Salisbury Planning Board Minutes

Public Hearings and Regular Meeting

Wednesday, January 12, 2005

7:00 p.m.

Members Present: Chairman, Jack Christian(JC), Larry Cuddire(LC), 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 7:02 p.m. stating anyone who becomes rowdy, or out of order, shall be asked to leave the premises immediately.

New Business:

1. Preliminary SPR – 7 McCarthy Way – Jeffco,

Brian Knowles, Apple Assoc. wanted to discuss existing site and proposed development of 7 singles (3 BR) and 2 duplexes (2 BR) with parking underneath structures. Most of the units would be built on pilings or piers. Presently 5 or 6 units are tied into sewer and are not in “V” zone

DE commented that this type of development fits the character of the beach demographics and that SPR states “parking should be located to the side or rear of the building.” Board recommends a little more creativity with design to include some landscaping. Also, board has concern about safety vehicle access and the closeness of the structures (< 5 feet) as they appear on the plan.

2. Accessory Apt. recommend. ACC – 34 Ferry Rd. J. Paynter

LC motion to compile a letter complying with zoning board recommendations giving 3 criteria requested. (letter to Bldg. Insp., Bd of Appeals, copy applicant)

1) Lot is 18,208 Sq Ft.

JC states that 21,000 SF is the minimum

2) Addition does not detract from single family neighborhood. (barn used to be where addition is now).

3) Planning recommends granting permit with no conditions – applicant agreeing that kitchen be removed.

BS Seconds

Vote on motion 4-0 unanimously affirmed

3. Preliminary Plan – 6 Central Ave – Plank Rd Realty – withdrew by applicant, (see letter – January 12, 2005) Board to send letter notifying Town Clerk.

4. Preliminary Plan – 138 Lafayette Rd. W. Capolupo – withdrew by applicant, (see letter – January 12, 2005 ) Board to send letter notifying Town Clerk.

Public Hearing 7:30 p.m.:

1. Site Plan Review – TOAD L.L.C./ F. Culver, A. Bardeen

Ann Bardeen presented the plan to the Board, stating that Surveyors have plotted property and 15 ft. easement on the plan has been corrected, existing front parking has been preserved, planting area (sign and vegetation) in place 80 ft. setback and opening on Bridge road has been reduced. The Board would like applicant to ensure that the building lighting does not disturb other neighbors properties.

LC motions to continue hearing due to concern of lighting sequence and elevations.

BS seconds

Vote on motion 4-0 unanimously affirmed

2. Cont. Public Hearing – Form C – 7 Toll Road – Deluca

Brian Knowles, Apple Assoc. addressed the Planning Board on behalf of Deluca’s and requested a waiver for the road width, from 50 to 40 feet.

DE motion to close public hearing

LC seconds

Vote on motion 4-0 unanimously affirmed

LC motions to approve the definitive subdivision plan as revised, along with all the conditions listed below:

1. The Town of Salisbury must receive payment for the Planning Board’s consulting engineer’s review of the Definitive filing and also must receive an escrow amount of $500.00 to be held for payment to the Town Counsel for reviewing the proposed Homeowner’s Agreement before such language is placed on the plan and also for payment of the Board’s engineer to perform construction site inspections during the course of construction – amount to be determined by the Planning Board.

2. The Planning Board must receive notice from the Merrimack Valley Planning Commission that the digital data for the revised street layout, as shown on the revised plan, dated 12/27/2004 is adequate in form.

3. Homeowners Association to be formed and specifically provide for maintenance of the roadway.

4. The issues listed in a letter from Don Levesque, Public Works Director, and dated January 12, 2005 must be addressed:

1. All utilities must be reviewed by the Department of Public Works or it’s designee,
2. Drainage at the intersection of Toll Road and Gino’s Way needs to be addressed to guarantee no roadway drainage from Toll road will enter Gino’s Way,
3. Street Lighting,
4. Signage (street and stop).

5. The following items shall be placed on the “Overall Sheet” which is sheet 2 of 6 of the approved Definitive Subdivision Plan and to be recorded at the Essex County Registry of Deeds:

A. All construction of ways must be completed before two years from the date of Planning Board endorsement of the Definitive Subdivision Plan. If the applicant can prove that he/she has made substantive progress towards completion, he/she may request, in a letter to the Board, an extension of the time within construction may take place. If the two-year construction completion date expires without such an extension, or if the Planning Board decides that the developer has not made progress and denies such an extension request, then the Subdivision shall be declared null and void

B. Approval by the Board of Health shall not be treated as, nor deemed to be approval of a permit for the construction and use on any lot of an individual sewage system; and approval of a definitive plan for a subdivision by a board of health or officer shall not be treated as, nor deemed to be, an application for a permit to construct or use an individual sewage system on any lot contained therein.

C. No building or structure shall be built or placed upon any of the lots within this subdivision without consent by the Board of Health.

D. If a lot is released before all construction is completed by the developer, the subsequent owner should be aware that occupancy permits will not be issued until the Building Inspector determines that the roadway provides safe access and egress for the owner and emergency vehicles.

E. No lots may be built upon or conveyed until all ways and services are constructed and the Planning Board’s engineer issues a Certificate of Completion, which shall be approved by the Planning Board, or until a bond or surety in an amount determined by the Board to be sufficient to cover the cost of all of the improvements.

F. Following plan approval, endorsement, and recording, the applicant shall provide the Board with one reproducible and five prints of the Definitive Plan and one copy of final covenants and restrictions, noting book, page number, and date of recording for each; and one reproducible and five prints of the Street Plan and Profiles.

BS seconds

Vote on motion 3-1, DE opposed

Motion passes

3. Cont. Public Hearing – Modification of subdivision – Couillard

Matthew Watsly, attorney for applicant, request hearing be continued, due to Board member Mr. Congdon not being present, to January 26^th. 2005

BS motion to continue to Jan. 26, 2005.

LC seconds

Vote on motion 3-1 DE opposed

Motion passes

4. Cont. Public Hearing – SPR – Wayne Capolupo, 121 Elm St. –

Letter dated 1–12-05 from Millennium Eng. Inc. requesting continuances

5. Cont. Public Hearing – SPR – Waldot Realty, 62 Elm St.

Letter dated 1–12-05 from Millennium Eng. Inc. requesting continuances

DE motions to deny applicant(s) for SPR on 121 Elm St. and for SPR for Waldot Realty, 62 Elm St. for failure to pay escrow to the Town. Applicant had been notified by a letter on December 15, 2004 of the Boards intention.

LC Seconds

Vote on motion(s) 4-0 unanimously affirmed

6. Cont. Public Hearing – SPR – Arash, 147 Bridge Rd.

Ron Laffet of Fulcrum Assoc. states they have submitted an existing conditon plan showing total site.

- delineated wetlands accepted

- right to increase footprint within 10%

- removal of telephone poles

- removal of all debris

- cone of light is now shown on plan, also supplemental light at doorways for delivery

- box lighting would be more adequate

- 8 handicap bathrooms

- collect water / drainage

Applicant is hoping to find a balance between business appropriate for site and receiving rent for property.

DE conceptually feels it’s a good plan, the lighting and landscape issues have been addressed.

BS parking in the back of the property is good, landscape is an improvement, he has no problem with plan.

JC drainage, catch basin change and would like to see further architectural plans on building.

LC motions to continue to next meeting on Jan. 26, 2005.

BS seconds

Vote on motion(s) 4-0 unanimously affirmed

Planning Board Signature

JC motions to approve and sign the 12-22-04 minutes

LC seconds

Vote on motion(s) 4-0 unanimously affirmed

Adjournment

Motion by LC to adjourn, BS seconds

Vote on motion: Unanimously affirmative. Motion passes

Meeting is adjourned at 10:00 p.m.

Minutes Approved by:____________________________ Date:______________