Conservation
Commission Minutes
November 16, 2005
Members Present: Rick Whaley, Kevin Avery, Tom Hughes, David
Hanstron &
Members Absent: Patricia Fowler
Meeting called to order at 7:19 P.M.
Minutes:
November 2, 2005
Motion by K.A. to continue until the next meeting. Seconded by TH.
Unanimous vote.
Building Permits:
B. Weiker,
Motion to sign building permit by KA. Seconded by TH. Vote
unanimous.
John Savva Architect representing Fraser Pontiac,
Motion to sign building permit by KA- Fraser-GMC Pontiac. Seconded by TH.
Vote unanimous.
D.
1.
Public Hearing: NOI, G. Hughes, 7 McCarthy Way
Represented by Ron Laffely and Brain Knowles - Drainage
RL said 6 buildings sit inside marshland. RL - proposing single family
units - parking in front of building - minimal salt marsh alteration.
Grading - road to building - crushed stone - elevated structural slab.
BK - proposing roadway - stone and marrify fabric and pea stone. Maybe
send out Matt Brassard to look at drainage. Utilizing sewer stubs
connected to proposed buildings. Parking restored. Few areas of snow
storage between buildings. IA asked about restoration plan. BK said
that work was in progress - grading. RL - restoration plan is to put salt
marsh back - remove stone and add fill to have salt marsh grow. RL want
canal extended to keep phragmities out. TH please stake out on the ground
where you will want to do restoration. TH would like to see buildings
staked out and where restoration will be. RW - refresh me by stating your
plans.
RL said - six buildings - smaller footprint to be outside the zone as much as possible.
RW parking in front? RL - one parking under, one outside and one
quest spot. All building on piles. Salt marsh and grass. RW -
grass planted? RL between buildings. RL said between buildings
grass is coming up through crushed stone. RW - looking to get comments
from Conservation Commission and people in audience. Jill Murphy abutter
stated that October 24, at request of neighbor letter sent to RL - regarding
during research ROW only 200 feet long. Letter was sent to RL and BK regarding
ROW being only 200 feet. BK said that he had looked at the Gages deed.
RW asked how does this affect our dealings with wetlands? Ms.
Murphy basically these are Planning Board issues but if you grant this it
clearly has not been granted for move than 200 feet. What is there now is
small cottages - we are talking about buildings that are significantly
different in use. KA no drainage issues? TH ramps, are they sloping
back to same area they are going now? KA would rather have Mary Rimmer
look at this Salt Marsh issue - restoration. LP - outstanding motion to
have Mary Rimmer. RW - have Joe Serwatka look at with respect to wetlands
- when he does the Planning Board review. Motion by KA to continue
RL - how are we to notify Mary Rimmer? LP - send plans and we will let
her know what they are for.
2.
Public Hearing: Northpoint Builders, LLC, Seabrook Road
Motion to continue to December 7, 2005. Seconded by DH. Vote
unanimous.
RW - Weston & Sampson and Mary Rimmer satisfied?
Motion by KA to take #8 Public Hearing, NOI, Peter Carbone, 2 Broadway out of
order and continue to
December 7, 2005. Seconded by DH. Vote unanimous.
3.
Public Hearing: ANRAD, Densen Construction,
James Delanski of Seekamp representing applicant. Letter from MR dated
11/9/2005 endorsing request. RW - MR O.K. with changes - approved?
TH would have been nice to have letter to us.
Motion to approve by TH. Seconded by KA. Vote unanimous.
4.
Public Hearing: NOI, Robert Jacobs,
Motion by TH to continue to December 7, 2005. Seconded by KA. Vote
unanimous.
5.
Public Hearing: NOI, Michael O'Neill,
Motion by TH to continue to December 7, 2005. Seconded by KA. Vote
unanimous.
6.
Public Hearing: NOI, Arthur Broadhurst, 3 Sixth Street
Represented by Eric Botterman of Millennium Engineering & Bill Decie of
Kairos Environmental. Property being washed away. Plan showing
existing riprap proposing to put new rip wrap. Army Corps of Engineers
permit is believed to be forthcoming. Mike Able of DEP said repair is
approved but salt marsh is not. EB no work proposed in salt marsh.
I believe we have addressed DEP and Army Corps issues. RW - any
questions. IA - have you addressed their concerns? RW asked if they were
covering with cage or anything. Bill Decie said they would be using a
Geotec material. RW stated that in Amesbury he saw some kind of fabric..
BD said that is used for large rocks.
Motion to approve as presented by KA. Seconded by IA. Vote
unanimous.
Ray Pike,
BD said I believe that we can send a copy of letter because I can not believe
they haven't received letter yet. RW - read letter from Division of
Fisheries & Wildlife
Amend motion by KA to include letter from Fish & wildlife. Seconded
by DH. Vote Unanimous.
7.
Public Hearing, NOI, Gary Montiminy,
Represented by Eric Botterman. Planning Board approved project. At
the last Planning Board meeting there was a letter from Joe Serwatka saying he
had no Wetlands issues. PB suggested changing plantings around pond.
KA, I see nothing wrong with the project.
Motion to approve include page 2 from Joe Serwatka report. Seconded by
DH.
RW read 1st page of letter from Joe Serwatka - the bottom of page
read....prohibits vehicle and maintenance..
RW said he would like to see the entire letter. TH
said a copy of letter should have been supplied to the Commission. LP why
would we receive a copy of letter if it is addressed to the Planning Board?
KA withdraws motion. DH withdraws second.
Motion to approve contingent on receiving the 2 page letter of Joe Serwatka.
Seconded by DH. Vote unanimous.
9.
Public Hearing, ANRAD, Cardillo Development,
Note: Kevin Avery stepped down for commission due to possible conflict of
interest.
Brian Knowles of Apple Associates represented applicant. TH asked what is
on site? KB - Simon's to the west and driving range - an old house sits
to the back of site. TH asked how far to the river? TH who flagged
property. BK - said Chris Gajewski flagged the
site. TH send Mary Rimmer out to look.
Motion by TH to continue to December 7, 2005 and have MR look at site.
Seconded by DH. Vote unanimous.
BK stated that he had mailed copies to Mary Rimmer already.
Note: Kevin Avery rejoined the Commission.
10.
Public Hearing, NOI, Chris Auto Body, 100 Elm Street
Represented by Brian Knowles of Apple Associates stated that he was in front of
the Commission unfortunately two months ago and a couple of members went out to
look. What is proposed is a 50X55 addition to structure - they want a
lift station. The proposed addition will a painting booth and room for another
car. Also proposed is a motor cycle shop 60X90. No work to be done
in the 25 foot zone. Need to go to ZBA - and do not think it will be an
issue to ZBA. All activity done on stone and gravel with 16 foot of
culvert which was put in 20 years ago. Storm water - there will be
chambers where water will drain into oil separators. Parking - BK did not
want to do pond. BK said he had DEP file and the only issue they have is
-they must be more particular on their drain practices. TH what is the
reason you have to go closer to the wetlands? TH said if you have to go
to ZBA; anyway! KA asked, isn't that area a man made drainage ditch?
TH asked if they had been to Planning Board for this. Brian Knowles
said it was o.K. TH asked if an air quality permit was needed.
Brian Knowles said painting booth was self contained. TH would like
to go out and look at site.
Motion to continue by TH to December and ask Joe Serwatka to look at the site
with respect to wetlands. Seconded by KA. Brian Knowles said he
would like to get the feelings from the commission.
LP asked, do they drive behind the building? Brian Knowles said no - just
a dumpster. KA said they may ask them to move the dumpster. Vote
unanimous.
11.
Public Hearing, NOI, Roger Houle,
Ron Laffely representing applicant. Mr. Houle present.
Bay window, 9 room, 4 bedroom house, asphalt will remain. TH - is the
existing structure staying? RL - yes. Bay window where stairs now
are. TH extending existing foundation? RL - yes - under two
staircases only. IA staircase on
Motion to approve by IA. Seconded by KA. Vote unanimous.
12.
Public Hearing, Amended NOI, Bochenko & L'Heureux, 14 17th Street West
Ron Laffely representing applicants. Mr. Bochenko present.
RL - change 4 units building after ZBA - we are proposing 2 building to make
building seem more in context with the neighborhood. To keep same image -
eliminate parking under buildings - driving areas all crushed stone - no
wetlands within 100 feet of site. Electrical Cable coming in overhead -
have highlighted changes - have improved the site 100%. Only addition is
fence on three sides - open - fro privacy reasons. In terms of impact -
no decks on the buildings - footprint smaller. IA parking in front of
house? RL - yes on crushed stone. TH regarding changes - from 222
sq. feet to 470 ft? What was reason for the increase in size. RL
need room to work - before we had garage area to come up into. TH also
106 to 458 feet of foundation. RL area ways and piles. TH how did
you number climb like that? It has gone up 350 sq. ft.
RL may be two staircases in back. Maybe typo - I will have to go go back
and explore. RL also have added a man hole that we did not have before.
IA not relevant - but are there any plantings? IA would soften look
of building. RL not in line with neighborhood.
Motion to accept by KA to accept Amendment to NOI. Seconded by TH.
Vote unanimous.
E. Old Business:
1.
Michael’s Way, Certificate of Compliance
Note: David Hanstron stepped down from commission due to possible
conflict of interest.
1. Post Bond
2. Trees planted on lots 3 & 4.
3. Wetlands - Mike Seekamp flagged to show and it was determined that
sheds are not in wetlands.
Motion by IA to issue Certificate of Compliance to Mr. Couture, hold bond until
trees have gone through two full growing seasons - which is the end of summer
2007. Seconded by KA. vote unanimous.
2,
Certificate of Compliance, Pearson,
BK representing applicant asked it a bond was needed for two growing seasons?
Replanting bushes that were missing - and have doubled them.
Requesting a continuance for applicant.
Motion by TH to have $5000. Bond for next meeting. Seconded by RW.
Vote unanimous.
3. Kathy Chaisson- Orban, driveway issue.
Ms. Chaisson said this was supposed to be a Public Hearing.
TH move to open Public Hearing. Seconded by KA. Vote unanimous.
Public hearing - abutters present - was advertised and noticed to abutters.
TH said he would like to hear from abutter. Terry Harrington abutter -
said she has a drainage problem - trying to deal with for a long time.
Drain crossed over to drain station - never have given an easement to
Town - lawn sucked out to the marsh. Whole area has been encroached up0n.
We don't need any additional impact on drainage- water problem has
increased since construction - water problem has gotten worse. TH construction
of the house? Abutter TH - building and road - removed plants. Mr.
Chaisson said he does believe it is a Town issue. Mr. Chaisson said he
would be happy to work out things with Terry Harrington. Mr. Chaisson
said also drainage goes onto Mr., LaSage property. Mr. Chaisson said he
would like to help by getting an Engineer to see if they can do something - to
work things out with Terry Harrington. Ms. Harrington said she would be
in
RW continue to January 18, 2006.
Motion by KA to continue to January 18, 2006. Seconded by RW. Vote
unanimous.
6. Clearing
Motion to continue by TH to December 7, 2005 to walk area - RW would like to
include that if you do not see anything, go forward as proposed - or if
limited. Seconded by RW. Vote unanimous.
7. Robert Palmisano,
Mr. Palmisano left message with M. Rowand and R. Whaley to have someone look at
property
and then
paving company went ahead and paved.
TH motion to continue but ask that paving be removed back to 8 feet and come
back December 7, 2005. Seconded by IA. Vote - 3 in favor=RW, TH
& IA. 1 opposed =DH. 1 abstained = KA.
Motion carries.
RL sample of sand. RL needed to give you a report of new sand we are
going to encapsulate (letter 11/16/05).
Motion by DH to move forward and encapsulate with 6 inches of sand.
Seconded by IA. Vote unanimous.
New Business:
3. Repaving parking lot, Kittens,
Mr. Bishop representing owner presented pictures to the commission. LP
why do I think there are still some open issues? TH - I think it was
dismissed. TH would like to see orange paint to show where they are going
to pave. LP - within 100 feet of buffer zone - so we couldn't give
permission. TH suggest orange paint show exactly limit of pavement.
RW asked Mr. Bishop if this is something he could do? Mr. Bishop
said he could.
Motion by TH allow paving - area to be painted with colored spray paint and KA
to visit site to see if this is O.K.
Seconded by KA. Vote unanimous.
TH - Dan Wilson - Certificate of Compliance. Have not received letter.
LP talked to Joe Serwatka and asked that he visit site. TH - Before
next meeting get letter from Joe Serwatka.
TH - Conservation Commission Agent - get comments from JS - comments in hand
for next meeting. RW do not think this requires a vote.
2. Wayne Robinson,
Motion to issue Certificate of Compliance by TH provided Con.Comm member KA
says it is in compliance.
Seconded by KA. Vote unanimous.
5. Patricia Fowler, Rabbit Road
Ron Laffely representing owner. Large site - existing road way -
cul-de-sac - r units, 5th unit built once sewer comes in. All green areas
on sit can be replicated 2 to 1 ratio. Have added family room and garage.
Have lain out so as not to impact wetlands. TH mitigation occurs all at
once? TH needs to make clear that Order of Conditions good only for 3
years so if not mitigated potential owners need to know up front. RL -We
have plenty of area to compensate for man made swale
Motion by KA to go into Executive Session. Seconded by IA. Vote
unanimous
DECM Ferry Road LLC
Motion to adjourn by KA. Seconded by DH. Vote unanimous.