oversee the construction of the wetland replication area to be sure that it is built correctly. He states that they have exceeded the thresholds for a wetlands habitat environment.
Ward 3 City Councilor Jean Pelletier states that the go-cart is not by-right and they must go for a special permit with the ZBA, and there is no use variance allowed for this, and the Commission should wait until they have the special permit before doing work. He adds that there are abutters who are opposed to this project, and that he is opposed to it. He says that the river was built with rip-rap in the 1960s and the Commission should look up the records of that project.
Councilor-at-large Lovely states that the Dilisios presented this plan years ago and it was denied.
David Dilisio states that adult zoning would be discouraged if more activities like the go-cart track are on the street.
Lovely suggests that the Dilisios hold a neighborhood meeting.
Pelletier states that this went to ZBA in 1997, and there might be records of the rip-rap with the building inspector from 1997.
Engineer Scott Patrowicz states that this would enhance the drainage situation by pitching the drainage to the inside of the go-cart track. He says that this area will act as a retention area in the event of a big storm. He adds that the 24” pipe crossing Swampscott Road will be continued upstream. He says that the other watershed will pull runoff away from Swampscott Road.
Chuck Faia of Parsons and Faia says that the boulders which were placed around the stream did not correct the problem.
Glidden agrees that it may not be appropriate for the commission to address this item unless there is a real possibility of it going forward. He describes his four issues, which are: 1. The culverting of the stream, which can increase problems, 2. He wants to see the methodology for determining that this stream is intermittent, 3. Concerning the isolated wetlands and stream, would it be jurisdictional and how would the performance standards change, and 4. How many trees will be removed and are they currently providing any enhancement to the wetlands.
Faia says that he identified all of the larger trees and they are diagramed and those in the proposed parking area would be removed. He adds that the stream was considered and intermittent stream in the original filing.
Glidden says that they want to see the documentation for that.
Faia says that they address the intermittent stream in the report it is in the notice of intent. He said that he treated this area as if it were a BVW.
Blier states that just because anything was altered in the past doesn’t justify continuing to make alterations. He adds that the drawing is very difficult to read.
Hamilton says that she would like to wait until the ZBA makes a decision.
Cornacchio opens to the public.
Dan Dandrio, with the Dilisios, does land planning and site work and takes people through the permitting process. He states that he did the work for the Dilisios in 1997 and they took down one big mountain of rock. He adds that they found old culvert pipe there in the stream area and he took it out and discarded it. He says he might have cleaned it up and placed it back in there properly if he knew this would be an issue today. He states that the Delisios keep this area professionally landscaped and maintained.
Duques asks if the applicant plans to go before the ZBA.
David DiLisio states that they haven’t filed anything yet because they wanted to see the Conservation Commission first.
Glidden states that the ZBA is the best place for them to start because this application requires extensive plan review from the Conservation Commission.
Cornacchio states that he would rather not continue with this until the ZBA makes a decision.
Dana Dilisio states that they would still go ahead with plans for the culvert, even if the ZBA denies the go-cart track.
Glidden says they would need to submit a new plan with only the culvert if they choose to go that way.
City Councilor Lovely clarifies that the ZBA, not the City Council will issue the permit. She reiterates the need for a neighborhood meeting with the Dilisios.
Faia suggests continuing until the February meeting.
Duques suggests continuing until February 28, 2008.
Glidden: Motion to continue this case until February 28, 2008, seconded by Blier. Passes 4-0.
Old/New Business
5. Request for an Extension – DEP #64-379 – 220 Highland Avenue – Tropical Products
Duques states that this item was brought to the landowner’s attention that the order was to expire on December 9, so on November 29 the commission extended it for one year. She adds that she wrote a letter to Tropical Products asking someone to attend this meeting.
John Dick of Hancock Associates states that the new owner intended to do the work ($20,000 in escrow). He adds that they cleaned up the catch basins with 3” sumps and he will install hoods, cut brush and clean the place out. He says that the paperwork says that there has been 625 square feet of filling and they can do 625 square feet of mitigation in the spring, after the thaw.
Cornacchio states that he is glad that it is moving forward and that they have cleaned the catch basins.
Duques states that she needs a copy of the recording and John Dick provides one.
6. Request for a Certificate of Compliance – DEP #64-449 – 226 Hardy Street
Duques shows the photo of the staircase leading to the water that was permitted after the fact. The photos also show a fence which was installed along Hardy Street without an application. She adds that she has their Chapter 91 license.
Glidden asks Duques if she can send them a letter advising them that they again conducted activities in the buffer zone to a resource area without seeking Conservation Commission approval, and they are on notice that they should review the Wetlands Protection Act anytime they are considering doing work on their property.
Members sign the Certificate of Compliance.
7. Request for a Certificate of Compliance – DEP #64-384 – 43-45 March Street
Duques presents photos and states that the special conditions related to construction and required a Chapter 91 license, which they have submitted.
The members review the photos.
Glidden asks if they required a curb. He and Cornacchio express concern about the absence of a curb around the bulkhead. Glidden states that they did a nice job.
Duques read the Order of Conditions and states that there is no mention of the curbing.
Members sign the Certificate of Compliance.
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8. Disposal of Snow
Duques states that snow disposal through the city cannot be dumped in any wetlands.
Cornacchio states that he has heard reports that snow has been dumped in the South River. These activities have been reported to the Commission regarding the Rocketts property, specifically the Salem Waterfront Hotel and parking lot on Congress Street, and Shetland Park. Cornacchio suggests imposing a $200 fine and a cease and desist order for both the Rocketts and Shetland.
Glidden agrees they should fine them with a cease and desist order for depositing snow into the resource area, and advise them to review their snow management plan.
Cornacchio suggests copying in DEP and EPA.
Cornacchio says he wants that snow pile moved away from the South River and the walk area.
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Glidden: Motion to adjourn, seconded by Hamilton. Passes 4-0.
The meeting is adjourned at 8:10 PM.
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