Salisbury Conservation Commission Minutes

August 3, 2005

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

Absent: Kevin Avery

RW opened the meeting at 7:10 under the wetlands protection act and the Town of Salisbury Wetlands Protection Bylaws.

MINUTES

IA motions to accept the minutes for June 1, June 15, July 6, and July 20 of 2005. DH seconds. Unanimous.

BUILDING PERMITS

Ron Laffely presents a building permit for 6 9th Street. PF motions to approve, sign and date. TH seconds. Unanimous

PUBLIC HEARINGS

Public hearings were opened at 7:15 p.m.

#1. NOI: Northpointe Builders, LLC, Off Seabrook Rd. Brian Knowles presents new revised plans. TH requests to see comments from Mary Rimmer before approving. Discussion followed on the buffer zone and setbacks. Chris Perkins will submit a summary by August 12, 2005 and requests to be on the next meeting agenda. TH motions to continue this to August 17, 2005 at 7:15 p.m. TH seconds. Unanimous.

#2. NOI: Craig Hudson, 46-48 Bridge Street. TH steps down from board. Mr. Hudson, the owner is proposing a boat storage for year round usage on this property. Most of the area will be stone, and a buffer area in back of property is planned. RW suggests that MR should look at the buffer area in back closest to the wetlands. PF motions to refer this item to MR for review. IA seconds. Discussion followed on drainage of property. PF amends her motion to include having Matt Presard review also. IA seconds amendment to motion. Unanimous. (TH not voting)

#3. ANRAD: Lobster Gram, 44-46 Rabbit Road. PF steps down from the board stating that she is an abutter to this property. After reviewing the drawing presented, TH notes that the A22 flag seems oddly placed, and discussion followed on whether or not to have Mary Rimmer review this property. TH moves to continue the item to August 17, 2005 at 7:15 p.m. and refer this project to MR for review. TH will volunteer to visit the site with MR. DH seconds. Unanimous. (PF not voting).

#4. NOI: Thomas O’Hara, 41 Old County Road. Owner originally possessed 165 acres, and sold off most to Fisheries and Wildlife retaining only 2 house lots near the from of the property. Lot 1 is wetlands. Lot 2 is the proposed site for a house outside the 40’ buffer zone. Owner plans to place house as far from the wetlands as possible and replicate the area in a ratio of 2:1. Discussion followed and TH motions to continue the item to August 17, 2005 at 7:15 p.m., and refer this to Mary Rimmer for review, flag the nearest road, and require the applicant to provide plans clearly describing the alteration area and the square feet of that area. IA seconds. The owners speaks stating that this property has been in his family for three generations. Vote: Unanimous.

#5. NOI: Danny Peck, 79 Folly Mill Road. Millennium presents plans to construct a new home with small deck, septic system, and retaining wall. PF volunteers to visit the site for inspection as some concerns are voiced over the retaining wall. TH moves to continue to the next meeting on August 17, 2005 at 7:15 p.m. PF seconds. Susan Richardson, an abutter on 77 Folly Mill Rd, speaks about concerns that water from the road will increase after construction and the possible removal of trees will cause more flooding. Robert Richard, 75 Folly Mill Rd, also expresses his concern about flooding in the area after construction of the proposed project. TH moves to have the applicant state the area where the retaining wall would be constructed. TH moves to send a letter to the developer of the subdivision across the street which apparently has already caused more flooding problem in the area. TH amends his motion to continue this to September 7, 2005 at 7:15 p.m. PF agrees to second the amendment to the original motion. Unanimous.

RW calls a 10 minute recess at 8:40 p.m. Meeting resumes at 8:50 p.m.

NEW BUSINESS

#1. John Devine, 340 North End Blvd., Owner makes a request for a Certificate of Compliance. JD says he sold the property last week and is trying to clear up the paperwork for the new owner. He did some work back in 1982 and never obtained a Certificate at the time. JD presented the documentation showing permits, and Order of Conditions granted in 1982, and other pertinent documentation. IA motions to grant the Certificate of Compliance. PF seconds. TH moves to table the item until LP can locate the property file on the Micrometry database. DH seconds. Unanimous.

#2. Frank Gorman, 227 Beach Road. Owner makes a request for a Certificate of Compliance. TH moves to continue this item to August 17, 2005 at 7:15 p.m. DH seconds. Unanimous.

#3. Mark Audette, Rings Island Marina. TH moves to continue to the next meeting on August 17, 2005 at 7:15 p.m. PF seconds. Unanimous.

#4. Colechester Development, on North End Blvd. Ron Laffely present the project on the property described as across the street from the Ten’s Club. The plans propose a 8000 square foot five-story building, with 1200 square feet of deck on the back. This would be a combined residential and commercial property located on a 12,000 square foot lot. More discussion followed on the details of drainage, parking and buffer zones. An abutter, Edwin Hunt stated that he supports the project. Applicant is requesting comments from the board and also a review committee to be comprised of members from the Conservation Board, Zoning Board , and Planning Board.

TH moves to return to the item tabled earlier. RW seconds. (This was item #1, John Levine.). IA amends her original motion to include a site visit by the chairman, and grant authority to the chairman to sign the Certificate of Compliance upon the approval of the project after inspecting the site. PF agrees to second the amended motion. Vote on amendment: Unanimous. Vote on original motion: Unanimous.

OLD BUSINESS

#1. 101 North End Blvd. TH moves to put together an Enforcement Order for this item and place it on the next meeting’s agenda on August 17, 2005 at 7:15 p.m., and notify the owner to attend. RW seconds. Unanimous.

#2. Michael’s Way, Request for Certificate of Compliance. TH moves to deny the Certificate of Compliance. IA seconds. Vote: 3 in favor, 1 opposes (PF), and 1 abstaining (DH). Motion passes.

#3. High Tide Realty Trust, Lew Nichols & Maureen Nichols, 110 Elm Street. TH moves to continue to August 17, 2005 at 7:15 p.m. IA seconds. Unanimous.

#4. Richard Monahan, 479 North End Blvd. TH moves to continue to September 7, 2005 at 7:15 p.m. DH seconds Discussion followed on restoring. LP spoke with contractor. Unanimous.

SITE INSPECTIONS

No site inspections were on the agenda.

ENFORCEMENT ORDERS

#1. Dennis and Jessica Desell, 60 Cable Ave. 9A. Wayne Adams, 114 Cable Ave). TH motions to refer t his to DEP, send a letter to the selectmen in Salisbury to revoke the business license of Wayne Adams, a contractor in town. IA seconds. Unanimous.

#2. 12 Joy Road. This has been referred to DEP once and the board agrees to refer it to DEP again.

#3. LP presents the details to the board on this item. New owner has not been notified that the previous owner had an Enforcement Order on this property. TH moves to reissue the Enforcement Order and notify the new owners, asking them to attend the next board meeting on August 17, 2005 at 7:15 p.m. IA seconds. Unanimous.

Board discusses t he issue of 11 North End Blvd. Discussion followed on curbing and asphalt area in the plan proposed for the site. TH moves to send a Notice of Violation for 11 North End Blvd., for paving beyond the area shown on the plans. PF seconds. Unanimous. Ron Laffely steps up to the board and disputes the issue raised on 11 North End Blvd. After some discussion TH motions to rescind his motion. PF rescinds her second. Vote: Unanimous. RW requests this item to remain on the agenda for the next meeting on August 17, 2005 at 7:15 p.m.

TH moves to go into Executive Session after signing the documents presented to them tonight, and to adjourn thereafter. DH seconds. Unanimous.

EXECUTIVE SESSION

Executive Session begins at 10:30 p.m. Discussion followed on 375 North End Blvd. TH motions to end Executive Session at 10:45p.m. RW seconds. Unanimous.

RW motions to adjourn at 10:30 p.m. TH seconds. Unanimous.