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HIGHLAND AVENUE - STASIONS, MIKE - ZBA ighland aVe B-2,R-1 ,R-C 9FY Mike Stasinos-Petitioner . _ _ - ___Pq -- Nicholas Fiore-Owner U 210 /w, `mo i of "alem, CL ns!3n "'me s P"onru o GTP Z� DECISION ON THE PETITION OF MIKE S^1ASINOS FOR A VARIANCE ,; FOR 394 HIGHLAND AVENUE, SALEM fro �� � 49 Q�� '00 A hearing on this petition was held February 8, Inn ,lith the following Board Members present: James Hacker, Chairman; Messrs:, Hopper, LuiinWSand Associate Member Bencal. Notice of the hearing was sent tom u - �s``a" Irbt ers and notices of the hearing were properly advertised in the Salem Evening News in accordance ;with Massachusetts General Laws chapter 4OA. Petitioner is requesting a Variance to construct 216 cluster residences in a mixed commercial/residential/conservation zone. Owner of the property is Nicholas Fiore. This application was continued from the December 21 , 1983 meeting. Attorney George Vallis, representing the petitioner requested Leave to .withdraw without prejudice. The Board unanimously voted to allow petitioner to withdraw.. VARTAFdCE WITHDRAWN WITHOUT PREJUDICE. 12 co t t,. Charnas, Acting , cr etary A COP; OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Till of 0alpin In the year one thousand nine hundred.and Eighty-Three An Mrlbiriari.P to create a Drainage alteration permit process Be it ordained by the City Council of the City of Salem, as follows: *rthnt $..The City of Salem Code of Ordinances is hereby amended by adding the following new sections 26-170 to 26-174. 26-170. Permit Required. it shall be unlawful for any person, corporation, firm, or other legal owner of real property in the City of Salm to disturb the existing grade of land by more than two feet without first obtaining the approval of (a) the Salam Conservation Ca:mission if the property is subject to the Wetlands Protection Act, or (b) the City of Salam Planning Board if the property' ; is being altered pursuant to a subdivision which is subject to the Subdivision Control Law; and (c) the City of Salem City Engineer. 26-171. Permit to Issue. Permits will be issued by the City Engineer to the owner or the aaners' duly authorized agent after the City Engineer has reviewed a plan to be submitted showing the nature of the grade change proposed, but only on such conditions, which shall be determined by the City Engineer, that will ensure that the proposal grade changes will not adversely affect existing drainage and ground water conditions which would affect the public health, safety, and welfare of any public way or adjoining real property. The City Engineer shall adopt rules and regulations to implement this ordinance, subject to City Council approval. Any denial of an application properly made hereunder, may be appealed to the Board of Appeal of the City of Salem. 26-172. Permit Fee. A permit fee of $25.00 shall be paid at the time that an application for a drainage permit is filed with the City Engineer. The City Engineer shall act to grant, with or without conditions, or deny, an application herein within 14 days of its filing. 26-173. Private Property. Liability for damage to private property abutting the construction and caused by the permittee; his agents or servants, shall be borne solely by the permittee performing the work. 26-174 Penalty. Any permittee who violates or refuses to comply with any provision of this article shall forfeit and pay to the use of the City of Salem a sum of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each violation. Each day, or portion of a day, that any violation is allowed to continue shall constitute a separate violation of this article. Section 2. This Ordinance shall take effect as provided by City Charter. In City Council November 10, 1983 Referred to Ccmni.ttee on Ordinances and Legal Affairs to meet with Engineer and Solicitor In City Council December 5, 1983 Adopted as amended for first passage In City Council December 19, 1983 Adopted for second and final passage Motion for immediate reconsideration in the hopes it would not ,prevail was denied Approved by the Mayor on December 19, 1983 ATPEST: JOSEPHINE R. FUSCO CITY CLERK ,1 POP!j.0 DALY, VALLIS, IDPUCAS & Y-3ECE. ATTORNEYS AT LAW W, I ONE CHURCH STREET t' SALLAI, 0J070 RICHARD-E. DALY Q AREA CODE 617 nip: GEORGE P. %t;VSQ S,Lsfulll 74�0500 CHRIS ORUCIS! ! ROBERT F. PECK, JR. KEVIN F DALY February 1, 1984 Mr- james Hacker, Chairman Board of Appeal One Salem Green Salem, T"I-A 07.970 Re: Application for Variance by Mike Stasinos 394 Highland Avenue, Salem Dear Mr. Hacker: Please be advised that my client, Mr. Stasinos, wishes to withdraw his petition without prejudice for a hearing which has been scheduled for February a, 1984. Thank you for your consideration in this matter. Very ul ("f Y. Your VD, GEORCY P. -LLIS, Attorney for Mike Stasit s GPV/Cac Enclosure CC: Mr. Walter Powers Planning Board City Hall Salem, MA 01970 f Otg of ttlPm, as!5arhusette $ Poxrb of � rzil �j4<�1111N8��N~ MINUTES OF THE BOARD OF APPEAL MEETING - FEBRUARY 8, 1984 A Public Hearing of the Salem Board of Appeal was held Wednesday, February 8, 1984 at 7:00 p.m. , on the 2nd floor, One Salem Green. Notice of said hearing having been duly advertised in the Salem Evening News on December 7, 14, 1983. Abutters and other interested persons having been notified by mail Present were: James Hacker, Chairman; Messrs. , Hopper, Luzinski and Bencal. Meeting was called to order at 7:00 p.m. by the Chairman, Mr. James Hacker. Mr. Bencal was appointed a voting member. 394 Highland Ave. - Mike Stasinos This petition was continued from the December 21 , 1983 meeting. Mr. Hacker read a letter from Attorney George Vallis, representing the applicant, requesting this petition be withdrawn. Letter dated February 1 , 1984. Mr. Hacker explained that as this petition was heard on December 21 , 1983 and a Special Meeting set up for February 8, 1984, it required a formal vote to allow withdrawal. Mr. Hacker brought to the attention of the Board a letter from Councillor Grace regarding a meeting with neighbors reqarding this application, and urging the Board to allow petitioner to withdraw. Mr. Bencal made a motion to allow Leave to Withdraw Without Prejudice. Mr. Hopper seconded. UNANIMOUSLY GRANTED LEAVE TO WITHDRAW. Mr. Hacker wanted to go on record as commending the applicant on his willingness to work with the neighbors to try to work out the problems. . Hearing adjourned at 7:05 p.m. , next scheduled hearing to be held Wednesday, February 15, 1984, 2nd floor, One Salem Green. Respectfully submitted, Brenda M. Sumrall Clerk j M. "CON of �Szllclu, usetts 1 O� Offia of #lie Ti#q fl mmrif A q (ZHU PHu 6�80„ggg g0.''S - WARD COUNCILLORS JOHN R. NUTTING 1985 COUNCILLORS-AT-LARGE PRESIDENT _ 1985 - ' GEORGE A. NOWAK JOSEPHINE R. FUSCO STANLEY J. USOVICZ. JR. JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY FRANCES J. GRACE LEONARD F. O'LEARY JEAN-GUY J. MARTINEAU JEAN MARIE ROCHNA GEORGE P. MCCABE RICHARD E. SWINIUCH JOHN R. NUTTING December 4 , 1985 Attorney Jack Kielty ,Chestnut Street Peabody, MA 01960 Dear Attorney Kielty: On Wednesday, November 6 , I attended the Board of Appeals meeting for an advertised hearing on the petition of developer Michael Stasinos. Prior to the meeting I was told by yourself, Councillor O' Leary, and the proposed developer that a continuance of the variance would be requested that evening and the petition would not be heard. I stayed for an earlier hearing and after being advised by y you and the others the petition for the Stasinos property would not be heard that evening, I left the meeting. I was totally exhausted and felt my presence would not be needed after being told the petition would be held over. I was quite surprised to read in the following day' s edition of the Salem News that the petition had indeed been discussed. Now, to further add to my disillusionment, I was told by Mr. Hacker, the Chairman of the Board of Appeals, that the public hearing on the matter has been held and I am now not allowed to give my comments on the proposed project. As you are well aware, I was the Ward Four Councillor when it was first mentioned to develop this parcel. I held several open meetings with the residents and the developer, and at no time did I get the sense of the neighborhood that they favored such a project of this magnitude. Due to the fact that my due process as an elected official has been denied me - and I cannot let my position on the matter be stated in public - I shall have to resort to a written statement. i (OVER) L— 2 1 I firmly oppose the granting of any variance for this property at this time. The number of units proposed, although scaled down from the original plans, is still too dense for the area. Too many unanswered major questions still remain to be addressed. Specifically, the volume of available water to service the area, adequate sewerage pumping stations, the flow of traffic on an already congested route , lack of traffic lights or inclusion of additional signals, and several others. My feeling is that the initial phase would have been that the Planning Board address these and other pertinent issues of concern to the abutters and surrounding neighbors. I fully understand that your client owns the land in question and has every legal right to develop it. However, until the concerns of the citizens and its elected officials have been met, I still firmly oppose the development of this parcel. Sinc rely, Frances J. Grad Councillor At Large FJG/pmb cc: Board of Appeals Neighbors W MINUTES - DECEMBER 21 , 1983 � t page six 394 Highland Ave. - Mike Stasinos (Petitioner) Nicholas Fiore (Owner) t" Petitioner is requesting a Variance to .construct 216 cluster residences in this B-2, R-1 , R-C district. Mr. Charnas read the application andletters from the following: The City Engineer, saying he could not favorably respond to this given the information presently `available. to him, the::Planning Board also is not favorably inclined due to lack of information available. IThe Fire Department has no objections.- He read a letter of opposition from William Slison, no address given. Mr. Charles Fredrickson, representing the Planning Dept.; said there appears to be a violation of the wetlands act. Attorney George Vallis,. ! Church St. , representing the petitioner addressed the Board, thinks this is simple, I am not here before the Planning Board or the Conservation Commission, we are here before the Board of Appeal. ' We have applied to.the Planning Board with a` preliminary 'plan. He displayed pl"ans 'showing. the zoning, we could come-under the PUD program, -seems before we-can go before the Planning Board we have to come to this Board. There will be a small shopping area. This is a piece of scrub land, to develope this we need a variance, I am sure the people here will address the traffic problem and the problem regarding schools. We are here because of the cluster zoning. Mr. Charnas said he was reluctant to act on this at this time. Mr. Vallis said. he would like to be`heard tonight. Mr. Charnas said, as a courtesy to you, I will tell you that I am going `to'abstain, you will need to carry the rest of the Board or you will lose. He suggested the Board notify the Planning Board and requested Mr. Vallis withdraw for at least 60 days to give the Planning Board time to act. Mr. Hacker felt the Board should at least hear the presentation. No one appeared in favor. In opposition: Councillor Frances Grace, speaking for the residents, all of them. I am annoyed with the timing of this petition. If this is voted tonight, I can compare this with the midnight raise of the State Legislature, we are very very concerned. Access roads for one. She sub- mitted a Council Order dated August 18, 1983 regarding the city's capability in handling the present water delivery system, and other municipal services, to service 1 the projected future building in the Highland Avenue area. Would like to see houses, but not on this massive a scale, would like to see the petitioners withdraw. Mr. Hopper said he agreed with Mr. Charnas, would like to see them withdraw. Mr. Bencal' suggested a hearing be set for this case only. Mr. Vallis said he would like to continue. Charles Frederickson, explained that. the petitioner did file a p:^elim- inary plan and it was scheduled for November 27, 1983, however, they did nut show up. Until the other day, the Planning Board had not heard from him. Mr.' Charnas made a . motion to continue this case until February 8, 1984, Mr. Bencal seconded. UNANIMOUSLY. CONTINUED UNTIL FEBRUARY. 8, 1984. Hearing adjourned at 10_:30, p.m. , next scheduled hearing will be January 18, .1984 second floor, One Salem Green. a : Respectfully submitted, ` I Brenda M. Sumrall Clerk i r . 5 i II wIrl , l �iLk l���a t`, 1�t v G'��o� k T10 VA g 4:I,�ctZ Ay f 11 i ii _ _ __ - i _ _ _ t--- II_ _ - -- _ _ - -- _ . _ -- - - - - - - _ I�=- = li` - �� --_ �� _ _ -- BOARD OF APPEALS s + DECQQ s ,Y D20 2 51 PH 9UJ Jpe�I.NINBW�tY REi1Y;tT o ,5- tt�sttrl�u�rtt� CITY OF SALEr,MASS. :43elaartramt of Ilublir Morks (ane Ebalear Green ANTHONY V. FLETCHER, R.P.E. - WILLIAM F. HAIGHT.JR. DIRECTOR OF PUBLIC SERVICES ASSISTANT DIRECTOR OF PUBLIC SERVICES - CITY ENGINEER _ December 20, 1983 — Board of Appeals One Salem Green Salem, MA. 01970 Mr. James Hacker Chairman RE: Residential Units adjacent to Rich's, Highland Avenue Members of the Board: I have been requested to report on the availability and suitability of water and sewer service to accomodate the possible construction of 200 or more units adjacent to, and westerly of, Rich's Department Store, off Highland Avenue. Please be advised that a project of this magnitude will require connection, either by site pumping or by gravity, to the Ravenna Avenue Pumping Station. This pumping station is already strained to its limits of pumping capacity at less than peak flows that are generated by rainfall . I have not received a sewer connection plan for permit purposes, however, I cannot favorably respond to a permit request given the information presently available to me, based on the capacity of the Ravenna Pump Station. North of this location, on Highland Avenue, areas under consideration for construc- tion are connected to gravity systems of adequate size and slope to service design flows, and sewer extension permits have previously been approved by this office and State Division of Water Pollution Control . Very truly yours, AVF/cc A. V. Fletcher, P.E. —� City Engineer cc: Richard McIntosh Director of Public Services Planning Board Greg Senko Mayor Levesque �vav4`�n E APPE4,LS. Cjt#I of 5'alera, 4 �xelru e # ire Department Peabquarters �amea _�fiiennan R 48 �ette `�trzet C4iefCzI TYr _ A Alem, Ja_ II1370 Date: December 21. 1OP'9 Salem Board of Appeal Re: 394 1-[irh1and Ave. City of Salem, Massachusetts Mike tasionos One Salem Green HearinV, Date : 1.2/21/,93 Salem, Ma. 01970 Sirs: As a result of notice received concerning the Board of Appeal hearing for the above listed name and address, the Salem Fire Department, requests the following items to be placed on record. 1. The Salem Fire Department has no objection to the b �: .c concept for the proposed 216 cluster residential units, as shown er, a plan on file , with this offi-c( . However, the requirements for utilities, hydrants , - fire alarm equipment and devices shall be met, per provisions of Chapter 12, of the Massachusetts BuildinN; Code. Each structure shall be a separate dwel-l:ing unit and shall require an individual permit for ea.ch. 2. The Site plan must be submitted for stamped appro,ral prior to approval of any individual structure ;,plan. Respectfully submitted Captain David J. Goggin cc: Building Inspector Salem Fire Marshal file Form ,"r 105 ca // l , 04 s / / Coil Metropolitan Area Planning Council 110 Tremont Street Boston, Massachusetts 02108 (617)-451-2770 13C Serving 101 Cities & Towns in Lletropolitan Boston September 22, 1983 . The Honorable James S. Hoyte, Secretary Executive Office of Environmental Affairs 100 Cambridge Street Boston, Massachusetts 02202 SEP 3 0 1983 Attention•, MEPA Unit SALEM PLANNING DEPT. Project Identification: .777 Project Name: Highland Avenue Condominium EOEAiE: 4884 Project Proponent: Michael Stasinos MAPCO: ERF-83-136 : .:'. . Location: Salem Received: 8/22/83 Dear Secretary Hoyte: In accordance with the provisions of Chapter 30, Section 62, of the ^`itassachusetts General Laws,. the Council has reviewed the Environmental Notification Form identified above and offers the following comments Environmental Notification Form adequate; no Environmental Impact Report should be required. J2. Before a determination can be made as to whether or not an Environmental " Impact Report should be required, additional information should be provided on ( ) ,probable environmental impacts, O alternatives to proposed actio., ar = and/or O measures proposed to mitigate probable impacts ; X An Environmental Impact Report:(x)' should be required, ( } is categorically ,G•:. required. , X Additional comments are attached. Very trulyL-yours. Jonathan G. Truslow Deputy Executive Director/ Director of Planning JGT/LS/lab s cc: Mr. W. Gregory Senko,. MAPC Rep. , Salem Mr. Michael Stasinos Ms. Laura Stambaugh, MAPC Staff Ui.abetn A. 3ransrieid, Pres;oent wiiiiam �.sawyer':ice•Pres:aert Frank L 3axter. :ecretary Pa:rc:a.t$racc;�rea;.,uer Executive.Director: Mexander V.ZatesAi metropolitan Area Planning Council 110 Tremont Street Boston, Massachusetts 02108 (617)-451-2770 Serving 101 Cities & Towns in Metropolitan Boston DATE: August 22, 1983 I.D. 9: ENF-83-136 TO: W. Gregory Senko COMMUNITY: Salem -- - Enclosed is a description of the project referenced below The Council requests that you consider whether this report adequately describes the project's impact upon your community and addresses significant environmental benefits and potential damages. PROJECT TITLE. Highland Avenue Condominiums THE COUNCIL HAS ONLY 20 CALENDAR DAYS TO FILE COMMENT WITH E.O.E.A. TO MEET THIS DEADLINE, YOUR COMMENTS MUST BE RECEIVED AT THE MAPC BY September 21, 1983 ADEQUATELY DESCRIBES ENVIRONMENTAL IMPACTS `.MERITS FURTHER ENVIRONMENTAL"STUDY - s. ® NEED MORE INFORMATION EXPLANATORY COMMENTS: ! ; ', �:.. �yy�,yyr`yyi""'t t� 3WvY � '� • fh'i V•'�W��'� W�u.Y�l•�•� � r �/i i �. �. •1 �1f'.W Jyt .4 1.c 1 ;4), C'C �' l /V������� !r� tic( �✓� i� �L G/� llir_ / : tl� _� rl/ h ji ✓y. •�' CGII .J: is �L ?� �('�'� / - '�-�l� :-� ..� , - (�. /%%1C..�rv/�/%f./•Jl ;.Z tiv J i//r..4- li!Gi: / / .L. J iA..r-( i� 1 ��9 !Nc1'� . • " . / j // �• i„l{ 1 lr ✓ / I ` A J DATE: � / 2l 11,r,Z, EJzaoeth A. oranvie;d 're;,dent %VJliam C.Sav ver. icz-a:z;+dent - FranK F. Baxter. :ec.emry :-.3raav:Treasurer Executive 0irector Alexander V. Zaie;ki - _ r The Honorable James S. Hoyte 2 - September 22, 1983 Additional Comments More information is needed in order to comment on the environmental impacts of the Highland Avenue condominium development._ The issues that have not been addressed include: 1. An increase in vehicular trips to the project site may exceed the number categorically required to complete an EIR. The figures were not given in the ENF. 2. The U.S.G.S. map indicates that traffic access to the project site is off of Route 129/107. A sketch should be included showing the location of driveways in relation to the highway. 3. The site is located within a wetland area, therefore an EIR may be required. 4. Existing drainage and runoff problems are not adequately addressed. It is necessary to describe drainage methods proposed. e i 4 - - sL" _ 3 _ T iyeF- i._ ;i On ZI e.3 7w'7 ` �, latllittta �Dartl - " y° ( tip5ttlrin (&rrrn R t D CIT VSp,L r% 1AS5, December 19, 1983 Par . James Hacker, Chairman Beard of Appeal One Salem Green Salem, MA. 01970 Dear Mr. Hacker: The Planning Board has reviewed the petitions scheduled to be heard before the Board of' Appeal on Wednesday, December 21, 1983 , and wishes to express general opposition to the increase in den- sity of residential areas because this practice in time could create de-facto zoning changes . . Our opposition to petitions 1, 5, 6, and 7 reflects this opinion. It runs contrary to the City' s planned zoning for speciric residential densities , tends to change the quality of life in the neighborhoods , and exacerbates the parking conditions . This policy is the Board's general view; however, we are hes- itant to issue blanket opposition without knowing all the factors involved. There are many properties in the various zoning classi- fications that are under-utilized and could be upgraded to reflect the surrounding density. We , therefore , respectfully ask that the Board of Appeal take our concerns into consideration in making their decisions on these types of petitions. Regarding the petition of Mr. Stasinos ('#8) , the Planning Board has been presented with a preliminary plan only by. the petitioner for this proposal. Therefore , we do not feel we have had enough information to comment in a responsible manner. The project conerns us, particularly as it spans three .zoning dis- tricts , it is being located in a sensitive area, and we wish to make sure the commercial section is well-planned and the quantity and quality of the housing units is compatible with the area. Therefore , we respectfully request the Board of Appeal consider continuing this petition beyond the December 21, 1983 meeting to allow us proper time to give constructive input . The Planning Board would very much like to meet with the Board of Appeal after the first of the year to discuss issues of mutual interest, and in particular to review our role in commenting upon the various petitions pending before the Board of Appeal. Because • f « i _Q_ our areas of interest and jurisdiction are very often concurrent, ,it would seem to be valuable to both Boards to become more familiar with the aims and policies of each. The Planning Board feels understanding of our mutual goals for the City would be beneficial. If the Board of Appeal agrees , I would be pleased to arrange a mutually convenient time to meet. Sincerely your Walter B. Power, Chairman (J WBPidey j Qi#g of �$atera, Cfflttssur4usetts d office a tht ctg aw=q Ctv pall u�W¢e SY WARD COUNCILLORS STEPHEN P. LOVELY 7988 COUNCILLORS-AT-LARGE PRESIDENT 1983 GEORGE A. NOWAK JOSEPHINE R. FUSCO JOHN F. NESTOR, III JOSEPH M. CENTORINO CITY CLERK STEPHEN P. LOVELY JOHN J. GIARDI FRANCES J. GRACE JEAN-GUY J. MARTINEAU BRIAN T. O'KEEFE JAMES M. FLEMING JEAN MARIE ROCHNA JOHN R. NUTTING February 6, 1984 Mr, Jams B. Hack-far, Chairman Board of Appeals 7 Ugo Road Salem, VIA 01970 Dear P1r. Hacker: On Wednesday, February 1, Councillors Lovely, O'Leary and Grace held a neighborhood meeting with the residents in the upper Highland Avenue area to discuss the proposed project for 216 Condo Units, and 30,000 sq, feet of retail space. Attorney Vallis was present along with his client, Mt. Mike Stasinos, Charles Frederickson from the Planning Dept. , Mr. Richard Bencal from the Board of Appeals,-and r1r. Kenneth May from the Planning Board. The residents were given a detailed explanation by Mr. Vallis, along with the various maps, plans, etc. However, many important questions, mainly dealing with water delivery,` sewerage pumping stations, schools, and traffic control remain unanswered. The environmental impact statement, which the Attorney had recently received, was made available to the councillors, Attorney Vallis infornmd us that as of February 1, he had sent the Board of Appeals a letter to withdraw the petition for this project at this time. In as much as the hearing was opened at the prior meeting of the Appeals Board, and continued, I would like to strongly urge the Board, in its wisdom, to vote to allow the petitioner to withdraw without predjudioe at this time, to allow the strong 'concerns of the neighbors to be answered. No consensus was reached with the group, nor with the Councillors attending the meeting, as to their acceptance or rejection of the elan. At this time, too many questions are unanswered, and until they are satisfactorily agreed upon, I strongly urge you not to even consider this proposed project, 'Thank you and the other members of the AT-peals Board for all of vour past considerations in hearing from the people. Sincerely, FRANCES J. WRACE Councillor-At-large