Salisbury Conservation Commission

Meeting Minutes

January 7, 2004

Members Present: Morton Wheeler, Iora Alexander, Rick Whaley,

Pat Fowler, Thomas Hughes and Kevin Avery

Members Absent: Jane Purinton

Meeting Called to Order at 7:20

Building Permits:

Request to sign building permit by Ron Laffely for 13 11^th Street.

Motion to sign by Rick Whaley. Seconded by IA. Unanimous.

Request to take business out of order –

IA motion to take business out of order. Seconded by KA. Unanimous.

Business of Lawrence Palmisano represented by Robert Palmisano. Lisa Pearson said she spoke with Mr. Perkins at the DEP and he said that everything was in order for final approval by Mr. Perkins.

Conservation Commission will issue Order of Conditions after comments are received from DEP – then eventually the Certificate of Compliance. Representative said DEP reviewed and everything was o.K. – Letter requested from DEP.

Letter needed from DEP saying everything in order and then Commission will issue the Order of Conditions.

Kevin Avery made motion to lift enforcement order. Seconded by IA. Unanimous.

KA made the motion since due diligence has been shown so fines can be lifted. Seconded by IA. Unanimous.

Chairman told residents present that there has been request for continuance for several Public Hearings and will vote on – to allow anyone present for those hearings not to wait if they so choose.

Public Hearing: NOI, Brian & Joanne Short, 82 & 84 Bridge Road

Request for continuance.

KA made motion to continue to 1/21/2004. Seconded by TH. Unanimous,

Public Hearing: NOI, Albert Johnson, 46 Toll Road Extension

Request fro continuance.

KA made motion to continue to 1/21/2004. Seconded by IA. Unanimous.

NOI Christopher Peters, 109-113 Rabbit Road

Request for continuance by Chris Peters

KA made a motion to continue to 1/21/2004. Seconded by IA. Unanimous.

NOI: Richard McQuire, 88 Ferry Road

Mr. McQuire said that he had requested a letter from BOH – Mr. Baxter and there has been no response. LP said that they could have someone go out and fail system. LP said we were waiting to be sure that the system failed. TH said there was no alternative for site so we need letter to assure system has failed and have no alternative. Mr. McQuire said system needs to be raised up. Representative said he has no letter. Continue to 1/21/2004.

Motion to continue by KA. Seconded by IA. Unanimous.

Two alternatives – letter from BOH or hire someone to check system.

NOI: Ray Grasso, Forest Road

Representative said he has received DEP file # with comments saying that if approved as planned then they will intervene. DEP said they would allow work for house but no back yard. Rep spoke with Jill at DEP and was told that there was too great of an area being altered. Their primary concern was wetlands filling – they have reduced area and copy of plans must be attached to the Order of Conditions copy being mailed to the DEP when issued. Representative said that Mary Rimmer was concerned with Rivers Act - LP very helpful – lot preexisting before 1996 and is not subject to the River Act Law. Revised – 1987 – nothing recorded because never deeded out. LP spoke with previous Assessor and lots since 1987 and billed as lots since 1987. If subject to River Act – one part alternative analysis needed. Representative Millennium 230 ft. impact on River Area. 100 year flood elevation 9. Mary Rimmer asked for elevation. DEP says less alteration. Mary Rimmer’s concern – sewer lines and water lines – 3 feet in ground with pipe for sewer line. Rep stated that he was hopeful that he had addressed DEP and Mary Rimmer’s concerns. KA stated that he feels that the issues have been addressed. IA said asked size of trees? Rep said that with new planting schedule and buffer added – planting blueberries or dog wood trees. TH said that they need to deal with 25 foot and 40 foot setbacks. TH asked the number of sq. ft. of wetland within the 25 foot set back. Mr. Babbin said he would guess maybe 2500 or 2000 sq. ft. KA said from his standpoint he would be more inclined to let this plan go instead of the previous plan which was submitted. TH said 25 ft buffer compromised. Concerned about setting precedent of allowing this. Trying to find a way to look at. KA back to Bylaw adopted everyone on board knew that there would be some lots that world not quiet meet setbacks. TH if you come 5 feet towards street. KA said I do not think we should put these people through this. RW – asked what is the replication formula? Mr. Babbin said 1:2. RW – said Mr. Hughes this sounds like a good idea – we are getting 1:2 instead of 1:1.5 you were proposing. TH what if we call it 1500 and add 500. Mr. Babbin said he could figure out area exactly. TH said then 950 sq.ft. Are being replicated. TH if all wetlands within 25 foot zone – mitigate than we have room in back for wetlands. Motion by KA to approve plan as presented. TH said 700 feet considered mitigated. Seconded by IA. Unanimous. Copy of plan must be sent to DEP.

Public Hearing: NOI, Gary Jaffarian, 8 Poor Farm Lane

Representative – Bill Decie said he had submitted information regarding type of materials to be used as requested. Using fiberglass. Proposing landing and gang way platform in upland. 96 linear feet. RW said minutes asking how and when and info says spring and fall. Bill Decie said pre existing floats.

TH said there were no pictometry photos in packets – had asked LP for them to be mailed.

TH said he would move to take up this hearing after the next hearing. Seconded by IA. KA abstained.

Public Hearing NOI, Phillip Doyle, 244 North End Boulevard Mr. Doyle – site visit. RW was given photos of steps. Stone steps are under sand at present. IA coming out further with deck or room? IA said that the concern was that it does not extend out further than neighbors and appears it does not go out any future than what was originally there. TH said even without step we can approve. RW looked like they too off a piece and never replaced. TH once the stairs are gone they cannot be replaced. Mr. Doyle said he had one more issue regarding non-conforming fence – plan to replace – house directly behind – request to put solid fence so that sand does not build up against house. Mr. Doyle – thinking to be neighborly so neighbor does not have to constantly have to shovel sand. RW just will have to shovel sand and put back on beach. Mrs. Doyle – where do you put sand when you wheel barrel it? RW said put where dunes are usually at dip in dunes. IA asked if we were doing separately. RW you know we put I special conditions all the time. TH could be a concern to neighbor - so we should be very careful. Public at large will not be concerned but neigh ors are. Want to make sure neighbor know that we are taking up issue of fence. TH said I think it would be the intent to notify abutters. Motion by TH to table and ask that neighbors be notified. Cost born by applicant. Seconded by IA. Unanimous. Continued to 1/21/2004,

RW told applicants to provide notice to neighbors so they know about fence. TH said as far as original – all abutters. TH said notify abutters you changed plan and what you are doing.

Public Hearing: NOI, Gary Jaffarian, 8 Poor Farm Lane

Continue hearing.

TH to LP – it is in the minutes – I asked for pictometry photos of site. LP said you have the same thing in your packet. TH said no they do not show much detail. Pictometry 2002 versus 1967 photos. TH if there was a problem getting then you should have said. PF asked how much time do you have to spend on Board? PF said it would be prudent for TH to go to the Town Hall. TH said pictometry photos show much more detail. TH said it takes only 5 minutes. LP said that is not a true statement. TH said request is in the minutes. IA I have no problem going into Town Hall. IA said lets not hold this up. RW – motion.

Motion to approve by IA – Gary Jaffarian, 8 Poor Farm Lane for private marina contingent on Waterways approval and done on existing railway – cradle 30 feet. RW asked what upland area was like? Not talking about pulling boats in wetland area. Bill Decie said no.

Seconded by KA. TH contingent on approval of application of Chapter 91. Vote RW. MW, IA, KA approved, PF abstained and TH opposed.

Original Order of Conditions to be mailed to Bill Decie.

NOI: Katherine Gagnon, 291 North End Boulevard

Applicant said representative was not here. Request is for new single family dwelling on pilings. TH we have 40 foot setbacks for no build. PF 40 foot/25 foot for all lots not just new lots. TH Bylaw does not say just for new lots. They are tearing down so rebuilding. KA plan is further back towards marsh and in the past we have not allowed. TH actually we…..RW set backs? TH plans leave out information. 1. No clear picture of setbacks. 2. Whole structure encroaching on wetlands. TH motion to continue to 1/21/2004. RW reason for – all agreed things take on lot by lot basis. TH nothing increased further than exists. Place things back where previous structure was. KA not saying same size but not further back towards wetlands. LP – material for garage floor? KA 50/50 open space. IA doors not coming down all the way to ground. RW are we going to go back to all people that have doors that go all the way down? KA 50/50 around outside. W we need to be of one voice. IA inconsistencies all around. Seconded by KA. Unanimous.

NOI: Wayne Downs, 115-121 Bridge Road

Represented by Mr. Bobbin. Representative said he thought he would have been on Planning Board agenda first but Conservation Commission agenda instead.

Mike’s Package Store. Buildings in various state of disrepair. Paving – says gravel on plans – but to be changed. 2 or 3 stages. Kairos flagged. PF how will building be demolished? Mr. Babbin said go in all buildings and make sure clean of all lead paint. IA asked any plantings. Mr. Babbin – because of State highway – no plantings in front. Mr. Downs has not made up his mind. Mr. Babbin said manholes need cleaning – private cleaning – deep sumps. TH isn’t better to have all gravel? TH planting in buffer. BD – wetlands – combination of cattails and loose strife – a swale runs up behind Gallagher’s – no vegetation in bottom of swale. TH motion to continue. MR to review and Engineer review in respect to wetlands. KA if J. Serwatka is not reviewing – send to Matt Brassard – if Joe Serwatka does not look at. Unanimous. Fax to MR request.

NOI: Sarah Eastman, Lot 11 Meadowbrook Estates

Represented by Mr. Soucy

Kairos resource delineated at time of original plan. Plans – show buffer, wall. BOH – pit wall back. KA why is outline so dark? Representative Soucy – that is erosion control. IA what kind of wall. Mr. Soucy said versa lock wall. PF no wood or pressure treated? Mr. Soucy said no. KA asked if there were any abutters present – come up to look at plans. Yes – come forward. Five abutters. Abutter – why are we here? RW for you comments and a chance for you to look and say if you think there will be any adverse effects. Abutter said it holds water and will run into abutter’s back yard. Afraid that if you fill wetland you will flood other people abutting. RW said to Mr. Soucy that it sounds like you are saying to abutters that system was previously approved and in fact this is why they are here – has not been previously approved. Mr. Soucy explained plans to abutters. Abutter said they will be getting flooded out. Mr. Soucy said they are not displacing water, so everything will absorb. PF said water gushes across the street – at present. PF asked if abutter has had nay improvement since the plan was approved? Abutter said no improvement – have been flooded around house. KA asked this whole area now gravel? No fill. KA will not realize any improvement until grass is in. PF asked abutters – have you been in touch with Don Levesque? Abutters answered yes. TH said he was looking for existing contours on plan? Mr. Soucy said they would not show up on two foot contours. TH asked septic system – going to grass over area? Mr. Soucy – once they add lawn there will be substantial improvement. Mr. Soucy – speaking about this particular lot – your impact should be net zero. Right now we have shrubs and once removed and lawn added impact net zero. Abutter concerned about flooding. TH once you put in grass it will slow run off. TH should get less run off once lawn is put in. Abutter concerned about run off still. IA concerned about gullies. Mr. Soucy abutters should check with Planning Board about the performance bond. Performance bond was issued and could use bond to fix problems if not corrected.

KA made a motion to approve provided applicant includes infiltration system for roof run off. Seconded by TH. PF asked if MR had reviewed? LP said subdivision was reviewed by MR. TH said good plan and fact he has agreed to drainage. Unanimous.

Infiltration system to be put on AS Built Plan.

Motion by KA to add this condition to the Order of Conditions.

Seconded by TH. Unanimous.

Ron Ouellette, 75 Railroad Avenue – Request of Certificate of Compliance

KA made motion to approve Certificate of Compliance for 75, Railroad Avenue

Seconded by IA. (10X12 Deck) Unanimous.

Other Business:

Resident – Ms. Dorothy Cohen, 114 Elm Street

Ms. Cohen said she was flooded out by neighbor – due to his filling land. Neighbor runs Fish & Tackle business. Ms. Cohen said she had spoken to neighbor – Mr. Nichols – nothing done.

RW said he went by property- there was some snow on ground but there were piles of fill setting there waiting to be spread. Ms. Cohen said land has been filled in so that it is now higher than her land – much higher. Used to be pond in back of SPS now all filled in. LP said it definitely looks like it may be wetlands. Ms. Cohen said she wished someone would come and look at how much higher neighbors land is now. Swale behind every ones house is now filled in. Ms. Cohen said that while children were growing up they used to be able to skate in back of houses due to swale. PF said she remembered the lot and remembered there being a swale there. KA said he needed to step down because of conflict (employer’s business mentioned by Ms. Cohen). Ms. Cohen said neighbor had filed with the ZBA. TH connected. TH said you should have a dry cellar. TH said the flow is from you to towards town. Ms. Cohen said neighbor just filled and filled all summer. TH asked all within last year? Ms. Cohen answered yes. TH said this is a case where micrometry pictures would show. RW said write letter? PF made a motion to send Enforcement Order. Seconded by IA. Unanimous. RW said send Enforcement Order and copy to ZBA. Pictometry photos – old files needed.

Meeting with CZM

LP said meeting to be held 1/8/2004 at the EOC and recommended members attending.

Municipal Maps

LP said digital – no change if put on CAD.

TH said start by requesting copy of final plans on CAD – if willing to do this we can make it a requirement.

RW asked if there was any urgent business?

LP said 479 North End Boulevard – Order of Conditions says no pavers, no shed in marsh. Motion by IA to send Enforcement Order. Seconded by TH. Vote 4 in favor. KA & PF abstained.

Robert Cibene, 107 Forest Road

Sign Order of Conditions.

Dan Wilson, 82-84 Elm Street

Receipt of Recorded Order of Conditions or we will record new Order of Conditions.

Motion to adjourn by PF.

Seconded by IA.

Meeting adjourned at 10:10 P.M.

Minutes approved February 4, 2004