Skip Navigation
This table is used for column layout.
Approved Minutes, April 8, 2010
Salem Conservation Commission
Minutes of Meeting


Date and Time:  Thursday, April 8, 2010, 6:00 p.m.
Meeting Location:       Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present:        Amy Hamilton, Dan Ricciarelli, David Pabich, and Julia Knisel,
Members Absent: Michael Blier, Carole McCauley, Rebecca Christie
Others Present: Carey Duques, Conservation Agent
Recorder:       Stacy Kilb


Pabich opens the meeting.

1.  Approval of  Meeting Minutes—March 11, 2010
Hamilton motions to approve; Knisel seconds.  Passes 3-0.   Pabich was not present at the last meeting, so doesn’t vote.

2.  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.

Teri Demerse and Bill Ross are present.   David Knowlton, P.E. of the City of Salem, presents. A V-notch weir would be good for South River flood times.  The City wants to put a temporary device near the culvert to hold back water, measure its impact and incorporate that data into a model to remedy S. River drainage issues.

Bill Ross takes over and describes layout of South River and tributaries, and flooding issues.  The intent was to slow down runoff and put it into the golf course to give the area more time to recover from storms.  This was in the 1960s.  There is some storage in golf course areas that is under-utilized.  These are 1 acre/35’water or 35 acres/1’ of water.  They have already installed a flow meter device 2 years ago, and have that data.  

Currently there are 35 acre-feet of storage available – based on improved mapping they have now it’s more like 100 acre-feet.  Ross presents the recorded data – surface level vs. daily rainfall.  Also recorded is the level of storage.  Flow depth never got above 17’.  Only 2.5 of the 35 (or 100) acre-feet available are actually being currently used.

Pabich clarifies that only reason it is not being used is because it is controlled by the existing culvert and its limitations.  Ross agrees – the culvert is too large and is over-designed.   

Ross outlines the  proposal – which is to put in an outlet structure,  a temporary wooden v-notch weir allowing them to back up flows, especially during major storms.  It is set to protrude off the wall with an 18’ elevation.  Flooding at that elevation would not put any homes in danger.   They will also be installing a depth sensor upstream of the weir.  

Pabich asks about the duration of data collection.  Ross says it depends on the amount of rain received.  Pabich comments that it’s too bad they didn’t get this done last fall (referring to all the rain we’ve had as of late).  Ross says they’d like to see at least a 3” storm, though it may not occur for a while.

Pabich opens to public.

Pabich comments that it’s a needed solution.  Hamilton motions to pass, Ricciarelli seconds, and the measure passes 4-0.  

Pabich proposes the conditions of updates to Commission on timelines involved and public notification to residents in the area explaining the project to them, to allay their fears.  He also asks that the City give Commission a timeline after it’s installed and inform them when the weir is gone.  

Pabich asks if they’ll look at the outlet to Rosie’s pond, which is also under-utilized storage.  He thinks it should be incorporated and Knowlton from the City agrees.  

3.Continuation of a 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. ~

Pabich was not present at the last meeting so he signs the affidavit.

Fran Mayo provides an update.  John Reardon, president of board, is present to give his input.  Peter Ogren is not present but has submitted updated plan.  Mayo points out that this is their 4th appearance before the Commission and he would like to get the issue resolved.  The current proposal is 30% less area than previously discussed, and is completely out of 100-year flood zone.  He still feels they are exempt from Rivers Act but will adhere to Commission’s wishes.  

Mayo then passes out a memo on some of the points made in the Rivers Act and his proposals for restoration.  He also gives out the standard conditions they’d abide by.  The site will be 150’ from the river,  with the installation of a fence to hold leaves.  He requests an Order of Conditions and expresses hope that DEP will approve.  

Pabich asks about modifications to the plan – he previously met with the above parties and Carey Duques.  His concern includes isolation of activity from flood waters; to remedy this a low berm will be placed outside of fence, and riverfront area between the property line and 200’ from the riverfront area will also be restored.  He is satisfied with the amended Plan.

Duques points out that also proposed was a mix of various plantings, not just sweet pepperbush.  Other berry bushes have been added instead to attract wildlife.  

Pabich points out that restoration also included removal of other materials previously put down.  John Reardon talks about overseeding with a wildflower conservation mix.  

Pabich says all of the Commission’s concerns have been addressed.  He says when the berm is removed they may get more water on property.

Pabich opens for public discussion

Beverly McSwiggin, of the Mack Park neighborhood Association, wants to work with Harmony Grove Cemetery;  she opines that  Harmony Grove Road is not pleasant.  The Cemetery owns land across the street.  She passes around pictures of the road, which is littered with trash.   She would like to see cleanup of that area.  Also there is a large area of fencing down along the road.  She understands that they are planning to put a fence up.

Pabich confirms that it’s not in the plan, but Mayo says restoration of existing fence can be added in as an order of conditions.  Reardon says he has plans on his desk for a fence but did not continue implementation due to DEP’s cease and desist.  Pabich says it should be made clear in the plan that the fence will be repaired/replaced in kind – it is  preferable to roll it into this plan.  

McSwiggin wants the replacement of the fence, which abuts Salem Oil and Grease.  Mayo says he doesn’t know about the fencing on that side – McSwiggin says there isn’t any, it’s not an issue – but Mayo is in favor of the  cleanup.

Pabich calls for additional “no dumping – riverfront” signs on the opposite side of the street.  Reardon points out that money for fencing has been and will be spent on the current project so repairs may not happen right away.  Pabich points out that the Order of Conditions is for 3 years; McSwiggin is impatient and Reardon points out that it will be done before then.  Reardon wants permission to clean up this spring.   

Pabich calls for the addition of conditions for fence restoration and cleanup.  Additionally, all compost activities must comply with local and state regulations.  

Hamilton asks about erosion controls – should Harmony Grove put something along the fence?  Pabich comments that there should be earthwork;  Duques points out that the Order of Conditions (general)  has erosion control provisions, but the amended Order has that a silt fence should be on the outside of the fence.  Pabich suggests displaying the DEP File number on the visible side of Harmony Grove Rd.  

Ricciarelli questions the  size of signs; Reardon says he was going to hang signs on the fencing around the compost pile and on the chain link fence along Harmony Grove Road.  Ricciarelli says there must be a standard size; Mayo says signs can be approved by the  Conservation Agent; Pabich says someone in planning department can do that.  Pabich suggests some locations for the signs.  

Reardon outlines where the berm will be.  Pabich then suggests that the silt fence should be on the INSIDE of the fence on Harmony Grove property.

Hamilton motions,  and is seconded by Ricciarelli, to close the Public Hearing.  

Knisel motions to issue an Amended Order of Conditions; Hamilton seconds.  Passes 4-0

Duques reads back the conditions:

  • Silt fence to be installed on the inside of the project fence.
  • Conservation  Agent shall review/approve signs prior to installation.
  • Signage shall be installed at 100’ intervals along riverfront area as well as other side of Harmony Grove Road.
  • Plantings as per plan shall be included.
  • Per plan no leaf decomposition will occur within the 100 year flood zone.
  • Applicant will back-blade disturbed area.
  • Berm will be built up along south side of compost area.
  • Chain link fence will be repaired/replaced in kind.
  • Applicant shall adhere to state/local regulations for all composting activity.
  • Also cleanup of debris across the road will occur.  Pabich stipulates that cleanup along the river should be done by hand.  (Harmony Grove run it by Conservation Agent if they need equipment for removal of large objects.)
4.  Public Hearing— Amendment to an Existing Order of Conditions—DEP #64-470—Stephen Lovely, 14 Story Street Salem, MA. ~The purpose of this hearing is to discuss amendments to a previously issued Order of Conditions (#64-470) regarding the construction of a single family dwelling, driveway, grading, utilities at 1 Parallel Street, Lot A to include installation of catch ~basins, pipe, bituminous curbing and a reduction in area of approved paving to control offsite drainage at the site. ~

Chris Mello of Eastern Land Survey represents Mr. Lovely.  He is asking to modify some parts of the original plan:
  • Eliminate proposed paving and replace it with loam and seed.
  • Eliminate curbing that will go across lot A, replace the curbing with a berm.  
  • Add 2 proposed spreader swales on lot A.  He describes them as having a depression towards the center, being lined with stone, and having a pitch at 1% from Parallel St. through the  buffer zone to the  resource area, in order to channel runoff and use stone as dissipater for energy created.   They found that there are no catch basins on Parallel because there is not enough difference so they can’t/won’t do them.
Pabich asks if the grass area would have an impact on the fire dept. or the planning dept –  for example, to allow for turnaround of fire trucks and emergency vehicles; Mello says approval was NOT required.  Pabich is also concerned about the lack of granite curbing – this close to a resource area snow plows shred cape cod berms and they fall apart – the Commission never deviates from requiring granite curbing.  He thinks the swales make sense.  

Duques says she spoke to the city engineer, who hadn’t seen this plan, only the one with a catch basin so they don’t have his input.  Mello says the original didn’t have catch basin either; it is possible this is the 1st time he’s seen this plan.   

Mr. Lovely outlines grades, lines, and his discussion with the city engineer – he says it was a discussion, not a plan.  

Pabich asks about a certain spot on map – an existing spot grade, included in this proposal.  He is concerned about change in elevation across the easement, as there wasn’t supposed to be any change.  He and Mello discuss elevations.    

Knisel asks if the grass area is in the calculations for flood storage like in the original order.  Mello says less paving equals less runoff so storage would be improved.  

Pabich wants to discuss other concerns: general housekeeping on site has been sub-par.  Further controls had been requested and asks whether they were done.  Lovely replies that they were not done right away as the silt sock froze, but then they had to get machines to move it.  According to Pabich it was installed after all the rain so it was pointless.  

Discussion ensues about timing of silt sock placement and installation of hay bales.  Pabich doesn’t feel repairs were expedient – the condition on site was not tolerable and was not remedied until a month later, after the heavy rain.  He is upset with the timing of this.  

Pabich also mentions that there was excavated material and gravel below the slabs or grade.  He wants to know if material has been brought off site (it has).  He questions the volume of gravel brought onto the site, the creation of the “rat cellars”, and actually houses that will result in the displacement of water on the sites.  He reminds Lovely that the original Order of Conditions requires 1:1 flood storage area.  Pabich suggests that material may need to be brought off the site in order to meet this condition.  Pabich says it’s important to all neighbors not to increase volume on site at all, as this would displace water into neighbors’ basements.  Mr. Lovely says he will meet that condition.

Pabich asks about an outlet for the swales.  Mello says the spreader is a structure itself, with no real outlet.  Water will run from the grass/paving to the stone of the swale to the  grass top at grade, with the bottom being 6-12” below grade so it can’t erode.

Hamilton asks if they will be installing fabric under the stone.  They will not.  

Ricciarelli questions the grades.  Mello discusses grades and contours.  Pabich wants the city engineer to sign off on a certain low spot.   Mello would accept as a condition.  

Duques asks for a description of the swales that are there; Mello complies – the current swale was partially built across lots B & C.  Duques asks about second one; it was temporary, on lot A.  She says she was contacted by the EPA on an anonymous concern stating that wetlands on Parallel Street were being developed; she assured them that total area was not above an acre as this would prompt a notice of intent.  Mello says that not lot size but alteration of more than 43K square feet is required to trigger NPDES.  They aren’t developing that much.

Pabich says he noticed siltation against silt barrier.  He wants it taken care of.  

Knisel asks about current swales’ extension into the resource area; Pabich says he can’t tell but Mr. Lovely says it doesn’t go past the silt sock.  He says they will clean up the site this week; Pabich reiterates that they can’t bring in more loam without removing other material first.  Lovely says he had loads of heavy clay removed and will continue to do so, so that he can put down loam.

Pabich also asks about erosion control in relation to the swales.  Mello describes this.

Ricciarelli asks if Parallel St. is public – it is.  It is not paved at the moment.  He thinks the city engineer should look at it.  They (developers) may want to do modifications on someone else’s property, but it is pointed out that the owners of those properties need to be co-applicants; the commission can’t give permission to work on other properties unless the other party is present.  

Mello wants the site graded and swales installed;  the curbing and other issues are minor.  Pabich asks if they want to withdraw the other two items.  Lovely says they will withdraw the request to do the paving now; he will speak to the City engineer first.

Pabich opens the discussion to the public.  

Ellie and Anna Rodriguez of 4 Parallel St. are present with their mother, who does not speak English.  Ellie translates for her, as it is her mother’s house.  All are concerned with the development and recent flooding, which they feel it has exacerbated.  

Pabich says that the Commission was reluctant to grant permission for development, but the applicant does have the right to develop the property, which is in Flood Zone A.  He reiterates that the applicant was asked to make sure that the lot, when completed, will take up no more space above grade than it did before so it won’t push excess water off site into the neighbors’ properties.  Pabich says they can’t do anything more.  

Ms. Rodriguez (mother)  asks if there’s a way to displace water elsewhere, as before at least it moved, and now it just sits.  

Pabich says in theory the grades should make water exit out to the pond, but right now it doesn’t.  The site was not graded to allow that until recently.  Ms. Rodriguez (mother) is  also worried that her pool will overfill due to water from storms.  She wants the water not to stay in her backyard.  

Pabich asks how long they have been at address and if the water situation has ever been worse than it is now, and if there was significant flooding on the street.  The residents say that they have lived there for four and a half years, and the last flooding occurred 2-3 years ago during a large storm.  

Pabich asks Mr. Mello to weigh in.  Mello says the flow isn’t good but they have permission now to build an outlet and are asking for permission to put two more in, between two  houses.  If Parallel St. floods that won’t change but they don’t want to exacerbate it.  

Duques asks what the beginning of the first swale will look like.  Mello replies that it will be like a crushed stone driveway.  When asked if it will capture water, he says it will give pathways to all water coming from Parallel ST.  Duques  asks why the spreader between lots B and C isn’t larger if water is coming from another street – this has to do with driveways in the area.  Duques asks if proposed the driveways are concrete – they are bituminous.  She asks if they should be pavers.  

Pabich says the problem is when the water is above grade.  

Diane Dube of  2 Parallel St. provides comments.  She says this was the worst she’s ever seen it.  A culvert flooded, and she is concerned that if water comes through Lawrence St., it will back up onto her property.  Pabich reiterates that problems were due to poor housekeeping on site and he is sure that applicant will make sure it drains properly.  The project has been approved and can’t be undone.  It won’t alleviate any problems but the goal is to not create new ones.  Ms. Dube asks if there will be restrictions on new homeowners so that they can’t put in more loam.  Lovely says each deed will include provisions that no improvements can be made to the lot without Conservation Commission approval; Pabich wants that language to reflect that grades will not change , so Lovely says he will verify that that is, in fact, what is stated.   Duques reads the language, which does not currently reference changes to grade/topography, but which should be included.

Ricciarelli motions to close the public hearing, and is seconded by Hamilton  Passes 4-0.

Duques summarizes what the amendment request is for.  The applicant has withdrawn the request to change the bituminous paving to grass and has withdrawn the request to change granite curb to bituminous.  The amendment request is only for the installation of two stone swales, both on Lot A as shown on plans submitted to the Con Com.  

Special conditions:
Approval of city engineer before final construction (easement).
Approval of the concept in general by the city engineer.
A maintenance plan for the swales should be recorded on the deed for new buyers.
Deed restriction shall reflect that property owner may not change grade/topography without Commission approval.

Ricciarelli motions to approve the Order of Conditions;  Hamilton seconds.  Passes 4-0

5.  Public Hearing— Request for Determination of Applicability—City of Salem Cemetery & Shade Tree Dept, 57 Orne Street Salem, MA. ~The purpose of this hearing is for a determination of work related to the aquatic management program conducted on Sargent and Fountain Ponds located on the grounds of the Greenlawn Cemetery. ~

Dominic Meringnolo – Sr. Environmental Engineer of Aquatic Control Technology, Inc.,  presents.  

Every three years Mr. Maringnolo requests a negative determination for treatment of two shallow ponds.  One is very large, the other small.  Both are nutrient rich, and have been treated with herbicides and an algaecide two to three times a year.  They file with the DEP listing the products, amounts used, and sites every year.  He has an herbicide license to apply them.  Mr. Meringnolo is asking to use the same three products as in the past – Captain Liquid Copper, Sonar, and Diquad for the algae.  All are EPA approved.  

Now he is asking for another negative determination to continue the program as before.  

Pabich requests Barbara Warren’s (SSCW) input.  She did an adjudicatory hearing with the DEP; there were residents who appealed the Conservation Commission’s allowing abutters to use the herbicides above.   Residents lost and herbicide use will be allowed; the problem is it’s done 2-3 times per year, and is this becomes a  regime that must be kept up.  

One question is the location of the outfall.  Meringnolo replies that it is the detention basin for the cemetery.  Overflow outflow goes into a small stream and salt marsh.  The pond is up over its banks right now and is  8-12” above normal.  In summer there is no outflow.  He says other long term solutions such as dredging would be costly.  They treat only when they have to – they check and get reports when conditions warrant treatment and only do it at those times.

Pabich asks if practices in the cemetery could reduce nutrients in the ponds.  Meringnolo says ponds have a deep muck layer that contributes nutrients.  One pond is 3-4’ deep so the water gets very warm, so along with nutrients the algae runs wild.  Pabich asks if all three products degrade quickly.  

Peringnolo answers that they do.  The use of copper is very precise – now down to .1 to .2 PPM down from 1 ppm years ago.  The algaecide does not degrade.  Its concentration is 240 mg/kg in MA as tested in ponds.  Treatment adds .1 mg/kg.   This would add up over time but they do it only as needed.  

Pabich mentions Tedesco Pond, which was restricted for no outflow;  sand bags were placed for a period of time after treatment.  With regard to these ponds there should be no outflow during treatment.

Meringnolo requests a -2 determination with conditions.  Conditions include application only during times of no visible discharge and that the Commission will be copied on all DEP applications.  

Hamilton motions to close the public hearing, and is seconded by Knisel.

Hamilton motions to issue a Negative 2 Determination;   Ricciarelli seconds.  Passes 4-0.  

Old/New Business
  • Request for an Extension to an Existing Order of Conditions DEP #64-364— Tedesco Pond Association, Aquatic Management Program at Tedesco Pond, 70 Atlantic Avenue.
Meringnolo presents again as his company also manages this pond, which is treated once a year for duckweed.  The pond is fairly deep and it is good to have some plants in it, but not 100% coverage, so they try to strike a balance.
He would like to keep the Order open for another three years.  
Duques asks if sampling/monitoring is still going on.  It is not required  but residents had requested it.  However, they weren’t finding anything so didn’t continue monitoring.  
Duques outlines previous conditions.  The pond is in Salem though residences near it have Marblehead addresses.  
Ricciarelli motions to extend and is seconded by Knisel; passes 4-0.  
  • Request for an Extension to an Existing Order of Conditions DEP #64-444 — Salem Sound Coastwatch, Phragmities eradication project at Pickman Park.
Barbara Warren of Salem Sound Coastwatch presents.  

Applicants are asking for 3 year extension, but don’t know if they will use it.  They are working with Dr. Young of Salem State, and want to continue monitoring.  They won’t use Burnout herbicide.  SSCW has a contract with the college to monitor and come up with a salt marsh management plan.  Ms. Warren shows the plan and outlines previous attempts at control.  

Pabich agrees to extend the order with notification to Duques.  

Knisel motions to grant the extension, and is  seconded by Ricciarelli.  Passes 4-0.
  • Discussion regarding becoming a Greenscapes member for 2010.
Barbara Warren presents again, outlining current progress and partners.  SSCW wants to distribute more newsletters, which won’t be mailed this time.  They are proposing an educational leaflet on water conservation and refrigerator magnets.  Duques says they could have a link to Greenscapes on the City’s website.   The Cost this year would be $1500 +$600 for materials, but half of the $2100 would be matched so it will only cost $1050.  

Pabich likes the idea.  Warren mentions new stormwater regulations from the EPA and states that SSCW /Greenscapes will be doing more outreach.  

Hamilton motions, is seconded by Ricciarelli, and is approved 4-0.  

Warren goes over the Adopt-A-Beach program.  She states that there are problems with shellfishing in Forest River Park – currently there is no sign prohibiting it.  Duques will put a link to the prohibited shellfishing areas on the city’s website.  
  • Request for an Extension to an Existing Order of Conditions DEP #64-443 — Mass. Electric/National Grid property, 20 Pierce Avenue.
The Commission had previously requested a letter ensuring that the  project is still in stormwater compliance (new regulations have come into play since last Order of Conditions were issued).  The letter was received and the project still meets the new standard.   Duques reads the letter.  

Ricciarelli motions, Knisel seconds, and the motion passes 4-0.  
  • Emergency Repairs at Forest River Park Seawall
Duques explains that she was notified by the building inspector that a sinkhole appeared along the Forest River seawall, but when she went to see it on April 1st, the repair work was already completed, and the hole had been backfilled with gravel.  However, the problem continues as the entire wall is being undermined by waves.  The City will come before the Commission with a full Notice of Intent for repairs.  In this particular case they filed an emergency certification after the fact for filling in the sinkhole.  
Barbara Warren weighs in, saying there needs to be more communication on this.  Duques asks how information will be conveyed to relevant parties re: Adopt-a-Beach.  Warren says plans for that are being developed.  Duques suggests a Listserv, and states that the City Engineer, Public Works, Conservation Commission should be on it.  
Other Updates
Salem Hospital received a request from the helicopter company to remove shrubs on the periphery of the current pad.  This may be outside the buffer zone.    Duques is running it by the Commission. They want to remove shrubs because there was kickback from helicopters so they originally planted shrubs, but now jersey barriers serve that purpose and the shrubs interfere.  
Duques mentioned that the Commission wanted a trade-off and planting plan for other areas along the perimeter of the parking lot wetland.  This plan should be in place before shrub removal.   Pabich wonders if plantings have been implemented; nothing has been  done because they were waiting for the Commission to tell them which plants.  
Knisel wonders how vegetation interferes with the landings. The Commission can’t figure it out as the shrubs are very small.  Duques will have them follow up with a planting plan.
Re: wetland cleanup at the hospital (raw sewage spill): The cleanup crew did as much as they could, then it rained so cleanup activities halted, but there is still a lot of paper and other debris that the cleanup crew will remove within the next few weeks.  They plan to abandon the old sewer line and put in a new one in along Dove Avenue (the Hospital will do this).  They must repair all manholes before abandoning the old line, which is currently in use.   
Also, on Dove Avenue off of Jefferson Ave a sinkhole was starting to form.  A light pole was there, which was removed.  The sinkhole was caused by a hole that formed culvert running under Dove Ave.  The culvert has disintegrated in one area allowing material to filter through when the water level is high.  The city is looking into how to fix it.  
Pabich asks about Furlong Park.   Construction is moving forward, test pits have been dug, and they found ash when working on the wall.  The project LSP was brought in and now testing is being done on the whole site because there are high levels of lead in certain areas.  They are trying to figure out to what the extent site needs to be capped.  
A Park Service site visit to view recent damages to the wharf is scheduled for April 23rd  at 9AM.  

Hamilton motions to close the meeting, Knisel seconds.  Passes 4-0.  Meeting ends at 8:35PM.