Salisbury Conservation Commission Minutes

MAY 18, 2005

 

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

 

Absent: None

 

Meeting Opened at 7:10 P.M

 

BUILDING PERMITS

A building permit was presented for 147 Bridge Road. PF motions to approve the permit. TH seconds. RW signs the building permit.

 

A building permit was presented for 14 Ferry Lots Lane. DH motions to approve the permit. PF seconds. RW signs the building permit.

 

MINUTES

TH motions to continue the July 21, 2004 minutes to the next board meeting on June 1, 2005 at 7:15 p.m. IA seconds. Unanimous. IA motions to approve the April 6, 2005 minutes. PF seconds. Unanimous. IA motions to approve the May 4, 2005 minutes. PF seconds.  Unanimous.

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PUBLIC HEARINGS

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

 

#1.  Linda Lane , Lot 10. PF steps down from the board. Matt Stinel, with Millenium Engineering is the representative for the owner. He gave an update on resolution of the drainage problems previously discussed. A pipe has been installed to direct the water off the property. Also a trench has been dug to help with drainage. TH asked the abutter if he was satisfied with the progress that has been made regarding the water drainage. The abutter says yes it is 75% better and he expects that the problem will be resolved completely in the future. TH motions to approve and IA seconds. Unanimous.

 

#2. Linda Lane, Lot 11. PF steps down from the board. Discussion followed on the site vegetation and how it should be maintained. IA motions to approve the plans. DH seconds. Unanimous.

#3.  Linda Lane, Lot 12. PF steps down from the board. Matt Stinel describes the structures on the property. TH states his concerns about the house  being located so close to the wetland. KA says the issue before the board is whether the flooding has been resolved.  DH says this property was previously approved and the only issue for the board is whether the roof runoff  has been corrected. IA agrees. IA motions to approve the plan. KA seconds. Vote: KA, DH, IA, and RW vote in favor. TH opposes. Motion passes.

 

TH motions to take #8 and #9 of public hearings out of order. KA seconds. Unanimous.

#8. and #9. TH motions to continue these items to the next meeting on June 1, 2005 at 7:15 p.m.  KA seconds. Unanimous.

 

#4. 7 McCarthy Way. Brian Knowles , with Apple Association, represents the owner of the property, Jeffco. George Hughes is the applicant and owner of Jeffco. This plan pertains to lot 60, which currently has 6 cottage units on site. The plan proposes to replace the 6 single family homes. BK describes the parking layout. The homes will be built on pilings to elevation 10. The shed will be removed. Discussion followed on who will maintain the roadway and the boundaries to the parking area. TH request a detailed plan regarding the planting near the marsh. Jill Murphy, presents on behalf of some of the abutters, and speaks to the board. She  presents photographs showing that the proposed parking area is currently under water. She and other neighbors are concerned with the storm water management plan. She suggests that the board consider denying approval of this project until these issues are resolved.  Another abutter, Kevin English of 131 North End Blvd speaks and says he would like to see driveway staked because he is concerned that there is not enough room for a driveway. RW says that the planning board would need to review that issue. IA motions to continue this project to the next board meeting of June 1, 2005, so that  a wetlands scientist can look at the property. Mary Rimmer is suggested as the person to request inspecting the site. KA seconds. Unanimous. TH request that revised plans be sent to the board members as the revised plans were received too late to mail the board members a copy for this meeting.

 

#5.  Ferry Lots Lane, Laurie Powers with Seakamp speaks for the applicant. She presents a letter form the Natural Heritage that shows they have n o concerns with this site. Board reviews the letter. LP says the property was delineated last winter and a follow up visit was done this spring to verify the initial visit findings. TH states his concerns that the flags since he inspected the property and suggests that Mary Rimmer inspect the property. More discussion followed and it was agreed that Mike Seakamp and TH would inspect the property together. An abutter, Steve Jason, supports the project. KA motions to approve with the condition that Mike Seakamp and TH meet at the property and inspect the property . DH seconds.  Unanimous.

 

#6.  32 Forest Road, (part of 30 Forest Road) This was continued from the last meeting on May 4th, 2005. Laurie Powers is the representative for the applicant. LP give the board members the water report from DEP.  Michael Wolpert says also that Mary Rimmer sent him an approval letter reporting on her inspection of the property last July. RW asked if the road could be moved a few feet away from the wetland. Michael Wolpert says the most he could move it would be 5 feet.  KA reminds the board that the setbacks do not apply to roadways. LP says the existing building will be moved farther away from the wetlands. KA motions to approve the plan with condition that the roadway be moved 5 feet away from the wetland.  TH seconds. Vote: PF abstains.  Those in favor are KA, TH, DH, and IA. RW opposes. Motion passes.

 

#7. 20 Old County Road. Gary Densen is applicant. Discussion followed on the parking and pilings proposed in the plan, and also on the barrier beach boundaries in that area. KA motions to approve the plan.  TH seconds. PF motions to make the approval conditional on Lisa Pearson receiving a stamped plan. KA amends his motion to require a stamped plan be presented to Lisa Pearson. TH amends his second. PF withdraws her motion. Vote on original motion: Unanimous. Vote on amended motion: Unanimous.

 

Chair declare a two minute break.

 

#10.  NorthPointe Builders, property off Seabrook Road. Brian Knowles is the representative for the owners. The area consist of 35 acres and will have 60 units when complete. BK presents the drawings that describe the project. BK shows the proposed replication area, erosion controls, and general layout of units. This whole project will be on the sewer system and homes are separated with 25-40 feet between them. Common recreation areas and green areas are also included in the project. The utilities will be underground and driveway will be at least 10 feet wide. KA asked about the lot size. BK states that the property will be owned by the condominium association and therefore no individual lots are described.  RW asked BK why the planners decided to build the roadway through the wetlands. BK explains the reasons why their plan was the best solution considering the grade, and requirements from the planning board as well as the state regulation for roadways. TH states that Mary Rimmer should look at the replication plan and he would like to see it higher, at least 2-1.  KA motions to continue this so that Wesson and Sampson can provide more information on the plan and so that Mary Rimmer can also inspect the plan and advise in the matter of replication if needed, requiring a 2-1 minimum. TH seconds the motion to continue this to the June 15, 2005 meeting at 7:15 p.m.

 

 

 NEW BUSINESS

#1.  Vynorius Pile driving, 150 Elm Street.  Peter Caruso represents the owner. He inspected the property to see what the problem was and found the drainage is caused by water under the pilings. The heavy snow this winter and the heavy rain has caused an increase in drainage this year. RW and LP also inspected the property and LP says that the board received several complaints on this issue. Peter Caruso states that the problem has been remedied and he invites the board to view the property.

 

TH motions to take #3 under Old Business out of order. DH seconds.

 

OLD BUSINESS

#3. Enforcement Order for: 43 Seabrook Road, 45 Seabrook Rd, and Seabrook Logging.  RW shows the board the recent photographs of the property.  An abutter, Mrs. Oblene shows  photographs depicting trees that are under water and that she says are rotting due to the excess water. She claims that a prized cherry tree on her property was destroyed by the water and that Mr. Bassett is at fault  Mr. Bassett says that the Nor’easter storm  blew down the tree.  More discussion followed between the neighbors and the board members. Mr. Bassett says he would like to remove the stumps so that drainage on the property will increase. KA agrees that this would improve the drainage and should be done as soon as possible. RW reminds the board that we still need the plans and a survey of the property.  RW suggest that the board review the suggestions of the property owners of Mr. Hoelzer, and Mr. Bassett and see what they propose to resolve this problem. Questions about replanting trees, or putting in a lawn were discussed.  TH suggest that Mr. Bassett grind the stumps that need to be removed right away, which is less disturbing to the wetland than removing the stumps. TH suggest that the enforcement order allow for this immediate action to alleviate the problem of poor drainage.  TH motions to continue this matter at the next meeting on June 1, 2005, at 7:15 p.m. with the condition that Mr. Bassett be allowed to grind out some stumps before the next meeting, and also  that Mr. Bassett and Mr. Hoelzer obtain the advise of an expert in regards to the trees, (town tree warden for example) and be allowed to cut down any trees that an expert determines to be a safety hazard.  DH seconds  Unanimous.

 

TH motions to take the meeting to New Business. DH seconds. Unanimous.

 

NEW BUSINESS

Discussion on 70 Atlantic Ave was heard since the contractor was refereed to the board by the building inspector. The contractor is Dan Stevens and his request is simply to continue working on 2 decks that need reconstructing on existing footings.  RW states that a NOI isn’t needed since the area is paved and no work will be done in the sand dune system. RW instructs DS to submit a Request for Determination form to the board and send a copy to DEP. KA motions to allow RW to sign the building permit allowing Dan Stevens to work on the decks only, and that no digging in the sand or ground will be done, and that he must use the existing footing. TH seconds. Unanimous.

 

RW motions to take the meeting to Executive session and not return to regular session. TH seconds. Unanimous. Meeting adjourned at 11:30 p.m.

 

EXCUTIVE SESSION: Falling Leaf