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Approved Minutes, May 13, 2010
Salem Conservation Commission
Minutes of Meeting


Date and Time:  Thursday, May 13, 2010, 6:00 p.m.
Meeting Location:       Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present:        Amy Hamilton, David Pabich, Michael Blier, Carole McCauley, Rebecca Christie, Julia Knisel
Members Absent: Dan Ricciarelli
Others Present: Frank Taormina, Staff Planner/Interim Conservation Agent
Recorder:       Stacy Kilb


Chairman Pabich calls the meeting to order at 6:00PM.

1.  Approval of  Meeting Minutes—April 8, 2010
Hamilton motions to approve and is seconded by Christie; the motion passes 5-0.   


The Chairman took the agenda out of order, and heard an Old/New Business item first, at the request of the applicant because of a scheduling conflict.

Old/New Business

Salem Hospital/North Shore Medical CenterScott Patrowicz, P.E. and Shelly Bisegna to present future development plans.

Ms. Pam Lawrence begins the presentation by describing the modifications to the wetlands mitigation that will take place.  The hospital plans to re-route the old sewer line.  Mr. Bisegna and his team will manage the project.  They will also perform wetland mitigation and work on the helipad.

Mr. Bisegna goes on to present a summary of what happened when the line clogged, and he explains its results.  Repairs will consist of abandonment of the existing pipe, digging a trench around the wetlands, and reconnecting to another line, as this would sidestep the need for major excavation.  He also discusses the involvement of Shaugnessy-Kaplan in this project.

Chairman Pabich asks for clarification of the project.

Ms. Lawrence mentions the feasibility study for this future project and describes the current situation.  There is a power plant at the front door of the hospital which provides heating and cooling for the entire facility, and it is at the end of its life.  It is neither efficient nor clean in its energy generation.  The hospital would like to decommission this plant and build a new one in a more suitable location, using clean technology.  They will spend less money on energy, locate the new plant away from the front door, and plan to use the newly created space to expand their already-overtaxed emergency room.  

Mr. Bisegna describes the plan for the new power plant.  He shows the Commission a plan of the plant and Highland Avenue.  This includes a proposal to move the plant to the rear of the hospital, at the lower end of the campus, so that it will not be an eyesore to the surrounding properties.  It will be situated on the side of a hill, and be connected to existing utilities.   Whereas the current plant runs on #6 Petroleum Oil, this one will be cleaner as it will run on natural gas; extra fuel will be kept onsite but will be used only for emergencies.  

The hospital is still considering the size of the unit along with the possibility of co-generation of electricity.  They are soliciting feedback from the Commission as there is no firm plan as of yet, and they would like input before proceeding.   

McCauley asks Mr. Bisegna to point out the resource area on his illustration; he does so.  Chairman Pabich comments that the project will mostly take place out of this area.   Mr. Bisegna replies that it will, except for one corner, and also outlines an easement that they cannot build on.   

Chairman Pabich questions the grade change to the wetland, commenting that it is not more than 12 feet, and the structure will be elevated compared to the wetland.  

Knisel comments that the footprint of the new structure appears larger than that of the old; Mr. Bisegna replies that this is because of the plans for co-generation, which includes a chiller system, cooling tower, and emergency generators.  There will also be more redundancy built into the system in case of failure or needed repairs.  

Mr. Patrowics then speaks, pointing out the wetland line and commenting that the basement is flat and therefore provides for stormwater mitigation.  

Knisel asks if they have considered solar or wind power generation; Mr. Bisegna states that they have, but found it not feasible as the roof of the Davenport section has too much equipment on it already.  They have also looked into using Biofuel, but the volume that would need to be burned in order to meet their needs would require two trucks per day, so that is not an option.  He reiterates their idea to use co-generation instead.

Ms. Lawrence points out that the hospital does abut several residences, so they would like to minimize the impact to those properties.

Discussion ensues about the future use of the space currently occupied by the power plant and the plans for the new sewer pipe.  

Ms. Lawrence points out that topography is an issue.  McCauley asks if they have considered multi-level parking.  Mr. Bisegna says that they have not but will look into the option.  Ms. Lawrence comments that parking is not a siting factor; staying out of the wetlands is a larger concern.  Knisels asks if they can do a multi-level and use the area for expansion of the Emergency room; Ms. Lawrence states that having such a large building directly in view would be an issue for the hospital’s neighbors.

Blier asks if there will be windows in the plant; Mr. Bisegna says that there will not, so it can be embedded in the hill.   

Christie asks how high it will be; Mr. Bisegna says it will be ground level plus one story.  Christie then asks if blasting will be involved in formation of the trench; this is not known.  McCauley asks if economics is the sole reason the hospital produces its own power.  Mr. Bisegna explains that historically the hospital has used a steam boiler facility, though right now they are obtaining electricity from National Grid.  

Chairman Pabich lauds the hospital’s deference to their so-called “crappy wetlands” and appreciates their sensitivity.  It is critical that they do not build in a resource area, and while the proposed location is hardly ideal, it is acceptable to him.  He does worry about the foundation being on a slope and not having a stable embankment and asks if it will be at grade.  Mr. Bisegna replies that they will try to build at grade, but may need fill.

Chairman Pabich expresses his annoyance at the fact that , at a previous meeting, the hospital had put forth the helipad project as urgent, yet it is still not done, though the Commission was pushed into accepting it.  The Conservation Commission would only like to see serious projects that are necessary.  He asks how much of that site was cleared; only that which was viewed at a previous site visit was removed, though Jersey barriers have since been set up.  None of the flagged trees have been cut down yet, only some small ones.  They still need to maintain the brush that was cleared, and want to remove and relocate some bushes
Ms. Lawrence assures the Commission that from now on they will only see “real projects” brought before them.   Chairman Pabich mentions previous snow disposal in the wetlands; Mr. Bisegna claims it has been ceased and snow now gets hauled to the Jefferson Ave. parking lot.  

Continuation of Public Hearing—Notice of Intent—Amerada Hess Corporation, 1 Hess Plaza, Woodbridge, NJ  07095.  The purpose of this hearing is to discuss the proposed construction of a ten foot wide concrete walkway along the South River seawall within a Riverfront Area and Land Subject to Coastal Storm Flowage behind Hess Gas Station located at 295 Derby Street.

Luke DiStefano, P.E. from Bohler Engineering, presents.   He outlines the previous discussion and the intent to build the Harborwalk on top of the seawall.  He has contacted Kevin Pelletier from North Shore Marine, the Contractors that are currently constructing the City of Salem’s Harborwalk, and asked him to review the structural integrity of the seawall at Hess and put together a profile of the seaward face of the Harborwalk Construction.  

DiStefano reviews the report and construction profile by North Shore Marine with the Commission.  The report found that the seawall was sound and the best course of action is to add another course or two of granite on top of the seawall and then construct the Harborwalk on top of that, to achieve the necessary elevation.  No piles, dredging, or reinforcement are needed.  He does not foresee any potential impacts but states he will come before the Commission if any are found.

Discussion ensues between Knisel, Taormina, Chairman Pabich, and Mr. DiStefano about the various heights, elevations, and tide levels.  

Knisel asks about the stability of the seawall.  Mr. DiStefano replies that the wall is sound and in good shape.   Some of the top blocks have been pulled out, but this will be addressed.  

Chairman Pabich presumes that Mr. Pelletier is not a Structural Engineer, and would like an engineer to review the wall and sign off on its integrity.  Mr. DiStefano agrees to this.  Taormina confirms that the proposed elevation of Hess’s Harborwalk will be identical to that of the City’s Harborwalk on the other side of the River.

Knisel is still concerned with the elevation and there is further discussion about mean low water translations and filter fabric.  Taormina confirms that at this elevation, Hess’s Harborwalk will meet ADA at the transition from the City’s portion of the Harborwalk to Hess’s.  

Chairman Pabich asks about details at the end of the site.  Mr. DiStefano says that the addition of the stone will act as a built-in retaining wall, but Chairman Pabich is concerned about the area where the Harborwalk will abut the adjacent vacant lot.  He is worried about differences in grades of the Harborwalk and that lot.  Bohler must get permission to go onto that property; its owner must sign the Notice of Intent if Bohler will be working on that property or using it as a staging area.  

Chairman Pabich states that he would like these loose ends attended to; they include erosion spots, pipes and property line questions.  Knisel appreciates that the Harborwalk on this side will mirror the City’s elevation.

Chairman Pabich cautions Mr. DiStefano regarding earthmoving procedures in order to prevent erosion.  

Blier asks about grading, and Mr. DiStefano replies that the area naturally drains onto Hess’s property as it is lower than the surrounding lots.  If necessary water will sheetflow over Harborwalk and into the South River.  Blier also asks about plantings on the revised plan; there are some existing shrubs.

Chairman Pabich opens to the public, but there are no questions at this time.

Taormina states that DEP has not yet issued a DEP Number and Comments.  The Commission cannot close the public hearing and issue an Order of Conditions without a DEP Number.  He suggests that if DEPs comments are minor, that the Commission could close the Public Hearing at the next meeting and issue an Order of Conditions without the presence of the Applicant, but if the DEP does have significant comments, then Bohler Engineering will have to come before the Commission with revised plans for the Commission to review.  

Chairman Pabich agreed that that was a good idea and outlines the potential special conditions that would be issued at the next meeting, if DEP’s comments are minor and they can close without the applicant in attendance:
  • An erosion control plan must be in place
  • An structural engineering study must be completed, to determine the integrity of the seawall
  • There can be no machinery or stockpiled material located within the buffer zone
A motion to continue the public hearing was made my McCauley, seconded by Hamilton.  The motion passes 6-0.

Public Hearing—Request for Determination of Applicability—Dominion Energy, 5000  Dominion Boulevard, Glen Allen, VA  23060.  The purpose of this hearing is to discuss the removal of the existing wooden dolphin platform in Salem Harbor off of Dominion Energy located at 24 Fort Avenue.

Nicole Wilkinson of Dominion Energy presenting.  Dominion would like to remove a 14’ x 24’ wood pile dolphin and a portion of the docking platform.   This involves the removal of 19 piles and cross girders, as well as some access ramp supports, for safety purposes.  She proposes putting a turbidity curtain in the water to minimize disturbance.  This has been submitted to the DEP’s Chapter 91 program, and as soon as she hears from them, she will inform the Commission.  

There is some debate over whether or not the turbidity curtain will extend deep enough; Ms. Wilkinson states that she will check into it but that they will use a barge for access.  

Chairman Pabich questions the procedure, asking if Dominion plans to pull up the pilings one by one, and says the Commission will move forward on that assumption.  If that is not the case, they should come before the Commission a second time.  

Knisel asks about the extent of the dolphin and notices something growing on the pilings; McCauley is concerned about spreading marine invasives if it turns out to be didemnum (a plant that looks like pancake batter and is extremely aggressive and invasive).  

Ms. Wilkinson wonders what her other options are if the turbidity curtain won’t work.  She asks if it would be possible to cut the piles at the mudline in that case.  She says the process should take two weeks.  

Chairman Pabich reminds Ms. Wilkinson that the timbers may not be stored on site and must be disposed of off site.  

A motion to issue a Negative 2 Determination is given by Hamilton, seconded by Christie and passes 6-0 with the following special conditions:
  • A silt curtain long enough to reach the bottom of the ocean floor must be used to control water quality;
  • If marine invasive species, such as Didemnum Vexillum are observed, the piles removed must be handled with care so not to dislodge the insavie species and allow them to migrate off site.  Piles should also be dried out on land, prior to disposal.  

Old/New Business

  • Salem Hospital/North Shore Medical CenterScott Patrowicz, P.E. and Shelly Bisegna to present future development plans.  (See item #2.)
  • Request for Extension Permit for Order of ConditionsDEP #64-420Leggs Hill YMCA
        
Ms. O’Neill, the executive director of the YMCA, requests an extension.  Chairman Pabich reminds the Commission that this is regarding site work by the pond, and Taormina describes the site.  Bill Jennings of WJJ Planning is also present.  Taormina recommends a one year extension instead of the 6mounth request made by the applicant, even though according to Ms. O’Neil it will probably not take that long.  

A Motion to issue a one year extension is made by Blier, seconded by Christie, approved by a vote of 6-0.

The YMCA took the liberty to discuss another related matter with the Commission (Leggs Hill Roadway reconstruction project DEP #64-491).  Mr. Jennings requested that the Chairman attend the pre-construction meeting to discuss some modifications.

Taormina states that the City Engineer should be present to answer these questions, as the City of Salem is technically the Applicant and the YMCA is just involved in the joint payment of the work.  Discussion regarding the detail of the work was explained and who should attend ensued.

A pre-construction meeting was agreed upon for Friday, 5/14 at 8AM.  The Chairman stated for the record that this is not an official site visit, but a pre-construction meeting for a previously approved project.  

        
  • Request for a Certificate of ComplianceDEP #64-396National Grid
Taormina updated the Commission on the capping measures done by National Grid.  Taormina states that he completed a site visit with Ken Lento.  The capping and armoring of the coastal bank off the LNG site at Pierce Ave is completed.  He mentioned that the staging area has stabilized and that the mitigation plantings that were required have also took and was done in accordance to the Order.   He recommends a full Certificate of Compliance be issued.  

A motion to issue a full Certificate of Compliance was put forth by Christie and seconded by Blier.  It passes 5-0, as McCauley left the meeting earlier.  

As a side note, Taormina states that National Grid completed all the work under the Emergency Certificate, and shared with them the report and photos taken by National Grid of the completed work with them.


  • National Grid Electrical Transmission Cable Replacement Project
Taormina updated the Commission on the National Grid Transmission Cable Replacement Project. He stated that National Grid is soliciting comments from the Commission regarding their three alternatives.  He mentioned that he would draft a letter for the Commission to review and approve at the next meeting.   

Lastly, Taormina stated that he got a call from Mary-Ann Letart at 15 Colby Street regarding the overgrowth of vegetation in Andy’s Pond behind her house.  The pond is owned by the Conservation Commission, and this woman says that she is willing to help pay for measures to be done.  The Commission recalls this request before and directed Frank to speak to Barbara Warren of Salem Sound Coastwatch first and see if she would be willing to work with the Commission regarding the matter.  Frank agreed to reach out to Barbara.

A motion to close the meeting is made by Knisel, seconded by Christie.  The motion passes 5-0.  The meeting was adjourned at 7:45PM.

Respectfully submitted,


Stacy Kilb,
Conservation Commission Clerk