Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, October 27, 2011, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Dan Ricciarelli, Carole McCauley, Acting Chair David Pabich, Gavin McAuliffe,
Members Absent: Chairwoman Julia Knisel, Michael Blier, Amy Hamilton,
Others Present: Tom Devine, Conservation Agent
Recorder: Stacy Kilb
Acting Chair Pabich opens the meeting at 6:09PM.
Meeting Minutes—September 22, 2011
A motion to approve the minutes is made by McCauley, seconded by Ricciarelli and passes unanimously.
Public Hearing—Notice of Intent—DEP #64-518-- Michael O’Brien, 5 Broadmoor Lane, Peabody, MA. The purpose of the hearing is to discuss proposed removal of slabs and footings and remediation of contaminated materials within riverfront area, land subject to coastal storm flowage and buffer zone to coastal bank at 72 Flint St (Former Salem Suede).
Devine explains that because the applicant mailed abutter notification with the wrong hearing date, the hearing cannot be opened tonight. Abutters have been re-notified for the November 17 meeting. Ricciarelli asks what this is for; it is for removal of slabs and remediation of contaminated materials.
Old/New Business
- DEP #64-478: Citywide Culvert Cleaning Program, request for approval of a minor change
This is also not being opened tonight and will be tabled, to be heard at the next meeting. David Knowlton, City Engineer, is not ready to present.
- DEP #64-461: 485 Lafayette Street (former Chadwick Leadmills), request for certificate of compliance
Daniel Garson presents to discuss this site and follow up with their request for a Certificate of Compliance for completion of remediation at resource area restoration. There were some questions at the last hearing and the Commission did not grant the certificate then; he hopes to address those questions tonight and obtain the Certificate.
Acting Chair Pabich mentions the issue of the duration of the growing period; to consider restoration complete a year’s growing period is needed. Mr. Garson understands that and comments that the original order specifies a five-year monitoring period with annual reports to be issued by Oct. 31 each year to track and report the condition of the plants and other observable conditions. He thinks that the Wetlands Protection Act makes provision for that; Certificates of Compliance may be issued with conditions carrying forward. They are committed to a monitoring plan; the Order of Conditions specifies a 75% survival threshold in the second year; years 3-5 would require replanting or other restoration measures if needed. Mr. Garson intends to follow through and offers the Act and its protection standards to argue that
they should issue the Certificate. Issues will be resolved as they come up, if there are problems with the growing threshold.
Mr. Garson passes out copies of the relevant section of the Wetlands Act. Devine comments about Condition 53, which references reports, the planting plan and the monitoring plan. A Certificate could refer to that condition and be ongoing.
That is the only condition they have not closed out. In the original request for a certificate, other conditions were presented as completed. Acting Chair Pabich asks about conditions referring to monitoring of the seawall. Mr. Garson says Devine walked it with him and it has not moved and has not been damaged; the owner has accepted completion of the work with no impact on the wall.
Acting Chair Pabich comments that as long as Condition #53 is referred to, he is satisfied. Devine wonders what would happen if the salt marsh plantings are completely wiped out due to weather. Mr. Garson says he would consult experts to make sure that is the right thing to plant, but either way a solution would be offered since it is their responsibility. He does not think this will happen; there could be damage due to ice that would need to be remediated. But remaining salt marsh should fill in over time. It’s a dynamic ecosystem which is not supposed to remain pristine.
Early on in the project on the Marblehead side, the owners had originally requested that they design the restoration with armoring to protect the restored area, but all agencies opposed it as the beach is supposed to erode and change. He feels the same applies to the plants and the salt marsh. It will thrive and recede depending on how it is inundated; appropriate types of plants have been installed at the proper levels, but if tidal forces change there could be die off. Those at the correct ecological niche should survive; he would not replant with things that will not be appropriate and will not survive.
McCauley comments that enough salt marsh monitoring is going on to provide a good comparison. Mr. Garson comments that they have recorded existing conditions and the October 5 storm did cause some impact to the marsh grass, but more in Marblehead than in Salem. The Commission want to see how the area comes back in the spring and summer. McCauley says they have a “four year guarantee” on 75% of the salt marsh, and that is correct.
A motion to issue the Certificate of Compliance is made by McCauley, with the condition to refer to Condition 53 and the monitoring mentioned therein; she is seconded by Ricciarelli and the motion passes unanimously. This decision is hereby made a part of these minutes.
Devine asks if the site will have any AUL’s (Activity and Use Limitations) on it. The Marblehead part will have one on the bike trail. The western upland, Glover private property, will also have one. Devine asks if future developments can be built despite the AULs. They could, according to the original plan which is now no longer going to be used.
- DEP #64-501: 1 Dove Avenue, 24 Old Road (Shaughnessy-Kaplan Hospital), request for certificate of compliance
Scott Patrowicz is working with a wetland scientist to develop a planting plan to satisfy the Commission. This will be tabled until the next meeting as the applicant is not present or ready.
- DEP #64-492: 72 Flint Street (former Salem Suede), request for certificate of compliance
Devine says this would have come with the NOI – closing out the order of conditions for the building demolition as they request an order of conditions for site cleanup this must also be tabled until the next meeting.
- Report on Forest River Bridge volunteer workday (10/16)
The workday was a success; the same planks were put down over new support beams, so there was no change in appearance. However, it is much more stable to walk on. They boy scouts and their parents helped tremendously. They put in time toward their Eagle Scout badges. Approximately 6 of 10 rotted support beams were completed, so another workday is needed. More wood ($100’s worth) will be required. Devine is requesting this amount now; so far $160 of the previously approved $200 was spent.
The Commission has about $40,000 in its account. A motion to allocate $100 for materials is made by McAuliffe, seconded by McCauley and passes unanimously.
Other
- A Certificate of Compliance for 16 Bayview was issued last meeting, but not signed, so Devine passes it around for signatures.
- Devine states that he does not know when the DEP will issue a decision on the appeal of the Salem Oil and Grease order of resource area delineation. The DEP has requested information, but didn’t indicate their timeline.
- The next Conservation Commission meeting will be November 17 at the Salem Five Community Room, as no city space is available.
- The Lowe’s project for Salem is not happening; they are closing some stores and not opening others that were in the works. They may still want to follow through with their permitting, since this makes the property very marketable. Also, appeal of the resource area delineation was settled at one level but went up to the next, and we don’t know if Lowe’s and its partners will show up to represent themselves. No date has been determined yet for that hearing.
Adjournment
A motion to adjourn is made by McCauley, seconded by McAuliffe, and passes unanimously
The meeting adjourns at 6:45PM.
Respectfully Submitted,
Stacy Kilb
Clerk, Salem Conservation Commission
Approved by the Salem Conservation Commission on November 17, 2011
| 
