Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, April 9, 6:30 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chair Gregory St. Louis, Tom Campbell, Dan Ricciarelli, Tyler Glode, Bart Hoskins
Members Absent: Bob Pond
Others Present: Tom Devine, Conservation Agent
Recorder: Stacy Kilb
Chair St. Louis calls the meeting to order at 6:35PM
Old/New Business
- Greenscapes North Shore—Program update and funding renewal request.
This item is heard with the other old/new business items (see below)
Freeman Road Extension and Houses Lots—Public Hearing—Notice of Intent—David Walch and Scott Green of Athens Street Capital, LLC, 106 Cypress Street, Watertown, MA. The purpose of this hearing is to discuss the proposed extension of Freeman Road and construction of 3 single family homes at 20, 22, and 24 Freeman Road within an area subject to protection under the Wetlands Protection Act MGL c.131§40 and Salem Wetlands Protection & Conservation Ordinance.
This item is presented first. Robert Marini of NATIVEtec presents for the applicants, David Walch and Scott Green, who are also in attendance. The project is still under review by the DEP so there are no comments yet. Mr. Marini reviews the plans and wetlands delineation of wetlands. The project is not located in a floodplain but is in an area with potential vernal pools. Soil types and plants are outlined.
Freeman Rd. is a paper road; the layout of the area and location of houses and lots are described. Grading will be confined to onsite. The clients would like to site larger houses than submitted; the footprints are shown with no alteration of wetlands. There will be roof infiltration. The bridge crossing is described but exact details are not yet specified.
St. Louis would like the bridge to be further from the wetland but doubts it is possible. The applicant is minimizing the span and thus its impact.
Applicant Scott Green of 1094 Main St. Wakefield states that this road is proposed to be public; the City now maintains Freeman Rd. They are trying to improve it. They are unsure if it will be a culvert or a bridge.
Ricciarelli asks about parcel numbers on the plan and is concerned about elevations. One will be raised so it can be above the wetland elevation.
Three existing lots are being reconfigured to comply with zoning. Outlines of parcels are unclear on the plan and will be revised. Ricciarelli comments on the setback on the first lot and Mr. Green outlines. The plan in the packets has not been revised.
The Commission needs copies of the new plan to review. Applicant David Walch, 106 Cypress Street, Watertown, describes the positioning of the house to minimize wetland impact.
Chair St. Louis would like a more detailed plan for the bridge. Ricciarelli wonders about a ledge outcrop and Mr. Green says they prefer not to blast.
A site visit is planned for Saturday April 18th at 9AM. There is limited parking on the street. Updated plans and the information requested on the bridge will be turned in to the Commissioners by then.
Sewer, water and electric will be hung on the underpinnings of the bridge.
Chair St. Louis opens to the public. William Jennings of 27 Crowdis St. expresses his concern about the area, as he was told when he built his home that the area was all wetland and no more homes would be built. He is concerned about flooding and local wildlife. Chair St. Louis invites him to the site visit and notes that wetlands change over time.
St. Louis states that the Commission could suggest that the applicant look at Stream Stats. Wetlands were delineated on the first week in January. Infiltration chambers should also be shown, as should the wet swale detention area. Also there should be an appropriate Operation and Maintenance plan for the City, if a public road, or by the homeowner’s association if not. The City Engineer has reviewed the plans briefly. Open drainage in the right of way can be difficult for the City to maintain without specialized equipment. They may want a sidewalk but one is not planned yet. Pavement is 18’ with a 40’ right of way.
Charles Puleo of 5 Freeman Rd., who has lived on that street for 61 years, speaks. The entire area has historically been wetlands. This water flows out through the back of his property and most houses on the street filled in the area. Flooding started after Witchcraft Heights was built. He has a pipe for drainage on his property. The state drains are only 12” so his 12” pipe flows into that. He describes the setup. The problem is how much water the pipe can handle. When the Steadman development was built, he put in drainage/catch basin structures so the situation has not gotten worse. He describes why the area floods; it is low so retains water and there is another pipe which is blocked. He is concerned about the amount of impervious area being added. There are no storm drains or curbing on Freeman Rd. Some
properties pump it up to the street; the drainage system on Highland Ave. is a problem. He also describes a hydrant but that is more of a planning board issue. There is another hydrant at the end. They do not have to go before planning since this is a legitimate street. There will be no peer review through the planning board but it will be reviewed by Engineering.
Barbara Warren of Salem Sound Coastwatch asks about the setback of the home from the wetland. It will be at least 10 feet. There is a question if there is a state setback requirement, but Chair St. Louis is not aware of one. There is no local no disturb zone, so these are taken on a case by case visit. This would be an opportunity to identify vernal pools and there should be better/more setbacks from them. If potential pools are seen as certifiable the Commission would want more stringent protection. The applicant would be required to maintain habitat of 100’ in a one year storm. Vernal pools are outlined. Chair St. Louis would like to know more about the topography.
Ms. Warren also suggests a combined driveway for better setback on the lower two properties. Also before any decisions are made porch locations should be considered – oftentimes if they are built later they are built over the wetland a couple of years later. Porches should be identified early in the process - now. The applicant will put in porches and garages on the final plan.
Chair St. Louis asks about an outlet to the drainage area and Mr. Marini outlines. Chair St. Louis would like to see street utilities and a cross section. Hoskins asks why the fire truck turnaround could not be combined with one of the house driveways, but Ricciarelli says it is low impact as it is, since this is not a cul-de-sac.
Devine comments that the house on 271 is awfully close (5’) to the wetlands. It has been adjusted but he can’t see it so would like to see a revised plan. Devine recommends a barrier between the backyards and wetlands because the wetlands, behind houses at the end of a street, will be vulnerable.
Also the applicant did not include the fee for the bridge; this has been mentioned to the applicant who wanted to discuss this here. They feel they are not disturbing the actual brook or resource area, and that the structure will allow light in, so feel they do not need to submit payment. There is further discussion of what constitutes a bridge. The fee would be nearly $1500. Additionally, if the box on the form is checked it is reviewed differently by the DEP. Fees are not normally discussed at these meetings but Devine felt that since there is a bridge, the fee should be paid, and Chair St. Louis agrees with the agent. The fee for the bridge will be required but the form is vague; St. Louis recommends submitting the bridge determination with the revised plans, to the DEP. The application will stay open but the fee must
be submitted before the matter closes.
A motion to continue to the May 14th meeting is made by Hoskins, seconded by Glode, and passes unanimously.
Brewer Hawthorne Cove Marina Dredging—Public Hearing—Notice of Intent—Noah Flaherty of BHCM, Inc., 10 White Street, Salem, MA. The purpose of this hearing is to discuss the proposed dredging of the Brewer Hawthorne Cove Marina at 10 White Street within an area subject to protection under the Wetlands Protection Act MGL c.131§40 and Salem Wetlands Protection & Conservation Ordinance.
Here for the applicant are Noah Flaherty, General Manager at BHCM and Mr. Blake Peters of Warren Consulting. 29K cubic yards will be removed over 62Ksf of area; this is maintenance dredging in a previously dredged area.
Mr. Peters describes the work, which will be done in phases so as to keep the marina open. Work would occur in fall and winter to remain within restricted time frames. All work will be done from the water; material will be dredged into scows to be disposed of at an offshore site. The area would be contained within debris booms with siltation curtains. Floats will be removed, moored to existing floats, and piles pulled and stored onsite or possibly on barges or at the contractor’s yard temporarily.
Chair St. Louis asks how this compares to the surrounding area. Salem has already dredged at their pier, which overlaps this site somewhat. Comments have been received thru DMF after MEPA; there is a time of year restriction. All material has been tested and submitted to the Army Corps of Engineers. All dredging will be within areas that were previously dredged under historic plans. Proximity to eel grass and shellfish was explored – some area had potential for shellfish but they would not be able to be harvested.
They may explore large scale replacement of docks as needed within each phase. They would be reinstalled in the same location with the same piles. Hoskins asks about turbidity monitoring outside the curtained area; this would just be visible and curtains adjusted if necessary, if a plume is seen. All equipment including barges will stay in the area. There are no erosion control measures needed on the shoreline since only piles may be stored.
Chair St. Louis opens to the public but there are no comments.
Conditions:
Turbidity boom at the limit of dredging
Construction timing: Must be September 30 to February 15
A motion to close is made by Ricciarelli, seconded by Hoskins, and all are in favor.
A motion to issue the Order of Conditions with standard conditions (except those not applicable) and the two above special conditions is made by Glode, seconded by Hoskins, and passes unanimously.
Chapter 91 and water quality docs will be submitted electronically.
Riverview Place (Salem Suede Redevelopment)—DEP #64-579—Continuation of Public Hearing—Notice of Intent—Riverview Place, LLC, 5 Broadmoor Lane, Peabody, MA. The purpose of this hearing is to discuss the proposed mixed-use redevelopment of 72 Flint Street, and 67 & 71 Mason Street (former Salem Suede) consisting of 3 buildings and appurtenances within an area subject to the Wetlands Protection Act and Salem’s Wetlands Protection & Conservation Ordinance.
Applicant requests to continue to the May 14, 2015 meeting.
Old/New Business, continued
- 10 White Street (Brewer Hawthorne Cove Marina): Request for Emergency Certification
Mr. Peters requests an Emergency Certification for repairs that need to be completed in the next 30 days as required by the certification; it must be completed before their season begins. There has been extensive damage due to ice from winter. Some docks were damaged. Finger docks must be removed and replaced with a new system since the current one is no longer available. Currently finger docks are rigid and will change to hinged. The work is described. Longer finger docks must be supported by pilings. The current ones are not supported; pilings within the marina are not used to hold docks in place; they will be removed and reinstalled within the footprint of the marina to put in new docks.
The docks that are there present a public safety issue as they could break off. The process of piling removal and reinstallation is described (barge and hammer). Devine states that he can issue the emergency certificate as the Chair’s designee with Devine’s signature. If this is only replacement of piers in kind it would not come before the Commission but the pilings required them to be here.
No vote is needed but the Chair signs off on the emergency certification form.
- Greenscapes North Shore—Program update and funding renewal request.
Barbara Warren of Salem Sound Coastwatch (SSCW) presents, outlining the Greenscapes program. She displays some of the deliverables they have created and distributed in past years. Greenscapes serves 18-20 North Shore Communities. SSCW leads a coalition of several communities and a couple of new communities may join. They work with 8 additional towns in the great Marsh and Ipswich River Watershed to provide education materials and outreach for stormwater quality, mainly residential but that may change. They also run Keeping Water Clean, a school program. Cable Access PSA’s are also described. A new stormwater brochure has also been developed. A Greenscapes 101 presentation is offered if requested. SSCW is hoping in 2016 that a new NPDES MS4 permit will come up; SSCW is designing outreach for the new permit and would
like to change public behavior and knowledge to reduce stormwater pollutants.
A draft program is passed around and may be reviewed. Ms. Warren reviewed the MS4 permit with the Engineering department. Salem has a strict illicit detection program which is outlined (as ordered by the EPA). Some areas have been cleaned up.
Ms. Warren is requesting $900, which will be matched by the Water and Sewer Department.
A motion to grant $900 to Greenscapes for its efforts is made by Ricciarelli, seconded by Hoskins, and passes unanimously.
- Discussion of exempt work on Beverly-Salem Drawbridge
Addie Kim presents. Ms. Kim describes the work; the bridge is in both municipalities. The bridge is old but not historically significant. The swing span is in Beverly but the approach is in Salem. Some piles are totally gone and traffic is severely restricted on the bridge. This is a priority for the MBTA and has already gone out to bid. Two piles are in Salem and four in Beverly. The MBTA is exempt from WPA through the Transportation Bond Bill. The MBTA has a policy though to coordinate with Conservation Commissions. Construction has been segregated into approach work and swing span replacement.
Silt curtains will be in place and there is also a time of year restriction outside Feb. 15-June 30. Organic materials covers the piles, which must be scraped clean, though no sediment will be moved. They have permits from all relevant agencies. There is only one near shore pile repair that will be done at low tide. There are a total of 179 piles on the bridge; 110 will be repaired and several will involve the silt curtain. Work will start in April and go on for 6 months.
- Meeting minutes—February 12, 2015
Campbell motions, and Glode seconds the motion to approve the minutes. The motion passes unanimously.
Devine submitted a CPA application for an evaluation of the Forest River Conservation Area bridge and trail infrastructure, which will be considered by the Community Preservation Committee next Tuesday.
The Commission’s approval was appealed by the DEP and the proponent has revised the plans in response. Instead of a vehicular connection over the bridge there will be a pedestrian and bike connection. Another such connection will be removed. Also there will be fewer units in the building but it is unclear if the footprints are changing.
The mayor has appointed Gail Gambarini to the Commission. Amy Hamilton is no longer a member. Ms. Gambarini is an architect who has done work designing buildings to withstand flood damage. Her nomination is before the City Council tonight.
Phase 2 of the coastal climate change analysis by CDM is discussed. St. Louis wanted to see more of the math, regulations and governing principles. It is done and Barbara Warren will lead some public meetings. Devine will send a link to the study to the Commission.
A motion to adjourn is made by Glode, seconded by Campbell, and passes unanimously.
The meeting ends at 8:45PM.
Respectfully Submitted,
Stacy Kilb
Clerk, Salem Conservation Commission
Approved by the Conservation Commission on June 11, 2015
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