Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, July 10, 2008, 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 Summer
Members Absent: Joseph Furnari and David Pabich
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Chairperson Cornacchio calls the meeting to order.
1. Approval of Minutes – June 26, 2008 Meeting
Summer: Motion to approve the minutes, seconded by Hamilton. Passes 3-0. Voting members are Cornacchio, Hamilton, and Summer.
Cornacchio states that item number 5 on the agenda will be heard first due to scheduling conflicts the representative has this evening.
2. Public Hearing – Notice of Intent – DEP #64-477 – Dion’s Boat Yard, 23 Glendale Street, Salem, MA 01970
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the reconstruction of a dock and the removal of a marine railway at 23 Glendale Street.
Attorney George Atkins of 59 Federal Street speaks for the owner, Fred Atkins. He explains that the old railway, which had been used for launching boats, will be removed as will a portion of a permanent dock and approximately 32 pilings.
Peter Ogren of Hayes Engineering describes the plan and states that 40 feet of permanent pile pier will be replaced with 2 new 40-foot floating sections anchored to existing pilings. He estimates that up to 8 pilings will need to be replaced and will be done in-kind. He adds that the marine railway, with wooden cribbing in the ground, will be removed. Ogren states that most of the old pier can be removed with a crane and the very end of it might need to be removed by equipment on a barge.
George Atkins states that all of the floating docks are removed every fall and returned to the water in March or April.
Cornacchio asks where they will store the floats.
Fred Atkins states that they will store them in the yard.
Ogren states that they will begin the work after the summer season.
Fred Atkins states that the timber cribbing rests on piles and the piles, with creosote, will be removed.
Duques asks how the railroad is attached to the upland.
Ogren states that it has been cut off and only the cribbing remains.
Cornacchio confirms that there will be some waterside work with a barge.
Cornacchio opens to the public.
Ward 3 City Councilor Jean Pelletier speaks in favor of the project and speaks to the good character of the Atkins.
Cornacchio suggests a site visit at 5:00 PM on July 24, 2008.
Glidden: Motion to continue until July 24, 2008, with a site visit on the same day at 5:00 PM, seconded by Hamilton. Passes 5-0.
3. Public Hearing – Request for Determination of Applicability – City of Salem, 120 Washington Street, Salem, MA 01970
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the sediment sampling in the South River.
Planner and Harbor Coordinator Frank Taormina introduces Jay Borkland and Chris Morris of Apex Companies.
Borkland states that this RDA will be only for collecting samples and based on these samples Apex will determine where dredging is necessary. He states that there might be elevated levels of contamination in the channel, and they intend to take a higher density sampling in the basin.
Chris Morris distributes the proposed sampling plan.
Borkland states that Chapter 404, Army Corps of Engineers, will be the keeper of the permits. He says they may use a drop tube sample and they probably will not need vibracore (a similar tube that vibrates into the floor).
Glidden suggests sampling adjacent to Derby Wharf at the centerpoint where sedimentation appears to be occurring based on the bathymetric survey shared with the Commission. He asks if the higher points (shallower areas that have suffered from sedimentation) along the wharf are from sedimentation from the river or if it is debris off of the wharf.
Borkland states that sediment might flow in from the channel or river. He adds that GPS will record the sample locations. He says that this is leading up to the beginning of a permitting process.
Morris states that it will take 2-3 days to take the samples due to tide changes.
Borkland states that because of the Friendship having some problems moving through the channel, the National Park Service might have an interest in contributing to this project. He adds that the project is being funded by the Seaport Advisory Council.
Cornacchio opens to the public.
Jean Pelletier thanks Frank Taormina, and speaks in favor of the project stating that this will bring in more tour boats.
Cornacchio says that a Negative 2 Determination has been recommended and the members agree.
Glidden: Motion to close the public hearing, seconded by Blier. Passes 5-0.
Hamilton: Motion to issue a Negative 2 Determination of Applicability, seconded by Glidden. Passes 5-0.
Ward 3 City Councilor Pelletier thanks the Commission for moving forward with the culvert-cleaning program, stating that he will create ordinances to ensure that this work continues annually. He adds that there is a noticeable improvement in the drainage for some of the culverts that have already been cleaned.
4. Public Hearing – Request for Determination of Applicability – Matthew Merritt, 15 Parallel Street, Salem, MA 01970
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the construction of a deck located within the buffer zone of a Bordering Vegetated Wetland.
Cornacchio confirms that Matthew Merritt already began the project, poured the footings and repacked the soil and spread any loose soil under the deck. He adds that the commission allowed him to continue his project at the last meeting, but required Merritt to return to this meeting for an RDA.
Duques states that she and Tom St. Pierre stopped by Merritt’s home because she heard that work had begun. She determined that Merritt was 30 feet from the high water line, and Cornacchio says that he wishes to treat Merritt in a way that is consistent with other applicants, hence the RDA. Duques reminds Merritt that he needs to check with her if he plans to do any additional work. She explains that this is a negative determination, which means that Merritt will not need to follow up with any additional filing.
Merritt states that he will put lattice or some type of skirt to finish the under section of the deck.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Hamilton. Passes 5-0.
Glidden: Motion to issue a -3 Determination of Applicability, seconded by Summer. Passes 5-0.
5. Public Hearing – Request for Determination of Applicability – Ken Reker, 406 Paradise Road, Swampscott, MA 01970
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the temporary installation of sculptures in Hawthorne Cove and within the Riverfront area of the North River.
Ken Reker states that he teaches at Salem State College and is looking for alternative outdoor venues to exhibit sculpture for one or two weeks at a time. He adds that these sculptures are not too big and the floating sculptures are secured with rope.
Cornacchio confirms that the sculptures will not go out beyond the bulkhead located in Hawthorne Cove.
Reker states that the sculptures are made out of PVC pipe, decking lumber, hard lumber, rubber, and some other materials. He states that he and students will place the sculptures into Hawthorne Cove via a row boat. The sculptures will be secured to a concrete block which will serve as the anchor. Reker confirms that when the sculptures are removed the concrete blocks will be removed as well.
Glidden suggests that Reker ensure that appropriate knots are used to secure the sculpture.
Cornacchio asks if vandalism is a possibility.
Reker states that he doesn’t think so, but it could happen.
Glidden suggests that he put the police on notice so they can be aware of this and keep an eye on the sculptures.
Blier says that it is important that the students take a closer look at the material that they use to create the exhibits. Since they will be temporary there is concern that the materials may degrade and decompose easily ultimately getting into the food chain. He and Reker discuss student responsibility and how the exhibits could be designed with ecologically friendly materials.
Cornacchio opens to the public. There are no questions or comments.
Summer: Motion to close the public hearing, seconded by Hamilton. Passes 5-0.
Duques review the conditions for this Determination, which are:
· Sculptures will be inspected daily
· The applicant will notify the police of the temporary exhibit
· Ecologically friendly materials will be used on the sculptures
· There will be no disturbance to the existing flora adjacent to the waterway, there is specific concern that foot paths may be created leading to/from a sculpture that was not previously there.
Glidden: Motion to issue a -2 Determination of Applicability containing the above noted conditions, seconded by Summer. Passes 5-0.
Old/New Business
6. Request for an Extension to an Existing Order of Conditions – DEP #64-397 – Thomas Circle – Extension of a sewer line.
Duques states that the commission issued an Order of Conditions on July 14, 2005 to Tony Tiro, and he is requesting a 2-year extension for the sewer line which is completed but not yet connected to the homes. She adds that he is ultimately planning to construct a home on lot #732.
Cornacchio asks if there was any erosion beyond the boulder wall, and Duques says that she hasn’t seen any. She states that the boulders are still up against the trees but the trees are alive.
Tiro states that the boulder wall was on the lot when he purchased the property. He says that the house will be completed within the next two years.
Cornacchio reminds Tiro to leave the silt fence in place until Duques advises him to remove it.
Duques states that Tiro would not have to file a separate NOI for the house, unless work is completed within an area subject to the Commission’s jurisdiction.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to issue a 3-year extension of the Order of Conditions, seconded by Summer. Passes 5-0.
7. Update on Continuation of a Public Hearing – Notice of Intent – Dana DiLisio, 100 Swampscott Road, Salem, MA 01970 – Construction of a 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 provides an update stating that they received a special permit for a non-conforming use to allow electric go-carts, and the hours are restricted, and no music will be allowed. She adds that they will come back to the commission on July 24 and the plans have only changed slightly and there will be no gasoline storage area, but they will need permission to culvert the stream.
Cornacchio suggests having a peer review.
8. Discussion of project at Dominion Power Station that received a Negative Determination of Applicability – The Determination has expired but the work has not been completed. The applicant’s representative is asking for permission to proceed with the previously approved work since the scope was determined to not be subject to the Wetlands Protection Act.
Cornacchio recuses himself and Glidden replaces Cornacchio as Chair for this issue. Hamilton also recuses herself.
Steve Damiano, Senior Project Manager, Environmental Scientist, from TRC Environmental speaks about his project and states that they will use a boom as a precautionary measure. He says that there was a filing for a Determination over 3 years ago, but that the work is maintenance activity. He asks that the commission make the determination that this project complies with the exemption and therefore would not need to re-file a RDA.
Glidden confirms that there is not a formal process that finds that a project is exempt.
Duques states that typically if a project is exempt she requests that the property owner submit a letter to her stating the activities which she reviews and then follows up with a letter agreeing that the activity is exempt, cites the WPA, and issues a notice to proceed.
Glidden states that he is fine with this. Summer and Blier agree.
9. Potential encroachment onto land owned by the Salem Conservation Commission off of Highland Avenue
Duques states that she hasn’t approached the property owner but asks the members if she should send the owner a letter requesting a site plan. She shows the aerial photograph.
Glidden suggests sending a letter indicating that there is a possibility that he is trespassing on city property. He adds that she should inquire about the city being willing to conduct a survey prior to writing the letter.
Summer says that if there is a minimum set back requirement for the pool, the onus might lie with the property owner to get the survey.
Duques agrees to complete some additional research and will then update the Commission and potentially follow up with a letter to the property owner if it appears that there is trespassing.
10. Request for a Certificate of Compliance – DEP #64-388 – Lionel Pelletier, 7 Brooks Street – Construction of a single family home, driveway, and associated utilities
Duques shows the as-built and the approved plans and reminds the members that the finished driveway is curved and the approved one was straight. She adds that the shape of the house changed, and they landscaped the berm.
The members agree to issue a Certificate of Compliance.
11. City of Peabody Flood Mitigation Project
Duques states that there are 3 projects, 2 in Peabody and 1 in Salem, and there will be widening of the North River, up to 38 feet, from Howley Street to Grove Street. She adds that the project falls under Army Corps of Engineers 205 program, and is being peer reviewed by Woodard and Curran.
Glidden states that this work might cause the Salem end of the river to have more flooding.
Duques states that they will start with area #2 and then do area #1 and, at some point, get to area #3. She agrees to draft a letter for the Commission to review before the comment period ends on August 15, 2008.
12. New Member, Rebecca Christie
Duques advises the members that the new member, Rebecca Christie will begin at the next meeting, and she would like to buy her a handbook at the cost of $67. The members agree to this.
Duques states that the annual MACC membership dues is $332. The members agree to this.
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Glidden: Motion to adjourn, seconded by Blier. Passes 5-0.
The meeting is adjourned at 8:00 PM.
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