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Approved Minutes, March 27, 2008
Salem Conservation Commission
Minutes of Meeting


Date and Time:  Thursday, March 27, 2008, 6:00 p.m.
Meeting Location:       Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present:        Chairperson Kevin Cornacchio, Michael Blier, Amy Hamilton, David Pabich
Members Absent: Joseph Furnari, Keith Glidden, David Summer
Others Present: Carey Duques, Conservation Agent
Recorder:       Andrea Bray


Chairperson Cornacchio calls the meeting to order.

Old/New Business

1.  Barbara Warren to discuss potential project at Forest River Park and provide an update on the Pickman Park phragmities eradication project

Duques states that Barbara Warren is interested in removing a pipe near Pioneer Village.

Warren states that this pipe breaks up at times, and it isn’t operational.  

Duques says that they might go through the process of an RDA.

Warren states that she would like to try to cut one section at a time and remove it where it is closed.

Cornacchio states that the pond does get dry, but usually only in August.

Warren says that it is only a retention basin.

Pabich suggests that she remove the entire pipe.  Pabich says that this should be exempt under utilities.

Duques says that this would be buffer zone work.  She offers to write a letter and send it to DEP.  She asks about the end that once connected to Pioneer Village.

Warren states that there is no end there now.

Pabich states that it is basically debris on the beach if it is not connected.  He suggests getting it at moon-low tide.

The members agree that this is debris.

Duques states that because this is covered during high tide it is considered a resource area.  She reviews the area on utility exemptions.

Warren provides an update on the Pickman Park project with the elimination of phragmities.  She says that most of the work is done but it is taking longer that they had planned.  She states that they will be doing their North River Awareness Week.

Warren says they are looking into planting willows on the North River bank near Harmony Street.

Cornacchio states that during the early 1900s there were many willows in that location.

Pabich asks if there is any vehicle for replanting native species.  He adds that they would need an Order of Conditions.

Duques suggests an RDA.

Cornacchio agrees.

Warren says they will be working on Furlong Park to get ideas for improvement.

Cornacchio says that it was once a city dump so they can’t dig there.

Warren confirms that they will not be digging anything there.  She says there might be eels and other fish in there, and they would like to cut the phragmities in the streambed to allow any fish to pass.  She states that they will examine the area in the spring to see if any water is coming out, and if not, they won’t do anything.  She offers to contact Duques.

Duques agrees to check on the exemption questions and get back to Warren.

Warren asks her to check to see if they can cut the phragmities.

Pabich states that the commission should do an RDA for the pipe removal and waive the fee because it is an improvement project.

Cornacchio advises Warren that they will have an answer for her at the next meeting.

2.  Request for a Certificate of Compliance – DEP #64-222 – 43-45 Valley Street

Duques states that the property owner at 45 Valley Street is selling their home and learned that there is still an open Order of Conditions.  She presents a plan of the property, stating that the Order of Conditions was issued in 1995 and 43 and 45 Valley Street are on the same Order of Conditions.  She says that there is an in-ground pool at 43 Valley Street.  She presents photographs for the members to review.  She points out trash and yard waste at 45 Valley Street.

Pabich states that all of that debris must be removed so it won’t leach into the wetland.

Duques says that she advised the seller’s attorney that they can not issue a full Certificate of Compliance.  She says that there was a request for a Certificate of Compliance in 1996 and she doesn’t know why it was never issued.

Pabich asks if they can do a partial Certificate of Compliance, and Duques says they can but the yard must be cleaned up first.

Cornacchio asks if Duques wishes to give them a Partial and have them clean the debris with an after-the-fact RDA, and Duques says yes.

Duques says that a building permit was issued for the pool by the building department.

Cornacchio states that the city should not have issued the permit for the pool, and they should have caught this.

Cornacchio summarizes by stating that they can issue a partial and file and after-the-fact RDA.

Pabich suggests they issue a full Certificate of Compliance for the work that was permitted and done, and then issue another RDA for the subsequent work.

Cornacchio says they might issue a full Certificate with the condition that they clean-up the yard.

Hamilton states that it would be unfair to the buyer of the property if the seller receives the Certificate of Compliance with the condition to clean up, and they sell the house before cleaning up.  She says that the commission would be forced to take disciplinary action on the buyer and it will not be his fault.

Much discussion ensues about the commission’s options with this issue.  The members agree to issue a Partial Certificate of Completion with the condition that they clean the debris out of the yard.

3.  Request for an Extension to existing Order of Conditions – DEP #64-392 – Cedarcrest Avenue – three lot subdivision and construction of 3 homes

Cornacchio reads a letter requesting an extension to the Order of Conditions.

Duques states that she visited the site and the project consists of three new homes, two of which are completed and the third is under construction.

Pabich: Motion to approve a one-year extension for this Order of Conditions, seconded by Hamilton.  Passes 4-0.


Pabich: Motion to adjourn, seconded by Blier.  Passes 4-0.

The meeting is adjourned at 7:15 PM.