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Approved Minutes, September 24, 2009
Salem Conservation Commission
Minutes of Meeting


Date and Time:  Thursday, September 24, 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, Carole McCauley
Members Absent: Amy Hamilton, Keith Glidden (moved from Salem and no longer serves on the Conservation Commission)
Others Present: Carey Duques, Conservation Agent
Recorder:       Andrea Bray


Chairperson Pabich calls the meeting to order.

1.  Approval of Minutes – September 10, 2009 Meeting

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

Cornacchio:     Motion to approve the minutes, seconded by Blier.  Passes 4-0.

2.  Continuation of a Public Hearing – Notice of Intent – DEP #4-491 – 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.

Bill Jennings states that the site walk raised some issues and they have addressed them.  He explains that runoff from Leggs Hill Road will run to the swale through 3 four-inch pipes from the road to swale.  The water will flow into three drainage outfalls on the northern side of the road, their locations may change slightly if field conditions indicate they should be in a different area.  He states that Scott Patrowicz has reviewed the drainage swale, drainage outfalls and rain garden designs and completed calculations to determine if they are an adequate size.  Based on the calculations, Scott Patrowicz added a series of check dams to the grass swale design that will slow the stormwater before it enters the rain garden.

Jennings explains that drainage swales on the northern side of Leggs Hill Road were reviewed and amended.

Regarding the wall, Jennings explains that the neighbors, Mr. and Mrs. Murray, have agreed to have the wall relocated, as it needs to be swung back to accommodate the new sidewalk.

McCauley states that it appears that the water flowing off Loring Avenue will come directly into the wall of the bridge.

Knowlton states that eventually there will be some structural adjustment to the bridge and he could address that.  He adds that a gutter should continue the water into the rain garden.

Knowlton explains that they will install some check dams (every 100 feet) in the swale to slow down the water coming into the rain garden.  He provides estimates for water management during a 2-year storm, a 10-year storm, and a 100-year storm.

Pabich confirms that semi-annual maintenance on the check dams will be required as part of the Order of Conditions.

Pabich asks for detail of overflow out of the rain garden.

Knowlton states that it overflows into the stone.  He adds that the City owns the roadway.

Cornacchio asks about saving the large trees on the upland side.

Knowlton states that they will try to save them if possible.

Pabich states that if there are significant trees coming down they will be required to replace them in another location.

Knowlton states that money is a big factor in this.

Blier suggests they stake the area for the Commission to view an extent of the swale before it is built.

Knowlton states that it will be difficult because it is so overgrown and there will be someone else doing the clearing.

Blier expresses concern about over clearing the area.  He says that someone should mark the sensitive trees and show them to Duques before the clearing.

Pabich states that he would like this as a condition and if too many trees are removed, some will need to be replaced.  He recommends installing temporary check dams with hay bales.

Pabich states that an erosion control plan should be completed before the swale is established.  He iterates that they must contact the Commission before cutting down any trees measuring 6-inches in caliper or greater.

Knowlton states that he could flag the larger trees (6-inches and larger) and talk to Duques before working.

Pabich expresses concern about the three pipes with the 4-inch inlets, stating that they are too small and will clog easily.

Knowlton says that he is looking into getting grates to place over them, but there is not a lot of area to put a cover over.

Jennings states that he is looking into one that will set into the granite curb.

Pabich suggests flaring out the southeastern corner of riprap connecting to rain garden.  Knowlton agrees to the design change.

Pabich opens to the public.

Barbara Warren asks if salt water will overflow into the rain garden.  She suggests conditioning the Order to enforce the observation of the rain garden plants, and to have salt-water species installed if necessary

Barbara Warren asks how high the water comes up at moon high tide.

Pabich states that it comes to 2 inches below the top of the cover, and they can condition the Order so brackish plantings could be planted in the rain garden if the others are killed.

Warren asks if the sidewalk will go to Marblehead.

Knowlton states that it goes all the way out and the bridge will be improved.

Cornacchio:             Motion to close the public hearing, seconded by Christie.  Passes 5-0.

Cornacchio:  Motion to issue an Order of Conditions with the following special conditions:
  • The applicant will submit a semi-annual maintenance plan for the check dams and rain garden.
  • Erosion control will installed (temp check dams) prior to work.
  • Any trees of 6-inches in caliper or larger will be flagged and shown to the agent and the applicant may be required to replace such trees.
  • A grate will be set over each four inch drain pipe along the Leggs Hill roadway if practical.
  • Change to the design, at the southeaster corner of the rain garden the riprap will flare out.
  • The Murrays and the town of Marblehead must sign the NOI prior to issuance of the Order.
  • The rain garden will be observed for 2 seasons and, if affected by brackish water, the rain gardens plants will be replaced.
  • Erosion control will be installed at 3 discharges on the north side of the road if necessary.
The motion is seconded by McCauley.  Passes 5-0.

3.  Continuation of a 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.

David Knowlton asks to continue this because they just received the survey needed to make estimates for the job.

Pabich continues the hearing until October 8, 2009.

4.  Pubic Hearing – Notice of Intent – City of Salem – 93 Washington Street, Salem, MA 01970

Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss improvements to Winter Island Maritime Park at 50-120 Winter Island Road, including removal of invasive species and restoration and preservation of the freshwater moat.

William Hanger, Manager of Winter Island Park, states that he sought information from Barbara Warren about the invasive species (phragmites and bittersweet) that seems to be taking over there.  He says that he started taking it out and was told to stop. He explains that the area has fresh water, he believes spring fed, not salt water, or at least 95% fresh water and the area is not connected with the bay.  He says that he would like to get permission to cut the phragmites and get someone from the City to spray to eliminate it, and eventually he would like to see the whole moat restored.

Pabich asks Barbara Warren about the spray.

Warren states that it goes into the roots but does not make the soil toxic.  She suggests that Hanger cut the seed heads, bag them and trash them.  She says that this is the right time to spray, not after a frost, or in June.  She adds that a licensed applicator should be aware of the correct time for spraying.  She suggests cutting the plants down to about 1 foot before spraying.

Pabich states that he would like to see the plan for the space once the invasive species are eradicated.

Hanger states that once they are eradicated he would like to replace it with the kind of grass that will grow there now, and to clear out the underbrush as much as possible.

Warren states that now there is no vegetation under the trees, just dirt and it will need to be an adaptive plan.  She suggests using straw waddle logs or coconut core logs around the moat to provide a place to put some plantings.

Pabich states that the issue for what will be done to the plants in the water will not be answered tonight.

Warren states that it can be cut so that you can see into the land and then formulate a more complete plan.  Because of the shortage of time she suggests giving Hanger permission to cut the seed heads off, put them in the trash and send them to RESCO and they will burn them.

Blier states that the phragmites is only half of the equation and the other half is the bittersweet.

Warren states that Hanger should first cut the vine at the root and the top will die.  Then mulch it and cover it in black plastic.

Pabich suggests scheduling a site visit.

McCauley asks if the City has some invasive species management plan and Duques says that they do not.

Pabich opens to the public.

Stacy Kilb of 16 Heritage Drive, volunteers to help with the work.

Pabich says they can give the go-ahead to cut the seed heads as long as he does not disturb the soils.  He adds that they can continue this hearing.

The members agree to a site visit on October 8, 2009, at 5:00 p.m.

McCauley:               Motion to continue this hearing until October 8, 2009, seconded by Cornacchio.  Passes 5-0.

Old/New Business

5.  Request for an Extension to an existing Order of Conditions, DEP #64-432, National Park Service, Pedrick’s Warehouse, Derby Wharf

Duques states that they are requesting a 3-year extension to complete drainage line on the gutter running from the eastern side of the structure.

McCauley:               Motion to extend the Order of Conditions for three more years, seconded by Cornacchio.  Passes 5-0.

Duques states that the National Park Service will install 14 exhibits and/or signs along Derby Wharf and there will be footings and this will require and RDA.

6.  Request for a Certificate of Compliance, DEP # 64-476, 25 Winter Island Road

Duques states that this is the Karam’s property.  She recommends a full Certificate of Compliance.

McCauley:       Motion to issue a full certificate of compliance, seconded by Christie.  Passes 5-0.

7.  Request for a Certificate of Compliance, DEP #64-463, 15 and 25 Winter Island Road

Duques states that this is a joint request between the Karams and O’Sheas to do some work.  She recommends issuing a full Certificate of Compliance.

Cornacchio:             Motion to issue a full Certificate of Compliance, seconded by Christie.  Passes 5-0.

8.  Update on 40 March Street material stored in wetland and associated buffer zone

Duques states that she sent a letter to Greg Grant, at 40 March Street, and he removed the material so there is no need to fine, but there are structures there, and he is not the only violator on this section of the North River.  She adds that he submitted an NOI but she needs a filing to permit the structure, the gangway, and the float.

Much discussion ensues regarding the action that should be taken on this issue.

Duques agrees to follow up with DEP.

9.  Boat in Resource

Barbara Warren states that when one is on Lafayette Street, when entering Marblehead and looking back, one can see that someone has a boat there and it never leaves, and it has been there for over a year on the Salt Marsh.

Pabich suggests that Duques notify the owner that the boat must be removed.


Cornacchio:             Motion to adjourn, seconded by Christie.  Passes 5-0.

The meeting is adjourned at 8:00 p.m.