Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, September 25, 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 Pabich
Members Absent: Rebecca Christie
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Chairperson Cornacchio calls the meeting to order.
1. Approval of Minutes – July 24, 2008 Meeting
Voting members are Cornacchio, Blier, Hamilton, and Pabich.
Pabich: Motion to approve the minutes, seconded by Hamilton. Passes 4-0.
2. 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 Keith Glidden did not attend the last hearing, but listened to a recording and signed an affidavit, which qualifies him to vote on this issue. He adds that a site visit was held on August 26th.
Engineer Chuck Faia states that there have been some design changes as a result of the site visit. He explains that they were able to narrow the width of the track by 10 feet and install a smaller building and move the track closer to Robinson Road, which reduced the filling to 600 feet, and reduce the wall to about 4 feet in height. He adds that they will install a half-pipe instead of a full pipe and a box culvert from the parking area to the headwall (36”WX30”H). Faia says that there will be 195 feet of box culvert at 2.6% with an open bottom, and the size of the 2/1 replication has not changed (1250 ft).
Bill Manual from Wetlands and Land Management confirms that he submitted photo evidence on 4 different days showing that the stream was in a no-flow condition, which overcomes the presumption that this is an intermittent stream.
Cornacchio asks if all of the go carts will fit in the storage shed overnight, and Faia says that they will.
Faia says they will use pre cast block, made off-site for the retaining wall.
Pabich asks if there will be a curtain on the siltation fence for the replication and the wall construction.
Manual says they will install a siltation fence along the perimeter of the wetland area, in the water if necessary, but if the project is well-timed it can be build while it is dry.
Pabich states that he would like to have that as a condition that all of the work be done in the dry.
Cornacchio asks if they can get started right away, and Dana DeLisio states that he can, and he would like to be finished before the leaves fall.
Blier asks how the box culvert terminates when it meets the bridge.
Faia states that there is a headwall there.
Cornacchio confirms that they will leave the big willow tree.
Pabich asks if the landscape plan is completed.
DiLisio states that he doesn’t have a landscape plan yet but there will be a crushed stone parking lot and he will continue the landscaping to be consistent with the existing landscaping, and he anticipates keeping as many junipers as possible.
Cornacchio state that DiLisio has done a beautiful job on the landscaping and he has faith that he will continue that. He asks if there will be access to the culvert.
Faia states that there will be a manhole and a catch basin near the wall near Swampscott Road and at the corner of the crushed-stone parking area a catch basin and a manhole.
Cornacchio asks if a maintenance plan has been designed.
Faia states that a maintenance plan has not yet been completed but it could be done. He says the manhole will be specially made. He says there will be a butt-nosed grate.
Pabich asks if they will block the 24” downstream culvert.
Faia states that during construction they will install a temporary 24” pipe.
Pabich states that they will have to deal with a storm event by isolating it by plugging it downstream.
Manual states that they will do a sandbag dam and a pump-around if there is a flow condition.
Pabich says he would like them to install the upper headwall first to they can completely stop the flow.
Manual states that if there is flow the best thing would be to put a temporary pipe at the streambed.
Pabich states that they should have that in for the entire project.
Manual agrees that they will isolate that work area.
Glidden suggests having a pre-construction site visit.
Pabich agrees that they should have the condition that the contractor lay out a plan for construction, which includes how they will isolate the streambed.
Duques states that the building inspector says they don’t need a permit for walls 4 feet or less but if the land behind the wall slopes upward to higher than 4 feet they will need a permit.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Pabich. Passes 5-0.
Hamilton: Motion to issue an Order of Conditions, seconded by Pabich. Passes 5-0.
Duques reviews the conditions:
· Isolate the work area.
· Provide the scope of work, work plan, and timetable to the Conservation Agent at the pre-construction meeting.
· Contractor to provide description of culvert work prior to start of construction.
· Complete all the work in the dry.
· Provide an annual maintenance schedule.
Pabich asks if all of the excavated materials will be used on site and Faia says that they will.
Duques states that all fill must be clean fill.
3. Public Hearing – Request for Determination of Applicability – Dominion Energy Salem Harbor Station – 24 Fort Ave, Salem, MA 01970
Cornacchio recuses himself and David Pabich takes the Chair.
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the construction of a memorial located within the buffer zone to a coastal bank and an area subject to flooding at 24 Fort Avenue.
Jeff Tucker with Siemasko and Verbiage presents the design plan and states that there is an outlet channel next to the administration building and there is a man-made jetty with a rip-rap wall. He explains that a number of large junipers will be removed along with the benches, and replaced with some granite edging and stone dust, red oaks, bayberry, rudbeckia, sedum, and golden rod. He states that the men will install the pavers with the help of the mason, and they wish to have the park ready for the 1 year anniversary of the accident.
Duques states that Dominion spoke to her to get a head start on some of the minor repairs to get ready to proceed with the work, and she allowed them to do some preliminary work.
Blier asks if the cobblestone surface is set down and Tucker states that it will be recessed slightly but then picked up a bit and pitched. Tucker adds that all of the soil will be contained by the cobblestone curb.
Pabich asks if an LSP is necessary if the soil is contaminated.
Rob DeRosier states that there has not been any work done in that area at all and it is unlikely that there is any contamination there.
Pabich opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Hamilton. Passes 4-0.
Duques recommends issuing a -3 determination with the conditions for spill kits and erosion control measures.
Glidden: Motion to issue a -3 Determination subject to having spill kits on site and practicing erosion control measures, seconded by Hamilton. Passes 4-0.
4. Public Hearing – Notice of Intent – Rich Brennan, 429 Lafayette Street, Salem MA 01970
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the repair of an existing seawall located along a Coastal Bank and on Land Subject to Coastal Storm Flowage at 419 Lafayette Street.
Cornacchio states that there was a site visit at this location today at 5:00 PM.
Rich Brennan states that his parents own this property and the corner of the wall was repaired about 9 years ago using granite and it held up well, but the cement has failed and the round stones are falling out. He clarifies that there are no washouts on the lawn, and they can see the silt fence through one of the holes in the wall. He add that he would like to repair, in kind, the section that they replaced in ‘97-‘98, and that he will use more granite blocks and a poured concrete cap in top.
For the restoration, Brennan states that he will excavate 30 feet along the wall, and that all work will be on the landside, and he will not touch the grass. He explains that a small excavator can reach the area of work by passing along a driveway that goes down to the top of the wall. He adds that the excavator is in good shape and it doesn’t leak.
Cornacchio states that he wouldn’t want a hose burst down there and Brennan agrees.
Brennan states there is another section that has lost its integrity. He points out the area on the plan
Cornacchio suggests the conditions that all of the material be present before beginning the work, and that he hold the banking in place with the fabric.
Pabich asks what they will do for a footing.
Brennan states that will dig down to the hard clay bottom and fill with heavy crushed stone. He adds that it is a porous wall. The tallest section of repair is 6.5 feet and at high tide there is 4 feet of water there and 5.5 feet at the corner.
Cornacchio asks if he owns spill kits.
Brennan states that he keeps a kit in his truck.
Duques asks how many tide cycles the open wall will be exposed to after removal of the original blocks.
Brennan states that they might be exposed to 4-8 high tides. He says they will put more fabric in between the porous fill and the tight fill. He adds that there is no organic material under the wall and no organic material in the fill, and they will toe-in the bottom coarse and it will hold tight.
Cornacchio asks if the DEP has reviewed this.
Duques says that they have reviewed it and she suggests that Brennan send some plans to them.
Pabich asks if there is a Chapter 91 license on this wall and Brennan says that there is.
Pabich expresses concern about protecting the grasses.
Brennan states that they won’t even be out to that area, and he will not even dig out to that area.
Glidden states that that material flakes off after the rocks are removed so he might need to put plywood there temporarily.
Brennan says that he could put some planks against it and stake them in with a stone against the planks.
Pabich asks how long the excavation will be open.
Brennan states that they should get to the stone footing on the second day, and by the end of the second day they should be back up.
Pabich states that the whole open face of soil should be covered with fabric.
Brennan states that he wants to get it done before winter.
Duques asks about the stairs.
Brennan says that it is only two steps and it is the only area that requires him to go outside of the wall. He adds that he would like permission to fix those by resetting them in place.
Duques asks about the area where the boat launch rail is.
Brennan says that there was a dead man in the yard used as an anchor to haul boats out of the water.
Cornacchio says that he should remove all of the metal parts from that area.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Pabich.
Cornacchio states that they have no DEP number at this time.
Pabich suggests discussing the special conditions now, and then take it up at the next meeting as old business.
Duques reviews the special conditions:
· The work will be completed during low tide cycle only.
· Spill kits will be on equipment throughout the duration of the project.
· The applicant will use high-grade cement.
· All work will be completed from the landside.
· All material shall be on site prior to the start of work.
· The applicant will protect the sea grass.
· All steel pieces will be removed and properly disposed of.
· Exposed soils will be covered with filter fabric prior to the tidal cycle.
· All stockpiling will be outside of the buffer zone.
5. Public Hearing – Request for Determination of Applicability – City of Salem School Department, Salem, MA 01970
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss resurfacing of existing tennis courts and replacement of a fence located within the buffer zone to Bordering Vegetated Wetlands at 77 Wilson Street.
Vesna Maneva, consultant and landscape architect, states that the tennis court is one of the projects that was originally in the scope of work in the renovations of Salem High School. If funds are still available for the renovations of the courts the project will move forward. She says that the condition of the pavement is not good and they need to restore the tennis court within their original footprint. She adds that they will replace the pavement, and surround the court with a new chain link fence and leave the existing lighting. Maneva states that the runoff from the tennis court currently flows toward the wetland and there is a ridge in the courts which results in puddles on the courts. She explains that they will change the grade by raising up the side of the courts closest to the wetlands. The
project entails grinding down the pavement and recycling it using to as a base. She says that they will use a perforated drain pipe in a crushed stone trench.
Duques shows the aerial view of the wetlands and says that it is not connected to an intermittent or perennial stream.
Cornacchio states that the outfall falls into the WS1.
Civil Engineer Andrea Tavares states that the drainage trench will be 2.5 foot deep with crushed stone and a pipe that is fully perforated around the entire pipe.
Blier asks if the west edge will be pitched higher. Maneva states it will be pitched higher in the west end and will slope towards the east
Pabich asks if there will be a silt fence.
Maneva states that there will be a silt fence and hay bales.
Glidden asks about the deconstruction of the structure, if there is any contained liquids.
Maneve states that she is not aware of any. She adds that they are trailers that can be removed from the area.
Duques recommends issuing a -3 determination.
Cornacchio opens to the public. There are no questions or comments.
Pabich: Motion to close the public hearing, seconded by Glidden. Passes 5-0.
Pabich: Motion to issue a -3 determination, seconded by Glidden. Passes 5-0.
Pabich states that all of the stockpiles must be outside of the buffer zone.
6. Public Hearing – Notice of Intent – City of Salem, 120 Washington Street, Salem, MA 01970
Cornacchio recuses himself from this issue and gives the chair to Pabich.
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the dredging, installation of piers and docks, and development of a terminal building within buffer zone of Coastal Bank at 10 Blaney Street.
Ron Bourne from Bourne Consulting states this project has been in the public, and the major element is the conversion of this property one which houses commercial terminals and commercial vessels. He describes the boardwalk and parking area, and states that the Salem Ferry will be relocated and incorporated into the pier construction. He says that the main pier will be used for large vessels, and space along the edges for smaller vessels (100-125 feet), on the lower side the Salem Ferry. He explains that the main result will be to have multi-vessel berthing on each side, and a terminal building with office space and public bathrooms and meeting space for off-season use. He states that a stub of the existing pier will be left for public access as a fishing pier. Bourne acknowledges that with the installation
of the parking lot, a large substantial of the property, which is now gravel, will become impermeable, and a stormwater collection system will be added.
Environmental Specialist Alyssa Richard describes the stormwater plan and explains that snow storage will be on the upland side of the site. She adds that there will be a four-step construction plan for the erosion control system and a final phase of dredging. She describes each phase:
· Phase A: The whole wall, which is rip-rap, will be brought up to the same grade in sections, with silt curtains coming up and meeting up with the hay bales.
· Phase B: The off shore work, the harborwalk, with siltation curtains
· Phase C & D: Containing the entire site on the up-shore end with hay bales and siltation fence all along the property line. Phase D will need its own squared off area.
· The timeline for construction is not set yet, and they can run a couple of phases at the same time.
· Phase E: Dredging
Richard describes two other environmental concerns:
· This is not mapped for shellfish but some were found so they will follow the dredge line to survey for shellfish.
· They will survey for eelgrass even though it has not been detected
Blier asks if the new wall will wrap both sides.
Bourne states that a concrete bulkhead will exist along the entire perimeter of the site. He points it out on the plan, stating that this site is very tight and they must keep within the site. He adds that the circle must be a sufficient size for emergency vehicles. He explains that a pile foundation would be very difficult so the building would be built on a footing-type structure.
Pabich asks if the construction would be on top of the riprap and Bourne says that they will need to take some of the rip-rap down first. He adds that they will be working in the inner-tidal zone.
Pabich asks if there are contaminants or hazard on this site.
Bourne says he is not aware of any, but there will not be a lot of material going off site. He adds that they will need fill to do the grading.
Pabich asks if they need to check it before they dig it, and Bourne says not that he is aware.
Pabich says the signature of the property owner is not on the application.
Bourne states that Dominion is aware of this project and will have it signed.
Blier asks if the parking lot is flush with the boardwalk.
Bourne states that the wall will be 6” high than the parking area. And the boardwalk is slab, and there will be a final plan brought back.
Blier expresses concern about the snow storage plan.
Bourne says there is an opportunity to use this lot for boat storage during the winter, so there is a chance that this will not need to be plowed at all. He adds that the trees will be in planters that are movable.
Glidden asks about trash management plans and Bourne says that there have been no plans yet and the city will do that.
Pabich states that the condition should be that any plans should be reviewed prior to start of the project.
Pabich states that this hearing should be continued.
Duques states that they are covered by the standard order of conditions that any changes must come back to the commission. She confirms that there is a maintenance plan.
Pabich asks if the dredging plan will be presented later.
Bourne states that it would be done in accordance with the US Army Corps of Engineers.
Hamilton asks about the sewer line, and Bourne states that it will be in support of the commercial vessel pumpout. Hamilton asks how the vessels will be refueled and Bourne says that trucks will be able to drive onto the pier to fuel the vessels directly, which will eliminate on-site storage issues.
Duques asks about the timber wave barrier.
Bourne states that the exposure can be rough during the winter so there will be a barrier under the pier, that runs -6 along the length of the pier to lessen the impact of the waves.
Pabich confirms that there will be an annual maintenance plan.
Richard states that the maintenance plan is in the packet and it will be submitted to the commission every year.
Hamilton asks if there is a detail for the oil/water separator and Richard says that it is on sheet 3. The members review this plan.
Pabich opens to the public. There are no questions or comments.
Hamilton asks about the off-line oil/water separator, and Bourne states that he will have to take it back to the designer to check.
The members agree to a site visit on Saturday, October 4, at 9:00 AM.
Glidden: Motion to continue to October 9, 2008, seconded by Blier. Passes 4-0.
7. Public Hearing – Notice of Intent – DEP #64-479 – US Coast Guard, Civil Engineering Unit, Providence, RI
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the excavation, removal and disposal of lead impacted soil, backfilling and re-seeding within the buffer zone of a Coastal Bank and Land Subject to Coastal Storm Flowage on Bakers Island.
Al Stambler, coast guard civil engineer, explains that they tested for several contaminants and found lead above the EPA allowable level, so they will remove contaminated soil, and bring in clean soil. He adds that the source of the contamination (lead paint on the assistant keeper’s quarters) will be removed first, then they will excavate around the remaining structures a maximum of 12 inches.
Contractor John Palmer of Charter Environmental states they will remove the paint from the assistant keepers quarters with chemicals, then neutralize, prime and repaint the structure. He adds that the contaminated soil will be excavated, placed in a sealed cubic-meter bag, removed from the island and disposed of properly. He says that he anticipates the total removal of 1200 cubic yards of contaminated soil. He explains that a shallow-draft barge will be parked off shore in at least 2 feet of water, and truck will drive to the platform over a wooden road (crane mats). He states that the soil will be placed in bags and tied shut and immediately removed, so there will be no stockpiling of soil. He adds that they will backfill as they go along, and erosion matting will be used in steep areas, and they will spray with
seawater for dust control.
Cornacchio reads the following letters into the record:
· Dated September 25, 2008, from Matthew Roberts
· Dated September 24, 2008, from Doris and Richard Abbe
Stambler agrees to research both of the letters and obtained copies of both letters.
Pabich states that the property lines should be on his plan.
Cornacchio opens the public.
Robert Levins, a direct abutter, with an address at 385 Magnolia Ave, Gloucester presents a copy of all of his comments for the record. He states that he is the president of the Baker’s Island Lighthouse Preservation Society (BILPS) 5013C, but is speaking tonight as an abutter, not on behalf of the BILPS.
Levin reads his comments which include:
· The applicant cannot confirm the ownership of subject property. Records do not exist in the registry of deeds. Therefore they cannot insure the work.
· There is anecdotal evidence that there is mercury on the site, dumped there in the 1970s.
· The application is incomplete.
· The Massachusetts standard for lead is under 300 parts/mil and the applicant will remove the lead down to 400 parts/mil. This is insufficient.
Levin requests that the commission continue this hearing until these issues are resolved. He states that he can tell the coast guard exactly where the boundaries are and why their information is wrong.
Stambler states that archeological study has been completed and they have found nothing. He adds that they can check other areas for mercury including the area where the spill is believed to have taken place.
Levin states that he doesn’t know where the spill is.
Stambler states that if they find it they while they are working they will remove it.
Cornacchio states that one of the conditions would be to have and LSP on site and there should be mercury test kits.
Palmer states that his firm has the proper training, and they will be able to detect the mercury and remove it and properly dispose of it.
Stambler states that EA will be the LSP on the site and they will have monitors for mercury.
Palmer states that the project will take 8-10 weeks.
Pabich states that he would like to see the plan contain a clear description of how they will protect, clean, and re-vegetate the access area.
Cornacchio says that a dry decon. area will be required and Palmer agrees to comply.
Peter Golden of 131 Nichols Street, Wilmington, asks about the time frame.
Palmer says they will work in October/November and if that isn’t possible, then in March.
Ruth Buck of Nutter Road in North Reading, asks about the lead on the inside of the house and Stambler says they will not touch the inside of the house.
Betsy Weir of 84 Federal Street, Newburyport, director of BILPS, says that she is not speaking for the BILPS, but as a resident of Baker’s Island. She states that she reviewed the application and found a number of omissions. She asks the size of the concrete blocks.
Palmer states that they are 2x3 feet and interlocking. He adds that there will be a fabric on the beach and the blocks will go around that and then crane mats on top of that, beside the stairs.
Weir says that it appears that they will be on the coastal bank.
Pabich agrees that there is an omission in the application and he will request that for the next meeting.
Cornacchio asks if they considered using the on-site well and Palmer says no, he intends to use the seawater.
Weir asks if the local historical commission has reviewed this.
Stambler states that they have and their comments were submitted.
Duques suggests providing those for the next meeting, along with the archeological results.
Stambler submits copies of letters to Duques.
Margery Golden of Northern Avenue, Beverly, asks when they will have the site visit.
Cornacchio says they must first secure transportation.
The members agree to schedule the site visit on Saturday, October 4 at 10 am, following the Blaney Street site visit.
Blier: Motion to continue this hearing until October 9, 2008, seconded by Pabich. Passes 5-0.
8. Pubic Hearing – Notice of Intent – Shelly Bisegna, North Shore Medical Center, 81 Highland Avenue, Salem, MA 01970
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road.
Engineer Scott Patrowicz says that this land is technically owned by the city and the application is not yet signed by the owner. He explains that there was a problem with a helicopter landing there and the helipad must be expanded. He adds that some vegetation has been cleared to allow the helicopters to land. He states that the plan calls for the expansion of the helipad and removal of some of the surrounding vegetation. He explains that the details of the project have not been settled but he would like to have the commission schedule a visit the site. He adds that this is an incomplete application, but he will have more information before October 9th.
The members agree to have a site visit on October 9, 2008, at 5:00 PM.
Cornacchio opens to the public. There are no questions or comments.
Glidden: Motion to continue this hearing until October 9, 2008, seconded by Pabich. Passes 5-0.
9. Public Hearing – Notice of Intent – John and Matt Guinta, 15 Wenham Street, Danvers, MA 01923
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the abandonment of an existing septic system and construction of a new system located within the buffer zone to bordering vegetated wetlands at 117 Highland Avenue.
Engineer Scott Patrowicz points out the area of work on the plan and states that they will put in a grinder pump and then pump the waste into the city sewer system. He adds that he would like to schedule a site walk.
Cornacchio asks if there is an existing chamber.
Patrowicz states that it must be popped, pumped, cleaned, crushed at the bottom, cleaned again, and then filled in with clean sand. He adds that this procedure is under the jurisdiction of the BOH.
Pabich states that the city should be on the application.
Patrowicz states that he isn’t sure about that.
The members agree to have a site visit on October 9, 2008, at 4:30 PM.
Cornacchio opens to the public. There are no questions or comments.
Hamilton: Motion to continue this hearing until October 9, 2008, seconded by Glidden. Passes 5-0.
Old/New Business
10. Request for a Certificate of Compliance, DEP #64-346, Salem State College residence hall and outfall pipe project at 71 Loring Avenue, Salem, MA
Duques tables this issue until the next meeting.
11. Request for a Certificate of Compliance, DEP #64-403, 2 Smith Avenue, Salem, MA
Duques states that they are in compliance with the NOI.
Pabich states that he doesn’t believe that they asked for permission to replace the timber wall with a granite wall.
Duques cites a letter requesting a change.
Glidden: Motion to issue a Certificate of Compliance, seconded by Pabich. Passes 5-0.
12. Request for an extension DEP#64-404, 1 Smith Ave
Glidden: Motion to issue an extension, seconded by Pabich. Passes 5-0.
13. Request for a Certificate of Compliance, DEP #64-323, 12 Almeda Street, Salem, MA
Duques states that this was deferred to DEP because it was appealed.
14. Request for a Certificate of Compliance, DEP #64-382, 12 Almeda Street, Salem, MA
There is some question about the verse-a-lock wall.
Glidden suggests that we have them into the next meeting.
15. Request for a Certificate of Compliance, DEP #64-445, South Essex Sewerage District, Harmony Grove Road, Salem, MA
Duques tables this issue until the next meeting.
16. Discussion of the condition of Anderson’s Pond located off of Highland Avenue, behind Run-A-Muck Day Care
Duques tables this discussion until the next meeting.
17. Purchase of “No Dumping” Signs for the end of Intervale Road
Duques asks the commission to release funds for these signs. She asks them for advice about the language of the sign.
Glidden states that there is a state ordinance, and she should check with the state first.
…
Glidden: Motion to adjourn, seconded by Pabich. Passes 5-0.
The meeting is adjourned at 10:25 PM.
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