Salisbury Planning Board Minutes

Public Hearings & Regular Meeting

Wednesday, May 24, 2006

 

 

7:00 p.m.

 

 

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

 

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

 

Meeting Opened at 7:02 p.m.   

 

 

1.      New Business - Building Permits /Plans

 

a.      ANR – Michael Chrisham, 28 Locust St.  P. M. Mercier of Millennium Engineering representing applicant stated they are taking one lot and subdividing into two lots.  Both lots have adequate frontage and size and are in R-2 zone.

 

DE motions to approve ANR as presented.

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

 

b.     ANR – Mr. Carluccio &  Mr. Williams, 54 Commonwealth Ave., Attorney Bill Sheehan representing Carluccio

 

DE is questioning if lot is on registered land.  Lawyer stated that ANR is part of the settlement, document will ultimately be filed in superior court.  

 

RS stated as he understands ‘tort law” if this ANR is approved, they will stipulate to a judgment in civil court.  Lawyer states case will be dismissed.

 

Lawyer Sheehan offered an overall summary of terms of the settlement, In addition to the land to be conveyed, both parties have certain easement rights, new fence has already been installed.  Elaine Williams was unable to attend meeting tonight.

 

DE would like overview of layout of property.  Two separate lots own by two parties?

 

According to Mr. Sheehan, there are 3 lots.  Some 95 sq feet conveyed by Williams to Carluccio.  Then Carluccio will convey 3 sq feet to Williams, easement over both of properties are being released.  There was a dispute as to who owned what.  Each party claimed various rights. 

 

RS states the actual by-law is that it can be an ANR as long as both lots have adequate frontage on a town way.  It has 30 feet of frontage because Commonwealth Ave is 30 feet wide.  He then read the definition for Section 2 for the sub-division control law from the Rules & Reg’s. for the Town of Salisbury.

 

RS would like to see the “Z” removed or notation showing the “Z” shows common ownership.  Ideally for it to be removed from the plan. 

 

LC motions to continue ANR for Carluccio & Williams and accept extention, until June 14th.  This continuance will giving applicant time to provide the board with a copy of the easement document.  Also, the attorney signed an extension letter for continuance.  Attorney to ensure the following note appears on the new plan:  “The Planning Board endorsement of ANR does not constitute a compliance with the Zoning by-laws of the Town of Salisbury.”

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

 

2.      Correspondence

 

LC motion to approve Minutes of April 26, 2006

DE Seconds

 

Vote on motion 4 – 0 motion passes

 

DE motions to approve Minutes of May 10, 2006

LC Seconds

 

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

 

3.      Other Business

 

LC reports on committee, Article for rezoning of Salisbury Square was postponed.  Committee will be holding regular schedule meetings throughout the Summer. Anyone interested are welcome to attend these meetings.

 

RS spoke about the progress of the Sewer Study Committee.  A spreadsheet is currently being reviewed by the Assessors office.

4.      7:30 PM Public Hearings

 

  1. Cont. SPR for Beach Realty Trust, 211 Beach Rd., Mike Wolpert noted that all members should have revised architectural plans with lighting detail on page 3, luminarie is 1.46 for a 70 watt bulb.  Also, plans have been stamped by a registered architect.    Detail for garage parking is on page 4 as the board requested.  Landscape plan is also included on the front page of the plan.  Mr. Wolpert stated that detail for handicap access is included on plan, also, water and sewer hookup to old county road is not feasible.  Mr. Wolpert stated traffic exiting property will be turning right.

 

RS stated the Planning Board would like a letter from DPW Director, Don Levesque stating his approval of sewer hook up and choice of plantings. 

 

LL stated concern that Beach Plumes will grow 10 feet high.

 

DE questions width of curb cut – Mike Wolpert stated it is 24 feet. 

 

LL is concerned about noise from baseball field.  LL would like a fence for a buffer between ball field and end condo unit.  

 

LC questioned if Joe Serwatka had submitted final comments?  Leah stated that we had not received any new comments from Joe, since May 10th.   Also discussed the economics of the projects and suggested constructing four units instead of six.    Mr. Wolpert replied that he must sell the units for a price lower than newly-built units that are located closer to the beach and therefore needs to build the maximum number of units possible in order to make the project profitable.

 

DE questioned if applicant was familiar with Site Plan Performance & Design Standards?

Also asked if he would consider smaller size buildings, since there are wetlands on two sides and a ball field on the third side.   He feels this would make the project more harmonious with the environment.

 

RS believes that the plan as submitted, although physically unattractive and representing an excessive number of units for the site, nevertheless meets all of the Town’s requirements.  In view of the fact that only three members present can vote, he question’s if the applicant has given any thought to withdrawing plan and resubmitting to a fully populated board along with the board’s suggested changes.

 

Mr. Wolpert stated that he is trying to address all the board’s recommendations and he presented a copy of his Order of Conditions from the Concom. 

 

RS motions to approve plan as submitted.  The motion dies for lack of a second.

 

RS suggest that the hearing be continued due to failure of the board to reach a decision.

 

DE Seconds the original motion to approve the plan as submitted.

 

Vote on motion 1(RS) – 2 (LL & DE opposed) LC did not vote, due to absence at previous hearing.  - motion failed

 

  1. Cont. Subdivision, J. Stevens, 14A Friedenfels – Applicant submitted letter requesting public hearing be continued until June 28, 2006.  Also a letter has been submitted for  applicant extension to July 31, 2006.

 

LC motions to continue public hearing for Subdivision for J. Stevens until June 28, 2006.

 

LL Seconds

 

Vote on motion 4 – 0 motion passes.

 

  1. SPR Chris Deluca, Chris’ Auto Body, 100 Elm St.  Brian Knowles of Apple Associates representing applicant, stated Mr. Deluca wants to build an addition to existing garage and also a motorcycle sales and repair facility.  Applicant has received storm and drainage Concom approval.  Proposed twenty parking spots two of them for handicapped access.   Also, Storm water drainage into leaching field under pavement, overflow goes into wet lands area behind building, this has been reviewed by Joe Serwatka.  Presently, applied to Zoning Board for variances setbacks relief (both front and back). 

 

RS questions what are the reasons for requesting these set backs?  Mr. Knowles stated that it’s a very narrow lot, and in order to maintain setbacks, zoning variances will be required.

 

DE questions how did applicant arrive at the 20 parking space number?  Applicant states that Zoning Board requires (5:1) 5 per commercial operation, and considers there to be four operations (auto body shop, motorcycle sales, motorcycle repair and leased office space. 

The question was brought up about plantings and Mass Highways view of the plantings.  Brian spoke with Mass Highway and one suggestion was made to “adopt-a-highway.”  Engineer does not have a letter from Mass Highway.

 

RS notes that Mr. Serwatka comments that the curb cut for the project is excessive.  Mr. Knowles states that the long curb cut is needed because the entrances to the facility faces the road and there is insufficient turning room in the front setback to allow heavy equipment to enter if a curb is put in place.  RS believes that n new design with a side entrance to the body shop could result in a reduced curb cut.


DE motions to continue public hearing until all Joe’s comments have been addressed including curb cuts.  Next meeting will be June 14th. 2006.

 

LL Seconds

 

Vote on motion 4 – 0 motion passes

 

 

5.      Adjournment:

 

 

LC motions to adjourn Planning Board meeting at 9:30 p.m. to go into Executive Session, and at the end of the session, the meeting is adjourned.

 

DE Seconds motion

 

DE in favor, LL in favor, LC in favor, and RS 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: