Salisbury Planning Board Minutes

Public Hearings & Regular Meeting

Wednesday, August 9, 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 7:00 p.m.   

 

1.      New Business - Building Permits /Plans

 

 

a.      Building Permit – Amin Nabhan, 11 Atlantic Ave., Planning Board signed building permit for project.

 

b.     ANR – Maria & Jose Soares, 44 Ferry Road,   P. J.  Mercier of Millenium Engineer was present representing applicant.  He stated that according to ML 81L applicant can subdivide lot into two.  Two dwellings on this one property, a trailer is on the left and house in on the right.  One lot will have necessary frontage of 150 feet, but the other will be under required frontage at 93 feet.  MVPC has approved the digital submission.

 

LL feels both lot (sizes) should be more equitable

DE questions getting a legal opinion from town counsel. 

 

RS states that this subdivision is not bound by zoning by-law, due to pre-existing of both dwellings before laws were in effect.  Briefly, according to ML 81L, the applicant is allowed to subdivide anyway they choose.

 

RS motions that we endorse ANR and sign plans.

 

DE Seconds

 

Vote on motion 4 – 1 (LL opposed)

 

c.      ANR – Wayne Capolupo, 98 Elm Street – Applicant would like to withdraw application and reassess project.

 

RS motions to allow applicant to withdraw ANR

 

DH Seconds

 

Vote on motion 5 – 0 motion passes         


2.      Correspondence

 

LL Motion to accept and sign Planning Board Minutes from July 26, 2006

 

RS Seconds

 

Vote on motion 5 – 0 motion passes

 

 

3.      7:30 PM Public Hearings

 

a.      Cont. SPR – Wave Properties, 16 Cable Ave. – Jim Babbin, of Millennium Engineering was not present. 

 

Initially, DE motioned to deny SP approval based on the incomplete submission of the project.  

 

LL Second (withdrawn)

 

DE amended motion to accept a signed letter for extension for SPR for 16 Cable Ave through September 30, 2006.  Also motion to include a letter to the applicant stating boards concern and thinking, and that the public hearing has been continued until next meeting, August 23rd. 2006.

 

RS Seconds

 

Vote on motion 4 – 0 (DH abstained)

 

 

4.      Other Business:

 

                  a.      Request for Certificate of Completion – Harold Nabhan, 5 O’clock Club project – James O’Leary, Atty., Dale Gienapp, Architects and T. Cook of SPS were present to address the boards concerns.  The board’s two concerns are (1) the egress off of the deck and (2) exposed pilings.   Mr. Nabhan is proceeding with the work that is unfinished at the 5 O’clock Club.  He would like to complete all the projects.  Difficulty in scheduling tradesmen to come out to the property.  Mr. Gienapp will address the life safety study and the swing of the doors to the outside deck and the panic bar location has to be changed.  One of the incomplete items is the 2nd railing, which has been completed this week.  Also, adding an additional exterior door to the north side of the club and cleaning up the store front in the vacant part of the building.  

 

DE and LL both revisited the issue of adding exterior stairs from the deck directly to the beach below.  Architect, Dale Gienapp stated that patrons could safely exit the deck via the north and south exits that lead to the club’s interior.  Also, Mr. Gienapp stated that relocation of crash bar doors to open into building from deck will be addressed.

 

RS questioned how would people get off the deck if they could not go through the building? Board members wanted to see some sort of emergency egress directly from the deck.

The Planning Board noted that Mr. Nabhan has failed to comply with the formal “life safety study” and the removal of the exposed pilings.  According to the towns zoning bylaws, the planning board has the authority to make conditions that require off-site improvements for public safety reasons; therefore, Mr. Nabhan is still responsible for the removal of the pilings, even though they are not on his land.  Mr. Gienapp states that the Town would need to request state permits for the removal of the pilings.  

 

Comment from public-Mary Cuddire questions if there was some sort of ladder that could be utilized on the deck that could be used in case of a fire.  According to Mr. Gienapp, this would not be considered a legal means of egress. 

 

Comment from public-Angel Chiaramida questions “Life Safety Study” and “Exit designed” off the deck.  Mr. Cook of SPS stated the design was to code.  Also, Angel questioned if the Salisbury Fire Department equipment would be able to access people on the deck in case of emergency?

 

Mr. Gienapp stated that the doors entering onto the deck were not installed as shown on the drawing presented with the Chapter 34 Code Review that his firm prepared for Mr. Nabhan.  Specifically, because the building inspector specified and approved this configuration, the doors open outward onto the deck rather than inward toward the building.  Mr. Nabhan wants to achieve the level of safety for this deck as defined in the Chapter 34 Code Review.  Therefore, the doors will be changed and reinstalled to swing in towards the restaurant as that is the means of egress.

 

LC questions if the applicant could be ready and have all issues completed by the next meeting on August 23rd.   Applicant’s Atty. O’Leary could not ensure that the doors would be completed by that date.

 

The Planning Board will continue discussion on the approval of the Certificate of Compliance for the 5 O’Clock property at the next Planning Board meeting on August 23, 2006.

 

 

5.      Adjournment:

 

 

DE motions to adjourn meeting at 8:45 p.m.

 

RS Seconds

 

Vote on motion 5 – 0 motion passes

 

Meeting is adjourned

 

 

 

 

 

 

Minutes Approved by:                                                      Date: