Salisbury Conservation Commission Minutes

June 1, 2005

Members Present: Rick Whaley, Thomas Hughes, Iora Alexander, and David Holscher

Absent: Kevin Avery, and Pat Fowler

Meeting Opened at 7:30 P.M

BUILDING PERMITS

A building permit was presented for 176 North End Blvd., DEP # 65-0717.TH motions to approve the permit. IA seconds. RW signs the building permit.

A building permit was presented for Ferry Lots Lane. TH motions to approve the permit on the condition that the board receives updated plans and that the permit not be issued until the Order of Conditions document is recorded. IA seconds.

MINUTES

TH motions to continue the July 21, 2004 minutes to the next board meeting on June 15, 2005 at 7:15 p.m. IA seconds. Unanimous. IA motions to approve the April 20, 2005 minutes. TH seconds. Unanimous. IA motions to request a change on the May 18, 2005 minutes, on page two. RW seconds. Unanimous.

IA motions to accept the May 18,2005 minutes as corrected. TH seconds. Unanimous.

PUBLIC HEARINGS

Public hearings were opened at 7:35 PM by RW.

#1. George Hughes, 7 McCarthy Way. Jill Murphy presents issues that neighbors are concerned with regarding this project. Discussion follows on regulations regarding reconstruction rules and definition of salt marsh. TH asked that he and Mary Rimmer schedule a meeting time to inspect the site together before the next meeting on June 15, 2005 and he moves to continue this discussion to the next meeting on June 15, 2005 at 7:15pm. DH seconds

IA also requests to be notified when Mary Rimmer is scheduled to inspect the property so she can attend also. Vote is unanimous.

#2. NOI: Chris Fraser, 114 Bridge Road. The Cammett engineering representative requests to continue this to the next meeting at 7:15 PM on June 15, 2005. IA motions to continue with the condition that an executive summary be presented by Matt Stinel at the next meeting. TH seconds. Unanimous.

#3. NOI: Peter Lee, 9 Atlantic Ave., Jim Babbett from Millennium Engineering and the owner present before the board. JB describes the proposed plan to put in a multiunit condo with three top units and three bottom units. Some discussion followed on the recommendations by the building inspector to put pavement under the buildings and the conservation commission’s regulations that prohibit pavement for this type of project. TH motions to have Rebecca Haney evaluate the property, and that Matt Brassard also review this property. IA seconds. Unanimous.

#4. NOI: Brian Cameron, 6 Dock Lane, Brian Cameron presents copies of plan to board and describes details to tear down shed and remove trailer. TH moves to approve the demolition of the structure provided the work and heavy equipment does not come closer than the 25 foot buffer zone, and the building closest to the wetlands is dragged away as far as possible before crushing. And also that a revised plan be submitted, showing hay bales and silt fence items to be installed between the work area and the wetlands. IA seconds. Unanimous.

#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.

NEW BUSINESS

#1. 101 North End Blvd. Shoreline Properties, LLC. Lisa Pearson says she has received no new information on this item, as DEP hasn’t made a comment yet.

#2. Request for Certificate of Compliance, Michael’s Way. Brad Kutcher made request for this item. LP says she spoke with Mary Rimmer and that Mary asked for more time to evaluate this project.

OLD BUSINESS

#3. Seabrook Logging Enforcement Order. TH motions to table #3 under Old Business until the parties involved arrive. DH seconds. Unanimous.

#4. High Tide Realty Trust. LP will call applicant and request that they appear at the next meeting on June 15, 2005 at 7:15 p.m.

#5. Matt Palis, Certificate of Compliance for Palis Drive. LP, TH and RW discuss issuance of certificate of compliance, and decide to rescind the certificate and require Mr. Palis to re-file after the project is complete. RW motions to rescind, IA seconds. Unanimous.

#6. Request for Certificate of Compliance, 12 Mudnock Road. LP says she never received a plan and upon site inspection at the end of the drive around the tree, it appears that fill was placed further into the wetland than approved originally. RW moves to rescind and require applicant to re-file with as built plan. IA seconds. Unanimous.

#7. Richard Monahan, 479 North End Blvd. LP updates board and states that this has been sent to federal court. No action taken.

#3. Seabrook Logging Enforcement Order, previously tables is now discussed since all parties are present before the board. RW states he is looking for a progress report with regards to stump grinding. Mr. Bassett says not much has been done due to heavy rain in area lately. Discussion followed on drainage of property, abutter’s property affected, and debris remaining on property. TH reminds owners that a plan with details on types of plants that will be replanted is needed for the board’s review. TH motions to allow the owners to begin to remove stumps as long as they stay 25’ from the wetlands area to the back of the property and bring a planting schedule to the next meeting on June 15, 2005, showing the details of native New England plants chosen to be replanted. DH seconds. Unanimous.

● Bob King comes forward with pictures and describes the current situation on the beach next to his home since the recent storm. Access to the beach is difficult due to normal walkways having been washed away, leaving steep drop off where walkways existed before. His concern is that beach goers, especially children, will become injured trying to access the beach. Discussion followed on placing temporary structures to allow easier access.

● Steve Nichols, a property owner on Old County Road who has a 48’ trailer and would like to remove it. TH suggests that he supply a plot plan and fill out a RDA to allow him to clear trees in the buffer zone of wetland. Also he will need to have a qualified person determine the wetlands area.

LP requests to waive the agenda to discuss an emergency situation. IA motions to waive the agenda to discuss an emergency situation. DH seconds. Unanimous. Near the area formerly known as the Frolics, pilings are still in place and pose a hazard to persons on the beach. The order of conditions is no longer in effect. IA motions to declare the emergency situation and allow DCR and DPW, to removing the pilings that are sticking out of the ground and level the sand afterwards. Also, a rope should be placed so people are not able to access the area as it is unsafe at this time, and require this work to be done with no disturbance of the vegetative dune. RW seconds. Unanimous.

ENFORCEMENT ORDERS

TH moves to continue items #1 and #2 under Enforcement Orders to June 15, 2005 at 7:15 p.m. RW seconds. Unanimous.

PROJECT REVIEWS

LP updates the board with the project reviews, discussing a cluster subdivision, on Friedenfels Rd, across from Stripers Restaurant. Planning Board is asking for input from board, especially concerning issues such as the wetland delineation and habitat area, preservation of the upland, and traffic access possible requiring a bridge. RW suggests that a letter concerning those issues be sent to the Planning Board, and that it seams that a cluster development is the better option but the board needs more information and details to be sure. TH moves to send the letter. RW seconds. Unanimous.

Plans for Institution for Savings presents an informal review for a new bank. After reviewing plan drawings, TH states that some parking may be in the no build zone, and suggest that this will be reviewed very closely. Also, would like a planting schedule with native species. TH motions to send letter stating the issues of the board. RW seconds. Unanimous.

LP presents details on 199 Atlantic Ave. in regards potentially to allowing a pile driver needed on beach to remove pilings that might fall on the house. The equipment will probably destroy the dune, and the question is what to do with the rocks on the beach. TH suggest that building inspector look at house and if he declares an emergency, then have owner make a direct application to the Conservation Commission and DEP.

SITE INSPECTIONS

No discussion on this item.

IA motions to take the meeting to Executive session and not return to regular session. TH seconds. Unanimous. Meeting adjourned at 10:30 p.m.

EXCUTIVE SESSION: Falling Leaf