Salisbury Conservation Commission Minutes

February 16, 2005

 

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

Absent:  none

 

Meeting Opened at 7:15 P.M.

 

1.     Ken Surette , listed in item 1 on agenda, was not present .  RW suggests we postpone this issue until a slightly later date.

2.     Larry O’Brien addressed the board in regards to the Urban Harbor Management Plan. He would like the board to provide him with a volunteer from the Conservation Commission to be the liaison. He is looking for comments from various groups in t he area as to what people would like to see developed in the future for the harbor area, whether it is more walkways in the marsh or more waterways through the marsh that a small boat could navigate. The volunteer position would entail approximately 4 – 8  hours per month. RW will take it under advisement.

 

Building Permits:

5 Garafalo Drive, Lot 3. IA motions to approve. KA seconds. Unanimous.

 

MINUTES

 

TH makes a motion to approve the January 19, 2005 minutes. IA seconds. PF abstains. All others are in favor.  IA moves to approve the  January 5, 2005 minutes. DH seconds. PF abstains. Alls others are in favor.  TH comments on a few minor details to be corrected on the minutes. TH motions to approve the minutes with changes. IA seconds. PF abstains. All others are in favor. RW presents the board with minutes from July 21 that were never approved. RW, TH, PF, and IA were present at that meeting. TH would like to read the minutes first. TH motions to continue until a review of the minutes can be made. RW seconds. All in favor.

 

PUBLIC HEARINGS

 

RW opens the public hearings under the State Wetland Protection Act and the Town of Salisbury Bylaws.

 

#1 - #5, NOI – DECM LLC, 375 North End Blvd. Lot 4, 5, 6, 8, and 9 – These were continued until the March 2nd, 2005 meeting but were placed on the agenda for February 16th  by mistake.

 

DH moves to hear #10. Plank Road Realty, and #11. Edward Wallace, out of order. RW seconds. Unanimous.

 

#10. Plank Road Realty is seeking a continuance to the March 2, 2005 meeting. TH asks to see any DEP comments made regarding the property.  TH moves to continue the hearing with the conditions that the information on chemicals be given to the secretary and also mailed to the board members. IA seconds.

 

#11. Edward Wallace is seeking a continuance to the March 2, 2005 meeting. The representative for Edward Wallace states that no comments have been received from DEP to date. They have question on the replication area. TH moves to continue this to March 2, 2005. DH seconds. Unanimous.

 

RW announces that #10 and #11 will not be heard tonight and those waiting for this hearing will need to hear this at the next meeting on March 2, 2005, at 7:15 p.m.

 

#6. T. D. Real Estate Development LLC, 3 Garafalo Drive. (Lot 2) Ron Laffely is the representative. Based on the requests from the board previously, this plan is the third proposal. He now proposes a 3 to 1 replication of the wetland area. Also changes to the building meet the 25’ rule. More discussion follows on the roadway. TH moves to approve with conditions. IA seconds. KA abstained. All else are in favor.  

 

#7. 516 North End Blvd. Ron Laffely represents the owners. Plan proposes to add a story to the existing structure. Plan is to leave the foundation of the second structure as a retaining wall and remove all the rest of the structure. A new structure would be placed on piling. TH states he would prefer that Coastal Zone Management give their views on the property to the board before making a decision. RW moves to continue until DEP letter arrives. TH looks at aerial and says he is concerned with the dune system. RL asks for continuance to March 2 meeting.  TH motions to continue this until March 2, 2005 meeting.  IA seconds.  PF opposes. All others in favor.

 

#8. Mathew Palis – 9 Toll Road Brian Knowles of Apple Associates is the representative for this item. BK presents maps to the board. KA motions to approve.  TH seconds. RW asked if anyone else has a comment on this item. TH suggests adding a plan to infiltrate the roof runoff. RL agrees to add that to the proposed plan. TH  motions to moves to approve. KA seconds. RW asks for comments from audience. Mark Walzowit, Avery Lane, expresses concerns that many more houses are planned for this area, even though only one house I proposed at this time. Discussion followed on an infiltration system for the roof runoff.  TH moves to amend his motion to include that the structure be built with a storm water runoff infiltration system. KA seconds the amended motion. Vote  is unanimous for the amendment. Vote on the original motion is unanimous.

 

#9. 25 Lafayette Road, Brian Knowles is representative. Brian Knowles present proposed plan for the house, pool, and driveway. Discussion followed on design of house, lawn and setbacks. House is in the 25’ setback zone, and several board members would like to see an improved plan for property. TH moves to continue until March 2, 2005 at 7:15 pm. KA seconds. Unanimous.

 

#12. 14 Liberty Street. No one is present to present this plan. KA motions to continue to next meeting on March 2, 2005. TH seconds. Unanimous.

 

 

New Business

 

#1. 195, 201 Elm St. Enforcement Order. Owner would like permission to remove piles of debris. The owner placed cameras on property trying to discourage public dumping, but still has problems with debris being dumped at location. An environmental scientist suggests to inspect site after the snow melts and prepare plan to restore the area. TH motions to continued until April 20, 2005 meeting at 7:15 p.m., allowing time for a site visit to be scheduled. KA seconds. Unanimous

 

#2. 7 McCarthy  - Brian Knowles – Proposed plan includes replacing the  6 single family homes with 2 single family homes and 4 duplexes. Parking would be under the units. Board provided feedback for proposed project which is still in preliminary stages of planning. BK will present more detailed plan at a later date.

 

#3. Fulcrum Inc. 208 Elm St. – Business location which is empty lot presently wants to put in wholesale business, distribution of flowers and a office space above. Plan will disturb the wetland within the 25’ zone state RL during construction. TH would like to see plan that would not disturb the 25’ zone. No action was taken by the board.

 

#5. Falling Leaf Superseding Order of conditions. Discussion on the 3 days left to file an appeal. Board voted to delay discussion until after Old Business items were discussed. TH moves to hear #2 item in Old Business out of order. RW seconds. Unanimous.

 

Old Business

 

#2. Enforcement order for Seabrook Logging, Paula & Fredrick Jr. Bassett, and Steven Hoelzer located at 43-45 Seabrook Road.  Discussion followed on having a professional stake the property lines. TH moves to continued until March 16, 2005 at 7:15 pm, providing an update to the board on the plan to restore the property. IA seconds. Unanimous. An abutter request that he be notified when the staking is done. The owners agreed to notify the abutter.

 

TH moves to discuss Linda Lane, which is not on the agenda. PF steps down. KA seconds. The motion. Unanimous. Eric Botterman discusses the expired RDA, and ask if the board will accept a re-filing without  flagging the wetland since it was done less than 4 years ago. No action was taken, only feedback from board.

 

Public Hearings

 

Hilton Senior Center – RW opens the discussion on the Hilton Senior Center proposed plan to expand the area.  Although this item wasn’t on the agenda, it was properly noticed according to the state regulations in the newspaper, and an abutters’ notice was mailed in according to the regulations. IA motions to proceed. KA seconds. DH abstained. Lisa Pearson presents the plan to the board. More rooms are needed in this facility because of multiple meetings held at the center. The plan is to use the side entrance instead of the front entrance. A second floor addition is not feasible because the first floor is not structurally strong enough to support a second floor. The new construction will place the center 20 feet from the wetland area. During construction, erosion controls will be in place. TH states his concerns that the property will be within the 25 foot setback area. IA motions to approve the expansion project. JF seconds. Unanimous.

 

#5. Falling Leaf project is opened for discussion again. This is a 40B project. LP says the site reviews are completed. TH motions that the Town of Salisbury appeal this superseding order of conditions issued on this project and that it does not meet MA Wetland Protection Act. KA seconds, and that information provide is not consistent with setbacks, and request that Mary Rimmer prepare a statement of acts. KA seconds. PF opposes. All others are in favor.

 

TH motions that the board adjourns on the condition that members sign the documents that require signatures before leaving. IA seconds. Unanimous.

  

The meeting adjourns at 10:05 p.m.