Salisbury Planning Board Minutes

Public Hearing & Regular Meeting

Wednesday, September 12, 2007

 

 

 

 

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

 

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

 

Chairman Opened Meeting at 7:00 P.M.

 

 

1.      New Business

 

  1. Signing Plans/Permits – N/A

 

  1. RS Suggested that we review and revise Rules and Reg’s. Two years ago, we changed our fee structure, and the Planning Office feels we could probably use a further increases.  Planning Office will create a spreadsheet with several cities’ and towns’ existing fees.  Any ideas by the board members for regulation review should be put on an agenda for a special meeting to be scheduled shortly.  

 

 

2.      Old Business

 

  1. SPR-Updated Landscape Plan for DPW Realty, 98 Elm Street.  Tom Cook presented a detailed landscape plan and planting schedule for this project.  The landscape design was developed by Riverfront Landscape Company, the same company who did the Institution for Savings landscape design in the Town center.

 

LC comments how good the sidewalk looks and if they could find it possible to continue the sidewalk to the rail trail, the board would be eternally grateful.  Mr. Cook said he would pass this along to the owners.

 

DH motions to accept landscape plan for 98 Elm St.

 

LL Seconds, Vote on motion 5 – 0 unanimous

 

3.      Correspondence

 

LC motions to approve and accept the minutes from the August 22nd

 planning board meeting.

 

DH Seconds – Vote on motion 5 – 0 unanimous

 

 

4.      Reports on Committees

 

RS commented on Master Plan meeting update, we have the existing conditions report is in draft form, hope everyone has had a chance to review it.  September 17th is the deadline for submitting your recommendation for changes, if you have any, please submit them.  On October 6th, we will be holding our visioning session at the Hilton Center.   Bob hopes that all the members of the board will try to attend.

 

The Committees goal, is that a Long range Schedule should be set up in the Executive Summary of the Master Plan, possibly to have the Master Plan reviewed every three years. 

 

LC commented when we’re done with the Master Plan, every project that comes before the planning board should have a review schedule that incorporates the Master Plan recommendations. 

 

RS Set up a time schedule, for the public hearings this evening.  Since there are so many on the agenda, we will limit most of the presentations to thirty minutes or less. 

 

Also, RS suggested board consider when reviewing the Rules and Reg’s.  that if an applicant wants to continue a hearing, it should be continued for one month.   If you continue public hearing for only two weeks, this does not allow enough time for engineer’s work to be completed and enough time for the board members to review the changes/updates.

 

LC feels we need to find a way to work with developers and engineers to get a more complete application submission.

 

5.      7:30 p.m. Public Hearings

 

  1. Street Acceptance by Town for Michelle Dr. & Elizabeth Lane – J. Paonessa

Leah stated that Don Levesque of DPW and Joe Serwatka, engineer have inspected the work that needs to be completed.  Also, applicant has requested a continuance until September 26th meeting.

 

RS statement that he was at the location of Michelle Drive & Elizabeth Lane today.  There appears to be a real drainage problem, at the cul-de-sac, low spot with no storm drain, this is one of the area’s where water collects in winter and when we have heavy rain, it causes erosion problems and ice problems.  He feels that either a swale or storm drain should be in the cul-de-sac by the developer to resolve this problem.  

 

LC suggested we have Joe Serwatka run some elevations to justify this need.

 

LC motions to grant continuance to applicant until September 26th

 

DE Seconds – Vote on motion 5 – 0 unanimous

 

 

 

 

  1. Cont. SPR & Special Permit for Tropic Star Development, 1 Beach Rd., Atty.  Bob Deshaies, representing Tropic Star (CVS), questioned the boards need to have a meeting with Luke Hurley of Gove Environmental Services.  Mr. Hurley is here at the boards request.  They are looking for some clarification as to whether or not there is a wetlands on the abutting property.  Mr. Deshaies stated he had received a memo from the Concom Agent, that according to their wetland scientist, there are no wetlands in the area. 

 

RS stated that since some questions have arisen by the abutters, the board wants a more detailed explanation (in laymen’s terms) as to how the applicant’s wetland expert Mr. Hurley,  came up with his conclusions.  The Board is not questioning  Mr. Hurley’s qualifications, we do not normally deal with wetland issues, therefore, the Planning Board is only exercising due diligence in investigating a claim. 

 

DE questions if the Concom agent has provided us with any feedback regarding this project.  Is it part of Concom jobs to enforce the wetlands protection laws? 

 

Chris Reilly, Office of Economic Development, feels that the Town has acted appropriately, and that due process has been followed for this applicant.

 

Ms. Jane Purington, 20 Toll Road, observation, it’s the other properties that are in question, not the Tobacco site.  They as a group went to Concom, who stated that there is nothing Concom can do, because the site on which the project is to be built has been certified as free of wetland issues.  The abutter’s property is not in front of the Concom, and it is not in their pervue as Wetland Scientist to check the abutters property for wetlands.  The Planning Board needs to request the Town Wetlands Scientist, Mary Rimmer to review the abutting properties to see if in fact, it is within the 100 foot wetland zone.

 

Abutter(s), Jennifer Scouvill question where the test sites were.   Also, Trudy Berard  of Warren Ave, along with Chris Ryan , 5 Lincoln Ave. commented on the seasonal flooding in the low lying areas behind their property.

 

DE motions that Planning Board send a letter asking opinion from Town Wetland Scientist, Rimmer Assoc. as to whether this development property is within 100 foot area of wetlands protection law. 

 

LL Seconds

 

Mr Mitchell of Tropic Star Development, commented on their wetland scientist, Luke Hurley, who reviewed the Tobacco Site for this project.  He is present and please let him speak to this forum and describe exactly what he did. Mr. Hurley described the three primers; grass, hydraulic soils and vegetation assessment.  He had no access to the abutters property.

 

DE amends original motion to instruct “Rimmer’s” inspection include the abutters properties. Also, Planning Board would put a cap of $500.00 on this review expense.

In addition, this expense would be paid by the applicant review fees being held in escrow.  LC worries that no matter what the Board does, it won’t be enough, won’t dig deep enough, if the abutters hire their own wetland scientist, they may be more amenable to accepting the results.  Jane Purington states that “Mary Rimmer is our town scientist and if she says I totally concur , I would be very happy with that because we’re just asking for a second opinion, basically a first on the abutting property”

LL Seconds - Vote on motion 4 – 1 (DH opposed)

 

LC motions to continue SPR and Special Permit hearing for 1 Beach Road until next Planning Board meeting on September 26, 2007.

LL Seconds – Vote on motion 5 – 0 unanimous

 

 

  1. Cont. FRD – Definitive Subdivision, 113 Forest Rd., Matt Palis -  Jeff K. of Apple Assoc., was present representing applicant.  The newest revisions on the plan have been sent to Joe Serwatka.  The planning board is requesting the following revisions be made to the current plan, along with remaining items outstanding which need to be completed.

·         Sloped granite curbing throughout development

·         Board of Health approval

·         Dry sewer shown at 5’ deep, per DPW requirements

·         Dips in Driveway - No drainage going across people’s driveway (Board requesting culverts to convey runoff under driveways)

·         Schedule meeting with Housing Partnership to comply with inclusionary zoning

·         Plan showing adequate vertical sight distance for 30mph road

·         50 foot wide future ROW off of cul-de-sac, if possible

·         Any remaining issues from Joe Serwatka 9/10/07 letter

 

Jeff K. requested a waiver for site distance to 20 mph speed limit.  RS states that the board is unwilling to grant a waiver for 20 mph site distance.

 

LC comments on an outstanding issue, a letter to DPW & Water commission requesting adequate service of water to this area for fire protection for number of buildings being proposed.  DE read letter from Fire Department that stating that the fire hydrants are adequate.  LC If booster pumps are required, this issue needs to be addressed.

 

RS asks LC draft a letter to Sewer Commission asking if they are extending Sewer in that area within the next five years.

 

DE motions to continue public hearing FRD – Def. Subdivision for 113 Forest Road until September 26, 2007.

 

LC Seconds – Vote on motion 5 – 0 unanimous

 

 

 

 

 

  1. Cont. FRD -  Form C, (Def Subdivision), 100 Forest Rd., A. Jarvis,- 

 

Jeff K. of Apple Associates representing applicant.  The planning board is requesting the following revisions be made to the current plan, along with remaining items outstanding which need to be completed.

·         Plan revised to show soil info for infiltration basin

·         Board review suitability for use of insulated pipe for waterline buried less than 5 feet deep

·         Dry sewer shown at 5’ deep, per DPW requirements

·         Sloped granite curbing throughout development

·         Schedule meeting with Housing Partnership to comply with inclusionary zoning

·         Address fire prevention issues; note on plan residential sprinkler systems will be required, driveways will have to support weight and size of fire apparatus, finish pavement will be a minimum of 12 feet wide and 6” deep, no sharp turns on driveways

·         Any remaining issues from Joe Serwatka 9/11/07 letter

IC expressed concern about pipes freezing if they are buried less than 5 feet.

 

LC we need to check with Pennichuk if there are plans to install sewers on Forest Road in the near future.  LC requests that RS, as chairman, write a letter to the water commissioners and Pennichuk, the system manager, asking if the water service on Forest Rd. is adequate for new development and/or if booster pumps will be required.

 

LC motions board continue public hearing for A. Jarvis, 100 Forest Rd.,  FRD -  Form C, (Def Subdivision), until September 26, 2007.

 

DE Seconds,  Vote on motion 5 – 0 unanimous

 

 

  1. Cont. SPR - 57 Railroad Ave, KGO, L.L.C., applicant Mike Opre, Board commented we have the Luminaire plans.  The plan was approved over two years ago, approval has expired.  As a result, plan is being resubmitted for approval.

 

The determination has been made they can now use asphalt for parking around the structure.  Leah commented that Joe Serwatka has reviewed the resubmitted plan and has no issues with this plan. 

 

DE questions if sewer needs to be replaced, Mr. Levesque has stated there is aging clay pipe in that area.  DPW, would like to see improvement to sidewalks along with  a $15000. donated to Town of Salisbury for offsite improvements.


RS Planning department to draw up a letter of conditions for applicant; including schedule for pre-construction meeting and inclusionary housing.  Applicant needs to schedule a meeting with the Housing Partnership.  Board needs their input before we can finalize this Site Plan.

 

Two abutters were present, E. Sofia, 78 Railroad Ave & V. Mauti, 70 Railroad Ave. They question how many units were planned.  Applicant answered eight units nothing has changed from the original plan.  Also expressed concern about drain on infrastructure, sewerage, water and gas.  He felt proposed plan does not fit into the neighborhood.

 

LC motions to continue public hearing for SPR for 57 Railroad Ave., KGO, L.L.C. until October 10th, 2007.  

DH Seconds – Vote on motion 5 – 0 unanimous

 

  1. SPR – 148 Lafayette Rd., Michelle Ault Fichera - Ron Laffley, Fulcrum Architect, representing applicant and Ben Osgood of New England Engineering, were present to discuss this plan.  This Site Plan is for a multi-story building with commercial use, and 53 parking spaces.  Use will include a gym with four related retail spaces in front.  Before SPR approval, applicant wants to do an ANR for land that is zoned residential.   Also, the proposed easement to the back lot goes practically into the building.

 

LC questions what Concom issue?  The current plan does not meet the 25’ and 40’ setbacks along with no buffer from the wetland replication areas.  Mr. Laffley stated they have reduced the size of the building by 13 percent to save 500 feet of wetlands.

 

 

LC comments looks like project will need ballards on each side of the building.

 

IC expressed concern about the lighting pollution.

 

DE questions how do we guarantee landscape is going to last?

 

R. Laffley commented on landscape plantings, they are using hardy species, and will be able to irrigate plants.

 

Abutter, Bruce Rines commented that this is a great plan for the lot.

 

LC motions to continue SPR public hearing for 148 Lafayette Road until September 26th, 2007. at 7:30 p.m.

 

DH Seconds – Vote on motion 5 – 0 unanimous

 

 

6.      Adjournment

 

DE motions to adjourn meeting at 10:10 p.m.

 

DH Seconds - Vote on motion 5 – 0 unanimous

 

 

 

 

 

 

 

 

Minutes Approved By:_____________________________   Date:___________