Conservation Commission Minutes
October 19, 2005
Members
Present: Rick Whaley, Kevin Avery, Tom Hughes, Pat Fowler & David
Hanstron
Members
Absent: Iora Alexander
Meeting called to order at 7:15 P.M.
Minutes:
Minutes for
TH move to continue to
next meeting 11/2/2005.
Seconded by DH. Unanimous
vote.
Building
Permits:
Request to
sign building permit for
Motion to sign by KA. Seconded by TH. 4 in favor. 1 abstained. In favor - DH, KA, TH
and RW. PF abstained from
voting.
Request to
sign building permit for
Motion to
sign by KA. Seconded by TH. Unanimous vote.
1.
Public Hearing: ANRAD, Densen Construction,
Request to
continue by applicant.
Motion to continue by KA to November 2, 2005 at 7:15 P.M.
Seconded by TH. Unanimous
vote.
2.
Public Hearing: NOI, Robert Jacobs,
Represented
by Eric Botterman of Millennium Engineering
Request for continuance by applicant. Would like status from Mary Rimmer. Conservation Commission members had not
received any update.
Motion to continue by KA. to
11/2/2005 at 7:15 P.M.
Seconded by TH.
Unanimous vote.
3.
Public Hearing: NOI, Michael ONeill,
Ron Laffely of represented
applicant.
KA asked if the elevation was 9 ½. TH asked if elevation was at ground level
saying that we need to make sure it is 10 feet.
TH if 9 feet above now it is o.k.
TH asked if side was open.
Applicant stated it is.
KA pavement gravel paved? KA
said you are entitled to curb cut. RA
said dont they have 5 feet. TH said the
DEP says no pavement. KA said personally
would approve tonight if pavement crossed out and gravel put in and 5 foot
apron. KA need plan showing only apron
and the rest is gravel. TH plants?
TH be careful because later if plants are not there - who ever is on
Con. Com. Will want those to be there.
TH native to area that grows natural.
TH bayberry, New England Wildflower Society has excellent
suggestions. TH said that planting
schedule was also needed. TH make sure
that what is on plan is what you plant.
RW said American Beach Grass. KA
asked can we continue is it o.k. with applicant? KA
Motion to continue by KA to 11/2/2005.
Seconded by TH. Unanimous vote.
4.
Public Hearing: NOI Kristina Ostman,
Represented
by Eric Botterman of Millennium Engineering
Applicant
removing concrete and put in garage.
Resulting in net reduction of pavement.
TH if we
get higher up in DEP to agree with this we can allow things like this.
Motion to continue by KA to 11/2/2005.
Seconded by TH. Unanimous
vote.
Abutters
present at the meeting asked to be heard.
Abutter Ernest Sofia said he would not be in town the next meeting and
gave permission for his neighbor to speak for him. (V. Mauti Sr.) TH said maybe we can take a
second and hear concerns. TH is it your
concern that this is going to make your property worse? Abutter showed pictures of the property. Abutter said that water bubbles up in the
back of property. TH said maybe agent
could look at drainage.
Eric
Botterman said run off from the roof will absorb on property in the impervious
ground.
5.
Public Hearing: NOI, Arthur Broadhurst,
Represented by Eric Botterman of M.E.
Request for
continuance. Needs to get information
from the Army Corps. Of Engineers.
Motion to continue by KA 11/2/2005.
Seconded by TH. Vote unanimous.
6.
Public Hearing: NOI, Brian Cameron,
Mr. Cameron
presented his plans. He said he had made
building smaller to be out of the no build zone. Building size 52 X 39 ½. KA asked if that was the building
envelope.
TH asked if
the were using just silt fence. Mr.
Cameron said they were using silt fence and hay bales around the whole property
and was also done with demolition permit.
Motion to accept plans bye KA. Seconded by TH
TH asked who did the wetlands lines? Mr. Cameron
said Kairos Bill Decie.
Unanimous vote.
7.
Public Hearing: NOI, Harold Nabhan, 25 Broadway
Mr. Nabhan
said that several years ago, part of the building was demolished per request
from the Building Inspector, K. Surette.
Mr. Nabhan introduced his representative, Daniel Padien/Project
Manager/Senior Environmental Scientist.
Mr. Padien
said the property is known as the
Motion by continue by
TH to 11/2/2005.
Seconded by PF.
Vote unanimous.
TH asked if
they were using pressure treated lumber?
Daniel
Padien said that pressure treated lumber is pretty much forbidden.
RW asked if
using four by fours spliced.
DP said
yes.
DF said
required for the continuance.
RW asked if they had a narrative? DP said yes there is a narrative supplied with NOI.
8.
Public Hearing: NOI, Gary Montiminy,
Eric Botterman of M.E representing applicant.
Business is G & G Cycles. Mr.
Montiminy would like to construction warehouse in back of property. Detention pond on property. Wetlands on property. TH asked if impact is just discharge to
basin. TH said he would like to see the
engineering review but it looks pretty straight forward. TH wetlands do they extend to other
property. TH move to continue, would
like to see what Planning Board puts on
it and check drainage. EB stated that
DEP did issue a number along with comments.
TH said we need to continue to address comments. TH asked who did the wetlands. EB said Kairos Environmental. Motion to continue by TH to
11/2/2005.
Seconded by KA. Unanimous
vote.
Old Business:
1.
Michaels Way
Motion to continue by TH to
Seconded by
KA. Have not received response from Mary
Rimmer.
Vote in favor KA, TH
and PF. Vote to abstain DH.
Vote carried.
2.
Request for C. of C. by Pearson, for
property at
Request for continuance by Mr. Pearson.
Have not received review response from Mary Rimmer.
Motion to continue by KA to 11/2/2005.
Seconded by TH. Vote unanimous.
3.
Request for C. of C. by H&M
Industries, for property at
Motion by KA to sign Certificate of Compliance for
Vote unanimous. Check the vote.
4.
Sand Fill Robert Palmisano, Casino
Motel,
Represented by Ron Laffely.
Enforcement
Order #5.
RL said he
had not seen response. TH said we need
to look at what type of sand used. TH
said that is was premature to have this on the agenda is not fair and should
work with owner. KA said there would be
more damage done to remove, just put 6 inches over. RA said it only happened in the last two days
and we are not trying to exclude anyone.
RL said he was just saying that he had not received emails. TH continue to 11/2 so we can read e-mails
and respond. RL if continue we will go
into another planting session and may not be able to do planting. KA said it is a shame to mess up planting
season. TH is 11/2/ just two weeks
off? RL maybe we can work with TH or
other member to get planting done. TH is
we agree to encapsulate we should get something done. KA such a minute issue. TH said not really minute, sand is blowing
around.
Motion to continue by TH to 11/2/2005.
Seconded by RA for discussion purposes.
KA and PF feel they should move forward and get this done. PF said encapsulate and get it planted. Course sand on top and get it planted. RL said if you want rogosa, we can plant. Agent said the DEP said no more regosas. KA said no DEP said just not
preferred. Casino Motel RL said eight
inches of sand and plant. TH if the intent
of Conservation Commission was to fill in the pool then it is o.K.
Vote 3 opposed to continuance PF, KA & DH.
1 abstained TH.
Vote to continue to
11/2 does not carry.
KA motion to allow to finish with 8 inches acceptable sand (right granulation)
on to of existing fill and plant. RL can you give me a
source? KA just do the best you can on
getting the granulation and plant. KA to
TH did you look at this I cant believe you even made these people do
this. RL fine the sand and let engineer
take responsibility. RW we already gave
him cart blanch and so now we are in mess.
TH how are going to know if right grain?
RL just tell us where to buy. TH
your engineer needs to supply sampling results.
TH took e samples 2 in fill area and 1 from beach. TH grain size needs to match beach sand.
Motion by KA for applicant to place 8 inch layer of adequate beach sand
same area. Engineer is to certify that is
adequate before spreading the sand.
Seconded by PF. Vote unanimous.
Motion to take out of order F5.
Seconded by KA. Vote unanimous.
F5.
TH said that the
Enforcement Order was not ratified, so is now null and void; however we might
just work with owner. KA take off agenda.
RW opposed. PF, TH, DH and KA in favor.
E1.
Deleted duplicate.
E2.
C of C requirements Frank Gorman,
Motion to continue by TH to 11/2/2005.
Seconded by KA.
Vote unanimous.
E3.
Request for Certificate of
Compliance by Dan Wilson,
RW asked Dan
Wilson if the engineer had looked at the engineer that had brought him
through the NOI. DW said that engineers
had already looked at Joe Serwatka and others. KA told DW to get a letter from Joe Serwatka.
Motion by KA to issue Certificate of Compliance for
Seconded by DH.
Vote unanimous.
E4.
Request for Extension of Order of
Conditions by Angelo Rignoli,
TH asked
what was Order of Conditions for? AR to put house in. TH? When Done? AR said hopefully by 6 months.
Motion to extend Order of Conditions for 2 years from today (October 19,
2005).
Seconded by PF.
Vote unanimous.
E5
Parking surface requirements, Lou
Minicucci,
Represented by Ron Laffely stating that 13% is pervious.
Pavers.
Four
generations live on site ranging from 85 years to 4 months. Would like to take out all the pavement. Have pavers just for walking area to allow
elderly peoples to walk across. Delete
part of plan. Main subject is type of
pavers. Stone dust or pea stone as an
example 132 North End boulevard used stone dust and pea stone can not
plow. Report draft from NJ, TH said
the study referenced was storm water management. TH if you did the same sq. footage I have
no problem with it. KA we have issue
with one person we have asked to remove pavers and her we are saying we can
allow pavers.
RL said
that he would like to file a NOI requesting to use pavers just for a case. TH we should have a list of materials
acceptable to use at the beach. TH you
already have Order of Conditions so you can just file for Amendment to the
Original Order of Conditions.
E6.
Discussion regarding driveway at 12
Ferry
Proposed
driveway for house but was allowed to use existing. KA said there was nothing in the
minutes. Advised the applicant to
re-notice and request Amendment to Original Order of Conditions.
Enforcement Orders:
F6.
Owners said
that they had just received the Enforcement Order just this day.
DH said
reviewed because of complaints received by e-mail. E-mail complaints were regarding tree
cutting. DH said he looked at
property. Owner said Con. Com. Did not
have the right to go on property. DH
said if he had been told not to go on property then he wouldnt have done
so. Owner was cutting trees without
permission or plan. Picture presented of
neighbors trees that are up rooting. DH
said enforcement order as because he didnt know how long drain pipe had been
there. KA we thought you installed drain
pipe. Owner said that the drain pipe
had existed for 20 years ago now cleared out.
KA said he would volunteer to look at whole situation. KA asked owners if they would mine him
looking at property. Owners said no do
not mind.
TH just
only if wetlands are involved. On drain
only if wetlands are involved.
Motion to continue by TH to 11/2/2005.
Seconded by PF.
Vote Unanimous.
KA to look at property.
Other Business:
Mary DeFrancesco,
Ms.DeFrancesco
stated that the filing was done papers never processed. Town water run off caused damage to
structure. Like to get this resolved
before cold weather. Town water pipe
connects to Grandmothers house but it freezes from time to time. Under porch and pavement. We are her because of pavement. Under the porch used for parking. DEP ruling of repaving at
KA 70
Motion to go into Executive Session following the regular meeting by PF.
Seconded by TH.
Unanimous.
Motion to adjourn meeting by KA.
Seconded by TH.
Unanimous.
Regular meeting
adjourned at 9:50 P.M.