Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, July 25, 2013, 6:00 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chair Julia Knisel, Dan Ricciarelli, Amy Hamilton, David Pabich
Members Absent: Bart Hoskins, Gregory St Louis
Others Present: Tom Devine, Conservation Agent
Recorder: Stacy Kilb
Chair Knisel calls the meeting to order at 6:05PM
Salem Harbor Station at 24 Fort Avenue—Continuation of Public Hearing—Notice of Intent—DEP #64-552—Footprint Power Salem Harbor Redevelopment LP, 1140 Route 22 East, Suite 303, Bridgewater, NJ. The purpose of this hearing is to discuss the proposed redevelopment of the Salem Harbor Station at 24 Fort Avenue, including demolition of the existing power station and associated structures, environmental remediation, and construction of a new power plant and appurtenances within an area subject to protection under the Wetlands Protection Act and Salem’s Wetlands Protection & Conservation Ordinance.
Documents:
Letter from Linda Haley to Julia Knisel, 7/25/2013
Tetra Tech’s Responses to Member St. Louis’s Comments, 7/17/2013
Tetra Tech’s supplemental information regarding geotechnical borings. 7/9/2013
Scott Silverstein, President and CEO of Footprint Power, presents. Mark Fobert, Brian Marchetti and Lisa Corrozza from TetraTech are present. All information requested at the last meeting has been submitted.
Chair Knisel begins with responses to St. Louis’ and the Commission’s questions. Most are straightforward, but she is still concerned about the erosion and sediment control plan. They had said details would be provided later and she wonders why. Ms. Corrozza says they will be provided prior to construction but it is not done yet. The SWPPP (Stowmwatater Pollution Prevention Plan) is scheduled to be completed in two weeks and will be submitted then. Pabich thinks that submitting it for review rather than in a presentation is fine. Ms. Corrozza says the Planning Board’s review consultant has requested a copy as well. Ms. Corrozza describes the setup of the barge; no equipment will be hanging over the barge and there will be a 45 gallon stilling pan.
At the last meeting, Linda Haley asked about the 500 year flood plain and was concerned about the level of development and phasing of the project. She has written a letter to that effect and Chair Knisel will give a copy to the Footprint applicants. Chair Knisel feels the information submitted addresses some of Ms. Haley’s concerns.
Chair Knisel opens to the public but there are no comments.
Devine distributes draft standard and special conditions to the Commission and summarizes the proposed special conditions.
Pabich suggests a condition requiring a letter verifying that the sormwater treatment system has been inspected and maintained per the Operation and Maintenance Plan.
Hamilton would like the SWPPP submitted enough time before the start of the project, so that the Commission can review it if needed.
A motion to close the public hearing is made by Ricciarelli, seconded by Hamilton, and all are in favor.
Special conditions:
- Monitoring Reports - The applicant or applicant’s representative shall provide progress reports to the Agent during demolition and construction activities. Such reports shall be submitted electronically and contain the following information: summary of major activities performed to date; photographs of areas where major activities have been performed; a description of any impacts to resource areas not anticipated in the Notice of Intent and supplemental application materials and corrective actions taken; and a summary of activities expected to be performed prior to the next reporting period. Two reports shall be submitted during demolition and four reports shall be submitted during construction. Additional reports and or supplemental items in addition to those listed herein may be
required at the discretion of the Agent and/or Commission as construction progresses.
- Turbine Building Demolition - The applicant proposes to demolish the “Turbine Room” building. However, select portions of the building, including the steel frame, may be left for future redevelopment purposes. This Order allows for the demolition of the entire building or portions of the building as determined by the Applicant. The as-built plan to be submitted in conjunction with the Request for Certificate of Compliance shall show the extent of building remaining, if any.
- Point of Contact – Prior to the commencement of demolition activities, the Applicant shall provide the Conservation Agent with the name and contact information of the person responsible for day to day activities at the site.
- Storm Water Pollution Prevention Plan- The Applicant shall provide a copy of the Stormwater Pollution Prevention Plan (SWPPP) to the Conservation Agent for review and approval at least thirty (30) days prior to earth disturbance activities at the site.
- Material Stockpiles- Fill material may not be stockpiled within any resource area or 100 foot buffer zone to coastal bank with the following exceptions:
- Because the existing coal pile area is surrounded by a concrete swale and contains a dust suppression system, this location may be used for the storage of uncovered fill material. The perimeter swale and dust suppression system shall be used during the temporary storage of material to prevent sediment transport from the area and minimize fugitive dust.
- The use of additional areas for material storage must be reviewed and authorized by the Agent. In addition, the use of temporary sediment and erosion control measures must be reviewed and approved for the additional locations.
- 48-inch City Drain Line – Prior to the relocation of the City’s 48 inch drain line and construction of any supporting infrastructure, approval of the final location must be obtained from the Agent.
After completion of the project, the owner or owner’s designee shall submit a letter annually to the Commission verifying that stormwater structures have been inspected and maintained per the approved Stormwater Operation and Maintenance plan included in the project’s stormwater report.
- Per Section 3.0 of Appendix G of the project’s stormwater report, the owner, their successors, and assigns authorize the Agent to enter the premises to inspect the stormwater management system.
A motion to issue the Order of Conditions, including standard conditions and special conditions as discussed, is made by Pabich, seconded by Ricciarelli, and passes unanimously.
Witch Hill Subdivision Park at Martin Lane and Nurse Way—Public Hearing—Request for Determination of Applicability—Kenneth Steadman, 67 Village Street, Marblehead, MA. The purpose of this hearing is to discuss the proposed construction of a park including installation of play equipment within a buffer zone to a wetlands resource area at the corner of Martin Lane and Nurse Way, within the Witch Hill Subdivision.
Applicant Ken Steadman presents. He reviews the plans for the park in the subdivision. The Park has already been approved by the Planning Board. Usable area after including a 20’ buffer to wetlands is 45’ x 75’. Mr. Steadman describes the playground and its equipment. This will have much more pervious area than the originally proposed basketball court. There will be a low fence in one area by the sidewalk, but none is planned for the woods side.
The area now is open soil. Devine clarifies that the proposed park was part of the subdivision, but was not specifically called out in the Order of Conditions. Devine felt that the order for the subdivision’s roadway and utilities doesn’t permit this park, just as it doesn’t permit any individual house lots.
Some lots abutting the resource area are required to have wetlands makers, and the Commission would like it here too. That will be added as a condition. Surface materials in different areas of the park are discussed. The Park and Recreation Department will maintain this park. Mr. Steadman says that erosion controls are still in place, but the Commission would like Devine to go out and check them.
A motion to close the public hearing is made by Hamilton, seconded by Ricciarelli, and all are in favor.
A motion to issue a Negative Three determination, with a requirement for wetlands signage and inspection of erosion controls by the Conservation Agent, is made by Pabich, seconded by Ricciarelli, and passes unanimously.
Aggregate Industries on Swampscott Road—Public Hearing—Request for Determination of Applicability—Aggregate Industries, 1715 Broadway, Saugus, MA. The purpose of this hearing is to discuss the proposed construction of a vegetated berm at 140 and 216-226 Swampscott Road (Aggregate Industries) within a buffer zone to a wetlands resource area.
Jennifer Grawin and Steve Fox of Aggregate present. A site visit was conducted prior to this meeting. They have been before the Swampscott Conservation Commission and obtained a negative 3 determination, and are hoping for the same tonight.
Ms. Grawin explains the reason for installing the berm – it is a beautification project. The berm will be a visual and noise barrier. The quarry is in operation now, but is not during the winter. There was also a point in the past where it did not operate for two years. She describes the layout of the quarry.
Pabich asks why this project cannot be outside of the buffer zone. Ms. Grawin and Mr. Fox explain that there will be a roadway that will be in the way and Ms. Grawin reviews the layout of the proposed berm and the erosion controls. Drainage is also outlined.
Hamilton comments on the silt sock and would rather see silt fencing and hay bales; the applicant will accommodate that request.
Pabich comments on drainage treatment, though in much of the site it is not under Conservation Commission purview. He feels there could be some issues. Ms. Grawin comments on the sheetflow and its direction and outlines what happens during rain events. Pabich is still concerned about where the water will go. He mentions some options such as a swale at the bottom directing water to the drainage, rather than sheetflow toward Swampscott Rd. If the Commission approves this plan as is, water will be directed toward the roadway. No permits are being triggered with the Salem Engineering Dept., such as drainage alteration, but Pabich opines that they should check in just in case. This should be done before the Commission issues a determination.
The Commission feels this does not trigger a positive determination, but they would like to see other options, with the applicant coming back in September after the August recess. There is further discussion about the layout. Pabich says this could be a negative three determination with the requirement that the plan is reviewed and approved from a drainage perspective, and if not approved, they must rectify the situation. This may not be a City drainage structure, but we are abutters and it is pushing water onto City property. Dave Knowlton should be consulted. Hamilton agrees.
Ms. Grawin clarifies that if the berm was pushed back, they could withdraw if it was outside of the Commission jurisdiction. That may be easier, but does not absolve them of the responsibility to control water that may go onto a public way, or else they may have an issue with the City Engineer. They should work with their engineers (Hancock Associates) to make sure this will not be an issue. Devine comments that even if the berm is moved, it will still be affecting water movement within the buffer zone.
The applicant will consult with their engineers to work on a redesign, and will request to withdraw if the solution pulls them out of the resources area. The applicant requests to continue to the September 12, 2013 meeting.
A motion to continue to September 12, 2013 is made by Pabich, seconded by Hamilton, and all are in favor.
Old/New Business
- 11R Winter Island Road, DEP #64-519: Discussion of wetlands violation
David Pabich recuses himself from this item. Devine issued an enforcement letter, and the deadline has passed with no response. He does have a lead in the form of contact with a lawyer representing the developer on another project. If no response, the Commission can take enforcement action against the buyer, with whom Devine has spoken regarding the situation. The letter was sent out with a deadline of mid to late June. There is some debate as to whose responsibility this is; Devine would like to work it out with William Wharf before going to the homeowner, but they are also having trouble getting in touch with Mr. Wharf.
- Discussion and vote regarding funding to renew GIS software license
Devine requests $400 for this annual fee. A motion to approve is made by Pabich, seconded by Hamiltion, and passes unanimously. Devine outlines projects he has completed using this software.
- FEMA is holding a meeting to discuss the new preliminary flood maps, including substantially increased areas for the 100 year flood zone. There will be two on Monday the 29th, at Ipswich Town Hall 10AM-12PM and Saugus Town Hall at 2PM-4PM. Chair Knisel discusses the process. All houses on Parallel St. are now in the 100 year flood zone. Devine will be attending one of the meetings.
A motion to adjourn is made by Pabich, seconded by Hamilton, and passes unanimously. The meeting adjourns at 7:40PM.
Stacy Kilb
Clerk, Salem Conservation Commission
Approved by the Conservation Commission on September 12, 2013
| 
