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2009-CONSERVATION COMMISSION I � Con �E- -V� f `del lam,-v1�i S S i c� U��{�-� U-�S � ' LAS-�j'✓1 lM i r2u -h�LS V a � - ID I T f t�?b CITY OF SALEM n 4 CONSERVATION COMMISSION �ry76V(S 1VOp, Cllr �Yi i.%- r iSS 2009 Meeting Schedule You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meetings for 2009 every second and fourth Thursday of each month at 6:00 PM in City Hall Annex, Room 313, 120 Washington Street., except for the month of August when the Commission does not meet. lvJ A) ��4I C L� C� DaudA. Pabi&,PE Comermtzen C,orrnrasswn(Iaimmn Thursday,January 8, 2009 Thursday, September 10, 2009 Thursday,January 22,2009 Thursday, September 24, 2009 Thursday, February 12,2009 Thursday, October 8, 2008 Thursday, February 26, 2009 Thursday, October 22, 2008 Thursday, March 12 2009 Thursday, November 12 2009 Y> > Thursday,Manch 26, 2009 Thursday, April 9, 2009 Thursday, December 10, 2009 Thursday, April 23,2009 Thursday,May 14, 2009 Thursday,May 28, 2009 Thursday,June 11, 2009 Thursday,June 25, 2009 Thursday,July 9, 2009 Thursday,July 23, 2009 Aathis nrat3c�s pQ2.,r�S r�r� °irll;, �ri ��< i1����1r� �,�ardF, u ust- No Meetings s{ri g g C♦RY Hall 2%;A c. i. .. �gcowiT,�9Gi a .4 CITY OF SALEM ? , y� CONSERVATION COMMISSION J01 -2 A tt 0l NOTICE OF MEETING CjZ'yCEE€';r You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday January 8, 2009 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. )�V;� � uc� lam. David A. Pabich, P.E., Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—December 11 2. Public Hearing—Request for Determination of Applicability— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the repairs to an existing trail in Salem Woods at 75 Willison Street. 3. Public Hearing—Notice of Intent—City of Salem 120 Washington Street,Salem, MA 01970. The purpose of this hearing is to discuss the repairs and replacement of existing stormdrain pipes behind homes at 9, 11, 13, 15, and 17 Orleans Avenue. 4. Continuation of a Public Hearing— Notice of Intent— DEP #64-482 City of Salem 120 Washington Street Salem, MA 01970. The purpose of this hearing is to discuss the dredging, installation of piers and docks, and development of a terminal building within buffer zone of Coastal Bank at 10 Blaney Street. 5. Continuation of a Public Hearing— Notice of Intent— DEP #64-479—US Coast Guard, Civil Engineering Unit Providence, RI. The purpose of this hearing is to discuss the excavation, removal and disposal of lead impacted soil,backfilling and re-seeding within the buffer zone of a Coastal Bank and Land Subject to Coastal Storm Flowage on Bakers Island. 6. Continuation of a Public Hearing—Abbreviated Notice of Resource Area Delineation—DEP# 64-468— Camp Lion of Lynn Mass., Inc. Salem, MA 01970. The purpose of this hearing is for a determination of a delineated wetland boundary line at 488 and 488 Rear Highland Avenue. 7. Continuation of a Public Hearing—Notice of Intent—DEP#64-485—Hawthome Cove Marina 10 White Street, Salem MA 01970. The purpose of the hearing is to discuss the construction of a one- story building and associated utility work located within land subject to coastal storm flowage at 10 White Street, Hawthorne Cove Marina. i • 8. Public Hearing— Notice of Intent— DEP # 64-484—Delulis Brothers Construction Co, Inc. 31 Collins Street Terrace,Lynn,MA 01902. The purpose of this hearing is to discuss the construction of a cul-de-sac extending the existing Circle Hill Road, subdivide the land for two additional lots and construct three single family homes. The project takes place within the buffer zone to bordering vegetated wetland at 40 Circle Hill Road. 9. Continuation of a Public Hearing—Notice of Intent—DEP # 64-481—Shelly Bisegna, North Shore Medical Center, 81 Highland Avenue Salem, MA 01970. The purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road. This item will be continued until January 22, 2009. 10. Old/New Business • Request for a Certificate of Compliance #64-383 Ward Two Social Club of Salem hic. 1-3 East Collins Street • Salem Sound Coast Watch to provide update on Pickman Park project 'This notice P®sted on "Offlom:3l Bulletin Board" City Hall ryry 4 33 "�.a� • Page 2 of 2 Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, January 8, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Rebecca Christie, Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton Members Absent: David Pabich Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Vice Chairperson Christie calls the meeting to order. Christie is present only for the approval of the minutes and for the public hearing regarding 10 Blaney Street. For all other items, Cornacchio assumes the role of the Chair. The meeting begins with the project at 10 Blaney Street. 1. Auuroval of Minutes — December 11, 2008 Meeting • Glidden: Motion to approve the minutes, seconded by Blier. Passes 4-0. Voting members are Blier, Christie, Glidden and Hamilton. 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-482 — City of Salem. 120 Washington Street, Salem, MA 01970 Chirstie reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the dredging, installation of piers and docks, and development of a terminal building within buffer zone of Coastal Bank at 10 Blaney Street. Cornacchio recuses himself from this issue and steps out. Engineer Ron Bourne, of Bourne Consulting, describes the changes that were made to the plan and states that Dominion has signed this application. He explains that there is an AUL (Activity and Use Limitation) on this site so they plan to use a bituminous pavement. He states that all stormwater shall be collected, separated through an oil/water separator, and discharged into two locations and there will be no infiltration beds, and the drainage system will be relocated to minimize the impact into the contaminated areas. He says that this site is in a V-zone, so there will be no filling, and that the building is on an open foundation, consistent with the current building code. Glidden asks about the grading. • Bourne says that he anticipates some grading, but rather than excavating they will be bringing more material to the site to raise the two low spots. Conservation Commission January 8, 2009 Page 2 of 11 Glidden asks if this is detailed in the plan. Bourne states that it will be part of the final construction documents. Michael Geisser, LSP, states that contamination (chromium and lead) was discovered on this site and the exact locations and extent of the contamination were defined and it was determined that the optimal design was to leave the material in the site and to impose an AUL, which restricts excavation below three feet. Bourne states that all of this will be part of a plan. Geisser explains the following: • All grading will be done pursuant to the Health and Safety Plan and the Soil Management Plan, and will not present any significant risk to public safety or the environment. • Prior to the start of work, an LSP will hold a health and safety meeting will all workers involved with the handling of the soil. Any workers that come on board after the start of the work must be trained in health and safety procedures before beginning work. All workers must sign off on the plan upon completion of the training session. • The LSP is not required to be on the site after the training is completed and all workers have signed the plan. 9 • A team member, who must be trained in OSHA HAZWOPPER standards, will be • assigned to oversee the project. Glidden asks if drainage structures will be below 3 feet. Bourne said that the manhole will be below 3 feet and they will avoid the areas of significant contamination. Glidden asks if there will be stockpiling, and any stockpiled material must be covered and truck traffic must be covered. Geisser states that protections will be in place for both of these activities, and that stockpiles will be covered and secured, and any material removed from the site will be covered under the Health and Safety Plan and Soil Management Plan. Hamilton states that storage of material must take place on an impervious surface and Geisser agrees. Hamilton asks them to point out the "Hot" areas and Bourne points to the areas on the plan. Blier asks about the infiltration, Bourne states that the entire site will be paved will be a bituminous pavement. Glidden asks to restate the building procedure. • Conservation Commission January 8, 2009 Page 3 of 11 • Bourne states they are filling back behind the building, to secure the building against a 100-year storm. Blier confirms that any material under the house will remain in its current condition. Bourne describes the wall and the footings for the building as a combination of sonnet tubes and wall segments behind the riprap, and at the low water mark, piles will be installed rather than footings. Glidden clarifies that they will return to the commission for the landscaping plan and the contractors meeting. Duques states that the members have a draft Order of Conditions in their packets, which lists six special conditions. She suggests adding the following conditions 1)covering and securing stockpiled materials outside of the buffer zone, 2)the applicant shall provide details regarding the wheel wash prior to the start of construction and 3) the applicant shall provide details regarding the construction access and traffic patterns in and out of the site prior to the start of construction. Christie opens to the public. Mike Furlong of 4 Blaney Street asks what FEMA recommends for the height elevation for a V zone. He suggests securing and weighting the tarp used for covering the stored material • with sand bags. Bourne agrees to adding this to the conditions but suggests the condition state using sand bags, tires or other weight to secure tarps. Glidden: Motion to close the public hearing, seconded by Hamilton. Passes 4-0. Glidden: Motion to issue an Order of Conditions with conditions listed in the draft plus the other conditions discussed, seconded by Blier. Passes 4-0. 3. Public Hearing — Reauest for Determination of AwAicability — 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 discuss the repairs to an existing trail in Salem Woods at 75 Willson Street. Duques states that Mike Salerno and Doug Boland are here. She says they completed a plan to create trail improvements. Mike Salerno provides an overview of the project, stating that the entrance trail into Salem Woods is over 1 mile long, bordered by swamp waters, sometimes on both sides, and the trail has been sinking down into the water, so it is wet and muddy most of the time. He adds that any materials that are place on top of this will eventually sink in. He says that he is a member of Friends of Salem Woods, an organization that is seeking a long-lasting solution to restore this trail to its historic height. He says that this material has been used • in the Berkshires and it is being considered for Walden Pond. Conservation Commission January 8, 2009 Page 4 of it Salerno explains he plans to install a new honeycomb-like, environmentally friendly • material to raise the grade of the trail, and when the project is finished, you cannot tell that this material is installed. He identifies 4 sections of the trail (about 150 feet each) that are targeted for this installation. He adds that the city applied to the state for a grant, and he is here for an RDA from the commission. Salerno states that he intends to begin by working on only one section first (about 125 feet), and if those results meet everyone's approval he will complete the other three sections. In order to qualify for the grant, Salerno must recruit volunteers and report all of the volunteer activity to the state. Salerno states that he expects to use 20-30 volunteers and have about 4 wheelbarrows moving constantly to fill in the honeycomb with stones. Duques states that a material is called GeoWeb, a honeycomb material that will be filled in with stones. Salerno shows a sample of the material, which will sit on top of a layer no-grow fabric, then filled with rocks and topped with another layer of no-grow fabric and topsoil. Glidden asks if there is a chance these areas might be connected to a wetland. Salerno states that there is a conveyance between the two sides, and currently there are five sections of plank used as a bridge over that connecting area. He adds that he will not use the GeoWeb this over the stream, but will install up to the end of it and use wooden planks to cross the stream. Glidden asks about seasonal fluctuations in the width of the stream. • Salerno states that right now it is the widest he has ever seen it. He adds that he has done over 50 trail projects, and it has never been a concern, and the water will flow through the honeycomb. Duques suggests a site visit. Salerno explains that the state reviews this project, and this is his third such grant project, and he would like to apply this project to the Salem State area as well. He iterates that the Friends of Salem Woods are watching this closely and they will all evaluate it. Regarding the time frame, Salerno states that he is planning on doing this in late winter, before the vegetation begins to grow so they know where the real boundaries are. Cornacchio opens to the public. There are no questions of comments. The members agree to a site visit on Saturday, January 10, at 8:30 AM. Glidden: Motion to continue this hearing until January 22, 2009, with a site visit on Saturday, seconded by Hamilton. Passes 4-0. 4. Public Hearing — Notice of Intent — City of Salem, 120 Washington Street, Salem, MA 01970 Cornacchio reads the legal public hearing notice, which states that the purpose of this • Conservation Commission January 8, 2009 Page 5 of 11 • hearing is to discuss the repairs and replacement of existing stormdrain pipes behind homes at 9, 11, 13, 15, and 17 Orleans Avenue. Cornacchio reads a letter dated January 5, 2009, from Andrew Rose of 276 Highland Ave, owner of the Mattress Giant property, in support of the project. David Knowlton shows the plan and explains that a troublesome city drain system passes through the Mattress Giant property and ultimately discharges to the Forest River, and at times it backs up and there has been water on Orleans Ave. He adds that a survey of the lines has revealed a section with roots protruding into the pipe, and another section near the manhole that has settled and filled with material and is not draining properly. He shows the profile of the system and explains that he would like to replace the about 83 feet of pipe and correct the manhole issue. Cornacchio states that this project will help out the homeowners in this area by correcting the flooding issue. Cornacchio opens to the public. Thomas Potorski, who owns 9 Orleans Ave, states that he has water issues on his property. He describes his problems at length and speaks in favor of the project. He suggests having another back-yard catch basin installed, as well implementing a maintenance program upon completion of this project. • Cornacchio states that the city went after a lot of grant money addressing the flooding problems. Scott Charlton of 11 Orleans Ave asks if there is a less invasive method for this project. He states that he has 2 willow trees behind his house and he doesn't want them to be impacted. He adds that the Mattress Giant changed their elevation, which might have impacted this issue. Knowlton states that the city has been cutting the roots out of the pipe with a root cutter and it has not been successful. He adds that a representative from the city will talk to him prior to the work. He estimates this project to last about 2 weeks. Cornacchio confirms that all of the proposed work will take place on the city right-of-way. Cornacchio suggests a site visit on Saturday on 9:15 AM. Knowlton states that there will be riprap to stabilize the walls. Hamilton: Motion to continue until January 22, 2009 with a site visit on Saturday, seconded by Glidden. Passes 4-0. S. Continuation of a Public Hearina — Notice of Intent — DEP #64-479 — US Coast Guard, Civil Engineering Unit, Providence, RI • Cornacchio reads the legal public hearing notice, which states that the purpose of this Conservation Commission January 8, 2009 Page 6 of 11 i i h excavation, removal and disposal of lead impacted soil backfilling hearing s to discuss the e cap c g and re-seeding within the buffer zone of a Coastal Bank and Land Subject to Coastal Storm , Flowage on Bakers Island. Cornacchio states that he listened to a recording of the previous meeting, and signed an affidavit, which qualifies him to vote on this issue, per the Mullen Rule. Duques states that there is a Draft Impact Memorandum and an Environmental Protection Plan and a plan showing the specific location of a temporary ramp and a trail leading up to the remediation area. Ed Price with Charter Environmental states that he will avoid the specified areas of trees. Glidden reminds them that the path will go to the right of the stairs and avoid going over the stairs. He calls attention to the plan, which indicates that the path will include the stairs and recommends a clarification of this point in the conditions. Al Stambler from the U.S. Coast Guard agrees. Cornacchio asks if Salem Historical got a copy of the plans, and Stambler says yes. Cornacchio confirms that there was a site visit on October 4, 2008. Duques states that the plan was amended to exclude the slope side of the engine house, • because the Commission had concerns about erosion there. She adds that testing will be done there and if remediation is required they will return to the Commission. She adds that the same is true for the area outside of the Jeep Shed. Cornacchio confirms that there will be an LSP on site at all times. Duques states that she will make that a condition. She adds that Pabich was concerned about the restoration - he wants sea grasses on areas closer to the beach, and not loam and seed. Ruth Buck of Bakers Island states that they used the cutter for a path in that area. Blier states that if this is not mown it will not stabilize, and loaming and seeding will not be enough, and sumac will smother it. The members agree that the bank will be stabilized even if the sumac fills in over the grass. Duques states that Pabich was concerned about the use of salt water with the fresh pond down hill from the site. Stambler clarifies that they will use fresh water. Glidden says that should be a condition. Cornacchio opens to the public. • I Conservation Commission January 8, 2009 Page 7 of 11 • Robert Levins, abutter to this project, of 385 Magnolia Ave, Gloucester, states that he submitted a letter to the Commission. He says he doesn't know how the Order of Conditions and NOI will be filed at the Registry because there is no deed for this parcel. He provides an in-depth history of the property. Stambler submits an attorney's report on the issue. Levins states that there was a land swap in 1901 of 13,000 square feet, and the government failed to record this deed. He adds that there is nothing on file at the Registry of Deeds for this property. He expresses concern that the Commission has no surety that the work will be done. Glidden explains that this issue has been discussed and resolved and he describes the process for the Deed. Levins expresses concern about any additional contamination. Stambler says they will test and advise the Commission if additional contamination is found. Levins states that he was also concerned about the salt water. He adds that another concern is with the location of the barge being moved frequently and the effect it will have on areas that are opened. • Ed Price confirms that the barge will leave the island every night and there might be days when the barge doesn't come to the island, and there will be a separate vessel for personnel landing in the same area. Cornacchio suggests that they add a condition that the LSP make a determination as to the feasibility of the landing of the barge on a daily basis. Levins points out a discrepancy regarding the remediation standards. Stambler reads lead standards. Glidden asks why this matters under the wetlands protection act. Levins states that it doesn't matter but it is a concern to him. He adds that he is still concerned about the archeological site. Peter Golden of Bakers Island asks about the time frame. Ed Price states that they wish to begin in early April. Duques states that there will be a pre-construction meeting, and she will coordinate with the Harbor Master and the construction manager to go there for a meeting. • Peter Golden states that there are two caretakers on the island and he will provide the phone number. Conservation Commission January 8, 2009 Page 8 of 11 Duques review the conditions, which include: • • An LSP shall oversee all work • Spill kits shall remain on site throughout the duration of the project • Dust shall be controlled throughout the duration of the project with fresh water only • The stairs shall remain as is and the path to the right of the stairs will be widened to 10 feet • The Jeep Shed and the Engine House will be tested and any contamination found must be reported • An LSP and captain shall determine if the condition permits the landing of the barge and excavation activity. Glidden: Motion to close the public hearing, seconded by Hamilton. Passes 4-0. Hamilton: Motion to issue an Order of Condition with the above noted special conditions, seconded by Glidden. Passes 4-0. 6. Continuation of a Public Hearing — Abbreviated Notice of Resource Area Delineation — DEP #64-468 — Camp Lion of Lynn Mass, Inc. Salem. MA 01970 Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is for a determination of a delineated wetland boundary line at 488 and 488 Rear Highland Avenue. Cornacchio reads a letter requesting a continuance. • Glidden: Motion to continue until January 22, 2009, seconded by Hamilton. Passes 4- 0. 7. Continuation of a Public Hearing — Notice of Intent — DEP #64-485 — Hawthorne Cove Marina, 10 White 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 one-story building and associated utility work located within land subject to coastal storm flowage at 10 White Street, Hawthorne Cove Marina. Cornacchio states that he and Amy Hamilton listened to a recording of the previous minutes and signed an affidavit, which qualifies them to vote on this issue per the Mullins Rule. He adds that there was a site visit on January 3, 2009. Susan St. Pierre says that she spoke to the company that provides the modular units and she provides a sketch of the delivery method for the units. She adds that they will need to do two crane lifts. She provides a construction plan and states that they will install erosion control around the catch basins. She adds that there will be no need for hay bales if they will complete all of the work on the seaward side of the utility trench in one day. She explains that they will reuse excavate on site by filling in next to the building and about six yards will be spread around sloping away from the water. • I Conservation Commission January 8, 2009 Page 9 of 11 . Blier states that the construction plan is very clear. St. Pierre says they can put in a condition that they grade away from the ocean. She adds that the roof will have asphalt shingles with no gutters or downspouts, and there is no significant increase of pervious materials. Cornacchio opens to the public. Barbara Warren of 5 Hardy Street suggests looking at the plastic recycled lumber for the deck. Owner Russell Vickers agrees to look into it but states that it must be structurally compatible with the use. Glidden: Motion to close the public hearing, seconded by Blier. Passes 4-0. Duques reviews the special conditions, which include: • The commission shall receive copies of the Chapter 91 license • The final grade will be graded away from the resource area. Glidden: Motion to issue an Order of Conditions with the above noted conditions, seconded by Hamilton. Passes 4-0. S. Public Hearino — Notice of Intent — DEP #64-484 — DeIulis Brothers . Construction Co. Inc. 31 Collins Street Terrace. Lynn, MA 01902 Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the construction of a cul-de-sac extending the existing Circle Hill Road, subdivide the land for two additional lots and construct three single family homes within the buffer zone to bordering vegetated wetland at 40 Circle Hill Road. Engineer Scott Patrowicz states that he will get the abutters' cards to Duques tomorrow. Duques states that this issue has been continued since October. Patrowicz states that they need to go to land court. He states that this is a piece of land that is a portion of Circle Hill, near DiBiase Park, and there are many paper streets going through here, and Circle Hill road dead ends and they wish to put in a cul-de-sac with a proper turning radius for fire trucks. He adds that Dave Knowlton visited the site and concluded that a country drainage system (no pipes) would be the most appropriate method for this parcel. He describes the plans for the drainage and states that they will bring the water mien up. Cornacchio asks if Mr. Stedman is aware that the drainage will go on his land. Patrowicz states that it is going there now and there will be no additional drainage going there because there are shrubs on the property. He adds that there will be no curbing on • the downhill side of the road. He says there will be a petition to the city to plow this road, and that he wasn't proposing any planting. Conservation Commission January 8, 2009 Page 10 of 11 Glidden states that he would like to have signage installed on the boundary of Lot #3 to i discourage dumping. Cornacchio expresses concern about the salt and Blier agrees. Chris Cole of 33 Circle Hill Road agrees, and states that the storm drain is right in front of his house. Patrowicz states that they will install a small lawn depression (grass swale) to divert the water to the park. He suggests providing a pre and post watershed impact statement. Duques asks if they could use porous pavement on this road and Patrowicz says he will consider it based on his impact study. Scott Fournier of 38 Circle Hill Road states that he got water in his basement, and expresses concern about the runoff. Glidden asks if these houses will have a full basement and DeIulis says the basements will be cut into the hill. Much discussion ensues regarding the runoff issue and the grading. The member express concern about the drainage and the salt. Patrowicz states that they can discuss this after he as completed a watershed report. • Cornacchio opens to the public. Barbara Warren of 5 Hardy Street confirms that they will redefine the edge of the park. Blier confirms that grading will be on the paper street to make this work. Ward Three City Councilor Jean Pelletier asks when the park was built, and if some of the land was taken back. Glidden states that that isn't an issue for the commission. Patrowicz states that the property lines are delineated. The members agree to a site visit on Saturday, February 7, 2009 at 8:00 AM. Glidden: Motion to continue this hearing until February 12, 2009 with a site visit on February 7, seconded by Hamilton. Passes 4-0. 9. Continuation of a Public Hearing — Notice of Intent — DEP #64-481 — Shelly Bisenga, North Shore Medical Center, 81 Highland Avenue, Salem, MA 01970 Cornacchio reads the legal public hearing notice, which states that the purpose of this • hearing is to discuss the expansion of the existing heliport pad located within the buffer I' Conservation Commission January 8, 2009 Page it of 11 zone to bordering vegetated wetlands at 24 Old Road. Acting Chair Cornacchio continues this hearing until January 22, 2009. Old/New Business 10. Reauest for Certificate of Compliance, DEP #64-383. Ward Two Social Club of Salem Inc. 1-3 East Collins Street Duques states that the applicant would like a full certificate of compliance. She adds that the applicant has completed all of the necessary work required under the Order of Conditions however, two growing seasons have not passed since the plants were planted this part fall. She adds that he can't refinance his property until he has a clear deed and that means he needs a certificate of compliance. She explains that she suggested they put the cost of the plants in escrow and issue a full certificate of compliance, but the applicant was not receptive to this. The Commissioners notice tires in the photos presented to them. Glidden states that he wants to see blooming plants in the spring before he can issue a full certificate of compliance, and the others agree. 11. Salem Sound Coast Watch to provide update on Pickman Park nroiect Barbara Warren provides an update on the project to remove the phragmities. She shows the pictures of the site and describes the work. Cornacchio confirms that the ditching did work. Warren says they will continue doing the burnout and cutting there. She confirms that the average height was of the phragmities dropped by about 100 centimeters, but she acknowledges that it is difficult to eradicate phragmities. Glidden: Motion to adjourn, seconded by Hamilton. Passes 4-0. The meeting is adjourned at 9:30 PM. zCITY OF SALEM l CONSERVATION COMMISSION �nMe NOTICE OF MEETING v You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday January 22, 2009 at 6:00 pm at City Hall Annex, Room 313,=120 V&hington Street. David A. Pabid AP*E"E. Conservation CommissJon Cham an Tentative Agenda: 1. Meeting Minutes—January 8 2. Continuation of a Public Hearing— Notice of Intent—DEP# 64-481—Shelly Bisegna, North Shore Medical Center, 81 Highland Avenue Salem, MA 01970. The purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road. 3. Continuation of a Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the repairs to an existing trail in Salem Woods at 75 Willson Street. 4. Continuation of a Public Hearing— Notice of Intent— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the repairs and replacement of existing stormdrain pipes behind homes at 9, 11, 13, 15, and 17 Orleans Avenue. 5. Continuation t P li o a Public Hearing— Abbreviated Notice of Resource Area Delineation—DEP# 64-468— Camp Lion of Lynn Mass., Inc. Salem, MA 01970. The purpose of this hearing is for a determination of a delineated wetland boundary line at 488 and 488 Rear Highland Avenue. 6. Old/New Business • Update on Greenscapes • 25 Cloverdale Avenue Update on this project • Update on 100 Swampscott Rd Project This notice posted on "Official u ietin Boa City Wall Salem, €mass. 0 at //: Am in p:'coru:y.r:3:� Edi` hap. 23A alt�29I ,off M.014 4�, • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, January 22, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Rebecca Christie, Kevin Cornacchio, Michael Blier, Keith Glidden, Amy Hamilton, Carole McCauley Members Absent: Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order and introduces the new member Carole McCauley. 1. Aooroval of Minutes — January 8, 2009 Meeting Glidden: Motion to approve the minutes, seconded by Cornacchio. Passes 5-0. • Voting members are Blier, Christie, Cornacchio, Glidden and Hamilton. 2. Continuation of Public Hearing — Notice of Intent — DEP #64-481 — Shelly Biseana, North Shore Medical Center, 81 Highland Avenue. Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road. Engineer Scott Patrowicz states that he has a revised design for this heliport pad at the Salem Hospital because Boston Med Flight is in the process of getting a much bigger helicopter. He says they will build a new concrete pad near the old pad. He explains that the survey is complete, the wetlands are flagged, and buffer zones are indicated in the plan. He states that, with the permission of the Commission, they cleared some trees to accommodate Boston Med Flight, who threatened to cease landing operations on the site. Patrowicz states that Boston Med Flight is comfortable with this new design, but it hasn't been mapped out on the site yet. He add that the grade is existing and they cleared to the existing edge. Pabich confirms that there is a small amount of re-grading needed at the outer edge. He points out the limit-of-work line, stating that the trees must be cut down to 3 feet within that line, as well as trees outside the line, which have canopies overhanging the helipad space. He suggests having a site walk. Conservation Commission January 22, 2009 Page 2 of 7 Blier asks why they don't just clear it and then plant material that will not grow higher • than 3 feet. Patrowicz agrees to look at it during the site visit. Pabich asks about the current conditions for that site visit. Patrowicz states that the tall material will be visible but they will be walking in snow during the site visit. Pabich asks about long-term maintenance. Patrowicz states that it will be weed-wacked with a blade about once every six months. Cornacchio asks if there will be enough room for the fire truck, which attends all landings. Patrowicz says that he thinks the fire truck will be on the parking area, not the helipad. The members agree to a site visit on Saturday, February 7, at 9:00 am. Pabich opens to the public. There are no questions or comments. Glidden: Motion to continue this public hearing until February 12, with a site visit on February 7, seconded by Cornacchio. Passes 6-0. McCauley abstains. • 3. Continuation of a Public Hearing — Reauest for Determination of Aoalicability — City of Salem. 120 Washinaton Street, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the repairs to an existing trail in Salem Woods at 75 Willson Street. Pabich states that he and Christie both listened to a recording of the previous hearing and signed an affidavit, which qualifies them to vote on this issue. Pabich states that there was a site visit on Saturday. Chris Burke, a member of the Friends of Salem Woods, states that they amended the application as a result of the comments from the Commission, and they will keep about 50 feet of boardwalk in the first area. He clarifies that they will extend the boardwalk about 10 feet up to the existing boardwalk, and place 50 feet of GeoWeb leading up to that boardwalk in the first area. He adds that they like this method because the trail will not continue to widen. Burke explains that they will install the first 2 sections in the spring and observe it, and if they are happy with it they will install the other 2 sections in the fall. Pabich opens to the public. There are no questions or comments. • Conservation Commission January 22, 2009 Page 3 of 7 • Duques suggests issuing a Negative 3, approving the proposed work, which does not include the approximately 50 foot area located in the first project area. Instead this 50 foot section would contain wooden planks extending over the resource area. Glidden: Motion to issue a Negative 3 with the condition that the wooden planks be placed over the wet area in project area 1, seconded by Christie. McCauley abstains. 4. Continuation of a Public Hearing — Notice of Intent — 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 repairs and replacement of existing stormdrain pipes behind homes at 9, 11, 13, 15, and 17 Orleans Avenue. Pabich states that he and Christie both listened to a recording of the previous hearing and signed an affidavit, which qualifies them to vote on this issue. Pabich confirms that the City plans to repair the troublesome pipe and there was a site visit on Saturday. He adds that the site is compact and easy to work with. Glidden states that he doesn't understand the new design for that pipe because there will • be no headwall. City Engineer David Knowlton states that there will be a flared wall with some riprap around it. He show the plan. Glidden asks if it will slump in and Knowlton states that it shouldn't. Cornacchio asks if they will excavate to be sure that there is a good solid base under it, and Knowlton says that they plan to. Cornacchio confirms that the city will pull out the debris. Pabich states that they need to use plantings to stabilize this area. Knowlton says that they will loam and seed. Pabich states that loam and seed alone may not be adequate they might need hay or jute mat to help out on that area. Blier asks if they have figured out where the pipe really is. Knowlton states that they can guess but it will really require them to dig it to find it. • Duques asks which section they will work on first. Conservation Commission January 22, 2009 Page 4 of 7 Knowlton says that it will be up to the contractor. • Christie asks if they will clear the underbrush. Bill Ross of New England Civil Engineering says they will only clear debris. Cornacchio states that they may need to write letters to the abutters. Pabich suggests that they add a condition that all disturbed areas of slope must have a stapled jute mat cover. Pabich opens to the public. Scott Charlton at 11 Orleans Avenue expresses concern that the work will adversely affect his property because a shed will be moved and it will affect his two Willow Trees. Pabich states that this is out of the jurisdiction of this Commission. He suggests that he speak to the City solicitor. Tom Potorski of 9 Orleans Ave asks if this new system will be able to remain flowing and not back up. He looks for assurance that this will correct the water issues that he has been experiencing. Pabich states that this should, from an engineering prospective, radically improve the situation. He adds that ongoing maintenance is a DPW issue, and they can condition this • Order of Conditions to have this monitored at least once per year. Christie asks if they can use a pipe made of a material that will resist the intrusion of the tree roots. Knowlton states that they can go with concrete or plastic pipes, and the plastic will have longer lengths, and fewer joints, and this action will discourage the tree roots. Glidden: Motion to close the public hearing, seconded by Hamilton. Passes 6-0. Glidden: Motion to issue an Order of Conditions to include the conditions that a yearly maintenance plan will be submitted to the Conservation Agent, and jute mats be installed on all disturbed areas of slope, and a silt curtain and erosion control be in place during construction, seconded by Cornacchio. Passes 6-0. McCauley abstains. 5. Continuation of a Public Hearing — Abbreviated Notice of Resource Area Delineation — DEP # 64-468 — Camp Lion of Lynn Mass., Inc. Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is for a determination of a delineated wetland boundary line at 488 and 488 Rear Highland Avenue. • Conservation Commission January 22, 2009 Page 5 of 7 • Pabich states that there was a site visit on Saturday. Terry Gensel states that there is a stream that, at one point, goes under the ground, with an intermittent channel. Above that seems to be ledge and outcrop. He adds that there is a wet spot up along the drive where he checked the soils that is not isolated, it is bordering. He states that there is about 10 feet of bank. Duques asks how big the culvert is that goes under the driveway and Gensel says that he doesn't know. Pabich asks if this is dry for a good portion of the year, and Gensel states that it is dry for most of the year. Cornacchio confirms that there is a lot of ledge up there. He says that it is all flagged. Cornacchio: Motion to issue an Order of Resource Area Delineation, seconded by Christie. Passes 6-0. McCauley abstains. New/Other Business 6. Update on Greenscapes • McCauley recuses herself from this issue and steps out. Barbara Warren speaks about the Greenscapes program for 2009. She states that she conducted 2 Greenscapes presentations for the city, and the program has all of the right messages for saving our water, and more people are aware of the practices. She adds that she hopes Salem will join again this year. Warren explains that last year's guide was overwhelming, so now there is nothing date specific in this years guide. She presents a mock-up of the calendar, containing suggestions for water protection through the year (April - March). She states that they would not require communities to mail it out, so the cities and towns can determine how they wish to distribute it. As an example, she says that Wenham will place the calendar in all of their water bills. To get a good price on the printing, Warren explains that a minimum of 2018 calendars must be ordered. She describes additional benefits of membership, such as discounts on plants and products (15% off), and the website. She offers to place article in the newspaper mentioning that Salem is a member. Warren states that the total fee for the City is $1500, plus the cost for 2018 calendars ($706), coming to a total of $2206. Duques states that the Commission could split the costs with Julie Rose in the Engineering • Department, so the Commission's portion of the fee would be $1103. Conservation Commission January 22, 2009 Page 6 of 7 Cornacchio states that it is a great opportunity to get the information out. • Pabich states that the change of format is great. Duques asks if they have any opinions on how the City would distribute it if they do not mail it. Pabich states that he likes the idea of enclosing a notice with the water bill, which advises people of where the calendars can be picked up. Blier suggests the YMCA. Cornacchio suggests the Council on Aging. Blier: Motion to approve the expenditure of to up to $2206 for this program, seconded by Cornacchio. Passes 6-0. 7. Update on 100 Swampscott Road Proiect Duques state that this is the go-cart project that was appealed by DEP because they wanted them to remove the culvert, and then the applicant found more parking. She shows the new plan for the parking lot. She adds that they also had to reflag the wetlands area because they wanted the area to be brought down low enough to remain wet. She says that the DEP has a long list of additional conditions. Pabich asks Duques if she can get information from DEP on their specific objections to this • project so that the commission will have this information when going forward with other projects of this type. Duques states that the DEP still wants the commission to be involved in the preconstruction meeting. She agrees to get details for the reasons for their appeal. S. DiLisio Property that Drains into Rosie's Pond Duques states that Pabich discovered a problem with this property. Pabich states that he spoke to the property owner about this. He says they could install some sort of stone bed to catch some of the fines before they wash into Rosie's Pond. Duques explains that city land abuts DiLisio's property. It currently contains piles of debris and sediment that must be removed, and the DiLisios were willing to move them. Duques says she will follow up with the property owner and the city engineer about developing a solution. 9. Robinson Road Duques states that they haven't done anything and she looked at the erosion control with a regulator from DEP. She adds that the DEP will be following up on this project. • Conservation Commission January 22, 2009 Page 7 of 7 ko 10. Stormwater and Erosion Control Compliance Conference Duques states that she attended a conference last week and learned that most people are moving away from hay bails and using socks filled with mulch or straw. She also noted that the Commission should be aware of Stormwater Pollution Prevention Plans and their role of controlling stormwater runoff on construction sites 1 acre or larger. Glidden: Motion to adjourn, seconded by Blier. Passes 7-0. The meeting is adjourned at 7:45 PM. i �CofJU1T 1. CITY OF SALEM A - CONSERVATION COMMISSION 2001 FEB -5 P 5. 48 i:ILE r NoTicF oFMEETIlNG CITY CLERK, SALE11, MASS, You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday February 12, 2009 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. David A. Pabich, P.E., Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—January 22 2. Continuation of a Public Hearing-- Notice of Intent— DEP # 64-484—DeIulis Brothers Construction Co, Inc. 31 Collins Street Terrace, Lynn, MA 01902. The purpose of this hearing is to discuss the construction of a cul-de-sac extending the existing Circle Hill Road, subdivide the land for . two additional lots and construct three single family homes. The project takes place within the buffer zone to bordering vegetated wetland at 40 Circle Hill Road. 3. Continuation of a Public Hearing—Notice of Intent—DEP#64-481—Shelly Bisegna,North Shore Medical Center, 81 Highland Avenue Salem, MA 01970. The purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road. 4. Old/New Business • Discussion of renewing GIS license and updating pictometry •Discussion regarding the appeal and Superseding Order of Conditions issued by DEP for 100 Swampscott Road This notioe posted on "Official Bulletin ward" City Hail Salem, Cass. on �:M m b A� at ` y ,ynq in �.���r�r� as wji,.h Chap. 3�' oto 23A WO of �A.L. City of Salem — Meeting Sign-In Sheet Board a�m1- Date Name Mailing Address Phone # Email AV i Page of • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, February 12, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Rebecca Christie, Michael Blier, Amy Hamilton, Carole McCauley Members Absent: Kevin Cornacchio, Keith Glidden Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. 1. Aooroval of Minutes — January 22, 2009 Meeting Hamilton: Motion to approve the minutes, seconded by McCauley. Passes 4-0. Christie arrives. • 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-484 — DeIulis Brothers Construction Co, 31 Collins Street Terrace, Lynn, MA 01902 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the construction of a cul-de-sac extending the existing Circle Hill Road, subdivide the land for two additional lots and construct three single family homes within the buffer zone to bordering vegetated wetland at 40 Circle Hill Road. Patrowicz states that there was a site visit on Saturday, and because they need to do some additional surveying he needs to continue this issue until March 26, 2009. He adds that he plans to enhance the drainage in the area. Pabich states that they will have over an acre of disturbed land, which will prompt an NPDES permit. He adds that the enhanced drainage system cannot direct the water into another person's property, and the other people on the other street must be advised of the NOI. Patrowicz states that he could place a berm along the back of the property line to prevent the runoff into another property, but it would look bad. Christie states that the biggest concern was that the wall would become a waterfall. McCauley asks about the possibility of snow melting into the wetland. • Patrowicz states that the wetland is at least 50 feet from the edge of the road. Conservation Commission February 12, 2009 Page 2 of 4 Pabich expresses concern about the proximity of lot #3 and suggests rotating the house or • moving it back on the lot. Blier suggests placing the driveway on the other side of the house. Pabich states that the property owner must disclose the wetland restrictions to any prospective buyers. He adds that the wall may need to be removed to discourage people of dumping. Pabich opens to the public. There are no questions or comments. Christie: Motion to continue this hearing until March 26, 2009, seconded by Blier. Passes 5-0. 3. Continuation of a Public Hearing — Notice of Intent — DEP #64-481 — Shelly Biseana, North Shore Medical Center, 81 Highland Avenue. Salem. MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road. Christie listened to a recording of the hearing she missed on September 25, 2008 and signed an affidavit, which qualifies her to vote on this issue. Scott Patrowicz states that they had a site visit on Saturday. He points out the vegetation • and trees that must be cut. He adds that some of the trees that were cut have grown back quickly and he might need to remove the stumps of the cherry trees and plant grass, and no-mow plans within the 72 foot radius from the center. Blier asks about the perimeter planting. Patrowicz states that they will keep the plants that are there and fill in vacant areas. Pabich asks if they could move the center of the helipad further away from the wetlands. Patrowicz states that the FAA stipulates that they maintain a set distance from the parking area. Pabich states that he would like to explore the possibility of moving this to another spot further away from the wetland, and he saw that there is an alternative helipad in the parking lot. Patrowicz states that this is not a great habitat area and they can't use the alternate helipad because they can not put lights there because it is in the middle of the parking lot. He stresses the importance of accomplishing this because the FAA wants this. Pabich states that he understands but he would like to have additional trees added to the • wetland. Conservation Commission February 12, 2009 Page 3 of 4 Blier states that this seems like a reasonable request in terms of scope and scale. Pabich states that the applicant is asking to remove in perpetuity a significant piece of the buffer zone, and in exchange he would like some smaller trees, perhaps cherry, in the vegetated area. Discussion ensues regarding possible locations for new trees. Pabich indicates one area on the plan and Patrowicz states that the area is a mess because the snow storage is near there, and he suggests another site walk. Pabich agrees to another site walk. Patrowicz requests a continuance until March 26, 2009. Blier: Motion to continue this hearing until March 26, 2009, with another site visit scheduled prior to the next meeting, seconded by Hamilton. Passes 5-0. Old/New Business 4. Discussion of renewing GIS license and updating pictometry Duques states that the commission needs to renew the GIS license for map data and it • costs $425.38. She adds that the City wishes to purchase 2008 pictometry images (they are now using images from 2003). She explains that these images will allow the City to access parcel information and other data and the cost of the purchase can be split with other departments, so the cost for the Commission would be $1825 ($1240 without the GIS person's support). She states that these are both great tools and they offer different features. Duques states that the annual MACC fees are an additional $52. Duques states that the Commission has a current balance of over $38,000. Hamilton: Motion to approve all of these requests, seconded by Blier. Passes 5-0. 5. Discussion regarding the appeal and Superseding Order of Conditions issued by DEP for 100 Swampscott Road Duques states that she spoke with Nancy White, with the DEP, who expressed concerns about changing the make-up of the bank, and the way the stormwater runs through that area. She describes the DEP appeal to the Commissions ruling, and the new requirements for the applicants. The members discuss this appeal and the new restrictions for the project. • Pabich states that he is happy with this appeal and the end result of the ruling. Conservation Commission February 12, 2009 Page 4 of 4 6. Stormwater Ordinance • Duques states that she is working with David Knowlton to draft a Stormwater Ordinance. The members discuss the aspects of this ordinance. Blier: Motion to adjourn, seconded by Christie. Passes 5-0. The meeting is adjourned at 7:00 PM. • • « , CITY OF SALEM CONSERVATION COMMISSION 2009 MAR -6 A 10: 45 FILE CITY CLERii. ')ALEN, HASS NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday March 12, 2009 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street. David A. Pabich, P.E., Conservation Commission Chairman Tentative Agenda: 1. Meeting Minutes—February 12 2. Public Hearing Request for a Determination of Applicability—Dominion Energy 5000 Dominion Boulevard Glen Allen, VA 23060. The purpose ofthis hearing is to discuss borings proposed adjacent to sheet pile wall at Dominion Energy located at 24 Fort Avenue within Salem Harbor. 3. Old /New Business • 25 Cloverdale Avenue update on planting change and status of as-built plans • Revised cost for designing public way signage • Updated costs for pictometry images to include the islands with structures on them (Baker's, Tinker's, Great Misery, Little Misery, and Children's) • Discussion of Council's request for Commission to attend meeting regarding Tinker's Island This notice posted on "Official 4'f19BUll En B®&W City Half Salem, MaSS. on �y1�1R Olt / L,4 1':..SJ�u+w il4 w:l.iJ h chap. so 23A & 23E of Please Sign-In Salem Conservation Commission Meeting March 12, 2009 Name Mailing Address Phone Email J�� �,c�,L N-,Q���S�-�,e✓c�— Q78.771S�rGFs • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, March 12, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Michael Blier, Kevin Cornacchio, Rebecca Christie, Keith Glidden, Carole McCauley Members Absent: Amy Hamilton Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. 1. Approval of Minutes — February 12, 2009 Meeting McCauley: Motion to approve the minutes, seconded by Blier. Passes 5-0. Voting members are Blier, Christie, Cornacchio, McCauley, and Pabich. • 2. Public Hearin Re ues for a Determination of A licabilit — Dominion Hearing g t o pp v Energy. 5000 Dominion Boulevard, Glen Allen, VA 23060 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss borings proposed adjacent to sheet pile wall at Dominion Energy located at 24 Fort Avenue within Salem Harbor. Cornacchio recuses himself for this item. Cornacchio asks permission to remain in the room and answer questions and Pabich agrees to allow him to stay. Nicole Wilkinson, water/waste specialist, states that they will make borings (3 borings) to collect geotechnical data to study the wall and determine how much life there is left in the wall and whether any maintenance is required. She says that the work will be completed within a two-week window. She explains that all of the work would be done from a floating barge, and the borings extend to a depth of 49 feet below the mien low water line, and the borings will be done within a casing to minimize any sediment and to contain the work within the casing. She adds that they will be taking samples every 5 feet. Pabich asks what the depth of the sea bed is at that point. Cornacchio states that the depth of the bottom of the basin is 36 feet below the low mien • water line, so the borings will be 15-20 feet below that. Conservation Commission March 12, 2009 Page 2 of 4 Pabich asks what the diameter of the borings will be. • Wilkinson states that the diameter of the borings will be 6 inches. Cornacchio clarifies that the existing wall is a steel sheet pile wall. Wilkinson clarifies that the reason for this procedure is to check the wall for maintenance to determine when it will need to be replaced. Rob DeRosier confirms that there are no buildings near the site and no activity occurs in that area. Pabich states that it seems pretty straightforward. He asks what the anticipated level of contamination of the sediments is. Nicole states that they have Clean Harbors on contract to remove and properly dispose of the material and that the sediment would not be put on site; the sediment would be drummed. Pabich says that it seems as low impact as they get. Duques recommends a issuing a -2 Determination, which requires no special conditions. Glidden: Motion to issue a -2 Determination of Applicability, seconded by Christie. • Passes 6-0. Old/New Business 3. 25 Cloverdale Avenue - update on planting change and status of as-built plans John Dick of Hancock Associates, representing Mr. Ambler, presents the plan stating that the site plan was approved in October 2006 with a planting spec for the fill slope consisting of Blueberries and sprigs, and those plantings won't work, so he wrote a new spec for the plantings. He explains that a section of the slope slumped and a contractor dragged the soil back and secured it with riprap. He states that he is here tonight to ask the Commission to approve the modified the planting protocol and acknowledge that work is progressing as planned. Pabich clarifies the location of the failure. Cornacchio confirms that the tire has been removed from the site. Dick states that the plan was to stone some of the slope and plant some of the slope. Pabich suggests that the owner ensure that there are no other large pieces of debris in the slope. He concludes that they used bad fill that failed. Dick states they will plant 35 conservation grade (3-4 feet tall) shrubs and some vines. He • Conservation Commission March 12, 2009 Page 3 of 4 states that he likes vines because they have a huge root system and they will cover the . rock bank. He says he would like the Commission to confirm that this is moving along as planned, pending an as-built plan. Pabich states that Duques can write a letter and send it to Mr. Ambler. 4. Revised cost for designing public way signage Duques states that this estimate is from Roll Barresi and Associates and the original proposal was $4500 for signage for at least 3 access points, and she asked them to reduce the price and after the third try the price is down to $900. She says the signs would not be site specific so they can place them anywhere in the City where they determine it would be appropriate. Cornacchio recommends advising the City Council of these sign designs. The members discuss the possible locations for these signs. Duques states that she is looking for approval from the Commission to use the funds to purchase these signs. Glidden suggests using the City seal on the signs. Pabich suggests a graphic of the Derby Wharf Lighthouse. Duques asks if they would like having boating and fishing icons on the signs. Cornacchio says he thinks they should be simple with the City seal and "Enjoy this public way." The members agree to check with the City Council before committing funds to this. Pabich states that they can conditionally approve this. Blier states that this new price is a bargain. Glidden: Motion to approve the funds pending design approval from the City Council, seconded by Cornacchio. Passes 6-0. 5. Updated costs for oictometry images to include th islands with structures on them (Baker's, Tinker's. Great Misery, Little Misery. and Children's) Duques states that the original price quoted did not include pictometry for the islands, but now they have 5 departments splitting the cost so she is asking for an additional $388.34. Cornacchio: Motion to appropriate from the funds of the Conservation Commission $388.34 for the pictometry images for Baker's, Tinker's, Great Misery, Little Misery, and Children's Islands, seconded by Glidden. Passes 6-0. Conservation Commission March 12, 2009 Page 4 of 4 6. Discussion of Council's reauest for Commission to attend meeting reaardina Tinker's Island Duques states that nobody has to attend because this is a different person and is only a legal matter. 7. Baker's Island Duques states that she should be hearing form the City Council soon about the appeal for the Baker's Island decision. The members discuss this appeal. S. Checklist of Questions for Applicants Pabich states that Duques has prepared a checklist for things that the Commission will consider while gathering information. The members discuss the merits of providing a list of the required information from each applicant. Cornacchio: Motion to adjourn, seconded by Glidden. Passes 6-0. The meeting is adjourned at 7:00 PM. • gow?,,t� � T CITY OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularxprlrgttule'd-rde'eting on Thursday March 26, 2009 at 6:00PM at Citv Hall Annex, Room 313 120 Washington Street. David A. Pabich, P.E., Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes—February 12, 2009 2. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a bike path to connect to the existing bike path located along the Bridge Street by-pass located within a Riverfront Area between Saunders and Lemon Streets. 3. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to motior stream flow in the Forest River. 4. Public Hearing—Notice of Intent—City of Salem 120 Washington Street,Salem,MA.The purpose of this hearing is to discuss repairs/improvements to an existing seawall at the end of Hubon Street. 5. Public Hearing—Request for Determination of Applicability—North Shore Medical Center 81 Highland Avenue Salem,MA 01970. The purpose of this hearing is to discuss the construction of a new mechanical shaft connected to Davenport Building at 81 Highland Avenue. 6. Continuation of a Public Hearing—Notice of Intent—DEP#64-481 — Shelly Bisegna,North Shore Medical Center, 81 Highland Avenue Salem, MA 01970. The purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road. 7. Continuation of a Public Hearing—Notice of Intent—DEP # 64-484 — Delulis Brothers Construction Co, Inc. 31 Collins Street Terrace, Lynn, MA 01902. The purpose of this hearing is to discuss the construction of a cul-de-sac extending the existing Circle Hill Road,subdivide the land for two additional lots and construct three single family homes. The project takes place within the buffer zone to bordering vegetated wetland at 40 Circle Hill Road. 8. Old /New Business • Commissioners to provide feedback on general guidelines for filing with the Conservation Commission This notice posted on "Offlclal Bulletin Board" City Wall 3t ll,ag inn , Please Sign-In Salem Conservation Commission Meeting March 26, 2009 Name Mailing Address Phone // Email cScpii�G��1a..�� C�- / `-f� �!\o�•.�r� Sf; 5 �2.• �'S1. • �`�oo S`o^. P�i nn.�iC•� Q) • • • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, March 26, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Michael Blier, Rebecca Christie, Kevin Cornacchio, Amy Hamilton, Carole McCauley Members Absent: Keith Glidden Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. 1. A[mroval of Minutes — February 12, 2009 Meeting Cornacchio: Motion to approve the minutes, seconded by Christie. Passes 5-0. Voting members are Blier, Christie, Cornacchio, McCauley, and Pabich. • 2. Public Hearing — Request for Determination of Agolicability — 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 construction of a bike path to connect to the existing bike path located along the Bridge Street by-pass located within a Riverfront Area between Saunders and Lemon Streets. City Engineer David Knowlton describes the plan stating that he intends to connect the bike path up to Bridge Street, and this path will be completed as part of the Bridge Street (IA) construction project. Duques states that Councilor Sosnowski wished to make the Commission aware that the open area near bike path is private property and the owners plan to develop 2 units and 2 Garages on that lot. She explains that the bike path will go on the right side (southern side) of that lot. Knowlton points out the area of concern on the plan and assures the Commission that the bike path will not encroach on the private property. Pabich asks if they will bring up the grade. • Knowlton states that it will be brought up less than 1 foot. Conservation Commission March 26, 2009 Page 2 of 8 Pabich states that he is comfortable with this and a site visit will not be necessary. Duques recommends a -2 Determination. • Cornacchio: Motion to issue a -2 Determination, seconded by Hamilton. Passes 6-0. 3. Public Hearina — Reauest for Determination of Aoolicability — 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 construction of a v-notch weir to monitor stream flow in the Forest River. Engineer David Knowlton states that a large part of the South River Watershed goes through the golf course and goes to Rosie's Pond to the South Harbor, and they have been metering the level to get flow elevations, and they would like to explore holding back some water during heavy rain and allowing it to trickle in. He assures the Commission that there is not a lot of resource that would be impacted, and they need a detail survey. He explains that if some water can be held back during a heavy rain it would minimize the amount of water flowing through this entire area and prevent flooding. Pabich asks if there is some degree of impounded water there now. Knowlton states that there is and that area gets very wet. He adds that they will model the whole system and he will return to the Commission as he continues with this plan. Pabich confirms that Knowlton would like to continue this and they will look into a • temporary v-notch. Blier: Motion to continue this public hearing until April 23, 2009, seconded by Hamilton. Passes 6-0. 4. Public Hearing — Notice of Intent — 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 repairs/improvements to an existing seawall at the end of Hubon Street. Engineer David Knowlton states that this is an emergency project that is almost done. He explains that they began work as soon as they noticed that the seawall was falling and they utilized an on-call construction contract with North Shore Marine. Cornacchio asks if the footing failed. Knowlton states that there really was no footing and some of the activity on top of the wall was not very healthy for it, and there were large concrete barricades that aggravated the whole situation. He explains that they inserted a steel I-beam under the building to hold it up. The members review the photographs of the work that has taken place and Knowlton • Conservation Commission March 26, 2009 Page 3 of 8 • describes the procedure, which includes: • The wall was taken down very quickly • The base of the wall was prepped • Forms put in place • Concrete was poured and allowed to sit over the weekend • The forms were removed • The wall was rebuilt using large blocks pinned together with rebar • A drainpipe was installed • 4 ft of large crushed stone was filled in between the wall and the land • Filter fabric was inserted between the large blocks and the stone • Preparation for paving has begun Knowlton states that although the tide comes up the wall, he did not see a large discoloration in the water. He describes the mechanism for holding up the building. Pabich asks what the City will do with the snow in the future. Knowlton states that he does not know. He adds that there will be a guardrail across the wall. Duques clarifies that this project does not have a DEP number yet so the Commission cannot issue the Order of Conditions. Pabich states that one special condition should be to have some type of snow . management. Duques confirms that the catch basin will be cleaned on a regular basis. Pabich states that a site visit will not be necessary because the work is already completed. Cornacchio: Motion to continue this public hearing until April 9, 2009, seconded by Hamilton. Passes 6-0. 5. Public Hearina — Reauest for Determination of Applicability — North Shore Medical Center, 81 Highland Avenue. 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 new mechanical shaft connected to Davenport Building at 81 Highland Avenue. Engineer Scott Patrowicz states that the Hospital plans to build a tall (11 stories high) mechanical shaft in the back of the Davenport Building. He adds that the mechanical shaft is adjacent to the small parking lot, which will be used for staging, and the shaft will have an 18' x 12' footprint. He states that there is a catch basin and drainpipe with debris that needs removal. Duques states that she believes that it is a regular catch basin. • Patrowicz states that he will install a silt fence and sock or hay bales. He suggests having Conservation Commission March 26, 2009 Page 4 of 8 a site visit. I Pabich states that a site visit may not be necessary because the impact to that site is • minimal. Cornacchio agrees but expresses concern about the catch basin. Duques confirms that there will be no loose material in the staging area. Patrowicz explains that the only disturbance will be people and equipment moving over the area. He says the sewer line is away from this area (about 7 feet away). Blier asks if the trees will be removed and Patrowicz states that they will. Duques states that she recommended that the trees be replaced. Blier states that the paper birch could be lifted and moved. Pabich says the condition will be to save or replace all lost trees. Cornacchio states that one condition would be to have the catch basin surrounded by a sock. Pabich expresses concern about the continuousness of the bituminous berm. Patrowicz states that he will put the erosion control up gradient of the berm. He agrees to • submit a revised plan to Duques. Hamilton states that she would like to know how deep the sewer line is. Patrowicz makes a note to get that information. Pabich opens to the public. There are no questions or comments. Hamilton: Motion to close the public hearing, seconded by Cornacchio. Cornacchio: Motion to issue a -2 Determination, with the conditions listed: • Save or replace all trees with minimum caliper of Y-5" • Plan to be revised to include erosion control down to existing catch basin • Inspect catch basin • Sewer pipe depth to be inspected The motion is seconded by Blier. Passes 6-0. I Conservation Commission March 26, 2009 Page 5 of 8 6. Continuation of a Public Hearing — Notice of Intent — DEP #64-481 — Shelly • Bisegna, North Shore Medical Center, 81 Highland Avenue, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road. Pabich states that Cornacchio listened to the recording of the previous public hearing and signed an affidavit, which qualifies him to vote on this issue. Engineer Scott Patrowicz states that the grading is subtle, the outer edge is where the silt fence will go and all of the trees will be cleared. The project did get a signature from the Mayor so they have the proper endorsements from the City. Pabich states that there are significant caliper trees being removed and no plans to replace them. Patrowicz states that they are under budget problems so they are not interested in replacing any of these trees. Cornacchio confirms that it is a rule of thumb to replace all lost trees, and it is hard for him to understand the budget issue. Pabich confirms that the removal of the large trees will have an impact on this area. • Patrowicz asks what they are requesting in terms of tree replacement. Pabich states that he would not need to install large caliper trees, perhaps three small saplings. He says that the group should look at the trees to be removed and then come up with a plan for replacing the removed trees. Patrowicz indicates the property line and states that the City owns the abutting property. Pabich asks how the helipad is maintained in the winter (plowed or salted). He adds that he wished to have another discussion about the snow storage on the site. Patrowicz states that he does not know how the helipad is maintained in the winter, and indicates that he would prefer to have the site visit during the week when the applicant can attend. The members agree to hold a site visit on April 23, at 4:45 PM, with an alternate date of May 14, at 4:45 PM. , Patrowicz requests that the hearing and site visit will be continued until May 14 if the applicant cannot attend the site visit on April 23. Blier: Motion to continue this public hearing until April 23, 2009, seconded by • Hamilton. Passes 6-0. Conservation Commission March 26, 2009 Page 6 of 8 7. Continuation of a Public Hearina — Notice of Intent — DEP #64-484 — DeIulis Brothers Construction Co, Inc. 31 Collins Street Terrace. Lynn, MA 01902 • Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the construction of a cul-de-sac extending the existing Circle Hill Road, subdivide the land for two additional lots and construct three single family homes, within the buffer zone to bordering vegetated wetland at 40 Circle Hill Road. Pabich states that Cornacchio listened to a recording of the previous public hearing and signed an affidavit, which qualifies him to vote on this issue. Engineer Scott Patrowicz states that they looked into minimizing the water that was going into the area of concern and they saw a depression in the back so they surveyed it and he now has a revised plan. He indicates the depression and states that it is on the applicant's property, so now that they have a good area to go to he would like to capture the watershed up higher and direct it into the depression, to prevent it from going through the abutting back yard. He explains that he will take the depression and push up the grade, and that will pull all of the water in the direction of the depression and lessen the amount of the watershed that goes to the road. Pabich expresses concern about the water spreading outside of his property to the back of another property. He asks if there is ponding in the back yards now. Patrowicz states that there is no ponding but the abutter claims that the water is rushing through his back yard. • Pabich states that the area in the lower back yard is outside the Commission's purview and the applicant should discuss this with the Planning Board. He suggests moving the footprints in order to have a smaller impact on the wetlands. Much discussion ensues regarding the options for relieving the impact on the wetland, including moving the driveway on house #3. Patrick DeIulis suggests having the Commission define the "limit of work line" for the buyer so he can design the house within the specified parameters. Pabich suggests having no building within 20 feet from the wetlands. Blier asks if they will need to remove the trees when they grade for the road, and Patrowicz states that the grade is gradual and they will not need to remove any trees. Pabich clarifies that there will be a "limit of work line" 20 feet from the buffer zone, possibly 25 feet. Blier states that there is not enough information to have the NOI based on the construction of the three homes, only for the construction of the road and the creation of the three lots. Duques says they would need to do an amendment for lot #3. • • M Conservation Commission March 26, 2009 Page 7 of 8 Pabich asks where the roof drainage will go and Patrowicz indicates this on the plan and • offers to show the roof drains on the revised plan. Duques reviews the conditions: • House and driveway shall be a minimum of 20' from the wetlands. • Rework grading so large trees on City's Dibiase Park can be saved and remain. • Any deviation to this plan shall be submitted to the agent for review to determine if a full amendment is necessary. Duques offers to draft the conditions. Pabich recommends that this hearing be continued. Blier: Motion to continue this hearing until April 9, seconded by Hamilton. Passes 6-0. Old/New Business S. Commissioners to provide feedback on general guidelines for filina with the Conservation Commission Duques reads the new title for the guidelines as suggested by Glidden. McCauley suggests adding the guideline that the applicant save paper and plastic by submitting proposal in paper, double-sided and stapled (no plastic cover). • Hamilton suggests having a column for SWPPP (stormwater pollution prevention plan) and low impact design. The members discuss some other specific guidelines. Duques agrees to rework the document for the next meeting. 9. Lead Mills Pabich states that there is a disaster at the Lead Mills because of the failure in the granite seawall so soil is running into the river. He recommends bringing the DEP into this issue. He adds that there is an issue because they are filling the wetland, and they are filling it with contaminated soil. Pabich recommends instituting a $200/day fine beginning Sunday, when he discovered it. Duques agrees to write a letter. 10. Public Access Signs Duques says that the signs do not require any additional permitting and she will advise the Commission when she receives another estimate for the installation of the signs. . 11. Salem Woods Trail Work Conservation Commission March 26, 2009 Page 8 of 8 Duques states that the work will be occurring on April 4 and she is looking for volunteers. • Blier: Motion to adjourn, seconded by Hamilton. Passes 6-0. The meeting is adjourned at 8:16 PM. • CITY OF SALEM .t�� CONSERVATION COMMISSION • ���7MIN6;. `ILL- 4 NOTICE OF MEETING CITY CLD.li, SALEM,MASS. You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday April 9, 2009 at 6.00PM at City Hall Annex,Room 313, 120 Washi n Street. a Davlld�Pabich,P.E., Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes—March 26, 2009 2. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the Forest River. Continued to April 23,2009. • 3. Public Hearing—Notice of Intent—City of Salem 120 Washington Street,Salem,MA.The purpose of this hearing is to discuss repairs/improvements to an existing seawall at the end of Hubon Street. 4. Old /New Business • Update on the status of 485 Lafayette Street, the former Chadwick Leadmilis Site • Draft design of public access sign presented to the Commission • Commissioners to provide feedback on general guidelines for filing with the Conservation Commission • Invitation to attend meeting regarding Peabody's Flood Mitigation Project, April 13 at 7 pm. • This notate posted on "Official Bulletin Board" City Mall FWem, Mass. on APR - 3 2009 at � a m 'n accord ' a 1f'M Chap. 39 $60. 23A 1/ : /322 of W.G.L. Please Sign-In • Salem Conservation Commission Meeting April 9, 2009 Name Mailing Address Phone Email 7,�sl f e-kn rg?/�, iems/ 77, �;y) gc) R, P�az��Y67 �as� oa-/l G 6l7 -)IIV6 I_ t La 3Afrc y Awa rc ave. M i4-'r^b s� i� • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, April 9, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Michael Blier, Kevin Cornacchio, Keith Glidden (at 6:15 pm), Amy Hamilton Members Absent: Rebecca Christie, Carole McCauley Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. P 9 1. Aooroval of Minutes — March 26. 2009 Meeting Blier: Motion to approve the minutes, seconded by Hamilton. Passes 4-0. 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-484 — DeIulis • Brothers Construction Co. Inc. 31 Collins Street Terrace, Lynn, MA 01902 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the construction of a cul-de-sac extending the existing Circle Hill Road, subdivide the land for two additional lots and construct three single family homes within the buffer zone to bordering vegetated wetland at 40 Circle Hill Road. Engineer Scott Patrowicz explains that he has modified the design since the last meeting and he moved the driveway on the lot #3 and they now have 25 feet between the limit of work line and the wetland (a 25 foot undisturbed zone). He says they will create a berm that will straddle lots #1 and #2 to prevent the runoff. Duques states that there is a draft Order of Conditions in their papers. She calls attention to the third paragraph, which identifies the area of work. Blier asks what the driveways will be made of. Patrowicz states that the material has not been defined yet. Pabich says he would like to have a tool for the person doing the construction on lot #3 to report to the Commission prior to work. Patrowicz states that they would typically go before the Commission if the plan differs from • that approved by the Commission. Conservation Commission April 9, 2009 Page 2 of 6 Pabich makes a suggestion for new language in the Order pertaining to the builder for lot #3, to be sure that he come before the Commission prior to work, and the members • agree. Pabich opens to the public. There are no questions or comments. Cornacchio: Motion to close public hearing, seconded by Hamilton. Passes 4-0. Cornacchio: Motion to approve the Order of Conditions as amended. Passes 4-0. 3. Public Hearing — Reauest for Determination of Applicability — 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 construction of a v-notch weir to monitor stream flow in the Forest River. Pabich states that this item has been continued until April 23, 2009. 4. Continuation of a Public Hearing — Notice of Intent — 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 repairs/improvements to an existing seawall at the end of Hubon Street. Duques states that the City Engineer cannot make the meeting but the Commission • reviewed this already and they were waiting for a DEP number. She adds that they now have the DEP number, which is 64-488. Pabich says the site looked good today when he visited and he recommends a condition for a guardrail or granite block. Cornacchio suggests the condition for snow management. Duques clarifies that they wish to have an actual intent for the snow management. Pabich opens to the public. There are no questions or comments. Cornacchio: Motion to close the public hearing, seconded by Hamilton. Passes 4-0. Duques review the special conditions, which include: • A guardrail or granite block will be placed at the edge of the parking area. • The applicant shall submit a plan for snow management. Hamilton: Motion to issue an Order of Conditions with the above listed special conditions, seconded by Cornacchio. Passes 4-0. Old/New Business S. Reauest for an Extension to existing Order of Conditions #64-396 — National • Conservation Commission April 9, 2009 Page 3 of 6 Grid (KeySpan Facility) beach capping Waite and Pierce Streets • Duques states that she received a request for extension from Arcadis because they need to have new wetland monitoring programs. Kenneth Lento, project manager, explains that they planted native species and several other species, including clover, came back and they would like to have the extension to replant the native species. Blier: Motion to grant the extension, seconded by Hamilton. Passes 4-0. 6. Update on the Status of 485 Lafayette Street. the former Chadwick Leadmills Site Duques states that she prepared an outline of the timeline, which in the members' packets. She reviews the timeline from the time of the discovery of the violation. She confirms that she and Pabich visited the site on April 3 after the work on the failed section of the seawall was completed. She explains that they have not yet received a plan confirming that the remainder of the wall has been inspected and is in adequate condition. Ted Tobin, representing the applicant, states that the wall was inspected and they didn't find any areas of concern. He introduces property owner Richard Bain. Glidden arrives. • Duques reviews the findings of Mark Roberts, who determined that an LSP was not required on this site. Tobin explains that this is because the river is contaminated as well as the wall and a piece of the wall fell into the river that is already contaminated. He adds that there were mussels and shells at the high water line. Pabich states that the discovery of the shells and mussels explains why there is a mound indicating the limit of work. He asks about the remediation. Tobin states that they will use a method called monitored natural attenuation, and a page 3 was filed, stating they will clean up all of the land within the retaining wall but they will not clean up the water. Pabich expresses concern about the material that has come through the wall. He states that he would like some spot sampling in the immediate vicinity of the clean up. Tobin states that there was sampling taken from there prior to the work. Pabich states that they represented that there was no level of contamination above that which would allow children to play in that area. He adds that he wishes to confirm that the same condition exists after the material in the wall fell into that area. • Tobin states that DEP is about to comment on the findings of their decision. Conservation Commission April 9, 2009 Page 4 of 6 Glidden states that the Commission's concern is appropriate because they see a changed • circumstance, so he would like someone to go there now and give an opinion of this method of Natural Attenuation. Tobin states that DEP may not take any more comments. Glidden states that the Commission would like a licensed professional to provide a current determination regarding the contamination levels in this area. Pabich agrees and states that known contaminants behind the wall have breeched the wall and he would like all of the mortar joints closed up to prevent any contaminated material from seeping through the wall, as well as an evaluation by an LSP to determine that this incident was cleaned up appropriately. Glidden acknowledges that contaminated soil fell into a resource area, and that this should not be viewed as the material falling into a contaminated area, because it is a resource area. He adds that this is a very basic request. Tobin confirms that they cleaned it up and then stopped filling it in and they had an LSP review what they planned on doing. Pabich states that he would like them to do additional sampling. He adds that the failure illuminates the fact that the structural analysis on the wall was incomplete or incorrect, so he would like that wall assessed for its ability to hold back any and all contaminants behind • there. Tobin agrees to review this with Mark Roberts. He points out that the people that should have cleaned it up didn't do the job well and he would like them to do it now. Pabich states that it appears that there are pot chards on the beach, but the wall itself is a bigger concern than originally determined and he is in favor of changing the Order of Conditions because the condition has change since it was originally crafted. Tobin suggests that the Commission send a letter to the DEP. Pabich emphasizes that the owner must be sure that the wall doesn't fail, so he requests that a professional engineer review the wall. He suggests citing a change in the overall scope of that presented to Commission. Owner Richard Bain states that he received the letter on March 30, and because they responded as quickly as they did he respectfully requests that the fines be waived. Pabich states that he anticipated such a request and because the wall is in Bain's control and the wall failed, he wishes to maintain the fines. Glidden agrees with Pabich stating that Bain must know what he bought and the responsibility that was required, yet because Bain responded so quickly he would consider • waiving the penalties, but not until the wall has been reviewed. Conservation Commission April 9, 2009 Page 5 of 6 • Blier agrees with Glidden stating that the owner contracted with a company to ensure that this site was safe and he did respond quickly. Cornacchio agrees with Blier stating that the owner did indeed responded quickly. Pabich suggests they hold the fine issue in abeyance until the wall is evaluated. Owner Richard states that he doesn't want to be adversarial about this he just requests respectfully that they consider waiving the fine. Pabich states that he has no problem using the $2200 in fines to repair the wall. Pabich states that this issue will be discussed again after the wall has been inspected. 7. Draft design of public access sign presented to the Commission Duques show the sign design and states that they didn't get back with the new design with the City seal yet. She adds that it is the City's standard sign. She says that if the members are OK with this design she will get some pricing information for them. The members agree that the design is good. • S. Commissioners to provide feedback on aeneral guidelines for filing with Conservation Commission Duques states that she updated the list for guidelines, stating that she reworded some of them to be more direct and divided them into categories. Pabich suggests that the members review this for the next meeting. Duques agrees to email new guidelines to the Commission. 9 I_nv_itation to attend meeting reaardina Peabody's Flood Mitigation Proiect, April 13 at 7 pm Duques reminds the Commission of the meeting date and time. Glidden states that he wishes that the downstream factor be adequately considered. Duques states that the City Engineer has been following this project and requested a peer review and they have a consultant on board. Glidden states that Salem should have a united comment. He suggests scheduling several meetings for this, because commenting to DEP on MEPA may not be enough. • Duques states that DEP helped her craft the letter that she sent to Peabody. She agrees Conservation Commission April 9, 2009 Page 6 of 6 to get a summary of the status of the work. 10. Peabody Street Park Art Component • Duques explains that the art component for the park will be made up of 9x9 tiles, painted by students (5-12 years old), and the that painting will be done at the Salem YMCA on April 23 at 3:00 pm. She adds that the children should be wearing clothes that they can paint in, and the theme for the paintings will be Sea Creatures. She asks the Commission to advise anyone with children within this age range about this event. Salem Woods Proiect Pabich states that he was there on Sunday and he noticed that they put down the GeoWeb filled with 3/4 inch crushed stone held in place with boulders and put thick clay-like loam on top of it and that will wear off. He adds that it should be dressed up with gravel and the loam should be removed. Bob Cappuchio states that he wood chipped that trail about 6 years ago and it lasted for 5 years. He expresses concern about the clay-like loam that was brought into that area. He says that it should be removed. Pabich states that his primary concern is with the loam on top of the GeoWeb. Cornacchio suggests stopping the project and bringing them back in. Pabich says that there will be protests from the Friends of Salem Woods who want this to • look as natural as possible. Much discussion ensues regarding the current condition of the trail. Blier states that he doesn't remember the stone border as part of the discussion. The members agree to a site visit on their own time. Duques agrees to advise them to stop the work. Cornacchio: Motion to adjourn, seconded by Glidden. Passes 5-0. The meeting is adjourned at 7:15 pm. • VV CITY OF SALEM r� is r 1v 1v r '"C' N COAM 1N I\, V lkl L\J I 1 (D 75 fI! !G NOTICE OF MEETING You are hereWnutified that the Salon Conservation Commission ivill hold its regularly schedided ineeth Thursday Api#23, 20.09 at 6:OOPM at City Hal'Annex, Rooni 313, 120 Washington Street. C= q(5 David A. Pabich, P.E., • -J Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes April 9, 2009 2. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washi Street, Salem, MA 01970. The purpose of this hearing is to discuss the const weir to monitor stream flow in the South River. ruction of a v-notch 3. Public Hearing-Notice of Intent— City of Salem 120 Washington Street,Salem, MA 01970. The purpose of this hearing is to discuss erosion repairs to an existing embankment at the southern end of Furlong Park, creation of a car top boat launch, and improvements to the park's features located within a Riverfrom Area located at 20 Franklin Street. 4. Continuation of a Public Hearing—Notice of Intent— DEP # 64-481 —Shelly Bisegna, North Shore Medical Center, 81 Highland Avenue Salem, MA 01970. The purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road. 5. Old/New Business • Request for a Certificate of Compliance DEP #64-392, 31, 32, and 35 Cedarcrest Avenue • Notice of Project Change DEP #64-466 City of Salem South River Harborwalk • Update on the status of 485 Lafayette Street, the former Chadwick Leadmills Site • Notice of work at Forest River Pool in the Forest River Park • Cost of fabrication and installation of public access signs presented to the Commission • Commissioners to provide feedback on general guidelines for filing with the Conservation Commission • Update on Peabody's Flood Mitigation Project; summary of meeting held on April 13. • Notice of 25% Design Meeting regarding development of a park at the Bridge Street Abutment, on the former Beverly Salem Bridge located at the end of Bridge Street. Meeting to be held on June 2 at 7 pm at the Carlton School. • Earth Day Event Saturday May 2 at the Common Please Sign-In Salem Conservation Commission Meeting April 239 2009 Name Mailing Address Phone Email 'DrpJeU 2� �rQ �6t S � 9lk- Tf5 K� L S . Z- 0 -1222'-Z ,SCAVW I)Liq - �� 1- c 3 ��' `� c). :3.f Fr4n x s l y7b' . 7yy_ 76 S-3 i • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, April 23, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Kevin Cornacchio, Keith Glidden, Amy Hamilton, Carole McCauley Members Absent: Michael Blier, Rebecca Christie Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. 1. Approval of Minutes — April 9. 2009 Meetina Voting members are Pabich, Cornacchio, Glidden, and Hamilton. Glidden: Motion to approve the minutes, seconded by Cornacchio. Passes 4-0. • 2. Public Hearing — Reauest for Determination of Applicability — 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 construction of a v-notch weir to monitor stream flow in the South River. Pabich continues this public hearing. 3. Public Hearing — Notice of Intent — City of Salem, 120 Washinoton Street, Salem. MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss erosion repairs to an existing embankment at the southern end of Furlong Park, creation of a car top boat launch, and improvements to the park's features located within a Riverfront Area located at 20 Franklin Street. Senior Wetlands Scientist Dwight Dunk of CDM presents a revised drawing to the Commission, stating that this is part of the overall Furlong Park Improvement Project. He describes the current condition of the parcel, stating that much of the seawall is subject to erosion, and that almost the entire park is within a flood plane and coastal storm flowage. He confirms that the City wishes to stabilize the shoreline and provide boat access on this site. He describes the boat ramp at an 8% grade, and wide steps for canoe and kayak launching, and says that the landscape architects will determine the final material. He • describes the plan to remediate the area behind the large stones, by removing the existing material, lining the shoreline side of the stones with a filter fabric, and back filling. He Conservation Commission April 23, 2009 Page 2 of 9 describes the design for the southerly portion of the seawall, stating that they plan use a . hybrid approach, with a 2/1 slope up from the toe of the slope, with a planting ledge at a halfway point, which will soften the slope with vegetation selected by the landscape architects. Dunk states that there will not be a lot of work for shoreline mitigation, but the workers will work in the dry, and stabilize areas that are exposed during construction. Ward 6 City Councilor Paul Prevey asks about the parking and traffic issues. Dunk states that the parking and traffic issue is a concern and they will be working with the park planners on that. He adds that they are considering allowing parallel parking on the street. Duques states that the Planning Department has held 2 public meetings on this and will hold 2 more before making a decision. Councilor Prevey states that the parking is a major concern although he is happy to see that this park will be improved. Cornacchio asks about flooding issues and the catch basin. Dunk states that much of the ball field is below the 100-year flood plane so, as part of the park project, they will raise the grade of the ball field above the flood plan. He adds that the seawall will be reconstructed at the same level except on the southerly portion where it • will be slightly higher. Cornacchio asks about the catch basin near Moulton Avenue. Dunk states that it is partly submerged. Cornacchio asks if the City has any funding to correct this situation, adding that he can't see putting money into this park if the flooding problem isn't first corrected. Pabich asks about the history of the Chapter 91 status. Dunk states that a Chapter 91 license was issued in 1926. Cornacchio says he believes that much of the brick material from the fire of 1913 was used to fill this parcel. Pabich asks if an assessment has been made of the material, and whether they will remove the material from the site. Dunk states that no assessment has been made and they have no plans to remove the material from the site. Pabich asks if this should be tested. He then asks if the NOI outlines the construction • sequence. Conservation Commission April 23, 2009 Page 3 of 9 • Dunk states that the NOI does outline the construction sequence. Pabich asks if any other commissioners are concerned about the fill on that parcel. Glidden states that he is concerned because they will be moving material around. He adds that he likes the fact that they will be armoring the southern end. Pabich states that the assessment may require only a visual inspection. Duques states that some borings were done on this site, showing that there is 4-16 inches of sediment before they reach glass and other material. Pabich states that the outer edge of the parcel will be most representative of the material on the site and that is exactly where the work will be held. Glidden agrees that the City should have this area assessed. Pabich states that they will not close this hearing tonight. Hamilton asks about the cause of the erosion. Dunk states that the seawall had been constructed poorly and there is a section where the boulders are missing, due to coastal erosion at the northerly end. • Hamilton asks about the material. She expresses concern about using 6-inch stone. Dunk states that they haven't determined which material will be used and that 6-inch stone may not be adequate. Pabich asks about the effect of a Nor'easter on the erosion site. Dunk states that the wall was poorly constructed and the reconstruction will correct the washout situation behind the wall. Glidden asks how far away the water is from the boat ramp at low tide. Dunk states that it is quite far, perhaps 50 feet, and it is a mud flat. Duques states that Salem Sound Coastal Watch has offered to post tidal information on site so boaters can schedule the launching and hauling at high tide. She adds that this site was selected for the boat launch because it provides a shorter portage into the river. McCauley asks if the northern end of the wall is where Franklin Street curves. Dunk states that it is all public wall but has washed out. . Hamilton asks if there will be enough soil to hold vegetation on the graduated wall with the planting area. Conservation Commission April 23, 2009 Page 4 of 9 Dunk states that there will be 6 inches of soil and the landscape architects will determine • what will be planted there. Pabich opens to the public. ]udY Guinta of 35 Franklin Street who has live there all of her life states that she is aware of only two times that the water has come over the wall, but the flooding problem is still going on. Dunk states that there is about 400 feet of new riprap to be installed. Dorothy Jodoin of 2 Orchard Street says that she has stopped people from digging there several times and the wind there is very strong. She expresses concern about the traffic because many young children fish in that area. Cornacchio asks if they propose removing trees. Dunk states that the one tree that is losing roots will be removed. Pat Donahue of 1 Dearborn Lane says that she doesn't want this boat ramp, because it will be at a junction of 3 streets with a narrow curb. She says that instead of a boat ramp there could be a walkway portage Y for orta a of kayaks and canoes. Dunk states that originally they considered a boat ramp on the southerly end but there is a • land dispute on that parcel, so this might be an interim measure until the matter is settled. Kathleen Winn from the Planning Department states that the City is willing to consider alternatives for the location of the boat ramp. Donahue cites Mr. Treadwell's comments and asks if the Chapter 91 would still be valid to the current project, because the landfill was not there in 1926. Glidden states that the Chapter 91 does not become invalid. Dunk agrees and states that Chapter 91 is valid in perpetuity. He adds that the City is contesting the current occupant's use and claim on that land at the south end, and the attorneys will need to determine the use based on the settlement. Therese Golden of 6 Orchard Street asks how much of the retaining wall will be repaired. Dunk states that it will be repaired where the current erosion problem is detected around the ramp. Golden expresses concern about part of the street caving in. Pabich states that the Commission is waiting for the next set of plans before scheduling the site visit. • Conservation Commission April 23, 2009 Page 5 of 9 • Dunk suggests having the site visit in the afternoon on the day of the next meeting. He assures the Commission that the grading plans will be completed for review during the site visit. Duques explains that the funds for this project will come from a grant, which contains restrictions and deadlines, and all approvals must be completed by the end of June, and all construction must be completed by the end of next June. The members agree to a site visit at 4:45 pm, on May 14. Pabich checks the tide chart and states that the timing will be ideal for the site visit. Glidden: Motion to continue this public hearing until May 14, seconded by Hamilton. Passes 5-0. 4. Continuation of a Public Hearina — Notice of Intent — DEP #64-481 — Shelly Biseana. North Shore Medical Center, 81 Highland Avenue, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the expansion of the existing heliport pad located within the buffer zone to bordering vegetated wetlands at 24 Old Road. Pabich states that although Glidden was not present for the last meeting, he listened to a recording of the hearing and signed an affidavit, which qualifies him to vote on this matter. • Engineer Scott Patrowi z g c states that prior to September 5 the helipad plan was for a square design, which pushed the clearing closer to the wetland line at the corners, and after 2. revisions the new plan is for a round (44-foot diameter) helipad. He adds that the current plan impacts the wetlands as little as possible. He describes the trees that will need to be removed. He states that he isn't sure how much wildlife is in that area, and they are looking to balance the impact with the need. Shelly Bisegna of North Shore Medical Center states that the new helicopter is just less than 60 feet long and the tail would stick over into that surrounding zone. Pabich states that his main concern is with the 7-8 decent trees that will have to go, because they will compromise the area near the clearing. He adds that he is not too concerned with this entire area because some of it is marginal because of all of the sand and debris there. He says that they cannot be pushing snow in the wetlands and they will need to provide a snow management plan. Patrowicz states that Shaughnessy might own the nearby area and, if so, they need permission to plant on Shaughnessy's land. Bisegna states that if the Shaughnessy people are agreeable, that would be good, but if he gets opposition, they might need to get a survey to determine the actual boundary lines in that area, and this would slow down the project and increase their costs. • Pabich suggests moving forward with the replanting proposal presented by Michael Blier, Conservation Commission April 23, 2009 Page 6 of 9 and if there is a problem, they will then need to consider an alternative. He adds that they • don't want these trees to be destroyed with the snow, so they need a snow management plan. Patrowicz suggests planting an urban tree species that can grow in a confined area. He agrees to make a sketch of that area with 7 trees to be reviewed by Michael Blier. Cornacchio suggests they vote on this with contingencies. Bisegna says he wishes to speak with Shaughnessy prior to having the sketch constructed. Cornacchio: Motion to close the public hearing, seconded by Glidden. Passes 5-0. Cornacchio: Motion to issue an Order of Conditions for the construction of a helipad, based on the review of the tree plan sketch, and contingent upon the applicant's submission of a snow management plan, seconded by Glidden. Pabich states that they wish to get a snow management plan for the.protection of all of the wetlands. He suggests that they push the snow to the uplands part of the parcel. He says the Commission can send a letter requesting such a plan, and Bisegna agrees that he would like to receive a letter. Old/New Business 5. Reauest for a Certificate of Com liance DEP #64-392 - 31 32 and 35 Cedarcrest Avenue • Duques states that this is a 3-lot subdivision on BVW, with retaining walls and a drainage swale. She says that she inspected the site and everything appeared to have been constructed as approved. She says they will be installing rain barrels. She distributes photos of the site. Glidden clarifies that additional walls were constructed, beyond those approved. Much discussion ensues regarding the work on the property. Glidden states that the additional walls should have been noted as a project change. Pabich states that he doesn't think it will impact the resource and Cornacchio agrees. Pabich states that the wall might invite people to throw things over it. Hamilton adds that it is a barrier to animals. Glidden suggests sending the owner and builder a letter advising that in the future a variance such as this would require a Notice of Project Change, and request a response. Glidden states that the functioning of the swale was altered and the applicant needs to • explain why he did that. Conservation Commission April 23, 2009 Page 7 of 9 • Pabich states that they will table this issue until the next meeting after they receive some explanation from the owner and the builder. 6. Notice of Proiect Change, DEP #64-466, City of Salem, South River Harborwalk Duques states that she received a letter from Frank Taormina about a change in this design. She explains that the City redesigned the Derby Street entrance and the rail was changed, and the pile-supported walkway was changed, and the granite block was changed to large stones. She adds that this is being done to reduce costs. The members agree that this will require only a notice of project change. Duques confirms that Taormina submitted a trash management plan, consisting of 4 "Big Belly" units. 7. Update on the status of 485 Lafayette Street, the former Chadwick Leadmills Site Duques distributes copies of the documents, and states that the applicant advised her that the City might own that wall and he is checking the title. She says that he will get back to the Commission, and he is asking the Commission if an LSP is necessary because in the decision, DEP has required that NL clean up that area. She explains that DEP divided the • parcel into sections for Salem Conservation land and DEP jurisdiction. She cites page 11 of the DEP report. She says Ted Tobin asks if it is necessary to hire an LSP. Pabich states that is seems illogical to require them to take this step. He adds that he would prefer that they tighten the wall so they do not need an LSP. Cornacchio states that he would waive the LSP. Glidden states that the open joints and leak still pertains to the Cease and Desist Order". He suggests advising the owner that there will be no requirement for an LSP but the Commission is waiting for their proposal for remediation of the leaking wall, and "the clock is ticking". Duques asks the Commission what to do if the structural engineer finds that the wall is structurally sound. Glidden states that they might need to bring the structural engineer to the meeting, and he must determine if it is holding all of the material in. Pabich concludes that the wall must be tightened up, and the Commission is already aware that the wall is not functioning as a proper wall because material has already leaked through. Duques agrees to write another letter. • S. Notice of work at Forest River Pool in the Forest River Park Conservation Commission April 23, 2009 Page 8 of 9 Duques states that they are having problems with the pool's water circulation system, • which could cause an entrapment of a child in the pool. She explains that all of the work will be done within the area that is already concrete, even though it is in the buffer zone. She clarifies that they will be installing a pipe within the concrete of the pool, so the applicant is arguing that an RDA will not be necessary. Pabich asks about the language of the RDA. Duques states that exempt activities are fencing and other such items. She adds that she can show the plans to Pabich and make a judgment call, and the members agree that this will be satisfactory. 10. Commissioners to provide feedback on general guidelines for filing with the Conservation Commission Duques says that she received everyone's comments and will send these out again. She adds that she gave Scott Patrowicz a copy and he had many comments, so she will send these out too. She describes some of Patrowicz's suggestions, which include; (1) to provide an administrative list of copies needed, (2) to be sure that wetlands are well delineated, and (3) to reserve the right to require a peer review if the Commission deems that the work was not completed correctly. 11. Update on Peabody's Flood Mitigation Proiect, summary of meeting held on April 13 Duques states that they didn't talk about project area 3 except for one comment from a Salem resident, and the Army Corps of Engineers will complete a plan, and they will hold a meeting in Salem. She explains that there is some concern about Strong Water Brook, and the Conservation Agent in Peabody is talking to her. She adds that they filed an ENF and have not yet filed an EIR, that Woodard and Curran was brought on board to review the ENF. Glidden states that they should push the Mayor to do everything possible to make sure this project does not adversely affect Salem. 12. Notice of 25% Design Meeting regarding development of park at the Bridge Street Abutment, on the former Beverly Salem Bridge located at the end of Bridge Street, Meeting to be held on June 2 at 7 pm at the Carlton School Duques advises the members of the meeting for the park plans. 13. Earth Day Event Saturday, May 2, at the Common Duques says this event is the same day as Clean Sweeps. She asks if the members would like table. Glidden says that he would like to have a table there. • Conservation Commission April 23, 2009 Page 9 of 9 Pabich agrees. Duques adds that there will be a Living Green Fair on June 13. Glidden suggests having handouts on native species and pesticide/herbicide/fertilizer information. Glidden: Motion to adjourn, seconded by Cornacchio. Passes 5-0. The meeting is adjourned at 8:30 pm. • i M17gA „4 T Uj CI'T'Y OF SALEM a CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday May 14, 2009 at 6:OOPM at City Hall Annex, Room 313, 120 Washington Street. David A. Pabich, P.E., Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes—April 23, 2009 2. Public Hearing-Notice of Intent— Vinnin Associates Realty Trust c/o East Coast Properties,400 Highland Avenue, Salem, MA 01970. The purpose of this hearing is to discuss construction of a handicap parking area located within the buffer zone to a bordering vegetated wetland located at 50 Freedom Hollow. • 3. Continuation of a Public Hearing- Notice of Intent— DEP #64-489— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss erosion repairs to an existing embankment at the southern end of Furlong Park, creation of a car top boat launch, and improvements to the park's features located within a Riverfront Area located at 20 Franklin Street. 4. Public Hearing—Request for Determination of Applicability— City of Salem 5 Broad Street, Salem, MA 01970. The purpose of this hearing is to discuss improvements to the dog park located within a Riverfront Area at Leslie's Retreat Park at 5 Rear Commercial Street. 5. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. 6. Public Hearing—Notice of Intent— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. Continued to May 28, 2009 7. Old/New Business • Request for a Certificate of Compliance DEP#64-174 14 Buchanan Rd/1 Pierce Rd. • Request for a Certificate of Compliance DEP #64-392, 31, 32, and 35 Cedarcrest Avenue • Request for an Extension to an existing Order of Conditions DEP #64-420 YMCA Leggs Hill Road • Update on the status of 485 Lafayette Street, the former Chadwick Leadmills Site • Cost of fabrication and installation of public access signs presented to the Commission I • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, May 14, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Michael Blier, Rebecca Christie, Kevin Cornacchio, Keith Glidden, Amy Hamilton, Carole McCauley Members Absent: None Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. 1. Approval of Minutes — April 23, 2009 Meeting Voting members are Pabich, Cornacchio, Glidden, Hamilton, and McCauley. Cornacchio: Motion to approve the minutes, seconded by Hamilton. Passes 5-0. • 2. Public Hearing — Notice of Intent — Vinnin Associates Realty Trust c/o East Coast Properties, 400 Highland Avenue, Salem, MA 01970. Pabich reads the legal public hearing notice; which states that the purpose of this hearing is to discuss construction of a handicap parking area proposed within the buffer zone to bordering vegetated wetland at 50 Freedom Hollow. Engineer Scott Patrowicz states that this project is for Vinnin Square Condominium II, and he presents the abutters notices. He states that this complex currently has no handicapped parking. He presents a letter from Thomas St. Pierre, Building Commissioner in support of the project. He states that the steep slope presents problems for this project, so the plan was designed for the cars to get up the hill to the handicapped parking. He suggests that the Commission schedule a site walk. Cornacchio asks if the retaining walls will be able to take the head pressure of cars and Patrowicz states that they will be strong and assures the Commission that there will be no blow-outs in the future. Blier asks where the stormwater will be directed, and Patrowicz states that it will flow through the existing parking lot to the lawn. McCauley asks if a pervious parking area would be possible and Patrowicz states that he is concerned about the cost, and pavers are often laid on asphalt. • Pabich asks about porous pavement and Patrowicz states that he doesn't like it but he will Conservation Commission May 13, 2009 Page 2 of 7 look into it. Pabich states that they need to give the porous pavement consideration for • this area. Patrowicz states that he would rather put in a little rain garden than porous pavement. Blier asks about snow removal and Patrowicz points out the areas that will probably be used for the snow. Blier asks if there will be any driving on the planting areas and Patrowicz states that these areas will be blocked by the guardrail. Frank Gelineau of 22 Weatherly Drive, Unit 3, asks if the parking lot belongs to Trust II, and Patrowicz states that it does. Gelineau asks why they don't just expand the other parking lots and Patrowicz states that the current lots have handicapped parking that has steep sloping walkways to the building so they are non-compliant. Frank Gelineau asks about the impact of water at the other end where he lives, and Patrowicz states that this is a very small area and there will be a small amount of runoff and they might mitigate the runoff with landscaping or rain gardens, and he is confident the he can meet the DEP's requirements for runoff., Frank Gelineau states that they currently plow the snow up to the wet area. The members agree to a site visit at 4:45 pm on May 28. • Christie asks about the requirement for handicapped parking spaces and Patrowicz states that because there are 74 parking spaces they will need 3 handicapped spaces. Cyndy Anselmo, Property Manager with East Coast Properties, states that they are under a state mandate to install the handicapped spaces because the original developer did not place any handicapped parking there. Glidden: Motion to continue this public hearing until May 28, with a site visit prior to the hearing, seconded by Christie. Passes 7-0. 3. Continuation of a Public Hearing — Notice of Intent — DEP #64-489 — City of Salem. 120 Washinaton Street, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss erosion repairs to an existing embankment at the southern end of Furlong Park, creation of a car top boat launch, and improvements to the park's features located within a Riverfront Area located at 20 Franklin Street. Pabich states that Christie and Blier listened to a recording of the previous meeting and signed an affidavit, which qualifies them to vote on this issue. Dwight Dunk with CDM, Wetland Scientist, states that there was a site visit and there have . been changes based on some of the comments that they received. Regarding the traffic/parking issue, He states that the car-top boat launch has been moved toward the Conservation Commission May 13, 2009 Page 3 of 7 • middle of the site, and there will not be as much of a grade change so they will only need a few steps to transition to the beach area. Regarding the southerly riprap slope he has specified the material for that slope and the plantings for the shelf. Regarding the fill material, he states that an LSP was not willing to provide an opinion based on a visual inspection. Pabich states that he is concerned about the fill material that is in that site, especially because this material will be moved and he has reservations about not having it assessed. Ward 6 City Councilor Paul Prevey states that he is pleased with the new design because it will lessen the impact of the traffic in the area. He adds the City plans to retake the property that is now occupied by the Ferris Junk Yard. Dunk states that the legal issue for this parcel needs to be resolved through the courts, and depending on this, the owner will need to address the noncompliant use off this piece of land. Cornacchio expresses concern about the flooding in that area, especially because they intend to raise the ball field. James Treadwell, AICP, states that the correction of the drainage is included in the project to raise the ball field. • Much discussion ensues regarding the drainage issue. Blier clarifies that the second row of trees along the western edge will remain in place. Pabich returns to the issue of the fill material in the site, and states that the developer will be remiss if this issue is ignored. He states that he would like an LSP to assess the material on this site. Cornacchio agrees stating that something might be exposed when the material is moved. Blier and Glidden agree and Glidden states that if something is found it might cause the entire project to come to a halt, or even worse, some exposed material might causes a health issue. Pabich states that he would prefer to get this assessment prior to closing this hearing. Dunk suggests conditioning the approval on having the assessment completed prior to the start of work. Pabich states that he is OK with that and if something is found, then they need to return to the Commission. Blier asks if any of the grant money is assigned to environmental cleanup, and Duques states that none of the money is assigned to this. 40 Duques states that she could look into obtaining an assessment grant but the clock is Conservation Commission May 13, 2009 Page 4 of 7 ticking. • Glidden states that there is a possibility that there will be a lot of traffic across the mud flat for boat launching, which might impact the resource area. Kathleen Winn states that this area is used for boat launching about once/month. Barbara Warren with the Salem Coast Watch states that they intend to place signage next to the boat ramp that clearly expresses tides. She adds that people are already pulling boats across the mud flats. She says that she sees this as a local paddling site. Jim Treadwell of 36 Phelps Street reads the priorities of the residents and states that the boat ramp is not a high priority for this project. He speaks against the construction of the boat ramp. Barbara Warren states that they are looking at stabilizing the bank, and once that is completed, there will be no place for anyone to put a boat in without climbing over the rocks. She expresses concern about going with complete bank stabilization without providing any boat access. Pabich agrees. Barbara Warren says that they need to only sample the area where they will be digging. Pabich states that the toe runs along the entire beach. • Bart Hoskins of 22 Larchmont Road, who works for the EPA, cautions the Commission about the sampling and says they need to tread carefully here because they could open a can of worms, and since the park is up gradient to the beach, he would rather see the improvements go on in the upland. Pabich states that he appreciates his concern but the improvements will be inviting the public to spend time here, and any contamination on the site must be detected and mitigated prior to the encouragement of public use. Hoskins states that there is currently no restrictions for the people to go right to the beach, and the best possible thing to do would be to continue the riprap along the entire beach area to discourage the public from going onto this beach. Warren agrees and states that the grant will not support any mitigation. Hoskins suggests pulling the toe back and placing riprap there. Treadwell states that he would like an assessment to be performed. Glidden states that the complete armoring of that area might be a solution. Dunk states that they will need to secure the boulders at the toe of the slope because the • material in that area might move. Conservation Commission May 13, 2009 Page 5 of 7 • Warren states that this is important because there is major erosion occurring there, and people with small children do not go to the water, so stabilizing the bank prohibits the continual erosion of the material. Pabich states that the City has an obligation to the public to ensure that this area is safe. McCauley states that the Commission doesn't have the power to shut down the park, so they should do some testing, and forget the ramp, and reinforce the bank. Blier states that if they begin the job without testing and find fibrous material in the ground the project will come to a halt and it will be much later in the game and much more costly to remediate. Much discussion ensues regarding the approach to take on this site. Duques asks how long the turn around would be for assessment, and Dunk states that it could be expedited and will take about two weeks. Glidden states that he is not prepared to sign this until he thinks about this a little longer. Glidden: Motion to continue this pubic hearing until May 28, seconded by Cornacchio. Passes 7-0. • 4. Public Hearing — Reauest for Determination of Aoolicability — City of Salem, 5 Broad Street, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss improvements to the dog park located within a Riverfront Area at Leslie's Retreat Park at 5 Rear Commercial Street. Bart Hoskins, President of Salem Play Areas for Canine Exercise, states that when the park first opened there were hundreds of dogs so they began using a "Pooch Pass" program to curtail the use, and they have raised some money with the pass fees. He explains that they would like to make some improvements and presents a plan, an outline of the proposed work broken down into 4 phases, and a diagram of the surface. Pabich clarifies that this is entirely within the riverfront area. Hoskins describes the work for phases 1-3. He describes the pine trees that will be installed. Pabich states that they need to address the installation of vegetation around the drainage area first. He asks if the stormwater sheet flows toward the river. Hoskins states that he never sees it flow into the river but it might flow across the sidewalk and into the planting bed. is Blier suggests that they prohibit the stockpiling of any excavated material. Conservation Commission May 13, 2009 Page 6 of 7 Hoskins states that there will be very little digging so they will not need to stockpile • material. Pabich opens to the public. Barbara Warren speaks in favor of the project. Glidden: Motion to issue a -2 with the condition that the drainage be addressed first, seconded by Cornacchio. Passes 7-0. S. Public Hearina — Reauest for Determination of Aoolicability — 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 construction of a v-notch weir to monitor stream flow in the South River. Pabich continues this public hearing until May 28. 6. Public Hearing — Notice of Intent — 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 installation of a catch basin and associated drainage pipe between 100 and • 120 Swampscott Road. Pabich continues this public hearing until May 28. Old/New7Business 7. Reauest for Certificate of Compliance, DEP #64-174, 14 Buchanan Road/1 Pierce Road Duques states that this is a very old existing Order of Conditions that was issued in 1988. She explains that the gardens have not changed in shape or size and the Conditions were specific. Blier states that the site is gorgeous. Christie: Motion to issue a full Certificate of Compliance, seconded by Glidden. Passes 7-0. Duques asks if they should have a perpetual condition for the exclusive use of organic material and the Commission determines that the condition may already be perpetual. McCauley left the meeting. S. Reauest for a Certificate of Compliance, DEP #64-392 — 31, 32, and 35 • Cedarcrest Avenue Conservation Commission May 13, 2009 Page 7 of 7 • Duques states that this will be continued. 9. Reauest for an Extension to an existina Order of Conditions, DEP #64-420 — YMCA. Leans Hill Road Duques states that the YMCA is requesting a one-year extension. Glidden: Motion to approve the extension, seconded by Cornacchio. Passes 6-0. 10. Update on the status of 485 Lafayette Street, the former Chadwick Leadmills Site Duques states that the report was very detailed. Ted Tobin states that DEP responded to the Phase 3 since the last meeting, and ordered more clean up of the river. He states that the granite retaining wall was examined and a Geotechnical Engineer determined that since National Lead is now required to cleanup sediments in the Forest River they will be undermining this wall on both sides. They will need to excavate and expose both sides of the wall below the water table. The engineer stated they will need to grout on both sides of the wall. Glidden clarifies that the City took and easement to maintain the wall but the City is not the caretaker of the wall and the owner has the obligation to do this. He reads excerpts • from the report on the assessment of the wall's integrity. Tobin explains that the wall is functioning the way that it is meant to function now except for one section. He suggests that the wall be grouted after the remediation is completed. Pabich states that the Commission must look at this wall as a 'snapshot in time". He adds that the applicant must proceed with tightening up the wall. Glidden suggests that the engineer come in. Blier asks if there is an injection technique that could be used to tighten the wall without carving it. Pabich iterates that the wall should be tightened up. Duques and Tobin agree to be in contact and follow up on the outstanding issues. Glidden: Motion to adjourn, seconded by Christie. Passes 6-0. The meeting is adjourned at 9:10 pm. • ) 6�OONI117g9/ CITY OF SALEM . CONSERVATION COMMISSION NOTICE OF MEETING c� You are hereby notified that the Salem Conservation Commission will hold its regularl�sched%d meeting on Thursday May 28, 2009 at 6.00PM at City Hall Annex, Room 313, 120Washington Stre avid ��'li 1 A. Pabich, P.E., nr Conservation Commissioh�,v','hair;0n ' N MEETING AGENDA r, J 1. Meeting Minutes—May 14, 2009 2. Continuation of a Public Hearing-Notice of Intent— DEP#64-490—Vinnin Associates Realty Trust c/o East Coast Properties, 400 Highland Avenue, Salem, MA 01970. The purpose of this hearing is to discuss construction of a handicap parking area located within the buffer zone to a bordering vegetated wetland located at 50 Freedom Hollow. 3. Continuation of a Public Hearing- Notice of Intent— DEP #64-489— City of Salem 120 • Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss erosion repairs to an existing embankment at the southern end of Furlong Park, creation of a car top boat launch, and improvements to the park's features located within a Riverfront Area located at 20 Franklin Street. 4. Public Hearing—Request for Determination of Applicability—Mass Electric(dba National Grid) 1101 Turnpike Street North Andover, MA 01845. The purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation of a grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road. 5. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. Continued to June 11, 2009. 6. Public Hearing— Notice of Intent—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. Continued to June 11, 2009. 7. Old/New Business • Update on the status of 485 Lafayette Street, the former Chadwick Leadmills Site • Request for a Certificate of Compliance DEP #64-392, 31, 32, and 35 Cedarcrest Avenue • Cost of fabrication and installation of public access signs presented to the Commission Thts wife posted on •Offlcdal BuNe " BOW CityHall ftlem, Mass. mai vidalma � 238 of Iii . Please Sign-In Salem Conservation Commission Meeting May 28, 2009 Name Mailing Address Phone Email ZC/-/A,C'yj E, �F,t/�7✓� UM �a F72Er'3�o OLGoc✓ d�z 7�=�f�3fl9.f /J� llogo < 6CC h11EA:C 2 L Wash E/Z�y i az �1B`?yS--9466 S AG(C1ft �A/391Z� ,399 &VVIsa-n( goznl, MA (i/1- %S�6 75oa a(u4./G�bli •M JTAM Lue- to FELE' SETTg�.n.,,. 9"1 $-=79 -60$Q i Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, May 28, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Rebecca Christie, Kevin Cornacchio, Keith Glidden, Amy Hamilton, Carole McCauley Members Absent: Michael Blier Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. 1. Approval of Minutes — May 14, 2009 Meeting The members review the minutes and make amendments. • Glidden: Motion to approve the minutes for the May 14 meeting as amended, seconded by Christie. Passes 6-0. 2. Continuation of a Public Hearing — Notice of Intent DEP #64-490 — 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 construction of a handicap parking area located within the buffer zone to a bordering vegetated wetland located at 50 Freedom Hollow. Engineer Scott Patrowicz states that there are residents and abutters attending tonight to support the project. He says that they area was staked out today and a site visit was held before the meeting. He explains that drainage will flow into the two landscaped areas, or overland into the hillside. He points out the sewer manhole and states that pavement will go over the pipe and they can put a concrete envelope around the pipe to protect it. He says that the grades are not extreme, and a wooden guardrail will surround the entire parking area. Cornacchio states that there is some erosion going off that site now. Patrowicz states that he can pitch the land to control the runoff. He points out his procedure on the plan to address the stormwater. Pabich reads the DEP's comments into the record. He states that Patrowicz's approach is • sound. t Conservation Commission May 28, 2009 Page 2 of 8 Patrowicz states that he needs to do some testing to calculate the stormwater accurately. • Pabich clarifies that this is not virgin land that he is developing, and he is redeveloping an existing project so there will not be extensive testing required. McCauley asks if the number of parking spaces (3) is an ADA requirement and Patrowicz says yes. McCauley asks if there is a way to run the driveway down the slope toward the building. Patrowicz states that he couldn't work it around the large tree. McCauley asks how he will avoid additional erosion when they increase the steepness of the wall. Patrowicz states that it will be difficult. Cornacchio asks if they can join the two retaining walls. Patrowicz states that they could. McCauley asks what material will be in the area between lots #1 and #2. Patrowicz states that there will be grass there. He says that he could raise lot #2 more and pitch it toward the driveway and away from the retaining wall. • The members agree that this would be preferable. McCauley asks why the footpath will come off the top of lot #3. Patrowicz draws the footpath and says that he could have the walk from the driveway, and then draws another route. The members agree that the new route would be preferable. Arnie Gitter, with the homeowners association, thanks the Commission and states that this issue has become a major problem and he is anxious to see this problem resolved. Pabich states that he would like to see the stormwater checklist. He suggests continuing 9 this until the next meeting to see the checklist and then the Commission should be ready to close this hearing. Glidden: Motion to continue this hearing until June 11, 2009, seconded by Hamilton. Passes 6-0. 3. Continuation of a Public Hearing — Notice of Intent — DEP #64-498 — 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 erosion repairs to an existing embankment at the southern end of Furlong Conservation Commission May 28, 2009 Page 3 of 8 • Park, creation of a car top boat launch, and improvements to the park's features located within a Riverfront Area located at 20 Franklin Street. McCauley recuses herself from this issue. Kim Drake with CDM, representing the City of Salem, states that she will answer any questions that the Commission has. Cornacchio states that the biggest problem is the bank. Drake states that they will create the bank stabilization so any material will be put back in the wall and then covered with a geotextile fabric so there is no threat of erosion. Pabich states that they need to understand what this site is, and he is concerned about excavating through that contaminated fill. Drake states that all of the material that has been used as fill has been migrating out of the bank and so they are creating a better situation that what now exists. Glidden states that in the meantime they are digging deeper and they don't know what is there. He asks if there is a performance standard or a guideline for working with unknown materials. He states that the Commission typically looks to some guidance on issues of the type. He asks her if she has asked DEP about this. He says that the Commission members • are not the experts. Drake states that she feels that what she is doing is a best practice. She suggests that the City hire an LSP to be on site during construction. Cornacchio asks Duques if the DEP has commented. Barbara Warren states that DEP wanted a soft edge, not riprap. Duques states that Dwight was going to address that. Jim Treadwell of 32 Phelps Street states that this is a joint hearing and it would seem appropriate that DEP would comment on this proposal. He states that station 10, flagged in the report, should give the Commission a basis for concluding the environmental history of the site. Pabich states that he would take exception to that because station 10 is sub-tidal, and he doesn't think that this data necessarily pertains, and it would just confuse the matter. Treadwell states that this is a joint hearing with DEP. Glidden states that they generally all are and DEP a is a good source of information. He asks Drake what she considers best practices. • Pabich states that his only concern is the excavation on the beach near the toe, and if an LSP is on site he would feel comfortable with this. Conservation Commission , May 28, 2009 Page 4 of 8 Glidden says that this situation is trickier and they typically look for expert opinion and an • LSP would satisfy that. Pabich says he needs to asks the LSP if this is the best course of action that should be taken under these circumstances. Bart Hoskins 22 Larchmont Road asks if the LSP must consult and then come back to the Commission. He favors having the LSP on site so the project will move ahead with the appropriate oversight. Cornacchio agrees that this would be appropriate. Pabich asks the members if they would like a provision that states that the LSP shall review the construction methods, be on site during construction and provide a letter to the Commission approving or recommending other methods for construction activity. Pabich asks if they should have signage on the beach. Barbara Warren states that there will be at least 3 signs with the history of the site. Pabich says that he would like something specifically addressing the reason for all of the glass on the beach. He states that relative to the parcel on the western side, the City is moving forward with this project separately as they work on the ownership issue. • Jim Treadwell suggests that the Commission acknowledge the illegal fill on the portion of this land that is under an ownership dispute. Pabich says that he would be willing to do that, and Glidden agrees. Glidden states that he wouldn't worry about the Commission's statement on this issue reflecting back to the City. He adds that the bank is a resource and that lot should be cleaned-up. Hamilton asks if there are submittals of the imported materials on site. Drake states that the contractor will provide the submittals. Hamilton asks if any chemicals will be on site. Drake states that general fills will not be tested but the loam will be tested before it comes in. Hamilton states that it would be good to confirm the source of the fill. Drake suggests that the Commission enter as a condition that the provider certify that clean loam is being used. Glidden: Motion to close the public hearing, seconded by Cornacchio. Passes 5-0. • Conservation Commission May 28, 2009 Page 5 of 8 Cornacchio: Motion to issue an Order of Conditions with the following special conditions: • LSP on site for the work • Manufacturer of loan shall attest that materials brought on site are clean • Prior to construction LSP shall review plans and techniques for construction on site The motion is seconded by Christie. Passes 5-0. McCauley recuses herself. 4. Public Hearing — Request for Determination of Applicability — Mass Electric (dba National Grid), 1101 Turnpike Street, North Andover, MA 01845 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation of a grounding rod and anchor to existing utility poles, located within buffer One to bordering vegetated wetlands and riverfront area along Swampscott Road. Alicia Kabir of Environmental Resources Management introduces herself and Erin Whoriskey from National Grid/Mass Electric. She shows a detailed plan of the work site, and states that the purpose of the work was to improve the overall reliability of the system. She says that she was informed by Duques that the work had been completed and Mass Electric takes this very seriously. She clarifies that one new pole has been installed and two existing poles were upgraded and repaired. She states that the failure to • file was an oversight by Mass Electric and they are taking this very seriously. Pabich reads a letter into the record from Ward 3 City Councilor Pelletier. Kabir states that these poles are on utility rights-of-way. Duques states that 4331 is on property owned by Castle Creek. Pabich states that the property owner should be signing this. Duques states that a non-property owner can apply for an RDA as long as the property owner says that they are OK with the project. Kabir says that she will follow up with the City Council. Pabich clarifies that any addition of power poles must go before the City Council Glidden clarifies that Councilor Pelletier is referring to one pole within the Commission's jurisdiction. Duques states that EMR contacted her and they spoke about amending the existing Order of Conditions but they decided to file and RDA. However, in the process communication wasn't conveyed within National Grid and as a result the poles were installed prior to the Determination being issued. • Pabich states that the rights-of-way should be on that map. He asks what should be done Conservation Commission May 28, 2009 Page 6 of 8 when work is done without filing. • Glidden states that they typically issue a fine. He recommends a one-event fine of $200. Pabich agrees that the fine should be $200. Glidden states that he isn't sure if the Commission can approve it. Pabich recommends continuing this until the issue with the property owner is resolved. Duques recommends continuing until June 25`h Cornacchio asks what they did with the spoils. Kabir states that no material left the area, and it was compacted down. Cornacchio: Motion to continue until June 25, seconded by Hamilton. Passes 6-0. Glidden: Motion to levy a $200 fine for the violation of the notice, seconded by McCauley. Passes 6-0. S. Public Hearina — Reauest for Determination of Applicability — 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 construction of a v-notch weir to monitor stream flow in the South River. Pabich continues this hearing until June 11, 2009. 6. Public Hearing — Notice of Intent — City of Salem, 120 Washinaton Street, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. Pabich continues this hearing until June 11, 2009. Old/New Business 7. Update on the status of 485 Lafayette Street, the former Chadwick Leadmills Site Duques states that Ted Tobin might come in on June 11 with Richard Bain. She asks the Commission if she should speak to the City of Marblehead to get them on board with this. Glidden says that he is in favor of speaking to Marblehead about their portion. Duques states that National Lead might appeal the DEP order to clean up the river and this • Conservation Commission May 28, 2009 Page 7 of 8 . would only delay any remediation. Glidden states that the rip comes through the Marblehead wall and it doesn't touch the Salem wall. Pabich states that his concern is contaminants behind the wall getting into the river, and the wall collapsing when work is occurring behind the wall. McCauley states that the Marblehead wall might be listed in the inventory of failing walls. Duques states that they are supposed to grout on both sides according to the GeoTech consultant. Cornacchio states that they need some leeching for ground water and rain water to go out. Glidden states that they need to be clear if Marblehead asks questions, that Salem is addressing this wall. S. Cost of Fabrication and installation of public access signs presented to the Commission Duques advises the Commission that she received three quotes for construction and installation of the "Please enjoy this public way" sign. She explains that these estimates are for 4 signs, and 2 will be hung on existing posts, and 2 will be hung on new posts. The • three quotes are: 1. $1835 2. $2294.52 3. $3210 - Glidden 3210 -Glidden suggests having the City install the signs to cut costs. Pabich states that he City has sign poles too and they might be able to install them. Duques agrees to check on this. Duques states that the City usually goes with Sunshine Signs and they provided the middle quote. Pabich suggests asking Sunshine Signs if they will match the lower estimate. Duques agrees to check on this. 9. Dominion Duques explains Dominion is looking to complete repairs to an existing fence that extends into the harbor adjacent to 10 Blaney Street. She explains that if the repairs and or replacement are done in kind the work is exempt from filing. Duques will follow-up with an • email to Dominion explaining the exemption and requirement of notification and possibly filing if the work scope changes. Conservation Commission May 28, 2009 Page 8 of 8 Glidden: Motion to adjourn, seconded by Christie. Passes 6-0. The meeting is adjourned at 7:40 pm. • • gP4DYp99 CITE' OF SALEM CONSERVATION CO" MISSION IVI ,uu tool 0 31 NOTICE OF MEETING F11 ` F":i , You are hereby notified that the Salem Conservation Commission will hold its regularly iWe{duELled meeting on Thursday June ll, 2009 at 6:OOPM at City Hall Annex, Room 313, 1N20 Washington vtreet. . David A. Pabich, P.E., Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes—May 28, 2009 2. Continuation of a Public Hearing-Notice of Intent— DEP#64-490—Vinnin Associates Realty Trust c/o East Coast Properties, 400 Highland Avenue, Salem, MA 01970. The purpose of this hearing is to discuss construction of a handicap parking area located within the buffer zone to a bordering vegetated wetland located at 50 Freedom Hollow. 3. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington . Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. Continued to June 25, 2009. 4. Public Hearing—Notice of Intent— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. Continued to June 25, 2009. 5. Old/New Business • Update on the status of 485 Lafayette Street, the former Chadwick Leadmills Site • Request for an Extension to an Existing Order of Conditions for 401 Bridge Street DEP #64- 435 • Correspondence regarding a request for a Certificate of Compliance DEP #64-392, 31, 32, and 35 Cedarcrest Avenue • Update on U.S. Coast Guard Bakers Island Project DEP #64-479 This notlCG posted on "Offlcla! Bulletin Boards City Hall Salem, Mass. on Jug£ g _-.1 a?) at 23A 2 of ltA lG L. °•pith Chap. 39 pct Please Sign-In Salem Conservation Commission Meeting June 11, 2009 Name Mailing Address Phone Email /,pains Aloc r f ti Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, June 11, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Michael Blier, Rebecca Christie, Kevin Cornacchio, Keith Glidden, Amy Hamilton, Carole McCauley Members Absent: Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. P 9 1. AoDroval of Minutes — May 28, 2009 Meeting Voting members are Pabich, Christie, Cornacchio, Glidden, Hamilton, and McCauley. The members make suggestions for amendments. • Glidden: Motion to approve the minutes for the May 28 meeting as amended, seconded by Christie. Passes 6-0. 2. Continuation of a Public Hearing — Notice of Intent— DEP #64-490 — Vinnin Associates Realty Trust c/o East Coast Properties, 400 Highland Avenue, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss construction of a handicap parking area located within the buffer zone to a bordering vegetated wetland located at 50 Freedom Hollow. Pabich states that Blier was not at the previous meeting but he listened to a recording of the hearing and signed an affidavit, which qualifies him to vote on the issue, per the Mullin Rule. Scott Patrowicz presents a revised plan with a stormwater checklist. He states that he changed the drainage so that all of the water drains to landscape depressions A and B and a swale. He adds that there will now be a continuous concrete wall around the parking area B. He states that he added drainage areas C and D. He reviews the stormwater report, and says that Rosa rugosa will be planted in the landscaped areas. Pabich asks about snow storage. • Patrowicz states that it will be at the upper end of the parking lot, and they will minimize 1 Conservation Commission June 11, 2009 Page 2 of 5 the use of salt and use more sand. Manager Cyndy Anselmo states that Bob Bussi does the snow removal now. • Pabich states that the snow removal plan must be well communicated to the snowplow contractor. Pabich opens to the public. There are no questions or comments. Pabich asks where the water will go when A and B overflow, and Patrowicz states that it will go to C. Blier: Motion to issue an Order of Conditions with the special conditions recommended by Duques, seconded by McCauley. Passes 7-0. 3. Public Hearing - Reauest for Determination of ApDlicability - 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 construction of a v-notch weir to monitor stream flow in the South River. Glidden: Motion to continue this public hearing until June 25, 2009, seconded by Christie. Passes 7-0. Pabich continues this public hearing until June 25, 2009. • 4. Public Hearing - Notice of Intent - 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 installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. Glidden: Motion to continue this public hearing until June 25, 2009, seconded by Christie. Passes 7-0. Pabich continues this public hearing until June 25, 2009. Old/New Business S. Update on the status of 485 Lafayette Street, the former Chadwick Leadmills Site Duques states that the DEP is convening a meeting with all of the parties involved on June 24th, 9:00 am - 12:00 pm, at DEP's regional office in Wilmington. Duques reviews the topics that she wishes to discuss. Glidden states that this is Chapter 91 because it is filled tidelands, and the plan is not to • Conservation Commission ` June 11, 2009 Page'3 of 5 remove the chemicals on that land. • Pabich clarifies that they will mix it with chemicals that will bind the lead. Glidden states that the seawall is crucial. Pabich says that filled land is being held back and this land should not go into the resource. Cornacchio suggest getting clarification from the DEP on whether to grout on both sides of the wall or only one side. Duques states that the area within Salem will not be developed into housing, and will only consist of an access road. Glidden questions DEP authority under Chapter 91 regarding any action taken with that wall. Pabich states that his understanding is that the landowner must maintain that wall in perpetuity. Blier states that the wall might need to be reinforced while they excavate. Duques says that the Commission's statement only addresses damage to the wall during construction. Glidden states that the meeting will be the opportune time to raise all of these issues. Pabich says that the question is Who is in charge of enforcing Chapter 91? and that is Y q 9 9 P the person that should attend the meeting. He acknowledges that the wall really is in bad shape. He expresses concern about the fact that the South River Basin will now be excavated. Duques states that this issue is addressed in the list of concerns. Cornacchio states that the most experienced group for this work would be the Army Corps of Engineers. Pabich states that the best way to do the clean up would be to sheet-pile half the area for the work, and then do the same on the other side. Duques asks the members if there is any reason to take issue with the fact that NL is not willing to clean up the land owned by the Salem Conservation Commission. Pabich states that this should be brought up again. Duques states that she will visit the site again on Monday. • Hamilton states that the Delta area is also a concern and Duques adds that item to the list of concerns. V Conservation Commission June 11, 2009 Page 4 of S 6. Reauest for an Extension to an Existina Order of Conditions for 401 Bridae • Street. DEP #64-435 Duques states that they have not done any work out there yet and they are requesting an extension because the Senior Center is being proposed there, so they plan to amend their Order of Conditions. Glidden: Motion to issue a three-year extension to the original Order of Conditions, seconded by Cornacchio. Passes 7-0. 7. Update on the U.S. Coat Guard Bakers Island Proiect. DEP #64-479 Duques states that the members' packets contain the latest information from the Coast Guard that she received June lst. The members study the plan. She says that the Commissions decision was also appealed at the local bylaw level, and the 60-day response period has passed and she has not receive any word from the City Council. Robert Levins, abutter to the remediation site on Baker's Island, states that he has not received any information from the Coast Guard. He clarifies that the DEP ruled that he would receive a copy of the plan from the Coast Guard. He suggests that his points might have become part of the Order of Conditions. He says that he has been in contact DEP and the EPA. Levins states that his thoughts on this do not effect this Commission. . Pabich asks if he appealed on the local level and Levins stated that he did. Levins states that he had a discussion with a clerk that said the case had been referred to the Solicitor and the Council and they were cognizant of the fact that this was time- sensitive. S. Peabody Flood Mitigation Proiect Duques states that she received a letter from the Department of the Army regarding the Peabody flood mitigation project, and there will be a meeting on July 27, 2009, at 11:00 am at the Stop N Shop in Peabody. The members discuss the project. Glidden states that someone must look out for Salem's interest. Duques states that the Mayor of Salem is meeting with the Mayor of Peabody on this. Glidden expresses concern about whether the City has the right team together to examine this project. McCauley asks if someone can come to a meeting to discuss this plan, and Duques agrees • to look into this. Conservation Commission June il, 2009 Page-5 of 5 • Glidden asks if anyone is looking into this from a legal perspective, and Duques says that she doesn't know. Glidden states that this is a difficult area because the bylaws are confusing. Glidden: Motion to adjourn, seconded by Cornacchio. Passes 7-0. The meeting is adjourned at 7:10 pm. CITY OF SALEM CONSERVATION C OMMISSION o 'rl G NOTICE OF CANCELED MEETING IV You are hereby notified that the Salem Conservation Commission meeting scheduled for Thursday, June 25 2009 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street has been canceled. All agenda items have been continued to the next regularly scheduled meeting for July 9, 2009 at 6:00 PM City Hall Annex, Room 314, 120 Washington Street "his notice posted on "Official BuHetln Board" City Hsii 'Salem, Mass. on Jujd as �cO9 at la'iq P w� 36 Oft 23A & M dt KU 120 WASHINGTON STPEET,SALEM;MASSACHUSETTS 01970 ♦ TEL:978.745.9595 FAX: 978.740.0404 ♦ WWW.SALPM.COM �onaFr,� .. ` , CITY OF SALEM r , 1 CONSERVATION COMMISSION NOTICE OF MEETING Z08i AN 23 A 11: 51 You are hereby notified that the Salem Conservation Commission will hold its regularly yfiNulfq#et g on Thursday June 25, 2009 at 6:OOPM at City Hall Annex, Room 313, 120 Washington Street. """ ' f f"• i, `: David A. Pabich, P.E., Conservation Commission Chairman MEETING AGENDA Revised Agenda 1. Meeting Minutes—June 11, 2009 2. Continuation of a Public Hearing—Request for Determination of Applicability—Mass Electric (dba National Grid) 1101 Turnpike Street North Andover, MA 01845. The purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation • of a grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road. 3. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. Continued to September 10,2009. 4. Public Hearing—Notice of Intent—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. Continued to September 10, 2009. 5. Old/New Business • Summary of meeting with DEP regarding 485 Lafayette Street, the former Chadwick Leadmills Site • Discussion with Commission about allowing mountain bikes on trails in Forest River Conservation Area and inclusion of the trail in a citywide bike circulation master plan • Request for a Certificate of Compliance DEP #64-392, 31, 32, and 35 Cedarcrest Avenue • Discussion of violations at 40 March Street • Notification that a Notice of Intent was filed with Peabody Conservation Commission for a fueling facility at the Peabody Stop and Shop. ids notice posted on "Official Bulf®4in Boar°' {malty dell t ' Salem, Mass. on jutue as �0001 k�t�hDl7q„� s2:. CITE' OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday June 25, 2009 at 6:OOPM at City Hall Annex, Room 313, 120 Washington Street. David A. Pabich, P.E., Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes—June 11, 2009 2. Continuation of a Public Hearing—Request for Determination of Applicability—Mass Electric (dba National Grid) 1101 Turnpike Street North Andover, MA 01845. The purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation of a grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road. • 3. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. Continued to September 10, 2009. 4. Public Hearing—Notice of Intent—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. Continued to September 10, 2009. S. Old/New Business • Summary of meeting with DEP regarding 485 Lafayette Street, the former Chadwick Leadmills Site • Discussion with Commission about allowing mountain bikes on trails in Forest River - Conservation Area and inclusion of the trail in a citywide bike circulation master plan • Request for a Certificate of Compliance DEP #64-392, 31, 32, and 35 Cedarcxest Anue • Discussion of violations at 40 March Street `0 Thls, Aejes Posted: on 'OffM 1 NBNh 608W • et► W city M 1 Salem, Man on I S�9 at I r eNA'A 6J CONSERVATION COMMISSION N LJUL - J NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission okl gfd*7 regicIdRy 4th led meeting on Thursday July 9, 2009 at 6:OOPM at City Hall Annex, Room 313, 120 Washington Street. r < is notice poc-196 on "Otticiei Bulletin Boars:" t v c'L � Cd $ alert, Mass. 011 JLJ� �ppQ DavidA. Pabich, P.E., sit N_ Pm In Conservation Commission Chairman RSA & 08 of KG.L. MEETING AGENDA 1. Meeting Minutes—June 11,2009 2. Public Hearing—Request for Determination of Applicability—Mrs. Harrington 21 Fairview Road, Salem, MA 01970. The purpose of this hearing is to discuss excavation of a propane tank after-the-fact, located within 100 feet of Salem Harbor at 21 Fairview Road: 3. Continuation of a Public Hearing—Request for Determination of Applicability—Mass Electric . (dba National Grid) 1101 Turnpike Street North Andover, MA 01845. The purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation of a grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road. 4. Public Hearing—Notice of Intent—City of Salem 120 Washington Street,Salem,MA 01970. The purpose of this hearing is to discuss roadway improvements to Leggs Hill Road including the addition of a roadway shoulder,installation of a sidewalk on the southern side of the road,installation of a rain garden, and relocation of an existing chain link fence. 5. Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. Continued to September 10, 2009. 6. Public Hearing—Notice of Intent—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. Continued to September 10, 2009. 7. Old/New Business • Update on the Peabody Flood Mitigation Project • Discussion regarding status of fines associated with 485 Lafayette Street, the former Chadwick Leadmills Site . Discussion with Commission about allowing mountain bikes on trails in Forest River Conservation Area and inclusion of the trail in a citywide bike circulation master plan • Request for a Certificate of Compliance DEP #64-392, 31, 32, and 35 Cedarcrest Avenue • Discussion of violations at 40 March Street Please Sign-In r Salem Conservation Commission Meeting July 9, 2009 Name Mailing Address Phone Email TL Z R-i+J� A-V� --ld� �� - 1 A fid �Z,D SSR-�.1'� I i C.c 4"7 � '� � R3A�r�i3A�c l.Om Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, July 9, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Michael Blier, Kevin Cornacchio, Amy Hamilton, Carole McCauley Members Absent: Rebecca Christie, Keith Glidden, David Pabich Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Acting Chairperson Cornacchio calls the meeting to order. 1. Auoroval of Minutes — June 11, 2009 Meetina Hamilton: Motion to approve the minutes as presented, seconded by McCauley. Passes 4-0. • 2. Public Hearina — Reauest for Determination of Aoolicability — Mrs. Harrinaton, 21 Fairview Road, Salem. MA 01970. Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss excavation of a propane tank after-the-fact, located within 100 feet of Salem Harbor at 21 Fairview Road. Duques states that she visited the property on June 25 and observed that some excavation had been done, then spoke to Danny Mackey, who did the work, and he installed silt fence. She explains that Dave Pabich said it was OK to move forward with the project, and as it is within 100 feet of Salem Harbor it is necessary to file the RDA. Duques confirms that Mrs. Harrington came to the office on Monday and completed the RDA. She states that the work is completed and everything has been backfilled and tightened up. She explains that this procedure is basically administrative to comply with regulations. Cornacchio confirms that Mrs. Harrington came in immediately when she learned of the Conservation issue. He recommends Duques send a letter to Danny Mackey and Dan Cody (Chief). Mrs. Harrington states that she plans to put some trees there. Duques states that plantings are exempt from filing regulations. • Blier questions the exemption of all plantings, stating that for large items, some big Conservation Commission July 9, 2009 Page 2 of 7 equipment might need to enter the property. • Duques agrees to get further details on Mrs. Harrington's plantings. Duques recommends a -3 determination. Cornacchio opens to the public. There are no questions or comments. Blier: Motion to close the pubic hearing, seconded by McCauley. Passes 4-0. Hamilton: Motion to issue a -3 Determination, seconded by McCauley. Passes 4-0. 3. Continuation of a Public Hearing — Reauest for Determination of Applicability — Mass Electric (dba National Grid) 1101 Turnpike Street. North Andover. MA 01845 Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation of a grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road. Duques recommends continuing this hearing until the next meeting. She adds that she received an email from National Grid, which states that the poles are on private property and they received an easement so they do not need to file with the City Council. • Hamilton: Motion to continue this public hearing until July 23, seconded by Blier. Passes 4-0. 4. Public Hearina — Notice of Intent — City of Salem, 120 Washinaton Street, Salem, MA 01970 Cornacchio reads the legal public hearing notice, which states that the purpose of this hearing is to discuss roadway improvements to Leggs Hill Road including the addition of a roadway shoulder, installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence. City Engineer David Knowlton states that the YMCA has opened and they were required to fund improvements to the roadway. He explains that over time the stormwater runoff has washed across the roadway and eroded the surface so they will reconstruct the Salem section of the road completely. Knowlton shows the plan and the section of the road with the new sidewalk, stating that a swale and water garden will be installed to address the drainage issue, and that half the road will pitch toward the swale and half will pitch away from it and the rain garden will treat the water. Blier asks about maintenance. Knowlton states that the City will maintain the swale and the rain garden. He explains that f Conservation Commission July 9, 2009 Page 3 of 7'. ._-. . . • stone riprap will be installed at the areas showing scouring. Engineer Bill Jennings, representing the YMCA, states that some of the water has already been redirected away from that road. Duques states that there is overgrown vegetation along the road. Knowlton states that all of the overgrown vegetation will be cleared away. He adds that this is Beverly's water supply watershed area so it must be protected. Jennings states that he hopes to begin the project in late summer. Blier asks Knowlton if he anticipates any damage to the riverbank during the construction. Knowlton states that he doesn't anticipate any problems and they will need to be careful at the bridge footing and they will use a silt fence. McCauley asks how much water will be captured by the rain garden. Knowlton states that he isn't sure of the exact amount. Cornacchio states that he would like an estimate of that amount at the next meeting. • Cornacchio opens to the public. There are no questions or comments. Cornacchio suggests having a site visit at 4:30 pm, on July 23. Len Faithful of 2 Victoria Lane, Marblehead, states that his back window faces the YMCA. He asks if the fence will be replaced. Knowlton states that the fence will be replaced. Hamilton: Motion to continue this public hearing until July 23, seconded by McCauley. Passes 4-0. S. Public Hearing — Reauest for Determination of Applicability — City of Salem, 120 Washington Street, Salem, MA 01970 Cornacchio continues this hearing until September 10, 2009. 6. Public Hearing — Notice of Intent — City of Salem, 120 Washington Street, Salem, MA 01970 Cornacchio continues this hearing until September 10, 2009. Old/New Business • 7. _Update on the Peabody Flood Mitigation Proiect v Conservation Commission July 9, 2009 Page 4 of 7 Duques states that David Knowlton is hear to inform the Commission on the status of the • project. Knowlton states that the City retained Woodard and Curran to examine this project to be sure that Salem would not be negatively impacted by these improvements. He adds that there could be minor impacts in the North River in Salem but they should be able to be mitigated. He explains that the raising of the surface water in that river could spread the flooding out into the neighboring areas, and one possible solution would be to put an isolation valve in the drainage to ensure that the water doesn't go back up into the systems. Knowlton states that they expressed those concerns to Peabody, and the biggest concern is what those improvements will be on the river in Salem. He explains that a hydraulic analysis showed that the upper part of the North River in Salem is so restricted it is holding the water back. Knowlton states that the work has been separated the two projects, with phases 1 and 2 as one project and phase 3 as the second project, so the Salem project.(phase 3) has been assigned to the Army Corps of Engineers (ACE), who is moving forward with a feasibility analysis to see exactly what that project entails. Knowlton states that after the first threshold is met ACE will examine an alternative, which might involve the installation of a separate pipe to act as a conduit through the natural area (bypass pipe near Salem Oil and Grease). He offers to provide a memo to Duques • when he receives further information from ACE. He confirms that Woodard and Curran is still working with the City. Cornacchio asks about scouring at the bends in the river. Knowlton states that they are looking into straightening out the S-curves at the RR bridges. McCauley asks if there will be enough money to complete this project, and Knowlton says that there will. McCauley asks about North Street. Knowlton says there are 2 small culverts that will be examined to ensure that they are structurally sound, and they may need to consider tide gates. Blier states that they are moving forward with phases 1 and 2 and basing their assumptions on phase 3, without it being fully designed it might compromise the City of Salem's position or ability to respond. Knowlton states that there is an element of politics involved and there is a desire to cooperate at the highest level. Blier expresses concern about the peer review stating that they should consider the • additional work needed in phases 1 and 2 to better enable success in phase 3. Conservation Commission July 9, 2009 .. _.,._. Page 5 of`7 . • Duques states that Peabody has tried to implement a lot of LID and rain gardens to reduce the amount of sheet flow going into the North River. Knowlton adds that they are preparing an Environmental Impact Report. Duques asks if the scope of the project has changed now that the ACE is involved. Knowlton states that they will look into extending the project to Route 114. S. Discussion reaardina status of fines associated with 485 Lafayette Street the former Chadwick Leadmills Site Richard Bain states that they had a meeting with all of the parties involved and plans for the clean up are now going forward. He commends DEP for the shepherding of this project and states that clean up can start this fall and it will probably take two falls to complete the entire project. Duques states that DEP changed their position on demanding that NL clean the Forest River but they are cleaning the hot spots that contribute 90% of the lead into the river. She adds that the Salem Conservation Commission land was seen as isolated and will be left as is and DEP confirmed that the lead levels were low enough. • Bain states that NL will be doing the clean up. Engineer Paul Costello distributes a sketch of the wall, stating the wall is over 100 years old but is in very good shape. He says that he inspected the wall twice. He describes the wall as 6 feet wide and 14 feet high, weighing over 9000 lbs. Costello describes the physical characteristics of the wall and the forces at work with the structure, and the 5 possible issues that might be affected when tampering or moving or changing the wall. Those 5 things include; (1) overturning, (2) sliding, (3) global failure, (4) discrete elements of the wall, and (5) seismic forces. He explains that altering one of these things might have negative consequences on any one or more of the other issues. Bain states that the clean up must be done in a way that preserves the structural integrity of the wall, and DEP will monitor it throughout the project. Cornacchio states that the Commission now has a better understanding of all of the forces with the wall. Costello states that, upon inspection, he discovered that, at one point, there was grout in the wall. Blier states that this method of taking a step backward and looking at the big picture with this wall has been helpful. • Cornacchio thanks Bain and Costello for coming in to provide the information. Conservation Commission July 9, 2009 Page 6 of 7 Duques states that there is the issue of the outstanding fines. . Cornacchio states that he is comfortable with waiving the fines because they responded immediately. Blier states that in other situations there have been sudden collapses and he agrees with Cornacchio about waiving fines. McCauley asks if they discussed redirecting the fines into the repair of the wall and the ' other Commissioners don't remember that. Hamilton agrees with Cornacchio about waiving the fines. Blier: Motion to waive the fines based on the prompt response from the property owner, seconded by Hamilton. Passes 4-0. 9. Discussion with Commission about allowing mountain bikes on trails in Forest River Conservation Area and inclusion of the trial in the citywide bike circulation master plan Duques states that the City is compiling a bike trail master plan and they would like to allow mountain bikes in Salem Woods. She adds that Chris Burke is in favor of allowing bikes in Salem Woods. Duques reads a letter into the record from Ward 7 City Councilor O'Keefe, expressing • concern about the use of mountain bikes in the Salem Woods and requesting a meeting with all involved parties. Blier expresses concern about the destruction of the trails from mountain bikes. Duques states that David Pabich is in favor of allowing bikes. She adds that the Salem Conservation Commission owns this land. She suggests having a site visit. She says that there is a "No Biking" sign and they could put a plaque over it for one year and then evaluate that trails to gauge the extent of the any damage caused by the bikes. Duques states that if the Commission allows mountain biking it would be included on a citywide master plan. Cornacchio suggests checking with the City of Lynn to see if there is much damage in the Lynn Woods, where mountain biking has been allowed for years. The members agree to a hold a site visit after visiting Leggs Hill Road. 10. Request for a Certificate of Compliance. DEP #64-392: 31, 32, and 35 Cedarcrest Avenue Duques states that the members had questions about the retaining walls. • Duques reads a letter into the record from Robert Griffin of Griffin Engineering. She Conservation Commission July 9, 2009 Page 7 of 7. . • recommends issuing a full Certificate of Compliance. Blier: Motion to issue a full Certificate of Compliance, seconded by McCauley. Passes 4-0. 11. Discussion of violations at 40 March Street Duques states that she has been in discussion with the property owner, and she visited the site with the building inspector and the harbormaster. She explains that the lot must be cleaned up and there are unpermitted floats out there. She adds that sent the owner a letter a year ago requesting that the owner remove the floats from the water and store them upland, but nothing was done. She states that the shed in the water is not permitted. Cornacchio recommends that Duques have him come in. 12. Miscellaneous Items Suffolk Downs: Duques explains that Saturday is Salem Day at Suffolk Downs and passes are available. Chapter 406: Duques states that she has a letter from the Massachusetts Slow Growth Initiative, which speaks against Chapter 40B (affordable housing ordinance). He explains • that if a city does not meet the percentage quota for affordable housing, a developer can build in that city without any regard to permitting requirements, or any need to go through the permitting processes. She adds that the organization is requesting support from the Conservation Commission in opposing Chapter 40B. Stop n Shop, Peabody: Duques explains that a fueling station might be installed at this location, in an area as far from the North River as possible. She adds that they haven't come before the Peabody Conservation Commission yet, and this project is not is Salem's jurisdiction, but it is located within the flood zone, and the area is already paved. The members express concern about the environmental impact that this would cause. Duques agrees to follow up. Hamilton: Motion to adjourn, seconded by Blier. Passes 4-0. The meeting is adjourned at 7:30 pm. �ONWT ^• CITY OF SALEM ME CONSERVATION COMMISSION o NOTICE OF CANCELED MEETING ; You are hereby notified that the Salem Conservation Commission meeting scheduled for Thursday, July 23 2009 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street has been canceled. T All agenda items have been continued to a date yet to be determined. The meeting will be posted at least 5 days prior to the meeting date. Please check the City's web site (www.salem.com) and the public meeting board at 93 Washington Street for updates. s-his notbo/i po€-ted on "Official ®uHetin Board° City Hall Salem, Mass. on jU,Ly a3 koa� at 1: 57 Oy in acoordw= wM obw 39 $ 23A of M.G.L. 120 WASHINGTON STREET,SALEM,MASSACHUSETTS 01970 ♦ TEL:978.745.9595 Fax: 978.740.0404 ♦ WWW.SALFM.COM �odmr�A CITY OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday July 23, 2009 at 6:OOPM at City Hall Annex, Room 313, 120 Washington Street.S' lidhi Pabich, P.E., r �" Conservation Commission Fhairnmn MEETING AGENDA 7 N 1. Meeting Minutes—July 9, 2009 N 2. Continuation of a Public Hearing—Notice of Intent— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss roadway improvements to Leggs Hill Road including the addition of a roadway shoulder,installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence. 3. Public Hearing—Request for Determination of Applicability— Dominion Energy 24 Fort • Avenue,Salem,MA 01970. The purpose of this hearing is to discuss the repairs to an existing pier at Dominion Energy located in Salem Harbor. 4. Continuation of a Public Hearing—Request for Determination of Applicability—Mass Electric (dba National Grid) 1101 Turnpike Street North Andover, MA 01845. The purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation of a grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road. 5. Old/New Business • Discussion with Commission and Bike Path Committee Chairman, Dan Shuman, about allowing mountain bikes on trails in Forest River Conservation Area and inclusion of the trail in a citywide bike circulation master plan. • Mark Tremblay Request for a Certificate of Compliance DEP#64-360 and#64-433 • Minor project change 15 Peabody Street Park DEP#64-475 • Discussion with the property owner of 40 March Street regarding material stored in wetland and associated buffer zone. at ��' 2z — �' tvael L-ii 70 Of 17. cl CITY OF SALEM i CONSERVATION COMMISSION NOTICE OF MEETING CITY CLE:P� , �o-xLLi`§, Y '�S You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on I'hursdayAugust 13,2009 at 6.00PMat City Hall Annex,Room 313, 120 Washington Street. David A.Pabich,P.E., Conservation Commission Chairman REVISED AGENDA 1. Meeting Minutes—July 9, 2009 2. Continuation of a Public Hearing—Notice of Intent DEP #64-491— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss roadway improvements to Leggs Hill Road including the addition of a roadway shoulder, installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence. • 3. Public Hearing—Request for Determination of Applicability—Dominion Energy 24 Fort Avenue, Salem, MA 01970. The purpose of this hearing is to discuss the repairs to an existing pier at Dominion Energy located in Salem Harbor. 4. Continuation of a Public Hearing—Request for Determination of Applicability—Mass Electric (dba National Grid) 1101 Turnpike Street North Andover,MA 01845. The purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation ofa grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road, 5. Old /New Business, • Discussion with Commission and Bike Path Committee Chairman, Dan Shuman, about allowing mountain bikes on trails in Forest River Conservation Area and inclusion of the trail in a citywide bike circulation master plan. • Minor project change 15 Peabody Street Park DEP#64-475 • Request for a Certificate of Compliance DEP #64-360 and#64-433 7 Laurier Road • Discussion regarding 40 March Street and material stored in wetland and associated buffer zone. • Update on National Park Service Pedrick's Warehouse drainage from roof • Request for a Certificate of Compliance DEP#64-349 20 Parlee Street . • Discussion regarding a violation at 81 Valley Street • Emergency Certificate for Salem Suede Building 72 Flint Street • Peabody Flood Mitigation Project Update itis., notiv., po09d on "OffiCis-° ouiistin 50131& kAy Hi3 3�1��;m, ��ss�. tats MON I P<uG -to , Zoo �� v��cot�otr� CITY OF SALEM VA CONSERVATION COMMISSION NOTICE OF MEETING F iLE You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday August 13, 2009 at 6:00PM at City Hall Annex, oom 313,120 Was gton Stireet. rill ��c�h /Cl Davi A.Pabich,P.E., Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes—July 9,2009 2. Continuation of a Public Hearing—Notice of Intent DEP #64-491— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss roadway improvements to Leggs Hill Road including the addition of a roadway shoulder, installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence. • 3. Public Hearing—Request for Determination of Applicability—Dominion Energy 24 Fort Avenue, Salem, MA 01970. The purpose of this hearing is to discuss the repairs to an existing pier at Dominion Energy located in Salem Harbor. 4. Continuation of a Public Hearing—Request for Determination of Applicability—Mass Electric (dba National Grid) 1101 Turnpike Street North Andover,MA 01845. The purpose ofthis hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation of a grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road. 5. Old /New Business • Discussion with Commission and Bike Path Committee Chairman, Dan Shuman, about allowing mountain bikes on trails in Forest River Conservation Area and inclusion of the trail in a citywide bike circulation master plan. • Minor project change 15 Peabody Street Park DEP #64-475 • Request for a Certificate of Compliance DEP #64-360 and #64-433 7 Laurier Road • Discussion regarding 40 March Street and material stored in wetland and associated buffer zone. • Update on National Park Service Pedrick's Warehouse drainage from roof • Request for a Certificate of Compliance DEP #64-349 20 Parlee Street • • Discussion regarding a violation at 81 Valley Street City H at 0 -q 49 P a 7 &V y � g<v Please Sign-In Salem Conservation Commission Meeting August 13, 2009 Name Mailing Address Phone Email n i wie.,wll�ns 1-4o Pgi-- k ? ; 5-1 1123@idb^ , com cysd re C. S Li !71- U pil k.�Q� 6x 6176 �7 a6vA-k,fbv dee m r • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, August 13, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Michael Blier, Rebecca Christie, Kevin Cornacchio, Keith Glidden, Amy Hamilton, Carole McCauley Members Absent: Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. 1. Approval of Minutes — July 9, 2009 Meeting Voting members are Blier, Christie, Cornacchio, Hamilton, and McCauley. • Cornacchio: Motion to approve the minutes, seconded by Hamilton. Passes 4-0. 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-491 — 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 roadway improvements to Leggs Hill Road including the addition of a roadway shoulder, installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence. Duques states that the applicant has requested a continuance until September 10. Cornacchio: Motion to continue this public hearing until September 10, seconded by Christie. Passes 7-0. 3. Public Hearing — Request for Determination of AoDlicability — Dominion Energy. 24 Fort Avenue, Salem MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the repairs to an existing pier at Dominion Energy located in Salem Harbor. Cornacchio recuses himself from this issue. Nicole Wilkinson, with Dominion, states that they will replace (in kind) 7 oak fender piles • on a dock, including the supports. She shows the proposed work on the diagram, stating that the work will be done from a floating barge or from the existing deck, and that all of C Conservation Commission August 13, 2009 Page 2 of 7 the new piles will be placed in the same location as the original ones, except for one, which • will be moved 3 feet. She explains that they will use a turbidity curtain. Regarding Chapter 91, Wilkinson explains that she has communicated with DEP, who advised her that the work can be done under the same license, and classifies as maintenance. Pabich asks how long the work will take and Wilkinson states that it will probably take 2 days but she has applied for a one-week project to allow for anything unexpected. Pabich asks how they will be able to wrap the turbidity curtain around the entire worksite and Wilkinson states that it will be possible, because it will be weighted at the bottom and it is more of a debris-type curtain. Duques recommends a Negative 2 Determination. Pabich opens to the public. There are no questions or comments. Glidden: Motion to close the public hearing, seconded by Blier. Passes 6-0. Cornacchio recuses himself. Glidden: Motion to issue a -2 Determination, seconded by McCauley. Passes 6-0. Cornacchio recuses himself. Duques confirms that one special condition will be that the turbidity curtain will wrap around the entire worksite. • Wilkinson asks if she can show another project that they are looking forward to and Pabich states that she may. Wilkinson states that they would like to replace an old, rusted metal shed with another metal structure, matching the footprint of the existing shed. She shows a diagram, and states that there is a concrete pad under the shed, and an electrical connection and no plumbing. Pabich states that it sounds simple. Wilkinson asks if they can match the color (pale yellow). Pabich states that they can choose any color they want. Wilkinson states that the old shed will be removed responsibly. 4. Continuation of a Public Hearing — Request for Determination of Applicability — Mass Electric (dba National Grid), 1101 Turnpike Street, North Andover, MA 01845 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road and installation of a grounding rod and anchor to existing utility poles, located within buffer • zone to bordering vegetated wetlands and riverfront area along Swampscott Road. Conservation Commission August 13, 2009 Page 3 of 7 • Alicia Kabir, representing National Grid, states that they filed an RDA in May, and the poles were installed before all of the permits were obtained, and that National Grid has paid a $200 fine. She adds that the proper signature is on the RDA form, and a petition with the City Council has been filed. Duques recommends a Negative 3 Determination because it is in the buffer zone. Pabich opens to the public. There are no questions. Pabich states that this issue was discussed at the June meeting and there isn't anything else to say except that National Grid should not do this again. Cornacchio: Motion to close the public hearing, seconded by Christie. Passes 7-0. Cornacchio: Motion to issue a Negative 3 Determination, seconded by McCauley. Passes 7-0. Old/New Business S. Discussion with Commission and Bike Path Committee Chairman. Dan Shuman, about allowing mountain bikes on trails in Forest River Conservation Area and inclusion of the trail in a citywide bike circulation master plan • Duques states that the City is working on a master plan for biking areas throughout the City. One area is in the Forest River Conservation Area. The Commission may rule as it pleases on this issue. Opened this item at the end of June and Councilor O'Keefe wrote a letter expressing concerns about the allowing mountain biking in this area. Duques reads a letter from Ranger Dan Small, Ranger at Lynn Woods, in which he expresses concern about some of the bikers on the trails that do not act responsibly. He recommends that the Commission not allow mountain bikes in Salem Woods, stating that several illegally constructed trails might be built. Ward 7 City Councilor O'Keefe of 28 Story Road speaks in opposition to the allowance of mountain bikes, citing a safety issue and a conservation issue. He states that bikers have cut the fence at the Salem Woods. He adds that the City would be exposed to liability if bikers cross the train tracks and cause an accident. Dr. Vorgeas expresses concern about granting permission for bikers in Salem Woods, stating that chain link fences are often destroyed by mountain bikers. He adds that the City might be exposed to a wrongful death suit if there is an accident on the train tracks resulting from crossing bikers. Pabich requests a straw pole to get the general opinion of the Commission, and the members agree that they are not in favor of allowing mountain bikes in Salem Woods. • Frank Taormina, from the Planning Department, who oversees the bike committee, states that this area will be removed from the bike path map. Conservation Commission August 13, 2009 Page 4 of 7 6. Minor protect change — 15 Peabody Street Park. DEP #64-475 . Blier and Hamilton recuse themselves from this issue. Duques states that Landworks Studio has been working very hard to develop a new design for that park. She explains that asbestos was found on the site and DEP completed the cleanup, but during the excavation they discovered two large concrete slabs so they could not dig any deeper in those two areas so all of the trees must be planted elsewhere. Letitia Tormay states that they had planned to have the site drain toward a central area in the park and they found that they could not dig in that area so they would like to place a drain near Peabody Street (the front section of the park, where there is mainly brick rubble and sand), which will drain into the stormwater system. Pabich asks if some of this site drains to the harbor side. Tormay states that a small portion of the park will drain to the harbor, as originally planned. She points out this area on the plan. Pabich states that he would be comfortable with a notice of project change as the only difference is that the water is now going into the stormwater system. He adds that the Commission need take no action. 7. Reauest for Certificate of Compliance — DEP #64-360 and #64-433 — 7 Laurier • Road Duques states that two projects were completed by Mark Tremblay, and neither has not changed from its original plan. She adds that the City cleaned out that drainage structure, and the plants have established themselves and she received the monitoring reports. She explains that hay bales and the silt fence were still in place, but Tremblay was to remove them this afternoon. She recommends issuing two full certificates of compliance. Duques shows photos of the site. The members agree to issue two full certificates of compliance. S. Discussion regarding 40 March Street and material stored in wetland and associated buffer zone Duques describes this location off of Bridge Street and shows photos of the site. She explains that she sent the owner several letters asking him to produce a permit and she is working with the harbormaster to find a way to ensure that this site is cleaned-up. She states that the owner came in a few times and said that he doesn't have a permit. She says that her most recent letter to him, sent on August 10, requests that he provide a copy of his permits or file an NOI for the docks on shore and on coastal beach. Glidden states that he should receive a Cease and Desist Order for the storage of the docks on the land. • r: Conservation Commission August 13, 2009 Page 5 of 7 • Pabich states that technically they should call it an illegal structure. Glidden confirms that this is resource area and he is filling a resource area by not allowing the grass to grow, and Duques should send a letter stating that he must remove this or he will be fined. Duques states that she would like to have the land surveyed to determine if he is storing property on City land. Pabich states that he probably owns to the low water mark and a survey should not be necessary. Duques states that she will follow up with a letter and examine the deed. Glidden suggests that she advise him that he will be fined without further notice if this material is not removed within one week. Cornacchio suggests that Duques state the fines in her letter. Pabich suggests that the fines be set at $200/day. Glidden states that it is possible that the land for a street runs in front of this property. • 9. Update on National Park Service — Pedrick's Warehouse drainage from roof Duques states that there is an updated design for the roof drainage, which consists of PVC pipe attached to the downspout. She adds that they proposed a ramp at both entrances so she advised them to file an amendment for the construction of these ramps because they will also re-grade for this. 10. Request for a Certificate of Compliance — DEP #64-349 — 20 Parlee Street Duques states that the NOI was issued in 2003 and extended in March of 2009. She describes the exact location and shows the plan that included building a wall. Pabich states that the completed work varies from the original NOI and the owner should file an amendment before the Commission will issue a Certificate of Compliance. Duques states that a deed restriction shall be placed on the lot and the P&S mentions the deed restriction. Pabich recommends checking that deed. Duques states that he wishes to build a ladder. Glidden suggests asking him to submit his description of the ladder. Pabich suggests that Duques send him a letter stating that it appears that he has deviated from the original plan and he needs to file an amendment with the as-built plan. Conservation Commission August 13, 2009 Page 6 of 7 11. Discussion reaardina a violation at 81 Valley Street • Duques states that the owner completed work within 100 feet of the wetlands without any filings. She asks the Commission how long is "too long" to file after-the-fact. She adds that a neighbor (Jack Anderson) reported him, concerned that the stream has grown in over time and he would like the City to go in there and cut down the brush, but the City has no easement there. Pabich states that it would be good practice to require him to file an RDA regardless of the amount of time that has passed since the completion of the work. Duques agrees, stating that she requested that he complete an application for an RDA. She agrees to follow up. 12. Emergency Certificate for Salem Suede Buildina — 72 Flint Street Duques states that once the roof collapsed in one of the buildings the owner wishes to demolish it and they need to remove the asbestos siding by August 18. She explains that they need to remove vegetation around the building to get a boom in there and she asked them to file an NOI first. She states that there is mostly scrub brush and one grouping of trees on the site, and the owner has not done an environmental assessment of the structure and the site appears to be toxic. Duques states that they must stage the building, then remove the vinyl siding then each • individual asbestos tile. Pabich states that he is sure that the site is toxic. 13. Peabody Flood Mitigation Proiect Update Duques presents a copy of the notice of project change from Peabody, stating that there was a site meeting on July 22. She adds that the City might consider widening the existing North River in Salem or build a culvert parallel to the North River and weir structure to divert overflow. She agrees to advise the Commission when she has a firm draft of the plan. The members discuss the options for dealing with this project. 14. Freeman Road Duques states that the owners are interested in donating 1/4 acre to the Conservation Commission and the parcel is land locked. She asks the Commission if they are interested in accepting it, stating that is might prevent further development in that area. Pabich states that he sees no downside to accepting this. Duques states that they might wish to check to see if it isn't contaminated. • r Conservation Commission August 13, 2009 Page 7 of 7 • Pabich states that the donors should be required to present proof. Glidden: Motion to adjourn, seconded by Hamilton. Passes 7-0. The meeting is adjourned at 7:30 pm. • • CITY OF SALEM CONSERVATION COMMISSION Mq 3 NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regular) llAgc°lu`led eti'nk ' A,j Thursday September 10,2009 at 6.00 PM at City Hall Annex, oom 313 120 Washington Street. vrj ?"4�L yet,. David A. Pabich,P.E., Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes—August 13,2009 2. Continuation of a Public Hearing— Notice of Intent—DEP #64-491 City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss roadway improvements to Leggs Hill Road including the addition of a roadway shoulder, installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence. Continued to September 24, 2009. • 3. Public Hearing—Request for Determination of Applicability— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. Continued to September 24, 2009. 4. Public Hearing—Notice of Intent—City of Salem 120 Washington Street, Salem, MA 01970.The purpose of this hearing is to discuss installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. APPLICATION HAS BEEN WITHDRAWN. 5. Request of a Determination of Applicability—BioEngineering Group 18 Commercial Street Salem, MA 01970. The purpose of this hearing is to discuss the completion of a rain garden at 18 Commercial Street and installation of a demonstration wildlife floating island in the North River. 6. Request of a Determination of Applicability—Gary Tran 81 Valley Street Salem,MA 01970. The hearing is for a determination after-the-fact relating to the installation of an above ground pool, shed, and seeding new lawn at 81 Valley Street. 7. Public Hearing—Notice of Intent—DEP #64-492—Salem Suede, Inc. PO Box 708 Salem, MA 01970. The purpose of this hearing is to discuss the demolition of existing buildings at 72 Flint Street, former Salem Suede buildings within 200 feet of the North River. 8. Old /New Business • Discussion with William Hanger,manager of Winter Island,regarding along term plan for Winter Island and managing invasive species. • Update on 40 March Street material stored in wetland and associated buffer zone. a t:'�aw6 sIS J{B °'��f L 0 63�.1�tt3�L,',0(#�t� ;'iakk'ru .+Ity FJ'3!° ' 4 ,t E � L �,eP 4.r SE — 4 Please Sign-In Salem Conservation Commission Meeting September 10, 2009 Name Mailing Address Phone Email -io titin O-S i L IAR q HOwUtu 3IS L03r LAKLc Dr, &aoronji Np- L4D6moj-t0v �L-"Arrsv Igo-" &V/'oh /f --a 2- a ter (�'o� ,Heer,k •cow j h-A 9 -7V - ? q '4- 60 �3C� 98 ;?.z 7-s" S 2 � u 3'8191 as L M - 7y 691fo • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, September 10, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Michael Blier, Kevin Cornacchio, Carole McCauley Members Absent: Rebecca Christie, Keith Glidden, Amy Hamilton others Present: Frank Taormina, Staff Planner (Staffing the meeting for Carey Duques, Conservation Agent who is absent) Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. 1. Approval of Minutes — August 13, 2009 Meeting Cornacchio: Motion to approve the minutes as amended, seconded by Blier. Passes • 4-0. 2. Continuation of a Public Hearing — Notice of Intent — DEP #64-491 — 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 roadway improvements to Leggs Hill Road including the addition of a roadway shoulder, installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence. Pabich states that the applicant has requested a continuance to September 24, 2009. Cornacchio: Motion to continue this public hearing until September 24, 2009, seconded by Blier. Passes 4-0. 3. Public Hearing — Request for Determination of Aoolicability — 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 construction of a v-notch weir to monitor stream flow in the South River. Pabich states that the applicant has requested a continuance to September 24, 2009. • Cornacchio: Motion to continued this public hearing until September 24, 2009, seconded by Blier. Passes 4-0. Conservation Commission September 10, 2009 r Page 2 of 8 4. Public Hearing — Notice of Intent — City of Salem, 120 Washinaton Street. • Salem. MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss installation of a catch basin and associated drainage pipe between 100 and 120 Swampscott Road. Pabich advises the members that this application has been withdrawn. S. Public Hearina - Reauest for Determination of Applicability — SioEngineering Group, 18 Commercial Street. Salem. MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss the completion of a rain garden at 18 Commercial Street and installation of a demonstration wildlife floating island in the North River. Terry Bastian, with the BioEngineering Group, states that there has been an RDA application in for a rain garden for almost two years and now it is changing. He clarifies that the rain garden plan is the same as earlier except for the removal of the 2nd staircase, and they area adding the four 8-inch piers and the open grade upstairs. Bastian describes the new project as a pre-engineered triangular floating island, which will be used as a floating wildlife habitat. He explains that the 7' x 7' island will be bordered on two sides with a coconut core bio-log, which creates a medium to plant wetland plants, and the third side will be left alone to act as an onramp for birds. He says it will be moored with • a cement ball with a pipe attached to it, and tied to the bank at 2 points, and will sit on the bank at low tide. He states that the harbormaster has seen the mooring mechanism, the cement ball, about 2-feet across and 1.5 feet deep. He assures the members that the floating island will be brought in if there is a hurricane. Cornacchio states that he would like to have that mooring checked periodically to be sure that the mooring is operating as designed. McCauley asks if there will be signage for the island and Bastian states that they will have signage for the public. Pabich asks about the gravel. Bastian states that the gravel will be attached to some old carpeting and is used for nesting because it is bird friendly, providing a dry, safe area for the birds. Bastian states that this island is designed to go through the winter, and there are several of them in Chicago, and in Germany, where this is designed, they last through the winter and the triangular shape is specifically designed to withstand the winter. Pabich expresses concern about it being moored from two points stating that the lateral forces will push it away from the wall. He states that there will be ice in the river and the tide moves the ice and will push on the island. He asks if this island has any other purpose • other than as a marketing tool. a Conservation Commission September 10, 2009 Page 3 of 8 • Bastian states that the island will demonstrate the type of thing that can be done with a channel like this. He adds that the plants will grow in the coconut core will host plants and the roots will hang into the water and provide habitat for fish. Cornacchio asks how well the roots will last with the tide cycle. Bastian states that the coconut core retains a lot of water so it should last well. Pabich asks what the anticipated life of the coconut core and unit are. Bastian states that the coconut core and the unit should last 10 years and they are only asking permission to use it in the river for 3 years. Blier express concern about this island stressing the wall where it is attached, stating that when tidal or weather forces cause the island to pull away, the wall structure may be compromised. Blier asks if anything other than a PVC material can be used with the mooring. Bastian states that PVC is used in a marine environment because it doesn't degrade too much. • Blier states that this might be a precedent-setting issue for anyone wishing to market items in the river. Pabich states that this is a political issue that can be left up to another board. Bastian assures that Commission that the island will be closely monitored stating that he will be taking digital images of it on a monthly or bi-weekly basis, and monitoring the plants. Pabich states that there should be a public information sign and this determination should be conditioned. McCauley asks how much weight the island can support. Bastian states that it can support a lot of weight. McCauley asks if kids will sit on it. Bastian states that it will not tip it anyone sits on it. The members discuss the possible liability issues associated with injuries caused by people trying to get on the island. Taormina suggests having signage on the island to advise people not to touch it. • Pabich states that he would like to condition this upon having the City check into a Conservation Commission September 10, 2009 Page 4 of 8 disclaimer. He adds that this issue is outside of the Commission's purview, and that, • although this concept is fine, the City Solicitor and the harbormaster should examine it. McCauley suggests sliding it away from the bank so it won't hit the wall. Blier states that this should not become a floating billboard. Pabich opens to the public. Jim Treadwell of 36 Felt Street asks if Salem Sound Coast Watch knows about this. He states that they intended to plant some grasses in the flats. Bastian states that he brought a copy of the plan to Salem Sound Coast Watch and spoke to Barbara Warren, who supports this concept. Treadwell asks if there is any problem with jurisdiction of the State. Taormina states that he doesn't know and he would check. Pabich states that the onus would be on the installer. Cornacchio states that there are 2 parts to this project, combined into one filing. Cornacchio: Motion to close the public hearing, seconded by McCauley. Passes 4-0. • Pabich suggests a -3 determination with conditions. The members review the conditions, which are: • The applicant will submit a monthly checklist on monitoring the island • The structure shall be removed if an issue arises (vandalism, storm, etc.) • Subject to the final approval of the harbormaster/Mayor's office regarding City liability, and exploring the State jurisdiction • Public signage to be reviewed by the Conservation Agent prior to installation Cornacchio: Motion to issue an Order of Conditions with the above noted special conditions, seconded by Blier. Passes 4-0. 6. Public Hearina — Reauest for Determination of Aonlicability — Gary Tran. 81 Valley Street, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is for a determination after-the-fact relating to the installation of an above ground pool, shed, and seeding new lawn at 81 Valley Street. Gary Tran states that he has a permit for his pool and he was not aware that he needed a wetlands permit. Pabich states that an RDA would have been appropriate. • ✓ Conservation Commission September 10, 2009 Page 5 of 8 • Cornacchio asks if there is any debris on the other side of the fence. Tran states that he doesn't know because he never goes beyond the fence and there might be branches and some compost might be there, and it doesn't wash into the wet area. Pabich states that he should drain the pool into the street, not into the wetland, and the compost can be place in another area on the lot so long as it is outside the buffer zone to the wetland. Pabich opens to the public. There are no questions or comments. Cornacchio: Motion to close the public hearing, seconded by Blier. Passes 4-0. Pabich recommends a -3 determination. Cornacchio: Motion to issue a -3 determination on 81 Valley Street, with the condition that the yard waste not be stored in the buffer zone, seconded by McCauley. Passes 4-0. 7. Public Hearing — Notice of Intent — DEP #64-491 — Salem Suede, Inc., PO Box 708, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing • is to discuss the demolition of existing buildings at 72 Flint Street, former Salem Suede buildings within 200 feet of the North River. Pabich reads the following letters: • Dated September 10, 2009, from the Federal Street neighborhood Association, Inc. • Dated September 9, 2009, from Mack Park Trustees Jim McDowell of Eastern Land Survey states that he has filed an NOI for the demolition of the Salem Suede Buildings. He states that there will be salvaging of materials so they won't tear the building down into a big pile that creates a lot the dust. He explains that they will place a silt barrier sock around the perimeter, even though there will not be a lot of earth disturbance. Additionally, he says that a boom has already been placed in the river in conjunction with the emergency order. McDowell states that they will be tearing down the one-story element of the building, and then working from the middle outward on the two buildings. He says that there is no intended use for this site for the next several months. McDowell describes what they refer to as a 'mystery drain" for stormwater off of Mason Street, and they don't know where it goes or where the outfall is, and it will be protected. Pabich asks for clarification about the location of the "mystery drain". • McDowell states that the drain is not under the Bonfanti Building, and he will keep the Commission informed as they discover more on this. Conservation Commission September 10, 2009 Page 6 of 8 McDowell describes the wastewater treatment plant on the site, stating that it discharges . into the sewer. He adds that the dismantling of this system will be completed after the .building comes down. Larry Early with Regional Industrial Services describes the dismantling process stating that a portion of the clean water will be filtered through tanks and pumped back into the sewer. Pabich asks about the capacity of this system. Early says that it holds about 80,000 gallons in 4-5 tanks and analytical tests are being conducted to ensure that there are no toxins in this system. Cornacchio asks if the buildings have cellars and McDowell states that none of the buildings have cellars and they were built on slabs. Pabich asks about the channels through the floor that drain into the wastewater treatment plant. Early states that the channels and the wastewater system were installed in about 1985. He adds that there are 2 sewer lines for the bathrooms and they go to the same line as the SESD. Pabich asks how this system and the channels will be protected during the demolition. Early states that there are plates on them now and it is gravity feed and the wastewater • will be the last thing they deal with. Pabich states that they must verify that there is enough storage space for anything that could happen. He cites the possibility of flooding during or after the demolition and cautions them about ensuring that these tanks do not overflow. David Zion states that he believes this system can handle more than 400,000 gallons. Pabich emphasizes that the water cannot leave the site. Blier asks for specifics on the inside-out demolition process. Larry Early states that they will be salvaging all of the timber, metal, and wood so the process will be slow. He adds that the wood that cannot be recycled is used for energy plants in Maine. Blier asks if the material is stored on site as the building is taken down. Early states that multiple trucks will be coming daily to take away the stuff so they will not have large piles of debris and they need the space so things will be taken down carefully. He iterates that this will be a selective, slow process and all of the material will be brought in and remain on the footprint. He says that some abatement is going on now and • asbestos abatement workers have a shower in a containment booth. Conservation Commission September 10, 2009 Page 7 of 8 Cornacchio asks if there have been any comments from the DEP. McDowell states that there are no comments from the DEP. He adds that the surface will be finished with crushed up concrete. Pabich states that there are concerns about dust and this is a health issue, not a conservation issue. Early states that they have given a work plan to the BOH and the building department. McDowell states that there is another drain in the center of the building which has been cut off. McDowell asks if it would be possible to close the hearing at the site visit. Taormina states that they cannot close the hearing at the site visit but they can close it now and make it conditional. He recommends that it be expedited because they have the 10-day appeal period. Pabich opens to the public. Jim Treadwell of 36 Felt Street asks if there will be no ground disturbance. Early states that it is a slab on grade so there will be minimal disturbance. • Treadwell asks if there will be cleaning of the soil. McDowell states that the clean up of the soil will occur after the buildings have come down and they will obtain a separate permit for this. Treadwell asks when the soils will be cleaned. Pabich states that he would like to see the soils tested immediately after the buildings come down. Taormina states that the Health Inspector reviewed the asbestos abatement. Pabich states that the chemicals might have settled into the soil under the building, which will soon be exposed to the weather. He suggests having some sampling of the soils underneath the slab before the roof is removed. The members explore the possibility of leaving the slab in place to cap the soil until the clean-up project occurs. They agree to condition the NOI to leave the slab in place and to grout the troths. They discuss the timing of this decision. McDowell suggests conditioning the NOI on leaving the slab in place unless they provide evidence that the soil under the slab is suitable. Pabich states that there will be a visual inspection and an LSP. Jane Arlander of Federal Street asks about pest control. Conservation Commission September 10, 2009 Page 8 of 8 Larry Early states that there is a State mandate for rodent control be done prior to the demolition. Cornacchio: Motion to close the public hearing, seconded by McCauley. Passes 4-0. Cornacchio: Motion to issue an Order of conditions with the special listed below: • Stormwater shall pass through a constructed gravel berm and then a filtrex silt sock prior to flowing over land to the North River • They will leave slab in place unless soil samples show it is free of contaminants . • Applicant shall report back to the Conservation Agent of defects and methods of repair to the concrete slabs • Quarterly inspection of the slab after demolition is complete shall occur • Daily inspection of the slab during the demolition shall occur • The Conservation Commission shall be copied on an acceptable plan filed with SESD for proper removal of the waste water contained in the facility on-site as well as any stormwater on site • An assessment of the entire drainage system for the site after the demolition shall be submitted to the Conservation Commission • In the event of issues discovered during the site visit prior to demolition, the Commission shall impose additional conditions on the applicant. P The motion is seconded by McCauley. Passes 4-0. The members agree to a.site visit on Tuesday, September 15, 2009 at 4:15 p.m. • Old/New Business S. Update on 40 March Street material stored in wetland and associated buffer zone Frank Taormina distributes a memo from Duques regarding this issue. All items under Old/New Business are continued to the next meeting on September 24, 2009. Cornacchio: Motion to adjourn, seconded by Blier. Passes 4-0. The meeting is adjourned at 8:15 p.m. c CITY OF SALEM :a cher CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday September 24,2009 at 6:00 PM at City Hall Anuex, Room 313, 120 Washington Street. David A. Pabich, P.E., Conservation Commission Chairman MEETING AGENDA I Meeting Minutes— September 10, 2009 2. Continuation of a Public Hearing— Notice of Intent—DEP #64-491 City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss roadway improvements to Leggs Hill Road including the addition of a roadway shoulder, installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence. 3. Continuation of a Public Hearing—RequestforDeterminationofApplicability—CityofSalem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. 4. Public Hearing—Notice of Intent—City ofSalem 93 Washington Street, Salem,MA 01970. The purpose of this hearing is to discuss improvements to Winter Island Maritime Park at 50-120 Winter Island Road, including removal of invasive species and restoration and preservation of the freshwater moat. 5. Old /New Business • Request for an Extension to an existing Order of Conditions DEP 964-432 National Park Service Pedrick's Warehouse Derby Wharf • Request for a Certificate of Compliance DEP 464-476 25 Winter Island Road • Request for a Certificate of Compliance DEP 964-463 15 and 25 Winter Island Road • Update on 40 March Street material stored in wetland and associated buffer zone. • Please Sign-In Salem Conservation Commission Meeting September 24, 2009 Name Mailing Address Phone Email / J�— 7,J6 Y,2 kf Of, &U-2 611 180- /37I SFc�ruk lbQ�,„�„'1 cow, -7 Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, September 24, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairperson David Pabich, Michael Blier, Rebecca Christie, Kevin Cornacchio, Carole McCauley Members Absent: Amy Hamilton, Keith Glidden (moved from Salem and no longer serves on the Conservation Commission) Others Present: Carey Duques, Conservation Agent Recorder: Andrea Bray Chairperson Pabich calls the meeting to order. 1._Approval of Minutes — September 10, 2009 Meeting Voting members are Pabich, Blier, Cornacchio, and McCauley. • Cornacchio: Motion to approve the minutes, seconded by Blier. Passes 4-0. 2. Continuation of a Public Hearing — Notice of Intent — DEP #4-491 — 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 roadway improvements to Leggs Hill Road including the addition of a roadway shoulder, installation of a sidewalk on the southern side of the road, installation of a rain garden, and relocation of an existing chain link fence. Bill Jennings states that the site walk raised some issues and they have addressed them. He explains that runoff from Leggs Hill Road will run to the swale through 3 four-inch pipes from the road to swale. The water will flow into three drainage outfalls on the northern side of the road, their locations may change slightly if field conditions indicate they should be in a different area. He states that Scott Patrowicz has reviewed the drainage swale, drainage outfalls and rain garden designs and completed calculations to determine if they are an adequate size. Based on the calculations, Scott Patrowicz added a series of check dams to the grass swale design that will slow the stormwater before it enters the rain garden. Jennings explains that drainage swales on the northern side of Leggs Hill Road were reviewed and amended. • Regarding the wall, Jennings explains that the neighbors, Mr. and Mrs. Murray, have agreed to have the wall relocated, as it needs to be swung back to accommodate the new Conservation Commission September 24, 2009 Page 2 of 6 sidewalk. • McCauley states that it appears that the water flowing off Lorin Avenue will come directly Y into the wall of the bridge. Knowlton states that eventually there will be some structural adjustment to the bridge and he could address that. He adds that a gutter should continue the water into the rain garden. Knowlton explains that they will install some check dams (every 100 feet) in the swale to slow down the water coming into the rain garden. He provides estimates for water management during a 2-year storm, a 10-year storm, and a 100-year storm. Pabich confirms that semi-annual maintenance on the check dams will be required as part of the Order of Conditions. Pabich asks for detail of overflow out of the rain garden. Knowlton states that it overflows into the stone. He adds that the City owns the roadway. Cornacchio asks about saving the large trees on the upland side. Knowlton states that they will try to save them if possible. Pabich states that if there are significant trees coming down they will be required to • replace them in another location. Knowlton states that money is a big factor in this. Blier suggests they stake the area for the Commission to view an extent of the swale before it is built. Knowlton states that it will be difficult because it is so overgrown and there will be someone else doing the clearing. Blier expresses concern about over clearing the area. He says that someone should mark the sensitive trees and show them to Duques before the clearing. Pabich states that he would like this as a condition and if too many trees are removed, some will need to be replaced. He recommends installing temporary check dams with hay bales. Pabich states that an erosion control plan should be completed before the swale is established. He iterates that they must contact the Commission before cutting down any trees measuring 6-inches in caliper or greater. Knowlton states that he could flag the larger trees (6-inches and larger) and talk to Duques before working. • ry Conservation Commission September 24, 2009 Page 3 of 6 Pabich expresses concern about the three pipes with the 4-inch inlets, stating that they are too small and will clog easily. Knowlton says that he is looking into getting grates to place over them, but there is not a lot of area to put a cover over. Jennings states that he is looking into one that will set into the granite curb. Pabich suggests flaring out the southeastern corner of riprap connecting to rain garden. Knowlton agrees to the design change. Pabich opens to the public. Barbara Warren asks if salt water will overflow into the rain garden. She suggests conditioning the Order to enforce the observation of the rain garden plants, and to have salt-water species installed if necessary Barbara Warren asks how high the water comes up at moon high tide. Pabich states that it comes to 2 inches below the top of the cover, and they can condition the Order so brackish plantings could be planted in the rain garden if the others are killed. Warren asks if the sidewalk will go to Marblehead. • Knowlton states that it goes all the way out and the bridge will be improved. Cornacchio: Motion to close the public hearing, seconded by Christie. Passes 5-0. Cornacchio: Motion to issue an Order of Conditions with the following special conditions: • The applicant will submit a semi-annual maintenance plan for the check dams and rain garden. • Erosion control will installed (temp check dams) prior to work. • Any trees of 6-inches in caliper or larger will be flagged and shown to the agent and the applicant may be required to replace such trees. • A grate will be set over each four inch drain pipe along the Leggs Hill roadway if practical. • Change to the design, at the southeaster corner of the rain garden the riprap will flare out. • The Murrays and the town of Marblehead must sign the NOI prior to issuance of the Order. • The rain garden will be observed for 2 seasons and, if affected by brackish water, the rain gardens plants will be replaced. • Erosion control will be installed at 3 discharges on the north side of the road if necessary. The motion is seconded by McCauley. Passes 5-0. • 3. Continuation of a Public Hearing — Reauest for Determination of Applicability — City of Salem. 120 Washinaton Street. Salem. MA 01970 Conservation Commission September 24, 2009 Page 4 of 6 Pabich reads the legal public hearing notice, which states that the purpose of this hearing • is to discuss the construction of a v-notch weir to monitor stream flow in the South River. David Knowlton asks to continue this because they just received the survey needed to make estimates for the job. Pabich continues the hearing until October 8, 2009. 4. Pubic Hearina — Notice of Intent — City of Salem — 93 Washington Street, Salem, MA 01970 Pabich reads the legal public hearing notice, which states that the purpose of this hearing is to discuss improvements to Winter Island Maritime Park at 50-120 Winter Island Road, including removal of invasive species and restoration and preservation of the freshwater moat. William Hanger, Manager of Winter Island Park, states that he sought information from Barbara Warren about the invasive species (phragmites and bittersweet) that seems to be taking over there. He says that he started taking it out and was told to stop. He explains that the area has fresh water, he believes spring fed, not salt water, or at least 95% fresh water and the area is not connected with the bay. He says that he would like to get permission to cut the phragmites and get someone from the City to spray to eliminate it, and eventually he would like to see the whole moat restored. • Pabich asks Barbara Warren about the spray. Warren states that it goes into the roots but does not make the soil toxic. She suggests that Hanger cut the seed heads, bag them and trash them. She says that this is the right time to spray, not after a frost, or in June. She adds that a licensed applicator should be aware of the correct time for spraying. She suggests cutting the plants down to about 1 foot before spraying. Pabich states that he would like to see the plan for the space once the invasive species are eradicated. Hanger states that once they are eradicated he would like to replace it with the,kind of grass that will grow there now, and to clear out the underbrush as much as possible. Warren states that now there is no , vegetation under the trees just dirt and it will need to 9 be an adaptive plan. She suggests using straw waddle logs or coconut core logs around the moat to provide a place to put some plantings. Pabich states that the issue for what will be done to the plants in the water will not be answered tonight. Warren states that it can be cut so that you can see into the land and then formulate a more complete plan. Because of the shortage of time she suggests giving Hanger • permission to cut the seed heads off, put them in the trash and send them to RESCO and l Conservation Commission September 24, 2009 Page 5 of 6 . they will burn them. Blier states that the phragmites is only half of the equation and the other half is the bittersweet. Warren states that Hanger should first cut the vine at the root and the top will die. Then mulch it and cover it in black plastic. Pabich suggests scheduling a site visit. McCauley asks if the City has some invasive species management plan and Duques says that they do not. Pabich opens to the public. Stacy Kilb of 16 Heritage Drive, volunteers to help with the work. Pabich says they can give the go-ahead to cut the seed heads as long as he does not disturb the soils. He adds that they can continue this hearing. The members agree to a site.visit on October 8, 2009, at 5:00 p.m. McCauley: Motion to continue this hearing until October 8 2009 seconded b Y 9 � � Y • Cornacchio. Passes 5-0. Old/New Business 5. Reauest for an Extension to an existing Order of Conditions, DEP #64-432, National Park Service, Pedrick's Warehouse, Derby Wharf Duques states that they are requesting a 3-year extension to complete drainage line on the gutter running from the eastern side of the structure. McCauley: Motion to extend the Order of Conditions for three more years, seconded by Cornacchio. Passes 5-0. Duques states that the National Park Service will install 14 exhibits and/or signs along DerbyWharf and there will be footings and this will require and RDA. 9 q 6. Reauest for a Certificate of Compliance, DEP # 64-476. 25 Winter Island Road Duques states that this is the Karam's property. She recommends a full Certificate of Compliance. McCauley: Motion to issue a full certificate of compliance, seconded by Christie. Passes 5-0. • 7. Reauest for a Certificate of Compliance, DEP #64-463, 15 and 25 Winter Island Road Conservation Commission k September 24, 2009 Page 6 of 6 Duques states that this is a joint request between the Karams and O'Sheas to do some . work. She recommends issuing a full Certificate of Compliance. Cornacchio: Motion to issue a full Certificate of Compliance, seconded by Christie. Passes 5-0. S. Update on 40 March Street material stored in wetland and associated buffer zone Duques states that she sent a letter to Greg Grant, at 40 March Street, and he removed the material so there is no need to fine, but there are structures there, and he is not the only violator on this section of the North River. She adds that he submitted an NOI but she needs a filing to permit the structure, the gangway, and the float. Much discussion ensues regarding the action that should be taken on this issue. Duques agrees to follow up with DEP. 9. Boat in Resource Barbara Warren states that when one is on Lafayette Street, when entering Marblehead and looking back, one can see that someone has a boat there and it never leaves, and it has been there for over a year on the Salt Marsh. • Pabich suggests that Duques notify the owner that the boat must be removed. Cornacchio: Motion to adjourn, seconded by Christie. Passes 5-0. The meeting is adjourned at 8:00 p.m. • �Ct'4DIPq TTY OF SALEM CONSERVATION COMMISSION �nnn nrr _n A Ill I Z NOTICE OF MEETING You are herebynotified that the Salem Conservation Commission will hold its re t Y `Ai rt'i, h9,A,SS gul4fY s It dtlled meeting on Thursday October 8,2009 at 6:00 PM at City Hall Annex, Room 313, 120 Washington Street. David A. Pabich, P.E., Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes— September 24, 2009 2. Continuation of a Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. 3. Continuation of a Public Hearing—Notice of Intent—City of Salem 93 Washington Street,Salem, MA 01970. The purpose of this hearing is to discuss improvements to Winter Island Maritime • Park at 50-120 Winter Island Road, including removal of invasive species and restoration and preservation of the freshwater moat. 4. Request for Determination of Applicability— Dominion Energy 24 Fort Avenue, Salem, MA 01970. The purpose of this hearing is to discuss the replacement of the existing dock house at Dominion Energy at 24 Fort Avenue located on an existing pier. 5. Request for Determination of Applicability—National Park Service 160 Derby Street,Salem. The purpose of this hearing is to discuss the installation of 14 exhibits along the length of Derby Wharf at 171 Derby Street, 6. Old/New Business Request for an Extension to an existing Order of Conditions DEP#64-418 Osborne Hills Sub Division Marlboro Road TM p jed on "®111101111 60"Oft 80f1fe ty Hall mass, on 22" x �< ° CV fta • 24 � , a Please Sign-In Salem Conservation Commission Meeting October 8, 2009 Name Mailing Address Phone Email V1,L-01e. Wi16^STM 5o W -I W f d id 43�5-Itt3o /` `� ` �J�/� A —S a+ (..In 4rtC4y�tP�`(Sv M. JJ 04\4 `<H 1 1V\ J • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, October 8, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Vice Chairperson Rebecca Christie, Michael Blier, Kevin Cornacchio, Carole McCauley, Amy Hamilton, Members Absent: Chairman David Pabich Others Present: Carey Duques, Conservation Agent Recorder: Stacy Kilb Vice Chairperson Christie calls the meeting to order. 1. Approval of Minutes — September 24, 2009 Meeting Voting members are Blier, Cornacchio, Christie, and McCauley. Cornacchio: Motion to approve the minutes, seconded by McCauley. Passes 4-0. • 2. Continuation of a Public Hearing—Request for Determination of Aoplicability— City_of Salem 120 Washington Street, Salem, MA 01970. Duques: City engineer has requested a continuance. Cornacchio: Motion to continue; Blier seconds motion. Passes 5-0 3. Continuation of a Public Hearing— Notice of Intent—City of Salem 93 Washington Street. Salem, MA 01970. William Hanger, Winter Island Park Manager: began bagging phragmities seeds & cutting & mulching stalks. Mr. Hanger summarized his action plan as discussed last meeting; he wants to cut all phragmities before the first frost. The City of Salem does have a couple of licensed applicators; the appropriate herbicide for use near water is'Rodeo. It gets into roots of the plant but does not harm other flora or fauna. Mr. Hanger wants to spray Rodeo this fall. He will continue to cut and spray as needed next fall. He would like to replace the phragmities along the moat with the same grass that goes to edge now. Cornacchio: Asks if the phragmities goes beyond water line. Hanger: Replies that it does; he will cut the seed heads and stalks of the plants in water too. • Cornacchio: Raises concerns about damaging the embankment as it can be muddy. Christie: Questions how to apply herbicide to plants in water. Conservation Commission i October 8, 2009 Page 2 of 6 Hanger: Pesticide gets applied to top of the tube of the plant and gets down into roots, killing • the plant. He plans to use waders or a dinghy to access plants in the water. McCauley: Explains that it (herbicide application) must be done before I5t frost; Hanger agrees. Duques: This case has been assigned a DEP file number; the number is DEP 64-493. According to her contact at the DEP, Mr. Hanger must use a licensed applicator, the herbicide must not be sprayed on a windy day, and applied only during dry conditions. Rodeo was specified as the herbicide to use, and Mr. Hanger must post any warnings as required by that herbicide. Cornacchio: Questions how to dispose of the seeds; Mr. Hanger says that they're bagged. Barbara Warren (of Salem Sound Coast Watch) says they get burned once they go to the waste facility. Blier asks about the Oriental Bittersweet on the island; Mr. Hanger answers that it's getting mulched, including the seeds. The berries get mashed but he can't be certain that they get destroyed. He says he intends to cap the mulch pile so that they dont spread. Blier asks how long seeds will be viable; B. Warren says that it could be a long time. Blier questions what the Commission is approving. What will this agreement enable Mr. • Hanger to do? He is worried that the scope of the application may be too large; there are some worries about what is meant by "restoration." Duques: Answers that the notice of intent thus far covers the application of herbicides to phragmities and other invasive species on the island Blier: Says he is in favor of allowing removal of invasive species, but "restoration" could be broadly interpreted. Hanger: Replies that restoration of the moat and other structures on the island is the ultimate goal, but will require funding to achieve. Blier & Christie: Question if the Commission will be allowing too much (i.e., building other structures on the island as covered by the term "restoration"). Duques: Clarifies that it means removal of bittersweet & phragmities; Mr. Hanger will clarify this on his application. They also talked about the smaller moat during her visit to.Winter Island, and agreed that it should also be cleared and grubbed. Mr. Hanger may need to stop clear-cutting if,there is a natural spring there. One possibility would be to put a black cap over the exposed area to stop phragmities from growing there. Mr. Hanger's application should be narrowed down to include only clearing phragmities and bittersweet by hand or using hand-operated tools, for example a weed whacker. Kevin Cornacchio agrees. Hanger: Says that this is part of a Salem project. Cornacchio agrees that restoration should • r Conservation Commission October 8, 2009 Page 3 of 6 be an eventual goal. Blier concurs. Barbara Warren points out that it is a long term goal. • Hanger says his application is broad so that he doesn't have to come back in 6 months to open a new application for the same issue. Duques: States that the order to remove invasive species is good for 3 years and the Order of Conditions will clearly state what activities are permitted. Further construction or other improvements on the island would require a new filing. Hanger says he understands. Christie opens for public discussion. Duques: Amy listened to the recording (from the previous meeting, which she missed), reviewed the meeting minutes and signed a waiver so she can vote as per Mullins Rule. Cornacchio: Asks if there should be any special conditions. Duques: Says that Mr. Hanger must follow DEP's suggestions of using a licensed applicator, not spraying on windy days, posting the warnings required, and using Rodeo brand herbicide. Cornacchio agrees; Blier wants to provide for slope protection once it has been cleared. Duques suggests using a coconut log for this purpose • Barbara Warren points out that the soil won't be disturbed; the phragmities roots will still be intact. She suggests including a condition that bank gets watched, and if erosion occurs, then protection will be installed. Planting the embankment will have to wait until the phragmities is completely cleared (possibly next year). Cornacchio suggests installing erosion control as needed. Hanger asks if, as a result of this meeting, the city has permission to spray as there's a condition not to spray within 100 ft of water. Cornacchio says that if DEP approved/suggested it, it should be OK. Duques proposes a meeting at the site with Tom O'Shea to confirm permission to spray. She adds as condition that they meet to discuss allowance of spraying. Cornacchio: Motion to close public hearing; Blier seconds. Passes 4-0. Cornacchio: Motion of intent to let phragmities and bittersweet be removed as per conditions stated earlier, on the whole island. Michael Blier seconds, Carol McCauley abstains. Passes 4-0, with 1 abstaining. • 4. Reauest for Determination of Applicability— Dominion Enerav 24 Fort Avenue 4 Conservation Commission October 8, 2009 Page 4 of 6 Salem, MA 01970. S. •Cornacchio recuses himself (but does not leave the room). Nicole Wilkinson, environmental specialist for Dominion. They would like to replace the dock house. This would involve removing the 9.5' x 11.5' galvanized building that is bolted to the pier; it would be replaced with a prefabricated structure on the same footprint as the existing structure, and will use existing the electrical service. No in-water work and no excavation is required. Blier asks if there is water in bldg; Nicole says there isn't, just electricity. Christie asks if the crane they'll use is on site or.if they need to obtain one. Cornacchio says that the crane is on site. Duques says that she checked to see if this work was exempt, but the structure is on a pier, in a buffer zone, but does not involve soil disturbance. Wilkinson says she didn't want it to be an issue. Christie asks what will happen to old building. Wilkinson says the metal will be disposed of or recycled; Cornacchio says it will be pulled apart. • Christie opens for public discussion; motions to close public discussion; McCauley seconds. Passes 4-0, 1 recused. Duques agrees to issue a negative 3, which is for work in buffer zone, with no impact. There are several conditions imposed: - All work is to be done from the land side - All components of the previous structure are to be removed and properly disposed outside of the resource area - The applicant is to maintain the structure, ensuring that it remains in tact Hamilton motions to approve of conditions; McCauley seconds. Approved 4-0; 1 recused 6. Reauest for Determination of APPlicability— National Park Service 160 Derby Street. Salem. Dave Kayser, National Park Service, museum curator at the Maritime Site. He wants to install World Trade Exhibits ranging from very small to a larger, entrance exhibit. There will be some interpretive/interactive exhibits also. He hopes to install these in November and is almost done with planning. Installation will require minimal digging for footings; he intends to auger to a depth of no,more than 3' for footings. Because of Conservation Commission and archeological concerns, he will trying to keep digging to a minimum. Funding is in place but design has gone on longer than expected. Mr. Kayser needs 6-8 weeks • i Conservation Commission October 8, 2009 Page 5 of 6 to construct the panels for the exhibit. He can build possibly into December but that may be • too late. He can produce the exhibits now and install in spring if needed. Cornacchio asks if concrete will be poured in the footing holes; Kayser says yes, most holes will be filled. Blier asks what will be done with the materials that have been dug up; Kayser says it will be trucked off site, but it should be minimal. Cornacchio asks for a condition that dirt not be left overnight in case it rains; he doesn't want it stored in the buffer zone. Duques describes the exhibit. Kayser says they can cover materials that have been removed, but Cornacchio thinks that slope may be a negative factor, so Kayser agrees to truck them off site. Duques asks Cornacchio if it should be hauled off site or just off the buffer zone; Cornacchio says just off the buffer zone would suffice. Duques asks if there will be a gravel base around the larger exhibits; Kayser says there will be. Kayser says the wharf will be more educational when the project is completed. He describes • the wharf as it was in the 19th century; it's not a lively place now and the NPS is trying to bring back that feel. Christie: Points out that the exhibit focuses on an often-neglected aspect of Salem other than sensationalism. She asks if the boat portion of the exhibit will be a cross-section of a boat. Kayser says he wants to show the interior of a ship, and that portion of the exhibit will also be used as place for performances, interpretive talks, demos, musical groups, etc. It should be large enough for 4-6 people to be performing there. Cornacchio states that if dirt is removed daily, there is no need for erosion control. Asks if there is a need for coconut logs. Probably not. Christie opens for public discussion. Cornacchio motions to close hearing; Hamilton seconds. Passes 5-0 Duques is looking for a negative 3 with the condition that excavated material be hauled daily and not left uncovered. Cornacchio motions in favor of the negative 3; Blier seconds. Approved 5-0. • 7. Old /New Business a. Request for an Extension to an existing Order of Conditions DEP #64-418 Osborne Conservation Commission October 8, 2009 Page 6 of 6 Hills Sub Division Marlboro Road Duques says that a continuance has requested until Oct. 22nd (the next meeting). • Cornacchio: motion to adjourn, Blier seconds. Passes 5-0 The meeting is adjourned at 7:00 p.m. • all CITY OF SALEM Ps CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday October 22,2009 at 6:00 PM at City Hall Annex, Room 313, 120 Washington Street. David A. P abich, P.E. Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes—October 8, 2009 2. Continuation of a Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. 3. Old/New Business • Request for an Extension to an existing Order of Conditions DEP#64-418 Osborne Hills Sub M Division Marlboro Road • Discussion of Bakers Island Project and Appeal • Commission to vote on release of funds for Commissioners to attend MACC Fundamental Workshop Series ^{ N G Ci "O '1 r7 (f, W ofh 4a � 0 Jam(. • Please Sign-In Salem Conservation Commission Meeting October 22, 2009 Name Mailing Address Phone Email A 52 ex 7�a 33 �� ,iUNkA 1 • Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, October 22, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Chairman David Pabich, Michael Blier, Kevin Cornacchio, Amy Hamilton, Members Absent: Vice Chairperson Rebecca Christie, Carole McCauley Others Present: Carey Duques, Conservation Agent Recorder: Stacy Kilb Pabich calls the meeting to order. 1. Approval of Minutes - October 8, 2009 Meeting a. Voting members are Blier, Cornacchio, and Hamilton. b. Cornacchio: Motion to approve the minutes, seconded by Hamilton. Passes 3-0. 2. Continuation of a Public Hearing—Reguest for Determination f • ARRlicability— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. Duques points out that this issue has continued for months. The benefit to the city is that they don't have to file again. Cornacchio motions to continue until the Nov. 12th meeting. Blier seconds. Passes 4-0. 3. Old /New Business a. Reauest for an Extension to an existina Order of Conditions DEP #64-418 Osborne Hills Sub Division Marlboro Road Pabich reads aloud the formal request (DEP File # 64-418) Paul DiBiase of Osborne Hills Realty Trust explains that 12 houses were built and sold at Strongwater Crossing. Some additional curb work is planned before winter. Some street tree plantings, blasting and earth moving will be done in the 2nd phase. Pabich asks how many lots there will be per phase. • DiBiase answers that there are 19 lots in the 1st phase, 12 of which are.constructed, and two of those had Order of Conditions for which Certificates of Compliance were Conservation Commission December 11, 2009 Page 2 of 6 obtained. The order remaining in the I" and 2 n phase is an order permitting road . construction. Pabich asks if there should be separate orders for each phase or if the original should be amended Duques explains that the amendment to the Original Order of Conditions combines phases 1, 2, 3, 4, and 5. Duques states that upon completion of phases 1 & 2, partial Certificates of Compliance will be requested. Duques questions if this request for an extension is for the next 3 years. DiBiase says that it is, since it is not possible to give an exact time frame. Cornacchio asks if there's been erosion, etc. DiBiase says there has been no erosion, that common areas are maintained & plowed, and they are trying to move forward with funding for curbing. They want to put in 1200 more feet of curbing in front of the completed houses. They can't do it for houses not constructed yet. He spoke to Rick Rennard, of City of Salem's DPW about planting street trees; it was recommended they be planted every 30 feet. The nurseries the trees would come from are hesitant; they don't want to send/plant one of recommended species. They plan to do it in the spring. • Pabich opens to the public. There are no questions or comments. Cornacchio motions to extend the Osborne Hills project (DEP File # 64-418) for 3 more years. Blier seconds. Passes 4-0 b. Discussion of Bakers Island Project and Appeal Duques explains the history of events and updates the Commission on where the project stands. She states that the Commission issued an Order of Conditions to the coast guard for DEP #64-479. This order was appealed, and the DEP & Duques worked together to conduct a site visit of Bakers Island and obtain additional information from the U.S. Coast Guard. The DEP issued a Superseding Order of Conditions which was also appealed. Duques explains that Robert Leavens, who appealed the project, has been in discussions with the DEP. As a result of the appeals an adjudicatory hearing will be held this winter, and he is here to talk to commission regarding changes to the original proposal. Robert Leavens of Magnola, MA explains to the Commission that he is concerned about changes to the US Coast Guard's methodology of doing work - for example, mooring the barge off the beach and putting down bars. A site visit/Superseding • Order advanced a new plan suggesting they would build a path below the high tide F Conservation Commission December 11, 2009 Page 3 of 6 • line to land the barge on, blocking the longshore current. He's concerned if something happens downstream to hold up the project, this path could be left & could damage the pier. At the advice of Rebecca Cutting of the DEP, he is asking the Commission what they know about the plans. The DEP decided it was a change and had a settlement agreement. Leavens stated that the reason for coming here isn't relevant anymore. He agrees with that portion of settlement; the Coast Guard agreed not to have a structure for more than 90 days. Pabich recalls a horseshoe shaped structure to be closer to low water, in the interest of having the barge not be on the beach. He appreciates the need for a timeline, and agrees that this level of inadequacy in a government application is startling. Blier asks why there was a change in terms of the landing. Pabich says the change was asking for more detail up to the beach onto the site. Leavens states that the plan now is to crash the boat onto it instead of keeping the barge offshore; though he still doesn't want it there for a long time. Pabich says that the Commission has been updated. • Leavens has come to terms with DEP on a couple of issues; one other issue will be decided in Superior Court. Pabich opens to the public. Annie Harris is a member of the public who holds a license to the Coast Guard Station through Essex National Heritage Commission. Harris views the plan and asks about modifications. Pabich decides that the matter requires no action on the Commission's part, and that the issue is complete for now. c. Commission to vote on release of funds for Commissioners to attend MACC Fundamental Workshop Series Duques says that Becky Christie was interested in attending some of the 8 fundamental workshop units offered by Mass. Association of Conservation Commissions. Each course costs $45; Duques has attended two. When all have been attended you get a certificate. They can be useful. Blier asks where to go to see the roster. • Duques tells him to see the MACC website. Most units offered are Saturdays; two b Conservation Commission December 11, 2009 Page 4 of 6 are offered at a time. • Cornacchio says that the information is also printed in a monthly newsletter. Blier asks if it would be appropriate to list a blanket amount, then put the leftover money back in the fund. Duques agrees and suggests an amount of $500. Pabich states that this should be enough if other members want to go. Hamilton motions to release $500 for Commissioner workshop attendance. Cornacchio seconds, passes 4-0. New Business not on agenda: Activity at Winter Island Yacht Yard located on Winter Island Road Duques points out that a last-minute item has come up. She asked Peter Haywood to attend the meeting after observing unpermitted activity occurring at Winter Island Yacht Yard located on Winter Island Road without a permit from the Conservation Commission. The project included the installation of a boat wash system including a trench drain and separate storage tank; it appeared that everything was installed today. Peter Haywood, 3A Winter Island Road, states that there was no land fill, etc. He • has not been before the Commission in a while, but was here approximately three years ago. Pabich says that he made it clear earlier that machine usage would require him (Peter Haywood) to come before the Commission Haywood replies that the DEP came out last year and checked out the marina and required that a boat wash system be installed. Haywood explains how the system works; a trough feeds water, which is pumped into a tank; a membrane is rolled out, the boat is placed on the membrane and then washed, allowing for the wash water to be directed into the trough. The water is pumped from the trough to a tank, where the sediment sinks down and the water is recycled. Haywood explains that when they started the project the digging proved too difficult to do by hand so he hired a backhoe. Pabich points out there are several yards of open material, and asks about size of drain. Pabich thinks that lots of material could migrate across the site, and reminds Haywood that earlier, he made it clear that they weren't to do any significant digging without speaking to Commission first, or fines could be levied. Pabich states that Haywood should have asked if he needed to file. This project warrants an RDA at least, if not a full NOI filing. • Conservation Commission December 11, 2009 Page 5 of 6 Cornacchio says that the stockpile is loose material that is subject to rain and erosion, and there is no blockage or sedimentation control that would prevent the material from washing into the cove. Haywood argues that the material was put back today so that rain wouldn't be a factor and that it was a one-day project. Pabich states possible contaminants that could come from the wash water from the bottoms of the boats, such as copper paint, which will be at ever greater concentrations as more boats get washed and the water is reused. Haywood states that the water will be filtered and pumped. Pabich says that even though it will be contained, the contaminants in re-used water can still be an issue. Pabich requests more information about this. Cornacchio says that the Commission went through this with another project and had various questions and expects Winter Island Yacht Yard to follow the same procedure of filing with the Commission for installing a wash system. Haywood says he had EBI (a consulting firm) come in but can't find the folder. He has such a low quantity he says he doesn't need treatment - he can contain & truck the material. He describes the size and setup of the trench/tank. • Pabich asks about the mechanism for pumping. Haywood says it's a centrifugal pump. He explains that South Essex Sewerage wouldn't let them dump there, and a place on the Cape puts it in Barnstable's system, but he will have to truck it out and it will have to be disposed of. Cornacchio reiterates that he shouldn't have dug without calling. The Commission went over this 3 years ago. Haywood should not disregard the formalities that everyone else has to go through. Pabich tells Haywood that it would be one thing if he hadn't been in front of the Commission before, but this has been gone over. He recommends to the Commission that they levy a fine. Duques says that 2 years ago, in May of 07, Haywood had a project where he did file an RDA to repair existing riprap slope, and 3 years ago he filed a Notice of Intent to install a dead-man to anchor an existing seawall to. Pabich says that after filing two times with the Commission it appeared that Haywood was aware of the process. He reminds Haywood that no matter how small, the project still needs to be filed with the Commission. Pabich states that he should at least call Duques. • Haywood reminds the Commission that the activity started this morning and is Conservation Commission December 11, 2009 Page 6 of 6 already done. • Blier reiterates that completing work without filing with the Commission is not acceptable. Cornacchio reminds Haywood that he is not exempt from these regulations on his projects and states there should be a fine, because it's a repeated issue. Pabich states that Haywood needs to file an after-the-fact RDA. Duques agrees that since this is buffer zone work, an RDA would be appropriate. Pabich proposes a fine of $200. Haywood says he is trying to improve operations at his yacht yard. He argues that the need for the machine was a "last minute" problem he encountered. Pabich says he understands and agrees, but Haywood still needs to follow the rules. He questions why it was "last minute" if he's known about this project and what it entails from DEP from a while ago. Haywood says that the first method of digging wasn't effective. Pabich tells him that this project has been in planning for a while, so there is no • excuse for not filing, especially as the process has been explained before. He will suggest that the Commission issue a $200 fine and that Haywood file an RDA. Haywood asks what is needed for the RDA. Duques says she will send it to him. Pabich moves to levy a $200 fine; Cornacchio seconds. Passes 4-0. Duques tells Haywood to make the check out to the City of Salem; she will send out a violation letter that explains everything in writing. Other Pabich presents a certificate of service to Kevin Cornacchio, who is stepping down from the Conservation Commission. Cornacchio motions to adjourn; Hamilton seconds. Passes 4-0 The meeting is adjourned at 6:50 PM. • G NL'oin CI'T'Y OF SALEM CONSERVATION COMMISSION ?004 N94 H P 2: 4 l NOTICE OF MEETING T You are hereby notified that the Salem Conservation Commission will hold its regularly sche5u[edtmeetng Thursday November 12,2009 at 6:00 PM at City Hall Annex, Room 313, 120 Washington Street. �avid A. Pabich, P.E., Conservation Commission Chairman MEETING AGENDA 1. Meeting Minutes—October 22, 2009 2. Continuation of a Public Hearing—Request for Determination of Applicability—City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. 3. Public Hearing—Request for an Amendment to an Existing Order of Conditions for the South River Harborwalk—DEP#64-466—City of Salem 120 Washington Street, Salem, MA 01970. • The purpose of this hearing is to discuss the change in the anchoring of the new steel sheetpile bulkhead at the western end of the South River from a helical anchor system to steel batter piles. 4. Public Hearing—Request for a Determination of Applicability—Peter and Diane Haywood 3A Winter Island Road, Salem, MA 01970. The purpose of this hearing is to discuss the after-the-fact installation of a boat bottom wash system, proposed on-going site and building maintenance, re- grading activities, installation of a heated concrete footing in the temporary structure, at Winter Island Yacht Yard 3A Winter Island Road. 5. Public Hearing—Notice of Intent—DEP #64-494— Shallop Landing, LLC 40 Lowell Street Peabody, MA 01960. The purpose of this hearing is to discuss removal and replacement of an existing storm drain on Szetela Lane in association with the development of a subdivision. 6. Old/New Business a R � l hot). 07009 � Y7 uu. 4 _.p A P�Kti,^m: 1$ fYt�oCW.�n.�i E jrtn 4.s�� ..r44 S� �s vW'.f✓ 3 CITY OF SALEM CONSERVATION COMMISSION NOTICE OF CANCELED MEETING You are hereby notified that the Salem Conservation Commission meeting scheduled for Thursday, November 12 2009 at 6:00 pm at City Hall Annex, Room 313, 120 Washington Street has been canceled. An agenda will be posted once a new meeting date has been determined. .O T C7 - N 1.1 cJ � ,nijff` Iwo co Q .=r'o 120 b ASH;«rou ST«>e S-\[,-',1, 01970 . Tri.: 978.745.9595 FAM: 978.740.0404 • WWiv tial E%IX V �codut�a -�� 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 December 10,2009 at 6.00 PM at City Hall Annex, Room 313, 120 Was n ton Street. David A. Pabich, P.E., Q Conservation Commission Chairman 0 n MEETING AGENDA A 1. Meeting Minutes—October 22, 2009 2. Continuation of a Public Hearing—Request for Determination of Applicabi1ity-4ity of Salem 120 Washington Street, Salem, MA 01970. .The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. 3. Public Hearing—Request for an Amendment to an Existing Order of Conditions for the South River Harborwalk—DEP#64466—City of Salem 120 Washington Street,Salem, MA 01970. The purpose of this hearing is to discuss the change in the anchoring of the new steel sheetpile bulkhead at the western end of the South River from a helical anchor system to steel batter piles. 4. Public Hearing—Request for a Determination of Applicability—Peter and Diane Haywood 3A Winter Island Road, Salem, MA 01970. The purpose of this hearing is to discuss the after-the-fact installation of a boat bottom wash system, proposed on-going site and building maintenance, re- grading activities, installation of a heated concrete footing in the temporary structure, at Winter Island Yacht Yard 3A Winter Island Road. 5. Public Hearing—Notice of Intent DEP#64495—Harmony Grove Cemetery 30 Grove Street Salem,MA 01970. The purpose of this hearing is to discuss the proposal for continued Cemetery leaf storage operations and install plantings within a Riverfront Area at Harmony Grove Cemetery 30 Grove Street. 6. Public Hearing—Request for a Determination of Applicability— Palmer Cove Yacht Club 78 Leavitt Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a vessel bottom pressure washing,water containment device at Palmer Cove Yacht Club 78 Leavitt Street. 7. Public Hearing—Request for a Determination of Applicability— Dominion Energy 5000 Dominion Boulevard Glen Allen,VA 23060. The purpose of this hearing is to discuss the installation of a trench drain and catch basin collection system at Dominion Energy located at 24 Fort Avenue within a buffer zone to Salem Harbor. Lily Mail i.aoo 1 8. Public Hearing—Notice of Intent—DEP #64-494= Shallop Landing, LLC 40 Lowell Street Peabody, MA 01960. The purpose of this hearing is to discuss removal and replacement of an existing storm drain on Szetela Lane in association with the development of a subdivision. 9. Old/New Business • Request for a Certificate of Compliance DEP #64-398--Costa Sideridis 2 Autumn View Salem, MA 01970. • Request for a Certificate of Compliance DEP #64-448—Costa Sideridis 14 Buena Vista West Salem, MA 01970. • Request for a Certificate of Compliance DEP #64-132—Tropical Products 220 Highland Avenue Salem, MA 01970. • Review of response letter to students of Boxford Elementary School • Review draft letter to DEP commenting on the possible restructuring of Wetlands Division • Looking for a Commissioner to volunteer to be part of the Open Space and Recreation Committee • Approval of 2010 Meeting Schedule • Page 2 of 2 Please Sign-In Salem Conservation Commission Meeting December 10, 2009 Name Mailing Address Phone Email r. Salem Conservation Commission Minutes of Meeting Date and Time: Thursday, Dec. 10, 2009, 6:00 p.m. Meeting Location: Third Floor Conference Room, City Hall Annex, 120 Washington Street Members Present: Michael Blier, Amy Hamilton, Dan Ricciarelli, Rebecca Christie, Carole McCauley, and Julia Knisel Members Absent: Chairman David Pabich Others Present: Carey Duques, Conservation Agent Recorder: Stacy Kilb Christie calls the meeting to order. 1. Meeting Minutes— October 22. 2009 a. Voting members are Michael Blier and Amy Hamilton. b. Hamilton: Motion to approve the minutes, seconded by Blier. Passes 2-0. • 2. Continuation of a Public Hearing—Reauest for Determination of AwAicability— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a v-notch weir to monitor stream flow in the South River. Applicant requested a continuation to Jan. 14th 2010. 3. Public Hearing— Reauest for an Amendment to an Existing Order of Conditions for the South River Harborwalk — DEP #64-466— City of Salem 120 Washington Street, Salem, MA 01970. The purpose of this hearing is to discuss the change in the anchoring of the new steel sheetpile bulkhead at the western end of the South River from a helical anchor system to steel batter piles. Mathew Taverna, structural engineer from Vine Associates, presents the case for the change in the anchoring system. His firm has run into several difficulties with the existing tie-back • system, including limitations due to stones and other obstructions in fill that was previously placed at the site. This change is also I Conservation Commission January 15, 20109 Page 2 of 13 requested due to budget constraints - Vine Associates will not be able to stay within the quoted price with the current system. Concrete bores were considered, but deemed too expensive. Mr. Taverna feels that batter piles would be an affordable, workable choice that would also fall within budget while having minimal impact on the environment (roughly 2 square feet per pile). Additionally, steel batter piles would still hold in the event that the soil behind them failed. Taverna asks if there are any questions. Blier asks for clarification if the project refers to the western edge exclusively or if it includes other areas. Taverna reiterates that the problems they face are being caused by the vertical installation of tie backs into in this particular area containing fill, so it's the only one to which this change applies. Frank Taormina, harbor coordinator for the City of Salem, clarifies that the bulkhead wall at the end of the river is the only place they want to do this. There are no tieback systems in front of the granite wall. McCauley asks if there were structural issues necessitating • reinforcement. Taverna answers in the affirmative; a new wall is necessary as the current one is too tall to hold without support. Helical anchors aren't practical as excavation is not possible, so the batter pile system is a better option. Discussion ensues about the environmental impacts of the project, driving of the piles, and setup of the project. Frank Taormina asks Taverna to explain the depth at which the steel sheeting will be driven. Taverna says that the elevation will be -35 from mean low water datum; piles will be -36. Both will be to the same depth to allow for good penetration so piles will still support the wall even if soil erodes. There is further discussion about the fill into which the piles will be placed. Some questions about monitoring the piles and who would do that arise. • I Conservation Commission January 15, 20109 Page 3 of 13 Taverna points out that with helical anchors, there's no way to check/monitor them. Steel batter piles can be inspected, on the other hand. Additionally, single ones can be replaced, instead of having to do all of them. Taormina adds that examined with existing technology even if they're 36 feet below the mudline. Parts above water can be inspected visually. Blier asks how he intends to connect to the drainage system. Taormina outlines his plan for weep holes, backfill, and the pitch of the walkway. Duques asks if the walkway Taormina speaks of is located on the Western edge. She says that a drainage system should also be installed along southern side as a component of the redevelopment of 15 Peabody Street. She asks if this is currently being installed. Taormina confirms this. Christie opens for public discussion, then calls for a motion for an • amended order of conditions, keeping the existing special conditions. Duques points out that some conditions have already been met and asks if any others would be appropriate. McCauley motions to issue an amended order of conditions; seconded by Blier. Passes 6-0. No additional conditions were added to the Amended Order of Conditions. 4. Public Hearing—Request for a Determination of Anplicability— Peter and Diane Haywood 3A Winter Island Road, Salem, MA 01970. The purpose of this hearing is to discuss the after-the-fact installation of a boat bottom wash system, proposed on-going site and building maintenance, re-grading activities, installation of a heated concrete footing in the temporary structure, at Winter Island Yacht Yard 3A Winter Island Road. Duques reviews the October situation of the installation of a boat bottom wash system without permits; the Commission asked Peter • Haywood to come before them at that time. Since then, his $200 fine was received. Duques met with Peter and Diane and had them lay out Conservation Commission January 15, 20109 Page 4 of 13 what they want to do within the next 2 years. It was decided that a • Request for a Determination of Applicability was a good place to start. Peter Haywood says that the document submitted is more like a wish list; none of the projects are definite yet. Duques reiterates the need for Haywood to run his ideas before the Commission before proceeding, even though she doesn't want him to feel overly inhibited with his projects. This Determination of Applicability applies to his whole list but is open for discussion. She questions the installation of heated concrete footing because of sediment migration underneath. She recommends erosion control measures. Blier asks for clarification; Duques says it's a Determination of Applicability for all projects listed. Haywood states that the trough is finished but more grading is needed, as well as heat for a structure. This would be in the form of heated footing with buried tubing. Since installation would occur under the structure, excavation materials would already be covered. • Blier asks if re-grading the boatyard is a different matter. Discussion continues regarding site maintenance having to do with both the powerwash collection system and storm surge runoff, as the two are related. Duques states that she walked along the eastern side of the temporary structure - runoff currently pools there until it seeps into ground - and it's closer to the street than to the seawall. Haywood says he re-graded that so it goes more toward street; he also installed a silt fence. Blier asks what is currently done with snow. Haywood discusses location of the snow pile and describes a City catch basin on the property. He adds that storm water runoff is tested to see if there are metals present. Duques asks for a description of the powerwash system that was • installed; Haywood describes it in depth. Tanks would be emptied by Conservation Commission January 15, 20109 Page 5 of 13 • a collection agency at the end of the season, and the system needs to be removable since it is only used seasonally and is driven over at times. Discussion continues with regards to what is contained in the runoff from the boats being washed and what, if anything, was in place before the current system Christie opens for public discussion, and calls for a motion to approve conditions. Haywood agrees to call Duques if he needs more information before completing any work, and she will advise him whether or not to come before the Commission. Hamilton motions to issue the Determination of Applicability and is seconded by Blier. Determination is issued with a -3 with Conditions. Passes 6-0. • 5. Public Hearing— Notice of Intent— DEP #64-495— Harmony Grove Cemetery 30 Grove Street Salem, MA 01970. The purpose of this hearing is to discuss the proposal for continued Cemetery leaf storage operations and install plantings within a Riverfront Area at Harmony Grove Cemetery 30 Grove Street. Will be continued to Jan. 14th meeting. Elizabeth Wallace has requested this continuance. 6. Public Hearing—Reauest for a Determination of Applicability— Palmer Cove Yacht Club 78 Leavitt Street, Salem, MA 01970. The purpose of this hearing is to discuss the construction of a vessel bottom pressure washing, water containment device at Palmer Cove Yacht Club 78 Leavitt Street. Marcus R. Winder from Palmer Cove - member of Yacht Club introduces the project. The Club would like to build a containment system for pressure washing boat bottoms. Winder outlines plans for a concrete pad with a complete containment system that constantly • recycles the wash water it uses. He notes that the Club washes 55-65 boats per season, but they only expect 3-5 gallons of contaminants by Conservation Commission January 15, 20109 Page 6 of 13 the end of each. The current crushed stone permeable surface will be • removed, then stored and finally used again later to re-grade when the pad is completed. This stone will be stored in a shed near the pad site. Winder further describes the system; the existing pressure washer has a 5 gallon per minute output, but the containment system can handle 20 gallons/minute. There is no connection to city water or sewer. Wastes will be delivered to an appropriate disposal facility, and records of this will be kept. Ricciarelli asks.if they are currently washing in this position now. Winder says they are. There is some discussion about how the system deals with rainwater. Ricciarelli asks if the Commission could come view the current Encylon system being used. Winder says it isn't possible at the present, but shows a handout describing the system, which he says is not new technology, having • been used for the past 40 years. There is some discussion about how the pad itself will be cleaned and also about the disposal of contaminants, along with records of the latter. Christie opens for public discussion. Duques reiterates that Winder is looking for a Determination of Applicability; there are no photos of this site, but the Commission can go out and view the property or can issue the Determination now with conditions. One recommended condition: require an 0&M binder be kept on site documenting waste manifests, where and when it was hauled off site and disposed of. More discussion about excavated materials and project timing ensues. Christie recommends a site visit. Duques reminds the Commission that the reason for the Request for Determination is because it's a buffer zone and also because it's the • same idea as at the Winter Island Yacht Club. More filings could also J Conservation Commission January 15, 20109 Page 7 of 13 • be required, but the Commission can implement conditions and still do a site visit. Winder adds that boats are already in storage, a site visit would be difficult but do-able at this point in time. Duques suggests site visit dates but recommends that Commission members go before that date on their own. She suggests a site visit this Saturday (Dec. 12th) and another January 9th. Winder agrees. Duques says she will come down and take photos in case commissioners are not able to attend. Julia, Carole and Amy will do a site visit on Saturday at 9 AM. The visit on Jan. 9th will also be at 9 AM. Rich Morneau, Commodore of the Club, also agrees to the site visit. Hamilton motions to continue; seconded by McCauley. Passes 6-0. 7. Public Hearing—Request for a Determination of Applicability— Dominion Energy 5000 Dominion Boulevard Glen • Allen, VA 23060. The purpose of this hearing is to discuss the installation of a trench drain and catch basin collection system at Dominion Energy located at 24 Fort Avenue within a buffer zone to Salem Harbor. Nicole Wilkinson, Dominion Resource Services. Drainage system improvements are intended for the North end of powerhouse. Area surface is uneven and water pools there; it's currently contained by a partial curb and some hay bales. The area is covered under multi-sector general permit and they do sample. Dominion would like to install a trench to drain this water, then run it through their existing treatment facility through pipes that are already in place Blier asks if both curbing and trench drains are part of application. Wilkinson says they are and they want to complete this project now, before winter. They, would like to grade but can't do it now due to season; Dominion would like to do it next year. The current site presents a hazard in the winter. Some curbing will remain in place, some new curbing will be installed, and a silt fence would be added Conservation Commission January 15, 20109 Page 8 of 13 while the existing fence will stay. • Discussion ensues regarding trench drains, disposal of excavated material, the pumping mechanism, and timing of the project. Wilkinson answer the Commission's concerns, adding that the, drains they plan to install will immediately be hooked up to the system, while repaving will occur next spring or summer to provide a more permanent solution. Duques asks how often the existing system gets cleaned out. Wilkinson says not often, as the tanks are very large. Tanks are inspected monthly and cleaned when sediment accumulates, roughly quarterly. Sludge is disposed of in a regulated landfill. Questions arise about the use of trenches; Wilkinson replies. Christie opens to public discussion. Duques recommends a -3 w/conditions, the main one being the • submission of annual reports documenting the cleaning of the system to the Conservation Commission. She also recommends storing materials outside of the buffer zone and resource area. McCauley asks why the Commission doesn't do site visits. Wilkinson outlines security procedures but state that Commissioners are welcome to visit if they call ahead to schedule an escorted tour. There is a call for a motion to issue a - 3 with several conditions: 1. That annual reports be submitted at year's end 2. Soil from trenching be covered and stored out of the resource area 3. That an 0 & M binder be kept on site. Records used under multi- area permit could be used instead of a separate binder. Maintenance plan will also be there. Dominion should also copy the Conservation Commission on maintenance records. Hamilton motions to issue the Determination of Applicability, a -3 with the conditions mentioned. Blier seconds. Passes 6-0. • i Conservation Commission January 15, 20109 Page 9 of 13 Wilkinson will send Duques an email with dates for site visit. S. Public Hearing—Notice of Intent—DEP #64-494— Shallop Landing, LLC 40 Lowell Street Peabody, MA 01960. The purpose of this hearing is to discuss removal and replacement of an existing storm drain on Szetela Lane in association with the development of a subdivision. John Kelty of Shallop Landing, LLC, outlines the project in question, the development of a 15-lot subdivision and requests the approval of the Commission to install an offsite storm water management system. Also attending are Mr. Singleton, manager of the LLC, Mike Geyser, previous LSP for the City of Salem, and Jim McDowell of Eastern Land Survey, designers of the plan for the subdivision. McDowell outlines the existing conditions of the project; a storm scepter will be placed inside of Shallop Lane. Maintenance will be paid for by the homeowner's association. He also outlines the installation of a tide gate that would prevent the tide from coming back into the • system; he stresses that there is currently no tide gate installed. Alteration of the beach will be avoided by pulling the pipe back from its present location. McDowell outlines the items that Duques has set forth regarding proposed outfall, tide gate, and the storm scepter along with its maintenance. He reviews the structure of the development and describes the buffer zone. He also goes over the DEP's comments regarding storm runoff and groundwater filtration. Rain gardens were not proposed as the soil is not amenable to them. The system's capacity is also described. Duques questions snow storage; McDowell describes the area and says it would be hauled offsite in a major storm. Mike Geyser describes the soil on the site. It was previously industrial, so there is still contamination present, though not all such areas have been identified. The plan for containment is to lay down a barrier, then place a layer of soil over it. Activity and use limitations would also be put into place. Geyser outlines the (10-year-old) DEP policy on such sites, which is to • not do anything that would exacerbate the condition. In this case, ry Conservation Commission January 15, 20109 Page 10 of 13 surface water would be directed through catch basins, the flow off-site • rather than infiltrating. This will only occur with runoff from paved areas; landscaped areas will absorb rainfall into the subsurface. Roof water will also be directed to the drainage system. Duques questions and Geyser describes the activity and use limitations on the site. He clarifies that the goal is to prevent direct contact with the contamination; this protection is provided by the 2' of soil on top of a snow fence barrier. Slabs, not basements, under the houses along with paved driving surfaces also provide this barrier. Discussion ensues regarding curbing, landscaping and erosion control measures. There are also questions about the timing and permitting of the project. A site visit is scheduled for 9:30AM this Saturday (Dec.12th) The focus of the visit with be on the outfall pipe; McDowell describes its location so the Commission can find it. Duques will check tide schedule for the Jan. 9th site visit for those who can't make it there Saturday. • McDowell states that he will have the plan changes done and given to Mr. Knowlton by the next Conservation Commission meeting. Christie opens for public discussion. Blier motions to continue, seconded by Hamilton; passes 6-0. Carole McCauley & Michael Blier leave the meeting. 9. Old /New Business Request for a Certificate of Compliance DEP #64-398—Costa Sideridis 2 Autumn View Salem, MA 01970. Duques states that the actual development is different than what was approved. Regarding special conditions, some have not been met, such as the installation of City of Salem Wetland Resource Area markers. The property owner is requesting this Certificate now because of the timing of his refinance. It's very last minute as the original order, issued in 2005, has expired. It appears that more work • is to be done and Duques would like more information. Conservation Commission January 15, 20109 Page 11 of 13 • Christie suggests asking him to come to January meeting, and asks if the same thing happening with other property in question (see next item). Duques says no; the other project was completed as approved. The Commission agrees to ask the homeowner to attend the next meeting on Jan 14t . Duques points out that Wetland markers must be installed. The Commission confirms the request for the owner to attend the Jan 14th meeting and approves 14 Buena Vista site (as referenced below). The purpose of having the owner present at the next meeting would be to have him explain the additional work and his failure to follow the original plan, as well as his failure to install wetland markers. Hamilton motions to continue, seconded by Knisel; passes 4-0. Request for a Certificate of Compliance DEP #64-448—Costa • Sideridis 14 Buena Vista West Salem, MA 01970. Duques reiterates that the project was completed as approved in 2007 and recommends a full Certificate of Compliance. Hamilton motions to issue a full certificate of compliance, seconded by Ricciarelli; passes 4-0. Request for a Certificate of Compliance DEP #64-132— Tropical Products 220 Highland Avenue Salem, MA 01970. Duques explains that two ancient Orders of Conditions are still open for this site. They date to the 1986 construction of the parking lot and installation of two catch basins. The owner insists that cleanout of the basins is not needed, as they are checked each December. He will be coming before the Commission in January for a 2nd order for wetland replication. He needs to remove the silt sock, before the Commission will issue the Certificate of Compliance for this 2nd order of conditions (wetland replication). The owner is also requesting a Certificate for the catch basin and • parking lot work. He has been in full compliance on those issues. Conservation Commission January 15, 20.109 Page 12 of 13 Duques recommends a granting of the full Certificate of Compliance. • Hamilton motions to issue a full certificate of compliance, seconded by Ricciarelli; passes 4-0. Review of response letter to students of Boxford Elementary School Three letters were sent to the Commission regarding vernal pools & asked why Salem only has three of them; Duques has drafted a response. No action has been taken to certify vernal pool on Clark Ave. Duques questions if this is a possible project for the 6th graders J who wrote the letters? Duques will email a final copy of her response letter to the Commissioners. • Review draft letter to DEP commenting on the possible restructuring of Wetlands Division Julia Knisel recuses herself from the discussion. Duques outlines the DEP's plan to remove the ability for people to • appeal Orders of Conditions directly to the DEP; this would directly impact the Conservation Commission and would overburden the court system. Duques is currently reviewing MACC comments. Some suggestions by Commission members include paid arbitration or mediation before going to court, or possible summary judgment should this plan go through. Duques will edit the letter and will email the Commissioners a copy of the final letter. • Looking for a Commissioner to volunteer to be part of the Open Space and Recreation Committee Duques explains that Michael Blier volunteered for this position prior to leaving the meeting. The Open Space and Recreation committee's action plan must be updated by Feb. 28th. Christie would like to attend a public hearing on the matter next month. The Committee will meet again in February to issue a final plan. Approval of 2010 Meeting Schedule Meetings will occur the 2nd and 4th Thursdays of each month, except • Conservation Commission January 15, 20109 Page 13 of 13 for some Jewish holidays in Sept. There is no meeting in August and only one in November and December because of holidays. A vote to approve is passed by all. Hamilton motions adjourn, Ricciarelli seconds. Passes 4-0 •