NOVEMBER 15, 2006

Salisbury Conservation Commission Minutes

 

                                                                           

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

 

 

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)

 

Iora Alexander moved to Continue 25 Broadway, 4 Ocean Front, 3, 6, 7 & 11 Central Ave. to December 6, 2006 at 6:00 p.m. provided we receive CZM comments by that time    Thomas Hughes seconded the motion.    The motion was unanimously approved.

 

 

 

B.  MINUTES

 

Thomas Hughes moved to Continue the November 1, 2006 meeting minutes to December 6, 2006 at 7:15 p.m.   Iora Alexander seconded the motion. The motion was unanimously approved.

 

 

C. HOLIDAY MEETING SCHEDULE

 

The Board discussed the December meeting dates.  Two members stated they will not be available for the December 20th meeting.  This meeting will be cancelled.  Thomas Hughes stated he prefers not to cancel meetings in advance. 

Mr. Hughes asked the Agent for a letter to the Town Manager stating there are three vacancies for the Board.  Agent Rowden stated that this was done.

 

 

 

 

 

 

  November 15, 2006  Page 2

 

 

 

D. BUILDING PERMITS – none presented

 

 

E.  PUBLIC HEARINGS

 

1) NOI:  Stephen Mekalian, 44 Central Ave. (Original 11/1/06)

 

Mr. Mekalian appeared before the Board.  Thomas Hughes stated that this project was reviewed and discussed at a previous meeting and that the Commission  had continued this project while waiting for the DEP comments. The DEP had no comments. Thomas Hughes moved to approve the NOI for 44 Central Avenue.  Iora Alexander 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 December 6, 2006 at 7:15 p.m.  Iora Alexander 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  for the purpose of continuing it to December 6, 2006 at 7:15 p.m.  Iora Alexander seconds the motion. The motion was unanimously approved.

 

 

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

 

Robert Masey represented the applicant. Mr. Masey presented new color coded plans which included the wetlands; drainage;  location of drainage chambers; and stockade fence which he reviewed with the Board.  Mr. Whaley confirmed that the Board would keep these plans.  Rick Whaley asked that the 40 foot no-build line be added to the plans.  Agent Rowden stated that Mary Rimmer has no issue with the wetland line. Thomas Hughes stated a concern over fill that was placed on the location and stated there is a need to do soil borings. Mr. Masey said the fill was on the site prior to his company having this project. Thomas Hughes asked Mr. Masey to identify where the fill was placed and to do soil borings.  Mr. Hughes stated his concern that he has missed one Public Hearing and does not feel comfortable voting at this time.  In response the applicant’s question on the fill, Agent Rowden stated the Planning Board does not authorize fill.  Thomas Hughes moved to Continue Toler, LLC, 208 Elm St. to December 6, 2006 at 7:15 p.m. and in the meantime have the applicant add the 40 foot set-backs on the plan, determine where fill was added using previous topography and perform soil borings.   Iora Alexander seconded the motion. The motion was unanimously approved.

 

 

 

 

 

 

 

 

 

  November 15, 2006  Page 3

 

 

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

 

Brian Knowles represented the applicant. Mr. Knowles stated he has addressed all of Joe Serwatka’s comments.  Mr. Knowles stated he received Mr. Manuell’s comments, addressed them and presented revised plans to go along with Mr. Manuell’s comments. Mr. Knowles stated the proposed building has changed to be completely out of the 25 foot zone but that there will be 112 feet in the 40 foot zone. Mr. Knowles stated he has to go before the Zoning Board for setback  approvals.  Mr. Knowles reviewed the new plans with the Board showing the wetland pond, catch basin, and where they propose to plant shrubs.  Agent Rowden stated the reviewer mentioned moving shrubs to front of property near the road. Mr. Knowles stated the replication is at least 1 to 1. Iora Alexander asked if two to one was out and Mr. Knowles said it was 1 to 1.  He stated there is a wetland pond.  He stated  he has achieved 80% TSS removal. Thomas Hughes said he wants to be sure the reviewers have signed off on the changes. Mr. Hughes said there was still the issue of abutters and treatment of drainage. Rick Whaley asked if there was an invasive plant control plan for the next two years. Mr. Knowles said he can add that. Thomas Hughes said that it could be a condition,  Thomas Hughes moved to Continue 105 Bridge Rd. to December 6, 2006 at 7:15 p.m. and in the meantime ensure the abutters are satisfied with the handling of drainage, and making sure the reviewers are satisfied.  Iora Alexander seconded the motion. The motion was unanimously approved.

 

 

7) NOI:  Salisbury Amusements, 191 Beach Rd. (Original 10/4/06)

 

Dennis Quintell , project engineer, represented the applicant.  Mr. Quintell stated that Mr. Seekamp was at a previous meeting and reviewed the environmental issues.  Mr. Quintell stated he received comments from Joe Serwatka and that all of Mr. Serwatka’s issues have been addressed.  Mr. Quintell said that  regarding the concern for proper soil on site that borings were done and a report generated and should be included in Order of Conditions. Rick Whaley asked if the infiltration, on site soil information,  that the fill should be inspected, and information on utility contractors would be on the final plans.  Mr. Quintell said this information would be in the final plans. Rick Whaley asked if this was sent to a Wetland Scientist and the Agent said no. Thomas Hughes said he has a concern of 60,000 cubic feet of fill, a concern for flooding, where was the fill was going and why.  Mr. Quintell reviewed the Grading and Drainage Plans  including the storm water detention in the center of the project with the Board.  In response to questions form Mr. Hughes, Mr. Quintell reviewed the various elevations on the plans. Mr. Hughes said much of lot today is below 8 and Mr. Quintell agreed.  Agent Rowden asked if they met with Don Levesque.  Mr. Quintell said they have met with Don Levesque, discussed the drainage and fill,  and that Mr. Levesque has no concerns. Agent Rowden asked about the bottom of the buildings and was told they could drive under with a solid wall at back. Thomas Hughes stated a concern that other folks could be flooded.  Mr. Quintell said the run-off does not impact Beach Road.  Iora Alexander questioned the disbursement into the marsh.  Mr. Quintell said they were containing surface run-off on site.  Thomas Hughes said the volume of fill need to be tested to be sure it is clean.  Iora Alexander said the time-line of fill coming in is a concern.  Thomas Hughes moved to Continue 191 Beach Rd. to December 6, 2006 at 7:15 p.m. and in the meantime have the Conservation Agent speak to Don Levesque with an eye on flooding concerns and possibly CZM if they could provide quick comments.   Iora Alexander seconded the motion. The motion was unanimously approved.

 

 

 

 

  November 15, 2006  Page 4

 

 

6) NOI:  Ann Jones, 3 True Road  (Original 11/15/06)

               

Thomas Hughes moved to Table 3 True Road   Iora Alexander seconded.  The motion was unanimously approved.  Iora Alexander moved to take 3 True Road   out of Order and bring back for discussion at this time.  Rick Whaley seconds. The motion was unanimously approved.

Lisa Pearson, Planning Director, reviewed this project with the Board.  Ms. Pearson stated that Ann Jones donated the rear part of her land for this project.  This project will extend the existing Salisbury Ghost Trail to Lions Park and the North/South trail.  Ms. Pearson provided plans and aerial photography of the trails.  There will be two wetlands crossing one will be a fifty foot crossing and the other a small bridge.  She stated she has been working with Greg Bowden of Northpoint and Ann Jones.  Thomas Hughes asked how many feet would be disturbed and was told 660.   Thomas Hughes asked about the posts and was told they would be 2x6.  Ms. Pearson said the trail would be 10 feet wide but there would be no wetlands impact. Rick Whaley asked about the posts and if they would be pressure treated.  Agent Rowden said they would use what is appropriate.  In response to a question from Mr. Hughes,  Ms. Pearson said there would be some tree cutting. Mr. Hughes said hay bales or silt fence should be used. Thomas Hughes said he would like to see plans showing erosion control before he approved. Rick Whaley said he would like to see a narrative on how the posts would be put in included. Ms. Pearson said they would be put in by hand machine/auger by a crew of volunteer people.  Mr. Hughes asked what type of wood and Ms. Pearson said she would not know for a while.  Thomas Hughes moved to Continue 3 True Road  to December 6, 2006 at 7:15 p.m. and  to have the applicant provide revised plans; that a narrative be provided;  that they have an erosion control  plan and construction details, and the type of wood.   Iora Alexander seconded the motion. The motion was unanimously approved.

 

14) NOI:  Shirley & Andrew Shea, 41 Commonwealth Ave. (Original 11/15/06)

 

Thomas Hughes moved to take 41 Commonwealth Ave Out of Order.  Michael Greene seconds.   The motion was unanimously approved.  The Board explained that Commissioner Alexander is an abutter and will step down for this project and so the Board cannot take action on this project tonight. The applicant has the choice of waiting or going to the DEP.  Ron Laffely, representing the applicant, stated that possibly nothing will be touching the ground.  That this project is a small addition. Mr. Laffely stated they need to replace concrete piers, if needed,  due to bearing capacity.  Thomas Hughes asked if this would be exploratory digging. Mr. Laffely said they would dig down about four feet. Thomas Hughes said he would allow this and Mr. Whaley concurred.  Lisa Pearson, Planning Director, advised opening this NOI and then over the next two week the Board can deal with legal/procedural issues.  Thomas Hughes moved to Continue 41 Commonwealth Ave. to December 6, 2006 at 7:15 p.m.   Michael Greene  seconded the motion. The motion carried with Mr. Whaley, Mr. Greene, and Mr. Hughes voting in the affirmative.  Iora Alexander abstained.

 

 

 

 

 

 

 

 

 

 

November 15, 2006  Page 5

 

13) NOI:  Salvatore Ferrandi, 154-156 Bridge Rd.  (Original 11/15/06)

 

Thomas Hughes moved to take 154-156 Bridge Rd. out of Order. Rick Whaley seconds.  Michael Greene steps down due to a possible conflict of interest.  Jeffrey Kucukistipanoglu of Apple represented the applicant.  The Board explained they do not have a quorum to approve this project.  Thomas Hughes  expressed a concern about voting if a member misses a meeting.  Agent Rowden explained that the Mullens Rule would not apply here as this was a new NOI.  Thomas Hughes moved to Continue 154-156 Bridge Rd.  to December 6, 2006 at 7:15 p.m.  Iora Alexander seconded the motion. The motion carried with Rick Whaley, Iora Alexander and Thomas Hughes voting in the affirmative.  Mr. Greene abstained.   Mr. Ferrandi asked if there is no Commissioner does he get further postponed.  Thomas Hughes explained that there is an option that if the Board cannot act that they forward the project onto the state.  Rick Whaley said the Board can find out what the applicants options are. Mr. Hughes stated that if the Agent finds out anything before December 6th she will call him.

 

 

 

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

 

Ron Laffely represented the applicant.  He said this is also known as Salisbury Family Dental.  Mr. Laffely said he addressed concerns of Mike Abell regarding replication and parking. The replication issues were that  Mr. Abel mistook uplands as wetlands, and that the replication impact was less than 500 feet and when the impacted area is less than 500 feet you do not have to replicate.  Mr. Laffely addressed the parking issue saying they could not have another curb cut.  Agent Rowden said that Mr. Abell was OK with the project.  Mr. Laffely said they would use hay bales in place of silt fence as discussed in a previous meeting but he is seeking permission to remove the hay bales after one year.  Mr. Laffely reviewed the plan with the Board. Thomas Hughes confirmed that the Board had stamped plans. Thomas Hughes moved to approve the plan including in the Conditions that after construction is complete and upon approval of the Conservation Agent that the hay bales may be removed. Iora Alexander seconded the motion. The motion was unanimously approved.

 

 

 

 

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

 

Jeffrey Kucukistipanoglu of Apple represented the applicant.   Mr. Kucukistipanoglu presented handouts dated today in response to Mr. Manuell’s letter and a response from Seekamp.  Chairman Whaley stated the Board’s policy is to receive material by the previous Friday so that the Board can review the material.  Mr. Kucukistipanoglu stated there were two issues one being the wetland flagging,  and two, the status of the stream.   He stated the flags have been changed.  Mr. Kucukistipanoglu  said there was an ORAD in 2002 and that the stream was determined to be intermittent. The applicant sent a signed letter that in her residence the stream was dry except for heavy rain and spring thaw.   Rick Whaley stated the stream is a concern.  Thomas Hughes moved to Continue 90 Forest Rd. to December 6, 2006 at 7:15 p.m. and to forward copies of the revisions to the reviewers  to see if they agree.  Iora Alexander seconded the motion. The motion was unanimously approved.

 

 

 

  November 15, 2006  Page 6

 

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

 

Jeffrey Kucukistipanoglu of Apple represented the applicant.  Agent Rowden said the site visit was Monday, a few of the flags were added and moved, that Mr. Manuell reviewed the Coastal Banks,  and that most  was fine.  Thomas Hughes asked if Mr. Manuell had seen the letter dated today.  Thomas Hughes moved to Continue 100 Forest Rd. to December 6, 2006 at 7:15 p.m.  Richard Whaley seconded the motion.  In discussion,  Mr. Kucukistipanoglu  asked if this project could be approved contingent upon the reviewers review and agreement.  Thomas Hughes said we have just received the letters and  updated plans and that the Board would like to have the Reviewer agree.  The motion was unanimously approved.

  

 

 

11A) NOI:  Ronald Peredna, 5 Broadway. (Original 10/18/06)

 

Ron Laffely represented the applicant. He stated this is also known as Christy’s Pizza.  Mr. Laffely reviewed the history of the project.  He had previously come before the Board for approval and did not know at the time where the water line was going in but knew he would need approval for that.  However, the General Contractor coordinated the water line with Don Levesque and not the Conservation Commission.  Mr. Laffely  said he is here before the Board tonight as they now need two more water lines for the sprinkler system.  DPW and Pennichuck have determined where they want the water lines.  Mr. Hughes confirmed they would be narrow trenches. Thomas Hughes moved to approve this project. Rick Whaley seconded the motion.  The motion was unanimously approved.

 

 

11B) RDA:  Mass Highway, 105 Rabbit Rd. (Original 11/1/06)

 

Bob Boone appeared before the Board.  He stated this was originally filed and approved in 2002 but that they did not have the chance to go out and do the work.  He is trying to restore the wetland buffer area.  There is no change to the scope of work from the original filing. The DEP has allowed them to extend their time.  Thomas Hughes asked how much work will occur in the wetlands.  Mr. Boone said the DEP does not want them working in the wetlands and they are proposing to work in the buffer zone.  Thomas Hughes asked if flags were up and Mr. Boone said no.  Mr. Boone showed the plans and said the swale was well defined. Thomas Hughes asked when this was delineated and was told 2002.  Richard Whaley said they are looking for re-flagging near the basin, 20 feet on either side of the basin.  Mr. Boone said this was do-able.  Thomas Hughes said who ever goes on site should make sure the wetlands have not changed or the drainage patterns changed.  Mr. Boone said they would re-flag if necessary and re-shape the basin.  Thomas Hughes said they would like to have recent delineation. Thomas Hughes moved to continue 105 Rabbit Rd. to December 6, 2006 at 7:15 p.m., to have the wetlands re-flagged, to have the applicant notify the Agent when done, and the Commission will get back to him if they have any issues.  Iora Alexander seconds the motion.   The motion was unanimously approved.

 

 

 

 

 

 

 

 

  November 15, 2006  Page 7

 

12) NOI:  Richard Bourne, 412 North End Blvd. (Original 11/1/06)

 

Ward Wells represented the applicant. The project is to replace the applicant’s retaining wall which  was damaged and needs to be replaced.  He explained that at the last meeting this was continued as we were waiting for comments from the DEP.  He stated the applicant has a contractor ready now and the winter is coming.  The Agent said the DEP says this is under review. Rick Whaley asked if there was any way we could approve contingent upon a clean bill of health from the DEP.  Thomas Hughes stated a concern that if we close the Public Hearing then the applicant would have to re-notice.  Rick Whaley advised Mr. Wells to call Mr. Abell at the DEP.  Mr. Hughes moved to have the Agent call the Circuit Rider to see if we can get comments from the DEP.  Rick Whaley seconds the motion.  The motion was unanimously approved. Mr. Kevin Henderson, a town resident, asked why the Board was waiting.  Rick Whaley and Iora Alexander explained that we were waiting for DEP comments. Thomas Hughes explained that the Board reviews the project under town by-laws but also administers the state law under the DEP.  Thomas Hughes moved to Continue 412 North End Blvd. to December 6, 2006 at 7:15 p.m. while waiting for DEP comments.  Iora Alexander seconded the motion. The motion was unanimously approved.

 

 

F.  OLD NEW BUSINESS 

 

1) Request for CoC, Donald Wright, 10 Corporal Patten Way (lot 5)

                 

Iora Alexander did a site visit and reported that the work seems fine. The owners received a letter from their engineer stating everything was fine. Thomas Hughes asked if they have “As Built’ plans and was told yes. Thomas Hughes moves to issue a CoC to Don Wright, 10 Corporal Patten Way.  Rick Whaley seconds. The motion was unanimously approved.

 

 

G.  NEW BUSINESS 

 

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

 

David Capachietti appeared before the Board. Mr. Capachietti explained that his Order of Conditions is expiring in April 2007 and he is requesting an extension.  Mr. Hughes  asked what is not done.  Mr. Capachietti said the topcoat on the road, top coat on sidewalk,  and adding curbing. Thomas Hughes asked if this was additional curbing and was told yes.  Thomas Hughes moved to extend the Order of Condition for 1 year from April 5, 2007 for the purpose of completing the project and putting down hot top. Iora Alexander seconded the motion. The motion was unanimously approved.

 

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

 

David Capachietti appeared before the Board. Iora Alexander asked if there was a way to get onto the property and was told yes. Mr. Hughes asked if the applicant had “As Built” plans and if they were stamped and was told yes.   Iora Alexander will do the site visit. Thomas Hughes moved to continue 1 Garafalo Dr. to December 6, 2006 at 7:15 p.m.  so Iora Alexander can do the site visit.  Rick Whaley seconded the motion.  The motion was unanimously approved.

 

 

 

  November 15, 2006  Page 8

 

3). Request for CoC, Waldot Realty, 62 Elm St.

 

Thomas Hughes moved to continue 62 Elm St. to December 6, 2006 at 7:15 p.m.  so Michael Greene can do the site visit.  Iora Alexander seconded the motion.  The motion was unanimously approved.

 

 

4). Request for CoC, Charles Anderson, 168 Elm St.

 

Thomas Hughes moved to continue 168 Elm St. to December 6, 2006 at 7:15 p.m.  so Rick Whaley can do the site visit.  Rick Whaley seconded the motion.  Thomas Hughes asked if  there were “As Built”  and stamped plans and was told yes. The motion was unanimously approved.

 

 

 

               

 

 

H.  ENFORCEMENT ORDERS

 

All Enforcement Orders are Continued to December 6, 2006 at 7:15 p.m.

 

 

 

 

ADJOURNMENT

Michael Greene moved to adjourn.  Iora Alexander seconds.  The Motion was unanimously approved. The meeting adjourns at 9:47 p.m.

 

 

 

Approved: December 6, 2006