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1983-PLANNING BOARD - 1983 _____ __ r _ _ _.,� _ _.t. . _._ __._. -. �` L KLI# I o{ tt�Pllt� MSSFTC11$PS n �r w - � Manning �narl One 0alem Green 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 of 17' rzlem, fflaSSU USrtts lbanning Pourb (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 • �;r'`� -�o �lauiiiug marl 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. ��f.CAA91L. (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 -�- Dale E. Yale Clerk • �.COHORy 111 tU L4 ,5r atem, �1.Y1 Gl,ssacLIuufts $ § �'1'�aaLa45�rJJJ 1. 111 a 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 • s (gi#p of 'Salem, 'Massac4use##s • �- ' mla►tnittg POartl S�LUp�4. (Ont Salem (ZrPen 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 ct !�I,l /1 .� 14 �)itll'tll� C �M�5tIC1;lI5E# � 3, N yy y riotq J�Ialnit119 �IIart ' r S ;1 u.: (011e Sall II (5rrpn q[CL i'd:_q 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 WBP:dey 'A f `. °@c��,r ire �ePartmeid �ea�yusrters Tames aj.ptarmz a _ _ _ 48 TUffqette -Sfted chi F' _ $a nc, f u. 0197a LSALEM '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 V- i#g ofxlent, r �ttssttclZ�zsE##s (®ne �_%ttlrm (Breen 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 • s of Salm, 'Cassar4usE#hs 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 • V• t a �ttl It{ ZClEIII� 2tSSMChtISES • �;r w y Planning marl Out 0alPm (grCPri 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 • • � 9 Ctv of �$alent, Aussac4usetts ,• �7 ,� f Plattia" Pnarb (One Oalrm (Arepu 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 �0 Ctg of 'SAP111, r �assac4usetts • �; �� � s �lauttittg �Oartl s �"�ry0� �pP r��IPtll �[PPtI 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 • 1 ........�a � (llifg of 'Salem, Ainssac4usetts im �; w �y �lattltittg �Oartl (Pne 'ittlrm preen 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 i 01itp of '$alem, �flttssac4usletts Wne 0alrm preen 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 i • t, ('gi# of c Sttlem, ttssttcl�azse##s 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. 'Co Coity UrfSttlent, ittsrzcl��zse#ts � � �Ittzmix�g �nttxD Mne �$tttem Or= 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 0 • a ,Cowes"` Ctv D 2S�ExtT� ?S SFIt LtSE p One !$a&nt Green 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 • Sala Ctu of a, 'Massar4usietts � � ��ki1T1'[pt$ �IIttCa A a ��p (One OTrien 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 • ('gi#g of ���letu, ��tt$sttclju$e##s � � m w �' �laaiiittg ,'il�uarl 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 • Clerk r.00POpy 111�7 of $agent, .J4IN��Gi.V L1.Ll�44A3! C/ • �, a �I2T1fYiLIL$ �IIZ[r�l (One �$a6lm (Stern 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 • 'itg of "Solent, '�Ettssac4usetts Platutittg Pam) Wne I§alrm (16rren 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 $3800 just to plow the road and this cost was borne by the residents. Mr . Zieff reiterated his commitment to work with the residents in every way possible . Upon the motion of Normand Houle and second of William Cass , the Form A was endorsed, approval under the Subdivision Control Law not required, contingent upon the necessary changes being made . It was so voted. Mr. Zieff formally requested to withdraw his cur- rent plan and will re-submit on October 7 , 1983 MINUTES Action on the Minutes will be postponed until our next meeting. BOARD OF APPEAL AGENDA • Two petitions before the Board of Appeal were addressed by the Minutes of Meeting--October 6, 1983 Page 3 • Planning Board, The Planning Board opposes the petition of Philip and Velma Oliver for a Special Permit to convert an exist- ing two family dwelling into a three family dwelling at 37-39 Appleton Street (R-2) on the basis that the parking problems in the area would be intensified and the density would be increased as well . Further, the Planning Board opposes the petition of David Rifkin for a variance to allow- first floor of 95-99 Federal Street to be used for a law office and to convert existing eight-room apartment on second floor into two four room apartments (.R-2) as the Board is committed to preserving the residential quality of the neighborhood and they have consistently opposed this type of use in the past. The Board of Appeal will be notified of these concerns . There being no further business , a motion was made to adjourn. Having passed unanimously, the meeting was declared adjourned at 9 :40 p.m. Respectfully submitted, ,SLL �Q,� Dale E. Yal • Clerk • ..✓ , CjyyyTt� tif aCC y}y ffl assadjusletts • 9,A � �I2LYl7titC$ �IIF3ID 9 ,'"ep+xwec°it Mm ,$ttlPm (Sran Agenda--June 3, 1983 1. Form A--J & R Realty Trust 2. Cabot Farm 3. Sign Ordinance Review 4. Board of Appeal agenda 5. Old Business 6. New Business 7. Approval of Minutes • :.a 9i#V of �I�¢xtT, gassachuse##s ',JAco.m s t w-ICe p�$nle C Orern 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 �;t ,w-�o �lauitittg �uarl Wnr 1§ttlrm (Breen 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 y'C090?(.{ /� 1 Ctul of Salem, Anssar4usetts ~a � �DttrD ,rf �1p}1ett1 • F<O/NN:6 fNw 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) • u# Stt1Ent, itt� ttcl�tt�e##s Planning �303rD s One SaIrm Green 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 ('gi#u 11f �letu, C �ttssttclTuse##s �,J+1� _�� �lauuing �QnarD /���L�4.� (Nne �alettt (Breen 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 �%ON r i •� 'rr^ Uollsery Salem. 01970 t !1 LTL'" - NT... II 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 • r <�1 a±rm. 11a achus:e(t 01970 _'Yfy.00Y0?,�b� CgitU of IPm, :4aos�xchuse#k 0 Y ��YY peocYlms cP (One -�,5caiem Grem _ 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. Cgitp of 'Salem, 'Rittssac4usE##s • � ' w -� = �l�tttttittg ,�Dartl (Otte 0alem (8crrn 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 OIL,(91,A7Jascpl�inc �:�-warn �1 3iumn i Gfq �S ��CMfYF. 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 RKS : lr • • Ctu of $alCIII, ' ttssac4ust##s Plamung Pnarb Wnp "balem Grifn 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 of �ttlent, 'Massar4metts • Fps Aaarb g (ire Mriu Green 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. r 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, C Dale E. Yale Clerk • • co' of $afent, fflaosac4usietts �' � a �Ittxu�ing �uttr� (One '$ttlem Green 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 ubmitted, iiilJ cu, 8 Dale E. Yale Clerk P � Ctv of 'Siulent, �ffittssac4use##s r ` One Otti ri (form 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 • • UI( (laity of 'SAP»t, C assar4usle#ts �;r'�'� •"`� F �Iuttttittg ,1(�Dartl 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 • 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 • 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 1e 4 1t ^ dr Minutes of Meeting 5 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 • 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: `- Y • 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. l_ 2 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 1 • 3 t_ ! RECEIVED} .y 0 V 15 ;983 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 v y T j _ • • t O 'Co OYI„I tg L`i (H�A��A�6L'� C'L1 NIJ71K411.147J44.Lr0 A YJ �LtIIUIUI$ �L1�� 1 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 • Ctu of FXICa1T� AaesacC uSEttS d q • �a � �IETYtttTtC$ �II2Tra One iakm Or= 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• - --_ - --- - - • 0!`4y,00�mta.�e, Ally g `'�zXezn, SIS �XC�i1z5E##� 5 • /� r !� 3 � ��12TY(IttIT� '�1= DctSl� 9 rpe�ixrvs�°�~ UIIIE �ulem Or= 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 9�4V.00��11�.,� 6 V•l ofalLill� ell, IA :JU�L/�IJ LA �3 ? 111 • � l = ��I2T1tTTITt� �DMrL� "��ixrvsoa"'` ne �§-Z[lezn (Green 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 OJ�J•`a D o�' IfiMSSF.I.0 IISE##S s � � � �Ittrucin$ �uttrD 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 r Ctg of 'Sialent, p' assac4usetts Pluttt►itt$ Puarl s 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 cc) ('gi#v I>f �,Sttleiit, ttssttcl�use# s Planning Poarl (Otte Ottlem (Sreett AGENDA--March 17 , 1983 1 . Approval of Minutes 7 . Board of Appeal agenda 3 . Old Business 4 . New Business ' VElty of 'Salent, �fflM88Mc41t88tt8 ,v ` (One 0xlrm Grun 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