Salisbury Planning Board Minutes

Public Hearings & Regular Meeting

Wednesday, March 8, 2006

 

 

7:00 p.m.

 

 

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

 

Also Present:  Planning Director, Lisa Pearson, and Secretary, Pat Banfield

 

Meeting Opened at 7:00 p.m.   

 

1.      New Business - Building Permits /Plans

 

 

a.      Release of Bond, Brad Kutcher, Michael’s Way – 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 to release bond for Michael’s Way

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

b.     Special Permit  - ACC -  Eldridge Leavitt, 142 Beach Road, C. Johnson contractor representing applicant.  Plan is to convert 2 car garage into 550 sq ft apartment for family member.

 

LL motions to approve as presented to ZBA based on following three reasons;

At least 20,000 sq ft lot, available parking, and occupancy by a family member.

 

RS Seconds

 

Vote on motion 4 – 0 motion passes

 

c.      Form A - Robert Bernstein, 49 Seabrook Road – This ANR is for a proposed lot line creating Lot 1 and Lot 2, both lots will have adequate acreage.  The applicant was granted a variance from the ZBA for the lack of adequate frontage (50 feet, 150 feet required) for Lot 2.  MVPC has approved the digital submission.

RS questions access to lot only from Seabrook Road and does applicant have future plans to subdivide?  Applicant states no plan to access from any other location other than Seabrook Road, and no plans to subdivide.

 

RS motions to approve form A as submitted

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

JC asked that Assistant Town Planner, in the future include a  copy of all other Board approvals be included in our packets so that we have hands on and not hear say.

 

d.     Minor SPR – Arthur Daily, 204 North End Blvd. – Applicant is proposing to add extension to 3rd floor deck ((8 x 17 (126 sq ft) deck)) within the same footprint of the existing 2nd floor deck.  ZBA has approved this request on 9/27/05 for 3rd floor deck, to be built in the same footprint of the existing 2nd floor deck.

 

DE commits that the plan is consistent with requirements for minor SPR –  no safety concerns raised, requirements met as presented.

 

RS motions to approve minor SPR as presented

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

JC asked that Assistant Town Planner, in the future include a  copy of all other Board approvals be included in our packets so that we have hands on and not hear say.

 

e.      Preliminary SPR – Chris Deluca of Chris Auto Body, 100 Elm Street – Applicant is requesting couple of waivers.  Brian Knowles of Apple Engineering stated they are looking for waivers on Architectural floor plans & elevation plans, also waiver on the Engineer inspection review fee, since Joe Serwatka has already reviewed and inspected site for Concom.  Curb cut of 24 ft. width, with a 30 foot radius and a total of 10 parking spaces are proposed.

 

JC would like to see floor plans and front elevation plans, basically structure and how beams are constructed.  Get an idea of what it would look like.  Also, landscape plan for outside of building. 

 

DE motions that board reset inspection fee from $4000. for site inspection to $2000.  for this project.

 

RS Seconds

 

Vote on motion 4 – 0 motion passes

 

DE motions that the request for waiver for architectural floor plans & elevation plans be denied.

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

 

2.      7:30 p.m. Public Hearings

 

a.      Cont. SPR Blair Properties, L.L.C., 166 Elm Street.  Tom Cook is representing applicant.  Plan proposed construct mix use with 3 commercial units and residential unit upstairs.  Comments from town offices have been addressed, packets are being mailed today.   Major change in the circulation pattern on site, able to reduce detention pond and added a designated drive thru lane allowing all the stacking to occur away from the parking spaces.  Keeps residents out of the fray of traffic. The drainage system changes include all rooftop drainage into infiltration system on the site.  Main issue is a traffic study; quotes for traffic study are between $6600 and $7000 for site.  Mr. Cook  believes that the estimated traffic volume generated by the proposed business does not meet the Institute of Traffic Engineers guidelines for a traffic study.  Existing curb cut 90 feet wide.  Propose to change revise curb cut to a one way in and one way out .

 

JC has spoken with owner of site, with Department heads and plans to try and get on warrant for Town Meeting this Spring, this may not happen.  JC stated that mixed use not approve in Town of Salisbury at this time.  Mixed Residential and Commercial use is only allowed at Salisbury Beach.

 

RS believes that a traffic study is not warranted because it could not result in any design changes that would improve safety at the site.  The highway on which this site is located is controlled by Mass Highway and it is highly unlikely that they would approve a traffic signal at this location.  Providing that there is a designated left turn lane in front on the street at this time, there are no other design changes that Mass. Highway would approve. RS prefers two one-way with signals.

 

DE would like to see Institute of Traffic Engineers recommended guidelines for board to review. (Leah to obtain ITE guidelines for Board) 

 

DE motions to continue SPR hearing until March 22, 2006.

 

RS Seconds

 

Vote on motion 4 – 0 motion passes

 

b.     Cont. Definitive Subdivision, Joan Stevens, 14A Friedenfels, Greg Bowden present to answer any questions. 

JC drove out to the site, and noticed that Cove Marina has granite curbing, and you’ve asked for a waver.  JC  feels that it would enhance road if curbing was carried around swales to protect sidewalks and catch basins. 

 

RS issue with granite curbing, he feels granite curbing will funnel runoff from road into the catch basin, where dirty water would find its way into the river more quickly.  Also, that country drainage system would purify water runoff where the granite curing would not.  

 

Greg would like to table granite curbing issue until they have completed their presentation in front of Concom and also that a meeting with Natural Heritage is scheduled they want all the historical trees saved.

 

Engineer states that they are working on some sort of grass path which would wind between the trees on one side of the road.  Mass State Highway has new guidelines for sidewalks, view on-line for new information.

 

DE so the proposed sidewalk will not abut the street.  Do you have examples of an alternative type of a sidewalk that the board could review?    He would like to postpone sidewalk discussion until we know what the Concom is going to decide.

 

Mr. Renz, as an abutter is concerned about access to the 59 acres located to the west of his property.  Mr. Bowden stated that the right of way access will be right along the East boundary of Lot 1.  The owner of the Cove marina, Mr. Mullen, an abutter, also questioned the effect that this 59 acre parcel will have on parking and foot traffic in the area if large numbers of people come to view eagle habitat.

 

RS questions whether it is likely that the 59 acre parcel will really have any noticeable effect on traffic volume considering the number of people who use the marina during the summer.  RS also believes that those people seeking access to wildlife viewing will most likely use the rail trail parking area rather than the public parking area located at the marina.

 

JC stated that the drop dead date of April 12 , 2006 is approaching and there are still a lot of lose ends pending on this application.  Applicant to provide the board with a letter authorizing extension into May 2006.

 

DE update on current status of road “public vs. private”.  Mr. Bowden stated it will still be a private road.

 

RS motions to continue hearing until March 22, planning board meeting.

 

LL seconds

 

Vote on motion 4 – 0 motion passes

 

c.           Cont. SPR - Wave Properties – 16 Cable Ave. – Jim Babbin of Millennium stated applicant would like to continue public hearing until first meeting in April, 2006.  Jim Babbin explained by that time they will have met in front of the ZBA (off site parking variance0 and DRC and by the April 14 meeting, they should have all there reviews complete.

 

RS motions to continue Wave Properties public hearing until April 12, 2006

 

LL Seconds

        

Vote on motion 4 – 0 motion passes

 

d.          Cont. SPR  - T. Mulcahy, 233 Beach Road, Tim Mulcahy discussed DRC recommendations which they have incorporated into the site plan. Basically, more landscaping, changes in front of site, a pedestrian walk way for residents to exit onto public sidewalk, instead of walking through the garage. Also, entry way in front of building, with an arbor way on right side of building, with a 12 foot picket fence on either side to delineate formal entrance and walkway, which will consist of ¾ inch crushed stone.   In addition, they will consider incorporating more trees along the side of the site, instead of shrubs. 

 

RS did you find the experience with the Design Review Committee helpful.  Tim stated that for the most part, their suggestions were helpful and the whole experience was very helpful and productive. 

 

RS motions to approve plan for 233 Beach Road, as submitted dated 2-14-06, with DRC endorsement and changes incorporated into plans.

 

LL Seconds

 

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

 

e.           Cont. SPR – 2 Broadway, Present is Peter Carbone, Developer and Greg Smith  the architect.  Proposed are 24 townhouse style condo’s (1600 – 2000 sq ft) on the site of the old batting cages.  Also included in this site plan is 3900 sq ft of commercial space on the first floor.

 

The DRC recommended several changes such as the canopies being brought around to the front of the building, and the depth of the balconies expanded.

 

Mr. Smith presented revisions at the March 2nd Design Review Committee noting that architect had increased the depth of the balconies to 7 feet from the inside face of the handrail  Also they had brought the vertical balustrades facade down to the street on the eastern side of the street.  In addition, canopies were added to the garage doors, light fixtures brought all the way to the corners, and decorative false windows added to the paneled sections of the east side of the building.

 

RS motions to approve the site plan for 2 Broadway, as submitted dated 3-3-06, with Design Review Committee endorsement and changes incorporated into plans.

 

LL Seconds

 

Vote on motion 3 – 0 motion passes

 

Cont. Form C Subdivision. – Crooks Nominee Trust, 16 CCC Road, Fred Ford of Cammett engineer presented update on subdivision plans.  He met with DPW, Don Levesque, revised plans including granite curbing, underground utilities, and modification to the proposed roadway profile at intersection with CCC Road.   Also letter from Consultant March 6, and incorporated all the changes recommended.  Also applicant has received Concom approval for subdivision.

 

RS motions that board approve plan dated 2-23-06 as submitted incorporating DPW Director and Town Engineer, Joe Serwatka’s recommendations. Therefore applicant will conform to SPR inclusionary.  Included Road bond amount received by DPR Director, to be obtained prior to construction and Road name will be added when DPW submits the requested data.

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

 

SPR Beach Realty Trust – 211 Beach Road – M. Wolpert applicant.  Scott L’Italien engineer for Apple Associates spoke to board responding to Town Engineer, Joe Serwatka, Site Plan review and calculations.  Applicant proposes to remove existing building and construct seven unit condominiums.

 

Applicant will apply to MA Highway for permit to eliminate two curb cuts and replace with one radius to meet specifications.

 

The pump station and sewer design will be addressed with the Salisbury BOH and Sewer Department during the sewer design process. 

 

Four inch main for water from street into buildings.

 

JC recommends applicant consider New England design review -

 

DE motions to continue public hearing until March 22, 2006.

 

RS Seconds

 

Vote on motion 4 – 0 motion passes

 

 

3.    Old Business

 

a.      Cont. Minor SPR – Harold Nabhan – 25 Broadway, Tom Cook  spoke on behalf of the applicant stating that they agree to conduct a life safety study for egress from the deck in case of an emergency, before an occupancy permit is issued.

 

DE motions to approve the deck with the following conditions that include;

·        an second doorway for egress from the deck to the club,

·        also 5’Oclock club owner agrees to have a “life safety study” conducted on how best to evacuate deck in an emergency, after construction of deck is complete.

·        Removal of debris that can be seen through the windows of the club

·        Removal of abandoned pilings on the beach near the site of the deck (requires permission from the state).

·        Occupancy permit will not be issued until all the above conditions are met.

 

RS Seconds

 

Vote on motion 4 – 0 motion passes

 

b.     Cont. Form A – Highfield Realty Inc., 148 Lafayette Road, Lawrence Murphy presented the revised plans showing the following: the lot to be created is  not a buildable lot, the access to the property is a driveway not a road and the newly-created lot includes notation referencing current assessors map, designation of the lots that are being combined.  Also DEP wanted hay bails and land court requirements recorded.

 

JC says that he walked the property today and noted trees and lot lines staked.  He questions the intent of Mr. Murphy’s client to actually sell property.  Mr. Murphy states, that to his knowledge his client has had the property on the market for quite a while and intends to sell it as soon as the Land Court issues are resolved.

 

RS motions that board endorse Form A as presented

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

4.    Correspondence

 

Planning Board minutes 2/8/06 & 2/22/06 not signed

 

 

5.    Adjournment

 

RS motion to adjourn Planning Board meeting at 10:20 p.m.

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

 

 

 

 

 

 

/Minutes Approved by:                                                     Date: