Town of Salisbury

Planning Board Meeting Minutes

September 22, 2004

7:00 p.m.

 

Present:  Jack Christian, Larry Cuddire, Ron Christ, Bob Strubel, Harold Condon.

Also Present  Lisa Pearson, Planning Director and Pat Banfield, Secretary

 

New Business:

 

1.  Palis Drive Update:

 

Eric Botterman, Millennium Engineering,  stated he had four problem areas to be reviewed  before the board.

1)      Behind lots 6 & 7 water ponding, elevation 98, 97.  Recommends regrading back of lots to alleviate standing water.

2)      Detention pond over design, right elevation. Removal of 16 trees or leave as is, no negative impact.

3)      Gene Dean’s property install a 12” drainage pipe along low point 101.5 water feeds down, minor regrading, 72 foot pipe will go along the edge of property line and will remove standing water. Mr. Dean is part owner of subdivision.

 

Comment: Matt Palis stated if Dean’s back yard was graded properly, water problem would be resolved.  Board to send letter, but first run by Concom.

 

M. Palis also states that he does not believe that he is responsible for the cost of the drainage onto Mr. Dean’s property but is willing to pay for half of the drainage change.

 

Mr. Dean will need to be consulted with to discuss the plan since neither Mr.  Dean Sr. or Jr. are present.

 

 

4)       Lots 9 & 10 existing grade no solution at this time.  Original contour goes from 103 to 101 on site plan.

 

Abutters are concerned about area behind lots 3, 4, and 5.  E. Botterman states that they were not asked to look at that.  L. Pearson questions the area behind Lot 9.  It was her understanding that lot was a lot lower then was originally approved in the subdivision.  She thought that the water issue there was high water table.  Why is there nothing proposed.  E. Botterman states that there is nothing proposed for that are at this time.

 

L. Pearson is also questions the Detention pond.  E. Botterman states that he does not believe that it is necessary to bring the detention pond down to the original grade, it would remove a number of trees and is not necessary for the final outcome.  L. Pearson questions if D. Levesque has had a chance to review these plans yet.  E. Botterman states that he discussed the options with him.

 

Motion by L. Cuddire to send to Don Levesque, Joe Serwatka and  to the Conservation Commission for review.  Seconded by  B. Straubel. 

 

Discussion:  H. Congdon does not understand why the conservation commission needs to review.  L. Pearson states because it is jurisdictional. 

 

H. Congdon also does not understand why this is not just a planning board decision, why are we getting J. Serwatka and D. Levesque.

 

L. Cuddire, B. Straubel, and J. Christian in favor.  H. Congdon and R. Christ opposed

 

 

7:30 p.m. Public Hearings

 

A) Phoenix – Continued Public Hearing for 57-63 Railroad Ave. Site Plan Review:

 

Andrew Gmelch stated that he had 3 concerns to review before the Planning Board.  He had also brought several pictures of the areas to be discussed. 

1)       Retaining wall, removal of stonewall, proposed planting of scrubs to hold back slope. 

2)       Move parking in 18 inches on both sides, and garage elevation will be 11’ 1”, side 1-1 slope, rear 3-1 slopes with vegetation to hold.

3)       Reduce lights in parking area and widen parking area from 20 to 22 feet.

Owner also stated that the building represents less than 64% coverage on lot, size is in the median range of existing properties.

 

Applicant will provide sidewalks in from of the property as presented on the plans. 

 

J.  Christian reads letter from D. Levesque.  J. Pollard, Fire Inspector has also submitted a letter stating that the Fire Department does not have any concerns at this time.

 

Motion by H.  Congdon to approve as presented with all corrections and information requested.  R. Christ seconds motion.

 

Discussion:  L. Pearson questions whether that motion includes the $15, 000 that D. Levesque has recommended.  B. Straubel that new zoning review addresses items like this and recommends it.  L. Pearson states that the current Site Plan Review Bylaw does as well.

B. Staubel questions whether he feel that there is a need to replace clay sewer pipe in front of new structure and fix drainage in the street.  Owner is in agreement with replacement of old sewage clay pipe, and fix drainage in front of new structure.  H. Congdon does not feel that this is necessary he believes that it is extortion.  A. Gmelch states that he is not being extorted and agrees that this will improve the neighborhood.

 

Motion by B. Staubel to include $15,000 recommended by D. Levesque for offsite improvements on Railroad Ave. LC seconds motion.

 

J. Christian, L. Cuddire and B. Strauble in favor of Amendment.  H. Congdon  and R. Christ opposed. 

 

H. Congdon, R. Christ, B. Straubel, J. Christian in Favor of main motion.  L. Cuddire opposed.

 

 

New Business Continued: 

 

2) Prelim Site Plan Review for Common Grounds Landscaping

 

Greg Harden, business owner present, would like to install scrubs/fencing on residential side of property.  Also, install lighting for security purposes.

R. Christ concerned about size of lot.  According to the comments from the Assessors office the dimensions don’t work.  He states that he has spoken to the abutter and there are serious concerns

 

LC wants all areas on application check list completed, what you have done and what you proposed to do, all issues you are going to address.  LC recommends taking pictures of before clean up, and after.  Also, show entrance to access property on plan.  Owner to speak with Lisa when filing application before the Planning Board.

 

 

 

 

3). Coulson Pratt Drive – Site Plan Review:

 

Buzz Coulliard stated that Planning Board approved the original plan back in February 2002.   The Conservation Commission has also approved the road.  That decsion was appealed by 14 abutters to the DEP.  The DEP also filed their own appeal.   DEP forwarded it to the EPA, who after about a year stated that it was not under their jurisdiction.  Finally the DEP issues a superceding order of conditions.  Part of that order is that they won’t allow any paving, which is in accordance with Town local by-laws anyway. 

 

J. Christian asked to see a copy of the original approval.  B. Coulliard does not have it.  B. Straubel states that he looked at the plans earlier in the day and they look different then the ones infront of them right now. 

 

L. Pearson stated with a substantial change to plan, that this should be filed as a subdivsion modification and thus the abutters will be noticed

 

B. Coulliard states that he is only there to change from asphalt to gravel this is not substantial.  B. Straubel states that the Superceeding order that he has includes a list of about 26 changes from the original plans.  L. Pearson states that paving of a road is a subdivision standard that is not waived in this town therefore that in it self would warrant a public hearing not to mention that the drainage etc would be changed and that there is an issue of long-term maintenance.  L. Cuddire states that the Board needs to look at the future owners who will be complaining to the town if their road has problems, not a developer who will no longer be around. 

 

Frank Martin, an Abutter, is present he states that there were many abutters that appealed this process and wants to know if they will be informaed of any changes.

 

J. Christian states, the Board needs to see signed approved drawings for next meeting.

As well as the current Homeowner’s agreement.

 

Motion by R. Christ to accept plan as amended, changing from hot top paved road to gravel road, State imposed.  Seconded by H. Congdon.

 

H. Congdon and R. Christ in favor.  L. Cuddire, B. Straubel, and J. Christian opposed. 

 

Motion by L. Cuddire for the applicant to file a Subdivision Modification which will   motions to open public hearing, notify all abutters, all legal changes that need to be reviewed.  Seconded By B. Straubel. 

 

J. Christian, L. Cuddire and D. Eagan in favor.  H. Congdon and R. Christ opposed.

 

 

Other Business: 

 

A.  Minutes

 

Motion by J. Chrisitian to accept minutes of 9/8/04.  Seconded by R. Christ.  Unanimous Affirmative Decision.

 

B). Beach Commercial Overlay Zoning Proposal:

 

Jerry Klima, Chairman, Zoning Review Comm.  Is present to discuss the Overlay zoning in the Beach Commercial areas.  The mixed use proposal, would consist of commercial business on ground floor with housing above up to 4 ˝ floors.  Town wants open beachfront including a boardwalk along the front of the beach. 

 

Any developer who takes advantage will have to contribute to affordable housing (1 of 7/8) (15%).  Purpose of this zoning is to control 40B issue, and preserve center of town.  Town to notify all property owners of the October 5 meeting at School for all owners to review the plan.

 

Tim Mulchahey is present.  He states that he has been involved in the Beach Commercial Overly zoning for almost 1 year now.  Many of the property owners are concerned about the requirement of a Planning Board Special Permit.  He hopes that the Planning Board will be open to reviewing projects on a case by case basis and not hold a bad project against someone else that might come forward.  L. Pearson notes that there are Special Permit criteria in the bylaw and it is not as subjective as what the Zoning Board currently uses. L. Cuddire states that this with the new Site Plan Review process the process should become easier.

 

LC new site plan review process, more guidelines, structure as process goes forward, R&R’s, guidebook, and to require a bond for any project. The Public Hearing will be October 13, 2004

 

 

C.  Site Plan Review Zoning Proposal:

 

L. Pearson states that has met with the selectmen on Monday and have receive many cmments some that she has incorporated and some that she wants to run by the planning board for how they would like them reviewed.

 

Motion by ?? to have Chairman sign SPR warrant article and submit it to the Town Managers office by Friday.  RC 2nd motion.   Unanimous affirmative decision.

 

 

D.   Other Business

 

R. Christ steps down from Board.  RC would like to amend a subdivision Plans on Corporal Patten Way to remove 180 ft. of granite curbing and use asphalt instead due to existing underground ledge.

 

L. Pearson states that this needs to be on the agenda for discussion and a consultation with Don Levesque.

 

 

 

Meeting adjourned at 10:00 p.m.