Salisbury Planning Board Minutes

Public Hearings & Regular Meeting

Wednesday, January 11, 2006

 

 

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 7:00 p.m.   Happy New Year!

 

1.      New Business

 

a.      Building Permits /Bond – minor changes on Buzz Couillard Plans for 375 North End Blvd.  These plans have the DEP and Concom changes, since the boards initial approval in 2002, i.e.; removing the drainage. 

 

LC motions to have Town Engineer, Joe Serwatka review new plans for 375 North End Blvd. and have him submit comments.

 

Leah to inform applicant after plans have been reviewed


LL seconds

 

Vote on Motion – 4 – 1 (DE abstained)

 

b.     ACC - Barbara Souther, 8 Bartlett Street, accessory apartment in basement of home,  to be used for her son, no exterior changes to property.

 

RS motions to recommend to the Zoning Board approval of this accessory apartment.

 

LC Seconds

 

Vote on Motion – 5- 0 motion passes

 

c.      Minor SPR – “Signs by Doug”, 213 Lafayette Rd. Denis Pallozzo and Doug Hanson applicants stated they are proposing to construct a 26 X 22 flat roof garage, allowing applicant to work on truck signage indoors away from inclement weather.  Applicant to install a 6’ stockade fence on westerly side of property, also enclosing a dumpster, with a gate for access.  According to the Assessor this is a pre-existing, non-conforming lot, with minimal sloping of property.  Parking area to be stripped and paved, some landscaping at entrance.  Also applicant plans to initially vinyl side the new structure, and eventually vinyl side all of the structures for consistency.

 

DE motions that site plan be accepted, with the following items being completed per applicant, all siding be consistent on structures,  entrance be delineated by landscaping, and not to exceed 35 feet in width, striping for parking and gate for dumpster access.

 

LC Seconds

 

Vote on motion 5 – 0 motion passes

 

d.     Minor SPR – Harold Nabhan, 25 Broadway –  construction of a deck is proceeding, as applicant has received a building permit, from the Town Building Inspector.  However, no application has been received to date.  No one is present at this meeting, Wednesday, January 11, 2006 to discuss this issue with the Planning Board.

 

DE has concerns about how this was handled and would like to discuss the process by which a building permit was issued.

 

DE motions that the Planning Board send a letter to the Building Inspector copying the Town Manager, and Concom Chairman, sighting since this construction represents square foot area exceeding 500 square feet, construction automatically triggers a minor site plan review,  Planning Board feels the work on this project should be stopped, i.e., revoke building permit, pending  minor site plan review.

 

LL Seconds

 

Vote on motion 5 – 0 – motion passes

 

2.        Correspondence

 

RS motions that the minutes for December 12, 2005 be accepted as written.

 

LC Seconds

 

Vote on motion 5 – 0 motion passes

 

 

3.      7:30 p.m. Public Hearing

 

  1. Rules & Regulations Public Hearing. – Chairman, JC, all interested parties were sent copies by e-mail, last minute additions from Town Engineer and DPW.  Entertain anyone who has a change or wants to comment, to expedite this process.

 

DE a few opening remarks, clarify process to achieve SPR, for development in the Town.  Further, to simplify application process and clear up a lot of inconsistencies for future development.  Although we worked on the wrong document for a time, a lot of the concepts were adopted and incorporated into the final document.

 

Rob Ozenski, comments that although Beach Coalition’s participation in the project was largely symbolic, because the wording they reviewed was not the wording actually to be considered, overall, the cooperation of the Beach Coalition resulted in a meaningful and fruitful exercise.  

 

Ron Laffley, commented SPR preliminary review should utilize concept drawings, for preliminary review by the board and public use prior to actually submitting plans to the Planning Department.  This would allow developers an opportunity to obtain direction from the Board before hiring the engineers needed.  He believes that there have been some missed opportunities in town because it is costly and risky to engineer plans without having an idea how the Board will react to the design.

 

LC notes that there is no reason why applicants can’t come before the board to discuss a project.  LC suggests that we can consider DPW and Ron Laffley comments for later inclusion in Rules and Reg’s.  The Planner and Assistant Planner can formulate language and e-mail to all Planning Board members for review.

 

DE motions that Planning Board adopt the proposed Rules and Reg’s as shown in the most recent draft dated December 19, 2005 to be effective January 12, 2006, for all plans stamped in on that date and in the future.

 

RS Seconds

 

Vote on motion 5 – 0 motion passes

 

  1. Continued definitive Sub-division – Joan Stevens, 14A Friedenfels,  we received notification that the applicant has requested a continuance to the January 25, 2006 as they have not been able to settle the issue of the right-of-way with all the abutters.

 

LC motions that the board continue hearing until January 25, 2006.

 

LL Seconds

 

Vote on motion 5 – 0 motion passes

 

  1. SPR Bochenko, 14 – 17th Street West -  Ron Laffley of Fulcrum Inc. Architects spoke on behalf of the applicants.  Original project was withdrawn without prejudice.  Revised proposed project is to erect two 30’ x 52’ long contiguous townhouses, containing 4 units, on existing parcel of 100’ x 100’, structure will be founded on pilers.  Roof drainage from the proposed structures will be directed to the 3” retention pond below the building via roof drains.  The retention area will be finished with ½ “crushed stone to allow for evaporation.   Parking for the four units will be located in the front and rear of the two structures.  New paving system, Gravelpave2, porous pavers, allowing parking, driving, riding or walking on this gravel surface.  Snow removal for these pavers is limited to snow blower removal only.

 

The new plan is more conforming to the neighborhood character, also proposed structure height at 35’ and is conforming.  The applicant has received approval from the Zoning Board of Appeals for a Special Permit in accordance with the Provisions of MGL Ch. 40A, Sections 8, 10, 14 & 15. 

 

RS stated new plan is improvement  project R3.  Also feels this project is a reasonable compromise.

DE also feels plan is more consistent with neighborhood. However, inconsistent with SPR intent.  He interprets Zoning to mean that only single family dwellings should be built on combined lots.

 

LL read aloud the description of Salisbury’s Zoning By-Law on non-conforming conditions.

 

Charles Takesian, abutter is opposed to this project, specifically due to Zoning Issues.   

His key issues are that the townhouses are being constructed in a residential area, devaluation of his property and increased density in neighborhood.

 

DE curbing might be in appropriate on this site.

 

RS motions to approve project as presented and wave curbing.

 

LL seconds

 

LC commented clearly Zoning by-law states condition, however ZBA has given applicant written approval.  Therefore Planning Board will move forward with what we have.  Condo documents should state that trash removal should be picked up by one contractor.

 

Vote on motion 4 – 1 (DE opposed)

 

      d.      SPR Blair Properties, L.L.C., 166 Elm Street, Tom Cooke, representing Blair properties, L.L.C.  applicant is proposing to remove existing building to construct a new 3 unit, mixed-use (residential/commercial) project. One of the commercial units on the first floor, will contain a donut store, family owned business.  The second floor will be for residential use.  Plan allows for Handicapped parking in front, with additional parking on side and in the back.  Donut shop will also have a drive up with a 4 car cue for takeout.  Applicant needs to file with Mass Highway to change configuration of curb cut.  Also, plans will include a 5’ wide concrete sidewalk.

 

Applicant wants Planning Boards opinion on a traffic study, would like to avoid one, if possible.  Board feels traffic study is needed.

 

LC would like to see landscape plan for site prepared by landscape architect showing trees, scrubs and perennials on plan.  Also, applicant to schedule a certified soil test by Board of Health.

 

Mr. Cooke stated that results of soil test may have to be postponed until next meeting due to conflicting schedules. 

 

Fire department wants to see 25’ width maintained on drive thru and travel lanes on westerly side of the building.

 

JC noted that plan contains unisex toilets, applicant will need permission from the Board of Plumbers before installing unisex toilets in commercial structures.

 

Applicant questions if supplemental topographic survey is necessary to be completed?

 

LC motions to continue SPR for 166 Elm Street until February 8, 2006 @ 7:30 p.m.

 

RS Seconds

 

Vote on motion 5 – 0 – motion passes

 

4.      Reports of Committees

 

Affordable Housing Plan – Copies distributed to Planning Board, also they have had the opportunity to view on the website at: www.salisburyma.gov/boards/PBinfo.html

 

LL motions to endorse the Salisbury Housing Plan as presented.

 

RS Seconds

 

Vote on motion 3 – 0 (LC & DE abstained) motion passes

 

 

6.  Adjournment

 

RS motions to adjourn meeting

 

LL Seconds

 

Vote on motion 5- 0 motion passes

 

Meeting adjourned at 10:00 p.m.

 

 

 

 

 

 

 

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