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1976-PLANNING BOARD 1' nv�s 192 - � q7�7 _� _ . _ 1976 - -- - -- -� �_ _ _ _ _ J .r � � � � � � Ctv of $alent, Aussac4usetts �,',` �y �litttttittg �narl a MINUTES OF THE PLANNING BOARD MEETING HELD JANUARY 8, 1976, FIRST FLOOR CONFERENCE ROOM, CITY HALL, 93 WASHINGTON STREET, SALEM, MASSACHUSETTS Members Present: Abby Burns, Paul D'Amour, Staley McDermet, Walter Power, Alfred Rozumek, William Wheaton, Tadius Sadoski Members Absent: Raymond Sweeney Also present were Nicholas DeCoulas, Esq. and W. Gregory Senko, City Planner. A motion was made by Abby Burns, seconded by Paul D'Amour, and unanimously voted by Members present to accept the Minutes of the Meeting of December 18, 1975 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. i • Mr. Sadoski noted that the 45-day waiting period for action on release of funds for the Larch Realty Subdivision will be up'.on February 13, 1976. Therefore, the Board must take final action no later than February 5, 1976. Paul D'Amour recommended that a form be made up listing all pertinent information that should be presented with a Form A application. Staley McDermet and Paul D'Amour agreed to work on the preparation of such a form to present to the Board for their approval . The Chairman reviewed correspondence received at the Planning Board Office. Discussion was held on the new Massachusetts "Growth Policy Development Act" that was recently passed, which states that within one month of the effective date of the Act , every city or town shall create a local growth policy committee. The committee will consist of the Mayor, Chairmen of the Planning Board , Conservation Commission, Housing Authority, Redevelopment Authority, Department of Public Health, the City Planner and '`f• five lay people whose names are being submitted to the City Council at their meeting tonight. CORRECTED Minutes of the Meeting of January 8, 1976 Page 2 A Growth Policy and Land Use Management Workshop will be held at MIT, January 19, • 1976. Mr. Sadoski indicated he would like to attend. The Board of Appeal Agenda for the January 20th meeting was reviewed. The petition of Forrest E. b Marjorie E. Randall for a Special Permit to maintain a pro- fessional office in their home (hearing aid service) at 15 Winter Street (R-2 District) was discussed. Mr. Wheaton said he was reluctant to see this granted, especially in the older part of town, as he considered this a commercial intrusion and said he would like to go to the meeting to speak on this petition. DEARBORN - LARCH AVENUE SUBDIVISION - WELLINGTON PARK Mr. Sadoski questioned Mr. DeCoulas as to whether or not the underground electrical utilities were ever installed. Mr. Sadoski said that under the rules and regulations of the Planning Board , unless a waiver has been granted, electrical utilities shall be placed underground, and if this hasn' t been done, who would pay for taking up the • streets and sidewalks and then for resurfacing same. Mr. DeCoulas replied that as far as he knew this work has not been done, that he would like to talk to the City Engineer and then come back and talk to the Planning Board at the next meeting. Mr. Sadoski advised that in talking to the City Engineer, Mr. Fletcher mentioned that we should have an as-built plan in the records with a map attached showing where the easements are. Mr. DeCoulas agreed to submit same. Mr. Sadoski recommended the developer also submit left and right profiles which means modifying the plan we now have in our files to show the easements that were talked about. Mr. Sadoski said the Board will check to see whether the underground utilities have been installed. If they are not in, the Board recommended that either the secretary or Mr. DeCoulas get a figure from the City Engineer as to how much it will cost for installation and then repaving. • Mr. Senko advised that One Salem Green will be available for future evening meetings and recommended the Board hold their meetings in the small conference area or in the larger conference rooms, 2nd and 3rd floors. Minute.s of the Meeting of January 8, 1976 Page 3 Mr. Senko spoke to the Board Members on the Community Development program • and advised that the Board ' s input will be appreciated. Public Hearings will be held in February so that an application for the second-year program can be submitted. to HUD in March. Mr. Senko then discussed finances, noted that the Planning Department ' s funds were low and asked if the Board would OK the printing of the Controlled Growth Maps which would cost about $200 and also approve the $168.00 bill that was received for recording the Controlled Growth Ordinance and related maps with the Registry of Deeds. Mr. Senko stated that if the decision on the Loring Hills subdivision case, now before Judge Mitchell , goes against the City and a decision is made to appeal , there will be a sizeable charge. Mr. Sadoski felt that the City Council approved the Controlled Growth Ordinance and the City Clerk should be responsible for getting it registered, that there should be a fund for that type of expenditure. Mr. Sadoski said the Planning Board is just an advisory board and the logical agency responsible for the bill is the agency that • passes the bill . Mr. Senko said he would check with the City Clerk but that there were so many expenses that have come up, Mrs. Coughlin has even requested the Planning Board pay for the advertisement for the joint meeting of the City Council and the Planning Board of October 6, 1975• Mr. Senko requested that the Planning Board write to the City Clerk, indicating the Planning Board has no desire to pay for the advertise- ment. The Chairman stated he could see the Planning Board may have to share the cost because it was a joint meeting and that a letter would be sent to the City Clerk stating the cost should be divided between the City Clerk' s office and the Planning Board. Mr. Sadoski asked Mr. Senko to check to see if changes to the Zoning Ordinance should be submitted to the Attorney General 's office. Mr. Senko advised Members that a fellow from MIT is doing aerial work and has come up with a proposal . This man finds he can photograph parts of the City on a • smaller scale, even down to a single lot subdivision. The total project would be in range of $4-5,000 and the Planning Dept. is trying to do as much as possible under C. D. The subdivision control maps would be about $400, but he could take slides of Minutes of the Meeting of January 8, 1976 Page 4 • the City and get down to single lots. Subdivision slides would be about $400 and it would be a Planning Board expenditure. Mr. Sadoski stated there was nothing in the budget that would cover this. Mr. Wheaton said he would find no use for them in going down to the parcel level , that a photo on the same scale as the assessor's map would be useful . Mr. Senko then reviewed what the members of his staff were working on -,and noted that Dave Lash was preparing an information package on the C.D. program which will be sent out, by the first part of next week, to Board .Members and the City Councillors, for their review. Mr. Senko said the Board may have to schedule additional meetings as they may relate to the Controlled Growth Ordinance and problems the Board will have to consider. He felt once the Capital Improvements Program and the C. D. application are finalized, then the Zoning Ordinance could be revised, which will probably be about March. • Mr. Senko also advised that the Department could not begin work on a Master Plan for at least six months and that all of the high priority programs lead toward the Master Plan. Mr. Wheaton felt the Zoning Ordinance was a high priority item and would like to see Planned Unit Development incorporated into the Zoning Ordinance,also'the Board is concerned with changing uses of land. Mr. Senko presented the first Controlled Growth Development application sub- mitted by Robert Bowes, authorized representative for Alfred J. Thibault et al ,c/o 59 Federal Street. Mr. Bowes and others have purchased the Old Mattress Building on Canal Street and plan to rehab it for business purposes on the first floor, apartments on the 2nd and 3rd floors. Mr. Senko stated the Planning Department finds no problem with this application as it meets the criteria and has the maximum number of points. A variance will be necessary for the use of parking. • A motion was made by Staley McDermet, seconded by Abby Burns , and unanimously voted by all Members present to accept the Controlled Growth Development Permit as Minutes of the Meeting of January 8, 1976 Page 5 • submitted by Alfred J. Thibualt et al as it meets the criteria and has the maximum number of points required. The Chairman declared the motion carried. A motion was made by Walter Power, seconded by Abby Burns and unanimously voted to adjourn the meeting at 9:35 P.M. The Chairman declared the motion carried. Respectfully submitted, • Ctv of Sttleni, M�s�zcl��tse##s • � ' " '� �I�tttttittg �Dartl A � a Wne Oalrm (Arrert PLANNING BOARD MEETING JANUARY 8, 1976 AGENDA ' 1 . Approve Minutes of the Meeting of December 18, 1975 as copied and mailed to Members for advance reading. Motion Second 2. Correspondence a. I :E.P. - re Consultants b. Controlled Policy b Land Use Management Workshop c. Mass. Dept. of Community Affairs - Newsletter d. Board of Appeals Agenda 3. General Discussion a. City Planner 4. Community Development Discussion 5• Adjourn Motion Second a L1114tC_WILLIAM J. TINTI CITY OF SALEM ETER R. MERRY CITY SOLICITOR $T9N CITY 90LICITOR 70 WASHINGTON STREET MASSACHUSE(-TSI9-O ErSOUARE SALEM,MA 01970 SALEM, MA 01970 743-3030 744-2948 May 19, 1976 Planning Department City of Salem One Salem Green Salem, Massachusetts 01970 Attention: Priscilla Dear Priscilla: Enclosed please find revised Minutes of the Salem Planning • Board held February 5, 1976. If you have any questions, please contact me. Sincerely, William J. Tinti WJT/dld Enclosure l t'1• • ,r MINUTES OF THE PLANNING BOARD MEETING HELD JANUARY 22, 1976, 7:30 P.M. , AT ONE SALEM GREEN MEMBERS PRESENT: Abby Burns, Paul D'Amour, Walter Power, Ted Sadoski , Alfred Rozumek, Staley McDermet MEMBERS ABSENT: Raymond Sweeney, William Wheaton The Chairman called the meeting to order at 8:00 P.M. , and inasmuch as Al Rozumek and Staley McDermet called and said they would be late, the Chairman opened the meeting just for discussion as there was not a quorum present. The Chairman noted a correction on Page 2 of the Minutes of the Meeting of January 8, 1976. Sixth paragraph, 2nd line, should be changed to read, "If they are not in, the Board recommended that either the secretary or Mr. DeCoulas get a figure from the City Engineer as to how much it will cost for installation and then repaving". Discussion was held on correspondence received from the Massachusetts Federa- tion of Planning Boards, Inc. relative to Revision of Chapter 40, M.G. L, The Zoning Enabling Act. Mr. D'Amour recommended the Board' s review of this correspondence and suggested the Board try to get the revision adopted right away. Correspondence was received from the MAPC regarding a Water Quality Planning Workshop to be held Monday, January 26, 1976, 7:00 P.M. at Danvers High School . Mr. D'Amour said he would try to attend and the Chairman suggested checking with the Planning Department to see if any one from the staff was going to attend. The Chairman reviewed correspondence from the Commonwealth of Massachusetts regarding the Growth Policy Development Act; a bulletin re seminar on Solid Waste Management, sponsored by the Cooperative Extension Service; Minutes of the Conservation Commission meeting; and Board of Appeal decisions. The Chairman • noted preceding communications would be on file at the Planning Board office. Minutes of the Meeting of January 22, 1976 Page 2 • The Chairman reviewed correspondence sent to and received from the City Clerk's Office relative to payment of a bill for advertising the Joint Public Hearing of October 6, 1975 re Petition for Amendments to the Salem Zoning Ordinance. Mrs. Coughlin has informed the Board that the Clerk' s office had to pay $848.00 for advertising the first and second passage of the Ordinance and that their budget is nearly depleted. The Chairman sent a letter to Mrs. Coughlin saying the Planning Board would share the cost and pay $200 of the bill . Mr. Sadoski did note he was not in favor of paying the total bill , but, if need be, the Board would have to pay it. LARCH REALTY TRUST SUBDIVISION - Present : Nicholas Decoulos, Esq. Discussion was held with Mr. Decoulos on this subdivision. Atty. Decoulos notified the Board he had delivered a letter to the Planning Board office January 21 , 1976 from Massachusetts Electric, enclosing a copy of their Underground Residential • Development Policy No. 3• Mr. Decoulas stated Mass. Electric' s policy is not to install underground wiring in a subdivision of this size, and under the rules and regulations of the Planning Board, "the electric distribution system shall be instituted in accordance with the Massachusetts Electric Company' s policy relative to the ' Installa- tion of Underground Distribution Equipment for Residential Development' . . ." Mr. Decoulos stated he had met with representatives of Mass. Electric and they said they have poles there, that lots 4, 5 and 6 are the only lots that would not have service, other lots would be serviced by nearby poles, and the installation would cost nothing. At this time Al Rozumek joined the meeting and the Chairman declared a quorum of members present. After further discussion, a motion was made by Walter Power, seconded by Al Rozumek, and unanimously voted by the Members present to waive the requirement of • underground utilities on the Larch Realty Trust Subdivision. The Chairman declared the motion carried. Minutes of the Meeting of January 22, 1976 Page 3 • Mr. Sadoski noted that the City Solicitor is doing some research on the light poles and will try to have an answer for the Board shortly. Also, Mr. Sadoski said another issue to be resolved before release of Lot 4 is that the corner, coming out of the rotary at the intersection of Larch, has to be cut back. Mr. Sadoski told Mr. Decoulos he would have to submit to the Board a copy of the plan, as registered with the Registry of Deeds, showing the easements and a copy of the profile plan. Staley McDermet joined the meeting at 9: 10 P.M. PICKMAN PARK SUBDIVISION Mr. Sadoski noted that each Board member had a copy of a proposed letter to be sent to Attorney Vallis re the Pickman Park Subdivision. The proposed letter was reviewed by the City Solicitor who signified his approval . It was also noted by the Chairman that after review of the file there are about 24 issues that have to • be resolved. It was his feeling the Board did not have the approval of the Health Department or a release of the 32.9 acres by the City Council . A motion was made by Walter Power, seconded by Abby Burns, and unanimously voted by the Members present to send Atty. Vallis the letter discussed re Pickman Park, listing the many issues that must be resolved, suggesting that mutual meetings will be required before the final action date. The Chairman declared the motion carried. A motion was made by Paul D'Amour, seconded by Abby Burns, and unanimously voted by the Members to accept the Minutes of the Meeting of January 8, 1976 with correction noted above. The Chairman declared the motion carried. Staley McDermet submitted a list of items he felt should be included with the submission of a Form A. The Chairman recommended Members review this list so that • the subject can be discussed at the next meeting. Minutes of the Meeting Of January 8, 1976 Page 4 The Chairman recommended that a copy of the Minutes, or a memorandum, be put in the Larch Realty Trust subdivision file, saying that on January 22, 1976, the Planning Board voted to rescind the requirement for underground utilities. A motion was made by Walter Power, seconded by Paul D'Amour, and unanimously voted that the meeting adjourn at 9:45 P.M. Respectfully submitted, r�� rn Ctv of ��Sttlellt, + Mb52Ic1�1I8E##� • ' ` m Planning PDarl (OaP .0alem (16rrpn PLANNING BOARD MEETING - 1/22/76 AGENDA 1 . Accept Minutes of Meeting of January 8, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Correspondence a. Commonwealth of Mass. - Growth Policy Development Act b. Mass. Federation of Planning Boards - Revision of Chapter 40A, M.G.L. , Zoning Enabling Act c. M.A.P.C. - Water Quality Workshop d. Cooperative Extension Service- Seminar e. Conservation Commission - Minutes f. City Clerk - re payment of advertising bill g. Board of Appeal - decisions 3. Discussion a. Larch Street-Dearborn Street - Wellington Park Correspondence (2) from Engineering Department Correspondence from Massachusetts Electric b. Draft of letter to George P. Vallis, Esq. re Pickman Park 4• Community Development Discussion f 5• Adjourn Motion Second . . . • �tM9 Ctv of ��Sttlenr, tt�s�zcl�rzse##s ctw.s. (Pup .0a1put (SLppn MINUTES OF THE EXECUTIVE SESSION OF THE 'SALEM PLANNING BOARD HELD FEBRUARY 5; 1976 : 10 P.M. , SECOND FLOOR"LOUNGE; 'CITY HALL -ANNEX; ONE SALEM GREEN, 'SALEM, MASS: ' Members Present: Abby Burns, Paul D'Amour, Walter Power, Staley McDermet, Alfred Rozumek, William Wheaton, Tadius Sadoski Members Absent: Raymond Sweeney Also Present : William J. Tinti , City Solicitor The Chairman noted the Executive Session of the Planning Board was called to review Loring Hills Developers Trust vs. Planning Board of the City of Salem, Findings of Fact, Rulings of Law, and Order for Judgment, by Judge Joseph S. Mitchell , Jr. , Justice of tie Superior Court. Mr. Sadoski advised that comments on this litigation • would be made by the City Solicitor and the Minutes of the Executive Session would be kept in a locked cabinet. The City Solicitor reviewed the document page by page and made the following comments: FINDINGS OF FACT Page 2': The City Solicitor said that Judge Mitchell agreed that there were deficiencies for a Preliminary Plan; the Judge also said the Planning Board had a number of letters from Dr. Toomey of the Board of Health and none of them spoke with the clarity the Planning Board needed. Mr. Tinti said this is correct. Page 3: One of the reasons the Board had an advantage on the Modified Plan was that we had a clear statement from the Board of Health that they sought and got professional advice and disapproved the plan for specific reasons. -Minutes of the Executive Session, February 5, 1976 Page 2 • Page 4: 2nd paragraph - "The Board of Health did not make specific findings as to which, if any, of the lots shown on the modified plan could not be used for building sites, without injury to the public health, . . . . . . . .". How could Judge Mitchell , after he cites the finding of the Board of Health, then say the Board of Health did not say which lots could be used. Here we have the first inconsistency. Pages 4, 5, E 6: "On October 29, 1975, the Planning Board disapproved the modified plan in accordance with Massachusetts General Laws, Chapter 41 , Sec. 81U, and stated as its reasons for said disapproval the following. . . . . .". Mr. Tinti read the reasons for disapproval and commented that these clearly become the pages on which the Supreme Judicial Court will or will not sustain the findings. Page 7: "The Locus" - N5, 6 and 7 - Judge Mitchell clearly rejected that as a matter of law. Page 8: #8 - this is a Finding of Fact. He is finding just what we wanted him to • find, that there are cracks in the sewer lines. He then finds as a fact that as long as the Commonwealth of Massachusetts Water Resources Commission 's determination in effect on March 31 , 1975 is carried out, there won't be an affect on the municipal sewerage system. Now this gets into another question of law. The Planning Board has certain authority -- the Board of Health and other people may have concerns -- can Judge Mitchell say somebody else will look out for this, you forget about it, the Massachusetts Water Resources Commission will take care of your sewers, so you can forget about them. This ends the Findings of Fact. RULINGS OF LAW Pages 9 E 10: THE BOARD OF HEALTH DISAPPROVAL - "Mass. General. Laws, Ch. 41 , s. 81U allows a Planning Board to disapprove a definitive subdivision plan if it does not comply with recommendation of the Health Board". Judge Mitchell is wrong there -- he relates it to inconsistencies of findings of fact. The Judge says that the • Certificate filed by the Board of Health was not a proper certificate -- this is a ruling of law. In essence he is saying because the Board of Health did not outline Minutes of the Executive Session, February 5, 1976 Page 3 which lots could be built upon, their certificate is improper, and because it is • improper, he is going to wipe it out -- the 45 days have elapsed , so he• is going to say the Board of Health approved it. l� Page 11 : Line 11 -- "The required report not having been filed by the Board of Health, I rule the modified definitive plan was thereby approved by the Board of Health. . . .". Both the Finding of Fact and the Ruling of Law by Judge Mitchell relates to the Board of Health on the Modified Plan. The Finding of Fact, which is Finding of Fact N3, talks about the Board of Health on October 16, 1975 recom- mending disapproval . He then says they didn' t make specific findings as to which of the lots could be used without injury to the public health. The Ruling of Law states, "As found above, this was not done." It appears to relate to the second action of the Board of Health. Page 11 : "I also rule. . . . . . . . . . . . the reasons for recommending disapproval of the • plan were beyond the scope of the Board's (Board of Health) authority." We now have the legal question, and as far as I am concerned , the Supreme Judicial Court will look at the Board of Health's letter. Judge Mitchell is saying your sewers are terrible; the Board of Health has certain powers, but they do not relate, the Board of Health does not have a right to say the sewers are in dangerous condition. Page 13: DRAINAGE 6 SANITARY CONDITIONS - 3rd paragraph, "I further rule that the Planning Board does not have the power to unconditionally disapprove the instant subdivision. . . . .". He is right there, the Board of Health has to disapprove it. Page 15: PARKS b OPEN SPACE - he agrees with you -- the action of the Planning Board is upheld. Page 16: ORDER -- Within 30 days after receipt of the modified plan, the Planning Board' s decision must be submitted to the court. Mr. Tinti said that basically this is what we have as far as appealing the • decision: Minutes of the Executive Session, February 5, 1976 Page 4 Obviously, the central point is the action of the Board of Health. There • ` appears to be an inconsistency in the Judge' s Finding of Fact and Ruling of Law re the sewerage system .that this will connect to, that the Planning Board does not have the right to any further information than what appeared on the plan. He said your regulation to require a topographical map at 2' intervals is invalid on the basis that you do not have the right to that information. Judge Mitchell says you can look at the roads but you should not look off the roads. You can look at the drainage, but only as it exists there. On Page 12 he states the plan is adequate to meet the existing but not the proposed topography. You, as a Planning Board, cannot require drainage to be shown on proposed topography. Because, in Judge Mitchell ' s mind, there are city agencies such as the Building Inspector, City Engineer and others that will be responsible for it, the Planning Board was not intended to have that power. Judge Mitchell says you don' t have the right to look at what the development will contain. • 1 don' t believe the Judge makes a Finding of Fact on the Zoning. Now, what do we have -- we have the decision by the Planning Board which clearly specifies you want this information in order to make a decision and you have Judge Mitchell who says you do not have to have this information. This will test the limits of the Subdivision Control Law. The Supreme Judicial Court will make a determination: 1 ) they will say the law has a purpose and you can look further than what Judge Mitchell says you can, or 2) Judge Mitchell and every developer at this point is right. Mr. Sadoski asked the City Solicitor what he thought the decision would be if the Planning Board appealed, and Mr. Tinti said he thought the Court would rule in the Planning Board' s favor because he thought the tendency was to expand not restrict the regulations. • Mr. Tinti said the two basic issues were (1 ) the Board of Health's certificate of action and their authority under the law; and (2) the issue of how much information the Planning Board can require on a plan. Minutes of the Executive Session, February 5, 1976 Page 5 Staley McDermet asked about the issue that Loring Hills has submitted a � • Subdivision Plan solely for the purpose of freezing the land. Mr. Tinti said that if the Planning Board won the decision and Mr. Quigley filed all of the things that were required, the Board could approve the plan conditionally and lock the Developer in for every specific detail . You will notice that Judge Mitchell does not call this a final judgment. On Page 17 the Judge says "Within 30 days after receipt of the modified plan. . . . .which shall retain jurisdiction over this matter for the purpose of entering appropriate final judgment", as if this was an interlocutory order. In my opinion this is. Upon the introduction of the Appeal , all action by the Planning Board will stop - we will appeal to the Supreme Judicial Court for a stay, and most likely it will be obtained. It obviously is more beneficial to appeal at this point before the Planning Board has taken action which approves it. • The Chairman asked what the cost of the Appeal would be and Mr. Tinti said somewhere in the vicinity of $5,000. Mr. Tinti said he had been bearing some of the costs from his budget, but there would be additional money expended for the prepa- ration and printing of briefs and for the services of someone who is more practiced than himself in bringing the case to the Supreme Judicial Court. Mr. Tinti then asked the Board if it was their intention to appeal the Decision. A motion .was made by Walter Power, seconded by Paul D'Amour, and unanimously voted by all of the Members present to reject the plan and appeal to the Supreme Judicial Court, the decision of Judge Joseph S. Mitchell , Jr. , Justice of the Superior Court, in the complaint brought by Loring Hills Developers Trust against the Planning Board of the City of Salem and that the Planning Board also appeal for a stay of any action on the part of the Planning Board. • The Chairman asked if any Members present wanted a roll call vote, and when Minutes of the Executive Session, February 5, 1976 Page 6 no one requested same, the Chairman declared the motion carried. The Chairman said that as he understood it, Mr. Tinti would file the notice of Appeal and take action, through the Mayor, to the City Council for funds for the appeal . Mr. Sadoski requested that the City Solicitor put in writing that no action is required by the Planning Board at this time. Mr. Sadoski noted the Board had fifteen days after submission of •the modified plan in which to act, and that would be February 20, 1976 since the plan was submitted at this meeting, February 5th. Fifteen days subsequent to that would be March 6, 1976 and the Planning Board would have two meetings within that time. Mr. Sadoski asked if the Planning Board had to take any action with Judge Mitchell , and Mr. Tinti said as far as the Board is concerned, their action was over until advised further by the City Solicitor. The Executive Session adjourned at 9:23 P.M. • Respectfully submitted, , • cm'W of �raleaaa, � �7�s�acl��tsPf�� • � , ��,4'���1�) ��ilaluuitg �aarl (Onr —15n1Pn1 Orrm MINUTES OF THE EXECUTIVE SESSION OF THE SALEM PLANNING BOARD HELD FEBRUARY 5; 1976 : 10 P.M. , SECOND FLOOR LOUNGE, CITY HALL ANNEX, ONE SALEM GREEN SALEM MASS Members Present : Abby Burns, Paul D'Amour, Walter Power, Staley McOermet , Alfred Rozumek, William Wheaton, Tadius Sadoski Members Absent : Raymond Sweeney Also Present: William J. Tinti , City Solicitor The Chairman noted the Executive Session of the Planning Board was called to review Loring Hills Developers Trust vs. Planning Board of the City of Salem, Findings of Fact, Rulings of Law, and Order for Judgment, by Judge Joseph S. Mitchell , Jr. , Justice of tie Superior Court. Mr. Sadoski .advised that comments on this litigation • would be made by the City Solicitor and the Minutes of the -Executive Session would be kept in a locked cabinet. our The City Solicitor reviewed the document page by page.'&d made the following comments FINDINGS OF FACT Page 2': The City Solicitor said that Judge Mitchell . agreed that there were deficiencies for a Preliminary Plan; the Judge also said the Planning Board had a number of letters from Dr. Toomey of the Board of Health and none of them spoke with the clarity the Planning Board needed. Mr. Tinti said this is correct. Page 3: One of the reasons the Board had an advantage on the Modified Plan was that we had a clear statement from the Board of Health that they sought and got professional advice and disapproved the plan for specific reasons. • Minutes of the Executive Session, February 5, 1976 Page 2 Page 4 : 2nd paragraph - "The Board of Health did not make specific findings ay o which, if any, of the lots shown on the modified plan could not be used for building sites, without injury to the public health, . . . . . . . .". How could Judge Mitchell , after he cites the finding of the Board of Health, then say the Board of Health did not say which lots could be used. Here we have the -first inconsistency. Pages 4, 5, & 6: "On October 29, 1975, the Planning Board disapproved the modified plan in accordance with Massachusetts General Laws, Chapter 41 , Sec. 81U, and stated as its reasons for said disapproval the following. . . . . .". Mr. Tinti read the reasons for disapproval and commented that these clearly become the pages on which the Supreme Judicial Court will or will not sustain the findings. Page 7: "The Locus" - N5, 6 and 7 - Judge Mitchell clearly rejected that as a matter of law. Page 8: k8 - this is a Finding of Fact. He is finding just what we wanted him to • find, that there are cracks in the sewer lines. He then finds as a fact that as long as the Commonwealth of Massachusetts Water Resources Commission 's determination in effect on March 31 , 1975 is carried out , there won' t be an affect on the municipal sewerage system. Now this gets into another question of law. The Planning Board has certain authority -- the Board of Health and other people may have concerns -- can Judge Mitchell say somebody else will look out for this, you forget about it, the Massachusetts Water Resources Commission will take care of your sewers, so you can forget about them. This ends the Findings of Fact. RULINGS OF LAW Pages 9 & 10: THE BOARD OF HEALTH DISAPPROVAL - "Mass: General Laws, Ch. 41 ,- s. 81 allows a Planning Board to disapprove a definitive subdivision plan if it does not comply with recommendation of the Health Board". Judge Mitchell is wrong there -- he relates it to inconsistencies of findings of fact. The Judge says that the • Certificate filed by the Board of Health was not a proper certificate -- this is a ruling of law. In essence he is saying because the Board of Health did not outlin Minutes of the Executive Session, February 5, 1976 Page 3 which lots could be built upon, their certificate is improper, and because it is • improper, he is going to wipe it out -- the 45 days have elapsed , so he is going to say the Board of Health approved it. Page 11 : Line 11 -- "The required report not having been filed by the Board of Health, I rule the modified definitive plan was thereby approved by .the Board of Health. . . .". Both the Finding of Fact and the Ruling of Law by Judge Mitchell relates to the Board of Health on the Modified Plan. The Finding of Fact, which is Finding of Fact H3, talks about the Board of Health on October 16, 1975 recom- mending disapproval . He then says they didn' t make. spec.ific findings as to which of the lots could be used without injury to the public health. The Ruling of Law states, "As found above, this was not done." It appears to relate to the second action of the Board of Health. Page 11 : "1 also rule. . . . . . . . . . . . the reasons for recommending disapproval of the • plan were beyond the scope of the Board's (Board of Health) authority." We now have the legal question, and as far as I am concerned, the Supreme Judicial Court will look at the Board of Health's letter. Judge Mitchell is saying your sewers are terrible; the Board of Health has certain powers, but they do not relate, the Board of Health does not have a right to say the sewers are in. dangerous condition. Page 13: DRAINAGE & SANITARY CONDITIONS - 3rd paragraph, "I further rule that the Planning Board does not have the power to unconditionally disapprove the instant subdivision. . . . .". He is right there, the Board of Health has to disapprove it. Page 15: PARKS & OPEN SPACE- he agrees with you -- the action of the Planning Board is upheld. Page 16: ORDER -- Within 30 days. after receipt of the modified plan, the Planning Board' s decision must be submitted to the court. Mr. Tinti said that basically this is what we have as far as. appealing the • decision: Minutes of the Executive Session, February 5, 1976 Page 4 Obviously, the central point is the action of the Board of Health. There • appears to be an inconsistency in the Judge' s Finding pf Fact and Ruling of Law re the sewerage system that this will connect to, that the Planning Board does not have the right to any further information than what appeared on the platy. C e said your, regulation to require a topographical map at 2' intervals is invalid on the basis that you do not have the right to that information. Judge Mitchell says you can look at the roads but you should not look off the roads. You can look at the drainage, but only as it exists there. On Page 12 he states the plan is adequate to meet the existing but not the proposed topography. You, as a Planning Board, cannot require drainage to be shown on proposed topography. Because, in Judge Mitchell ' s mind , there are city agencies such as the Building Inspector, City Engineer and others that will be responsible for it,' the Planning Board was not intended to have that power. Judge Mitchell says• you don' t have the right to look at what the development will contain. • 1 don' t believe the Judge makes a Finding of Fact on the Zoning. Now, what do we have -- we have the decision by the Planning Board which clearly specifies you want this information in order to make a decision and you have Judge Mitchell who says you do not have to have this information. This will a�T test the limits of the Subdivision Control Law. The Supreme Judicial Court will make a determination: 1) they will say the law has a purpose and you can look further than what Judge Mitchell says you can, or 2) Judge Mitchell and every developer at this point is right] Mr. Sadoski asked the City Solicitor what he thought the decision would be if the Planning Board appealed, and Mr. Tinti said he thought the Court would rule in the Planning .Board' s favor because he thought the tendency was to expand not restrict the regulations. • Mr. Tinti said the two basic issues were (1 ) the Board of Health's certificate of action and their authority under the law; and (2) the issue of how much information the Planning Board can require on a plan. Minutes of the Executive Session, February 5, 1976 Page 5 Staley McDermet asked about the issue that Loring Hills has submitted a • Subdivision Plan solely for the purpose of freezing the land. Mr. Tinti said that [Quigley if the Planning Board won the decision and Mr. Quigley filed all of the things 6Uj that were required, the Board could approve the plan conditionally[nd lock the Developer in for every specific detai] You will notice that Judge Mitchell does not call this a final judgment. On Page 17 the Judge says "Within 30 days after receipt of the modified plan. . . . .which shall retain jurisdiction over this matter for the purpose of entering appropriate final judgment'', as if this was an interlocutory order. In my opinion this is. OU C Upon the introduction of the. Appeal , all action by the Planning Board will stop - we will appeal to the Supreme Judicial Court for a stay, and most likely it will be obtained. It obviously is more beneficial to appeal at this point before the Planning Board has taken action which approves i.t. The Chairman asked what the cost of the Appeal would be and Mr. Tinti said somewhere in the vicinity of $5,000. Mr. Tinti said he had been bearing some of the costs from his budget, but there would be additional money expended for the prepa- ration and printing of briefs and for the services of someone who is more practiced than himself in bringing the case to the Supreme Judicial Court. Mr. Tinti then asked the Board if it was their intention to appeal the Decision. A motion was made by Walter Power, seconded by Paul D'Amour, and unanimously 04J '''' voted by all of the Members present to reject the plan)]p ppeal to the Supreme Judicial Court, the decision of Judge Joseph S. Mitchell , Jr. , Justice of the Superior Court, in the complaint brought by Loring Hills Developers Trust against the Planning Board of the City of Salem and that the Planning Board also appeal for a stay of any action on the part of the Planning Board. • The Chairman asked if any Members present wanted a roll call vote; and when •,Minutes of the Executive Session, February 5, 1976 Page 6 no one requested same, the Chairman declared the motion carried. The Chairman said that as he understood it, Mr. Tinti would file the notice of Appeal and take action, through the Mayor, to the City Council for funds for the appeal . Mr. Sadoski requested that the City Solicitor put in writing that no action is required by the Planning Board at this time. Mr. Sadoski noted the Board had fifteen days after submission of the modified plan in which to act, and that would be February 20, 1976 since the plan was submitted at this meeting, February 5th. Fifteen days subsequent to that would be March 6, 1976 and the Planning Board would have two meetings within that time. Mr. Sadoski asked if the Planning Board had to take any action with Judge Mitchell , and Mr. Tinti said as far as the Board is concerned, their action was over until advised further by the City Solicitor. The Executive Session adjourned at 9:23 P•M• Respectfully submitted, u , ��,•fAADIy. �. r Qli#v ttf S lettl, ttssttcl�usE##S x • �,r',w '� �lattttittg marl ��c09 (Out Onto ri Grrett MINUTES OF THE SALEM PLANNING BOARD MEETING HELD FEBRUARY 5 1976, 7:30 P.M. CITY HALL ANNEX, THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASS. Members Present: Abby Burns, Paul D'Amour, Walter Power, Staley McDermet, Alfred Rozumek, William Wheaton, Tadius Sadoski Members Absent: ;Raymond Sweeney The Chairman called the meeting to order at 7:30 P.M. Others in attendance were William J. Tinti , City Solicitor, Nicholas Decoulos, Esq. , Mr. Robert Venne of Robert Charles Associates, Donald Scutieri , Esq. A motion was made by Abby Burns, seconded by Paul D'Amour, and unanimously • voted by the Members present to accept the Minutes of the Meeting of January 22, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. Mr. Robert Verne of Robert Charles Associates, submitted :a Modified Definitive Plan and cover letter for the Loring Hills Subdivision, Loring Hills Developers Trust. This submission was in accordance with the order dated January 22, 1,976 by Judge; Joseph Mitchell , Jr. , Justice of the Superior Court , Commonwealth of Massachusetts. Abby, Burns, as Clerk, signed a receipt for the submission of the 4 Modified Plan and Mr. Verne left the meeting. FORM A Gertrel Reid, 30 Calumet Street, Peabody - Location - Rear 34 Calumet Street • Sa,lem, ,Massachusetts Donald Scutiere, Esq. , representing Gertrel Reid, explained this was • a conveyance adding area to one lot and reducing another and would not affect the frontage of either lot nor would it reduce the area below the legal limit. A motion was made by William Wheaton, seconded by Al Rozumek, and unani- Minutes of, the Meeting of February 5, 1976 Page 2 mously voted by all the Members present that the Form A application submitted by • Gertrel Reid for Rear 34 Calumet Street be endorsed as the plan does not constitute a subdivision within the meaning of the Subdivision Control Law. The Chairman declared the motion carried. The Chairman reviewed rules of governmental bodies with respect to open meetings and Executive Sessions. A recommendation was made that the Planning Board go into an Executive Session with the City Solicitor regarding litigation with Loring Hills Developers Trust. A motion was made by Paul D'Amour, seconded by Staley McDermet, that the Planning Board recess their regular meeting to hold an Executive Session, in the second floor lounge, One Salem Green, for the purpose of discussing FINDINGS OF FACT, RULING OF'LAW AND ORDER FOR JUDGMENT by Judge Joseph F. Mitchell , Jr. , Justice of the Superior Court, re Loring Hills Developers Trust suit brought against the Planning Board of the City • of Salem. Upon roll call the following voted "Aye": Abby Burns, Paul D'Amour, Staley McDermet, Walter Power, Al Rozumek, William Wheaton, Tadius Sadoski . Raymond Sweeney was absent from the Meeting. The Chairman declared the motion carried and said the regular meeting would re- convene immediately after the conclusion of the Executive Session - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - The regular meeting reconvened at 9:26 P.M. LARCH REALTY TRUST - WELLINGTON PARK After discussion with Mr. Decoulos, the City Solicitor advised that he would prepare a new form of release, that because of the foreclosures taking place on these lots, Mr. Tinti wanted to make sure the City is protected as far as the rights-of-way are concerned. Mr. Sadoski noted a letter had been received from the City Electrician • who is satisfied and that Bill Versaci of the Planning Department checked with the Building Inspector to find out if the lot the Board will hold on to is buildable, and the Building Inspector said it was. Minutes of the Meeting of February 5, 1976 Page 3 A motion was made by Staley McDermet, seconded by Paul D'Amour, and unanimously • voted by the Members present that should any of the appropriate conditions for the release of the Covenant not be taken care of, the Chairman will have the authority not to sign the Release. The Chairman declared the motion carried. Mr. Sadoski reviewed correspondence received at the Planning Board office. The City Auditor notified the Board that all bills have to be approved by committees or boards. The Chairman noted that the Clerk will prepare an Accounts Payable List for the Board' s review and approval before bills are to be paid. Council President Atkins notified the Board that Councillor Peter Bouley will be the Council liaison to the Planning Board and that he is to receive copies of Notice of Meetings and Minutes of Meetings. A request was made by Council President Atkins that all money appropriations • and transfers referred to the Council should include as much information and background material as possible in the request. A workshop conference will be held February 12, 1976 by the Massachusetts Area Planning Council in Framingham for the purpose of reviewing the new Zoning Enabling Act and the Controlled Growth Development Act. Paul D'Amour indicated he would attend the meeting. The Chairman reviewed the remaining correspondence and the Board of Appeal agendas. The Members agreed to take the Appeal Agendas home to review them for dis- cussion at the next meeting. Mr. Sadoski noted he had received a notice from the Conservation Commission regarding the Public Hearing re White Street. The Members agreed that a letter should be sent to the Conservation Commission requesting that a copy of their agenda for their meetings be sent to the Planning Board. • The Board discussed the proposed INFORMATION TO BE INCLUDED ON EACH FORM A APPLICATION and the Chairman suggested this be brought up at the next meeting. Minutes of the Meeting of February 5, 1976 Page 4 • Mr. Sadoski advised he had received a copy of the revisions of Chapter 40A and that he sent a letter to the City Solicitor requesting his review and synopsis of this law and any recommendations he may have for the Planning Board. Mr. Sadoski said that any new ordinances, by-laws, or amendments must conform to the Zoning Enabling Act. The Chairman recommended that a copy of the Massachusetts Federation of Planning Board' s release on this subject be sent to all Members, and he then reviewed some of the changes listed in the Zoning Enabling Act. Mr. Sadoski advised he had attended the Community Development Public Hearing and said he requested money from CD funds be set aside for work on the Master Plan. Mr. Sadoski said he felt there were certain zoning changes that should be done as soon as possible but didn' t want to have the public or the Council feel that the Board was attempting to rezone the whole city before we have a Master Plan. Mr. Wheaton said the Board should just enact changes on land that has not been developed. After dis- cussion a recommendation was made that William Wheaton, Staley McDermet and Paul D'Amour form a subcommittee for the purpose of reviewing the present zoning act and bringing recommendations to the Board. COMMUNITY DEVELOPMENT Greg Senko and Dave Lash of the Planning Department discussed proposals for the 2nd year' s grant of CD money that were introduced at the Public Hearings. The ten proposals were: the acquisition of Forest River conservation land; street improvements along Derby Street with matching funds from the Bicentennial Commission; creation of a senior center for the elderly; a series of programs in the residential rehabilitation area; program for neighborhood conservation, rehabilitation and reinvestment; the design and implementation of a comprehensive sign system for major arteries in the downtown area in light of work renewal has done and the increase in tourism; indirectly, budgeting for a Master Plan and zoning review; the acquisition of the Pickering site on Derby Street should a proposal not be available at the time the option runs out. Mr. Lash advised that no less than $400,000 will be .needed for Phase II of the sewer program. Minutes of the Meeting of February 5, 1976 Page 5 • With reference to the Senior Center, Mr. Lash said a study. should be done of where this would be located and a small amount of money could be budgeted for this in the area of appraisals, engineering, real estate, etc. CD allows that you can set aside $100,000 for needs that come up within the year. If a budget came in under $100,000 to get the center off the ground, that fund could .be tapped for purposes of getting started. If the budget came in over $100,000, it would have to come up the following year. Money for feasibility study would be about $10,000 and $100,000 set aside for that fund. Mr. Wheaton commented that it was his feeling that as far as the center was concerned only a small number of people were really involved and we should make sure there would be wide spread use of this and not just by a small minority. Mr. Lash advised that bid specifications were being prepared for the Derby Street improvements and it is assumed that the project will go ahead since it is on a 50/50 • basis. As far as the acquisition of• conservation .land, Mr. Lash noted there is a hang-up on appraisals at the moment, and we do not know what this is going to entail . Mr. Tinti 's opinion is that the Conversation Commission cannot entertain any agreement until the Planning Board and the Oity is out of any legal litigation. We suggest that an allot- ment of $20-35,000 be set aside this year to see what the Conservation Commission can do -- this would get them started. The Planning Dept. is working with the sign ordinance - concern is being shown on the part of historic sites, to provide some information on their location. Mr. Lash proposed setting aside $35,000 with implementation. The Dept. of HUD is very interested in housing in the area of rehabilitation. We feel the need to get started in this area. One of the housing programs is that there be a revolving fund where you can purchase an option on the property and find • someone who will rehab it. Two proposals which work nicely together are the block incentive program and the hardship loan program. Mr. Lash said $100,000 would be needed for the housing program. The pilot program would be $50,000 for a set of Minutes of the Meeting of February 5, 1976 Page 6 • guidelines and a couple of test situations, and also would include the hiring of one person. Discussion was held on the master plan and zoning study. Mr. Lash said the Planning Dept. would like to do a lot of the work in-house, and, with the Planning Board's help, would like to budget $10,000 for work on this for consultants plus time of in-house people. Mr. Lash noted that the Planning Board had a request in their budget for consultants and there could be a pooling of money. Mr. Sadoski felt that $20,000 should come out of CD funds because he felt the $6,000 in the Planning Board budget for consultants might have to be used by the Board for subdivisions or for some other purpose. Mr. Senko said he was trying to emphasize that most of the work would be done by the Planning Dept. but that Mr. Wesolowski of the State College was doing a housing study to see what the housing trends are. Mr. Lash discussed the Pickering site and said he wanted to get the Board's feeling as to how important that purchase would be. The City loses the option to .purchase it for $280,000 by June 1st. This is half the price it is worth. Mr. Lash said there was no doubt in his mind that the City could sell the property if no controls were put on it. It would be a key development to get Salem back on the waterfront. Mr. Senko said the property could be sold without controls or subdivided into small parcels. After sale of the property, the money would have to go back into CD funds. Mr. Senko asked if the Board liked the proposals and the Board indicated they did. Another Public Hearing is to be held February 9th for proposals, and if the proposals stay the same, Mr. Senko indicated he would try to introduce this to the Council next week. If things changed substantially, then Mr. Senko said he would be back before the Planning Board. Mr. Sadoski asked if Mr. Senko would change the amount of $280,000 to $150,000 1, and Mr. Wheaton said he thought it would make sense to borrow the money from the bank. Minutes of the Meeting of February 5, 1976 Page 7 • Mr. Senko said that he would like to introduce the proposals to the Council as soon as possible and that the Mayor would make the final determination. If there is enough money for the Pickering site, sewers, and the other programs, that is what we would like to do. A motion was made by Paul D'Amour, seconded by Staley McDermet, and unanimously voted to adjourn the meeting of 11:25 P.M. The Chairman declared the motion carried. Respectfully submitted, • • 2 Ctv of �ttletlt, �+ M85tIcIfLtBE##3 � � 0 Platuting 'marl "� ff Wnp Oulem (forrett PLANNING BOARD MEETING 2/5/76 AGENDA 1 . Approve Minutes of the Meeting of January 22, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Form A Gertrel A. Reid -- Rear 34 Calumet Street 30 Calumet Street This is a conveyance adding area to one lot and Peabody, Mass. and reducing another. The conveyance does not affect the frontage of either lot nor does it reduce the area below the legal . limit. Motion Second 3• Loring Hills Developers Trust w4. Larch Realty Trust Subdivision a. Correspondence from City Solicitor b. Correspondence from City Solicitor 5• Correspondence a. City Auditor .Passales - approval of bills Council President Atkins - re money appropriation re Councillors as liason to boards b. MAPC - Legislation Workship Community Exchange Series Coastal Zone Management Public Participation Program Regional Report c. County Commissioners - Growth Policy Act d. Massachusetts Office of State Planning - Newsletter e. Essex County Historic b Scenic District Planning Commission Minutes f. Zoning Bulletin (Members have copy) g. Mass. Dept. of Community Affairs - Newletter (Members have copy) 6. Community Development Discussion 7. Adjourn Motion Second • t N Ctv of �zleni, tt�SMcI#�ISP##S r, Planning marl (One Output (green MINUTES OF THE SALEM PLANNING BOARD MEETING HELD FEBRUARY 19, 1976, AT 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASS. Members Present: Abby Burns, Paul D'Amour, Staley McDermet , Walter Power, Tadius Sadoski , William Wheaton (arrived at the meeting at 8:00 P.M. ) Members Absent : Al Rozumek, Ray Sweeney Also Present: City Solicitor William Tinti ; Timothy O' Keefe, Esq. , Michael Kelly, Esq. and Mr. Charles Quigley of Loring Hills Developers Trust The Chairman declared a quorum present and opened the meeting. A motion was made by Paul D'Amour, seconded by Staley McDermet, and unanimouslyt voted to set aside approval of the Minutes of the Meeting of February 5, 1976 for the next meeting inasmuch as the Members received the Minutes as copied and mailed too late for review. The Chairman declared the motion carried. A motion was made by Staley McDermet, seconded by Abby Burns to reaffirm the action taken on February 5, 1976 to disapprove the Modified Definitive Loring Hills Developers Trust Subdivision Plan, submitted that day, and have the City Solicitor file an appeal to the State Supreme Court and also appeal for a stay of any further action by the Planning Board. The reasons for the disapproval being essentially those specified in the Certificate of Action dated October 29, 1975. Upon roll call the following voted "Aye": Abby Burns, Paul D'Amour, Staley McDermet, Walter Power, Tadius Sadoski . There being no "Nays" the Chairman declared the motion unanimous and carried. • The Board reviewed the Accounts Payable and a motion was made by Paul D'Amour, seconded by' Staley McDermet and unanimously voted to approve payment of $15.00 to Minutes of the Meeting of February l§, 1976 Page 2 the Mass. Federation of Planning Boards for two copies of the Planners Handbook. The Chairman declared the motion carried. A motion was made by Paul D'Amour, seconded by Staley McDermet , and unanimously voted to approve payment of $200 to the Salem News for the Planning Board 's share of the bill for advertising for the Joint Planning Board and City Council Public Hearing held October 6, 1975 re Amendments to the Zoning Ordinance. The Chairman declared the motion carried. The Chairman advised he was writing up additional rules for procedures to be followed at meetings that should serve as a library for the future and may prove helpful to an Acting Chairman. Mr. Sadoski noted he received a notice of a Public Hearing to be held by the Conservation Commission on Monday, February 23, 1976, re potential effects on the shoreline of Salem Harbor at Winter Island due to restoration work at Ft. Pickering. Mr. D'Amour said he planned to attend the meeting. The Chairman distributed Board of Appeal decisions to the members for their review. Mr. Sadoski noted the Planning Department had submitted to the City Council the list of proposals for the .Community Development' s second year application that were discussed at the February 5, 1976 meeting, but inasmuch as there was no one present from the Planning Department, there would be no C.D. discussion at this meeting. LORING HILLS DEVELOPERS TRUST The City Solicitor brought the Board up to date on the Loring Hills Developers Trust litigation. He said a final judgment has been filed by Judge Mitchell on the case which is clearly appealable. On instructions of the Planning Board, Mr. Tinti will file the appeal tomorrow morning, and then there will be a number of - things filed over a period of time. Minutes of. the Meeting of February 19„ 1976 Page 3 • Mr. Sadoski asked the City Solicitor to put in writing to the Board that no further action will be required from the Planning Board and that he would apply for funds for the appeal . Timothy O' Keefe, Esq. addressed the Board in behalf of Loring Hills. He presented Atty. Michael Kelly and Mr. Charles Quigley and said what they were here for was to try to discuss and see if there was some common ground that would be acceptable to the Board and the developer, to do away with an expensive appeal , at the end of which one of the parties would be hurt. Atty. O' Keefe said the Board could take this as a formal proposal , an informal proposal , or as a meeting that might lead to further discussions, or the Board could say "No dice". Atty. O' Keefe further stated they might be able to back off on some of the demands they made on the land, that Mr. Quigley has a proposal to put before the Board, but he hoped the Appeal would go forward, even though discussions were going on because. the Appeal could always be withdrawn. In the meantime, both the Board and the developer may be able to resolve their differences. The Chairman said the Board was here to serve the people, and even though they may have differences of opinion, he felt the developer should not feel he had to come before the Board in a conciliatory manner. Mr. Quigley then submitted a plan to the Board for their consideration and indicated the "Parks" area. Mr. Quigley said that since the last time he was before the Board, many things had happened and , as far as he was concerned, they were very expensive and were unhappy situations. He said he happened to own the land and didn' t like to take this position, but he intended to build on it regardless of delays unless the City wanted to buy it. Mr. Quigley said at this point, if he felt there was a sincere attitude on the part of the Planning Board, then they are willing to work with the Board and proposed a program that will develop during a 5-year period which, he felt, would not create a major impact on the City. Mr. Quigley stated that depending on the outcome of negotiations, they would Minutes of the Meeting of February 19i, 1976 Page 4 start on Parcel B, known as the Marion Manor site, sometime this spring or this • year and also on Parcel G for which they have a Certificate of Need for a nursing home. Mr. Quigley stated the development of the Marion Manor site involves 250 units of housing, the building plans have been on file since May of 1974, and it will be built as designed. The priority would be for handicapped people. The nursing home that was mentioned is a Special Permit use, and that requires some cooperation on the part of the Appeal Board, but, Mr. Quigley went on, there has to be mutual effort put forth in order to build it. This would eliminate 260 units of residential housing from the overall 2,500 units. Mr. Quigley said the next phase would be in 1977 considering Parcel D. There have been a tremendous amount of inquiries for a residential/commercial type or office facilities and would require an extension of the present B-2 zoning. Mr. Quigley said they only have 4.3 acres there and they may have to consider an acre from . Parcel C or B. This would reduce the 2,500 units by roughly 200 units if they con- sider an acre from Parcel C or e. Parcel E and C would also be considered during 1977, taking a minimum of 18 months to build. These areas, Parcels E, C and H were more or less reserved for a middle to high income type market. Parcel E as shown on the map consists of 315 units. If a piece of Parcel C were given to the other land, it would be down to 210 units. We are considering a residential structure or condominiums, depending upon the economy. Parcel E could be a viable project as a relative high residential and fine condominium site. Parcels F and H would be planned or have negotiations start during 1978. Parcel H has been considered and the alternate uses would be of a commercial type. Mr. Quigley stated they have considered a recreational/commercial type of use which might eliminate 450 dwelling units and be turned into a possible indoor/outdoor tennis facility. Minutes of the Meeting of February 19 , 1976 Page 5 • Parcel H is presently designated for 800 dwelling units. This again is a, potentially fine parcel for relatively high income for residential or condominiums or a combination of both, depending upon the economy and a mutual effort on the part of others. Mr. Quigley said they were willing to limit the construction to approximately 1 ,600 dwelling units with a height limit of 70' , with the exception of Marion Manor as that has been planned and has mortgage commitments on it. Mr. Quigley said they have been self-sufficient in the development area, that they developed their own recreation parks, swimming pools, tennis courts, off-street parking, planting, roads, have their own security system and do their own rubbish collecting. It is a very rare occasion when the Police or Fire Department have to be called. Mr. Quigley felt one of the major developments to come out of this would be the purchasing power of the residents. Using an average income of $15,000/unit, this • would amount to $24,000,000/year, and hopefully if there is some commercial develop- ment, a certain percentage would be spent in downtown Salem. Tax yields based on an average of 600 dwelling units, $1600 a unit, would be $960,000; nursing home - $60,000; excise tax for 1 ,600 cars - $160,000; alternative commercial property - $90,000, for a total of $1 ,270,000 for taxes. Mr. Quigley felt it would not cost the City an amount that would exceed the $275,000 over a million dollars. He felt the development would yield the City a net of $1 ,000,000 in taxes and would contribute to relieving the City' s increase in operational cost such as natural escalation costs, water treatment plant, sewerage plant and other things the City does not anticipate at the present time. Mr. Quigley said that if the Board felt this presentation warranted future consideration or discussions, he was available at any time. Discussion was held on the amount of school age children in the proposed development. Mr. Quigley said he would project there would be a possibility of • 250 children going to school at any one time. He further stated that if the State decides to stop the teaching concept, then the City' s hand would be forced to provide a facility plant for them. The City may decide to buy St. Chrietiene' s Minutes of the Meeting of February 19, 1976 Page 6 • and the developer stated they would contribute to some percentage of it, but it would not be built to accommodate them, it would be built to accommodate South Salem. Mr. Sadoski asked if, on this projection of 1600 units, the Open Space would still be reserved, and Mr. Quigley said it would. Mr. Sadoski asked if the nursing home would be subsidized and Mr. Quigley said either FHA or conventional financing, depending on the market. The Chairman asked Mr. Tinti if Mr. Quigley could submit a modified plan that the Board could be looking at while the case is under appeal and, if so, what status would this plan have. Mr. Tinti said if an agreement could be reached between the Planning Board and the developer, the vehicle for doing it would be for Mr. Quigley to submit a modified plan for the Planning Board' s approval , then the court case could be dropped. Mr. Tinti said it would take some work on the part of people present at the meeting. . After further discussion Mr. Sadoski asked if• there was any reason why the Board could not hold informal , workshop type of sessions without the submission of a modified plan. Atty. O' Keefe said these sessions would be allowable and would have no bearing on the court case except to help terminate it. He continued that if, at some time, the Board felt this was not acceptable, then the court case could continue. If the Board thought the Plan had merit, then the developer could go to the other agencies with it. Mr. O' Keefe said this would be their last proposal as there is a limit below which they cannot economically go. Mr. Sadoski said his position was that the Board was a public body and here to serve the public, and as long as there was no barrier, from a legal standpoint, he felt there was room for discussion. Mr. Wheaton said he felt the Board should discuss this matter and get back to the developer. After further discussion the Chairman stated that all of the Board members • had a copy of Mr. Quigley' s notes, that the Board met every two weeks, and, if the Board felt there was mutual ground for discussion, the Board would be in touch with Mr. Quigley. Minutes of the Meeting of February 19, 1976 Page 7 • Jim Scanlan of the Planning Department was present at the Board's request to show where 335 Bridge Street was on the map and where the proposed connector road would go. This was in reference to the petition of Orne Street Realty Trust to the Appeals Board to raze the existing wooden structure at 335 Bridge Street and replace it with a concrete block or steel building, said building to be used for warehousing and retail space. Mr. Wheaton said there were two issues here: (1 ) this is now zoned B-4 and R-3 and the neighborhood people wonder if the area should try to make a residential comeback. The other view is that the area is unsightly, so why not try to clean up the area that is there now. The other side of the street is in- dustrial and undeveloped land. Mr. Sadoski said if , the connector road went in, the area probably should be a place for commercial and industrial property. After further discussion it was the consensus of the Members that a recommendation should be made that the Appeal Board grant a variance condition on certain changes being made in the • submitted plan: (1 ) that the architect of the structure be named , and (2) the building plans should be submitted to the Salem Historical Commission for approval . Discussion was held on the petition for a variance at 51 Canal Street by Alfred J. Thibault, and the Planning Board felt a recommendation should be made to the Appeal Board to grant a variance condition on certain changes being made in the submitted plan: (1 ) that at least 10,000 sq. ft. of land be set aside and land- scaped within the proposed project as open space, and (2) that a minimum of ten addi- /parking tional spaces be provided, bringing the total up to 40. Mr. Wheaton said he would attend the Monday night meeting of the Appeals Board and present the Planning Board' s recommendations. The Board discussed the petition of Virginia J. Carson for a variance to add a third floor apartment at 24 Cabot Street. The Member' s consensus was that a recommendation be made to the Appeals Board that the request for variance be opposed • because of density and because of insufficient parking area. Staley McDermet said he would go to the Appeals Board meeting Tuesday to present the Board ' s recommendation. Minutes of the Meeting of February 19, 1976 Page 8 The Members discussed Mr. Quigley' s presentation and it was decided that • the notes distributed by Mr. Quigley would be studied and that possibly questions could be refined at the next meeting. A motion was made by William Wheaton, seconded by Paul D'Amour, and unanimously voted that the meeting adjourn at 10:50 P.M. Respectfully submitted, • CORRECTED MINUTES PLEASE NOTE: The reaffirmation of the motion re Loring Hills was made at the beginning of the meeting, 7:40 P.M. , and Bill Wheaton arrived at the meeting at 8:00 P.M. Therefore, I don' t feel that I can add his name to the list as approving the motion. Priscilla • • (gity of salent, ' assac4use##S PLANNING BOARD MEETING 2/19/76 AGENDA 1 . Approve Minutes of the Meeting of February 5, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Approve Accounts Payable List to be paid in March 1976: Mass. Federation of Planning Boards - 2 copies of the Planners Handbook $15.00 Planning Board' s share of advertising Joint Public Hearing with Council of 10/6/75 200.00 Motion Second • 3. Reaffirmation of vote taken at the meeting of February 6, 1976 re Loring Hills Motion Second 4. Loring Hills Developers Trust - Discussion 5. Correspondence a. Tufts University - Workshop b. Dept. of Community Affairs - Newsletter (members have copy) c. Mass. Federation of Planning Boards - Newletter (members have copy) d. Zoning Bulletin (members have copy) e. Board of Appeal decisions 6. Unfinished Business a. Board of Appeal Agendas b. Proposed information to be included with Form A Applications 7. Community Development - discussion 8. Adjourn Motion Second • �t# ofxlen�, � �Msttcl��zE#ts • �Z � w ? Y. �g �liittltitt$ �IIarl &P _6§aIrm (Sara STATEMENT BY: City of Salem Planning Board REGARDING: Request for Variance at 51 Canal Street Having surveyed both the site and the developer's plans for the factory structure at 51 Canal Street, the Board finds that the request for variance is not allowable for the following reasons: 1 . The site is presently zoned a combination of R-2 and B-4. The zoning ordinance expressly forbids any residential use in a B-4 district. Since it certainly cannot be argued that Business or Commercial use is uneconomical in this area, a request for any residential variance is not allowable. 2. The proposed mixed residential-commercial plan does not meet • several explicit other requirements of the zoning 'ordinance, in particular: a. R-2 zoning requires 3,500 sq. ft. of land per dwelling unit while this project allows only approximately 1 ,500 sq. ft/unit. b. The zoning ordinance requires 36 residential parking spaces and many more commercial slots while the project, in total , has only 30. The Board feels that although there are no legal grounds for this variance, a variance might be granted conditional on certain changes being made in the submitted plan. This is a procedure being increasingly used by Appeals Boards throughout the Commonwealth of Massachusetts. With respect to this plan, the Board recommends: 1 . That at least 10,000 sq/ft. of land be set aside and landscaped within the proposed project as open space for the residents of the 24 housing units. The present plan contains no open land for the residents and there 'is none on any adjacent property. 2. That a minimum of 10 additional parking spaces be provided, bringing the total up to 40. • r �? �,yl�ttill[ltg �IIar� ( IIP !9alpin (Srutt STATEMENT BY: City of Salem Planning Board ' REGARDING: Request for Variance at 24 Cabot Street Having studied both the site and the developer' s plans for adding a third floor apartment at 24 Cabot Street, the Board finds that the request for a Special Permit will be in violation of the Zoning Ordinance for the following reasons: 1 . Section V. , Par. A, 2-6, page 15 -- only two family dwellings allowed. 2. Section VI (Density) Par. A. , 2. Side Yard. , Par. B. , • Table 1 , Page 31 3. Section VI1 : , Par. C. , 6, Page 36, Off Street Parking. The area at present is a nice area with mostly one and two family houses and there is not sufficient parking to accommodate the extra cars. • of c5zllenl, AbmBac4U5effs Q Y • �-,,�.�,�"' � ? �latttlitug �uarl (ftP 14�ttlrm (SrPPn . STATEMENT BY: City of Salem Planning Board REGARDING: Request for Variance at 335 Bridge Street Having studied both the site and the developer's plans for the factory structure at 335 Bridge Street, the Board finds that the request for a variance is not allowable for the following reason: The area is presently zoned R-2, with the existing structure being a historically non-conforming use. Replacement of that structure with a new commercial building (thus requiring a variance) is legal under Massachusetts zoning law only if it can be shown that the present zoning for the land is inherently uneconomi- cal . Since many residential structures presently exist and are viable in that area of Bridge Street, the Board feels this argument would be unconvincing. Although there are no legal grounds for this variance, the Board feels that a variance might be granted conditional on certain changes being made in the submitted plan. This procedure is being increasingly used by Appeals Boards throughout the Common- wealth. With respect to this plan, the Planning Board recommends : The area adjacent to this site, on Carpenter, Federal and Lynn Streets, is presently a National Historic District and. has been approved by the Mass. Historical District as a local Historic District - the proposal for which is currently before the City Council . There is strong community concern that the proposed structure will seriously clash with the architectural heritage of this area - one frequently visited by tourists to Salem. Therefore, the proposed plan should be granted a variance only when the architect for the new structure is named, and only when the building' s plans have been submitted to and approved by the Salem Historical Commission. • Ctg of ttlei>t, ttss�zcltztsetts • �^ w " Plaulliltg PDarb Oup Ottlem (green MINUTES OF THE PLANNING BOARD MEETING HELD THURSDAY, MARCH 4, 1976, 7:30 P.M. , ONE SALEM GREEN, SALEM, MASSACHUSETTS Members Present: Abby Burns , Paul D'Amour, Staley McDermet, Walter Power, Al Rozumek, William Wheaton, Tadius Sadoski Members Absent: Raymond Sweeney Also Present: Councillors Boulay, Cawley, Saraceno, City Planner W. Gregory Senko, Mr. Timothy Noonan The Chairman opened the meeting at 7:30 with a quorum present. A motion was made by Paul D'Amour, seconded by Al Rozumek, and unanimously voted to approve the Minutes of February 5, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. Six corrections were noted on the Minutes of the Meeting of February 19, 1976. A motion was made by Paul D'Amour, seconded by Bill Wheaton, that the Minutes of the Meeting of February 19, 1976, as corrected, be approved. The vote was unanimous and the Chairman declared the motion carried. FORM A' S Patrick F. Pardo - Intersection of Barnes Circle and Barnes Avenue, Salem Mr. Pardo explained he owns five lots of land on which he intends to build two houses. Lot A, as shown on the Plan, is a combination of Lots 254 and 255; Lot B a combination of Lots 256, 257 and 258. Mr. Pardo said all of the lots are registered lots. After discussion, a motion was made by Bill Wheaton, seconded by Walter Power, and unanimously voted to endorse the Form A, as submitted by Patrick Pardo, as not requiring approval under the Subdivision Control Law. The Chairman declared the motion carried. • Joseph L. & Albertina G. Vargas - 101 & 1011 Mason Street Mr. Melanson stated he owned the building at 1 Friend Street which he intends to sell . The prospective buyer would like an existing encroachment cleared before Minutcs of the Meeting of March 4, 1976 Page 2 • purchase of the property. Mr. Melanson said he is proposing to buy a strip of land owned by Mr. Vargas to rectify this encroachment. A motion was made by Bill Wheaton, seconded by Paul D'Amour, and unanimously approved to endorse the Form A, submitted by Joseph L. & Albertina G. Vargas, as not requiring approval under the Subdivision Control Law. The Chairman declared the motion carried. Comm. of the Dept. of Environmental Management by: the Comm. of the Dept . of Fisheries, Wildlife and Recreational Vehicles - located on the southerly side of Fort Avenue at the intersection of Winter Island Road. Atty. Panagopoulos, representing the South Essex Sewerage District, was present and said this particular parcel is to be conveyed by the Comm. of Mass. to the South Essex Sewerage District for its use in the event secondary treatment is required by the Federal Government. If it isn' t required, the parcel will be returned to the State. He said there was legislative enactment that authorized and directed the State to turn this land over to the S.E.S.D. Atty. Panagopoulos stated he had the deed from • the Comm. and a copy-of the Release of Deed that was executed by Mayor Levesque, after authorization .by the City Council , releasing any rights by the City of Salem. A motion was made by Staley McDermet to endorse the Form A, submitted by the Comm. of Mass. of the Dept. of Environmental Management, as not requiring approval under the Subdivision Control Law. Mr. D'Amour requested that Atty. Panagopoulos send the Board a copy of the deed from the Commonwealth and a copy of the Release of Deed by the City of Salem. Atty. Panagopoulos said he would do so. The motion was seconded by Bill Wheaton, unanimously approved, and the Chairman declared the motion carried. Timothy Noonan addressed the Board and said he represented the Upper Lafayette Street Taxpayers' Group, a group of people who were concerned about Belleau Realty' s subdivision of five lots on the easterly side of Lafayette Street below the College. He said it was their understanding that a section of the sea wall is to be pushed over onto the riprap to make parking spaces available for 5 houses. Mr. Noonan further • stated that the Planning Board had endorsed the Form A application for this property in November of 1974 and the plan showed two lots, not five lots. Mr. Sadoski said Minutes of .the Meeting of March 4, 1976 Page 3 his recollection was that public testimony was given that not more than two lots • could be built upon and discussion centered around the fact that it was not for the Board to decide how many lots are buildable. The Planning Board did endorse the Form A saying it was not a subdivision because any and all lots were on an existing way. Mr. Noonan said another concern the Group had was relative to the actual owner- ship of the sea wall , whether it was City property or Belleau's Realty' s. If the sea wall was owned by Belleau Realty, did it constitute a valid part of the lot? Mr. Sadoski stated there was no reason why Mr. Noonan could not approach the Supt. of Public Property and ask for a determination on the same questions that he had been asking the Planning Board. Paul D'Amour and Abby Burns suggested getting a legal opinion as to who owned the sea wall . Mr. Sadoski was of the opinion that Mr. Noonan should talk to the Supt. of Public Property about these questions and he, in turn, could ask the assistance of the City Solicitor. • Mr. Senko told the Board that application had been made to the State for sewer permits for this land. Sewer permits are granted through the State and then through the City Engineer. Mr. Senko suggested that Mr. Noonan go to the Building Inspector, who is the person in charge of Public Property, and make his inquiry on the basis of information available, and tell the Bldg. Inspector that not only can sewer permits not be granted because there is some question as to the land, but also that this land cannot be built upon until these questions are answered. Mr. Noonan asked who would protect the area for the loss of wetlands, and Mr. Senko said the Conservation Commission would be responsible and also that the Bldg. Inspector had that power. Mr. Noonan said his Group was advised to talk to the Planning Board. After more discussion, a motion was made by P. D'Amour, seconded by W. Wheaton that the Planning Board send a letter to the City Solicitor and the Inspector of Public Property for clarification of questions on the Belleau property as framed in the letter. • (The framework of the letter was given to Abby Burns by Timothy Noonan: Minutes of the Meeting of March 4, 1976 Page 4 "A letter will be written to: Bldg. Inspector and Bill Tinti , City Solicitor, • concerning Belleau Realty - Subdivision of 5 lots on Lafayette St. below college. Who owns the sea wall? W/ref. to Chap. 90 on construction? If Belleau does own the sea wall , does it constitute a valid part of the lot? In last paragraph of deed there is reference to the possibility of public property infringing upon said land.")• The following voted "Aye": P. D'Amour, A. Burns, Staley McDermet, W. Power, Al Rozumek, W. Wheaton. T. Sadoski voted "Opposed". The motion was carried. P. D'Amour asked if any communication had been received from Salem Acres re the Pickman Park Subdivision. Mr. Sadoski stated none had been received and Mr.D'Amour suggested the Board send them another letter. The Chairman advised that Mr. Vallis had been out of the country, that the Board had'sent a letter to him pointing out there • were a lot of points to be resolved, and if Mr. Vallis didn' t take due action, the Board would have to turn the Plan down. Brian French, Chairman of the Conservation Commission, addressed the Board and said he wanted to explore the possibility of the Planning Board and the Planning Department sharing the cost and scope for wetlands mapping as a first step toward flood plains .and wetlands zoning. Discussion was held and Mr. Sadoski said he felt the Planning Board was sympathetic to the purpose and the intent, and if the Conservation Commission could come up with a reasonable estimate, the Board would vote to make a joint request with the Conserva- tion Commission to the City Council for an appropriation. LORING HILLS DEVELOPERS TRUST Discussion was held on the Loring Hills' Subdivision and Mr. Sadoski said he felt the Board should be receptive to further discussions. Mr. Wheaton stated the Board • should ask themselves what the issues are and investigate specific topics. A suggestion was made that a letter be sent to the Health Dept. asking under what cir- cumstances they would approve the plan. Mr. Wheaton felt the letter should say the Minutes of the Meeting of March 4, 1976 Page 5 Board would like to know what the capacity is, in 6-month intervals for the next • five years, of the sewerage system so that we know. how much of the plan can be approved next year in terms of the capacity of the sewers that will be ready next year and how much of the Plan could be approved three years from now. Mr. Sadoski felt these were questions that could be answered by the City Engineer. Mr. Senko suggested a person or subcommittee be delegated to resolve these questions rather than sending the letter, and he said he would be happy to work with whoever was designated and report back to the Board. Discussion was held on Marion Manor. Councillor Saraceno said he felt the financial burden on the City would be severe and he requested the Board to research the particular legislation pertaining to Marion Manor. Mr. Sadoski said he would contact the City Engineer with regard to the sewers. The Chairman stated the Board would try, in two weeks, to make a decision that could be rendered to Mr. Quigley about the Board 's desirability for further negotiations. • Mr. Sadoski read a letter to the Members that was received from Councillor Cawley. The letter stated that Mr. Robert Bowes, a petitioner to the Board of Appeal , requested the Councillor to ascertain the procedure whereby members of the Planning Board appear before the Board of Appeal , in particular with reference to Mr. Wheaton's appearance before the Appeals Board February 23rd when he read a statement of the Planning Board in which the Board urged the Board of Appeal to consider parking and open space. Mr. Sadoski informed the Councillor that the Planning Board acts in an advisory role, giving the Board of Appeal recommendations based on their knowledge of planning and zoning. Mr. Sadoski further stated he thought Mr. Bowes was indicating that the Board probably should make their feelings known to a petitioner if there was a consensus of the Planning Board that a conditional variance should be granted. Mr. Wheaton suggested that anyone who was engaged in a major development, in view of the Board's relation • with the Appeals Board, could arrange some time before the Appeals process, to come before the Planning Board to give a brief description of the project , saying the plan will be on file at the Bldg. Inspector's office. Then, if the Planning Board has an Minutes- of the Meeting of March 4, 1976 Page 6 • objection, discussion can be held with the petitioner. Mr. Sadoski said he feels the Planning Board has a right to send a member to any Board to present opinions and that he feels it is more practical to present a consensus of the Board rather than take a fixed position. Mr. Wheaton said the Board acts in an advisory capacity and will continue to give their recommendations to the Appeal Board. After further discussion, the Chairman said to let the record show that the letter from Councillor Cawley was received, discussed, and placed on file. Mr. Senko brought Members up to date on the Community Development Application. He stated several new projects will be tried under the CD program this year, particularly in the area of housing and conservation and asked for suggestions as to how the Planning Board would like to get involved. Mr. D'Amour referred to the $100,000 for housing loans and made the recommendation that he would like to see a screening committee set up so that the money could be used for areas other than the Derby Street area and historical • places. Mr. Senko said he would be meeting with the Housing Authority to discuss various programs and that he would like to use their expertise. He agreed that a target area should be found and that the money should not go just into historic properties or the Derby Street area because the CD program is for the community. Mr. Senko said he saw the type of involvement the Board wanted and would welcome their help if they wanted to spend some time with him. Mr. Sadoski reviewed correspondence received and said if any of the members wanted to take any of the newletters home, they could so so; if not, the correspondence would be placed on file. Mr. Sadoski said that with reference to the Board's request that a letter be sent to the Building Inspector, re Belleau Realty, if he felt there was a chance of some legal entanglement, he probably would not sign the letter, that it would have to be signed by Abby Burns, as secretary for the Board, or in some other way. The Agenda of the Board of Appeal was discussed. A suggestion was made that plans for the signs for Royal Formal Wear and Add-A-Sign Co. be made available for the next Minutes of the Meeting of March 4, 1976 Page 7 meeting, and P. D'Amour said he would get them from the Planning Dept. On the • petition of Deborah Heaton for a Special Permit to.add a third floor apartment at 28 Howard Street, this too was tabled for discussion at the next meeting. Discussion of the proposed information to be included with the submission of a Form A application was tabled to the next meeting. A motion was made by S. McDermet, seconded by W. Power, and unanimously voted to adjourn the meeting at 11 :30 P.M. Respectfully submitted, • Lt1l �`T�EIII s iISS� L ' 1..SE��S A, ? J; lauding Dart PLANNING BOARD MEETING MARCH 4, 1976 AGENDA 1 . Approve Minutes of Meeting of February 5, 1976 as copied and mailed to Members for advance reading. . Motion Second 2. Approve Minutes of Meeting of February 19, 1976 as copied and mailed to Members for advance reading. Motion Second 3• Form A' s a. . Patrick Pardo - 5 Barnes Road b. Joseph L. & Albertina G. Vargas - 101 and 101E Mason Street C. Comm. of Mass. , Dept. of Fisheries, Wildlife E Recreational • E Vehicles, Dept. of Environmental Management - Fort Avenue at the intersection of Winter Island d. Mr. Dunn, Lafayette St. , will appear at the meeting for information on a Form A, November of 1974, Ernest Belleau, Lafayette Street 4. Brian French, Conservation Commission 5• Loring Hills Developers Trust - discussion 6. Salem Acres - Pickman Park - discussion 7. Community Development , W. Gregory Senko 8. Correspondence a. MAPC - bulletin, newsletter b. Mass. Dept. of Community Affairs - newsletter c. Mass. Historical Commission - Salem Common Historic District d. Board of Appeal Agenda 9. Unfinished Business a. Proposed information to be included with Form A applications 10. Adjourn • Motion Second fdi#v of ttletli, ttssttcl�rusE##S (long oatem (gars MINUTES OF THE MEETING .OF THE SALEM PLANNING BOARD HELD THURSDAY, MARCH, 18, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN; SALEM, MASS. Members Present: Paul D'Amour, Staley McDermet, Walter Power III , Alfred Rozumek, Tadius Sadoski Members Absent : Abby Burns, Raymond Sweeney, William Wheaton Also Present: W. Gregory Senko, Mrs. Lucille Kirby Mrs. Lucille Kirby was a petitioner to the Board of Appeal for a Special Permit to add a third floor apartment to an existing two-family house at 92 Linden Street (R-2District) . Her petition was denied, and, in conversation with the Chair- man of the Appeal Board, Mr. Gray suggested she come before the Planning Board for • a Special Permit. Chairman Sadoski informed Mrs. Kirby he had discussed the matter with the City Solicitor who gave the opinion that at the present time the Planning Board had no authority to grant the approval of a Special Permit. That authority will not be granted to the Board until they adopt that specific part, or the whole, of the new Zoning Enabling Act. Mr. Sadoski stated that even when the Planning Board has that authority, there will have to be significant and substantive change in the circumstances surrounding the Permit. The Chairman recommended that approval of the Minutes of the Meeting of March 4, 1976 be tabled to the next meeting. The Accounts Payable List was reviewed, and a motion was made by S. McDermet, seconded by W. Power, and unanimously voted to approve payment of the Accounts Payable list as presented. The Chairman declared the motion carried. FORM A -- Peter H. b Barbara J. Maitland, 17 Williams Street, Salem ,• Location - Lots 435 and 436 on 23 Cedarcrest Avenue Mr. & Mrs. Maitland would like to have the boundary line between these two lots removed to make the two lots into one so they may build their house in the ,Minutes -of the Meeting of March 18, 1976 Page 2 center of the two lots. • A motion was made by W. Power, seconded by A. Rozumek, and unanimously voted that the plan of land in Salem, prepared for Peter Maitland , March 10, 1976, be endorsed by the Planning Board as approval not being required under subdivision law. The Chairman declared the motion carried. The Chairman read a letter sent by Mayor Levesque with reference to the new Zoning Enabling Act. The Mayor requested that two members of the Planning Board be appointed to a working committee to determine the necessary changes in the City's Zoning Ordinance. After discussion, a recommendation was made that a letter be sent to Mayor Levesque, designating the Chairman of the Planning Board (presently Tadius Sadoski ) and Mr. William Wheaton as the members to be appointed to the working committee and requesting, in view of anticipated zoning changes, that Staley McDermet be designated as an alternate member, with the privilege of attending all meetings • and acting in a full capacity for the Board in the absence of either or both of the two named members of the committee. The Planning Board took action on filing the Controlled Growth Maps with the Registry of Deeds. The maps were originally filed on December 30, 1975 on blue line prints. The Registry accepted these prints on a temporary basis until mylars could be provided. Mylars were presented at this Planning Board meeting for reacceptance and resignature by the Planning Board. Plans were signed by the Chairman with the dual dates of December 30, 1975 and March 18, 1976. A motion was made by P. D'Amour, seconded by A. Rozumek, and unanimously voted to reaffirm the motion of December 18, 1975 "to approve the Controlled Growth Maps as presented as filling the requirements". The Chairman declared the motion carried. It was noted by the Chairman that a letter was sent by Certified Mail to • Attorney Vallis re the proposed Pickman Park Subdivision, enclosing a copy of the Board ' s letter of January 27, 1976, inasmuch as no communication had been received from him. Minutes' of the Meeting of March 18, 1976 Page 3 Mr. Sadoski advised he had talked to the City Solicitor regarding • Belleau Realty and Mr. Noonan' s request that a letter be sent to the City Solicitor for clarification on this matter. Mr. Tinti said he was meeting with Mr. Noonan and other parties on this matter and recommended that no action be taken until the Board hears further from him. P. D'Amour made a motion, seconded by S. McDermet, and unanimously voted that the Board table the issuance of the letter until further information is received from the City Solicitor. The Chairman declared the motion carried. LORING HILLS DEVELOPERS TRUST Board Members and the City Planner discussed the Loring Hills Developers Trust subdivision. Mr. Sadoski said he had contacted various people, including the City Solicitor, and their consensus was that the Planning Board should contact Mr. Quigley-, indicating their desire for further informal discussions. • A motion was made by Staley McDermet, seconded by Paul D'Amour, and unani- mously voted that the Chairman be authorized to contact Mr. Quigley, through the City Solicitor, saying that the Board has an interest in continuing discussions re- garding the subdivision. The Chairman declared the motion carried. Mr. Senko said he would like to meet with the Board next week to discuss the Loring Hills subdivision. A motion was made by S. McDermet, seconded by P.D'Amour, that the Planning Board meet in a working session next Thursday, March 25, 1976 at 7:30 P.M. in this location, if available, if not, at another location, for an in- formative working session on the proposed Loring Hills subdivision, and that the Planning Department have whatever information is available on the subdivision for this meeting. After further discussion, Mr. McDermet withdrew the above motion and made the following motion: that the Planning Board hold a working session March 25, 1976 • at 7:30 in this location, subject to availability, or another conference room on this floor. The form of this session shall be subject to the opinion of the City Minhtes of the Meeting of March 18, 1976 Page 4 'Solicitor. Depending upon his determination, appropriate action shall be taken • by the Chairman to enable the session to be held. The motion was seconded by P. D'Amour, unanimously voted, and the Chairman declared the motion carried. BOARD OF APPEAL Decisions on petitions to the Board of Appeal were distributed to Members for their review; then they were to be placed on file. The Board reviewed the agenda for the March 23, 1976 meeting of the Board of Appeal . With reference to the petitions of Royal Formal Wear., Inc. and Add-A-Sign Co. for variances on signs, Mr. Senko stated the Planning Department is strongly recommending that the variances not be granted and requested the Board's support on this position. A motion was made by W. Power, seconded by A. Rozumek, and unanimously voted that the Planning Board supports the action taken by the Planning Department in opposing the petitions of Royal Form Wear and Add-A-Sign Co. to the Board of • Appeal for signs. The Chairman declared the motion carried. A recommendation was made that a letter be sent to Mr. Gray, Chairman of the Appeal Board, indicating the action taken tonight in supporting the Planning Dept. ' s position and also to make reference that in similar matters the Planning Board would request that the Board of Appeal not grant a variance unless there are severe practical difficulties or considerable hardship associated with the cases. On the petition of Deborah W. Heaton for a Special Permit to add a third floor apartment to an existing two-family house at 28 Howard Street, it was the con- sensus of the Board members that the petition should be denied because the property is already overcrowded in its current use as a two-family house and because there is not area available for parking. A Board member will appear before the Appeal Board meeting to present the Planning Board's opinion on this subject. • Discussion was held on the Conservation Commission's request for nine copies of the newly printed Subdivision Regulations. A motion was made by P. D'Amour, seconded by W. Power, that the Planning Board will send a gratis copy of the Minutes of the Meeting of March 18, 1976 Page 5 Subdivision Regulations to: the City Clerk, Mayor, City Solicitor, Councillors, • Building Inspector, City Engineer; Chairmen of the Board of Health, Board of Appeal , Conservation Commission; and a copy will be sent to the Main Branch of the Public Library and the Registry of Deeds. The motion was voted unanimously and the Chairman declared the motion carried. ' A letter will be sent to the Conservation Commission stating that copies of the Subdivision Regulations are being sent to the Chairmen of the above-named boards, and if members of the Commission desire copies, they may be obtained at a price of $2.50/copy. The Chairman reviewed remaining correspondence received and noted it would be placed on file. Mr. Senko addressed the Members and reviewed the status of the Community Development application for fiscal 1977. • The subject of 'Form A's was discussed, and a motion was made by S. McDermet, seconded by A. Rozumek, and unanimously voted that the subject of proposed informa- tion to accompany the submission of a Form A be tabled until the next meeting. The Chairman declared the motion carried. A motion was made by A. Rozumek, seconded by S. McDermet, and unanimously voted to adjourn at 10:40 P.M. The Chairman declared the motion carried. Respectfully submitted, • } �i# of �Salenl, 'Mttssac4use##s (®tleOultin (16tern PLANNING BOARD MEETING MARCH 18, 1976 AGENDA 1 . Approve Minutes of Meeting of March 4, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Approve Accounts Payable List a. Ted Cole' s Music Shop - 6--90 minute tapes $17.94 b. Business Aid Shop - Printing of Revised Subdivision Regulations $566.00 Motion Second 3. Form A' s Peter H. b Barbara J. Maitland - Lots 435 and 436 on 23 Cedar.crest Avenue 4. Mrs. Kirby - re Board of Appeal decision for a Special Permit to add a third floor apartment to an existing two family house at 92 Linden St. 5• New Zoning Law 6. Pickman Park Subdivision 7. Loring Hills Developers' Trust - W. Gregory Senko 8. Proposed Draft of Letter re Belleau Realty 9. Board of Appeal a. Decisions b. Agenda 10. Proposed information to accompany a submission of a Form A 11 . Conservation Commission' s request for nine copies of the Revised Subdivision Regulations 12. Communications a. South Essex Sewerage District b. MAPC - Luncheon Workshop Metropolitan Boston Bikeways • Legislative Status Report c. Commonwealth of Massachusetts d. New England River Basins Commissions e. Zoning Bulletins (3) - members have copies 13. Adjourn Motion Second . :, fdi#� �tf �Sixletii, �ttssttcll�zsE##s Onr OuIrm Garn MINUTES OF THE SPECIAL MEETING OF THE SALEM PLANNING BOARD HELD MARCH 25, 1976, 7:30 P.M. , ONE SALEM GREEN, THIRD FLOOR CONFERENCE ROOM, SALEM Members Present: Paul D'Amour, Walter Power, Staley McDermet, Tadius Sadoski Members Absent: Abby Burns, Al Rozumek, Ray Sweeney, Bill Wheaton Also Present: W. Gregory Senko., City Planner A Special Meeting was convened on March 25, 1976 for the purpose of discussing the Loring Hills Developers Trust's proposed subdivision and the position of the Planning Board in any negotiations with the Loring Hills Developers Trust. There being no quorum present, a formal meeting was not conducted. An informational session followed in which discussions were held concerning the • following: 1 . Purchase by the City of land owned by Loring Hills. 2. Specific information regarding proposed development on the Loring Hills land: a. Marion Manor insofar as tax status, Section 8 Housing money, and MHFA participation and procedures. b. Nursing home insofar as location on the land and tax status. 3• Salem' s sewer program was discussed and how it will not solve problems relative to Loring Hills as presently planned. Tadius Sadoski suggested the following course of action in future negotiations: 1 . Appraisals be done on the land. 2. Pursue acquisition program. 3. In an attempt to reach an agreement, the following issues will have to be discussed: a. Sewer improvements Minutes of the Special Meeting of March 25, 1976 Page 2 b. Occupancy schedule c. Waste water schedule d. Density per parcel e. Specific Conservation Commission recommendations f. Transportation density g. Flooding and erosion plan, i . e. drainage. Walter Power made the further suggestion that: 1 . Priorities for the development of the land should be considered insofar as: a. Type of facilities which will be best for the community b. Open Space Plan c. Educational needs: (profile for children and families) , school children per housing project. • Staley McDermet was in agreement with Mr'. Power' s approach to this problem. There was final agreement on the following points: 1 . The subdivision should be looked at by the Planning Board with a view to the overall subdivision and how it interrelates with the surrounding activities. How does other proposed development on the subdivision fit int 2. Some method of remedying the sewer situtation must be agreed upon. 3• The question of educational needs must be determined. 4. Some method of recreational or conservation land controlled by the City has to be arrived at. The meeting adjourned at 11 : 15 P.M. Respectfully submitted Ctv Ilf $a1ent, Aussac4usetts • ; ' w Planning PIIarl Out Ontent Greeu MINUTES OF THE MEETING OF THE SALEM PLANNING BOARD HELD THURSDAY, APRIL 1 , 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASS. Members Present : Abby Burns, Paul D'Amour, Staley McDermet, Walter -Power, Al Rozumek, William Wheaton Members Absent: Tadius Sadoski , Ray Sweeney Also Present: James Fleming, Esq. In the absence of the Chairman,Staley McDermet, Acting Chairman, called the meeting to order with a quorum present. A motion was made by P. D'Amour, "seconded by A. Rozumek, and unanimously voted to approve the Minutes of the Meeting of March 4, 1976. The Acting Chairman declared the motion carried. A motion was made by P. D'Amour, seconded by W. Power, and unanimously voted to approve the Minutes of the Meeting of March 18, 1976 as copied and mailed to Members for advance reading. The Acting Chairman declared the motion carried. A motion was made by A. Rozumek and seconded by P. D'Amour that unless otherwise noted, all copies of the Subdivision Regulations will be sold for $2.50 a copy. The vote was unanimous and the Acting Chairman declared the motion carried . Discussion was held on the March 23rd letter received from the Conservation Commission in which Mr. French requested that the Commission receive copies of the Planning Board Minutes of Meetings, .,and that the Conservation Commission be included in the Loring Hills and Pickman Park discussions and informed of all activities. A motion was made by A. Burns, seconded by P. D'Amour, and unanimously voted to send copies of the Planning Board Minutes of Meetings to the Conservation • Commission. The Acting Chairman declared the motion carried. The Board Members felt that even though they would like to work with Minutes of the Meeting of April I , 1976 C Page 2 • the Conservation Commission and have their opinion relative to the Loring Hills Developers Trust subdivision, there are certain negotiations which must be held in private. With respect to the proposed Pickman Park Development , the Board said they would inform the Conservation Commission of any meetings. The Acting Chairman said he would talk to Brian French with respect to these two matters. Information to be included with each Form A application was reviewed. It was decided that items a. , b. , c. , e. , f. , g. , h. , i . , j . , k. , 1 . and r. will make up this informational sheet. A motion was made by William Wheaton, seconded by Walter Power, and unanimously voted that the "Information To Be Included With Each Form A Application" be printed and sent to the lawyers in town and distributed with every application for a Form A. The Acting Chairman declared the motion carried. FORM A George Wadleigh, 199 Locust Street -- (two lots of land commonly referred to as Danvers (167 Boston Street, Salem • Atty. James Fleming addressed the Board and said Mr. Wadleigh would like to join the majority of Lot B with Lot A, creating a non-conforming lot which will then have to go before the Board of Appeal . Mr. Wadleigh then proposes to sell the lot. After discussion, a motion was made by William Wheaton to endorse the Form A application as submitted by George Wadleigh as not requiring approval under the Subdivision Control Law, changing the top of the linen to read "Salem Planning Board" instead of the "Salem Appeal Board". Mr. Rozumek seconded the motion and it was unanimously voted. The Acting Chairman declared the motion carried. A motion was made by P. D'Amour, seconded by A. Burns and unanimously voted to send a letter to Bill Tinti , Greg Senko and Bill Versaci , stating the Board' s appreciation for their help in revising the Subdivision Regulations. The Acting Chairman declared the motion carried. • I Minutes of the Meeting of April 1 , 1976 Page 3 • A motion was made by P. D'Amour, seconded by A. Rozumek, that a Special Meeting of the Planning Board be held Thursday, April 8, 1976 at 7:30 P.M. at the Third Floor Conference Room, One Salem Green, for the purpose of discussing the proposed Loring Hills Developers Trust Subdivision. The following voted "Aye": A. Burns, P. D'Amour, Staley McDermet, A. Rozumek and William Wheaton. Water Power abstained. The Acting Chairman declared the motion carried. Members reviewed the Minutes of the Executive Session held February 5, 1976 on Loring Hills Developers Trust. Two editorial corrections were noted, and on Page 5, second line, "Mr. Tinti said. . . . . .the Board could approve the plan conditionally for five years. . . .", Mr. McDermet questions "five years" and asked the secretary to check this with Mr. Tinti to see if it should read "seven". • A motion was made. by P. D'Amour, seconded by A. Rozumek, and unanimously voted to accept the Minutes of the Executive Session of February 5, 1976 - corrections noted. The Acting Chairman declared the motion carried. There being no further business for discussion, a motion was made by P. D'Amour, seconded by W. Power, and unanimously voted to adjourn the meeting at 9:40 P.M. Respectfully submitted, ssubm,itteedd,,, • •r (1�i# of S.Sttlem, �tt�sttcl��zsE##s • � ' w ' � �[aultitt$ �Darl (One Oalent (6rrrn PLANNING BOARD MEETING APRIL 1 , 1976 AGENDA 1 . Approve Minutes of Meeting of March 4, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Approve Minutes of Meeting of March 18, 1976 as copied and mailed to Members for advance reading. Motion Second 3. Form A George Wadleigh - two lots of land commonly referred to as 167 Boston Street, Salem 4. Correspondence a. Conservation Commission - letter Minutes of Meetings b. Town of Marblehead - Public Hearing c. Board of Appeal - decisions d. MAPC - Community Exchange Series e. Dept. of Community Affairs - Newletter (Members have copies) 5. Discussion 6. Adjourn Motion Second • o'V _ CITY OF SALEM MASSACHUSETTS W. GREGORY SENKG PLANNING DEPARTMENT CITY PLANNER ONE SALEM GREEN 01970 MINUTES OF THE SPECIAL MEETING OF THE SALEM PLANNING BOARD HELD THURSDAY, APRIL 8, 1976, 7:30 P.M. , ONE SALEM GREEN, SALEM, MASSACHUSETTS Members Present: Abby Burns, Paul D'Amour, Staley McDermet, Ted Sadoski , William Wheaton Members Absent : Walter Power III , Al Rozumek, Ray Sweeney The Chairman called the meeting to order at 8:30 P.M. The Board met to discuss proposals to be given to Mr. Charles Quigley regarding the problems with the Loring Hills development. • Bill Wheaton gave a detailed report on economic benefits and/or deficits which could occur with the development as proposed by Mr. Quigley. Mr. Wheaton will Xerox his figures on revenues for different types of development and send same to Members. After a long discussion the Board had these proposals to present to Mr. Quigley: 1 . They would like to see the entire land developed in single family units valued at approximately $60,000 on 1/3 - 1/2 acre lots. 2. They will impart concern over marketability of condominiums in Vinnin Sq. area. 3• Subsidized housing, nursing homes or institutional development would be deteri- mental to downtown development. If Mr. Quigley rejects our single family home suggestion and insists on Marion Manor, we would suggest 400 condominiums (10 per acre) , tennis courts. and a nursing home. • Marion Manor must be diminished to comply, with current zoning and building height. Minutes of the Special Meeting of April 8, 1976 Page 2 Density must be lowered for apartment and condominium development to 8 • per acre, in exchange for which the Board would be flexible about open space requirement. Greg Senko will meet with the Board at the next regular meeting, April 15, 1976. A motion was made by Bill Wheaton, seconded by Staley McDermet, and unanimously voted to invite Mr. Quigley to meet with the Board at a Special Meeting, April 22, 1976. The meeting adjourned at 9:30 P.M. Respectfully submitted, • • �onortt o' a 4 1 A \��f• o 4 Sp�Q1111N DO�YY CITY OF SALEM MASSACHUSETTS W. GREGORY SENKG PLANNING DEPARTMENT CITY PLANNER ONE SALEM GREEN 01970 MINUTES OF THE SPECIAL MEETING OF THE SALEM PLANNING BOARD HELD THURSDAY, APRIL 8, 1976, 7:30 P.M. , ONE SALEM GREEN, SALEM, MASSACHUSETTS Members Present: AbbyrBurns, Paul D'Amour, Staley McDermet, Ted Sadoski , William Wheaton Members Absent: Walter Power III , Al Rozumek, Ray Sweeney The Chairman called the meeting to order at 8:30 P.M. The Board met to discuss proposals to be given to Mr. Charles Quigley regarding the problems with the • Loring Hills development. Bill Wheaton gave a detailed . report on economic benefits and/&.-deficits which could occur with the development as proposed by Mr. Quigley. Mr. Wheaton will Xerox his figures on revenues for different types of development and send same to Members. After a long discussion the Board had these proposals to present to Mr. Quigley: 1 . They would like to see the entire land developed in single family units valued at approximately $60,000 on 1/3 - 1/2 acre lots. 2. They will impart concern over marketability of condominiums in Vinnin Sq. area. 3• Subsidized housing, nursing homes or institutional development would be deteri- mental to downtown development. If Mr. Quigley rejects our single family home suggestion and insists on Marion Manor, we would suggest 400 condominiums (10 per acre) , tennis courts and a nursing • home. Marion Manor must be diminished to comply with current zoning and building height. Minutes of the Special Meeting of April 8, 1976 Page 2 Density must be lowered for apartment and condominium development to 8 • per acre, in exchange for which the Board would be flexible about open space requirement. Greg Senko will meet with the Board at the next regular meeting, April 15, 1976. A motion was made by Bill Wheaton, seconded by Staley McDermet, and unanimously voted to invite Mr. Quigley to meet with the Board at a Special Meeting, April 22, 1976. The meeting adjourned at 9:30 P.M. Respectfully submitted , of $alent, �MSSMcI�Ltse##� • �^ Plat tlitts PDarb (Opp Oalp ri (gfPPri MINUTES OF THE SALEM PLANNING BOARD MEETING HELD THURSDAY, APRIL 15, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASSACHUSETTS Members Present : Abby Burns, Paul D'Amour, Staley McDermet, Walter Power, William Wheaton, Ted Sadoski Members Absent: Al Rozumek, Ray Sweeney Also Present: Greg Senko, George Vallis, Esq. The Chairman opened the meeting at 7:35 P.M. A motion was made by P. D'Amour, seconded by S. McDermet, and unanimously voted to approve the Minutes of the Meeting of April 1 , 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. A motion was made by W. Power, seconded by P. D'Amour, and unanimously • voted to approve the amended Minutes of the Executive Session of February 5, 1976. The Chairman declared the motion carried. After review of the Accounts Payable List a motion was made by W. Wheaton, seconded by W. Power, and unanimously voted to approve the first two bills listed, tabling the New England Telephone bill until it has been received. The Chairman declared the motion carried. The annual election of officers will be held at the May 6, 1976 meeting. FORM A' s Avellis Enterprises, Inc. -- said property is located on Fort Avenue, Salem Willows. The owner proposes to sell Lot B as shown on the plan. The parcel consists of a building, commonly known as Cappy' s. After presentation of the Form A by Atty. Vallis, a motion was made by • B. Wheaton to endorse the Form A submitted by Avellis Enterprises, Inc. as not requiring approval under the Subdivision Control Law. The motion was seconded by W. Power, unanimously voted, and the Chairman declared the motion carried. .,-Minutes of the Meeting of April 15, 1976 Page 2 Salem Redevelopment Authority - Atty. Vallis presented the Form A and explained • that the plan shows a division of a tract of land, on which three buildings were standing when the Subdivision Control Law went into effect, into separate lots on each of which one of such buildings remains standing. Said parcels of land are located at the corner of Essex and Central Streets : Parcel R-5A-1 originally housed Jack' s Apparel Shop; the building located on Parcel R-5A-2 is commonly known as the Custom House Building; the building shown on Parcel R-5A-3 is presently being used as an office building. The Salem Redevelopment Authority proposes to convey all three parcels to Pasquanna Developers, Inc. who will rehabilitate all the build- ings, proposed use to be commercial and housing. A motion was made by S. McDermet , seconded by P. D'Amour, and unanimously voted that the Form A submitted by the Salem Redevelopment Authority is endorsed as not requiring approval under the Subdivision Control Law. The Chairman declared the • motion carried. Discussion was held on the advantages of the Board having a set of Assessor 's maps, and a motion was made by B. Wheaton, seconded by P. D'Amour, and unanimously voted that the Board purchase a set of the Assessor's maps, the price of the maps to be approximately $35.00. The Chairman declared the motion carried. Board of Appeal decisions were reviewed by the Members. The Agenda for the April 27th meeting of the Board of Appeal was discussed, and a motion was made by P. D'Amour, seconded by S. McDermet, and unanimously voted that with reference to the petition of Donald R. Oullette to erect a sign at 241-243 Jefferson Avenue, the Planning Board moved to inform the Board of Appeal that unless the sign is approved by the Planning Department, the Planning Board is opposed to any variations of the Sign Ordinance. The Chairman declared the motion carried. Mr. Sadoski questioned Atty. Vallis as to the status of the proposed • Pickman Park subdivision and Mr. Vallis said single family deve opment is certain. The Board invited Atty. Vallis to attend the Special Meeting of April 22, 1976 to discuss Pickman Park. 'Minutes of the Meeting of April 15, 1976 Page 3 LORING HILLS DEVELOPERS TRUST Mr. Senko appeared before the Board and said he had met with Mr. Quigley today. The following comments were made by Mr. Quigley: He restated his views that Marion Manor and a nursing home must be built; he will eliminate two-level parking structure and will have on-grade parking; he will decrease total residential development to 1 ,600 units; and he felt he has no problems with the sewers, schools,• fire protection, and recreation land. When asked by Mr. Senko if he would consider condominium or single-family development, Mr. Quigley said "No". Mr. Quigley said the City is eligible for 90% sewer reimbursement and that he would consider a donation of $10,000 to $100,000 for a sewer line along the B 'b M railroad tracks. Mr. Senko said he feels Mr. Quigley is ready to go to court on all matters • relating to Loring Hills, and he appears to be unwilling to compromise further. Mr. Quigley would sell the land for 3.4 million dollars. Staley McDermet presented a plan made by the Conservation Commission show- ing proposed acquisition of conservation land around the Forest River. In summary the plan indicates that approximately 30 acres of Loring Hills is in this proposed conservation area. A motion was made by Bill Wheaton, seconded by P. D'Amour and unanimously voted that the City Council adopt a separate phased development regulation as soon as possible. The Chairman declared the motion carried. A motion was made by Bill Wheaton that the Planning Board request the City Planner, in conjunction with the City Solicitor, to prepare and submit to the City Council , a legal and separate city ordinance establishing a phased development regulation. The motion was seconded by P. D'Amour, unanimously voted by the Members, • and the Chairman declared the motion carried. Bill Wheaton made a motion to adjourn the meeting at 9:40 P.M. , seconded by P. D'Amour, and unanimously voted by the Members present. Respectfully si tt aA1Q/ �. ('gi# laf ttleii>, ttssttcl�usP##s Planning Pam) s�cNdN` (Out, Oalp tt (Arim PLANNING BOARD MEETING - APRIL 15, 1976 AGENDA 1 . Approve Minutes of Meeting of April 1 , 1976 as copied and mailed to Members for advance reading. Motion Second 2. Accounts Payable: a. Essex Stationery - office supplies $ 53.42 b. S.M.H. - one volume CLE Zoning Notes, plus postage 16.00 c. New England Telephone (bill not recd as yet) Motion Second 3• FORM A's • A. Avellis Enterprises - Fort Avenue, Salem Willows - owner proposes to sell Lot B b. Salem Redevelopment Authority - corner of Essex b Central Street - owner proposes to convey all three parcels to Pasquanna Developers, Inc. 4. Assessor' s Maps 1 5• Board of Appeal - agenda and decisions 6. Correspondence a. Essex County Historic E Scenic District Planning Commission - Minutes b. Mass. Coastal Zone Management Bulletin E. MAPC - Regional Report d. Mass. Federation of Planning Board - Newsletter (Members have copy) e. Zoning Bulletin (Members have copy) 7. Discussion 8. Adjourn Motion Second • of ��S�rlem, �tt�s�cl�usE#t� • w ' PIatuting Paarl (Our Oa1Pnt (firPCn MINUTES OF THE SPECIAL MEETING OF THE SALEM PLANNING BOARD HELD APRIL 22, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASS. Members Present: Abby Burns, Paul D'Amour, Staley McDermet, William Wheaton, Tadius Sadoski Members Absent: Walter Power III , Alfred Rozumek, Raymond Sweeney Also Present: Brian French, Michael Kelly, Esq. , Charles Quigley Chairman Sadoski called the meeting to order at 8:00 P.M. A motion was made by Abby Burns, seconded by Staley McDermet, and unanimously voted to approve payment of $135.25 to the New England Telephone Co. , covering services for 744-4580, period ending April 10, 1976. The Chairman declared the motion carried. A motion was made by P. D'Amour, seconded by W. Wheaton, and unanimously voted to purchase a second set of Assessor's Maps, to be used by the Zoning Committee. The Chairman declared the motion carried. Bill Wheaton and Staley McDermet will work with Brian French on the zoning map study. LORING HILLS DEVELOPERS TRUST SUBDIVISION Mr. Charles Quigley and Atty. Michael Kelly, representing Loring Hills Developers Trust, were present at the meeting. Chairman Sadoski noted that this was the third Special Meeting the Planning Board had called for the purpose of discussing the Loring Hills subdi4isi6n..and summarized the basics of what was discussed at the previous meetings. The Planning Board would like to see balanced developments for all subdivisions in the City; that there be safe roads in the subdivision; that the subdivision provide proper public health facilities through the sewer system; that the drainage, after development, protect against improper drainage; that the development provides open • space; and that pleasant living conditions and environment are properly designed in the plans. On the basis of the last few meetings of the Planning Board, the Board Minutes of the Special Meeting of April 22, 1976 Page 2 • voted to recommend to Mr. Quigley that the subdivision would more appropriately meet these conditions if it involved a single family development of homes on 1/3 acre lots, the homes being in the $45-60,000 residential class. In the interest of balanced development all roadways, access roads and open space would be available. The develop- ment would fit into the best socio-economic scheme for the City, and the Board would know, from the beginning of the plan, that the plan meets all zoning requirements. Mr. Wheaton said the Planning Board arrived at this recommendation by considering the development of the area on City services, taxes, traffic, the economic development of the downtown area, the preservation of the environmental features and marketability. For the general welfare of the City several hundred single family units of high quality was the most desirable -- about 200 homes, about 1/3 of an acre per unit. In discussion with several local realtors in the area, their feeling was thatcondominiums in the Vinnin Square area were vastly overbuilt and oversold. While the Board felt condominiums . were attractive, there was concern about their marketability in that area. With respect to commercial development, because the downtown area has been built up with Federal and State funds, developers in the area feel that in the overall planning of Salem emphasis should be in the downtown area. The Board talked about the prospect of low-income housing, and while they strongly support the MHFA, and wholeheartedly agree with them in principle, Salem has more than 10% of its stock categorized in subsidized housing. There is considerable opposition, among all segments of the population, 'to the kind and quality of existing low-income housing. The Board feels that Salem has more than its fair share of low-income housing and that the present standards, set by existing low-income housing has been so terrible that they don' t want any more. There is some low-income housing in other areas, such as the Tannery, with high design standards. Atty. Kelly asked if Mr. Wheaton was speaking of Loring Towers and Mr. Wheaton • said "Yes", that the main objections were height, architecture, and the lack of land- scaping -- in no way does it try to enhance the open space in the area. Atty. Kelly asked if anyone had spoken to the tenants at Loring Towers and the reply was "Yes", Minutes of the Special Meeting of April 22, 1976 Page 3 that the tenants were happy there mainly because they are happy to get a 2-bedroom . apartment for the money they pay. It was pointed out by Mr. Wheaton that Salem has an extremely large segment of its population that are poor and elderly. MHFA housing does not accommodate natives but brings in new residents and Salem people still live in poor parts of the City. The Housing Authority' s program takes care of the needs of Salem people -- the MHFA takes care of the district. The Board is against bringing in new low- income population into the City. There was conversation concerning Marion Manor. Chairman Sadoski said he felt the subject of Marion Manor is not a direct concern of the Board but should be taken into context only in trying to get a balanced subdivision as it relates to the community. Mr. Wheaton stated that in talking to Real Estate people, it was their feeling that there was a desperate shortage of houses in the $45-60,000 range. The Planning Board has given thought as to whether this would be financially feasible and felt that the lots could be sold for roughly $15,000 apiece. The topography is probably the • most marketable feature of the land and with houses built at different elevations, the residents would have an expanded view. Chairman Sadoski reiterated that from a subdivision viewpoint, as a plan that could be approved by the Planning Board, all the areas of interest mentioned before are all things the Board would know are in the plan if it were developed this way. The access roads would be there, sewerage would be there, areas would have open space, and wetlands protection would be provided for. As Mr. Wheaton pointed out, the Board took all these factors into consideration and it appeared to them to be a suitable way of developing the area. Mr. Wheaton said the sewage loads in this kind of development would be minimal and possibly the development could begin quite soon on this kind of project because the number of units would be very low. • In answer to Atty. Kelly' s question as to whether there were many $60,000 homes in Salem, Mr. Wheaton stated that in this area there are quite a few on the Marblehead line. Across the way in Swampscott, there are a number of houses in that general price range - $45-60,000. Another development before the Planning Board which is Minutes of the Special Meeting of April 22, 1976 Page 4 in the tentative stage consists of $50,000 homes on 1/4 acre sites -- other developers • are not totally unaware that this is the best type of development. Atty. Kelly asked if, for this type of development , the present roadway system would be acceptable and the answer was that from a rough analysis the road could probably handle the traffic from 200 homes, with the introduction of entrance stop lights or something of that nature. If it couldn' t handle it, the right of way is already there and parking could be banned and curbs put in. Atty. Kelly asked if the Board was still opposed to a nursing home, and the Chairman said he didn' t think anyone said the Board was opposed to a nursing home but that if 15 acres of the land , for one reason or another some of the lot was not buildable, a nursing home could take up most of the development site. Mr. Wheaton commented that an institutional home or low- income housing would not help in the marketing of the single- family homes. Possibly some of the land could be set aside for tennis courts which would provide some commercial use. The Board had reservations about stores and commercial • facilities inasmuch as there are three commercial developments in the adjacent area and there was fear that any extensive development would add to traffic, overbuild the area and possibly compete with the downtown area. Atty. Kelly stated they have a Certificate of Need for a nursing home and asked if the Board felt a nursing home would be unacceptable because it would hurt the proposed use. Mr. Wheaton replied that while the Board expressed an opinion for no more low- income housing, the issue about a nursing home was still open. Atty. Kelly asked how the Board felt about luxury apartments and Mr. Wheaton stated their feeling was the same as the condominium market. This information was gathered in talking to real estate people. Atty. Kelly questioned if this was based on a period of over five years and Bill Wheaton said "Yes" the Board felt that this would be over several years. Mr. Wheaton continued that the Board was not as opposed in principle to condominiums as they were to low- income housing, that the Board' s • main fear on the condominiums was marketability and also the excessive density of development. Minutes of the Special Meeting of April 22, 1976 Page 5 • Atty. Kelly asked how the Board felt about a portion of the site being used for single family development, on what is called "Parcel H" insofar as the total topography of the site, taken as a whole, is more isolated than other sections, then using that in conjunction with condominiums or low-rise luxury.apartments - with the exception of Marion Manor - excluding low-income housing and possibly putting some commercial in the front. Mr. Wheaton said this could be a possibility but would be something the Board would have to discuss. Atty. Kelly said in terms of the commercial area it would not be a shopping center but boutiques, similar to the Village Shopping Area in Marblehead. Mr. Wheaton said this was one of the Board's strongest points, that if the downtown area develops as Marblehead has and as the SRA has always intended it to be, the downtown area will consist of small specialty shops and exclusive stores rather than the large outlet or supermarket type. That kind of use the Board feels will be competing with the downtown area. . Chairman Sadoski pointed out that some of the questions Atty. Kelly asked, in terms of balanced development as the Board viewed it, may come under the purview of the Planning Board under a Special Permit in order to comply with the new Zoning Enabling Act. If the City adopts all or most of the sections of the new Chapter 808, which are procedural things that have to be brought in compliance for everyone's benefit, it would leave another avenue for exploration other than what you have to go through now, parcel by parcel . Atty. Kelly said they also were in favor of recreational use and said that if they reduced the area to single-family homes to approximately 200, on lots of approxi- mately 1/3 of an acre, which is over and above the minimum acreage, then the amount of open space presently designated by the plan would be roughly adequate. Bill Wheaton said the Board's feeling was that if single family units were well laid out and advantage taken of the topography, then the Board would be more flexible on the open • space. Utilities and sewerage would have to depend on the road layouts. The Chairman stated that other City agencies were also involved, and at Mr. Sadoski 's Minutes of the Special Meeting of April 22, 1976 Page 6 invitation to speak, Mr. Brian French of the Conservation Commission had the following • comments: The Conservation Commission has put together a plan for a conservation area which extends approximately from Forest River to Thompson's Meadow. The Commission is concerned about how the development will interfere with their area. The Commission would like public access such as easements. There is a terrible shortage of water now and it is getting worse. Marblehead has been using water from this area and the large swamp the developer has is a major recharge area. The Conservation Commission's major concerns are around Parcel H and part of the Forest River which the developer owns at the far end of Parcel H. The Conservation Commission is applying for funds for acquisition of conservation land in that area which would probably be 65% of Parcel H. Mr. French said they would have about $140,000 maximum to spend which is reimbursable to the City. Chairman Sadoski asked if it would be conceivable that some housing could still be built if it was an RC area and Mr. French said he supposed that this could be. lf the Conservation Commission couldn' t meet the ideal , then they would have to consider something like that. They would like to keep the top side of the hill free for public access. Mr. French said their primary concern was for quality and character of the development. Mr. Sadoski said it was conceivable there might be some trade-off of land involved. Mr. Qui.gley said, in discussions with the City Planner, Mr. Senko said the Board wanted 1/3 of the entire land area which Mr. Quigley objected to. With 39 acres, and the 12 acres that were designated for open• space, this totals 51 acres, and the 65% normal open space requirements would be an additional 40 acres, so you have around 90 acres of open space or City-owned land or parkland in a total area of 120 acres which seems like a lot of open space. • Atty. Kelly said if it was the developer's intention to try to get a subdivision approved for the development of the land, then as he understood it, the following were the major objections of the Board: height, above 31 stories; socio-economic conditions 'Minutes of the Special Meeting of April 22, 1976 Page 7 for the area which means restrictions as to the financing of proposed developments; • and the next would be concern by the Conservation Commission for the wetlands. Mr. Wheaton said density would be an equally important factor. Chairman Sadoski said phased development is also a significant consideration by the Board. Mr. Sadoski commented that one of the ideas behind these informal discussions is that there may be areas where the Board' s input could be very important in terms of accepting a total subdivision that everyone would be happy with -- the developer, the Planning Board, and other departments of the City. The Board had been asked to give their ideas in response to the developer' s proposal but they are making no commitments or guarantees. Mr. Wheaton added that the idea of the informal discussions was to reach an informational understanding. Mr. French talked about the strip of land by the railroad tracks and said it was . in the Conservation Commission' s area. The City Solicitor is looking at it for the . Council to give the Conservation Commission custody of it. Mr. French said they would be willing to recommend , under suitable conditions, that some exchange of land be made but they would have to have egress into the open space. When asked what figure, in terms of bedroom space, was the maximum population which the Board would allow, the Board said the 200 single-family units was based on an assumption of 11-2 children a unit, about four persons per unit. Mr. Sadoski said the Board was not saying that is the absolute minimum in terms of the whole area. The criteria of how we would see the area developing was both for the City' s good and marketability of the development. Mr. Sadoski said as he understood it, even after the Phase I sewerage program is completed, there may be some problem arising in the sewerage and further work would have to be done. Atty. Kelly said as long as the two for one ratio was followed there was no danger to the sewerage system as such, that there were certain areas where • infiltration could be controlled. Eventually, in terms of maintenance and operation, portions of them would have to be fixed. Mr. Sadoski told Mr. Quigley that the Board would be happy to meet with him Minutes of the Special Meeting of April 22, 1976 Page 8 again at a regular meeting or would call a Special .Meeting if Mr. Quigley so desired. • PICKMAN PARK SUBDIVISION Discussion was held on the Pickman Park subdivision and Staley McDermet said he would consolidate the list of items that had to be resolved before the Board could take final action on the proposed subdivision. The Chairman requested that the Pickman Park Subdivision be put on the agenda for the next meeting and a copy of the agenda be sent to Atty. George Vallis. There being no further business to discuss, a motion was made by Abby Burns, seconded by Staley McDermet, and unanimously voted that the meeting adjourn at 9:45 P.M. Respectfully submitted, • • of .��Sixlem, �ttssttcll�zsE#t� SPECIAL MEETING OF THE PLANNING BOARD 4/22/76 AGENDA I.. Announcements 2. Accounts Payable - New England Telephone Co. 744-4580 $135.25 Motion Second 3. Order a second set of Assessors' Maps Motion Second 4. Discussion - Loring Hills Developers Trust 5• Discussion - Pickman Park 6. Adjourn Motion Second • lj �O �T J of �2I.�PI11� �tt88MC�1iSE��� (Ont Ottlent (16arn MINUTES OF THE MEETING OF THE SALEM PLANNING BOARD HELD MAY 6, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASS. Members Present : Abby Burns, Paul D'Amour, Staley McDermet, Walter Power, Ted Sadoski , William Wheaton Members Absent: Al Rozumek, Ray Sweeney Also Present: Joseph Carter, Atty. Beatrice, Arthur LeBlanc and residents of the Dearborn Street area The Chairman opened the meeting at 7:40 P.M. A motion was made by P. D'Amour, seconded by W. Power, and unanimously voted to approve the Minutes of the Meeting of April 8, 1976 as copied and mailed to • Members for advance reading. The Chairman declared the motion carried. P. D'Amour made a motion to approve the Minutes of the Meeting of April 15, 1976 as copied and mailed to Members for advance reading. The motion was seconded by B•ilil Wheaton, unanimously voted, and the Chairman declared the motion carried. Ted Sadoski and Paul D'Amour will attend the luncheon meeting of the Mass. Federation of Planning Boards Saturday and a motion was made by A. Burns , seconded by W. Power, and unanimously voted to approve payment of $14.00 for the attendance fee of the Annual Meeting. The Chairman declared the motion carried. Approval was also given to pay $60.00 plus postage for two volumes of Mass. Bar Review notes, N3 and A, ordered by the Chairman. The motion was made by P. D'Amour, seconded •by A. Burns and unanimously voted by the Members. The Chairman declared the motion carried. PICKMAN PARK SUBDIVISION Atty. Beatrice, General Counsel for DiBiase Brothers, Inc. , and Joseph Carter were present and Atty. Beatrice hand delivered two letters to the Chairman which Mr. Sadoski read to the Members. One letter requested that the developer be :Minutes of the Meeting of May 6, 1976 Page 2 • granted a four-month extension, thus making September 27, 1976 the date by which the Planning Board has to take final action on the application of the Pickman Park Subdivision. The second letter requested that a Sub-Committee of the Planning Board meet for working sessions with Atty. Beatrice, Joseph Carter, Civil Engineer, and a landscape architect so that a mutual agreement could be reached by both parties. Mr. Sadoski felt granting this extension would be in the best interest of the City. Mr. D'Amour asked if it was the developer's intent to cooperate with the Planning Board , and Atty. Beatrice said that in recent conversations with the DiBiase Brothers, they indicated their willingness to cooperate. Staley McDermet wanted to know why the Planning Board has had no communication from the developer over the last few months, and Atty. Beatrice rep lied that he has been the developer' s General Counsel since 1975 in areas that take in other cities and towns, that he did not have the complete file in regard to Salem, but was • present at this meeting to get this development plan off the ground and see if a conclusion can be reached. Mr. McDermet expressed the opinion that the Preliminary Plan was filed under the old subdivision regulations and this still seemed to be a stalling maneuver to stay under the old regulations. Atty. Beatrice emphasized that he was anxious to get something started and was ready to do this within the next ten days or two weeks:' In ,answer to Walter Power' s question if they would be meeting to consider single family homes, Atty. Beatrice said he would like to get the ideas of the landscaper and the sub-committee. He felt the decision for single family homes was settled but if the Board felt this was not in the best interest of the City and recommended adjustments, then he said he would be willing to sit down and try to establish a rapport. After further discussion a motion was made by W. Power and seconded by P. D'Amour that the request for an extension of the date of final action by the • Planning Board on the Pickman Park Subdivision be granted, said date extended to September 27, 1976. `Minutes of the Meeting of May 6, 1976 Page 3 • The following voted "Aye": Abby Burns, Paul D'Amour, Walter Power, William Wheaton, Ted Sadoski . The following voted "Opposed": Staley McDermet. The Chairman declared the motion carried. Staley McDermet distributed to Members a memo regarding unsolved items on the Pickman Park Subdivision Plan. A copy of this list was also given to Atty. Beatrice. Chairman Sadoski asked for volunteers for the Sub-Committee to meet with Atty. Beatrice, the landscape architect and engineer. Paul D'Amour, Staley McDermet and Walter Power said they would be willing to serve on this Committee. Atty. Beatrice informed the Chairman he would contact him as soon as a landscape architect was re- tained which would be in a few days. Chairman Sadoski said the next matter of business was the Annual Election • of Officers of the Planning Board. Mr. Sadoski informed the Board that he would not be able to serve as Chairman after this evening. Mr. Sadoski said he would remain on the Board and subcommittees and would be happy to assist whoever will be the Chairman. Mr. Sadoski said he would accept nominations from the floor for a Chairman. Paul D'Amour placed Staley McDermet' s name in nomination, seconded by Abby Burns. Mr. Sadoski asked if there were any other nominations from the floor. There being none, a motion was made by P. D'Amour and seconded by B. Wheaton to close the nominations. The following voted "Aye": A. Burns, P. D'Amour, W. Power. ,W. Wheaton, Ted Sadoski . Staley McDermet abstained. The Chairman asked for a vote for all those in favor of S. McDermet for Chairman. Those in favor were: A. Burns, P. D'Amour, W. Power, W. Wheaton, T. • Sadoski . Staley McDermet abstained from voting. The Chairman declared Staley McDermet the new Chairman of the Planning Board. Minutes of the Meeting of May 6, 1975 Page 4 • Bill Wheaton placed Abby Burns' name in nomination for Secretary, which was seconded by P. D'Amour. There being no other nominations from the floor, P. D'Amour made a motion, seconded by Bill Wheaton, to close the nominations. P. D'Amour, S. McDermet, W. Power, T. Sadoski and B. Wheaton voted in favor of Abby Burns, Mrs. Burns abstaining. The Chairman declared Mrs. Burns secretary of the Planning Board. APPLICATION FOR DEVELOPMENT PERMIT - Zoel Labrie - 13 Nichols Street Discussion was held on Mr. Labrie's application for a Development Permit to consist of four 3-room apartments, and the Board reviewed the criteria of the Controlled Growth Ordinance and noted that the Planning Board had to conduct a Public Hearing on the application. A suggestion was made by the City Planner that a rule of pro- cedure be passed by the Board stating if all of the requirements were met that a Public Hearing be waived because the Board would be obliged to OK the permit under the • circumstances. After further discussion a motion was made by P. D'Amour, seconded by S. McDermet and unanimously voted that the Planning Board hold a Public Hearing on the application for Development Permit by Zoe] Labrie, 13 Nichols Street, Salem on June 3, 1976, 7:30 P.M. , Third Floor Conference Room, One Salem Green, Salem, Mass. , to be properly advertised in the local newspaper. The Chairman declared the motion carried. A motion was made by P. D'Amour, seconded by W. Power and unanimously voted to request on opinion from the City Solicitor with respect to a change in the rules of procedure in handling all future development permits that meet the point require- ments, allowing the Board to eliminate the need for a Public Hearing. The Chairman declared the motion carried. Mr. Wheaton noted that Mr. Zoe] Labrie was petitioning the Board of Appeal to construct a four unit apartment building at 13 Nichols Street (R-] District) . • Variances are also required for lot area and insufficient front and rear yard setbacks. Mr. Wheaton made a motion to send a letter to the Board of Appeal stating Minutes of the Meeting of May 6, 1976 Page 5 • the Planning Board finds no grounds for this variance under hardship and , in the spirit of the new Chapter 808 laws, a use variance would be illegal and a precedent should be set. A. Burns seconded the motion, it was unanimously voted and the Chairman declared the motion carried. Arthur LeBlanc, representing homeowners in the vicinity of the Wellington Park subdivision appeared before the Board and expressed concern over a right-of- way to Sandy Bay Beach which was deeded to these homeowners. Mr. LeBlanc said he understood the right-of-way was between lots 7 and 8 but that the developer is saying it was moved to lot 4. The Board reviewed plans of the Wellington Park subdivision and it was found that there was an easement between lots 7 and 8 but the right-of-way was on lot 8. Mr. Sadoski told Mr. LeBlanc that the Board had a certificate saying the Plan, showing the drainage easement and right-of- way, had been filed with the • Registry of Deeds. Correspondence that was received at the Planning Board office was reviewed and placed on file. The Board of Appeal agenda for the May 25, 1976 meeting was also reviewed. Abby Burns expressed the Board 's appreciation for the excellent job Chairman Sadoski had done over the past year. A motion to adjourn the meeting at 9:35 P.M. was made by P. D'Amour, seconded by S. McDermet, and unanimously voted. Respectfully submitted, eWL44_, • ,. �i1.1#�1 11{ �211E1i1� �M85MC�LI$E��� m Planning Nvarb (One Oatent Green PLANNING BOARD MEETING OF MAY 6, 1976 AGENDA 1 . Approve Minutes of Special Meeting of April 8, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Approve Minutes of Meeting of April 15, 1976 as copied and mailed to Members for advance reading. Motion Second 3• Rules of Procedure Controlled Growth Ordinance • 4. Development Permit Application Mr. Zoe] Labrie - 13 Nichols Street - 4 three-bedroom apartments 5• Pickman Park Subdivision - discussion 6. Communications A. Commonwealth of Mass. - Handbook B. MAPC - Community Exchange Series C. Swampscott Planning Board - Notice of Public Hearing D. Board of Appeal - Agenda for May 25, 1976 Meeting 7. Adjourn Motion Second • Ctv ltl 22jElll� ttSS�1C��ISE tS ;,,a�" �y �lattUittg �uarl @up Oulctn Green MINUTES OF THE SALEM PLANNING BOARD MEETING HELD THURSDAY, MAY 20, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE -SALEM GREEN, SALEM, MASS. Members Present: Abby Burns, Paul D'Amour, Walter Power, Ted Sadoski , William Wheaton, Staley McDermet Members Absent : Al Rozumek, Ray Sweeney Chairman McDermet opened the meeting at 7:40 P.M. with a quorum present. A motion was made by P. D'Amour, seconded by Abby Burns, and unanimously voted to approve the Minutes of the Meeting of May 6, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. P. D'Amour made a motion, seconded by T. Sadoski to approve the Minutes of the Special Meeting of March 25, 1976 as copied and mailed to Members for advance reading. The motion was unamimously voted and the Chairman declared the motion • carried. FORM A' s Roberto G. Tassinari b Martin L. Chaput - Parcel A, 156 Lafayette Street has 28 ft. of frontage on Lafayette Street, containing 2,548 sq. ft. Parcel B. , 158 Lafayette Street, has 28 ft. of frontage on Lafayette Street, containing 2,548 sq. ft. The Form A was questioned because as presented , neither new lot would have the required frontage, and there was not a building on each of the new lots. A single building, divided by a firewall , straddled the proposed line dividing the two proposed lots. Earl Smith, Esq. , representing the developers, requested to withdraw the applica- tion and said he would contact the City Solicitor for an opinion. A motion was made by P. D'Amour, seconded by T. Sadoski , and unamimously voted that the request for withdrawal be approved. Irene Kadaris - 44 Jefferson Avenue -- Lot El , E2 and C all front on Jefferson Avenue, a public way. Lot 2 is being conveyed from Lot 1 to the owner of Lot C and • combined with Lot C to form one lot containing approximately 5,888 sq.ft. After discussion of this Form A, P.D'Amour made a motion, seconded by B. Wheaton, and unanimously voted to endorse the Form A submitted by Irene Kadaris as Minutes'of Meeting of May 20, 1976 Page 2 • not requiring approval under the Subdivision Control Law. The Chairman declared the motion carried. The Planning Board requested an opinion from the City Solicitor as to whether a Rule of Procedure could be passed on future development permit applications, waiving the Public Hearing if all the required points on the permit application were met. In his letter of May 19th to the Planning Board', Mr. Tinti states that the Controlled Growth Ordinance requires a public hearing in all instances where an applica- tion is for more than three (3) single family residences that are not part of a larger development; therefore, in his opinion, the Planning Board may not adopt a Rule of Procedure to waive a public hearing. Paul D'Amour made a motion that the Planning Board request the Planning Department to prepare a new Master Plan. The motion was seconded by Bill Wheaton, unanimously voted, and the Chairman declared the motion carried. T. Sadoski moved to request the City Auditor to encumber unspent fiscal 1976 Planning Board funds to be used in fiscal 1977 for the purpose of preparing a new Master Plan and for advertising of Public Hearings, required by the existing Controlled Growth Ordinance. The motion was seconded by B. Wheaton, unanimously voted and the Chairman declared the motion carried. A motion was made by T. Sadoski to write a letter to the City Auditor stating that at the May 20th meeting, the Planning Board voted to request the Planning Dept. to prepare a new Master Plan. In addition the Board voted to request that the City Auditor encumber unspent fiscal 1976 Planning Board funds for this purpose and also use these funds for necessary procedures involved with public hearings required by the existing Controlled Growth Ordinance. These encumbered funds would be spent in fiscal 1977 and are required because the expenditures were not anticipated in the • budget request. Copies of the letter should be sent to Mayor Levesque, the City Solicitor, City Planner, and Council Peter Bouley. P. D'Amour seconded the motion and it was voted unanimously. The Chairman declared the motion carried. Minutes.of the Meeting of May 20, 1976. Page 3 • Chairman McDermet discussed Judge Mitchell ' s latest action re Loring Hills Developers Trust ' s subdivision. Mr. Sadoski made a motion to write to the City Solicitor requesting a copy of Judge Mitchell ' s latest decision re Loring Hills Developers Trust, also requesting his legal opinion and advice in writing on the subject. The motion was seconded by B. Wheaton, unanimously voted, and the Chairman declared the motion carried. Discussion was held on the Pickman Park Subdivision. On Saturday, June 5, 1976, at 9:00 A.M. , subject to confirmation with the Conservation Commission, the Board will inspect Pickman Park. Walter Power was appointed liaison regarding all Pickman Park matters. Correspondence received at the Planning Board office was reviewed by the Chairman and Board and placed on file. The meeting adjourned at 9:45 P.M. • Respectfully submitte 4vl • CORRECTED COPY ����a� (�i#� of SS�rletit, �Mssttcl��zse##� (One .4airm (green • m �' � w �F �[�tuttittg �uarl MINUTES OF THE REGULAR MEETING OF THE SALEM PLANNING BOARD HELD THURSDAY, JUNE 3, 1976, 7:51 P.M. , THIRD FLOOR 'CONFERENCE ROOM; ONE SALEM GREEN; 'SALEM,MASS. Members Present : Abby Burns, Paul D'Amour, Walter Power III , Tadius Sadoski , William Wheaton, Staley McDermet Members Absent: Alfred Rozumek, Raymond Sweeney Also Present: Councillor Leonard Cawley, Atty. George Vallis Chairman McDermet opened the meeting at 7:52 P.M. , declaring a quorum present. A motion was made by P. D'Amour, seconded by A. Burns, and unanimously voted to approve the Minutes of the Meeting of April 22, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. Ted Sadoski made a motion, seconded by P. D'Amour, and unanimously voted to approve the Minutes of the Meeting of May 20, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. FORM A'S Salem Redevelopment Authority - Land situated on Central Street to be conveyed by the SRA to North Shore Group Realty Trust. Proposed use of the land is for the construction by the developers of a bank. Atty. Vallis presented the Form A to the Board and said he will also be presenting another Form A. The two Form A' s will cover adjacent parcels, RC16 and RC15A. Mr. Vallis stated that the purpose of these first two Form A's was to consolidate similar, individual lots. The two lots are to be conveyed to the Century North Bank and Trust. Co. On a motion by P. D'Amour, seconded by T. Sadoski , the Board voted unanimously to endorse the Form A, submitted by the SRA for Parcel RC16, as not requiring approval under the Subdivision Control Law. The Chairman declared the motion carried. Salem Redevelopment Authority -Land situated at the corner of Central St. and- Charter St. to be conveyed by the SRA to North Shore Realty - + Trust for construction by the developers of a bank. This Form A covered Parcel RC15-A as noted above. On a motion made by T. Sadoski; Minutes of the Meeting of June 3, 1976 Page 2 • seconded by A. Burns, the Board voted unanimously to endorse the Form A submitted by the SRA for Parcel RC-15A as not requiring approval under the Subdivision Control Law. The Chairman declared the motion carried. Salem Redevelopment Authority - Parcel of land located at the rear of the First Universalist Church having frontage on what was formerly known as Ash Street. Atty. Vallis said this parcel will be sold to Joseph S Joan Boudreau, owners of the Lyceum, to be used as a single family house. (Mr. Vallis left a copy of the deed for the Board's files. ) The easterly boundary is Ash Street, said street now owned by the SRA, eventually to be abandoned as a street. Atty. Vallis said it is shown as an open space easement and when the SRA conveys this property, they want the premises conveyed with a 20' right of way. A motion was made by W. Wheaton, seconded by A. Burns and unanimously voted to endorse the Form A submitted by the SRA for the parcel of land on Ash Street, as not requiring approval under the Subdivision Control Law. The Chairman declared the motion carried. APPLICATION FOR DEVELOPMENT PERMIT Megalopolis Realty Trust, c/o 0. Robert Talbot, Trustee - to build four (4) resi- dential units at 1 Laurent Road. The above Application for Development Permit was reviewed. A motion was made by T. Sadoski , seconded by W. Power that a Public Hearing be held on Thursday, July 1 , 1976 at 7:30 PM. ,Third Floor Conference Room, One Salem Green, so that all interested persons may publicly express their viewpoints on the Application for Development Permit submitted by Megalopolis Realty Trust. Appropriate advertising will be placed in the local newspaper. The motion was unanimously voted and the Chairman declared the motion carried. OLD BUSINESS • With respect to Loring Hills Developers Trust, the City Solicitor has not received a copy of the Finding as yet. As soon as Mr. Tinti does receive it, he will forward a copy to the Board. • Minutes ,of the Meeting of June 3, 1976 Page g 3 • Brian French was contacted with respect to a Wetlands.determination on the Loring Hills area and Mr. French said the Conservation Commission will go ahead and make a determination on the property. Saturday morning, June 5, 1976 at 9:00 A.M. , Board Members will meet with the Conservation Commission to walk the property at Pickman Park. Subsequently, a meeting will be arranged with Atty. Beatrice. The Chairman read a letter received from the City Planner in which Mr. Senko states $10,000 of fiscal 1977 C.D. funds have been set aside for the purpose of updating the city' s Master Plan and that an application for a grant of $5,000 has been submitted to the Mass. Historical Commission. Final notification on this grant should be received by June 10, 1976 and Mr. Senko felt he would be prepared to pre- sent a time schedule at the next meeting of the Board. The Planning Board' s annual dinner is to be held Monday, June 28, 1976 at 1� the Bancroft House. A motion was made by T. Sadoski , seconded by A. Burns, and unanimously voted to approve payment of $42.25 to the Salem News for the first advertising of the Public Hearing for Z. Labrie' s Application for Development Permit. The Chairman declared the motion carried. NEW BUSINESS Discussion was held on the Application for Development Permit submitted by Zoel Labrie to build four (4) three-room apartments in one remodeled structure at 13 Nichols Street. A motion was made by W. Power, seconded by W.Wheaton, and unanimously voted to approve Zoel Labrie' s Application for Development Permit as having met all of the development criteria. The Chairman declared the motion carried. In his letter of June 3, 1976 Mayor Levesque informed the Board that the • Pickering Wharf property had been sold to the Heritage Trust for the purpose of developing a $2,000,000 retail-residential complex. A copy of the agreement was Minutes 'of the Meeting of June 3, 1976 Page 4 • r attached and the Mayor called the Board' s attention to Section 13 which stated that the Agreement is contingent upon a Zoning change covering said property from a B-4 to a B-5 zoning district. Mayor Levesque enclosed an amendment to the zoning ordinance which would change the existing B-4 zone to a B-5 zone and asked that the Board review and act upon' same, in accordance with applicable rules and regula- tions, and also requested the Board to work closely with the City Council and give consideration to the possibility of conducting a joint public hearing on the zoning amendment. A motion was made by T. Sadoski , seconded by W. Power, and unanimously voted to request the City Planner to act for the Board, in concurrence with the Chairman of the Planning Board, including writing to the City Council , to arrange for a joint public hearing and otherwise expedite the Mayor' s request to rezone the Pickering property. The Chairman declared the motion carried. Board of Appeal Agendas for Meetings of June 15th and June 22, 1976 were re- viewed and on several of the petitions it was the consensus of the Board that letters should be sent to the Appeals Board, recommending denial of the petitions. Mr. Wheaton advised he would do so. Correspondence received at the office was reviewed and placed on file. A motion was made by W. Power, seconded by W. Wheaton, and unanimously voted to adjourn the meeting at 10: 15 P.M. Respectfully submitted L�C� (1�it� of �cnlent, �tt�sttcl��z�E##s .s �ufl s Ont Oatem (6LPPri MINUTES OF THE PUBLIC HEARING OF THE SALEM PLANNING BOARD HELD June 3, 1976, THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, 7:30 P.M. RE APPLICATION FOR A DEVELOPMENT PERMIT SUBMITTED BY ZOEL LABRIE Members present: Abby Burns, Paul D'Amour, Walter Power III , Tadius Sadoski , William Wheaton, Staley McDermet Members absent: Alfred Rozumek, Raymond Sweeney The Public Hearing was called to order at 7:35 P.M. by Chairman McDermet. The Board recommended that the reading of the Notice of the Public Hearing, as it appeared in the Salem Evening News, be waived. • Attorney Tully, representing Mr. Labrie, addressed the Board. He said that Mr. Labrie resides at 2 Albion Street in Salem and owns a piece of adjoining property on which he would like to build a four-room apartment house. Mr. Labrie does not have a variance from the Appeals Board. He applied for a variance and as yet, Attorney Tully said he did not know what the result was; a newspaper article said Mr. Labrie had been denied, but Attorney Tully said he checked with City Hall. and found they don' t have a decision as yet. The Attorney also said that Mr. Labrie meets all of the development points. The Chairman asked if anyone present wished to speak for the pevi.E:ioner. There being no answer, the Chairman asked if anyone present wished to speak against. There being no one present to speak against the application, the Chairman declared the Public Hearing closed at 7:51 P.M. Respectfully submitted, a ` Ctv of tt�Ctll� MbSMCI�USt? t8 w �1tIttlliltg �Dat'l (Otte Ottleat (At¢P[t SALEM PLANNING BOARD MEETING JUNE 3, 1976 AGENDA 1 . Approve Minutes of the Special Meeting of April 22, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Approve Minutes of the Meeting of May 20, 1976 as copied and mailed to Members for advance reading. Motion Second 3. FORM A' S a. Salem Redevelopment Authority - rear of Bridge formerly known as as Ash St. b. Salem Redevelopment Authority - Central Street c. Salem Redevelopment Authority - Central and Charter Streets • 4. Application for Development Permit - Megalopolis Real'ty.'Trust 5• OLD BUSINESS a. Loring Hills Developers Trust (1 ) Opinion and decision by City Solicitor (2) Request by Conservation Commission for a wetlands determination b. Pickman Park (1 ) Tour of the property - has it been confirmed (2) Has the Board received any communication from the developer c. Timetable for the Master Plan as requested from the City Planner d. Finalization of Annual Dinner on June 28, 1976 e. Accounts Payable - Salem Evening News - 1st advertising of Public Hearing for Zoel Labrie $42.25 Motion Second • Page 2 • 6. NEW BUSINESS a. B-5 Zoning Change 7. Correspondence 8. Adjourn Motion Second • � m - Ctu of ; '.�� `` : s �l�ttutitta marl MINUTES OF THE REGULAR MEETING OF THE SALEM PLANNING BOARD HELD THURSDAY, JUNE 17, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASS. Members Present: Abby Burns, Paul D'Amour, Walter Power III , Tadius Sadoski , William Wheaton', Staley McDermet Members Absent: Alfred Rozumek, Raymond Sweeney Also Present: W. Gregory Senko, City Planner Chairman McDermet opened the meeting at 7:45 P.M. declaring a quorum present. On a motion made by P. D'Amour and seconded by A. Burns, the Board voted unanimously to approve the minutes of the Public Hearing of June 3, 1976, for the purpose of reviewing the Application for Development Permit, submitted by Zoel Labrie, as copied and mailed to Members for advance reading. The Chairman declared • the motion carried. After review of the Minutes of the Regular Meeting of June 3 , 1976, the Chairman noted a correction on Page 1 , under the first Form A. submitted by the Salem Re- development Authority, and requested the Clerk to correct the Minutes. A motion was made by P. D'Amour, seconded by T. Sadoski , and unanimously voted to approve the Minutes of the Meeting of June 3, 1976, as-corrected. The Chairman declared the motion carried. OLD BUSINESS Last week a sub-committee session was held on the Pickman Park Subdivision, at which Brian French was present, to try to get general overall guide lines. A number of items were covered to try to come to some unanimity in the Board ' s approach to the Developer. The land was viewed in two parts -- (1 ) concern with with conservation, and (2) concern for the other section of land with regard to • impact on the surrounding neighborhood . Overall , the Board is concerned with traffic in the Loring Avenue and surrounding areas and also in relation to con- Minutes of the Meeting of June 17, 1976 Page 2 touring of the whole site. Mr. French made the suggestion that the Board • request that an architect be present on the site to follow the construction. Board Members suggested that if convenient with Atty. Beatrice a Special Meeting be held Tuesday, June 22, 1976, 8:00 P.M. , Second Floor Conference Room, One Salem Green for the purpose of discussing the Pickman Park Subdivision. A Public Hearing will be held July 1 , 1976 at 7:30 P.M. for the purpose of reviewing the Application for Development Permit submitted by Megalopolis Realty Trust. Mr. Senko distributed a timetable to the Members and tried to break down what each of the Staff members of the Planning Department will be responsible for in the areas of Community Development and Planning for the next 6 month - one year period. Mr. Senko said he spoke with the Mayor with relation to the money that is left in the Planning Board budget and asked if the money could be encumbered. Mayor Levesque stated that if the Planning Department did not get the grant application they applied • for he would look favorably on this request but that action would have to be taken between now and July 1st. Mr. Senko stated that in the old Master Plan the Central Business District was broken up into two sections - Heritage Plaza-East and West. In order to do the planning for Heritage Plaza-West, it would probably be necessary to bring a firm in to help on this. The City Planner requested the Planning Board to encumber the money remaining in their budget for this purpose and said the Planning Department has the flexibility of using some of the Community Development 1977 funds (probably $5,000) also for this purpose. Chairman McDermet said his major concern is the updating of the Master Plan in relation to zoning and 'land use for the City. Other members also expressed the opinion that the encumbered funds should be used to serve a more general purpose and very definitely in the existing land use studies. Mr. McDermet felt that what . the Board wanted as an end result was the most advantageous land use for the City and what could be done to best reach that objective. Further discussion was held relative to interviewing consultants for this existing land use analysis, requesting Minutes of the Meeting of June 17, 1976 Page 3 • proposals, setting a time limit of 3 months in which they would have to prepare a document. The members felt this would be a backdrop to use as a basis for encumbering the funds. A motion was made by T. Sadoski , seconded by A. Burns, and unanimously voted that the City Planner, with the Chairman of the Planning Board, proceed to interview and decide upon consultants to do the land use analysis for the Master Plan and the zoning changes which will be undertaken. The Chairman declared the motion carried. A motion was made by P. D'Amour and seconded by W. Wheaton to approve payment of $39.00 to the Salem News for the second advertising of the Public Hearing for Zoel Labrie. The motion was voted unanimously and the Chairman declared the motion carried. NEW BUSINESS The Chairman read a letter received from Dr. M: Vorgeas in which he requested • an amendment to the Zoning Ordinance with relation to the word "trailer". Dr. Vorgeas operates a food trailer and has not been able to obtain a permit for same. He has talked to the City Solicitor and Mr. Tinti stated an amendment could be initiated. The suggested change is as follows with additions or deletions as required: "4. Occupancy of a trailer for business purposes within the City of Salem shall be allowed upon the obtaining of a Special Permit for this purpose from the Inspector of Building prior to such occupancy." Because of the time involved in such an amendment, Dr. Vorgeas requested that some emergency permission or consideration be granted. After discussion, a motion was made by W. Wheaton, seconded by W. Power and unanimously voted that a letter be drafted to Dr. Vorgeas which says in effect that it is beyond the power of the Planning Board to grant any kind of temporary exemption from the City's existing zoning ordinance. The Chairman declared the motion carried. The City Planner is to write the letter to Dr. Vorgeas. • Minutes of the Meeting of June 17, 1976 Page 4 Correspondence received at the office was reviewed and placed on file. • A motion was made by W. Wheaton, seconded by A. Burns and unanimously voted to adjourn the meeting at 9:30 P.M. Respectfully submitted, ' • • CUP of ��leut, ��Mssttcl#use##s ;r •ti, f ,s �Iattttittg ,�uarl (OnP lOttlent (Aura SALEM PLANNING BOARD MEETING JUNE 17, 1976 AGENDA 1 . Approve Minutes of the Public Hearing held June 3, 1976 re Application for a Development Permit submitted by Zoe] Labrie as copied and mailed to Members for advance reading. Motion Second 2. Approve Minutes of the Meeting of June 3, 1976 as copied and mailed to Members for advance reading. Motion Second 3• Old Business a. Timetable for the Master Plan as requested from the City Planner b. Loring Hills Developers Trust - Decision and opinion from City Solicitor • c. Pickman Park - review of Subcommittee meeting d. Megalopolas' Development Hearing - reminder there is to be a Public Hearing on July 1 , 1976 e. Conf:irma'tion of Annual Dinner arrangements f. Accounts Payable - Salem Evening News - 2nd advertising of Public Hearing for Zoe] Labrie $39.00 4. New Business a. Suggested amendment to Ordinance and/or permission to operate as a mobile food service in Salem by Dr. Miltiades Vorgeas 5• Correspondence 6. Adjourn Motion Second • ,sIa1t11ittg marl Ctv 11f RO�unh' �I1P �FIlP1ri �fPPri MINUTES OF THE SALEM PLANNING BOARD MEETING HELD JULY 1 , 1976, 7:46 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASSACHUSETTS Members Present: A. Burns, P. D'Amour, W. Power, T. Sadoski , W. Wheaton, S. McDermet Members Absent : A. Rozumek, R. Sweeney The regular meeting of the Salem Planning Board opened at 7:46 P.M. , immediately following the Public Hearing. The Chairman declared a quorum present and the meeting in session. OLD BUSINESS Land Use Inventory - The Chairman brought the members up-to-date on the hiring of a consultant to do a Land Use Inventory. Mr. McDermet advised that the Conservation • Commission has hired a consultant to do the floodplain mapping and the City Planner and he contacted some of the people the Conservation Commission contacted, plus other recommendations. The decision was made to hire two consultants : Dr. Long, who is doing the mapping for the Conservation Commission, will be hired to do that portion of the inventory, and Mr. Charles Downe, who was hired to do the bulk of the work. Mr. McDermet reviewed Mr. Downe' s contract with the Members and said he will be paid $7,500. It was also noted that Mr. Downe has done a lot of land use work in the area. Pickering Parcel - There will be a joint Public Hearing by the Salem City Council and the Salem Planning Board on the Petition for Amendments to the Salem Zoning Ordinance. The Hearing will be held in the City Hall Council Chamber, 93 Washington Street, at 7:30 P.M. sharp, on Thursday, July 15, 1976• Loring Hills Developers Trust - Mr. McDermet advised the Members that the City Solicitor has forwarded a copy of Judge Mitchell ' s Amended Judgment. The Board reviewed • the Judgment and noted Mr. Tinti ' s comment that no further action was anticipated until such time as the Appeal is decided. i _ 1 Minutes of the Meeting of July 1 , 1976 Page 2 rickman Park Subdivision - Mr. Power told the Members there has been no further r� •� action on Pickman Park. NEW BUSINESS Members reviewed the accounts payable. A motion was made by W. Wheaton, seconded by A. Burns and unanimously voted to approve payment of $39.00 to the Salem Evening News for the first advertising of the Public Hearing for Megalopolis Realty. The Chairman declared the motion carried. A motion was made by P. D'Amour, seconded by T. Sadoski and unanimously voted to approve payment of $50.00 to the Massachusetts Federation of Planning Boards, Inc. for membership dues for the period 7/1/76 to 6/30/77. The Chairman declared the motion .carried. Correspondence received at the Planning Board office was reviewed and placed on file. Members agreed that a second Planning Board meeting would be held July 15, 1976, • immediately following the Joint Hearing of the City Council and the Board re rezoning the Pickering site. This meeting will be held at the Third Floor Conference Room, One Salem Green. Board of Appeal Agenda - The Agenda for the July 8, 1976 meeting of the Board of Appeal was discussed. It was the consensus of the Members that letters should be written to Chairman Gray recommending that the petitions of Uda W. Salomon, Gift Pharmacies, Jam-Bru, Inc. , and Roberto G. Tassinari and Martin L. Chaput be denied. Mr. Wheaton advised he would write the letters. Megalopolis Realty - Discussion was held on the Application for Development Permit submitted by Megalopolis Realty. A motion was made by T. Sadoski , seconded by P. D'Amour, and unanimously voted that the applicant be notified that his application, having met all of the development criteria, is granted. The Chairman declared the motion carried. • • Minut q of the Meeting of July 1 , 1976 Page 3 �.J •' Discussion was held re expenses incurred in advertising and the notification of abutters for Public Hearings for applications for development permits. Board members recommended checking with the Board of Appeal to find out how they handle the matter. A motion was made by T. Sadoski , seconded by P. D'Amour, and unanimously voted that the Chairman investigate how other Boards handle the payment of these costs. Also that a proposal be prepared by the Chairman, recommending to the City Council that the Controlled Growth Ordinance should be amended to allow the Planning Board to charge the applicant for the costs incurred in holding a Public Hearing. The Chairman declared the motion carried. A motion was made by P. D'Amour, seconded by W. Power, and unanimously voted to adjourn the meeting at 9:20 P.M. Respectfully submitted, • �• ' " "' � �Iattuing �Dartl OaPlgialPal (grren SALEM PLANNING BOARD MEETING JULY 1 , 1976 AGENDA 1 . Old Business A. Land Use Inventory B. Pickering Parcel - July 15, 1976 Joint Public Hearing C. Loring Hills - Decision and Opinion by W. J. Tinti , City Solicitor D. Pickman Park 2. New Business A. Accounts Payable • (1) Salem Evening News - First advertising for Megalopolis Realty Trust' s Public Hearing $39.00 (2) Mass. Federation of Planning Board - Membership Dues - 7/1/76 - 6/30/77 50.00 B. Correspondence C. Board of Appeal (1 ) Agenda for July 8, 1976 (2) Decisions 3. Adjourn Motion Second • 4 Ctg of �Sttle>I>l, � ��ssMcl��tse##s n X 3 �s Planning ,Roarb ,sem"��`� �ttP �FIIP1ri (�fPPri MINUTES OF THE SALEM PLANNING BOARD PUBLIC HEARING ON MEGALOPOLIS TRUST'S APPLICATION FOR A DEVELOPMENT PERMIT HELD THURSDAY, JULY 1 , 1976, 7:30 P.M. , ONE SALEM GREEN, SALEM, MASS. Members Present : A. Burns, P. D'Amour, W. Power, T. Sadoski , W. Wheaton, S. McDermet Members Absent: A. Rozumek, R. Sweeney The Chairman called the Hearing to order at 7:30 P.M. declaring a quorum present. Mr. McDermet explained that the Hearing was called so that the public could express their viewpoints on the Application for Development Permit submitted by Megalopolis Trust to build four residential units at 1 Laurent Road. The Board unanimously agreed to waive the reading of the advertisement as it appeared in the local newspaper. Mr. Talbot spoke in favor of the Application, representing the developer. He exhibited plans to the Board which showed three buildings already constructed . Mr. Talbot said the building for which the Application was submitted was the last one to be put up and would contain four residential units. When questioned he explained there was area for parking. He also said they had gone to the Board of Appeal two years ago for a variance which was granted because of lack of footage. The developer has put in sewerage which received approval from the State. Mr. McDermet advised that the Application had 13 points and met all of the development criteria. The Chairman asked if there was anyone present to speak against the application. No one answered; Mr. McDermet thanked Mr. Talbot for appearing and declared the Public Hearing closed at 7:45 P.M. Respectfully submitted, RJ�� of Salent, AnsetzdjusE#ts ,s��uv.4va'` �tiP 3�F1IPIri �LPPtt MINUTES OF THE SALEM PLANNING BOARD MEETING HELD THURSDAY, AUGUST 5, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASS. MEMBERS PRESENT: A. Burns, P. D'Amour, B. O' Keefe, W. Power, T. Sadoski , W. Wheaton, S. McDermet MEMBER ABSENT: R. Sweeney Chairman McDermet called the meeting to order with a quorum present at 7:30 P.M. A motion was made by T. Sadoski , seconded by A. Burns, and unanimously voted to approve the Minutes of the Meeting of June 17, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. T. Sadoski moved to accept the Minutes of the Meeting of July 1 , 1976 as copied and mailed to Members for advance reading. The motion was seconded by A. Burns , • unanimously voted and the Chairman declared the motion carried. A motion was made by T. Sadoski , seconded by P. D'Amour, and unanimously voted to accept the Minutes of the Public Hearing held on July 1 , 1976 re Application for Development Permit submitted by Megalopolos Realty Trust. The Chairman declared the motion carried. The Accounts Payable List was presented to Members for their review. A motion was made by P. D'Amour to approve payment of $1 ,995.00 to Charles E. Downe, for the Planning Board's share of paymeht for a Land Use Inventory, and the Mass. Federation of Planning Boards' bill for membership dues for the period 7/1/76-6/30/77 in the amount of $50.00. The motion was seconded by W. Wheaton, unanimously voted and the Chairman declared the motion carried. Chairman McDermet noted the City Auditor has advised that a majority of Members of a Board must sign the Schedule of Bills Payable before it can be submitted for payment. s Minutes of the Meeting of August 5, 1976 Page 2 • FORM A John J. Connolly, Jr. - 180 Federal Street - Lot A and B are being joined by this request leaving the remaining Lot C Mr. Connolly was present to explain what he intended to do. There is a house in the front and a house in the rear and he would like to use a right of way to provide parking for these houses on Lot C. The change would be to convey land from one existing lot to another lot to provide parking spaces. A motion was made by W. Wheaton , seconded by A. Burns and unanimously voted to endorse the Form A as not requiring approval under the Subdivision Control Law. The Chairman declared the motion carried. PETITION FOR REZONING NORTHEY STREET Chairman McDermet read a petition submitted by Nicola A. Barletta, representing Mrs. Mary A. Morgan, to rezone an area on the westerly side of Northey Street from Industrial use to Two-Family Residential . The letter also requested an appointment to appear before the Planning Board to discuss this petition. Mr. Sadoski was of the opinion that under the new Chapter 808 all petitions were to be submitted to the City Council first, who then would submit it to the Planning Board. After some discussion, a recommendation was made that a letter be sent to the petitioners suggesting they appear at the next Planning Board meeting, recommend- ing they contact the City Solicitor in the meantime to determine what legal steps are actually necessary. Also that the petitioner be advised that this submission of the petition to the Planning Board should not be considered as the date of the application. A motion was made by P. D'Amour that the Planning Board send a letter to the petitioner, requesting his presence at the next Planning Board meeting, Thursday, August 19, 1976, to explain his petition for rezoning. The motion was seconded • by Bill Wheaton, unanimously voted , and the Chairman declared the motion carried. Minutes of the Meeting of August 5, 1976 Page 3 • OLD BUSINESS Rezoning of the Pickering Property -- Chairman McDermet advised that a letter had been received from David Lash of the Planning Department regarding property rights of the Salem Marine Basin. After rechecking the deed and lease associated with the above enterprise, it was found that land and slips on the Derby St. side of the South River utilized in the operation of the Salem Marine Basin were purchased by R. DeMambro and J. Femino in September, 1954 and that they are the current owners. The City-owned dock and slips on the Shetland Park side of the river were leased to Salem Marine Basin in 1971 for five years with a tenant option of renewal for an additional five years. Messrs. DeMambro and Femino exercised that option this year which extends their tenancy until 1981 . Chairman McDermet noted that three questions remained after the Public Hearing of July 15, 1976: the request by the Naumkeag Trust Co. that their parcel , • Hawthorne Garage, be excluded in the rezoning; the question of ownership of the Salem Marine Basin; and the question of the public way to the Russian Club. The letter received from David Lash clarifies the question of ownership of the Salem Marine Basin. With reference to the Russian Club, Union Street is a public way and will continue to remain a public way. Wharf Street lies under the existing Pickering building. No further communications have been received from the representa- tive of the Russian Club. The only remaining question is the Naumkeag Trust Co. property. The Chairman recognized Mr. Senko, City Planner, who stated that when finaliza- tion of negotiations took place, the City of Salem said they would do their best to rezone the property. When the Planning Department prepared the Ordinance that would go to the Council , the property was reviewed and the Department felt it would be appropriate at that time to include all of this property in the rezoning. Mr. Senko • said Attys. Lunder,gan and Serafini were present tonight to present their views and, if they had strong feelings that their parcels should not be included, then the Minutes of the Meeting of August 5, 1976 Page 4 • City Planner said he felt the Planning Board should accept their recommendations and exclude them from the rezoning. Brian O' Keefe asked if Mr. Senko felt B-5 zoning was the proper zoning for that area now and Mr. Senko replied the rezoning of the Pickering site would be B-5• However, he said if you look at the Salem Marine Basin, Naumkeag Drive- In Bank and the Hawthorne Garage, it makes their current operations a pre-existing use and would cause them economic hardship. Atty. Lundergan, representing Naumkeag Trust, addressed the Board and said he felt everything they wanted to say was said at the Publi.c Hearing. After talking with his client, Atty. Lundergan said they wanted to be excluded from the rezoning. Mr. Lundergan indicated he talked to Mr. Collins, one of the owners of the Pickering property, and explained the bank' s position to him. Mr. Collins told Mr. Lundergan he had no objections to the bank's being excluded from the rezoning. When asked • if there was any discussion re the bank selling the property to the Pickering developers, Atty. Lundergan said there was no such discussion at this time, but if the developers were interested in the property and the bank's commitments there ceased and the right offer was made, the bank might consider selling in the future. Atty. Lundergan advised he had informed the bank they own 20% of the land to be rezoned, and if the Planning Board recommended that the bank property be included in the rezoning, Atty. Lundergan would file an objection with the City Clerk. This would make the criteria of passage by the Council Council go from a 2/3 to 3/4 vote of the Council . With further reference to the vote requirements of the Council , Chairman McDermet asked if the Planning Board were to recommend that the entire parcel be rezoned to B-5 as shown on the map and an objection was filed and the criteria for passage changed from a 2/3 to 3/4 vote of the Council , and then the Council excluded the property from the rezoning, would the criteria for • passage be a 2/3's vote. Atty. Lundergan stated it would remain a 3/4 vote of the Council unless the objection was withdrawn. r Minutes of the Meeting of August 5, 1976 Page 5 • Atty. Serafini , representing the Salem Marine Basin, addressed the Board and said their feeling was that B-5 zoning would exclude sales and service of boats from their operation which represents 60% of their business and provides work for them for eight months of the year. Discussion was held on creating a new waterfront category of zoning, B-6, which would include the sale and repairing of boats, but it was noted tha.t it would not be suitable at this time to follow such a course because of the time restraints the Planning Board had to work with at this time. Chairman McDermet explained that the Planning Board has twenty days following the Public Hearing to make recommenda- tions to the City Council . After the twenty days has elapsed, the City Council may act without the Planning Board' s recommendation. The next Council meeting is August 12, 1976 and the Planning Board has to act tonight if they want an opinion registered. • Mr. Sadoski said that at the time of the Public Hearing he felt it was almost a necessity for the entire area to be rezoned to B-5 but that his attitude had changed tonight after listening to the objections of the Naumkeag Trust and Salem Marine Basin. Mr. Sadoski felt that the area should be rezoned excluding the Bank property and the Salem Marine Basin. Paul D'Amour and Walter Power concurred but Mr. Power said he would like to start working on waterfront zoning. Bill Wheaton stated he was opposed to the exclusion of the two properties. Brian O'Keefe said it seemed logical to him that if you were to create new zoning, you should change the whole area. Mr. O' Keefe felt the bank and marina would be well protected by the grandfather clause. Mr. Power said he felt the City has to be concerned about increased development but that the City still had a responsibility to present owners of businesses. After further discussion Brian O' Keefe made a motion, seconded by A. Burns, • that the entire parcel be zoned B-5 as originally proposed by the Planning Board. The following voted "Aye": B. O' Keefe, A. Burns, S. McDermet. Minutes of the Meeting of August 5, 1976 Page 6 • The following voted "Opposed": P. D'Amour, W. Wheaton, T. Sadoski , W. Power. The Chairman declared the motion had failed. A motion was made by T. Sadoski , seconded by W. Power, that the Planning Board make the recommendation to the City Council that the parcel as shown on the revised Ordinance, furnished by the Planning Dept. and herewith submitted, be rezoned to a B-5 district. The following voted "Aye" : B. O'Keefe, S. McDermet, P. D'Amour, W. Wheaton, T. Sadoski , W. Power. A. Burns voted "Opposed". The Chairman declared the motion carried. Land Use Inventory Mr. Senko advised that Mr. Downe, the consultant doing the Land Use Inventory, is presently coding the assessor's maps and the Planning Dept. would like to allow • Mr. Downe another month to finish these maps before appearing to make recommenda- tions to the Board. Mr. Senko felt Mr. Downe would be ready to make his recommenda- tions at the September 2nd meeting of the Planning Board. Mr. Senko recommended that members of the Zoning Up-Date Committee also be present at that meeting. Pickman Park W. Power gave a Sub-Committee report on Pickman Park and exhibited a plan that was originally submitted at the first meeting. A second meeting was held July 27, 1976 at which an overlay was submitted which changed Phase I and II . Representatives of the Conservation Commission were also present at this meeting to make recommendations. After further discussion Mr. Power informed Members that another Sub-Committee meeting is scheduled for Monday, August 16, 1976. Then the developers will make their general presentation to the Board at the August 19, 1976 Planning Board meeting. • CORRECTED COPY Minutes of the Meeting of August 5, 1976 Page 7 NEW BUSINESS • Section 701 Urban Planning Assistance Funds Mr. Senko distributed to Members a copy of "Consulting Services b Budget" prepared by the Planning Dept. , showing where Community Development money was committed. The City Planner asked for the Board's help in getting the various projects accomplished. Note was made that $2,000 of Fiscal 1976 PB' s funds has been committed to Mr. Downe for the Land Use Inventory, the remaining $5,500 to be paid by CD. In 1967 the Planning Dept. made application under the 701 Planning Program to get Planning Assistance Funds. The 701 Program was a 50/50 matching program and the project was a $22,000 Planning Board Assistance Project. The City Council approved $11 ,000 and since 1967 the $11 ,000 has been carried from year to year and has never been taken off the books. Mr. Senko said he would like the Board' s support to transfer these funds to two studies: Heritage Plaza-West and the Cityscale Collins Cove project. Bill Versaci of the Planning Dept. was responsible for making both of these applications - Heritage Plaza-West was made to the National Trust of Historic Preservation and the Dept. has had preliminary word they will get this grant. The application for the Cityscale project was made to the National Endowment of the Arts and word has been received that the Dept. will receive this grant also. Both projects are matching grants and the City Planner said he would like to apply $5,000 to the Heritage Plaza-West project and $6,000 to the Cityscale project -- therefore the request for the transfer of the 701 funds. Mr. Sadoski said he felt he would like to see a map prepared by the Planning Dept. showing stages and steps in developing the Master Plan. He questioned whether Heritage Plaza-West was the most desirable program to be pursued for the general improvement of the City. Mr. Wheaton concurred with Mr. Sadoski and said he felt a major effort on a waterfront study might have the same priority as Heritage • Plaza-West. He felt he would like to see a study made of the waterfront on the whole North Shore as this would be something that would benefit the whole community and bring additional money to the City. i Minutes of the Meeting of August 5, 1976 Page 8 Members felt these 701 funds may have to be used for the Master Plan and said they would like to see a table of the Master Plan to determine if this would be the case. Members recommended. that Mr. Senko ask the City Council for matching funds for these grants. Mr. Senko said he would prepare a flow chart for the Board's review. Loring Hills Developers Trust Chairman McDermet presented each member with a copy of the Appeal of the Salem Planning Board v. Loring Hills Developers Trust. Mr. McDermet also read a letter received from the City Solicitor in which he requested the Board to pay the printing costs of the Appendix, Transcript and Brief, the bills amounting to $2,225.95• A motion was made by W. Power, seconded by A. Burns, and unanimously voted that the Planning Board approve payment of $2,225.95 to Addison C. Getchell b Son, Inc. for printing costs incurred with respect to the Appeal to the Supreme Judicial Court re Loring Hills. The Chairman declared the motion carried. Correspondence received at the Planning Board office was reviewed and placed on file. A motion was made by B. O' Keefe, seconded by T. Sadoski , and unanimously voted that the meeting stands adjourned at 11 :20 P.M. Respectfully submitted, / ' • Ctv of $a1etn, 4mttssac4use##s V[atutiiig Naarb Onp Oulp t (grun PLANNING BOARD MEETING - AUGUST 5, 1976 AGENDA 1 . Approve Minutes of Meeting of June 17, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Approve Minutes of Meeting of July 1 , 1976 as copied and mailed to Members for advance reading. Motion Second 3. Approve and sign Schedule of Bills Payable dated August 5, 1976 (it now requires the signatures of majority of Board Members) : Charles E. Downe $1 ,995.00 Mass. Federation of Planning Bds. 50.00 2,0 .00 • Motion Second 4. FORM A John J. Connelly, Jr. - 180 Federal Street - Combine Lot A E B, leaving the remainder of Lot C 5. Petition for rezoning of Northey Street 6. OLD BUSINESS a. Committee report on Pickman Park b. Pickering parcel and rezoning c. Charles Downe - progress report 7. NEW BUSINESS a. Section 701 - UR Assistance Funds - $11 ,000 b. Loring Hills Developers Trust (1 ) Copies of Appeal (2) City Solicitor's submission of printing bills for Appendix, Brief and Transcript of Appeal c. Annual Report • 8. Correspondence 9• Adjourn Motion Second Ctv ilf Sttlenr, tt�s�rcl�rxse##s `� � �12Itutitta �IIartl MINUTES OF THE SALEM PLANNING BOARD MEETING HELD AUGUST 19, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASSACHUSETTS Members Present : Abby Burns, Paul D'Amour, Brian O' Keefe, Walter Power, Ted Sadoski , Staley McDermet Members Absent: Ray Sweeney, William Wheaton The Chairman declared a quorum present and the meeting in session. After review of the Minutes of the Joint City Council - Planning Board Public Hearing of July 15, 1976, re the Pickering rezoning, and subsequent Meeting of the Planning Board, a correction was noted on Page 1 . Ted Sadoski moved that the Minutes of the Public Hearing and Meeting of July 15, 1976 be approved, as modified. The motion was seconded by A. Burns, unanimously voted, and the Chairman declared the motion carried. The Minutes of the Meeting of August 5, 1976 were reviewed and a correction noted on Page 7. A motion was made by T. Sadoski , seconded by P. D'Amour and unanimously voted to approve the Minutes of the Meeting of August 5, 1976, as modified. The Chairman declared the motion carried. ODD BUSINESS Petition for Rezoning Northey Street - Ruth Morgan, representing the petitioner, Mrs. Mary Morgan, addressed the Board and explained they were seeking to rezone the westerly side of Northey Street from Industrial use to Two-family Residential . This side of Northey Street was zoned Industrial as part of a zoning package in 1969. In January of 1976 Peter Rice requested variances from the Board of Appeal for parking and land area requirements for the three structures on the lot at 15 Northey Street. • Mr. Rice had a purchase and sales agreement for the parcel if the variances were allowed: He wished to change the one-family house to a two-family; use the building which had been used for a ceramics shop to a woodworking shop and storage area; and use the third building for an automobile repair shop. The Board of Appeal voted to Mjnutes of the Meeting of August 19, 1976, Page 2 • grant the petition with the elimination of the apartment on the second floor of Building B. Miss Morgan said they took the case to Court for an appeal and since then Mr. Rice has withdrawn from purchasing the property. Miss Morgan stated they still wanted the zoning changed. Chairman McDermet advised that the petition was sent to the City Council August 9th, discussed at the Council meeting, and returned to the Board by the Acting City Clerk on August 12th. A joint City Council - Planning Board Public Hearing will have to be held regarding the petition for rezoning. The Chairman said he would contact the Council President to arrange a mutually satisfactory hearing date and he would also contact the City Planner to request that the boundaries and wording of the petition be checked to make sure it will be acceptable. for a zoning ordinance. Mr. McDermet thanked Miss Morgan for appearing before the Board and said he would be in touch with her in a week or so. Pickman Park Subdivision • Atty. Beatrice, Mr. Carter and John Emerson were present at the meeting. Mr. Emerson, architect for the developer, exhibited maps showing the progression of plans and reviewed changes that were made at the request of the sub-committee. Mr. Emerson said the subdivision will. be divided into 3 parcels -- Parcel A - to be higher density, multi-family; Parcel B - lower density, multi-family; Parcel C - duplex. The traffic pattern was explained and Mr. Emerson said every effort would be made to minimize the traffic impact on the residential area. Mr. Emerson said many things were discussed at the sub-committee meetings -- the dredging of the area where there is a seasonal pond to allow the same storage capacity to exist as there is presently; to maintain a cluster approach and maximize flow of open space through and around the project ; minimize the asphalting of surfaces; maximize the retention of natural features; and generally try to maintain an identity of the development, sufficiently buffered so as not to affect the existing area. Mr. Emerson also showed the Members the area the • developer is willing to donate to the Conservation Commission. He went on to explain that Parcel C would be a low density area and the developer would try to make it as private as possible. There would be a private way into this area maintained by the AMENDED Minutes of the Meeting of August 19, 1976 Page 3 • developer and the City would incur no expenses beyond the pillared entrances. When questioned as to the number of units, Mr. Emerson said Parcel A would have 205, Parcel B - 120, and Parcel C - 100. Parcels A b B would have one owner, Parcel C would be owned by individuals within a condominium type ownership. It was the consensus of the Members that they were satisfied to date. The Board recommended that the sub-committee hold another meeting with Atty. Beatrice Tuesday, August 31 , 1976 at 7:30 P.M. , and that the City Solicitor, City Engineer, Fire Chief, and Acting Deputy Marshall. be invited to attend as there were many details to be discussed. Master Plan - 701 Funds Mr. Senko distributed copies of a flow chart listing certain phases of the Master Plan and when completion could be expected. June of 1977 would be the target date of the first draft of the Master Plan. Mr. Senko said he was still looking for • $11 ,000 for matching grants for projects but at this time would like the Board to approve the transfer of $5,000 from the 701 Fund to match against the Heritage Plaza- West grant -- $2,500 from National Trust and $2,500 from East of the Palisades. The present commitment from East of the Palisades is $1 ,000, but Mr. Senko felt assured they would approve the additional $1 ,500. After discussion Mr. Sadoski made a motion to endorse the transfer of $5,000 from the 701 - Urban Planning Assistance Funds to be used to match the $2,500 grant from the National Trust and $2,500 from East of the Palisades. The motion was seconded by W. Power. Mr. O' Keefe made a motion to amend the motion to say that in the event East of the Palisades did not approve the full $2,500, the Planning Board's amount would be reduced to the $2,500 from the National Trust and the amount approved by East of the Palisades. The amendment was unanimously voted, and the motion, as amended, was unanimously voted and declared carried. • FORM A Loring Hills Associates Trust - Loring Hills Avenue, Salem A gentleman representing the owners addressed the Board and said they propose to join two lots to make a parking lot for a building that is to be constructed. He said AMENDED 'Minutes of the Meeting .of August 19, 1976 Page 4 they have a building permit, that the property is in a B-2 zone and has frontage • on Loring Avenue. The Chairman requested that the Plan show that Lot 4 and Lot 8 are being joined to form Lot A, with an accompanying statement to that effect. Mr. Sadoski made .a motion that the Form A submitted by Loring Hills Associates Trust be endorsed as not requiring approval under the Subdivision Control Law. Abby Burns seconded the motion and the following voted "Aye": A. Burns, B. O'Keefe, W. Power, T. Sadoski , S. McDermet. P. D'Amour voted "Opposed". The Chairman declared the motion carried. NEW BUSINESS Mr. McDermet advised he and the City Solicitor discussed the matter of charging an applicant for Development Permit, under the Controlled Growth Ordinance, a fee to cover expenses incurred by the Board. It was Mr. Tinti ' s suggestion that the Board make an administrative regulation to require that the petitioner pay the advertising • and mailing costs for the Public Hearing. Mr. Senko was requested to check with the City Solicitor on the legality of a shorter notice to be placed in the newspaper to help bring down costs. Mr. McDermet read a letter to the Members received from a petitioner to the Board of Appeal , Kenneth Savory (Mr. Savory' s request for variance was turned down) . The Chairman said he called Mr. Savory and in their discussion Mr. Savory said he had gone to the Building Inspector, who was ready to give him a permit until he noticed the required number of parking sapces were not available. Mr. McDermet noted that 1/2 an acre of land would have to be available to comply with density for this property, and Mr. Savory said the Building Inspector never brought that up. A suggestion was made that Mr.. Senko contact the Building Inspector regarding this particular matter. Correspondence received at the Planning Board office was reviewed and placed on • file. Minutes of the Meeting of August 19, 1976 Page 5 • A motion was made by T. Sadoski , seconded by W. Power and unanimously voted to adjourn the meeting of 10:45 P.M. Respectfully submitted, //Or� • .. 3 �TtJ 111ttlPtll� �IS52IC1TSPB • � x '�F �latlllilt� �Darl (011e 19�a1Pm (Srtp l PLANNING BOARD MEETING 8/19/76 AGENDA 1 . Approve Minutes of the Joint City Council - Planning Board Public Hearing held on rezoning the Pickering Property, July 15,1976, and subsequent Meeting of the Planning Board as copied and mailed to Members for advance reading. Motion Second 2. Approve Minutes of Meeting of August 5, 1976 as copied and mailed to Members for advance reading. Motion Second 3• OLD BUSINESS a. Petition for rezoning Northey Street b. Pickman Park Subdivision c. Master Plan - -701 Funds d. Printing costs for Loring Hills Developers Trust Appeal 4. NEW BUSINESS a. Correspondence re variance for Porter Street Court b. Proposed fee for Controlled Growth Ordinance 5. FORM A a. Charles Quigley - 530 Loring Avenue 6. Correspondence , a. Board of Appeal Decisions 7. Adjourn Motion Second • Ctv >.if Sttle�u, tt�sttcl�lxse##s • �;, ,'� f q �l�ttutittg �uarl �`"° 0 One Onlem (j6reen JOINT PUBLIC HEARING OF THE SALEM CITY COUNCIL AND THE SALEM PLANNING BOARD HELD JULY 15, 1976, 7:30 P.M. , AT THE CITY COUNCIL CHAMBER, SALEM, ON PETITION FOR AMENDMENTS TO THE SALEM ZONING ORDINANCE, CHAPTER 35, APPROVED AUGUST 27, 1965 OF THE REVISED ORDINANCES OF SALEM, MASSACHUSETTS, 1952 EDITION' COUNCIL MEMBERS PRESENT: George Atkins, Leonard Cawley, Frances Grace, George Nowak, Ronald Plante, Jean Marie Rochna, Joseph Saraceno PLANNING BOARD MEMBERS PRESENT: Abby Burns, Paul D'Amour, Staley McDermet, Walter Power, Brian O' Keefe, Ted Sadoski , Bill Wheaton Council President Atkins opened the meeting and stated the Hearing was being held for the purpose of discussing the rezoning of the Pickering property. The proposed change is from B-4 to B-5• Helen Coughlin, Acting City Clerk, read the proposed rezoning change. • The Council President stated the meeting would proceed by requesting initially all those who wished to speak in favor of the proposed rezoning, and Mr. Atkins said he would like to recognize David Lash of the Planning Dept. to make the presentation. Mr. Lash introduced the new owners and developers of the property: Arthur Collins and Bob Bramble, and Phil Briggs, representing the architectural firm. Mr. Lash provided a brief summary of how the developers were selected and noted that the development will include several components: a theater which will present a history of the area as it related to marine trade; complimentary to that will be a development of retail shops with a focus on crafts and artisans; as part of that development there will be living quarters on the second floors above the shops. It was noted that Mayor Levesque, in his letter of June 3, 1976 to the developers, stated the City would use its influence in changing the zoning from B-4 to B-5. B-4 zoning includes automotive and wholesaling and the development that is • proposed will include retailing, residential and restaurant use; therefore the request to change the area to a B-5 zone. This will link the downtown Urban Renewal area to the Pickering property. Minutes of the Joint Public Hearing of July 15, 1976 Page 2 Council President Atkins asked if anyone else wished to speak in favor of • the proposal . No one else wished to speak in favor. Council President Atkins asked if anyone present wished to speak against the proposal . The Council President recognized Atty. Lundergan who said he was representing the Naumkeag Trust Co. , owner of real estate in the area of the proposed zoning change. Atty. Lundergan said he was not opposing the zoning change but would like to ask that Naumkeag Trust be excluded from the proposed change. Mr. Lundergan stated that Naumkeag Trust is one of the oldest establishments in the City, employing a large number of people and contributing real estate taxes to the City. He pointed out that Naumkeag is a business organization whose main function is to show a profit and that they have a substantial interest in the Hawthorne Garage. The design of the building is either to store material or for wholesaling. . If this building was changed to a B-5 use, Naumkeag would find itself severely curtailed. 0. 0. Kiever Lumber Co. was selected as a tenant to store material and the bank is now negotiating • with a sailmaker which will be the same low-key use. Mr. Lundergan said the area down by and past their property should remain a B-4 zone. He said his client is enthused and supports the development of the waterfront and asks that consideration be given to the hardship presented to his client. Mr. Harris, President of Naumkeag, said the only reason the bank is holding onto the garage is to protect their drive-in bank. Mr. Harris said hopefully the building can be used for a purpose which might enhance the Pickering property although he did not know what that use might eventually be. Mr. Harris said they try to be very selective as to the use of the building, but if the use of that building was changed, or if they were prohibited from using it for its best economic return, then it might become the use of a new owner who might not be so concerned about its use. Council President Atkins asked Mr. Harris why the bank couldn' t apply for a • Special Permit if the area was rezoned to a B-5 use. Mr. Lundergan replied he didn' t think it would be fair for the City to subject the bank to go before the Board of Appeal for a Special Permit. Minutes of the Joint Public Hearing of July 15, 1976 Page 3 • Planning Board Member, William Wheaton, said he favored the proposed rezoning, that the developers are investing a good deal of money in the area and would like to protect the adjacent property. Mr. Wheaton felt it would be wise for the City to convert the area to a B-5 zone. Mr. D'Amour of the Planning Board asked the developer how many residential units are proposed and would they be low or moderate income housing. Mr. Collins said no figure was set as yet but probably would be in the vicinity of 30 - 40 units, and they would not be low or moderate housing. Councillor asked who owned the Salem Marine Basin and he was informed it was owned by a Mr. DeMambro and another gentleman. Councillor Saraceno said he would like to go into the matter of the Salem Marine Basin in depth as it is the owners' livelihood and they should be given as much con- sideration as the developer. Mr. Saraceno said he would like to check into their • lease and Mr. Lash stated the lease is for two 5-year periods, the first period terminated this spring and the owners exercised their option to renew. The Council President requested the Planning Dept. to provide a report to the Planning Board and City Council on the matter. Mr. Senko explained that in deliberations of this matter the Department made the decision to include the Marina and the Bank's property so that they in turn could express their views on the matter. Mr. Senko said that if the Bank wishes to be exempted, they should say so to the City Council and the Planning Board. Councillor Grace asked Mr. Lundergan if they had any proposed uses for the warehouse, and Mr. Lundergan stated the only use was for wholesaling which would be stopped, if the area was rezoned. Mr. Lundergan stated there was no objection to the Drive-In Bank' s being included in the B-5 zoning. • Minutes of the Joint Public Hearing of July 15, 1976 Page 4 • Mr. Collins expressed the opinion that the change in zoning will benefit the City and the City 'Council is charged with the growth of Salem. Councillor Plante stated that if Naumkeag Trust is interested in selling the property and the developer is interested in buying it, perhaps the two could sit down and come to terms. Mr. Plante felt this would be beneficial to both parties. John Michalchuk, President of the Russian Club, spoke and said this Club is located within the area and wanted to know if the developer intended to close off the street. The question arose as to whether this was an accepted street. Mr. Collins felt that the mere fact the street had been in existence for 50 years would indicate that it has been accepted. He said they have no intention of closing that street at the present time, and Mr. Michalchuk said he would like a statement to that effect in black and white for the record. Councillor Saraceno suggested that all parties concerned sit down and try to • resolve any difference that may exist. A motion was duly made by Councillor Plante, seconded by Councillor Cawley, to adjourn the City Council portion of the Public Hearing at 9:20 P.M. Council President Atkins declared the motion carried and said the Planning Board would recess for ten minutes and reconvene their portion of the meeting at the Third Floor Conference Room, One Salem Green. The Planning Board reconvened at 9:35 P.M. at the Third Floor Conference Room, One Salem Green and Chairman McDermet declared the Public Hearing closed and the regu- lar meeting opened. Discussion was held on rezoning the Pickering Parcel , and the Chairman stated there were three outstanding questions: the matter of the Naumkeag Trust warehouse building; the ownership of the Salem Marine Basin, and the question of the Public • Way to the Russian Club. Members agreed they would table a decision until receipt of the report by the Planning Department with reference to the Marina. • L Minutes of the Joint Public Hearing of July 15, 1976 Page 5 • Brian O' Keefe, new Planning Board member, was welcomed by the Board and Mr. O' Keefe presented the Board with a brief resume of his educational and pro- fessional experience. Mr. Sadoski recommended that a meeting be scheduled with Mr. Charles Downe, the Consultant who is doing the Land Use Inventory. Chairman McDermet advised that Mr. Downe would be present at the first Planning Board meeting in August. Mr. D'Amour suggested that a meeting be held with the attorney who is handling the Planning Board' s defense in the court action with Loring Hills Developers Trust. Members felt the suggestion was not in order as the defense of the Planning Board came under the jurisdiction of the City Solicitor and should go through the normal channels. Pickman Park - Mr. Power advised that Atty, Beatrice had contacted him, indicating he would be ready to sit down to discuss the Pickman Park subdivision. The Board members agreed that. a Special Meeting should be held Monday, July 19, 1976, 7:30 P.M The meeting will be held in whatever Conference Room is available at One Salem Green. The Chairman read Member Alfred Rozumek' s letter of resignation to the Board. The Board recommended the Chairman write a letter of appreciation to Mr. Rozumek. Board of Appeal decisions were reviewed by the Board. A motion was made by A. Burns, seconded by T. Sadoski , and unanimously voted to adjourn the meeting at 10: 15 P.M. Respectfully submitted, tt1 t J of �MlPtti� ��MbSMC�IIBE��S • " ' � �luttuitta �nat•l (ane Onlcm (Grim MINUTES OF THE SALEM PLANNING BOARD MEETING HELD THURSDAY, SEPTEMBER 2, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN SALEM MASS Members Present : Abby Burns, Paul D'Amour, Brian O' Keefe, Walter Power, Ted Sadoski , .Staley McDermet Member Absent: Ray Sweeney Messrs. Charles Downe and Peter Wells, consultants, were present to discuss pro- gress they had made on their contract for a Land Use Inventory and study. They ex- hibited an atlas which had been prepared from the Assessor' s sheets and several zoning maps that were color and number coded for the Board' s review. Mr. Downe then presented maps of one particular block, showing four different methods of determining the primary zoning use in the block, and asked the Board for their opinions as to which • method they preferred. William Tinti , the City Solicitor, asked Mr. Downe if it would be helpful to look at the land use inventory that was in the Blair Report and said he would like to see the result of a comparison made with the 1969 report and the zoning map as he was looking for any glaring conflict between the land use and the current zoning. Mr. Downe said they may be able to take the 1969 map and make some comparison. Mr. Senko advised that whatwas being done was to look at what would be most helpful to the Chapter 808 Zoning group, the Planning Board and the Conservation Commission. Mr. Senko said he would like to have a meeting with representatives of the Chapter 808 Zoning Committee, the Assessor' s Office, Conservation Commission and the Planning Board so they can express their opinions. Mr. Tinti noted that discussion had been held about boundary changes and about reverting some of the zoning made in • 1969 back to what they were in 1965. Mr. Tinti also asked Mr. Downe if he had checked with the Licensing Department re boarding houses, as many residences in the area of Lafayette Street (around Salem State College) are not licensed as board- Minutes of the Meeting of September 2, 1976 Page 2 • ing houses but have 4 - 5 people living there, especially students. Mr. Downe said he would check this out. Mr. Sadoski recommended that the Chairman and City Planner arrange for a sub- committee meeting to be held within a week with representatives of appropriate groups and the Zoning Committee. Mr. Downe said their final work will be to prepare a written statement summarizing the results of the inventory and asked for the Board's reaction so that he would have some indication as to what would be the best way to summarize the land use inventory and use it as a presentation. After further discussion with Mr. Downe, the Board thanked both Mr. Downe and Mr. Wells for their progress report of the Land Use Inventory. Chairman McDermet called the meeting to order at 8:20 P.M. The Minutes of the Meeting held August 19, 1976 were reviewed and the Chairman • noted three corrections. A motion was made by P. D'Amour to approve the Minutes of the Meeting of August 19, 1976, as amended. A. Burns seconded the motion, it was' unanimously voted, and the Chairman declared the motion carried. The Accounts Payable List for August was reviewed by the Members. P. D'Amour made a motion, seconded by T. Sadoski , and unanimously voted, to approve the bills for payment as presented. The Chairman declared the motion carried. OLD BUSINESS Chapter 808 Zoning Report -- Mr. Sadoski advised that the 808 Zoning Committee is pro- posing to revert the zoning on seven parcels back to what it was in 1969. Also in- cluded would be the change in zoning for Northey Street. This change in zoning would be in effect until the completion of the Master Plan. A recommendation was made to hold a meeting of the Board on September 13, 1976 to discuss the possibility of holding a Public Hearing on rezoning on Sept . 28, 1976. • Pickman Park -- Mr. Power advised that a meeting had been held with Atty. Beatrice, the Police Marshall , City Solicitor and City Engineer at which specifics were dis- cussed. Mr. Power stated there were nearly no objections from anyone on the plans r Mihutes of the Meeting of September 2, 1976 Page j • proposed except that the Marshall was concerned about traffic on Loring Avenue. Legal aspects were discussed, and the Board will have to make a list of conditions - then the City Solicitor will put them into legal language. A letter was received from Atty. Beatrice requesting a four-month extension of the time of action by• the Planning Board on both the Definitive Plan dated 9/4/75 and Preliminary Plan dated 9/12/75, both dates expiring on September 27, 1976. The extension, if approved, will then run to January 27, 1977 on both plans. A motion was made by P. D'Amour that the request for extension of the time of action by the Planning Board, on both the Definitive Plan and the Preliminary Plan, be granted, said date now being extended to January 27, 1977. The motion was seconded by T. Sadoski , unanimously voted, and the Chairman declared the motion carried. NEW BUSINESS Mr. Power noted that he would like to see an overall traffic pattern for the • City so that a determination could be made as to where to build express roads, and he felt the Planning Board should have some input into this matter. After discussion, a motion was made by P. D'Amour to request the City Planner to invite Owen Corrigan and James Scanlan to attend either the last meeting in September or the first meeting in October, to make. a brief presentation on what traffic studies have been done, and What future traffic projects are being contemplated. The motion was seconded by T. Sadoski , unanimously voted, and the Chairman declared the motion carried. Board of Appeal Agenda of 9/15/76 - The Agenda for September 19, 1976 was reviewed and it was the consensus of the Board that letters be written to the Board of Appeal stating the Planning Board was opposed to granting the variances for Philip W. and Caroline B. Cahill , Lafayette Place and Peter Copelas, 7 Webster Street. The Board recommended that the Board of Appeal Agenda for .September 21 , 1976 • ;a Minutes of the Meeting of September 2, 1976 Page 4 be tabled until the next Board meeting. • Correspondence received at the Planning Board office was reviewed and placed on file. A motion was made by T. Sadoski , seconded by P. D'Amour, and unanimously voted to adjourn the meeting at 10:20 P.M. Respectfully submitted, • • { �i/ �jJCMDI[� -`�p �l�tttttitt9 '1�f narl One Oulem Grent PLANNING BOARD MEETING 9/2/76 AGENDA 1 . Approve Minutes of the Meeting held August 19, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Approve the Accounts Payable List for the month of August Motion Second 3. Old Business a. Chapter 808 Report and Proposed Public Hearing: Special Meeting Possibly Sept. 13 and Public Hearing on Sept. 28; includes Northey Street Rezoning b. Pickman Park • Status Report Request for Extension c. Charles Downe d. Controlled Growth Fee 4. New Business Board of Appeal Agendas of 9/15 and 9/21/76 5. Correspondence 6. Adjourn Motion Second • m of �ttlenl, �RdM�sttcl# z�E##� (011e Oalent (green MINUTES OF THE SALEM PLANNING BOARD MEETING HELD SEPT. 16, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASS. Members Present: Abby Burns, Paul D'Amour, Ted Sadoski , William Wheaton, Staley McDermet Members Absent: Walter Power III , Brian O' Keefe, Ray Sweeney The Chairman declared a quorum present and the meeting in session at 7 :40 P.M. A motion was made by A. Burns, seconded by P. D'Amour, and unanimously voted to approve the Minutes of the Meeting of Sept. 2, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. FORM A' S Madeline L. , Jonas B. , Murray P. Galper and Mark R. and Deborah Phillips - • Lot borders both Upham and Harris Street Atty. Litman represented the petitioners and said his clients would like to subdivide the land to make two lots. In October of 1975 the Galpers transferred by deed land and building at 8 Upham Street to Mark b Deborah Phillips, and because the Galpers received the property by inheritance, they did not realize that the deed contained the two houses. Court action has been initiated by the Galpers to have the land and building at 7 Harris Street returned to them. The boundary between the two properties is to be the existing fence. A motion was made by W. Wheaton, seconded by T. Sadoski and unanimously voted to endorse the Form A submitted by Madeline, Jonas & Marry Galper and Mark and Deborah Phillips as not requiring approval under Subdivision Control Law. The Chairman declared the motion carried. Salem Redevelopment Authority - rear of Bridge Street • Parcel R-IA is to be combined with Parcel R-1 to form one lot. The entire lot has frontage on an open space easement formerly known as Ash Street, leading to Bridge Street. The S.R.A. proposes to convey the parcel to Mr. & Mrs. Joseph Boudreau for Minutes of the Meeting of Sept. 16, 1976 Page 2 'the .purp'ose of squaring off their existing lot as shown on the attached plan. • A. .Burns made a motion to endorse the Form A submitted by the Salem Redevelopment Authority as not requiring approval under Subdivision Control Law. P. D'Amour seconded the motion, it was unanimously voted, and the Chairman declared the motion carried. Gilbert 6 Lorraine Letarte - Hillside Avenue This lot is to be subdivided into two lots, each lot to be 10,400 sq. ft. after division. The land to be subdivided is to be deeded to the Letarte' s daughters. After review of the Form A a motion was made by T. Sadoski , seconded by A. Burns, and unanimously voted to endorse the Form A submitted by Gilbert & Lorraine Letarte as not requiring approval under Subdivision Control Law. The Chairman declared the motion carried. OLD BUSINESS NORTHEY STREET REZONING • Because items for the Chapter 808 Rezoning are not ready, the Chairman stated it would be advisable to go ahead and plan to have a Public Hearing on the Northey Street rezoning. Abby Burns made a motion to have the Planning Board hold a Joint Public Hearing with the City Council , re the Northey Street rezoning, at 7:30 P.M. , October 7, 1976, in the Council Chamber. If it is not convenient for the Council to hold their Public Hearing on that date, the Public Hearing for the Planning Board will be held at 7 :30 PM at the Third Floor Conference Room, One Salem Green. The regular meeting of the Board of October 7, 1976 will immediately follow the Public Hearing at the Third Floor Conference Room, One Salem Green. Paul D'Amour seconded the motion, it was unanimously voted, and the Chairman declared the motion carried. PICKMAN PARK The Chairman noted that several Members had walked the Pickman Park property • with members of the Conservation Commission: A list of conditions for the property are to be drawn up soon. AMENDED Minutes of the Meeting of Sept. 16, 1976 Page 3 CHAPTER'808 ZONING • The Chairman gave the Members an up-date on the Chapter 808 Zoning. Under consideration is the zoning boundary change plus a moratorium on R-3 develop- ment and large scale development in B-2 zones. Following adoption of Chapter 808 would be the adoption of certain changes pertaining to it. There are certain pro- cedural aspects that are declared in effect now. Mr. Tinti is trying to get all the preliminary things done in rough draft so there can be a final meeting with the 808 Committee. Hopefully, this will be done within the next few weeks. TRAFFIC UP-DATE A memo .was received from the City Planner stating that a comprehensive trans- portation inventory will be part of the Master Plan Up-Date and as soon as possible he will present it to the Board. PROPOSED FEE FOR EXPENSES INCURRED RE PUBLIC HEARING FOR DEVELOPMENT PERMITS • The Board discussed the expense of advertising of Public Hearings in connection with Applications for Development Permits. The City Solicitor has OK'd a shorter form of advertising notice and a motion was made by P. D'Amour, seconded by A. Burns, that the Planning Board charge for advertising for Public Hearings and that the applicant for a Development Permit bring with his application a check made out to the Salem Evening News in the amount of the cost of the advertisement. The motion was unanimously voted and the Chairman declared the motion carried. Further discussion was held on the possibility of changing the Controlled Growth Ordinance to eliminate the need of a Public Hearing if the applicant has the required points but this matter was tabled. LAND USE INVENTORY The Chairman attended a meeting held with Messrs. Senko, Lash, Downe and Wells. As a final document it was decided to have the 100 scale assessor' s maps colored in; • there will be a 1 - "400 scale map colored in; they are to start at the outer edges of the City with Type B, which is a very specific type, going into the more congested Minutes of the Meeting of Sept. 16, 1976 Page 4 • part of the City. In the congested part of the City, Type D will be used which is a group generalization. "V to "6" on the zoning map of the City would be blown up to a 200 scale map. In that area Type B could be used again. The general map would have a heavy outline around the area that was blown up. Mylars will be made so they can be reproduced, but they will not be colored. The 200 scale map will probably be an extra on the contract; the 400 scale map will be part of the contract. BOARD OF APPEAL AGENDA OF 9/21/76 The Agenda for Sept. 21 , 1976 was reviewed and it was the consensus of the Planning Board to write a letter to the Board of Appeal recommending the request for a variance at 217 Lafayette St. by W. b C. Guzowski be denied because the building presently violates both the density and parking requirements for R-3 zoning. The Lafayette St. area now suffers from parking and overcrowding and granting this request will only add to the problem. • NEW BUSINESS Discussion was held on a decision to replace the present clerk of the Planning Board whose resignation will be effective September 30, 1976. A motion was made by A. Burns, seconded by W. Wheaton and unanimously voted that the hiring of a replace- ment for the Clerk will be left to Chairman McDermet' s discretion. The Chairman declared the motion carried. Correspondence received at the Planning Board office was reviewed and placed on file. A motion was made by A. Burns, seconded by W. Wheaton and unanimously voted to adjourn the meeting at 9: 15 P.M. Respectfully submitted, �" ���•CM9IG_ �V Ctv of '�$Avin' Abosac4usetts (late !%lem Greett PLANNING BOARD MEETING 9/16/76 AGENDA 1 . Approve Minutes of the Meeting held Sept. 2, 1976 as copied and mailed to Members for advance reading. Motion Second ' 2. FORM A'S a. Gilbert and Lorraine Letarte - Hillside Avenue b. Madeline L. , Jonas B. , Murray P. Galper and Mark R. and Deborah Phillips - Lot borders both Upham and Harris Street c. Salem Redevelopment Authority - rear of Bridge Street, combine Parcel R-IA with Parcel R-1 to form one lot. 3. OLD BUSINESS a. Set date for Public Hearing for Northey Street b. Pickman Park Up-date c. Status of Chapter 808 Zoning d. Board of Appeal Agenda for 9/21/76 e. Memo from City Planner on Traffic Up-date f. Administrative action on proposed fee for expenses. i,ncurred re Public Hearings for Applications for Development Permits 4. Correspondence 5• Adjourn Motion Second. " • T D{ ?Illlll, �A�M�SMCI�USPf� Planning 36oarb ,s �uvntv�' (Our OuIrm (firm PLANNING BOARD MEETING 10/21/76 AGENDA 1. Approve Minutes of the Meeting held Oct. 7, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Form A's a. Donald G. & Anne F. Martin - 2 Ugo Road, transfer of land • b. The Lydia E. Pinkham Memorial, Inc. - 230 Derby St. 3. Old Business a. Pickman Park - Review the 20 restrictive covenants b. Chapter 808-Revisions - Zoning Committee Mtg. , Monday, November 1, 1976 at One Salem Green, 2nd Floor. c. Loring Hills Developers Trust memorandum 4. Correspondence 5. Adjourn Motion Second r of "-,5$UIViit, �ttss�zcl�use##� n � 3r, -mow �,� �fauuittg ,'marl (ane !§alrm (Brun MINUTES OF THE SALEM PLANNING BOARD MEETING HELD OCTOBER 21, 1976, 7:45 P.M, THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN SALEM MASSACHUSETTS Members Present: Paul D'Amour, Brian O'Keefe, Walter Power, Ted Sadoski, William Wheaton, Abby Burns, and Staley McDermet Members Absent: Ray Sweeney On a motion made by Abby Burns and seconded by Paul D'Amour the Board voted unanimously to approve the minutes of the meeting of October 7, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. Form A's • Donald G. and Anne F. Martin - 2 Ugo Road Attorney McKay explained to the Board that Mr. & Mrs. Donald Martin would like to transfer a triangular piece of property of approximately 996 sq. £t. to Mr. & Mrs. Ralph Farinelli. The land involved in this transfer, referred to as 210B on the Plot Plan, would be combined with the abutting land of Mr. & Mrs. Farinelli to form one lot. The Board reviewed the plan and Bill Wheaton made a motion, seconded by Brian O'Keefe, and unanimously voted to endorse the Form A presented by Mr. McKay as not requiring approval under subdivision law. The Chairman declared the motion carried. The Lydia E. Pinkham Memorial, Inc. - 230 Derby St. The Board considered a Form A submitted by Attorney Albert Pitcof£ for The Lydia E. Pinkham Memorial, Inc. The Lydia E. Pinkham Memorial, Inc . wishes to transfer a parcel of land of approximately 107 sq. feet, which is 2.22 • feet fronting Derby St. to the adjacent land of Max Sullaway. It was noted that the Planning Board had not received an original of the Form A, but a copy from the City Clerk's office. In addition, the Form A was stamped September corrected First Page of 10/21/76 Page la ♦I ' 1 9, 1976, while the "Notice to be Attached to Form A Applications" was stamped • October 18, 1976. Mr. Pitcoff is to be contacted concerning this. The Board reviewed the Plan and Bill Wheaton made a motion, seconded by Walter Power, and • .f Minutes of the Meeting of October 21, 1976 Page 2 unanimously voted to endorse the Form A as not requiring approval under • subdivision law. The Chairman declared the motion carried. Old Business Pickman Park The restrictive covenants pertaining to Pickman Park were reviewed by the Board. Walter Power noted that the covenants were still in the process of being put in legal language. Regarding the individual covenants, the following elicited additional response from the Board. The third covenant states that the City will not be responsible for road and sidewalk maintenance, snow removal, rubbish collection or landscape maintenance. It was the sense of the Board that when this is transferred .to legal language, it should be made quite clear that while the City is not responsible for these functions, the owners are. Regarding 4A of the covenants which deals with the roadband loop in Phase III, • it was decided that future expansion of this road should be in line with the "City's standard width specified as in force in September 1976." It was noted that the swimming pool and the common land referred to in 5A and 5C respectively should be referenced on the specific plans. It was the sense of the Board to add an additional restriction to covenant twelve . The twelfth covenant states that the Developer is "to clear and properly grade and landscape to natural drainage patterns all land that has been disturbed and is not 'to be built upon:" It was decided that the developer should be responsible for damage to the land. prior to or during construction. Covenant twenty states that "any change in the 'above coditions must have approval of the Planning Board, Conservation Commission and Board .of Appeals." the B It was the-sense of Br to reword the covenant so that it would state., • Minutes of the Meeting of October 21, 1976 Page 3 "must have approval of the Planning Board and consultation with the Conservation • Commission." An additional covenant was added stating that "Violation of any covenant shall constitute grounds for revocation of the original subdivision plans approved by the Planning Board." Walter Power is also to ask City Solicitor William Tinti if there is a way that the Pickman Park plans can be reviewed and changed sometime in the future , if construction of the different phases takes an inordinate amount of time. Chapter 808 Revisions Chairman Staley McDermet stated that there will be a Zoning Committee Meeting, Monday, November 1, 1976 at One Salem Green, second floor. He urged that all Board members attend. Loring Hills Developers Trust A Sub-Committee was formed to deal with the latest compromise offered by Mr. Quigley concerning Loring Hills. Brian O'Keefe.is to be the Chairman of this Sub-Committee, and Walter Power and Paul D'Amour are to be on it. The members of this Sub-Committee are to review the rejection of the original plan as well as the latest compromise. Brian O'Keefe is to inform Greg Senko bf the for- mation of this Sub-Committee. New Business Board of Appeal Agenda The Agenda for the November 16, 1976 meeting of the Board of Appeal was discussed. It was the consensus of the Members that letters should be written to Chairman Gray recommending that the petitions of Roger Ouellette, John Loureiro, and Charles McManus, Jr. be denied. Mr. Wheaton advised he would write the letters. • Minutes of the Meeting of October 21, 19?6 Page 4" The Chairman read a memorandum from Greg Senko dealing with an aerial • inventory of Salem made with 35 mm color slides. The Board will view these slides at their next meeting. . Correspondence received at the office was reviewed and placed on file. A motion was made by Paul D'Amour, seconded by Brian O'Keefe and unani- mously voted to adjourn the meeting at 9:30 P.M. Respectfully submitted, • • of ��M1Etll, �A�MbSMCI�USE#t8 �fattuiltg �Darl (ane Oalem (Breen PLANNING BOARD MEETING 11/4/76 AGENDA 1. Approve Minutes of the Meeting held Oct. 21, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Form A a. Estate of Ida Y. Richard - 43 Roslyn Street, transfer of land s 3. Old Business • a. Chapter 808 Revisions - Zoning Committee Report b. Loring Hills Developers Trust 4. New Business a. Land Slides - if time permits b. Financial Report 5. Correspondence 6. Adjourn Motion Second • ;. �it�J t�{ �MIErit, ��M85MC�IiSE�fB p ���tttnitt� ,�Oarl MINUTES OF THE REGULAR MEETING OF THE SALEM PLANNING BOARD HELD THURSDAY, NOVEM- BER 4, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM ONE SLAEM GREEN SALEM MASS . Members Present: Abby.Burns, Paul D'Amour, Tadius Sadoski, Brian O'Keefe, Staley McDermet Members Absent: Walter Power III, William Wheaton Chairman McDermet called the meeting to order with a quorum present at 7:30 P.M. . After review of the minutes of the Planning Board Public Meeting of October 21, 1976, re approval of Planning Board Public Meeting minutes of October 7, .1976, a correction was noted on Page 1. Paul D'Amour moved that the Minutes of the Public Meeting of October 21, 1976 be approved as modified. The motion was • seconded by Abby Burns, unanimously voted, and the Chairman declared the motion carried. OLD BUSINESS Form A Estate of Ida Y. Richard - 43 Roslyn Street, transfer of land Attorney Robert Ledoux explained that his client wishes to transfer a strip of land, consisting of approximately 756 square feet, located between 43 and 47 Roslyn Street to form one lot. The land in question was owned by Ida Y. Richard and during her lifetime the parcel of land in question had been used by her son, Peter A. Richard. Because of her death, Peter Richard wishes the transfer of this land to become official. The Board reviewed the Plan and Paul D'Amour made a motion, seconded by Brian O'Keefe, and unanimously voted to endorse the Form A as not requiring • approval under subdivision law. The Chairman declared the motion carried. Minutes of the Meeting of Nov. 4, 1976 Page 2 • OLD BUSINESS Chapter 808 Revisions - Zoning Committee Report Chairman Staley McDermet went over the revisions made by the Zoning Commit- tee meeting held Monday, November 1, 1976. Chairman McDermet pointed out that Section V "Special Permit Uses" is amended so that "no special permit for the use of land for the primary purpose of agriculture, horticulture or floriculture shall be required. . . except that all such activities are limited to parcels of more than five acres." Chairman McDermet noted that previously it was one acre and it has now been changed to five. Regarding Section IX Administration Paragraph C 'Board of Appeals" is amended by adding "except such applications for special permits where the power to grant is vested in the Planning Board by this Ordinance." Special Permits for Planned Unit Development and Cluster Development will be handled by the Planning • Board. Regarding Section IX "Administration", paragraph D, Chairman McDermet noted that it had been amended by adding "any special permit granted under this section shall lapse within a specified period of time, not to exceed two years, . . ." This wording came directly from the 808 Zoning Regulations . It was the sense of the Board members present that a specific time period, not subject to possible variation, should be stated. It was the sense of the Board members present that the amendment should read "any special permit granted under this section shall lapse at the end of two .years. . ." Concerning the "Proposed Planned Unit Development Amendment to Salem Zoning Ordinance", Chairman McDermet noted that B-5 Districts were added to the districts qualifing for possible Planned Unit Development. • Minutes of the Meeting of Nov. 4, 1976 Page 3 • Chairman McDermet noted that maximum height, bulk, yards, parking and loading requirements shall be established for each Planned Unit Development by the plan approved by the Planning Board. Previously these plans were approved by the Planning Department. Regarding the minimum lot frontage of a Planned Unit Development the word Unit was added as follows: "To preserve and protect the value of properties adjacent to a proposed Planned Unit Development District. . ." Speaking of the filing of the Petition for a Planned Unit Development, Chairman McDermet stated that although notice of filing will be give to numerous city organizations, "further notice shall be given as required by the Planning Board." Regarding proposed changes relative to Cluster Development, Chairman McDermet noted that R-3 areas had been added to those qualifing for cluster • development. He stated that cluster development would provide a possible alternative to those building in multi-family areas. In addition, any Cluster Development would be under the control of the Planning Board. In relation to the granting of a permit for Cluster Development, the following changes were noted: A. The minimum area of the tract of land to be subdivided has been changed from ten acres to five acres. B. On Page 2 of the proposed zoning changes for.Cluster Development the Zoning Committee has added "for the zoning district" as a further qualifier in relation to the land area required for the total number of units or build- ings proposed for a Cluster Development. C . Regarding the amount of open space required the' proposed zoning change states, "of which at least fifty percent shall not be wetlands or over five percent • slopeland nor shall it include streets and ways. . ." It was the sense of the Minutes of the Meeting of Nov. 4, 1W6 Page 4 Board members present that parking areas should be specifically mentioned as • not being included in the 'common' area. In discussing the "Proposed Planning Moratorium Amendment to the Zoning Ordinance" it was the sense of the Board Members present that Mr. William Tinti be asked if this Amendment could be changed to an 'Ordinance' rather than a 'Zoning Ordinance' . A motion was made by Tadius Sadoski, seconded by Brian O'Keefe, and 0 unanimously voted that Chairman Staley McDermet, be authorized to set up a public hearing at his own discretion regarding the proposed zoning changes. The Chairman declared the motion carried. Loring Hills Developers Trust Brian O'Keefe reported on a meeting held in William Tinti's office between Messrs. Tinti, Ronan, Senko, Merry, McDermet and himself concerning the upcoming court cases with Mr. Quigley. Brian noted that the week of Novem- ber 15th has been set for the hearing of the oral arguments of the various suits. Brian pointed out that in the case of Quigley vs. the Mayor and the City Engineer for a sewer permit, a compromise has been reached. The City Engineer has filed an application with the DWPC for a temporary sewer permit. After discussing a proposed compromise that -maybe offered to-.Mr. Quigley, a motion was made by Tadius Sadoski, seconded by Abby Burns and unanimously voted that Chairman Staley McDermet be authorized to arrange for a special meeting of the Planning Board in order to further discuss this compromise. The Chairman declared the motion carried. NEW BUSINESS Land Slides • It was the sense of the Board Members present that there was not enough time for an adequate coverage of the slides and that they would be shown at a later meeting. Minutes of the Meeting of Nov. 4, 1976 Page 5 • Financial Report Chairman Staley McDermet gave the October financial report. The Warrant is in the amount of one 'hundred twenty-six dollars and sixty cents. The three bills considered were: l Staley McDermet (Telephone expense) $21.60 Salem Evening News 75.00 Essex Agric. & Tech. Inst. 30.00 A motion was made by Tadius Sadoski, seconded by Brian O'Keefe and unanimously voted that the Warrant be accepted. The Chairman declared the motion carried. Correspondence received at the office was reviewed and placed on file. A motion was made by Brian O'Keefe, seconded by Abby Burns and unani- mously voted to adjourn the meeting at 10:30 P.M. Respectfully submitted, //44 ofleni, Mssttcl# sE##s m • gIilllll[lt$ �RDarb �c �lYpP �ttlPm (Arrm MINUTES OF THE SPECIAL MEETING OF THE SALEM PLANNING BOARD HELD NOVEMBER 8, 1976, 7:00 P.M. , SECOND FLOOR CONFERENCE ROOM ONE SALEM GREEN SALEM MASSACHUSETTS Members Present: Paul D'Amour, Tadius Sadoski, Abby Burns, William Wheaton, Walter Power, Brian O'Keefe, Staley McDermet Members Absent: Raymond Sweeney Also Present: Councillor Peter Bouley Chairman McDermet opened the meeting at 7:10 P.M. declaring a quorum present. A discussion was 'held concerning proposed zoning changes regarding lot size and dwelling unit area requirements for RC, R1, R2, and R3 areas. A motion was made by William Wheaton, seconded by Paul D'Amour and unanimously • voted that the proposed zoning changes relative to area requirements would A be as follows: RC ` 80,000 square feet - minimum lot size R1 15,000 square feet - minimum lot size 100 feet minimum frontage R2 15,000 square feet - minimum lot size 7,500 square feet - per dwelling unit minimum 100 feet minimum frontage R3 25,000 square feet - minimum lot size 3,500 square feet - per dwelling unit minimum A motion was made by William Wheaton and seconded by Abby Burns that the Planning Board temporarily adjourn the special meeting and go into Executive Session for the purpose of discussing the Loring Hills Subdivision Plan currently in • litigation. A role call vote was taken with the following results: William Special Planning Board Meeting 11/8/76 Page 2 Wheaton - yes, Abby Burns - yes, Paul D'Amour - yes, Walter Power - yes, Tadius • Sadoski - yes, Brian O'Keefe - yes, Staley`McDermet - yes. The chairman stated that the Special Meeting will reconvene after the Executive Session. x-x-xar�arx- The Special Meeting was reconvened after the Executive Session at 8:50 P.M. and a motion was made by William Wheaton and seconded by Paul D'Amour and unanimously voted to adjourn the Special Meeting of the Salem Planning Board at 8:51 P.M. Respectfully submitted, • • x y[ �h lriJ 11l2I�Y1t1� �c[�SPICI�LCBEty • n 'L 1i (ane —11hlem (green NOTICE OF MEETING Notice is hereby given that a Special Meeting of the Salem Planning Board will be held Monday, November 8, 1976, 7:00 P.M. , Second Floor Conference Room, One Salem Green, Salem Massachusetts. This meeting will be held for the purpose of discussing the Loring Hills Subdivision Plan and for the purpose of discussing • proposed zoning changes. X7%7 �w� Staley MWermet Chairman • **************CONFIDENTIAL**************** • � �i�� ttf ��SjClll� ��M85�tCI�USE�tB Planning ,gnarl �uvsa° onroulem (9fren yt MINUTES OF THE EXECUTIVE SESSION OF THE SALEM PLANNING BOARD, HELD NOVEMBER 8, 1976, 7:50 P.M., SECOND FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM MASSACHUSETTS Members Present: William Wheaton, Abby Burns, Paul D'Amour, Walter Power, Tadius Sadoski, Brian O'Keefe, Staley McDermet Also Attending: Peter Bouley The Chairman noted that the Executive Session of the Planning Board was called to discuss the present Loring Hills litigation. Chairman Staley McDermet informed the Board members that he had spoken to City Solicitor, William Tinti, on November 5th and gave him the Board's tentative approval of a proposed compromise plan for Loring Hills. This compromise would include: 1. Approval for them to develop parcels B and G as a Modified Subdivision Plan with height and density limits. The height of the buildings on these parcels would be no more than 70 feet, possibly less. 2. The remaining land would fall under the 1976 zoning requirements. 3. Approximately 32 acres are to be transferred to the City under the custody of the Conservation Commission. Either this land would be an outright grant or acquired at less than its appraised value. William Tinti contacted Mr. Brettman concerning this compromise. Mr. Brettman turned down the compromise offer, but there is some question as .to whether this is a final decision. Brian O'Keefe reviewed again the possible results of a court decision on Loring Hills. If Mr. Quigley is successful, he will be able to build what he wants under the old zoning requirements. If the Planning Board is successful, • then Mr. Quigley will probably be remanded to the Planning Board and/or Board of Minutes of the Executive Session, November 8, 1976 Page 2 • Health. Then, if his submitted plans are specific, the Planning Board would be forced to accept them. Tadius Sadoski stated that any decisions made by the Planning Board should be made in conjunction with the Board of Health. The following motion was made by William Wheaton, seconded by Walter Power, and unanimously approved: In an attempt to satisfy the objections raised by the Planning Board with respect to the Modified Subdivision Plan for Loring Hills, dated February 5, 1976, the Board endorses the following 3 point plan: 1. That a new Modified Subdivision Plan be submitted for parcels B and G of the original subdivision plan. Development on these parcels to be re- stricted to 70 feet in height, for 232 one and two bedroom residential dwelling units on parcel B and a nursing home on parcel G with height and density controls. All such development to be approved by the City Engineer • and Board of Health. 2. An area of approximately 36.2 acres in the original modified subdivision plan is to be deeded to or purchased by the City of Salem for public use. 3. The remainder of the original Subdivision Plan to be developed at the wish of the owner as a new and separate subdivision, filed under the ordinances in effect at that time. In addition, all plans must satisfy previous reasons for rejection of the Modified Subdivision Plan. A motion was made by William Wheaton, seconded by Tadius Sadoski and unanimously voted to adjourn the Executive Session of the Planning Board at 8:50 P.M. Respectfully submitted, e r . a Ctu of �,S��zletit, Mssttcl��zse#ts s'��w.E�"� �lYttP �F[1Pllt �tPPri PLANNING BOARD MEETING 11/18/76 AGENDA 1. Approve Minutes of the Meeting of November 4, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Form A a: Salem Redevelopment Authority - Essex Street 3. New Business • a. New Zoning Ammendment - David Lash b. Heritage Plaza West - David Lash c. 1977 Budget d. Land Slides - if time permits 4. Correspondence 5. Adjourn Motion Second • c �0 ;, ttl.it�T 11f �ITlPlil, �M85�tCl�USE��S (l np OulPm (grm MINUTES OF THE REGULAR MEETING OF THE SALEM PLANNING BOARD HELD, THURSDAY, NOVEMBER 18, 1976, 7:30 P.M. , THIRD FLOOR CONFERENCE ROOM ONE SALEM GREEN SALEM MASS Members Present: Paul D'Amour, Walter Power, Abby Burns, William Wheaton, Staley McDermet Members Absent: Brian O'Keefe, Tadius Sadoski, Raymond Sweeney Also Present: David Lash )n '. Chairman McDermet opened the meeting at 8:45 P.M. declaring a quorum present. On a motion made by Abby Burns and seconded by Paul D'Amour the Board voted unanimously to approve the minutes of the Meeting of November 4, 1976 • as copied and mailed to Members for advance reading. The Chairman declared the motion carried. Form A Salem Redevelopment Authority - Property on Essex St. The Board considered a Form A submitted by Attorney George Vallis for the Salem Redevelopment Authority. A lot located on Essex Street is to be split and the land with the buildings thereon be conveyed by the Salem Redevelopment authority to Ernest Khouri. A motion was made by William Wheaton, seconded by Paul D'Amour and unanimously voted to endorse the Form A as not requiring approval under the Subdivision Control Law. The Chairman declared the motion carried. Proposed "Flood Hazard District" Amendment to Salem Zoning Ordinance David lash reviewed the proposed "Flood Hazard District" amendment to the • Salem Zoning Ordinance. He explained that "The Flood Hazard District is super- imposed over any other district established by this Ordinance. The District ,Minutes of Meeting 11/18/76 Page 2 follows the boundaries of the 100-year floodplain which is defined as the • relatively flat lowland which adjoins a watercourse or other body of water and which is subject to seasonal or periodic flooding by the watercourse or water body at a storm frequency of 100 years." David explained that the adoption of floodplain management zoning is a requirement for Salem's continued participation in the Flood Insurance Program of the Department of Housing and Urban Development. David noted that the minimum HUD requirements are marked by an asterisk so that the significance of any future changes in HUD requirements can be readily ascertained in the zoning ordinance. David mentioned that if HUD changes any of their require- ments, local government has six months to adapt their ordinance to these changes. David explained that regarding the conditions listed under Special Permit Uses of the proposed "Flood Hazard District" amendment, a-g pertain to all construction in the Flood Hazard district while h-k pertains only to the coastal • area. David also pointed out that the Planning Board is to. maintain a file of all applications for Special Permit or variance under the Flood Hazard District and shall summarize these in its annual report. A copy of this report shall be sent to the Flood Insurance Program, Dept. of HUD, and the Federal Insurance Administrator, Dept. of HUD. A brief discussion was held as to when the Public Hearing for the proposed zoning changes should be scheduled. It was the sense of the Board Members present that Wednesday, January 5, 1977 and Thursday, January 6, 1977 should be established as the dates for this Hearing. This will be a joint hearing with the Salem City Council. The announcement of the proposed hearings will appear in the December 21st and December 28th editions of the Salem Evening News. It was also the sense of the Board members present that • December 14, 1976 be established as the deadline for comments from other Boards and Commissions regarding the proposed zoning changes. •Minutes of the Meeting of 11/18/76 Page 3 • David Lash stated that the Community Development Fluid Hearing will be held at 8:00 P.M. on December 16, 1976. The regular meeting of the Salem Planning Board will be at 7:00 P.M. the same evening. Heritage Plaza West Chairman Staley McDermet has received a copy of a letter from Greg Senko to Mayor Levesque. Enclosed was the grant application for the Heritage Plaza- West Project to the National Trust for Historic Preservation, a copy of the letter and check from the National Trust for Historic Preservation for the Heritage Plaza-West Study, and a copy of the letter from Historic Salem, Incorporated regarding $2,500 to be supplied from the East of the Palisades Project for the Heritage Plaza West Study. David Lash also stated that the $5,000 the Planning Board voted at their August 19, 1976 meeting to transfer from the 701 Fund will now be accomplished. • David Lash further explained that an advisory committee for this project was being formed and would consist of a member from Historic Salem, Inc . , the Planning Board, the Chamber of Commerce and a merchant from the area. Chair- man Staley McDermet appointed William Wheaton to this committee as a repre- sentative from the Planning Board. The 1977-1978 Budget The Budget for the 1977-1978 fiscal year is due December 1, 1976. After review and discussion of the 1976-1977 budget a motion was made by Abby Burns, seconded by Walter Power and unanimously voted that the Budget for the next fiscal year will be approximately the same as this year's budget + 20%, and that Chairman Staley McDermet will contact Tadius Sadoski and Greg Senko for further comments. The Chairman declared the motion carried. • Minutes of the Meeting of 11/18/76 Page 4 • Land Slides David Lash presented slides from the aerial inventory of. Salem for the Planning Board. Correspondence received at the office was reviewed and placed on file. A motion was made by William Wheaton, seconded by Walter Power and unanimously voted to adjourn the meeting at 10:30 P.M. Respectfully submitted. • • .NCW'�JG_ ' oflent, '�M�sttclfuse## (®ne Oulem (6reen PLANNING BOARD MEETING 12/2/76 AGENDA 1. Approve Minutes of the Meeting of November 18, 1976 as copied and mailed to Members for advance reading. Motion Second 2. Approve Minutes of the Special Meeting of November 8, 1976 as copied and mailed to Members for advance reading. Motion Second 3. Form A's a. Walter Sadoski - 3 Parker Court b. Charles Quigley & Herman Brettman Trustees - Loring Ave. 4. Old Business a. Pickman Park b. Loring Hills 5. New Business' a. Greg Senko - Update of Master Plan b. Planning Board Budget for 1977-1978 c. Reminder - Planning Board Meeting of December 16, 1976 is at 7:00 P.M. d. Board of Appeals Agenda 6. Correspondence 7. Adjourn Motion Second • 4`� `4; �it� Rf �tIIL'llt, �A�MSS�TCI�USP�tB 3 � (One onletn (greett MINUTES OF THE SALEM PLANNING BOARD MEETING HELD DECEMBER 2, 1976, 7:30 P.M., THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN SALEM MASSACHUSETTS Members Present: Abby Burns, Brian O'Keefe, Ted Sadoski, Paul D'Amour, Bill Wheaton, Walter Power, Staley McDermet Members Absent: Ray Sweeney Chairman McDermet called the meeting to order with a quorum present at 7:30 P.M. A motion was made by Paul D'Amour, seconded by Abby Burns, and unanimously voted to approve the Minutes of the Meeting of November 18, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. • A motion was made by Abby Burns, seconded by Brian O'Keefe and unanimously voted to approve the Minutes of the Special Meeting of November 8, 1976 as copied and mailed to Members for advance reading. The Chairman declared the motion carried. Form A's Walter Sadoski - 3 Parker Court The Form A submitted calls for parcel B, consisting of approximately 372 square feet, to be added to Walter Sadoski's existing parcel to form one lot. Parcel B is now a part of Lot "A" owned by Dr. Joseph Cutler. A motion was made by Abby Burns and seconded by Walter Power to endorse the Form A as not requiring approval under the Subdivision Control Law. Abby Burns, Brian O'Keefe, Paul D'Amour, Bill Wheaton, Walter Power and Staley McDermet voted in favor of the motion with Ted Sadoski abstaining. The Chair- • man declared the motion carried. Minutes of Meeting of 12/2/76 Page 2 . • Charles Quigley and Herman Brettman Trustees - Loring Ave. Mr. Lavoie of Essex Survey Service, Inc. was present to explain what was intended. The parcel in question extends from Loring Ave. to the turnaround, consists of approximately 1.2 acres and is located in both B2 and R3 zoning. Both of these zoning districts have 100 foot frontage requirements. After a phone call to City Solicitor William Tinti, it was the sense of the Board to take this Form A under advisement and no vote was taken. Old Business Pickman Park Chairman McDermet stated that he has spoken to Attorney Beatrix and was informed that the restrictive covenants for the Pickman Park project have been approved. A motion was made by Paul D'Amour and seconded by Bill Wheaton that the Planning • Board temporarily adjourn the regular meeting and go into Executive Session for the purpose of discussing the Loring Hills Subdivision Plan curently in litigation. A role call vote was taken with the following results: Abby Burns - yes, Brian O'Keefe - yes, Ted Sadoski - yes, Paul D'Amour,- yes, Bill Wheaton - yes, Walter Power - yes, Staley McDermet - yes. The Chairman stated that the regular meeting would reconvene after the Executive -Session. The Regular Meeting of the Planning Board was reconvened after the Executive Session at 9:07 P.M. New Business Planning Board Budget for 1977-78 The Planning Board budget for the fiscal year 1977-78 has been submitted in the amount of $10,100.00. Fifteen-hundred dollars has been allocated for • Minutes of Meeting of 12/2/76 Page 3 • salaries and $8,600.00 has been allowed for expenses. An increase of $500, over last year's budget has been requested for',the General Advertising account in order to cover the increased advertising expenses for public hearings required -by the Board's becoming the approval granting authority for Planned Unit Development, Cluster Development, floodplain special permits and Wetland Special Permits. Additional Public Hearings will also be required for the updated Master Plan and probable zoning changes following approval of the Master Plan. An increase of $2,200. over last year's budget has been requested for the Mimeo and Printing Account to cover the following additional printing costs: a. Zeroxing associated with distribution of cases before the Board to various city officials and Boards as required by a new state law. • b. Possible additional printing expenses in connection with current litigation. c. Xeroxing of drafts for the Master Plan and revised zoning ordinance. d. Final printing of the Master Plan. Reminder The Planning Board Meeting of December 16, 1976 is to be held at 7:00 P.M. followed by a Public Hearing for Community Development Funds at 8:00 P.M. There will also be additional Public Hearings for Community Development Funds on January 10, 1977 and January 20, 1777. Board of Appeal Agenda The Agenda for the December 14, 1976 meeting of the Board of Appeal was discussed. It was the consensus of the Members that a letter should be written to Chairman Gray recommending that the petition of Thomas Greene and Thomas Straza be denied. Mr. Wheaton advised he would write the letter. Minutes of Meeting of 12/2/76 Page 4 Correspondence Staley McDermet informed the Board that the Planning Board is in receipt of a letter from City Engineer, Anthony Fletcher, stating he has reviewed the proposed zoning changes for the Flood Hazard District and has recommended no changes, Respectfully submitted, • • Ll„caw� h� C7ii# of "rrlettt, 4 1.4 Otte —4�alettt (Breen NOTICE OF MEETING Notice is hereby given that a regular meeting of the Salem Planning Board will be held Thursday, December 2, 1976, 7:30 P.M. , ' Third Floor Conference Room, One Salem Green, Salem Massachusetts. StaleycDermet Chairman • .ony **************CONFIDENTIAL************* 4���,CMDIU. � �It� lT{ �2T1PIIl� ��MSS2tCl�.USP�f� • � m tLi ,;` '�p �l�tttttitta �uarl MINUTES OF THE EXECUTIVE SESSION OF THE SALEM PLANNING BOARD, HELD DECEMBER 2, 1976, 8:20 P.M. , SECOND FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MASSACHUSETTS Members Present: William Wheaton, Abby Burns, Paul D'Amour, Walter Power, Tadius Sadoski, Brian O'Keefe, Staley McDermet Members Absent: Ray Sweeney The Chairman noted that the Executive Session of the Salem Planning Board was called to discuss the most recent compromise proposal from Mr. Quigley regarding Loring Hills. Chairman Staley McDermet noted that the case of Mr. • Quigley vs. The Planning Board had been heard in court on November 15, 1976. There was no clear feeling after the case had been argued as to what the decision of the court may be. Following this, Mr. Quigley called Attorney James Ronan with the following proposal. Mr. Quigley wants the Planning Board to accept the subdivision plan for Loring Hills and grant conditional approval on phased development and phased submission of plans. Mr. Quigley would then donate half of the value of the land the Planning Board has previously requested be turned over to the custody of the Conservation Commission, with the City purchasing the rest. Also, as part of the proposal, Mr. Quigley wants the Planning Board to give their approval to the construction of Marian Manor and the Nursing Home. The remaining land would consist of 600 units, as opposed to 360 units allowed under current zoning, with the buildings being up to 70 feet in height. • Minutes of Executive Session of 12/2/76 Page 2 • William Wheaton informed the Board that the conservation land has been assessed at $250,000. He spoke of the possibility of eliminating this part of the compromise if the remainder of the land (with the exception of parcels B and G) be placed under current zoning. It was the sense of the Board Members present that, with the exception of parcels B and G, it is most important that the remaining land remain under current zoning, especially as regarding height and density. The Planning Board is to inform the Conservation Com- mission of this proposed action. It was also pointed out that it would be impossible to grant "conditional" approval to a subdivision.plan. Approval can only be granted after the plans are presented in detail. Mr. Paul D'Amour informed the Board that Mr. Quigley has approached MHFA for a new loan. It was the sense of the Board that a letter should be written to MHFA from the Planning Department explaining the current situation of the Loring Hills Subdivision. William Wheaton is to speak to Greg Senko concerning this. A motion was made by Abby Burns, seconded by Paul D'Amour to accept the minutes of the Executive Session of November 8, 1976 as corrected. The vote was unanimous and the Chairman declared the motion carried. A motion was made by Paul D'Amour, seconded by Walter Power and unani- mously voted to adjourn the Executive Session of the Planning Board at 9:05 P.M. Respectfully Submitted, • Ctu of Planning �Ruarl js��umc�T One 0alent (Srtrn PLANNING BOARD MEETING 12/16/76 AGENDA 1. Approve Minutes of the Meeting of December 2, 1976 as copied and mailed to Members for advance reading. Motion Second 2. FORM A'S a. Salem Redevelopment Authority - Essex St, Church St., and Brown St. b. Salem Redevelopment Authority - Third Heritage Plaza-East Association 3. Old Business a. Pickman Park • b. Loring Hills c. Chapter 808 Zoning 4. New Business a. Salem Historical 'Commission - Local historic district in the Salem Common Area b. Application for Development Permit - William B. Lindsay 8 Charles St. c. Board of Appeal Agenda 5. Correspondence 6. Adjourn Motion Second ( i# of �ttle�u, ���ssttcl#use##s (ane Ottlpm (Arm MINUTES OF THE SALEM PLANNING BOARD MEETING HELD THURSDAY, DECEMBER 16, 1976, 7:00 P.M. , THIRD FLOOR CONFERENCE ROOM, ONE SALEM GREEN, SALEM, MA Members Present: Paul D'Amour, William Wheaton, Brian O'Keefe, Tadius Sadoski, Walter Power, Abby Burns, Staley McDermet, Member Absent: Ray Sweeney Also Present: Brian French, David Lash Chairman McDermet called the meeting to order with a quorum present at 7:00 P.M. A motion was made by Paul D'Amour, seconded by Ted Sadoski, and unanimously voted to approve the Minutes of the Meeting of December 2, 1976 as copied and • mailed to Members for advance reading. The Chairman declared the motion carried. Form A's Salem Redevelopment Authority - Essex St. , Church St. , and Brown St. The plan submitted showed a parcel over which there has been constructed a parking farage by the Salem Off-Street Parking Commission. The Salem Redevelopment Authority wishes to grant Parcels RC5-1 to RC5-5 shown on the plan to the Salem Off-Street Parking Commission. Parcel RC5-7 shown on the plan is to be conveyed by the Off-Street Parking Commission to the Salem Redevelopment Authority. A motion was made by William Wheaton seconded by Paul D'Amour and unanimously voted to endorse the Form A as not requiring approval under the Subdivision Control law. The Chairman declared the motion carried.; • Minutes of the Meeting of 12/16/76 Page 2 • Salem Redevelopment Authority - Third Heritage Plaza-East Association The Plan submitted showed the parcels that the Salem Redevelopment Authority wants to convey to the Third Heritage Plaza-East Association for the construc- tion of a mall under the municipal garage together with a public walkway, as well as the parcels previously conveyed to the Salem Off-Street Parking Commission. A motion was made by Bill Wheaton, seconded by Paul D'Amour and unani- mously voted to endorse the Form A as not requiring approval under the Sub- division Control Law. The Chairman declared the motion carried. Old Business Pickman Park , Staley McDermet informed the Board that he has spoken with City Solicitor, William Tinti and Mr. Tinti is going to contact Walter Power in connection • with Pickman Park. Loring Hills Chairman Staley McDermet informed the Board that there has been no change regarding Loring Hills. Bill Tinti is to contact Brian O'Keefe regarding future action. A letter signed by Greg Senko and Staley McDermet has been written to Mr. William White, Executive Director of The Massachusetts Housing Finance Agency, concerning the possible re-application for funding for Loring Hills. Chapter 808 Zoning Brian French spoke to the Board concerning the proposed 808 Zoning. He informed the Board that Bill Tinti had advised that the proposed zoning changes for the Flood Hazard District and the Wetland District be combined. Brian French also explained that the Wetland Mapping of Salem has been • completed. These maps are going to be available for review and comments by Minutes of Meeting of 12/16/76 Page 3 landowners and other interested persons from January 1st through February 28th, • 1979. A motion was made by Paul D'Amour, seconded by Brian O'Keefe and unan- imously voted that the Planning Board have a joint meeting with the Conser- vation Commission on Monday, March 7, 1977, at 8:00 P.M. for the purpose of responding to queries or further comments regarding the Wetlands Mapping. The Chairman declared the motion carried. A motion was made by Paul D'Amour, seconded by Ted Sadoski and unanimously voted that the Chairman be authorized to compile the proposed Zoning changes and send them to the City Clerk. The Chairman declared the motion carried. New Business Salem Historical Commission - Local district in the Salem Common Area Chairman Staley McDermet spoke to the Board of a letter he has received from the Salem Historical Commission regarding their proposed action of creating an Historical District around the perimeter of the Common. Chairman Staley McDermet is to write a letter to the Historical Commission supporting this action. Application for Development Permit The Board next considered the Application for Development Permit of William B . Lindsay to either divide the present large single family dwelling into six one-bedroom units, or divide it into ten rooms and a three-bedroom apartment to be used for a tourist home at 274 Lafayette St. A motion was made by Paul D'Amour, seconded by Ted Sadoski and unanimously voted to have a Public Hearing for this Application for Development Permit on Thursday, January 6, 1977 at 7:30'P.M. in the Third Floor Conference Room One Salem Green. The Chairman declared the motion carried. Minutes of the Meeting, of 12/16/?6 Page 4 • Board of Appeal Agenda_ The agenda for the December 29, 1976 meeting of the Board of Appeal was discussed. It was the consensus of the Members that a letter should be written to Chairman Gray recommending that the petition of George and Robert Maguire re- garding a house on Koscuisko Street be denied. Mr. Wheaton advised he would write the letter. A motion was made by Walter Power, seconded by Paul D'Amour and unanimously voted to adjourn the meeting at 8:15 P.M. Respectfully submitted, •