Salisbury Planning Board Minutes

Public Hearing & Regular Meeting

Wednesday, May 9, 2007

 

 

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

 

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

 

Meeting Opened at 6:10 P.M.

 

1.      6: 10 p.m. - Open Space Plan

 

a.      Leah Hill outlined the Goals and Actions of the 5 year Action Plan  & Open Space Plan and presented the progress to date to the Planning Board:

                                                              i.      Preserve & protect the Town’s natural resources

                                                            ii.      Preserve the scenic quality and rural character of the Town of Salisbury

                                                          iii.      Meet the recreational needs of al Town residents.


Volunteers present:  George McKenna & Larry Cuddire

 

Action: Sidewalk Inventory volunteers are Kendra Pike-Osgood, and Lisa Lane

 

LL motions to approve the Open Space & Recreation Plan and the 5-year Action Plan as presented

 

RS Seconds – Vote on motion 3 – 0 - unanimous

 

2.      6:30 p.m. - Joint Planning Board & Zoning Review Committee Meeting

 

b.     Jerry Klima presented to the joint meeting to propose a vote on correction of amendments of Wireless Communication Facilities By-law.  Other members present were Larry Cuddire, Kendra Osgood-Pike, Iora Alexander, and Jerry Klima.    Jerry stated the discrepancy was caused due to the old numbering system. 

 

Jerry also discussed correction of amendment of the Inclusionary Zoning By-law.  Change as follows §300-79.  Affordable housing construction or housing contribution payments in lieu of fractional affordable housing units.  Also, Town Counsel has no problem with any of these changes.  To avoid future problems, or misapplication of the regulations, the changes will make it clear that a developer, provide units or make a monetary contribution to the Town in lieu of units, but the choice is up to the Planning Board, not the developer.

 

At the upcoming Town Meeting on May 14, Jerry will make a motion to amend the articles and inform the town moderator of the amended changes.

 

LC motions we recommend acceptance of all changes to the amendments for the Wireless Communication Facilities By-law and the Inclusionary Housing Requirements.

 

Iora Alexander (IA) Seconds – Vote on motion 4 – 0  

 

3.      Correspondence

 

a.      DH Motions to approve the Planning Board minutes of April 25th as written.

RS Seconds – Vote on motion 3 – 0 (1) LL abstains

 

4.      Other Business

 

a.      Discussion RE: Morgan Ave. Subdivision, M. Wolpert, of H & M Industries – received a letter from Mike Wolpert requesting an extension for the completion of the subdivision.  LC has reviewed the site and it appears in order.  RS catch basins are where they should be and the binder coat (base coat) of asphalt is done.  Also, the Town is still holding a bond for this project.  Don L. of DPW wants the base coat down for minimum of one year before the finish coat is applied.

 

RS motions we extend the completion time until October 1, 2008, when final coat should be completed.

 

LL Seconds – Vote on motion 4 – 0 - unanimous

 

5.      New Business

 

a.      Discussion Re: Benjamin Fowler, 15 Folly Mill Rd., A discussion regarding preliminary plan.  LC recommends that applicant file application with the Planning Department.

 

 

6.      Reports of Committees

 

a.      Master Plan Update – RS reported on Consultant, R. Taintor gave a PowerPoint presentation to an audience of 25 people.  Good input was received on the presentation and draft proposal.  Also, we hope to have future meetings live on cable TV.  And the website is updated regularly. www.salisburyma.gov/boards/PBmasterplan.html


 

7.      7:30  - Public Hearings

 

a.      Proposed Zoning Articles for :  Jerry Klima Chairman of the Zoning Sub-committee presented

 

                                                              i.      Inclusionary Housing Requirements (text to include correct numbers) Amendment to be 0made by Town Moderator at Town Meeting to clarify clerical error.

 

RS motions that Planning Board recommends changes, to clarify confusion on amendment, to Town Meeting on Monday May 14, 2007.

DH Seconds – Vote on Motion 4 – 0 unanimous

 

                                                            ii.      In recodification, Jerry Klima will propose amendment at Town Meeting to amend Article XIX. Second area in By-law, allows to affix antenna’s to Town of Salisbury’s water tower.

 

RS motions that we recommend changes to the wireless communication by-law.

DH Seconds – Vote on motion 4 – 0 unanimous

 

b.     Cont.-Definitive Subdivision (Form C), 12 Rabbit Rd. Jim Vaughn.  Assistant Planner, Leah Hill presented a letter received from the applicant requesting a continuation of the public hearing until May 23, 2007 and an extension of time until June 7, 2007.

 

LL motions to continue public hearing for Vaughn Definitive Subdivision until May 23, 2007.

DH Second, Vote on motion 4 – 0 unanimous

 

c.      Cont SPR – 191 Beach Rd. Salisbury Amusements, LLC – N. Goldman applicant.  The wording for the site plan approval letter & conditions was discussed by both parties.  Specifically, Selectmen, Jerry Klima, questioned status of affordable housing contribution (#14 on page 7 of 11) no Certificate of Occupancy to be issued before all pertinent legal documents are filed and completed.  Also, on (#8 on page 6 of 11) Don Levesque, DPW stated he is OK with driveways, roadways or other structures shown on the approved plans. 

 

RS motions that the Planning Board close the public hearing at this time.

DH seconds, Vote on motion 4 – 0 unanimous

 

Chris Reilly, Director of Economical Development asked to be recognized.  He stated that he prepared the main body and conditions of the document.  RS recommends that the following statement be added to (#33 on page 10 of 11) affordable housing units be equally distributed through out the six buildings, (1 of 8) to the extent practical.

 

(Waivers: page 3 of 11)  Applicant requested a waiver of the timing of payment for professional review fees.  Presently, the Town is holding in escrow $17,400.    Applicant has requested that the Planning Board approve the return of $10,000 to applicant.  Once the preconstruction and site inspections are to begin, the amount would be reviewed for adequacy and the town could require an additional $5000.    The Planning Board granted $10.000 of the review escrow money to be returned to the applicant for the time being.

 

C. Reilly, comments on his concern, of the affordable component.   He would like the board to consider language in the decision for every 10% of building, one should be affordable  (#38 on page 11 of 11).

 

Additional discussion by board on (page 4 of 11, Final Site Plan) & (page 2 of 11, Design).

 

RS motions draft of Site Plan Approval, dated 5/9/07, for 191 Beach Road be accepted and approved as written with corrected plans titles, sheets and Zoning by-laws.

 

LL Seconds – Vote on motion 4 – 0 unanimous

 

d.     Cont SPR on 154-156 Bridge Rd., Sal Ferrandi – Jeff K. of Apple Assoc. presented revised plans 5/04/07.  He addressed comments of the Town engineer’s letter of May 3, 2007.    Spot Grades, no survey taken on abutting property.  Portion of retaining wall where ledge exist behind wall.  According to Jeff, removal of ledge disturbance would be of minimal effect.

 

LC recommends a draft of letter of order of conditions for applicant to review along with board.  Also, provide detailed photos of constructed building along with samples of product to be used in construction of site.

 

RS motions continue public hearing until May 23, 2007 along with development of the draft for Order of Conditions. 

DH Second – Vote on motion 4 – 0 unanimous

 

e.      Cont SPR on 105 Bridge Road, Ron Poulin - Brian Knowles of Apple Assoc. represented applicant.   Paul Michaud, an abutter was present and stated his concern about drainage of water onto his property.  According to the plan, offsite drainage is proposed to enter the site via a pipe at the property line.   Joe Serwatka, Town engineer, suggests in his review that the board may want an easement provided for the maintenance/use of this drainage item.  Brian Knowles states that the applicant is not looking to provide an easement to the neighbor, since this would place an encumbrance on his property.

 

RS motions that the public hearing be continued until May 23, 2007 in order for the board to get clarification on Joe Serwatka comments on said “easement”.

 

 

LL Seconds – Vote on motion 4 – 0 unanimous

 

 

8.      Adjournment

 

LL motions to adjourn at 8:50 p.m.,

 

DH Second - Vote on motion 4 – 0 unanimous

 

 

 

 

 

 

 

Minutes Approved By:_____________________________   Date:___________