MEMBERS PRESENT: Rick Whaley, Chairman, Iora Alexander, Michael Greene, and Karen Sullivan.
ABSENT: Kevin Avery, and Thomas Hughes
ALSO PRESENT: Conservation
Agent Michelle Rowden, Conservation Secretary Agnes Donovan
Rick
Whaley opened the meeting at
A. MINUTES
Iora Alexander moved to
approve the
B. BUILDING PERMITS
No requests for building
permits were presented.
C. PUBLIC HEARINGS
1) ANRAD: James Vaughn,
Iora Alexander motioned to
continue the ANRAD for James Vaughn,
August 2, 2006 Page 2
2) NOI: Mark Cardillo,
Paul Alunni with Apple represented
the applicant. Mr. Alunni stated that he
has responded to issues raised by Joe Serwatka,
some of which were only plan clarifications. He is waiting to hear back from Joe Serwatka
that all issues re resolved. Mr. Alunni
stated that this proposal will go before the Planning Board for approval later
in August. Mr. Alunni is also waiting to hear back from DEP, and National
Heritage. Chairman Whaley advised Mr.
Alunni that two Commissioners who were present at the original presentation
were not present and he recommended that the representative wait and see what
the Planning Board, Joe Serwatka and other agencies have to say and come back
before this Board the first meeting in September. Mr. Alunni agreed. The Agent stated that the Wetlands Consultant
has to review the Replication Plan. Iora Alexander motioned to have the
Conservation Consultant look at the property and to continue the Public Hearing
for
3) NOI:
David Padien of Vanasse Hangen Brustlin
Inc. and Project Manager Thomas
Cook
represented the applicant.
Chairman Whaley advised the representatives that the Commission could not
approve this project this evening. Mr. Padien said he was here to answer Mr. Hughes concerns from
the last meeting. Rick Whaley advised the representatives that two
Commissioners were not present this evening and asked the representatives what
they wished to do. Mr. Padien stated they were willing to continue this to August
16th. Mr. Padien
said he was replying to Mr. Serwatka.
Karen Sullivan motioned to continue the Public Hearing for 25 Broadway, 4 Ocean Front, 3, 6,7&
4) RDA:
Salisbury Beach Assoc., adjacent to
Steve Mekalian represented the
applicant. Mr. Mekalian requested
permission to repair property/passageway which was damaged and eaten away. He presented pictures showing the damage and
plans to the Board. Iora Alexander
confirmed that he was not replacing the whole passageway. Mr. Mekalian said he had old permits and
correspondence. Mr. Whaley asked Mr.
Mekalian to provide copies to the Agent. Mr. Whaley advised Mr. Mekalian that the
Commission has to do some research to see what was specifically approved for
the Salisbury Beach Associates. In
discussion, Mr. Mekalian stated he wished to repair his lot. Chairman Whaley stated he will need to process
the paperwork. Iora Alexander moved to continue the Public Hearing for Salisbury Beach Assoc., adjacent to
August
2, 2006
Page 3
D.
OLD BUSINESS
1) Pavement removal,
Robert
Palmisano appeared before the
Board. The Agent stated that there needs
to be a decision on whether this was a minor or major change. Rick Whaley asked
the Agent if formal revisions were
submitted and was advised no. Mr. Palmisano said when replacing the pavement he
put back ten additional feet of apron
which was not part of the approved plan. Mr. Palmisano said the OoC is still
open. Chairman Whaley reminded Mr.
Palmisano that this was a negotiated item and the trade-off for the additional
utilities area was more dune area and that the applicant put in the additional
pavement without an Order of Conditions. Chairman Whaley said the Board does
not want to be in the position of telling one applicant to rip out concrete and
allow other to keep it. Mr. Palmisano
said the hot top was existing. Chairman Whaley said they need to talk to the
DEP. Chairman Whaley said Mr. Palmisano
does not have an official request before the Board.
2) CoC, Brian and Rhonda
Cameron,
No one appeared to represent the
applicant. Rick Whaley asked the Agent if
“As Built” plans were available. The Agent said they are working on
it. Iora Alexander moved to place Brian
and Rhonda Cameron, 6 Dock Ln. on Old Business for the
3). CoC, Frank Gorman,
Eric
Botterman of Millennium Engineering represented the applicant. The
Agent advised Mr. Botterman that the applicant needed to request three
CoCs. Rick Whaley asked the
representative if Mr. Gorman knew about the fence issue. Mr. Botterman replied
that the old stockade fence was to remain and that any new fence was to be 50%
open. Mr. Botterman stated that the
fence around the dumpster is new and does not meet the 50% requirement. Rick Whaley asked what the applicant planned
to do about this. Rick Whaley asked
about the elevation on the ground and asked if the contours are the same as on
the original plan. Mr. Botterman said a
piece of sidewalk is missing. Iora Alexander questioned the location of the
missing sidewalk. Mr. Botterman showed where on the Plan. Iora Alexander asked
if the sidewalk was taken out when putting in the driveway. Iora Alexander
asked who put in the sidewalk. Mr.
Botterman said he did not know. Rick Whaley asked if a curb cut was part of the
plan. Rick Whaley asked for an overlay
of the proposed and existing contours.
Chairman Whaley asked for comments from the Audience. Joe Carroll president of the adjacent Condo
Association said there was flooding just one time recently from behind the
property. He said the bushes and shrubs were done to his satisfaction. Iora Alexander questioned that the flooding was
just one incident Mr. Carroll said he is
an insurance agent by profession and sees no issue. Iora Alexander asked who
will replace the sidewalk. The Condo
Association vice-president said Mr. Gorman will repair. Eric Botterman will
talk to Mr. Gorman regarding the sidewalk, the fence and contours by the next
meeting. Mr. Carroll did question the
fence around the dumpster. The Agent said the original plan referred to lattice
fencing. Chairman Whaley advised the
Condo Association representatives to negotiate with Mr. Gorman what the fence
would look like. Iora Alexander moved to place Frank Gorman,
August
2, 2006
Page 4
4) Replace fence, Thomas
Leonard,
Mr.
Leonard appeared before the Board. He requested guidance on acceptable fences which would meet the 50% open requirement for
the fence he plans to place between 426 and
Mr.
Leonard also asked for permission to revise his plans. He requested permission
to eliminate the bottom step on his proposed plan and instead put in a small
platform on 6x6 boards that would connect to the walk-way to the beach. Rick Whaley asked if these were roll-out and
Mr. Leonard said no that it may be Trex.
Mr. Leonard drew out what he was proposing for Mr. Whaley. Mr. Whaley
said the issue was the elevation and that the 6x6 would be covered by sand. Rick
Whaley advised Mr. Leonard that he will
talk to the Circuit Rider ad DEP on this issue.
5) Final inspection & release of bond,
Gilbert Cartier,
Rick
Whaley asked if we heard from Mary Rimmer.
The Agent
said Ms. Rimmer will do the inspection
this week. Michael Greene moved to place Final inspection & release
of bond for Gilbert Cartier,
E. NEW BUSINESS
1) Request
for CoC, Joseph & Karen Fitzpatrick,
Agent
Rowden advised the Board that we need someone to go and check this project.
Michael Greene will go and inspect the project this weekend.
2) Request for CoC, Laurie
Brown,
The
applicant and contractor appeared before the Board and stated the new septic
system was installed within the specifications. The Applicant presented
pictures. Karen Sullivan moved to approve the CoC contingent on Karen Sullivan
reviewing and approving the septic system. Iora Alexander seconds. In discussion, Rick Whaley will sign the CoC
but have the Agent hold it pending Karen Sullivan’s review and approval. The motion was unanimously approved.
3) Open Space Committee
Volunteer
Agent
Rowden asked the Board for a volunteer
to be on the Open Space Committee. The
Agent advised the Board of the dates and time of the Open Space Committee
meetings. Rick Whaley volunteered to be a member of the Open Space
Committee. Agent Rowden provided an
information package to him.
August
2, 2006
Page 5
4) Water
Quality Sampling, Ring’s
Agent
Rowden explained that the Board previously approved up to $300.00 for water
quality sampling. The original cost was
to be split between the Board of Health, Harbor Commission, and Conservation
Commission. However, now the Board of
Health cannot contribute $300.00. Agent Rowden recommended supporting water
sampling. Iora Alexander motioned to
approve up to $450.00 for water sampling. Karen Sullivan seconds. In discussion, the Board wants to know what
the revolving fund is for the Board of Health.
The motion was unanimously approved.
F. SITE
INSPECTION REPORTS - There was no site
inspection reports.
G. ENFORCEMENT
ORDERS
1)
Scott
Orlosk and Jeff Smith appeared before the Board. Rick Whaley reminded them that there was an existing
Enforcement Order because of the site work.
Mr. Smith explained that while
digging for utilities they hit an existing driveway and hot topped over that
driveway and over the utility trench. Rick Whaley questioned why the Board has no paperwork
for the driveway, fence or trench. Mr. Smith said he did not know. Chairman Whaley advised Mr. Orlosk and Mr.
Smith that under the Wetlands Protection Act that they must come before the Board
for approval and notify neighbors before doing any work on the
2)
Agent
Rowden stated she has contacted the property owners. In discussion, Iora
Alexander reminded the Board that Lisa Pearson went to this property while they
were putting down the hot top and told them to stop. They did not and this is over two years
ago. Agent Rowden said we have an
Enforcement Order against the Hot Top Company and the property owners. Chairman
Whaley advised the Agent to send a letter stating it is the Board’s intention
to impose fines. Michael Greene asked
how the town enforces the fines. Agent
Rowden will look into what the town can and cannot do regarding the fines.
3)
ADJOURNMENT
Iora Alexander motions to adjourn. Michael
Greene seconds. Motion was unanimously
approved. The meeting adjourns at 9:45 p.m.
Approved: August 16, 2006