Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, Dec. 10, 2009, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Michael Blier, Amy Hamilton, Dan Ricciarelli, Rebecca Christie, Carole McCauley, and Julia Knisel
Members Absent: Chairman David Pabich
Others Present: Carey Duques, Conservation Agent
Recorder: Stacy Kilb
Christie calls the meeting to order.
Meeting Minutes— October 22, 2009
- Voting members are Michael Blier and Amy Hamilton.
- Hamilton: Motion to approve the minutes, seconded by Blier. Passes 2-0.
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.
Applicant requested a continuation to Jan. 14th 2010.
Public Hearing— Request for an Amendment to an Existing Order of Conditions for the South River Harborwalk — DEP #64-466— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the change in the anchoring of the new steel sheetpile bulkhead at the western end of the South River from a helical anchor system to steel batter piles.
Mathew Taverna, structural engineer from Vine Associates, presents the case for the change in the anchoring system.
His firm has run into several difficulties with the existing tie-back system, including limitations due to stones and other obstructions in fill that was previously placed at the site. This change is also requested due to budget constraints – Vine Associates will not be able to stay within the quoted price with the current system. Concrete bores were considered, but deemed too expensive. Mr. Taverna feels that batter piles would be an affordable, workable choice that would also fall within budget while having minimal impact on the environment (roughly 2 square feet per pile). Additionally, steel batter piles would still hold in the event that the soil behind them failed.
Taverna asks if there are any questions.
Blier asks for clarification if the project refers to the western edge exclusively or if it includes other areas.
Taverna reiterates that the problems they face are being caused by the vertical installation of tie backs into in this particular area containing fill, so it’s the only one to which this change applies.
Frank Taormina, harbor coordinator for the City of Salem, clarifies that the bulkhead wall at the end of the river is the only place they want to do this. There are no tieback systems in front of the granite wall.
McCauley asks if there were structural issues necessitating reinforcement.
Taverna answers in the affirmative; a new wall is necessary as the current one is too tall to hold without support. Helical anchors aren’t practical as excavation is not possible, so the batter pile system is a better option.
Discussion ensues about the environmental impacts of the project, driving of the piles, and setup of the project.
Frank Taormina asks Taverna to explain the depth at which the steel sheeting will be driven.
Taverna says that the elevation will be -35 from mean low water datum; piles will be -36. Both will be to the same depth to allow for good penetration so piles will still support the wall even if soil erodes.
There is further discussion about the fill into which the piles will be placed. Some questions about monitoring the piles and who would do that arise.
Taverna points out that with helical anchors, there’s no way to check/monitor them. Steel batter piles can be inspected, on the other hand. Additionally, single ones can be replaced, instead of having to do all of them. Taormina adds that examined with existing technology even if they’re 36 feet below the mudline. Parts above water can be inspected visually.
Blier asks how he intends to connect to the drainage system.
Taormina outlines his plan for weep holes, backfill, and the pitch of the walkway.
Duques asks if the walkway Taormina speaks of is located on the Western edge. She says that a drainage system should also be installed along southern side as a component of the redevelopment of 15 Peabody Street. She asks if this is currently being installed.
Taormina confirms this.
Christie opens for public discussion, then calls for a motion for an amended order of conditions, keeping the existing special conditions.
Duques points out that some conditions have already been met and asks if any others would be appropriate.
McCauley motions to issue an amended order of conditions; seconded by Blier. Passes 6-0. No additional conditions were added to the Amended Order of Conditions.
Public Hearing—Request for a Determination of Applicability— Peter and Diane Haywood 3A Winter Island Road, Salem, MA 01970. The purpose of this hearing is to discuss the after-the-fact installation of a boat bottom wash system, proposed on-going site and building maintenance, re-grading activities, installation of a heated concrete footing in the temporary structure, at Winter Island Yacht Yard 3A Winter Island Road.
Duques reviews the October situation of the installation of a boat bottom wash system without permits; the Commission asked Peter Haywood to come before them at that time. Since then, his $200 fine was received. Duques met with Peter and Diane and had them lay out what they want to do within the next 2 years. It was decided that a Request for a Determination of Applicability was a good place to start.
Peter Haywood says that the document submitted is more like a wish list; none of the projects are definite yet.
Duques reiterates the need for Haywood to run his ideas before the Commission before proceeding, even though she doesn’t want him to feel overly inhibited with his projects. This Determination of Applicability applies to his whole list but is open for discussion. She questions the installation of heated concrete footing because of sediment migration underneath. She recommends erosion control measures.
Blier asks for clarification; Duques says it’s a Determination of Applicability for all projects listed.
Haywood states that the trough is finished but more grading is needed, as well as heat for a structure. This would be in the form of heated footing with buried tubing. Since installation would occur under the structure, excavation materials would already be covered.
Blier asks if re-grading the boatyard is a different matter.
Discussion continues regarding site maintenance having to do with both the powerwash collection system and storm surge runoff, as the two are related.
Duques states that she walked along the eastern side of the temporary structure – runoff currently pools there until it seeps into ground – and it’s closer to the street than to the seawall.
Haywood says he re-graded that so it goes more toward street; he also installed a silt fence.
Blier asks what is currently done with snow.
Haywood discusses location of the snow pile and describes a City catch basin on the property. He adds that storm water runoff is tested to see if there are metals present.
Duques asks for a description of the powerwash system that was installed; Haywood describes it in depth. Tanks would be emptied by a collection agency at the end of the season, and the system needs to be removable since it is only used seasonally and is driven over at times.
Discussion continues with regards to what is contained in the runoff from the boats being washed and what, if anything, was in place before the current system
Christie opens for public discussion, and calls for a motion to approve conditions.
Haywood agrees to call Duques if he needs more information before completing any work, and she will advise him whether or not to come before the Commission.
Hamilton motions to issue the Determination of Applicability and is seconded by Blier. Determination is issued with a -3 with Conditions. Passes 6-0.
Public Hearing— Notice of Intent— DEP #64-495— Harmony Grove Cemetery 30 Grove Street Salem, MA 01970. The purpose of this hearing is to discuss the proposal for continued Cemetery leaf storage operations and install plantings within a Riverfront Area at Harmony Grove Cemetery 30 Grove Street.
Will be continued to Jan. 14th meeting.
Elizabeth Wallace has requested this continuance.
Public Hearing—Request for a Determination of Applicability— Palmer Cove Yacht Club 78 Leavitt Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a vessel bottom pressure washing, water containment device at Palmer Cove Yacht Club 78 Leavitt Street.
Marcus R. Winder from Palmer Cove – member of Yacht Club introduces the project. The Club would like to build a containment system for pressure washing boat bottoms. Winder outlines plans for a concrete pad with a complete containment system that constantly recycles the wash water it uses. He notes that the Club washes 55-65 boats per season, but they only expect 3-5 gallons of contaminants by the end of each. The current crushed stone permeable surface will be removed, then stored and finally used again later to re-grade when the pad is completed. This stone will be stored in a shed near the pad site.
Winder further describes the system; the existing pressure washer has a 5 gallon per minute output, but the containment system can handle 20 gallons/minute. There is no connection to city water or sewer. Wastes will be delivered to an appropriate disposal facility, and records of this will be kept.
Ricciarelli asks if they are currently washing in this position now.
Winder says they are.
There is some discussion about how the system deals with rainwater.
Ricciarelli asks if the Commission could come view the current Encylon system being used.
Winder says it isn’t possible at the present, but shows a handout describing the system, which he says is not new technology, having been used for the past 40 years.
There is some discussion about how the pad itself will be cleaned and also about the disposal of contaminants, along with records of the latter.
Christie opens for public discussion.
Duques reiterates that Winder is looking for a Determination of Applicability; there are no photos of this site, but the Commission can go out and view the property or can issue the Determination now with conditions. One recommended condition: require an O&M binder be kept on site documenting waste manifests, where and when it was hauled off site and disposed of.
More discussion about excavated materials and project timing ensues.
Christie recommends a site visit.
Duques reminds the Commission that the reason for the Request for Determination is because it’s a buffer zone and also because it’s the same idea as at the Winter Island Yacht Club. More filings could also be required, but the Commission can implement conditions and still do a site visit.
Winder adds that boats are already in storage, a site visit would be difficult but do-able at this point in time.
Duques suggests site visit dates but recommends that Commission members go before that date on their own. She suggests a site visit this Saturday (Dec. 12th) and another January 9th. Winder agrees. Duques says she will come down and take photos in case commissioners are not able to attend. Julia, Carole and Amy will do a site visit on Saturday at 9 AM. The visit on Jan. 9th will also be at 9 AM.
Rich Morneau, Commodore of the Club, also agrees to the site visit.
Hamilton motions to continue; seconded by McCauley. Passes 6-0.
Public Hearing—Request for a Determination of Applicability— Dominion Energy 5000 Dominion Boulevard Glen Allen, VA 23060. The purpose of this hearing is to discuss the installation of a trench drain and catch basin collection system at Dominion Energy located at 24 Fort Avenue within a buffer zone to Salem Harbor.
Nicole Wilkinson, Dominion Resource Services. Drainage system improvements are intended for the North end of powerhouse.
Area surface is uneven and water pools there; it’s currently contained by a partial curb and some hay bales. The area is covered under multi-sector general permit and they do sample.
Dominion would like to install a trench to drain this water, then run it through their existing treatment facility through pipes that are already in place
Blier asks if both curbing and trench drains are part of application.
Wilkinson says they are and they want to complete this project now, before winter. They would like to grade but can’t do it now due to season; Dominion would like to do it next year. The current site presents a hazard in the winter. Some curbing will remain in place, some new curbing will be installed, and a silt fence would be added while the existing fence will stay.
Discussion ensues regarding trench drains, disposal of excavated material, the pumping mechanism, and timing of the project.
Wilkinson answer the Commission’s concerns, adding that the drains they plan to install will immediately be hooked up to the system, while repaving will occur next spring or summer to provide a more permanent solution.
Duques asks how often the existing system gets cleaned out.
Wilkinson says not often, as the tanks are very large. Tanks are inspected monthly and cleaned when sediment accumulates, roughly quarterly. Sludge is disposed of in a regulated landfill.
Questions arise about the use of trenches; Wilkinson replies.
Christie opens to public discussion.
Duques recommends a -3 w/conditions, the main one being the submission of annual reports documenting the cleaning of the system to the Conservation Commission. She also recommends storing materials outside of the buffer zone and resource area.
McCauley asks why the Commission doesn’t do site visits.
Wilkinson outlines security procedures but state that Commissioners are welcome to visit if they call ahead to schedule an escorted tour.
There is a call for a motion to issue a - 3 with several conditions:
1. That annual reports be submitted at year’s end
2. Soil from trenching be covered and stored out of the resource area
3. That an O & M binder be kept on site. Records used under multi-area permit could be used instead of a separate binder. Maintenance plan will also be there.
Dominion should also copy the Conservation Commission on maintenance records.
Hamilton motions to issue the Determination of Applicability, a -3 with the conditions mentioned. Blier seconds. Passes 6-0.
Wilkinson will send Duques an email with dates for site visit.
Public Hearing—Notice of Intent—DEP #64-494— Shallop Landing, LLC 40 Lowell Street Peabody, MA 01960. The purpose of this hearing is to discuss removal and replacement of an existing storm drain on Szetela Lane in association with the development of a subdivision.
John Kelty of Shallop Landing, LLC, outlines the project in question, the development of a 15-lot subdivision and requests the approval of the Commission to install an offsite storm water management system.
Also attending are Mr. Singleton, manager of the LLC, Mike Geyser, previous LSP for the City of Salem, and Jim McDowell of Eastern Land Survey, designers of the plan for the subdivision.
McDowell outlines the existing conditions of the project; a storm scepter will be placed inside of Shallop Lane. Maintenance will be paid for by the homeowner’s association. He also outlines the installation of a tide gate that would prevent the tide from coming back into the system; he stresses that there is currently no tide gate installed. Alteration of the beach will be avoided by pulling the pipe back from its present location.
McDowell outlines the items that Duques has set forth regarding proposed outfall, tide gate, and the storm scepter along with its maintenance. He reviews the structure of the development and describes the buffer zone. He also goes over the DEP’s comments regarding storm runoff and groundwater filtration. Rain gardens were not proposed as the soil is not amenable to them. The system’s capacity is also described.
Duques questions snow storage; McDowell describes the area and says it would be hauled offsite in a major storm.
Mike Geyser describes the soil on the site. It was previously industrial, so there is still contamination present, though not all such areas have been identified. The plan for containment is to lay down a barrier, then place a layer of soil over it. Activity and use limitations would also be put into place.
Geyser outlines the (10-year-old) DEP policy on such sites, which is to not do anything that would exacerbate the condition. In this case, surface water would be directed through catch basins, the flow off-site rather than infiltrating. This will only occur with runoff from paved areas; landscaped areas will absorb rainfall into the subsurface. Roof water will also be directed to the drainage system.
Duques questions and Geyser describes the activity and use limitations on the site. He clarifies that the goal is to prevent direct contact with the contamination; this protection is provided by the 2’ of soil on top of a snow fence barrier. Slabs, not basements, under the houses along with paved driving surfaces also provide this barrier.
Discussion ensues regarding curbing, landscaping and erosion control measures.
There are also questions about the timing and permitting of the project. A site visit is scheduled for 9:30AM this Saturday (Dec.12th). The focus of the visit with be on the outfall pipe; McDowell describes its location so the Commission can find it.
Duques will check tide schedule for the Jan. 9th site visit for those who can’t make it there Saturday.
McDowell states that he will have the plan changes done and given to Mr. Knowlton by the next Conservation Commission meeting.
Christie opens for public discussion.
Blier motions to continue, seconded by Hamilton; passes 6-0.
Carole McCauley & Michael Blier leave the meeting.
Old /New Business
- Request for a Certificate of Compliance DEP #64-398—Costa Sideridis 2 Autumn View Salem, MA 01970.
Duques states that the actual development is different than what was approved. Regarding special conditions, some have not been met, such as the installation of City of Salem Wetland Resource Area markers. The property owner is requesting this Certificate now because of the timing of his refinance. It’s very last minute as the original order, issued in 2005, has expired. It appears that more work is to be done and Duques would like more information.
Christie suggests asking him to come to January meeting, and asks if the same thing happening with other property in question (see next item).
Duques says no; the other project was completed as approved.
The Commission agrees to ask the homeowner to attend the next meeting on Jan 14th. Duques points out that Wetland markers must be installed.
The Commission confirms the request for the owner to attend the Jan 14th meeting and approves 14 Buena Vista site (as referenced below). The purpose of having the owner present at the next meeting would be to have him explain the additional work and his failure to follow the original plan, as well as his failure to install wetland markers.
Hamilton motions to continue, seconded by Knisel; passes 4-0.
- Request for a Certificate of Compliance DEP #64-448—Costa Sideridis 14 Buena Vista West Salem, MA 01970.
Duques reiterates that the project was completed as approved in 2007 and recommends a full Certificate of Compliance.
Hamilton motions to issue a full certificate of compliance, seconded by Ricciarelli; passes 4-0.
- Request for a Certificate of Compliance DEP #64-132—Tropical Products 220 Highland Avenue Salem, MA 01970.
Duques explains that two ancient Orders of Conditions are still open for this site. They date to the 1986 construction of the parking lot and installation of two catch basins. The owner insists that cleanout of the basins is not needed, as they are checked each December. He will be coming before the Commission in January for a 2nd order for wetland replication. He needs to remove the silt sock before the Commission will issue the Certificate of Compliance for this 2nd order of conditions (wetland replication).
The owner is also requesting a Certificate for the catch basin and parking lot work. He has been in full compliance on those issues.
Duques recommends a granting of the full Certificate of Compliance.
Hamilton motions to issue a full certificate of compliance, seconded by Ricciarelli; passes 4-0.
- Review of response letter to students of Boxford Elementary School
Three letters were sent to the Commission regarding vernal pools & asked why Salem only has three of them; Duques has drafted a response. No action has been taken to certify vernal pool on Clark Ave. Duques questions if this is a possible project for the 6th graders who wrote the letters? Duques will email a final copy of her response letter to the Commissioners.
- Review draft letter to DEP commenting on the possible restructuring of Wetlands Division
Julia Knisel recuses herself from the discussion.
Duques outlines the DEP’s plan to remove the ability for people to appeal Orders of Conditions directly to the DEP; this would directly impact the Conservation Commission and would overburden the court system. Duques is currently reviewing MACC comments.
Some suggestions by Commission members include paid arbitration or mediation before going to court, or possible summary judgment should this plan go through. Duques will edit the letter and will email the Commissioners a copy of the final letter.
- Looking for a Commissioner to volunteer to be part of the Open Space and Recreation Committee
Duques explains that Michael Blier volunteered for this position prior to leaving the meeting. The Open Space and Recreation committee’s action plan must be updated by Feb. 28th. Christie would like to attend a public hearing on the matter next month. The Committee will meet again in February to issue a final plan.
- Approval of 2010 Meeting Schedule
Meetings will occur the 2nd and 4th Thursdays of each month, except for some Jewish holidays in Sept. There is no meeting in August and only one in November and December because of holidays.
A vote to approve is passed by all.
Hamilton motions adjourn, Ricciarelli seconds. Passes 4-0
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