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Approved Minutes 1/09/2014
Salem Conservation Commission
Minutes of Meeting

Date and Time:  Thursday, January 9, 2014, 6:00 p.m.
Meeting Location:       Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present:        Chair Julia Knisel, Gregory St. Louis, Amy Hamilton, Bart Hoskins, Tom Campbell, Dan Ricciarelli
Members Absent: David Pabich
Others Present: Tom Devine, Conservation Agent
Recorder:       Stacy Kilb

Chair Knisel calls the meeting to order at 6:00 PM.

Castle Hill Park Stream Maintenance—Continuation of 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 clearing of vegetation along, and removal of obstructions within, the stream located along the east edge of Castle Hill Park (14 Story Road), within a paper road and a city easement through portions of 7 Laurier Road, 6 Champlain Road, 19 Arthur Street, and 26 and 28 Read Street.

Devine states that the applicant requests to continue to the next meeting. A motion to continue to the Janaury 23, 2014 meeting is made by St. Louis, seconded by Hamilton and passes unanimously.
        
Old/New Business

  • Shetland Park (45 Congress St.): Request for Emergency Certificate for seawall repair
Document: North Shore Marine’s Request for Emergency Certification, dated 1/7/2014

Scott Patrowicz, Kevin Pelletier, and Phil Pelletier are here for the applicant. Mr. Patrowicz states that the seawall is failing. There are sinkholes and it is leaning seaward. The applicant would like to begin work under an emergency certification and file the NOI while work is ongoing.  Mr. Patrowicz outlines the setup of the seawall.

Assistant Building Inspector Mike Lutrzykowski describes the condition of the wall and emphasizes that this is an emergency situation that should addressed immediately.

Chair Knisel says that this came to the attention of the Commission in September. Mr. Patrowicz states that the building owner was contacted and notified him, then they requested and emergency order before the holidays. Chair Knisel is not certain that it constitutes an emergency, since four months have now gone by. Mr. Pelletier says it is an emergency. Mr. Patrowicz was actually notified less than a month ago. Kevin Pelletier opines that the owner thought they would not be able to do anything until after Halloween, so they did not move quickly.

This would be a permanent fix that will take several months to complete. The portion of the existing wall to remain is described. Nothing is undermining the wall. They will rebuild the wall to 12’ and will work with Structures North if a structural engineer is required by the building deptartment. Excavation behind the wall is described. All work will be done on the landward side with a boom in the water.

Materials that are temporarily removed will be stockpiled in the section of the parking lot, which will be closed. They do not know if they will be able to reuse the material or not. They will have erosion controls around stockpiled materials.

Top rails will also be replaced but they are not vehicle barriers. The older building is about 35’ away from where the digging will occur. They will have more details after they survey. The only repairs will occur where the stones are actually leaning.

Detailed planning and surveying, along with construction, will occur concurrently along with permitting. Some areas will probably already be excavated when they file the NOI. They have no idea how long the wall would last as it is, but the applicant opines it has already failed. There are multiple sink holes and it is leaning badly.

The Commission approved issuance of an emergency certificate in September. However, that certificate was not issued because when the DEP was contacted with an administrative question, they said emergency work must be completed within 30 days, and if it takes longer than that, the DEP feels it is too big of a project to approved with an emergency certificate. Only work to abate an immediate threat can be done under that type of certificate. Mr. Patrowicz hopes to have a better idea of what they need and to file an NOI within 30 days.

Work will be done following the tides. Devine opines that they could chink the face of the wall in good areas without coming before the Commision, as it would be exempt maintenance. Wherever they dig out, they will install filter fabric. Intact parts of the wall will not be touched unless necessary. They will compact the material but repaving will wait until spring. They can leave a lip to address runoff and will use dense grade as a final base coat for pavement. Parking lot drainage is described; it is all overland flow with no catch basins. Mr. Patrowicz will discuss this with client but does not want to add to point source discharge. If there are catch basins, they should have silt sacks. Compaction behind the wall is described. Structures North is the engineer of record for the project. Consulting them can be conditioned.

Flow and drainage are discussed. The applicant is not planning to address sea level rise with this project; the wall will be rebuilt to its original height. Future deterioration will be prevented by securing the wall; if raised, it would create a dam effect. It is uncertain whether the DEP would allow them to raise the wall in any case.

There is no sediment or debris at the base of the wall in the water. There is further discussion of the DEP’s objection to an emergency certification. It is uncertain what a small abatement project that would meet those requirements would look like. The Commission is local and familiar with the situation, and it is felt that it is more appropriate for the Commission to make these decisions.  An NOI would be filed ASAP. If another agency steps in to halt the work and the wall fails, at least the city is not liable.

Conditions:
1.      A structural/geotechnical engineer shall review plans prior to the resetting of the wall
2.      All work shall occur landward of wall
3.      Any catch basins within the work area shall be protected with silt sacks
4.      A turbidity boom shall be installed in the water around the work area
5.      Asphalt shall not be reused as backfill
6.      Disturbed surfaces shall be stabilized as construction progresses
7.      A complete notice of intent for this work shall be submitted to the Conservation Commission no later than February 10, 2014

A motion to issue an emergency certification with said conditions is  made by Ricciarelli, seconded by St. Louis, and all approve.

Old/New Business
The Forest River footbridge in the Forest River Conservation Area is in need of repair. The Boy Scouts did volunteer repair work, but more needs to be done. Boards are loose, and someone has even reported falling through. The Commission needs an estimate of cost. Ricciarelli will get prices. Devine will send photos.

Chair Knisel suggests that Devine produce a poster size map of Salem to have in the room during meetings.

The MACC handbook is now online. There is no longer a hard copy or CD, and Commissions must subscribe to get access to the updated version, but for now there is a 1 year trial period. Devine will provide Commissioners with a username and password.

At the last meeting, applicants asked for a specified plan size to be submitted. Devine advises applicants that the plan must just show detail and be readable for the Commission to make its decisions. The Commission feels that the half size is acceptable, as long as it is readable with distinguishable elements. St. Louis would still like full sized plans. The Commission is not setting official policy, but if applicants ask , plans should be full sized.

Hoskins asks about the work taking place at the Forest River culvert under Loring Ave. Devine remarks that the work is exempt under a state transportation bill.

  • Meeting minutes—October 24, 2013 and November 14, 2013
A motion to approve both sets of minutes is made by Hoskins, seconded by Hamilton and passes unanimously.

A motion to adjourn is made by Ricciarelli, seconded by Hoskins, and is approved unanimously.

The meeting ends at 7:00PM

Respectfully submitted,
Stacy Kilb
Clerk, Salem Conservation Commission

Approved by the Conservation Commission on February 27, 2014