MINUTES
Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, July 24, 2008, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chairperson Kevin Cornacchio, Michael Blier, Rebecca Christie, Amy Hamilton, David Pabich
Members Absent: Keith Glidden
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Chairperson Cornacchio calls the meeting to order.
1. Approval of Minutes – July 10, 2008 Meeting
Voting members are Cornacchio, Hamilton, and Blier.
Hamilton: Motion to approve the minutes, seconded by Blier. Passes 3-0.
Cornacchio welcomes a new member of the Commission, Rebecca Christie, and states that he hopes that she will stay for 20 years.
2. Continuation of a 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.
Cornacchio states that Christie and Pabich listened to a recording of the previous public hearing and signed an affidavit, which qualifies them to vote on this issue, per the Mullin Rule Waiver.
Attorney George Atkins, representing the owner, describes the plan and states that the proposal is to remove the marine timbers and the remainder of the old runway, and the pier and 30+ pilings associated with that pier. He adds that the pier will be replaced with two removable floats.
Engineer Peter Ogren from Hayes Engineering states that the old pilings have creosote so it will be good to have those removed.
Cornacchio asks about the two steel piles.
Owner Fred Atkins states that they are wooden piles and they will remain. He adds that 8 new pilings will be added to support the removable floats.
Pabich asks how the rail system is attached. He asks if the rails are suspended above the mud at the end.
Ogren says they might go below the mud.
Blier asks if there has been any change to the strategy for removing the pilings since the last meeting.
Ogren states that the plan has not changed.
Cornacchio asks about the plan for disposal of the creosote.
Fred Atkins states that he will find someone to dispose of it properly.
Cornacchio recommends Waste Management or North Side Carting for the disposal.
Ogren states that a barge will be used to house the removal equipment in order to reach the outer pilings.
Cornacchio opens to the public. There are no questions or comments.
Pabich states that if there is any type of resistance and they needed to get into anything more extreme for the removal of the piles, they need to contact the commission first.
Cornacchio agrees and suggests making that a condition.
Pabich: Motion to close the public hearing, seconded by Blier. Passes 5-0.
Pabich: Motion to grant an Order of Conditions for the removal of the railway and the removal of the dock and piles with the recommended conditions.
Duques reviews the conditions, which are:
· The applicant will contact the commission if they find that a more extreme removal procedure is required.
· Replace piles in kind.
· Spill kits will be on site throughout the construction.
· The removed material will be properly disposed off site.
The motion is seconded by Blier. Passes 5-0.
3. Continuation of a Public Hearing – Notice of Intent DEP #64-472 – 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 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.
Cornacchio states that Christie and Pabich listened to a recording of the previous public hearing and signed an affidavit, which qualifies them to vote on this issue, per the Mullin Rule Waiver.
Engineer Chuck Faia presents the plans for the project.
Wetland Scientist Bill Manual reviews the current conditions for the “Castle Creek Adventure Land”, which includes miniature golf. He states that he flagged the wetland resource areas and points out those areas on the plan. He says that the intermittent stream has a watershed area of less than ¼ mile. He presents recent photos of the stream in a no-flow state as proof that this qualifies as an intermittent stream.
Manual describes the plans for the go-cart track using electric powered go-carts, which require no gas and make no noise. He states that they will alter a small portion of the isolated wetland, but they are incorporating a retaining wall. He adds that they are digging out about 1250 square feet of wetland and salvage any plant that they can and relocate them, and then replace the dead plants. He says they have applied the performance standards as if this is BVW, even though it is out of state jurisdiction.
During the work process, Manual says they will use sand bags and a pump-around. He states that the habitat value of this area is low because there are no banks. On the parking lot, he says they are leaving the surface gravel and installing a catch basin swale.
Cornacchio asks if there is concrete pipe in the center of that.
Engineer Chuck Faia says that they cleaned it up and removed the pipes many years ago.
Cornacchio asks what material will be used for the pipe.
Faia says they will use 24” reinforced concrete pipe and all of the fill will be crushed-stone gravel.
Duques asks where the photos were taken.
Owner Dana Dilisio points to the areas on the plan where the photos were taken, upstream from the foot bridge.
Duques says that DEP sent a letter stating that the project cannot be permitted as proposed because it does not meet Performance Standards for 310 CMR 10.54 and that the stream shows as perennial on the USGS map. She explains that DEP may deny this project but that the Salem Conservation Commission can make an independent conclusion and ruling based on the photos and observations made in the field.
Manual explains why this stream will not be considered perennial.
Pabich asks if they wish to fill this only to pick up 25 parking spaces to meet the zoning requirements.
Dilisio says that is correct and that he needs the additional parking.
Pabich states that they might be able to get the parking spaces that they need by being more creative.
Manual says that there is also a ditch that reeks havoc with the site and there is a trash issue and an invasive species issue.
Blier asks if there is flow and ponding on the area.
Manual says no.
Blier asks what kind of infiltration will be allowed.
Manual says they will leave the gravel to allow for future infiltration.
Cornacchio says that if left for a period of time, this area will fill in anyway with invasive species.
Faia says that this does not resemble a ditch because the pitch is very gradual.
Dilisio says they will take down 4 trees, and he got permission at the last meeting to take those down. He adds that he plans to replace them, and he will gain parking when he removes them.
Duques asks if they looked at other alternatives to use ½ of a culvert to leave the existing bed of a stream.
Manual says that the 180-foot pipe will deter any travel through because the animals cannot see the other end of it. He adds that the ½ culverts are generally used for pipes that span a shorter distance.
Duques asks if there are any alternatives to create parking spaces.
Manual says that the ditch is the only place that is available that works with the existing parking. He adds that they will see that this is the logical choice when they walk the property.
Duques states that the DEP requests soil data.
Manual says that he can tell what it will be, historic granular fill.
Hamilton asks the slope of the pipe to be installed.
Faia says that it is 3.2%.
Pabich asks if they will provide details on the construction technique on the retaining walls.
Manual says that they can provide it.
Duques states that it is in the report and presents the page to Pabich for review.
Pabich says that he would like a discussion of how they will actually do the work.
Blier asks if the backside of the wetlands comes up and eventually meets.
Faia says that he put the wall higher than the track and then a fence will sit on top of the wall. He adds that the ditch was an intermittent stream at the time of the original filing.
Cornacchio asks the board if they would like a peer review, and the member agree to make that decision at the site visit. Cornacchio says that the next meeting is September 11.
Duques suggests scheduling the site visit early to decide if a peer review will be necessary. She adds they can make the peer review decision now, conditioned upon the site visit.
Cornacchio opens to the public. There are no questions or comments.
Pabich expresses concern about altering the grade of the ditch by installing the pipe.
Hamilton suggests using a corrugated pipe.
Blier raises the question of the hydrocarbons coming from the cars and transferring down through the gravel.
Manual states that they are 6-7 feet above the water table and the travel time will impact that infiltration.
The members agree to have a site visit on August 26 at 6:00 PM.
Blier: Motion to continue this item until September 11, seconded by Christie. Passes 5-0.
Old/New Business
4. Peabody Flood Mitigation Project
Duques states that she drafted a letter from the Conservation Commission to Secretary Bowles. She distributes the letter for the members to review and states that comments are due August 15 for the project.
The members make suggestions for items to add to the letter.
5. Certificate of Compliance - 45 Valley Street
Duques says that the original owner claims that all of the work has been done and the new owner has already begun to re-grade the site. She suggests issuing the certificate to the seller, and she agrees to contact the new homeowner.
The members agree to issue a Certificate of Compliance.
6. Dumping at the end of Intervale Road
Duques states that Richard Rennard will have someone clean that up on Friday July 25 and possibly Saturday July 26.
7. Elect a Vice Chairman
Cornacchio suggests putting this off until September 11 and at that have the annual election for Chairman as well.
…
Pabich: Motion to adjourn, seconded by Christie. Passes 5-0.
The meeting is adjourned at 8:00 PM.
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