Town of Salisbury

Conservation Commission Meeting Minutes

October 5, 2005

Members Present: Richard Whaley, Iora Alexander, Thomas Hughes, David Holscher, Patricia Fowler, and Kevin Avery.

Members Absent: Michael Greene

Mr. Whaley opened the meeting at 7:10pm under the Wetlands Protection Act and the Town of Salisbury Wetlands Protection Bylaws.

Minutes: The Board voted not to approve the minutes for the September 7th and 21st meeting minutes due to the fact that not all members have reviewed them.

Special New Business:

55 Ferry Road, Henry Richenburg asked the Board for their opinions on removal of 13 pine trees from his property that are posing a safety concern. Mr. Richenburg and his neighbors are in agreement that the trees may fall and cause damage during a wind or storm event. Ms. Fowler asked about potential impact to wetlands. There are no wetlands in the area as far as he is aware. Ms. Alexander motioned to approve that no action is needed. Mr. Avery seconded and it was unanimously approved.

Building Permits:

126 Rabbit Road - unanimously voted to sign.

18 Ocean Street – unanimously voted to sign.

30 Forest Road – unanimously voted to sign.

Public Hearings:

#4 (191 Beach Rd, Densen) and #7 (64 N. End Blvd, O’Neill) were taken out of order to grant continuances to the next meeting on October 19, 2005.

1. Ron Laffley from ??? presented the proposal for 7 McCarthy Way. It was continued to 11/16/05 following discussion regarding stormwater and drainage issues, more details needed on the plans, and Mary Rimmer’s comments have not been received yet. Angela Sorowitz of 127 ??? Rd. was concerned about increased flooding to her property. Attorney Jill Murphy representing several abutters raised concerns about more intensive use of the land, questioned the setbacks and the project not keeping with the conservation commission’s bylaws.

2. Northpointe Builders, LLC requested a continuance for the property off Seabrook Rd. It was unanimously approved and will be continued to the 11/2/05 meeting.

3. Michael Seekamp of Seekamp Engineering presented the project for H&M Industries at 211 Beach Rd. Mr. Hughes and Mr. Whaley raised concerns about ???. Project was approved by a 4 to 2 vote, with Mr. Hughes and Mr. Whaley voted against.

5. Jim Babbin presented the project for Robert Jacobs at 2 Murray St. Ms. Fowler raised concerns about the placement of the proposed sewer lines. Mary Rimmer was supposed to review the project but had not received the plans yet. Mr. Babbin assured the commission that she would receive them in time for her comments to be presented at the next meeting on 10/19/05. Continuance granted unanimously.

6. Wave Properties, LLC at 16 Cable Ave. was unanimously approved.

8. J. Morrison from BB&J presented the project for Steven Gaeta at 9 Trout Way. The elevation of the lawn is required to prevent flooding caused by a beaver dam. It was unanimously approved.

9. Jim Babbin presented the project for Arthur Broadhurst at 3 6th St. Bill Decie from Kairos spoke with CZM, DEP, MFS and ACOE about the project. Concerns from the commission were raised about the lack of information on the floats. Unanimously voted to continue to 10/19/05.

10. Richard Whaley excused himself from the board in order to represent himself for 220 North End Blvd. He presented a plan for stairs over the dune for access to the beach. Unanimously voted for a negative determination.

E. New Business

1. Brian Knowles from Apple Associates represented Mr. and Mrs. Short of 82 Bridge Road for a request for a certificate of compliance. Questions were raised concerning the plantings, buffer zone infringement, and possible damage to the wetland edge. First motion was to have Mary Rimmer perform a site inspection. Vote was 4 to 2, with Mr. Whaley and Ms. Alexander voting against. Second motion was for the Conservation agent to perform the site inspection. Vote was 5 to 1, with Ms. Fowler voting against.

2. The discussion regarding the beach paving rule brought forth a few options and suggestions for amending the rule. Permeable pavement was discussed as an alternative to asphalt paving. Mr. Avery was concerned about frost heave damage and how quickly it can crumble and start to fall apart. GravelPave was found to be acceptable and meets the order of conditions for a slab under buildings instead of a concrete slab. Mr. Hughes motioned to approve it and it was unanimously approved. This information needs to be sent to the building inspector.

F. Old Business:

1. Request for CoC for Pearson, DEP #65-502, Mary Rimmer’s letter stated that the road was eroding and there were several concerns. This item was continued until 10/19/05

2. Request for CoC for McNamara, 533 N. End Blvd, DEP #65-529. Ms. Alexander made a site visit and reported that the site looked okay. She had concerns about some plantings, but ultimately the site looked complete. Unanimously approved.

3. Discussion regarding Michael’s Way – Mr. Holscher stepped down from the board for this discussion. Mr. Avery stated that the road was constructed very well and the individual homeowners issues should be separate from Mr. Kucher. Mr. Kucher would like the project to be split so that he is not responsible for what the homeowner’s may have done on their own property. The Board recommended that Mr. Kucher put up a bond until the project is deemed complete to protect himself. Mr. Kucher was not willing to put up a bond because he thought that was also unfair that he would have to put up the bond. Mr. Whaley and Ms. Pearson explained that the bond would be released and he would be protected as soon as the project is deemed complete. Mr. Kucher seemed to understand their thinking and was willing to consider it. There was then discussion about partially approving a CoC for the road and Mr. Kucher. The individual homeowners would have to come to the Board and get their own properties approved. The final decision was to continue the issue to the next meeting on 10/19/05 and put it first on the agenda.

G. Enforcement Orders:

Board unanimously moved to skip this section since no one was present to discuss these issues.

H. Site Inspection Reports:

There were no site inspection reports.

I. Executive Session:

DECM, 475 North End Blvd – A substantial amendment has been made to the original plans. Questions raised concerning whether or not there was a 40B. Mr. Hughes stated that the wetland delineation was probably outdated and should be updated. Also, paving issues need to be addressed. The board agreed that this project needs to go back to the original plans.

Meeting adjourned at 10:30pm.