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 doesn’t 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 abutter’s 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 O’Blenes. 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.