Salisbury Planning Board Minutes

Public Hearings & Regular Meeting

Wednesday, May 10, 2006

7:00 p.m.

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

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

Meeting Opened at 7:00 p.m.

1. New Business - Building Permits /Plans

1. Minor SPR –Dimitrios Siamboulis, 141 Bridge Rd. Applicant was unable to obtain a lease, therefore is withdrawing minor SPR application.

2. ANR – Judith Belanger, Mudnock Road – P. J. Mercier of Millennium Engineering representing applicant who is proposing taking three lots remove one lot line and creating two lots.

DE Are you aware of any zoning violations for any of these lots? Applicant states they have adequate frontage and overall area on all lots.

RS questions if any buildings on lots at this time. Applicant replies no. Also, Assessor office has no problem with lots 2 & 3 being combined

RS motions that Planning Board endorse the ANR plan for Mudnock Road as presented.

DE Seconds

Vote on motion 4 – 0 motion passes

2. Correspondence

RS Motions to approve April 12, 2006 Planning Board minutes

DE Seconds

Vote on motion 4 – 0 motion passes

RS stated he has a concern on the order of voting for the last zoning proposal on Motel Reuse Overlay District, as to how it is stated on the Minutes from April 26, 2006 meeting. The way it presently appears is as follows:

“LC motions to accept amendment to the zoning by-law of the Motel Reuse Overlay District and that the Planning Board endorses a positive recommendation at the upcoming Town Meeting of May 15, 2006.

LL Seconds

DE motions to amend motion to including 2 back lots (Map 25/Lot 3 & Map 25/Lot 44 owned by Howard Wolpert.

LL Seconds

Vote on motion 3 – 1 (LC opposed)”

LC stated that the vote on the motion should be listed as it happened in the public hearing.

DE feels it needs to be clearly stated as it has been amended.

RS can we amend it now and write it in correctly?

Leah reviewed the video tape from that night and stated that the amendment was made to include the two additional lots.

LC The article will be read as in the warrant. Someone will have to get up and read the amended version into the record.

RS e-mailed today, changes to be included and signed at the next Planning Board meeting. Secretary to update 4-26-06 minutes to reflect changes.

Other Business

Another issue which JC would like to discuss is the e-mail which he received today from Lisa Pearson on a note which she sent to the Building Inspector regarding outstanding SPR’s that have never been closed.

JC stated he made a motion about a month ago, requesting a list of all the incomplete Site Plans from Planning Department, which he has not received to date.

According to JC it is the planning depts. responsibility to monitor the paperwork.

LC stated that after that meeting, he believes that BI is zoning enforcing officer.

RS stated that BI said it was up to our engineer to monitor the work.

Applicant has to get a occupancy permit “CO” from the BI, so when the applicant requests the CO is when Joe Serwatka should be notified.

LC stated that Knight Oil is using their garage, if the BI has issued a OP, we should be notified, in order to obtain a bond from applicant. What we do as a board, how we proceed, we need to have a trigger to manage these Site Plans.

LC The planning dept should receive an instant notification from the BI that applicant has come in for an occupancy permit and inquire if the planning department is ready to give it. We may not always use Joe Serwatka, Town Engineer. Then the planning department can notify whoever is in charge of that part of the project involved in the site plan review to see if the site is ready, or work has been completed.

DE questions, why can’t we use an Order of Condition like the Concom utilizes. He would like an outline of today’s process as a jump off point, to see who is responsible and how the process can move along more smoothly. Leah agreed to provide this outline for the board.

LC would like to comment on the Village Center and Zoning Overlay - Since the public hearing, he has received additional information, it appears, under the zoning article, there would be room for an additional 200 new units that coupled up with the current projects not on line yet. Ferry Road, Wingate, T. Mulcahy and 2 Broadway projects. LC is concerned that the Zoning Review Committee did not address the traffic adequately. Since we have two state roads intersecting, we cannot do anything about the traffic. Also, he is really concern about the Town Center zoning, i.e. Commercial aspect has not be addressed adequately. The plan now is Housing first and Commercial second, he feels that it should be a commercial center first and housing second. We should do no less to attract Commercial enterprises for the square. A Zoning Committee meeting is schedule for Thursday night. 5-11-06, anyone who would like to come and speak, please do so.

RS comments on traffic in the Town Square, the town will not be able to control traffic, the state is going to decide, how the traffic flows. This is a red herring, as it is an issue which the town cannot control.

3. 7:40 PM Public Hearings

1. Cont SPR – Wave Properties, 16 Cable Ave. Planning board has received a letter and applicant is requesting a continuation until June 14, 2006.

LC motion to accept letter and continue SPR public hearing until June 14, 2006.

RS Seconds

Vote on Motion 4 – 0 passed

2. Cont SPR - Beach Realty Trust, 211 Beach Road – Mike Wolpert was present with all revised drawings and plans, which the board has not seen yet. Since Lisa Lane is absent, and LC is not eligible to vote, therefore, it is recommended he continue until May 24, 2006.

RS Motions to continue public hearing until May 24, 2006

JC Seconds

Vote on motion 3 – 0 (LC abstained)

3. Cont. Subdivision, Joan Stevens, 14A Friedenfels Rd. The Planning Board has received a letter from Greg Bowden requesting a continuance of the public hearing until May 24, 2006. Also, requesting a 30 day extension from the May 31 deadline making the new deadline June 30, 2006. Town Engineer, Joe Serwatka’s comments have been e-mailed to the Board for their review.

DE motions to continue subdivision public hearing until May 24, 2006 at the request of the applicant.

RS Seconds

Vote on motion 4 – 0 motion passed

4. Other Business – cont.

Adjust maximum Housing Contribution Payment – The inclusionary Housing Requirements of the Zoning Bylaw states that the Planning Board shall adjust the maximum Housing Contribution payment annually. “The annual adjustment shall be equal to the percentage change in the median sales price of single family homes in the Town of Salisbury during the previous calendar year, as reported by the Warren Group and rounded to the nearest tenth of a percent.” The fee goes into effect at Certificate of Occupancy.

Tim Mulcahey, an interested developer, questions whether or not the fee can be revised downward. Answer: Fee can move either up or down.

DE motions that according to Housing Requirements of the Zoning Bylaw, the Planning Board agrees to adjust the present maximum fee of $21,000 per unit - single family medium sale price consistent with the Warren Group survey be increased by 3. 4% from $21,000 to $21,714 per unit will be effective March 1, 2006.

RS seconds

Vote on motion 4 – 0 motion passed

5. Adjournment:

DE motions to adjourn Planning Board meeting at 8:05 p.m. to go into Executive Session, at end of session, the meeting is adjourned.

RS Seconds

RS in favor, DE in favor, LC in favor, and JC in favor

People present in Executive session are members of the Planning Board and Assistant Planner, L. Hill and Secretary, P. Banfield

Vote on motion 4 – 0 motion passes

Minutes Approved by: Date: