Salisbury Planning Board Minutes

Public Hearings and Regular Meeting

Wednesday,April 14 March 24, 2004

7:00 p.m.

 

 

 

Members Present: Chairman Harold Congdon, Clerk Fred Bishop, Ron Christ, Bill Selig, and Ed Ciaraldi.

 

Also Present:  Town Planner Lisa Pearson, secretary Katrina O’Leary

 

Chairman Congdon opens the meeting at 7:08 p.m.

 

1.  New Business

 

a. Robert, Tom, and Susan Richardson – 75-77 Folly Mill road

 

The Richardson’s explain that they still have problems with headlights traveling up the whole length of Elizabeth Lane lighting up their living room and kitchen.  They feel blinded.  The board and the Richardson’s discuss options for alleviating the problem.  Matt Stagnall, an engineer for Millenium is present at the meeting for another agenda item.  The chairman asks him if he has a copy of Paonessa’s plan.  He doesn’t, but can get one for the next meeting if they want to discuss the Elizabeth Lane Subdivision Plan.  The Board discusses shifting the layout 5 more feet than it has already been shifted, making a total of 10 feet.

 

Motion by Ciaraldi to request that the Building Inspector not issue any more building permits on Elizabeth lane until the headlight issue can be resolved to the satisfaction of the Board.  Christ seconds.  Congdon offers an amendment that a copy of the letter to the building inspector is sent to the Board of Selectmen and the Town Manager, and the Health Inspector.  Ciaraldi accepts the amendment.  Vote is unanimously affirmative.

 

Susan Richardson then explains that they have been having drainage problems as a result of the subdivision.  It bubbles up in their yard.  She has spent much money pumping out their septic system.  The Board discusses the drainage problems.  Don Levesque has tried to solve the problems, but the Richardson’s did not agree with his proposal.

 

Motion by Ciaraldi to request that the drainage issue be included in the letter to the building inspector.  Christ seconds the motion.  Vote is unanimously affirmative.

 

 

2.  Public Hearings

 

a.  Continued - Definitive Subdivision Plan - 34 Forest Road - H & M

 

The Chairman explains that at the board’s last meeting, they tabled action on this subdivision so that they could request a legal opinion from the town counsel.  Since that time, they have talked with the building inspector about this issue.  He told them that he got a verbal opinion from one of the town’s attorney’s that the subdivision was legal.  The town manager then asked town counsel for a formal opinion on the matter, in writing.  Although there is not yet a written opinion, the town manager has talked with the attorney’s at Kopelman and Page, and two attorneys’ there have different opinions on the legality of the subdivision.

 

The chairman then goes through the list of waiver requests – the developer is asking for waivers of sidewalks, pavement width, turnarounds, granite curbing, monuments, and pavement and gravel thickness. 

 

Bishop is concerned with water run off from the driveway to Forest Street.

 

The chairman reads a letter from Don Levesque regarding the street name and keeping drainage on site.

 

Chairman Congdon asks if any abutters would like to speak.

 

Mark McClellan – 34 Forest Road – he feels that if the board referred the issue of legality to town counsel, he’d like to see town counsel’s opinion in writing – as public information.  He has seen no written proof that this subdivision illegally viable, but he has seen proof that it is not legal.

 

Neil Harrington, town manager, is now present at the meeting.  Chairman Congdon asks him to speak on the issue.  First, he thanks the Board for putting time into studying this subdivision in depth.  He has asked the town counsel for an opinion – there seems to be a disagreement between two attorney’s at Kopelman and Page – they are going to ask the landuse attorney at Kopelman and Page to issue an opinion, which will be the final opinion.  Harrington tells the Planning Board that they can either table action and wait for the opinion in writing, or vote tonight.  Congdon checks the Board’s timetable – the Board has until June 23 to act on this subdivision.  Harrington mentions that if there are many aggrieved abutters, it might be prudent to get an opinion in writing.

 

Selig mentions that he has been on the board for three years, and in that time the building inspector has never led the Planning board down the wrong path.  Chairman Congdon then asks Mr. McLellan if he has any other reasons for not wanting the subdivision.  McLellan asks that the Board make the developer adhere to the town’s subdivision rules and regulations.  Congdon answers that the town does not want a big road because the town does not want to maintain it.

 

Linda Oliver, direct abutter, asks if the pole will be relocated – M. Wolpert answers that it will have to be approved by the Board of Selectmen.  Wolpert will grant a permanent easement for the driveway.

Barbara Dyer, 42 Forest Road, is concerned with drainage.  She discusses her concerns with the Board.

 

John Trelfer, 34 Forest Road, wants Mike Wolpert’s property reassessed so that he doesn’t keep getting the tax bills for it (he sold the lot to Wolpert).

 

Mike Wolpert mentions that if the Planning Board waits for this opinion, and table action, they might as well pay $5,000.00 to pay 27 lawyers for all their opinions.

 

Bishop asks if they have received a letter from Ken Surrette on this issue.

 

Motion by Selig to accept the plan as presented with an easement on the driveway.  Bishop seconds with the amendment that the planning board receives a letter from the building inspector on the issue of the legality of the subdivision.  Selig accepts the amendment.  Vote is unanimously affirmative.

 

Congdon steps down from the chair to offer this amendment to the preceding motion:

 

Motion by Congdon to put a swale behind the proposed dwelling to carry away any overflow.  Christ seconds.  Vote is unanimously affirmative.

 

Motion by Christ to accept the new street name: Morgan Avenue.  Selig seconds.  Vote is unanimously affirmative.

 

 

1. b. Kevin Corbin - 28 Mudnock Road - discussion on accessory apartment

 

The board discusses Mr. Corbin’s accessory apartment.  Selig asks if it is on sewer.  Congdon asks if there are any other multifamily homes in the neighborhood.  Corbin answers in the affirmative. 

 

Motion by Selig to recommend approval of the accessory apartment at 28 Mudnock Road to the Board of Appeals.  Bishop seconds.  Vote is unanimously affirmative.

 

 

1.c..Form A – Tom and Elizabeth O’Hara – Old County Road

 

The Board discusses the plan of land.

 

Motion by Ciaraldi to endorse the plan as one not requiring approval under the subdivision control law.  Christ seconds the motion.  Vote is unanimously affirmative.

 

1.d.  Form A – Thomas J. Burke – 5th Street West

 

The Board discusses the plan of land.

 

Motion by Selig to endorse the plan as one not requiring approval under the subdivision control law.  Christ seconds.  Vote is unanimously affirmative.

 

 

3.  Old Business

 

a.  Congdon tells the other Board members that he attended a meeting with the MBTA, Army Corps of Engineers to resolve the Mudnock Road floodgate situation.  The MBTA agreed to put the floodgate back in working condition as long as the town will maintain it in the future.

 

b.  Palis Drive Flooding Problems

Eugene Dean, 8 palis Drive, Jim haggerty, 10 palis Drive, Chad McDougall, 11 Palis Drive, and Mark Kaufer, 13 palis Drive – all appear before the Board to ask that they help in resolving the flooding problems in their subdivision.  The chairman feels the Board needs to discuss these problems with Don Levesque and determine if the Board should revoke his bond or not.  The owners present state that Mike Palis did all the grading on all the properties, that they know of.

 

Motion by Bishop to send a letter to the Building Inspector, the Town Manager, and Don Levesque, asking them to meet with the Planning Board chairman regarding the possibility of taking Mike Palis’ bond to complete the palis Drive Subdivision.  Christ seconds the motion.  Vote is unanimously affirmative.

 

 

c. Salisbury Inn

 

Mike Wolpert, representing his dad, Harold Wolpert, asks for a waiver of the Site Plan Review Public Hearing for the addition he wants to put on his building at197 Beach Road.

 

Bishop motions to approve the waiver of Site Plan Review Public Hearing for the proposed addition at 197 Beach Road.  Selig seconds the motion.

 

Mary Cuddire asks the chairman if they can vote on something if it isn’t on the agenda.

 

Motion by Selig to put this site plan review item on this agenda.  Christ seconds.  Vote is unanimously affirmative.

 

Chairman Congdon asks for a vote on Bishop’s previous motion to waive the Site Plan Review Public Hearing.  Vote is unanimously affirmative.

 

 

d.  Sign-Off procedure

 

Secretary Katrina O’Leary asks the chairman for some direction in creating a sign off procedure for all plans that are submitted to the Planning Board.

 

Chairman Congdon wants all Form C, site plans, and special Permit plans to have a sign off block right on the cover sheet for the Health Department, Assessor’s Office, Building Inspector, the DPW director, the Fire Department, the Police Department, and the town planner.  Before the plans are submitted to the Board, the applicant must get all the signatures of the various boards.  There also should be some explanation to the dept. heads that they may offer input on the plan to the Board.

 

 

4.  Correspondence

 

Bishop shares his experiences on 4/4/04 with the other Board members.  He explains that he was going by galligan’s Annex and saw a man on a machine grading a driveway.  Bishop gave him his card and told him he needed to go to Town hall and file a Site Plan Review application.  The man became a bit angry.  At home, Bishop took a call from Mr. Galligan – he explained that his son was just filling potholes, and that he could become angry easily.  Bishop explains that he stopped by because the Shorts and Downs had just spent thousands of dollars on site Plan Review, and their properties were in close proximity to Galligan’s.  Bishop wants to know what course the Planning Board wants to take on this matter.  Chairman Congdon feels that the Planning Board needs to address what is going to go through the site plan review process, and what isn’t.

 

 

5.  Approval of Minutes

 

The Board accepts the minutes of the planning board meetings on 1/28/04, 2/11/04, 2/25/04, 3/10/04, and 3/24/04 as amended. (3/10/04 and 3/24/04 need changes, then they will be signed by the chairman)

 

 

6.  Other Business

 

Bishop and Selig feel that the town clerk’s seal is being misused.  Bishop mentions for those present that it is highly illegal for anyone but the town clerk and the parking clerk to use the town clerk’s stamp.  Bishop also mentions that at the last meeting he made a motion that the agenda be posted at 7:00 the Monday before the meeting to give people adequate time to be put on the board’s agenda.  He feels that the Board’s motions are being ignored.  O’Leary tells Bishop that she is making an effort to post the agenda at the last possible moment – and the agenda can be modified up until 7:00 pm even if it is posted earlier in the day.  Bishop wants the agenda posted no earlier than 6:55 p.m. on Monday nights. 

 

Motion by Selig to send a letter to the town clerk, requesting that whomever stamps town business, must initial the stamp also.  This will ensure that there is no illegal stamping taking place.  Bishop seconds the motion.  Vote is unanimously affirmative.

 

 

6.  Adjournment

 

Motion by Christ to adjourn.  Ciaraldi seconds.  Vote is unanimously affirmative.

 

 

Meeting is adjourned at 9:40 p.m.

 

 

 

 

 

 

 

 

 

 

Approved:________________________________Date:_____________________