Salisbury Conservation Commission Minutes

April 19, 2006

 

                                   

 

 

MEMBERS PRESENT:  Kevin Avery (KA),  Iora Alexander (IA),  David Holscher (DH),  Thomas Hughes (TH), and Michael Greene (MG).

 

ABSENT:  Rick Whaley

 

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

 

Kevin Avery opened the meeting at 7:12 p.m. under the Wetlands Protection Act and the Town of Salisbury Wetlands Protection Bylaws.

 

 

A. MINUTES

 

Thomas Hughes moved to continue the review of the April 5, 2006 meeting minutes to May 3, 2006 at 7:15 p.m.  David Holscher seconded the motion.  The motion passed unanimously.

 

 

B. BUILDING PERMITS

 

No building permits were presented.

 

C. PUBLIC HEARINGS

Public Hearings were opened at 7:18 p.m.

 

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

 

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

Thomas Hughes seconded the motion.  Motion was unanimously approved.

 

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

 

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

Kevin Avery seconded the motion.  Motion was unanimously approved.

 

     

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

               

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

David Holscher seconded the motion.  Motion was unanimously approved.


April 19, 2006  Page 2

 

4) RDA: Jack Halloran, 28 Liberty St. (Original 4/19/06)

 

Jack Halloran and his contractor Gene Mulligan appeared before the Commission. They presented a plan to the Commission for review. The applicant explained that he was removing a mobile home and deck, and replacing only the mobile home. Thomas Hughes asked if the new mobile home would be the same size and was told yes. Thomas Hughes asked if there would be trenching or disturbing the ground. The answer was no. Thomas Hughes asked about the utilities and Gene Mulligan said they have the water and gas permits and are waiting for Mass Electric. Thomas Hughes moved to issue a negative Determination of Applicability since there would be no disturbance to the ground.  Iora Alexander seconds. The motion was unanimously approved.

 

5) Amended NOI:  Richard Monahan, 479 N. End Blvd (Original 4/19/06)

 

Kevin Avery asked if there was anyone present to represent Mr. Monahan. There was no response. Thomas Hughes motioned to Table this to the end of the Public Hearings. David Holscher seconds the motion.  The Motion to Table was unanimously approved.

At the end of the Public Hearings, Kevin Avery asked if there was anyone present to represent Mr. Monahan and there was no one present.  Hearing was continued to the May 3rd meeting.

 

 

6)  RDA:  Amy O’Grady, 113 Railroad Ave (Original 4/19/06)

 

Amy O’Grady appeared before the Commission.  Amy O’Grady was seeking approval to replace a  slate egress and bulkhead.  Amy O’Grady explained that this all she is seeking for now but that she plans to expand later.  Kevin Avery confirmed that she was replacing slate on the existing egress site and replacing the bulkhead.  Iora Alexander confirmed that there would be no digging.  Thomas Hughes moved to issue a negative Determination of Applicability providing no digging would be done. David Holscher seconds. The motion was unanimously approved.

 

7)  RDA:  Waldot Realty, 11 Learned Ln. (Original 4/19/06)

 

Kevin Avery steps down for this project.  Thomas Hughes chairs. Wayne Capolupo represents the applicant.  The RDA is for a new septic system. Wayne Capolupo explains that under a previous NOI they replaced an existing house on the site but that the new owners want a new septic system. Thomas Hughes asked when the NOI was done for the house and was told approximately eighteen months ago.  Thomas Hughes questioned the swale. Greg Saab arrived and discussed the plans, swale, run-off, and erosion control with the Commissioners.  Thomas Hughes confirmed they were creating a grassed swale. Thomas Hughes asked if there were abutters present to discuss the project.  None were present.  Iora Alexander  moved to issue a negative Determination of Applicability. David Holscher seconds. The motion was unanimously approved.

 

8) RDA:  Kathleen Kennedy, 230 N. End Blvd. (Original 4/19/06)

 

Kathleen Kennedy  appeared before the Commission.  Kathleen Kennedy explained that she purchased the property in October and wants to make small parking area larger and showed photos to the Commissioners.  Thomas Hughes expressed concerns about the sand and excavating a dune. Kevin Avery recommended that this request be done via a NOI.   Kathleen Kennedy said she will come back with a NOI.  Commissioners advised that there would be concerns even with an NOI and recommended strengthening the dune.  Kathleen Kennedy withdrew her request for an RDA. Thomas Hughes moves to accept the withdrawal.  David Holscher seconds. The motion was unanimously approved.

 

April 19, 2006  Page  3

9) NOI:  Allen Naffah, 16 Ocean St.  (Original 4/19/06)

 

Bob Grasso represented the applicant and provided copies of the green cards to the Agent. Kevin Avery asked Michelle Rowden what the DEP comments were.  The Agent said “no solid foundation.” Bob Grasso reviewed the plans for the project with the Commission stating that he received OK from the Board of Appeals to build a duplex/condex building with three bedrooms each and parking for four cars.  Kevin Avery asked about a pile plan. Thomas Hughes asked about the size of the footings on the plan.  Iora Alexander clarified that he will be demolishing the existing single family building and going to a duplex.  Thomas Hughes and Kevin Avery both requested more details. Thomas Hughes explained that once the existing house was torn down the entire new building should be on piles.   Michelle Rowden questioned the concrete apron. Kevin Avery asked if there was an existing sidewalk and was told yes. Thomas Hughes motions to continue this project to May 3, 2006 at 7:15 p.m. providing the applicant provides the Commission profile view; plan details; pile plans; the area of solid foundation, and plans showing no more than 100 square feet of concrete for the footin.  David Holscher seconds. The motion was unanimously approved.

 

10) NOI:  MA DCR, 218 Beach Rd. (Original 4/19/06)

 

Susan St. Pierre of Vine Associates, the project engineer, the project architect, Joe Halloran and Mike Magnifico represented the DCR.   Susan St. Pierre stated she will provide the Green cards to the Conservation Commission by the end of the week.   Susan St. Pierre provided the DEP no. 065-0774.  Susan St. Pierre presented the project to the Commission.  She explained that they had previously appeared before the Commission for the demolition of the existing pavilion but were now back for the second phase which is to replace the existing pavilion. They would like to start the  physical construction right after this year’s season.  Susan St. Pierre reviewed the Existing Conditions Plan with the Commission and stated that the Dune Restoration Plan is being worked on.  Susan St. Pierre reviewed the proposed conditions which include replacing  the pavilion with a smaller two story life guard/first aid facility which will have a lift for ADA,  to reconfigure the pathways,  and to have a reduction in impervious area.  Thomas Hughes wanted to know about the reduction in pavement in square footage. The Commission reviewed the plans with the representatives. Thomas Hughes stated and Kevin Avery confirmed  that they need to reduce the paving as much as possible because the same standards we apply to others at the beach will apply here. Thomas Hughes asked why not gravel roads and was told that there was concern for ambulance going over gravel. Thomas Hughes recommended that  1.2 to 1 is the standard mitigation.  Thomas Hughes asked for the square footage numbers for the current impervious footage and what is proposed.  Thomas Hughes stated that the Commission needs to review at least the dune proposal. Thomas Hughes motions to continue this project to May 3, 2006 at 7:15 p.m. David Holscher seconds the motion. The motion was unanimously approved.

 

 

11) Beach Paving Amendment

 

Kevin Avery asked Michelle Rowden to read the revised Wetlands Regulation amendment to the attendees.  Ron Laffley asked about including the Architectural Access Board code which is applicable in Massachusetts in the revised amendment, and he asked about enforcement.  Michelle Rowden asked him if access and ADA issues were  more of a concern for the Building inspector and not Conservation Commission concerns.  Kevin Avery asked if there was any harm in adding the Architectural  Access Board code to the new regulation. Thomas Hughes did not see the need to add this but has no objection to adding it to the new regulation. The Attendees and Commission discussed walkways, access from the entrance of a building/dwelling with the minimum practical length from either a driveway or public right of


April 19, 2006  Page  4

11) Beach Paving Amendment continued

 

way,  and health and safety issues. Ron Laffley advocated someplace to park such as the 10 x 20’ area allowed by zoning.  Thomas Hughes suggested replacing the words impervious surface to paved surface in the amendment.  Wayne Capolupo expressed concerns over having to submit an RDA even to fill a pot hole. Mr. Capolupo also voiced his concern for keeping with the intent of  the paving By Law passed by Town Meeting.  Michelle Rowden mentioned that we work under the Wetlands Protection Act  and the Town of Salisbury Wetlands Protection Bylaws and that the Town bylaw passed at Town Meeting is separate from the WPA and Concom bylaw.   Kevin Avery stated that the repair of existing paving must have an RDA from his discussion with Ron Stelline of the DEP.  Michelle Rowden asked how we would track without an RDA.  Iora Alexander mentioned the purpose is to protect the barrier beach.  Thomas Hughes stated that we could put out an information sheet on how to fill out an RDA.  Thomas Hughes stated that it should not be a problem for skim coat or small pot holes that could be fixed manually. Thomas Hughes stated that a negative determination on an RDA provides protection to the applicant.  Thomas Hughes recommended voting to approve the amendment incorporating some changes discussed at the meeting in order to allow townspeople  to start work prior to Memorial day.  Kevin Avery and David Holscher both stated that they would prefer to wait and vote on a hard copy of  the revised amendment. Michael Greene mentioned that it could be hard having folks file an RDA to repair a pot hole.  Thomas Hughes motions to continue this to May 3, 2006 at 7:15 p.m. and have the draft regulation are first on the Agenda.  David Holscher seconds the motion. The motion was unanimously approved.

 

 

D.  OLD BUSINESS

 

There were no applicants present to discuss Old Business and all items were continued to the next meeting, May 3rd.

 

E.  ENFORCEMENT ORDERS:

 

There were none present to discuss the Enforcement orders.

 

F.   SITE INSPECTION REPORTS 

 

There were no site inspection reports.

 

G.   EXECUTIVE SESSION 

 

There was no Executive Session.

 

Adjournment

Kevin Avery motions to adjourn.  Iora Alexander seconds.  Motion was unanimously approved. The meeting adjourns at 10:45 p.m.