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2006-CONSERVATION COMMISSION v�. CII'Y OF SALEM. MA -- CITY OF SALEM - CLERK'S OFFICE CONSERVATION COMMISSION 2005 DEC 17 P 12: 14 2006 Meeting Schedule You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meetings for 2006 at 6:00 PM, in City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornaccbio Consewation Commisrion Cbainnan hursday,January 12, 2006 Thursday, September 14, 2006 hursday,January 26, 2006 Thursday, September 28, 2006 hursday, February 9, 2006 Thursday, October 12,2006 • hursday, February 23, 2006 Thursday, October 26, 2006 ,/Thursday, March 9, 2006 Thursday,November 9, 2006 ✓Thursday, March 23, 2006 Thursday, November 30, 2006 ✓We , tle" a412ft6 Cspet4. er-kiJ � A,Ifhursday,April 13, 2006 Thursday, December 14, 2006 uhf/hursday,April 27, 2006 ✓T \ �rsday, May 11, 2006 , rsday, May 25, 2006 2,b,Zw6CSIorc'°Q vteo�'y� Thursday,June 8, 2006 Thursday,June 22, 2006 Thursday,July 13, 2006 This notice poets-.1 on :9 `r.la! Bulletin Boardo Thursday,July 27, 2006 City Hall Ave., Gaikui11, R4iws s. on Ja , a-a9S at /a: it{ Pl� ill accordance vft Chap. 38 Sea 23A A 23B of M.G.L. ' August- No Meetings 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 4 WWW.SALEM.COM �(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,January 12, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman= a 7 z � 7) � *r Revised Tentative Agenda: p tri v. CD> 1. Meeting Minutes—December 8, 2005 D 3 o c�- M 7 2. Continuation of Public Hearing—Request for Determination of Applicability—Alex BrWn,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. r 3. Request to Extend an Order of Conditions—DEP #64-342—Robert DiNisco, 10 Bailey Terrace,Peabody, b1A 01960. Construction of 300 sq ft pier,ramp, and float at 116 Leach Street. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-408—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. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-385—Dan Hibbard,AAt1 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#64-383—Ward lI 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. Continuation of Public Hearing—Notice of Intent—DEP#64-407—ivtichael& 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. 8. Old/New Business This notice posted on "nffiieiSi Bulletin Board" • City Hail Aye; f,J at /0 ( i? i �. 23A & 23 Of NLS-L- 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 www.SALEM.COM 1 . Salem Conservation Commission Minutes of Meeting Thursday, January 12, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, January 12, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Keith Glidden, and Kevin Carr. Also present were Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: David Pabich and Michael Blier Approval of Minutes The minutes of the Salem Conservation Commission meeting held on December 8, 2005 were presented for approval. Kevin Carr moved approval of the minutes seconded by Joe Furnari and approved (4-0). 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 Kevin Cornacchio read a letter from Gulf of Maine Research Inc. requesting that the matter be continued to January 26, 2006. Joe Furnari moved to continue the public hearing to January 26, 2006, seconded by Keith Glidden and approved (4-0). Continuation of 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 Kevin Cornacchio stated that he walked the site and suggested that he Commission grant a Negative 2 Determination as the work described is within an area subject to protection under the act, but the work will not remove, fill, dredge, or alter the resource area. He also suggested that a condition be that no dumping of leaves or brush on the other side of the fence. Mr. Brown stated the he had no problem with that and noted that he would clean up the area of stocked piled lawn waste. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to issue a Negative 2 Determination for 7 Riverbank Road, seconded by Joe Furnari and approved (4-0). 1 • Reauest to Extend Order of Conditions - DEP File #64-342 - Robert DeNisco - 116 Leach Street Frank Taormina explained that the applicant is requesting an extension of this Order of Conditions for three years and noted that the original Order for a 300-foot gangway and float was amended and lowered to a 200-foot gangway and float. Mr. DeNisco who was present at the meeting addressed the Commission and stated that he will be doing the work this summer and the work should be completed by the end of 2006. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to extend the Order of Conditions for 116 Leach Street for three years, seconded by Kevin Carr and approved (4-0) Public Hearing - Notice of Intent - Massachusetts Electric Company - Replacement of Two Electrical Transmission Line Structures within a Buffer Zone to a Bordering Vegetated Wetland Along a New England Power Company Right of Way Kevin Cornacchio noted that the Commission reviewed this matter at the last meeting and the only thing that was missing from the application was the DEP File #. Frank Taormina noted that the DEP number has been received and is 64-408. • Paul Knapik, a representative of VHB, addressed the Commission and noted that a question of the Commission at the last meeting was when the scheduled line outage would be. He stated that he has confirmed that it is scheduled for June and the work will be completed at that time. He also noted that they will keep an eye on the weather and will do the work when it is not raining. Kevin Cornacchio stated that he would like a condition that if it is rainy or too muddy that no work shall be performed at that time. 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 (4-0). Joe Furnari moved to issue an Order of Conditions for Massachusetts Electric Company for the Replacement of Two Electrical Transmission Line Structures within a Buffer Zone to a Bordering Vegetated Wetland along a New England Power Company Right of Way, with a condition that no work shall be performed if the ground is soft or muddy, seconded by Kevin Carr and approved (4-0). 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 • Atty. Scott Grover addressed the Commission and explained the history of the project noting that the Notice of Intent was filed over a year ago when the Ward II 2 • Social Club repaved their parking lot. He noted that in the process it was discovered that National Grid owned a portion of the area that they paved. He introduced John Dick of Hancock Environmental to address the Commission and explain the plans. Mr. Dick addressed the Commission and explained the work that was done. He explained that this is a modified plan and in consultation with National Grid they have delineated the wetlands on the site. He noted that the BVW is phragmites. He also noted that at some point the fence was moved. He explained that 18 months ago the Ward II Social Club repaved their parking lot and what was perceived to be the end of Planters Street, but was actually land owned by National Grid. He explained the location and noted that there is an existing artificial dune that is not a functional dune and could be the result of salting and sanding road plow. Mr. Dick also noted that there is an existing bucket basin at the edge of the parking lot and located it on the plan. He explained that it captures most of the runoff from the parking lot and discharges out to the adjacent salt marsh. He noted that the drain is equipped with a flap valve and that there is no evidence of tide issues with it. He noted that they are proposing to pull it up and install a proper drain with a sump. He also noted that the roof drain may drain through the existing unit. Mr. Dick explained the mitigation plan, which includes the stabilization of the artificial dune by planting native plants. He also noted that this is a satisfactory solution to National Grid as well. Kevin Cornacchio noted that this work was done better than 18 months ago and • stated that he was pleased that they are installing a deep sump to remove suspended solids and slow down the rate of discharge into the salt marsh. He also stated that he would like to see a Maintenance and Operation Plan for the proposed drainage structure as well. He asked representatives of National Grid if they had any comments about the plan. Elizabeth Green of National Grid addressed the Commission and stated that there is a pole in the parking area that will have to be replaced at some point noting that they have done some landscaping around it but there is no immediate problem with that. She also explained that they would inspect it periodically as rotting would be accelerated since the pole is partially buried in the landscaping island. She assured the commission that it is not a major problem and that it is fine for now. Ken Lento of National Grid explained that some re-grading was done on land owned by National Grid. Kevin Cornacchio stated that the pile should be removed. Mr. Lento suggested that the material be level spread. John Dick agreed and suggested that spreading it out among the plantings would not cause a problem. Frank Taormina asked whether the existing drainage pipe had caused any scouring or siltation into the salt marsh. Mr. Dick explained that there was just a little pool that could be the result of cleaning the valve, and there did not appear to be any significant siltation deposit in the salt marsh. He noted that the existing drainage pipe would remain in tact and that the proposed storm drain and sump would be attached to it • Frank Taormina requested an inset on the plan showing the details of the proposed drainage structure w/sump. John Dick stated that they could do a field sketch of that and submit it to the commission. 3 • Kevin Cornacchio suggested that if they find anything else on the site to call Frank Taormina and have him take a look at it. Kevin Cornacchio suggested that the Commission visit the site. A site visit will be held on January 21, 2006 at 8:00 a.m. 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 comments or questions regarding this matter a motion was made by Joe Furnari to continue the public hearing to January 26, 2006, seconded by Keith Glidden and approved (4-0). Public Hearing - Notice of Intent - Michael & Maureen Kapnis - Construction of a Proposed Single Family House Within a Buffer Zone to an Inland Bank at 12 Brook Street, Salem. MA. John Dick of Hancock Environmental addressed the Commission on behalf of Mr. and Mrs. Kapnis. He explained the history of the site and noted that this small lot of 4500 s.f. is grandfathered and it is on the South River flood control channel. He noted that over the years the area was altered by the City of Salem and Camp, Dresser and McKee did a bypass out to the Forest River. He also explained the • history of the drainage and Rosie's Pond. He stated that this reach is not tidal and it is not a river. He stated that it is perennially flooded because over the years the ground water has been dug into. Mr. Dick noted that Fred Votta, a neighbor in the area provided him with a lot of information and Mr. Votta has said that he has seen the area dry. He explained that it is broad and deep and the Kapnis's do not plan to alter it in any way. He also noted that they own a good size piece of land on the other side that could be dug into to expand it. He also stated that there will be no change in grade with this proposal. Mr. Dick explained that they propose to construct a house with a half foundation and bring the rain off the roof in sheet flow to a stone trench and he is recommending mitigation plantings along the bank. Mr. Dick noted that the channel has a lot of invasive plant species and sediment in the watercourse and is in need of deering and dredging. He noted that he does not know if there is anything that the Kapnis' can do about that. He also noted that he wants to see what the intent of the City Engineer is noting that it could be that it was designed to wider than it is. Mr. Dick addressed the question of"is this a river?" He explained that the mean high water does not extend that far and referred to the Titus property and a finding that was made during the permitting process for that site. Frank Taormina noted that Rosie's Pond is upland and it should be explored if it is still functional. Mr. Dick explained a 1893 Salem quadrangle and noted that he • would have more information from engineering at the next meeting. Mr. Dick explained that the driveway would consist of pervious pavers. 4 • Frank Taormina asked if the Commission was satisfied with the information provided, and the rational behind why this is an intermittent stream rather than a perennial stream, or if the commission would prefer more information to justify the type of watercourse. The commission agreed that the information supplied by Mr. Dick was adequate. Kevin Cornacchio stated that he wants to be sure that the addition of a structure on this site will not add to the flooding in the neighborhood. Mr. Dick stated that they will use a double row of hay bales and stated that there is not going to be a lot of water and they should be able to handle it on the site. Kevin Cornacchio asked if they would be grading to the right of the structure. Mr. Dick stated that they could build a vegetated swale. Frank Taormina referred to the ZBA decision and noted that there is a condition that planting or screening be done on the opposite side of the stream. He noted that the Conservation Commission would need to approve the planting plan proposed for that area. Kevin Cornacchio suggested that the Commission hold a site visit. A site visit will be held on January 21, 2006 at 8:30 a.m. 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 flooding in the area. Phyllis Manero of 17 Wheatland Street addressed the Commission and expressed her concerns about heavy rain and the flow of the brook. He also noted that she has flooding problems in her basement and has a sump pump. Fred Votta of 212 Jefferson Avenue address the Commission and expressed his support for this project. He noted that he has extensive experience with flooding in the area and this project will not affect that. He also noted that he is Co-chair of the Salem Group on Flood Control and they will be holding a meeting on January 23, 2006 at 6:30 p.m. in the City Council Chambers. There being no further comments or questions regarding this matter a motion was made by Joe Furnari to continue the public hearing to January 26, 2006, seconded by Keith Glidden and approved (4-0). Old / New Business Frank Taormina informed the Commission that the fines ($3,400) for 12 Almeda Street have been paid by the applicant. Frank Taormina informed the Commission that in the near future they would be hearing three very large and potentially controversial projects: Osborne Hills (132- lot residential subdivision), Chapel Hill (38-lot residential subdivision off Clark Street) and the new YMCA located off of Leggs Hill Road (which also includes a 10-lot residential subdivision). 5 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. (4-0). The meeting was adjourned at 7:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CCO11206 • 6 C+CL RK S OFF CEA CITY OF SALEM ` CONSERVATION COMMISSION 100b AN 23 A11, 38 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,January 26, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes January 12,2006 2. Continuation of Public Hearing—Notice of Intent—DEP#64-383—Ward II Social Club,l &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. 3. Continuation of Public Hearing—Notice of Intent—DEP#64-407—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. 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 Buffet Zones to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road. 5. Public Hearing—Abbreviated Notice of Resource Area Delineation—Leo Higgins,24 Eagan Place,Peabody, Ma 01960. The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street. 6. Old/New Business + This notice posted on "Offlelalletlrt�QBoard" City Hall Hell Ave., Salam, Mass. on ?C&2%. at &�3� of N iG �rdanW, OftChep. 38 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, January 26, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, January 26, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Keith Glidden, Kevin Carr David Pabich and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: None Approval of Minutes The minutes of the Salem Conservation Commission meeting held on January 12, 2005 were presented for approval. Joe Furnari moved approval of the minutes of January 12, 2006, seconded by Kevin Carr and approved (6-0). 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 Kevin Cornacchio read a letter from Gulf of Maine Research Inc. requesting that the • matter be continued to February 9, 2006. Joe Furnari moved to continue the public hearing to February 9, 2006, seconded by Keith Glidden and approved (6-0). 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 John Dick of Hancock Environmental addressed the Commission and reviewed the project narrative that he submitted to the Commission. He also noted that he has submitted the details of the catch basin. He explained that they will install a two- foot sump and oil trap and will investigate any other drainage that is found. He stated that he feels that the water is carried from the parking area. Mr. Dick also noted that there is a pile of material behind the new fence that will be seeded. He explained that they will remove material of wood and debris and leave the pile as it is and seed it. He also noted that this is the only work that is proposed to be done on land owned by National Grid. Mr. Dick explained that they propose to use a wetland mix and he recommends mixing seed and distributing the combined mix over the entire planting area. He noted that woody shrub will be planted in the berm. He also noted that nothing will be done with the phragmites in the area. Michael Blier questioned the watering of the shrubs. Mr. Dick explained that they are • drought resistant and they will be fine. David Pabich stated that he would like some documentation that the floor drains are 1 • not draining into the parking area. Keith Glidden stated that there should be a no disturb zone. John Dick stated that there is a no disturb zone there. David Pabich suggested that adding a posting to the area is a good idea. Kevin Cornacchio stated that he would like time to review the information and suggested that the Commission continue the matter for one more meeting. Keith Glidden stated that he was comfortable with the plan. Michael Blier also added that the planting plan proposed is adequate. Kevin Cornacchio suggested that he would like to see the dumpster moved. Mr. Hagen of the Ward II Social Club stated that would be no problem. Kevin Cornacchio also asked where the snow storage is located. Mr. Hagen explained that the snow would be plowed against the berm. He also explained that the city plows to the end of Planters Street because it is the only place that they can plow. Keith Glidden requested that the discarded tires and the bicycle that are on the property be removed. 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 comment regarding this matter a motion was made by Joe Furnari to close the public hearing, seconded by Kevin Carr and approved (6-0). The Commission discussed special conditions for this project as follows: 1. Confirmation of the floor drains. If the floor drains are connected they should be abandoned and plugged. Floor drains should only be connected to the sewer. 2. Posting wetlands markers the entire length of the berm to delineate the wetland resource area. 3. Remove the bicycle, tires, and other debris from the resource area. 4. Relocate the dumpster towards the building and away from the proposed stormdrain structure. Frank Taormina noted that the Operation and Maintenance Plan (O&M Plan) will be enforced beyond the issuance of a Certificate of Compliance, or a condition in perpetuity, and will be the responsibility of the property owner of record. There being no further questions or comments a motion was made by Keith Glidden to issue an Order of Conditions with special conditions, seconded by Joe Furnari and approved (6-0) Public Hearing - Notice of Intent - Michael & Maureen Kapnis - Construction of a Proposed Single Family House Within a Buffer Zone to an Inland Bank at 12 Brook • Street Salem, MA. John Dick of Hancock Environmental addressed the Commission on behalf of Mr. and 2 • Mrs. Kapnis. He explained that the Commission held a site visit to the site on Saturday, January 20, 2006 and requested that they prepare a grading plan. He noted that the design of the drainage system for the area requires that this site be graded so as to direct the flow towards Brook Street. He also noted that an additional consideration is the present state of the bank of the brook opposite the proposed house. He noted that at present, an eroded face approximately one to three feet in height extends across the lot. He also noted that the brook's banks are armored with stone immediately up stream and are so low immediately downstream that there is no threat of erosion. Mr. Dick proposed that they install a hay bale barrier or other temporary erosion control measure along the water's edge on the far side of the brook and regarding that portion of the existing bank to a more manageable slope and plant shrubs to stabilize the new bank. Mr. Dick also noted that there is debris in the eroding bank and he has recommended to his client that he obtain the services of a licensed site professional regarding the possibility that some of the exposed materials may be asbestos shingles. Mr. Dick also suggested that the Norway maple trees in the bank should be removed. Michael Blier noted that the slope is steep. Mr. Dick explained the slope and explained the details of the contour. • Keith Glidden asked about the status of the Licensed Site Professional (LSP) and the potentially hazardous material located on the opposite site of the stream on the Kapnis's property. Mr. Dick explained that he has contacted an LSP but has not heard back from them. He also noted that the buried material extends past the Kapnis's property line. David Pabich noted that the contour of the area might have changed over the years, due to filling and mentioned that the partially exposed material in question could be anything, and seconds the notion of hiring an LSP to determine the type of material and potential remediation of the material. Mr. Kapnis addressed the Commission and stated that he wants to remove the material from the site. Frank Taormina noted that there is another decision from the Zoning Board of Appeals (ZBA) that requires mitigation planting on that side of the stream and that the commission should review and approve the planting plan. He also mentioned that the LSP should determine whether the areas is adequate for planting wetland vegetation or will the area need to be remediated of potential hazardous material/soils prior to planting. David Pabich stated that a copy of the report from the LSP should be sent to the Commission. • Michael Blier questioned the existing and proposed elevation on the plans. Mr. Dick stated that it is hard to tell what the elevation is, but it is not far from 98.3. 3 • He noted that staked hay bales will be used if necessary for erosion control lines. Frank Taormina requested that the hay bale line be added to the site plan. He also asked how roof runoff was being dealt with. Mr. Dick stated that the roof run off is designed to be trenched along the side of the house. Mr. Dick also agreed to revise the site plans to properly show the existing and proposed elevations on site and locate the erosion control line. Kevin Cornacchio asked what material they plan to use for the driveway. Mr. Dick stated that they have discussed driveway pavers or gravel. 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 run off and the water going to Brook Street. Mr. Dick noted that they will have roof drains and there will be no channeling of runoff. Fred Votta addressed the Commission and stated that he has met with the neighbors and apprised them of the project and expressed his support for the project. Mrs. Manero of 17 Wheatland Street addressed the Commission and expressed her concern about what they will find there when they remove the fill that is there. Mr. Kapnis stated that he would find out what is there and address it if necessary. Mrs. Manero also expressed concern about the house blocking her view. • There being no further comments or questions regarding this matter a motion was made by Joe Furnari to continue the public hearing to February 9, 2006, seconded by Keith Glidden and approved (6-0). Public Hearing - Abbreviated Notice of Resource Delineation- Leo Higgins - Purpose of Hearing is for a Determination of Wetland Boundary Line off Story Street John Dick addressed the Commission and explained that there are two systems of flags out there and explained the locations. He noted that there are two ways to see this site. One is from the parking area and the other is from the park. Mr. Dick noted that there is no wetland data sheet at this time noting that is will be easier for the Commission to tell him where to locate it. He noted that the flags on the plan are + or - 10 feet from where they should be. He recommended that the Commission continue the public hearing and hold a site visit. Mr. Dick noted that there is a stream noting that it is a trace that runs all the way down to the B&M Railroad. He noted that the stream is not perennial. Mr. Dick mentioned that at flag B-9 there is a natural spring, which appears to have fish in it. Kevin Cornacchio asked if the area was vernal pools on the property. Mr. Dick stated that he would not be surprised if there were any vernal pools in the area, but he has not seen one. • Kevin Cornacchio stated that he would like to visit the site when there is no snow on the ground. 4 • Kevin Cornacchio opened the hearing up for public comment at this time. Councillor At Large Joan Lovely addressed the Commission and noted that there is another parcel that has been built in the area and may not be on the map. She also noted that down below Story Street there is flow all year round. Frank Taormina noted that from Cleveland Street all the way to Story Street is considered a wetland. There being no further comments or questions regarding this matter a motion was made by Joe Furnari to continue the public hearing to February 9, 2006, seconded by Keith Glidden and approved (6-0). A site visit was tentatively scheduled for Saturday, February 4, 2006. The commission will meet at the park. Frank Taormina will contact the commission members to confirm that meeting next week, and mentioned that anyone from the public interested in the site visit can call him next week for confirmation. Old / New Business Update to City of Salem Open Space & Recreation Plan Frank Taormina informed the Commission that City Planner Lynn Goonin Duncan would be attending the February 9`h or February 23rd meeting to discuss updating the City's Open Space & Recreation Plan and the potential of using Conservation Commission funds to pay for the update. He mentioned that the commission would need to vote to approve the allocation and use of the funds. • Frank also suggested that there would probably be a subcommittee formed for the update of the Open Space & Recreation Plan and that a member of the Commission would be asked to sit on that subcommittee. Keith Glidden asked for a report on how much money is in the account and how much the update will cost? He questioned if other departments would be asked to contribute to this as well and suggested that he would like to see equitable distribution of the cost if possible. Frank Taormina stated that he would look into how much is in the Conservation Commission account and assured the commission that he would relay all the other questions and concerns to the City Planner. DEP #64-388-7 Brook Street wetland violations Frank Taormina reported that the Pelletier property on 7 Brooks Street is currently in violation of several conditions. He noted that the hay bale line is in disrepair needs to be replaced and the new storm drain is not being protected properly and sand/silt is running off the site and into the stormdrain. Kevin Cornacchio mentioned that he would like Frank to send illegal dumping flyers to the entire neighborhood because of the dumping of yard waste and other material into the brook. • Adjournment There being no further business to come before the Commission this evening a 5 motion was made by Kevin Carr to adjourn the meeting, seconded by Joe Furnari and approved. (6-0). The meeting was adjourned at 7:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CCO12606 • • 6 �0 CITY OF SALEM, MA v CITY OF SALEM CLERK'S OFFICE r CONSERVATION COMMISSION ' .200b FEB'-l A q: 2,1 , NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 9, 2006 at 6:00 pm at City Hall Annex, Room 313, 12.0 Washington Street. �� ' C�'aze,-4 Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes January 26, 2006 2. Old/New Business • 3. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP#64409—Leo H ggins,24 Eagan Place,Peabody,MA 01960—The purpose of this hearing is for a determination of a delineated wedand boundary line off of Story Street. 4. Continuation of Public Heating—Notice of Intent—DEP#64-407—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. 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. Public Hearing—Request for Determination ofApplicabifity---Gary Palardy&Daniel Spencer,85 Hull Street, Beverly, MA 01915—The purpose of this hearing is for a determination of whether a proposed addition to a multi-family dwelling at 4 Blaney Street is within and area subject to jurisdiction of the Wetlands Protection Act. 6 This notfc® potted on "Officlal BullO � 0oa City Hall Aver., Salem, P�9ass. on a�� 39 see, at 17 - 67917) til aCi:Of01cnSiO 1Pff1 23A �t 33B ®i 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM..COM '4 • Salem Conservation Commission Minutes of Meeting Thursday, February 9, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, February 9, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Keith Glidden, Kevin Carr David Pabich and Michael Slier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: None Approval of Minutes The minutes of the Salem Conservation Commission meeting held on January 26, 2005 were presented for approval. David Pabich moved approval of the minutes of January 26, 2006, seconded by Joe Furnari and approved (6-0). 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 Kevin Cornacchio read a letter from the Gulf of Maine Research Inc. requesting that • the matter be continued to February 23, 2006. Joe Furnari moved to continue the public hearing to February 9, 2006, seconded by David Pabich and approved (6-0). Public Hearing - Abbreviated Notice of Resource Delineation- Leo Higgins - Purpose of Hearing is for a Determination of Wetland Boundary Line off Story Street Frank Taormina addressed the Commission and noted that the Massachusetts Department of Environmental Protection (DEP) has flagged this project and held their own site visit earlier this week. Following the site visit, DEP forwarded a letter outlining their concerns with the wetland delineation. Frank then passed out copies of DEP's correspondence to the Commission members, the property owner, and his wetland scientist. John Dick, wetland scientist from Hancock Associates, noted that it is unusual for DEP to do that and that he would follow up with DEP. He requested that the Commission continue the public hearing to February 23, 2006. Frank Taormina explained the conversation he had with DEP and mentioned that the applicant should submit a revised scaled plan with topography that clearly identifies the wetland delineation and that it should be stamped by a professional Land Surveyor or Engineer. He also noted that DEP would send a formal letter to the Commission and the applicant regarding the departments concerns at the site. The Commission scheduled a site visit for Saturday, February 18, 2006 at 8:00 a.m. • David Pabich questioned whether the Commission should hold a site visit before the correct flags are placed. John Dick assured the Commission that he would have the area flagged for the site visit. He also noted that a plan stamped by a registered 1 J • engineer would be submitted to the Commission. There being no further questions or comments regarding this matter, a motion was made by Kevin Carr to continue the public hearing to February 23, 2006, seconded by Joe Furnari and approved (6-0). Public Hearing - Notice of Intent - Michael & Maureen Kapnis - Construction of a Proposed Single Family House Within a Buffer Zone to an Inland Bank at 12 Brook Street, Salem. MA. John Dick addressed the Commission and reported that Mr. Kapnis has contacted Bill Mitchell, Licensed Site Professional (LSP) from Clean Soils, and they spoke about the nature and the extent of the condition of the soils. He noted that they discussed the matter and he has not been hired officially as of yet. Mr. Dick explained the different types of asbestos as being friable and non-friable and noted that this appears to be non friable which is a good thing and if it has to be removed it will be done in accordance with the Massachusetts Contingency Plan (MCP). Mr. Dick stated that he feels that this is a conditional issue and if they meet all of the requirements for approval they would take a condition that all reports regarding the material on the site would be copied to the Commission and let the applicant abide by the law. • Mr. Dick noted that they have submitted revised plans and reviewed the changes to the plan. He noted that they are proposing to plant twelve (12) alders on eight feet centers in the eroded portion of the bank. Michael Blier stated that eight feet centers might not be enough. David Pabich stated that he sees no information that shows how the slope is current to the back lot line. Mr. Dick explained the slope and noted that the worst of the slope is in the location that Mr. Kapnis owns and noted the location on the plan. It was noted that an existing tree looks as though it was planted over fill and a root mass will hold it. David Pabich noted that hay bales could be a problem at the corner. Frank Taormina asked whether the hatched area on the map would be re-graded to restore the original configuration of the bank. He noted that if the LSP determines that that the material must be removed, than the applicant will need to bring in clean fill to achieve the grade on the plan. Mr. Dick stated that the area would not be graded and that the alders would be planted in a jute-mesh landscaping fabric, which will help the roots take and assist in stabilizing the bank. • Mr. Dick suggested that if the LSP determines that the soils be removed then, the applicant amend the order to discuss then process further. 2 • Mr. Kapnis stated that he would proceed with executing a contract with the LSP and start that process. Kevin Cornacchio asked Michael Blier if the planting plan was adequate. Mr. Blier stated that he feels that planting at 8-foot centers would be fine and noted that the planting should be done before the end of June. Kevin Cornacchio asked if there was any tidal influence on the area. Mr. Dick stated that there is none. Frank Taormina noted that the planting of trees to screen then neighbors view is a condition of a prior Zoning Board of Appeals (ZBA) decision and noted that after the commission had their site visit and seeing the erosion of the bank it makes sense to locate the trees there. He noted that the plantings would satisfy the ZBA condition and satisfy the commissions concerns with erosion of the bank. Mr. Kapnis noted that the condition from the ZBA was the result of the neighbors wanting screening so they wouldn't have to look at the house. Kevin Cornacchio opened the hearing up for public comment at this time. Mrs. Manero of 17 Wheatland Street stated that she does not want anything on the other side of her fence. Mr. Dick showed Mrs. Manero that nothing would be done on her property or in front of her property. • Fred Votta of Jefferson Avenue addressed the Commission and expressed his support for the project. Mr. Votta explained the flooding issue in the neighborhood and stated that this project should not exacerbate the situation. Mrs. Manero of 17 Wheatland Street addressed the Commission and noted that the water level was extremely high during the recent heavy rains. Mary Ritchie of 32 Lawrence Street addressed the Commission and expressed her concerns about flooding. Kevin Cornacchio informed those present that the applicant has met all of the performance standards associated with the affected wetland resource areas. David Pabich stated that he would like to see the plantings as far to the left as their property will allow to assist in stabilizing the bank. There being no further questions or comments regarding this matter a motion was made by Kevin Carr to close the public hearing, seconded by Joe Furnari and approved (6-0). Joe Furnari moved to issue an Order of Conditions with Special Conditions, seconded by Kevin Carr and approved (6-0). The Commission discussed special conditions for the project as follows: • 1. The applicant shall be responsible for hiring an LSP to investigate the material on the southern portion of the property, opposite the intermittent stream. Once the applicant has hired an LSP, his/her contact information and all 3 • correspondence shall be forwarded to the Commission. 2. No work in the planting area shall commence until the applicant provides written proof from the LSP that the area is safe to disturb. If the LSP determines that the area must be remediated, the applicant shall amend this Order of Conditions so that the Commission can review the Abatement Plan. 3. Jute-mesh filter fabric shall be used throughout the planting area to assist in stabilizing the bank. There being no further questions or comments regarding this matter a motion was made by David Pabich to approve the Order of Conditions and Special Conditions, seconded by Joe Furnari and approved (6-0) Public Hearing - Request for Determination of Applicability - 4 Blaney Street - Determination of Whether a Proposed Addition to a Multi Family Dwelling is within an area subject to jurisdiction of the Wetlands Protection Act Frank Taormina noted that the applicant is not in attendance however he explained that the ZBA is requiring the applicant to prove that it is not subject to the WPA or Chapter 91. Frank stated that the proposed work is not subject to the WPA because it is more than 200 ft away from the coastal bank and is not subject to Chapter 91 because it is not located on filled or flowed tideland. For that reason Frank recommended that the commission issue a Negative 1 Determination (proposed work is not subject to the WPA). 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 Keith Glidden to close the public hearing, seconded by Kevin Carr and approved (6-0). Keith Glidden moved to issue a Negative 1 Determination for 4 Blaney Street, seconded by Joe Furnari and approved (6-0). Old / New Business 12 Almeda Street Frank Taormina informed the Commission that the applicant for 12 Almeda Street lost the original Order of Conditions and has requested that the commission resign an original Order so that it can be recorded at the Registry of Deeds. Enforcement Order - Lionel Pelletier - 7 Brooks Street Frank Taormina informed the Commission that he issued an Enforcement Order to Lionel Pelletier, 7 Brook Street as the commission requested he do. Because Frank signed the Enforcement Order on the commissions' behalf he is requested that the commission ratify the Order as a mater or procedure as identified in the WPA. Joe Furnari moved to ratify the enforcement order for 7 Brook Street, seconded by • Keith Glidden and approved (6-0) Open Space Study 4 ,J • Frank Taormina informed the Commission that City Planner Lynn Duncan would try to attend the next meeting to discuss the possibility of allocating commission funds toward the update of the City of Salem Open Space & Recreation Plan. Frank provided the commission with a spreadsheet identifying the total amount of funds in the Conservation Commission account. Enforcement Order — Mark Tremblay — 7 Laurier Road Frank Taormina informed the Commission that Mr. Tremblay has until the end of February to submit his Planting and Replication Plan, or as the Enforcement Order states the commission will levy fine of $200 per day. Frank assured the commission that he would contact the applicant next week to remind him of this. Adjournment 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. (6-0). The meeting was adjourned at 7:45 p.m. Respectfully submitted by: • Eileen M. Sacco, Clerk Salem Conservation Commission CCO20906 • 5 Cl l , uF t / CITY OF SALEM CL�r�K S of"�E a CONSERVATION COMMISSION tanti �« P7— A 9: 39 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 23, 2006 at 6:00 pm at City Hall Annex, Room 313, 120� Wa shington Street. UAJGG` Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—February 9, 2006 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 site work within the buffer • zones to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road. 3. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-409— Leo Higgins, 24 Eagan Place, Peabody, MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street. 4. Public Hearing—Notice of Intent—DEP #64-411—Robert Heiskell, 9 Harbor View Terrace, Salem, MA 01970—The purpose of this hearing is to discuss the proposed addition to a single-family dwelling within a buffer zone to a Coastal Bank at 9 Harbor View Terrace. 5. Public Hearing—Notice of Intent—DEP#64-410-96 Swampscott Rd,LLC,5 Com Point Road,Marblehead MA 01945. The purpose of this hearing is to discuss limited site improvements and the expansion of parking lot within a Riverfront Area and a buffer zone to Bordering Vegetated Wetland at 96 Swampscott Road. 6. Old/New Business 'fhls notlee po✓*t®don "OVICall 13u11911,fl 13oe�rd 6 Ci?y Hall Ave., t �y, ss. ,n q t .. i;;at 'izz >; ysstv�y 23A & 235 4.1 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, February 23, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, February 23, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Keith Glidden, David Pabich and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: Kevin Carr Approval of Minutes The minutes of the Salem Conservation Commission meeting held on February 9, 2006 were presented for approval. Joe Furnari moved approval of the minutes of February 9, 2006 as presented, seconded by David Pabich 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 Kevin Cornacchio read a letter from Gulf of Maine Research Inc. requesting that the matter be continued to March 9, 2006. Joe Furnari moved to continue the public hearing to March 9, 2006, seconded by David Pabich and approved (5-0). Public Hearing - Abbreviated Notice of Resource Delineation- Leo Higgins - Purpose of Hearing is for a Determination of Wetland Boundary Line off Story Street Kevin Cornacchio read a letter from John Dick of Hancock Environmental requesting that the matter be continued to March 9, 2006. Joe Furnari moved to continue the public hearing to March 9, 2006, seconded by Keith Glidden and approved (5-0). Old / New Business 7 Laurier Road - Mark Tremblay Frank Taormina updated the Commission on the status of 7 Laurier Road, property owned by Mark Tremblay. He explained that he received correspondence from Mr. Tremblay regarding replication. He also noted that he talked with Mr. Tremblay who indicated that he understood what is expected of him. Frank Taormina reported that Mr. Tremblay indicated that he has hired a wetlands • specialist and will be submitting a plan to be considered by the Commission in the near future. He also noted that Mr. Tremblay knows that he has to file an NOI with the Commission for the walkway and deck that was constructed without approval. 1 • He also noted that they will be dealing with the enforcement order first and Frank feels that they have made a good faith effort to cooperate with the Commission so fa r. North Side Carting Kevin Cornacchio requested that a letter be sent to North Side Carting reminding them about the dumpsters stored near the resource area. He stated that he is concerned about material leeching from the dumpster into the resource area. Frank Taormina stated that he would address that with them. Public Hearing - Notice of Intent - DEP #64-410 - 96 Swampscott Road - Swampscott Road LLC - Limited Site Improvements and the Expansion of Parking Lot Within a Riverfront Area and a Buffer Zone to a Bordering Vegetated Wetland Susan St. Pierre addressed the Commission and explained that they are very excited about this project that is a reuse and improvement of a vacant industrial property. She noted that the reuse of the building would accommodate several small businesses and provide jobs. Ms. St. Pierre explained that their plan will result in significant site improvements and explained the plans. She noted that the building was constructed in the 1980's and has been vacant for a couple of years. She explained that they plan to upgrade • the internal roadway and parking area on the site. She noted that there is no room for expansion on the site. Ms. St. Pierre explained the plans and noted that there are two streams on the site one along the bottom of the slope along Swampscott Road and one along the southerly boundary. She noted that the resource area delineation is on the plan and noted that the project activity is not subject to the jurisdiction of the Commission except for a small corner as noted on the plans. Ms. St. Pierre explained the site improvements and noted that the storm drain line will be plugged and they will be rerouting the storm drainage to a direct infiltration basin and discharge it to the resource area. She noted that they had hoped to get an Order of Conditions tonight but she understands that the Commission may want to visit the site. Keith Glidden asked how the resource delineation was done. Ms. St. Pierre stated that it was done based on wetland species. Frank Taormina noted that the majority of the work proposed is outside of the jurisdiction of the Conservation Commission and approximately 12,000 s.f. is within the jurisdiction of the Commission. David Pabich noted that he is concerned about the site design with limited parking noting that they are introducing a lot of cars and there are regular basins on the site. Ms. St. Pierre and Mr. Scott Patrowicz explained the drainage plan. • Kevin Cornacchio noted that snow storage should be in an area on the site of an area where the runoff will be treated. Ms. St. Pierre stated that they will make sure that 2 • the snow storage areas are away from the wetland. Ms. St. Pierre stated that this would be a much nicer and healthier area when they are done. Ms. St. Pierre noted that they are planting 12 birch trees. Michael Blier noted that what they are proposing to plant are extremely tolerant trees. Kevin Cornacchio suggested that the Commission hold a site visit. The members of the Commission will visit the site individually. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to speak 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 March 9, 2006, seconded by David Pabich and approved (5-0). David Pabich left the meeting at this time (6:25 p.m.). Public Hearing - Notice of Intent DEP #64-411 - 9 Harbor View Terrace - Robert Heiskell - Proposed Addition to a Single Family House within a Buffer Zone to a Coastal Bank • Mr. Heiskell addressed the Commission and explained the plans for the proposed addition to his house located at 9 Harbor View Terrace. He explained that this work is proposed in connection with the renovations to his kitchen and he plans to bump the front wall out three feet and it is located within the 100-foot buffer zone. He noted that the waterside of the property is on the other side of the house. Kevin Cornacchio asked if he is planning a basement for the addition. Mr. Heiskell explained that they would have a crawl space in the addition. He also noted that they would tie in the gutters to the new addition. Kevin Cornacchio stated that it seems like a straightforward plan and suggested a site visit. Kevin Cornacchio opened the hearing up for public comment at this time. Stanley Bakritis and abutter addressed the Commission and asked for clarification of the plan. Mr. Heiskell explained the site and the location of the proposed addition to Mr. Bakritis. There being no further questions or comments regarding this matter, a motion was made by Joe Furnari to continue the public hearing to March 9, 2006, seconded by Keith Glidden and approved (4-0). Old / New Business Continued: • Frank Taormina announced that he has a new position in the Planning Department as the new Harbor Planner and will be leaving the Commission. He explained that he 3 • would remain staffing the Commission for the interim until the City hires a new Conservation Agent. Once a new agent is hired, Frank will assist in the transition as well. Open Space Plan Funding Frank Taormina informed the Commission that City Planner Lynn Duncan would attend a Conservation Commission meeting to talk about updating the Salem Open Space & Recreation Plan when her schedule allows. 15 Robinson Road It was noted that there is additional dumping occurring at 15 Robinson Road. Frank Taormina explained that he, the Building Inspector Tom St. Pierre, and DEP have received numerous phone calls regarding trucks dumping fill up on the property. Frank mentioned that DEP had issued Mr. Hutchinson a Consent Order w/fines regarding his solid waste management on site and that he is responsible for compiling with the Consent Order. He noted that Mr. Hutchinson is permitted for an auto salvage yard and all the activity on site is not a permitted use. He mentioned that the only activity on site should be Mr. Hutchinson bring his property into compliance with DEP's Consent Order. Following the investigation by Frank, Mr. St. Pierre, and DEP it was determined that there were no wetland violations, no solid waste violations, only zoning violations. He mentioned that Mr. St. Pierre issued a • Cease and Desist Order and that the Building Inspector is dealing with this issue now. Parallel Street Cara Coddens of Parallel Street addressed the Commission and complained that she is concerned about her neighbor clearing portions of his property. She noted that he his cutting trees. Frank Taormina stated that he has sent the owner letters telling him to stop this action. Ms. Coddens stated that the property is for sale and she is concerned that the new owners will not realize that this is illegal. Frank Taormina will follow up on this and invite the owner to the next meeting on March 9, 2006 to discuss this matter and explain the process to him. Adjournment There being no further business to come before the Commission this evening a motion was made by Keith Glidden to adjourn the meeting, seconded by Joe Furnari and approved. (4-0). • The meeting was adjourned at 7:15 p.m. 4 • Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CCO22306 • • 5 CIT': Or SALEM, MA CITY OF SALEM CLERK'S OFFICE ` CONSERVATION COMMISSION 100b MAR -b A 8: 55 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, March 9, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Keviin P fiaKoi7a'46 Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—February 23, 2006 2. Old/New Business—Discussion regarding potential wetlands violations at 21 Parallel Street. • 3. Continuation of Public Hearing—Notice of Intent—DEP#64-411—Robert Heiskell,9 Harbor View Terrace, Salem, MA 01970—The purpose of this hearing is to discuss the proposed addition to a single-family dwelling within a buffer zone to a Coastal Bank at 9 Harbor View Terrace. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-410-96 Swampscott Rd,LLC,5 Corn Point Road, Marblehead MA 01945. The purpose of this hearing is to discuss limited site improvements and the expansion of parking lot within a Riverfront Area and a buffer zone to Bordering Vegetated Wetland at 96 Swampscott Road. 5. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-409— Leo Higgins, 24 Eagan Place, Peabody, MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story 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 site work within the buffer zones to an Inland Bank and Bordering Vegetated Weiland at 120 Swampscott Road. Thi notice posted on "Official Blrlletin Boanm° 0" Hall Ave., Salem, Mass. on -1,4 . at ' P,515 A in acc©rdanw with Chap. 39 9000 23A & 2313 0 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM r• • Salem Conservation Commission Minutes of Meeting Thursday, March 9, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, March 9, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Corriacchio, Keith Glidden, David Pabich, Kevin Carr and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: Joe Furnari Approval of Minutes The minutes of the Salem Conservation Commission meeting held on February 23, 2006 were presented for approval. Joe Furnari moved approval of the minutes of February 23, 2006 as presented, seconded by David Pabich 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 Kevin Cornacchio read a letter from Gulf of Maine Research Inc. requesting that the • matter be continued to March 23, 2006. David Pabich moved to continue the public hearing to March 9, 2006, seconded by Kevin Carr and approved (5-0). Public Hearing - Abbreviated Notice of Resource Delineation- Leo Higgins - Purpose of Hearing is for a Determination of Wetland Boundary Line off Story Street Kevin Cornacchio read a letter from John Dick of Hancock Environmental requesting that the matter be continued to March 23, 2006. Kevin Carr moved to continue the public hearing to March 9, 2006, seconded by Keith Glidden and approved (5-0). Old / New Business Discussion with Owner of 21 Parallel Street The Commission held a discussion with Mr. Warford the owner of 21 Parallel Street regarding complaints that he has been clearing the land on his property without the approval of the Commission. Frank Taormina explained that he sent two violation letters to Mr. Warford last year when it was reported that there was a bobcat on the site and clearing and grubbing was taking place on the property, and now there is another complaint of more recent activity taking place on the site. He referred to the Order of Conditions issued in 1997, which states that minimal or no activity shall take place in the buffer zone. He noted that he included a copy of the deed and the Order of Conditions in the letters that were sent. • Kevin Cornacchio questioned Mr. Warford on whether he got the information when he purchased his house. 1 • Mr. Warford stated that he was storing logs on his property that he got some place else. Kevin Cornacchio noted that it looks like trees were cut down on the property. Frank Taormina noted that the pictures show that activity in that took place last year. Mr. Warford stated that there was illegal dumping on his property. He also stated that he has not touched anything outside of the hay bales on the property. Kevin Cornacchio asked Mr. Warford what his intent is with regards to the site. Mr. Warford stated that he has no intent. Kevin Cornacchio informed Mr. Warford that he approval from the Conservation Commission before he does any work on the site. Mr. Warford stated that he was told to stop working on the site and he did. He stated that he called Frank Taormina who told him to come in with a plan. Kevin Cornacchio stated that Mr. Warford needs to file a Notice of Intent with the Commission. Frank Taormina suggested that the Commission issue an Enforcement Order. Kevin Cornacchio agreed and suggested that the Commission visit the site. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to issue an Enforcement Order for 21 Parallel Street, and continue the matter to the next meeting, seconded by Kevin Carr and approved (5-0) • Public Hearing - Notice of Intent - DEP #64-410 - 96 Swampscott Road - Swampscott Road LLC - Limited Site Improvements and the Expansion of Parkino Lot Within a Riverfront Area and a Buffer Zone to a Bordering Vegetated Wetland Scott Patrowicz addressed the Commission and noted that the Commission visited the site and asked if the Commission has any questions. Keith Glidden asked if the slope was going to be cleaned. Mr. Petrowicz stated that they need the Order of Conditions before they can get in there and clean it out. Michael Blier noted that the project is pretty straightforward and he had no concerns. 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 comment regarding this matter a motion was made by Keith Glidden to close the public hearing, seconded by Michael Blier and approved (4-0-1), with Kevin Carr abstaining. David Pabich moved to issue a standard order of conditions, seconded by Michael Blier and approved (4-0-1) Public Hearing - Notice of Intent DEP #64-411 - 9 Harborview Terrace - Robert Heiskell - Proposed Addition to a Single Family House within a Buffer Zone toa • Coastal Bank Frank Taormina explained that the Commission couldn't take action on this matter 2 • this evening because there are not enough members present who participated in the public hearing at the last meeting. He suggested that due to scheduling conflicts the Commission could hold a special meeting for the purpose of approving this matter so that applicant won't have to wait until April for approval. There being no further questions or comments regarding this matter, a motion was made by Keith Glidden to continue the public hearing to March 23, 2006, seconded by Michael Blier and approved (5-0). Old / New Business Continued: Transfer Station Kevin Cornacchio explained that he and Frank Taormina met with Robbie George and Bruce Thibodeau regarding the transfer station. He showed members the plans that are in process for the transfer station and the improvements that they are planning for the site. Adjournment There being no further business to come before the Commission this evening a motion was made by Keith Glidden to adjourn the meeting, seconded by Kevin Carr and approved. 5-0). The meeting was adjourned at 6:45 p.m. • Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC030906 • 3 .co CITY OF SALES. MA �v CITY OF SALEM CLERK'S OrFICE CONSERVATION COMMISSSAI(�NN 1�Ub�1AR I P 1: 39 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, March 23, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—March 9,2006 2. Request to Extend an Order of Conditions—DEP#64-349—Lino and Joanne Melo,20 Parlee Street,Salem, MA—request a three year extension to finish a retaining wall and associated grading at 20 Parlee Street. • 3. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-409—Leo Higgins,24 Eagan Place,Peabody,MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story 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. Public Hearing—Notice of Intent—Massachusetts Electric Company(dba National Grid),170 Medford Street, Malden,MA 02148—The purpose of this hearing is to discuss the installation of above ground switchgear and duct bank to replace oil-filled transformers located within existing manholes. The work is being performed within a Riverfront Area and buffer zone to a Coastal Bank at 89 Lafayette Street. 6. Old/New Business This notice posted on "Offitcial Bulletin Baertr City Hall Ave., SrAem, Mass. on 'ANReH al �°°6 at 1!39 PO in zaocordanco with Gt1ap. 39 Imo. 23A A 23B ®0 141I.Gt.L. 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, March 23, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, March 29, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joe Furnari, Kevin Carr, David Pabich, and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: Keith Glidden Approval of Minutes The minutes of the Salem Conservation Commission meeting held on March 9, 2006 were presented for approval. Kevin Carr moved to approve the minutes as submitted, seconded by Joe Furnari and approved. Request to Extend Order of Conditions - DEP File # 64-349 - Lino and Joanne Melo - 20 Parlee Street. Salem. Mr. Melo addressed the Commission and requested a three year extension for his Order of Conditions. He explained the work that remains to be done on the site and noted that he needs to finish the work in the yard so that he can complete the wall. • There being no further questions or comments regarding this matter a motion was made by Joe Furnari to grant a three year extension to the Order of Conditions for DEP File #64-349, seconded by David Pabich and approved. Public Hearing - Abbreviated Notice of Resource Delineation- Leo Higgins - Purpose of Hearing is for a Determination of Wetland Boundary Line off Story Street Kevin Cornacchio read a letter from John Dick of Hancock Environmental requesting that the matter be continued to April 13, 2006. Kevin Carr moved to continue the public hearing to April 13, 2006, seconded by David Pabich 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 Kevin Cornacchio read a letter from Gulf of Maine Research Inc. requesting that the matter be continued to April 13, 2006. David Pabich suggested that the Commission continue the public hearing to a later date than requested since the applicant has been continually requesting continuations at every meeting and if they are ready to come back sooner they could. Kevin Carr moved to continue the public hearing to May 11, 2006, seconded by Joe Furnari. Mr. Carr amended his motion to continue the public hearing to May 11, 2006, seconded by Joe Furnari and approved. • 1 David Pabich moved to continue the public hearing to May 11, 2006, seconded by • Joe Furnari and approved (5-0). Public Hearing - Notice of Intent - Massachusetts Electric Company (dba National Grid) - Installation of Above Ground Switch Gear and Duct Bank at 89 Lafayette Street Joe Callahan addressed the Commission and explained that they are requesting to install above ground switchgear and duct bank to replace oil filled transformers located with existing manholes. He noted that the work is being performed within a river front area and buffer zone to a coastal bank at 89 Lafayette Street. He explained the project and noted that they have a chapter 91 license and DEP had indicated that they will grant an amendment of that and it is the only other permit that is required for the project. Mr. Callahan explained the plans and noted that all of the work is within the 200 MHW of the South River and the duct bank is within the 100 foot of buffer zone of the coastal bank. He noted that there would be no stockpiling on material on the site. Kevin Cornacchio asked if they would be removing the oil equipment on the site. Mr. Callahan stated that they would be removing the equipment that is currently in the manholes. He also noted that the equipment would be sent for recycling. Kevin Cornacchio suggested that the install a geo-grid for the safety of the fire trucks • that may have to access the site. David Pabich suggested that they install bollards on the site. Mr. Callahan stated that there is a curb there that will prevent cars from getting to the edge. Kevin Cornacchio noted that we are waiting for a DEP File # and cannot issue an order of conditions until we receive it. Mr. Callahan stated that he expects to get the DEP file number sometime next week. David Pabich suggested that since the Commission has to wait to issue the order a site visit would be in order even though it seems like a straightforward project. The Commission members will visit the site at their convenience. Frank Taormina noted that the City has been working with National Grid on the Harborwalk in that area and asked if they were aware of that and if this project will compromise the planned walkway. Mr. Callahan noted that National Grid is aware of the harborwalk and this will not compromise the planned walkway at all. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to April 13, 2006, seconded by Kevin Carr and approved (5-0). • 2 Old/New Business Continued: • Hutchinson Property Mr. Mongello addressed the Commission and expressed concern that Mr. Hutchinson is doing work on his property that is not legal. Frank Taormina explained to Mr. Mongello that he has contact DEP and it is in their hands now as Mr. Hutchinson has been doing the work since his variances were appealed. Frank Taormina explained that Mr. Hutchinson has a contract with the contractor for the Swampscott High School project and he is accepting material from the project and he is not permitted to do that. He noted that it is a zoning use issue and the Building Inspector and the City Solicitor are involved in this as well. He explained that the Building Inspector issued an Enforcement Order and Mr. Hutchinson continues to do this in violation of this order. He noted that the location is in an upland area away from the resource area but it is a zoning issue and it needs to be addressed. He further noted that the only work that should be done on the site is the work that was authorized by DEP for the solid waste management. He also noted that Mr. Hutchinson needs to submit a revised management plan for the site to DEP since the one he submitted was inadequate. He noted that the wetlands need to be protected and there should be hay bales and a silt fence installed along the stream that runs along Robinson Road. David Pabich stated that he is concerned about the stockpiled material migrating to the resource area and it needs to be protected. He suggested that Frank go out to the site and see what is going on and if hay bales are not installed tell them to install • them or fines will be issued. Frank Taormina will address this and keep the Commission and the abutters informed. 31 Ravenna Avenue - Mrs. Pelletier Frank Taormina informed the Commission that they need to ratify the Enforcement Order that was issued for 31 Ravenna Avenue. Joe Furnari moved to ratify the enforcement order issued to 31 Ravenna Avenue, seconded by David Pabich. Kevin Cornacchio called a roll call vote as follows: Mr. Furnari yes Mr. Pabich yes Mr. Carr yes Mr. Blier yes Mr. Cornacchio yes The motion carried (5-0). Mrs. Pelletier addressed the Commission and explained that she cut down a large tree that was interfering with her pool and since she rented a saw for the day she cut down some other trees as well. She explained that she stopped the work when her neighbors complained and called the Planning Department on Monday morning and talked to Frank. Frank Taormina and Kevin Cornacchio visited the site and took pictures, which they showed to the Commission members. • Frank Taormina noted that there are several options to address this matter but suggested that the Commission visit the site before making a decision. 3 . The Commission will visit the site on Thursday, March 30, 2006 at 5:30 p.m. Adiournment 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. 5-0). The meeting was adjourned at 7:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC032306 • • 4 OF sLEMI �v 4. CITY OF SALEM CITY CL RK SAOFFICEA 1 CONSERVATION COMMISSION mh MAR-91-P 3: 30 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold a special meeting on Wednesday, March 29, 2006 at 6:00 pm at City Hall Annex, Room 313, 1.20 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Agenda: 1. Continuation of Public Hearing—Notice of Intent—DEP#64-411—Robert Heiskell,9 Harbor View Terrace, Salem, Mil 01970—The purpose of this hearing is to discuss the proposed addition to a single-family dwelling • within a buffer zone to a Coastal Bank at 9 Harbor View Terrace. This. notice posted on "Official Bulletin Boant r City Hall Ava., Salem, Mass. on '-ben. a-j, aoo 6 it J:3 a Pitt. IB accorda= with Chap. 39 23A & 238 dt A.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM f Salem Conservation Commission • Minutes of Meeting Thursday, March 29, 2006 A special meeting of the Salem Conservation Commission was held on Thursday, March 29, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street, for the purpose of issuing a decision for 9 Harborview Terrace, Salem, MA. Those present were: Kevin Cornacchio, Joe Furnari, Keith Glidden and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: Kevin Carr and David Pabich Continuation of Public Hearing - Notice of Intent DEP #64-411 - 9 Harborview Terrace - Robert Heiskell - Proposed Addition to a Single Family House within a Buffer Zone toa Coastal Bank Frank Taormina explained that the applicant is requesting to remodel his kitchen and bump out a wall on the landside of his property, which is located in the buffer zone to a Coastal Bank. Kevin Cornacchio stated that it is a straightforward project and suggested standard conditions for the project. There being no further questions or comments regarding this matter a motion was • made by Keith Glidden to issue an Order of Conditions for 9 Harborview Terrace, seconded by Michael Blier and approved. Adiournment 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. 4-0). The meeting was adjourned at 6:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC032906 • 1 0 �v CITY OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING 9 Ncn o� You are hereby notified that the Salem Conservation Commission will hold its regularly schedule?tneeting ort 3 Thursday,April 13, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. -, 0't -3� t,:• r .•cSt Kevin P. Cornacchio, T Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—March 23, 2006 and Special Meeting Minutes—March 29, 2006 2. Continuation of Public Hearing—Notice of Intent—DEP#64-412—Massachusetts Electric Company(dba National Grid),170 Medford Street,Malden,MA 02148—The purpose of this hearing is to discuss the installation of above ground switchgear and duct bank to replace oil-filled transformers located within existing manholes. The work is being performed within a Riverfront Area and buffer zone to a Coastal Bank at 89 Lafayette Street. • 3. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-409—Leo Higgins,24 Eagan Place,Peabody,MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street. 4. Public Hearing—Request for Determination of Applicability—Dominion Energy Salem Harbor Station,24 Fort Avenue,Salem,MA. The purpose of this hearing is for a determination of whether the backfilling of four(4) manmade former wastewater treatment basins and removal of associated equipment at 24 Fort Avenue is subject to the Wetlands Protection Act and/or subject to the Salem Wetlands Protection Ordinance. 5. Public Hearing—Notice of Intent John Warford,21 Parallel Street,Salem,MA.The purpose of this hearing is to discuss the after-the-fact clearing of buffer zone vegetation and minor disturbance of B37W at 21 Parallel Street. 6. Public Hearing—Request to Amend an Order of Conditions—DEP#64-396—Massachusetts Electric Co (dba National Grid),25 Research Drive,Westborough,MA 01582. The purpose of this hearing is to discuss the proposed amendments to a previously approved Order of Conditions(DEP#64-396),which includes the increase capping of a Coastal Beach and the dredging of 9,800 cubic yards of contaminated sediment from Collins Cove beside the Coastal Beach at 20 Pierce Avenue. 7. Old/New Business—Michael & Michelle Pelletier, 31 Ravenna Avenue—follow up discussion to wetland violation site visit. —Massachusetts Electric Cc (dba National Grid)—DEP #64-368—inquiry regarding filing of new Notice of Intent or request for Certificate of Compliance. Nlassachusetts Electric Co. (dba National Grid)—request for clarification to previously rendered Certificate of Compliance For DEP #64-251 • This notice po>,t®d on Officlmt 13u'110tf��gQ05 Hall AV4 Salem, Mass. On Ca1fN it wordta= warn Chan, 39 120 WASHINGTON STREET, SALEM,eygPiAC&U,2"0i)i7C3-tt 978.745.9595 FAx: 978.740.0404 W\VW.SALEM.COM 666 JJJ .; . .. . I1 • Salem Conservation Commission Minutes of Meeting Thursday, April 13, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, April 13, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Kevin Carr, David Pabich, and Keith Glidden. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: Joe Furnari and Michael Blier Approval of Minutes The minutes of the Salem Conservation Commission meeting held on March 23, 2006 were presented for approval. David Pabich moved to table the approval of the minutes of March 23, 2006 for lack of a quorum, seconded by Kevin Carr and approved. The minutes of the Salem Conservation Commission meeting held on March 29, 2006 were presented for approval. David Pabich moved to table the approval of the minutes of March 29, 2006 for lack of a quorum, seconded by Kevin Carr and approved. • Public Hearing - Abbreviated Notice of Resource Delineation- Leo Higgins - Purpose of Hearing is for a Determination of Wetland Boundary Line off Story Street John Dick addressed the Commission and explained the history of the plan. He noted that two months ago when the hearing was opened the question was if the plan in adequate for the purpose of the work. He further explained that they surveyed the site per DEP and he explained the plan noting the flags that were placed on the site. He noted that the toe of the slope describes the edge of the wetland. Mr. Dick also noted that the revised plans were mailed to DEP today and were stamped by Wayne Jalbert. Mr. Dick noted that comments made by DEP have not been addressed yet, but they intend to respond to them in the near future. He also suggested that the Commission visit the site. Frank Taormina noted that he has the comments from DEP and the Commission can review them when they visit the site. He suggested that the Commission could cross reference them and make their own observations. Kevin Cornacchio opened the hearing up for public comment at this time. Councillor at Large Joan Lovely addressed the Commission and stated that she feels that the described intermittent stream is a stream and described the route she • believes it takes. Page 1 of 6 cl • Kevin Cornacchio suggested that the Commission visit the site on a weeknight and suggested Tuesday, April 19,2006. The Commission will meet at Castle Hill Park at 6:00 p.m. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the public hearing to April 27, 2006, seconded by Kevin Carr and approved (4-0). Eileen Sacco informed the Commission that she spoke with Mr. Blier and he is on his way back from Lowell, MA., and is not expected to attend the meeting. Public Hearing - Notice of Intent - Massachusetts Electric Comoany (dba National Grid) - Installation of Above Ground Switch Gear and Duct Bank at 89 Lafayette Street Kevin Carr explained to the applicant that the Commission does not have quorum of members present this evening to vote on this matter and therefore the Commission will have to continue the public hearing to April 27,2006. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Kevin Carr and approved (4-0). • Public Hearing - Request for Determination of Applicability - Dominion Energy Salem Harbor Station - 24 Fort Avenue. Salem MA - Backfilling of Four Manmade Former Waste Water Treatment Basins and Removal of Associated Equipment Kevin Cornacchio noted that he has to recuse himself from discussion of this matter and therefore there is not a quorum of members present to open this public hearing. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Kevin Carr and approved (4-0). Public Hearing - Notice of Intent - John Warford - 21 Parallel Street Salem MA Discuss After the Fact Clearing of Buffer Zone Vegetation and Minor Disturbance of BV W Kevin Cornacchio read the legal notice for the public hearing that was published in the Salem News. Frank Taormina updated the Commission on the history of the property and noted that an Enforcement Order was issued to the applicant to cease and desist all work until he gets approval from the Commission. He stated that the applicant has submitted a plan and estimated the areas of disturbance noting that the Commission can look at that during a site visit. • Kevin Cornacchio asked the applicant if he has done any more work since the enforcement order was issued. Mr. Warford stated that he has not done any more Page 2 of 6 �l • work on the site. Kevin Cornacchio stated that he noted trash blocks on the property. Mr. Warford stated that he thinks that is City owned property and people have been dumping on that site. David Pabich asked to review the original Order of Conditions. The Commission reviewed the original Order of Conditions. Frank Taormina explained that the mitigation work proposed is to loam and seed the area. Mr. Warford noted that there is a lot of new growth there right now. Kevin Cornacchio opened the hearing up for public comment at this time. Kara Coddens of 24 Parallel Street addressed the Commission and stated that she would have asked that the work not be done if she had been asked beforehand. David Pabich invited Ms. Coddens up to review the plan and went over it with her. Kevin Cornacchio also invited her to the site visit that the Commission will schedule. The Commission will visit the site on March 20, 2006 at 6:00 p.m. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Keith Glidden and approved (4-0). Public Hearing - Request to Amend Order of Conditions DEP File #64-396 - Massachusetts Electric Company (dba National Grid) - Discuss the Proposed • Amendments to a Previously Approved Order of Conditions - 20 Pierce Avenue Salem. MA. Ken Lento addressed the Commission and reviewed the history of the work that has been done on this site. Mr. Lento explained that they are requesting to amend a previously approved Order of Conditions to decrease the capping of a coastal beach and the dredging of 9,800 cubic yards of contaminated sediment from Collins Cove beside the coastal beach at 20 Pierce Avenue. Mr. Lento also noted that they are looking for direction on how to proceed with DEP file #64-368 and DEP File #64-251 to close them out. He explained that the work has been done and reviewed the work with the Commission. He noted that for DEP file #64-251 the work has been completed and explained the work that was done. He noted that there was an area that they determined did not need to be capped because the levels of contaminants were not high enough, but they capped it anyway because of the proximity to the resource area. Mr. Lento also noted that they installed an additional manhole. For DEP File #64-368 Mr. Lento noted that they found some soil that they could not use as backfill and they capped that as well. Mr. Lento referred to DEP File #64-396 and explained that they are proposing to reduce the size of the cap and the dredging and manage the dredge material on the landside of the site. He explained that they have received the permits to cap the beach side and it was originally 81,000 s.f. and they are proposing to reduce that to • 47,500 s.f. He reviewed the resource areas on the plan and identified the areas of work. He also reviewed the process that they will do to complete the work. He also Page 3 of 6 noted that the impacts during construction would be temporary. He noted the green • area on the plan where they will move material to be stored and dewatered. He also reviewed the plans and the process for dewatering. He also noted that some material may not need to manage in the green area and the water will be containerized and removed from the site. Mr. Lento noted that the areas on the plan in blue and green are areas that are either going to be restored or covered by the beach cap. He also identified the land subject to coastal storm flowage on the plan and explained the activity that will be in that area. Frank Taormina asked if they have prepared a planting plan for the site. He also recommended that the Commission visit the site. He informed the Commission that this site is a high security area and they will have to visit the site as a group. Kevin Cornacchio asked how long they expect the project to take. Mr. Lento stated that the dredging will take about 8-10 weeks and the whole project about 6 months depending on the tide. David Pabich stated that he is concerned about turbidity and suggested that they should install hay bales and a silt fence and if turbidity is an issue that will catch it. Mr. Lento explained that the contractor would work in small sections and backfill as they go but that will be up to the contractor. David Pabich stated that this would be his preference. Kevin Cornacchio asked if they would be monitoring for shellfish. Mr. Lento stated • that an Ecological Risk Assessment was done and explained the findings. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the project. The Commission scheduled a site visit for April 27, 2006 at 4:30 p.m. The Commission will meet on the Pierce Avenue side of the site. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Keith Glidden and approved (4-0). Old/New Business Request for Certificate of Compliance - DEP File #64-368 - Massachusetts Electric. Frank Taormina explained the request to the Commission. David Pabich moved to issue a Certificate of Compliance for DEP File #64-368, seconded by Kevin Carr and approved (4-0) Request for Clarification to previously issued Certificate of Compliance for DEP File #64-251 Frank Taormina informed the Commission that there are not enough members • present who voted on the original matter and it will have to be tabled until April 27, 2006. Page 4 of 6 9' • There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to April 27, 2006, seconded by Keith Glidden and approved (4-0). 31 Ravenna Avenue - Mrs. Anne Pelletier Frank Taormina explained that Mrs. Pelletier is present this evening for a follow up discussion on the status of her property. He showed the Commission photos of the site and asked how the Commission wants to proceed. Kevin Carr noted that he went to the site and noted that if Mrs. Pelletier wants to cut more up there she should file a Notice of Intent. Mrs. Pelletier stated that she would like to clear some trees and brush and chip the brush. She also stated that she would like to try and grade the slope. Frank Taormina stated that it would be tough to stabilize the slope with chips. David Pabich stated that she should file a Notice of Intent since significant work will be done on the site and he considers it a radical alteration. He noted that the Commission should deal with what has been done after the fact and deal with what has already been done. Mrs. Pelletier explained he intent and noted that since 1989 she has periodically cut the brush back. • Kevin Cornacchio explained to Mrs. Pelletier that she should present to the Commission what she wants to do. David Pabich suggested that she obtain the services of a wetlands scientist to prepare a plan for this. Frank Taormina stated that he would give Mrs. Pelletier some information on that. Kevin Cornacchio suggested that Mrs. Pelletier keep the Commission informed to avoid fines and penalties. Frank Taormina will send a follow-up letter for the Enforcement Order, indicating that the property owner must file a Notice of Intent within 60-day receipt of the letter. Winter Island Road Frank Taormina informed the Commission that Dick Rennard has approved the planting plan for Winter Island Road and explained that they are proposing to plant two red maple trees and two honey locusts. He noted that areas on the plan. He also noted an area on the plan where he has suggested that boulders be placed to keep vehicles from entering the public access area and noted that the Karam's have agreed to be stewards of the area and maintain it. Kevin Cornacchio suggested that a sign or a plaque be placed on the site that would identify it for public access and remove any further ambiguity. 2 Cedarview Street • Frank Taormina informed the Commission that 2 Cedarview Street would be filing a Page 5 of 6 • Notice of Intent for violation on site. Adjournment 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 Kevin Carr and approved (4-0). The meeting was adjourned at 8:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC041306 • • Page 6 of 6 S �0 CITY OF SALEM CONSERVATION COMMISSION Y �T NOTICE OF MEETING N O r You are hereby notified that the Salem Conservation Commission will hold its regularly schedule�ljmeeting op�3 Thursday,April 27, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. r^3 v Ln Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—March 23, 2006 & April 13,2006—Special Meeting Minutes—March 29,2006 2. Continuation of Public Hearing—Notice of Intent—DEP#64-412—Massachusetts Electric Company(dba National Grid), 170 Medford Street, Malden, MA 02148—The purpose of this hearing is to discuss the installation of above ground switchgear and duct bank to replace oil-filled transformers located within existing manholes. The work is being performed within a Riverfront Area and buffer zone to a Coastal Bank at 89 • Lafayette Street. 3. Continuation of Public Hearing—Request for Determination of Applicability—Dominion Energy Salem Harbor Station,24 Fort Avenue,Salem,MA. The purpose of this hearing is for a determination of whether the backfilling of four(4)manmade former wastewater treatment basins and removal of associated equipment at 24 Fort Avenue is subject to the Wetlands Protection Act and/or the Salem Wetlands Protection Ordinance. 4. Continuation of Public Hearing—Notice of Intent—John Warford, 21 Parallel Street, Salem, MA. The purpose of this hearing is to discuss the after-the-fact clearing of buffer zone vegetation and minor disturbance of BVW at 21 Parallel Street. 5. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-409— Leo Higgins, 24 Eagan Place, Peabody, MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street. 6. Continuation of Public Hearing—Request to Amend an Order of Conditions—DEP #64-396— Massachusetts Electric Company (dba National Grid), 25 Research Drive, Westborough, MA 01582. The purpose of this hearing is to discuss the proposed amendments to a previously approved Order of Conditions (DEP#64-396), which includes the decrease capping of Coastal Beach and the dredging of 9,800 cubic yards of contaminated sediment from Collins Cove beside the Coastal Beach at 20 Pierce Avenue. 7. Massachusetts Electric Company (dba National Grid}—request for clarification to previously rendered Certificate of Compliance for DEP#64-251. • 8. Public Hearing—Request for Determination of Applicability—Glenn&Carol Maynard,51 Osgood Street, Salem MA. The purpose of the hearing is for a determination of work involving the installation of an above- 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAX: 978.740.0404 1 WWW.SALEM.COM ground pool within a Buffer Zone to a Coastal Bank and Land Subject to Coastal Storm Flowage at 51 Osgood Street. 9. Public Hearing—Notice of Intent—Salem State College,352 Lafayette Street,Salem,MA. The purpose of the hearing is to discuss the proposed construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the existing baseball field(Jackman Field)at 71 Loring Avenue. The project will occur in a Riverfront Area, Land Subject to Coastal Storm Flowage, Coastal Bank, and buffer zone to a Costal Bank. 10. Public Hearing—Notice of Intent—Pasquanna Developers,Inc.,31 Collins Street Terrace,Lynn MA 01902. The purpose of the hearing is to discuss the activities associates with the implementation of a Release Abatement Measure (RAM) Plan within a Buffer Zone to Costal Bank and Riverfront Area at 18 Thorndike Street. 11. Public Hearing—Request to Amend an Order of Conditions-96 Swampscott Rd,LLC,5 Corn Point Rd, Marblehead,MA 01945. The purpose of the hearing is to discuss amendments to a previously approved Order of Conditions(DEP#64410)for the construction of a new 30-space parking lot within a Riverfront Area at 96 Swampscott Road. • 12. Old/New Business This FIC419e posted on "Official BullaBea pity Pull Ave., SS10M. MaSS. an 2 ff at in acwrda nco with Chap. 39 W1w 23A 836 of M.C.L. p • Salem Conservation Commission Minutes of Meeting Thursday, April 27, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, April 27, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joe Furnari, Kevin Carr, David Pabich, Keith Glidden, and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: None Approval of Minutes The minutes of the Salem Conservation Commission meeting held on March 23, 2006 were presented for approval. Kevin Carr moved approval, seconded by Joe Furnari and approve. The minutes of the Salem Conservation Commission meeting held on March 29, 2006 were presented for approval. Joe Furnari moved approval, seconded by Keith Glidden and approved. The minutes of the Salem Conservation Commission meeting held on April 13, 2006 were presented for approval. Kevin Carr moved approval, seconded by David Pabich and approved. Continuation of Public Hearing - Notice of Intent - Massachusetts Electric Company (dba National Grid) - DEP File #64-412 Installation of Above Ground Switch Gear and Duct Bank at 89 Lafayette Street Kevin Cornacchio noted that the Commission visited the site and suggested that he would like to see a geogrid around the bank so if they drive trucks on it there will be no sinking around the area where the switch gear is located. He also stated that he would like to see them repair anything that is damaged in kind. 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 (6-0) Joe Furnari moved to issue an Order of Conditions with Special Conditions, seconded by David Pabich and approved. • Page l of 10 • Continuation of Public Hearing - Request for Determination of Applicability- Dominion Energy Salem Harbor Station - 24 Fort Avenue Salem MA - Backfilling of Four Manmade Former Waste Water Treatment Basins and Removal of Associated Equipment Kevin Cornacchio noted that he has to recuse himself from discussion of this matter and Joe Furnari assumed the chair. Meredith Summers addressed the Commission and explained the proposal to fill four former waste water treatment basins, one of which (#3) is located in the buffer zone. She noted that they had originally presented this to the Commission in November of 2002 and the Order of Conditions expired last November. She stated that they are proposing to implement the same Order of Conditions issued in 2002. She also stated that a stormwater pollution prevention plan will also be developed. David Pabich asked if the surface around the basins is completely impervious. Ms. Summer stated that the area around the basins is asphalt and the area in the buffer zone is soil. David Pabich asked if the remediation of the basins was done under another Order of Conditions. Ms. Summer stated that she was not sure if it would have been done under an Order of Conditions as it would have been considered routine maintenance to remove material from the basins. She explained that they routinely took out accumulated solids from the basins. She also noted that in 2001 when the wastewater treatment ceased operations there and went to the new facility they • probably removed the solids from the basins. 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 matter a motion was made by Keith Glidden to close the public hearing, seconded by David Pabich and approved. Keith Glidden moved to issue a Negative Determination 3, seconded by Kevin Carr and approved. Continuation of Public Hearing - Notice of Intent - John Warford - 21 Parallel Street Salem. MA Discuss After the Fact Clearing of Buffer Zone Vegetation and Minor Disturbance of BVW Kevin Cornacchio noted that the Commission visited the site. Frank Taormina noted that a DEP File # has been issued for the site. Kevin Carr noted that he visited the site with Frank Taormina and noted that there are several stockpiles of debris on the site that should be removed. Frank Taormina noted that he did not find any wetlands violations from the work that was done on the site, but rather buffer zone infractions. He explained that on the left side of the site the buffer zone was disturbed and should be mitigated. He also noted that the applicant is proposing to loam and seed the area with a conservation grass mix. • Page 2 of 10 • Keith Glidden questioned if the applicant intends to prune the Conservation mix when it grows. Mr. Warford stated that he intends to just let it grow. Michael Blier suggested to Mr. Warford to just irrigate the area and just let nature take of itself. Frank Taormina informed the Commission that a Certificate of Compliance was issued on the property in the past but the original was lost and never recorded at the Registry of Deeds. He suggested that the Commission issue a new Certificate of Compliance referencing the four conditions that are in perpetuity and run with the property forever. He also explained the process to Mr. Warford and the best way to handle the filing. Kevin Cornacchio suggested that wetlands markers should be on the site. Frank Taormina stated that we would give the applicant the wetland markers to place at the perimeter of this approved lawn area and along the City of Salem/Salem Conservation Commission Land. Kevin Carr moved to issue a Certificate of Compliance on the original Order of Conditions, seconded by Joe Furnari and approved. Kevin Cornacchio opened the hearing up for public comment at this time. Keith Small of Belvedere Avenue in Haverhill, MA addressed the Commission and questioned the process relative to a potential closing on the property, noting that the lender would look at the open Order of Conditions as a cloud on the title. Frank Taormina explained the plan and the proposed timetable for getting this done. • 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. Keith Glidden moved to issue an Order of Conditions with special conditions for 21 Parallel Street, seconded by Kevin Carr and approved (5-0-1) with Michael Blier abstaining. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation— DEP #64-409—Leo Higgins. 24 Eagan Place Peabody MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street. John Dick of Hancock Environmental addressed the Commission and explained the plans. He noted that he would be asking for a continuance because they have not prepared the revised plans yet. He noted that the area that has been represented as a flowing stream shows as an intermittent stream on the USGS map and there is a watershed of a 1/2 square mile. He explained the process for their calculations. David Pabich stated that he thinks that the watershed might be twice the size that they think it is. Kevin Cornacchio noted that a peer review has been suggested for this project. Frank Taormina suggested that the Commission wait to decide on a peer review until . the revised plans are received and then the Commission should hold another site visit. Page 3 of 10 • Kevin Cornacchio opened the hearing up foe 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 continue the Public Hearing to May 11, 2006, seconded by David Pabich and approved (6-0). Continuation of Public Hearing - Reguest to Amend Order of Conditions DEP File #64-396 - Massachusetts Electric Company (dba National Grid) - Discuss the Proposed Amendments to a Previously Approved Order of Conditions - 20 Pierce Avenue, Salem. MA. Ken Lento addressed the Commission and noted that the project was presented at the last meeting and a site visit was held this evening. He explained the revised plans and noted that a truck wash area will be on site and trucks will be washed before leaving the site as well as there will be a separate set of trucks for moving the sludge. He also noted that a replication plan needs to be filed for the area that will be disturbed and they will submit that to the Planning Department. 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 suggested that approval be contingent on the submittal and approval of a Planting and Replication Plan. • There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Joe Furnari and approved (6-0). David Pabich moved to issue an Order of Conditions with the special condition that the approval is contingent on the submittal and approval of a Planting and Replication Plan, seconded by Kevin Carr and approved. Partial Certificate of Completion - Massachusetts Electric Company - DEP File #64-251 Frank Taormina explained that the original order issued was never recorded at the Registry of Deeds and recommended issuing a partial certificate of compliance. Joe Furnari moved to issue a Partial Certificate of Compliance for Massachusetts Electric Company DEP File #64-251, seconded by Keith Glidden and approved. Public Hearing - Request for Determination of Applicability - Glenn and Carol Maynard - 51 Osgood Street Salem. MA - Determination of work involving the installation of an above ground pool within the buffer zone to a Coastal Bank and Land Subject to Coastal Storm Flowage Mr. Maynard addressed the Commission and explained his plans to install an above ground pool within the buffer zone to a coastal bank and land subject to coastal • storm flowage. Frank Taormina explained the plans and the location of the proposed pool. He also noted that there is a seawall on the site that is 4-5 feet high. Page 4 of 10 • The Commission reviewed the plan and Frank Taormina reviewed aerial photographs with the members noting the lot lines and the back property line. Kevin Cornacchio expressed concern about the discharge of pool water containing chlorine into the resource area. He noted that he thinks there is chlorine that is environmentally safe and advised the applicant to look into that. David Pabich agreed and asked if it is plausible to not drain the pool into the resource area. Mr. Maynard stated that there is a nearby storm drain that they would be able to use. Mr. Maynard noted that he feels that the project will have a minimal impact on the resource area and further noted that he has never had a problem with coastal flooding. Kevin Cornacchio asked if the Commission wanted to hold a site visit on this project. The members agreed they would like to have a site visit. 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 continue the public hearing to May 11, 2006, seconded by Joe Furnari and approved (6-0) • Public Hearing - Notice of Intent - Salem State College - Proposed Construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cao and the Existing Baseball Field (Jackman Field) Kevin Cornacchio read a letter from Salem City Council President Jean Pelletier requesting that the matter be tabled until members of the Council arrive at the meeting as they are having a city council meeting this evening. Joe Furnari moved that the matter be tabled as requested, seconded by Kevin Carr and approved (6-0). Public Hearing - Notice of Intent - Pasquanna Developers Inc - 31 Collins Terrace Lynn, MA - Activities Associated with the Implementation of a Release Abatement Measure (RAM) Plan within the buffer zone to a coastal bank and Riverfront Area at 18 Thorndike Street Joseph Orzel of Gulf of Maine Research addressed the Commission and noted that also present this evening is Hugh Mulligan of Gulf of Maine and the owner Patrick DeIulis. Mr. Orzel explained the location of the property and noted that it is adjacent to the site of the Bridge Street bypass road. He showed photographs of the area and noted that the property is on a coastal bank, land subject to coastal storm flowage and a riverfront area. He estimated that the MHW mark is at 4-4. He also noted that the inner and outer riparian zone is noted on the plan. • Mr. Orzel explained that they propose to excavate soil along the Thorndike Street side of the property, noting that they would excavate two feet. He further explained Page 5 of 10 • that the soil would be tested and removed from the site. He also noted that they plan to install a row of hay bales along the coastal bank. Hugh Mulligan addressed the Board and explained that some testing was done on the site, noting that the site is the former Welch Construction yard. Dr. Mulligan explained that 13 test pits were done on the site and the contamination that was found was identified as coal and coal residue. He also noted that coal ash was detected and may have been mixed in with the fill. He further noted that the samples taken showed the contamination within the two feet excavated and there was none detected below that level. Dr. Mulligan noted that the contamination is concentrated mostly on the Thorndike Street side of the property. He also stated that they are looking for a facility that will take the soil and are waiting for a response from some companies. He also noted that the RAM was filed with DEP on April 13, 2006. Dr. Mulligan stated that his client is anxious to clean up the property and develop it. David Pabich asked if the history of the site is that there is fill on top of natural soil. Dr. Mulligan stated that the contamination is coal ash and stated that he does not know when the fill was placed there. Kevin Cornacchio questioned who is responsible for the testing. Dr. Mulligan stated that a Licensed Site Professional who is licensed by the state to monitor these kinds of projects will be onsite. He further explained that MCP procedures have to be followed to the letter and the LSP has to certify that the MCP has been adhered to. • David Pabich asked if there is an activity or use limitation on the site. Dr. Mulligan stated that there is no activity or use limitation on the site and noted that since they reported it to DEP and they are remediating he site there would be no activity or use limitations. He also noted that the property is zoned residential and the goal is to develop it. David Pabich asked if there was any data available from the test pits and the monitoring wells. Dr. Mulligan reviewed the plans and noted that of the 17 test pits that were done, 14 or 15 of them were in the jurisdiction of the Commission. David Pabich asked to have the exact areas of excavation located on the plans. Dr. Mulligan explained that it is the entire rear of the property and noted the locations where the staging area for the contractors would be located near the Salem/Beverly bridge. David Pabich stated that he would like to see more details regarding erosion control measures proposed. He specified that he is interested in the methodology of the construction and how it is going to march along, noting that he would like to see the proposed stockpile locations on the plan. Kevin Cornacchio opened the hearing up for public comment at this time. Bill Simmons of 9 Hubon Street addressed the Commission and stated that he is concerned about the potential density of the site. He stated that he grew up there • and recalled the history of the site noting that there were once gas pumps on the site and railroad cars were also parked there. Page 6 of 10 Frank Taormina stated that the Commission needs to see where the areas of contamination are. He explained that the LSP reports to the state and has to submit reports noting that this is another level of oversight for the Commission. Joe Bennett of 15 Hubon Street addressed the Commission and expressed his concern about foundations caving in. He questioned that if they are going to dig two feet how they are going to assure that the bank is not going to slip. Kevin Cornacchio suggested that the Commission visit the site. He requested that the developer submit a plan with the resource area noted as well as the methodology for the process. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to May 11, 2006, seconded by Joe Furnari and approved (6-0). Public Hearing - Notice of Intent - Salem State College - Proposed Construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the Existing Baseball Field (Jackman Field) Joseph Donovan, Vice President of Administration and Finance for Salem State College addressed the Commission and explained that they are proposing to construct an NCAA Baseball Field on the site of the GRTE/Sylvania glass landfill and • part of the existing Jackman field. He explained that they have held public meetings with the neighbors on several occasions over the last few months. He also noted that the design of the field is similar to the soccer field that the college built last year. He introduced Mike Howard of Epsilon Associates to address the Commission. Mr. Howard addressed the Commission and explained the proposed plans for the baseball field. He showed aerial photographs of the site. He explained that the site is in land subject to coastal storm flowage. He also explained that they are proposing an extensive storm water management system. He reviewed the plans and showed photographs of the site. Chris Huntress addressed the Commission and explained the design of the ball field. He also explained the materials that will be used and construction process. Mr. Huntress explained that they will be doing some filling to achieve the regulation grade for the field, which can be no less than 1%. He also stated that there would be a four-foot retaining wall. Mr. Huntress explained the access to the site for construction vehicles. Rick Gorman addressed the Commission and explained the drainage plan for the site and reviewed the proposed drainage system as well. He noted that the majority of the runoff will be collected in drains and discharged to an outfall pipe. Kevin Cornacchio asked about the storage under the field. Mr. Gorman explained that it is like a parking lot model with a sub field as storage. • Dave McDonald of Woodward and Curran addressed the Commission and explained the design of the landfill. He noted that the existing monitoring network will stay in Page 7 of 10 • place. David Pabich questioned if they are planning to abandon the landfill. Mr. Gorman stated that they have submitted the design to DEP for approval. Mr. McDonald explained the DEP benchmarks for a Reuse Permit. He explained the steps involved which include a Geotechnical Survey and a risk assessment has to be done on the site as well. David Pabich asked how long they expect to wait for the results of the Geotechnical Survey. Mr. McDonald stated that it should take 30-60 days and the DEP review should take from 60-120 days. Frank Taormina requested that the commission be notified of the boring work even though it is exempt, so that he can answer questions if anyone from the public calls. Mr. McDonald agreed that they would do that. David Pabich expressed his concern about harming the salt marsh noting that there are mosquito dishes and there could be a scouring issue as well. Mr. McDonald explained that heavier storms are handled by the drainage system and explained the process. David Pabich asked for information concerning the traffic route for the construction vehicle during the project. Kevin Cornacchio suggested a geogrid and grass pavers on the site for the fire • access road. He also noted that there is a history of opening and closing the Forest River tidal gates and explained the history of that. Kevin Cornacchio opened the hearing up for public comment at this time. Kevin Cornacchio expressed his concern about comments made in a letter from Mr. Welch of the Greenhouse School and his criticism of the Conservation Commission and the process of notifying abutters of this meeting. Frank Taormina explained that the Commission is following the Open Meeting Law and further noted that letters received by the Planning Department were responded to by mailing a copy of the agenda to all that responded. Ward Seven Councillor Joseph O'Keefe addressed the Commission and questioned if this permit should be granted to Salem State College as the owner of the property is the Salem State College Assistance Corporation, which is separate from the College. Councillor O'Keefe also asked that the Commission ask for a peer review of the materials submitted for this project. He also expressed concern about emergency access and requested that the Commission visit the site and that a memorandum of understanding with the college be executed regarding all of these issues. He also stated that he thinks there will be a problem with foul balls in the wetlands. Councillor At Large Mark Blair addressed the Commission and noted that he was very involved in the landfill project as the Ward Seven Councillor and recalled that many meetings were held on that project. He also noted that this is the only city board • that this project will come before and noted that a lot weighs on the conditions that the Conservation Commission place on this project. He also stated that he feels that there will be a problem with foul balls in the wetlands. Page 8 of 10 Council President Jean Pelletier addressed the Commission and thanked the Commission for indulging the council and waiting to start this hearing until they finished their meeting. He stated that he would like the Commission to tape these meetings and requested that a peer review be done on the information submitted. Ward Two Councillor Mike Sosnowski addressed the Commission and stated that he is concerned about venting the cap and what will be venting if they remove the vents. Frances Ruggerie addressed the Commission and stated that he would like a calendar of meetings of the various boards and commissions that will review this project. He also expressed concern about Lincoln Road being city property and planting on city property as well as the boundaries to the wetlands. Thomas Moran of 6 Fairview Avenue addressed the Commission and expressed his concern about the integrity of the liner and heavy vehicle traffic. He stated that he is concerned that the contamination will be released in the field and the liner was designed to prevent that. He also stated that a wildlife study should be done noting that there is wildlife habitat in the area. Mr. Moran also expressed concern about the heat of the sun on the astro turf and the impact it will have on people in the area. Bill Colehower of 8 Fairview Avenue addressed the Commission and noted that there • seems to be more concern here this evening than there is support for this project. He stated that he is concerned about the fence posts penetrating the cap and the contamination could get into the salt marsh. Councillor O'Keefe addressed the Commission again and stated that there should be no lights on the site. Paul O'Toole of 14 Sunset Road addressed the Commission and stated that he is concerned that there has been a lot more water on the site since the cap was done and he is concerned about the landfill moving. Dan Welch of 143 Loring Avenue addressed the Commission and stated that he takes exception to his letter being read as it was and stated that he feels that he was ridiculed. Keith Glidden addressed Mr. Welch and explained the role of the Conservation Commission. Frank Taormina also informed Mr. Welch that he is not considered an abutter to this property. Mr. Donovan from Salem State College addressed the Commission and stated that Salem State College welcomes public comment and they have tried to make this project ecologically responsive and they are working to meet the comfort level of the neighbors and the Conservation Commission. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the public hearing to May 11, 2006, seconded by Joe Furnari and approved (6-0). • Page 9 of 10 s Public Hearing - Request to Amend Order of Conditions - DEP File #64-410 - 96 Swampscott Road, Salem. MA. - Construction of 30 Space Parking Area Susan St. Pierre addressed the Commission and explained their request for an amendment to their order of conditions for the construction of a new 30 space parking lot within a riverfront area. She noted that 68% of the site is in the riverfront area and they are proposing this addition to the plans to meet the demand for parking on the site if the plans for an office type use go forward. She further noted that if it does not turn out to be an office type use, the parking will not be needed. Ms. St. Pierre reviewed the Riverfront restoration plan they are proposing. She noted that there will be selective cutting along the pond and they will clean up the area. She further noted that cutting will be done by hand. 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 Cornacchio suggested that the Commission visit the site and requested that the area for the parking area be flagged for the site visit. The Commission will visit the site on Wednesday, May 3, 2006 at 6:00 p.m. • Old/New Business Frank Taormina informed the Commission that the YMCA at Leggs Hill will be on the agenda for the next meeting and the DiBiase project is expected to file with the Commission soon. Adjournment 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 Kevin Carr and approved (6-0). The meeting was adjourned at 10:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC042706 • Page 10 of 10 v CITY OF SALEM c��� RK S pFF'cEa r a CONSERVATION COMMISSION Saab Mny -a P NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, May 11, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. X. /�Cn*we'4_40 Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—April 27,2006 2. Continuation of Public Hearing—Notice of Intent—DEP #64-414—Salem State College, 352 Lafayette Street, Salem, MA. The purpose of the hearing is to discuss the proposed construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the existing baseball field (Jackman Field) at 71 Loring Avenue. The project will occur in a Riverfront Area,Land Subject to Coastal Storm Flowage,Coastal • Bank, and buffer zone to a Costal Bank. 3. Continuation of Public Hearing—Request for Determination of Applicability—Glenn&Carol Maynard, 51 Osgood Street, Salem MA. The purpose of the hearing is for a determination of work involving the installation of an above-ground pool within a Buffer Zone to a Coastal Bank and Land Subject to Coastal Storm Flowage at 51 Osgood Street. 4. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-409— Leo Higgins, 24 Eagan Place, Peabody, MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street. 5. Continuation of Public Hearing—Request to Amend an Order of Conditions-96 Swampscott Rd,LLC,5 Com Point Rd,Marblehead,MA 01945. The purpose of the hearing is to discuss amendments to a previously approved Order of Conditions (DEP #64-410) for the construction of a new 30-space parking lot within a Riverfront Area at 96 Swampscott Road 6. Continuation of Public Hearing—Notice of Intent—DEP#64-413—Pasquanna Developers,Inc.,31 Collins Street Terrace, Lynn MA 01902. The purpose of the hearing is to discuss the activities associates with the implementation of a Release Abatement Measure (RAM) Plan within a Buffer Zone to Costal Bank and Riverfront Area at 18 Thorndike 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 the Buffer Zones to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road. • This notic® posted on "Official 8 tin City Hall Ave Salem, Mass. on art /l, gSg�j'�`7 in atxordwvsz Wlidis Sb am 120 WASHINGTON S'rREET, SALEM, MASSACHUSF�rr�UP9/U • IEL: �J/25.745.9595 FAX: 978.740.0404 WWW.SALE\I.COM 8. Public Hearing—Request for Determination of Applicability—Angelo Mongiello, 55 Eastman Avenue, Swampscott,Ma 01907. The purpose of the hearing is for a determination of work involving the installation of a small sewer grinder pump station to service five existing houses at 120 Swampscott Road. 9. Public Hearing—Notice of Intent—Karen Venezia, 2 Cedarview Street, Salem, MA. The purpose of this hearing is to discuss the construction of a stone retaining wall within a Riverfront Area at 2 Cedarview Street. 10. Public Hearing—Notice of Intent—YMCA of the North Shore,245 Cabot Street,Beverly,Ma 01915. The purpose of this hearing is to discuss the proposed construction of a new YMCA facility and associated appurtenances,and a proposed subdivision roadway for future house lots off of Leggs Hill Road. Potions of this proposal occur within a Buffer Zone to and Inland Bank. 11. Old/New Business • • • Salem Conservation Commission Minutes of Meeting Thursday, May 11, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, May 11, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joe Furnari, Kevin Carr, David Pabich, Keith Glidden, and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: None Approval of Minutes The minutes of the Salem Conservation Commission meeting held on April 27, 2006 were presented for approval. Kevin Carr moved approval, seconded by Joe Furnari and approved (6-0). Continuation of Public Hearing - Notice of Intent - Salem State College - Proposed Construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the Existing Baseball Field (Jackman Field) - 71 Loring Avenue • Mike Howard addressed the Commission and explained that they have been working diligently since the last meeting. He noted that revised plans have been submitted and reviewed the plans. He noted that the interpretive tidal marsh has been relocated and trash receptacles have been added to the plan as well. He also noted that they have also provided for porter potty enclosures and bike racks as well as protective netting along left field and they have raised the backstop to 24 feet. Mr. Howard reviewed the revised plans sheet by sheet with the Commission. He noted that the stormwater management report shows the detail of the water quality swale. Jay Mazilewski of Judith Niche Associates explained the design of the drainage system. David Pabich suggested that they bring it down into the existing rip rap so as not to have a significant impact on the existing slope. Michael Blier suggested a combination of rip rap and meadow slope and explained that if they plant it on top of the rip rap to stabilize the slope a little more and noted that he would hesitate to introduce more into that pipe. Kevin Cornacchio stated that he would like to see softer drainage as opposed to hard flow. Mr. Howard noted that they are using 100 feet of pipe to allow enough perforations for an outlet. David Pabich noted that the extent of the rip rap down slope should be shown on the plans. He also suggested that they should minimize the proposed rip rap at the toe of the slope. • Kevin Cornacchio asked how the water quality swale terminates. Mr. Howard explained that it grade levels out. Page I of 12 • Frank Taormina noted that they are proposing creeping Juniper along the entire walkway fronting the coastal bank, which is a ground cover, low, slat tolerant plant with a root system that growth outward and not downward, sot not to disturb the landfill cap. David Pabich suggested that the make a hook turn and go straight down hill with it. David Pabich also requested more information on how they are going to terminate the swale. Mr. Howard noted that they have increased the height of the backstop and added an end elevation to the visitor's dugout. He also noted that they have showing ticket booth windows. Mr. Howard noted that they have adjusted the depth of the free draining gravel sub base from 6" to 12" at the request of the city engineer. He also noted that additional stone is being used for storage of stormwater during a storm event. Mr. Howard explained that they have included grass pavers as suggested but they are still waiting for more information on the geotech survey. Frank Taormina stated that he is concerned about after grass grows through the grass pavers that geotech area will be hidden. He suggested that the area be delineated somehow with states, markers, etc, similar to the grass paver area previously permitted to service the outfall structure for the Central Campus Residence Hall project. David Pabich stated that he would like to see a truck washing facility on the construction site. He also noted that the runoff can get ugly and suggested that they long run out over stone before they get to the washing facility. He stated that he would like more information on how they plan to handle this. Mr. Howard noted that they have included trash receptacles, park benches, and propose to use wood other than pressure treated which has yet to be determined. He stressed that pressure treated lumber would not be used. David Pabich asked if the netting planned for left field would stay up all the time. Tim Shea stated that it could be put up and taken down for event. David Pabich suggested that the neighbors would probably rather see a neutral color for the netting. Mr. Howard reviewed the ground cover proposed and the landscaping plan. Frank Taormina noted that everything they proposed is native and salt tolerant. Kevin Cornacchio opened the hearing up for public comment at this time. Ward Seven Councillor Joseph O'Keefe addressed the Commission and informed them that he attended a meeting with Mayor Driscoll, SSC President Nancy Harrington, Councillor Mark Blair this afternoon in the Mayor's office. He stated that the Mayor is putting together a task force to work on issues surrounding this project • such as parking, lighting, and use etc. Councillor O'Keefe also asked that the Commission ask for a peer review of the Page 2 of 12 • engineering plans for this site. Councillor O'Keefe commended the Commission for the work that they do. Atty. George Atkins stated that the College is working diligently with the city on this project. Bill Colehower of 8 Fairview Avenue expressed his concern about the possibility of penetrating the glass landfill and requested information on the membrane covering it. Barbara Warren of 5 Hardy Street addressed the Commission and expressed her concerns about trash management and operations and maintenance of the site. Tim Shea stated that there would be a custodian on duty at all events. He also explained the route that spectators would use to get from one area to another and noted it on the plan. Mr. Shea also noted that the field would be off limits when there are no events schedules. Francis Ruggerie of 450 Lafayette Street of the South Salem Neighborhood Association addressed the Commission and expressed his concerns about mosquito control. Mr. Howard explained that there are performance standards that they have to follow regarding pesticides. He reviewed the drainage plan which they modeled after the plan they did for the Salem State dorms and noted that they considerably reduced the impervious surface on the site. He also noted that the use of a synthetic fields eliminates the use of pesticides and herbicides. • Mr. Ruggerie requested a calendar of meetings that are scheduled regarding this project. He also noted that he is concerned about public safety issues such as leaving large machinery on the site at night during construction. Mr. Ruggerie also asked how they seal the cap if it is penetrated during construction. Mr. Howard explained that DEP has determined that they could allow up to a two week period for the liner to be open without harming the glass landfill. He explained that after the test borings were done the liner was patched and heat welded and the seal was tested to be sure it was appropriate. Liz Vargo of Lincoln Road addressed the Commission and expressed concern about the proposed pulley system for the netting in left field. Mr. Shea explained that the field would be used from late March to early May and the schedule would be 12-14 games. He also stated that they would like the option to hold field hockey games and lacrosse games on the site as well as informal intramural games. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to May 25, 2006, seconded by Kevin Carr and approved (6-0). Continuation of Public Hearing - Request for Determination of Applicability - Glenn • and Carol Maynard - 51 Osgood Street, Salem. MA. - Determination of work involving the installation of an above ground pool within the buffer zone to a Coastal Bank and Land Subject to Coastal Storm Flowage Page 3 of 12 • Mrs. Maynard addressed the Commission and stated that she submitted the specs for the chlorine as requested by the Commission. She explained that they propose to use Nature 2 System which releases copper and silver into the water which kills algae and bacteria and uses 80% less chlorine into the water. She also noted that she was told by Namco and Linda's Pools that the chlorine in the pool dissipates when the sun hits it. She also noted that they are not going to drain the pool unless they have to and would not drain it into the resource area. Kevin Cornacchio stated that either option of the chlorine presented is acceptable. 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 Keith Glidden and approved (6-0). Kevin Carr moved to issue a negative determination 2, seconded by Keith Glidden and approved (6-0). • Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation— DEP #64-409—Leo Higgins. 24 Eagan Place, Peabody MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street. John Dick addressed the Commission and noted that they have delineated the wetland boundary line on the plan and noted that they are in general agreement with the location of the adjusted flag placement on the site. He also noted that they are dealing with Bordering Land Subject to Flooding and Isolated land subject to flooding that does not appear to overflow. Mr. Dick stated that he reviewed the line of flags that were adjusted. He also noted that there is a watercourse that flows through the middle of the site and noted that David Pabich was correct in his thinking that there was more to the watershed area and that it is a much larger area. He noted that the 1984 USGS map reflects a time when that system was not in operation. He stated that it is an intermittent stream that could be changed to perennial if the maps are revised. Mr. Dick noted that there is a lot of municipal drainage to this site. He also noted that DEP does not have any more recent mappings of the area. Mr. Dick stated that he stands by his contention that it is an intermittent stream and they will have to deal with the rest of it if a development plan for the site is ever submitted. He asked that the Commission approve his plan for the edge of the • wetland. Dave Pabich suggested that the commission consider hiring an outside consultant, Page 4 of 12 • wetland scientist, to review the delineation and definition of the resource area identified by Mr. Dick. Frank Taormina recommended that the Commission visit the site again and review the changes to the delineation and if they are still not satisfied than they can consider hiring an outside consultant to review the wetland line. Keith Glidden stated that he is concerned about the determination of the water flowage but noted that it could be determined later. 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 May 23, 2006, seconded by Keith Glidden and approved (6-0). Continuation of Public Hearing - Request to Amend Order of Conditions - DEP File #64-410 - 96 Swampscott Road Salem MA - Construction of 30 Space Parking Area Susan St. Pierre addressed the Commission and noted that a site visit was held by the Commission and the Commission asked that they look at the possibility of having • one way in and one way out to reduce the impact to the BVW. She explained the plans and noted that the stormdrain lines have been relocated and they have eliminated the vertical retaining wall. She also noted that it may be a possibility that the parking area will never be constructed. Scott Patrowicz explained the plans to the Commission. David Pabich suggested that they submit a plan that shows the river front restoration and that they investigate thinning out the brook to get the water moving. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on the matter. Susan St. Pierre explained that in the event that they do not build the parking area they would like the capability to be able to submit a planting plan for that area instead of the parking lot. She suggested that the Commission could make that a condition of approval and that way they could get a full certificate of compliance for the site if they do not build the parking lot. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the public hearing, seconded by Kevin Carr and approved (6-0). Keith Glidden moved to amend the Order of Conditions for 96 Swampscott Road, with special conditions, seconded by Kevin Carr and approved (6-0) • Page 5 of 12 • Public Hearing - Notice of Intent - Pasouanna Developers. Inc. - 31 Collins Terrace, Lynn. MA. - Activities Associated with the Implementation of a Release Abatement Measure (RAM) Plan within the buffer zone to a coastal bank and Riverfront Area at 18 Thorndike Street Joe Orzell of Gulf of Maine Inc. addressed the Commission and noted that at the last meeting the Commission requested more information regarding the RAM Plan Excavation protocol. He stated that they have revised the plans and submitted them to the Commission. Dr. Hugh Mulligan addressed the Commission and explained that as indicated in the RAM plan for the site, excavation to a depth of 2 feet BOS is proposed for the portion of the property along Thorndike Street and that portion along the North River within the Buffer Zone behind the Coastal Bank. He also noted that in order to expedite backfilling of the excavations, confirmatory soil samples will be obtained before the soil excavation and disposal program is initiated. He also stated that they will know the depth of the necessary excavation prior to any excavation for soil removal and additional soil sampling will occur across the area to excavated. He also explained that soil samples will be collected from the surface at two foot depth intervals and will be analyzed for Extractable Petroleum Hydrocarbons (EPH) and Polycyclic Aromatic Hydrocarbons (PAH) . Soil samples within the Buffer Zone to the Coastal Bank will also be analyzed for Polychlorinated Biphenyls (PCB's). Also, additional soil samples will be obtained from deeper depths and held for subsequent analysis if necessary. • Dr. Mulligan explained that once this testing is complete it will be possible to excavate the contaminated soil immediately and load it into a trailer and take it to a disposal facility. He noted that after each truck load has been removed, the excavated areas will be backfilled and the surface will be seeded and mulched. Dr. Mulligan also noted that a one hundred cubic yard stockpile of clean fill will be stockpiled on the property outside of the 200 foot Riverfront Area until the project is completed. Dr. Mulligan also explained that prior to any excavation within the 100 foot buffer zone of the Coastal Bank, hay bales and a silt fence will be installed and maintained as a limit of work area above the coastal bank and will remain in place until the disturbed area within the buffer zone is stabilized by vegetation. Pat DeIulis explained that they will excavate the material that has to be removed and rebalance the site. He also noted that they will replace the material along the property line and rebalance the site with material that is there. Frank Taormina suggested that the Commission visit the site to determine where that hay bale line is appropriate. Kevin Cornacchio confirmed that they will not be stockpiling the contaminated material on site. Dr. Mulligan stated that they would removed it immediately. • Frank Taormina suggested that they have wheel washing station on the site. Dr. Mulligan stated that they will have a water truck on the site to keep the dust down and they could use that for washing the wheels if they have to. Page 6 of 12 • 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 May 25, 2006, seconded by Keith Glidden and approved (6-0). Continuation of Public Hearing Notice of Intent - DEP File #64-385 - Dan Hibbard - AAA Tree Services- Proposed Site Work Within the Buffer Zone to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road Joe Orzel addressed the Commission and stated that for several months he has tried to contact Mr. Hibbard but he has received no response from him and he has no additional information to present to the Commission. Frank Taormina informed the Commission that they have every right to deny this application for lack of information. Pat DeIulis stated that the applicant did not do much work on the site. Frank Taormina disagreed noting that there were violations on the site that still need to be corrected. He suggested that the Commission visit the site to determine what needs to be done to mitigate the outstanding violations. • David Pabich stated that he is inclined to deny the project and issue an Enforcement Order. Joe Furnari stated that Mr. Mongello has been very cooperative with the Commission. Frank Taormina stated that he is not prepared to issue a denial of the Notice of Intent or an Enforcement Order tonight and recommended that the members hold a site visit to discuss the violations and reasons for denying the Notice of Intent, should the Commission vote and agree to do so. Pat DeIulis stated that there could be a difference in what the Commission perceives as a violation. Frank Taormina stated that he has photos of the violations and they will cross- reference them at the site visit, so there will not be any ambiguity. 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 Cornacchio suggested that he Commission visit the site on Thursday, May 25, 2006 at 5:00 p.m. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the Public Hearing to May 25, 2006, seconded by Keith Glidden and approved (6-0). • Page 7 of 12 • Public Hearing - Request for Determination of Applicability - Angelo Mongello - Determination of Work Involving the Installation of a Small Sewer Grinder Pump Station to Service Five Existing Homes at 120 Swampscott Road Scott Patrowicz addressed the Commission and explained that the applicant proposes to install a small sewer pump station for five existing houses. He noted that the houses currently are all serviced by septic systems and the proposed pumping station is to be located approximately 70 feet from the buffer zone from the BVW that exists across Swampscott Road. He also noted that the work area is enclosed by existing stone walls that are ideal for the limit of work demarcation and erosion control. Scott Patrowicz also explained that the gravity lines and force pumps already exist on the site and the work proposed is only for the excavation, backfilling for the small pump station and connecting those existing lines at the pump. He estimated that the work would take about three days and all disturbed areas will be loamed and seeded. Frank Taormina noted that the area is within 100 feet of an intermittent stream. He noted that the Commission is going out to the area anyway and suggested that they view the location of this new proposed project on site. Scott Patrowicz stated that they would be running the power for the pump overhead. Patrick Delulis stated that they could look at running the power underground and suggested that the Commission look at that at the site visit. He also noted that the • electric company would decide where the meter will go. Kevin Cornacchio suggested a site visit for Thursday, May 25, 2006 at 5:30 p.m. Kevin Cornacchio opened the hearing up for public comment at this time. Mr. Hutchinson addressed the Commission and expressed his concern about the underground brook on the site. Frank Taormina stated that the culvert is shown on the plan. Barbara Warren of 5 Hardy Street addressed the Commission and questioned whether the Engineer would verify the sewer noting that there was a situation in Danvers where there was a problem with a sewer project. Frank Taormina noted that another permit is required for the sewer connection from DEP. Kevin Cornacchio asked what would happen to the septic tanks on the site. Mr. DeIulis stated that they would be crushed and filled with sand. He also noted that the Board of Health would monitor the process. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the Public Hearing to May 25, 2006, seconded by Kevin Carr and approved (6-0). Public Hearing - Notice of Intent - 2 Cedarview Street - Karen Venezia - Discussion on the Construction of a Stone Retaining Wall within a Riverfront Area Page 8 of 12 • Karen Venezia addressed the Commission and that she is not sure what the Commission wants. Sherry Venezia addressed the Commission and stated that she is the realtor who sold the property. She explained the history of the property and noted that there was dumping and debris was in the Forest River. She noted that a partial retaining wall constructed of railroad ties was never completed on the site and it decomposed so when Karen Venezia purchased the property she wanted to clean that up. She stated that they did not know that they needed permission from the Conservation Commission or that it was within 100 feet of a river front area. She also noted that Johnny Cashman did some work on the site and he didn't know that they had to get approval either. Frank Taormina explained that the applicant has to propose the work that they want to do and the Commission reviews and approve it. The Commission's role is not to tell the applicant how to do their proposed project. The applicant must hired a professional engineer to advise her and put together a site plan and details of the retaining wall, certifying that it will be constructed safely. Sherry Venezia stated that they were going to place stones symmetrically to enhance the area and stabilize it. She also noted that they were not using any heavy machinery on the site and they were using a small backhoe from the driveway side of the site. • Frank Taormina stated that they may need a building permit as well because the the scope and size of the retaining wall. David Pabich stated that this is an insufficient plan and the Commission needs more information. He explained that the Commission needs a plan that shows the area and the work that they intend to do. He suggested that Ms. Venezia hire a professional engineer to prepare her a plan. 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 continue the Public Hearing to May 25, 2006, seconded by Kevin Carr and approved (6-0). Public Hearing - Notice of Intent - YMCA of the North Shore - Proposed Construction of a New YMCA Facility and Associated Appurtenances and a Proposed Subdivision Roadway for Future House Lots. Portions of Which are in a Buffer Zone to an Inland Bank, off Leggs Hill Road. Kevin Cornacchio read the legal notice as published in the Salem News. Atty. George Atkins addressed the Commission and explained that they have • presented this plan to the Planning Boards in Salem and Marblehead as a Preliminary Subdivision plan and are now in the process of going through the Definitive Subdivision plan process. He explained that they are proposing ten house lots, Page 9 of 12 • which conform to zoning, and a small portion of the property where work will be performed is in the buffer zone. Matt Varrrell addressed the Commission and explained the project noting that the bulk of the project is outside of the buffer zone to the un-named pond. He also noted that there is a Riverfront Area involved and noted it on the plans. He stated that there is no flood plain on the site and no rare species or habitat on the site. Mr. Varrrell stated that the house construction is not part of this filing and the only construction in this plan is for the YMCA facility. Mr. Varrrell explained the storm water management plan for the site. He explained that they propose deep sump catch basins and explained the discharge plan for the site and the route that the drainage would take on the plan. Mr. Varrell stated that the Operation and Maintenance Plan will include sweeping the streets twice a year and will maintain the detention area. He also noted that they would be reducing TSS by 80%. He also noted that they are grading to 25 feet from the edge of the wetland. Keith Glidden asked if there was any vegetation at the boundary of the pond noting that the plan shows a tree. Mr. Varrrell stated that from the base of the retention pond back to the base of the pond would not have to be disturbed. He further noted that a detailed survey data of the trees was submitted and there may be some large caliper trees along the edge of the bank that will not be disturbed. • Keith Glidden stated that he would like to have a site visit. Chris Nowak addressed the Commission and explained that it is possible that the YMCA is not going to develop the house lots themselves, but whoever does develop them will have to come before the Commission for approval. Frank Taormina questioned if there was any room to move the 25-foot strip noting that this is a bare minimum plan. A discussion was held regarding the cul-de-sac and the location of equipment. Mr. Nowak explained that the City Engineer, Bruce Thibodeau reviewed the plan and was concerned about the City of Salem maintaining the equipment and suggested a relocation so that the equipment could be managed by the YMCA. Frank Taormina suggested that they make the cul-de-sac a vegetated swale to allow for some infiltration, instead of discharging all the runoff into the pond and BVW. Mr. Nowak stated that they looked at that and explained the logistics of why they prefer not to do that. David Pabich suggested a water quality swale. Mr. Nowak stated that a swale takes up a lot of room and minimum lot size, road width, etc, was an issue. David Pabich asked where their proposed snow storage areas are. Mr. Nowak . explained that the front yards of the homes would be snow storage areas for those parcels and the YMCA has other areas as noted on the plan. Page 10 of 12 • Mr. Nowak noted that they have provided for erosion control measures all around the perimeter of the property. David Pabich suggested that the No Disturb Zone be added to the deed for the property. Atty. Atkins stated that he did not see why that could not be done. Frank Taormina suggested that the No Build No Disturb Zone should extend beyond the retaining wall for the 25-foot buffered area fronting the pond. Atty. Atkins suggested that they could provide a restrictive covenant in the deed. Michael Blier stated that he feels that this is an underwhelming plan from a stormwater point of view. Mr. Nowak explained that their plan was more elaborate but the City Engineer didn't want to maintain it. Kevin Cornacchio opened the hearing up for public comment at this time. Bernard Cummings of 1 Londonderry Road in Marblehead addressed the Commission and expressed his concerns about dust mitigation during construction, stockpiling on the site, and dust that will occur from that. He also requested a schedule of meetings on the project. Atty. Atkins noted that they would be at the Salem Planning Board on May 18, 2006 and the Marblehead Planning Board on May 23, 2006. A resident of 29 Londonderry Road addressed the Commission and expressed concerns about blasting. Mr. Nowak stated that they are hoping that they will not • have to blast. Barbara Warren of 5 Hardy Street, Salem, addressed the Commission and expressed her concern about the size of the lots in the buffer zone. Atty. Atkins explained that the lots were designed by right. Robert Bouchard of 7 Linden Road addressed the Commission and expressed his concern about dumping water in the pond. He also stated that he would like to see the whole project done at the same time. Mr. Nowak reviewed the drainage calculations for the site. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the Public Hearing to May 25, 2006, seconded by Kevin Carr and approved (6-0). Old/New Business 21 Parallel Street - Certificate of Compliance Frank Taormina addressed the Commission and explained that Mr. Warford has done as much as he can do on the site. He also noted that the wetland markers have been placed on the site as well. He showed the Commission the compliance photos of the site. • There being no further questions or comments regarding this matter a motion was made by Joe Furnari to approve the issuance of the Certificate of Compliance for 21 Page 11 of 12 Parallel Street, seconded by Kevin Carr and approved. Salem Oil and Grease - Special Meeting Frank Taormina informed the Commission that he would be contacting the members to schedule a special meeting to issue a Certificate of Compliance for the former Salem Oil and Grease property, 60 Grove Street). He noted that he would contact the members during the week to schedule that. Adiournment 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 Kevin Carr and approved (6-0). The meeting was adjourned at 11:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC051106 • • Page 12 of 12 0 CITY OF SALEM ' CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold a special meeting on Monday,May22, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin A Cornacchio, Conservation Commission Chairman Agenda: 1. Request for Certificate of Compliance—DEP #64-220-60 Grove Street, former Salem Oil & Grease Property. - n •o n-i • ncr •-< 3 70O aZ �T _ Ncn OD CDS n rn T3 m� D C0 This notice posted on "Official Builetin BoaW CNyII Sin ac, Mass. on MAY 18 Cha 39 W- 23A & X23® oo'ff M .$L 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Monday, May 22, 2006 A Special Meeting of the Salem Conservation Commission was held on Monday, May 22, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joe Furnari, Kevin Carr, Keith Glidden, and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: David Pabich Request for Certificate of Compliance - DEP File #64-220 - 60 Grove Street - Former Salem Oil and Grease Property Frank Taormina explained to the Commission that the property was issued an Order of Conditions in 1993, which is still outstanding. He noted that the property is under agreement to be sold and the closing attorneys need to clean the deed in order to close on the property, which would require the commission to issue a Certificate of Compliance Frank explained the project that was approved and noted that it is unclear if all of the work was completed. He stated that contaminated soil was removed from the • site and there were two proposed additions to the building that he is not sure if they were done or not. Frank explained that Scott Patrowicz who was the engineer of record and that he had started to review the plan and piece it together on behalf of the property owner and his/her attorney, but was then told to stop because it was determined after further review that it was unnecessary because once the property changes ownership they intend to demolish the buildings and redevelop the site, which would require a new filing with the Commission. He also explained that until recently the property was under a 24-hour fire watch. Frank also noted that the property is significantly delinquent on back taxes, which would ultimately be paid when the sale of the property is complete. Eric Smith addressed the Commission and stated that this has since been dismissed because sprinkler system was recently installed in the buildings. Kevin Cornacchio asked to review the Order of Conditions that was issued for the project. Frank Taormina reviewed them and noted that there are three conditions that are in perpetuity for the site. Eric Smith stated that he knows that the capping portion of the project was completed and confirmed that one of the proposed additions near the loading dock was never constructed and the other he could not confirm was built exactly to what was proposed. • Joe Furnari asked if there were any extensions granted for this Order of Conditions. Frank Taormina stated that he was not any extension in the file. Joe Furnari Page 1 of 2 • expressed his concern about the clean up of the site and noted that if they say that are under the Mass Contingency Plan (MCP), than the DEP is regulating the ongoing cleanup of the site. Mr. Smith stated that they removed a portion of the railroad track and removed the contaminated soil in that area, as required under the MCP. Joe Furnari stated that if Frank is confident as the Conservation Commission Agent that this site is going to demolished and redeveloped, which would in turn require a new filing with the Commission, and then he has no problem going along with this. Frank stated that he has had prior conversations with the City Planner who in turn has had conversation with the Mayor and it is our understanding that the buildings will be demolished and the site would be redeveloped once sold. Keith Glidden noted that the Commission is actually certifying that the work was done as approved. He suggested that the Commission add a condition regarding the pending demolition of the property. Frank Taormina clarified that the Commission cannot issue any further conditions. The only conditions that run with this property once a Certificate of Compliance is issued are the three referenced perpetuital conditions. Once the Commission issues a Certificate of Compliance there is no further recourse, only to enforce the perpetuital conditions. • Kevin Cornacchio stated that he is concerned that the Commission was put on the spot on this. Frank noted that the new owner must still remediated the site under the MCP and that will not stop once we issue a Certificate of Compliance. Keith Glidden agreed and noted that he was more comfortable that the current property owner or prospective owner would still be responsible under the MCP to remediated the site and deal with the remaining contamination on site. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to issue a Certificate of Compliance for 60 Grove Street, Salem Oil and Grease, with the three conditions that were in perpetuity, seconded by Keith Glidden and approved (5-0). Adiournment 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 (5-0). The meeting was adjourned at 6:30 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk • Salem Conservation Commission CC052206 Page 2 of 2 0 �v CITY OF SALEM CONSERVATION COMMISSION o �C rncl r-< �r. iJ N 3> Iv C3 r NOTICE OF MEETING D n 3 0' rn 3 You are hereby notified that the Salem Conservation Commission will hold its regularly scheduler meeting on 1v Thursday, May25, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin r. Cornacc io, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—May 11,2006 2. Continuation of Public Hearing—Notice of Intent—DEP#64-414—Salem State College, 352 Lafayette Street, Salem, MA. The purpose of the hearing is to discuss the proposed construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the existing baseball field(Jackman Field)at 71 Loring Avenue. The project will occur in a Riverfront Area,Land Subject to Coastal Storm Flowage,Coastal • Bank, and buffer zone to a Costal Bank. 3. Continuation of Public Hearing—Notice of Intent—DEP#64-416—Karen Venezia, 2 Cedarview Street, Salem, MA. The purpose of this hearing is to discuss the construction of a stone retaining wall within a Riverfront Area at 2 Cedarview Street. 4. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP #64-409— Leo Higgins, 24 Eagan Place, Peabody, MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-413—Pasquanna Developers,Inc.,31 Collins Street Terrace, Lynn MA 01902. The purpose of the hearing is to discuss the activities associates with the implementation of a Release Abatement Measure (RAM) Plan within a Buffer Zone to Costal Bank and Riverfront Area at 18 Thomdike 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 site work within the Buffer Zones to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road. 7. Continuation of Public Hearing—Request for Determination of Applicability—Angelo Mongiello, 55 Eastman Avenue,Swampscott,Ma 01907. The purpose of the hearing is for a determination of work involving the installation of a small sewer grinder pump station to service five existing houses at 120 Swampscott Road. • Pae 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 0197(• TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM d f G �T .,N N y 8. Continuation of Public Hearing—Notice of Intent—YMCA of the North Shore,245 Cabot Stied Beverly,`,. v Ma 01915. The purpose of this hearing is to discuss the proposed construction of anew YMCA 1-?ility and associated appurtenances, and a proposed subdivision roadway for future house lots off of Leggs Hill Road. Potions of this proposal occur within a Buffer Zone to and Inland Bank. 9. Public Hearing—Notice of Intent—Salem State College, 352 Lafayette Street, Salem, MA 01970. The purpose of the hearing is to discuss the proposed parking lot drainage improvements at the Harrington Hall parking lot,Harrison Road(Salem State College's South Campus). Portions of the project will occur within a Riverfront Area and the buffer zone of Salt Marsh and BVW. 10. Public Hearing—Notice of Intent—Mario Scire,23 Arrowhead Drive,Saugus,MA 01906. The purpose of the hearing is to discuss the proposed construction of a driveway, utilities, and single-family home at 18 Freeman Road. 11. Public Hearing—Notice of Intent—Osborne Hills Realty Trust,P.O Box 780,Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed construction of a roadway, utilities, and stormwater management facilities for a 129-lot subdivision off of Marlborough Road. • 12. Old/New Business— Request for Certificate of Compliance—DEP#64-381-103 Marlborough Road, Paul DiBiase, Osborne Hills Realty Trust. • Request for Certificate of Compliance—DEP#64-380—Planters Street&Waite Street, Massachusetts Electric Company (dba)National Grid. • Request for Certificate of Compliance—DEP#64-348-24 Fort Avenue, Dominion Energy Salem Harbor Station. This notlee posted on 'Official Bulletin Board' City Hall Ave., SP118m, Mass. on MAY 2 J 1A at Y:3/,11,41 in mocordarw with Chap. iL 23A & 238 of M.G.L. Page 2 of 2 • Salem Conservation Commission Minutes of Meeting Thursday, May 25, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, May 25, 2006 at 6:00pm in City Hall Annex, Meeting Room 313, at 120 Washington Street. Those present were: Kevin Cornacchio, Joe Furnari, Kevin Carr, David, Pabich, Keith Glidden, and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: None Approval of Minutes The minutes of the Salem Conservation Commission meeting held on May 11, 2006 were presented for approval. Kevin Carr moved approval, seconded by Joe Furnari and approved (6-0). The minutes of the Salem Conservation Commission special meeting held on May 22, 2006 were presented for approval. Joe Furnari moved approval, seconded by Keith Glidden and approved (6-0). • Continuation of Public Hearing - Notice of Intent - Salem State College - Proposed Construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the Existing Baseball Field (Jackman Field) - 71 Loring Avenue Mike Howard of Epsilon Associates addressed the Commission and noted that at the last meeting some issues were raised and they have addressed them in the last couple of weeks. He stated that they have submitted a revised plan and reviewed the plan with the Commission and noted the changes as follows: Added a third row of haybales at the construction vehicle entrance 9 Added markers for future delineation of emergency access road Relocated one access gate Added emergency phone along the left field foul line Added/clarified the limit of diffuser pipe and stone 9 Added erosion control mat at the end of the micro-swale 9 Modified the enlargement to reflect the changes to access gate and the emergency phone He also noted that they have added 6 inches of processed stone to the elevation of the field because of the change to the diffuser system to allow for the slow release of water. He noted that it does not really change the elevation. David Pabich noted that the discharge from right field drain will come out to a level spreader and discharge and asked if the water would end up on the neighbors yard. . Mr. Howard stated that because of the way that the baseball field is shaped the flow will be reduced to those properties. Page 1 of 12 Michael Blier asked about the landscaping plan for the property line designation. Mr. Howard stated that the plantings are drought and salt tolerant and will be planted 15 feet off the bottom of the wall and offset it in the paper street. Kevin Cornacchio asked what the time frame will be for monitoring the plant material. Mr. Howard stated that it would be two years. He noted that they are aware that there has been quite a bit of plant loss since the Sylvania project was done. He stated that his guess would be that the site was not irrigated enough. He also noted that they have to demonstrate that at least 75% of the plantings have taken hold. David Pabich noted that the plan calls for a red cedar hedge row and suggested that they use a mix of plants rather than a solid line of evergreen. Mr. Howard stated that he would have to check with the neighbors as they had indicated that that they wanted something to shield the area. Michael Blier suggested some ivy to take the edge off. Chris Huntress stated that it is going to be an attractive wall and he does not want it to be too much of a maintenance issue for the college. He also explained that they have added trash barrels, benches and bike racks and noted their locations on the plans. He also noted that the porta potties have been moved to a more secure area of the baseball field. Kevin Cornacchio asked if there was a habitat for birds. Mr. Huntress referred to page 12 of the NOI and noted that it addresses the river front area enhancement and there are 36 plantings of various values and it is flexible as to where they should go. Frank Taormina stated that the language for the interpretative sign should be reviewed by the Conservation Commission, prior to installation. Attorney George Atkins representing Salem State College addressed the Commission and urged them to help move the process along and suggested that they schedule a site visit and start the peer review process. Kevin Cornacchio opened the hearing up for public comment at this time. Liz Vargo of Lincoln Road addressed the Commission and stated that she was at the neighborhood meeting when the landscaping was discussed and she thinks that the neighbors would be agreeable to native plantings. Margaret Crowdis addressed the Commission and expressed her concern about drainage on Monroe Road. Francis Ruggiere of 450 Lafayette Street addressed the Commission and expressed his concerns about skunks, raccoons and rodents. Kevin Cornacchio informed Mr. Ruggiere that the Board of Health could better address those issues. • Frank Taormina noted that Mayor Driscoll has established a task force to deal with neighborhood issues. Page 2 of 12 . Mr. Ruggiere stated that he feels that the outfield fencing cover should be more aesthetically pleasing and suggested vine or ivy. Frank Taormina explained the areas on the plan that are not in the jurisdiction of the Commission. Joseph Donavan of Salem State College addressed the Commission and stated that the college is planning another meeting on the landscaping issues the week of June 5`". He noted that the notices would be sent out next week. Kevin Cornacchio suggested that the Commission schedule a site visit. He also asked Frank Taormina to start the peer review process. Frank then asked the Commission what they want to have reviewed. Keith Glidden suggested that the stormwater management calculations should be reviewed. David Pabich noted that he originally had concerns about the glass landfill cap but noted that DEP would be overseeing and reviewing that portion of the permitting. The Commission will hold a site visit on Thursday, June 1, 2006 at 6:00 p.m. It was suggested that they meet at the central campus residence hall near the Enterprise Center. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to June 8, 2006, seconded by Kevin Carr and approved (6-0). • Continuation of Public Hearing - Notice of Intent - 2 Cedarview Street - Karen Venezia - Discussion on the Construction of a Stone Retaining Wall within a Riverfront Area Kevin Cornacchio read a letter from the applicant requesting that the matter be continued to June 8, 2006. Keith Glidden moved to continue the public hearing for 2 Cedarview Street - Karen Venezia to June 8, 2006, seconded by David Pabich and approved (6-0). Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation— DEP #64-409—Leo Higgins. 24 Eagan Place, Peabody, MA 01960—The purpose of this hearing is for a determination of a delineated wetland boundary line off of Story Street. John Dick addressed the Commission and noted that the Commission held a site visit last night. He stated that they have looked at the Bordering Land Subject Flooding as defined and is approximately 1,030 feet and that is at best a conservative estimate and noted that there are two other areas of flooding that he estimates are 600 and 807 s.f way below any sort of rational threshold. He also stated that they do not know what the limits of the bordering land subject to flooding are and noted that they are not going to be point of access or developed. He noted that his client is only looking for the approval of Bordering Vegetated Wetland (BVW)and the • clarification of whether the watercourse is a perennial or an intermittent stream is not relevant at this time. Page 3 of 12 • Frank Taormina stated that at the site visit the only portion of the delineation he was concerned with was the Bordering Land Subject to Flooding area. David Pabich stated that he feels that there will be some far reaching consequences. John Dick stated that it is not a BVW and noted that the Bordering Land Subject to Flooding (BLSF). He identified the vegetation that exists in the BLSF area and stated that if he were to remove the invasive species mow it down and keep it that way for a year or so, it will probably revert to a BVW. He also noted that there is no regulation regarding Land Subject to Flooding of any variety and all they want to know is if they flagged the BVW correctly. Frank Taormina noted that there is a hydrologic connection but agrees that in its current state it would very likely be Boarding Land Subject to Flooding and not Boarding Vegetated Wetland. Kevin Cornacchio opened the hearing up for public comment at this time. Councilor-at-Large Joan Lovely addressed the Commission and noted that she is not here as a city councilor but as a concerned direct abutter. She noted that there are a number of neighbors present this evening and questioned when they would address the intermittent stream/perennial stream issue. Frank Taormina explained that the applicant is only requesting that the commission approve the BVW wetland line. He explained the ANRAD Application process and noted that the determination of the watercourse could be part of this approval • process but the applicant has agreed that if they propose to develop this area they would need to return to the Commission and file a Notice of Intent Application and determine what type of watercourse it is then, in order for the commission to determine what there jurisdiction in this area is. Louisa of Read Street addressed the Commission and stated that she grew up in that neighborhood and she never saw the stream dry. John Buonfigilo of 28 Read Street addressed the Commission and expressed his concern about flooding in the area. 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 (6-0). Joe Furnari moved to accept the Resource Area Delineation as submitted, seconded by Keith Glidden and approved unanimously (6-0). Continuation of Public Hearing - Notice of Intent - Pasauanna Developers, Inc. - 31 Collins Terrace, Lynn. MA. - Activities Associated with the Implementation of a Release Abatement Measure (RAM) Plan within the buffer zone to a coastal bank and Riverfront Area at 18 Thorndike Street Joe Orzel of Gulf of Maine addressed the Commission and stated that since the last • meeting they have walked the site with Frank Taormina and have prepared a design- sampling plan to better delineate the extent of the work. He stated that next week they will be sampling and should receive the results about 9 weeks later and they Page 4 of 12 • will be able to better determine the extent of the work. Frank Taormina reported on the site visit and stated that he viewed the erosion control measures along the coastal bank, identified all the monitoring wells on site, and test pit areas. Patrick DeIulis addressed the Commission and noted that Frank observed the riprap wall and he doesn't think that the initial concerns about this are a problem. He also noted that the coastal bank is armored and they will be testing about 15 feet from the coastal bank and they have installed hay bales for erosion control. Frank Taormina suggested that they although he observed the hay bale line they should show it on the site plans. Kevin Cornacchio opened the hearing for public comment and 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 June 8, 2006, seconded by Kevin Carr and approved (6-0). Continuation of Public Hearing Notice of Intent - DEP File #64-385 - Dan Hibbard - AAA Tree Services- Pr000sed Site Work Within the Buffer Zone to an Inland Bank and Bordering Vegetated Wetland at 120 Swampscott Road • Kevin Cornacchio read a letter from Attorney Patrick DeIulis on behalf of the Mongello's, requesting that the application be withdrawn without prejudice. Joe Orzel stated that it is at the discretion of the Commission and noted that the violation took place two years ago and a lot of vegetation is starting to grow back and it is native wetland vegetation. Michael Blier stated that the area looks pretty good in general. He noted one area going down to the brook that has not healed. He also noted that some stuff that his there may have been there prior to the violation. Kevin Carr stated that this is an uncomfortable issue as the Commission has issued an Enforcement Order on the property but noted that the Mongello's have been cooperative and he does not feel that mitigation is necessary. Keith Glidden noted that the site is not the prettiest site in the world and questioned doing anything on the site at this point. He stated that he would rather wait until someone develops it and get a full shot at fixing the area. David Pabich agreed that the site did heal but noted that a violation did occur and the reason that it healed is because two years went by. He stated that he is concerned about setting a precedent and suggested that they should vegetate the slope to some degree. • Frank Taormina agreed that the site has healed and agrees with the concern about setting a precedent. He also noted that the Commission could consider fines as an alternative. Page 5 of 12 • David Pabich noted that it is a difficult situation. Michael Blier noted that it has been two years and going in there now might cause more harm than good. Joe Furnari noted that as a Commission they allowed it to continue should have dealt with the violations earlier. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this project. Joe Furnari moved to allow the application to be withdrawn without prejudice, seconded by Kevin Carr and approved unanimously (6-0). Continuation of Public Hearing - Request for Determination of Applicability - Angelo Mongello - Determination of Work Involving the Installation of a Small Sewer Grinder Pump Station to Service Five Existing Homes at 120 Swampscott Road Scott Patrowicz addressed the Commission and noted that a site visit was held and asked if the Commission has any concerns or questions. Kevin Cornacchio stated that it is straightforward. • 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 Kevin Carr and approved. Joe Furnari moved to issue a Negative Determination 3 for the installation of a small sewer grinder pump station at 120 Swampscott Road, seconded by David Pabich and approved unanimously (6-0). Continuation of Public Hearing - Notice of Intent - YMCA of the North Shore - Proposed Construction of a New YMCA Facility and Associated Appurtenances and a Proposed Subdivision Roadway for Future House Lots. Portions of Which are in a Buffer Zone to an Inland Bank. off Leggs Hill Road. Attorney George Atkins addressed the Commission and explained that a site visit was held and there were some issues raised that they would like to address. Attorney Atkins noted that there was a question regarding the 20-foot No Build no Disturb Zone along the pond side of the project. He reviewed the grading of the site within the buffer zone and noted that the lots will be sold off by the YMCA and the owners will have to come back to the Commission for approvals and that can be addressed at that time. He suggested that language for this approval could be crafted regarding that. • Attorney Atkins also noted that there was a concern about the preservation of trees and suggested that again, language can be crafted requiring them to designate trees Page 6 of 12 • of certain sizes on the site. Matt Varrell addressed the Commission and stated that at the last meeting they had not been issued a DEP file number. He noted that the number has been issued and it is 64-420. Mr. Varrell noted that they have revised the operations and maintenance plan for the site and reviewed the highlights of the plan noting that some of it may overlap with the Planning Board. Attorney Atkins noted that the City Engineer reduced the maintenance plan that the city would be responsible for and he hopes that does not change. Kevin Cornacchio stated that he has a concern about who will maintain the catch basin. The Commission reviewed comments from DEP via an email from Nancy White. Ms. White's comments were regarding the grading for approximate house footprints needs to be provided on the plans. She also noted that it appears that lots 2, 3, & 4 will need additional grading beyond the 60-foot contour and suggested that they provide all disturbances below and above this contour. DEP noted that the proposed design for the drainage area 1 diverts flow from the pond. DEP also questioned what would be the potential ramifications to the resource area from this reduced runoff. DEP suggested that they provide ownership of the • Operations and Maintenance Plan and the locations of the snow stockpile locations on the plan. Mr. Varell explained that the proposed design for the drainage area diverts flow from the pavement and noted that the potential ramifications to the residential area will be reduced runoff. Mr. Varell reviewed the drainage calculations and noted that the water is reduced slightly from the current conditions. Frank Taormina noted that the DEP comments mentioned meeting the standard. Mr. Varrell stated that there will be far less water hitting the resource area. He also noted that the regulations only address the rate of runoff and not volume. Mr. Varell stated that whoever buys the lots is going to have to come to the Commission for approval and they are not asking for the lots to be approved as building lots. He also noted that the grading for the house lots is not included in the is approval as well. David Pabich noted that a good percentage of what is going to be there is going to be established. , David Pabich also noted that they should deal with the retaining wall and the 20-foot no build no disturb zone (NDZ). He also noted that the larger trees should stay, as they are harder to replace whereas the smaller trees can be replaced. He suggested a 20-25 foot NDZ and recommended that they try to save the two large trees. • David Pabich suggested that they could place deed restrictions on the sites or a conservation easement would be best for future dealing with individual owners. Attorney Atkins stated that they would have no problem with that. He also stated Page 7 of 12 • that they could mark the trees and have the conservation agent review them. Mr. Varell stated that the retaining wall could be built from the up gradient side and the trees that are to be preserved will be identified. Frank Taormina suggested that they design the retaining wall and mark it out so that the Commission can review what type of vegetation will need to be removed. He also suggested that they look at the site again to determine which vegetation is worth saving. Mr. Varell stated that 90% of the species out there are invasive low quality and it would be a much different situation if this were a pristine site and he is not sure that the site fits that model. Attorney Atkins suggested that they would take a condition prohibiting any work on the site in area until they mark the trees and the Conservation Agent approves them. David Pabich suggested that they survey the condition of a 25-foot NDZ and propose a planting plan. Attorney Atkins stated that they would put something together. Kevin Cornacchio opened the hearing up for public comment at this time. Robert Bouchard addressed the Commission and expressed his concerns about there is a subdivision proposed for the site and they are not reviewing the entire infrastructure for it. • Attorney Atkins explained that this is application includes the construction of everything (roads, sewer, water, catch basins, stormwater management systems, the YMCA, parking lots, landscaping, grading, etc, everything expect for the construction of the homes. Attorney Atkins noted that the Planning Board accepts the position of the roads. Mr. Bouchard stated that he is concerned about the drainage on the site stating that if not enough water is discharged to the pond it will have a negative impact. Frank Taormina suggested that they mark the toe of the slope and the Commission will review that. Attorney Atkins stated that he would craft a condition for the 20-foot conservation easement that will be a separate document for the Commission to consider. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to June 8, 2006, seconded by Keith Glidden and approved (6-0). The Commission will hold a site visit on June 1, 2006 at 7:00 p.m. Public Hearing- Notice of Intent - Salem State College - Harrison Road - Proposed Parking Lot Drainage Improvements at the Harrington Hall Parking Area. • Kevin Cornacchio read the Legal Notice that was published in the Salem News. Page 8 of 12 • Jeff Malloy addressed the Commission and explained the plans for the proposed Parking Lot Drainage Improvements at the Harrington Hall Parking Area portions of which are located within a Riverfront Area and the buffer zone of Salt Marsh and a BVW. Rick Gorman of Judith Nitshe Associates addressed the Commission and explained that there are four leeching catch basins and they did some test bits and perk tests and found that the soil will not perk. He explained that they are proposing to re- grade the center of the parking area by lifting it up 12 inches and installing a pipe to a new vortex water quality treatment system and then connect to the existing outfall structure. He also noted that they would be upgrading the existing pipe to 15 inches and rebuild the headwall. He also noted that they expect that they will still have 4 inches of standing water in the parking lot during an extreme storm event, but the area will drain much faster then the current conditions. Kevin Cornacchio stated that it is a good project that needs to be done. David Pabich asked if they are going to have basins along the perimeter of the parking lot. Rick Gorman explained the plan. 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 June 8, 2006, seconded by • Kevin Carr and approved (6-0). The Commission will hold a site visit on June 1, 2006 at 5:30 p.m. Public Hearing - Notice of Intent - Mario Scire - Proposed Construction of a Driveway, Utilities. and Single Family Home at 18 Freeman Road Kevin Cornacchio read the Legal Notice that was published in the Salem News. Attorney Jack Keilty addressed the Commission and explained that they are proposing to develop a single-family lot on Freeman Road. He explained that the Commission in 1991 approved the same plan and they have filed a similar plan. He explained that the resource area they are proposing a 300 s.f. replication area and a 450 s.f. turnaround. He explained the plans and noted that silt fences and hay bales are planned for erosion control. He also noted that they are proposing to place boulders on the site to demarcate the limit of work and a distinct no build no disturb zone. Chris Mello addressed the Commission and explained the grading. He noted that they are proposing a retaining wall at the edge of the driveway and it is shown on the plan. He also noted that they would be filling the outside edge to make room for the driveway. He also noted that the turnaround area at the head of the street shown on the plan is really additional parking. • David Pabich asked if they are planning to grub loam and seed anything not in the resource area. Mr. Mello stated that it would be on the building side. He also noted that the wetland flags are where the driveway is staked. Page 9 of 12 • 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 June 8, 2006, seconded by Kevin Carr and approved (6-0). Public Hearing - Notice of Intent - Osborne Hills Realty Trust - Proposed Construction of a Roadway. Utilities and Stormwater Management Facilities for a 129 Lot Subdivision off Marlborough Road Kevin Cornacchio read the Legal Notice that was published in the Salem News. Attorney Brian McGrail addressed the Commission and explained the history of the project. He noted that they have been before the Planning Board since mid 2004 with a cluster subdivision proposal. He explained that due to changes in the make up of the Planning Board that they withdrew and refiled in 2005 and they feel comfortable where they stand now. Attorney McGrail explained that they feel that there is a significant benefit to the city with this plan, as 96 acres of open space will be preserved with a trail system that has been designed by Epsilon Associates. • Jim McDowell of Eastern Land Survey addressed the Commission and explained the plan. He noted that the plan consists of 162 acres and 129 house lots. He explained the location of the wetland areas and noted the areas on the plan. Mr. McDowell also explained the roadways and the bridge and truss system, the bridge crossing and the replication area. He also noted that there would be no impact on the wetland as a result of the utility construction. Mr. McDowell explained the stormwater management plan and noted that it is designed with full compliance of the DEP stormwater regulations. He reviewed the plan and explained the stormwater management plan. He also noted that this NOI is only for the construction of the roadway and the stormwater management system. He noted that they will be filing for the houses under a separate filing for the houses in the buffer zone. Mr. McDowell explained that the total wetland alteration is 3,580 s.f and they are replicating 5,400 s.f. He noted that the narrative in the proposal has information on the erosion control, dewatering, and the replication plan. Mr. McDowell noted that a peer review has been done on the stormwater calculations and no noticeable changes have been found. Keith Glidden asked if they have the specifications for the bridge spans, noting his concern would be if the wetlands would get enough daylight. Mr. McDowell stated that they will be using the steadfast system and both of the bridges will be 15-18 • feet above the wetland surface so that should not be an issue. He stated that he will talk to the consultant regarding that. He also noted that it has been designed in accordance with the new stream crossing standards issued by the Army Corp. of Page 10 of 12 • Engineers and DEP. Frank Taormina asked where the replication areas are. Mr. McDowell noted that locations on the plan. Kevin Cornacchio stated that he would be concerned about the pipes under the bridge freezing in the winter. Mr. McDowell explained that the pipes would be insulated. Attorney McGrail stated that they will need to have a discussion with the Commission on the open space and the possibility of turning it over to the care and custody of the Salem Conservation Commission. Chris Mello explained the trail system on the plan. Frank Taormina noted that the Planning Board has requested signage on the trails. Chris Mello stated that it has been talked about but they have not decided anything. Michael Blier asked if the stormwater calculations include the house lots. Mr. McDowell stated that they would be included in the calculations for the build out. Kevin Cornacchio opened the hearing up for public comment at this time. Patricia LiBerti of 3 Lions Lane addressed the Commission and expressed her concern about the marking of the trail system and suggested that it should be marked according to the level of difficulty. She also stated that it is good to see the city • getting some of the land back as open space. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to June 8, 2006, seconded by David Pabich and approved (6-0). Request for Certificate of Compliance—DEP #64-381-103 Marlborough Road Paul DiBiase, Osborne Hills Realty Trust Frank Taormina reviewed the plan and recommended approval of a Partial Certificate of Completion. Joe Furnari moved to approve the Partial Certificate of Compliance for 103 Marlborough Road, seconded by Kevin Carr and approved (6-0). Request for Certificate of Compliance—DEP #64-380—Planters Street & Waite Street, Massachusetts Electric Company (dba) National Grid Joe Furnari moved to approve a full Certificate of Compliance for Planters Street & Waite Street, Massachusetts Electric Company (dba) National Grid, seconded by Kevin Carr and approved (6-0). Request for Certificate of Compliance—DEP #64-348-24 Fort Avenue, Dominion Energy Salem Harbor Station • Kevin Cornacchio recused himself from discussion of this matter and Joe Furnari assumed the chair. Page 11 of 12 • Frank Taormina explained the request, that the Order of Conditions has expired and that the work was never started, so Dominion is requesting a Certificate of Compliance for an Invalid Order of Conditions. David Pabich moved to issue a Certificate of Compliance for an Invalid Order of Conditions to Dominion Energy, Salem Harbor Station, seconded by Keith Glidden and approved (5-0-1) with Kevin Cornacchio recused. Riverfront Restoration Plan - DEP File # 64-410 - 96 Swampscott Road Frank Taormina explained that the applicant has submitted the Restoration Plan for 96 Swampscott Road. Joe Furnari moved to approve the restoration plan for 96 Swampscott Road, seconded by Kevin Carr and approved (6-0). Notice of Proiect Change DEP File #64-404 1 Smith Street The Commission reviewed the Notice of Project Change and agreed that the change is not significant and does not require any filing, and that the existing Order of Conditions is adequate enough to include this minor change. Joe Furnari moved to approve the Notice of Project Change for 1 Smith Street seconded by David Pabich and approved (6-0). Adjournment • 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 Kevin Carr and approved (6-0). The meeting was adjourned at 10:45 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC052506 Page 12 of 12 C� �y CITY OF SALEM C11Y OF SALEM MA CLERK'S.OFFIGE ' I s CONSERVATION COMMISSION 7_44 11w q' 33 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,June 8, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. C-*1WeC4 e 5f7Clornl.o, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—May 25,2006 2. Continuation of Public Hearing—Notice of Intent—DEP#64-414—Salem State College, 352 Lafayette Street, Salem, MA. The purpose of the hearing is to discuss the proposed construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the existing baseball field (Jackman Field)at 71 Loring Avenue. The project will occur in a Riverfront Area,Land Subject to Coastal Storm Flowage,Coastal • Bank, and buffer zone to a Costal Bank. 3. Continuation of Public Hearing—Notice of Intent—DEP#64-416—Karen Venezia, 2 Cedarview Street, Salem, MA. The purpose of this hearing is to discuss the construction of a'stone retaining wall within a Riverfront Area at 2 Cedarview Street. 4. Continuation of Public Hearing—Notice of Intent—DEP #64-417—Mario Scire, 23 Arrowhead Drive, Saugus,MA 01906. The purpose of the hearing is to discuss the proposed construction of a driveway,utilities, and single-family home at 18 Freeman Road. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-413—Pasquanna Developers,Inc.,31 Collins Street Terrace, Lynn MA 01902. The purpose of the hearing is to discuss the activities associates with the implementation of a Release Abatement Measure (RAM) Plan within a Buffer Zone to Costal Bank and Riverfront Area at 18 Thomdike Street. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-419—Salem State College, 352 Lafayette Street, Salem, MA 01970. The purpose of the hearing is to discuss the proposed parking lot drainage improvements at the Harrington Hall parking lot, Harrison Road (Salem State College's South Campus). Portions of the project will occur within a Riverfront Area and the buffer zone of Salt Marsh and BV W. 7. Continuation of Public Hearing—Notice of Intent—DEP#64.420—YMCA of the North Shore,245 Cabot Street, Beverly, Ma 01915. The purpose of this hearing is to discuss the proposed construction of a new YMCA facility and associated appurtenances,and a proposed subdivision roadway for future house lots off of • Leggs Hill Road. Potions of this proposal occur within a Buffer Zone to and Inland Bank. Page 1 of 2 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 9 TEL: 978.745.9595 Fax: 978.740.0404 0 W WW.SALEM.COM r • 8. Continuation of Public Hearing—Notice of Intent—DEP#64-418—Osbome Hills Realty Trust,P.O Box 780,Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed construction of a roadway, utilities, and stormwater management facilities for a 129-lot subdivision off of Marlborough Road. 9. Public Hearing—Notice of Intent—George&Gail Fialho,40 Clark Street,Salem,MA. The purpose of the hearing is to discuss the proposed slope stabilization within a buffer zone to a BVW at 40 Clark Street. 10. Old/New Business— This nVoce posted on "OtNcial Bp etln Bo b Clty all Ave., Salem, Mass. on39 SIM `q at 33 0) in a000rden" With 23A B 23B of M.G.L. Page 2 of 2 • Salem Conservation Commission Minutes of Meeting Thursday, June 8, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, June 8, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Kevin Carr, David Pabich, Keith Glidden, and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: Joe Furnari Approval of Minutes The minutes of the Salem Conservation Commission meeting held on May 25, 2006 were presented for approval. Keith Glidden moved approval, seconded David Pabich and approved (5-0). Continuation of Public Hearing - Notice of Intent - Salem State College - Proposed Construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cao and the Existing Baseball Field (Jackman Field) - 71 Loring Avenue • The Commission reviewed the proposals for the peer review of the project. The companies that responded to the Request for Quotations (RFQ) were Camp, Dresser, and McKee (CDM) and Tetra Tech EC, Inc. Frank Taormina noted that there is a big disparity between the two estimates. Frank explained that Tetra Tech is a national company and he verified with them that the price on the proposal of $2,750.00 is correct. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to award the contract for the peer review of the Salem State College Baseball Field Engineering plans to Tetra Tech, Seconded by David Pabich and approved (5-0) 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 explained that next steps to the commission and to the college and recommended that the public hearing be continued until the peer review has been completed and that the hired consultants would report their findings at the July 13`h Meeting. There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to July 13, 2006, seconded by Kevin Carr and approved (6-0). • Continuation of Public Hearing - Notice of Intent - 2 Cedarview Street - Karen Venezia - Discussion on the Construction of a Stone Retaining Wall within a Riverfront Area Page 1 of 7 • Kevin Cornacchio read a letter from the applicant requesting that the matter be continued to June 22, 2006. Keith Glidden moved to continue the public hearing for 2 Cedarview Street - Karen Venezia to June 22, 2006, seconded by David Pabich and approved (6-0). Public Hearing- Notice of Intent - Salem State College - Harrison Road - Proposed Parking Lot Drainage Improvements at the Harrington Hall Parking Area Rick Gorman addressed the Commission and noted that a site walk was held and as a result they have submitted a revised plan. He reviewed the revised plans and noted that they are adding drainage and will be extending the guard rail and extending the rip rap replication up further. David Pabich expressed concern about the eroded bank and suggested that the remove the accumulated rip rap and replace it. Mr. Gorman explained the plans and noted that they would be left with a small area that sheets off the back of the property. He also noted that they would look at the outfall pipe and maintain it if needed. Kevin Cornacchio opened the hearing up for public comment at this time. James Harrington addressed the Commission and asked where the roof runoff from the dorms would go. Mr. Gorman explained the drainage plans to him. • David Pabich noted that on the site visit he noticed that the roof leaders go into the ground. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Keith Glidden and approved (5-0) David Pabich moved to issue and Order of Conditions for Salem State College - Harrison Road - Proposed Parking Lot Drainage Improvements at the Harrington Hall Parking Area, seconded by Keith Glidden and approved (5-0) Continuation of Public Hearing - Notice of Intent - Pasguanna Developers Inc - 31 Collins Terrace, Lynn. MA - Activities Associated with the Implementation of a Release Abatement Measure (RAM) Plan within the buffer zone to a coastal bank and Riverfront Area at 18 Thorndike Street Kevin Cornacchio read a letter from Joe Orzel requesting that the matter be continued to June 22, 2006. David Pabich moved to continue the public hearing to June 22, 2006,s seconded by Kevin Carr and approved (5-0). Public Hearing - Notice of Intent - Mario Scire - Proposed Construction of a Driveway, Utilities. and Single Family Home at 18 Freeman Road • Atty. Jack Keilty addressed the Commission and noted that the Commission was to have visited the site individually and asked if the members had any questions. He Page 2 of 7 • also noted that they have no objection to the same Order of Conditions that was previously issued and they would accept a condition that the houses have a sprinkler system. Kevin Cornacchio asked if the plan was different from the original. Chris Mello noted that they have added a retaining wall to the back of the driveway. Kevin Cornacchio asked if the flags on the site are true to the wetland. Chris Mello noted that Mary Rimmer flagged the site in March of 2006. Kevin Cornacchio noted that he saw a lot of water on the site. Chris Mello explained that it is usually pretty dry and noted that we have had a lot of rain in the past few weeks. Kevin Cornacchio asked if they are planning on a full basement. Chris Mello stated that they will do a slab at the garage level and build a raised ranch. Frank Taormina asked about the grading in the rear of the site. Chris Mello stated that they would have a 10-foot pour walk out from the second floor. David Pabich noted that there is a stockpile in the front of the property. Chris Mello stated that they will remove that to build the replication area and will loam and seed it when it is completed. David Pabich suggested that they use a conservation mix of seed. • David Pabich also questioned how the water drains from the street. Chris Mello stated that the water drains out to Highland Avenue. Frank Taormina asked if the crossing of the intermittent stream met the Stream Crossing Standards set by the US Army Corps. Chris Mello explained that the culvert has been sized to meet bankfull width and other requirements set by the Stream Crossing Standards. 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 matte a motion was made by Keith Glidden to close the public hearing, seconded by Kevin Carr and approved (5-0). Keith Glidden moved to issue an Order of Conditions with Special Conditons for 18 Freeman Road, seconded by David Pabich and approved (5-0) Special Conditions: 1. When the debris pile is moved from the site the area shall be planted with a conservation mix of seed. Continuation of Public Hearing - Notice of Intent - YMCA of the North Shore - • Proposed Construction of a New YMCA Facility and Associated Appurtenances and a Proposed Subdivision Roadway for Future House Lots. Portions of Which are in a Buffer Zone to an Inland Bank. off Leoos Hill Road Page 3 of 7 • Atty. George Atkins addressed the Commission and explained that the Commission held a site visit on the same night that they met with the Planning Board. He explained that the Fire Department wants a road at the end of the cul-de-sac to the building. He noted that they have redesigned the plan and provided new drainage calculations. Atty. Atkins also explained that some trees are a concern relative to the location of the retaining wall. Atty. Atkins also noted that he has prepared a Conservation Restriction for the site that must be approved by the Conservation Commission and the City Council. Atty. Atkins reviewed the changes to the plans. He noted that the plans now include an 18 foot wide fire access lane which will increase the impervious surface on the site by 8,000 s.f. He reviewed the calculations and the revised plans. Kevin Cornacchio asked of the access road would be gated or open. Atty. Atkins stated that it would be gated in one location and signage would be placed at the other end. Atty. Atkins stated that the fire department is basing the decision on requiring the road on policy and not regulations. Michael Blier asked if they recalculated the additional volume and the velocity of the slope. Mr. Nowak explained that the drainage pattern. • Mr. Varrell also noted that the Commission asked them to look at changing the location of the outfall pipe and noted that it is not feasible and they are proposing to build and extension with a level spreader and explained the location and the area on the plan. He noted that it would be easier to access for maintenance reasons as well. David Pabich asked if they would have a utility easement. Mr. Varrell stated that they would within the setbacks. Matt Varrell explained the locations of the trees in the eastern end of the site closer to Leggs Hill Road. He noted that they pulled the grading back and they will have no impact on the Aspen and reviewed the location of the retaining wall. Frank Taormina asked about the outfall in the access road. Mr. Verrell explained that it will be treated and go through a storm septor. The water discharged from that outlet pipe comes from the YMCA Parking lot. David Pabich suggested that it would make sense to introduce a third catch basin to pick up the flow before it goes to the cul-de-sac. Mr. Verrell stated that there is not a tremendous amount of water and further noted that they originally had a basin in that location and the city engineer asked them to take it out. He also noted that if the Commission feels the need for a catch basin in that area it is not a problem for them. Atty. Atkins addressed the Commission and noted that the access road that the fire . department is requesting is adding $150,000 to the price of the project. David Pabich explained that he is concerned about defects in sidewalks or curbing Page 4 of 7 • and stated that if the flow does not make it back to the basins all that will be stopping the water is the curbs and sidewalk. He stated that he would like to see a better attempt made to get the water to the basins. Mr. Verrell stated that it is a small area and they will probably pick up about 6,000-8,000 cubic feet of water. He suggested that they install double catch basins to pick up more water. Atty. Atkins stated that if the double catch basins would satisfy the concern they would agree to that. Kevin Cornacchio opened the hearing up for public comment at this time. Robert Bouchard addressed the Commission and expressed his concern about the catch basins. He stated that he thought that the road would be handling too much water and he is also concerned about the sewer backing up. 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 (5-0) Keith Glidden moved to issue an Order of Conditions with Special Conditions, seconded by Kevin Carr and approved(5-0). Special Conditions: 1. Double catch basins shall be installed in place of the catch basins in the cul-de- sac. 2. Wetlands Restoration mat shall be installed over the embankment restoration areas. 3. Wetlands markers shall be placed on the site 4. Conservation Restriction needs signature of chairman Public Hearing - Notice of Intent - Osborne Hills Realty Trust - Proposed Construction of a Roadway. Utilities and Stormwater Management Facilities for a 129 Lot Subdivision off Marlborough Road Jim McDowell addressed the Commission and gave them some information on prefabricated bridge structures for them to review. He noted that the distributor has offered to attend a meeting to answer questions. Mr. McDowell asked if the Commission has any questions on the project. Kevin Cornacchio asked if the utilities would be underground. Mr. McDowell noted that all utilities are underground. Kevin Cornacchio asked who would maintain the footbridges and trails. Bill Luster explained that they have had discussions with the Planning Department about deeding them to the city o f Salem. He explained that the city planner hopes that the land will be deeded to the city and the developer would like to, He also noted that Epsilon is proposing some self maintaining trails for the site that are without • pavement. David Pabich stated that he feels that they will suffer a fair amount of loss of Page 5 of 7 • vegetation and recommended additional replication since they will have the tools in place for the replication. Michael Blier stated that in general it seems like a smart plan. Kevin Carr agreed noting that he thinks it is a well thought out plan. Chris Mello explained that they will be building the site in phases and explained the locations on the plan. He also suggested that they would apply for partial certificates of compliance as they go along and that would be a cleaner way to keep track of it. 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 Kevin Carr to continue the public hearing to June 22, 2006, seconded by David Pabich and approved (6-0). Public Hearing Notice of Intent - 40 Clark Street - George Fialho Scott Patrowicz addressed the Commission and explained that the applicant is proposing slope stabilization within a buffer zone to a BVW. He explained the location of the house and reviewed the plans. He noted that there is a wet area in the back of the property. He explained that the owner noticed that the slope is falling off the back of the yard. He also explained that his client was unaware of the • wetlands protection act and that he brought in fill to try to stabilize the slope. He explained that Frank Taormina went out there prior to issuing an Enforcement Order and required the Fialho's to installed hay bales and silt fencing at the toe of the slope. He also noted that they are keeping an eye on the site and so far there is no erosion into the wetland. Mr. Patrowicz explained that his client proposes to create a permanent slope and clean up the area. He noted that they have arrested the erosion and they are proposing to transition the gully for a softer transition. Mr. Patrowicz also noted that the applicant has talked to his neighbors and they do not have a problem with the work being done. He also noted that they have signed the plan that they are in agreement. He reviewed the plan and noted that the Commission will see clearly what the site is at a site visit. Frank Taormina agreed noting it is obvious where the wetland is. Mr. Patrowicz noted that DEP submitted comments on this project and stated that the slope must be 3:1 instead of the proposed 2:1, and he would need to rework the slope to achieve that ratio. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment on this matter. Kevin Cornacchio suggested that the Commission visit the site before the next meeting on June 22, 2006. The Commission will visit the site at 5:00 p.m. on June • 22, 2006. There being no further questions or comments regarding this matter a motion was Page 6 of 7 • made by Keith Glidden to continue the public hearing to June 22, 2006, seconded by Kevin Carr and approved (5-0). Old_/ New Business 7 Laurier Road - Tremblay Frank Taormina updated the Commission on the condition at 7 Laurier Road and noted that Mr. Tremblay has hired a wetland specialist and will be filing to Amend his Order of Conditions for the patio and deck and will be submitting a Planting and Replication Plan soon for the illegal filling of wetlands. 31 Ravenna Avenue Frank Taormina informed the Commission that he gave the applicant until June 19, 2006 to file or fines will be imposed. Frank agreed to call the residents at week prior to the deadline and remind them of the situation. Adjournment 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 Kevin Carr and approved (6-0). • The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC060806 • Page 7 of 7 0 CITY OF SALEM CONSERVATION COMMISSION 0 NOTICE OF MEETING z T vicn You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meetirgg bn Thursday, June 22, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. D m _3 m3 D Kevin P. Cornacchio, - Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—June 8,2006 2. Public Hearing—Notice of Intent—The City of Salem, 120 Washington Street,Salem,MA. The purpose of this hearing is to discuss improvements to and existing embankment within a buffer zone to an inland bank and to install a check valve on the existing outfall pipe at Brook Street. • 3. Continuation of Public Hearing—Notice of Intent—DEP#64-416—Karen Venezia, 2 Cedarview Street, Salem, MA. The purpose of this hearing is to discuss the construction of a stone retaining wall within a Riverfront Area at 2 Cedarview Street. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-421—George&Gail Fialho,40 Clark Street, Salem, MA. The purpose of the hearing is to discuss the proposed slope stabilization within a buffer zone to a BVW at 40 Clark Street. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-413—Pasquanna Developers,Inc.,31 Collins Street Terrace, Lynn MA 01902. The purpose of the hearing is to discuss the activities associates with the implementation of a Release Abatement Measure (RAM) Plan within a Buffer Zone to Costal Bank and Riverfront Area at 18 Thorndike Street. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-418—Osborne Hills Realty Trust,P.O Box 780,Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed construction of a roadway, utilities, and stormwater management facilities for a 129-lot subdivision off of Marlborough Road. 7. Public Hearing—Notice of Intent—Richard & Susan Bresnahan, 60 Bay View Avenue, Salem, MA. The purpose of this hearing is to discuss repairs to an existing granite seawall within a Coastal Beach,Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storm Flowage at 60 Bay View Avenue. 8. Old/New Business— • Uslc notlo postad on "Official Bulletin Board" Clty Hall Ave. Salem, mass. on JUN 1 s 2006 tit //��9/Jl in accorderw with �F. 39 f & 33-Z 339 of M.G.L. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 . WWW.SALEM.COM e • Salem Conservation Commission Minutes of Meeting Thursday, June 22, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, June 22, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Kevin Carr, David Pabich, Keith Glidden, and Michael Blier. Also present was Frank Taormina, Conservation Administrator and Eileen Sacco, Clerk Members absent: Joe Furnari Approval of Minutes The minutes of the Salem Conservation Commission meeting held on June 8, 2006 were presented for approval. Kevin Carr moved approval, seconded David Pabich and approved (5-0). Public Hearing - Notice of Intent - City of Salem, MA. - Improvements to Existing Embankment Within a Buffer Zone to an Inland Bank and Install Check Valve on the Existing Outfall Pipe at Brook Street Kevin Cornacchio read a letter from Bruce Thibodeau regarding the project and noted • that there would be a public meeting, held by the City Engineer regarding the problems in this area. He noted that the meeting will be held on July 19, 2006 at 6:00 p.m. Kevin Cornacchio also read a letter from City Council President Jean Pelletier. Frank Taormina introduced Mr. Harrington who is the consultant for the city on this project to explain the project. Mr. Harrington addressed the Commission and explained that they are proposing to fill in several areas along the bank of the South River that is susceptible to flooding. He noted that they are proposing to plug the outfall pipe with the check valve and remove lawn area a fill it with 6 inches of silt clay. David Pabich asked if this was a temporary measure to address the flooding noting that the last solution didn't work very well. Mr. Harrington stated that they are removing some vegetation that is creating the backup. Keith Glidden noted that a topography map would be helpful. Mr. Harrington explained that the topo would not be all that helpful noting that 10 foot intervals was as close as he could get. David Pabich noted that the drainage system was designed in 1966 and the plans called for a berm. He recommended that the city should work towards repairing the site to be what it was intended to be noting that they might as well do the work that • was intended. Michael Blier questioned why the work was never completed. Frank Taormina stated Page 1 of 8 • that it is hard to tell why the work was not done because it was 40 years ago. Fred Votta addressed the Commission and explained that the berm that starts behind 214 Jefferson Avenue runs north and noted that the berm was never breeched. He noted that the area is the most secure area in the neighborhood. He also stated that he has the plans that were developed by CDM and explained when the area was built. He also proceeded to voice his concerns about the neighborhood. Kevin Cornacchio informed Mr. Votta that his concerns would be addressed at the neighborhood meeting that is scheduled for the ig`h of July. Mr. Harrington explained that they are proposing to remove the fill, add an impervious layer, put down some top soil, seed the area and bring it to the existing berm. David Pabich questions if the area has low spots due to erosion or because of something else. City Councillor Joan Lovely addressed the Commission and stated that it is because of both and noted that one area has no berm. Fred Votta stated that they have been hit hard in the last ten years and it is the city's responsibility to take care of the problem. He also noted that he received word today that additional mitigation money is available from the state for flood victims. Keith Glidden stated that he would like to see erosion control measures proposed such as hay bales and a siltation fence. Michael Blier requested that a cross section of the area be provided to the • Commission. David Pabich stated that the plans are underwhelming. Michael Blier stated that he thinks it is a credible plan and that it is hard to control the extent of the project if they don't show the extent of the damage. Mr. Harrington stated that it is up to the Conservation Commission to determine if a full set of plans is necessary. Michael Blier stated that as long as they can control what goes into the wetland he has not problem with it. Frank Taormina informed the Commission that this is a band-aid approach for smaller storm events. He also noted that Mr. Thibodeau's letter notes that the larger issues in the neighborhood will be addressed at another time. He also noted that the Commission couldn't force the city to do more than they are proposing to do at this time. Kevin Cornacchio opened the hearing up for public comment at this time. City Councillor Joan Lovely addressed the Commission and thanked them for allowing her to go first noting that she has a city council meeting to attend. She informed the Commission that she feels that the problem is a maintenance issue noting that the city promised to provide ongoing maintenance in the area and they never go behind • that. She also explained that they are on a list with Northeast Mosquito Control and she hopes that will start next year. She stressed that he neighbors cannot endure this problem anymore and stated that she would work with the city to get this Page 2 of 8 • solved. She further noted that this band aid approach is unacceptable and something more substantial needs to be done. Jim Richmond of 225 Jefferson Avenue addressed the Commission and explained the location of his property and his concerns about the amount of water he gets in his backyard during large storm events. David Pabich noted that his concern is part of the bigger issue. Kerry Vertotos of 208 Jefferson Avenue addressed the Commission and expressed her concerns about not being notified of the proposed neighborhood meeting on July 19`h• noting that she is concerned about the timing of the meeting as hurricane season will be starting. Frank Taormina explained that the notices will be sent out next week. Ms. Vertotos questioned why the city is spending any money on this proposal without having met with the neighbors. Kevin Cornacchio suggested that she take that up with the city engineer. David Pabich questioned if they could see the berm when the yard floods. Mr. Votta explained that there was more rain this past May than in 1996 and there was less water in the homes as the result of the pumping station and the flood gates. He noted that the neighbors know what to do in that situation but they are not equipped to deal with that amount of water. He stated that he has a report that he will give to Mr. Harrington. • Dan Pelletier of 5 Wheatland Street addressed the Commission and expressed his concerns that this proposal will not work noting that he got 3 feet of water in his backyard and this solution will not prevent that. Kevin Cornacchio noted that the Commission cannot act on this application until a DEP file number is issued. He suggested that a better plan be submitted with a topo map. David Pabich stated that he would like clarification through an investigation that they make sure that no low spots are omitted that should be filled in. Mr. Harrington noted that they did not set out to create a set of design plans. It was suggested that perhaps the city engineer should hold the proposed meeting with the neighbors prior to the July 13th meeting of the Commission. Kevin Cornacchio informed the neighbors that if they are not satisfied with the design of the plan as presented to the Commission there is a 30 day appeal period following the action by the Commission. There being no further questions or comments regarding this matter, a motion was made by Kevin Carr to continue the public hearing to July 13, 2006, seconded by Keith Glidden and approved (5-0). Continuation of Public Hearing - Notice of Intent - 2 Cedarview Street - Karen Venezia - Discussion on the Construction of a Stone Retaining Wall within a Riverfront Area • Kevin Cornacchio read a letter from the applicant requesting that the matter be continued to July 13, 2006. Keith Glidden moved to continue the public hearing for 2 Page 3 of 8 • Cedarview Street - Karen Venezia to July 13, 2006, seconded by David Pabich and approved (5-0). Continuation of Public Hearing - Notice of Intent - Pasguanna Developers. Inc. - 31 Collins Terrace, Lynn. MA. - Activities Associated with the Implementation of a Release Abatement Measure (RAM) Plan within the buffer zone to a coastal bank and Riverfront Area at 18 Thorndike Street Kevin Cornacchio read a letter from Joe Orzel requesting that the matter be continued to July 13, 2006. David Pabich moved to continue the public hearing to June 22, 2006,s seconded by Kevin Carr and approved (5-0). Continuation of Public Hearing Notice of Intent - 40 Clark Street - George Fialho Scott Patrowicz addressed the Commission and noted that a site visit was held and noted that the grass is green and the hay mulch is down. He explained that they have revised the plan and pulled the slope back to a 3-1 slope and the plan does not include the use of the abutter Mr. LeBlanc's property. He reviewed the plan and noted that they will install hay bales on both sides of the property. He also noted that the plan preserves the trees on the site although he noted that one tree may die. He stated that they would try to save the maple tree next to the fence and explained the location on the plan. He also noted that they would remove the tree with the huge gouge in it. He noted that he feels that the revised plan addresses the concerns of the Commission. • Mr. Patrowicz explained that they would plant about 30 shrubs and 500 sprigs of some kind of ground cover and loam and seed the 1,700 s.f. Michael Blier stated that he feels that this is a good solution. David Pabich agreed. 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 (5-0). Keith Glidden moved to issue an Order of Conditions for 40 Clark Street, seconded by Kevin Carr and approved (5-0). Public Hearing - Notice of Intent - Osborne Hills Realty Trust - Proposed Construction of a Roadway, Utilities and Stormwater Management Facilities for a 129 Lot Subdivision off Marlborough Road Jim McDowell addressed the Commission and stated that since the last meeting they have submitted requested information to the Commission. He explained that they have provided the Commission with the cross sections of the two proposed bridge crossings on Strongwater Drive. He also noted that they have provided a narrative phasing plan which was presented to the Salem Planning Board as well. He also • noted that they have submitted an outline of data, which would be discussed at a preconstruction conference prior to each phase of work. Page 4 of 8 • Mr. McDowell addressed the question of the bridge type to be used and noted that preliminary discussions with representatives of Contech are indicating that they will use a multi span "Beam Span" structure. He explained that photos of this type of bridge are shown on pages 6 and 7 of the vehicular steel truss bridge brochure that they provided to the Commission at the meeting on June 8, 2006. He also noted that he would contact the rep for the company and have them come in and make a presentation to the Commission at one of the meetings. Mr. McDowell explained the estimates of potential vegetative impacts at the various crossings on the site. He presented the Commission with a written statement on this and reviewed each area of the plan as follows: • Osborne Hills Drive - (D-18 to D-21) (Sheet 13) Approximately six trees would be removed. The wetland is functionally isolated by the existing dirt roadway. 1000 s.f. of replication is designated on the plan adjacent to flags D-23 and D-24. The total crossing area is 1,300 s.f. An additional 700 s.f. of replication could easily be provided west of flags D-26 and D-29. • Amanda Way - (C-4 to C-10) Sheet 13 Area of wetland contains little vegetation. A replication area of 1,750 s.f. is proposed west of flags C-2 to C-4. The total crossing is 1,900 s.f. An additional 700 s.f. of replication east of flags C-11 and C-12 could be readily • provided (1.3 to 1 ratio of total crossing) The area is heavily shaded now. • Diandra Drive - (Sheet 14) The major portion of the resource area is a rocky intermittent stream bed within which exists little vegetation. Resource area occupies 1,550 s.f. of the crossing. 800 s.f. of replication is proposed. (Estimate vegetation covers less than 500 s.f. of proposed crossing). • Strongwater Drive - (B-29 to B-32 and I-9 to I-10) Sheet 16 The resource area is vegetated by phragmites. The bridge will have about 17 feet of clearance above the wetland surface. The crossing has excellent southern exposure. 750 s.f. of replication is proposed to mitigate 320 s.f. of disturbance. • Strongwater Drive -(A-62 to A-67 and I-16 to I-18) Sheet 16 The resource area is vegetated with herbaceous varieties and phragmites. The bridge clearance above the resource area is 20 feet. The crossing has excellent southern exposure. It is suggested that the replication area be located west of its present location between flags A-68 and A-75. David Pabich stated that he would like information on whether the water temperature will change as the result of the bridges. Mr. McDowell suggested that • as they get to that phase of the project that a wetlands scientist should review that rather than try to make a decision on that now. He noted that Epsillon Associates area involved in the project now and they will probably keep them on and they could Page 5 of 8 • review that for the Commission. Frank Taormina agreed and noted that the issue could be conditioned in the approval. He also suggested that the Commission could issue partial certificates of compliance at the end of each phase in an effort to keep a better track of the project or they could come in with amendments. Keith Glidden stated that he feels that amendments would be more appropriate because it will be over 5,000 s.f. of replication with a variance from DEP. He noted that there could be more legal questions on that. Mr. McDowell stated that they have to allow for two growing seasons before DEP will approve it. 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 13 2006, seconded by David Pabich and approved (5-0). Public Hearing - Notice of Intent - Richard and Susan Bresnahan - 60 Bavview Avenue - Repairs to an Existing Granite Seawall within a Coastal Beach and Buffer Zone to a Coastal Bank and Land Subiect to Coastal Storm Flowage • Kevin Cornacchio read the legal notice that was published in the Salem News. Susan St. Pierre addressed the Commission on behalf of her clients and explained that the riprap wall is in disrepair and they are proposing to repair it and extend the wall 28 feet. She noted that there is a public ramp that is used for access to the beach. Ms. St. Pierre explained that the work they are proposing will be done according to the tide and the contractor will be North Shore Marine. She explained that they will use a concrete truck with a tube and they might have a barge with a crane for the installation of the granite blocks. Kevin Cornacchio suggested a condition that pollution control equipment be on the barge in the event that it is needed. He also asked how long they expect the work to take. Ms. St. Pierre stated that the work should take a couple of weeks. David Pabich asked if they need a Chapter 91 License. Ms. St. Pierre explained that they have an amnesty license and they will amend the Chapter 91 license. 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 Cornacchio read a letter in support of the project from Kathie Driscoll Gauthier of 52 Bayview Avenue. • David Pabich suggested the Commission visit the site. The Commission will visit the site on July 13, 2006 at 5:00 p.m. Page 6 of 8 • There being no further questions or comments regarding this matter a motion was made by Kevin Carr to continue the public hearing to July 13 2006, seconded by David Pabich and approved (5-0). Old / New Business 7 Laurier Road - Tremblay Frank Taormina updated the Commission on the condition at 7 Laurier Road and noted that Mr. Tremblay has hired a wetland specialist and will be filing an amended Notice of Intent for the patio and other items that remain to be done. 31 Ravenna Avenue Frank Taormina informed the Commission that he sent a letter to the applicant informing her that the plans should be submitted to the Commission by June 19, 2006 or the applicant should contact him 48 hours before the deadline if the plans were not going to be submitted with a reason for them not being submitted. He noted that he explained everything to her and informed her that fines would be imposed if no action were taken. Keith Glidden suggested sending her a letter every week informing her of the status of the fines and the amount that she owes. Request for Certificate of Compliance - 119 Marlborough Road - DiBiase • Frank Taormina explained the situation to the Commission. He noted that an above ground pool was installed on the site without the approval of the Commission and they are now proposing to take that down and file a Notice of Intent for the construction of an in ground pool. David Pabich moved to issue a Certificate of Compliance for 119 Marlborough Road, seconded by Kevin Carr and approved (5-0). Conservation Commission Meetings Frank Taormina informed the Commission that Mayor Driscoll would like them to change their meeting night to accommodate the City Councillors who wish to attend the meetings. Kevin Cornacchio will make an appointment to meet with Mayor Driscoll to discuss this further. Open Space Plan Frank Taormina noted that at some point City Planner Lynn Duncan will address the Commission about using Conservation Commission money to fund the preparation of an Open Space Plan. • Page 7 of 8 • Adiournment 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 Kevin Carr and approved (5-0). The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC062206 • • Page 8 of 8 o - r: Cif � "CF CITY OF SALEM ��ERl1 S OFF-1 A t CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, July 13, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, �J Conservation Commission Chairman Revised Agenda: L Meeting Minutes—June 22,2006 2. Continuation of Public Hearing—Notice of Intent—The City of Salem, 120 Washington Street,Salem,MA. The purpose of this hearing is to discuss improvements to and existing embankment within a buffer zone to an inland bank and to install a check valve on the existing outfall pipe at Brook Street. • 3. Continuation of Public Hearing—Notice of Intent—DEP#64-422—Richard &Susan Bresnahan, 60 Bay View Avenue, Salem, MA. The purpose of this hearing is to discuss repairs to an existing granite seawall within a Coastal Beach,Buffer Zone to a Coastal Bank,and Land Subject to Coastal Storm Flowage at 60 Bay View Avenue. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-416—Karen Venezia, 2 Cedarview Street, Salem, MA. The purpose of this hearing is to discuss the construction of a stone retaining wall within a Riverfront Area at 2 Cedarview Street. 5. Continuation of Public Hearing—Notice of Intent—DEP#64.414—Salem State College, 352 Lafayette Street, Salem, MA. The purpose of the hearing is to discuss the proposed construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the existing baseball field(Jackman Field)at 71 Loring Avenue. The project will occur in a Riverfront Area,Land Subject to Coastal Storm Flowage,Coastal Bank, and buffer zone to a Costal Bank. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-413--Pasquanna Developers,Inc.,31 Collins Street Terrace, Lynn MA 01902. The purpose of the hearing is to discuss the activities associated with the implementation of a Release Abatement Measure (RAM) Plan within a Buffer Zone to Costal Bank and Riverfront Area at 18 Thorndike Street. 7. Continuation of Public Hearing—Notice of Intent—DEP#64-418—Osbome Hills Realty Trust,P.O Box 780,Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed construction of a roadway, utilities, and stormwater management facilities for a 129-lot subdivision off of Marlborough Road. +. 8. Public Hearing—Notice of Intent—David Jalbert,75 North Street,Salem,MA. The purpose of the hearing is to discuss the addition to an existing building located within a Riverfront Area,Buffer Zone to a Coastal Bank, -- - -- - =1` [)_V✓A3HWGTON-S'f:REUPTSAUEfi7=lVlilsSACHT!SFITS=9 9971)s TEL-. 9 T� cy-978-740- 4 - -- - ---'- 040o H�iN „ALeni.coM 7 � and Land Subject to Coastal Storm Flowage at 75 North Street. 9. Public Hearing—Notice of Intent—Massachusetts Electric Company,d.b.a National Grid,55 Bearfoot Road, Northborough,MA 01532. The purpose of the hearing is to discuss the removal,replacement,and addition of equipment within the existing substation yard and the installation of approximately 250 linear feet of buried duct bank within a Riverfront Area,Buffer Zone to a Costal Bank,and Land Subject to Coastal Storm Flowage at 25 Peabody Street. 10. Public Hearing—Notice of Intent—Neptune LNG,LLC,One Liberty Square, 10th floor,Boston,MA 02109. The purpose of the hearing is to discuss the construction of an underwater,buried gas transmission pipeline in association with its proposed Deepwater Port, located offshore in Massachusetts Bay. 11. Public Hearing—Notice of Intent—Algonquin Gas Transmission, LLC, 890 Winter Street, Suite 300, Waltham,MA 02451. The purpose of the hearing is to discuss the Northeast Gateway Lateral Pipeline Project in Salem, which includes modifications to the existing meter station as well as 1.63 miles of pipeline,located offshore in Massachusetts Bay. • 12. Old/New Business- 9 Request for Certificate of Compliance—DEP#64-350—William McKinnon, 2 Dearborn Lane, Pier construction. Cab no41aA posted on °Ofilcial /0% Ave., Salam, MaS�. +�`. at �/ /� in actcrdan v�' Chap. 34 l�0, 33A 738 IDt id.G.l. — - - - -- - _ Page 2-of 2 • Salem Conservation Commission Minutes of Meeting Thursday, July 13, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, July 13, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joe Furnari, Kevin Carr, and Keith Glidden. Also present was Frank Taormina, former Conservation Administrator, Carey Duques Conservation Administrator and Eileen Sacco, Clerk Members absent: David Pabich and Michael Blier Frank Taormina introduced Carey Duques the new Conservation Agent for the City of Salem Planning Department. Approval of Minutes The minutes of the Salem Conservation Commission meeting held on lune 22, 2006 were presented for approval. Kevin Carr moved approval, seconded Keith Glidden and approved (4-0). Continuation of Public Hearing - Notice of Intent - City of Salem - Improvements to an Existing Embankment within a. Buffer Zone to an Inland Bank and to Install a • Check Valve on the Existing Outfall'Pipe Kevin Cornacchio informed those present that this matter would be continued at the request of the applicant until the next meeting of the Commission on July 27, 2006. He noted that a neighborhood meeting is scheduled to be held on July 25`h. Kevin Carr moved to continue the public hearing to July 27, 2006, seconded by Joe Furnari and approved (4-0). Continuation of Public Hearing - Richard and Susan Bresnahan - 60 Bavview Avenue, Salem - Repairs to Existing Granite Seawall - DEP File # 64-422 Kevin Cornacchio informed those present that this matter has to be continued to the next meeting of the Commission on July 27, 2006 as there is not a quorum of members present this evening who are eligible to vote on this matter. Kevin Carr moved that the public hearing be continued to July 27, 2006, seconded by Keith Glidden and approved (4-0). Continuation of Public Hearing - Notice of Intent - DEP File # 64-413 - Pasquanna Developers Inc. - 31 Collins Street Terrace, Lynn, MA. - Release Abatement Measure (RAM) Plan within a Buffer Zone to a Coastal Bank and Riverfront Area at 18 Thorndike Street Kevin Cornacchio informed those present that this matter would be continued to July • 27, 2006 noting that the applicant is pursing additional soil testing on the site. Joe Furnari moved to continue the public hearing to July 27, 2006, seconded by Page 1 of 10 • Kevin Carr and approved (4-0). Continuation of Public Hearing - Notice of Intent - 2 Cedarview Street - Karen Venezia - Discussion on the Construction of a Stone Retaining Wall within a Riverfront Area Karen Venezia addressed the Commission and explained her plan for the construction of a riprap wall for slope protection on her property. Kevin Cornacchio asked if they are replacing what is already there and if they would be removing any trees. Ms. Venezia stated that they are replacing what is there and they are not removing any more trees. She noted that the trees that are down will be pulled up. Jean McLaughlin reviewed the plans and noted the toe of the slope. Kevin Cornacchio suggested that the Commission visit the site. A site visit will be held on Thursday, July 20, 2006 at 6:00 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 project. There being no further questions or comments regarding this matter a motion was made by Kevin Carr to continue the Public Hearing to July 27, 2006, seconded by Joe Furnari and approved (4-0). • Continuation of Public Hearing - Notice of Intent - Salem'State College - Proposed Construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cal) and the Existing Baseball Field (Jackman Field) - 71 Loring Avenue Kevin Cornacchio read a letter from Councillor at Large Tom Furey in support of the project. Rebecca Longley of Tetra Tech Environmental addressed the Commission and reviewed the Peer Review of the project that they performed with the Commission. Chuck Collette of Tetra Tech Environmental addressed the Commission and explained the peer view of the stormwater management plan. Dave McDonald addressed the Commission and responded that they spelled out the protocols for what can be done on the site. He also explained that gas vents were the standard of the time and testing shows no gas collection. He also noted that they met with the city and agreed to remove most of the vents and leave one and explained how the new vent will be constructed to preserve the integrity of the cap. He also explained that they have moved the location of the score board and the flag pole off the location of the cap. Rick Gorman of Judith Nische Associates addressed the Commission and explained the location of the hay bales and the stockpile locations. • Kevin Cornacchio suggested continuing the public hearing to July 27, 2006 and the applicant should submit a;revised;plan;showing the location of the'hay bales,.score Page 2of10 • Tboard.and:flag-pole`and_confirm-the-pi pe-size. He also suggested that they should submit-a-planting.plan,for the area of the vista and the bridge. Frank Taormina stated that he does not want them to block the view shed of the Forest River. Mr. McDonald stated that they could look at low growth shrubs for that area instead. Atty. George Atkins requested that the Commission close the public hearing tonight and allow them to submit the revised plans to the Commission as a condition of approval. Kevin Cornacchio opened the hearing up for public comment at this time. Councillor Joseph O'Keefe addressed the Commission and requested that Salem State College submit a Memorandum of Understanding with the City regarding neighborhood issues. He noted that a meeting was held with the South Salem Neighborhood Association and he does not feel that the issues were addressed adequately. Mr. Ruggere of 450 Lafayette Street addressed the Commission and expressed his concerns about the meeting with the Mayor. He stated that it was a presentation on environmental issues. He also noted that previous studies have been done on the watershed in the Forest River area when the Bates Complex was constructed. Kevin Cornacchio noted that the Commission is aware of them, however they don't apply. • Keith Glidden noted that those reports would not change the requirements of the wetlands protection act as they relate to this project. He noted that the applicant has submitted detailed specifications and the Commission has received a peer review. He also noted that the Commission has spent a lot of time on this and there is no point belaboring approval of it at this time. He also noted that DEP has oversight on this project as well and based on the information presented they meet the DEP requirements. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to July 27, 2006, seconded by Kevin Carr and approved (4-0). Public Hearing - Notice of Intent - Osborne Hills Realty Trust - Pr000sed Construction of a Roadway, Utilities and Stormwater Management Facilities for a 129 Lot Subdivision off Marlborough Road Jim McDowell addressed the Commission and explained that they have no new information to present this evening and asked if the Commission had any questions. Kevin Cornacchio noted that there was mention of a vernal pool on the site. Chris Mello explained that the Epsilon Report has not indication of a certified vernal pool on the site. Frank Taormina stated that he checked the reviewed the NHESP Map and the city topo map and he is satisfied with the clarification. • The Commission reviewed the draft decision for the Order of Conditions. It was noted that there would be no resource area crossings in Phase 1. Frank Taormina reviewed the process by which the phases will proceed. Page 3 of 10 • 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 Keith Glidden to close the public hearing, seconded by Joe Furnari and approved (4-0). Keith Glidden moved to issue an Order of Conditions for Phase 1 Osborne Hills Realty Trust - Proposed Construction of a Roadway, Utilities and Stormwater Management Facilities for a 129 Lot Subdivision off Marlborough Road, seconded by Kevin Carr and approved (4-0). Public Hearing - Notice of Intent - David Jalbert - 75 North Street, Salem - Addition to an Existing Building within a Riverfront Area and Buffer Zone to a Coastal Bank Mr. Griffin of Salem Kitchen and Bath addressed the Commission and explained the plan to build an addition to the former Salem Paint building on North Street. He explained that they are proposing to add one and a half stories to the building as well as a loading area in the back. He also noted that they are adding 30 feet to the footprint of the building for the loading area. He explained the current drainage on the site is sheet flow and explained the existing drainage patterns. He also noted that they do not anticipate any additional flow as the result of this project and there will be minimal impact as the result of this • project. Frank Taormina noted that an alternative analysis was done on the site but the whole site is pavement. Kevin Cornacchio asked if there are any catch basins on the street. Mr. Griffin noted that there is one in the front of the building. Kevin Cornacchio questioned if the site drained to the back of the building. Mr. Griffin stated that it does drain to the back of the site. He also noted that there is another catch basin by the Rossi property and there was no flooding on the site during the storm in May. 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 Kevin Carr to continue the public hearing to July 27, 2006, seconded by Keith Glidden and approved (4-0) Public Hearing - Notice of Intent - Massachusetts Electric Company - d.b.a. National Grid - Removal, Replacement and addition of Equipment within the Existing Substation Yard and the Installation of 250 Linear Feet of Duct Bank Work - 25 Peabody Street Paul Richards of National Grid addressed the Commission, and explained the plans for the removal, replacement, and addition of equipment within the existing • substation yard and the installation of approximately 250 linear feet of buried duct bank within a Riverfront Area and Buffer Zone to a coastal bank, and Land Subject to Coastal Storm Flowage at 25 Peabody Street. Page 4 of 10 • Mr. Richards explained the process that they will use for the work and noted the locations on the plan. He noted that the equipment changes are maintenance driven and they hope to do the work as soon as possible. He estimated that the work will take 3 or 4 months to complete. Kevin Cornacchio asked if they would be removing the old station transformers. Mr. Richards explained that they did testing of the soil and there were elevated levels of lead on the site but there are no hazardous materials. Kevin Cornacchio suggested that the Commission visit the site. A site visit will be held on Thursday, July 20, 2006 at 6:45 p.m. 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 continue the public hearing to July 27, 2006, seconded by Kevin Carr and approved (4-0). New: Massachusetts Bay - Neptune LNG. LLC - One Liberty Square, Boton, MA. Construction of and Underwater. Buried Gas Transmission Pipeline in Association with its Proposed Deepwater Port Located Offshore in Massachusetts Bayt Richard Paglia addresses the Commission and notes that he his the project manager • with Ecology & Environment Inc., the primary environmental consultant for Neptune LNG. He notes that they are in charge of leading the development of basic engineering and performing environmental studies and analysis necessary to meet the requirements of a DWP application and they are supporting Neptune in the project review and permitting process that involves several state and federal agencies. Paglia reviewed the purpose of the project and the need for this additional equipment. He also describes the Neptune Company which is subsidiary of SUEZ LNG NA, part of SUEZ a global energy company. He also notes that SUEZ owns the Distrigas Terminal in Everett, MA and is the longest operator of LNG in the country and a long time trusted energy supplier providing essential heat and electricity for homes and businesses throughout the region for 35 years. Paglia explains that Neptune is a proposed deepwater port LNG terminal that will use a technology called Shuttle and Regasification Vessel (SRV) to deliver additional gas supplies to Massachusetts and New England. This technology design includes power/steam generation equipment and controls that exceed environmental performance standards for air and water. One example is a closed loop vaporization system that uses no water, while the equipment cooling needs would be satisfied by recirculation of ballast take waters. No water discharges are contemplated by these vessels during regasification. Paglia explains that this project is planned to deliver a gas base load of 400 MCF per day which is enough to heat 1.5 million homes per day with a peak of 750 which is • particularly important given the seasonality of the demand in the New England region. Paglia notes that the two permanent components of this project are a permanent Page 5 of 10 • unloading buoy system, including two buoys that are anchored to the sea bottom in eight points, anchor lines and a flexible riser: and a 24" pipeline that will connect into the existing natural gas pipeline system that serves eastern Massachusetts. Paglia reviewed the project location and noted on the graphic provided that the port' terminal, including the unloading buoy system, the flow line between the buoys, and a small section of the main gas pipeline are located in Federal waters within Massachusetts Bay. In addition, a 9.9 portion of the main transmission pipeline that would be located in state waters. He notes that the proposed port terminal area is surrounded by the Stellwagen Bank NMS to the east, state waters to the east, and the Boston Harbor Traffic Separation Scheme or Shipping Channel. He also explains why the pipeline follows this route noting that it was designed this way to avoid medium or hard bottoms that would sustain more ecologically valued habitats and instead crosses the soft bottoms that sustain benthic communities that can quickly recolonize areas disturbed by pipeline installation activities. Paglia explains that the segment of the pipe located in Salem's jurisdiction would be located approximately 3 miles offshore from Bakers Island. He explained that the pipe length will be 9,204 feet and 24 inches in diameter. He also noted that the pipe will be concrete coated steel and will be buried a minimum of 3 feet. He also noted that the pipeline corridor impact area is 13.8 acres and the anchor sweep impact area is 35.2 acres. Paglia explained the pipeline methodology pipe lay noting that an anchored derrick /lay barge spread supported by to anchor handling tugs would be used to install the • gas transmission pipeline. Two oceangoing tugs with one cargo barge each (or alternatively a supply vessel) would regularly supply the construction barge with construction consumables, equipment, food, and other supplies, and take away any trash or equipment to be returned to shore. The gas transmission line would be initiated by attaching an initiation cable from the pull head on the derrick/lay barge down to a DMA. The derrick/lay barge would install the 24 inch diameter gas transmission line form the port location to the Hub Line SM pipeline in nominal 40 feet pipe joints until the section is completed. Paglia explains that in order to provide protection against fishing gear, anchor drag, and stability in current and waves, the gas transmission line would be trenched to a depth of 3 feet from the top of the pipe. The gas transmission line would be trenched following the placement of the pipe on the sea bottom using a specially designed pipeline plow and buried along the entire length. Trenching operations would begin as soon as possible following installation, at which point the derrick/lay barge should be available to pull the plow. He showed graphics of the process. Paglia explains that the burial of the gas transmission pipeline would be accomplished using a towed plow line plow. Following confirmation of the gas transmission line lowering to proper burial depths as required, the plowshares would be reversed to push the previously excavated soil from both sides of the trench as the plow is pulled ahead. The entire length of the gas transmission line that was previously trenched would be backfilled. • Paglia explains the timeline for the project and notes that the pipe lay would take Page 6 of 10 • place as follows: Pipe lay May 30 - June 30, 2009 Trench Pipeline June 25 - July 4, 2009 Backfill Pipeline July 9 - July 18, 2009 Paglia reviewed the local environmental conditions. He noted that Neptune implemented a series of equivalent site specific surveys of two alternative pipeline routes including: 1. Geophysical/Geological Surveys 2. Cultural Resources Surveys 3. Benthic/Habitat Video Surveys 4. Sediment Profile Imaging Surveys 5. Sediment Sampling and Analysis Paglia explains the findings of the environmental conditions observed for the pipeline segment area to be located within Beverly's jurisdiction are: • Approximately 130 feet water depth • Silty Clay and silty sand soils • Sediment deposition area up to 100 feet thick • Some metals and organic compounds were detected at low levels, below regulatory criteria • Softer mud habitat with healthy benthic infaunal communities • Fish species not abundant due to existing bottom habitats • • Low occurrence of Scallops • No Lobsters observed. No evidence of Lobster habitats. Paglia reviewed the key mitigation measures that will be undertaken during the project. He notes that Neptune is committed to minimizing the impacts to the extent possible either through design, and use/selection of environmental friendly equipment and construction methodologies. He also notes as part of this commitment and as reflected in several documents that key mitigation measures proposed by Neptune include: Marine Mammals • No blasting for the pipe line • NOAA certified training programs for vessel crew • Minimize potential for entanglement by equipment and cable/line selection Benthic Communities • Pipeline route in soft bottom Water Quality • Use of Plow vs. Dredge • Avoid contaminated sediments • Summer construction to avoid weather delays • Recreational/Commercial Users Page 7 of 10 • • Advance notice to mariners of construction operations • Minimize construction exclusion areas to the extent possible Cultural Resources • Avoid Shipwrecks and other prehistoric sites • Unanticipated discovery plan Fisheries • Entire transmission pipeline will be buried • Most pipeline construction to occur during NOAA's rolling closures • Spill prevention techniques and plans will be implemented • Offshore to onshore construction sequence to avoid disrupting lobster migration Geology • Top soft soil layer allows plowing of complete pipeline route • Bottom will be re-contoured Frank Taormina noted that this project will be near shore land under ocean and off shore land under ocean. Kevin Cornacchio questioned whether they would be digging deeper than three feet. Mr. Paglia explained that they would be digging about 8 feet and detail the survey work. He reviewed the time frame for plowing and backfilling. • Kevin Cornacchio noted that the fall is spawning season. Mr. Paglia stated that there is no ideal time to do this noting that they are using rolling closures and summer windows. Keith Glidden questioned if they addressed the condition of the environment habitat. Mr. Paglia stated that it is part of their Chapter 91 license. Keith Glidden also questioned what the rolling closures would be beneficial to. He requested more information on the rolling closures. Frank Taormina noted that the division of marine fisheries MEPA process covers that. He also explained the usual practice of the division of Marine Fisheries but noted that the applicant should copy everything to the Conservation Commission. Kevin Cornacchio asked if the inspect the welding of the pipes before they put it in the water. Mr. Paglia explained that they have a intelligent pig run that is an ongoing process that is to test for anomalies in the pipe. Mr. Paglia noted that the total area of impact in Salem is 1.1 miles. Kevin Cornacchio opened the hearing up for public comment at this time. Ward Two Councillor Mike Sosnowski and a commercial fisherman addressed the Commission and stated that he disagrees with everything that they said. He noted that there will be an economic impact from this project and he adamantly disputes their claim that there are no lobsters in those waters. He also stated that their timeline is disastrous and he has not seen an Environmental Impact Statement. He . stressed that the impacts will be significant and it is completely false when they say that there will be no economic impact. Page 8 of 10 • Mr. Paglia stated that they did not say there would be no impact. He also noted that the report was done in June of last year. Councillor Joseph O'Keefe addressed the Commission and expressed his concerns about fire safety. He also asked if the Army Corp. of Engineers have approved the project. Councillor Sosnowski noted that the City does not have the capability to fight fires out there. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to July 27, 2006. Public Hearing - Notice of Intent - Algonquin Gas Transmission, LLC - 890 Winter Street Waltham. MA. - Northeast Gateway Lateral Pipeline Proiect Jon Bonsall of Algonquin Gas Transmission Inc. addressed the Commission and made a PowerPoint presentation on their proposal to modify the existing meter station as well as 1.63 miles of pipeline located offshore in Massachusetts Bay. Mr. Bonsall reviewed the New England Natural Gas Supply update as follows: • Past Winter's Outlook • Growing Demand • Declining Supplies from traditional sources • • Infrastructure constraints • Timing of Supply/Capacity/Demand Imbalance • Analysis Group Market Study • Hurricanes Katrina and Rita Highlighted regional vulnerability • Gas Supply required as soon as 2007 Mr. Bonsall explained the modifications proposed for the meter station at McCabe Park. He explained that they are planning for a new 10'x 15' meter building, with an 8 ' addition to the existing building. The will also have a new ultrasonic meter and install a chromatograph. Mr. Bonsall reviewed the permitting process for this project and their expected timelines. He also reviewed the survey's conducted to date on the site. Mr. Bonsall reviewed the resource area impacts for the site. He noted that there is Land Under the Ocean and a Buffer Zone to a BVW. He also reviewed the process for laying the pipeline and the equipment that they will be using to bury the pipe. Mr. Bonsall explained that they will develop a communications plan to advise of construction activities regarding vessel movement and status of the pipeline burial. He also noted that they would coordinate the plan with all parties. Frank Taormina suggested that the Commission visit the site since there is landside work being done in McCabe Park. • Kevin Cornacchio opened the hearing up for public comment at this time. Page 9 of 10 Councillor Joseph O'Keefe addressed the Commission asked that the Waters of the Commonwealth be located on the plan. Kevin Cornacchio asked Councillor Sosnowski if he has any questions for the applicant. Councillor Sosnowski stated that he has no problem with their proposal. Councillor Sosnowski requested that Councillor Prevy be notified of the site visit to McCabe Park on July 27, 2006 at 5:00 p.m. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continue the public hearing to July 27, 2006. Request for Certificate of Compliance - William McKenna - 2 Dearborn Lane - construction of pier Frank Taormina informed the Commission that a request for a Certificate of Completion has been received from William McKenna for the Construction of a Pier on his property at 2 Dearborn Lane. He noted that he visited the site and everything is in compliance. Joe Furnari moved to issue a Certificate of Compliance for 2 Dearborn Lane, seconded by Kevin Carr and approved (4-0). Appropriation of Funds • Frank Taormina requested approval to pay a bill in the amount of $281.00 for the annual dues for the Conservation Commission membership to the Massachusetts Association of Conservation Commissions. Kevin Carr moved approval of the payment of $281.00 to the.MACC, seconded by Keith Glidden and approved (4-0) Adiournment 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 (4-0). The meeting was adjourned at 10:15 p.m. Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC071306 • Page 10 of 10 CITY OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING n You are hereby notified that the Salem Conservation Commission will hold its regularly scheduleMirteeting op,� Thursday,July 27, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. m �r QjVt N 1 lS! �t fiCj1110�r�N_ M> o z Kevin P. Cornacchio, D Tm Conservation Commission Chairman —3 N C7 rn 3 W D Tentative Agenda: 9 1. Meeting Minutes—July 13,2006 2. Old/New Business • Discussion/vote to appropriate funds to update the Salem Open Space and Recreation Plan. • Request for an Extension Permit for Order of Conditions—DEP#64-354—Ciba Specialty Chemicals, • P.O. Box 7l, Oakridge Parkway, Toms River, NJ 08754. Former Hamblet and Hayes located at One Colonial Road. • Request for a Certificate of Compliance—DEP#64-362-119 Marlborough Road, Salem,MA. • Update on 7 Laurier Road Violation—Submittal of plating and replication plan. 3. Continuation of Public Hearing—Notice of Intent—DEP#64422—Richard&Susan Bresnahan,60 Bay View Avenue, Salem, MA. The purpose of this hearing is to discuss repairs to an existing granite seawall within a Coastal Beach,Buffer Zone to a Coastal Bank,and Land Subject to Coastal Storm Flowage at 60 Bay View Avenue. 4. Continuation of Public Hearing—Notice of Intent—DEP#64424—David Jalbert,75 North Street,Salem, MA. The purpose of the hearing is to discuss the addition to an existing building located within a Riverfront Area, Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storm Flowage at 75 North Street. S. Continuation of Public Hearing—Notice of Intent—DEP#64-425—Massachusetts Electric Company,d.b.a National Grid, 55 Bearfoot Road, Northborough, MA 01532. The purpose of the hearing is to discuss the removal, replacement, and addition of equipment within the existing substation yard and the installation of approximately 250 linear feet of buried duct bank within a Riverfront Area,Buffer Zone to a Costal Bank,and Land Subject to Coastal Storm Flowage at 25 Peabody Street. 6. Continuation of Public Hearing—Notice of Intent—Neptune I.NG, LLC, One Liberty Square, l0'" floor, • Boston, MA 02109. The purpose of the hearing is to discuss the construction of an underwater, buried gas transmission pipeline in association with its proposed Deepwater Port, located offshore in Massachusetts Bay. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 979.745.9595 FAX: 978.740.0404 0 WWW.SALEs1.COa1 r� x-- N vice �r 7� Tn 7. Continuation of Public Hearing—Notice of Intent---DEP#64-423—Algonquin Gas Transmissio"LLC,890 21a Winter Street,Suite 300,Waltham,MA 02451. The purpose of the hearing is to discuss the Northe. Gatewaym 3 Lateral Pipeline Project in Salem, which includes modifications to the existing meter station as*11 as 1.63 D miles of pipeline, located offshore in Massachusetts Bay. 8. Continuation of Public Hearing—Notice of Intent—DEP#64-414—Salem State College, 352 Lafayette Street, Salem, MA. The purpose of the hearing is to discuss the proposed construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cap and the existing baseball field(Jackman Field)at 71 Loring Avenue. The project will occur in a Riverfront Area,Land Subject to Coastal Storm Flowage,Coastal Bank,and buffer zone to a Costal Bank. 9. Continuation of Public Hearing—Notice of Intent—The City of Salem, 120 Washington Street,Salem,MA. The purpose of this hearing is to discuss improvements to and existing embankment within a buffer zone to an inland bank and to install a check valve on the existing outfall pipe at Brook Street. 10. Continuation of Public Hearing—Notice of Intent—DEP#64416—Karen Venezia,2 Cedarview Street, Salem, MA. The purpose of this hearing is to discuss the construction of a stone retaining wall within a Riverfront Area at 2 Cedarview Street. • 11. Continuation of Public Hearing—Notice of Intent—DEP#64.413—Pasquanna Developers,Inc.,31 Collins Street Terrace, Lynn MA 01902. The purpose of the hearing is to discuss the activities associates with the implementation of a Release Abatement Measure (RAM) Plan within a Buffer Zone to Costal Bank and Riverfront Area at 18 Thorndike Street. 12. Public Hearing—Request for Determination of Applicability— City of Salem Park and Recreation Commission, Salem, MA. The purpose of the hearing is for a determination of work related to the re- identification of the original 1930 circulation paths, upgrade of 2 small bridges, and identification of a new ADA Remote Viewing Area within a buffer zone to BVW and a coastal bank at Pioneer Village in Forest River Park. 13. Public Hearing— Request for Determination of Applicability—Salem Play Areas for Canine Exercise (SPACE),P.O. Box 8875 Salem,MA. The purpose of the hearing is for a determination of work related to the construction of a fenced area for dogs within a riverfront area,land subject to coastal storm flowage,and buffer zone to a coastal bank at Leslie's Retreat Park. 14. Public Hearing—Notice of Intent—DEP#64426—A&H Auto Exchange Inc., 15 Robinson Road,Salem, MA. The purpose of this hearing is to discuss the construction of stormwater control structures located within a buffer zone to an inland bank and BVW and culvert a portion of an intermittent stream, pursuant to a DEP Consent Order, at 15 Robinson Road. 15. Public Hearing—Notice of Intent—Anne Pelletier 31 Ravenna Avenue, Salem, MA. The purpose of this . hearing is to discuss the after-the-fact clearing of vegetation in a portion of BVW and buffer to BVW and Inland Bank at 31 Ravenna Avenue. Thlit RON*@ posted on °OHlelal Bufistln Boat' City Hall Ave., Sslerp, ass. nn JUL 2 4 2006 at / A 236 /f1 g r Mih Chap. 30 3et:, 93A >t Z3B of M.G.L. • Salem Conservation Commission Minutes of Meeting Thursday, July 27, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, July 27, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joe Furnari, Kevin Carr, David Pabich, Amy Hamilton, David Summer and Michael Blier. Also present was Frank Taormina, Planner/Harbor Coordinator, Carey Duques, Conservation Administrator, and Eileen Sacco, Clerk Members absent: Keith Glidden Kevin Cornacchio introduced new Commission members Amy Hamilton and David Summer (appointment does not take affect until 9/15/06) Aoorovalof Minutes The minutes of the Salem Conservation Commission meeting held on June 22, 2006 were presented for approval. Kevin Carr moved approval, seconded Joe Furnari and approved (5-0). Kevin Cornacchio recognized City Councillor At Large Tom Furey who addressed the • Commission to voice his support for the Salem State College baseball field. Councillor Furey asked to speak early because of a City Council meeting that he had to attend. Discussion with City Planner Lynn Duncan on the AI)orooriation of Conservation Commission Funds for the Salem Ooen Soace and Recreation Plan City Planner Lynn Duncan addressed the Commission and requested that the Commission appropriate funds to update the Salem Open Space and Recreation Plan. She explained that the most recent has expired and without a valid open space plan the City is not eligible for many grant opportunities such as Urban Self Help Grants. She also noted that the Mayor has a goal to update the plan within the year. Ms. Duncan explained that it would be benefit the commission to have an up-to-date inventory of all recreational, open space, conservation land, etc. She also noted that there are no available city funds other than Conservation Commission money, which the Commission has jurisdiction over. She further explained that Conservation funds were previously used to hire consultants to review projects and noted that since the city adopted the new state law Chapter 44 section 53G which requires developers to pay for outside consultants on behalf of the commission, the funds are not used as frequently anymore. Ms. Duncan stated that she estimates the work to cost between $25,000-$35,000 • and the Commission currently has $60,000 in their account. She also stated that they would try to keep the cost as low as possible. She also reported that the Mayor is forming an Open Space Committee to work on the plan update with Page 1 of 10 • representatives of the Planning Board, Conservation Commission, Historic Commission, Park and Recreation, etc., and kick it off in September. David Pabich asked about the grants that the city is not eligible for. Ms. Duncan explained that in the past a community could apply for up to $250,000 and Salem did not get it. Kevin Cornacchio asked if this would be an annual cost. Ms. Duncan explained that it is not an annual cost but noted that the plan needs to be updated every five years and that she is only asked for funds for this update. Michael Blier stated that he supports using conservation commission funds for this endeavor and understands the importance for the plan aside from the grant opportunities that can be tapped into. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to authorize an amount not to exceed $35,000 for the update of the Salem Open Space and Recreation Plan and if the quotes come back hirer than expected that the City Planner come back to the commission, seconded by Kevin Carr and approved (6-0). Request for an Extension Permit for Order of Conditions - DEP#64-354 - Ciba Specialty Chemicals - One Colonial Road • Daniel Pagent addressed the Commission and explained that they are requesting an extension of the Order of Conditions for three years. He explained that they have finally reached an agreement with New England Power Company on land access and they are ready to proceed with the work. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to grant a three year extension to Ciba Specialty Chemicals - DEP File # 64-354, seconded by Kevin Carr and approved (5-0). Continuation of Public Hearing - Richard and Susan Bresnahan - 60 Bavview Avenue. Salem - Repairs to Existing Granite Seawall - DEP File # 64-422 Kevin Cornacchio noted that there was not a quorum to approve this at the last meeting and reviewed the proposal. 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 issue an Order of Conditions with special conditions, seconded by Kevin Carr and approved (4-0). • Special Conditions: 1. The contractor shall have spill kits on board in case of petroleum spills or Page 2 of 10 • hydraulic hose breaks, etc. 2. All equipment and material shall be stored outside of the buffer zone at the end of each working day. Public Hearing - Notice of Intent - David Jalbert - 75 North Street. Salem - Addition to an Existing Building within a Riverfront Area and Buffer Zone to a Coastal Bank Frank Taormina informed the Commission that there are not enough members present for a quorum. Continuation of Public Hearing - Notice of Intent - Massachusetts Electric Company - d.b.a. National Grid DEP # 64-425- Removal, Replacement and addition of Equipment within the Existing Substation Yard and the Installation of 250 Linear Feet of Dud Bank Work - 25 Peabody Street Frank Taormina informed the Commission that there are not enough members present for a quorum. New: Massachusetts Bay - Neptune LNG. LLC - One Liberty Square. Boston, MA. Construction of and Underwater. Buried Gas Transmission Pipeline in Association with its Proposed Deepwater Port Located Offshore in Massachusetts Bay • Carey Duques informed the Commission that there are not enough members present for a quorum. Carey Duques also reported that the City of Beverly, Town of Marblehead, Town of Manchester, and the City of Gloucester have requested a peer review of the project and suggested that Salem consider joining them. Because there were not enough members present to meet quorum this need to be discussed and voted on at the next meeting. Public Hearing - Notice of Intent - Algonouin Gas Transmission, LLC - 890 Winter Street Waltham. MA. - Northeast Gateway Lateral Pipeiine Project Carey Duques informed the Commission that there are not enough members present for a quorum. Continuation of Public Hearing - Notice of Intent - Salem State College - Proposed Construction of a new NCAA Baseball Field on the GTE/Sylvania Glass Landfill Cao and the Existing Baseball Field (Jackman Field) - 71 Loring Avenug Atty. Atkins addressed the Commission and noted that there are a few housekeeping issues to discuss. He turned the meeting over to Mike Howard to make a • presentation. Mr. Howard addressed the Commission and explained that they have made the Page 3 of 10 following changes to the plans: • 1. extended the hay bale line along the east side of the project near Lincoln Road. 2. Removed the landscaping from the rear to open up the vista. 3. The bike path has been added to the landscape. 4. They have moved the Flag pole and score board off of the cap S. changed the Rosa Ragusa to Virginia Rose. 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 David Pabich to close the public hearing, seconded by Joe Furnari and approved. Joe Furnari moved to issue an Order of Conditions for Salem State College - DEP File # 64-414, seconded by Kevin Carr and approved (5-0). Special Conditions: 1. Copies of all reports sent to DEP regarding the closure of the landfill shall be forwarded to the Salem Conservation Commission. • Continuation of Public Hearing - Notice of Intent - City of Salem - Improvements to an Existing Embankment within a Buffer Zone to an Inland Bank and to Install a Check Valve on the Existing.Outfall Pioe Mr. Harrington addressed the Commission and explained that they are proposing to fill in several areas along the bank of the South River that is susceptible to Flooding. He noted that they are proposing to plug the outfall pipe with the check valve and remove lawn area a fill it with 6 inches of silty clay. He also noted that there are more global issues in the neighborhood that need to be addressed. The Commission reviewed the revised plans. Frank Taormina noted that the Commission couldn't vote on this item tonight because DEP has not issued a file number and comments for the project as of yet. David Pabich expressed concern about when the basin was installed and where they want to add the valve. He also noted that the elevation along the backside of the house on the west side of Jefferson Avenue should be looked at and he would like a comparison of the elevations along the west side. Kevin Cornacchio opened the hearing up for public comment at this time Kevin Cornacchio read a letter from Fred Votta regarding the project. Ward Three Councillor Jean Pelletier addressed the Commission and expressed his • support for the project. Page 4 of 10 • There being no further questions or comments regarding this matter a motion was made by David Pabich to continue the public hearing to September 14, 2006, seconded by Joe Furnari and approved. Continuation of Public Hearing - Notice of Intent - 2 Cedarview Street - Karen Venezia - Discussion on the Construction of a Stone Retaining Wall within a Riverfront Area Kevin Cornacchio explained that the Commission heard this plan at the last meeting and since then has held a site visit. He noted that he wanted David Pabich to be comfortable with the plan. David Pabich reported that he visited that site and he is satisfied with 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. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the public hearing, seconded by Joe Furnarl and approved. Kevin Carr moved to issue an Order of Conditions for 2 Cedarview Street with Special Conditions, seconded by Joe Furnari and approved (5-0). Special Conditions: • 1. If larger equipment is deemed necessary it shall be stored outside of the buffer zone. 2. If needed a barrier shall be placed near the bank to keep machinery from going over the bank. Continuation of Public Hearing - Notice of Intent - DEP File # 64-413 - Pasguanna Developers Inc. - 31 Collins Street Terrace, Lynn. MA. - Release Abatement Measure (RAM) Plan within a Buffer Zone to a Coastal Bank and Riverfront Area at 18 Thorndike Street Dr. Hugh Mulligan addressed the Commission and explained the changes to the plans. He noted that they have revised their excavation plan as a result of the soil samples that were taken and explained them. Dr. Mulligan explained the process that they would use for the RAM and noted that they plan to backfill along the property line to a 2-1 slope. He also noted that any excavation along the coastal bank would be backfilled to the original grade. Dr. Mulligan noted the soil stockpile locations on the plan. Frank Taormina explained that he had a prior conservation with Councilor Sosnowski who was concerned about the use of Hubon Street for access and requested that the . applicant consider the use of Thorndike Street for access. Page 5 of 10 • Patrick DeIulis addressed the Commission and explained that the only access on Thorndike Street is two small driveways and the access is much better on Huron Street. David Pabich stated that he wants to see a wheel washing on site to make certain that contaminated soil is not tracked off site and exposed to the general public. A discussion was held on possible solutions for the wheel washing facility. Pat DeIulis stated that they are anxious to start and suggested that they would accept a condition regarding the wheel washing that would comply with the RAM Plan they submitted. David Pabich noted that there are radical changes to the plan from the original noting there will be 2'/2 feet of contaminated topsoil removed from the whole site. Kevin Cornacchio suggested that filter fabric should be use on the catch basins located offsite that could be impacted by offsite runoff. It was noted that the closest catch basin is on Bridge Street. Joe Orzo stated that a silt sack could be used and would be more effective considering the volume of traffic on that street. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment. 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 (5-0). Joe Furnari moved to issue an Order of Conditions for Notice of Intent - DEP File #64-413 - Pasquanna Developers Inc. - 31 Collins Street Terrace, Lynn, MA. - Release Abatement Measure (RAM) Plan within a Buffer Zone to a Coastal Bank and Riverfront Area at 18 Thorndike Street, seconded by David Pabich and approved (5- 0). Special Conditions: 1. Copy of RAM Plan approved by DEP shall be submitted to the Commission 2. Wheel washing facility shall be on site. 3. LSP shall monitor wash pad and procedures on a daily basis. 4. N6'tractors on the site. 5. Street Sweeping shall be done routinely. Public Hearing - Request for Determination of Applicability - City of Salem Park and Recreation Commission - Pioneer Village John Goff addressed the Commission and explained that they are proposing to re- identify the Original 1930 Circulation Path, Upgrade of two Small Bridges, and Identification of a new ADA Remote Viewing Area with a Buffer Zone to a BVW and a coastal bank at Pioneer Village in Forest River Park. He noted that they have been having problems with vandals at the site and are eager to get it up and running • again. Mr. Goff explained that they have received CDBG money to do the work and Page 6 of 10 • explained the plans which include restoring the old path system noting that they have traced the plan from the original 1930 plan of a natural clay base, replace two existing bridges which are non ADA compliant and bring them up to code, and stake out the area of the gate near the Little League field and create a remote viewing area which will be wheel chair accessible. Frank Taormina noted that the majority of the work is minimal and he does not think that they need to file a Notice of Intent. He also noted that there is an artificial wetland or detention basin that was created and an artificial stream fed by a water spigot in the woods. The detention basin/wetland on site is loaded with phragmites and part of the proposal is to use the phrags to thatch the roofs. Mr. Goff explained that they plan to harvest the phragmites on a yearly basis and use them to rethatch the roofs of the cottages as was done in the late 1600s. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment. Kevin Cornacchio asked if the members wish to visit the site. Mr. Goff noted that the Planning Department would like to spend the CDGB money this summer and would like the work to start as soon as possible. Frank Taormina suggested that considering all that was said the Commission could issue a negative determination and visit the site at another time to view the progress. 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). Kevin Carr moved to issue a Negative 3 Determination, seconded by Joe Furnari and approved (6-0). Public Hearing - Reauest for Determination of Applicability - Salem Play Area for Canine Exercise (SPACE) - Leslie's Retreat Park Bart Hoskins addressed the Commission and explained their request for a determination of work related to the construction of a fenced in area for dogs within a riverfront area, land subject to coastal storm flowage, and buffer zone to a coastal bank at Leslie's Retreat Park. He reviewed the plan and noted that fundraising for this project as been ongoing under the direction of Park and Recreation Director Doug Bollen. He explained that they are only proposing to fence in the area for use by dog owners. He also noted that he hopes that the presence of more people in the area will discourage vandals. He also noted that they have two plans the larger one having a pave path, but due to funding concerns they are only going to fence in the area at this time. He also explained that there will be a vestibule area with an automatic gate. He asked that the Commission approve the plan with the existing footprint. Kevin Cornacchio suggested that they supply a pick up bag dispenser on the site. • David Pabich questioned whether the applicant needed to be the land owner, noting that the city has not accepted the land from the state. Doug Bollen explained that Page 7 of 10 • Mass Highway has approved this and he signed the application. Kevin Cornacchio opened the hearing up for public comment at this time. There was no one present who wished to comment. 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). Kevin Carr moved to issue a Negative 3 Determination, seconded by Joe Furnari and approved (6-0). Special Conditions: 1. A pick up bag dispenser shall be installed inside the fenced in area. Reauest for a Certificate of Compliance - 119 Marlborough Road - DEP File #64-362 Frank Taormina reported that the applicant has installed the down spouts and they are connected to the recharge bed. There being no further questions or comments regarding this matter a motion was made by David Pabich to issue a full Certificate of Compliance for 119 Marlborough Road, seconded by Joe Furnari and approved (5-0) • 7 Laurier Road Update - Submitting of Planting and Replication Plan Frank Taormina informed the Commission that Mr. Tremblay has filed a planting and replication plan for his property at 7 Laurier Road and the Order of Conditions needs to be amended to include them. David Pabich noted that the work that was done on the site was significantly changed from what the Commission approved and he feels that this new plan should be a whole new filing. Frank Taormina explained that DEP frown on having two Orders for the same property and amending the original order is the usual practice. He noted that the process is the same as with an original filing but there is no filing fee. David Pabich stressed that he feels that this should be a separate filing. Carey Duques will get clarification from DEP and report back to the Commission. Public Hearing - Notice of Intent - 15 Robinson Road - A&H Auto Exchange Inc. Mr. Poole addressed the Commission on behalf of his client and noted that this is a challenging and complex site. He explained the area noting that the property has been used for auto salvage and metal recycling since 1963. Mr. Poole stated that they are proposing a 10,000 s.f. liner with a concrete spillage • containment area. He also noted that they will install oil and gas separators and will also have an area where they can contain the groundwater. Page 8 of 10 Mr. Poole reviewed the stormwater management plan for the site and noted the areas on the plan. He noted that they plan for a grass swale that will absorb 6-12 inches of water. He also noted that they are planning for the elimination of potential release during sudden events and explained the route on the plan. Mr. Poole reviewed some photos of the site with the Commission as well as an overlay of the ponds and the grassy swale. David Pabich questioned if all four wells on the plan exist now. Mr. Poole confirmed that they are on the site. David Pabich stated that he would like to hold a site visit noting that the easiest way to do this is not always the right way to do it. He also noted that the Commission needs to know what is going to be effected downstream, noting that they are not increasing the size of the pipe and questioned if the pipe Is limiting the flow. He noted that he is concerned that this will change the hydraulic picture of the site, noting that he feels that this is going to modify what goes into Thompson's Meadow. Mr. Poole stated that he would report on that at the next meeting. Kevin Cornacchlo questioned the second river replication and suggested that the replicate offsite to avoid a second river. Mr. Poole will also look into that. David Pabich noted that proper drainage on the site can be achieved. He also noted that they need to catch anything more than a 10 year storm. He also noted that in most cases you have to replicate and in this case it may do more harm than good. • David Pabich suggested that the Commission walk the site to get a better handle on this. The Commission will visit the site on September 9, 2006 at 5:00 a.m. Kevin Cornacchio opened the hearing up for public comment at this time. Patrick DeIulis addressed the Commission, and noted that he was representing the Mongello's who are abutters to the site. He noted that he had Scott Patrowicz review the proposed plans. He also noted that while they are not opposed to the proposed work there are past wrongs that have been done on the site that need to be corrected. Scott Patrowicz addressed the Commission and explained that he feels that there is a lot of information missing in this submittal. He also noted that there is pending litigation involving Robinson Road Mr. Petrowicz reviewed his concerns with the Commission in a lengthy presentation. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to continuethe public hearing to September 14, 2006, seconded by David Pabich and approved (6-0) Public Hearing - Notice of Intent - 31 Ravenna Avenue - Anne Pelletier • Bill Manual addressed the Commission and explained their proposal to address after the fact clearing of vegetation in a portion of the BVW and buffer to BVW and Inland Page 9 of 10 • bank at 31 Ravenna Avenue. He noted that the applicant had done the work to provide more sunlight to the pool area of the yard. He noted that he reviewed the site and the area is revegetating on its own and recommended that they do nothing at this time at watch the area for growing season. Kevin Cornacchio acknowledged that the site is growing back but also noted that it took quite awhile for the Commission to get a response from the applicant. Noting that fines have been imposed and they need to address that. He also suggested that the Commission visit the site. A discussion was held on the matter of the fines. Joe Furnari moved to hold the fines of$4,400 in abeyance until further notice, seconded by Kevin Carr and approved (6- 0) Adiournment 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 (5-0). The meeting was adjourned at 10:15 p.m. • Respectfully submitted by: Eileen M. Sacco, Clerk Salem Conservation Commission CC072706 • Page 10 of 10 Cl i Y OF'SAL'EM. MA CITY OF SALEM CLERK S QFF,CCE CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, September 14, 2006 at 6:00 pm at City Hall Annex, Room 313,{120 Washington/Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—July 27, 2006 2. Continuation of Public Hearing—Notice of Intent—DEP #64-430 The City of Salem, 120 Washington Street,Salem,MA.The purpose of this hearing is to discuss improvements to an existing embankment within a buffer zone to an inland bank and to install a check valve on the existing outfall pipe at Brook Street. 3. Continuation of Public Hearing—Notice of Intent—DEP #64-427—Neptune LNG, LLC, One Liberty Square, 10" Floor, Boston, MA 02109. The purpose of the hearing is to discuss the construction of an underwater,buried gas transmission pipeline in association with its proposed Deepwater Port,located offshore in Massachusetts Bay. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-423—Algonquin Gas Transmission,LLC,890 Winter Street,Suite 300,Waltham,MA 02451. The purpose of the hearing is to discuss the Northeast Gateway Lateral Pipeline Project in Salem, which includes modifications to the existing meter station as well as 1.63 miles of pipeline, located offshore in Massachusetts Bay. 5. Continuation of Public Hearing—Notice of Intent—DEP#64-424—David Jalbert,75 North Street,Salem, MA. The purpose of the hearing is to discuss the addition to an existing building located within a Riverfront Area, Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storm Flowage at 75 North Street. 6. Continuation of Public Hearing—Notice of Intent—DEP#64-425—Massachusetts Electric Company,d.b.a National Grid, 55 Bearfoot Road, Northborough, MA 01532. The purpose of the hearing is to discuss the removal, replacement, and addition of equipment within the existing substation yard and the installation of approximately 250 linear feet of buried duct bank within a Riverfront Area,Buffer Zone to a Costal Bank,and Land Subject to Coastal Storm Flowage at 25 Peabody Street. 7. Continuation of Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road,Salem,MA. The purpose of this hearing is to discuss the construction of stormwater control structures located within a buffer zone to an inland bank and BVW and culvert a portion of an intermittent stream, pursuant to a DEP Consent Order, at 15 Robinson Road. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 4 WWW.SALEM.COM �v A CITY OF SALEM CONSERVATION COMMISSION 8. Continuation of Public Hearing—Notice of Intent—DEP#64-428—Anne Pelletier 31 Ravenna Avenue, Salem, MA. The purpose of this hearing is to discuss the after-the-fact clearing of vegetation in a portion of BVW and buffer to BVW and Inland Bank at 31 Ravenna Avenue. 9. Public Hearing—Notice of Intent—Patricia Trap of the National Park Service, 174 Derby Street,Salem,MA 01970. The purpose of this hearing is to discuss the construction of a 2'/2 story building and a wooden apron located on a coastal bank, in Land Under the Ocean, and within a buffer zone to a coastal beach, on Derby Wharf at 174 Derby Street. 10. Public Hearing—Notice of Intent—Darren and Michelle Ambler, 13 Pybum Avenue, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a single family house, associated utilities, a driveway, and reconstruction of an existing rock slope located within a buffer zone to BVW at 25 Cloverdale Avenue. 11. Old/New Business • Request for an Extension Permit for Order of Conditions—DEP #64-197— MassHighway Department 10 Park Plaza,Suite 3170,Boston,MA 02116. Bridge Street Bypass construction along the • North River within jurisdictional Riverfront Area. • Request for an Extension Permit for Order of Conditions—DEP #64-323— Stephen Morris, Colonial Remodeling Corp 45 Bridge Street Salem, MA 01970. 12 Almeda Street creation of a single family home, 188 foot driveway extension, and associated grading. • Wetlands Violation—DEP #64.360—Mark Tremblay, 7 Laurier Road, submittal in response to an enforcement order. • Request for a Certificate of Compliance —DEP #64-341—Bob Dunham, 65 Jefferson Avenue, Demolition of building. • Request for a Certificate of Compliance—DEP#64-320—Elizabeth Bradt 20 Commercial Street, construction of commercial building • Appeal of Salem State College Decision-DEP site visit.Septem p2q-2696 at 10 am. • Update on DEP appeal of 60 Bay View Ave-DEP appeal, site visit September 7th • Update on MassHighway Kemwood Bridge maintenance work on pilings • Exempt work at 13 Commercial Street, BioEngineering Group—Creation of a rain garden • Con Comm. Letter of Support for CPR grant • • Open Space and Recreation Plan Update Page 2 of 2 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, September 14, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, September 14, 2006 at 6:00 p.m. in the third Floor conference room at 120 Washington Street. Those present yyere: Kevin Cornacchio, Keith Glidden, Kevin Carr, David Pabich, David Summer/and Michael Blier. Also present was Carey Duques, Conservation Administrator, and Julie Quinn, Clerk Members absent: Joe Furnari and Amy Hamilton Carey Duques introduced the new Clerk, Julie Quinn. Approval of Minutes The minutes of the Salem Conservation Commission meeting held on July 27, 2006 were presented for approval. As the minutes were not available to members until the afternoon of the meeting, Kevin Carr moved to table the approval of minutes until September 28th, seconded David Pabich and approved (4-0). Continuation of Public Hearing—Notice of Intent—DEP #64-430 The City of Salem, 120 Washington Street, Salem, MA. • Councilor Pelletier addressed the Commission and asked that the project be approved. The Councilor noted that he, Bruce Thibodeau and the Mayor understood that there are larger issues to be dealt with in relation to this problem, and that the City has issued an RFP for Stormwater Management Consulting Services to write grants to get funds to address the problem. Councilor Pelletier then apologized for having to excuse himself and go to the City Council Meeting. Kevin Cornacchio read into record a letter from Councilor Lovely dated September 14, 2006 in which she asked that the Commission issue approval. Bruce Thibodeau, City Engineer, offered to answer any questions from the public. There being none, he described a public meeting that was well attended, discussed the RFP, and cleaning of catch basins and culverts to take place this winter by Mosquito Control. He also discussed a grant he and the Fire Chief had submitted for FEMA & DCR for additional funds for cleaning. He noted that the City was able to apply for said funds because they have submitted a Management Plan to FEMA. Kevin Cornacchio noted that the Commission had been waiting for a DEP # before approving, and now that the # was in place, everything looked ok. Fred Votta, 212 Jefferson Avenue, spoke to thank the City for appearing at the well attended public meeting, he described the need to continue to seek funding and solutions to the Flooding problem in the neighborhood and submitted documentation to Bruce Thibodeau to be included with his FEMA application. • There being no further questions or comments regarding this matter a motion was made by Kevin Car to close the hearing, seconded by David Pabich, and approved (5-0). Page 1 of 10 • Kevin Carr then moved to Issue an Order of Conditions, with no special conditions, to the City of Salem—DEP #64-430, seconded by David Pabich and approved (5-0). Continuation of Public Hearing—Notice of Intent—DEP #64-428—Anne Pelletier 31 Ravenna Avenue. Salem, MA. Kevin Cornacchio noted that the commission members had been to the property on a site visit today. William Manuell, speaking on behalf of the applicant, described the re-growth seen during the site visit, stating that so much growth had occurred that active replanting would not be feasible. Further, Frank Taormina had advised the applicant to include a request for approval to construct a shed and pathway at the rear of the property in the NOI—not because the Owner has an immediate plan to construct either of these, but because the Order of Conditions would cover the next 3 years. He also noted that the applicant would contact the Commission of her intent to cut down any further trees to restore sunlight. Kevin Cornacchio noted that the applicant should now be aware of the process after having to file a notice after the fad. David Pabich expressed concern over the shed because of the slope of the hill and that when the applicant did decide to construct the shed, she should provide detailed plans and grades to the Commission. • Mr. Manuell agreed that was a good suggestion. Kevin Cornacchio suggested that be added as special condition. Carey Duques noted that DEP had questioned whether Strongwater Brook was perennial or intermittent, and since it was not indicated on a USGS topographical map it was likely intermittent. Michael Blier asked if there where fines associated with the matter. Carey Duques noted that the fees were $4,400. Keith Glidden noted that he-could vote on the matter because the fines were separate from the filing, Carey Duques agreed. David Pabich noted that significant trees had been removed presenting a negative impact on the wetlands. Keith Glidden noted that the fees related to the suffering of the vegetation in the buffer, but also the unresponsiveness of the applicant. Mr. Manuell noted that his client did not understand the gravity of the situation and that her inaction should not be seen as a slight on the Commission. David Pabich stated that he felt the Commission had been very clear, Kevin • Cornacchio thought she did not understand but David Pabich affirmed that he felt their position had been clear and that the letter issued by the Commission very clearly stated that the applicant would incur a fine of $200/day. Kevin Carr agreed. Page 2 of 10 • Mr. Manuell noted that he had been hired by the client only a week before the deadline and that Frank Taormina had discouraged the applicant from filing. David Pabich noted that the applicant should have informed the Commission that she needed more time. Kevin Carr asked how many letters had been sent, Carey Duques pulled from the file a letter dated March 20`h, Commission noted that she'd appeared before them on March 23rd and that the NOI had not been filed until July 11`h. Carey D.uques noted that the Commission sent a letter on April 19`h giving the applicant 60 days to respond, after which she would incur a fine of $200/day. Keith Glidden asked if they could reduce the fine, David Pabich suggested that she be ordered to plant 2 trees. Michael Blier noted that the Commission was not asking for restoration and that the suggested fines seemed too light. Mr. Manuell thought $1,000 would be a hardship to his client. Keith Glidden made a motion to reduce the fee to $750, Kevin Carr seconded, approved (5-0). Carey Duques noted that the fee was to be used toward planting trees and that she would contact Rick Rennard. • Kevin Cornacchio asked if there was any public comment before a motion was made to close the public hearing and move to issue an Order of Conditions. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the hearing, seconded by Kevin Car, and approved (4-0). David Pabich then made a motion to issue and Order of Conditions with Special Conditions, Kevin Carr Seconded, approved (4-0), Special Conditions: 1. Applicant shall present plans for the construction of the shed and stairs to the y Commission before proceeding with work. 2. Applicant shall obtain a building permit prior to building the shed and stairs. Kevin Cornacchio reminded everyone that this is Kevin Carr's last meeting. Carey Duques then told Neptune, Algonquin Gas, David Jalbert and Mass Electric that they would need to represent all of the info they had given the Commission up to that point for the new members. The material needs to be represented for these applications, because the Commission would not meet a quorum with Kevin Carr stepping down from the Commission. Continuation of Public Hearing—Notice of Intent—DEP #64-427—Neotune LNG, LLC, One Liberty Square, 10`h Floor, Boston, MA 02109. • Carey Duques informed the Commission that there are not enough members present for a quorum and continued to September 28`h Page 3 of 10 • Continuation of Public Hearing—Notice of Intent—DEP #64-423—Algonquin Gas Transmission, LLC, 890 Winter Street. Suite 300. Waltham, MA 02451. Carey Duques informed the Commission that there are not enough members present for a quorum. John Bonsol requested to be continued to October 12`h. A site visit to the meter station located at 24 Kernwood Street was scheduled for 5 p.m. on October 12. Continuation of Public Hearing—Notice of Intent—DEP #64-424—David Jalbert. 75 North Street, Salem, MA. Carey Duques informed the Commission that there are not enough members present for a quorum. The item was continued to September 28th and a site visit was scheduled for 5 p.m. on September 28th. Continuation of Public Hearing—Notice of Intent—DEP #64-425— Massachusetts Electric Company. d.b.a National Grid, 55 Bearfoot Road, Northborough, MA 01532. Carey Duques informed the Commission that there are not enough members present for a quorum. A site visit to 25 Peabody Street was scheduled for 5:20-5:30 on September 281h • Carey Duques noted that the Mayor has asked that all site visits be posted, available at City Hall and online. Continuation of Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc.. 15 Robinson Road, Salem, MA. Bruce Poole noted that he appreciated the site visit the on Saturday (9/16), and proceeded to address concerns raised at the site visit and to describe the location of the proposed ponds, removal of the culvert from the plan and soil tests that had recently been completed. He confirmed that the test pit info had been submitted to DEP. Carey Duques asked that the Commission receive copies of the test pit info, Mr. Poole agreed. Mr. Poole noted that he did not agree that the stream was intermittent. Carey Duques explained that there was no local by-law. However, intermittent streams are defined as waterways that are dry at least one time each year. Poole said wetlands were flagged in May of 2006 and that the plans submitted were based on Hancock survey, but he did not know the intent of the Hancock survey. David Pabich expressed concerns regarding the detail of the plans and the Commission's ability to review incomplete plans. He also questioned the location of • the wetlands. He further suggested that the Applicant hire an LSP for the project. Kevin Cornacchio opened the meeting to the public. Page 4 of 10 • Patrick Delulis spoke on behalf of the Mongiello (abutters), noted a scale that he felt had been recently constructed on-site. Commission agreed to look into this at their next site visit. Scott Patrowicz (14 Brown Street), on behalf of the Mongiello's, expressed the many concerns the abutters had regarding the project, including additional Flooding and increased velocity of runoff. He also noted that this was the first he had heard of the culvert being removed and was concerned of the effect on the Mongiello's property. He too noted that he would need a more detailed set of plans before making full assessment of project. Carmen Mongiello noted his concern that the proposed plan would have negative impacts on his property. David Pabich asked if the stockpiles of stone and gravel were still on site. He also asked if the rusted dumpster was still on site and if the hay bales were in place. Poole affirmed that the materials and dumpster were still on-site, but assured the Commission that the materials would be removed Friday (9/15). The hay bales were not in place, but would be in by Wednesday (9/20). The Applicant noted that the hay bales had been placed three times, but washed away each time. Dennis Colert (37 Clark St) questioned whether the hay bales were placed correctly and asked about location of jersey barrier. • Kevin Cornacchio asked if the jersey barrier had been required by DEP and, if so, in which locations. No answer being forth coming aside from Mr. Poole stating that DEP required that access on Robinson Road be cut off, Kevin Cornacchio asked that the barrier be removed. The Applicant noted that they would be doing the work themselves. David Pabich stated that we wanted to see plans stamped by an engineer. Kevin Cornacchio agreed to visit the site on Monday. He then asked Carey Duques to contact DEP and find out why they had left the upper area of the site uncontrolled. There being no further questions or comments regarding this matter, Kevin Carr made a motion to continue the Public Hearing to September 28, 2006, seconded by Michael Blier, approved (5-0). Public Hearing —Notice of Intent—Patricia Trap of the National Park Service, 174 Derby Street, Salem, MA 01970. Kevin Cornacchio read aloud the legal ad. David Kaser of the NPS spoke on behalf of Patricia Trap and described the project. Marc Albert of the NPS then described in further detail how the project would impact • the resource area. He noted that the project would have minimal impacts. Piles would be driven into the ocean Floor for support of the deck. He also noted that they have a Chapter 91 filing in process. Page 5 of 10 • Keith Glidden asked where the equipment would be stored during construction and about security. He also noted that the applicant would need to supply spill kits. David Kaser said all equipment would be stored landside and the project would be secured with chain link. David Pabich asked if piles would be driven from the land or water. Marc Albert was not sure, but said he would get back to the Commission. Kevin Cornacchio said they needed to stipulate that the piles would be driven landside in their bid. Kevin Cornacchio asked if piles would be wood or steel and who did the structural engineering. Kaiser said they would be wood and that NPS had hired a structural engineer, he did not recall the name of the firm. Kevin Cornacchio set a site visit for 5 pm on 9/27. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to continue the Public hearing to September 28, 2006, Kevin Carr seconded, approved (5-0). • Public Hearing —Notice of Intent—Darren and Michelle Ambler, 13 Pvburn Avenue, Salem, MA 01970. Kevin Cornacchio read aloud the legal ad. Scott Patrowicz described the site and the proposed change in grade. A Geotechnical study recommended that the steep wall be reconstructed at a 1 1/2 to 1 grade for stability. He noted that the buffer area was overgrown with invasive species. He advocated that the Applicant plant and improve the buffer zone, including planting in new wall. 1500 cu yards of materials would be moved and spread across site. Keith Glidden asked if there were trees down beside the wall. He also asked if there was a planting scheme with submission. Mr. Patrowicz said yes, but they were being choked by vegetation. He noted that there was no planting scheme in submission, but that he did plan to submit one. Michael Blier asked about the wall encroaching on the paper street. Mr. Patrowicz said they were still working that out. Michael Blier also noted that the plan cut into the hillside to create a yard. David Pabich's initial reaction was that they Applicant should attempt to accommodate the • 25 ft setback from resource area. Keith Glidden not as concerned if plantings were appropriate. Page 6 of 10 • Kevin Cornacchio set site visit for 6 pm on September 21, 2006. There being no further questions or comments regarding this matter, David Pabich made a motion to continue the Public Hearing to September 28, 2006, Kevin Carr seconded, approved (5-0). New/Old Business: Request for an Extension Permit for Order of Conditions—DEP #64-197— MassHighwav Department 10 Park Plaza, Suite 3170, Boston, MA 02116. Pat Trombley requested a 3 year extension of the Order of Conditions. She explained the three facets of the projects that had yet to be competed: 1. Bridge Street bypass, in progress. 2. Widen Bridge Street from Flint to Washington 3. Causeway Pier Park Keith Glidden noted that he would like to see if there were changed to the conceptual plans as work progresses and requested to see plans for each project for comment and review to see if they warranted a NOI. Keith Glidden made a motion to extend the Order of Conditions, with conditions, Kevin Carr seconded, approved (5-0). . Request for an Extension Permit for Order of Conditions—DEP #64-323— Stephen Morris Colonial Remodeling Corp 45 Bridge Street Salem, MA 01970. Steve Morris updated the Commission on the status of the project, that they had finished blasting, the house had been constructed. Carey Duques noted that Mr. Morris was seeking a 1-year extension on his Order of Conditions for the house and one on his Order of Conditions for the wall. David Pabich asked about the status of replication. Mr. Morris noted that he still needed to complete the wall. He further noted that landscaping would be mainly small shrubs due to the ledge. Kevin Carr made a motion to extend the Order of Conditions for one year, Kevin Cornacchio seconded, approved (5-0). Wetlands Violation—DEP #64-360— Mark Tremblay, 7 Laurier Road, submittal in response to an enforcement order. Ms. Tremblay noted that she would be taping the meeting for record. Mr. Tremblay described his dissatisfaction with the working of the Enforcement Order . and letter he received from the Commission. He noted that he had attempted to comply with his Order of Conditions, but that his engineer had misdirected his actions. Page 7 of 10 • Mr. Tremblay submitted a planting plan to the Commission. He noted his dissatisfaction with not being allowed to replace a City-owned fence. Mr. Tremblay noted that he had met with Lynn Duncan and Frank Taormina had met to discuss the matter and he thought he had done what he was asked. Keith Glidden asked for clarification on what needed to be dealt with. Carey Duques noted the following issues included in an Enforcement Order issued to the property owner on December 13, 2005: 1. Filling of wetlands 2. Cleaning a 24" drain line, documented in the form of a CCTV color video 3. Installation of a 4-foot deep sump catch basin and hood 4. Deck and stone patio 5. Fence installed on top of the concrete headwall 6. Curbing that was lacking along the southern portion of Laurier Road The Commission had been provided with the restoration plan Mr. Tremblay submitted. Michael Blier agreed with the proposed planting plan. David Pabich stated that the 4-foot deep sump did not need to be installed considering it would do more harm than good at this point. He did require that a • hood be placed on the catch basin on Laurier Road in front of the project site. The Commission agreed that an amendment to the existing Order of Conditions for the wetlands restoration, cleaning of the 24" drain line and installation of the catch basin hood. The Commission requested that an after the fact Notice of Intent be filed for the deck and patio. Mr. Tremblay mentioned he might be interested in installing a fence along his property boundary to prevent people from trespassing onto his property. Carey Duques stated that the installation of a fence would also need to be included in the NOI in order for the Commission to review and approve it. It was noted by Carey Duques that the curbing was not constructed. David Pabich stated that it is typically good practice to install granite curbing when extending a road and developing a parcel of land. Regarding Mr. Tremblay's concern over a statement in the Enforcement Letter, Keith Glidden noted that he would take a look at the statement made in the Enforcement Order and cover letter to see if it needed to be modified. Request for a Certificate of Compliance —DEP #64-341—Bob Dunham. 65 Jefferson Avenue, Demolition of building. Carey Duques noted the building on this property had been demolished, without • notifying the Commission. Carey stated that an Enforcement Order has been issued and that she is waiting for the land owner to record the Amended and Extended Order of Conditions and remove two piles of material from within the resource area Page 8 of 10 • before she issues a Partial Certificate of Compliance. Request for a Certificate of Compliance —DEP #64-320— Elizabeth Bradt 20 Commercial Street, construction of commercial building Carey Duques noted that she had visited the site and that the size of the building had been reduced. Kevin Cornacchio made a motion to issue a Full Certificate of Completion, Kevin Carr seconded, approved (5-0). Appeal of Salem State College Decision- DEP site visit September 27, 2006 at 10 am. Carey Duques noted that DEP is still reviewing the appeal and the site visit date had been changed. Additionally, the project has triggered the MEPA process. Update on DEP appeal of 60 Bay View Ave- DEP appeal, site visit held September 7I Carey Duques reported that DEP had appealed because they had concerns with the proposed height of the seawall and the potential for pressure to be placed on the bottom of the wall with wave action. DEP requested that riprap be used as opposed to cement for the construction of the seawall. Update on MassHighway Kernwood Bridge maintenance work on pilings • Carey Duques stated that MassHighway was performing maintenance on pilings by filling the pilings with epoxy. She stated that an accident reportedly occurred resulting in the epoxy spilling out into the water. There was no spill kits or booms in place to prevent the spreading of the epoxy. She noted that she send a letter to MassHighway requesting that the Commission be informed of activities as a courtesy. She stated she would keep the Commission up to date with any new information. Exempt work at 13 Commercial Street, BioEngineering Group— Creation of a rain garden Carey Duques stated that she spoke with an employee from the gioFnginpring Group about the project and based on the information provided (increasing pervious surfaces with erosion control measures in place) had informed the applicant that they were exempt from the Wetland Protection Act. The Commission felt that the project was not exempt and requested that they submit an RDA. Con Comm. Letter of Support for CPR grant Carey Duques stated that she compiled a letter of support for the Coastal Pollution Remediation Grant submitted by the City. Open Space and Recreation Plan Update • Carey Duques stated that proposals are due on 9/27 and she will provide the Commission with an update once the City received proposals for the update of the Page 9 of 10 • plan. Adjournment 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 Michael Blier and approved (5-0). The meeting was adjourned at 11:15 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission CC091406 • Page 10 of 10 CITY OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, September 28, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. F l wwxl ''t o U Kevin A Cornacchio. C-) Conservation Commission ChairmarE. C-t Z� r rn MQ -o Tentative Agenda: K) . -n Ncr. fJl o D r 1. Meeting Minutes—July 27 and September 14,2006 T!" .3 2. Public Hearing—Request for Determination of Applicability—BioEngineering Group 18 CoWrcial Avem y Salem,MA.The purpose of this hearing is for a determination of work related to the construction 6th handicap ramp,stair well,and a rain garden in front of the existing commercial building located within a Riveffront Area • at 18 Commercial Street. 3. Continuation of Public Hearing—Notice of Intent—DEP#64-425--Massachusetts Electric Company,d.b.a National Grid, 55 Bearfoot Road, Northborough, MA 01532. The purpose of the hearing is to discuss the removal, replacement, and addition of equipment within the existing substation yard and the installation of approximately 250 linear feet of buried duct bank within a Riverfront Area,Buffer Zone to a Costal Bank,and Land Subject to Coastal Storm Flowage at 25 Peabody Street. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-424—David Jalbert,75 North Street,Salem, MA. The purpose of the hearing is to discuss the addition to an existing building located within a Riverfront Area, Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storm Flowage at 75 North Street. 5. Continuation of Public Hearing—Notice of Intent—DEP #64-427—Neptune LNG, LLC, One Liberty Square, 10" floor, Boston, MA 02109. The purpose of the hearing is to discuss the construction of an underwater,buried gas transmission pipeline in association with its proposed Deepwater Port, located offshore in Massachusetts Bay. 6. Continuation of Public Hearing —Notice of Intent— DEP #64-432 Patricia Trap of the National Park Service, 174 Derby Street,Salem,MA 01970. The purpose of this hearing is to discuss the construction of a 2 I/2 story building and a wooden apron located on a coastal bank, in Land Under the Ocean,and within a buffer zone to a coastal beach, on Derby Wharf at 174 Derby Street. 7. Continuation of Public Hearing —Notice of Intent—DEP #64-431—Darren and Michelle Ambler, 13 Pyburn Avenue, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a single • family house, associated utilities, a driveway, and reconstruction of an existing rock slope located within a buffer zone to BV W at 25 Cloverdale Avenue. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 0 CITY OF SALEM f CONSERVATION COMMISSION S. Continuation of Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road,Salem, MA. The purpose of this hearing is to discuss the construction of stormwater control structures located within a buffer zone to an inland bank and BVW and culvert a portion of an intermittent stream, pursuant to a DEP Consent Order, at 15 Robinson Road. 9. Public Hearing—Notice of Intent—Town and Country Homes 532 Lowell Street Peabody,MA 01960. The purpose of the hearing is to discuss the proposed construction of a 37-lot sub division and four stormwater management facilities associated with the subdivision off Clark Avenue 10. Public Hearing— Request for an Amendment to an Existing Order—DEP#64-360—7 Laurier Road Salem, MA 01970. The purpose of the hearing is-to discuss amendments to a previously approved Order of Conditions (DEP# 64-360) regarding the replication and restoration of wetlands within a bordering vegetative wetland and an intermittent stream and the cleaning of a 24 inch drain line at 7 Laurier Road. 11. Old/New Business • •Request for a Certificate of Compliance —DEP #64-341—Hob Dunham, 65 Jefferson Avenue, Demolition of building. •Request for a Certificate of Compliance—DEP#64-356—Dan Morse,Bakers Island, maintenance to a pier. •MassHighway Bridge Street Extension-Amend Order for DEP#64-197 for Piers Park and Bridge Street widening at 75%design. •Thomas Circle—DEP#64-397—Sewer Extensions Project, Notice of Project Change. •Collins Cove former MGP Site—DEP#64-396---:Wetlands Restoration Plan *Open Space and Recreation Plan Committee This notice post:c:J on "Gfficisl ® N per" t:lty H Ata., �if;'r;tn � ��� at � �a /r! in Woordanimi with 23A a Z3eof lA.G.L. _ 0 Page 2 of 2 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM �v CITY OF SALEM l CONSERVATION COMMISSION o NOTICE OF MEETING y z r_ I � ' You are hereby notified that the Salem Conservation Commission will hold its regularly schedultymeeting 08;• Thursday, October 12,2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. D -9m �Ql2ty � �✓/�/� n' m� S y' Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes--September 28,2006 2. Continuation of Public Hearing—Notice of Intent—DEP#64-424—David Talbert,75 North Street,Salem, MA. The purpose of the hearing is to discuss the addition to an existing building located within a Riverfront Area, Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storm Flowage at 75 North Street. • 3. Continuation of Public Hearing—Notice of Intent—DEP #64-427—Neptune LNG, LLC, One Liberty Square, 10s floor, Boston, MA 02109. The purpose of the hearing is to discuss the construction of an underwater,buried gas transmission pipeline in association with its proposed Deepwater Port,located offshore in Massachusetts Bay. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-423—Algonquin Gas Transmission,LLC,890 Winter Street,Suite 300,Waltham,MA 02451. The purpose of the hearing is to discuss the Northeast Gateway Lateral Pipeline Project in Salem, which includes modifications to the existing meter station as well as 1.63 miles of pipeline, located offshore in Massachusetts Bay. 5. Continuation of Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road, Salem,MA. The purpose of this hearing is to discuss the construction of stormwater control structures located within a buffer zone to an inland bank and BVW and culvert a portion of an intermittent stream, pursuant to a DEP Consent Order, at 15 Robinson Road. 6. Public Hearing—Notice of Intent— DEP #64.433— 7 Laurier Road, Salem, MA. The purpose of the hearing is to discuss the building of a deck and patio after-the-fact and the proposal for installation of a wooden fence and an above ground pool within the buffer zone of BVW at 7 Laurier Road. 7. Continuation of a Public Hearing—Request for an Amendment to an Existing Order—DEP#64-360- 7 Laurier Road Salem, MA 01970. The purpose of the hearing is to discuss amendments to a previously approved Order of Conditions (DEP# 64-360) regarding the replication and restoration of wetlands within a • bordering vegetative wetland and an intermittent stream and the cleaning of a 24 inch drain line at 7 Laurier Road. 120 WASHINGTON STREET, SALCM, MASSACHUSI TTS 01970 o TEL: 978.745.9595 F,-x: 978,740.0404 ♦ WWW.SALCh1.00M o CITY OF SALEM CONSERVATION COMMISSION 8. Public Hearing—Notice of Intent—David Masse SSSD,LLC 20 Mall Road Suite 325 Burlington,MA. The purpose of the hearing is to discuss proposed redevelopment of the former Sylvania Plant as a commercial three- story building at 401 Bridge Street and 44 Boston Street(aka 60 Boston Street). 9. Public Hearing— Request for an Amendment to an Existing Order— DEP #64-396— Massachusetts Electric Company d/b/a National Grid,55 Bearfoot Road,Northborough,MA. The purpose of the hearing is to discuss amendments to a previously approved Order of Conditions (DEP # 64-396) for the temporary installation of a temporary access road located within Land Subject to Coastal Storm Flowage and parially within a freshwater wetland at Collins Cove 20 Pierce Avenue. 10. Old/New Business • DEP#64-397—Thomas Circle—Sewer Extension Project. Discussion of project change and work within a buffer zone. • Request for a Certificate of Compliance DEP#64-416 2 Cedarview Street • Request for a Certificate of Compliance DEP#64-353 Dominion Energy • DEP#64-420—Leggs Hill YMCA—Discussion of project change and alteration to drainage outfall plans. • 3A Winter Island Road—Maintenance of seawall,burying utilities,and request by the Conservation Agent • for landowner to file a Notice of Intent. This notice posted on *Official OU, � bG at /t ja! v� /9 ""ro�•xvvd�,nz, hill Ctwp. 23A i 23B 011 ki.Q.L. - - Page 2 of 2 120 WASHINGTON STREET, SALEM, MASSACHU9r7^.'S 01970 e TEL: 978.745.9595 F'.v: 978.740.0404 0 WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, September 28, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, September 28, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Keith Glidden, Amy Hamilton, David Pabich, David Summer and Michael Blier. Also present was Carey Duques, Conservation Administrator, and Julie Quinn, Clerk Members absent: None Approval of Minutes The minutes of the Salem Conservation Commission meeting held on July 27, 2006 were presented for approval. Joseph Furnari moved approval, seconded David Pabich and approved (6-0). The minutes of the Salem Conservation Commission meeting held on September 14, 2006 were presented for approval. Keith Glidden moved approval, seconded David Pabich and approved (5-0). Public Hearing — Request for Determination of Applicability— BioEngineering Group • 18 Commercial Ave Salem, MA. Kevin Cornacchio read the legal notice into record. Siva Sangameswaran of the BioEngineering Group introduced the project, describing the concept of the rain garden which involved the removal of 1,375 square feet of impervious surface. He noted that this would reduce the site's runoff into the North River and could contain a 10-year storm. He went on to note that the BioEngineering Group had not notified the Conservation Commission of the project because they thought the project would be exempt. Kevin Cornacchio stated that at the site visit, the applicant had runoff controls in place for construction, but that the applicant should have notified the Conservation Commission of their project. Kevin Cornacchio asserted that the applicant should have given the Conservation Commission a courtesy notification. He noted that it is a great project, but that the Conservation Commission should have been notified, as they are the governing body of the City. Nick Wildman, also of BioEngineering Group agreed that they should have coordinated with the Conservation Commission, but that they did coordinate with several other agencies in order to receive a grant to construct the rain garden. Siva noted that the project had been in the works since 2000. Carey Duques noted that the project was brought to her attention by Tom St. Pierre three weeks ago. She spoke with DEP and thought that the project would not need • an Request for Determination of Applicability (RDA), but after the September 14`" Conservation Commission meeting, she notified the applicant that they did need to submit an RDA. Page Iof10 • Kevin Cornacchio asked about future location of snow storage. Nick Wildman noted that the snow will go off to the left of the building, and that the rain garden could store part of the snow. Siva noted that the roof runoff would go into the rain garden. Michael Blier noted that the notion that the rain garden is good is predicated on the notion that infiltration is always a good thing. He asked if BioEngineering had looked at contamination on the site. Nick Wildman noted that the site was tested, but came up clean and that top soil was added. Keith Glidden asked about the history of the site. Siva noted that it had been used for warehousing and manufacturing of electric sweeps. Nick Wildman noted that they had already removed the asphalt within the parking area and that planting was the last remaining part of the project. David Pabich asked for confirmation that there were no sumps in the basement of the building, Nick Wildman noted that he would have to get back to the Conservation Commission on that. He further noted that the applicant's long-term goal to make all of their driveways pervious surface. • Carey Duques remarked that the applicant would need to notify the Conservation Commission before that work begins. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joe Furnari, and approved (7-0). Keith Glidden then moved to Issue a Negative Five, with the following special conditions: 1. The application is to provide the Conservation Commission with confirmation that there are no sump pumps on the property and that the property does not have a history of flooding. 2. Erosion controls must be in place for the duration of the construction OR the applicant will have to file a NOI. The motion was seconded by Joe Furnari and approved (7-0). Continuation of Public Hearing—Notice of Intent—DEP #64-425—Massachusetts Electric Company. d.b.a National Grid, 55 Bearfoot Road, Northborough, MA 01532 Tom Sullivan, on behalf of the applicant, described the site and the proposed project to lay a pipe on site, which will involve placing erosion controls on the wall of the River. The applicant proposed a 4 x 4 trench which would then be backfilled and repaved. David Pabich was concerned with the stockpiling of soil within the buffer zone and would like to see all stockpiled material placed on and covered with plastic. Page 2 of 10 • Carey Duques asked if the applicant had filed a Chapter 91, and they replied that they had and presented a copy to Carey Duques for the Conservation Commission's files. J.J. Callahan noted that the trenched materials would be shipped off site, he did not think those materials would be used to backfill, but he stated that he would get confirmation of that. He was also not sure if the area would be repaved, but noted that if the paving went beyond the existing area of paving, he would need to notify the Conservation Commission. There being no further questions or comments regarding this matter a motion was made by Joe Furnari to close the hearing, seconded by Keith Glidden, and approved (7-0). Keith Glidden then moved to Issue an Order of Conditions for DEP #64-425, with the following special conditions: 1. No stockpiling of materials on site unless the area is placed on plastic and covered with plastic. The motion was seconded by Joe Furnari and approved (7-0). Continuation of Public Hearing—Notice of Intent—DEP #64-424—David Jalbert75 North Street, Salem, MA. • Carey Duques informed the Commission that due to turn over of Conservation Commission members, the item needs to be re-advertised and the abutters re- notified. The item was continued to October 12th. Continuation of Public Hearing—Notice of Intent—DEP #64-427—Neptune LNG LLC One Liberty Square, 10th floor. Boston. MA 02109 Carey Duques informed the Commission that due to turn over of Conservation Commission members, the item needs to be re-advertised and the abutters re- notified. The item was continued to October 12th. Continuation of Public Hearing —Notice of Intent— DEP #64-432 Patricia Trap of the National Park Service, 174 Derby Street, Salem, MA 01970. David Kayser of the NPS presented the Conservation Commission with proof that the notices were sent, but not that they were received. Kevin Cornacchio noted that the Conservation Commission had visited the site. David Kayser briefly described the project again. He noted that the footings/pilings would be done first and the structure constructed second. The NPS is hoping to begin construction this Fall using landside construction methods with special conditions. He did note that if funding for the structure had to be spent first, they • may have to building the structure first, in which case, they would need to consider seaside construction methods. Page 3 of 10 • David Pabich noted that if the issues of landside construction were insurmountable, the Conservation Commission should consider allowing seaside methods. He further noted that as the building would not have gutters, the NPS needed to address the roof runoff, perhaps though French drains or some other method. Kevin Cornacchio suggested that the building be surrounded by gravel. David Kayser noted that would get stamped plans to submit to the Conservation Commission before construction which should address the Conservation Commission's concerns. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the hearing, seconded by Keith Glidden, and approved (4-0). Keith Glidden then moved to Issue an Order of Conditions for DEP #64-432, with the following special conditions: 1. Any seaward work will need to be coordinated with the tides so that the barge is not resting on the seafloor. 2. Roof runoff plan needs to be presented to the Conservation Commission or their Agent for approval 3. No work can begin prior to the project receiving their Chapter 91 approval. 4. Construction equipment must be stored outside of the buffer zone, spill kits available and the site secured. The motion was seconded by Michael Blier and approved (4-0). • Continuation of Public Hearing —Notice of Intent—DEP #64-431—Darren and Michelle Ambler, 13 Pvburn Avenue, Salem, MA 01970 Darren Ambler noted that Scot Patrowicz could not attend the meeting, so he would be representing himself. Mr. Ambler presented the revised plan, noting that the proposed improvements no longer impede on the resource area. The wall behind the property will remain, but the slope in the back area will be filled at a 3% angle, 3:1 dirt slope, wrapped in rip rap wall, 4 inch surface of loam, to be planted. Planting above the existing wall will be done to shore up the land. The foundation of the building was redesigned to bin into the ledge, which is 9-10 feet below the surface and the building has been pushed closer to the street. He noted that they wanted as much backyard as possible, but for safety they would construct a fence along the top of the existing wall, which will stop at the paper street, or possibly wrap around their site. He noted that there would be no blasting involved in this project. Mr. Ambler further noted that if they started to see settling on the wall once the structure was built, they would come back to the Conservation Commission to seek approval to re-build the wall. David Pabich commented that the revised plan was a vast improvement from the original submission. Carey Duques noted that Notes 7 and 8 on the plans talk about the assumptions and mentions that any changes would require the project to come before the • Conservation Commission. David Pabich asked if the roof runoff would discharge to the site. Page 4 of 10 • Mr. Ambler noted that he was using a standard gutter system. He also noted that the patio would likely be smaller than is shown on the plans and will be built out of typical decking materials. Amy Hamilton asked if they were going to use hay bales or a silt fence, Kevin Cornacchio noted that the Conservation Commission would require both. David Pabich added that hay bales would also be required along the top of the wall. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the hearing, seconded by Keith Glidden, and approved (4-0). Keith Glidden then moved to Issue an Order of Conditions for DEP #64-431, with the following special conditions: 1. Silt fence and hay bales would be required and would be extended along the top of the existing wall to Rockmere Street, the paper street. The motion was seconded by David Pabich and approved (4-0). Continuation of Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc.. 15 Robinson Road, Salem, MA. Kevin Cornacchio noted that Bruce Poole had faxed a request to continue to Carey Duques dated September 28, 2006. • Keith Glidden made a motion to continue to October 12th. The motion was seconded by Joe Furnari and approved (4-0). Public Hearing— Notice of Intent — Town and Country Homes 532 Lowell Street Peabody, MA 01960. Chris Mellow, representing the applicant, stated that the project had received an ANRAD this fall, delineating the wetlands. He noted that all roadway work would be done outside of the buffer zone, and that he was seeking approval for 4 storm water facilities. There will be 5 facilities total, but only 4 are located in buffer zones of a resource area. He noted that the applicant was also going before the Planning Board. He stated that the applicant had placed a sedimentation barrier around the site. Keith Glidden asked about the ownership interest of Open Space A & B shown on the plans, Mr. Mellow replied that was not decided, but he felt it would be worked out in the Planning Board. He noted that the area would be used only for passive recreation. Mr. Mellow went on to describe the cluster design of the site, how reducing the parcel size allows for preservation of more open space. Kevin Cornacchio asked if there would be a pumping station for the subdivision, Mr. • Mellow noted that he had not yet addressed that issue with the City Engineer, but that he did not expect to have a potable water problem. Page 5 of 10 • Keith Glidden asked if the elevations on the site would be taken down and Mr. Mellow replied that there be a substantial amount of earthwork, including blasting. Jim McDowell, also representing the applicant, noted that some of the homes will have roof recharge, others are not on parcels appropriate, but that they have provided enough to meet DEP standards. Mr. Mellow noted that all of the homes would have basements. Mr. McDowell walked though the design of the basins. He noted that the site would have runoff going in two directions and that the basins were designed to control and decrease runoff and redistribute the runoff, as is happening in the existing hydrology. Runoff from roadways will go into catch basins. Runoff will go through treatment systems, called Vortechnic, Inc Units which work to separate stormwater from sediment and debris, then exit through a controlled out-flow. In a 10-year floor, they expect 2 feet of ponding, in a 100-year floor, 3-4 feet of ponding. Controlled release prevents an increased rate of release and controls the volume of water flowing into wetlands. He noted that the ponding would only last 48 hours and that the ponds would be dry otherwise. Mr. McDowell also noted that the berms would be approximately 10 feet in width with rip rap on both sides and the slopes of the basins would be vegetated. Kevin Cornacchio asked who would maintain the system. Mr. McDowell noted that it would likely be the Homeowners Association and will likely include an operation and management plan, which will include long-term annual reporting. • David Pabich asked about areas for emergency overflow. Mr. McDowell noted that yes, each basin has an emergency overflow area. He suggested he provide the plans of the basins at a 20 scale as well as a written sequencing narrative to describe construction and associated phases. He stated that he would get the Conservation Commission a more detailed plan of each basin before the next time the project appears before the Conservation Commission on October 26`h. Keith Glidden stated that he wanted to see signs along the resource area with language referring to the leash laws or to not allowing dogs in the area. He suggested one at the upper entrance to the trail and one at the lower entrance. David Pabich asked about the location of the Vortechnic units and what the plan was for establishing an easement for cleaning. Mr. McDowell noted that Vactor trucks would be on the street and and could extend to reach the clean outs, to be located along the roads. David Pabich noted that he wanted to see honeycomb or nylon mesh pavers in these locations, which will then be planted. He stated that these structures must be able to support a vehicle. Mr. McDowell noted that he would look into this and get back to the Conservation Commission. Carey Duques asked if there would be any clear cutting in the buffer zone. Mr. Mellow noted that the only buffer zone clearing would be related to the retention • ponds and clearing trails. He noted that the trails would involve minimal clearing and would wind around the existing trees. Page 6 of 10 • Mr. Mellow further noted that the applicant may later apply to the Conservation Commission for approval of work on 4-5 houses whose parcels are located in the buffer zone. Kevin Cornacchio opened the public comment period. Numerous abutters were at the meeting and presented the Conservation Commission a list of questions. Carey Duques also noted that she had received a note from several other abutters stating that approximately two dozen people could not attend the meeting due to Back To School Night. The Conservation Commission read through the questions and noted most of them related to zoning and other issues that could not be addressed by the Conservation Commission. Ellen Reggatto of 13 Clark Avenue asked how the applicant planned to address the flooding that occurred at the lower end of Clark Avenue last spring. Mr. McDowell noted that a portion of the site flows to Clark Avenue now and that the proposed large underground pipes to release water at a controlled place will prevent any discharge from the site beyond the current hydrology. Jeff Regatto of 13 Clark Avenue asked about sewage. Mr. McDowell noted that there would be pumps, but was not sure what would happen in an emergency. Lillian of 9 Clark asked what would happen to the animals. • Mr. Mellow noted that this site was not on the endangered species map. Ed Moskoswki of 12 Clark Street noted that someone needs to ask the question of whether flooding on Highland Avenue is caused by water flowing over the site or by catch basins that need to be cleaned. Kevin Cornacchio noted that there will be 5 basins on site which allows for a lot of storage and should alleviate flooding. If we do see a problem after the property is built, will have to bring the applicant back to discuss. He also noted that he would discuss the issue with the City Engineer. David Pabich further noted that the Conservation Commission could not burden the applicant to fix upstream problems. Paullina Alexander of 12 Clark Street noted that there has been flooding in the area since she moved to her property over 40 years ago. The public also asked about parking provisions for the walking path. Mr. Mellow replied that there were a few spaces laid out, but that the applicant would discuss that with the Planning Board, as the spaces are outside of the buffer zone. The public further voiced their concerns of people walking through their backyards to get to the walking paths. Kevin Cornacchio noted that this issue was outside of the Conservation Commission jurisdiction. • Attorney John Keilty, also representing the applicant, noted that there is value added by linking resource areas via the proposed walking path. Page 7 of 10 • Kevin Cornacchio asked if there are any vernal pools on the site. Mr. Mellow responded that there were not. Carey Duques asked how many days of blasting would be needed. Mr. Mellow relied that he was not sure yet. Mr. Mellow noted that the project would be before the planning board on October 19th Keith Glidden made a motion to continue to October 26th. The motion was seconded by Joe Furnari and approved (7-0). Public Hearing— Request for an Amendment to an Existing Order— DEP #64-360— 7 Laurier Road Salem, MA 01970. Mark Trembly, representing himself, brought in a tape from Drain Pro of the cleaning of the 24 inch drain line. He presented pictures of the hood that had been installed the previous Friday (September 22nd) and stamped certified notices to abutters. David Pabich noted that a wetlands specialist needs to write a letter stating that they would be involved in the excavation process and will use erosion control measures. Mr. Trembly asked if the retaining wall needs to be referenced in the plan. • David Pabich replied that yes, everything you plan to do under this Amendment needs to be shown. He further noted that all erosion control measures will be needed along the edge where the work would will take place and that construction and storage of equipment was not to take place in the resource area. Mr. Trembly noted that he could use a backhoe to excavate and reach everything if he placed the backhoe against his garage. Joe Furnari made a motion to continue to October 12th. The motion was seconded by Keith Glidden and approved (4-0). Old /New Business Request for a Certificate of Compliance —DEP #64-341—Bob Dunham, 65 Jefferson Avenue, Demolition of building. Carey Duques noted that the building had been demolished and the stock piled material was removed. She recommended issuing and Invalid Order of Conditions which will remain on the deed until the owner files a new NOI to do work on the site. Keith Glidden then moved to Issue an Invalid Order of Conditions for DEP #64-341, with the following perpetual conditions and any additional perpetual conditions listed on the original Order of Conditions: • 1. Cannot store things on site 2. No pesticides can be used on site 3. No sodium can be used on site Page 8 of 10 The motion was seconded by David Pabich and approved (4-0). Request for a Certificate of Compliance —DEP #64-356—Dan Morse. Bakers Island, maintenance to a pier. Carey Duques noted that repairs and maintenance to the pilings and installation of platforms were completed. She also noted that the applicant submitted photos of the completed project since it would have been difficult for her to get out to visit the site on Bakers Island. Keith Glidden then moved to issue and full and complete Certificate of Compliance for DEP #64-356. The motion was seconded by Keith Glidden and approved (5-0). MassHighway Bridge Street Extension—Amend Order for DEP #64-197 for Piers Park and Bridge Street widening at 75% design. The Commission noted that they wanted to see 75% completed plans, but that if there were any changes between 75% and 100%, they must be submitted to the Conservation Commission. Carey Duques noted that she would contact MassHighway and have them submit a request for an Amendment. Thomas Circle—DEP #64-397—Sewer Extensions Project, Notice of Project Change. • Kevin Cornacchio read into record a letter sent to the Conservation Commission by Scott Patrowicz that discussed the changes that occurred in the project and requested guidance on how to proceed. He also submitted pictures of the area in question. Carey Duques noted that a large area had been clear cut due to lack of supervision. Boulders were also added to the wall. Joe Furnari suggested that Conservation Commission issue a Cease and Desist and bring the project sponsors before the Commission. The Conservation Commission agreed that will be the best route to protect the resource area. Carey Duques stated that she would call and issue a letter immediately. Collins Cove former MGP Site—DEP #64-396— Wetlands Restoration Plan Carey Duques noted that BSC had submitted a Wetlands Replication Plan and she had gone out and walked the site. She noted that they were planning on submitting an amendment and would be in front of the Conservation Commission on October 12th. Open Space and Recreation Plan Committee • Carey Duques described the Open Space and Recreation Plan Committee, noting that the Mayor was asking for a representative on the Committee from the Conservation Commission. Page 9 of 10 Keith Glidden volunteered and was selected. Adiournment Kevin Cornacchio opened up a vote for Chairman, no one volunteered. 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 David Pabich and approved (7-0). The meeting was adjourned at 9:00 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission CC092806 • • Page 10 of 10 CITY OF SALEM t CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, October 12, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. p �4� Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—September 28, 2006 2. Continuation of Public Hearing—Notice of Intent—DEP#64-424—David Jalbert,75 North Street,Salem, MA. The purpose of the hearing is to discuss the addition to an existing building located within a Riverfront Area, Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storm Flowage at 75 North Street. • 3. Continuation of Public Hearing—Notice of Intent—DEP #64-427—Neptune LNG, LLC, One Liberty Square, 10" floor, Boston, MA 02109. The purpose of the hearing is to discuss the construction of an underwater,buried gas transmission pipeline in association with its proposed Deepwater Port, located offshore in Massachusetts Bay. 4. Continuation of Public Hearing—Notice of Intent—DEP#64-423—Algonquin Gas Transmission,LLC,890 Winter Street,Suite 300,Waltham,MA 02451. The purpose of the hearing is to discuss the Northeast Gateway Lateral Pipeline Project in Salem, which includes modifications to the existing meter station as well as 1.63 miles of pipeline, located offshore in Massachusetts Bay. 5. Continuation of Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA. The purpose of this hearing is to discuss the construction of stormwater control structures located within a buffer zone to an inland bank and BVW and culvert a portion of an intermittent stream, pursuant to a DEP Consent Order, at 15 Robinson Road. 6. Public Hearing—Notice of Intent— DEP #64-433— 7 Laurier Road, Salem, MA. The purpose of the hearing is to discuss the building of a deck and patio after-the-fact and the proposal for installation of a wooden fence and an above ground pool within the buffer zone of BVW at 7 Laurier Road. 7. Continuation of a Public Hearing—Request for an Amendment to an Existing Order—DEP#64-360- 7 Laurier Road Salem, MA 01970. The purpose of the hearing is to discuss amendments to a previously approved Order of Conditions (DEP#64-360) regarding the replication and restoration of wetlands within a • bordering vegetative wetland and an intermittent stream and the cleaning of a 24 inch drain line at 7 Laurier Road. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM CITY OF SALEM CONSERVATION COMMISSION 8. Public Hearing—Notice of Intent—David Masse SSSD,LLC 20 Mall Road Suite 325 Burlington,MA. The purpose of the hearing is to discuss proposed redevelopment of the former Sylvania Plant as a commercial three- story building at 401 Bridge Street and 44 Boston Street(aka 60 Boston Street). 9. Public Hearing— Request for an Amendment to an Existing Order— DEP #64-396— Massachusetts Electric Company d/b/a National Grid,55 Bearfoot Road,Northborough,MA. The purpose of the hearing is to discuss amendments to a previously approved Order of Conditions (DEP # 64-396) for the temporary installation of a temporary access road located within Land Subject to Coastal Storm Flowage and partially within a freshwater wetland at Collins Cove 20 Pierce Avenue. 10. Old/New Business • DEP#64-397—Thomas Circle—Sewer Extension Project. Discussion of project change and work within a buffer zone. • Request for a Certificate of Compliance DEP#64-416 2 Cedarview Street • Request for a Certificate of Compliance DEP#64-353 Dominion Energy • DEP#64-420—Leggs Hill YMCA—Discussion of project change and alteration to drainage outfall plans. • • 3A Winter Island Road—Maintenance of seawall,burying utilities,and request by the Conservation Agent for landowner to file a Notice of Intent. Page 2 of 2 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, October 12, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, October 12, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Keith Glidden, Amy Hamilton, David Pabich, David Summer and Michael Blier. Also present was Carey Duques, Conservation Administrator, and Julie Quinn, Clerk Members absent: None Approval of Minutes The minutes of the Salem Conservation Commission meeting held on September 28, 2006 were presented for approval. David Pabich submitted written typo corrections. Joseph Furnari moved to approve the minutes with David Pabich's corrections, seconded by Keith Glidden and approved (7-0). Continuation of Public Hearing—Notice of Intent—DEP #64-424—David Jalbert 75 North Street, Salem, MA. Kevin Cornacchio noted that applicant had re-advertised due to Conservation • Commission quorum issues, due to turn over in Conservation Commission members. He then read aloud the legal notice. Richard Griffin, representing the applicant, described the project which includes adding 1 1/2 stories to the block portion of the existing building, adding a loading bay and adding a stair tower. He noted that the improvements requested would all fall within the footprint of the impervious area on the site so it would not alter the drainage pattern or increase runoff. He further noted that the site falls within FEMA Flood Zone A, therefore requiring flow through vents, as noted on the plans. Kevin Cornacchio asked if the DEP issues had been addressed. Mr. Griffin noted that they had. Mr. Griffin briefly discussed alternatives the applicant had considered concluding that the current proposal will improve the site and have the least effect on the resource area. The proposed roof will be sloped. Kevin Cornacchio asked about the location of snow storage. Mr. Griffin stated that snow storage would be on the south west side of the lot, adjacent to the chain link fence, over pervious surfaces. Mr. Griffin noted that construction is expected to take 6-9 months. He further noted that the footprint of the building will remain the same. Kevin Cornacchio opened the issue up to public comment. • There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joe Furnari, and approved Page 1 of 14 David Pabich then moved to Issue an Order of Conditions for DEP #64-424. The motion was seconded by Joe Furnari and approved (7-0). Continuation of Public Hearing—Notice of Intent—DEP #64-427—Neptune LNG LLC, One Liberty Square, 101h floor, Boston. MA 02109. Kevin Cornacchio noted that applicant had re-advertised and re-notified abutters (which there were none located within 100 ft) due to Conservation Commission quorum issues, due to turn over in Conservation Commission members. He then read aloud the legal notice. Kevin Cornacchio noted that Amy Hamilton was recusing herself from this item. Doug Jones, representing Neptune LLC, whose parent Company is Suez, re-presented the project which consists of 1.8 miles of underwater pipeline to be constructed in Salem's jurisdiction as part of a larger LNG pipeline and regasification stations to be located off of the coast. The project also falls within the jurisdiction of Manchester, Beverly and Marblehead. Please refer to Conservation Commission minutes from the July 13, 2006 meeting for the original presentation. Mr. Jones described the path of the pipeline to be along the path of least resistance, that is the areas of softest (areas of geological sediment), easiest to plow soils. The goal is to avoid hard hock areas. He noted that this is the also the path of least • environmental impact. The path also seeks to disturb a minimum area of cultural resources. It does pass through a historic dumping ground. The pipeline will be 24 inches in diameter, steel pipes encased in three inches of concrete. The pipeline will be buried a minimum of 3 feet—this is a requirement in waters less than 200 feet in depth. Approximately 13.8 acres of seafloor will be disturbed through the trenching process and a total of 37 acres will be disturbed by the construction. Mr. Jones described the construction process. The pipeline will be laid at approximately 1 mile a day. The plow will dig a "v" along the seafloor, then the pipe is laid. Once the entire pipeline has been laid, the reverse process will be followed to cover the pipe. Mr. Jones noted that Neptune hopes to have all of its approvals by spring 2007 and to be under construction May through September 2009 and begin energy delivery by the 4`h quarter of 2009. He noted that construction in Salem's jurisdiction would take 2-3 days to lay the pipe then another 2-3 days a few weeks later to cover the pipe. The total estimated time in Salem is 8 days. Mr. Jones noted that summer is the best time for construction to avoid interference with the lobster migration and whales. Kevin Cornacchio asked if there will be monitoring during the pipeline construction. • Mr. Jones replied that there would be monitoring as the plow progresses and once the project is complete, a survey will be conducted. Page 2 of 14 • David Pabich asked what would happen if, during construction, you find ledge? Mr. Jones noted that if they could not plow using two passes of the plow, they would explore boring methods. He noted that they were confident that through planning and surveys, they would not be hitting hard rock. David Pabich asked if the pipeline was negatively buoyant. Mr. Jones replied that, yes, it is. Kevin Cornacchio asked if Neptune was going to have a website available to describe daily progress on the pipeline. Mr. Jones said they will have to set up some sort of notification. David Pabich asked if Neptune would monitor lobster migration. Mr. Jones noted that Neptune has done a lot of work with local lobstermen. He further noted that some lobsters would be buried in the process, but they are doing their best to minimize the impact. Keith Glidden asked if gas flowing through the pipeline will disrupt wildlife? Mr. Jones replied that it does not. He pointed to studies that have been conducted on other similar lines related to noise, vibration and temperature finding that there are no adverse effects. The gas is 40 degrees when it flows, so there is very little thermal change associated with the flow. Kevin Cornacchio asked if Suez has experienced surging that disrupts the pipeline • covering. Mr. Jones said that this is not an issue. David Pabich noted concerns about the migration route of lobsters because the pipeline runs parallel to shore for a period of time, particularly what happens during construction. Michael Blier asked about the sea floor charts handed out to the Conservation Commission. He noted that the coloring indicated that the soils to be disturbed in Salem's jurisdiction looked to be different than those in other areas. He noted concerns about what this meant. Mr. Jones did not know what the changes in color meant, but he assured the Conservation Commission that the route chosen was all soft soils. Mr. Jones noted that Neptune would identify exclusion areas for recreational and commercial uses in connection to construction and operation of the project. He also described the cultural resources survey done on the area as well as the spill prevention measures on the vessels. He also described the approvals needed from a number of other federal, state and local agencies to begin working. Approvals include those for biological resources, which will take into consideration the migration patterns of whales and lobsters. The Conservation Commission asked several questions related to the Neptune and Algonquin lines, which will run parallel in Salem's waters. Mr. Jones noted that there is room in the proposed channels for both lines and that the two companies had no • plan to converge the projects into a single line. Kevin Cornacchio asked where the pipeline is in relation to Massachusetts duping Page 3 of 14 • found. Mr. Jones noted that it was about 8 miles from the site. He also noted that Neptune had done borings along the route at 1/2 to 1/4 mile intervals. David Pabich questioned the adequacy of the boring locations, noting that means there are only 5 boring sites in Salem's waters and that Neptune did not do more extensive borings in areas that are close to known dumping grounds. Kevin Cornacchio asked what would happen if they ran into something unexpected while plowing, like barrels. Would there be any sampling done along the way? Did they have method of sampling for released containments. Would there be video sampling along the way? Mr. Jones noted that there would be someone watching the progress of the plowing. Keith Glidden asked if these people were trained to identify when something had been disturbed or released. He further noted that he wanted to see construction logs for Salem, then a post-construction survey for just Salem. Keith Glidden noted that Manchester had done a peer review of the project and is sharing the report with Salem, but that the report is specific to Manchester. He also noted that Marblehead had already issued their approval. Kevin Cornacchio opened the hearing up to the public. Pauly Bradley, 33 Summer Street, Nahant, asked about the discontinued disposal site • the pipeline would go through. She also noted that during construction of the HUB line, conditions of the Order were violated. (The HUB line was not constructed by or related to Neptune.) She expressed her concern for endangered sea life and handed out information about SWIM to the Conservation Commission. Mr. Jones said he did not know when use of the site was discontinued. David Pabich noted that Neptune would need to find the date and report back to the Conservation Commission. Allesandro Cagiati, 808 Hale, Beverly Farms, expressed concern that Neptune never constructed a LNG pipeline like the one proposed. He expressed further concerns and the sea floor conditions, thinks they will have to drill and blast. He further expressed concerns regarding radioactive materials that may have been dumped off the coast. Paul Brailsmith, Ipswich, concerned about the seaworthiness of the barges (Outside of the Salem's jurisdiction) and noted his concerns about what would happen if a ship broke away from the barge and the possibility that nets in the sea would get caught up in the lines. Mary Rogers, 14 Peabody Avenue, Beverly, felt that burring the pipeline only 3 feet is insufficient. She spoke about construction on a pipeline that had been done in Beverly a number of years back, sharing her experience of noise and disruption. She further noted that the Coast Guard has not yet given their approval for the project and the pipeline may have to move. • Kevin Cornacchio noted that if the pipeline does move, they application would need to resubmit to the Conservation Commission. Page 4 of 14 Philip Joyce, 10 Central Street, Nahant, expressed concerns about cement being used in the pipes because cement corrodes. He also expressed concerns over the effects on wild life. Mr. ]ones noted that the cement used does not corrode in salt water over the useful life of the line. David Pabich asked that Neptune bring in reports on the lifeline of the pipe. Mr. Jones also noted that the EIS should address many concerns regarding wildlife. He noted that this report is available at public libraries and online. Keith Glidden noted that there were still quite a few outstanding questions related to this project. He further noted that if the Conservation Commission could not make a decision, they would consider hiring a consultant to review the project. Keith Glidden made a motion to continue to October 26th. The motion was seconded by Joe Furnari and approved (6-0). Continuation of Public Hearing—Notice of Intent—DEP #64-423—Alaonouin Gas Transmission, LLC, 890 Winter Street, Suite 300, Waltham, MA 02451. Kevin Cornacchio noted that applicant had re-advertised and re-notified abutters due to Conservation Commission quorum issues, due to turn over in Conservation • Commission members. He then read aloud the legal notice. Kevin Cornacchio noted that Amy Hamilton was recusing herself from this item. ]on Bonsall of Algonquin Gas re-presented the project to the Conservation Commission, he made a PowerPoint presentation on their proposal. Dave Noel, Ronnie Borgio and Paul Marta were also present to represent Algonquin. Please refer to Conservation Commission minutes from the July 13, 2006 meeting for the original presentation. Mr. Bonsall gave a brief introduction of Algonquin, an interstate pipeline builder and operator. He described the HUD line Algonquin had constructed, partially running though Salem's water. As part of the mitigations measures for the HUB line, Algonquin worked on McCabe Park. Algonquin will operate the pipeline and Accelerate will operate the ships. Mr. Bonsall updated the commission on the permitting process, noting that Marblehead had issued their Order of Conditions, Weymouth was just waiting for the DEP number and they expect Beverly and Manchester to issue Orders soon. Mr. Bonsall stated that the pipeline is scheduled to be in service by the end of 2007. Due to this schedule, he noted that the permitting schedule is very time sensitive. He further stated that all of the information and reports on this project that have been submitted to other federal and state agencies are available online, in the library and a number of other locations. Mr. Noel described the HUB line, noting that it runs north to south, while the new • pipeline will run south to north. He also described Algonquin's need to make upgrades/reconfigure meters at the existing facility in Salem to accommodate the increased capacity of the new pipeline. Page 5 of 14 • Mr. Marta described the multiple levels of review required for this project. He described the work that had been done over the past 2 years and ran though a list of surveys and tests that had been completed (for a full list, please refer to the PowerPoint presentation). He specifically noted that they had conducted testing for radioactive materials and had found none. Mr. Marta also addressed questions the Conservation Commission had asked Neptune regarding the types of sediments along Salem's portion of the pipeline. He noted that the floor materials were soft clay sediments. He further described the route and stated that the area was not shown on the DMF Map as containing shellfish. He also described the post-construction assessment to be conducted. Mr. Borgio described the timeline of construction one the pipeline as well as the construction techniques. (note, same as Neptune and shown on the PowerPoint presentation). He noted that laying the pipe line would take 3-5 days in Salem and then another 3-5 days to backfill. Mr. Borgio also described that, based on his experience, video monitoring was not adequate for monitoring, and that sonar was superior in this capacity. Mr. Marta described how construction will relate to lobster migration so that construction does not take place during the migration in that area-between June and October. He noted that, based on their HUB experience, a few lobsters will be buried during the construction process, but that the work will have little to no effect on the migration. Mr. Bonsall also noted the efforts they had made to work with the lobstermen on this project. . Mr. Bonsall described the tax revenues that will be bought to Salem as a result of this project. Keith Glidden asked where the construction equipment would come from and wanted to be sure that there would be no fungus issues or transporting of water with foreign elements into Salem's waters. Mr. Borgio noted that the construction equipment would come either from the Gulf of Mexico or Europe, but that the equipment would not have any ballast water left in it, so there will be no issues. Keith Glidden noted that he wants to see the construction log and post-construction surveys related to Salem. Algonquin repetitive felt that was a reasonable request. Mr. Bonsall described the 3 shutdown valves on the ship (purely informational comment). Mr. Noel noted that there are check valves on the pipeline, so the pipeline will not evacuate if something happens to the ship. He also noted that the lifeline of the pipe is at least 40 years, and often last longer than the barges/ships. Mr. Borgio noted that the concrete used in the pipeline is durable in marine • environments. Mr. Borgio and Mr. Bonsall noted that if both the Algonquin and Neptune lines are Page 6 of 14 • built, they will be parallel for about 7 miles, including the entire portion running though Salem's waters. Carey Duques asked what the likelihood of the two lines combining into one. Mr. Bonsall noted that it is not likely. Mr. Borgio noted that due to the increased size of the pipe and other factors, merging the 2 pipes into 1 would not necessarily translate into less environmental impact. Carey Duques asked if gaps in the chain link fence of their landside Salem facility had been repaired. Mr. Noel noted that they had mended the gaps and filled the spaces with rock, but that there was still work to be done on the fence, expected to be complete in the next month. David Pabich asked about the historic dumping grounds, what agencies had Algonquin talked to. Mr. Marta replied that they had to report to the EPA, National Marine Fisheries, NOAH, DEP, MEPA, to name a few. He noted the extensive testing that had been done on the proposed path of the pipeline and was very confident that if there were any barrels, the surveys, tests, sonar would have picked them up. Kevin Cornacchio opened the hearing up the public. • Mary Rogers, 14 Peabody Avenue, Beverly, asked about holding tanks for the gas and then stated that it was not her impression that Beverley was ready to issue and Order of Conditions. Mr. Bonsall noted that there would be no holding tanks. Pauly Bradley, 33 Summer St, Nahant, noted that the letter and information she's submitted related to Neptune also applies to this project. She expressed her concerns about the HUB line. Mr. Bonsall stated that they had been working extensively with lobstermen on preparing for this project. He also noted that they would ask the lobstermen not to drop their pots in the construction zone to avoid any issues of accidentally catching tra ps. Mark Trembely, 7 Laurier Rd, Salem, asked why, if lobsters were such a big concern, Algonquin couldn't raise and release a bunch of lobsters as mitigation. Mr. Marta noted that it is not that easy to establish a hatchery and release lobsters, but that they did provide funding to the state for such purposes. Mary Rogers, 14 Peabody Avenue, Beverly, asked about flow and why there was not storage tanks. • Mr. Noel described the flow of gas, pressure and that the pipeline provided for storage when necessary. Page 7 of 14 • Rosemary Maglio, 30 Pleasant Street, Beverly, asked if the pipeline will cross the Hibernia Cable. Mr. Noel stated that it will not. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joe Furnari, and approved (6-0). Keith Glidden then moved to issue an Order of Conditions for DEP #64-423, with the following special conditions: 1. Applicant shall submit a summary of activities occurring within Salem post- construction including any sonar or water quality monitoring logs. The motion was seconded by Joe Furnari and approved (6-0). Continuation of Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA. Kevin Cornacchio noted that Bruce Poole had faxed a request to continue to Carey Duques dated October 12, 2006. Mr. Poole noted that the applicant is still awaiting DEP's comments and will then need time to review these comments. David Pabich made a motion to continue to October 26th. The motion was seconded by Joe Furnari and approved (5-0). • Public Hearing—Notice of Intent— DEP #64-433— 7 Laurier Road, Salem MA Kevin Cornacchio read aloud the legal notice for this item. Mr. Trembly described his plans to install a wood slat fence, deck and above ground pool. Carey Duques noted that she had not been in touch with Mr. Trembly to request photos of the existing conditions. Kevin Cornacchio noted that the patio is proposed to be located partially on the City's Right of Way. Mr. Trembly agreed that Kevin Cornacchio was correct, but that he has proposed pavers that can be picked up and moved if necessary to allow for access if required. Kevin Cornacchio asked if that solution was adequate, and Carey Duques agreed that it was. David Pabich asked if the pool was proposed in the City's Right of Way as well. Keith Glidden noted that this placement is acceptable, but that Mr. Trembly could not restrict access. Mr. Trembly noted that the pool would be 18 feet in diameter and he would try to keep • it out of the easement area. Kevin Cornacchio asked where the fence around the pool would be located. He noted Page 8 of 14 • that his concern was that if the fence had to be located around the pool, that would fall in the resource area and Mr. Trembly would need to submit another application to the Conservation Commission. Mr. Trembly replied that the fence would be attached to the pool. He stated that he had spoken with Tom St. Pierre, the Building Inspector, to confirm that was acceptable. David Pabich asked about the construction technique for the proposed fence. Mr. Trembly noted that in the resource area, he would be installing the posts by hand. Keith Glidden noted that the owner cannot drain the pool into the brook or into his yard. Mr. Trembly acknowledged this and noted that he would run a hose from the pool out to the drain, with permission from the City. Kevin Cornacchio opened the hearing up to the public. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joe Furnari, and approved (7-0). Joe Furnari then moved to issue an Order of Conditions for DEP #64-433, with the following special conditions: 2. Current and subsequent owners cannot dump or drain anything into the catch basins. • 3. The Owner will hand dig the posts for the fence in the resource area and any spoils from the digging must be disposed of off site. 4. This approval for the above ground pool is contingent upon the above ground pool meeting City codes for fencing. The motion was seconded by Keith Glidden and approved (7-0). Continuation of a Public Hearing— Request for an Amendment to an Existing Order— DEP #64-360— 7 Laurier Road Salem, MA 01970. Kevin Cornacchio noted that Mr. Trembly had provided the video of the catch basin cleaning, but that the Conservation Commission was still waiting to hear back from the City Engineer. Mark Trembley presented a letter from his wetland scientist noting that he would oversee the excavation work. David Pabich asked if he had a narrative description of the excavating/restoration plan ready to submit. Mr. Trembly noted that he did not have a phased narrative. David Pabich also noted that the applicant needs to show where the hay bails and silt fence will be located during construction, including where construction equipment will be located and stored. He reiterated that the plan needs to show everything related to this amendment. • Carey Duques clarified that the applicant needs to submit a revised plan of the work to be completed and a sequencing plan. Page 9 of 14 • Kevin Cornacchio opened the hearing up the public. Joe Furnari made a motion to continue to October 26th. The motion was seconded by David Pabich and approved (7-0). Public Hearing—Notice of Intent— David Masse SSSD, LLC 20 Mall Road Suite 325 Burlington, MA. Kevin Cornacchio read aloud the legal notice. Peter Blaisdell and Larry Gradstein were present to represent the applicant. Mr. Blaisdell presented the proposed plan for the property that includes the redevelopment of a portion of the former Sylvania Plan as a 3-story commercial building (24,500 square foot footprint) with parking—the total impervious area will be 1.9 acres. This coverage is reduced from the Sylvania Plan use. He noted that the property is in the North River, Riverfront Area and subject to the Coastal Storm Flow requirements. They believe that while the FEMA maps show the property designated as a River Front Area, the site has previously been developed and no longer fits that designation. Mr. Blaisdell described the hydrologic analysis done on the site which includes current flow, proposed flow and pre 1995 flow (this is the period when the Sylvania Plan was in operation). He noted the proposed plan reduces flow from either of the other two periods. • Mr. Blaisdell listed the comments that the applicant had received from DEP along with the applicants' response to each. Mr. Blaisdell noted that the proposed plan has the required number of parking spaces to meet the zoning regulation. He stated that the zoning reflects the need to increase parking in Salem to attract businesses. He also noted that the plan has more greens pace than is required by zoning. He feels that the plan has the general support of the neighborhood. David Pabich asked if the existing outflows are controlled with check valves. Mr. Blaisdell replied that no, they did not. There have been upgrades to Bridge Street so the existing conditions have changed from the conditions reflected on the FEMA map. David Pabich asked if the elevation of the out falls were tested. Mr. Blaisdell replied that yes, they had tested the elevation on May 16`h, after the Mothers Day Flood. He further noted that the Sylvania Plant did not have a history of flooding. Carey Duques asked why the applicant had focused development on one side of the parcel. Mr. Blaisdell stated that the owner is waiting to develop the corner of the site until he applicant decided what would work best on the corner, likely a retail use. Carey Duques asked why the building was pushed so close to the street. Mr. • Gradstein noted that the NRCC zoning in place on the site is designed to create a streetscape with buildings close to the street. Page 10 of 14 • David Pabich stated that he did not think using pre-1995 as a baseline was not relevant, but since numbers work with the current conditions, that is ok. Mr. Blaisdell noted that he had learned from an experience in Peabody that it is sometimes relevant to examine a redevelopment site at its various stages due to the different uses and effects that can have on flow. Kevin Cornacchio scheduled a site visit for October 26`h at 5 pm. Kevin Cornacchio opened the hearing to the public. Joe Furnari made a motion to continue to October 26th. The motion was seconded by Keith Glidden and approved (7-0). Public Hearing— Request for an Amendment to an Existing Order— DEP #64- 396— Massachusetts Electric Company d/b/a National Grid, 55 Bearfoot Road Northborough, MA. Kevin Cornacchio read the legal notice aloud. Ken Lento and Ken Fields represented the applicant. Ken Fields described the need for the required amendment. Due to a break in to a LNG facility in Everett, security has been tightened significantly. The increased security has made it necessary to create an alternate temporary road for construction vehicles to access the worksite. • Mr. Fields noted that the proposed temporary road boarders an area designated as vegetative wetlands. However, the soils do not meet the standards for vegetative wetland and the area does not boarder a wetlands. Mr. Fields described the temporary road as being made of either gravel or swamp mats and would be 600 feet long. He noted that the path of the road was laid along the most level area possible. Of the total length, 136 feet would be along the vegetative wetlands. He noted that the applicant would restore the area by raking and seeding. Kevin Cornacchio asked what kind of vehicles would be using the road. Ken Lento stated that they would be 18 wheel dump trailers. Kevin Cornacchio noted that he would prefer swamp mats. David Pabich noted that gravel would be easier for the trucks to drive on and that there would be less chance of a truck tipping over. Amy Hamilton asked if the applicants had a water truck on site that could help with dust control on a gravel road. Mr. Lento noted that they do. Kevin Cornacchio opened the hearing up to the public. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joe Furnari, and approved • (7-0). Keith Glidden then moved to amend the existing Order of Conditions for DEP #64-396 Page 11 of 14 • to allow for the instillation of the temporary road. The portion of the road constructed in the resource area to be made with swamp mats and the remainder to be gravel. The motion was seconded by Joe Furnari and approved (7-0). Old /New Business DEP # 64-397—Thomas Circle— Sewer Extension Project Discussion of oroiect change and work within a buffer zone. Anthony Tirro, the Owner and Contractor, represented himself. He noted that he did put the silt fence in before he started work, then blasted for the sewer and noticed that the abutter's yard was eroding, so he put some blasted ledge against the eroded area. He stated that he knew he had to put a drain swale at the existing grade of 19 Thomas Circle. He also noted that his construction plans did not include the "no disturb" zone, as stated in the Order of Conditions. He noted that he understood that to be an oversight on his part. He then noted that he thought he had encroached while working on the sewer, so he contacted Scott Patrowitz to confirm. When Scott saw the site, he told the Owner that he had violated his Order of Conditions and then began his conversations on this topic with Carey Duques on September 20`h. On October 2nd, he received a call from Carey Duques to tell him to stop work. • He further noted that the drain swale was now at a less steep grade, which would decrease the velocity of flow and therefore be better for the conservation area. Carey Duques noted that Scott Patrowitz had been listed as the applicant on the NOI, so she had mailed the Order to stop to Mr. Patrowitz's office, but he had moved and the Order was returned to her on October 12`h. Carey Duques asked if he could have taken a different path and that she did not understand why he didn't have a copy of Scott's plans. Mr. Tirro noted that this was his own fault. Carey Duques further noted that Mr. Tirro informed her that he was not aware of the other Conditions. Mr. Tirro confirmed this. David Pabich asked what the Owner removed. Mr. Tirro stated that he removed brush and trash. Kevin Cornacchio noted that the Owner would need to re-vegetate, but that the planting season was over and he would need a planting plan for Spring and temporary measures to be put in place now. Michael Blier noted that in addition to the removal of vegetation, the topography of the site had been altered. David Pabich stated that the area needed to be stabilized, then seeded and planted in the spring. Then the area should be treated per the original Order of Conditions. • Amy Hamilton added that erosion control measures might be required. Page 12 of 14 • Kevin Cornacchio noted that he needed to go see the site, to see what the Owner had done and to see what control measures he had in place. Kevin Cornacchio noted that the item would be continued to October 26th. Request for a Certificate of Compliance DEP #64-416 2 Cedarview Street Carey Duques recommended that the Conservation Commission issue a full Certificate of Compliance. Joe Furnari then moved to issue a full Certificate of Compliance for DEP #64-416. The motion was seconded by David Pabich and approved (7-0). Request for a Certificate of Compliance DEP #64-353 Dominion Energy Kevin Cornacchio recused himself from this item. Carey Duques noted that the proposed work was never completed and that the NOI had lapsed. Keith Glidden then moved to issue and Invalid Order of Conditions for DEP #64-353. The motion was seconded by David Pabich and approved (6-0). DEP # 64-420—Leaps Hill YMCA— Discussion of proiect change and alteration to drainage outfall plans. • Carey Duques noted that the applicant had incorporated a double catch basin, but the laying of pipe changed. The reason for the change was related to fire access issues raised as the project went though the Planning Board. Additionally, the topography of the new plan allows the outfalls to work better. David Pabich and Kevin Cornacchio both noted that they felt the new plan was better than the old plan. The Conservation Commission noted that there was no vote needed and that a formal amendment was not required. 3A Winter Island Road—Maintenance of seawall burying utilities and request by the Conservation Agent for landowner to file a Notice of Intent. Carey Duques noted that she went to the site and spoke with the owner. She did ask them to stop work and file and NOI. She asked the Conservation Commission to schedule a site visit prior to the next meeting. Kevin Cornacchio noted that the project had received a Chapter 91 license, and that the owners had just forgotten to bring the project before the Conservation Commission. Kevin Cornacchio scheduled a site visit for 4:30 pm on October 26`". • Adiournment There being no further business to come before the Commission this evening a motion Page 13 of 14 was made by Joe Furnari to adjourn the meeting, seconded by Keith Glidden and approved (7-0). The meeting was adjourned at 11:15 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission CC101206 • • Page 14 of 14 • CITY OF ;LLI� r1 , • SALEM CLEhIt'S OFFICE t CONSERVATION COMMISSION 200b OCT 20. A 11: 1 l NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, October 26, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Revised Agenda: 1. Meeting Minutes---October 12,2006 2. Continuation of a Public Hearing—Notice of Intent—DEP#64-427=Neptune LNG,LLC, One Liberty Square, 10'" floor, Boston, MA 02109. The purpose of the hearing is to discuss the construction of an underwater,buried gas transmission pipeline in association with its proposed Deepwater Port,located offshore in Massachusetts Bay. • 3. Continuation of a Public Hearing—Notice of Intent—DEP #64426—A & H Auto Exchange Inc., 15 Robinson Road,Salem,MA. The purpose of this hearing is to discuss the construction of stormwater control structures located within a buffer zone to an inland bank and BVW and culvert a portion of an intermittent stream, pursuant to a DEP Consent Order, at 15 Robinson Road. THIS ITEM WILL BE CONTINUED UNTIL THURSDAY NOVEMBER 16,2006. 4. Continuation of a Public Hearing—Request for an Amendment to an Existing Order—DEP#64-360- 7 Laurier Road Salem, MA 01970. The purpose of the hearing is to discuss amendments to a previously approved Order of Conditions (DEP#64360)regarding the replication and restoration of wetlands within a bordering vegetative wetland and an intermittent stream and the cleaning of a 24 inch drain line at 7 Laurier Road. THIS ITEM WILL BE CONTINUED UNTIL THURSDAY NOVEMBER 16,2006. S. Continuation of a Public Hearing—Notice of Intent— DEP #64434—Town and Country Homes 532 Lowell Street Peabody,MA 01960. The purpose of the hearing is to discuss the proposed construction of a 37- lot sub division and four stormwater management facilities associated with the subdivision off Clark Avenue 6. Continuation of a Public Hearing—Notice of intent—DEP#64-435—David Masse SSSD,LLC 20 Mall Road Suite 325 Burlington, MA. The purpose of the hearing is to discuss proposed redevelopment of the former Sylvania Plant as a commercial three-story building at 401 Bridge Street and 44 Boston Street(aka 60 Boston Street). 7. Public Hearing—Request for a Determination of Applicability—Salem State College,352 Lafayette Street, • Salem,MA. The purpose of the hearing is for a determination of work related to the construction of a shed on an existing prier located in the coastal waters of Smith Pool at 92 Fort Avenue. 120 WASHINGTON STREET, SA!A:,'4, MAti$AC HUS6' ': 0197 CSL: 978.745.9595 FAX: 978.740.0404 • 1V 47/.S.4LE:d.COA1 o c CITY OF SALEM CONSERVATION COMMISSION 8. Public Hearing—Notice of Intent—DEP#64-436—Peter and Diane Haywood, 3 A Winter Island Road, Salem,MA. The purpose of this hearing is to discuss repairs to an existing concrete block seawall within Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storer Flowage at 3 A Winter Island Road. 9. Old/New Business • DEP#64-397—Thomas Circle—Sewer Extension Project. Discussion of project change and work within a buffer zone. • Request for a Certificate of Compliance DEP#64-419—Salem State College Harrington Hall Parking Lot Drainage Project • • Page 2 of 2 12O U%P.SHI NOTON STREET, SALEM, MASSACHUSEFTS 01970 . TgL: 978.7115 9595 FAX: 978.740.0404 0 WWW.SALEM.001M • Salem Conservation Commission Minutes of Meeting Thursday, October 26, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, October 26, 2006 at 6:00 p.m. in the third floor conference room at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Amy Hamilton, David Pabich, and David Summer. Also present was Carey Duques, Conservation Administrator. Members absent: Keith Glidden and Michael Blier. Approval of Minutes The minutes of the Salem Conservation Commission meeting held on October 12, 2006 were presented for approval. Joseph Furnari moved to approve the minutes, seconded by Amy Hamilton and approved (5-0). Continuation of a Public Hearing—Notice of Intent—DEP #64-427—Neptune LNG, LLC, One Liberty Square. 10th floor. Boston. MA 02109 Kevin Cornacchio noted that Amy Hamilton was recusing herself from this item. Kevin Cornacchio noted that Conservation Commission had received packet from the • applicant to address questions raised at the last Conservation Commission meeting. Doug Jones, representing the applicant, also brought Dan Furgison, with the pipeline design company to answer any pipeline construction and operation related questions and Gene Florentino, a geologist and environmentalist, to answer any sediment/chemistry questions. Mr. Jones discussed the backscatter diagram and why Neptune had selected the chosen route. He then stated that the Neptune representatives would seek to address the Conservation Commission's concerns from the previous meetings. Mr. Furgison, described diagram of sea floor and gave an overview of surveys. He also noted sample locations which were taken along the direct route (the route Neptune is not using) and less direct route (the route Neptune has chosen). Mr. Furgison described the pipeline route in relation to the historic dumping grounds. He gave an overview of the survey done off shore including scanning the area with sonar equipment, which was then translated into this type of diagram. They also did a range of surveys though the sea floor (to show sediments), across the sea floor (to locate any wrecks of ships, barrels, lobster pots), samples taken from the sea floor down to 20 feet (to ensure the area was plow-able). He noted that a lot of the information on their diagrams and maps was available on the web already. He clarified the surveyed area followed the selected route, not the entire sea floor, plotted results on the existing information. There were 3 core samples taken in Salem's jurisdiction, 1 done further south and 1 done further north. He also described the • color differences on the survey, green, brown and blue areas all generally allowed to be plowed. Brown is harder, blue is softer. Page 1of13 • Mr. Furgison described the construction of the pipeline. He noted that the pipe will be laid on sea floor, then a plow will go back and plow the pipe into the sea bed. Then the plow will go back along and bury the pipe. He noted that surveys would be done both before the pipeline is buried and then again after. He stated that no vibration method is used to settle soil once the pipe is buried, the sea floor will be left to do naturally. Mr. Furgison, explained the 2nd diagram which shows what pipeline soils will look like/sediments over depth, from cores. In Salem they took 3 samples. All info indicates that the pipeline can be buried 3 feet. He explained that the depth of pipeline is regulated by depth requirements in this country. David Pabich asked what data they gained, if any, from the magnetometer. Mr. Furgison replied that the magnetometer was used to look for large metallic items or clusters of metallic items. Such detections indicate the presence of impediments to laying the pipeline, like ships, planes or barrels. If impediments are found, the pipeline must be laid a certain distance from those areas. He noted that the magnetometer did not discover anything of interest or concern along the chosen route aside from small metallic objects, likely lobster pots. He stated that all data from this study was submitted to the Coast Guard for their review. David Pabich asked how they know that they were not seeing something more significant than lobster pots, how did they know that they were not seeing 50 gallon drums? • Mr. Flarintino noted that the technicians were experienced and would be able to differentiate between lobster pots and clusters of 50-gallon drums. He asserted that the technicians would have investigated anomalies and they seen any. Mr. Flarintino described the environmental cores that were taken at .3-mile intervals in the area mapped as the historic dump site. Outside of that area, cores were taken every .6 miles. He said that the sampling plan had been submitted to the EPA and they made suggestion to space closer together and we took their suggestions. Because samples were taken along the direct and indirect routes, there are 12 core samples taken in Salem's jurisdiction. Nothing significant was detected. Mr. Flarintino stated that the USGS map indicates historic dumping ground. There was a lot of short dumping approaching the disposal area, but the surveys and tests did not find anything like that on the pipeline route. He listed the types of tests done including photos, video, SPI (Sediment Profile Image) samples. He noted that there was little information available on the dumpsite, and that the most recent info was from 1969. He continued that it was unclear when site was in operation, but based on data, it did not appear that the dumpsite was in operation after 1969. Mr. Furgison stated that he would next address concerns raised about the concrete used to encase the pipes. He described that a steel pipe unprotected without coating would loose 1 mm coating per year. This pipeline will have 3 inches of concrete, which will help keep the pipe on the sea floor and will protect the pipeline. He noted that all welds will be covered with concrete and that all of the welds will be x-rayed before the • pipeline is laid. In addition, zinc material will also coat to help prevent corrosion. He stated that the pipeline was designed to last 25-30 years. He further described the routine maintenance procedure for the pipeline--evacuating gas from the pipe and Page 2 of 13 • then sending x-rays though the pipeline to provide the interior wall, to be done at least every 5 years. Mr. Furgison then stated that we would answer questions about plowing. He recalled that the Conservation Commission had requested video monitoring and had asked who will be monitoring. There is a camera on the plow facing forward and one facing back looking at sea floor. He noted that the cameras will ensure that pipe laying is going as planned and will be scanning to left and right to make sure nothing unusual is happening. This video feed is recorded and conducted during plowing and backfilling. He further noted that two people will monitor the video and if they see anything unusual who will slow or stop the plow if they detect an oil drum, etc. Mr. Furgison stated that if potential contaminates are detected, visual or otherwise, the area will be inspected by independent cameras, as necessary. Mr. Furgison next addressed questions raised regarding water contamination. Each pass of the barge/plow, measurements will be taken to ensure that levels are within standards levels as established by the appropriate permit. He continued that the Doppler profiler would measure turbidity, which will be monitored throughout the plow and backfill process and that the operations will slow or cease operations if the levels exceed established limits. Levels will be measured 2300 ft to both sides of the trench and 65 ft vertically. Should there be any release, Mr. Furgison stated that the effects would only last a matter of hours and that there would be no long term effects. Mr. Jones acknowledged the Conservation Commission's request for reports during the • project. He noted that the applicant can provide video and reports specific to Salem's portion of the pipeline. Mr. Jones concluded that he felt they had addressed the issues raised at the last meeting, noted that all info was contained in the packet. Kevin Cornacchio opened the issue up to public comment. Mary Rodrick, 14 Peabody Street, asked why the applicant had tested for radio activity. Kevin Cornacchio noted that Algonquin did testing and did not find anything of concern. Mr. Flarintino noted that this issue was related to military records of dumping, but that was not within Salem area and did not find anything harmful. Conservation Commission noted that there are several other agencies looking at this item. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the hearing, seconded by Joe Furnari, and approved (4- 0). David Pabich then moved to Issue an Order of Conditions for DEP #64-427 with the • following conditions: 1. Approval contingent upon the receipt of all other required permits. Page 3of13 • 2. Applicant shall submit a summary of activities occurring within Salem post- construction including any sonar or water quality monitoring logs. Carey Duques noted that the conditions will be the same as those issued to Algonquin. The motion was seconded by Joe Furnari and approved (4-0). Continuation of a Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc.. 15 Robinson Road. Salem, MA. Kevin Cornacchio read the letter from the applicant requesting an continuation, because they just got DEP comments and need time to review and address, signed by Bruce Poole. Kevin Cornacchio continued that this item will be continued until Thursday, November 16, 2006. Joe Furnari made a motion to continue to November 16th. The motion was seconded by David Pabich and approved (5-0). Continuation of a Public Hearing— Request for an Amendment to an Existing Order— DEP #64-360— 7 Laurier Road Salem, MA 01970. Kevin Cornacchio read letter from Mr. Tremblay (applicant) asking to continue. Mr. Tremblay stated in a letter that he needed time to obtain a phasing and sequencing plan from a wetlands scientist. Kevin Cornacchio stated the request that this item be continued until Thursday, November 16, 2006. • Joe Furnari made a motion to continue to November 16th. The motion was seconded by David Pabich and approved (5-0). Continuation of a Public Hearing—Notice of Intent— DEP #64-434—Town and Country Homes 532 Lowell Street Peabody MA 01960. John R Keilty, Esq., representing the applicant, noted that DEP sent correspondence to the applicant asking for stormwater management information. He continued that the applicant replied last week. He noted that it is important for Conservation Commission to know that a peer review is being conducted by Fay, Spoffard & Thorndike for the Planning Board and drainage issues will be included and given to Conservation Commission. He stated that the Planning Board public hearing has been opened and they have extended the time to act on the special permit until December 18`". Mr. MacDowell, also representing the applicant, noted that he would be revising plans to address DEP concerns and will give a copy of the plans to the Conservation Commission. Mr. MacDowell stated that the Conservation Commission had asked for supplement data, included plans at a 20 inch scale, which were handed out to the Conservation Commission. The supplemental information shows the location of emergency spillways and a detail of the spillway, which will be rock lined and 10 inches in width. He noted that an emergency overflow would go into this area. He also noted that they applicant was providing a construction sequencing plan. The information also includes a detail • of the grass block paver next to vortex structures, which will be constructed if the clean out is more than 5 feet from sidewalk. Additional, information for the open space signage, as it relates to animals, is included. He noted that the signs were Page 4 of 13 • suggestions, but that he believed the City has some signs of their own, and he asked Carey Duques to look at Forest River area signs. He stated that signs would be located at each entrance to tell owners to keep pets under control. Finally, he noted that more detailed plans of the detention basins are not included, but will be forthcoming. Conservation Commission asked how the open space area will be utilized. Mr. Keilty noted that the open space is required to create the cluster development, as proposed. He stated that the Planning Board will guide whether the land is deeded to the homeowners association or to Conservation Commission. He noted if the Conservation Commission wanted the land deeded to the Commission, he could suggest that to the Planning Board. He also offered to get copies of DiBiase the decision (re open space ownership) to the Conservation Commission—it is partly a question of maintenance. He further clarified that the path is a walking trail, not a bicycle path, and will be kept as natural as possible. Carey Duques noted that she would find a copy of the DiBiase decision and share it with the Conservation Commission. Conservation Commission agreed to review. Attorney Keilty asked to continue the hearing until November 30th to give the applicant time to get information to the Conservation Commission and give them time to review. Additionally, continuing would allow the Conservation Commission time to • get feedback from peer review. Kevin Cornacchio opened the hearing up to public. David Colpitts, 18 Clark Avenue, expressed several concerns. In general, he noted that the project will impact neighbors and he opposed the size and scope of the project (37 units and related infrastructure), and the location and scope of runoff controls. He noted that he felt that the water run off should be controlled on the site and not steered toward Clark Avenue. He cited the most recent flooding this year as his reason for concern. Mr. Colpitts submitted handouts to the Conservation Commission. Further, he expressed concerns about drainage capacity differences between summer and winter, noting that vegetation soaks it up quicker in the summer than in winter. Further, he noted that he wants the applicant to relocate runoff controls (basins, runoff controls) to the other side of the project and he asked for further detail to be submitted regarding alternate locations. He stated that the three roads and trails proposed will cause run off into the wetlands. He asserts that there are vernal pools in area, as indicated by frogs. Finally, he noted that if the plan goes forward as proposed, the neighbors will take the developer to court. Carey Duques noted to that a peer review will review all of these concerns and double check calculations. Kevin Cornacchio noted to the applicant that the peer review needs to look at alternative drain locations. • Mr. Colpitts questioned the grade proposed grade changes, the lack of detail on the topographic maps and the amount of blasting required to achieve the new grades. He noted that he feared that the site would become a quarrying operation and suggested Page 5 of 13 • the Conservation Commission visit such a site in Peabody and stated that he would bring in a video. He further noted that the pumping stations will effect the wetlands, and will present long term maintenance issues. Carey Duques noted that according to the National Fish and Wildlife map, there are no vernal pools on the site. David Pabich noted that the abutters can bring in pictures of frogs to substantiate their claim. Mr. Colpitts also noted his concern that the proposed plan will undermine existing roadways because of run off. He also voiced concerns about roof runoff. He stated that he believed that there is no cost basis hardship in the property. Kevin Cornacchio noted that blasting and several other items noted do not relate to Conservation Commission. He noted that they relate to Planning Board. Mr. Colpitts handed in a petition with 80 signatures. He stated that while not all those on the list could attend this meeting, they are concerned. He noted that he did not have pictures of the major flooding this spring, but he would check with the newspaper to see if they can provide pictures. Mr. MacDowell noted that would look into the concerns expressed, including proposed alternate and handouts, and prepare a response. He further noted that the peer review would also address these concerns. • Patricia Colpitts, 18 Clark Avenue and residents of 21 Clark Avenue expressed their opposition to the proposed plan. Lilliana Delmarto from 9 Clark Avenue opposes the proposed plan and the construction of 37 homes. Joe Furnari made a motion to continue to November 30th. The motion was seconded by David Pabich and approved (5-0). Continuation of a Public Hearing—Notice of Intent— DEP #64-435—David Masse SSSD, LLC 20 Mall Road Suite 325 Burlington, MA. Redevelopment of Sylvania Plant. Larry Gradstein, architect, appeared to represent the applicant. He noted that Peter Blaisdell was not able to attend the meeting. Mr. Gradstein briefly described the proposal to redevelop a portion of the former Sylvania Plant into a 3-story commercial building. He then noted that he did not know of any outstanding issues, but wanted to answer any questions raised as a result of the Conservation Commission's site walk. David Pabich noted boring holes on site. Mr. Gradstein replied that the geotech had been on site testing to prepare for deep foundations. Results are not back yet, but the preliminary word is that he will have to • go deeper with the footings than they had expected. He then noted that the LSP on the project found no contaminants on site and is working with a geotechnical engineer. An Activity and Use Limitation (AUL) may need to be placed on the site because of"hot Page 6 of 13 • spot" concerns. However, he noted that the building is not on a watch area. Carey Duques passed on Keith Glidden's concern of contaminants on site and asked if there will be tire washing station on site. Mr. Gradstein relied that the Board of Heath has made a tire washing station on site during construction a condition. David Pabich stated that he wants to see language as to what will be done with that wash water, and how and where it will be treated. David Pabich then asked if the applicant had any measures for stormwater in place. Mr. Gradstein replied that there is an erosion plan in place and referred to the plans submitted with the application. David Pabich questioned the condition of the existing drainage structures and requested that existing lines be inspected via a video monitor and cleaned. Carey Duques stated that she spoke with City Engineer, Bruce Thibodeau, and he wants to see all lines cleaned and Wed on site, this includes anything that leads to the North River. She further stated that the applicant needs to contact the City Engineer to discuss this project. David Pabich stated that he wants the applicant to install check valves on outfalls that • do not already have valves. He believes that the outfalls will be underwater in floods. He does not believe that the measurements the applicant has accounts for the maximum flooding potential at high tides. He further stated that any storage you can gain will be good and this includes the volume in the pipes. Mr. Gradstein asserted that the flow from the site after the proposed project is complete would be less that it is today because they are decreasing the impervious area on site. Carey Duques asked for an explanation of how they determined the decreased flow rate on the proposed plan (difference between current and proposed.). Mr. Gradstein noted that they would be removing approximately 10,000 square feet of pavement and adding green space. Further, he noted, when you factor in the building and the development at the corner of site, the impacts will be even less. He clarified that the comparison of runoff is calculated on the whole site, including the corner of the parcel that is not part of the proposal. This was done to give a more accurate existing and proposed conditions comparison. Mr. Gradstein noted that only two of the existing outfall structures would be utilized to discharge runoff into river. Mr. Gradstein noted that all runoff does ultimately flow into North River. He stated that the applicant noted that there might be pocket of low area, and while it was not a big concern, it did direct flow toward the neighbor. As a compromise with their neighbor, the applicant will create a yard drain in that low location and tie it into the existing drain. Carey Duques reviewed DEP comments and responses discussed at the previous • Conservation Commission meeting held on October 26th. David Pabich asked to be shown the locations of the current inverts, where they tie in Page 7 of 13 • and out. He stated that he wanted to be sure that the outflow is controlled. Amy Hamilton asked if is there will be a part of the existing suture they will not be suing and, if abandoned, what will the procedure be. Mr. Gradstein stated that there are old drains and catch basins, but he is not sure where they go. Further, he was not sure what would happen to the old structures. He stated that he believed they would either be removed or filled, but he needed to look into this and get back to the City. David Pabich stated that he wants to be sure nothing is leaving the site that shouldn't be. Mr. Pabich requested that the applicant follow typical protocol for abandoning structures. David Pabich also noted that he wants to see protocol for tire washing station. Kevin Cornacchio open up to public. There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by David Pabich, and approved (5-0). David Pabich then moved to issue an Order of Conditions for DEP #64-435, with the following special conditions: 1. Applicant will submit additional information, for approval, regarding the tire • washing station protocol. 2. Prior to demolition, filter-socks shall be installed in catch basins connected to drainage systems that discharge into the North River. Upon completion of construction, the filter-socks can be removed. 3. Applicant will inspect and clean all existing drainage structures that they propose to reuse and/or connect to for discharging the site's stormwater. 4. Applicant will inspect outlets that discharge from the site into the North River to determine if they have one-way valves. The applicant shall install one-way valves on each of the outlets that lacks one way valves. The applicant shall provide information regarding the condition of the outlets that discharge into the North River. 5. Abandonment of drainage lines and structures will be done according to City requirements. 6. Applicant and all future owners shall not use fertilizers, herbicides or insecticides on the site. The motion was seconded by Joseph Furnari and approved (5-0) Public Hearing—Request for a Determination of Aoglicability— Salem State College, 352 Lafayette Street, Salem, MA. Kevin Cornacchio read the legal notice aloud. Mike Howard, of Epsilon Associates, appeared to represent Salem State College (SSC). Mark Fergeau, of SSC, who manages the aquaculture facility, also appeared. • Mr. Howard briefly described the shellfish fishery that that SSC operates at Smith's pool. He noted that the fishery needs more storage facilities. To this end, he Page 8 of 13 • described the 12x24 prefab shed the applicant is proposing to locate on the existing pier. Additionally, he stated that the applicant wanted to extend conduits from the shed to the pier for the purpose of bringing utilities to the new shed. He stated that the shed would house fiberglass reinforced tanks and that the tanks would be drained in the winter. Mr. Howard noted that the proposed project does not fall within the buffer zone, but that the applicant wanted to come before the Conservation Commission for a determination. The Conservation Commission did not believe that the applicant was required to file an NOI. Kevin Cornacchio opened the hearing up to the public. There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by Amy Hamilton, and approved (5-0). Joe Furnari then moved to issue a Negative 2, the motion was seconded by David Pabich and approved (5-0). Public Hearing—Notice of Intent— DEP #64-436—Peter and Diane Haywood 3 A Winter Island Road, Salem. MA. • Kevin Cornacchio read the legal notice aloud. Peter Haywood, the applicant, submitted the requested information to the Conservation Commission. Kevin Cornacchio noted that the Conservation Commission visited the site. Mr. Haywood described the site and that he had replaced a seawall using sheet piling. He stated that he hoped to get it all backfilled in. He further noted that he dug a trench for deadman wall to hold the sea wall and put in utility conduits for water and electricity along wall and then backfilled. Finally he noted that he had subsequently replaced the backfilled materials. He stated that he then reached the point in the season when he needed to haul out boats. Kevin Cornacchio noted that Mr. Haywood runs a business, and that the Conservation Commission had to stop him from continuing his work. Carey Duques had gone to the site on October 3 2006 and observed the work that had been started. Carey explained that she spoke with Mr. Haywood and informed him that he needed to complete a Notice of Intent for the work he was completing. Kevin Cornacchio noted that the work done went beyond maintenance, that the applicant had reconstructed the whole wall. He noted that the applicant was going to notify the Department of Environmental Protection (DEP) for a Ch 91 license. Mr. Haywood stated that he got contact information for the DEP from Carey. • Kevin Cornacchio stated that there is not much the Conservation Commission can do until the applicant starts the Ch 91 process. Page 9 of 13 • Carey Duques noted that DEP had said "no comment", but that she had put a call into DEP to double check and has not yet received a call back. Further, she noted that she would get advise on next steps from DEP. She reminded the applicant that they also need to follow up with DEP about the Ch 91 license and what it covers. Carey Duques reminded the applicant that going forward any maintenance work will need to go through the Conservation Commission under an Request for Determination of Applicability application at the least. Mr. Haywood asked if he would need to get an RDA to leave pilings covered. David Pabich replied that the Conservation Commission would review and they may issue an RDA or require a NOI. Kevin Cornacchio noted that the hearing should be continued to November 30th, and told the applicant that if he needed to continue after that date, he would need to submit a letter to the Conservation Commission. Kevin Cornacchio opened the meeting up to the public Joe Furnari made a motion to continue to November 30th. The motion was seconded by Amy Hamilton and approved (5-0). Old /New Business DEP # 64-397—Thomas Circle— Sewer Extension Proiect. Discussion of project change and work within a buffer zone. Tony Tiro, the applicant, appeared before the Conservation Commission. Amy Hamilton noted that the silt fence wan not yet staked in. David Pabich noted that instillation of silt fences was abysmal. He further noted that the applicant must extend hay bales to bottom along all open areas and extend the silt fence as well. He expressed concern that the site slopes down toward the resource area, so all erosion from upper levels of site will find their way into the resource area. He noted that he was very concerned about potential damage of the resource area due to run off. Mr. Tiro did no know that the extension area was within resource area. David Pabich further clarified that the areas Conservation Commission discussed are in Conservation Commission jurisdiction. He then described the area where hay bales and silt fence is required to the applicant in great detail. Conservation Commission noted that they were very concerned that the rains coming on Saturday. They further noted their concerns about both the hill and the area by the manhole eroding. • Mr. Tiro noted that this was very short notice. Kevin Cornacchio, noted that the Conservation Commission called for erosion control Page 10 of 13 • weeks ago, in fact months ago as part of the Order of Conditions. Mr. Tiro noted that that he was not planning on doing any work to the 3 house lots for a while, he further noted that the area was clear cut by the previous owner. Mr. Tiro then described the soil conditions on site, noting them to be all rock and clay. Mr. Tiro further noted that the work he has done has changed the grade and made the site better, flow-wise. David Pabich noted that he removed vegetation without approval and changed the grades without approval. The Conservation Commission decided to fine the applicant $200 per day, starting on Saturday (October 28th) if the silt fence is not keyed in. Additionally, Mr. Tiro needs to install hay bales immediately. Carey Duques noted that she would visit the site on Friday evening. Kevin Cornacchio noted that the Conservation Commission would discuss the remaining issues at the November 16`h meeting, at which time the applicant needs to propose a plan to stabilize the banks and stabilize the area between the old and new grades. Request for a Certificate of Compliance DEP #64-419—Salem State College Harrington Hall Parking Lot Drainage Project • Carey Duques noted that SSC put in the Vortechs unit and repaved. Carey Duques noted that the applicant had made a few minor changes in relation to some unexpected utilities found. Joseph Furnari then moved to issue a Certificate of Compliance for DEP #64-419, the motion was seconded by David Pabich and approved (5-0) A& H Auto RDA or NOI for ramps to scale. Carey Duques noted that A&H is in the process of hiring an engineer and working with Hancock Surveyors. A&H wants to install ramps for the 'old" scale. They are proposing to file this request separate from their current filing and they want to know if they need to file an RDA or NOI. Carey Duques further noted that the work will take place in the buffer zone, not the river front area. Kevin Cornacchio stated that if no digging is involved, he believes they could submit an RDA. He then asked if they were proposing a metal or earthen ramp and whether or not it would have footings. David Pabich noted that the applicant's representative shall decide which application . they shall file. MACC Carey Duques requested funds from the Conservation Commission to pay for • workshops. She noted that there will be a class on October 27`h which will cost $90.00 and another class on December 15` which will be $85. Page 11 of 13 • Joseph Furnari moved to approve the appropriation of funds, the motion was seconded by David Pabich and approved (5-0) Meeting Nov 91h canceled due to Veterans' Day Carey Duques confirmed that the next Conservation Commission meeting would be held on November 16th and the second meeting for the month would be held on November 30`h. Info on Pro-Bark instillation at 119 Marlborough Road, Swimming Pool 100' Carey Duques, explained that the Commissioners received information on this product Pro-Bark in their packets. She explained that a representative from Pro-Bark had met with her a few weeks ago and explained the technology. The mesh sock is filled with bark on-site and it is used as an erosion control instrument which replaces hay bales & silt fence. Carey questioned if the Commission had any concerns with how this product is used and if they object to it replacing hay bales and silt fence at project sites. An applicant for an upcoming project had requested if it could be used on site and the Commissioners did not have any strong objections and permitted its use. DiBiase-Phase II. amendment • Carey Duques stated that she went on a site visit and noticed that the owner is conducting work in Phase I. She noted that he has installed erosion control for Phase I were adequate, but that he has not yet requested any releases for Phase I and cannot yet start work on Phase II. She explained to him that he has not been approved by the Conservation Commission for work in Phase II yet. Carey Duques noted that he has installed hay bales for Phase II. She explained that while on the site visit with Paul DiBiase he stated that erosion controls were installed in Phase II because National Grid was doing work and traveling along the edge of the resource area. Carey Duques explained that Paul DiBiase would like to move into Phase II to do sitework and blasting. Because he cannot get a partial Certificate of Compliance for Phase I, he has asked what the next step would be. Carey Duques explained that he should request an amendment to his Order of Conditions to merge Phase I and Phase II. Carey Duques suggested that she suggest that he request an amendment, and that the Conservation Commission could review Phase I & Phase II as one project if he so requests. David Pabich and Kevin Cornacchio agreed, and added that the owner should be given a stern warning not to do any work in Phase II before getting his requested amendment. Carey Duques noted that the City is hiring clerk of works to oversee the process, for the Planning Board. • Carey Duques also stated that she needs to check in with National Grid and see what they are doing on the site. Page 12 of 13 65 Jefferson Avenue, current use, boat storage Carey Duques described the applicant's site, located where Jeffery Brothers was demolished. He said he using the site as boat storage. He noted that most of the boats are coming on site shrink wrapped, some are being wrapped on site. He wants to know if he needs an RDA for this action. Carey Duques noted that his long-term plans do include development on the site, but that the applicant said he knew he would need to come back to the Conservation Commission before proceeding with those plans. Amy Hamilton asked if the Conservation Commission could limit what is happening on site, to ensure that boats are being stored and NOT worked on. Conservation Commission decided to send a letter stating that the use of storage only does not require and RDA. Should the use change or any work be done to the boats, the owner must notify the Conservation Commission. Adjournment 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 David Pabich and approved (5-0). • The meeting was adjourned at 9:26 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission CC102606 • Page 13 of 13 r C;rC?C. , , , v CITY OF SALEM C�e�rr'somc IIA t CONSERVATION COMMISSION ' `Uu6 PJOV _ 8q ` : NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, November 16, 2006 at 6:00 pm at City Hall Annex, Room 314, 120 Washington Street. &M., !Wa• arrw" o ® Kevin P. Cornaechio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—October 26,2006 2. Continuation of a Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road,Salem,MA. The purpose of this hearing is to discuss the construction of stormwater control structures located within a buffer zone to an inland bank and BVW and culvert a portion of an intermittent • stream, pursuant to a DEP Consent Order, at 15 Robinson Road. THIS ITEM WILL BE CONTINUED UNTIL THURSDAY NOVEMBER 30,2006. 3. Request for Determination of Applicability-15 Robinson Road Salem,MA 01970. The purpose of this hearing is to discuss the construction of two ramps and associated headwalls for an existing scale located within a buffer zone to an inland bank and BVW, at 15 Robinson Road 4. Continuation of a Public Hearing—Request for an Amendment to an Existing Order—DEP#64-360- 7 Laurier Road Salem, MA 01970. The purpose of the hearing is to discuss amendments to a previously approved Order of Conditions(DEP#64-360) regarding the replication and restoration of wetlands within a bordering vegetative wetland and an intermittent stream and the cleaning of a 24 inch drain line at 7 Laurier Road. 5. Request for an Extension to an Existing Order—DEP#64-360—7 Laurier Road Salem,MA 01970. The applicant is requesting an extension to a previously approved Order of Conditions(DEP#64-360). 6. Public Hearing— Request for an Amendment to an Existing Order— DEP #64-418— Osborne Hills Subdivision DiBiase Residential,PO Box 780 Lynnfield,MA 01940. The purpose of this hearing is to discuss amendments to a previously approved Order of Conditions(DEP#64418)regarding the phasing schedule and Conditions that were established based on the approved phasing plan,and associated activities located within BVW and the buffer zone to BVW, off Marlborough Road. 7. Public Hearing— Notice of Intent— Bryan Vasquez 119 Marlborough Road Salem, MA 01970. The purpose of this hearing is to discuss the installation of an in-ground swimming pool and associated activities • located within a buffer zone to BVW, at 119 Marlborough Road. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 o TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SAI,ENT.COM ► v� CITY OF SALEM CONSERVATION COMMISSION 8. Old/New Business • DEP#64-397—Thomas Circle—Sewer Extension Project. Discussion of next steps now that hay bales and silt fence are installed properly. • Request for a Certificate of Compliance DEP#64-408—National Grid for work relating to replacement of two transmission line structures. • This notice posted on "Official Q�rH d @oath' City H II Aye., SGle�m, mass. on . dam �dC� at /74�` ;3/>7n acwrtancf wti� 23A & 23B Of M.G.L. Page2of2 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 0197e TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, November 16, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, November 16, 2006 at 6:00 p.m. in the third floor Room 314 at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Amy Hamilton, David Pabich, Michael Blier and David Summer. Also present was Carey Duques, Conservation Administrator and Julie Quinn, Clerk. Members absent: Keith Glidden Approval of Minutes The minutes of the Salem Conservation Commission meeting held on October 26, 2006 were presented for approval. Joseph Furnari moved to approve the minutes with typo corrections, seconded by David Pabich and approved (5-0). • Continuation of a Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA. Kevin Cornacchio read the letter from the applicant requesting a continuation. The letter stated that the Applicant had retained the services of Hancock &Associates and SP Engineering is working to coordinate with Hancock to review and address DEP's comments. The Applicant requested that the item be continued until Thursday, November 30, 2006. Joe Furnari made a motion to continue to November 30th. The motion was seconded by David Pabich and approved (6-0). Request for Determination of Auolicability— 15 Robinson Road Salem, MA 01970. Kevin Cornacchio read aloud the legal notice for this item. Bruce Poole with SP Engineering stated that the Applicant submitted the RDA on their own in the interest of time, but that he would be addressing the Conservation Commission on behalf of the Applicant. • Mr. Poole described the proposal as a temporary ramp to and from an existing scale, located in the buffer zone. He noted that permanent ramps are part of the over all • plan that the Applicant has before the Conservation Commission (see item above), but that they would like to install temporary ramps before the winter. He described the scale as five concrete pillars/footings with a metal plate on top. The ramp on either side, one from Robinson Road, the other on the house side of the lot, each ramp extending 60 feet and 10 feet wide. He noted that the ramps would be created from fill material, shored up by jersey barriers. The 10 feet closest to the scale on either side would be paved. Mr. Poole then described the construction process. The jersey barriers would be installed and the fill would be packed in. The goal of the jersey barriers is it to avoid the erosion of the earthen ramp. The surface of the ramps will be covered in concrete in the permanent plan. Kevin Cornacchio asked if the jersey barriers would only be on the stream side of the ramp. Mr. Poole replied that the grade of the hill behind the scale will eliminate the need for jersey barriers on the other side of the ramps. Michael Ferris, the Applicant, noted that they could install jersey barriers on both sides if the Conservation Commission wants them to. • Michael Blier asked if they were planning to install guard rails. Mr. Poole noted that they were not. He stated that the types of trucks that will be using the ramp would roll right over guard rails. David Pabich asked if these types of scales are typically at grade. Mr. Poole replied that they are above grade. Mr. Ferris added that the scale has to be above grade for the mechanics of the scale to function. David Pabich asked what types of vehicles will be using the scale. Mr. Poole replied that they will be dump trucks and tractor trailers. He further noted that the trucks will all belong to the Applicant and that the scale in question is not a commercial scale. Carey Duques noted that she spoke with the Building Inspector, Tom St. Pierre, and that he has not seen the proposed ramp, so he could not say whether or not construction of the ramp requires a Building Permit. He could also not comment on whether or not the scale has been permitted. • David Pabich asked how the Applicant is weighing trucks now and how long they have Page 2 of 11 • been without use of this scale. Mr. Pool replied that the Applicant has been going elsewhere and paying to weigh trucks. Mr. Ferris added that the scale has been out of service for approximately one year. David Pabich asked if the scale will create a low point in the ground in light of the proposed grade changes and ramp instillation. He expressed his concern that the depression could fill with water that may not be able to percolate through. Further, he asked how the Applicant will handle water if that does happen. Mr. Ferris noted that they could make the depression run though to the drain proposed in the permanent item the Applicant has before the Conservation Commission (see item above). Michael Blier noted that the Conservation Commission should be looking at this item alone, not related to any other work proposed which may or may not be approved. David Pabich asked how the jersey barriers will be held in place. He expressed concern that the load of the trucks using the ramp could buckle the proposed ramp system. He noted that the Applicant may need a building permit. • Mr. Poole responded that the stone dust used to fill the ramp will hold the jersey barriers in place along with the lynp caca . Michael Blier noted that the building inspector or an engineer should review and approve the ramp plan. Amy Hamilton asked how trucks will turn around once they have been over the scale. Mr. Poole noted the turn locations on the plans. Carey Duques noted that the approach extends out and questioned whether there would be enough room for trucks and/or cars to pass between the scale and the stream without falling into the stream. Mr. Poole noted that there are 20-30 feet for passing. Michael Blier stated that he wanted to see this reflected on the plan and that he could not see this on the plan that was submitted. Kevin Cornacchio opened the issue up to public comment • Richard Ross of 8 Peabody Street, Salem, stated that the soil at A&H is polluted and Page 3of11 • expressed concern that the pollutants would leak into the resource area. He asked that barriers be set up. Kevin Cornacchio replied that the Applicant has set up hay bales and silt fences. Mr. Poole further noted that 4-5 test wells have been done in the area in question and that 9 test pits have been dug across the site. Results of these tests show low levels of gasoline and petroleum products. He then explained the future permanent plan for the site (again, see item above). Patrick Delulis, 16 North Street, Salem, stated that he was also speaking on behalf of Carmen and Angelo Mongiello of 120 Swampscott Road. He stated that if the Conservation Commission approves this plan, they would be approving the scale being constructed without approval of the Conservation Commission or a permit. He stated that the Applicant should have to follow the required permitting process. Kevin Cornacchio stated that the Conservation Commission understands from the Applicant that the scales have been in place for a number of years and that the footings are newly refurbished Mr. Poole presented the Conservation Commission with a 1978 plan for the scale. • A local resident stated that the scale looked new because it had been cleaned, painted, components replaced and the footings cleaned up. David Pabich noted that the plan did not reference a location, it was just a diagram of the scale. Michael Blier suggested that an old aerial map may show whether or not the scale is new. Kevin Cornacchio asked how long the scales had been in place. Mr. Ferris replied that they had been there for 20 years. Joseph Furnari asked if the scale has been in the same location, same heights, unaltered since it was installed approximately 20 years ago. Mr. Ferris stated that yes, it had. Kevin Cornacchio noted that the Conservation Commission did not have a way to prove that the scale had not been in place for years, they have nothing to refute A&H. • He further noted that, as with all application, the Conservation Commission has to take the Applicant's word under treat of perjury that they are being true and accurate Page 4 of 11 • in their statements. Mr. Delulis re-asserted that the scale was new, to which Mr. Mongiello agreed. Mr. Delulis then expressed concern over runoff and did not think the measures in place are working. Carey Duques noted that she was onsite that afternoon and that some of the hay bales had failed in 2 low spots. She noted that the Applicants needed to remove failed hay bales and replace them with three new rows. Kevin Cornacchio reminded the Applicant that it is their responsibility to ensure that all control measures remain in place and remain effective. David Pabich noted his concern with the lack of information presented by the Applicant relative to the space between the edge of the ramp and the stream. Carey Duques noted that there was another question of the distance from the ramp to the road and whether or not two cars could fit in that area, to get by trucks waiting to use the scale if necessary. Mr. Ferris noted that they only weigh two to three trucks per day. • Amy Hamilton expressed her concern over the design of the ramp, how the jersey barriers would be tied in as a retaining wall. She noted that she needed further information on how the jersey barriers would stay in place. Mr. Poole and Mr. Ferris presented photographs in an attempt to show distance available for cars to pass between the scale and the stream. The Conservation Commission noted that the photographs did not provide enough information. Mr. Poole expressed concern over the approaching winter and the cost of delaying the project. David Pabich noted that timing and cost are not the concern of the Conservation Commission. He further noted that obtaining a building permit, or receiving notice that no permit is required, should be dealt with prior to the Conservation Commission issuing a decision. He stated that the Applicant needed to submit a plan showing the proposed ramp as it relates to both the house-side and road-side of the plan and that the jersey barriers and hay bales need to be included on the plan. He concluded as part of the decisions, when made, a condition needs to be included that the Applicant • will keep spill kits in the scale house in case a truck overturns on the ramps. Page 5 of 11 • Mr. Ferris noted that placing spill kits in the scale house will not be a problem. Carey Duques noted that the flagged wetlands need to be included on the plan. Mr. Poole pointed to the plan to show that the flagged area is currently noted. Kevin Cornacchio noted that the item should be continued and that the Applicant should pull a building permit or get a determination from the Building Department prior to the next meeting. A site visit was scheduled for Saturday, November 18th at 8:30 a.m. Joe Furnari made a motion to continue to November 30th. The motion was seconded by David Pabich and approved (6-0). Continuation of a Public Hearing— Request for an Amendment to an Existing Order— DEP #64-360— 7 Laurier Road Salem, MA 01970. Kevin Cornacchio read aloud the legal notice for this item. Tom Keough of Hancock &Associates appeared before the Conservation Commission to represent the Applicant for the wetlands replication portion of this item. • Mr. Keough described the replication of the wetlands-1,200 square feet was excavated per the replication plan, the Applicant cleaned up the masonry debris by hand and the replicate planting was completed. He noted that some adjustments had been made to the replication plan, additional shrubs were added and the area was seeded more densely that planned. He further noted that grass was already growing in. He submitted photos to the Conservation Commission. Mr. Keough asked permission for the Applicant to remove the silt fence because it is drowning out the grass. Kevin Cornacchio commended Mr. Keough and the Applicant on the nice job they had done on the replication. Carey Duques noted that when she had been on site, there were no hay bales or silt fence, but that the Applicant had installed both once she brought the issue to his attention. Kevin Cornacchio noted that the Conservation Commission will remind the Applicant that he needs to hold a pre-construction meeting prior to starting work. • Kevin Cornacchio opened the hearing up to the public. Page 6 of 11 • There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by Amy Hamilton, and approved (6-0). Joseph Furnari then moved to Amend the Order of Conditions for DEP #64-360 to include wetlands replication/restoration per boilerplate Special Conditions. The motion was seconded by David Pabich, approved (6-0). Request for an Extension to an Existing Order— DEP #64-360— 7 Laurier Road Salem, MA 01970. The applicant is requesting an extension to a previously approved Order of Conditions (DEP # 64-360). Kevin Cornacchio read aloud the items, noting that this item is a Conservation Commission discussion, not a public hearing. Mr. Keough asked that the Conservation Commission extend the Order two growing seasons, until March 2009. Joseph Furnari then moved to issue and Extension of an Existing Order for DEP #64- 360 until March of 2009. The motion was seconded by David Pabich and approved (6- 0). Public Hearing— Request for an Amendment to an Existing Order— DEP #64- 418— Osborne Hills Subdivision DiBiase Residential, PO Box 780 Lynnfield MA 01940. Kevin Cornacchio read aloud the legal notice for the items. Kris Mello of Eastern Land Survey and Paul DiBiase appeared before the Conservation Commission. Mr. Mello explained that the Mr. DiBiase wished to amend the approved phasing plan to combine Phase 1 with Phase 2 and combine Phase 3 with Phase 4 and Phase 5: Current Proposed Phase 1 Phase 1 Phase 2 Phase 3 Phase 2 Phase 4 Phase 5 Phase 6 Phase 6 Phase 7 Phase 7 • Mr. Mellow noted that the proposed phasing plan makes more sense logistically, Page 7 of 11 • utility-wise and for construction methods. Mr. Mellow then noted that the Applicant would comply with all other conditions. Kevin Cornacchio stated that only Condition #55 would be revised under this proposed revision to the phasing plan. Mr. Mellow stated that once Phase 1 & 2 were complete, as-builts would be submitted before phases 3, 4, and 5 were started. He stated that because work will be done in the buffer zone and they would need as-builts for those units anyway. Cary noted that she had been on the site 2-3 times and that the hay bales for phases 1 and 2 were already installed. She further noted that National Grid had been doing work on transmission lines so the Applicant had installed the phase 2 hay bales to protect the resource from damage. She clarified that this National Grid work was not part of the Applicant's project. Carey Duques then noted that the Planning board had hired a clerk and when he is on site, he will look to make sure the work is staying within the designated phases, within the controlled area and that the controls are in place. • Kevin Cornacchio opened up the hearing to the public. There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by Amy Hamilton, and approved (6-0). Joseph Furnari then made a motion to Amend the Existing Order DEP #64-418 to, Condition 55 to combine Phases 1 and 2 and to combine Phases 3, 4, and 5. The motion was seconded by Amy Hamilton, approved (6-0). Public Hearing— Notice of Intent— DEP #64-437— Bryan Vazquez 119 Marlborough Road Salem, MA 01970. Kevin Cornacchio read aloud the legal notice. Bryan Vazquez, the Applicant, represented himself. He described the plan for the in- ground swimming pool and backyard improvements using a plan drawn up by his architect. He noted that there would be temporary gazebo with a permanent 10x12 foot concrete base, a 21 foot high retaining wall below a pre-fabricated shed, a Gunnite pool, stamped concrete patio around the pool, a six foot fence around the pool, then the back slope would be planted to replicate the wetlands. He stated that • there would be hay bales and silt sock at the bottom of the slope. He noted that the bark inside of the silt sock is biodegradable, but the filtrex sock has to be disposed. Page 8 of 11 • He also noted that there would be a French drain and catch basin on the edge of the driveway, near the proposed retaining wall. Mr. Vazquez stated that chlorine would not be used in the pool, instead it would use a salt water generator and that the pool will be heated by an electric heater. Mr. Vazquez then described his plan to remove trees in the slope where the retaining wall will be in order to properly grade the area. He noted that he planned to plant new trees, something appropriate like blueberry or choke cherry bushes. David Pabich asked if there were existing hay bales and silt fences left from the developer of the home. Mr. Vazquez noted that there were. Carey noted that there was a lot of debris in the northwest corner of the property. Mr. Vazquez replied that they would pull the trash out. He then added that the construction would be done from the driveway. Kevin Cornacchio opened the hearing up to the public. • There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by David Pabich, and approved (6-0). Joseph Furnari then made a motion issue an Order of Conditions for DEP #64-437 with the following special conditions: 1. The Applicant will store all equipment outside of the buffer zone when not in use. 2. If the Applicant. begins work in the fall/winter he shall stabilize the slope by installing additional erosion control measures. If the Applicant beings work in the spring, he will plant according to the issued order of conditions. The motion was seconded by David Pabich, approved (6-0). Old /New Business DEP # 64-397—Thomas Circle— Sewer Extension Project. Discussion of next steps now that hay bales and silt fence are installed properly. Tony Tiro appeared before the Conservation Commission. • Kevin Cornacchio stated that he had been on site today in the rain and he did not see Page 9of11 • much run-off beyond the silt fence and hay bales. Mr. Tiro noted that he had been confident that the site had little run-off and the addition of asphalt of the new road installed directs water in the opposite direction of the resource area. Carey Duques noted that she went up to the site the Friday after the previous meeting and that Mr. Tiro had the requested control measures—hay bales and silt fence—in place. Kevin Cornacchio asked if the excavator on site would be moved soon. Mr. Tiro noted that it would. Carey Duques noted that she and Mr. Tiro had spoken over the past few weeks and he had spread hay to help stabilize the slope and that there is now grass growing. Kevin Cornacchio noted that the are looked stable to him upon his site visit. Mr. Tiro passed around pictures. • Kevin Cornacchio asked why erosion control measures for one corner of the site were not complete. Mr. Tiro stated that he would look into it the following day. Kevin Cornacchio asked if the boulders against the trees were going to be moved. Mr. Tiro replied that he could move them. David Pabich asked why there was a No Disturb area on the map. Mr. Tiro noted that he was not sure, it has been put in place under the previous owner. David Pabich noted that Mr. Tiro would need to present a plan for the next growing season and that the plan needs to include plantings to replace the ones disturbed during the construction. He then asked what was planned for the site. Mr. Tiro noted that four homes at the current grade with walk out basements would be constructed. • David Pabich reminded the Owner that he needed to monitor the site over the winter. Page 10 of 11 • Kevin Cornacchio noted that the Conservation Commission would re-assess site conditions in the spring. Amy Hamilton asked if the soil stockpiles are still on site. Mr. Tiro notes that, no, he had moved them. The Conservation Commission reminded the Owner that prior to re-starting work he needs to notify Carey. Request for a Certificate of Compliance DEP #64-408—National Grid for work relating to replacement of two transmission line structures. Carey Duques noted that she had visited the site and that some hay bales were still there. Kevin Cornacchio noted that was ok because hay will biodegrade. Joseph Furnari made a motion to issue a full Certificate of Compliance for DEP #64- 408. The motion was seconded by David Summer, approved (6-0). • 53 Mason Street David Pabich noted that he noticed stockpiled materials by the bank. Carey Duques stated that she spoke with Andy Weinstein, the Owner, who said that he had leased the land to MassHighway. In the meantime, the Owner spoke with the City Engineer, Bruce Thibodeau and the piles were moved to the outer 100 feet of the Riverfront Area and silt fence and hay bales were installed along the top of the bank of the North River. Carey Duques noted that the site was not properly zoned for this use and that the catch basins also need to be addressed. The Conservation Commission decided that Carey Duques will follow up with Tom St. Pierre. David Pabich noted the Owner or MassHighway needs to have an engineer sign a letter stating what is happening on the site and what is being done to mitigate the impact. Update, Open Space and Recreation Plan Carey Duques informed the Conservation Commission that the Open Space and • Recreation Committee had hired VHB and that the next committee meeting will be December 5th and there will be a public forum in January which the entire Page 11 of 11 • Conservation Commission will be invited to attend. Adjournment 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 David Pabich and approved (6-0). The meeting was adjourned at 8:20 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission Conservation Commission 111606 • Page 12 of 11 �v CITY OF SALEM CONSERVATION COMMISSION m 0 O 7K NOTICE OF MEETING N v D C:)r- You are hereby notified that the Salem Conservation Commission will hold its regularly scheduleAneeting oma Thursday, November 30, 2006 at 6:00 pm at City Hall Annex, Room313, 120 Washington Street.-0 `m, r,i_3 Kevin P. Cornacchio, Conservation Commission Chairman Revised Agenda: ✓1. Meeting Minutes—November 16, 2006 /2. Request for a Determination of Applicability—KeySpan Energy, 175 East Old Country Road Hicksville, ✓ NY 11801. The purpose of this hearing is to discuss the installation of a fence located within land subject to coastal storm flowage, at 20 Pierce Avenue. • /. Continuation of a Public Hearing—Notice of Intent—DEP #64-426— A & H Auto Exchange Inc., 15 �K�' Robinson Road,Salem, MA. The purpose of this hearing is to discuss the construction of stormwater control ` er91' structures located within a buffer zone to an inland bank and BVW and culvert a portion of an intermittent VA r stream, pursuant to a DEP Consent Order,at 15 Robinson Road. 4. Continuation of a Public Hearing—Request for Determination of Applicability—A&H Auto Exchange /Inc., 15 Robinson Road Salem, MA 01970. The purpose of this hearing is to discuss the construction of two V ramps and associated headwalls for an existing scale located within a buffer zone to an inland bank and BVW, at 15 Robinson Road. 5. Continuation of a Public Hearing—Notice of Intent—DEP#64-434—Town and Country Homes 532 Lowell Street Peabody,MA 01960. The purpose of the hearing is to discuss the proposed construction of a 37- lot sub division and four stormwater management facilities associated with the subdivision off Clark Avenue �6. Continuation of a Public Hearing—Notice of Intent— DEP #64-436—Peter and Diane Haywood, 3 A Winter Island Road,Salem,MA. The purpose of this hearing is to discuss repairs to an existing concrete block seawall within Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storm Flowage at 3 A Winter Island Road. 7. Public Hearing—Request for a Determination of Applicability—Osborne Hills,P.O. Box 780,Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed grading and landscaping of approximately 25 sf of driveway in the buffer zone of BVW on Lot 6 off of Marlborough Road. � §i 8. Public Hearing—Request for a Determination of Applicability—Osborne Hills,P.O.Box 780,Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a boulder wall,grading and 120 WASHINGTON STREET, SALEM, IV1ASSACHusETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM landscaping in the buffer zone of BVW on Lot 31 off of Marlborough Road. 9. Public Hearing—Notice of Intent—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a retaining wall, utility connections, landscaping and grading in the buffer zone of BVW on Lot 4 off of Marlborough Road. 10. Public Hearing—Notice of Intent—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. X15 The purpose of the hearing is to discuss the proposed construction of a single family home,retaining wall,utility connections, landscaping and grading in the buffer zone of BVW on Lot 29 off of Marlborough Road. 11. Public Hearing—Notice of Intent—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a single family home,retaining wall,utility connections, landscaping and grading in the buffer zone of BVW on Lot 30 off of Marlborough Road. 12. Old/New Business • This notice posted on "Obrieiul u9 in Board' City FI 1� A e , 5 lam, Mass. nn ow. aCl�. at An acoordW= nth39 SIM . 33A 4�3 � Page 2 of 2 CITY OF SALEM CLEF'S OFFICE t CONSERVATI®N COMMISSI®N zoos oFc I NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, December 14, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—November 30, 2006 2. Continuation of a Public Hearing—Request for a Determination of Applicability—Osborne Hills,P.O. Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed grading and landscaping of approximately 25 sf of driveway in the buffer zone of BVW on Lot 6 off of Marlborough • Road. 3. Continuation of a Public Hearing—Request for a Determination of Applicability—Osborne Hills,P.O. Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a boulder wall, grading and landscaping in the buffer zone of BVW on Lot 31 off of Marlborough Road. 4. Continuation of a Public Hearing— Notice of Intent— Osborne Hills Realty Trust, P.O. Box 780, Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed construction of a retaining wall, utility connections, landscaping and grading in the buffer zone of BVW on Lot 4 off of Marlborough Road. 5. Continuation of a Public Hearing— Notice of Intent— Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a single family home, retaining wall,utility connections, landscaping and grading in the buffer zone of BVW on Lot 29 off of Marlborough Road. 6. Continuation of a Public Hearing— Notice of Intent— Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a single family home,retaining wall,utility connections, landscaping and grading in the buffer zone of BVW on Lot 30 off of Marlborough Road. 7. Old /New Business Request for a Certificate of Compliance DEP#64-29—Pickering Wharf Realty Trust, 84 Wharf Street, Salem, MA. Completion of Pickering Wharf Hotel and retail buildings. • • Review and approve the 2007 Conservation Commission Meeting Schedule 4 t qq ,roI Em::tt{a-lift b'Ji'tard -17116 ;:P.3ii4. ®�l+ 1 6U BS is 9 / 120 WASHINGTON STREET, SALEM, MASSACHUSFT0,D'1 7 o'1 Eli 917s.145 9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM c... . • Salem Conservation Commission Minutes of Meeting Thursday, December 15, 2006 A regular meeting of the Salem Conservation Commission was held on Thursday, December 15, 2006 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Amy Hamilton, Keith Glidden, David Pabich and David Summer. Also present were Carey Duques, Conservation Administrator and Julie Quinn, Clerk. Members absent: Michael Blier Meeting Minutes—November 30, 2006 The minutes of the Salem Conservation Commission meeting held on November 30, 2006 were presented for approval. Joseph Furnari moved to approve the minutes with typo corrections, seconded by David Summer and approved (4-0). • Continuation of a Public Hearing— Request for a Determination of Applicability— Osborne Hills, P.O. Box 780, Lynnfield, MA 01940. Kevin Cornacchio read aloud a letter from Attorney John Kelty on behalf of the Applicant requesting a continuation of this item until January 11, 2007. Joseph Furnari made a motion to continue to January 11th. The motion was seconded by David Summer and approved (5-0). Continuation of a Public Hearing— Reguest for a Determination of Applicability— Osborne Hills, P.O. Box 780, Lvnnfield, MA 01940. Kevin Cornacchio read aloud a letter from Attorney John Kelty on behalf of the Applicant requesting a continuation of this item until January 11, 2007. Joseph Furnari made a motion to continue to January 11th. The motion was seconded by David Summer and approved (5-0). Continuation of a Public Hearing— Notice of Intent— Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. • Kevin Cornacchio read aloud a letter from Attorney John Kelty on behalf of the Applicant requesting a continuation of this item until January 11, 2007. • Joseph Furnari made a motion to continue to January 11th. The motion was seconded by David Summer and approved (5-0). Continuation of a Public Hearing— Notice of Intent— Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. Kevin Cornacchio read aloud a letter from Attorney John Kelty on behalf of the Applicant requesting a continuation of this item until January 11, 2007. Joseph Furnari made a motion to continue to January 11th. The motion was seconded by David Summer and approved (5-0). Continuation of a Public Hearing— Notice of Intent— Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. Kevin Cornacchio read aloud a letter from Attorney John Kelty on behalf of the Applicant requesting a continuation of this item until January 11, 2007. Joseph Furnari made a motion to continue to January 11th. The motion was seconded by David Summer and approved (5-0). Old /New Business Keyspan, Notice of Project Change Ken Lento, representing Keyspan, described the progress of the project, noting that they were in the remediation stage of the coastal work, and that 30% of the tidal flats had been removed. He continued that Keyspan is running into the following problems that require field changes. First, Mr. Lento noted that the Order states that they must use soil removed from the work area to refill. Upon excavation of the soil, they found that it was more contaminated that they had expected. This being the case, Mr. Lento stated that Keyspan does not want to put the contaminated soil back on site. Instead, he proposed that Keyspan remove the contaminated soil from the site. Second, Mr. Lento stated that the tundra mats that were placed in the tidal flats were ineffective; the equipment is so heavy that the mats are being pushed into the ground. Mr. Lento requested the Conservation Commission allow Keyspan to build a stone road using rip rap, as they had been permitted to use on the beach. • Carey Duques noted that the Conservation Commission had to decide if they wanted to issue a Notice of Project Change, which would not allow the Conservation Page 2of5 • Commission to add conditions, OR to open a public hearing to issue an Amendment. David Pabich asked if the footprint of the proposed road change would be the same as the permitted road, and then covered with a cap. He also asked if the grades would remain the same. Mr. Lento responded that the stone road might be 2 to 3 feet outside of the tundra mat footprint and that, yes, the area would be capped. He also replied that the grades would stay the same. David Pabich asked if Keyspan had to dig deeper than 6 inches would they reach clean soil. Mr. Lento responded that the Risk Assessment did not show that the contamination was a risk to human health, but that they would rather not put the dirty soil back. Carey Duques asked why Keyspan could not bring in clean soil to fill. Mr. Lento responded that if you lay fresh soil, it will become contaminated by existing contaminants. • Mr. Lento noted that if Keyspan did not put in the roadway soon, their dredging schedule, carefully tied to the fish spawning schedule, would be impacted. He noted that if Keyspan were allowed to put down the gravel, they would be willing to cap with top soil and then seed. A fabric barrier would be placed between the contaminated soil and the new top soil. Mr. Lento also noted that the Army Corps required Keyspan to place sand bags at the toe of the slope, but they were using jersey barriers instead and that they had provided a letter to the Army Corps noting the change. Kevin Cornacchio asked if the jersey barriers would be covered at high tide. Mr. Lento replied that they would. Kevin Cornacchio also noted that jersey barriers are easier than sand bags to clean up at the end of the project. Keith Glidden stated that he did not feel that this change required an Amendment. David Pabich asked that Keyspan include the topsoil and seed mix in a letter to Carey Duques for the file. • Joseph Furnari made a motion to approve the Notice of Project Change, seconded by Page 3 of 5 David Pabich and approved (6-0) with the stipulation Keyspan provide the Conservation Agent a letter noting the project change, including a description of the topsoil and upland mix to cap the road. Keyspan/National Grid Carey Duques stated that Ms. Oosting called to inform her that they had removed a tree from their property. Ms. Oosting told Carey Duques that the tree had been removed for security reasons. In exchange for the loss of this tree, she offered to plant a tree somewhere else in the City. The Conservation Commission thought this was a good idea and instructed Carey Duques to have Ms. Oosting contact Dick Rennard. Request for a Certificate of Compliance DEP #64-29—Pickering Wharf Realty Trust, 84 Wharf Street, Salem, MA. Kevin Cornacchio read the legal notice aloud. Carey Duques recommended issuing a full Certificate of Compliance. Keith Glidden asked when the project had been approved. • Carey Duques replied that the project had been approved in 1996. Joseph Furnari made a motion to issue a full Certificate of Compliance for DEP #64-29, seconded by Keith Glidden and approved (6-0). Review and approve the 2007 Conservation Commission Meeting Schedule Joseph Furnari made a motion to approve the 2007 Conservation Commission Meeting Schedule, seconded by Keith Glidden and approved (6-0). Palmer Yacht Club, Pre-Construction Meeting Carey Duques updated the on the Palmer Yacht Club's plan to rebuild the seawall and pier. She noted that they were scheduled to being work very soon. Open Space and Rec Plan, Public Forum date change Carey Duques noted that the public forum would be held on Monday January 8, 2007 instead of Tuesday January 9, 2007 because that date conflicts with a meeting regarding the Salem Courthouse project. Page 4 of 5 Adiournment 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 Joseph Furnari and approved (6-0). The meeting was adjourned at 6:30 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission Conservation Commission 121506 • • Page 5 of 5