Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, December 11, 2008, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chairperson David Pabich, Rebecca Christie, Michael Blier, Keith Glidden
Members Absent: Kevin Cornacchio, Amy Hamilton
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Chairperson Pabich calls the meeting to order.
1. Approval of Minutes – October 23, 2008 Meeting
Glidden: Motion to approve the minutes, seconded by Blier. Passes 4-0.
2. Public Hearing – Request for Determination of Applicability – John Keenan, 68 Dearborn Street, Salem, MA 01970
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the rebuilding and expansion of an existing concrete pool deck and re-build a wooden deck and stone wingwalls connecting to the existing house located within a Riverfront area at 68 Dearborn Street.
Engineer Scott Patrowicz states that they first filed for clearing and cleaning work and it has been complete, and now they need to rebuild a concrete deck and a wooden deck.
Duques states that the wooden deck is outside the jurisdiction of the Commission because it is an exempt activity per the Wetlands Protection Act.
Patrowicz shows the photos of the concrete deck and the pool and states that the pool is functional, and they will rebuild about 5 feet of concrete decking around the pool. He says they are requesting a negative determination.
Pabich confirms that the existing deck will be removed with a bobcat. He asks about the plan for the excavate.
Patrowicz states that it will be moved back to another area.
Pabich states that proper housekeeping must be done and the excavate must be brought up and out of the buffer zone. He adds that this is a flat lot.
Glidden recommends a -3 determination.
Pabich opens to the public. There are no question or comments.
Duques recommends a -2 since the activity is located within a resource area, land subject to flooding, with some conditions.
Pabich: Motion to close the public hearing, seconded by Christie. Passes 4-0.
Glidden: Motion to issue a -2 determination with the condition that all excavate be placed outside of the buffer zone, seconded by Christie. Passes 4-0.
3. Continuation of a Public Hearing – Notice of Intent – DEP #64-482 - City of Salem, 120 Washington Street, Salem, MA 01970
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.
Pabich states that he has a letter requesting a continuance.
Glidden: Motion to continue this public hearing until January 8, 2009, seconded by Blier. Passes 4-0.
4. Public Hearing – Abbreviated Notice of Resource Area Delineation – Camp Lion of Lynn Mass., Inc. Salem MA 01970
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is for a determination of a delineated wetland boundary line at 488 and 488 Rear Highland Avenue.
Terry Gensel from ENSR/AECOM presents the abutters cards and describes the project, which is for an ANRAD. He adds that there is no proposed work at this time, and they only wish to delineate the boundary of the wetland, for the Purchase and Sale Agreement. He says there may later be a Notice of Intent. He states that the channel is very narrow and there is a lot of outcrop, and water at the outer edge is the BVW and it flows down to the access road. He gives copies of the map to Duques and says the soils at the BVW line are upland soils.
Pabich states that there is not much here for the commission to look at and he recommends that they make a site visit.
Duques presents the wetlands map and points out the location of the intermittent stream. She asks if he is looking to have the intermittent stream classified as a wetland.
Gensel states that he wishes to have it classified as intermittent rather than perennial so there will be no surprises to the buyer or seller.
Duques states that a site visit on a Saturday would be best. The members agree to go on the Saturday, December 20, 2008 at 2:00 pm.
Pabich opens to the public. There are no questions or comments.
Glidden: Motion to continue this public hearing until January 8, 2009, with a site visit on December 20, seconded by Blier. Passes 4-0.
5. Pubic Hearing – Notice of Intent – Hawthorne Cove Marina, 10 White Street, Salem, MA 01970
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the construction of a one-story building and associated utility work located within land subject to coastal storm flowage at 10 White Street, Hawthorne Cove Marina.
Susan St. Pierre of Vine Associates speaks about the Marina, off of Derby Street, containing 110 slips, with several outbuildings and trailers, and various utilities. She says that there was a fire at the site in 2007 and the main office building was destroyed and they wish to build a new office building along the waterfront. She adds that the new office will have a slightly smaller footprint than the original, and will be pre-constructed and installed as a modular unit. St. Pierre says they will excavate down a few feet and pour a slab foundation, and a new gas line, sewer line, and water line will connect to the existing utilities. She states that there will be no changes to the storm drainage system and no changes to the sea walls, and the two buildings at the site of the original structure will be removed. She
shows images of the new structure, and states that scheduling of the project depends on financing.
Pabich states that the area of the proposed building is now gravel.
Blier confirms that the existing deck is adjacent to the proposed new site for the office.
Christie asks how this will affect the parking.
St. Pierre states that people currently park wherever they can, and that will not change.
Glidden asks how much area will be excavated.
St. Pierre states that it may go an extra foot or two around the building.
Vickers states that after the concrete dries they will use steel rods to secure the slab. He adds that they chose this type of foundation because it is impractical to put pilings there.
Glidden asks if they are aware of any contamination on site.
Vickers states that they have a clean 21E on the property.
St. Pierre asks if they wish to add the placement of the gravel on the site to the NOI.
Pabich states that it would be best to amend the NOI now.
Blier asks how the water moves across the site.
St. Pierre state that there is only one storm drain on the site and it goes to Blaney Street. She says she sees no need for additional storm drainage.
Glidden states that if they fill the low area they must be sure water flows to the storm drain rather than the ocean.
Blier asks if there are gutters on the building.
Vickers states that they are not proposed.
Blier says they might need to grade the flow away from the building.
Pabich suggests they might have the downspout flowing into a trap.
Duques asks if the catch basin has a separator.
St. Pierre states that she doesn’t think it does. She says they will be putting in a pump station for the sewer.
Pabich asks about the excavation for the pump station and the sewer line, and if there will be some erosion control in place for that.
St. Pierre suggests that they put those requirements on this NOI. She says she will place hay bales around the areas to be dug.
Blier confirms that the building will arrive in 3 sections.
Pabich opens to the public.
Carol Naranjo of 6 White Street, unit 4, expresses concern about the property values and the quality of life issues because it blocks much of the water view. She lives in the condos and this building, along with the adjacent building will block out most of the water view.
Pabich states that this board will focus only on wetland issues.
Naranjo asks if there will be another hearing.
Pabich says he doesn’t know.
St. Pierre states that there might be a Planning Board hearing.
Judy Burke of 6 White Street, unit 3, asks about the elevation of the building.
Vickers states that excluding the cupola it is a bout 16 feet tall and the other building was 20 feet tall.
Glidden asks if this needs a permit from the Planning Board, and whether they will need to change the design as a result, making it necessary for them to return to the commission.
St. Pierre says she isn’t sure why it will go to the Planning Board.
Pabich reads a letter from Alice and Delores Jordan, 97 Derby Street, dated December 11, 2008 into the record.
Michael Blier asks if there are significant street trees that might impede the transport of the modular building.
Vickers states that they will come in through Blaney Street and there may be some trees along the property line.
Pabich suggests they find out if this will be an issue.
Barbara Warren of 5 Hardy Street asks about stormwater.
Pabich states that they discussed this and it appears that they will look into gutters and downspouts for the building and there is no intent to change the grading of that site, and if they fill the low spot with gravel they will confirm to the commission that it will not cause a problem.
The members agree to have a site visit on December 20, 2008 at 3:15 pm.
Duques asks if they will amend the Chapter 91 License, and St. Pierre says yes.
Christie: Motion to continue this public hearing until January 8, 2009, with the site visit on December 20, 2008, seconded by Glidden. Passes 4-0.
6. Continuation of a Public Hearing – Notice of Intent – DEP #64-479 – US Coast Guard, Civil Engineering Unit, Providence, RI
Pabich states that there was a request to continue this hearing. He continues this item until January 8, 2009.
7. Continuation of a Public Hearing – Notice of Intent – DEP #64-481 – Shelly Bisegna, North Shore Medical Center, 81 Highland Avenue, Salem, MA 01970
Pabich states that there was a request to continue this hearing. He continues this item until January 8, 2009.
8. Public Hearing – Notice of Intent – DEP #64-484 - DeIulis Brothers Construction Co, Inc., 31 Collins Street Terrace, Lynn, MA 01902.
Pabich states that there was a request to continue this public hearing. He continues this hearing until January 8, 2009.
Old/New Business
9. Update on YMCA – 40 Leggs Hill Road project
Duques introduces the project and explains to the Commission that she and Pabich attended a site visit on December 3rd per Craig Lanouette’s request to confirm that the site conformed with the Order of Conditions. Duques noted several concerns that she and Pabich had regarding the current condition of the site.
Pabich states that the entire toe is open rip-rap at the edge of where is ties into the top of the bank.
Chris Nowak of VHB, the civil engineer for the project, states that he is not seeking a certificate of compliance yet but Lanouette is looking for sign off on the building permit (CO). He states that the original Order of Conditions covered only road for the subdivision, and then it was determined that it not was economically feasible to construct those house lots and they placed a grassy knoll there. He adds that they supplemented the large boulder material there with stone and they didn’t hydro-seed (a cellulose material mixed in with the seed) it this time because it is stone and it is stable.
Pabich confirms that the toe of the slope is open and porous, and there will be sheet flow coming into this area, which will unravel the rip-rap. He states that he doesn’t see how it is possible to vegetate this slope. He adds that the interface will be a housekeeping problem forever. He states that there should be some sort of blanket on top of it.
Much discussion ensues regarding the disparity between the Order of Conditions and the current condition of the site.
Nowak states that the product they are proposing will be blown in and fill in the voids and it has a tackifier, which prevents it from blowing away. He says that it is a work-in-progress and it was not ready for final inspection.
Pabich points out the other corner, which will flow into the resource area.
Duques calls attention to an oak stump which might block the flow.
He states that it will be fixed when he comes in for the Certificate of Compliance. He shows the as-built drawing.
Pabich says that limit of work below the overflow in the southern corner of the property should be a Z-pattern, and that the slope in this area looks steeper than the design.
Duques states that the YMCA received only a 30-day temporary Certificate of Occupancy because of her concerns.
After much discussion Pabich states that the commission can sign off on the CO.
Nowak states that he understands the commission’s concern and assures the members that the situation will be rectified.
9. Commissioners to review letter to property owner at 289 Derby Street
Duques presents photos and says the Order of Conditions expired in October 2004 and it needs to be buttoned up, but the site is as stable as it can be, and they might consider using that land as a staging site for the Harborwalk project. She says that they will wait and see where things go, but they can remove the silt fence now.
Pabich agrees that the site looks stable.
10. Request for a Certificate of Compliance, DEP #64-383 – Ward Two Social Club of Salem, Inc., 1-3 East Collins Street
Duques states that she visited the site today and they are not yet ready.
11. Request for a Certificate of Compliance DEP #64-406 – Loring Avenue Water System Improvement Project
Duques recommends that they issue a full Certificate of Compliance.
Glidden: Motion to grant a full Certificate of Complaince, seconded by Blier. Passes 4-0.
12. Request for an Extension to an existing Order of Conditions – 220 Highland Avenue
Duques states that Tropical Products purchased the project and she has been working with Ed Burman and the site looks great. She adds that they took out a lot of poison ivy, and they cleaned the catch basins, and they are requesting an extension. She says that Ed Burman will monitor the basins and report to the commission every year. She recommends a 3-year extension.
Glidden: Motion to grant a 3-year extension to this Order of Conditions, seconded by Blier. Passes 4-0.
14. Update on the Park at 15 Peabody Street Park and Harborwalk
Blier states that the drainage strategy hasn’t changed and there will still be a grassy knoll and the walkway will run on the edge of the site and the low area for drainage will be in the middle. He shows the elevations, and explains that the cantilevered walkway has been removed and the walkway will run along the edge of the water. He says that they will use stone dust for infiltration instead of some of the concrete at some points.
Duques states that the Harborwalk will be constructed of wooden piles instead of concrete, at parts of the walkway.
Blier states that most of the ground is pervious except at the plaza near Peabody Street.
Duques states that they will file a Notice of Project Change. She confirms that the run-off will still all be handled on site.
Blier states that they are using a no-mow grass mix in the low area of the park.
15. Update on Salem State College planting adjacent to baseball field
Duques states that this is on the very outer edge of the 200-foot river front area, and they will place an island area for service vehicles and install at least 2 bollards to prevent people from driving on the bike path, and they will not be planting the trees because of the budget. She adds that there is a large retaining wall and the trees will look odd for the first 10 or 15 years.
Blier states that he cannot read the plant palette. Duques reads the document.
Duques describes the construction road as a permanent access road.
Barbara Warren of 5 Hardy Street states that there is drainage (fresh water) coming off of the cap via a pipe into the wetlands where they are trying to remove the phragmites.
Pabich states that they created a spot that is trapping water. He says that the pipe comes from an area that is off of the cap. He agrees to take a look at this.
16. Exempt activities at 18 Kosciusko Street
Duques says that this is parallel to Derby Wharf and they are probably done by now.
17. Commissioners to review and adopt meeting schedule for 2009
Duques says that this doesn’t conflict with any holidays.
The members agree that this schedule is fine.
18. Public Right-of-Way Signs
Duques says that the quote for preparing designs and a mock-up has come in as “not to exceed $4500”. She adds that she is not looking for a vote tonight.
Pabich says that this quote sounds too high and suggests that she get another quote.
…
Glidden: Motion to adjourn, seconded by Blier. Passes 4-0.
The meeting is adjourned at 8:10 PM.
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