Salem Conservation Commission
Minutes of Meeting
Date and Time: Thursday, June 11, 2015, 6:30 p.m.
Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street
Members Present: Chair Gregory St. Louis, Tom Campbell, Bob Pond, Gail Gambarini, Bart Hoskins, Tyler Glode, Dan Ricciarelli
Members Absent: None
Others Present: Tom Devine, Conservation Agent
Recorder: Stacy Kilb
Chair St. Louis calls the meeting to order at 6:30PM.
27 Pierce Road Amendment—Continuation of Public Hearing—Request to Amend an Order of Conditions—DEP #64-563— Charles A. Smith, 4 Galloupes Point Road, Swampscott, MA. The purpose of hearing is to discuss a proposed Amendment to an Order of Conditions that previously permitted construction of house addition and appurtenances at 27 Pierce Road within an area subject to protection under the Wetlands Protection Act MGL c.131§40 and Salem Wetlands Protection & Conservation Ordinance. The proposed amendment would permit, after the fact, grading and drainage changes that include reconfiguration of an asphalt driveway and stormwater mitigation basin, and construction of a boulder wall.
Mr. Bill Manuell presents, outlining the changes made to the plan as per the Commission’s request at the last meeting. There will now be a slight increase in impervious area. Chair St. Louis and Ricciarelli ask about an area of driveway and Mr. Manuel describes why it is as it is; the Commission still thinks there is too much pavement there. Discussion about the area in question continues. Mr. Manuel will present a revised plan if that is what the Commission wants.
St. Louis asks about a shrub line to prevent mowing activity and Mr. Manuel has decided to place markers since shrubs would not be appropriate. The Commission has a standard sign but Devine is considering replacing it with a better one, to be discussed later. In either case they can be furnished by the Conservation Commission.
Chair St. Louis opens to the public and Dan Cooper of 20 Buchanan Road asks about the consensus on the driveway. Pavement will be removed within the first 10’ of the western side of the garage; he notes that that portion was already beyond what was approved to be paved so now it has gone from outside the plan to additional feet outside the plan and this pushes into lawn. Chair St. Louis outlines changes to the driveway, the most current of which will lead to a net zero change.
Charlie O’Donnell of 18 Buchanan Rd. asks about maintenance and trees. He would like to see the area naturalized with low shrubs. Chair St. Louis outlines the plan to re-establish what was there, aside from invasives management. He also asks about using Bayberry instead of the posts to mark the wetlands. Both options were discussed but Chair St. Louis states that some landscape crews can be aggressive so posts were chosen as a compromise. Mr. O’Donnell asks about trees and existing conditions, and a discussion of current vegetation and potential landscape options follows.
Ms. Noreen Gachignard of 16 Buchanan Rd. also voices concerns about the driveway; there is a car parked there every day now, but the Commission thought it would be used as a turnaround only. St. Louis comments that unfortunately the Commission cannot regulate how people use garages.
Mr. O’Donnell also asks about the time frame and St. Louis comments on when silt fencing and erosion controls should be removed.
David Allen of 16 Buchanan Rd. comments that language on plantings was vague and Chair St. Louis outlines the currently proposed shrubs, which will be subject to what nurseries have available; 4 types are mentioned and the applicant must use at least 3 of them. The agent should be made aware if there are other changes to that aspect. Mr. Allen is concerned about the height of the plants. Chair St. Louis comments that “equal native facultative species of 3-4’ diameter” could also be added as a condition.
A motion to close the public hearing is made by Ricciarelli, seconded by Pond, and all are in favor.
Pre-existing pavement will be restored as it was not put back previously.
Conditions:
Remove approximately 200’ of pavement on Western side of garage
Signage on posts to be placed marking area beyond which landscape maintenance should not occur; the Commission will provide these signs
Trees will be swapped for shrubs in a 1:1 ratio (10 shrubs)
Any substantial variation from proposed plantings will be reviewed by the Agent as necessary
Previous special conditions:
Applicant shall monitor disturbed areas for invasives until established
Erosion controls will be used
Ricciarelli motions to amend the Order of Conditions, Glode seconds, and all are in favor.
Freeman Road Extension and Houses Lots—Continuation of Public Hearing—Notice of Intent— DEP #64-590—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.
Devine states that the applicant requests to continue. A motion to continue to the July 11, 2015 meeting is made by Ricciarelli, seconded by Pond, and passes unanimously.
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.
The applicant has filed another request to continue and has submitted final EIR to DEP and will more than likely wait for a DEP response before returning to the Commission. Applicant is requesting to continue to July 11, 2015 meeting. The FEIR is not online but Devine can provide it and will send a CD to St. Louis.
A motion to continue to July 11 is made by Campbell, seconded by Glode, and all are in favor.
24 Winter Island Garage—Public Hearing—Notice of Intent—Douglas and Jean Karam, 25 Winter Island Road, Salem, MA.~The purpose of this hearing is to discuss the proposed construction of an accessory garage/shed structure and appurtenances at 24 Winter Island Road within an area subject to protection under the Wetlands Protection Act MGL c.131§40 and Salem Wetlands Protection & Conservation Ordinance.
Mr. Karam presents his project. He outlines the location of the garage and erosion controls.
St. Louis comments on the wetlands delineation on a Plan C3, but this does not exist. It is presumed BVW but not specifically delineated. The entire site is currently a gravel pad. St. Louis asks about elevations and comments that they are below the elevation anticipated to flood in that event. Mr. Karam is aware but is not planning any flow-through. St. Louis comments that the building inspector may have certain requirements that Mr. Karam must meet. All construction will occur from Mr. Karam’s side of the property.
The surface material is to be determined. It will be permeable, possibly the paving stones that allow grass to grow. St. Louis comments that they may want a berm so as not to take on water from the street. They are also proposing utilities; electrical is proposed, but Mr. Karam is unsure of gas.
Standard conditions specify installation of erosion controls but not their exact location; silt fences vs. silt socks are discussed, as are their installation. Either will be allowed but silt fence must be properly installed. Ricciarelli asks that plans be submitted with corrected grades.
Chair St. Louis opens to the public but there are no comments.
A motion to close the public hearing is made by Ricciarelli, seconded by Glode, and passes unanimously.
Special conditions:
Surfacing must be permeable
Submit plan with revised grades prior to construction
Silt fence or silt sock on near side of fence or straw wattle as close to fence as possible; revised plan should specify type and location of erosion controls
A motion to issue an order of conditions with standard and the above special conditions is made by Ricciarelli, seconded by Gambarini, and passes unanimously.
8 Nurse Way Backyard Improvements—Public Hearing—Request for Determination of Applicability—Robert B. and Carolyn P. Goudey, 8 Nurse Way, Salem, MA.~The purpose of this hearing is to discuss the proposed construction of a fence and irrigation system and expansion of a deck at 8 Nurse Way 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 is Carol Goudey, who states that she would like to install a fence. She cannot allow her special needs granddaughters outside as there is a dropoff to the wetlands. She is open to suggestions as to the materials. She would also like to extend the deck, which is pressure treated wood, and possibly install an irrigation system, but that is not certain.
Fences are generally exempt unless they pose a habitat barrier. The deck is raised. There is gravel under the deck and no additional concrete will be added. Uncovered decks are also minor activity.
Construction of the house came before the Commission previously. As far as irrigation systems, it is not the system itself, but construction period impacts that the Commission wants to insure are minimized.
Ms. Goudey asks about an area abutting her property that has grass planted; she wonders if it is wetland that should not be mowed. If it is wetlands it should not be mowed. Dell St. is a paper road. It may be transferred to the City from the homeowner’s association. St. Louis comments that any fence should be on Ms. Goudey’s property.
Chair St. Louis opens to the public but there are no comments.
A motion to issue a Negative 3 and Negative 6 Determination is made by Glode, seconded by Ricciarelli, and passes unanimously.
Bridge Street/Gateway Center Electric Conduit—Public Hearing—Request for Determination of Applicability for Massachusetts Electric Company (National Grid), 170 Medford Street, Malden, MA.~The purpose of this hearing is to discuss the proposed installation of an electric conduit under Bridge Street to service the planned development at 401 Bridge Street and 44 Boston Street (Gateway Center) within an area subject to protection under the Wetlands Protection Act MGL c.131§40 and Salem Wetlands Protection & Conservation Ordinance.
Here for National Grid is Ms. Amanda Neville from Conical Environmental. She describes the project. Timing will depend upon the Gateway Center project. All work will be done within the street and under new WPA regulations it is exempt; the DEP is unsure if it is exempt in a flood plane or not. This is similar to gas projects but with a smaller trench.
St. Louis comments on the Commission’s preferences from the last project; this is the same process. Ricciarelli wonders why it must be in Bridge St. and not on the property and Ms. Neville is not sure. Chair St. Louis asks about the overhead lines and Ms. Neville is also unsure. They would like to put in a pad-mounted transformer on the property, which is why they need the underground lines. Ricciarelli asks about Chapter 91 and whether this should be exempt. Devine outlines and explains it may be folded into or just considered incidental to Chapter 91, and further discussion ensues.
Ms. Neville describes the process for after the work in the street is done, once National Grid moves on to the property. Devine states that the Gateway Center will be coming before the Commission again for an amendment. Ricciarelli comments that it may make sense for National Grid to come in at the same time as the project. In general National Grid will not file for a project on private property; the owners must do their own filings separately.
St. Louis outlines National Grid’s handling of materials as discussed at the last meeting. Conditions previously discussed then would be included now. However Devine comments that this would be a Negative 2 Determination, which would require conditions in a separate cover letter.
A Motion to issue a Negative 2 and a Negative 6 Determination is made by Gambarini, seconded by Pond, and all are in favor.
Special conditions as before:
Preference is for no stockpiling, but if necessary, follow material handling plan
Prior to start of work, a logistics plan for handling of materials left onsite will be provided
Old/New Business
- Discussion of paving at 65 Jefferson Avenue
Mr. Charles Faia presents. This is for a satellite parking lot for the North Shore Medical Center. He describes the parking lot; the amount of impervious surface has been reduced by about 4500 square feet. A grassy area with a swale is proposed. Test pits were dug and results described as static water elevation. They are proposing the grassy area so that runoff moves into the swale.
Devine had requested additional information and a proposal to comply with the WPA, since the parking lot was paved without the Commission’s approval. An after-the-fact Notice of Intent could be required if the Commission wishes.
Chair St. Louis asks about pavement removed and that is outlined. The location of some old pavement that they would like to remove is on New England Power’s property.
Devine comments that this is Riverfront area and flood zone. Some pavement is in an area formerly occupied by a building, so it would have been impervious already; much was repavement but some is new paving in a jurisdictional area, however Devine is comfortable however the Commission wants to view it.
Logistics of water flow are discussed. St. Louis wonders if the floodplain was filled and is coastal or not; pavement is generally not considered fill. Removal of the buildings is discussed.
The Commission assumes that removing the building from the flood plain increased flood storage. The Commission is unclear on whether a filing is needed or whether their awareness of the project is sufficient. Devine suggests a “friendly” enforcement letter stating that they should proceed with the swale as corrective action but they do not need to move forward with a filing. Chair St. Louis feels the work should be exempt as long as it does not raise or expand the parking lot; other Commissioners agree, but Devine states that if that were the case, they would not require a swale. However, St. Louis states that the removal of the building changes the drainage/runoff/TSS runoff situation so the swale is needed. Glode thinks that this plan makes sense.
The swale is not sized but is planned according to what would fit there. St. Louis approves of the enforcement letter; he would like the swale to be maintained as per the Operations and Maintenance requirements of the Mass Stormwater Management Handbook’s best practices
Devine will send the letter requiring construction of the swale with and Operation and Maintenance plan as per the Stormwater management handbook. The swale must be completed by November. A line of erosion controls should be placed at the property line within 30 days.
A motion to issue a letter to the owner of 65 Jefferson Ave. is made by Ricciarelli, seconded by Glode, and passes unanimously.
- Discussion of tree removal at 185 Jefferson Avenue
Devine describes the trees removed. They were under powerlines and National Grid was concerned that the 9 large Norway maples had the potential to fall onto or grow into the lines. They are asserting that the removal is exempt under the WPA. Stumps were left.
Ricciarelli comments that they have always come before the Commission when doing work in a buffer zone. Replanting is mentioned, but St. Louis comments that they spray herbicides along the right of way so that may not be a good idea.
The Commission expects the courtesy of notification. Devine will relay this message.
- Discussion of debris in wetlands behind Pyburn Avenue
This is behind Easi Self Storage and the adjacent condominiums. Residents whose backyard abuts that land have complained about debris such as tires and fence materials in the wetlands. Devine will send an enforcement letter and wanted to notify the Commission. His typical approach is that the owner is responsible even if someone else did the dumping, and the Commission agrees. Devine will issue a letter requiring removal of the debris in the fall after the vegetation dies back.
- Update on Salem-Beverly MBTA draw bridge repair
This work is exempt but Devine got another notice stating they will do even more extensive repair. St. Louis comments that they will have to redo all the piles. Ricciarelli says they should just go ahead.
- Meeting minutes—March 12, 2015; April 9, 2015; May 14, 2015
A motion to approve three sets of minutes is made by Ricciarelli, seconded by Pond, and passes unanimously.
Typos on April’s minutes is noted and will be corrected.
Lahey Landscaping Yard, Swampscott Rd.: large compost piles on previously filled wetlands
A complaint was received that wetlands were being filled, but Devine could find no evidence of this. Chair St. Louis suggests that compost sites fall under the DEP solid waste arm, and that they must have a permit and be specific as to the amount of material they can handle onsite. Devine discussed obtaining a commercial composting permit with the owner. Devine can’t say for sure if this is out of the wetlands or if it has expanded into them. The owner offered to update the report for Mary Rimmer, which was a letter. Devine must do more homework. He will look at archives. St. Louis suggests reviewing historic aerials. Ricciarelli suggests putting the onus on the owner to fix any issues.
Miscellaneous
Devine is promoting an info session for the Brownfields Revolving Loan on Thursday, June 25 at 6PM at the City Hall Annex.
The Community Preservation Committee approved money for evaluation of trails and bridges and way finding and the Forest River Conservation Area. Devine won’t be able to work on this until mid July.
St. Louis complains about ATV’s in the salt marsh along the Forest River between Loring Ave. and Lafayette Street. Devine will notify the Marblehead Conservation Agent, since this is in Marblehead.
Ricciarelli motions to adjourn, Pond seconds, and all are in favor.
The meeting ends at 8:51PM
Respectfully submitted,
Stacy Kilb
Clerk, Salem Conservation Commission
Approved by the Conservation Commission on August 20, 2015
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