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Approved Minutes, June 26, 2008
Salem Conservation Commission
Minutes of Meeting


Date and Time:  Thursday, June 26, 2008, 6:00 p.m.
Meeting Location:       Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present:        Chairperson Kevin Cornacchio, Amy Hamilton, David Pabich, David Summer
Members Absent: Michael Blier, Joseph Furnari, and Keith Glidden
Others Present: Carey Duques, Conservation Agent
Recorder:       Andrea Bray


Chairperson Cornacchio calls the meeting to order.

1.  Approval of Minutes – June 12, 2008 Meeting

Pabich: Motion to approve the minutes, seconded by Summer.  Passes 3-0.  Voting members are Cornacchio, Pabich, and Summer.

2.  Public Hearing – Notice of Intent – 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 cleaning of multiple stormwater culverts in Land Under Water Bodies, along Coastal Banks, and within Land Subject to Flooding at locations throughout the City of Salem.

Cornacchio reads the following letters into the record:

·       Dated June 26, 2008, from Ward 7 City Councilor Joseph O’Keefe, in support of the project.
·       Dated June 26, 2008, from Ward 1 City Councilor Robert McCarthy, in support of the project
·       Dated June 26, 2008, from Fred Votta, 212 Jefferson Avenue, in support of the project

David Knowlton provides an overview of the project stating that he hopes to make it an annual effort and he would like to have an approval for continuing work.

William Ross with New England Civil Engineering provides a document describing the nature of the work.  He states that there are approximately 40 areas requiring work, and those marked in blue (22) need hydraulic maintenance.  He adds that the 3 catagories of activities are: (1) carry in carry out, (2) vacuum excavation, and (3) clearing and excavation within the resource area.

David Knowlton states that they might bring prisoners in for the labor.

Cornacchio says he would like the work done during a low-flow time frame.

Duques states that they will notify only the direct abutters, not all abutters within 100 feet.  She adds that there have not been any DEP file numbers issued yet.

Cornacchio states that he would like to keep this project on the fast track, and the commission could vote to issue the Order of Conditions upon receipt of the DEP number.  He reads a letter dated June 26, 2008 from Arthur Sargent, Councilor-at-Large in support of the project.

Ward 3 City Councilor Jean Pelletier thanks David Knowlton and William Ross for their efforts.  He also thanks Fred Votta.  He states that he appreciates the commission’s effort to streamline this project, and suggesting that every three years they bring in a new Order of Conditions.  He requests that all of these culverts be numbered, photographed, and that records on each one be retained.  He states that he would like a yearly maintenance program with these on a GIS database.  He stresses the importance of this project.

Cornacchio suggests they use volunteers on Earth Day for some cleaning of the culverts.

Angelo Mongiello of 120 Swampscott Road states that he likes the project and he offers to help in any way he can.

Cornacchio asks if there is a method for the vacuum excavation.

Ross states that there are many variables, and they will pull upstream or downstream depending on the condition of the site.

Pabich states that if any of the culverts are on private property, the owners must be contacted.  He requests some specifics on some of the locations.

Ross provides a description of some of the sites.

Pabich requests the work done in Category 2 be performed in the dry or while using a silt curtain. He request further categorization of Category 3.

Ross states that they may not need to do that but some sites might need sloughing off.

Pelletier states that he understands Pabich’s concern, and assures him that they intend to keep photos and records on each site.

Duques says that photo logs must be kept for Thompson’s Meadow to track it over the years to see if this work will have an impact.

Ross states that the work done in the Lawrence Canal will lower Thompson’s Meadow to the point where it should be.

Pabich expresses concern for the upstream water area, stating that this may increase the rate of flow from these areas.

Ross states that the project will, in fact, increase the rate of flow.

Pabich asks for specifics on #15 and Ross provides details.  He asks that they add the outlet to Andy’s Pond (behind the Run-A-Muck daycare center) to the list.

Pelletier asks if this can be on the agenda next month.

Cornacchio states that it might not be necessary because they might approve an Order of Conditions pending a DEP number tonight.

Pabich requests that they address the haphazardly laid pipes at Rosie’s Pond.

Cornacchio opens to the public.

Angela Manzi of 5 Ugo Road asks if this report is available for the public.

Duques explains that Ms. Manzi can contact her to obtain written information.

Pabich stresses that Categories 2 and 3 must go through the Conservation Agent.  He suggests the Order be subject to a review by SSCW.

Cornacchio suggest having the condition to have spill kits on site.

Duques agrees and adds that a silt curtain should be used.  She suggests requiring them to bring this back every three years, and another condition for a photo log submitted every year.

Ross states that the ideal time to inspect the culverts would be after the leaves fall in late autumn.

Duques suggest an amendment stating that any work beyond maintenance work would require a separate filing or an amendment, and all work be completed during dry periods, especially for Categories 2 and 3.

Hamilton:       Motion to close the public hearing, seconded by Pabich.  Passes 4-0.

Pabich: Motion to issue an Order of Condition upon receipt of the DEP number with the above noted conditions, seconded by Summer.  Passes 4-0.

Duques states that she received a phone call from Mark Tremblay stating that one of the grates near his property is full and requested they be turned the other way.

Ross states that they would like to put hinged grates on areas like that.


Duques states that the vegetation is growing downstream from the clogging on Laurier Road.

Ross requests that David Knowlton be advised of any other culverts that are located.

Old/New Business

3.  Discussion of deck construction at 15 Parellel Street

Duques states that Matthew Merritt started to build a deck, and after it was discovered, he filed a building permit and an RDA.  She shows photos of the site.  She says that he would like to continue working.  She states that the homeowner has the right to build a deck if it is outside of 50 feet from the pond, however this deck is located 30 feet from the high water mark.  She says that he would like an exemption from filing.

Pabich states that they cannot do that.  He adds that they must treat this as they treat the other applicants.

Cornacchio agrees and states that the commission must be consistent with all of the other applicants.

Duques states that the application has not been advertised.

Pabich states that the only work the commission would be involved with is the footing work, and all of the other work is out of the commission’s jurisdiction.

Merritt states that he dug the footings and the put most of the soil back with the remaining soil being graded out under the deck.

Cornacchio suggests he file after the fact as a formality and he can continue with the work.

Duques explains that any activity with the vegetation would need to come before the commission.  She adds that if he replaces the fence it would be exempt, but he would still need to contact the commission and take erosion control measures.

Cornacchio advised Merritt to continue the work and return on July 10, 2008 with the application.

4.  Request for an Extension to an Existing Order of Conditions – DEP #64-397 – Thomas Circle – Extension of a sewer line

Duques states that Tony Tiro has requested a continuation until July 10, 2008.  

Cornacchio confirms that the commission need not take action on this tonight.

5.  Request to remove trees on Conservation Commission land adjacent to 37 Intervale Road

Duques explains that this property is off of Loring Avenue on the same road where some dumping has occurred at the end of the road.  She states that this home is 4-5 houses before the dilapidated home on the very end and there is conservation land next to her home.  She says there the applicant wishes to remove at least 3 trees to have Direct Satellite.

Pabich states that she has the right to cut the limbs that are over her property.

Duques says that she asks the woman to send an email and has not received one yet.

Pabich states that she cannot remove any trees from the conservation land.

Duques states that the owner identified at least 10 trees to be removed, most of which are out of the jurisdiction of the commission.

Cornacchio agrees with Pabich not to allow any removal of trees on the conservation land.

Summer suggests that Duques look into the driveway, because she might have rights to the driveway.  He agrees that only the branches could be cut down.  He states that it would be impossible for her to get a satellite dish to work on that property.

6.  Request for a Certificate of Compliance – DEP #64-388 – Lionel Pelletier – 7 Brook Street – Construction of a single family home, driveway, and associated utilities

Duques states that she has not received updated plans.

Cornacchio confirms that no action is necessary tonight.

7.  Elect a Vice Chairman

Duques suggests the commission wait for the new member to come on board before voting on a Vice Chair.

Cornacchio suggests tabling the vote and the members agree.

8.  New Member

Duques states that Rebecca Christie is the new member, and will be appointed by the Council on the 17th of July.

9.  Salem State College

Duques states that she and Cornacchio met with Salem State and they were originally going to place port-a-potties away from the press box and now they will enclose the port-a-potties in the press box, thereby enlarging the footprint by 2 feet.

10.  Massachusetts Conservation Mapping Assistance Program

Duques states that she would like to purchase this 9.1 GIS software at a reduced rate of $400.  She adds that she would receive technical assistance for 2 years.  She requests that commission release $400 for this program.

Pabich: Motion to allocate $400 for this software, seconded by Hamilton.  Passes 4-0.


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

The meeting is adjourned at 8:00 PM.