Salisbury Conservation Commission Minutes

June 15, 2005

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

Absent: Pat Fowler

RW opened the meeting at 7:20 under the wetlands protection act and the Town of Salisbury Bylaws.

Request for emergency Order of Conditions Mass highway, culvert, headwall collapse and replacement on Route One was presented by Robert Boon, the district environmental engineer for Mass highway department. RB stated that a culvert collapsed at the side of the road and the road is deteriorating. This area is located across the road from Hudson’s property. Discussion followed on the impact to the wetlands, in particular the endangered species in that area. TH concerned that approval of all the work before allowing time for National Heritage and Coastal Zone Management to assess would allow an endangered species and other wildlife to be negatively impacted. Also discussion followed on whether Army Corps and EPA should be notified. KA motions to approve the request for permission to repair and replace culvert and headwall collapse as needed. IA seconds. TH states that his concern is that wildlife in the area will be negatively affected if certain conditions are not added to permission. He suggests that the drainage not be re-opened until Fish & Wildlife can look at this issue. RW declares a three minute break. Meeting resumes at 7:50 p.m. TH motions to amend the motion to allow the work required to repair the headwall and sidewall as necessary, and to shore it up, but that the existing culvert not be opened up or replaced until we have received impute, on site or in writing, from the Natural Heritage Program, and until we ensure that US EPA and Army Corps of Engineers have been made aware of the project. RW seconds for purpose of discussion. More discussion followed on the flow of the creek and possible effect on the wetlands. KA asks the board to move the question. Vote on the amendment to motion is: Yes by TH; No by KA, IA, DH, and RW. Vote on main motion is: Yes by KA, IA, DH, RW; No by TH. Main motion passes. Amended motion fails.

BUILDING PERMITS

No building permits were presented to the board.

MINUTES

IA motions to approve July 21, 2004 minutes with the minor changes requested by RW and TH. KA seconds. Unanimous. KA motions to approve June 1, 2005 minutes. LP has a questions on minutes. Discussion follows. TH motions to continue the June 1, 2005 minutes to the next meeting of July 6, 2005. DH seconds. Unanimous.

PUBLIC HEARINGS

Public hearings were opened at 8:10 p.m.

#1. NOI: Chris Fraser, 114 Bridge Road. The Cammett engineering representative, Matt Stinel presents new revised plan, and due to some of the members not having a chance to review the documents, KA motions to continue to the next meeting of July 6, 2005 at 7:15 p.m. TH seconds the motion. Unanimous.

#2. NOI: Peter Lee, 9 Atlantic Ave., Eric Botterman, with Millennium Engineering, states that he mailed the revised plans to CZM the day after the last meeting and are waiting for a formal reply from Rebecca Haney. RH met with LP last week and discussed the rezoning issues with LP but did not prepare a report to date and will need some more time to provide a definitive report to the Conservation Commission. Matt Persard, with CZM, has not responded to the Conservation Commission and the board would like his response in writing. Some discussion followed regarding the design proposals, namely density and velocity, as this property is going from a single family home to six condominium units with twelve parking spaces. IA motions to continue this to the next meeting on July 6, 2005 and in the meantime have a letter from Matt Persard regarding whether this structure be zoned engineering, comments from RH to the board. DH seconds. Four in favor and KA abstaining.

RW comments that this hearing was never opened and discussion was on what the board will need for the next meeting and to continue this to the next meeting.

#3. 6 Old Elm Street, Eric Botterman with Millennium presents the plans. The proposed plans include a building of 100’ x 150’ which will house an indoor batting cage. A parking lot with 59 spaces and two detention ponds to treat the run-off from the site. The existing house on the site will be razed. Discussion followed on a request from an abutter for curbing instead of a detention pond. EB says the plan meets all setback regulations. TH motions to continue to the next meeting on July 6, 2005 at 7:15 p.m. so Mr. Sawaka, the abutter, can review this and that Mr. Sawak be informed that the Conservation Commission prefers a swale rather than curbing to replace the detention pond, and that Mr. Sawaka should reply with a comment to the board by June 30, 2005. IA seconds. Unanimous.

#4. Sherry Libby, 25 11th Street, The proposed project replaces a single family home with the same in a slightly different footprint on pilings. The structure will be approximately the same size as the existing structure which is currently block foundation. TH moves to approve the project. KA seconds. TH moves to amend the motion to require the use of stone and a revised plan showing this be presented to the board. Also required is a change in elevation to 10.5’. Unanimous.

#5. George Hughes, 7 McCarthy Way, An abutter reviews the plans presented by Brian Knowles noting that the parking is out of the wetland area. MR suggests that parking be under the building, which will push the height to the maximum height allowed. Currently there are six single family homes on property. MR sent preliminary comments to LP via email yesterday. TH moves to continue this until the next meeting on July 6, 2005 at 7:15 p.m. IA seconds. Unanimous.

#6. Northpointe Builders, LLC, Off Seabrook Road, Apple Associates presents the plans to the board. The revised plan increase the replication for the site as the board had recommended. LP says that Wessan and Sampson, storm water management firm will need a signature from the chairman. Apple Association will provide a complete copy of the 40B drawings to the board. KA motions to continue this issue to the next board meeting on July 6, 2005 at 7:15 p.m., with the conditions listed to be completed by the next meeting, which include: site walk on June 27, at 5:30 p.m., (rain date of June 28th), the consultant to be invited to the site walk, chairman’s signature for Wesson and Samson contract. IA seconds. Unanimous.

#7. Mark Welch, 7 * 9 Bridge Road, John P. Judd, representative for the owner, presents plan to build a new Institute for Savings Bank on a two acre piece of land. The firm representing this project is Gateway Consultants located in Lynnfield. The building of approximately 90,000 square feet will be completely outside the buffer zone. Parking will be inside the buffer zone, but the project will remove more pavement presently there on the property. Landscaping details were reviewed and discussed. TH moves to continue this to the next meeting on July 6, 2005 at 7:15 p.m. and to request that the planning board engineer review the plans, and also that Mary Rimmer review the plans regarding vegetation and submit her report to the board by July 1, 2005. IA seconds. Unanimous.

#8. Harry Fogg, 2 Linda Lane, This was re-filed with Eric Botterman as the representative. The board is waiting for DEP comments. Discussion followed on details of the plan. KA motions to approve the plan. TH seconds for discussion. TH says that he would like to add to that motion that no decks be added to the house on the front of the structure, and that a drainage system be consistent with the drainage systems previously approved on the adjoining lots.

NEW BUSINESS

#1. Joseph and Judy Casey, 88 Railroad Ave., paving request. The applicants are not present so LP updates the board with the details of this issue. Afterwards, RW suggests that the applicants prepare a plan with drawings and pictures showing their request. LP will instruct them to formally file a plan.

#2. DECM LLC, Amendment to Superseding Order of Conditions, TH moves to continue this to the next meeting on July 6, 2005 at 7:15 p.m. RW seconds. Unanimous.

#3. Michael Wolpert, 35 Lafayette Road and 33 Lafayette Road (abutter’s property), Michael Wolpert makes a complaint to the board that he was not notified before the last meeting that his property was on the agenda, and that he would like to be notified in the future if any of his property in on the agenda. TH updates what was discussed by the abutter and the board at the last meeting regarding his abutter’s property of 33 Lafayette Road. MW shows the board pictures of the properties showing some flooded area due to the heavy rains. TH suggest that MW contact the neighbor and that a swale could solve the current drainage issue.

#4. Anne Connolly, 516 North End Blvd., Amended Site Plan for parking below building, Ron Laffely presents the revised plan, which proposes a concrete slab and ramp for parking. RL says it is better than the currently full foundation on the existing house. Concerns were that the ramp would not be 50% open and that CZM should review this first. TH motions that Rebecca Haney review this proposal and submit a report before the second meeting in July on July 20, 2005 at 7:15 p.m. DH seconds. Unanimous. RL is reminded that the abutters will need to be noticed regarding the new revised plan, and that it also be re-noticed in the newspaper.

#5. Thomas Burke, #4 5th Street, Amended site plan for parking below building, Ron Laffely presents the plan to board to tear down a building and put a smaller building on steel pilings with parking underneath. TH states that this is substantially different from the original plans and that this needs re-noticing in the newspaper, and a CZM review. TH says the CZM review could start now while the notifications are being done. A similar structure is located on Plum Island at the old church site, and DEP approved that project. RW suggests talking to the Conservation Commission agent of Newburyport for more information.

#6. Patricia Fowler, 28 Rabbit Road, Preliminary hearing for ANRAD, Ron Laffely presents plan to the board. He requests that MR walk the site to agree on point of delineation of the wetlands and that this be agreed upon before filing for ANRAD. KA motions to have MR look at the property to delineate the wetlands area. TH seconds. Unanimous.

#7. Mark Audette, Rings Island Marina, Annual maintenance, Mark Audette is not present. TH motions to continue to the end of the meeting. RW seconds. Unanimous.

#8.Discussion regarding meeting with CZM, (storm damage). LP updates the board on what the state might be doing in that area. The state does not have any intention to do much, and there are problems with stairs and steps cropping up everywhere without permission. Also there is a discussion about a home owners’ property where boulders are located, and how home owners might be organized to re-nourish the beach area. Replanting is needed to protect these homes. Discussion followed on filing either a NOI or a RDA for placing stairs or walkways on the beach.

Jean Soucy, a resident on 199 Atlantic Ave. discusses the problems of heavy equipment working on the beach around low tides to remove the debris. RW says he is willing to look at the site with a contractor.

Tom Saab, a North End beach resident, has a cliff problem and is worried that visitors on the beach may become injured trying to access the beach from the cliffs of sand. He suggested that he would spend his own money to repair if he could get permission to bring in some heavy equipment on the sand.

Mr. Egan speaks regarding the issue of having a MEMA agent look area and possible declare it an emergency situation. IA motions to send a letter to Mr. Cook to reconsider the situation due to the damage to the coat of Salisbury beach and that it be declared an “emergency” and that help from the state. Also equipment be allowed, if needed, to make the beach safer. KA seconds. Unanimous.

TH suggest that a group of people get together to dot the work and file a NOI jointly, and let the DEP review the situation. KA motions to waive the town portion of the fees for a NOI. DH seconds. Unanimous.

OLD BUSINESS

DH moves to take #3 & #4 out of order. RW seconds.

#3. Seabrook Logging Enforcement Order, Mr. Bassett and Mr. Hoelzer appear before the board to present a plan for the removal of trees on their properties. TH asked them about the number of trees they plan to replant. Some discussion followed on removing stumps and types of trees to replant. KA motions to suspend the enforcement order in effect and have the owners report back to the board at the meeting scheduled for November 16, 2005 at 7:15 p.m., regarding progress of the plan they submitted tonight. Meanwhile, if their plan changes, they should notify the board as soon as possible. TH seconds. Unanimous.

#4. High Tide Realty Trust, Lew Nichols & Maureen Nichols, 110 Elm Street, Eric Botterman presents the plan for Lew Nichols. Wetland flags are needed. MR needs to follow up on that and LP will contact MR to do the final on this property.

#2. DECM LLC, Amendment to Superseding Order of Conditions, The applicant requests impute from the board. The board suggests that a new filing under the bylaws would be best since, it is not yet a 40B, and that some houses in similar projects have been denied. TH discusses the application for the road, and the materials proposed for the road.

TH motions to adjourn the meeting. KA seconds. Unanimous. The meeting adjourns at 11:54 p.m.