Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, October 22, 2009, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chairman David Pabich, Michael Blier, Kevin Cornacchio, Amy Hamilton,
Members Absent: Vice Chairperson Rebecca Christie, Carole McCauley
Others Present: Carey Duques, Conservation Agent
Recorder: Stacy Kilb
Pabich calls the meeting to order.
- Approval of Minutes – October 8, 2009 Meeting
- Voting members are Blier, Cornacchio, and Hamilton.
- Cornacchio: Motion to approve the minutes, seconded by Hamilton. Passes 3-0.
- Continuation of a Public Hearing—Request for Determination of Applicability— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River.
Duques points out that this issue has continued for months. The benefit to the city is that they don’t have to file again.
Cornacchio motions to continue until the Nov. 12th meeting. Blier seconds. Passes 4-0.
- Request for an Extension to an existing Order of Conditions DEP #64-418 Osborne Hills Sub Division Marlboro Road
Pabich reads aloud the formal request (DEP File # 64-418)
Paul DiBiase of Osborne Hills Realty Trust explains that 12 houses were built and sold at Strongwater Crossing. Some additional curb work is planned before winter. Some street tree plantings, blasting and earth moving will be done in the 2nd phase.
Pabich asks how many lots there will be per phase.
DiBiase answers that there are 19 lots in the 1st phase, 12 of which are constructed, and two of those had Order of Conditions for which Certificates of Compliance were obtained. The order remaining in the 1st and 2nd phase is an order permitting road construction.
Pabich asks if there should be separate orders for each phase or if the original should be amended
Duques explains that the amendment to the Original Order of Conditions combines phases 1, 2, 3, 4, and 5.
Duques states that upon completion of phases 1 & 2, partial Certificates of Compliance will be requested.
Duques questions if this request for an extension is for the next 3 years.
DiBiase says that it is, since it is not possible to give an exact time frame.
Cornacchio asks if there’s been erosion, etc.
DiBiase says there has been no erosion, that common areas are maintained & plowed, and they are trying to move forward with funding for curbing. They want to put in 1200 more feet of curbing in front of the completed houses. They can’t do it for houses not constructed yet. He spoke to Rick Rennard, of City of Salem’s DPW about planting street trees; it was recommended they be planted every 30 feet. The nurseries the trees would come from are hesitant; they don’t want to send/plant one of recommended species. They plan to do it in the spring.
Pabich opens to the public. There are no questions or comments.
Cornacchio motions to extend the Osborne Hills project (DEP File # 64-418) for 3 more years. Blier seconds. Passes 4-0
- Discussion of Bakers Island Project and Appeal
Duques explains the history of events and updates the Commission on where the project stands. She states that the Commission issued an Order of Conditions to the coast guard for DEP #64-479. This order was appealed, and the DEP & Duques worked together to conduct a site visit of Bakers Island and obtain additional information from the U.S. Coast Guard. The DEP issued a Superseding Order of Conditions which was also appealed. Duques explains that Robert Leavens, who appealed the project, has been in discussions with the DEP. As a result of the appeals an adjudicatory hearing will be held this winter, and he is here to talk to commission regarding changes to the original proposal.
Robert Leavens of Magnola, MA explains to the Commission that he is concerned about changes to the US Coast Guard’s methodology of doing work – for example, mooring the barge off the beach and putting down bars. A site visit/Superseding Order advanced a new plan suggesting they would build a path below the high tide line to land the barge on, blocking the longshore current. He’s concerned if something happens downstream to hold up the project, this path could be left & could damage the pier. At the advice of Rebecca Cutting of the DEP, he is asking the Commission what they know about the plans. The DEP decided it was a change and had a settlement agreement.
Leavens stated that the reason for coming here isn’t relevant anymore. He agrees with that portion of settlement; the Coast Guard agreed not to have a structure for more than 90 days.
Pabich recalls a horseshoe shaped structure to be closer to low water, in the interest of having the barge not be on the beach. He appreciates the need for a timeline, and agrees that this level of inadequacy in a government application is startling.
Blier asks why there was a change in terms of the landing.
Pabich says the change was asking for more detail up to the beach onto the site.
Leavens states that the plan now is to crash the boat onto it instead of keeping the barge offshore; though he still doesn’t want it there for a long time.
Pabich says that the Commission has been updated.
Leavens has come to terms with DEP on a couple of issues; one other issue will be decided in Superior Court.
Pabich opens to the public.
Annie Harris is a member of the public who holds a license to the Coast Guard Station through Essex National Heritage Commission. Harris views the plan and asks about modifications.
Pabich decides that the matter requires no action on the Commission’s part, and that the issue is complete for now.
- Commission to vote on release of funds for Commissioners to attend MACC Fundamental Workshop Series
Duques says that Becky Christie was interested in attending some of the 8 fundamental workshop units offered by Mass. Association of Conservation Commissions. Each course costs $45; Duques has attended two. When all have been attended you get a certificate. They can be useful.
Blier asks where to go to see the roster.
Duques tells him to see the MACC website. Most units offered are Saturdays; two are offered at a time.
Cornacchio says that the information is also printed in a monthly newsletter.
Blier asks if it would be appropriate to list a blanket amount, then put the leftover money back in the fund.
Duques agrees and suggests an amount of $500.
Pabich states that this should be enough if other members want to go.
Hamilton motions to release $500 for Commissioner workshop attendance. Cornacchio seconds, passes 4-0.
New Business not on agenda: Activity at Winter Island Yacht Yard located on Winter Island Road
Duques points out that a last-minute item has come up. She asked Peter Haywood to attend the meeting after observing unpermitted activity occurring at Winter Island Yacht Yard located on Winter Island Road without a permit from the Conservation Commission. The project included the installation of a boat wash system including a trench drain and separate storage tank; it appeared that everything was installed today.
Peter Haywood, 3A Winter Island Road, states that there was no land fill, etc. He has not been before the Commission in a while, but was here approximately three years ago.
Pabich says that he made it clear earlier that machine usage would require him (Peter Haywood) to come before the Commission
Haywood replies that the DEP came out last year and checked out the marina and required that a boat wash system be installed. Haywood explains how the system works; a trough feeds water, which is pumped into a tank; a membrane is rolled out, the boat is placed on the membrane and then washed, allowing for the wash water to be directed into the trough. The water is pumped from the trough to a tank, where the sediment sinks down and the water is recycled.
Haywood explains that when they started the project the digging proved too difficult to do by hand so he hired a backhoe.
Pabich points out there are several yards of open material, and asks about size of drain. Pabich thinks that lots of material could migrate across the site, and reminds Haywood that earlier, he made it clear that they weren’t to do any significant digging without speaking to Commission first, or fines could be levied. Pabich states that Haywood should have asked if he needed to file. This project warrants an RDA at least, if not a full NOI filing.
Cornacchio says that the stockpile is loose material that is subject to rain and erosion, and there is no blockage or sedimentation control that would prevent the material from washing into the cove.
Haywood argues that the material was put back today so that rain wouldn’t be a factor and that it was a one-day project.
Pabich states possible contaminants that could come from the wash water from the bottoms of the boats, such as copper paint, which will be at ever greater concentrations as more boats get washed and the water is reused.
Haywood states that the water will be filtered and pumped.
Pabich says that even though it will be contained, the contaminants in re-used water can still be an issue. Pabich requests more information about this.
Cornacchio says that the Commission went through this with another project and had various questions and expects Winter Island Yacht Yard to follow the same procedure of filing with the Commission for installing a wash system.
Haywood says he had EBI (a consulting firm) come in but can’t find the folder. He has such a low quantity he says he doesn’t need treatment – he can contain & truck the material. He describes the size and setup of the trench/tank.
Pabich asks about the mechanism for pumping.
Haywood says it’s a centrifugal pump. He explains that South Essex Sewerage wouldn’t let them dump there, and a place on the Cape puts it in Barnstable’s system, but he will have to truck it out and it will have to be disposed of.
Cornacchio reiterates that he shouldn’t have dug without calling. The Commission went over this 3 years ago. Haywood should not disregard the formalities that everyone else has to go through.
Pabich tells Haywood that it would be one thing if he hadn’t been in front of the Commission before, but this has been gone over. He recommends to the Commission that they levy a fine.
Duques says that 2 years ago, in May of 07, Haywood had a project where he did file an RDA to repair existing riprap slope, and 3 years ago he filed a Notice of Intent to install a dead-man to anchor an existing seawall to.
Pabich says that after filing two times with the Commission it appeared that Haywood was aware of the process. He reminds Haywood that no matter how small, the project still needs to be filed with the Commission. Pabich states that he should at least call Duques.
Haywood reminds the Commission that the activity started this morning and is already done.
Blier reiterates that completing work without filing with the Commission is not acceptable.
Cornacchio reminds Haywood that he is not exempt from these regulations on his projects and states there should be a fine, because it’s a repeated issue.
Pabich states that Haywood needs to file an after-the-fact RDA.
Duques agrees that since this is buffer zone work, an RDA would be appropriate.
Pabich proposes a fine of $200.
Haywood says he is trying to improve operations at his yacht yard. He argues that the need for the machine was a “last minute” problem he encountered.
Pabich says he understands and agrees, but Haywood still needs to follow the rules. He questions why it was “last minute” if he’s known about this project and what it entails from DEP from a while ago.
Haywood says that the first method of digging wasn’t effective.
Pabich tells him that this project has been in planning for a while, so there is no excuse for not filing, especially as the process has been explained before. He will suggest that the Commission issue a $200 fine and that Haywood file an RDA.
Haywood asks what is needed for the RDA. Duques says she will send it to him.
Pabich moves to levy a $200 fine; Cornacchio seconds. Passes 4-0.
Duques tells Haywood to make the check out to the City of Salem; she will send out a violation letter that explains everything in writing.
Other
Pabich presents a certificate of service to Kevin Cornacchio, who is stepping down from the Conservation Commission.
Cornacchio motions to adjourn; Hamilton seconds. Passes 4-0
The meeting is adjourned at 6:50 PM.
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