Salisbury Conservation Commission Minutes
February 2, 2005
Members Present: Rick Whaley, Thomas
Hughes, Kevin Avery, Iora Alexander, David Holscher, and Jamie Ferris.
Absent: none
Meeting Opened at 7:15 P.M.
Building
Permits:
No building permits were requested.
MINUTES
Motion was made to have the secretary
make complete copies of the last meeting minutes held January 19, 2005 and
present them to the board at the next meeting on February 16, 2005.
PUBLIC
HEARINGS
Public hearings were opened at
7:05 PM by RW.
Salisbury Elementary School, Tree Cutting
Christopher Walsh, the manager of
the grounds for Triton /Regional
School District request
permission to remove some dead trees from the area close to where the school
buses load children. Mr. Walsh states that the trees pose a hazard and should
be removed. Also a few trees near the playground pose a similar hazard to the
children. All totaled approximately 12 trees would be removed. All are dead and
the bark is peeling off of the trunks. TH informs Mr. Walsh to fill out the
proper forms since the property is in the wetland boundaries. TH moves to approve the removal of the
trees as long as no work is to be done in the wetland area and all equipment is
kept in the upland area. Also all felled trees must be kept in the upland area.
IA seconds. Unanimous
#1 - #6, NOI DECM LLC, 375 North End Blvd.
Lot 4 Buz Coulyard reminded the board that
he had requested the continuance from January 19, 2005 until tonight. The
property was inspected by two of the board members, TH and KA, since the last
time Mr. Coulyard was before the commission. KA states that he should change
the size of homes and location of homes to meet the 25 and 40 foot rules. BC
says that the lots were approved before the bylaws required the 25 and 40 foot
rules, and therefore he doesnt have to meet those rules. BC also noted that Lot 7 was still on agenda and was approved at the January
5, 2005 meeting. Lisa Pearson checked the minutes and it was agreed
that Lot 7 had been previously approved. TH
states that he would prefer to see the 25 and 40 foot rules. TH suggested
moving the driveway away from the isolated wetland or make the house a little
smaller. TH stated that the 40 foot rule could be relaxed some but not the 25
foot rule. TH agreed that the history of the property would be considered and
allowed for the commission to grant more flexibility than usual. TH moves to continue the hearing to the
March 2, 2005 meeting held at 7:15 p.m for discussion of Lots 4, 5, 6, 8, and
9. KA seconds. Unanimous. TH moves that Lot 7
be removed from the agenda as it has been approved already. DH seconds.
Unanimous.
#7. ANOI: T.D. Real Estate
Development LLC, 1 Garafalo Dr.
(Lot 1) Ron Laffely represents the owner of
the property. RL handed the secretary the abutter notices that were sent out
certified mail. RL present the plan to the board. TH asked if the delineation
is accurate and has Mary Rimmer been to the site for an inspection. RL says
ANRAD was approved two years ago and he is only asking for an extension. TH
suggests the board hear the extension for ANRAD first. KA motions to approve IA seconds. RW asked the audience if there are
any questions or comments for discussion. No discussion. Unanimous.
#8. ANOI: T.D. Real Estate
Development LLC, 4 Garafalo Dr. (Lot
6) RL describes the plans for Lot 6. TH moves to
approve. DH seconds. RW asks for comments from audience. No discussion.
Unanimous.
#9. ANOI: T.D.
Real Estate Development LLC, 7 Garafalo Dr. (Lot 4) RL describes
the plans for Lot 4. TH moves to approve. KA seconds. No discussion followed.
Unanimous.
#10. ANOI: T.D. Real Estate
Development LLC, 9 Garafalo Dr. (Lot 5) RL
describes the plans for Lot 5, and answering questions about square footage of
the structure. KA motions to approve. TH
seconds. RW asks for comments from audience. No discussion followed.
Unanimous.
#11. NOI: T.D. Real Estate
Development LLC, 3 Garafalo Dr. (Lot 2) RL
describes Lot
2 to the board. RL would like to locate the house so that it aligns with the
other housed in the area and offer a 2 to 1 replication of the wetland.
Approximately 2000 square feet in the disturbed area would be replicated. The
board reviewed the proposal and reviewed the map. TH states that this plan does
not meet the 25 and 40 foot rules. IA says she is in favor of the 2 to 1
replication offer. RL states he would like to keep all houses in uniform
design, which would also reduce the pavement, needed to reach all the houses.
TH suggests a redesign with reducing the pavement and a 3 to 1 replication. KA moves to continue to February 16, 2005
at 7:15 p.m. DH seconds. RW asks if there are any comments. No discussion
followed. Unanimous.
#12. RDA: T.D. Real Estate
Development LLC, 2 Garafalo Dr. (Lot 7) RL
describes the plan for Lot 7. TH asks about culverts and storm drainage systems.
TH moves to approve a negative determination.
KA seconds. Unanimous.
RL reminds the board that Lot 2 ( 3
Garafalo Dr.) which has been continued until
February 16, 2005 at 7:15 p.m. due
to the suggested revised goals of reducing pavement and a 3 to 1 replication
may impact Lot 3 which was previously approved
by the board. KA says RL should present any changes to Lot 3 that occur because
of the Lot 2 redesign, and present this
information to the board.
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#13. ANOI: SAL Realty Trust
Ronald & Sally Laffely, 1
Mustang Way RL represents Sally Laffely, owner.
RL says plans were previously submitted to the Planning Board. The address for
this property would be 6 Garafalo
Dr., if approved by the Planning Board. RL states
he still needs to get approval from the planning board but wanted to present
this plan to the commission first. RL says the plan meets the 25 and 40 foot
rules. KA motions to approve. TH seconds. RW asks for comments from the
audience. No discussion followed. Unanimous.
NEW BUSINESS
#1. NOI: Phoenix Homes, Inc. 57-63 Railroad Avenue This had been
approved previously but needed signatures from the board members.
#2. Seabrook Lumber Company,
Enforcement Order The secretary called Seabrook Lumber Company and was told
they were not the business that had cut trees on 43-45 Seabrook Road. Ms. Holsom, the
owner of Seabrook Logging and Clearing Company stepped forward and said that
her company was not connected to Seabrook Lumber Company and that her company
had made an agreement with the owners of 43-45 Seabrook Road to clear their
property. She stated that the company had abided by the cease and desists order
from the Conservation Commission. IA says that the owners of 43 45 Seabrook
told the board more trees needed to be removed. The owners of the properties of
43 45 Seabrook Road
stepped forward to present the plan they have for restoring the trees that were
cut down. Fred Bassett, listed on the agenda under Old Business at item # 2
states that at a previous meeting it was determined that his property was not
in a wetland area. TH says that Mary Rimmer should look at the property in the
spring to determine if this is accurate. Fred Bassett along with Steve Hoelzer,
45 Seabrook Road,
who is listed on the agenda under Old Business at item #3, presented a plan to
the board for removing dead stumps and replanting 10 to 20 hardwood trees. TH would like to see plans showing the stream
located on the property and re-establishment of a buffer zone of trees to be
planted near the abutters property. More discussion followed between the
Seabrook Logging and Clearing Company, the property owners, and the abutters.
The abutters gave their names as Joanne and Wayne OBlenes. TH moves to continue this to the next
meeting on February 16, 2005 at 7:15 p.m. so that the property owners and the
clearing company can work out a plan for restoration. KA seconds. RW asks if
anyone in the audience has a comment. No discussion followed. Unanimous. The minutes should reflect that this motion
also referred to items #2 and #3 under Old Business.
#3. Extension of Order of Conditions: 4 Forest Road Ron
Laffely request a two year extension on the project. RL says that 70% of the
work will be completed by the end of the summer. The current order expires in
April of 2006 and the owners need the time extended in order to complete the
project. KA motions to grant the two
year extension. TH seconds. No discussion followed. Unanimous.
#6. 211 Beach Road, Michael Wolpert, New
Construction TH motions to hear this
item out of order. IA seconds. Unanimous. Michael Wolpert proposes removing
a seven unit building and constructing seven condominiums in the same area. The
plan does not meet the 25 and 40 foot rule. RW asks what type of structure. MW
says the structure will be steel piling with six units in the back and one in
the front of the building. TH suggests
that MW improve setbacks on this project. IA asks about the parking for the
building. MW says two spaces will be underneath the building. TH states that no
concrete is allowed and will not issue building permit with the use of
concrete. MW says crushed stone could be used but he prefers concrete. MW says building inspector suggested concrete
use. TH again says the setbacks for 25 and 40 foot rule is needed. IA states
that owner needs to use clamshell or gravel on the barrier beach. MW will check
to see if the area is part of the barrier beach because of the proposed use of
the roadway materials discussed here at the meeting.
#5. Certificate of Compliance 34 Pike Street,
Bonita Stone. IA motions to hear this
item out of order. TH seconds. Unanimous.
The Certificate of Compliance needs signatures from the Conservation
Commission. TH states that he and KA saw
the site and it looked fine. TH moves to
approve. DH seconds. Unanimous.
E. OLD BUSINESS
#6. Waldot Realty LLC, 62 Elm Street TH
motions to hear this out of order. DH seconds. Unanimous. LP and TH discuss the project and the engineer
review that is needed. RW says the project is in limbo at the moment. TH
suggests that the board re-open the hearing. TH motions to place it back on the agenda under public hearings and
that public notice is made regarding the property. Also the applicant should be
notified to come back before the board for the next meeting on February 16,
2005 at 7:15 p.m. IA seconds. Unanimous.
TH motions to
adjourn the meeting. IA seconds. Unanimous. The meeting adjourns at 9:30 p.m.