Salisbury
Planning Board Minutes
Public
Hearing & Regular Meeting
Wednesday,
December 13, 2006
Members
Present: Larry Cuddire, Chairman (LC), Lisa Lane
(LL), David Holscher(DH), Robert Straubel, Vice Chairman (RS), Don Egan (DE) and
Isa Cann, (IC)
Also
Present:
Leah Hill, Asst. Planner, and Pat Banfield, Secretary
Meeting
Opened at 7:00 P.M.
a. Covenant
– Crooks - The planning board agreed to sign the Crooks sub division covenant
now that it has been reviewed by town
counsel.
DE
motions
to approve and sign Crooks covenant as presented.
LL
Seconds
Vote
on motion 4 - 0
b. ANR -
Brenda Chouinard, 54 Main St. Jim
Babbin of Millenium Engineering represented applicant. He stated applicant wishes to eliminate
a lot line and make lot line adjustment.
All have adequate frontage and acreage. Also, MVPC have accepted the
digital submission.
RS
motions
to endorse the plan as presented.
DH
Seconds
Vote
on motion 5 – 0
c. ANR –
R. Tindle, 116 Main St. The
applicant wishes to take one large lot and subdivide it into 3 lots. All lots would meet the required
frontage and acreage. MVPC has approved digital submissions.
RS
motions
to endorse plan as presented.
LL
Seconds
Vote
on motion 5 – 0
d. Minor
SPR, 29 Blacksnake Rd. R. Whitfield, the
board heard and approved applicants request for waivers at last meeting. ZBA approved applicants existing use of
location for a dog kennel. The
Whitfield’s are looking to construct a modular dog kennel in order to
consolidate all the dogs, not to increase the number of dogs being housed. The abutters were notified as part of
the ZBA proceedings. Parking will
be on the long driveway and is adequate.
This existing business (past 15 years) is located in R1 zone with a
special permit.
RS
motions we
approve Minor SPR as submitted.
LL
Seconds
Vote
on motion 5 – 0
e. Minor
SPR – S. Kuchar, (Stripers Restaurant) 175 Bridge Rd. Minor
Site Plan due to the construction being under 2500 sq ft threshold. Ron Laffley, of Fulcrum Engineering is
representing the applicant. Redoing
front entry way to provide for handicap accessibility, including a new sprinkler
system, new elevator, and a new staircase to comply with 7” risers. Also, a covered front deck off of
the bar, away from the dining area, to accommodate smokers. Also changed all bathrooms so they would
comply with ADA compliances.
RS
noted that the applicant’s are requesting waivers for parking, rubbish storage,
lighting and existing conditions.
DH
motions board
grant all waivers requested on plan.
LL
Seconds
Vote
on motion 5 – 0
RS
motions that the
board approve SPR for 175 Bridge Rd. as
submitted.
DH
seconds
Vote
on motion 5 – 0
a. 154 –
156 Bridge Road, S. Ferrandi, LC, chairman stated
that the board received a letter from applicant for a continuance to the
January 10, 2007 Planning Board meeting.
DH
motions
to continue public hearing for SPR on 154-156 Bridge Rd., until January 10, 2007
meeting.
RS
Seconds
Vote
on motion 5 – 0
b. SPR/Special
Permit - 163 Elm Street, Mark Cardillo, (Cardillo Development Realty Trust)
Brian
Knowles of Apple Assoc. presenting for the applicant. LC commented that the Town’s DPW
& Sewer departments are considering bringing in a major sewer interceptor
from Elm St. to the plant. This may
be a good opportunity to do this with an advantage for the applicant and the
Town. Don Levesque and LC
walked part of the site and DPW wants to further evaluate and return to the
January 10th Planning Board meeting with a more definitive decision
about bringing a sewer interceptor down the road proposed in the plan. Brian Knowles suggest they set up a
meeting to meet with Don and discuss the possibility.
According
to Brian Knowles, of Apple Assoc., a proposal has been submitted to National
Heritage, but approval has not been received yet. Also, a Landscape Architect is reviewing
the entire site. The applicant has
met with Mass Highway to discuss project and change Elm St. entrance. The
project now has a small island in between building one and parking area #1. As a result, no vehicles will be backing
out on to Elm St. However, the
clockwise traffic flow around the island may impede traffic entering and leaving
the proposed site. The applicant
will investigate the possibility of changing this traffic flow, to avoid
impediments to exiting traffic.
Applicant
has removed all parking from behind building #5, as National Heritage wanted to
see 200 ft buffer from marsh land.
He’ll get back to National Heritage with revised
plans.
LC
questions if they have adequate spaces around building #6 for equipment? Applicant is confined by wetland
for parking and storing equipment.
We want to ensure that there is adequate space for
equipment.
DE
would like to see pedestrian access throughout entire site. Also questions if applicant is planning
on granite curbing?
RS
is it possible to show proposed trail on drawings? Applicant agreed to add trail
locations.
LC
questions total number of tenants? Up to 23 units max.
LC
comments that applicant has reduced roof (run-off) areas by dropping the
building sizes. Also, some of the
snow load areas have been changed on plans.
Brian
Knowles states that copies of revised plans have been dropped off at Town
Engineer, J. Serwatka’s P O Box for his review.
RS
motions to continue public hearing for SPR/Special Permit for 163 Elm St.
until January 10th, 2007 in order for applicant to address the new
issues.
DH
Seconds
Vote
on motion 5 – 0
c. SPR -
119 Atlantic Ave., J. Giarusso –
Jim
Babbin of Millenium Engineering spoke on behalf of the applicant. He stated, applicant’s 3-story home was
heavily damaged by fire. ZBA
finding was (previous exist – non-conforming) on behalf of applicant to continue
3-family use. Order of condition
recorded at registry of deeds for an 80 x 160 foot lot. Concom approval (order of condition) has
been received by applicant. Also,
this site is located in the R-3 (high density)
Zone.
Board
of Appeals finding #05-138 is based on Millenium plan dated 6/23/05
#M051829
DE
comments
on the need for a waiver for stacked parking. He also states that applicant should
only build a maximum 2 family dwelling in this (R-3) single family
district. In addition, the fact
that approval for the site plan was given in the past, does not mean that it is
correct or consistent with zoning requirements.
DE
– ZBA should have given a variance not a finding.
LC
states that we will need a letter from the ZBA stating that their letter
constitutes a variance/finding.
The
applicant states that they were instructed by the Building Inspector to seek a
finding by the ZBA and then present the plan to the Planning Board in order to
construct a new three-family dwelling on the site.
LH
on
behalf of the Planning Board to send letter to Ken Surrette, Building Inspector
requesting clarification of his instructions to the applicant and his
interpretation of the permits required. Also, Planning Board to have staff
determine along with Town Manager and have Town Counsel investigate how long the
ZBA finding is good for.
B.
Lee, abutter at 124 Atlantic Ave has no objection to the
project.
V.
Barrett-Troisi, also abutter has no objection to this
project
DH
motions
for continuance of public hearing to January 10th Planning Board
meeting.
LL
Seconds
Vote
on motion 5 – 0
d. SPR -
75 Main St., H. Fortin - The
applicant is proposing to raze the existing building a half story and add a 1.5
story addition to the clubhouse and a seasonal batting cage area.
The
Planning Board specifies that the proposed addition will only be used for
commercial use, (not residential). Also, approval is conditional on adding
drain in the middle of paved area, which is not presently on the plan and the
Board of Health approval.
RS
motions
to approve SPR for 75 Main St., with additional drain included on
plan.
LL
Seconds
Vote
on motion 5 – 0
5. Other
Business
a. Request
for release of bond for Pails Drive, by Ferry Road.
LLC
DE
motions to
release Palis Drive bond after outstanding bills for Concom and Town Engineer
review have been paid.
DH
Seconds
Vote
on motion 5 – 0
b. Request
for release of bond for Corporal Patten Way – National
Grid is aware of the problem and its Town responsibility to have lights turned
on.
RS
motions to
release bond for Corporal Pattern Way after Town Engineer’s bill has been
paid.
DH
Seconds
Vote
on motion 5 – 0
c. Request
for Bond Reduction for Garafalo Drive – DPW
is ok with reduction.
DH
motions to
reduce bond to $190,000., as requested by applicant.
RS
Seconds
Vote
on motion 5 – 0
d. Request
for Certificate of Completion for 126 Rabbit Rd., Knight Oil – Joe
Serwatka, the Town Engineer recommends that the Planning Board request a
bond from the applicant for $30,000., including a detailed list of what actions
still need to be completed on project.
DE
questions if board can issue a conditional C of C for
applicant?
RS
motions
board to grant a “conditional” Certificate of Completion with receipt of the
requested $30,000 bond.
DH
Seconds
Vote
on motion 5 – 0
e. Request
for Certificate of Completion for 9 Atlantic Ave., S. Parquette Occupancy
has been given to developers prior to receipt of a certificate of completion
from the Board. To date, the
developers owe inclusionary zoning funds to the town and have agreed to pay the
town $126,000.
DE
would like to see a list of all outstanding projects, pertaining to inclusionary
zoning funds, from the Building Inspector.
DE
motions that
Planning Board postpone consideration of Certificate of Completion for this
project pending Planning Dept. finding out if any units have been sold.
RS
Seconds
Vote
on motion 4 – 1 (LL opposed)
f.
Request
for Certificate of Completion for 147 Bridge Rd., A. Arash - Steve
Sawyer, Engineer and R. Laffley representing applicant. Engineer discussed what remains to
be done on guardrail system.
LC
feels
that applicant needs to file an amendment to original pla
DE
motions postpone
discussion on request for Certificate of Completion pending receipt of Town
Engineer’s comments along with a modified site plan received from applicant.
Planning Board continued hearing to January 10, 2007.
LL
Seconds
Vote
on motion 5 – 0
g. Request
for Street name change by T. Saab.
from
McCarthy Way to Sunset View Lane.
(FYI - No formal approval required)
h. SPR
amendment plans for Maris Center, 197 Elm St. Randy Johnson, partner/applicant
states they have previously addressed all of Town Engineer’s comments. There is a handicapped stall, which
connects to a walk which is an adequate solution. The situation is vastly improved from
the initial plan. Applicant feels
it is a radical improvement from the initial plan.
RS
does not feel that the town could possibly be held liable, for this handicapped
access walkway.
DE
feels that the applicant did what the board asked for on the amended site
plan.
DE
motions
to approve amended site plan as presented.
RS
Seconds
Vote
on motion 5 – 0
6. Correspondence:
a. RS
motions
to accept Planning Board Minutes from November 8th to be approved &
signed.
DH
Seconds
Vote
on motion 5 – 0 unanimous.
7. Adjournment:
DH
Motion to adjourn
RS
Seconds
Vote
on motion 5 – 0 unanimous.
Meeting
adjourned at 10:10 P.M.
Minutes
Approved By:_____________________________ Date:___________