Salisbury Planning Board Minutes

Public Hearings & Regular Meeting

Wednesday, February 22, 2006

 

 

7:00 p.m.

 

 

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

 

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

 

Meeting Opened at 7:00 p.m.   

 

1.      New Business

 

a.      Building Permits /Plans –  9 Atlantic, SPL – 3 story 6 unit condo with parking under.

LC motion to sign building permit for 9 Atlantic Ave.

 

RS seconds

 

Vote on motion 3 – 1 (DE opposed)

 

b.     Release of Bond, Brad Kutcher, Michael’s Way – Release was approved at town meeting, road work is done and Town Meeting approved the road, also Concom and DPW are fine to release the bond. 

 

DE motions that we continue until next meeting having time to review appropriate documentation.  He also feels we should have a checklist as to what’s required to sign off on release of a bond.

 

LC Seconds – wants a letter from Don Levesque, confirming that it is OK to release bond.


Vote on motion 2 – 2 (JC & RS opposed)  motion fails

 

RS believes that the board has all of the information it needs to release the bond and he questions how the bond could be used because there is no work to be done.

DE amends motion that Town Planning provide Board with a check-off list,  including sign off from DPW and certification from Town Engineer that work has been completed.  Opportunity to confirm what the town requires so the Planning Board can make an informed decision.

 

LC seconds

 

Vote on motion 4 – 0 motion passes

 

c.      Form A – Highfields Realty, Inc. – 148 Lafayette Road, Attorney Larry Murphy representing applicant.  Approximately 27 – 30 acres off of Lafayette Rd.  Land court requirement is that the petitioner get an approved Form A from Planning Board before appearing in land court to resolve title problems. Apple drew perimeter plan off of the abutters.  Combining 4 lots into one “L” shaped lot.  Highfields Realty owns all four lots.  Addition fee required by Town was paid this evening to Assistant Planner.

 

JC no problem with plan, but would like stamped on plan “unbuildable” lot also would like “Way” designated as “Driveway” on plan.  Continue until March 8, allowing applicant time to discuss issues with land court.

 

RS is concerned that we would be approving “ancient way” as buildable lot. This application is not a subdivision, purpose is for land court as submitted.

 

LC motions to continue Form A for Highfields Realty until March 8, 2006, have updated plan state that it is not a public way or a way approved under subdivision control.

 

RS seconds

 

Vote on motion 4 – 0 motion passes

 

2.      Old Business 

 

a. Cont. Minor SPR – Harold Nabhan, 25 Broadway “5 O’Clock” site.  Tom Cook was present representing applicant.  He stated that proposing 3 light fixtures on building that would provide adequate lighting with cut-off shields to reduce glare.  Also copy of letter from the building inspector resulting from a conversation that JC had with building inspector.  Building Inspector stated that the construction of the deck, railings, access and egress, were all a matter of State Building Code and that he would enforce the Building code for this site.

 

JC motions to approve the plan with Building Inspector being lead town representative responsible for project.

 

RS seconds

 

Vote on motion 2 – 2 (LC & DE opposed) motion fails

 

RS motions to continue hearing until March 8, 2006

 

JC Seconds

 

Vote on motion 2 – 2 (LC & DE opposed) motion fails

 

RS feels this project is not a welcome addition to the beach, but it is a minor site plan review, with limited criteria to disapprove.  Does anyone on the board have evidence that we can use to disapprove this project.

LC cannot support project without some sort of egress from the deck.

 

RS stated since enforcing total number of occupants is up to the Building Inspector and BI stated he would enforce the Building Codes for the State,  egress is not the Planning Boards responsibility.  To approve method of egress, you have to know the occupancy of the building. 

 

JC Suggests that because it appears that the Board cannot reach an agreement prior to the commencement of Public Hearings, Mr. Cook may wish to wait until after hearings, at which time discussion can be resumed.  Mr. Cook agrees to wait and further discussion was conducted after the public hearings

 

RS motions to continue minor SPR Harold Nabhan, 25 Broadway “5 O’Clock” site until March 8, 2006, at which time, applicant will come up with some form of egress off of the “deck”.

 

LC seconds

 

Vote on motion 3 – 1 (DE opposed) motion passes

 

 

3.      7:30 p.m. Public Hearing

 

a.  Cont. SPR – Blair Properties, LLC, 166 Elm Street - Tom Cook, stated that they are working on changes based on town engineers comments and applicant is requesting a continuance until the next meeting.

 

LC motions to continue public hearing until March 8, 2006

 

RS seconds

 

Vote on motion 4 – 0 motion passes

 

 

b.  Cont. Definitive Subdivision – J. Stevens, 14A Friedenfels -   Greg Bowden and his team from Northpoint were present.  They asked if the board had a chance to review the recent Town Engineer’s comments.   They offered to address any concerns or questions that the board had. 

 

Brad Berry of Northpoint Survey discussed the status of the road, it appears it will remain private.  Also provided a draft of the Homeowners documentation for maintenance of the private roadway.   Greg Bowden is waiting for comments from DEP, and Department of Fisheries and Wildlife.

 

RS questions the road grade issue, the Town Engineer feels they are not adequate.  Applicant feels that there is no basis for the Town Engineer questioning selected (1/2%) grade for road, as the grade meets all applicable standards.  Brad Berry states, as an engineer he is at a total loss as to why Town Engineer is questioning selected grade.

 

RS interprets the town engineer’s concerns to include the possibility that the grade will not be maintained over time as the road deteriorates.  The applicant states that  the basis of the road grade’s longevity,  is the proper compacting of the road initially.

 

LC motion to continue the J. Stevens,14A Friedenfels public hearing until March 8, 2006.

 

DE Seconds

 

Vote on motion 4 – 0 motion passes

 

 

c.  Cont. SPR – Wave Properties, 16 Cable Ave. – Planning Board received a  letter requesting public hearing be continued to next meeting.

 

RS motions to continue the SPR – Wave Properties public hearing until March 8, 2006.

 

LC seconds

 

Vote on motion 3 – 0 (DE abstained)

 

 

d.  Cont. SPR – S.B. Oceangate, LLC, 233 Beach Rd.  –  Applicant, Tim Mulcahy, was present and stated that he had attended the DRC Design Review Committee meeting on last Thursday, February 16th,  seek recommendations and come back to the board with those recommendations.  He stated that the S.B. Oceangate plan has minor changes; working on incorporated them into the plans, such as, bookkeeping, pedestrian egress.  A second meeting is scheduled with DRC on next Thursday, March 2nd.   Will then bring a completed set of plans to the Planning Department and present them to the board at the next meeting.

 

LC motions to continue SPR 233 Beach Road public hearing until March 8, 2006.

 

RS Seconds

 

Vote on motion 4 – 0 motion passes

 

e.  Cont SPR – P. Carbone, Salisbury by the Sea, 2 Broadway  - Mr. Carbone applicant, stated that he attended the DRC meeting last Thursday and received good feedback.  Also, he got good suggestions for minor modifications.  These changes on the plan should be completed in the next few days.  They are also scheduled to meet next Thursday, March 2nd at 3 p.m. 

 

LC motions to continue 2 Broadway public hearing until March 8, 2006.

 

RS Seconds

 

Vote on motion 4 – 0 motion passes

 

 

f. Cont. Form C. Subdivision - Crooks Nominee Trust 16 CCC Road, The board received a letter to continue public hearing until March 8, 2006.

 

RS motions to continue Form C for 16 CCC Road until March 8, 2006

 

LC Seconds

 

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

 

g.  Cont. SPR-Saab, Gage, 7 McCarthy Way – Ron Laffley questions if Planning Board had received comments from Apple responding to Town Engineer’s letter of February 21. on Site Review.   Applicant feels all questions have been answered and questioned items have been addressed.   

 

JC noted that Board had received a letter from the Town Manager, stating that the deed research issue, falls outside of the Assessor’s responsibility and that any title exam should be adjudicated by land courts.

 

Mr. Laffley asked if Planning Board would look more favorable on the project with changing the elevation of the parking area by 1 – 2 feet.  He is attending the Concom meeting next Wednesday seeking their approval for this revision.

 

RS believes that the Board and the town engineer would look more favorably on a plan with a lower parking elevation.

 

Applicant requests continuance for SPR on 7 McCarthy Way until March 22nd, when Larry Cuddire returns from vacation.

 

RS motions to continue public hearing on SPR for 7 McCarthy Way to March 22, 2006.

 

LC Seconds

 

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

 

 

4.      Other Business

 

 

a.  Preliminary SPR,  19 Lafayette Rd. Ron Laffley spoke on behalf of applicant.  The existing structure needs changes to comply with ADA access.  This is a plan for a 2-story dentist office.  Applicant would like zoning relief on parking spaces to (9’ x 18’) to accommodate 10 parking spaces for patients, plus 5 spaces for employees.  The first floor will be 2568 sq ft. and the second floor 1050 sq ft. of office space.  Applicant likes Option 4 with brick facades, a Greek Revival style.

 

Applicant is going to ZBA for parking space size relief.   

Snow will go into wetlands.  Dumpster will be in an enclosed building with a roof.

Curb cut at entrance reduced to 24 feet.

 

JC would like to see 10 x 20 parking spaces.  

 

 

5.      Correspondence

 

Planning Board minutes 2/8/06 awaiting updates from Robert Straubel

 

 

6.      Adjournment

 

LC motion to adjourn Planning Board meeting at 9:30 p.m.

 

RS Seconds

 

Vote on motion 4 – 0 motion passes

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes Approved by:                                                      Date: