1983-PLANNING BOARD - 1983
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AGENDA--January 20 , 1983
1 . Approval of Minutes
2 . Form A--Robert Metzger
3 . Sign Ordinance variance--Hawthorne Square
4 . Tedesco Pond, Maine Post and Beam
5 . Board of Appeal agenda
6 . Old Business
7 . New Business
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(One Salem Green
AMENDED
MINUTES OF MEETING
January 20 , 1983
The Salem Planning Board met at One Salem Green, second floor,
on Thursdav, January 20 , 1983. Present were Donald Hunt,
Ken May, David Goodof, Abby Burns , William Cass , and Walter
Power. William Wheaton, Edward Stevenson, and Normand Houle
were absent.
Chairman Walter Power called the meeting to order at 7 : 40 p.m.
FORM A--ROBERT METZGER
Attorney George Vallis was present to discuss the request
of Mr. Robert Metzger for the exchange of small parcels
of land at 46'k Essex Street. According to the proposal
presented by Mr. Vallis, a small portion of Lot E is to
be added to the adjacent Lot F and a .small portion of Lot
• F is being added to Lot E. Both parcels are being taken
awav and added to existing lots containing buildings which
were in existence at the time the�`subdivision laws went into
effect.
Walter Power asked if the right of wav was the same as be-
fore. Mr. Vallis replied that it had been changed a bit.
Approximatelv one year ago Mr . Metzger received permission
from Board of Appeal to convert his anartment into a condo=
minium. At that time, he had to show parking for ten cars, so
the right of way was changed to benefit the condominiums and
provide access for the other apartments. Walter Power noted
that the plan showed two rights of way. Mr. Vallis concurred,
stating that this provided two-way access. He further added
that this plan is agreeable to all parties and will run with
the land.
Upon the motion of Ken May and second of David Goodof , the
Form A was apnroved, approval under the Subdivision Control Law
not required. It was so voted.
SIGN ORDINANCE VARIANCE
Mr. Paul Fennell from Salem Sign Co. was present to discuss
the proposal of Hawthorne Square Shopping Center to nlace
a new sign at the entrance to the mall . According to the Sign
• Ordinance, two signs with square footage based on frontage
are allowed. The mall would like to combine their allowable
square footage into one sign. All the tenants would be listed
on removable plastic panels which would be lighted from the
back.
Minutes of Meeting--January 20 , 1983 Page 2
• Abby Burns asked about the billboards across the road from the en-
trance to the Mall and it was noted that the Board has no control
over any billboard. Our jurisdiction is over the size of a pro-
posed sign.
There was some question as to whether the Board could control the
material from which the sign was made . The concensus was that
wood would be better than plastic . However , at present the lan-
guage in the ordinance does not address this point.
Upon the motion of Abby Burns and second of David Goodof, the
proposed sign was approved with the stipulation that only one
sign shall be constructed. It was so voted, with Donald Hunt
opposed.
TEDESCO POND
Mr. Stuart Abrams , an attorney, and Mr . Reed Blute of Maine Post
and Beam were present to discuss the proposed development of the
Tedesco Pond area. Mr. Abrams stated that they are now ready to
submit a Form B and Mr. Blute was present to give a preliminary
idea of their proposal. They are proposing twenty-four units for
the area and in the past eight weeks they have met with various
City officials to address the matter of water , sewer, utilities ,
• and they are doing some preliminary work on the water quality of
the pond itself . Captain Goggin has made some preliminary recom-
mendations as to the location of hydrants and the width of roads
to accomodate emergency vehicles . They plan one access only, off
Vinnin Street (Tedesco Street) and any other accesses would be
closed except for emergency vehicle use (breakaway gates are pro-
posed for this use) . The concept is to break the parcel into
eight separate roads that would combine into one common road with
common owners. The maintenance of the roads would be the respon-
sibility of the owners. Each building will contain, four living
units and there will be a total of six buildings . They will be
traditional salt box in style and they also propose several covered
garages, but this is not finalized as yet. They propose to
extend the sewer from Elm Avenue which will run down by gravity
feed to a pumping station. Electricity and telephone lines will
be underground. The water service will be brounght in from Lillian
Avenue and make a loop which will be completed at Peter Road. A
tennis court and jogging path around the pond are also being planned.
Forty-two parking spaces are proposed and a security gate is
planned for the entrance road. The width of the access toad is
twenty-eight feet at its narrowest point. In the cul-de=sac area,
Captain Goggin has requested a thirty-five foot turn around for
emergency vehicles. He further requested that all roads be no
less than twenty-eight feet in width. Along the area between the
development and the present residential area there will be a ten-
foot buffer zone with evergreen plantings. The units are approx-
1
t.
Minutes of Meeting--January 20 , 1983 Page 3
• imately the same size--two bedrooms with a third floor loft option.
There is , however, a considerable amount of flexibility in the interior.
Susan Madison asked what the total square footage would be. Mr. Blute
replied that there would be 750 square feet per floor plus the third
floor option.
Susan Madison asked what plans were being considered for the pond .
Mr. Blute replied that the pond is definitely the focal point of
the development and it was their desire to beautifv it as much as
possible. They would like to put ducks and geese there and
also find a way to meutralize undesirable elements coming from the
Stop and Shop parking lot. They would like to construct some sort
of natural underwater filter in the form of a wall which would retain
any sludge and silt. They are on the whole optimistic about bring-
ing the pond back. They hope to clean up the pond and also construct
a small island for any wildlife on the pond to nest.
Susan Madison asked if the price had been determined for these
units. Mr. ,,B'lute replied that the price would be in the neighbor-
hood of $90, 000 to start and gradually escalate . Thev_ plan to
complete the project within eighteen -months depending upon when
all avenues of necessary- permits , etc . have been completed.
• Donald Hunt asked what type of plantings were anticipated for the
ten-foot buffer zone . Mr. Blute replied that evergreens such as
Arbor Vitae were being planned. Donald Hunt asked if a fence
around the entire Property was anticipated. Mr. Blute replied
that some type of wooden fence in keeping with the general style
of the development was anticipated.
Walter Power asked about the placement of sidewalks . Mr. Blute
felt that some sort of nedestrian walk wav of crushed stone
would be better than a concrete sidewalk with curbing. Some
sort of rustic material would be desirable. -Walter Power noted
that snow- removal should be addressed and Mr. Blute agreed that
this would be considered further. The surface of the sidewalks
should be considered for ease of snow removal .
Walter Power asked what plans were being made for lighting. Mr.
Blute stated that they plan to have 'pole type carriage lights loca-
ted along the walkways and streets near the living units . A
similar style would be used at the entrance . Walter Power felt that
crime could be a problem and recommended this problem be addressed
further _particularly by keeping walkways free from dense foliaqe
and well lighted. D1r. Blute agreed.
Walter Power also noted that the garage placement could be altered
slightly to provide the abuttors a view of open landscape . Mr.
Blute felt this was- a good suggestion. He added that their intent
•
Minutes of Meeting--January 20, 1983 Page 4
• was to keep the access to garages as clear as possible as well
as keeping car-related activity to one area near the road.
Walter Power suggested that the plantings along the buffer were
very important. He also suggested that the development have some
kind of fence that is"close to and below the abuttors ' fences .
Walter Power asked about catch basins . Mr. Blute said no catch
basins were being planned, but there are subterranean catch basins
to which the City Engineer alluded.
Abby Burns asked if there was any concern with people driving on
the grass in light of no curbings being planned. Mr. Blute felt
that with people maintaining their own grass areas , etc . the
problem would be kept to a minimum.
Walter Power recommended that any planking ( i. e . railroad ties)
used in landscaping be firmly anchored. He also asked if any
mature trees on the property would be saved. Mr. Blute replied
they planned to save as many mature trees as possible .
Walter Power questioned the use of the breakaway gates . Mr.
Blute noted that three were planned for emergency use and they
were given preliminary approval by the Fire Department.
• In reference to the fence being planned for the entrance area on
Tedesco Street, Walter Power urged that the fence be substantially
placed in concrete to avoid vandalism, etc .
Walter Power asked if the abuttors would have access to the pond.
Mr. Blute stated that he personnally had no problem with allowing
public use of the pond; however, the owners of the buildings were
entitled to a certain amdunt of privacy, etc. Further, there is
a question of liability. Walter Power asked if any abuttors would
have the opportunity to join the Association then have access to
the pond and David Goodof noted that this still does not solve
the problem of liability.
Walter Power asked if twenty-four units was their final proposal .
Mr. Blute stated that there are two major financial investments
to be made ; the first being the clean up of the pond and the second
being the construction of the roads . The extra units will help
defray these very large expenses.
Mr. Blute noted that in his conversations with Marblehead, a
major concern was for the quality of their secondary water sup-
ply. It was felt .that some of the abuttors now using septic
systems could possibly tie into the municipal sewer line and
help alleviate some of this concern.
• Reed Blute also noted the large expense of landscaping the property.
There is no topsoil, etc. He emphasized that they want to have
Minutes of Meeting--January 20 , 1983 Page 5
• to do the entire project properly. Twenty-four units are
necessary to accomplish this .
Ken May questioned the concerns of the neighbors . Mr . Blute
stated that they will be meeting with the neighbors on Monday
evening, January 24 , to address their concerns.
Attorney George Atkins was present representing the neighbor-
hood. He stated that he represents thirty-five neighbors
of the area. In response to a suggestion by Mr. Atkins that
he was somewhat "left out" of the proceedings , Mr. Power noted
that this was only a preliminary meeting. Mr . Atkins suggested
that perhaps this type of meeting was improper and Walter Power
replied that it is in the best interests of the Citv for the
Planning Board to work with the developer to provide the City
with the best possible alternatives: Mr. Atkins felt that
particularly the cluster special permit could be affected
by this type of proceeding and Susan Madison replied that the
cluster special permit gives leeway to the Planning Board
so input from the developer is needed. Mr. Power added that
the matter would be referred -to the City Solicitor ,for his
opinion.
Upon the arrival of Mr . Stafford, he advised the Board that
• their practice-bf meeting with the developer did -riot'-appear `
to be inconsistent with their statuatory obligations .
PICKMAN PARK
The Planning Board had received a request from Salem Acres to
extend their cluster special permit and subdivision permit.
City Solicitor Stafford was present and submitted a legal
opinion regarding this matter. It was his opinion that
the cluster special permit could be extended if substantial
work had been done on the property or extenuating circumstances
could be shown. However, the subdivision plan approval had
expired and a new plan must be submitted and a public hearing
held.
Attorney Peter Beatrice and Mr. Paul DiBiase were present and
Mr. Beatrice stated that thev plan to resubmit the same
plan and are still interested in cooperating with the City.
They are anxious to begin construction now that the financial
climate has improved.
Paul DiBiase suggested the Board walk the area again and he
• will point out the grading , etc , which. has already, been done .
BOARD OF` APPEAL 'AGENDA
A letter will be sent to the Board of Appeal requesting that
• they deny the application of 347 Essex Street Realtv Trust
to locate their law offices at that location. It is the
feeling of the Planning Board that no extension of business
�.� Minutes of Meeting--January 20 ( 1983 Pane 6
should be done on Essex Street. There is also a narking nroblem
in the area and it was felt the reauirements of the zoning law
had not been met in this area , as well as the fact that it annears
the annlicant does not reside at 347 Essex Street as reauired.
OLD BUSINESS
Ken May has aqreed to draft the Planning Board ' s recommendations
regarding the Amusement Ordinance to the Citv Council . It
will be discussed further at our next meeting.
There being no further business , a motion was made to adjourn.
Having Passed unanimously , the meeting was adjourned at 10 : 45 P.m.
ResPect.fully submitted,
Dale E. Yale
Clerk
•
Cgitg of 'Salem, 'fflttssaC4usetts
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AGENDA--February , 1983
1. Form A--Raymond Beaulieu, Station Road
2 . Maine Post and Beam--Tedesco Pond
3 . Amusement Ordinance
4 . Board of Appeal agenda
5 . Approval of Minutes
(1li#g of Salem, '�ga6gaC4UsE##s
Planning poarb
AMENDED
MINUTES OF MEETING
February 3 , 1983
The Salem Planning Board met at One Salem Green, second floor,
on February 3 , 1983 . Present were Walter Power, Donald Hunt,
Ken May, Normand Houle , Abby Burns , Edward Stevenson, William
Wheaton (8 : 30) . David Goodof and William Cass were absent.
FORM A--RAYMOND BEAULIEU, STATION ROAD
Mr. Beaulieu and Councillor John Nutting were present to discuss
the plan Mr. Beaulieu proposes to divide his lot into two lots
in order to build a new home for a familv member. The road
extends to the extra lot and all utilities are in place. Mr.
Beaulieu plans to use a sewer ejector. Councillor Nutting spoke
in favor of this proposal and noted Mr. Beaulieu was an upstanding
member of the community.
• It was noted that both buildings on the land were there before
the Subdivision Control regulations were in effect in Salem.
Mr. Beaulieu was informed that if his Plan were re-drawn with
one .building on each lot, and each lot with one-hundred foot front-
age, it could be endorsed as not requiring approval as a subdivision.
MAINE POST AND BEAM--TEDESCO POND
Mr.. Reid Blute of Maine Post and Beam was Present. Several com-
ments have been received in response to the Form B application.
City Engineer Anthony Fletcher felt the design was in compliance,
the proposed looping of the water posed no problem to the water
pressure in the neighborhood, and no undue noise would be created
from the sewerage pumping station. The School Department had
several questions which were answered by Mr . Blute : 1)Timetable :
it is- estimated- that 50% of the project will be completed by
September, 1983 , and the entire project completed by Spring, 1984 :
2) Number of units: presently the plan calls for twenty-four
units; 3) Cost: the proposed cost is $90 ,000 to start, escalating
upwards; and 4) Estimated number of school-age children : it is
estimated . 4 children of school age per unit will reside in the
development. This information will be sent along to the School
Department.
• City Solicitor Stafford has ruled that the developer must obtain
a variance from the Board of Appeal for an attached housing de-
velopment in an R-1 district.
Mr. Blute reported that since he last met with the Planning Board,
Minutes of Meeting--February 3 , 1983 Page 2
he had met with the Conservation Commission and the neighbors .
• He noted the Conservation Commission' s major concern was with
the pond. Maine Post and Beam has engaged the services of Sea
Plantations to address the questions of the pond treatment. They
plan to file a Notice of Intent with the Conservation Commission
on February 10 , and hold a public hearing with the Commission on
February 24, 1983.
They have also met with the Police and discussed the matter of
emergency access. A number code system was recommended. The
Police further assured Mr. Blute there was no Problem in pa-
trolling the area.
Mr. Blute would very much like to get a sense from the Planning
Board as to the acceptability of. the 24-unit nlan. He will
get some figures together to help show the financial need of
this density. In general, he noted that certain amenities such
as the jogging path, tennis court, security gate , one breakaway
gate, an oversized sewerage pump to accomodate abuttors, a nesting
island in the pond for waterfowl, a percentage of the plantings ,
benches, fencing, etc. and a cutback in the actual' planned work
on the pond would suffer with a change in density.
As far as the attached units was concerned, the consensus of the
Board was they saw no objection to this type of unit.
• Mr. Blute noted they are scheduled for the Board of Appeal meeting
of March 16 , 1983. He would appreciate a recommendation from
the Planning Board prior to that time.
Donald Hunt and Walter Power attended the neighborhood meeting
with the developers and discussed some of the neighbors con-
cerns : water pressure , emergency accesses , snow removal , vibration
from the pumps cracking a swimming pool, R-1 zoning, Elm Street
sewerage capacity, use and view of the pond, drainage , rats being
forced out of the pond area due to construction, the possible
leasing rather than sale of the units. Mr. Hunt noted that
density and open space were the biggest problems . Mr. Blute
stated they were doing their best to answer the questions of the
neighborhood. The water pressure issue,the pump vibration question,
and the Elm St. sewerage capacity question have already been
addressed by City, Engineer Fletcher .
Mr. Blute will return to our next meeting with some further figures
to help the Board determine their role in addressing the density
issue.
AMUSEMENT ORDINANCE
Ken Mav distributed a draft of the recommendations made by the
Planning Board regarding the proposed amusement ordinance. Fol-
lowing a brief discussion, upon the motion of Normand Houle and
• second of Abby Burns, the draft was accepted and will be sent to
the City Council. It was unanimously voted (draft attached hereto
and made a part hereof) .
Minutes of Meeting--February 3 , 1983 Page 3
• BOARD OF APPEAL AGENDA
Two petitions before the Board of Appeal will be addressed by the
Planning Board: The Planning Board opposes the petition of Mr.
Roger Tramblay for a variance to convert to a three-family
dwelling unit at 34 Willson Street (R-1) on the grounds that
there is a parking problem in the area and it expands the multi-
family use of an R-1 area; the Planning Board further opposes the
Petition of Mr. George N. Papamechail for a variance to construct
ten two-bedroom apartments at Tremont Place and Irving St. (R-2)
on the grounds of too high a density for the area.
MINUTES
Upon the motion of Abb_v Burns and second of Donald Hunt, the minutes
of January 6 , 1983, were approved as amended. It was so voted.
The minutes of January 20 will be addressed at our next meeting.
There being no .further business, a motion was made adjourn.
Having passed unanimously, the meeting was declared adjourned
at 10 : 20 p.m.
Respactfully submitted,
Dale E. Yale
Clerk
•
• February 4 , 1983
Salem City Council,
Stephen P. Lovely, President
City Hall
93 Washington Street
Salem, Massachusetts 01970
RE: Proposed Amusement Ordinance
Dear President and Members:
Pursuant to the requirements of Section 5 of Chapter 40A of
the General Laws , the Planning Board has reviewed a proposed
amendment to the Zoning Ordinance regulating amusements and has
held a joint public hearing with the City Council with respect to
the proposed ordinance. This letter constitutes our report to
the City Council on the proposed ordinance.
We recommend that the proposed ordinance not be passed in its
present form. We are concerned that the proposed ordinance will
regulate uses other than video games and similar devices not
. appropriate for regulation in the manner proposed. Secondly, we
feel that one or two amusement devices accessory to a permitted
use are not appropriate for regulation by the Zoning Ordinance,
particularly where the Licensing Board has supervision over the
issuance and continuation of permits for such devices. However ,
we recommend and support the passage of an amendment to the
Zoning Ordinance regulating amusement arcades. We recommend that
an ordinance effecting such amendment contain the elements set
forth below.
The ordinance should prohibit "Amusement Arcades" in all
Residence and Industrial Districts and the B-1 Business District.
Amusement Arcades would be permitted by special permit only in
Business Districts- other than B-1. An Amusement Arcade would be
defined as any establishment ( i) with three or more devices
regulated by Section 177A of Chapter 140 of the General Laws
( "commercial amusements" ) or ( ii) with any commercial amusement
not accessory to a primary permitted use. We would recommend
that the ordinance place the responsibility for the issuance of
any such special permit with the Board of Appeals and that the
ordinance direct that no special permit be granted without
specific findings being made.
•
In particular , we would suggest that the Board be directed to
• find the following prior to the issuance of a special permit:
1. That adequate security will be provided . This could be
expanded upon in the ordinance itself after a determination has
been made as to what security arrangements would prove to be most
appropriate .
2. That adequate arrangements will be made to ensure that
such an arcade will not be open to school age children during
school hours. Again, specific requirements as to hours of
operation and access to children could be set forth in the
ordinance .
3. That the operation of such an arcade would not create any
significant increases in vehicular or pedestrian traffic in the
area of the arcade and that a certain number of parking spaces be
provided for each amusement device.
4. That adequate arrangements will be made or precautions
will be taken so as to prevent the arcade from becoming a public
nuisance from the point of view of noise, trash generation and
the like.
5. That adequate sanitary facilities will be provided on the
premises of an arcade for the use of its customers.
• 6. That adequate screening and noise barriers will be
provided to shield other incompatible uses from the visual and
aural effects of an arcade.
7. That the granting of a permit will not be injurious to
the health, safety, convenience, morals , or welfare of the
inhabitants of the City of Salem. In particular , the Board
should be directed to consider the density of such uses and the
proximity of such use to schools and residences.
We would suggest that the ordinance be drafted so as to
require specific findings by the Board that such general require-
ments have been satisfied prior to the issuance of a special
permit. We would also suggest that the ordinance allow the Board
of Appeals to impose such additional conditions as to hours and
method of operation as the Board shall determine to be necessary
or appropriate to satisfy the specific concerns outlined above
and as shall be necessary or appropriate in the circumstances to
protect the health, safety, convenience , morals and welfare of
the inhabitants of "the City of Salem. Finally, we would suggest
that any such permits be limited in duration, either by the
ordinance itself or by action of the Board of Appeals. This
•
2 -
would permit the automatic periodic review of the operation of
any arcade by the Board of Appeals.
Our recommendations are based on our view that a collection
of video games and other amusements into an amusement arcade is a
use for which regulation is both necessary and appropriate in the
City of Salem. On the other hand, we do not feel that one or two
video games or other amusements accessory to another principal
use creates a problem of a magnitude necessary to either prohibit
the use altogether or require that a special permit- be obtained
for each and every such amusement. In addition, we feel that use
of special permit for the amusement arcade use with specific
findings by the Board of Appeals will allow for regulation based
upon individual circumstances and will allow for periodic public
comment on such permits . In this way, the Board of Appeals will
be in a position to respond to the needs and desires of the
public and the performance of arcade operators in individual
instances.
Respectfully submitted ,
co&#fA row EA*i
Walter B. Power , III
Chairman
City of Salem Planning Board
3 -
9N.
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(1�ifg of 'Salem, Abosac4usEffs
Planning Puartl
sem"° `Oaf Wur .Oalrm (Arren
AGENDA--DECEMBER 1, 1983
1. Public Hearing--PUD. Fafard
2. Tedesco Pond, Maine Post and Beam
3. Carriage House, Ordinance update
4. Budget review
5. Approval of Minutes
6. Old Business
7. New Business
•
•
Ctg of 'Salem, (70 assac4usetts
Plattttittg *artl
(Our Oalrtu Garr
MINUTES OF MEETING
December 1, 1983
The Salem Planning Board met at One Salem Green, second floor con-
ference room, on Thursday, December 1, 1983. Present were Ken
May, Abby Burns, David Goodof, Normand Houle , Edward Stevenson,
Walter Power, Donald Hunt, Bill Cass, and ' Planning Board Aide Charles
Frederiksen.
Chairman Walter Power called the meeting to order at 7s40 p.m. '
r
MAINE POST AND BEAM 1
Attorney Stuart Abrams was present to present a revised plan for
the area known as Tedesco Pond in Vinnin Square . He gave the Board
a general overview of the plan and noted the development is based
on the cluster principle . It was felt that if theslots" have ln-
dividiial. buildings with appropriate side yards , etc. , the Planning
Board may be able to act on the plan independtly. The plan he
presented shows the same general plan, except with the buildings
• being detached. The plan also shows .twenty units , which is be-
low the allowable density for the area (R-1) . Under •tte Cluster
Special Permit, the Planning Board can waive the foundation and
lot area requirements, but does not have jurisdiction over side-
yard. The plan now shows individual yards ,fo`r each building, plus
common land areas owned by the condominium association. Additionally,
they plan to construct the duck island and clean the pond as they
did originally.
Mr. Abrams presented an application for a Form B and will submit
for a definitive plan early in 1984. (see p. s for further discussion) .
FAFARD--PLANNED UNIT DEVELOPMENT
This evening' s meeting was to be a public hearing on the proposed
Planned Unit Development off Highland Avenue. However, it is the
opinion of the City Solicitor that this evening's meeting cannot
be a public hearing due to inadequate time span for advertising.
Therefore , this evening' s meeting will be conducted in the same
manner as a public hearing and a new hearing date will be set up
for December 19, 1983. At that time , this evening' s meeting min-
ute will be entered into the record so that all discussion will
be part of the public record. This was agreeable to all parties.
Chairman Walter Power noted that the Planning Board is interested
in getting a second entrance from First Street into the iear_of;the
• present 'shopprng area. , and they would very .mnchlike to resolve-this issue'
The fact that a representative of Consolidated Properties is present
1
Minutes of Meeting--December 1, 1983 Page 2
this evening could be helpful in dealing with this issue .
Attorney John Serafini stated that the plans presented this evening
are detailed plans which have been discussed at great length with
the Planning Board previously. This proposal involves between 135
and 140 acres of land and is merely one segment of several PUD
applications that are going to be made in the future . The project
will take approximately five years to be completed in its entirety.
He noted that one tenant, Boston Traders , has already agreed to
locate in this first area and as soon as the road lay-out is ap-
proved, the agreement will be finalized. This will begin the oc-
cupation of the industrial space . Mr. Serafini noted this is the
first formal industrial. park in the City. Three-hundred thousand
square feet of industrial space is anticipated. Further, 250,0000
square feet of commercial space and seventy residential units are
anticipated for this PUD. First Street will be completed to Swamp-
scott Road; also Traders Way will be constructed as an access into
the project area. New lights will be placed at two control points
on Marlborough Road and will be placed as part of a grant received
by the City for road construction. The roads, upon completion,
will be turned over to the Cit and constructed under the auspices
of the City. Mr. Serafini added the total project will consist
of several phases, the next of which will be presented for appli-
cation in the Spring of 1984. The Environmental Impact Report
has been reviewed and approved by the State and all concerns
raised during that review were addressed. The Fafard Company
• has been working with the Conservation Commission for the past
nine months on an overall draft Order of Conditions which will be
completed shortly. If the full realization of the PUD comes to
pass, $250,000 - $300, 000 in new tax revenue will be generated.
Mr. Serafini then introduced Mr. Gerard McNeil of Fafard to present
the plan in detail to the Board.
Mr. McNeil, a landscape architect, presented the plan to the Board
and stated first that plans -are well underway for the road construction
Mr. Serafini mentioned. All roads will be constructed to City
specifications and will be turned over to the City upon completion.
They further plan internal circulation roads within and between
their proposed development area and the Hawthorne Square Shopping
area. A 20' easement has been included in the plan which goes
adjacent to- the proposed Boston Traders lot up to the property
now owned by Consolidated Properties (owners of Hawthorne Square) .
The Planning Board has strongly recommended this access be pro-
vided and it is hoped that negotiation can be carried on in this
regard. Mr. McNeil further feels that the Police and Fire Depart-
ments would agree this access would be beneficial.
Mr. McNeil went on to describe the circulation and parking plan
for the project. Good internal circulation and parking with safety
and snow removal and storage have been foremost in preparation of
• the plan. They have also discussed the plan with fire safety in
mind. A separate service and delivery area has been planned, so
there will be no service vehicles in front of the commercial areas.
• Minutes of Meeting--December 1, 1983 Page 3
The area along First Street is quite steep and it is felt that area would most
likely serve as a buffer.
Mr. McNeil noted that the plans as shown depict typical types of tenant use.
There are no firm tenants beyond Boston Traders as yet. Boston Traders parcel
has already received Form A approval, but is shown on the PUD plan as well.
The Planning Board will have site plan approval over each parcel as it is leased.
What is currently shown on the plan is the maximum use of the particular
parcel.
On the east side of First Street, housing units are shown with a density of
eight units per acre. The maximum allowed under the zoning laws is eleven
per acre. They anticipate constructing quadriplex units and hope to go to
seven units per acre to spread the density out further. Mr. McNeil further
noted that the proposal they are presenting is an excellent example of what
a Planned Unit Development concept should represent.
Mr. McNeil then presented a site plan with two major buildings proposed--
one of 100,000 square feet and one 65,000. Two tenants will occupy one
building and one tenant will occupy the other, plus there is a possibility
of satellite stores attendant to one of the sites. The ability to get from
one shopping center to the other (the present Hawthorne Square) is shown and
care has been taken to provide easy access between them. Mr. McNeil stated
• that no buildings Higher than one story will be considered. Further, in
response to a question from Donald Hunt, they are not considering an enclosed
type of shopping mall. Ed Stevenson questioned the positioning of the stores
shown on the plan and Mr. McNeil replied this has not been finalized as vet.
He reiterated his- committment to individual site plan review by the Planning
Board. Ed Stevenson asked if a pedestrian crosswalk was being considered and
Mr. McNeil felt the cars would likely go to the first available entrance, so
this was not necessary.
Ken May raised the possibility of off set type of entrances and Mr. McNeil
did not rule this out, but noted that they are trying to make as few curb
cuts as. possible.
Donald Hunt stated' the Board"s- feeling that some negotiations with Consoli-
dated should be initiated immediately. Mr. McNeil concurred. Donald Hunt
felt this should be resolved if possible by December 19
Walter Power stated 'the Board's concern that all phases of this project are
compatible..' Mr. McNeil stated .this could be made part of the special permit.
This would allow- the Planning Board the proper control.
There followed several minutes of discussion regarding the parcel next to Burger
King that Fafard does not own which forms an integral portion of the project. Mr.
McNeil stated that he';could offer no guarantee of what would be built on that
parcel. He, however, will .try to find out more about the property and its owner.
The Planning Board suggested the developer consider purchasing that parcel for
• the fenefit of the overall site control.
Minutes of Meeting--December 1, 1983 Page 4
• Walter Power questioned whether all areas of question in the environmental
impact statement were addressed and Mr. McNeil stated that everything was
addressed in the MEPA process in great detail and those few areas where an
issue was not covered, they will answer.
Mr. Mark Glovsky, representing Purity Supreme noted that the numbers of
commercial vs industrial space have changed dramatically from what was ad-
dressed by the Environmental Impact Report. He also raised some concerns as
to access and egress, traffic congestion. He will discuss this further with
Mr. Serafini and Mr. McNeil. He added he does have some questions which need
to be answered. Walter Power stated the Planning Board will do their best
to address all areas of concern to the betterment of everyone.
Leslie Stein, Manager of the Hawthorne Square Mall, stated that the question
of an easement to provide the access road the Planning Board is interested
in constructing can be discussed, but she may not have an answer by December
19. She further raised the concern of the accesses. It was her opinion that
people will still use the Burger King entrance. Walter Power noted that he
feels First Street will unload Highland Avenue to a considerable degree which
will be beneficial.
Ken May asked what rights there are for access between the land to the Northwest
of the shopping center and Mr. Serafini stated they would put a reservation
in the deed for the benefit of all remaining land of Highland Realty Trust.
• The issue of the ratio of commercial vs. industrial use was raised again. It
is hoped that more industrial use can be obtained for this area. Ken May
felt there should be some way we could assure the project would not at some
future time become mostly commercial. Mr. Serafini felt the special permit
should provide for this, but he does not envision any particular problem
with this issue. He felt some sort of ground rules can be set in the con-
ditions for the permit. Following further discussion, it was agreed the
balance of the development should be industrial.
Mr. George Humann of Purity Supreme asked what advantage the PUD serves if
the use is going to be mixed and Walter Power explained that the Planning
Board has a larger overview of the total project under a PUD, as well as
allowing the mixed use of a parcel. The Planning Board is interested in
developing a plan for the whole project area rather than piecemeal.
Donald Hunt complimented Mr. McNeil on the' proposed parking plan. Both Mr.
McNeil and Mr. Serafini reiterated their desire to allow the Planning Board
sole control of this project which allows them to have the most comprehensive
view, rather than going to Board of Appeal for garden' type apartments, etc.
Mr. Serafini noted how- well this type of'approach worked in Ashland--a mixture
of multi-family, commercial, and industrial. This approach is orderly and
works very well.
Attorney- Glovsky raised the issue of the' EIR not addressing all the property
under consideration. Mr. McNeil replied this was due to the fact an additional
• purchase of property was -made to accomodate road changes. Mr. Glovsky felt
an amendment to the EIR was necessary and Mr. McNeil will study this issue
further."
' y r
Minutes of Meeting--December 1, 1983 Page 5
• Bill Cass asked how realistic it was to occupy the area with industrial uses.
Mr. McNeil replied there are several potential tenants already and the
company employs people who actively seek the desired occupants.
There being no further questions or discussion, the public hearing will be
held on this application on December 19, 1983.
MAINE POST AND BEAM
The Planning R-o-a—ra briefly returned to the plan presented earlier by
Maine Post and Beam regarding Tedesco Pond in Vinnin Square. Following some
discussion, it was agreed the Board would like to make sure the pond
would be cleaned as previously planned (including the filtration system
and the nesting island) , the jogging path would still be included with the
footbridge over the pond, and they would also like to see certain amenities
such as a tennis court be provided with the project'. The Board members
are asked to think about this further and come back with their recommendations.
CARRIAGE HOUSE ORDINANCE
Final language regarding this proposed ordinance will be sent out to each
Board member for review and a public hearing will be held in early 1984.
MINUTES
Upon the motion of David Goodof and second of Abby Burns, the Minutes of
November 3, 1983, as amended. It was so voted, seven in favor, none opposed.
• PICKMAN PARK
Charlie Frederiksen noted that Pickman Park has re-submitted their Definitive
Subdivision Plan and has requested a public hearing in the near future.
It was suggested our January 3, 1984, meeting be a working meeting on Pickman
Park and the public hearing be tentatively scheduled for January 19, 1984.
BUDGET
The Board has been requested to level fund each line in the budget. Fol-
lowing some discussion regarding this, it was decided to empower the Chairman
to request an increase in salary for the Clerk from the Receipts Reserved
Account at his discretion.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was declared adjourned at 10:20 p.m.
Respectfulll`y submitted,
0V.JC l lX-L, ` yi
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Clerk
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AGENDA--December 19, 1983
1. Form A--Robert Bramble, 6-10 River Street
2. Public Hearing--PUD, Fafard Co.
3. Maine Post and Beam
4. Carriage House Ordinance
5. Board of Appeal agenda
6. Old Business
7. New Business
8. Approval of Minutes, November 17; December 1
•
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MINUTES OF MEETING
December 19, 1983
The Salem Planning Board met at One Salem Green, second floor con-
ference room on Monday, December 19, 1983. Present were Abby Burns ,
William Cass , Donald Hunt, David Goodof , Kenneth May, Normand Houle ,
Walter Power, and Planning Board Aide Charles Frederiksen. Edward
Stevenson was absent.
Chairman Walter Power called the meeting to a-rder at 7140 p.m.
CARRIAGE HOUSE ORDINANCE
Planning Board Aide Charles Frederiksen distributed copies of pro-
posed wording (attached hereto and made a part hereof) . Ken May
felt there should be some clarification of parking requirements
and the intent of the ordinance to preserve carriage, ho'use's as an
accessory use to a building on a large lot, rather than encouraging
dividing up a lot with a new structure being built on on of the lots .
• Following further discussion, it was decided these issues can be de-
termined following the public hearing. Upon the motion of Abby
Burns and second of David Goodof, , a letter will be sent to the City
Council suggesting a public hearing be held on the proposed ordinance
change (Attachment A) as conveniently soon as possible after the
new year. It was so voted.
PUBLIC HEARING--PLANNED UNIT DEVELOPMENT , FAFARD COMPANY
Chairman Walter Power read the notice of the Public Hearing. He
then introduced Attorney John Serafini, representing the applicant.
Mr. Serafini noted that this project has been in the making for
some time. The Planning Board has reviewed the project on several
occasions, as has the Planning Department . Other City departments
and Boards have also been working on this project for some time .
This project is unique in that it is the first time the Planned Unit
Development application filed in the history of the City. The con-
cept of a planned unit development is new for Salem and in drafting
this section of the zoning ordinance , it was felt this type of de-
velopment would be good for Salem in the handling of large tracts
of land as a "one-stop" process which would give the Planning Board
the responsiblity for overseeing and approving the development. Mr.
Serafini went on to state that Highland Avenue has been largely
the same for the last twenty years and the zoning has been the same
for the last fifteen years, so , other than variances , the general
Minutes of Meeting--December 19, 1983 Page 2
• zoning of the area has been unchanged--B-2 for 400' back from High-
land Avenue . In the case of this particular property, the balance
of the land is zoned industrial up to the proposed end of First
Street, and R-3 from there back to Highland Avenue . The overall
project of the Fafard Company will involve 160 acres of land and
will take between three and five years to complete . The project
is multi-use--residential, industrial, and commercial. To insure
an orderly development a break down of PUD's was proposed. The
PUD proposed this evening will cover areas that are properly zoned,
but will combine them. By putting all three uses together, the
requirements of the Planned Unit Development are met. All concerns
raised in the Environmental Impact Statemet and Environmental Im-
pact Report for the state have been addressed. They feel the pro-
ject has been extremely well-planned and, when completed, will be
a combination of' 185,000 sq. ft. of commercial, 210 ,000 sq. ft. of
industrial and 176 units of residential housing. In the future ,
other PUD applications will be filed. The interest.. iri'this par-
ticular PUD has resulted in the approach' of' a number of interested
parties as potential tenants to the Building Inspector"and the
Planning Department. One,. such tenant, Boston Traders, is in the
process of finalizing plans to occupy space which has been previously
approved, but which forms an integral portion of the PUD area.
They have recently requested `to increase their space from 5* to
8 acres to allow for future expansion. The Mayor-elect has lent
his support to industrial development for Salem, as has the out-
going Mayor, Jean Levesque . Mr. Serafini noted the Fafard Company
• has an excellent reputation and the project will be good for the
City, including an anticipated $60,000 ,000 in new tax revenue
and between 2500 and 3000 new jobs. This is a unique opportunity
for the Planning Board to oversee the development of a large-
scale project without the usual segmentation.
Mr. Serafini then introduced Mr. Gerard McNeil of the Fafard Company
to present the proposed plan. Mr. McNeil stated he is a Landscape
Architect with the Fafard Company, 290 Eliot Street, Ashland. He
noted the propsed plan is the highest and best use for the area in
question. He has been before the Planning Board many times and has
outlined the entire project to the Board. This is but one phase
of the total project, as outlined by the •requirements of the zoning
ordinance . In developing this particular PUD care was taken to
keep the proposed use compatible with the surrounding area. Traffic
circulation was largely considered as well.
Regarding the industrial portion, "block" configurations are shown
on the plan now which depict the maximum square footage allowed.
The final square footage will depend upon the tenant, but will likely
be less. The plan shows what "could be . "
The commercial portion shows a definite committment for an occupant.
Also, the Fafard Company has c6mmitted to the completion and upgrading
Qf roads . First Street will be completed to Swampscott Road and a
Minutes of Meeting--December 19, 1983 Page 3
connector road will be built out to Marlborough Road from First
Street. Additional signalization will be provided to alleviate
anticipated traffic problems in the area. Internal traffic cir-
culation has also been considered. Circulation between the two
shopping centers (Hawthorne Square and the proposed new commercial
area) has been provided for and an additional entrance and exit
has been planned as well. An access from the rear of the Hawthorne
Square Shopping Center out to First Street has been planned at
the request of the Planning Board which would triple the access
to the combined shopping--areas , allows for full circulation patterns ,
and provides access to the residential area. (Note that negotiations
regarding the completion of the access from First Street to the
rear of Hawthorne Square are not completed. ) Mr. MacNeil noted
that First Street will serve as a physical buffer . to divide the
industrial and residential areas. A landscaped buffer strip will
also be included here . The residential area shown on the plan al-
lows for eight units per acre. He noted the entire project an-
ticipates a total of 700 residential units over the next five years .
They are currently negotiating with the City to obtain additional
land to spread these units over a larger parcel; however, they are
within the allowable zoning to build the planned number of units
on the parcels they currently own. They anticipate the units to
be 1 and 2 bedroom condominiums with open space and recreational
areas. Complete lay-out plans , etc. will be available to the Plan-
ning Board for their approval before any work is commenced. Fur-
ther, the Planning Board will have site plan approval for each tenant
as they are leased and plans are finalized. They are now asking
for approval of the locations of the buildings only, subject to
additional laws and ordinances. Mr. MacNeil stressed the developer' s
desire to make sure all housing is compatible with each phase and
with the surrounding area. Their proposal is compatible with the
Master Plan and in compliance with the requirements of the zoning
ordinance .
Ken May raised the issue of trash disposal in the commercial area.
Mr. MacNeil replied it is contracted out to a private collection
firm. Ken May observed that the ability of the intersections to
handle traffic depends upon the residential access through the golf
course which has not been negotiated as yet. He asked if there
were any contingency plans if this is not able to be negotiated.
Mr. McNeil replied that some reassessment would be made and could
be handled in the second PUD. He added that this was taken into
consideration in the planning of the continuation of First Street.
. 3 He added that any eventuality of a change
can be addressed in the second PUD application. Ken May raised
the issue of the commercial vs. industrial square footage being
changed and Mr. McNeil replied the charges are being analyzed by
the Secretary of Environmental Affairs now and a new scope will
be issued if necessary for review and comment. Any approval of
this evening' s PUD plan could be contingent upon the requirements
of the Secretary's review.
• Mr. McNeil noted that the company has been working with the Mass-
Minutes of Meeting--December 19, 1983 Page 4
• achusetts Historical Commission and the local Historical Commission
to integrate an ancient way discovered on the property into the
open space area of the condominium section.
Normand Houle asked who owns the land next to Burger King and Mr.
Serafini noted that the Fafard Company has an option on that par-
cel. Mr. Howard Fafard of the Fafard Company added that the only
problem with acquiring this parcel is competing financially. He
wished to assure the Board they are doing everything possible to
acquire "this parcel.
Donald Hunt asked if the altered plan which allows for more commer-
cial area will have a detrimental effect on the downtown. Mr. Mc-
Neil explained that the reason there is now additional commercial
area is because of the recommendation that the connector from First
Street to Highland Avenue be relocated. In order to do this , an
additional parcel of land was purchased so now there are four ad-
ditional acres of commercial area. He added they recognize the
goals of the Master Plan and plan larger stores which would pro-
vide advantage to consumers. They anticipate four large stores with
smaller sattelite service stores. This would cover a total of
140,000 square feet.
Ken May asked if the developer would have any opposition with
• restrictions being placed in the permit as to the size of the
main stores. Mr. Fafard replied they were not opposed in any
way to restrictions on the commercial and industrial use . They
plan to lease their industrial areas to "clean" types of industrial
uses; i, e. Boston Traders. They will work closely with the Plan-
ning Board. They wish a convenience , strip type of shopping mall
with no boutiques, etc. This would not be an internal mall.
Donald Hunt raised the issue of impact on the schools and Mr.
McNeil cited a study done while he was City Planner in Worcester
which found that this type of development would have minimal im-
pact on schools whereas if the housing were subsidized, there
wou.Ud be greater impact. Several studies support this premise .
Donald Hunt felt there was a desire by single parent families for non-upkeep condos.
Walter Power stated that a condition of the special permit would
be site plan approval for each of the new occupants. Mr. McNeil
concurrred, stating that they wish to work in partnership with
the Planning Board. Walter Power added the =Planning Board would
like guidelines as to the type of landscaping ''that is anticipated.
The Planning Board would like input in this as well. Mr. McNeil
agreed and added they intend to incorporate green space into their
parking lot areas and design them for beauty as well as economy.
They anticipate islands for snow storage and pedestrian through
ways. Walter Power added it is hoped this type of parking area
will have an effect on the Hawthorne Square parking lot as well.
• Walter Power felt a condition should also be included in the permit
4s to the stockpiling of materials on site and hoes much land is
Minutes of Meeting--December 19, 1983 Page 5
• disturbed at one time . Mr. Fafard replied this was no problem.
Normand Houle asked about a Clerk of the Works and Mr. McNeil
replied under the Subdivision Control Law a Clerk of the Works-
is required and is reportable to the City Engineer. In addition,
the Conservation Commission wishes input into who is hired so that
he may oversee the project from their viewpoint as well.
Walter Power stressed the Planning Board' s desire for the access
from the rear of Hawthorne Square to First Street, and Mr.
Serafini replied that is already a reality up the end of their
property and he will look into the legal aspects of eminent domain
taking, etc.
Mr. Alan Culler, attorney for Caldor stated that all the tenants
of the Hawthorne Square were not consulted regarding this project
at all.
There followed considerable discussion as to the commercial vs .
industrial space being planned. Some guarantee of the industrial
space being utilized is desired. Mr. Fafard replied there is
no way he can guarantee tenants, but would accept any condition
that is reasonable from the Board. He added they can hold up
approval of the site plan if the balance is seen to be unaccepta-
ble. The Planning Board has complete control over this. He
added that even though it seems the commercial area has grown,
• Boston Traders, which forms an integral part of the development
has just requested additional space to occupy 200,000 square feet.
Mr. Richard Bencal, 19 Goodell Street, Salem felt the impact of'
the development on the downtown would be adverse . He felt the
traffic problems on Highland Avenue would be increased and he
also felt Caldor and the other tenants in Hawthorne Square should
have been consulted. Mr. McNeil replied they anticipate a regional
type of shopping center located on a state highway compatible with
existing development in the area with parking and traffic needs
being met. Mr. Bencal felt there was a potential drain on City
services with this development and Mr. McNeil replied that the
$255,000 per year in taxes being generated by this project should
more than compensate . Mr. Serafini added that the services have
been studied and fould to be adequate--there is a new trunk sewer
line on First Street.
Regarding the impact on the downtown commercial area, Normand Houle
felt the Planning Board could not decide specifically what would
go into a development. Mr. Culler from Caldor agreed, but felt
further studies as to the viability of the shopping center and its
impact on the community should be done .
Mr. M. Getenback , representing Demoulas' stated a study had been
done and the location is ver viable--400 new obs will be created
and the consumer will benefi from the competition. Also Caldor
•
Minutes of Meeting--December 19, 1983 Page 6
• will benefit from the increased activity in the area.
Mr. Theo Philophidas of Waite Lumber spoke in favor of the pro-
posal.
Mr. Jerry Ouellette , 19 A Wilson Street, feels the value of his
property will go down and Wilson Street will become a major road-
way. The traffic is already bad in the area. He will consider
leaving the City.
Mrs. Saffar, 44 Outlook Avenue , felt the Marlborough Road and Swamp-
scott Road issue should be studied further. Traffic is already very
bad on those two roadways. She also pointed out that Hawthorne
Square had empty stores now--could we support any additional stores?
Mr. Jim Rhodes, 331 Essex Street, expressed concern over the turn-
over of tenants as well. He also noted that access to the area
from other communities is very bad--no connector road--so people
would rather drive a little farther with less hassle . Walter
Power noted that larger stores are anticipated to support the
smaller ones. Also efforts are being made to provide additional
accesses and reduce traffic loads on Highland Avenue .
Mr. Rick Ragone of Lynnfield, owner of property on Swampscott Road,
wished to speak in favor of the project. He has seen the Fafard
project in Ashland which is very similar to this one and Salem
• "should feel blessed" to have this developer here .
Mr. Mark Glovsky, an attorney with offices at 8 Washington St. ,
Beverly, representing Heartland, pointed out the change in the
amount of commercial space has not been adressed in the EIR . This
changes the traffic impact, etc. In order for the Planning Board
to grant the special permit several questions must be answered.
He raised the issue of the Master Plan compliance . The Master
Plan requests retail activity which would pose no competition to
the downtown and also raises the issue of traffic and drainage,
problems. He introduced Mr. Richard Tayonne of GHR Engineering
who has prepared a report which addresses the problems raised
by the addition of commercial space not addressed in the EIR .
(report on file in the Planning Board office) . It was noted by
Mr. McNeil that a new scope is being prepared by the Secretary of
Environmental Affairs which will address the changes. Mr. Rayonne
raised the issue of traffic, air pollution, and drainage. In
response to a question from Ken May, Mr. Rayonne stated he has no
conclusion. Ken May asked if Purity Supreme/Heartland had a stated
opinion. Mr. George Humann of Purity Supreme stated that he felt
a complete marketing .study should be done. He added they are op-
posed to the project to the extent that they understand there are
still many questions to be answered. Mr. Culler of Caldor added
they are not opposed in_..principle to the proposal, but suggested
the Planning Board require a marketing study be done prior to
any construction of new commercial enterprises.
•
Minutes of Meeting--December 19, 1983 Page 7
• Howard Fafard stated that they welcome any assistance they can
obtain in the areas of environment, traffic, pollution, etc. They
are interested in a quality, long-term project and wish to address
and solve all problems. He further stated that no extra commercial
space has been "snuck in" since preparation of the EIR . They have
worked for two years with the Planning Department on this project.
It was recommended to move the road ( connector from First Street
out to Marlborough Road intersection) and in order to do this
while avoiding eminent domain proceedings , an additional parcel
of land was purchased. There was no trade-off of commercial vx.
industrial space . Efforts to make the intersection as streamlined
as possible will be made.
Mr. Robert Quadros , 32 Fairmont Street, felt there would be very
little benefit in the way of jobs with this project. He asked
what kinds of jobs would be available . Mr. Fafard replied it would
be a "guesstimate" at best; however, in Milford where he has another
project of this type , 1050 new jobs have been created from under
200,OOOsq. ft. of space with Boston Digital/Dennison Manufacturing.
which makes floppy discs. He anticipates similar success in Salem.
David Goodof observed that traffic may be heavier during the early
morning and late afternoon, but that is to be expected.
Mr. Jim Crosby, owner of Crosby' s Market, Highland Avenue , stated
• he is not concerned with competition, but feels more study should
be done. He feels there is no way this community can support three
grocery stores with each naking a profit. It would benefit the
consumer for a time ; however.
Eleanor Rando , Circle Hill Road, wants quiet. She feels the traf-
fic is already a problem. She also raised the issue of water pres-
sure in Witchcraft Heights.
Mr. Glovsky, representing Heartland, also pointed to the increase
in traffic volume in the area. He feels the best use of the land
would be light industrial only.
A letter from a resident of Cloverdale Ave . in opposition to the
plan was read by Walter Power.
The Board of Health concurs with the proposal; the City Engineer
concurs; the Conservation Commission is working on a draft Order
of Conditions subject to finalization early in 1984; the Building
Inspector concurs. A letter from the Fire Department was read
into the record (attached hereto) and their concerns will be ad-
dressed.
Mr. Serafini stated he hoped the Planning Board can see beyond the
competitive nature of the concerns raised this evening. He added
the Board has a unique opportunity to see that an orderly type of
• development is constructed. If this had been done in the past, some
of the concerns raised this evening could have been avoided. The
new scope for the EIR will be forthcoming and those concerns, if
any will be addressed. They will comply and will work for the
Minutes of Meeting--December 19, 1983 Page 8
• benefit of all of Salem. An estimated $2$0,000 in taxes will be
raised by this project (estimate by Salem' s assessor) and there
is no other way to raise revenues. He asks the Board for an ob-
jective analysis--does Fafard comply with the requirements of the
zoning ordinance .
Mr. Glovsky respectfully requested the hearing be continued.
Ken May felt that the hearing could be closed with the explicit
statement that all data will be considered before the actual vote
is taken. Walter Power declared the hearing closed.
FORM A--6-8-10 RIVER STREET
Attorney George Vallis was present to present the Form A which
has been subject to approval by the Board of Appeal. The area
consists of three lots which are to be re-subdivided into two
lots. The variance involving this property was approved by the
Board of Appeal.
Chairman Walter Power read the findings of the Board of Appeal.
He expressed concern that a new non-conforming lot was to be
created.
Following some further discussion, upon the motion of David Goodof
and second of Normand Houle , the Form A was endorsed, approval
• under the Subdivision Control Law Not Required. It was so voted;
with Abby Burns voting Present.
BOARD OF APPEAL AGENDA
The Board of Appeal agenda was addressed and two petitions which
would increase the density of a single-family area were opposed
by the Planning Board. A letter will be sent to the Board of
Appeal addressing these petitions (attached hereto and made a part
hereof) . Further the petition of Mr . Stasinos to build a multi-
unit complex in an R-1, R-C , B-2 zone will be addressed by letter
to the Board of Appeal.
There being no further business a motion was made to adjourn.
Having passed unanimously, the meeting was declared adjourned
at 11100 p.m.
R
espectfullysu fitted,
Dale E . Yale
Clerk
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CI'r'i 9: SAL EM- t i.',5 s.
December 19. 1983
Mr. James Hacker, Chairman
Board of. Appeal
One Salem Green
Salem, MA. 01970
Dear Mr. Hacker:
The Planning Board has reviewed the petitions . scheduled to be
heard before the Board of*Appeal on Wednesday, December 21, 1983 ,
and wishes to express general opposition to the increase in den-
sity of residential areas because this practice in time could
create de-facto zoning changes . Our opposition to petitions 1,
5, 6, and 7 reflects this opinion. It runs contrary to the City' s
planned zoning for speciric residential densities , tends to change
the quality of life in the neighborhoods , and exacerbates the
parking conditions.
• This policy is the Board' s general view; however, we are hes-
itant to issue blanket opposition without knowing all the factors
involved.' There are many properties in the various zoning classi
fications that are under-utilized and could be upgraded to reflect
the surrounding density. 19e , therefore , respectfully ask that
the Board of Appeal take our. concerns into consideration in making
their decisions on these types of petitions.
Regarding the petition of Mr. Stasinos (#8) , the Planning
Board has been presented with a preliminary plan only by. the
petitioner for this proposal. Therefore , we do not fee 1 we. have
had enough information to comment in a responsible manner. The
project conerns us, -particularly as it spans three zoning dis- .
tricts , it is being located in a sensitive area, and we wish to
make sure the commercial section is well-planned and the quantity
and quality of the housing units is compatible with the area:
Therefore , we respectfully request the Board of Appeal consider
continuing this petition beyond the December 21, 1983 meeting to
allow us proper time to give constructive input.
The Planning Board would very much like to meet with the Board
of Appeal after the first of the year to discuss issues of mutual
interest, and in particular to review our role in commenting upon
the various petitions pendin& before the Board of Appeal. Because
-2-
our areas of interest and jurisdiction are very often concurrent,
.it would seem to be valuable to both Boards to become more familiar
with the aims and policies of each. The Planning Board feels
understanding of our mutual goals for the City would be beneficial.
If the Board of Appeal agrees, I would be pleased to arrange
a mutually convenient time to meet.
Sincerely your
AI _
Walter B. Power, III
Chairman
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'08JPLANNING DEPT. I December 12, 1983
City of Salem Re: Traders Way (Tentative Name)
Planning Department Off Highland Ave.
One Salem Green Opposite Marlborough Road
Salem, Mass. Fafard Companies project
Sirs:
Notification of the proposed hearing for the planned development
tentatively named "Traders Way", has been received by this office,
after the proposed date of the hearing.
No plan has been received for our review as of this date. However,
on November 23 , 1983 a meeting was held in the office of Public
• Services Director Fletcher, with the Fafard Companies representative
Gerard F. McNeil, L.A. (Manager of Engineering and Planning) and
Attorney John Serafini, Sr. , to discuss the project.
At this meeting I was shown a basic plan of the proposed . first project,
.which detailed three commercial structures located on a proposed . .
roadway leading off Highland Ave. in a Southeasterly direction.
The requirements of the Salem Fire Department for approval of said
proposal were verbally outlined at this meeting. It was stated that
adequate sized water mains for firefighting purposes will be needed.
Also it was stated that the Salem Fire Department will require a plan
showing the proposed layout and sizes of the water mains, hydrant
locations, master fire alarm street boxes, and eventually structural
plans when the time arises for issuance of a building permit.
Mr. Gerard McNeil was to arrange for an appointment at my office, for
a furthur detailed review of the proposal. No 'furthur meeting has
been held as of this date.
The Salem Fire Department has no objections to the contemplated
sub-division, but approval of this office can not be provided .until
adequate plans are submitted.
cc : Building Inspector
Respectfully submitted,
Director of Public Services C , in/
Electrical Dept. Cat David J Go
file Salem Fire Marshal
Approved byV �
James F. ,1 ennan Fire Chief
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AGENDA--September 15 , 1983 (`
1 . Form A--Ann Houghton , West/Bristol Ave. e-O'c e �C(l ts
2 . Board of Appeal agenda ` Q �
3 . Approval of Minutes
4. Reid Blute , Maine Post and Beam, Tedesco Pond
5 . James Zieff , Northgate Co. re proposed Form A, Loring Hills
6 . Greg Senko and Michael Moniz , Planning Department
•
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MINUTES OF MEETING
September 15, 1983
The Salem Planning Board met at One Salem Green, second floor conference
room, on Thursday, September 15, 1983. Present were Kenneth May, Donald
Hunt, Normand Houle, Edward Stevenson; David Goodof, Abby Burns, and Walter
Power. William Cass was absent.
Chairman Walter Power called the meeting to order at 7:35 p.m.
CARRIAGE HOUSE ORDINANCE PROPOSAL--RICHARD POHL
Dr. Pohl was present to follow up on his earlier meeting with the Board re-
garding the drafting of a zoning ordinance to protect historic carriage
houses. He presented a definition of an historic carriage house (attached
hereto and made a part hereof) and reported that on the basis of research
he has done through Historic Salem, Inc. , and Bryant Tolles of the Essex
Institute, he estimates there are between 50 and 75 such carriage houses
in Salem, not including North Salem. He added that the Board of Directors
of Historic Salem, Inc. have endorsed the proposal.
• Following some discussion, the Board felt the idea had merit and they will
approach the City Solicitor for some guidance in drafting an ordinance. Ken
May felt it was important the Board keep in mind density and type of use
in drafting this ordinance.
FORM A--ANN HOUGHTON, WEST AVE:%BRISTOL'STREET
This involves the changing of a lot line to keep a garage formerly with
the West Ave. property with the Bristol Street property. The West Avenue
property is to be sold without the garage.
In response to a question from Walter Power, Mrs. Houghton noted there is
adequate parking for five cars on West Avenue. Walter Power warned the
petitioners that any attempt to divide the house into apartments would
face serious opposition from the Planning Board. Mrs. Houghton assured
the Board this would not happen--it would remain a two-family as it is now.
Upon the motion of Abby Burns, and second of Normand Houle, the Form A was
endorsed, approval under the Subdivision Control Law not required. It was
so voted, seven in favor, none opposed'.
HIGHLAND AVENUE CONDOMINIUMS==GEORGE 'VALLIS
Attorney George vallis representing Mr. Michael Stasinos, the developer,
was present to engage in preliminary discussions regarding a proposal to
•
Minutes of Meeting--September 15, 1983 Page 2
• build two hundred condominium units, plus a shopping center on Highland Avenue
next to Rich's Department Store. Mr. Vallis plans to submit under the cluster
special permit and wishes to "get the ball rolling." Part of the property is
zoned B-2 and part is zoned R-1. There is also a small section of conservation
land involved. . He has a hearing scheduled before Board of Appeal on October
26 (see attached copy of Direct Appeal) . He plans 216 units, plus 30,000 sq.
ft. of commercial space to be constructed on 25 acres. The price range for
the living units will range between $50,000--$65,000 for one bedroom units
and $70,000--$95,000. The roads will be maintained by the condominium asso-
ciation.
ti
Ken May noted that if Mr. Vallis intends to go to the Board of Appeal for
a variance, there is no need for a" cluster permit. Walter Power felt the
Planning Board would like a great deal of input into this development.
Mr. Vallis would like comments as to roads, configurations, etc. He will
submit,a Form B application which will be distributed for comments.
LORING HILLS--JAMES ZIEFF
Mr. James Zieff was present to discuss his proposal to construct 51 condominium
units which is part of a larger parcel in the Loring Hills area. He plans
townhouse and quadriplex type units. Fifty-one units will be built on eight
acres for a total density of nine. The area is zoned R-3, which allows a
density of twelve. They intend to extend the road, build the units as
demand warrants for a $95,000--$130,00 price. They plan a high-quality de-
velopment which will be an asset to the area. There is adequate sewer and
water, storm drainage is fine.
Mr. Zieff gave a brief outline of the company's background, noting their
reputation is excellent and he will provide pictures of other developments
they have built. He further anticipates constructing a clubhouse and tennis
courts on the property, plus a swimming pool and noted he feels this can
be approved under a Form A.
Walter Power noted he was uncomfortable approving this under a Form A only,
but in studying the plan, agreed the frontage requirements had been met
with the 100 feet being shown on the cul-de-sac. Mr. Zieff will make the
necessary changes on the plan so that there will be no dead end created--
the Board would like to see the cul-de-sac kept in tact. Mr. Zieff will
make the necessary changes and return to the Board on October 6, 1983.
Some concern was expressed by the Board as to the possibility of this hap-
pening again in the future and an inferior development would result. The
question of requiring site plan approval by the Planning Board was discussed
and will be researched further.
MICHAEL MONIZ--SALEM REDEVELOPMENT AUTHORITY--BRIDGESTREET
Michael Moniz of the SRA was present to update the Board on the progress of
the SRA's study of Bridge Street in an effort to assess the future potential
of the area. Their ultimate aim is to change the image of the street to provide
•
Minutes of Meeting--September 15, 1983 Page 3
• an aesthetically pleasing entrance to the City, as well as keeping the uses
in conformance with the Master Plan. Michael spoke optimistically about the
upgrading of the area and he is hopeful of beginning a "chain reaction" effect
by selecting a few buildings to improve and providing some incentives for others
to follow suit.
PLANNING DEPARTMENT UPDATE--GREG SENKO
City Planner Greg Senko was present to discuss several upcoming developments of
a large scale within the City. If all developments are built that are currently
being considered, the City stands to gain in the neighborhood of 1800 new living
units within the next five years. Greg discussed the various zoning changes
which may be necessary to accomodate these new developments and after much
discussion it was decided to hold a series of comprehensive zoning meetings in
order to put together a package for presentation to the City Council.
BOARD OF APPEAL AGENDA
Two petitions before the Board of Appeal were addressed by the Planning Board.
The petition of Wendy Pruitt, Trustee for Carpenter Realty Trust, was opposed
by the Planning Board on the basis of adding to the density of an already dense
area. The petitioners wished to convert an existing two-family into a three
family dwelling at 12 Carpenter Street, which is in an R-2 district.
The Planning Board also opposes the petition of Arthur Valaskatgis for a variance
to construct a new ,commercial business at 57 Loring Avenue (R-1) , on the basis
• that there was no sufficient hardship shown to warrant further encroachment of
a commercial business into an R-1 area. The Planning Board vigorously opposes
this petition.
A letter will be sent to the Board of Appeal addressing these two matters.
There being no further business, the meeting was declared adjourned at 10:35 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
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AGENDA--March 3 , 1983
1 . Form A--Grace Puleo
2 . Approval of Minutes --Jan.. 20; Feb. 3; Feb. 17 , 1983
3 . Board of Appeal agenda
4 . Maine Post and Beam
5 . Old Business
6 . New Business
•
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MINUTES OF MEETING
March 3 , 1983
The Salem Planning Board met at One Salem Green , second floor on
March 3 , 1983 . Present- were Normand Houle , Ken May, Abby Burns ,
William Cass , Edward Stevenson, and Walter Power. David Goodof,
William Wheaton, and Donald Hunt were absent.
Chairman Walter Power called the meeting to order at 7 :45 p.m.
FORM A--GRACE PULEO
Mrs. Puleo was present to discuss the division of one lot contain-
ing two buildings in existence before the Subdivision Control Law
at 13 Lynn Street/23 River Street into two separate lots .
There was some discussion as to how the buildings could be pro-
perly maintained with the property line being so close to the
• building. Susan Madison suggested that, in light of the fact
Mrs . Puleo also has to go to Board of Appeal, the Planning
Board recommend the placing of a maintenance easement with the
deed to assure that proper painting, etc . could be achieved.
Upon the motion of Abby Burns and second of. Normand Houle , the
Form A was endorsed, approval under the Subdivision Control
Law not required. It was so voted.
APPROVAL OF MINUTES
Upon the motion of Edward Stevenson and second of Abby Burns , the
minutes of February 17 , 1983 , were approved as amended. It was
so voted.
Upon the motion of Ken May and second of Edward Stevenson, the
minutes of Bebruary 3 , 1983 , were approved as amended. It was
so voted.
Upon the motion of Abby Burns ,. and second of Ken May, the minutes
of January 20 , 1983, were approved as amended. It was so voted.
MAINE POST AND' BEAM/TEDESCO' POND
Mr. Reid Blute was present to clarify several points for the Board.
He would like .the Board to make a recommendation to the Board of.
• Appeal relevant to' the ''variances he is requesting for attached
cluster and for'. greater density;
Minutes of Meeting--March 3 , 1983 Page 2
• As far as the attached cluster is concerned, it was felt that the
intent of the zoning ordinance was to allow cluster residential
housing in all residential zoning districts and the language neces-
sary to permit attached cluster housing in an R-1 district was in-
advertently left out at the time of the ordinance drafting. This
will be corrected-during the Board's zoning ordinance review.
Upon the motion of Ken Mav and second of Abbv Burns, it was de-
cided to recommend to the Board of Anneal that thev anorove a
variance for the construction of attached structures on the
Tedesco Pond site. It was so voted.
With regard to the density, it was noted that the site is a dif-
ficult one to develop and the developer has invested a considerable
amount in the preparation of a plan that offers the amenities
that would give lasting value to the development. The 9% reduction
to 13,630 square feet would still be compatible with the lot
sizes in the area and would allow the developer to nrovide the
amenities necessary to give the development the desired lasting
value . It was noted that the grantina_of, the variance by the
Board of Appeal does not preclude disapprodal;by the Planning`Board.
The Planning Board still must go through the hearing"process and
has considerable input into-the final plah,:and reserves discretion on it.
• Upon the motion of Ken May and second of Abbv Burns , a recommendation
will be made to the Board of Appeal to grant' a variance for twenty-
four housing units on the Tedesco Pond site. It was so voted.
A draft of a letter (attached hereto and made a nart hereof) was
made addressing this issue which will be forwarded to the Board
of Appeal prior to Maine Post and Beam' s hearing on March 16 .
BOARD OF APPEAL AGENDA
Except for the Maine Post and((Beam petition, all other petitions
before the Board of. Anneal need not be addressed by the Planning
Board.
256 LAFAYETTE STREET
A preliminary plan of a proposed develonment on the Ives Greenhouse
site at 256 Lafayette Street was presented to the Board by Susan
Madison. The consensus of the Board was in "vigorous opposition"
to the proposal as it does not visually harmonize with the archi-
tecture of the neighborhood. This matter will be addressed further
at our next meeting.
There being no further business , a motion was made to adiourn. Having
passed unanimously, the meeting was adjourned at 10 :00 n.m.
• Resectfully submitted ,
Dale E. Yale
Clerk
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AGENDA--April 7, 1983
1. Public Hearing--Maine Post and Beam
2 . Public Hearing--Pickman Park Swim Area
3 . Form A--Julie Tache
4. Board of Appeal agenda
5. Approval of Minutes--Mar. 3 and Mar. 17, 1983
6. Old Business
7. New Business
•
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MINUTES OF MEETING
April 7 , 1983
The Salem Planning Board met at One Salem Green on Thursday,
April 7 , 1983. Present were Kenneth May, David Goodof, Abby
Burns, Normand Houle , and Walter Power. Edward Stevenson, Donald
Hunt, William Cass, and William Wheaton were absent.
Chairman Walter Power called the meeting to order at 752 p.m.
FORM A--JULIANA TACHE
This petition involves the conveying of a portion of one lot lo-
cated at 27 Daniels Street to another located at 35 Daniels Street.
Each lot will have a building located on it.
Upon the motion of Abby Burns and second of David Goodof, the
Form A was endorsed, approval under the Subdivision Control Law
not required. It was so voted.
• PUBLIC HEARING--MAINE POST AND BEAM/TEDESCO POND
Chairman Walter Power read the Notice of the Public Hearing.
Mr. Reid Blute of Maine Post and Beam gave a brief overview
of the proposal for Tedesco Pond at Vinnin Square . There fol-
lowed some discussion among the Board members as to the appro-
priateness of continuing the hearing until the cluster issue
was resolved. Mr. Blute , therefore , respectfully requested
his petition be withdrawn without prejudice . Upon the motion
of David Goodof and second of Normand Houle , it was so voted.
PUBLIC HEARING--PICKMAN PARK BEACH
Susan Madison made the presentation on behalf of the Park and
Recreation Commission. The proposal consists scraping six in-
ches of material from the swim area of Pickman Park Beach, re-
pairing an existing sea wall, and replacing a retaining wall ad-
jacent to the swim area. A total of 600 cu. yds. of material
will be taken out of the area; it will be de-watered off site ;
and dumped at the Peabody landfill. Per order of the State
the saltmarsh area will not be disturbed. Once all dredging
has taken place and construction of the retaining wall completed,
repairs to the sewer under the Phase V Sewer Project will be
accomplished. Following this , clean sand will be placed in the
area. Susan Madison noted that this entire project has been
closely scrutinized by the Division of Waterways , as well as the
• Massachusetts Environmental Protection Agency. State funding
will help underwrite the project and the timing, in conjunction
with the sewer project, is essential.
Minutes of Meeting--April 7 , 1983 Page 2
Walter Power read the comments of other involved city Boards.
The Board of Health has recommended that all spoils be trucked
off-site in water-tight containers. Susan Madison noted that
a plan for this will be filed with the Board of Health. The
Building Inspector concurs with the proposal; the City Engineer
concurs; the Conservation Commission concurs with the proposal
but has ordered a"PCB analysis taken in an area of worst case
oil and -grease sample and run for the entire six-inch dredging
depth and an oil boom or other appropriate surface slick con-
tainment device and a licensed spill contractor on site or at
least on call to contain and remove oil which will float to the
surface during dredging. "
Walter Power asked for comments in support of the project from
those present. Councillor John Nutting, Councillor of Ward 7 ,
gave a brief history of the area and noted the residents were
anxious to be able to use the area again after many years of
disuse . The fact that a sewer line in the area was faulty
caused high fecal counts in the water so it was unsuitable for
swimming. With the repair of the sewer line , together with
this project, the area will be useable again.
Mr. Tom Langlois , 38 Buchanan Road, spoke in favor of the pro-
posal, but noted that the currents in the area will still bring
"muck" into the swim area. He felt that putting sand there was
• "fruitless. " Councillor Nutting noted it was worth a try.
Mrs. Ann Fournier and Mrs. Ellen Gallagher of the Pickman Park
Association both spoke in favor of the proposal.
Upon the motion Ken May and second of Normand Houle , the hearing
was declared closed. It was so voted.
Upon the motion of Ken May and second of Abby Burns , the Planning
Board found the proposal as meeting the stipulations of the
Ordinance and the Special Permit was granted. It was so voted.
FORM A--CHARLES GOUTZOS
Upon perusal of this petition, which involves the division of
lots on Sophia and Appleby Roads , it was noted that both roads
are dirt roads not accepted by the City. The consensus of the
Board was that this should be a subdivision and not a Form A .
MINUTES
Upon the motion of Abby Burns and second of David Goodof, the
Minutes of March 17 were approved as amended. It was so voted.
Upon the motion of David Goodof and second of Abby Burns , the
Minutes of "March 3 were approved as amended. It was so voted.
• BOARD OF APPEAL AGENDA
The petition of Grace Puleo for a variance from density and
setback requirements to subdivide a parcel of land into two
lots at 13 Lynn Street was addressed at an earlier meeting.
h .
Minutes of Meeting--April 7, 1983 Page 3
The petition of Kenneth Provencher for a variance and special
permit to divide a parcel of land into two lots in order to
construct a single-family dwelling on the second lot at 217-219
Loring Avenue (R-1) was opposed by •the Planning Board on the
basis of the fact the lot, as split up, does not provide adequate
frontage.
The petition of Linda Baillie for a variance from lot area, cov-
erage , width and setbacks to construct a single family dwelling
at 24 Horton Street (R-1) was opposed on the basis of too little
frontage and the lot being entirely took small for an R-1 district.
These concerns will be forwarded to the Board of Appeal.
A Public Hearing concerning the Amusement District will be held
on April 14, 1983 , at City Council Chambers. It is hoped as
many Board members as possible will attend.
There being no further business , a motion was made to adjourn.
Having passed unanimously, the meeting was declared adjourned at
10,15 p.m.
Re ectfully submitted,
V-l�wl ,
• Dale E . Yale
Clerk
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AGENDA--February 17 , 1983
1 . Form A--MULLER/BOUCHARD
2 . Form A--Raymond Beaulieu
3. Public Hearing--Louis Boisvert. Arro Engineering
4 . Sign-Ordinance Review--McDonald' s and Richard Kaminski
5 . Maine Post and Beam--Tedesco Pont
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AMENDED
MINUTES OF MEETING
February 17 , 1983
The Salem Planning Board met at One Salem Green, second floor
conference room on Thursday, February 17 , 1983 . Present were
Walter Power , Normand Houle , Edward Stevenson, Donald Hunt, and
David Goodof. William Wheaton, William Cass , Abbv Burns , and
Kenneth May were absent.
Chairman Walter Power called the meeting to order at 7 :50 p.m.
FORM A--MULLER/BOUCHARD
This proposal involves a small triangular parcel of land (Lot 42 A)
owned by Leonard and Cecile Muller, 20 Linden Avenue , being trans-
ferred to a lot owned by Mr. Robert Bouchard (Lots 41 and 42 B)
to square off Mr. Bouchard' s lot. Mr. Bouchard has been granted
a variance from Board of Appeal for this proposal.
• Upon the motion of Normand Houle and second of Edward Stevenson, the
Form A was approved, approval under the Subdivision Control Law not
required. It was so voted.
FORM A--RAYMOND BEAULIEU
This proposal involves the division of a tract of land on which two
or more buildings were standing when the Subdivision Control Law
went into effect into separate lots on each of which one such
building shall remain. Mr. Beaulieu must still appear before the
Board of Appeal for a variance from sideline and density requirements.
Upon the motion of Donald Hunt and second of David Goodof , the
Form A was approved , approval under the Subdivision Control Law not
required. It was so voted.
PUBLIC HEARING--LOUIS BOISVERT, ARRO ENGINEERING
Chairman Walter Power read the notice for the Public Hearing. The
petitioner proposes to construct an addition to an existing building
at Lot X1, Rear Commercial Street, within a flood hazard district.
Attorney John Serafini , Jr. was present representing the petitioner
and noted the plan had been revised on February 1 , 1983 , to conform
to the request of the Conservation Commission. The building with
the new addition will house a machine shop and Mr. Serafini noted
that the Board of Appeal has granted a variance for use and the
Conservation Commission has reviewed the plan and issued an Order
of Conditions which references the revised plan (2-1-83) and
requires an engineer ' s certification that the completed project
Minutes of Meeting--February 17 , 1983 Page 2
•
be at or above 15 . 36 mlw. Mr. Serafini further noted that the
existing building was below the 15 . 36 mlw, but was "grandfathered. "
Walter Power noted that this use conforms with the Citv ' s Master
Plan. Donald Hunt felt the Petitioner should be aware of the
serious water Problems that could exist in this area . Mr. Serafini
replied that thev understand the area is subiect to neriodic
flooding. The further understand the street is not a City-main-
tained road . The Petitioners wish to locate their business in
Salem and are willing to put up with the inconvenience of the oc-
casional flooding.
The Board of Healtgconcurs with the proposal , the Biiildinq In-
spector concurs , the Conservation Commission concurs with the
addition of the two conditions mentioned earlier , and the Citv
Engineer concurs with the plan as revised.
There being no opposition to the plan expressed by anv person nresent, .
upon the motion of Donald Hunt and second of. Normand Houle , the
public hearing was closed.
Upon the motion of Donald Hunt and second of David Goodof , the Special
Permit was approved with the addition of the conditions expressed
• by the Conservation Commission. It was so voted.
SIGN ORDINANCE REVIEW
a. McDonal&'s
Attornev Barry Feinstein and Mr. Thomas Sisson, an engineer for
McDonald' s Corporation were Present to discuss the issue of the
construction of a playground in front of the McDonald ' s Restaurant
on Canal Street. The ordinance relating to signs and billboards
in the City defines a sign as "anv structure , device , light, letter,
word, model , banner , pannant, insignia, trade flag, or renresentation
which is designed to be seen from outside a building and which ad-
vertises a use conducted, or goods , nroducts , wervices or facilities
available , including electric signs in windows or doors , but excluding
window ds.plays of merchandise and signs incidental to the disnlav of
merchandise . It was felt by the Building Insnector that the use
of McDonald' s characters in this proposed Playground could be de-
fined as a sign.
Attornev Feinstein stated that it was not McDonald ' s intention to
use these characters as advertising in anv manner . They have made
some changes in their original plan to further sheild the characters
from the street. They have further incorporated several safety
features upon the recommendation of. the Board. of Appeal .
Donald Hunt felt there was still some danger from drivers on Canal
Street being involved in an accident and presenting a hazard to
• children playing in the playground. Attornev Feinstein noted
that there is no rapid traffic on Canal Street and thev plan to
do everything possible to insure the safety of the children.
Minutes of Meeting--February 17 , 1983 Page 3
• He further emphasized the reliability and responsibility of the
corporation and the fact thev would never nut themselves in this
tvpe of situation where the safety of their customers was at stake.
Walter Power stated that the Planning Board' s main concern at this
Point was the sign issue . Following further discussion, upon the
motion of Normand Houle and second of David Goodof, it was decided
this proposal was a. "complementary and harmonius synthesis of signs
and architechtural features, " with' the stipulation that the
Board of Appeal and the Building Inspector agree with the proposal .
It was so voted, with Donald Hunt abstaining.
b. Richard Kaminski
Mr. Richard Kaminski was nresent to discuss his Proposal to nut a
roof sign on his donut shop on the corner of Highland Avenue and
Swampscott Road. It was his understanding that roof. signs were
not, allowed, but several businesses in the area have roof signs , so
he is requesting one as well .
Normand Houle asked if he had a sketch of his proposal . Mr. Kaminski
replied in the negative. Walter Power asked if the new sign would be
in addition to the 'present one on the premises and Mr. Kaminski
replied in the affirmative.
• Following further discussion, it was suggested Mr. Kaminski have a
sketch done of his oronosal with dimensions , etc. It was further
recommended that Mr. Kaminski take a Picture of his buildinq with
the 'present sign. Mr. Kaminski will return at a future meeting. In
the meantime, Susan Madison will reaues't-a-iecommendat_ion ,frbm thee,
Planning Department relative to the other signs in the area .
MAINE POST AND BEAM--TEDESCO POND
Mr. Reid Blute of Maine Post and Beam was present to discuss the
findings of a report on the pond done by Sea Plantations of Salem
(attached hereto and made a part hereof) . Mr. Blute gave an over-
view of the findings and recommendations for the pond and submitted
a request for a Wetlands Special Permit. All in all, Mr. Blute was
quite optimistic about the conditions and Potential for the pond area .
With respect to the density, Mr. Blute Presented a draft of calcu-
lations for those areas which would be cut out or reduced should a
reduction in density be mandated . He is hopeful of an opinion from
the Board as to their density recommendations before he annears before
the Board of Appeal on March 16 .
There being no further business , a motion was made to adjourn. Having
Passed unanimously, the meeting was declared adjourned at 10 : 30 p.m.
Respectfully submitted,
Dale E. Yale , Clerk.
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AGENDA--July 21, 1983
Form A's--Robert Bouchard
Robert Bramble
Summer Street Realty Trust
Robert King
Char-Sid Realty Trust
Loring Hills--JaR Realty Trust
Ann Houghton--Preliminary discussion--West Ave/Bristol Ave.
Public Hearing--John Keane Riverbank Road
Board of Appeal agenda
Old Business
New Business
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AMENDED
MINUTES OF MEETING
July 21, 1983
The Salem Planning Board met at One Salem Green, second floor conference room,
on Thursday, July 21, 1983. Present were Kenneth May, Abby Burns, William
Cass, David Goodof, Donald Hunt, Edward Stevenson, and Walter Power,. Normand
Houle was absent.
Chairman Walter Power called the meeting to order at 7:40 p.m.
FORM A--ROBERT BOUCHARD
This involves the conveyance of a portion of a parcelowned' by Mr. Bouchard
(2,859 sq. ft.) to land owned' by Lena and Anthony Guanci. The lots are lo-
cated on Linden Avenue.' The remaining lot has adequate frontage.
Upon the motion of Kenneth May and second of David Goodof, the Form A was
endorsed, approval under the Subdivision Control Law not required. It was
so voted.
• FORM A-=ROBERT 'BRAMBLE
This involves one single-family residence and one- two-family residence, sharing
a common wall, located atlY and jj� River Street, being divided into two
separate lots with one residence on each, pursuant to a variance granted
by the Board of Appeal on June 15, 1983.
Upon the motion of Kenneth May and second of Abby Burns, the Form A was en-
dorsed, approval under the Subdivision Control Law not required. It was so
voted.
FORM'A-=EIGHTEEN 'SUMMER'STREET REALTY TRUST
This involves two parcels of land situated on Summer Street (Lot 2 containing
four residential units and a medical office, and Lot 1 containing a carriage
house).. The petitioner desires to divide :the land into two lots on which a
building stands on each.' Property is located in a B-3 district pursuant to
an opinion from the City Solicitor dated July 18, 1983. Ken May expressed the
opinion that an approval not required endorsement should be made regardless of
the zoning status of the parcel as there are two buildings on the parcel which
were in existence prior to the adoption of the Subdivision Control Law.
Upon the motion of .David Goodof and second of Abby Burns, the Form A was en-
dorsed, approval under the Subdivision Control Law not required. It was so
• voted.
'FORM'A=-ROBERT KING
This involves a two-family dwelling located at 30=32 Beckford Street being con-
veyed to an abutting lot to form one contiguous lot. It was noted the lot
will now become more non-conforming, but the Board of Appeal has granted a
Minutes of Meeting--July 21, 1983 Page 2
• variance for this petition.
Upon the motion of Abby Burns and second of William Cass, the Form A was endorsed,
approval under the Subdivision Control Law not required. It was so voted.
FORM A--CHARLES GOUTZOS (Char-Sid Realty Trust)
The Planning Board inspected this property on July 16, 1983, and agreed to al-
low Mr. Goutzos to combine two lots on Sophia Road where there is 100' frontage
on a paved way into one lot. The third lot in question on the opposite side
of the road will be subject to the Subdivision Control Law. The following
conditions were also discussed:
The back side of the turn circle shall be at the 100' frontage mark of that
lot.
A suitable barrier shall be erected on the side of the circle where there is
a sharp drop-off. This barrier shall be approved by the City Engineer.
The diameter of the turn-around circle shall be approved in writing by the
Fire Department. .
Mr. Goutzos may proceed with the extensions of the road with the approval
of the City Engineer, particularly with respect to water and drainage.
• Upon the motion of Edward Stevenson and second of Donald Huht, the Form A
was endorsed, approval under the Subdivision Control Law not required. It
was so voted.
FORM A--LORING HILLS -= JaR REALTY TRUST
This Form A negates a previous petition involving this property voted on
June 16, 1983. Lots A-2 and A-3 shown ontthe plan are to be deeded to
Loring Hills Association Trust, Lots A-1 and B are to remain as one lot.
This gives the Trust an extra piece of property to create a green belt.
The Planning Board noted that Lots B and A-1 are to remain combined.
Upon the motion of Abby Burns and second of Kenneth May, the Form A was
endorsed, approval under the Subdivision Control Law not required. It was
so voted.
ANN HOUGHTON--WEST AVENUE
Mrs. Houghton was present to engage in a preliminary discussion of her pro-
posal to convey a portion of land at 5 Bristol Avenue to a lot at 15 West
Avenue. It was the opinion of the Board that this could be covered under a
Form A, but it was suggested Mrs. Houghton check with the Building Inspector '
regarding the zoning.
•
Minutes of Meeting--July 21, 1983 Page 3
• PUBLIC HEARING--JOHN KEANE
Chairman Walter Power read the notice of the public hearing. This involves
a Wetlands/Flood Hazard Special, Permit for the construction of a single-family
dwelling on Riverbank Road. Mr. Keane was present to give the Board an
overview of his plan. He plans a colonial type of home (raised Cape) with
a deck on the back cantilevered over the bank of the Forest River. He meets
all setback requirements, etc. and the house will be above the 15.37 flood
level.
The Board of Health concurs with the plan, but wants to make sure the basement
floor is one foot above the hundred-year flood elevation; the City Engineer
concurs with the plan; and the Building Inspector concurs with the plan.
The Conservation Commission has not yet issued an Order of Conditions for the
proposal, pending further calculations needed on the foundation and footings.
Mr. Peratine of 12 Riverbank Road, Mr. Simard of 22 Sunset Road, and Mr. Porto
of 10 Riverbank Road expressed some concern as to whether the lot was actually
buildable. Mr. Keane assured the abuttors that all proper channels were being
followed.
Kenneth May called Mr. Keane's attention to the actual requirements listed in
the Ordinance; sewage disposal, utilities, contours, etc. and noted these would
all have to be shown on the plan before the Board could act. Mr. Keane will
return to the Board on September 1, 1983.
• Upon the motion of Kenneth May and second of Donald Hunt, the public hearing
was closed. It was so voted.
PICKMAN PARK
A draft of the Cluster Special Permit for Pickman Park was received by the Board
from the City Solicitor. Upon review of the suggested language, the Planning
Board drafted the following language to be incorporated into the Cluster
Special Permit:
"At a meeting duly called and held on June 16, 1983, the Planning Board con-
sidered the request for extension of the Special Permit for Cluster Residential
Development by Salem Acres, Inc. , and made the following findings with
respect to the request:
1. The Planning Board found that a substantial use of the Cluster Residential
Development Special Permit granted to Salem Acres, inc. on December 23, 1977,
was not commenced within two years from its effective date.
2. The Planning Board found that on the basis of the information submitted by
the petitioner relative to a) general economic conditions; b) the cost and
availability of financing for housing construction projects prevailing during
the effective term of the Special Permit granted to Salem Acres, Inc. (February
29, 1980 to February 29, 1982) ; c) the fact that no opponent disputed the ac-
curacy; and d) the fact that the Planning Board will have an opportunity to
review in detail the entire project upon its resubmission to the Board for
Subdivision approval in order to determine whether or not it continues to
comply with all appropriate subdivision controls under the law, the Board
finds that the failure of the petitioner, Salem Acres, Inc. to commence
• Minutes of Meeting--July 21, 1983 Page 4
• a substantial use of such Special Permit in accordance with its terms and
conditions of Cluster Residential Development was for good cause within
the meaning of the City of Salem ,Zoning Ordinance, Section VII. N. 8.
Consequently, the Planning Board tolls the period for action under such
Special Permit from February 29, 1980, through June 16, 1983, with the
effect that Salem Acres, Inc. shall have until June 16, 1985, to make sub-
stantial use of the Special Permit in accordance with the requirements of the
Zoning Ordinance.
The Special Permit shall not become effective until such time as the Definitive
Subdivision Plan has been approved."
Upon the motion of David Goodof and second of Donald Hunt, the language was
adopted and will be incorporated into the Special Permit. It was so voted.
BOARD OF APPEAL AGENDA
Two petitions which are to be heard before the Board of Appeal on July 27,1983,
were addressed by the Planning Board:
The peitition of Paul and Jan Ricard for a Special Permit to convert existing
two-family dwelling into a four-family dwelling and a variance from parking
requirements at 29 Andrew Street (R-1) was of concern to the Board due to
the potential of increased density in an already congested area and exacerbation
• of parking problems in the area. By a vote of 7-0. the Board expressed their
concern for the problem and will write to the Board of Appeal expressing
this concern.
The petition of John D. Spinale for a Special Permit to expand a non-
conforming use by constructing a cement block building on an existing
foundation at 61 Ward Street (R-3) was of concern to the Board as well.
The Board will ask the Board of Appeal to take into consideration the impact
of any additional congestion in an already congested area in considering
this petition.
NEW BUSINESS
It was the consensus of the Board that there will be no meetings of the
Planning Board in August and the City Clerk and the Planning Department
shall be notified of this decision. The next meeting of the Planning
Board will be on September 1, 1983.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was adjourned at 10:35 p.m.
RespQ,ctfully submitted,
Clerk
Dale E. Yale
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AGENDA--SEPTEMBER 1, 1983
1. Form A--Ann Houghton .
2. Public Hearing--Tremblay/Boucher, Linden Avenue, Wetland Special Permit
3. John Keane, Riverbank Road
4. Dr. Pohl, Ordinance Proposal re carriage houses
5. Fiore, Highland Avenue, preliminary discussion
6. Maine Post and Beam
7. Approval of Minutes, July 7, 21, Aug. 25
8. Old Business
• 9. New Business
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AMENDED
MINUTES OF MEETING
September 1 , 1983
The Salem';Planning Board held its regular meeting on Thursday, Sep-
tember 1 , 1983 , at One Salem Green, second floor conference room.
Present were Abby Burns , William Cass , Normand Houle , Kenneth May,
Donald Hunt , and Walter Power . David Goodof and Edward Stevenson
were absent .
Chairman Walter Power called the meeting to order at 7 :45 p .m.
PUBLIC HEARING--TREMBLAY/BOUCHER
Chairman Walter Power read the notice of the public hearing . Mr.
Chuck Johnson from Hancock Survey was present to speak on behalf of
the petitioners . He described plans for a single family dwelling
on Lot 1 which would be located in the buffer zone of the pond.
The proposed single family dwelling, to be located on Lot 2 would not
be in the buffer zone , but some grading changes would impact the
pond.
• Chairman Walter Power noted that he had inspected the area this even-
ing and asked Mr . Tremblay (Lot 1) what the elevation present there
now is in relation to the elevation shown on the plan and Mr . Trem-
blay replied it is approximately two feet higher due to an over-
abundance of fill . Mr. Power asked if a-septic tank was being planned
and Mr. Tremblay replied in the negative . In response to a further
question from Walter Power , Mr. Johnson noted that the basement slab
will be four feet above the high water mark.
Walter Power noted that the bank bank behind Eisenman' s had been. cut-:into &
was a potential of severe erosion. Mr. Tremblay replied he plans to
restore the bank to its original condition. Mr . Power added,lthat
the neighbors and Ward 7 Councillor Nutting had all expressed con-
cern for the potential erosion problem of the bank as it now stands .
The Building Inspector concurs with the proposal ; the City Engineer
concurs ; the Board of Health concurs ; and the Conservation Commission
has issued an Order of Conditions for each of the lots referencing
the plan and adding the additional stipulation that the bank along the pond
protected by hay bales until construction is completed. Walter Power
commented that no hay bales had been placed on Lot 1 .
Councillor Nutting stated he was not present to speak in opposition
to the plan, but would like the matter of the bank to be resolved.
He alluded to the dangerous condition condition now present and
• felt the bank should be restored prior to any construction.
Minutes of Meeting--September 1 , 1983 Page 2
. Mrs . Joan Hourihan of 2 Wilfred Terrace also expressed concern for
the bank.
Mr . Benjamin Shaffer of 5 Eleanor Road spoke in favor of the plan.
He noted the area had been a scene of dumping and rat problems in
the past and the building of these two homes would alleviate this
problem.
Mr . Muller of 20 Linden Avenue spoke in favor of the plan , adding
he was happy to see the area being cleaned up .
Mr . Raymond Howell of Wilfred Terrace stated he had no objection to
the plan , but was concerned with the eroding slope . Mrs . Eisenmann
of Wilfred Terrace agreed.
Mr . John Hourihan of 2 Wilfred Terrace urged the petitioners to con-
sider a retaining wall all the way to Linden Avenue to protect the
bank. Mr . Tremblay replied he will correct what was done to the
bank and landscape as well . If future erosion problems arise , he
will correct them as well .
Mr . John Vadas of Eleanor Road and Mr . Pelletier spoke in favor of
the plan and added the area was always steep . The bank should be
addressed, but otherwise they see no problem with the plan.
• There being no further comments , the public hearing was declared
closed.
Upon the motion of Kenneth May and second of Abby Burns , the require-
ments of-'the Zoning Ordinance for a Wetland/Flood Hazard Special
Permit have been met with regard to Lot 2 (Mr. Boucher) with no
additional conditions . It was so voted, six in favor , none opposed.
Upon the motion of Kenneth May and second of Abby Burns , the require-
ments of the Zoning Ordinance for a Wetland Special Permit have been
met and a Special Permit shall be issued with the following conditions :
1 . Before the issuance of a building permit , grades at the northerly
corner of the parcel shall be restored to such a condition as is nec-
essary to prevent a hazardous condition and to prevent erosion, sub-
ject to the approval of the City Engineer .
2 . Hay bales shall be placed as required by the Conservation Commission.
It was so voted, six in favor , none opposed.
JOHN KEANE--RIVERBANK ROAD, WETLAND/FLOOD HAZARD 'SPECIAL PERMIT
Mr., Keane proposes to build a single-family dwelling on Riverbank1Road
and had been previously asked by the Board to return when additional data
• had been obtained subject- to the approval of the Conserdation 'Com-
mission.
• Minutes of Meeting--September 1 , 1983 Page 3
Mr . Keane stated he had reduced the size of his garage to alleviate
the potential of erosion problems during construction . He has
included proposed sewer and water connections and contours on his
plan as requested and plans to place railroad tie cribbing to protect
the bank.
The Conservation Commission concurs with the plan with the following
conditions : The bank shall be retained by railroad tie cribbing as
noted on the plan; excavated ?materials shall be stored on the
landward side of the propoerty above elevation 18 . 00 ; as-built
drawings signed by a Registered Professional Engineer shall be sub-
mitted prior to the issuance of a Certificate of Compliance .
The City Engineer concurs with the plan; the Building Inspector con-
curs ; and the Board of Health concurs but wishes the basement floor
elevation to be not lower than 16 . 37 .
Upon the motion of Kenneth May and second of Normand Houle , the
requirements of the Zoning Ordinance for a Wetland/Flood Hazard
Special Permit have been met and a Special Permit shall be issued
with- the following conditions :
1 . The basement floor shall be constructed in a manner such that
• the elevation is no lower than 16. 37 .
2 , Proposed water and sewer connections shall be located at an ele-
vation not lower than 15 . 37 .
It was so voted, six in favor ; none opposed.
RICHARD POHL--ORDINANCE PROPOSAL
Dr. Richard Pohl was present to propose an amending ordinance to the
zoning ordinance which would liberalize requirements for carriage
house use. Presently, use of an historic carriage house would require
a variance .from Board of Appeal . He proposes it be governed by
Special Permit only,adding that presently there is no incentive to
save a carriage house and the proposal can be negated by one abuttor
if hardship cannot be proved. He added that control is still retained
by asking the petitioner to prove the proposed use would not be a
detriment to the community. He wishes the Planning Board to request
a joint public hearing with the City Council to propose this change .
Kenneth May noted that this could create additional density on a lot
and Dr. Pohl replied that this could still be addressed under th
Special Permit procedure. He added it would be an incentive to
owners and would help preserve the many carriage houses in the com-
munity.
• Following further discussion , Dr . Pohl will do some additional re-
search into the matter and return to the Board at a future time .
Minutes of Meeting--September 1 , 1983 Page 4
• FIORE--HIGHLAND AVENUE
Mr . Nicholas Fiore , 21 Summit Avenue , was present to discuss the
matter of a piece of property he owns on Highland Avenue across
from Rich' s Department Store. He would like to construct a building
on the back part of his parcel which is zoned residential . He added
the only access to this property is from Highland Avenue across the
front part of his parcel . In essence he would be extending a non-
conforming use and would like the Board' s approval before going to
Board of Appeal . In response to questions from the Board , Mr . Fiore
noted he already has the necessary curb cuts , sewer lines and water
service.
Walter Power suggested the Board discuss the matter with the Plan-
ning Department as to the proposed zoning for this area.
MAINE POST AND BEAM--TEDESCO POND
The Board studied the preliminary plan presented by Maine Post and
Beam for Tedesco Pond, Vinnin Square . The area is zoned R-1 and
the plan satisfies density requirements ; however , there is some
question as to whether the proposed number of dwellings clustered
on a single lot with no lot lines between each dwelling would satisfy
the requirements of the Zoning Ordinance. This question will be
• researched further. Councillor Nutting would like to be informed
when Mr . Blute will meet with the Board to discuss this further .
Also, the Planning Board will urge Mr . Blute to consult with the
neighbors in planning this proposal .
APPROVAL OF MINUTES
Upon the motion of Kenneth May and second of William Cass , the
Minutes of July 21 , 1983 , were approved, as amended . It was so
voted, six in favor , none opposed.
Upon the motion of Kenneth May and second of Donald Hunt , the
Minutes of August 25 , 1983 , were approved, as amended. It was
so voted, six in favor , none opposed .
Upon the motion of Donald Hunt and second of Kenneth May, the Minutes
of July 7 , 1983 , were approved. It was so voted, six in favor , none
opposed.
There being no further business , a motion was made to adjourn. Having
passed unanimously , the meeting was declared adjourned at 10 : 25 p .m.
Res ectfully sub fitted,
Dale E . Yale
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AGENDA--OCTOBER 6, 1983
1. Form A--Riverbank Road
2. Form A--Loring Hills
3. Approval of Minutes--Sept. 1 and Sept. 15
4. Board of Appeal agenda
5. Old Business
6. New Business
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MINUTES OF MEETING
October 6, 1983
The Salem Planning Board met at One Salem Green on Thursday, Oc-
tober 6 , 1983. Present were Donald Hunt , Kenneth May, William Cass ,
and Normand Houle . Walter Power, Abby Burns , Edward Stevenson, and
David Goodof were absent.
Acting Chairman Kenneth May called the meeting to order at 7 : 50 p.m.
CHARLES FREDERIKSEN-
Michael Moniz of the Salem Redevelopment Authority introduced the
Board to Charles :E'rederiksen , the new Planning Board/Conservation
Commission Aide who was welcomed with enthusiasm by the Board.
FORM A-RIVERBANK ROAD
Attorney John Serafini , Jr. was present to discuss this Form A which
• involves the clarification of the boundary of some land taken by
the City for conservation purposes . There was some dispute over
the actual boundary which has been resolved by the creation of one
house lot on the property. Part of the parcel will be joined with
existing land owned by the City and the other part will be retained
as a house lot.
Upon the motion of Normand Houle and second of William Cass , the
Form A was endorsed, approval under the Subdivision Control Law
not required. It was so voted.
CLOVERDALE/EMMERTON SUBDIVISION
Attorney Serafini also discussed a subdivision which the Planning
Board discussed several months ago . There is one house in the
subdivision and the Planning Board had placed covenants on the re-
maining three lots . They now wish to be released from the covenant
on Lot A in the subdivision. '-
This will be discussed further at our next meeting.
FORM A-LORING HILLS
Mr. James Zieff of Northgate Construction was present to discuss the
Form A which had been proposed at our previous meeting. Mr. Zieff
gtgted they had made the requested changes in the plan and he now
•
• Minutes of Meeting--October 6, 1983 Page 2
wishes to go ahead with the subdivision. Kenneth May noted that
the changes the Board requested were not made on the plan. The
Board cannot approve the plan as it now stands--the turnaround was
not continued so there is no adequate 'frontage for one lot .
Mr . Zieff noted he wishes to close next week on the property and
he will make any changes necessary to satisfy the Board.
Kenneth May noted that there were several people present with ques-
tions regarding this proposal; however he pointed out to those
present that the Planning Board has no choice but to approve 'as
long as adequate frontage is shown.
Mr . John Damon of A-4 Loring Hills Avenue stated they are not op-
posed in principle, to the proposal, but he stated the resident' s
frustrations as to the maintenance of the road and they wish to
be assured that their right-of-way over the road is not endangered.
He also called Mr. Zieff' s attention to a master antenna which may
have to be moved in order to accomodate this plan. Mr. Zieff
stated provisions will be made to make sure the resident' s con-
cerns will be met. Mr . Damon added that they have been financially
responsible for sewer lines , lighting, etc . There are thirty-eight
families living there . Mr. Zieff stated he is willing to work with
• the residents--he plans to beautify the road to make it better , etc .
Mr . Damon also expressed concern for the increased traffic on the
road and the problems of trying to get in and out of Loring Hills
Avenue . Mr. Zieff felt that at some point a second access road
would be built.
Michael Moniz asked if the residents had ever tried to get the
road accepted by the City and Mr. Damon replied in the affirmative ,
but the City does not want it. He added the residents were ex-
tremely frustrated at this point. Mr. Philip Heffernan, another
resident, noted that in 1978 it cost $3800 just to plow the road
and this cost was borne by the residents. Mr . Zieff reiterated
his commitment to work with the residents in every way possible .
Upon the motion of Normand Houle and second of William Cass , the
Form A was endorsed, approval under the Subdivision Control Law
not required, contingent upon the necessary changes being made .
It was so voted. Mr. Zieff formally requested to withdraw his cur-
rent plan and will re-submit on October 7 , 1983
MINUTES
Action on the Minutes will be postponed until our next meeting.
BOARD OF APPEAL AGENDA
• Two petitions before the Board of Appeal were addressed by the
Minutes of Meeting--October 6, 1983 Page 3
• Planning Board, The Planning Board opposes the petition of
Philip and Velma Oliver for a Special Permit to convert an exist-
ing two family dwelling into a three family dwelling at 37-39
Appleton Street (R-2) on the basis that the parking problems in
the area would be intensified and the density would be increased
as well .
Further, the Planning Board opposes the petition of David Rifkin for a
variance to allow- first floor of 95-99 Federal Street to be used
for a law office and to convert existing eight-room apartment on
second floor into two four room apartments (.R-2) as the Board is
committed to preserving the residential quality of the neighborhood
and they have consistently opposed this type of use in the past.
The Board of Appeal will be notified of these concerns .
There being no further business , a motion was made to adjourn.
Having passed unanimously, the meeting was declared adjourned
at 9 :40 p.m.
Respectfully submitted,
,SLL �Q,�
Dale E. Yal
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Agenda--June 3, 1983
1. Form A--J & R Realty Trust
2. Cabot Farm
3. Sign Ordinance Review
4. Board of Appeal agenda
5. Old Business
6. New Business
7. Approval of Minutes
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MINUTES OF MEETING
June 3, 1983
The Salem Planning Board met at One Salem Green, second floor
conference room on Thursday, June 3, 1983. Present were
Edward Stevenson, Kenneth May, David Goodof, Abby Burns , Donald
Hunt, Normand Houle , William Cass , and Walter Power.
Chairman Walter Power declared the meeting to order at 7 : 40 p.m.
MINUTES
Upon the motion of Ken May and second of Abby Burns, the Minutes
of May 19 , 1983, were approved as amended.
FORM A—RICHARD SAVICKEY
• A Form A was submitted by Richard Savickey for land at the corner
of Becket Street and Becket Avenue. Currently there are two build-
ings on one lot which were in existence before the Subdivision Con-
trol Law was in effect. The applicant wishes to divide the lot
so that there will be on building on each lot. During the dis-
cussion, it was noted that when the applicant goes before Board
of Appeal, the Planning Board will write to the Board of Appeal
questioning the amount of available parking space.
Upon the motion of Ken May and second of David Goodof, the Form
A was endorsed, approval under the Subdivision Control Law not
required. It was so voted.
CABOT FARM
In discussing the two proposed lots at Cabot Farm, it was the
consensus of the Board that the proposed lot on Salt Wall Lane
could be granted if more land was included in the parcel so that
Salt Wall Lane could form the frontage of the parcel. In dis-
cussing the proposed 25 ,000 square foot next to Carlton Lutts '
home , - it was the consensus of the Board that it would be fronting
on a driveway, not a road. Various alternatives were discussed,
including Mr. Lutts leasing the parcel to his daughter; however
it was the feeling of the Board that if there was a formal Form
A submitted, there would be a vote in the negative.
•
Minutes of Meeting--June 3, 1983 Page 2
•
COUNTRY CLUB ESTATES
Mr. Joseph Carter and Mr. Peter Beatrice were present to discuss
a proposal by Ugo DiBiase for a 75 lot subdivision off Marlborough
Road. Each lot will contain a minimum of 15 ,000 square feet and
508 of the lots will be larger than this. The line of the subdivision
would follow a parallel to the wetland area.
It was noted that the area had been a storage area for sludge
from the SESD plant. Peter Beatrice noted that testing of the
area was done approximately three years ago by DEQE and nothing
ever resulted from the 'testing. Approximately six or seven
months ago, Mr. Beatrice met with federal officials and the Board
of Health to discuss the problem further, but nothing concrete
resulted from these discussions . It is Mr. DiBiase ' s contention
that the dumping took place prior to Mr. DiBiase purchasing the
property. The question now is whether the City is responsible
for the removal of the sludge. Mr. Beatrice noted there is
growth there now and he sees no problem with building on the site.
Walter Power read the comments received from the Fire Department
and the City Engineer. Comments have not as yet been received
from the Conservation Commission, Board of Health, or School
• Department. (Comments from City Engineer and Fire Department
attached hereto and made a part hereof) .
The major concern of the Planning Board at this point was the
resolution of the sludge problem. It was felt that any exca-
vation in the area could cause serious problems in the future.
Mr. Beatrice noted that this was just a preliminary meeting and
they would like some preliminary input from the Board to work
with. Mr. Carter further noted they will be changing the
plan to accomodate the comments of the Fire Department and
the City Engineer. Walter Power stated that the Board would
need answers from a qualified professional regarding the dump
site problem before taking any definitive action on the subdivision.
Donald Hunt added that Strongwater Brook needed to be considered
as well. Mr. Carter stated they are not within the headwaters
of the brook.
In response to a question from Peter Beatrice as to whether the
Board would consider acting upon the area which is not subject
to the dump site, Walter Power stated that they would always
consider this as one subdivision.
SIGN ORDINANCE REVIEW
City Planner Greg Senko was present to give the Board some input
regarding the Sign Ordinance. Basically the ordinance is
•
• Minutes of Meeting--June 3, 1983 Page 3
handled "in-house. " A business can have a roof sign as well as
a street level sign if the total allowable square footage is not
exceeded combining the measurements of both signs.
Much discussion followed on this issue. The frustration of the
Planning Department and the Planning Board is greatest in the
area of enforcement. In drafting the ordinance (which is loosely
based on Boston' s ordinance) , some method of enforcement was
proposed (i .e. lifting the license of the installer if the
sign is not compatible with the ordinance) , but this was de-
leted by the City Council. The question of asking the Council
for some sort of fine legislation was raised, but it was felt
this may jeopardize the whole ordinance.
Specifically regarding Dick' s Donuts , who wish to add a roof sign
to their business, Greg stated that even with the addition of
a roof sign they would not be over the total allowable signage
for the building. Mr. Kaminski , the owner of Dick' s Donuts,
will be notified that the consensus of the Board was he may
put up the additional sign.
Regarding the billboard issue, Ackerley is willing to take down
some of their billboards in the City; however, they have also
proposed advertising Salem as a tourist attraction in other com-
munities, so this must be considered. The consensus of the
Board was to take a look at this proposal.
NEW BUSINESS
Regarding Sophia Road (proposed subdivision) , a list of waivers
for the proposed subdivision was read (attached hereto and made
a part hereof) . Regarding sidewalks, the Planning Board would
like concrete or granite curbing if this meets with the approval
of the City Engineer. The sidewalk should be consistent with
what is already present. The twenty-eight foot road width should
be consistent with the present road. The contours will be
waived except for the road. A turn around at the end of the road
should be shown on the plan and the pavement extended. The
Environmental Impact Statement is waived. Upon the motion of
Abby Burns and second of David Goodof, the above was so voted.
The Planning Board dinner is set for June 21; 1983, at the House
of Seven Gables, at 6: 30 p.m.
There being no further business, a motion was made to adjourn.
Having passed unanimously, the meeting was adjourned at 10 : 30 p.m.
RNes subm' tted,
• Dale E. Yale
Clerk
Ctu of 'Salem, 4&56ac4usirtts
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MINUTES OF MEETING
July 7 , 1983
The Salem Planning Board met at One Salem Green, second floor
conference room, on Thursday, July 7 , 1983 . Present were Abby Burns ,
Ken May, Donald Hunt, Normand Houle , David Goodof, and Walter Power.
William Cass and Edward Stevenson were absent.
Chairman Walter Power called the meeting to order at 7 : 35 P.M.
MINUTES
Upon motion made and seconded, the minutes of June 9 and June 16,
1983 were approved. It was so voted.
FORM A--ROBERT BRAMBLE
This involves a piece of property at 194-196 North Street with two
structures built before the Subdivision Control Laws became ef-
fective . Mr. Robert Bramble spoke for the project and is asking
that the lot now be divided with a structure located on each.
Upon motion made and seconded, the Form A was endorsed, approval
under the Subdivision Control Laws not required. It was so voted.
CHAR-SID REALTY TRUST--GOUTZOS
Attorney John Kielty was present to discuss the matter of a pro-
posed three-lot subdivision on Sophia and Appleby Roads . Their
Form B was first presented to the Planning Board on May 19, after
it was determined that a Form A would not be adequate for the
proposal. Comments have been received from the Fire Department
and the City Engineer and Mr. Kielty understands that those from
the Board of Health are forthcoming. Mr. Kielty noted that only
two of the three lots proposed are to be used at this time and
he added that there is a purchase and sale agreement on one lot
already, so they are anxious to get moving on this project. He
is asking the Planning Board for some expedient action to move
the project along, adding that the subdivision is relatively in-
significant in relation to the large-scale proposals which have
previously come before the Board. ,
Walter Power asked if they had submitted a Form C as yet and Mr.
Kielty replied in the negative . Walter explained the public
• hearing process and noted this was the procedure which must be
followed.
Minutes of Meeting--July 7 , 1983 Page 2
• Abby Burns asked if they had requested a waiver on sidewalks and
Mr. Kielty replied in the negative--it is their intention to put
in reinforced concrete sidewalks . Walter Power added that not
all of the requested waivers would be granted by the Board.
The width of the road in the present subdivision may, becontinued
with the addition of a cul-de-sac. The cul-de-sac shown on the
plan will exist as long as it was needed, until such time as there
was further activity on the road. Regarding the pavement, Mr.
Keilty felt they could bring the pavement right down to Appleby.
Walter Power noted that the pavement shoulc be enough to allow 100'
frontage on the lot. There must be 100' of frontage on the paved
way for each of the two lots which are to built upon. Walter
Power further felt that the cul-de-sac should end at the 100-foot
point. Mr. Kielty replied they are more than willing to do this ,
but from a safety standpoint, the area suggested is not as level.
Walter Power felt the Board should view the property to make a
better determination. This will be done on Saturday, July 16 , at
9: 30 a.m. (the Board to meet at Puleo 's Ice Cream Stand) . Mr.
Kielty and Mr. Goutzos will return to the Board on July 21 and
the public hearing for the Form C has tentatively been scheduled
for September 1, 1983.
BOARD OF APPEAL AGENDA
The Planning Board reviewed the upcoming petitions to be heard
• by the Board of Appeal on July 20 , 1983 , and determined there
were none they wished to comment upon.
There being no further business , a motion was made to adjourn.
Having passed unanimously, the meeting was declared adjourned at
10:00 P.M.
Res ctfullysub ' tted,
Dale E . Yale
Clerk
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AGENDA
JULY 27, 1983 - 7:00 P.M.
2nd Floor - One Salem Green
1 . Petition of Arthur Chalifour for a Variance to allow the use of a
loading dock for outdoor dining at 96 North St. (B-1 )
2. Petition of Joseph & Diana Cosgrove for a Special Permit to convert
an existing two family dwelling into a three family dwelling at
2 Thorndike St. (R-2)
3. Petition of Richard L. Pohl for a Special Permit to_div-ide_non=confG
lot into wo o sorrvert carliage-house-ora-Lo.t_7_into single family
dwelling at 1.8-Summer St. (R-3 or B-3)
4. Petition of Paul & Jan Ricard for a Special Permit to convert existing
• two family dwelling into a four family dwelling and a Variance from
parking requirements at 29 Andrew St. (R-2)
5. Petition of Hardy & Bentley Street Realty Trust for a Special Permit to
convert an existing five-family dwelling into a five unit condominium at
10 Hardy St. & 11 Bently St. (R-2)
6. Petition of John D. Spinale for a Special Permit to expand non-conforming .
use by constructing a cement block building on an existing foundation at
61 Ward St. (R-3)
7. Petition of Stoll Associates, Inc. for a Special Permit to convert to a
seven unit condominium and a Variance from parking requirements at
105-107 Essex St. a/k/a 4 Union St. (R-2)
•
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AGENDA--April 21, 1983
1. Public Hearing--James Kieran
2. Goutsos--Form A (Sophia and Appleby Roads)
3. Approval of Minutes--April 7, 1983
4. Michael Moniz re proposals for Bridge Street
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MINUTES OF MEETING
April 21, 1983
The Salem Planning Board met at One Salem Green, second floor conference
room at 7:30 p.m. on April 21, 1983. Present were Walter Power, Kenneth
May, David Goodof, and Donald Hunt. Edward Stevenson, Abby Burns, Normand
Houle, Willian Cass, and William Wheaton were absent.
There being no quorum, the Chairman declared the meeting open for discussion
at 7:45 p.m.
PUBLIC HEARING--ERNEST DELPERO
Walter Power read the notice of the public hearing. A letter from Mr.
DelPero's attorney, John Serafini, Jr. ,was read which requested the
hearing be continued for two weeks until further calculations can be
obtained. The Board saw no objection to this request'and the hearing
will be continued until May 5, 1983.
• PUBLIC HEARING--JAMES KIERAN
Chairman Walter Power read the notice of the public hearing. Mr. and Mrs.
Kieran wish to construct a single-family home and pool on Linden Avenue
which abuts a wetland area. Mr. Kieran stated there will be no filling of
the pond, just slight grading to accomodate the home.
Mr. Johnson of Hancock Survey presented the plantothe Board and noted the
only excavation will be for the pool. There will be finish grading for the
deck. The septic tank will be located in front of the house and the septic
system will begin -accordance with State codes.
Ken May noted that the Planning Board's only area of jurisdiction was with
the pool because it is within one-hundred feet of the pond.
Walter Power read the comments of the other participating Boards. The
Board of Health concurs with the proposal and a sewage permit will be
issued; the City Engineer concurs, but noted further permits for water
will be required; the Conservation Commission concurs and will issue an
Order of Conditions following an inspection of the site.
Walter Power asked for comments from other persons present. Mr. John
Hourihan of 2 Wilfred Terrace stated he had no objection to a single-
family home on the property, but expressed concern for storm drains in
the area. It was felt that more building in the area would have an ad-
verse impact on the drainage in the area. Mr. Johnson noted that there
is minimal change in grade, so the drainage will not be changed. Ken
May further commented that this was more the pervue of the Conservation
Commission.
Minutes of Meeting--April 21, 1983 Page 2
• Mr. Hourihan also expressed concern for the drainage of the pool and
Mr. Kieran noted that the pool would not be drained. Mr. Hourihan
asked what would happen if there was a problem with the pool, where
would it drain? Susan Madison noted that any drainage problems caused
by the pool or any of the proposed building would have the most impact
on the Kierans themselves, so they will deal with the issue properly.
Ken May stated that the Planning Board had jurisdiction over the type
of fill being used--this will be included in the permit. Mr. Kieran
stated that no fill will be trucked in--the only fill they plan is for
topsoil for the planting of grass--nothing will be done to adversely im-
pact the land or the pond. The vegetation around the pond will not be
disturbed.
Walter Power said they would look to the Conservation Commission for
guidance in this matter and the Special Permit will be issued at our
next meeting on May 5, 1983. He then declared the public hearing
closed. .
CHARLES GOUTSOS--FORM A
Mr. Goutsos and Mr. Kielty, an attorney were present to discuss the matter
of a parcel of land on Sophia and Appleby Streets. It is not fronted on a public
way; no subdivision plan was presented; therefore, 'the consensus of the
• Board that this could not be covered under a Form A.
Mr. Goutsos would like to Combine/seven -small parcels of land into three
larger lots. He stated he would be responsible for curbings, etc. and
whatever is needed to conform to current subdivision laws.
The Planning Board felt this should be a Form B application. Therefore,
at Mr. Kielty's request, Mr. Goutsos was allowed to withdraw without
prejudice his application for a Form A.
BOARb OF APPEAL AGENDA
The Planning Board will inform the Board of Appeal of its objection to the
following petitions:
Petition of John M. Martins for a Special Permit to convert to a three-
family dwelling an a variance from parking requirements at 50 Balcomb Street
on the grounds of the area being too congested and allowing the variance
would only exacerbate the problem.
Petition of Raymond and Elberta Cloutier for a variance to divide a parcel
of land into Lots A and B, neither having sufficient square footage, to
construct a single family home on Lot B at 18 Abbott Street, on the grounds
that it would create undersize lots in an R-1 area.
Petition of Jeffrey L. Musman for a Special Permit to convert to a three-
family dwelling and a variance to reduce parking requirements to one
space per unit at 70 Essex Street on the grounds of the area being too
congested already and this would only add to the problem.
l
Minutes of Meeting--April 21, 1983 Page 3
•
MICHAEL MONIZ--SALEM REDEVELOPMENT AUTHORITY
Mr. Michael Moniz of the Salem Redevelopment Authority was present to
update the Planning Board as to the proposed economic development of the
Bridge Street area.
A study has recently been completed of the area with a view towards the
potential effects of the connector road. Businesses in the area were
surveyed with the hope of identifying a range of projects which, when
completed, would hopefully have a "snowball" effect on upgrading the
area. Michael would like to present the findings of this study and
get an idea of the Planning3 card's feelings.
Michael then gave an overview of the area. He noted the residential stock
is in good shape and is quite stable. The question now is whether to
encourage residential use or turn the area into a more commercial type
of street. He further wondered what effect the proposed zoning of the
area would have on the ultimate use of the street.
David Goodof noted that the area is zoned mostly Business and there is
enough commercial activity on the street that it would not change even
with the connector road construction. Ken May felt that at some point
the lack of traffic might cause a problem.
• Walter Power read part of the Master Plan which addressed the area ( P. 78 and
79).which in part recommended that private development be encouraged in the
3. idge Street commercial area to create a family recreation area, having motels,
restaurants, shops, and beach areas which complement the downtown retail area
for overnight tourist visits. Do we now re-define this idea? Ken May asked
if this idea was practical in light of the new plans for the connector road.
Michael noted that the biggest area of impact was on the old bridge area.
There followed some discussion of the connector road impact and potential
traffic patterns.
Michael asked what buildings the Planning Board would choose for rehabili-
tation. David Goodof mentioned the Wayside Furniture building and Donald
Hunt mentioned the Pilgrim Motel. Walter Power felt that those areas
which most closely resemble the recommendations of the Master Plan should
be emphasized. He further noted that emphasizing this type of use would
have a positive effect on the housing stock in the area. Ken May added
that there are other types of uses that would be compatible and would be
of benefit to the residents. David Goodof felt Bridge Street proper should
be a retail type of area.
Michael Moniz felt the area could be divided into two sections--towards
the bridge could be geared towards tourists and towards the center of town
could be more commercial. He added they have a $50,000 working budget and
hope to get started with this seed money and small grants and encourage
private investment.
• Following further discussion, the Planning Board felt the street should
be divided into three parts: tourism on the bridge end, commercial in
the middle, an-d,neighborhoogIcommercial at the downtown end. Michael noted
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Minutes of Meeting--April 21, 1983 Page 4
•
that Salem Plumbing, the Waikiki, Jaynes Marine, Federal Paint, and the
former Pilgrim Motel are properties being considered for renovation. It
is further hoped that the area right before the bridge can be developed
into a "tourist holding area." The possibility of a neighborhood development
corporation and incentives for redevelopment are being researched. Michael
further added that they are looking for a model project to help get things
started. Don Hunt noted that doing some planting of mature trees in the
area would help from an aesthetic viewpoint.
Following this presentation, Michael gave a brief description of other
projects in the City: the Point/UDAG project is now underway and showing
success; a second grant is underway to finish the YMCA project; a new
train station is anticipated for the end of Washington Street with a park-
ing lot for 300 cars; 5-9 Summer Street is now slated for a7lbed/breakfast
inn; a White Hen Pantry will be located on Norman Street, on the site of
the former North Shore Ambulance garage; there is still a potential for
the Armory site to be developed into a convention center; and the South
River project still has possibilities.
There being no further business, the Chairman declared the meeting
adjourned at 10:05 p.m.
Respectfully submitted,
Act-
Dale E. Yale
Clerk
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1983 ANNUAL REPORT OF THE
SALEM PLANNING BOARD
Gentlemen:
The Planning Board holds its regular meetings on the first and third
Thursdays of each month to administer the Subdivision Regulations and to
review long-range community planning objectives. The Board also reviews
applications for Wetlands/Floodplain permits, Cluster Development permits,
and Planned Unit Development permits.
During 1983, one member, William Wheaton resigned, leaving a�vacancy
and eight members. Also, two members terms have lapsed, Kenneth May and
Edward Stevenson.
Between January 1, 1983, and December 31, 1983, the Board received
25 Form A applications of which 22 were approved as not requiring
approval under the subdivision control law; 1 Form A was denied; 2 were
withdrawn without predudice.
During the same time period 2 Form B Preliminary Plans were submitted;
one by Charsid Realty Trust for seven dwelling units near Sophia and
Appleby Roads of which only one was later approved; a second by the Maine
Post and Beam Company for land around Tedesco Pond which was proposed
to have 24 attached dwelling units, but was later withdrawn.
Also in 1983, 1 Form C Definitive Plan was submitted to the Board.
This was the resubmission of the Pickman Park Development which is proposed
to include 304 attached dwelling units adjacent to the Forest River
• Conservation Area. As of the end of 1983, the Board had not yet reached
a decision on this matter.
Eight applications for Wetlands/Flood Hazard permits were received
• in .1983, of which all were approved. \
The developer for the Pickman Park Development requested that the
Board extend his Cluster Development permit which had lapsed, on the'
basis of economic hardship. Under the advisement of the City Solicitor,
the Board agreed there was a hardship and voted to extend the permit
an additional 2 years. Another application for alCluster .permit was
later withdrawn by the Maine Post and Beam Company for their project off.
Loring Avenue. This is expected to be resubmitted in 1984.
The Board reviewed 3 Sign applications, all of which were approved.
Also, the Board held discussion on the refining of the City's Sign
Ordinance, but deferred any action until 1984.
In conjunction with the Planning Department, the Board created a
• proposed Amusement District Ordinance which was sent to the City Council
for their approval but was later amended and approved by the Council with
revisions.
A proposed ordinance to preserve the City's Carriage Houses'was
prepared by the Board and sent to the City Council for their approval.
This was not resolved in 1983.
The Planning Board also regularly reviews and comments on Board of
Appeal decisions and regularly receives updates on the projects being
done by the Salem Redevelopment Authority and the Salem. Planning
Department.
Current members of the Planning Board include: Walter Power, Chairman,
and regular members Abby Burns, Donald Hunt, David Goodof, Normand Houle,
Kenneth May, Edward Stevenson, and William Cass. Dale Yale is the
• Board's Clerk and Charles Frederiksen is the Board's Aide.
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Agenda--January 6 , 1983 -
1. Approval of Minutes
2 . Pickman Park
3 . Budget
4 . Old Business
5 . New Business
•
•
Ctg of %5-ialeni, A. bosac4usetts
Planning �Rparl
AMENDED
MINUTES OF MEETING
January 6 , 1983
The Salem Planning Board met at One Salem Green , second floor , on
Thursday, January 6 , 1983. Present were Abbv Burns , Normand Houle,
Ken May, Donald Hunt, William Cass , William Wheaton, and Walter
Power. David Goddof and Edward Stevenson were absent.
Chairman Walter Power called the meeting to order at 7 : 37 p.m.
APPROVAL OF MINUTES
Upon the motion of Donald Hunt and second of Abby Burns , the minutes
of December 2 , 1982 , were approved. It was so voted.
PICKKAN PARK
Due to a prior committment on the part of Peter Beatrice and the
• illness of Richard Stafford, neither will be able to appear at
this evening' s meeting. Therefore , any action on Pickman Park
will be deferred until the next meeting. However, Chairman Walter
Power opened the meeting to any discussion of the situation. He
stated that Richard Stafford was still researching the problem and
would render a formal opinion as to whether a re-submittal and
subsequently a new public hearing, would be necessary.
Susan Madison noted that a public hearing could open the way for
the abuttors to bring court action against the City and/or the
developer. Further, if the subdivision is ultimatelv denied , Mr.
DiBiase would have grounds for suit in light of the donated con-
servation land„which would be forfeited. Susan further pointed
out that the loss of a building season could also provide grounds
for a suit.
William Wheaton raised the possibility of re-zoning the area to
R-1. Susan Madison noted the area is already close to R-1 density.
Perhaps a better way to handle the situation is to ungrade the R-3
density from 3500 square feet per unit to 5000 square feet, for
example. Walter Power warned the Board to go slowly in this regard
as there are other areas of the City which may be affected. Bill
Wheaton felt that if the Pickman Park area was designated an R-1 ,
some re-negotiating was done with the developer , etc . , the opinions
of the neighborhood would be tempered somewhat. Walter Power .felt
• that in light of the donated conservation land, which was part of
the agreement, if the area was re-zoned , it wouldn' t be plaving
fair with the developer. The Planning Board would be "changing
the rules in the middle of the game. ”
Minutes of Meeting--January 6 , 1983 Page 2
• Ken Mav felt that the developer could only sue the Citv_ for the
permit, not for the land-taking. He felt the question here is
if the plan was a good one when it was approved, what' s wrong with
it now? Bill Wheaton replied that the City is becoming over-
built with townhouses and condominiums and the market is now better
for single-family homes . There are reasons for encouraging cluster-
type developments which are no longer valid.
Walter Power noted that the Planning Board insisted on open land
in the original agreement. Bill Wheaton felt the open land was
inaccessible; however , Abby Burns and Susan Madison disagreed.
Susan further pointed out that a populated area around open land
Prevents abuse of the land U. e. trailbikes , etc . ) .
Walter Power felt the Board must continue to act in good faith.
Even though the developer originally came in with a much higher
density,. he worked with the Board to come up with a good, acceptable
plan. If he must re-submit, Walter Power felt Mr. DiBiase would come
in with essentially the same plan. He further emphasized that it
was a good plan, very saleable with good views , limited access,
etc. It was a well-planned subdivision.
Bill Wheaton asked how much improvement to the oroperty has been
done . Susan Madison replied that some sewer and water has been
• put in.
Following further discussion as to the merits of re-zoning the
area, Bill Wheaton withdrew his objection to the plan as it now
stands .
Walter Power noted that the plan also calls for an Association
which would maintain the roads, take of the trash, etc. In re-
sponse to a question from Normand Houle , Susan Madison stated
that these agreements for trash,' etc, usually last approximately
fifteen years. When the plan was negotiated every effort was
made to minimize the impact on the present neighborhood.
William Cass felt that unforseeable events were the cause of the
lack of further improvements on the site .
Walter Power noted that the main objection of the abuttors was
the potential of the condominiums being rented as apartments
and possibly being rented out to college students , etc.
Ken May warned the Board that if this was a re-submittal , that
all aspects should be considered carefully and the Board should
not dispense with the matter too quickly. Walter Power asked
that the Board review all their material pertaining to this sub-
division again and be ready for serious consideration at our next
meeting.
•
Minutes of Meeting--January 6 , 1983 Page 3
• AMUSEMENT ORDINANCE
Following review of the Minutes of the Public Hearing on this
subject, Walter Power asked the Board for input as to what recom-
mendations should be made to the Council.
Bill Wheaton felt very strongly that we could not legislate morality
in this matter, that the appeals process should be followed_ in
licensing these video machines and that perhaps _
some conditions and guidelines could be given to the Board of
Appeal to help them in dealing with thie issue .
It was the concensus of the Planning Board that two machines
or less would be licensed by the Licensing Board only. Any
more than two machines would be considered an arcade and would
be allowed only in designated districts and by permit of the
Board of Appeal. Bill Wheaton pointed out that the public was
very much aware of what the Board of Appeal's agenda was to
be each time it met and if the neighbors showed strong and
logical objection to an arcade , the permit would be denied.
Upon the motion of Ken May and second of Bill Wheaton, video
game;.,arcades (three or more machines) shall be allowed by
special permit in certain zones to be determined and there shall
be no absolute prohibition of two or less machines which are
• licensed by the Licensing Board. The motion passed unanimously.
Upon the motion of Bill Wheaton and second of Ken May, video
game arcades (three or more machines) will be allowed by
special permit in all business (B) zones except B-1. The motion
passed unanimously.
A rough draft of restrictions and guidelines regarding the
granting of a special permit was discussed and will be acted
upon at our next meeting.'
BUDGET
Walter Power reported that he had met with Greg Senko and Claudette
Martineau regarding the Planning Board budget and in essence the
budget will remain the same as last year' s :oer the Mayor ' s level
funding request.
OLD BUSINESS
Susan Madison reported on the status of the proposed cluster de-
velopment by Maine Post and Beam behind the Stop and Shop in
Vinnin Square . The developers unfortunately did not meet with
the abuttors and the ward Councillor before going to Board of
Appeal for a permit for greater density and have raised the ire
of the neighborhood. They have now withdrawn their request for
•
Minutes of Meeting--January 6, 1983 Page 4
• a hearing before the Board of Appeal. Bill Wheaton asked how
much water is included in the total density. Perhaps in the
future water should not be included in the total density figures.
Walter Power noted that a landowner is taxed on the water as well,
as buildable land.
NEW BUSINESS
Walter Power spoke about the proposed marina being planned for
Winter Island. Two-hundred slips and one-hundred moorings with
launch service are being proposed. Walter Power felt it was
a good project for the Island and for the City. . Having a year-
round presence on the Island would minimize vandalism and would
also provide an excellent use for Salem residents .' He emphasized
that the Island could not be supported on the gate reeipts alone , '
and urged the Planning Board to support the proposal.
A letter will be drafted supporting the proposal and will be
signed by the Board members at our next meeting.
There being no further business, a motion was made to adjourn.
Having passed unanimously, the meeting was adjourned at 10: 10 p.m.
Respectfully submitted,
Dale E. Yale vU/`
Clerk
•
• ROUGH DRAFT OF PROPOSED RESTRICTIONS AND GUIDELINES FOR LICENSING
OF VIDEO ARCADES .
It was voted to leave the licensing of one or two video machines
in the hands of the Licensing Board.
It was voted to allow video arcades ( three or more machines) in
all Business (B) districts except B-1 by special permit granted
by the Board of Appeal
It was suggested the games be defined as "commercial amusements . "
A restriction that a security guard in uniform be required at an
arcade during all open hours should be instituted by the Board of
Appeal.
Excessive density of arcades should be addressed.
• Granting of a special permit should be done in an area where
there is adequate parking"
Distance from schools and residential areas should be taken into
account before the granting of the special permit.
The arcade should create no undue noise .
•
&V of $alem, Massnc4uoetts
Office of foe (gitg (1lferk
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January 4, 1983
Mr. Walter B. Power, III, Chairman
Planning Board
18 Loring Avenue
Salem, MA 01970
Dear Mr. Power:
• Please be advised that Council President Stephen P. Lovely has appointed
Councillor Brian T. O'Keefe to serve as the City Council's liaison to the
Planning Board.
Very truly yours, �J
JOSE R. FOSCO
CI'T'Y CLERK
JRF/deb
SCHAUER AND SODERBERG
ATTORNEYS AT LAW
• 222 ESSEX STREET
SALEM, MASSACHUSETTS 01970
NEIL R. SCHAUER TELEPHONE
ROGER K. SODERBERG (617) 7446730
January 6, 1983
Mr. Walter Power, III, Chairman
City of Salem Planning Board
One Salem Green
Salem, Mass . 01970
Re : Proposed Amendment to Salem Zoning Ordinance
Concerning Creation of an Amusement District
Dear Mr. Power:
I wish to express my appreciation and that of my client,
Harvey Lazarus for the opportunity you extended to us at the
• planning board meeting December 16, 1982 to express ourselves
concerning the proposed amendment to the zoning ordinance. We
would like to avail ourselves that opportunity through this
letter.
As we disclosed at the ,joint Planning Board and City Council
meeting, Mr. Lazarus has an interest in property on New Derby
Street . The •area is presently zoned as a B-4 district . We
believe that the area is a good example of a business district,
well removed from residential areas, in which amusement devices
could be allowed without imposing any hardship on other land
owners or users or on the city itself .
I think it is clear from all of the discussion that the real
issue underlining the proposed amendment is the question of video
games . Although opinions do vary, I think most will agree that
the games are a relatively innocuous and reasonably priced form of
diversion and amusement . Many people, not all of them children,
find them fun. They are also a business ; they attract people and
they create traffic . Accordingly, there are certain areas of the
city in which they may be inappropriate .
•
Mr. Walter Power, III, Chairman
• January 6, 1983
Page 2
During the course of the planning board' s meeting on December
16, there were a number of references to disturbances caused by
establishments having video games . I believe that this concern is
exaggerated and is not borne out by the experience of the city to
date . A well regulated and properly supervised facility providing
video games to the public does not cause congestion, traffic flow
problems or disruption which is significantly different from any
other retail use . There is no factual basis, for example, for the
assumption that the complaints from residents of the Willows area
have been, in any way, related to or caused by the patrons of the
video game arcade located among the other amusement facilities at
the Willows . In fact, from personal observation, I would say it
is highly unlikely.
There are a number of people involved in the legal process of
making and amending the zoning ordinances for the City of Salem
who feel that installation of video games is a suitable subject
matter for zoning control regardless of the other kinds of control
that are exercised by the licensing board. We do not contest this
• view unless the nature of the restriction is so severe that it
prohibits video games in areas presently zoned for business use
where other uses having essentially the same impact on the
surrounding area are permitted. The presently proposed amendement
limiting such games to only one existing district, B-2, is so
restrictive that it would unreasonably interfer with the rights of
property owners in other business zones .
If video games are to be made the subject of zoning control,
I would offer the suggestion of simply prohibiting commercial
amusement devices in all residential zones and in the neighborhood
business zone. This would prevent the installation of these games
in residential areas where the added traffic flow may very well be
undesirable without giving rise to the kind of single subject
restriction which may be vulnerable to a court challenge . This
would eliminate the necessity for burying the video games in a
broader definition which may unintentionally prohibit activities
with which you do not want to interfere .
Recognizing that the subject matter is already subject to
regulation by the licensing board, I would further suggest that
amusement devices be permitted as a matter of right in those zones
Mr. Walter Power, III, Chairman
• January 6, 1983
Page 3
in which they are to be allowed. This would retain the protection
against the intrusion of inappropriate uses in residential areas
without imposing any further burden on the Board of Appeals .
Whether the use in business districts .is by right or by
special use permit, we request that you seriously consider
expanding the areas in which commercial amusement devices would be
permitted, from the single existing zone as set forth in the
proposed amendment, to all business zones other than the
neighborhood business zones .
Thank you.
Very truly yours ,
Roger K. Soderber
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AGENDA--May 5, 1983
1. Continuation of Public Hearing--Ernest DelPero
2. Special Permit--James Kieran
3. Board of Appeal agenda
4. Approval of Minutes--Apr. 7 and Apr. 21
5. Old Business
6. New Business
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MINUTES OF MEETING
May 5, 1983
The Salem Planning Board met at One Salem Green, second floor conference
room on Thursday, May 5, 1983. Present were Donald Hunt, Normand Houle,
Abby Burns, William Cass, Edward Stevenson, Ken May, and Walter Power.
William Wheaton and David Goodof were absent.
Chairman Walter Power called the meeting to order at 7:45 P.M.
DELPERO--CONTINUATION OF PUBLIC HEARING
Chairman Walter Power read the notice of the continuation of the hearing.
The' petition concerns the request for a Wetlands/Flood Hazard Special
Permit for the construction of a four-unit dwelling at 82 Webb Street:
The continuation was requested by Mr. DelPero pending the receipt of
additional engineering calculations.
Mr. DelPero noted that the Conservation Commission has studied the plan
• and found it to be well-designed. The plans have been made using the
worst possible conditions as a basis. The building will be placed on
stilts and the living area will be on the second floor of the structure.
No deep testing has as yet been accomplished, so the design was drawn
using the worst possible conditions. Once deep testing has been accomplished,
there is a possibility of removing one pile.which is presently shown on
the plan.
The Board expressed concern for the grade of the base of the stairs and
Attorney John Serafini, Jr. , representing Mr. DelPero stated that they
had no problem with locating the base of the stairs at 15.36. He further
noted' that the entrance to the building would' be above 15.36.
Ken May asked^if Mr. DelPero planned to build a wooden stairway and Mr.
DelPero replied in the affirmative. Edward Stevenson asked what level
the sundeck would be located and Mr. DelPero replied it was to be at 23.5,
Walter Power questioned the use of circular stairways and Mr. DelPero
replied' that they will conform to the building codes.
The City Engineer concurs with the plan; the Building Inspector concurs;
and the' Board of Health concurs with the' plan. The Conservation Commis-
sion will issue an Order of Conditions referencing the final plan once
the' deep' testing is completed.
The consensus of the Board was in favor of the plan, but will act once
• all plans are in final order.
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Minutes of Meeting--May 5, 1983 Page 2
• SPECIAL PERMIT--JAMES KIERAN
Susan Madison gave the Board update on Mr. Kieran's proposal to construct
a single-family dwelling on Linden Avenue Extension. The Kieran's plan
to construct a swimming pool which would be within the wetland buffer zone.
There was also some question of the drainage of the area being affected
by the construction of the dwelling, but City Engineer Fletcher has as-
sured the Board that the area is one of the better drained in the City.
The Conservation Commission has issued an Order of Conditions referencing
the plan presented.
Upon the motion of Ken May and second of Abby Burns, the Special Permit
was approved referencing the plans presented. It was so voted.
RICHARD KAMINSKI--NEW SIGN
Richard Kaminski, owner of Dick's Donuts on Highland Avenue was present
to discuss the possibility of placing a lighted sign on the roof of his
establishment. The consensus of the Board was that additional input re-
garding this matter and the signage matter in general was needed from
the Planning Department. Each Board member will re-read the Sign Or-
dinance and arrangements will be made to invite Greg Senko to a meeting
soon to discuss this matter in detail.
BOARD OF APPEAL AGENDA
• Regarding the petition of Thomas J. Boucher for a Special Permit to extend
non-conforming front setback and change fron one non-conforming use to
another, also Variances from setbacks and parking as needed to allow
construction of an addition at 44 Jefferson Avenue, the Planning Board will
ask the Board of Appeal to consider the traffic flow on this main artery
and if this proposal will slow down this flow, they should make provisions
for off-street parking.
Regarding the petition of Aser Frisch for a Special Permit to add a fifth ) `. r
unit to an existing four-unit dwelling at 198 Lafayette Street (R-3) ,
the Planning Board is opposed to adding an additional unit'if off-street
parking is not available.
Regarding the petition of Jan Rozen and Arnold Maloff for a Variance to
allow professional dental offices on the first floor of 2 Winter Street
(R-2) , the Planning Board is opposed to further encroachment of offices
into this residential area. Parking is also a problem in this area.
A:letter will be sent to the Board of Appeal addressing these issues.
MINUTES
Upon the motion of Abby Burns and second of Ken May, the minutes of April 7
were approved. It was so voted.
•
Minutes of Meeting--May 5, 1983 Page 3
• Upon the motion of Donald Hunt and second of Abby Burns, the minutes of
April 21, 1983, were approved as amended. It was so voted.
OLD BUSINESS
Walter Power noted that William Wheaton has tendered his resignation from
the Planning Board. It is hoped a new member will be appointed 'shortly.
There being no further business, a motion was made adjourn. Having passed
unanimously, the meeting was adjourned at 9:40 p.m.
iRes ectfully submitted,
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Dale E. Yale
Clerk
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AMENDED
MINUTES OF MEETING
August 25, 1983
A special meeting of the Planning Board was held on Thursday, August 25,
1983, at One Salem Green, second floor conference room. Present were
William Cass, Edward Stevenson, David Goodof, Kenneth May, Donald Hunt,
and Walter Power. Also present was City Solicitor Richard Stafford.
Normand Houle and Abby Burns were absent.
Chairman Walter Power called the meeting to order at 7:40 p.m.
FORM A--FERRIS
Attorney George O'Brine was present on behalf of Mr. Ferris. The petitioner
wishes to clarify the title of a parcel of land by combining the parcel in
question with land abutting it already owned by the petitioners. Attorney
O'Brine plans to take the matter of ownership into Land Court and needs the
approval of the Planning Board prior to going to Land Court. . Attorney
• O'Brine submitted a court case (attached hereto and made a part hereof)
he feels substantiates his contention that this petition is appropriate.
David Goodof asked if the title to the property is in dispute, how can
the Planning Board act on a Form A?
City Solicitor Stafford gave the Board some background of the issue. The par-
cel in question has never been conveyed to Mr. Ferris and the Registry of
Deeds shows that the City does indeed own the lot, even though the abutting
parcel was conveyed to Mr. Ferris from the City in 1955.
Mr. Stafford further pointed out that the petitioner's application shows no
book or page; therefore, the application is incomplete. There is no way the
petitioner can show title to the property. Ken May added that no sufficient
frontage is shown on the plan to satisfy the requirements of the endorsement.
Attorney O'Brine respectfully disagreed, stating his clients have met all the
requirements for adverse posesssion and their petition is the first step in
clearing up the title. He felt the City should welcome this opportunity.
Ken May and David Goodof agreed that there was no way the Board could act
on a petition which had no clear title and was still involved in litigation.
Walter Power added that this would be contrary to any procedure the Planning
Board had followed in the past.
Attorney O'Brine felt the case he presented suggested that the Planning Board
duty was to administer this petition. Ken May replied that this was not so if
the requirements had not been met. In this case they have not. The issue is
I� ownership of the property. David Goodof added that if Land Court says Mr.
I� Ferris owns the property, the Planning Board could act. There is no clear
title at present.
Minutes of Meeting--August 25, 1983 Page 2
i
Upon the motion of Ken May and second of David Goodof, the petition was
denied on the absis that there is no clear proof of ownership of the
property in question and that the lot as shown does not have sufficient frontage
on a public way. It was so voted, six in favor, none opposed.
EIGHTEEN SUMMER STREET REALTY TRUST
The Planning Board discussed the matter of the litigation involving the Form A
granted to Eighteen Summer Street Realty Trust on July 21, 1983, with the City
Solicitor.
ZONING MAP
Peter Caron of ,the Assessors' Office was present to present an updated
Zoning Map to the Board for their approval. Mr. Caron gave an overview of the
changes made to the map according to ordinances passed since the last map
was drawn up.
Upon the motion of Ken May and second of Bill Cass, the Chairman was authorized
to speak with the City Clerk regarding the Board's discussion of the map. It
was so voted, six in favor, none opposed.
FORM A--CITY OF SALEM
• This involves the combination of a lot at 262 Essex Street with an adjacent lot
owned by the City of Salem to form one contiguous lot.
Upon the motion of Kenneth May and second of Edward Stevenson, the Form A was
endorsed, approval under the Subdivision Control Law not required. It was so
voted, six in favor, none apposed.
There being no further business, a motion was made to adjourn. Having passed un-
animously, the meeting was declared adjourned at 9:30 p.m.
Respectfully s
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Clerk
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AGENDA--OCTOBER 20, 1983
1. Richard Pohl--Carriage House Ordinance
2. Public Hearing--Moose Landfill
3. Cloverdale/ Emmert6n Subdivision
4. Form A--Highland Realty Trust; Fafard
5. Approval of Minutes--Sept. 1, 15; Oct. 6
6. Old Business
7. New Business
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MINUTES OF MEETING
October 20, 1983
The Salem Planning Board met at One Salem Green, second floor con-
ference room, on Thursday, October 20, 1983. Present were Abby Burns,
Donald Hunt, Kenneth May, David Goodof, and Walter Power. Also
present was Charles Frederiksen, Planning Board Aide . Normand Houle ,
Edward Stevenson, and William Cass were absent.
Chairman Walter Power called the meeting to order at 7t40 p.m.
CARRIAGE HOUSE ZONING AMENDMENT--RICHARD POi{L
Planning Board Aide Charles Frederiksen met with Richard Stafford
to formulate a procedure for. drafting and presenting this proposed
zoning amendment. Language will be drafted which will include the
definition of a carriage house , after a public hearing will be held.
Following the hearing, the Planning Board has twenty days to submit
their recommendations to the City Council. A two-thirds vote is re-
quired in the Council to pass the ordinance .
Walter Power suggested the ordinance should tie itself to some type
of listing or registry of carriage houses . Ken May added that once
the draft has been prepared, the Planning Board should have a chance
to discuss it prior to the public hearing.
Dr. Pohl and Charles Frederiksen will meet to discuss the language
further and will return to the Planning Board in the near future .
PUBLIC HEARING--MOOSE LANDFILL WETLANDS SPECIAL PERMIT
Chairman Walter Power read the notice of the public hearing. Mr.
Thomas Neve , engineer for the project presented the plan to the
Board. In essence they are trying to make an unuseable piece of prop-
erty useable . Two parcels are actually involved--one owned by Crete
Realty Trust, the other by the Moose Lodge . There is a deep ravine
and large area of wetland which they propose to fill in accordance
with the wetlands protection act and the constraints of the Planning
Board. The Conservation Commission has .closed their_ public hearing
and will issue an Order of Conditions at their next meeting. They
plan to fill a 4900 sq. ft. area.
Walter Power asked what the ultimate purpose of the filled area will
be and Mr. Neve replied they plan to make the parcel buildable .
[alter Power asked what kind of fill would, be used and Mr. Neve re-
Minutes of Meeting--October 20 , 1983 Page 2
plied they plan to use excavation materials , stumps , construction
materials . No stumps will be placed within 100 ' of the wetland; no
• bituminous will be placed within 100 ' of the wetland . They will use
no hazardous waste , refuse , or solid waste material . He noted they
were the engineers for the Hutchinson Drug property and' they used piles
for construction, so it is likely they will do so here as well in any
future construction.
Abby Burns asked how wet the area they plan to fill actually is and
Mr . Neve replied it was determined as a wetland by the vegetation which
was delineated by a member of the Conservation Commission. Jim Mac-
Dowell of the Conservation Commission was present to discuss the pro-
posal and noted that the significance of the area under the Wetlands
Protection Act was relatively small . In terms of recharging and run-off ,
it is not a terribly significant area.
Donald Hunt asked about the culvert and Mr. Neve stated the State had
been informed of their proposed installation of a new manhole which
will be 36" in diameter and constructed of reinforced concrete pipe.
In response to a question from Walter Power , Mr . Neve stated there
would be a clean-out manhole between the existing and new Dive and
the slope of the new pipe would line up with the old and would be
placed correctly even if the State has to renew the old pipe.
Donald Hunt asked how many linear feet they propose to .fill and Mr .
Neve estimated 500 feet . Mr . Hunt expressed concern for the Forest
River and the precendent that would be set . Mr. Neve noted the new
regulations were very specific as to the restrictions of this type
• of proposal and any subsequent proposals . Further , Mr. Neve felt
there would be no oxidation problems as the draft created by the ad-
dition of the new culvert will not affect the oxygen content . It is
not a dead-end line .
Jim MacDowell addressed the problem of the plugged culvert under
Highland Avenue. The State is aware of the problem and they have at-
tempted to clean the pipe out a number of times with little success .
"Roto-rooting eauipment will now be employed .
Mr. MacDowell added that the Conservation Commission' s concern is
with water quality. Thompson' s Meadow could ultimately be affected
by any unacceptable leachate . This is the reason for the segre-
gation of stumps and bituminous . Further , periodic testing of the
water has been ordered by the Commission. The Commission has also
ordered that all unacceptable materials be removed from the site prior
to the commencement of work. and that a security fence be erected to
insure no unauthorized dumping takes place .
The Building Inspector concurs with the proposal ; the City Engineer
concurs ; the Board of Health. is reserving comment until they can
discuss the proposal further with the Conservation Commission.
Mrs . Jean LaChapelle of Highland Avenue expressed concern for the - 1. -
clogged pipe under Highland Avenue. It has had an adverse impact
Minutes of Meeting--October 20, 1983 Page 3
on their property in particular"'and they have been trying to resolve
• the matter for a number of years to no avail. They are hopeful that
no new work will commence without resolution of the clogged pipe .
They are not necessarily opposed to the proposal, but feel this mat-
ter needs to be addressed.
Councillor John Giardi, liason to the Board of Health,spoke in favor
of the project. He recommends weekly "monitoring of the site by the
Board of Health, together with a representative of the Department
of Enviromental Quality Engineering. He further feels that if
the applicant can provide assistance in getting the culvert under
Highland Avenue cleaned out it would be a gesture of goodwill.- - .
He further feels that the Moose Lodge is a long-standing community
organization which will comply with all mandates. He feels secure
with the proposal and it will eventually mean development for the
City. He has spoken with the City Engineer regarding the clogged
pipe as well.
William McLaughlin, Governor of the Moose Lodge , spoke in favor of
the proposal.
Walter Power asked who is responsible for maintenance of the culvert
and Jim MacDowell noted that this is outlined in the Department of
Public Works permit which the applicant must obtain prior to com-
mencement of work. Walter Power further asked if there would be a
problem if it was found the pipe under Highland Avenue was crushed
• and had to be replaced. Mr. Neve replied that they evaluated this
question at the request of the Conservation Commission and found
no reason to modify the inverts.
Walter Power stated that the Board would look favorably upon some
help from the applicant in resolving the blockage problem. Mr. Neve
replied that they are already working on this and are confident
it will be cleaned. They would like a favorable response quickly,
however, as they are anxious to begin before the weather gets too
harsh. Walter Power stated they will make a decision at the November
3 meeting of the Board and declared the public hearing closed.
FORM A--HIGHLAND REALTY TRUST
Attorneys John Serafini Sr. and Jr. , Mr. Jerry McNeil of Fafard
Company, and City Planner Greg Senko were present to discuss the
proposed Form A for a parcel on First Street, as well as to give
the Planning Board an overview of the progress of the Fafard
project.
Attorney Serafini Sr. gave the Board some background as to the
record of the company. They are very responsible and have ex-
cellent credentials. They will be good for Salem. A draft EIR
was prepared and the final EIR expired on October 15. They are
awaiting final orders from the Secretary of Environmental Affairs.
In addition, they have met with several experts to prepare a com-
• prehensive drainage plan for 155 acres of land. This plan has been
Minutes of Meeting--October 20, 1983 Page 4
•
presented to the Conservation Commission which is presently working
on a draft Order of Conditions to be discussed with the developer
in the near future . The plan will be completed in five to six
phases and will correct a serious water problem which currently
exists on Swampscott Road. The project takes advantage of the
natural terrain and the creation of holding ponds , etc. to control
run-off is both aesthetically pleasing and provides an excellent
run-off control. The Fafard Company has hired Mr. Jerry McNeil,
former City Planner for the City of Worcester, to work with the
various agencies in Salem to obtain the necessary permits in order
to begin construction. Input will be sought from the Planning
Board during the various stages of the planned unit development.
They want to be as cooperative as possible and anticipate spending
$60 million upon completion of the project. Additionally, nego-
tiations are being held regarding the completion of an additional
nine holes for the Municipal Golf Course . In return, the Farafd
Company will receive forty acres of land for their development.
The City will additionally receive ten acres for conservation land.
This "swap' has not gore beyond the talking stage at this point and
they will proceed with the project regardless of whether this ac-
tually comes to fruition.
The Fafard Company has recently acquired a parcel of land on High-
land Avenue adjacent to Marlborough Road of approximately five acres.
This parcel became important because of the importance of providing
an access road ',�t the Marlborough Road intesection : - They are now
working with_ the City to plan and construct a road.
The immediate reason they are here this evening is due to the fact
they are negotiating with Boston Traders to locate in Salem. They
have arrived at a price to get them to locate in the new develop-
ment. They would like to begin doing preliminary site work as soon
as possible so would like to go the Form A route .
Mr. MacNeil showed the Board the plan and stated they wish to go
forward with the Boston Traders site as soon as possible then they
will proceed with the PUD application, Special Permits, etc. This
will involve the industrial area within their owndership minus the
Boston Traders parcel. The parcel next to Highland Avenue is in an
B-2 area, so the uses will be compatible and no PUD will be required.
However, they will come in with the PUD application showing all uses
within the industrial development area. From Highland Avenue to
First Street will be shown as one total plan, but the permit will
only cover what is within the industrial zone . Committments for
development have been made within the PUD area, and upon completion
of approvals , construction will begin. They will also include a
road system in their plan, for which they are currently preparing
specifications. They will also come for subdivision approval. A
grant has been made for $500,000 for road construction and the bid-
ding procedure will be conducted according to the specifications
of the grant.
The residential units being planned will be located for the most
part in R-3 and RC areas ; however there will need to be a zoning
Minutes of Meeting--October 20, 1983 Page 5
• change within the considered residential area. They plan 700
condominium units to be constructed over a five-year period. The
distribution will be 7.2 units per acre--the existing zoning allows
12. Along with the construction of the additional nine holes of
the golf course , they will construct a new entrance across the
course which will also provide access to the residential area.
They plan to work closely with the Conservation Commission as to
the wetland areas. Mr. MacNeil noted that the project iw multi-
faceted with several agencies to deal with. They wish to work
closely with the City to achieve a project which will be an improve-
ment to the City. They are now preparing a time schedule which will
be made available to the Board, but anticipate coming in to the
Planning Board with their PUD application and subdivision applica-
tion with thirty to forty-five days.
Donald Hunt asked what the essential difference was between com-
mercial and industrial and Mr. MacNeil replied the planned retail
shopping center will be within the industrial zone . This currently
is not allowed except under a PUD. It is essentially an overlay
district which allows commercial, industrial and residential.
Donald Hunt asked if the commercial area interfaces with or connects
with the Hawthorne Shopping Mall and Mr. MacNeil replied in the af-
firmative . A new controlled access will be provided from the
residential area.
• Donald Hunt asked what the square footage of the Boston Traders
warehouse will be and Mr. MacNeil replied it will be 80,000 sq.
ft. Don Hunt asked what the relationship between commercial and
industrial will be and Mr. MacNeil replied it will be a 59-50 split.
Regarding the Hawthorne Shopping Area, Walter Power noted the Plan-
ning Board has stated on several occasions that an additional en-
trance to this area is needed and they felt the best location was
behind the Bed and Bath Store . This now is impossible as this is
the parcel Boston Traders is planning to use . An access out to
First Street with the plan as it is now presented would be impos-
sible. Mr. MacNeil stated that estensive studies have been done
on the overall traffic plan and what they have come up with seems
to be the best plan. Walter Power respectfully disagreed, stating
the Planning Board had recommended this type of access in the past
and it was agreed in principle that this would be accomplished.
The proposed Form A precludes any further planning in this regard.
The Form A for parcel 8 precludes the Planning Board's ability to
provide a direct access to Hawthorne Plaza from First Street. This
access request has been on record by the Board for well over a year..
and is being totally ignored by Highland Realty Trust in their in-
terest to develop this property on a piecemeal basis. Walter Power
contends that the access is very important in the overall project
development. Therefore , this Form A must provide for an access.
• The most salient reasons the access is needed are : 1) the concen-
tration of retail space in Hawthorne Plaza plus the projected re-
tail space in the Fafard development make it essential that at least
three major entrances be provided to the shopping complex; 2) Highland
Minutes of Meeting--October 20, 1983 Page 6
• Avenue is a major access road to the City. To avoid adding more
local traffic to that highway, First Street should be used as an
alternate choice of traffic distribution; 3) First Street access
will more efficiently serve people from Pequot Highlands and the
700 planned dwelling units,of the Fafard project, plus traffic
coming along Swampscott Road and the projected golf course road=
4) Internal traffic in the Plaza and new commercial additions will
be more efficient, as well as reduce traffic flow across pedestrian
access routes; and 5) Subjectively, the easier the access to a
shopping area, the greater the drawing power is to that area. We
would like to pull more people from Swampscott up Swampcott Road
to Salem to shop. (Examples the multi-entrances to Northshore
Shop ing Center which make it a desirable place to reach and to
shop.
Following several minutes of further discussion on this issue , the
applicant submitted a letter to the Planning Board extending their
application for the Form A until November 3 when this will be con-
sidered further.
MINUTES
Minutes of the last several meetings will be acted upon at our
next meeting.
There being no further business, a motion was made to adjourn.
• Having passed unanimously, the meeting was adjourned at 10:40 p.m.
R�esectfully submi ted,
-� at,
Dale E. Yale
Clerk
AMENDED
MINUTES OF MEETING
November 3, 1983
• The Salem Planning Board met at One Salem Green, second floor conference
room, on Thursday, November 3, 1983. Present were Walter Power, Abby Burns,
Kenneth May, Donald Hunt, Edward Stevenson, David Goodof (8:35 p.m. ), and
Planning Board Aide Charles Frederiksen. Normand Houle and William Cass were
absent.
Chairman Walter Power called the meeting to order at 7:35 p.m.
PHASE V SEWER PROTECT-WETLANDS SPECIAL PERMIT
Mr. Kevin O'Brien of C. E. Maguire, consultants to the project, was present
together with the City Engineer, Mr. Fletcher, to discuss the Phase V Sewer
Project which is currently underway. Mr. O'Brien stated the project consists of
the replacement of existing sewer mains with new pipes to prevent exfiltration.
Nothing new has been added beyond this replacement. The City Engineer added
that this project was mandated by direction from the Water Pollution Control
Board and DEQE. The project is 708 completed at this time.
The Conservation Commission concurs with the proposal and has issued an Order
of Conditions referencing the presented plans and specifications. The Building
Inspector concurs with the plan as does the the Board of Health. There being no
further discussion, the hearing was declared closed.
Upon the motion of Kenneth May and second of Abby Burns, the Special Permit
was approved referencing the presented plans and specifications. It was so
• voted, six in favor,none opposed.
WINTER ISLAND MARINA--WETLANDS SPECIAL PERMIT
Chairman Walter Power read the notice of the public hearing.
Mr. Daniel Lynch; engineer for the project, presented the proposal of Salem
Sound Development for the construction and maintenance of a marina facility,
support buildings which will be located outside of the buffer zone.One-hundred
fifty slips and a 260' timber pier on piles are to be constructed. They will drive
piles to a penetration of between four and six feet and anticipate no filling or
dredging. The piles will be capped with timbers to form a floating breakwater.
The floats will be concrete and will be moored. The depth of the water upon
completion will be four feet in the worst case. In response to a question from
Donald Hunt, Mr. Lynch noted the timbers will not be treated and the materials
they will use will be the best environmentally.
In response to further questioning from Donald Hunt, Mr. Lynch noted the pier
will go out into the harbor 260' and will be located in the same approximate
location as the previous pier . They anticipate no "cribbing", no tying off or
bolting to the ledge.
Donald Hunt asked if any storage of fuel was anticipated and Mr. Lynch replied
in the negative. Ken May asked if there would be utilities for the slips and Mr.
Mike Mentuck of Salem Sound Development replied in the affirmative. Donald
• Hunt raised the problem of parking on the Island and Mr. Bill Kelley of Salem
Minutes of Meeting 2
Sound Development noted some parking spaces (90) would be reserved. They feel
this amount of spaces will be adequate for their needs. Walter Power questioned
• if they will have a sewerage pxrp-out facility and Mr. Kelley replied in the
affirmative. They will have a designated area for pump-outs which will be
pumped to a holding tank and then through SESD. Walter Power asked what type
of pipe they would be using and Mr. Kelley replied they would use PVC pipe.
Walter Power asked Mr. Lynch what his source of wetland and flood hazard was
and he entered into evidence the U. S. Flood Map which is used for insurance
purposes and is issued by HUD. He noted the area is a "safe" harbor and will be
constructed with the Northeast storm frequency in mind. The floats will be
moored so that they can withstand this type of weather. He further noted that
in winter the floats could conceivably be brought in and stored. Mr. Mentuck
added he was convinced there will be little problem. He has studied the area in
detail during several periods of severe weather and there seems to be little
problem with the area in question. In addition the width of the concrete floats
themselves (81 ) will provide further stability and protection from storms. Edward
Stevenson questioned whether they were concerned about any weather from the
Southeast and Mr. Kelley replied in the negative. He noted the floats at the
Boston Yacht Club in Marblehead were similar and they have experienced little
problem with storms and their harbor is much more open.
Walter Power asked if the marina will pose any hazard to navigation and Mr.
Mentuck replied in the negative. Ken May questioned the height of the deck of
and noted it was not above the 100-year flood level. Mr. Lynch replied it was
at elevation 14 which was standard and was also the height recommended by the
Coast Guard. Walter Power asked what the elevation of the concrete apron was
• and Mr. Lynch replied it would be 20' , plus or minus. However, the ramp out to
the marina would be at elevation 14? Mr. Lynch replied in the affirmative.
Walter Power felt that the permanent structure should be above 15.36 and Mr.
Kelley replied that the problem is that this could mean a much steeper pitch
and more exposure of the ramp to the elements--they prefer the 14' elevation.
Walter Power noted that the 15.36 elevation could provide for insurance
protection as well. Following some further discussion on this subject, it was
agreed to locate the ramp at elevation 15.36 providing this would not affect the
plans submitted to the Army Corps.
The Conservation Commission concurs with the plan with the addition of several
conditions (attached hereto and made a part hereof) ; the Building Inspector
concurs; the Board of Health concurs, but will require a sewerage permit prior
to the issuance of a Building Permit. The City Engineer concurs with the
proposal.
Mr. Ralph Hobbs of the Winter Island Commission and the Waterways Advisory
Board spoke in favor of the proposal. The Winter Island Commission has worked
long and hard to provide a good plan for the City. Mr. Thomas White of Winter
Island Road spoke in opposition to the proposal. He felt the road into the island
could not handle the number of cars which would be using the marina facility,
he felt there was a definite parking problem, and he further questioned the
availability of moorings to Salem residents. He had a great many concerns
regarding the proposal and was hopeful the Planning Board could provide some
answers. Mr. Frank Pierce of 75 Columbus Avenue and Mr. Charles Phipps of 92
Columbus Avenue echoed Mr. White's concerns. Walter Power noted the
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Minutes of Meeting 3
Planning Board has no jurisdiction over moorings--that is the pervue of the
• Harbormaster. Ken May added that the Planning Board could not stop the
project—only address the engineering and flood hazard questions. The Board of
Appeal issues the variance for the actual use of the Island and the resident's
concerns other than flood hazard or engineering should perhaps be directed to
the Winter Island Co mtission.
Mr. Peter Fallon of Winter Island Road asked if the pump house facility will be
a new building and Mr. Mentuck replied in the affirmative. It will be located
ten feet from the present hangar building. Walter Power asked if they plan
other support buildings and Mr. Mentuck replied this building will also contain
bathrooms, showers, a laundry facility, a repair shop, storage facilities, and a
small office.
There being no further discussion, the public hearing was closed.
Upon the motion of Kenneth May and second of Abby Burns, the Special Permit
will be voted at our next meeting pending the resolution of the relocation of
the ramp at elevation 15.36. It was so voted, six in favor, none opposed.
FORM A--HIGHLAND REALTY TRUST
Mr. Attorney John Serafini introduced the members of the audience present who
were involved with this petition: Mr. Jerry McNeil of the Fafard Company who
is serving as liason between the City agencies and the Fafard Company, Mr.
Thomas Lynch of Boston Traders, Boston Traders' attorney, Jacob Segal, and
Attorney John Serafini, Jr. Also present was City Solicitor Richard Stafford.
• Mr. McNeil stated that in accordance with meetings held this past week
concerning the petition of Highland Realty Trust to create a parcel with
frontage on First Street, several questions which were raised at the last
meeting which have been addressed. The matter of the zoning of the parcel has
been resolved in that it is the opinion of the City Engineer the zoning line can
be removed (see letter attached hereto and made a part hereof) . The 30'
easement on the Northease corner of Lot 8 can be provided. An amendment to
the Northwest corner has been drawn on the plan to accomodate this. This
increases the overall area of the lot to 5.67 acres and the easement is now in
place. Regarding First Street, the words "to be constructed" have been added to
the plan. John Serafini further added that a covenant has been drafted to be
filed with the Form A which will further address areas of concern.
Following lengthy discussion with additions and deletions, a draft covenant
(attached hereto and made a part hereof) was agreed upon. This covenant, upon
completion, will be filed with the Form A and will run with the land. (draft
covenant and completed attached Hereto)_.
Walter Power addressed Mr. Lynch from Boston Traders and stated the Planning
Bawd was very much in favor of their locating in Salem. He wished to assure
Mr. Lynch that any frustrations expressed this evening by the Planning Board
were not to be construed as directed at Boston Traders. Walter Power stated
that what the Planning Board has been trying to avoid is a piecemeal approach
to this project. Historically, the Board has not had the control it desires in
overseeing a subdivision and they are trying to avoid this in this particular
development. Mr. Lynch stated he appreciated the Board's concerns and agrees
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Minutes of Meeting q
with their position. Ken May echoed Walter Power's sentiments, expressing the
• Board's frustrations in trying to deal with this petition.
Regarding the construction of the road behind the Hawthorne Square Stopping
Center, Jerry McNeil stated they can only build up to the property line of
Consolodated Properties. Walter Power felt some effort should be made to see
that the. road is completed—perhaps the Planning Board could assist in this
effort. John Serafini stated the land would be reserved for road purposes and to
reminded the Planning Board that they will have ample leverage in this matter
in their review of the PUD which is anticipated to be submitted within the next
thirty to forty-five days. David Goodof felt that perhaps the Planning Board and
Planning Department could consider a taking. Edward Stevenson felt that the
onus should be on Highland Realty Trust to negotiate the acquisition of land for
the road. Knowing that the Planning Board could require this could
hinder the negotiations with Consolodated Properties. John Serafini, Jr. noted
that that the Planning Board should participate in any acquisition:.discussions.
Donald Hunt raised the possibility of these negotiations affecting,the plans of
Boston Traders. It was generally agreed this would not happen. Walter Power
asked if there was some way of assuring the road will actually be ,15kit and City
Solicitor Stafford replied he felt any formal wording in the covenant to
address this problem would dampen any negotiations. Walter Power reiterated
the need for a good overall plan. The City Solicitor felt the Board would have am-
ple time to consider the access road wheh the PUD was considered. Fafard agreed.
Following further discussion, upon the motion of David Goodof and second of
Edward Stevenson, the Form A was endorsed, approval under the Subdivision
Control Law not required. It was so voted, six in favor, none opposed. The
• signed plan will be released upon completion of the covenant-adding First Street
completion and treatment of bordering lands.
Upon the motion of David Goodof and second of Abby Burns, Chairrrari'Walter
Power has been authorized to sign the covenant upon its completionowith the
agreed-upon revisions. It was so voted, six in favor, none opposed.
Upon the motion of Abby Burns and second of Edward Stevenson, David Goodof
has been designated as the liason between the Board and the Fafard,Ccnipany.
It was so voted, six in favor, none opposed..
EMMERTON SUBDIVISION--RELEASE OF L(YP A
Attorney John Serafini Jr. presented the Board with a form to release Lot A in
the Emerton Subdivision covenant. The lot in question does show adequate
frontage on an approved way, but was inadvertently included in the covenant.
Upon the motion of Kenneth May and second of Abby Burns,;the release was
approved and signed. It was so voted, six in favor, none opposed.
BILLBOARD UPDATE
David Goodof reported that Ackerley wishes to keep some billboards.,up in the
City, but will remove others. Negotiations are underway to formulate a plan in
which Salem can be advertised elsewhere in return for the retainer�of some of
ther billboards in Salem. Further, input is being solicited from various tourist
• and business groups, together with the Chamber of Commerce, to also call
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better attention to Salem's attractions through signage. The Planning
• Department expects some concrete proposals in the near future.
BOARD OF APPEAL AGENDA
The Board of Appeal will be notified of the Planning Board's opposition to the
petition for the location of a used car lot at 42-46 Essex Street on the basis
that it is a non-conforming use and will exacerbate the density and parking
problems of the area.
OLD BUSINESS
Planning Board Aide Charles Frederiksen reported that Dr. Pohl is feeling
rather frustrated at the length of time it was taking to formulate some
language for his proposed carriage house ordinance. He plans to be present at
our next meeting regardless of whether any wording has been received from the
City Solicitor in this matter.
NEW BUSINESS
Charles Frederiksen noted that Jerry McNeil of the Fafard Company
has invited all interested persons on the Board.to view the company's
recently-completed project in Milford. They will host a tour on November 10,
1983, at 10:00 a.m.
Upon the motion of Abby Burns and second of Edward Stevenson, the Planning
Board will underwrite the cost of a .Word-Processing course for the clerk. It
• was so voted, six in favor, none opposed.
MINUTES
Upon the motion of Abby Burns and second of Kenneth May, the Minutes of
September 1, 1983, were approved. It was so voted, six in favor, none opposed.
Upon the motion of Edward Stevenson and second of David Goodof, the°Minutes
of September 16, 1983,3, were approved. It was so voted, six in favor, none
opposed.
Upon the motion of Abby Burns and second of Donald Hunt, the Minutes of
October 6, 1983, were approved. It was so voted, six in favor, none opposed.
There being no further business, a motion was made to adjourn. Having passed
unanimously, the meeting was adjourned at 10:45
p.m. Respectfully submitted,
Dale E. Yale
Clerk
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COVENANT
This COVENANT is entered into by the following parties:
1. Delphine Blanchard, Trustee of the Highland Realty Trust, under a
declaration of trust dated December 21, 1964, filed as document no. 116295 in the
Essex South District Registry of Deeds Land Registration Office is the present
record title owner of the land and the Trust is the applicant under Chapter 41,
Section 81P of the Subdivision Control law for approval of a so-called "Form All
plan for land on First Street, Salem, Massachusetts, shown on the plan entitled
"Compiled Plan of Land in Salem, MA", dated September 29, 1983, revised October
149 1983 and November 2, 1983 (hereinafter; "Owners");
2. H.A. Fafard and Sons Construction, Inc., a Massachusetts corporation
having its principal place of business at 290 Eliot Street, Ashland, Massachusetts is
the holder of an executory interest by means of a Purchase and Sales Agreement in
the property which is the subject of the said Form A Application (hereinafter
"Fafard");
3. The City of Salem Planning Board, (hereinafter Planning Board);
WHEREAS the Owners have submitted an application to the Planning Board
under G.L. c. 41, s. 81 P, accompanied by a plan entitled "Compiled Plan of Land
in Salem, MA (Essex County), scale 1" = 80', dated September 29, 1983, Revised
October 14, 1983 and November 2, 1983, Joseph W. Moore, Co., Inc., Owned.by
Highland Realty Trust." (hereinafter FORM A Plan).
NOW THEREFORE, in consideration of the approval by the Planning Board of
the application and the endorsement of the Plan under G.L. c. 41, s. 81 P, the
Owner, Fafard, and Planning Board agree as follows: `-
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• 1. First Street (to the extent not already constructed) shall be constructed
as originally approved by the Planning Board on September 2, 1971 and February 7,
1974 Westerly to a point extending to the point marked "End of Public 50 foot
• wide" on the Form A Plan from the present paved terminus of First Street;
2. The portion of First Street to be constructed shall be constructed in
accordance with the provisions of Section V of the present Rules and Regulations of
the Planning Board (unless waived by the Planning Board);
3. Construction of First Street with utilities as provided in Paragraphs 1. and
2. above shall be completed prior to the conveyance of Lot 8 by Fafard to any
other entity, and no later than June 1, 1984.
4. The approval granted herein of the said Plan does not constitute the
laying out or acceptance by the City of Streets shown on the Form A Plan;
5. The Owner or Fafard, shall reserve on the Northeastern boundary of Lot 8
a thirty (30) foot wide access easement as shown on said plan.
6. The Owner or Fafard shall deposit with the Planning Board a performance
^• bond in an amount acceptable to the Director of Public Services to guarantee the
performance of the conditions set forth herein.
7. The Owner and Fafard agree with the Planning Board that neither shall.
request approval of any additional Form A plans utilizing First Street as necessary
Form A frontage for the land shown as having frontage on either side of the street
marked "First Street" between the continuation of First Street southwesterly of the
area marked "Temporary Turnaround" and First Street's intersection with Swampscott
Road all 1as shown on the plan, until such time as said section of First Street is
`
reappcaued-ug—: b s' '
8. The failure of the Owner and Fafard to meet the conditions set forth in
paragraphs 1. through 5. shall result in the automatic rescission of this approval on
June 1, 1984.
9. The performance bond shall be released and a certificate of completion
• shall be issued by the Planning Board upon completion of the conditions herein.
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IN WITNESS WHEREOF, the Salem Planning Board, the Trustee of the
• Highland Realty Trust and a duly authorized officer of Fafard have hereto set their
hands and seals this day of November, 1983.
HIGHLAND REALTY TRUST
H.A..FAFARD AND SONS CONSTRUCTION,
INC.
Al
THE SALEM PLANNING BOARD
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COVENANT SALEPA PLANNING DEPT
This COVENANT is entered into by the following parties:
1. Delphine Blanchard, Trustee of the Highland Realty Trust, under a
declaration of trust dated December 21, 1964, filed as Document No. 116295 in the
Essex South District Registry of Deeds Land Registration Office is the present
record title owner of the land and the Trust is the applicant under Chapter 41,
Section 81P of the Subdivision Control law for approval of a so-called "Form A" `
plan for land on First Street, Salem, Massachusetts, shown on the plan entitled
"Compiled Plan of Land in Salem, MA", dated September 29, 1983, revised
October 14, 1983 and November 2, 1983 (hereinafter, "Owners");
2. H.A. Fafard and Sons Construction, Inc., a Massachusetts corporation
having its principal place of business at 290 Eliot Street, Ashland, Massachusetts is
the holder of an executory interest by means of a Purchase and Sales Agreement in
the property which is the subject of the said Form A Application (hereinafter
"Fafard");
3. The City of Salem Planning Board, (hereinafter Planning Board);
WHEREAS the Owners have submitted an application to the Planning Board
under G.L. c. 41, s. 81 P, accompanied by a plan entitled "Compiled Plan of Land
in Salem MA (Essex `Count scale 1" = 80' dated September 29 1983 Revised
October 14, 1983 and November 2, 1983, Joseph W. Moore, Co., Inc., Owned by
Highland Realty Trust." (hereinafter FORM A Plan).
NOW THEREFORE, in consideration of the approval by the Planning Board of
the application and the endorsement of the Plan under G.L. c_ 41, S. 81 P. the
Owner, Fafard, and Planning Board agree as follows for themselves and their heirs,
successors and assigns, it being intended that this covenant and the obligations
contained herein shall run with the land described above:
1. First Street (to the extent not already constructed) shall be constructed
• as originally approved by the Planning Board on September 2, 1971 and February 7,
1974 Westerly to a point extending to the point marked "End of Public 50 foot
wide" on the Form A Plan from the present paved terminus of First Street.
2. The portion of First Street to be constructed shall be constructed in
accordance with the provisions of Section V of the present Rules and Regulations of
the Planning Board (unless waived by the Planning Board).
3. Construction of First Street with utilities as provided in Paragraphs 1 and
2 above shallbe completed prior to the conveyance of Lot 8 by Fafard to any other
entity, and no later than June 1, 1984. - -
4. The approval granted herein of the said Plan does not constitute the .
laying out or acceptance by the City of Streets shown on the Form A Plan.
5. The Owner or Fafard, shall reserve on the Northeastern boundary of Lot 8
a thirty (30) foot wide access easement as shown on said plan. .
6. The Owner or Fafard shall deposit with the Planning Board a performance
bond in an amount acceptable to the Director of Public Services to guarantee the
performance of the conditions set forth herein.
7. The Owner and Fafard agree with the Planning Board that neither shalt- :• ., A ^ .'
request approval of any additional Form A plans utilizing First Street as necessary
Form A frontage for the land shown as having frontage on either side of the street::'
marked "First Street" between the continuation of First Street southwesterly of the
area marked. "Temporary Turnaround" and First Street's intersection with Swampscott
Road all as shown on the plan, until such time as said section of First Street is
constructed in its entirety to Swampscott Road.
8. The failure of the Owner and Fafard to meet the conditions set forth in
paragraphs 1. through 5. shall result in the automatic rescission of this approval on
June 1, 1984.
9. The performance bond shall be released and a certificate of completion
shall be issued by the Planning Board upon completion of the conditions herein. A
certificate of completion signed by a majority of the members 'of the Planning
Board and recorded with the Essex South District Registry of Deeds shall operate as
a release of all obligations hereunder, and, upon the recording thereof, all obliga-
tions hereunder shall cease and this covenant shall be of no further force and
effect.
IN WITNESS WHEREOF, the Salem planning:Board, the Trustee of the
Highland Realty Trust and a duly authorized officer of Fafard have hereto set their
hands and seals this day of November, 1983.
Highland Realty Trust
H. A. Fafard and Sons Construction; Inc.
The Salem Planning Board
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AGENDA--NOVEMBER 17 , 1983
1. Moose Landfill--Wetlands Special Permit
2 . Winter Island Maring--Wetlands Special Permit
3. Dr. Pohl--Carriage House Ordinance
4 . Fafard
5 . Board of Appeal agenda
6 . Approval of Minutes
7 . Old Business
8. New Business
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MINUTES OF MEETING
November 17, 1983
The Salem Planning Board met at One Salem Green, second floor conference room
on Thursday, November 17, 1983. Present were Walter Power, William Cass, David
Goodof, Abby Burns, Kenneth May, Donald Hunt, Edward Stevenson, and Planning
Board Aide Charles Frederiksen. Normand Houle was absent.
Chairman Walter Power called the meeting to order at 7:40 p.m.
MOOSE LANDFILL--WETLANDS SPECIAL PERMIT
Mr. Philip Saindon, Chairman of the Board of Health, and Mr. Glenn Yale of the
Conservation Commission were present to provide input into this project.
Mr. Saindon stated that the Board of Health had been unable to act on this
matter prior to this time due to the absence of one of their members, but
he has met with Mr. Blenkorn and they have drafted their concerns which they
• hope"the Planning Board will address:
1. The possibility of requiring that proposed fill material be analyzed prior
to delivery to the site was discussed. Mr. Yale noted that the type of fill
material to be used is strictly restricted by the Order of Conditions. Mr.
Thomas Neve, engineer for the project, .agreed, noting they plan strong monitoring
controls and periodic testing of the water to ascertain whether there is any
leeching of unacceptable material.
Following further discussion with Mr. Saindon stating they wish to make sure
there is no unacceptable material prior to any filling, it was decided to
stockpile the fill material on site and it will be inspected by the Board
of Health prior to its being placed. Upon motion made by Kenneth May and
seconded by Abby Burns, this condition will be included in the Special Permit.
It was so voted with one abstention.
2. The Board of Health would like to require a log be kept listing an in-
ventory of all fill materials including volume, source, contents, name of
delivery person, and truck license number which will be available for in-
spection by the Conservation Commission, their agents, the Board of Health,
and/or their agents. Mr. Neve stated this would be no problem, as it is
their intention regardless. Upon motion made by Edward Stevenson and seconded
by David Goodof, this condition will be included in the special permit. It
was so voted.
3. The Board of Health would like to require that the material for fill be
inspected and approved by the Fire Chief and the state Fire Marshal prior to
placement. It was noted that, once again, no hazardous materials will be al-
lowed and stumps are being segregated away from the wetland area. The Board's
pervue does not go beyond the wetland area, therefore no action on this matter
can be taken.
• Minutes of Meeting--November 17, 1983 Page 2
4. The Board of Health raised the issue of dust suppression, noise control,
and pest control. Mr. Neve noted that by law the trucks carrying fill material
must be covered. Mr. Neve further stated they would not be opposed to posting
a sign stating what materials were acceptable. Further, they will try to keep
the dust level down by wetting the material periodically. Following further
discussion, it was decided that this was under the jurisdiction of the Board
of Health so they will monitor.
Regarding the matter of the pipe under Highland Avenue being cleaned, Mr. Neve
stated that they are actively pursuing the matter with the state. City Engineer
Tony Fletcher stated that his department will not permit the construction of
the proposed access manhole until that pipe is cleaned. Following further dis-
cussion, upon the motion of Kenneth May and second of Abby Burns, no work shall
be permitted until the culvert under Highland Avenue is cleaned. It was so voted.
Upon the motion of Edward Stevenson and second of Kenneth May, the Special Per-
mit with the above-voted conditions, was approved. It was so voted, with two
abstentions.
WINTER ISLAND MARINA--WETLANDS SPECIAL PERMIT
A letter from engineer Daniel Lynch was read addressing the matter of the
• location of the ramp at 15.36. The letter stated they were in agreement with
the Planning Board's request to this elevation.
Upon the motion of Donald Hunt and second of David Goodof, the Special Permit
was approved. It was so voted.
DR. POHL--CARRIAGE HOUSE ORDINANCE
The concern of the Planning Board is that any proposed change to the zoning
ordinance which would protect carriage houses also be concerned with density
and parking in the area. Dr. Pohl agreed with these concerns and he and
Planning Board Aide Charles Frederiksen will meet again to re-draft the
proposed change and it is hoped that a joint public hearing will be held
on this matter sometime in January.
FAFARD
Prior to discussion on this matter, Mayor Levesaue requested time to address the
Board. He thanked the Board for their dedication to the City and requested
that a letter he has written regarding the Fafard proposal (attached hereto
and made a part hereof) be read to the Board.
Attorney John Serafini stated they were present this evening to present their
formal application for a Planned Unit Development. He noted it is the first
PUD which has ever been filed in the City of Salem. They have a site plan to
• present this evening and are hopeful of scheduling a public hearing on this
proposal in the immediate future.
Minutes of Meeting--November 17, 1983 Page 3
•
At present, they are dealing with three potential occupants of
the parcel--Boston Traders, Demoulas Market , and Channel Builders .
For these , they will be able to show parking, utilities , etc. as
required, and plan to show individual site plans for the Board's
review for each new tenant.
Mr. Jerry McNeil of Fafard read the letter of application (attached
hereto and made a part hereof) , and presented the plans associated
with the PUD: He first presented a comprehensive drainage study
of the area and noted this plan covers a much greater territory
than the PUD. This drainage study shows the entire area of drain-
age for a large portion of Highland Avenue . He noted that many
present drainage problems will be alleviated upon completion of the
full project. Mr. McNeil then described the PUD area they are con-
templating. He noted they are considering filing a Form A for
the full perimeter of land currently under ownership. He recog-
nizes the City' s intention to re-zone portions of the area and
feels this would preclude any disturbance of sequence. The PUD
was created by the Planning Board to allow "industrial uses in. an -
business zone . He noted that all potential tenants have not as
yet been ascertained and to wait for them all would be impossible ,
therefore they are asking the Planning Board to review each individ-
ual site within the PUD. The third area Mr. McNeil described is
the area east of First Street. It is intended to be multi-family
•
and is an R-3 zone. First Street is used as a separator. Mr. McNeil
noted that what is shown on the plan is a density of eight units
per -acre. Until additional steps are taken, they are not able to
finalize this density as yet. He added that they are within the
zoning requirements to put eleven units per acre--but they are
showing eight as they feel this is in their best interests , as well
as the City's.
Mr. McNeil expressed some frustration as to the regulations governing
the PUD, particularly where this was the first one in the City's
history. He asked for some direction from the Board as to the scale
of maps presented and, upon the motion of Kenneth May, and second
of Abby Burns, a 1" equals 40' scale was approved. It was so voted.
Mr. McNeil pointed out the specific buildings now proposed for the
site . He outlined the utility connections, parking circulation,
and pedestrian circulation patterns. He further showed an example
of what he will present for a site plan. He noted pains will be
taken to provide proper access for trucking and added they wish
to avoid the type of parking such as is present in the Hawthorne
Square Shopping Center. They propose asphalt separators for
plowing ease with dividers to allow for storage of snow and will
leave the ends of automobile accesses free so there will be no
sight obstruction. The area would be landscaped attractively and
care would be taken to allow for free-flowing access to the main
• thoroughfares. He added an additional access from First Street
Minutes of Meeting--November 17, 1983 Page 4
• may be necessary. These areas will be outlined in the site plans.
They would alos like to work with the Fire Department to ascertain
widths of accesses in a way such that parking along the accesses.
would be discoraged, but they were wide enough for emergency vehicles.
It was noted there was a potential of a bottleneck area in the space
bordering First Street which should be considered further by the
Board. The access road to the rear of Boston Traders is shown on
the plan and the developer hopes to work with the Board to alleviate
any hardship which may occur here. In designing the residential
area, they hope to have minimal residential traffic on to First
Street. He noted the theories presented here are compatible with
the Master Plan.
The construction of First Street is going forward. Survey work is
being done for Traders Way and is in the design stage . These plans
will be in the Board' s hands the first week in December.
Donald Hunt asked if any contact had been made with Consolodated
Products regarding the access as yet and Mr. McNeil replied in the
negative.
Walter Power felt that any heavy traffic should be channeled on to
Highland Avenue. Further, he suggested there be specific truck
access areas to avoid trucks going through pedestrian circulation
areas. Mr. McNeil felt this idea had merit.
• Ken May suggested that the exit areas on to First Street be designed
to funnel traffic towards Swampscott Road and Mr. McNeil agreed
this was a possibility.
Councillor Jack Nutting asked what the time schedule for the resi-
dential areas would be and Mr. McNeil replied it depended upon the
proposed "land swap" and the outcome of the proposal. In response
to a further question from Councillor Nutting, Mr. McNeil added
that they will construct the residential units regardless of whether
the swap takes place or not. Seven-hundred units are planned over
a five-year period.
Councillor Lovely. asked which streets in the proposed development
would be accepted by the City and further asked if sidewalks and
street lights would be required. Mr. McNeil replied Traders Way
and First Street will be built to subdivision regulations. The
City has received a $500,000 grant to off set the cost of street
construction. The sidewalks , lighting, etc. will be to City stan-
dards and will be the responsibility of the City. The remaining
roads will be access roads only. The residential roads will likely
remain the responsibility of the condominium association.
Councillor Nutting questioned the potential need for new schools and
Mr. McNeil replied he could understand the Councillor's concern,
41 but according to studies performed and in light of the history of
Minutes of Meeting--November 17 , 1983 Page 5
• Fafard' s other projects in Ashland and Milford, the impact on the
schools would be minimal.
Walter Power noted that the PUD includes some residential units and
Mr. McNeil replied in the affirmative , adding that they are sub-
ject to site plan approval by the Planning Board. Walter Power sta-
ted the Board will schedule a public hearing on the PUD proposal
for December 1, 1983.
Mr. McNeil stated they are now pursuing the obtaining of a foundation
permit under the variance for the Demoulas parcel; however this has
been included in the PUD.
COVENANT TO ACCOMPANY THE FORM A--HIGHLAND REALTY TRUST (Parcel 8)
Upon the motion of Donald Hunt and second of Edward Stevenson, the
covenant to accompany the Form A (Boston Trader's) on Parcel 8
of Highland Realty Trust was approved as amended. It was so voted.
The amendment was to Item #7 in the covenant which will now read,
"The Owner and Fafard agree with the Planning Board that neither
shall request approval of any additional Form A plans utilizing
First Street as necessary Form A frontage for the land shown as
having frontage on either side of the street marked "First Street"
between the continuation of First Street southwesterly of the area
marked "Temporary Turnaround" and First Street' s intersection with
SwampB6ott oad all as shown on the plan, until such time as said
• section of First Street is constructed in its entirety to Swampscott
Road and a PUD and Subdivision are approved by the Planning Board. "
(the underscored sections denotes the addition made by the Planning
Board. )
BOARD OF APPEAL AGENDA
The Planning Board will notify the Board of Appeal of their opposi-
tion to the petition of
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 10x45 p.m.
Respectfully submitted,
Dale E. Yale
Clerk
•
• For Planning Board Meeting
Fafard Project
I wish to state my full support for the Fafard project as
represented by this application filed with you tonight . We are
pleased to have this company choose Salem for this project . It
will give us , for the first time , a modern area for light industry "
which will help us not only retain industries that are looking to
locate out of Salem, but also attract new businesses and light
industry . This means employment and taxes .
An example of the interest is the fact that your Board has
approved an application by the developers , The Fafard Companies ,
so that Boston Traders can make plans to come to Salem. Demoulas
_• is also anxious to locate here , and provide for the retail
facility which will employet some 250 people as well as providing
substantial taxes .
The Fafard Companies have for the last year been working with
different boards in the City and City officials . They have
proceeded in a very professional way , and should be encouraged .
They have invited all members of the Board and City Council to see
the quality of their work in different communities . Such openness
is welcome in this city .
While I may not be the beneficiary of the revenues that will
come from this development , 1 think it will provide , for the next
few years , such benefits as taxes and increased employment., and
that it will be good for the City of Salem. I know the Board will
• do everything in its power to work with the company so that the
• planned unit development may proceed as expeditiously as possible . .
1 know that a thorough Environmental Impact Report has been
filed with the City , and has been approved by the state. This
kind of review would indicate that the project is feasible .
Phased as it will be over the next three to four years , it will
provide a long- lasting benefit for the citizens of Salem.
tom• - --_ - --- - -
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MINUTES OF MEETING
November 17, 1983
The Salem Planning Board met at One Salem Green, second floor conference room
on Thursday, November 17, 1983. Present were Walter Power, William Cass, David
Goodof, Abby Burns, Kenneth May, Donald Hunt, Edward Stevenson, and Planning
Board Aide Charles Frederiksen. Normand Houle was absent.
Chairman Walter Power called the meeting to order at 7:=0 o.m.
MOOSE LANDFILL--WETLANDS SPECIAL PERMIT
Mr. Philip Saindon, Chairman of the Board of Health, and Mr. Glenn Yale of the
Conservation Commission were present to provide input into this project.
Mr. Saindon stated that the Board of Health had been unable to act on this
matter prior to this time due to the absence of one of their members, but
he has met with Mr. Blenkorn and they have drafted their concerns which they
hope the Planning Board will address:
:• 1. The possibility of requiring that proposed fill material be analyzed prior
to delivery to the site was discussed. Mr. Yale noted that the type of fill
material to be used is strictly restricted by the Order of Conditions. Mr.
Thomas Neve, engineer for the project, agreed, noting they plan strong monitoring
controls and periodic testing of the water to ascertain whether there is any
leeching of unacceptable material.
Following further discussion with Mr. Saindon stating they wish to make sure
there is no unacceptable material prior to any filling, it was decided to
stockpile the fill material on site and it will be inspected by the Board
of Health prior to its being placed. Upon motion made by Kenneth May and
seconded by Abby Burns, this condition will be included in the Special Permit.
It was so voted with one abstention.
2. The Board of Health would like to require a log be kept listing an in-
ventory of all fill materials including volume, source, contents, name of
delivery person, and truck license number which will be available for in-
spection by the Conservation Commission, their agents, the Board of Health,
and/or their agents. Mr. Neve stated this would be no problem, as it is
their intention regardless. Upon motion made by Edward Stevenson and seconded
by David Goodof, this condition will be included in the special permit. It
was so voted.
3. The Board of Health would like to require that the material for fill be
inspected and approved by the Fire Chief and the state Fire Marshal prior to
placement. It was noted that, once again, no hazardous materials will be al-
lowed and stumps are being segregated away from the wetland area. The Board's
pervue does not go beyond the wetland area, therefore no action on this matter
can be taken.
• Minutes of Meeting--November 17, 1983 Page 2
4. The Board of Health raised the issue of dust suppression, noise control,
and pest control. Mr. Neve noted that by law the trucks carrying fill material
must be covered. Mr. Neve further stated they would not be opposed to posting
a sign stating what materials were acceptable. Further, they will try to keep
the dust level down by wetting the material periodically. Following further
discussion, it was decided that this was under the jurisdiction of the Board
of Health so they will monitor.
Regarding the matter of the pipe under Highland Avenue being cleaned, Mr. Neve
stated that they are actively pursuing the matter with the state. City Engineer
Tony Fletcher stated that his department will not aermit the construction of
the proposed access manhole until that pipe is cleaned. Following further dis-
cussion, upon the motion of Kenneth May and second of Abby Burns, no work shall
be permitted until the culvert under Highland Avenue is cleaned. It was so voted.
Upon the motion of Edward Stevenson and second of Kenneth May, the Special Per-
mit with the above-voted conditions, was approved. It was so voted, with two
abstentions.
WINTER ISLAND MARINA--WETLANDS SPECIAL PERMIT
• A letter from engineer Daniel Lynch was read addressing the matter of the
location of the ramp at 15.36. The letter stated they were in agreement with
the Planning Board's request to this elevation.
Upon the motion of Donald Hunt and second of David Goodof, the Special Permit
was approved. It was so voted.
DR. POHL--CARRIAGE HOUSE ORDINANCE
The concern of the Planning Board is that any proposed change to the zoning
ordinance which would protect carriage houses also be concerned with density
and parking in the area. Dr. Pohl agreed with these concerns and he and
Planning Board Aide Charles Frederiksen will meet again to re-draft the
proposed change and it is hoped that a joint public.hearing will be held
on this matter sometime in January.
FAFARD
Prior to discussion on this matter, Mayor Levesaue requested time to address the
Board. He thanked the Board for their dedication to the City and requested
that a letter he has written regarding the Fafard proposal (attached hereto
and made a part hereof) be read to the Board.
Attorney John Serafini stated they were present this evening to present their
formal application for a Planned Unit Development. He noted it is the first
• PUD which has ever been filed in the City of Salem. They have a site plan to
present this evening and are hopeful of scheduling a public hearing on this
proposal in the immediate future.
• Minutes of Meeting--November 17 , 1983 Page 3
At present, they are dealing with three potential occupants of
the parcel--Boston Traders, Demoulas Market, and Channel Builders .
For these , they will be able to show parking, utilities, etc . as
required, and plan -to show individual site plans for the Board's
review for each new tenant.
Mr. Jerry McNeil of Fafard read the letter of application (attached
hereto and made a part hereof) , and presented the plans associated
with the PUDs He first presented a comprehensive drainage study
of the area and noted this plan covers a much greater territory
than the PUD. This drainage study shows the entire area of drain-
age for a large portion of Highland Avenue . He noted that many
present drainage problems will be alleviated upon completion of the
full project. Mr . McNeil then described the PUD area they are con-
templating. He noted they are considering filing a Form A for
the full perimeter of land currently under ownership. He recog-
nizes the City' s intention to re-zone portions of the area and
feels this would preclude any disturbance of sequence. The PUD
was created by the Planning Board to allow 'industrial uses in ail
business zone . He noted that all potential tenants have not as
yet been ascertained and to wait for them all would be impossible ,
therefore they are asking the Planning Board to review each individ-
ual site within the PUD. The third area Mr. McNeil described is
• the area east of First Street. It is intended to be multi-family
and is an R-3 zone. First Street is used as a separator. Mr. McNeil
noted that what is shown on the plan is a density of eight units
per acre . Until additional steps are taken, they are not able to
finalize this density as yet. He added that they are within the
zoning requirements to put eleven units per acre--but they are
showing eight as they feel this is in their best interests , as well
as the City' s.
Mr. McNeil expressed some frustration as to the regulations governing
the PUD, particularly where this was the first one in the City's
history. He asked for some direction from the Board as to the scale
of maps presented and, upon the motion of Kenneth May, and second
of Abby Burns, a 1" equals 40' scale was approved. It was so voted.
Mr. McNeil pointed out the specific buildings now proposed for the
site . He outlined the utility connections , parking circulation,
and pedestrian circulation patterns. He further showed an example
of what he will present for a site plan. He noted pains will be
taken to provide proper access for trucking and added they wish
to avoid the type of parking such as is present in the Hawthorne
Square Shopping Center. They propose asphalt separators for
plowing ease with dividers to allow for storage of snow and will
leave the ends of automobile accesses free so there will be no
sight obstruction. The area would be landscaped attractively and
care would be taken to allow for free-flowing access to the main
thoroughfares . He added an additional access from First Street
Minutes of Meeting--November 17, 1983 Page 4
• may be necessary. These areas will be outlined in the site plans.
They would alos like to work with the Fire Department to ascertain
widths of accesses in a way such that parking along the accesses
would be discoraged, but they were wide enough for emergency vehicles.
It was noted there was a potential of a bottleneck area in the space
bordering First Street which should be considered further by the
Board. The access road to the rear of Boston Traders is shown on
the plan and the developer hopes to work with the Board to alleviate
any hardship which may occur here . In designing the residential
area, they hope to have minimal residential traffic on to First
Street. He noted the theories presented here are compatible with
the Master Plan.
The construction of First Street is going forward . Survey work is
being done for Traders Way and is in the design stage . These plans
will be in the Board' s hands the first week in December.
Donald Hunt asked if any contact had been made with Consolodated
Products regarding the access as yet and Mr. McNeil replid in the
negative.
Walter Power felt that any heavy traffic should be channeled on to
Highland Avenue. Further, he suggested there be specific truck
access areas to avoid trucks going through pedestrian circulation
areas. Mr. McNeil felt this idea had merit.
• Ken May suggested that the exit areas on to First Street be designed
to funnel traffic towards Swampscott Road and Mr. McNeil agreed
this was a possibility.
Councillor Jack Nutting asked what the time schedule for the resi-
dential areas would be and Mr. McNeil replied it depended upon the
proposed "land swap" and the outcome of the proposal. In response
to a further question from Councillor Nutting, Mr. McNeil added
that they will construct the residential units regardless of whether
the swap..takes place or not. Seven-hundred units are planned over
a five-year period.
Councillor Lovely asked which streets in the proposed development
would be accepted by the City and further asked if sidewalks and
street lights would be required. Mr. McNeil replied Traders Way
and First Street will be built to subdivision regulations. The
City has received a $500,000 grant to off set the cost of street
construction. The sidewalks , lighting, etc. will be. to City stan-
dards and will be the responsibility of the City. The remaining
roads will be access roads only. The residential roads will likely
remain the responsibility of the condominium association.
Councillor Nutting questioned the potential need for new schools and
Mr . McNeil replied he could understand the Councillor' s concern,
® but according to studies performed and in light of the history of
"Minutes of Meeting--November 17, 1983 page 5
• Fafard' s other projects in Ashland and Milford, the impact on the
schools would be minimal.
Walter Power noted that the PUD includes some residential units and
Mr. McNeil replied in the affirmative , adding that they are sub-
ject to site plan approval by the Planning Board, Walter Power sta-
ted the Board will schedule a public hearing on the PUD proposal _
for December 1, 1983,
Mr. McNeil stated they are now pursuing the obtaining of a foundation
permit under the variance for the Demoulas parcel; however this has
been included in the PUD.
COVENANT TO ACCOMPANY THE FORM A--HIGHLAND REALTY TRUST (Parcel 8)
Upon the motion of Donald Hunt and second of Edward Stevenson, the
covenant to accompany the Form A (Boston. Trader' s) on Parcel 8
of Highland Realty Trust was approved as amended. It was so voted.
The amendment was to Item #? in the covenant which will now read,
"The Owner and Fafard agree with the Planning Board that neither
shall request approval of any additional Form A plans utilizing
First Street as necessary Form A frontage for the land shown as
having frontage on either side of the street marked "First Street"
between the continuation of First Street southwesterly of the area
marked "Temporary Turnaround" and First Street's intersection with
Swampscott oad all as shown on the plan, until such time as said
• section of First Street is constructed in its entirety to Swampscott
Road and a PUD and Subdivision are approved by the Planning Board. "
(the underscored section denotes the addition made by the Planning
Board, )
BOARD OF APPEAL AGENDA
The Planning Board will notify the Board of Appeal of their opposi-
tion to the petition of
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 10:45 P.m.
Respectfully submitted,
Dale Yale
Clerk
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MINUTES OF MEETING
November 17, 1983
The Salem Planning Board met at One Salem Green, second floor conference room
on Thursday, November 17, 1983. Present were Walter Power, William Cass, David
Goodof, Abby Burns, Kenneth May, Donald Hunt, Edward Stevenson, and Planning
Board Aide Charles Frederiksen. Normand Houle was absent.
Chairman 'Walter Power called the meeting to order at 7:40 g.m_
MOOSE LANDFILL--WETLANDS SPECIAL PERMIT
Mr. Philip Saindon, Chairman of the Board of Health, and Mr. Glenn Yale of the
Conservation Commission were present to provide input into this project.
Mr. Saindon stated that the Board of Health had been unable to act on this
matter prior to this time due to the absence of one of their members, but
he has met with Mr. Blenkorn and they have drafted their concerns which they
hope the Planning Board will address:
• 1. The possibility of requiring that proposed fill material be analyzed prior
to delivery to the site was discussed. Mr. Yale noted that the type of fill
material to be,used is strictly restricted by the Order of Conditions. Mr.
Thomas Neve, engineer for the project, agreed, noting they plan strong monitoring
controls and periodic testing of the water to ascertain whether there is any
leeching of unacceptable material.
Following further discussion with Mr. Saindon stating they wish to make sure
there is no unacceptable material prior to any filling, it was decided to
stockpile the fill material on site and it will be inspected by the Board
of Health prior to its being placed. Upon motion made by Kenneth May and
seconded by Abby Burns, this condition will be included in the Special Permit.
It was so voted with one abstention.
2. The Board of Health would like to require a log be kept listing an in-
ventory of all fill materials including volume, source, contents, name of
delivery person, and truck license number which will be available for in-
spection by the Conservation Commission, their agents, the Board of Health,
and/or their agents. Mr. Neve stated this would be no problem, as it is
their intention regardless. Upon motion made by Edward Stevenson and seconded
by David Goodof, this condition will be included in the special permit. It
was so voted.
3. The Board of Health would like to recuire that the material for fill be
inspected and approved by the Fire Chief and the state Fire Marshal prior to
placement. It was noted that, once again, no hazardous materials will be al-
lowed and stumps are being segregated away from the wetland area. The Board's
pervue does not go beyond the wetland area, therefore no action on this matter
can be taken.
• Minutes of Meeting--November 17, 1983 Page 2
4. The Board of Health raised the issue of dust suppression, noise control,
and pest control. Mr. Neve noted that by law the trucks carrying fill material
must be covered. Mr. Neve further stated they would not be opposed to posting
a sign stating what materials were acceptable. Further, they will try to keep
the dust level down by wetting the material periodically. Following further
discussion, it was decided that this was under the jurisdiction of the Board
of Health so they will monitor.
Regarding the matter of the pipe under Highland Avenue being cleaned, Mr. Neve
stated that they are actively pursuing the matter with .the state. City Engineer
Tony Fletcher stated that his department will not permit the construction of
the proposed access manhole until that pipe is cleaned. Following further dis-
cussion, upon the motion of Kenneth May and second of Abby Burns, no work shall
be permitted until the culvert under Highland Avenue is cleaned. It was so voted.
Upon the motion of Edward Stevenson and second of Kenneth May, the Special Per-
mit with the above-voted conditions, was approved. It was so voted, with two
abstentions.
WINTER ISLAND MARINA--WETLANDS SPECIAL PERMIT
• A letter from engineer Daniel Lynch was read addressing the matter of the
location of the ramp at 15.36. The letter stated they were in agreement with
the Planning Board's request to this elevation.
Upon the motion of Donald Hunt and second of David Goodof, the Special Permit
was approved. It was so voted.
DR. POHL--CARRIAGE HOUSE ORDINANCE
The concern of the Planning Board is that any proposed change to the zoning
ordinance which would protect carriage houses also be concerned with density
and parking in the area. Dr. Pohl agreed with these concerns and he and
Planning Board Aide Charles Frederiksen will meet again to re-draft the
proposed change and it is hoped that a joint public hearing will be held
on this matter sometime in January.
FAFARD
Prior to discussion on this matter, Mayor Levesque requested time to address the
Board. He thanked the Board for their dedication to the City and requested
that a letter he has written regarding the Fafard proposal (attached hereto
and made a part hereof) be read to the Board.
Attorney John Serafini stated they were present this evening to present their
formal application for a Planned Unit Development. He noted it is the first
PUD which has ever been filed in the City of Salem. They have a site plan to
• present this evening and are hopeful of scheduling a ,3ublic hearing on this
proposal in the immediate future.
• Minutes of Meeting--November 17 , 1983 Page 3
At present , they are dealing with three potential occupants of
the parcel--Boston Traders , Demoulas Market, and Channel Builders .
For these , they will be able to show parking, utilities, etc . as
required, and plan to show individual site plans for the Board' s
review for each new tenant.
Mr. Jerry McNeil of. Fafard read the letter of application (attached
hereto and made a part hereof) , and presented the plans associated
with the PUD: He first presented a comprehensive drainage study
of the area and noted this plan covers a much greater territory
than the PUD. This drainage study shows the entire area of drain-
age for a large portion of Highland Avenue . He noted that many
present drainage problems will be alleviated upon completion of the
full project. Mr. McNeil then described the PUD area they are con=
templating. He noted they are considering filing a Form A for
the full perimeter of land currently under ownership. He recog-
nizes the City' s intention to re-zone portions of the area and
feels this would preclude any disturbance of sequence. The PUD
was created by the Planning Board to allow industrial uses in an
business zone . He noted that all potential tenants have not as
yet been ascertained and to wait for them all would be impossible ,
therefore they are asking the Planning Board to review each individ-
ual site within the PUD. The third area Mr. McNeil described is
• the area east of First Street. It is intended to be multi-family
and is an R-3 zone. First Street is used as a separator. Mr. McNeil
noted that what is shown on the plan is a density of eight units
per acre . Until additional steps are taken, they are not able to
finalize this density as yet. He added that they are within the
zoning requirements to put eleven units per acre--but they are
showing eight as they feel this is in their best interests , as well
as the City' s.
Mr. McNeil expressed some frustration as to the regulations governing
the PUD, particularly where this was the first one in the City's
history. He asked for some direction from the Board as to the scale
of maps presented and, upon the motion of Kenneth May, and second
of Abby Burns, a 1" equals 40' scale was approved. It was so voted.
Mr. McNeil pointed out the specific buildings now proposed for the
site . He outlined the utility connections, parking circulation,
and pedestrian circulation patterns. He further showed an example
of what he will present for a site plan. He noted pains will be
taken to provide proper access for trucking and added they wish
to avoid the type of parking such as is present in the Hawthorne
Square Shopping Center. They propose asphalt separators for
plowing ease with dividers to allow for storage of snow and will
leave the ends of automobile accesses free so there will be no
sight obstruction. The area would be landscaped attractively and
• care would be taken to allow for free-flowing access to the main
thoroughfares. He added an additional access from. First Street
Minutes of Meeting--November 17, 1983 Page 4
• may be necessary. These areas will be outlined in the site plans.
They would alos like to work with the Fire Department to ascertain
widths of accesses in a way such that parking along the accesses
would be discoraged, but they were wide enough for emergency vehicles.
It was noted there was a potential of a bottleneck area in the space
bordering First Street which should be considered further by the
Board. The access road to the rear of Boston Traders is shown on
the plan and the developer hopes to work with the Board to alleviate
any hardship which may occur here . In designing the residential
area, they hope to have minimal residential traffic on to First
Street. He noted the theories presented here are compatible with
the Master Plan.
The construction of First Street is going forward. Survey work is
being done for Traders Way and is in the design stage . These plans
will be in the Board' s hands the first week in December.
Donald Hunt asked if any contact had been made with Consolodated
Products regarding the access as yet and Mr. McNeil replied in the
negative.
Walter Power felt that any heavy traffic should be channeled on to
Highland Avenue. Further, he suggested there be specific truck
access areas to avoid trucks going through pedestrian circulation
areas. Mr. McNeil felt this idea had merit.
Ken May suggested that the exit areas on to First Street be designed
to funnel traffic towards Swampscott Road and Mr. McNeil agreed
this was a possibility.
Councillor Jack Nutting asked what the time schedule for the resi-
dential areas would be and Mr. McNeil replied it depended upon the
proposed "land swap" and the outcome of the proposal. In response
to a further question from Councillor Nutting, Mr. McNeil added
that they will construct the residential units regardless of whether
the swap.-takes place or not. Seven-hundred units are planned over
a five-year period.
Councillor Lovely asked which streets in the proposed development
would be accepted by the City and further asked if sidewalks and
street lights would be required, Mr. McNeil replied Traders Way
and First Street will be built to subdivision regulations . The
City has received a $500,000 grant to off set the cost of street
construction. The sidewalks , lighting, etc. will be to City Stan-
dards and will be the responsibility of the City. The remaining
roads will be access roads only. The residential roads will likely
remain the responsibility of the condominium association.
Councillor Nutting questioned the potential need for new schools and
Mr . McNeil replied he could understand the Councillor' s concern,
but according to studies performed and in light of the history of
Minutes of Meeting--November 17, 1983 Page 5
• Fafard' s other projects in Ashland and Milford, the impact on the
schools would be minimal.
Walter Power noted that the PUD includes some residential units and
Mr. McNeil replied in the affirmative , adding that they are sub-
ject to site plan approval by the Planning Board. Walter Power sta-
ted the Board will schedule a public hearing on the PUD proposal
for December 1, 1983.
Mr. McNeil stated they are now pursuing the obtaining of a foundation
permit under the variance for the Demoulas parcel; however this has
been included in the PUD.
COVENANT TO ACCOMPANY THE FORM A--HIGHLAND REALTY TRUST (Parcel 8)
Upon the motion of Donald Hunt and second of Edward Stevenson, the
covenant to accompany the Form A (Boston Trader' s) on Parcel 8
of Highland Realty Trust was approved as amended. It was so voted.
The amendment was to Item ##? in the covenant which will now read,
"The Owner and Fafard agree with the Planning Board that neither
shall request approval of any additional Form A plans utilizing
First Street as necessary Form A frontage for the land shown as
having frontage on either side of the street marked "First Street"
between the continuation of First Street southwesterly of the area
marked "Temporary Turnaround" and First Street's intersection with
Swampsdott oad all as shown on the plan, until such time as said
• section of First Street is constructed in its entirety to Swampscott
Road and a PUD and Subdivision are approved by the Planning Board. "
(the underscored section denotes the addition made by the Planning
Board. )
BOARD OF APPEAL AGENDA
The Planning Board will notify the Board of Appeal of their opposi-
tion to the petition of
There being no further business, a motion was made to adjourn. Having
passed unanimously, the meeting was declared adjourned at 10 :45 p.m.
Respectfully submitted,
Dale Yale
Clerk
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AGENDA--May 19, 1983
1. Form A--Stasia J.. Theriault
2. Lutts--Cabot Farm
3. Form B--Char-Sid Realty Trust
4. Maguire--Lafayette Villa
5. Fafard
6. Approval of Minutes
7. Old Business
B. New Business
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W. nP Oalem (16cren
Amended
MINUTES OF MEETING
May 19 , 1983
The Salem Planning Board met at One Salem Green, second floor
conference room on Thursday, May 19, 1983 . Present were Ken May,
Donald Hunt, Abby Burns, Normand Houle , William Cass , and Walter
Power. David Goodof and Edward Stevenson were absent.
Chairman Walter Power called the meeting to order at 7:45 P.M.
FORM A--STASIA THERIAULT
r.�
This plan involves allowing the owners of the property at 10 But-
ler Street to purchase essentially their front steps which research
has shown are presently owned by the City. The plan shows Lot
A containing 6,910 square feet being combined with Lot B containing
23 .75 square feet to form one contiguous lot containing 6933 . 75
square feet.
. Upon the motion of Donald Hunt and second of Ken May, the Form
A was endorsed, approval under the Subdivision Control Law not
required. It was so voted.
CABOT FARM
Mr. and Mrs . Lutts , owners of Cabot Farm at the end of Orne Street,
were present to discuss their plans to build two additional homes
on the farm property. One , house would be fronted on an existing
(non-paved) road which runs through the property. An historic map
of the City shows this road to be in existence for over 100 years .
The second house would have access from Salt Wall Lane , which is
now essentially a dead end road. However, there is an easement road
for New England Power lines beyond the end of Salt Wall Lane which
could provide access to the second proposed home . Each house would
be approximately 25,000 square feet. The house at the end of Salt
Wall Lane could tie into the existing sewer--the other home would
use a septic tank.
Walter Power noted all the other City services are present--water,
electricity, etc . Mr. Lutts added that the lot proposed to use
a septic system has been perk tested and found to be in conformance .
Susan Madison noted that there was a possibility of the proposal
having to go for a variance from having frontage on a paved way.
Mr. Lutts- noted the road is in excellent shape .
Walter Power stated the danger here is that contiguous lots be-
come a subdivision. Abby Burns asked when that happens and Ken
May replied that it is within the Planning Board' s pervue to make
Minutes of Meeting--May 19, 1983 Page 2
this determination= however, the Board must be consistent in its
• determinations. He added that in the future , there could be a po-
tential for more development.
Mr. Lutts stated that he has no intention of ever developing the
area. It is a farm now and they want it to remain a farm.
Walter Power raised the possibility of Mr. Lutts leasing the land.
Therefore , there would be no need for a Form A. Mr. Lutts seemed
to feel he would rather not take this route .
Donald Hunt asked how wide the road was at its widest point and MrT
Lutts felt it was approximately fourteen feet wide . LD
Regarding the second house off Salt Wall Lane , it was noted it would
be between 500 and 600 feet to tie into the sewer line . There fol-
lowed several minutes of discussion regarding a way to provide
frontage on Salt Wall Lane , which is an accepted road. Proper ac-
cess and turnaround area for emergency vehicles must be provided.
Further Salt Wall Lane is 25 feet wide , so some conformance would
have to be made . The Planning Board desires to find a way to
protect the property n,theipest possible way.
Walter Power stated that the Board will take the matter under ad-
visement and would report to Mr. Lutts in two weeks after a con-
sensus has been reached regarding these- two proposals .
• FORM B--CHAR-SID REALTY TRUST (Goutzos)
Susan Madison noted that this project came in under a Form A two
weeks ago and it was noted at that time that there was no frontage
on a paved road (Sophia and Appleby Roads) . The Planning Board
ruled that they must come in under Subdivision Control. The area
backs up to Marlborough Road and is surrounded by undeveloped land.
The proposal is to combine six lots into three . They will be 25,000
sq, ft. , 16, 500 sq, ft. and 27 ,600 square feet in size . Mr. Goutzos
noted the sewerriline is already in. He further noted that only
two of the three proposed will be developed--the third will appear
on the plan but will not be developed.
Mr. Kielty, attorney for Mr. Goutzos , added that the paving would
be extended and a cul-de-sac added for use of emergency vehicles .
Ken May addressed the matter of bituminous curbing. It was noted
they do not last. Mr. Kielty replied that they had planned bi-
tuminous in order to provide continuity with what was already
present. Walter Power felt there should be granite (or concrete) .
This is also true of sidewalks. Even though asphalt is present,
the Board would .di'scuss ,regviring cement- sidewalks .
Mr. Kielty will send a letter with a list of proposed waivers and
will return once all comments have been received from the various
City departments.
• Minutes of Meeting--May 19, 1983 Pa
uge 3
LAFAYETTE VILLA
Mr. Robert Maguire , developer of the former Ives Greenhouse property
on Lafayette Street, was present to discuss his revised plans for
a fourteen-unit condominium site .
Mr. Maguire stated that he has met with the Historical Commission
and has retained an architect to create a development which would
be compatible with the streetscape . His intention ,is to move
the carriage house and house four units there . He.plansito remove
completely a two-car garage which now exists on the property: This
will provide twenty-eight parking spaces , some of which he may of-
fer to the neighbors for their use .
The plan shows good drainage , good buffer zones with green space ,
and Mr. Maguire plans to offer several amenities in deference to
his neighbors.
Mr. Maguire went on to describe several features of the units--
french doors opening onto a deck on the side and french doors
opening onto balconies facing Lafayette Street. The separate unit
building will Ckbe connected by a bridge and the bads of the
units will• have a greenhouse-type of effect. The facade will be clapboard, the units are well-insulated in the common .wall and planned a@
plumbing problems in one unit will not affect the others.
Mr. Maguire will be going before the Board of Appeal on June 15
and back before the Historical Commission on June 1. He would
like a letter of recommendation from the Planning Board addressing
his proposal.
Walter Power noted that the plan fits the streetscape very well.
Further, the density of the area is 2583 sq. ft. and Mr. Maguire""
density is 2900. The allowable density for an R-3 district is ILS
3500. The Planning Board felt that this was a compatible proposal.
Upon the motion of Abby Burns and second of William Cass, a letter
will be sent endorsing this proposal as meeting all the criteria
set forth by the Planning Board. It was so voted.
FAFARD
Mr. Robert Maschi, Vice-President of Fafard, was present to bring
the Planning Board up to date on what is happening regarding
Highland Acres. He first presented a drainage study which was
done on the entire area of proposed construction plus several
areas which affect it. They are proposing to have a road come
from Willson Road through the golf course , into Highland Acres
and join the proposed extension of First Street. First Street
will be extended out to the Marlborough Road--Highland Avenue
intersection. They plan to construct a commercial--industrial--
Minutes of Meeting--May 19, 1983 Page 4
• condominium complex constructed in six phases. The project will
be five years in construction.
Mr. Maschi gave an overview of the drainage study which he had
previously presented to the Conservation Commission. He noted
that calculations were done on the 10 , 25, 50 , and 100-year storms .
He added that the Swampscott Road area has a particularly bad
drainage problem and their proposal would alleviate this problem
to a considerable degree . They propose changing the drainage
patterns by the use of several retention areas: One such area
is controlled by a dam and the, other is controlled by pumps �
as part of the South River Fbod Control Project. A third re-
tention pond would be used for the watering and maintenance of
the golf course . He added that the plan includes the addition
of nine holes to the Municipal Golf Course . During the duration
of the project, the developer will be working closely with the
City Engineer and the Conservation Commission.
In the condominium portion of the project, seven units per acre
are being planned. He compared this proposal with what they
have done in Ashland which many Planning Board members have seen.
One-hundred acres will be developed for condominiums , ten acres
will be retained as conservation land, and nine additional holes
will be constructed for the golf course . In exchange they want .
forty acres and access from Wilson Road through the golf- course.
• He wishes input from the Planning Board regarding this proposal.
Donald Hunt asked what width the new road proposed from Willson Road
will be and Mr. Maschi replied they intend to keep is as "rural"
as possible--particularly into the family complex area. They wish
to have no sidewalks at all and keep it scenic--a nice drive through
the golf course , etc.
Mr. Maschi added that they have recently gone through the MEPA re-
view process and are currently waiting for a report regarding the
archeological testing now being done in the area.
Susan Madison noted that this matter has also come before the Park
and Recreation Commission, legislation is being written by the
City Solicitor which will be introduced by Rep. Ruane , and the
City Council has been participating in discussions.
Walter Power noted that the way planned through the golf course
is quite restrictive and it also may be creating an alternate road
to Highland Avenue . Mr. Maschi replied they are considering a gate-
house , etc. as a way to make sure the road is for the residents of
the condominiums only. Donald Hunt asked why have an access to
Swampscott Road and Mr. Maschi replied it would ease the traffic
flow.
Walter Power felt there was a strong need for a second entrance
into the Hawthorne Square Shopping Mall. Mr. Maschi felt they
intend to make an allowance for this and Walter Power emphasized
the need for a direct route from the parking lot to First Street.
.,i
• Minutes of Meeting--May 19 , 1983 Page 5
Ken May added that the width and;.condition of First Street will
be of major concern to the Planning Board
Mr. Maschi asked if the Board felt there would be problems with
the Proposed -seven units per acre density. Walter Power replied
they will get some direction in this regard from the City Planner;
however the seven-units-per-acre density may be a problem. The
Board is also concerned with the consistency of the area--it
would be less dense in some places than in others. Mr. Maschi
stated the developer is interested in constructin units that
have minimum impact on the environment--they work with the
contours of the land and the vegetation, etc. Seven units is
definitely the best they can propose in terms of economic feas-
ibility.
MINUTES
Upon the motion of Ken May and second of Donald Hunt, the. Minutes
of May 5 were approved. It was so voted.
There being no further business , a motion was made to adjourn.
Having passed unanimously, the meeting was adjourned at 10: 30 p.m.
Res ctfully subm' tted,
Dale E. Yale
Clerk
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Planning Poarl
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AGENDA--March 17 , 1983
1 . Approval of Minutes
7 . Board of Appeal agenda
3 . Old Business
4 . New Business
' VElty of 'Salent, �fflM88Mc41t88tt8
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MINUTES OF MEETING
MARCH 17 , 1983
The Salem Planning Board met at One Salem Green , second floor, on
Thursdav, March 17 , 1983 , at 7 : 30 p.m. Present were Donald Hunt ,
Walter Power, and Edward Stevenson. Normand Houle, Abby Burns ,
William Cass , William Wheaton, David Goodof , and Kenneth Mav were
absent.
There being no quorum, Chairman Walter Power declated the meeting
open for discussion at 7 : 45 p.m.
LAFAYETTE VILLA
Mr. Robert Maguire, a developer,was present to discuss his proposal
which will be heard before the Board of Appeal on March 23. Mr .
Maguire wishes variances from lot area , width, side and rear setbacks ,
and density requirements to construct eighteen condominium-units at
256-258 Lafayette Street. This is the former Ives Greenhouse property
and is zoned R-3 . Citv Planner W. Gregory Senko was also present to
., participate in this discussion.
Mr. Maguire stated that he has 88 ' of frontage on Lafayette Street
and 70 ' on Laurel Street. There is a coach house and greenhouses
on the- property. he. woiuld like to develop, plus other buildings.
Originally, his intention was to utilize the large qreenhouse -as
part of the development, but now plans to tear it down and build
a new building. He additionally may sell off part of the property
to the abuttors in order to create a more conventionally-shaped lot.
He further proposes developing the coach house into four units
with the aid of historic restoration funds . If he does not develop
the coach house, he may offer it for sale to his neighbor for use
as a garage. He anticipates the units to range in size from 600 to
1 150 square feet and they would be a combination of towhhouses and
flats selling for approximately $46 , 100 - and up..
Donald Hunt asked what the uses of the houses on either side were and
Mr. Maguire replied that there was a single family on one side and
a five family on the other.
Greg Senko noted that the allowable density for an R-3 area is 3500
square feet per unit and his proposal was for considerably less .
Mr. Maguire felt that the proposal was compatible with the density
of the neighborhood. Greg further noted. that if the area was developed
in compliance with the allowable density, only eight units total
would be allowed. Mr. Maguire agreed , but added that from a cost
10 viewpoint, this was not feasible . Mr. Senko felt that hardship for
density was difficult to prove--variances for sidevard and setback
were easier.
Minutes of Meeting--March 17 , 1983 Page 2
Mr. Senko asked what type of circulation plan and parking proposals
Mr. Maguire had planned. Mr. Maguire replied that he can provide
adequate parking for twenty-nine cars in back of the building. He
anticipates needing a right-of-way from Laurel Street to provide an
entrance/exit from that street.
Donald Hunt asked what was the anticipated width of his driveway.
Mr. Maguire replied between 12 to 15 feet. Mr. Maguire further noted
that Laurel Street was better for access and egress of the proposed
development.
Mr. Senko asked what plan Mr. Maguire anticipates presenting_ to the
Board of Appeal and Mr. Maguire replied he will ._ resent the set of
plans he has shown to the Board this evening and hopes to "negotiate"
based on the feelings of the Planning Board, the neighbors , etc.
Generally, he anticipates, six 800 square foot units in the front of
the building, eight 600 square foot units in the back, and four
1150 square foot units in the coach house. Some buffer would be
provided and small plantings scaled to the lot would be placed on
the perimeter of the building.
Walter Power asked the size of the building itself and was it scaled
to the lot. Mr. Maguire anticipates the front of the building being
three stories tall , but this is not shown on the present plan.
• The parking lot will be 70 ' wide except for an area where a common
garage is located. In response to a question from Donald Hunt,
Mr. Maguire stated he may put a peak on the building, but he is
not sure as yet.
Greg Senko asked how much lot coverage was anticipated. Mr. Maguire
replied approximately 36-378 before any sell off of property would
be covered.
Walter Power noted that for lasting value of a property, the size
is a definite consideration. Mr. Maguire replied that to recover
his marketing and building costs and provide a moderately-priced
housing unit, this type of plan was necessary.
Susan Madison asked if. Mr. Maguire had made anv comparisons of lot
coverage in the area. Mr. Maguire replied in the affirmative, stating
that he felt the average lot coverage in the area was 65% .
Walter Power stated that the Planning Board is trying to preserve
this particular piece of Lafayette Street as a unique streetscape .
Mr . Maguire' s proposal would be incongruous.
Greg Senko made a study of the land use map of the area to compare
the dwelling units on neighboring lots. Taking a one-block sampling,
it was found that the average density per dwelling unit was 2538 square
feet. If you take out Mr. Maguire ' s property, the average is 2053
` square feet per dwelling unit. Therefore , a maximum of fourteen- Units
'
Owl Minutes of Meeting--March 17 , 1983 Page 3
on the oroperty would be compatible with the neia_
d hborhooda-four in the
coach house anda maximum of ten in' the proposed new building.
Concern was expressed by the Board as to the compatibility of the
design with the streetscape. Following some discussion, Mr. Maguire
agreed to consult an architect to help create a harmonius facade
for the building. Following some further discussion as to access
and egress , the consensus of the Board was to write a letter to the
Board of Appeal addressing the .following issues : 1 . ) Mr. Maguire
will consult an architect to help create a facade design compatible
with the neighborhood; 2 . ) A total of fourteen units--ten in the
main building and four in the coach house--shall be allowed; ._
3. ) Landscaping shall be shown on the site plan to soften the impact
of the building on Lafavette Street, and 4'. ) A circulation plan of
traffic shall be presented.
There being no further discussion on this matter, Mr. Maguire was
excused with the Board' s thanks .
OLD BUSINESS
In response to a request from the Board, Greg Senko will provide the
Board with some guidelines regarding the sign ordinance review. This
will give the Board additional input in commenting on Proposed signs.
There being no further business, the Chairman declared the meeting
adjourned at 10 : 10 p.m.
Re%gectfull_v submitted,
01& � � Vt�
Dale E. Yale
Clerk