Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, February 23, 2012, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chairwoman Julia Knisel, Amy Hamilton, Dan Ricciarelli, David Pabich, Michael Blier
Members Absent: Gavin McAuliffe
Others Present: Tom Devine, Conservation Agent
Recorder: Stacy Kilb
Chairwoman Julia Knisel calls the meeting to order at 6:13 PM.
Meeting Minutes—February 9, 2012
A motion to approve the minutes is made by Pabich, seconded by Ricciarelli, and passes unanimously.
Public Hearing—Abbreviated Notice of Intent—Warren Shore, 4 Beringer Way, Marblehead, MA. The purpose of this hearing is to discuss, after the fact, installation of a cable line under Technology Way, running from Swampscott Road to approximately 500’ west, within buffer zone to a wetlands resource area.
Here for the applicant are Warren Shore and Dan DiLullo, Architect of DiLullo Associates.
Illustration: Site Plan – Technology Way Comcast Trench, 2/15/12
Warren Shore is developing a building on Technology Way for United States Biological. All work was approved under NOI DEP File #64-508. The site contractor dug a trench down Technology Way to Swampscott Rd. for the installation of PVC conduit to get service to the new building, without a permit. Devine noticed it and alerted the relevant parties. As soon as this was known, the contractor put hay erosion controls on site. The trench had already been backfilled at that point; now they are letting the Commission know what happened, where it happened, and will clear up any questions.
He shows the trench and installation on the larger illustration. The distance through the wetland buffer is 540 linear feet and the trench was 18” wide. There is a total of 905 square feet of disturbance; the trench was cut into the asphalt, soil removed, conduit installed and the trench filled. The side of most of the road is higher than the pavement, preventing runoff into the wetland. One section of road has sloped granite curbing, keeping materials on the road and going down the hill. Hay bales and silt fencing have been installed, and when weather improves they will repave the road and restore the area by the side of the road.
The conduit is installed but there is no cable in it yet. Salem Glass has requested, and Warren has agreed, to let Salem Glass, across the Street, to dig a trench across Technology Way and tie into the conduit. It would still only be 940 square feet of disturbance in that case.
Technology Way was not in good shape to begin with on one side; he describes its state before work. Bituminous curb was in poor shape. They will make a neat bituminous edge, then on the slope, they will grade it, remove debris, and plant it with vegetation. On the other end they can only restore to what it was, since they can’t stop runoff into the pond area. They will remove hay bales and silt fence, and will revegetate. There are two 30” conduits under the road and a spillway for when the pond overflows.
Very little sediment has washed down. There are slopes and granite curbing but Mr. DiLullo is not sure how much would have moved. Chair Knisel asks if there will be further disturbance to run the cable through the existing PVC conduit; there will not as the cable will be fed through. The only additional disturbance would be to allow the trench to cut across so that Salem Glass can access it. Pabich asks if the current condition is better than the pictures that are being passed around. Devine clarifies – erosion controls are now in place and exposed soil is temporarily covered. The stockpiled material in the photos was also removed. Ricciarelli asks about the positioning of the conduit and Mr. DiLullo explains. All catch basins will be cleaned. No granite curbing has been removed; some was buried to begin with
but it does not continue to the corner.
Pabich asks if the electric service is underground; it is and Mr. DiLullo points it out on the illustration. Installation of the transformer began today. Water and sewer have been run, and final connections made. Pabich asks if the City is an applicant; Devine says that David Knowlton, City Engineer, signed a copy. Conduit location, granite curbing and hay bales were surveyed.
Pabich discusses a departure from the City’s norm – bituminous vs. granite curbing on the corner, but that is outside the scope of this Commission. He would like to ask them to consider cleaning it up by extending the laid-back granite curbing (sloped), continuing it to the corner in order to prevent erosion. He understands that this is a difficult corner. Pabich discusses the setup and spillway that was removed; it is a patched spillway in the photo and that should be addressed. Mr. DiLullo says it will be addressed in the restoration. Devine clarifies that curbing would end, facilitating drainage going around the corner. There should be catch basins on either corner but it is outside Commission’s scope. DiLullo thinks the curbing originally did extend around the corner but it has since gone away.
Catch basins were not required when Technology Way was finished, and that was an oversight.
Ricciarelli comments that they wanted to keep the catch basins off the corner. It looks like it was done on purpose, yet they are at a high point. Ricciarelli requests that Dave Knowlton look at it and Pabich makes some suggestions to improve the situation; Mr. DiLullo brainstorms on the plan as well, and Ricciarelli gives some input. Chair Knisel also discusses the setup.
Pabich suggests bringing the curbing down to a point, then having a discussion with Dave Knowlton about letting the water come around the corner or not, depending on the situation.
Blier asks for clarification on the amount of disturbed area: 905 square feet, 541 feet by 1.67 feet.. Blier and Mr. DiLullo discuss disturbance and repaving.
Chair Knisel asks if there are issues other than disturbance and restoration. Mr. DiLullo says that the area of restoration will be greater than the 905 square feet. But, the Commission agrees that it may not matter. This is an abbreviated Notice of Intent, for projects under 1000 square feet in a simpler form. It is up to the Commission if they want to require a full NOI, but it will lead to the same place, according to Devine. Mr. DiLullo says they will certainly fix more than the trench; Blier still argues that it is more than the 900 square feet. Pabich agrees.
Chair Knisel asks if they want a plan showing the area to be restored. Mr. DiLullo would be happy to provide a more detailed plan for restoration. Pabich would like that, and for them to discuss with David Knowlton, the disturbance of the spillway and a proper solution to restore the corner. Pabich would like to see that plan as well, once it is formulated.
Chair Knisel comments that there are no members of the public in attendance, thus no public comments.
A motion to close the public hearing is made by Ricciarelli, seconded by Pabich, and passes unanimously.
Three main issues are the connection of the granite curbing, discussion with David Knowlton on addressing the spillway, via a letter from him, followed by a plan to be submitted.
The plan to be filed will include the extent of granite curbing, plan for spillway, and extent of the restoration. Mr. DiLullo clarifies that there was no significant plantings there; no shrubs. Devine confirms. Pabich would like to see more details at the corner, including elevations.
Ricciarelli comments that catch basin sumps should be cleaned out. There are four that will be cleaned. The only other unresolved issue was if they would allow the tie-in by Salem Glass. It will be substantially in the buffer zone, but measures are in place for erosion control already. That will be submitted in the more detailed plan.
Devine asks what if David Knowlton asks for a catch basin. The commission will review whatever Knowlton proposes. A letter or email from him should be submitted; he does not have to appear at the meeting.
The condition is to have a plan that follows from Dave Knowlton’s recommendation prior to restoration of that corner.
There is also a question of whose property is neighboring for the proposed connection, and if they should be on the application. Should it be a separate filing? Mr. DiLullo will find out where the trench is desired; they know but it is not on the map. Mr. Shore outlines the setup. Devine comments that it may turn out to be beyond the buffer zone in a public way. Salem Glass will be responsible from the edge of the street on, and will have to come before the Commission if that area is in the buffer zone, which Mr. DiLullo thinks it is.
CONDITIONS
- The applicant is required to submit a detailed plan for review and approval by the Conservation Commission. This plan shall show the total disturbed area and include proposed restoration of the disturbed area at the corner of Technology Way and Swampscott Road.
- The specific restoration plan for said area shall be based on the recommendation of the City Engineer and requires approval by the Conservation Commission. Upon approval, applicant must implement this restoration plan.
- Upon completion of work, applicant is required to clean the four catch basins between the U.S. Biological building and Swampscott Road.
A motion to issue the Order of Conditions, with conditions as discussed above, is made by Pabich, seconded by Blier, and passes unanimously. This decision is hereby made a part of these minutes.
Old/New Business
DEP file # 64-508 Technology Way: Construction update
Dan DiLullo and Warren Shore present. The building is substantially complete, with a move-in date of April 1st. Site work is substantially complete with water/sewer/electric run to the site. Catch basins are being installed that run into a detention pond. Some minor adjustments to onsite drainage and utilities have been made due to the amount of ledge there. An as-built utility and drainage plan will be submitted, noting these changes. Along one side the site plan says “proposed Versa Lok wall’ – a large boulder riprap wall is actually installed there.
Mr. DiLullo describes the setup of the ledge; a site engineer is working on a way to cap the cut so there will not be drainage onto their site from the one next door. The driveway is not installed yet. Hay bales are in place around the entire site. The retention pond may be receiving some water now; one catch basin has been installed in less than a week. Pabich requests that they make sure they are not discharging turbid water into the wetland off an open site into an unvegetated drainage area. There is no outlet installed in the basin yet. They are trying to clean up one edge to keep dirt from running off, and they will be able to do plantings early due to the mild winter.
Devine asks if the Commission will be satisfied with an As-Built Plan noting these changes when the project is complete; they agree that this is sufficient and that no further review is needed.
Miscellaneous
The large pile of materials at the Gateway Center will be covered in the next few days. Devine will find out what the material contains.
The Mayor has appointed Bart Hoskins to the Commission, pending City Council approval.
Devine received a courtesy notice from an engineer regarding the expansion of Salem State University’s O’Keefe center, which is 250’ away from wetlands.
23 Parlee St.: This house was issued an order about a year ago and it was completed without any contact with the agent of the commission, leaving several conditions unresolved. They are in violation of about a dozen conditions. One of the most burdensome condition is a requirement to verify that the stormwater system at the end of the subdivision was functional. He contacted the owner, who sold the house with the open Order of Conditions which was never recorded on the deed. The house does look like what was planned. He noticed the house on February 15, 2012 and the Order was issued February 14, 2011. Often the building department sends the agent a routing slip to sign before a building permit or certificate of occupancy is issued, but not every time. There is a legal question about whether this is the responsibility of
the new owner or the previous owner who built it.
Pabich drove up Intervale Road and saw that there is a house there, which looks new, with a new wall and driveway. He wondered if they approved it. The house is next door to the one with the oak tree whose removal the commission recently considered. Devine confirms that the Commission did approve a house there through a negative determination of applicability.
A motion to adjourn is made by Ricciarelli, seconded by Blier, and passes unanimously.
The meeting ends at 7:25 PM.
Respectfully Submitted,
Stacy Kilb
Clerk, Salem Conservation Commission
Approved by the Salem Conservation Commission on March 22, 2012.
| 
