Salisbury Conservation Commission

Meeting Minutes

April 7, 2004

Members Present: Iora Alexander, Rick Whaley, Patricia Fowler, Jane Purinton, Thomas Hughes and Kevin Avery

Members Absent: None

Meeting Opened at 7:15 P.M.

Minutes of March 17, 2004

Motion by IA to accept minutes with correction that Kevin Avery was present.

Seconded by KA. Vote – 5 in favor, TH abstained.

Building Permits:

Request by Phillip Doyle to sign building permit for 244 North End Blvd.

Motion to sign by KA.

Seconded by IA. Vote – unanimous.

Request by Michael Wolpert, to sign building permit for 4 Liberty Street DEP #65-607.

Motion to sign by KA. Seconded by IA. Vote – 4 in favor, PF abstained.

Vote – KA, TH, IA, JP

Request by Timothy Welch to sign building permit for 25 March Road.

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

Public Hearing: NOI, Christopher Peters Trust, 109 & 113 Rabbit Road

Michael Seekamp acting for Mr. Malonas, Trustee. Originally did delineation four years ago. Surveyed by Hancock. MR reviewed survey and delineation. Chris Peters has potential for new lessee. Mr. Cakras agreed to share cost. Plan follows recommendations made by MR. MR reviewed site last week. Overall factors honor 25 foot no disturb zone – zone previously had been disturbed. MR based her approval on wetlands delineation. Lot of disturbed soil is eroding able. Monitor delineation 25 foot no disturb zone on site and restore all areas – stabilize all soils disturbed. Compensate previous disturbances – in addition – one area a lot wetter as gesture of compensation – 6600 sq. feet leave trees, remove loam and let become wetland. Site restored to original. To further protect resource areas

berm around entire area of wetlands outside 25 foot no disturb zone. Proposing swale so that water does not flow directly into wetland. Two detention basins. Planting plan includes shrub and trees currently found in this area. Extend no disturb zone to be over 25 feet so to leave trees. KA asked is soil would be stock piled on site? Answer by Mr. Carkras – yes. TH asked about screening and was told that screening was done off site. IA asked if retail business? Mr. Carkras said it would be wholesale.

No paring on site. IA said that the front areas are very muddy – trucks going in and out how will this be handled? Answer – crushed stone. KA asked about the buildings – are you going to use? JP said looks like they are ready to fall. TH said what kind of soil are you bringing in? Regionally. Mr. Carkras said form all over – all tested soil may be from high schools hat are going to artificial turf so they need to strip loam. Yard waste compost using. Mr. Carkras said he had two other locations. JP said no big heavy equipment. RW how far away are stock piles? MS said 25 feet plus another 20 feet. RW – did MR give response? MS – said yes and have addressed. TH said if too closed you will have stuff blow or torrential downpour and it will wash into ditch. TH would like to see plans have where stock piles will be, if 20 feet more than the 25 no disturb. TH concern about bringing in material contaminants. Mr. Carkras said that would be his loss. TH annual basis – where soil will come from. RW – MR letter – final grading plan, etc. all provided to her? KA accepts plan provided MR’s comments have all been addressed. TH includes delineation on plan for final storage.

Harold Nabhan, Enforcement Order

Neil Harrington, Salisbury Town Manager

Addressed board stating that he was here to rectify situation due to the misunderstanding between Building Inspector and Conservation Commission. Mr. Nabhan was ordered to emergency repair by Building Inspector and then was issued an Enforcement Order. Fine remains unaddressed. Here to get resolve and sure Mr. Nabhan will be willing to pay something. Problems fixed and would kike to get matter of fines resolved. Asked to do something about fines. Mr. Harold Nabhan – Conservation Commission knows back ground. IA said she was not on board at the time. JP concern that letter or two sent and asking you to come in and address but was ignored. Mr. Nabhan – said there was a family ordeal – and would have been tacky to say so at that time. Realize board would remit $500.00 in exchange for simple release. TH not on board – big mix-up. Order of Conditions approved but not issued because fines not resolved. RW said he would like to see fines go into special fund. RW in addition to what appeared as flagrant disregard to conservation Commission – Mr. Nabhan said Doc Wheeler said you are almost done so go ahead and finish. RW you understand by ignoring once again the Conservation Commission…

KA said goes back through records and charge Mr. Nabhan those costs. TH would like to see the actual cost incurred by Conservation Commission. KA – MR cost and administrative cost – money be put into fund it came out of. Unanimous. HN said can not give open ended O.K.

Public Hearing: NOI, High Fields Realty Trust, 148 Lafayette Road

Represented by Apple Engineering

Original plan additional fill to be brought in – have revised plan to use fill on site – give the site a 2% grade. Top soil to cover and seeding. Only soil. Proposed closure of gravel pit – grading somewhat level. 3 to 1 slope. Seeking Conservation Commission approval. RW asked date of plan? Date of plan is 3/23/2004. RW asked if copies had been forwarded to MR? Apple – yes. KA made a motion to continue hearing to get MR’s comments. TH asked status of DEP action on site regarding the material that was brought in and to get their comments on plan before work is done – plan will go to DEP fro approval. Jeff Roeloffs said DEP is waiting for Town approval.

TH asked Jeff Roeloffs it there was any plan for development? Any blueprints for development? Jeff Roeloffs said no conceptual plans for housing or anything. IA asked what is the response to it being an athletic field. Jeff Roeloffs said it was not suitable. TH said he was interested in comments form DEP in advance. Would like to see what DEP thinks of four inches of top soil. KA said he would like to amend his motion to get comments from DEP. KA said asking for DEP’s comments to approving grading plan proposal. KA continue based on review by MR and letter on finding from DEP regarding grading plan. Seconded by IA. Unanimous.

Public Hearing: NOI, Katherine Gagnon, 291 North End Boulevard

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

Public Hearing NOI, Wayne Downs, 115-121 Bridge Road

Represented by Jim Babbin – Revised plan. Discussion on paving – building shifts so that everything is outside 40 foot no build zone. Joe Serwatka reviewed drainage plans. Bufer planting plan is revised and some of the see mixes. Silt fence shifted outside the planting area. Snow storage area could have berm. Berm – around snow storage area. RW asked is MR waiting fro revised plans dated 4/2/2004? KA asked if everything is addressed – berm for snow storage added to the plan. RW suggest final approval from ---KA made a motion approve based on MR and Millennium touch based – berm put around snow storage area. TH asked if all plantings were native species.

IA asked if this site is paved or is it gravel? JB --- paved! RW said because of PB engineer had to pave. Vote unanimous.

Public Hearing: NOI, Bradley Kutcher,Falling Leaf Realty,LLC.,OffFerryRoad

Represented by Cammett Engineering, Fred Ford.

Initial presentation. 40 B Comprehensive Project – 16 acres of land. Wetlands on site. Glenwood Avenue and Robert Road- 100 foot buffer zone at wetland acres. 52 Condo units. Road way off Ferry Road into project. Small road off main road. Impacting 200 sq. ft. wetlands. Replication 400 sq. feet of wetlands. Some areas 100 foot buffer zone. Storm water delineation basins. Project went through ZBA and was reviewed by Weston & Sampson. This plan was suggested by consultant. Updated drainage plan. Inspection of basin/swales. Detailed master inspection.

IA said abutters had questions. Craig Weir – abutter asked FF have you been out there this week? Should leave wetland the way it was.

RW said he wanted the comments by Conservation Commission first.

KA – asked pier review? Weston 7 Sampson reviewed regarding Conservation Commission issues? LP said Weston & Sampson reviewed the original for ZBA – at last meeting Cons. Comm. agreed to get Weston & Sampsons review. TH asked about rare wildlife?

Abutter Douglas Eaton, 46 Beach Road – Question regarding pond? My mother’s property abuts pond. Is storm water basin going to but water into pond? Roberta Trainer, 90 Ferry Road

RW asked Mr. Weir if in fact this was his picture of pond and to please show on map where the photo was taken. (Photo of canon on pond with people paddling) Mr. Weir said this property floods. Mrs. Trainer, 9 Ferry Road stated that they do have a pond and if applicant does what this plan proposed then she will be flooded out more. FF said your property is draining towards pond. Abutter Hugh Weir – said that a four wheeler got stuck right out behind my house the previous night. He himself has been pumping since Thursday night because of water. When high tide comes I have three inches of water in my basement. You are 15 feet off my property line, where is the water going to go? I have a lake. If you are only 15 feet from my property line where is the water going to go. IA said to FF are you saying that the water coming off your project isn’t going on to his?

Abutter, Donna Pedrone, 6 CCC Road

Storm water management plan being approved by the board. Last meeting you said you were bringing in fill – building houses up and building road to higher elevation? FF said grade around the units is draining swale. DP - Thought water was eventually being drained to ocean? FF said eventually yes. Ms. Pedrone – how can you say not flooding neighbors? If house are already flooded – you are adding more water. FF Storm water management – was reviewed by Weston & Sampson. TH asked to what extent we need for additional review. We wouldn’t approve this if going by Town Bylaws – does have adverse impact on our resource areas and with high water table you cannot predict how much and where draining. TH motion to continue – obtain Weston & Sampson report – think MR was thinking in too narrow a fashion on impact of wetlands. Weston & Samson review and suggest when they should go with us. KA – project due to the size we need to have Mary Rimmer and Weston & Sampson attend meeting. Abutter Douglas Eaton----IA said we are at a point where we need to have MR review. RW said abutters are not done yet. Abutter Craig Eaton – man made ditch that is not open – what if it is opened up. Could Conservation Commission walk land? FF said will have Weston & Sampson review and be prepared to come to the next meeting. FF said he would fax over to Lisa. RW said we have received MR report. TH include that in the record. IA motion to continue to 4/21/2004 and have MR and Weston & Sampson present if they have had a chance to review. Seconded by JP. Unanimous.

Public Hearing: ANRAD, Myrna Davis, 54 Beach Road

Represented by Pat Seekamp.

Wetlands as well as delineation . Front is on Beach Road. Large red maple site, historical disturbance through years of abuse – agreed to have MR review site – 3/21 and 4/5 review wetland flag area. MR prepared moves of E4 and E11 flags increasing wetland area. MR added several new flags also. MR had issues with A1 – 1 flags which were addressed. Q at last meeting regarding drainage. Mr. Seekamp found PCV pipe from neighbors draining onto 54 Beach Road property which was plugged and once unplugged water gushed out. Intermittent stream there – MR river letter – says satisfied that it is stream and is not a river. Abutter has a problem with stream – never seen dry. Only in 1999 when beavers had great brook dammed up. Pat Seekamp – has seen stream dry. Pat Seekamp said culvert drains down beach road. Decision by Conservation Commission this is intermittent stream. RW said consultant addressing issue that stream was not a river- that is the only issue we are addressing. TH asked if the area was previous reviewed and determined not to be a river. TH said he would like to have MR clarify stream or river. Pat Seekamp – DEP says 4 consecutive days of dry – credible evidence. I have personally seen dry – some evidence dry – DEP grappling with whether water shed size and soil analysis determines whether or not perennial stream. WE have two credible Wetland Scientist that agree. IA asked since the beavers are causing problem, can they be relocated? PS said adult beavers kick their young out. TH think we should find out additional information is needed. RW motion- TH motion. JP asked PS is MR will be here next meeting? PS said he didn’t see why additional information is needed.

IA made a motion to approve plans – based on recommendation of MR - accept her determination. Seconded by JP. Vote: TH and PF abstained. KA opposed. IA, JP, and RW in favor. Motion carried.

Public Hearing: NOI, PMBTM, 11 Railroad Avenue

Represented by Pat Seekamp

Plans passed out for 11 Railroad Avenue, Ocean Echo Condo for narrow strip of land – Mulchay owned. Strip part of amusement park – rough back lots like along parking lot edges. Best utilization is to develop walk way for residents in condos. Cabana, walkway, cedar slotted wood walkway laid on crushed stone base – nice and neat contained– lattice fence, locked gate on ocean area.

Foot rinse – nice addition to area. Also re-vegetate – shrubs, etc. That is the proposal.

JP what about the very bottom of fence? Applicant – does fence have to be flow through? Answer – yes 50/50 flow through. IA buildings in front are solid. TH which species are native? PS sad rogossa rose, beach plum and everything selected is native and salt tolerant. KA made a motion to approve provided fence must be 50/50 open space. Seconded by TH. Unanimous.

Public Hearing: NOI, Louis Minicucci-Suffolk Realty Trust, 79 Atlantic Avenue

Represented by Ron Laffely

Crushed stone under building – meets all set backs. TH talking about putting down pavement. RL said it has paving now – cutting it down to 20 feet. IA drove by couldn’t imagine 4 units. TH how many stories now? RL said 1 ½ stories now. TH going moiré than double!

RL planting American beach grass, Lagos

Abutter Francis Fiorenza said correct Mr. Laffely – Planning Board not approved. Part of pavement will cover beach grass. Abutter Mike Kealey said you can talk about beach grass but I am concerned about dunes and beach grass. IA point of clarification. This is where beach grass is. IA lines of proposed – is that in line with your house? RL said yes. RW motion to look at site. TH motion to continue and provide – pictometry shots. TH needs to get pictometry to show whole site. RL would like to grade. Seconded by JP. KA pertaining to parking? RL explained – reducing paving. Vote Unanimous. Site review set for Sunday 4/18/2004 at 4:00 P.M.

Public Hearing: NOI, Marilyn Trebach, 438 North End Boulevard

Represented by Fred Ford

Wood Piles. Single family house replacing single family house. Raze building – building debris to be taken out of town. TH what about parking? FF said there is existing parking.

JP asked exact same foot print? FF said yes. IA made a motion to accept plan for 438 North End Boulevard for demolition of single family and replace with single family. Seconded by JP. Unanimous.

Public Hearing: NOI, Beverly & Joseph Keene, 29 Commonwealth Avenue

TH motion to continue to 4/14/2004. Seconded by KA. Unanimous.

Motion to adjourn meeting by KA. Seconded by JP. Unanimous.

Meeting adjourned at 10:15 P.M.