Salisbury Conservation Commission  Minutes

May 17, 2006

             

 

MEMBERS PRESENT:  Rick Whaley, Chairman,  David Holscher,  Thomas Hughes, and Michael Greene.

 

ABSENT:   Kevin Avery, Iora Alexander,  

 

ALSO PRESENT:  Conservation Agent Michelle Rowden 

 

Rick Whaley opened the meeting at 7:28 p.m. under the wetlands protection act and the Town of Salisbury Wetlands Protection Bylaws.

 

 

A.  MINUTES

 

Thomas Hughes moved to continue the minutes to the June 7, 2006 meeting at 7:15 p.m.  

David Holscher seconds.  The motion was unanimously approved.

 

 

B. BUILDING PERMITS

 

375 North End Boulevard, Lots 1, 2, 3, 4, 5, 6, 7 and 9

Tom Hughes moved to authorize the Chairman to sign the Building Permit after the Chairman confirms that he is authorized to sign since they are covered under the Superseding Order issued by DEP.  Dave Holscher seconds the motion. The motion was unanimously approved.

 

17 Carter Avenue

Dave Holscher moved to sign the Building Permit. Mike Greene seconds the motion. The motion carries with Rick Whaley, Mike Greene, and David Holscher voting in the affirmative. Thomas Hughes abstains. The Building Permit was signed.

 

14 Hayes Street

Thomas Hughes clarified that this is the removal and replacement of a mobile home and that pouring will be for the pad only.  Rick Whaley stated that the replacement home can be no closer to the lot line than the original mobile home. Thomas Hughes motions to sign the Building Permit. David Holscher seconds the motion. The motion was unanimously approved. The Building Permit was signed.

 

36 Elmwood Street

Matthew Steinel of Millennium represented the applicant. He stated that the thirty day waiting period for the DEP comments ends tomorrow and that the applicant will record the OoC then. Tom Hughes stated that he would approve contingent upon the Order of Conditions being recorded. Thomas Hughes moved to authorize the Chairman to sign the Building Permit after the Chairman determines that there is a valid Order of Conditions filed and recorded.  Dave Holscher seconds the motion. The motion was unanimously approved. The Commission is waiting for the recorded OoC before releasing this Building Permit.

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C. BEACH PAVING AMENDMENT

 

Rick Whaley asked to be brought up to date. Thomas Hughes stated that in previous meetings the Commission felt that some work to paved surfaces was so minor in nature that an RDA would not be required. These exceptions include seal coating, sealing cracks in existing asphalt (not filling-in cracks), and minor repairs by hand. These exceptions would not require approval of the Commission. Rick Whaley said it should be the same vein that if an existing driveway was paved in winter and had minor material moved that the owner should be allowed to maintain his driveway by re-positioning the material that is already there.  Thomas Hughes, although agreeing that people should be allowed to maintain their driveway, stated concern for using equipment and limiting how much additional material so as not to re-grade the dune. Rick Whaley asked the audience for comments. Ron Laffley stated a concern that his previous comments on including hard surfaces for parking had not been included in the Beach Paving revisions.  Rick Whaley asked the Commissioners for a motion. Thomas Hughes stated he would feel more comfortable if everyone on Commission was included. Thomas Hughes recommended a revision to 2.02 (5) (a) so that this section would now read:

(a)    A Request for Determination of Applicability must be submitted for resurfacing and repairing of existing paved surfaces.

      -Exceptions may be made for minor repairs by hand.  Seal coating and

       sealing of cracks does not require approval under these regulations.

 

Rick Whaley wants wording for maintenance of existing gravel driveways in the amendment. Tom Hughes mentioned to continue the hearing unless an approval was made.  David Holscher motioned to close the Public Hearing on this but to include capturing the revised language provided by Thomas Hughes for 2.02 (5)(a) with respect to exceptions for minor repairs; that  cracks do not require an RDA, and to open this Public Hearing for further debate later on. Michael Greene seconds. The motion was unanimously approved.

 

D. PUBLIC HEARINGS

 

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

 

Thomas Hughes motioned to continue this to the next regularly scheduled meeting, June 7, 2006 at 7:15 p.m.   David Holscher seconds.  Motion was unanimously approved.

 

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

 

Thomas Hughes motioned to take this item Out of Order.  David Holscher  seconds.  Motion was unanimously approved.

Thomas Hughes motioned to continue this to the next regularly scheduled meeting, June 7, 2006 at 7:15 p.m.   David Holscher seconds.  Motion was unanimously approved.

 

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

 

Thomas Hughes motioned to take this item Out of Order.  David Holscher seconds.  Motion was unanimously approved.

Thomas Hughes motioned to continue this to the next regularly scheduled meeting, June 7, 2006 at 7:15 p.m.   David Holscher seconds.  Motion was unanimously approved.

 

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

 

Thomas Hughes motioned to take this item Out of Order.  David Holscher seconds.  Motion was unanimously approved.

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Thomas Hughes motioned to continue this to the next regularly scheduled meeting,

June 7, 2006 at 7:15 p.m.   David Holscher seconds.  Motion was unanimously approved.

     

 

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

 

Bill Collins represented the applicant. Mr. Collins presented and reviewed the plan, the drainage plan and explained the catch basins. Michelle Rowden stated that Joe Serwatka is still reviewing this proposal. Thomas  Hughes questioned who brought in the fill. Ron D’Arangelo spoke and said the clearing was done by the previous owner.  Thomas Hughes said we need to look and determine when the fill was brought onto the property.  Thomas Hughes questioned calling the stream intermittent. Rick Whaley asked if Mary Rimmer had reviewed.  Mary Rimmer confirmed that the stream was intermittent. Rick Whaley stated that the Commission does not have all comments on the latest revision. Thomas Hughes motioned to continue this to the next regularly scheduled meeting, June 7, 2006 at 7:15 p.m.   Michael Greene seconds.  Motion was unanimously approved.

 

 

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

 

Laurianne Powers of Seekamp Environmental and Greg Bowden represented the applicant.

Joan Stevens  was also in attendance.  Ms. Powers provided a review of the residential sub-division plan showing the existing and proposed project.  Ms. Powers stated that twelve acres will be donated to the Town of Salisbury and that fifty-nine acres will be sold to a conservation group.  Ms. Powers said she has met with the Natural Heritage Endangered Species Program (NHESP) and that Mary Rimmer has reviewed the design. Rick Whaley asked about the DEP comments. Ms. Powers said she has addressed Mike Abell’s concerns and that he is satisfied pending approval of NHESP.  Rick Whaley asked how they did that. Ms. Powers said  they have pulled buildings back and added restoration areas. Thomas Hughes asked what Mary Rimmer had to say. Mary Rimmer stated that the DEP comments were the same as hers. She explained that Rimmer Environmental was the agent of the Conservation Commission. Ms. Rimmer stated she has reviewed the wetland boundaries along the river. Ms. Rimmer stated some patches are freshwater.  Ms. Rimmer had a working session on performance standards.  Ms. Rimmer stated the project complies with the town 25 feet no disturb and 40 feet no build zone with an exception on Lot 10.  Ms. Rimmer stated that the applicant did an alternative analysis which was evaluated and demonstrated that there was no other alternative for this project to be economically feasible with development of  less than seven lots and that she is satisfied that the applicant met their burden of proof.  Mary Rimmer stated the applicant has made changes including shifting Lot 10, and relocated the roadway.  Mary Rimmer reviewed the plans with specific lot comments. With respect to rare species, Mary Rimmer said to wait until we hear from NHESP and learn of their conditions. Mary Rimmer stated that prior to an Order of Condition (OoC) being issued that it be contingent on mitigation, NHESP comments, that she does not recommend a partial OoC, and that any changes in plans come back to the Conservation Commission.   Mary Rimmer stated she has sent a letter detailing all of her conditions, including identifying any trees that may be cut, to the Commission.   Greg Bowden mentioned that a landscape architect is on board. Thomas Hughes asked about the trees and stated he would like to see deed restrictions on tree cutting.  Thomas Hughes also stated he wants deck restrictions incorporated into the plans. Mary Rimmer said the OoC should state no encroachment towards the river.  Thomas Hughes said he would like to see the construction sequencing laid out.  Ms. Powers said that Joe Serwatka  has reviewed the plans. Thomas Hughes asked about the NHESP concerns. Ms. Powers said the concerns include Bald Eagle and Sturgeon species. Thomas Hughes expressed concerns about docks and stated he would like to see language prohibiting docks in the Conditions to

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send a clear message.  Mary Rimmer stated she has no opinion on the impact of docks.  Ms. Powers stated a concern about prohibiting docks without a study.  Joan Stevens spoke and

expressed her concern that it is becoming difficult for people to use and enjoy their land. Rick Whaley asked if there were anyone else who wished to speak on this proposal.  Mr. Renz, an abutter, came forward.  Mr. Renz  referring to the plans stated concerns on the setbacks, drainage, fill, tree removal and restoration area. Mr. Renz questioned the distance from the coastal bank line. He expressed concern about the impact to the riverfront area. Mr. Renz requested a copy of Mary Rimmer’s report.  Rick Whaley stated that the coastal bank area was a concern.  Rick Whaley asked Mary Rimmer to  reply to the Coastal Bank concern. Mary Rimmer will look further at the distance from the coastal bank.  Thomas Hughes wants a site visit with the houses and trees staked out.  Mr. Renz questioned the amount of impact to the riverfront area. Ms. Powers stated is it 7.7%. Mary Rimmer stated they are allowed to impact 8% of the whole parcel.   Thomas Hughes motioned to continue this to the next regularly scheduled meeting, June 7, 2006 at 7:15 p.m. where the Commission will entertain changes to the plan incorporating the changes of the Commission; including a site walk coordinated by the Agent, and stakes in the ground for the lots and turnaround. David Holscher seconds.  Motion was unanimously approved.

 

 

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

 

Martha Rhinehardt  of Vine Associates represented DCR. Ms. Rhinehardt stated the previous DCR proposal to demolish the existing Pavilion is currently taking place and may be completed by Memorial Day.  She stated the current proposal is to replace the Pavilion with a smaller Pavilion allowing for a  Lifeguard and Fist Aid station. Ms. Rhinehardt stated that at a previous meeting the Commission asked for a reduction to the impervious area. Ms. Rhinehardt stated the net reduction of the impervious area is now 59%, and that there is a 30% reduction from the current to proposed paved area. The remaining paving is for maintenance and ambulances. Ms. Rhinehardt reviewed the plans.  Ms. Rhinehardt stated they met with the DEP last Friday and that the Pavilion building is moved 35 feet away from the original proposal to comply with the DEP concern. New plans are being done to show compliance with the DEP and will be provided to the Commission.  She stated that a Dune rehabilitation plan was submitted to the DEP and Coastal Management commission.  The Dune area will be planted with American beach grass. Thomas Hughes requested a letter that the DEP approves the revised plans. Thomas Hughes moved to approve the project  with the conditions that  DEP and CZM have no problem with the plans submitted May 17, 2006, and that prior to construction the Commission see construction plans.  David Holscher seconds. Motion was unanimously approved.

 

Recess

Chairman Whaley declared a three minute recess. Chairman Whaley explained that the meetings

usually continue to hear all applicants but that since we were meeting in the school the meeting

needed to conclude at 9:45 p.m.

 

 

F.  NEW BUSINESS

 

1)   Request for CoC, Sherry Libby, 25 11th St.

 

David Holscher motioned to take this item Out of Order.  Michael Greene seconds.  Motion was unanimously approved.

Thomas Hughes moved to allow the applicant to remove rotting hay bales.  Rick Whaley seconds.  Motion was unanimously approved.


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D. PUBLIC HEARINGS continued

 

8) NOI:  Phillip & Karen Fichera, 368 N. End Blvd (Original 5/3/06)

 

Ron Laffley represented the applicant. Mr. Laffley reviewed the plans showing the building,  retaining wall, garage,  easement to one family, and gravel pave walkway. He stated that the poured concrete has been poured by a neighbor. He stated the plan is to keep the lawn but also to plant a hedge of roses, and that there will be a roll up for beach access.  Thomas Hughes questioned stairs to the beach. Ron Laffley stated the stairs are existing and that they are not proposing to change anything outside the property. Thomas Hughes has concerns and would like to see photos.  Rick Whaley suggested we continue this to the next meeting.  Ron Laffley invited a site walk.  Davis Holscher motioned to continue this to the next regularly scheduled meeting, June 7, 2006 at 7:15 p.m.   Michael Greene seconds.  Motion was unanimously approved.

 

Next Meeting

Commission members discussed having an additional meeting next week.  A consensus of availability could not be reached and so the next meeting will be the regularly scheduled

Meeting to be held June 7, 2006 at the Senior Center at 7:00 p.m.. 

Thomas Hughes moved that the Commission will start the next meeting with those proposals

remaining from tonight’s meeting  (start with the NOI for Philip and Karen Fichera)  and

continue in order from there at the next meeting.  Michael Greene seconds.  Motion was unanimously approved.

 

 

 

Adjournment

David Holscher motions to adjourn.  Michael Greene seconds.  Motion was unanimously approved. The meeting adjourns at 10:50 p.m.

 

 

 

 

 

 

 

Approved: August 16, 2006