Salisbury Planning Board Minutes

Public Hearing & Regular Meeting

Wednesday, February 28, 2007

 

 

Members Present:  Larry Cuddire, Chairman (LC), Robert Straubel, Vice Chairman (RS), David Holscher (DH),  Lisa Lane (LL), and  Isa Cann (IC)  

 

Absent:  Don Egan 

 

Also Present: Leah Hill (LH), Asst. Planner, and Agnes Donovan, ConCom Secretary

 

 

Meeting Opened at 7:00 P.M.

            Chairman Cuddire called the meeting to Order at 7:00 p.m.

 

1. 7:00 New Business

 

a.  Sign Plans/Permits -  None presented

 

b.  Master Plan- Appoint “Executive Steering Committee”-  RS stated that he agreed that the Executive Steering Committee should consist of seven members.  Those members may be Bob Straubel, Jerry Klima, Ed Hunt, Bev Gulazian, Louis Masiello, Tim Mulcahy, and Sally Laffley.  Letters will be sent to the above asking them to serve on the Executive Steering Committee. IC asked what were the strengths/criteria for choosing these individuals to be on the Executive Steering Committee.  RS stated he was looking for a cross section and a workable number. He picked these individuals from those who said they were interested.   LC said eighteen to twenty individuals said they were interested. IC said she would like to see the members have practical background in Smart Growth.  LC said he was interested in community interest and that they will be putting out proposals for professionals/consultants. RS said he was hoping to get interest from all aspects of the community for this process.

 

DH mentioned having Project Management tools/techniques for this process, someone who could harness all the information and track the meetings.  LC asked if he was proposing project management charts. DH  showed sample charts to the Board which would help track, and  move the project  along.   RS said that this is what he wants.  RS asked DH what the software was and DH said it was Microsoft.  RS said he would see what we can work out and it would be good if the office also had this software.  RS stated that the first meeting will be March 19, 2007.

 

LC asked LH if we started an RFQ and LH said yes.  LC said to provide this to the Board for the next meeting. RS asked if we need Board approval on an RFQ or could this be sent via e-mail to the board.  DH asked what is the budget and LH said about $60,000. LH said hopefully she will send the RFQ out next week.             

RS motions that we request Jerry Klima, Ed Hunt, Bev Gulazian, Louis Masiello, Tim Mulcahy, and Sally Laffley to be on the Executive Steering Committee and that we send them a letter advising them of this request.  

 

DH seconds.

 

 In discussion, LC states that IC is the Alternate and can vote.

 

Vote on motion 5 – 0 (unanimous) 

 

 

c.  Discussion re. 98 Elm Street

 

Tom Cook was unable to attend tonight’s meeting and so this discussion will be at the March 14, 2007 meeting. LC stated that a letter was sent to Tom Cook, SPS, stating that they have commitments to keep prior to the Certificate of Occupancy being issued.  LC stated that it is his recollection that the parking, fencing, drainage, and moving the house for the parking lot were all to be complete. That parking across the street was not OK.  RS stated that the final plan was that the parking lot was to be completed and not done in phases.  LC asked that the minutes be pulled for the next meeting. 

 

2.  Old   Business – none discussed.

 

 

3.  7:30 PM Public Hearings

 

Chairman Cuddire opened the Meeting for Public Hearings at 7:30 p.m.

 

a. Cont - SPR-154-156 Bridge Road-Sal Ferrandi -  Jeffrey Kucukistipanoglu of Apple presented for the applicant. He stated that they have addressed the issues raised at previous meetings, reduced the size of the building to match up with parking spaces, and they are maximizing the back of the building. Mr. Kucukistipanoglu said the original building was to be three stories high and now it will only be two stories high; that it will be 94’x50’; that there will still be six units; that there will be thirty-two parking spots, and that five of the parking spaces will be handicap.  Eight of these spots including the handicap spots will be in front.  Mr. Kucukistipanoglu showed the Board where on the plans.  He said they will require two curb cuts for the site.  Mr. Kucukistipanoglu reviewed the plantings that will be in various places on the parcel, also that the plantings are now out of the state road and instead on the site. LC asked about the dumpster location and Mr. Kucukistipanoglu showed where it would be located on the plans.  The dumpster will be behind the building.  LC asked if it was five spots per unit and Mr. Kucukistipanoglu said yes. RS said there should be one space for each three hundred square feet. RS said he thinks this is a better configuration.  LC asked what they were using for curbs. Mr.  Kucukistipanoglu said bituminous or granite.  RS said to think about granite.  LC said this shows improvement.  Mr. Kucukistipanoglu asked for a non binding affirmation from the Board of the revised layout.  RS said that it meets most objectives; that the parking is fine; he likes the screening in front; the traffic flow seems better, and that this layout makes more sense.  LC stated that DH reviewed the audio and examined all evidence from the February 14th meeting and can vote because of the Mullin’s Rule.  LC said he has safety concerns and wants signs for the building.  RS questioned the width on the south side for one way and was told twelve and a half feet.  LC asked what was the size of the parking spaces and Mr. Kucukistipanoglu said 10’ x 20’.  LC said he wants to see Architectural plans, the Engineering comments, and the utilities.  LC asked if they had gone through ConCom and Jeff Kucukistipanoglu said not yet.  LC asked about pavers and Mr. Kucukistipanoglu showed on plans.  LC said the building is sized for the site, that it fits in with its neighbors, and that this is a good direction to go in.  RS asked if they were still requesting waivers on the floor plans and Mr.  Kucukistipanoglu said no.  Mr. Kucukistipanoglu asked for a one month continuance.

 

RS motions to Continue SPR-154-156 Bridge Road-Sal Ferrandi to March 28, 2007 at 7:30 p.m.

 

DH seconds.

 

Vote on motion 5 – 0 (unanimous) 

 

 

b. Cont-SPR/Special Permit-163 Elm-Mark Cardillo

 

Brian Knowles (BK) of Apple presented for the applicant.  BK stated he met with Don Levesque. BK reviewed the plans showing where the granite curbing will be placed.  RS asked about the island and BK said they are proposing bituminous. BK said Don Levesque wanted pavement markings. RS asked if the applicant would be granting an easement for the sewer. BK said they will provide a 20 foot easement.  BK reviewed the guard rail detail, signage, street sweeping and lighting.  BK reviewed the uplands for LC.  BK  reviewed access to replication area, the trail near Building 3, and showed the parking areas.  LC asked the scheme to delineate the road between Building 3.  BK showed details on the sheets and said there will be reflective markers in the street.   RS questioned the notes on Page 18.  LC asked about irrigation.  BK said they will irrigate the planted areas.  RS confirmed that they were using the February 15th plan revisions. RS questioned the reflective markers and plan notes/detail.  BK referred RS to Page 19 of the plans.  LC questioned the street name and Commerce Way and Independence Park were mentioned. LH said Commerce Way does not work.  LC said the pump station design must be reviewed by Don Levesque.  LC asked if they submitted the plans to Mass Highway.  BK said the changes reflect the meeting with Mass Highway. LC asked about Special Permits.  RS stated that originally he was under the impression that they were asking special permits for only Building 6.  RS asked if they now want special permits for buildings two, three, four, and five.  BK confirmed they want the special permits for buildings two, three, four and five.  RS stated they do not know the use of the buildings. Mark Cardillo said potential tenants may require special permits. RS voiced concerns for special permits questioning the target use, hidden storage, and outside use.

 

LC asked if they were satisfied with the draft conditions. BK questioned the infrastructure fee. LC said this needs to be clarified. RS said each hook-up depends on tenants. LC said they have a formula. BK questioned the bond. LH said it was for infrastructure for the project and for Mass Highway. Mark Cardillo said Mass Highway has its own bond. LC said the Board will see if they can obtain information and clarify.  RS questioned that all the curbing will be granite as the plans show the curbing as bituminous.  Mark Cardillo said other sites do not have granite. RS said bituminous curbs are known to have short life and be more expensive in long run. Mark Cardillo asked who would repair and mentioned cost.  RS said the Board really wanted curbing along the whole length of the road and that the plans should show all granite curbing.  Lisa Lane asked if the Board was asking for granite curbing for the whole site and RS said yes.  IC said she would be OK if it was granite for just the front portion but not if it jeopardized other projects.  LC said we have to think about how we vote on granite curbing.   LC said RS is not alone on requesting granite.  RS said it could be with sloped granite to the end of Building 2.  LC said outstanding issues include the granite, Bond, and infrastructure fees.  LL asked about signs and BK showed where they would be on the plans.

 

RS motions to Continue SPR/Special Permit-163 Elm-Mark Cardillo

to March 14, 2007 at 7:30 p.m.

 

DH seconds.

 

Vote on motion 5 – 0 (unanimous) 

 

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

 

Brian Murray (BM) and Jim Babbin appeared with Mr. Vaughn.   BM stated he has comments from Joe Serwatka and Don Levesque. BM plans to consider all comments, and resolve Joe Serwatka’s concerns before revising the plans.  He said that most of Joe Serwatka’s comments were about drainage.  BM said they plan to raise the road up about one foot.  BM reviewed the constructive wetlands on the plans and said there are now six but that they may relocate a constructive wetland.  BM said he met with ConCom who are agreeable.  BM said they plan to add an eighteen inch pipe across the roadway to prevent flooding but that it will not connect wetlands.  LC asked if the applicant had gone before water and sewer and was told not yet.  Jim Vaughn said there is a meeting set up for next week. Jim Babbin said they have not heard from the fire department.

 

BM saying it was a financial issue, asked if it would be possible to phase the roadway.  BM stated that for the first phase they would go as far as the sewer pump station and showed the location on the plans. RS asked if MEPA would approve phase one. BM said he expects they will approve. Jim Vaughn said it actually was a MEPA recommendation for a phase one waiver as MEPA has a problem with whole construction. RS said they need to talk to water and sewer. Jim Vaughn said he can’t get approval unless he has water and sewer.  RS asked if it was their intent to show this Board the entire road.  BM said they would show the Board the whole road. BM said they would like to get more buildable space.  Jim Vaughn said they have wetland issues. BM requested approval to go forward with Phase 1.

 

LC asked how they would bring in utilities and BM said underground. LC mentioned issues of having the rail trail resolved; more detail for the water layout including pipes and hydrants; wants to know about the sewer being complete including plans and contracts; wants to know about sidewalks; he wants to see full engineering drawings; and he wants the right to go over the information with the staff.  BM said they just received the water testing results and there is an existing eight inch pipe. Jim Vaughn said they are planning a twelve inch pipe. Jim Babbin said they need to review and discuss plans with Don Levesque.  LC said the Board will need something from Don Levesque. LC asked how many feet of road and how many feet in Phase one. The answers were 2500 feet for the whole road and 1500 feet in Phase one.  IC asked when they would receive MEPA approval and Jim Babbin said perhaps May. DH asked if they shorten up the road will they impact the wetlands, and will the wetlands shift. BM said they are not looking to touch the wetlands but they will talk to Conservation Commission and to MEPA.

BM said they are in the MEPA process.  IC asked what is a complete plan at this time and is there a time line to make this more efficient. Jim Babbin said it was in their benefit to get as much as possible in front of the Board.  Jim Vaughn said that MEPA wants conceptual maximum build out.  IC asked the Board what are their thoughts on what the applicant should present.  LC said to show it all as they will have to at some time. Jim Vaughn said lets talk about sidewalks. RS asked who will own the road.  Jim Vaughn said ConCom is not at all happy with sidewalks in a certain section of the site because it doubles the impact to the 25 foot border which BM showed on the plans. RS asked about an elevated boardwalk. Jim Babbin said it would still be an altercation and would have to be four feet.  Jim Vaughn asked what is the impetus for sidewalks. RS said developments should encourage more walking and not ask people to walk in a narrow width road. RS said if they build out, employees will need sidewalks so they will not be walking on the road. RS said employees may have to walk to get to work and it is not safe to walk in the roads. RS said they want a 2500 foot road and that is a lot of road with no sidewalk. Jim Vaughn said they visited other business parks and none had sidewalks.  RS asked if the Conservation Commission was saying they would not approve if there is a sidewalk. Jim Vaughn said they are not in favor of the impact. Jim Babbin said they are trying to hold to the twenty-five foot no disturb line. Jim Vaughn said they are trying to stick to a low impact design.  LC asked the Board members how they feel about a Phase 1 approval. RS said it seems reasonable. Jim Babbin showed where there would be a temporary cul- de- sac for turning around. Lisa Lane said she would be fine with Phase 1.  IC asked about LID, and about the quality of life, and said that people often want to walk.  Board members mentioned office parks in Westborough and the Timberland park and know that people walk in these office parks.  DH mentioned a safety concern if there are no sidewalks. Jim Vaughn said he is donating the rail trail and people can walk there. LH asked who will build rail trail and Jim Babbin said not us. LC said the actual construction was not discussed. Jim Vaughn said he might build the rail trail if he did not have to build sidewalks.

 

LC said there are several concerns including seeing if the Board is favorable to Phase 1; who is to build the rail trail; concerns over easements; concerns with water and sewer,  and also the sidewalks are an issue.

 

LL motions to Continue Definitive Subdivision (Form C)-12 Rabbit Road- Jim Vaughn to March 14, 2007 at 7:30 p.m.

 

RS seconds.

 

LC stated that DH reviewed the audio and examined all evidence from the February 14th meeting and can vote. 

Vote on motion 5 – 0 (unanimous) 

 

 

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

 

Brian Knowles of Apple appeared for the applicant.  BK said they were looking to extend the road 700 feet. Showing on the plans, BK said there is a 20 foot easement and not a twenty-five foot right of way and added language reflecting this in the plan notes.  BK said the issues with Mr. Pike are resolved.  BK said Joe Serwatka had comments to shift the road and that is done. BK reviewed the plans showing the septic, the basin, and the infiltration swales. Don Levesque submitted questions and concerns. BK showed the easement on the plans. RS asked who owns the land on the easement. RS confirmed that Lot E will be owned by the town.   RS asked if the town would have to maintain and BK said yes.  LC said we have action items. BK reviewed the four waivers. RS asked if he would be brining in water. BK said it would be up to the lot, he is not bringing water to all. LC asked if the Board of Health approved.  BK said one of their concerns was water. LH advised the Board that this was Preliminary. RS asked if they could extend Forest Road and stay on the applicant’s property.  RS, referring to the Assessor’s map, questioned Lot 81. RS said that the plans show a road to the east of Dowd’s property. RS said the corner piece was in question. RS had the assessor’s map and he and BK together reviewed and discussed the lot line.  RS confirmed with BK that Mr. Pike was satisfied. LL questioned the easement and BK showed this on the plans.  LL questioned the Right of way and width. BK showed on the plans and told LL the width was twenty-five feet. 

 

LC called on abutters.  Pat Fowler distributed a packet including deeds, pictures of a road, picture of foundation, and pictures of the by-way to the Board. RS asked Pat Fowler what she wanted.  Pat Fowler said she wants acknowledgement that there is a road.  LH stated she has an e-mail from Mr. George Frothingham and she read excerpts from that e-mail. In discussion, it was stated that if Mr. Frothingham or any other abutters make improvements they have to be to town standards. LL asked BK how the road will be built and BK said to town standards.

 

BK questioned utilities and the Board members stated they want underground utilities. LC stated a concern over water. RS said they have to bring out water. LC said they have to bring out water according to the Fire Department.  BK said he had no feedback on the width. LH asked what the deed said. LL said the deed did not state the width. RS said twenty five feet. LC said thirty feet would be more than adequate. It was stated that Cheryl Gillespie is investigating the road and doing title research.  BK said they are going to file an FRD special permit.  RS asked if there was 50% continuous open space property.  BK said the majority is upland.  LH read an excerpt from the FRD Open Space requirements. RS said when this is Definitive the applicant is to show calculations. RS said he was out there and took pictures. BK said he will work with Don Levesque on his issues.  LC asked will you go back and file for Definitive.

 

Waivers discussed but to be formally issued during definitive- 1.  town water needs to be brought to all lots  2.  utilities are to be underground  3.  length of road OK  4.  horizontal alignment of road, to be discussed during definitive

 

RS motions to Close the Preliminary Hearing.

 

LL seconds.

 

Vote on motion 5 – 0 (unanimous) 

                                                                                               

LH asked for clarification.  RS said we closed and BK is to file the Definitive Plans.

 

 

e. Cont-Preliminary Subdivision (Form B)-100 Forest Road-Allen Jarvis

 

Brian Knowles (BK) of Apple appeared for the applicant.  BK reviewed the plans for this six lot subdivision on 31 acres where the applicant is proposing to build six houses. BK stated each house would have 200 feet of frontage. BK reviewed the septic system on the plans including the pump system.  BK asked for a waiver of the road length, wishing to go to 1,700’ (above and beyond the allowed 600’). RS asked BK if there was any way to connect this. LC asked BK if he thought about putting in a small package sewer plant. LC asked if the Board of Health approved and BK said no. RS confirmed that this was a Preliminary plan. RS questioned the packaged treatment. LC asked how they would configure the road.  BK said he met with the Building inspector. BK said there is concern over the length of the road. BK handed out new plans and showed where the road would end and showed the shared common driveway on the plans.  LC questioned that there would be driveways off driveways. RS asked if Mr. Jarvis would give an easement for driveways.  BK said it would be written up. LC asked whose idea it was for the common driveway.  LC asked if it would remain underground utilities and BK said yes. LC asked if BK sent the plans to Joe Serwatka for his comments. BK said the original submittals were sent to Joe but not this newest plan showing the shared driveway.  LL said it appeared to be crazy lot lines on the proposed plan.  LH questioned if septic systems are allowed on easements and asked what happens if the owners of lot 5 install a fence. BK said Mr. Jarvis will have covenants for these lots.  LH asked if this type of situation would be covered.  LH asked if they could combine lots four and five. LC said he needs to have this go by Cheryl Gillespie.  RS said they are proposing a sub-division which requires Planning Board approval and he does not like the Plan. BK said the Board cannot deny for lot configuration and said he discussed the plans with the Building Inspector.  RS said the Building Inspector is only interested in the buildings.  LC said the Board does not like the proposal. RS said you are asking for road waivers. LH said the Planning Board has the discretion to shrink lots. LH said action is needed for this project on March 10th.   

 

RS motions to Continue Preliminary Subdivision (Form B)-100 Forest Road-Allen Jarvis to March 14, 2007 and that the Applicant is to grant an extension.

 

DH seconds.

 

Vote on motion 5 – 0 (unanimous) 

 

 

f. SPR-67 Main Street-David Prichard

 

Dennis Hammett (Hammett) and David Prichard appeared before the Board.  Mr. Hammett stated this is the site of Old Dudley Diner, and that the site previously had an automotive repair business. Mr. Hammett said that this site is being used to buy and sell trailer and trailer boxes and that the owner wants to sell and lease truck and trailers.  Mr. Hammett said they are proposing fencing to separate this property from the residential abutters. LC asked how high and Hammett said it would be a ten feet high chain link fence with plastic.  LC asked if he considered plantings. RS voiced a concern for more trucks and refrigerated units. The applicant, Dave Prichard, showed pictures of this site going back as far as 1979. LL asked what other business are on this site and questioned a Ryder sign. RS asked the applicant if he could do something in front on the road side.   LC asked the applicant if he could landscape the front and add some shrubs. David Prichard said yes.  David Prichard said trees may not grow on the abutters’ side as that side is shady.  RS stated he would like to see an improvement. LC asked if the applicant would provide a landscape plan.  

DH said that the fence should be on the trailer side and not the abutters’ side. DH said the fence would be easier to maintain on the trailer side.

 

An abutter, Suzanne Wilmot Perron, said she does not like the fence, she showed pictures of trees and said she would like the tree line to stay.  Mr. Fateux, another abutter spoke about cleaning up. Mr. Gagnon, another abutter said white pines would cut down on the noise.  Abutters mentioned concerns regarding the oversight of the business and that homeless people live there. In addition, a concern about fire was raised. Other abutters spoke in favor of having trees.

 

LC asked Mr. Prichard if he could police the site or could he park the trailers door to door. Mr. Prichard said he could padlock. LC requested trees and landscaping perhaps to include white pine, mountain laurel or Rhodedendrum. He recommended that the applicant get a landscape architect and come back with a landscape plan for the March 14th meeting.  Mr. Prichard mentioned a concern for his license.

 

RS motions to Continue 67 Main Street-David Prichard

to March 14, 2007 and the Applicant is to come back with a Landscape Plan.

 

DH seconds.

 

Vote on motion 5 – 0 (unanimous) 

 

 

4.  Other  Business – none discussed.

 

 

5.  Correspondence:

 

a.   Planning Board minutes from 1/31/07 & 2/14/07

 

DH motions to accept Planning Board Minutes from January 31, 2007 to be approved and signed.

LL Seconds

Vote on motion 4 – 0 motion passes    (IC abstains)

 

RS motions to accept Planning Board Minutes from February 14, 2007 to be approved and signed.

LL  Seconds

Vote on motion 4 – 0 motion passes (IC abstains)

 

 

 

 

 

 

 

 

 

 

 

 

6.  Reports of Committees

 

RS attended the Merrimack Valley Planning Commission Meeting last Thursday. At the meeting they presented information about LID.  RS will copy the handouts for the other Board members.

RS said that it is important to know how to use the Technical Assistance time available to the Board. 

RS stated that there may be grant money available for Master Plan Implementation. A notice is to come shortly. It may be possible that there will be money for consultants to come from the grant.

 

LH reminded the Board of the Annual Conference and asked the Board members to let her know what session they would like to attend by March 9th.

 

IC will attend the Conservation Commission conference this weekend in Worcester and asked if any members had any specific subject(s) they would like information on.  RS said he is interested in basic Conservation Commission law. LC said anything on LID as we need to know more about that subject. LC also requested any information on Packaged Sewer Treatment systems.

 

7.  Adjournment

 

RS  Motions to adjourn

 

DH  Seconds 

 

Vote on motion 5 – 0 unanimous.

 

Meeting adjourned at 10:05 P.M.

 

 

 

 

 

 

Minutes Approved By:_____________________________   Date:___________