TOWN OF
SALISBURY
Office of the
BOARD
OF APPEALS
5
BEACH ROAD
SALISBURY,
MASSACHUSETTS 01952
978-462-7839
Minutes April 10, 2007
Salisbury
Elementary School Meeting open at 7:25 P.M.
Members present: Charlie Mabardy, Tim Lamprey, Kendra Pike-Osgood, Bill Spinney, Mark Whitmore
Case #05-227 10 Ferry Lots Lane-Cathy Chaisson-
Orbin
Special Permit Renewal for
dog grooming permit. Cathy has talked with neighbors to see if they had any
issues, no complaints. She is working on her privacy fence as she can
financially, is partially done. Tim has concerns with sign on Elm St. which was
not part of original permit. Cathy stated the owner of property has allowed her
to post sign. Tim said she must apply for a sign permit.
Motion by Kendra to renew
permit to be reviewed in two years and to permit the sign
2nd by Bill, all
in favor.
Case #06-040 188 No. End Blvd.-Barbara
Pappalardo, Salvatore Cavallaro,Josephine Dean
Request
to continue
Motion
to continue to May 22,
2nd
by Bill, all in favor
Case #06-048 19 Cushing St.-Matt Steinel, Millennium Eng.
No abutters present
Ciaramitaros
have just received a completed architect plan which now needs to be shown on a
plot plan and would like to continue for that completion.
Kendra
concerned that 6 months has passed since opening of case and thought neighbors
should be notified again in case they have lost track of the status.
Motion
by Kendra to readvertise and renotify abutters and continue to 5/22/07
2nd
by Mark, all in favor.
Case #07-003 109 Rabbit Road-Landscape Express
Request
to withdraw. Applicant not present. 27 abutters and Attorney for abutters,
Robert Eberle present. Charlie gave the opportunity to be allowed ˝ hour to
voice their concerns as there are several other hearings.
Mr.
Eberle stated he expected building inspector to be present.
Herman
Fortin asked the about the laws of light industrial, he presented a description
to board, no odor , no noise, no disturbance. Grinding noises, dust and
smell-has been going on since 2004. Concerned about smells as temperatures get
to 90 degrees.
Charlie
explained the boards position; to uphold the building inspectors cease and
desist or approval appeal. The board can do a site visit to investigate to make
a determination to uphold the inspector or not. Board cannot implement or make
any changes. The building inspector is correct 99% of the time and the board
supports his decisions.
Debbie
Shirley 123 Rabbit Road has issues with their operating hours. Said they start
work before six am and work Saturdays until 5pm., and sometimes until 6:45
weekdays.
Mr.
Eberle had copy of license from 2006. Currently they are not operating under a
license. Hours on license are 7-5 , Saturdays 7-5 in the spring.
When
operating outside of license hours and the building department closed Tim
suggesting calling police to report for record/proof.
Bonnie
Thompson ,Rabbit Road; Trucks idle in front of her house before 5 am., can not
tolerate the dust and the smell outrageous.
Michele
Fortin, employee of Lena’s; why can they withdraw when they have not complied.
Customers complain of odor, they are blaming the restaurant for the odor. This
problem is affecting Lena’s business.
Bill
suggested abutters complaints need to be documented with the Selectman as they
are licensing authority.
Charlie
Cote nite manager at Lena’s’ ; it smells bad, bad for restaurant business, when
the wind blows and the dew point is low it smells bad, so bad you can taste it.
Mr.
Eberle; This problem began before business was even licensed in 2004. Every department,
health,police,fire,building,has been informed and nothing has happened.
When
building inspector is called to the site, miraculously right before he arrives
there is no smell so he blames is on the dumpster or the fan .
Bill
suggests getting all the abutters to record their present and complaint, but
the board does not have power or authority to implement any changes.
Donald
Welch-customer; at restaurant 3/31 and smelled an oil smell, like creosote, an
oil based smell that was really bad
Harry
Cole Rabbit Rd.; this is a farce, smells bad, wants legal fix
Lawrence
Fortin 131 Rabbit Road; the noise wakes them up at 6 am, called police and fire
dept.but they cannot do anything. Every where they complain they are sent to
some one else. Every complaint a deadend
Kendra
suggested all violations be documented by abutters.
Will
Hodge, Hodges Ice Cream; strong smell, septic like; customers complain of smell
at his site.
Marianne
Newman, customer; has mold allergies and gets repertory issues when she visits Lena’s.
Ed
Hunt Selectman; issue before board of selectman several times, owner of
Landscape Express present and would promise to correct issues but nothing has
changed. He has gone to the site with Police to witness violations, has picked
items that should not be brought into our town. DEP has been to the site with
the building inspector. Board of selectman is working on issues. Doesn’t feel
they should wait for a DEP report, that there are violations; there should not
be dust, odors and noise and the building inspector should take action. There
was a discussion between Landscape Express and building inspector to resolve
issues, and building inspector was satisfied but Mr.Hunt does not feel issues
resolved.
Tim
can Selectman revoke license?
Mr.Hunt
said there has not been a vote to revoke the license. All the board members do
not have a reason to revoke at the present time. They are current working on
last years license, waiting for DEP & EPA to visit the site.
.
Kendra
states a letter from Landscape Express as of 3/28/07 claims to have terminated
the operation of grinding wood fibers, which causes the smell. The building
inspector has visited the site on several complaint calls and has not detected
the offensive smell.
Bill
Spinney suggested if the applicant would appear before the board and open the
case at that point the Board could do a site visit to verify the allegations.
Mr.
Eberle wants to know, aside from private action what else can be done? Who does
the building inspector answer to?
Kendra;
Selectman are working on it, you are being heard but it is a slow process. At
this time Selectman are waiting on a DEP report, so they are taking action.
Charlie
asked the Attorney what he could do for his client rather than wait for town
action?
Bill
would like to request the applicant appear before the board. Kendra; Based on
the letter from applicant they believe
they have complied with the building inspectors requests and the issue is now a
moot point and Kendra doesn’t believe you can make them come before the board .
Motion
by Bill to continue 5/22/07 and send a certified letter requesting the presence
of applicant and request the Building Inspector appear also.
2nd
by Tim, all in favor
Case #06-057 109 Atlantic Ave.-Richard Parthum
Request
to continue for full board
Motion
by Kendra to continue to 5/22
2nd
by Tim, all in favor
·
Case #07-011 64-64 ˝ No . End Blvd.-Carol Ann & Michael O’Neill
Letter
of Request to continue
Motion
by Kendra to continue to 4/24/07
2nd
by Bill, all in favor
Case
#07-012 Corporal Patten Way ,
Lot 4-Ronald Christ
Applicant
advised of four member board. Chose to continue.
Request
to create two under size lots, soil evaluations have been done on both lots for
septic, lots would both have frontage needed. Kendra read a letter from abutter
building a subdivision abutting this lot and concerned with the density of the
1 acre lots.
Motion
by bill to continue to 5/22. Board do a site inspection, with a d requested
owner to mark where he plans to place homes.
2nd
by Kendra, all in favor
Case #07-013 5 Bartlett St.-Tom Cook, DPW Realty
Request to relocate house to 3 Bartlett has changed plan to make the lot a conforming lot but the two family house is preexisting non conforming.
Motion
by Tim to change the variance request to a finding as it is less detrimental
2nd
by Bill, Mark and Charlie in favor, Kendra no vote
The
house to be moved to the new lot will meet all zoning requirements. The new lot
will contain the parking lot for SPS of 98 Elm Street. There will be an
easement on the deed of the new lot for the parking lot to be maintained by 98
Elm Street. Abutters present; Don & Jacqueline Haggerty 7 Bartlett-for
project
Pat
Beevers 2 Bartlett for project
Motion
by Tim to grant finding per new plan
2nd
by Bill, all in favor.
Motion
by Kendra to enter Executive Session
2nd
by Mark all in favor.
Vote
on letter from Kopelman and Paige
Motion
by Bill to agree to request
2nd
by Tim, Mark and Charlie in favor, no vote by Kendra
Motion
by Bill to close Executive Session
2nd
by Tim, all in favor
Motion
by Mark to adjourn at 9:30
2nd
by Tim all in favor