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2005-CONSERVATION COMMISSION 0 �v CITY OF SALEM CONSERVATION COMMISSION You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meetings for 2005 at 6:00 PM, in City Hall Annex, Room 313, 120 Wington Street. A • raccC""vin P. o Chairman ✓Thursday, January 13, 2005 ✓fpursday, September 8, 2005 ✓Thursday,January 27, 2005 LThursday, September 22, 2005 ✓Thursday, February 10, 2005 t/ ursday, October 13, 2005 Can�tll<d t;. hursday, October 27, 2005 '/Thursday, March 10, 2005 thry;Neve�er-lA�3A0� v4hursday, March 24, 2005 eS Itl b ��Q"+6H ,T, �.0o6 \,/Thursday, April 14, 2005 vl'hursday, December 8, 2005 v4rhursday, April 28, 2005 1/Thursday, May 12, 2005 ✓Thursday, May 26, 2005 _ 0 r� C= m Thursday,June 9, 2005 rnAo T , C avwe/�r� — Uj cn O ND Mr D s .Thursday,July 14, 2005 op ". m /Thursday,July 28, 2005Ln D This notice Oficial Bulletin Board'" August- No Meetings posted On " CitYll at �V " Salem, k4ass. on 23A Tit sof wd�G.L. d >ia1DEC I• %"Nam 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM • SALEM CONSERVATION COMMISSION 2005 Meeting Attendance MEMBER ATTENDANCE Kevin Cornacchio, Chairman Jan O O Feb 0 X Mar 0 O Apr O 0 May 0 O TERM EXPIRATION: 7/1/2006 Jun 0 X Jul 0 0 Sep 0 0 Oct 0 0 Nov® Dec 0 3oseph Furnari, Vice Chairman Jan 0 0 Feb 0 X Mar 0 0 Apr 0 0 May O TERM EXPIRATION: 7/1/2006 Jun 0 X Jul 0 0 Sep 0 0 Oct 0 0 Nov 0 Dec 0 David Pabich Jan 0 O Feb O X Mar O 0 Apr 0 0 May 0 0 TERM EXPIRATION: 3/1/2008 Jun 0 X Jul 0 0 Sep 0 0 Oct 0 0 Nov 0 Dec Keith Glidden Jan 0 0 Feb O X Mar 0 0 Apr 0 O May 0 0 • TERM EXPIRATION: 3/1/2007 Jun 0 X Jul 0 0 Sep 0 0 Oct 0 0 Nov 0 Dec 0 Michael Blier Jan 0 0 Feb O X Mar 0 0 Apr O 0 May 0 0 TERM EXPIRATION: 7/1/2006 Jun 0 X Jul 0 ® Sep 0 0 Oct 0 0 Nov 0 Dec 0 Kevin Carr Jan 0 0 Feb O X Mar 0 0 Apr 0 0 May O TERM EXPIRATION: 2/1/2008 Jun O X Jul 0 0 Sep 0 0 Oct 0 0 Nov 0 Dec 0 Eileen Sacco, Clerk Jan 0 0 Feb 0 X Mar 0 0 Apr 0 0 May 0 Jun 0 Xi Jul 0 0 Sep 0 0 Oct 0 0 Nov 0 Dec 0 • 0 =Present 49 =Absent X=Meeting Cancellation CU CITY OF SALEM CONSERVATION COMMISSION J l� NOTICE OF MEETING 0 0 You are hereby notified that the Salem Conservation Commission will hold its regularly schedula�tnecting r"v on Thursday, January 13, 2005 at 6:00 p.m. in Room 313 at City Hall Annex, 120 Washingtoltreet. l�� - evm rnacchioa P. Co , Chairman Tentative Agenda: 1. Meeting Minutes—December 9, 2004 Z Old/New Business—Review&Comment—Mass Highway 100%design plans for the Bridge Street Bypass Roadway. • 3. Continuation of Public Hearing—Notice of Intent—DEP #64-382—Giacalone Construction Co. Inc, 95 Rear Maplewood Avenue, Gloucester, MA 01930. The purpose of this hearing is to discuss the proposed extension of Ahneda Street and the filling and replication of B V W at 12 Almeda Street. 4. Public Hearing—Request for Determination of Applicability—Douglas&Jean Karam,91 Essex Street, Salem,MA 01970. The purpose of this hearing is for a determination regarding the addition of an existing porch within a Buffer Zone to a Coastal Bank at 25 Winter Island Road. 5. Public Hearing—Notice of Intent—Michael Rygeil, 703 Lowell Street,Peabody,MA 01960. The purpose of this hearing is to discus the stabilization and extension of a riprap slope and the restoration of a concrete bulkhead wall along a portion of the North River at 43-45 March Street. 6. Public Hearing—Notice of Intent—Ward Two Social Club, 1-3 East Collins Street, Salem, MA 01970. The propose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and maintenance paving of a pre-existing asphalt parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1-3 East Collins Street. This notice posted on 'Official �tilletln �oetrB"' City Hall AV®., Sal1svt, bass. on 11py 1 at /ai/GG /,W in accordance with Ctiep. mac. • 23A & 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, January 13, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, January 13, 2005 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 and Eileen Sacco, Clerk. Members Absent: David Pabich Approval of Minutes The minutes of the Conservation Commission meeting held on December 9, 2004 were presented for approval. Keith Glidden moved to approve the minutes as amended, seconded by Joe Furnari and approved. Review and Comment on the Massachusetts Highway Department 100% Plans for the Bridge Street Bypass Road City Planner Lynn Duncan addressed the Commission and noted that condition #7 of the Conservation Commission approval for the Bridge Street Bypass Road was that • the Commission would have additional review of the plans at 75% and 100% completion of the plans at least one month before the commencement of construction. She explained that the Planning Department has reviewed the 100% plans and are seeking input from the Conservation Commission at this time. She noted that this is not a formal public hearing but she felt that this is a good opportunity to bring this to the Commission for comment. Rebecca Longley, the Planning Department Environmental Planner addressed the Commission and reviewed the history of the Bridge Street Bypass Road. She noted that the plan has a long history and explained the process of review of the plans. Chairman Kevin Cornacchio opened the meeting up for public comment at this time. Jim Treadwell of Felt Street addressed the Commission and noted that he is a certified planner and he has had an interest in this project since the late 1980's. He asked if the Conservation Commission reviewed the plans at 75% completion and if they have a record of that. Kevin Cornacchio reported that the last review of the plans by the Commission was in December of 2002. Mr. Treadwell also noted that he attended a meeting at DEP at which former Conservation Administrator Don Cefalo represented the city. He also stated that he would like to see a review of the impact of the road since things have changed since 1993, which is the last time any data was looked at regarding wildlife. He stressed that the lack of recent data is a concern. Pat Donahue of 12 Dearborn Lane addressed the Commission and stated that she is • concerned about any landfill for the ballast wall. Becky Longley explained the MBTA maintenance process for the resurfacing of the tracks and the replacement of ballasts. 1 • Lynn Duncan noted that the 100% plans show the ballast retaining wall and the location of it. Ms. Donahue asked how long the length of track is that will be moved. Becky Longley estimated that it is 250 feet in length. Ms. Donahue also expressed her concern about the wildlife in the area noting that she would hate to see anything happen to them. Kevin Cornacchio noted that the river has been cleaning up itself and things are going well. Barbara Warren addressed the Commission and expressed her concern about the retaining wall and the delineation of the salt marsh. She questioned if it is structural or to prevent erosion. Becky Longley explained that the retaining wall is structural. Jim Treadwell stated that he is concerned about the health of the salt marsh and noted that there are a lot of ballast's in the salt marsh. Lynn Duncan stated that Mr. Treadwell had spoken with her earlier regarding the ballast's being in the resource area and suggested that the MBTA be contacted regarding this matter. She noted that it is an issue if there is a significant amount of ballast's in the resource area. She gave Kevin Cornacchio the name of the contact person and suggested that the Commission write a letter regarding this matter. Kevin Cornacchio stated that the Commission would write a letter and set up a meeting with the MBTA. • Kevin Cornacchio suggested that the Commission hold a site visit. Mr. Treadwell showed the Commission photographs that showed the power lines and stated that he would like to see how they handled the utilities on the plan. He also noted that what the Commission approved is very different from the 100% plans that have been presented. He questioned the adverse effect on the wildlife the plans would have and suggested that a barrier be considered. He also noted that there has been a change in the plans due to the Carlton School. Pat Donahue stated that she hopes that the Commission will make sure that a thorough review of the project is done to ensure the best interest of the waterway. Mr. Treadwell brought up the fact that there may be two 100% plans - dated February 26, 2004 and these referenced in the Army Corp of Engineering as April 2004. Kevin Cornacchio suggested that the Commission hold a site visit on Saturday morning and meet at March Street. Frank Taormina will contact David Pabich and inform him of the site visit. Lynn Duncan offered to have Massachusetts Highway Department be present at a Conservation Commission meeting to address any unanswered questions. Lynn Duncan thanked the Conservation Commission on behalf of Jim Treadwell for taking the time to review this matter. • 2 • Public Hearing - Notice of Intent - Ward II Social Club- 1-3 East Collins Street, Salem MA. - After the Fact Conversion of 2,280 S F of Parking Area to Lawn and Maintenance Paving of Parking Area Within a Buffer Zone Kevin Cornacchio read a letter from Atty. Scott Grover requesting that the matter be continued to January 27, 2005. Joe Furnari moved to continue the public hearing for the Ward II Social Club to January 27, 2005, seconded by Keith Glidden and approved. 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 reported that they have contacted Bill Manual and have discussed the scope of work and the fee for the replication methodology and are finalizing a contract. He explained that due to the rising level of Andy's pond, which has risen 4-6 inches since December the replication is impacted. He also noted that the silt barrier has been impacted as well. He also explained that they are proposing to work with Mr. Manual to determine the cause of the pond rising so rapidly. He stated that they would include Frank Taormina in their discussions. Mr. Bigelow requested that the matter be continued to January 27, 2005. Kevin Cornacchio addressed Mr. Bigelow and noted that the Commission issued an enforcement order and requested that the hay bales and the silt fence be repaired. • He noted that the applicant promised at the last meeting that it would be done and it never was done. Mr. Bigelow stated that Mr. Manual advised against the repairs because he felt it would cause more damage by removing the hay bales due to the rising tidal level. Kevin Cornacchio stated that they should have contacted the Conservation Commission noting that they could have placed additional hay bales and a silt fence for protection. Michael Blier noted that some debris in the resource area was to be removed. Mr. Bigelow stated that some of the work was completed but they need to do more. Frank Taormina explained the process to Mr. Bigelow and noted that the next step is for the Commission to contact DEP and enforce fines that will be imposed. Kevin Cornacchio stated that he wanted this taken care of the Monday after the Commission visited the site because of the erosion concern and that was a month ago. Mr. Bigelow stated that he would talk to Mr. Giacalone tomorrow and see that it gets done. Kevin Cornacchio stated that he would like an answer by tomorrow at 11:00 a.m. and be notified when the work will be done and when it is completed. He stressed that the only work to be done on the site is the work that will bring the site into compliance with the enforcement order. Joe Furnari moved to continue the matter to January 27, 2005, seconded by Michael Blier and approved. Public Hearing - Request for Determination of Applicability - Douglas and Jean • Karam - 25 Winter Island Road - Addition of Existing Porch within a Buffer Zone to a Coastal Bank 3 Atty. Scott Grover addressed the Commission and explained that Mr. Karam recently purchased the property at 25 Winter Island Road and is in the process of doing major reconstruction of the property. He explained that they are proposing to expand an existing porch and the work requested involves footings for sonar tubes for the proposed deck. Joe Furnari asked if the footprint would remain the same. Atty. Grover stated that the footprint would remain the same and they would also be removing some scrub rag trees on the site. Mr. Karam explained that the trees are overgrown noting that the previous owner did not keep up with them and it is overgrown. 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. Joe Furnari moved to close the public hearing, seconded by Keith Glidden and approved. Joe Furnari moved to issue a negative determination 3, for 25 Winter Island Road, seconded by Keith Glidden and approved unanimously. Public Hearing - Notice of Intent - Michael Rygeil - 43-45 March Street - Stabilization and Extension of a Rio Rap Slooe and the Restoration of a Concrete Bulkhead Wall Along a Portion of the North River Mr. Rygeil showed the Commission photographs of the area, which show the • disrepair of the bulkhead wall and riprap wall. He stated that his only intention is to make the area more appealing and the work will have no significant impact on the area. Kevin Cornacchio stated that he would like to see the concrete truck kept away from the structure. Joe Furnari questioned how long the work would take to complete. Mr. Rygeil stated that it should take about two weeks to complete. Kevin Cornacchio suggested that the Commission visit the site prior to approving this application. The Commission scheduled a site visit for Saturday, January 15, 2005 at 7:30 a.m. 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 continue the public hearing to January 27, 2005, seconded by Michael Blier and approved. Continuation of Public Hearing - 24 Saunders Street - Juliana Tache Kevin Cornacchio read a letter form Attorney Jack Keilty requesting that the public hearing be continued to February 25, 2005. Joe Furnari moved to continue the • Public Hearing to February 25, 2005, seconded by Michael Blier and approved. Old / New Business 4 • Frank Taormina updated the Commission on the MGL Ch 44 § 53G regulations that allow Conservation Commissions adopt guidelines to impose reasonable fees for the employment of outside consultants for specific expert services deemed necessary by the Commission to come to a final decision on am application submitted to the Conservation Commission. Frank Taormina informed the Commission that the Guidelines for Hiring Outside Consultants under MGL Ch 44 § 53G will be given to the commission to review before the next hearing date and reviewed/discussed/adopted at the next scheduled meeting. Kevin Cornacchio also suggested that the Commission think seriously about amending their bylaws as there is pending legislation to reduce the 100-foot buffer zone to 50 feet. 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 8:00 p.m. Respectfully submitted by: • Eileen M. Sacco, Clerk Salem Conservation Commission CC011305 • 5 CITY of SALEM. MA �v CITY OF SALEM CLERKS OFFICE CONSERVATION COMMISSION 1005 JAN N All: 01 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,January 27, 2005 at 6:00 p.m. in Room 13 at CityHall Annex, 120 Washington Street. Of 9 ;� Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Meeting Minutes—January 13,2005 • 2. Continuation of Public Hearing—Notice of Intent—Michael Rygeil, 703 Lowell Street,Peabody, MA 01960. The purpose of this hearing is to discus the stabilization and extension of a riprap slope and the restoration of an existing concrete bulkhead wall along a portion of the North River at 43-45 March Street. 3. Continuation of Public Hearing—Notice of Intent—Ward Two Social Club, 1-3 East Collins Street, Salem,MA 01970. The propose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and maintenance paving of a pre-existing asphalt parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1-3 East Collins Street. 4. Public Hearing—Notice of Intent—Dan Hibbard,AAA Tree Services,P.O.Box 1492,Saugus, MA 01906. The purpose of this hearing is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a Buffer Zone to an Inland Bank and BVW at 120 Swampscott Road. 5. Old/New Business This notlCO poeted on Official Bulletin Board" City bail Avs., Salem, Mass. on F4ro . :P9. t I�3� H11 a =da= VAth Com. 39 a 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, January 27, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, January 27, 2005 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. In the absence of Eileen Sacco, Clerk these proceedings were taped and transcribed by Eileen Sacco. Approval of Minutes The minutes of the Conservation Commission meeting held on January 13, 2005 were presented for approval. Keith Glidden moved to approve the minutes as amended, seconded by Joe Furnari and approved. Public Hearing - Notice of Intent - Ward II Social Club- 1-3 East Collins Street Salem. MA. - After the Fact Conversion of 2,280 S F of Parking Area to Lawn and Maintenance Paving of Parking Area Within a Buffer Zone Kevin Cornacchio read a letter from Atty. Scott Grover requesting that the matter be continued to February 10, 2005. • Joe Furnari moved to continue the public hearing for the Ward II Social Club to February 10, 2005, seconded by Keith Glidden and approved. Continuation of Public Hearing - Notice of Intent - Michael Rygeil - 43-45 March Street - Stabilization and Extension of a Rip Rap Slope and the Restoration of a Concrete Bulkhead Wall Along a Portion of the North River Mr. Rygeil addressed the Commission and explained the plans to David Pabich who was not present at the last meeting. He noted that they are proposing to clean up the wall and repair it to its original condition. Kevin Cornacchio noted that the Commission held a site visit on Saturday, January 15, 2005. He stated that the feeling of the Commission was that they agreed that the site needs immediate attention. He noted that he would like the concrete truck to come in from the street. Mr. Rygeil explained the materials and the process for construction of the riprap wall. He noted that he would be doing some hand excavation on the site and will be repairing the wooden curb and installing a guardrail on the site. He noted that the original design was pitching towards that water. Kevin Cornacchio noted that this is a good project and needs to be done. Kevin Cornacchio opened the hearing up for public comment at this time. He noted that there was no one present who wished to comment on the matter. • There being no further questions or comments regarding this matter, Joe Furnari moved to close the public hearing, seconded by Keith Glidden and approve. 1 • Joe Furnari moved to issue an Order of Conditions for 43-45 March Street - stabilization and extension of a riprap slope and the restoration of a concrete bulkhead wall along a portion of the North River, seconded by Keith Glidden and approved. David Pabich suggested a condition that spill kits will be available for all machinery used on site. Public Hearing - Notice of Intent - Triple A Tree Services - Dan Hibbard - Construction of Gravel Driveway and Associated Grading within a Buffer Zone at 120 Swampscott Road Joseph Orzel of Gulf of Maine Research addressed the Commission and explained the proposal for 120 Swampscott Road. He noted that Dr. Hugh Mulligan was in attendance this evening as well and the applicant is on his way. He reviewed the plans and noted that the applicant is proposing a circular driveway to and from Robinson Road and noted that the right of way continues around the site. He reviewed the plans and the location with the Commission. Mr. Orzel explained that the applicant is constructing a driveway and associated grading. He noted that there is a large wetland area southwest of the site and is noted on the plan. He noted that on the site there are two vegetated wetland areas that were delineated in late October or early November and located them on the plan. He also noted that the buffer zone is drawn on the plan from Robinson Road, but noted that a ditch that was created in 2001 alters that location in his opinion. He • showed photos of the area. Frank Taormina explained that this was brought to his attention earlier this year and he investigated it and notified DEP and they in turn investigated and determined, based on the mature vegetation, there is no violation because the incident happened more than five years ago A discussion was held on the boundary of the buffer zone and the location of the wetlands. Mr. Orzel noted that the buffer zone is drawn on the plan from the bank of the stream to the wetland boundary. He noted that the work proposed is a 25-foot wide driveway constructed of crushed stone or gravel to allow access for activities associated with the applicant's tree service. He also stated that he would be storing material there. He noted that there would be an area that would be lowered in elevation and explained the plan. He also noted that some blasting may be needed. Kevin Cornacchio asked if there was evidence of ledge up there. Mr. Orzel noted that it is hard to tell but the site has a history of disturbance, which was excavation for gravel mining. He noted that old topography maps indicate that the disturbance took place between 1930 and 1960. He explained erosion control measures that they have noted on the plans. Kevin Cornacchio asked if there was any flexibility on the location of the driveway, suggesting that they move it to the south a little. Mr. Orzel stated that there is an existing paved drive that services the site and the applicant is trying to align it to that. Hugh Mulligan stated that the applicant will be bringing logging trucks up there and he was trying to align the line of sight in case there are other trucks entering the site. • Michael Blier asked if there was a drainage strategy planned. Mr. Orzel stated that they do not have anything planned at present but they are considering grass swales. Michael Blier stated that he is concerned about the logging trucks etc. entering the 2 • site and the stockpiling of materials and the effect that would have on the drainage of the site. David Pabich agreed noting there would be an impact. He also noted that he is concerned about the wetlands and the elevations on the site. David Pabich asked who the owners of the property are. Mr. Orzel stated that Carmen and Angelo Mongello own the site. David Pabich asked if they owned the site during the time of the dispute and Mr. Orzel stated that they did own the property at that time. He noted that if something impacts your property you have to address that and they should have handled it then. Hugh Mulligan suggested that they could revise the plan to reflect the changes. Frank Taormina asked if the owners have been in contact with the Engineering Department to have the curb cuts etc. approved by them. David Pabich asked what the use of the property is. Frank explained that there is a mix of uses up there and explained that Engineering may recommend some action on the Robinson Road side of the site. Kevin Cornacchio suggested they get in touch with DEP. Frank noted that DEP is submitting the revised wetlands protection regulations that will be in effect March 1, 2005. He stated that the buffer zone would be reduced to 50 feet. He noted that the regulations and the forms should be available tomorrow. He stated that he will brief the Commission on that at the next meeting. • Kevin Cornacchio suggested the Commission hold a site visit. Kevin Cornacchio opened the hearing up for public comment at this time. Fred Hutchinson addressed the Commission and asked if this request was for the work that has already been done up there or notice of a new project in the area. Kevin Cornacchio explained that this is a request for the construction of a driveway off Robinson Road. Mr. Orzel explained the plans with Mr. Hutchinson. Mr. Hutchinson questioned the construction of the driveway on his property and explained the location of his property. Frank Taormina explained that he is aware of the other litigation in the area and noted that the applicant was advised to file a Notice of Intent with the Commission. Mr. Hutchinson expressed his concerns about what has been going on in the area. A discussion was held on whether or not Mr. Hutchinson was properly notified of this hearing. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to February 10, 2005, seconded by David Pabich and approved. Old / New Business Almeda Street • Frank Taormina informed the Commission that at the last meeting regarding Almeda Street the Chairman requested that the applicant inform the Commission when they were going to comply with the enforcement order. He noted that the applicant gave 3 • a timeline on how he was planning to comply with the order. He noted that he visited the site and reported on his findings. David Pabich asked if the stockpiled material issue was addressed. Frank noted that there was too much snow cover but he was able to see that most of the materials were moved. He noted that when the weather gets better they will inspect the area again. David Pabich noted that the pile of soil is a direct violation of stockpiling in the buffer zone and was addressed in the superseding order of conditions. Public Meeting with Algonquin Gas Frank Taormina informed the Commission that Algonquin Gas is holding a public meeting at the Bentley School of the gas line. Kevin Cornacchio noted that he would like to attend that meeting. Snow Disposal Kevin Cornacchio asked if any headway was made with Rockett Realty. Frank stated that Denise McClure, Deputy Director talked to Rockett Realty about the situation. He explained that they were stockpiling snow in a lot that they lease and the pile gave way and it landed in the South River. Frank also noted that the Planning Department is looking into how to handle this in the future to make sure that it doesn't happen again. He noted that there have been complaints that Shetland Properties have also been dumping snow into the South River as well. There was some discussion that Shetland has a large parking and room for snow storage, and • for them to be dumping into the South River in not expectable. Frank noted that he would follow up with the Deputy Director on Shetland Properties as well. Old Salem Greens David Pabich noted that there is a stream that comes out of Salem Woods and runs through the golf course at Old Salem Greens and explained that he is concerned that there was some cutting of trees in the buffer zone. He suggested that they be invited to come before the Commission to discuss the maintenance of their property. He noted that the use of fertilizers etc. should be addressed. There being no further business to come before the Conservation 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 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CCO12705 • 4 ° CITY OF SALEM: MA �v a CITY OF SALEM CLERK'S OFFICE CONSERVATION COMMISSION IU�S FFR -A o NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 10, 2005 at 6:00 pm at City H 1 Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Meeting Minutes—January 27,2005 2. Old/New Business—Continuation of Discussion—Diane Madden from the Mass Highway Department and Maryann Magner&Frank Astone from Edwards and Kelcey Engineering Consulting will discuss the 100%Design Plans for the Bridge Street Bypass Roadway. I � • 3. Public Hearing—Discuss& Vote—Adoption of M.G.L. 44 § 53G—Guidelines for Hiring Outside Consultants lh 4. Continuation of Public Hearing—Notice of Intent—DEP#64-382—Giacalone Construction Co. °off 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 Bordering Vegetative M bo Wetland at 12 Almeda Street. C 0I,q 5. Continuation of Public Hearing—Notice of Intent—DEP #64-383—Ward Two Social Club, 1-3 U East Collins Street, Salem, MA 01970. The propose of this hearing is to discuss the after-the-fact to r conversion of 2,280 sq. ft. of parking lot to lawn and maintenance paving of a pre-existing asphalt o — parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1-3 ®®® East Collins Street. U N X 6. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree - 8 Services,P.O. Box 1492,Saugus, MA 01906. The purpose of this hearing is to discuss the proposed o (D construction of a gravel driveway to Robinson Road and associated grading within a Buffer Zone to an -0 m a(7 Inland Bank and BVW at 120 Swampscott Road. ®� 2* o - , 7. Public Hearing—Notice of Intent—Roberta Ellis, Aggregate Industries, 1715 Broadway, Saugus, CLO MA 01906. The purpose of this hearing is to discuss the removal of stockpiled material and the •I\e stabilization of a disturbed slope within a Riverfront Area and a Buffer Zone to a BVW at 115 h Swampscott Road. —t a(� WASHINGTON STREET, SALEM, MASSACHUSETTS 01'970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM F • Salem Conservation Commission Minutes of Meeting Thursday, February 10, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, February 10, 2005 at 6:00 p.m. in the third Floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Joe Furnari, Michael Blier, David Pabich and Keith Glidden. Also present was Conservation Administrator Frank Taormina. Members Absent: Kevin Cornacchio Approval of Minutes The minutes of the Conservation Commission meeting held on January 27, 2005 were presented for approval. Keith Glidden moved to approve the minutes as submitted, seconded by Joe Furnari and approved. Public Hearina - Notice of Intent - Giacalone Construction Company - Proposed Extension of Almeda Street and the Filling and Replication of BVW at 12 Almeda Stre Joe Furnari read a letter from Stan Bigelow requesting that the matter be continued to March 10, 2005. David Pabich moved to continue the public hearing for the Ward II Social Club to March 10, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Ward II Social Club- 1-3 East Collins Street Salem MA - After the Fact Conversion of 2.280 S F of Parking Area to Lawn and Maintenance Paving of Parking Area Within a Buffer Zone Joe Furnari read a letter from Atty. Scott Grover requesting that the matter be continued to February 24, 2005. David Pabich moved to continue the public hearing for the Ward II Social Club to February 24, 2005, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Triple A Tree Services - Dan Hibbard - Construction of Gravel Driveway and Associated Grading within a Buffer Zone at 120 Swampscott Road Joe Furnari read a letter from the applicant requesting that the public hearing be continued to February 24, 2005. David Pabich moved to continue the public hearing for the Triple A Tree Services to February 24, 2005, seconded by Keith Glidden and approved. • 1 • Old / New Business Continuation of Discussion on 100% Design Plans for the Bridge Street BVDass Road Diane Madden of Mass Highway addressed the Commission and explained that Lynn Duncan invited her and Mary Ann Magner of Edwards and Kelsey to answer questions to concerns raised at the last discussion of the 100% plans for the Bridge Street Bypass Road. She introduced Maryann Magner to address the Commission. Ms. Magner addressed the Commission and explained that further investigation of the area revealed a salt marsh adjacent to the proposed bypass road. She showed the Commission photos of the area and explained the location. Ms. Magner also addressed concerns raised at the last discussion of the bypass road concerning: The Value of the Barrier: Ms. Magner stated that the construction of the barrier will impact the salt marsh but noted that the presence of Black Ducks and Canadian Geese which come and go depending on the plant material there would not be bothered. She particularly noted that the animals are not bothered by the presence of vehicles or trains and a wall would be less attractive and more confining for wildlife. Boulders: Ms. Magner stated that at the agency kick off meeting the salt marsh • expert could not tell if the salt marsh was on the way out or in. She noted that it is nice to see that over the years the salt marsh has held its own. She also noted that the North River Canal is cleaner due to local and state level action. Ms. Magner also noted that the MEPA Review did a re-evaluation and there were no increases in impact noted, although additional studies may need to be done. Keith Glidden asked to have the proposed location of the ballast retaining wall explained. Ms. Magner stated that it is above the mean high water line and noted the location on the plans. 'Joe Furnari opened the meeting up for public comment at this time. Pat Donahue of Dearborn Lane addressed the Commission and expressed her concern about waterfowl not being affected by the construction. She stated that she felt it would be a dramatic change to the area and they would be affected. She also expressed concern about the use of salt in the winter. Ms. Magner stated that the plants present on the site are salt tolerant plants and that section of the river is still tidal, noting that if it were fresh water it would be a problem. She also noted that the animals that inhabit this area adapt to extreme conditions and the species there are hearty so she does not think there will be a problem. She further noted that from her experience birds quickly adapt to roadways and noise and are not bothered by that as much as people bother them. Mr. Martin of Federal Street addressed the Commission and expressed his concerns about the height of the ballast retaining wall, noting that the protective barrier may • spook the birds. He noted that during high tide there is a lot of wave action that would be amplified by the barrier. He wondered if some other structure would be more conducive. Ms. Magner explained the components of the structure and noted 2 • the exposure to the marsh in a long fetch. She also noted that the slope of the surface that is irregular would absorb the wave. Sally Wilson, Co Chair of the Northfield Neighborhood Association addressed the Commission and expressed her concern that the health and vitality of the North River be maintained during construction. Frank Taormina explained that the Order of Conditions requires the presence of an environmental monitor and that regular reports be submitted to the Conservation Commission. Barbara Warren of Salem Sound Coastal Watch addressed the Commission and requested that the ballast's be maintained. David Pabich suggested that if Salem Sound has concerns they relay them to the Conservation Commission so that the Commission can follow up on them. Jim Treadwell of Felt Street addressed the Commission and expressed his concerns about the Railroad shift to accommodate the road in the area of Northey and Thorndike Streets. He noted that if there is something regarding change in the Order of Conditions it should be addressed in their plans. He questioned if the plans referenced in the Order of Conditions are the 1991 submission or the 100% plans received in 2004. He further noted that any changes require that a new Notice of Intent be filed to determine if substantial changes have been made to the plans. Mr. Treadwell asked if the Commission received a new Notice of Intent and has Mass Highway inquired to the Commission if the changes are considered substantial. • Keith Glidden noted that the proposed changes are lessening the impact to the area and the Commission typically would not consider a lessening of impact a substantial change. Mr. Treadwell stated that the Commission is supposed to be concerned with adverse and lessened Impacts. Ms. Magner stated that when the Order of Conditions was approved the bypass road was conceptual and it was a given that there would be changes. She noted that the 75% plans were completed in March of 2002 and the 100% plans were completed in June of 2004. Lynn Duncan noted that if there were issues that should have been picked up in the review of the 75% plans that is a moot point right now and we have the opportunity for review-and comment of the 100% plans. Diane Madden of Mass Highway reviewed the process used to define the salt marsh and noted that meetings were held and Mass Highway put the project on hold. She noted that there was no action for the Conservation Commission to take at that time. Mr. Treadwell noted that the 100-year flood plain will have activity and asked if a flood plain study has been done. He noted that there could be new data for the Commission to look at. He also noted that the Rivers Protection Act applies to up to 200 feet of this project and that it would require an alternatives analysis. He also noted that he is concerned about the impact on Fin Fish and Shell Fish. Ms. Magner stated that those requirements refer to new development and would not • apply in this case because this is a developed area in the riverfront. She also noted that any project with an EIR is exempt if it was approved prior to the enactment of the Rivers Protection Act. 3 • Ms. Magner also noted that the noise barrier from March Street to Northey Street has been eliminated from the plan. Joe Furnari reviewed the Order of Conditions granted in 1991 and noted that the Commission is charged with reviewing and commenting on the 100% plans. He thanked those present for their participation and comments, and noted that this is not a public hearing. David Pabich moved to accept the review of the 100% plans for the Bridge Street Bypass Road, seconded by Michael Blier and approved (4-0). David Pabich noted that he would like to see language specific to the construction of the ballast retaining wall and the possibility of some form of dissipater at the foot of the slop to decrease the potential wave action. Frank Taormina reiterated that there would be environmental monitoring during construction and regular reports would be submitted to the Commission. Following the construction of the retaining wall the Conservation Agent will inspect to see if riprap or some other form of dissipater will be necessary, to avoid wave action and disturbance of the salt marsh. Review of Guidelines for Hiring Outside Consultants Frank Taormina reviewed the proposed Guidelines for Hiring Outside Consultants. • City Planner Lynn Duncan reviewed the procurement procedures the City follows with the Commission. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to adopt the guidelines for the hiring of outside consultants, seconded by David Pabich and approved (4-0). Public Hearing - Notice of Intent - Roberta Ellis. Aggregate Industries - Stabilization of a Disturbed Slooe Within a Riverfront Area and a Buffer Zone to a Bordering Vegetated Wetland at 115 Swampscott Road Vice Chairman Joe Furnari noted that the applicant was not present at the meeting. David Pabich moved to table the application and the opening of the public hearing to the next meeting on February 24, 2005, seconded by Keith Glidden and approved. DEP Training on New Regulations Frank Taormina informed the Commission that the Wetlands Protection Act has been revised and will be effective on March 1, 2005 and that the DEP would be holding training sessions on the revised Wetland Protection Act on February 22, 2005. There being no further business to come before the Conservation Commission this evening a motion was made by David Pabich to adjourn the meeting, seconded by Joe Furnari and approved. • 4 • The meeting was adjourned at 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CCO21005 • • 5 CITY OF SALEM CONSERVATION COMMISSION Conservation Commission meeting scheduled "for today Thursday, February 24", 2005 at 6PM has been CANCELLED v The next scheduled meeting willbe held on March 10`x', 2005 at 6PM We apologize -for any inconvenience a 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM 7 CITY _r cAL CITY OF SALEM CHER'( S OFF CE A CONSERVATION COMMISSION ' 7�OS FEB 22 ,4 � ►A NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,February 24,2005 at 6:00 pm at City Hall Annex,Room 313, 120 Washington Street. • AvP Cornacchi0, Chairman Tentative Agenda: 1. Meeting Minutes—February 10, 2005 2. Continuation of Public Hearing—Notice of Intent—DEP #64-386—Roberta Ellis, Aggregate • Industries, 1715 Broadway, Saugus, MA 01906. The purpose of this hearing is to discuss the removal of stockpiled material and the stabilization of a disturbed slope within a Riverfront Area and a Buffer Zone to a BVW at 115 Swampscott Road. 3. Request to Extend Order of Conditions—DEP#64-333—The City of Salem requests a three-year extension permit to complete maintenance dredging of the Federal Entrance Channel located in Salem Harbor. 4. Request for Certificate of Compliance—DEP#64-251—DEP#64-297—Massachusetts Electric Company, Waite Street & Planters Street S. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward Two Social Club, 1-3 East Collins Street, Salem, MA 01970. The purpose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and maintenance paving of a pre-existing asphalt parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1-3 East Collins Street. 6. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree Services, P.O. Box 1492, Saugus, MA 01906. The purpose of this hearing is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a Buffer Zone to an Inland Bank and BVW at 120 Swampscott Road. • 7. Public Hearing—Notice of Intent—DEP #64-387—Salem State College, 352 Lafayette Street, Salem, MA 01970. The purpose of this hearing is to discuss turf renovations and related improvements to the existing Alumni Athletic Field at 225 Canal Street. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALEM.COM v 8. Public Hearing—Notice of Intent—Lionell Pelletier, 173 Ocean Avenue,Salem,MA 01970. The purpose of this hearing is to discuss the construction of a single-family dwelling&driveway within a Buffer Zone to an Inland Bank at 7 Brook Street. 9. Public Hearing—Request for Determination of Applicability—Massachusetts Bay Commuter Railroad, 32 Cobble Hill Road, Somerville, MA 02143. The purpose of this hearing is for a determination of work related to vegetation control along the Mass Bay Commuter Rail right-of- way. 10. Old/New Business • Yhls rloi�c® Roiged on "®f4fici�l �ulletFrt � �° Ci9y Hall AV®., Sal9m, r ass. WM on �a at �� 3� 04 M�G. �' • o LIPi'Y OF SALEM, MA CITY OF SALEM CLERK'S OFFICE CONSERVATION COMMISSION 1005 MAR -1 A q: pp NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, March 10, 2005 at 6:00 pm t City Hall Annex, Room 313, 120 Washington Street. evin P. Coech(i ; Chairman Tentative Agenda: 1. Meeting Minutes—February 10, 2005 2. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree Services, P.O. Box 1492, Saugus, MA 01906. The purpose of this hearing is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a Buffer . Zone to an Inland Bank and BVW at 120 Swampscott Road. 3. Continuation of Public Hearing—Notice of Intent—DEP#64-382—Giacalone Construction Co. Inc,Rear 95 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 Bordering Vegetative Wetland at 12 Almeda Street. 4. Request to Extend Order of Conditions—DEP#64-333—The City of Salem requests a three-year extension permit to complete maintenance dredging of the Federal Entrance Channel located in Salem Harbor. 5. Request for Certificate of Compliance—DEP#64-251 &DEP#64-297—Massachusetts Electric Company, Waite Street & Planters Street. 6. Continuation of Public Hearing—Request for Determination of Applicability—Massachusetts Bay Commuter Railroad,32 Cobble Hill Road,Somerville,MA 02143. The purpose of this hearing is for a determination of work related to vegetation control along the Mass Bay Railroad right-of- way. 7. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward Two Social Club, 1-3 East Collins Street, Salem, MA 01970. The purpose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and maintenance paving of a pre-existing asphalt • parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1-3 East Collins Street. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM CITY OF SALEM, MA CLERK'S OFFICE 1005 MAR -I A 9: 00 8. Continuation of Public Hearing—Notice of Intent—DEP #64-386—Roberta Ellis, Aggregate Industries, 1715 Broadway, Saugus, MA 01906. The purpose of this hearing is to discuss the removal of stockpiled material and the stabilization of a disturbed slope within a Riverfront Area and a Buffer Zone to a BV W at 115 Swampscott Road. 9. Public Hearing—Notice of Intent—DEP #64-387—Salem State College, 352 Lafayette Street, Salem, MA 01970. The purpose of this hearing is to discuss turf renovations and related improvements to the existing Alumni Athletic Field at 225 Canal Street. 10. Public Hearing—Notice of Intent—DEP#64-388—Lionell Pelletier, 173 Ocean Avenue,Salem, MA 01970. The purpose of this hearing is to discuss the construction of a single-family dwelling& driveway within a Buffer Zone to an Inland Bank at 7 Brook Street. 11. Public Hearing—Notice of Intent—Bartlett&Steadman Development Corp,R 67 Village Street, Marblehead, MA 01945. The purpose of the hearing is to discuss the construction of 21 single- family dwellings and associated roadways and utilities for the Witch Hill Subdivision off of Durkin Road and Dell Street. • 12. Public Hearing—Notice of Intent—Mark & Sandra Connelly, 19 College Pond Drive, Danvers, MA 01923. The purpose of the hearing is to discuss the demolition of a 2-car garage and a portion of the existing house and the construction of a new addition and deck at 26 Hardy Street. 13. Public Hearing—Request for Determination of Applicability—Michael Rygiel, 703 Lowell Street, Peabody, MA 01960. The purpose of the hearing is for a determination of work related to the demolition of a single-story addition and replaced by a secondary point of egress for all three floors at 45 March Street. 14. Old/New Business This notice post.ed on "Official Bulle" Board° City HallAVG., S,9,iP;n, KESS. on Arg,?M 7 -�b(S at 9"o o N/J/ ifi accordance Vlith ChUp. �9 SM 23A & 23B of M.G.L. • Salem Conservation Commission Minutes of Meeting Thursday, March 10, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, March 10, 2005 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 and Eileen Sacco Members Absent: Kevin Carr, Jr. Approval of Minutes The minutes of the Conservation Commission meeting held on February 10, 2005 were presented for approval. Joe Furnari moved to approve the minutes as submitted, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Giacalone Construction Company - Proposed Extension of Almeda Street and the Filling and Replication of BVW at 12 Almeda Street Kevin Cornacchio read a letter from Stan Bigelow requesting that the matter be • continued to April 14, 2005. Joe Furnari moved to continue the public hearing for Giacalone Construction Company to April 14, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Ward II Social Club- 1-3 East Collins Street, Salem. MA. - After the Fact Conversion of 2.280 S.F. of Parking Area to Lawn and Maintenance Paving of Parkino Area Within a Buffer Zone Kevin Cornacchio read a letter from Atty. Scott Grover requesting that the matter be continued to March 24, 2005. David Pabich moved to continue the public hearing for the Ward II Social Club to March 24, 2005, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Triple A Tree Services - Dan Hibbard - Construction of Gravel Driveway and Associated Grading within a Buffer Zone at 120 Swampscott Road Kevin Cornacchio read a letter from the applicant requesting that the public hearing be continued to March 24, 2005. Joe Furnari moved to continue the public hearing for the Triple A Tree Services to March 24, 2005, seconded by Keith Glidden and approved. • • Request to Extend Order of Conditions - DEP file # 64-333 - City of Salem MA Kevin Cornacchio read a letter from the City of Salem Planning Department requesting a three-year extension for Order of Conditions #64-333 to complete maintenance dredging of the Federal Channel Entrance located in Salem Harbor. Joe Furnari moved to issue a three year extension for the City of Salem MA for Order of Conditions #64-333, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - DEP File #64-387 - Salem State College 352 Lafayette Street. Salem. MA. - Turf Renovations and Related Improvements to the Existing Alumni Athletic Field at 225 Canal Street Kevin Cornacchio recognized Ward Seven City Councillor Joseph O'Keefe to address the Conservation Commission at this time as he has a City Council meeting to attend. Councillor O'Keefe addressed the Commission and urged them to visit the site when the snow cover melts to review the area and the flooding problems. He also referred to a letter from Asst. City Engineer Joe Nerden and requested that his recommendations be incorporated into the decision. Councillor O'Keefe also expressed concern about the installation of a new 20-inch water main and the infrastructure noting that Ward Seven abuts the neighborhood and he is concerned about flooding. He also stated that he was surprised to learn that there is a city infrastructure under the existing field. • Mike Howard of Epsilon Associates addressed the Commission and explained the project. He explained the location of the project and the existing conditions. He noted that they have been working with Joe Nerden to address his concerns. Meg Patterson of Geliar Sports addressed the Commission explained the proposal to replace the natural grass field with synthetic turf which will reduce the overall impervious surface. She also explained the drainage for the site and noted that half of the drainage will go to the storm drain and the other half will go through a controlled outlet and into the wetland. Ms. Patterson also explained that they are proposing to move the sewer line and drain line and extend the pipe as well as add a manhole for city access. She noted that the only change would be the location of the manhole and the water will go right through the field and collect in the flat pipes. Imad Zrein, Engineer of Gellar Sports addressed the Commission and explained that the 12-storm drain within the system will retain the water and reduce the peak flow of runoff by having stone within the field to retain the runoff. Ms. Patterson showed the Commission a sample of the synthetic turf and explained the construction of it as well as the system. She also reviewed data on the percolation rate. Kevin Cornacchio asked if they are planning to do a photo identification of the pipes. Ms. Patterson stated that they are planning to video the pipe. Ward Five Councillor Matt Veno addressed the Commission and noted that he has • had complaints about flooding from residents at the base of the hill at Charles Street and the intersection of Pacific Street. He also stated that he is concerned about the drainage in both directions. Mr. Howard noted that presently the drainage is split 2 • between the wetland and the city storm drain and they designed the new system that way because the drainage is presently split. Ward Two Councillor Mike Sosnowski addressed the Commission and stated that his concern is for the residents of the ward three area and the problems that they have had over the years with flooding. He stated that he is concerned that this would add to an already bad situation in that area. Councillor Sosnowski stated that while he supports the improvements to the athletic fields he does not want Jefferson Avenue to be susceptible to further damage as a result. He also stated that he thinks that the statement "less water to the system" is not a logical statement and he thinks that the water will increase. David Pabich noted that this area is hydraulically lower and flat and expressed concerns about the drainage. Mr. Howard explained the route of the proposed drainage. David Pabich noted that they are saying that there will be the same conditions there that exist today except for the storage of the water before it is released to the wetlands. Kevin Cornacchio opened the hearing up for public comment at this time. Councillor Veno stated that he wants to be sure that there is no increase or worsening of the conditions that exist now and no additional downstream flooding. Mr. Howard stated that their task is to comply with the Wetlands Protection Act Performance Standards with regards to the wetlands and stormwater management. • He noted that the pre and post development runoff rate will not make the conditions in the area worse that it already is. Councillor Veno noted that the flooding problems on Canal and Forest Street are the result of the construction of the parking area of the O'Keefe Center, noting that is a former swamp. He also noted that Salem State College have been good neighbors on other projects and have been generally eager to work with the city. He also noted that the College has an obligation to review the scope of the flooding and the impact on the area from this project. He urged them to share the responsibility and to work with the city to resolve this problem. Councillor Veno closed his remarks by noting that his biggest concern is that we could find in two or three years that the flooding is worse. Carl Ingall of 30 Charles Street addressed the Commission and expressed his concerns about flooding. Marcia Lambert of 26 Charles Street addressed the Commission and expressed her concerns about flooding in her backyard. She also noted that water from Loring Avenue drains into he cellar. Jerry Blumenthal, Judith Nitsch Engineering addressed the Commission and explained that they analyzed the watershed and the drainage system. He noted that they are going to work with the city to try to determine the cause of the problem. He also noted that they concluded that the system is oversized and if the college did not add to it, it would still flood. He also stated that there needs to be global • measures to mitigate the problem. 3 • Polly Wilbur of the South Salem Neighborhood Association addressed the Commission and stated that this project will be paid from student activities fees at Salem State College. She also noted that the college pays no PILOT taxes to the city and is a burden. There being no further questions or comments regarding this matter, the Commission scheduled a site visit for March 19, 2005 at 9:00 a.m. Joe Furnari moved to continue the public hearing to March 24, 2005, seconded by Keith Glidden and approved. Request for Certificate of Compliance - Massachusetts Electric Company DEP File #64-251 and #64-297 Mr. Mark Mahoney addressed the Commission and explained that the Order of Conditions #64-251 expired and they refiled and were issued Order of Conditions #64-297. He reported that all of the work was done in compliance with the Order of Conditions and reports were filed with the Commission. Frank Taormina stated that he visited the site and all of the work was completed. He recommended that the Commission issue a Certificate of Compliance for DEP File #64-297 and to issue a Certificate for an Invalid Order for DEP File #64-251. Joe Furnari moved to issue a Certificate of an Invalid Order for DEP File #64-251, seconded by Keith Glidden and approved. • Keith Glidden moved to issue a Certificate of Compliance for DEP file #64-297, Massachusetts Electric Company, seconded by Joe Furnari and approved. Continuation of Public Hearing - Request for Determination of Applicability - Massachusetts Bay Commuter Railroad - 32 Cobble Hill Road Somerville MA - Work Related to Vegetation Control Along the Mass Bay Railroad Right of Way Wayne Duffett addressed the Commission and explained the RDA to approve the location of the markings for the system and noted that this is not wetland delineation. He explained the no spray zones and limited spray areas along the route and noted that they are using spraying materials from an approved list. He noted that sensitive area materials will be used in all areas. Frank Taormina noted that the original plan submitted shows the location of the track and this plan is clearer than the original plan submitted but it is the same plan. He recommended a negative determination #5. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Joe Furnari moved to issue a Negative Determination #5 for the Vegetation Control project along the Massachusetts Bay Railroad Right of Way, seconded by Keith Glidden and approved. • 4 • Continuation of Public Hearing - Notice of Intent - DEP File #64-386 - Aggregate Industries - 115 Swampscott Road, Salem, MA. - Removal of Stockpiled Material and Stabilization of Slope within a River Front Area and a Buffer Zone for a Bordering Vegetated Wetland Brad Washburn addressed the Commission and explained the revised project and the location of the site. He noted that the previous owner put landscaping debris on the site and it will be removed and the site will be returned to its natural state. He also noted that the project will not affect habitat or rare species and has a letter from?? Mr. Washburn stated that this is a proactive project that will resolve the illegal dumping problem reported on the property. He also noted that DeLisio Brothers has indicated that they want to do the right thing. He also noted that the property is presently leased by the City of Salem for the driving range. Kevin Cornacchio asked who is responsible to close the gate. He also asked if the path is wide enough for excavators to get in there. Kevin Cornacchio opened the hearing up for public comment at this time. Chuck Puleo of 5 Freeman Road addressed the Commission and questioned why the drainage goes into the meadow and noted that the area has been flooding since the reconstruction of the entrance. Frank Taormina stated that he would look at that. There being no further questions or comments Keith Glidden made a motion to close • the public hearing, seconded by Joe Furnari and approved. David Pabich moved to issue a standard Order of Conditions, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Lionel Pelletier - 7 Brook Street, Salem. MA - Construction of a Single Family House and Driveway within a Buffer Zone to an Inland Bank Atty. Steve Lovely addressed the Commission and explained the plans for the construction of a single-family dwelling and driveway at 7 Brook Street. He noted that they have been to the Planning Board and the Zoning Board of Appeal as well. Atty. Lovely explained the location of the proposed home as being on the opposite side of Brook Street from the brook. He noted that there will be no impact on the wetlands and further noted that an existing driveway will be removed for the backyard area of the proposed home. 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 Keith Glidden to close the public hearing, seconded by David Pabich and approved. • Joe Furnari moved to issue a standard Order of Conditions for 7 Brook Street, seconded by Keith Glidden and approved. 5 • Public Hearing - Notice of Intent - Bartlett and Steadman Development Corp - Construction of 21 Single Family Dwellings and Associated Roadways and Utilities for the Witch Hill Subdivision off Durkin Road and Dell Street Atty. George Atkins addressed the Commission and noted that Chris Mello and Jim McDowell of Eastern Land Survey are present as well. Atty. Atkins noted that the Commission approved the wetlands delineation for this property earlier this year. He also noted that the Planning Board approved the cluster development after several meetings of review on the proposal. He also noted that the Board of Health has reviewed the project as well. Atty. Atkins noted that the area consists of 12 acres, 5 of which are designated as open space. He noted that there will be a trail system around the project and the components of that will be determined by the wishes of the Conservation Commission. Atty. Atkins noted that the homeowners association will be responsible for the maintenance of the utilities. Atty. Atkins also explained that the plans call for the donation of a lot to the city adjacent to DiBiase Park as well as an additional lot for a play area in another location. Atty. Atkins explained the drainage system and noted that it goes out to Highland • Avenue. He also noted that a build up of silt and other materials has clogged the pipe and causes flooding and they are proposing an additional drainage facility off site to improve the flow to the wetlands near the Puleo property. Jim McDowell addressed the Commission and noted that the wetland resource area is noted on the plan. He explained that two areas are proposed to be filled on Nurse Way as shown on the plan and a replication area has also been submitted. Frank Taormina mentioned that in the Wetland Replication Plan, it calls for the uprooting and replanting of trees. He also stated that the Wetland Replication Plan lacks any mention of replacement of vegetation should, after two years, the transplanted vegetation not take hold. Mr. Taormina suggested that the applicant revise his Wetland Replication Plan to include a plan b should the transplanted vegetation not take hold. Jim McDowell noted that he and his client would revise there Wetland Replication Plan and submit that to the Conservation Agent. Jim McDowell noted that this filing only deals with the construction of the roadways and the drainage and they would be filing the house lots that are within the buffer zone at a later date. Jim McDowell noted that they factored in the impervious surface and the calculations for roof runoff. He also noted that as they come back with the lots for the homes they will also have more details as they establish a grading pattern. • 6 • Jim McDowell explained that the water main crossing would go through the resource area and they will make the crossing and stockpile the soil and replace it within a day or so. Keith Glidden noted that Mary Rimmer's report on the delineation of the wetland indicated an intermittent stream. Jim McDowell located the area on the plan. Atty. Atkins noted that Dell and Sable Roads are paper streets and as such the neighbors requested that it remain undeveloped. He noted that they have left that unconstructed and the Planning Board requested that they give up the rights to that area. Kevin Cornacchio opened the hearing up for public comment at this time. Chuck Puleo of 5 Freeman Road addressed the Commission and explained the history of the area and the flooding problems. He noted that the Conservation Commission has the ability to control the drainage and noted that the blocked pipes and inadequate drainage is the problem up there. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the Public Hearing to March 24, 2005, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Mark and Sandra Connelly - 26 Hardy Street • Salem, MA. - Demolition of Two Car Garage and a Portion of the Existing Home and the Construction of a New Addition and Deck David Jaquith addressed the Commission and explained the plans to demolish an existing two-car garage and portion of the existing home and to construct a new addition and deck at 26 Hardy Street. He explained that all the trees along Hardy Street and the ocean will remain and the trees to the right of the driveway will be removed. He also noted that the maple tree abutting the neighbors will stay. Kevin Cornacchio stated that the plan looks straightforward. He 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 Keith Glidden to close the public hearing, seconded by Joe Furnari and approved. Joe Furnari moved to issue a standard Order of Conditions for 26 Hardy Street, seconded by Keith Glidden and approved. Determination of Applicability - Michael Rvgiel - 45 March Street, Salem, MA. - Determination of Work Related to the Demolition of a Single Story Addition and Replaced by a Secondary Point of Egress 7 • Mr. Rygiel addressed the Commission and explained his plans to demolish a single story addition and replace a secondary point of egress at 45 March Street. He noted that the Commission has visited the site for previous approvals grants for 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 Joe Furnari to close the public hearing, seconded by Keith Glidden and approved. Joe Furnari moved to issue a negative determination #2 for 45 March Street, seconded by Keith Glidden and approved. Continuation of Public Hearing - 24 Saunders Street Kevin Cornacchio read a letter from Atty. Jack Keilty to continue the public hearing for 24 Saunders Street to May 26, 2005. Joe Furnari moved to continue the public hearing on 24 Saunders Street to May 26, 2005, seconded by Keith Glidden and approved. Old/New Business Frank Taormina informed the Commission that Mayor Stanley J. Usovicz has • appointed Kevin R. Carr Jr. to the Commission. Mr. Carr was unable to attend the meeting this evening but should be available as of the next meeting. Frank Taormina updated the Commission on the Bridge Street Bypass Road project. He mentioned that a letter was written to Mass Highway regarding the ballast wall and the possibility of riprap at the foot of that wall to dissipate wave action. Frank Taormina informed the Commission that the Chadwick Leadmills site was never issued a DEP file number for an ANRAD filing, until 6 months after the Commission closed the item contingent on receiving a DEP number. He noted that since he finally received the DEP number he could issue the ORAD for the project. He wrote a memo to the file outlining the details of the issue and that the onus is on DEP and not the Salem Conservation Commission. Frank Taormina informed the Commission of a collapsed sea wall on Green Street, which required emergency repairs. He explained that the he filed an Emergency Certification Forms with DEP and supplied them with appropriate photos and documentation of the collapsed sea wall. He mentioned that there is a minor dispute over who owns the seawall, but because this is a public heath and safety issue the City has intervened and has hired and is paying for the repairs. The City will be reimbursed for the cost once the owner has been identified. There being no further business to come before the Conservation Commission this evening a motion was made by David Pabich to adjourn the meeting, seconded by Joe Furnari and approved. • 8 • The meeting was adjourned at 9:35 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC031005 • 9 CITY OF SALEM, MA CITY OF SALEM CLERK'S OFFICE ' CONSERVATION COMMISSION .2005 MAR 21 A 4 01 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, March 24, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. A Cornacchio, Chairman Tentative Agenda: 1. Meeting Minutes—March 10, 2005 2. Continuation of Public Hearing—Notice of Intent—DEP #64-387—Salem State College, 352 Lafayette Street, Salem, MA 01970. The purpose of this hearing is to discuss turf renovations and related improvements to the existing Alumni Athletic Field at 225 Canal Street. • 3. Continuation of Public Hearing—Notice of Intent— DEP #64-391—Bartlett & Steadman Development Corp,R 67 Village Street,Marblehead,MA 01945. The purpose of the hearing is to discuss the construction of 21 single-family dwellings and associated roadways and utilities for the Witch Hill Subdivision off of Durkin Road and Dell Street. 4. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree Services, P.O. Box 1492, Saugus, MA 01906. The purpose of this hearing is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a Buffer Zone to an Inland Bank and BV W at 120 Swampscott Road. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward Two Social Club, l & 3 East Collins Street, Salem,MA 01970. The purpose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and repaving a parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1 & 3 East Collins Street. 6. Pubic Hearing—Notice of Intent—Paul Cassell, Cassell Builders, 11 Vassar Road, Marblehead, MA 01945. The purpose of this hearing is to discuss the construction of three single-family dwellings, a roadway and associated site grading, drainage, utilities, and stormwater management within a Buffer Zone to a Bordering Vegetated Wetland at 31 & 33 Cedarcrest Avenue. 7. Old/New Business This notice posted on "Official Bulletin Board" • City W ;AvB1 S n accot-Aass. on rdance with C Qp at . 39 23A A 338 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, March 24, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, March 24, 2005 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, Kevin Carr and Keith Glidden. Also present was Conservation Administrator Frank Taormina and Eileen Sacco Members Absent: David Pabich Approval of Minutes The minutes of the Conservation Commission meeting held on March 10, 2005 were presented for approval. Joe Furnari moved to approve the minutes as submitted, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Ward II Social Club- 1-3 East Collins Street Salem. MA. - After the Fact Conversion of 2,280 S F of Parking Area to Lawn and Maintenance Paving of Parking Area Within a Buffer Zone Joe Furnari moved to continue the public hearing for the Ward II Social Club to April • 14, 2005, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Triple A Tree Services - Dan Hibbard - Construction of Gravel Driveway and Associated Grading within a Buffer Zone at 120 Swampscott Road Kevin Cornacchio read a letter from the applicant requesting that the public hearing be continued to April 14, 2005. Joe Furnari moved to continue the public hearing for the Triple A Tree Services to April 14, 2005, seconded by Keith Glidden and approved. Continuation of Public Hearing - Notice of Intent - DEP File #64-387 - Salem State College, 352 Lafayette Street. Salem MA - Turf Renovations and Related Improvements to the Existing Alumni Athletic Field at 225 Canal Street Mike Howard addressed the Commission and reported that they have reviewed the concerns raised at the last meeting and have addressed them with President Harrington. He noted that the main concern was that the project would make the flooding problem in the area worse and they feel that it may help alleviate the flooding problems. He explained that they will be conveying rainwater to the city drainage system and they are confident in their calculations. Kevin Cornacchio asked if they have completed the video of the pipe. Mr. Howard stated that it is in progress and explained that there is a lot of silt in the drain line • and it has to be cleaned in order to get a good view of the pipe. He noted that portions of the pipe are substantially blocked. 1 • Kevin Cornacchio recognized Councillor Matt Veno to address the Commission. Councillor Veno addressed the Commission and stated that his big concern is that the project does not make the flooding worse. He noted that the engineers and representatives of the college met with the South Salem Neighborhood Association and attended a site visit with the neighbors as well. He stated that the college has been a good neighbor. He stated that he would like assurances that what they say is right and suggested that the Conservation Commission get a peer review of the plans for this project which would be commissioned by the city and paid for by the college. He further noted that President Harrington agreed to a peer review and he suggested that it be made a condition of approval this evening. Councillor Veno stated that the second piece of his suggestion is that a condition of approval be that the college monitor the outflow pipe and he would defer to the Commission regarding the language of that condition. He also noted that he would like a Memorandum of Understanding (MOU) with the college that would help to accomplish a series of other goals. He noted that the city has an obligation to address the flooding problem in this part of the city and he looks forward to working with the college. Councillor Joseph O'Keefe addressed the Commission and referred to an email correspondence that he sent to Kate Sullivan in the Mayors office. He noted that he would like the eight items enumerated in Assistant City Engineer Joe Nerden's March 7, 2005 letter, to Ms. Debra Mizia, Director of Capital Projects and Planning for Salem State College, to be incorporated into a Memorandum of Understanding (MOU) which would be incorporated by reference into the approval of the plan, by • the Salem Conservation Commission to renovate the soccer fields at Salem State College. He stated that in his past relationship with Salem State College the elimination of stormwater from SSC parking lots in not a priority item, noting that for the past five years he has been requesting SSC to correct the stormwater drainage problem at SSC south campus parking lot off Harrison Avenue. At one point SSC told him that the tidewater in the Forest River obstructed the stormwater drainage. He noted to SSC that the stormwater is still retained in the lot when the tide is out on a dry summer day. At one point Mr. Stephen Keyes told him that SSC had no money to fix the drainage problem in the parking lot. Councillor O'Keefe noted that on a regular basis there are sixty-five (65) parking spaces that are lost as the result of the flooding, and that causes students to park in residential neighborhoods. He stated that if the college has no interest in resolving existing stormwater drainage issues how could the city expect that they will resolve future stormwater drainage issues which could be created by the proposed SSC soccer field project. Councillor O'Keefe stressed that he firmly believes that a written commitment (MOU) between SSC and the City of Salem is necessary to address the stormwater drainage issues now. He stated that he is not in favor of a verbal agreement with SSC on this issue as in his mind the college has historically had a short memory regarding this matter. Councillor O'Keefe closed by saying that he would like the college to commit to reduce the stormwater drainage problem by 20% over the next three years. Ward Two Councillor Mike Sosnowski addressed the Commission and stated that he attended the last meeting and his questions and concerns were answered. He stated that he supports the idea of a MOU. • 2 • Keith Glidden stated that there needs to be a confirmation that President Harrington is agreeable to this. He also noted that it is not clear how the MOU fits with the approval of this project, noting that the Commission has limited jurisdiction. Mr. Howard stated that they are in agreement to having a peer review done and they would like to be involved in the drafting of the language for that. Stan Cahill Vice President of Student Life at Salem State College addressed the Commission and noted that the drainage issues affect the college as well and they remain respectful of that. He stated that he has no authorization from President Harrington to enter into a memorandum of understanding with the city and suggested that there needs to be more discussion on this. He also stated that they are more than willing to work with the city on this but the MOU should not be tied to this approval. Fred Votta of 212 Jefferson Avenue addressed the Commission and expressed his concerns about flooding in the area. He suggested that the college be required to submit and follow an operation and maintenance plan, that include sediment and erosion control. He also expressed concern about 100 year storms noting that we have had six of them in the last ten years. He also questioned if they have a plan B if the system can't handle a sever storm. Mr. Howard noted that the college would have to file with the Commission for a Certificate of Compliance and as built plans will have to be filed. • Sandra Power of 18 Loring Avenue addressed the Commission and expressed her concerns about the removal of so much topsoil for the project. Carl Lindale of 30 Charles Street addressed the Commission and expressed concern about his basement flooding increasing because of this project. Councillor O'Keefe expressed his concern about the unwillingness of the college to commit to a memorandum of understanding. Mr. Cahill stated that the college is more than willing to work with the city on the issues. Councillor Veno stated that the letter from Joe Nerden is a good starting point and a MOU should outline things that need to be addressed in a reasonable way to work with the college. Keith Glidden suggested that the condition regarding the MOU might go further than the jurisdiction of the Conservation Commission. Frank Taormina stated that there is a nexus between some of the concerns raised and the Commission's jurisdiction. He also agreed with Councilor Veno that this could be a starting point and the concept of the MOU can be negotiated between the college and the City of Salem. Stan Cahill stated that they would appreciate that noting that it is not a case of Salem State College not wanting to work with the city. • Kim Driscoll of 16 Glenn Avenue addressed the Commission and noted that she owns property on Charles Street. She suggested that the approval call for the continued 3 • negotiations toward a MOU with Salem State College and the City regarding the outstanding issues that have been outlined by Joe Nerden. Mr. Howard stated that the issue before the Conservation Commission is for work under the auspices of the Wetlands Protection Act and their burden is to demonstrate that they are not going to make the situation worse. He noted that the flooding in that area is going to continue whether this project is done or not. He also noted that the condition regarding the MOU clearly goes beyond the scope of the WPA. Frank Taormina recommended that the Commission approve the project pending the completion of a peer review and should there be any discrepancies in the peer review the applicant shall come back to the Commission to amend the approved Order of Conditions or if there were a significant change, SSC would be required to refile a Notice of Intent. Deborah Mizia of Salem State College addressed the Commission and requested that the selection of the firm for the peer review be in accordance with the Massachusetts Construction Reform Law and be based on qualifications and not price. Kim Driscoll asked the Commission for five minutes in the hallway to work out language relative to the Peer Review of the proposed project with the neighbors and the college. The Commission agreed to table the matter until later in the meeting. Continuation of Public Hearing - Notice of Intent - Bartlett and Steadman Development Corp - Construction of 21 Single Family Dwellings and Associated • Roadways and Utilities for the Witch Hill Subdivision off Durkin Road and Dell Street Attorney George Atkins addressed the Commission and noted that they have received a letter from Frank Taormina requesting additional information regarding the wetland replication plan. He introduced Jim McDowell of Eastern Land Survey to explain the plans for replication. Mr. McDowell noted that this plan is for the roadway construction and the individual house lots will be submitted periodically. Frank Taormina noted that the DEP website posts all Notices of Intent and noted that there are a couple of comments regarding two areas of fill for the culvert. Mr. McDowell stated that the condition would be shown on the plan. Mr. McDowell also suggested that in lieu of a site visit they would schedule a pre- construction conference at a convenient time for the Commission when the area will be staked. Michael Blier noted that the replications plans call for a 1.5 replication. He suggested that the spacing of the new plants would be key. Mr. McDowell agreed and noted that they would be willing to import similar species as required. Keith Glidden suggested that the Commission issue a condition regarding the homeowner's association agreement to the use of certain lawn treatments approved by DEP. Mr. McDowell mentioned to the Commission that this project is phased and they are • only seeking approval for the construction of the roadway. The applicant will be filing a new Notice of Intent when he is ready to construct the homes. He asked that the Commission condition lawn treatments at that time. 4 • Kevin Cornacchio opened the hearing up for public comment at this time. Rebecca of 11 Cedar Street addressed the Commission and asked to have the replication areas explained. Jim McDowell reviewed the plans for the replication areas. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the public hearing, seconded by Joe Furnari and approved. Joe Furnari moved to issue an Order of Conditions for Bartlett and Steadman Development Corp., DEP File # 64-391, seconded by Keith Glidden and approved. Continuation of Public Hearing - Notice of Intent - DEP File #64-387 - Salem State College, 352 Lafayette Street, Salem, MA. - Turf Renovations and Related Improvements to the Existing Alumni Athletic Field at 225 Canal Street Kim Driscoll addressed the Commission and read the suggested proposed language for a condition regarding the peer review. Mr. Howard stated that they are reluctantly agreeing to the condition because they are confident in the design enough to feel that there will not be a problem. Stan Cahill requested that the phrase Memorandum of Understanding not be used in • the approval. Frank Taormina suggested that the condition be worded to say: "Salem State College and the City of Salem shall continue to work toward a MOU or a written agreement....... Keith Glidden moved to close the public hearing, seconded by Joe Furnari and approved. Joe Furnari moved to issue an Order of Conditions for Salem State College pending a peer review of the plans and including the condition that the City and Salem State College enter into negotiations toward a Memorandum of Understanding or written agreement regarding the ongoing flooding problems in that neighborhood, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Paul Cassell, Cassell Builders, - construction of three single family dwellings, a roadway an associated site grading, drainage, utilities, and stormwater management with a buffer zone to a Bordering Vegetated Wetland at 31 & 33 Cedarcrest Avenue Atty. George Atkins addressed the Commission and explained the project. He noted that they are presently before the Planning Board for subdivision approval. Atty. Atkins introduced Bob Griffin the Engineer for the project to explain the plans. • He stated that they are proposing three small homes at the end of Cedarcrest Avenue within the buffer zone. He also noted that there is a bordering vegetated 5 wetland at the bottom of the site as well as a small intermittent stream. He also noted that priority habitat areas have been noted on the plan. Mr. Griffin also noted that they have included an operation and maintenance plan in the submittal. Kevin Cornacchio opened the hearing up for public comment at this time. Margaret Wrynn of 34 Valiant Way addressed the Commission and expressed her concern about flooding problems she has in her basement. Mr. Griffin explained that the vegetated swale would intercept a lot of runoff on the site. He also noted the location of the site in relation to Mrs. Wrynn's condo and noted that she is uphill from their site. Norman Begosian of 35 Valiant Way addressed the Commission and expressed concern about development in the buffer zone. Mr. Griffin explained that development is allowed as long as there is no negative impact to the area. Mr. Bogasian also expressed concern about the location of the homes outside of the buffer zone. Frank Taormina explained the jurisdiction of the Conservation Commission. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to April 14, 2005, seconded by Keith Glidden and approved. Kevin Cornacchio suggested that the Commission visit the site before the next • meeting. The Commission scheduled a site visit for Saturday, April 9, 2005. Old/New Business Frank Taormina informed the Commission that the plans for the central campus residence hall remediation work has been approved by DEP for file #64-346, and the Planning Department has received the plans. Frank Taormina reported that an Emergency Certification Order was issued for the stabilization of three telephone lines that were falling down along the Commuter Rail Line and the North River. The order was issued on March 18, 2005 and the work was completed on March 19, 2005. There being no further business to come before the Conservation 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 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission • CC032405 6 o CI 1-Y Or SALFP1, MA CITY OF SALEM CLERK'S OFFICE CONSERVATION COMMISSION -2005 APR I I A 9: 30 , NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, April 14, 2005 at 6:00 pm atCity Hall Room 313, 120 Washington Street. Kevin P. Comacchio, Chairman Tentative Agenda: 1. Meeting Minutes—March 10, 2005 2. Continuation of Pubic Hearing—Notice of Intent—DEP #64-392—Paul Cassell, Cassell Builders, 11 Vassar Road, Marblehead, MA 01945. The purpose of this hearing is to discuss the construction of three single-family dwellings, a roadway and associated site grading, drainage, • utilities,and stonnwater management within the Buffer Zone of a Bordering Vegetated Wetland and Intermittent Stream at 31 & 33 Cedarcrest Avenue. 3. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree Services, P.O. Box 1492, Saugus, MA 01906. The purpose of this hearing is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a Buffer Zone to an Inland Bank and BVW at 120 Swampscott Road. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward Two Social Club, l & 3 East Collins Street,Salem,MA 01970. The purpose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and repaving a parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1 & 3 East Collins Street. S. Continuation of Public Hearing—Notice of Intent—DEP#64-382—Giacalone Construction Co. Inc,95 Rear Maplewood Avenue,Gloucester,MA 01930. The purpose of this hearing is to discuss the proposed extension of Almeria Street and the filling and replication of Bordering Vegetative Wetland at 12 Almeda Street. 6. Public Hearing—Request for Determination of Applicability—Boston & Maine Corporation Railroad, Iron Horse Park, North Billerica, MA 01862. The purpose of the hearing is for a determination of work related to vegetation control along the B & M Railroad Right-of-Way. Z Old/New Business " _ • This notice posted on "Official Bulletin Board" City Wall Ave., 41 i::rt, M-5s. c:il APR 1 1 2005 at yrw in taccordarice vkii Chap. 39 Sa 13A A 23of M.G.L. _. ^^^^^^1'20-WASHINGTON-STREET,"SALEM,MAssAcOUSE 01970-• TEL:978.745.9595'FAx: 978.740.0404 • WWW.SALEM.COM ,,fir.b.—.�. . .r._ .... • Salem Conservation Commission Minutes of Meeting Thursday, April 14, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, April 14, 2005 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 Kevin Carr. Also present was Conservation Administrator Frank Taormina and Eileen Sacco Members Absent: Keith Glidden Approval of Minutes The minutes of the Conservation Commission meeting held on March 24, 2005 were presented for approval. Joe Furnari moved to approve the minutes as submitted, seconded by David Pabich and approved. Public Hearing - Notice of Intent - Ward II Social Club- 1-3 East Collins Street Salem. MA. - After the Fact Conversion of 2,280 S F of Parking Area to Lawn and Maintenance Paving of Parking Area Within a Buffer Zone Kevin Cornacchio read a letter from Atty. Scott Grover requesting that the public • hearing be continued to May 12, 2005. Joe Furnari moved to continue the public hearing for the Ward II Social Club to May 12, 2005, seconded by Kevin Carr and approved. Public Hearing - Notice of Intent - Triple A Tree Services - Dan Hibbard - Construction of Gravel Driveway and Associated Grading within a Buffer Zone at 120 Swampscott Road Kevin Cornacchio read a letter from the applicant requesting that the public hearing be continued to May 12, 2005. Joe Furnari moved to continue the public hearing for the Triple A Tree Services to May 12, 2005, seconded by David Pabich and approved. Continuation of Public Hearing - Notice of Intent - DEP File #64-382 - Giacalone Construction Co. - Proposed Extension of Almeda Street and the Filling and Replication of Bordering Vegetated Wetlands at 12 Almeda Street Kevin Cornacchio read a letter from Stanton Bigelow requesting that the public hearing be continued to May 12, 2005. Joe Furnari moved to continue the public hearing to May 12, 2005, seconded by Kevin Carr and approved. • Public Hearing - Notice of Intent - Paul Cassell, Cassell Builders - construction of three single family dwellings a roadway an associated site grading drainage 1 • utilities and stormwater management with a buffer zone to a Bordering Vegetated Wetland at 31 & 33 Cedarcrest Avenue Atty. George Atkins addressed the Commission and noted that the Commission held a site visit on April 9, 2005. He noted that they have re-engineered the project at the request of the City Engineer. Mr. Griffin explained the changes in the revised plans. He noted that they have a letter from the State Division of Marine Fisheries and Wildlife confirming that the project will not adversely affect the habitat. He also noted the route of the runoff on the site and explained that they estimate that there will be a 7% decrease in post development of the 7-year storm and a 3% decrease in the post development of the 10 year storm. He also estimated that there would be a 10% increase in peak flow on the site. Michael Blier questioned who would maintain the proposed swale. Mr. Griffin states that the homeowners would maintain the swale. It was also noted that a portion of the level spreader proposed is on the right of way. Mr. Griffin stated that if there is a concern about the level spreader it could be pulled back. Mr. Griffin stated that there are 9 minor comments that Mr. Nerden, Ast. City Engineer has submitted to the Planning Board but he has not received them yet. David Pabich suggested that they loam and seed the swale, as it is not very deep. • 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 Kevin Carr to close the public hearing, seconded by David Pabich and approved. David Pabich moved to issue an Order of Conditions, with Special Conditions for 31 & 33 Cedarcrest Avenue, seconded by Kevin Carr and approved. The Commission issued special conditions as follows: Each homeowner will be responsible to clean and maintain the vegetative swale on their lot. No herbicides shall be used on the property. The City Engineer shall reserve the right to review and approve the level spreader located within the City right-of-way (paper street portion of Cedarcrest Ave). Public Hearing - Request for Determination of Applicability - Boston & Maine Railroad • Corporation - Determination of Work Related to Vegetation Control Along the Railroad Right of Way along Bridge Street and the North River Canal Keith Morris addressed the Commission and explained that they are required to submit a five-year management plan to the Commission for approval and they are 2 • required to update the wetland boundaries. He explained that the area involved is about a mile of track along Bridge Street and the North River Canal and there are no changes to flags. 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 application a motion was made by David Pabich to close the public hearing, seconded by Joe Furnari and approved. David Pabich moved to issue a Negative 5 Determination as the area is subject to the act and it meets the exemption of the act, seconded by Joe Furnari and approved. Old/New Business Frank Taormina updated the Commission on the changes to the Wetlands regulations and handed out a copy of the revised Wetlands Protection Act Regulations. He noted that he has a power point presentation on the regulations and he will get copies for the Commission. Frank Taormina updated the Commission on the status of the property at 25 Winter Island Road. He explained that the owner filed and RDA and received a negative determination to put and addition to an existing porch and some clearing of vegetation within a buffer zone to coastal resource areas back in January 2005. • Recently he was notified that a substantial amount of work is being conducted within the buffer zone, and he determined that the Commission did not previously approve the work being performed. In addition to the illegal work being performed within a buffer zone, the property owner has also encroached on a city right-of-way (paper street portion of Winter Island Road), and leapfrogged over utility permits needed before construction. Frank mentioned that the Building Inspector has issued a Cease and Desist Order and the property owner and his contractor will be meeting with him, the City Engineers, and the Building Inspector to discuss the proper permits that will be required. Frank also stated that the applicant would be filing a Notice of Intent for the next scheduled meeting. There being no further business to come before the Conservation 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 6:50 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC041405 3 (0 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, April 28, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. • Kevin P. omacc io, rnC, Chairman 9 N N TJ c-n O D C-), Tentative Agenda: o '-"3 0 v 1. Meeting Minutes—April 14, 2005 J 2. Public Hearing—Request for Determination of Applicability—Mark Tremblay,7 Laurier Road, • Salem, MA 01970. The purpose of the hearing is for a determination of work related to the installation of a wooden fence,removal of debris from a brook, and the cleaning of a drainage pipe within a Bordering Vegetative Wetland and Intermittent Stream at 7 Laurier Road. 3. Pubic Hearing—Notice of Intent—Palmer Cove Yacht Club,78 Leavitt Street,Salem,Ma 01970. The purpose of this hearing is to discuss the stabilization of an existing seawall at the Palmer Cove Yacht Club. 4. Public Hearing—Notice of Intent—Douglas & Jean Karam, 91 Essex Street, Salem, Ma 01970. The purpose of this hearing is to discuss the reconstruction of a single-family dwelling and porch within Land Subject to Coastal Storm Flowage and a buffer zone to a Coastal Bank and Salt Marsh at 25 Winter Island Road. 5. Old/New Business Th9s notice posted on ,Official Bulletin BoarW' City Hall Ave., :::':±'m, Nia.>s. on at V'0.14M in accordWme evM Ch8p. 32 SM 23A & 26B 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, April 28, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, April 28, 2005 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Joe Furnari, Michael Blier, David Pabich, Kevin Carr and Keith Glidden. Also present was Conservation Administrator Frank Taormina and Eileen Sacco Members Absent: Chairman Kevin Cornacchio In the absence of Chairman Kevin Cornacchio, Vice Chair Joseph Furnari assumed the chair. Approval of Minutes The minutes of the Conservation Commission meeting held on April 14, 2005 were presented for approval. David Pabich moved to approve the minutes as submitted, seconded by Kevin Carr and approved. Public Hearing - Notice of Intent - Douglas and Jean Karam - 25 Winter Island Road- Reconstruction of a Single Family Home and Porch within Land Subject to • Coastal Storm Flowage and a Buffer Zone to a Coastal Bank and Salt Marsh Attorney Bill Quinn addressed the Commission and explained that the applicant received a negative determination from the Commission a year ago for the property located at 25 Winter Island Road. He introduced John Dick from Hancock Environmental to review the plans. Mr. Dick addressed the Commission and explained that when the RDOA was done they relied on the mean high water as the resource area, which appeared to not be delineated correctly, and that is what was presented to the Commission for approval. He noted that there is an 85-foot difference in that delineation from the one being submitted this evening. Mr. Dick acknowledged the violation letter issued by the commission because machinery and stockpiled material occupied the buffer zone without proper erosion control measures. He noted that the contractor has removed the machinery and all the stockpiled material on the site within the buffer zone. In addition, the contractor properly installed hay bales and silt fence, as requested by the commission. Mr. Dick mentioned that the issue of clearing vegetation along the coastal bank and the disturbing of soil has been addressed, noting that there is no evidence of migration. He noted that there is a collateral issue of the removal of two mature shade trees from the public right-of-way (paper street portion of Winter Island Road). He explained that the unimproved right-of-way may or may not be public. However, he noted that whether or not it is a public way the trees that were • removed were within the jurisdiction of the Commission. 1 • Mr. Dick explained the plans and noted that the entire lot is within the jurisdiction of the Conservation Commission, however a majority of the utility work is not. He explained that the clearing that was done on the site was within the buffer zone and the three trees that were removed were Norway Maples, which are non-native invasive trees and are not sold in Massachusetts anymore. He noted that this NOI is for the demolition of the house and the construction of the foundation, utilities installation, and mitigation planting in the public right-of-way. Kevin Carr asked how this mistake was made. Mr. Dick explained that the resource area delineation on the original plan may not have been fully developed and was an erroneous delineation. He noted that the buffer zone is much more extensive than was originally thought. David Pabich noted that the original RDA was not for the demolition of the house but for a small addition to an existing porch and to the house. Mr. Dick stated that the intent was always to demolish the house and rebuild. Frank Taormina noted that the original approval was for the addition to an existing porch and the clearing of some vegetation on the northern portion of his property. The Commission issued a negative determination for the proposed work within the buffer zone with the understanding that minimal work would be performed with the buffer zone and would not require the filing of a NOI. Frank Taormina noted that on April 13, 2005 he was notified that extensive work was being performed within the buffer zone without any erosion control measures in • place. He conducted a site inspection and at the site inspection, directed the contractor to install hay bales and silt fencing to protect the coastal resource area. Following the site inspection he issued a violation letter directing them to stop all work and stabilize the property by removing all stockpiled material and machinery from the buffer zone and return the buffer zone to its original grade and file a NOI with the commission immediately. Frank Taormina also mentioned that because there where numerous violation crossing several different departmental jurisdictions, including: public right-of-way encroachment, unauthorized utility disconnections, and wetlands violations, it was determined that a cease and desist order would be issued by the Building Department until all these issued were resolved. Atty. Quinn addressed the Commission and stated that there was never any intention to mislead anyone on the plans for this property. He noted that they have honored the stop work order and he thinks that Mr. Nerden is satisfied that they have done a good job complying with that. Keith Glidden noted that he remembered the discussion regarding this decision and he recalled that there was a lot of discussion that the house was not in the buffer zone. He also noted that he recalled asking about the nature of the trees that were to be removed and he was told that they were "junk" or scrub trees. He further noted that he would not have considered 12-inch trees "junk" trees. Mr. Glidden noted that there was a misrepresentation but acknowledged that part of the blame goes to the Commission for not going out and looking at the site. • 2 • Joe Furnari asked if the lot was staked out. Mr. Dick noted that the lot is staked out and identified the area on the plan. He also noted that the open foundation is well protected. Joe Furnari asked if they were authorized to dig the foundation. Frank Taormina stated that they received a demolition permit but it came months after our original negative determination. Joe Furnari noted that the entire site is in the jurisdiction of the Conservation Commission and noted that they will have to bring fill in to back fill. He also noted that they will have to establish a hay bale line and a limit of work area. He also suggested that they are going to need more area to complete the work. John Dick explained that there is two feet between the silt fence and the porch and they will probably need to move the silt fence. He noted that they have removed the soil and brought the site into compliance. David Pabich stated that he would like to see more detailed plans including details on the grading and the proposed plantings, including those recommended by the City. Michael Blier stated that no matter how small a project appears to be the Conservation Commission needs to pay closer attention and look at every site, noting that everyone's interpretation of junk trees could be different. He requested that the applicant submit detailed landscaping plans for his site and the area of mitigation in the public right-of-way. • Frank Taormina noted that any shade tree along a public right-of-way or on public property must be petitioned to Dick Rennard the City Tree Warden for review and approval before it is cut down. The applicant leapfrogged that process. He stated that he spoke with Mr. Rennard and he is going to prepare comments to mitigate for the shade trees removed. He also noted that the City Engineer is reviewing the plans with regards to the paper street and will also be making recommendations to the Commission so they can properly condition the project. Keith Glidden questioned what the oldest age tree could be planted on the site as opposed to planting saplings. Michael Blier stated that the size of the trees and the survival rate needs to be considered. He noted that it would be impossible to replace huge trees and suggested perhaps 21/2 caliper noting that the owner will have a vested interest in catering to the tree. Atty. Quinn stated that they would come back with the best recommendations they can find for the site and noted that they will talk to the abutters regarding their preferences as well. Joe Furnari opened the hearing up for public comment at this time. Jane Dionne of Columbus Avenue addressed the Commission and stated that she recalls that the paper street in question was once a boat ramp and noted that they are all over the Willows. She stated that it doesn't make sense that someone would have planted trees in the boat ramp. • Joanne Scott of 29 Winter Island Road addressed the Commission and noted that she believes that four good size trees were removed. She also stated that it understood that this was to be a house renovation and not a demolition. She stated that she is 3 • concerned about the salt marsh and the stockpile of dirt next to the salt marsh. Mrs. Scott stated that she does not think that the Commission would have approved the demolition of this house if the real buffer zone were defined. Doug Karam addressed the neighbors and stated that he values them very much and he is sorry and he wants to do the right thing. He noted that he holds the neighbors in high regard. Edward Moriarty addressed the Commission and expressed his concern about the trees and expressed his disagreement with Mrs. Dionne's opinion that there was once a boat ramp there. David Pabich explained that that role of the Conservation Commission is to oversee the activity within the buffer zone that is legal and allowable and make sure they are done in such a way that they don't impact the resource area, noting it is the job of the Commission to make sure it is done the right way. Mary Page of 5 Winter Island Road addressed the Commission and noted that she has lived there for 45 years and there were never any trees in the middle of the road and it is not a boat ramp. Joe Furnari suggested that a site visit be held on Saturday April 30`h at 7:30AM There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the public hearing to May 12, 2005, seconded by • David Pabich and approved. Public Hearing - Request for Determination of Applicability - Mark Tremblay - 7 Laurier Road - Determination of Work Related to the Installation of a Wooden Fence. Removal of Debris from Brook and Cleaning of a Drain Pipe within a Bordering Vegetated Wetland and Intermittent Stream Mr. Tremblay addressed the Commission and explained that he wants to install a fence and clean up the area behind his property that is owned by the City. He noted that there is trash and debris in the area and the pipe gets clogged with debris from down stream. He stated that he felt that cleaning the area once a season would help. Mr. Tremblay noted that the Commission visited the site last year and explained that the finish grade is done and he is ready to install the sprinkler system. He also noted that he would like to install an above ground pool eventually. Mr. Tremblay noted that the City said that they were going to clean up the area but it has not been done, noting that he is willing to do it. Frank Taormina stated that he talked with Joe Nerden and this is not something that they want to see on an annual basis but he would agree to it for this one time. He • explained that Mr. Tremblay will have to do this of his own recognizance and the liability will be on him and not the City. Keith Glidden suggested that if approved, a note be placed in the file noting that this is a one-time approval. 4 • Mr. Tremblay noted that the entire fence will be in the resource area and questioned who would release him from liability if something happens. Keith Glidden suggested that Mr. Tremblay consult a lawyer on that issue. David Pabich suggested that Mr. Tremblay could deed it to the city. Joe Furnari noted that it is incumbent on the City to clean it and suggested that a request be made to Mr. Nerden and the Engineering Department to maintain the brook and drainage structure. Joe Furnari opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. David Pabich suggested a site visit be held on Saturday April 30`h at 8:30AM David Pabich moved to continue the public hearing to May 12, 2005, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Palmer Cove Yacht Club - 78 Leavitt Street, Salem. MA. - Stabilization of Existing Sea Wall Atty. Mike McMahon addressed the Commission and explained that they are proposing to stabilize the existing sea wall at the Palmer Cove Yacht Club. He showed photos of the existing seawall and the proposed process they intend to use. He noted that the wall would be within the existing footprint. • Atty. McMahon explained that they intend to eliminate the buttresses and all metal will be removed and the wood will be snipped off at the mud line and a vinyl sheet pile wall will be installed. He noted that there will be no dredging and disruption to the resource area. He stated that they will use a barge and explained the process. Atty. McMahon stated that they have an existing Chapter 91 license and this is considered maintaining an existing structure. Joe Furnari 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 there is no DEP file # at this time. Joe Furnari stated that the Commission should visit the site. A site visit will be held on Saturday morning April 30, 2005 at 9:OOAM There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the public hearing to May 12, 2005, seconded by Kevin Carr and approved. Old/New Business Frank Taormina informed the Commission of a seawall that has partially collapse on Hubon Street. He explained that excessive piling of snow there this winter • contributed to the collapse and that the seawall ties into the foundation of an abutting house. He noted that the City is responsible for maintaining it. Because the wall is only partially collapsed and does not pose extreme danger coupled with the 5 • overall scope of work involved in reconstructing the seawall, an Emergency Certification Form cannot be issued. Instead the City will be filing a Notice of Intent to stabilize the wall and another NOI to reconstruct the seawall. Frank Taormina informed the Commission the Engineering Department has received a grant from the state EOEA for the drafting of a Stormwater and Low Impact Development Ordinance. He explained that there is no model for urban communities such as Salem and that this would be the first of its kind in the State. He mentioned that he is on a working group to help create the framework of the ordinance, and eventually one of the Commission members will be asked to join an Advisory Group to work out the nuts and bolts of the final document. There being no further business to come before the Conservation Commission this evening, a motion was made by Kevin Carr to adjourn the meeting seconded by Keith Glidden and approved. The meeting was adjourned at 7:50 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC042805 • 6 CITY OF SALEM MA CITY OF SALEM CLERK'S OFFICE ' CONSERVATION COMMISSION 11005.AAY -9 A cI„��--- NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, May 12, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. • Kevin P. Cornacch�o, Chairman Tentative Agenda: This notice posted on "Official Sulletin Board" City Hall Ave., Salem, Mass. on 1. Meeting Minutes—Apri128, 20 9:1-7 ,4 in i �ndw= Obi 1�• S` `�A 239 Of M.a.�. 2. Old/New Business "0 3. Continuation of Public Hearing—Notice of Intent—DEP#64-382—Giacalone Construction Co. • Inc,Rear 95 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 Bordering Vegetative Wetland at 12 Almeda Street. 4. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree Services, P.O. Box 1492, Saugus, MA 01906. The purpose of this hearing is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a Buffer Zone to an Inland Bank and BVW at 120 Swampscott Road. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward Two Social Club, 1 & 3 East Collins Street, Salem,MA 01970. The purpose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and repaving a parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1 & 3 East Collins Street. 6. Continuation of Public Hearing—Notice of Intent—Douglas & Jean Karam, 91 Essex Street, Salem, Ma 01970. The purpose of this hearing is to discuss the reconstruction of a single-family dwelling and porch within Land Subject to Coastal Storm Flowage and a buffer zone to a Coastal Bank and Salt Marsh at 25 Winter Island Road. 7. Continuation of Public Hearing—Request for Determination of Applicability—Mark Tremblay, 7 Laurier Road, Salem, MA 01970. The purpose of the hearing is for a determination of work related to the installation of a wooden fence, removal of debris from a brook, and the cleaning of a • drainage pipe within a Bordering Vegetative Wetland and Intermittent Stream at 7 Laurier Road. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM 8. Continuation of Pubic Hearing—Notice of Intent—Palmer Cove Yacht Club, 78 Leavitt Street, Salem, Ma 01970. The purpose of this hearing is to discuss the stabilization of an existing seawall at the Palmer Cove Yacht Club. 9. Public Hearing—Notice of Intent—Irving Oil Corporation, 190 Commerce Way,Portsmouth,NH 03801. The purpose of this hearing is to discuss the redevelopment of a 1.8-acre parcel of land with a gas station,convenience store,and bank at 319 Highland Avenue(former Moose Lodge Property). • • • Salem Conservation Commission Minutes of Meeting Thursday, May 12, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, May 12, 2005 at 6:00 p.m. in the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Joe Furnari, Michael Blier, David Pabich, Kevin Carr and Keith Glidden. Also present was Conservation Administrator Frank Taormina and Eileen Sacco Members Absent: Chairman Kevin Cornacchio In the absence of Chairman Kevin Cornacchio, Vice Chair Joseph Furnari assumed the chair. Approval of Minutes The minutes of the Conservation Commission meeting held on April 25, 2005 were presented for approval. David Pabich moved to approve the minutes as submitted, seconded by Keith Glidden and approved. Discussion on Maintenance of Old Salem Green Municipal Golf Course and City Parks - Doug Bollen Director of Parks and Recreation • David Pabich explained that he requested this discussion to determine what, if any, guidelines are in place for the maintenance of the golf course and parks that are within the jurisdiction of the Conservation Commission. Doug Bollen addressed the Commission and explained that they are very aware of the area which has been flagged years ago and they are sensitive to the area and do not go into the wetlands when maintaining the area. David Pabich stated that if there is any flexibility in the way they operate there are practical suggestions for the maintenance of the golf course. He questioned if they use pesticides on the greens. Doug Bollen stated that they use pesticides from the DEP approved list. Doug Bollen noted that on a recent audit they passed with flying colors. David Pabich reported that he noticed a stockpile of mulch or compost mix at Forest River and it should not be stored as close as it is to the harbor. Doug Bollen stated that they are willing to work with the Commission to implement a maintenance program that is satisfactory to the Commission. David Pabich suggested that they leave a vegetation zone such as a grass strip unmowed near the resource areas. He noted that there is a brook at Castle Hill and they should not be mowing right up to the brook and the buffer will serve as a screen and keep kids out of there as well. There being no further questions or comment for Mr. Bollen, Joe Furnari thanked • them for attending. 1 • Continuation of Public Hearing - Notice of Intent - Giacalone Construction Co - DEP #64-382 The applicant did not appear for this hearing and no letter from the applicant requesting a continuance was submitted to the commission. Joe Furnari suggested that the Commission continue the public hearing to May 26, 2005, and that the applicant be notified that if they fail to show or fail to request a continuance prior to the next meeting, this item will be considered for a denial, based on insufficient information to close the public hearing, David Pabich moved to continue the public hearing to May 26, 2005 seconded by Keith Glidden and approved. Continuation of Public Hearing - Notice of Intent - Ward II Social Club - DEP #64- 383 Atty. Scott Grove addressed the Commission and requested that the matter be continued until May 26, 2005. He explained that they have been in contact with National Grid and they will be meeting with them next week. David Pabich made a motion to continue the public hearing for the Ward II Social Club to May 26, 2005, seconded by Keith Glidden and approved. Public Hearing - Request for Determination of Applicability - Mark Tremblay - 7 Laurier Road - Determination of Work Related to the Installation of a Wooden Fence. • Removal of Debris from Brook and Cleaning of a Drain Pipe within a Bordering Vegetated Wetland and Intermittent Stream Joe Furnari read a letter from the applicant requesting that the public hearing be continued to May 26, 2005. David Pabich moved to continue the public hearing to May 26, 2005, seconded by Keith Glidden and approved. Continuation of Public Hearing - Notice of Intent - Triple A Tree Services - 120 Swampscott Road Dr. Hugh Mulligan addressed the Commission and reported that they have completed a pre and post runoff analysis. He turned the meeting over to Joseph Orzo of Gulf of Maine to address the Commission. Mr. Orzo reviewed the project and the work that has been done on the site. He explained that they plan to construct a circular gravel driveway on Robinson Road and noted that there is a deep marsh with an intermittent stream that flows from Robinson Road to the culvert and out to Swampscott Road. He noted the wetlands along the marsh and the resource area on the plans, noting that the revised plans show the buffer zone from the wetlands extend to the edge of the wetland line to fully encompass the work area. Mr. Orzo also noted that they have met with the City Engineer and stormwater management has been added to the plan. Mr. Orzo noted that the City does not maintain Robinson Road and the DPW will not require the proposed driveway to meet subdivision road requirements. He also • noted that the grade modification plan needs to be reviewed by the DPW. 2 • Mr. Orzo noted that there is concern about potential flooding and drainage issues and they have added a catch basin to help alleviate the problems. Mr. Orzo suggested that they would agree to a Memorandum of Understanding with the DPW regarding the maintenance of the road and noting that the city will not be responsible to maintain the road. Mr. Orzo reviewed the stormwater management plan and noted that soil testing that was done shows that the soil is suitable for infiltrating in the 100-year storm. David Pabich asked what the soil conditions are in the area of the detention basin. Mr. Orzo stated that there is no impervious surface planned and explained the location and the plan. Mr. Hibbard explained that he would be stockpiling logs and cutting firewood on the property. David Pabich questioned if they are using the center of the turn around for stock piling. Mr. Hibbard explained the location on the plan. David Pabich suggested that they install a berm to control the flow of the runoff. He also stated that he is concerned that the percolation rate may be fine now but may be a problem later. Mr. Orzo stated that they would submit a Maintenance and Operation Plan that will regularly measure the infiltration rate. David Pabich noted that there is no provision in the plan for sediment removal. He also agreed that the monitoring of the infiltration is necessary and asked them to specify the frequency of the monitoring in the maintenance plan. • David Pabich requested that the area be staked and flagged for the site visit that the Commission will hold. Joe Furnari opened the hearing up for public comment at this time. There was no one present who wished to speak on the matter. The Commission scheduled a site visit for Thursday, May 19, 2005 at 6:00 p.m. Keith Glidden moved to continue the public hearing to May 26, 2005, seconded by David Pabich and approved. Public Hearing - Notice of Intent - Douglas and Jean Karam - 25 Winter Island Road- Reconstruction of a Single Family Home and Porch within Land Subject to Coastal Storm Flowage and a Buffer Zone to a Coastal Bank and Salt Marsh Atty. Scott Grover addressed the Commission and noted that they met with the Commission two weeks ago and since then a site visit was held. He noted that they were asked by the Commission to take a number of actions and those have been completed. John Dick of Hancock Environmental addressed the Commission and explained the proposed landscaping and mitigation plan. Mr. Dick also explained the issues with the sewer connection and the utilities. He noted that they investigated the manhole in front of the house and it was found to be blocked. He noted that they need to • investigate the route of the pipe for the existing service connection. He also noted that the pipe for the water service is an 8 or 10 inch main in the road and the water 3 • service gate appears to service the Karam home and a one inch copper pipe is in place for the service. Mr. Dick explained the landscaping mitigation plan. He explained that within the right of way on Winter Island Road 5 native trees would be planted along the side of the road. He noted that they would be selected from species that will survive the salt environment. He noted that they are proposing one more chad bush near the coastal bank. Scott Grover addressed the Commission and noted that Dick Rennard has discussed what is appropriate with the Karam's and they are willing to work with him on this plan. Dick Rennard addressed the Commission and stated that he has observed the area and noted that three trees were removed, two of which were 10" Norway maples and 1 36" Cherry tree from the water side of the property. He stated that he has appraised those trees at $15,000 and he would recommend trees to replace them. David Pabich noted that Commission member Michael Blier has strong feelings about this and he would like him to have the opportunity to review the landscaping plan. Frank Taormina reported that he has a letter from Ann and Paul O'Shea regarding possible damage to their arborvitae trees. Atty. Grover noted that the Karam's have agreed to address that if there is a problem. He also noted that one of the reasons that they wish to move on with this project quickly is that the tree roots are exposed • and every day they are exposed could play a part in their demise. Joe Furnari asked if they have received a DEP file number for the project. Atty. Grover stated that they have not received a number yet and he will be sending another check to DEP and stop payment on the check that is apparently lost. David Pabich asked if they have a regrading plan. Mr. Dick stated that there will be no change in grade planned for the site. Dick Rennard mentioned that the applicant missed the planting season and suggested that the trees be planted late in the fall (September or October). Keith Glidden noted that the silt fence should be maintained to stabilize the site. Mr. Dick agreed and noted that the hay bales have been relocated as requested at the site visit. He also noted that there is some debris such as hardware and bike parts that need to be removed from the coastal resource area. Keith Glidden stated that he would like to see the landscaping process and the involvement of Mr. Rennard written into the Order of Conditions. David Pabich asked if the abutters have seen the landscaping plans. Atty. Grover stated that the neighbors lawyer, Atty. Sweeney has reviewed the plans and has responded that he would like to see a condition that includes that the applicant should work with Mr. Rennard on the landscaping plan. • Frank Taormina reported that he has received correspondence from Atty. Sweeney in regards to this matter. Joe Furnari acknowledged the correspondence into record. 4 • Dick Rennard stated that he would take a look at the area and determine how many trees can be planted. Joe Furnari opened the hearing up for public comment at this time. Joanne Scott addressed the Commission and stated that they have decided to acquiesce to Mr. Rennard on the landscaping plan. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the hearing to May 26, 2005, seconded by Kevin Carr and approved. Continuation of Public Hearing - Notice of Intent - Palmer Cove Yacht Club - 78 Leavitt Street, Salem. MA. - Stabilization of Existing Sea Wall Atty. Mike McMahon addressed the Commission and explained that a site visit was held this past weekend and the Commission made suggestions that they add the missing timber piles to the plan. Atty. McMahon submitted copies of the revised plans to the commission. He noted that according to DEP regulations more than a dozen pilings have been eliminated. Atty. McMahon stated that they verbally received a DEP file number for the project today. (#64-393). Joe Furnari 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 project a motion was made by David Pabich to close the public hearing, seconded by Kevin Carr and approved. David Pabich moved to issue an Order of Conditions for the Palmer Cove Yacht Club, seconded by Keith Glidden and approved. David Pabich noted that a condition that spill kits be required for all machinery used within the resource area. Public Hearing - Notice of Intent - Irving Oil Corporation - Moose Lodge site - 319 Highland Avenue - Redevelopment of Parcel with a gas station convenience store and bank Atty. Joseph Correnti addressed the Commission and explained the history of the property. He noted that they have been to the City Council for a zoning change and received it. He also noted that the project involves the site of the present Moose Lodge and Tony Lena's. He explained that they will be demolished and a single 5,000 s.f. building will be constructed. The new building will house a convenience store and branch of the North Shore Bank with a drive thru. He also noted that Irving Oil is coming to the North Shore and Salem will be the first site that they develop. He also noted that the gas station would have 6 islands containing 12 pumps. He further noted that they are proposing to donate land to the state to • create a right turn onto Swampscott Road and they have been working with the city and the state and will be going to the Planning Board next week. 5 • Atty. Correnti explained the permit process and where they are with that. Mike Howard reviewed the Notice of Intent with the Commission and explained the plans. He noted that a Bordering Vegetated Wetland borders a perennial stream and a small watershed and is shown on the plan. He also noted that the 100-foot buffer zone is also shown on the plan. He stressed that no work will be done in the buffer zone. Mr. Howard stated that there is no stormwater management on the site currently and they are proposing deep sumps and hooded catch basins, which will be a significant improvement to the site. He also noted that the septic system will be abandoned and they will tie into the city sewer system. Mr. Howard stated that hay bales and a silt fence would be installed on the site to establish the limit of work area. He also noted that snow storage space is noted on the plan and fill material will be used on the site to enhance the landscaping. Atty. Correnti addressed the Commission and noted that a lot of thought went into these plans to result in a significant improvement on the site. David Pabich asked of there was a containment area around the pumps. Mr. Howard explained the procedure and the site design which slopes to the catch basins to keep spills on the site. He noted that there are grooves around the dispensers and explained the equipment that they have in place. He noted that the site has been designed to accommodate safety factors. He also noted that they have to go to the city council for a flammable storage license. • Mr. Howard stated that although this is a redevelopment project in a developed riverfront area, the project must still provide a scope of alternatives that are adequate for work in a Riverfront Area. Mr. Howard mentioned that in addition to the safeguarding measures related to the storm drains, they have proposed to thin out the invasive sumac on the slope toward the BVW and the river and re- vegetate the slope with non-invasive native plants. Also they would locate bird boxes, for habitat purposes, and conservation signs at the edge of the parking lot identifying the area beyond the parking lot as a protected wetland area. Joe Furnari opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. David Pabich suggested that the Commission visit the site on Thursday, May 19, 2005 at 6:30 p.m. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the hearing to May 26, 2005, seconded by Kevin Carr and approved. Old/New Business David Pabich suggested that a Peer Review be done on the AAA Tree Services project. Frank Taormina reported that the City Solicitor is working on determining the paper street issue with Robinson Road and the possibility that they accepting the right-of-way again. • Frank Taormina informed the Commission that he received a Council Order from City Council ordering the Conservation Commission to begin enforcement and legal action 6 against the party or parties responsible for the illegal dumping of railroad ties along and into the North River on Harmony Grove Road. He explained that this portion of the North River abuts the City of Peabody and the Peabody Conservation Commission has been pursing enforcement as well. Frank Taormina informed the Commission that the Peer Review for the Salem State College Athletic Field Renovation Project has been received and he has reviewed it. He noted that there is one engineering issue that could be considered a problem. David Pabich will review the report and get back to Frank Taormina with a recommendation on it. Frank Taormina also reported that Salem State College (SSC) must submit an additional payment of $3,000 for additional work outside of the original scope of services. Upon receipt of payment, the Final Report by Metcalf & Eddy (the hired outside consultants) will be issued to the City and to SSC. There being no further business to come before the Conservation Commission this evening, a motion was made by Kevin Carr to adjourn the meeting seconded by Keith Glidden and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: . Eileen M. Sacco, Clerk Salem Conservation Commission CCO51205 • 7 co CITY OF SALEM CONSERVATION COMMISSION s U E NOTICE OF MEETING F`v i5 You are hereby notified that the Salem Conservation Commission will hold its regularly sche(Yed meeting on Thursday, May 26, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. �f PCO4 Kevin P. Cornacchio, Chairman Tentative Agenda: 1. Meeting Minutes—May 12, 2005 2. Continuation of Public Hearing—Notice of Intent—DEP#64-382—Giacalone Construction Co. Inc,Rear 95 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 Bordering Vegetative Wetland at 12 Almeda Street. • 3. Continuation of Public Hearing—Notice of Intent—DEP 464-359—Riverview Realty Trust,208 Derby Street, Salem, MA. The purpose of this hearing is for a determination of work related to the remediation of contaminated soil located at 24 Saunders Street. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward Two Social Club, l & 3 East Collins Street,Salem,MA 01970. The purpose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and repaving a parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1 & 3 East Collins Street. 5. Continuation of Public Hearing—Request for Determination of Applicability—Mark Tremblay, 7 Laurier Road, Salem, MA 01970. The purpose of the hearing is for a determination of work related to the installation of a wooden fence, removal of debris from a brook, and the cleaning of a drainage pipe within a Bordering Vegetative Wetland and Intermittent Stream at 7 Laurier Road. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-394—Irving Oil Corporation, 190 Commerce Way, Portsmouth, NH 03801. The purpose of this hearing is to discuss the redevelopment of a 1.8-acre parcel of land with a gas station, convenience store, and bank at 319 Highland Avenue (former Moose Lodge Property). 7. Continuation of Public Hearing—Notice of Intent—DEP#64-395—Douglas&Jean Karam,91 Essex Street, Salem, Ma 01970. The purpose of this hearing is to discuss the reconstruction of a • single-family dwelling and porch within Land Subject to Coastal Storm Flowage and the Buffer Zones to a Coastal Bank and Salt Marsh at 25 Winter Island Road. 120 WASHINGTON STREET, .SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM • 8. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree Services,P.O.Box 1492,Saugus,MA 01906. The purpose of this hearing is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a Buffer Zone to an Inland Bank and BVW at 120 Swampscott Road. 9. Public Hearing—Notice of Intent—Scott Patrowicz, 10 Derby Square, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a sewer line within an existing sewer easement within a buffer zone to a BVW on property owned by the City of Salem, Salem Conservation Commission, and Thomas Circle Realty Trust located at 320 Highland Avenue,Rear Ravenna Ave, and 7-17 Thomas Circle. 10. Public Hearing—Request to Amend Order of Conditions—DEP #64-380—Massachusetts Electric Company, 25 Research Drive, Westborough,MA 01582. The purpose of the hearing is to discuss amendments to a previously approved Order of Conditions (DEP #64-380) the location change of test management trenches and reviving of the bioremediation activities previously preformed at 20 Pierce Avenue. 11. Public Hearing—Notice of Intent—DEP#64-396—Massachusetts Electric Company,25 Research • Drive, Westborough, MA 01582. The purpose of this hearing is to discuss the rearmament of a Coastal Beach and Coastal Bank to restrict migration of miscellaneous fill at Collins Cove. 12. Old/New Business This notie® posted on "Official Bulletin Board" City Hall Ave., Salem, Mass. on(� at /' 133v/�/fj ll1 accordance e�ii"�t'�t� . IVs, ... 23A ' ��3B of U. L. • Salem Conservation Commission Minutes of Meeting Thursday, May 26, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, May 26, 2005 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 and Keith Glidden. Also present was Conservation Administrator Frank Taormina Members Absent: Joe Furnari, Kevin Carr, and Clerk Eileen Sacco Aooroval of Minutes The minutes of the Conservation Commission meeting held on May 12, 2005 were presented for approval. Kevin Cornacchio suggested that the minutes be tabled to next meeting as there are not enough members present who were in attendance at the meeting to approve them. Continuation of Public Hearing - Notice of Intent - Ward II Social Club - DEP #64- 383 Atty. Scott Grove addressed the Commission updated them on the Commission on • the project. He submitted a letter requesting that the public hearing be continued to June 9, 2005. David Pabich made a motion to continue the public hearing for the Ward II Social Club to June 9, 2005, seconded by Keith Glidden and approved. Continuation of Public Hearing - Reauest for Determination of Applicability - Mark Tremblay - 7 Laurier Road - Determination of Work Related to the Installation of a Wooden Fence. Removal of Debris from Brook and Cleaning of a Drain Pipe within a Bordering Vegetated Wetland and Intermittent Stream Kevin Cornacchio read a letter from the applicant requesting that the public hearing be continued to June 9, 2005. David Pabich moved to continue the public hearing to June 9, 2005, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Irving Oil Corporation - Moose Lodge site - 319 Highland Avenue - Redevelopment of Parcel with a gas station convenience store and bank Kevin Cornacchio read a letter from the applicant requesting that the public hearing be continued to June 9, 2005. David Pabich moved to continue the public hearing to June 9, 2005, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Giacalone Construction Company - Proposed Extension of Almeda Street and the Filling and Replication of BVW at 12 Almeda • Street - DEP 64-382 1 • Stan Bigelow addressed the Commission and stated that he was representing himself this evening as the designing engineer on the project. He stated that he is here tonight to update the Commission on what is taking place. Mr. Bigelow explained that Mr. Giacalone had sold the lot in question but has retained responsibility for meeting the Superseding Order of Conditions (DEP #64- 323). He stated that there has been negotiations with a third party interested in purchasing the property and they are negotiating for the third party to take over the responsibility for this and provide funds at closing in an escrow account to cover the cost of the project. He stated that he thought that this would be beneficial for all involved. He also stated that at the present time he did not think that Mr. Giacalone has any intent to complete the project unless it is sold. He stated that he has taken a heavy hit and does not want to take anymore hits on this project. He suggested that they would like to request an continuation of the public hearing to June 23, 2005 to complete the negotiations on this. Keith Glidden asked Frank Taormina if he has been out to the site. Frank stated that he has been out there and the site is not in compliance. David Pabich stated that there was a laundry list of things that the Commission wanted done out there. Kevin Cornacchio stated that he went out there as well and there is lumber and trash in the resource area. David Pabich suggested that the Commission take a heavy hand on this. He noted that it is not the problem of the Commission to take care of someone else's poor • planning. Frank Taormina noted that the widening of the roadway needs to be completed as planned regardless of the ownership of the project. He suggested to the Commission that the application not be withdrawn and not be denied, and stressed that Mr. Giacalone has a binding agreement with the City Engineering Department to finish the roadway and extend the utilities. Frank noted that the wetlands have already been filled and now must be replicated and that the Commission is still waiting for a replication plan from Mr. Giacalone. Mr. Bigelow stated that he would pass that information along to his client. Frank Taormina noted that when the property changes hands, that the contact information of the new property owner be forwarded to the Commission. In addition, the Commission also needs an acknowledgement from the new property owner that they are aware of the Superseding Order of Conditions (DEP #64-323) which is currently in violation, the binding Agreement with the City Engineering Department to widen and extent Almeda Street and the public utilities to the rear of their lot line, and a Notice of Intent (DEP #64-382) for the widening and extension of Almeda Street which includes the filling and replication of wetlands. David Pabich stated that the Commission should visit the site and send that applicant formal notification on what needs to be done on the project regardless of whether he builds the house or not. Kevin Cornacchio suggested a site visit this weekend. Members decided to visit the • site individually and send their comments to Frank via email. 2 • Keith Glidden moved to continue the public hearing to June 23, 2005, seconded by Michael Blier and approved. Continuation of Public Hearing - Notice of Intent - Douglas and Jean Karam - 25 Winter Island Road- Reconstruction of a Single Family Home and Porch within Land Subject to Coastal Storm Flowage and a Buffer Zone to a Coastal Bank and Salt Marsh Atty. Scott Grover addressed the Commission noted that John Dick is also present this evening. He noted that at the last meeting they agreed on an Order of Condition but the Commission could not issue it because the DEP file number had not been issued yet. He stated that they have the number now and asked that the Commission issue the Order. Kevin Cornacchio reviewed the Order of Conditions with the Commission. Michael Blier requested that they explain the plans for planting since he was not present at the last meeting. John Dick explained the plans noted and that the recommendations have been give to Rick Rennard, the Tree Warden for the City of Salem. He explained the landscaping plan to stabilize the site. Kevin Cornacchio noted that some arborvitae were damaged and asked what the status if that was. Atty. Grover explained that some of the roots of the arborvitae were damaged during the excavation for the foundation and the Karam's have agreed that if there is any permanent damage they will compensate the neighbor. • Frank Taormina noted that he has received reports of standing water in the foundation for the house and stated that they need to make sure that it is disposed of appropriately. John Dick stated that it would be best for them to dewater that to the nearest catch basin through a filtration system, but since it is a tight site he suggested that they use a piece of filter fabric in the basin itself, and construct a small settling pen next to that and dewater it into the pen through a silt fence and a row of hay bales and let it trickle to the basin. He stated that it would probably only require a days worth of pumping. Kevin Cornacchio stated that he would like that to be a special condition. Kevin Cornacchio opened the hearing up for public comment at this time. Ed Moriarty of 29 Winter Island Road addressed the Commission and stated that he was not present at the last meeting. He stated that he felt that the tree issue is a matter for the Conservation Commission and not the tree warden. He stated that he was shocked to find out this evening that the matter was being handled by the tree warden. Frank Taormina informed him that the Commission invited the Tree Warden to the Commission meeting and there is a process that needs to be gone through with the tree warden and his board. He noted that the Tree Warden made the suggestions at the request of the Commission and they are relying on his judgment on this matter. Mr. Moriarty stated that the Commission could make a condition that there be strict compliance of the recommendations of the tree warden. Mr. Moriarty stated that he would like a separate section of conditions regarding the • replacement of the trees. Mr. Moriarty also stated that he disagrees with Mr. Dick's suggestion that the Norway maple is inappropriate for the location. 3 • Keith Glidden moved to close the public hearing, seconded by Michael Blier and approved. Kevin Cornacchio reviewed the proposed conditions for the project. The Commission will add a condition regarding the dewatering of the foundation. David Pabich moved to issue an Order of Conditions with special conditions, seconded by Keith Glidden and approved. Frank Taormina informed the applicant that the cease and desist order will be lifted and they may resume construction after the appeal period lapses. Continuation of Public Hearing - Notice of Intent - Triple A Tree Services - 120 Swampscott Road - Mr. Hibbard Kevin Cornacchio read a letter into the record from DEP regarding this project, noting that they feel that the matter can be handled by the Commission process. Mr. Griffin addressed the Commission and stated that they have no new information to offer this evening but suggested that they would like to review issues with the commission that were raised at the site walk. Mr. Griffin stated that the proposed grades are being revised so that everything will drain toward the proposed infiltration basin. He noted that the infiltration basin should have an emergency overflow and that is being looked at. He stated that the • basin is being sized for greater than the 100 year storm, so they probably don't need it but they are looking at it. He also stated that they are looking at pre treatment around the basin. He stated that the bottom of the basin is proposed for 75 feet which is too close to the groundwater so they are revising that to bring the elevation up. He noted that once all of the changes are made the calculations will change and they will submit revisions. Mr. Griffin reviewed the plans and the request of the commission to show topo's on the plan. He noted that the changes will be shown on the revised plan. Mr. Griffin stated that the Commission requested a physical barrier at the top of the slope and they are looking at that. Kevin Cornacchio stated that there have been reports from the neighbors that the stream runs all the time. Mr. Griffin stated that there is a provision in the regulations that this would appear not to be a permanent stream. He stated that they changed the definition in the regulations regarding perennial streams. David Pabich stated that he feels that if there are no other outlets from the pond then this would be the outlet. Mr. Griffin stated that they would only be able to prove this if they had photos of it being dry. Keith Glidden asked if they have contracted to do the work. Mr. Hibbard stated that he would be doing the work himself and they do excavation in his business. He explained that there were some logs that slid down close to the wetland and that . would be removed and the site will be stabilized. Keith Glidden noted that across the street they addressed a mulch pile and they did a great job with the site. 4 • David Pabich noted that he noticed at the site visit that the log pile itself looks haphazard and he was uncomfortable standing next to it. Mr. Hibbard explained the process he uses when stacking logs. He noted that they were going to move them around and they stopped. He stated that they will be stacked correctly as well as the fire wood. Frank Taornima noted that there is a small stream crossing and he asked if there were any other proposed stream crossings noting that they will be using heavy equipment. He noted a location on the site where there need to cross the stream and explained that the Army Corp is changing the process for that. He stated that any work done on that stream crossing or the stabilization of that stream crossing will likely need a PGP form the Army Corp of Engineers. David Pabich stated that he would like them to get the details of how they will access the site and the detail of the existing stream crossing. Kevin Cornacchio opened the hearing up for public comment at this time. There being none Keith Glidden made a motion to continue the public hearing to June 9, 2005, seconded by David Pabich and approved. Public Hearing - Notice of Intent - Scott Patrowicz, 10 Derby Square, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a sewer line within an existing sewer easement within a buffer zone to a BVW on property owned by the City of Salem. Salem Conservation Commission. and Thomas Circle Realty Trust located at 320 Highland Avenue, Rear Ravenna Ave. and 7-17 Thomas Circle • Scott Patrowicz addressed the Commission and explained that they are proposing to extend a sewer line. He stated that the next permit they need is the sewer extension permit from the engineering department and then go to the state for the permit. He noted that the project has been through the permitting process for a few years. He explained that there was a lot of discussion about where the sewer line should go. He explained the location of Thomas Circle. He stated that his client owns property that was subdivided and that was appealed and an agreement was reached for four lots and part of the discussion was where was the infrastructure going to go. Because Thomas circle is narrow and ledge the best route was determined and he explained that on the plan. He noted that they are now in the planning stages and they looked at the area and as part of this process they decided was to go flag the wetlands. He noted that Mike DeRosa is here this evening to address that. Mr. Patrowicz explained the locations of the lots and the location of the sewer line. He also noted the location of Salem conservation Commission land and City of Salem land. Mr. Patrowicz stated the city engineer has made some recommendations to cut brush on the site for vehicle access. He explained that the work would be done about 63 feet from the wetland boundary. He also gave the Commission the registered mailing cards and noted that they do not yet have a DEP file #. Kevin Cornacchio read a letter from Joe Nerden regarding this project. Kevin • Cornacchio noted that all of the work is in the buffer zone. Frank Taormina noted that this site is directly across the street from the proposed Irving Gas station site. 5 • Kevin Cornacchio asked if they would be removing anything from the site. Mr. Patrowicz stated that he is not anticipating any. He noted that the route is compacted and was constructed in the 1970's. he also noted that Mr. Nerden thought that was a good idea and they will be maintaining the area as an access point. Frank Taormina stated that the width of the path should be conditioned. Mr. Patrowicz explained the location and the amount of room that they might need. He noted that the plan shows the location intended. David Pabich noted that there is a swale on the plan. Mr. Patrowicz stated that it was proposed long ago by the city engineer and explained the plan. David Pabich expressed his concern about the flow being dispersed noting that he understands that it is outside of the buffer zone but it needs to be addressed, noting that he is sure it is a fair amount of water. Mr. Patrowicz explained the plan and the use of the swale and its function. He noted that the thinking back then was to concentrate it in one spot but that may not be practical today. Kevin Cornacchio stated that he felt it was unusual to use PVC for a sewer line. Mr. Petrowicz explained that it is not unusual these days to use it. Kevin Cornacchio opened the hearing up for public comment at this time. Richard Williams of 3 Thomas Circle addressed the Commission and noted that his daughter owns the property. He stated that he has been a staunch opponent of the • project. He explained the history of the project and the history of it. He reviewed the location of the sewer and the route it takes on the plans. He stated that he has a letter from 1979 from Tony Fletcher regarding the area and denying any changes to the sewer system in that area. He stated that he cannot understand this and it seems cost prohibitive to run the sewer as it is planned. He noted that there are conditions to run the sewer line over to his daughter's third lot. He stated that he felt that it would cost a lot more money and do a lot more damage. He stated that the city spend hundreds of thousands of dollars to bring the sewer up to Thomas Circle. He stated that the lots are being advertised for $600,000 as buildable lots. He stated that it should have not passed through the planning board and expressed his feelings about the project. Scott Patrowicz clarified that Mr. Williams feels that the preferred location would be along Thomas Circle for the sewer and the water main. Mr. Williams stated that it belongs in the street where it can be accessed. Mr. Patrowicz stated that he is confused and questioned why he is here discussing this if it is not the agreed upon location. He stated that he felt that this was new information that he would like to come back to the city engineer to discuss this. Susan Howland of 3-5 Thomas Circle addressed the Commission and stated that she met with Scott and Atty. Correnti and they reviewed the plans. She noted that location on the plans and explained the history of the site and her concerns about the increase in traffic in the neighborhood. She stated that they negotiated with the city and her dad has been involved in that. She noted that there are kids in the neighborhood and she is concerned for their safety. She explained that it was • agreed that the sewer and water would be brought to her property and she thought that it was a good agreement. She explained that she thought she would get a copy of the plan and she has not received it as of yet. She stated that she is concerned 6 • that if the property is sold she is going to have to deal with people that have not been involved in the process. Mr. Patrowicz suggested that they do a little more research on this and noted that they may be at the wrong board. Mr. Williams stated that he feels that going through the conservation land will set a precedent that should not be set. Kevin Cornacchio suggested that the public hearing be continued to allow for more Costa Pantakis addressed the Commission and explained that the location of the sewer in this location has been represented as such during the entire legal process as well as the planning board process. He stated that he would like a determination on this application. Kevin Cornacchio stated that we have to continue the matter because there is no DEP file #. Richard Deschamps addressed the Commission and stated that none of the abutters like the location of the sewer. He also questioned why they are going into the manhole and not going straight down. Scott Petrowicz explained the location and how they decided on it. Mr. Deschamps stated that the Atty. General has been asked for an opinion and Councillor Lovely requested a cease and desist order on this until that opinion has been received. He asked what the status of that is and where is the opinion from the Atty. General. • Scott Patrowicz stated that he does not know anything about the cease and desist and he was told by Atty. Correnti that it was appropriate to file for this. Frank Taormina stated that all of this is outside of the jurisdiction of the Commission. David Pabich agreed and noted that he felt that it would be cheaper to go through Thomas Circle. Scott Petrowicz stated that the location was chosen due to the potential closing of Thomas Circle to do the work. Keith Glidden stated that he feels that there is no legal obstacle to prevent this application from being approved and suggested that he would like to know more about the cease and desist order. Costas Pantakis stated that he is unaware of any cease and desist order being issued on this property. He also noted that they are just following the Memorandum of Understanding. There being no further questions or comments regarding this matter at this time a motion was made by David Pabich to continue the public hearing to June 9, 2005, seconded by Keith Glidden and approved. Public Hearing—Request to Amend Order of Conditions—DEP #64- 380—Massachusetts Electric Company. 25 Research Drive Westborough MA 01582. The ouroose of the hearing is to discuss amendments to a previously approved Order of Conditions (DEP #64-380) the location change of test • management trenches and reviving of the bioremediation activities previously performed at 20 Pierce Avenue. 7 • Ken Lento addressed the Commission and explained the plans. He noted that they are requesting to amend an Order of Conditions issued last fall by the Commission. He noted that they have been requested to shift the three trenches out of the tidal flats and out on to the beach. He also noted that they are requesting to perform a bioremediation study in an area that they have already treated. He stated that they tested the equipment last October and it worked nicely. He noted that they had to go back to the process because the order expired. He noted that they would like to attach that to this order. He explained the testing and the process that they will use. He noted that it would be for a two to three day period and they are required to do this prior to the end of lune in consideration of fisheries. He noted that they will be before the Planning Board on this next week for their approval. Kevin Cornacchio opened the hearing up for public comment at this time. There being none, Michael Blier moved to close the public hearing, seconded by David Pabich and approved. David Pabich moved to amend the Order of Conditions for Mass Electric, seconded by Keith Glidden and approved. Public Hearing—Notice of Intent—Massachusetts Electric Company, 25 Research Drive, Westborough, MA 01582 The purpose of this hearing is to discuss the rearmament of a Coastal Beach and Coastal Bank to restrict migration of miscellaneous fill at Collins Cove. • Mr. Lento addressed the Commission and explained the plans. He noted the location and the materials on the site. He stated that they have found that material is being broken up by wave action and they are currently doing work in a neighbor's beach. He explained that the material is about 10 feet thick layer and they ran into obstacles with an access roadway and a sea wall and an electrical transmission tower on Mass Electric beach which is a big line and cannot be jeopardized. He stated that they want to cap 1100 linear feet of beach and propose riprap with a similar material that is there and a three-foot thick cover. He stated that the toe of the slope would be tied into the trench that was just approved. He also noted that there would be a geotextile fabric as well. Elizabeth Greene explained that they have met federal and state officials on that. Frank Taormina stated that he met with them as well and they prefer this method. Mr. Lento stated that they need a chapter 91 license for this and they are in the process of applying for that. He stated that they are at 25% design phase right now and they are waiting for comments to proceed. Kevin Cornacchio stated that he would like a condition that if there is any movement of the stone it will have to be replaced. Mr. Lento stated that they will be monitoring it and reporting to the Commission every six months. Kevin Cornacchio opened the hearing up for public comment at this time. There being none, Michael Blier moved to close the public hearing, seconded by David • Pabich and approved. 8 Keith Glidden moved to issue an Order of Conditions, seconded by Michael Blier and approved. Old/New Business Frank Taormina reported that Beth Rennard has issued a covenant for the Clark Avenue property that the Commission agreed to and he needs a vote authorizing the Chairman to sign on behalf of the Commission. David Pabich moved to authorize Chairman Kevin Cornacchio to sign the covenant on behalf of the Salem Conservation Commission, seconded by Keith Glidden and a roll call vote was taken as follows: Michael Blier Yes Keith Glidden Yes David Pabich Yes Kevin Cornacchio Yes The motion was approved unanimously. Frank Taormina stated that he was signing the Secretaries Certificate that the vote was taken. He noted that this document would then be recorded at the Registry of Deeds and a copy given to the Commission. • Frank Taormina stated that he sent Councillor Bencal a letter and updated the Commission on the status. He stated that the Massachusetts Division of Marine Fisheries does not want Gilford Rail out there during Spawning Season. The first week of June will be acceptable. Frank Taormina reported illegal dumping of debris in the Riverbank Road neighborhood and he is going to send a letter to all of the abutters. There being no further business to come before the Conservation Commission this evening, a motion was made by Kevin Carr to adjourn the meeting seconded by Keith Glidden and approved. The meeting was adjourned at 6:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC052605 • 9 co Cl 'zALE,1, MA CITY OF SALEM CLERK'S OFFICE CONSERVATION COMMISSION .1005, JUN -b A 9: 08 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,June 9,2005 at 6:00 pm at Cit Hall An oom 313, 120 Washington Street. 1 40 *vin P. acch o, Chairman Tentative Agenda: 1. Meeting Minutes—May 12, 2005 and May 26, 2005 2. Continuation of Public Hearing—Request for Determination of Applicability—Mark Tremblay, 7 Laurier Road, Salem, MA 01970. The purpose of the hearing is for a determination of work related to the installation of a wooden fence, removal of debris from a brook, and the cleaning of a drainage pipe within a Bordering Vegetative Wetland and Intermittent Stream at 7 Laurier Road. • 3. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward Two Social Club, I & 3 East Collins Street, Salem,MA 01970. The purpose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and repaving a parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1 & 3 East Collins Street. 4. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree Services,P.O. Box 1492,Saugus,MA 01906. The purpose of this hearing is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a Buffer Zone to an Inland Bank and BVW at 120 Swampscott Road. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-394—Irving Oil Corporation, 190 Commerce Way, Portsmouth, NH 03801. The purpose of this hearing is to discuss the redevelopment of a 1.8-acre parcel of land with a gas station, convenience store, and bank at 319 Highland Avenue (former Moose Lodge Property). Co„f,�'Va16'0' 4 6. Public Hearing—Notice of Intent—DEP#64-397—Scott Patrowicz, 10 Derby Square,Salem,MA 01970. The purpose of this hearing is to discuss the construction of a sewer line within an existing sewer easement within a Buffer Zone to a BVW on property owned by the City of Salem, Salem Conservation Commission, and Thomas Circle Realty Trust located at 320 Highland Avenue, Rear Ravenna Ave, and 7-17 Thomas Circle. �} (j/ n 7Ail I "89 posted 011 woffi ilal gullsl�t 7. Old/New Business C1ty Nall Ave.eom , Salem, Klass. on � 1 at- 9 238 &=Ida= With Clap. 39 ft& 23A a3B 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, June 9, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, June 9, 2005 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, Kevin Carr and Keith Glidden. Also present was Conservation Administrator Frank Taormina. Members Absent: Michael Blier Approval of Minutes The minutes of the Conservation Commission meeting held on May 12, 2005 and May 26, 2005 were presented for approval. Kevin Cornacchio suggested that the minutes be tabled as there are not enough members present who were in attendance at the meeting to approve them. Kevin Carr moved approval, seconded by Joe Furnari and approved. Continuation of Public Hearing - Notice of Intent - Ward II Social Club - DEP #64- 383 • Kevin Cornacchio read a letter from Atty. Scott Grover requesting that the public hearing be continued to June 23, 2005. David Pabich made a motion to continue the public hearing for the Ward II Social Club to lune 23, 2005, seconded by Keith Glidden and approved. Continuation of Public Hearing - Request for Determination of Applicability - Mark Tremblay - 7 Laurier Road - Determination of Work Related to the Installation of a Wooden Fence. Removal of Debris from Brook and Cleaning of a Drain Pipe within a Bordering Vegetated Wetland and Intermittent Stream Kevin Cornacchio read a letter from the applicant requesting that that he be allowed to withdraw his application without prejudice on the advice of his Attorney. Joe Furnari made a motion to allow Mr. Tremblay to withdraw his application without prejudice, seconded by Kevin Carr and approved. Continuation of Public Hearing - Notice of Intent - Triple A Tree Services - 120 Swampscott Road - Mr. Hibbard Kevin Cornacchio read a letter from the applicant requesting that the public hearing be continued to lune 23, 2005. David Pabich made a motion to continue the public hearing for Triple A Tree Services to June 23, 2005, seconded by Keith Glidden and approved. • 1 • Public Hearing - Notice of Intent - Irving Oil Corporation - Moose Lodge site - 319 Highland Avenue - Redevelopment of Parcel with a gas station convenience store and bank Mike Howard addressed the Commission and explained that they have had a site visit since the last meeting. Kevin Cornacchio asked if they have determined a location for the dumpsters on the site yet. Mr. Howard located the area on the plan and explained plans for the members who were not present at the last hearing. He noted that their application is very detailed and comprehensive. He noted that they are currently before the Planning Board for their approval. He also explained that they would be going to the Board of Health for their review as well. Atty. Correnti noted that the area has been rezoned by the City Council last December. Kevin Cornacchio questioned whether the septic system would be pumped out or abandoned and left as it is. Mr. Howard stated that they do not know exactly where it is but if it is uncovered during construction they will remove it as they do not want to leave it there. He noted that something that old is probably a cesspool. Frank Taormina asked if they happened to bring the markers with them. Mr. Howard explained what they are and noted that they are permanent markers and say City of Salem Conservation Area on them. He stated that they would work with Frank on the • wording for them. Kevin Cornacchio stated that he is concerned about the runoff from the dumpster and asked if they are planning any curbing for that area. Mr. Howard explained that the area where the dumpster will be is graded and there will be a collection system. Frank Taormina asked about snow storage areas for the site. Mr. Howard located them on the plans. David Pabich recommended that they make a good effort to find the septic system noting that independent of whether they come across it, if there is a tank there, they are leaving themselves open to liability ten years down the road if it fails and someone is playing around on the top of that slope. He also noted that there are abandonment techniques that are standard practice. Mr. Howard reviewed the site and noted possible locations noting that they will take a good look at that. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Joe Furnari moved to close the public hearing seconded by Kevin Carr and approved. Joe Furnari moved to issue an Order of Conditions, seconded by David Pabich and approved. The Commission discussed special conditions for the project. David Pabich requested . that they provide Frank Taormina with a template on the placard that they will be using so that they can give them to other applicants when needed.. Mr. Howard 2 • explained that they have to buy them in quantity and he will get together will Frank on that. Public Hearing - Notice of Intent - Scott Patrowicz 10 Derby Square Salem MA 01970. The purpose of this hearing is to discuss the construction of a sewer line within an existing sewer easement within a buffer zone to a BVW on property owned by the City of Salem. Salem Conservation Commission and Thomas Circle Realty Trust located at 320 Highland Avenue, Rear Ravenna Ave and 7-17 Thomas Circle Scott Patrowicz addressed the Commission and explained that they filed on May 12, 2005 and on May 26, 2005 the ownership of Thomas Circle Realty Trust changed to Crete LLC. He noted that the two other owners did not change. He stated that the proposal is the same and explained that they would like permission to install a sewer main down the back sites of these properties and explained the area of focus on the plan. He stated that after much discussion there are four lots being proposed and part of that is the sewer line. He noted that they located the wetlands and explained the plan. He stated that they are proposing to tie into an existing manhole and explained the route that they need to take in order to do that. He stated that a silt fence will be installed. He also noted that there was a discussion on how the trucks would access the site. Mr. Patrowicz noted that there is a lot of detail on that plan unrelated to this work. He also noted that upon approval from the Conservation Commission they will be • applying to the state through the City Engineering Department for a Sewer Extension Permit. He stated that at that level the Engineering Department will take a closer look at the process and how the work will be done. He noted that they have a letter from the City Engineer stating that at this level they are fine and the process should proceed to the next level. Mr. Patrowicz noted that they have been given a DEP file #64-397. He also noted that Atty. Correnti is present this evening as is Mr. Howland. Kevin Cornacchio noted that there was a question of bringing in the sewer line in an existing water line trench. Mr. Patrowicz explained that there was some discussion about another alternative different from this to bring the water and the sewer inside the city street and they have not abandoned that idea. He noted that he was late for this hearing because he was talking to Ken Howland about that possibility and noted that if that turns out not to be a possibility this would be the only spot that they could put the sewer. He stated that they would like to explore that a little more and move forward on this proposal, noting that they have been working on this proposal since the year 2000 and they have a land court plan showing the sewer easement and it is only recently that they have been entertaining bringing the water and sewer inside the street. He noted that this is the preferred route but he was not sure if it would happen. Atty. Correnti noted that it is not the preferred route of the abutters and they made that clear five years ago. He noted that they did not want the driveway coming up Thomas Circle and they requested that they come up the back because of emergency • vehicle access and that is the reason for this plan. 3 • Kevin Cornacchio asked if the area was at its limit of development. Atty. Correnti stated that Thomas Circle was but there is land in the back. He noted that he is not stating that there is another project coming in. Mr. Patrowicz explained that if there is development of that property there is a sewer line that goes through it. He also explained the elevations of the area and noted that there is a 14-foot drop. David Pabich noted that he is concerned about work close to the resource area near the city property. He questioned what the Engineering department expects will be done in that area. Mr. Patrowicz explained that they have talked to the Engineering Department about cutting some brush so that they can get their trucks back there to do the construction and leave. He stated that they have not discussed anything about maintaining it as a future access point and in their minds they are figuring it would grow up eventually and someone else would come in and noted that it could be further explored with the Engineering Department. David Pabich noted that he is concerned about what is going to happen to that path and would like to condition the approval that when they are done that an inspection be done and treatment or grading be done if needed. Mr. Patrowicz stated that he would like to close the public hearing tonight and get approval so they can proceed to the next step and work with the Engineering Department on the plan. David Pabich noted that they Commission needs to do a site visit, explaining that the Commission has a policy of visiting every site now due to circumstances that have • happened recently. David Pabich asked if the site was flagged. Scott Patrowicz noted that there are wetlands flags on the site but they are not near the location in question. He explained that he could put some flags out if the Commission would like. The Commission will visit the site on Saturday morning June 18, 2005 at 8:00 a.m. Frank Taormina will notify the Commission members not present. 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 Joe Furnari to continue the public hearing to June 23, 2005, seconded by David Pabich and approved. Old/New Business Joe Furnari reported that the attended a site visit with Councillor Bencal to the Gilford Rail site and reported that they are agreeable to cleaning up the site. He explained that Councillor Bencal wants to do a community clean up the area. He noted that the city of Peabody will be involved as well as Stop and Shop. David Pabich asked for an update on the Almeda Street property. Frank explained that there is a new owner and they are agreeable to completing the project. He • noted that Stan Bigelow will remain on the project and has indicated that he will see that it is done properly. He noted that they are aware that if they are not in compliance by Monday they will be fined. 4 • There being no further business to come before the Commission this evening, a motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Carr and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC060905 • • 5 M"+Irl Ca�cre�lt Cl-1Y OF SALEM, MA CITY OF SALEM CLERK'S OFFICE CONSERVATION COMMISSION 1]05 JUN 2n A a: 59 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, June 23, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. • ?Kev"in ..Vomacc o, 4*al& Chairman Tentative Agenda: 1. Meeting Minutes—May 12, 2005, May 26, 2005, & June 9, 2005 2. Continuation of Public Hearing—Notice of Intent—DEP#64-382—Giacalone Construction Co. Inc,Rear 95 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 Bordering Vegetative Wetland at 12 Almeda Street. 3. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward Two Social Club, l & 3 East Collins Street,Salem,MA 01970. The purpose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft.of parking lot to lawn and repaving a parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at I & 3 East Collins Street. 4. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree Services,P.O.Box 1492,Saugus,MA 01906. The purpose of this heating is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a Buffer Zone to an Inland Bank and BVW at 120 Swampscott Road. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-397—Scott Patrowicz, 10 Derby Square,Salem,MA 01970. The purpose of this hearing is to discuss the construction of a sewer line within an existing sewer easement within a Buffer Zone to a BVW on property owned by the City of Salem, Salem Conservation Commission, and Thomas Circle Realty Trust located at 320 Highland Avenue, Rear Ravenna Ave, and 7-17 Thomas Circle. 6. Old/New Business TAIa notice posted on "Official Bull®tin Board" C31y Mall Ave., Salem, Mass. on UIDE U, doa5 • at 9:59 AM it aocordt O'hap. 39 QAQ 23A & 23B of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALEM.001\1 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,July 14,2005 at 6:00 pm at City Hall Annex,Room 313, 120 Washington Street. /Ke4vi"n7?maCccMhio.WWFj- Chairman Tentative Agenda: 1. Meeting Minutes—May 12, May 26, & June 9,2005 2. Public Hearing—Notice of Intent—The City of Salem, 120 Washington Street, Salem,MA. The purpose of this hearing is to discuss the construction of the Salem Ferry Pier within a Designated Port Area, Land Under Ocean, and Land Subject to Coastal Strom Flowage at 10 Blaney Street • 3. Continuation of Public Hearing—Notice of Intent—DEP#64-382—Giacalone Construction Co. Inc,Rear 95 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 Bordering Vegetative Wetland at 12 Almeda Street. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-397—Scott Patrowicz, 10 Derby Square,Salem,MA. The purpose of this hearing is to discuss the construction of a sewer line within an existing sewer easement within a buffer zone to a BVW on property owned by the City of Salem, Salem Conservation Commission,and Thomas Circle Realty Trust located at 320 Highland Avenue, Rear Ravenna Ave, and 7-17 Thomas Circle. 5. Continuation of Public Hearing—Notice of Intent—DEP #64-385—Dan Hibbard, AAA Tree Services,P.O. Box 1492,Saugus, MA 01906. The purpose of this hearing is to discuss the proposed construction of a gravel driveway to Robinson Road and associated grading within a buffer zone to an Inland Bank and BVW at 120 Swampscott Road. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward Two Social Club, 1 & 3 East Collins Street, Salem, MA. The purpose of this hearing is to discuss the after-the-fact conversion of 2,280 sq. ft. of parking lot to lawn and repaving a parking lot within a Buffer Zone to a Salt Marsh and Land Subject to Coastal Storm Flowage at 1 & 3 East Collins Street. • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • 7. Request to Extend Order of Conditions—DEP #64-334—Maritimes & Northeast Pipeline and Algonquin Gas requests a two-year extension permit to complete Phase III of the Hub Line. 8. Public Hearing—Abbreviated Notice of Intent— Lisa Brooke and Daniel Rowe, 136 Bayview Avenue, Salem, MA. The purpose of this hearing is to discuss the replacement of the existing foundation under porches in the front and rear of house and installation of concrete pilings to support extension of deck in the rear of the house, located within Land Subject to Coastal Storm Flowage and a Buffer Zone to a Coastal Bank at 136 Bayview Avenue. 9. Public Hearing—Notice of Intent—Stephen Lovely, 14 Story Street,Salem,MA. The purpose of this hearing is to discuss the after-the-fact paving of the paper street portion of Story Street located within a buffer zone to a Bordering Vegetative Wetland. 10. Public Hearing—Notice of Intent—Sideridis Costa,2 Autumn View,Salem,MA. The purpose of this hearing is to discuss the construction of a deck and addition to and existing single family dwelling within the buffer zone to a Bordering Vegetative Wetland at 2 Autumn View. • 11. Old/New Business • s • Salem Conservation Commission Minutes of Meeting Thursday, July 14, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, July 14, 2005 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, Kevin Carr, Keith Glidden and Michael Blier. Also present were Conservation Administrator Frank Taormina and clerk Eileen Sacco. J Members Absent: None Public Hearing - Notice of Intent - City of Salem. MA - Construction of the Salem Ferry Pier within a Designated Port Area, Land Under Ocean and Land Subject to Coastal Storm Flowage - 10 Blaney Street. Becky Longley of the Salem Planning Department addressed the Commission and explained that this project is part of a grant to construct and install a ferry pier at 10 Blaney Street. She noted that this would be a temporary pier that will be used for three to five years. She also noted that the city is in the process of looking for a Ferry Operator for the service. Ms. Longley explained that the pier will be 90-100 feet long and vessels and other transient charters will be able to use it as well as the ferry service. • Susan St. Pierre addressed the Commission and explained the plan and the location. She noted that in 1998 the site was used for a demo ferry service from Salem to Boston and the intention here is to run the service from this pier for 3-5 years until the city can secure funding for a new ferry pier. She noted that a pile dolphin is included in the plan. She estimated that the construction would be done this fall with water based construction equipment. Kevin Cornacchio asked if this plan calls for any dredging. Ms. St. Pierre stated that there is no dredging planned at this time, but when the permanent pier is built dredging will be needed. David Pabich asked if there would be any improvements to the parking area in this project. Ms. St. Pierre stated that there are no plans for upgrading the parking area at this time. David Pabich asked how many feet are between the concrete and the dock. Ms. St. Pierre stated that she thought it was about 150 feet to the closest point. Kevin Cornacchio asked if the piles would be driven. Ms. St. Pierre explained that they would be pile driven and filled with concrete within five feet. Kevin Cornacchio asked if there would be a trailer on the site for ticket sales and bathroom facilities etc. Ms. St. Pierre stated that she assumed that there would be some sort of structure for that but it is not included in this plan and that would be up • to the operator of the ferry service. She suggested that they could file a plan with the Commission when an operator is chosen. • Kevin Cornacchio opened the hearing up for public comment at this time. Pat Sosnowski of 17 Collins Street addressed the Commission and noted that they are in the commercial fishing business and asked if there were any plans to allow commercial fishermen to dock when the ferry service is not running. Ms. Langley stated that there are no plans for that at this time. Frank Taormina informed the Commission that he has received the DEP file # for this project. David Pabich asked if there was a waste management plan for the site. He stated that he felt that the ferry operator or the city should submit a waste management plan for the site. Michael Blier suggested that the Commission visit the site. The Commission members will go to the site on their own to view the area. There being no further questions or comments regarding this matter a motion was made by Kevin Carr to continue the Public Hearing to July 28, 2005, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - Scott Patrowicz 10 Derby Square Salem MA 01970. The purpose of this hearing is to discuss the construction of a sewer line within an existing sewer easement, within a buffer zone to a BVW on property owned by the City of Salem. Salem Conservation Commission, and Thomas Circle Realty • Trust located at 320 Highland Avenue, Rear Ravenna Ave. and 7-17 Thomas Circle Scott Patrowicz addressed the Commission and noted that a site visit was held by the Commission and asked if there were any further questions that he could address. 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. Kevin Carr moved to issue an Order of Conditions with special conditions, for 7-17 Thomas Circle, seconded by Keith Glidden and approved. Continuation of Public Hearing - Notice of Intent - Triple A Tree Services - 120 Swampscott Road - Mr. Hibbard Joe Orzell addressed the Commission and noted that they have submitted revised plans and information since the last meeting. He explained the changes to the plans and the locations on the plans. He noted that they plan to clean up debris and branches that are on the site. Mr. Orzell reviewed the plan and noted that a sediment forbay swale has been added to the plan to infiltrate the basin. He also noted that a line of boulders is proposed to define the limit of work and to prevent any encroachment in the future. Mr. Orzell noted that a typo has been corrected in the runoff analysis. He also noted • that a larger size stone is proposed rather than pea stone. 2 • Mr. Orzell noted that the City Engineer has received the revised plans but has not commented on them yet. Frank Taormina asked them who would be doing the site work. Mr. Hibbard stated that he would be doing most of the work himself. David Pabich noted that at the last meeting the commission asked whether the stream crossing was adequate for the new use of the property?? Also if the structure needed to be altered does it meet the stream crossing standards?? He also noted that he is concerned about uncontrolled flow and noted that it would be simple to make an effort to control sediment that will go to the street. He suggested a vegetated buffer strip between the road and the stream, noting it was passive control but there should be some control. David Pabich also expressed concern about the possibility of emergency spills going across the road and into the stream. He suggested that it should be piped under the roadway or a drainage swale might be installed. Kevin Cornacchio asked if there were snow storage locations on the plan. Mr. Orzell stated that they would be looming and seeding and there are no snow storage in the basin. Kevin Cornacchio asked is DEP still had concerns with this project. Frank Taormina noted that this project was started without prior approval from the • commission and was in violation of the WPA. Because a significant amount of vegetation on site was clear-cut the DEP was looking to impose fines but have since then notified Frank and told him that the local conservation commission should deal with the mitigation of the site. Frank reminded the commission that they need to address the violations. Kevin Cornacchio opened the hearing up for public comment at this time. Fred Hutchinson addressed the Commission and expressed his concern about the use of land that he owns on Robinson Road. He explained that they would have to cross his land. David Pabich stated that he feels that it is a waste of time for the Commission to spend all this time on the project if there are legal issues. Frank Taormina explained that there is still much to be determined on this and noted that whether or not they access the property from the rear of Robinson Road is not the jurisdiction of the Conservation Commission. He explained that an approval from the commission does not give the applicant the right to access the lot via Robinson Road. They are still permits that need to be received by the applicant, such as a curb cut permit from the City Engineering Department. Frank Taormina explained that the Commission could condition approval that all other necessary permits must be obtained prior to construction. Carmen Mongello of 7 Robinson Road addressed the Commission and expressed his • concerns about the project. 3 • There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the public hearing to July 28 2005, seconded by Kevin Carr and approved. Continuation of Public Hearing - Notice of Intent - Ward II Social Club - DEP #64- 383 Kevin Cornacchio read a letter from Atty. Scott Grover requesting that the public hearing be continued to September 8, 2005. Jae Furnari made a motion to continue the public hearing for the Ward II Social Club to September 8, 2005, seconded by Keith Glidden and approved. Request to Amend Order of Conditions - SEP File # 64-334 - Maritimes and Northeast Pipeline and Algonquin Gas John Bonsell addressed the Commission and explained that they are requesting a two-year extension to complete phase III of the Hub Line. He noted that they will be filing for a Certificate of Compliance next year and that they are allowing for two growing seasons. Kevin Cornacchio asked if they foresee any problems. Mr. Bonsell explained that they were set back this past winter by the weather and the re-vegetation effort was delayed. • There being no further questions or comments regarding this matter a motion was made by Joe Furnari to grant the extension of the Order of Conditions for two years, seconded by David Pabich and approved. Public Hearing - Abbreviated Notice of Intent - Lisa Brooke and Daniel Rowe - 136 Bay View Avenue, Salem MA. - Replacement of Existing Foundation under Porches and Installation of Pilings to Support Existing Deck located in land subject to Coastal Storm Flowage and a Buffer Zone to a Coastal Bank Susan St. Pierre addressed the Commission on behalf of her neighbors who were unable to attend the meeting this evening. She explained that they intend to replace the existing foundation under the porches in the front and rear of the house and install concrete pilings to support the extension of a deck in the rear of the house. She explained that the property is located within land subject to coastal storm flowage and a buffer zone to a coastal bank. She showed photographs of the existing condition of the property and explained that they plan to access the yard with a small bobcat or back hoe. Keith Glidden suggested that the Commission visit the site. Commission members will visit the site at their convenience. David Pabich suggested that they use staked hay bales on the site. There being no further questions or comments a motion was made by Kevin Carr to continue the public hearing to July 28, 2005, seconded by David Pabich and • approved. 4 • Public Hearing - Notice of Intent - Stephen Lovely - 14 Story Street - Discussion of After the Fact Paving of a Paper Street on a Portion of Story Street within a Buffer Zone to a Bordering Vegetated Wetland Atty. Stephen Lovely addressed the Commission and explained the history of his property. He noted that the area in question was at one time paved and years ago when the city repaved the street they did not go all the way to the end. He noted that at one time he cleaned up the site and removed the old paving and now that his children are driving they needed spaces to park their cars and he contracted with Atlantic Paving to pave the area. Frank Taormina explained that when he was made aware of the violations it was wintertime and we witnessed a mountain of snow at the end of the roadway caused by truck plowing. Frank noted that regardless of whether Mr. Lovely paved this area the plow trucks would continue to push all the snow to the end of the street, which contributes the slope behind the improved roadway eroding into the wetlands. In terms of mitigation for this after-the-fact paving, Frank suggested that the commission be realistic and take that into consideration. David Pabich asked if there were any catch basins on the street. Mr. Lovely stated that the closest one is on Jefferson Avenue. Joan Lovely noted that there is a catch basin near the church at the head of Story Street. Kevin Carr suggested that a site visit should be held. The Commission will visit the site at their convenience. • 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 Kevin Carr to continue the public hearing to September 8, 2005, seconded by Joe Furnari and approved. Public Hearing - Notice of Intent - Sideridis Costa - 2 Autumn Avenue Salem MA Construction of a Deck and Addition to an Existing Single Family Dwelling in the Buffer Zone to a Bordering Vegetative Wetland Jesse Tremblay addressed the Commission and explained the plans for the construction of a deck and an addition to an existing single family house at 2 Autumn Avenue. He explained the plans and the location and noted that they could use a backhoe for the work and have access through a neighbors yard. Kevin Carr suggested that the Commission visit the site. The members of the Commission will visit the site at their leisure. 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 Kevin Carr to continue the public hearing to July 28, 2005, seconded by Joe • Furnari and approved. 5 • Continuation of Public Hearing - Notice of Intent - DEP File #64-382 - Giacalone Construction - Proposed Extension of Almeda Street and the Filling and Replication of Bordering Vegetated Wetland at 12 Almeda Street Frank Taormina updated the Commission on the status of the ownership of this property. He explained he is putting together a detailed timeline of events for the Commission and noted that he expected the new owner to appear before the Commission this evening but they did not show up. He recommended continuing the matter to the next meeting. Joe Furnari moved to continue the public hearing to July 28, 2005, seconded by Kevin Carr and approved. Approval of Minutes The minutes of the Conservation Commission meeting held on May 12, 2005 were presented for approval. Joe Furnari moved approval, seconded by Michael Blier and approved. The minutes of the Conservation Commission meeting held on May 26, 2005 were presented for approval. Joe Furnari moved approval, seconded by David Pabich and approved. The minutes of the Conservation Commission meeting held on June 9, 2005 were presented for approval. Joe Furnari moved approval, seconded by Kevin Carr and • approved. There being no further business to come before the Commission this evening, a motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Carr and approved. The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC071405 • 6 0 CITYJF SALEM, MA CITY OF SALEM CLERK'S OFFICE CONSERVATION COMMISSION 70115 IIII 95 A Q- 48— NOTICE . 4eNOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,July 28, 2005 at 6:00 pin at City Hall Annex,Room 313, 120 Washington Street. GGtN euro P. Ce�acc;bioaW4, Conservation Commission Cbairman Tentative Agenda: 1. Meeting Minutes—July 14, 2005 2. Continuation of Public Hearing—Notice of Intent—DEP#64-400—The City of Salem,120 Washington Street, Salem,M.A.The purpose of this hearing is to discuss the construction of the Salem Ferry Pier within a Designated Port Area,Land Under Ocean,and Land Subject to Coastal Strom Flowage at 10 Blaney Street. 3. Continuation of Public Hearing—Abbreviated Notice of Intent—DEP #64-401—Lisa Brooke and Daniel Rowe, 136 Bayview Avenue,Salem,MA.The purpose of this hearing is to discuss the replacement of the existing foundation and installation of concrete pilings to support extension of deck located within Land Subject to Coastal . Storm Flowage and a Buffer Zone to a CoastallBank at 136 Bayview Avenue. 4. Continuation of Public Hearing—Notice of Intent—DEP File#64-359—Riverview Realty Trust,208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation of contaminated soil located within a Riverfront Area at 24 Saunders Street. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-398—Sidetidis Costa,2 Autumn View,Salem, MA. The purpose of this hearing is to discuss the construction of a deck and addition to and existing single family dwelling within the buffer zone to a Bordering Vegetative Wetland at 2 Autumn View. 6. Continuation of Public Hearing—Notice of Intent—DEP #64-382—Giacalone Construction, Rear 95 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 Bordering Vegetative Weiland at 12 Almeria Street. 7. Continuation of Public Hearing—Notice of Intent—DEP#64-385—Dan Hibbard,AAA Tree Services,P.O. Box 1492,Saugus, MA 01906. The purpose of this hearing is to discuss the proposed site work within a Buffer Zone to an Inland Bank and Bordering Vegetative Wetland at 120 Swampscott Road. 8. Public Hearing—Amendment to Order of Conditions—DEP#64-354—Ciba Specialty Chemicals,P.O Box 71, Oakridge Parkway, Toms River, NJ 08754. The purpose of this hearing is to discuss the amendments to a previously approved Order of Conditions(DEP#64-354) for the additional removal of contaminated sediments from the Mill Pond located on the former Hamblet and Hayes property at One Colonial Road. 9. Old/New Business This notice posted on "Official Bull I I? • City Hall Ave., Salem, Mass. on a2f � at ?'3e A m In accordance � th 23A A 238 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS37 010 * TEL:'978.745:9545Tkx: 978.740.040`4 . WWW`SALEh1.COM ; 1 • Salem Conservation Commission Minutes of Meeting Thursday, July 28, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, July 28, 2005 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, Kevin Carr, and Keith Glidden. Also present was Conservation Administrator Frank Taormina. Members Absent: David Pabich and Michael Blier Approval of Minutes The minutes of the Salem Conservation Commission meeting held on July 14, 2005 were presented for approval. Kevin Carr moved approval of the minutes as submitted, seconded by Joe Furnari and approved. Continuation of Public Hearing - Notice of Intent - City of Salem MA - Construction of the Salem Ferry Pier within a Designated Port Area, Land Under Ocean and Land Subject to Coastal Storm Flowage - 10 Blaney Street Becky Longley of the Salem Planning Department addressed the Commission and noted that a letter has been submitted which clarifies the moving of the existing • floating system. She noted that they would also be moving the steel pilings. Kevin Cornacchio stated that he would like to see port-a-potties and trash containers on the site. Keith Glidden stated that he would like to see a trash management plan filed with the Commission when a ferry operator is selected. Kevin Cornacchio stated that he would like the lease to include the maintenance of the property including the maintenance of weeds etc., noting that this does not have any bearing on this approval but he would like to see the property maintained. Becky Longley stated that this issue has not been discussed. 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 Kevin Carr and approved. Joe Furnari moved to issue an Order of Conditions to the City of Salem, MA. for the Construction of the Salem Ferry Pier within a Designated Port Area, Land Under Ocean, and Land Subject to Coastal Storm Flowage - 10 Blaney Street, seconded by Keith Glidden and approved (4-0). • 1 • Continuation of Public Hearing - Notice of Intent - DEP File #64-382 - Giacalone Construction - Proposed Extension of Almeda Street and the Filling and Replication of Bordering Vegetated Wetland at 12 Almeda Street Frank Taormina addressed the Commission and noted that the applicant is not present this evening. He noted that the site is still in violation and the property owner has been made aware of the situation but has not responded. He explained that it seems that the property owner has been in hiding for almost a year and during that time the Commission and the Planning Department were under the impression that the applicant owned the property. Frank Taormina recommended that the Commission waive the fines to Giacalone Construction and go after the property owner of record. He stated that he would send a letter out to the owner and advise him/her of the situation officially and that action needs to be taken to address the violations on the property. He also recommended that the Commission waive the fines that Anthony Giacalone has incurred since he does not own the property. He also recommended that the owner submit something to the Commission by September 22, 2005 that proves that they intend to address the situation. Kevin Cornacchio noted that under the circumstances he would like to require the applicant to post a bond to insure that the work gets done. Joe Furnari expressed his concern on how long this has gone on and suggested that the Commission enforce the fines on the owner of the property until they present to • the Commission that they intend to address the violations. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to September 8, 2005, seconded by Kevin Carr and approved (4-0). Public Hearing - Abbreviated Notice of Intent - Lisa Brooke and Daniel Rowe - 136 Bay View Avenue, Salem, MA. - Replacement of Existing Foundation under Porches and Installation of Pilings to Support Existing Deck located in land subject to Coastal Storm Flowage and a Buffer Zone to a Coastal Bank Susan St. Pierre addressed the Commission and noted that a site visit was held and it was suggested that staked hay bales and a silt fence be installed on the property and they have agreed to that. Lisa Brooke explained that plans and the location of the proposed deck. Kevin Cornacchio suggested that there should be no stockpiling of materials near the resource area on the site during the construction. Ms. St. Pierre stated that they have a side yard that they could use. She also explained that they would be removing the stockpile as soon as possible, probably a day or so. 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 Kevin Carr to close the public hearing, seconded by Keith Glidden and approved (4-0). 2 l • Joe Furnari moved to issue an Order of Conditions for the Abbreviated Notice of Intent - Lisa Brooke and Daniel Rowe - 136 Bay View Avenue, Salem, MA. - Replacement of Existing Foundation under Porches and Installation of Pilings to Support Existing Deck located in land subject to Coastal Storm Flowage and a Buffer Zone to a Coastal Bank, seconded by Kevin Carr and approved. (4-0). Continuation of Public Hearing - Notice of Intent - DEP File # 64-359 - Riverview Realty Trust - 208 Derby Street, Salem. MA. - Determination of work related to the remediation of contaminated soil located in a river front area at 24 Saunders Street Atty. Jack Keilty addressed the Commission and explained that the applicant originally filed a definitive subdivision plan and contaminated soil was found on the site and they filed to clean that up. He noted that the state has now taken the bulk of the land through eminent domain and now has control and ownership of the land. Atty. Keilty noted that when the state eventually builds the bypass road they will have to do the clean up on the site. He requested that the applicant be allowed to withdraw the application. A discussion was held on the ownership of the property and who is responsible to clean it up. Keith Glidden noted that if the applicant does not own the property he has no responsibility. He suggested that the Commission contact the state and let them know that they may need to amend their order of conditions to include the clean up of the site. • Frank Taormina asked Atty. Keilty to forward a copy of the Taking Letter from the state regarding the land taking for the file. Keith Glidden noted that as long as the land taking is complete it is appropriate for the Commission to allow the applicant to withdraw the application. 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 Kevin Carr and approved (4-0). Keith Glidden moved to allow the applicant to withdraw the application without prejudice, seconded by Kevin Carr and approved (4-0). Public Hearing - Notice of Intent - Sideridis Costa - 2 Autumn Avenue. Salem. MA. Construction of a Deck and Addition to an Existing Single Family Dwelling in the Buffer Zone to a Bordering Vegetative Wetland Jesse Tremblay addressed the Commission and noted that a site visit was held. Kevin Cornacchio asked if there would be any blasting on the site. Mr. Tremblay stated that he did not think any blasting would be needed. He explained that they • are going four feet down and he is confident that if there is any ledge they can pin it to the ledge. 3 • Mr. Tremblay noted that they will access the property through the neighbors yard explaining that they plan to use a back hoe, and the concrete will be pumped in for the driveway. Kevin Cornacchio asked if there would be any excavation for the cellar. Mr. Tremblay stated that there would be excavation and minimal stockpiling which they hope to use in the yard. Frank Taormina informed Mr. Tremblay that they will be the first applicant to display the new Salem Conservation Commission wetlands marker and explained the process and the intent of the markers. 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 Kevin Carr and approved (4-0). Keith Glidden moved to issue an Order of Conditions for Sideridis Costa - 2 Autumn Avenue, Salem, MA. Construction of a Deck and Addition to an Existing Single Family Dwelling in the Buffer Zone to a Bordering Vegetative Wetland seconded by Kevin Carr and approved (4-0). Continuation of Public Hearing - Notice of Intent - Triole A Tree Services - 120 • Swampscott Road - Mr. Hibbard Joe Orzel addressed the Commission and explained that at the last meeting the Commission asked for information regarding the engineering inspection of the culvert under Robinson Road. He explained that the beginning and the end of the existing headwall is buried 6 inches sub straight and is filled with stone. Kevin Cornacchio asked if there was any possibility of affecting the house that is located near that area. Mr. Orzel stated that he did not feel that it would be affected. Kevin Cornacchio stated that they should meet the Army Corp. of Engineers standards. Mr. Orzel showed photos of the area that were taken on July 27`h and noted that the Army Corp. regulations require that from July 1 - October 1. If there is a time when the stream is dry and no heavy rains are forecast. He noted that there was no drought advisory as of yesterday. He also noted that the USGS water watch is showing normal elevations for this time of year. Kevin Cornacchio stated that he would like to have a discussion on the condition of the slope. Mr. Orzel stated that the slope has been evaluated and there is no danger to public safety. Kevin Cornacchio noted that there is litigation in process regarding Robinson Road • and he would like David Pabich to review this. Keith Glidden noted that he agreed that the decision of the court would be important to the Commission in the approval of this project. 4 Kevin Cornacchio opened the hearing up for public comment at this time. Fred Hutchinson addressed the Commission and expressed his concerns about the legal process regarding Robinson Road. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the public hearing to September 8, 2005, seconded by Kevin Carr and approved. Public Hearing - Amendment to Order of Conditions - DEP File # 64-354 - Ciba Specialty Chemicals - One Colonial Road Frank Taormina explained that the purpose of this hearing is to discuss the amendments to a previously approved Order of Conditions for the additional removal of contaminated sediments from the Mill Pond located on the former Hamblet and Hayes property at One Colonial Road. It was noted that the applicant is not present and it was suggested that the matter be continued to September 8, 2005. Joe Furnari moved to continue the public hearing for Ciba Specialty Chemicals - One Colonial Road, seconded by Kevin Carr and approved (4-0). Old / New Business Frank Taormina informed the Commission that an emergency order was issued for the seawall on Kosciusko Street and explained the proposed emergency work. He • noted that North Shore Marine is doing the work. Kevin Cornacchio stated that the work should be done from the landside and small sections at a time. Frank Taormina reported on Guilford Rail and the North River Clean up effort coming up on September 10`h . He noted that they are working cooperatively with the City of Peabody on this. He also noted that Ward Councilor Bencal has contacts Wal- Mart, Home Depot, and Target and they are donating to the clean up. There being no further business to come before the Commission this evening, a motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Carr and approved. The meeting was adjourned at 7:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC072805 • 5 0 CITY OF SALEM ' CONSERVATION COMMISSION NOTICE OF MEETING s J s You are hereby notified that the Salem Conservation Commission will hold its regularly sche &ed meetinar� on Thursday, September 8, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 WashhingtoyStreet. �3 StinP. Comace 1 Canservalion Commission Chairman Revised Tentative Agenda: 1. Meeting Minutes—July 28, 2005 2. Continuation of Public Hearing—Notice of Intent—DEP#64-382—Giacalone Construction Co.Inc,Rear 95 Maplewood Avenue,Gloucester,MA 01930. The purpose of this hearing is to discuss the proposed extension of Abneda Street and the filling and replication of Bordering Vegetated Wetland at 12 Almeda Street. 3. Continuation of Public Hearing—Amendment to Order of Conditions—DEP #64-354—Ciba Specialty Chemicals,P.O Box 71,Oakridge Parkway,Toms River,NJ 08754. The purpose of this hearing is to discuss the • amendments to a previously approved Order of Conditions(DEP#64-354)for additional removal of contaminated sediments from the Mill Pond located on the former Hamblet and Hayes property at One Colonial Road. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward II Social Club, 1 &3 East Collins Street, Salem, MA. The purpose of this hearing is to discuss the after-the-fact paving of a parking lot and the conversion of a portion of parking lot to lawn located within Land Subject to Coastal Storm Flowage and a Buffer Zone to Salt Marsh at 1 & 3 East Collins Street. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-385—Dan Hibbard,AAA Tree Services,P.O. Box 1492,Saugus,MA 01906. The purpose of this hearing is to discuss the proposed site work within the Buffer Zones to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-399—Stephen Lovely, 14 Story Street,Salem, MA. The purpose of this hearing is to discuss the after-the-fact paving of the paper street portion of Story Street located within a Buffer Zone to a Bordering Vegetated Wetland. 7. Public Hearing—Notice of Intent—Gerard&Linda Tardiff, 15 Story Street,Salem,IVIA. The purpose of this hearing is to discuss the after-the-fact paving of a driveway and a paper street portion of Story Street located within a Buffer Zone to a Bordering Vegetated Wedand. 8. Request for Certificate of Compliance DEP #64-374—Angelo&Amy Meimeteas, 30 Cloverdale Avenue 9. Request for Certificate of Compliance—DEP#64-375—Andrew Dacy, 18 Parlee Street • 10. Request for Certificate of Compliance DEP#64-360—Mark Tremblay, 7 Laurier Road 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM 11. Public Hearing—Notice of Intent—Patrick&Carol Farrell,1 Smith Avenue,Salem,MA 01970.The purpose of this hearing is to discuss the construction of a garage with associated driveway and utilities within a Riverfront Area and a Buffer Zone to a Coastal Bank at 1 Smith Avenue. 12. Public Hearing—Notice of Intent—Patrick&Carol Farrell,l Smith Avenue,Salem,MA 01970.The purpose of this hearing is to discuss the re-construction of a single-family dwelling with associated driveway,utilities,and site grading within a Riverfront Area,Land Subject to Coastal Storm Flowage,and a Buffer Zone to a Coastal Bank at 2 Smith Avenue. 13. Old/New Business • This notic® posted on "otticiai Bulletin City Hall Ave., Baum, Mass. cn SEP at `0; � in accordanZe with CtW* 39` 213A ® p�.G.L. -2- • Salem Conservation Commission Minutes of Meeting Thursday, September 8, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, September 8, 2005 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, Kevin Carr, David Pabich and Michael Blier. Also present was Conservation Administrator Frank Taormina. Members Absent: Keith Glidden Approval of Minutes The minutes of the Salem Conservation Commission meeting held on July 28, 2005 were presented for approval. Joe Furnari moved approval of the minutes as submitted, seconded by Kevin Carr and approved. Continuation of Public Hearing - Notice of Intent - DEP File #64-382 - Giacalone Construction - Proposed Extension of Almeda Street and the Filling and Replication of Bordering Vegetated Wetland at 12 Almeda Street Atty. Bill Quinn addressed the Commission and explained that his clients are Rica • Agawal and Sean Maloney. He explained the circumstances of the sale of the property to his clients and noted that the application for this filing should be amended to show his clients as the owners and not Mr. Giacalone as has been represented to the Commission. Frank Taormina reported that he went to the site and everything that the Commission requested be done has been completed. He specifically noted that items 20, 21, 22 and 23 of the Superseding Order of Conditions have been completed. Frank Taormina also noted that a planting plan has to be submitted to the Commission. He also noted that the Commission is holding $6,800 in fines in abeyance and that issue needs to be addressed. He explained that the fines had previously been levied against Mr. Giacalone for non-compliance and since then it has come to light that Ms. Agawal and Mr. McCarthy are the owners of the property. He also noted that the Commission held the fines in abeyance to give the owner the opportunity to bring the site into compliance and they did so in a timely manner. David Pabich stated that he felt that there was something deceptive about the original application with the previous owner. He also noted that it is important for the replication to take place on this in a timely manner and we are getting to the end of the season. Frank Taormina explained the history of the property and noted that we had a bad winter and rainy spring and the water level was high. He noted that DEP, the applicant, and the Commission have established the replication area and now the • applicant needs to supply the Replication & Planting Plan. 1 • Atty. Bill Quinn explained that his clients bought the property in July of 2004 from Mr. Giacalone. He explained that his clients thought that Mr. Giacalone was working on their behalf to resolve the issues on the property. He noted that a promise was made at the closing that he would get the approval for the road. He also explained that there are seller/ buyer issues that are now going to court. Atty. Quinn also noted that his client wants to stay in compliance on this and acted quickly to get into compliance when they were made aware of the situation. He also noted that his clients are trying to sell the property and asked for direction from the Commission on how to proceed. David Pabich noted that it would be best to have the work done before the property is sold. He also stated that he did not feel that it would be fair to the Commission or the neighbors to allow another iteration of a closing on this property to take place before this is resolved. Atty. Quinn requested that the Commission continue this matter for 30 days to give them time to prepare the plans. Kevin Cornacchio noted that they are in compliance at the present time but noted that he feels strongly about the fines. Atty. Quinn stated that he did not feel that his clients should be held to fines noting that they thought that someone was acting in their best interests and have since found out otherwise. David Pabich noted that Mr. Bigelow signed those plans under the penalty of perjury and that is an issue that they can take up with him. He noted that the soil testing needs to be done and proper vegetation that will thrive in those conditions needs to be planted. He advised them to get that done and be done with the Conservation Commission prior to the sale of the property. • Atty. Quinn noted that his clients have only been aware of this for a month and they have cooperated with the Commission. He noted that they are going to have to negotiate the sale at a reduced price to offset the cost of the work to be done. Kevin Carr suggested that the potential buyer should come to the Commission meeting to insure that they know what is going on. Frank Taormina mentioned that since notifying the owners have done everything that the Commission has asked of them. David Pabich stated that he would like to revisit the fine issue and suggested that the Commission get an opinion from the City Solicitor on the matter of the fines that have been imposed and who should pay them, noting that it may require legal action between the parties to get that resolved. Frank Taormina will look into that and report back to the Commission. Atty. Quinn requested that the Commission waive the fees for his clients or reduce them noting that his client relied on someone to look out of their interests and were unaware that they were out of compliance. He stated that if the Commission has the discretion to do that he would request that they exercise that option. Kevin Cornacchio opened the hearing up for public comment at this time. Yvonne Silva an abutter of the property addressed the Commission and asked what they did to bring the property into compliance. Frank Taormina showed her before • and after photos of the work that was done on the site. Ms. Silva noted that there are spikes sticking out of the retaining wall and noted that she is concerned about safety issues on site. Frank Taormina explained that the Building Inspector went to 2 • the site and temporarily secured the site, however safety concerns on site need to be addressed. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to September 22, 2005, .seconded by Kevin Carr and approved. Public Hearing - Amendment to Order of Conditions - DEP File # 64-354 - Ciba Specialty Chemicals - One Colonial Road Daniel Padien of Vanasse Hangen Brustlin,I'nc addressed the Commission and explained the request of his client to amend their order of conditions #64-354 noting that the Army Corp of Engineers required the removal of more sediment than expected and they have decided to comply with that. He noted that the proposed plans have been given to the Army Corp of Engineers and they have not issued a permit as yet. Mr. Padien reviewed the plans and the process that they intend to use. David Pabich stated that he is concerned about a significant storm even taking place during the remediation process and suggested that he would like to see a division of the work down the middle and excavate on one side while allowing the other side to flow. Mr. Padien stated that they could do that if that is the desire of the Commission. Michael Blier asked how long the dredging would take and what time of year do they • plan to do the work. Mr. Padien stated that it should take three or four weeks and noted that they would like to start as soon as possible as they are anxious to get it done. Mr. Pagent stated that they propose to use swamp mats that can be rolled back each day and there will be no less of an impact when the dig it up so the plants will come back. Kevin Cornacchio stated that he would like to see hay bales and a silt fence on the plan. He also questioned Mr. Padien on whether the process suggested by Mr. Pabich is doable for this project. Mr. Padien stated that it is doable but he is not sure it is preferable. He noted that they were planning a floating aqua sock. Mr. Pabich requested that Mr. Padien take the suggestion to the contractors and see if it is plausible. He also asked that they provide before and after documentation on the culvert and photos of the condition of the inlet to the culvert as it stands now. 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 Joe Furnari to continue the public hearing to September 22, 2005, seconded by David Pabich and approved. Continuation of Public Hearing - Notice of Intent - Triple A Tree Services - 120 Swamoscott Road - Mr. Hibbard • 3 • Kevin Cornacchio read a letter from the applicant requesting that the public hearing be continued to September 22, 2005. Joe Furnari moved to continue the public hearing to September 22, 2005 seconded by Kevin Carr and approved. Continuation of Public Hearing - Ward II Social Club - 1&3 East Collins Street - Notice of Intent - After the Fact Paving of the Parking Lot Kevin Cornacchio read a letter from the applicant requesting that the Public Hearing be continued to October 13, 2005. Joe Furnari moved to continue the public hearing to October 13, 2005, seconded by Kevin Carr and approved. Continuation of Public Hearing - Notice of Intent - DEP # 64-399 - Stephen Lovely- 14 Story Street Salem. MA. - After the Fact Paving of the Paper Street Portion of Story Street within a Buffer Zone to a Bordering Vegetated Wetland Discussion of this matter was tabled pending discussion of the next item. Public Hearing - Notice of Intent - Gerard and Linda Tardiff - 15 Story Street Salem. MA. - After the Fact Paving of a Driveway and a paper street portion of Story Street located within a Buffer Zone to a Bordering Vegetated Wetland Mr. Tardiff addressed the Commission and explained that he paved his driveway and was not aware that he needed Commission approval to do that. He explained that Atlantic Paving did the work and they had some extra hot top and paved the end of the street as well. He stated that he didn't know it was conservation land and • offered to dig it up if he has to. Kevin Cornacchio explained that what it created was a sheet flow of rain and melting snow in the winter and he would like to see crushed stone placed there. Frank Taormina explained that a small portion of the property is private property and not in the jurisdiction of the Commission. David Pabich noted that the driveway itself is a problem. Mr. Tardiff explained that he came to the Planning Department when he was planning to do the work and the former Conservation Commission agent told him that he didn't think it needed to be addressed. Mrs. Tardiff explained that they built a deck and while using it they have noticed that the area is cluttered with debris and trash, noting that people are using it as a dumping ground and she would like to clean it up. David Pabich explained that they can clean it up by hand without approval of the Commission but no heavy equipment should be down there. He also noted that it is private property owned by Mr. Higgins. It was noted that the pavement is encroaching 3-4 feet on Mr. Higgins property. David Pabich stated that he would like to visit the site. He also noted that we need to talk about mitigation. The Commission will hold a site visit on Thursday, September 22, 2005 at 3:45 p.m. Kevin Cornacchio opened the hearing up for public comment at this time. There was • no one present who wished to comment on the matter. 4 • There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to September 22, 2005, seconded by Kevin Carr and approved. Joe Furnari moved to continue the public hearing on the matter of 14 Story Street, Stephen Lovely to September 22, 2005, seconded by Kevin Carr and approved. Public Hearing - Notice of Intent - Patrick and Carol Farrell - 1 Smith Avenue Salem, MA. - Construction of a Garage with Associated Driveway and Utilities within a Riverfront Area and Buffer Zone to a Coastal Bank at 1 Smith Avenue Bob Griffin of Griffin Engineering addressed the Commission and explained the plans to construct a garage. He noted that all of the work is beyond the 100-foot mean high water but within the 200-foot riverfront area. He explained that it is 80 feet to the closest point and there is no threat to the coastal bank. He also noted that appropriate erosion control measures would be used. Michael Blier asked what their intention was regarding trees on the property noting that there are some Black Locus Trees there. Mr. Griffin explained that they will be removing one Norway Maple and leaving the rest of the trees alone. Kevin Carr suggested that a site visit was in order. The Commission will visit the site on September 22, 2005 at 4:30 p.m. 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 continue the public hearing to September 22, 2005, seconded by Kevin Carr and approved. Public Hearing - Notice of Intent - Patrick and Carol Farrell - 1 Smith Avenue Salem. MA - Reconstruction of a Single Family Dwelling with Associated Driveway and Utilities. and Site Grading within a Riverfront Area. Land Subject to Coastal Storm Flowage, and a Buffer Zone to a Coastal Bank at 2 Smith Avenue Bob Griffin of Griffin Engineering addressed the Commission and explained the plans to tear down the existing dwelling and rebuild a modest dwelling with an 8x16 foot deck in the back, a one car garage, and associated utilities. He noted that the lot was in existence before the Rivers Protection Act of 1996. He also noted that the storm water runoff should not be much different from what is there now as the result of this project. He explained that they are going to raise the house a little and bring it forward. He noted that when finished the floor elevation will be 14 and they will provide a full basement at elevation 6, 1 1/2 feet above mean high water. He stated that minimum impact would be achieved by pushing it father north. Mr. Griffin noted that a pile of shingles that has been on the site for a long time will be cleaned up and removed. David Pabich stated that he felt that the plan was straightforward. He suggested the • Commission visit the site as well on September 22, 2005. 5 • 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 continue the public hearing to September 22, 2005, seconded by Kevin Carr and approved. Reauest for Certificate of Compliance - DEP file # 64-374 - Angelo and Amy Meimeteas - 30 Cloverdale Avenue, Salem, MA Frank Taormina explained that the project was constructed according to the plan and the issuance of a certificate of compliance is appropriate. Joe Furnari moved to issue a Certificate of Compliance for 30 Cloverdale Avenue, seconded by David Pabich and approved. Request for Certificate of Compliance - DEP File # 64-375 - Andrew Dacy - 18 Parlee Street, Salem, MA. Frank Taormina explained that the project was constructed according to the plan and the issuance of a certificate of compliance is appropriate. Joe Furnari moved to issue a Certificate of Compliance for 18 Parlee Street, seconded by David Pabich and approved. • Request for Certificate of Compliance - DEP File # 64-360 - Mark Tremblay - 7 Laurier Road Salem, MA. Frank Taormina explained that the work was not done according to plan and the applicant submitted a mortgage plan and not the required technical drawings required by the Commission. He recommended that the Commission deny this request at this time. David Pabich suggested that Frank Taormina go out there and take measurements and report back to the Commission. David Pabich moved to table this matter, seconded by Kevin Carr and approved. Old / New Business Frank Taormina informed the Commission that a replacement Order of Conditions is needed for DEP #64-388, 7 Brook Street, for Lionel Pelletier. He explained that Mr. Pelletier lost the original signed and stamped Order of Conditions and in order to record the Order of Conditions at the Registry of Deeds he would need another signed and stamped Order to do so. The Commission members signed the duplicate Order of Conditions. No action was required. Frank Taormina informed the Commission that a Notice of Intent would be filed by CDM on behalf of the City of Salem for a water main improvement project along Loring Avenue in the near future. 6 There being no further business to come before the Commission this evening, a motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Carr and approved. The meeting was adjourned at 8:25 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC090805 • • 7 CITY OF SALEM ' r CONSERVATION COMMISSION � sy NOTICE OF MEETING O`F You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled melting 9 on Thursday, September 22, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Stream v> Kevtn P. Corracc :o, Cauenmtiou Commitsron Chairman Tentative Agenda: 1. Meeting Minutes—September 8,2005 2. Continuation of Public Hearing—Notice of Intent—DEP #64-382—Rehka Aganval, 60 Brighton Street, Belmont,MA 02478&Sean McCarthy,53 Oakland Avenue,Brighton,MA 02135. The purpose of this hearing is to discuss the proposed extension of Abneda Street and the filling and replication of Bordering Vegetated Wetland at 12 Almeda Street. • 3. Continuation of Public Hearing—Amendment to Order of Conditions—DEP #64-354-Ciba Specialty Chemicals,P.O Box 71,Oakridge Parkway,Toms River,N] 08754. The purpose of this hearing is to discuss the amendments to a previously approved Order of Conditions(DEP#64-354)for additional removal of contaminated sediments from the Mill Pond located on the former Hamblet and Hayes property at One Colonial Road. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-385—Dan Hibbard,AAA Tree Services,P.O. Box 1492,Saugus,MA 01906. The purpose of this hearing is to discuss the proposed site work within the Buffer Zones to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-399—Stephen Lovely, 14 Story Street,Salem, MA. The purpose of this hearing is to discuss the after-the-fact paving of the paper street portion of Story Street located within a Buffer Zone to a Bordering Vegetated Wetland. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-402—Gerard&Linda Tardiff,15 Story Street, Salem, MA. The purpose of this hearing is to discuss the after-the-fact paving of a driveway and a paper street portion of Story Street located within a Buffer Zone to a Bordering Vegetated Wetland. 7. Continuation of Public Hearing—Notice of Intent—DEP#64-404—Patrick&Carol Farrell, 1 Smith Avenue, Salem,MA 01970.The purpose of this hearing is to discuss the construction of a garage with associated driveway and utilities within a Riverfront Area and a Buffer Zone to a Coastal Bank at 1 Smith Avenue. 8. Continuation of Public Hearing—Notice of Intent—DEP#64-403—Patrick&Carol Farrell, I Smith Avenue, Salem, MA 01970. The purpose of this hearing is to discuss the re-construction of a single-family dwelling with associated driveway,utilities,and site grading within a Riverfront Area,Land Subject to Coastal Storm Flowage,and • a Buffer Zone to a Coastal Bank at 2 Smith Avenue. This notice posted on "official Bulietin Board"" City gall Ave., Salt�fn, Mass. on 5 20 2005 at G/ 4-4 Min accomiam wM U. 39 Imo. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 019783#eL19 aAe /4$.� . IARX:'�r/8.740.0404 • WWW.SALEM.COM 9. Public Hearing—Request to Amend and Extend an Order of Conditions—DEP#64-341—Jeffery Brothers, Inc.,c/o Charles E.Jeffery, 144 Canal Street,Salem,MA. The purpose of this hearing is to discuss amendments to a previously approved Order of Conditions(DEP#64-341)and to discuss the request for an extension permit for the Order of Conditions. 10. Request for Certificate of Compliance DEP#64-360—Mark Tremblay,7 Laurier Road 11. Request for Certificate of Compliance DEP#64-390—Mark&Sandra Connelly,26 Hardy Street 12. Old/New Business • -2- . Salem Conservation Commission Minutes of Meeting Thursday, September 22, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, September 22, 2005 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, Keith Glidden, Kevin Carr, David Pabich and Michael Blier. Also present was Conservation Administrator Frank Taormina. Members Absent: None Approval of Minutes The minutes of the Salem Conservation Commission meeting held on September 8, 2005 were presented for approval. Joe Furnari moved approval of the minutes as submitted, seconded by David Pabich and approved. Public Hearing - Amendment to Order of Conditions - DEP File # 64-354 - Ciba Specialty Chemicals - One Colonial Road, Salem, MA. Daniel Padient of VHB addressed the Commission and explained that at the last • meeting the Commission had some concerns regarding the process that they propose to use to do the dredging. He explained that Ciba Chemical acquired this clean up as part of the acquisition of a stock purchase. He explained that the site has been functioning for 70 years and the contaminated sediment is the result of the years of use. He noted that their remediation plan is in accordance with the Massachusetts Contingency Plan. Mr. Padient explained that they would use an inflatable damn to stop the flow of water at low tide on days that are predicted to be dry. He stated that they would have photos of the culvert before and after the work is performed. He also noted that a daily log would be kept by the project manager, which will document rainfall etc. He also noted that they have prepared a revised plan noting that revisions were made to the procedure and are discussed in the accompanying letter. Kevin Cornacchio asked how long the procedure will take. Mr. Padient stated that the process should take 2-3 days for the dredging and they have prepared for protection should a large storm event occur. David Pabich asked if there were calculations on the storage volume required for dredging in a 72-hour period. Mr. Padient explained that a diversion pump will be available if necessary. Kevin Cornacchio asked if they plan for a truck wash station on site. Mr. Padient stated that they will have a station on site and the water used for washing the trucks will be processed. • Ward Three Councillor Jean Pelletier addressed the Commission and stated that he feels that this is a great project and he is in total support of it. 1 • Michael Blier questioned why they are planning to start with the bigger area. Mr. Padient stated that they have no preference other than to get the work done in a period where no rain is forecast. David Pabich stated that he would like them to get a sense of the volume and the flow over a 72-hour period. He also noted that he would like to make it a condition of approval that they have appropriate equipment to handle the flow should the need arise. 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 Joe Furnari to close the public hearing, seconded by David Pabich and approved. David Pabich moved to approve the Amendment to Order of Conditions - DEP File # 64-354 - Ciba Specialty Chemicals - One Colonial Road, Salem, MA. With special conditions, seconded by Kevin Carr and approved (6-0). Special Conditions: Estimate the flow coming into Mill Pond • Inspect the culvert before the work begins for capacity. Calculate and/or estimate the river flow (volume) in the Mill Pond. Accordingly, pumps shall be sized to handle that volume in the work areas and pumps shall be available on-site at all times. All such data shall be supplied to the commission prior to the start of any work Continuation of Public Hearing - Notice of Intent - AAA Tree Services - 120 Swampscott Road - Mr. Hibbard Kevin Cornacchio read a letter from the applicant requesting that the public hearing be continued to October 13, 2005. Joe Furnari moved to continue the public hearing to October 13, 2005 seconded by Kevin Carr and approved. Continuation of Public Hearing - Notice of Intent - DEP File #64-382 - Rehka Agarwal & Sean McCarthy - Proposed Extension of Almeda Street and the Filling and Replication of Bordering Vegetated Wetland at 12 Almeda Street John Dick of Hancock Associates Engineering addressed the Commission and explained that he went to the site and has prepared a planting protocol for the site. He explained that he recommends a broad-spectrum seed mix and stabilize the vegetation with hay or Excalibur mulch. He requested that the Commission accept this draft and allow them to stabilize the site for the season and he will check it in • the spring and make additional recommendations if needed. 2 • Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Frank Taormina recommended that the Commission wait one more meeting before approving the project, noting that aside from the planting and replication, there may be some other issues that need to be addressed with the rest of the site. He suggested that the applicant be prepared to discuss the rest of the site plants at the next meeting to refresh the commission and bring them up to speed on the rest of the proposed site work. John Dick agreed to run through the site plans with the commission at the next scheduled meeting. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to October 13, 2005, seconded by Kevin Carr and approved. Public Hearing - Notice of Intent - Gerard and Linda Tardiff - 15 Story Street, Salem MA. - After the Fact Paving of a Driveway and a Paper street portion of Story Street located within a Buffer Zone to a Bordering Vegetated Wetland Kevin Cornacchio noted that the Commission held a site visit this evening and expressed his concern that the driveway should be pulled back. He explained that the pavement is causing erosion to the slope and to the resource area and some • crushed stone should be placed there to prevent that. David Pabich reviewed the plan and recommended that the applicant be permitted to keep the paved driveway on his/her property, however remove the 3 feet of pavement encroachment between his/her property line and the mulched and planted berm and replace with loam and seed. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Joe Furnari moved to close the public hearing, seconded by David Pabich and approved (6-0). Joe Furnari moved to issue an Order of Conditions for Gerard and Linda Tardiff - 15 Story Street, Salem, MA. - with special conditions, seconded by Kevin Carr and approved (6-0). Special Conditions: Remove three feet of driveway paving between the existing mulch berm area and replace with loam and seed. Continuation of Public Hearing - Notice of Intent - DEP # 64-399 - Stephen Lovely - 14 Story Street, Salem. MA. - After the Fact Paving of the Paper Street Portion of Story Street within a Buffer Zone to a Bordering Vegetated Wetland • 3 • Kevin Cornacchio noted that a site visit was also held on this property this evening and the commission observed the roadway pavement was paved right up to the edge of the slope. He noticed erosion to the slope and some impacts the resource area below. Kevin Cornacchio recommended that a portion of the paving at the end of the street be removed and replaced with crushed stone, to slow down the rate of run off and minimize erosion and potential impacts to the wetlands. Mr. Lovely expressed his concern that he is being asked to take care of the problem that was caused by his neighbor. Frank Taormina informed Mr. Lovely that the paving and extension of Story Street was done in a buffer zone to a BVW and requires prior review and approval from the commission, and therefore is a violation of the Wetlands Protection Act. He also stated that the commission has the right to ask you to mitigate for an impact that you have created to the resource area. Keith Glidden explained to Mr. Lovely that the Commission is only trying to minimize the impact to the resource area and will issue conditions that it sees fit to mitigate for this violation. David Pabich stated that he feels that it is unfair of Mr. Lovely to burden the Commission with his problems with his neighbor. He also noted that the Commission is trying to fix the problem with a simple solution. • Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Joe Furnari moved to close the public hearing, seconded by Keith Glidden and approved (6-0). Joe Furnari moved to issue an Order of Conditions for Continuation of Public Hearing - Notice of Intent - DEP # 64-399 - Stephen Lovely - 14 Story Street, Salem, MA., with special conditions, seconded by Kevin Carr and approved (6-0). Special Conditions: Remove asphalt from Story Street and replace with 3/4 inch crushed stone. Continuation of Public Hearing - Notice of Intent - DEP File # 64-404 Patrick and Carol Farrell - 1 Smith Avenue. Salem. MA. - Construction of a Garage with Associated Driveway and Utilities within a Riverfront Area and Buffer Zone to a Coastal Bank at 1 Smith Avenue Robert Griffin of Griffin Engineering addressed the Commission and noted that a site visit was held earlier that evening with the commission. He explained that the trees next to the fence line would be removed for the driveway but the larger Lacus Trees would remain. He also noted that the plans now show that. • Kevin Cornacchio noted that the plan is straightforward. 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. 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 (6-0). Joe Furnari moved to issue an Order of Conditions for DEP File # 64-404 Patrick and Carol Farrell - 1 Smith Avenue, Salem, MA. - Construction of a Garage with Associated Driveway and Utilities within a Riverfront Area and Buffer Zone to a Coastal Bank at 1 Smith Avenue, seconded by Kevin Carr and approved (6-0) Continuation of Public Hearing - Notice of Intent - Patrick and Carol Farrell - 1 Smith Avenue, Salem. MA. - Reconstruction of a Single Family Dwelling with Associated Driveway and Utilities. and Site Grading within a Riverfront Area, Land Subject to Coastal Storm Flowage, and a Buffer Zone to a Coastal Bank at 2 Smith Avenue Robert Griffin of Griffin Engineering explained that a site visit was held earlier that evening with the commission and explained the plans. He noted that the shingles etc that are on the property will be removed and the area will be cleaned up. He also noted that the location of the work is far from the Riverfront Area as possible taking into consideration all building setback requirements. Kevin Cornacchio opened the hearing up for public comment at this time. There was • no one present who wished to comment on the matter. Kevin Carr moved to issue an Order of Conditions for Patrick and Carol Farrell - 1 Smith Avenue, Salem, MA. - Reconstruction of a Single Family Dwelling with Associated Driveway and Utilities, and Site Grading within a Riverfront Area, Land Subject to Coastal Storm Flowage, and a Buffer Zone to a Coastal Bank at 2 Smith Avenue, seconded by Joe Furnari and approved (6-0). Public Hearing - Request to Amend and Extend Order of Conditions - DEP File # 64- 341 - Jeffery Brothers Inc.. - 144 Canal Street, Salem, MA. John Dick addressed the Commission and explained that the applicant has sold off portions of the site at both ends of the property. He explained that the requested amendment is for the reduction in the footprint of the building and for a reduction in the amount of parking for the site. He reviewed the new parking scheme for the lot and noted that there is erosion control already installed on the site, noting a silt fence and hay bales. David Pabich stated that he would like to look at the site and noted that he would like to see some of the runoff arrested. Kevin Cornacchio stated that he would also like to visit the site and suggested that the Commission visit the site individually before the next meeting. • Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. 5 There being no further questions or comments at this time a motion was made by Kevin Carr to continue the public hearing to October 13, 2005, seconded by David Pabich and approved (6-0). Request for Certificate of Compliance - DEP File # 64-360 - Mark Tremblay - 7 Laurier Road, Salem. MA. Frank Taormina recommended that the Commission vote to deny this request for a Certificate of Compliance and that a letter be sent to the applicant outlining the reasons for the denial and what he needs to do to be in compliance. David Pabich moved to deny the Request for Certificate of Compliance - DEP File # 64-360 - Mark Tremblay - 7 Laurier Road, Salem, MA, seconded by Kevin Carr and approved (6-0). Request for Certificate of Compliance - DEP file # 64-390 - Mark and Sandra Connelly - 26 Hardy Street Frank Taormina informed the Commission that the sign/stamped as-built plans have been received and that all work is in compliance with the Order of Conditions. Joe Furnari moved to approve the issuance of the Certificate of Compliance for 26 Hardy Street, seconded by David Pabich and approved. • Old / New Business There was no old or new business this evening. There being no further business to come before the Commission this evening, a motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Carr and approved. The meeting was adjourned at 8:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC092205 • 6 0 �v CITY OF SALEM CISALEM C . MA f � CLERK'S OFFICE CONSERVATION COMMISSION ,nnc nrT , , n o• �b NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, October 13, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. �evin&f2o, Conservation Commission Cbairman Tentative Agenda: 1. Meeting Minutes—September 22,2005 2. Public Hearing—Notice of Intent—City of Salem Department of Public Services, City Hall Annex, 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss proposed Water System Infrastructure Improvements along a potion of Loring Avenue, portion of Lafayette Street, the Sunset Road Neighborhood,and the end of Pierce Road. • 3. Continuation of Public Hearing—Notice of Intent—DEP #64-382—Rehka Agarwal, 60 Brighton Street, Belmont,MA 02478 & Sean McCarthy,53 Oakland Avenue,Brighton,MA 02135. The purpose of this hearing is to discuss the proposed extension of Almeria Street and the filling and replication of Bordering Vegetated Wetland at 12 Almeria Street. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward II Social Club, I & 3 East Collins Street, Salem, MA. The purpose of this hearing is to discuss the after-the-fact paving of a parking lot and the conversion of a portion of parking lot to lawn located within Land Subject to Coastal Storm Flowage and a Buffer Zone to Salt Marsh at 1 & 3 East Collins Street. 5. Continuation of Public Hearing—Request to Amend and Extend an Order of Conditions—DEP#64-341— Jeffery Brothers, Inc., c/o Charles E.Jeffery, 144 Canal Street, Salem, MA. The purpose of this hearing is to discuss amendments to a previously approved Order of Conditions(DEP#64-341)and to discuss the request for an extension permit for the Order of Conditions. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-385—Dan Hibbard,AAA Tree Services,P.O. Box 1492,Saugus,MA 01906. The purpose of this hearing is to discuss the proposed site work within the Buffer Zones to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road. 7. Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-405—Chapel Hill LLC, George Belleau, 532 Lowell Street,Peabody,MA 01960. The purpose of the hearing is for a detemunation of a delineated wetland boundary line off of Clark Avenue. 8. Old/New Business Telt notice posted on ,Official Bulletin Board" City Full Ave., Sa.lcm, Mass. on Ocr. H. 0005 at 2i. ftvl in accordance vft Chap. 36 80Q 23A & 338 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 1 Ww1P.SALEM.COM Salem Conservation Commission Minutes of Meeting Thursday, October 13, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, October 13, 2005 at 6:00 p.m. on the third floor conference room 313 at 120 Washington Street, Salem, Massachusetts. Those present were: Chairman Kevin Cornacchio, Joe Furnari, Keith Glidden, Kevin Carr, and Michael Blier. Also present was Conservation Administrator Frank Taormina. Members Absent: David Pabich Aporoval of Minutes The minutes of the Salem Conservation Commission meeting held on September 22, 2005 were presented for approval. Joe Furnari moved approval of the minutes as submitted, seconded by Kevin Carr and approved. Public Hearing - Notice of Intent - City of Salem. Massachusetts - Department of Public Services - Water System Infrastructure Improvements on Portions of Loring • Avenue. Lafayette Street. Sunset Road. and the end of Pierce Road Assistant City Engineer Joe Nerden addressed the Commission and explained the proposed improvements to the water system infrastructure for a portion of Loring Avenue, Lafayette Street, Sunset Road neighborhood and the end of Pierce Road. He introduced Matt Cody, engineer from Camp, Dresser, & Makee Inc., who explained the plans to the Commission. He explained that the present 16-inch main and 6 inch connections are unreliable and they plan to replace them. He also explained that cleaning and lining would be done along a portion of Lafayette Street and Sunset Road neighborhood. He also noted that horizontal drilling would be done off of Pierce Road and explained that they will be drilling under the tributary of the Forest River and an 8" pipe will be installed and connected to Sunset Road. Isabel Simoes, wetland scientist from Camp, Dresser, & Makee Inc., addressed the Commission and explained the work that would be done in the resource areas. She explained the areas within the 100-foot buffer zone and within the Riverfront Areas. She showed the commission where the proposed erosion control measures would locate as well. Kevin Cornacchio asked if they plan to do the project in phases. Joe Nerden explained that they would do the project all at once, noting that they are using three varied construction techniques. He also noted that the cleaning and lining will depend on the cost and will depend on the bid price, further noting that we are not committed to it. • Kevin Cornacchio asked how long the project would take on Loring Avenue. Mr. Nerden stated that it is hard to tell because the construction season is April - October and the area is under the jurisdiction of Mass Highway. 1 • Frank Taormina asked for an explanation of the cleaning and lining process. Mr. Nerden explained that they will dig a small pit 8' x 5' and cut the pipe open, usually at a valve location and clean the pipe, realign it and put it back together and replace the paving. Frank Taormina suggests that erosion control measure be installed along the small beach on Riverbank Road. Kevin Cornacchio opened the hearing up for public comment at this time. Steve Salvo of Raymond Road addressed the Commission and stated that he is in favor of the project but that he feels that the developers of the proposed YMCA and Salem State College should pay for it. Mr. Nerden explained that this project is state funded by a 2 1h million dollar loan repayment program. He also noted that both of the projects that Mr. Salvo referred to will be getting their water from Marblehead. Kevin Cornacchio addressed Mr. Salvo and noted that while he appreciates his suggestion that is not within the jurisdiction of the Conservation Commission and they can only consider what is before them. There being no further questions or comments regarding this matter, a motion was made by Joe Furnari to continue the public hearing to October 27, 2005, seconded by Keith Glidden and approved (5-0). • Continuation of Public Hearing - Notice of Intent - DEP File #64-382 -Rehka Agarwal & Sean McCarthy - Proposed Extension of Almeda Street and the Filling and Replication of Bordering Vegetated Wetland at 12 Almeda Street Kevin Cornacchio read a letter from the applicant requesting that the public hearing be continued to October 27, 2005. Joe Furnari moved to continue the public hearing to October 27, 2005 seconded by Kevin Carr and approved. Continuation of Public Hearing - Ward II Social Club - 1&3 East Collins Street - Notice of Intent - After the Fact Paving of the Parking Lot Kevin Cornacchio read a letter from the applicant requesting that the Public Hearing be continued to October 27, 2005. Joe Furnari moved to continue the public hearing to October 27, 2005, seconded by Kevin Carr and approved. Public Hearing - Request to Amend and Extend Order of Conditions - DEP File # 64- 341 - Jeffery Brothers Inc.. - 144 Canal Street, Salem, MA. John Dick addressed the Commission and noted that the public hearing was opened two weeks ago and he explained the project. He noted that the work proposed will significantly improve the site and there is significant landscaping involved. He also noted that there would be a reduction in the paved surface. • Kevin Cornacchio noted that he is satisfied and noted that it will be a great improvement to the site. 2 • Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Joe Furnari moved to close the public hearing, seconded by Kevin Carr and approved (5-0). Joe Furnari moved to amend the Order of Conditions for - DEP File # 64-341 - Jeffery Brothers Inc., - 144 Canal Street, Salem, MA., seconded by Keith Glidden and approved. Joe Furnari moved to extend the Order of Conditions - DEP File # 64-341 - Jeffery Brothers Inc., - 144 Canal Street, Salem, MA., for a period of one year, seconded by Keith Glidden and approved (5-0). Continuation of Public Hearing - Notice of Intent - Triole A Tree Services - 120 Swampscott Road - Mr. Hibbard Joe Orzo addressed the Commission and reviewed the status of the project. He noted that at the last meeting in which they appeared before the Commission on July 28, 2005, they submitted new information for the plan for the culvert crossing. He noted that they showed photos, which showed the stream dry on several occasions. Mr. Orzo also noted that the plan needed to be revised to show the changes in the • infiltration and drainage systems to meet the technical guidelines of the Army Corp. of Engineers and they have been added to the plan. Kevin Cornacchio noted that the stream crossing has been redesigned and still doesn't meet the stream crossing standards and the Army Corp. of Engineers Programmatic General Permit (PGP) 1. Mr. Orzo explained that he spoke with the Army Corp. of Engineers and they explained that they would have to meet all of the stream crossing standards in order to receive a PGP 1, noting that a much larger pipe will have to be proposed to meet the openness ratio required in the stream crossing standards. He noted that they will submit a proposed plan to the Army Corp for a PGP 2, which would require the Army Corps to review the stream crossing design, and the Army Corps would issue the permit. Kevin Cornacchio opened the hearing up for public comment at this time. Mr. Hutchinson addressed the Commission and expressed his concern about litigation on the property that needs to be settled. Frank Taormina explained the process of the Army Corp of Engineers to Mr. Hutchinson, noting that if the applicant could meet the stream crossing standards the commission's Order of Conditions would satisfy that PGP 1 permit, if not, the applicant would be required to file a PGP 2 with the Army Corp and they would then review and issue a permit for the stream crossing. • Kevin Cornacchio suggested that he would like to have David Pabich review the plans before the Commission approves this plan. He suggested that the public hearing be continued until October 27, 2005 so Mr. Pabich can review it. 3 • Patrick DeIulis addressed the Commission and stated that he represents Mr. Mongello's and requested that his client be allowed to remove the stockpile of material on the site that is in violation and requested a preliminary Order of Conditions to allow him to do that. Frank Taormina expressed his concerns about the administrative process and suggested that the Commission continue the matter and wrap this up at the next meeting. Joe Furnari suggested that the Commission could issue an Enforcement Order to remove the stockpile and then the Order of Conditions would then supersede the Enforcement Order. There being no further questions or comment regarding this matter a motion was made by Kevin Carr to issue an Enforcement Order to the owner of the property to remove the stockpile and the cut trees from the top of the bank as well as the asbestos pipe and show proof of proper disposal within 45 days, seconded by Joe Furnari and approved. Joe Furnari moved to continue the public hearing to October 27, 2005, seconded by Kevin Carr and approved (5-0). Public Hearing - Abbreviated Notice of Resource Delineation - DEP file # 64-405 - • Chapel Hill LLC - Determination of a Delineated Wetland Boundary Line off Clark Avenue Atty. Jack Keilty addressed the Commission and explained that this property involves two parcels of land on Clark Avenue. He noted that they have filed a resource area delineation based on the findings of Mary Rimmer. He also noted that they will be filing a definitive subdivision plan in the future, but noted that this delineation is needed to determine the layout of that plan. He estimated that there is a possibility that 15 to 20 homes could be built on this site. Kevin Cornacchio opened the hearing up for public comment at this time. Paul LeBlanc of 38 Clark Street addressed the Commission and expressed his concern about the location of the wetlands. Frank Taormina suggested that the Commission visit the site and noted that when they see it they may have more questions or comments. The Commission scheduled a site visit for Saturday, October 22, 2005 at 8:45 a.m. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the public hearing to October 27, 2005, seconded by Joe Furnari and approved (5-0). Old / New Business • There was no old or new business this evening. 4 • There being no further business to come before the Commission this evening, a motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Carr and approved. The meeting was adjourned at 8:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC101305 Approved by the Conservation Commission on October 27, 2005 • • 5 CII'Y OF co SALEM, MA CITY OF SALEM CLERK'S OFFICE ` CONSERVATION COMMISSi 1�5 UTN 25 A.8: 51 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, October 27, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. aiOMP? / -A .Ar_ -- Kevin P. Cornacchio; Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—October 13,2005 2. Continuation of Public Hearing--Notice of Intent—DEP #64-406—City of Salem Department of Public Services, City Hall Annex, 120 Washington Street,Salem, MA 01970. The purpose of this hearing is to discuss proposed Water System Infrastructure Improvements along a potion of Loring Avenue,portion of Lafayette Street, the Sunset Road Neighborhood,and the end of Pierce Road. • 3. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-405— Chapel Hill LLC, George Belleau, 532 Lowell Street,Peabody,MA 01960. The purpose of the hearing is for a determination of a delineated wetland boundary line off of Clark Avenue. 4. Continuation of Public Hearing—Notice of Intent—DEP #64-382—Rehka Agarwal, 60 Brighton Street, Belmont,MA 02478 & Sean McCarthy,53 Oakland Avenue,Brighton,MA 02135. The purpose of this hearing is to discuss the proposed extension of Abneda Street and the filling and replication of BV W at 12 Abneda Street. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-385—Dan Hibbard,AAA Tree Services,P.O. Box 1492,Saugus,MA 01906. The purpose of this healing is to discuss the proposed site work within the Buffer Zones to an Inland Bank and Bordering Vegetated Wedand at 120 Swampscott Road. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward II Social Club, 1 &3 East Collins Street, Salem, MA. The purpose of this hearing is to discuss the after-the-fact paving of a parking lot and the conversion of a portion of parking lot to lawn located within Land Subject to Coastal Storm Flowage and a Buffer Zone to Salt Marsh at 1 & 3 East Collins Street. 7. Public Hearing—Request for Determination of Applicability—Pavel Menn,8 Maverick Court,Marblehead, MA 01945. The purpose of this hearing is for the determination of work related to the proposed filling of a small depression and the repair of and existing drainage problem at 469 Highland Avenue. 8. Old/New Busine his notice poSted On Bu latir, Board" City Pull Ave., Salem, Dass. -on Ocr. a$. ams at 9'5-7 /T/-y In al:cordanl:* avM Chip. 39 :bac, 29A 2313 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 0 VAMSALEM.COM t ,J • Salem Conservation Commission Minutes of Meeting Thursday, October 27, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, October 27, 2005 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, Keith Glidden, Kevin Carr, David Pabich and Michael Blier. Also present was Conservation Administrator Frank Taormina. Members Absent: None Approval of Minutes The minutes of the Salem Conservation Commission meeting held on October 13, 2005 were presented for approval. Joe Furnari moved approval of the minutes as submitted, seconded by Keith Glidden and approved. Public Hearing - Notice of Intent - City of Salem Massachusetts - Department of Public Services - Water System Infrastructure Improvements on Portions of Loring Avenue, Lafayette Street, Sunset Road, and the end of Pierce Road - DEP File # 64- 406 • Joe Nerden addressed the Commission and noted that a site visit was held and asked if the Commission has any further questions regarding the project. Kevin Carr stated that he attended the site visit and it looks clear cut to him and noted that he did not have any further questions. Kevin Cornacchio stated that he would like to see provisions for a silt fence and hay bales at the end of Pierce Road. He also noted that this is a straightforward project. David Pabich noted that he has to abstain from the vote on this matter as he was not present at the last meeting. 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 Joe Furnari to close the public hearing, seconded by Kevin Carr and approved (6-0). Keith Glidden moved to issue an Order of Conditions for the City of Salem, Massachusetts - Department of Public Services - Water System Infrastructure Improvements on Portions of Loring Avenue, Lafayette Street, Sunset Road, and the end of Pierce Road - DEP File # 64-406, seconded by Joe Furnari and approved (5-0- 1) with David Pabich abstaining. • 1 • Public Hearing - Abbreviated Notice of Resource Delineation - DEP file # 64-405 - Chapel Hill LLC - Determination of a Delineated Wetland Boundary Line off Clark Avenue Atty. Jack Keilty addressed the Commission and noted that the Commission held a site visit on this project. Kevin Cornacchio noted that he thought that the wetlands delineation is straightforward and accurate and he did not feel that a peer review was necessary. 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 Joe Furnari to close the public hearing, seconded by Kevin Carr and approved (6-0). Joe Furnari moved to issue an Order of Conditions for Abbreviated Notice of Resource Delineation - DEP file # 64-405 - Chapel Hill LLC - Determination of a Delineated Wetland Boundary Line off Clark Avenue, seconded by Keith Glidden and approved (5-0-1) with David Pabich abstaining. Continuation of Public Hearing - Notice of Intent - DEP File #64-382 - Giacalone Construction - Proposed Extension of Almeda Street and the Filling and Replication of • Bordering Vegetated Wetland at 12 Almeda Street Kevin Carr moved to continue this matter to the next meeting of the Conservation Commission as the applicant failed to appear this evening, seconded by Joe Furnari and approved (6-0). Frank Taormina will check with Atty. Bill Quinn and John Dick on the status of this matter. Continuation of Public Hearing - Ward II Social Club - 1&3 East Collins Street - Notice of Intent - After the Fact Paving of the Parking Lot Kevin Cornacchio read a letter from the applicant requesting that the Public Hearing be continued to the next meeting of the Conservation Commission. Keith Glidden moved to continue the public hearing to the next meeting of the Conservation Commission, seconded by Michael Blier and approved (6-0). Public Hearing - Request for Determination of Applicability - Pavel Menn - 469 Highland Avenue - The Purpose of this hearing is for the determination of work related to the proposed filling of a small depression and the repair of an existing drainage problem at 469 Highland Avenue Scott Patrowicz addressed the Commission and explained that this property is on Highland Avenue next to Malone Fence. He noted that there is an old billboard on the site, which will be removed. • Mr. Patrowicz explained that he surveyed the site for Mr. Menn and noted that there is significant ledge on the property. He also noted that during his survey it occurred 2 • to him that it could be isolated land subject to flooding and did further surveying and calculations to be sure. Mr. Patrowicz explained his calculations and noted that this is not the case. He explained that the stage storage calculations show that the amount of water contained on the site ponds and spills out on to Highland Avenue. Mr. Patrowicz explained that his client intends to develop this site at some time and noted that the land is zoned for business. Keith Glidden questioned where the water that ponds on the site comes from. Mr. Petrowicz explained the water is from runoff that puddles on the site and spills over into Highland Avenue. He also noted that they would be working with the City Engineer to correct the problem. Frank Taormina recommended that the Commission hold a site visit to this property. He explained that there is criteria that this property has to meet and noted that it has to meet all of the criteria to be considered an ILSF wetland and noted that it is worth taking a look at. Kevin Cornacchio opened the hearing up for public comment at this time. Mr. Patrucci of 5 Wyman Drive addressed the Commission and expressed his concern about parking issues should this site be developed. He also stated that he feels that this is a wetland and a swamp that was filled at one time. There being no further questions or comments regarding this matter a motion was • made by Keith Glidden to continue the public hearing to the next meeting of the Conservation Commission, seconded by Joe Furnari and approved (6-0). Continuation of Public Hearing - Notice of Intent - Triple A Tree Services - 120 Swampscott Road - Mr. Hibbard Patrick DeIulis addressed the Commission and noted that Mr. Orzo is not yet present at the meeting and suggested that the Commission start with is client until Mr. Orzo arrives. He explained that at the conclusion of the last meeting it was continued so that absent members could review the plans. He noted that an Enforcement Order was issued so that his client could start cleaning up the site and that work has been started. David Pabich stated that he feels that the stream crossing is critical to the well being of the stream. Frank Taormina explained that the applicant cannot meet the Stream Crossing Standards so the applicant would have to file a category 2 PGP permit with the Army Corp of Engineers. He noted that the approval would come from the Army Corp. He also noted that the Commission could condition that this approval is obtained before construction starts. David Pabich reviewed the plan. He noted that a lot hinges on the access from • Robinson Road and noted that this filing was triggered by violations on the site. He stressed that this needs to be conditioned so that the violations are taken care of. 3 • He suggested that an enforcement order be issued for mitigation and the restoration of the bank. Keith Glidden noted that the restoration work has to be done within the three-year time frame of the Order of Conditions. Frank Taormina noted that two growing seasons must pass before a Certificate of Completion can be granted. David Pabich noted that the Conservation Commission has been patient and noted that this work needs to be done, noting that it should have been completed a year ago. Joe Orzo addressed the Commission and explained that the intent is to build a shallow swale and explained the plan. David Pabich stated that he is concerned that the roadway will get worn and noted that the plan does not give enough detail. He also noted that he is concerned about the lawn or the roadway washing out noting that conditions change. Joe Orzo explained that the basin is designed for 125% of a 100-year storm. David Pabich noted that we have had two 100-year storms in recent years. He noted that it is not a significant burden to provide what he is suggesting. Kevin Cornacchio agreed noting that a heavily used site will wash away. David Pabich questioned what size pipe is there now. Mr. Orzo stated that the • Engineer could not identify a pipe on the site. David Pabich also questioned if calculations for maximum flow were done on this site. Mr. Orzo stated that they did not do them. David Pabich noted that it looks like that area is inundated with water and wondered if a 24" pipe was big enough. Mr. Orzo noted that the Army Corp. of Engineers might require more calculations. David Pabich stated that he would like to see something more definitive. Atty. DeIulis addressed the Commission and stated that Mr. Mongello would like to complete his portion of the remediation. He also noted that it appears at this time that the applicant, Mr. Hibbard is not a viable purchaser for this property. He also noted that the abutter Mr. Hutchinson is moving earth around on the other side of Robinson Road. Frank Taormina noted that the matter has been deferred to the City Solicitor and Mr. Hutchinson's issues have nothing to do with this filing. Atty. DeIulis noted that his client was under the impression that the Order of Conditions would be granted which would supersede the Enforcement Order that was issued and suggested that 45 days is not enough time to complete the remediation work on the site. He noted that the weather has been a factor with all of the rainy days that we have had. Kevin Carr suggested that Mr. Mongello continue with the remediation work in the time specified and if they feel that an extension is needed the Commission could consider that. • David Pabich agreed and suggested that they do what is in their power to stabilize the site. 4 r • Kevin Cornacchio opened the hearing up for public comment at this time. Fred Hutchinson addressed the Commission and expressed his concerns about the allegations made by Atty. DeIulis. He also noted that the address of the property is 120 Swampscott Road not Robinson Road. There being no further questions or comments regarding this matter a motion was made by Kevin Carr to continue the matter to the next meeting of the Conservation Commission, seconded by Joe Furnari and approved. Old / New Business Frank Taormina explained that due to the Veterans Day holiday city hall will be closed on Thursday evening November 10, 2005 and therefore no public meetings can be held. He noted that the Commission is only meeting once in the month of November because of Thanksgiving the Commission needs to reschedule the meeting. The Commission discussed options for rescheduling the meeting. Joe Furnari moved to reschedule the next Conservation Commission meeting for Thursday, November 17, 2005 at 6:00 p.m., seconded by Kevin Carr and approved. Frank Taormina informed the Commission that Paul DiBiase would be coming before the Commission for the Osborne Hills Subdivision at the next meeting. There being no further business to come before the Commission this evening, a • motion was made by Joe Furnari to adjourn the meeting, seconded by Kevin Carr and approved. The meeting was adjourned at 7:45p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC102705 • 5 Ci :;F SALEM, MA CITY OF SALEM CLERtS'S OFFICE • CONSERVATION. COMMISSION 1115 NOV -I A 9: 00 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled for Thursday, November 10, 2005 at 6:00pm at City Hall Annex, Room 313, 120 Washington Street has been rescheduled to: V NOVEMBER 17, 2005 at 6:OOPM City Hall Annex, Room 313, 120 Washington Street • This notice ,posted on "Official Bulletin Board" City Halt Ave., Salem, Mass. on `nog, 7, aoo5 at '1 'oo.ftn in aocor�daine with Chep. 39 &W 23A a 23B e>�w.G.L. • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 9 TEL: 978.745.9595 FAx: 978.740.0404 WWIV.SALEM.COM CH V Or SALEM, MA a . CITY OF SALEM CLERK'S OFFICE , CONSERVATION COMMISSION 1895 Nov .15 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,November 17, 2005 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornaccko, Conservation Commission Chairman Revised Tentative Agenda: 1. Meeting Minutes—October 27,2005 2. Continuation of Public Hearing—Notice of Intent—DEP #64-382—Rehka Agarwal, 60 Brighton Street, Belmont,MA 02478 & Sean McCarthy,53 Oakland Avenue,Brighton,MA 02135. The purpose of this hearing is to discuss the proposed extension of Almeda Street and the filling and replication of BV W at 12 Ahmeda Street. 3. Continuation of Public Hearing—Request for Determination of Applicability—Pavel Merin, 8 Maverick • Court, Marblehead, MA 01945. The purpose of this hearing is for the determination of work related to the proposed filling of a small depression and the repair of and existing drainage problem at 469 Highland Avenue. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward II Social Club,1 &3 East Collins Street, Salem, MA. The purpose of this hearing is to discuss the after-the-fact paving of a parking lot and the conversion of a portion of parking lot to lawn located within Land Subject to Coastal Storm Flowage and a Buffer Zone to Salt Marsh at 1 & 3 East Collins Street. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-385—Dan Hibbard,AAA Tree Services,P.O. Box 1492,Saugus,MA 01906. The purpose of this hearing is to discuss the proposed site work within the Buffer Zones to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road. 6. Notice of Project Change—DEP#64-393—Palmer Cove Yacht Club,78 Leavitt Street. 7. Request for Certificate of Compliance—DEP#64-386—Aggregate Industries, 115 Swampscott Road. 8. Request for Certificate of Compliance—DEP#64-402—Gerard Tardiff, 15 Story Street 9. Old/New Business This notice posted on "Official Bull"" Boall' City Hall Ave., Salem, Mass. on �y/Dy �S, o7vo� at 9 V'Rrm in accordarme With Chap. 30 On • 23A A 938 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 a TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.CnN! • Salem Conservation Commission Minutes of Meeting Thursday, November 17, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, November 17, 2005 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Joseph Furnari, Michael Blier, Keith Glidden, Kevin Carr and David Pabich. Also present was Frank Taormina, Conservation Administrator. Members absent: Kevin Cornacchio In the absence of Chairman Kevin Cornacchio, Vice Chair Joe Furnari chaired the meeting. Mr. Furnari called the meeting to order at 6:00 pm. Approval of Minutes The minutes of the Salem Conservation Commission meeting held on October 27, 2005 were presented for approval. Kevin Carr moved approval of the minutes seconded by Keith Glidden and approved (5-0). Continuation of Public Hearing - Notice of Intent - DEP #64-382 - Rehka Agarwal & Sean McCarthy - 12 Almeda Street. Salem MA - Proposed Extension of Almeda Street and the Filling and Replication of a Borderino Vegetated Wetland • Mr. Furnari informed the Commission that the applicant has requested that this matter be continued to the next meeting of the Commission on December 8, 2005. He noted that they requested this over the phone and Frank Taormina lost the telephone connection and was unable to complete the call. Mr. Furnari asked the Commission how they wished to proceed with this matter, noting that this has been a long process and the applicant has failed to appear at several meetings without notifying the Commission that they would not be here. Frank Taormina agreed and noted that the applicant did ask for a continuation and recommended that the commission could vote to either continue the project again, or vote to deny the project based on not enough information needed to issue and Order of Conditions. Keith Glidden noted that the Commission would like to see this project finished and suggested that they grant the continuance. Frank Taormina reported that he informed the applicant that the Commission was allowing them to go forward with the replication because there was a certain window of opportunity to get that work started, and the work has not been done. He recommended that they continue the matter to December 8, 2005 and give the applicant one more chance to settle this. David Pabich noted that the conditions that bind have not changed. He also noted that there are fines involved and the Commission did not make an official ruling on the status of the fines. • Kevin Carr stated that they are not showing good faith at all. • Joe Furnari stated that he would go on record as suggesting that the Commission continue the matter to December 8, 2005 and get the matter wrapped up at that meeting. He noted that this has gone on too long and the Commission has been more than patient with them since the Commission became aware of the present owners. Frank Taormina explained that the applicant is trying to sell the property and needs an Order of Conditions to complete the sale. He suggested that the Commission notify them to appear at the December 8, 2005 meeting with an Engineer and Development Team. He stated that he would let them know that they have to come to the meeting and be prepared. Joe Furnari noted that there is only one meeting in December. David Pabich stated that his inclination is to deny the project, noting that feels that the Commission has waited long enough for this. Frank Taormina cautioned against that noting that the work has to be done but they will have to re-file in order to complete this. He noted that the Commission has every right to deny this based on insufficient information. He noted that the prospective buyer is inheriting this work as well and he can understand why they would want the Order of Conditions before the sale is complete. He noted that at least all of the loose ends would be tied up. David Pabich asked for a recap of the history of the applicant continuing this matter. Frank Taormina reported that they failed to appear at the last two'meetings without notifying the Commission. He reported that he called her and her attorney. He also noted that they had been planning to contract with John Dick for his services. • David Pabich stated that they have been given ample opportunity to solve this matter. He questioned whether the outcome of this will be different or better if the Commission continues this tonight and recommended that the Commission deny the project. Frank Taormina suggested that the Commission continue the matter to December 8, 2005 and send the applicant a letter notifying them that there will be no more continuances. Joe Furnari asked what the status of the fines were. Frank Taormina reported that the fines are up to $6,800. Keith Glidden suggested that the letter indicate that the status of the fines will be discussed at the next meeting. Frank Taormina noted that the replication cannot take place this season as it is too late. He noted that the Commission should vote on this tonight. Keith Glidden moved to continue the matter to December 8, 2005 with a notice going send out by Frank on behalf of the commission, stating that the applicant has missed the past three public hearings and the applicant must submit the required information requested by the commission prior to the next meeting. If the applicant fails to submit the required information prior to the next meeting and/or fails to show for the next meeting, the commission would vote again to deny the project based on not enough information to issue an Order of Conditions, seconded by Kevin Carr. • The motion was approved 3-2 with David Pabich and Michael Blier opposed. Continuation of Public Hearin - Reguest for Determination of Applicability - Pavel 2 Menn - 469 Highland Avenue - The purpose of this hearing is for the Determination of Work related to the Proposed Filling of a Small Depression and the Repair of an Existing Drainage Problem. Scott Patrowicz addressed the Commission and noted that the Commission members were to visit the site. He also noted that they have provided calculations for the Commission. He asked if there were any questions regarding this project. David Pabich stated that he felt that it was straightforward and he had no questions. Joe Furnari opened the hearing up for public comment at this time. Vincent Bolduc of 52 Wyman Road addressed the Commission and stated that he feels that this proposal will be a great improvement. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Kevin Carr and approved (5-0) David Pabich moved to issue a Negative Determination 1, seconded by Keith Glidden and approved (5-0). Continuation of Public Hearing - Notice of Intent - DEP #64-383 - Ward II Social Club - 1 & 3 East Collins Street - After the Fact Paving of a Parking Area and the Conversion of a Portion of the Parking Lot to Lawn Area within Land Subject to • Coastal Storm Flowage and a Buffer Zone to a Salt Marsh. Joe Furnari read a letter from Atty. Scott Grover requesting that the matter be continued to December 8, 2005. Kevin Carr moved to continue the matter to December 8, 2005 seconded by Michael Blier and approved (5-0). Continuation of Public Hearing - DEP # 64-385- AAA Tree Services - 120 Swampscott Road - The Purpose of this Hearing is to discuss the Proposed Site Work within the Buffer Zone to an Inland Bank and Bordering Vegetated Wetland Carman Mongello, property owner of 120 Swampscott Road, addressed the Commission and explained that they have been doing the requested work on the site Mr. DeIulis, attorney for Mr. Mongello, stated that they do not object to continuing the matter and noted that they do not want to do anything to prevent Mr. Hibbard from closing on the property if he decides to pursue the property. Frank Taormina explained that it would involve another meeting and the Commission would pick up where they left off with Mr. Hibbard. Kevin Carr moved to continue the matter to December 8, 2005,seconded by Keith Glidden and approved (5-0). Notice of Project Change - Palmer Cove Yacht Club - DEP #64-393 - 78 Leavitt Street, Salem. MA. • Frank Taormina addressed the Commission and noted that he did not see a representative from the Palmer Cove Yacht Club present and suggested that they 3 • move on to the next item on the agenda. David Pabich moved to table the matter, seconded by Kevin Carr, approved (5-0). The Commission resumed discussion of this matter at 6:35 p.m. Mark Winder, member and representative of the Palmer Cove Yacht Club, Addressed the Commission and reported that they ran into some difficulty with the tiebacks proposed for their project. He explained the process that they would like to use and noted that the only change in the appearance of the project will be in the wall. David Pabich asked if this change would require them to modify the Chapter 91 License. Mr. Winder explained that they have notified them and they believe that they are still considered a repair. Frank Taormina explained that they are here this evening because of the condition that requires them to notify the Commission of changes to the plan. He also stated that this change is very minor. He also explained the project is to stabilize the conditions that exist. Mr. Winder stated that there are no changes to the other aspects of the project that were approved by the Commission. There being no further questions or comments regarding this matter, a motion was made by Keith Glidden to approve the amended plan with no changes to the Order of • Conditions, seconded by David Pabich and approved. Request for Certificate of Compliance - DEP file #64-386 - Aggregate Industries - 115 Swampscott Road, Salem, MA Frank Taormina reported that the applicant has requested a Certificate of Compliance. He explained that there was some illegal dumping on the site and they have removed all of the material. He stated that they finished the work and he inspected it and all of the work has been done. He noted that the conditions require them to leave the silt fence and the hay bales in place for 6 months and they may be in again in the spring to remove them and recommended approval of the Certificate of Compliance. Kevin Carr moved to issue a Certificate of Compliance for Aggregate Industries - 115 Swampscott Road, seconded by David Pabich and approved (5-0). Request for Certificate of Compliance - DEP file #- Cheryl Tardiff - 15 Story Street Salem, MA. Frank Taormina reported that they submitted photos of the work that was done. He noted that the driveway was starting to deteriorate and the problem has been corrected. Kevin Carr moved to issue a Certificate of Compliance for Cheryl Tardiff - 15 Story Street, Salem, MA. seconded by David Pabich and approved (5-0). • OLD / NEW Business 4 • Frank Taormina reported that the building at the old Coastal Gas station on Derby Street has been removed and explained that they received a Chapter 91 License for the project. He reported they would probably be breaking ground on that project soon. Frank Taormina informed the Commission that he was informed that Salem State College is planning to come in for additional athletic fields in at their Central Campus near Pickman Park area. He noted that they have been holding neighborhood meetings on this, and was notified by one of the resident neighbors to SSC. He explained that the SSC Central Campus location was the former Sylvania Company and that the wetlands were restored and a portion of upland is former landfill that has been capped. The proposal is for full college baseball field that will be constructed in place of the existing ball field near Pickman Park and over the landfill cap. He noted that nothing has been filed as of yet but he wanted to update the Commission. He also noted that the monitoring reports show that the area is stable and nothing has leeched into the groundwater. Frank Taormina reported that he received a call from a gentleman who is an underwater archeologist who has been in search of a shipwreck called the Margaret and he thinks he has located it off the Gooseberry Islands. He noted that the area is located in within Salem City Limits and within jurisdictional water of Salem. Land Under Ocean (LUO) is a resource area and under the jurisdiction of the Commission. He explained that they are only doing exploratory procedures to determine if this is the Margaret and they had to file with the Massachusetts Board of Underwater Archeology, which is part of the Massachusetts Coastal Zone Management (CZM). • He noted that he talked to the State and they have given them a permit to confirm their information with sonar or and no dredging will be done. He also noted that if they wish to proceed further they would have to file a Notice of Intent with the Commission and a dredging permit with the state. There being no further business to come before the Commission this evening a motion was made by Kevin Carr to adjourn the meeting, seconded by David Pabich and approved. (5-0). The meeting was adjourned at 6:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission • 5 CIT'; OF SALEM, MA CLERK' S OFFICE CITY OF SALEM ' CONSERVATION COMMISSIOM - ' S A 9: �4 Notice of Meeting You are hereby notified that the Salem Conservation Commission Nvill hold its regularly scheduled meeting on Thursday, December 8, 2005 at 6:00 pm at City Hall Anv" / oomJ20 Washington Street. 2GW1 /10�� Kevin P. Conmcchio, :J Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—November 17,2005 Meeting Schedule—Vote to approve 2006 Meeting Schedule 2. Public Hearing—Request for Determination of Applicability—Alex Brown,7 Riverbank Road,Salem,MA 01970. The purpose of this hearing is for the determination of work related to the construction of a second floor addition to a single-family dwelling within a Riverfront Area at 7 Riverbank Road. 3. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward II Social Club,1 &3 East Collins Street, Salem, MA. The purpose of this hearing is to discuss the after-the-fact paving of a parking lot and the • conversion of a portion of parking lot to lawn located within Land Subject to Coastal Storm Flowage and a Buffer Zone to Salt Marsh at 1 & 3 East Collins Street. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-385—Dan Hibbard,AAA Tree Services,P.O. Box 1492,Saugus,MA 01906. The purpose of this hearing is to discuss the proposed site work within the Buffer Zones to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road. 5. Continuation of Public Hearing—Notice of Intent—DEP #64-382—Rehka Agarwal, 60 Brighton Street, Belmont,MA 02478 & Sean McCarthy,53 Oakland Avenue,Brighton,MA 02135. The purpose of this hearing is to discuss the proposed extension of Almeda Street and the filling and replication of BV W at 12 Almeda Street. 6. Public Hearing—Notice of Intent—Michael & Maureen Kapnis, 6 Marion Road, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a proposed single-family dwelling and utilities within a Buffer Zone to an Inland Bank at 12 Brooks Street. 7. Public Hearing—Notice of Intent—Lisa Sasur,New England Power CO., 25 Research Drive,Westborough, MA 01582. The purpose of this hearing is to discuss the replacement of two electrical transmission line structures within a buffer zone to a BVW along a NEPC right-of-way in Salem. 8. Request to Extend an Order of Conditions—Fafard Real Estate&Development Corporation,Technology Way 9. Request for Certificate of Compliance—Mark Tremblay,7 Laurier Road 10. Request for Certificate of Compliance—Stephen Lovely, 14 Story Street This notice posted on "Official 6 tin Boardu • 11. Old/New Business City Hall Ave., Salam, Mass. on 1b_,aW7 , at in accordance with . 23A ik 239 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, December 8, 2005 A regular meeting of the Salem Conservation Commission was held on Thursday, December 8, 2005 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Michael Blier, Keith Glidden, and Kevin Carr. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: David Pabich Aporoval of Minutes The minutes of the Salem Conservation Commission meeting held on November 17, 2005 were presented for approval. Joe Furnari moved approval of the minutes seconded by Kevin Carr and approved (5-0). Aporoval of Meeting Schedule Frank Taormina reviewed the proposed schedule for Conservation Commission • meetings for the year 2006. Joe Furnari moved to approve the Conservation Commission meeting schedule for 2006, seconded by Keith Glidden and approved (5-0). Public Hearing - Request for Determination of Applicability - Alex Brown - 7 Riverbank Road, Salem. MA. - Determination of Work Related to the Construction of a Second Floor Addition to a Single Family Dwelling within a Riverfront Area Joe Furnari moved to continue the matter to January 12, 2006, seconded by Kevin Carr and approved (5-0). Continuation of Public Hearing - Notice of Intent - DEP #64-383 - Ward II Social Club - 1 & 3 East Collins Street - After the Fact Paving of a Parking Area and the Conversion of a Portion of the Parking Lot to Lawn Area within Land Subject to Coastal Storm Flowage and a Buffer Zone to a Salt Marsh Kevin Cornacchio read a letter from Atty. Scott Grover requesting that the matter be continued to December 8, 2005. Kevin Carr moved to continue the matter to January 12, 2006 seconded by Keith Glidden and approved (5-0). Continuation of Public Hearing - DEP # 64-385- AAA Tree Services - 120 Swampscott • Road - The Purpose of this Hearing is to discuss the Proposed Site Work within the Buffer Zone to an Inland Bank and Bordering Vegetated Wetland I • Kevin Cornacchio read a letter from Gulf of Maine Research Inc. requesting that the matter be continued to January 12, 2006. Joe Furnari moved to continue the public hearing to January 12, 2006, seconded by Kevin Carr and approved (5-0). Frank Taormina noted that the applicant contacted him and mentioned that all the work has been completed per the Enforcement Order and he will go out there and take a look at it. Continuation of Public Hearing - Notice of Intent - DEP #64-382 - Rehka Agarwal & Sean McCarthy - 12 Almeda Street, Salem MA - Proposed Extension of Almeda Street and the Filling and Replication of a Bordering Vegetated Wetland Stan Bigelow addressed the Commission and reviewed the history of the project for those present. He noted that the original owner agreed to extend Almeda Street to the rear lot line at a paved width of approximately 24-foot wide, install a concrete retaining wall and extend the water and sewer to the property so future water connections could be made if the city wanted. Mr. Bigelow reviewed the storm water management plan for the site. He noted that the site is largely covered with shallow soil on top of bedrock and the runoff is sheet runoff. He noted that they do not anticipate any increases in runoff. Atty. Bill Quinn representing Dr. Agarwal addressed the Commission and explained that the situation came about because of problems that the previous developer had. • He acknowledged that the planting would not be complete this season as they had hoped and stated that his client is struggling to handle the whole situation. Atty. Quinn explained that they have agreed to sell the property to a builder and in order to complete the sale they need an Order of Conditions from the Conservation Commission. Kevin Cornacchio noted that the site is in compliance, noting he had not been out there. Frank Taormina stated that the lot is in compliance and the hay bales are in good shape. He also noted that the planting plan has been submitted. He explained that in addition to the two confirmed replication areas an area in front of the retaining wall has also been disturbed and the Planting Plan calls for this to be replicated as well. Mr. Taormina noted that in total, the applicant would be replicating to a 3-1 ratio, which far exceeds the required 1-1 ratio. Kevin Cornacchio asked if the applicant is still planning to extend the retaining wall toward Highland Avenue. Mr. Bigelow stated that they would and identified the retaining wall on the site plans. He noted that the rubble material that has encroached toward the hay bales at the edge of the Andy's Pond will be removed, the retaining wall extended, and the wetlands replicated in front of the wall. Keith Glidden noted that David Pabich had some questions that seem to have been addressed and referred to an email from Mr. Pabich. Kevin Cornacchio opened the hearing up for public comment at this time. There was • no one present who wished to comment on the proposal. A discussion was held regarding the fines held in abeyance imposed by the 2 • Conservation Commission for this project. Frank Taormina noted that the fines total $6,800.00. Kevin Carr stated that he feels that the fines should stand. Michael Blier agreed noting that Mr. Dick suggested in September that the planting would be done and he does not think a good faith effort was made. He noted that fining should be a deterrent to the applicant to get the work done and we have not seen this. He stated that the Commission needs to take a stance on this. Atty. Quinn noted that his client was unaware of the fines and has made an effort to bring the site into compliance when she was notified of the fact. He also noted that every dollar assessed to them is in addition to the bath they are already taking on this property. Frank Taormina reiterated to the Commission that they could only legally go after the owner of the property, not the contractor or any other representative hired by the property owner. Stan Bigelow addressed the Commission and stated that he has been involved in this project from the start, hired by the previous owner and rehired by the current owner. He noted that the applicant picked up this project mid stream and it has been difficult for them. He noted that they have done well with a difficult situation they had to deal with. He also noted that the fines would add to the legal fees they have incurred to get out of this situation. • Kevin Cornacchio noted that the comments made are appropriate and noted that there is a price you pay when the rules are ignored. He stated that he would be willing to discuss a reduction of the fees. Joe Furnari suggested that the Commission reduce the fine in half, to $3,400.00. Joe Furnari moved to reduce the fine to $3,400.00, seconded by Keith Glidden and approved (5-0). Joe Furnari moved to close the public hearing, seconded by Keith Glidden and approved (5-0). The Commission reviewed a draft Order of Conditions. The Commission discussed the following special conditions for the project: The Commission agreed that the fines must be paid prior to January 3151 or the Order of Conditions will be revoked. Frank Taormina mentioned that the written Agreement between the applicant and the City of Salem states that the applicant posts a performance bond for the cost of the roadway. Frank suggested that the commission be redundant and require that applicant to post a performance bond with the City of Salem to insure the completion of the roadway. Joe Furnari made the motion, seconded by Kevin Carr. • The Commission agreed that the applicant should finish the retaining wall prior to starting the replication work at the foot of the wall, so not to disturb the wetlands 3 • and the wetland replication. The hay bales shall be inspected in the spring and replaced if necessary. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to approve the order of conditions for Notice of Intent - DEP #64-382 - Rehka Agarwal & Sean McCarthy - 12 Almeda Street, Salem, MA., seconded by Kevin Carr and approved (5-0). Public Hearing - Notice of Intent - Michael & Maureen Kapnis - Construction of a Posed Single Family House Within a Buffer Zone to an Inland Bank at 12 Brook Street. Salem. MA. Mr. Kapnis addressed the Commission and stated that he received an Order of Conditions in 1990 to construct a single family home on the property he purchased in 1987. He also noted that he received a variance in 1989. He also explained that the city cleaned a culvert in the mean time with heavy equipment, which caused erosion of the riprap. He stated that he is present this evening to seek guidance from the Commission on how to proceed now that he would like to pursue the construction of a home on the property. Kevin Cornacchio suggested that Mr. Kapnis obtain the services of a wetlands specialist to assist him with his plans. He also explained that they would have to prove that this is an intermittent stream or perennial stream, then confirm that this • project could meet the performance standards for the confirmed wetland resource area. Kevin Cornacchio opened the hearing up for public comment at this time. Mary Ritchie of 32 Lawrence Street addressed the Commission and expressed her concern about the erosion and more runoff into the brook. She stated that she is concerned about adding to the water problems for everyone in the area. Mrs. Manero of 17 Wheatland Street addressed the Commission and expressed her concern about the problems that already exist in the area. She noted that she is concerned about the trees and the wildlife that exist there. Shane McCarthy of 8 Lawrence Street addressed the Commission and expressed his concern about the value of the other properties in the area. He also noted that here are problems there when there are heavy rains. There being no further questions or comments regarding this matter at this time a motion was made by Joe Furnari to continue the public hearing to January 12, 2006, seconded by Kevin Carr and approved (5-0). Public Hearing - Notice of Intent - Massachusetts Electric Company - Reglacement of Two Electrical Transmission Line Structures within a Buffer Zone to a Bordering Vegetated Wetland Along a New England Power Company Right of Way • Lisa Sasur of New England Power Company addressed the Commission and explained the proposal for the replacement of two electrical transmission line structures within 4 • a buffer zone to a bordering vegetated wetland along the New England Power Company right of way. She showed photographs of the area, Old Street and Horton Street, and noted that an outage will be conducted to install the new structures. Kevin Cornacchio questioned where the equipment would be stored. Ms. Sasur explained that the equipment would be stored in the right of way and noted the location on the plan. 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 a DEP file number has not been issued for this project and the Commission cannot approve this until one is issued. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to January 12, 2006, seconded by Keith Glidden and approved (5-0). Reauest to Extend Order of Conditions - Fafard Real Estate and Development Corporation - Technology Way Kevin Cornacchio read a letter from Fafard Real Estate and Development Corporation requesting an extension on their Order of Conditions for 3 years. • Joe Furnari moved to grant an extension on the Order of Conditions for Fafard Real Estate and Development Corporation for three years, seconded by Kevin Carr and approved (5-0). Request for Certificate of Compliance - Mark Tremblay - 7 Laurier Road Frank Taormina informed the Commission that there are several outstanding issues on this site and recommended that the Commission deny the request for a Certificate of Compliance. Joe Furnari moved to deny the request for a Certificate of Compliance for Mr. Tremblay, 7 Lauier Road, Salem, MA., seconded by Keith Glidden and approved (5-0). Reauest for Certificate of Compliance - Steven Lovely - 14 Story Street Salem MA Frank Taormina informed the Commission that the work has been completed in accordance with the plans approved by the Salem Conservation Commission. Joe Furnari moved to approve the Certificate of Compliance for Steven Lovely, 14 Story Street, Salem, MA., seconded by Kevin Carr and approved (5-0). • Old / New Business Frank Taormina updated the Commission on the Hutchinson property (15 Robinson 5 . Road). He noted that the situation is in the hands of DEP and there is no action required by the Commission. There being no further business to come before the Commission this evening a motion was made by Kevin Carr to adjourn the meeting, seconded by Joe Furnari and approved. (5-0). The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC120805 • • 6 • • qo g •