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Approved Minutes, October 8, 2009
Salem Conservation Commission
Minutes of Meeting


Date and Time:  Thursday, October 8, 2009, 6:00 p.m.
Meeting Location:       Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present:        Vice Chairperson Rebecca Christie, Michael Blier, Kevin Cornacchio, Carole McCauley, Amy Hamilton,
Members Absent: Chairman David Pabich
Others Present: Carey Duques, Conservation Agent
Recorder:       Stacy Kilb


Vice Chairperson Christie calls the meeting to order.

  • Approval of Minutes – September 24, 2009 Meeting
Voting members are Blier, Cornacchio, Christie, and McCauley.

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

  • Continuation of a Public Hearing—Request for Determination of Applicability— City of Salem 120 Washington Street, Salem,  MA  01970.  
Duques: City engineer has requested a continuance.
Cornacchio: Motion to continue;  Blier seconds motion.   Passes 5-0

  • Continuation of a Public Hearing— Notice of Intent—City of Salem 93 Washington Street, Salem, MA  01970.  
William Hanger, Winter Island Park Manager: began bagging phragmities seeds & cutting & mulching stalks.

Mr. Hanger summarized his action plan as discussed last meeting; he wants to cut all phragmities before the first frost.  The City of Salem does have a couple of licensed applicators; the appropriate herbicide for use near water is Rodeo.  It gets into roots of the plant but does not harm other flora or fauna.  Mr. Hanger wants to spray Rodeo this fall.  He will continue to cut and spray as needed next fall.  He would like to replace the phragmities along the moat with the same grass that goes to edge now.  

Cornacchio: Asks if the phragmities goes beyond water line.

Hanger: Replies that it does; he will cut the seed heads and stalks of the plants in water too.

Cornacchio: Raises concerns about damaging the embankment as it can be muddy.
Christie: Questions how to apply herbicide to plants in water.

Hanger: Pesticide gets applied to top of the  tube of  the plant and gets down into roots, killing the plant.  He plans to use waders or a dinghy to access plants in the water.  

McCauley: Explains that it (herbicide application) must be done before 1st frost; Hanger agrees.

Duques: This case has been assigned a DEP file number; the number is DEP 64-493.  According to her contact at the DEP, Mr. Hanger must use a  licensed applicator, the herbicide must not be sprayed on a windy day, and applied only during dry conditions.  Rodeo was specified as the herbicide to use, and Mr. Hanger must post any warnings as required by that herbicide.

Cornacchio: Questions how to dispose of the seeds; Mr. Hanger says that they’re bagged.

Barbara Warren (of Salem Sound Coast Watch) says they get burned once they go to the waste facility.

Blier asks about the Oriental Bittersweet on the island; Mr. Hanger answers that it’s getting mulched, including the seeds.  The  berries get mashed but he can’t be certain that they get destroyed.  He says he intends to cap the mulch pile so that they don’t spread.

Blier asks how long seeds will be viable; B. Warren says that it could be a long time.

Blier questions what the Commission is approving.  What will this agreement enable Mr. Hanger to do?  He is worried that the scope of the application may be too large; there are some worries about what is meant by “restoration.”

Duques: Answers that the notice of intent thus far covers the application of herbicides to phragmities and other invasive species on the island

Blier: Says he is in favor of allowing removal of invasive species, but “restoration” could be broadly interpreted.  

Hanger: Replies that restoration of the moat and other structures on the island is the ultimate goal, but will require funding to achieve.  

Blier & Christie: Question if the Commission will be allowing too much (i.e., building other structures on the island as covered by the term “restoration”).

Duques: Clarifies that it means removal of bittersweet & phragmities; Mr. Hanger will clarify this on his application.  They also talked about the smaller moat during her visit to Winter Island, and agreed that it should also be cleared and grubbed.  Mr. Hanger may need to stop clear-cutting if there is a natural spring there.  One possibility would be to  put a black cap over the exposed area to stop phragmities from growing there.  Mr. Hanger’s application should be narrowed down to include only clearing phragmities and bittersweet by hand or using hand-operated tools, for example a weed whacker.  Kevin Cornacchio agrees.

Hanger: Says that this is part of a Salem project.  Cornacchio agrees that restoration should be an eventual goal.  Blier concurs.  Barbara Warren points out that it is a long term goal.

Hanger says his application is broad so that he doesn’t have to come back in 6 months to open a new application for the same issue.

Duques: States that the order to remove invasive species is good for 3 years and the Order of Conditions will clearly state what activities are permitted.  Further construction or other improvements on the island would require a new filing.  

Hanger says he understands.

Christie opens for public discussion.

Duques: Amy listened to the recording (from the previous meeting, which she missed), reviewed the meeting minutes and signed a waiver so she can vote as per Mullins Rule.

Cornacchio: Asks if there should be any special conditions.

Duques: Says that Mr. Hanger must follow DEP’s  suggestions of using a licensed applicator, not spraying on windy days, posting the warnings required, and using Rodeo brand herbicide.  
Cornacchio agrees; Blier wants to provide for slope protection once it has been cleared.

Duques suggests using a coconut log for this purpose

Barbara Warren points out that the soil won’t be disturbed; the phragmities roots will still be intact.  She suggests including a condition that bank gets watched, and if erosion occurs, then protection will be installed.  Planting the embankment will have to wait until the phragmities is completely cleared (possibly next year).

Cornacchio suggests installing erosion control as needed.

Hanger asks if, as a result of this meeting, the city has permission to spray as there’s a condition not to spray within 100 ft of water.

Cornacchio says that if DEP approved/suggested it, it should be OK.

Duques proposes a meeting at the site with Tom O’Shea to confirm permission to spray. She adds as condition that they meet to discuss allowance of spraying.

Cornacchio: Motion to close public hearing; Blier seconds. Passes 4-0.

Cornacchio: Motion of intent to let phragmities and bittersweet be removed as per conditions stated earlier, on the whole island.   Michael Blier seconds, Carol McCauley abstains.  Passes 4-0, with 1 abstaining.


  • Request for Determination of Applicability— Dominion Energy 24 Fort Avenue, Salem, MA  01970.  
Cornacchio recuses himself (but does not leave the room).

Nicole Wilkinson, environmental specialist for Dominion.  They would like to replace the dock house.  This would involve removing the 9.5’ x 11.5’ galvanized building that is bolted to the pier; it would be replaced with a prefabricated structure on the same footprint as the existing structure, and will use existing the electrical service.  No in-water work and no excavation  is required.

Blier asks if there is water in bldg; Nicole says there isn’t, just electricity.

Christie asks if the crane they’ll use is on site or if they need to obtain one.

Cornacchio says that the crane is on site.

Duques says that she checked to see if this work was exempt, but the structure is on a pier, in a buffer zone, but does not involve soil disturbance.

Wilkinson says she didn’t want it to be an issue.

Christie asks what will happen to old building.

Wilkinson says the metal will be disposed of or recycled; Cornacchio says it will be pulled apart.

Christie opens for public discussion; motions to close public discussion; McCauley seconds.  
Passes 4-0, 1 recused.

Duques agrees to issue a negative 3, which is for work in buffer zone, with no impact.  There are several conditions imposed:
        - All work is to be done from the land side
        - All components of the previous structure are to be removed and properly disposed outside of the resource area
        - The applicant is to maintain the structure, ensuring that it remains in tact  

Hamilton motions to approve of conditions; McCauley seconds. Approved 4-0; 1 recused

  • Request for Determination of Applicability— National Park Service 160 Derby Street, Salem.  
        Dave Kayser, National Park Service, museum curator at the Maritime Site.  He wants to install World Trade Exhibits ranging from very small to a larger, entrance exhibit.  There will be some interpretive/interactive exhibits also. He hopes to install these in November and is almost done with planning.  Installation will require minimal digging for footings; he intends to auger to a depth of no more than 3’ for footings.   Because of Conservation Commission and archeological concerns, he will trying to keep digging to a minimum.

Funding is in place but design has gone on longer than expected.  Mr. Kayser needs 6-8 weeks to construct the panels for the exhibit.  He can build possibly into December but that may be too late.  He can produce the exhibits now and install in spring if needed.  

Cornacchio asks if concrete will be poured in the footing holes; Kayser says yes, most holes will be filled.

Blier asks what will be done with the materials that have been dug up; Kayser says it will be trucked off site, but it should be minimal.

Cornacchio asks for a condition that dirt not be left overnight in case it rains; he doesn’t want it stored in the buffer zone.  

Duques describes the exhibit.

Kayser says they can cover materials that have been removed, but Cornacchio thinks that slope may be a negative factor, so Kayser agrees to truck them off site.  

Duques asks Cornacchio if it should be hauled off site or just off the buffer zone; Cornacchio says just off the buffer zone would suffice.

Duques asks if there will be a gravel base around the larger exhibits; Kayser says there will be.  

Kayser says the wharf will be more educational when the project is completed.  He describes the wharf as it was in the 19th century; it’s not a lively place now and the NPS is trying to bring back that feel.  

Christie: Points out that the exhibit focuses on an often-neglected aspect of Salem other than sensationalism.  She asks if the boat portion of the exhibit will be a cross-section of a boat.

Kayser says he wants to show the interior of a ship, and that portion of the exhibit will also be used as place for performances, interpretive talks, demos, musical groups, etc.  It should be large enough for 4-6 people to be performing there.

Cornacchio states that if dirt is removed daily, there is no need for erosion control.  Asks if there is a need for coconut logs.  Probably not.  

Christie opens for public discussion.

Cornacchio motions to close hearing; Hamilton seconds.  Passes 5-0

Duques is looking for a negative 3 with the condition that excavated material be hauled daily and not left uncovered.

Cornacchio motions in favor of the negative 3; Blier seconds.   Approved 5-0.


  • Old /New Business
  • Request for an Extension to an existing Order of Conditions DEP #64-418 Osborne Hills Sub Division Marlboro Road
Duques says that a continuance has requested until Oct. 22nd (the next meeting).

…..

Cornacchio: motion to adjourn, Blier seconds.  Passes 5-0

The meeting is adjourned at 7:00 p.m.