NOVEMBER
1, 2006
MEMBERS PRESENT: Rick Whaley, Chairman, Iora Alexander, Michael Greene, Thomas Hughes
ABSENT: Karen Sullivan
ALSO PRESENT: Conservation Agent Michelle Rowden and Secretary
Agnes Donovan
Rick
Whaley, Chairman, opened the meeting at
A. PUBLIC
HEARING at
NOI:
Thomas Hughes moved to Continue 25 Broadway, 4 Ocean Front, 3, 6, 7 &
Iora Alexander moved to Continue 25 Broadway, 4 Ocean Front, 3, 6, 7 &
B. MINUTES
Iora Alexander moved
to accept the
C. BUILDING PERMITS
Thomas
Hughes moved to authorize the Chairman to sign the Building Permit for
November 1, 2006 Page 2
D. PUBLIC HEARINGS
2) NOI: Toler, LLC,
Iora Alexander moved to take 208 Elm
3) NOI: Ron Poulin,
Thomas Hughes moved to take
4) NOI: Waldot Realty,
Thomas Hughes moved to take 117 Elm
5) NOI: Mark Cardillo,
Thomas Hughes moved to take 163 Elm
6) NOI:
Iora Alexander moved to take
9) NOI: Eileen Green,
Iora Alexander moved to take
November 1, 2006 Page 3
1) Wetland Regulations
Agent Rowden explained to the Board that the Regulations went through
a town Codification Committee to ensure they fit with the Town’s numbering
sequence and when the Agent has the electronic version she will insert the
recently approved Beach Paving Regulations into the electronic version. The Agent asked the Board to review copies
they were provided. Thomas Hughes asked
for a copy of the original paper Regulations.
Chairman Whaley asked for clarification of numbers 26.9 and Chapter 490
verbiage stating a concern for confusion with state regulations. The Agent
explained that the Conservation regulations are a part of a much larger town
document. Rick Whaley and Thomas Hughes
stated concerns. Thomas Hughes moved to
continue the Wetland Regulations to
7) ANRAD:
Waldot Realty, 111 &
Sergio Bonilla of Wetlands Preservation represented the applicant. Mr. Bonilla stated that Mr. Manuell did a peer
review and concurred with the wetlands delineation. Thomas Hughes moved to approve the ANRAD. Iora Alexander seconds. The motion was
unanimously approved.
8) NOI:
Eyad Al-Mahayni,
Ron Laffely represented the applicant. Mr. Laffely reviewed changes to the project
which include paring back the parking lot, the 2 to 1 replication ratio, and
the plan to eradicate the Japanese knotweed.
The plan to eradicate the Japanese knotweed includes delineating the
area they want to eradicate with silt fence; using a back hoe to pull out the
roots; they will not use chemicals as
they do not have history using chemicals, bring the roots to a land fill and
bury; put up a retaining wall at elevation 18; remove debris; bring in plants
in the spring and after two growing seasons apply for Compliance. Mr.
Laffely stated they still have to go before the Planning Board and that Joe Serwatka’s has concerns. Iora Alexander confirmed that there would be
a two to one replication and Mr. Laffely showed the areas on the plans. Mr.
Hughes stated a concern with the area being disturbed by a back hoe and wants
more details. Mr. Hughes stated that hay
bales may be more effective for erosion control and Mr. Laffely agreed. Mr.
Laffely provided a new plan to the Agent.
Thomas Hughes asked if this was provided to the DEP. Thomas Hughes stated a concern that this
project meet the DEP Inland Replication Guidelines. Mr. Hughes asked who
delineated the wetlands. Mr. Laffely
stated Kairos. Rick Whaley asked Mr.
Laffely if he read the Inland Replication Guidelines and could confirm that
this plan meets the guidelines. Mr. Laffely said yes. Mr. Hughes stated that we had just received
the DEP comments and need to review the plan, ensure it meets the DEP Inland
Replication Guidelines and stated the
risk to the applicant if the Board does not properly review the plan. Mr. Hughes moved to continue this to
November 1, 2006 Page 4
10) ANRAD: Allan Jarvis,
William Paulitz of Apple represented the applicant. Mr. Paulitz
submitted data sheets and a revised plan showing the Coastal Banks and added
topography. He requested a mutual time
to meet with Mr. Manuell. Thomas Hughes asked if the wetland flags are in the
same location and Mr. Paulitz said yes.
The Agent stated we had previously asked the Wetland Scientist to review
the site. Mr. Hughes asked Mr. Paulitz to show where the Coastal Banks were on the Plan. Rick Whaley asked Mr. Paulitz for
clarification on the Costal Banks criteria
Mr. Pualitz responded to these requests by referring to the Plans. In response to requests for copies of the plan
for the Board to review, Mr. Paulitz said he would provide additional copies to
the Commission. Thomas Hughes moved to
continue
11) NOI: Stephen Mekalian,
Stephen Mekalian appeared before the Board. Chairman Whaley asked Mr. Mekalian if he was
represented by an Agent and was told no. Mr. Mekalian stated he wants to hot top his
driveway. Agent Rowden reminded the
Board that they issued a positive RDA, that the applicant has original plans
from 1984, and that he is looking to repave exactly what is there. She also
stated the DEP has not issued a number yet.
Thomas Hughes stated that they had voted to allow this applicant to come
in using the original plan. The Agent explained to Mr. Mekalian that the Board
has to wait until they hear from the DEP.
Thomas Hughes moved to continue
12) RDA:
Rick Whaley asked if anyone was present for this and no one came forward. Thomas Hughes moved to continue
13) NOI: Amy O’Grady,
Ron Laffely and Amy O’Grady appeared before the Board. Mr. Laffely
reviewed the project stating the applicant has a single family one-story
home and plans to add a second bedroom on piles. He said that the DEP stated
that the lot appeared vacant in aerial
photography. The Commission reviewed aerial photography and confirmed that
there is a house on the lot. Thomas Hughes asked where Mr. Laffely’s stamp was
on the plans. Mr. Laffely said he would provide. Iora Alexander
moved to accept the plans for
14) NOI: Richard Bourne,
Mr. Wells represented the applicant. He explained that the applicant’s
retaining wall was damaged and needs to be replaced. Rick Whaley confirmed with
Mr. Wells that it would be stones; that
no cement would be used; and that it would it be where the original wall was
located. Mr. Whaley stated he has looked
at this and that with the wall down it represents a risk to the homeowner.
Thomas Hughes asked how the wall runs and was told east-west. Iora Alexander stated that this came before
the Board previously. Mr. Wells confirmed that this came before the Board in
September 2005. The Agent reviewed the
minutes and the Board’s recommendation at that time was that the applicant
submit plans. The Agent said the DEP has
not issued comments. Mr. Hughes said it makes sense to wait and see what
the DEP says. Iora Alexander moved to continue
Chairman Whaley declared
a recess then called the meeting back to Order.
E.
NEW BUSINESS
1) Request for Extension, TD
Real Estate,
Iora Alexander moved that items E 1) and E 2) be continued to the next meeting and that we should notify the applicants that we would like for them to be present. Thomas Hughes seconds. The motion was unanimously approved.
3) Request for CoC, Donald
Wright,
Don Wright appeared before the Board. Rick Whaley explained that when the Board receives a request for a CoC that a Commission member goes out to review the site. Iora Alexander will go and do a site review. Thomas Hughes confirmed that the applicants have “As Built” plans.
F. ENFORCEMENT
ORDERS
All Enforcement Orders are
Continued to
GENERAL
1) Agent Rowden asked the
Commission to consider meeting dates for December and January. Thomas Hughes stated to place this item on
the Agenda.
2) Thomas Hughes moved to send a letter and ask Mr. Avery to continue on the Conservation Board. Iora Alexander seconds. In discussion, Thomas Hughes stated Mr. Avery has a wealth of knowledge, most experience on the Board, and provides a balanced approach. The motion was unanimously approved.
ADJOURNMENT
Thomas Hughes moved to
adjourn. Iora Alexander seconds.
The Motion was unanimously approved. The meeting adjourns at
Approved: December 6, 2006