Salisbury Planning Board Minutes

Public Hearings & Regular Meeting

Wednesday, June 28, 2006

 

 

7:00 p.m.

 

 

Members Present:  Larry Cuddire, Chairman (LC), Robert Straubel, Vice Chairman (RS), Lisa Lane (LL), Dave Holscher (DH)  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

 

a.      Reorganization of Planning Board FY 2007 – All members were present to vote for FY 2007 reorganization.  Two items should be voted on by the Planning Board, one for Chairman and Vice Chairman.  Another position to be filled by the Planning Board is a position on the MVPC (Merrimack Valley Planning Commission).  Does anyone want to volunteer as the official representative for the Town of Salisbury.   MVPC meets on the third Thursday of each month, and a vacation this month, is anyone interested?  Bob Straubel volunteered for the coming year. 

 

LC motion that Bob Straubel be the MVPC representative for the Salisbury Planning Board for FY2007.

 

DE Seconds

 

Vote on motion  5 – 0 motion passes

 

Next item is the Reorganization of the Planning Board FY 2007. - Chairman

DE we are fortunate to have a lot of talented people on the board and he would like to nominate Larry Cuddire for the position of Chairman.

 

LL Seconds

 

Vote on motion  4 – 1 (RS opposed)  motion passes

 

Next item is the Reorganization of the Planning Board FY 2007. – Vice Chairman

 

DE would like to nominate Bob Straubel for Vice Chairman

 

LC Seconds

 

Vote on motion 5 – 0 unanimous


 

LC noted that due to a series of vacations, he suggest that the Planning Board skip the next meeting on July 12 and hold our next meeting on July 26, 2006.  DE stated he is not going to be available the week of July 12th.   Leah stated no public hearings would be affected if we skip the next meeting. 

 

DE motions that the next planning board meeting be held on July 26, 2006.

 

RS seconds

 

Vote on motion 5 – 0 unanimous

 

b.      ANR - Merit Properties Ltd. Partnership, 25 Ocean Front South – Jim Bowers, Atty. representing applicant stated this ANR is to combine 2 lots (684 and 684A) to create 1 lot.  They have proper frontage and MVPC has approved the digital submission.  Basically, this application is to get the planning boards approval of a plan to settle a title problem which has arisen when the client tried to sell the property formally referred to as the “Sidewalk Cafe.”  During the title search, it was determined that the larger part of the lot 684, is also on a 15 foot strip of land, which is immediately in front of lot 684 on Ocean Front South.  Back in 1956 a document was recorded at the registry of deeds by the Salisbury Beach Association which waved all it’s rights, title and interest in the 15 foot strip of land directly in front of lot 684.  They have petitioned the land court to make it all one lot, but first, applicant must receive the planning boards endorsement of the plan.

 

RS motions that the Planning Board will endorse the ANR for Merit properties Ltd.

 

DE Seconds

 

LC suggests that the Planning Department keep an eye on the land court outcome.  As a result of their decision, the private way will become Town property.

 

Vote on motion 5 – 0 unanimous

 

c.      ACC – K. Shute, 3 Douglas Ave.  The applicant states that this ACC apartment will be 840 sq ft. and that they have 6 parking spots available.

 

LC stated that the Planning Board is required to send a letter to the ZBA stating the Planning Board’s recommendation.  This letter must reflect , 1. whether the lot size is adequate,  2. that the ACC apartment would work in the zone/neighborhood and 3. that there is adequate parking.

 

RS motions to notify the Zoning Board of Appeals that the ACC application meets all three requirements.

 

DH Seconds

 

Vote on motion 5 – 0 unanimous

 


2.      Old Business

 

a.      Cont. Minor SPR – James Cassell Trustee, 285 North End Blvd.  Applicant presented new plans reflecting exactly what is proposed to be built.   Applicant stated that the roof deck has been removed from the plans, the stairway to the roof has been removed and the exterior lighting has been included on the updated plans.  Also, a direct abutter was present and stated he had no objection to the renovation.  The height of the structure overall is 34’ 10”.

 

DE motions that the planning board proceed based on the determination that the project meets the criteria as a minor SPR.

 

LL Seconds

 

Vote on motion 4 – 1 (DE opposed)

 

RS amends motion that planning board approve minor SPR as presented with updated plans dated 6- 27- 06.

 

LL Seconds

 

Vote on motion 4 – 1 (DE opposed)

 

 

3.      7:30 PM Public Hearings

 

 

a.      Cont. SPR – Wave Properties, 16 Cable Ave. – Jim Babbin, of Millennium Engineering representing applicant.  He stated since there is all new information revised plan for this project, he has no problem that all members be eligible to vote (including) new member can vote on this project.   The new plan would have retail space down stairs, four units upstairs and four parking spaces along with a utility room in the garage.  Several Issues to present to the board; first, we have to use Cable Ave. , second, the parking spaces are at an angle and are very difficult to get in and out of.    The reason it is designed is to meet the Boards recommendation to have a smaller curb cut.  Would like to hear from the Board there opinion of using Cable Ave. and the parking issue before going in front of the Design Review Committee.   

 

DE comments on having vehicles backing onto public way is misguided.  He suggests making the whole project all commercial.  Since its in the Beach Commercial District, that might be a way of proceeding with the project.

 

RS recommends 3 units with only 3 parking spaces needed. 

 

DH motions for a continuance for Wave properties project to July 26, 2006 Planning Board meeting and public hearing.

 

LL Seconds

 

Vote on motion 4 – 1 (RS abstained)


 

DE amends motion to continue the public hearing until July 26, 2006 meeting.  In the event a letter requesting extension for application is not received, the SPR for Wave Properties will be denied.

 

LL Seconds

 

Vote on motion 4 – 1 (RS abstained)

 

b.      Cont. SPR Chris Deluca, Chris’ Auto Body, 100 Elm St.  Brian Knowles, of Apple Associates representing applicant, presented the revised plan and verbally addressed all of Joe Serwatka’s comments and concerns.  Several revisions, the entrance shifted slightly and they could extend landscaping, along with taper, modify curbing, and narrow island opening.   Revised plan includes arrows for traffic flow, also included is signage to denote the direction of vehicles.  Also, included is a second catch basin for water run off and additional lighting for parking area.

 

LC appreciates revised plan with lighting layout, and traffic patterns noted. 

 

DE motions that SPR Chris’ Auto Body be approve with extension of granite curbing and extension of island.  In addition, SPR standard conditions to be included in the motion.

 

RS Seconds

 

Vote on motion 4 – 0 (DH abstained)

 

c.      Cont. Sub-division, Joan Stevens, 14A Friedenfels, Greg Bowden to briefly go over all the issues of this project to update all board members of the current status. Donation of Twelve acres of land to Town of Salisbury to be used for a park off the MBTA / rail trail, remaining land will be conveyed to the State or a charitable organization.   Plan to maintain road as a private way, across  Mr. Mullens property install force main sewer and water main with fire hydrant.  Gravel sidewalk, additional restoration areas to preserve, Concom would like to see a common dock.  Received a Letter from National Heritage, buildings need to conform to all zoning issues and setbacks.  Joe S. requested that they prepare a recordable plan.  Mr. Renz had issue with the drainage, they added 12” RCP to assist drainage and flow across the wetlands flow towards the Northeast. 

 

Greg would like the improved road (22 feet) accepted by the Town from Route 1 all the way to the bridge.  They would like the town to accept and maintain that portion of the road.  Abutter Mr. Golden is going to provide an access to allow for 22 ft wide paved road/right-of-way. 

Any road where Town of Salisbury has maintained and would has access, will have to go before the Town Meeting to be accepted as a Town road.  


 

DE questions if Audubon Society/State owns land, how will the public access the 59 acre piece?

 

Mr. Bowden stated the 12 acre piece will be accessed from the rail trail.  Also, there will remain the 12 foot wide existing right-of-way across Mr. Renz’s land.   This right-of-way is point of contention with Mr. Renz, the applicants goal is to have him become a part of the process.

 

LC would like to see public access from rail trail to the upland acres.

 

LL motions to continue public hearing for Sub-Division of 14A Friedenfels

 

DE Seconds

 

Vote on motion 4 – 1 (DH abstained)

 

 

d.      SPR – Amin Nabhan, 11 Atlantic Ave.  Jim Babbin of Millennium Engineering representing applicant for project.  Basically, revised plans dated 6/27/06 for condo association for six units with parking under structure.  Roof drainage to go under ground.  ZBA variance received for height due to elevator shaft.  Top of building (elevator shaft) is 37’ 8”.  Parking spaces are 19.5 x 9.5.  On 6/28/06, BOH has reviewed the revised plans for water and trash (inside trash room) now shown on plans.

 

LL motions that public hearing for SPR for 11 Atlantic Ave. be continued until July 26, 2006. 

 

DH seconds

 

Vote on motion 4 -1 (DE opposed)

 

 

4.      Correspondence

 

DE motions to approve Planning Board minutes from 6/14/2006

 

RS Seconds

 

Vote on motion 4 – 1 (DH abstained) motion passes

 


 

5.      Adjournment:

 

 

RS motions to adjourn meeting at 9:55 p.m.

 

DH Seconds

 

Vote on motion 5 – 0 motion passes

 

Meeting is adjourned

 

 

 

 

 

 

 

 

 

 

Minutes Approved by:                                                      Date: