Salisbury Planning Board Minutes

Public Hearings and Regular Meeting

Wednesday, July 14, 2004

7:00 p.m.

Members Present: Chairman Harold Congdon, Jack Christian, Larry Cuddire, Ron Christ, Don Egan, and Alternate member Bob Straubel.

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

Chairman Congdon opens the meeting at 7:04 p.m.

1. New Business

a. Reorganization of the Board

Motion by Larry Cuddire to appoint Jack Christian as Chairman. Don Egan seconds the motion.

Motion by Ron Christ to appoint Harold Congdon as chairman. Motion fails for lack of second.

Vote on preceding motion: Christian, Cuddire, Egan vote in favor. Congdon, and Christ opposed. Motion passes.

Motion by Jack Christian to appoint Larry Cuddire as vice chairman. Don Egan seconds the motion. Christian, Cuddire and Egan in favor. Congdon and Christ opposed. Motion carries.

Motion by Larry Cuddire to appoint Bob Straubel as clerk. Jack Christian seconds the motion. Harold Congdon asks if Straubel can even be appointed because he is the alternate member. Christian and Pearson discuss the issue. Vote on the motion: Christian, Cuddire, and Egan vote in favor. Congdon and Christ opposed. Motion carries.

b. Approval of Minutes of 5/26, 6/23/04

Motion by Harold Congdon to approve the minutes of 5/26/04. Christ seconds the motion. Cuddire and Egan abstain from voting. Christ, Christian, Congdon and Straubel in favor. None opposed. Motion passes.

Secretary O’Leary offers to send the 6/23/04 minutes via email so that corrections can be made prior to the board’s July 28 meeting.

c. Paonessa – Elizabeth Drive – 75-77 Folly Mill Road

Planning Director Lisa Pearson mentions that Don Levesque is planning on attending this meeting to update the board. Harold Congdon explains what has been done in the past. Don Levesque, Dept. of Public Works director, arrives and explains that he has met with the developer and discussed the possibility of placing a culvert to divert some of the water. It would be a two-phase project.

d. Palis Drive

Don Levesque needs right of entry forms from the neighbors before they are allowed to access the properties. They are proposing some slight surveying, a catch basin, and some changes in topo around the backside of some of the lots. Palis is OK with the installation of the drain, but he wants the neighbors to help pay the cost. Palis doesn’t want to pay Millenium for plans, but the Town still holds some bond money that could be used to pay for it.

Motion by Larry Cuddire for the planner to draft a letter outlining the time frame for work to begin and be completed on Palis Drive. This letter should be sent to Palis with a description of work to be completed. Ron Christ seconds the motion. Vote is unanimously affirmative. Motion passes.

e. Fogg – Linda Lane – Bond Reduction Request

Don Levesque recommends that the bond be reduced to $150,000.00 due to the fact that the binder coat has not been down for a one-year’s cycle yet.

Motion by Ron Christ to reduce the bond to $50,000.00. Congdon seconds it for discussion. Christ feels the developer’s track record is good and the bond should be reduced accordingly. Egan feels that the developer’s track record was probably taken into account when the bond was set – the bond is there to protect the town and he feels they should rely on Levesque's recommendation. Vote on the motion: Congdon abstains. Christ in favor. Christian, Cuddire, and Egan are opposed. Motion fails.

Motion by Congdon to reduce the bond to $100,000.00. Christ seconds the motion. Vote on the motion: Christ abstains, Congdon and Christian in favor. Egan and Cuddire opposed. Motion fails.

Motion by Christ to reduce the bond to $75,000.00. Motion fails for lack of a second.

Motion by Don Egan to reduce the bond to $150,000.00 per the recommendation of the Public Works Director. Cuddire seconds the motion. Christian, Cuddire, and Egan are in favor. Christ and Congdon are opposed. Motion passes.

f. Peredna – CCC Road

Pearson updates the board. Mr. Peredna still has some outstanding issues that need to be completed – he has asked to be placed on the next planning board agenda.

g. Municipal Mapping

Pearson will update the board after the Public hearings.

Chairman Christian asks the applicants for the Phoenix Site Plan Review for permission to open their Public Hearing after discussing the next item on the agenda. The applicant gives his verbal permission to delay the opening of the public hearing.

h. MaCance Way

Pearson explains that there was no bond posted for the completion of this roadway and they should have a $20,000.00 bond in place. The developer has agreed to make necessary changes in the road grade.

2. 7:30 P.M. Public Hearings

a. Site Plan Review – Phoenix – 57 & 63 Railroad Avenue

Andrew Gmelch, Phoenix Development, explains that they6 are proposing to demolish all 4 structures on the site and construct one building with eight units. Congdon asks that he notes that applicant has requested a waiver of showing water and sewer connections, he asks the applicant why. Gmelch didn’t have the information and didn’t think it was necessary. Congdon feels that the plan is incomplete.

Other members mention inadequacies – incomplete application, the height of the building. Cuddire goes through a list of requirements that have not been met.

Egan asks the applicant how the proposal addresses architectural requirements for mass and size. Gmelch mentions that Ken Woods, the architect, has worked on other jobs in Salisbury. Egan states that the bylaw has an architectural requirement that the scale of the building be appropriate to the area. Gmelch feels that because they are in the commercial zone and they are allowed 90% coverage that the site warrants the size they have proposed. Egan knows that the building size is allowed in the district, but wants to know how the building is architecturally appropriate, as mandated in the bylaw. Gmelch answers that there are several big buildings in the area, in fact the direct abutters are presently looking to demolish the existing buildings on their site and erect a large building also. Egan asks questions regarding parking. The by-law states that parking should be located to the rear of side of the building. Egan asks if they have considered Libby Avenue as an entrance to parking. Libby Ave is not a feasible entrance. Egan believes that a full curb cut in front of this lot will reduce the function of the sidewalk.

Nicole Stevens, 62 Railroad Ave., feels that the condos are being built everywhere too fast. She lives in the area and she couldn’t find parking anywhere.

Congdon wants to know where the town stands with the sewer grant – he would like to know if these condos are in violation of the grant.

Anthony Tucelli, Vermont Street, feels that there are too many units. He feels that 6 units would be enough.

Motion by Congdon to continue the Public Hearing to the next meeting to give the applicant time to finish the checklist and drawings. Cuddire seconds the motion. Vote is unanimously affirmative.

Motion by Congdon to deny applicants request to waive the water and sewer plan requirements. Cuddire seconds the motion. Christ, Cuddire, Congdon are in favor. Egan is opposed. Motion passes.

b. (Continued) Site Plan Review – Kennedy – 55 Railroad Avenue

Robert Ciampitti, an attorney in Newburyport, is the applicant for 55 Railroad Avenue. Pearson asks that he give a complete overview for the new Planning Board members. Pearson clarifies for the new members, that they will be able to vote on this matter.

Chairman Christian calls a 5-minute recess.

Ciampitti describes the scope of work. They will be demolishing the existing structures and using steel pilings. He gives a complete review of the proposed site improvements.

Christ feels that the pilings proposed will not support the building.

Cuddire asks about the sidewalk. Ciampitti answers that they will repair it – Pearson suggest that if they plan on doing any work on the sidewalk, that they speak with Don Levesque first.

Egan asks questions regarding how the application adheres to the regulations specified in the site plan review guidelines included in the town’s zoning by laws. Specifically he questions the applicant on parking and architectural compatibility with the surrounding neighborhood. Ciampitti calls the building style “Craftsman, with Georgian and Federalist details”. Egan asks the applicant if they would consider improving the sidewalk on the vacant lot next door.

Motion by Harold Congdon to approve the site plan as submitted. Seconded by Ron Christ.

Amendment #1: Motion by Larry Cuddire to have Joe Serwatka, the planning board’s engineering consultant, review the storm water plan, the elevations, and the parking. Seconded by Don Egan for discussion.

Egan feels that the mass of the building is excessive in relation to the neighborhood, the parking is not consistent with the bylaws, and that it would be inappropriate for the board to let this development go forward.

Amendment #2: Motion by Don Egan that the applicant, as a condition of approval, be required to curb and sidewalk the vacant lot which abuts 55 Railroad Avenue, in a manner approved by the Salisbury Department of Public Works director. Seconded by Larry Cuddire.

Vote on Amendment #2: Vote is unanimously affirmative. Motion passes.

Vote on Amendment #1: Ron Christ, Jack Christian, and Larry Cuddire, Don Egan vote in favor. Harold Congdon is opposed. Motion passes.

Vote on the original motion as amended: Ron Christ, Jack Christian, Larry Cuddire, Harold Congdon in favor. Don Egan opposed. Motion passes.

3. Other Business

a. Municipal Mapping

Pearson asks the Board to adopt the municipal mapping requirement.

Motion by Cuddire to adopt the municipal mapping requirement. Egan seconds the motion. Christ and Congdon abstain from voting. Christian, Cuddire, and Egan are in favor. None opposed. Motion carries.

4. Correspondence

Chairman Christian reads incoming planning board mail. The board signs approval letters.

Motion by Christian to have the members pick up their planning board packets at town hall. Christ seconds the motion. Vote is unanimously affirmative.

5. Adjournment

Motion by Congdon to adjourn. Cuddire seconds the motion. Vote is unanimously affirmative.

Meeting is adjourned at 8:45 p.m.

Approved by:_____________________________Date:_________________