Salisbury Conservation Commission Minutes

October 18, 2006

               

               

                           

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

 

 

ABSENT: Kevin Avery and Michael Greene

 

ALSO PRESENT: Conservation Agent Michelle Rowden and Secretary Agnes Donovan 

 

Rick Whaley, Chairman, opened the meeting at 7:10 p.m. under the wetlands protection act and the Town of Salisbury Wetlands Protection Bylaws.

 

 

A.  PUBLIC HEARING

 

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

 

Thomas Hughes moved to Continue 25 Broadway, 4 Ocean Front, 3,6,7 & 11 Central Ave. to November 1, 2006 at 6:00 p.m. contingent that the comments are back from CZM, if not, then  to continue to November 1, 2006 at 7:15 p.m. posting a sign and notifying people. Karen Sullivan seconded the motion.   The motion was unanimously approved.

 

                                               

 

B.  MINUTES

 

Iora Alexander moved to accept the October 4, 2006 meeting minutes.   Thomas Hughes seconded the motion. The motion was unanimously approved.

 

C. BUILDING PERMITS

 

37 Atlantic Ave. - Thaddeus & Evelyn Zajchowski,

Jim Babbin represented the applicants.  He submitted the recorded Order of Conditions.  He did not have the Building Permit with him.  Thomas Hughes moved to authorize the Chairman to sign the Building Permit for 37 Atlantic Ave.  Karen Sullivan seconds the motion. The motion was unanimously approved.

 

28 CCC Road - Pines Camping Area

Thomas Hughes moved to authorize the Chairman to sign the Building Permit for 28 CCC Road.  Iora Alexander seconds the motion. The motion was unanimously approved.


 October 18, 2006  Page 2

 

D.  PUBLIC HEARINGS

 

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

 

Iora Alexander moved to take 208 Elm St. Out of Order and to continue to November 1, 2006 at 7:15 p.m.  Thomas Hughes seconded the motion.  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 November 1, 2006 at 7:15 p.m.  Karen Sullivan seconds the motion.  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 November 1, 2006 at 7:15 p.m.  Iora Alexander seconds the motion.  The motion was unanimously approved.

 

8)  ANRAD:  Waldot Realty, 111 & 117 Elm St. (Original 10/4/06)

Thomas Hughes moved to take 98 Elm St., 1, 3, 5 Bartlett St.  Out of Order and to continue to November 1, 2006 at 7:15 p.m.  Karen Sullivan seconds the motion. The motion was unanimously approved.

 

9) NOI:  Ronald Peredna, 5 Broadway (Original 10/4/06)

Ron Laffely appeared before the Board and stated that this should not be an NOI at this time. Thomas Hughes moved to continue to November 1, 2006 at 7:15 p.m. and ask the Agent to look into this NOI. Karen Sullivan seconds.  The motion was unanimously approved.

 

 

1) Amendment to Beach Regulations

 

Thomas Hughes moved to Table this to the end of the Public Hearings.  Iora Alexander seconds the motion. The motion was unanimously approved.

At the end of the Public Hearings, Thomas Hughes moved to Remove this from the Table.  Chairman Whaley seconds the motion. The motion was unanimously approved. Thomas Hughes questioned the 1978 language in the amendment as it was highlighted and Agent Rowden explained that this language was not new but only moved. Thomas Hughes moved to approve the changes to the Beach Regulations as provided in the current (10/18/06) draft. Iora Alexander seconds. The motion was unanimously approved.   In discussion, Agent Rowden stated she would send the entire document to the Commission for review as previously this was a typewritten document and has been re-done to a computer version correcting some minor changes. Thomas Hughes stated that this should be a Public Hearing.  The Agent agreed. Thomas Hughes moved to post a Public Hearing to adopt the recently re-done regulations and minor changes at the November 1, 2006 meeting at 7:15 p.m.  Iora Alexander seconds. The motion was unanimously approved.

 

 

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

 

Brian Knowles represented the applicant.  Mr. Knowles reviewed the Replication Plan with the Board including the wet pond design and stormwater control. He stated that Joe Serwatka did not want to consider the stormwater control in the replication plan. Mr. Knowles asked the Board for their opinion.  Rick Whaley stated that the DEP does not accept/count stormwater control.  Iora Alexander asked what the replication ratio was. Mr. Knowles said they are trying to have 1 to 1. Thomas Hughes stated that 1 to 1 is at the Town’s discretion.  Iora Alexander stated that Mary Rimmer reviewed this in the past. Thomas Hughes moved to continue 105 Bridge Rd.  to the November 1, 2006 meeting at 7:15 p.m. and ask the Agent to obtain review of the Wetland Replication using a Wetland Scientist at her discretion. Karen Sullivan seconds.  The motion was unanimously approved.

 

 

October 18, 2006  Page 3

 

 

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

 

Thomas Cook represented the applicant. Mr. Cook stated that he has replied to all of Joe Serwatka concerns.  Iora Alexander asked if he had an Easement Plan.  Mr. Cook stated that there was  a site plan review last week from the Planning Board and that Easement Plan will be provided after the winter.  Iora Alexander asked if he had addressed all the concerns on Bartlett Street. Mr. Cook stated he met with the DPW Director who stated there was no room for a  hood. Mr. Cook said they will fix the pitch of the pipe on the property and come back with sturdier pipes. He said the DPW Director did not require any special conditions. Mr. Cook said it would be OK to condition an Easement Plan.  Mr. Hughes advised Mr. Cook that the Board was one member short this evening and possible ramifications if the decision was appealed. Thomas Hughes moved to approve the plan contingent that a copy of the Easement Plan be submitted to the Board for the area mentioned in Joe  Serwatka’s  letter prior to a Certificate of Compliance being issued. Iora Alexander seconded the motion. The motion was unanimously approved.

 

 

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

 

Jim Babbin of Millennium represented the applicants. Mr. Babbin reviewed revised plans with the Board. He spoke to concerns raised at the previous meeting.  Mr. Babbin stated they would remove the cultec unit and include a stone chamber; he stated they are not proposing lattice or solid wood; he stated the first floor elevation is outside of the velocity zone; and that Pile Plans are included in the handout provided this evening.  Thomas Hughes stated that in regards to elevation it must be two feet above existing grade. Mr. Hughes said that the DEP sent a letter to three towns regarding lattice work. He stated that their policy is, in general, sound, however, in primary dune areas it may be appropriate to have lattice.  Mr. Babbin asked the applicants who were present if they wanted to have lattice on the plans.  Mr. Hughes explained that the DEP could appeal. The applicants stated they would prefer to have lattice.  Thomas Hughes moved to approve the plan with the condition the Board is requiring 50% open lattice in order to prevent the scour of sand under the building and to allow the dune to accumulate sand in this area. Iora Alexander seconds.  The motion was unanimously approved.

 

 

10)  NOI:  Eyad Al-Mahayni, 19 Lafayette Rd. (Original 10/18/06)

 

Ron Laffely represented the applicant. Mr. Laffely passed photographs taken today to the Commission. Mr. Laffely showed the architectural existing condition including the parking lot and stated he wants to  bring the property into compliance with ADA code.  Mr. Laffely reviewed the proposed changes with the Board. These included changes to the front door; an enclosed ramp for security of deliveries;  accessible lavatories on the first floor; a second floor staff lounge; doctor’s office, and staff laboratory. Mr. Laffely stated the parking lot design has  9’ by 18’ spaces and has Zoning Board approval. He is proposing a replication ratio of 1 to 1.35.  He stated there are no DEP comments and that there is not yet a DEP number. Thomas Hughes questioned  trees on the property. Mr. Laffely said that area is for putting snow. Thomas Hughes raised a concern for removal of the Japanese knotweed.  Mr. Hughes recommended that Mr. Laffely check with the Parker River Refuge personnel for herbicides to remove this weed as it is less disruptive.  Mr. Laffely stated concerns with using herbicides. Mr. Hughes stated that he wants to know how the Japanese knotweed will be removed spelled out in the plans. Thomas Hughes moved to continue 19 Lafayette Rd. to November 1, 2006 at 7:15 p.m., in the meantime to receive DEP comments, and to have the applicant provide a plan for removing the Japanese knotweed. Iora Alexander seconds. In discussion, Mr. Laffely asked to receive a copy of any information the Board receives from the DEP.  The motion was unanimously approved.

 

 

October 18, 2006  Page 4

 

11) NOI:  Eileen Green, 90 Forest Rd. (Original 10/18/06)

 

Tim Muldoon of Apple represented the applicant.  Mr. Muldoon reviewed the project with the Board. There is a Form A on the property. The applicants are seeking to construct two single family homes and relocate the gravel driveway. He stated they are keeping the structures above the nine foot elevation. They will use hay bales and silt fence.  Mr. Muldoon said the septic system designs are in the mail to the Board of Health.  Rick Whaley asked how close they are to the 40 foot no build zone. Mr. Muldoon said 20 feet. Rick Whaley questioned the lines and scale on the plans.  Thomas Hughes questioned the driveway. Mr. Muldoon said it is the only spot for the driveway. Thomas Hughes asked if they would remove the gravel.  Mr. Muldoon said they are proposing to remove the gravel.  Iora Alexander questioned the driveway and Mr. Muldoon reviewed it on the plans. Thomas Hughes asked who delineated the wetlands and was told Michael Seekamp.  Mr. Hughes suggested a Wetland Scientist look at the wetland lines. Thomas Hughes move to continue 90 Forest Rd. to November 1, 2006 at 7:15 p.m. and receive comments from the Wetland Scientist. Iora Alexander seconds. In discussion, Iora Alexander states the plans for the houses should designate no infringement on the no build zone.  The motion was unanimously approved.

 

 

12) ANRAD:  Allan Jarvis, 100 Forest Rd. (Original 10/18/06)

 

Tim Muldoon of Apple represented the applicant.  Mr. Muldoon said  the wetlands were delineated by Mr. Seekamp.  He stated that the DEP comments said they wanted data sheets and that he is the process of obtaining these.  Thomas Hughes said it is premature to approve without the data sheets.  Thomas Hughes move to continue 100 Forest Rd. to November 1, 2006 at 7:15 p.m. and to receive the delineation data sheets. Karen Sullivan seconds. The motion was unanimously approved.

 

 

The Chairman called for a two minute recess and then re-convened the meeting.

 

 

E.  OLD BUSINESS 

 

1) Significance of change, Coulson-Pratt Dr.

 

Buzz Coulliard appeared before the Board and stated that at  the last meeting there was discussion that someone would go out and review this request.  Thomas Hughes stated he went out and reviewed.  He stated that at the original Public Hearing the Board did apply 40 foot set-backs and that this crosses the line, but that the Board was flexible on the original permitting. He stated concern that we need paperwork to document the Board’s rational so that no precedent is set.  He asked the Agent if there was a fee for a By Law change and the Agent said there was no town fee.  Thomas Hughes said there was more grading than he expected to see.  Mr. Coulliard said the DEP has been there and did not have a concern over grading. Thomas Hughes also stated a concern over the silt fence location. Mr. Hughes said the change was major enough that it needs paper work done and to have  some type of By Law approval. He stated he wants to make sure the record documents that this plan was in place prior to the 40 foot no build zone rule and that the Commission agreed to be flexible when approving the plan. He recommended that the applicant  submit a written request for a change by filling out an NOI form but mark it to state  “Town By-law” only. The Agent said she would e-mail a form to the applicant. The Agent confirmed from Thomas Hughes that this would need a Public Hearing, newspaper ad, and  abutters’ notification.  Thomas Hughes asked the applicant to contact the DEP so they have no concerns and Mr. Coulliard said he would contact the DEP.  The Agent  asked for a letter or call to confirm they have no concerns.  Mr. Coulliard said he could not guarantee a written response or call from them.


 

October 18, 2006  Page 5

 

 

F.  NEW BUSINESS 

 

1) Request for Extension, TD Real Estate, 4 Forest Rd.  and

2) Request for CoC, TD Real Estate, 1 Garafalo Dr.

 

Agent Rowden stated the applicant requested a continuance as they did not get their plans in time.  Thomas Hughes moved to continue  New Business  nos. 1 and 2  to November 1, 2006 at 7:15 p.m.  Iora Alexander seconds the motion.  The motion was unanimously approved.

 

 

3) Request for CoC, Matt Palis, Palis Dr.

 

Matt Palis appeared before the Board. The Agent saw the plans submitted and recommended checking the replication.  Rick Whaley said some plans show wetlands on Lot 3 and some do not and the Board needs to be sure.  Mr. Whaley stated that at the time the plans were approved there was no indication of wetlands but the “As built” plans show wetlands.  Mr. Hughes said we need to have a Wetland Scientist look at this. Agent Rowden said they were hoping to have this completed for the Town Meeting. Thomas Hughes moved to authorize the Chairman to sign the CoC on behalf of the Board and have the Agent hold back the CoC until confirmation from the Wetland Scientist that the wetlands are replicated and to release upon signing by the members and the Wetland Scientist’ review to be sure there is no problem with the wetland replication. Iora Alexander seconds. The motion was unanimously approved.  In discussion, Thomas Hughes recommended that they not sign the CoC until the Wetland Scientist reviews to ensure that there is no pressure to issue the CoC.

 

 

 

       

G. SITE INSPECTION REPORTS - none.

 

       

 

H.  ENFORCEMENT ORDERS

 

All Enforcement Orders are Continued to November 1, 2006 at 7:15 p.m.

 

 

 

 

ADJOURNMENT

Thomas Hughes moved to adjourn.  Iora Alexander seconds.  Motion was unanimously approved. The meeting adjourns at 8:55 p.m.

 

 

 

 

 

Approved:  November 1, 2006