MEMBERS PRESENT: Rick Whaley, Chairman, Kevin Avery, Iora Alexander, and David Holscher
ABSENT: Thomas Hughes, and Michael Greene
ALSO PRESENT: Conservation
Agent Michelle Rowden
Rick
Whaley opened the meeting at
A. MINUTES
The Board discussed approval of previous Conservation
Commission meeting minutes.
Kevin Avery motioned to approve the minutes of the
Kevin Avery motioned to approve minutes of the
Kevin Avery moved to continue the review of the
B. BUILDING PERMITS
George
Hughes and Ron Laffley of Fulcrum Architects appeared before the Board and
requested building permits for each of the five buildings on this
property. Kevin Avery moved to authorize
the Chairman to sign the Building Permits for
C. PUBLIC HEARINGS
Chairman Whaley advised the audience that Continuances had been requested for the
following Public Notices; C7, C15, C16, C17, and Old Business E1, and New Business F3.
7) NOI: Waldot Realty,
Kevin
Avery motioned to continue the Public Hearing for
June 7, 2006 Page 2
15) NOI: Toler LLC,
Iora
Alexander motioned to continue the Public Hearing for
16) NOI: Joan Stevens,
14A-C Friedenfels Rd. (Original
Kevin
Avery motioned to continue the Public Hearing for 14A-C Friedenfels Road to the,
17) NOI: Ron Poulin,
Kevin
Avery motioned to continue the Public Hearing for
14) NOI: Robert Jacobs,
James
Babbin came forward for the applicant and requested a continuance of this to
1) Beach Paving Amendment
A
copy of the proposed amendment was available to the audience. The Commissioners
discussed the proposed amendment. Rick Whaley stated that the Commission was
looking for pervious material to be used whenever possible. He stated that the
Commission realizes that there are times when small repairs are required. Enlargements require a Request for Determination
to be filed with the Commission. Rick
Whaley made a clarifying suggestion to add the word which in (5) (a) after the word cracks and before the word do.
Agent Rowden suggested adding the words or
other material after the word gravel and before the word needs later in the
same paragraph so that 2.02 (5) (a) would now read:
(a)
A Request for
Determination of Applicability (RDA) must be submitted for resurfacing and
repairing of existing paved surfaces.
-Exceptions
may be made for minor repairs by hand, sealcoating, and
sealing of cracks
which do not require approval under these regulations. Redistribution and repair of gravel areas does
not require filing an RDA unless
new gravel or another comparable material needs to be
brought into the site.
-Approval is contingent upon the existing
pavement having been installed
under an Order of Condition or before 1978.
Iora Alexander stated that after 1978 it would
be good to have a photo. Rick Whaley said the DEP would be looking for photos.
Chairman Whaley asked the audience for any input or comments. There was no
response. Iora Alexander motioned to
accept and approve the Beach Paving Amendment as presented and revised and to have
it become effective
as of
June 7, 2006 Page 3
2) Amended
NOI: Richard Monahan,
Doreen
Zankowski represented the applicant.
Ms. Zankowski reviewed a plan dated
3) NOI: Phillip & Karen Fichera,
Ron
Laffley of Fulcrum Architects represented the applicant. Mr. Laffley reviewed the existing and
proposed conditions with the Commission and showed on the plan where they would
be removing the old and replacing the new structure. Ron Laffley reviewed the pile plan. There will
be wood piles for the main part of the house and concrete pilings for the porches.
Mr. Laffley stated
the utilities will be underground. Mr.
Laffley stated they will not be removing the retaining wall but they will be
removing a concrete wall and
in its place they will
plant a hedge row of
4) RDA: William Roderick,
William
Roderick and his
daughter Diane appeared before the Commission.
They clarified that their property is at
June 7, 2006 Page 4
5) NOI: Amin Nabhan,
Jim
Babbin represented the applicant. Jim
Babbin gave an overview stating the applicant was replacing an existing six
unit structure with a
new six unit structure. He reviewed the plan and pictures with
the Commission. There are no garage
doors proposed. Jim Babbin said they plan to use crushed stone in the lot but
will do Gravel Pave 2 if required. Jim
Babbin said there will be and elevator and mechanical room. Iora Alexander questioned the lot line. Jim Babbin
said the property will be set back at either side and they are proposing to
plant Rosa Begosias. Rick Whaley asked it the Building Inspector will have
parking concerns for a building with over four units. Jim Babbin said if they
need a concrete surface they will come back to the Commission. Iora Alexander motioned to approve the
project. Kevin Avery seconded the motion. The Motion was unanimously approved.
6) NOI: Joan Gallahue,
8) NOI: Matt Palis,
Paul
Allunin with Apple represented the applicant. Mr. Allunin presented the plan to add a septic
system installation to the Commission. Rick Whaley questioned why the
Commission did not see this when the applicant applied for a wetland crossing.
Rick Whaley asked how far the septic system would be from the wetland. Mr.
Allunin said 53 feet. Rick Whaley asked about a membrane. Mr.
Allunin said they were not proposing one. Kevin Avery confirmed that the house
was outside the 100 feet area. Donald
and Winfred Pike, abutters,
spoke on this project. They expressed concern for
June 7, 2006 Page 5
9) ANRAD:
James Vaughn,
Jim
Babbin represented the applicant. Jim
Babbin advised the Board that the DEP has visited this site. Mr. Babbin asked
if the DEP is involved is that adequate for a consultant if he presents their
recommendation. Kevin Avery said yes. Iora Alexander motioned to continue the James
Vaughn,
Chairman Whaley declared a two minute recess.
10) NOI: Mark Christ,
Patrick
Seekamp represented
the applicant. Mr. Seekamp noted an
address correction on the site plan which should be
Mr.
Seekamp presented
the site plan for the current proposal of a single family home. Mr. Seekamp
said the applicant has to go before the Zoning Board for approval as the front
of the property is commercial and the rear is residential. Mr. Seekamp said the
DEP is requesting more details. He stated that he is locked into the wet land
line as that line was set by the DEP.
Iora Alexander asked how far the building from the wetland is. Mr.
Seekamp said 42 feet. Rick Whaley asked why he has unstamped plans. Mr. Seekamp
stated he has stamped plans. Kevin Avery asked about the buffer zone
restoration. Mr. Seekamp said they have planted trees and shrubs to re-vegetate.
Rick Whaley asked and Patrick Seekamp confirmed that the envelope is 42 feet
and 46 feet on the other side. Rick
Whaley asked about erosion control. Mr. Seekamp stated hay bales and silt fence
detailed on the plan. Kevin Avery asked and Mr. Seekamp confirmed that the
crossing was existing. Kevin Avery asked about the
driveway. Mr. Seekamp said it was a dirt path. Iora Alexander asked what it
eventually would be. Mr. Seekamp said they plan to
keep it as gravel surface and not pave. Agent Rowden asked about the size of
the culvert. Mr. Seekamp said he was not sure but perhaps sixteen inches and
showed existing pictures. Kevin Avery stated the plans were not complete.
Patrick Seekamp said they were still working with the DEP. Iora Alexander asked what his purpose is
tonight. Mr. Seekamp said to find out what issues the
Commission have so they can be covered in the Plan. Iora Alexander mentioned
the culvert, run-off, distance, and boundaries of erosion control as issues.
Kevin Avery asked where does the water end-up and does the wetland continue.
Patrick Seekamp said yes. An abutter,
Dorothy Pike, expressed concern over the fill-in; the term “associated
structures” in the legal notice; water control, and concern that it might be a
two family home. Rick Whaley advised Ms. Pike that the DEP was involved. Rick
Whaley asked and Mr. Seekamp confirmed that the structure will be in an
envelope. Iora Alexander stated that you can be sure we will hold him to that
envelope. Kevin Avery motioned to continue the 61 Elm
St Public Hearing to
June 7, 2006 Page 6
11) NOI: Mark Cardillo,
Paul
Allunin with Apple represented the applicant. The Board explained that Mr.
Avery would be abstaining on this Public Hearing and that there would not be a
quorum. The representative agreed to a continuance. Iora Alexander motioned to continue the
12) RDA:
Jeremiah & Jean Doyle III,
The
Doyle’s appeared before the Commission and presented pictures. They requested
approval to connect a new sewer hook-up and resurface existing parking
area. They stated the hot top has been
there since they purchased the property in 1981. Iora Alexander asked if they
needed that large a parking lot. Mr. Doyle responded that he has five children
and twelve grandchildren and the parking area is full in the summer. Kevin Avery motioned to issue a negative
determination. David Holscher seconds. The Motion passed with Rick Whaley, Kevin
Avery, and David Holscher voting in the affirmative. Iora Alexander abstained.
13) RDA: Ronald Peredna, 5
Broadway. (Original
Ron
Laffley represented the applicant. Mr. Laffley said the changes are to re-roof
the structure, change the marquee, and change the front
18) NOI: Allen Naffah,
John Hardgreaves represented the applicant. Mr. Hardgreaves showed/discussed plan modifications to
the Board. He stated this is Zoning
Board approved for a 2 family. The structure will all be on pilings and all will
be above Elevation 11. Kevin Avery asked if there was a pile plan and Mr.
Hardgreaves said yes. The plan shows
garage doorways and he will remove them.
Iora Alexander said that it was not necessary to remove the doors as long
as the doors allow for water to flow. Iora Alexander confirmed that it would be
a two story structure. Rick Whaley asked what was presently on the site and Mr.
Hardgreaves said all the existing structure is coming down. Iora Alexander
asked about utilities and was told they will be on the first floor. Rick Whaley asked for clarification on the
utility pad size
and stair access. The representative showed it on the plan and the 10 x10’
utility pad is also the entry way. Rick
Whaley confirmed that the whole perimeter is open and the representative said
two feet above. Iora Alexander
recommended that the plans should be more specific. Kevin Avery motioned to
approve the project with the conditions that the applicant provide modified
plans showing the airway; concrete pad and size; lattice work around perimeter;
openings for garage doors; and services, and show the plan to the Agent. Iora Alexander seconded the motion. In discussion, it was stated that the OoC
will be held until the representative shows the modified plans to the
Conservation Agent. The Motion was unanimously approved.
June 7, 2006 Page 7
19) NOI: Kevin Moury,
Patrick
Seekamp represented the applicant. Mr. Seekamp asked for a continuance.
Kevin
Avery motioned to continue the Public Hearing for
20) RDA:
Denise Lupien,
Peter
and Denise Lupien appeared before the Commission. The asked for permission to
replace the cement floor in their basement which was broken-up to replace drain
pipes. Kevin Avery asked is they were
replacing all or a
portion. Peter Lupien said they were going to replace where
broken and skim coat the rest. Kevin
Avery motioned to issue a negative determination. Iora Alexander seconds. The Motion was unanimously approved.
21) NOI: Frank & Rita Palmisano,
Jim
Babbin of Millennium appeared with Frank and Rita Palmisano. They provided a history of the project which
was that the Palmisano’s started work to replace a water line, breaking up
bottom steps, breaking up concrete pad, digging the hole, and moving material. The DCR, and
Fisheries and Wildlife stopped them and said they needed to sift the sand and make the dune
whole. They presented the letter from the DCR. Rick Whaley confirmed that this property was
adjacent to
Motions: Kevin Avery motioned to ratify the Enforcement
Order. Iora Alexander seconded. The
Motion was unanimously approved.
Kevin
Avery motioned to allow the applicants to finish the water line work to street,
refill with the sand that came out, replace the patios and walkways with Trex
or pressure treated wood, no concrete, and come before the Commission with a
Restoration Plan for the Dune at the August 16, 2006 meeting. Iora Alexander seconded. The Motion was
unanimously approved.
June 7, 2006 Page 8
22) NOI: Michael Crisham,
Matt
Steinel of Millennium represented the applicant. He provided copies of the
green cards to the Agent. Mr. Steinel reviewed
the revised plans for the single family home with the Commission. He stated they
are dealing with DEP issues. The DEP is requesting to see the wetland
delineation cards and he will provide, and the DEP wants to see additional
contouring and he will show. Mr. Steinel
stated it is approximately 41 feet to the wetland and the leaching field will
have a membrane. Kevin Avery motioned to
approve the plan contingent upon the DEP approval of the changes. Iora
Alexander seconds. The Motion was unanimously approved.
E. OLD BUSINESS
Soil Testing extension,
Paul
Allunin with Apple requested an extension. Kevin Avery moved to schedule
another day for a walk through and review pits, and to contact the Agent to advise when
they would be out there. Iora Alexander
seconds. The Motion was unanimously
approved.
F. NEW BUSINESS
1) Concrete floors, Thomas
Leonard 426 N. End Blvd (65-638)
Chairman
Whaley stated that he noticed the concrete truck at the address, saw the
concrete floors being poured, and explained that this was not a part of the
original Order of Condition. Mr. Whaley read from the April 5 minutes which
specifically did not provide permission for concrete. Mr. Leonard stated that he was interested in
the environment but thinking about permeable pavers and the possibility of
leaks, his covered garage, and that he previously had concrete floor he poured
concrete. He stated he would prefer not
to tear-up and finish his project which has been ongoing for about 20 months.
He asked if he could install a drainage gate in front of each garage or could
have drains in the floor. Iora Alexander
asked if the house was habitable now and Mr. Leonard said no. Mr. Leonard said
he would like to work with us. Kevin Avery stated that working with us would
have been working with the Commission. Kevin Avery stated he was inclined to
ask for a continuance to discuss further. Iora Alexander said we should touch
base with the other Commission members. Rick Whaley stated that we should issue
a Cease and Desist about the installation of any other concrete, and get input
from town Counsel, DEP, and CZM. Iora Alexander asked Mr. Leonard if he planned
to pour any more concrete and he said no.
Mr. Leonard mentioned that there were other instances and asked if the
members would like to take a walk with him. Kevin Avery advised Mr. Leonard
that the Commission would have noticed the concrete floor when he requested a
Certificate of Compliance. Kevin Avery motioned to Issue a Cease and Desist
Order for pouring any additional concrete. David Holscher seconded the
motion. The Motion was unanimously
approved. Chairman Whaley advised Mr. Leonard that the Commission was allowing
him to continue with the rest of his project as long as he did not do anything
outside the scope of the Order of Conditions. Chairman Whaley said this would be put back on
the Agenda.
2) Request for CoC, Pat
Fowler, Lot
Pat
Fowler appeared before the Commission and asked for a CoC. Rick Whaley confirmed
which property was in question. It is the one with the Gazebo. Ms. Fowler said
the property was hydra seeded last Friday. Kevin Avery will visit the
property. Kevin Avery motioned to Grant a Certificate of
Compliance for
June 7, 2006 Page 9
3) Request for CoC, Sherry
Libby,
No
one present
4) Removal of trash/sand,
Roger Houle,
No
one present
5) Request for CoC,
Todd
McGrath appeared before the Commission requesting a Certificate of Compliance.
He presented a letter from Millennium Engineering stating the work was done in
compliance with the Orders. David Holscher
will visit the property. Kevin Avery motioned to Grant a Certificate of Compliance
for Heritage Park HO Coop, 194 Lafayette Rd. contingent on Mr. Holscher’s review.
David Holscher seconds.
The Motion was unanimously approved.
6) Request for CoC,
Constanzo,
Joseph
Constanzo appeared
before the Commission. He presented plans and requested a Certificate of
Compliance. Iora Alexander will visit the property. Kevin Avery motioned to Grant a Certificate of
Compliance for
7) Drainage concerns, Terry
Harrington, Ferry Lots Ln.
No
one present
8) Significance of change,
Arango,
Jim
Babbin represented the applicant. Mr. Babbin reviewed new plans showing a lot
line change. Due to the lot line change the driveway was closer to the swale.
Mr. Babbin explained there was a phone pole and that they had to flop the house and garage. Kevin Avery motioned to accept these changes on
the
G. ENFORCEMENT
ORDERS
The
Commission discussed the construction on the
Adjournment
Kevin Avery motions to adjourn. Rick Whaley Seconds. Motion was unanimously approved. The meeting
adjourns at 11:04 p.m.
Approved:
August 16, 2006