Salisbury Conservation Commission Minutes

April 6, 2005

Members Present: Rick Whaley, Kevin Avery, Pat Fowler and Iora Alexander.

Absent: Jamie Ferris, David Holscher and Tom Hughes.

Meeting Called to Order at 7:17 P.M.

Minutes: No minutes were presented to the board for approval.

Building Permits: No building permits were presented to the board for approval.

PUBLIC HEARINGS

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

Public Hearings:

#1. NOI: DECM, LLC, 375 North End Blvd, Lot 8. B. Coulliard presents the plan to the board. IA inquires about the parking and the garage. BC says the lot will have a driveway under the building. KA inquires about the proximity of the marshlands BC says this property is BVW, bordering vegetative wetlands, and that this is the only lot of the six lots he developed in this area that does not meet the setback rules. He reminds the board that he has redesigned houses and placement of them on the lots to meet the board’s approval, after the roadway had been approved for the development. KA states that the driveway and house are not in compliance with the 25’ rule and he motions to deny this project. IA seconds the motion. RW asks if anyone in the audience has any comments or questions. No comments from audience. Vote: 3 in favor and 1 opposed (PF) to deny this project.

#2. NOI: 375 North End Blvd, Lot 9. B. Coulliard presents revised plan to the board stating that this lot is in compliance with the 40’ and 25’ setback rules. RW inquires about the drawing showing a driveway that does not reach the house. BC confirms that it does not, and it was designed as such. IA motions to accept the

project. KA seconds. RW asks the audience for any comments or questions. No comments were made. Vote: 3 in favor and 1 opposed (RW).

#3. NOI: Plank Road Realty, 170 – 180 Beach Road. Eric Botterman is the representative. KA steps down from the board. EB requests to continue to April 20, 2005. PF motions to continue this item to the meeting at 7:00 pm on April 20, 2005. IA seconds the motion. 3 in favor, 1 abstaining (KA).

#4. NOI: Off Baker Road. Matt Steinel, with Millennium Engineering, represents the applicant, Edward Wallace. MS presents the plan to the board regarding the revised plan. Also presented to the secretary is the abutters notification materials and the revised drawings. RW inquires about the previous plan wetland flags and why was the plan changed. MS says the DEP recommended the change. KA motions to approve the project. PF seconds the motion. RW asked about the inlet and outlet elevations, noting that the water on the west side would be draining towards the wetland according to this plan. Also a water well is located on the property and how would this new plan affect the water well. MS says the drainage flow will not cause problems with the well on the property. RW asked the audience for any comments or questions. No comments. Vote: Unanimous.

#5. NOI: Ahmad Arash, 147 Bridge Rd. Ron Laffely is the representative for this project and presents the plan to the board. Mary Rimmer has looked at property and made suggestions that the applicant has complied with regarding this project. This property will be a retail area with a drive-up window. Discussion followed on traffic flow and exterior of the building. RL states that the building will be 75’W x 100’L and all mechanical equipment will be placed on the roof. RW reads part of the letter from Mary Rimmer suggesting that planting be done is some areas to enhance the buffer zone habitat. RL agrees to follow her suggestions as stated in the letter. IA motions to accept this project with the condition that the applicant will follow through on plantings as Mary Rimmer suggested. KA seconds the motion. RW asked the audience for comments or questions. No comments. Vote: Unanimous.

#6. NOI: 516 North End Blvd. Ron Laffely is the representative for this property. He state that the building inspector classified this project at above 50% of the market value. RL presents plans to widen the building 5’ and the front deck by 10’ on this single story structure located on a full foundation with one car garage. RL

says a pathway to the beach will be maintained by owner for public access to the beach. RL requests approval to maintain the present structure on the basis that

removing the structure and foundation will disturb the mature sand dune near the building, and stating that the sand dune meets FEMA guidelines. IA motions to approve the project allowing the foundation because disturbing the sand dune would be more harmful than allowing the structure to remain. PF seconds. RW asked the audience for comments and questions. The owner of the property speaks about how this sand dune has protected the beach even in some of the worst storms in the past 25 years or more. RW asked to see the new revised plans and the name of the engineer on the latest plan. LP has plans for RW to review. Vote: 2 to 2: PF and IA in favor; RW and KA opposed. RL requests to speak to his client in private briefly, and then submit a new request. RW agrees and the board takes a recess of five minutes. The hearing resumes and RL amends his plan to include placing the building on pilings and a concrete slab driveway. RW asked what the elevation will be on the structure after placing it on pilings. RL says it will be 2’ higher than current elevation. RL says the skirt will have an open lattice of at least 50%. KA motions to approve plan based on an Order of Conditions stating that only crushed stone will be used in the proposed parking until the issue of what is allowable for parking is resolved among the town commissions and the building inspector. IA seconds the motion. Vote: 3 in favor and 1 opposed (RW).

#7. NOI: J. Lorden, 293 North End Blvd. J. Lorden requests a continuance to May 4, 2005. KA motions that this item be continued to May 4, 2005 at 7:00 pm. IA seconds the motion. Unanimous.

Request to take business out of order:

Motion to take business out of order made by KA. Seconded by IA. 3 votes in favor and 1 abstaining vote, (PF), due to conflict of interest.

Public hearing is heard out of order for agenda items #11-16, (#8-10 skipped)

#11-16. NOI: Harry Fogg, Linda Lane, Lots 4,6,7,10,11, and 12. Todd McGrath, with Millennium Engineering is the representative for the project. RW asked if there are houses in the process of being built on the properties. TM says that lots 4, 6 and 7 have structures in process, and that lot 8 has topsoil in place. IA motions that Mary Rimmer be asked to check wetlands for changes and also check the flags on the property. RW seconds the motion. More discussion followed and RW suggested that this be continued. PF states that she must leave at 9:30 and steps down from the board. RW says that without PF present there is no quorum and therefore the meeting is adjourned. No vote was taken due to lack of quorum. Meeting adjourns.