MEMBERS PRESENT: Rick Whaley, Chairman (
ABSENT: Karen Sullivan.
ALSO PRESENT: Conservation
Agent Michelle Rowden and Secretary Agnes Donovan
Kevin
Avery, Vice
Chairman, opened the meeting at 7:06 p.m. under the wetlands protection act and
the Town of
A. MINUTES
Thomas Hughes moved to continue the minutes to
B. BUILDING PERMITS
Thomas
Hughes moved to authorize the signing of
the Building permit for Diane Fasoli of
Thomas Hughes moved to
authorize the signing of the Building permit for Michael Chisham of
Iora Alexander moved to authorize the signing of the
Building permit for
With the arrival of the Chairman,
this BP was revisited. Kevin Avery
stated that he would sign the Building Permit contingent upon the Agent
investigating the issue of the name change and
making sure that there would be
no issues with the name change. Rick Whaley moved to allow signing the Building
Permit contingent on getting positive information from Michelle Rowden. Thomas
Hughes seconded. The motion carried with Michael Greene, Kevin Avery, Thomas
Hughes and Iora Alexander voting in the affirmative. The applicant will leave the
Building Permit with the Commission.
September 20, 2006 Page 2
C. EXTENSION
Lisa Pearson, Director of
Planning, appeared before the board. Ms.
Pearson provided history of this project
going back to 1999 when the subdivision was approved. Ms. Pearson requested an extension as the original Order of
Conditions expired in 2001. Ms. Pearson
reviewed plans, road work, and proposed plantings with the Board and assured
them there would be no filling-in of wetlands. In discussion, Thomas Hughes and Iora
Alexander stated concerns that the contractors performing the work stick to the
Plans. Thomas Hughes requested a construction
conference prior to the start of work. Kevin
Avery questioned if the town took care of the road and Ms. Pearson said
yes. Iora Alexander moved to grant the
request for Extension contingent that there is a construction conference.
Thomas Hughes seconds. The motion was unanimously approved.
D. PUBLIC HEARINGS
2) NOI: Toler, LLC,
Thomas Hughes motions to take
208 Elm
Thomas Hughes motions to continue
3) NOI: Ron Poulin,
Thomas Hughes motions to take
Thomas Hughes motions to continue
5) NOI: Waldot Realty,
Thomas Hughes motions to take
Thomas Hughes motions to continue
1) NOI:
Vincent and Ellen Keiley,
Ron Laffley represented the
applicant. Mr. Laffley presented a
project handout to the Board. The footprint will be smaller. He reviewed plans
and pictures with the Board. There will be reduced parking and the new parking area will have a gravel pave 2 system. Mr. Laffley addressed the DEP concerns
regarding having Unit 1 on piles by providing a copy of a letter from Kenneth
Surette, the town Building Inspector,
stating unit #1 does not have to be elevated on a pile foundation. Board members questioned the proximity to the
marsh and Mr. Laffley stated the new structure will be further from the
marsh. Iora Alexander questioned
phragmites. Thomas Hughes questioned the lawn,
plantings and buffer zone. Thomas
Hughes asked who did the wetlands line and was told Bill Deecey of Millennium. Thomas
Hughes motioned to approve the project continent that there be a planting
schedule for native species along the wetland buffer line, and that the
planting schedule must be submitted prior to construction with an
implementation schedule. Michael Greene
seconds. The motion was unanimously
approved.
September 20, 2006 Page 3
4) ANRAD: James Vaughn,
Michael Seekamp represented
the applicant. Mr. Seekamp advised the board
that the wetlands had been delineated. There has been a site walk with the DEP,
Commissioner Hughes, and Agent Rowden. In addition, there has been a second
site walk. The conclusion was that the wetlands on plan were submitted
correctly. Thomas Hughes said this was a difficult site but feel that after two
walks the wetlands are correctly delineated. Thomas Hughes moved to approve the
ANRAD for
8) NOI: William Bartlett,
Paul Alluni of Apple
Associates resented the applicant. Mr.
Alluni stated that the last time he was before the Board for this applicant
they requested data sheets and they have been submitted. He stated there was no
change to the proposed site plan. Mr.
Avery asked if any abutters were present and no one spoke. Thomas Hughes moved to approve the
project. Iora Alexander seconds. The
motion was unanimously approved.
9) NOI: Thaddeus & Evelyn Zajchowski,
Bob Prokop of Wetland
Consulting Services represented the
applicant. Mr. Prokop reviewed the project which is the demolition of the
existing structure and construction of a new structure. Mr. Prokop said the new structure will be on
pilings, with blow out walls and will be elevated to 9 feet 6 inches above
existing grade. Mr. Hughes stated it is likely that his will be re-zoned to the
V Zone. Thomas Hughes asked what type of pilings and asked for the piling
locations. Mr. Prokop stated he did not
have the actual piling locations. Kevin Avery stated that the wall has to be
50% open. Thomas Hughes said the 50% open should be shown on the plans. Thomas
Hughes questioned the pavement and was shown the plan. Iora Alexander asked why
he was leaving broken pavement on the project. Kevin Avery asked what
material would the garage floor be and
Mr. Prokop said ¾ to one inch stone. Mr.
Hughes said it was crucial that the Board know more about the pilings before they could approve. Mr.
Hughes said they need to know what material they will be made of and where they
are going to be. The Board discussed the removal of concrete and Mr. Prokop
said he cannot promise but he will talk to the applicants. Thomas Hughes moved
to continue
Chairman Whaley called a
five minute recess at
10) NOI: Gabrielle Min Hong,
Paul Alluni of Apple
Associates resented the applicant. Mr.
Alluni reviewed revised design plans which showed the garage moved. Kevin Avery questioned the pavement in the
rear of the building.
Thomas Hughes moved to
approve the project. Iora Alexander
seconds. The motion was unanimously approved.
September 20, 2006 Page 4
6) NOI: Mark Cardillo,
Kevin Avery stepped down for
this project review. Thomas Hughes
motioned to continue this to
Taken at
7) NOI:
Kevin Avery stepped down for
this project review. Thomas Hughes motioned to Table this project. Michael Greene seconded. The motion was unanimously approved.
Taken from the Table. David Padien of Vanasse Hangen Brustlin Inc.
represented the applicant. Mr. Hughes asked if there was anything in writing
from CZM and was told no. Mr. Padien voiced concern that there were only four
Commissioners present. He offered to review material previously submitted. He said
he will submit written response to abutters’ questions. Thomas Hughes suggested
they continue to protect the interests of the applicant. Mr. Cook, project manager, asked if there
could be a workshop to keep moving on this project. Mr. Padien stated they want
to bring closure and see progress. Thomas Hughes stated he was looking for a written response from CZM. Agent Rowden
recommended continuing until the next meeting and discussing a special meeting
at that meeting. Rick Whaley said they need to review the CZM feedback and
suggested continuing until October 4 and setting up a special session. David Padien
is agreeable to a special session.
Iora Alexander moved to
continue 25 Broadway, 4 Ocean Front, 3,6,7&
11) RDA: Felch, Brown and Perkins,
Ms. Perkins appeared before
the Commission. Kevin Avery verified that this was regarding a mobile home and
was told yes. Ms. Perkins said there will be crushed stone around the mobile
home. Kevin Avery moved to issue a negative determination. Thomas Hughes seconds. The motion was unanimously approved.
Kevin Avery moved to authorize
the chairman to sign the Building Permit after ten days Thomas Hughes seconds. The motion was unanimously approved.
12) RDA: Joseph, Robert, David Gangi,
Ron Laffley represented the
applicants. Mr. Laffley advised the Board that
this property had a fire and the applicants want to move forward making indoor repairs, window replacement,
and replacing siding for fire damage.
Mr. Laffley stated that if more extensive work touching the ground is done they
will be back before the Board. Kevin
Avery moved to issue a negative determination.
Iora Alexander seconds. The
motion was unanimously approved.
September 20, 2006 Page 5
13) NOI: DPW Realty,
Kevin Avery steps down. Tom Cook represented the applicant. Chairman
Whaley reminded Mr. Cook that a member
was absent and of possible issues. Mr. Cook said this project was less
complicated and that he was satisfied with the number of members. Mr. Cook reviewed the project and said SPS
New England was the tenant at the property and
expansion of building was required to support the expansion of the
business. They are proposing the addition of 4250 square feet on two stories
and plan to capture run-off with infiltration chambers. They are proposing to
reconfigure the parking. Mr. Cook said Wetlands Preservation out of
14) ABNOI:
Pines Camping Area,
Paul Alluni of Apple
represented the applicant. He reviewed
the plan and extent of work with the Board. The plan is to replace the existing
office with a new office and parking. Thomas Hughes asked about the dimensions
and Mr. Alluni said 26 ‘ x 45’. Thomas
Hughes asked what would be under the deck, gravel or dirt and is it impervious.
Mr. Alluni said it wouldn’t be
impervious. The parking place out front will be gravel. Mr. Avery moved to
approve. Thomas Hughes seconds. The motion
was unanimously approved.
15) NOI:
Herb and Donna Allen,
Bob Prokop of Wetland
Consulting Services represented the
applicant. Mr. Prokop reviewed the project
plan which is a demolition and
re-construction with the Board. He showed that the salt marsh is located on the
west end. He showed pictures of the existing single story house. The new structure will be 29 feet x 45 feet
and will be elevated 2 feet above the existing grade. He showed the piling
locations. Iora Alexander questioned the driveway and Mr. Prokop said it is
used for parking. They are proposing
crushed stone on the plan but would remove asphalt. Thomas Hughes said to
mitigate 1.2 to 1 for the asphalt Mr.
Prokop checked with the applicants who agreed to take out asphalt. Thomas
Hughes asked about the elevation of the first floor/garage and Bob Prokop said
the garage was approximately 10 to 11.
Thomas Hughes asked about the side of the house and Mr. Prokop said they are
proposing 50% open lattice. Iora
Alexander questioned the driveway. Mr. Prokop said it is a very sharp turn
which will need a curve cut. Iora
Alexander asked if any fences were proposed and Mr. Prokop said no. Thomas
Hughes moved to approve with two conditions: 1) that the applicant plan to go
forward and change the driveway to permeable pavers and implement a 1.2 to 1
mitigation for pavement, and 2) that the lattice work be 50% open. Iora Alexander seconds. The motion was unanimously approved.
16) Amendment to Beach Regulations
Thomas Hughes moved to continue the Amendment to Beach Regulations
to
September 20, 2006 Page 6
17) Amended NOI:
Michael & Cathy Palmisano,
Michael & Cathy Palmisano
appeared before the Board. Chairman Whaley
advised the applicants of the ruling
from Town Counsel.
“Town counsel has come back
saying that the commission is not obligated to consider the concrete that was
removed prior to the filing of the NOI.
The burden is on the applicant to prove the existence and quantity of
the pavement. DEP could overturn this and the applicant should know that an
approval from the Commission is not a guarantee.”
Cathy Palmisano
showed pictures of the existing patios to the Board. Ms. Palmisano said they were looking to re-install
the patios and staircases. Rick Whaley
clarified if they were looking for the base of the stairs and straight out.
Rick Whaley asked if they were using teak board way in the back of the
building. Mike Palmisano said they were
using Mr. Boardwalk same as used by DCR. Rick Whaley asked for clarification on
re-installing concrete, how far out and how wide. Thomas Hughes asked if they
were planning to re-install the patios with concrete. Mike Palmisano said with
concrete or decorative concrete. Thomas
Hughes questioned the entrance. Mike Palmisano said it was functionality of
patios and egress. Cathy Palmisano asked what would be acceptable material. Thomas Hughes said decking. Kevin Avery mentioned that people have a right
to safety but voiced concern over the size of the proposed 12’ x 16’ patios and
asked if they could be smaller. He stated he could not approve the patios as proposed. Thomas Hughes said he would like to see legitimate egress for
doors. The Board reviewed the pictures of the side stairways. Rick Whaley mentioned that when driving by he
noticed their contractor preparing a gravel bed for parking and moving sand across the street and that he
advised them to stop. Cathy Palmisano
said it was just a holding spot and not intended to be there for more than an afternoon. Thomas Hughes said he wants to see the
material screened. Mr. Whaley said we asked CZM for input. Mr. Hughes moved to
authorize the chairman to approve an interim Dune Restoration Plan so the
applicants can get moving. Kevin Avery seconds.
Rick Whaley said he will if he receives CZM input. The motion was
unanimously approved. Thomas Hughes moved to continue to
18) Amended NOI: Robert Palmisano,
Robert Palmisano appeared
before the Board. Chairman Whaley
advised the applicant of information he received from Town Counsel. That there were no concessions made when the
Order of Condition was issued and the concessions cannot be retroactive. The
Applicant should file a new NOI. The Commission may approve the amended NOI but
that the DEP may appeal and require a new NOI.
Agent Rowden advised the Board that the DEP does not like amendments
unless they are for minor changes. The DEP requires a new NOI but since he
filed an amended NOI they would give some credit. Mr. Palmisano said he is willing to downsize, take out ten feet of pavement,
and put in pavers. Kevin Avery said he
would like to see this on a plan. Robert Palmisano said he is willing to do formal plans. Thomas
Hughes said the revised plans should show the actual dimensions and material.
Thomas Hughes motions to continue to
September 20, 2006 Page 7
19) Amended NOI:
Sal Ferrandi,
Michael Greene steps
down. Jeffrey Kucukistipanoglu
represented Mr. Ferrandi. Mr.
Kucukistipanoglu reviewed the accepted
NOI and clarified that the proposed amendment is to add hot top and increase
parking. Kevin Avery asked to be shown
where the additional hot would be. Kevin Avery stated concern on the retention
basin. Thomas Hughes voiced concern of the additional new paving. Mr. Hughes suggested that the best alternative
was the plan that was originally approved. He stated this change requires full
engineering review. Mr. Kucukistipanoglu said he sent the amendment for
drainage analysis and has not heard back. Agent Rowden said we did not
authorize our agent to review the revised plan. Kevin Avery moved to deny the
request. Thomas Hughes seconds. In discussion, Mr. Kucukistipanoglu asked what the
issues are and was advised encroachment onto wetlands, the additional pavement,
and a stormwater analysis. Thomas Hughes said that even with a new NOI he isn’t
willing to vote on encroachment onto wetlands. Thomas Hughes said if there was a full NOI he
would be looking for a smaller building and full review. Mr.
Kucukistipanoglu questioned a possible continuance or would he need a
new NOI. Mr. Hughes said new NOI.
The motion to deny the
request carried with Rick Whaley, Iora Alexander, Kevin Avery and Thomas Hughes
voting to deny the request.
Chairman Whaley called for a
five minute recess at
E.
OLD BUSINESS
1) CoC, Brian and Rhonda
Cameron,
Thomas Hughes did a site
visit. Subsequently the applicants submitted “as built” plans. Kevin Avery
moves to issue CoC. Thomas Hughes seconds.
The motion was unanimously approved.
2) Request for CoC, Ray
Champagne,
Rick Whaley spoke with Mr.
3) Request for CoC, H&M
Industries,
Kevin Avery reviewed the site
and he stated it looks good. Thomas
Hughes moves to issue the CoC. Iora Alexander seconds.
The motion was unanimously approved.
4) Changes to walkway and
lattice, Thomas Leonard,
Fence
Mr. Leonard appeared before
the Board. Mr. Leonard was requesting
approval of his proposed fence. Mr. Leonard passed out pictures of the fence he
plans to install on both sides of his property. He stated his abutters agree. In addition, he
wants to expand the fence. Mr. Hughes clarified that the expansion will not be
beyond the house and Mr. Leonard said no just enough to demark. The Board reviewed the pictures. Kevin Avery
moved to allow either fence sample to be installed and allow the additional
fencing. Iora Alexander seconds. The motion was unanimously approved.
September 20, 2006 Page 8
E. 4)
Continued
Lattice
Mr. Leonard asked for
permission to change his proposed lattice.
Mr. Leonard shared pictures with the Board. Thomas Hughes asked how high the skirt board
would be and Mr. Leonard said nine inches. The Commission reviewed the
pictures. Mr. Leonard clarified for them that this would be the same height as
the skirt board on the rest of the house.
Mr. Hughes said he would be happier with a narrower board. Kevin Avery moved to allow the changes to the
lattice work. Iora Alexander
seconds. The motion was unanimously
approved.
Walkway
Mr. Leonard shared a copy
of his plans with the Board and voiced concern with the bottom of the
stairway. Mr. Leonard is proposing a semi-raised platform running from the
pathway to the beach. He clarified his request with pictures he shared with the
Board. Kevin Avery asked why he did not come off the first step with a platform
and wait for DEP guidelines on platforms to the beach. Agent Rowden said the
DEP guidelines are not finalized. Kevin
Avery moved to allow his walkway platform off the fist step and wait for the
DEP to provide design data for walkway over the dune and that it be no more
than a four feet by ten foot concrete pad under the first stair. In discussion, Mr. Leonard asked if he could
use sonar tubes. Thomas Hughes asked how many sonar tubes he was proposing and
said no more than five. The motion was unanimously approved.
F. NEW BUSINESS
1) Repaving,
Steve Mekalian,
Agent Rowden has spoken to
the applicant and stated that Mr. Mekalian plans to replace the paving. She stated that nothing is changing from the
original plan of 1984. Thomas Hughes
said that in this case the Board does not need engineered plans.
2) Deed
of
Agent Rowden advised the Board that land is being given to
the town near
3) Request
for CoC,
Matt Steinel represented the
applicant. Mr. Steinel reviewed the plan changes and replication with the
Board. He stated he did a walk with the Agent. Agent Rowden stated that the replication was larger
and looked healthy and recommended voting to close the Enforcement Order. Iora
Alexander said the Enforcement Order
expired. Thomas Hughes said the skim coat was done. Thomas Hughes moved to
issue a CoC. Iora Alexander seconded.
The motion was unanimously approved.
September 20, 2006 Page 9
4) Significance
of change,
Buzz Coulinard appeared
before the Board. He stated that two
houses (lots 5 and 6) were very close together, that one driveway was almost
under the deck of another house, and he
was requesting to change his house locations. Mr. Coulinard presented plans and
showed how he would like to move the houses.
Thomas Hughes said that lot 5 and lot 6 encroached on isolated wetland
and he is concerned. Mr. Hughes said he would like to see flags for F31 wetland
and he would like to see amended plans. Kevin Avery said he saw no significance to the change to
Lot 5 and saw this as an insignificant change. Kevin Avery moved to consider
changes to lot 5 as insignificant on plans dated revised
5) Pay
Bills for Water Sampling
Thomas Hughes stated he would
like the Harbormaster to come and explain the test results. Agent Rowden said
the Harbor master will perform more tests. Kevin Avery moved to pay bills and
invite the Harbor Master and we would put him on first. Iora Alexander seconds.
In discussion, it was asked how much and $150.00 was the answer. The
motion was unanimously approved.
6) Draft
RFQ
Agent Rowden explained
this RFQ was to solicit qualifications
for Wetland Scientists. Thomas Hughes explained that the list should not only
be for three, that it should be limitless and ongoing. He requested that MACC
or Mary Rimmer supply the appropriate language. Thomas Hughes moved to continue
to
G. SITE INSPECTION
REPORTS - Covered under Old Business.
H. ENFORCEMENT
ORDERS
1)
2)
3)
5) 5 Broadway
Ron Laffley appeared before
the Board. Mr. Laffley stated that the General Contractor went to Don Levesque
and received permission to replace the water line. Mr. Laffley stated the town inspected the
water line. Mr. Laffley said it had been
his intention to come back when water line was coming in and he hadn’t
heard. Kevin Avery clarified that the
work was done and inspected by the town. Thomas Hughes told the Agent to discuss and confirm with Don Levesque
that the work was correctly done and if
so we would drop the Enforcement Order.
Thomas Hughes moved to continue this until
September 20, 2006 Page 10
6)
Thomas Hughes stepped down. Matt Steinel representing his aunt and Harold Congdon
appeared before the Board. Matt Steinel explained that the modular home is
ordered and en route. The issue is the drainage ditch. The representatives and Board discussed the
drainage ditch with the representatives saying the culvert pipe is plugged.
They provided photos to the Board. Rick
Whaley stated that the DEP thinks this is within 18 feet. Kevin Avery stated he
disagrees with the DEP. Kevin Avery and
Iora Alexander asked who from the DEP. Agent Rowden will find out. Kevin Avery asked who from town issued the
Enforcement Order and Chairman Whaley said he did. Matt Steinel said the wetland indicators are
in the ditch but not outside the ditch.
Rick Whaley said that in most cases if you are near wetland you would
want delineation and that delineation would have taken care of this issue. Matt Steinel stated that the grades of
property have not changed. Rick Whaley asked for some sort of documentation,
and said to throw up some silt fence. The representatives said silt fence
should be put up. Rick Whaley said that an ABNOI or an NOI get us to where we delineate. Matt Steinel proposed an RDA. Kevin Avery said he would not vote to ratify
an Enforcement Order. Harold Congdon stated concern for
the culvert which has no easement. Rick
Whaley advised the Board that they could ratify the Enforcement Order and
request an RDA or do nothing. Iora
Alexander asked if we do nothing and they build what the DEP then will do. No
motion was made.
ADJOURNMENT
Kevin Avery motions to
adjourn. Thomas Hughes seconds. Motion
was unanimously approved. The meeting adjourns at 11:32 p.m.
Approved: October 4, 2006