Salisbury Conservation Commission   Minutes

April 5, 2006

 

 

MEMBERS PRESENT:  Rick Whaley (RW), Chairman, Kevin Avery (KA),

 Iora Alexander (IA), David Holscher (DH), Thomas Hughes (TH), and Michael Greene (MG) (7:35pm).

 

ALSO PRESENT:  Conservation Agent  Michelle Rowden 

 

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 reviewed minutes from previous meetings.

 

January 18, 2006

Iora Alexander motions to approve the minutes of the January 18, 2006 Conservation Commission meeting.  David Holscher seconds.  Rick Whaley, Iora Alexander, David Holscher and Kevin Avery vote to approve the minutes.  Thomas Hughes abstains. Michael Greene not present. 

 

February 1, 2006

Iora Alexander motions to approve the minutes of the February 1, 2006 Conservation Commission meeting.  David Holscher seconds.  Rick Whaley, Iora Alexander, David Holscher and Thomas Hughes vote to approve the minutes.  Kevin Avery abstains. Michael Greene not present. 

 

 

March 1, 2006

Iora Alexander motions to approve the minutes of the March 1, 2006 Conservation Commission meeting.  Kevin Avery seconds.  Rick Whaley, Iora Alexander, David Holscher and Kevin Avery vote to approve the minutes.  Thomas Hughes abstains. Michael Greene not present. 

 

March 15h, 2006

Iora Alexander motions to approve the minutes of the March 15, 2006 Conservation Commission meeting.  Kevin Avery seconds.  Rick Whaley, Iora Alexander, David Holscher, Kevin Avery and Thomas Hughes  vote to approve the minutes.  Michael Greene not present. 

 

January 4, 2006

When all members present, Iora Alexander motions to take the minutes of the January 4, 2006 Conservation Commission out of order. Kevin Avery seconds. The motion was unanimously approved.  David Holscher motions to approve the minutes of the January 4, 2006 Conservation Commission meeting. Iora Alexander seconds. Rick Whaley, Iora Alexander, David Holscher and Michael Greene vote to approve the minutes. Kevin Avery and Thomas Hughes abstain.

 

B. BUILDING PERMITS

 

Jose & Jeanne Arango, 73 Lafayette Rd.

Jose Arango requests a building permit. Kevin Avery motioned to approve the building permit for 73 Lafayette Road. Thomas Hughes seconds. The motion passed unanimously.


April 5, 2006  Page 2

C. PUBLIC HEARINGS

Public Hearings were opened.

 

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

 

Kevin Avery motioned to continue this to the May 3, 2006 meeting at 7:15 p.m. 

Thomas Hughes seconds.  Motion was unanimously approved.

 

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

 

Kevin Avery motioned to continue this to the April 19, 2006 meeting at 7:15 p.m. 

Thomas Hughes seconds.  Motion was unanimously approved.

     

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

               

Kevin Avery motioned to continue this to the April 19, 2006 meeting at 7:15 p.m. 

Thomas Hughes seconds.  Motion was unanimously approved.

 

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

 

Brian Knowles of Apples Associates represented the applicant.  Brian Knowles presented a revised plot plan and a letter responding to Mary Rimmer to the Commission.  Iora Alexander asked if the letter could have been available earlier. Brian Knowles said the letter should have been received at Town Hall today. Brian Knowles stated that he wants to resolve the Enforcement Order and that he had thought that they had resolved the wetland line issues. The Commission reviewed aerial photos of the site with Brian Knowles.  Brian Knowles showed where he would remove the eighteen inches of fill. Kevin Avery motions to allow the applicant to remove the old and new fill back to the line shown on the March 31, 2006 plans. Thomas Hughes seconds with the conditions that the applicant grade back to pre-existing contours and that the site is stabilized (e.g. mat). The motion passed unanimously. Thomas Hughes stated that the purpose of approving this motion is that, if successfully done, then the Commission’s intent is the lift the Enforcement Order at that time.

 

Brian Knowles addressed the wetland line stating that the proposed building could be within the 25 foot rule. Brian Knowles stated he would be willing to move the building and mitigate if necessary.  Brian Knowles asked if this would be allowed.  Kevin Avery asked if his wetland scientist agreed with Mary Rimmer’s wetland line. Thomas Hughes said to find out exactly where the line is and to do data sheets. Once the Commission has that information, they can discuss the project. Thomas Hughes motions to continue this to the April 19, 2006 meeting at 7:15 p.m.  Iora Alexander seconds. Motion was unanimously approved.  

 

 

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

 

Matthew Steinel of Millennium represented the applicant.  Matt Steinel provided new plans to the Commission and stated that the DEP money issue was resolved.  Matt Steinel stated that the new plans show a one to one and a half replication.  Rick Whaley asked why the applicant needed the barn. Matt Steinel replied that the applicant is a carpenter. Matt Steinel said he met with the  town DPW as there was concern about the size of  the pipe. They will use a twelve inch pipe. Matt Steinel stated that the swale will be six inches deep at deepest part.  Iora Alexander questioned the retaining wall.  Thomas Hughes reviewed aerial photos.   Matt Steinel said he has spoken with Mike Abel.  Kevin Avery motions to approve this project pending feedback from DEP. David Holscher seconds. Thomas Hughes states that he wants to


April 5, 2006  Page 3

Public Hearings /C 5/ continued

 

incorporate the prior record including previous site condition concerns and issues raised by abutters. Rick Whaley confirms that if the DEP  comments are negative the Commission will re-visit the project.  Rick Whaley asks if anyone in audience has questions or concerns.  No one responds.  Rick Whaley, Iora  Alexander, Kevin Avery, David Holscher, and Michael Greene vote to approve the motion. Thomas Hughes abstains. The motion carries. The Board signs the Order of Conditions but directs Agent Rowden to hold the documents until the Commission receives the DEP comments.

 

 

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

 

Ron Laffley represented the applicant. Ron Laffley presented a memo from Mike Abel to the Commission. Ron Laffley advised the Commission that he received permission from the Zoning Board for this project. Ron Laffley reviewed the plan. Ron Laffley asked for permission to use either steel or wood piles.  Ron Laffley asked for permission for a pressure treated wood  frame foundation which would protect the utilities from frost. Kevin Avery motions to approve the project. David Holscher seconds.  The motion passed unanimously.

 

 

8) Amended NOI:  George Hughes, 7 McCarthy Way (Original 4/5/06)

 

Iora Alexander motions to take this out of order. David Holscher seconds. The motion passed unanimously.

Ron Laffley represents the applicant and provided revised plans. Ron Laffley said this was published in newspaper.  Ron Laffley stated that three changes were made to comply with the  Planning Board. The swale was made deeper and changed on the plans, the proposed enclosed garage will now be an open car port, and the elevation was changes so that parking will be at elevation 7. Thomas Hughes asked what elevation of the first floor would be. Ron Laffley said 10.  Thomas Hughes questioned what material the applicant will park on. Ron Laffley said Gravel Pave 2 and provided the Commissioners with a sample of this material.  Kevin Avery moved to approve the amended plans. Thomas Hughes seconds.  The motion passed unanimously.

 

 

Chairman Whaley called for a 5 minute break.

 

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

 

Copies of the proposed Residential and Commercial beach paving amendments were provided to the Commission.  Thomas Hughes clarified that we do not need separate regulations but standards that will work for both residential and commercial. Rick Whaley read the minutes from the previous meeting regarding this issue.  Ron Laffley stated that there are regulations in place and that the residential proposal  provides copies/references of the existing regulations. He reviewed the contents of his proposed residential package. Kevin Avery stated that in conversation with Ron Stelline of the DEP today that the discussion was that any paving on the barrier Beach must have at least an RDA.  Attendees voiced concern over what was law and what was unwritten policy.  Thomas Hughes stated that the Commission needs to make sure that when the Board gives approval that we are not opening residents up to possible state fines. He said it was the Board’s responsibility to enforce DEP regulations and our Wetland Protection Act.  We (Commission) cannot abdicate our responsibility to the Building Inspector.  He stated that when anyone does any work in the Resource area that they need state permits. Thomas Hughes recommended a simplified RDA,  a checklist,  photos, and a plot plan to scale for re-paving.  Attendees remarked favorably to the simplified RDA and


April 5, 2006  Page 4

Public Hearings /C 7/ continued

checklist suggestion.  Kevin Avery stated that we need to clarify what the average person has to do to re-pave his driveway.   Mr. Peterson mentioned that it might be a hardship for some to attend night meetings for an RDA approval.  Rick Whaley advised Mr. Peterson that they could have a representative such as Mr. Peterson represent them.  Iora Alexander stated that it was their intention to improve the barrier beach whenever we can. The attendees discussed  the need for definitions of re-paving, re-surfacing, and replacement. Kevin Avery mentioned that he likes the mitigation language in the proposed commercial proposal. Thomas Hughes asked if we want to come up with a maximum number of feet maximum thickness.  Rick Whaley asked if we could move forward, defining pot holes, replacement of utilities and come up with something  as the season for driveway repair is upon us. Thomas Hughes moved to continue this issue to the next meeting on April 19, 2006 at 7:15 p.m. and have the Conservation Agent take the proposed business/commercial version and make revisions and clarifications so that the Commission has a draft beach paving amendment for approval at the next meeting.   Kevin Avery seconds.  The motion passed unanimously.

 

 

 

D.  OLD BUSINESS

Rick Whaley  asked for a motion to take items out of order.  Thomas Hughes motions to take D6 through E5 out of order. David Holscher seconds. The motion passed unanimously.

 

6) Request for CoC, Forest Rd LLC, 9 Toll Rd.

 

Scott L’Italien from Apple represented the applicant.  Scott L’Italien said the only change was adding a well. Thomas Hughes if it was a dug or drilled well and where the well was from the wetland. Commissioners reviewed the plan. Kevin Avery moved to approve the Certificate of Compliance. Thomas Hughes seconds. The motion passed unanimously.

 

 

7)   Test pits, Forest Rd.

 

Scott L’Italien from Apple represented the applicant. He explained they were asking for permission for test pits. Kevin Avery and Brian Knowles reviewed the area where the testing would be done.  Thomas Hughes asked if an excavator would fit. Kevin Avery said yes. Kevin Avery said the flags look OK.  Rick Whaley asked if given approval to test how long it would take. Scott L’Italien said as soon as possible. Kevin Avery motioned to allot test pits be dug at Forest Road in next fourteen days. Iora Alexander seconds.  The motion passed unanimously.

 

1)  Restoration plan, Lynn McGoff 13 CCC Rd.   No Discussion

 

2)  Single Family Home, Henry Richard, 68 Hayes St.   No Discussion

 

3)   Request for CoC, Gorman Realty 591-595 N.End Blvd.  No Discussion

 

4)  Frank Gorman, 227 Beach Rd.   No Discussion

 

5)   Request for CoC, Phil & Marilyn Doyle 244 N.End Blvd.  No Discussion


April 5, 2006  Page 5

 

 

E.  NEW BUSINESS

 

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

 

Jim Babbin from Millennium represents the applicant. Jim Babbin explained that  the change is to allow the building be on a foundation ipo piles. Thomas Hughes asked about additional borings. Jim Babbin said the test borings were done by a structural engineer. Thomas Hughes asked about flood louvers.  Jim Babbin said it would be a garage door. Thomas Hughes asked what the FEMA flood plane was and was told A.  Thomas Hughes asked for a copy of the plans. Jim Babbin will request them. Kevin Avery motions to approve the change. Thomas Hughes seconds.  The motion passed unanimously.

 

2)  Request for CoC, Alana Boschen 17 Red Penniman Dr

 

Jim Babbin from Millennium represents the applicant. As built plans dated March 24, 2006 were submitted to  and reviewed by the Commission. The change was that the driveway was shifted. Thomas Hughes asked about the plants and was told the plants were planted last fall. Kevin Avery motions to approve the Certificate of Compliance. David Holscher seconds.  The motion passed unanimously.

 

 

3)   Extension for OoC, Ron & Sally Laffley, 1 Mustang Way

 

Ron Laffley appeared before the Commission.   Mr. Laffley explained that he wants to see what is being built behind his proposed house so that his house will be in context with the neighborhood.  He stated that this will be his primary residence. Kevin Avery moves to grant a one year extension from date of expiration of the OoC. Iora Alexander seconds.  The motion passed unanimously.

 

4) Beaver Dam breach, Craig Wier, Small Pox Brook

 

Kevin Avery steps down to address the Commission as the applicant for this request.  Kevin Avery provided history of the beavers and how they had caused flooding in this area. The neighbors want permission to remove the breach  and leave the site in its natural state and to cut dangerous stumps. Kevin mentioned that they had received permission from the Health Dept. to trap the beavers.  The Commission discussed what was needed to grant this request. Thomas Hughes moved to authorize the removal of the dam and cutting  of damaged potentially dangerous trees to the extent they are allowed to without authority but give the Conservation Agent a few day to investigate the proper paperwork.  Iora Alexander seconds.  The motion passed unanimously.

 

5) Plan amendment, Thomas Leonard, 426 N. End Blvd.

 

Thomas Leonard appeared before the Commission requesting to use permeable pavers instead of turf stone on his property.  He brought samples and information on the material he would like to use. The new pavers will be UNI Eco-stone permeable pavement for stormwater management . He stated he is reducing the size of his driveway and adding plants.  In reviewing the plans, Thomas Hughes notices changes from the approved walkway. Thomas Hughes advised Mr. Leonard to keep to the outline of the approved plans. Mr. Leonard asked if he could use concrete in his garage floor.  He was not given permission for this change. Kevin Avery motioned that Mr. Leonard’s change to permeable pavers ipo turf stone  be allowed.  Thomas Hughes seconds.   The motion passed unanimously.


April 5, 2006  Page 5

 

 

F.  ENFORCEMENT ORDERS:

 

           

1) 146 N. End Blvd.

 

Jim Babbin from Millennium represents the applicant. Jim Babbin showed pictures to the commissioners.  Jim Babbin reviewed the pictures and discussed the plan with the Commissioners. The plan is to remove the rubble, cap areas, stabilize wall and leave as u-shape.  Thomas Hughes said the issue would be resolved if the applicant make the discussed changes. Rick Whaley asked for a letter stating the work was done for the file

 

 

There was no discussion on any other Enforcement Orders. 

 

 

G.   SITE INSPECTION REPORTS 

There were no site inspection reports.

 

 

Adjournment

Thomas Hughes  motions to adjourn.  Rick Whaley  seconds.  Motion was unanimously approved. The meeting adjourns at 11:15 p.m.

 

 

 

 

 

 

Approved:  June 7, 2006