Salisbury Planning Board Minutes 

Public Hearing & Regular Meeting

Wednesday, January 31, 2007

 

 

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

 

Absent: Isa Cann

 

Also Present: Leah Hill, Asst. Planner, and Agnes Donovan, ConCojjmSecretary

 

Meeting Opened at 7:00 P.M.

 

1.      7:00 New Business

 

a.      Sign Plans/Permits- Re-Sign ANR-A Subdivision of South Ocean

            Front Way –  LC stated this was approved in the past. Leah Hill provided brief background including that this is a lot number change. LC recommended signing.

             

 

b.     Minor SPR-63 Elm Street-Merrimack River Feline Rescue – LC asked if anyone present to represent applicant. No one appeared. LC stated that this was enclosing an existing deck. DE stated he has no issues.

 

DE motions to approve the application as presented.

 

LL Seconds

 

Vote on motion 5 – 0 (unanimous)

 

c.      Request for Cert of Completion-147 Bridge Road-Ahmad Arash – Mr. Arash appeared before the Board. He stated the signs will go in on February 15th  and that he plans to open on March 1, 2007.  RS questioned curbed islands. Mr. Arash stated he has a cost of $920. for the plants and will give $1,000 cash.  DE questions the signs including entrance and exit signs. DE questions the striping of parking lot.  Mr. Arash said this was done.  Leah Hill stated that this was a partial.  RS stated that Leah Hill will do the inspection of the signs and plantings.

 

RS motions to agree to sign the CoC provided the applicant provides a $1,000 cash bond to guarantee signs, and plants in the spring.

 

DE seconds.

 

Vote on motion 5 – 0 (unanimous)

 

 

 

d.     Master Plan Discussion -– LC stated the Planning Board is in charge of the Master Plan.  LC stated the Planning Board will develop the documents for the proposal. There will be an ad-hoc advisory council to provide input.  LC stated that, ultimately, it will be the Planning Board which will approve the Master Plan.  It may take 1 ˝ to 2 years to complete.  

 

LC recommended that RS head the Master Plan Advisory Committee (MPAC).  LC appealed to the audience to apply to Town Hall to become a member of the MPAC. In addition, there will be opportunities to serve on sub-committees.  DE said that the work Community Development Committee did, was a great start.

 

DE motions that RS be Chairman of the MPAC.

DH seconds.

Vote on motion 5 – 0 (unanimous)

 

 

2.      Other Business:

 

LC asked the audience if they had any questions or comments for discussion.  Susan Busic of 595 North End Avenue stated she was waiting for a Certificate of Conservation. DE asked her to submit a Certificate of Compliance. RS asked her if she was being adversely affected.  Ms. Busic stated that there is flooding.  DE advised her to go the Conservation Agent and ask for an Enforcement Order.  LC advised Ms. Busic she may have to speak to her condo association.

 

 

3.      Public Hearing 7:30 P.M. -– LC opened the Public Hearings. 

 

a.      SPR/Special Permit 163 Elm St. Mark Cardillo -– Brian Knowles and Paul Alluni of Apple presenting for the applicant.  Brian reviewed the revised landscape plan. LC asked what is the entrance width and Brian replied 90 feet.  DE questioned the islands and asked how long and Brian replied five feet. DE asked if the parking spaces conform to state regulations and Brian said they are one foot wider. DE asked if the Board had a copy of this plan and was told yes.  DE asked if there would be trees on the dividers and BK replied yes.  DE questioned the curbing and Brian replied by referring to the plan.

 

RS thought the curbing was to be granite but sees that it is bituminous. Brian mentioned cost and the fact that the road is to be private. RS confirmed that there is another plan revision dated today. DE confirmed that there was a middle street turn. Brian said the sidewalk on private place is four feet.  Also they met with Don Levesque and that the applicant is providing a 20 foot easement for the water line.  DE questioned the location of the sidewalks and made the observation that people use sidewalks for recreation.  RS questioned the rail trail which he thought would wrap around the curve in the rad and continue to the last building at the end of the road.  RS mentioned concern for the safety of pedestrians who may be walking on the road and not be seen by trucks rounding the curve.  RS asked the use of Building 3 and was told that Mr. Cardillo and his tenants will use this building. LC questioned building 6. Mark Cardillo sated that Building 5 and 6 are a long way off. Mr. Cardillo stated he plans to build the first three buildings and then go forward.  RS confirmed that buildings 1, 2 and 3 are in the first phase. RS asked if the Natural Heritage concerns are finalized.  Brian said Natural Heritage came back with a “No Take” decision. 

 

LC asked if there was a lighting plan.  Paul Alluni showed on plan. DE questioned if they responded to Joe Serwatka’s concerns. Brian said they want to meet with Joe Serwatka.  LC said in the approval conditions it is going to be a dead end road.  DH asked what they had from Conservation. Mark Cardillo said they have an ORAD which has to be reviewed every three years.  DE asked if there would be a vote tonight.  LC stated he wants to get ready so the Board can vote at the next meeting.  LC wants to have all the issues on the table.  LC asked what building they were seeking a Special Permit for and Mr. Cardillo said Building 3.  DE said we cannot issue a Special Permit without knowing the use and a Special Permit is still an issue. LC said they will want to condition the easement.  LC said there is an issue with the name Joseph’s Way as the DPW director does not like first names and would prefer a commercial sounding name. DE said he would defer to RS on the sidewalk and trail issues. RS stated he feels there should be sidewalks throughout.  DE said the heavy use of vehicles is a safety issue and recommended they make safer.  RS questioned the storage and service of tractor trailers. LC asked if they could delineate the road – something like a rumble strip. LC suggested they give some consideration to delineation.  LC said they will develop an Order of Conditions.

 

Leah Hill stated we would need an extension if this goes past February 28th.  LC requested they submit an extension to March.

 

LL motions that this be continued to February 28, 2007.

DH seconds.

Vote on motion 5 – 0 (unanimous)

 

 

b.     SPR – 191 Beach Road – Salisbury Amusements LLC -–  Dennis Quintal, Engineer, Jack McEihinney, Esq., Attorney, and David Chilinski, Architect for the applicant appeared with Neil and Daniel Goldman.

 

Jack McEihinney presented the revised plans. He stated they are not fully engineered yet but that he was looking for a consensus if they were going in the right direction. Dave Chilinski reviewed the plans stating they represent 60% open space. Dennis Qunital showed the existing condition plans and addressed stormwater mitigation. He said Joe Serwatka has reviewed and approved the stormwater management plan.  Dave Chilinski reviewed previous plans and changes.  He said the plans showed new thoughts, that they change the alignment of the amenity building, that there are changes to the front of the building, the end of the structure have been re-designed to 35’ feet high, and that now there are some 1 bedroom units.  LC stated he waived the rule and was allowing changes to be presented. LC stated that the DPW Director was not accepting the street name.   RS asked who would own the roads. Mr. McEihinney said the Building Association. DE said he would like the street names to incorporate a coastal theme. RS questioned the building height and said the 35’ height restriction is a zoning regulation. Jack McEihinney stated that he thinks they have a more desirable project.  DE said the Boards need to be careful and conform to Zoning regulations and site plan review. Also this project is in a 35’ foot zoning area and we need to be mindful of that going forward. DE stated he does not think the 45 foot variance is applicable here. DE questioned the 60% open space and asked if they were including parking and the non buildable area. The response was yes.  RS stated he understood the economic drive to develop a plan that incorporated 210 units and that to maintain the open space a height variance may be needed.  LC said we need to continue to February 14th and we appreciate you working with the town.   Mr. McEihinney asked if they would be more comfortable if ZBA grants a variance.  DE said the Planning Board has a right to appeal ZBA decisions.  Mr. McEihinney stated that if they go forward with a flat roof plan nobody would be happy.  DH questioned the traffic flow and the parking entrance.  Mr. Chilinski referred to the plans. DH questioned the intermittent streams.  Mr. Qunital showed on the plans.  

 

LC stated that Lisa Lane certified that she has read the minutes and listened to the tape and is eligible to vote on this project.

 

RS motions that we continue the hearing until February 14, 2007.

DH Seconds

Vote on motion 5 – 0 unanimous

 

 

c.      SPR – 154, 156 Bridge Rd. Sal Ferrandi -– Jeffrey Kucukistipanoglu of Apple presented for the applicant. Mr. Kucukistipanoglu stated they were waiting for architectural plans.  Mr. Kucukistipanoglu reviewed the proposed three story commercial project including the 21’ overhang in the front of the building, 31 parking places, two water lines, retaining wall, sidewalks, and handicap ramps. RS asked what the height is and Mr. Kucukistipanoglu said they want to keep the height to 35 feet.  LC asked if this goes back to the rail trail and was told no. RS stated that Joe Serwatka has parking concerns. RS asked how many units and was told six.  RS asked what the use would be and was told professional use.  LL asked what the size of the building is and was told 82’ on the second and third floors and 61’ x 96’ on first floor.  

 

LC asked if there was space in the rear for parking. Mr. Kucukistipanoglu said wetlands are there.  DE said the Board encourages parking on the side or in the rear of buildings.  DE said the 20 foot overhang is unusual. DE asked if there would be retail activity on the first floor. Sal Ferrandi said he plans to market this as a professional building. DE said this is not consistent with our rules for parking. DH asked if the overhang could be done in the back of the building ipo the front. Mr. Kucukistipanoglu said there were problems with wetlands and vehicles in the buffer zone. 

 

DE stated a concern with the north and south views. RS said he was looking for floor plans. Sal Ferrandi said he was selling the floor as a whole. RS asked if a single floor would be a unit, and questions whether or not it is possible for the board to determine how many actual units are involved without a floor plan.  Also, the number of parking spaces required by the zoning by-law is 5 per unit and RS believes that the number of units proposed for this project is very arbitrary and unrealistic.  LC asked if they could angle park. Mr. Kucukistipanoglu said ConCom thought too aggressive towards the wetlands. LC said the Board will have to look at this project. RS said he does not plan to waive the floor plan.  An abutter stated that the front was filled, and that NAPA and Angelina’s are on pilings. Mr. Kucukistipanoglu said they have structural plans. Sal Ferrandi asked where they go now and asked what if they eliminate the 4,000 overhang square feet building space. RS said it would help. LC said they will look at the new plans.

 

DE motions that we continue hearing until February 14, 2007.

DH Seconds

Vote on motion 5 – 0 unanimous

 

d.     Preliminary Subdivision (Form B)-113 Forest Road-Matt Palis

 

LC stated that Lisa Lane certified that she has reviewed the audio tape and the minutes so she can be a voting member of this transaction. 

 

Brian Knowles of Apple presented for the applicant.  Mr. Knowles reviewed revised plans with the Board.  DE asked if the lot line was changed. Mr. Knowles said they pulled away from. RS asked if the deed had any easements. Mr. Knowles said no. Mr. Knowles said the plan has not been submitted to Don Levesque yet.  RS said the Assessor’s map shows one lot line not surveyed and questioned if the lot lines for the proposed project allow any direct access to the Forest Road ROW.  RS believes that an independent survey is needed to determine whether or not the project has access to Forest Rd.  LC stated there are abutters’ issues and the staff recommends an independent survey. LC said the road way needs to be fixed so all abutters have frontage. If there is an FRD then the applicant must abide by the FRD.  DE said it is the responsibility of the abutters to prove to the town that there is a problem. RS said that the so-called “Stagecoach Rd.” abutters have the right to use the old road is between the abutters and Mr. Palis, the developer. The abutters voiced concern over the cul-de-sac limiting their right to use the old road to access their property, the ability to walk to end of the road, and the stopping of the road.  RS said the town never considered it a road. LC said if you have records bring them to the assessors and show it has been a road.  LC said we cannot create a road. LC said a third party survey needs to be done.  LL said Stage Coach way needs to be clarified.

 

Abutters in attendance:  George and Priscilla  Frothingham,  Alfred Gavin, Donald F.  Pike, Winfred G. Pike, and S. Boldic, and Pat Fowler.

 

DE motions that we continue public hearing until February 14, 2007, and that applicant submit an extension for Form B.

 

RS Seconds

 

Vote on motion 5 – 0 unanimous

 

 

e.      Definitive Subdivision (Form C)-12 Rabbit Road- Jim Vaughn 

 

Jim Babbin of Millennium Engineering requested that this project be moved to the first item at the next meeting.  

.

LL motions that we continue the hearing for 12 Rabbit Road until February 14, 2007.

 

DH Seconds

 

Vote on motion 5 – 0 unanimous

 

 

4.      Correspondence:

 

a.   Planning Board minutes from 12/13/06 & 1/10/07

 

DH motions to accept Planning Board Minutes from December 13, 2006 to be approved and signed.

 

LL Seconds

 

Vote on motion 5 – 0 motion passes

 

DH motions to accept Planning Board Minutes from January 10, 2007 to be approved and signed.

 

RS Seconds

 

Vote on motion 4 – 0 motion passes (LL abstained)

 

 

5.      Reports of Committees: 

 

Merrimack Valley Planning Commission -–  RS said the MVPC elected a new Director, Dennis A. DiZiglio,  who plans to meet with each Planning Board.

 

Leah Hill stated that she, Jerry Klima, and RS attended a meeting for transportation funding for 2008.  The projects that are currently listed on the Transportation Improvement Project List are Route 1 paving, and the Rail Trail.

 

RS said there is an initiative with Mass Highway to improve the Main St., Rabbit Road, and High Street intersection.

 

Leah Hill reminded the Board of the Annual Conference and asked the Board members to let her know what session they would like to attend.

 

 

6.      Adjournment:

 

LL  Motions to adjourn

 

RS  Seconds  

 

Vote on motion 5 – 0 unanimous.

 

 

Meeting adjourned at 10:10 P.M.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Minutes Approved By:_____________________________   Date:___________