Salisbury Conservation Commission Minutes

October 4, 2006

               

                           

 

MEMBERS PRESENT:  Rick Whaley, Chairman, Iora Alexander, Michael Greene, Thomas Hughes, and Karen Sullivan  

 

 

ABSENT: Kevin Avery

 

 

ALSO PRESENT: Conservation Agent Michelle Rowden and Secretary Agnes Donovan 

 

Rick Whaley, Chairman, opened the meeting at 7:02 p.m. under the wetlands protection act and the Town of Salisbury Wetlands Protection Bylaws.

 

 

A.  MINUTES

 

Iora Alexander moved to accept the August 16, 2006 meeting minutes.  Rick Whaley seconded the motion. The motion was unanimously approved.

 

Iora Alexander moved to accept the September 20, 2006 meeting minutes.  Michael Greene seconded the motion.  Thomas Hughes abstained.  The motion was approved.

 

 

B. BUILDING PERMITS - None were presented.

 

 

C.

 

1)  River Water Sampling Results

 

Ray Pike, Harbormaster, appeared before the Board.  Mr. Pike reviewed the water sampling results stating that most of the river is fine, that there is one potential source of concern which is a creek along Bridge Road which he will continue to sample, and that he needs more samples for definitive results.   He stated that he has conducted three samples since August 11th.   Mr. Pike is working to obtain baseline lab results. Thomas Hughes asked if he had mapped out sample sites.  Mr. Pike said yes and he will provide.   In discussion of the bill, it was agreed that the Board’s share is now 50%.

 

 

 

 

 

 Minutes -  October 4, 2006   Page 2

C.    continued

 

 

2)  Emergency Certification, DCR, 169 Atlantic Ave.

 

Agent Rowden asked that this be continued.  Thomas Hughes asked why this was not filed if it is an emergency. Agent Rowden will look into this.  Iora Alexander moved to continue  the Emergency Certification, DCR, 169 Atlantic Ave. to October 18, 2006 at 7:15 p.m.  Thomas Hughes seconds.  The motion was unanimously approved.

 

 

D. PUBLIC HEARINGS

 

2) NOI:  Toler, LLC, 208 Elm St. (Original 12/7/05)

 

Thomas Hughes moved to take 105 Bridge Rd. Out of Order and to continue to October 18, 2006 at 7:15 p.m.  Iora Alexander seconds.  The motion was unanimously approved.

 

 

3) NOI:  Ron Poulin, 105 Bridge Rd.  (Original 1/18/06)

 

Thomas Hughes moved to take 105 Bridge Rd. Out of Order and to continue to October 18, 2006 at 7:15 p.m.  Iora Alexander seconds.  The motion was unanimously approved.

 

 

4) NOI:   Waldot Realty, 117 Elm St.  (Original 5/17/06)

 

Thomas Hughes moved to take 117 Elm St. Out of Order and to continue to October 18, 2006 at 7:15 p.m.  Iora Alexander seconds.  The motion was unanimously approved.

 

 

5) NOI:  Mark Cardillo, 163 Elm St.  (Original 5/17/06)

 

Thomas Hughes moved to take 163 Elm St.   Out of Order and to continue to October 18, 2006 at 7:15 p.m.  Iora Alexander seconds.  The motion was unanimously approved.

 

Chairman Whaley explained to the audience that these items would not be heard or discussed  at tonight’s meeting  and are continued to October 18, 2006.  

 

 

1)  Amendment to Beach Regulations

 

Chairman Whaley read the revised language to the audience. Thomas Hughes questioned the 1978 language and if that had been adopted. Agent Rowden  stated it was not new. The Board discussed work done by hand and asked that “by hand” be added to the (5)(a) regulation, and that the reference to heavy equipment be removed.  Thomas Hughes requested to see the new verbiage in writing. Thomas Hughes moved to continue the Amendment to Beach Regulations  to October 18, 2006 at 7:15 p.m.  Karen Sullivan seconds.  The motion was unanimously approved.

 

 

 

 

 

 

 

 

  Minutes - October 4, 2006   Page 3

 

6) NOI:  Plank Rd Realty, 25 Broadway, 4 Ocean Front, 3,6,7&11 Central Ave. (Original 6/21/06)

 

David Padien of Vanasse Hangen Brustlin Inc. represented the applicant. Mr. Padien stated that there was a site walk which included CZM but that they have not yet received written comments from CZM.  Agent Rowden explained that Rebecca Haney was waiting for a complete new package  as requested at the site walk.  Thomas Hughes confirmed that CZM had requested a new package and that  additionally there were some concerns over the geometry of the pile caps. Mr. Padien stated that they are working with a structural engineer to provide details. Mr. Padien stated that his intent this evening was to review his written comments and request an individual meeting for this project.  In discussion, the Board recommended that they not review those areas where they are expecting CZM  comments which would have to be re-reviewed but rather cover the Engineering comments.   Mr. Padien asked to address his written responses to the Board’s questions.   These concerns included:

 

Erosion Control  and what provisions there are to keep the site safe – Mr. Padien stated that the material on site would be covered and secure prior to a storm, and that netting could be removed if a hazard. That construction material would be covered with tarps and weighed down. Thomas Hughes mentioned removing material from the site for safety. Mr. Padien said he would provide criteria and provision on the contingency plan.

 

Proper Notification and notification of work on other lots – Mr. Padien stated they will not work without approval. They intend to have some type of written agreement  and  will provide those agreements to the Board. Thomas Hughes voiced a concern for work triggering the Wetlands Protection Act. Mr. Padien provided a copy of a letter regarding the property immediately to the north and said no excavation was proposed on that site and no alteration to the resource area.

 

Rooftop run-off  especially at Pavilion East and new 5 O’Clock Lounge building. – Mr. Padien said they are proposing a roof top drainage system.  Mr. Padien and the project engineer provided  their proposed engineering details  for the rooftop run-off to the Board. The Board discussed the details and the design as presented.

 

DPW drainage system – Iora Alexander asked if they have DPW sign-off. Mr. Padien stated they have provided the DPW director a full set of plans.  Thomas Hughes said the issue is the tie in to the sewer system. David Padien  presented a handout/catalog  on a check valve with removable cover to the Board. The Engineer stated that they modified the  plans and have an oil/gas separator, and that  if the water level rises to a certain level the connection to the sanitary sewer closes and the water will go to an infiltration system. Thomas Hughes asked if this was rated for salt water and was told yes. Thomas Hughes moved to have the engineering design plans, and drainage system modifications be provided to the Commission and the DPW Director.  Rick Whaley seconds. The motion was unanimously approved.

 

Curbing and Grading – Alexander questioned the curbing and grading.  Mr. Padien showed drawings which show the  proposed curbing and grading.   

 

Location of trash – Mr. Padien said the trash will be in enclosed places and will be at or above elevation 15. 

 

Question on deficit of  sand at the new 5 O’Clock building.  – Mr. Padien said they would like the sand to fill in naturally or clean sand would be placed  there. They will put in snow fences.  Mr. Hughes suggested they come up with a source of sand, and criteria for bringing in sand and provide it to CZM.  Mr. Padien said they will do what the state does.

 

 

 

 

  Minutes -  October 4, 2006   Page 4

 

D) 6  continued

 

Specific meeting for this project – Thomas Hughes moved to continue Plank Rd Realty, 25 Broadway, 4 Ocean Front, 3,6,7&11 Central Ave. to October 18, 2006 at the special time of 6:00 p.m. Iora Alexander seconds.  The motion was unanimously approved.

 

Mr. Whaley called a 5 minute recess and then called the Meeting Back to Order.

 

 

7) NOI:  Thaddeus & Evelyn Zajchowski, 37 Atlantic Ave. (Original 8/16/06)

 

Bob Prokop of Wetland Consulting Services  represented the applicant.  He addressed concerns raised by the Commission at the last meeting. Mr. Prokop said for the back area which now has broken pavement that the pavement will be removed and will have stone. Mr. Prokop reviewed the stamped  pile plan details with the Commission stating that there will be twenty steel pilings, four for the deck and sixteen for the main dwelling. He stated the first floor would be 9 ½  feet above existing grade. Mr. Hughes asked what the elevation at grade for the first floor is and Mr. Prokop said slightly over 18 feet.    Mr. Prokop said he proposes to have the car port a minimum of 50%  open lattice work. The Board explained the new conditions regarding lattice work received from the DEP.  Mr. Whaley explained that the new DEP policy call for house foundations to be fully open.  Mr. Hughes stated he would be more comfortable conditioning it that the lattice work be 80% open. Mr. Prokop requested that the Board condition that the lattice work be 50% open. Iora Alexander questioned the parking. Mr. Prokop said it will be under the building to the left and will have ¾ to 1 inch stone. Thomas Hughes asked if he spoke with the Building Inspector who has signed-off on gravel pave.  Mr. Hughes moved to approve the plans as proposed, contingent that the applicant use gravel pave for parking; that the lattice must be at least be 50% open on the sides; and that prior to  construction the applicant should provide a letter to the Commission from an engineer showing  that the piles can withstand V zone.  Iora Alexander seconds. The motion was unanimously approved.

 

 

8) NOI:  DPW Realty, 98 Elm St., 1,3,5 Bartlett St.  (Original 9/6/06)

 

Thomas Cook appeared before the Board. Mr. Cook provided revised plans in response to Joe Serwatka’s comments. Rick Whaley said the Board usually waits to see if Mr. Serwatka agrees with the changes.  Mr. Cook stated that some comments were housekeeping and that Bartlett Street has been labeled as a public way.  Mr. Cook said that in response to Mr. Serwatka’s comments requesting an easement, that he will be submitting a Form A to clean up lot lines and show easement on plans, and that he will record this with the Planning Board.  Mr. Cook said there was a right of way for Chris’s Auto Body.  Mr. Cook stated that the NOI showed two dumpster locations but that the trash is emptied twice a week and that no trash dumpster is on site. Mr. Cook said he met with the DPW Director regarding the drainage on Bartlett Street and they will replace the pipe and pitch correctly and show the changes on the plans.  Mr. Cook said the Planning Board did not like the parking and so that there is now a grass island reducing parking area by 2,000 square feet.  Thomas Hughes stated they want to see the comments from  Joe Serwatka.  Thomas Hughes moved to continue  98 Elm St., 1,3,5 Bartlett St.  to October 18, 2006 at  7:15 p.m. and to ask Joe Serwatka to review the revisions,  and have the Agent check with Don Levesque that he is satisfied with the changes. Karen Sullivan seconds the motion.  The motion was unanimously approved.

 

 

 

 

 

 

 

 

 

 

 

  Minutes -  October 4, 2006   Page 5

 

9) Amended NOI:  Michael & Cathy Palmisano, 528 N. End Blvd. (Original 9/6/06)

 

Dune Restoration - Chairman Whaley said he met with Rebecca Haney regarding the dune restoration at this property and that there should be a meeting on the dune restoration with representatives from CZM, DCR, DEP and the Commission. Ms. Haney thinks that the area needs to be filed-in in case of a breach.   She is proposing a larger look at that area.  Rick Whaley asked the applicants if the walkway had been filled in and the applicants said yes under the instruction of Mike Magnifico. Rick Whaley said the instructions need to be done in a concerted effort  and that the DEP is a higher authority.  Rick Whaley stated that Ms. Haney is talking with her manager and that this project is a significant dangerous potential that needs to be addressed soon with the impacted parties.  Mr. Palmisano voiced concern for himself and the new owners.  Mr. Whaley stated that the Board’s  concern is for the dune. Mr. Hughes said the dune restoration plan must have approval of this Commission.  Thomas Hughes asked how long before we hear back form Ms. Haney. Rick Whaley said he thinks by the end of the week. Mr. Hughes moved to continue the dune restoration for 528 N. End Blvd. to October 18, 2006 at 7:15 p.m. and in the interim to authorize the Chairman to represent the Commission working with the other agencies and to approve interim steps.  Iora Alexander seconds. The motion was unanimously approved.

 

Walkways – The applicants provided present and proposed walkway plans and reviewed them with the Commission. The Commission reviewed the plans, questioned the egress locations, and the width and length of all concrete. Thomas Hughes stated this location is in the V zone and they prefer to see narrower concrete walkways.  The Commission asked the applicants to revise the plans showing that the pavement will not go beyond the egress doors on both sides. The applicants modified the plans at the meeting. Thomas Hughes moved to approve the plans as modified at this meeting for re-installation for a portion of concrete for means of egress on site.  Iora Alexander seconds the motion. The motion was unanimously approved.

 

 

 

10)  Amended NOI:  Robert Palmisano, 406 N. End Blvd. (Original 9/6/06)

 

Robert Palmisano appeared before the Board. He reviewed his revised plans with the Board.   He stated he is removing ten feet of hot top, putting in pavers and walkways between the parking places. Iora Alexander moved to approve the revised plans faxed on October 2, 2006 which reflect the changes to walkways and parking. Karen Sullivan seconds. The motion was unanimously approved.

 

 

11) NOI:  Salisbury Amusements, 191 Beach Rd. (Original 9/20/06)

 

Neil Goldman appeared before the Board and introduced the team for this project including Michael Seekamp,  the wetland engineer,  and Dennis Quintal, the project engineer.

Michael Seekamp reviewed the plans with the Commission and stated that a RAD had been approved earlier this year with Mary Rimmer as consultant.  Rick Whaley asked when the wetland has been delineated and Mr. Seekamp said  2005.   Mr. Seekamp reviewed the plans for the thirteen acres on which there will be four units, parking under the units, and stormwater management at the center of the project. Mr. Seekamp highlighted the wetland line and reviewed it with the Board.  Iora Alexander asked if the wetlands had been flagged and was told yes. Thomas Hughes asked where the construction would cross and Mr. Seekamp showed where on the plans. Thomas Hughes said there would be a temporary impact to the 25 foot do not disturb zone. Mr. Seekamp said the grading will not go beyond 25 feet. Thomas Hughes questioned the impact to the back side of the beach during a storm event.  Michael Seekamp said they can detain a 100 year storm. Thomas Hughes asked what was the total value of fill being brought onto the site. Mr. Quintal said approximately 62,000 cubic yards.


 Minutes - October 4, 2006   Page 6

 

D) 11  continued

 

Thomas Hughes asked where the fill would come from and was told New Hampshire. Thomas Hughes voiced a concern that it be clean fill. In response to a question, Mr. Goldman stated that the Planning Director requested that the applicant first come to the Conservation Board and then Planning. In a response to the mitigation ration, Mr. Seekamp said it would be 2 to 1.  Thomas Hughes asked if there was a Planting Plan and was told yes.  Mr. Hughes asked if there was a plan to control phragmites. Michael Seekamp said yes, that they had talked to Mosquito Control and others.  This would require new culverts and perhaps a ditch which they are not proposing as part of this proposal but are willing to assist  Thomas Hughes asked if there would be a public walkway. Neil Goldman said they were still considering a public walkway. Thomas Hughes moved to continue Salisbury Amusements, 191 Beach Rd.  to November 1, 2006 at 7:15 p.m. and to ask Joe Serwatka to review for engineering issues. Iora Alexander seconds the motion.  The motion was unanimously approved.

 

 

 

12) NOI:  James & Lena Giarusso, 119 Atlantic Ave.  (Original 9/20/06)

 

Matt Steinel of Millennium represented the applicant.  Mr. Steinel presented green cards to the Agent.  Mr. Steinel provided reduced size plans to the Board for review. Mr. Steinel reviewed the plans with the Board explaining that the existing three units dwelling received significant damage in a fire last year and so the applicant plans to remove the existing structure,  and replace it with a new three unit structure.  He stated they have ZBA approval.  Mr. Steinel said the run off is accounted for a 100 year storm using cultec. They do not plan to disturb the dune grass and are proposing to plant eight Rosa rugosae. Iora Alexander questioned the parking and Matt Steinel said it remains on the existing spot showing the required ZBA six spots.  Rick Whaley questioned the cultec and stated that the DEP comment referred to this as a solid structure.  Rick Whaley said he wants to see what the DEP letter says.  Rick Whaley asked the representative if cultec is unacceptable what they would use. Mr. Steinel said he would have to check with the engineer. Thomas Hughes questioned the dune elevation in front and asked if it dipped. Mr. Steinel said there is a depression. Using the proposed plans and computer, the Board reviewed the present and proposed structure. Thomas Hughes asked if they have piling locations.  Mr. Steinel said they were being done by others.  Thomas Hughes asked if they would look at revising the plan to raise the first floor to eighteen feet. Iora Alexander asked how much damage was done to the dune last spring and the applicant said it was coming back.  Thomas Hughes moved to continue James & Lena Giarusso, 119 Atlantic Ave to October 18, 2006 at 7:15 p.m.; to ask the applicants to look at redesigning the first floor to bring it up two feet; to look into the DEP comments if cultec is acceptable, and, if they can, to provide a piling plan.   Karen Sullivan seconds the motion.  The motion was unanimously approved.

 

 

 

13) ANRAD:  Waldot Realty, 111 & 117 Elm St. (Original 9/20/06)

 

Thomas Cook of DPW and Jim Bolduc of Wetlands Preservation  represented the applicant. Mr. Cook stated there was an NOI and that the DEP questioned the wetland line.  Thomas Hughes asked why this was not being done under the NOI and Mr. Cook said they want to resolve the wetlands  issue and wrap-up the delineation.  Jim Bolduc stated he delineated the wetland line but that first he asked the applicants not to mow the lawn of three weeks and that then he reviewed the delineation and did a series of data sheets. Iora Alexander moved to refer the wetland delineation to William Manuel. Karen Sullivan seconds the motion.  The motion was unanimously approved.  Iora Alexander moved to continue Waldot Realty, 111 & 117 Elm St. to October 18, 2006 at 7:15 p.m.   Karen Sullivan seconds the motion.  The motion was unanimously approved.

 

 

 

 

 

 

  Minutes - October 4, 2006   Page 7

 

E.  OLD BUSINESS 

 

1) Request for CoC, Ray Champagne, 147 Beach Rd.

 

Rick Whaley said  he went to the property and reviewed the plans. Mr. Whaley stated that two detention ponds at the end of the property were not built.  Mr. Whaley explained that Ray Champagne stated that the water does not reach those locations. Mr. Whaley said a swale ditch drains along side the property line to where the detention pond is proposed.  Rick Whaley recommended deferring until there are heavy rainstorms and then he will  personally review.  Thomas Hughes asked if the applicant was in a hurry and Mr. Whaley said no. Thomas Hughes moved to Table until the Chairman observes a 10 year storm event or better on the site, and have Mr. Champagne remind him when there is a serious storm. Iora Alexander seconds.  The motion was unanimously approved.

 

 

2) Significance of change, Coulson-Pratt Dr.

 

Agent Rowden stated the applicant called and requested a continuance. Agent Rowden sated the DEP issued Superseding Orders. Thomas Hughes said we still have laws in town and if the applicant is looking for a change the Board still has a say. Thomas Hughes stated he went to the site and that the clearing and re-grading seem more extensive than  proposed, and that the silt fence is right up to the wetlands.  Mr. Hughes asked the Agent to review the Order of Conditions and to look at the site. Rick Whaley asked about the trees and Mr. Hughes said there are very few trees. Thomas Hughes moved to continue Significance of change, Coulson-Pratt Dr.  to October 18, 2006 at 7:15 p.m., and in the meantime to ask the Agent to look into construction, local Bylaws, and the OoC and to notify the state if she sees any issues.   Karen Sullivan seconds the motion.  The motion was unanimously approved.

 

 

 

 

       

F. SITE INSPECTION REPORTS - none.

 

 

 

G.  ENFORCEMENT ORDERS 

 

 

All Enforcement Orders are Continued to October 18, 2006 at 7:15 p.m.

 

 

 

ADJOURNMENT

Thomas Hughes moved to adjourn. Rick Whaley seconds.  Motion was unanimously approved. The meeting adjourns at 10:43 p.m.

 

 

 

Approved:  October 18, 2008