Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, June 11, 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, Keith Glidden, Amy Hamilton, Carole McCauley
Members Absent:
Others Present: Carey Duques, Conservation Agent
Recorder: Andrea Bray
Chairperson Pabich calls the meeting to order.
1. Approval of Minutes – May 28, 2009 Meeting
Voting members are Pabich, Christie, Cornacchio, Glidden, Hamilton, and McCauley.
The members make suggestions for amendments.
Glidden: Motion to approve the minutes for the May 28 meeting as amended, seconded by Christie. Passes 6-0.
2. Continuation of a Public Hearing – Notice of Intent – DEP #64-490 – Vinnin Associates Realty Trust c/o East Coast Properties, 400 Highland Avenue, Salem, MA 01970
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss construction of a handicap parking area located within the buffer zone to a bordering vegetated wetland located at 50 Freedom Hollow.
Pabich states that Blier was not at the previous meeting but he listened to a recording of the hearing and signed an affidavit, which qualifies him to vote on the issue, per the Mullin Rule.
Scott Patrowicz presents a revised plan with a stormwater checklist. He states that he changed the drainage so that all of the water drains to landscape depressions A and B and a swale. He adds that there will now be a continuous concrete wall around the parking area B. He states that he added drainage areas C and D. He reviews the stormwater report, and says that Rosa rugosa will be planted in the landscaped areas.
Pabich asks about snow storage.
Patrowicz states that it will be at the upper end of the parking lot, and they will minimize the use of salt and use more sand.
Manager Cyndy Anselmo states that Bob Bussi does the snow removal now.
Pabich states that the snow removal plan must be well communicated to the snowplow contractor.
Pabich opens to the public. There are no questions or comments.
Pabich asks where the water will go when A and B overflow, and Patrowicz states that it will go to C.
Blier: Motion to issue an Order of Conditions with the special conditions recommended by Duques, seconded by McCauley. Passes 7-0.
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 South River.
Glidden: Motion to continue this public hearing until June 25, 2009, seconded by Christie. Passes 7-0.
Pabich continues this public hearing until June 25, 2009.
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 installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road.
Glidden: Motion to continue this public hearing until June 25, 2009, seconded by Christie. Passes 7-0.
Pabich continues this public hearing until June 25, 2009.
Old/New Business
5. Update on the status of 485 Lafayette Street, the former Chadwick Leadmills Site
Duques states that the DEP is convening a meeting with all of the parties involved on June 24th, 9:00 am – 12:00 pm, at DEP’s regional office in Wilmington.
Duques reviews the topics that she wishes to discuss.
Glidden states that this is Chapter 91 because it is filled tidelands, and the plan is not to remove the chemicals on that land.
Pabich clarifies that they will mix it with chemicals that will bind the lead.
Glidden states that the seawall is crucial.
Pabich says that filled land is being held back and this land should not go into the resource.
Cornacchio suggest getting clarification from the DEP on whether to grout on both sides of the wall or only one side.
Duques states that the area within Salem will not be developed into housing, and will only consist of an access road.
Glidden questions DEP authority under Chapter 91 regarding any action taken with that wall.
Pabich states that his understanding is that the landowner must maintain that wall in perpetuity.
Blier states that the wall might need to be reinforced while they excavate.
Duques says that the Commission’s statement only addresses damage to the wall during construction.
Glidden states that the meeting will be the opportune time to raise all of these issues.
Pabich says that the question is, “Who is in charge of enforcing Chapter 91?” and that is the person that should attend the meeting. He acknowledges that the wall really is in bad shape. He expresses concern about the fact that the South River Basin will now be excavated.
Duques states that this issue is addressed in the list of concerns.
Cornacchio states that the most experienced group for this work would be the Army Corps of Engineers.
Pabich states that the best way to do the clean up would be to sheet-pile half the area for the work, and then do the same on the other side.
Duques asks the members if there is any reason to take issue with the fact that NL is not willing to clean up the land owned by the Salem Conservation Commission.
Pabich states that this should be brought up again.
Duques states that she will visit the site again on Monday.
Hamilton states that the Delta area is also a concern and Duques adds that item to the list of concerns.
6. Request for an Extension to an Existing Order of Conditions for 401 Bridge Street, DEP #64-435
Duques states that they have not done any work out there yet and they are requesting an extension because the Senior Center is being proposed there, so they plan to amend their Order of Conditions.
Glidden: Motion to issue a three-year extension to the original Order of Conditions, seconded by Cornacchio. Passes 7-0.
7. Update on the U.S. Coat Guard Bakers Island Project, DEP #64-479
Duques states that the members’ packets contain the latest information from the Coast Guard that she received June 1st. The members study the plan. She says that the Commissions decision was also appealed at the local bylaw level, and the 60-day response period has passed and she has not receive any word from the City Council.
Robert Levins, abutter to the remediation site on Baker’s Island, states that he has not received any information from the Coast Guard. He clarifies that the DEP ruled that he would receive a copy of the plan from the Coast Guard. He suggests that his points might have become part of the Order of Conditions. He says that he has been in contact DEP and the EPA.
Levins states that his thoughts on this do not effect this Commission.
Pabich asks if he appealed on the local level and Levins stated that he did.
Levins states that he had a discussion with a clerk that said the case had been referred to the Solicitor and the Council and they were cognizant of the fact that this was time-sensitive.
8. Peabody Flood Mitigation Project
Duques states that she received a letter from the Department of the Army regarding the Peabody flood mitigation project, and there will be a meeting on July 27, 2009, at 11:00 am at the Stop N Shop in Peabody.
The members discuss the project.
Glidden states that someone must look out for Salem’s interest.
Duques states that the Mayor of Salem is meeting with the Mayor of Peabody on this.
Glidden expresses concern about whether the City has the right team together to examine this project.
McCauley asks if someone can come to a meeting to discuss this plan, and Duques agrees to look into this.
Glidden asks if anyone is looking into this from a legal perspective, and Duques says that she doesn’t know. Glidden states that this is a difficult area because the bylaws are confusing.
…
Glidden: Motion to adjourn, seconded by Cornacchio. Passes 7-0.
The meeting is adjourned at 7:10 pm.
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