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2004-CONSERVATION COMMISSION a�Ll �� t • 0 0 N 0 v� CITY OF SALEM CONSERVATION COMMISSION You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meetings for 2004 at 6:00 PM, in Room 313, Third Floor at 120 Washington Street. Kevin P. Cornacchio Chairman /Thursday, January 15, 2004 /Thursday, September 9, 2004 /Thursday, January 29, 2004 /Thursday, September 23, 2004 ,/Thursday, February 12, 2004 srhursday, October 14, 2004 ✓Thursday, February 26, 2004 vf'hursday, October 28, 2004 SThursday, March 11, 2004 4hursday, November 18, 2004 ,/Thursday, March 25, 2004 4hursday, April 8, 2004 /Thursday, December 9, 2004 /Thursday, April 22, 2004 4hursday, December 23, 2004 ✓Thursday, May 13, 2004 hursday, May 27 2004 thhursday, June 10, 2004 ursday, June 24, 2004 NfThursday,July 8, 2004 %.4hursday,July 22, 2004 If* /August- No Meetings 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, January 15, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—December 11, 2003. 2. Public Hearing- Notice of Intent--Cousins Realty Trust, Keith A. Nadeau &Robert R. Hamel, Trustees, 111 Green Lawn Avenue, Salem, MA. The purpose of this hearing is to discuss the construction of two single-family dwellings, driveways; utilities, grading and landscaping on Lot A, (Map 36, lot 87) Pearl Street. 3. Public Hearing- Notice of Intent-Mark Tremblay, 22 Forest Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a single-family dwelling and street extension on Laurier Road (Map 23, Lot 0050). 4. Old/New Business • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 . WWWiSALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, January 15, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, January 15, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joseph Furnari, Michael Allen, and Michael Blier. David Pabich was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the Conservation Commission meeting held on December 11, 2003 were presented for approval. Michael Allen moved approval as amended, seconded by Joe Furnari and approved. Public Hearing Notice of Intent - Cousins Realty Trust - Keith A Nadeau and Robert T. Hamel. Trustees - Lot A (Mao 36, Lot 87) Pearl Street Atty. Steve Lovely addressed the Commission and explained the history of the property. He explained that the application is for the construction of two single family dwellings, driveways, utilities, grading and landscaping on Lot A. He noted that Atty. Jack Keilty was present at the meeting representing the previous owner of • the property and could answer any questions regarding the history of the site. Atty. Keilty addressed the Commission and explained that Mr. Fallon had an interest in donating some of the parcel to the city for a park. He explained that the State is taking a portion of the parcel for the bypass road and the lot that is proposed to be built on is not included in that taking. He presented a letter from Mass Highway explaining the situation. He also explained that the applicants purchased the property in August and have had a difficult time getting the state to send a representative to meet with them to review the plans. He reviewed a copy of the plan and noted that this is the third filing on this matter. Atty. Keilty explained the history of the parcel and noted that a clean up was undertaken and was somewhat stymied by the weather but has been completed. He also noted that the state finally issued another DEP file number for the property noting that there are now three file numbers. Atty. Keilty explained that the property is river front and they are proposing no alteration of the buffer zone of the North River. He noted that between the river and the property is an MBTA track and the proposed bypass road. He explained that there is a low point between the houses and the resource area and there will be a small alteration of the river front property. He also noted that the area is the former Salem Shoe site and it is a not a pristine site. Kevin Cornacchio asked if they have documentation that the site is clean of contamination. Atty. Keilty stated that they would get documentation from the Licensed Site Professional. :s Kevin Cornacchio stated that he is concerned that if they start digging for the cellars of the homes they might find more contaminated soil. Mr. Hamel addressed the Commission and explained that they will be constructing slab on grade with garages under the buildings. Abby Burns asked to have the location of the proposed park explained. Denise McClure, Assistant City Planner addressed the Commission and explained that she has been in contact with the State and they are in the process of taking the land necessary for the bypass road. She explained that the state is not taking this lot and that the 100% plans for the roadway are complete and she expects to be getting a copy of the plan soon. Michael Blier expressed his concern about the amount of filling that will be done on the site, noting that the elevations show that the buildings are set up high. Mr. Hamel reviewed the elevations with the Commission and explained that the dwellings would be modular homes and the lower level would be slab on grade with a knee wall around the perimeter. He also noted that there would be surface recharge or the roof runoff. Kevin Cornacchio opened the hearing up for public comment at this time. Ward Two Councillor Mike Sosnowski addressed the Commission and expressed his opposition to this project. He stated that he recognized that this project is smaller than the original proposal of six duplexes, however the neighbors were opposed to • the original plan and were promised open space. He stated that he felt that this plan violates the promise of the open space. Michael Allen questioned whether the agreement for open space would have any bearing on the Conservation Commission decision. Leslie Burn of 16 Saunders Street addressed the Commission and expressed her concern that the neighborhood is already overpopulated. She stated that any new houses would be too many. She also noted that when the clean up of the contaminated soil was done the contractor was not very considerate of the neighbors. Paul Ward of 12 Pearl Street addressed the Commission and stated that he had no problem with people from Salem wanting to develop land, but this area is already too congested. He also noted that the lot collects a pool of water on it when it rains and it seems like this development would be right on top of the road. He also noted that through Representative Ruane's office they were promised open space. He also noted that the neighbors signed a petition opposing this project. Jim Treadwell from the North Fields Neighborhood Association addressed the Commission and stated that he was interested in the bypass road and questioned if the state has to sign off on the LSP report on the soil contamination. Atty. Keilty stated that the state would have to sign off. Mr. Treadwell also noted that the site has been recognized as a National Historic Register Site with the boundary going all the way to March Street. Denise McClure stated that she was not aware of that and would look into that. • 2 • Mr. Treadwell also noted that there are new storm water management regulations. Denis McClure stated that she was aware of the regulations and would review the plans with city engineer Joe Nerden, noting that the lot may be under the size limit for the new regulations. It was questioned whether this parcel is subject to a Chapter 91 License and whether or not this is filled tide lands. Kevin Cornacchio stated that he would have the Planning Department check on that. Atty. Keilty stated that he does not believe that they are. Don Cefalo noted that the Commission is responsible to make sure that the plan complies with the Wetland Protection Act and meets the criteria of the Act. He explained that the North River would make the project fall into the River Front Area which falls under the Rivers Protection Act. Abby Burns stated that she would like to hold a site visit. Kevin Cornacchio agreed. The Commission scheduled a site visit for Saturday, January 24, 2004 at 9:00 a.m. Kevin Cornacchio requested that the area be flagged before the site visit. There being no further questions or comments regarding this plan this evening a motion was made by Michael Allen to continue the public hearing to January 29, 2004, seconded by Joe Furnari and approved. Public Hearing - Notice of Intent - Laurier Road - Construction of Single Family • Home - Mark Temblav Bob Griffin representing Mr. Mark Tremblay addressed the Commission and explained his plans to construct a single family home on property on Laurier Road. He explained that the house would be approximately 20,000 s.f. with a garage and associated utilities. He explained that there is a drainage easement with the city on the site and explained the location. He also noted that they are not altering anything on the site. Mr. Griffin explained that the plans call for the extension of Laurier Road by 100 feet, with parking provided on the opposite side of the drainage easement. He noted that there would be no significant grading changes and the existing drainage patterns would remain the same. Kevin Cornacchio asked if there was any agreement with the city regarding the easement. Mr. Griffin stated that there is nothing to prevent the owner from crossing over on his own land. Kevin Cornacchio noted that the plans call for the installation of a new pipe and questions the decrease in the size of it. Mr. Griffin explained that in recent years they have not observed anything coming from up stream and there is no need for the larger pipe. He noted that the city engineer is reviewing the plans. Abby Burns asked what the distance was between the garage and the wetland. Mr. Griffin stated that it is about 23 feet. • Mr. Tremblay reviewed the drainage on the site. 3 • Kevin Cornacchio opened the hearing up for public comment at this time. Joe Laurenzano an abutter addressed the Commission and expressed his concerns about water puddling behind his house. He questioned if when the house and garage are built where the water would go. He stated that he is concerned that the water will pitch towards his property. He also stated that he has noticed changes to the drainage pattern since they started filling the yard. He also stated that he is concerned that Mr. Tremblay would be storing his construction equipment on the property. Kevin Cornacchio stated that the Commission would be concerned with the water runoff, however other issues such as the storage of equipment is a zoning matter and would have to be taken up with other city officials. Mr. Tremblay addressed the Commission and suggested that he could install a French drain since the water will not percolate through clay. Mr. Griffin explained that the runoff could be redirected to the new location of the catch basin, noting that they are not doing anything to alter the groundwater flow. He also explained that they plan to create a smooth surface with the lawn which includes slight regrading. Mrs. Cheryl Laurenzano addressed the Commission and stated that she is concerned about the location of the catch basin as that is where the current problems are. Joe Furnari questioned if the area was filled. Mr. Griffin stated that some of the area was filled earlier but that has stopped. Mr. Tremblay explained that he was trying to • grow some grass. He also stated that he would not have a problem working with the neighbors to repair the retaining wall and install a pipe to help with the problems. Mike Blier suggested that as they regrade the property they could install aggregate material in some areas to make the area conducive to alleviating the problems. Kevin Cornacchio stated that she would like to hold a site visit. The Commission scheduled a site visit for January 24, 2004 at 10:00 a.m. Atty. Joseph Correnti addressed the Commission and stated that his clients, the Laurenzanos are interested in protecting their property and are willing to work with Mr. Tremblay. He asked if there were any drainage calculations available for the plans. Mr. Griffin stated that drainage calculations were not part of this submittal but they would provide them. Atty. Correnti noted that the city engineer would be reviewing them and that would answer some of the questions regarding them. There being no further questions or comments regarding this plan this evening a motion was made by Michael Allen to continue the public hearing to January 29, 2004, seconded by Joe Furnari and approved. • 4 . Old / New Business Don Cefalo presented the schedule for the Salem Conservation Commission meetings for the year 2004. Mike Allen moved to approve the schedule of meetings for the year 2004. seconded by Joe Furnari and approved. Adjournment There being no further business to come before the Salem Conservation Commission this evening a motion was made by Joe Furnari to adjourn the meeting, seconded by Mike Allen and approved. The meeting was adjourned at 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC011504 • 5 CITY OF SALEM ' CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, January 29, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Meeting Minutes—January 15, 2004. 2. Continuation Public Hearing- Notice of Intent--Cousins Realty Trust, Keith A. Nadeau & . Robert R. Hamel, Trustees, 111 Green Lawn Avenue, Salem, MA. The purpose of this hearing is to discuss the construction of two single-family dwellings, driveways; utilities, grading and landscaping on Lot A, (Map 36, lot 87) Pearl Street. 3. Continuation Public Hearing-Notice of Intent-Mark Tremblay, 22 Forest Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a single-family dwelling and street extension on Laurier Road(Map 23, Lot 0050). 4. Continuation Public Hearing—Notice of Intent—Riverview Realty Trust;208 Derby Street, Salem, MA. The purpose of the hearing is to discuss the construction of six duplex dwellings with associated roadwork, grading, utilities, landscaping and stormwater facilities within the property located at 24 Saunders Street. 5. Old/New Business s 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 0 WWW%SALEM.COM a • Salem Conservation Commission Minutes of Meeting Thursday, January 29, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, January 29, 2004 at 6:00 p.m. in the third Floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joseph Furnari, Michael Allen, Michael Blier and David Pabich. Abby Burns was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the Conservation Commission meeting held on January 15, 2004 were presented for approval. Michael Allen moved approval as amended, seconded by David Pabich and approved. Chairman Kevin Cornacchio stated that the Commission would take the agenda out of order while waiting for an applicant to arrive. Continuation of Public Hearing - Notice of Intent - Mark Tremblay - Construction of Single Family Home on Laurier Road Kevin Cornacchio read a letter from the Robert Griffin on behalf of the applicant requesting a continuation of the public hearing to February 12, 2004. Michael Allen moved approval, seconded by David Pabich and approved (5-0). Continuation of Public Hearing - Notice of Intent - Riverview Realty Trust - 24 Saunders Street Kevin Cornacchio read a letter from the applicant requesting a continuation of the public hearing to March 11, 2004. Michael Allen moved approval, seconded by Joe Furnari and approved (5-0). Continuation of Public Hearing - Notice of Intent - Cousins Realty Trust, Keith Nadeau and Robert R. Hamel. Trustees - Lot A - Pearl Street Don Cefalo addressed the Commission and the applicant and explained that the Building Inspector has some concerns about the number of buildings on a site this size. He explained that after the site visit he checked with Joe Nerden regarding drainage issues etc. and he stated that he wanted to have the concerns of the Building Inspector cleared up before he reviewed the drainage calculations. Mr. Nadeau addressed the Commission and stated that he was unaware of the concerns of the Building Inspector. Kevin Cornacchio suggested that they should request a continuation of the public hearing and meet with the Building Inspector regarding his concerns. Mr. Nadeau agreed and requested in writing that the Commission continue the Public Hearing to February 12, 2004. Michael Allen moved to continue the public hearing to February 12, 2004, seconded by Joe Furnari and approved (5-0). 1 I Old/New Business Don Cefalo reported that the Planning Department received a check for $2,600.00 from Mr. Fallon for the fines imposed on the Saunders Street site. He stated that there is a notation on the check that he paid the fine under protest. There being no further business to come before the Conservation Commission at this meeting a motion was made by Michael Allen to adjourn the meeting, seconded by Joe Furnari and approved unanimously. The meeting was adjourned at 6:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem conservation Commission CC012904 2 CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 12, 2004 at 6:00 a.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Meeting Minutes —January 29, 2004 2. Continuation Public Hearing- Notice of Intent—Cousins Realty Trust, Keith A. Nadeau & Robert R. Hamel, Trustees, 111 Green Lawn Avenue, Salem, MA. The purpose of this hearing is to discuss the construction of two single-family dwellings, driveways; utilities, grading and landscaping on Lot A, (Map 36, lot 87) Pearl Street. 3. Continuation Public Hearing - Notice of Intent-Mark Tremblay, 22 Forest Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a single-family dwelling and street extension on Laurier Road (Map 23, Lot 0050). 4. Continuation Public Hearing—Notice of Intent—Riverview Realty Trust, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. 5. Public Hearing— Request for a Determination of Applicability- USGen New England, Inc., Salem Harbor Station, 24 Fort Avenue, Salem, MA. The purpose of this hearing is for a determination regarding the temporary placement of a 60-foot x 24-foot office trailer within the buffer zone at 24 Fort Avenue. 6. Public Hearing—Request for a Determination of Applicability - Beverly Co-operative Bank, c/o William Howard, 254 Cabot Street, Beverly, MA 01915. The purpose of this hearing is for a determination of work associated with the excavation of soil material, pavement removal, paving, landscaping and grading at the property located at 9 Peabody Street. • 7. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting February 12, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, February 12, 2004 at 6:00 p.m. in the third Floor conference room at 120 Washington Street, Salem, MA. 01970 Members Present were: Chairman Kevin Cornacchio, Joseph Furnari, Michael Blier, Abby Burns, Michael Allen and David Pabich. Also present were Conservation Administrator Don Cefalo, and Eileen Sacco, Clerk. Approval of Minutes The minutes of the Salem Conservation Commission meeting held on January 29, 2004 were presented for approval. Michael Allen moved to approve the minutes of the meeting of January 29, 2004 as amended, seconded by Joseph Furnari and approved. Continuation of Public Hearing - Notice of Intent - Cousins Realty Trust - Construction of two single family homes - Pearl Street David Pabich recused himself from discussion of this matter. Atty. Jack Keilty addressed the Commission and explained that he was working on • this matter with Atty. Lovely on behalf of his client Riverview Realty Trust. Atty. Keilty reviewed the changes that have been made to the plan since the last meeting and noted that the plan has been revised to the satisfaction of the Building Department. The Commission reviewed comments from Joe Nerden and he is concerned about potential stormwater runoff problems for the neighbors. He explained the drainage patterns of the site and proposed that if the Commission would like to issue a condition that they provide an additional recharge area they would accept that. Kevin Cornacchio noted that the elevations shown on the plan shows the drainage on Pearl Street. Atty. Keilty explained that they it currently where the drainage goes before any construction is done on the site. Kevin Cornacchio expressed his concern about the location of the drainage and oossible pooling of water on the site. Atty. Keilty explained that they would include a recharge area at the request of the Commission if they feel the need for it. He further explained that the Building Inspector wanted a roof over the deck and now there is a concern about additional roof runoff. Michael Allen questioned whether the roof over the deck would allow water to go through. Atty. Keilty stated that yes the water would go through. Michael Blier asked if there would be a decrease in the impervious surface. Atty. Keilty stated that there is a slight decrease in the pavement on the site. . Kevin Cornacchio opened the hearing up for public comment at this time. 1 Andy Goldman of 11 Pearl Street addressed the Commission and expressed his • concerns about the impervious surface on the site. Atty. Keilty reviewed the drarinage on the site. It was suggested that the proposed parking area be changed. Atty. Keilty noted that the applicant was trying to provide additional parking on the site for visitors in.response to concerns of the neighbors about parking. Gloria Ward of 12 Pearl Street addressed the Commission and expressed her concerns about drainage on the site. He stated that she would like them to prove that there would be no additional drainage problems in the area when this project is completed. She also questioned what the effect of the proposed bypass road would be on the site when that is built. Kevin Cornacchio suggested that the bitumnious paving proposed for the parking area be replaced with crushed stone. It was also noted that the site plan shows no articulation of pavement from the driveway to the house. It was also noted that the City Engineer would have to approve the changes to the plan. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. Joseph Furnari moved to issue a standard Order of Conditions with special conditions, seconded by Michael Allen and approved. The Commission discussed special conditions for the project as follows: The surface for the additional parking on the site will be gravel and is subject to the approval of the Building Inspector. Continuation of Public Hearing - Notice of Intent - Mark Tremblay - Proposed single family house on Laurier Road Don Cefalo read a letter from Bob Griffin on behalf of his client Mark Tremblay requesting that the Public Hearing be continued to February 26, 2004. Joesph Furnari moved to approve the continuation of the public hearing to February 26, 2004, seconded by Michael Allen and approved. Continuation of Public Hearing - Notice of Intent - Riverview Realty Trust - Work Related to the Remediation and Cleanup of Contaminated Soil 24 Saunders Street Don Cefalo read a letter from Mr. Fallon requesting that the Public Hearing be continued to April 8, 2004. Joesph Furnari moved to approve the continuation of the public hearing to April 8, 2004, seconded by Michael Allen and approved. 2 Public Hearing - Request for Determination of Applicability - USGEN New England. • Inc. Salem Harbor Station - Determination regarding temporary placement of a 60X24 foot office trailer within the buffer zone at 24 Fort Avenue Kevin Cornacchio recused himself from discussion of this matter. Joe Furnari read the legal notice for the public hearing and noted corrections to the published ad as it appeared in the Salem News. Jeff Brandt of TRC Inc. addressed the Commission and explained the plans for the temporary placement of a 60X24 foot office trailer in the buffer zone. The Commission reviewed the plan which showed the location of the trailer. There being no further questions or comments regarding this matter a motion was made by David Pabich to issue a Negative 3 Determination, seconded by Michael Allen and approved. Public Hearing - Reauest for Determination of Applicability - Beverly Co-operative Bank - Determination of Work Associated with the excavation of soil material, pavement removal, paving and grading at the property located at 9 Peabody Street Atty. George Atkins addressed the Commission and explained the plans. He explained that the bank received approval a year ago for their project at the corner of Lafayette Street and Derby Street and this property was purchased to provide additional parking for the bank. He also noted that the additional parking would be used by the neighbors nights and weekends. • Atty. Atkins explained that the area is poorly paved and they propose to remove contaminated soil from one corner of the site and repave it. He noted that they are not changing the use of the site and there will be minimal impact on the area. Atty. Atkins noted that they do not own the property to the water and that is city owned land. He also explained that the city has plans to use that area as a walkway along the river. Todd Piecekwicz addressed the Commission and explained the landscaping plans. He stated that they propose to put lights in the parking area and there would be little impact. He explained that the excavated material would be covered and trucked offsite and the area would be refilled with clean fill. Kevin Cornacchio questioned the application for an RDA and not a full Notice of Intent. He recalled a similar project for a storage facility that was appealed to DEP and a Superceding Order of Conditions was issued. Atty. Atkins stated that while the site is in the River Front Area they are not impacting the site and noted that they do not own out to the riverfront. He also noted that they are committed to working with the city on the proposed park and plan to provide neighborhood parking on nights and weekends. He also noted that there is no neighborhood opposition for this project and the storage facility had a great deal of neighborhood impact. He further noted that all of the work proposed is an improvement to the site. 3 Michael Allen questioned which way the sheet flow went on the site. Atty. Atkins • stated that it goes towards the river. Atty. Atkns also noted that a project the size of the storage facility had a greater impact on the neighborhood than the proposed work on this site. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this project. There being no further questions or comments regarding this matter, a motion was made by Abby Burns to close the public hearing, seconded by Michael Allen and approved. Motion made by David Pabich to issue a Negative 3 Determination, seconded by Joe Furnari and approved. There being no further business to come before the Conservation Commission at this meeting a motion was made by Michael Allen to adjourn the meeting, seconded by Abby Burns and approved. The meeting was adjourned at 7:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk • Salem Conservation Commission CCO21204 • 4 _ o CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 26, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Meeting Minutes—February 12, 2004 • 2. Continuation Public Hearing- Notice of Intent - Mark Tremblay, 22 Forest Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a single-family dwelling and street extension on Laurier Road (Map 23, Lot 0050). 3. Continuation Public Hearing - Notice of Intent- DEP # 64-329, Glover Estate, LCC, 121 Loring Avenue, Salem, MA. The purpose of the hearing is to discuss the remediation of lead contaminated soil and sediment located on site (including the waterfront beach area), associated with the development and construction of a 55 unit assistant living center at 485 Lafayette Street (former Chadwick Lead Mill). 4. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 4 WWW.SALEM.COM Salem Conservation Commission • Minutes of Meeting Thursday, February 26, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, February 26, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joseph Furnari, Michael Allen, Michael Blier and David Pabich. Abby Burns was absent. . Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Approval of Minutes The minutes of the Conservation Commission meeting held on February 12, 2004 were presented for approval. Michael Allen moved approval as amended, seconded by Abby Burns and approved. Continuation of Public Hearing - Notice of Intent - Mark Tremblay - Construction of Single Family Home on Laurier Road Kevin Cornacchio read a letter from the Robert Griffin on behalf of the applicant requesting a continuation of the public hearing to March 11, 2004. Michael Allen moved approval, seconded by David Pabich and approved (5-0). • Continuation of Public Hearing - Notice of Intent - Glover Estates. LLC - DEP File #64-329 - 121 Loring Avenue, Salem. MA. Kevin Cornacchio read a letter from the applicant requesting a continuation of the public hearing to June 10, 2004. Michael Allen moved approval, seconded by Abby Burns and approved (5-0). Old/New Business Abby Burns reported that she received information that some testing has been going on in Thompsons Meadow. Don Cefalo stated that he received a call from DEP regarding this as well. He reported that the city has been doing some testing regarding water sources for Old Salem Greens. Kevin Cornacchio will call Mr. Thibodeau, Director of Public Services regarding this matter. There being no further business to come before the Conservation Commission at this meeting a motion was made by Michael Allen to adjourn the meeting, seconded by Joe Furnari and approved unanimously. The meeting was adjourned at 6:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk • Salem conservation Commission CCO22604 CU CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, March 11, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Meeting Minutes—February 26, 2004 2. Public Hearing- Abbreviated Notice of Resource Area Delineation - Osborne Hills Realty Trust,P.O. Box 780, Lynnfield, MA 01940. The purpose of the hearing is for a determination • of a delineated wetland boundary line, approximately 5500 linear feet in length along Marlborough Road. 3. Public Hearing—Notice of Intent- Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the construction of a single-family dwelling, grading, landscaping and stormwater management for the property located on Lot 1, Marlborough Road. 4. Public Hearing—Notice of Intent- Osborne Hills Realty Trust, P.O. Box 780,Lynnfield, MA 01940. The purpose of this hearing is to discuss the construction of a single-family dwelling, grading, landscaping and stormwater management for the property located on Lot 2, Marlborough Road. 5. Public Hearing—Abbreviated Notice of Intent-Tedesco Pond Association c/o Dr. Charles Louden—Trustee, 70 Atlantic Avenue, Marblehead, MA 01945. The purpose of this hearing is to discuss the implementation of an aquatic management program to control nuisance aquatic vegetation and algae at Tedesco Pond. 6. Continuation Public Hearing- Notice of Intent- Mark Tremblay, 22 Forest Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a single-family dwelling and street extension on Laurier Road (Map 23, Lot 0050). • 7. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, March 11, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, March 11, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Abby Burns, Joseph Furnari, Michael Allen, and David Pabich. Abby Burns was absent. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Members Absent: Michael Blier Approval of Minutes The minutes of the Conservation Commission meeting held on February 26, 2004 were presented for approval. Michael Allen moved approval as amended, seconded by Abby Burns and approved. Kevin Cornacchio recognized Allen Young who addressed the Commission and expressed his thanks to Tom Phiben, the Essex County Sheriffs Department and the City of Salem Employees for the removal of the telephone poles at the Forest River Conservation Area. Kevin Cornacchio recognized Councillor Joseph O'Keefe who addressed the • Commission and requested approval of the Tedesco Pond Aquatic Management Plan. He thanked the Commission for hearing him as he had to leave the meeting to attend a City Council meeting. Continuation of Public Hearing - Notice of Intent - Riverview Realty Trust - 24 Saunders Street Kevin Cornacchio read a letter from the applicant requesting that the Public Hearing be continued to May 27, 2004. Joe Furnari moved to continue the public hearing to May 27, 2004, seconded by Abby Burns and approved. Public Hearing - Abbreviated Notice of Resource Delineation - Osborne Hills Realty Trust In the interest of time, Chairman Kevin Cornacchio allowed Ward Four City Councillor Leonard O'Leary to address the Commission as he had a City Council meeting to attend. Councillor O'Leary addressed the Commission and noted that some of the neighbors had not been notified of this meeting. He presented the notice that he received and noted that is was addressed to Catherine Kidney, his deceased mother-in-law. Councillor O'Leary stated that the neighbors are concerned about the impact that the development will cause on the neighborhood and asked the Commission to hire an independent consultant to review the wetlands boundaries as submitted by the applicant. 1 • Councillor O'Leary also noted that the applicant has started clearing lots on Marlborough Road. Don Cefalo stated that the lots in question are not before the Commission and the applicant has a right to clear the trees on them. Chris Mello of Eastern Land Survey and Attorney Brian McGrail addressed the Commission and explained the application on behalf of Mr. DiBiase. Kevin Cornacchio stated that the practice of the Commission is to hire an independent consultant to review the wetland delineation. Abby Burns stated that she would also like to visit the site. Chris Mello noted that Mary Rimmer of Rimmer Associates did the original flagging on the property. He also recalled that in the review of the Steadman property the consultant hired by the Commission walked the property with Ms. Rimmer and then the Commission visited the site. He stated that the process worked well. Michael Allen moved to hire an independent consultant to review the wetland delineation, seconded by David Pabich and approved. Don Cefalo reported that he would solicit three bids and present them to the Commission for their review. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the application. Harold Roberts of 7 Home Street addressed the Commission and questioned why some neighbors were not notified of this meeting. Atty. McGrail reviewed the law • and noted that the neighbors on the other side of Marlborough Road need not be notified. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to April 4, 2004, seconded by Abby Burns and approved. Public Hearing - Notice of Intent - Osborne Hills Realty Trust - Lots 1 & 2 - Construction of Two Single Family Dwellings, grading, landscaping and stormwater management Chris Mello addressed the Commission and explained the plans for lots 1 and 2. He noted that the lots are partially in the buffer zone of the resource area. He explained the utilities and noted that they have provided a roof recharge system for the lots. He also noted that they have provided for a No Cut No Disturb Zone within 25 feet of the resource area. He also noted that the homes are located 75-80 feet from the resource area. David Pabich noted that this property is included in the wetlands delineation that has been submitted to the Commission and continued to April 8, 2004. Kevin Cornacchio questioned why they have provided for such a large detention area in the back of the houses. Mr. Mello explained that the stormwater management regulations call for full stormwater management on projects of 9 lots or more and he felt that it would be safer to meet the standard of that for all of the lots. He • explained that the main task is to take care of the suspended solids and while this seems like overkill it is necessary for the management of the water quality. 2 • Mr. Mello stated that the plan calls for the micro contouring of some of the area so that the runoff will run into the basins. David Pabich asked how the vehicles will access the area to maintain the detention area. Mr. Mello explained that the area will be privately maintained and would probably be done by hand. Joe Furnari addressed the applicant and stated that he knows the topography of the area and the large detention area is needed. Kevin Cornacchio opened the hearing up for public comment at this time. George Innis of 21 Sherwood Avenue in Peabody addressed the Commission and expressed his concern that the detention area is overkill and they would be using it for the development of future lots. A resident of 8 Sherwood Avenue in Peabody addressed the Commission and expressed her concern about flooding in the area. She noted that she has had water problems and damage in the past. Michael Allen noted that this application is for two houses and normally they would not be required to do such a large detention area. Mr. Mello noted that they are held to a higher standard due to the eventual number of lots in the area. Roger Leger of 64 Marlborough Road addressed the Commission and questioned why • the applicant is not required to show the whole picture of what is to be developed in the area. He noted that they should be able to see the whole development. Lisa Matthews of 7 Howard Avenue in Peabody addressed the Commission and asked to have the detention area explained. Mr. Mello stated that the detention area is an open depression that will be 2 1/2 feet deep at a 2-1 slope. He explained that the area will hold the water of a 100 year storm up to 24 hours and it will empty. David Pabich added that the intention of stormwater management is to slow down the rate of runoff post development. Ron Christensen of Sherwood Avenue in Peabody addressed the Commission and expressed his concern about the flooding problems in the area. Mr. Mello stated that additional homes built in the subdivision will have to have stormwater management plans as well. Harold Robert of 7 Home Street, Salem addressed the Commission and expressed his concern that the water level in the area has increased since the 7 homes were built on Marlborough Road. He estimated that the water level has risen 6-8 inches. A resident of 6 Vernon Street Salem addressed the Commission and questioned what would happen if the owner of the property decides to fill the detention area in. Mr. Mello explained that it will be written into the deed. Jerry Harris addressed the Commission and expressed his concern that this is a sensitive area and voiced his concerns about the effects it would have on the • residents downstream. He noted that this will have a tremendous impact on the whole area. 3 • Bill Brady of Putnam Street addressed the Commission and expressed his concerns about the water problems in the area. He stated that he is concerned about the impact on Strongwater Brook and noted flooding problems in the area. There being no further comments or questions regarding this matter at this time a motion was made by Michael Allen to continue the public hearing to April 8, 2004, seconded by Abby Burns and approved. Public Hearing - Abbreviated Notice of Intent - Tedesco Pond Association - Implementation of an Aquatic Management Program Kevin Clancy addressed the Commission and explained the area and location which they propose to implement an aquatic management program to control nuisance aquatic vegetation and algae at Tedesco Pond. Mr. Clancy described the area and the pond and the material proposed to be used for the aquatic management of the pond. He explained that they hope to do 1 or 2 applications this summer with the result being the reduction of vegetation to a more manageable level. He noted that they hope to reduce it by 40%. David Pabich asked if there were any inlets in the pond. Mr. Clancy stated that he found one storm drain type of inlet on the western shoreline which flowed minimally during the summer months. David Pabich noted that the pond is a backup water supply for the Town of • Marblehead and they may want to discuss this with them as well. Mr. Clancy explained the application process of Sonar, Rodeo, Reward as detailed in the application. Kevin Cornacchio asked if this would be an annual program. Mr. Clancy stated that they are hoping for two years of control and noted that the first year is a learning year. David Pabich stated that this seems to be addressing the symptoms of the problem which seems to stem from management of yards. Mr. Clancy noted that the pond has a great buffer zone that restricts emergent vegetation. David Pabich stated that it sounds like Tedesco Pond is buying perpetual care that will limit the amount of growth. Mr. Clancy noted that the only way to turn the pond around is to dredge or hydro rake the pond and that is not necessary at this time. Abby Burns asked if there were fish in the pond. Mr. Clancy stated that from general observation there is evidence of fish there. Abby Burns stated that she would like to continue the public hearing. David Pabich agreed and stated that he would like the Commission to hold a site visit. Abby Burns also stated that she would like to talk with Rick Rennard, noting that Greenlawn Cemetery did some work on the pond in the past. 4 Kevin Cornacchio opened the hearing up for public comment at this time. There was • no one present who wished to comment on this project. There being no further questions or comments regarding this matter at this time a motion was made by Abby Burns to continue the public hearing to March 25, 2004, seconded by David Pabich and approved. Continuation of Public Hearing - Notice of Intent - Mark Tremblay - Construction of a single family house on Laurier Road Bob Griffin addressed the Commission on behalf of his client Mark Tremblay. He explained the plans and the revisions made since the last meeting at the request of the City Engineer. Mr. Griffin explained that they have decided to keep the 24 inch pipe at the existing catch basin. He also stated that there would be a note on the plan for the inspection of the pipe and the cleaning of it after the completion of construction. David Pabich noted that the catch basin down stream is a new structure and suggested that there would be a benefit to having a deep sump there, noting that it would be better for water quality. Mr. Griffin expressed concern about the additional cost of about $5,000-$7,000 that the addition of the deep sump would cost his client. Michael Allen asked if they would be raising the grade of the property. Mr. Griffin • explained that they would be sloping the grade to the catch basin at the end of Laurier Road. Kevin Cornacchio asked David Pabich if he felt strongly about the addition of the deep sump catch basin for this project. David Pabich stated that he felt that it is the right way to do it and was surprised that the City Engineer has not required it. Mr. Griffin located the catch basins on the plan and noted that he felt that this was a reasonable solution for this project. He also stated that he was not sure if the expense would yield an appreciable solution. Kevin Cornacchio opened the hearing up for public comment at this time. Mr. Laurenzano addressed the Commission and thanked Mr. Tremblay and Mr. Griffin for keeping him informed on the progress of the project. He also noted that his concerns are at ease since the plan shows that the elevations will direct the flow of water away from his house. Atty. Joseph Correnti addressed the Commission and stated that they have some conditions that they would like to suggest that they have discussed with the applicant. The Commission held a discussion on the installation of a deep sump catch basin. David Pabich stressed that this is the development of a street and the city should be requiring a deep sump catch basin to pick up the sheet runoff from Laurier Road. • 5 Mr. Tremblay stated that he does not have a problem with putting a deep sump • catch basin in, but asked if it could go in the location of the catch basin. Mr. Pabich stated that it would have to be in another location. Kevin Cornacchio suggested that the Commission get suggestions from the City Engineer. Mr. Griffin stated that his client was hoping for approval of the project this evening. Mr. Tremblay stated that he would agree to install the deep sump catch basin on the project. There being no further questions or comments regarding this matter a motion was made by Abby Burns to close the public hearing, seconded by Joe Furnari and approved. Atty. Correnti suggested the following conditions for the project: 1 That the area on the plan north of the driveway shall be a lawn area and shall be noted on the plan. 2 That large commercial construction equipment and vehicles shall not be stored in the buffer zone on the property. The Commission added the condition that deep sump catch basin shall be added five feet southwest of the drain at the end of Laurier Road and shall be noted on the as built plans. The applicant shall submit a revised plan to the Commission showing the lawn area on the plan and the addition of the deep sump catch basin. • There being no further questions or comments regarding this matter a motion was made by Joe Furnari to issue an Order of Conditions, seconded by David Pabich and approved. Old / New Business Kevin Cornacchio read a letter into the record from Mayor Stanley Usovicz regarding the removal of the telephone poles at the Forest River Conservation Area. He thanked the Essex County Sheriffs Department for their assistance in this matter. There being no further business to come before the Conservation Commission at this meeting a motion was made by Michael Allen to adjourn the meeting, seconded by Joe Furnari and approved unanimously. The meeting was adjourned at 8:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem conservation Commission CC031104 • 6 • ; - CITY OF SALEM R • CONSERVATION COIVIMTSSI`ON .Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled . meeting on Thursday, March 25, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—March 11, 2004 2. Continuation Public Hearing—Abbreviated Notice of Intent-Tedesco Pond Association c/o Dr. Charles Louden—Trustee, 70 Atlantic Avenue, Marblehead, MA 01945. The purpose of this hearing is to discuss the implementation of an aquatic management program to control • nuisance aquatic vegetation and algae at Tedesco Pond. 3. Old/New Business • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM'.COM' Salem Conservation Commission Minutes of Meeting Thursday, March 25, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, March 25, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Abby Burns, Michael Allen, and David Pabich. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Members Absent: Michael Blier, Joseph Furnari Approval of Minutes The minutes of the Conservation Commission meeting held on March 11, 2004 were presented for approval. Michael Allen moved approval as amended, seconded by David Pabich and approved. c Continuation of Public Hearing - Abbreviated Notice of Intent - Tedesco Pond Association - Implementation of an Aguatic Management Program Kevin Cornacchio read a letter from Mr. Clancy requesting that the matter be continued to April 8, 2004. Abby Burns made a motion to continue the public hearing to April 8, 2004, seconded by Michael Allen and approved. • Old / New Business Don Cefalo reported that he has received the three quotes for the hiring of an independent reviewer for the wetlands delineation of the DiBiase property. He noted that they have been referred to the Assistant City Planner for approval of the selection. Abby Burns suggested that the Commission send a letter to the Mayor requesting a new member to fill the vacancy on the Commission. The meeting was adjourned at 6:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem conservation Commission CC031104 • 1 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, April 8, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—March 27, 2004 2. Continuation Public Hearing-Abbreviated Notice of Resource Area Delineation - Osbome Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of the hearing is for a determination of a delineated wetland boundary line, approximately 5500 linear feet in length along Marlborough Road. 3. Continuation Public Hearing—Notice of Intent- Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the construction of a single- family dwelling, grading, landscaping and stormwater management for the property located on Lot 1, Marlborough Road. 4. Continuation Public Hearing—Notice of Intent- Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the construction of a single- family dwelling, grading, landscaping and stormwater management for the property located on Lot 2, Marlborough Road. 5. Continuation Public Hearing—Abbreviated Notice of Intent- Tedesco Pond Association c/o Dr. Charles Louden—Trustee, 70 Atlantic Avenue, Marblehead, MA 01945. The purpose of this hearing is to discuss the implementation of an aquatic management program to control nuisance aquatic vegetation and algae at Tedesco Pond. 6. Continuation - Public Hearing—Notice of Intent—Riverview Realty Trust, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. 7. Public Hearing—Request for a Determination of Applicability -USGen New England, Inc., Salem Harbor Station, 24 Fort Avenue, Salem, MA. The purpose of this hearing is for a determination of work related to the replacement within the same footprint of fifteen existing broken fender pilings located along the west side of the Salem Harbor Station's Coal Wharf at 24 Fort Avenue. 8. Old/New Business • Salem Conservation Commission Minutes of Meeting Thursday, April 8, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, April 8, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joseph Furnari, Abby Burns, Michael Allen, . Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Members Absent: Michael Blier, David Pabich Approval of Minutes The minutes of the Conservation Commission meeting held on March 25, 2004 were presented for approval. Michael Allen moved approval as amended, seconded by David Pabich and approved. Continuation of Public Hearing - Abbreviated Notice of Intent - Tedesco Pond Association - Implementation of an Aquatic Management Program Kevin Cornacchio read a letter from Mr. Clancy requesting that the matter be continued to April 22, 2004. Abby Burns made a motion to continue the public • hearing to April 22, 2004, seconded by Michael Allen and approved. Continuation of Public Hearing - Riverview Realty Trust - 24 Saunders Street Kevin Cornacchio read a letter from the applicant requesting that the matter be continued to May 13, 2004. Michael Allen moved to continue the public hearing for 24 Saunders Street to May 13, 2004, seconded by Abby Burns and approved. Greenlawn Cemetery Pnd Discussion Rick Rennard addressed the Commission and explained that his order of conditions for the aquatic maintenance of the pond in Greenlawn cemetery has expired and he would like to file for a Determination of Applicability rather than file a Notice of Intent due to time constrictions. He explained that the area is isolated and the pond is shallow. He also explained that they will follow all DEP regulations. Continuation of Public Hearing - Abbreviated Notice of Resource Area Delineation - Osborne Hills Realty Trust - Marlborough Road Bill Manual addressed the Commission and reviewed the Wetlands Delineation submitted to the Commission by Mr. DiBiase and the changes/recommendations that he has made since his review of them. He noted that he walked the site with Mary Rimmer. He noted that his changes that he is recommending are minor. Mr. Manual further noted that his visit was made on the Tuesday following the big rain event. • Chris Mello addressed the Commission and stated that in general he is in agreement with Mr. Manual's review and is comfortable with them. He did note that there are a couple of issues he would like to review with Mr. Manual. 1 • Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Michael Allen suggested that the Commission hold a site visit and suggested that they could have a joint site visit with the Planning Board. Kevin Cornacchio cautioned the Commission that the jurisdiction of the Commission and the Planning Board are different and that could be complicated, noting that they usually hold their own site visits. Chris Mello suggested that since there are no changes to the B Series that the Commission issue an Order of Conditions for lots 1 & 2. Don Cefalo suggested that the applicant file a revised plan with the Commission after they consult with Mr. Manual and Ms. Rimmer. Michael Allen agreed that since there are no changes to the B Series the Commission could issue an Order of Conditions. Don Cefalo clarified with the applicant that the detention pond behind lots 1 & 2 is for the sole purpose of servicing those lots and shall not be included in any drainage plans for future development of other property. He also noted that it is the responsibility of the developer to ensure that the maintenance of the detention area is the sole responsibility of the owners of the property. • Kate Gormally addressed the Commission and questioned if there were restrictions in the conditions on the use of pesticides. Kevin Cornacchio noted that the standard conditions issued by the Commission addresses pesticides. Ron Christenson of Peabody addressed the Commission and questioned if there were any more recent flood maps than the ones dated 1982. He suggested that the Army Corp of Engineers should update those maps. Kevin Cornacchio noted that the Commission was only holding a hearing for lots 1 and 2 at this time. There being no further questions or comments regarding this matter a motion was made by Michael Allen to issue an Order of Conditions for lots 1 & 2, with special conditions, seconded by Joe Furnari and approved. Public Hearing - Request for Determination of Applicability - US GEN New England Inc. - 24 Fort Avenue, Salem, MA. Kevin Cornacchio recused himself from discussion of this matter and Joe Furnari assumed the Chair. Jeff Brandt addressed the Commission and explained the application from US GEN New England for the determination of work related to the replacement within the same footprint of fifteen existing broken fender pilings located along the west side of the Salem Harbor Station Coal Wharf. He noted that they intend to replace all fifteen pilings and properly dispose of the materials that are removed. He also noted that they would be doing the work from a barge and hope to accomplish this work this • spring. 2 • Joe Furnari opened the hearing up for public comment at this time. There was no one present who wished to comment on this matter. Don Cefalo questioned the life cycle of new timbers. Mr. Brandt stated that the ones that are being replaced were installed 10-12 years ago. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. Michael Allen moved to issue a Negative 2 Determination for US GEN New England, seconded by Abby Burns and approved. Old / New Business Abby Burns reported that she received a call about digging and the stockpiling of materials on Fort Avenue. Kevin Cornacchio noted that the Bentley School is digging out the playground and he will check on that. Abby Burns also noted that there have been changes to the MEPA Regulations and the Commission should be made aware of them. The Pearl Street incident was discussed by the Commission. Don Cefalo noted that the wall in question was out of the jurisdiction of the Commission and Denise McClure took the lead on that. • There being no further matter to come before the Conservation Commission this evening a motion was made by Joe Furnari to adjourn the meeting, seconded by Michael Allen and approved. The meeting was adjourned at 7:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem conservation Commission CC040804 • 3 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, April 22, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Meeting Minutes—April 8, 2004 2. Continuation Public Hearing—Abbreviated Notice of Intent- Tedesco Pond Association c/o Dr. Charles Louden—Trustee, 70 Atlantic Avenue, Marblehead, MA 01945. The purpose of this hearing is to discuss the implementation of an aquatic management program to control • nuisance aquatic vegetation and algae at Tedesco Pond. 3. Public Hearing—Notice of Intent- City of Salem, Parks and Recreation Department, 31 Grove Street, P.O. Box 465, 970. The purpose of the hearing is to discuss the repair and rehabilitation of the existing granite stone seawall, including installation of a new concrete cap, weepholes, and sub-drain system at the Salem Willows Park. 4. Public Hearing—Notice of Intent- Jeanette McLaughlin, 17 Hemenway Road, Salem, MA 01970. The purpose of the hearing is to discuss the reconstruction of an existing seawall within the same footprint using pre-cast concrete blocks and the installation of a 32 foot long gangway with a 10 foot x 20 foot floating timber dock at 17 Hemenway Road. 5. Old/New Business �1 • Salem Conservation Commission Minutes of Meeting Thursday, April 22, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, April22, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Comacchio, Joseph Fumari, David Pabich Abby Bums, Michael Allen,. Also present were Conservation Administrator Don Cefalo and Eileen Sacco, Clerk. Members Absent: Michael Blier Approval of Minutes The minutes of the Conservation Commission meeting held on April 8, 2004 were presented for approval. Michael Allen moved approval as amended, seconded by Joe Fumari and approved. Continuation of Public Hearing - Abbreviated Notice of Intent - Tedesco Pond Association - Implementation of an Aquatic Management Program Kevin Comacchio read a letter from Mr. Clancy requesting that the matter be continued to May 13, 2004. Abby Bums made a motion to continue the public • hearing to May 13, 2004, seconded by Michael Allen and approved. Public Hearing Notice of Intent - City Of Salem Parks and Recreation Department - 31 Grove Street, Salem. MA. - Repair and Maintenance of Existing Granite Stone Seawall at Salem Willows Park Christine Player of Vine Associates addressed the Commission on behalf of the Salem Parks and Recreation Department. She explained that the Notice of Intent is for the repair and maintenance of an existing granite stone sea wall, including the installation of a new concrete cap, weep holes, and sub drain system at the Salem Willows Park. She explained the plans and noted that the problems exist due to large sink holes and ruts in the sea wall. She explained that there will be two components to the project which are the rebuilding of a section of the sea wall that has large voids and mortar loss and the repair and excavation of the top of the wall. She explained that the will install the weep holes and a filter fabric and finish it off with a one foot thick concrete cap. She further noted that the work will all be done within the existing footprint. Abby Bums stated that the project looks good. Kevin Comacchio suggested that a splash base should be installed. David Pabich noted that if wave action is not a problem then it might not be necessary. Kevin Comacchio asked when they would be going out to bid for the project. Ms. Player explained that they hope to go out to bid in the fall. She also explained that • the work would be done from the land side of the wall. f� • David Pabich asked if the benches involved in the project are the new ones installed last summer. Ms. Player explained that the new benches are further up in the park. Kevin Comacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding the matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Bums and approved. David Pabich moved to issue an Order of Conditions for the repair and maintenance of the sea wall at the Salem Willows Park, seconded by Joe Fumari and approved. Kevin Comacchio suggested that a condition be included that a spill kit be on site and available to the contractor in the event of a spill. It was also suggested that no fueling of equipment shall take place on site and construction vehicles shall be removed from the site daily. David Pabich moved approval, seconded by Michael Allen and approved. Public Hearing - Notice of Intent - Heanette McLAughlin, 17 Hemenway Road. Salem, MA. - Reconstruction of Exisitng Sea Wall Phil Pelletier of Northshore Marine addressed the Commission and explained the plans for the reconstruction of an existing sea wall within the same footprint using pre-cast concrete blocks and the installation of a 32 foot long gangway with a 10 foot • by 20 foot timber dock at 17 Hemenway Road. Mr. Pelletier showed photos of the property to the Commission and explained that there is no access to the back yard by land. He noted that the equipment and supplies will be brought in by barge and estimated that it will take two weeks to complete the job. Kevin Comacchio asked if they considered doing the job in sections. Mr. Pelletier stated that they were planning to do the job all at once but he could take a look at that. Kevin Comacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. David Pabich noted that regulations call for the float to be elevated from the mud. Mr. Pelletier stated that he has not done that in Salem recently but will check the regulations. Don Cefalo noted that a DEP file number has not yet been issued for the project and the Commission should have that before issuing an Order of Conditions. Mr. Pelletier stated that he would contact his client and have her contact DEP to get the number. There being no further questions or comments regarding this matter a motion was made by Michael Allen to continue the public hearing to May 13, 2004, seconded by Abby Bums and approved. • 2 r, • Old New Business Kevin Comacchio noted that this Don Cefalo's last meeting with the Commission and thanked him for his service to the Commission. There being no further business to come before the Commission at this meeting, a motion was made by Joe Fumari to adjourn the meeting, seconded by David Pabich and approved. The meeting was adjourned at 7:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC042204 • • 3 CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, May 13, 2004 at 6:00 a.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—April 22, 2004 2. Continuation of Public Hearing- Abbreviated Notice of Resource Area Delineation - Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of the hearing is for a determination of a delineated wetland boundary line, approximately 5500 linear feet in length along Marlborough Road. 3. Continuation of Public Hearing—Abbreviated Notice of Intent- Tedesco Pond Association c/o Dr. • Charles Louden—Trustee, 70 Atlantic Avenue, Marblehead, MA 01945. The purpose of this hearing is to discuss the implementation of an aquatic management program to control nuisance aquatic vegetation and algae at Tedesco Pond. 4. Continuation of Public Hearing—Notice of Intent- Jeanette McLaughlin, 17 Hemenway Road, Salem, MA 01970. The purpose of the hearing is to discuss the reconstruction of an existing seawall within the same footprint using pre-cast concrete blocks and the installation of a 32 foot long gangway with a 10 foot x 20 foot floating timber dock at 17 Hemenway Road. 5. Continuation of Public Hearing—Notice of Intent—Riverview Realty Trust, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. 6. Continuation of Public Hearing—Notice of Intent—Riverview Realty Trust, 208 Derby Street, Salem MA. The purpose of the hearing is to discuss the construction of six duplex dwellings with associated roadwork, grading, utilities, landscaping, and stormwater facilities within the property located at 24 Saunders Street. 7. Public Hearing—Request for Determination of Applicability—Jermyn Realty Trust, 1 Outlook Ave, Salem, MA. The purpose of the hearing is for a determination of work related to the construction of a retaining wall and site grading within the Buffer Zone at 5 Outlook Ave. Old/New Business 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 ♦ TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, May 13, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, May 13, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Michael Blier, David Pabich, Michael Allen,. Also present were Conservation Administrator Frank Taormina, and Eileen Sacco, Clerk. Members Absent: Abby Burns, Joseph Furnari Approval of Minutes The minutes of the Conservation Commission meeting held on April 22, 2004 were presented for approval. Michael Allen moved approval as amended, seconded by David Pabich and approved. Continuation of Public Hearing - Notice of Intent - Riverview Realty Trust - Julianna Tache - 24 Saunders Street Kevin Cornacchio read a letter from the applicant requesting that the matter be continued to June 24, 2004. Michael Allen moved approval, seconded by Michael • Blier and approved. Continuation of Public Hearing - Notice of Intent - Riverview Realty Trust - Julianna Tache - 24 Saunders Street - Work related to remediation and clean up of of Contaminated soil Kevin Cornacchio read a letter from the applicant requesting that the matter be continued to June 24, 2004. Michael Allen moved approval, seconded by Michael Blier and approved. Continuation of Public Hearing - Abbreviated Notice of Resource Area Delineation - Osborne Hills Realty Trust - Determination of a delineated wetland boundary line along Marlborough Road. Chris Mello addressed the Commission on behalf of the applicant and explained that they have met with the consultant retained by the Commission and have agreed to the boundary lines. He also noted that he has made the appropriate changes to the plans and filed revisions with the Commission. Michael Allen asked if the Conservation Commission should do a site visit. Mr. Cornacchio stated that all this application does is establish the wetland boundaries and when they file plans to develop the site the Commission will visit at that time. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. • l • There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Michael Blier and approved. David Pabich moved to approve the Abbreviated Notice of Resource Area Delineation for Osborne Hills Realty Trust, seconded by Michael Allen and approved. Continuation of Public Hearing - Abbreviated Notice of Intent - Tedesco Pond Association - Implementation of an Aquatic Management Plan to Control Nuisance Aquatic Vegetation and Algae Dominic Morello addressed the Commission and explained that they have been in contact with the Marblehead Water and Sewer Commission regarding their interest in this project. He noted that the Marblehead Water Commission sent a letter offering the following comments on the project: 1. The application does not address the source of the turbidity and nutrient loading. The pond receives point source inflow from at least two drainage out falls at its south west end. The application notes that this is the area where aquatic growth is the most prevalent. Consideration should be given to reducing the turbidity and nutrients entering the pond through improved storm water treatment. Consideration should also be included in the development of the lawn care plan for the adjacent condominiums. 2. The physical removal of the aquatic growth through mechanical harvesting • provides the most protection for your water supply. This method removes the plants from the water column to reduce water quality impacts from the decaying plant growth. Mechanical harvesting also reduces the need to add chemicals to the surface water. This board requests that mechanical harvesting and physical plant removal be specified as the preferred method of aquatic growth management. 3. Should chemicals be considered for use in the approved management plan, preference should be given to the use of copper sulfate and alum. These chemicals are occasionally used, in a controlled manner, in the treatment of algae and turbidity within public surface water supplies. The application of the chemicals should be made in conformance with the applicable American Water Works Association (AWWA) standards of practice. 4. The Tedesco Pond drains through a large culvert at its north eastern end. Should chemical addition to the pond be contemplated, consideration should be given to blocking this outlet. The placement of a temporary flash board across the bottom of the culvert would prevent flow from leaving the pond. This would make for more efficient use of the chemical and limit transfer to the lower pond. The flash board should remain in place for a sufficient time to allow the chemicals and decaying growth to settle to the pond bottom. The flash board could be placed to allow overflow should a major storm event take place during the treatment process. The timing of the treatment should be coordinated with an appropriate weather forecast. . Mr. Morello stated that they would agree to a water quality sampling event. 2 • Kevin Cornacchio questioned if they would detect fertilizer from the abutting condominiums to see if it was a factor contributing to the problem. Mr. Morello stated that the shoreline of the pond has a buffer and the lawns are well manicured near the road and he didn't see any evidence of fertilizer up to the pond. Mr. Morello stated that physical removal of the aquatic growth is an option but noted that access to the pond is poor. He also noted that mechanical removal such as hydro raking would be a costly undertaking. Michael Allen suggested the use of cheese cloth. Mr. Morello explained that it would be a labor intensive process. David Pabich noted that the water meal is an issue and stated that it would make more sense removing it and the water lilies. He also noted that the existence of the water meal has not been a problem until the last two or three years and suggested that other steps could be taken up stream. Mr. Morello stated that they are not totally against raking the growth. He also noted that herbicides are effective and while the raking is more costly he did not mean to imply it was impossible. Mr. Morello stated that he looked at the site this evening and they could install flash board or sand bags during the application of the herbicides. Kevin Cornacchio asked how long the flash board or the sand bags would be in place. • Mr. Morello stated that they would be there for a good part of the summer and they would like to do the application as close to May as possible. Mr. Morello noted that they would like to keep the process moving and they are aware of the need to cooperate with the Town of Marblehead. He suggested that if the Commission would give their approval with a condition that they get approval from the Marblehead Water and Sewer Commission that would be a help. Mr. Morello stated that Sonar is allowed in active drinking water reservoirs up to 20 parts per gallon. Kevin Cornacchio opened the hearing up for public comment at this time. Dana Snow, Superintendent of the Marblehead Water and Sewer Commission addressed the Commission and explained the history of the Marblehead water supply. He noted that he would like to see nutrient loading addressed in this application. He also noted that a previous Order of Conditions issued to the City of Salem made them responsible for the water quality. He also noted that the Beverly/Salem Water Board required water quality testing. Mr. Snow also noted that they are not willing to accept 90 parts per gallon of Sonar but would accept 20 for drinking water, noting it is the limit for active drinking water supplies. He further noted that they would like to review the program with the consultant. Mr. Morello noted that the water supply in question is not an active drinking water • source, it is rather a potential water source. 3 • Kevin Cornacchio noted that the next step for the applicant would be to obtain the approval of the Marblehead Water and Sewer Commission. Michael Allen agreed and noted that the Marblehead Water and Sewer Commission should have a lot of say in this matter. He also noted that this is a time sensitive matter. David Pabich stated that in fairness to the Town of Marblehead they should be consulted. Mr. Snow stated that he would make it a priority with his Commission. Kevin Cornacchio stated that he would like to see some hydro raking next year if more measures are needed in the Aquatic Control Plan. Michael Blier stated that he would like to see more information about the source of the aquatic growth as well as water quality testing. Barry Ziton addressed the Commission and asked how often the pond has been used as a water source. Mr. Snow stated that the last time it was used as a water source was in 1957. Peggy Louden addressed the Commission and stated that the members of the Condominium Association realize that they have to maintain the pond and they would like to implement a monitoring and maintenance plan. She also noted that • she is upset to find out now that they should have gone to the Marblehead Water and Sewer Commission now when they could have done this from the beginning. David Pabich stated that the owness should have been on their consultant to look at the entire area and advise them on who to consult in the process. Kevin Cornacchio asked if they had talked to the landscaper. Mrs. Louden stated that they did and he did not feel that anything they were using would contribute to this problem. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by David Pabich and approved. David Pabich moved to issue an Order of Conditions for the Aquatic Management Program for Tedesco Pond, pending approval of the Marblehead Water and Sewer Commission with special conditions, seconded by Michael Blier and approved. Special Conditions: Approval of the Marblehead Water and Sewer Commission on parts per billion ratio of the Sonar application. Findings of Water Quality Testing shall be forwarded to the Salem Conservation Commission. • 4 • Continuation of Public Hearing - Notice of Intent - Jeanette McLaughlin - 17 Hemenway Road - Reconstruction of Existing Seawall Mrs. McLaughlin addressed the Commission and noted that she has received a file number from DEP. She also noted that the Chapter 91 License is in process. Kevin Cornacchio noted that at the last meeting Phil Pelletier reviewed the plans for the construction of the seawall and installation of the 32 foot gang way. He stated that he would like the contractor to remove the existing seawall and re-build it in sections. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Michael Allen and approved. Michael Allen moved to issue a standard Order of Conditions for the reconstruction of an existing seawall and installation of gang way at 17 Hemenway Road, seconded by David Pabich and approved. Special Conditions: That the existing seawall be removed and re-built in sections. • That a spill kit be on board the barge. Public Hearing - Request for Determination of Applicability - Jermyn Realty Trust - 1 Outlook Avenue - Salem. MA. - Determination of work related to the construction of a retaining wall and site grading within the buffer zone at 5 Outlook Avenue Bob Griffin addressed the Commission and explained the plans. He noted that a portion of the site is in the buffer zone, but noted that the house and the associated work are beyond the 100 foot buffer zone. He estimated that the closest point of the retaining wall is 88 feet and the hay bales will be installed at 75 feet. Kevin Cornacchio stated that the plan is straight forward. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Michael Allen and approved. Michael Allen moved to issue a Negative Determination 3 for 5 Outlook Avenue, seconded by David Pabich and approved. • 5 • Old / New Business Frank Taormina informed the Commission that the Maritime NE Pipeline has filed for testing regarding the relocation of moorings and the Pickering Wharf Hotel has submitted an amended Chapter 91 License. There being no further business to come before the Commission at this meeting, a motion was made by Michael Allen to adjourn the meeting, seconded by David Pabich and approved. The meeting was adjourned at 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC051304 Approved by the Salem Conservation Commission on May 27, 2004 • 6 CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, May 27, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—May 13, 2004 2. Public Hearing- Request to Amend an Order of Conditions—Amy M. Meimetas, 123%2 Boston Street, Salem, MA. The purpose of this hearing is to discuss amendments to a previously approved Order of Conditions (DEP #64-321) by adding earth and fill to stabilize an existing slope at 30 Cloverdale Avenue. • 3. Public Hearing—Request to Amend an Order of Conditions—Norman Dube, 117 Judge Road, Lynn, MA 01904. The purpose of this hearing is to discuss amendments to a previously approved Order of Conditions (DEP #64-152) the construction of a building, access road, parking area, and related earthwork within a Buffer Zone to a Bordering Vegetated Wetland at 4 Technology Way. 4. Public Hearing—Notice of Intent—John Forristall, 137 Marlborough Road, Salem, MA. The purpose of this hearing is to discuss the installation of an in-ground pool outside a 50' No-Build Zone but within a Buffer Zone to a Bordering Vegetated Wetland at 137 Marlborough Road. 5. Public Hearing—Request for Determination of Applicability—Elizabeth Greene, 25 Research Drive, Westborough, MA 01582. The purpose of the hearing is for a determination of work related to installation of monitoring wells and environmental testing on Coastal Beach and Inter Tidal Flats in Collins Cove off of Pierce Ave., Waite St., & 51 Osgood St. 6. Public Hearing—Notice of Intent—Elizabeth Greene, 25 Research Drive, Westborough, MA 01582. The purpose of this hearing is to discuss the construction of a cap over contaminated soils, and associated grading and management, project also includes repaving of the driveway and expansion of the loading dock at 20 Pierce Avenue. 7. Public Hearing—Request for Determination of Applicability—City of Salem Cemetery & Shade Tree Department, 57 Ome Street, Salem, MA. The purpose of this hearing is for a • determination of work related to the aquatic management program conducted on Sargent Pond and the Fountain Ponds located on the grounds of the Greenlaw Cemetery. 8. Old/New Business 1'20 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, May 27, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, May 13, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joseph Furnari, Michael Blier, David Pabich, and Michael Allen. Also present were Conservation Administrator Frank Taormina, and Eileen Sacco, Clerk. Members Absent: Abby Burns, Approval of Minutes The minutes of the Conservation Commission meeting held on May 13, 2004 were presented for approval. Michael Allen moved approval as amended, seconded by Joe Furnari and approved. Public Hearing - Request to Amend an Order of Conditions - Norman Dube - Amendments to Order of Conditions (#64-152) - 4 Technology Way Attorney Steve Lovely addressed the Commission on behalf of his client Norman Dube and explained their request to amend an Order of Conditions issued for 4 • Technology Way. He explained that they are applying to amend the order for the construction of a building, access road, parking area and related earthwork within the buffer zone to a bordering vegetated wetland. Chuck Faia of Parsons and Faia addressed the Commission and explained the location and reviewed the locus map with the Commission. He stated that Mr. Dube is proposing to construct a 9,900 s.f. building which will house his paving business, Atlantic Paving, and is proposing to bring the driveway in on the left side of the building. He also noted that they plan to install a silt fence and hay bales during construction. He noted that an existing 30-inch pipe on the site will dump into a stone swale, and they are planning to install four 1200-gallon deep sump catch basins on the site. Mr. Faia also explained the drainage on the site. Kevin Cornacchio asked what area of the site they plan to use for snow storage, noting that he would recommend the upper left corner of the site to keep it out of the buffer zone. He also commended the applicant on the installation of the deep sump catch basins on the site. David Pabich stated that he is concerned about the amount of impervious surface that will result from the project. He stated that they will have a significant amount of concentrated flow that the wetland has not seen before. Kevin Cornacchio asked if the area was flagged. Mr. Faia stated that the area is not flagged at this time. • Kevin Cornacchio asked if they planned to store their construction vehicles on the site. Atty. Lovely stated that they are required by zoning to store construction vehicles inside. Kevin Cornacchio asked if they would have internal floor drains in I • the building. Mr. Faia stated that the interior drains are required legally to be connected to the sewer. Michael Blier asked if they anticipate any blasting on the site. Mr. Faia stated that is hard to tell at this time, noting that he saw a couple of areas of ledge, which are noted on the plan. Kevin Cornacchio opened the hearing up for public comment at this time. Dennis Colbert of 37 Clark Street addressed the Commission and expressed his concern about blasting and asked if a pre-blast survey would be done. Kevin Cornacchio explained that the fire department has strict guidelines for blasting and pre-blast surveys are required within a certain distance of the site. Mr. Colbert also asked if they would be allowed to use salt on the property. Kevin Cornacchio explained that the Commission has conditions, which are issued, and the use of salt is prohibited. Tim Doggett representing Thermal Circuits addressed the Commission and stated that they would like time to review the plans so they can make a comment and asked that the Commission continue the matter so that they can see if this will impact their property. David Pabich stated that he would like to look into whether there is an exemption from the current stormwater regulations or whether they will need to put together a storm water management plan. • Kevin Cornacchio suggested that the Commission continue the matter and schedule a site visit. He also requested that the area be flagged before the site visit. Mr. Faia stated that he would stake the area and let Frank Taormina know when that is done. There being no further questions or comments regarding this matter a motion was made by Michael Allen to continue the Public Hearing to June 10, 2004, seconded by David Pabich and approved. Public Hearing - Notice of Intent - John Forristall - 137 Marlborough Road - Installation of In Ground Pool Mr. Forristall addressed the Commission and explained his plans to construct an in ground pool at 137 Marlborough Road outside of a no cut no build zone but within a buffer zone to a bordering vegetated wetland. He stated that the pool would be 24 X 22. He also noted that he is not altering the grade of the property and all excavated materials would be removed from the site. Kevin Cornacchio stated that he is concerned about the draining of the pool particularly after heavy rains, noting the chemicals used in the pool. Mr. Forristall stated that the construction equipment would be stored in the driveway and all work will take place from the driveway. The consultant who is building the pool stated that they use special filters so there • would be no back wash from draining the pool. 2 • David Pabich stated that he feels that there is insufficient information in the application. He stated that there are limited elevations and he is concerned that the splash from the pool will head straight down to Strong Water Brook. Joe Furnari asked if the are planning to build a deck around the pool. Mr. Forristall stated that he is planning a 3-foot deck. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this matter. Kevin Cornacchio suggested continuing the matter to the next meeting and the Commission scheduled a site visit. Michael Allen moved to continue the Public Hearing to June 10, 2004, seconded by Michael Blier and approved. Public Hearing - Request for Determination of Applicability - Massachusetts Electric Company - Work Related to the Installation of Monitoring Wells and Environmental Testing off Pierce Avenue. Waite Street and 51 Osgood Street Ken Lento the Project Manager for Massachusetts Electric addressed the Commission and explained that they have been doing investigating and remediation on the site since 1988 and reviewed some of the findings they have made. He also noted the areas that have been remediated on the site and noted that the proposed work is in response to the release of hazardous material and qualifies for a limited project • exemption. Mr. Lento explained the process they would use for the testing. He stated that they will bull doze the sediment and would be sampling points along the tow of the beach. He also noted that they would be evaluating the samples, and further noted that the beach is covered with miscellaneous debris and from the plant and they would be cleaning that up. Kevin Cornacchio noted that a boom was in place for the churning of the sediment and asked if T Ford would be the contractor for the project. Mr. Lento explained that they are going to take small test patches to see if it is feasible to do and will be back when they decide the best way to do it. Mr. Lento noted that they will be reducing the contamination on the beach and there will be a substantial decrease in what goes out to the beach. He also noted that they would be testing the water quality on the site. . Kevin Cornacchio opened the hearing up for public comment at this time. Abby Winston of Warner Street addressed the Commission and expressed her concern that she has seen algae in the area for the first time. Kevin Cornacchio noted that it is good for the environment and that means that things are growing out there. He noted that the algae can get invasive but for this project that would be a • good sign. 3 • There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Joe Furnari and approved. Michael Allen moved to issue a Negative Determination 3 for Massachusetts Electric Company - Work Related to the Installation of Monitoring Wells and Environmental Testing off Pierce Avenue, Waite Street, and 51 Osgood Street, seconded by Joe Furnari and approved. Public Hearing - Notice of Intent - Massachusetts Electric - Construction of a Cao over contaminated soils and associated grading and management including the repaving of the driveway and expansion of the loading dock at 20 Pierce Avenue Ken Fields of BSE Group addressed the Commission and explained that they are proposing to cap portions of the site to meet the requirements of the Massachusetts Contingency Plan. The improvements include the placement of a cap over portions of the contaminated areas on the site to restrict the infiltration of stormwater into the contaminated soils, grading, and an upgrade to the stormwater management system for the site, loading dock expansion and repaving the driveway. The land is subject to coastal storm flowage. Mr. Fields explained that they found four catch basins were leaching pits and were cleaned out and found to be inadequate. Mr. Field also explained that there is an unused gas pipeline on the site, owned by • Keyspan and showed revised plans, which show the reuse of that line. He explained that since they are capping the site Keyspan wants to improve their system. He reviewed the revised plans. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the project. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by Michael Blier and approved. Michael Allen moved to issue an Order of Conditions to Massachusetts Electric for the Construction of a Cap over contaminated soils and associated grading and management, including the repaving of the driveway and expansion of the loading dock at 20 Pierce Avenue, seconded by Joe Furnari and approved. Public Hearing - Request to Amend Order of Conditions - Amy Meimetas - 30 Cloverdale Avenue - Addition of Earth and Fill to Stabilize Existing Slope Mr. Meimetas addressed the Commission and explained the history of his project. He explained that the Planning Department asked him to hire an engineer to determine if the wall on his property was safe. He stated that the engineer recommended that he change the slope from 1-1 to 2-1 and add loam and fill and seed the area. David Pabich reviewed the original Order of Conditions and noted that the Order • expired in March of 2004 so the Commission has no authority to amend it. Kevin Cornacchio explained the process to Mr. Meimetas. David Pabich also stated that he would no recommend this approach recommended by the engineer to solve the 4 • problems of the slope. Mr. Meimetas stated that his engineer was not concerned that the wall was going to fail. There being no further questions or comments regarding this matter a motion was made by Michael Allen to deny the request to amend the order of conditions for 64- 321 since the original Order of Conditions has expired, seconded by David Pabich and approved. Old/New Business Frank Taormina noted that the Commission has received invitations to the Ribbon Cutting Ceremony for the new dorms at Salem State College. There being no further business to come before the Commission at this meeting, a motion was made by Michael Allen to adjourn the meeting, seconded by David Pabich and approved. The meeting was adjourned at 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC052704 • • 5 c; HLErti, MA CITY OF SALEM CLERKS OFFICE CONSERVATION COMMISSION 2004 JUN -1 P 12� 55 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, June 10, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. evin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—May 27, 2004 2. Public Hearing — Request for Determination of Applicability — City of Salem Cemetery & Shade Tree Dept., 57 Ome Street, Salem, MA. The purpose of this hearing is for a determination • of work related to the aquatic management program conducted on Sargent Pond and the Fountain Ponds located on the grounds of the Greenlaw Cemetery. 3. Continuation of Public Hearing— Notice of Intent— DEP File #64-369 - John Forristall, 137 Marlborough Road, Salem,MA. The purpose of this hearing is to discuss the installation of an in- ground pool within a Buffer Zone to a Bordering Vegetated Wetland at 137 Marlborough Road. 4. Continuation of Public Hearing—Request to Amend an Order of Conditions—Norman Dube, 117 Judge Road, Lynn, MA 01904. The purpose of this hearing is to discuss amendments to a previously approved-Order Of Conditions (DEP # 64-152) the construction of a building, access road,parking area, and related earthwork within a Buffer Zone to a Bordering Vegetated Wetland at 4 Technology Way. 5. Continuation of Public Hearing—Notice of Intent—DEP File#64-329—Glover Estates,LLC, 121 Loring Ave, Salem, MA. The purpose of the hearing is to discuss the remediation of lead contaminated soil and sediment located on site (including the waterfront beach area), associated with the development and construction of a 55 unit assistant living center at 485 Lafayette Street (former Chadwick Lead Mills). 6. Old/New Business Thls rtottoe posted on "Otticial Bulletin Boar!• at WellAve., Sin a Ot-d z.1 wrtfi Chatp. 39 aW 23A it 238 of MG.L•- 120 WASHINGTON STREET. SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM Salem Conservation Commission • Minutes of Meeting Thursday, lune 10, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, June 10, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Abby Burns, Joseph Furnari, Michael Blier, David Pabich, and Michael Allen. Also present were Conservation Administrator Frank Taormina, and Eileen Sacco, Clerk. Approval of Minutes The minutes of the Conservation Commission meeting held on May 27, 2004 were presented for approval. Michael Allen moved approval, seconded by Joe Furnari and approved. Comments From Councillor Bencal Ward Six Councillor Mike Bencal addressed the Conservation Commission and updated them on recent talks he has had with Guilford Rail to resolve the issues of the storage of cars on the tracks in Salem. He expressed his concern about the company's response to the concerns of the city. He showed the Commission photo's of the site and noted that he will be introducing an order to the City Council to have the Conservation Commission investigate the dumping of waste along the North • River canal. He noted that Guilford has a long history of dumping waste all over the city. Frank Taourmina addressed the Commission and reported that he has been to the site and has drafted a letter, which has been approved by Denise McClure to be sent to Guilford. He noted that the City of Peabody has issued an enforcement order to Guilford and also stated that the maintenance work that they are doing is exempt from local review so the tone of the letter is appropriate. Councillor Bencal stated that they are not exempt from the clean water act and they have been disregarding that. Public Hearing - Request for Determination of Applicability - City of Salem Cemetery & Shade Tree Department Rick Rennard addressed the Commission and explained that they are requesting an RDA for the Aquatic Management Program for Sargent Pond and the Fountain Pond in Greenlawn Cemetery. He explained that it is the same procedure that they have used for the last ten years and the license expired. He explained that they have installed irrigators in both ponds and the algae are less than what it used to be. Abby Burns stated that she has not noticed any algae and questioned the need to continue the treatment of the ponds and suggested that they try it for one summer without it. Rick Rennard explained that there are patches of water meal that appear in mid June and becomes odoriferous and he would like to keep up with it so it won't • be a bigger problem in the future. 1 Kevin Cornacchio opened the hearing up for public comment at this time. There was • no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. Joe Furnari moved to issue a Negative Determination 3 for the Aquatic Management Program for Greenlawn Cemetery, seconded by Abby Burns and approved. Continuation of Public Hearing - Notice of Intent - John Forristall - 137 Marlborough Road - Installation of In Ground Pool Kevin Cornacchio addressed the Commission and stated that he took a look at the site, as did Michael Allen. Mr. Allen noted that the lawn is right up to Strong Water Brook's edge. He also noted that he saw grass clippings in the resource area. Mr. Forristall stated that he removed some wood from the area and noted that it was bad a year ago. The Commission reviewed the plans for the proposed pool. Kevin Cornacchio asked of they would be installing a fence around the pool. Mr. Forristall stated that he is putting up a four-foot fence. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. • David Pabich asked if there would be any flushing or draining of the pool. Mr. Forristall stated that if there is it would be directed to the storm drain. He also explained the system for the chlorine is an auto feed sodium hypochloride and is safe for the lawn. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. Joe Furnari moved to issue a standard Order of Conditions for 137 Marlborough Road with the Special Condition that there shall be no storage of chemical for the pool in the resource area, seconded by David Pabich and approved. Continuation of Public Hearing - Request to Amend Order of Conditions - Norman Dube - Atlantic Paving Kevin Cornacchio read a letter from Attorney Steve Lovely requesting that the matter be continued to June 26, 2004. David Pabich moved approval, seconded by Mr. Allen and approved. Old/New Business Frank Taormina informed the Commission that the Bridge Street Bypass Plans are at 100% Design Submission and are available for the commission members to view and for public viewing. He also added that Mass Highway would hold a groundbreaking ceremony sometime in July. 2 �• Frank Taormina informed the Commission that the Tedesco Pond Association has met with the Marblehead Water and Sewer Commission and reached an agreement about the treatment for the Aquatic Management program for Tedesco Pond. There being no further business to come before the Commission at this meeting, a motion was made by Michael Allen to adjourn the meeting, seconded by David Pabich and approved. The meeting was adjourned at 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC061004 • • 3 CITY OF SALEM CICLERK S OPPICE A 1 CONSERVATION COMMISSION .2004 JUN 21 P I: OR Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, June 24, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. PC • e in PIC macchio, Chairman Tentative Agenda: 1. Meeting Minutes—June 10, 2004 2. Public Hearing—Notice of Intent—Richard Dupre,New England Power Co.,25 Research Drive, Westborough,Ma 01582. The purpose of this hearing is to discuss the replacement of two electric • transmission line structures within a resource area and the Buffer Zone to that resource area along a NEPC right-of-way in Salem. 3. Continuation of Public Hearing—24 Saunders Street—DEP File#64-0359—Riverside Realty Trust, 208 Derby Street, Salem,MA. The purpose of this hearing is to discuss the remediation of contaminated soils located at 24 Saunders Street. 4. Continuation of Public Hearing—24 Saunders Street—DEP File#64-0355—Riverside Realty Trust,208 Derby Street, Salem,MA. The purpose of this hearing is to discuss the construction of six duplex dwellings, grading, utilities, landscaping, and stormwater management facilities at 24 Saunders Street. 5. Continuation of Public Hearing—Request to Amend an Order of Conditions—NormanDube, 117 Judge Road, Lynn, MA 01904. The purpose of this hearing is to discuss amendments to a previously approved Order Of Conditions(DEP#64-152),construction of a building,access road, parking area, and related earthwork within a Buffer Zone at 4 Technology Way. 6. Public Hearing—Notice of Intent—Andrew Dacy, 18 Parlee Street, Salem,MA. The purpose of this hearing is to discuss the construction of a retaining wall-within a Buffer Zone to a Bordering Vegetated Wetland at 18 Parlee Street. 7. Public Hearing—Request for a Determination of Applicability—ArchstoneSmith, 186Lincoln • Street, Suite 900, Boston MA 02111. The purpose of this hearing is for a determination of work related to the construction of a 900 sq. ft. clubhouse addition and the relocation of the adjacent parking lot, both within a Buffer Zone to a Bordering Vegetated Wetland at Vinnin Square. 8. Public Hearing—Notice of Intent—Amy Newton Meimeteas, 123%2 Boston Street, Salem, Ma. The purpose of this hearing is to discuss the completion of a riprap wall for a single family dwelling within a Buffer Zone to a Bordering Vegetated Wetland at 30 Cloverdale Avenue. 120 WASHINGTON STREET. SALEM. \MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 0 %VWW.SALE%1.00\I CITYOF SAL M. MA CLERK'S OFFICE �G .1004 JUN 21 P I: 08 9. Request to Amend an Order of Conditions — Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss amendments to a previously approved Order of Conditions(DEP File#64-3'62&DEP File#64-363)the elimination of a shared detention system for 119 & 117 Marlborough Road. 10. Public Hearing—Notice of Intent- Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the construction of a single-family dwelling and driveway in a Buffer Zone to a Bordering Vegetated Wetland at 71 Marlborough Road (lot#6). 11. Public Hearing—Notice of Intent—Stephan Lovely, 14 Story Street,Salem,MA. The purpose of this hearing is to discuss the construction of a retaining wall, fence, and landscaping within a Buffer Zone to a Bordering Vegetated Wetland at 14 Story Street. 12. Old/New Business • •?Ala nodes potted on 90fflclal Bullettn Boar' City Hull Ave., Salem, Mass. on JUN 21 2004 at I '06Pliq in accordance with Chap. 39 Sec. 23A & 238 of M.G.L. • Salem Conservation Commission Minutes of Meeting Thursday, June 24, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, June 26, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Abby Burns, Joseph Furnari, Michael Blier, David Pabich, and Michael Allen. Also present were Conservation Administrator Frank Taormina, and Eileen Sacco, Clerk. Continuation of Public Hearing - 24 Saunders Street - DEP File # 64-0359 - Riverside Realty Trust Kevin Cornacchio read a letter from Atty. Jack Keilty requesting that this matter be continued to July 30, 2004. Joe Furnari moved approval, seconded by Mr. Allen and approved. Continuation of Public Hearing - 24 Saunders Street DEP File # 64-0355 - Riverside Realty Trust Kevin Cornacchio read a letter from Atty. Jack Keilty requesting that this matter be continued to July 30, 2004. Joe Furnari moved approval, seconded by Mr. Allen and approved. • Continuation of Public Hearing - Request to Amend Order of Conditions - DEP File #64-152 - Norman Dube Kevin Cornacchio read a letter from Atty. Steve Lovely requesting that the matter be continued to July 8, 2004. Mr. Allen moved to continue the matter to July 8, 2004, seconded by Abby Burns and approved. Public Hearing - Notice of Intent - New England Power Company - Replacement of Two Electric Transmission Line Structures within a Resource Area and Buffer Zone Mr. Richard Dupre addressed the Commission and explained the project. He stated that this is part of a larger project to refurbish the transmission lines in Salem. He stated that the structures that have been there were installed in the 1950's and they require a lot of work. The majority of the work falls under the maintenance exemption of the wetlands protection act and the Salem bylaws. He explained that this project would change an A frame structure to a three pole structure and they felt that there is a need to file in this case. He explained that the work would involve the installation of the new structures and removing the old in kind. He showed the Commission pictures of what the structures look like. He stated that this project would qualify as a limited project for maintenance repair of the transmission lines. He stated that this does require some alteration of wetlands since the poles are in a small wetlands area of the right of way and they would be accessing the right of way using the existing access roads. He also explained that they identified the wetland areas last year and have flagged the area and provided that information to the • engineers. He explained the process they would use. I i • Kevin Cornacchio noted that they would be replacing poles on pretty much every structure. Mr. Dupre explained that it would depend on the structure noting that there is a list of the work to be done. He further explained that the actual conductors are not being replaced it is the wires that are being replaced. Abby Burns asked to have the structures identified on the plans. Mr. Dupre explained the plans and the locations to the Commission. Kevin Cornacchio asked how many structures in Salem would be affected. Mr. Dupre stated that he thought about 20 structures would be involved in Salem. He noted that some of them are in the wetlands and some of them are in the buffer zone. He stated that they would be using best management practices as is the policy of New England Power explaining that if using the wetlands can be avoided by using available access at another location they will do that. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this matter. Kevin Cornacchio noted that it looks pretty straightforward but noted that the city has some concerns he referred to a letter from the Planning Department, expressing concerns about the project that they would like to have the Commission explore. He noted that they would like to see the structures, the work required and whether or not it is in the resource area or not. Kevin Cornacchio stated that he would like to continue the matter to July 8, 2004. • Mr. Allen moved to continue the public hearing to July 8, 2004, seconded by Abby Burns and approved. Public Hearing - Notice of Intent.- Andrew Dacy - 18 Parlee Street - Construction of Retaining Wall within a Buffer Zone Mr. Dacy addressed the Commission and explained his plans. He explained that he is proposing to construct a retaining wall in his back yard and explained the location on the plans. He stated that he wants to secure his backyard. He explained the process that he would use to access the backyard and construct the wall. Kevin Cornacchio noted that the map that Mr. Dacy submitted does not really show the buffer zone or the wetlands resource area. Mr. Dacy explained that the map shows the entire subdivision for Parlee Street and noted his location for the Commission. He explained that he is looking to go straight across 39 feet with his wall. Mr. Allen asked what the closest point was from the wall and the wetland. Mr. Dacy estimated that it would be about 25 feet away. He also noted that there is a no cut no disturb zone for the entire subdivision and he is not going anywhere near that. He explained the location and other areas of interest with the Commission. Kevin Cornacchio stated that he would like to have a site visit to the property. Mr. Dacy stated that he has photos of the area. Abby Burns agreed she would like to visit the site also. A site visit will be held on Monday, June 28, 2004 at 5:00 p.m. • Frank Taormina stated that he has not received a DEP file number for the project. Mr. Dacy explained that he sent the paperwork to DEP and they left him a message L • but she has not received a number as of yet. He stated that he would get back to them on that. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter at this time Joe Furnari moved to continue the public hearing to July 8, 2004, seconded by Mr. Allen and approved. Public Hearing - Reouest for Determination of ADDlicability - Archstone Smith - Construction of Clubhouse and Relocation of Parking Area within a Buffer Zone to a Border Vegetated Wetland at Vinnin Square There being no representative present from Archstone Smith the matter was tabled to later in the meeting. Public Hearing - Notice of Intent - Amy Newton Meimeteas - 30 Cloverdale Avenue - Completion of a Riprap Wall for a Single Family Dwelling within a Buffer Zone to a Bordering Vegetated Wetland Mr. Meimeteas addressed the Commission and explained his plans. He noted that the City Engineer was concerned about the stabilization of the wall. He explained that he has a 2-1 slope and there is a concern about the amount of fill that is needed. • He also stated that the engineer suggested a 1-1 slope and the city concern is the blow out of the corner of the house and they made changes to the plans to address that and have yet to be completed. He stated that the fill is on the lot next door. He also noted that he expressed the concern of the commission about the fill and he suggested that they finish the wall with stone. He explained the previous plans and the changes that he has made. Kevin Cornacchio stated that this is confusing. Mr. Meimeteas explained the plans and the changes that have been made. He referred to the original order of conditions. Mr. Allen noted that the Commission looked at the Order of Conditions and the corner of the house is closer to the wetlands than what was initially approved noting that it is about ten feet closer than what was approved. Frank Taormina addressed the Commission and explained that the original Order of Conditions expired and Mr. Meimeteas had to refile a new Notice of Intent and everything is on the table again. He further explained that what was approved previously expired and this is a whole new filing.,and the Commission can issue a new order of conditions. He stated that this gives the Commission another chance to look at this. David Pabich noted that there was work completed the first time and some not completed. • Mr. Allen expressed his concern that the original plans called for the location of the house and the plans were changed during construction. He noted that there is a 20- foot difference in the location of the approval for the wall. He also noted that 3 • Abby Burns agreed and asked why the plans were not followed. Mr. Meimeteas stated that the architect's plans were followed. He stated that he did not understand where the house lot was drawn. Mr. Allen stated that it was the whole point of getting the approval and the location of the house was noted on the plan. He explained the jurisdiction of the Commission and their role in the approving the location of the house in relation to the resource area, and he is significantly outside of the approved area. He also suggested that he did not know how the Commission could figure out how to solve that other than have him tear down half of the house. He further stressed that the Commission would not have allowed that size of a house to be built there. Kevin Cornacchio noted that Mr. Meimeteas is here because he needs some support for the house. Mr. Meimeteas stated that he is not here because he felt that he needed to do this, and explained that Denise McClure directed him to make some changes. He explained the events that led to him coming to the Commission. The Commission held a discussion on the process of the Commission and the events that have taken place on his project. Mr. Meimeteas stated that he consulted with an engineer. David Pabich addressed Mr. Meimeteas and expressed his concerns about the presentation of the plans and what is expected of the Commission. Mr. Meimeteas stated that the wall is almost finished and described the remaining work to be finished. • Abby Burns suggested that the Commission should consult with the City Solicitor. Mr. Allen expressed his frustration with the deviation from the approved plans. Mr. Meimeteas stated that he came into the Planning Department and did not understand the rules and relied on their advice. He stated that he spent $5,000-$7,000 for the clerk of the works and they did not inform him of the problems. Kevin Cornacchio stated that the Commission should visit the site. The Commission held a discussion on times to hold a site visit. The site visit will be held on Monday, June 28, 2004 at 4:00 p.m. Mr. Allen explained the Commissions concerns about the distance of the house to the wall and explained their role in the approval process. Kevin Cornacchio opened the hearing up for public comment at this time. Frank Taormina addressed the Commission and stated that he received a call from the Frank DiPaolo, the Building Inspector, regarding the dumping of debris in the resource area and requested that Mr. Meimeteas remove it prior to the site visit. There being no further questions or comments regarding this matter this evening a motion was made by Mr. Allen to continue the public hearing to July 8, 2004, seconded by Mr. Furnari and approved. • 7 • Public Hearing - Request for Determination of Applicability - Archstone Smith - Construction of Clubhouse and Relocation of Parking Area within a Buffer Zone to a Border Vegetated Wetland at 1 Carol Ann Way - Vinnin Square Richard Latini an engineer at Daylor Consulting addressed the Commission and explained the plans for the Determination of Applicability. He explained that they are proposing to construct a clubhouse and this is the northern most portion of the site. A majority of the site is in Swampscott. He explained that it is an addition to the clubhouse and the moving of the parking area 12 feet to the northeast. He stated it is a fairly simple addition and they are requesting a DOA. Mr. Latini also noted that the stormwater management for the area would improve with this project. Mr. Allen requested that Archstone Smith be invited to the next meeting. Mr. Allen asked if there was something there now. Mr. Latini explained the area where the addition is to be located. He also explained the parking area and the configuration of the spaces. He also noted that he wants to use bituminous berm. Kevin Cornacchio noted that in Salem we like to use granite curbing because if holds up better with snow plows. Mr. Latini explained that they were not proposing to do so, but if the Commission prefers granite, than he will change the plans to include granite curbing around the parking area. • Kevin Cornacchio asked where they plan to store snow on the site. Mr. Latini explained that that is not addressed on the plans, and he did not prepare for a snow location. Mr. Latini mentioned that he would identify a snow storing location on the revised plans. Abby Burns suggested the Commission hold a site visit. The Commission decided to hold a site visit at 5:30 p.m. on June 28, 2004. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter this evening a motion was made by Mr. Allen to continue the public hearing to July 8, 2004, seconded by Mr. Furnari and approved. Request to Amend Order of Conditions - Osborne Hills Realty Trust - Amendment to Order of Conditions DEP File # 64-362 and DEP File #64-363 - Elimination of Shared Detention System for 119-117 Marlborough Road Chris Mello of Eastern Land Survey addressed the Commission and explained that they are present to request a modification to the previously issued order of conditions for the subdivision, and noted that the Engineering Department had asked them to consider eliminating the stormwater management system for lots 1 and 2 and to make up that volume inside the subdivision. He noted that they would be filing the subdivision soon. He noted that they are filing the modification, which • eliminates that system. He further explained that they would be putting a recharge system on each lot. S • Kevin Cornacchio asked if the city proposed that they tie into the street drains in the meantime. Mr. Mello explained that the situation and stated that they are cooperating with the city on this. Mr. Mello explained the scenario with the Commission and noted that the Marlborough Road plans had been approved by the Commission long before they got involved up there. Kevin Cornacchio asked if there would be sheet flow on the site. Mr. Mello stated that it would be piped underground. Kevin Cornacchio asked if there would be a note on the deed noting that they had to be maintained. Mr. Mello stated that there would be a note on the plan. Mr. Mello stated that they have been working on issues regarding Strong Water Brook with Mr. Thibodeau and officials in Peabody. He stated that they are going to have their own storm water management system and are considering a system that would take the pressure off Storm Water Brook that would be a benefit to the community. Kevin Cornacchio opened the hearing up for Public Comment at this time. A resident of 64 Marlborough Road asked for clarification regarding the request. Mr. Mello explained the request. He noted that the roof runoff would not add to the problems in the area. He reported flooding problems during heavy rains last week at the site of the new homes being constructed. • There being no further questions or comments regarding this matter a motion was made by Mr. Allen to close the public hearing, seconded by Abby Burns and approved. There being no further questions or comments regarding this matter this evening a motion was made by Mr. Allen issue an order of conditions, seconded by David Pabich and approved. Public Hearing - Notice of Intent - Osborne Hills Realty Trust - Construction of a Single Family Dwelling and Driveway in the Buffer Zone to a Bordering Vegetated Wetland at 71 Marlborough Road Chris Mello of Eastern Land Survey addressed the Commission and explained the request for a Notice of Intent for the construction and of a single-family dwelling and driveway in the buffer zone to a bordering vegetated wetland at 71 Marlborough Road lot 6. He noted that lot 6 is adjacent to the two homes under construction on Marlborough Road. He stated that they propose to build a portion of the home and driveway in the buffer zone. He explained the plans and the location of the house and driveway. He stated that they consider the area a low-grade wetland. He stated that they are requesting to build down gradient from the wetland as it is actually above the property. He also noted that they would be replicating elsewhere on the site. Mr. Mello stated that they would be installing hay bales and a silt fence to protect the • property. He also stated that there would be no impact on the resource area. 6 • Mr. Allen asked if this parcel was one that was questioned by Mr. Manual. Mr. Mello explained that it was a question and they resolved it and the Commission approved that. Michael Blier stated that he was curious about the location of the hay bales and silt fencing. Mr. Mello stated that although the proposed project is down gradient to the wetlands, he would install hay bales and silt fencing as a barrier/limit of work delineation, so that the contractor will not perform work beyond that point. Joe Furnari asked about the stonewall that was mentioned last time. Mr. Mello noted that there is a stonewall on the National Grid property across from the entrance to the park. Kevin Cornacchio opened the hearing up for public comment at this time. A resident from 64 Marlborough Road addressed the Commission and stated that the Planning Department suggested that the driveways come out of the back of property instead of Marlborough Road. Mr. Mello stated that the Planning Board approved a Form A for this project. He also explained that the Planning Board approved a cluster subdivision that they are pursuing. Mr. Allen stated that he suggested the cluster subdivision to the Planning Board and it is better for the Conservation Commission as well. He also noted that they would • have significantly more open space with that plan. The resident from 64 Marlborough Road mentioned that homes in the area generally have problems with basements flooding and asked if it was due to groundwater issues. Joe Furnari requested that before the foundation is poured, the Conservation Agent be notified to take a look and make sure that no ground water was tapped. He suggested that the neighbor also contact the City if he sees something out there. Mr. Furnari also noted that Mr. Mello has been very cooperative with the Commission. There being no further questions or comments regarding this matter a motion was made by Mr. Allen to close the public hearing, seconded by Abby Burns and approved. Mr. Allen moved to issue an order of conditions for 71 Marlborough Road, seconded by David Pabich and approved. Public Hearing - Notice of Intent - 14 Story Street - Construction of a Retaining Wall Fence and Landscaping within a Buffer Zone to a Bordering Vegetated Wetland Chris Mello of Eastern Land Survey addressed the Commission on behalf of his client Steven Lovely and explained his plans to the Commission. He explained that the property is at the end of Story Street and noted the locations on the plans. He • stated that Mr. Lovely would like to construct a block wall that will allow him to level off the yard. He noted that they propose a silt fence six feet outside of the slope. Mr. Mello explained the location on the plans and reviewed the elevations. David Pabich asked how much material they plan to bring in. Mr. Mello estimated that they would need 200 yards of material. Mr. Mello explained the history of the property to the Commission. He explained that the house is quite old and Mr. Lovely constructed an addition on the other side of the property. Abby Burns asked what the closest point to the resource area would be. Mr. Mello explained the locations on the plans. He stated that most of the yard slopes down and they just want to make it level on the north side of the property. He noted that at the buffer line everything pitches back to Jefferson Ave. He also noted that there is currently a fence around the pool. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. Mr. Allen moved to close the public hearing, seconded by Abby Burns and approved. Joe Furnari moved to issue an Order of Conditions for 14 Story Street, seconded by David Pabich and approved. Old / New Business • Frank Taormina reported that he got a call from Massachusetts Electric regarding the repaving of the parking lot at the Ward II Social Club at 1 East Collins Street. The Ward II Social Club had paved a significant portion of land that was owned by Mass Electric. Also, because the property is located within a buffer to a coastal resource area and land subject to flooding, filing with the Conservation Commission prior to any such work was needed. He noted that the work is done and showed photos. He also explained that a letter was drafted and sent outlining the issues. He also mentioned that despite the damage done, the Ward II Social Club will be filing an NOI and will come before the Commission to discuss the matter. There being no further. business to come before the Conservation Commission this evening a motion was made by Mr. Furnari to adjourn the meeting, seconded by Abby Burns and approved. The meeting was adjourned at 8:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC062404 • CITY OF SALEM. MA CITY OF SALEM CLERK'S OFFICE fit CONSERVATION COMMISSION naa JUL -b P I- I I Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, July 8, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. 9" Cft";*%, Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes–June 10, 2004 & June 24, 2004 2. Continuation of Public Hearing–Notice of Intent–DEP FILE 964-373 -Richard Dupre, Ne%\ England Power Co.,25 Research Drive, Westborough,MA 01582. The purpose of this hearing is to discuss the replacement of two electric transmission line structures within a resource area and the Buffer Zone to that resource area along a NEPC right-of-way in Salem. • 3. Continuation of Public Hearing–Request to Amend an Order of Conditions–Norman Dube, g cyi 117 Judge Road, Lynn, MA 01904. The purpose of this hearing is to discuss amendments to a aqW previously approved Order Of Conditions(DEP#64-152),construction of a building,access road, 0�.CD parking area, and related earthwork within a Buffer Zone at 4 Technology Way. �.a 4. Continuation of Public Hearing-Notice of Intent-Andrew Dacy, 18 Parlee Street,Salem, MA. m + The purpose of this hearing is to discuss the construction of a retaining wall within a Buffer Zone 75 to a Bordering Vegetated Wetland at 18 Parlee Street. C c 5. Continuation of Public Hearing-Request for a Determination of Applicability-Archstone _Z v, Smith, 186 Lincoln Street, Suite 900, Boston MA 02111. The purpose of this hearing is for a determination of work related to the construction of a 900 sq. ft. clubhouse addition and the 02 CQ relocation of the adjacent parking lot,both within a Buffer Zone to a Bordering Vegetated Wetland e at Vinnin Square. o m J ,osq Continuation of Public Hearing - Notice of Intent - DEP FILE #64-374- Amy Newton CD U) 2 a Meimeteas, 123%2 Boston Street, Salem, MA. The purpose of this hearing is to discuss the CO O completion of a riprap wall for a single family dwelling within a Buffer Zone to a Bordering Le <C Vegetated Wetland at 30 Cloverdale Avenue. p- r` Public Hearing- Request for a Determination of Applicability- Palmer Cove Yacht Club, 74 C. Leavitt Street, Salem, MA. The purpose of this hearing is for a determination of work related to "_�' dc the construction of a 12' x 20' wood shed located within a Buffer Zone to a Coastal Resource Area 1L.fj R and land subject to 100-year flooding at 74 Leavitt Street. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 WW\1'.SA LEA1.C,iU CITY OF Si;LEM- MA CLERKS OFFICE Z004 JUL -b P I* I l 8. Public Hearing - Request for a Determination of Applicability - Dr. Barbara Poremba, 22 Sunset Road,Salem,M.A. The purpose of this hearing is for a determination of work related to the construction of a two story addition with a first floor exterior deck to an existing single family dwelling within a Riverfront Area and land subject to 100-year flooding at 22 Sunset Road. 9. Public Hearing - Request for a Determination of Applicability - First Massachusetts Land Company,LLC. Salem Harbor Station,24 Fort Avenue,Salem,MA.The purpose of this hearing is for a determination of work related to the installation of monitoring wells,test pits,and soil borings located within a Buffer Zone to a Coastal Resource Area,Land Under the Ocean,and Land Subject to 100-year Flooding at 10 Blaney Street. 10. Old/New Business • • Salem Conservation Commission Minutes of Meeting Thursday, July 8, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, July 8, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Abby Burns, Michael Blier, David Pabich, and Michael Allen. Also present were Conservation Administrator Frank Taormina, and Eileen Sacco, Clerk. Members Absent: Joseph Furnari Approval of Minutes The minutes of the Conservation Commission meetings held on June 10, 2004 and June 24, 2004 were presented for approval. Michael Allen moved to approve the minutes as amended, seconded by Abby Burns and approved. Continuation of Public Hearing - Notice of Intent - DEP File # 64-373 - Richard Dupre - New England Power Company Kevin Cornacchio read a letter from the applicant requesting to continue the matter to July 22, 2004. Michael Allen moved to continue the public hearing to July 22, • 2004, seconded by David Pabich and approved. Continuation of Public Hearing - Request to Amend Order of Conditions - Norman Dube - DEP File #64-152 Atty. Steve Lovely addressed the Commission and explained that they have just retained the services of Engineer Bruce Poole to continue the work on the project, noting that an illness prevents the former engineer to continue. He noted that they are under a time constraint as they must close on the property by July 31, 2004. He stressed that they are not asking the Commission to rush on this. Atty. Lovely explained that they are in the process of going through the Wetlands and Flood Hazard Special Permit process with the Planning Board and had requested that the Board approve the project subject to the Order of Conditions from the Commission but they were reluctant to do that. Bruce Poole addressed the Commission and stated that he is very familiar with the site, and explained that he has not had a lot of time to look at this but suggested that he is considering proposing at the suggestion of the City Engineer that they tie into the existing stormwater management system in the street. He stated that he felt that this is a better solution and this should be explored. He also stated that they should pave all of the parking area and install berms. He further explained that the stormwater should be directed to the catch basins and install gas traps. Mr. Poole stated that if that is not possible he would suggest that they reverse the • slope on all lines with a four bay structure for.more solid return. He further stated that he would hesitate to say that they would go that way. 1 • David Pabich questioned if Mr. Poole thought that there was four feet of cover there. Mr. Poole state that it is possible with out rip rap and noted that he would have to walk the site and see if they can go in on the other side of the gas line. David Pabich asked if there was a drain on Swampscott Road. Mr. Poole stated that it stops near Technology Way past the pumping station. Mr. Poole also noted that whenever there is a municipal system in place you should utilize that. He also stated that the end plan for the area would be to go to Forest River in the future as it would be a better situation. David Pabich stated that he disagreed, noting that this is hardly an urban corner of the city and there is a significant amount of open space. He asked how the rest of the Commission felt. Kevin Cornacchio stated that he likes the idea of everything being caught if there is a rupture. Mr. Poole stated that this was not required of Salem Glass or Thermal Circuits and it is a precedent issue. He also noted that DEP regulations allow the Commission to deter and does not require best management practices. David Pabich stated that he would like to scrutinize this because the first plan was devised and no consideration was given to stormwater management with control regarding the volume of water. Mr. Poole explained the options. He stated that it is only designed for a ten year storm and a 100 year storm spills out in the overflow • when if reaches the maximum capacity of a 10 year storm and could cause erosion. David Pabich stated that there are critical pieces of information missing regarding the city system and that needs to be looked at further. He said he would prefer the discharge be local rather than into the City System as the people from Salem Glass would notice any slick patch, which would raise an eyebrow, or two. Atty. Lovely asked the Commission which option they should submit. David Pabich stated that it should not be up to the Commission to determine what is submitted. Atty. Lovely stated that they want to know what the Commission will accept before they spend a lot of money on this. Chuck Faia addressed the Commission and stated that he is worried about peak discharge control and the runoff numbers are pretty close and questioned if they could get control of that, if the Commission would accept that. He stated that the design is a challenge to meet the perimeters. David Pabich stated that runoff calculations should be presented. Kevin Cornacchio opened the hearing up for public comment at this time. George Corriseau of Swampscott addressed the Commission and expressed his concerns about an area that was built up during the construction of the other sites and requested that it be removed at no expense to him. He stated that he would also like a retaining wall. • Kevin Cornacchio noted that it is an active Order of Conditions and if the original plans were deviated from that should be looked into. 2 • There being no further questions or comments regarding this matter a motion was made by Michael Allen to continue the public hearing to July 22, 2004, seconded by Abby Burns and approved. Continuation of Public Hearing - Notice of Intent Andrew Dacv - 18 Parlee Street Mr. Dacy addressed the Commission and explained that a site visit was held on his proposal to build a retaining wall with the buffer zone to a bordering vegetated wetland. He noted the location is 13 feet out from the fence. Kevin Cornacchio stated that he visited the site and everything looks to be in order. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. David Pabich moved to issue an Order of Conditions for the construction of a retaining wall at 18 Parlee Street, seconded by Michael Blier and approved. Continuation of Public Hearing - Reguest for a Determination of Applicability - Archstone Smith • Diego Binetez addressed the Commission and stated that a site visit was held and there were very few concerns. He stated that the proposed sediment control is a benefit for the site. He also noted that they have been able to save some maple trees on the site, and they will install vertical granite curbing on the site. He requested a negative determination with conditions. Kevin Cornacchio stated that it was a good site visit and the applicant agreed to all of the suggestions of the Commission. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. David Pabich moved to issue a Negative 3 Determination with conditions, seconded by Abby Burns and approved. The Commission discussed conditions for the project as follows: Vertical granite curbing shall be installed. Trees shall be flagged prior to construction. • The Planning Department shall be notified prior to the start of construction. 3 • Continuation of Public Hearing - Notice of Intent - Amy Newton Meimeteas - 30 Cloverdale Avenue Mr. Meimeteas addressed the Commission and stated that his engineer, Andrew Kuchinsky is present this evening to addressed the Commission. Mr. Kuchinsky stated that the existing wall is problematic noting the use of fill and he feels that the riprap may encroach the wetland. He stated that they need to repair that and it can be done if placed individually. He stated that there are voids between the rocks that need to be filled and explained the process. He also noted that the wall at the corner of the house is a problem and should have been constructed at a 2-1 slope. He also noted that the toe of the slope might encroach further into the wetland in order to do this. Mr. Kuchinsky stated that the wall is steep and he is worried about sliding and failure in the future. Michael Allen expressed concern about the height of the wall and noted that the house was built in the wrong location. He stated that he would like to see the plans that were signed by the city, noting that the Planning Board reviewed the plan and questioned if they approved this location. David Pabich agreed that the house was not built according to the plan. Amy Newton Meimeteas addressed the Commission and stated that she met with • Denise McClure and she told her that she was here to protect her and she does not feel that she was protected. She also stated that she is saddened that this has happened. Michael Allen stated that whoever built the house did not build according to the approved plan. Mr. Kuchinsky stated that there has to be an intermediate solution for this. He explained that they could introduce an intermediate design for the wall and pour concrete, reduce the final slope or the riprap 8-10 feet to 1-1 with minimal invasion of the resource area. He stated that this is the best compromise to salvage what is here. David Pabich noted an area on the site that significantly alarms him is the wall and the risk of failure. He also noted an area on the plan near the kitchen that is a tight spot. He stated that the whole concept needs to be re-engineered. Mr. Kuchinsky stated that this is a no win situation and they are trying to made the best of a bad situation. David Pabich stated that they need to address the whole wall, noting that it is just too steep for the material used. He stated that they should review the possibility of sacrificing some of the back yard Michael Blier stated that he would like to see a drawing of what is proposed. Michael Allen stated that he would like to see a structure that will do the job with • three feet less of the buffer zone involved, noting that he could live with that, but is opposed to the applicant taking anymore of the Buffer Zone. 4 • Abby Burns stated that the Building Inspector should take a look at this. Kevin Cornacchio stated that he would like to see what the Building Inspector has to say about this as well. Frank Taormina stated that the City Engineer only made a suggestion and did not approve anything. Michael Allen stated that he would like to see a plan that offers a solution with minimal further encroachment of the wetlands. David Pabich stated that he thought that there might be an easy inexpensive way to deal with this but it has to be presented properly. He suggested that they get some drawings together and meet with the Building Inspector. He also noted that the Commission should not spend anymore time on this if the wall does not have a permit. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen to continue the public hearing to July 22, 2004, seconded by Abby Burns and approved. Public Hearing - Request for Determination of Applicability - Palmer Cove Yacht Club - 74 Leavitt Street • Roger Boucher addressed the Commission and explained the plans for the determination of work related to the construction of a 12'x20' wooden shed within a buffer zone to a coastal resource area and land subject to 100 year flooding. He explained that it will be located in the rear of the building. Kevin Cornacchio asked if there would be any chemicals stored in the shed. Mr. Boucher stated that there would be no chemicals stored in there and it would be used to house marine hardware for the floats. David Pabich noted that this is a temporary structure that does not really need approval of the Commission and thanked them for giving the Commission the courtesy of reviewing it. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. Michael Allen moved to issue a Negative 3 Determination, seconded by Abby Burns and approved. Public Hearing - Request for Determination of Applicability - Dr. Barbara Poremba - 22 Sunset Road • Steve Livermore addressed the Commission and explained the plans for a determination on work related to the construction of a two-story addition with a first 5 • floor exterior deck to an existing dwelling within a river front area and land subject to 100 year flooding. He explained that the work will be in the upland area and will not affect the resource area. He did noted that the deck would encroach a little bit in the Buffer Zone. Mr. Livermore explained that there will be a new basement at the location of the existing deck and equipment will be brought on to the site on the left side. They will also install hay bales and a silt fence. David Pabich asked Mr. Livermore to locate the resource area in relation to the proposed construction. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. Michael Allen moved to issue a Negative 3 Determination with conditions, seconded by Abby Burns and approved. The Commission discussed conditions for the project as follows: Hay Bales and a silt fence will be installed. • Minimal Stockpiling will be allowed on the site. No machines will be left on the site overnight. Public Hearing - Reauest for a Determination of Applicability - First Massachusetts Land Corporation LLC - Salem Harbor Station - 24 Fort Avenue Kevin Cornacchio recused himself from discussion of this matter, and David Pabich assumed the Chair. Frank Lander addressed the Commission and explained that they are installing monitoring wells on the site and reviewed the site plan. He explained that the site was filled in the 1930's and the purpose of the wells is to determine the extent of contamination on the site. He noted that areas where the soil borings will be done and explained that testing done in 2001 showed no groundwater contamination. He also noted that Dig Safe has cleared the project, and weeds will be removed from the site. He noted that a similar scope of work was done in 2000 with a negative determination. David Pabich questioned the locations of the proposed test pits and asked if there was any reason they are not going along the edge. Mr. Lander noted that the location of the tannery that was on the site would be too close to the harbor. David Pabich opened the hearing up for public comment at this time. There was no • one present who wished to speak on the matter. 6 • There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by Abby Burns and approved. Michael Allen moved to issue a Negative 3 Determination, seconded by Abby Burns and approved. There being no further business to come before the Conservation Commission this evening a motion was made by Mr. Furnari to adjourn the meeting, seconded by Abby Burns and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC070804 • • 7 CITY 8F SAL 'E1. t E CITY OF SALEM 10CONSERVATION COMMISSION 1604 JUL 19 P2: Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, July 22, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. XevWinPWCoT*chioC, 8WW Chairman Tentative Agenda: 1. Meeting Minutes—July 8, 2004 2. Continuation of Public Hearing — Notice of Intent — DEP FILE #64-374 - Amy Newton • Meimeteas, 123%: Boston Street, Salem, MA. The purpose of this hearing is to discuss the completion of a riprap wall for a single family dwelling within a Buffer Zone to a Bordering Vegetated Wetland at 30 Cloverdale Avenue. 3. Continuation of Public Hearing—Notice of Intent—DEP FILE#64-373 -Richard Dupre,New England Power Co., 25 Research Drive,Westborough,MA 01582. The purpose of this hearing is to discuss the replacement of two electric transmission line structures within a resource area and the Buffer Zone to that resource area along a NEPC right-of-way in Salem. 4. Continuation of Public Hearing—Request to Amend an Order of Conditions—Norman Dube, 117 Judge Road, Lynn, MA 01904. The purpose of this hearing is to discuss amendments to a previously approved Order Of Conditions(DEP#64-152),construction of building,access road, parking area, and related earthwork within a Buffer Zone to a Bordering Vegetated Wetland at 4 Technology Way. 5. Old/New Business TAlst nodes posted on •Official Bufletln Board" *01A y ,Hall Ave., Salem, Mass. on J(U�L 19 0nAin accordarxx with Ctlap. 3� mac. A 238 of M.G.L./7,�� 120 %VA.1'nc: ;P'N STREET. SALEM, NIASsActwsr.n's 01970 . Tri.: 978.745.9595 FAX: 978.740.0404 . .vww.s.4t.E i.G ra Salem Conservation Commission •' Minutes of Meeting Thursday, July 22, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, July 22, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Abby Burns, Michael Blier, David Pabich, and Michael Allen. Also present was Conservation Administrator Frank Taormina. Members Absent: Joe Furnari Approval of Minutes The minutes of the Conservation Commission meetings held on July 8, 2004 were presented for approval. Michael Allen moved to approve the minutes as amended, seconded by Abby Burns and approved. Continuation of Public Hearing - Notice of Intent - DEP File # 64-373 - Richard Dupre - New England Power Company Kevin Cornacchio read a letter from the VHB on behalf of the applicant requesting to continue the matter to the next regular meeting of the Commission on September 9, • 2004. Michael Allen moved approval, seconded by Abby Burns and the motion was approved. Continuation of Public Hearing - Notice of Intent - Amy Newton Meimeteas - 30 Cloverdale Avenue Mr. Meimeteas addressed the Commission and explained the changes that he has made to his plans. Kevin Cornacchio asked if they would be able to get a piece of equipment back there. Mr. Meimeteas explained the type of equipment they would be able to use. Abby Burns expressed concerns about migration. Mr. Meimeteas explained that he thinks that once vegetation is established it won't wash out. He explained that he will have a 2-1 slope. Kevin Cornacchio stated that he would like to see them cut it back noted that he would hate to see the original number increased. David Pabich agreed and noted that the Commission would be watching this project as it seems to . have run away and no one has been paying attention. He stated that what the Commission approves is what they expect them to do. Kevin Cornacchio agreed and further explained to Mr. Meimeteas that he has to keep close attention to the details of construction and the approved plans. Mike Allen stated that he would be willing to give up the extra two or three feet to make sure that the project is stable. The engineer stated that he would stay with 2-1 slope as much as possible. He also noted that the Building Inspector has reviewed • these plans and his main issue is that they do not exceed the approved plans. 1 • Abby Burns noted that the original plans did not have the bump outs in the location of the house. Mr. Meimeteas explained what happened. Frank Taormina explained that the plans have to be followed. Kevin Cornacchio stated that he talked to Denise McClure today and she confirmed that she and Joe Nerden have reviewed the plans. Kevin Cornacchio opened the hearing for public comment at this time. There was no one present who wished to speak on the matter. Abby Burns stated that she felt that the Commission should have a clerk of the works on this project. Kevin Cornacchio stated that it should be a condition of approval. Mike Allen moved to close the public hearing, seconded by David Pabich and approved. Motion made by David Pabich to issue an Order of Conditions, seconded by Michael Allen and approved. The Commission discussed special conditions for the project as follows: The structural engineer shall be present during the rebuilding of the wall and the bump out into the buffer zone. • Hay bales and a silt fence shall be installed during construction. Grass shall be seeded expeditiously. An amended plan shall be filed showing the hay bales and silt fence. The Planning Department shall be notified prior to the start of construction. Continuation of Public Hearing - Request to Amend Order of Conditions - Norman Dube - DEP File #64-152 - 4 Technology Way Atty. Steve Lovely addressed the Commission and reported that Bruce Poole would address the Commission relative to the Comments received from the Commission and the Planning Board. Mr. Poole addressed the Commission and reviewed the project. He explained that two weeks ago he had just been brought on to the project. He spoke with the City Engineer regarding the possibility of tying into the existing storm drains on Swampscott Road and reported that they did the studies and they did not feel that there was enough capacity on Swampscott Road for the additional drainage. He noted that they did suggest that they could go with a 30-inch line and drain into the wetlands, noting that it was discussed with the Commission and there was concern that the wetlands would not be protected. He explained that they have decided to go ahead with the prepared stormwater management plan in accordance with DEP guidelines and the Wetlands Protection • Act. He also noted that they have prepared best management practices as well. He explained that they took the calculations and reviewed them and found that they could completely hold a ten-year storm. He also noted that the peak flows after 2 • development does not exceed the flows prior to development. He explained the best management practices as outlined in a memo. He noted that all parking areas are designed to be completely paved and a four-inch minimum bituminous curb will be all around the lot to prevent any washout. He explained that the roof drainage is tied into the system by a separate conveyance system to prevent backups that would over flow the parking lots. He noted that he added three more deep sump catch basins with oil and gas separators and are equipped with a hooded exit. He noted there locations on the plans. He explained that the drainage would go to the low corner of the property. He explained the system to the Commission, noting that the solids will be removed and the groundwater will be recharged and they are tempering repeat flows from entering the wetlands. He noted that there is a 6-inch pipe on the bottom of the basin to take small amounts of water to remain in the basin and infiltrate. He stated that he feels that the design is conservative and meets all the guidelines of DEP and the Wetlands Protection Act. Mr. Poole noted that they would have temporary control measures during construction. He explained that in addition to the hay bales and silt fence that will be installed they will construct a detention pond in the very same area of the infiltration pond that will not be quite as deep and they will route a little trench so that during construction activity if the there is a large rain event the water will flow down and collect in this basin. He noted that part of that is the water quality monitoring and the water will be tested for water quality after sitting for 24 hours. He also noted that upon completion of the project they propose a schedule of testing to see how well the system is working. • Kevin Cornacchio asked what they would propose to do if they find after the first few storms that the detention pond is not adequate. Mr. Poole stated that they could make the detention pond larger and they could install a geo fabric so that there is berm or a dyke and make it filter to go through. Kevin Cornacchio asked that Mr. Poole locate the existing pond on the plan. Mr. Poole explained the area and the culverts on the plan in relation to the proposed detention pond. He noted that there is a drop off to the wetland that is 10-15 feet. He reviewed some of the background of the area for the rationale of the design. Abby Burns asked what the snow storage locations would be for the site. Mr. Poole reviewed the plans and recommended a location for snow storage close to the catch basins and within the paved area. David Pabich stated that he would like to see some kind of annual report that would indicate that the system works and that the owner is paying attention to the results of the approved plan. David Pabich stated that he would like to see granite curbing on the site rather than the bituminous berm that is proposed. Kevin Cornacchio agreed and noted that the Commission requested that to protect the wetlands and noted that snow plows chew up those bituminous berms. Kevin Cornacchio noted that the Commission just received the revised plans today and he would like to have the Building Inspector and the City Engineer review them • and suggested that the matter be continued to September 9, 2004. Kevin Cornacchio opened the hearing up for public comment at this time. 3 • George Corriseau owner of lot 64 addressed the Commission and questioned if they expected any of the water from the 10 year or 100 year storm to flow onto his lot. Mr. Poole stated that the water would be directed away from there and there would be a wall. Mr. Corriseau again reminded the Commission that he is looking to have a wall erected by Fafard removed. Frank Taormina stated the Planning Department is looking into that matter, noting that it is not within the jurisdiction of the Conservation Commission. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to September 9, 2004, seconded by Abby Burns and approved. Old / New Business Kevin Cornacchio noted that a letter has been received by the Commission from Councillor Joseph O'Keefe regarding Forest River. Frank Taormina addressed the Commission and reported that Denise McClure attended the City Council hearing on Guilford Rail on behalf of the Planning Department and the Conservation Commission. There being no further business to come before the Conservation Commission this evening a motion was made by Mike Allen to adjourn the meeting, seconded by Abby Burns and approved. • The meeting was adjourned at 7:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC072204 4 OF CITY OF SALEM CICLERK S UPICEA r CONSERVATION COMMISSION 7104 sip 9 9 Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,September 9,2004 at 6:00 p.m.in Room 313,Third Floor, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes–July 22, 2004 2. Continuation of Public Hearing–Notice of Intent–DEP FILE#64-373 -Richard Dupre,New England Power Co.,25 Research Drive,Westborough,MA 01582. The purpose of this hearing is to discuss the replacement of electric transmission line structures within a buffer zone and wetland resource areas found along a NEPC right-of-way in Salem. a3. Continuation of Public Hearing–Request to Amend an Order of Conditions–Norman Dube, ca d, 117 Judge Road, Lynn, MA 01904. The purpose of this hearing is to discuss amendments to a previously approved Order Of Conditions(DEP#64-152),construction of a building,access road, parking area, and related earthwork within a Buffer Zone to a Bordering Vegetated Wetland at 4 P Technology Way. V, 4. Request to Extend Order of Conditions–DEP FILE#64-328-Michael Cook, 105 Leach Street, m c Salem–requests a three-year extension permit to complete a dock and garage located at 105 Leach Street. U N 5. Public Hearing–Request for Determination of Applicability–Nondas Lagonakis, 9 Bridge O_ 2 Street, Salem,MA 01970. The purpose of this hearing is for the determination of work related to C. the maintenance and repair of an existing riprap slope along a Coastal Bank at 9 Bridge Street. O � J c Public Hearing– Request for Determination of Applicability –Frank Murphy, 70 Dearborn 2U) �� Street, Salem,MA 01970. The purpose of this hearing is for the determination of work related to tothe construction of a 26' x 39' addition to a single-family dwelling located in a Riverfront Area at CL 0 st, O 70 Dearborn Street. a�o–mm t9. Public Hearing - Request to Amend Order of Conditions–Osborne Hills Realty Trust, P.O. c= Box 780, Lynnfield, MA 01940 – The purpose of this hearing is to discuss amendments to a previously approved Order of Conditions (DEP #64-371), to relocate the building footprint back a= < from Marlborough Road. U Public Hearing– Abbreviated Notice of Resource Area Delineation –DEP FILE #64-376 - • Osborne Hills Realty Trust,P.O. Box 780,Lynnfield,MA 01940. The purpose of this hearing is for a determination of a delineated wetland boundary line located off of Barcelona Avenue and Marlborough Road. -9— –-Old/New-Business— — – - – — — 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM 4 • Salem Conservation Commission Minutes of Meeting Thursday, September 9, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, September 9, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joe Furnari, Michael Blier, David Pabich, and Michael Allen. Also present was Conservation Administrator Frank Taormina. Approval of Minutes The minutes of the Conservation Commission meetings held on July 22, 2004 were presented foe approval. Michael Allen moved to approve the minutes as amended, seconded by Joe Furnari and approved. Continuation of Public Hearing - Notice of Intent - DEP File # 64-373 - Richard Dupre - New England Power Company Frank Taormina addressed the Commission and reported that VHB has submitted all of the information that the Commission requested from them. He stated that they noticed that there are a couple of other transmission line structures that are not exempt and should be included in the filing. He explained that he explored ways to • amend the NOI to include these lines and found that because the right of way traverses from one side of Salem to the other, there was only one transmission line structure that was part of that original filing and the abutters were notified for that location. Therefore since the abutters were not notified we couldn't amend the Notice of Intent and a new filing for the two additional structures will have to be filed. He explained the requirements and suggested that they re-file with the Commission. He noted that this filing is valid, but suggested that the current NOI be withdrawn and they re-file a new NOI to include everything together for review by the Commission. Kevin Cornacchio suggested that they withdraw this application. A discussion was held on the time frame to get on the agenda for the next meeting. The Commission also discussed the fees that would be charged for the re-filing. Motion made by Mr. Allen to allow the applicant to withdraw the application without prejudice, seconded by David Pabich and approved. Continuation of Public Hearing - Reguest to Amend Order of Conditions - Norman Dube - DEP File #64-152 - 4 Technology Way Atty. Steve Lovely addressed the Commission and recalled that at the last meeting they submitted some changes to the plans and the Commission wanted time to review them. Bruce Poole and Chuck Faia addressed the Commission and explained that they changed the exit weir for the overflow weir for the containment pond so that it is not quite as directed toward the riprap area. The explained the location on • the plan and reviewed the changes. 1 • He also noted that more specific details were requested on the plans and they have been signed and stamped as well. He also noted that they prepared a maintenance checklist for the Commission and reviewed that as well. He noted that there is also a detail sheet on the stormwater control and more details of the pond are shown, the curbing and the catch basins with deep sump manholes are also shown. Mr. Poole explained the locations and functions of the plan. Mr. Poole also noted that hay bales and a silt fence would be installed during construction. He also explained that a geotextile mat will be installed and explained that process. Mr. Poole explained the maintenance plan with the Commission, which included pretreatment and annual maintenance procedures. Kevin Cornacchio asked if they would be testing any oil that is found on the site and remove it. MR. Poole stated that there is an allowable limit so removal may not be necessary. He noted that if there were a large amount that would have to be removed. David Pabich asked if the design intent is for infiltration. Mr. Poole stated that is was for infiltration. He explained the system. David Pabich noted that they don't show a structure over the top. Mr. Poole stated that is would require a manhole on top. • Kevin Cornacchio referred to the oil absorbent structures and asked about the oil absorbent boon and noted that the longevity of them is about a year. Mr. Poole noted that it depends on how much oxidation they receive. He suggested that they would inspect them on a yearly basis and replace them as necessary. Kevin Cornacchio noted that the plan was definitely more efficient than when they first came in. A discussion was held on the grass that would be planted. Mr. Poole explained the mix that they intend to use. David Pabich stated that he was happy to see the checklist and reminded the applicant that he would like it written into the order of conditions. David Pabich also noted that the Commission has requested granite curbing. Mr. Poole noted that they agreed to that suggested that they include that in the Order of Conditions and he will submit revised plans that show that. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by David Pabich and approved. • David Pabich moved to issue an Order of Conditions, seconded by Michael Allen and approved. The Commission discussed special conditions for the project. 2 • Maintenance Check List shall be filed with the Planning Department twice a year. Granite Curbing shall be placed along the forebay area. All of the amendments to the plan and the checklist and detailed storm water management plan shall be filed with the Planning Department. The boons shall be inspected twice a year and replaced as necessary. Reauest to Extent Order of Conditions - - DEP File #64-328 - Michael Cook- 105 Leach Street - Extension of Permit to complete a dock and garage Mr. Cook addressed the Commission and explained his request for a three-year extension of his Order of Conditions to complete a dock and garage at 105 Leach Street. Mr. Cook explained that there was a chapter 91 license for the garage but both were on the same Order of Conditions. He showed photos of the dock and noted that the garage has not been started. He explained that he is consulting with an engineer on that. Mr. Cook explained the work that has taken place on the site since the issuance of the order of conditions. He explained that a portion of the pier is ten feet due to the end result of the placement of the pilings as they hit rock when driving the pilings. He noted that the original proposal was for 8 feet. Kevin Cornacchio stated that he has no problem with the relocation of the piles, since • it has to be done. Frank Taormina suggested that the Commission approve the change in the footprint since it is not a significant change and then vote to grant the extension for the completion of the rest of the work. There being no further questions or comments regarding this matter a motion was made by Michael Allen to accept the plan as amended, seconded by Joe Furnari and approved. Michael Allen moved to extend the Order of Conditions for three years for DEP File # 64-328, seconded by Joe Furnari and approved. Public Hearing - Request for Determination of Applicability - Nondas Lagonakis - 9 Bridge Street - Work Related to the Maintenance and Repair of an Existing Rip Rai) Slope along a Coastal Bank Kosta Prentakis addressed the Commission and explained that they intend to repair the existing wall at the edge of the parking lot at Bill and Bobs on Bridge-Street. Kevin Cornacchio asked if the repairs would extend down the Oh Buster. Mr. Prentakis explained that Mr. Lagonakis owns the entire property and the wall extends along the entire lot. Mr. Prentakis explained that over the course of time stones have been washed away • and they will be replaced. Kevin Cornacchio asked if they intend to do the work by barge or on land. Mr. Prentakis stated that he did not know, and offered that the 3 • applicant would do whatever the Commission prefers. He stated that he was not sure if Mr. Lagonakis has talked to any contractors about the project. David Pabich explained that without a plan for the work it is difficult for the Commission to tell the extent of the impact of the work. Mr. Prentakis stated that he assumed that they would do it from land since the tide goes way out at low tide. Mr. Allen stated that he felt that the end result is how they are going to do the work so that the commission can see what the impact will be. Kevin Cornacchio stated that he would like to continue the matter and have them come back with more details on how they plan to proceed with the project. David Pabich agreed noting that with the method of construction it is difficult for the Commission to approve this at this time. Kevin Cornacchio noted that the Commission agrees that the project needs to be done, noting that they need more information. Mr. Prentakis noted that the applicant is out of the country and asked that the matter be continued until he gets back. Frank Taormina suggested that Mr. Prentakis write a letter requesting that the matter be continued until Mr. Lagonakis is back in the country. City Planner Lynne Duncan addressed the Commission and stated that she would rather that the Commission continue the matter to a definite date and should they • need to continue again at that time they could do so. Michael Allen moved to continue the public hearing to October 28, 2004, seconded by David Pabich and approved. Public Hearing - Request for Determination of Applicability - Frank Murphy - 70 Dearborn Street Frank Murphy addressed the Commission and explained that he is requesting a determination of applicability for the construction of a 26x39 addition to a single- family home located in the river front area at 70 Dearborn Street. He showed the Commission drawings showing the location of the addition and the details. David Pabich asked if the lot was flat. Mr. Murphy stated that the lot is flat and explained the area on the plan. He explained the history of the lots. Kevin Cornacchio asked if there would be any excavation on the site. Mr. Murphy stated that there would be. Kevin Cornacchio stated that there should be no stockpiling of materials during construction. David Pabich expressed concern about the River Front Area and the definition of the river front area. Jim McDowell of Eastern Land Survey addressed the Commission and explained the location of the river front area. • Frank Taormina explained that he has documentation on the river front area of that neighborhood and noted that Mr. Murphy is in that area. 4 • Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Michael Allen moved to close the public hearing, seconded by David Pabich and approved. Mr. Allen moved to issue a negative 2 determination seconded by Joe Furnari and approved. Public Hearing - Request to Amend Order of Conditions - Osborne Hills Realty Trust - Amendments to a Previously Issued Order of Conditions DEP File # 64-371 Jim McDowell of Eastern Land Survey addressed the Commission and recalled that in May the Commission approved an Order of Conditions for what is known as lot 6 on Marlborough Road and noted that the house that was proposed was a house 60 feet long and set back about 26 feet minimum from Marlborough Road. He explained that Mr. DiBiase has since decided that he should build a smaller house and has decided on the 50-foot model and wants to push it back 45 feet from the road. He noted that the house would be slightly more into the buffer zone. He explained that they are still proposing the two-recharge beds for the roof runoff and the driveway runoff will still go towards Marlborough Road drainage system. Kevin Cornacchio asked why Mr. DiBiase decided to move the house back. Mr. McDowell explained that while doing a traffic study it was suggested that for sight • line purposes it would be better to move the house back. Mr. McDowell stated that he talked with Mr. Leger and Councillor O'Leary and they had no problems with it. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen to close the public hearing, seconded by David Pabich and approved. Joe Furnari moved to approve the amendment to the Order of Conditions DEP File # 64-371 as submitted on the new plans, seconded by Michael Allen and approved. Public Hearing - Abbreviated Notice of Resource Area Delineation - DEP File #64-376 Osborne Hills Realty Trust - Determination of Wetland Boundary Line Located off Barcelona Avenue and Marlborough Road Jim McDowell of Eastern Land Survey addressed the Commission and explained the plans for the wetland delineation. He noted that the reason that they are before the Commission is an expansion of the flagging done by Mary Rimmer and reviewed by Bill Manual as part of the overall design effort of the cluster subdivision. He explained the two areas in question. He explained the delineation and noted that the area has been flagged. The second area is located off Barcelona Avenue and • explained the area is being delineated for the road design. 5 • Mr. McDowell explained the plans and the locations of the areas in the request with the Commission. He noted that they would be coming in with one submission for the cluster including the roadways etc. Kevin Cornacchio suggested that the Commission order a peer review on this delineation. Mr. McDowell agreed to that. Joe Furnari moved to hire an independent consultant to review the plans that have been presented to the Commission dated July 15, 2004, seconded by Michael Allen and approved. A discussion was held on the process of hiring a consultant and a question was raised if Bill Manual could do the review since he did the first review. Mr. McDowell suggested that since it will be a long project a consistency on the review would be helpful. Kevin Cornacchio stated that it is a continuation of a project and he didn't see anything wrong with having the same consultant. Frank Taormina will look into the process and notify the Commission. Frank Taormina noted that DEP has recently passed a regulation that calls for the applicant to pay for consultants. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this matter. There being no further questions or comments regarding this matter a motion was made by Michael Allen to continue the Public Hearing to October 14, 2004 seconded • by Joe Furnari and approved. Old / New Business Kevin Cornacchio read a letter to the Commission thanking them for her going away gift. Frank Taormina informed the Commission that during the month of August 289 Derby Street had some test borings done without notifying the Commission. He reported that technically the work they are doing is exempt work, but he informed them that we requested a scope of work and they did so. He also reported that he received the filing for the project and it will be on the next agenda. There being no further business to come before the Commission this evening a motion was made by Michael Allen to adjourn the meeting, seconded by Joe Furnari and approved. The meeting was adjourned at 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC090904 • 6 CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, September 23, 2004 at 6:00 p.m. in Room 313, Third Floor, 120 Washington Street. P,Gnw� fe P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—September 9, 2004 • 2. Public Hearing—Notice of Intent-Richard Dupre,New England Power Co.,25 Research Drive, Westborough, MA 01582. The purpose of this hearing is to discuss the replacement of electric transmission line structures within a buffer zone and wetland resource areas found along a NEPC right-of-way in Salem, MA. 3. Public Hearing—Notice of Intent—George Belleau, 432 Lowell Street, Peabody, MA 01960. The purpose of this hearing is to discuss the demolition of an existing service station and construction of a six story mixed used building with 38 housing units and ground floor commercial space at 289 Derby Street. 4. Old/New Business o m r—� N �T This notice posted on "Official Bulletin Board" o vice City Hall Ave., Salem, Mass. on at 9%6 Afi in accofdanoa with Chap. 30 3" 23A & 23B of M.G.L. �" ° M,13: a- D • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, September 23, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, September 23, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joe Furnari, Michael Blier, and Keith Glidden. Also present was Conservation Administrator Frank Taormina. Members Absent: David Pabich Chairman Kevin Cornacchio welcomed Keith Glidden as the newest member of the Salem Conservation Commission. Approval of Minutes The minutes of the Conservation Commission meetings held on September 9, 2004 were presented for approval. Keith Glidden moved to approve the minutes as amended, seconded by Joe Furnari and approved. Public Hearing - Notice of Intent -- Richard Dupre - New England Power Company Replacement of Electric Transmission Line Structures • Paul Knapik addressed the Commission and explained their plans to replace the electric transmission line structures within a buffer zone and wetland resource area along the New England Power Company right of way in Salem. He explained the history of the project and noted that they filed in June and met with the Commission in July and additional information was requested and submitted. He further noted that in September it was found that an additional structure would be needed within the wetland an buffer zone and the result is this new filing which includes all of the work required. He explained that the work is taking place from Wakefield to Salem and showed pictures of what the A-frame structures look like, and explained that they are changing the style of the A-frame from a four-pole structure to a three-pole structure. He explained that there will be six structures in the right of way in Salem and the present four pole structures will be three poles. Mr. Knapik explained that there are nineteen environmental procedures that they will follow for this work. He also noted that they would stabilize the site at the completion of the work. He stated that they would be replacing the cross arms and structures along the site as appropriate to the exemption. Kevin Cornacchio stated that he is glad that they re-filed the application, as it is a much better detailed plan. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. • 1 • There being no further questions or comments regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by Michael Blier and approved. Joe Furnari moved to issue an Order of Conditions for New England Power Company, seconded by Michael Blier and approved. Public Hearing - Notice of Intent - George Belleau - 289 Derby Street - Proposed Six Story Residential Building and Ground Floor Commercial Space Susan St. Pierre addressed the Commission and explained the proposal for the demolition of the former Coastal Gas Station on 289 Derby Street and the construction of a six story residential building with commercial space on the first floor. She noted that the site is a little more than half an acre and they will also be removing the underground tanks on the site. She stated that the land is subject to coastal storm flowage. She also noted that the riverfront area does not apply because this is an area under Chapter 91 jurisdiction. Ms. St. Pierre reviewed the City Boards and Commissions that must review the project including the Planning Board, Salem Redevelopment Authority. Salem Board of Health, and the Fire and Police Department. She noted that they have received a positive response so far on the project. Ms. St. Pierre explained that this site will be considered a facility of public accommodation and explained that some business such as a dry cleaner or movie theater could be on the site and at this point they do not know what that will be. • Ms. St. Pierre also explained that they are planning to have subsurface parking below the structure with 57 parking spaces. She also noted that they are working with the Planning Department in conjunction with the harbor plan and will be working that into their plans as well. She noted that they have already redesigned the plaza with steps and that reduces the amount of fill that will be needed. Ms. St. Pierre stated that they plan to have a licensed site professional on site to supervise the removal of the tanks and the fill. Mr. Belleau reported that the bedrock is at 42 feet average material from bedrock and they may not need pilings. Mr. Belleau explained that the subsurface garage would be constructed using a rubber membrane that will be installed to waterproof the garage. He noted that they are not using slurry walls as they did on the Big Dig in Boston. He also explained that he plans to use Vortex traps for the storm drains in the parking area and another device for roof run off. Kevin Cornacchio asked if they anticipated any contamination on the site. Mr. Belleau explained that new tanks were installed on the site in 1998 and considerable clean up was done on the site at that time. He noted that if any more contamination were found during the excavation of the site for the garage it would be removed from the site and disposed of properly. Kevin Cornacchio also asked if they would be doing any work on the seawall. Mr. Belleau stated that so far the wall seems to be in tact from what they can see, noting • if they find something during construction they will have to deal with it, and would have to come back to the Commission for approval. 2 • Mr. Belleau also stated that he would be using hay bales and silt fences on the site. He also explained that all storm drains would be channeled to a vortex storm drain system to be treated and then set to the South River via an outfall pipe. The roof runoff would not be treated and would run to a separate outfall pipe. He also noted that he will be removing snow from the site and noted that there is no room to stockpile it. Kevin Cornacchio addressed Mr. Belleau and noted that the Commission usually asks for granite curbing on the street side of the property. Kevin Cornacchio stated that he feels that this is a good project and it has been well received by the Community. He stated that the only comment he has is that they should make sure that the seawall is not compromised during construction. Frank Taormina addressed Mr. Belleau and questioned if they foresee any changes to the plans based on DEP approvals. Mr. Belleau stated that did not think so but he would review them with the Commission if there are any. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. Kevin Cornacchio stated that he would like to continue the hearing to allow David Pabich a chance to look at the proposed project plans. Frank Taormina added that the City has not yet received a DEP File number. Ms. St. • Pierre agreed that she has not received a number either and that she would call DEP to get a status on the project file number. There being no further questions or comments regarding this matter a motion was made by Michael Blier to continue the public hearing to October 14, 2004, seconded by Keith Glidden and approved. Old / New Business Frank Taormina updated the Commission on the peer review of the ANRAD for Marlborough Road. He stated that he expects a report for the Commission on October 14, 2004. There being no further business to come before the Commission this evening a motion was made by Michael Blier to adjourn the meeting, seconded by 3oe Furnari and approved. The meeting was adjourned at 7:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC092304 • 3 s CITY OF SALEM CONSERVATION COMMISSION Notice of Meeting You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, October 14,2004 at 6:00 p.m.in Room 313,Third Floor, 120 Washington Street. /a Kevin P. Comacchio, o C-) Chairman C:) r • Tentative Agenda: °D oa D �r 1. Meeting Minutes—September 23, 2004 0 m3 0 2. Continuation of Public Hearing—Abbreviated Notice of Resource Area Mfineation D • DEP FILE#64-376—Osborne Hills Realty Trust,P.O. Box 780,Lynnfield,MA 01940. The purpose of this hearing is for a determination of a delineated wetland boundary line located off of Barcelona Avenue and Marlborough Road. 3. Continuation of Public Hearing — Notice of Intent — George Belleau, 432 Lowell Street,Peabody,MA 01960. The purpose of this hearing is to discuss the demolition of an existing service station and construction of a six story mixed used building with 38 housing units and ground floor commercial space at 289 Derby Street. 4. Request to Extend Order of Conditions—DEP FILE#64-327—Fafard Real Estate& Development Corporation—requests a three-year extension permit to complete Phase V of Ledgemere, which includes the construction of five condominium buildings, one commercial building, and all associated driveways, parking lots, and utilities on First Street and Traders Way. 5. Public Hearing - Abbreviated Notice of Resource Area Delineation — Lafayette Acquisitions C/O John Sawyer, 20 Park Plaza, Boston, MA 02116. The purpose of this hearing is for a determination of a delineated Coastal Bank boundary line and a delineated Coastal Storm Flowage boundary line at 485 Lafayette Street (former Chadw k Le Mills Site). This rtotice posted on °official Bulletin at e ' City Hail Ave., Salem, Mass. on 6. Old/New Business atD:01!9-0" in acordarwo with Chsj;. 30 �' 234 a 23B of N.G.L. - 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 ♦ TEL: 978.745.9595 FAx: 978.740.0404 %VWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, October 14, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, October 14, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joe Furnari, David Pabich, and Keith Glidden. Also present was Conservation Administrator Frank Taormina and Eileen Sacco, Clerk Members Absent: Michael Blier Approval of Minutes The minutes of the Conservation Commission meetings held on September 23, 2004 were presented for approval. Joe Furnari moved to approve the minutes as amended, seconded by David Pabich and approved. Continuation of Public Hearing - Abbreviated Notice of Resource Delineation - DEP File #64-376 - Osborne Hills Realty Trust Frank Taormina addressed the Commission and reported that the peer review of the resource delineation for Osborne Hills Realty Trust has been completed by Bill Manual • and the report has been received by the Planning Department. He stated that the review concurs with the plans filed for approval and he recommends that the Commission approve the Abbreviated Notice of Resource Delineation. Keith Glidden moved to accept the peer review report from Bill Manual for the Abbreviated Notice of Resource Delineation for Osborne Hills Realty Trust, seconded by David Pabich and approved unanimously. Joe Furnari moved to approve the Abbreviated Notice of Resource Delineation for Osborne Hills Realty Trust, seconded by David Pabich and approved unanimously. Public Hearing - Notice of Intent - George Belleau - 289 Derby Street - Proposed Six Story Residential Building and Ground Floor Commercial Space Susan St. Pierre addressed the Commission and reported that at the last meeting they presented their plans and are here this evening for additional review for a member who was absent at the last meeting. She also reported that they have been meeting with the Planning Board and expect approval at their next meeting. She also reported that they are meeting with the DRB on structural issues and finishing work. Ms. St. Pierre also reported that they have met with Captain Callahan at the Salem Police Department on construction traffic routes and he has approved them. Ms. St. Pierre reported that they are working with the City Engineer on the direction • of the runoff and they are planning on directing the runoff to the South River. 1 • Ms. St. Pierre noted that there was some concern raised about the condition of the seawall and explained that it is in fairly good shape. She referred to a letter from McBrie, LLC which stated that the wall is exposed for a height between 8-10 feet above the mud line and has 32" of concrete blocks constructed on the top of the original granite wall to allow for an increase in the adjacent grade. There are localized failures of the concrete block portion of the wall and there are timber bump piles located in front of the wall. The proposed construction consists of a parking structure that will be set back a minimum of 10 feet from the seawall and a six-story superstructure will be setback a minimum of 50 feet from the seawall. Based on their visual inspection, it is their opinion that the project should be able to be constructed without influencing the existing seawall provided that suggestions for design and construction methods are utilized to minimize disruption of the wall as follows: 1. Installation of a foundation system for the proposed 6 story structure and parking garage that does not transfer any lateral loads to the seawall. 2. Avoidance of stockpiled soils or materials within ten feet of the wall. 3. Replacement/reconstruction of the top concrete block portion of the wall. Ms. St. Pierre stated that a structural analysis of the project will be done over the next several months and should it be determined that stabilization of the seawall is required they will come back to the Conservation Commission with a filing for that. • Ms. St. Pierre also reported that they have agreed to contribute to a fund for the future development of the harbor walk. David Pabich questioned the plans for the drainage on the lower level of the parking garage. Mr. Belleau explained that it will be sealed and explained the process of installing a rubber liner that will be sealed. David Pabich suggested that they should have a back up pumping system in case of failure. He also noted that it should be a fairly significant system. Mr. Belleau explained the drainage system for the garage and noted that water from rain or snow in the entrance area will be handled by the system and there is a limited area for the water to go. David Pabich stated that a more colossal failure would require a bigger system than the one proposed. Mr. Belleau stated that he would work with the engineers on the drainage. David Pabich also expressed concern about the elevation of the outlet noting that it is showing 5.52 but he doesn't see the details of the outlet. Ms. St. Pierre stated that the Planning Department asked for the inverts to be set about the mean high water elevation and they are researching the mean high mark. David Pabich noted that a significant tide event could be a problem and suggested that it would be worthwhile for them to install a duckbill on the outfall pipe. David Pabich asked if there were catch basins or floor drains in the plan. Ms. St. Pierre stated that there are catch basins located on the first level. She also noted that the DRB is looking at the design of the plaza and the landscaping. David Pabich suggested that they incorporate drainage for public safety reasons. • David Pabich asked if there were any issued with the underground soils. Mr. Belleau stated that they know more about the area since they have done significant testing 2 • on the site. He stated that the material has been deemed adequate to hold the building and he is still deciding whether to use pilings or not. David Pabich asked how they plan to prevent salt water from getting in. Mr. Belleau stated that they are still designing that but explained that there is a patching process for the repair of the rubber wall, with an epoxy. David Pabich asked if the soil would be removed from the site. Mr. Belleau stated that there is very quality material on the site and noted that environmental testing has been done. He stated that it was not what they expected it would be but noted that the site was cleaned in 1998 when the tanks were removed and new ones installed. Kevin Cornacchio asked if they plan to have a licensed site professional of the site during construction. Mr. Belleau stated that they would have and LSP on site. David Pabich stated that he would be concerned if there was a lot of contamination on the site. Mr. Belleau stated that there is a significant amount of money set aside should there be a need to clean up contaminated soil on the site. Kevin Cornacchio suggested that they have auxiliary power for electricity on the site. Mr. Belleau stated that he has not given that any thought but will consider it. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the project. • There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Keith Glidden and approved. Keith Glidden moved to issue an Order of Conditions for the 289 Derby Street - Proposed Six Story Residential Building and Ground Floor Commercial Space, seconded by David Pabich and approved. David Pabich suggested a condition regarding the tidewater intrusion to the vortex system. Kevin Cornacchio suggested a condition requiring that the seawall be surveyed before and after construction of the project. David Pabich suggested a condition for the separate dewatering system or safety pumps for water quality control for the garage. Kevin Cornacchio suggested a condition that spill kits be on-site for heavy machinery should they be needed. David Pabich moved to reconsider the vote approving this project and take a vote at the next meeting when the Order of Conditions will be available for review, seconded by Joe Furnari and approved. Frank Taormina will notify the applicant that this action was taken. He stated that • he did not think it would be a problem for them. 3 Request to Extend Order of Conditions - DEP File # 64-327 - Fafard Real Estate & Development Corporation Don Seaberg addressed the Commission and explained that they have not done anything on the site since the application was approved and they are at a stand still with the condos. He explained that they have been talking with a number of people who are interested in this parcel and they hope to move on it soon. Kevin Cornacchio noted that this is there first request for an extension on this project and noted that the order expires on November 8, 2004. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to approve the request for an extension for Order of Conditions - DEP File # 64-327, seconded by David Pabich and approved. Public Hearing - Abbreviated Notice of Resource Area Delineation - Lafayette Acquisitions - 485 Lafayette Street Peter Ogran addressed the Commission and explained that they are requesting approval of this ANRAD for this property along the Salem/Marblehead line. He reviewed the history of the property and noted that they have filed this plan in both Salem and Marblehead. • Mr. Ogran explained the area on the plan and the locations of the resource areas. David Pabich noted that the area is the Forest River and asked why the classified it as coastal. Mr. Ogran stated that this is not considered in the riverfront protection act and the mouth is outward. He also noted this is subject to a chapter 91 license. Frank Taormina explained that since this is chapter 91 site the state supersedes and the interests of the River Front Protection Act are covered by the chapter 91 license. Frank Taormina noted that the Planning Department has not yet received a DEP file number for this project. John Sawyer made a presentation on the area they intend to build on. He stated that the Chapter 91 division is being very cooperative and they have also met with the City Planner. He noted that they are being very cautious before developing final plans. The Commission reviewed the flood map for the area with Frank Taormina. He noted that the land is subject to coastal storm flowage. Mr. Ogran stated that they would amend the plan to reflect that. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the project. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Keith Glidden and • approved. 4 • Keith Glidden moved to approve the Abbreviated Notice of Resource Area Delineation for Lafayette Acquisitions - 485 Lafayette Street, contingent upon the receipt of the DEP File #, seconded by Joe Furnari and approved. Old / New Business Frank Taormina informed the Commission that the DEP fees have doubled as of last week. There being no further business to come before the Commission this evening a motion was made by Keith Glidden to adjourn the meeting, seconded by Joe Furnari and approved. The meeting was adjourned at 7:20 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC101404 • • 5 CITY OF SALEM CONSERVATION COMMISSION � r-c m CD Notice of Meeting N K v You are hereby notified that the Salem Conservation Commission will hold its f6kularly scheduled meeting on Thursday,October 28,2004 at 6:00 p.m. in Room 313,Third Fier, 120 ^:3 c=n- Washington Street. I—v rn-�K N D • evm . o ac ' , Chairman Tentative Agenda: 1. Meeting Minutes—October 14, 2004 • 2. Continuation of Public Hearing — Request for Determination of Applicability — Nondas Lagonakis,9 Bridge Street, Salem MA 01970. The purpose of this hearing is for the determination of work related to the maintenance and repair of an existing riprap slope along a Coastal Bank at 9 Bridge Street. 3. Public Hearing — Notice of Intent — American Beverage Corporation, 1 Daily Way, Verona, Penn. 15147. The purpose of this hearing is to discuss an after the fact addition to an existing parking lot and the creation of a mitigation area at 200 Highland Avenue. 4. Discuss & Vote—Order of Conditions -DEP FILE#64-378 - 289 Derby Street. 5. Old/New Business This notice posted on "Official Bulletin Board" City Hallqye., Salem,, iUl ss. on OCT 2 5 2004 al �a ai-AW, in acoordance welch Chap, 39Sm- 23A - 23 A 230 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 . WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, October 28, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, October 28, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joe Furnari, David Pabich, and Keith Glidden. Also present was Conservation Administrator Frank Taormina Members Absent: Michael Blier Chairman Kevin Cornacchio stated that the Commission would take the agenda out of order this evening to accommodate Councillor Leonard O'Leary who would like to address the Commission and he has a City Council meeting to attend. Councillor O'Leary addressed the Commission and reported that vernal pools have been located on the site of the Dell Street property. He requested that the Conservation Commission review the area and pursue the Vernal Pool certification process if they are found to be on the site. Atty. George Atkins addressed the Commission and noted that Mr. Steadman, the owner of the property is present this evening. He stated that there was an ANRAD done on the site and a peer review ordered by the Commission was done. He stated • that there was no certification at that time done by either expert that there were vernal pools on the site. He stated that this particular report is the result of the trespass on the property without the owner's permission and secondly there is no certification of vernal pools in the report. He stated that they have to come back before the Commission and they will address this matter at that time. Atty. Atkins stated that they do not think that the vernal pools exist, but they will look at the matter. Approval of Minutes The minutes of the Conservation Commission meeting held on October 14, 2004 were presented for approval. Joe Furnari moved to approve the minutes as amended, seconded by David Pabich and approved. Continuation of Public Hearing - Request for Determination of Applicability - Nondas Lagonakis- 9 Bridge Street, Salem, MA. - Determination of Work related to the maintenance and repair of existing rip rap slop along the coastal bank Mr. Lagonakis addressed the Commission and explained that he wants to repair the wall on his property. He explained the plans and noted that the work will be done from the shore. He also noted that he purchased some jersey barriers and he would like to place them on his property and noted the location on the plan. Kevin Cornacchio stated that he felt that this should be a Notice of Intent. Frank Taormina explained that if this were just maintenance this filing would be allowed, but if he is significantly changing the area by installing jersey barriers etc. he has to • file a full NOI. 1 • David Pabich explained that the Commission needs more information with formal engineering plans. He noted that the application is specific about what needs to be provided for the Commission. Kevin Cornacchio explained that the Commission needs more details and explained that the installation of the barriers is a change and that needs a formal filing. Mr. Langonakis agreed to file a Notice of Intent with the appropriate plans. David Pabich moved to issue a positive determination and require the applicant to file a full Notice of Intent for 9 Bridge Street, seconded by Joe Furnari and approved. Public Hearing - Notice of Intent - American Beverage Corporation - 220 Highland Avenue - After the fact addition to an existing parking lot and the creation of a mitigation area John Dick addressed the Commission and explained what the applicant did. He noted that the applicant got an order of conditions to fill an area and build a parking lot. He stated that the area was flagged in 1986 which he found remains of on the site. He reviewed history of this problem and stated that he went out to look at the site and the former line is no longer a wetland. During a transaction of the sale of the company they found that they needed a certificate of compliance, and described the work that they have to do to complete the site. He stated that they plan to install hoods and catch basins and finish the mitigation work on the site. Mr. Dick requested that the Commission role the old order of conditions into the new one so that they can get a certificate of compliance taken care of. • Frank Taormina noted that the only meeting in November is on the 18`h because of the holidays. Kevin Cornacchio suggested that the Commission continue the Public Hearing and hold a site visit. The Commission will hold a site visit on Saturday, November 13`h at 8:30 a.m. Keith Glidden moved to continue the public hearing to November 18, 2004, seconded by David Pabich and approved. Discussion and Vote on 289 Derby Street Frank Taormina reviewed the Order of Conditions with the Commission. David Pabich suggested adding duckbill tide gates on all out fall pipes into the South River. Joe Furnari moved to approve the Order of Conditions as amended for 289 Derby Street, seconded by Keith Glidden and approved. Old / New Business Frank Taormina informed the Commission that the Commission has been invited to a Planning Board seminar on Cluster Development to be held on Thursday, November • 4, 2004. He noted that this is an informational meeting only. 2 Frank Taormina informed the Commission that Salem Sound is holding a conference at the Salem Woods and he would like to attend. He requested that the Commission approve a request to pay $45.00 fee for this event. Joe Furnari moved to appropriate $45.00 for Frank Taormina to attend the seminar, seconded by David Pabich and approved. There being no further business to come before the Commission this evening a motion was made by David Pabich to adjourn the meeting, seconded by Joe Furnari and approved. The meeting was adjourned at 7:40 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC102804 • • 3 0 CITY OF SALEM CONSERVATION COMMISSION o Notice of Meeting zo a You are hereby notified that the Salem Conservation Commission will hold its regmrly sche0: meeting on Thursday,November 18,2004 at 6:00 p.m.in City Hall Annex,Room 313, 10 Washin Street. UU 3 • • D Kevin P. Comacc 'o, Chairman Tentative Agenda: 1. Meeting Minutes—October 28, 2004 2. Continuation of Public Hearing—Notice of Intent—American Beverage Corporation, I Daily Way,Verona,PA. 15147. The purpose of this hearing is to discuss an after the fact addition to an existing parking lot and the creation of a mitigation area at 200 Highland Avenue. • 3. Request for Certificate of Compliance—DEP #64-345— 116-118 Leach Street 4. Public Hearing—Request for Determination of Applicability—William Donald Jeffery, 16 Sunset Road, Salem,Ma. The purpose of this hearing is for a determination of work related to the construction of an addition to an existing garage and a second floor addition to an existing single-family dwelling within a Riverfront Area at 16 Sunset Rd. 5. Public Hearing — Amendment to an Order of Conditions — Massachusetts State College Building Authority, 136 Lincoln St, Boston, MA 02111. The purpose of this hearing is to discuss amendments to a previously approved Order of Conditions (DEP #64-346) for a new, separate stormwater outfall pipe to drain into the abutting coastal marsh at Salem State College Central Campus. 6. Public Hearing—Request for Determination of Applicability— Scott Patrowicz, 10 Derby Square, 4' Floor, Salem, MA. The purpose of this hearing is for a determination of work to repair an existing drainage problem related to Isolated Land Subject to Flooding at 272 Highland Avenue(Tri-City Sales). 7. Public Hearing—Notice of Intent—Elizabeth Greene,25 Research Drive,Westborough,MA 01582. The purpose of this hearing is to discuss the implementation of a pilot-scale testing program along an area of Coastal Beach, Inter Tidal Flats, & Land Containing Shellfish in Collins Cove off of Pierce Avenue and Waite Street. • 8. Old/New Business This notice posted on "Official Bull et11 orard• City Ha I e., S lean, Bass. on /� ,r / in accordance 2S a� t3 f M.C.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595,FAx: 978.740.0404 . WWW,SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, November 18, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, November 18, 2004 at 6:00 p.m. in City Hall Annex, Room 314 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joe Furnari, Michael Blier, David Pabich, and Keith Glidden. Also present was Conservation Administrator Frank Taormina and Eileen Sacco, Clerk Chairman Kevin Cornacchio stated that the Commission would take the agenda out of order this evening to accommodate Councillor Leonard O'Leary who would like to address the Commission and he has a City Council meeting to attend. Chairman Kevin Cornacchio recognized Councilor Leonard O'Leary who wished to address the Commission at this time as he has a City Council meeting to attend. Councillor O'Leary addressed the Commission and expressed his support for the Tri City Sales project that is on the agenda later this evening. He stated that the neighbors approve of the project, which will be a big improvement for the area. He also noted that there is a letter from Assistant City Engineer Joe Nerden supporting the project. • Approval of Minutes The minutes of the Conservation Commission meeting held on October 28, 2004 were presented for approval. David Pabich moved to approve the minutes as amended, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - American Beverage Corporation - 220 Highland Avenue - After the fact addition to an existing parking lot and the creation of a mitigation area John Dick addressed the Commission and stated that a site visit was held and explained the history of the project. He noted the location of the area of work on the plans and noted that there is a lot of ledge there and sweet pepper bush. He also noted that the location at the front of the site allows for more replication. He explained that they intend to clear out the invasive buckthorn and do some minor regarding on the site and put loam back. He also stated that they plan to plant 41 trees and shrubs, 21 upland and a mixture of seed replication and a mix of seed and wild flower. Mr. Dick stated that they will install catch basins in the parking lot and would accept a condition regarding the maintenance and reporting of it to the Commission. He noted that there seems to be a history of cleaning on the site according to employees of the plant. He located the catch basins on the plans in the parking area. • • Mr. Dick also stated that they propose to install something like MDC hoods that are inverted T's that will project above the water. He explained the usefulness of these compared to what was installed when the project was done. Kevin Cornacchio asked how they propose to clean the outfall pipe. Mr. Dick stated that he is not sure how they will do that. He suggested that they may use a vacuum truck. David Pabich asked about the elevation change. Mr. Dick-explained that it is 13-14 feet and the vertical slope will be 104-102. Frank Taormina noted that the replication will take a couple of years to take and noted that this small area of replication is surrounded by invasive plants and could be counterintuitive. Mr. Dick stated that they would cut the surrounding invasive like buckthorn to the stumps and treat the stumps in hopes to keep the surrounding invasive vegetation at bay. He noted that the process may not work very well but it is better than doing nothing. He stated that ten feet on center should be sufficient noting it is pretty dense and they will replant in April or early May. David Pabich asked when they would begin excavation. Mr. Dick stated that as soon as the frost is out of the ground, noting that they have a window of grading. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. • Frank Taormina noted that he has not received the DEP file # for the project and recommended that the Commission continue the public hearing to the next meeting on December 9, 2004. There being no further questions or comments regarding this matter at this time Keith Glidden moved to continue the public hearing to December 9, 2004, seconded by David Pabich and approved. Request for Certificate of Compliance - 116-118 Leach Street - DEP File # 64-345 Frank Taormina informed the Commission that this request is not ready to be acted on. No action was taken. Public Hearing -Request for Determination of Applicability - 16 Sunset Road - Determination of Work Related to the Construction of and Addition to an Existing Garage and a Second Floor Addition Julie Jeffery addressed the Commission and explained their request to construct an addition and garage at 16 Sunset Road. She noted that all work would be done on the yard side of the fence. She stated that they plan to demolish the garage and rebuild. The Commission reviewed the location of the property on the plans and an aerial • photo provided by the applicant. 2 • Michael Blier asked about the roof drainage. Frank Taormina stated that it is not addressed in this filing. David Pabich stated that it appears that the work is out of the buffer zone although he is not sure of the river front requirements. Mr. Jeffery stated that they will have down spouts and not much hot top and he could do a dry well. Kevin Cornacchio requested that they install hay bales and a silt fence. David Pabich stated that basically all of the work is outside of the buffer zone and suggested that they keep stock piled material closer to the structure. Keith Glidden stated that he did not think that this follows the exemption and suggested that the Commission could issue stating that there is no adverse impact to the resource area. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by David Pabich and approved. Joe Furnari moved to issue a Negative 2 Determination with conditions for 16 Sunset Road, seconded by Michael Blier and approved. • The Commission issued the following conditions on the filing: 1. Hay bales and a silt fence shall be installed prior to construction and will be maintained during the construction period. 2. Spill kits shall be provided for the excavation equipment. 3. Stock piled materials shall be kept closer to the dwelling than the resource area. 4. Mechanical equipment kept on the site overnight shall be kept out of the buffer zone. Public Hearing - Amendment to an Order of Conditions - Salem State College - DEP File # 64-346 Atty. George Atkins addressed the Commission and explained that Salem State College is asking for an amendment to their Order of Conditions to correct a drainage problem on the site of the new Salem State dorms. He explained that there is a 24- inch pipe for storm water that is tied into a 42-inch city drainage pipe and at high tide and heavy rain it backs up. He explained that they are proposing to abandon the 24-inch pipe and install a 36-inch pipe that will be separate from the city. He stated that they propose to fill the old pipe with flowable fill. Kevin Cornacchio asked if they were planning to install grass pavers on the site. • Atty. Atkins stated that the city has requested the grass pavers for vehicle access. He stated that they used the same system for the fire lane. He also noted that post construction they plan to restore the area to the original condition. 3 Kevin Cornacchio noted that there appears to be a boom on the site. Atty. Atkins explained that when the city did the construction on the Rosies Pond overflow problem they abandoned a pipe and came down and joined the college system. HE explained that historically the city joined the college system and he does not know who put the boom in there. Kevin Cornacchio stated that he would like to see the boom removed. Atty. Atkins stated that they could remove it if it belongs to the college. Atty. Atkins stated that they propose to use deep sumps and a check valve. David Pabich suggested adding a duckbill to prevent movement of silts and may eliminate the problem. Atty. Atkins stated that they would consider that. Atty. Atkins stated that the Chapter 91 License has been applied for and the abutters of the property have been notified. Frank Taormina suggested that he would like to have the City Engineer review these plans before the Commission approves them. Atty. Atkins stated that the applicant has met with the City Engineer and discussed the design of the project. He reported that their chief concern at the time was access to the site and they have addressed that issue with the addition of the grass pavers. Kevin Cornacchio opened the hearing up for public comment at this time. There was • no one present who wished to comment on the matter. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by David Pabich and approved. Joe Furnari moved to approve the amendment to the Order of Conditions for Salem State College contingent on City Engineer approval, seconded by David Pabich and approved. Public Hearing Request for Determination of Applicability - Tri City Sale Corporation - 272 Highland Avenue Atty. Joseph Correnti addressed the Commission and noted that Councillor O'Leary addressed the Commission earlier this evening in support of this project. He explained that they attended a Ward Four Neighborhood meeting and explained the project to the neighbors who are very supportive of this drainage improvement to the area. Atty. Correnti stated that they have worked closely with the City Engineer on this project. Scott Petrowicz addressed the Commission and explained the drainage improvement plans. He stated that the area is delineated as land subject to flooding and noted the existing drainage and flooding problems on the site. He explained that they plan to • install a large berm that will direct the flow across the parking lot to prevent flooding in an extreme storm event. 4 • David Pabich asked who determined that the area was land subject to flooding. Mr. Petrowicz explained that the work was done by Mr. Mike DeRossa. He stated that the area pools during rain events. He explained that this is a good opportunity to treat the runoff coming through the site. Atty. Correnti stated that the owner has lost the use of the site for 30 years and is not planning on developing the land at this time. He stated that they plan to take a comprehensive look at what will be there. Joe Furnari stated that this has been discussed over the years and agreed that this is a good solution for the problems that are there. Atty. Correnti stated that if there is a proposal for development they would be happy to make improvements which will be more affordable at that time. He noted that the owners are paying for all of this on their own. David Pabich asked if they tried to get the state to address the matter. Atty. Correnti stated that they did go to the state and they indicated that they might look at the problem sometime and the owner made the decision to address the matter himself. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. David Pabich stated that his only hesitation if that if there is habitat that has been created because of this situation regardless of how it came to be, he would like a third party to take a look at this. • Atty. Correnti stated that a wetland specialist did look at the site, Mike DeRossa and he called it isolated land subject to flooding and they could submit his report. David Pabich stated that his instinct is to have someone review the determination. Keith Glidden agreed noting that he would be satisfied to have the Commission review Mr. DeRossa's report. David Pabich stated that this is a significant area that has been holding water for 25 years and without seeing the technical data he is not comfortable relying on the applicant to verify that. Keith Glidden stated that he did not think a peer review of the report is necessary and stated that he would like to review the report. Mr. Petrowicz stated that he could go to his office and try and find the report if the Commission would like to recess the hearing at this time. Joe Furnari moved for a recess to allow the applicant to present the report, seconded by Keith Glidden and approved. Public Hearing Notice of Intent - Massachusetts Electric Company - Implementation of a Pilot Scale Testing Program Along and area of Coastal Beach in Collins Cove off of Pierce Avenue and Waite Street • Ken Lento addressed the Commission and explained an overview of the area and the history of the property for the new members, since this has been an ongoing project since 1988. He explained that this proposal is for the implementation of a pilot 5 • scale-testing program along an area of coastal beach, internal tidal flats and land containing shellfish. He stated that they will be installing a concrete tube with a cap on the top to access the material and explained the process. He stated that they will evaluate the system for about a year and if it works they will extend the full system along the beach. Kevin Cornacchio asked when they expect to start the work. Mr. Lento stated that they hope to start as soon as the permits are in place. He also noted that T Ford will be doing the work and they are familiar with the site. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Susan Yates of 53 Osgood Street addressed the Commission and stated she only attended the meeting because she received a notice and she has no concerns regarding this proposal. Frank Taormina informed the Commission that he does not have a DEP file # for this project and recommended that they continue the public hearing to December 9, 2004. There being no further questions or comments regarding this matter this evening, a motion was made by David Pabich to continue the public hearing to December 9, 2004, seconded by Keith Glidden and approved. • Old/New Business Frank Taormina noted that the second meeting in December is scheduled for December 23rd and City Hall is closed that night. David Pabich moved to cancel the December 23, 2004 Conservation Commission meeting, seconded by Joe Furnari and approved. Frank Taormina reviewed a memo from Mayor Usovicz regarding the taping of meetings at 120 Washington Street for SAN. He requested that a member of the Commission contact SATV to get the details of this. Kevin Cornacchio stated that he would contact SAN. Request to Continue Public Hearing - 24 Saunders Street - DEP #64-359 Frank Taormina informed the Commission that he has received a letter from Atty. John Keilty requesting to continue the public hearing to January 14, 2004. David Pabich moved to continue the public hearing to January 14, 2005, seconded by Joe Furnari and approved. Request to Continue Public Hearing - 24 Saunders Street - DEP #64-355 Frank Taormina informed the Commission that he has received a letter from Atty. • John Keilty requesting to continue the public hearing to January 14, 2004. David Pabich moved to continue the public hearing to January 14, 2005, seconded by Joe Furnari and approved. 6 Report on Zoning Summit Kevin Cornacchio reported that he attended the Zoning Summit held with members of the City Council, Planning Board, Board of Appeal and Conservation Commission. He suggested that he would like to re-write the Conservation Commission By-Laws and handed out some material for the members to review. Public Hearing Reguest for Determination of Applicability - Tri City Sale Corporation - 272 Highland Avenue - Continued Atty. Joseph Correnti addressed the Commission, and reported that they were unable to find the report on the land at 272 Highland Avenue but they were able to reach Mr. DeRossa, of DeRossa Environmental in Ipswich by telephone and he confirmed that the area is an isolated land subject to flooding. David Pabich questioned what the information is based on asking for details on where the outlet is and how long it has been there. He asked if this land meets the criteria of the Wetlands Protection Act for wetlands and noted that he would like someone knowledgeable to explain what it is. He also noted that this is the only thing that they are asking the Commission to approve and he would like to see the documentation. Kevin Cornacchio agreed and suggested that the Commission continue the public • hearing to December 9, 2004. Keith Glidden moved to continue the public hearing to December 9, 2004, seconded by David Pabich and approved (4-1) with Michael Blier opposed. There being no further business to come before the Commission this evening a motion was made by David Pabich to adjourn the meeting, seconded by Joe Furnari and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC111804 • 7 CITY OF SALEM CITY'OF Sq�EI C'L ERK'S i9q CONSERVATION COMMISSION OEC -b p NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, December 9, 2004 at 6:00 p.m. in Room 313 at City Hall Annex, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—November 18,2004 2. Continuation of Public Hearing—Notice of Intent—DEP #64-379—American Beverage Corporation, 1 Daily Way,Verona,PA. 15147. The purpose of this hearing is to discuss an after the fact addition to an existing parking lot and the creation of a mitigation area at 200 Highland Avenue. • 3. Continuation of Public Hearing—Notice of Intent—DEP#64-380—Elizabeth Greene,25 Research Drive, Westborough, MA 01582. The purpose of this hearing is to discuss the implementation of a pilot-scale testing program along an area of Coastal Beach, Inter Tidal Flats, & Land Containing Shellfish in Collins Cove off of Pierce Avenue and Waite Street. 4. Continuation of Public Hearing—Request for Determination of Applicability—Scott Patrowicz, 10 Derby Square,4'Floor,Salem,MA. The purpose of this hearing is for a determination of work to repair an existing drainage problem related to Isolated Land Subject to Flooding at 272 Highland Avenue (Tri-City Sales). 5. Request for Certificate of Compliance—DEP #64-345-116-118 Leach Street 6. Public Hearing—Notice of Intent—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss grading associated with a proposed driveway in a buffer zone to a BVW and the placement of riprap in a BVW at 103 Marlborough Road. 7. Public Hearing—Notice of Intent—Giacalone Construction Co. Inc, 95 Rear Maplewood Avenue, Gloucester,MA 01930. The purpose of this hearing is to discuss the proposed extension of Almeda Street and the filling and replication of BVW at 12 Almeda Street. 8. Old/New Business This notice poS.ts d on n City Hall Ave., Salem, ss. ono g"PEP d" 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, December 9, 2004 A regular meeting of the Salem Conservation Commission was held on Thursday, December 9, 2004 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joe Furnari, Michael Blier, David Pabich, and Keith Glidden. Also present was Conservation Administrator Frank Taormina. Chairman Kevin Cornacchio stated that the Commission would be taking the agenda out of order this evening. He recognized Councillor O'Leary who stated he has no comments at this time. Chairman Cornacchio recognized Assistant City Solicitor Beth Rennard who wished to make comment regarding property on Clark Avenue. Mrs. Rennard addressed the Commission and stated that the City Council declared property on Clark Avenue surplus property in 1984. She noted that the wish of the City Council at that time was to transfer the property to the Conservation Commission and that action never happened. She further noted that in 2000 the city tried to sell the property and it was discovered that the land was intended to for Conservation property. She requested that the Commission accept the property by roll call vote and explained the process that would follow. • David Pabich moved to accept the land on Clark Street as Conservation Land, seconded by Joe Furnari and a roll call vote was taken as follows: Mr. Cornacchio accept Mr. Furnari accept Mr. Glidden accept Mr. Blier accept Mr. Pabich accept The motion was approved unanimously. Joe Furnari moved to grant a conservation restriction to the residents of the City of Salem for a right of way, seconded by David Pabich and a roll call vote was taken as follows: Mr. Cornacchio accept Mr. Furnari accept Mr. Glidden accept Mr. Blier accept Mr. Pabich accept Approval of Minutes The minutes of the Conservation Commission meeting held on November 18, 2004 were presented for approval. Keith Glidden moved to approve the minutes as amended, seconded by Joe Furnari and approved. • t • Approval of the 2005 Schedule of Conservation Commission David Pabich moved approval of the 2005 Conservation Commission meeting schedule, seconded by Keith Glidden and approved. Notice of Cancellation of Meeting Chairman Cornacchio read a notice of cancellation of the December 23, 2004 Conservation Commission meeting. The next scheduled meeting will be on Thursday, January 13, 2005. Joe Furnari moved to approve the cancellation of the meeting seconded by Michael Blier and approved unanimously. Public Hearing - Notice of Intent - American Beverage Corporation - #64-379 - 220 Highland Avenue - After the fact addition to an existing parking lot and the creation of a mitigation area Kevin Cornacchio noted that the matter was continued at the last meeting because the Commission had not received a DEP file number from the State DEP. He noted that the file number has been received (#64-379). Kevin Cornacchio opened the hearing up for public comment at this time. Councillor O'Leary asked for an explanation of the project. Councillor O'Leary reported that there is a foul smell in the area at times. Frank Taormina stated that there has been some illegal dumping down there and they will keep an eye on it. • There being no further questions or comments regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Massachusetts Electric Company DEP File #64-380- Implementation of a Pilot Scale Testing Program Along and area of Coastal Beach in Collins Cove off of Pierce Avenue and Waite Street Chairman Kevin Cornacchio noted that is project was approved at the last meeting pending the issuance of the DEP file number, which was received. He asked if there was any public comment at this time. There being none Joe Furnari moved to close the public hearing, seconded by David Pabich and approved. Public Hearing Request for Determination of Applicability - Tri City Sale Corporation - 272 Highland Avenue Atty. Joseph Correnti addressed the Commission and explained that at the last meeting they were asked to provide additional documentation that this is an isolated land subject to flooding. He stated that their consultant revisited the site since and had provided a report that has been submitted to the Commission. He explained that the report reviews isolated land subject to flooding and noted that there is no outlet to this area and there is no evidence of discharge or a stream and they know it is highway runoff that comes into this area that fills up when it rains. He explained • the drainage path in the area regarding this property. He reviewed the performance standards and noted the criteria for the work they propose to do in this area and 2 • reviewed the plans. He noted that Mr. DeRosa has determined that this is an area of isolated land subject to flooding. Kevin Cornacchio noted a catch basin in the parking lot and asked if it flows into Marlborough Road, noting he was concerned about the capacity of the system. Mr. Petrowicz stated that it would flow into Marlborough Road sewer system. Atty. Correnti noted that there was concern at the neighborhood meeting as to whether the system could hold the additional capacity and the City Engineer stated that there would be no problem. He also noted that they want to make this work and have the concerns of the neighbors in mind. David Pabich asked if the land is even not wet. Atty. Correnti stated that the area does dry up at times. David Pabich stated that he still does not feel comfortable that this area is not a pond and is in fact a temporary basin that dries out. He stated that he understands that it does not border other wetlands but noted that in his letter Mr. DeRosa calls it a wetland area in an existing wet basin he has concerns that if the wet area is in fact a pond and the land underneath it is land under water then the wetlands that have been flagged are in fact bordering vegetation wetlands. Atty. Correnti stated that it is not a pond noting that a pond is a defined term in the act. Mr. Patrowicz stated that he thinks that the definition is ten acres in the Wetlands Protection Act. David Pabich stated that he would like to see the definition. He noted that land under water references a lot of things and that is the crux of the matter noting the area is predominately wet. Mr. Cohen noted that the area dries out and explained that he often has to clear out garbage from the area. Kevin • Cornacchio recalled occasions when the Commission has visited the site and it has been dry. Joe Furnari agreed. Mr. Pabich stated that the only times he has visited the site it has been wet and it looks like a pond. Mr. Cohen stated that in the summer he has a crew that cleans the area out every other week noting that there is garbage that blows in from across the street. Kevin Cornacchio recalled that the visit held in relation to appliances being removed from the site and he did not recall any problem. He asked if Councillor O'Leary would like to shed some light on this matter. Councillor O'Leary addressed the Commission and stated that the area does dry out. He recalled that there used to be a pipe that went across Highland Avenue to the other side and that was when the site was completely dry. He stated that when the state and the city brought up the sewer lines from 100 Highland Avenue they blasted the pipes and they were supposed to fix it when Taco Bell and Burger King were built. He stated that since that happened the area fills up and then dries out. Scott Patrowicz corrected his statement of ten acres and explained that the regulations say 10,000 s.f. of water. He explained that the area is 13,000 s.f. that would mean that most of the area is under water and that is clearly not the case. David Pabich asked about standing water today, and Mr. Patrowicz noted on the plan where the water was on the day that they surveyed it, which was September of 2003, and at that time the water was in the area identified on the plan. Keith Glidden asked how the bedrock was determined and whether there was organic • marterial on the site. He asked if it was done by observation or testing. Atty. Correnti stated that it was based on observation and reviewed the report. 3 • David Pabich asked what the compensatory storage was. Mr. Patrowicz explained that they compensated in area and volume and explained the plan. Chairman Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. Joe Furnari moved to close the public hearing, seconded by Keith Glidden and approved unanimously. Joe Furnari moved to issue a Negative Determination 1, seconded by Michael Blier and approved unanimously. Request for Certificate of Compliance - 116-118 Leach Street - DEP File # 64-345 Frank Taormina explained that this was an addition to a single family home and it has since been sold. The new owner has filed the appropriate paper work notifying the Commission of a new owner. He also noted that the new owner is almost done with the addition and explained the work that was done. Joe Furnari moved to issue a Certificate of Compliance for 116-118 Leach Street, seconded by David Pabich and approved unanimously. Public Hearing - Notice of Intent - Osborne Hills Realty Trust- Discussion of Grading Associated with a Proposed Driveway in a Buffer Zone to a BVW and the placement of Riprap in a BVX at 103 Marlborough Road • Chris Mello of Eastern Land Survey addressed the Commission and explained the plan. He stated that they have eliminated the request to put the riprap at the end of the pipe at the request of Mr. Nerden. He stated that this they propose to construct a single-family house at 103 Marlborough Road and the driveway is in the buffer zone and the house is not. He stated that they have planned the driveway with enough room to turnaround and they will be granting an easement to the city. He stated that the plan is fairly benign and he would be happy to answer any questions. Chairman Cornacchio read a note from Joe Nerden that stated that based on a visit to the site there is no need for riprap at the end of the storm drain outfall pipe and recommended standard conditions for the project concerning erosion control. David Pabich noted that the drain line is the subject of the application as well. Frank Taormina noted that he was on the site visit with Mr. Nerden and explained that he felt that the existing riprap that is there is a sufficient amount to handle the outfall. Chairman Cornacchio opened the hearing up for public comment at this time. Ward Four Councillor Leonard O'Leary addressed the Commission and stated that he is opposed to this project. He stated that he feels there is enough land there that they do not have to go into the buffer zone. He also stated that he would feel more comfortable if Bruce Thibodeau signed the letter from the Engineering Department rather than Joe Nerden. He stated that he is not saying that Mr. Nerden is not capable but Mr. Thibodeau is the City Engineer. He stressed that he did not feel that • they should be using the buffer zone. 4 • Mr. Mello stated that there was nothing he could add to that. Councillor O'Leary stated that there is a lot water in the area. Chairman Cornacchio stated that what they propose is an acceptable practice under the regulations. David Pabich added that he felt that there would be minimal impact. Chris Mello stated that they are not asking to build on the resource area and noted that the point is well taken. Kevin Cornacchio asked if the Commission should hold a site visit. Frank Taormina reiterated that he and Mr. Nerden made a site visit and he felt that because there is such a small portion of the project within the buffer zone not feel that a site visit was necessary. Joe Furnari moved to close the public hearing, seconded by Keith Glidden and approved unanimously. David Pabich suggested a condition that hay bales be place on the site as suggested by Mr. Nerden. Mr. Mello stated that they could put the erosion control measures at the limit of work line. Frank Taormina suggested that they move the hay bales back to the property line to stabilize the entire site, and use the old hay bale line as a limit of work line. David Pabich moved to issue an Order of Conditions, seconded by Keith Glidden and approved unanimously. • Kevin Cornacchio reviewed recommended conditions from the City of Salem as follows: 1 That a permanent easement be granted to the city regarding the drain pipe the details of which shall be worked out with the City Engineer and filed with the registry of deeds by the applicant. 2 A formal easement shall be granted to the City of Salem of 20 feet wide from Marlborough Road to the out fall of the drain pipe for operational and maintenance services. Joe Furnari moved to approve the special conditions for the project, seconded by David Pabich and approved unanimously. Public Hearing - Notice of Intent - Giacalone Construction Company - Proposed Extension of Almeda Street and the Filling and Replication of BVW at 12 Almeda Street Stan Bigelow addressed the Commission and explained the project that they are proposing. He stated that they are proposing a modification to a plan that has been issued a superseding Order of Conditions. He stated that the modification proposed has been the subject of an agreement signed by Mr. Thibodeau and Mr. Giacalone last summer. • He explained that the road that they are working on was to be a driveway at that would be bounded on the pond side by a concrete retaining wall and explained the plan. 5 • Chairman Cornacchio opened the hearing up for public comment at this time. Mr. Katzynski addressed the board and asked if they would please consider all of the comments made tonight regarding safety issues, and take those comments into consideration when you issue your decision. Chairman Cornacchio stated that they board would do so. Andy Wade addressed the board and questioned whether the development will not increase the existing flooding onto his and other abutting properties. Mr. Bigelow stated that the calculations suggest that the surrounding area will not contribute in the flooding problem that exists. Mr. Wade quested whether the retaining wall will create a problem in the drainage in the area. Mr. Bigelow replied that the wall would not have an impact on the drainage into the pond or your property. A pipe will divert runoff the Said Basin depicted on the plan, where it will be held for a period of time and released into the pond. Sawari Siddiqui owner of 14 Almeda Street spoke in support of having a single family home build and the road being extended to allow other people who own property upward of the current project the opportunity to develop they property in the future. • Anthony Giacalone addressed the commission and stated that he had no intention to widen the roadway; the city has required the changes. He stated that he has developed land for a long time and just wants to do the right thing. He stated that he signed an agreement with the City Engineer to widen the roadway and extent utilities and I am just building per the agreement. Councilor O'Leary stated that he just wants the resource area protected. He mentioned that there is a spring that connects to the hydrologic area and questioned why runoff should drain into the pond. David Pabich replied that the Commission would review the project and ensure that the resource area is protected. Mr. LaTarte stated that he is glad to see a single-family home locate on the property. He mentioned that he also owns land further up the unimproved portion of Almeda Street. He questioned that the applicant is responsible for tying into the City water or responsible for installing a water main and running water up the street per the Superseding Order of Conditions from the State. He recalled that the rationale for this was so that property owners in the area can stop drilling for wells. Chairman Cornacchio addressed the public and stated all questions have to be related to the widening of the roadway and the not the utilities. An agreement was reached between the developer and the City Engineer and the details of that agreement regarding utilities we cannot answer and are not in the purview of the • Commission. Chairman Cornacchio requested that the hearing be continued to January 13`", 2005. 6 • Mr. Bigelow asked the Commission if they needed anything else before the next hearing. Chairman Cornacchio said that the commission needs a replication plan from a wetlands scientist. Mr. Bigelow agreed that he would have a replication plan for the commission before the next hearing date. Chairman Cornacchio requested that a site visit be scheduled for Dec. 11, 2004 at 1:00 pm and the public is welcome to attend. The motion to continue the public hearing to January 13, 2005 was made by Keith Glidden and seconded by Joe Furnari. Old/New Business There being no further business to come before the Commission this evening a motion was made by David Pabich to adjourn the meeting, seconded by Joe Furnari and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: • Eileen M. Sacco, Clerk Salem Conservation Commission CC120904 • 7 CITY OF SALEM "MA �v CITY OF SALEM CLERH'S,OFFI:CE ' CONSERVATION COMMISSION 1004. nFr pA�.�_ NOTICE OF CANCELLATION OF MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled to be held on Thursday, December 23, 2004, at 6:00 PM in City Hall Annex, Room 313, 120 Washington Street has been cancelled. The next scheduled Conservation Commission meeting will be held on Thursday, January 13, 2005. AinP. Cornacchio Chairman • This notice posted on "Official Bulletin Bo r " ..Pity Hall Ave., Salem, Mass. on C C 10• A In &000MW�e he$. 23A f B .at M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM fin Q r�