Salisbury Conservation Commission Minutes

January 5, 2005

 

 

Members Present: Rick Whaley, Thomas Hughes, Kevin Avery, Iora Alexander, and David Holscher.

 

Absent: Pat Fowler

 

Meeting Opened at 7:15 P.M.

 

Building Permits:

 

Ron Lafelly requests a building permit for Steven Goddess at 328 North End Blvd. Building permit was approved.

 

MINUTES

 

IA motions to approve the December 15, 2004 minutes with two corrections to be made on page one of the draft. TH seconds with provision corrections are made. Unanimous.

 

PUBLIC HEARINGS

 

1.     NOI: Wayne Capolupo, 121 Elm Street. KA steps down due to conflict of interest. Wayne Capulupo submitted letter from DEP and plans to for property that should be completed by June 2005.  Discussion followed on the proposed construction of a warehouse to store large equipment indoors out of the winter weather. No sewer or septic systems are involved and storing the equipment inside will improve the looks of the property. TH notes that the plans provide for the 40-foot setback rule from wetland and moves to approve providing there is no problem with the DEP number. IA seconds. Unanimous

 

 

2.      NOI:  Amendment, Ferry Road LLC, 19 Baker Road.  The original plan was presented to the board and discussions on drainage of the land to the wetlands followed. The owner is Matt Palis. IA asks about slope for drainage on lots 6 and 7. TH suggests that these plans also need review by the planning board. TH motions to approve and requests that these plans be submitted to the planning board for approval. KA seconds and notes that the board is approving only the pipe. RW requests that the planning board receive the minutes of this meeting. Vote is unanimous.

 

 

3.       ANRAD: Northpointe Builders, Off Seabrook Road.  Mary Rimmer has approved the plans and RW received the email pertaining to the matter. TH asks under what regulations Mary Rimmer reviewed the property. TH discusses the delineation of two upland areas.  KA motions to approve lots 49, 50, 51, 52, and 53 as approved by Mary Rimmer. IA seconds. TH wants the minutes to reflect that the property is approved under state laws and not town bylaws at this point. If submission is made other than a 40B, then the owner will need to come back to this commission to review under Salisbury town bylaws for approval. Vote is unanimous.

 

RW motions to adjourn the meeting for five minutes. IA seconds. Meeting adjourns at 8:25 p.m.

 

4.     NOI: DECM LLC, 375 North End Blvd. Lot 4. Matt Watsky is the               representative for this property. MW distributes maps with new design for the lots showing revisions that changed the driveway so it is shifted away from the wetlands. TH states that the building does not meet the setback regulations and motions to deny approval of lot 4. KA seconds Discussion followed on roadway and MW reminds the board of their discretionary power to modify the rules on a case-by-case basis. TH says he would be in favor of some modification of the 40 foot rule but not the 25 foot rule, also adding that the wildlife now using the area may find it difficult to continue to do so if house is too close to the upland. KA says this project is nearly four years old and the bylaws have only been in effect for two years so says that the applicant has right for approval because of the time frame of application. TH moves to table this issue until the board can look at lot 5. IA seconds. Unanimous.

 

 

5.     NOI: DECM LLC, 375 North End Blvd. Lot 5. MW presents the details of the revised plan for lot 5. No part of the deck is in the 25-foot zone and only a small part of the house is inside the 40-foot zone. IA suggests redesigning the house so that no part of it is in the buffer zone area and could be done by taking off two to four feet on one side. TH offers to visit the site and also would like the house made smaller to keep it out of the buffer zone. TH moves to continue this to the next meeting on January 19, 2005 at 7:15 p.m. so that a board member can visit the site before making a decision. IA seconds Unanimous.

    

TH removes from the table lot 4. IA seconds. Unanimous. TH withdraws motion to deny approval of lot 4. KA withdraws his second. TH moves to continue this until the next meeting on January 19, 2005 at 7:15 p.m. so that one or more board members can view the property before making a decision. KA seconds. Unanimous.

 

 

6.     NOI: DECM LLC, 375 North End Blvd. Lot 6. MW presents details of lot 6 including an isolated wetland area. The driveway has been changed to keep it out of the 25-foot buzzer zone. The house is rotated 90 degrees to keep it out of 40-foot buffer zone except for small corner. KA motions to continue this one until TH or another board member goes to the property to view the site. TH seconds. Unanimous.

7.     NOI: DECM LLC, 375 North End Blvd. Lot 7. MW states that no part of the house is in the buffer zone. KA moves to approve lot 7 with same conditions that were imposed on lots 1, 2, and 3 as recorded in the minutes of the December 15, 2004 meeting as follows: Special conditions include no impervious surface on the property, no turf grasses allowed, and no fertilizers or nitrate substances allowed, also no septic systems permitted, as the houses must be connected to a sewer system. The utilities will be contained in a concrete box measuring approximately 4’ x 4’. The houses will be on open pilings elevated above the 100-year flood. The plan name is “Proposed single-family dwelling at Coulson Pratt Drive, Map 35 – lot 8-7” TH seconds. Unanimous. 

8.     NOI: DECM LLC, 375 North End Blvd. Lot 8. MW states that the distance from the buffer zone to structure has been increased. KA motions to continue this until January 19, 2005 at 7:15 p.m. since the roadway was discussed by previous board members and he would like to speak to them about this issue. TH seconds. Unanimous.

9.     NOI: DECM LLC, 375 North End Blvd. Lot 9. MW states that only a small part of the house is within the buffer zones. KA moves to continue this until the next meeting on January 19, 2005 at 7:15 p.m. TH seconds and suggest that he visits the area to view the isolated wetland. Unanimous.

10. ANRAD: Fraser Realty Trust, 108 – 114 Bridge Road. Mary Rimmer has been consulted on this matter and approved. A letter that Mary Rimmer had faxed applicant was presented stating that all resource area delineated on this land was approved. KA motions to approve with the condition that the plan show the revisions made. IA seconds. Unanimous.

11. ANRAD: Gary Denson, 20 Old County Road. KA motions to approve subject to Mary Rimmer’s review. TH asks if MR made the approval under the state definitions. Discussion followed on assumption the review was made under the state definition and not the town bylaws. TH noted that ANRAD is under the Wetland Protection Act only, and not the town bylaws. TH seconds. Unanimous.

12. NOI:  H&M Industries, 33 Lafayette Rd. KA motions to approve providing that the stairway doesn’t encroach into the buffer zone. TH seconds. Unanimous.

13. NOI: H&M Industries, 29 Lafayette Rd. TH motions to approve providing that the stairway doesn’t encroach into the buffer zone. KA seconds. Unanimous.

 

TH motions to reconsider 33 Lafayette Rd and to add the same stipulation as listed for 33 and 29 Lafayette Rd. KA seconds. Unanimous. (33 Lafayette Rd was continued from the public hearing on Dec 15, 2004.) An abutter approaches the board with a question concerning the details of the drainage off the property into the wetlands. TH suggests placing gravel around the foundation to absorb some of the runoff from the roof of the structure. TH moves to approve with the condition that an infiltration system be designed for roof runoff, if possible using the site soil. If this is not possible, then notification to the commission must be made to ensure that all the runoff goes into the ground instead of on abutter’s property. IA seconds for discussion. Unanimous.

 

14. RDA: Daniel Kinsella 15 Central Avenue. The proposed change on this property is from a three unit building to a four unit building. TH states that a NOI is needed because this property is located on a barrier beach. Also the building inspector will need to determine if this property will meet the 50% rule, which would change the requirements and regulations. Mr. Kinsella states that a second story will be added to the property and that nothing will be added to the beach itself. IA asks about the parking and the response is there are no plans to expand the parking area. TH motions to continue this item until the January 19, 2005 meeting at 7:15 p.m. to allow the building inspector to inspect for the 50% rule. SH seconds. Unanimous.

15. RDA: Shirley Allard, 10 Washington Street. The owner is proposing to extend the driveway with asphalt. TH pulls up aerial photo on computer and states that he doesn’t see any problem with this since the area is more than 50 feet away from wetlands. TH makes a motion to make a negative determination. IA seconds. Unanimous.

 

NEW BUSINESS

 

1.  Request for Certificate of Compliance for 22 Pike Street. Owner is Mr. Sweeney. A revised plan and photographs are presented to board. KA motions to sign the Certificate of compliance. IA seconds. Unanimous. 

 

          TH motions to adjourn the meeting. KA seconds. Unanimous. Meeting adjourns at           10:55 p.m.