ZONING BOARD OF APPEALS

Minutes from April 13, 2004

Members present: William Spinney, George Rioux, Kendra Pike Osgood, Lisa Lane, Charles Mabardy

Meeting began: 7:27pm

William Spinney chairing meeting, C. Mabardy late to meeting.

Old/New Business:

There is still a question in regards to the Selectman sitting in on meetings. The Town Manager is still waiting for a response on this issue.

Memo presented to the board in regards to a recent conversation that the Ken Surette (Building Inspector) had with Barbara St. Andre (Town Legal Counsel). The following issues were discussed and settled:

1) #03-192 Robert Palmisano, 406 North End Blvd. to raise a 19 Unit Motel (7 Units) & construction of a 6 Unit Multi-Family wood dwelling on piles.

Barbara St. Andre agreed with Ken Surette that the Zoning Board of Appeals acted appropriately in regards to the Casino Beach Motel. According to Barbara St. Andre you can take 7 existing units and make 6.

2) #04-197 Jane Tibbetts, 54 Locust St.

Barbara St. Andre agreed with Ken Surette that the Zoning Board of Appeals may grant a Variance for dimensional control (frontage) for 54 Locust St.

Joe Spilanger (Attornery) present.

No abutters present.

Motion by WS to accept. (Variance for frontage granted) 2^nd by KPO – unanimous.

3) #03-177 Alliance Energy/Boehler Engineering P.C.(Pump n’ Pantry), 66 Main St.

Per Legal Counsel, the board may reconsider its decision. The motion may include prohibiting subleasing in general. However, the Board may not single out any business, i.e., listing certain business as not being allowed for the drive-thru.

Howard Speicher (Rep. For Alliance Energy) present.

Motion by KPO to reconsider the decision made on 3-14-04. 2^nd by LL

It was determined that the drive-thru will be owner operated-not subleased.

The “name brands” of businesses will be deleted.

The Board will review in one year.

Motion by KPO to accept with changes as noted. 2^nd by LL – unanimous.

The Final plans for Salisbury Woods were signed at tonight’s meeting by all members present.

#04-200 Randy & Hope Hitchcock, 14 First St.(continued from 3-9-04) Demolition of residence & work building, construction of one 7-unit residential building as condos, renovation of existing office to add 2^nd floor, renovation of cottage to add addition & additional 2^nd & 3^rd floors.

Since the last meeting the Board Members have visited the site.

WS-expressed his concerns regarding traffic to the area. He did make note that he is all for reconstruction & upgrade of old property. However, in this instance there is a lot of room for argument.

GR- 8 residences & 1 marina is a lot to put on 1 ½ acres of land.

KPO- pointed out that there is no permit for the marina. (Before 1970’s)

LL- uncomfortable with going from 2 to 8 units. This is a single-family area.

Randy & Hope have recently spoken to 80% of their neighbors in an effort to address their concerns. Most of the concerns seem to stem on interruption of their view, and the cottage going up 3 stories.

WS-commented that people loose site of the fact that towns change over time. Zning laws have been in place since 1978. The board needs to look at the fact that land owners have rights just like neighbors & towns. The rights of the land owners must not be overlooked.

WS-motion to continue to 4-27-04. 2^nd by KPO – unanimous.

Randy & Hope agreed to sign a waiver relinquishing their rights to a 90-day decision or hearing. (The waiver was submitted at the close of the meeting.)

WS – motion to continue. 2^nd by KPO – unanimous. Continued to 4-27-04.

#03-179 Salisbury Donuts, LLC (Dunkin Donuts/Baskin Robbins), 46 Toll Rd, to keep present signs same size & allow interior lights for signs.

C. Mabardy stepped down.

Dunkin Donuts requested to a withdraw application. The board had previously requested that the petitioner bring the site-plan review info to the board. The info was not received by the board.

Dunkin Donuts may not withdraw. They need to conform to plan (site plan review). There is no Grandfathering of signs. Dunkin Donuts has 3 illegal signs. The freestanding sign is oversized. Their attorney is making arrangements to make all signs conforming. The Building Inspector will be sending a letter to Dunkin Donuts.

WS- If Dunkin Donuts is denied they can’t come back before the board for 2 years. He would like to see it addressed for the benefits of neighbors. As a board, we can either allow them to withdraw as per By-Laws, or deny and they can’t come back for 2 yrs.

LL – The pre-existing signs should have come down.

K. Surette – agreed. They have been making promises to him for months. Letter will go out.

Abutter: Daniel Phillips, 57 Main St. – They have 3 lit signs. The By-law does not allow. It allows 1 lit sign, not 3.

KPO- motion to deny withdrawal. 2^nd by GR – unanimous.

The Building Inspector has agreed to enforce codes.

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

Rep from Barlo Signs present.

He has revised plan for sign. Reduced height by 5’ & decreased width. He will remove sign from main pile-on (top of directory) & remove existing ground sign. There will be minimal illumination – letters & readable portions only. He feels it is in keeping with the character of the area. It is a very large, multi-use site & can support more than 1 sign. The reader board will change several times per day.

No abutters present.

CM- pointed out to board that they are running short of time. They must make a motion or continue.

WS – grant sign as presented. Reader board can change daily. The original sign must be taken down & be replaced with new sign.

GR – 2^nd motion.

LL – denied. KPO – denied. Motion is denied.

Two Minute Recess

#04-203 Louis Minicucci, 79 Atlantic Ave., to raze existing 2 buildings containing residential units. Construct 1 building containing 4 residential units meeting all dimensions& zoning requirements.

Ron Laffely (Fulcrum Builders) present.

Certified Plot Plan presented.

Move building back to meet 10’ setbacks. Left/Right side 10’ from property line.

Building under 35 ‘ in height. Pavement reduced to 20’.

Abutter present: Francis Fiorenza, 75 Atlantic Ave. Brought petition from other abutters. The old building is 1.5 stories high. The new building will be 3-4 stories high & 2-3 times the square footage of the old building. Abutters are concerned they are loosing the “air & sunshine”.

10 ‘ further back would be acceptable to abutters. They are encroaching on dunes, blocking light & there is concern about noice from air conditioners on top of buildings.

Ron Laffely pointed out that there are 26 abutters, but only 6 signatures on the petition.

He also pointed out that they would be re-planting & re-nourishing the dunes. Half of the cars would be undercover. The trash will be inside the building out of site. There will be a site light on building.

Motion by KPO to continue until 4-27-04. 2^nd by WS – unanimous.

#04-204 Linda Walsh, 133A – 133 Elm St., Variance for frontage required to raze garage & subdivide lot.

Linda Brown Walsh representing parents.

CM – needs to be re-advertised. The advertisement must read to raze garage & subdivide the lot. A Variance is needed for frontage.

Motion by KPO to continue until 4-27-04. 2^nd by LL – unanimous.

#04-205 Timothy Welch, 25 March Rd., to build a 26’x32’ 3-bedroom addition.

Setback requirements-40’ A 3’ Variance is needed.

Abutters present: Bobby & Jerry Klima in favor of project as proposed.

CM – recommends Mr. Welch give board a plan. WS- allow up to 36’.

Motion by WS to approve. 2^nd by KPO – unanimous.

04-206 Kathryn G. Cleary, 10 Vermont St., additional floor for increased living space.

Two houses on 1 lot now. Wants addition on 2^nd house for additional living space.

No abutters present.

Motion by KPO for site inspection by board. 2^nd by WS – continue to 4-27-04.

9:55pm motion by KPO to adjourn. 2^nd by LL – unanimous.

Meeting adjourned at 9:55pm.