MEMBERS PRESENT: Rick Whaley, Chairman, Kevin Avery, Iora Alexander, Michael Greene, David Holscher, and Thomas Hughes.
ALSO PRESENT: Conservation
Agent Michelle Rowden
Rick
Whaley opened the meeting at
A. MINUTES
The Board discussed the
B. BUILDING PERMITS
Matt
Palis,
Kevin
Avery moved to authorize the Chairman to sign the Building Permit for
C. PUBLIC HEARINGS
1) Amended NOI: DCR,
Kevin
Avery moved to hold this proposal to the end of all Public Hearings. David Holscher seconds the motion. The motion
was unanimously approved. This was taken
up as the last Public Hearing of the evening.
Ralph
Silver represented the DCR. He requested an amended letter of Conditions. Mr.
Silver explained that DEP and CZM asked for clarification. Mr. Silver reviewed new
plans which further reduce paved surface, the plans have a notation that the
area under the building is pervious, and a notation that the first floor
elevation is 23. Tom Hughes asked if the
DEP saw the new plans. Agent Rowden advised the Commission that this is the
process the DEP wants rather than a Superseding Order of Conditions. Tom Hughes
questioned if ambulance and fire vehicles would have to turn around on gravel
and was told yes. Tom Hughes mentioned a safety concern if ambulance or fire
truck should be stuck. Thomas Hughes motioned to approve. Iora Alexander seconds.
The motion was unanimously approved.
Minutes June 21, 2006 Page 2
2) NOI: Joan Stevens, 14A-C Friedenfels Rd. (Original
Laurianne
Powers of Seekamp Environmental and Greg Bowden represented the applicant. Ms.
Powers stated that they have finalized their review and met the conditions of
the National Heritage. They stated that Mary Rimmer went to the site and the
turn-around for the driveway on lot ten is allowed. Iora Alexander asked about the wetland
boundaries. The representatives replied to this question referring to the
plans. Tom Hughes stated he made a site
visit to this project looking at the density and the impact to the river but
unfortunately a wetland scientist was not present for that visit. He stated
that he reviewed this project as one large lot. Mr. Hughes expressed concern about
docks, the stock pile of the fill, and drainage. Mr. Hughes would like to see where the
applicant would stock pile the fill on the plans. Mr. Hughes would like to have
the engineering comments on the drainage before voting on this proposal. Mr.
Hughes asked the representatives how they planned to advise protective buyers
of Commission issues. Mr. Bowden provided
the Agent with a letter they plan to provide to prospective buyers. Ms. Powers requested conditional approval for
this project.
Mr.
Mike Migliori, Attorney, came forward to speak for Mr. Mullen, owner of Cove
Marina, and Mr. Renz who are abutters. Mr. Migliori raised concerns from the abutters
on encroachment; access to the 12 and 59 undeveloped acres areas and parking; drainage concerns from lot 4 to Mr. Renz’s
property; the abutters’ feeling that too much has been jammed on this site, and
serious flaws in the financial analysis.
Thomas
Hughes asked for written backup on the financial concern. Mr. Migliori did not provide written backup. Mr. Avery voiced concern for the drainage
impact to Mr. Renz’s property. Mr. Bowden stated that the undeveloped area may
not necessarily become a park. Tom
Hughes stated that this is a sensitive area and they are looking at this as one
lot under Riverfront Protection and that they needed to review changes for
cumulative impact. The Commission
discussed the building envelopes. Mr.
Hughes stated he is not willing to condition that there must only be a
community dock but make it clear that the Commission has concerns, there must
be no construction outside the envelopes and that there is cumulative impact.
Ms. Powers said they plan to make it clear to prospective owners that any
changes must come before the Commission.
Mr. Bowden stated that the plans do not show a dock. Thomas Hughes
stated he is very concerned about the drainage. Rick Whaley asked Tom Hughes if
he addressed the density issue. Mr.
Hughes said he wants to see the written report from the Engineer, the Financial
Plan concerns, and the stock pile areas shown on the plans.
Thomas
Hughes motioned to continue the Public Hearing for 14A-C Friedenfels Rd. to the
3) NOI: Ron Poulin,
Brian
Knowles from Apple represented the applicant.
Mr. Knowles reviewed the plans, stated that the wetland line was
established by Mary Rimmer, and showed the
two proposed replication areas. Thomas Hughes
asked what the space will be used for. Mr. Knowles said the applicant is a
landscaper. Thomas Hughes asked if the vehicles could turn and was told yes.
Iora Alexander asked if the existing building would be eliminated. Mr. Knowles
said they would explore that. Thomas Hughes stated concerns with the sharp
drop, lot line variance, and the narrow spaces on both sides and would like to
see a reduced impact to the wetlands.
Mr. Hughes suggested Mr. Knowles explore moving the building and come up
with a better plan. Kevin Avery said he like Tom’s idea and recommended the
applicant go for a variance to move the building and have parking on one side
of the building. Tom Hughes stated it was a big building. Kevin Avery motioned to continue the Public
Hearing for
Minutes June 21, 2006 Page
3
4) NOI: Joan Gallahue,
Kevin
Avery motioned to continue the Public Hearing for
5) NOI: Waldot Realty,
Thomas
Hughes motioned to continue the Public Hearing for
6) ANRAD: James Vaughn,
Michael
Seekamp represented the applicant. Mr. Seekamp said he is continuing to review
the Wetland with the DEP and asked for a continuance to July 19th meeting. Tom
Hughes asked when the DEP would be coming out Mr. Seekamp said he will advise. Kevin Avery
motioned to continue the Public Hearing for James Vaughn,
7) NOI:
Mark Christ,
Patrick Seekamp represented the applicant. Mr.
Seekamp said he submitted revised site plans and that the DEP is satisfied. He
reviewed the DEP comments regarding the crossing design, culvert at crossing
and upgrading to a box culvert, and provided details on the plan. Mr.
Seekamp stated that there will be a twelve inch pipe, they will run utilities
down the driveway and cross at the box culvert. He said the box on the plan is
where they will place the three car garage house. Tom Hughes questioned the roof run-off. Tom
Hughes asked about the elevations at the base of the trench and at ground
surface. Mr. Seekamp reviewed the
infiltration and trench run-off on the
plans. Chairman Whaley asked if any abutters wished to speak. Dorothy Pike, an
abutter, asked what was he doing currently on the property and was it legal.
Mr. Seekamp asked what specifically and was told pushing gravel around. Mr.
Seekamp said the applicant is still under an Enforcement Order and the actions
are legal. Tom Hughes asked where the
stockpiles of fill would be during construction. Kevin Avery motions to approve with the
condition that the stock pile materials be stored outside during construction.
David Holscher seconds. Tom Hughes
states he would like to see more material on infiltration. Iora Alexander asked
if the erosion control was up-to-date and Mr. Seekamp said yes. Rick Whaley
asked about the box culvert and a concern over a series of ponds. Mr. Seekamp responded
by submitting photos, referred to the twelve inch pike and said the box is
large enough. Iora Alexander asked how far from the wetlands. Mr. Seekamp said
nothing within 42 feet. The Chairman
called for the vote. Thomas Hughes and
Michael Greene abstain. The motion carried with Rick Whaley, Iora Alexander, Kevin
Avery, and David Holscher voting in
favor of the motion.
Minutes June 21, 2006 Page
4
8) NOI: Mark Cardillo,
Paul
Allunni from Apple represented the applicant. Mr. Avery stepped down for this
proposal. Mr. Allunni stated the wetland line was approved in a January 2005
ANRAD. Mr. Allunni reviewed the plans
for the proposed six commercial buildings to be done in three phases. He
reviewed the parking, paved access drive, the series of catch basins, the storm
water run-off, detention basins,
drainage oil and sediment separators, and showed erosion control. He stated they will need to fill-in some
wetlands and showed the replication. Mr. Allunni stated that he received comments
from Natural Heritage and there is no adverse impact. He stated there is a MISA concern , which they
want to investigate the taking of a
species and that there will be a Wildlife
Biologist Report. Mr. Allunni stated the
DEP is reviewing the engineering and he is holding to address all comments at
once. Iora Alexander questioned the
replication ratio. Iora Alexander stated that the Commission usually expects
more than a 1 to 1 replication ratio.
Iora Alexander asked about traffic.
Mr. Allunni stated the use is not etched in stone. Tom Hughes questioned
the wetland line, reviewed aerial photos
and discussed the plans with Mr. Allunni. Iora Alexander requested that he contact Mary
Rimmer to check out the replication design and size. Thomas Hughes stated he wants to see what the
state and Mary Rimmer have to say and perhaps walk the site. Tom Hughes asked
why the road snaked and was it for design or wetland and was told a little of
both. Tom Hughes said to revise the
mitigation and have Mary Rimmer review. Thomas
Hughes moved to continue the Public Hearing for
9) NOI: Kevin Moury,
The
representative provided some history on this site and the previous paving
issues. Mr. Whaley asked who authorized
the paving. The representative stated the paving was done to improve site conditions.
He provided a revised plan with drainage report, treatment, and swale. The
representative stated that the DEP thought this was new development but that
has been cleared-up with Mike Abel. The
representative stated that Natural Heritage said there is no adverse impact. Rick
Whaley read from the letter which said there was no adverse impact to rare
species. Kevin Avery said he has been on this site. Tom Hughes questioned if we
still have the DEP letter thinking this is new development and he questioned
the swale. Rick Whaley questioned if the plan shows new hot top going all over.
The representative said yes and showed on the plan. Kevin Avery motioned to approve contingent
that Agent Rowden confirm that the DEP comments are addressed and
satisfied. Thomas Hughes seconds. Iora
Alexander asked for clarification on what the Board was approving. Kevin Avery
stated construction of the swale, have all the run-off go into the swale, and
resurface with hot top The Motion was unanimously approved.
10) RDA: Virginia Macarione,
Virginia
Macarione appeared before the Board asking for approval to replace a concrete
walk which has been there since 1966.
Rick Whaley asked if she had pictures.
The applicant showed a picture of the walk which had 1966 etched in the
concrete. Tom Hughes asked what she would be replacing the walk with and was
told concrete. Rick Whaley asked what would happen to the old concrete.
Virginia Macarione said the contractor
would take it away. Iora Alexander asked
if there was any possibility to make this smaller and was told no. Kevin Avery motioned to issue a Negative
Determination. Tom Hughes seconds. The Motion was unanimously approved.
Minutes June 21, 2006 Page 5
11) NOI:
David Pagent of Vanasse Hangen
Brustlin Inc. represented the applicant. Mr. Avery stepped down for this
proposal. Mr. Pagent said the Project
Manager is Thomas Cook. Mr. Pagent requested that the technical hearing and testimony wait until
after Joseph Serwatka and the peer review were
done and requested a continuance until July 19th. Tom Hughes sated he wants the Board to retain
the ability to request further review after the initial review to allow
potentially a second round of technical review.
Mr. Pagent said he would defer to Mr. Capalupo. Mr. Capalupo said he
would be comfortable with that. Thomas Hughes
moved to continue the hearing for 25 Broadway,
4 Ocean Front, 3,6,7&
Chairman
Whaley stated that the Record should state that Mr. Avery was back.
12) NOI:
Paul
Allunni from Apple represented the applicant. Mr. Allunni reviewed this proposal
for the upgrade of an existing septic for a four bedroom dwelling, septic from
building to tank with the Commission.
Tom Hughes asked if the tank was existing. Mr. Allunni said they are
abandoning the existing tank and putting in a new one. Tom Hughes asked about the slope down from
where they would be trenching. Kevin
Avery confirmed they would fill the trench the same day. Tom Hughes discussed hay bales and the placing
of them and asked why they were not on other areas. Mr. Allunni said ledge. Kevin Avery said he
is fairly familiar with this site and does not see a problem. Kevin Avery motioned to approve with optional
hay bales placed on southerly side of driveway and remain in place until
stabilized. Iora Alexander seconds. The
Motion was unanimously approved.
13) NOI: Keith James Realty,
Eric
Botterman of Millennium represented the applicant. Mr. Botterman said the applicant has a
variance from the ZBA. Mr. Botterman reviewed the plans with the Commission
showing that the building will be on piles with parking underneath. Kevin Avery
asked if the blocks on the plan would be wood concrete, or steel. Mr. Botterman
said this has not been finalized. Rick Whaley clarified an issue on the stair
area with the representative. Tom Hughes asked how large was the utility room
and was told 6 x 12 feet. Mr. Botterman
said he did receive calls from an abutter about water running off and people
backing into her road. Rick Whaley asked
about the parking and the representative said it would be crushed stone. Tom
Hughes asked about the elevation on the first floor and was told between
thirteen and fourteen feet. An abutter asked how high the building would be and
was told 33 feet, and she also asked how he plans to stop the flooding and the
representative responded down spouts infiltrated into the ground. Thomas Hughes move to approve with the
condition that the area under the building is paved with crushed stone, gravel
pave, or other material approved by the Board.
Kevin Avery seconds. The Motion was unanimously approved.
Minutes
June 21, 2006 Page 6
E. OLD BUSINESS
1) Request for CoC, Phil
& Marilyn Doyle 244 N.End Blvd
Phil Doyle appeared before
the Commission and provided an information
packet including pictures to the
Commission. Mr. Doyle reviewed the
history of the project and requested a CoC. Mr. Doyle went through his packet
with the Commission which included information on the fence. He stated the fence is 50% open except for a
solid gate which he hopes the commission treats as minimal. David Holscher
asked if the open area on bottom was part of the 50% and Mr. Doyle said no the
50% if for the shadow box design. Thomas Hughes asked how they accounted for
the 50%. Mr. Doyle said CAD machine. Rick Whaley asked the audience if there were
any comments. Carol Ciaone of 240 North end Boulevard came forward. Ms. Ciaone
stated that the original cottage was now an extended house. She stated the new
fence goes further than the old fence, is not 50% open, blocks her view and she
requested it be taken down. Tom Hughes stated that the 50% openness did not
have to do with the view but that it has to do with the movement of the sand.
David Holscher questioned Mr. Doyle who stated they did not extend the new fence
any further than the old fence. Kevin Avery reviewed the pictures of the old
fence, and Commission members reviewed
aerial photos with Ms. Ciaone. Rick
Whaley asked for a motion to Continue.
David Holscher motioned to continue the request for CoC for Phil & Marilyn Doyle to the
2) Concrete floors, Thomas
Leonard 426 N. End Blvd (65-638)
Mr. Leonard appeared before
the Commission. Rick Whaley advised Mr.
Leonard and the Commission that he spoke to the DEP and they said he has to take the
concrete out. Mr. Leonard asked if
alternatives such as grates in the flooring, or drilling holes in the concrete
would be allowed. Mr. Leonard said he
originally thought to put in pavers and changed his mind thinking of the
ecology and possibility of gas leaking and the integrity of pavers over time. Rick Whaley said he has previously spoken with
Mr. Leonard’s contractor regarding concrete. Iora Alexander asked if the plans
show concrete. Mr. Leonard said no but
that the original pads were concrete. Kevin Avery said he hated to bear bad
news but that Mr. Leonard has to tear the concrete up. Mr. Leonard mentioned that many other have
infractions and why doesn’t the state go to the other addresses. Thomas Hughes asked for a list of addresses
and Iora said she had requested the same information at the previous meeting.
Mr. Leonard invited the members to take a walk with him. Mr. Leonard asked what happens if he doesn’t
dig it out. Chairman Whaley said we have
an Enforcement Order and the Commission could impose fines. Tom Hughes asked
Rick Whaley if he had mentioned that the original pads were concrete when
talking to the DEP. Mr. Leonard asked
who has the ultimate approval and was told the DEP. Tom Hughes asked if the new
home was worth 50% more than the original and was told yes Mr. Leonard asked for direction for the
steps. Iora Alexander told him to tell the contractor to follow the plans.
Thomas Hughes moved to continue this to the next meeting and advise Mr. Leonard
to take the concrete out and advise the Commission of the status at the next
meeting. Kevin Avery seconds. The Motion
was unanimously approved.
3) Pavement removal,
No
one present.
F. NEW BUSINESS
1) Request for CoC, Sherry
Libby,
No
one present.
Minutes June 21, 2006 Page 7
F. NEW BUSINESS
continued
2) Drainage concerns, Terry
Harrington, Ferry Lots Ln
Robin
Geiser appeared before the Commission.
Ms. Geiser provided a history on
this property and advised the Commission of several issues. Rick Whaley clarified that the issues are
from the 12 Ferry Lots Lane property across from Ms. Geiser’s property. Rick Whaley asked Ms. Geiser if she saw the
letter on these issues from Don Levesque.
Ms. Geiser said she had but disagreed.
Ms. Geiser stated the problems include the length and size of the
driveway, the pipe size, the mosquitoes, that the swale is in the wrong place,
and concerns over the discharge area.
Agent Rowden said it is a private
pipe. In response to a question from
Kevin Avery the Agent stated that the owner of 12 Ferry Lots Lane is aware they
have to correct the driveway. Thomas
Hughes motioned to ask Matt Broussard or Joseph Serwatka to review the approved plans;
discuss problems; determine the state of construction and compliance with
plans, and make recommendation to mitigate the issues. Kevin Avery seconds the
motion. Rick Whaley volunteered to look
at the site. The Motion was unanimously
approved.
3) Request for CoC, Brian
& Rhonda Cameron,
The
applicant provided revised plans for Unit 1 and Unit 2. Thomas Hughes will look at the plans and
site.
4) Request for CoC, David
Wolpert,
Kevin
Avery is familiar with the property and signed the CoC.
5) Request for CoC, Frank
Gorman,
Eric
Botterman represented the applicant. Thomas Hughes moved to deny the CoC at
this time as the applicant has not yet removed the gravel. The Chair seconded the motion. The Motion was unanimously approved.
6) Request for CoC, Mario
Winter,
Kevin Avery will do a site visit for this
property.
7) Request for CoC,
Eric
Botterman represented the applicant. He provided “as built” plans dated
G. SITE
INSPECTION REPORTS
1)
Iora
Alexander visited the property. The
Commission reviewed the plans as the shape of the deck is different and stairs are in a
slightly different fashion. Kevin Avery
motioned to grant the CoC on the
Adjournment
Kevin
Avery motions to adjourn. Michael Greene Seconds. Motion was unanimously approved. The meeting
adjourns at 12:10 a.m.
Approved:
August 16, 2006