Salisbury Planning Board Minutes

Public Hearing & Regular Meeting

Wednesday, June 13, 2007

Members Present: Larry Cuddire, Chairman (LC), Robert Straubel, Vice Chairman (RS), Don Egan, (DE), David Holscher (DH), Lisa Lane (LL), 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. ANR – Eugene Dean – Subdivision of land at Palis Drive & Baker Rd. Jim Babbin of Millennium Engineering stated that the plans had a clerical error on the original plan stating that Parcel 3A should have read Parcel 3B. The change was made and the Mylar has the correct parcel notation. There is a re division of land and creates one new lot and fixes lot lines on the existing lots. All changes and conveyances are written on revised plans (dated 5/15/07) and all lots have adequate area and frontage.

RS Motions that the board endorse ANR plan as present at tonight’s meeting.

DH Seconds – Vote on motion 5 – 0 unanimous

2. Correspondence

a. RS Motions to accept the Planning Board minutes of May 23, 2007 as written.

LL Seconds – Vote on motion 4 – 0 (DE abstained)

3. Reports on Committees

a. Master Plan Update – Bob Straubel reported to the board on the June 4 meeting.

The Housing Partnership Committee, represented by Kendra Pike-Osgood, Lisa Lane and Donna Pedrone, gave a presentation on affordable housing. The biggest needs in town are rental units and assisted living units.

Don Levesque, DPW led the discussion regarding utilities and background information on Wastewater, Water, Public Facilities and Sidewalks. Things are pretty much on track. Next meeting is Monday, June 18^th, 2007 at 6:30 p.m.

4. Old Business

Bob Straubel reported on a site visit to the Rail Trail behind John St. Cyr’s Batting Cage on 6 Old Elm Street. We asked for a bond for the remaining work which needs to be complete. Bob stated that it appears that none of the work has been done. There’s a serious flooding problem in the back lot due to the improperly placed drainage pipe. The detention pond has reached an area of a few feet and is spilling over into the adjoining area and flooding that also. Mr. St. Cyr had stated he would get the pipe fixed immediately, which has not been done yet. LC also walked out on the site this past weekend and the area is a disaster, lots of mosquitoes and lots of water. LC recommends that the Planning Staff write a letter to Mr. St. Cyr and his engineer and find out the status of these problem areas. LH stated we gave Mr. St. Cyr until October 2007 to complete all the work.

5. 7:30 - Public Hearings

a. Cont. Definitive Subdivision (Form C) 12 Rabbit Rd. – J. Vaughn – Mr. Vaughn has requested a continuance until the June 27 meeting., Leah has received a signed extension until July 11, 2007. Also, LC stated there was a staff meeting on Tuesday, June 12th between Mr. Vaughn, his engineer and his new attorney, along with Don Levesque, Planning Staff and two Board members to resolve outstanding issues and to discuss the draft on the conditions for the definitive subdivision. The staff and the board have been involved in numerous meetings, along with utilizing a lot of time to resolve these issues. The Economic Development Director, the Town engineer, the Planning Director and Assistant Planner have dedicated a lot of time and effort to bring this subdivision to fruition, the Town of Salisbury wants this to happen.

RS motions we continue the Vaughn public hearing until June 27, 2007.

DH Seconds, Vote on motion 5 – 0 unanimous

b. Cont. SPR – 105 Bridge Rd., Ron Poulin – Brian Knowles of Apple Associates was present on behalf of applicant. He presented a photo of the proposed veneer finish for the new building. Mr. Knowles discussed the revised cosmetic finishes on the structure, including lower windows, skylight and stucco finish. Brian also questioned the proposed drainage easement to be managed by the Town/DPW.

RS stated that Town Planner and DPW Director did not want the responsibility to manage the site drainage or cleaning of the swale. Town would not be open to incurring unwanted liability. Therefore, the board will require an easement for the maintenance/use of the drainage item.

RS counsel said that an easement is a common occurrence to allow for cleaning of drainage. Possibly, a third party contractor to hold the easement to correct any drainage problem.

LC recommends Brian Knowles draw up wording for a drainage easement and have his attorney review and explain to applicant the legalities of said easement, and how applicant is protected.

RS Motions that the board close public hearing for R. Poulin 105 Bridge Road

DH Seconds

Vote on motion 4 – 0 (DE abstained)

RS Motions that the board approve the Site Plan for 105 Bridge Road, as submitted including conditions dated June 1, 2007

LL Seconds

Vote on motion 4 – 0 (DE abstained)

c. SPR – 128 Elm Street, A. Abouzeld, Contractor, Robert Cannon, representing applicant, stated they plan to construct a 24 x 40 foot garage, with an office on the second floor of the garage. Total number of parking spaces to the right of the garage will be six. Mr. Cannon stated that the garage will have drains in the floor of the garage for collection of water. Also, contractor has stated there will be a 500 gallon dry well, approx. 20 feet from the front of the garage to manage water runoff. Two separation tanks to clean water and prevent detergent from seeping into wetlands.

LC questions contractor regarding screening of parking spaces on the East curve of the property, touching Scholtz Terrace. Also, wants assurance that lighting does not spill over to the neighbor’s property. Conservation Commission has approved this project.

DE commented that the limos will be parked on the driveway which runs through the “do not disturb zone”. Applicant confirmed this assertion. LC questions, Will these changes stop the limo drivers from pulling up on Rt. 110 and backing into the driveway? Also, structure lighting should be a boxed system, to ensure that lights do not over floor onto abutter’s property.

Abutter, Mr. Scholtz of 2 Scholtz Terrace spoke in favor of the project. He stated, this type of new driveway will allow the limo drivers to pull onto Scholtz Terrace and drive onto their property and park the limo’s

LC wants to ensure that Town Engineer review and write condition language for maintaining and cleaning of trap.

DE motions to send plan for 128 Elm St. to Joe Serwatka for lighting and drainage review, and continue the public hearing until June 27, 2007.

LL Seconds – Vote on motion 5 – 0 unanimous

d. SPR & Special Permit for 1 Beach Road - Tropic Star Development LLC – This is the CVS project. Planning Board Chairman, Larry Cuddire, stated this project is like your first child, and we want to make this a trophy for the Town of Salisbury. This is an excellent project to work with. Leah read the legal notice for a public hearing which was published in the Newburyport News on consecutive Wednesday’s, May 30^th and June 3, 2007. LC introduced all the board members, DH, RS, DE, LL and IC, along with staff members LH, & PB.

For the Record, DE stated that through his employer, he is a consultant to CVS, Inc., on corporate tax matters. He does not believe this represents a conflict of interest. Also, IC has a brother who is a CVS manager.

Scott Mitchell, of Tropic Star Development LLC, and his partner Jeff Golden, Attorney, Bob Deshaies, and Wayne Morrill, Project Engineer of Jones and Beach Engineering, and Eric Eby, Traffic Engineer. Scott stated that this has been a long process, and commented that they got caught in the middle of the zone change in the town square.

Wayne Morrill presented the overview of the project. He discussed the church parking lot and existing properties they are acquiring off of Warren Ave. Mr. Morrill stated they propose removing gas station, some trees and propose two controlled access points, one on Beach road, and one on Lafayette Road. They are proposing that the structure be set back approximately 70 feet from the street, with 60 parking spaces across the front and right side of the building, and 22 spaces in the rear of the structure, along with a double drive through canopy. Drainage and Utilities, were briefly discussed. The landscape was also discussed briefly, numerous trees and low growth shrubs in the islands and along the abutters properties. He presented a 3 dimensional view of all four sides of the structure.

They have received initial comments from the Town Engineer, Mr. J. Serwatka, dated June 4, 2007 regarding zoning, lot lines, drainage analysis, snow storage, hours of operation, parking spots, proposed grading, drainage, lighting, landscaping and traffic.

LC one of the big issues is drainage, he questions if they are aware of the drain that runs from the gas station to Lincoln Ave. LC is concerned runoff water would be impeded flow from the town hall parking lot. LC recommends they work with DPW, drainage that goes west underneath Rt. 1, also, some pipes do not have proper easements.

IC questions if they have done any environmental study on the site. Mr. Morrill stated that Phase 1 has been done, and this is a clean environmental site at this point. The tanks will be removed and before construction begins, the site will be clean. IC also questions size of CVS sign on building, LL stated that size of the signs would be the responsibility of the Zoning board.

DE concerned about the location of the building and the parking in the front. Presently, the plan does not conform to the Village District Zoning requirements. This zoning requires the building to be located closer to the street with the parking to the side and rear of the building.

RS stated that the Special Permit part of the application is included in this application to allow applicant to apply for certain waivers.

Eric Eby, Traffic Engineer, has done the traffic study on Beach Road (December 2006) for the project, it reviews existing and future conditions, review site conditions and off site conditions. Since Beach Road (1A) is under Mass Highway jurisdiction, it is categorized as an urban minor arterial and provides one lane in each direction. Today, the site has three driveways, this plan will consolidate three driveways into one driveway. The Planning Office has one copy of the traffic study.

CVS generates approx 100 trips in and out in one hour time period. To date, they have not reviewed the traffic during Summer time peak conditions. They feel both driveways will accommodate trucks in and out. Presently, they are not recommending changing any lane uses; as they believe it would provide very little benefit.

Abutters attending the Public Hearing, who signed in, and requested to speak at this Public Hearing, are as follows:

Jane Purinton, 20 Tool Rd.

Valerie & Chris Ryan, 5 Lincoln Ave.

Carlton Scovill, 8 Warren Ave.

Scott Warner, 5 Warren Ave.

Trudy Berard, 3 Warren Ave.

Candice Short, 1 Warren Ave.

Jennifer & Jeff Scovill, 8 Warren Ave.

Allan Scholtz, 2 Scholtz Terrace

Thomas Donovan, 9 Warren Ave.

Al Short, 1 Warren Ave.

Elaine Gilbert, 4 Pleasant St.

Have you (CVS) looked at possibility of combining Town Halls driveway, is that something CVS is willing to consider?

Truck circulation would not be able to make the “S” curve going around the Town Hall. DH questions clearance of truck being able to come out of CVS, onto Beach Street

IC recommends consideration of one row of parking out in front of CVS. According to Scott Mitchell of Tropic Star, LLC that design is not acceptable to the tenant. This design and location is where CVS wants to be.

Joe Serwatka, Salisbury Town Engineer, reviewed the initial site plan and submitted his comments to the Planning Board relative to Article XIIIA of the zoning by-law and accepted engineering practice. This included detailed comments on Zoning, Lot Lines, Drainage, Snow storage, Hours of Operation, Parking spots, lighting, landscaping, traffic flow, proposed grading and proposed pavement runoff.

RS suggests, changing the location of the store front entrance and moving it around to the side.

DH would they amenable as to covered parking between the store front and the street?

Mr. Mitchell, of Tropic Star, stated that the CVS real estate committee approved this plan which gives more parking in front of the building.

LC, this project will be reviewed by the DRT (Design Review Team) this is the beginning of a process, we hope that this will be a successful outcome for everyone involved.

RS motions to continue the public hearing for 1 Beach Road until July 11, 2007.

DH Seconds, Vote on motion 5 – 0 unanimous

e. Minor SPR – 61 Elm St. M. Christ, – Brian Knowles of Apple Associates was representing applicant. LC commented that Building. Inspector has stated that we have to include the dumpster as part of our site plan review. Brian will include that on the site plan. Also, the BOH needs to know where water and sewer are located. Brian stated water is located only in the existing house, none is proposed in the bait shop. Also, he is including on the plan lighting along exterior of building, landscape, loading and unloading area for containers.

RS question when the addition had been built, BI should have notified us about the addition. BI sent a notice to Mr. Christ. Will he have to get a license from the Board of Selectmen? Brian states yes.

LC would want the existing dumpster area will be fenced with scrubs planted and security lighting.

LL wants to see a fence next to the feline rescue property.

RS has a problem with the drawing, wants to see it blown up to a “30” scale, Brian will make that part of the conditions.

DE questions if M. Christ created a new curb cut? Brian stated there was always a curb cut on the property.

DE accommodate applicant, let him operate but condition the decision with a bond if items aren’t complete by a certain date. All items to be completed fences, fence dumpster, security lights, state approved curb cut requirement, agree to a bond from Don Levesque’s estimate.

Brian states the Mr. Christ has permits from state for a bait dealer.

RS motions to continue public hearing until June 27^th 2007 with understanding that the applicant will return with larger drawing that includes fencing, security lighting fence around dumpster, curb cut applicant from MA Highway, plan to retain gravel and a letter for the BOH explaining description of dumpsters, also agree to bond amount from D. Levesque (all of the above to be included on the conditions).

DE Seconds – Vote on motion 4 – 1 (LL opposed)

6. Adjournment

RS motions to adjourn meeting at 10:15 p.m.,

LL Second - Vote on motion 5 – 0 unanimous

Minutes Approved By:_____________________________ Date:___________