Salisbury Planning Board Minutes

Public Hearings and Regular Meeting

Wednesday, November 10, 2004

7:00 p.m.

 

 

Members Present:  Chairman, Jack Christian(JC), Harold Condon(HC), Larry Cuddire(LC), Ron Christ (RC), Don Egan(DE) and Robert Straubel(RS).

 

Also Present:  Assistant Planner, Katrina O’Leary (KO), and Secretary, Pat Banfield

 

Chairman  (JC) opens Planning Board meeting at 7:07 p.m.  He advised public due to the heavy agenda, any person or persons that become un-rulely or abusive or causes any interruptions or outbreaks, will be asked to leave the meeting without warning.

 

New Business

 

A.    Palis Drive Update  Eric Botterman of Millenium Eng. Responds to board on Joe Serwatka and Don Levesques recommended improvements of site.  Gene Dean’s Attorney is presently drafting up paperwork for easement pipe on Deans property  (amended NOI).  Split of cost is undecided to date.  Work will proceed as soon as Concom approves drainage pipe work. Regrading is proposed for lots 4 & 7, which should resolve drainage. Lot 4 has a high spot in the rear Eric propose cutting a small swale to alleviate problem.  Town Engineer, Joe Serwatka spoke of issues behind lots 6 & 7, recommends grading equipment to re-grade land.

 

(HC)  When drainage pipe is installed (Lots 9 & 10) most of the water problem will be alleviated.

(JC) recommends that M. Palis do grading as soon as possible. 

(HC) Motion: would like Planning Board to send “Certified” letter to M. Palis recommending work to be done in the next 45 days.

(RC) Seconds

Vote on Motion: Unanimously affirmative.  Motion passes

 

B.                Corporal Patton Way – Ron Christ

(JC) advises RC against representing himself as the developer before the Board and advises him to have an Engineer present his motions in doing so he may be in violation of the Ethics Laws of the State of Massachusetts.

Ron Christ steps down from board stating that he disagrees with Director of Public Works, Don Levesque’s letter recommending against using 100 feet of asphalt curbing on Corporal Patton Way.


 

(KO) questions whether this is a major or minor modification to plan?

(LC) Motion: minor change to plan, recommends act at next meeting

(DE) Seconds

Vote on Motion: (LC, DE, HC, & JC) in favor, (RS) opposed,

Motion passes

 

B.           Preliminary Plan – 6 Central Ave. Plank Rd. Realty – letter requesting continuance

C.           Preliminary Plan – 138 Lafayette Rd.W. Capolupo – letter requesting continuance

 

 

7:30 PM Public Hearing

 

E.        (Form C) Deluca, 7 Toll Road first

(JC) gave the same speech as in the opening of the meeting .  He also stated that the applicant has hired the town Engineer to check his plans and site and has hired MVPC to use their GPS mapping systems to check the boundaries and every thing looks fine.  This Board will not be hearing any problems with boundary disputes.  All interested parties may use the Superior Court or the Court of Appeals to remedy any and all claims and are entitled to any means of appeal.

Brian Knowles of Apple Associates updated Board.  Developer is planning to build a 425 foot road to service three lots, with associated improvements.   Mr. Knowles presented the revised plan and updated Board on GPS data, Mass highway bounds, drainage, catch basins removed and swale recommended on side of road.  Also, the plan will include stone in base of swale to slow down drainage wash out.

(LC) Since set back 25 feet from wetlands, they will have to go in front of Concom.

Engineer, Joe Serwatka, just received the revised plan and will need time to review and address any issues in the next several days with a letter to the Planning Board.

(DE) What is the necessity of building a road in wetlands?  Brian states, to create additional building lot.

(LC )Motions to continue hearing to next meeting on December 8, 2004.

(HC) Seconds

Vote on motion: unanimously affirmative, motion passes

 

C.                Harden – SPR – Common Grounds Landscaping – 45 Lafayette Rd. 

Greg Harden requested a continuance and presented the board with a letter from Northpoint Survey Services, Inc. stating they are currently working on establishing boundary lines and preparing and existing conditions plan for property located at 45 Lafayette Road in Salisbury.

(JC) advises Mr. Harden to have all of his drawings and paper work in order for the next Board meeting.

 

(HC) Motions to continue hearing to next meeting on December 8, 2004

(LC) Seconds

Vote on motion: unanimously affirmative, motion passes

 

D.                Bartlett – SPR – 28 CCC Road – proposed in-ground pool and bathhouse  “Semi-private” on campground.  Brian Knowles of Apple Associates presented plan.

(JC) concern about safety, questions height of fence around pool.  Brian states they plan on installing a 4-foot fence with gated latch, no lifeguard planned, and pool will have Halogen lighting in evening. 

(HC) Motions to approve

(RC) Seconds

Vote on Motion: Unanimously affirmative.  Motion passes

 

E.                 W. Capolupo – SPR – 121 Elm St.  construct a storage warehouse

Planning staff has met with the Assessors office, and Assessors plans show existing building at 121 Elm St encroaching on the side lot line and proposed building straddles an existing lot line.

(JC) Since plan states that a boundary line existed, recommends clean up plan and make one large lot

Eric Botterman of Millenium, states, It is the understanding of W. Capolupo’s attorney, that the lot line in question automatically is eliminated once the two parcels are in common ownership and thus no “subdivision” plan is required.  Also DEP administer consent order between W. Capolupo and Concom. Sprinkler system will be required by State Building Code.

By next week, E. Botterman will submit two Form “A’s”, which will resolve conflict on plan.

(KO) read letter from Board of Health, Horace Baxter, Requesting 6F utility plan showing sewer and water connect, 6 inch water line entering new storage warehouse, A&R’s, entire site map of project area, including fencing trailers on 121 Elm Street, and showing access easement.

 

(LC) suggest we have Joe Serwatka review and comment on storage of materials in warehouse, and on all in and out types of “construction material” being tracked.

(DE) Motion to ask developer to provide sidewalks on Elm St

(RC) Seconds

(JC, RC, RS, LC) in favor (HC) opposed

Motion passes

(LC) Motions we include; BOH letter, requesting 6F utility plan showing sewer and water connect, 6 inch water line entering new storage warehouse, A&R’s, entire site map of project area, including fencing trailers on 121 Elm Street, and showing access easement.

(DE) Seconds

Vote on Motion: Unanimously affirmative.  Motion passes

 

F.                 Waldot Realty – SPR – 62 Elm St.

Eric Botterman of Millenium proposes to expand existing parking lot and install a 12 inch pipe at the ditch crossing.  The detention pond is in close proximity to wetlands. Plans have been submitted and a storm water management report is available at town hall. 

Abutters Aleane Smith and Judith Folanger have concerns about water drainage.

(HC) suggest BOH drop dye in culvert and see where water goes.

(LC) Motions to send plans to Town Engineer, J. Sewatka for Storm Water Management, and continue

(RC) Seconds

(JC, DE, RS, LC) in favor (HC) opposed

Motion passes

 

New Business continued

 

D.           Preliminary Plan – 6 Central Ave. Plank Rd. Realty – letter requesting continuance/extension

LC motions to accept extension
HC Seconds

Vote on Motion: Unanimously affirmative.  Motion passes

E.           Preliminary Plan – 138 Lafayette Rd.W. Capolupo – letter requesting continuance/extension

LC motions to accept extension
HC Seconds
Vote on Motion: Unanimously affirmative.  Motion passes

 

B.    Corporal Patton Way continued – Ron Christ steps down from board

(LC) Motion: minor change to plan, recommends continue end of meeting

(JC) states minor improvement could consist of granite curbing cut and pinned or concrete forms (small amount of curbing, approx. 100 ft.)  Also street signs and street  lights to be finished on Corporal Patton Way.

(HC) Motion: to wave curbing entirely

(DE) Seconds

(HC) in favor (LC, DE, BS) opposed

(LC) Motion: to deny Ron Christ request

Failed: lack of second

(DE) Motion to have Planning Dept. send letter to D. Levesque for curbing options for Corporal Patton Way.  Put Ron Christ on agenda for December 8th, meeting.

(LC) Seconds

Vote on Motion: (JC,RS, LC,DE) in favor (HC) opposed  Motion passes

 

F.            Final Reduction of Bond – Henry Hyder – CCC Road

CCC Road has been accepted as town road by Selectmen, the developer is looking for full release of bond balance.  H. Hyder will send a check $125.00 to the town, payable to the Registry of Deeds

(JC) accepts original deed to road

(HC) Motions: to release bond by presentation of deed to CCC Road.

(LC) Seconds

Vote on Motion: Unanimously affirmative.  Motion passes

 

G.           SANR plan – H & M Industries – 53 Lafayette Rd.

Applicant proposes to split one lot into three lots.

(HC) Motions: to approve

(RC) Seconds

Vote on Motion: Unanimously affirmative.  Motion passes

 

Members sign the plan

 

Public Hearing continued:

 

Planning Board Rules & Regulations hearing continued until Dec. 8 meeting.

(KO) presents letter to the board from Neil J. Harrington, Town Manager, noting that he is in full support of the suggested increases and urges the Board to take positive action.

(JC) accepts letter on behalf of the board from the Town Manager on Planning Board Rules and Regulations.

(LC) Motions: to continue hearing until Dec. 8, 2004 meeting

(HC) Seconds

Vote on Motion: Unanimously affirmative.  Motion passes

 

 

Planning Board Signatures

 

Planning Board signed the Oct 20 & 27 meeting minutes

 

Other Business

 

(KO) read a memo from Lisa Pearson, Planning Director, asking for the Boards advice on a waiver request for the digital mapping information for an ANR for Dana Chouinard.  The board takes no formal action, however, they request that the applicant submit his ANR application and request the waiver at the Planning Boards December 8 meeting.

 

Adjournment

 

 

Motion by JC to adjourn HC seconds

Vote on Motion: Unanimously affirmative.  Motion passes

 

Meeting is adjourned at 9:20 p.m.

 


Note:

Mike Wolpert of H & M Industries approached the board to speak, but was declined permission due to not being on the agenda.

 

 

 

 

Minutes Approved by:____________________________       Date:______________