Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, January 8, 2009, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Rebecca Christie, Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton
Members Absent: David Pabich
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Vice Chairperson Christie calls the meeting to order. Christie is present only for the approval of the minutes and for the public hearing regarding 10 Blaney Street. For all other items, Cornacchio assumes the role of the Chair. The meeting begins with the project at 10 Blaney Street.
1. Approval of Minutes – December 11, 2008 Meeting
Glidden: Motion to approve the minutes, seconded by Blier. Passes 4-0.
Voting members are Blier, Christie, Glidden and Hamilton.
2. Continuation of a Public Hearing – Notice of Intent – DEP #64-482 – City of Salem, 120 Washington Street, Salem, MA 01970
Chirstie 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.
Cornacchio recuses himself from this issue and steps out.
Engineer Ron Bourne, of Bourne Consulting, describes the changes that were made to the plan and states that Dominion has signed this application. He explains that there is an AUL (Activity and Use Limitation) on this site so they plan to use a bituminous pavement. He states that all stormwater shall be collected, separated through an oil/water separator, and discharged into two locations and there will be no infiltration beds, and the drainage system will be relocated to minimize the impact into the contaminated areas. He says that this site is in a V-zone, so there will be no filling, and that the building is on an open foundation, consistent with the current building code.
Glidden asks about the grading.
Bourne says that he anticipates some grading, but rather than excavating they will be bringing more material to the site to raise the two low spots.
Glidden asks if this is detailed in the plan.
Bourne states that it will be part of the final construction documents.
Michael Geisser, LSP, states that contamination (chromium and lead) was discovered on this site and the exact locations and extent of the contamination were defined and it was determined that the optimal design was to leave the material in the site and to impose an AUL, which restricts excavation below three feet.
Bourne states that all of this will be part of a plan.
Geisser explains the following:
· All grading will be done pursuant to the Health and Safety Plan and the Soil Management Plan, and will not present any significant risk to public safety or the environment.
· Prior to the start of work, an LSP will hold a health and safety meeting will all workers involved with the handling of the soil. Any workers that come on board after the start of the work must be trained in health and safety procedures before beginning work. All workers must sign off on the plan upon completion of the training session.
· The LSP is not required to be on the site after the training is completed and all workers have signed the plan.
· A team member, who must be trained in OSHA HAZWOPPER standards, will be assigned to oversee the project.
Glidden asks if drainage structures will be below 3 feet.
Bourne said that the manhole will be below 3 feet and they will avoid the areas of significant contamination.
Glidden asks if there will be stockpiling, and any stockpiled material must be covered and truck traffic must be covered.
Geisser states that protections will be in place for both of these activities, and that stockpiles will be covered and secured, and any material removed from the site will be covered under the Health and Safety Plan and Soil Management Plan.
Hamilton states that storage of material must take place on an impervious surface and Geisser agrees.
Hamilton asks them to point out the “Hot” areas and Bourne points to the areas on the plan.
Blier asks about the infiltration, Bourne states that the entire site will be paved will be a bituminous pavement.
Glidden asks to restate the building procedure.
Bourne states they are filling back behind the building, to secure the building against a 100-year storm.
Blier confirms that any material under the house will remain in its current condition.
Bourne describes the wall and the footings for the building as a combination of sonnet tubes and wall segments behind the riprap, and at the low water mark, piles will be installed rather than footings.
Glidden clarifies that they will return to the commission for the landscaping plan and the contractors meeting.
Duques states that the members have a draft Order of Conditions in their packets, which lists six special conditions. She suggests adding the following conditions 1)covering and securing stockpiled materials outside of the buffer zone, 2)the applicant shall provide details regarding the wheel wash prior to the start of construction and 3) the applicant shall provide details regarding the construction access and traffic patterns in and out of the site prior to the start of construction.
Christie opens to the public.
Mike Furlong of 4 Blaney Street asks what FEMA recommends for the height elevation for a V zone. He suggests securing and weighting the tarp used for covering the stored material with sand bags. Bourne agrees to adding this to the conditions but suggests the condition state using sand bags, tires or other weight to secure tarps.
Glidden: Motion to close the public hearing, seconded by Hamilton. Passes 4-0.
Glidden: Motion to issue an Order of Conditions with conditions listed in the draft plus the other conditions discussed, seconded by Blier. Passes 4-0.
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 repairs to an existing trail in Salem Woods at 75 Willson Street.
Duques states that Mike Salerno and Doug Boland are here. She says they completed a plan to create trail improvements.
Mike Salerno provides an overview of the project, stating that the entrance trail into Salem Woods is over 1 mile long, bordered by swamp waters, sometimes on both sides, and the trail has been sinking down into the water, so it is wet and muddy most of the time. He adds that any materials that are place on top of this will eventually sink in. He says that he is a member of Friends of Salem Woods, an organization that is seeking a long-lasting solution to restore this trail to its historic height. He says that this material has been used in the Berkshires and it is being considered for Walden Pond.
Salerno explains he plans to install a new honeycomb-like, environmentally friendly material to raise the grade of the trail, and when the project is finished, you cannot tell that this material is installed. He identifies 4 sections of the trail (about 150 feet each) that are targeted for this installation. He adds that the city applied to the state for a grant, and he is here for an RDA from the commission. Salerno states that he intends to begin by working on only one section first (about 125 feet), and if those results meet everyone’s approval he will complete the other three sections. In order to qualify for the grant, Salerno must recruit volunteers and report all of the volunteer activity to the state. Salerno states that he expects to use 20-30 volunteers and have about 4 wheelbarrows moving
constantly to fill in the honeycomb with stones.
Duques states that a material is called GeoWeb, a honeycomb material that will be filled in with stones.
Salerno shows a sample of the material, which will sit on top of a layer no-grow fabric, then filled with rocks and topped with another layer of no-grow fabric and topsoil.
Glidden asks if there is a chance these areas might be connected to a wetland.
Salerno states that there is a conveyance between the two sides, and currently there are five sections of plank used as a bridge over that connecting area. He adds that he will not use the GeoWeb this over the stream, but will install up to the end of it and use wooden planks to cross the stream.
Glidden asks about seasonal fluctuations in the width of the stream.
Salerno states that right now it is the widest he has ever seen it. He adds that he has done over 50 trail projects, and it has never been a concern, and the water will flow through the honeycomb.
Duques suggests a site visit.
Salerno explains that the state reviews this project, and this is his third such grant project, and he would like to apply this project to the Salem State area as well. He iterates that the Friends of Salem Woods are watching this closely and they will all evaluate it. Regarding the time frame, Salerno states that he is planning on doing this in late winter, before the vegetation begins to grow so they know where the real boundaries are.
Cornacchio opens to the public. There are no questions of comments.
The members agree to a site visit on Saturday, January 10, at 8:30 AM.
Glidden: Motion to continue this hearing until January 22, 2009, with a site visit on Saturday, seconded by Hamilton. Passes 4-0.
4. 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 repairs and replacement of existing stormdrain pipes behind homes at 9, 11, 13, 15, and 17 Orleans Avenue.
Cornacchio reads a letter dated January 5, 2009, from Andrew Rose of 276 Highland Ave, owner of the Mattress Giant property, in support of the project.
David Knowlton shows the plan and explains that a troublesome city drain system passes through the Mattress Giant property and ultimately discharges to the Forest River, and at times it backs up and there has been water on Orleans Ave. He adds that a survey of the lines has revealed a section with roots protruding into the pipe, and another section near the manhole that has settled and filled with material and is not draining properly. He shows the profile of the system and explains that he would like to replace the about 83 feet of pipe and correct the manhole issue.
Cornacchio states that this project will help out the homeowners in this area by correcting the flooding issue.
Cornacchio opens to the public.
Thomas Potorski, who owns 9 Orleans Ave, states that he has water issues on his property. He describes his problems at length and speaks in favor of the project. He suggests having another back-yard catch basin installed, as well implementing a maintenance program upon completion of this project.
Cornacchio states that the city went after a lot of grant money addressing the flooding problems.
Scott Charlton of 11 Orleans Ave asks if there is a less invasive method for this project. He states that he has 2 willow trees behind his house and he doesn’t want them to be impacted. He adds that the Mattress Giant changed their elevation, which might have impacted this issue.
Knowlton states that the city has been cutting the roots out of the pipe with a root cutter and it has not been successful. He adds that a representative from the city will talk to him prior to the work. He estimates this project to last about 2 weeks.
Cornacchio confirms that all of the proposed work will take place on the city right-of-way.
Cornacchio suggests a site visit on Saturday on 9:15 AM.
Knowlton states that there will be riprap to stabilize the walls.
Hamilton: Motion to continue until January 22, 2009 with a site visit on Saturday, seconded by Glidden. Passes 4-0.
5. Continuation of a 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.
Cornacchio states that he listened to a recording of the previous meeting, and signed an affidavit, which qualifies him to vote on this issue, per the Mullen Rule.
Duques states that there is a Draft Impact Memorandum and an Environmental Protection Plan and a plan showing the specific location of a temporary ramp and a trail leading up to the remediation area.
Ed Price with Charter Environmental states that he will avoid the specified areas of trees.
Glidden reminds them that the path will go to the right of the stairs and avoid going over the stairs. He calls attention to the plan, which indicates that the path will include the stairs and recommends a clarification of this point in the conditions.
Al Stambler from the U.S. Coast Guard agrees.
Cornacchio asks if Salem Historical got a copy of the plans, and Stambler says yes.
Cornacchio confirms that there was a site visit on October 4, 2008.
Duques states that the plan was amended to exclude the slope side of the engine house, because the Commission had concerns about erosion there. She adds that testing will be done there and if remediation is required they will return to the Commission. She adds that the same is true for the area outside of the Jeep Shed.
Cornacchio confirms that there will be an LSP on site at all times.
Duques states that she will make that a condition. She adds that Pabich was concerned about the restoration – he wants sea grasses on areas closer to the beach, and not loam and seed.
Ruth Buck of Bakers Island states that they used the cutter for a path in that area.
Blier states that if this is not mown it will not stabilize, and loaming and seeding will not be enough, and sumac will smother it. The members agree that the bank will be stabilized even if the sumac fills in over the grass.
Duques states that Pabich was concerned about the use of salt water with the fresh pond down hill from the site.
Stambler clarifies that they will use fresh water.
Glidden says that should be a condition.
Cornacchio opens to the public.
Robert Levins, abutter to this project, of 385 Magnolia Ave, Gloucester, states that he submitted a letter to the Commission. He says he doesn’t know how the Order of Conditions and NOI will be filed at the Registry because there is no deed for this parcel. He provides an in-depth history of the property.
Stambler submits an attorney’s report on the issue.
Levins states that there was a land swap in 1901 of 13,000 square feet, and the government failed to record this deed. He adds that there is nothing on file at the Registry of Deeds for this property. He expresses concern that the Commission has no surety that the work will be done.
Glidden explains that this issue has been discussed and resolved and he describes the process for the Deed.
Levins expresses concern about any additional contamination.
Stambler says they will test and advise the Commission if additional contamination is found.
Levins states that he was also concerned about the salt water. He adds that another concern is with the location of the barge being moved frequently and the effect it will have on areas that are opened.
Ed Price confirms that the barge will leave the island every night and there might be days when the barge doesn’t come to the island, and there will be a separate vessel for personnel landing in the same area.
Cornacchio suggests that they add a condition that the LSP make a determination as to the feasibility of the landing of the barge on a daily basis.
Levins points out a discrepancy regarding the remediation standards.
Stambler reads lead standards.
Glidden asks why this matters under the wetlands protection act.
Levins states that it doesn’t matter but it is a concern to him. He adds that he is still concerned about the archeological site.
Peter Golden of Bakers Island asks about the time frame.
Ed Price states that they wish to begin in early April.
Duques states that there will be a pre-construction meeting, and she will coordinate with the Harbor Master and the construction manager to go there for a meeting.
Peter Golden states that there are two caretakers on the island and he will provide the phone number.
Duques review the conditions, which include:
· An LSP shall oversee all work
· Spill kits shall remain on site throughout the duration of the project
· Dust shall be controlled throughout the duration of the project with fresh water only
· The stairs shall remain as is and the path to the right of the stairs will be widened to 10 feet
· The Jeep Shed and the Engine House will be tested and any contamination found must be reported
· An LSP and captain shall determine if the condition permits the landing of the barge and excavation activity.
Glidden: Motion to close the public hearing, seconded by Hamilton. Passes 4-0.
Hamilton: Motion to issue an Order of Condition with the above noted special conditions, seconded by Glidden. Passes 4-0.
6. Continuation of a Public Hearing – Abbreviated Notice of Resource Area Delineation – DEP #64-468 – Camp Lion of Lynn Mass, Inc. Salem, MA 01970
Cornacchio 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.
Cornacchio reads a letter requesting a continuance.
Glidden: Motion to continue until January 22, 2009, seconded by Hamilton. Passes 4-0.
7. Continuation of a Public Hearing – Notice of Intent – DEP #64-485 – Hawthorne Cove Marina, 10 White 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 one-story building and associated utility work located within land subject to coastal storm flowage at 10 White Street, Hawthorne Cove Marina.
Cornacchio states that he and Amy Hamilton listened to a recording of the previous minutes and signed an affidavit, which qualifies them to vote on this issue per the Mullins Rule. He adds that there was a site visit on January 3, 2009.
Susan St. Pierre says that she spoke to the company that provides the modular units and she provides a sketch of the delivery method for the units. She adds that they will need to do two crane lifts. She provides a construction plan and states that they will install erosion control around the catch basins. She adds that there will be no need for hay bales if they will complete all of the work on the seaward side of the utility trench in one day. She explains that they will reuse excavate on site by filling in next to the building and about six yards will be spread around sloping away from the water.
Blier states that the construction plan is very clear.
St. Pierre says they can put in a condition that they grade away from the ocean. She adds that the roof will have asphalt shingles with no gutters or downspouts, and there is no significant increase of pervious materials.
Cornacchio opens to the public.
Barbara Warren of 5 Hardy Street suggests looking at the plastic recycled lumber for the deck.
Owner Russell Vickers agrees to look into it but states that it must be structurally compatible with the use.
Glidden: Motion to close the public hearing, seconded by Blier. Passes 4-0.
Duques reviews the special conditions, which include:
· The commission shall receive copies of the Chapter 91 license
· The final grade will be graded away from the resource area.
Glidden: Motion to issue an Order of Conditions with the above noted conditions, seconded by Hamilton. Passes 4-0.
8. Public Hearing – Notice of Intent – DEP #64-484 – DeIulis Brothers Construction Co, Inc. 31 Collins Street Terrace, Lynn, MA 01902
Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the construction of a cul-de-sac extending the existing Circle Hill Road, subdivide the land for two additional lots and construct three single family homes within the buffer zone to bordering vegetated wetland at 40 Circle Hill Road.
Engineer Scott Patrowicz states that he will get the abutters’ cards to Duques tomorrow.
Duques states that this issue has been continued since October.
Patrowicz states that they need to go to land court. He states that this is a piece of land that is a portion of Circle Hill, near DiBiase Park, and there are many paper streets going through here, and Circle Hill road dead ends and they wish to put in a cul-de-sac with a proper turning radius for fire trucks. He adds that Dave Knowlton visited the site and concluded that a country drainage system (no pipes) would be the most appropriate method for this parcel. He describes the plans for the drainage and states that they will bring the water mien up.
Cornacchio asks if Mr. Stedman is aware that the drainage will go on his land.
Patrowicz states that it is going there now and there will be no additional drainage going there because there are shrubs on the property. He adds that there will be no curbing on the downhill side of the road. He says there will be a petition to the city to plow this road, and that he wasn’t proposing any planting.
Glidden states that he would like to have signage installed on the boundary of Lot #3 to discourage dumping.
Cornacchio expresses concern about the salt and Blier agrees.
Chris Cole of 33 Circle Hill Road agrees, and states that the storm drain is right in front of his house.
Patrowicz states that they will install a small lawn depression (grass swale) to divert the water to the park. He suggests providing a pre and post watershed impact statement.
Duques asks if they could use porous pavement on this road and Patrowicz says he will consider it based on his impact study.
Scott Fournier of 38 Circle Hill Road states that he got water in his basement, and expresses concern about the runoff.
Glidden asks if these houses will have a full basement and DeIulis says the basements will be cut into the hill.
Much discussion ensues regarding the runoff issue and the grading. The member express concern about the drainage and the salt.
Patrowicz states that they can discuss this after he as completed a watershed report.
Cornacchio opens to the public.
Barbara Warren of 5 Hardy Street confirms that they will redefine the edge of the park.
Blier confirms that grading will be on the paper street to make this work.
Ward Three City Councilor Jean Pelletier asks when the park was built, and if some of the land was taken back.
Glidden states that that isn’t an issue for the commission.
Patrowicz states that the property lines are delineated.
The members agree to a site visit on Saturday, February 7, 2009 at 8:00 AM.
Glidden: Motion to continue this hearing until February 12, 2009 with a site visit on February 7, seconded by Hamilton. Passes 4-0.
9. Continuation of a Public Hearing – Notice of Intent – DEP #64-481 – Shelly Bisenga, 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.
Acting Chair Cornacchio continues this hearing until January 22, 2009.
Old/New Business
10. Request for Certificate of Compliance, DEP #64-383, Ward Two Social Club of Salem Inc. 1-3 East Collins Street
Duques states that the applicant would like a full certificate of compliance. She adds that the applicant has completed all of the necessary work required under the Order of Conditions however, two growing seasons have not passed since the plants were planted this part fall. She adds that he can’t refinance his property until he has a clear deed and that means he needs a certificate of compliance. She explains that she suggested they put the cost of the plants in escrow and issue a full certificate of compliance, but the applicant was not receptive to this. The Commissioners notice tires in the photos presented to them.
Glidden states that he wants to see blooming plants in the spring before he can issue a full certificate of compliance, and the others agree.
11. Salem Sound Coast Watch to provide update on Pickman Park project
Barbara Warren provides an update on the project to remove the phragmities. She shows the pictures of the site and describes the work.
Cornacchio confirms that the ditching did work.
Warren says they will continue doing the burnout and cutting there. She confirms that the average height was of the phragmities dropped by about 100 centimeters, but she acknowledges that it is difficult to eradicate phragmities.
…
Glidden: Motion to adjourn, seconded by Hamilton. Passes 4-0.
The meeting is adjourned at 9:30 PM.
| 
