Salisbury Planning Board Minutes 

Public Hearing & Regular Meeting

Wednesday, April 11, 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 – Chairman Larry Cuddire, signed a building permit for 75 Main Street, Batting Cages owned by Herman Fortin.

 

b.     ANR - 34 Dock Lane, W. Bartlett - Brian Knowles spoke on behalf of the applicant regarding the modified ANR plan.  The lot lines have changed to move access, and make it more accessible.  This is not a buildable lot, the width is 20 – 25 feet.  As a result, MA Fish & Wildlife will now have access off of Dock Lane to other land they own.  Access is for walking legal access and allows residents to bird watch, or hunt.  The land being conveyed to MA Fish & Wildlife is approx. 23.67 acres.  They will pay $2K per acre, as a result, the owner has the incentive to convey non-buildable land.

 

DE motions that ANR be endorsed as presented.

 

LL Seconds

 

Vote on motion 5 – 0 unanimous

 

2.      Old  Business

 

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.   New Plans have been drawn with Emerson’s lots being together under one trust.  MVPC has approved the digital submission.  Ahmad also presented the board with a copy of the new deed.  The plan shows that the boundaries have been resolved, including the 6700 sq ft.  Mylar presented for signature of Planning Board.

 

RS motions that the board endorse ANR as not requiring approval.

 

DH Seconds

 

Vote on motion 5 – 0 unanimous

 

3.      Correspondence

 

a.      Planning Board Meeting minutes from March 14, 2007

 

DH motions to accept minutes from March 14, 2007

DE Seconds

 

Vote on motion 5 – 0 unanimous

 

4.      Other Business

 

a.      Request for Reduction of Bond – 6 Old Elm St., John St. Cyr,  Extra Innings Batting Cage, is requesting a reduction if his bond of $50,000.  ($30K is an insurance bond and $20K cash bond paid by Mr. Cyr personal check.) Specifically, he is requesting the $20,000. cash bond back. 

 

According to Mr. St. Cyr, the $20K bond was paid by him for a sewer line out front on Elm Street which was requested by DPW Director, Don Levesque. 

 

According to Mr. Serwatka, the detention pond is not working properly.  Mr. St. Cyr has spoken to Millennium Engineering they stated that two pipes (approx cost of $2K.) approx 12 “ in diameter are needed to be put in place to resolve that problem.  Also, the rail trail easement will need to be hydro seeded – cost of $5K.  Mr. Cyr is looking for a spirit of cooperation and feels the $20K should be returned.

 

RS stated that the spirit of cooperation from the board is ongoing.  However, some of the work has not been completed at the site and the applicant has already received a Certificate of Occupancy.  Town of Salisbury wants the easement signed.  LC we have to close this discussion and continue until after the Public Hearings.

 

5.      7:30 Public Hearings

 

 

a.      Cont.  Definitive Subdivision (Form C) 12 Rabbit Rd. J. Vaughn.  Applicant has submitted a letter requesting a continuance until the next public hearing on April 25, 2007.

 

RS motions to continue Vaughn hearing until April 25th @ 7:30

 

DH Seconds

 

Vote on Motion 5 – 0 unanimous

 

 

 

 

b.     Cont. Preliminary Subdivision – A. Jarvis, 100 Forest Rd.  Brian Knowles attended a site walk with Leah Hill and Bob Straubel to view the 6 lot subdivision.  The new plan makes an attempt to clean up the lot lines.

 

RS commented that all the test pits appeared to be in sandy area site walk showed beautiful views of the marsh.  The Houses themselves will be situated on ledge out cropping’s, which will make solid foundations.  Only concern is running of all the pipes through the ledge, the road will have to be blasted out.    Also, RS believes that a driveway almost as long as the road it connects to and in turn leads to other driveways, is in fact a road.  Therefore, the road should be built to town standards.  He does not feel that the driveway plan should be approved.

 

LC questions what are they doing for water, Brian states all town water, with individual septic systems.  The real road should run by the hydrant, also to elevate public safety issues.   

 

LC new plan looks great, but would like to see the road extended for all the house lots.  Also access to open space could be donated to Salisbury Concom or MA Fish & Wildlife. 

 

DE states with a road, you will have sidewalk requirements, curbing, etc.

 

Brian will return with a list of requested waivers with this preliminary plan. 

Also, the board will need an extension signed by Brian Knowles.

 

RS motions to accept continuance of public hearing for A. Jarvis until April 25, 2007.

 

LL Seconds

 

Vote on motion 5 – 0 unanimous

 

c.      Cont. SPR 191 Beach Road, Salisbury Amusement , LLC –   Applicant will go along with standard lights adopted by Town of Salisbury.  Neil Goldman presented their response to the following items remaining on checklist from previous meeting on March 14th.:

- Affordable Housing, Bus Service, Design Review Committee

Street Name, Title to Lot 28/9 @201 Beach Rd. and Engineering Specifications

At this time, they are seeking approval from the Planning Board

 

Kendra Pike-Osgood of Salisbury Housing Partnership Committee (SHPC) presented a letter, dated April 9th, to the Planning Board outlining the conditions agreed to by the developer.

 

LC would like the Planning Office to formalize the Order of Conditions and have all the Board members review via e-mail and provide input to Leah.

 

RS questions if all the units will be marketed as condo’s.  Applicant’s intent is to sell all units.

 

DE raised a concern about the $25-30K beach baseball field contribution.  He would like to see a more substantial contribution to the Town’s infrastructure.  i.e., the Beach needs a new water tower.  This project could cost as much as $1.5M.    Applicant was indifferent to this proposal.  DE later suggested a per unit contribution to the Town of Salisbury of $500. 

 

Applicant stated that this project is not for families needing more than 2 B/R units.  They are actually marketing this project to the first time buyer and empty nesters.  Single B/R units are 850 sq ft., while two B/R units are 1100 sq ft.

 

LC wants a letter from the Design Review Committee, regarding 191 Beach Road project included in the Order of Conditions.

 

Neil Goldman will provide the Planning Board with unit floor plans /final plans of 6 building design.  He will also include suggestions from DRC in the final plans.

 

Leah to include affordable housing conditions in the order of conditions and the total amount of units that are tied to the site plan.

  

LL motions to continue public hearing for 191 Beach Road until April 25, 2007.

 

RS seconds, Vote on motion 5 – 0 unanimous

 

d.     Cont. SPR – 154, 156 Bridge Rd. Sal Ferrandi, Applicant has requested a continuance to next meeting on April 25, 2007.

 

DH motions to continue SPR for S. Ferrandi of 154-156 Bridge Rd. until next public hearing on April 25, 2007.

 

RS Seconds, Vote on motion 5 – 0 unanimous

 

 

e.      SPR – 105 Bridge Rd., R. Poulin, Bridge Road Nominee Trust – Brian Knowles of Apple represented applicant and noted that they have received front and side variance based on topography of wetlands from the ZBA.  Also, Concom has approved use of porous pavement. 

RS questions where the water goes and Brian explains the following; TSS water perks through 4” of pavement into ½ of course gravel into a 6” PVC pipe filter through sand into the ground, also ties into a catch basin.

 

Applicant’s plan proposes granite curbing along the front, presently is non existing on Bridge Road.  Also, concrete curbing along wetlands is proposed.  Lighting scheme along walkway was discussed.  Septic pump station, existing water, and existing utilities will come from existing poles in the area.  Brian states that they are proposing three parking slots out front, one to be HP.  The majority of the parking will be out back.  Brian stated that there would be possible storage of mulch in back parking lot, on a non-porous pavement.

 

RS questions height of retaining wall?  Brian comments that wall is four feet in height.  Bob would like Brian to provide a signed engineer’s plan with retaining wall on it, he believes it is a Building code requirement.  DE questions intention of installation of a guardrail between edge of pavement and replication area?  Brian states they are planning on using black chain link fencing in place of guardrail.

 

LC recommends that the sidewalks should be 5 ‘wide to accommodate wheelchairs.  Also, he wants Brian to include low lights along the sidewalks.

 

DE questions the need for parking out front, due to backing into traffic?  Unusual parking pattern for turning around.  Brian explained the curb cut and limited traffic in and out of the side entrance lot will allow for the backing in and out from the front parking.

 

LC questions if Brian has architectural of the building?  Architectural’s were part of the original submittal included, front door, windows and brick on the bottom.  How much visual can we get?  Overhead doors are north facing.  Also, a copula will be installed on top of the building.  LC we need some tree plantings on the property line, Brian states that the plan shows tree plantings.

 

Abutter, Paul Michaud, states his concern and questions where water is going, existing grade plus 12” open pipe does not appear adequate to handle water.  

 

LC requests that Leah send letter to Joe Serwatka ensuring that 12” pipe will resolve drainage and handle any existing water problems.

 

DH questions how frequent would the porous pavement need repaving?  If it becomes damaged overtime, and you have to repave it.  Brian states that you would have to do porous pavement over completely again.

 

DH motions to continue public hearing for 105 Bridge Road until May 9th, 2007

 

RS Seconds, Vote on motion 5 – 0 unanimous

 

 

 

6.      Other Business cont.

 

b.     Cont. Request for Reduction of Bond – 6 Old Elm St., John St. Cyr,
LC what’s the discretion of the planning board, do we reduce the bond and/or return applicant’s $20K cash bond?  RS states that the bond letter from the bank does not mention that the cash and bond are co-mingled.

 

John St. Cyr, states that the sewer could not be completed, due to (antiquated records), the Town of Salisbury, was unable to find the end of the sewer line.  So in order to expedite the project, the town requested that Mr. St. Cyr put up the cash bond, which he did.  Since the sewer was off the property, the cash bond was needed.

 

DE questions holdup on easement for rail trail?  Also, if the bank insurance bond is still valid?   According to the Planning Department, the bond is still valid.

 

RS motions that we release $20K to John St. Cyr.  No second, LC Motion fails

 

DE motions that we release surety bond of $30K, and return one half of the cash bond, leaving a balance of $10K. for remaining work and for rail trail.

 

LL Seconds – Vote on motion 4 – 1 DH opposed

 

DE amends motion, that we release the surety bond of $30K, and one half of the cash bond leaving a balance of $10K, with applicant stating that all remaining work including easement, is completed in 6 months.

 

LL Seconds amended motion, Vote on motion 4 – 1 DH opposed

 

 

c.      Discussion re Proposed Zoning Articles for (1) Inclusionary Housing Requirements, zoning article and (2) Wireless Communications Facilities zoning articles on May 9th. 2007.

 

LL motions to hold a public hearing for both Zoning Articles on May 9, 2007

 

RS Seconds - Vote on motion 5 – 0 unanimous

 

d.     Mark Christ, 61 Elm Street – Waiver for all Requirements – Brian Knowles representing applicant.

 

RS motions that the planning board does not accept waiver for all requirements for M. Christ plan.

 

LL Seconds – Vote on motion 5 – 0 unanimous

 

 

 

7.      Adjournment: 

 

 

DH Motions to adjourn at 10:15 p.m.,

 

RS Second - Vote on motion 5 – 0 unanimous

 

 

 

 

 

 

 

 

 

 

 

Minutes Approved By:_____________________________   Date:___________