Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, August 13, 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 – July 9, 2009 Meeting
Voting members are Blier, Christie, Cornacchio, Hamilton, and McCauley.
Cornacchio: Motion to approve the minutes, seconded by Hamilton. Passes 4-0.
2. Continuation of a Public Hearing – Notice of Intent – DEP #64-491 – 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 roadway improvements to Leggs Hill Road including the addition of a roadway shoulder, installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence.
Duques states that the applicant has requested a continuance until September 10.
Cornacchio: Motion to continue this public hearing until September 10, seconded by Christie. Passes 7-0.
3. Public Hearing – Request for Determination of Applicability – Dominion Energy, 24 Fort Avenue, Salem MA 01970
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the repairs to an existing pier at Dominion Energy located in Salem Harbor.
Cornacchio recuses himself from this issue.
Nicole Wilkinson, with Dominion, states that they will replace (in kind) 7 oak fender piles on a dock, including the supports. She shows the proposed work on the diagram, stating that the work will be done from a floating barge or from the existing deck, and that all of the new piles will be placed in the same location as the original ones, except for one, which will be moved 3 feet. She explains that they will use a turbidity curtain. Regarding Chapter 91, Wilkinson explains that she has communicated with DEP, who advised her that the work can be done under the same license, and classifies as maintenance.
Pabich asks how long the work will take and Wilkinson states that it will probably take 2 days but she has applied for a one-week project to allow for anything unexpected.
Pabich asks how they will be able to wrap the turbidity curtain around the entire worksite and Wilkinson states that it will be possible, because it will be weighted at the bottom and it is more of a debris-type curtain.
Duques recommends a Negative 2 Determination.
Pabich opens to the public. There are no questions or comments.
Glidden: Motion to close the public hearing, seconded by Blier. Passes 6-0. Cornacchio recuses himself.
Glidden: Motion to issue a -2 Determination, seconded by McCauley. Passes 6-0. Cornacchio recuses himself.
Duques confirms that one special condition will be that the turbidity curtain will wrap around the entire worksite.
Wilkinson asks if she can show another project that they are looking forward to and Pabich states that she may.
Wilkinson states that they would like to replace an old, rusted metal shed with another metal structure, matching the footprint of the existing shed. She shows a diagram, and states that there is a concrete pad under the shed, and an electrical connection and no plumbing.
Pabich states that it sounds simple.
Wilkinson asks if they can match the color (pale yellow).
Pabich states that they can choose any color they want.
Wilkinson states that the old shed will be removed responsibly.
4. Continuation of a Public Hearing – Request for Determination of Applicability – Mass Electric (dba National Grid), 1101 Turnpike Street, North Andover, MA 01845
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation of a grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road.
Alicia Kabir, representing National Grid, states that they filed an RDA in May, and the poles were installed before all of the permits were obtained, and that National Grid has paid a $200 fine. She adds that the proper signature is on the RDA form, and a petition with the City Council has been filed.
Duques recommends a Negative 3 Determination because it is in the buffer zone.
Pabich opens to the public. There are no questions.
Pabich states that this issue was discussed at the June meeting and there isn’t anything else to say except that National Grid should not do this again.
Cornacchio: Motion to close the public hearing, seconded by Christie. Passes 7-0.
Cornacchio: Motion to issue a Negative 3 Determination, seconded by McCauley. Passes 7-0.
Old/New Business
5. Discussion with Commission and Bike Path Committee Chairman, Dan Shuman, about allowing mountain bikes on trails in Forest River Conservation Area and inclusion of the trail in a citywide bike circulation master plan
Duques states that the City is working on a master plan for biking areas throughout the City. One area is in the Forest River Conservation Area. The Commission may rule as it pleases on this issue. Opened this item at the end of June and Councilor O’Keefe wrote a letter expressing concerns about the allowing mountain biking in this area.
Duques reads a letter from Ranger Dan Small, Ranger at Lynn Woods, in which he expresses concern about some of the bikers on the trails that do not act responsibly. He recommends that the Commission not allow mountain bikes in Salem Woods, stating that several illegally constructed trails might be built.
Ward 7 City Councilor O’Keefe of 28 Story Road speaks in opposition to the allowance of mountain bikes, citing a safety issue and a conservation issue. He states that bikers have cut the fence at the Salem Woods. He adds that the City would be exposed to liability if bikers cross the train tracks and cause an accident.
Dr. Vorgeas expresses concern about granting permission for bikers in Salem Woods, stating that chain link fences are often destroyed by mountain bikers. He adds that the City might be exposed to a wrongful death suit if there is an accident on the train tracks resulting from crossing bikers.
Pabich requests a straw pole to get the general opinion of the Commission, and the members agree that they are not in favor of allowing mountain bikes in Salem Woods.
Frank Taormina, from the Planning Department, who oversees the bike committee, states that this area will be removed from the bike path map.
6. Minor project change – 15 Peabody Street Park, DEP #64-475
Blier and Hamilton recuse themselves from this issue.
Duques states that Landworks Studio has been working very hard to develop a new design for that park. She explains that asbestos was found on the site and DEP completed the cleanup, but during the excavation they discovered two large concrete slabs so they could not dig any deeper in those two areas so all of the trees must be planted elsewhere.
Letitia Tormay states that they had planned to have the site drain toward a central area in the park and they found that they could not dig in that area so they would like to place a drain near Peabody Street (the front section of the park, where there is mainly brick rubble and sand), which will drain into the stormwater system.
Pabich asks if some of this site drains to the harbor side.
Tormay states that a small portion of the park will drain to the harbor, as originally planned. She points out this area on the plan.
Pabich states that he would be comfortable with a notice of project change as the only difference is that the water is now going into the stormwater system. He adds that the Commission need take no action.
7. Request for Certificate of Compliance – DEP #64-360 and #64-433 – 7 Laurier Road
Duques states that two projects were completed by Mark Tremblay, and neither has not changed from its original plan. She adds that the City cleaned out that drainage structure, and the plants have established themselves and she received the monitoring reports. She explains that hay bales and the silt fence were still in place, but Tremblay was to remove them this afternoon. She recommends issuing two full certificates of compliance. Duques shows photos of the site.
The members agree to issue two full certificates of compliance.
8. Discussion regarding 40 March Street and material stored in wetland and associated buffer zone
Duques describes this location off of Bridge Street and shows photos of the site. She explains that she sent the owner several letters asking him to produce a permit and she is working with the harbormaster to find a way to ensure that this site is cleaned-up. She states that the owner came in a few times and said that he doesn’t have a permit. She says that her most recent letter to him, sent on August 10, requests that he provide a copy of his permits or file an NOI for the docks on shore and on coastal beach.
Glidden states that he should receive a Cease and Desist Order for the storage of the docks on the land.
Pabich states that technically they should call it an illegal structure.
Glidden confirms that this is resource area and he is filling a resource area by not allowing the grass to grow, and Duques should send a letter stating that he must remove this or he will be fined.
Duques states that she would like to have the land surveyed to determine if he is storing property on City land.
Pabich states that he probably owns to the low water mark and a survey should not be necessary.
Duques states that she will follow up with a letter and examine the deed.
Glidden suggests that she advise him that he will be fined without further notice if this material is not removed within one week.
Cornacchio suggests that Duques state the fines in her letter.
Pabich suggests that the fines be set at $200/day.
Glidden states that it is possible that the land for a street runs in front of this property.
9. Update on National Park Service – Pedrick’s Warehouse drainage from roof
Duques states that there is an updated design for the roof drainage, which consists of PVC pipe attached to the downspout. She adds that they proposed a ramp at both entrances so she advised them to file an amendment for the construction of these ramps because they will also re-grade for this.
10. Request for a Certificate of Compliance – DEP #64-349 – 20 Parlee Street
Duques states that the NOI was issued in 2003 and extended in March of 2009. She describes the exact location and shows the plan that included building a wall.
Pabich states that the completed work varies from the original NOI and the owner should file an amendment before the Commission will issue a Certificate of Compliance.
Duques states that a deed restriction shall be placed on the lot and the P&S mentions the deed restriction.
Pabich recommends checking that deed.
Duques states that he wishes to build a ladder.
Glidden suggests asking him to submit his description of the ladder.
Pabich suggests that Duques send him a letter stating that it appears that he has deviated from the original plan and he needs to file an amendment with the as-built plan.
11. Discussion regarding a violation at 81 Valley Street
Duques states that the owner completed work within 100 feet of the wetlands without any filings. She asks the Commission how long is “too long” to file after-the-fact. She adds that a neighbor (Jack Anderson) reported him, concerned that the stream has grown in over time and he would like the City to go in there and cut down the brush, but the City has no easement there.
Pabich states that it would be good practice to require him to file an RDA regardless of the amount of time that has passed since the completion of the work.
Duques agrees, stating that she requested that he complete an application for an RDA. She agrees to follow up.
12. Emergency Certificate for Salem Suede Building – 72 Flint Street
Duques states that once the roof collapsed in one of the buildings the owner wishes to demolish it and they need to remove the asbestos siding by August 18. She explains that they need to remove vegetation around the building to get a boom in there and she asked them to file an NOI first. She states that there is mostly scrub brush and one grouping of trees on the site, and the owner has not done an environmental assessment of the structure and the site appears to be toxic.
Duques states that they must stage the building, then remove the vinyl siding then each individual asbestos tile.
Pabich states that he is sure that the site is toxic.
13. Peabody Flood Mitigation Project Update
Duques presents a copy of the notice of project change from Peabody, stating that there was a site meeting on July 22. She adds that the City might consider widening the existing North River in Salem or build a culvert parallel to the North River and weir structure to divert overflow. She agrees to advise the Commission when she has a firm draft of the plan.
The members discuss the options for dealing with this project.
14. Freeman Road
Duques states that the owners are interested in donating ¼ acre to the Conservation Commission and the parcel is land locked. She asks the Commission if they are interested in accepting it, stating that is might prevent further development in that area.
Pabich states that he sees no downside to accepting this.
Duques states that they might wish to check to see if it isn’t contaminated.
Pabich states that the donors should be required to present proof.
...
Glidden: Motion to adjourn, seconded by Hamilton. Passes 7-0.
The meeting is adjourned at 7:30 pm.
| 
