Salisbury Planning Board Minutes

Public Hearings & Regular Meeting

Wednesday, December 14, 2005

 

7:00 p.m.

 

 

Members Present:  Jack Christian, Chairman (JC), Robert Straubel, Vice Chairman (RS), Larry Cuddire (LC), Don Egan (DE) and Lisa Lane (LL).

 

Also Present:  Assistant Planner, Leah Hill, Secretary, Pat Banfield

 

Meeting Opened at 7:05 p.m.

 

1.      New Business

 

a.      Building Permits /Bond – Chairman, Jack Christian signed M. Wolpert’s notarized bond.

 

b.     ANR – Mill Street Realty Trust, 12 Congress St., Jim Babbin of Millenium Eng. spoke on behalf of the applicant, Susan Emond.  He stated that the parcel of land is a pre existing lot with two dwellings “grandfathered” prior to existing zoning laws.  Mr. Babbin presented 1967/68 real estate bills shows trailer existed continuously since 1970.  Assistant Planner, Leah Hill presents a copy of the applicable court decision verifying the law as stated by Mr. Babbin.

 

JC questions what are owners going to do with non-conforming lot?  Owners answered, that they plan to build on it.

 

RS questions the direction of the northern border of the property as shown on plan because it varies 30 degrees from the description on the deed.  Mr. Babbin provides assurances that the plan is correct, citing his years of experience showing such discrepancies to be common.

 

RS motions that board accept plan as submitted.

 

DE questions where abutters notified? PB secretary states yes,  question, any opposition? NO

 

DE seconds

 

Vote on motion 3 – 2 (LL and LC abstained)

Motion passes

 

 

2.      7:30 p.m. Public Hearing

 

      a.      SPR – Wave Properties, L.L.C., 16 Cable Ave.,  Jim Babbin of Millennium Eng. Spoke on behalf of the applicant for this four unit condominium building which is subject to inclusionary zoning.   The zoning is Beach Commercial, allowing for a max height of 35 feet.  Jim Peck is also present at hearing.   The plan is to remove existing building and construct a four unit condo.  Building meets side yard and S/B zoning requirements.  Proposed curb cut with pavement and concrete markings.  Roof run-off will now dissipate into the ground infiltration system, sufficient to accommodate 100 year storm event. Planning Board has been presented copies of new storm water management report and revised site plans.  Beach commercial would be first inclusionary zone use.  In addition, Planning Office feels parking could be problematic because it goes from lot line to lot line and there is not enough space in the front for turn around, as a result, residents would be backing out onto Cable Ave.

 

LL suggest French doors as egress could be included.

RS states that he believes that the scale of building is too big for lot size because it does not provide a practical solution to the parking requirements.

DE would like to see a creative solution to first proposal, ie; suggest lease agreement with Town of Salisbury for 8 parking spaces, feels this would solve parking and traffic problem.

 

LC motions to continue public hearing until January 25, 2006

 

LL Seconds

 

Vote on motion 5 - 0 motion passes

 

3.      Other Business

 

Colson Pratt Subdivision – Neil Harrington, Town Manager, presented the proposed agreement between the Town and Buzz Couillard (DECM, L.L.C.)   A copy of this agreement titled “Declaration of Trust and of Easements and Covenants for the Coulson-Pratt Homeowners Trust”, containing Sections 1 through 13, was presented to each member of the Planning Board for their reference and review.

 

Also, the Town Manager prepared a motion for the Planning Board to review and consider.  The motion is as follows:

 

“Motion that the Planning Board reconsider its previous denial of a request for a modification of the Subdivision Plan for DECM, L.L.C. at 375 North End Boulevard to allow for a waiver of the requirement (contained in the Boards Rules and Regulations) that the roadway in said subdivision be paved, and vote to grant such a waiver, subject to the following conditions:

 

1)     that the roadway be constructed in accordance with the plan or drawing that was submitted by DECM, L.L.C. at the time of its request to waive the paving requirement, as required by the DEP in its Superseding Order of Conditions for the subdivision;

2)     that the Coulson-Pratt Homeowners Trust be created and that the Declaration of Trust, to provide for the ownership, maintenance and management of the subdivision roadway and other common areas and facilities without public maintenance or responsibility, be executed and recorded with the Registry of Deeds, and

3)     that the Planning Board and DECM, L.L.C. execute the attached Agreement and fulfill its terms;

 

and be it further MOVED that the Planning Board vote to approve the attached Agreement between DECM, L.L.C. and the Town of Salisbury, acting by and through its Planning Board, and authorize the Chairman of the Board to execute it.

 

Planning Board Chairman and Town Manager agree to sign and notarize two originals on Thursday, December 15, 2005

 

In conclusion, 9th lot has been deemed un-buildable by Concom, Mr. Couillard plans on appealing this decision with the Conservation Commission.

 

Jack Christian, Planning Board Chairman and Town Manager, Neil Harrington agreed to sign two originals and have signatures notarized on Thursday, December 15, 2005.

 

 

5.  Correspondence

 

DE motions to approve November 30  meeting minutes as revised

LC Seconds

 

Vote on motion 5 – 0  motion passes

 

Planning Board chairman signed Mike Wolpert’s bond, bond signed and notarized.

 

Master Plan -  JC Planning Board is looking for volunteers.  JC would like Assistant Planner, Leah Hill, to contact several universities and inquire if there is any interest for interns working on such a project helping Town of Salisbury with the upcoming revision of the Master Plan,

- Univ. of Mass

- UNH

- Tufts

- Harvard and MIT

 

6.  Adjournment

 

RS motions to adjourn meeting

LL Seconds

 

Vote on motion 5- 0 motion passes

 

Meeting adjourned at 8:50 p.m.

 

 

 

 

 

 

 

Minutes Approved by:                                                      Date: