Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, September 10, 2009, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chairperson David Pabich, Michael Blier, Kevin Cornacchio, Carole McCauley
Members Absent: Rebecca Christie, Keith Glidden, Amy Hamilton
Others Present: Frank Taormina, Staff Planner (Staffing the meeting for Carey Duques, Conservation Agent who is absent)
Recorder: Andrea Bray
Chairperson Pabich calls the meeting to order.
1. Approval of Minutes – August 13, 2009 Meeting
Cornacchio: Motion to approve the minutes as amended, seconded by Blier. 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.
Pabich states that the applicant has requested a continuance to September 24, 2009.
Cornacchio: Motion to continue this public hearing until September 24, 2009, seconded by Blier. Passes 4-0.
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.
Pabich states that the applicant has requested a continuance to September 24, 2009.
Cornacchio: Motion to continued this public hearing until September 24, 2009, seconded by Blier. Passes 4-0.
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 installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road.
Pabich advises the members that this application has been withdrawn.
5. Public Hearing - Request for Determination of Applicability – BioEngineering Group, 18 Commercial Street, Salem, MA 01970
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the completion of a rain garden at 18 Commercial Street and installation of a demonstration wildlife floating island in the North River.
Terry Bastian, with the BioEngineering Group, states that there has been an RDA application in for a rain garden for almost two years and now it is changing. He clarifies that the rain garden plan is the same as earlier except for the removal of the 2nd staircase, and they area adding the four 8-inch piers and the open grade upstairs.
Bastian describes the new project as a pre-engineered triangular floating island, which will be used as a floating wildlife habitat. He explains that the 7’ x 7’ island will be bordered on two sides with a coconut core bio-log, which creates a medium to plant wetland plants, and the third side will be left alone to act as an onramp for birds. He says it will be moored with a cement ball with a pipe attached to it, and tied to the bank at 2 points, and will sit on the bank at low tide. He states that the harbormaster has seen the mooring mechanism, the cement ball, about 2-feet across and 1.5 feet deep. He assures the members that the floating island will be brought in if there is a hurricane.
Cornacchio states that he would like to have that mooring checked periodically to be sure that the mooring is operating as designed.
McCauley asks if there will be signage for the island and Bastian states that they will have signage for the public.
Pabich asks about the gravel.
Bastian states that the gravel will be attached to some old carpeting and is used for nesting because it is bird friendly, providing a dry, safe area for the birds.
Bastian states that this island is designed to go through the winter, and there are several of them in Chicago, and in Germany, where this is designed, they last through the winter and the triangular shape is specifically designed to withstand the winter.
Pabich expresses concern about it being moored from two points stating that the lateral forces will push it away from the wall. He states that there will be ice in the river and the tide moves the ice and will push on the island. He asks if this island has any other purpose other than as a marketing tool.
Bastian states that the island will demonstrate the type of thing that can be done with a channel like this. He adds that the plants will grow in the coconut core will host plants and the roots will hang into the water and provide habitat for fish.
Cornacchio asks how well the roots will last with the tide cycle.
Bastian states that the coconut core retains a lot of water so it should last well.
Pabich asks what the anticipated life of the coconut core and unit are.
Bastian states that the coconut core and the unit should last 10 years and they are only asking permission to use it in the river for 3 years.
Blier express concern about this island stressing the wall where it is attached, stating that when tidal or weather forces cause the island to pull away, the wall structure may be compromised.
Blier asks if anything other than a PVC material can be used with the mooring.
Bastian states that PVC is used in a marine environment because it doesn’t degrade too much.
Blier states that this might be a precedent-setting issue for anyone wishing to market items in the river.
Pabich states that this is a political issue that can be left up to another board.
Bastian assures that Commission that the island will be closely monitored stating that he will be taking digital images of it on a monthly or bi-weekly basis, and monitoring the plants.
Pabich states that there should be a public information sign and this determination should be conditioned.
McCauley asks how much weight the island can support.
Bastian states that it can support a lot of weight.
McCauley asks if kids will sit on it.
Bastian states that it will not tip it anyone sits on it.
The members discuss the possible liability issues associated with injuries caused by people trying to get on the island.
Taormina suggests having signage on the island to advise people not to touch it.
Pabich states that he would like to condition this upon having the City check into a disclaimer. He adds that this issue is outside of the Commission’s purview, and that, although this concept is fine, the City Solicitor and the harbormaster should examine it.
McCauley suggests sliding it away from the bank so it won’t hit the wall.
Blier states that this should not become a floating billboard.
Pabich opens to the public.
Jim Treadwell of 36 Felt Street asks if Salem Sound Coast Watch knows about this. He states that they intended to plant some grasses in the flats.
Bastian states that he brought a copy of the plan to Salem Sound Coast Watch and spoke to Barbara Warren, who supports this concept.
Treadwell asks if there is any problem with jurisdiction of the State.
Taormina states that he doesn’t know and he would check.
Pabich states that the onus would be on the installer.
Cornacchio states that there are 2 parts to this project, combined into one filing.
Cornacchio: Motion to close the public hearing, seconded by McCauley. Passes 4-0.
Pabich suggests a -3 determination with conditions.
The members review the conditions, which are:
- The applicant will submit a monthly checklist on monitoring the island
- The structure shall be removed if an issue arises (vandalism, storm, etc.)
- Subject to the final approval of the harbormaster/Mayor’s office regarding City liability, and exploring the State jurisdiction
- Public signage to be reviewed by the Conservation Agent prior to installation
Cornacchio: Motion to issue an Order of Conditions with the above noted special conditions, seconded by Blier. Passes 4-0.
6. Public Hearing – Request for Determination of Applicability – Gary Tran, 81 Valley Street, Salem, MA 01970
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is for a determination after-the-fact relating to the installation of an above ground pool, shed, and seeding new lawn at 81 Valley Street.
Gary Tran states that he has a permit for his pool and he was not aware that he needed a wetlands permit.
Pabich states that an RDA would have been appropriate.
Cornacchio asks if there is any debris on the other side of the fence.
Tran states that he doesn’t know because he never goes beyond the fence and there might be branches and some compost might be there, and it doesn’t wash into the wet area.
Pabich states that he should drain the pool into the street, not into the wetland, and the compost can be place in another area on the lot so long as it is outside the buffer zone to the wetland.
Pabich opens to the public. There are no questions or comments.
Cornacchio: Motion to close the public hearing, seconded by Blier. Passes 4-0.
Pabich recommends a -3 determination.
Cornacchio: Motion to issue a -3 determination on 81 Valley Street, with the condition that the yard waste not be stored in the buffer zone, seconded by McCauley. Passes 4-0.
7. Public Hearing – Notice of Intent – DEP #64-491 – Salem Suede, Inc., PO Box 708, Salem, MA 01970
Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the demolition of existing buildings at 72 Flint Street, former Salem Suede buildings within 200 feet of the North River.
Pabich reads the following letters:
- Dated September 10, 2009, from the Federal Street neighborhood Association, Inc.
- Dated September 9, 2009, from Mack Park Trustees
Jim McDowell of Eastern Land Survey states that he has filed an NOI for the demolition of the Salem Suede Buildings. He states that there will be salvaging of materials so they won’t tear the building down into a big pile that creates a lot the dust. He explains that they will place a silt barrier sock around the perimeter, even though there will not be a lot of earth disturbance. Additionally, he says that a boom has already been placed in the river in conjunction with the emergency order.
McDowell states that they will be tearing down the one-story element of the building, and then working from the middle outward on the two buildings. He says that there is no intended use for this site for the next several months.
McDowell describes what they refer to as a “mystery drain” for stormwater off of Mason Street, and they don’t know where it goes or where the outfall is, and it will be protected.
Pabich asks for clarification about the location of the “mystery drain”.
McDowell states that the drain is not under the Bonfanti Building, and he will keep the Commission informed as they discover more on this.
McDowell describes the wastewater treatment plant on the site, stating that it discharges into the sewer. He adds that the dismantling of this system will be completed after the building comes down.
Larry Early with Regional Industrial Services describes the dismantling process stating that a portion of the clean water will be filtered through tanks and pumped back into the sewer.
Pabich asks about the capacity of this system.
Early says that it holds about 80,000 gallons in 4-5 tanks and analytical tests are being conducted to ensure that there are no toxins in this system.
Cornacchio asks if the buildings have cellars and McDowell states that none of the buildings have cellars and they were built on slabs.
Pabich asks about the channels through the floor that drain into the wastewater treatment plant.
Early states that the channels and the wastewater system were installed in about 1985. He adds that there are 2 sewer lines for the bathrooms and they go to the same line as the SESD.
Pabich asks how this system and the channels will be protected during the demolition.
Early states that there are plates on them now and it is gravity feed and the wastewater will be the last thing they deal with.
Pabich states that they must verify that there is enough storage space for anything that could happen. He cites the possibility of flooding during or after the demolition and cautions them about ensuring that these tanks do not overflow.
David Zion states that he believes this system can handle more than 400,000 gallons.
Pabich emphasizes that the water cannot leave the site.
Blier asks for specifics on the inside-out demolition process.
Larry Early states that they will be salvaging all of the timber, metal, and wood so the process will be slow. He adds that the wood that cannot be recycled is used for energy plants in Maine.
Blier asks if the material is stored on site as the building is taken down.
Early states that multiple trucks will be coming daily to take away the stuff so they will not have large piles of debris and they need the space so things will be taken down carefully. He iterates that this will be a selective, slow process and all of the material will be brought in and remain on the footprint. He says that some abatement is going on now and asbestos abatement workers have a shower in a containment booth.
Cornacchio asks if there have been any comments from the DEP.
McDowell states that there are no comments from the DEP. He adds that the surface will be finished with crushed up concrete.
Pabich states that there are concerns about dust and this is a health issue, not a conservation issue.
Early states that they have given a work plan to the BOH and the building department.
McDowell states that there is another drain in the center of the building which has been cut off. McDowell asks if it would be possible to close the hearing at the site visit.
Taormina states that they cannot close the hearing at the site visit but they can close it now and make it conditional. He recommends that it be expedited because they have the 10-day appeal period.
Pabich opens to the public.
Jim Treadwell of 36 Felt Street asks if there will be no ground disturbance.
Early states that it is a slab on grade so there will be minimal disturbance.
Treadwell asks if there will be cleaning of the soil.
McDowell states that the clean up of the soil will occur after the buildings have come down and they will obtain a separate permit for this.
Treadwell asks when the soils will be cleaned.
Pabich states that he would like to see the soils tested immediately after the buildings come down.
Taormina states that the Health Inspector reviewed the asbestos abatement.
Pabich states that the chemicals might have settled into the soil under the building, which will soon be exposed to the weather. He suggests having some sampling of the soils underneath the slab before the roof is removed.
The members explore the possibility of leaving the slab in place to cap the soil until the clean-up project occurs. They agree to condition the NOI to leave the slab in place and to grout the troths. They discuss the timing of this decision.
McDowell suggests conditioning the NOI on leaving the slab in place unless they provide evidence that the soil under the slab is suitable.
Pabich states that there will be a visual inspection and an LSP.
Jane Arlander of Federal Street asks about pest control.
Larry Early states that there is a State mandate for rodent control be done prior to the demolition.
Cornacchio: Motion to close the public hearing, seconded by McCauley. Passes 4-0.
Cornacchio: Motion to issue an Order of conditions with the special listed below:
- Stormwater shall pass through a constructed gravel berm and then a filtrex silt sock prior to flowing over land to the North River
- They will leave slab in place unless soil samples show it is free of contaminants
- Applicant shall report back to the Conservation Agent of defects and methods of repair to the concrete slabs
- Quarterly inspection of the slab after demolition is complete shall occur
- Daily inspection of the slab during the demolition shall occur
- The Conservation Commission shall be copied on an acceptable plan filed with SESD for proper removal of the waste water contained in the facility on-site as well as any stormwater on site
- An assessment of the entire drainage system for the site after the demolition shall be submitted to the Conservation Commission
- In the event of issues discovered during the site visit prior to demolition, the Commission shall impose additional conditions on the applicant.
The motion is seconded by McCauley. Passes 4-0.
The members agree to a site visit on Tuesday, September 15, 2009 at 4:15 p.m.
Old/New Business
8. Update on 40 March Street material stored in wetland and associated buffer zone
Frank Taormina distributes a memo from Duques regarding this issue. All items under Old/New Business are continued to the next meeting on September 24, 2009.
…
Cornacchio: Motion to adjourn, seconded by Blier. Passes 4-0.
The meeting is adjourned at 8:15 p.m.
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