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2007-CONSERVATION COMMISSION ��i 06 r CITY OF SALEM CONSERVATION COMMISSION 2007 Meeting Schedule You are hereby notified that the Salem, Qnservation:Commission m ll hold its regularly scheduled meetings for 2007 at 6:00 PM, in Cityflgl1 Anpq:x,Rpgm 31,3, 120 Washington Street. �w- ' p LlGV2C�t 4j�1 Kevin P. Cornacchio Conserrvation Commission Chairman Thursday,January 11, 2007 ,,, ,Thursday, September 13,'2007 Thursday,January 25, 2007 Thursday, September 27, 2007 Thursday, February 8, 2007 Thursday, October 11, 2007 Thursday, February 22, 2007 Thursday, October 25, 2007 Thursday, March 8, 2007 Thursday, Novernber 8, 2007 Thursday, March 22, 2007 Thursday, November 29,2007 Thursday,April 12, 2007 Thursday, Decern ber l3, 2007 Thursday,April 26,2007 Thursday, May 10, 2007 Thursday, May 24, 2007 Thursday,June 14, 2007 Thursday,June 28, 2007 I — U+ro^—• Thursday,July 12, 2007 o Thursday,July 26; 2007 Thlt rtotlso polled on ,00mcizi stmetin Band" T1 1�' City Hail Ave., S8i0m, i� 8".. on m� • at fQ c� fi/4 in woos l wsa . August- NoMeetings a3A ,� 24 of -Gl: w 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.7459595 FAX: 978.740.0404 0 WWW.SALEM.COM � CITY Gr CITY OF SALEM C«RF( S cn 0 F Gk q CONSERVATION COMMISSION 107JA1 72 0p NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, January 11, 2007 at 6:00 pm at City Hall Annex, Room 33/113. / / ', 120 Washington Street. �/tvtK �1Gv ld CD Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—December 14,2006 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 square feet 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—DEP#64-440—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—DEP#64-439—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—DEP#64-438—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. Public Hearing—Notice of Intent—DEP#64-441—North River Canal, LLC. 282 Bennington Street, East Boston, MA 02128. The purpose of this hearing is to discuss the construction of a four story building, • associated parking lot,and landscaping within a Riverfront Area and bordering land subject to flooding at 28 Goodhue Street in Salem. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM C'I1 `f �F SALEM MA CLERK S OFFICE 10 1 JAN -5 p f2. 00 8. 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. TO BE CONTINUED UNTIL JANUARY 25,2007. 9. Old/New Business • Commission to vote on using Conservation Commission funds for reimbursement of site visit travel costs for Conservation Agent. • Page 2 of 2 • Y • Salem Conservation Commission Minutes of Meeting Thursday, January 11, 2007 A regular meeting of the Salem Conservation Commission was held on Thursday, January 11, 2007 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Michael Blier, Keith Glidden, David Pabich and David Summer. Also present were Carey Duques, Conservation Administrator and Julie Quinn, Clerk. Members absent: Amy Hamilton Meeting Minutes—December 14, 2006 The minutes of the Salem Conservation Commission meeting held on December 14, 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— Request for a Determination of Aoulicability— Osborne Hills, P.O. Box 780, Lvnnfield. MA 01940. • Kevin Cornacchio read aloud the legal notice for this item. Jim McDowell of Eastern Land Survey, representing the owner described the location of Lot 6, located within a buffer zone to BVW. He explained that this lot was within the larger Osborne Hills project approved last year. Mr. McDowell explained that Lot 6 is more than 50 feet from the buffer and only 25 square feet of the lot are located within the buffer zone. He noted that the area within the buffer zone will be landscaped and the driveway nearby would be hot topped. He further noted that the footprint of the house was the same as shown in the definitive plan. Mr. McDowell explained that the lot would be at elevation 127 at the garage, elevation 126 at the road and that a retaining wall will be built outside of the buffer zone to bring the grade up in the back of the lot. Kevin Cornacchio asked about the type of resource area in question. Mr. McDowell replied that it was BVW. David Pabich asked if there is an inlet. Mr. McDowell replied that yes, there is an existing inlet. He explained that the plan fits lots into existing drainage patterns and that there is only surface flow. He further explained that the drainage on the site will stay constant, but will just be routed differently, he stressed that there will be no increased runoff into the watershed per plan approved by Conservation Commission. He did note that on the submission before the Conservation Commission at this i • time, culverts were not reflected and he would amend the plans and submit for record. Kevin Cornacchio opened the hearing up to the public. Keith Glidden asked how high the retaining walls would be. Mr. McDowell noted that they would be 3-5 feet and made of stone and crushed ledge on a processed stone pad. Carey Duques asked about the type of landscaping. Mr. McDowell noted that there would be a grass lawn, shrubs and two street trees per 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 Joseph Furnari, and approved (6-0). Keith Glidden made a motion to issue a Negative 3. The motion was seconded by Joseph Furnari and approved (6-0). Continuation of a Public Hearing— Reauest for a Determination of Applicability— Osborne Hills, P.O. Box 780, Lynnfield, MA 01940. Kevin Cornacchio read aloud the legal notice for this item. • Jim McDowell of Eastern Land Survey, representing the owner described the location of Lot 31, located within a buffer zone of BVW. He explained that this lot was within the larger Osborne Hills project approved last year. Mr. McDowell noted that Lot 31 is diagonally across the street from Lot 6 and only a small portion of the lot is located within the buffer zone. He also noted that the house will have the same footprint as shown on the definitive plan, with a walkout cellar due to the grade. Mr. McDowell explained that to create a level backyard and a stable lot, they proposed to construct a boulder wall, noting that they felt a boulder wall would be more stable in the long term than an earthen wall. He further explained that the wall would be 12-13 feet high at its highest point and would taper down a couple of feet at the end. He also noted that there would be a chain link fence along the top of the wall. Carey Duques asked if the Applicant had spoken to Tom St. Pierre, the Building Inspector, to see if a building permit would be required for the wall. Mr. McDowell replied that he would have to check with Paul DiBiase. Mr. McDowell then explained that the roof runoff discharge area would be set back 25-30 feet from the wall and that erosion control measures will be taken around this work in addition to the existing requirements in place on the entire site, including silt fence 5-6 feet up, and would • not cut down significant trees. Kevin Cornacchio reminded Mr. McDowell that the Applicant will also be responsible for Page 2of10 • removing the erosion control measures once the project is complete. David Pabich asked what types of foliage exist and how it will be impacted. Mr. McDowell noted that the area is wooded with stunted growth. Chris Mello noted that the growth was less than 6-8 feet. Carey Duques noted that at her last site visit, work on the road may have already impacted the area. Michael Blier asked why the wall is necessary. Mr. McDowell replied that the site is backwards to the road grade. Michael Blier and David Pabich both noted that it is hard to look at Lot 31 separate from the adjacent lot because the retaining wall continues from one lot to the other. Mr. McDowell noted that they could review this lot during a site visit with the NOIs and the Conservation Commission agreed that the item would need to be reviewed at a site visit with the NOIs. Kevin Cornacchio opened the hearing up to the public. • There being no further discussion the matter, Joseph Furnari made a motion to close the public hearing, seconded by David Pabich, and approved (6-0). A site visit was scheduled for Saturday February 3rd at 8 am. Mr. McDowell and Mr. Mello agreed to stake out the areas in question and both plan to be present for the site visit. Joseph Furnari made a motion to continue until February 8th, seconded by David Pabich, and approved (6-0). Continuation of a Public Hearing— Notice of Intent— DEP #64-440—Osborne Hills Realty Trust, P.O. Box 780. Lynnfield, MA 01940. Kevin Cornacchio read aloud the legal notice for this item. Jim McDowell of Eastern Land Survey, representing the owner handed in the abutter notice slips. He then described the location of Lot 4, located within a buffer zone of BVW. He explained that this lot was within the larger Osborne Hills project approved last year. Mr. McDowell noted that there was more activity on this lot, including a retaining wall and water and sewer connections running through the buffer zone. He explained that the wall starts at 1-2 feet then goes up to 4 feet then continues on the other side of the driveway up to 5-6 feet. He further explained that the grades are higher in the back of the lot and slope • down toward the front. Mr. McDowell noted the house on this lot will have the same footprint as shown on the Page 3 of 10 • definitive plan and that the buffer zone has already been disturbed by the road construction. Kevin Cornacchio noted that this lot is very similar to Lot 6 and that there is not a lot to ask prior to the site visit. David Pabich asked that when the Applicant update the plans they need to call out erosion control measures at the catch basins, including both hay bales and silt fences surrounding and filter fabric over the grates. Kevin Cornacchio opened the hearing up to the public. There being no further discussion the matter, Keith Glidden made a motion to close the public hearing, seconded by Joseph Furnari, and approved (6-0). A site visit was scheduled for Saturday February 3rd at 8 am. Mr. McDowell and Mr. Mello agreed to stake out the areas in question and both plan to be present for the site visit. Joseph Furnari made a motion to continue until February 8`h, seconded by Keith Glidden, and approved (6-0). Continuation of a Public Hearing— Notice of Intent— DEP #64-439—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. • Kevin Cornacchio read aloud the legal notice for this item. Jim McDowell of Eastern Land Survey, representing the owner handed in the abutter notice slips. He then described the location of Lot 29 located within a buffer zone. He explained that this lot was within the larger Osborne Hills project approved last year. Mr. McDowell explained that the footprint of the house would be different than shown on the definitive plan, but would still have the garage between the cellar and first floor. Mr. McDowell noted that the proposed retaining wall would connect to the roadway retaining wall, with a maximum height of 4-5 feet, noting that the wall is vertical. He also noted that erosion control will be proposed on the back of the site, to keep silt from moving toward the wetlands. He further noted that the roof recharge system will be located in the back of the lot. David Pabich asked if all of the drainage on the back of the lot will flow to the wall without controls. Mr. McDowell replied that the roof runoff will be captured in a recharge area (perforated chamber surrounded with crushed stone), and only the sheet flow will flow to wall. David Pabich noted that the Conservation Commission needs to see the toe of the slope and will need to see if there are any large caliper trees that are going to be lost and if there is any • way to work around these trees. David Pabich asked if the deeds will have any language relative to the open space abutting the Page 4of10 lots, ensuring the owners do not clear areas or cut trees without proper approvals. Mr. Mello and Attorney Correnti noted that the deeds have not been created yet, but he could have some language for the Conservation Commission to review at the next meeting. Kevin Cornacchio opened the hearing up to the public. There being no further discussion the matter, Keith Glidden made a motion to close the public hearing, seconded by Joseph Furnari, and approved (6-0). A site visit was scheduled for Saturday February 3rd at 8 am. Mr. McDowell and Mr. Mello agreed to stake out the areas in question and both plan to be present for the site visit. Keith Glidden made a motion to continue until February 8th, seconded by Joseph Furnari, and approved (6-0). Continuation of a Public Hearing— Notice of Intent— DEP #64-438—Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. Kevin Cornacchio read aloud the legal notice for this item. Jim McDowell of Eastern Land Survey, representing the owner handed in the abutter notice slips. He then described the location of Lot 30, located within a buffer zone of BVW. He • explained that this lot was within the larger Osborne Hills project approved last year. Mr. McDowell noted that almost all of this lot is located within the buffer zone. He noted that the house would be built as shown on the definitive plan. Mr. McDowell explained that the retaining wall from Lot 31 would continue onto Lot 30. He continued that to soften the edge, the wall would be built with a 1:1 ratio on the back and would be 16 feet tall at its highest point, with a chain link fence around the top. He also described the erosion control measures to be put in place around the lot. He noted that the roof recharge on the house would be the same as described on the other units. The Conservation Commission had the same discussion and comments as on Lots 29 and 31. Kevin Cornacchio opened the hearing up to the public. There being no further discussion the matter, Joseph Furnari made a motion to close the public hearing, seconded by Keith Glidden, and approved (6-0). A site visit was scheduled for Saturday February 3rd at 8 am. Mr. McDowell and Mr. Mello agreed to stake out the areas in question and both plan to be present for the site visit. Joseph Furnari made a motion to continue until February 8`h, seconded by Keith Glidden, and approved (6-0). • Public Hearing— Notice of Intent— DEP #64-441— North River Canal, LLC. 282 Page 5 of 10 • Bennington Street, East Boston, MA 02128. Kevin Cornacchio read aloud the legal notice for this item. Attorney Joe Correnti, representing the NRC, LLC, gave a brief background on the site. He noted that it has been a 4 story factory that had been condemned and despite work with Salem's Historic Community and a desire to save the building, ultimately most of the structure was unsalvageable and was taken down. He further noted that there was no drainage structure on the site. Attorney Correnti described the proposed 4-story building, the top 3 floors to be 44 residential units and the bottom floor to be 6,000 square feet of neighborhood commercial—one of the first new project proposed under the new NRCC zoning. He noted that the project is also before the ZBA and the Planning Board as well as the Historic Commission for a demo delay permit. He noted that the Applicant has agreed to several mitigation measures, including a 400 foot walk way, 19 foot wide easement granted to the city along the canal to be incorporated into the City's bike path and open space plan. Mr. McDowell noted that the site is in the following resource areas: bank of canal, riverfront and bordering land subject to flooding. He also noted that due to the previous use of the site as a building surrounded by hardtop and hard packed earth, the Applicant considers this a previously degraded site and that any benefits the site had to the resource areas had already been compromised. • Mr. McDowell described the proposed site plan, the building at the front of the site and several parking fields around the site. He further described the storm water drainage system, catch basins and storm water quality (Vortec unit per City Engineer) and tide gate (tide flex outflow gate). He noted that some of these features were not yet on the plans as they had included after recent discussions with the City Engineer. Mr. McDowell explained that in his runoff rate calculations, he used the site as it had been, with the factory and hardtop, as the"current conditions"for comparison to the proposed plan. He noted that the rate of run off would be reduced and that the proposed plan will add green space and greater storm water storage capacity. David Pabich noted his disapproval of Applicants using old conditions as"existing conditions". Mr. McDowell noted that elevation 11 was the 100 year flood plain and that the building would be 9 inches above this grade and that there will be no basement in this building. He further noted that the proposed plan include regarding the site. He also noted that they will bring the roof runoff through the Vortec equipment to ensure that hydrolic and other fluids from the AC equipment from rooftop equipment will be treated before exiting the site. Mr. McDowell noted that because the site is flat, snow storage could allow runoff directly into the resource area. To remedy this, the Applicant proposes to slope back the area to make sure the snow melt flows through the system. • Kevin Cornacchio asked what elevation the transformer pads would be. Mr. McDowell noted that they would be at elevation 11 or higher. Page 6 of 10 • Keith Glidden noted that he wants to see a snow management plan to ensure that snow will not be pushed into the canal. David Pabich noted that a physical separation between the snow storage area and the canal should be installed—whether it is a fence, bollards, or trees. Michael Blier noted that he would like to see the planting plan, so noting that could take care of the Conservation Commission's concerns regarding a barrier between the snow storage area and the canal. Attorney Correnti provided the Commission members with this plan. Keith Glidden asked what type of mill had been on the site. Attorney Correnti noted that it had been a tannery and shoe factory. He noted that the Applicant was going to keep the one existing structure on site, the old boiler house, and incorporate it into his plans. Kevin Cornacchio asked if borings had been done around the building and whether or a 21E had been done. Attorney Correnti noted that borings had been done all over the site and that a 21E report had • been done and showed no issues. Kevin Cornacchio asked if the new structure would require pilings. Attorney Correnti replied that it probably would. Kevin Cornacchio asked if the Applicant would use the existing drains and also if the adjacent properties had drains running through site. Mr. McDowell noted that there are no existing drains on site for this property or any others and there are no easements on this site. Mr. McDowell also noted that they were looking into whether or not a Chapter 91 permit had ever been issued for the property. David Pabich asked about the sheet flow from Goodhue Street. Mr. McDowell explained that it goes back to the canal on one side, on the other side there are no basins so it just head directly into the canal. Mr. McDowell described the tide flux. He noted that complete details would be submitted, but the clean out would be located in a manhole for easier access. • Kevin Cornacchio opened the hearing up to the public. Jim Treadwell, 36 Felt Street noted several concerns. He first noted that the subsurface Page 7 of 10 • condition of the site was hazardous due to the previous use of the site as a tannery. Attorney Correnti explained that the LSP had made a full presentation to the Planning Board. Mr. Treadwell next asked how the Conservation Commission was involved with the Chapter 91 process. Kevin Cornacchio explained that the state handles the Chapter 91 process and the City is not involved, however, they can condition their approval on the receipt of a Chapter 91 permit. Mr. Treadwell then asked who deals with storm water and utility (water/sewer) concerns. Kevin Cornacchio noted that was within the City Engineer's purview. Mr. Treadwell then asked about surface area and the potential use of pervious surfaces. Mr. McDowell noted that they had discussed this at the Planning Board meeting. Kevin Cornacchio further noted that due to the history of the site, he would not recommend pervious surfaces because it was important to the resource area that the runoff water be treated Y through proposed system. P P Mr. Treadwell expressed concerns about the canal wall, noting that it is very historic and that • the new zoning will not allow chain link fences. Attorney Correnti noted that the fence was proposed as a safety issue as the canal wall is not as high in some areas as we had thought it would be. He noted that the Planning Board was having a full discussion of this item. Michael Blier asked how the wall was being treated. Attorney Correnti noted that was still an issue being worked out. He noted that the Applicant does not want to touch the wall if possible. The Conservation Commission scheduled a site visit for Saturday, February 3rd at 9 am (after the Osborne Hills visit). Joseph Furnari made a motion to continue the hearing until February 8th, seconded by Keith Glidden, and approved (6-0). David Pabich noted that the Conservation Commission would want to see the elevation at the top of the wall. He further noted that he wants to see flood storage today versus purposed and a detailed erosion control plan along the wall. Continuation of a Public Hearing—Notice of Intent—DEP #64-426— A & H Auto • Exchange Inc., 15 Robinson Road, Salem, MA. Kevin Cornacchio read aloud a letter from Bruce Poole requesting an extension until January 25th. Mr. Poole noted that the Applicant needed more time because of the abutter's appeal to Page 8 of 10 • the ramp. Old /New Business Commission to vote on using Conservation Commission funds for reimbursement of site visit travel costs for Conservation Agent. Carey Duques explained that she was requesting approval to use Conservation Commission funds to reimburse the Conservation Agent for site visits, including pre-construction, monitoring, or any other Conservation related business. She noted that she would fill out a reimbursement sheet to submit to the Conservation Commission for approval monthly. Joseph Furnari moved to approve use of Conservation Commission funds for reimbursement of the Conservation Agent's travel expenses, seconded by Michael Blier, and approved (6-0). 1 Parallel Street Carey Duques explained that buyers had come in asking if a home could be permitted on the site. She noted that the site was next to the pond and the potential buyer wants to reorient the house. The Conservation Commission stated that the buyer would have to submit an NOI if he knocks down the structure and an NOI to rebuild. They also noted that he would need to check with the Building Inspector. • 14 Buena Vista West, Violation Carey Duques noted that the Order of Conditions has expired for this property and that she had sent a letter to the Owners in October notifying them that their Order would expire in December and to contact her. She noted that she had received no response. Carey Duques further noted that she had been to the site and observed construction debris being used as fill, absence of erosion control measures, and that work was ongoing. She also noted that the Building Inspector had already issued a Cease and Desist. The Conservation Commission stated that a Cease and Desist should be issued, including a fine of $200 per day. They noted that fining should begin 24 hours after the landowner receives the notice should they fail to respond the Conservation Commission. Tinker's Island. Violation Carey Duques told the Conservation Commission she had received an anonymous letter stating that someone was building a house on Tinker's Island. She noted that the Building Inspector is issuing a Cease and Desist and that she planned to send an order after verifying that the work is underway. She noted that she was not sure the City owns all of the land of the island or if parcels are under private ownership. Keith Glidden told Carey Duques to track down the Owner through the Building Department and find out if the violator owns the parcel on which he is building. • YMCA Leggs Hill Road Carey Duques noted that she and Kevin Cornacchio were going up to the site on Tuesday. Page 9of10 • She stated that the owners had started some of the work and cut into a dump. She suggested the Conservation Commission require some additional erosion controls after seeing, "dark strips in the soil". David Pabich note that the Owner should have and LSP prove to the Conservation Commission that the dark stripe is not hazardous. Cary noted that she would ask Dan Merhalski, the Planning Board Agent, to send the Planning Board clerk up to the site for a visit. GreenScaoes Carey Duques noted that Jason Silva, from the Mayor's Office, wanted to know if the City should participate in the mailing campaign to educate citizens on conservation/green space issues at a cost of $4,000. Kevin Cornacchio stated that he would like to see if the Conservation Commission takes in enough fees to cover this cost. He noted that it seemed like a good program, sending mailings remaining people not to dump oil into drains, etc. Eagle Scout Carey Duques noted that she had been contacted by a young man looking to do an Eagle Scout project, asking if she had any suggestions. • The Conservation Commission suggested either stenciling street grates or removing trash/bumper blocks out of the Forest River Conservation Area. Loring Avenue David Pabich asked Carey Duques to take a look at the silt fences up on Loring Avenue to find out what is happening on that site. Adjournment There being no further business to come before the Commission this evening a motion was made by Joseph Furnari to adjourn the meeting, seconded by Keith Glidden and approved (6-0). The meeting was adjourned at 8:35 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission Conservation Commission011107 • Page 10 of 10 o LII 'f uF SAC.UI MA 3 CITY OF SALEM CLERK'S OFFICE CONSERVATION COMMISSION 2001.JAN. 19 A 11 37 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, January 25, 2007 at 6.00 pm at City Hall Annex, Room 313, 120{�Washington pStreet. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—January 11,2007 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. 3. 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. TO CONTINUE UNTIL MARCH S,2007. 4. Old/New Business Violation on Tinker's Island—Construction of a one-story building on Tinker's Island,discussion with landowner about next steps. • Violation at Lot 1 Buena Vista Ave West DEP #64-358— Working under an invalid Order of Conditions as of December 11,2006 and additional violations of the Order of Conditions. Discussion with landowner about next steps. This notice posted on " lrflcl 1 suNetin Board, City Hall Ava,, ,; 7 ;3, ;.::_ ; .. :T�,,. l� aca 7 at /1 :37 Alv� _ • 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 s TEL: 978,745.9595 FAX: 978.740.0404 s WWW.SALEM.COM r ( CITY OF SALEM �� ` ` "� ' �� t y} Cl ERK'S OFFVCE CONSERVATION COMMISSION q p�j az ria 90 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, January 25, 2007 at 6:00 pm at City Hall Annex, R000{�mJ 313, 1200 Washington Street Kevin P. Cornacchio, �J Conservation Commission Chairman Revised Agenda: 1. Meeting Minutes—January 11,2007 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. 3. 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. TO CONTINUE UNTIL MARCH 8,2007. 4. Old/New Business • Greenscapes—Barbara Warren to explain to the Commission the Northshore Greenscapes program and the Commission to vote if Conservation funds will be used for the program. • Violation on Tinker's Island—Construction of a one-story building on Tinker's Island, discussion with landowner about next steps. • Violation at Lot 1 Buena Vista Ave West DEP #64-358— Working under an invalid Order of Conditions as of December 11,2006 and additional violations of the Order of Conditions. Discussion with landowner about next steps. 120 WASHINGTON S FEET, SALEM, MASSACHUSL1TS 01970 a TEL: 978.745.9595 �4X: 978.740.0404 a WVl`N.S.4LEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, January 25, 2007 A regular meeting of the Salem Conservation Commission was held on Thursday, January 25, 2007 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, Michael Blier, Keith Glidden and Amy Hamilton. Also present were Carey Duques, Conservation Administrator and Julie Quinn, Clerk. Members absent: David Pabich and David Summer Meeting Minutes—January 11, 2007 The minutes of the Salem Conservation Commission meeting held on January 11, 2007 were presented for approval. Joseph Furnari moved to approve the minutes with typo corrections, seconded by Keith Glidden 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 aloud a letter from Bruce Poole requesting a continuation to the February 8th meeting. • Joseph Furnari made a motion to continue the item until February 8th, seconded by Michael Blier and approved (4-0). Continuation of a Public Hearing—Notice of Intent— DEP #64-434—Town and Country Homes 532 Lowell Street Peabody, MA 01960. Kevin Cornacchio read aloud a letter from Attorney John Kelty requesting a continuation to March 8th Joseph Furnari made a motion to continue the item until March 8th, seconded by Kevin Cornacchio and approved (5-0). Old /New Business Greenscapes Barbara Warren appeared before the Conservation Commission and explained the Northshore Greenscapes program with the hope that Salem would sign on as a member of Greenscapes. She noted that the goal of Greenscapes is to reduce stormwater runoff and conserve water through educating the public. She described the deliverables associated with membership in Greenscapes including a mailing to single-family houses, workshops for Salem residents and access to the Greenscapes website. She noted that Manchester, Gloucester, Boxford, North Reading and South Hamilton have already joined Greenscapes. Kevin Cornacchio noted that he had attended a Greenscapes event last month and that he • highly recommended the Conservation Commission approve membership. Ms. Warren broke down the City's membership fee as follows: $1,500 program fee + (6,512 • households X $.50 for mailing) _ $4,756. She noted that this is an annual fee. Joseph Furnari Made a motion to release the funds from the Conservation Commission account to join Greenscapes, seconded by Amy Hamilton and approved (5-0). Violation on Tinker's Island Dierdre Robbins, representing the Owner Mr. Silva, appeared before the Conservation Commission. She explained that the Owner had received approval from the Association to construct a house and that he was told by the Association that was the only approval required. She noted that the Owner is now aware that he must file an NOI and is requesting 60 days to prepare the filing for presentation to the Conservation Commission. Mr. Silva described the site, noting that he had replaced an old ramp down to the beach and had begun construction on the first story of the home. He describe the original house on the site as being deteriorated and noted that only the footings remained. He noted that the home, like all homes on the island, is a seasonal camp; there are 15 homes on the island. He also described a shed on the site that he has not yet touched. He further noted that there is no landing. Carey Duques reminded Mr. Silva that he would need a Chapter 91 license to construct a landing. She also noted that the Conservation Commission wants to be sure that the construction is compliant with the Board of Health, Building and Zoning regulations. • Mr. Silva stated that sewage is currently handled using a peat moss system and incinerators. He further stated that there will be a rainwater shower and no cooking facilities, so runoff would be limited. Carey Duques noted that she and the Building Inspector are planning a trip out to the site within a few weeks, weather permitting. Joseph Furnari reminded the owner that there is still a cease and desist order on his property until the NOI has been filed and an Order of Conditions has been filed. Attorney Robbins and Mr. Silva indicated that they understand. Carey Duques noted that Mr. Silva did respond to her letter immediately. Kevin Cornacchio said that being the case, the Conservation Commission would not be issuing violation fees at this time. Michael Blier wanted clarification as to what the Association told Mr. Silva at a meeting. Carey Duques stated that it was her understanding that the City owns the island and the Association has a 5-year lease. Attorney Robbins noted that she would be looking into the ownership issues on this property. • Kevin Cornacchio noted that Carey Duques needs to send a letter to the Association on behalf of the Conservation Commission, CCed to Attorney Robbins. Page 2 of 4 • Attorney Robbins asked if the Conservation Commission had dealt with Tinkers Island in the past. Kevin Cornacchio replied that in his 10 years on the Conservation Commission, he has not. Keith Glidden noted that any lessee would need to come before the Conservation Commission if the project is located within the Commissions jurisdiction. The Conservation Commission approved a 60 day extension, noting that they would see the applicant again by April. Violation at Lot 1 Buena Vista Ave West DEP #64-358— Working under an invalid Order of Conditions as of December 11, 2006 and additional violations of the Order of Conditions. Mr. Costa Sideridis, the owner of the property, appeared before the Conservation Commission. He noted that he received the Conservation Commission's letter on Saturday and contacted Carey Duques on Monday and had instructed his contractor to stop work. He noted that he had purchased the property from Tache Realty and that construction of the house is still in process. Kevin Cornacchio asked why Mr. Sideridis had not responded to the letter the Conservation • Commission sent stating that the Order of Conditions on the property was expiring. Mr. Sideridis noted that the letter had been sent to Tache Realty and that he had been told by Tache Realty that they had responded. Carey Duques stated that the previous owner sent a letter to the Conservation Commission dated January 15, 2007 stating that he had stopped by the office, letting the Conservation Commission know about the change in ownership. Mr. Sideridis asked if the Order of Conditions could be reissued, stating that nothing had changed from the original plan presented. Keith Glidden noted that the pictures look different than the original plan, specifically the dimensions of the structure/deck and grading appeared to have changed and that the silt fence is no longer in place. Carey Duques noted that the building inspector noticed that the fill used contained bricks, cement blocks and was not clean. The Conservation Commission asked Mr. Sideridis to submit a new NOI with current and accurate plans, including more detailed elevation and re-grading contours. Michael Blier noted that Mr. Sideridis would need to submit a planting plan, specifically in • relation to the slope. Kevin Cornacchio added that the owner needs to reestablish erosion control measures, as Page 3 of 4 . appropriate for winter conditions. Dan Trembly of Danco, the Contractor working for the Applicant, noted that the building is weather tight and that the Building Department had not issued a cease and desist order. The Conservation Commission agreed that construction to the interior of the unit did not fall within the Conservation Commission's cease and desist order. They noted that due to the need for the applicant to re-file, get the surveyor (Chris Mello of Eastern Land Survey) back on site to do new plans, and the weather, exterior construction would likely be shut down through the spring. Carey Duques noted that the Applicant did respond to her letter immediately. Kevin Cornacchio said that being the case, the Conservation Commission would not be issuing violation fees at this time. Adiournment There being no further business to come before the Commission this evening a motion was made by Joseph Furnari to adjourn the meeting, seconded by Keith Glidden and approved (5-0). The meeting was adjourned at 7:00 p.m. • Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission Conservation Commission012507 • Page 4 of 4 .CO v CITY OF SALEM cHtih s"OFFICE n " a CONSERVATION COMMISSION 71111 CrD J 1U. U14 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 8, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Revised Agenda: 1. Meeting Minutes—January 25,2007 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 construction of a • boulder wall, grading and landscaping in the buffer zone of BVW on Lot 31 off of Marlborough Road. 3. Continuation of a Public Hearing—Notice of Intent—DEP#64-440—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. 4. Continuation of a Public Hearing—Notice of Intent—DEP#64-439—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. 5. Continuation of a Public Hearing—Notice of Intent—DEP#64-438—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. 6. Continuation of a Public Hearing—Notice of Intent—DEP#64-441—North River Canal,LLC. 282 Bennington Street,East Boston,MA 02128. The purpose of this hearing is to discuss the construction of a four story building, associated parking lot, and landscaping within a Riverfront Area and bordering land subject to flooding at 28 Goodhue Street in Salem. 7. 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. 120 WASHINGTON STREET, SALEM, MASSACHUSErrs 01970 s TEL: 978.745.9595 FAx: 978,740.0404 s WWW.S.ALEM.COIN CITY OF SALEM. PSA • CL€RN('S OFFICE 70,01 FEB -5 A'(0:'OU 8. old/New Business • Commission to review Draft letter to Tinkers Island Association • Update for Commission on replication efforts at 12 Almeda Street • Update for Commission on results from LSP tests at Leggs Hill YMCA • This notlCQ poston on "p�##cE�I �tI1�tf� 80566, city Hall AV$., 89t9m bass at .�, /}l7l {t1 23A � a�� o4 Page 2 of 2 3 CITY OF SALEM F L I 0a t C!ERK'S 0FFICE- CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 8, 2007 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 25, 2007 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. 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 grading and landscaping of approximately 25 square feet of driveway in the buffer zone of BVW on. Lot-6 off of Marlborough Road. 4. 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. 5. Continuation of a Public Hearing—Notice of Intent—DEP#64-440—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. _ . .. ...._ 6. Continuation of a Public Hearing—Notice of Intent—DEP#64-439—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. 7. Continuation of a Public Hearing—Notice of Intent—DEP#64-438—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. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 ♦TEL: 978.745.9595 FAX: 978.740.0404 s WWw.SALEM.GOM LrTi ALEM, MACLERit'S OFFICE • 1007 FEB- -S: A f0 04 8. Continuation of a Public Hearing—Notice of Intent—DEP#64-441—North River Canal,LLC. 282 Bennington Street,East Boston,MA 02128. The purpose of this hearing is to discuss the construction of a four story building, associated parking lot, and landscaping within a Riverfront Area and bordering land subject to flooding at 28 Goodhue Street in Salem. 9. Old/New Business Commission to review Draft letter to Tinkers Island Association • Update for Commission on replication efforts at 12 Almeda Street • Update for Commission on results from LSP tests at Leggs Hill YMCA • This notice postod on "01;heial Bulletin Board' Clty Hail Am, SF:i5m, Ik a s. an Fr8 .s n206j`- b'e`, I , , a:a ,., IS at � 7 �n� /lel. fiu3:,s4ai:i.:.-.::.a�.,J ks,::� y+icS • �� 6:3 23A & 238 of f.i Page 2 of 2 • Salem Conservation Commission Minutes of Meeting Thursday, February 8, 2007 A regular meeting of the Salem Conservation Commission was held on Thursday, February 8, 2007 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, David Pabich, David Summer, Keith Glidden (arrived during Notice of Intent— DEP #64-439) and Amy Hamilton. Also present was Carey Duques, Conservation Administrator. Members absent: Michael Blier Meeting Minutes—January 25, 2007 No quorum, Joseph Furnari motion to table, David Pabich tabled until Feb 22 meeting. Continuation of a Public Hearing— Request for a Determination of Applicability— Osborne Hills, P.O. Box 780, Lynnfield, MA 01940. Kevin Cornacchio read aloud the legal notice. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3rd at 8 am. Chris Mello and Jim McDowell appeared before the Conservation Commission to represent the Applicant. • Mr. McDowell descried the proposed work on the lot - a boulder wall and grading. He stated that he would discuss plan changes the Conservation Commission proposed at the last meeting and at the site visit. He went on to describe more detailed plans submitted and noted siltation protection, as requested. He noted that roof run off recharge area details is shown on sheet 2 of the plans submitted at the January 25th meeting. He also noted that the Conservation Commission had noted at the site visit that trees had been cut down and applicant proposes 6 new trees (4 red maples and 2 willows). He also noted that the Applicant understands that any proposed walls over 4 feel require the approval of the building inspector. He finally noted that these comments relate to all Osborne Hills lots before the Conservation Commission this evening. Mr. McDowell then asked if the Conservation Commission had any comments specific to Lot 31. Specific to lot 31, Conservation Commission decide if subject to NOI. Kevin Cornacchio noted that the Conservation Commission was deciding if they should issue a Negative 3 or if the lot is subject to an NOI. Carey Duques asked what about the height of the proposed well. Mr. McDowell replied that it will be 10-11 feet height. Kevin Cornacchio opened the meeting 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 (4-0). Joseph Furnari then made a motion to issue a Negative 3 with the following special conditions: 1. The Applicant must have all proposed walls over 4 feet in height approved by the building inspector. The motion was seconded by David Pabich, approved (4-0). Continuation of a Public Hearing— Notice of Intent— DEP #64-440—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. Kevin Cornacchio read aloud the legal notice. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3rd at 8 am. Mr. McDowell noted that the lot in question, Lot 4, is on the opposite side of road from the wetlands, but is within 15 feet of buffer zone, wall proposed at front of lot, 2-4 1/2 or 5 feet, water connection. He noted a plan change due to the Conservation Commission meeting on January 25`h and the site visit - the proposed culvert will end in a stone inlet and hay bails will surround the culvert. Kevin Cornacchio opened the meeting up to the public. being n• There g o further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by David Pabich, and approved (4-0). David Pabich then made a motion to issue a Order of Conditions for DEP #64-440 with the following special conditions: 1. The Applicant must have all proposed walls over 4 feet in height approved by the building inspector. The motion was seconded by Joseph Furnari, approved (4-0). Continuation of a Public Hearing— Notice of Intent— DEP #64-439—Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. Kevin Cornacchio read aloud the legal notice. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3 d at 8 am. Mr. McDowell described the items in relation to Lot 29. He noted that the retaining wall will be 2-4 1/4 feet high. He also noted that 3 of the 6 trees referenced earlier would be planted on or near this lot - one tree is on lot and the other 2 are just off lot in resource area. He noted that, as described earlier, the house footprint and roof recharge area are detailed on plans submitted. He further noted that the house size and location is the same as on their • approved plan. David Pabich stated that he had an issue with the roadway and lot development - because the Page 2 of 10 • roadwork had encroached upon the lots. He noted that trees had been removed that should have remained, and that is why the Applicant is replicating trees. He further noted that the Conservation Commission should not see any activity moving forward on sites that have not yet been approved. Mr. McDowell stated that he understands the issue and has discussed it with the Applicant. He noted that Mr. DiBoiase understands that his actions were inappropriate and he will not do it again. He noted that he will start preparing necessary documentation and submissions for next roads to stake out and have approval before works begins. He stated that they will do groupings of lots and will have those lots approved before the road and bridge work gets to those areas. Kevin Cornacchio asked if there enough soil for willows proposed. Mr. McDowell and Mr. Mello replied that there should be enough soil down close to the wetland area. David Pabich stated that the Applicant needs to include a Conservation Restriction on deed. He noted that this restriction needs to be in place upon Certificate of Occupancy or conveyance of the land, whichever comes first. He stated that the purpose of the Conservation Restriction is to ensure that that Owners know not to cut down trees in the resource area and needs to state inappropriate activities for he resource area. • Mr. McDowell stated that he would get draft language for the Conservation Commission to review within 45 days. Mr. Mellow noted that the Conservation Commission would also be sent easements for their review within 45 days. Kevin Cornacchio noted that wants to see signage labeling the resource area and not just the open space. Kevin Cornacchio opened the meeting up to the public. There being no further questions or comments regarding this matter a motion was made by David Pabich to close the hearing, seconded by Joseph Furnari, and approved (4-0). David Pabich then made a motion to issue and Order of Conditions for DEP #64-439 with the following special Conditions: 1. The Applicant will replace trees as noted on the approved plans. 2. The Applicant will place a Conservation Restriction on the lot, starting at toe of wall and extending to the property line. This Restriction will be in place for perpetuity. This Restriction needs to be in place prior to receiving a Certificate of Occupancy or conveyance of the lot, whichever comes first. 3. The Applicant must provide language for Conservation Restriction to the Conservation Commission within 45 days, including language tree trimming and dumping. If the • Applicant does not submit the language within 45 days, an Enforcement Order will be issued. 4. The Applicant will include signage to identify resource areas. Page 3 of 10 • 5. The Applicant must have all proposed walls over 4 feet in height approved by the building inspector. The motions was seconded by Joseph Furnari, approved (4-0). Continuation of a Public Hearing— Notice of Intent— DEP #64-438—Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. Kevin Cornacchio read aloud the legal notice. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3rd at 8 am. Mr. McDowell noted that most of Lot 30 is within the buffer zone. He described the proposed work - a retaining wall that will be 10-16 feet in height, a roof recharge area (detailed on sheet 2 of the submitted plans), utility connections, and planting of 2-3 dress on the lot as described earlier. In addition, the easement plan (to be submitted to the Conservation Commission within 45 days) will include this site as well as any signage needed. Kevin Cornacchio asked if there is there still a chain link fence proposed? Mr. McDowell replied that, yes, all fences over 4 feet well have chain link fence for safety purposes. Kevin Cornacchio noted that the lot the Conservation Commission just approved. • Mr. McDowell noted that they were proposing a dry slope wall and that they had no provision for plantings in the wall. David Pabich noted that the Conservation Commission would like to see something planted on the wall, especially due to proximity to resource area to add value of what's being lost on that slope. Mr. Mello noted that he did not think an organics to hold but that perhaps if y g p ps they could do some stepping/terracing, instead of all slope. The Conservation Commission agreed that one step in the wall, 4-5 feet wide in any zone over 10 feet high, planted with suitable plans (something Mary Rinner, the wetlands scientist had recommended ), would be sufficient. David Pabich noted that the conservation restriction overlay be extended to include the step. Kevin Cornacchio opened the meeting 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 (5-0). David Pabich then made a motion to issue and Order of Conditions for DEP #64-438 with the • following special Conditions: 1. The Applicant will replace trees as noted on the approved plans. 2. The Applicant will place a Conservation Restriction on the lot, starting at toe of the Page 4of10 • slope and extending to the property line, and the planting in the step of the slope. This Restriction will be in place for perpetuity. This Restriction needs to be in place prior to receiving a Certificate of Occupancy or conveyance of the lot, whichever comes first. 3. The Applicant must provide language for Conservation Restriction to the Conservation Commission within 45 days, including language tree trimming and dumping. If the Applicant does not submit the language within 45 days, an Enforcement Order will be issued. 4. The Applicant will include a step in wall 4-5 wide in the zone over 10 feet high and provide plantings per Mary Rinner's recommendations. 5. The Applicant will include signage to identify resource areas. 6. The Applicant must have all proposed walls over 4 feet in height approved by the building inspector. The motions was seconded by Joseph Furnari, approved (5-,0). Continuation of a Public Hearing— Notice of Intent— DEP #64-441— North River Canal, LLC. 282 Bennington Street, East Boston MA 02128 Kevin Cornacchio read aloud the legal notice. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 3rd Mr. McDowell described changes to the plan and additional information that had been requested by the Conservation Commission as result of site visit as well as other supplemental • data provided. Mr. McDowell noted that the 100-year flood plain is 10.5, now noted on plan. He next noted that the roof drainage is now proposed in 2 drains. The first will drain directly into the canal and the second will drain the equipment area and drain though the vortex system before entering the river. He next noted the granite curbing marked on the plans. He also called attention to the plan submitted showing the elevations along the top of the canal wall. Finally, he noted that the manhole near outlet on the North River is now shown to contain tide flex and maintenance access. Mr. McDowell stated that the dumpster had been moved further away from property line per zoning requirements. He also pointed out that the transformer had been rotated to be positioned further from the lot line, but still at elevation 11.10, to ensure it's above 100-year flood line. Mr. McDowell noted that he had submitted 8 copies of the original survey plan done in 2004 that shows what was on site prior to demo. He also submitted calculations for current conditions and a draft Snow Management Plan. He stated that he down at low tide to look for demo debit and noted a few timbers that the Applicant would remove. Mr. McDowell described the calculations preformed related to current conditions. He no noted that they had looked at elevations similar to what was there before the building was demolished, what is there now and what the Applicant had proposed. He noted that the only • place that differs is elevation 10 - 10 1/2, but that it is still in a range that maintains current conditions. Page 5 of 10 • Mr. McDowell next presented the draft Snow Management Plan, written based on DEP guidance, which states that snow should not be stockpiled or dumped in the resource area. He further noted that snow will not stockpiled in walkway area or no dumped or pushed into river by plows. He described several stockpile areas on site that will be marked no later than Dec 15t and stated that these areas be cleaned no later than May 15th. He further noted that the landscaping creates a natural barrier to prevent show plows from dumping snow into the river. Attorney Joseph Correnti described the proposed 2-foot high wooden fence along canal as the compromise reached at the DRB and Planning Board. He noted that plantings would be placed in front of the fence and that the fence could be replaced as part of a larger North River Plan should the City acquire State or Federal funding to do so. Mr. McDowell noted that the grade of the walkway will follow grade at top of wall with some grass strips for runoff into canal. He noted that there were some concrete blocks in place now that will be removed and noted that the granite will not be capped. He finished by noting that the plans submitted show the elevations at the top of the granite. Kevin Cornacchio noted that the Applicant should be sure not to drop concrete into the river as they chip it away from the granite. Keith Glidden stated that the Snow Management Plan should include the following langue: "snow shall not be dumped, pushed, blown or otherwise sent into the river." • David Pabich raised concerns about the drainage of the walkway. McDowell noted that they Applicant can maintain the 3 foot planting strip and keep a 1% of so slope on walkway to allow for some drainage. Attorney Correnti noted that the walkway is being worked out with the City, Owner will grant an easement to the City. He noted that drainage will also occur at natural breaks in wall and 9 , that the water can then flow off walkway into river. Kevin Cornacchio asked about the surface of the walkway, noting that it should not be anything loose that can drop into the river. McDowell replied that it will be a bituminous surface. David Pabich asked about the historic penetrations in wall noting that some pipes coming out of the wall looked like they had discharged sewage/wastewater. McDowell noted that Bruce Thibodeau, former City Engineer, had told him that prior to demolition of the old building, the City located and cut off all pipes. Kevin Cornacchio asked if there is any history of underground storage tanks. • McDowell relied that they had been removed in 1970s per the environmental report and since Carey Duques noted that she had looked at site on the state brownfields web page and it Page 6 of 10 • appeared that the site has been stabilized, Attorney Correnti noted that an there is an RAO and AUL the site. He noted that the AUL conditions are typical and include conditions against farming, gardening, nursery schools, etc. David Pabich asked if physical barriers to the planting areas are required. Attorney Correnti replied that he did not think so, and added that the Applicant will have someone consulting on RAO and AUL issues to ensure compliance. David Pabich asked if a Soil Management Plan is in place and noted that they Applicant needs to ensure that stockpiled materials are placed on and covered with poly/plastic. Mr. McDowell replied that the Applicant will need a Soil Management Plan per the RAO, and that an LSP will need to sign off on the plan and ensure that any soil removals will be documented and that everything is done properly. He added that a copy of the Plan can be submitted to the Conservation Commission. Kevin Cornacchio opened the hearing up to the public. Jim Treadwell, 36 Felt Street, raised concern about Chapter 91. Attorney Correnti noted that the Applicant had hired Mr. Manuel to research to research and • deal with Chapter 91 issue. We do not yet know if we need one, but the research is in process. Kevin Cornacchio noted that the Conservation Commission can condition approval upon determination of Chapter 91. Keith Glidden explained that a Chapter 91 license does not come before the Conservation Commission. The Conservation Commission is charged with upholding the Wetlands Protection Act. Mr. Treadwell then asked if the Conservation Commission was satisfied in regards to the 21E. Attorney Correnti replied that there is a recorded AUL on site and RAO in effect which was outcome of initial site investigation of engineer and LSP on duty. He finished that any environmental issues were addressed in such as way to appease DEP. Mr. Treadwell asked if questions of potential contaminates on site as discussed at last meeting had been satisfied and if so, when. Kevin Cornacchio noted that the Conservation Commission had documents form June of 2003 noting that the site had satisfied requirements. Carey Duques read a timeline of steps taken, all prior to 2004 and available as public record. . Mr. Treadwell raised a concern storage capacity. He noted that Salem Sound Coast Watch conducted a survey on contributors to runoff in the river and that as far as Peabody is Page 7 of 10 • concerned they just want to get water out of their City. Kevin Cornacchio noted that Peabody has issues they will address using State and or Federal money. Kevin Cornacchio read an e-mail from Councilor Sosnowski into record which noted a Woodward and Kern study of flow from Peabody to Salem. Carey Duques noted that the study he mentioned is being done on South River. Keith Glidden noted that this is a larger issue between Salem and Peabody and will not be solved by one applicant. There being no further questions or comments regarding this matter a motion was made by Keith Glidden to close the hearing, seconded by Joseph Furnari, and approved (5-0). Keith Glidden then made a motion to issue and Order of Conditions for DEP #64-441 with the following special Conditions: 1. The Applicant will submit to the Conservation Commission a Chapter 91 determination, and approval if necessary. 2. The Applicant will submit to the Conservation Commission Amendment to the Snow Management Plan, per discussion. 3. The Applicant will submit details on scuppers and other flow conveyance/drainage of • walkway 4. The Applicant will submit a Soil Management Plan at pre-construction meeting, including discussion of how to treat stockpiled materials. 5. The Applicant will have and LSP on site, per AUL. 6. The Applicant will ensure removal of debris from river, as mentioned in memo. 7. Noted, per Feb 7, 2007 plans The motions was seconded by David Pabich, 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 aloud a letter from Bruce Poole requesting a continuation to the February 22nd meeting. He noted that he needs time Carey Duques noted that she requested the Applicant re-notify due to quorum issues - due to turn over of Conservation Commission and length of time this item has been on agenda for months, the Conservation Commission can never have a quorum under the current notification filing. She further noted that changes to the project also warranted re-notification. The item was continued to February 22nd, and there was not a quorum to vote. Old /New Business • Mullins Rule Conservation Commission discussed the importance of Mullins Rule and asked the Page 8 of 10 • Conservation Agent send a letter in support of the Mullins Rule to City Council (Councilor Furey, the Conservation Commission's Council Representative). The Conservation Commission asked Carey Duques to draft a letter for approval at the next Conservation Commission meeting. Commission to review Draft letter to Tinkers Island Association Carey Duques submitted draft letter to the Conservation Commission for their review. David Pabich asked that a copy of the contract with the City be attached to the letter. The Conservation Commission approved the letter to be mailed out - Carey Duques to sign on behalf of the Conservation Commission. Update for Commission on replication efforts at 12 Almeda Street Carey Duques noted that the applicant has installed 8 winterberry shrubs and 3 bayberry shrubs, and they have to replicate more in the spring. Update for Commission on results from LSP tests at Lews Hill YMCA Carey Duques noted that the Conservation Commission had an LSP go out and test dark soils. Site Supervisor from Groom Construction submitted letter requesting formal results of • report and actions required in writing. Carey Duques stated that she can email him to let him know the Conservation Commission is going to want SVOC field screening and testing for Dioxins and Furans. Carey Duques stated that the Applicant has withdrawn the housing lots and that they will be at the next Conservation Commission meeting with Notice of Project Change. She noted that the Conservation Commission might decide to require an Amendment. She noted that she had advised the applicant that the changes are significant and she felt they should submit an Amendment, but they are coming in for a Notice of Project Change. Keith Glidden noted that he would like to see a planting plan, removal of non-native plants. Keith Glidden noted that in the future that the Conservation Commission should have requirement for projects of a certain size in Order of Conditions to notify Conservation Commission if contaminants are found in course of construction. Commissioner's Comments: Hawthorne Cove Marina Keith Glidden raised concerns about the demolition and emergency measures being taken. He noted that he was concerned about gravel being put into water. Conservation Commission agreed that the Owner needs to contact the Conservation . Commission and let them know what methods for demolition they are planning to employ. They decided it was important for setting president. Page 9 of 10 • 289 Derby Street Keith Glidden noted that the Conservation Commission needs to look at the site since it is sitting vacant and ensure that erosion controls and conservation measures are in place. Carey Duques noted that the Order of Conditions expires this summer. Conservation Commission agreed to have Carey Duques write a letter to Owner or call to get an update on the status of the site and how it is currently complying with the Wetlands Protection Act. Adiournment There being no further business to come before the Commission this evening a motion was made by Joseph Furnari to adjourn the meeting, seconded by Keith Glidden and approved (6-0). The meeting was adjourned at 8:25 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission • Conservation Commission020807 • Page 10 of 10 C T CITY OF SALEM 'cF C ofS/ E !C�A CONSERVATION COMMISSION d' F !U 9: 02 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, February 22, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. �(Gvt� �/n e.Cw11b �1 Kevin P. Cornacchio, �J Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—January 25,2007 and February 8, 2007 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. 3. Public Hearing—Notice of Intent—David Kraatz, Uncle Bob's Self Storage, 6467 Main Street, Williamsville,NY 14221. The purpose of this hearing is to discuss an upgrade of an existing drainage structure and associated repaving within the buffer zone of BVW at 435 Highland Avenue. 4. Old/New Business Notice of Project Change-DEP#64-420 Leggs Hill YMCA Anderson's Pond located off Highland Ave-request for Commissions assistance in removing debris. This notic® poli d on wOfflelgil 81*911 Boar& Cily �HallA�6/fv�9 �< 3� rYl a t< r 6Y,207 at• 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAX: 978.740.0404 p W\VW.SALEM.COM L • Salem Conservation Commission Minutes of Meeting Thursday, February 22, 2007 A regular meeting of the Salem Conservation Commission was held on Thursday, February 22, 2007 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, David Pabich, David Summer, Keith Glidden, Michael Blier and Amy Hamilton. Also present was Carey Duques, Conservation Administrator and Julie Quinn, Clerk. Approval of Minutes—January 25, 2007 & February 8, 2007 The minutes of the Salem Conservation Commission meeting held on January 25, 2007 were presented for approval. Joseph Furnari moved to approve, seconded by Keith Glidden, approved (5,0). The minutes of the Salem Conservation Commission meeting held on February 8, 2007 were presented for approval. David Pabich moved to approve with type correction, seconded by Joseph Furnari, approved (6,0). Continuation of a Public Hearing—Notice of Intent—DEP #64-426— A & H Auto • Exchange Inc., 15 Robinson Road, Salem, MA. Kevin Cornacchio read aloud the legal notice and noted that the Applicant had re-advertised and re-notified abutters, and now all members present can vote. He further noted that the RDA filed and approved for the temporary truck ramp has been appealed and that DEP had overturned the Conservation Commission's decision. Consequently, the Applicant has withdrawn that application and is rolling that work into this filing. Bruce Poole of SB Engineering and John Dick of Hancock Survey represented the Owners. Mr. Poole described the changes to the plan including a Soil Management Plan, Operation and Maintenance Plan that will include soil testing, Water Quality and Monitoring Plan and Hancock Survey's additions to the plans. He added that new plan shows one large retention pond. Mr. Dick noted that Hancock Survey looked at a very small portion of the site, down by the resource area, and that the plan currently proposed reduces flows in 50-year or less events. He noted that all events over 50-years will flow over Robinson Road and there is nothing the Applicant can do to stop that. He further noted that the proposal meets solid removal standards and that the pond will be fully lined to avoid pollutant unloading, part of the Storm Water Management Policy. He described the pond as having a 36" diameter outflow pipe to maintain the pond levels at safe conditions. He finally noted that the stream in question is shows as perennial on the USGS map and that the retention pond will outflow into the stream. Michael Blier noted that this proposal with its one pond is a big shift in the Applicant's approached and questioned what precipitated this change. • David Pabich also questioned the functionally of the swales and how the site flows. • Mr. Dick explained that this new proposal was better than the previous proposals because the previous ponds were too small and narrow to effectively meet the requirements for the project. He stressed that given the site, the proposed basin is the largest area possible and the most effective configuration. He noted the restrictions of the site as the wetlands area, the road and ledge on the northern and western portions of the site. He further noted that due to the topography of the site, much of the water sheds away from the resource area. Amy Hamilton noted that water will still run down Robinson Road into the pond. Mr. Dick replied that it would, and that they Applicant could not create a basin large enough to catch everything. David Pabich noted that the Conservation Commission had been asking for 2' contours at the top of the site for quite a while and the Applicant was still presenting 10 foot contours. He stated that the Conservation Commission could not see from the plan presented to what degree the top of the site drains into the bottom of the site, whether or not the proposed swales would work, or if the Applicant's assumptions were correct - he did not feel the Conservation Commission had been given enough information to make an informed decision. Mr. Dick noted that 5'contours are available, but they are older than the 10'contour data and that getting 2' contours can be done but it will be costly to the Applicant and time consuming. Amy Hamilton asked what the depth to bedrock and groundwater is in the proposed basin. • Mr. Poole responded that based on test pits done in the area, the depth to bedrock is 8 feet from the surface elevation and the groundwater elevation is 7' from the surface. He noted that the Applicant would need to re-grade the area, remove some fill and go into to ledge to create the basin. Kevin Cornacchio asked if DEP had commented on the runoff on the back of the site. He then asked how far the infiltrators are going to be from the edge of the bank. Mr. Poole replied that they had not. He then replied that there would be two infiltrators, 32" high and about 2 1/2' wide. He described the perforated pipe that slopes down underneath the site that flow into the infiltrators and the oil separation manhole and oil absorbent log that would be part of the system. He submitted pictures of a similar system to the Conservation Commission, noting that maintenance will be key. Amy Hamilton asked about the containment structure and volume of liquids on the site. Mr. Poole replied that they are a small operator, and the maximum allowed liquids are 600 gallons of oil, 300 gallons of wiper fluids and 500 gallons of antifreeze. He noted that all fluids are removed from vehicles while they are on concrete pads. He noted that DEP was conducting mandatory quietly inspections. David Pabich noted that the Conservation Commission had asked the Applicant for more • detailed plan of the wetlands area which had not yet been provided (20 scale requested). He asked about the distance from the scale to the wetlands. Page 2 of 7 • Mr. Dick stated that it was 20', and a 9" earth berm, the road and then the scale. David Pabich noted that the earth berm could easily be plowed away and that the berm should be either concrete or granite - a hard structure. Kevin Cornacchio noted that maintenance of this berm should be incorporated into the Maintenance Plan. David Pabich told the Applicant to consider other options because the uncontrolled 36" pipe is not safe - a grate or some structure should be considered. He further noted that the Applicant should try to slow the flow down a bit, which the 36" pile will not achieve. Mr. Dick noted that he would have an engineer at Hancock respond to that issue. Amy Hamilton asked how the berms would be constructed. Mr. Dick responded that they would backfill over clay, place a granular material along both sides of the trench full of clay, for waterproofing, placing the liner on top of the clay. Mr. Poole added that NE Liner would install and inspect the liner and A&H would do the other work - noting that they have done similar work before. He explained that there will be 4-6" of stone on top of the liner that will be vacuumed or scraped clean by hand as part of the system maintenance. He noted that the forebay would not be lined, and cleaning will be easier. • David Pabich asked what the 100-year flood elevation is. When Mr. Poole replied that he did not know, David Pabich asked him to have that info for the next meeting. He also asked for more information on the discharge point - concerned about the backwater effect. Kevin Cornacchio opened the meeting up to the public. Patrick Delulis, 16 North Street, on behalf of himself and the Mongiello's and with Scott Patrowicz, noted his concern that the water flow would increase onto to the Mongiello's property. He questioned why the Applicant had removed the culvert on Robinson Road. He further stated that the Applicant had built up the grade of the site and created worse flooding on their neighbors' property. Scott Patrowicz, 18 Brown Street, submitted a list of questions regarding the new plan to the Conservation Commission. He stated that the flow on the top of the site is going into a river and he expressed concerns about the watershed as a whole. He agreed that the plans were difficult to read and did not prove enough detail. He noted that matching existing conditions is inadequate and that one pond would not be sufficient. He also suggested that a hydro flow analysis at Robinson Road and the Mongiello's property be conducted and the flow on the road needs to be diverted. He also asked what mitigation measures the Applicant is proposing. He noted that the basin will not detain water and that water will flow through at 127 gallons per second. He questioned the type and method of construction. He also noted that erosion control measures in place are not working. • Kevin Cornacchio noted that the DEP notice supersedes the Conservation Commission in response to the concerns on the back of the site. Page 3 of 7 • Carmen Mongiello noted that he does not want the flooding problem made worse and that he preferred previous plans. He stated that actions on the part of the Applicant over the years had made flooding on his site worse. He pointed out a trench on site. Kevin Cornacchio noted that the Conservation Commission had seen that trench and it did look manmade. Mr. Poole noted that the Applicant could not construct the culvert as proposed in earlier plans because the Mongiello would not allow them access to replicate wetlands, as required by law. Mr. Patrowicz replied that replication waivers could be requested. David Pabich reiterated his earlier statement that the Conservation Commission had long asked for, but not yet received meaningful data. Keith Glidden reminded the Applicant that the burden of proof is on them. Michael Blier noted that when you are on the site, it is clear that water will not flow the way it looks like it will on the 10' contour plan. Mr. Patrowicz noted that the Salem data available (the 5' contours) is good. Kevin Cornacchio noted that the ramps and scale house are part of this current proposal, but • that the Conservation Commission should hold off in discussing them until they see more detailed information in that area. There being no further questions or comments regarding this matter a motion was made by Joseph Furnari to close the hearing, seconded by Keith Glidden, and approved (7-0). Joseph Furnari made a motion to continue until April 12th, seconded by Keith Glidden, approved (7,0). Public Hearing - Notice of Intent - DEP # 64-442 - David Kraatz, Uncle Bob's Self Storage, 6467 Main Street, Williamsville, NY 14221. Kevin Cornacchio read aloud the legal notice. Christopher Ryan and Kenneth Knowles from Meridian Engineering appeared before the Conservation Commission to represent the Applicant. Mr. Ryan described the proposal - Highland Avenue floods onto the front portion of the property and because the state has not dealt with the flooding issue on the street, the Applicant is seeking to mitigate damage to their property by upgrading their drainage system. He described the proposal to create positive pitch, install a 24"diameter perforated main line and create two new catch basins. He noted that in two inch or less events, water could recharge back into the ground and larger events would flow to the headwall and the added • pitch to the pipes would mitigate flooding in front of the building. He continued that the catch basins would have hoods to catch oil and debit, the perforated pipes in the ground would be surrounded by stone. He noted that the proposed upgrades would be a better solution that Page 4 of 7 • what is currently on the site and that the upgraded system will allow more groundwater recharge. He stated that although a hydraulic analysis of the site had not been done, he believed that run off rates for 90% of the storm events will be decreased as a result of the proposed upgrade. David Pabich noted that they Conservation Commission would want that hydraulic analysis. Mr. Knowles replied that because they are not changing the flow, only adding infiltration, the analysis will only show a decrease. He noted that the street system is overloading, creating a backwater on Highland Avenue and that everything flows southerly. Mr. Ryan noted that inlets are going to be added to get positive pitch. Kevin Cornacchio asked about the soils. Mr. Ryan responded that Meridian had done test pits next door on a different project and found a layer of fill, then sandy soils then groundwater weeping. Kevin Cornacchio asked if this drainage upgrade would help mitigate flooding on Highland Ave. Mr. Ryan replied that larger pipes will help, but will not solve the flooding problems on Highland Ave. • Kevin Cornacchio noted that there are some very active neighbors on Clark Street who have great concerns about flooding. Carey Duques suggested rip rap be installed at the outlet pipe because of all the sediments build up at Highland Avenue. David Pabich asked if the basins on site now flood. Mr. Knowles relied that they do, only because of the flooding problem on Highland Avenue. He noted that the existing system is non-perforated. CP expressed his concern that the proposal will shift water down quicker. He further noted that he wants to see calculation that show the proposed upgrades will not make the neighbors" flooding problems worse. Kevin Cornacchio opened the meeting 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 (7-0). The Conservation Commission scheduled a site visit for February 24th at 8 a.m. Kevin Cornacchio noted that the Conservation Commission would like to see the outfall and removal of some sediments at the site visit. • Joseph Furnari made a motion to continue until March 8th, seconded by David Pabich, approved (7,0). Page 5 of 7 Old/New Business Notice of Proiect Change - DEP # 64-420 Leggs Hill YMCA Kevin Cornacchio read aloud the legal notice. He then read a letter dated February 15th requesting a Project Change for the Order of Conditions issued June 8, 2006. Attorney George Adkins appeared to represent the Applicant. He described the change requested - the Applicant is eliminating the subdivision road, cul-de-sac, retaining wall and house lots and will therefore have much less of an impact on the buffer zone and provide much more green space. He noted that due to the increased cost of building the road and the decline of the market, it was no longer cost effective for the Applicant to construct the road. He continued that the Applicant would also be gong back to the Planning Board and that all offsite orders and conditions will remain in place. Matt Varel with VHB, and environmental scientists, noted that the work was being pulled out of the buffer zone, no more discharge of outflow, no drainage structure on the cul-de-sac would be needed. He continued that the Applicant would still follow through on the mitigation work and would still place the land under a Conservation Restriction. He noted that other than the trees shown on the plan, the area would be seeded, not as lawn, but some erosion control mix. David Pabich asked if the toe of the slope roughly correlates to where the retaining wall would • have been. He also asked why the Applicant had chosen to seed rather than let the natural plants grow in. Mr. Varel replied that was accurate and the grade will be 2:1. He added that the seed was an aesthetic choice. David Pabich requested an upland seed mix be planted and that the mowing plan only allow for mowing 1/2 way down the slope - he noted that the bottom 20' of the slope closest to the resource area were the most critical and that are shouldn't be mowed - he further suggested the last 10-20' be allowed to blend up. Michael Blier suggested No-Mow seed mix. Mr. Varel noted that would be fine and that the mowing restriction could be added to the Maintenance Plan. Kevin Cornacchio asked that the Applicant remove boulders that had trickled down to where the trees area. Mr. Varel agreed that the Applicant could do that. Keith Glidden further noted that if the Applicant wanted to remove non-native species and do any further planting in the future, to bring the plan to the Conservation Commission and they • would be receptive to that idea. David Pabich stated that he wanted the Applicant to define the step of the walking path Page 6 of 7 • because it is very steep. 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 (7-0). Joseph Furnari made a motion to Amend the Order of Conditions, seconded by David Pabich, approved (7,0). Anderson's Pond located off Highland Avenue, request for Conservation Commission assistance in removing debit Carey Duques stated that an abutter had contacted her asking that the Conservation Commission help clean Anderson's Pond. She noted that the hospital had deeded the land to the City. Michael Blier noted that he knew someone looking for an Eagle Scout project and that he'd send Carey Duques the contact information. Kevin Cornacchio stated that he wants to make sure that any clean up done in the pond has a very limited scope as the Conservation Commission does not want any native species removed. He suggested the scope be limited to removing trash and debit only. • David Pabich asked about the status of the outflow structure. He asked Cary to contact DPW. Keith Glidden noted that the City may have safety concerns regarding allowing people on site. Carey Duques noted that she would speak with Dick Rennard, DPW. Conservation Commission stated that they were ok with a limited scope, as described by Kevin Cornacchio. They added that any pruning would require additional approval and prior to any major activities, a scope of work should be submitted to the Conservation Commission. Adiournment There being no further business to come before the Commission this evening a motion was made by Joseph Furnari to adjourn the meeting, seconded by David Pabich, approved (7- 0). The meeting was adjourned at 9:15 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission • Conservation Commission022207 Page 7 of 7 CITY OF SALEM AS CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, March 8, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. xP/t/t v—� / �G7�✓/ie%tcci�T jGlJ Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—February 22,2007 2. Public Hearing—Notice of Intent—DEP#64-442—David Krantz,Uncle Bob's Self Storage,6467 Main Street,Williamsville,NY 14221. The purpose of this hearing is to discuss an upgrade of an existing drainage structure and associated repaving within the buffer zone of BVW at 435 Highland Avenue. • 3. 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 revised proposal for construction of residential and stormwater management facilities associated with a subdivision off Clark Avenue 4. Old/New Business Request for Extension- DEP#64-366 City of Salem Repairs to Willows Seawall • Request for Certificate of Compliance-DEP#64-410 96 Swampscott Road • Notice of Project Change-DEP#64-427 Neptune Gas Transmission LNG Pipeline • Violation 3 Harmony Grove Road, former Salem Oil and Grease Site C C f— A r rn- 0 Cb This notice poVod on Buil6tln Board® City H211 ��r/[(� R R" e"�n ,r, u 0 MAR 2 - 2001 // � \14YIZ:ifs, • at p �4' �� M.G.L.i!//S�� ``°r,�f 2a3P\ t1�70.G.L. 120 WASHINGTON STREET, .SALEM, MASSACHUSE T's 01970 TEL: 978.745.9595 FAX: 978.740.0404 WWW.SALEM.COM • Salem Conservation Commission Minutes of Meeting Thursday, March 8, 2007 A regular meeting of the Salem Conservation Commission was held on Thursday, March, 8, 2007 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street. Those present were: Kevin Cornacchio, David Pabich, David Summer, Keith Glidden and Michael Blier. Also present was Frank Taormina, filling in for the Conservation Agent, and Julie Quinn, Clerk. Aooroval of Minutes—February 22, 2007 The minutes of the Salem Conservation Commission meeting held on February 22, 2007 were presented for approval with typo corrections. David Pabich moved to approve, seconded by Keith Glidden, approved (5-0). Request for Extension- DEP #64-366 City of Salem Repairs to Willows Seawall (Old/New Business) Kevin Cornacchio read aloud the legal notice. He noted that this item is being taken out of order to ensure that Kathy Winn, Deputy Director of the Salem Department of Planning and • Community Development, could appear during City work hours. Ms. Winn requested a 3-year extension of the Order of Conditions. She described the project as repair to 275 feet and reconstruction of 177 feet of sea wall at the Willows Yacht Club. She stated that the work had not been completed because funding had only been secured in 2006 from a new DCR program. She concluded that the work should be done within a few months. Kevin Cornacchio read aloud the Special Conditions of the Order of Conditions, noting that these conditions are all still in place. There being no further discussion on the matter, Keith Glidden made a motion to extend the Order of Conditions for DEP #64-366 for three years from today's date. David Pabich seconded, approved (5-0). Public Hearing—Notice of Intent— DEP #64-442— David Kraatz, Uncle Bob's Self Storage, 6467 Main Street, Williamsville, NY 14221. Kevin Cornacchio read aloud the legal notice. He then noted that Christopher Ryan of Meridian had submitted a letter requesting that this item be continued to the March 22nd meeting to give Meridian time to complete their analysis. Kevin Cornacchio noted that the Conservation Commission had made a site visit on Saturday, March 3rd • David Pabich made a motion to continue until March 22nd, seconded by Keith Glidden, approved (5-0). Public Hearing—Notice of Intent—DEP #64-434—Town and Country Homes 532 Lowell Street Peabody, MA 01960. Kevin Cornacchio read aloud the legal notice. Attorney John Kelty appeared on behalf of the applicant to request a continuation until May 24th, 2007. Attorney Kelty gave the Conservation Commission an update on the status of the project. He stated that originally the project had been proposed with a north and south cluster and drainage to accommodate these clusters. He noted that a zone line had been discovered and that six of the homes proposed at the Clark Avenue Extension are located in an industrial zone. He stated that Ward Councilor Pelletier had been contacted to request a change of zoning to accommodate these six units. He stated that even without the zone change, the Applicant plans to move ahead with the rest of the development and that the stormwater management will still be required to accommodate the roadway. He asked that the peer review move forward. Pending the Conservation Commission continuation, Attorney Kelty noted that he would present the check for peer review to the Planning Board on Thursday, March 15th. Attorney Kelty concluded that the Applicant will re-notify abutters before the May 24th meeting. Kevin Cornacchio opened the meeting up to the public. • David Colpits, 18 Clark Avenue, stated that he represented the concerns of 81 residents (he presented the Conservation Commission with signatures) and then stated his opposition to the proposed subdivision. He expressed concern over the runoff that will be caused by the proposed development and the consequent flooding problems. He also expressed concern over the amount of time the Applicant requested, noting that it should not take so long to gain permitting and begin development. He continued that he was concerned that abutters would loose track of the project due to the extension. Kevin Cornacchio noted that the Applicant would re-notify abutters before appearing before the Conservation Commission in May should the continuation be extended. 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 (5-0). David Pabich made a motion to continue until May 24th, seconded by Keith Glidden, approved (5-0). Old /New Business Request for Certificate of Compliance- DEP #64-410 96 Swampscott Road Frank Taormina noted that Ms. Duques had gone on a site visit and recommend that the Conservation Commission issue a full Certificate of Compliance. • Kevin Cornacchio noted that he wanted to be sure that all erosion control measures have been removed - once the silt fence was removed pack it in and make sure there is no divot. He Page 2 of 6 • also wanted to be sure that the special conditions had been met, namely removal of debris and allowing water to flow in and out of the pond. The Conservation Commission agreed to hold off on issuing the Certificate of Compliance until Ms. Duques verifies that these conditions have been met. Notice of Proiect Change- DEP #64-427 Neptune Gas Transmission LNG Pipeline Kevin read aloud the legal notice. German Castro, Environmental Project Manager for Intec Environmental Consultants, appeared on behalf of the Applicant. He described the project change as needing to move the pipeline to accommodate the Governor's condition for approval of both the Neptune and Algonquin pipelines being at least 40 feet apart. He noted that this meant a reduction of pipeline in Salem's jurisdiction by 290 feet. He stated that the pipeline would follow the same path, offset from the original centerline. He continued that surveying and testing done on the original centerline also covered the new proposed path (testing done at a width of 5,000 feet along the center line). He stated that studies should that there is enough soil to cover the pipeline the required 3 feet and that they would not encounter any hard rock or other obstacles. He noted that their data had been cross-checked with Algonquin to ensure the impacts would not be increased. He stated that this new proposed plan and information had been submitted to MEPA and Chapter 91 that that they agreed this was a minor change. He submitted DEP's letter noting that this is not a significant change in the packet submitted to • the Conservation Commission. Kevin Cornacchio asked if DEP had required further bathometric studies. Mr. Castro replied that they had, and that was not a problem because they had already agreed to do a pre-construction survey. Mr. Castro note that the Chapter 91 public hearing would be held at the National Park center on March 21St The Conservation Commission decided that the proposed change is not an Amendment to the existing Order of Conditions and does not required an Amendment or addition of Special Conditions, that the Conditions issued are adequate. Ms. Duques will send a letter stating this to Doug Jones of Neptune at the address provided in their cover letter. Violation - 3 Harmony Grove Road, former Salem Oil and Grease Site Attorney Marshall Handley appeared on behalf of the Owner. He stated that the Owner was acting under a DEP order to remediate the site. He stated that the owner thought that the raised rail road tracks and the DEP order meant that they did not need to submit their plans to the Conservation Commission for approval - he noted that he has now educated his client that that is not accurate and that he must get Conservation Commission approval. • Attorney Handley stated that many chemicals had been stored on site and that the owner is acting on a Response Action Request by DEP. He noted that portions of the site were gathering places for vagrants and was overgrown. He stated that DEP had ordered the area Page 3 of 6 . cleared and tested. The Conservation Commission noted that trees had been taken down by machine and offered as "free wood". David Pabich asked Attorney Handley to describe the timeline for DEP's Order. Attorney Handley replied that there is no Consent Order, only a tier classification and Phase I and that the treat of release has been controlled to DEP's satisfaction. Kevin Cornacchio noted a plastic tank on site full of something and without markings. He then asked if there is an LSP on-site. Attorney Handley replied that all chemicals have been removed to DEP's satisfaction and that there is an LSP on site. He also noted that there are no USTs on site. Kevin Cornacchio noted that Ms. Duques would arrange for a site visit with the LSP. Attorney Handley noted that the new owners had acquired the property last summer. Conservation Commission asked about plans for the site. Attorney Handley noted that the plans were not yet formed. • David Pabich stated that the Conservation Commission needs to be informed of any excavation work on site with respect to remediation. The Conservation Commission noted that the Contractor had moved ahead recklessly, clear cutting trees that should have been saved. They stated that Attorney Handley needs to inform his client that they must notify the Conservation Commission of any excavation or clear cutting planned and that that they need to order the contractor to not brashly move ahead. Keith Glidden noted that he wants the contractor to appear before the Conservation Commission because he's concerned. Attorney Handley noted that Hubbard Brothers are the contractors. David Pabich stated that the drainage from the site goes right into the river and it does not matter that the railroad tracks are raised. Michael Blier noted that he was suspicious and doubtful of this whole project because he is not sure qualified people are making decisions based on the actions taken thus far. David Pabich noted that if any further excavation takes place without Conservation Commission approval, the Conservation Commission will begin fining. • Kevin Cornacchio noted that the excavator is still parked on-site. David Pabich stated that the owner needs to identify all surface drains and surface pathways Page 4 of 6 • and that the site needs to be stabilized. The Conservation Commission stated that they want a letter from a wetlands scientist stating that the site is not causing damage to the Resource Area and stating why. David Summer stated that the excavator needs to be pulled back, equipment must be removed from the resource area, back 200 feet from the river and erosion controls need to be in place. Keith Glidden noted that the Owner and Contractor need to appear before the Conservation Commission to answer questions at the next meeting. Conservation Commission stated that Ms. Duques will follow up with a letter and that under the guidance of a wetlands scientist, they are to remove equipment from the site and install erosion controls and to present a letter to the Conservation Commission from the wetlands scientist stating that they are satisfied with the conditions on site and that the site is stabilized. David Pabich noted that when the building is demolished, the Conservation Commission needs to be notified. Amanda Davis, 18 Commercial Street, as a member of the Center for Urban Watershed, a non-profit that can gain lands in land lease agreements. They focus on bio remediation (the • removal on contaminants through plants). She noted that the organization is interested in working with the Owners of this site and the Universal Steel site. The Conservation Commission noted that they did not have a contact for the Universal Steel site, but that she should call Barbara Warren of Salem Sound Coast Watch. A&H The Conservation Commission briefly discussed their discontent with the lack of information they have been provided even after repeatedly asking for specific information. The idea of peer review was discussed. Tinkers Island David L. Davies, President of the Tinkers Island Association submitted a letter to the Conservation Commission dated February 27th. Kevin Cornacchio read this letter aloud, which summarized his assertion that Mr. Silva is not a member of the Association and that he was told that he could not build without the Association's approval at their annual meeting - he never advised Mr. Silva that the only approval needed was from the Association. He further stated that he instructed Mr. Silva to stop construction. He continued that even if Mr. Silva receives the proper City permits, he cannot build without Association approval. Keith Glidden noted that the issue of title is important, the Conservation Commission needs to • know who has standing as the Applicant and that more information is needed about the Association. Page 5 of 6 • 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 Keith Glidden and approved (5-0). The meeting was adjourned at 7:49 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission Conservation Commission03O8O7 • Page 6 of 6 ,�Lorunrgw. CITY OF SALEM CONSERVATION COMMISSION M77CE oFMFF77NTG You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, March 22, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Revised Agenda: 1. Meeting Minutes—March 8,2007 2. Continuation of a Public Hearing—Notice of Intent—DEP#64-442—David Krantz, Uncle Bob's Self Storage, 6467 Main Street, Williamsville, NY 14221. The purpose of this hearing is to discuss an upgrade of an existing • drainage structure and associated repaving within the buffer zone of BVW at 435 Highland Avenue. 3. Public Hearing—Notice of Intent—Salem Sound Coast Watch, 210 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss a project to remove Phragmites australis from a salt marsh located within a Riverfront Area at 20 Lincoln Street. 4. Public Hearing—Abbreviated Notice of Intent—DEP #64-443—GEI Consultants, 400 Unicorn Park Dr, Woburn, MA 01801. The purpose of this hearing is to discuss the construction of an addition to a one story building located within the buffer zone of a coastal bank at KeySpan off of Pierce Avenue & Waite Street. 5. Old/New Business- Request for an Extension Permit- DEP#64-364 Aquatic Management Program at Tedesco Pond Request for Certificate of Compliance-DEP#64-357 12 Buena Vista Avenue • Update on Violation at 64 Grove Street,former Salem Oil and Grease Site • Request for Certificate of Compliance-DEP#64-410 96 Swampscott Road • Request for an extension- Tinkers Island NOI Application extension request for June 14, 2007 • 120 WASHINGTON STREET,SALED9, TEL:978.745.9595 FAx: 978.740.0404 ♦ WiVXv.sALF.m.com i • Salem Conservation Commission Minutes of Meeting Thursday, March 22, 2007 A regular meeting of the Salem Conservation Commission was held on Thursday, March, 22, 2007 at 6:00 p.m. in the third floor Room 311 at 120 Washington Street. Those present were: Kevin Cornacchio, Joseph Furnari, David Summer, Keith Glidden, Amy Hamilton and Michael Blier. Also present was Carey Duques, Conservation Agent, and Julie Quinn, Clerk. Tabled Minutes—March 8, 2007 The minutes of the Salem Conservation Commission meeting held on March 8, 2007 were not submitted to the Conservation Commission prior to the meeting. Joseph Furnari moved to table the minutes until the next meeting, seconded by Keith Glidden, approved (6-0). Continuation of a Public Hearing—Notice of Intent— DEP #64-442— David Kraatz, Uncle Bob's Self Storage, 6467 Main Street, Williamsville, NY 14221. Kevin Cornacchio read aloud the legal notice. • Jonathan Markey from Meridian Associates appeared to represent the applicant. He explained that he has taken this project over from Ken. He submitted revised plans and calculations that included a slight rate increase at 10-year and 100-year events but a reduction in volume of water. He noted that they could not mitigate the increased rate and that the new calculations include the existing system. He continued that the current system is silted up and will be cleaned. He concluded that the wetlands downstream should be able to handle the increased rate. He noted that the proposed plan has perforated pipes and 2 catch basins. Kevin Cornacchio noted that the Conservation Commission had conducted a site visit on February 24th. He then asked if there was any advantage to keeping the pipes solid. Mr. Markey noted that it would not have an impact, but is better to keep it perforated. He then noted that all catch basins would have a deep sump. He continued that the pipes will be self scouring, which will help keep the pipes from silting up. He added that each pipe would be surrounded by 3/4 inch of stone and backfilled with a filter fabric on top of the pipes and that the pipes would be at a depth of 3 feet. Carey Duques asked about the outlet, if the contractor will remove sediment by hand and dispose of off site and how much area would be affected. Mr. Markey replied that he was not sure how wide of an area they would clear, but that the sediments would be removed by hand and disposed of off site. • Keith Glidden asked if there is a maintenance plan for the existing system. • Mr. Markey replied that he was not sure, but that a maintenance plan would be put into place from this point forward. Kevin Cornacchio noted that he wants to see more"No Dumping" signs - 1 further up toward Highland Avenue near the basin then 2 or 3 in the back facing toward the storage building. Amy Hamilton observed from the site visit that there is a dumpster on-site in the buffer zone that needs to be moved. Kevin Cornacchio agreed that that dumpster needs to be moved. He also noted that trash and debris needs to be pulled out in and around the brook. Keith Glidden noted that the maintenance plan should include inspection of the outflow pipe and snow storage and removal. David Summer also noted that snow was piled up on or near the resource area, and that area should not be used for snow storage. Kevin Cornacchio opened the meeting 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 Amy Hamilton, and approved (6-0). • There being no further discussion on the matter, Joseph Furnari made a motion to issue an Order of Conditions for DEP #64-442 with the following Special Conditions: 1. Remove built up sediment by hand and along bank full width. 2. Implement proposed Operation and Maintenance Plan. 3. Add 2-3 more No Dumping signs along southeast side of site. 4. Move the dumpster outside of the buffer zone to the resource area. 5. Relocate the snow removal area outside of the buffer zone to the resource area. 6. Add outflow pipe cleaning to Operation and Maintenance Plan. David Pabich seconded, approved (6-0). Reauest for an Extension Permit- DEP #64-364 Aquatic Management Prooram at Tedesco Pond Kevin Cornacchio read aloud the project description from the agenda. Dominic Morgando appeared before the Conservation Commission. He filed the original NOI in 2004 and noted that the project had been going well - he described the pond herbicide and sonar treatments that have been conducted. He noted that in the summer of 2006 they had only had to do spot treatments once for algae. He noted that the Association had conducted studies at 3 outflow pipes in an effort to identify the nutrients getting into the pond. He added that the pond was shallow enough that they had not needed to oxygenate. He stated that he is requesting a 3-year extension to allow the Association to continue with • the program, which is now in a spot treatment and maintenance mode. Kevin Cornacchio noted that the site looks better now than it had in 2004. He asked if any Page 2 of 7 • reptiles had been seen. Mr. Morgando replied that he had not seen any reptiles, but that there may be some turtles. Carey Duques asked if the outflow pipes from the Staples Plaza had been tested. Mr. Morgando noted that one had been sampled and they'd like to sample the rest, it will depending on availability of funding. Kevin Cornacchio asked if the pond would be stabilized to the point where treatment can stop. Mr. Morgando replied that he was not sure. Kevin Cornacchio noted that the Association should contact the City if they find that the catch basins need to be cleaned. Michael Blier asked if the Association had been following the fertilizer condition of the Order. Ms. Louden noted that yes, the Association has a landscaper for all of their work and they only use organic fertilizers. Barbara Warren, 5 Hardey Street, Salem, asked what the Association had been testing for. . Mr. Morgando noted that they had found various bacteria, fecal matter, etc. He noted that they were trying to figure out where water is coming from where. There being no further discussion on the matter, Joseph Furnari made a motion to extend the Order of Conditions for DEP #64-364 for three years from today's date. David Summer seconded, approved (6-0). Public Hearing—Notice of Intent—Salem Sound Coast Watch, 210 Washington Street, Salem, MA 01970. Kevin Cornacchio read aloud the legal notice. Barbara Warren of Salem Sound Coast Watch appeared before the Conservation Commission. She described the location of the project on a tributary of the Forest River, near a large salt marsh, backing up to the Salem State College dorms and Baseball Field. She described the proposed project - to take a small portion of the site just outside of the salt marsh and test Phragmites removal techniques. She described the three techniques -allowing salt water into the environment, allowing salt water into the environment AND cutting, and using a product called "Burn Out". She also noted that there would be one control area. Ms. Warren described the work this would entail, including excavation of a 2' X 2'ditch for the one salt water technique and excavation of a 6 inch ditch, removal of Phragmites (including the head) and removal from the site and described Burn Out as a natural product that will not • require a license. Ms. Warren stated that Jeff Wilson will be doing the excavation work using a small machine Page 3 of 7 which will be on log mats - she offered to share his qualifications once she receives them in the mail. She also noted that this is an experiment/study being done with Salem State College using a grant and that Salem State College students will also be working on this project. Keith Glidden asked that a sign be put up saying, "Invasive Species Removal Site, Contact Salem Sound Coast Watch, partners or Conservation Commission". Carey Duques added that she'd give Ms. Warren some wetland markers as well. David Summer asked how long the excavator will be in the wetlands. Ms. Warren replied that it would be a few days and that at night Mr. Wilson would probably take the machine with him, but that the Conservation Commission can ask him at the site visit or the next Conservation Commission meeting. She noted that they do not have a Soil Disposal Plan yet, but that they are seeking a location. She added that the phrags heads would be thrown in the trash and the stalks would be composted. She also noted that she would be going to the South Salem Neighborhood Association to speak on April 11tn Kevin Cornacchio noted that the college students need to get a copy of the PPE if they are using a killing agent. Ms. Warren noted that the students will receive training before they start. • Kevin Cornacchio opened the meeting up to the public. Larry Dennison, 12 Sunset Road, asked how specific Burn Out is - whether it just kills phrags or if it kills everything. He wanted to know if the area could reestablish itself naturally after the chemical was used. Ms. Warren replied that Burn Out is not specific, but that they would be very careful in its use - using a syringe to inject. She noted that after the phrags are gone, they will replant shading plants to keep the phrags from growing back. Mr. Dennison then asked about phasing of the excavation. Ms. Warren replied that they will dig the trench to bring in salt water to the center to where the phrags are on site and noted that she'd point out the area on the site visit. Mr. Dennison then asked about the PVC pipes he'd noticed on the site. Ms. Warren replied that those are salinity test sites. She asked if it would be ok for Dr. Young would like to cut frags by hand in March. The Conservation Commission agreed that would be fine. • The Conservation Commission scheduled a site visit for April 12 at 5 pm. There being no further discussion on the matter, Joseph Furnari made a motion to continue Page 4 of 7 • this item until April 12th, seconded by Keith Glidden, approved (6-0). Public Hearing—Abbreviated Notice of Intent—DEP #64-443—GEI Consultants. 400 Unicorn Park Dr, Woburn, MA 01801. Kevin Cornacchio read aloud the legal notice. Saskia Oosting of GEI Consultants appeared before the Conservation Commission. She described the project as an addition to the existing building to provide space for an additional vaporizer to increase capacity during peak use times. She noted that the work would include digging for footings and the pad and extending the fence by digging a few post holes. She also noted that work would not begin for a few years. She added that the existing structures would remain and any additional piping will be kept above ground. She described the site as a capped area, stating that they will have to peel back the liner and put new liner under the building. She noted that there will be a system in place in case of an accidental spill. She concluded that runoff of the addition will be handled by the existing system. Carey Duques noted that this is a storm control/flood control bank and that the Applicant needs to prove that this work will not effect the bank. Ms. Oosting replied that they understand. She noted that all soil will be taken off site and that they already have an LSP on board at GEI, • The Conservation Commission scheduled a site visit for April 5th at 5 p.m. There being no further discussion on the matter, Joseph Furnari made a motion to continue this item until April 12th, seconded by David Summer, approved (6-0). Old /New Business Reauest for Certificate of Compliance- DEP #64-357 12 Buena Vista Avenue Carey Duques noted that she went on a site visit today that the silt fence is still in place. She stated that she would call and write a letter to let them know it needs to be removed. She also noted that the orientation of the house is a bit off, but does not have huge effects on the wetlands. Kevin Cornacchio agreed that the Certificate of Compliance should not be issued until the erosion control measures are cleaned up. There being no further discussion on the matter, Joseph Furnari made a motion to continue this item until April 12th, seconded by David Summer, approved (6-0). Update on Violation at 64 Grove Street, former Salem Oil and Grease Site Carey Duques noted that she'd spoken to Attorney Handley and he said that the erosion control was going to be in place, but when she drove by to check, nothing had been done. • Keith Glidden suggested the Conservation Commission send a letter setting a compliance date and issuing a $200/day fine until the erosion control measures were in place - hay bails, silt fence, catch basins on-site covered and protected. Page 5 of 7 . The Conservation Commission set the sate as March 29th and directed Carey Duques to send a certified letter immediately. Reauest for Certificate of Compliance- DEP #64-410 96 Swampscott Road Carey Duques noted that the silt fence had been pulled and put into a pile. She continued that she called to let the owner know that the Certificate of Compliance cannot be issued until the silt fence is cleared away and that she would go check next week. Request for an extension- Tinkers Island NOI Application extension request for June 14, 2007 Kevin Cornacchio read an email from Attorney Robbins into record requesting an extension to June 14th. She noted that weather had delayed their ability to prepare the submission. She also noted that Mr. Silva needs to get architectural plans, a building permit, and determining other required permits. She stated that he is not doing further construction, but asked forthe Conservation Commission's approval for the Applicant to go on-site to clear trash and debris. Keith Glidden noted that the Conservation Commission should not entertain an NOI that is subject to variances - noting that the Conservation Commission is not the place to start. Carey Duques noted that the Applicant, through his attorney, had requested information . for all Tinkers Island NOIs, correspondence, violations and minutes of any Conservation Commission meeting discussing Tinkers Island for the past 20 years. She asked Kevin Cornacchio if he knew of any. Kevin Cornacchio stated no, that he did not recall any discussion of Tinkers Island since he had joined the Conservation Commission in 1997. Carey Duques noted that she and Frank Taormina had looked through the list and did not find any DEP numbers. Winter Island Clean up Kevin Cornacchio noted that the Conservation Commission should contact Dick Rennard of the Department of Public Works asking that the back road of Winter Island be cleaned up. He noted that the City had dumped debris there and they should not do that. Carey Duques noted that she would send an email and/or letter. Sand Barrels Kevin Cornacchio noted his concern over the location of sand barrels around catch basins. He noted that the sand is being dumped into the basins, rendering them ineffective. He noted that the City should look into other methods for disbursing sand. • Carey Duques noted that she would talk to Rick Rennard about ideas. Kevin Cornacchio noted that this would make his job easier too since DPW is responsible Page 6 of 7 • for cleaning out the catch basins. Adiournment 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 Joseph Furnari and approved (6-0). The meeting was adjourned at 8:00 p.m. Respectfully submitted by: Julie Lynn Quinn, Clerk Salem Conservation Commission Conservation Commission032207 • • Page 7 of 7 This notice pos4edt on olgcclsl�Bulletin Board"aaa oily Hall Ave., F a Soo SC . 7 Y 5 J -1 kms;. C 1�. MA is CIlY L ',,�� YF SALEM CLEFK'S OFFICE \q CONSERVATION COMMISSION 7SUl @PR -5 A 9� 50 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,April 12, 2007 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 8 and 22,2007 2. Continuation of a Public Hearing—Notice of Intent—DEP #64-444—Salem Sound Coast Watch, 210 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss a project to remove Phragmites australis from a salt marsh located within a Riverfront Area at 20 Lincoln Street. *.v Continuation of a Public Hearing—Abbreviated Notice of Intent—DEP #64-443—GEI Consultants, 400 Unicorn Park Dr, Woburn,MA 01801. The purpose of this hearing is to discuss the construction of an addition to a one story building located within the buffer zone of a coastal bank at KeySpan off of Pierce Avenue & Waite Street. 4. 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. 5. Public Hearing— Notice of Intent—Tighe and Bond, 53 Southampton Road, Westfield, MA 01085. The purpose of this hearing is to discuss the improvements to the existing Peabody Metering and Sampling Facility located within a Riverfront Area, Bordering Land Subject to Flooding, and the buffer zone of inland bank along Harmony Grove Road in Salem. 6. Public Hearing— Request for Determination of Applicability—David Pabich. The purpose of the hearing is for a determination of work related to repairs to a seawall and removal of bituminous driveway and concrete walkway within a coastal bank and buffer zone of a coastal bank at 8 Harbor View Terrace. 7. Old/New Business • Notice of Project Change- DEP#64-439 and#64-438 • Request for Certificate of Compliance- DEP#64-357 12 Buena Vista Avenue • Request for Certificate of Compliance- DEP#64-410 96 Swampscott Road • Request for Certificate of Compliance- DEP#64-367 17 Henenway Road • Request for Certificate of Compliance- DEP#64-369 137 Marlborough Road • Update on Violation at 64 Grove Street, former Salem Oil and Grease Site • Update on Open Space and Recreation Plan • Agent request funding for MACC Conservation training f • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday April 12, 2007, 6:00 p.m. Meeting Location: Third Floor Room 313, City Hall Annex, 120 Washington Street Members Present: Kevin Cornacchio, David Pabich, David Summer, Amy Hamilton, Michael Blier Members Absent: Keith Glidden Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Approval of Minutes—March 8 and 22. 2007 Members review the March 8, 2007 minutes. Pabich: Motion to approve, seconded by Blier. (Passes 4-0-1) Amy Hamilton did not vote because she was not present for the March 8, 2007, meeting. Summer: Motion to table the March 22, 2007 minutes until the next meeting on April • 26, 2007, seconded by Hamilton. (Passes 5-0) Continuation of a Public Hearina — Notice of Intent — DEP #64-444 — Salem Sound Coast Watch, 210 Washinaton Street. Salem. MA 01970. Cornacchio reads the legal notice which explains that the purpose of this hearing is to discuss a project to remove Phragmites australis from a salt marsh located within a Riverfront Area at 20 Lincoln Street. Duques shows the photo log. Barbara Warren of Salem Sound Coast Watch speaks about the qualifications of Geoffrey M. Wilson who works for the wetlands restoration firm, and will conduct the work on this site. She distributes a packet which describes Wilson's qualifications. Warren displays the sign that will be posted at the edge of the property and explains that it will be a white aluminum sign. She provides an overview of the activity, an experiment on how to remove phragmites using three different methods: 1. spraying the Phragmites with a control agent about every other week, 2. digging a trench and excavating 6 inches of soil, and 3. cutting through the concrete wall and bringing in the ditch closer to the area of the phragmites to drain the area. Pabich asks why they don't just remove the concrete wall altogether. Warren states that the project is funded by the Gulf of Maine Cycle and that removing the concrete wall would be a bigger project than they can deal with at this time. Conservation Commission Meeting Minutes April 12, 2007 Page 2 of 9 Warren states that the six inches of soil to be removed would not be left on site, and they will look for a place in Salem to deposit the soil. She adds that it must be left in a dry space where the phragmites will not grow back. Warren explains that the plant will not grow back after it has been properly composted. Blier asks how long it would take to be composted. Warren says it might take up to one year. She adds that they are hoping to do this project in June and July when the weather is dry, and that they will give a report to the City at the end of 2007, as well as interim report for the Conservation Commission. Cornacchio opens the discussion to the public. There is no comment. Blier: Motion to close the public hearing, second by Summer. (Passes 5-0) Hamilton: Motion to issue an Order of Conditions, seconded by Summer. (Passes 4-0-1) Pabich does not vote because he was not present at the last meeting. Continuation of a Public Hearing — Abbreviated Notice of Intent — DEP #64-443 — GEI Consultants. 400 Unicorn Park Dr. Woburn. MA 01801. • Cornacchio reads the legal notice which explains that the purpose of this hearing is to discuss the construction of an addition to a one story building located within the buffer zone of a coastal bank at KeySpan off of Pierce Avenue & Waite Street. Saskia Oosting who represents KeySpan states that KeySpan is looking to add to an existing building and will be building a structure but not increasing any inflow into the ground because all runoff will go into a drainage system which is up to code. She adds that the chain link fence will be moved 3 feet closer to the coastal bank, and that footings for the building will go 3-5 feet deep. Conacchio advised her that all contaminated soil must be moved off site. Oosting agrees and adds that any ground water will also be taken off site. She adds that everything inside of the fenced area has a liner system to collect all runoff. Blier asks if they will match the existing foundation. Oosting: Yes. The members agree that the building is far from the bank. Cornacchio opens the discussion to the public. There is no comment. • Hamilton: Motion to close the public hearing, seconded by Summer. (Passes 5-0) Conservation Commission Meeting Minutes April 12, 2007 Page 3 of 9 • Summer: Motion to issue an Order of Conditions, seconded by Hamilton. (Passes 4-0- 1) Pabich does not vote because he was not at the last meeting. Duques adds the condition that all soil and ground water generated be property transported off site. Continuation of Public Hearing — Notice of Intent — DEP #64-426 — A & H Auto Exchange Inc.. 15 Robinson Road. Salem. MA. Cornaccio reads the legal notice which explains that 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. Cornacchio reads the letter from Bruce Pool, president of SP Engineering requesting a continuance of this issue. Duques states that she checked the site and intends to meet with then before May 10th. She adds that the stormwater is lingering and they need to watch it. Pabich expresses concern about aspects of the drainage stating that they are passively filling wetlands with their runoff. Blier expresses concern with the company's lack of statistics on the runoff. Pabich states that he is willing to deny the request if they don't have the Topo available by May 10tH Cornacchio says that a letter to that effect was sent to them. Pabich asks Duques if she will be able to check the site and the hay bails to see if they are in compliance. Duques states that she will and Cornacchio agrees to meet Duques on the site on Tuesday for an inspection. Summer asks if the failure in the hay bails has changed. Duques states that there have been 2 areas where the hay bails have failed and continue to fail. All members express discontent with how long this issue has been drawn out. Pabich suggests advising the company of the members' discontent before meeting with them on May 10tH • Summer suggests that the Commission deny any further requests if no company representative attends the meeting on May 10tH Conservation Commission Meeting Minutes April 12, 2007 Page 4 of 9 • Pabich suggests advising them that fines will be imposed if something isn't done. Pabich: Motion to continue the DEP Notice of Intent #64-426, seconded by Hamilton. (Passes 5-0) Public Hearing — Notice of Intent —Tiahe and Bond 53 Southampton Road Westfield MA 01085. Cornacchio reads the legal notice which explains that the purpose of this hearing is to discuss the improvements to the existing Peabody Metering and Sampling Facility located within a Riverfront Area, Bordering Land Subject to Flooding, and the buffer zone of inland bank along Harmony Grove Road in Salem. John Darling, attorney representing Tighe & Bond which represents the South Essex Service District (SESD) introduces Alan Taubert, project manager for SESD, and Melissa Coady, environmental scientist for Tighe and Bond, and explains that the purpose of the work is to provide better flow through the facility and to allow the facility to better function. He adds that the project will last about 4 months, with the excavation portion lasting only one month. Darling states that the project will be publicly bid and the Order of Conditions will be specified in the contract bid specifications. He says that the Conservation Commission members are • welcome to come to the pre-construction conference. Mellissa Coady describes the details of the project. She displays a plan and explains that it is a relatively flat site with a maintained lawn so there will be very little run off. She adds that when the work is done the area will be restored to its pre-construction conditions with no alteration to the impervious areas. Coady states that the work will occur within 100 feet of the top of the bank. Cornacchio asks if the grade flows to the river or to the street. Pabich says that it is a very gradual flow toward the river but it is a very flat parcel. He asks about the construction sequence. Coady refers to the plan which describes the construction sequence. Pabich asks how the connection will be made. Taubert states that nothing will be removed until the materials are on site, and then they will drain all of the pipes, change the pipes, backfill and test the system, and then reactivate. He adds that the units will be drained into the sewer. Pabich asks about the bypass. • Taubert says that the bypass is already in the street and they will put a temporary wall in area. He adds that dewatering the rainwater in the hole could be handled with a filter sock technique or will be pumped back into the sewer, but they will probably steel-plate the hole Conservation Commission Meeting Minutes April 12, 2007 Page 5 of 9 • anyway which will prevent most of the rainwater from entering the hole. Taubert says that soil samples have been tested and he believes that the soil is clean except for a slight bit of coal, and that the area is not fertilized. He adds that an outfall did exist but there is no longer any outfall on the site. Cornacchio opens the subject up to the public. Joan Sweeney of 22 Silver Street asks about the north wall. Taubert states that area is a separate property. Sweeney says that she wants everyone to be aware that there is a huge drainage pipe there. Taubert says they won't be working in that area. Coady states that there is one boring where the excavation will occur. Pabich asks if there will be an LSP to make an assessment of the situation. Barbara Warren of 5 Hardy Street asks when this will occur. Taubert says that the work will be done in the late summer into the fall. Warren asks if that area floods and what are the plans to handle a major flood. • Taubert says that there are no plans as of now but they will address plans for a flood. Cornacchio suggests setting up a site visit date. The members agree on April 26, 2007, at 5:00 p.m. Summer: Motion to continue this issue until April 26th with a site visit at 5:00 p.m. on April 26th, seconded by Hamilton. (Passes 5-0) Public Hearing- Request for Determination of Applicability — David Pabich. David Pabich recuses himself from this hearing and steps down. Cornacchio reads the legal notice which explains that the purpose of this hearing is for a determination of work related to repairs to a seawall and removal of bituminous driveway and concrete walkway within a coastal bank and buffer zone of a coastal bank at 8 Harbor View Terrace. David Pabich speaks about this project stating that in the last 6 months there was a significant shift of the seawall on his property, which he believes is caused by erosion. He adds that there is a 2nd seawall 18 inches landward from the lst seawall, and he intends to bolt the 1st seawall to the 2nd seawall, and any organic material between the two walls will be removed • and replaced with stone and topped with a filter fabric. Pabich states that an epoxy will be used on the large crack at the southern end of the wall, and the final grade will be approximately 6 inches above the existing wall. Conservation Commission Meeting Minutes April 12, 2007 Page 6 of 9 • Pabich explains the bituminous driveway being replaced by brick, and the concrete walkway along the house being replaced with an expanded planting bed, and the concrete walkway to the street being replaced with brick pavers. He adds that the grade at the house is about 10 feet higher than that at the wall, and he will restore the dysfunctional weepholes on the wall. Duques asks about Chapter 91. Pabich says that he will apply for one on the existing wall which is unlicensed. Cornacchio recommends the Commission issue a Negative three with some conditions, as the work will be done from the landward side, and any excavate must be stored outside of the buffer zone. Summer: Motion to close the public hearing, seconded by Hamilton. (Passes 4-0) Hamilton: Motion to issue a Negative three Determination of Applicability (DoA) with the above noted conditions, seconded by Summer. (Passes 4-0) Old/New Business Notice of Proiect Chance — DEP #64-439 and #64-438 • Cornacchio introduces the property owner, Paul Dibiase and the Jim McDowell of Eastern Land Survey. Jim McDowell of Eastern Land Survey, Osborne Hills Subdivision describes the proposal for lots 29 and 30 stating that on lot 29 the wall was champered off in the corner and they would like to square that corner to add more area to the yard. He adds that on lot 30 it is less extensive in its depth than originally planned with a stepped wall condition designed to provide a more level back yard. He asks the commission to consider these two changes. This development is off of Marlborough Road. After a lengthy discussion the in which the Commission members express disinclination to grant the application, McDowell and DiBiase propose a compromise which involves rounding the edge to the wall. The members agree to this compromise for lot 29. McDowell describes the changes to lot 30 with the wall being more vertical and with a step in the wall with a manicured lawn. Dibiase agrees to install natural plantings in the area between two walls in the resource area in the lower level. Duques asks for any recommendation such as to use "No Mow" lawn starter. • The members agree to these newly proposed changes. Conservation Commission Meeting Minutes April 12, 2007 Page 7 of 9 • Pabich: Motion to accept the project with the proposed changes at Osborne Hills which include rounding the corner beginning at flag 839, and moving the lower corner of the wall back, and planting natural vegetation on the lower step of the two walls in the resource area , seconded by Summer. (Passes 5-0) Blier excuses himself and leaves the meeting. Request for extension ORAD DEP #264-365 - Osborne Hills Sub Division off Marlborough Road Pabich: Motion to grant the extension for 3 years, seconded by Hamilton. (Passes 4-0) Request for Certification of Compliance — DEP #64-357 12 Buena Vista Avenue Duques says that this was a lot that had been subdivided and the work is completed and the site is clean. She adds that the hay bails can stay and the silt fence has been removed. Pabich: Motion to grant the Certificate of Compliance, seconded by Summer. (Passes 4- 0) Request for Certificate of Compliance — DEP #64-420 96 Swampscott Road • Duques states that the work is completed and the silt fence has been removed and there was a huge pile of concrete which was just removed today, and the dumpster was removed on Wednesday. Hamilton: Motion to issue a Certificate of Compliance, seconded by Summer. (Passes 4-0) Request for Certificate of Compliance — DEP #64-367 - 17 Henenway Road Duques says that the seawall was constructed and the ramp extended out with a float, and there are no outstanding conditions in place. Pabich: Motion to issue a Certificate of Compliance, seconded by Summer. (Passes 4-0) Request for Certificate of Compliance — DEP #64-369 - 137 Marlborough Road Duques states there was an installation of an in-ground pool with a 50-foot no-build zone and a 30-foot no-disturb zone, and that the river is clear of debris. Hamilton: Motion to issue a Certificate of Compliance, seconded by Summer. (Passes 4-0) Update on Violation at 64 Grove Street, former Salem Oil and Grease Site • Attorney Marshall Handley who represents the property owner states that the Conservation Commission did not communicate effectively with him to accomplish a resolution to this issue. He adds that the property owner has done everything that he was instructed to do, and that Conservation Commission Meeting Minutes April 12, 2007 Page 8 of 9 • the trees and the mounds of soil on this property are the excavate from the SESD site. Duques states that there has been a lack of communication on Handley's part to inform the Conservation Commission on what was going on with this property. Much discussion ensues about the timeline for the previous actions and the communication. Michael Hubbard, property owner, takes responsibility for the period of time that it took to get the hay bails installed. More heated discussion ensues about past events and communications. Hubbard displays the plan and explains the actions on the site. Duques states that she spoke with Bob Griffin, Griffin Engineering and they will be at the meeting on April 26th, and the engineering work is moving along quickly. She adds that she doesn't want to give too much leeway with the Notice of Intent. Jesse Blanchette with Griffin Engineering explains the plans and states that the threat of contamination has been decreased and they can conduct borings tests. He adds that there is an old boiled ash drum buried in one area and 2 underground oil tanks which need to be removed. Blanchette states that they need to continue with general clean up of the site which as been a dumping ground for years and there is work in progress to clean the site and • remove the debris and remove the trees which have been cut down. He adds that the DEP has pressured them to clean the site by February of 2009. Pabich asks about the drainage system. Blanchette states that there is no drainage system currently on site and it drains by overland flow, and that hay bails and a silt fence are there now. Cornacchio states that all actions requested by the Commission have been done and they will await the Notice of Intent. Blanchette states that no more trees will be cut down. Cornacchio states that they can remove the trees that are down, computers, steel, concrete and other debris. Hubbard states that he has difficulty because the site was used as an urban dump and contains plumbing supplies, concrete, computers, and other junk. Pabich advises Hubbard not to touch any of the debris that requires any soil be moved. Hubbard agrees to follow his instructions. • Cornacchio states that he can remove all superficial material from the site. He then opens the hearing to the public. Conservation Commission Meeting Minutes April 12, 2007 Page 9 of 9 Mary Connelly of 38 Beaver Street asks what he will do for her property to keep the grade up. Hubbard states that the neighbors are using a chain link fence as a retaining wall and that this is unacceptable. Cornacchio states that this issue is out of the Commission's control. Connelly expresses concern about the soil condition on the property stating that she doesn't want anything bad to go into the river. Sweeney expresses concern about the accessibility of a fire truck. Hubbard states that he has worked closely with the fire department and that fire truck access is possible. Jean Burke of 36 Beaver Street states that the trees were removed. Cornacchio states that he is waiting for the Notice of Intent. Hubbard states that going forward he should be the point of contact. Update on Open Space and Recreation Plan • Duques states that they are on track to completing the plan and when it is completed the City can qualify for grants. She adds that the plan will be completed by the end of June or July, and that there will be a final public forum on this plan on Monday May 14th Adjournment Pabich: Motion to adjourn, seconded by Summer. (Passes 4-0) The meeting is adjourned at 9:20 p.m. 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, ApH126, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. i Kevin P. Cornacchio, Conservation Commission Chairman Revised Agenda: 1. Meeting Minutes—March 22,2007 and April 12,2007 2. Continuation of a Public Hearing— Notice of Intent—Tighe and Bond, 53 Southampton Road, Westfield, MA 01085. The purpose of this hearing is to discuss the improvements to the existing Peabody Metering and Sampling Facility located within a Riverfront Area, Bordering Land Subject to Flooding, and the buffer zone of inland bank along Harmony Grove Road in Salem. •. Public Hearing— Notice of Intent— Groom Construction, LLC 96 Swampscott Road, Salem, MA 01970. The purpose of this hearing is to discuss the installation of a demonstration residential-scale wind turbine located within a Riverfront Area and buffer zone to BVW at 96 Swampscott Road. 4. Public Hearing—Notice of Intent—MRM Project Management, LLC, 9 Abbott Street Beverly, MA 01915. The purpose of this hearing is to discuss the removal of debris and invasive vegetation from the site, construct test pits and install borings to characterize subsurface conditions, conduct limited site re-grading and stabilization work, and locate and remove two underground storage tanks. The proposed work will occur within Riverfront Area, land subject to coastal storm flowage, and buffer zone to coastal bank at 64 Grove Street. 5. Old/New Business • Discussion of violation at 26 Hardy Street. O - t77 Ul T 1 Th;s na069 poMod on 'Oificlal Q 81 fl Boarda M_ C � yyliy W211 AV '' °3,alpii1, �? ;r, 5 2007 � hex I bY.d.\9,h.• Y�GONDITq,O CITY OF SALEM t1ut P, • 9,r ' P4 CONSERVATION COMMISSION 9F�/MLVE �N� NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled for Thursday, May 10 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street has been rescheduled to: May 17, 2007 at 6:00 PM City Hall Annex, Room 313, 120 Washington Street 0 This rotic'o P000 oil Tir rrl_S y N ►t� �� ,!� a�, APR 2 7 2007 d///JJJ �� 1.20 WASHINGTON STREET, SALEIN,MASSACH]Mrrs 01970 s TEL:978.745.9595 Fra: 978.740.0404 e www.SALs V.M,,i «i_"1. iia " /II L,LCITY OF SALEM h( 5 OFFICE CONS:ERVAI ON COMMISSION NOTICE OF SPECIAL MEETING You are hereby notified that the Salem Conservation Commission will hold a special meeting on Monday, May 14, 2006 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Agenda: 1. Request for Amendment—DEP #64-400-10 Blaney Street Salem Ferry Pier. Installation of aboveground water, shore power and fuel station. • THIS n0flf Q PO 90 �,ltss Hail + r �4Y ;oc aj r, E1�"I e;t • • Salem Conservation Commission Minutes of Special Meeting Date and Time: Monday May 14, 2007, 6:00 p.m. Meeting Location: Third Floor Room 311, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, David Pabich, David Summer, Amy Hamilton, Michael Blier, Keith Glidden, Joseph Furnari Members Absent: Others Present: Carey Duques, Conservation Agent Recorder: Carey Duques, Conservation Agent Chairperson Cornacchio calls the meeting to order. 1. Public_Hearing: Request for an Amendment—DEP #64-400- Vine Associates representing the City of Salem 93 Washington Street, Salem, MA 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this meeting is to discuss the installation of above ground water line, shore power, and fuel station at the City's ferry pier located at 10 Blaney Street. • Cornacchio introduces Bill Walker who represents the Salem Ferry and Susan St Pierre of Vine Associates. St. Pierre explains that the ferry currently fuels at Quincy each morning. She describes the proposed above ground fuel line as shown on the submitted plans, which will run along the underside of the ferry pier down to the docking area of the ferry. St. Pierre explains that the line will be used to convey fuel from a fuel truck which will deliver fuel to the ferry on a daily basis. A fuel overflow tank is proposed to collect any overflow fuel that remains in the fuel line. St. Pierre explains that there will be no excavation during the installation of the fuel line, everything will be done above ground. She explains that a waterline will also be installed as well as electrical conduits, as noted on the plan (located along the northeastern portion of the site). Walker explained that the ferry burns about 1200 gallons of fuel a day. Currently he obtains fuel each morning from a location in Quincy, which takes time and fuel to go down and back before the first trip with passengers from Salem to Boston. The fuel line would be more convenient and would allow the ferry to operate more efficiently. Walker explains that skill kits are located on the ferry dock and as well as a boom that can extend around the entire ferry. St. Pierre explained that the overflow tank located on the land would be placed on a concrete slab. She mentioned that during the site visit there were questions about bollards or jersey barriers that could be placed in front of the tank to protect it from • potential damage from vehicles. Conservation Commission Meeting Minutes May 14, 2007 Page 2 of 3 Cornacchio agreed that jersey barriers or granite blocks should be placed in front of the • tank to protect them from potential damage. David Pabich questioned if the fuel line will be drained or flushed and Walker agreed that the line should be flushed at least once a year to confirm it's operating properly. Pabich questioned the type and size of the fuel line and Walker replied that it will be a 2 inch galvanized steel line. Cornacchio stated that the fuel truck will have to be grounded when it delivers fuel to the ferry. He also questioned how the ferry and truck operators will communicate with each other during delivery. Walker replied they will use walkie talkies. Cornacchio stated that Material Safety Data Sheets shall be available for the fuel and other potentially hazardous material on site. Pabich questioned if there are shut off valves at various points along the fuel line. St. Pierre confirmed there are and pointed to them on the plan. Pabich questioned if the valves are tamper proof/ lockable. Walker replied that they are. Pabich mentioned concerns discussed at the site visit which included having the truck park on impermeable surface as opposed to permeable surface. He recommended stripping or clearly identifying the area where the fuel truck is supposed to park during deliveries. • Cornacchio requested that the applicant develop a check list for the driver of the truck and the ferry to fill out and sign. He suggests something similar to what's listed on the site utility plan. Once complete the draft checklist shall be submitted to the agent for approval on behalf of the Commission. Walker states that there are regulatory inspections that must be made on the fuel line including those made by the fire department. Cornacchio opens the meeting up to the public. Claudia Guber, 3 White Street, questioned how long the fuel trucks would be on the pier. Walker replied that fueling usually takes 20 minutes. She questioned if the trucks would be running and Walker replied that they would be. Mike McLaughlin, 3 White Street, questioned if the trucks are loud. Walker replied that they shouldn't be. Walker welcomed feedback from the abutters once the fuel line is installed and the trucks start to deliver fuel. Pabich: Motion to close the public hearing, seconded by Summer. (Passes 7-0) The Commission discussed the following special conditions: • The fuel lines shall be cleaned and inspected at the beginning of each season. • Material Safety Data Sheets (MSDS) shall be available in the spill kits located • on the float and in the fuel delivery truck. f Conservation Commission Meeting Minutes May 14, 2007 Page 3 of 3 • The area where the truck will deliver the fuel shall be striped and clearly • marked. A checklist shall be developed and approved by the Conservation Agent or the Conservation Commission. • The approved checklist shall be completed by the truck driver and the captain each day to confirm that the necessary steps are taken each day, see attached checklist. • Granite blocks shall be placed in front of the fueling storage tank to protect it from accidentally being damaged by vehicles. • Signage shall be installed noting no smoking, no open flames, etc, per the state regulations in regards to fuel storage and delivery. Pabich: Motion to issue an Order of Conditions with the aforementioned Special Conditions, seconded by Summer. (Passes 7-0) The meeting is adjourned at 6:30 p.m. • • CITY OF SALEM c „r .Lr'l, 1`1A lk" �j C � ,I 5 OFFICE •9n�9�MINI;�� CONSERVATION COMMISSIb 2001 KAY I I A 11: 31 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,May 17,2007 at 6.00 pm at CityHall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—April 26,2007 2. Public Hearing—Request for Determination of Applicability— City of Salem 93 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the removal and replacement of all existing rails and posts up to and including the bridge, located within the buffer zone of a coastal bank, land subject to tidal action, located at the Salem Willows Pier. • 3. Public Hearing—Request for Determination of Applicability— City of Salem 93 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the removal of sediment and debris from a stormwater outfall pipe and surrounding area located within a salt marsh and buffer zone to BV W at outfall adjacent to Monroe Road. 4. Public Hearing—Request for Determination of Applicability— City of Salem 93 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the removal of vegetation along the railroad right of way, as well as sediment and debris from a stormwater outfall pipe and surrounding area, located within the buffer zone of BV W at Rosie's Pond and land adjacent to Canal Street. 5. Continuation of a Public Hearing—Notice of Intent—DEP #64-446—Groom Construction, LLC 96 Swampscott Road, Salem, MA 01970. The purpose of this hearing is to discuss the installation of a demonstration residential-scale wind turbine located within a Riverfront Area and buffer zone to BV W at 96 Swampscott Road. 6. 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. 7. Continuation of a Public Hearing— Notice of Intent—DEP #64-447—MRM Project Management,LLC,9 Abbott Street Beverly,MA 01915. The purpose of this hearing is to discuss the • removal of debris and invasive vegetation from the site, construct test pits and install borings to characterize subsurface conditions, conduct limited site re-grading and stabilization work, and locate and remove two underground storage tanks. The proposed work will occur within Riverfront Area, This nodes posted on "Official RIlitettn 5088 " _ Ctly Hall Salem, Mass. on "h),y il, �c'l at 11:31 14 o1 in accordailoe th Chap. 39 Sec. 23A • 238 of M.G.L. OF /ALL ' (Irk • land subject to coastal storm flowage,and buffer zone to coastal bank at 64 Grove StreeY.L L K'S 0 F F I C E 8. Public Hearing—Notice of Intent Samuel Papalardo, 6 Dearborn Lane, Salem, MA 01970. The purpose of the hearing is to discuss the construction of a 36 foot long x 4-foot $c pier with associated wooden access stairs, a 40-foot long gangway and 12-foot x 20-foot float�tNIrWrnA H:: -3,1 Lane. 9. Public Hearing—Request for Determination of Applicability—Diane and Peter Haywood Winter Island Yacht Yard, Salem, MA 01970. The purpose of this hearing is to discuss repairs to an existing rip rap slope within Buffer Zone to a Coastal Bank, and Land Subject to Coastal Storm Flowage at 3 A Winter Island Road. 10. Old/New Business Presentation regarding construction equipment stored along North River—adjacent to HMA. • Discussion on 26 Hardy Street—illegal stairway leading to water. • Discussion of vegetation removed along North River Request for a Certificate of Compliance DEP#64393 Palmer Cove Yacht Club • Review of Revised Plans—DEP#64439 and#64438 Lots 29 and 30 Sub-Division off of Marlborough Rd. • • r e,,rowuT,t�o " CITY OF SALEM , LLrl, r� a" f OFFICE,,r • � m 71N6CONSERVATION COMMISSION 1K��??' 1YI8 'A1I, O0 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, May 24, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. 4 Vs K__'� Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes---April 26,2007 and May 17,2007 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. 3. Continuation of a Public Hearing—Notice of Intent—DEP#64-447—MRM Project Management,LLC,9 Abbott Street Beverly,MA 01915. The purpose of this hearing is to discuss the removal of debris and invasive vegetation from the site, construct test pits and install borings to characterize subsurface conditions, conduct limited site re-grading and stabilization work, and locate and remove two underground storage tanks. The proposed work will occur within Riverfront Area, land subject to coastal storm flowage, and buffer zone to coastal bank at 64 Grove Street. 4. Public Hearing—Request for Determination of Applicability—Aquatic Control Technology representing the City of Salem,57 Ome Street Salem,MA. The purpose of the hearing is for a determination of work related to an aeration and chemical treatment at Sargent and Fountain Ponds. 5. Public Hearing—Notice of Intent—Mark & Sandra Connelly, 26 Hardy Street, Salem, MA 01970. The purpose of the hearing is to discuss the installation of a stairway from the seawall to the mudflats located within coastal bank and land under the ocean at 26 Hardy Street 6. Public Hearing—Notice of Intent—Manuel Silva 121 Green Lane Middletown,RI 02842. The purpose of the hearing is to discuss the rebuilding of a camp residence,storage shed,and elevated walkway located with the buffer zone to Coastal Bank on Tinkers Island. 7. Public Hearing—Notice of Intent—Costa Sideridis, 2 Autumn View,Salem, MA 01970. The purpose of the hearing is to discuss the construction of a home, stabilization of a bank,planting and landscaping within the buffer zone to BVW at 12 Buena Vista Ave (West). • This notice posted on "r1 .i. i Bu etltt aot ° City. Hatt cM+F;ji, fit: . cn / v r co at in r Frtii1 ` sm i 8. 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 revised proposal for construction of residential and stormwater management facilities associated with a subdivision off Clark Avenue To be continued until June 14,2007. 9. Old/New Business • Explanation of work to occur at Brooks Street • Update on North River plantings along the banks • • Page 2of2 • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday May 17, 2007, 6:00 p.m. Meeting Location: Third Floor Room 311, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, David Pabich, David Summer, Amy Hamilton, Michael Blier, Keith Glidden Members Absent: Joseph Furnari Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Meeting Minutes: April 26, 2007 Duques states that the minutes are not yet available for review. Pabich: Motion to table the review of the minutes until May 24, 2007, seconded by Hamilton. (Passes 5-0) • 2. Public Hearing: Request for Determination of Applicability — City of Salem 93 Washington Street, Salem, MA 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this meeting is to discuss the removal and replacement of all existing rails and posts up to and including the bridge, located within the buffer zone of a coastal bank, land subject to tidal action, located at the Salem Willow. Mr. Thomas St. Pierre says that the Salem Willows Pier was damaged in the last storm but they have very little structural work to do except replace some the planks or turn over some others. He adds that some railings will be replaced, and that all of the underwater structure remains in tact and will require no work. Cornacchio asks if a contractor has been hired yet. St. Pierre states that North Shore Marine has been contracted. He adds that they declared the site an emergency and closed the area, and that some repairs have begun. He says that the total cost for repairs is estimated to be $130,000. Summer asks why he will turn over the planks. St. Pierre says that they will save about 30-40% of the repair costs and the old planks look • totally new on the other side. He adds that Mahi Mahi has contributed $10,000 to secure a new gangway. Conservation Commission Meeting Minutes May 17, 2007 Page 2 of 14 • Blier asks the strategy for the repair. St. Pierre states that they will salvage all of the materials and bring them in closer. Cornacchio asks if there is a way to keep the public off of any unrepaired areas. St. Pierre states that a barrier will be erected but will only be necessary for about 4-5 weeks. Pabich asks the type of wood being used. St. Pierre states that it is pressure treated and the new wood is the new pressure treated. Glidden arrives at 6:12 p.m. The members discuss a Determination. Pabich and Summer suggest a -2 Determination, and Cornacchio agrees. Pabich: Motion to assign a -2 Determination of Applicability to this location, seconded by Summer. (Passes 6-0) 3. Public Hearing: Request for Determination of Applicability — City of Salem 93 Washington Street, Salem MA 01970. • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the removal of sediment and debris from a stormwater outfall pipe and surrounding area located within a salt marsh and buffer zone to BVW at outfall adjacent to Monroe Road. Dick Rennard speaks about the work to be done on the pipe which moves stormwater from Loring Ave to Cleveland to Monroe. He states that this is general maintenance designed to clean out 45 feet from that pipe to enhance the flow. He adds that this area has not been maintained in 8-9 years and is now in dire need of repairs, causing back-ups into the Moffit and Station Road areas. Cornacchio asks Rennard to show the area. Rennard shows a photo of the area, and states that he took out a dump truck full of sand from an upstream Vortechnic chamber already today. Pabich asks if it was ever cleaned out prior to this. Rennard says that he has only been involved in the project since 2006 and it has been cleaned out every year since then. Duques clarifies that this will only involve sediment removal and they could take out a dead branch or anything else that might impede the flow. • Cornacchio clarifies that they will stay within the 45' area. Conservation Commission Meeting Minutes May 17, 2007 Page 3 of 14 Rennard agrees that he will and he will come back to the Commission if he finds that he • needs to go any further. Duques asks where the sediment will go. Rennard states that he will put it on a truck and remove it from the site. Pabich states that it is an important project but the potential for this to go awry is great. He says that he is leery of this project because of what he sees on Harmony Grove Road, a site which was mishandled. He adds that this job would require getting a truck down into this area and he is afraid that something can go wrong. Much discussion ensues between Pabich and Rennard about a previous project. Duques asks if the Commission could have a site visit. Summer asks if they can only set a Negative 3 Condition. Duques states that Mosquito Control once did this job as a maintenance issue. Much more discussion ensues. Duques asks how long it will take. • Rennard states that it would take one day, possible two and all of the equipment will be removed at the end of each day. Cornacchio asks for Rennard's assurance that he will put his time in there to watch it. Rennard assures Cornacchio that he will do that, and that he will instruct the workers. Glidden states that he has no problem with a -3 Determination with conditions provided the project is overseen by Duques and Rennard. Rennard vows that he will take out no more than required to get this area back to a natural state. Pabich states that it is standard practice to see plans from all applicants. Cornacchio states that he would take more precautions on some contractors than others, but he is comfortable with Rennard's record. Summer states that he is comfortable with the -3 Determination with conditions. Duques says that she can work with Rennard to pull together an operations and maintenance plan for this area. • Pabich suggest putting together a list of standard operation procedures that the Commission could refer to. Conservation Commission Meeting Minutes May 17, 2007 Page 4 of 14 • Cornacchi reads a letter into the record from Fred Votta in favor of the project. (See attached letter.) Ward 7 City Councilor Joseph Okeefe of 28 Surrey Road speaks in favor of this project stating that it is much needed. He says that it will cost over $300,000 to fix the pipe from Moffit Road to here, and that Moffitt Road had 3' of stormwater from this failed pipe. He requests that the Commission grant this request. Pabich asks if they will inspect the pipe up stream. Rennard says that he has already done this and they cleaned it out from 31 to 37 Station Road. City Councilor Okeefe states that the vortex was never cleaned to his knowledge. City Councilor Lovely speaks in favor of this project. City Councilor Pelletier speaks in favor of this project and asks that the Commission to approve it. Cornacchio opens the subject to the public for comments. Tim Boucher of 3133 Station Road states that in May he had 3 feet of water in his yard. He asks the Commission to approve this project. Duques states that the Determination is good for 3 years, and recommends that Rennard pull together an operations and maintenance plan for any future work needed on this site. Pabich and Blier agree with this suggestion. Pabich states that he is not comfortable approving this request because it is not procedurally correct. He adds that he knows that this site is a problem but he is concerned about not following procedure. Glidden says that he doesn't feel comfortable allowing them to go in at any future point without notice. He states that the City must be informed every time this area requires more work. Pabich suggests the use of silt curtains to prohibit the silt from flowing downstream. Duques notes this point in the conditions. Cornacchio suggest the Commission restrict the job to 45' from the outflow pipe. Rennard agrees that he will work 45 feet from the outflow pipe and approximately 2 feet down from the pipe bottom, and the crew will have the required DEP equipment such as • spill kits. He agrees to develop a list of procedural action items for this job. Conservation Commission Meeting Minutes May 17, 2007 Page 5 of 14 • Pabich states that the weather is a factor, and the work should not be done during a wet seasons. Duques notes this suggestion with the conditions. Summer suggests adding the condition that the contractor and Duques will be on site. Duques notes this point with the conditions. Glidden: Motion to issue a -3 Determination of Applicability with conditions, seconded by Summer. (Passes 6-0) 4. Public Hearing: Reauest for Determination of Applicability — City of Salem 93 Washington Street, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the removal of vegetation along the railroad right of way, as well as sediment and debris from a stormwater outfall pipe and surrounding area, located within the buffer zone of BVW at Rosie's Pond and land adjacent to Canal Street. Rennard states that this will be general maintenance in the area adjacent to Canal Street at Tulip Street. He says that they will clear the path to the outflow pipe at Rosie's Pond and during low tide, inspect that pipe and if it needs to have sediment removed He will • have it removed. City Councilor Pelletier states that he brought this issue to Rennard's attention because there is currently no access to the outflow pipe. He asks that Pabich be recused from this discussion because he was working for CDM when this pipe was installed. Cornacchio recuses Pabich from this discussion. Councilor Pelletier states that there is no record of this pipe and no As-Built plans. He asks the Commission to approve this project. Rennard states that there are plans to inspect that pipe and if needed they could open the front of the outflow pipe. Summer asks about the vegetation in that area. Rennard states that there are River Birch saplings (gift seeds from the larger trees) and grass and thorny roses. Pabich asks to be included back into this conversation and Comacchio agrees. Pabich says he knows a little bit about this site. He describes in detail the site of the pipe and asks if they want to clear all the way to the pond. • Rennard states that he does not wish to clear all the way to the pond, only in front of the Conservation Commission Meeting Minutes May 17, 2007 Page 6 of 14 outflow pipe. He adds that this job is not as critical as the Monroe area and they will protect it with all of the hazmat materials and spill kits. Pabich states that the pipe was only supposed to provide outflow from a major surcharge from a storm and not flow on an ongoing basis. Ward 5 City Councilor Matt Vino states that he has been working closely with the south river basin and the Rosie's Pond bypass is critical to the flood control in this area and it needs to be inspected and cleaned on a regular basis. He asks the Commission to approve this project. Pabich describes the current outflow to Rosie's Pond and provides some history of work in the area. He encourages Rennard look into the three small pipes on the site which were there before CDM installed the large outflow pipe. City Councilor Lovely speaks in support of this project. Glidden: Motion to close the public hearing, seconded by Summer. (Passes 6-0) Duques recommends a -3 Determination of Applicability with conditions Summer: Motion to issue a -3 Determination of Applicability with the same conditions as the Monroe Road project, seconded by Glidden. (Passes 6-0) • S. Continuation of a Public Hearing: Notice of Intent — DEP #64-446 — Groom Construction, LLC 96 Swampscott Road, Salem MA 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the installation of a demonstration residential-scale wind turbine located within a Riverfront Area and buffer zone to BVW at 96 Swampscott Road. Susan St. Pierre represents Groom Construction. She says that the applicant wishes to install a residential scale wind turbine on the facility. St. Pierre states that the noise level produced by these turbines is comparable to the noise from an air conditioning system, and about $10,000 in energy credits can be received with the use of this structure. She suggests that the members access the website at www.skystreamenergy.com for information on the technical capabilities of the wind turbine. Duques says they can set a condition pending approval from ZBA. Pabich: Motion to close the public hearing, seconded by Glidden. (Passes 6-0) Glidden: Motion to issue an Order of Conditions pending ZBA approval with the following recommendations: (1) stage the equipment from the hot top, (2) install hay bales, and (3) immediately remove all soil from the resource area, seconded by Hamilton. (Passes 6-0) • 6. Continuation of a Public Hearing: Notice of Intent — DEP #64-426 — A & H Auto Exchange Inc., 15 Robinson Road, Salem, MA 01970. Conservation Commission Meeting Minutes May 17, 2007 Page 7 of 14 . Cornacchio reads the legal public hearing notice which states that 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. Cornacchio reads a letter requesting a continuation from S P Engineering President, Bruce Pool Summer asks Duques if the Commission had determined at the last meeting that this application would no longer be continued. Duques states that is true, but she has spoken to the property owner who has described his troubled financial situation, and she spoke with Gary Bogue DEP who felt that a denial would leave the issue in DEP's hands which would not be ideal. She recommends that the Commission hear them next Thursday on May 24, 2007, and find a way to phase the project in order to protect the resource area. The members complain about the way that this issue is being strung out. They express frustration with the many continuances being issued for this application. They discuss their options with this property. Cornacchio suggests that they have the work that they do bonded. He suggests writing them a letter stating that the Commission is leery of approving this project given the • history. Glidden adds that the letter should specify that the Commission wants the information that they have wanted from the beginning, and that the members are hoping that the owner's appearance will provide this. He adds that the letter should then advise the owner of the action that the Commission would take if he fails to provide the required information. Cornacchio asks Duques to send Mr. Pool this notice in the form of a certified letter and as email. Glidden: Motion to continue this public hearing until May 24, 2007, seconded by Pabich. (Passes 6-0) 7. Continuation of a Public Hearing: Notice of Intent — DEP #64-447 — MRM Proiect Manaoement, LLC, 9 Abbott Street Beverly, MA 01915. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the removal of debris and invasive vegetation from the site, construct test pits and install borings to characterize subsurface conditions, conduct limited site re- grading and stabilization work, and locate and remove two underground storage tanks. The proposed work will occur within Riverfront Area land subject to coastal storm flowage and buffer zone to coastal bank at 64 Grove Street. Cornacchio reads a letter requesting a continuance from Griffin Engineering. Conservation Commission Meeting Minutes May 17, 2007 Page 8 of 14 Duques states that she spoke to Griffin today and told him that she wanted them to come • in and he said that he had not been given sufficient time. The members discuss the current condition of the property. Pabich states that this site has been completely unprotected from the day of the site visit. He suggests levying fines. Blier agrees with Pabich. Duques states that she felt that Griffin didn't want to talk to her today, and he was not pleased with her comments and asked to speak to Cornacchio. Glidden states that he agrees with Pabich on the subject of levying fines. Duques expresses concern with imposing fines effective April 29 because it is a Sunday and there is not adequate time to respond. Pabich states that the fines should begin no later then Tuesday, May 1. Duques states that we could levy fines effective May 1, 2007. Much discussion ensues about the effective date for the fines. Duques states that this is a riverfront area which was mostly undisturbed for many years and now it has been highly damaged and altered. Hamilton asks if they have and LSP. Duques states that they do. Glidden suggests that the letter state that they should appear before the board to discuss a remedy to the situation and discuss the fines. Duques asks if she should include notes from the site visit. Glidden says that she should state what actions were not performed and emphasize that MRM never made any attempt to do anything at all. City Councilor Prevee states that he was at the site visit, and observed Mr. Griffin's reluctance to acknowledge the problems on this site. He speaks in favor of levying fines. Ward 7 City Councilor Joseph Okeefe, says that he is a former State Fire Marshall retired, and suggest that they bring the specifics of this issue to Fire Chief Cody, and that there are abandoned underground storage tanks with product enclosed. He adds that the state requires that all tanks be removed along with ancillary items and the product. is Duques states that the notice of intent mentions that this is what they wish to do. Conservation Commission Meeting Minutes May 17, 2007 Page 9 of 14 Councilor Okeefe requests that MRM provide characteristics of the soil all around the • property and analyze the pipes. Wilfred Gallien of 3 Gerald Road, Marblehead asks what the highest fine is that the Commisiion can levy. Cornacchio says that it is $200/day. Gallien says that it should be $1000/day. Jim Treadwell 36 Felt Street states that there were residents at this meeting that left when they heard that this issue was being continued. He adds that the disrespect for the Commission reflects the disrespect for the citizens of Salem. Cornacchio says that we will send a letter imposing fines effective May 1, 2007. Glidden: Motion to continue until May 24, 2007, seconded by Hamilton. (Passes 6-0) S. Public Hearing: Notice of Intent — Samuel Paoalardo, 6 Dearborn Lane, Salem, MA 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a 36-foot long x 4-foot deck pier with associated wooden access stairs, a 40-foot long gangway and a 12-foot x 20-foot float at 6 Dearborn • Lane. Samuel Papalardo of 6 Dearborn Lane distributes the plans for this project and a list of abutters, and states that he will come off the retaining wall at the back of his property with the steps coming down to a 4' wide deck pier. Glidden asks if a special permit is required from the ZBA. He wishes to make sure that the Commission approves something that will be approved. Cornacchio asks about the tubes at the base of the stairs. Papalardo states that they will be driven in. Pabich asks how they will be driven. Papalardo says that he will hire a company with power drivers. Pabich suggest permitting this as though there will be no disturbance and then if there has to be a disturbance he will have to come back. Glidden asks if the footing will be hand dug. Papalardo: Yes • Glidden suggests that they condition that the barge be located outside of the salt marsh. Conservation Commission Meeting Minutes May 17, 2007 Page 10 of 14 • Cornacchio says he would like an answer to this question. "Can the concrete pumper reach the sonotubes?" Duques states that he wants info about the reach of the boom. Pabich states that he may need a proper railing. He adds that he wants to know the diameter and depth of the sonotubes. Duques asks about the environment at the site. Papalardo states that it is all sand. He adds that the railing is 42" high. Jim Treadwell of 36 Felt Street asks about the purpose of the right-of-way or easement and if Mr. Papalardo would make it clear that there is public access to Ropes Point. He adds that he would like to go on the site visit. Papalardo states that it is not a public right-of-way but there are deeded beach rights only to certain neighbors. Duques asks if he has received a letter from the Dept of Marine Fisheries. Papalardo says that he has and presents some letters to Duques. He adds that there is no DEP number yet. • Cornacchio suggests scheduling a site visit and states that he wants a DEP fine number before the visit on June 14, 2007 at 4:30 p.m. Councilor Paul Prevey requests to attend the site visit and Cornacchio agrees. Hamilton: Motion to continue this public hearing until June 14, 2007 at 6:00 p.m. with a site visit on the same date at 4:30 p.m., seconded by Summer. (Passes 6-0) 9. Public Hearing: Reauest for Determination of Applicability — Diane and Peter Haywood Winter Island Yacht Yard, Salem, MA 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss repairs to an existing rip rap slope within Buffer Zone to Coastal Bank, and Land Subject to Coastal Storm Flowage at 3 A Winter Island Road. Property owner Peter Haywood states that he needs to excavate 2 feet on the inward side of a retaining wall and reslump. Duques states that they originally considered this an emergency project but after visiting the site decided it would be a RDA. Cornacchio asks if he still has a concrete person available. • Haywood: Yes Conservation Commission Meeting Minutes May 17, 2007 Page 11 of 14 • Cornacchio states that he didn't notice much debris. Haywood agrees that maybe some 3 inch stone pulled out into the water. He adds that the concrete will be poured in a way that it will not flow much but will move down and stay there. Duques states that this should be a -2 Determination of Applicability. Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 6-0) Glidden: Motion to issue a -2 Determination of Applicability, seconded by Summer. (Passes 6-0) Cornacchio reads the -2 Determination of Applicablity for the record and states that there are no conditions on this because it is a -2 Determination. Old/New Business 10. Presentation regarding construction eguiument stored along North River adiacent to HMA carwash. Duques states that she received a call from a citizen that wishes to submit a petition. • Wilfred Gallien of 3 Gerald Road, Marblehead shows pictures to the members and states that he has been going over this bridge for the last 20 years. He states that this equipment will never be used again, and it is junk. He adds that nobody seems to have the power to do anything about it. Gallien says that this equipment creates a home for people who live there. He acknowledges that this Commission is the only body that has the authority to tell the property owner to get this equipment cleaned up immediately. He requests that the Commission take prompt action to clean this up. Councilor Prevey says that this falls within Ward 6 and it is the gateway to Salem. He states that this property belongs to Mr. Burnham who, when asked said that he has some downtime and will try to move it or deal with it. Glidden says that there is little that the Commission can do. Pabich suggests that this issue be brought to the attention of the Bureau of Solid Waste management. Duques says that they could use it as a health issue, and getting DEP involved with it would help. Much discussion ensues about the options for dealing with this site. Glidden asks if this property is on the market. • Councilor Prevey states that he believes that the owner is working with some adjacent Conservation Commission Meeting Minutes May 17, 2007 Page 12 of 14 property owners in collaboration to sell a number of properties in this area to a developer. • Glidden states that we could potentially see a resolution to this in the longterm and any action that the Commission takes might deter or discourage anyone from purchasing this property. Councilor Okeefe suggests that you call Mr. Burnham and tell him that you are coming to look at it. Summer states that it might be a public right-of-way and something could be done regarding a nuisance. Jim Treadwell of 36 Felt Street states that the HMA carwash and Junkyard are the properties that are singled out for purchase by a developer. He asks the Commission to take action to rectify this situation. Gallien states that this is garbage dump. Cornacchio states that fines were issued 10-12 years ago and he never paid them. Glidden states that we need to ask DEP to look into this. Councilor Vino encourages the board in the direction of action against this property owner. • Councilor Okeefe says that Mr. Burnham is on the Harbor Development Committee and suggests issuing a fine and if he fails to pay it then he won't be allowed to stay on the committee any more because that is a condition of participation. Cornacchio asks Duques to research minutes from 9-10 years ago to see the previous actions taken with this property, and to send him a letter advising him of a site visit on June 14, 2007 at 4:00 p.m. Summer suggests placing a lien on the property so if he sells the property the City will get that money. Jim Treadwell of 36 Felt Street speculates that he might have been put on the Harbor Development Board for some reason. He wonders who appointed him to the board. Councilor Okeefe states that he wishes to go on record saying that he is the one that recommended Mr. Burnham to that Harbor Development Committee. Cornacchio reviews the Commissions actions which include: 1. Issue a letter announcing site visit. 2. Question the DEP regarding the history of this property. 3. Use a global approach with the mayor and some other boards to resolve this issue. • Treadwell states that the flag on the island at HMA is the extent of the public land. I Conservation Commission Meeting Minutes May 17, 2007 Page 13 of 14 11. Tinkers Island Homeowner's Association • Ward 7 City Councilor Joseph Okeefe says that he is on the Committee on Ordinances, Licenses, and Legal Affairs, and is working on a new land lease with the Tinker's Island Homeowner's Association because their lease with the City has expired. Councilor Okeefe states that there is a dispute between a resident and members of the homeowner's association. He adds that the people on the island do not want this individual to build a house there and the pilings have already been poured. He says that he and others wish to go out to the island when the Commission goes there to see what to do about the license for the Tinkers Island Homeowners Association. Duques states that Mr. Silva is on the agenda for the next meeting and a site visit will be scheduled then. Duques states that there has been correspondence and he has the right to build out there from a zoning perspective. She believes that he owns rights to the property, but the City owns the property. She assures Councilor Okeefe that he can attend the visit to Tinker's Island. 12. Discussion on 26 Hardy Street — illegal stairway leading to water Duques states that the owner of this property will be coming before the commission next week, and that they have already blocked the stairway. • 13. Discussion of vegetation removed along North River Duques states that the City received approval to remove dead vegetation and trash and the workers cleared more than they should have. She adds that the person from DPW started pulling everything out and encouraged his people to pull everything out, including railroad ties, and the banks crumbled. She says that Chris Tighe oversaw the Salem section and the work has been stopped, but on the Peabody section they removed all of the rocks and threw them to the sides. Duques states that she went there today with Barbara Warren who is now happier with the situation and, in the future, if something is buried they are leaving it there and flagging it, and if they have to cut any vegetation they will just weedwack it. She states that there is no need for any enforcement order from the City yet but to have him do some fast growing seed. She says that the crew is a part of a career work program from Lawrence. Pabich states that the existing grass grows so fast that it will not be necessary for the fast growing seed to be put there. He adds that the existing grass will be too high by the time the City can mobilize crews to do any plantings there. Councilor Prevey says that he noticed a Peabody clean up crew was there yesterday. Duques states that they want to do a similar project on Brooks Street and the scope is removing dead vegetation and trash and debris. 14. Request for a Certificate of Comoliance — DEP #64-393 Palmer Cover Yacht Conservation Commission Meeting Minutes May 17, 2007 Page 14 of 14 Club • Duques states that this was filed in 2005 and they have a new seawall, new pilings, and crossbraces. She adds that there are no outstanding conditions, and recommends that the Commission issue a Certificate of Compliance. Cornacchio states that it looks very good. Pabich: Motion to issue a Certificate of Compliance for DEP #64-393, seconded by Glidden. (Passes 6-0) 15. Review of Revised Plans — DEP #64-439 and #64-438 Lots 29 and 30 Sub- Division off of Marlborough Road Duques states that they built the walls and that Mr. Di Biachi is looking for approval. Glidden: Motion to grant a notice of project change with the new plans, seconded by Blier. (Passes 6-0) Glidden: Motion to adjourn, seconded by Hamilton. (Passes 6-0) The meeting is adjourned at 10:00 p.m. • i • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday May 24, 2007, 6:00 p.m. Meeting Location: Third Floor Room 311, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, David Pabich, David Summer, Amy Hamilton, Michael Blier, Kieth Glidden Members Absent: Joseph Furnari Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Meetina Minutes: April 26, 2007 and May 17, 2007 Duques states that the April 26, 2007 minutes are not yet available for review. Summer: Motion to table the review of the April 26 minutes until June 14, 2007, seconded by Hamilton. (Passes 5-0) • The members review the May 17, 2007 minutes and suggest amendments. Pabich: Motion to approve the amended minutes for the May 17, 2007 meeting, seconded by Summer. (Passes 5-0) 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-426 — A & H Auto Exchange Inc, 15 Robinson Road, Salem, MA. Cornacchio reads the legal public hearing notice which states that 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. Cornacchio reads a letter into the record from Mr. Poole of A & H Auto in which he withdraws without prejudice his Notice of Intent. Cornacchio states that the DEP will take over the project. Duques agrees that this is the case, and that the Commission was not invited to sit in on a meeting. She adds that the Commission still has permission to go onto the site and report any violations to the DEP. • Glidden expresses concern about the recent changes in the topography. Summer asks if it should be documented with a letter. Conservation Commission Meeting Minutes May 24, 2007 Page 2 of 10 • Duques states that it seems like it was more about water quality. Pabich asks if the DEP is looking at it as if it is two different issues. Duques: Yes. Pabich states that he now wants to look more closely at this because of the significant runoff. Duques agrees to write a more formal letter referencing the Commission's concerns. She adds that she had called the DEP continuously to get guidance, and when Elizabeth Sabounjian got involved she asked why there was an NOI. She says that it was an error on the part of the DEP. Glidden says that it is not uncommon for regulatory agencies to make this kind of error. He expresses disapproval for this measure because of"the obvious concerns that we have on this site". Pabich suggests writing them and watching them and levying fines if necessary. Glidden agrees. Cornacchio reviews that the Commission should send the DEP a letter to have the • Commission's concerns on record. Pabich says that it must be articulated that the Commission's concern is different from the DEP's concern. Glidden questions if the DEP is saying that those piles of materials on top of the hill were not in the original consent order, or that the piling of the soils is not a solid waste management issue. Pabich states that in their mind it is not a waste issue. Glidden asks Duques to scan the Administrative Consent Order and email it to him. Glidden: Motion to accept their withdrawal without prejudice, seconded by Summer. (Passes 6-0) 3. Continuation of a Public Hearing — Notice of Intent — DEP #64-447 — MRM Proiect Management, LLC, 9 Abbott Street, Beverly, MA 01915. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the removal of debris and invasive vegetation from the site, construct test pits and install borings to characterize subsurface conditions, conduct limited site re- grading and stabilization work, and locate and remove two underground storage tanks. The proposed work will occur within Riverfront Area, land subject to coastal storm flowage, and buffer zone to coastal bank at 64 Grove Street. Conservation Commission Meeting Minutes May 24, 2007 Page 3 of 10 • Bob Griffin of Griffin Engineering represents MRM and provides an overview of the proposed activities at the site. He states that there is a 21E process ongoing at the site for clean-up of items left by the previous owners. He adds that the applicant wishes to remove 2 underground storage tanks, open an entrance to Harmony Grove Road, install a filter, and re-grade one area of the site while holding the existing terrain and sloping it slightly toward the RR tracks. He explains that a site walk on April 28, 2007, with the commission identified 7 additional work items, some of which have been completed. Griffin says that they have researched the white pipe on the property and found evidence that an effort was made in the 1990s to remove discharges into the river. He adds that the white pipe was removed about a year ago so there is no direct connection from this low spot to the river. He says that rip rap was installed at one area near the canal so it will no longer be susceptible to erosion. Griffin states that they feel that the assessment of fines is unfair, because they have tried to be diligent and have made some progress but it seems that it would not be feasible to complete the entire list in this short timeline. Glidden disagrees with Griffin stating that there was a specific mention of Monday for putting in hay bales and the silt fence. He adds that that is the easiest thing to do and probably the most important, and yet the silt fences were not in when the Commission issued the letter. • Griffin says that is not true, and that he thinks that the installation of the silt fence is more than necessary because the hay bales should be adequate. Glidden advises Griffin that he is arguing the request. Griffin says that we did not receive any significant rain until the 15`h or 16th of May. Glidden says that the attitude that has been taken has caused the Commission members to deem that their request has been slighted and then ignored. He states that the Commission is not getting any compliance from the applicant. He explains that other applicants usually come forward and fulfill every single request that the Commission has. Griffin says that the Commission did not have complete information at the last meeting and decided to levy fines based on incomplete information. Pabich states that he went out there on the day of the previous meeting there were 4 hay bales and some silt fence around the drainage pipe. He reminds Griffin that he was instructed to use his best efforts to secure the runoff in that area. He questions whether Griffin feels that the 4 hay bales are adequate. Much discussion ensues about the actions taken before the previous meeting. Robert Hubbard, the applicant, gets involved with the discussion. There is a difference of opinion about the actions taken. Hubbard expresses frustration with the disagreement that the . two parties are having. Conservation Commission Meeting Minutes May 24, 2007 Page 4 of 10 Blier states that he appreciates Hubbard's comments, but expresses disapproval with the tone of responses that the Commission has received. He cites and example of a lengthy and unproductive exchange about the white pipe during the site visit. Glidden states that the applicant is in one of the most important resources areas which gets the most respect. He adds that the Commission was seeing resistance and the most basic tool was not being done first, and because of that, assumed that the applicant felt that he did not need to do this. Hubbard states there were no outside activities done until his foreman knocked over those trees. Glidden asks if they knew that the pipe did not go to the river when they began their activity. Griffin: No. Hubbard speaks at length about the many investigations which went into that pipe and the drainage to determine if there was runoff into the river. He states that any investigations by Griffin and the LSP have shown that there is nothing going into that river. Glidden asks Duques how many fines have been assessed. Duques states that she will have to calculate them. • Glidden says that he is willing to hold these fines in abeyance to see how the rest of this goes. He adds that he would like Duques to calculate the fines and they can be addressed at a later time. He states that the Commission has limited tools and limited ways to ensure that these things get done, which is why levying fines is necessary. He reiterates that a determination on the fines will be made at a later time. Pabich agrees with Glidden and states that during the site visit, the big question was "Are there pipes here which drain into the river?", and it was also asked to Attorney Handley. He says that if he had the answer to that question from the start, he would have felt comfortable. Hubbard explains the various regulatory plans that he has been working on stating that this has all been investigated very well. He describes the material on the site and states that it is not a hazardous site. He describes his plans for stabilizing the site so that it can stand on its own. Glidden asks about the encroachment by neighbors onto the property and some dumping. He asks if there will be any stabilization onto the slopes. Hubbard states that now that he has command of the property he will address people that dump material over the fence. He adds that the challenge is security. . Summer asks if Hubbard plans to stabilize along the edge of the property line where there are unstable slopes. Conservation Commission Meeting Minutes May 24, 2007 Page 5 of 10 • Hubbard says that he won't because the abutters have used a chain link fence to hold back the soil and when that fails, it will be the responsibility of the abutters to fix it. Hubbard speaks at length expressing frustration with the large amount of illegal dumping on his property. Pabich asks if they will be out of the water while doing the bridge abutment work. Griffin states that the work will take about one hour at each end and will be done during extreme low tide. Cornacchio opens up to the public. There are not comments or questions. Cornacchio asks about their plans for the underground tanks. Duques asks if they have both been located yet. Hubbard states that they have only found one. Summer asks about the giant tubes. Hubbard states that they will be removed. Duques asks about the procedure for locating the tank. Griffin states that they will start at the fill pipe and follow that back. Glidden suggests continuing this hearing for the certification of the bridge. Pabich states that the Commission was told that it would be used and he clarifies that if it is used at all it must be certified, and the building department must be involved. Duques asks about the re-grading of the soil pile. Griffin states that they will come back to the Commission to advise what they wish to move, the volume of such, and where they will place it. Cornacchio states that they could back-drag and fill and voids between those piles. Hubbard states that they have no plans to use the bridge at all and if they do they will make sure that it is structurally sound. Glidden states that he would like to make a motion to continue until the next meeting to fully calculate the fines and discuss them at the same time as the Order of Conditions. Summer asks how long it will take to do the re-grading. Griffin states that it will take a couple of months. Conservation Commission Meeting Minutes May 24, 2007 Page 6 of 10 Summer says that he thought that Glidden wanted to hold the fines in abeyance until the work is done. Duques clarifies the regulations in regard to the fine and the Order of Conditions. Glidden states that he is in favor of addressing a reduced fine but he needs to know more about the issues. Pabich and Cornacchio agree. Glidden: Motion to continue until the next meeting to determine the final Order of Conditions, seconded by Summer. (Passes 5-0) Pabich suggests that Hubbard communicate directly with the Commission members instead of going through any of his hired professionals. 4. Public Hearing — Reauest for Determination of Applicability — Aguatic Control Technology representing the City of Salem, 57 Orne Street, Salem, MA 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is for a determination of work related to an aeration and chemical treatment at Sargent and Fountain Ponds. • Dominic Meingolo, Senior Environmental Engineer for Aquatic Control Technology inc. explains that he is here to get approval for treating algae in these two ponds. He states that excessive algae are unsightly and unhealthy for the wildlife. He states that these ponds are on the cemetery property and totally under the control of the City. Cornacchio states that he is doing a good thing. Summer asks if they added any conditions with the other ponds. Duques says that they asked them to look at the runoff. She asks if he has any idea what is creating the algae. Meingol states that it is shallow and the water gets warm fast. He adds that there is an outlet on the north side of the Sargent Pond. Cornacchio states that this should be a Negative 2 Determination. Cornacchio opens to the public. There are no comments or questions. Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 6-0) Pabich: Motion to issue a Negative 2 Determination of Applicability, seconded by Glidden. (Passes 6-0) • Conservation Commission Meeting Minutes May 24, 2007 Page 7 of 10 S. Public Hearing — Notice of Intent — Mark & Sandra Connelly, 26 Hardy Street, Salem MA 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the installation of a stairway from the seawall to the mudflats located within coastal bank and land under the ocean at 26 Hardy Street. Duques states that the DEP number is 64-449. Mark Connelly states that he didn't realize that his grandfather never filed for any permit, and it had been taken down and he put it back not knowing that he needed to file for a permit. He states that there are no pilings because it just sits on the beach. Duques says they are concerned with other stairwells and docks. She asks Connelly if he plans to build a new stair. Connelly says that he would like to leave what he has. He adds that it is anchored into the seawall with anchor bolts. Cornacchio asks if he brings it up in the winter. Connelly says that he does not because the waves can just go through it. Cornacchio suggests a site visit. • Glidden asks if this is an as-of-right use or if he needs a permit. Duques says there is not a clear answer. Glidden asks for clarification as to whether it needs a building permit or a special permit. Duques agrees to check into that. Cornacchio opens up to the public. There are no comments or questions. Duques states that they need a Chapter 91. She offers to go there and take photos. Cornacchio and Glidden agree to a visit on Saturday, May 26, at 8:00 a.m. Summer: Motion to continue this public hearing until June 14, 2007, seconded by Pabich. (Passes 6-0) 6. Public Hearing — Notice of Intent — Manuel Silva, 121 Green Lane Middletown, RI 02842. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the rebuilding of a camp residence, storage shed, and elevated walkway located with the buffer zone to Coastal Bank on Tinkers Island. Conservation Commission Meeting Minutes May 24, 2007 Page 8 of 10 Cornacchio reads a letter into the record from Attorney Robbins in which a continuance • until June 28, 2007, is requested. Pabich: Motion to continue until June 28, 2007, seconded by Summer. (Passes 6-0) 7. Public Hearing — Notice of Intent — Costa Sideridis, 12 Autumn View, Salem, MA 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a home, stabilization of a bank, planting and landscaping within the buffer zone to BVW at 12 Buena Vista Ave (West). Duques states that the Order of Conditions expired while filing a NOI the Commission allowed them to work on the interior of the house, and they installed the Filtrex sock as the erosion control measure. Sideridis states that the Filtrex sock was installed last week. Cornacchio asks if they noticed any build up against it. Sideridis: No. The members review the plans while Duques explains that the new Notice of Intent is about the same as the original one. • Glidden says that the deposit of soil containing construction materials did not account for the trees on site and as a result buried the base of the trees, ultimately causing one to be damaged. Sideridis states they show the plans to remove the soil filled with construction debris on the plan as well as proposed re-grading and landscaping. Dan Tremblay, the contractor, states that there will be a 2-1 slope there, as opposed to the 1:1 that was proposed on the plan. Glidden asks what other plantings will be on the slope. Tremblay states that he wishes to seed that but he might place some other plantings there if possible. Blier suggest some low blueberry bushes. The members ask questions about the plans. Cornacchio requests a site visit. The members agree to Saturday, June 2, 2007, at 8:00 a.m. • Tremblay asks for permission to cut off the tree that fell. Conservation Commission Meeting Minutes May 24, 2007 Page 9 of 10 • The members agree that this will be fine. Cornacchio opens to the public. There are no questions or comments. Summer: Motion to continue this public hearing until June 14, 2007, seconded by Hamilton. (Passes 6-0) S. Public Hearing — Notice of Intent — DEP #64-434 — Town and Country Homes, 532 Lowell Street, Peabody MA 01960. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the revised proposal for construction of residential and stormwater management facilities associated with a subdivision off Clark Avenue. Cornacchio reads a letter into the record from Attorney John Keilty requesting a continuance to the next meeting. Summer: Motion to continue this public hearing until the next meeting, seconded by Glidden. (Passes 6-0) Old/New Business 9. Explanation of work to occur at Brooks Street • Duques states that she walked this property today with Dave McDonald of the North Shore Workforce Investment Board, and there is an area along Brooks Street that needs to be cleared. She adds that this will be good because the City got approval to build the berm and they already have the silt fence and hay bales in place for the construction of berm. Duques says that the brook has no vegetation that needs to be cut and little debris to be removed. Pabich asks about the entrance into the culvert. Duques states that there is some sand but it would need an RDA at the least. Pabich states that those culverts should be cleaned under Loring Avenue. Duques says that there is a pumphouse passed Jefferson Avenue heading back toward downtown Salem. Pabich says that the whole neighborhood should be protected by a set of berms and the pumphouse only handles the water that goes into that neighborhood, and the pumphouse only pumps water out over those berms. Duques says they don't need to get in there with weedwackers or clippers. • Pabich states that anything that can be done to remove debris in this area would be helpful. Conservation Commission Meeting Minutes May 24, 2007 Page 10 of 10 • Duques asks if we should have them go in the other direction toward Rosie's pond. Pabich says he thinks someone should check this area out. The members agree to allow this project to proceed with Duques' oversight. 10. Update on North River plantings alone the banks Duques says that she spoke with Dick Rennard who is waiting for Paul to get back and so nothing has been done yet. Glidden states that there was a miscommunication and we didn't give a checklist to the City. Duques says that it will cost over $1000 to hydroseed it and the other alternative would be to add hay bales. Blier states that it is too late to plant seed. The members agree that something has to be done about this exposed bank. They discuss some alternatives to hydroseed. • Glidden says he would like to see any plant life there that can stabilize it, and he thinks the DPW should make a plan and schedule for the plantings that should go there. Pabich asks if they can get a watering truck down there. Cornacchio says that they can. He asks Duques to try to get them to put some seed and hay bales there. 11. Rosie's Pond Meeting Schedule Duques reads a letter from Councilor Pelletier into the record. She states that there will be a meeting on June 25, 2007 about flooding concerns throughout the City. In the letter Councilor Pelletier asks that Pabich be recused from this discussion. The members discuss the opinion of Councilor Pelletier. Summer: Motion to adjourn, seconded by Blier. (Passes 6-0) The meeting is adjourned at 8:35 p.m. • conmr CITY OF SALEM ��tdreku ` CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, June 14, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Revised Agenda: 1. Meeting Minutes—April 26,May 17,and May 24 2. Public Hearing—Request for Determination of Applicability—Earth Tech 300 Baker Avenue Concord, MA 01742. The purpose of this hearing is to discuss the installation of a traffic signal located within flood zone A at the intersection of Bridge Street and the westerly ramp at North St.. • 3. Continuation of a Public Hearing—Notice of Intent—DEP#64-447—MRM Project Management,LLC,9 Abbott Street Beverly,MA 01915. The purpose of this hearing is to discuss the removal of debris and invasive vegetation from the site, construct test pits and install borings to characterize subsurface conditions, conduct limited site re-grading and stabilization work, and locate and remove two underground storage tanks. The proposed work will occur within Riverfront Area, land subject to coastal storm flowage, and buffer zone to coastal bank at 64 Grove Street. 4. Continuation of a Public Hearing—Notice of Intent—DEP #64-450—Samuel Papalardo, 6 Dearborn Lane, Salem, MA 01970. The purpose of the hearing is to discuss the construction of a 36 foot long x 4-foot deck pier with associated wooden access stairs, a 40-foot long gangway and 12-foot x 20-foot float at 6 Dearborn Lane. 5. Continuation of a Public Hearing—Notice of Intent—DEP#64-449 Mark&Sandra Connelly,26 Hardy Street, Salem, MA 01970. The purpose of the hearing is to discuss the installation of a stairway from the seawall to the mudflats located within coastal bank and land under the ocean at 26 Hardy Street. 6. Continuation of a Public Hearing—Notice of Intent—DEP#64-448 Costa Sideridis, 2 Autumn View, Salem,MA 01970. The purpose of the hearing is to discuss the construction of a home,stabilization of a bank, planting and landscaping within the buffer zone to BVW at 12 Buena Vista Ave (West). 7. Public Hearing—Notice of Intent—Robert Lutts Cabot Farm Trust,92 Orne Street, Salem,MA 01970. The purpose of the hearing is to discuss the construction of a 140 foot pier with associated 50 foot ramp and 25 X 35 foot float at 92 Orne Street. • S. Public Hearing—Request for Determination of Appticabitity—Osborne Hills Realty Trust,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 of in the buffer zone of BVW on Lot 19 on Amanda Way off of Marlborough Road. 9. Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust,P.O Box 780, Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed grading and landscaping of in the buffer zone of BVW on Lot 39 on Amanda Way off of Marlborough Road. 10. Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust,P.O Box 780, Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed grading and landscaping of in the buffer zone of BVW on Lot 13 on Osborne Hill Drive off of Marlborough Road. 11. Public Hearing—Notice of Intent—DEP#64-451 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, driveway,retaining wall,landscaping and grading in the buffer zone of BVW on Lot 36 Osborne Hill Drive off of Marlborough Road. 12. Public Hearing—Notice of Intent—DEP#64-454 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, driveway,retaining wall,landscaping and grading in the buffer zone of BVW on Lot 14 Osborne Hill Drive off of Marlborough Road. 13. Public Hearing—Notice of Intent—DEP#64-453 Osborne Hills Realty Trust,P.O Box 780,Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a driveway,retaining wall, landscaping and grading in the buffer zone of BVW on Lot 15 Osborne Hill Drive off of Marlborough Road. 14. Public Hearing—Notice of Intent—DEP#64-452 Osborne Hills Realty Trust,P.O Box 780,Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a driveway,retaining wall, landscaping and grading in the buffer zone of BVW on Lot 35 Osborne Hill Drive off of Marlborough Road. 15. Public Hearing—Notice of Intent—DEP#64-455 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,landscaping and grading in the buffer zone of BVW on Lot 38 Amanda Way off of Marlborough Road. 16. Public Hearing—Notice of Intent—DEP#64-456 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,driveway, landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road. 17. Public Hearing—Notice of Intent—DEP#64-457 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, landscaping and grading in the buffer zone of BVW on Lot 18 Amanda Way off of • Marlborough Road. Page 2 of 3 18. Public Hearing—Notice of Intent—DEP#64-458 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, landscaping and grading in the buffer zone of BVW on Lot 17 Amanda Way off of Marlborough Road. 19. Public Hearing—Notice of Intent—DEP#64-459 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, landscaping and grading in the buffer zone of BVW on Lot 16 Amanda Way off of Marlborough Road. 20. 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 revised proposal for construction of residential and stormwater management facilities associated with a subdivision off Clark Avenue To be continued until July 26,2007. 21. Old/New Business • Commission approve letter drafted by Conservation Agent to DEP regarding Consent Order issued to 15 • Robinson Road. • Update Commission on proposed work at I Daniels Street Court. • Update on site visit to public way between HMA and MBTA parking lot. • Discussion of vegetation removal along Brooks Street. • Discussion of violation at 9 Winter Island Road. Page 3 of 3 w�cow�ir��yr, CITY OF SALEM � cln,nhR , CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, June 14, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—April 26,May 17,and May 24 2. Public Hearing—Request for Determination of Applicability—Earth Tech 300 Baker Avenue Concord, MA 01742. The purpose of this hearing is to discuss the installation of a traffic signal located within flood zone A at the intersection of Bridge Street and the westerly ramp at North St.. • 3. Continuation of a Public Hearing—Notice of Intent—DEP#64-447—MRM Project Management,LLC,9 Abbott Street Beverly,MA 01915. The purpose of this hearing is to discuss the removal of debris and invasive vegetation from the site, construct test pits and install borings to characterize subsurface conditions, conduct limited site re-grading and stabilization work, and locate and remove two underground storage tanks. The proposed work will occur within Riverfront Area, land subject to coastal storm flowage, and buffer zone to coastal bank at 64 Grove Street. 4. Continuation of a Public Hearing— Notice of Intent—DEP #64-450— Samuel Papalardo, 6 Dearborn Lane, Salem, MA 01970. The purpose of the hearing is to discuss the construction of a 36 foot long x 4-foot deck pier with associated wooden access stairs, a 40-foot long gangway and 12-foot x 20-foot float at 6 Dearborn Lane. 5. Continuation of a Public Hearing—Notice of Intent—DEP#64-449 Mark&Sandra Connelly,26 Hardy Street, Salem, MA 01970. The purpose of the hearing is to discuss the installation of a stairway from the seawall to the mudflats located within coastal bank and land under the ocean at 26 Hardy Street. 6. Continuation of a Public Hearing—Notice of Intent—DEP#64-448 Costa Sideridis, 2 Autumn View, Salem,MA 01970. The purpose of the hearing is to discuss the construction of a home,stabilization of a bank, planting and landscaping within the buffer zone to BVW at 12 Buena Vista Ave (West). 7. Public Hearing—Notice of Intent—Robert Lutts Cabot Farm Trust,92 Ome Street,Salem,MA 01970. The purpose of the hearing is to discuss the construction of a 140 foot pier with associated 50 foot ramp and 25 X 35 foot float at 92 Orne Street. • 8. Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust,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 of in the buffer zone of BVW on Lot 19 on Amanda Way off of Marlborough Road. 9. Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust,P.O Box 780, Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed grading and landscaping of in the buffer zone of BVW on Lot 39 on Amanda Way off of Marlborough Road. 10. Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust,P.O Box 780, Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed grading and landscaping of in the buffer zone of BVW on Lot 13 on Osborne Hill Drive off of Marlborough Road. 11. Public Hearing—Notice of Intent—DEP#64.451 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, driveway,retaining wall,landscaping and grading in the buffer zone of BVW on Lot 36 Osborne Hill Drive off of Marlborough Road. 12. Public Hearing—Notice of Intent—DEP#64-454 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, driveway,retaining wall,landscaping and grading in the buffer zone of BVW on Lot 14 Osborne Hill Drive off of Marlborough Road. 13. Public Hearing—Notice of Intent—DEP#64-453 Osborne Hills Realty Trust,P.O Box 780,Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a driveway,retaining wall, landscaping and grading in the buffer zone of BVW on Lot 15 Osborne Hill Drive off of Marlborough Road. 14. Public Hearing—Notice of Intent—DEP#64-452 Osborne Hills Realty Trust,P.O Box 780,Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a driveway,retaining wall, landscaping and grading in the buffer zone of BVW on Lot 35 Osborne Hill Drive off of Marlborough Road. 15. Public Hearing—Notice of Intent—DEP#64-455 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,landscaping and grading in the buffer zone of BVW on Lot 38 Amanda Way off of Marlborough Road. 16. Public Hearing—Notice of Intent—DEP#64-456 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, driveway, landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road. 17. Public Hearing—Notice of Intent—DEP#64-457 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, landscaping and grading in the buffer zone of BVW on Lot 18 Amanda Way off of • Marlborough Road. Page 2of3 18. Public Hearing—Notice of Intent—DEP#64-458 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, landscaping and grading in the buffer zone of BVW on Lot 17 Amanda Way off of Marlborough Road. 19. Public Hearing—Notice of Intent—DEP#64-459 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, landscaping and grading in the buffer zone of BVW on Lot 16 Amanda Way off of Marlborough Road. 20. 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 revised proposal for construction of residential and stormwater management facilities associated with a subdivision off Clark Avenue To be continued until July 26,2007. 21. Old/New Business • Commission approve letter drafted by Conservation Agent to DEP regarding Consent Order issued to 15 • Robinson Road. • Update Commission on proposed work at lA Daniels Street Court. • Update on site visit to public way between HMA and MBTA parking lot. Page 3 of 3 • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, June 14, 2007, 6:00 p.m. Meeting Location: Third Floor Room 311, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton, David Pabich, David Summer Members Absent: Joseph Furnari Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Meeting Minutes: April 26, May 17, and May 24, 2007 Meetings Members review the minutes for the April 26 meeting. Pabich: Motion to accept the minutes for the April 26 meeting, seconded by Hamilton. Blier abstains because he was not present for that meeting. (Passes 6-0) • Members review the minutes for the May 24 meeting. Pabich: Motion to accept the minutes for the May 24 meeting, seconded by Blier. (Passes 6-0) Summer: Motion to table the minutes for the May 17 meeting until June 28, 2007, seconded by Pabich. (Passes 6-0) 2. Public Hearing: Request for Determination of Applicability — Earth Tech — 300 Baker Avenue, Concord, MA 01742 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the installation of a traffic signal located within flood zone A at the intersection of Bridge Street and the westerly ramp at North Street. Lynn Duncan representing the City of Salem introduces Gail Rosenberg, project manager Capital Asset Management, and Nick Rubino with Earth Tech and explains that this traffic signal is part of a larger project with the courthouse project and Bridge Street reconstruction. Rubino explains that as part of the courthouse reconstruction the City will reconfigure some of the traffic, such as the westerly ramp at Bridge Street. He displays 2 plans, • describes the project, and answers many questions from the Commission. Listed below is some of the information provided by Rubino: Conservation Commission Meeting Minutes June 14, 2007 Page 2of15 • The traffic signal will consist of 4 post-mounted signals with one signal hanging over • the roadway. • There will be video detection for the vehicles and a computerized signal control installed. • There will be some underground conduit installed about 30 inches below the surface. • All surfaces will remain at the current level. • Power will come from a utility pole on the opposite side from the signal control. • The light will stay green on Bridge Street unless there is a car on the ramp, or a pedestrian wishing to cross. • This signal is a temporary measure until the completion of the Bridge Street Project in 3-5 years. • The project will not disturb any of the existing drainage or utilities in the area. • The catch basins would be lined and hay bales will be place prior to any excavation. • Any excavate will be removed from the site and disposed of in an approved location. Duques states that the location is outside of the 200 foot area from the river. Pabich states that the plans should reflect the locations of the catch basins. Cornacchio asks what will happen to the signal controller if there is a flood in that area. Rubino states that it is weather-tight but he can look further into that. • Blier asks if the granite curbing removed will be replaced with granite. Rubino: Yes. Cornacchio opens up the meeting to the public. Jim Treadwell of 36 Felt Street mentions that Bridge Street will be widened into 4 lanes. He states that this proposal was presented to the pubic (about 85 people) and they were told that it is only preliminary. He adds that this is Chapter 91 because it is filled tide land. He says that he feels that they are rushing this and the public doesn't have all of the pieces to this puzzle yet. Duncan says that these plans are not yet approved by Mass Highway and if the plans were to change significantly they would need to come back to the Commission. She states that the City has a concern about pedestrian issues at this location, and this is a temporary measure until the Bridge Street project is completed. She adds that the timeline for the Bridge Street project is uncertain. Jane Arlander of 93 Federal Street states that there is flooding in that area at the base of the ramps, and those west ramps get closed in a flood. She adds that they have closed several times since the beginning of the year, and that closing reroutes heavy vehicles through Federal Street. She says that Mass Highway has tried to fix this and the City is • trying to mitigate the flooding. She expresses concern with the flooding calling it a major problem. Conservation Commission Meeting Minutes June 14, 2007 Page 3 of 15 Cornacchio says that the flooding and traffic rerouting will need to be addressed again when they are trying to fix the flooding issue. He adds that this is a difficult place for pedestrians to cross the street. Mary Whitney of 356 Essex Street asks about the increase in the impervious surface. Cornacchio says that the Commission typically looks at that but there is no increase in this case. Glidden states that the NOI contain specifications for the soils and the drainage and the protective measures used during the excavation. Cornacchio suggest using a -2 Determination. Duques reads the criteria for the -2. Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 7-0) Glidden: Motion to issue a -2 Determination of Applicability with the conditions of the soil removal and the catch basins protections are stated in the plans and in the determination, seconded by Pabich. (Passes 7-0) • 3. Continuation of a Public Hearing: Notice of Intent — DEP #64-447 — MRM Proiect Management, LLC, 9 Abbott Street, Beverly, MA 01915 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the removal of debris and invasive vegetation from the site, construct test pits and install borings to characterize subsurface conditions, conduct limited site re- grading and stabilization work, and locate and remove two underground storage tanks. The proposed work will occur within Riverfront Area, land subject to coastal storm flowage, and buffer zone to coastal bank at 64 Grove Street. Duques states that the Commission asked her to draft an Order of Conditions and calculate the fines. She adds that she spoke with Bob Griffin of Griffin Engineering and summarized the fines and emailed the draft of the Order of Conditions. She says there were fines of $200, and then $800, and then $4,800, for a total of $5,800. Pabich states that he takes exception to the fact that it took 3 weeks for the applicants to get the hay bales finished after they were advised to do so. Hubbard addresses this point and explains the timeline. Pabich and Hubbard discuss the timeline for the installation of the hay bales. Hubbard states that all of the work has been accomplished and he asks the Commission to • hold the fines in abeyance. He adds that the site has been stabilized. Conservation Commission Meeting Minutes June 14, 2007 Page 4 of 15 Duques says that the City's workers have removed the debris that was placed on the property, and the railroad company will be able to remove the railroad ties. She adds that the Japanese knot weed is about 2.5 feet tall which is stabilizing the bank. Cornacchio suggest fining them only $1000. Summer clarifies that the fines cannot be held in abeyance beyond tonight. Duques states that the Order of Conditions is good for 3 years and it is better to deal with the fines now. Summer says that he was frustrated with the situation at first but he now agrees with Cornacchio' suggestions. Pabich says that he will go along with the recommendation because there was no specific date mentioned when the initial instructions were given for the hay bales during the site visit. He adds that in the future he will always state a specific date for each instruction. Hubbard requests a 60-day deadline for payment. Glidden: Motion to issue a $1000 fine payable in 60 days, seconded by Pabich. (Passes 5-0) Glidden: Motion to close the public hearing, seconded by Hamilton. (Passes 5-0) • Pabich says the Conditions should specify that any piles of excavate should be covered. Duques says that at the beginning of the draft it describes which activities are being permitted and she reads this section of the draft Order of Conditions which sites the details specified in the plan. Summer asks when the site will be available for use. Hubbard says that he has no immediate plans for the site. Summer asks how long it will take to do the work in the Order of Conditions. Hubbard says it will probably be finished in the fall. Pabich says that he wants the fire department to understand that the bridge is not approved for passage. Hubbard says that he meets with the fire department on that site frequently and they are very familiar with that property. Summer: Motion to issue an Order of Conditions, seconded by Hamilton. (Passes 5-0) • 4. Continuation of a Public Hearing: Notice of Intent — DEP #64-450 — Samuel Conservation Commission Meeting Minutes June 14, 2007 Page 5 of 15 Papalardo, 6 Dearborn Lane, Salem MA 01970 • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a 36-foot long x 4-foot deck pier with associated wooden access stairs, a 40-foot long gangway and 12-foot x 20-foot float at 6 Dearborn Lane. Cornacchio says that there are some changes to the original request as a result of the site visit this afternoon. Papalardo states that North Shore Marine has been contracted. He adds that 10 x 10 round pylons will be driven in from an crane with a 75' boom on a barge. The excavator can reach over from the water at high tide. Cornacchio states that there were 2 other pier projects that were ranted in that area. P P J 9 Pabich asks about height of the deck. He states that the public should be able to walk next to the sea wall. Papalardo says that it will be possible because the stairway will be 9 feet above the ground. Duques says that she observed the easement for the public and there are no signs. Cornacchio states that it is not a public way, only a drainage easement, and there is a 3 foot easement for the neighborhood people in the deed. Cornacchio states that the plans will need to be redrafted to reflect the changes made at the site visit. Cornacchio opens to the public. Jim Treadwell of 36 Felt Street states that there is public access at the extension of Felt Street toward the river. He adds that the dock to the west of the new dock (not Papalardo's) would prohibit public access. Pabich explains that the dock to the west is outside of the jurisdiction of the Commission because it is Chapter 91. Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 7-0) Glidden: Motion to grant an Order of Conditions subject to the revised plan, seconded by Pabich. (Passes 7-0) 5. Continuation of a Public Hearing: Notice of Intent — DEP #64-449 — Mark & Sandra Connelly, 26 Hardy Street, Salem, MA 01970 • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the installation of a stairway from the seawall to the mudflats located Conservation Commission Meeting Minutes June 14, 2007 Page 6 of 15 within costal bank and land under the ocean at 26 Hardy Street. • Cornacchio reads a letter from the Connellys requesting a continuance. Pabich: Motion to continue until June 28, 2007, seconded by Glidden. (Passes 6-0) 6. Continuation of a Public Hearing: Notice of Intent — DEP #64-448 — Costa Sideridis, 2 Autumn View, Salem MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a home, stabilization of a bank, planting and landscaping within the buffer zone to BVW at 12 Buena Vista Ave (West). Cornacchio reads a letter requesting a continuance from Costa Sideridis. Summer: Motion to continue this hearing on June 28, 2007, seconded by Hamilton. (Passes 6-0) 7. Public Hearing: Notice of Intent — Robert Lutts Cabot Farm Trust, 92 Orne Street, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a 140 foot pier with associated 50 foot ramp and • 25 X 35 foot float at 92 Orne Street. Bill Kelly with Kelly Marine Resources speaks about the project. Duques states that there is no DEP number yet. Cornacchio states that the Commission cannot grant an Order of Conditions until a DEP number has been issued. Bill Kelly states that he has not applied for Chapter 91 yet because he doesn't have the Order of Conditions yet. Duques suggests that he start that now to save some time. Kelly states that there are the remnants of a pier that was there 150 years ago from a brick making factory. Duques states that the site is a rocky coast with little vegetation with pieces of brick and rock, and that the pier extends far out because it is necessary to go that far to get to deep water. She asks about any transition from the landscape to the pier. Kelly states that there would be some re-grading. • Blier asks how that soil will be retained. Conservation Commission Meeting Minutes June 14, 2007 Page 7 of 15 Dan Lynch of Lynch Engineering describes the method for the fill, putting 2 piles inland and • then using a little fill. Duques expresses concern that this might be washed out. Cornacchio suggest using a ramp to eliminate the need for the fill. Pabich asks about the vegetation in that area. Lynch says that it is a meadow. Pabich asks how the soil will be retained. Lynch says that a ramp would be an alternative, possibly using some pre-cast panels to the embankment. He says that there will be no vehicles on that pier, except for kayaks or canoes. Glidden asks what will happen to the float in the winter. Cornacchio suggests leaving it there or mooring it out. Lynch states that the work will be done from the water side. Lutts states that his cousin, Craig Burnham, is the contractor. • Lynch states that he would like to use steel piles encased in concrete, and the method for the concrete application could be addressed in the Order of Conditions. Kelly asks if there is a problem with driving cars up there. Cornacchio: No. Pabich suggests scheduling a site visit. Lynch says that he prefers to cantilever about 2 feet out for all coastal bank work. Cornacchio opens to the public. There are no comments. The members discuss a possible date for a site visit and agree to June 28, 2007 at 5:00 p.m. Pabich agrees to visit earlier that day. Pabich: Motion to continue until June 28, 2007 with the site visit held prior to the meeting, seconded by Summer. (Passes 6-0) 8. Public Hearing: Reauest for Determination of AmAicability — Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940 Jim MacDowell, Civil Engineer with Eastern Land Surveys, resents the plans for 12 9 Y , P • individual lots and states that roads and utility systems have all been reviewed and they Conservation Commission Meeting Minutes June 14, 2007 Page 8 of 15 are here tonight to discuss the development of these lots. He suggests that he present the • plans for all of the properties now and then request a continuance for all 12 of the lots until after the site visit. Duques states that she is reluctant to continue all 12, and she wants to deal with all of the RDA's now. Cornacchio agrees with Duques. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a boulder wall, grading and landscaping in the buffer zone of BVW on Lot 19 on Amanda Way off of Marlborough Road. MacDowell points out the project entrance and Lot 19 on two plans and distributes a table describing specific properties for each lot. He states that the footprints on the plans are the largest footprints allowed and they are not the final plan, so the future plans will not contain any footprints larger than those currently shown. MacDowell says that the stormwater facilities will not be impacted, and that only a small amount of work will be done here. He adds that erosion control will be at the outer limit of the piping and the retaining wall location. Cornacchio opens to the public and the Commission for questions or comments. Pabich asks about the retaining wall and whether this Commission has seen the plans for • this yet. MacDowell shows the plans for the retaining walls. Pabich asks if the Commission discussed and permitted this stormwater system already. MacDowell says that it was approved by the Commission already. Pabich asks if there is an Order of Conditions for the stormwater system. MacDowell says that he believes there is but he is not completely certain. Pabich says the he is quite sure that he has not seen plans for the stormwater system and he is uncomfortable talking about any of these lots until this system has been discussed. Duques reads the Order for DEP #64-438. Pabich asks what the special conditions are for that order. Duques says that the Order was amended to combine two phases. MacDowell says they are now in phases 1 and 2. • The Commission discusses the history of any discussions about this stormwater system. Conservation Commission Meeting Minutes June 14, 2007 Page 9of15 MacDowell suggests a continuance for Lot 19 until the site visit. He says that he plans to • stake all of the back lot corners as a reference point, and stake the back house limit for each house, and identify the grades for each stake. Pabich requests that he stake the back corner of each house. MacDowell agrees to do this. The members discuss the possible dates for the site visit. Patricia Liberti of 3 Lyons Lane asks where the wetlands are and notes that some of the houses are in the buffer zone. Cornacchio says that this is allowed. Members agree to a meeting on Saturday, June 30, 2007 at 8:00 a.m. Pabich: Motion to continue the public hearing for Lot 19 to July 12, 2007, seconded by Hamilton. (Passes 6-0) 9. Public Hearing: Request for Determination of Applicability — Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940 Cornacchio reads the legal public hearing notice which states that the purpose of this • hearing is to discuss the proposed grading and landscaping in the buffer zone of BVW on Lot 39 on Amanda Way off of Marlborough Road. MacDowell points out Lot 39 on the plan and states that its site work is a stand alone feature and there is less work in the buffer, there is no retaining wall. There will be silt fence along the lot line. He describes the grading and elevation. Pabich asks where the roof recharge is. MacDowell studies the plan then says that the plan may have Lots 37 and 39 switched and he requests a continuance. Cornacchio opens to the public. There is no response. Summer: Motion to continue the public hearing to July 12, 2007, seconded by Glidden. (Passes 6-0) 10. Public Hearing: Reauest for Determination of Applicability — Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed grading and landscaping in the buffer zone of BVW on Lot 13 on Osborne Hills Drive off of Marlborough Road. • MacDowell describes the work to be done on the lot and states that there will be no Conservation Commission Meeting Minutes June 14, 2007 Page 10 of 15 retaining walls and a silt fence will be installed and there is no roof recharge. He describes • the grading, altitude, and dimensions. He adds that the hay bale line will be on the back lot line. Pabich states that Lot 13 cannot be constructed unless 14 is constructed as proposed. MacDowell disagrees and states that 13 is a stand-alone lot. Summer: Motion to continue to July 12, 2007, with a site visit June 30, 2007, seconded by Glidden. (Passes 6-0) MacDowell requests that Cornacchio open the public hearings for all of remaining 9 lots on the agenda, and immediately grant a continuance for all of these lots. The members agree to this. 11. Public Hearing: Notice of Intent — DEP #64-451 — Osborne Hills Realty Trust, P.O. Box 780 Lynnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a single family home, driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 36 Osborne Hills Drive off of Marlborough Road. and 12. Public Hearing: Notice of Intent — DEP #64-454 - Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the • proposed construction of a single family home, driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 14 Osborne Hills Drive off of Marlborough Road. and 13. Public Hearing: Notice of Intent — DEP #64-453 — Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 15 Osborne Hills Drive off of Marlborough Road. and 14. Public Hearing: Notice of Intent — DEP #64-452 — Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 35 Osborne Hills Drive off of Marlborough Road. and 15. Public Hearing: Notice of Intent — DEP #64-455 — Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a retaining wall, landscaping and grading in the buffer zone of BVW on Lot 38 Amanda Way off of Marlborough Road. and 16. Public Hearing: Notice of Intent — DEP #64-456 — Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, driveway, landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road. and • 17. Public Hearing: Notice of Intent — DEP #64-457 — Osborne Hills Realty Trust, Conservation Commission Meeting Minutes June 14, 2007 Page 11 of 15 P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the • proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 18 Amanda Way off of Marlborough Road. and 18. Public Hearing: Notice of Intent — DEP #64-458 — Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 17 Amanda Way off of Marlborough Road. and 19. Public Hearing: Notice of Intent — DEP #64-459 — Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 16 Amanda Way off of Marlborough Road. Cornacchio opens all of these public hearings. MacDowell requests a continuance until July 12, 2007 with a site visit on June 30, 2007, at 8:00 a.m. Glidden: Motion to continue all of these public hearings until July 12, 2007, with a site visit on June 30, 2007, seconded by Hamilton. (Passes 6-0) 20. Public Hearing: Notice of Intent — DEP #64-434 — Town and Country Homes 532 Lowell, Peabody, MA 01960 • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the revised proposal for construction of a residential and stormwater management facilities associated with a subdivision off Clark Avenue. Cornacchio reads a letter requesting a continuance to July 26, 2007, from Chapel Hill LLC, John R. Keilty. Duques states that they ran into a snag with zoning and they are asking the Councilors to modify the zoning. Hamilton: Motion to continue this public hearing until July 26, 2007, seconded by Summer. (Passes 6-0) Old/New Business 21. Commission ADurove letter Drafted by Conservation Agent to DEP Regarding Consent Order Issued to 15 Robinson Road Cornacchio asks the members if they reviewed the letter written by Duques and the members agree that they have. Duques states that she will attach the most recent site plan to the letter. She adds that • the DEP has advised her that the work is in progress. Conservation Commission Meeting Minutes June 14, 2007 Page 12 of 15 Hamilton asks for specific language regarding the catchment area that contributes to the • proposed stormwater ponds. Summer: Motion on to accept this letter to the DEP concerning 15 Robinson Road as written with the suggested changes, seconded by Glidden. (Passes 6-0) 22. Update Commission on Proposed Work at 3A Daniels Street Court Duques states that she received a call from Christian Tosi and they are proposing to add a second bedroom within a flood zone. She says that she gave her instructions to cover any stored material with a cover and to store nothing in the dumpster which could blow into the harbor. 23. Update on Site Visit to Public Way between HMA and MBTA Parking Lot Duques says that she visited the site with Wilfred Gallien and the owner, Mr. Burnham, was there and he said that he is using it as storage and he would send someone out to the river to remove any material that has fallen into the river. She adds that she spoke with the DEP and they suggested that the Commission approach this issue as a failure to maintain the sea wall. Duques states that the path between MBTA and HMA is blocked in some points. She says that Burnham is claiming that he has spoken to the Mayor about doing a land swap for another piece of property where he could do some industrial work. Wilfred Gallien of 3 Gerald Road, Marblehead, says that he drove 167 miles today to get to • this site and only Ms. Duques was there. He expresses disappointment that no one else was there. Cornacchio says that he is very familiar with the site. Glidden says that he was there last week. Summer says that he walks that way almost every day. Gallien says that he suggested that Burnham remove all of the material on the land and Burnham said that he made a living on that material. Glidden asks if there is a Chapter 91 license on that property. Duques says that she will check and it is a state license and the state would have to inspect it and enforce it. She agrees to check with the DEP. Glidden says that the Commission has limited ability to go after situations like this. Duques says that this Commission can only review how this material affects the wetlands. Gallien states that the powers-to-be in this City are not willing to go after this. He expresses disapproval with the condition of the site. • Glidden repeats that cities have limited power to do anything about this, and the City could Conservation Commission Meeting Minutes June 14, 2007 Page 13 of 15 not afford to sue this person, and they probably would not win. • Gallien asks about the history of the fines on this property. Cornacchio says that the City Solicitor would be able to look into the fine issue, but he cautions that this situation is difficult. Mary Whitney of 356 Essex Street asks if any of the equipment stored on the property touches the water when the water rises up to this site. She questions whether this issue would be in the jurisdiction of the Commission. Pabich asks at what point storage becomes landfill. He states that there are two issues here, the solid waste issue, and the Ch. 91 maintenance issue. He says that he wishes to know the distinction for this situation. Duques says that she should talk to someone regarding Chapter 91. Pabich asks her to speak with someone in the department of solid waste and Duques agrees to do this. Glidden states that the Harbor Act would prohibit the placement of the boats in the water because it impedes passage in the river. Gallien asks where he should go to get this property taken by eminent domain. He says . that the State once took the property by eminent domain from a woman that once owned the property, and then gave it back to her, and Burnham purchased the property from that woman. Glidden says that the Commission cannot send an eminent domain action request to another Board. Duques states that she will follow up with a letter thanking him for offering to pick up the debris and express concern for the failure of the sea wall. Glidden states that Burnham will not reply in writing. He suggests setting a deadline for the debris to be removed from the wetlands and if it is not clean by that deadline, then the Commission can begin fining. Duques states that it is unclear exactly where the line for the sea wall might be, and in any dispute it would be his word against the Commission. Pabich asks Duques to check for a history of a Chapter 91 permit. Duques states that the address for this site is 70 North Street. Glidden advises Duques to ask for the removal of the debris, equipment and foreign objects, and state a completion date for the clean up, and then state that the Commission • is seeking clarification on his compliance with Chapter 91, and will be in contact with the DEP. He says that the letter should mention that the fine for lack of compliance is $200 Conservation Commission Meeting Minutes June 14, 2007 Page 14 of 15 per day. • Cornacchio asks Duques to check with Beth Rennard first for outstanding fines. Glidden says that the letter should be specific with the types of materials that he has on site that are in violation, and issue a cease-and-desist letter. Blier says that any letter should go through Beth Rennard first. Glidden says the he would rather see the correct procedure being used and be extremely specific about the resource area and the type of materials to be removed. Pabich suggests putting all of the property owners on notice that have failing sea walls. Cornacchio says that Duques has been in contact with the Mayor's office throughout this issue. 24. Discussion of Veoetation removal along Brooks Street Duques says that the City officials requested to send the people that did the previous removal into the Brooks Street area to remove the phragmites. She states that she told them that there is no point removing it because it is very aggressive and it will grow right back again. She adds that she has mentioned this request to Salem Sound Coast Works who said that the whole area should be dredged because one side is silted in and has • begun to cut out the embankment on the other side. Pabich states that the area needs to have a flow down the center. He asks that they come before the Commission with detailed plans. Duques says that she will advise the City officials that this was not approved by the Commission and to present detailed plans if they wish to pursue this. Cornacchio advises Duques to tell them to form a proposal and an NOI. Mary Whitney of 356 Essex Street says that disturbing the phragmites can make it come back even stronger. She recommends a professional group that manages this type of problem at the Silvio Conte National Wildlife refuge. She says that the contact is Cynthia Bogner. 25. Discussion of Violation at 9 Winter Island Road (Emergency Form) Duques states that there is illegal activity going on at this site. Glidden views the photos and states that this activity needs to be fined. Duques says that she issued a cease-and-desist order stating that any work done there requires an RDA followed by a full NOI. She says that she saw them on June 12, 2007. • She states that the owner said that the storm pulled the sea wall out and he wishes to pour concrete on the landward side of that sea wall, and she has advised him that he must Conservation Commission Meeting Minutes June 14, 2007 Page 15 of 15 file an application and let the Commission know what he is doing. • Pabich asks if there is any machinery there. Duques says that she saw no machinery and it appears as if the storm water washed the soil out from behind the wall. Pabich expresses concern about these granite blocks being added recently and the pouring of concrete behind it would create a permanent mess. Glidden says that he should get a wetlands scientist to study this and recommend erosion control measures. Pabich says that if there is a public safety issue with the stones he should buttress it and secure the area. He asks if the materials for the two sea walls are the same. Duques says that she is not sure. Cornacchio says he should place hay bales and silt fence first and hire a professional. Duques agrees to follow up. 25. Salem Harbor Implementation Committee • Cornacchio states that the Salem Harbor implementation Committee meets on Tuesday nights once a month 6:00 p.m. He asks for a volunteer to meet with them to represent the Commission. Glidden agrees to look into the possibility for going to these meetings. Adiournment Glidden: Motion to adjourn, seconded by Pabich. (Passes 6-0) The meeting is adjourned at 9:50 p.m. • ��rownra,�� CITY OF SALEM OFFICE CONSERVATION COMMISSION z� l Sha 22 A 1771 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, June 28, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—May 14 and June 14 2. Continuation of a Public Hearing—Notice of Intent—DEP#64-449 Mark&Sandra Connelly,26 Hardy Street, Salem, MA 01970. The purpose of the hearing is to discuss the installation of a stairway from the seawall to the mudflats located within coastal bank and land under the ocean at 26 Hardy Street. • 3. Continuation of a Public Hearing—Notice of Intent—DEP#64-448 Costa Sideridis, 2 Autumn View, Salem,MA 01970. The purpose of the hearing is to discuss the construction of a home,stabilization of a bank, planting and landscaping within the buffer zone to BVW at 14 Buena Vista Ave (West). 4. Continuation of a Public Hearing—Notice of Intent—Robert Lutts Cabot Farm Trust, 92 Ome Street, Salem,MA 01970. The purpose of the hearing is to discuss the construction of a 140 foot pier with associated 50 foot ramp and 25 X 35 foot float at 92 Orne Street. 5. Public Hearing—Notice of Intent—DEP#64-460 Manuel Silva 121 Green Lane Middletown, RI 02842. The purpose of the hearing is to discuss the rebuilding of a camp residence,storage shed,and elevated walkway located with the buffer zone to Coastal Bank on Tinkers Island. Continued to September 27,2007 6. Public Hearing—Request for Determination of Applicability—Dominion Energy Salem Harbor,LLC. 24 Fort Ave. Salem,MA 01970. The purpose of this hearing is to discuss removal of a former above ground tank and secondary containment well at Dominion Energy located within buffer zone of coastal bank at 24 Fort Avenue. 7. Public Hearing—Notice of Intent—DEP#63-461 NL Industries,Inc.3 Lincoln Centre,Suite 1700,5430 LBJ Freeway, Dallas, TX, 75240-2697. The purpose of the hearing is to discuss the remediation of lead contaminated soil, sediment,and natural resource areas(including bordering land subject to flooding,rivertront area, land under the ocean, coastal beach, salt marsh, and land subject to coastal storm flowage) at 485 Lafayette Street (former Chadwick Lead Mill). • 8. Public Hearing—Request for Determination of Applicability—Ross Pecevich 15 Daniels Street,Salem, MA 01970. The purpose of the hearing is to discuss the repair to an existing seawall within a coastal bank at 9 Winter Island Road. • 1061 .`UI': 22 A 111 21 9. Old/New Business • Notice of Project Change DEP#64-450 6 Dearborn Lane,addition of a 10 X 10 foot deck attached to the retaining wall and stairs leading to approved dock and associated gangway and float. /This notr. iCa oSt„„ ont� ;�... z1 SIIIl4-4�jEi 130 :^'9" ._ City Wail. e.5,y: rYt 5.l s on t,l U.n7 r: at 11 z7 A!1 in, Chap. M 23A a 236 Of M-Ci.L. Page 2 of 3 • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, June 28, 2007, 6:00 p.m. Meeting Location: Third Floor Room 311, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Keith Glidden, David Pabich, David Summer Members Absent: Michael Blier, Joseph Furnari, Amy Hamilton Others Present: Frank Taormina Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Meetina Minutes: May 14 and June 14 Meetings The members review the minutes from the May 14 meeting and Cornacchio suggests an amendment. Pabich: Motion to accept the amended minutes from the May 14 meeting, seconded • by Summer. (Passes 4-0) The members review the minutes from the June 14 meeting and Cornacchio suggests two amendments. Pabich: Motion to accept the amended minutes from the June 14 meeting, seconded by Glidden. (Passes 4-0) 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-449 Mark & Sandra Connelly, 26 Hardy Street, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the installation of a stairway from the seawall to the mudflats located within coastal bank and land under the ocean at 26 Hardy Street. Cornacchio states that there was a site visit on April 26 and an enforcement order to cease and desists was issued. He adds that the Commission needs to discuss the fine. Glidden suggests a fine of $50. Cornacchio states that there was no impact. Glidden agrees with Cornacchio but states that the Commission should be firm on the issue • of people who do not advise the Commission of the actions that they will take. Pabich agrees with the fine of $50. He adds that the applicant has been very cooperative Conservation Commission Meeting Minutes June 28, 2007 Page 2 of 7 • and the standard $200 would be excessive in this case. Connelly states that he has a license for the wall from 1978, but he does not have a Chapter 91 license. He adds that he has a DEP number. Glidden suggests that Connelly check to see if he needs a Chapter 91 license. Pabich agrees with Glidden and states that the structure and the wall would need a license. Glidden states that this is not the concern of the Commission but Connelly should check into this to be sure that he is in compliance with the state regulations. Cornacchio opens to the public. There are no comments or questions. Pabich: Motion to close the public hearing, seconded by Glidden. (Passes 4-0) Pabich: Motion to issue an order of condition with a special condition that the applicant complies with the Chapter 91 license, seconded by Glidden. (Passes 4-0) Glidden: Motion to reduce the $200 fine to $50 payable in 60 days, seconded by Summer. (Passes 4-0) 3. Continuation of a Public Hearing — Notice of Intent — DEP #64-448. Costa • Sideridis, 2 Autumn View, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a home, stabilization of a bank, planting and landscaping within the buffer zone to BVW at 14 Buena Vista Ave (West). Cornacchio states that there was a site visit on June 8 and there was a concern on the slope and the nature of the fill material. Sideridis distributes plans and explains that the slope has been modified from a 2/1 slope to a 1/1 slope. He asks the Commission for other options for this slope such as 1/1.5. The members study the plans. Glidden states that it should not be a problem to allow a 2/1 slope. Pabich agrees that he could have a 2/1 slope on the northwestern side of the lot and have a more gradual slope in the other parts of the lot. Glidden states that the plans must be changed to reflect the new plans for the slope. He modifies the plan to reflect the revised slope and gives it to Sideridis. Pabich states that he should remove all of the trash and construction debris and fallen • trees and Sideridis agrees to this. Cornacchio opens to the public. There are no questions or comments. Conservation Commission Meeting Minutes June 28, 2007 Page 3 of 7 • Pabich: Motion to close the public hearing, seconded by Summer. (Passes 4-0) Pabich: Motion to issue an Order of Conditions subject to the presentation of a plan with a 2/1 slope tapering to allow for the deck, and the removal of the contaminated fill, seconded by Summer. (Passes 4-0) 4. Continuation of a Public Hearing — Notice of Intent — DEP #64-462, Robert Lutts Cabot Farm Trust, 92 Orne Street, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a 140 foot pier with associated 50 foot ramp and 25 X 35 foot float at 92 Orne Street. William Kelly of Kelly Green Resources in Marblehead states that a site visit was held today at 5:00 PM. Cornacchio states that they discussed the transition from the end of the pier to the land and determined that a small hand-dug 4 X 10 foot concrete footing will form the landing. Engineer Dan Lynch of Marblehead states that the footing will sit 20 feet back from mean high water point (about 6-7 feet up on the grass) and the last piece of pre-cast will lie on the footing. • Cornacchio suggests that he receive permission from the City to work from the barge. He adds that getting the concrete to that location would be difficult. Pabich agrees and states that he would like to see the plan for the concrete delivery to be in writing. Cornacchio confirms that they will use 14 steel piles driven from the barge. Cornacchio confirms that this pier will be used exclusively for recreational purposes and there will be no commercial activities on this site. Lynch states that if they hit ledge they will still be secure and those piles which hit ledge will be barring piles. Pabich and Lynch and Lutts discuss the exact location of the footing. Cornacchio asks if the piles can be reached from the crane on the barge. Lynch states that if this is not possible they will come back to the Commission. Cornacchio says that he would like to hear back from Craig Burnham (landowners cousin and contractor for the project) on how he intends to do this. Cornacchio suggests that • they specify recreational use only in the Order of Conditions. The members agree to require a written procedure for transport of concrete for filling the Conservation Commission Meeting Minutes June 28, 2007 Page 4 of 7 • piles prior to the pre-construction meeting. Cornacchio opens to the public. There are no questions or comments. Glidden suggests using a special condition to provide a detailed plan for the footing and show the footing relative to the edge of the grass. Pabich: Motion to close the public hearing. Seconded by Summer. (Passes 4-0) Glidden: Motion to issue an Order of Conditions with special conditions for the applicant to provide a detailed plan for the footing and delivery of concrete to the site, and that this site will be used for recreational purposes only, seconded by Summer. (Passes 4-0) S. Public Hearing — Notice of Intent — DEP #64-460, Manuel Silva 121 Green Lane, Middletown, RI 02842 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the rebuilding of a camp residence, storage shed, and elevated walkway located within the buffer zone to Coastal Bank on Tinkers Island. Cornacchio reads a letter into the record requesting a continuance until the September 27 meeting from the applicant's attorney • Glidden: Motion to continue this hearing until September 27, seconded by Summer. (Passes 4-0) 6. Public Hearing — Request for Determination of Applicability — Dominion Energy Salem Harbor, LLC. 24 Fort Ave. Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss removal of a former above ground tank and secondary containment well at Dominion Energy located within buffer zone to coastal bank at 24 Fort Avenue. Cornacchio states that he will recuse himself from this application so the Commission lacks a quorum and therefore the issue will be continued until July 12. 7. Public Hearing — Notice of Intent — DEP #64-461, NL Industries, Inc. 3 Lincoln Centre, Suite 1700, 5430 LBJ Freeway, Dallas, TX 75240-2697 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the remediation of lead contaminated soil, sediment, and natural resource areas (including bordering land subject to flooding, riverfront area, land under the ocean, coastal beach, salt marsh, and land subject to coastal storm flowage) at 485 Lafayette Street (former Chadwick Lead Mill). • Cornacchio places two letters into the file (from Anderson and Kreiger, LLP and from McRoberts, Roberts & Rainer LLP). The members read the letters. Conservation Commission Meeting Minutes June 28, 2007 Page 5 of 7 • Frank Taormina explains that this applies to a portion of land owned by the City of Marblehead which is within the Salem city limits. Daniel Garson SVP Woodard and Curran representing NL Industries explains that they have been working on the site since 2000. He describes the parcel lines and says that Marblehead has requested additional clean up in a portion of the bike trail, and NL Industries reps believe there is no need for clean-up in the Salem portion of the bike trail. He adds that there is no disturbance in the resource area and they will clean up the beach/salt marsh area in Salem which is lead-contaminated and the Glover Estates in Marblehead. Much discussion ensues about the actual boundaries and the plans for clean-up. Garson states that this is a hazardous waste clean-up site and a 40B development will go in this area after the clean-up. He adds that they must start work on October 1, 2007. Pabich states that he would like this issue to have a peer review. Glidden agrees and adds that this Commission might look at the state and MEPA approvals and that might be enough to grant an approval. Garson states that they have their comments which were submitted to MEPA. He adds that a Method 3 Risk Characterization has been conducted and this analysis showed that • there are no hazards to humans or plants. Taormina asks if there is continuity between what is being developed and what is being cleaned-up. Garson: Absolutely Attorney Heather Kennealy representing the Glover estate submits some documents for the record. She states that she is here to ask that this issue not be closed tonight because there is much material which needs to be evaluated. She adds there has not yet been any agreement as to the limited use for this property. Glidden: Motion to continue this public hearing until July 12, seconded by Pabich. (Passes 4-0) S. Public Hearing — Reauest for Determination of ADDlicability — Ross Pecevich 15 Daniels Street, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the repair to an existing seawall within a coastal bank at 9 Winter Island Road. Scott Patrowicz who represents the applicant provides copies of the Chapter 91 license and • explains that the applicant's mother, Ann Pecevich, is 92 years old and lives on this property, and her wall broke during back-to-back storms in May 2007. He adds that there are remnants of a pier built over 100 years ago and in 1995 the pier was still there but Conservation Commission Meeting Minutes June 28, 2007 Page 6 of 7 • nothing has been maintained. Patrowicz states that after the storm Mr. Pecevich began repairing and then was told to stop. He displays a plan made by Michael Kehn. He describes the area which was disturbed by the storm stating that the wall blew out and now the top of the coastal bank is further back behind the sea wall, and there is a lot of debris between the mean high water mark and the wall. He says that now the applicant wishes to place a concrete wall behind the original wall and tie it to the original wall. He explains that the applicant has cleaned up much of the debris left by the storms. Members discuss how the storm could have washed out that material behind the wall. Patrowicz requests a site visit. Cornacchio states that they have a site visit on Saturday, June 30, at the DiBiasi property which should last about two hours. Taormina asks if they can do this site visit at 7:30 AM and the members agree. Taormina states that Duques will not be back from her vacation. Cornacchio opens to the public. There are no comments or questions. Pabich: Motion to continue this until July 12, with a site visit on Saturday, June 30, seconded by Glidden. (Passes 4-0) • Old/New Business 9. Notice of Proiect Change — DEP #64-450, 6 Dearborn Lane Taormina explains that this project involves the addition of a 10 X 10 foot deck attached to the retaining wall and stairs leading to an approved dock and associated gangway float. Samuel Papalardo explains that the original plans had stairs coming off of the wall and now he will have a deck coming off first and then the stairs will be attached to the deck and the float will be pushed out 9 feet. Pabich says that it doesn't seem like a significant change. Cornacchio states that he has no problem with this change. Taormina asks if these changes has been submitted to the DEP and Chapter 91 Samuel Papalardo says they have not been submitted yet because they are waiting for approval from the Commission. Cornacchio opens to the public. There are not comments or questions. Pabich: Motion to grant the project change, seconded by Glidden. (Passes 4-0) • 10. Signage Conservation Commission Meeting Minutes June 28, 2007 Page 7 of 7 • Pabich says that the right-of-way off of Winter Island Road has no sign posted. Taormina states that the sign manufacturer has not completed the sign yet. He agrees to look into this or tell Duques about it. 11. Digging on Jeaale Island Pabich mentions that some kids have dug a hole about 12 feet wide on Jeggle Island, conservation land, located in the southeastern portion of Salem Harbor. He adds that the Harbormaster stopped them. He says that the police should get the names of the kids. Cornacchio asks if one of the Salem detectives could check out this. Glidden states that the Conservation Agent should write a letter to the police stating that this needs to be investigated and repaired. Taormina makes note of this for Duques. Pabich agrees to be the contact person for the police. Pabich: Motion to adjourn, seconded by Glidden. (Passes 4-0) The meeting is adjourned at 8:39 PM. • • • �C4w1IT� �Fi, MA CITY OF SALEM I S OFFICE CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, July 12, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. �QV/ 1, Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—June 28 2. Continuation of a Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust, P.O Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the • proposed grading and landscaping of in the buffer zone of BVW on Lot 13 on Osborne Hill Drive off of Marlborough Road. 3. Continuation of a Public Hearing— Notice of Intent— DEP #64-454 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,driveway,retaining wall,landscaping and grading in the buffer zone of BVW on Lot 14 Osborne Hill Drive off of Marlborough Road. 4. Continuation of a Public Hearing— Notice of Intent— DEP #64-453 Osborne Hills Realty Trust, P.O Box 780,Lynnfield,MA 01940. The purpose of the hearing is to discuss the proposed construction of a driveway,retaining wall,landscaping and grading in the buffer zone of BVW on Lot 15 Osborne Hill Drive off of Marlborough Road. 5. Continuation of a Public Hearing— Notice of Intent— DEP #64-451 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,driveway,retaining wall, landscaping and grading in the buffer zone of BVW on Lot 36 Osborne Hill Drive off of Marlborough Road. 6. Continuation of a Public Hearing— Notice of Intent— DEP #64-456 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,driveway, landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road. • This notice pasted on "Offlr.,i�l BUIlettn Board" Clty Hall Salem, WS'S. on Tuy r -7 at 3, Y�l IqM in '2CQXte4f::1' E; ittt Dim ? ; 23A A 23B Of M.G.L. 15. Public Hearing— Request for Determination of Applicability— Dominion Energy Salem Harbor,LLC.24 Fort Ave. Salem,MA 01970. The purpose of this hearing is to discuss removal of a former above ground tank and secondary containment well at Dominion Energy located within buffer zone of coastal bank at 24 Fort Avenue. 16. Public Hearing—Request for 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 buffer zone to a coastal bank and land subject to coastal storm flowage, at 20 Pierce Avenue. 17. Public Hearing Notice of Intent—Stephen Lovely, 14 Story Street, Salem, MA 01970. The purpose of the hearing is to discuss the construction of driveway,utilities and addition to an existing single–family house at 3 Parallel Street. The proposed project will be located within the 100-foot buffer zone. 18. Continuation of a Public Hearing—Notice of Intent— DEP #64-461 NL Industries, Inc. 3 • Lincoln Centre,Suite 1700,5430 LBJ Freeway,Dallas,TX,75240-2697. The purpose of the hearing is to discuss the remediation of lead contaminated soil, sediment, and natural resource areas (including bordering land subject to flooding,riverfront area,land under the ocean,coastal beach,salt marsh, and land subject to coastal storm flowage)at 485 Lafayette Street(former Chadwick Lead Mill). 19. Old/New Business Request for a Certificate of Compliance DEP#64-413 18 Thorndike Street. Page 3 of 3 • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, July 12, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton, David Pabich, David Summer Members Absent: Joseph Furnari Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Meeting Minutes: June 28, 2007 Meeting Summer: Motion to approve the minutes of the June 28, 2007 meeting, seconded by Glidden. (Passes 4-0) Blier and Hamilton did not vote because they were not present for the June 28 meeting. • 2 Continuation of a Public Hearing — Reguest for Determination of Applicability — 0sborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed grading and landscaping in the buffer zone of BVW on Lot 13 on Osborne Hills Drive off of Marlborough Road. Engineer Jim MacDowell of Eastern Land Survey Associates displays the plans and describes the boundaries and the set backs. Cornacchio opens to the public. There are no questions or comments. Pabich: Motion to close the public hearing, seconded by Hamilton. (Passes 6-0) Duques reads the criteria for both -2 and -3 Determination. Pabich: Motion to issue a -3 Determination, seconded by Blier. (Passes 6-0) Cornacchio states that a condition will be to place a DEP sign up on each lot. 3._Continuation of a Public Hearing — Notice of Intent — DEP #64-454, Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a single family home, driveway, Conservation Commission Meeting Minutes July 12, 2007 Page 2 of 12 • retaining wall, landscaping and grading in the buffer zone of BVW on Lot 14 Osborne Hills Drive off of Marlborough Road. MacDowell describes the boundaries and work setbacks. Cornacchio confirms that the wall will be a boulder dry wall. MacDowell states that all of the fences will be placed at the top of these walls. Property owner Paul DiBiase says that the fences will be made of wood. MacDowell shows where the wall will end and states that it will taper down to the ground. Cornacchio opens to the public. There are no questions or comments. Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 6-0) Hamilton: Motion to issue an Order of Conditions with a special condition that the applicant will provide a water quality report compliant with DEP standards, seconded by Pabich. (Passes 6-0) 4. Continuation of a Public Hearing — Notice of Intent — DEP #64-453. Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 15 Osborne Hills Drive off of Marlborough Road. MacDowell describes the boundaries stating that virtually all of Lot 15 is in the buffer zone. He points out the location of the wall and the setbacks and states that the utilities will come in from the front of the lot. He adds that a wooden fence will top the wall. He points out the location of the pathway. He states that the walls are rubble walls. DiBiase states that they will drill and pin the wooden fence into the wall or the fence will go into the ground in front of the wall. He adds that LITS Engineering Company will be inspecting all of these walls. MacDowell states that the front yard will sheet flow toward the street and the back yard will sheet flow toward the wall. Blier asks what would happen if a resident wishes to change the lot in a way that will increase the impervious surface area. Cornacchio states that it would be an entirely new application. Pabich suggests that DiBiase advise the home buyers that the property is in the buffer • zone. Conservation Commission Meeting Minutes July 12, 2007 Page 3 of 12 • DiBiase explains that the association documents restrict the residents from changing their property unless it is approved by the association. He adds that this is in the master deed for the association. Pabich again emphasizes that this issue be disclosed to prospective home buyers. DiBiase asks Duques if she can prepare a general advisory notice for all of the lots and Duques agrees. Pabich states that this advisory should be lot-specific. DiBiase agrees to advise prospective buyers that they will be subject to wetland restriction legislation if they wish to make changes to the land. Pabich asks that the owner also disclose to prospective buyers that their lot is limited by a community storm water management system. DiBiase agrees and asks Duques to add this to the general advisory of restrictions. Glidden suggests that this advisory state that all activities are controlled by 1. the home owners association, 2. the wetlands protection act regulations, and 3. the stormwater system restriction. He adds that a plan for the stormwater system could be on file with the homeowners association regulations. • Cornacchio opens to the public. There are no questions or comments. Pabich: Motion to close the public hearing, seconded by Glidden. (Passes 6-0) Pabich: Motion to issue an Order of Conditions with the above noted special disclosure conditions, seconded by Glidden. (Passes 6-0) S. Continuation of a Public Hearing — Notice of Intent — DEP #64-451. Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a single family home, driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 36 Osborne Hills Drive off of Marlborough Road. MacDowell describes the boundaries stating that a majority of the property would be in the buffer zone. He describes the set backs and the location of the wall. He states that there is a roof-water recharge area in the back which will receive the roof runoff. He shows the plans for the water recharge system and describes the construction. Cornacchio states that there was a site visit on June 30. • Glidden states that the wetland has a lot of old debris in it but most of it is covered up and he didn't see any critical issues in this area. He adds that it is mostly scrub brush. Conservation Commission Meeting Minutes July 12, 2007 Page 4 of 12 • Cornacchio opens to the public. There are no questions or comments. Glidden asks if the walls are on the boundaries. MacDowell state that all of the walls will be constructed entirely on the lot lines. Glidden asks how many trees will be taken down for the construction of the wall. DiBiase states that they might just need 4-5 feet of clearance but he hasn't seen substantial trees there because it is mostly ledge. Glidden asks if there could be a monitor to ensure the continuation of the canopy over the wetlands. Pabich states that he would like to see some additional plantings to make up for any trees which will be removed. Much discussion ensues about the trees in the area and the parties agree to have new trees replanted as deemed necessary by the conservation agent. Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 6-0) Glidden: Motion to issue an Order of Conditions with the above noted conditions, • seconded by Pabich. (Passes 6-0) 6._ Continuation of a Public Hearing — Notice of Intent - DEP #64-452. Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a driveway, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 35 Osborne Hills Drive off of Marlborough Road. MacDowell describes the boundaries and setbacks and the dimensions for the wall and states that the roof recharge will be in the back. Pabich asks about the measures taken to prevent scouring of the wall. DiBiase states that there will be crushed stone in front of the wall which will allow the wall to drain through. He adds that there will be loam on top of the crushed stone. Pabich suggests using 2-foot wide filter fabric along the top edge of the wall to prevent the loam from washing through and DiBiase agrees to this. Cornacchio suggests adding this to the conditions and the members agree. • Cornacchio opens to the public. There are no questions or comments. Pabich: Motion to close the public hearing, seconded by Hamilton. (Passes 6-0) Conservation Commission Meeting Minutes July 12, 2007 Page 5 of 12 • Pabich: Motion to issue an Order of Conditions with all of the above noted conditions, seconded by Glidden. (Passes 6-0) 7. Continuation of a Public Hearing — Notice of Intent — DEP #64-456. Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, driveway, landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road. and 8 Continuation of a Public Hearing — Reauest for Determination of Applicability - Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a boulder wall, grading and landscaping in the buffer zone of BVW on Lot 19 Amanda Way off of Marlborough Road. and 9. Continuation of a Public Hearing — Reauest for Determination of Applicability - Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield. MA 01940. The purpose of this hearing is to discuss the proposed grading and landscaping in the buffer zone of BVW on Lot 39 on Amanda Way off of Marlborough Road. • and 10. Continuation of a Public Hearing- Notice of Intent — DEP #64-455 Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a retaining wall, landscaping and grading in the buffer zone of BVW on Lot 38 Amanda Way off of Marlborough Road. and 11. Continuation of a Public Hearing — Notice of Intent — DEP #64-457 Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 18 Amanda Way off of Marlborough Road. and 12. Continuation of a Public Hearing — Notice of Intent — DEP #64-458 Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 17 Amanda Way off of Marlborough Road. And • 13. Continuation of a Public Hearing — Notice of Intend — DEP #64-459 - Osborne Conservation Commission Meeting Minutes July 12, 2007 Page 6 of 12 Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940. The purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 16 Amanda Way off of Marlborough Road. Cornacchio opens all of the above public hearings at once. MacDowell requests a continuance and a site visit. The members agree to the site visit on Monday, July 23, at 6:00 p.m. Pabich: Motion to continue all of the above public hearings until July 26 with a site visit on July 23, seconded by Hamilton. (Passes 6-0) 14. Continuation of a Public Hearina — Reauest for Determination of Aoolicability — Ross Pecevich, 15 Daniels Street, Salem, Ma 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the repair to an existing seawall within a coastal bank at 9 Winter Island Road. Duques states that Blier and Hamilton were not present for the previous meeting but have listened to the tape of the hearing and signed affidavits of understanding which qualifies them to vote on this issue. • Engineer Scott Patrowicz states that there was a site visit and describes what was observed during the site visit. He states that most of the debris has been cleaned up since the site visit and the owner is ready to continue the repair of the wall. Glidden states that he likes the idea of anchoring the original wall to the new wall. Patrowicz states that the height of the wall is less than 4 feet. He adds that Michael Kehn is the contractor. Pabich asks if this needs to be built by an engineer. Duques states that it would depend on the wall height and amount of fill the wall is holding back. Pabich asks Patrowicz if he will stamp that plan. Patrowicz states that he is not a structural engineer so he doesn't feel comfortable stamping these plans because he didn't create them. Much discussion ensues about the structural integrity of the design and members request reassurance that this wall will survive a storm. • Duques asks if the members would like an RDA or an NOI for this project. The members agree to require a letter confirming that this structure will be sound prior to Conservation Commission Meeting Minutes July 12, 2007 Page 7 of 12 • the construction. Cornacchio opens to the public. There are no questions or comments. Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 6-0) Pabich: Motion to issue a -3 Determination seconded by Glidden. (Passes 6-0) 15. Public Hearing — Request for Determination of Applicability — Dominion Energy Salem Harbor, LLC., 24 Fort Ave., Salem, MA 01970. Cornacchio recuses himself from this hearing and turns the meeting over to David Pabich. Pabich reads the legal public hearing notice which states that the purpose of this hearing is to discuss removal of a former above ground tank and secondary containment wall at Dominion Energy located within buffer zone of coastal bank at 24 Fort Avenue. Meredith Simas states that this application is for a containment wall, not a well. She adds that a #2 fuel diesel tank will be removed. She describes the process stating that there will be very little soil disturbed but the soil under the tank will be studied to ensure that there is no contamination and then the hole will be filled. She adds that the tank has been empty and clean for a number of years. Cornacchio explains that an excavator with a big scissor-like tool will cut the tank and remove it. Duques requests correspondence from an LSP and if any contamination is discovered an NOI will be required. Simas states that hay bales will be installed. Glidden suggests covering the hole until it can be filled. Duques asks if they can create a sluice-way. Simas states that they do not anticipate any contamination because there has been monitoring around that area for many years. Duques asks if the commission would like a silt fence and the members state that hay bales should be sufficient. Glidden states that he is comfortable with this because this site has equipment and personnel that can handle any dangerous situation. Pabich opens to the public. There are no questions or comments. • Glidden: Motion to close the public hearing, seconded by Summer. Cornacchio recuses himself. (Passes 5-0) Conservation Commission Meeting Minutes July 12, 2007 Page 8 of 12 • Glidden: Motion to issue a -3 Determination of Applicability, seconded by Summer. Cornacchio recuses himself. (Passes 5-0) 16. Public Hearing — Reauest for Determination of Applicability - KeySpan Enerav, 175 East Old Country Road, Hicksville, NY 11801. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the installation of a fence located within buffer zone to a coastal bank and land subject to coastal storm flowage, at 20 Pierce Avenue. Saskia Oosting from GEI states that double fencing will be installed around the natural gas storage facility to comply with homeland security requirements. She describes the plans for the fencing installation stating that there is currently a single fence and an additional 8 foot fence will be placed on the property. Duques asks about the liner. Oosting states that it is a clay liner with a 20 mil thickness which would be cut and folded out and filled with concrete around the new posts. There is much discussion about the proper precautions necessary for the liner and Oosting offers to present a letter describing the procedure for the installation of any new posts installed within the perimeter the liner. Blier asks about the location of the gate along the new wall. • Costing points out the gates on the plan. Blier asks if there will be any material change for the gates. Costing says that a shallow trench will be dug for the installation of the gates. Cornacchio opens to the public. There are no questions or comments. Glidden states that a site visit will not be necessary because the members have seen the site. Cornacchio agrees and states that a -3 Determination should be specified. Pabich: Motion to close the public hearing, seconded by Summer. (Passes 6-0) Glidden: Motion to issue a -3 Determination with the conditions that 1) there be confirmation that the designer was consulted and confirms that the installation of the fence will not compromise the liner and 2) if the liner has to be penetrated that the liner will be repaired per the design specifications, seconded by Pabich. (Passes 6-0) 17. Public Hearing — Notice of Intent — Stephen Lovely, 14 Story Street, Salem, MA 01970. • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a driveway, utilities and addition to an existing Conservation Commission Meeting Minutes July 12, 2007 Page 9 of 12 . single family house located within the 100-foot buffer zone at 3 Parallel Street. Property owner Attorney Stephen Lovely of 14 Story Street says he is presenting the plans in the engineer's (Jim MacDowell) absence. He describes the plan, stating that there will be a gravel driveway going to the back of the lot and the existing shed will be removed. He adds that hay bales and a silt fence will be on site. He says that this will be a two- family home. Blier asks if a pathway running from the driveway to the back door will be installed. Lovely says there might be a small stone pathway. Blier states that there is not turn-out in the driveway so the cars will be backing over the grass. Lovely states that he will look into that. Cornacchio suggests scheduling a site visit. Pabich asks if the parking could be bumped out to the side so that it won't need to go too far back. Lovely states that he could try to slide it forward. • Pabich asks him to research and redefine the parking area. Cornacchio opens to the public. P David Ayers of 7 Parallel street states that the proposed parking area was under 2.5 feet of water during the last flood and his garage had almost one foot of water. He adds that this doesn't happen often but when it does happen it is frightening. Ayers states that water always comes into the yards, even in minor storms. Lovely states that he appreciates Ayers' comments. The members agree to a site visit on Monday, July 23, at 5:00 p.m. Pabich: Motion to continue the public hearing until July 26 with a site visit on July 23, seconded by Glidden. (Passes 6-0) 18. Continuation of a Public Hearing — Notice of Intent — DEP #64-461. NL Industries, Inc.. 3 Lincoln Centre, Suite 1700, 5430 LBJ Freeway, Dallas, TX 75240-2697. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the remediation of lead contaminated soil, sediment, and natural • resources areas (including bordering land subject to flooding, riverfront area, land under the ocean, coastal beach, salt marsh, and land subject to coastal storm flowage) at 485 Lafayette Street (site of the former Chadwick Lead Mill). Conservation Commission Meeting Minutes July 12, 2007 Page 10 of 12 • Cornacchio states that Blier and Hamilton were not present for the previous meeting but they listened to the recording of the meeting and signed an affidavit of understanding which qualifies them to vote on the application. Daniel Garson of Woodard & Curran explains that the Marblehead portion of the bike trail will not be cleaned up because the City of Marblehead denied their application. He describes the exact site to be cleaned and treated. Cornacchio asks if the slurry method of remediation has worked in the past. Garson states that it has worked before. He describes the application and oversight process with various local, state and federal authorities. He states that this must be completed by June 2009. Cornacchio confirms that the bike trail in Marblehead will not be cleaned because Marblehead has not given them permission. Much discussion ensues about the Marblehead property. Garson describes the results of testing for exposure risks, stating that there were no risks found. • Duques asks for a copy of the study and Garson agrees to provide this. Cornacchio confirms that there will be additional testing after the remediation. He asks about the sea boom. Charlotte Cogswell, Engineer for CR Environmental, states that it is a sea curtain attached to a float. Garson states that this project will take about 2 months following all of the approvals. Michael Battistelli, Project Manager for Woodard & Curran, explains that they will work in 20-foot strips to prohibit any contaminants from washing back to the clean area. Cogswell describes the process of excavation and regarding of the salt marsh. She explains that they are creating an artificial substrate mimicking the data they collected. She displays the diagram of the replanting which will occur after the cleaning. She shows another diagram of the erosion control mat and the plantings for the Marblehead sides. Duques asks if the mat will be removed. Cogswell states that it will not be removed because it will anchor itself and become part of the bank to prevent erosion. eBattistelli states that they will use field equipment which can be placed on the ground and can instantly detect lead (within about 2 minutes). He adds that if, prior to project completion, a storm disturbs a strip that has already been cleaned they may have to Conservation Commission Meeting Minutes July 12, 2007 Page 11 of 12 • return to that strip to clean it again. He says that the Salem portion clean up will probably be completed in one tide cycle. He adds that after cleaning they will test soil samples before back filling, which means that the area will be bare for about 1 or 2 weeks. Pabich asks about the siltation curtain. Cogswell states that it is on a floating boom. She states that it probably will not function during significant ice events, but they may be finished before any significant ice event. Pabich asks about the cost and Garson states that the cost is significant but they have no estimated costs. Battistelli describes the clean up operation. Attorney Mark Roberts, representing the Glover Estate, states that the riverfront area is being covered under Chapter 91. Duques asks why the highly contaminated soil will not be removed. Garson states that it is because it is being treated in-situ. Pabich asks about the process for cleaning the trucks. He asks what will happen to the water that washes off the trucks. • Cornacchio opens to the public. Mark Roberts representing the Glover Estate states that they haven't worked out an access agreement because some prior cleaning did not meet all of the standards. He encourages the Commission to have a consultant look into this prior to any decision. Robert Kalis of 84 Robert Road, Marblehead speaks in favor of this project. Garson responds to Roberts' comments stating that providing the information to the public is the critical issue. He states that they have had a PIP (Public Information Process) in place for 5 years. He adds that all of the issues raised by Roberts will be addressed. Cornacchio states that he is pleased that the DEP is an overseeing body on this project. Roberts states that some of the resources that are being affected by this project are Salem's resources. He states that they should not fall back on DEP for oversight. The members agree on a site visit on Saturday, July 21, at 11:00 a.m. Cornacchio reads a letter into the record from Ted Tobin in which he expresses his concerns about the project. • Glidden: Motion to continue this public hearing until July 26 with a site visit on July 21, seconded by Pabich. (Passes 6-0) Conservation Commission Meeting Minutes July 12, 2007 Page 12 of 12 Old/New Business 19. Reauest for Certificate of Compliance DEP #64-413, 18 Thorndike Street. Duques does not recommend issuing a Certificate of Compliance because the silt fence is still up. She adds that everything else is ready to go. 20. Jengle Island Duques states that she sent a letter about Jeggle Island today. 21. Public Access Signs Duques states that the company that makes the public access signs has delayed her order and she wishes to use signs similar to those used in Beverly. The members agree that Duques can order the new signs. Glidden: Motion to adjourn, seconded by Pabich. (Passes 6-0) The meeting is adjourned at 10:40 p.m. • R �toNDtTq�r VW {15 �s CITY OF SALEM INY.: CONSERVATION COMMISSION hJ NOTICE OF MEETING y r; 'r You are hereby notified that the Salem Conservation Commission will hold its regularly='scheduledf' meeting on Thursday,July 26, 2007 at 6:00 pm at City Hall /Annex, Room 33113, 120 Washill'iOn Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—July 12 2. Public Hearing—Notice of Intent—City of Salem,93 Washington Street,Salem,MA 01970. The purpose of this hearing is to discuss the development of an approx. 10 foot wide, 1,000 foot long pedestrian walkway, landscaping, and seawall installation and repairs, adjacent to and within the • South River. 3. Continuation of a Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust, P.O Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the boulder wall grading and landscaping of in the buffer zone of BVW on proposed construction of a bo , gr g p g Lot 19 on Amanda Way off of Marlborough Road. 4. Continuation of a Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust, P.O Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed grading and landscaping of in the buffer zone of BVW on Lot 39 on Amanda Way off of Marlborough Road. 5. Continuation of a Public Hearing— Notice of Intent— DEP #64-455 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, landscaping and grading in the,buffer zone of BVW on Lot 38 Amanda Way off of Marlborough Road. 6. Public Hearing— Notice of Intent— DEP #64-456 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,driveway,landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road. • 7. Public Hearing—Notice of Intent—DEP#64-457 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,landscaping and grading in the buffer zone of BVW on Lot 18 Amanda This notice posted on "Offici 3l Bulletin fts " City Hall Salon), aA' c!:' on �J"Ll 17 a°Co 7 E c ; +T`.e.vmk'vChap. 'le Sea 23A a 236 of M.GLL. • Way off of Marlborough Road. 8. Public Hearing— Notice of Intent— DEP#64-458 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, landscaping and grading in the buffer zone of BVW on Lot 17 Amanda Way off of Marlborough Road. 9. Public Hearing— Notice of Intent— DEP #64-459 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, landscaping and grading in the buffer zone of BVW on Lot 16 Amanda Way off of Marlborough Road. 10. Continuation of a Public Hearing Notice of Intent—Stephen Lovely, 14 Story Street,Salem,MA 01970. The purpose of the hearing is to discuss the construction of driveway,utilities and addition to an existing single–family house at 3 Parallel Street. The proposed project will be located within the 100-foot buffer zone. 11. Continuation of a Public Hearing—Notice of Intent— DEP #64-461 NL Industries, Inc. 3 Lincoln Centre, Suite 1700,5430 LBJ Freeway,Dallas,TX,75240-2697. The purpose of the hearing is to discuss the remediation of lead contaminated soil, sediment, and natural resource areas (including bordering land subject to flooding,riverfront area,land under the ocean,coastal beach,salt • marsh, and land subject to coastal storm flowage)at 485 Lafayette Street(former Chadwick Lead Mill). 12. Public Hearing—Notice of Intent—DEP #64-643— Ann and Paul O'Shea and Douglas and Jean Karam 15 and 25 Winter Island Road, Salem, MA 01970. The purpose of this hearing is to discuss the rebuilding of a riprap seawall at 15 and 25 Winter Island Road. 13. Public Hearing—Notice of Intent—DEP#64-644—David Pabich 8 Harbor View Terrace Salem, MA 01970. The purpose of this hearing is to discuss beach nourishment at 8 Harbor View Terrace. 14. 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 revised proposal for construction of residential and stormwater management facilities associated with a subdivision off Clark Avenue To be continued until September 13, 2007. 15. Old/New Business • Notice of Project Change City of Salem installation of sidewalk along west ramp connecting North Street to Bridge Street. • Request for Certificate of Compliance DEP #64-372- Stephen Lovely 14 Story Street for construction of a retaining wall fence and landscaping in the buffer zone to stabilize existing slope. • • Request for a Certificate of Compliance DEP #64-413 18 Thorndike Street Patrick DeIulis remediation of parcel. Page 2 of 2 ` `CUNU17Aq�1's CITY OF SALEM CONSERVATION COMMISSION • 9FC/MINCt�aP Cr NOTICE OF MEETING 13 You are hereby notified that the Salem Conservation Commission will hold its regularly tseheduled meeting on Thursday,July 26,2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. 4F,-, ?/ & Kevin P. Cornacchio, Conservation Commission Chairman REVISED Agenda: 1. Meeting Minutes—July 12 2. Public Hearing—Notice of Intent—City of Salem,93 Washington Street,Salem,MA 01970. The purpose of this hearing is to discuss the development of an approx. 10 foot wide, 1,000 foot long pedestrian walkway, landscaping, and seawall installation and repairs, adjacent to and within the • South River. 3. Emergency Certification—City of Salem, 120 Washington Street,Salem,MA 01970. The purpose of this is to request an emergency certification for the immediate repair of a 36 inch water main located on the banks of the North River. 4. Continuation of a Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust, 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 of in the buffer zone of BVW on Lot 19 on Amanda Way off of Marlborough Road. 5. Continuation of a Public Hearing—Request for Determination of Applicability—Osborne Hills Realty Trust, P.O Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed grading and landscaping of in the buffer zone of BVW on Lot 39 on Amanda Way off of Marlborough Road. 6. Continuation of a Public Hearing— Notice of Intent— DEP #64-455 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, landscaping and grading in the buffer zone of BVW on Lot 38 Amanda Way off of Marlborough Road. 7. Continuation of a Public Hearing— Notice of Intent— DEP #64-456 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,driveway,landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road. • 8. Continuation of a Public Hearing— Notice of Intent— DEP #64-457 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, landscaping and grading in the buffer zone of BVW on Lot 18 Amanda Way off of Marlborough Road. 9. Continuation of a Public Hearing— Notice of Intent— DEP #64-458 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, landscaping and grading in the buffer zone of BVW on Lot 17 Amanda Way off of Marlborough Road. 10. Continuation of a Public Hearing— Notice of Intent— DEP #64-459 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, landscaping and grading in the buffer zone of BVW on Lot 16 Amanda Way off of Marlborough Road. 11. Continuation of a Public Hearing Notice of Intent—DEP#465 Stephen Lovely, 14 Story Street, Salem,MA 01970. The purpose of the hearing is to discuss the construction of driveway,utilities and addition to an existing single–family house at 3 Parallel Street. The proposed project will be located within the 100-foot buffer zone. 12. Continuation of a Public Hearing—Notice of Intent— DEP #64461 NL Industries, Inc. 3 • Lincoln Centre,Suite 1700,5430 LBJ Freeway,Dallas,TX,75240-2697. The purpose of the hearing is to discuss the remediation of lead contaminated soil, sediment, and natural resource areas (including bordering land subject to flooding,riverfront area,land under the ocean,coastal beach,salt marsh,and land subject to coastal storm flowage)at 485 Lafayette Street(former Chadwick Lead, Mill). 13.Public Hearing—Notice of Intent—DEP #64-643—Ann and Paul O'Shea and Douglas and Jean Karam 15 and 25 Winter Island Road, Salem, MA 01970. The purpose of this hearing is to discuss the rebuilding of a riprap seawall at 15 and 25 Winter Island Road. 14. Public Hearing—Notice of Intent—DEP#64-644—David Pabich 8 Harbor View Terrace Salem, MA 01970. The purpose of this hearing is to discuss beach nourishment at 8 Harbor View Terrace. 15. 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 revised proposal for construction of residential and stormwater management facilities associated with a subdivision off Clark Avenue To be continued until September 13,2007. 16. Old/New Business • Notice of Project Change City of Salem installation of sidewalk along west ramp connecting North Street to Bridge Street. • • Request for Certificate of Compliance DEP #64-372- Stephen Lovely 14 Story Street for construction of a retaining wall fence and landscaping in the buffer zone to stabilize existing slope. Page 2 of 3 • Request for a Certificate of Compliance DEP #64-413 18 Thorndike Street Patrick DeIulis remediation of parcel. • Vote to accept the draft Open Space and Recreation Plan. • � . A • This notice postod cr O,{%�st3 �3i5i1�t?rj �aar� city 711 Safari P� ,s n ut 4 4 2007 ' )7 is c�a.wrfr .z ,.,� `, �, f $?. 3. N ISS . 23A A 236 o4M.G.L. Page 3 of 3 • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, July 26, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Amy Hamilton, David Pabich, David Summer Members Absent: Michael Blier, Joseph Furnari, Keith Glidden Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Aooroval of Meeting Minutes: July 12 Meeting The members review the minutes from the July 12 meeting. Pabich: Motion to approve the minutes from the July 12 meeting, seconded by Summer. (Passes 4-0) • 2. Public Hearing: Notice of Intent — City of Salem, 93 Washington Street Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the development of an approximately 10 foot wide, 1,000 foot long pedestrian walkway, landscaping, and seawall installation and repairs, adjacent to and within the South River. Susan St. Pierre from Vine Associates, representing the City of Salem, presents the graphic images of the proposed harbor walkway and describes the plans. She states that it would be a 10 foot clear concrete walkway along the edge of the South River. She adds that the walkway will cantilever over the river near the Mass Electric Property. Frank Taormina representing the City of Salem states that there will be a park next to the Mass Electric Property which will have some screening but there will not be screening along the walkway. St. Pierre shows the plan for the ramp up to the Congress Street Bridge and describes the method of construction. She states that it has been designed by a structural engineer. Pabich expresses concern about the structural integrity of the bridge and St. Pierre states that she will look into that and get back to him. • St. Pierre states that the stormwater on the walkway will sheet flow toward the river. Conservation Commission Meeting Minutes July 26, 2007 Page 2 of 12 • Pabich expresses concern about the proper drainage for the walkway and suggests putting more attention into the direction of flowage. Taormina states that the Seaport Council will fund this project with the City local match. St. Pierre states that all of the work will be done from the land. Duques asks about the minor sea wall repairs. St. Pierre states that there are some stones that have fallen out of the sea wall and those will be replaced. Cornacchio asks about the sheet pile wall. St. Pierre states that the existing wall and the new wall will be tied together and the area between the two will be filled with gravel. Cornacchio opens up the meeting to the public. There are no questions or comments. The members agree to have a site visit on September 13 at 5:00 p.m. Summer: Motion to continue this public hearing until September 13 with a site visit prior to the meeting, seconded by Pabich. (Passes 4-0) • 3. Emergency Certification: City of Salem, 120 Washington Street, Salem MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to request an emergency certification for the immediate repair of a 36 inch water main located on the banks of the North River. City Engineer David Knowlton presents the plans for the work to be done. He states that they intend to repair a 36 inch water main at the North River. He adds that a crew did some work during the past week to repair the bridge. He says the they will excavate down to the 36 inch main and shut it down, then do the repairs, then open it again, then backfill. He says that it is a 30 foot wide barge from North Shore Marine which will have a crane with a clam shell bucket and a small excavator on it. Cornacchio states that there must be spill kits on the barge. Cornacchio opens to the public. There are no questions or comments. Cornacchio confirms that Duques will be observing the work. Duques states that the Commission can set conditions on this Emergency Certificate and the work must be completed within 30 days. Hamilton asks how the equipment will be fueled. Conservation Commission Meeting Minutes July 26, 2007 Page 3 of 12 • Cornacchio suggests setting a condition that the equipment have full fuel tanks prior to being placed on the barge. Pabich: Motion to close this public hearing, seconded by Summer. (Passes 4-0) Summer: Motion to issue an emergency certificate with the above noted condition, seconded by Hamilton. (Passes 4-0) 4. Continuation of a Public Hearing: Request for Determination of Applicability — Osborne Hills Realty Trust, P.O. Box 780, Lynnfield MA 01940 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a boulder wall, grading and landscaping in the buffer zone of BVW on Lot 19 Amanda Way off of Marlborough Road. Engineer Jim MacDowell with Eastern Land Survey Associates describes the lot stating that the buffer zone is in the northwest corner, with a maximum wall height of 8.5 feet. He describes the work set backs and the roof recharge location. He describes the vegetation as brushy. Duques describes the language which will be included in the deed and the association documents. She reads the suggested language. Much discussion ensues about the language in the association documents. Owner DiBiase agrees to amend the documents as each lot issues and NOI. Duques states that the wall must have a building permit. Cornacchio opens to the public. There are no questions or comments. The members agree to use a -3 on this lot. Pabich: Motion to issue a -3 Determination with the special condition that they include the specified language in the condominium association documents, seconded by Hamilton. (Passes 4-0) S. Continuation of a Public Hearing: Request for Determination of Applicability - Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed grading and landscaping in the buffer zone of BVW on Lot 39 Amanda Way off of Marlborough Road. MacDowell describes the lot and states that there is no wall construction but there will be some re-grading 78 feet from the resource area. He adds that they do not propose roof • recharge. He points out an oak tree on the property stating that they intend to keep the tree in place. Conservation Commission Meeting Minutes July 26, 2007 Page 4 of 12 • Duques asks about the line of work being delineated. MacDowell states that the silt fence will be the line of work. Duques asks if there could be orange snow fencing around the tree. MacDowell agrees to this and states that this can be a condition for the RDA. Pabich states that there is a wall between Lot 38 and 39. Cornacchio opens to the public. Summer: Motion to close the public hearing, seconded by Hamilton. (Passes 4-0) Summer: Motion to issue a -3 Determination with the above noted conditions, seconded by Hamilton. (Passes 4-0) 6. Continuation of a Public Hearing: Notice of Intent — DEP #64-455 - Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a retaining wall, landscaping and grading in the buffer zone of BVW on lot 38 Amanda Way off of Marlborough Road. • MacDowell describes the lot and roof recharge. He states that there is a 6 inch oak which they can save. He agrees to place construction fencing around the tree to protect it during the construction. Duques states that there should be a ratio of 3 trees (3.5 inches in caliper) for each one foot of tree caliper removed. Owner DiBiase requests that the Commission allow him to replace the trees with 2.5 inch caliper trees and the members agree to permit this. He requests that there be a 2/1 ratio instead of 3/1. He asks why they are considering a tree that is outside the buffer. Cornacchio states that there is a canopy concern. Pabich states that they can issue the 2/1 condition for just this lot in the interest of moving forward. He adds that he would like to hear Michael Blier weigh in on this issue. The members agree with Pabich on the 2/1 ratio for this lot only. Cornacchio opens to the public. Pabich: Motion to close the public hearing, seconded by Summer. (Passes 4-0) • Duques confirms the condition for the replacement of trees at a 2/1 ratio so there will be two 2.5 inch caliper trees for each 1 foot of caliper trees removed. Conservation Commission Meeting Minutes July 26, 2007 Page 5 of 12 • Pabich: Motion to issue an order of conditions with the above noted conditions, seconded by Summer. (Passes 4-0) 7. Continuation of a Public Hearing: Notice of Intent — DEP #64-456 - Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, driveway, landscaping and grading in the buffer zone of BVW on Lot 37 Amanda Way off of Marlborough Road. MacDowell states that this lot is completely in the buffer zone and will be clear cut. He points out the retaining wall. He describes the location of the house and the wetland. He suggests handling the trees on a lot by lot basis which can be determined at the pre- construction meeting. Cornacchio agrees to have a tree inventory at the pre-construction meeting. Pabich asks if new trees can be placed on the surface over the pump station. MacDowell states that it will be possible. Duques mentions the 401 water quality certificate. • DiBiase states that they are in the final stages of concluding that statement. Pabich requests language which protects the replication trees in a landscaped area. Duques agrees to use this language in the association documents. MacDowell describes the wall which will begin at existing grade and rise up to about 4 feet and end at ground level. Cornacchio asks about building the boulder wall at an angle. Duques states that it will not follow the property line but will be built at an angle to prevent erosion. Pabich suggests shifting the wall slightly to avoid concentrated flow at the base of the wetland. MacDowell states that he must look at that more closely in the field. DiBiase agrees to clip the corner of the wall on the south corner. Cornacchio opens to the public. There are no questions or comments. • Pabich: Motion to close the public hearing, seconded by Summer. (Passes 4-0) Conservation Commission Meeting Minutes July 26, 2007 Page 6 of 12 • Duques recaps the special conditions which include: 1. The corner of the wall will be clipped to avoid concentrated flow at the base of the wetland. 2. Trees will be placed over the surface of the pump station. 3. A tree inventory will be taken at the pre construction meeting. 4. The condominium association documents will contain language to protect the replication trees in the landscaped areas. Pabich: Motion to issue an Order of Conditions with the above noted conditions, seconded by Summer. (Passes 4-0) Pabich states that the resource area markers will be carried over on all of these lots. 8. Continuation of a Public Hearing: Notice of Intent — DEP #64-457 - Osborne Hills Realty Trust, P.O. Box 780. Lvnnfield, MA 01940 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 18 Amanda Way off of Marlborough Road. MacDowell describes the lot stating that less than 50 percent is in the buffer zone. He • states that there will be a roof recharge, and describes the setbacks. He describes the vegetation as brushy. Duques suggests replanting on the other side of the property line to prevent homeowners from cutting them down. Cornacchio asks Duques to remind Blier that we need further information from him about the replacement plan. Cornacchio opens to the public. There are no questions or comments. Summer: Motion to close the public hearing, seconded by Pabich. (Passes 4-0) Summer: Motion to issue and Order of Condition with the specified conditions consistent with all of the other lots, seconded by Pabich. (Passes 4-0) 9. Continuation of a Public Hearing: Notice of Intent — DEP #64-458 - Osborne Hills Realty Trust, P.O. Box 780, Lvnnfield, MA 01940 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 17 Amanda off of Marlborough Road. • MacDowell describes the lot, the wall, the setbacks and the roof recharge area. Conservation Commission Meeting Minutes July 26, 2007 Page 7 of 12 • Duques reviews her notes on the loss of trees. Cornacchio opens to the public. There are no questions or comments. Pabich asks about the swale. MacDowell states that it will flatten out as it goes across the back. Pabich asks about the detail at the top of the wall. DiBiase states that he will use fabric and crushed gravel. Pabich: Motion to close the public hearing, seconded by Hamilton. (Passes 4-0) Summer: Motion to issue an Order of Conditions with the same conditions as the above lots, seconded by Hamilton. (Passes 4-0) 10. Continuation of a Public Hearing: Notice of Intent — DEP #64-459 - Osborne Hills Realty Trust, P.O. Box 780, Lynnfield, MA 01940 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of a single family home, retaining wall, landscaping and grading in the buffer zone of BVW on Lot 16 Amanda Way off of • Marlborough Road. MacDowell describes the lot, the set backs, and the recharge area. He adds that there is at least one tree to pay attention to. He states that the wall will be decreased to the grade. Summer: Motion to close the pubic hearing, seconded by Hamilton. (Passes 4-0) Summer: Motion to issue an Order of Conditions with the same conditions as the above lots, seconded by Hamilton. (Passes 4-0) Duques states that the next step for Osborne Hills would be to attain a Partial Certificate of Compliance. 11. Continuation of a Public Hearing: Notice of Intent — DEP #64-465 — Stephen Lovely, 14 Story Street, Salem MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of driveway, utilities and addition to an existing single family house at 3 Parallel Street, located within the 100-foot buffer zone. Attorney and owner Stephen Lovely states that he has removed the parking from the rear and two crabapple trees will come down. He states that they will not place the deck on the • existing dwelling. He adds that he will remove the hot-top that is there and replace it with crushed stone. Conservation Commission Meeting Minutes July 26, 2007 Page 8of12 • Cornacchio states that they want some swale there to catch all debris and prevent it from going into the wetlands. Pabich states that there was once a sewer manhole that had holes in it to act as a catch basin. Lovely says that he doesn't know anything about that. He adds that he is talking to the neighbors and planting trees along the border. He states that the shed will be removed and the area will be planted with grass. Pabich states that there should be compensatory flood storage on large subdivisions, but it would not apply to this property. He adds that he would like Lovely to be aware of this. Cornacchio states that the other property owned by Lovely will have a Certificate of Compliance issued tonight, so it is OK to issue the NOI on this property. Cornacchio opens to the public. There are no questions or comments. Pabich: Motion to close this public hearing, seconded by Hamilton. (Passes 4-0) Pabich: Motion to issue an Order of Conditions provided that the proposed deck will be removed from the plans, and the hot-top will be removed and replaced with crushed stone, and grass will be planted in the area where the shed is removed, seconded by • Summer. (Passes 4-0) 12. Continuation of a Public Hearing: Notice of Intent — DEP #64-461 — NL Industries, Inc. 3 Lincoln Centre, Suite 1700, 5430 LBJ Freeway Dallas TX 75240-2697 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the remediation of lead contaminated soil, sediment, and natural resource areas (including bordering land subject to flooding, riverfront area, land under the ocean, coastal beach, salt marsh, and land subject to coastal storm flowage) at 485 Lafayette Street (former Chadwick Lead Mill) Daniel Garson of Woodard and Curren distributes a document containing comments and question for people at the last meeting. The members review the document. Garson states that these comments covered 2 areas which are MCP issues and not in the interest of the Commission. He adds that this is controlled so that there can not be any residential use on this property. Cornacchio states that he is satisfied with that. Garson goes on to summarize the list of comments. He reviews the clean up process on the beach. He describes the access route and the truck decontamination area. Pabich• requests a coffer dam be installed to isolate the area on the harbor side. Garson states that the work will only be done at low tide and the equipment on the harbor Conservation Commission Meeting Minutes July 26, 2007 Page 9 of 12 • side will be smaller to that used on the ocean side. He suggests using a seed mix after the project is complete. Pabich requests that there be a restoration plan for the harbor area. He request an inventory be taken prior to the work. He expresses concern about the wall. Garson states that he cannot design for the calamity, only for a normal procedure and what would typically occur. He adds that they can attempt to install a boom. Pabich states that he would like sheet piles. Garson states that the impact would be substantial to that area and he would not get approval from the corps for that. Pabich expresses discomfort with this project stating that he feels that it hasn't been examined enough. He states that the turbulent flow that is the pending problem and suggests putting up the tide gates. Garson agrees to look into that as well as the inventory and the restoration plan. He asks Duques to contact the person that regulates the tide gates. He agrees that the silt curtain would work if the tide gates are up. Cornacchio states that this is a great solution. • Pabich states that he would also like to see work done in a dryer setting and Garson agrees to look into this. He describes the slurry process. Cornacchio asks for a copy of the exposure risks study results and Garson agrees to give Duques a copy. Cornacchio asks why Marblehead would not give them permission. Garson states that Marblehead has asked for cleanup beyond the MCP standards and they wish to go to background. He adds that they have scheduled negotiations. Pabich asks Garson to describe the vehicle cleaning procedure. Garson states that the truck-decon area will be entirely enclosed and self-contained and the particles that wash off will be treated on site and safely disposed. Cornacchio opens to the public. Attorney David Cetola of Roberts, McRoberts and Rainer, L.L.P., states that the company should hire an LSP and he strongly encourages the Commission to watch this project closely to verify compliance. Bob Kalis of 84 Robert Road, Marblehead speaks in favor of the project and stresses the urgency to get something done on this contamination issue. • Hamilton expresses concern about the area behind the wall not being compacted. Conservation Commission Meeting Minutes July 26, 2007 Page 10 of 12 • Pabich agrees with Hamilton and suggests that they do not close this hearing tonight because he would like to see some restoration plans and some clarifications on some other issues which were raised tonight. Garson states that he would rather let it settle on its own. He adds that they may have to do something but he cannot say at this point exactly what will be done. He agrees to look into this and get back to the Commission. Pabich expresses a desire for a peer review. He expresses concern about the problems that could happen to the wall. He suggests placing a coffer dam across the mouth of the harbor to allow them to work in the dry. Garson offers to come back with some responses to the issue which have been raised. Pabich and Garson discuss the coffer dam at length. Hamilton recommends having a 3`d party review. They discuss this possibility and Garson expresses his desire to move this along. Attorney David Cetola states that there is no DEP oversight because they are not approving every stage of the process. He urges the Commission to have a 3rd party peer review. • The members discuss their thoughts on the peer review issue. Garson suggests that the Commission grant the Order in the resource area and defer the question in the upland pending further information. Duques states that the Notice of Intent could be adjusted so that the Commission could approve the clean up of the beach. Garson asks how the Commission funds the peer review. Pabich states that the applicant pays for it. Garson states that the will have to take it under advisement because he has not spoken to his client. Much discussion ensues about the peer review. All members agree to have a peer review for this project. Pabich: Motion to continue this hearing until September 27, seconded by Summer. (Passes 4-0) 13. Public Hearing: Notice of Intent — DEP #64-463 — Ann and Paul O'Shea and • Douglas and lean Karam, 15 and 25 Winter Island Road, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this Conservation Commission Meeting Minutes July 26, 2007 Page 11 of 12 • hearing is to discuss the rebuilding of a riprap seawall at 15 and 25 Winter Island Road. Peter Blaisdell of Hayes Engineering displays the plans and distributes photos and describes the project. He states that there is 72 feet of coastal bank. He says that the maximum slope of that wall will be 1/1 but most will be shallower. He says that they would like to stabilize the area into the right-of-way. Ann O'Shea states that she will keep the original rocks and bring them forward as a breakwater but they will not go any further into Juniper Cove than they are currently. Summer states that he is in favor of this project if it will stabilize this area. Blaisdell states that the smaller stones will be used to chink between the larger stones. Paul O'Shea states that most of those stones will go in back of the larger stones. Jean Karem asks that they make a site visit to the City's other right-of-way and to make suggestions to the City as to how they can treat the erosion issue there. The members agree to a site visit on September 13 at 4:00 p.m. Blaisdell asks the Commission to close the public hearing tonight. • Cornacchio states that they normally have the site visit first and then they might close down the public hearing at the next meeting. Pabich states that he as been to the site and he is comfortable with this design. Cornacchio opens to the public. There are no questions or comments. Summer: Motion to continue this public hearing until September 13 with a site visit before that meeting, seconded by Hamilton. (Passes 4-0) 14. Public Hearing: Notice of Intent — DEP #64-464 — David Pabich, 8 Harbor View Terrace, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss beach nourishment at 8 Harbor View Terrace. Due to the lack of a quorum Cornacchio continues this hearing until September 13. 15. Public Hearing: Notice of Intent — DEP #64-434 — Town and Country Homes, 532 Lowell Street Peabody, MA 01960 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the revised proposal for construction of residential and stormwater • management facilities associated with a subdivision off of Clark Avenue. Cornacchio continues this hearing until September 13. Conservation Commission Meeting Minutes July 26, 2007 Page 12 of 12 Old/New Business 16. Notice of Project Change: City of Salem - Installation of sidewalk along west ramp connecting North Street to Bridge Street Duques states that they will make improvements to the traffic island by installing a sidewalk from the crosswalk to North Street, and adding plantings to the island which will result in a net decrease of 27 square feet of impervious surfaces. Summer: Motion to approve the project change, seconded by Hamilton. (Passes 4-0) 17. Reauest for Certificate of Compliance: DEP #64-372 - Stephen Lovely, 14 Story Street for construction of a retaining wall fence and landscaping in the buffer zone to stabilize existing slope. Duques displays the proposed plan and describes the project and recommends a full certificate of compliance. Summer: Motion to issue a Certificate of Compliance, seconded by Hamilton. (Passes 4-0) • 18. Request for Certificate of Compliance: DEP #64-413 - 18 Thorndike Street Patrick DeIulis, remediation of parcel. Duques recommends issuing a full Certificate of Compliance. Summer: Motion to issue a Certificate of Compliance, seconded by Hamilton. (Passes 4-0) 19. Vote to accept the draft of the Open Space and Recreation Plan. Duques states that she drafted a letter, signed by Cornacchio, in support of the Open Space and Recreation Plan. Summer: Motion to Adjourn, seconded by Hamilton. (Passes 4-0) The meeting is adjourned at 11:00 p.m. • CITY OF SALE] � 1._ ae �i N��- � CONSERVATION COMMISSION ��rZUS'D�`j NOTICE OF SPECIAL MEETING -- You are hereby notified that the Salem Conservation Commission will hold a special meeting Thursd r P g;; {sp.- August 23,2007 at 6:00 pm at City Hall Annex, Room 313, 12Zwsl' ington treet. Fri n Kevin ornacchio, Conservation Commission Chairman MEETING AGENDA 1. Selection of Firm to Complete Peer Review of DEP #64-461485 Lafayette Street, Salem, former • Chadwick Leadmills Site. Remediation of site including marsh, coastal beach, land under the ocean, coastal bank, and land subject to flooding. This notlo® posted on "Official Bull. tin Board" City Hall : -;,, MRSS. on at /o.�4 A� yp{'•y y�� gyC y Kis da�7 i d W'cco 4�Gi.1 ani mij) P. / 23A & 236 of M.0 L. • • Salem Conservation Commission Special Meeting Minutes of Meeting Date and Time: Thursday, August 23, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Keith Glidden, David Pabich' David Summer Members Absent: Michael Blier, Joseph Furnari, Amy Hamilton Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Selection of Firm to Complete Peer Review of DEP #64-461 485 Lafayette Street. Salem. former Chadwick Leadmills Site. Remediation of site including marsh, coastal beach, land under the ocean, coastal bank and land subject to flooding. Duques provides an overview of the two firms that submitted a bid for the peer review • (Epsilon Associates Inc. and Tetra Tech EC, Inc.) She states that the lowest bid came from Epsilon. Cornacchio states that the Commission has had work done by Epsilon in the past and they did a great job. Duques recommends using Epsilon. Cornacchio opens to the public. Attorney Daniel Garson of Woodard & Curran, representing N.L. Industries, Inc. states that he has reviewed the scopes of work and is satisfied with the description of the project. He adds that that N L Industries is currently working on a project with Tetra Tech so that it might be better for the City to use Epsilon for the peer review. He says that he has a check to pay for the peer review. He requests that he see the report from Epsilon so that he can respond to their comments. He request that the report be completed by September 24 to allow time to review before the meeting on September 27. Duques agrees to this. Garson presents the check to Duques. He presents a letter to the members for their review prior to the next meeting. • Summer: Motion to close the public hearing, seconded by Glidden. (Passes 4-0) Pabich: Motion to hire Epsilon Associates Inc. to conduct the peer review, seconded Conservation Commission Meeting Minutes August 23, 2007 Page 2 of 2 • by Summer. (Passes 4-0) Pabich: Motion to adjourn, seconded by Glidden. (Passes 4-0) The meeting is adjourned at 6:21 p.m. • • �CONDIT�,�O �¢ CITY OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING .fou are hereby notified that the Salem Conservation Commission will hold its regularly scheduled \3#eeet. on T7Eursday,September 13,2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington street. � ,moo �j Q �l ni � 1Lm20'GC/it l�O en -° Kevin P. Cornacchio, Conservation Commission Chairman Te4rive Agenda: I. Meeting Minutes—July 26 and August 23 2. Continuation of a Public Hearing— Notice of Intent—DEP #64466—City of Salem, 93 Washington Street,Salem,MA 01970. The purpose of this hearing is to discuss the development of a Habrowalk to extend along the southern banks of the South River. The walkway will be approx. 10 feet wide, 1,000 feet long, with associated landscaping. Proposed work along with seawall repairs • will occur adjacent to and within the South River. 3. Continuation of a Public Hearing—Notice of Intent—DEP#64463—Ann and Paul O'Shea and Douglas and Jean Karam 15 and 25 Winter Island Road,Salem, MA 01970. The purpose of this hearing is to discuss the rebuilding of a riprap seawall at 15 and 25 Winter Island Road. 4. Public Hearing—Notice of Intent—DEP#64464—David Pabich 8 Harbor View Terrace Salem, MA 01970. The purpose of this hearing is to discuss beach nourishment at 8 Harbor View Terrace. 5. Public Hearing—Notice of Intent—Eleanor Lee Hughes,3 Everett Road Salem,MA 01970. The purpose of this hearing is to discuss a proposed addition and deck to an existing single family home located within the buffer zone of a coastal bank at 3 Everett Road. 6. Public Hearing— Request for Determination of Applicability— Bob Dunham 65 Jefferson Avenue Salem, MA 01970. The purpose of the hearing is to discuss the proposal for installing a 5 foot by 2 foot by 20 foot long section of gravel as well as wild flower plantings. Two areas will be located within a Riverfront Area at 65 Jefferson Avenue. 7. Public Hearing— Request for Determination of Applicability— National Grid 170 Medford Street Malden, MA 02148. The purpose of the hearing is to discuss the proposal for installing four new poles and one associated anchor along the northern shoulder of Planters Street. '08. Public Hearing—Notice of Intent—DEP#64434—Town and Country Homes 532 Lowell Street Peabody, MA 01960. The purpos e ht"gi as re City Hall aletii, e1rs. , { 7 a1 G tc.a. sea .; �3A & 23B ®f M.G.L. z stormwater basins for a 26-lot subdivision off Clark Avenue. 9. Old/New Business • Review of project DEP#64-371-Osborne Hills Realty Trust-71 Marlborough Road. Issuance of Invalid Certificate of Compliance, because U P SACE deemed isolated wetlands etiands as non jurisdictional • Request for an Extension for DEP#64-152-Atlantic Paving,Norman Dubie---4 Technology Way • Discussion of material stored along North River • Discussion of dumping on Con com land off Intervale Road • Discussion of activities at the end of Story Street, in resource area adjacent to 15 Story Street • Exempt activity at 120 Leach Street, per 310 CMR 10.02(2)(b)l.e., in-kind replacement of existing deck, railings and deck boards • Request for funding for Agent to attend Low Impact Development Workshop • Page 2 of 2, • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, September 13, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Michael Blier, Keith Glidden, David Pabich Members Absent: Joseph Furnari, Amy Hamilton, David Summer Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Approval of Minutes — July 26 and August 23 Meetings Pabich: Motion to table the minutes until the September 27 meeting, seconded by Glidden. (Passes 4-0) 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-466 — City of Salem, 93 Washington Street, Salem, MA 01970 • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the development of a harborwalk to extend along the southern banks of the South River. The walkway will be approximately 10 feet wide, 1,000 feet long, with associated landscaping. Proposed work along with seawall repairs will occur adjacent to and within the South River. Susan St. Pierre from Vine Associates provides an overview of the project which includes a public landscaped plaza on Derby Street. Cornacchio asks about the old timber piles. Engineer David Smith states that they have no plans to remove the timber piles, but they can be cut down to grade. Cornacchio states that he would like to keep them for the integrity of the wall. He asks if the flag pole will remain. St. Pierre states that they will try to keep the flag pole in place. Smith explains the means of securing the sheet piles. He says they don't need much tie- back, and there will be crushed stone in between. • Pabich asks about the runoff. Conservation Commission Meeting Minutes September 13, 2007 Page 2of10 Smith states that it slopes toward Peabody Street for most of the walk except at the • Congress Street parking lot. He adds that there will be a vegetative berm with a drain pipe inside the berm. Pabich asks about details for the vegetative berm. Smith states that there will be a drain pipe every 25 feet along the berm which will catch the water. Pabich states that he would rather see a perforated pipe running along the length of the berm along the gravel area. He expresses concern about the possibility of the drain pipes being clogged. Smith and St. Pierre agree to this. Pabich suggest that this be in the Order of Conditions. Glidden asks if there is a plan for snow management. Frank Taormina of the Planning Department states that they will probably not plow that area. Glidden states that he would like a snow management plan to be approved to ensure that the snow will not go into the river. St. Pierre suggests that the Order of Conditions state that there will be no snow removal. • She adds that a snow management plan will be presented as a separate application if they decide to plow the harborwalk. Glidden asks about a trash management plan. Taormina states that they might use solar-powered trash compactors. Glidden states that he would like that in the Order of Conditions. Cornacchio asks where the existing duct bank is to the sub station. Smith states that he is not aware of the location but he believes that they are far enough away from it. Pabich states that he would like language in the Order of Conditions that the walkway be protected from cars, so they can't run into the walkway from the parking lot. He asks if there would be any way to pin down the granite blocks so they can't be pushed into the walkway supports. Smith states that it might be possible. Pabich suggests that they review this for their own safety assurance. • Smith displays the elevated walkway and explains the supports having steel cross-bracing. Conservation Commission Meeting Minutes September 13, 2007 Page 3 of 10 Pabich asks where the staging area is. • Smith states that it will be at 15 Peabody Street and near the parking lot on Congress Street. St. Pierre states that this design will go before the DRB and the Seaport Council. Taormina adds that they must file a Chapter 91 license and Notice of Intent. Pabich says he would like them to store machinery outside the buffer zone. He asks about erosion control. Smith states that they can install erosion control along the berm. Cornacchio expresses concern about vandalism and states that he would like language in the Order of Conditions that there will be temporary fencing around the staging and storage area. Duques asks if the contractor will be removing any of the carts and debris that has fallen into the river. Taormina states that they can require that of the contractor. Cornacchio opens to the public. There are no questions or comments. • Cornacchio states that Glidden and Blier were not present at the previous meeting but have listened to a recording of the public hearing and have signed affidavits, so they are qualified to vote on this application per the Mullin Act. Glidden: Motion to close the public hearing, seconded by Blier. (Passes 4-0) Glidden: Motion to Issue an Order of Conditions with special conditions for erosion control, having no snow removal, having trash management with solar-power trash compacting, having perforated pipe for drainage along the berm, having armoring in front of the supports for the elevated walkway, having temporary fencing around the staging and storage areas, and leaving the timber piles in place while cutting them to the mud line, seconded by Pabich. (Passes 4-0) 3. Continuation of a Public Hearing — Notice of Intent — DEP #64-463 — Ann and Paul O'Shea and Douglas and Jean Karam, 15 and 25 Winter Island Road, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the rebuilding of a riprap seawall at 15 and 25 Winter Island Road. Cornacchio states that there was a site visit this afternoon. . Engineer Peter Blaisdell reviews the plans for the project, which would include extending the riprap area into the adjacent area which is city-owned. He suggests that the Order of Conservation Commission Meeting Minutes September 13, 2007 Page 4 of 10 Conditions have language which would allow them to do that if the Engineering department • approves it. He suggests that they cut down the existing timbers which were protruding into the marsh. Pabich states that the timbers should be cut and taken off the beach. Cornacchio says that he would like them to be cut but left in place. Pabich agrees to allow them to stay but states that the language in the Order of Conditions should require them to be removed from the site if they appear to be loose or able to wash out to sea and create a boating hazard. Blier asks about the contour at the top of the wall. Blaisdell states they will basically keep the wall where it is now and the contour will be similar to its current state. Blier asks if they will follow the grade back down again. Blaisdell says they will. Pabich asks about the legality of having the City Engineer give permission for them to work on the city-owned property. • Glidden states that it will be OK for the City Engineer to allow activity on that property. There is much discussion about legal issues regarding the work on the city property. The members agree to have this issue reviewed by the City Solicitor, and for this Order to not allow work on City owned property. Cornacchio opens up to the public. There are no questions or comments. Pabich asks about the filter fabric. Blaisdell states that there will be filter fabric behind the stones. Pabich: Glidden Motion to close the public hearing, seconded by Glidden. (Passes 4- 0) Pabich: Motion to grant an Order of Conditions for the work on the O'Shea's and Karam's properties, with a special condition for the timbers, seconded by Glidden. (Passes 4-0) Cornacchio states that Glidden and Blier were not present for the previous meeting but have listened to a recording of the public hearing and have signed affidavits, so they are qualified to vote on this application per the Mullin Rule. • 4. Public Hearing — Notice of Intent — DEP #64-464 — David Pabich, 8 Harbor Conservation Commission Meeting Minutes September 13, 2007 Page 5 of 10 View Terrace, Salem, MA 01970 • Chair Cornacchio tables the issue until September 27 due to a lack of a quorum. S. Public Hearing — Notice of Intent — Eleanor Lee Hughes, 3 Everett Road Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss a proposed addition and deck to an existing single family home located within the buffer zone of a coastal bank at 3 Everett Road. Cornacchio states that the DEP number for this NOI is #64-467. Engineer Scott Patrowicz describes the project. He states that the sewer line on the property is abandoned but they will stay outside of that. Cornacchio asks if there is n enough room o the e side of the house. Contractor Straus states that there is a driveway on the side of the house. Duques asks if there will be a silt fence or hay bales. Patrowicz states that they will use a silt fence. He adds that there is not much room for hay bales. • Cornacchio asks about the condition of the sea wall. Straus states that it is only 20 years old. Duques suggests that they schedule a site visit. The members agree on 5:00 PM, Thursday, September 27 Cornacchio opens to the public. There are no questions or comments. Pabich: Motion to continue this until September 27 with a site visit on the same day at 5:00 PM, seconded by Blier. (Passes 4-0) 6. Public Hearin — Re uest for Determination of A licabilit — Bob Dunham 65 Hearing g DD V Jefferson Avenue, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposal for installing a 5 foot by 2 foot by 20 foot long section of gravel as well as wild flower plantings. Two areas will be located within a Riverfront Area at 65 Jefferson Avenue. Duques states that there was a building there which was knocked down and now it is used • for school bus storage and boat storage. Conservation Commission Meeting Minutes September 13, 2007 Page 6 of 10 Owner Robert Dunham states that they wish to re-grade and take up the asphalt and • improve the culvert and add wildflowers. Duques states that this is a betterment project. Dunham states that they will go all the way to the bank with stone 1 foot deep and then a planting area and then jersey barriers. Cornacchio asks how the stone will meet the riverbank. Dunham states that there will be not be an edge. Pabich asks about the slope of the river bank. Dunham states that is drops about 3 feet. He ads that there will be filter fabric under the stone and above the dirt. Cornacchio reads a letter from Ward 3 City Councilor Pelletier into the record which is in favor of this application. Cornacchio opens to the public. There are no questions or comments. Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 4-0) The members agree to a -2 Determination. Glidden: Motion to issue a -2 Determination of Applicability, seconded by Pabich. (Passes 4-0) 7. Public Hearing — Reauest for Determination of AwAilcability — National Grid, 170 Medford Street, Malden, MA 02148 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposal for installing four new poles and one associated anchor along the northern shoulder of Planters Street. Andrea Desilets, Wetlands Scientist, of ENSR describes the project stating that they will install 40 foot wooden pools placed 7 feet below grade. She adds that hay bales will be on site. Cornacchio asks if the gate will still be in use. Desilets: Yes. Duques asks why they need 4 poles. Cornacchio states that it must be quite a heavy wire. • Duques asks about the exempt work. Conservation Commission Meeting Minutes September 13, 2007 Page 7 of 10 • Desilets points out the two poles that are exempt activities stating that they will be replaced while the original poles will remain in place. Cornacchio opens to the public. There are no questions or comments. Glidden: Motion to close the public hearing, seconded by Blier. (Passes 4-0) Pabich: Motion to issue a -2 Determination of Applicability, seconded by Glidden. (Passes 4-0) 8. Public Hearina — Notice of Intent — DEP # 64-434 — Town and Country Homes, 532 Lowell Street, Peabody, MA 01960 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed construction of five stormwater basins for a 26-lot subdivision off Clark Avenue. Chris Mello with Eastern Land Survey explains that they discovered that some of their land was zoned for industrial use, and because of this they are adding a new south portion of the development which will not be cluster. He states that the original stormwater management system is now oversized. Duques states that this new proposal could be an overview because this project has been • continued for such a long time. She states that she wants an updated calculation package. She suggests that the Commission schedule a site visit. Pabich asks about access to the basin. Mello states they will go through the easement. Duques suggests phasing out the different sections of this subdivision similar to what was done with the DiBiase subdivision off of Marlborough Road. Cornacchio asks if there will be much blasting. Mello says that there is a lot of ledge and they will need to do some blasting. Duques states that the applicant will bring photographs of retaining walls. She adds that it is very steep at the Kimberly Road area. Cornacchio suggests scheduling a site visit. Glidden states that they have been on one site visit. Cornacchio states that it was a long time ago. . Duques states that it should be staked out before the site visit. Conservation Commission Meeting Minutes September 13, 2007 Page 8 of 10 Cornacchio opens to the public. • David Colpitts of 18 Clark Ave states that he had been opposed to this project but he is happy with the reduction of homes. He adds that he is happy with the DiBiase project off of Marlborough Road. He expresses concern about the storage area near Clark Avenue which is across from his property. He states that he has a $100,000 retaining wall that he doesn't want destroyed. He presents photos of his property and states that he is down stream and down-grade from this project. He expresses concern with the water storage area, stating that it must be maintained forever. He suggests eliminating this water storage facility and rerouting the water to one of the other water storage areas. There is much discussion about this water storage area. Cornacchio suggests asking the peer review engineer about his concerns with this water storage area. The members agree a site visit on September 22 at 7:30 AM. Pabich: Motion to continue this public hearing until September 27 with a site visit on September 22, seconded by Glidden. (Passes 4-0) Old/New Business 9. Review of Proiect — DEP 64-371 — Osborn Hills Realty Trust — 71 Marlborough • Road. Issuance of Invalid Certificate of Compliance, because USACE deemed isolated wetlands as non jurisdictional Duques states that this lot currently houses DiBiase's construction trailer. Duques stated that the Order was issued on June 24, 2004, however, since then the U.S. Army Corp has issued a letter stating that the original wetland identified, isolated land subject to flooding, is currently non jurisdictional. Therefore in order to close out the filing an invalid Certificate of Compliance should be issued, since no work approved under the Order has been completed and the area is not within the Conservation Commission's jurisdiction. 10. Request for an Extension for DEP #64-152 — Atlantic Paving, Norman Dubie — 4 Technology Way Duques states that the applicant has an Order to build a building and an associated parking area. Cornacchio reads a letter from attorney Stephen Lovely into the record. Duques states that the planning board denied this whole project and the applicant wishes to try again. Duques says that it has expired as of the day of the meeting, however the letter was submitted to the Conservation Commission prior to the Order expiring. • Glidden states that this cannot be extended and the applicant needs to start over, Conservation Commission Meeting Minutes September 13, 2007 Page 9 of 10 particularly because this is a non-improved plan. Pabich states that if the applicant wishes to take the risk to reapply to the planning board with the same plan, he should be able to try. After much discussion the members agree to deny the request. Glidden: Motion to deny DEP file #64-152 the request for extension, seconded Pabich. (Passes 4-0) 11. Discussion of material stored along North River Duques states that she has spoken to Mr. Burnham who said that he has removed some of the debris, but she can see that little has been removed. She asks if the members would like to ask Burnham to attend the next meeting. Glidden states that he only wants him to come in if the Commission has evidence to suggest that he is breaking the law, otherwise no. He adds that he would like an opinion from DEP. Cornacchio suggests having DEP conduct a site visit. Pabich suggest contacting Solid Waste Management. • 12. Discussion of dumping on Con Com land off Intervale Road Duques states that Tom St. Pierre contacted H&S Tank Cleaning Services who in turn provided an estimate for removing the debris located at the site. She suggests scheduling a site visit. Pabich suggest contacting a man who picks up metal for recycling and charges nothing. He agrees to provide his phone number to Duques. 13. Discussion of activities at the end of Story Street, in resource area adjacent to 15 Story Street Duques displays photos and states that this used to be a dumping ground, and Mr. Gerry Tardiff has been removing debris. Tardiff states that he spoke with Frank Taormina and advised him that he would remove debris and cut bittersweet. Duques states that she doesn't see any problems and that the area has been improved by Mr. Tardiff. The members agree that the property has been improved. There is discussion about the removal of the safe and washing machine and if dragged out by a toe truck there is potential for the embankment to be damaged and compromised. It was discussed that Mr. 40 Tardiff should leave the safe and the washing machine on the property, until there is a Conservation Commission Meeting Minutes September 13, 2007 Page 10 of 10 • more complete plan to remove these heavy awkward items from the site so as not to compromise the embankment and wetland vegetation. 14. Exempt activity at 120 Leach Street per 310 CMR 10 02(2)(b)1 a in-kind replacement of existing deck, railings and deck boards Duques states that they are doing the siding and an RDA would be unnecessary for an exempt area. Cornacchio states that they shouldn't need to file. 15. Request for funding for Agent to attend Low Impact Development Workshop Duques states that she wishes to attend this workshop. The members agree to approve this. Cornacchio asks for a volunteer for the Harbor Management Committee. Pabich: Motion to adjourn, seconded by Glidden. (Passes 4-0) The meeting is adjourned at 9:30 PM. • C��pd CITY OF SALEM 3 � � U D Erl. ria C! '_iai'S OFFICE r CONSERVATION COMMISSION • 9f�/Mry6 2031 SC° 21 A 11: 5.4 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,September 27,2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. q) Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—August 23,July 26 and September 13 2. Continuation of a Public Hearing—Notice of Intent—DEP #64467—Eleanor Lee Hughes, 3 Everett Road Salem, MA 01970. The purpose of this hearing is to discuss a proposed addition and deck to an existing single family home located within the buffer zone of a coastal bank at 3 Everett Road. • 3. 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 five stormwater basins for a 26-lot subdivision off Clark Avenue. 4. Continuation of a Public Hearing—Notice of Intent—DEP#64-461485 Lafayette Street,Salem, former Chadwick Lead Mills Site.Remediation of site including marsh,coastal beach,land under the ocean,coastal bank,and land subject to flooding. Continued until October 11,2007. 5. Public Hearing—Notice of Intent—DEP#64-464—David Pabich 8 Harbor View Terrace Salem, MA 01970. The purpose of this hearing is to discuss beach nourishment at 8 Harbor View Terrace. 6. Public Hearing—Notice of Intent—Manuel Silva_12.1_Green Lane Middletown,_RL028.42._The... . purpose of the hearing is to discuss the rebuilding of a camp residence, storage shed, and elevated walkway located within the buffer zone to Coastal Bank on Tinkers Island. Continued until October 25,2007. 7. Old/New Business • Discussion of material stored along North River • Request for a Certificate of Compliance DEP#64-438 and#64-439—DiBiase Residential,Lots 29 and 30. • Request for a Certificate of Compliance DEP#64-400—City of Salem,Salem Ferry Pier installation of water line, electrical conduits, and fuel line and associated components. This notice posted on "Official Builetfn Boanr > City Hall Salem, Mass. on qcP. O at ]I,,- 4l7l, in accordanas with Chap. 30 Sac. 23A A 235 of M.G.L. • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, September 27, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Michael Blier, Keith Glidden, David Pabich, David Summer (arrived at 7:00 PM) Members Absent: Joseph Furnari, Amy Hamilton Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Approval of Minutes — July 26 and August 23 Meetings Pabich: Motion to table the discussion of the minutes until the end of the meeting, seconded by Glidden. (Passes 4-0) The members return to the review of the minutes. • Pabich: Motion to approve the minutes for the July 26 meeting, seconded by Summer. (Passes 3-0. Voting members include Cornacchio, Pabich and Summer.) Pabich: Motion to approve the minutes for the August 23 meeting, seconded by Pabich. (Passes 4-0. Voting members include Cornacchio, Pabich, Glidden and Summer.) 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-467 — Eleanor Lee Hughes, 3 Everett Road, Salem. MA 01970. Cornacchio reads the legal public hearing notice which states that the purpose of this meeting is to discuss a proposed addition and deck to an existing single family home located within the buffer zone of a coastal bank at 3 Everett Road. Cornacchio says that there was a site visit today, and the silt fence will be against the seawall. Engineer Scott Patrowicz shows the area for the silt fence and states that they will protect the tree, and the material will be hand-carried from the front yard to the location of the work. Duques says that they might use Filtrex-soc. • Patrowicz says they would only use the silt fence because of the shortage of space. He presents the notification from the abutter's cards. Conservation Commission Meeting Minutes September 27, 2007 Page 2 of 6 • Pabich suggests having a post-construction inspection of the beach. Cornacchio opens to the public. There are no questions or comments. Cornacchio states that the conditions include protection around the maple tree, a post- construction inspection, and the silt fence. Pabich: Motion to close this public hearing, seconded by Glidden. (Passes 4-0) Pabich: Motion to issue an Order of Conditions with the above noted conditions, seconded by Glidden. (Passes 4-0) 3. Continuation of a Public Hearing — Notice of Intent — DEP #64-434 — Town and Country Homes, 532 Lowell Street, Peabody, MA 01960. Cornacchio reads the legal public hearing notice which states that the purpose of this meeting is to discuss the proposed construction of five stormwater basins for a 26-lot subdivision off Clark Avenue. Chris Mello of Eastern Land Survey Associates points out the location of the stormwater basins. He identifies the vernal pools on the property. • Mello states that because the vernal pool was not certified, it is non-jurisdictional. Duques asks if copies of the application were sent to the National Heritage. Mello states that they were not. Attorney John Kelty says that this is because it is non- jurisdictional. Pabich states that he feels that the Commission could revisit this issue and see if there is a way to work around this vernal pool. He asks if they can tweak the plans so the work corridor will go around this. Cornacchio reads a letter into the record dated September 27, 2007, from attorney Robert Strasnick representing David Colpits expressing concern about the stormwater basin closest to Clark Ave. Duques presents photos as examples of the proposed retaining wall which looks like a U- shaped wall to be installed between Lots 18 and 19. Pabich states that he doesn't have any objection if this is non-jurisdictional but in the next phase of this development it might be a problem. Mello states that he is willing to restore the area to its grade and organic nature and stay out of the area during construction. • Duques states that it could be certified in October 2008, when the ORAD expires. Conservation Commission Meeting Minutes September 27, 2007 Page 3 of 6 Mello suggests that the Commission place a special condition on the Order that the vernal • pool be protected during construction. Pabich asks if the drain line can be slid to the east about 10 feet. Mello says that there will be a 2-foot wide trench 10-feet deep and in a month it will look like nothing was there. He adds that they could put a layer of silt fence around the C flag area with a ring of construction fence around that. Duques asks about details for trail signs. Mello says the they will agree at the Planning Board to have two at the entrance of Clark Ave and one at the other end. Duques asks about maintenance. Cornacchio states that maintenance would be on the homeowner's association, or the owner of the land where the basin resides. Pabich states that the stormwater basins, structures, and pipes leading to them should all be maintained by the landowner. Cornacchio opens to the public. There are no questions or comments. • Glidden: Motion to close the public hearing, seconded by Pabich. (Passes 4-0) Duques reviews the special conditions. Cornacchio states that the special conditions will be reviewed at the October 11 meeting. Cornacchio states that the Commission will defer to the Planning Board for the language on the trail signs. Duques clarifies that this public hearing is closed but the item is still open. 4. Continuation of a Public Hearing — Notice of Intent — DEP #64-461 — 485 Lafayette Street, Salem, former Chadwick Lead Mills Site. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss remediation of site including marsh, coastal beach, land under the ocean, coastal bank, and land subject to flooding. Cornacchio reads a letter from Attorney Dan Garson requesting a continuance until October 11, 2007. Duques states that the peer review and additional material submitted by Woodard and Curran has been distributed to all members. • Pabich makes a point about the presence of lead contaminated soil between the granite Conservation Commission Meeting Minutes September 27, 2007 Page 4 of 6 blocks that make up the seawall and he wishes to understand how this material will be • remediated and tested for lead levels. He asks Duques to ask Mike Howard with Epsilon if this has been examined and if so, what was found. Glidden: Motion to continue this hearing until October.11, 2007, seconded by Pabich. (Passes 4-0) 5. Public Hearing — Notice of Intent — DEP #64-464 — David Pabich, 8 Harbor View Terrace, Salem, MA 01970. David Summer arrives. Pabich recuses himself from this item. Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss beach nourishment at 8 Harbor View Terrace. Pabich presents his plans for beach nourishment stating that there is a slight undercut under his sea wall and he would like to pour 22 yards of clean sand to fill in under the toe under the wall and to clean up the beach. He states that the neighbor's property was nourished much earlier and the sand does stay because there is very little wave action. Cornacchio asks if there was ever sand there before. • Pabich says that he doesn't know but there is sand and some random bits of glass. Cornacchio asks for the method to get the sand down there. Pabich says that it would be dumped by hand onto a plywood chute. Duques states that an abutter advised her that about 30 years ago sand was brought in from Cranes Beach that contained horse fly eggs. Pabich states he would use cleaned sand and that the additional sand would not really increase wave action. He adds that he has a Chapter 91 application in but he must have an Order of Conditions before they will issue a Chapter 91 license. Cornacchio opens to the public. There are no questions or comments. The members agree to a site visit on October 11 at 5:00 PM. Glidden: Motion to continue this public hearing until October 25 with a site visit on October 11, seconded by Summer. (Passes 4-0) 6. Public Hearing — Notice of Intent — Manuel Silva, 121 Green Lane, Middleton, RI 02842. • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the rebuilding of a camp residence, storage shed, and elevated Conservation Commission Meeting Minutes September 27, 2007 Page 5 of 6 walkway located within the buffer zone to Coastal Bank on Tinkers Island. • Cornacchio reads a letter into the record from Attorney Deirdre Robbins requesting a continuance until October 25, 2007. Much discussion ensues about the correct procedure to take from this point forward on this item. The members agree that this has never been opened as a public hearing only as an enforcement action under Old/New Business. It is discussed that an Enforcement Order was issued but that an incomplete Notice of Intent was filed with the Conservation Commission. The applicant lacked the signature of the landowner, the City of Salem, and still lacks this information therefore a complete Notice has not been submitted as negotiations between the applicant and the City of Salem continue. The consensus was that the project should not be continued and that the applicant can resubmit the complete Notice of Intent without paying the fee. They take no action tonight. Old/New Business Discussion of material stored along North River. Duques reminds the members that the Commission cannot site a specific issue, so they cannot call in the owner. Glidden says that the Commission is still within its rights to take this to the DEP for their guidance. • Much discussion ensues about the correct procedure to use with this case. The members agree to formally request that Duques seek guidance from the DEP. Reauest for a Certificate of Compliance DEP #64-438 and #64-439 — DiBiase Residential, Lots 29 and 30. Duques states that the only difference between the proposed plans and as-built plans is the location of two trees on Lot 30. She identifies the trees on the plan. She adds that the roof recharge systems are in place and the fence is up on top of the wall. She provides copies of drafts of the deeds. Pabich: Motion to issue a Certificate of Compliance for both of these lots, seconded by Glidden. (Passes 5-0) Renuest for a Certificate of Compliance DEP #64-400 — City of Salem, Salem Ferry Pier installation of water line, electrical conduits, and fuel line and associated components. Duques states that the work is complete but she recommends that they continue this because some issues still need to be addressed. She says that there is a leak in the fuel line on the dock. She adds that they had spill pads that were left on the dock, and the • floating dock is stained. Conservation Commission Meeting Minutes September 27, 2007 Page 6 of 6 Much discussion ensues about the condition of this property. The members agree that all • fueling at this dock should be suspended the ferry should fuel in Quincy until the fuel line is fixed and they also must do a pressure test. Pabich: Motion to adjourn, seconded by Glidden. (Passes 5-0) The meeting is adjourned at 8:15 PM. • 4 CITY OF SALEM s� Y CONSERVATION A ION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, October 11, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—September 13 and 27 2. Continuation of a Public Hearing—Notice of Intent—DEP#64-461485 Lafayette Street,Salem, former Chadwick Lead Mills Site.Remediation of site including marsh,coastal beach,land under the ocean, coastal bank, and land subject to flooding. 3. Old/New Business " Discuss and vote on Special Conditions for DEP#64434—Town and Country Homes 532 Lowell Street Peabody, MA 01960, relating to the Chapel Hill Sub-Division. " Request for a Certificate of Compliance DEP 464400—City of Salem, Salem Ferry Pier installation of water line, electrical conduits,and fuel line and associated components. " Notice of Project Change 464-442—Uncle Bob's Storage 435 Highland Avenue,proposal to install sponge technologies in catch basins instead of oil and grease hoods. - a J O f .- �i 1. 1 Ui r... lJ C� Cr m_- J This notice posted on "Official Bu a o4f11" City Hal ;1 I ,�n M:�ss. onG` 4 C:[S.. it III 9COOidwWe Whit 30 691� 23 • u.o.�. • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, October 11, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton Members Absent: Joseph Furnari, David Pabich, David Summer Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Approval of Minutes — Seotember 13 and 27 Meetings Glidden: Motion to table the approval of the minutes until the October 25 meeting, seconded by Hamilton. (Passes 4-0) 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-461 — 485 Lafayette Street, Salem, Former Chadwick Lead Mills Site • Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss remediation of site including marsh, coastal beach, land under the ocean, coastal bank, and land subject to flooding. The members read the letter dated October 9, 2007 from Woodard & Curran. Cornacchio states that Hamilton missed the previous hearing but she listened to the tape of the hearing and signed an affidavit, which qualifies her to vote on this issue per the Mullin Rule. Daniel Garson of Woodard & Curran overviews the previous correspondences to the Commission. He thanks the Commission for its attention and diligence in this matter. He reviews all of the specific comments from the Epsilon letter and his responses. Duques questions why a seed mix is proposed for the planting plan on the upland area as opposed to planting woody shrubs. Garson states that the appropriate place for those shrubs would be the banks and they will not be working there now. He adds that the purpose of the plants is to stabilize the site and the soil and the seeds will grow up quickly and it is not necessary or appropriate to put in plants. • John Thompson, LSP for National Lead states that closure testing will be required and this will show if it is stabilized. Conservation Commission Meeting Minutes October 11, 2007 Page 2 of 3 • Duques asks for status of the Army Corp permit. Garson states that the Army Corp permit is being reviewed, and the DEP permits have just gone in and Marblehead has just begun its hearing. He adds that he expects to have his permits completed and in place by the end of the year so they might begin the project in October of 2008. Cornacchio states that Epsilon did a great job and Garson's response was very thorough. Attorney Heather Kennealy asks if a phase three permit has been submitted. LSP John Thompson states that it will be several months before the submission. Kennealy states that her firm has submitted written comments in the past and she stands behind that. She adds that she is happy with the review and the plan is now much better and stronger, and she looks forward to the Phase 3. She states that her boss Mike Roberts might wish to comment on this response from Woodard & Curran, which she has just received today. Glidden: Motion to close the public hearing, seconded by Hamilton. (Passes 4-0) Duques recommends that the Commission adopt the special conditions listed in the Epsilon • review. She adds that there should be a pre-construction briefing. Glidden recommends that they meet with Duques for a pre-construction review. Duques says they should issue the Order of Conditions for a five-year period instead of a three-year period. Glidden: Motion to issue an Order of Conditions with the above mentioned conditions, seconded by Hamilton. (Passes 4-0) Garson thanks the Commission for its hard work. Old/New Business 3. Discussion and Vote for Special Conditions for DEP #64-343 - Town and Country Homes, 532 Lowell Street, Peabody, MA 01960 - Relating to the Chapel Hill sub division Attorney Kelty states that the Special Conditions document addresses all of the concerns that had been discussed. He suggests some amendments to the language and the Commission agrees to these. Glidden: Motion to approve these Special Conditions, seconded by Hamilton. (Passes • 4-0) Cornacchio confirms that Hamilton was not present for the September 13 and 27 meetings Conservation Commission Meeting Minutes October 11, 2007 Page 3 of 3 but she listened to tapes of the hearings and signed an affidavit, which qualifies her to vote on this issue per the Mullin Rule. 4. Request for a Certificate of Compliance, DEP # 64-400 - City of Salem Salem Ferry Pier - Installation of water line, electrical conduits, and fuel line and associated components Cornacchio states that there was a fuel leak there. Duques states that the leak was caused because they hadn't installed the emergency valve but it has been taken care of. She recommends issuing the Certificate of Compliance. Hamilton: Motion to issue a Certificate of Compliance, seconded by Glidden. (Passes 4- 0) 5. Notice of Project Change, #64-442 - Uncle Bob's Storage, 435 Highland Ave - Proposal to install sponge technologies in catch basins instead of oil and grease hoods Cornacchio describes the oil and grease hood as lower than the water level allowing the good water to find its way while the oil and grease remain to top of the water level in the catch basin. Duques states that she reviewed the advantages and disadvantages and found some • ambiguity regarding the disposal of the sponge. Cornacchio states that the sponge can be disposed in the regular trash if it doesn't leak oil after one squeeze. Glidden asks about maintenance of these catch basins and suggests implementing an inspection schedule for ongoing compliance. Duques agrees to look into this. Duques states that the applicant is requesting a Notice of Project Change. Glidden suggests waiting for Pabich to look at this prior to approval. Glidden: Motion to table this until the October 25 meeting, seconded by Blier. (Passes 4-0) Duques says that Scott Patrowitz asked for a pre-filing of an NOI. Glidden says that this would set a dangerous precedent and the members agree. Glidden: Motion to adjourn, seconded by Hamilton. (Passes 4-0) • The meeting is adjourned at 8:00 PM. 4 F4wiCITY OF SALEM CONSERVATION COMMISSION N c� J NOTICE OF MEETING n You are hereby notified that the Salem Conservation Commission will hold its reguI44 schedugt meeting on Thursday, October 25, 2007 at 6:00 pm at City Hall Annex, Room 313, 126GVashingi ,, Street. Cn — 7 ��Q �� m Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—September 13 and 27 and October 11 2. Continuation of a Public Hearing—Notice of Intent—DEP#64464—David Pabich 8 Harbor View Terrace Salem,MA 01970. The purpose of this hearing is to discuss beach nourishment at 8 Harbor View Terrace. 3. Public Hearing—Request to Amend an Existing Order of Conditions—DEP#64442—Uncle Bob's Storage 435 Highland Avenue. The purpose of this hearing is to discuss an amendment to an • existing order including installing absorbent pads into upgraded drainage system located within the buffer zone of BV W at 435 Highland Avenue. 4. Public Hearing—Notice of Intent—Stephen Lovely 1 Parallel Street Lot A. The purpose of the hearing is to discuss the construction of a portion of a single family dwelling,driveway,grading,and utilities at 1 Parallel Street,Lot A.The proposed project will be located within the 100-foot buffer zone. 5. Public Hearing—Notice of Intent—Stephen Lovely 1 Parallel Street Lot B. The purpose of the hearing is to discuss the construction of a portion of a single family dwelling,driveway,grading,and utilities at 1 Parallel Street,Lot B.The proposed project will be located within the 100-foot buffer zone. 6. Public Hearing—Notice of Intent—Stephen Lovely I Parallel Street Lot C. The purpose of the hearing is to discuss the construction of a portion of a single family dwelling,driveway,grading,and utilities at I Parallel Street,Lot C.The proposed project will be located within the 100-foot buffer zone. 7. Old/New Business • Notice of Project Change DEP# 64-41718 Freeman Road. • Request for an Extension DEP#64-327 Fafard Real Estate and Development Corp.First Street • and Traders Way. • Update on DEP #64460 Tinkers Island project proposal from Conservation Agent. This notice posted on 00+flcial . tquin Board " City Hall Salem, Mc,ss. 18 2001 a ia Chap. 30 SeQ,.2 � 239 a! M,0U. • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, October 25, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton, David Pabich, David Summer Members Absent: Joseph Furnari Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. Salem CPA Committee Chair — Joanne McCrea, 386 Essex Street, Salem, MA, 01970 Joanne McCrea states that the goal of the Salem Community Preservation Committee is to have the Community Preservation Act approved in the local election in November. She says that the property tax surcharge would be 1% with the state matching the funds up to • 75%. She says that funds collected will be allocated for affordable housing, historic preservation, and recreation. 1. Approval of Minutes — September 13 and 27 and October 11 Meetings Pabich: Motion to approve the minutes for the September 13, 2007 meeting, seconded by Glidden. Passes 4-0. Voting members are Cornacchio, Blier, Glidden, and Pabich. Pabich: Motion to approve the minutes for the September 27, 2007 meeting, seconded by Glidden. Passes 5-0. Voting members are Cornacchio, Blier, Glidden, Pabich, and Summer. Blier: Motion to approve the minutes for the October 11, 2007 meeting, seconded by Glidden. Passes 4-0. Voting members are Cornacchio, Blier, Glidden, and Hamilton. 2. Public Hearing — Request to Amend an Existino Order of Conditions — DEP #64-442 — Uncle Bob's Storage, 435 Highland Avenue Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss an amendment to an existing order including installing absorbent pads into an upgraded drainage system located within the buffer zone of BVW at 435 Highland Avenue. • Duques states that David Pabich reviewed the proposal this week and found it to be Conservation Commission Meeting Minutes October 25, 2007 Page 2 of 7 acceptable. • Pabich states that he also looked into developing an evaluation and maintenance program for private drainage systems. Glidden suggests that a database be built to remind the conservation department to review these systems on a regular basis. Christopher Ryan of Meridian Associates, Inc, speaks about the proposal. He shows the members one of the pads and describes it as containing a polymer absorbing material which must be changed at least once a year. He adds that the color changes from white to brown when it needs to be changed. He states that these will be installed on the three drainage systems in the middle. Ryan states that the abutter's property needs to have some silt cleaned up and he is willing to do this. Cornacchio asks if he will contact the abutter to advise him that he will clean up the silt and Ryan agrees to do this. Pabich asks how much each one of these pads cost. Ryan says that they cost about $400. He states that the facility manager will inspect these quarterly and swap them out at least once a year. • Pabich asks him to also install on in the hooded drainage system at the end and Ryan agrees to this. Cornacchio opens to the public. There are no questions or comments. Glidden: Motion to close the public hearing, seconded by Pabich. Passes 6-0. Glidden: Motion to approve the amendment to the order of conditions provided the last catch basin also has a pad, and the applicant will report back to Duques after notifying the abutter about the removal of the silt, seconded by Pabich. Passes 6-0. 3. Public Hearing — Notice of Intent — Stephen Lovely, 1 Parallel Street, Lot A Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities at 1 Parallel Street, Lot A. Chris Mello of Eastern Land Survey displays the plans and describes the lot. He states that the previous order of conditions issued on 3 Parallel Street, DEP #64-465, will not be acted upon and he will build lots A, B, and C instead of developing the other lot. He says that they will tear down the existing building at 1 Parallel Street. . Cornacchio states that they like to have granite curbing on the street. Conservation Commission Meeting Minutes October 25, 2007 Page 3 of 7 Mello says there is no granite curbing on that street. • Blier states that there are granite curbs at the end of the street. Pabich states that they have always required granite curbing because of the snowplows and Lovely agrees to this. Duques asks where the water will flow. Mello states that the water will be directed to the other end of the street to the swale. He adds that all of the existing paving will be removed and new paving will be installed. Duques asks if the house will be built on a slab without stilts. Mello says that this is correct and the houses on lots A, B, and C will have no basements. Mello says that the wetlands have been flagged and there is no 100-year flood system, Zone A, in this elevation. He adds the water table is high. Glidden asks about how the homes will be heated. Lovely states that they will run the gas line from the existing building at #3 to the new lots. • Cornacchio asks why the slabs were placed at 15.5 feet. Mello states that it is high enough to avoid a flood in the houses. He adds that the flood would occur at about 12 feet. Summer asks if the property boundaries go all the way to the pond. Mello says that they do. Summer says that he wishes to restrict any activities in the pond. The applicant, Stephen Lovely of 14 Story Street, says that he has been in contact with the neighbors and they are in favor of this project. He adds that he has abutters' statements. Cornacchio opens to the public. There are no questions or comments. Cornacchio requests scheduling a site visit and the members agree on November 3 at 8:00 AM. Pabich: Motion to continue until November 8 with a site visit on Saturday, November 3 at 8:00 AM, seconded by Glidden. Passes 6-0. 4. Public Hearing — Notice of Intent — Stephen Lovely, 1 Parallel Street, Lot B 49 Cornacchio reads the legal public hearing notice which states that the purpose of this Conservation Commission Meeting Minutes October 25, 2007 Page 4 of 7 hearing is to discuss the construction of a portion of a single family dwelling, driveway, • grading, and utilities at 1 Parallel Street, Lot B. Mello describes the 28x36 foot dwelling with a deck. Cornacchio asks if there is any wiggle room for this structure. Mello states that this house is set at the minimum setbacks. He adds that there is a sewer easement on the property. He states that he received a variance from the ZBA for the minimum lot width. Cornacchio asks if there will be any digging on the lot other than the foundation. Lovely states that there will be no digging and if any garbage is discovered on the lot it will be properly disposed of. Duques asks about a landscaping plan. Lovely states that there will be some plantings and he will work with the homeowners' requests. Pabich expresses concern about the water issue and asks if the foundation could be more permeable or if crushed stone could be placed under the house. • Mello says that they might be able provide an outlet for excess water on the #3 lot when the structure is removed. He adds that he could use the space under the existing house as an underground outlet. Pabich asks if it would be possible for the swale to be vegetative rather than stone. Mello states that he prefers using stone because of the shallow grade, and he has no vertical play for a catch basin and pipe. Cornacchio opens to the public. There are no questions or comments. Glidden: Motion to continue until the November 8 meeting with a site visit on Saturday November 3 at 8:00 AM, seconded by Pabich. Passes 6-0. S. Public Hearing — Notice of Intent — Stephen Lovely, 1 Parallel Street, Lot C Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities at 1 Parallel Street, Lot C. Mello describes the lot stating that the swale will be on the property line to lot B and control the stormwater which normally pools. He adds that now the water will find a path to the wetlands and off the street. He says that the swale will stop at the phragmites (the • B15 flag). Conservation Commission Meeting Minutes October 25, 2007 Page 5 of 7 Blier asks why the swale is in a straight line. • Mello says that it is the most direct route to follow the lot line and it will have stone so there will not be any velocity for the water flow. Glidden asks about the elevation of the land around the houses. Mello states that the elevation of the land around the houses will be about 12 feet and the houses will be at 15 feet. He adds that he will pour foundations and backfill, and then fill the foundation and then pour the slabs. Pabich asks about Lot D (3 Parallel Street). Mello states that the land is being taken away from it for the other 3 lots so Lot D will no longer be buildable. Hamilton asks about the grading of the lot. She expresses concern about having the water pool on the lot. Mello states that the grade will go down about 1 foot but the lot is practically flat. Cornacchio opens to the public. There are no questions or comments. Pabich: Motion to continue this hearing until the November 8 meeting with a site visit • on Saturday, November 3 at 8:00 AM, seconded by Glidden. Passes 6-0. 6. Continuation of a Public Hearing — Notice of Intent — DEP #64-464 — David Pabich, 8 Harborview Terrace, Salem, MA, 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss beach nourishment at 8 Harbor View Terrace. Cornacchio states that Amy Hamilton was not present for the previous hearing on this case but she listened to a recording of the meeting and signed an affidavit, which qualifies her to vote on this issue per the Mullen Rule. Pabich recuses himself from this issue. Cornacchio asks if he has located a source of sand with the same granular size. Pabich states that he has not yet begun his search for the sand. He reviews the procedure for the nourishment stating that there will be 22 yards of clean sand installed at the beach. He adds that the sand will be deposited to the street and hand-shoveled through plywood chutes and hand-spread. Glidden asks if the street has no excessive car oil. • Pabich states that the street is clean. Conservation Commission Meeting Minutes October 25, 2007 Page 6 of 7 Cornacchio asks if he can complete this in one low tide cycle. • Pabich says that he thinks it could be but if it doesn't happen in one tidal cycle than it could easily happen in two cycles. He adds that it won't be sand from Crane's beach. Cornacchio opens to the public. There are no questions or comments. Glidden: Motion to close the public hearing, seconded by Blier. Passes 6-0. Duques reads the list of special conditions which will be attached to the order which include: (1) Receiving all necessary state, local, federal permits for beach nourishment prior to starting the project. (2) Sending the Conservation Commission copies of all permits received from state, local and federal entities. (3) Completing the work during low tide and good weather conditions. (4) Removing all equipment from the beach when not in use. Glidden: Motion to issue an order of conditions with the above noted special conditions, seconded by Summer. Passes 6-0. Old/New Business 7. Notice of Proiect Change — DEP #64-417 — 18 Freeman Road Duques states that the Commission approved this project and issued an order of conditions • in June 2006. She reviews the approval and introduces property owner Mario Scire. Scire states that after digging he discovered that the sewer and water line were incorrectly indicated on the city map. He adds that he installed the new pipe and it is draining properly. He is looking for approval for this change after the fact. The members study the plans and photos, and ask question about the changes. Glidden states that this is a significant project change and the applicant has created a problem by changing this without first receiving approval. Blier asks if the commission can acknowledge that there is a change without approving it. Duques says that the commission can acknowledge it but the applicant will ultimately need a certificate of compliance and a certificate of occupancy. She adds that they can't issue a certificate of compliance until it is confirmed that at least 75% of the vegetation has survived over the course of two years. Glidden suggests scheduling a site visit and the members agree to Saturday, November 3 at 9:00 AM. He adds that he would like to issue a fine for $250 but to table the fine issue until after the site visit. Pabich: Motion to continue this hearing until the November 8 meeting with a site visit on Saturday, November 3 at 9:00 AM, seconded by Glidden. Passes 6-0. Conservation Commission Meeting Minutes October 25, 2007 Page 7 of 7 S. Request for an Extension — DEP #64-327 — Fafard Real Estate and • Development Corp. — First Street and Traders Wav Duques states that nothing has been done on the site and this is the first request for an extension. The applicant, Donald Seaberg states that is was meant to be retail and condo space but the project has stalled because of the economy. He adds that he would like to keep the project open. Duques reads the order of conditions, which was issued November 8, 2001. Pabich states that the applicant should have determined if there was a vernal pool on the property. Seaberg states that it might have been done but he doesn't recall. He adds that he will look back through his files or he can have someone look at it. Pabich states that if he violated the order by failing to determine the existence of any vernal pools, the order should not be extended. He adds that if the commission extends the order any vernal pool that is found should be certified. He expresses concern about this violation. • Duques states that the original order wasn't even recorded until September 2002. Pabich states that he does not want to issue the extension because of this violation. Cornacchio agrees with Pabich stating that the developer could start building next week if the commission extends this order tonight. He adds that the plan is dangerous the way it is and we could lose a vernal pool and it is not the fault of the commission. Pabich: Motion to deny the request for extension, seconded by Glidden. Passes 6-0. 9. Update on DEP #64-460 — Tinkers Island — Proiect Proposal from Conservation Agent Duques states that the commission issued the enforcement order and stated that the owner needed to file a notice of intent. She noted that the NOI has been submitted but is incomplete because the landowner, the City of Salem, hasn't decided whether they want to sign the NOI at this point. The City of Salem is waiting for the Tinker's Island Association to meet and determine if Mr. Silva has been admitted into the Association. Duques recommended to the Commission to wait until the Association meets and the City of Salem makes a decision about signing the Notice of Intent before denying the project. The Commission agrees to wait until the Association meets. Hamilton: Motion to adjourn, seconded by Pabich. Passes 6-0. The meeting is adjourned at 8:40 PM. �6N�PR 3X CITY OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled ,_meeting on fiursday, November 8, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington *eet. Kevin P. Cornacchio, _. Conservation Commission Chairman Tentatoe Agenda: 1. Meeting Minutes—October 25 2. Request for Determination of Applicability—The City of Salem 120 Washington Street. The purpose of this hearing is to discuss the repair of existing granite steps leading to the beach located within a coastal beach, coastal bank, and land subject to tidal action, which is located off of Ocean Ave. • 3. Continuation of a Public Hearing—Notice of Intent—DEP #64-470 —Stephen Lovely 1 Parallel Street Lot A. The purpose of the hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities at 1 Parallel Street, Lot A. The proposed project will be located within the 100-foot buffer zone. 4. Continuation of a Public Hearing—Notice of Intent—DEP #64-469 —Stephen Lovely 1 Parallel Street Lot B. The purpose of the hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities at 1 Parallel Street, Lot B. The proposed project will be located within the 100-foot buffer zone. 5. Continuation of a Public Hearing—Notice of Intent—DEP #64-468—Stephen Lovely 1 Parallel Street Lot C. The purpose of the hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities at 1 Parallel Street, Lot C. The proposed project will be located within the 100-foot buffer zone. • 6. Request for an Amendment to Existing Order of Conditions—DEP #64-396— Massachusetts Electric Company d/b/a 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 removal of less than 100 cubic yards of shallow sediment from tidal flats from northern section of the site located in Collins Cove adjacent to the Coastal Beach at 20 Pierce Avenue. 7. Old /New Business • Notice of Project Change DEP #64-417 18 Freeman Road • Request for Certificate of Compliance DEP #64-422 60 Bay View Ave • Discuss Commission's purchase of Wetlands Map from DEP • Update on method to track submittal of annual reports f IiiS RUtiCc, PUS'17,'.. City Hall � /��y/ eapi.t] g�1. 'F/,1�/ ///�6/ aagg i�,-4 F(:1......":.i�t'..��- �,'�a ?011 Chap. 39 Sam 7 3A 6. 230 Of IA.G L- Page 2 of 2 Salem Conservation Commission • Minutes of Meeting Date and Time: Thursday, November 8, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Michael Blier, Keith Glidden, Amy Hamilton, David Pabich, David Summer Members Absent: Kevin Cornacchio, Joseph Furnari Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Pabich, who runs the meeting in Cornacchio absence, calls the meeting to order. 1. Approval of Minutes — October 25, 2007 Meeting Glidden: Motion to approve the minutes from the October 25, 2007 meeting, seconded by Hamilton. Passes 4-0. 2. Reguest for Determination of Applicability — The City of Salem 120 Washington Street, Salem, MA 01970 Pabich reads the legal public hearing notice which states that the purpose of this hearing is to discuss the repair of existing granite steps leading to the beach located within a coastal beach, coastal bank, and land subject to tidal action which is located off of Ocean Ave. City Engineer, David Knowlton states that two sections of granite have been worn away and will be replaced and some concrete will be used under the new stone. He adds that more concrete will be used to secure another spot with some loose stone. Pabich asks if he will prep it and Knowlton says that he will. Pabich asks if he can pin it and Knowlton states that he doesn't think that it is worth it and it might be better to have it move a bit. Pabich opens to the public. There are no questions or comments. Duques recommends a Negative 3 to allow the commission to set some conditions such as keeping the equipment out of the resource area. Glidden states that he would like a condition that the wood framing be removed. Glidden: Motion to issue a Negative 3 Determination of Applicability with the above noted conditions, seconded by Blier. Passes 4-0. • 3. Continuation of a Public Hearing — Notice of Intent — DEP #64-470 Stephen Lovely, 1 Parallel Street, Lot A, Salem, MA 01970 Conservation Commission Meeting Minutes November 8, 2007 Page 2 of 7 • Pabich reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities, located within the 100-foot buffer zone at 1 Parallel Street, Lot A. and 4. Continuation of a Public Hearing — Notice of Intent — DEP #64-469 Stephen Lovely, 1 Parallel Street, Lot B, Salem, MA 01970 Pabich reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities, located within the 100-foot buffer zone at 1 Parallel Street, Lot B. and S. Continuation of a Public Hearing — Notice of Intent — DEP #64-468 Stephen Lovely, 1 Parallel Street, Lot C, Salem, MA 01970 Pabich reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of a portion of a single family dwelling, driveway, grading, and utilities, located within the 100-foot buffer zone at 1 Parallel Street, Lot C. Pabich opens the three hearings simultaneously. • City Engineer David Knowlton states that he and Duques reviewed the plan and this abuts a key element of the South River flood control area, which floods frequently. He adds that the city will initiate an aggressive program, and spend significant money to address the flooding in this area. He expresses concern about removing sediment to provide compensatory storage in the sewer easement on Lot A. He recommends not doing any re- grading in this area, but flood storage area created in another part of the property. He says that there are no calculations for the swale design. He adds that he would like to look at the final curbing and roadway. David Summer arrives at 6:30. Pabich asks if the applicant can take the grade down only one foot. Knowlton states that he would prefer that it not be touched at all. Pabich asks Engineer Chris Mello, representing the owner, if he will be able to come up with calculations. Mello states that he will not because the water moves in and puddles and he is trying to provide a positive outlet in an area with a very shallow pitch. He adds that they don't have enough units for a storm water management system. He says that by taking the original structure out and constructing flood storage areas he can provide almost a 1/1 • compensatory water storage. Conservation Commission Meeting Minutes November 8, 2007 Page 3 of 7 Duques clarifies that Knowlton would like them to just grade to the easement. • Pabich asks about the drop off to the west of the easement where it appears to be wet. He asks if Mello can excavate that on that side. Mello states that he would not be able to. He confirms that he will put granite curbing in and repave the road. Duques asks about the pitch of the road. Mello says that he will pitch it toward the spreader. Duques asks if there are sidewalks in between the berms and the lot lines. Mello states that there are no sidewalks and there will be grass between the berm and the street. Pabich reads a letter from City Councilor Veno, dated November 8, 2007, into the record. He then states that the commission has already addressed all of Councilor Veno's concerns. Glidden states that the commission could approve this application pending the final approval of the City Engineer. • Duques asks about the 1/1 compensatory water storage. Mello asks that there be a condition for him to be as close as he can. He adds that if he uses all three lots, he may be able to get there. Pabich states that he would like the condition to specifically require a 1/1 compensatory water storage capacity. Glidden states that there should be a condition that they reseed and Mello agrees. Pabich asks about the northerly boundary to Lot A and the restriction to the outflow to Rosie's pond and if there are any plans for that area. Mello states that they are hoping never to go near that area. City Engineer David Knowlton confirms that every inch of storage they can gain would be beneficial. Duques requests that the house on Lot B might have a different style to change the footprint. Mello states that they are on the minimum front and side setback on Lot B and they do not want to reduce the size of these dwellings, which are already small. • Glidden states that it should be OK and his only concern is any resident's willingness to Conservation Commission Meeting Minutes November 8, 2007 Page 4 of 7 extend the back yard. • Duques state that the deeds should have disclosures of the wetlands condition, similar to the Osborne Hills deeds. Property owner Lovely agrees to this. Pabich says that the language should state that the BVW line is not static, and should reference that the Order was issued based on the current plan. Pabich opens to the public. David Ayers of 7 Parallel Street states that he is in favor of this project but expresses concern with the flooding and asks that they take care to avoid making it any worse. Pabich: Motion to close the public hearing, seconded by Summer. Passes 5-0. Pabich: Motion to issue a Notice of intent conditioned upon the submission of the new plan showing the creation of flood storage (compensatory flood storage at 1:1, comparing existing and proposed development), street improvements (including granite curbing, re- grading and paving) are to be reviewed and approved by the city engineer, 1/1 grading, signage on each lot showing that wetlands exist, upon completion of construction the applicant shall install a split rail fence along the proposed silt barrier line and disclosure in the deed for the wetlands conditions, seconded by Summer. Passes 5-0. • 6. Request for an Amendment to an Existing Order of Conditions — DEP #64-396 — Massachusetts Electric Company, d/b/a National Grid 25 Research Drive Westborough, MA 01582 Pabich reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed amendments to a previously approved Order of Conditions (DEP #64-396) which includes the removal of less than 100 cubic yards of shallow sediment from tidal flats from northern section of the site located in Collins Cove adjacent to Coastal Beach at 20 Pierce Ave. Ken Fields of BSC Group, representing National Grid, describes the project stating that they dredged and placed a cap in the coastal beach area. He shows the as-built plans and provides photographs of the project site. He says that they will scrape off that top layer of sediment and treat it and back fill with similar size material. He adds that they would like to do the work in December during the solstice extreme low tides. He presents the abutter notification returns. Mark Mahoney of Arcadis, representing National Grid, states that they will use the same construction routine as stipulated in the original Order. Pabich asks where the trucks will be. • Fields states that they will walk the material up to the trucks. Conservation Commission Meeting Minutes November 8, 2007 Page 5 of 7 Mahoney states that the trucks will be on a timber mat roadway. • Fields states that the monitor will have a notice of project change. He adds that they have filed with the DEP, and that the Army Corps of Engineers will review this too. Pabich opens to the public. There are no questions or comments. Summer: Motion to approve the amendment to the existing Order of Conditions, seconded by Glidden. Passes 5-0 Old/New Business 7. Notice of Project Chance, DEP #64-417 18 Freeman Road Property owner and developer Mario Scire states that he will remove the rock which is encroaching in the property line. Glidden states that the stump should be moved off of the site. Scire states that it would cost him $2000-$3000 to get equipment out there to remove the stump. Pabich states that there will probably be more work out there requiring the equipment and this will be determined as the commission's evaluation process moves forward. He says • that he must get an engineer out to the property to advise the commission the exact point to which the land was filled. Scire states that it would cost more money for an engineer. Pabich states that he doesn't want to hear that this will cost him money because he wants to see a photograph of the construction according to the original plan. He says that Scire has deviated from the plans and now there must be some corrections. Duques reads the Order of Conditions and says that Mary Rimmer, Senior Wetlands Scientist stated that she was satisfied. Glidden states that the root base of the two big trees creates the inability to get down to grade. Duques states that she spoke with Mary Rimmer before the replication project. She adds that the Order of Conditions was issued before there was any replication plan. Pabich expresses disapproval for the lack of adherence to the Order of Conditions. Scire complains that he paid for Mary Rimmer and he must pay to get her back. Glidden states that Scire should not be focusing on the timing here, but on what the • commission is asking him to do Conservation Commission Meeting Minutes November 8, 2007 Page 6 of 7 Pabich states that Scire should not complain because he did the work wrong twice. • Glidden states that Scire should not complain about hiring Mary Rimmer, because she was his choice. He adds that if Mary Rimmer says that the project is OK and the commission determines that the project is not OK, the commission will hire an independent peer review of the commission's choosing and Scire will have to pay for it. Glidden says that if the commission determines that the road must be moved back to conform to the original plan, Scire must tear all of this out and begin again. Pabich adds that he wants Mary Rimmer to look at the wall and the drainage. He adds that Scire must get a drainage alteration permit. He states that he wants Scire to present all of this information clearly because if it isn't clear to the commission that this project meet the standards for wetlands protection, Scire have to tear it all out. Duques asks Scire if he can have a draft plan to her before the next meeting, maybe on the 26tH Scire states that he will check. Pabich states that Scire must determine how the guardrails will be installed. Glidden adds that the stump should be removed because it is in the buffer zone. Scire agrees to do all of this and steps out. • 8. Reguest for Certificate of Compliance — DEP #64-442 — 60 Bay View Ave Duques states that DEP appealed this and they will handle it. 9. Discussion of Commission's Purchase of Wetlands Map from DEP Duques displays the map and states that it has been loaned from Fred Votta and the Commission can buy one for $20. The members agree to this. 10. Update on Method to Track the Submittal of Annual Reports Duques distributes a rough draft of the tracking program and the members review the plan. Pabich suggest having a due date field for the annual storm water report. Duques reads the list of locations to be tracked. Pabich suggest adding the self-storage place on the corner of Bridge and Goodhue, and Technology Way. Glidden suggests adding the Social Club. Glidden: Motion to adjourn, seconded by Hamilton. Passes 5-0. Conservation Commission Meeting Minutes November 8, 2007 Page 7 of 7 • The meeting is adjourned at 8:00 PM. • • ¢ormr � - 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,November 29, 2007 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 8 2. Public Hearing—Notice of Intent Carmine and Angelo Mongiello, 120 Swampscott Road, Salem, MA 01970. The purpose of this hearing is to discuss the proposed siltation barrier,placement of new boulders and creation of new stream bank within a coastal bank at 120 Swampscott Road. • 3. Public Hearing—Notice of Intent— Vincent and Albert DiLisio, 115 Swampscott Road, Salem,MA. The purpose of the hearing is for a determination of work related to the removal and relocation of golf net and poles within the 100 foot buffer to Bordering Vegetated Wetlands at 115 Swampscott Road. 4. Old /New Business • Notice of Project Change DEP #64-41718 Freeman Road • Request for an Extension DEP#64-379 220 Highland Avenue Tropical Products • Commission to approve 2008 meeting schedule 7611s notice posted c,n "t?gfttoi 1` �'1 X001 city/ ►fall t :. CACI. at 33A/A �3 1 A .C .L. .': i ;�tp. Cam? CITY OF SALEM r CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,November 29,2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. n Kevin P. Cornacchio, Conservation Commission Chairman Revised Agenda: 1. Meeting Minutes—November 8 2. Public Hearing—Notice of Intent Carmine and Angelo Mongiello, 120 Swampscott Road, Salem, MA 01970. The purpose of this hearing is to discuss the proposed siltation barrier, placement of new boulders and creation of new stream bank within a coastal bank at 120 Swampscott Road. • 3. Public Hearing—Request for Determination of Applicability—Vincent and Albert DiLisio, 115 Swampscott Road, Salem, MA. The purpose of the hearing is for a determination of work related to the removal and relocation of golf net and poles within the 100 foot buffer to Bordering Vegetated Wetlands at 115 Swampscott Road. 4. Old /New Business • Notice of Project Change DEP #64-417 18 Freeman Road • Request for an Extension DEP#64-379 220 Highland Avenue Tropical Products • Commission to approve 2008 meeting schedule This notice p0sf�t1 on I t .,#;., s y City Hail t rs Bobrd• ,1/, � Nov nti ps♦y !µ.{y�['t� :.� $1 A 01 "5,e II c. :1 fl 1. u.M1l f .NZ Iry lI 4' �• ewYV r.e.'VD1: • ' �� c • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, November 29, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton, David Pabich Members Absent: Joseph Furnari, David Summer Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Meeting Minutes - November 8, 2007 Meeting Because Pabich has not yet arrived the members agree to table the minutes until later. Glidden: Motion to table the minutes until later, seconded by Hamilton. Passes 4-0 After Pabich arrives the members review the minutes. Glidden: Motion to approve the minutes from the November 29, 2007 meeting, seconded by Pabich. Passes 4-0. Cornacchio abstains because he was not present. 2. Public Hearing - Notice of Intent - Carmine and Angelo Mongiello, 120 Swamoscott Road, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed siltation barrier, placement of new boulders and creation of new stream bank within a coastal bank at 120 Swampscott Road. Engineer Scott Patrowicz describes the project stating that there is a granite culvert where the water crosses which has been subject to erosion. He says that they would like to deal with correcting the erosion without stopping the water flow or changing the flow pattern. He says that he plans to keep the large stones in place and place a piece of granite stone over the top of the box culvert. Cornacchio asks why the area will be dug out to create a stream. Patrowicz states that he doesn't want to and if the commission deems that it isn't • necessary he won't dig the area out. He adds that the reason for digging the area out was to create additional stream bank, if the Commission believed the proposal would have an impact on the existing bank. Patrowicz stated that there will be a small island in the 4 Conservation Commission Meeting Minutes November 29, 2007 Page 2 of 5 • stream separating the existing stream from the newly created bank. He says that they would like to remove the decayed hay bales. He says that the fence is on the Mongiello property and it might be removed and boulders will be put in its place. Attorney Patrick Deiulis states that the Mongiellos have a right of way over that section of Robinson Road. Patrowicz states that the sediment is coming from uphill and flowing over the top of the boulders. He clarifies that he wishes to have clean flow but not change the flow. He states that the silt barrier will be a marafi filter fabric. He adds that the Mongiellos will remove the silt that builds up on the filter fabric. Pabich states that if this is blocked the flow will not make its way down Robinson Road it will pool and find its way back to the stream. He adds that without further information he cannot determine exactly what will happen with the flow. He says that the Commission must look at this project as a permanent installation. Patrowicz states that for now this is a concept and they will delve further into this plan if it goes forward. He says that he submitted this to DEP but has not received any feedback from them. Glidden states that there should be a condition that any siltation removed from the filter fabric and stream should be relocated to an upland area. • Patrowicz states that it would be better if the upland abutter addressed this issue but they are not so Mr. Mongiello wishes to deal with it. Duques states that the abutter's project is moving along. Ward 3 City Councilor John Pelletier says that the abutters have not even seen this document. Patrowicz presents a document to Pelletier and abutters for their review. The members agree to schedule a site visit for Saturday, December 1 at 7:30 AM. Attorney Deiulis calls attention to the condition of the existing hay bales and asks the Commission if on Saturday they would direct the abutters to clear out the hay bales before they wash into the stream. Cornacchio opens to the public. Vincent DiLisio of 115 Swampscott Road speaks in favor of the project. Fred Hutchinson of 15 Robinson Road states that he wishes to see where they will put the boulders. • City Councilor Pelletier states that the Council will do an assessment of all of the City's culverts, and because the culvert that goes under Robinson Road was not identified, he Conservation Commission Meeting Minutes November 29, 2007 Page 3 of 5 . asks Duques to send him a reminder of this culvert so he can place it on the City's work list. Patrowicz states that this project will reduce the siltation for much of the downstream area. He adds that all of the boulders and the rectangular stone and the screens which will stop the siltation will be on Mongiello property. Pabich states that if this moves forward a plan will be required and Patrowicz agrees. Pabich: Motion to continue this hearing until December 13, seconded by Glidden. Passes 5-0. 3. Public Hearing — Reguest for Determination of Applicability — Vincent and Albert DiLisio, 115 Swampscott Road, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is for a determination of work related to the removal and relocation of a golf ball net and poles within the 100 foot buffer to Bordering Vegetated Wetland at 115 Swampscott Road, Engineer Scott Patrowicz says that this property is across the street from the previously discussed project. He describes the plan stating that they will remove a part of the net and old poles which are falling down and replace it with new poles and net. He says that • they will not go closer to the wetland. The operation will take about 4 days to remove the poles and use an auger truck to make new holes and install new pressure treated poles which go six feet deep. Blier expresses concern with the removal of the trees stating that they have some value. Patrowicz asks if he can cut down a few trees and let this area go back to seed. The members agree for him install 6 shrubs 3-4 feet tall and remove the spoils. Duques suggests a Negative 3 Determination. Cornacchio opens to the public. There are no questions or comments. Pabich: Motion to close the public hearing, seconded by Glidden. Passes 5-0. Pabich: Motion to issue a Negative 3 Determination with the above noted conditions, seconded by Glidden. Passes 5-0. Old/New Business Glidden departs at 7:10 PM. • Notice of Proiect Change — DEP #64-417, 18 Freeman Road Wetlands Scientist Jennifer Hughes from Rimmer Environmental Consulting, LLC, describes Conservation Commission Meeting Minutes November 29, 2007 Page 4 of 5 • the project as-built, and compares it to the original plan. Pabich expresses concern with the design as constructed and property owner Mario Scire says that he will make a swale. Pabich states that he has changed the hydrology of this area and endangered several trees. Hughes, Scire, Pabich and Blier discuss the trees at length. Pabich states that they must complete a 1.5:1 tree replication plan. Hughes says the sweet pepper bush was almost invasive on this property prior to the construction so anything that is planted will thrive. Scire asks when he can apply for the occupancy permit. Duques states that she can discuss that with him tomorrow. She suggests filing an amendment to the existing Order of Conditions, so the proposed changes can be reviewed by abutters and will then be recorded on the property deed. Hughes states that with the decreased size of the house the roof size is now smaller and there is a negligible amount of runoff. Duques asks if they will have the new material to her by next Thursday. Pabich states that Scire must have an engineer approve of the pipe which he installed on the property. • 5. Status Update — 14 Buena Vista Avenue — DEP 064-448, Sideridis Wetlands Scientist Jennifer Hughes describes the plan for vegetation on the site stating that the slope was made steeper than originally planned. She stated that the seed will germinate in the spring and the matting will hold it in place. Hughes asks that they acknowledge this minor modification. Cornacchio states that this is OK. Request for an Extension — DEP #64-379 220 Highland Avenue Tropical Projects Duques states that Tropical Products purchased this property with this existing Order of Conditions but the order was never recorded. She adds that they have requested a one- year extension. Duques states that the approved wetland replication has not been done at the site. The Order also required cleaning of the catch basins. She states that upon sending a notification that the Order was going to expire she informed the current owner that the catch basins were to be cleaned. Duques informed the Commission that Tropical Products responded quickly and had the basins cleaned and showed the Commission the copy of the invoice Tropical Products provided to the Con Com. Cornacchio states that he wishes to see them before extending this. i Conservation Commission Meeting Minutes November 29, 2007 Page 5 of 5 Pabich suggests that they grant the extension and see them at the next meeting with a satisfactory plan. The members agree to this. Pabich: Motion to grant the one-year extension, seconded by Blier. Passes 4-0. Approval of 2008 Meeting Schedule Pabich: Motion to approve the 2008 schedule, seconded by Hamilton. Passes 4-0. Blier: Motion to adjourn, seconded by Hamilton. Passes 4-0. The meeting is adjourned at 8:25 PM. • • ,�cewmrAlf r 7 m CITY OF SALEM ,; Jim E CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday,December 13, 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street.. ilk Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: J 1. Meeting Minutes—November 29 N 2. Continuation of a Public Hearing---Notice of Intent—DEP#64-471—Carmine and Angelo Mongiello, 120 Swampscott Road, Salem, MA 01970. The purpose of this hearing is to discuss the proposed siltation barrier, placement of new boulders and creation of new stream bank within a coastal bank at 120 Swampscott Road. 0 3. Public Hearing—Amendment the Existing Order of Conditions—DEP#64-417— Mario Scire 23 Arrowhead Drive, Saugus, MA 01906. The purpose of the hearing is to discuss the proposed amendment including additional wetland replication to compensate for increased fill, changes to construction of a driveway and grading and footprint of a single-family home at 18 Freeman Road. To be rescheduled. 4. Public Hearing—Notice of Intent Dana DiLisio, 100 Swampscott Road, Salem, MA 01970. The purpose of this hearing is to discus the construction of a paved go-cart track and parking lot expansion within isolated vegetated wetlands,bank resource area, and buffer zone to bordering vegetated wetlands at 100 Swampscott Road. 5. Old /New Business Request for an Extension DEP#64-379 220 Highland Avenue Tropical Products Request for a Certificate of Compliance #64-449 26 Hardy Street Request for a Certificate of Compliance #64-384 43-45 March Street This notice postai •MasslalpBut}�tinoanl' City i P� in etoordanm v lit 23 1 A 238 of 1A.Q,.4. —+alt -7, CITY CITY OF SALEM 9 CONSERVATION COMMISSION • eQrnve iia NOTICE OF RESCHEDULED MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled for Thursday, December 13 2007 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street has been rescheduled to: 0 December 20, 2007 at 6:00 PM City Hall Annex, Room 314, 120 Washington Street r_ T�- this notice posted on "Official Bull tin Board city Hull Salem, Mass. on kjpe, l; X00/7 at / .2/ fi//7 i,-, &;ecsrdanos Wi:�h 3 33A & 230 of M.G.L. • 720 WASH NCTON STREET, SALEM, MASSACHUSETM 01970 • TEL: 978.745.9595 FAX: 975.740.0404 ♦ WWW.SAI,CNI.COM �6hU1Tq CITY OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission has rescheduled its regularly scheduled meeting from Thursday,December 13, 2007 to Thursday December 20, 2007 at 6:00 pm at City Hall Annex, Room 314, 120 Washington Street. Kevin P. Cornacchio, Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—November 29 2. Continuation of a Public Hearing—Notice of Intent—DEP#64-471—Carmine and Angelo Mongiello, 120 Swampscott Road, Salem, MA 01970. The purpose of this hearing is to discuss the proposed siltation barrier, placement of new boulders and creation of new stream bank within a coastal bank at 120 Swampscott Road. • 3. Public Hearing—Amendment the Existing Order of Conditions—DEP#64-417— Mario Scire 23 Arrowhead Drive, Saugus, MA 01906. The purpose of the hearing is to discuss the proposed amendment including additional wetland replication to compensate for increased fill, changes to construction of a driveway and grading and footprint of a single-family home at 18 Freeman Road. To be rescheduled. 4. Public Hearing—Notice of Intent— Dana DiLisio, 100 Swampscott Road, Salem, MA 01970. The purpose of this hearing is to discus the construction of a paved go-cart track and parking lot expansion within isolated vegetated wetlands,bank resource area, and buffer zone to bordering vegetated wetlands at 100 Swampscott Road. 5. Old /New Business Request for an Extension DEP#64-379 220 Highland Avenue Tropical Products Request for a Certificate of Compliance #64-449 26 Hardy Street Request for a Certificate of Compliance #64-384 43-45 March Street • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, December 20, 2007, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton Members Absent: Joseph Furnari, David Pabich, David Summer Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Cornacchio calls the meeting to order. 1. Approval of Minutes - November 29, 2007 Meeting Glidden: Motion to approve the minutes from the November 29, 2007 meeting, seconded by Hamilton. Passes 4-0. 2. Continuation of a Public Hearing - Notice of Intent - DEP #64-471 - Carmine • and Angelo Mongiello, 120 Swampscott Road, Salem MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed siltation barrier, placement of new boulders and creation of new stream bank within a coastal bank at 120 Swampscott Road. Engineer Scott Patrowicz describes the plans for the siltation barrier stating the he will put the upper rocks in mortar (best available hydraulic cement) so as the water comes in contact with the boulders it won't wash them away. He adds that all of the material will be located on the Mongiello property, except for the eroded area at Robinson Road which will be filled with 2" crushed stone. Patrowicz states that a stainless steel screen will be fabricated in the shop with a frame (2' X4') and installed 6" in the ground with posts (with galvanized tracks) on each side. He says that this screen will catch debris and will be cleaned regularly by the Mongiellos. Duques asks if there is a chance if that plowed snow will block the screen. Glidden suggests placing a sign stating "Stormwater Outfall, No Snow Storage" in front of the screen. Glidden and Blier suggest building up the concrete to the grade line and placing the screen on the concrete for easier cleaning and Patrowicz agrees. • Duques asks him to submit a revised plan with a cover letter stating that they are not proposing to construct a stream and that the existing grates will be removed. Conservation Commission Meeting Minutes December 20, 2007 Page 2 of 6 • Cornacchio asks Mongiello if they can remove the piles of silt at the first opportunity and Mongiello agrees. Mongiello expresses concern about the removal of the grates because he fears having leaves or twigs stuck in the old culverts. The members agree to allow him to keep the grates. Cornacchio opens to the public. There are no questions or comments. Glidden: Motion to continue the public hearing until January 10, 2008, seconded by Blier. Passes 4-0. 3. Public Hearing — Amendment to the Existing Order of Conditions — DEP #64= 417 — Mario Scire, 23 Arrowhead Drive, Saugus, MA 01960 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the proposed amendment including additional wetland replication to compensate for increased fill, changes to construction of a driveway and grading and footprint of a single-family home at 18 Freeman Road. Duques states that the paper could not run the legal add for this meeting so it will be continued until January 10, 2008. • 4. Public Hearing — Notice of Intent — Dana Dilisio, 100 Swampscott Road, Salem, MA 01970 Cornacchio reads the legal public hearing notice which states that the purpose of this hearing is to discuss the construction of paved go-cart track and parking lot expansion within isolated vegetated wetlands, bank resource area, and buffer zone to bordering vegetated wetlands at 100 Swampscott Road. Duques distributes the plan and explains that the green highlighting indicates the proposed new grade, and the yellow highlighting indicates the resource area. Wetland Scientist Bill Manuell of Wetlands & Land Management describes the plan pointing out the isolated wetland area, vegetative stream bank, and intermittent stream. He indicates the proposed location for the go-cart track and expanded parking area. He states that the meandering stream has a flat area which collects trash and debris and is cleaned about twice a year. He adds that the applicant would like to replace the stream with a drainpipe over which the parking lot will be installed. He says that this will eliminate a problem area on the site because the intermittent stream has poor water quality and phragmites. Manuell suggests that the Commission condition ultimately that there will be erosion control on the building site which is next to the wetlands. He says that he would be willing • to oversee the construction of the wetland replication area to be sure that it is built correctly. He states that they have exceeded the thresholds for a wetlands habitat environment. Conservation Commission Meeting Minutes December 20, 2007 Page 3 of 6 • Ward 3 City Councilor Jean Pelletier states that the go-cart is not by-right and they must go for a special permit with the ZBA, and there is no use variance allowed for this, and the Commission should wait until they have the special permit before doing work. He adds that there are abutters who are opposed to this project, and that he is opposed to it. He says that the river was built with rip-rap in the 1960s and the Commission should look up the records of that project. Councilor-at-large Lovely states that the Dilisios presented this plan years ago and it was denied. David Dilisio states that adult zoning would be discouraged if more activities like the go- cart track are on the street. Lovely suggests that the Dilisios hold a neighborhood meeting. Pelletier states that this went to ZBA in 1997, and there might be records of the rip-rap with the building inspector from 1997. Engineer Scott Patrowicz states that this would enhance the drainage situation by pitching the drainage to the inside of the go-cart track. He says that this area will act as a retention area in the event of a big storm. He adds that the 24" pipe crossing Swampscott Road will be continued upstream. He says that the other watershed will pull runoff away • from Swampscott Road. Chuck Faia of Parsons and Faia says that the boulders which were placed around the stream did not correct the problem. Glidden agrees that it may not be appropriate for the commission to address this item unless there is a real possibility of it going forward. He describes his four issues, which are: 1. The culverting of the stream, which can increase problems, 2. He wants to see the methodology for determining that this stream is intermittent, 3. Concerning the isolated wetlands and stream, would it be jurisdictional and how would the performance standards change, and 4. How many trees will be removed and are they currently providing any enhancement to the wetlands. Faia says that he identified all of the larger trees and they are diagramed and those in the proposed parking area would be removed. He adds that the stream was considered and intermittent stream in the original filing. Glidden says that they want to see the documentation for that. Faia says that they address the intermittent stream in the report it is in the notice of intent. He said that he treated this area as if it were a BVW. Blier states that just because anything was altered in the past doesn't justify continuing to • make alterations. He adds that the drawing is very difficult to read. Hamilton says that she would like to wait until the ZBA makes a decision. Conservation Commission Meeting Minutes December 20, 2007 Page 4 of 6 • Cornacchio opens to the public. Dan Dandrio, with the Dilisios, does land planning and site work and takes people through the permitting process. He states that he did the work for the Dilisios in 1997 and they took down one big mountain of rock. He adds that they found old culvert pipe there in the stream area and he took it out and discarded it. He says he might have cleaned it up and placed it back in there properly if he knew this would be an issue today. He states that the Delisios keep this area professionally landscaped and maintained. Duques asks if the applicant plans to go before the ZBA. David DiLisio states that they haven't filed anything yet because they wanted to see the Conservation Commission first. Glidden states that the ZBA is the best place for them to start because this application requires extensive plan review from the Conservation Commission. Cornacchio states that he would rather not continue with this until the ZBA makes a decision. Dana Dilisio states that they would still go ahead with plans for the culvert, even if the ZBA denies the go-cart track. • Glidden says they would need to submit a new plan with only the culvert if they choose to go that way. City Councilor Lovely clarifies that the ZBA, not the City Council will issue the permit. She reiterates the need for a neighborhood meeting with the Dilisios. Faia suggests continuing until the February meeting. Duques suggests continuing until February 28, 2008. Glidden: Motion to continue this case until February 28, 2008, seconded by Blier. Passes 4-0. Old/New Business 5. Request for an Extension — DEP #64-379 — 220 Highland Avenue — Tropical Products Duques states that this item was brought to the landowner's attention that the order was to expire on December 9, so on November 29 the commission extended it for one year. She adds that she wrote a letter to Tropical Products asking someone to attend this meeting. • John Dick of Hancock Associates states that the new owner intended to do the work ($20,000 in escrow). He adds that they cleaned up the catch basins with 3" sumps and he Conservation Commission Meeting Minutes December 20, 2007 Page 5 of 6 will install hoods, cut brush and clean the place out. He says that the paperwork says that there has been 625 square feet of filling and they can do 625 square feet of mitigation in the spring, after the thaw. Cornacchio states that he is glad that it is moving forward and that they have cleaned the catch basins. Duques states that she needs a copy of the recording and John Dick provides one. 6. Request for a Certificate of Compliance — DEP #64-449 — 226 Hardy Street Duques shows the photo of the staircase leading to the water that was permitted after the fact. The photos also show a fence which was installed along Hardy Street without an application. She adds that she has their Chapter 91 license. Glidden asks Duques if she can send them a letter advising them that they again conducted activities in the buffer zone to a resource area without seeking Conservation Commission approval, and they are on notice that they should review the Wetlands Protection Act anytime they are considering doing work on their property. Members sign the Certificate of Compliance. 7. Reauest for a Certificate of Compliance — DEP #64-384 — 43-45 March Street • Duques presents photos and states that the special conditions related to construction and required a Chapter 91 license, which they have submitted. The members review the photos. Glidden asks if they required a curb. He and Cornacchio express concern about the absence of a curb around the bulkhead. Glidden states that they did a nice job. Duques read the Order of Conditions and states that there is no mention of the curbing. Members sign the Certificate of Compliance. S. Disposal of Snow Duques states that snow disposal through the city cannot be dumped in any wetlands. Cornacchio states that he has heard reports that snow has been dumped in the South River. These activities have been reported to the Commission regarding the Rocketts property, specifically the Salem Waterfront Hotel and parking lot on Congress Street, and Shetland Park. Cornacchio suggests imposing a $200 fine and a cease and desist order for • both the Rocketts and Shetland. Glidden agrees they should fine them with a cease and desist order for depositing snow Conservation Commission Meeting Minutes December 20, 2007 Page 6 of 6 • into the resource area, and advise them to review their snow management plan. Cornacchio suggests copying in DEP and EPA. Cornacchio says he wants that snow pile moved away from the South River and the walk area. Glidden: Motion to adjourn, seconded by Hamilton. Passes 4-0. The meeting is adjourned at 8:10 PM. • •