Salisbury Conservation Commission Minutes

April 20, 2005

 

 

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

 

Absent:  David Holscher

 

Meeting Opened at 7:11 P.M.

 

Building Permits:

 

A building permit for 1 Mustang Way was presented to the board showing that there was a change in lot size. TH motions to approve. PF seconds. Unanimous.

 

A building permit for 6 Garafalo Drive is presented to the board, stating that this address is the same as 1 Mustang Way. KA motions to approve. IA seconds. Unanimous.

 

A building permit for 3 Garafalo Drive is presented to the board showing a slight change in  the property line as requested by the Conservation board. TH reviews the revised map which Ron Laffely presents to the board members. RL says a 3-1 mitigation is proposed for this property. TH moves to approve the building permit with reference to the “Plan for 4 Forest, 3 Garafalo Drive, Lot 2, Revised 4/20/2005. KA seconds. Unanimous.

 

A building permit for 57-63 Railroad Ave is presented to the board. Rick Whaley states that the permit is for 8 units. KA motions for approval. TH seconds. Unanimous.

 

MINUTES

 

TH motions to table the minutes. IA seconds.  Unanimous.

 

PUBLIC HEARINGS

 

Public hearings were opened at 7:15 PM by RW.

 

 #1.  NOI: Plank Road Realty, 170-180 Beach Road, Eric Botterman is the representative for the owners. KA steps down from the board. EB describes the NOI as necessary for the removal of fragmite. DEP has not responded yet and he would like to go forward with plans for removal.  Mark Bellows, a biologist, reports on his finding after inspecting the property. He proposes that a herbicide be used at this site to control the spreading of the fragmented in this area. The herbicide is approved for coastal area and would yield a 80-90% reduction in the first year. The plan proposed is to obtain the Order of Conditions, apply to DEP for the license to use the herbicide, and treat the property in August or September of 2005. TH asked MB to state the concerns that DEP has about this plan. Eric Botterman responds that DEP will need a 401 water quality certification. TH reviews the aerial photos which EB sent to the board showing which area will be treated as proposed. Discussion follows on how the property will be re-vegetated, and concerns about the water quality after using the herbicide. MB states that the water will not be affected and that normally re-vegetation is not needed in these cases since the area will do that on its own within two years.

 

TH moves to approve with the following conditions:

          1. Work will be confined to the delineated areas shown on the photographs.

          2. All work will be done by  hand; no heavy equipment allowed in area.

                   3. If area is less than 75% native after the second growing season, the

                         applicant will resubmit a plan to replant the area.

4. A copy of the order will be sent to the Army Corp of Engineers.

5. Applicant will submit report  on growing season progress annually until a

    Certificate of Compliance is issued.

6. Applicant will show the board a copy of the permit(s) required by DEP.

 

PF seconds the motion. Unanimous.

 

#2. NOI: Jeffco, 7 McCarthy Way. Representative is Apple Associates. A representative from Apple Associates, William Parletts describes the planned project at 7 McCarthy Way which is located off North End Blvd. They propose to construct 6 structures to replace the 7 structures on the site currently. They would consists of 2 single-family homes, and 4 duplexes, sold as condo units. The board reviews the maps presented showing the plan. Discussion followed on the project focusing on the setbacks not met and the density of the project. Plans also include removing the backyard area gravel and placing parking underneath the buildings. Discussion followed on the roadway and material to be used for parking area. TH moves to continue to the meeting of May 18, 2005 at 7:15 p.m. KA seconds the motion. RW asks if anyone in the audience would like to make a comment. Kerry Vaugh , an abutter says she believes this project is too densely populated for this area, where she has been a resident for many years. The road onto the property is narrow and dead-ends. She thinks traffic and parking problems will become a major issue. Vote is taken regarding the continuance and is unanimous.

 

#3. NOI: Ferry Lots Lane. Apple Associates represent the applicant. William Parletts shows the board the proposed plan which describes widening the driveway to the house. The driveway meets the setbacks with this proposed plan. The board looks as the aerial photo, showing the house with a deck, and driveway. KA motions to approve providing that the stairs to the deck will not approach the wetlands and comply with the setbacks. TH seconds. Unanimous.

 

#4. NOI:  23 Seabrook Road. No one is there to represent the applicant. TH moves to continue to May 4, 2005 at 7:15 p.m.  KA seconds. Unanimous. 

 

#5. NOI: Linda Lane, Lot 4. PF steps down from the board. Lisa Pearson visited the site and gives her report to the board. Silt fences are on the site. Construction is mostly completed. KA motions to approve Lot 4. IA seconds. Unanimous.

 

#6.  Linda Lane, Lot 6. Site is 90% complete. Some site work still needs to be completed. KA motions to approve. IA seconds. Unanimous.

 

#7. NOI:  Linda Lane, Lot 7. This is 13 Linda Lane. The closest wetlands are 150’ form property. IA motions to approve. KA seconds. Unanimous.

 

#8. NOI:  Linda Lane, Lot 10. This area is contained in 100’ buffer zone. The house is outside the 40’ setback and driveway is 22’ away from setback.  TH moves to approve. IA seconds. RW asks if anyone in the audience would like to comment. Chris Deluca speaks to the board. He claims his property is affected by the runoff from the development of the area, and that his yard is now wet most of the time. Discussion follows on the 25’ wide buffer zone between Lots 10 & 13. Todd McGrath, the representative for the applicant states that the runoff problem for Chris Deluca’s property will be resolved by installing a 12” drain that will carry water out of the area. Discussion followed on solutions to the runoff including installing  infiltration systems on the houses being constructed in the area.  TH withdraws his motion and IA withdraws her second. TH motions to continue this to May 18, 2005 meeting at 7:15 p.m. and KA seconds. Unanimous.

 

#9. NOI: Linda Lane, Lot 11. This property is close to Baker Road. A 4 bedroom house and septic system is on this lot. The representative states that the septic is 51’ from wetlands, and house is 26’ from wetlands. RW reminds the board that this property was approved before the town bylaws were in effect.  More discussion followed on drainage problem. TH moves to continue this item to May 18, 2005 meeting at 7:15 p.m. KA seconds. Unanimous.

 

#10. NOI: Linda Lane, Lot 12. KA motions to continue this to May 18, 2005 at 7:15 p.m. TH seconds. Unanimous. 

 

NEW BUSINESS

#1. 480 North End  Blvd. Discussion followed on the elevation of property. RW moves to issue the Certificate of Compliance. KA seconds. Unanimous.

 

RW moves to hear item #6 under New Business out of order. IA seconds. Unanimous.

 

#6. 28 Ocean Street. KA motions to approve and issue the Certificate of Compliance. TH seconds. Unanimous. 

 

#2.  101 North End Blvd.  Lisa Pearson gives an update to the board stating that there has been now word from the DEP regarding this issue.

 

#3. Michael’s Way, Lisa Pearson gives an update to the board stating that no plan has been received.

 

#4.  Steven’s Tree Farm. Plan is to separate houses, and sell the development.   

 

E. OLD BUSINESS

            #1. 23 Seabrook Road, Plan should be ready for May 4th meeting. There are some serious drainage issues and the stumps cannot be removed under the enforcement     order.

 

KA motions to adjourn the meeting to executive session, and not return to regular session afterwards, at 9:45 pm. IA seconds. Unanimous. The meeting adjourns from executive session at 10:00 pm.