March 3, 2004

Salisbury Conservation Commission Minutes

July 7, 2004

Members Present: Rick Whaley, Jane Purinton, Pat Fowler and Iora Alexander

Absent: Kevin Avery and Thomas Hughes

Meeting Opened at 7:15 P.M.

Minutes: Not voted on

Building Permits:

Request to sign building permit for 44 North End Boulevard, Mrs. Viti.

Motion to sign by JP. Seconded by IA. Vote unanimous.

Public Hearings: Thomas Leonard, 426 North End Boulevard

Represented by Mr. Seekamp of Seekamp Environmental

Additional information – CZM Katherine Glenn impervious surfaces. Originally proposed enclosed garage, now proposing garage on pilings with lattice work around bottom and with utility room enclosed. Existing garage – issue – walls on pilings with lattice work 50 % permeable. IA garage – is garage on left and entry on right? IA two car garage. Mr. Thomas said one car garage. RW elevation at the moment? MS said elevation is at 15. No change in elevation. JP originally garage was solid walls because….IA gravel floor? MS said he would like to keep what is there. Which is a slab. Mr. Thomas said existing concrete slab. In two garages would kike to put in permeable pavers. JP pavers are on the pricy side. Mr. Leonard said yes but trying to do what town wants. IA pavers over time compress – over time. Could we have crushed stone? MS improvement over existing conditions. LP – CZM does not think pavers are an improvement. LP asked CZM for their opinion. CZM states pavers not an improvement over concrete. JP am I correct that we have been allowing pavers for the last two years? PF answered, yes. RW read CZM’s letter regarding pavers – that they can compress…. Letter in file. LP said CZM does say not an improvement over concrete. MS said remove asphalt and replace with pavers. LP can close public Hearing – and make a decision – you have 30 days to make decision. Mr. Leonard said he thinks pavers are less compressible then concrete. MS 30% void in pavers. RW free standing garage? MS reconstruct and change, turn doorway. MS tear down, reconstruct, with entrance on other side – and rising up on piles. RW in terms of pavers – travel path if you prohibit pavers – basically where cars drive. If you have a travel path that is where it is s…..? If you say pavers aren’t good – denying r……drive way, it is different from parking lot. JP – make decision tonight. JP a lot has gone on over time and things are going to be changed. MS CZM points out it is a recommendation and Conservation Commission needs to make the decision. Ron Laffely – that is correct – pat compacted over time – but you have all other area. JP said a year and a half you could use pavers. Motion by IA close meeting and discuss use of pavers among board and come to decision tonight. Seconded by JP. Unanimous. IA motion among suggested material pavers will be permitted – gravel, clam shell, pervious pavers. JP cobblestone or brick walk ways? IA do not….JP said slate pavers? IA motion to approve 426 North End Boulevard conditions include garage be on pilings with lattice – garage under house has lattice. Material used under to be permeable pavers. Turf stone pavers and be filled with sand. PF stated that crushed stone may bread pavers. LP have them submit specification for plan. IA Amended plans must be submitted to Conservation Commission. Seconded by JP. Unanimous.

Public Hearing: RDA: Anne McLaughlin, 262 North End Boulevard

Motion by IA to continue to 7/21/2004. Seconded by JP. Unanimous.

Public Hearing: Thomas Burke, 4 5^th Street

Represented by Ron Laffely – now 1 ½ stories and are looking for a 2 story house above the flood plane. Site is elevation 8. Work done away from marsh, storage, utility down below – addition to be put on piles. All surface on site pervious – not being changed. JP with addition etc., will this increase value more than 50 %? RW – read letter from DEP regarding issues that DEP has with it being over 50% increase in value. RL stated that he had not received letter from DEP. RL would like input and come back. LP – DEP is asking for more information. RL said they would do this but he hasn’t received letter from DEP – the DEP File # letter. RW plan? RL taking garage out to compensate for putting piles in. (DEP file letter needs to be addressed by applicant). LP asked are you amending Millennium’s plan by adding info? LP my concern is this Millennium’s plan by adding stuff? There are concerns over the last couple of meetings – we need to have what is existing and what is being proposed. LP no name on site plans. RL plans that are edited have name removed. Motion by JP to continue T. Burke, 4 5^th Street to 7/21/2004 at 7:15 P.M. Seconded by IA. Unanimous.

Public Hearing: Richard Monahan, 479 North End Boulevard

Represented by Carr Reasearch Laboratory, Inc., Environmental Scientist, Engineering & Resource Management

Barrier beach – Monahan’s removed construction debris racked soil and laid pavers. The Monahan’s were not aware that they had to submit a NOI. Was approached by the Building Inspector. In 2002 the Monahan’s installed patio pavers. 2003 they installed a shed. January of 2004 they received an Enforcement Order. After April discussion – they removed the shed. April discussion they were told to file a NOI. Has removed shed – vegetation has started to come back. Patio is not a structure – 40 foot no build zone. Patio is similar to driveway only better because it is filled with sand. You can see the only disturbance is the patio. Fence that was installed acts a physical demarcation. Mr. Monahan said a lot of debris left when the Sewer Department put pump in. JP once upon a time all area was undisturbed marsh. LP to JP- to refresh your memory – we went out and looked at this property. RW asked if the DEP’s issues had been looked at? RW what is your response to those issues? Mr. Deysey said that there was no dune there. RW read DEP file letter – DEP says remove patio because of dune. RW – Definition of Barrier Beach – therefore 25 feet from resource area you are on top of resource area. Abutter – D. Larocke – In 1999 land had been used for dumping of debris – now where building and patio are is where they said it shouldn’t be disturbed. Mr. Larocke – if you leave things alone on beach, things will come back. You made the regulation and you should be following it. Ms. Deysey said that Conservation Commission can make allowances. Mr. Monahan said patio has been there since I bought it. It has had no impact on anything. Not a water situation. IA said – I think it is preventing vegetation. Mr. Monahan said there is an area where things will never grow. IA – if you had come to us we would have requested you plant with native plantings. Mr. Monahan – I did go to the Building Inspector. When patio put in he did so not knowing. Mr. Monahan –Q. If marsh actually creeps up – I have no right to cut the grass. JP that is correct. RW – you are in the no disturb zone. Motion by IA to continue to 7/21/2004. Representative requested to continue to 8/4/2004 instead. Seconded by JP. LP said clarify with DEP regarding the issues of patio. Unanimous.

Public Hearing: Equity Real Estate Group, LLC, 55 Railroad Avenue

Motion by JP to continue to 7/21/2004. Seconded by IA. Unanimous.

Public Hearing: Peter Carbone, 29 Rail Road Avenue

Represented by Jim Babin of Millennium Engineering

Garage is to right. All pervious material. No vegetation present. Building and paving on this whole lot. 4000 sq. ft. Keeping area in back all natural. Two parking, roof run off goes to stone trench. Plantings on plan – salt tolerant native species. Site above flood zone. Architectural plans – piles/lattice, 2 feet all around the building. Fairly narrow unit. Mechanical room being hung from ceiling so build has flow through. JP hanging of utilities – interesting, how are you able to do that? JB said he was not into construction part but heat pumps are quite small. Under each unit there is a pad for water/sewer coming up through insulation. IA set back from Railroad Avenue, is garage under condo? IA area in back – keep it sand and maybe picnic tables. IA understanding – no patio back there. Mr. Carbone – intention is to let beach grass grow natural. JB comment – designed the same way as 286 condos. RW – Q. stone trench – in the area #2 – is that also stone? JB –stone trench is under ground. Water runs into clean stone trench. JP building debris hauled away? JB answered absolutely! RW are the utility chases put in plan? Abutter Joe Barbagallo had a question regarding the 50% rule – is this over 50% increase in value if they are tearing down building? PF – answered that this in the Beach Commercial Zone – which is a zoning issue. Motion by IA to approve 29 Railroad Avenue with the addition of the 3X3 utility chases must be added to the plans. Plans must be presented to us and also gravel for garage floor. RW – what is it covered with now? JB is material is processed gravel – RW asked what are you putting back? JB said that if it is good gravel there already then they will leave it. RW – what if not good? JB said gravel will be brought in. Unanimous.

Public Hearing: Michael Wolpert, 34 Forest Road

Request by applicant Michael Wolpert to continue hearing to next meeting. Motion by IA to continue to 7/21/2004. Seconded by JP. Vote – in favor IA, JP, and RW. Abstained PF. Motion carried.

Public Hearing: Alana Boschen, 17 Red Penniman Drive

Represented by Jim Babin of Millennium Engineering

Changed plans presented. Replicating wetlands. RW suggestion – this is subject to approval by Mary Rimmer. Motion by JP to approve plans contingent on Mary Rimmers approval in writing and a brief note/letter from applicant’s parents (abutters) giving approving replication proposed. Seconded by PF. Unanimous.

Public Hearing: Anthony Rizzo, 266 North End Boulevard

Not present.

Motion by JP to continue to 7/21/2004. Seconded by IA. Unanimous.

To send letter – requesting presence at next meeting.

Public Hearing: Dennis Stump, 2 Schoolhouse Lane

Dennis Stump – proposal of 8X10 patio. JP asked if he needed to pour footings? Mr. Stump said he was using sonar tube – no existing footing. Ripped down deck – building new with sonar tubes. New deck extends two feet further. LP said they were fourteen feet from wetlands already and porch was falling down. IA any questions or concerns? LP silt fence for Small Pox Brook. Silt fence and holes dug by hand. Motion to approve by IA – approve extension of porch, holes hand dug, hay bales and silt fence needed. Seconded by JP. Unanimous.

Public Hearing: Allen Kesner, Bridge Marina, Inc., 179 Bridge Road

Allen Kesner said that he has letter fr9om Marine Fisheries, Stephanie Cunningham and has seen Building Inspector. Applicant asked if there was any way we can go ahead and replace piles without coming back to with NOI? Motion to approve Allen Kesner, Bridge Marine plan contingent on DMF letter, that pressure treated piles are O.K. to use & approval of Army Corp. of Engineers. Seconded by PF. Unanimous.

Public Hearing: Daniel Marshall, 9 Longmeadow Drive

Represented by Lee Tibedeau of Cammett Engineering

Proposal of a 20X24 addition on piles. Entire site flood plane – building addition on concrete slab. Elevation is 6 ½ feet. Going up to 13 feet. Using 30 foot driven piles. RW how far away is wetland? LT said wetlands were roughly 32 feet away. PF said vote in favor – preexisting lot – discussion to connect existing deck to new addition. Motion to accept plans by PF – revised plans. Seconded by JP. Unanimous.

Public Hearing: Mark Filtranti, 11 North End Boulevard

Represented by Ron Laffely.

Honey Locust – Beach Grass to maintain site line. Area is totally paved – existing building removal – under building elevation 5.5. 100% pervious. Using bony gravel. Two buildings coming down – hay bales will be used – within 100 feet buffer zone. Area way for fire protection. Slab of concrete will act as pile caps. 2 feet air space – 6 inches gravel. RL this building is 100% compliant. Capacity of club is for 500 people. Upstairs is comedy club. RL bringing business away from strip club atmosphere to night club – Vegas night club. Commercial Building. 100% non-combustible, 100% water going off site nourishing wetlands. Building 9000 sq. feet. Property lines have gone through Planning Board and have been recorded. Utilities 22X11, sprinkler, sewer and water. IA entire building going to be ripped down? Storage area – in future if they decide to put in kitchen it will be another NOI.

Motion to accept plans for Mark Filtrate, 11 North End Boulevard. Seconded by PF. Unanimous. Standard boiler plate conditions must be attached. Unanimous.

Old Business:

High Tide Realty Trust, Lew T. Nichols & Maureen Nichols, 110 Elm Street, Enforcement Order.

Mrs. Nichols present. Mary Rimmer has talked to Seekamp Environmental about Plan restoration. Plan to fix wetlands. MS will talk to Mary Rimmer about restoration plan and plan showing wetlands. RW said engineers plan, plot plan, and needs to show wetlands. Plan in two weeks.

Samantha Way

LP advised the board that they need to look at this property – time expired.

Enforcement Orders:

Michael Gerstien & Barbara Gross, 322 North End Boulevard