MEMBERS PRESENT: Rick Whaley, Chairman, Iora Alexander, David Holscher (
ABSENT: Kevin Avery
ALSO PRESENT: Conservation
Agent Michelle Rowden
Rick
Whaley opened the meeting at
MINUTES
The Board reviewed the minutes of the
BUILDING PERMITS
No
building permits were presented.
PUBLIC HEARINGS
Public
Hearings were opened at
1) NOI: Thomas O’Hara,
Mr.
O’Hara appeared and requested a continuance. TH motioned to continue this to
the
2) NOI: Robert
Jacobs,
TH
motioned to take this out of order and continue this to the
3) NOI: Chris Auto
Body,
Scott
from Apple Associates represented the applicant. Scott presented revised plans
and correspondence. TH questions that Apple has responded to all of Joe
Serwatka’s concerns. TH motioned to continue this to the
Minutes February 1, 2006 Page 2
4) Amended
NOI: Kathy Orben, 12 Ferry
No
one present to speak on proposal. TH motioned to Table to end of Public
Hearings. IA seconds. Motion was unanimously approved. At end of Public Hearings RW
asked if anyone present and no response. TH motioned to continue this to the
5) NOI: Toler LLC,
TH
motioned to take this out of order and continue this to the
6) NOI: Joan Stevens, 14A-C Friedenfels Rd.
IA
motioned to take this out of order and continue this to the
7) ANRAD: Pat Fowler,
Patrick
Seekamp, and Ron Laffley represented the applicant.
They have met on the site with Mary Rimmer as requested and added wetland
flags. They presented a revised January 16th plan. TH moved to
approve the ANRAD on plans revised
8) NOI: S.B.
Oceangate LLC,
Initially
all applicants representatives were not present. TH motioned to Table to end of Public
Hearings. IA seconds. Motion was unanimously approved. At end of Public Hearings, Tim Mulcahy,
Patrick Seekamp, and Paul Blank spoke for this proposal. TM stated they met and reviewed
wetland line with Mary Rimmer. TM said drainage was reviewed by Joe Serwatka
and changes were made to the plans in response to JS comments. TM provided
14x11” plans to Commission. RW asked if
there were full size plans. TM said yes and they were given to Lisa Pearson. RW
asked about the swale. TM said they are now going to use crushed stone and
grading to move the water through the swale. IA asked if JS’s stormwater concern was
addressed. PB said yes and that JS has forms. TH questioned the drainage
retaining stormwater on the site. TM said they are using graduated stone. TH
said JS needs to review the maintenance plan. TH questioned the existing
pavement. TM replied paving going from 19,760 sq. feet to 17,236 sq. feet. TH stated that the town is still waiting for
the state to review revised paving regulations. TH requested letter in writing
from JS that he is satisfied. TH asked if applicants would like conditional
approval or a continuance. TM said they would wait. RW asked them to modify the
stormwater regulation language, e.g., from inspections should be done monthly
to inspections will be done monthly. TH
motioned to continue this to the
Minutes February 1, 2006 Page 3
9) NOI: Dianne Fasoli,
No
one present to speak on proposal. TH motioned to Table to end of Public
Hearings. IA seconds.
Motion was unanimously approved. At end of Public Hearings Sean Clinger
of Oak Engineers represented applicant. SC said revised foundation will be pile
supported. RW asked if we had new plans. SC said yes. RW asked about addition.
SC responded that it is a 1˝ story addition. Discussion reviewing aerial photo. TH asked about piling elevation. SC said 12.65. TH asked if any
pavement. SC said no. TH moved to approve the NOI. DH seconds. Motion was unanimously approved. MR provided
the OoC form for signature. The Commission signed the OoC.
10) NOI: Ron Poulin,
Scott
L’Italien from Apple Associates represented the applicant. SL provided signed green certified mail card
to MR. RW reviewed cards. SL presented data on wetland observational holes to
Commission and MR. RW pointed to pictures and showed where borings need to be
done on the plan. RW stated that much of the property seemed filled. TH showed
May 2005 pictures showing fill. MR mentioned that abutters have problems with
drainage. TH asked MR to visit the site. TH stated that fill has been brought
in over the years. TH stated that it might be a good idea to withdraw and
resolve Enforcement issues before this goes forward. TH asked MR to look at
filled area and if over wetland to look at grasses there. TH motions to
allocate up to $150 for an auger. IA seconds. Motion was unanimously approved. In discussion, SL shows 2001 photos. TH asked
if same owner. RW asked when applicant
purchased property. SL said 2002. TH
motioned to continue this to the
There was a two minute recess.
11) NOI: Salvatore
Ferrandi,
Michael
Greene abstains on this proposal. Scott
L’Italien from Apple Associates represented the applicant. TH moved to Table to
end of Public Hearings. IA seconds. Motion was
unanimously approved. At end of Public Hearings SL provided signed certified
mail green cards. SL provided existing and proposed plans for this 3 story
commercial building. SL said he is addressing DEP groundwater concerns. SL
provided copy of the letter. SL said he spoke with Mike Abell. The plan shows the
soil holes. TH asked if this has gone to the Planning Board. TH said he sees a
drainage issue. RW asked if there will be parking out front. SL said parking in
front and two places in back. RW asked
how this will drain. TH asked about the proposed usage. SL said commercial and
retail. RW asked if there will be a
drain in the floor. TH motioned to
continue this to the
Minutes February 1, 2006 Page 4
12) RDA:
Densen Construction,
Michael
Seekamp represented the applicant. MS reviewed plan which proposes sewer
extension. IA confirmed that this site
was where previously approved condos.
TH asked if silt fence and hay bales.
MS said plans show silt fence. IA said he needed to do both silt fence
and hay bales. TH asked if this was approved by the sewer commission. MS said
this was being done. TH asked who the extension will serve. MS said from Michaels’s Way to condominiums.
TH asked if they will be putting in stubs for others. RW asked if he will give
stamped plans. MS will provide stamped plans. MR said Don Levesque was in
favor. MS knows DPW approval needed. TH concern that these stubs be put in to minimize work later and he is in favor of
having stubs put in now rather than later. RW asked if MS willing to do stubs and plan.
TH moves to issue a negative determination contingent on 1) Revised plans
showing stubs on Old Country Road, 2)
work remains within road way (excluding stubs), 3) the provision of stamped
plans by an engineer, and 4) that erosion
control be silt fence and hay bales. IA seconds. Motion was unanimously approved
13) NOI: MA DCR,
Martha
Rhinehart of Vine Associates represented applicant. Mike, project engineer, and
Joe Halleran of the Department of Conservation and Recreation were also
present. The signed green certified mail
cards were given to the Conservation Agent. MR presented plans and showed the
current pavilion. MR stated the overall
plan is to demolish the existing pavilion and replace it with a small building
primarily for First Aid. This project will be done in two phases. Phase I is
the demolition. DCR wants this done by Memorial Day. Phase II will be the
building of a new pavilion which is anticipated to be 1800 sq. feet which is
smaller than the current pavilion. The new building will not be open to the
public. RW asked how the demolition will be done and what will be done to
protect the area. MR said they will
remove inside the building including asbestos first. Crushed stone will be laid. To maintain access they will temporarily widen
the existing path, a construction fence will be erected along all areas
removed. Sand will be pushed aside to remove the supporting center piles. The utilities will be cut and capped. RW asked how deep. Mike said four to five feet
deep. RW asked how far from the high
tide line. Response was 25-30 yards. TH asked about the widening. Mike said this would be one with crushed
stone. TH using aerial photos suggested a dune restoration plan to bring back the
dune and an elevated structure for beach access over the dune. TH asked why no
public access. MR said part of the new plan will be to stabilize the dune. TH
said for phase II he wants to see a dune restoration plan. RW asked if they
could add a snow fence. Mike said they
plan on adding a snow fence. MR said DCR
wants to limit access. JH said they plan
to complete the design in the spring as they want to move forward. TH motioned to continue to the
Minutes February 1, 2006 Page 5
14) NOI: Jim &
Janice Epps,
Ron
Laffley of
Fulcrum Architects represented applicants. The signed green certified mail cards
were given to the Conservation Agent. RL
provided an overview of the plan. He showed pictures of existing house and
storage shed and the proposed addition and storage shed. RL said Mike Abell has commented on
elevation. RW asked
about parking area under house. TH asked if parking space would
be open. RL said yes except for the doors. TH asked what percent was
horizontally open. TH asked if new house would be closer to wetlands. RL said yes.
IA questioned asphalt. IA asked if this was going three stories up. RL
started they could not move driveway because of drainage easement. TH asked if there was a pipe. RL said yes. IA
asked if they could build over the existing house. RW asked what the offset is.
RL said seven feet. TH asked about the shed. RL said it was moving to the back.
TH in
discussions showing the aerial photos questioned the 40 foot buffer and shed
placement. IA asked about possibly moving the shed to the edge of the deck. TH
stated concern that there be no encroachment on the
wetland. RW reminded RL of the 25 feet
no disturb rule. RL asked if they could
keep pavement. TH asked what would be the garage surface. RL aid impervious
crushed stone and concrete pavers on top. TH asked what the Commission has
previously voted on. MR said gravel pave. TH stated that the Building Inspector
has signed off on gravel pave. RL questioned if the Town would be responsible
for gravel pave and that this be in meeting minutes. TH said the Town is not
taking responsibility but the building inspector has previously approved and signed
off on gravel pave. TH motioned to
continue this to the
15) NOI: Jim Crooks,
Fred
Ford of Cammett Engineering represented the applicant. FF provided an overview of the proposal to
develop three single family homes. There has been a wetland review by Mary
Rimmer. They have applied to have a roadway. RW asked where the detention basin
empties into. FF showed outlet swale. TH asked where swale empties onto. Does this go
onto neighbor’s property. TH questioned the wetland
mitigation area. TH said looking at the plans there seems to be two or three
area that looks more like wetland mitigation areas. TH would like the wetland
mitigation area to be elsewhere. TH asked how they are sizing the wetland and
how big is the culvert. IA asked if the
roadway has to be approved by the Planning Board. FF said they are in front of
the Planning Board. TH asked if there were new guidelines for culverts. FF said
the DEP has comments and he will respond. RW asked about the water quality and
if there will need to be a 401 Permit process. FF said they plan to put deed restrictions on
the property. FF said Joe Serwatka has
reviewed for planning and has comments on drainage. TH said the DEP mentions
submitting test data to the DEP and Commission. TH has a concern regarding the
sewer line and water flow. TH asked if the houses all comply with 40 feet no
build rule. FF yes. TH asked about building envelopes. IA asked it to include
decks so they will not be built later. TH said he want to have a wetlands
scientist look at this and bring wetlands into line. FF shared the original ANRAD with Commission. TH motioned to continue this to the
Minutes February 1, 2006 Page 6
OLD BUSINESS
1) CoC issues, 13 CCC Rd.
Lynn McGoff
Lynn
McGoff was present. RW stated that this is the wetland replication issue. LM
said she planted and some did not survive. RW said Mary Rimmer’s letter mention
issues with wetland replication. Conservation Agent contacted MR for
suggestions. LM said she planted Birch. TH asked what type. TH stated that what
was approved was that LM was supposed to do wetland replication before you built
your house and provide reports from scientists twice a year. He recommend they
submit As Built plans with wetland boundaries and bring them back to the Commission to
determine what needs to have replication. LM asked what could be done to move
this along. TH said to go back to the original plan and do exactly what was
approved. RW said to look to Mary to find out what amount bond should be. TH
said the bond should cover professional services, monitoring services, and
re-do of work. RW directed Michelle
Rowden to talk to Mary Rimmer for a reasonable amount of bond. RW directed the
applicant to come back on February 15th. TH motioned to continue this to the
2) Request for CoC, Gorman
Realty
RW
is asking for an Overlay plan. There are also issues with the stockade fence.
TH said
that while we are on subject of Gorman Realty, he has a concern about the
property at
3) Request for CoC, 133, 135 & 137 Beach Rd.
The
Commission is still waiting for the bond.
4) Request for CoC, 13 Palis
Dr., Mark Kaufer
Matt S. from Millennium represented the applicant. MS did an overview of the changes. MS said that the DEP said they could go forward. The property has been sold twice. TH motioned to approve the CoC. DH seconds. Motion was unanimously approved.
5) Review of wetland rules
and regs
Michelle
Rowden said that some changes/corrections need to be made to these. TH reminded the Commission that they can change
regulations but not a By Law. To change
a By Law the changes would have to be typed up and be presented to Town
Meeting. In discussion it was stated
that it is likely the AG will approve the changes voted on at the last Town
Meeting. TH asked MR to talk to Rich Townsend to have DEP attorneys talk to the
AG’s office. RW said we could let By Law
stand.
Beach
Paving - Michelle Rowden said they will open Public Hearings for Regulations
for Beach paving. TH recommended having the Paving regulation as the third item
on the March 15 Agenda. He requested a draft to the Commission by February15th.
Northpointe
Builders - IA
motioned to re-consider the vote on the Northpointe project and re-open for
public hearings as she did not have adequate information. DH
seconds. TH abstains. Motion approved with
Minutes February 1, 2006 Page 7
NEW BUSINESS
1) Amend OoC, Ahmad
Arash,
Ron
Laffley represented the applicant. RL
reviewed the utility plan
revisions. TH asked if area paved. RL said Lisa Pearson has the stamped plans.
TH move to accept the revised plans with utilities added
2) Request for CoC, Marilyn
Doyle,
Phil
and Marilyn Doyle submitted “As Built” plans. IA asked if the fence issue was resolved. PD
said the old galvanized metal fence was taken down and installed 50% open space.
TH reviewed aerial photos of property.
TH asked when fence was put in. PD said at end of the summer. IA volunteered to
visit the site. TH motioned to continue this to the
ENFORCEMENT ORDERS:
1)
Mr.
Towler appeared before the Commission. He stated he was not aware that he needed
permits for the gravel fill. He was
planning to spread the fill by hand to absorb puddles. TH asked if this was a
mobile home park. Mr. Toll said the town
ruled this is not a mobile home park. He
has a letter from the Health Department. TH said he needed to do and RDA. IA
voiced concern that the fill not be near wetlands. TH moved that the applicant
file an RDA with the Commission and that the Commission continue enforcement
until the owner either removes the gravel or file RDA by March 1st. MG seconds. Motion was unanimously approved.
SITE INSPECTION REPORTS:
There were no site inspection reports.
Minutes February 1, 2006
EXECUTIVE SESSION
TH moves to go into Executive
Session at
1) Fred Murdock V. Salisbury Conservation Commission: Michelle Rowden asked for authorization to sign the Stipulation of Dismissal of Litigation with Prejudice. TH moves to authorize signing the stipulation for dismissal of litigation with prejudice. RW seconds. Motion was unanimously approved. Commissioners signed the stipulation.
Adjournment
TH
motions to adjourn. RW seconds. Motion was unanimously approved.
The
meeting adjourns at 11:58 p.m.
Approved: April 5, 2006