DECEMBER
6, 2006
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
A. PUBLIC
HEARING
NOI:
Chairman Whaley stated that this project was previously reviewed and was waiting to receive comments from CZM. Daniel Padien, Environmental Scientist for VHB, represented the applicant. Mr. Padien said he would like to review three things that have happened; that they have met with the DPW Director; that they have obtained written comments from CZM, and that they made minor modifications to the foundation from comments made during the site walk. Mr. Padien stated they are working on preparing written response to CZM’s letter. Mr. Hughes stated he just received the letter and that another member was just seeing the letter for the first time and they need time to go through the letter point by point. Mr. Whaley asked Mr. Padien how he would like to proceed.
Mr. Padien reviewed with the Board his proposed responses to CZM’s letter.
Project –specific comments 1. regarding open piles and elevation.
Mr.
Padien stated that the open pilings will be elevated at least two feet and in
three buildings, Pavilion East, Pavilion West, and the
December 6, 2006 Page 2
A. PUBLIC HEARING continued
Project –specific comments 2. regarding orientation of ramp.
Mr. Padien stated that for a short section there is a ramp 90o from how CZM would like to see it. Mr. Padien said they are making big improvements to the property and would like to leave this. He clarified for the Agent that it is not a solid wedge and that there is an opening under the ramp
Project –specific comments 3. regarding access way between Pavilion East and Pavilion West
Mr. Padien reviewed this on the plans with the Board. He stated there is pavement there now and it is the only area where they need pavement for emergency and routine access. Agent Rowden asked if it was a retaining wall or curb. Mr. Padien said it looks like a high curb. Thomas Hughes said he doe not see the need of a curb. Mr. Hughes stated it will function as a sea wall inhibiting the function of the dune. He asked if they could incorporate a sand burm. Thomas Cook said they could look into that. Mr. Padien stated it is important to consider the improvements to the beach and this is a small protection for the drainage system. Mr. Padien said they could build up sand and probably include snow fencing. Thomas Hughes asked if he was proposing less of a sea wall and was told a lot less. In response to the Agent’s question the connection, Mr. Padien said that they need the connection and have to consider emergency vehicles
Project –specific comments 4. regarding Elevator and Core Pits
Mr. Padien stated that the conceptual plan was revised and provided to CZM. He reviewed these on the plans with the Board. Mr. Padien said the elevator structures will have to extend to the sand. Rick Whaley asked if it was a single shaft and the project engineer said yes, that there would be three single shafts. Thomas Hughes asked about utilities and was told they are not planning major boxes. Thomas Hughes said it was important that the applicant address wave energy.
General comments
Mr.
Padien stated they have met with FEMA. He stated that Pavilion East and
Pavilion West will be at elevation 18 except for the ramps. Regarding erosion, the project engineer said
he has “As Built” plans from the 1970’s which show data points. Thomas Hughes
said the below grade parking is an issue. Mr. Hughes asked if they have met with the
DPW. Mr. Padien said they met with him.
The DPW Director asked them to improve the drainage on
to
December 6,
2006 Page 3
B. MINUTES
Iora Alexander moved to
approve the minutes of
Iora Alexander moved
to approve the minutes of
In discussion, Richard Whaley stated he will be absent from the meetings until next May.
The Chair declared a five minute Recess. The Chair declared the meeting back in session.
C. BUILDING PERMITS - None were presented.
D.
PUBLIC HEARINGS
1) NOI: Toler, LLC,
Robert Macys represented the applicant. Mr. Macys said the applicant withdrew and
re-submitted a new NOI per discussion at a previous meeting. Mr. Macys distributed and reviewed plans with
the Board including the commercial building, catch basin, parking, and fence. He stated he complies with the 25 foot no
disturb zone and the 40 foot no build zone. Mr. Hughes asked what the stone
structure near the entrance was. Mr.
Macy said it was a roadway with a grate to collect water. He said there is a
small section of stone as a safety from 110. Mr. Macys said there is a grate
across the driveway at the property line.
Mr. Hughes asked if any fill could cross over to the retaining wall. Mr. Macys said it will be pulled back. Thomas
Hughes moved to approve the project with the conditions that the drainage plan
is reviewed and signed off by Joe Serwatka; that if there are minor changes for
stormwater control they must be OKed by the Conservation Agent; that the
applicant must provide updated plans; that all fill must be pulled back to
behind the retaining wall; and that a silt fence line be established. Iora Alexander seconded the motion. The motion was unanimously approved.
2) NOI: Ron Poulin,
Brian Knowles of Apple represented the applicant. Mr. Knowles sent plans to Mr. Manuell as
requested by the Board. Mr. Knowles read
excerpt from Mr. Manuell letter. Mr.
Knowles reviewed changes to the plans with the Board. He stated that there is
over 1 to 1 replication. Thomas Hughes asked how close are the shrubs. Mr. Knowles said the shrubs have increased
over four times from the original proposal. Mr. Hughes asked if they are
sequence or random plant. Mr. Knowles
said random but reviewed with the Board. Iora Alexander mentioned that the
Board has previously discussed abutters and their flooding concerns. Mr.
Knowles presented a copy of a letter he sent to the abutters and said they were
apprehensive of signing the letter. Thomas Hughes asked what would be your action
if your neighbors get flooded. Brian Knowles said some light earth work. Mr.
Knowles said they plan to build according to plan and the Board can verify
prior to issuing a CoC. Thomas Hughes
moved to approve the project with the
conditions that the construction of drainage be overseen by on-site engineers;
that grade be surveyed; that on-site adjustments be made; and that the Board
will not issue a CoC if the drainage is not functioning properly. Iora Alexander seconded the motion. The motion was
unanimously approved. The Agent said the OoC cannot be issued until all bills
are paid. Mr. Knowles said he
understood.
December 6, 2006 Page 4
3) NOI: Waldot Realty,
Thomas Cook asked for a Continuance. He
stated the ANRAD was approved and they are re-configuring the NOI with a new wetland line. Thomas Hughes confirmed that he understood possible
Board attendance issues. Thomas Hughes moved to Continue Waldot Realty,
4) NOI: Mark Cardillo,
Paul Alunni represented the applicant.
Mr. Alunni stated he last appeared before the Board in early October. At that time, they were waiting for comments
from the Planning Board and to satisfy the comments from Natural Heritage. He
stated they received comments from the Planning Board and they are rotating the
parking and making other minor
adjustments. He stated Natural Heritage
wanted the existing marsh located and wanted a buffer for the bald eagles. Mr. Alluni spoke to them regarding the
wetland replication area specified by Mr. Manuell. Mr. Alluni said he wants one plan for
all. Mr. Hughes asked to see the
Planning Board comments and Natural Heritage comments, and he wants to see how
any changes impact the 25 foot zone.
Thomas Hughes moved to Continue Mark
Cardillo,
5) NOI: Ann Jones,
Lisa Pearson, Planning Director, spoke for this project. Ms. Pearson stated that the easement from Ann Jones was accepted at Town Meeting. Ms. Pearson said this is close to the existing Mass Electric easement. Ms. Pearson stated that the proposed trail stays close to an existing trail. She presented revised plans containing Erosion Control. In response to what type of wood would be used, Ms. Pearson said pressure treated but they would use what the Board recommends. Thomas Hughes asked if the DEP had questions. Agent Rowden said yes but they worked with Mary Rimmer and that Mike Abell is set. Thomas Hughes expressed a concern for the height of the foot bridge. Thomas Hughes asked if they were looking at putting in concrete and was told yes for the footings. Rick Whaley asked if they were proposing to use hay bales and Ms. Pearson said yes. Iora Alexander moved to accept the project contingent that they use hay bales or silt fence inspected by the Agent; that the minimum height be two feet for the intermittent opening; that all disturbed wetlands be corrected; and that the pressure treated wood be cured for twenty-one days. Rick Whaley seconded the motion. The motion was unanimously approved.
6) NOI:
Jack McEihinney, attorney for the applicant appeared before the Board.
He stated that an ANRAD was previously filed. He said that at the last meeting,
Mr. Hughes asked about the fill at the
site and the impact of that fill. He
stated that Mr. Quintal sent a letter addressing all the fill concerns. Mr.
Mackenley said they have filed with the Planning Board for Site Plan review. Mr. Quintal spoke for the applicant. He stated they met with Don Levesque with a
focus on grading at the site and impact of adding fill to this site. Mr. Quintal’s letter (
December 6, 2006 Page 5
D. PUBLIC HEARING 6) continued
Alexander asked if the Planning Board will ask Joe Serwatka to review. Agent Rowden said yes. Jack McEihinney said they would accept a condition that Joe Serwatka reviews. Iora Alexander moved that we approve provisioned that there is a report from Don Levesque; that Joe Serwatka is involved in the oversight; that the applicant test the soil confirming that the material that is brought in is clean (meets Engineering specifications), that reports be provided while going in; that there be construction monitoring, and that the Restoration work be monitored by a wetland Scientist. Thomas Hughes seconds. The motion was unanimously approved.
7) NOI: Eileen Green,
Jeffrey
Kucukistipanoglu of Apple represented the applicant. Mr. Kucukistipanoglu said that previously issues with the wetland flags and
status of the stream were mentioned. He presented a
document from Eileen Green signed by her neighbors stating that the
stream is dry throughout the majority of the year. Agent Rowden stated that anything to be
distributed to the Board should be brought to Town Hall. In a response to a question from Tom Hughes,
Agent Rowden said that we have advice from Bill Manuell that the stream has
been observed dry but we do not have pictures.
Mr. Kucukistipanoglu said that an ORAD from 2002 stated the stream is
intermittent, and that Michael Seekamp observed the stream dry, and there is the
letter from the applicant. Mr. Hughes asked for a recap of the project. Mr.
Kucukistipanoglu complied using the plans. Thomas Hughes asked if they could
take pictures of the dry stream. Mr.
Kucukistipanoglu said the applicant is scheduled to go before the Board
of Health. Thomas Hughes said approval would
be contingent upon photos. Eileen Green
said all neighbors agree that it is
intermittent. Thomas Hughes said
the applicant needed photos and construction could not begin until photos submitted. Thomas Hughes moved to approve contingent that
prior to construction photos consistent with documentation for the Wetland
Protection Act to determine intermittent streams be submitted to the satisfaction of the conservation Agent in accordance with DEP intermittent from
perennial streams. Iora Alexander
seconds. The motion was unanimously approved.
9) ANRAD: Allan Jarvis,
Jeffrey Kucukistipanoglu of Apple represented the
applicant. He stated that when he last spoke this project
needed the review engineer’s agreement to allow the Board to determine if the plans were in accordance
with the reviewer’s findings. Jeffrey Kucukistipanoglu refers the Board to the November 27th letter from William Manuell. Agent Rowden said
that Mr. Manuell only reviewed the new wetland line. Thomas Hughes moved to approve the current
wetland line (excluding the wetland lines approved previously) with the
condition that prior to releasing the
approval the applicant will pay for the
Wetland Reviewer. Iora Alexander seconds
the motion. The motion was unanimously approved.
December 6, 2006 Page 6
10) RDA:
Robert Boone, Environmental Engineer, appeared before the Board. He distributed revised plans to the Board. He stated he was able to delineate the area in front of the detention basin, the swale, and behind the sand piles. He asked to turn the detention basin. Thomas Hughes moved to issue a Negative Determination provided the applicant provides a plan showing the rotated detention basin 90 degrees, and as long as the changes are OKed by the Conservation Agent. Iora Alexander seconds the motion. The motion was unanimously approved.
11) NOI: Richard Bourne,
Ward Wells represented the applicant. Mr. Wells said at the last meeting there was concern about satisfying the DEP comments. Mr. Wells has been in touch, as suggested, with Mike Abell of the DEP. Mr. Wells said he submitted documentation that the retaining wall was in place prior to 1983 and even in place in 1969, and that Mr. Abell has no concerns. Agent Rowden confirmed the information. Thomas Hughes moved to approve this project. The Board is approving this project because the applicant was able to meet DEP documentation standards by providing previous plans as far back as 1969 proving that the detaining wall was in place at that time. Iora Alexander seconds the motion. The motion was unanimously approved.
12) NOI: Salvatore Ferrandi,
Jeffrey Kucukistipanoglu of Apple represented the
applicant. He reviewed the existing
property which is on ¾ acre of land which is relatively flat, which has four
building on the property, two containers
at the rear, and a sewer pump house with the Board. He stated that a portion of one of the
existing buildings and container are within the 40 foot no build zone. Mr. Kucukistipanoglu said the wetlands were
delineated in 2005. He said it is Class D soil.
Per Mr. Kucukistipanoglu the new building will be three stories housing
six units. He reviewed the plan of the proposed building with the Board, reviewed the pavers they will use, he showed
the overhang roof, and said they are proposing a 1,000 gallon septic tank. Mr. Kucukistipanoglu reviewed the proposed
drainage with the Board, the slightly pitched roof, the eight down spouts, the proposed
storm tec chambers, the trench drains, and the detention basin. He said they have 82% TSS removal. He
reviewed the plants, and showed the snow storage area on the plan. Mr. Kucukistipanoglu said the proposed
dumpster will be on a concrete pad with
fence and he is adding lighting. Mr.
Kucukistipanoglu said he spoke with Mike Abell who wanted liners added and that
Mr. Abell has a concern with there being
no soil testing. Mr. Kucukistipanoglu
said he met with the Town Planner and Assistant and will be adding
pavement markings, rock wall, adding a
label showing snow storage, and will file a plan of land to show the
properties can be combined. Thomas
Hughes questioned the plantings. Mr.
Kucukistipanoglu showed where the
Junipers would be going in on the plans.
Mr. Hughes said they would want to see more variety of plantings. Mr. Kucukistipanoglu said they would. Thomas
Hughes asked if the drainage was being reviewed and said to have Joe Serwatka
look at the run-off. Thomas Hughes moved to Continue
December 6, 2006 Page 7
13) NOI: Shirley & Andrew Shea,
Ron Laffely represented the applicant. He reviewed the certified plan by Millennium with the Board. The applicant will be removing triangular windows and putting in double hung windows, and changing a three season room to a Solarium. They will remove sonar tubes and replace with concrete piers in the same location. He presented a site line analysis to the Board. Ron Laffely reviewed phase two changes when the applicant will stabilize for the winter, replace the railing with maintenance free material and re-side. These activities are planned for next fall. Rick Whaley asked what the skirting was and Mr. Laffely said it is all open. Iora Alexander questioned how much digging would be done and asked how many post holes are coming out. Mr. Laffely said the digging would be done by hand and three post holes would be removed. Thomas Hughes asked if the porch was coming out and was told it is staying. Iora Alexander questioned the distance on the south side and was told eleven inches. Rick Whaley asked if there was a fence. Mr. Laffely said there is a small timber retaining wall which is basically all sand. Rick Whaley asked if the stairs will extend beyond the four season room. Mr. Laffely said they are not changing the location. Rick Whaley asked if any neighbors had comments. Art Fraska, an abutter directly to the North came forward. Mr. Fraska mentioned notice concerns, visibility concerns, and presented pictures on the existing line of sight. Thomas Hughes discussed pictures with Ron Laffely and the abutters. The abutters also voiced concerns over privacy. Rick Whaley explained to the abutters that it is the Board’s job to see how the wetland resources are impacted. Thomas Hughes said nothing shows the applicant going further out. Thomas Hughes moved to approve the project as proposed. Iora Alexander seconds. Thomas Hughes questioned that they have stamped drawings and was told yes. The motion was unanimously approved.
The Chair declared a five minute Recess. The Chair declared the meeting back in session.
21) Wetland Regulations
Thomas Hughes moved to take the Wetland Regulations Out of Order for the purpose of continuing it. Iora Alexander seconded the motion. The motion was unanimously approved.
Thomas Hughes moved to Continue the Wetland Regulations to
14) Town Bylaw: DECM,
Buzz Coulliard appeared before the Board. He said this was advertised and the purpose
was to change the location of the house on
December 6, 2006 Page 8
15) RDA: Scott Orlosk,
Scott Orlosk appeared before the Board. He stated he was
asked to come before the Commission last
August regarding an Enforcement Order. He said the fence has been replaced. He
stated he is looking to remedy what is there. He is proposing a stairway with
no accruements. He confirmed that there would be no deck. Thomas Hughes said the stairs are not in
compliance and should be remedied under an Enforcement Order. Thomas Hughes recommended that Mr. Orlosk withdraw the RDA. Thomas Hughes moved to issue an Enforcement
Order for 428 North End Boulevard
requiring the existing walkway and platform be removed and replaced with an
elevated walkway at least 2 feet to the lowest structural member above the
height of the dune, approximately 3 1/2 feet wide in accordance with guidance issued
by the DEP. The specific plan is to be submitted to the Conservation Agent to meet her satisfaction and the work is to
be completed by
16) RDA: Scott Orlosk,
Scott Orlosk appeared before the Board. He stated that he purchased the property in
May and only afterward learned he had an open Enforcement Order for the
driveway. He explained that when the
seller made previous renovations, the
contractor paved over an existing driveway. Jeff Smith, the previous owner, was present and concurred. Thomas Hughes asked
when the driveway was covered with sand. He asked when was the present hot top was installed
and was told six years ago. Jeff Smith
said when the contractor dug into the sand to do the utilities he found hot
top. Thomas Hughes asked if he put in a new base. Jeff Smith said no. Thomas Hughes recommended having
a drill-down (boring) done. Rick Whaley asked if we could look at previous
aerial photographs. Iora Alexander said
boring will eliminate any questions. Kevin Henderson asked if the By-law
allowed 60% hot top at the time and was told no. Thomas Hughes said dated
aerial photography is best evidence. Jeff
Smith said he is willing get borings.
Ron Laffely said an NOI was issued for that property approximately 12
years ago. Rick Whaley said the Board wants to be sure it treats everybody the
same. Thomas Hughes moved to Continue 428 N. End
Blvd to
17) RDA: Thomas Leonard,
Mr. Leonard appeared before the Board for two issues. 1) He is looking for guidance and suggestions
for a stairway over the dune. Mr. Hughes said the suggested guidance is that it
be 3 1/2 feet wide, 2 1/2 feet up to the lowest structural member, and the
boards should be about an inch apart.
Thomas Hughes advised the applicant he needed an NOI for this
request. Ron Laffely will give a generic
set of plans to the Agent. Thomas Hughes moved to issue a positive finding for
the RDA. Iora Alexander seconded the
motion. The
motion was unanimously approved
December 6, 2006 Page 9
D) PUBLIC HEARINGS 17) continued
2) Mr. Leonard showed pictures and asked for advice as he would like to extend the permeable pavers on the side of his house. Mr. Hughes said the permeable pavers are allowed only to the corner of the house. Mr. Hughes said Jason Letterer suggested Mr. Boardwalk or roll-out boardwalks. Mr. Hughes suggested Mr. Leonard include this in his NOI and told him to talk to the Agent. Mr. Leonard asked if he could put in 4 x 6 boards and was told no. Rick Whaley stated that the side of the house is over dune. Mr. Hughes asked the Agent to talk to the DEP and let Mr. Leonard know what is OK on the side of the house.
An abutter from 424 No. End Boulevard asked to be heard. He expressed concern with what was happening to the sand dune, he has a concern over losing his view, he has a concern that the deck goes out further than before, concern with the fence, and that the house is out into the sand dune. Mr. Hughes said that when the board gets to the CoC and sees “As built” plans the OoC will show the location of the house as to what was approved. Rick Whaley explained to the abutter that the Board enforces the Wetland Protection Act. Thomas Hughes said Mr. Leonard has to file an NOI, publish, and the Board will evaluate in accordance with the law. The Abutter again stated his grave concern over the fence. Rick Whaley said the Board will have to look at Mr. Leonard’s permit.
18) NOI: Choquette & Carter,
Mr. Laffely represented the applicant.
He showed photos of the existing conditions. Mr. Laffely stared the plan
is to remove all man made structures including the asphalt and replace with a
two family home on piles. He reviewed the plans with the Board. There will be a
reservoir for water. Mr. Laffely said
this meets zoning setbacks. The Agent questioned the height and Mr. Laffely
stated he is going before the Zoning Board for a variance to have this be 41
feet ipo 35 feet high. Ron Laffely said the applicant will be combining two
lots. Rick Whaley asked if it would be a duplex and was told yes. Mr. Laffely
said the parking will be a 50/50 mix of pea stone and stone dust. Thomas Hughes
asked how high and was told above elevation 10. Mr. Hughes asked if the trash storage would be
at the ground and Mr. Laffely said it would be elevated. Iora
Alexander questioned the placement of the front door and was told
19) NOI: Shaun Neary,
Matt Steinel represented the applicant. He stated this is a large lot with an
existing mobile home. Mr. Steinel said
the plan is to remove the mobile home and build a new home with an attached
garage. They plan to leave the attached shed. He reviewed the plans with the
Board. The will have underground water. Mr.
Steinel said that today the applicant has a septic system but plans to tie into
the sewer system and so will have temporary connection to the sewer. The applicants will live in the mobile home
during construction. Thomas Hughes asked for the timeline to remove the mobile
home. Thomas Hughes moved to approve the project contingent that the mobile
home is connected to the sewer system prior to construction, and that upon
completion the mobile home be removed within six month of the Certificate of Completion. Iora Alexander seconded. The motion was
unanimously approved.
December 6, 2006 Page 10
20) NOI: William Lajoie,
Ron Laffely represented the applicant. He said the applicant wishes to bring this into compliance. He reviewed the plans and photos with the Board. He stated the structure will touch the ground in the back of the house onto the gravel driveway. Thomas Hughes asked the distance to the marsh. Mr. Laffely said he guessed 1,000 feet. Thomas Hughes confirmed that only the stairs are coming down to the ground. Thomas Hughes asked if this change made a 50% difference. Ron Laffely said he met with the building inspector this morning and the answer was no. Thomas Hughes move to approve the project. Iora Alexander seconded. The motion was unanimously approved.
CoC – Moved
from the Table
Rick Whaley moved to take the CoC for Ray Champagne,
Mr. Whaley said he visited the site and recommends the CoC. Thomas Hughes moved to issue the CoC. Iora Alexander seconds the motion. The motion was unanimously approved.
E.
OLD NEW BUSINESS
1) Request for CoC, TD Real Estate,
Iora Alexander did a site review. Iora Alexander moved to
issue a CoC for
2) Request for CoC, Waldot
Realty,
Michael Greene did a site review. Michael Greene moved to
issue a CoC for
3) Request for CoC, Charles
Anderson,
Richard Whaley visited the site and recommended issuing a
CoC. Thomas Hughes moved to issue a CoC for
F.
NEW BUSINESS
1) Wetland Line Change, DPW Realty,
Thomas Cook of DPW appeared before the Board. He stated that they submitted a NOI and
the DEP appealed the wetland line. He
met with Mike Abell on site. Mr. Cook explained that their consultant
delineated the wetlands using the three parameter approach. The DEP wanted
different criteria used and wanted the Disturbed Soil Criteria line used. Mr. Cook said new Plans have been
submitted. Mike Abell is issuing a
letter of affirmation. Thomas Hughes move to accept the revised plans dated
December 6, 2006 Page 11
G. ENFORCEMENT
ORDERS- Not discussed.
ADJOURNMENT
Thomas Hughes moved to adjourn after signing all forms.
Michael Greene seconds. The Motion was unanimously approved. The
meeting adjourns at
Approved: February 7, 2007