Salisbury Planning Board Minutes 

Public Hearing & Regular Meeting

Wednesday, March 14, 2007

 

 

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

 

Also Present: Leah Hill, Assistant Planner, and Pat Banfield, Secretary

 

Meeting Opened at 7:00 P.M.

 

1.      New Business

 

a.      Sign Plans/Permits – None

 

b.     Discussion Re: SPR for 98 Elm Street – A letter was sent from the Planning Board, to Tom Cook, the engineer on this project; stating that the parking lot for this addition, would need to be completed prior to receiving a Certificate of Completion.  Tom Cook requested time on the agenda this evening to discuss the progress of this project.  Tom felt he had explained this situation during the review process, and had requested that the board allow them to finish the addition, and move the people into the new structure before tearing down 3 Bartlett and finishing the parking lot. 

 

LC stated the staff has reviewed all the minutes regarding this project, and there is nothing in the minutes stating that you requested this arrangement.

He feels that this parking situation would be unfair to the neighbors, where will your people park temporarily?

 

RS questions the timeline they are working under.  Also, at what point will you move or raze the old building and complete the parking lot?  He does not think this wrinkle was made clear at the beginning of the project. 

 

DE is their going to be more employees coming from somewhere else, and will there be a larger amount of cars. It seems we have to come up with a plan to ensure that this parking lot is going to be built.  This could be accomplished with a bond on the project.

 

LC recommends that Tom Cook meet with DPW, Don Levesque to develop a bond amount also, work with the staff to include planting and the expanded parking lot, and Don will let the board know the amount of the bond in writing. 


 

c.      ANR – 147 Bridge Rd – Ahmad Arash is present to receive endorsement on a Form A for a piece of land he is buying from Mr. Emerson.   The latest developments are that the strip of land Mr. Arash wants to purchase will make Mr. Emerson’s lot non-conforming.  Emerson can’t combine with his abutting lot because it is under a different trust, even though D. Emerson is the trustee for both. 

 

LC states one of the trusts needs to be dissolved, under the law it is considered two different owners.  An Attorney to record it at the Registry of Deeds under one trust.

 

DE motions to continue to next meeting on March 28

 

DH Seconds

 

Vote on motion 5 – 0 unanimous

 

2.      Other Business

 

a.      Adjust maximum housing contribution payment

 

DE motions that we adjust the maximum housing contribution payment to the Town of Salisbury, of $20,541. to be effective March 1, 2007.  RS Seconds

 

Vote on motion 5 – 0 unanimous

 

3.      Correspondence:

 

a.                  LC questions if everyone had reviewed Planning Board Minutes for February, 28, 2007.

DH Motions to accept minutes as presented, RS Seconds

Vote on the motion 5 – 0 unanimous

 

b.                 Mullin’s Rule – Don Egan, signed  4 waivers (one for each public hearing) stating that he had reviewed audio tapes and has examined all evidence which was presented at the Planning Board Meeting on February 28, 2007 for the public hearings for: 1. 154-156 Bridge Road 2. 12 Rabbit Road 3. 100 Forest Road 4. 67 Main Street

 

 

4.      Reports of Committee

 

Master Plan Update:  The first Committee Meeting is scheduled for Monday, March 19th at the Hilton Senior Center, from 6 – 8 p.m.  Twenty-One consultants have now requested RFQ for the Master Plan.  The due date is March 27, with interviews scheduled for April 4th.  The public is encouraged to attend these meetings.  Leah has created an information packet to hand out to the Committee members.  Please review and provide any input you feel appropriate.  RS stated that all Planning Board members are honorary members of the Master Plan Committee and are welcome to attend any and all of the Master Plan Meetings.  Also, Bernice McLaughlin, has been appointed as a member of the executive committee.

 

 

5.      Public Hearing 7:30 P.M.

 

a.      Cont. SPR/Special Permit for 163 Elm St., Mark Cardillo 

Brian Knowles of Apple Associates was present to present updates to the board.  Curbing discussion continued as to what station would be acceptable from Elm St.  Mr. Knowles suggested that sloped granite curbing would be installed to approximately station 770.  The Board agreed. Street name to be Independence Way.

 

Don Levesque, DPW has suggested a bond of $500,000. to complete the road, to the end of Building 3., which includes approximately 1100 feet of roadway.  Utilities lines will run from Elm Street all the way to building 3.

 

Attorney Bob Dushain discussed relative responsibilities of owner for a private road vs. a public road.

 

LL Motions that the board vote to grant a special permit for Building #3, also to include $300,000. bond for completion of the road, plus all Planning Board standard conditions which will be included in the decision.

 

DH Seconds

 

Vote on motion 4 – 0 (DE not eligible to vote)

 

RS motions to approve Site Plan for 163 Elm St. including latest plan detail sheet from Apple Associates, dated March 6, 2007.

 

DH Seconds

 

Vote on motion 4 – 0 (DE not eligible to vote)

 

b.     Cont. Definitive Subdivision (Form C) 12 Rabbit Rd. – Jim Vaughn  - The planning office has received a letter from Millennium Engineering, on behalf of True North LLC, requesting a continuance until March 28th, 2007

 

RS motions to continue Definitive Subdivision for 12 Rabbit Rd. until March 28, 2007.

 

DH Seconds

 

Vote on motion 5 – 0 unanimous

 

c.      Cont. SPR - 67 Main St., David Prichard - Cammett Engineering presented Landscape drawings, dated 3/8/07 for this site, with a detailed plant, tree & shrub list.

 

LC stated the board had three issues with this project; move fence to other side of tree line, increase safety of site by locking trailer doors and decide on bond amount for completion of landscaping.

 

Applicant has been in business for 40 years, and he is not concerned about a stranger moving in, or children playing around the trailers.  He really does not think it’s a major concern.

RS feels, for safety reasons, a 4 foot fence would stop anyone from just walking into the area. 

 

RS As the site will not require an occupancy permit, there will need to be a bond.  We have received an estimate for $20,000. for plantings around the site.  In the event, the plantings are not done by the Spring of 2007, the planning board would have the funds available to complete the planting in the fall of 2007.

 

Applicant agrees that the planting will be completed by June 1st. 2007.

 

The Cammett Engineering representative states that a professional landscaper will install all the plantings and guarantees that watering will be done regularly and consistently to ensure the plants catch and take hold on the site.   Water is available on the site at 67 Main St.

 

RS motions we accept site plan for 67 Main St. with a cash bond of $15,000.

Also, a percent of the bond will be forfeited if plantings need to be replaced by the Fall of 2007 and bond to be pulled if plantings not done by September 1, 2007.  Bond to be posted prior to issue of business license from selectmen.

 

LL Seconds

 

Vote on motion 5 – 0 unanimous

 

d.     Cont Prelim. Subdivision (Form B) 100 Forest Rd. A. Jarvis – Brian Knowles of Apple Associates.  The Initial road proposed is 900 feet long, this would provide a common driveway for three houses.  The applicant is requesting a 1700 foot long road.  Title 5 allows septic system on easement.

 

According to town engineer, Joe Serwatka, the plan does not show adequate soil testing and perc’s to prove the lot yield.  Also, the yield plan demonstrates that 6-lots can be config’d from a 600 foot long road.  This may be true if frontage and area are considered.  Also, the board may want the applicant to consider submitting under the “flexible development by-law”.

 

Brian Knowles, stated that the applicant is not going under the “flexible development Bylaw”, which requires 50% of open space.

 

Applicant is requesting a waiver from 600 to 900 feet.  Brian suggests 6 lots could fit, but they are concern if all land could pass perk tests for septic.

 

RS states plan as presented contains problems, a lot of inequities.  He would be willing to walk the site.  RS feels engineer needs to do more work, i.e. suggests a private treatment plant for the whole project. 

 

LC questions if the Planning Board would like to schedule a site walk?

After checking schedules, a site walk is schedule for Monday, March 26th at 11:00 a.m.

 

LL motions to continue public hearing for A. Jarvis, 100 Forest Rd. until next Planning Board meeting on March 28, 2007.

 

DH Seconds

 

Vote on motion 5 – 0 unanimous

 

e.      Cont. SPR - 191 Beach Rd. Salisbury Amusement, LLC – Dan and Neil Goldman were present along with their Attorney McElhinney and architect.  At the last meeting, there were several plans up for consideration, ‘Plan B’ (the increased height to 45’) being the preferred one by the Planning Board. 

 

On Tuesday, March 13th, the Zoning Board voted unanimously to grant a 10 foot height variance from 35 foot building restriction to 45 foot high buildings, for the 210 unit condominium project planned for 191 Beach Road. The Goldman’s also voluntarily met with the DRC, on March 7th and received helpful comments on the walkways, landscaping and lighting.  DRC also recommended they incorporate more of a “Victorian” theme into the architectural design.  The applicant has agreed to address those recommendations in the construction drawings.                                

 

Joe Serwatka, town engineer, addressed several issues regarding this project in his letter to the Salisbury Planning Office dated March 12, 2007.  See letter for details; on Site Plan, Grading & Drainage, Curbing, Utility Plan and Sewer Lines.

 

RS questions geotechnical aspect of this project, various methods could be used to stabilize the soil, at the time of construction by the contractor.  Neil Goldman discussed a “Soil improvement method,” by compacting the soil and pouring concrete tubes.`  Presently, the expectation is that all site work to control drainage will be completed during the first year.

 

LC item which is on our check list, is to address the review fee.   You’ll have to have a letter from the town manager stating the Order of Conditions.  One of the larger issues which will have to be calculated with the staff is “The Inclusionary Housing contribution.”  The Goldman’s preferred option is to go with a housing payment up front.  They will commit to making the project on Old County Road (7 town houses) either rental or making a monetary contribution to the community.  LC states that issue needs to be clearly addressed during this permitting process.  LC questions the Earth Filling Bylaw and whether they’ve applied.  Applicant believes they don’t have to apply.  LC-if so, the Planning Board will need a letter from the Town Manager stating that they’re not under this Bylaw. 

 

Kendra Pike-Osgood of the Housing Partnership stated their preference is to have affordable housing on site.   Possibly provide rental units on adjacent property

 

RS questions when would we be able to have a concrete recommendation between the developer and the housing partnership? 

 

IC questions the availability of shuttle transportation, a city bus being able to drop off and pick up residents?  Attorney McElhinney states they can give a formal commitment for some sort of shuttle service to the train station.

 

The DRC recommends that the buildings have more of a Victorian look.  The two front buildings facing the street, will have trim boards, wrap around windows, they also want to be consistent with the other beach projects, including street lighting and pavement style.  Plan to get together with the community development director and come up with consistency on sidewalks, street lighting, etc.

 

LC recommends Attorney McElhinney put together a letter addressed to Town Manager and Town Counsel, specifying details of 50 x 100 foot parcel of land (Map 28, Lot 9), and what solution is proposed.  Applicant believes town should take in tax title or be given the land. 

 

RS motions to continue public hearing for 191 Beach Road to March 28 Planning Board Meeting.  Also, to have applicant sign a letter of extension until April 25th 2007.

 

DH Seconds

 

Vote on motion 5 – 0 - unanimous

 

 

6.      Adjournment: 

 

LL Motions to adjourn at 9:45 p.m., RS Second

Vote on motion 5 – 0 unanimous

 

 

 

 

 

 

 

 

 

 

 

Minutes Approved By:_____________________________   Date:___________