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Aporved Minutes, March 26, 2009


Salem Conservation Commission
Minutes of Meeting


Date and Time:  Thursday, March 26, 2009, 6:00 p.m.
Meeting Location:       Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present:        Chairperson David Pabich, Michael Blier, Rebecca Christie, Kevin Cornacchio, Amy Hamilton, Carole McCauley
Members Absent: Keith Glidden
Others Present: Carey Duques, Conservation Agent
Recorder:       Andrea Bray


Chairperson Pabich calls the meeting to order.

1.  Approval of Minutes – February 12, 2009 Meeting

Cornacchio:             Motion to approve the minutes, seconded by Christie.  Passes 5-0.

Voting members are Blier, Christie, Cornacchio, McCauley, and Pabich.

2.  Public Hearing – Request for Determination of Applicability – 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 construction of a bike path to connect to the existing bike path located along the Bridge Street by-pass located within a Riverfront Area between Saunders and Lemon Streets.

City Engineer David Knowlton describes the plan stating that he intends to connect the bike path up to Bridge Street, and this path will be completed as part of the Bridge Street (1A) construction project.

Duques states that Councilor Sosnowski wished to make the Commission aware that the open area near bike path is private property and the owners plan to develop 2 units and 2 Garages on that lot.  She explains that the bike path will go on the right side (southern side) of that lot.

Knowlton points out the area of concern on the plan and assures the Commission that the bike path will not encroach on the private property.

Pabich asks if they will bring up the grade.

Knowlton states that it will be brought up less than 1 foot.

Pabich states that he is comfortable with this and a site visit will not be necessary.

Duques recommends a -2 Determination.

Cornacchio:     Motion to issue a -2 Determination, seconded by Hamilton.  Passes 6-0.

3.  Public Hearing – Request for Determination of Applicability – 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 construction of a v-notch weir to monitor stream flow in the Forest River.

Engineer David Knowlton states that a large part of the South River Watershed goes through the golf course and goes to Rosie’s Pond to the South Harbor, and they have been metering the level to get flow elevations, and they would like to explore holding back some water during heavy rain and allowing it to trickle in.  He assures the Commission that there is not a lot of resource that would be impacted, and they need a detail survey.  He explains that if some water can be held back during a heavy rain it would minimize the amount of water flowing through this entire area and prevent flooding.

Pabich asks if there is some degree of impounded water there now.

Knowlton states that there is and that area gets very wet.  He adds that they will model the whole system and he will return to the Commission as he continues with this plan.

Pabich confirms that Knowlton would like to continue this and they will look into a temporary v-notch.

Blier:          Motion to continue this public hearing until April 23, 2009, seconded by Hamilton.  Passes 6-0.

4.  Public Hearing – Notice of Intent – 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 repairs/improvements to an existing seawall at the end of Hubon Street.

Engineer David Knowlton states that this is an emergency project that is almost done.  He explains that they began work as soon as they noticed that the seawall was falling and they utilized an on-call construction contract with North Shore Marine.

Cornacchio asks if the footing failed.

Knowlton states that there really was no footing and some of the activity on top of the wall was not very healthy for it, and there were large concrete barricades that aggravated the whole situation.  He explains that they inserted a steel I-beam under the building to hold it up.  

The members review the photographs of the work that has taken place and Knowlton describes the procedure, which includes:
  • The wall was taken down very quickly
  • The base of the wall was prepped
  • Forms put in place
  • Concrete was poured and allowed to sit over the weekend
  • The forms were removed
  • The wall was rebuilt using large blocks pinned together with rebar
  • A drainpipe was installed
  • 4 ft of large crushed stone was filled in between the wall and the land
  • Filter fabric was inserted between the large blocks and the stone
  • Preparation for paving has begun
Knowlton states that although the tide comes up the wall, he did not see a large discoloration in the water.  He describes the mechanism for holding up the building.

Pabich asks what the City will do with the snow in the future.

Knowlton states that he does not know.  He adds that there will be a guardrail across the wall.

Duques clarifies that this project does not have a DEP number yet so the Commission cannot issue the Order of Conditions.

Pabich states that one special condition should be to have some type of snow management.

Duques confirms that the catch basin will be cleaned on a regular basis.

Pabich states that a site visit will not be necessary because the work is already completed.

Cornacchio:             Motion to continue this public hearing until April 9, 2009, seconded by Hamilton.  Passes 6-0.

5.  Public Hearing – Request for Determination of Applicability – North Shore Medical Center, 81 Highland Avenue, 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 new mechanical shaft connected to Davenport Building at 81 Highland Avenue.

Engineer Scott Patrowicz states that the Hospital plans to build a tall (11 stories high) mechanical shaft in the back of the Davenport Building.  He adds that the mechanical shaft is adjacent to the small parking lot, which will be used for staging, and the shaft will have an 18 x 12 footprint.  He states that there is a catch basin and drainpipe with debris that needs removal.  

Duques states that she believes that it is a regular catch basin.

Patrowicz states that he will install a silt fence and sock or hay bales.  He suggests having a site visit.

Pabich states that a site visit may not be necessary because the impact to that site is minimal.

Cornacchio agrees but expresses concern about the catch basin.

Duques confirms that there will be no loose material in the staging area.

Patrowicz explains that the only disturbance will be people and equipment moving over the area.  He says the sewer line is away from this area (about 7 feet away).

Blier asks if the trees will be removed and Patrowicz states that they will.

Duques states that she recommended that the trees be replaced.

Blier states that the paper birch could be lifted and moved.

Pabich says the condition will be to save or replace all lost trees.

Cornacchio states that one condition would be to have the catch basin surrounded by a sock.

Pabich expresses concern about the continuousness of the bituminous berm.

Patrowicz states that he will put the erosion control up gradient of the berm.  He agrees to submit a revised plan to Duques.

Hamilton states that she would like to know how deep the sewer line is.

Patrowicz makes a note to get that information.

Pabich opens to the public. There are no questions or comments.

Hamilton:       Motion to close the public hearing, seconded by Cornacchio.

Cornacchio:             Motion to issue a -2 Determination, with the conditions listed:
  • Save or replace all trees with minimum caliper of 3”-5”
  • Plan to be revised to include erosion control down to existing catch basin
  • Inspect catch basin
  • Sewer pipe depth to be inspected
The motion is seconded by Blier.  Passes 6-0.






6.  Continuation of a Public Hearing – Notice of Intent – DEP #64-481 – Shelly Bisegna, North Shore Medical Center, 81 Highland Avenue, Salem, MA 01970

Pabich 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.

Pabich states that Cornacchio listened to the recording of the previous public hearing and signed an affidavit, which qualifies him to vote on this issue.

Engineer Scott Patrowicz states that the grading is subtle, the outer edge is where the silt fence will go and all of the trees will be cleared.  The project did get a signature from the Mayor so they have the proper endorsements from the City.

Pabich states that there are significant caliper trees being removed and no plans to replace them.

Patrowicz states that they are under budget problems so they are not interested in replacing any of these trees.

Cornacchio confirms that it is a rule of thumb to replace all lost trees, and it is hard for him to understand the budget issue.

Pabich confirms that the removal of the large trees will have an impact on this area.

Patrowicz asks what they are requesting in terms of tree replacement.

Pabich states that he would not need to install large caliper trees, perhaps three small saplings.  He says that the group should look at the trees to be removed and then come up with a plan for replacing the removed trees.

Patrowicz indicates the property line and states that the City owns the abutting property.

Pabich asks how the helipad is maintained in the winter (plowed or salted).  He adds that he wished to have another discussion about the snow storage on the site.

Patrowicz states that he does not know how the helipad is maintained in the winter, and indicates that he would prefer to have the site visit during the week when the applicant can attend.

The members agree to hold a site visit on April 23, at 4:45 PM, with an alternate date of May 14, at 4:45 PM.

Patrowicz requests that the hearing and site visit will be continued until May 14 if the applicant cannot attend the site visit on April 23.

Blier:          Motion to continue this public hearing until April 23, 2009, seconded by Hamilton.  Passes 6-0.

7.  Continuation of a Public Hearing – Notice of Intent – DEP #64-484 – DeIulis Brothers Construction Co, Inc. 31 Collins Street Terrace, Lynn, MA 01902

Pabich 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.

Pabich states that Cornacchio listened to a recording of the previous public hearing and signed an affidavit, which qualifies him to vote on this issue.

Engineer Scott Patrowicz states that they looked into minimizing the water that was going into the area of concern and they saw a depression in the back so they surveyed it and he now has a revised plan.  He indicates the depression and states that it is on the applicant’s property, so now that they have a good area to go to he would like to capture the watershed up higher and direct it into the depression, to prevent it from going through the abutting back yard.  He explains that he will take the depression and push up the grade, and that will pull all of the water in the direction of the depression and lessen the amount of the watershed that goes to the road.

Pabich expresses concern about the water spreading outside of his property to the back of another property.  He asks if there is ponding in the back yards now.

Patrowicz states that there is no ponding but the abutter claims that the water is rushing through his back yard.

Pabich states that the area in the lower back yard is outside the Commission’s purview and the applicant should discuss this with the Planning Board.  He suggests moving the footprints in order to have a smaller impact on the wetlands.

Much discussion ensues regarding the options for relieving the impact on the wetland, including moving the driveway on house #3.

Patrick DeIulis suggests having the Commission define the “limit of work line” for the buyer so he can design the house within the specified parameters.

Pabich suggests having no building within 20 feet from the wetlands.

Blier asks if they will need to remove the trees when they grade for the road, and Patrowicz states that the grade is gradual and they will not need to remove any trees.

Pabich clarifies that there will be a “limit of work line” 20 feet from the buffer zone, possibly 25 feet.

Blier states that there is not enough information to have the NOI based on the construction of the three homes, only for the construction of the road and the creation of the three lots.

Duques says they would need to do an amendment for lot #3.

Pabich asks where the roof drainage will go and Patrowicz indicates this on the plan and offers to show the roof drains on the revised plan.

Duques reviews the conditions:
  • House and driveway shall be a minimum of 20’ from the wetlands.
  • Rework grading so large trees on City’s Dibiase Park can be saved and remain.
  • Any deviation to this plan shall be submitted to the agent for review to determine if a full amendment is necessary.
Duques offers to draft the conditions.

Pabich recommends that this hearing be continued.

Blier:  Motion to continue this hearing until April 9, seconded by Hamilton.  Passes 6-0.

Old/New Business

8.  Commissioners to provide feedback on general guidelines for filing with the Conservation Commission

Duques reads the new title for the guidelines as suggested by Glidden.

McCauley suggests adding the guideline that the applicant save paper and plastic by submitting proposal in paper, double-sided and stapled (no plastic cover).

Hamilton suggests having a column for SWPPP (stormwater pollution prevention plan) and low impact design.

The members discuss some other specific guidelines.

Duques agrees to rework the document for the next meeting.

9.  Lead Mills

Pabich states that there is a disaster at the Lead Mills because of the failure in the granite seawall so soil is running into the river.  He recommends bringing the DEP into this issue.  He adds that there is an issue because they are filling the wetland, and they are filling it with contaminated soil.

Pabich recommends instituting a $200/day fine beginning Sunday, when he discovered it.

Duques agrees to write a letter.

10.  Public Access Signs

Duques says that the signs do not require any additional permitting and she will advise the Commission when she receives another estimate for the installation of the signs.

11. Salem Woods Trail Work

Duques states that the work will be occurring on April 4 and she is looking for volunteers.


Blier:          Motion to adjourn, seconded by Hamilton.  Passes 6-0.

The meeting is adjourned at 8:16 PM.