Salisbury Planning Board Minutes

Public Hearings & Regular Meeting

Wednesday, April 12, 2006

7:00 p.m.

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

Also Present: Assistant Planner, Leah Hill (LH) and Secretary, Pat Banfield

Meeting Opened at 7:05 p.m.

1. New Business - Building Permits /Plans

1. Plans - 20 Old County Road – Due to a typo on the plans, a new plan has been presented for signature this evening.

2. Resign ANR Plan for 49 Seabrook Road, due to lack of Registry Box on the original Mylar, a new one is presented for signature this evening.

3. Building Inspector - Ken Surrette described his view of change of use as Building Inspector.

LH commented as to whether the Building Inspector considers change of use from one line item to the next in the zoning by-laws table of use reg’s. The “BI” stated “absolutely not”, he uses the building codes.

RS questions Mr. Surrette’s application of building codes is a proper application of the Zoning By-law that appears to refer to a change of use according to zoning rather than building codes. Mr. Surrette’s application does appear to be a sensible one, however, RS would like to see a list of permits issued to ensure that all applicable changes of use come before the Planning Board.

Lisa Pearson stated that some applicants were coming to the Planning department and questioning how the building code is being applied in several instances.

BI and Town Manager agreed not to publish list of Building Permits with names and addresses due to theft on sites. Also, BI stated he sends applicants to the Planning Board for Build Permit signatures. Therefore he will not be supplying the Planning Board with a list of permits issued.

RS questions if the BI is, in fact, the enforcement officer for the Planning Board to ensure that all plans are built as approved. BI states he is not, he only enforces building codes. It is up to the planning board engineer to see that construction, especially as concerns drainage issues, is completed according to the approved plan. Other options that the Planning Board has for enforcement include:

- Bond as leverage by Planning Board

- Incomplete site work by Building Inspector

2. 7:30 PM Public Hearings

a. Cont. SPR – Wave Properties, 16 Cable Ave. Jim Babbin of Millennium submitted a letter to the Planning Board requesting to continue public hearing until May 10, allowing applicant additional time to appear before ZBA and DRC.

LC motions to continue Wave Properties public hearing until May 10, 2006.

LL Seconds

Vote on motion 5 – 0 motion passes

b. Cont SPR - Beach Realty Trust, 211 Beach Road. Scott L’Italien of Apple Assoc. and Mike Wolpert applicant were present to address any concerns of Planning Board and Town Engineer’s letter to Planning Board. The revised plan is for 6 condo units with parking for two cars in parking garage under each unit, this will allow for more turning room for cars entering and exiting property.

Scott L’Italien of Apple Assoc., presented new plan dated 4/12/06, which now includes handicap access to site.

JC commented that there were no elevations for this project. Jack stated that Apple revised the drawings to put the parking underneath, and therefore we do not have updated elevation drawings!

Mike Wolpert, spoke with Don Levesque regarding the gravity sewer (approx. 400 ft.) to pump station, they would like to implement, elevations have been submitted to Planning Board.

DE stated his concern for several items on the plan for 211 Beach Road, such as, overhead utilities and proposed stacked parking are not allowed under the Town of Salisbury by-laws.

RS recommends that the Planning board receive revised plans incorporating all of the requirements of the Town By-Laws.

DE motions that the site plan be rejected without prejudice, as presented, as it does not comply with SPR Rules and Reg’s.

LL Seconds

Vote on motion, 2 – 2 (LL & DE in favor – JC & RS opposed)

Motion fails

DE motions that site plan for this project conform to all SPR Rules and Reg’s as follows:

§ Revised plan, including elevations and floor plan, is officially stamped by an architect

§ all utilities on plan should be underground

§ Garage parking for two car’s clearly shown on plan with (10 x 20) parking spaces

§ Show lighting on plan, and how lighting is illuminating on surrounding property.

LL Seconds

Vote on motion 5 – 0 motion passes

DE amends motions to postpone public hearing for 26 days, until May 10^th, to provide applicant time to revise plans according to the SPR Rules and Reg’s. Also, to provide board with a letter extending application deadline for 60 days from May 7, until July 7, 2006.

RS seconds amended motion

Vote on motion 5 – 0 motion passes

3. Correspondence

Planning Board approved and signed minutes for March 22, 2006

DE motions to accept minutes for March 22, 2006

LL Seconds

Vote on motion 5 – 0 motion passed

4. Other Business:

1. LC motions to vote to take Zoning initiative to the April 26, 2006 Planning Board Meeting Public Hearing.

Listed below are the zoning initiatives:

1. Modify the boundary of the Commercial IV (C-4) District

2. Village Center and Overlay District in neighborhoods near the Salisbury Sq.

3. Motel Reuse Overlay District

DE Seconds

Vote on motion 5 – 0 motion passed

2. Rail Trail Clean up day is schedule for “Earth Day”, Saturday, April 22, 2006 from 9:30 a.m. to Noon.

3. JC motion to have the Planning department make a list of all the incomplete Site Plan Review Projects and provide all board members with this list.

DE Seconds

Vote on motion 5 – 0 motion passes

5. Adjournment:

RS motion to adjourn Planning Board meeting at 8:25 p.m.

LL Seconds

Vote on motion 5 – 0 motion passes

Minutes Approved by: Date: