Salisbury Conservation Commission Minutes

January 4, 2006

 

 

MEMBERS PRESENT:  Rick Whaley, Chairman,  Iora Alexander,  David Holscher,  and Michael Greene.

 

ABSENT:  Kevin Avery and  Thomas Hughes

 

ALSO PRESENT:  Conservation Agent  Michelle Rowden 

 

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

 

MINUTES

Dispensed as there were no minutes for review.

 

BUILDING PERMITS

No building permits were presented.

 

GENERAL

Richard Whaley presented the official presentation stand which is available for use by all attendees.

 

PUBLIC HEARINGS

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

 

1.    NOI:  George Hughes, 7 McCarthy Way

Brian Knowles of Apple Associates and Ron Laffely of Fulcrum Architects  representing the owners provided an update of the project. IA asked if the stakes are present as she did not see them. RL said stakes were there. IA raised concerns regarding the storm water form needing to be amended. RW asked what they were going to do about the salt water restoration. Reps stated that they are leaving the canal the way it is and will provide amended plan. IA asked if not cleaning out the canal will be a problem and was told no.  RW asked if they had responded to Joe Serwatka and was told no. IA asked if they would respond and address all of  JS’s concerns. Reps replied they will respond  but there has not been time.

RW stated the seems to be some lose ends that need to be locked up such as plans that include the canal, and the restoration area plans. RW stated they needed the final report from Mary Rimmer and Joe Serwatka.. Reps requested continuance.  RW motioned to continue this to the January 18, 2006 meeting at 7:15PM. DH seconded. Motion was unanimously approved.

 

           

January 4, 2005  Page 2

 

 

2.         NOI:  Northpointe Builders LLC, Seabrook Rd (Original 5/18/05)

            DH motioned to continue this to the January 18, 2006 meeting at 7:15PM.  IA seconds.

            Motion was unanimously approved.                                           

 

3.         NOI:  Thomas O’Hara, 41 Old County Rd.                                

            DH motioned to continue this to the January 18, 2006 meeting at 7:15PM.  IA seconds.

            Motion was unanimously approved.       

 

 

4.         NOI: Robert Jacobs, 2 Murray Street

            DH motioned to continue this to the January 18, 2006 meeting at 7:15PM.  IA seconds.

            Motion was unanimously approved.       

 

 

5.         NOI: Michael O’Neill, 64 North End Blvd.

            Owners presented stamped foundation plans. Owners stated they will plant  beach plum shrubs and           grass from the Wetlands grass list. IA stated concern regarding access to parking under and from      back of unit.  IA asked how many units and was told there will be two. IA stated concern regarding             the stairs specifically the stairs platform. Owners state there will be landing. MR stated a gravel     concern and asked if the gravel pave will be on the next plans. MR asked if they have utility plans.    Owners stated they will have a concrete utility room. Owners submitted new plans dated January 4,             2006. RW said that existing pole may be a problem. RW said they will need to know the elevation             plan. IA asked about the curb cuts. MR questioned the pavement. RW stated that all the issues      raised including measurements need to be on  new plans. DH motioned to continue this to the January 18, 2006 meeting at 7:15PM.  IA seconds.  Motion was unanimously approved.  

 

 

6.         ANRAD:  Cardillo Development 163 Elm St

            Brian Knowles from Apple Associates, Inc. representing the applicant stated he is waiting for final             review/approval from Mary Rimmer.   DH motioned to continue this to the January 18, 2006         meeting at 7:15PM.  IA seconds.  Motion was unanimously approved.

 

 

7.         NOI:  Chris Auto Body, 100 Elm St

            Brian Knowles from Apple Associates, Inc. representing the applicant presented an update. IA     asked reply to concerns raised by Joe Serwatka  regarding contour lines and why the contour lines          are not shown. BK stated that they need to determine the groundwater and so they are requesting     permission to dig.  RW asked what will be kept around the digging. BK replied hay bales. RW         asked what will be driving around the back. BK replied nothing but the trucks for dumpster. DH   asked if the truck has to drive off the pavement to get to the dumpster. MR asked if dumpster splits           25 feet. BK stated dumpster will be on gravel that has been there a long time. BK said they will         make new plans.  IA asked if Mary Rimmer would be involved and answer was no. Joe Serwatka      will be reviewing for the Wetland Protection Plan. RW asked what level you are expecting to find   for the physical groundwater elevation.   IA asked if BK will respond to each of JS’s concerns.           RW asked if the new building was outside of the 40 feet off the wetlands. MR stated the DEP had             comments on the storm water . IA motioned to continue this to the January 18, 2006 meeting at 7:15          p.m. contingent on the receipt of a reply to Joe Serwatka concerns. DH seconds. Motion was   unanimously approved.

 

 

January 4, 2005  Page 3

 

 

8.       NOI:  Toler LLC, 208 Elm Street

            Dingfang Liu of Bradford Engineering presented an overview of the proposal. RW clarified that this          is the first time before the board for this proposal. RW asked  for more information on the squail.      Abutters Ed and Kim Lawther, Carla and Brian LeBlure and Ben Bade from Old Elm Street raised      concerns regarding  the water crossing the streets and properties, the proposed commercial business      and  the detention pond. RW asked about the water crossing the street/property and asked if there           is          something showing what it is now and what it will be. RW asked for the elevation at the property             line. The neighbors stated that dumping occurred last summer. The neighbors stated that they             have  more water than ever. The neighbors stated that they now have to pump and they have not had        to pumb in the last ten years. RW asked if the plans show the land before filling. DL said no.   RW    asked if there will be a humb when the project is completed. RW asked for confirmation that will       be         no change in height. DL said the will be no change. RW stated that we will have to have an engineer look at this. IA stated that owners may have to remove some of the hump fill. IA raised          concern on detention. Neighbors raised concern for the neighborhood children’s safety.  IA stated             that you may end up putting up bush and fence. MR asked what type of pond. DL replied a dry           pond. MR stated that Joe Serwatka will have to confirm that it is a dry pond. IA motioned that        Joe Serwatka and Mary Rimmer visit the site at 208 Elm Street  upon receipt of plans and then           continue this filng to February 1, 2006 at 7:15 p.m. DH seconded the motion. Motion was       unanimously approved.

 

 

9.         NOI:  S.B. Oceangate, LLC, 233 Beach Rd.

            Patrick Seekamp presented an overview of  existing hotel and proposed 32 unit condominium        development.  IA questioned the parking. Tim Mulcahy stated the  parking is completely under the   building. MG asked where the utilities would be located. TM said utilities will be brought up to the        first living floor. RW asked what the 4 dark areas on the plans. TM replied they are the decks with   support. RW asked how  many square feet of impervious surface. TM responded now 85% is

            impervious and that after 55% will be impervious. RW asked if there was a landscape plan and     was told yes. IA asked if the lot was deep enough. TM stated over 200 feet deep. RW asked

            what is on the north side and was told Tens. IA asked what  will be on the easterly side.

            TM stated landscape. IA asked what ground material was there. TM responds  landscape,            scrub    and trees. RW asked if the dark portion on the artist rendition was street and TM said yes. DW

            asked what  will be between the deck and street and response was plantings. RW asked if there was        a sidewalk. TM replied that the sidewalk is already there. RW asked if sidewalk curves. The

            response was that it dead ends on other side of Gladys Ave. IA asked if there are curb cuts now. TM state they will eliminate. RW questioned where the runoff from the roof goes. Response was the            run off goes into storm water treatment/under water storage chamber.  RW asked how much runoff

            storage. Response was 20 inches. RW stated that DEP is looking at reductions to impervious

            surfaces favorably. PS stated that  he has the DEP no. 065-0759 and the letter had no comments on

            the comment sheet.  IA motioned that the Commission request that Matt Brousard and Mary        Rimmer  review the storm water  management plans for 233 Beach Rd. and share the review with

             the Planning Board using the same engineer and continue this to February 1, 2006 at 7:15 p.m.. DH          seconds the motion. Motion was unanimously  approved.

 

 

 

January 4, 2005  Page 4

 

 

 

 

10.        ANRAD:  George and Pat Fowler, 28 Rabbit Rd

            Patrick Seekamp and Ron Laffely  representing  the applicant  presented an overview of the project.         PS first clarified that lot 136 is not a part of this filing. PS stated that they have consulted Mary     Rimmer on the delineation. IA asked how you access side of Rabbit Road between two exiting            properties. IA asked  how many lots. PS relied that it is going from 44 lots to five. DH asked   how do you compare this  from what you presented a month ago. IA asked what is the time             frame. PS replied that they would like to proceed and have approved by summer. IA requests that             Mary Rimmer submit the letter of the preliminary review of the property., and do a  site visit if she         deems it necessary to physically review the property and give a firmer review  of          the property at 28          Rabbit Road and have this done in two weeks time if possible. MR asked when Mary Rimmer had   gone out and was told last August or early fall  Bob Weiss(?) an abutter to the east wanted to see        the impact to his property.  DH advised they  have already established a delineation  line. Bob           Weiss asked if any danger of spill over of vegetation. Ron Laffely will bring plans  showing           vegetation to the next meeting. IA asked Bob Weiss how he accesses his property now and      BobWeiss replied that he was land locked. IA confirmed that this is not a residence.  RW made a     motion that Mary Rimmer review this property and continue this for two weeks until January 18,       2006 at   7:15p.m.  IA seconds.  Motion was  unanimously  approved.

 

 

           

OLD BUSINESS:

 

1.         Request for CoC, Gorman Realty 591-595 N. End Blvd. (TH site visit)

Continued to the next meeting.

 

2.          Request for CoC, 133, 135 & 137 Beach Rd.

Eric Botterman from Millenium Engineering represented the applicant. DH raised a  concern for planting along the fence line and front curve. IA questioned plantings. EB stated  place is too steep for trees and bushes. IA questioned that the trees and bushes were meant to obscure neighbors and asked if the trailers could be seen.  DH replied that it is all wooded and you cannot see. RW  asked if they are planning to put up a fence. EB stated they are not planning to put up a fence and there are wetlands.  IA questioned the back areas. EB stated that this area needs seeding and will be seeded in spring. DH had no issues. EB  asked if the Commission would entertain a bond for the plantings. RW questioned a bond or do the plantings. RW advised that there is a trust fund but accepting a bond would be subject to approval from Town Counsel. IA stated that this would be contingent upon the applicant receiving a Certificate of Compliance. EB will talk and confirm donation amount with his client.  DH made a motion to issue the Certificate of Compliance pending completion of previous concerns and the bonding donation to the town, if legally seen fit. IA seconds.  Motion was unanimously approved.

           


 

January 4, 2005  Page 5

 

 

NEW BUSINESS

1.         Request for CoC, Scott Meader 19 Cushing Street

Arlene Keating, Attorney, represented the applicant. RW stated that this is new to the commission this evening.  RW said we need to have someone review property. IA asked if there was a farmer’s porch. AK said no. RW questioned if porch in back went along entire back of house. IA will visit within a week and review.  Commission signed Certificate of Compliance which conservation agent till hold pending outcome of IA site review.

 

 

 

2.         Change in construction procedure, Harold Nabhan,  25 Broadway

Tom Cook, SPS,  represented the applicant. TC stated that the work to date has been done using manual labor but  due to unstable footing and heavy piles he  is requesting to use  a Komatsu PC-60 excavator.  He is wiling tot replace machine oil with vegetable oil and would have spill kit ready.  RW asked how deep were the piles. TC stated 28 feet.  IA asked if they were able to build out that far. RW asked what side of building would be used. TC said the state has no problem as he has checked with Mike Magnifico. RW wants letter in writing from Mike Magnifico stating it is OK. RW asked the members if this was a major or minor change. In discussion DH and IA have no problem with this being a minor change. MR asked if this will go down past the drop-off. TC said yes. RW asked for how long. TC said it would only take 4-5 days using the machines.   Jack Christian, Planning Board, advised the Commission that when this project went before the Planning Board the other members said this needs a Site Plan Review. He is requesting that the Site Plan Review be done. This review will provide information in case there are issues or concerns down the road. JC said the project does not need to cease and desist but must have the Site Plan Review. IA motioned to allow the use or the Komatsu PC-60 excavator machinery converted using vegetable oil as stated by TC as a minor change to preparing previous deck at 25 Broadway. MG seconded.  Motion was unanimously  approved

 

 

 

ENFORCEMENT ORDERS:

There were none present to discuss the Enforcement orders.

 

 

 

 

SITE INSPECTION REPORTS:        

1.         Truppner, 18 Mudnock Rd.

IA asked what to look for at this site. MR replied that the complainant stated that someone

 is filing the wetlands with wood pile,  rocks and debris.  IA will do a site inspection and provide

 a report at the January 18, 2006 meeting.

 

 

 

January 4, 2005  Page 6

 

 

EXECUTIVE SESSION:

 

1.         Superseding Order of Conditions

IA moved to agree with the Department of Environmental Protection’s  Superseding Order of Conditions which denies the project and affirms the Salisbury Conservation Commission’s Order of Conditions in project DEP #65-642.  RW seconds. Motion was unanimously  approved

 

2.         Bill

MR presented a bill from Kopelman and Paige. IA motions to pay the bill from Kopelman and Paige regarding work on the Monahan  project on North End Boulevard. DH seconds. Motion was unanimously  approved

 

3.         Administrative Projects

The Commission discussed three special projects that they feel will improve the Commission’s mission. The projects will be managed by Michelle Rowden who will act as consultant. RW motioned that the commission spend up to three thousand dollars on the projects. DH suggested that a status report be provided when expenditures reached one thousand dollars. DH seconded. Motion was unanimously  approved

 

 

 

 

 

 

IA motions to adjourn. MG seconds. The meeting adjourns at 11:05 p.m.

 

 

 

 

 

 

 

Approved:  April 5, 2006