Salisbury Conservation Commission  Minutes

March 1, 2006

           

           

MEMBERS PRESENT:  Rick Whaley, Chairman,  Kevin Avery,  Iora Alexander,  Michael Greene  and David Holscher (9:30 p.m.).

 

ABSENT:  Thomas Hughes

 

 

ALSO PRESENT:  Conservation Agent  Michelle Rowden 

 

Rick Whaley opened the meeting at 7:22  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 4, January 18, February 1, and February 15, 2006 meeting minutes to March 15, 2006 at 7:15 p.m.  Iora Alexander seconded the motion.  The motion passed unanimously.

 

 

 

B. BUILDING PERMITS

 

Tom O’Hara 41 Old County Rd. requested a building permit. Rick Whaley stated that the form was not completely filled out.  Kevin Avery motions to sign the Building Permit after the form is completed. Iora Alexander seconds.  The motion passed unanimously.

 

 

 

C. PUBLIC HEARINGS

Public Hearings were opened at 7:35 p.m.

 

1) Amended NOI: Kathy Orben, 12 Ferry Lots Lane  (Original 11/16/05).

 

Jacob Murray (JM) from Apple represented the applicant.  This will be amended to reflect the address as 10 Ferry Lots Lane.  JM reviewed the changes which include a revised driveway going from ten to sixteen feet wide, and having the same erosion control line. KA asked if they excavated for utilities. JM said yes. Rick Whaley (RW) asked if there was a detention basin. JM said a water run off storage basin. RW asked the depth.  JM said to six to twelve inches. RW said the neighbors were concerned about flooding. RW asked how many culverts. JM said four. Iora Alexander questioned the snow storage. JM said adequate referring to the plan.  Kevin Avery motioned to approve.  Iora Alexander seconds. In discussion, JM said it will be a gravel driveway. The motion passed unanimously.


Minutes March 1, 2006   Page 2      

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

 

Kevin Avery motioned to continue this to the March 15, 2006 meeting at 7:15 p.m.  Iora Alexander seconds.  Motion was unanimously approved.

     

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

 

Kevin Avery motioned to continue this to the March 15, 2006 meeting at 7:15 p.m.  Rick Whealy seconds.  Motion was unanimously approved.

       

 

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

 

Kevin Avery motioned to continue this to the March 15, 2006 meeting at 7:15 p.m.  Iora Alexander seconds.  Motion was unanimously approved.

 

 

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

 

Jacob Murray (JM) from Apple represented the applicant.  JM submitted a supplemental plan and provided pictures for the Commission’s review.  Rick Whaley (RW) asked if Mary Rimmer went out to the site.  JM said Mary Rimmer (MR) had last Wednesday.  Michelle Rowden said MR’s visit was for the soil and that MR asked for re-flagging.  RW asked about the Enforcement Order.  JM  said the fill will be removed and that area will be loamed and seeded.  Iora Alexander asked about the silt fence.  JM showed where it would be on the plan. Kevin Avery  asked for approval of the new wetland line. RW said that the Commission needs to have MR agree on the changes. Michelle Rowden will ask MR if she will verify the flags. Kevin Avery motions to send to MR to review the wetland line, if she will.  RW seconds.  In discussion, JM asked if MR visits and there is a consensus can they remove the fill. RW agreed.  Motion was unanimously approved.

 

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

 

Jacob Murray from Apple represents the applicant.  Michael Greene abstains from this project. This does not allow a quorum to review this project.  Kevin Avery motioned to continue this to the March 15, 2006 meeting at 7:15 p.m.  Iora Alexander seconds.  Motion was unanimously approved.

 

 

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

 

Fred Ford (FF) of Cammett Engineering represented the applicant.   FF submitted revised plans and a letter to the Commission. FF said he has responded to the DEP concerns; the sewer line will be pressure tested; he has test pit data, and he has relocated the replication area. FF said they would bring the road in at the narrowest crossing. FF said he responded to the  Commission storm water issues and relocated the outlet swale away from abutters. Rick Whaley stated concern of replication around trees and asked if the replication area would be connected. FF said yes. In response to Iora Alexander’s concern about porches and decks, FF said there will be building envelopes.  FF stated that the Planning Board was requiring a sidewalk and so they will be adding a catch basin. Iora Alexander confirmed the two to one ratio.  Iora Alexander motioned to approve the February 23, 2006 plan for 16 CCC Road. Kevin Avery seconds.  Motion was unanimously approved.


Minutes March 1, 2006   Page 3

 

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

 

Matthew Steinel (MS) of Millennium represented the applicant.  MS provided copies of the green cards to Michelle Rowden. He reviewed the plans for this four bedroom house with an attached garage. MS said he has approval from the Board of Health. MS said the closest fill point will be thirty-eight feet from the wetlands.  Iora Alexander confirmed that there was no encroachment of building on the 40 foot no build  or 25 foot regulations. Kevin Avery asked if there was ledge in the septic system area, and what the system was. MS said he has approval from the Board of Health and that this is a gravity system. Kevin Avery motions to approve the plan as presented.  Iora Alexander seconds. Motion was unanimously approved.

 

9) NOI:  Michael Rubino, 36 Elmwood St. (Original 3/1/06)

 

Matthew Steinel (MS) of Millennium represented the applicant. MS made a presentation for this project. This is the second of a three lot sub division to be developed. The plan is to construct a house, barn and pool.  MS said there will be a steep driveway with a high wall which will need a structural engineer. There will be a 1500 gallon septic system.  Michelle Rowden asked the purpose of the barn. MS said tool storage. MS discussed the plans with the Commission members.  Three neighbors  (Al Johnson, D. Poulin, and Lynn Grenier) came forward to state their concern about the grading; water run off ; the culvert, and the size of the pipe.  The abutters would like to see at least a twelve inch pipe.  Rick Whaley asked MS if they looked at a box culvert.  Rick Whaley asked Michelle Rowden to see what size pipe Mr. Levesque would recommend.  There are no DEP comments available yet on this project. Kevin Avery motioned to continue this to the March 15, 2006 meeting at 7:15 p.m.  Iora Alexander seconds.  Motion was unanimously approved.

 

 

10) NOI:   Thomas Gagne, 4 11th St. (Original 3/1/06)

 

Ron Laffley (RL) of Fulcrum Architects represented the applicant.  RL gave the green cards to Michelle Rowden. RL presented an overview of the  project. Currently there are two houses. This project will take down the existing buildings as they do not meet zoning requirements and have foundation issues. The new three story structures will be on piles, have utility storage under the building, the first floor elevation will be ten feet, the top floor will be a loft, and parking will be in front of the house.  The house will be twenty feet in back of the property line.  IA asked about the distance between the two houses and was told fourteen feet. Michael Green asked if this would be condo. Rick Whaley asked about the soil elevation. RL said it would be the same. Rick Whaley asked about the piling plan. RL said there will be twenty-one piles.  Michelle Rowden said we have not heard from the DEP on this project.  Kevin Avery motioned to continue this to the March 15, 2006 meeting at 7:15 p.m.  Rick Whaley seconds.  Motion was unanimously approved.

 

 

D.  OLD BUSINESS

1) CoC bond, Lynn McGoff 13 CCC Rd.

 

Lynn McGoff was present. Kevin Avery did a site review. The Commission reviewed the plan and stake areas on the plan.  Lynn McGoff stated she is hoping to have a specific replication plan shortly and she plans to start the replication in April.  The bonding may be forgone.  Kevin Avery motioned to continue this to the March 15, 2006 meeting at 7:15 p.m.  Michael Greene seconds.  Motion was unanimously approved.


Minutes March 1, 2006   Page 4

 

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

 

No one present for this project.  This is continued.   

 

3)   Request for CoC, 133, 135 & 137 Beach Rd. (bond).   

 

No one present for this project.  This is continued.  

 

4) Request for CoC, Marilyn Doyle 244 N. End Blvd. (IA site visit)

 

Phil Doyle (PD)  was present. There was discussion on the fence.  Rick Whaley asked about the 50% openings on the fence.  PD read and presented a letter from Architectural Fence  Company stating the fence design  provides fifty percent open space. Iora Alexander confirmed that the slats were vertical. Rick Whaley asked if the gate was solid and PD replied yes. RW said the gate is a problem. Kevin Avery said we should ask CZM about the louvers.  Michelle Rowden said the sand has to be able to flow. Rick Whaley asked Phil Doyle if he could go on the property and take pictures. PD said yes. The Commission will take the pictures, continue the discussion on the fence, and  get back the applicant.

 

 

E.   NEW  BUSINESS

 

1)   Frank Gorman, 227 Beach Rd.  There was no one present to discuss this project.

 

2)  Request for CoC, Forest Rd LLC, 9 Toll Rd

 

Jacob Murray from Apple represents the applicant and stated the work was complete.  Kevin Avery will do a site visit and report back at the next meeting.

 

4) Plan amendment, Tom Saab 7 McCarthy Way

 

This was taken out of Order.  Ron Laffley (RL) of Fulcrum Architects represented the applicant. RL said he has responded to Joe Serwatka’s concerns and is proposing an elevation 7.  RL said he has responded to the Planning Board’s issues regarding the height of the building and blocking of neighbor’s views. RL reviewed other changes. There will be parking under the garage and he will be using gavel pave 2 grading plan.  RL said he wants to work out the issues with the Planning Board and Joe Serwatka and come back for an amendment to the Order of Conditions rather than a new NOI.  Rick Whaley stated he would need to send out notices and advertise.  In discussion, no problem was stated with these changes becoming an amendment to Order of Conditions. 

 

5)   Plan amendment, Tom O’Hara 41 Old County Rd.

 

This was taken out of Order.  Tom O’Hara was present and explained the changes to his project. He will be using pavement in place of gravel but he is not on the beach. Kevin Avery confirmed that the house would be on the same location.  After discussion of the plan changes, Kevin Avery motion to approve the amendments as insignificant.  Iora Alexander seconds.  Motion was unanimously approved.


 

Minutes March 1, 2006   Page 5

 

3)   Wetland regulations regarding pavement at the beach

 

Rick Whaley stated that this was not a Pubic Hearing, but only a discussion on the proposed change to the Wetland regulation regarding new pavement on the beach, Section 2.01 starting on Page 21.  There are no other proposed changes.   Rick Whaley (RW)  explained the citizen initiated By Law approved by Town Meeting deals with replacement of paved surfaces and this regulation change is for new paved surfaces.  The revised regulation will not allow any new paved surfaces unless there is a 1 to 1.25 restoration elsewhere on the Barrier Beach.  Mr. Osinska asked whether the restored area should be to natural state or just the pavement removed.  Michelle Rowden clarified that the restoration should probably be back to the natural state.  RW explained that  in time it is the goal to get an overall increase of natural pervious surfaces.  The Commission listened to issues, concerns and answered questions from those present for the discussion. Mr. Capolupo and Mr. Osinska raised concerns about the mitigation option saying that residents will be under a hardship to find pavement to take out in order to put down new pavement.  Mr. Capalupo suggested a standard maximum percentage for pavement on a given lot, such as they have in Newburyport.  The Public Hearing on this regulation change will be held on March 15, 2006.

 

 

 

F.  ENFORCEMENT ORDERS:

 

There were none present to discuss the Enforcement orders.

.

                                   

G.   SITE INSPECTION REPORTS 

There were no site inspection reports.

 

 

H.   EXECUTIVE SESSION 

Iora Alexander moved to go to Executive Session. David Hughes seconds. Motion was unanimously approved.

  

 

ADJOURNMENT

Rick Whaley motions to adjourn.  Michael Greene seconds.  Motion was unanimously approved. The meeting adjourns at 10:41 p.m.

 

 

 

 

Approved:   April 5, 2006