Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, October 25, 2012, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Vice Chair David Pabich, Amy Hamilton, Bart Hoskins, Gregory St. Louis
Members Absent: Chair Julia Knisel, Michael Blier, Dan Ricciarelli
Others Present: Tom Devine, Conservation Agent
Recorder: Stacy Kilb
Acting Chair Pabich calls the meeting to order at 6:02PM
Meeting Minutes—September 27, 2012
A motion to continue approval of the minutes to the next meeting is made by Hoskins, seconded by Hamilton and passes unanimously.
Public Hearing—Request for Determination of Applicability—City of Salem, 93 Washington Street, Salem, MA. The purpose of this hearing is to discuss the proposed installation of a tide gate in a new manhole at Collins Cove Park (31 Collins Street) within buffer zone to a wetland resource area and maintenance of an adjacent drainage outfall to Collins Cove.
Here for the City is Giovanna Zabaleta and Rebecca Dupont from the City’s consulting firm, New England Civil Engineering. Ms. Dupont outlines the project. There is flooding in certain areas. A new manhole is to be installed; currently there are no blockages. The area is above the beach with a chain link fence separating the park from the beach. They would like to create more space for the water. The outfall area has stone strewn about and it is inundated with sediment. They want to hand clear the area so that the water can exit.
There is no work in the pipe; just clearing around it at the outfall. Pabich asks about cleaning the pipe; it is clear already with no obstructions, and is in good condition since they viewed it with a camera.
Pabich asks about the position of some of the catch basins and Ms. Dupont outlines. The fence is also discussed. Pabich asks how long the project will take; Ms. Dupont is not sure how long the contractor will take. She estimates a week. The manhole and tide gate will be installed at the same time. There are catch basins on either side of the outfall, but not in the intersection. Pabich asks about excavation, commenting on the buffer zone and sheetflow. He is concerned about the stockpiling of soils; there will be some excess. Any piles should be covered.
St. Louis asks about children climbing into the culvert; there are no trash racks in Salem at all so the City would have to consider that separately. Pabich says they are required for new construction, which this is not.
Pabich discusses the clearing of the outfall and how far down they will have to go. He asks if there are any connections to one of the lines; there is but there is no way to do maintenance. Pabich states that there was some cross connection sewer line to that drain. Bacteria counts in Collins Cove have historically been high and this outfall is suspect. Ms. Dupont did not see any laterals. She did a study for the City and Salem Sound Coastwatch, but this outfall was not included in the 50 that were sampled this year.
Chair Pabich opens to the public but there are no audience members, so no comments.
A motion to close the public hearing is made by Hamilton, seconded by St. Louis and passes unanimously.
Devine thinks work on the outfall is exempt under maintenance and repair.
The contractor must be informed that there can be no stockpiling of uncovered soils, but this is not a condition.
A motion to issue a negative 2 determination is made by Hamilton, seconded by Hoskins and passes unanimously. This decision is hereby made a part of these minutes.
Continuation of Public Hearing—Request for Determination of Applicability—50 Grove Street Real Estate LLC, 7 Rantoul Street, Suite 100B, Beverly, MA. The purpose of this hearing is to discuss a proposed off-leash dog area within riverfront area and flood zone at 50 Grove Street.
The applicant requests to continue to Nov. 8, 2012.
A motion to continue is made by St. Louis, seconded by Hoskins and passes unanimously.
Old/New Business
- Strongwater Crossing Lot 18, DEP #64-457: Request for Certificate of Compliance
- Strongwater Crossing Lot 37, DEP #64-456: Request for Certificate of Compliance
Paul DiBiase is not ready to submit all materials to request the certificates. The two agenda items are tabled for the next meeting.
- 185 Jefferson Avenue, DEP 64-542: Request for Certificate of Compliance
This was a wetlands violation where there was encroachment and fill into riverfront area. The wetland was excavated and restored to a 1997 grade and planted with conservation seed mix. The Commission required an after the fact Notice of Intent after the restoration to ensure that there was a public process. An Order of Conditions was issued so they are requesting their Certificate. The Commission determined that the work had been completed by issuing the Order. The Commission will not ask for invasives remediation but is concerned about further fill and illegal use of National Grid property. The Order of Conditions includes two years of monitoring through spring 2013 and 2014. Concrete blocks were installed at the property line to keep further encroachment from happening. Silt fencing is still there and they should be
required to remove it.
A motion to issue the Certificate of Compliance with the ongoing condition for annual monitoring, and pending removal of erosion control, is made by Hoskins, seconded by St. Louis and passes unanimously. The decision is hereby made a part of these minutes.
- Discussion and vote regarding funding for education and training
Devine requests funding for mileage and registration for the MACC fall conference in November. It is $60 for registration and approximately $60 for mileage.
A motion to authorize $120 for Devine is made by Hoskins, seconded by Hamilton and passes unanimously.
Devine also requests funding for the Nov. 8th Symposium on sea level rise and its impact on salt marshes at the Crane Estate in Ipswich. It is free for local officials but he would like to be reimbursed for mileage in case he cannot carpool.
A motion to approve the funding is made by Hoskins, seconded by Hamilton and passes unanimously.
Devine also notifies commissioners that the City is performing maintenance on the seawall along Collins Cove; this is legal, exempt maintenance and repair, but he has more information if they would like to see it. He passes around the project plans. This will include seawall and revetment repair with some stones to be reset. Pabich opines that the work seems to be substantially out of the water. Devine thinks the exemption would be the same either way, since the case law establishing the exemption for maintenance and repair was in regard to a specific maintenance project where the court ruled that the exemption even allowed for scaffolding in the resource area. Vice Chair Pabich thinks it is borderline, however they are repairing an existing structure. It appears to just be work in a couple of locations, not the entire
wall.
Devine comments that there is little guidance available for applying the exemption; all that exists is a court case that determined it was legal to repair a seawall without coming before the Conservation Commission. Devine states that he will continue to bring projects like this to the attention of the commission so that it can be determined whether a filing is needed.
Devine mentions the gravel present at 11R Winter Island Rd. on the right-of-way at the construction site of a Commission-approved house. People thought it was a private drive until the Commission put up a sign welcoming use of it as a public way. Now the house has been rebuilt. There was dilapidated asphalt, now it is covered with gravel. They did some utility work and now there has been 80’ of bituminous removed or covered with crushed stone.
There is a parking area for the house off the right of way, but no actual driveway to the house. Previously they had used the right of way as their driveway. Pabich says this is introducing loose gravel to a buffer zone in the resource area, and the owner has taken it upon himself to do this without approval. The gravel is not acceptable to Engineering. The Commission can request that they restore it to its original condition or ask that it be repaved. Pabich opines it will be plowed into the beach and salt marsh at the end of the season. The City did not approve this. Engineering will require that they restore it and take up the gravel, as will this Commission. The open soil area seaward of the gravel should also be restored.
Devine will coordinate with Engineering. Pabich says Devine should send a letter to the homeowner and also discuss it with Engineering to determine how to resolve the issue. He thinks the street opening permit route is the easiest. Engineering might not act until there is a certificate of occupancy. Devine thinks a letter should come from the commission, but Engineering can also enforce this.
St. Louis asks if they could use the stone as a base for pavement, but it is up to current grade and Pabich feels the area should be restored.
Devine comments that the Gateway Center pile of soil and debris was covered, but the covering has peeled back and the demolition contractor who is responsible is not cooperating. The parcel is owned by the developer of the Gateway Center and they should be responsible for what is going on there, according to Pabich. Devine should send a letter to the owner. There are two catch basins onsite protected with filter fabric, and but Devine wonders if the Commission needs to material covered in addition to the catch basin protection. Hamilton states that the protection of the catch basins by itself is not sufficient, since wind could carry material from the pile into the resource area. They intend to use the material as part of the development project rather than remove it.
St. Louis asks if there is a NPDES permit, and says the requirements were revised in February. Devine explains the setup and says the overall project probably requires a NPDES permit based on its size.
A motion to adjourn is made by St. Louis, seconded by Hoskins and passes unanimously. The meeting ends at 6:53 PM.
Respectfully Submitted,
Stacy Kilb
Clerk, Salem Conservation Commission
Approved by the Conservation Commission on December 13, 2012.
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