Salisbury Conservation Commission  

Minutes

February 15 , 2006

                       

                       

 

MEMBERS PRESENT:  Rick Whaley, Chairman,  Iora Alexander,  Kevin Avery,    Thomas Hughes and Michael Greene.

 

 

ABSENT:  David Holscher

 

 

ALSO PRESENT:  Conservation Agent;   Michelle Rowden 

 

Rick Whaley, Chairman opened the meeting at 7:07  p.m. under the wetlands protection act and the Town of Salisbury Wetlands Protection Bylaws.

 

 

A.  MINUTES

Kevin Avery moved to continue the review of the January 4th, 18th and

February 1, 2006 meeting minutes to March 1, 2006 at 7:15 p.m.  Iora Alexander seconded the motion.  The motion passed unanimously.

 

 

B.  BUILDING PERMITS

1.  Peter Lee requests building permit for 9 Atlantic Ave. Kevin Avery motioned to approve the building permit however holding the permit until consulting fees are paid. Iora Alexander seconds. The motion passed unanimously

 

2.  Request for a building permit for 12A Harrison Ave. RW explained that the applicant has to go to Salem Court and have the documents recorded.  Kevin Avery motions to approve the building permit pending the receipt of recorded Order of Conditions. Iora Alexander seconds.   Motion approved with RW, IA, KA and MG voting in the affirmative. TH abstains.

 

 

C.  CoC.

Request for CoC, Lynn McGoff 13 CCC Rd. (bond)

Lynn McGoff appeared  before the Commission and stated that she is still waiting for information from Mary Rimmer.  LMcG requested site a visit to confirm what is necessary. Kevin Avery volunteered to do a site visit on Saturday morning.


February 15, 2006 Minutes    Page 2

 

D.  PUBLIC HEARINGS

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

Rick Whaley announced to the attendees that the applicants for D6, D7, D8, D9, D10, D13 and D14 had requested continuances.  These were taken out of order so that the motions for continuances could be made.

 

1)  NOI:  Chris Auto Body, 100 Elm St (Original 11/16/05)

 

Brian Knowles of Apple Associates represented the applicant. BK reviewed the changes to the project. BK provided a copy of the February 8, 2008  letter from Joseph Serwatka  who stated that his issues have been adequately addressed. BK stated that this project has to go before the Planning and Zoning Boards.  Kevin Avery motioned to approve the project and close the Public Hearings on this project.  Iora Alexander seconds. Motion was unanimously approved.

 

 

 

2)  NOI:  MA DCR, 218 Beach Rd. (Original 2/1/06))

 

Martha Rhinehart from Vine Associates represented DCR. She reviewed the project and submitted revised plans to show paved pathway areas. MR stated that the DEP had no comments. IA asked about the Dune restoration.  MR stated that they will submit Dune Restoration plans. Michelle Rowden asked if they had stamped copies of the Plan. MR said no. They will supply stamped plans.   Thomas Hughes motions to approve the plan providing that by May 15, 2006 DCR submits a plan that will include restoration of dunes in front of the building including the bringing in of sand.  Kevin Avery seconds. TH amends the motion to add that prior to demolition the limits be staked out on the ground. The amended motion was unanimously approved.

 

 

3)   NOI:  S.B. Oceangate, 233 Beach Rd. (Original 1/4/06)

           

Tim Mulcahy represented S.B. Oceangate.  TM stated he has addressed Joseph Serwatka’s issues regarding operation and maintenance. TM states that JS now approves.  Thomas Hughes questions the wetlands delineation. Iora Alexander motions to accept the plans for S.B. Oceangate and close the Public Hearings. Thomas Hughes seconds.  The motion was unanimously approved.

 

 

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

 

Rick Whaley asked if anyone was present to represent Northpointe. RW stated that the Order of Conditions was signed and sent to Northpointe  prior to motion to Reconsider.  RW stated that Northpointe must satisfy all the conditions stated in the Order of  Conditions that was issued. Kevin Avery motions to close the Public Hearings.  Thomas Hughes seconds. The motion was unanimously approved.


February 15, 2006 Minutes    Page 3

 

5) NOI: Thomas O’Hara, 41 Old County Rd. (Original 8/3/05)

 

Eric Botterman of Millennium represented the applicant.  EB asked if Legal Counsel ruled on the 40 foot no build zone regulation. Rick Whaley stated that Legal Counsel advised them to abide by the Regulations. EB presented revised plan. Thomas Hughes asked if this met the 40 foot no build regulation and if they went from two building to one building. EB replied yes.  TH asked for the revision plan date. EB said it was  January 31, 2006.  TH asked what portion was subject to flooding.  EB stated that all was below the 100 year. TH asked if this would be on pilings. EB said yes.  Thomas Hughes motions to  approve the revised plans with one structure meeting the 40 foot no build zone and 25 foot do not disturb zone conditioned that we do not receive any unexpected comments from the DEP.  Kevin Avery seconds. The motion was unanimously approved.

6) NOI: Robert Jacobs, 2 Murray Street (Original 9/21/05))

 

Kevin Avery motioned to take this out of order and continue this to the  March 1, 2006 meeting at 7:15 p.m.  Thomas Hughes  seconds.  Motion was unanimously approved.

 

7) NOI:  Toler LLC, 208 Elm Street (Original 12/7/05)

 

Kevin Avery motioned to take this out of order and continue this to the  March 1, 2006 meeting at 7:15 p.m.  Thomas Hughes  seconds.  Motion was unanimously approved.

 

8) NOI:  Joan Stevens, 14A-C Friedenfels Rd. (Original 12/7/05)

 

Kevin Avery motioned to take this out of order and continue this to the  March 1, 2006 meeting at 7:15 p.m.  Thomas Hughes  seconds.  Motion was unanimously approved.

 

 

9) NOI:  Ron Poulin, 105 Bridge Rd  (Original 1/18/06)

 

Kevin Avery motioned to take this out of order and continue this to the  March 1, 2006 meeting at 7:15 p.m.  Thomas Hughes  seconds.  Motion was unanimously approved.

 

 

10) NOI:  Salvatore Ferrandi, 154-156 Bridge Rd.  (Original 1/18/06)

 

Kevin Avery motioned to take this out of order and continue this to the  March 1, 2006 meeting at 7:15 p.m.  Thomas Hughes  seconds.  Motion was unanimously approved.

 

 

11) RDA:  Densen Construction, Old County Rd. (Original 2/1/06)

 

RW asked if  anyone was here to represent Densen Construction. Thomas Hughes stated that this was covered at the February 1, 2006 meeting.  Kevin Avery motioned to close the Public Hearings on this RDA.  Iora Alexander  seconds.  Motion was unanimously approved.


February 15, 2006 Minutes    Page 4

12) NOI:   Jim & Janice Epps, 341 N. End Blvd. (Original 2/1/06)

 

Ron Laffley of Fulcrum Architects represented the applicant.  RL presented a letter from the Building Inspector and revised plans to the Board.  Thomas Hughes questioned the 50/50 rule. RL said the DEP refers 50/50 questions back to the Building Inspectors.  RL stated the proposed addition shall be on a pile foundation and the existing structure will keep its existing concrete block structure. IA asked if the plans show the seven foot change.  RL said yes. RL reviewed the revised plans for the addition, change of roof line, leaving shed where it is, cutting back on asphalt and adjusted elevations. TH questioned how close to the new building will be to the wetlands. RL said 26 feet ten inches. IA asked about the height. RL said currently a single level and new height will be 35 feet. TH questioned the pavement. RL showed where the pavement is being removed. RL said they will be using a Gravel pave 2 system and through discussion provided clarification to TH. TH said the plan must show that the pavers are removed. After discussion on the sand flow and louvers, RL said he will remove the louvers from the revised plans for this project.  Kevin Avery motioned to approve the plan and then revised the motion to approve the plan based on louvers being removed and that if they want louvers at another time they must show a ruling from DEP.  Thomas Hughes seconds.  Motion was unanimously approved.

 

 

13) NOI:  Jim Crooks, 16 CCC Rd. (Original 2/1/06)

 

Kevin Avery motioned to take this out of order and continue this to the  March 1, 2006 meeting at 7:15 p.m.  Thomas Hughes  seconds.  Motion was unanimously approved.

 

14) NOI:   Nelson Northern, Lot #4 Corporal Patten Way (Original 2/15/06)

 

Kevin Avery motioned to take this out of order and continue this to the  March 1, 2006 meeting at 7:15 p.m.  Thomas Hughes  seconds.  Motion was unanimously approved.

 

 

15) NOI:  Jose & Jeanne Arango, 73 Lafayette Rd. (Original 2/15/06)

 

Jose & Jeanne Arango appeared before the Commission. JA stated that they hired Millennium Engineering for the plot plan.  JA provided an overview of the single family home proposal.  JA stated they have been before the Planning Board and Health Board. JA said they have access to the highway from the state, the DEP letter, and the applications. Thomas Hughes asked about the drainage swale and if there was a culvert under the road. JA said there was a culvert to no where. TH asked if there were any DEP comments. Michelle Rowden said there were no DEP comments. TH asked if they were approved by the Board of Health.  JA said yes and presented a letter. Rick Whaley asked about an offset of membrane to wetland. JA said they met the guidelines. RW reviews plans and confirms that  the membrane is more than 50 feet.  Kevin Avery motions to approve the plan and close the Public Hearings. Thomas Hughes seconds. In discussion, TH asks if the stream was more than 200 feet. JA states yes and says 200+ linear feet.  Motion was unanimously approved.

 

E.  OLD BUSINESS

RW asked if there was anyone present for E1, E2, or E3.  No one came forward.


February 15, 2006 Minutes    Page 5

F.  NEW BUSINESS

 

2) Request for CoC, 46 Toll Rd. extension

Kevin Avery motion to take F2 out of Order. Michael Greene seconds. Motion unanimously approved.

Albert Johnson  provides update that  the detention pond and the swale are working. Rick Whaley asks about the chamber under the parking lot.  AJ said no indication that there is any storm water. AJ has met with abutter and reached an agreement on the spruce plantings which will be done this spring. AJ stated he will be putting loam in.  Thomas Hughes said he must notify Commission when he is putting loam in.  AJ does not wish to change bond amount. Kevin Avery moved to issue a partial CoC with the exception of trees dependent on Mr. Hughes’ approved site review. Thomas Hughes seconds.  Motion unanimously approved.

 

 

3) Proposed addition, Salisbury Family Dentistry, 19 Lafayette Rd

 

Thomas Hughes  motion to take F3 out of Order. Michael Greene seconds. Motion unanimously approved.

Ron Laffley of Fulcrum Architects represented the applicant.  RL provided a preliminary review of the proposal. RL stated that the applicant would like to know if plan is acceptable prior to expending funds for surveyors and drawings and that without the approval of the plan the applicant  may consider closing this practice. RL stated that there are issues with invasive plants and utility company tree cutting without removal of the cut trees on this site.  Thomas Hughes stated that the power company should take their debris off the site. TH asked if they considered parking out front. RL said no for safety reasons.  IA asked how far into the no build zone is the addition.  RL said the whole. TH stated he has concerns with filling so much wetland. TH said whether the plan is acceptable or not depends on the shape of the wetland line and he would need more information prior to giving a decision. There was discussion on the aerial photos and plans.  RL said Commission would work with applicant.

 

1) Frank Gorman, 227 Beach Rd – no one present.

 

Other) Wetlands Regulations Discussion

Thomas Hughes recommended that the Commission move forward with the Public Hearings. TH moved that the Commission open Public Hearings on March 15, 2006 to look at revisions to the Town of Salisbury’s Wetland Regulations with respect to pavement on the Barrier Beach. Rick Whaley seconds. Motion unanimously approved.

 

 

G.  ENFORCEMENT ORDERS:

There were none present to discuss the Enforcement orders.

                                   

H.   SITE INSPECTION REPORTS 

There were no site inspection reports.

 

Adjournment

Kevin Avery motions to adjourn. Thomas Hughes seconds.   Motion was unanimously approved.

The meeting adjourned at 9:09 p.m.

 

Approved:  March 15, 2006