MEMBERS PRESENT: Rick Whaley, Chairman, Iora Alexander, Kevin Avery, Thomas Hughes, Michael Greene, and Karen Sullivan.
ALSO PRESENT: Conservation
Agent Michelle Rowden, Conservation Secretary Agnes Donovan
Rick
Whaley opened the meeting at
A. MINUTES
Michael
Greene moved to approve the
Kevin Avery moved to approve the
Kevin Avery moved to approve the
Iora Alexander moved to approve the
B. BUILDING PERMITS
Amin Nabhan
Kevin
Avery moved to authorize the Chairman to sign the Building Permit for
C. PUBLIC HEARINGS
1) Amendment to Beach
Regulations
Chairman
Whaley explained that the intent of tonight’s Public Hearing was to revise the
Regulations in Section 2.02 (5)(a) to allow folks with
gravel and other pervious material driveways the opportunity to fix/maintain
those driveways. Rick Whaley read the recently
revised paving regulation to the attendees.
Tom Hughes stated that he wants the new revisions to clearly state that the
purpose of the amendment is for minor repairs and redistribution, and to
clearly define what is exempt. Thomas Hughes moved to continue the Public
Hearing for the Amendment to Beach Regulations to September 6, 2006 at 7:15
p.m. and to have revised regulations written up for the Board and Audience by
September 6, 2006. Kevin Avery seconds.
The motion was unanimously approved.
2) NOI: Toler, LLC,
Iora
Alexander moved to continue the Public Hearing for the Toler, LLC,
4) ANRAD: James Vaughn,
Kevin Avery moved to take James Vaughn,
Rabbit Rd Out of Order and to continue to
5) NOI: Waldot Realty,
Iora Alexander moves to take Waldot
Realty, 117 Elm
3) NOI: Ron Poulin,
Jacob Murray of Apple Associates
represented the applicant. Mr. Murray showed existing and proposed plans
to the Board. The proposed building will have 112 square feet within the no
build zone. Mr. Murray stated that this is being reviewed by a review engineer,
and has to go before the Zoning Board.
Thomas Hughes asked the ratio of wetland mitigation. Mr. Murray said he
is not certain but may be 2 to 1. Thomas
Hughes moved to continue the Public Hearing for Ron Poulin, 105 Bridge Rd. to
6) NOI:
Kevin Avery stepped down for this
Public Hearing. David Padien of Vanasse
Hangen Brustlin Inc. represented the applicant. Mr. Padien
said he has provided written comments to concerns raised by Joe Serwatka and
the Commission. He stated he plans to
meet with CZM and the Conservation Agent.
Iora Alexander asked if he met with DPW on town property. Mr. Padien said that any material installed will comply with
what DPW requires. He is willing to buy
and install the right materials. Mr. Padien reviewed his responses to Joe Serwatka’s
comments with the Board:
-
He will provide
changes to the Plan Set in future submissions.
- He will revise the general note.
- Mr. Padien stated he is willing to have the Conditions specify the Utility notes.
- Erosion Control – he has submitted more detail on the Erosion control such as securing vertical netting under the building, keeping people out, and allowing the waves to flow. Tom Hughes asked what they would do in a storm. Mr. Padien said they will prepare a storm contingency. Mr. Padien said they will have a stabilized construction area and plan a 15 foot perimeter around the site with permission.
- On Sheet C-2 he added “As Built” to the Plan.
- Sheet C-3, Mr. Padien plans to obtain approvals on properties owned by others. He stated he would prefer to have a single NOI. In discussion, Tom Hughes stated his preference with having a single NOI and OoC. Mr. Hughes advised Mr. Padien that he needs to ensure that any and all abutters are notified. Mr. Padien said that the work on the additional work area will not alter the land. Tom Cook, Project Manager, stated the additional parcel would be used for moving equipment and access. Tom Hughes stated a concern for triggering the Wetland Protection Act. Mr. Padien said he will provide a written response to this concern.
- Mr. Padien reviewed the plans showing the Board the existing and proposed elevations. Pavilion East will be built on an open pile system and be at elevation 18. Rick Whaley questioned the paved way and Mr. Padien said they are not changing the elevation of the paved way. Pavilion West will be at elevation 16. There will be a Gabien Wall. The Five O’Clock Lounge site will be on open pile construction. Rick Whaley asked if the bottom of the Five O’Clock Lounge site would be open and was told yes.
- Sheet C-4, Mr. Padien said they are permitted to have run-off discharged without filters. Rick Whaley asked about the roof run-off. Mr. Padien said it was for a ten year storm. Tom Hughes voiced a concern about erosion if the run-off was concentrated using only 3 or 5 pipes. Mr. Padien said it would be OK if the Conditions say to add a diffusing system or minimum CFS. Mr. Hughes stated he would prefer VHB to propose a solution.
- Storm water infiltration system, Mr. Padien said it is a minimum of two feet and meets DEP standards. Rick Whaley stated that Joe Serwatka recommended that the Commission inspect the storm water infiltration system. Mr. Padien said he would be happy to have that as a Condition.
-
Pavement run-off,
Mr. Padien sated they are removing considerable storm
water and there will be a Site Plan Review. Tom Hughes asked if the site plan
review was started and Mr. Padien said no. Mr. Hughes
advised Mr. Padien that he should obtain other
permits prior to coming before the Conservation Commission. Rick Whaley asked
when do you plan to have the Site Plan Review. Mr. Padien said he
will investigate meeting with the DPW Director soon.
-
Tom Hughes asked
if they discussed issues listed in Sheet C-5 number
13 with the DPW Director and Mr. Padien said they will put it on the list of questions to
the Public Works Director.
-
Sheet C-5 number
14, the Commission discussed these concerns and said that their concerns are for
the Wetlands Protection Act and sewer system care.
-
Sheet C-5 number
15, Tom Hughes
questioned if the disposal would be at ground level. Mr. Padien
said no but at the ground floor. Mr. Padien said he
can provide a response after conferring with the Architect.
-
TSS levels- Mr. Padien said the amount of TSS is minuscule. Rick Whaley
asked if he would discuss catch basins with the DPW. Thomas Hughes said to make sure the DPW
director receives a copy of comments.
-
Foundation Piles
– Mr. Padien said some piles may be re-used. The details are not worked
out yet and will be in the Construction Management Plan.
-
Paved access
drive- Mr. Padien said the plan is for an 18 foot
wide access drive
-
DEP Stormwater
Management Policy – Mr. Padien said they are
proposing improvements
and will discuss the DPW.
Thomas Hughes suggested Mr. Padien review the Commission concerns at the next meeting
allowing for a site visit, and input from CZM and the DPW. Mr. Hughes moved to continue Plank Rd Realty,
25 Broadway, 4 Ocean Front, 3, 6, 7&
Chairman Whaley called for a five minute recess. He
reconvened the meeting at
7) RDA: Salisbury Beach Assoc., adjacent to
Steve Mekalian represented the applicant. Agent Rowden stated she investigated the property
and the parking area was legally put in place with an Order of Conditions from
1984. Tom Hughes asked Mr. Mekalian if they would need to repair or resurface.
Mr. Mekalian stated
they would have to dig. Chairman Whaley
advised the applicant that in order to comply with our regulations, he
would need to file other paperwork for this project. Iora Alexander moved to request an NOI be
issued for the property at
8) NOI: William Bartlett,
Jacob Murray of Apple Associates
represented the applicant. Mr. Murray explained that this property is
actually located between 18 and
and if a road was being put in. Mr. Murray said he is not aware of a road being put in and he reviewed the plan with the abutters. Thomas Hughes recommended that he place stakes down so that neighbors and see where the house will be built. The motion was unanimously approved.
9) NOI: Thaddeus & Evelyn Zajchowski,
Robert Prokop of
Wetland Consulting Services represented the applicant. Mr.
Prokop reviewed the plan with the Commission.
They will tear down the existing two story structure and replace it with
a new structure on pilings. Tom Hughes questioned parking and was told crushed
stone will be used for parking under the house.
The paved Right of Way will stay.
Iora Alexander asked how many units and confirmed it was a multi-family.
The Agent advised the Representative that the DEP needed additional fees paid
and that the DEP has not reviewed the project. Thomas Hughes moved to continue Thaddeus & Evelyn Zajchowski,
10) NOI: Torrence Dean,
John Judd of Gateway Consultants represented the applicant.
He reviewed the property and provided descriptions and pictures to the
Commission. The project is the
reconstruction of an existing residential dwelling. The existing is 1,000 square
feet and the new structure will be 940 square feet and at a FEMA elevation 9.0.
He stated this has gone before the Zoning board. Iora Alexander questioned that
the house would be moved eight
feet back and was told yes and so there is more grass. Rick Whaley confirmed
that the parking was in the rear. Mr.
Judd showed the driveway which is already asphalt and accessed via a Right of
Way. Tom Hughes asked about the
foundation and was told concrete block and pilings. Tom Hughes asked if new
pilings. Mr. Judd said it was under 35 feet. Thomas Hughes asked the Agent for the DEP
comments which she provided. Kevin Avery
motioned to approve the
Torrence Dean,
11) NOI:
Gabrielle Min Hong,
Jacob Murray of Apple Associates represented the applicant. Mr. Murray reviewed the project which is the construction of a three car garage to be attached to the existing dwelling which current use is residential. He reviewed the placement of hay bales. Iora Alexander asked if there was an existing shed and was told yes.
Kevin Avery
questioned the placement of the garage and the paving. Kevin Avery stated that this area floods and
said he would like to see the garage moved out of the water. Tom
Hughes said he would like to see the garage outside of the 25 foot no cut zone.
He would like to see mitigation by tearing up pavement and providing planting.
Jacob Murray said he will review these suggestions with his client. Thomas Hughes moved to continue Gabrielle Min Hong,
12) RDA:
Felch, Brown and Perkins,
The applicants appeared before the Board. They explained they want to remove and replace
an existing mobile home. The Commission reviewed the plan and photos. Thomas Hughes asked if they would be putting in
a pad and was told a cement pad. Kevin
Avery and Thomas Hughes voiced concern about the cement pad. Mike Greene questioned the type of mobile
home. Thomas Hughes advised the
applicants to talk with the Building Inspector to see if the pad could be gravel
or gravel pave and not cement. Thomas
Hughes moved to continue
Felch, Brown and Perkins,
D.
OLD BUSINESS
1) Pavement removal,
Robert Palmisano appeared before the Board. The
Agent reviewed his options with the Board which included taking out the extra ten feet of paving, filing a new NOI, or applying for an Amended
Order of Conditions. Kevin Avery stated
this would be allowed under the current regulations. Kevin Avery moved to allow the applicant to
apply for an amended Order of Conditions. Karen Sullivan seconded the motion.
The motion did not initially carry, however, in discussion Tom Hughes said he
would change his vote from abstaining to being in favor of allowing Mr. Palmisano to
apply for an amended Order of Conditions. The motion then carried with Rick
Whaley opposed, Iora Alexander abstaining, and Tom Hughes, Karen Sullivan,
Kevin Avery and Mike Greene voting in favor of the motion.
Rick Whaley stated that this
had been a negotiated agreement and he would feel more comfortable with a legal
opinion. Iora Alexander voiced concern stating Mr.
Palmisano placed the Board between a rock and a hard place and said the Board
has to be consistent. Kevin Avery moved
to contact the Town Counsel on this matter. Thomas Hughes seconds. The motion was unanimously approved.
2) Dune restoration and plan
changes,
Michael and Cathy Palmisano appeared
before the Board. The applicants were
before the Commission to provide a dune restoration plan, and to request plan
changes. Mr. Palmisano stated he spoke
with Mike Magnifico who would allow them to fill in the path by hand. The Applicant would like to build-up the dune
which is now flat. The Agent stated there was a Cease and Desist and the
applicants had been advised to do an NOI, and to file a Dune Restoration Plan
by August 16th. Thomas
Hughes voiced a concern about the dune.
The applicant stated he would be willing to bring in sand.
Thomas Hughes said we should approach DCR and CZM to see if sand could
be brought in. Thomas Hughes moved to Table this to
In addition, the applicants
wanted to discuss a path of egress from the staircase to the driveway. Kevin
Avery confirmed that the concrete was removed. The applicant asked what he
could do. The Agent said the project was approved for sonar tubes/decks in the
Order of Conditions. Mr. Palmisano said these do not work on his property and Cathy Palmisano
showed pictures to the Board. Thomas Hughes advised the applicants to apply for
an Amended Order of Conditions.
3) CoC, Brian and Rhonda
Cameron,
In discussion, the Board said
the applicants needed to come in with As Built plans. Thomas Hughes moved to continue
the CoC for Brian and Rhonda Cameron,
4) CoC, Frank Gorman,
The Agent advised the Board
that the applicant requested this be continued in order to allow them time to
gather more information. Thomas Hughes moved to continue the CoC for Frank Gorman,
5) Final inspection &
release of bond, Gilbert Cartier,
The Agent advised the Board
that Mary Rimmer recommends releasing the bond.
Kevin Avery move to release the bond of Gilbert Cartier. Thomas Hughes
seconds. The motion was unanimously approved.
E. NEW BUSINESS
1) Request
for CoC, Ray Champagne,
Rick Whaley will review this project.
2) Request for CoC, H&M
Industries,
Kevin Avery will do a Site Review of this
property.
F. SITE INSPECTION
REPORTS
1)
Ben Osgood of New England
Engineering Services
represented the applicant who are seeking a CoC. Mr. Osgood said there are no as built plans
available. He stated the skirting is 57% open.
Mr. Osgood said the project is in conformance. Mr. Osgood stated he
would be willing to stamp the plan. Mike
Greene will do a Site Review of this property this weekend. Thomas Hughes moved to authorize the CoC
after hearing from Michael Greene that the project is consistent with the plan
and that a stamped plan be provided. Kevin Avery seconds. The motion was unanimously approved.
G. ENFORCEMENT
ORDERS
3)
Iora Alexander moves to take
G3 Out of Order. Rick Whaley seconds.
The motion was unanimously approved.
Richard Hayes represented the
property owner. Mr. Hayes stated his
client has hired a Wetland Scientist. Mr. Hayes outlined difficulties with DEP
and DCR. He stated there is no clear
direction but that the DCR may have an answer on the Boardwalk design on the
dunes within thirty
days. Thomas Hughes
recommended filing an NOI to learn the DEP and DCR response. Thomas Hughes moved to continue and that an
NOI should be filed by
1)
2)
4)
ADJOURNMENT
Thomas
Hughes motions
to adjourn. Iora Alexander seconds. Motion was unanimously approved. The meeting
adjourns at 10:54 p.m.
Approved: October 4, 2006