Salisbury Conservation Commission   Minutes

March  15, 2006

 

           

                                   

 

 

MEMBERS PRESENT:  Rick Whaley (RW), Chairman,  Iora Alexander (IA), Kevin Avery (KA), David Holscher (DH) (9:23), and Thomas Hughes (TH).  

 

 

ABSENT:  Michael Greene

 

 

ALSO PRESENT:  Conservation Agent  Michelle Rowden, Conservation Secretary Agnes Donovan

 

Rick Whaley opened the meeting at 7:12 p.m. under the wetlands protection act and the Town of Salisbury Wetlands Protection Bylaws.

 

 

A.  MINUTES

The Board discussed approval of previous ConCom meeting minutes.  Kevin Avery motioned  to approve the February 15, 2006 minutes. Iora Alexander seconds.  The motion was unanimously approved.

 

B. BUILDING PERMITS

 

No building permits were presented.

 

C. PUBLIC HEARINGS

Public Hearings were opened.

 

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

 

No discussion as this was previously completed.       

 

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

 

Kevin Avery motioned to continue this to the April 5, 2006 meeting at 7:15 p.m. 

Thomas Hughes seconds.  Motion was unanimously approved.  Rick Whaley noted that it has been a while since we have heard from the Applicant and asked  if a continuance was requested.  The Agent said no.  Rick Whaley asked the Secretary to draft a letter to the applicants stating the Commission would appreciate it if they would attend the next meeting. 

 

     

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

               

Kevin Avery motioned to continue this to the April 5, 2006 meeting at 7:15 p.m. 

Thomas Hughes seconds.  Motion was unanimously approved.

   MARCH 15, 2006    Page 2

 

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

 

Kevin Avery motioned to continue this to the April 5, 2006 meeting at 7:15 p.m. 

Iora Alexander seconds.  Motion was unanimously approved.

 

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

 

Kevin Avery motions to take out of Order. Thomas Hughes seconds. Motion was unanimously approved.  Kevin Avery motioned to continue this to the April 5, 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)

 

Scott L’Italien from Apple Associates represented the applicant. Scott stated that he wanted to move forward with this project and clear up the Enforcement Order. Rick Whaley advised Scott that Fisheries and Wildlife have issues and we cannot approve. Scott said he can clear up   the issues. Thomas Hughes  asked Scott if he was a  scientist. Scott said no but that the information is on the internet. Thomas Hughes  stated that the issues must be cleared up before going forward. Kevin Avery motioned to continue this to the April 5, 2006 meeting at 7:15 p.m. Thomas Hughes seconds. Scott asked if he could review the proposal and history. Kevin Avery allowed. Scott presented photos going back to 1966 to show the history of the site and its commercial use. Kevin Avery told Scott that the question is the fill and the original wetland line. Thomas Hughes asked questions on the loam. Thomas Hughes asked if they had delineated the wetlands. Scott said his company has. Rick Whaley asked for clarification on accreditation of data and if it was reviewed and determined to be wetland by a licensed soil scientist. Ron Poulin came forward  and using the plan showed the area  on the property from where they took soil samples. There is no report available yet from Mary Rimmer. Rick Whaley stated he would like to see Mary Rimmer’s report.  Kevin Avery said to be sure that the wetland line has been delineated. Scott asked what needed to be done to move forward. The Commission advised Scott to resolve the Fisheries and Wildlife issues, have Mary Rimmer come out and provide a report, and have Apple be sure that the wetland line is delineated.  The motion to continue was  unanimously approved

 

 

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

 

Scott L’Italien from Apple Associates represented the applicant. Scott presented a letter from

Joe Serwatka.  Rick Whaley questioned the utilities. Iora Alexander asked if all of  Joe Serwatka concerns in his February 12 letter have been addressed. Yes per Scott. Iora Alexander questioned the test pit data. Scott presented a revised February 27th plan. Thomas Hughes reviewed the plan and did not see the utilities shown on the Plan. Scott said Dig Safe has to show the utilities.  Kevin Avery asked if the were any floor drains. Scott said no. Kevin Avery asked if on piles or slab. Scott said slab.  The Commission reviewed and discussed the plan.  Thomas Hughes asked if within the National Heritage. Agent Rowden said yes but not adverse.  Thomas Hughes said this Commission cannot condition utilities but can advise the Planning Board. Thomas Hughes motions to approve the project based on the revised site Plan of February 27, 2006 prepared by Apple Associates, that the snow storage area be replaced with gravel, and send a note to the Planning Board of Joe Serwatka’s utility concern.  Iora Alexander seconds. The motion was unanimously approved

MARCH 15, 2006    Page 3

 

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

 

Ron Laffley (RL) of Fulcrum Architects represented the applicant.  RL said that he reviewed this plan at the last meeting while waiting for DEP number and comments. The number is 065-0769.  RL said there are no DEP comments but that there would be concern for elevation 10. Thomas Hughes (TH)  asked if we reviewed the plan at the March 1st meeting. TH stated that he would need to review the Plan in order to vote.  RL reviewed the plan. Thomas Hughes asked if two buildings on the property.  RL said yes.  Iora Alexander questioned the zoning. RL said this is a non conforming property and he was going to the Zoning Board on March 28th. TH said we should wait for the Zoning Board review and the DEP letter. Thomas Hughes asked if any abutters have concerns. Thomas Hughes motioned to continue this to the April 5, 2006 meeting at 7:15 p.m.   Iora Alexander seconds.  Rick Whaley asked RL if the continuance was OK.  RL said yes. The motion was unanimously approved.

 

 

9) NOI:  Joe Fisichelli, 17 Carter Ave (Original 3/15/06)

 

Ron Laffley (RL) of Fulcrum Architects represented the applicant.  RL presented pictures to the Commission. RL said they had a certified site plan. RL reviewed the proposed plan. The plan provides for a two family on a single lot. RL said he is going to the Zoning Board next week. RL said it will be the same footprint  whether the structure is either a one or two family. RL said they will comply with the zoning board but they will try to retain the two family dwelling.  Thomas Hughes motioned to approve the plan with the conditions that either wood or metal piles be used,  and as long as the elevation is above ten feet. Iora Alexander seconds. In discussion, Iora Alexander confirmed that the gravel would be taken out. The motion was unanimously approved.

 

Rick Whaley called for a five minute recess.  Rick Whaley reconvened the meeting at 8:16 p.m.

and opened the meeting for the Beach Paving Amendment.

 

 

10) NOI:  Beach Paving Amendment (Original 3/15/06)

 

Copies of the proposed change to the amendment were provided to attendees. Rick Whaley asked for comments from the Commissioners.  Kevin Avery questioned having to file an RDA to repair a driveway.  Rick Whaley said that RDAs and NOIs allow for tracking and having things done in fashion that allows monitoring.  Commission members discussed possible processes for repair, replacement or resurfacing of existing driveways. Thomas Hughes (TH) sees a difference in between resurfacing and replacement of driveways and would like to have definitions.  TH said once an applicant digs into the sand then the Wetlands Protection Act applies and we need to follow state guidelines.  TH said it makes sense to document the work.  Rick Whaley shared with the attendees a January 30, 2006  e-mail from Richard Tomczyk of the DEP regarding Hot Top. In summary, the e-mail states that surfaces that have been paved with a wetland approval can be allowed to maintain or replace the impervious surface. The total amount of paved area should be reduced, never expanded.  If no wetland permit approval and the work done in 1978 or more recently the paved area was placed illegally and should not be allowed to be maintained or replaced.  If  the Commission desires they could require the paved area be removed through an Enforcement Order, although the statute of limitation may have lapsed. This should be determined with the help of Town Counsel. In further discussion, TH stated that for when resurfacing/skim coat or digging asphalt but not touching bed material  perhaps a form or a check sheet process  would do. Rick Whaley said that according to the DEP the applicant needs to show us the original driveway was legal. Iora Alexander questioned what could be used as proof.  Thomas Hughes said we need to deal with


MARCH 15, 2006     Page 4

C)  10 continued

a mechanism for these changes. The meeting was opened to audience input. Several attendees mentioned the need for side walks for the elderly and handicap accessibility.  Mr. Peterson suggested an amendment to section 4D by adding “walkway or pad” after driveway.  Ron Laffley asked if asphalt was installed prior to 1978 will the Commission allow replacement with asphalt.  Kevin Avery stated that the DEP is not sensitive to Salisbury Beach’s commercial nature.  Attendees questioned emergency utility repairs and suggested that these be allowed in the amendment. Attendees again mentioned health and safety concerns.  The mitigation formula was discussed. Thomas Hughes  recommended that mitigation language be in the regulation.  Audience members stated that there may be cases when the environment is improved by other means such as moving a driveway.  Thomas Hughes and Iora Alexander each stated the Commission wants to accommodate what wants to be done on the beach center but also needs to consider individual homeowners. Kevin Avery asked if the audience wanted to put together a draft regulation for the Commission to review.  Ron Laffley volunteered to put together draft language for the residential side. Wayne Capolupo was nominated to put together draft commercial regulation language. Thomas Hughes wants to see clear language allowing utilities to fix emergency situations, e.g., to replace water lines.  Thomas Hughes stated that we would have a residential and business component.  Kevin Avery motioned to continue this to the April 5, 2006 meeting at 7:15 p.m.  Thomas Hughes seconds.  Motion was unanimously approved.

 

 

E.  NEW BUSINESS

 

Thomas Hughes motioned to take E - New Business out of order. IA seconds.  Motion was unanimously approved.

 

1) Forest Road wetlands crossing

 

Scott L’Italien from Apple Associates represented the applicant. Scott told the Commission that this property was under agreement and that the applicant would like to build a single family home on the site.  Scott explained that the applicant would like to cross the wetland and dig for perc tests.  Thomas Hughes said that where Scott wants to dig is a concern.  Kevin Avery said that usually when someone wants to do test pits the ANRAD is already done.  Kevin Avery said he would like to see an ANRAD. Thomas Hughes said he would like at least to have the wetlands delineated. Thomas Hughes said the Board needed more information before approving this proposal.

 

2) Sand Removal, Steve Bryan, 308 N. End Blvd

 

Agent Rowden explained that she had received a request to have this on the Agenda.  The applicant was not present to explain his request.

 

3) Henry Richard, 68 Hayes St

 

The applicant was not present.  Tom Hughes wants more information on this request.

 

 

D.  OLD BUSINESS

1) CoC bond, Lynn McGoff 13 CCC Rd.   The applicant was not present for discussion.

 

 

2) Request for CoC, Gorman Realty 591-595 N.End Blvd.   The applicant was not present for

    discussion.

MARCH 15, 2006     Page 5

 

3)   Frank Gorman, 227 Beach Rd

      Rick Whaley recommends sending a letter to the applicant for resolution.  

 

 

4) Request for CoC, Marilyn Doyle 244 N. End Blvd

 

Rick Whaley visited the site. The Board members discussed the fence.  Thomas Hughes said the Board needs more information from the state.  Agent Rowden has asked CZM for information and is awaiting a response.  Iora Alexander requested more specifics.   

 

 

5)   Request for CoC, Forest Rd LLC, 9 Toll Rd   The applicant was not present for discussion.

 

 

F.  ENFORCEMENT ORDERS:

There were none present to discuss the Enforcement orders.

 

 

G.   SITE INSPECTION REPORTS 

There were no site inspection reports.

 

EXECUTIVE SESSION

Kevin Avery moved to go to Executive Session. David Hughes seconds.  Rick Whaley, Kevin Avery, Iora Alexander and David Holscher vote in the affirmative.  Thomas Hughes abstains.  Thomas Hughes states that Executive Session should be posted on the Agenda.

The Commission went into Executive Session.

 

Adjournment

David Holscher motions to adjourn.  Thomas Hughes seconds.  Motion was unanimously approved. The meeting adjourns at 10:25 p.m.

 

 

 

 

 

 

 

 

 

 

 

Approved: April 5, 2006