ZONING BOARD OF APPEALS

Minutes from January 27, 2004

 

Members present:

Charles Mabardy, George Rioux, William Spinney, Kendra Pike-Osgood, Lisa Lane

 

7:30pm  Hearing began

 

Old Business:      Pump n’ Pantry

 

Rep for Alliance Energy:

 

Discussed items to be sold at drive-thru that include; coffee, soft drinks, bagels, muffins, sandwiches, donuts.  Board was reminded that there is an upgraded drainage system in place at property.  It is an 11-acre site & less than 3 acres makes up the paved area.  Petitioner is proposing to upgrade and improve floor plan of the store.

 

Rep from Boehler Engineering:

 

To address the Boards concerns with vehicles left idling in lot, petitioner stated if cars are idling in lot for more than 1 hour the manager of Pump n’ Pantry presently throws them out of store.  The Board reminded petitioner that State Law prohibits trucks from idling more than 30 minutes.  Rep stated that Alliance Energy would operate the drive-thru.

 

Motion by K. Pike-Osgood to accept Special Permit with the following stipulations:

 

1)                 No Dunkin Donuts

2)                 No Taco Bell

3)                 No McDonalds

4)                 No Subway

5)                 Drive-thru may serve coffee, soft drinks, bagels, muffins, sandwiches, donuts, pastry & juices ONLY. 

6)                 The Board will review in one year.

7)                 When & if ownership changes, the Special Permit becomes null & void.

 

 

#03-185 Ernest Sofia, 78 Railroad Avenue (continued from 1-13-04) to enclose 14’x14’ area on existing deck. 

Certified plot plan presented to board as requested at previous hearing.  No abutters present. 

 

Motion by K. Pike-Osgood to accept.  2nd by G. Rioux – Unanimous.

 

#03-179 Salisbury Donuts, LLC./Albert Johnson, (continued from 12-9-03.) To keep present sign same size & allow two interior lights for sign.  Also, requesting a 2nd freestanding sign for Dunkin Donuts.

Motion by K. Pike-Osgood to continue to 2-24-04 subject to petitioner signing a waiver.  If waiver not signed it will be denied.  Notify Dunkin Donuts regarding continuance on 2-24-04.  2nd by L. Lane.

 

#03-180 Michael Wolpert/M & M Nominee Trust, 4 Liberty Street, (continued from 12-9-03)  Remove two existing mobile homes & construct one 2-Unit condominium building.  Jim Babbin from Millennium Engineering present.  Project meets front & rear setbacks. Side setbacks (4’ each per Certified Plot Plan dated 10-21-03) not met.    It is accessible to Town Water & Sewer.  There are presently two units on lot.

Motion by G. Rioux to approve with the following stipulations:

           

1)                 Maximum height of building 35’

2)                 2 parking spaces (10’x20’) for each unit

3)                 3 feet above road (must meet codes & regulations)

4)                 2 Units only

5)                 Purchase of easement from neighbor must be on file at the Registry of Deeds before any construction begins.

 

2nd by W. Spinney – approved.

 

#03-192 Robert Palmisano, 406 North End Blvd., razing of a 19 Unit Motel, pool and patio.  Construction of a 6 Unit Multi-Family wood dwelling on piles.

Ron Laffely (architect) present.  There are 19 motel units, 7 with kitchens.  The plan is to delete all except the back retaining wall.  6 Units will be built, 2 per floor; 3 bedrooms per unit.  There is 2, 140 sq. ft. plus common space, elevator, utilities, beach lockers, etc.

Consists of 12 parking spaces measuring 10 x 20 each.  There will be a 20 Ft. strip for visitors parking (6 spaces). 

 

Abutter @ 2 Lewis Ave.:  Abutter expressed concerns regarding giving access to beach right of way to the petitioner.  In response, abutter was told that Mr. Nabhand has made a deal thru the Deed of Courts in Boston to keep beach access owned & maintained by the Town of Salisbury to give the abutters continued access to the beach.

 

Ron Laffely stated he would be willing to put an over-walk (approximate cost to petitioner $10, 000) which would be donated to the town.  This would help to protect the environment (dunes). ( Grass will also be planted by petitioner to hold the dunes.)  (This statement was taken off the table by Ron Laffely.)

 

Abutters @ 398 & 421 North End Blvd.:  Both would like to see the property owner-occupied.  The winter rentals are a concern as they are now.  The petitioner assured all the property will be owner-occupied, no rentals.

 

Abutter @ 412 North End Blvd.:  Abutter expressed concern with beach density.  He would prefer to see a single-family dwelling rather than a multi-family on the beachfront.  However, he is happy to see the hotel go.  Petitioner responded that economically a single-family is not feasible for this beach property. 

 

Abutter @ 467 North End Blvd. (associated with Salisbury Beach Betterment Assoc.) stated that the Association fully supports the project.

 

Abutter @ 380 North End Blvd.   Happy to see hotel go.  Believes people will take better care of property is owned.

 

H. Nabhan:  Highly in favor of project.  He stated that 13th St. had no connection to this project.  Believes this should have happened years ago.  He urged the Board to approve.

 

W. Spinney would like to see Public Access to Beach signs posted.  The Town can maintain & police the area.

 

To review:  6 Units (condos), all owner-occupied, meets zoning requirements.  Price range is $850,000 – 1 Million.  In consideration of this, K. Pike-Osgood commented that a donation for affordable housing in Salisbury be considered.  The petitioner stated that he would strongly consider it. 

 

Abutter @ 2 Lewis Ave: Abutter concerned with access for emergency purposes.  Also, abutter suggested that petitioner donate the money to the town for over-walk rather than building & donating.  The funds would be managed & controlled by town.  Ron Laffely (architect)  does not want to donate money because he is concerned that it may end up going to something else.  He prefers to build and donate.

 

Abutter @ 367 North End Blvd:  Questioned if any detail to landscaping has been presented.  The Board informed abutter that this would be brought before the Planning Board.  The ZBA is looking at usage only.

 

Abutter @ 408 North End Blvd:  Abutter wants to make sure the units would be sold & not rented.  She was assured they would be sold.

 

Motion by K. Pike-Osgood to continue.  2nd by L. Lane.  Continued to 2-10-04.

 

#03-193 Marilyn G. Doyle, 244 North End Blvd., to replace existing deck with new porch.  Jim Babbin from Millennium Engineering present.  This has received approval from the Conservation Committee. 

No abutters present.  Letters of support from abutters presented to board.

 

Motion by L. Lane to accept as presented.  2nd by K. Pike-Osgood – approved.

 

#03-194 John Grossi/C&C Realty Trust, 191 Elm Street (Gold’s Gym), Free-standing sign. 

W. Spinney made a motion that C. Mabardy remains on the board for Gold’s Gym.  2nd by G. Rioux – determining that C.M. would not gain financially from the decision. 

 

Don Reed from Barlo Signs present.  Mr. Reed stated that sign is consistent with area signs.  Gold’s Gym has enlarged their facility substantially and they need efficient advertising.  The sign is similar to Sylvan St. Grille’s sign.  The individual letters light up.  It is a changeable electronic letter system, not flashing.  The change would include approximately 10 messages per day.  WS- too much distraction to drivers, too many signs there now.  If you are going to change big sign, loose the sign in the directory.  Just have 1 big sign.  Electronic sign is okay if change is limited, not flashing.

Petitioner expresses hardship due to building being set back off road.  WS-okay with sign less electronic message board.  Must take down other 2 signs first.  Just have 1 new sign.

KPO-does not conform to signing by-laws.  WS-suggest adding Gold’s Gym sign to the side of the directory.  (Bring up other signs on board.)  Barlo Signs is asking for relief for additional freestanding sign due to significant size of lot. 

 

Motion by K. Pike-Osgood to continue until 3-9-04.  By-laws need to be addressed and a list of waivers be submitted. There is a height issue, etc.  2nd by L. Lane – continued until March 9, 2004.

 

#03-195 Alba M. Roderick, 96 Railroad Avenue, Take down existing two-family and build new two-family. 

The parking is sufficient, 2 cars each side.  Setbacks are met.  No abutters present.  Access to Town Water & Sewer. 

 

Motion by W. Spinney to accept.  2nd by C. Marbardy – approved as submitted.

 

 

Board discussion:            Salisbury Woods/125 Bridge Rd.

 

Error on plans in regards to location of sidewalks.  Should be on North side.  Mike McCarthy was presented and stated that would not be a problem.  That was just an error by the engineer who though it was the Southerly side.  Conditions state North side. 

 

Motion by K. Pike-Osgood to continue with Jay Tallerman, VHB Rep., & Lisa Pearson present. 

 

Meeting adjourned at 10:00pm